HomeMy WebLinkAbout03/06/2012.. e.i .° ...... ,.� ..
-
MM
City of
Narnond Bar
City Council Agenda
Tuesday, March 6, 2012
6:00 p.m. — Closed Session — Room CC -8
6:30 p.m. — Regular Meeting
The Government Center
South Coast Air Quality Management Districtl
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Ling -Ling Chang Jack Tanaka
Mayor Mayor Pro Tem
Ron Everett Carol Herrera Steve Tye
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 if of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in
need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting, must inform the City Clerk a
minimum of 72 hours prior to the scheduled meeting.
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.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
March 6, 2012
Next Resolution No. 2012-10
Next Ordinance No. 04 (2012)
CLOSED SESSION: 6:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
► Government Code Section 54956.9(a) Pending Litigation
City of Alhambra et al v. State of California Board of Equalization,
Los Angeles Superior Court Case No. BS 124978 (sales tax
allocation dispute).
CALL TO ORDER:
1»=191rl=901yA44MMF-3k,Iy=
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
6:30 p.m.
Mayor
Pastor Jeanne Favreau-Sorvillo,
Diamond Bar United Church of Christ
Council Members Everett, Herrera, Tye,
Mayor Pro Tem Tanaka, Mayor Chang
Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
BUSINESS OF THE MONTH:
1.1 Presentation of City Tile to D'Antonio's Ristorante 808 N. Diamond Bar
Boulevard as Business of the Month, March 2012.
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 21810 Copley Dr., Diamond Bar, California, during normal business
hours.
March 6. 2012 PAGE 2
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 Traffic and Transportation Commission Meeting — March 8, 2012 - 7:00
p.m., Windmill Room — City Hall, 21810 Copley Drive.
5.2 Planning Commission Meeting — March 13, 2012 — 7:00 p.m., Windmill
Room —City Hall, 21810 Copley Drive.
5.3 City Council Meeting — March 20, 2012 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
5.4 State of the City — March 22, 2012- 6:30 — 7:30 p.m., Diamond Bar Center,
1600 Grand Avenue.
6. CONSENT CALENDAR:
6.1 City Council Minutes — Regular Meeting of February 21, 2012 — Approve
as submitted.
6.2 Parks and Recreation Commission Minutes — Regular Meeting of
November 17, 2011 — Receive and File.
6.3 Traffic and Transportation Commission Minutes:
(a) Regular Meeting of November 10, 2011 — Receive and File.
(b) Regular Meeting of January 12, 2012 — Receive and File.
6.4 Ratification of Check Register — February 16, 2012 through February
29, 2012 totaling $1,398,523.73.
Requested by: Finance Department
March 6, 2012 PAGE 3
6.5 Treasurer's Statement — Month of January, 2012.
Recommended Action. Approve.
Requested by: Finance Department
6.6 (a) Approve Contract Amendment with GFB-Friedrich & Associates,
Inc. for Assessment Engineering Services for Landscaping
Assessment District Numbers 38, 39 and 41 for a Period of One (1)
Year, for a Total Contract Amount of $12,965.
Recommended Action: Approve.
(b) Adopt Resolution No. 2012 -XX: Ordering the City Engineer to
Prepare and File a Report Related to Maintenance of Public
Improvements in the City Landscaping Assessment District No. 38
and Any Assessment Thereon for FY 2012-13.
Recommended Action: Adopt.
(c) Adopt Resolution No. 2012 -XX: Ordering the City Engineer to
Prepare and File a Report Related to Maintenance of Open Space in
the City Landscaping Assessment District No. 39 and Any
Assessment Thereon for FY 2012-13.
Recommended Action: Adopt.
(d) Adopt Resolution No. 2012 -XX: Ordering the City Engineer to
Prepare and File a Report Related to Maintenance of Open Space in
the City Landscaping Assessment District No. 41 and Any
Assessment Thereon for FY 2012-13.
Recommended Action: Adopt.
Requested by: Public Works Department
6.7 Authorize an Increase to the Contract with ComDyn Group, Inc. for
As -Needed Information Technology Services in the Amount of
$12,000 for a Total Authorization of $47,500.
Recommended Action: Approve.
Requested by: IS Department
March 6, 2012 PAGE 4
6.8 Approval of Amendment No. 1 to the Contract with West Coast
Arborists for City -Wide Tree Maintenance and Watering Services for
2011/12 Fiscal Year Adding $30,000 to the Authorized Amount of
$181,700 Resulting in a Total Not -to -Exceed Amount of $211,700.
Recommended Action: Approve.
Requested by: Community Services Department
6.9 Second Reading of Ordinances for Site D Ordinances:
(a) Ordinance No. 0X(2012) Approving Zone Change No. 2007-04
Changing Existing Zoning to Specific (SP) for Property Comprised of
Approximately 30.36 Acres Located at the Southeast Corner of Brea
Canyon Road and Diamond Bar Boulevard, (Assessor's Parcel
Numbers 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903
and 8714-015-00).
Recommended Action: Approve for Second Reading by Title Only, Waive
Full Reading and Adopt.
(b) Ordinance No. 0X(2012): Approving the Site D Specific Plan
(Specific Plan No. 2007-01) for Property Comprised of Approximately
30.36 Acres Located at the Southeast Corner of Brea Canyon Road
and Diamond Bar Boulevard, (Assessor's Parcel Numbers 8714-002-
900, 8714-002-901, 8714-002-902, 8714-002-903 and 8714-015-001).
Recommended Action: Approve for Second Reading by Title Only, Waive
Full Reading and Adopt.
(c) Ordinance No. 0X(2012): Approving. Development Agreement No.
2012-01, for Property Comprised of Approximately 30.36 Acres
Located at the Southeast Corner of Brea Canyon Road and Diamond
Bar Boulevard, (Assessor's Parcel Numbers 8714-002-900, 8714-002-
901, 8714-002-902, 8714-002-903 and 8714-015-001).
Recommended Action: Approve for Second Reading by Title Only, Waive
Full Reading and Adopt.
Requested by: Community Development Department
7. PUBLIC HEARINGS: None.
8. COUNCIL CONSIDERATION: None.
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
March 6, 2012 PAGE 5
10. ADJOURNMENT:
Agenda: No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 21, 2012; h
U v
CALL TO ORDER: Mayor Ling -Ling Chang called the Regular City
Council meeting to order at 6:30 p.m. in the SCAQMD/Government Center Auditorium,
21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Council Member Carol Herrera led the Pledge of
Allegiance.
INVOCATION: Ahmad H. Sakr, PhD, Islamic Education Center gave
the invocation.
ROLL CALL: Council Members Carol Herrera, Ron Everett, Steve
Tye, Mayor Pro Tem Jack Tanaka, and Mayor Ling -Ling Chang.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works
Director; Greg Gubman, Community Development Director; Bob Rose, Community
Services Director; Dianna Honeywell, Finance Director; Ryan McLean, Assistant to the
City Manager; Ken Desforges, IS Director; Rick Yee, Senior Civil Engineer; Kimberly
Young, Associate Engineer; Christy Murphey, Recreation Superintendent; Anthony
Santos, Management Analyst; Lauren Hidalgo, Public Information Specialist, and
Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Submitted.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 C/Tye presented a Certificate of Recognition to Boy Scout Troop 777
Scoutmaster Martin Cardenas for receiving the "Silver Beaver Award."
1.2 MPT/Tanaka presented a Certificate of Recognition to Atharshna
Singarajah for being named "Leo of the Year" by the Lions Club
International.
NEW BUSINESS:
1.3 M/Chang presented a Certificate Plaque to Apolinar Nahue, Owner and
Chef of the Interaymi Restaurant, 23545 Palomino Drive Suite F, as New
Business of the Month for February 2012.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano thanked ACM/Doyle, for bringing the construction of the new City
Hall to completion on time and to PIM/Roa and staff for their help with tonight's
City Hall Open House.
FEBRUARY 21, 2012 PAGE 2 CITY COUNCIL
K
0
PUBLIC COMMENTS:
Gabriel Aguilar, DBHS Instructional Dean and Walnut Valley 5K Chairman
introduced Chaparral Middle School student Jesse Hang, Representative for
Leadership and ASB President, who then introduced fellow students who
announced details of the Walnut Unified School District's 5K Run Fundraiser on
Sunday, March 4 at DBHS at 8:00 a.m. Council Members were presented with
T -Shirts and Bibs for the event as a token of appreciation for the Council's
support of the event.
Jack Shah, Sunshine Seniors Association, presented a plaque to the City Council
as thanks for acquiring a new City Hall for the community and the fiscally prudent
way in which the City runs and hopes that it serves as an example for other
cities.
Hala Murad, Relay for Life of Diamond Bar, invited everyone to attend the Relay
for Life fundraisers that will be held at Chili's on March 14 and at D'Antonio's
Ristorante on April 18. For more information, visit the Website at
www.relayforlife.org/diamondbarca or HalaMurad(cD_diamondbarrfl(c)_gmail.com or
call 909-860-5503. Ms. Murad went on to announce that the Relay for Life event
is scheduled for May 19 from 9:00 am to 9:00 am on May 20. She also stated
that she enjoyed the tour of the beautiful new City Hall.
Jody Roberto, Diamond Bar Community Foundation, invited residents to attend
the Spotlight on the Arts Concert sponsored by the Diamond Bar Community
Foundation on March 3rd at Mt. SAC from 2:00 p.m. to 4:00 p.m. This event
serves to raise money for both DBHS and DRHS. Students from schools as well
as the Pacific Crest Drum and Bugle Corps will be performing.
RESPONSE TO PUBLIC COMMENTS:
M/Chang thanked the Sunshine Seniors for the plaque and stated that
recognition goes to staff for their hard work and to the residents for putting their
faith in the City Council and its staff.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting — February 23, 2012 — 7:00
p.m., Diamond Bar City Hall Windmill Community Room, 21810 Copley
Drive.
5.2 Planning Commission Meeting — February 28, 2012 — 7:00 p.m. —
Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting — March 6, 2012 — 6:30 p.m., SCAQMD Auditorium,
21865 Copley Drive.
FEBRUARY 21, 2012 PAGE 3 CITY COUNCIL
6. CONSENT CALENDAR: C/Tye moved, C/Herrera seconded, to approve the
Consent Calendar. Motion carried by the following Roll Call:
AYES: COUNCIL MEMBERS: Everett, Herrera, Tye, MPT/Tanaka,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1. CITY COUNCIL MINUTES — Regular Meeting of February 7, 2012 -
Approved as Amended.
6.2 RATIFIED CHECK REGISTER — Dated February 2, 2012 through
February 15, 2012 totaling $1,275,644.91.
6.3 EXONERATION OF SURETY BOND NO. TM5053816/6398471 AND
TM5040782/63134001 POSTED BY BROOKFIELD DIAMOND BAR
VILLAGE, LLC FOR TRACT 62482 (VANTAGE TOWNHOMES) TO
COMPLETE LANDSCAPE IMPROVEMENTS AND MONUMENTATION.
6.4 ADOPTED RESOLUTION NO. 2012-05: DECLARING PROPERTY
LOCATED AT THE SOUTHEASTERLY CORNER OF DIAMOND BAR
BOULEVARD AND BREA CANYON ROAD (APN 8714-105-901) AS
SURPLUS PROPERTY AND AUTHORIZED THE CITY MANAGER TO
DISPOSE OF THE PROPERTY AT FAIR MARKET VALUE.
6.5 ADOPTED RESOLUTION NO. 2012-06: APPROVING DESIGN AND
PLANS FOR CONSTRUCTION OF THE COMMUNITY DEVELOPMENT
BLOCK GRANT CURB RAMP PROJECT NO. 27012 AND CDBG
PROJECT NO. 601394-11 PURSUANT TO GOVERNMENT CODE
SECTION 830.6 AND ESTABLISHED A PROJECT PAYMENT
ACCOUNT; AND, AWARDED THE CONSTRUCTION CONTRACT TO
GENTRY BROTHERS, INC. IN THE AMOUNT OF $165,500 AND
AUTHORIZED A CONTINGENCY AMOUNT OF $24,000 FOR PROJECT
CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR
A TOTAL AUTHORIZATION AMOUNT OF $189,500.
6.6 AUTHORIZED PURCHASE OF FURNITURE, FIXTURES AND
EQUIPMENT FOR THE NEW LOS ANGELES COUNTY LIBRARY FROM
VARIOUS VENDORS INCLUDING INTERIOR OFFICE SOLUTIONS,
AGATI FURNITURE AND YAMADA ENTERPRISES IN AN AMOUNT
NOT TO EXCEED $450,000.
FEBRUARY 21, 2012 PAGE 4
7. PUBLIC HEARING:
CITY COUNCIL
7.1 GENERAL PLAN AMENDMENT NO. 2007-03, ZONE CHANGE NO.
2007-04; SPECIFIC PLAN NO. 2007-01 ("SITE D SPECIFIC PLAN"),
DEVELOPMENT AGREEMENT NO. 2012-01; AND ENVIRONMENTAL
IMPACT REPORT 2007-02 (SCH NO. 2008021014).
CDD/Gubman reported that the item before the Council tonight is the final
consideration of the Site D Specific Plan. The recommended actions for
the City Council to take this evening include certification of the
Environmental Impact Report for Site D Specific Plan as stated in the
attached Resolution; approval of the Specific Plan 2007-01 (Site D
Specific Plan), a tailored zoning ordinance that applies only to the Specific
Plan Project Area. By adopting the ordinance, a Specific Plan document
becomes the governing document for that site. Related to that is adoption
of an Ordinance to enact Zone Change No. 2007-04, effecting a revision
to the City's official zoning map designating the Site D Project Area as a
site that is subject to unique development standards as set forth in the
Specific Plan; a Resolution to adopt General Plan Amendment No. 2007-
03, similar to the zone change as it will result in a change to the General
Plan Land Use Map to Specific Plan thus making the General Plan and
the Zoning consistent; and, a Development Agreement No. 2012-01
approved through an Ordinance, the purpose of which is to commit the
City and the WVUSD to certain considerations set forth in the
Development Agreement. The Development Agreement states that in
return for the City's consideration to rezone the Site D property to allow a
housing density that is higher than what the underlying conventional
zoning provides, in exchange the project will produce for the City,
development fees in the amount of $15,000 per residential unit
constructed on the site for a potential total development fee of $3 million to
the City.
CDD/Gubman provided a chronology of the milestones passed to date for
this project. There are immediate Improvements that must be completed
for two intersections along with the projects. In lieu fees will not be
accepted in place of constructing these improvements. The first is
Cherrydale Drive at Diamond Bar Boulevard. The Specific Plan contains
the flexibility for the future developer to consider relocating the entrance to
align with Crooked Creek. According to the updated traffic analysis, the
types of improvements and costs of those improvements are essentially
the same for each possible ingress/egress point. These improvements
include providing an option left or through lane and separate right -turn
lane on the northbound approach; restriping of the southbound approach
to provide an option left through a right -turn lane on Cherrydale; to widen
and/or restripe the eastbound approach and departure on Diamond Bar
Boulevard and a third through lane and provide a separate right -turn lane.
The median at Diamond Bar Boulevard would need to be modified and
FEBRUARY 21, 2012 PAGE 5 CITY COUNCIL
restriped to provide dual westbound left -turn lanes into the project and
finally, the installation of a traffic signal. Improvements for the Brea
Canyon Road/Diamond Bar Boulevard intersection which is already
burdened with high traffic volumes, would minimally add to the volumes,
and as the only project that is undeveloped at this intersection,
development of this project will bear the burden of completing all
improvements to relieve the congestion that currently exists on the site. At
Brea Canyon Road and Diamond Bar Boulevard, improvements would
include widening and/or restriping of the northbound approach on Brea
Canyon Road to provide a second right -turn lane; to widen the eastbound
approach and departure on Diamond Bar Boulevard to a third through lane
and to restripe the westbound approach on Diamond Bar Boulevard to
provide a second left -turn lane. CDD/Gubman pointed out that on page 7
the Pathfinder Road/Brea Canyon Cutoff intersection is actually one of the
fair -share contribution intersections and not one where the actual
improvements would be required and that staffs report should have
referenced the Brea Canyon Road/Diamond Bar Boulevard intersection.
The final component to the group of action items being presented tonight
for the Site D Specific Plan is a Development Agreement between the City
and WVUSD. The WVUSD, as the owner of 96 percent of the site, will
derive a substantial benefit from the adoption of the Specific Plan in the
form of vested rights to develop 200 residential units on the subject
property. The residential development that the Specific Plan would enable
significantly exceeds the density that the current underlying zoning of RL
and RLM would accommodate. This vesting will immediately add value to
the site when the District chooses to dispose of the property on the open
market. Development of the Site D Specific Plan will also produce many
benefits to the community including the addition of high-quality residential
housing to the City's housing inventory, creation of a new neighborhood
park, traffic improvements to help traffic flow at the intersection of
Diamond Bar Boulevard and Brea Canyon Road, and the visual
enhancements of one of the key entrances to the City. One area of
community benefit that the reformulated Specific Plan will no longer be
able to provide is sales tax revenue stream that would have been
produced by a commercial development on a portion of Site D. Moreover,
the 2 -acre neighborhood that is now part of the Specific Plan will add to
the City's park maintenance expenses. In light of the foregone sales tax
revenue opportunity and added costs associated with the future park,
WVUSD agreed to enter into a Development Agreement with the City
whereby the City will receive $15,000 for every dwelling unit constructed.
This development fee, which could generate up to $3 million for the City is
roughly the equivalent of 15 -years of in -lieu sales tax revenue combined
with about 20 years of parks maintenance costs. This obligation, once
recorded, will be transferable to the eventual purchasers and developers
of Site D.
FEBRUARY 21, 2012 PAGE 6 CITY COUNCIL
CDD/Gubman stated for the record, the following corrections to staff's
report: 1) Attachment 1, Resolution certifying the EIR. The title of the
resolution calls out an obsolete reference to adopting a Statement of
Overriding Considerations. Since the project, with mitigation, will no longer
result in any significant environmental impacts, a Statement of Overriding
Considerations is no longer applicable and the line should be stricken from
the title. 2) Two recitals were omitted from the Resolution which were
read into the record: "As a result of that collaboration on February 1,
2008, the City's Community Development Department disseminated a
Notice of Preparation and initial study presenting a preliminary
assessment of the potential impacts of the project and have identified
therein as the Diamond Bar Boulevard and Brea Canyon Road Site D
Specific Plan in the Site D property Specific Plan. On February 5, 2008
the Governor's Office of Planning and Research, in that agency's role as
State Clearinghouse, acknowledged receipt of the NOP and initial study
and commenced a 30 -day comment period for the submittal of comments
by state responsible agencies." That comment period started on February
5, 2008 and ended on March 5, 2008. 3) "On June 22, 2009, the
Community Development Department noticed, released and disseminated
copies of the Draft Environmental Impact Report for the Site D Specific
Plan State Clearinghouse No. 2008-02-1004 otherwise referred to as the
Draft EIR Notice of Completion and Notice of Availability examining a
proposed Specific Plan subsequently identified as the March 2010 Site D
Specific Plan authorizing the development of 202 dwelling units and
153,985 square feet of commercial use on the subject property, and
examining five altematives thereto. As indicated in the EIR,
implementation of the 2010 Site D Specific Plan would result in a number
of significant unmitigable environmental effects." CDD/Gubman explained
that additional corrections to this Resolution have to do with renumbering
and reordering of the recitals which are indicated on the markup which has
been provided to Council. The two items of substance were the two
recitals he read.
CDD/Gubman stated that the second correction is from the Development
Agreement Exhibit C, Page 55 referencing the southbound ramps at Brea
Canyon Cutoff and Diamond Bar Boulevard as being among the
intersections that require traffic improvements to be completed. As
previously mentioned, those are fair -share improvements and these
references in the Development Agreement will need to be corrected to
reference the correct improvement intersections.
CDD/Gubman recommended that the City Council open the Public
Hearing, Receive Testimony, Close the Public Hearing and 1) Adopt
Resolution No. 2012-07 Certifying the Environmental Impact Report (SCH
No. 2008021014) and approving the Mitigation Reporting and Monitoring
Program and Adopting Findings of Fact for the January 2012 Site D
FEBRUARY 21, 2012 PAGE 7 CITY COUNCIL
Specific Plan for "Site D" comprised of approximately 30.36 acres located
at the Southeast corner of Brea Canyon Road and Diamond Bar
Boulevard (Assessor's Parcel Numbers 8714-002-90, 8714-002-901,
8714-002-902, 8714-002-903 and 8714-015-001; 2) Adopt Resolution No.
2012-08; Approving General Plan Amendment No. 2007-03 to change the
existing Land Use Designations from Public Facility (PF) and General
Commercial (C) to Specific Plan (SP); 3) Approve for First Reading by
Title Only, Waiving Full Reading of Ordinance No. 01 (2012) approving
Zone Change No. 2007-04 changing existing Zoning on Site D to Specific
Plan (SP); 4) Approve for First Reading Ordinance No. 02 (2012)
Approving the January 2012 Site D Specific Plan (Specific Plan No. 2007-
01; and 5) Approve for First Reading Ordinance No. 03 (2012):
Approving Development Agreement No. 2012-01, and direct the City
Manager to take any further actions to effectuate the Specific Plan.
M/Chang opened the Public Hearing at 7:43 p.m.
Steven Li, 17920 E. Walnut Drive South, Suite 201, Walnut, CEO,
Regional Chamber of Commerce, San Gabriel Valley said he was
concerned about the complete elimination of the commercial side of the
project because as the San Gabriel Valley becomes more developed,
having empty and vacant land and use of that land is very important and
making sure that there is enough commercial development is an important
factor for necessary job and retail components for the region. So far,
staff's proposal which would be complete residential allowing 200
residential only units would generate about $3 million one-time through the
$15,000 development impact fee per unit. Comparing this to retail and
with commercial, a big box would generate roughly $600,000 per year so
in five years the big box would recover the impact fees and thereafter, the
City would realize ongoing income. If the City built a hotel of about 200
units, the TOT would be approximately $1 million per year so in three
years the $3 million would be recouped. It is not just about generating
revenue, it is also about generating daytime population. DB has a great
corporate complex that houses the City Hall as well as many other
agencies and businesses. These places need shopping, eating and
business areas. Having a commercial component at Site D is, in his
opinion is very necessary for this to happen:
Vinod Kashyap, 21452 Chirping Sparrow thanked the Council for the new
City Hall and spoke in opposition of the project.
David Busse, 21455 Ambushers Street, felt this was a good compromise
depending on what a developer wants to do with the property. If
commercial had been included it would have contributed to the high
commercial vacancy rate the City currently suffers.
FEBRUARY 21. 2012 PAGE 8 CITY COUNCIL
Eric Everhart, 20400 Leap Court, Walnut, said he was concerned that
there would only be one entrance/exit which could be problematic for fire
service and evacuation. Further, he felt the density issue should be
reconsidered and that a small two -acre neighborhood park would
effectively add nothing to the park inventory. Mr. Everhart also asked if
the School District had identified a builder and if so they should disclose
the information.
Carol Fann, 21484 Cold Spring Lane has lived in the area for 20 years
and enjoys the trees and fresh air. She felt that the project will create a lot
of toxic gas instead of fresh air and there will be dust from the new
construction.
Darin Esplin, 3121 Cherrydale, spoke in opposition to the project.
Kenneth Goble, 21255 Ambushers, spoke in opposition to the project
because the increased density of the traffic during this buildout would be
unbearable.
Jack LaBraun, Assistant Superintendent, WVUSD, thanked staff for their
collaboration and stated that until the City Council makes its final decision
the School District is collecting information about developer interest and
that when he left his office this afternoon that number was at 44. After the
City Council makes its decision the District will put the project out for bid
which will likely increase the number of interested developers. As far as
the original use for the site, at one point it was going to be the third middle
school for the District which is no longer needed due to South Point being
built and the middle school enrollment dropping like it is in most of the
school districts in the San Gabriel Valley. This trend will continue and
therefore, the District feels that the land is surplus and in these difficult
budget times the District can use the proceeds to help the students.
With no further testimony being offered, M/Chang closed the Public
Hearing at 8:08 p.m.
C/Herrera asked for clarification from staff regarding a speaker's comment
about the way the pads are drawn and the density of 200 units making it
tight for streets and placement of units in consideration of the slopes.
CM/DeStefano stated that in his opinion, the comment was based on pure
speculation from the speaker. This is a site that has a gross of about 30 -
acres and a net of at least 20 -acres for development purposes. At the
prices this land will probably sell for, there will be a variety of very creative
developers including the speaker who has a development background
using all tools and techniques of land -planning architecture and
engineering to obtain the best land use plan for that property. It is difficult
to know at this point, and it is only speculation as to what type of products
FEBRUARY 21, 2012 PAGE 9 CITY COUNCIL
might occur there. It is probably safe to say it would not be single-family
homes, probably more small lot homes such as townhomes or
condominiums and it may not be 200 units. 200 units were approved
above the Target project which is the Brookfield project known as the
Vantage Townhomes and only 180 were built. The 180 were built in two
concepts, one a condominium concept where 10 units were combined in
one building for 10 total buildings along with about 80 single family homes
on small lots. It is difficult to judge what the market will guide a developer,
architect and land planner to create. It is likely to include private streets
outside of the public access point to the development and to the public
park. It is likely to be a gated community which has been in vogue for
many years and certainly in DB. Furthermore, the Planning Commission
and City Council will play a role in the development approval that will
come forward from the buyer of the property from the school district.
C/Herrera commented that this matter has been discussed for a number of
years and goes back to the early 1990's when she served as a member of
the Board of Trustees of WVUSD. WVUSD has attempted to dispose of
their surplus property since that time. The City Council has held
numerous public hearings and received a lot of input. She said she
considered high density to be 400-500 units and for this to be restricted to
200 units she considers is not a high density project. WVUSD has a right
to develop its property as the property owner and she does not believe it is
in the best interest of the public to mandate that the school district leave
the property as is. School districts are in dire need of funding for
education and parents in DB are constantly fundraising to add to the
programs that are in the schools. She is pleased that the City is finally at
this point and when appropriate would like to make a motion accordingly.
C/Tye asked staff if there had ever been any consideration of a hotel on
Site D.
CM/DeStefano responded that he does not recall that a hotel was ever
proposed for Site D. There may have been one when the SR 57 was
looked at as more of a business person's hotel route, but it would have
had to have been 15 -years ago or more. Hotels have been proposed off
of Brea Canyon Road/SR 60 and on the former Honda property and over
near the K -mart property but did not recall one on this property.
C/Tye said folks in the area that were not really interested in commercial
but might have been persuaded if anyone would have proposed a hotel
would have caused residents to go ballistic about that idea — several
stories and 200 rooms is silly.
Did the Council ever hear anything about a big box store generating
$100,000 or $600,000 or sales tax a year on Site D?
FEBRUARY 21, 2012 PAGE 10 CITY COUNCIL
CM/DeStefano responded that in better times about 15 years ago Home
Depot was looking for locations up and down the SR 57 and looked at that
site; however, ultimately chose not to build at that site for a variety of
reasons, not the least of which was the substantial grading necessary to
provide a flat pad that would have to be bigger than the target pad. When
the City was discussing what might work at that location, there was talk
about a grocery store; however, there is no possibility of a store that would
generate $500-600,000 a year in sales tax revenue. There is a lot of
traffic and trips to a grocery store, but very little sales tax revenue relative
to the amount of the traffic and trips. CM/DeStefano stated that this is a
compromise which he believes will work for the neighborhood. He
realizes there are people who would rather have nothing built except a
park on the site but the resources are not there. The School District is not
going to build a park and they are not going to build another school there.
At the time, it was either going to be South Point at that location or South
Point where it currently resides. Now that South Point has been built, the
School District has surplus property. The School District is the owner of
that property however they came by it — by gift or by purchase, it is their
property and they have determined that it is surplus property and that it is
in the best interest of the School District to make use of every asset they
have and this is an asset to them. He believed that some of the things
discussed this evening were not relative to the issue and wanted to make
it clear that while he realizes people want it left the way it is and want the
trees to remain, the trees may go but in a year, two, five or ten the trees
that are replaced will be a benefit to the community just as the homes will
benefit the community.
MPT/Tanaka said he was also opposed to high density units and someone
spoke about low-income units, neither of which is proposed for this
development. Over the years and throughout the many public hearings a
good compromise has been reached by listening to the residents and now
is the time to move forward.
C/Everett asked staff to clarify the density issue and the single access
issue.
CM/DeStefano responded that the City Council's direction to staff a little
more than a year ago was to work on an overall proposal and the
entitlements that go with that proposal for a project that was comprised of
a maximum of 200 dwelling units on this site and that is what the City staff
has brought back to the City Council. The actual type, style, design of
those 200 or less homes will be the result of the price, the seller's
architectural design team and also the public review by the Planning
Commission and/or the City Council. He said he could not speculate on
the size, type, density of the development because those are unknowns at
this time. A creative developer will look at the possibilities and possibly
propose a couple of different types of developments on the property.
FEBRUARY 21, 2012 PAGE 11
CITY COUNCIL
There may be a higher density on a portion and a lower density on
another portion. However, a public process, public noticing, public
decision-making on the developer's proposal will occur when that proposal
comes forward to the City.
C/Everett asked if there was something about high and low density in
some of the documents the Council is being asked to vote on or is it open
ended at 200 units plus the process.
CM/DeStefano reiterated that Council's direction to staff was to look at a
maximum 200 dwelling units and that is what staff has recommended in
the documents before the Council this evening. CM/DeStefano further
stated that the single access is not a problem with respect to public safety
and is also a component that is subject to detailed design review through
the public process at the Planning Commission and/or City Council level.
The City Council and residents will have another opportunity to look at the
details incorporating the density, type, location, public park area as well as
on-site circulation and how it affects the offsite pattern. 200 homes is not
a problem for the public safety personnel to respond to.
M/Chang said that in December 2010 the City determined what is in the
best interest of the entire City and what would benefit the entire
community including the School District. She stated that she has spent a
number of hours researching this issue and her conclusion is the same as
it was in 2010. This plan eliminates much needed goods and services not
only in the south end but in the entire City and eliminating potential long-
term revenue streams that could go into the City's General Fund. The
Website www.schooladvisors.com as well as a consulting firm, has a
document that talks about generating revenue through asset management
planning for school districts. In dire economic times like this school
districts are dependent on the state and the state is not doing well so all
parties need to come up with creative ways to generate revenue.
Personally, she would not want to be dependent on the state for funding
now or in the future. This document states that "the general rule is that
sales revenues from district surplus property can only be used for capital
outlays; however, lease revenues can always be used for general fund
purposes with no restrictions so leasing property rather than selling it can
be an equally attractive option. In addition, leasing surplus property
assures the district that the property will remain in district ownership
providing flexibility to accommodate future economic turns". She prefers
to see sustainable impacts rather than short term capital outlays. She
again suggested that the City Council look into property evaluation
comparisons for each of the plans which she has not seen and said that
would be her motion.
Motion died for lack of a second.
FEBRUARY 21, 2012 PAGE 12 CITY COUNCIL
C/Herrera moved, C/Everett seconded, to Adopt Resolution No. 2012-07
Certifying the Environmental Impact Report (SCH No. 2008021014) and
approving the Mitigation Reporting and Monitoring Program and Adopting
Findings of Fact for the January 2012 Site D Specific Plan for "Site D"
comprised of approximately 30.36 acres located at the Southeast corner
of Brea Canyon Road and Diamond Bar Boulevard, Diamond Bar,
California (Assessor's Parcel Numbers 8714-002-90, 8714-002-901, 8714-
002-902, 8714-002-903 and 8714-015-001; 2) Adopt Resolution No. 2012-
08; Approving General Plan Amendment No. 2007-03 to change the
existing Land Use Designations from Public Facility (PF) and General
Commercial (C) to Specific Plan (SP); 3) Approve for First Reading by
Title Only, Waiving Full Reading of Ordinance No. 01 (2012) Approving
Zone Change No. 2007-04 changing existing Zoning on Site D to Specific
Plan (SP); 4) Approve for First Reading by Title only, Waiving Full reading
of Ordinance No. 02 (2012) Approving the January 2012 Site D Specific
Plan (Specific Plan No. 2007-01; and 5) Approve for First Reading by
Title Only, Waiving Full reading of Ordinance No. 03 (2012): Approving
Development Agreement No. 2012-01, with corrections and additions as
stated by CDD/Gubman and detailed by CA/Jenkins; and, direct the City
Manager to take any further actions to effectuate the Specific Plan.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Everett, Herrera, Tye,
MPT/Tanaka
NOES: COUNCIL MEMBERS: M/Chang
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL CONSIDERATION:
8.1 ADOPT RESOLUTION NO. 2012-09: AMENDING THE FY 2011-12
MUNICIPAL BUDGET.
CM/DeStefano explained that most of the adjustments are the result of the
ongoing library construction project.
FD/Honeywell presented staff's report and stated that after the mid -year
corrections the City remains balanced and the General Fund balance
reserves are projected to be just over $17.2 million at June 30, 2012. The
City has seen a slight increase in most revenues, a positive indicator of an
improving local economy. Most of the increase to the General Fund
revenues in the mid -year report is due to the increase in the expected
reimbursement from the County of Los Angeles for library construction,
furniture and fixtures and construction management. There is a
corresponding increase in General Fund expenditures for the Civic Center
project. The City has continued to control expenditures in light of a slight
improvement in the local economy. Expenditures budgeted for the
General Fund operations for 2011-12 are down slightly from the 2010-11
FEBRUARY 21, 2012 PAGE 13 CITY COUNCIL
budgeted General Fund Expenditures while service levels throughout the
City remain at the same level as in previous fiscal years. As in previous
years, the General Fund is subsidizing the three Landscape and Lighting
Assessment Districts in the amount of approximately $114,000 for this
fiscal year which includes a $40,000 adjustment in this mid -year report.
C/Tye commented that the law enforcement budget (Page 2) has been
reduced by $264,973 due to the fact that Los Angeles County's liability
trust fund was super funded and as a result, the City is not required to pay
into that fund this fiscal year. This was a direct result of the City's
involvement with Contract Cities to make certain that cities would not have
to continue contributing to something that had more than enough funds.
Contract Cities is more powerful with 80 plus voices than DB would have
been as a single voice.
C/Everett asked if the total subsidy for the LLD's was $114,000.
FD/Honeywell responded that it was in fact, the total subsidy for this fiscal
year.
C/Everett said he had a significant concern about the City continuing to
fund the LLAD's. Exhibit A on Page 17 addressed the 38, 39 and 41
LLAD's and what troubles him is the narrative that the City anticipates
deficits in each of the districts. He felt it was not appropriate for the City to
continue growing the deficit and offered the suggestion that the footnote
be changed to clarify that the City is in a deficit situation already and that
the City is "continuing to anticipate deficits in the LLADs.
C/Herrera moved, C/Tye seconded to Adopt Resolution No. 2012-09:
Amending the FY 2011-2012 Municipal Budget. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Everett, Herrera, Tye,
MPT/Tanaka, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8.2 CITY COUNCIL APPOINTMENT OF 2012 PLANNING, PARKS AND
RECREATION, AND TRAFFIC AND TRANSPORTATION
COMMISSIONS.
CM/DeStefano reported that this matter was posted in the usual manner to
determine whether there were any interested parties in the community
who might wish to apply to serve on one of the three Commissions. The
application time period concluded on Wednesday, February 15 at 5:30
p.m. and there were only two known interested parties.
FEBRUARY 21, 2012 PAGE 14 CITY COUNCIL
C/Herrera moved, C/Everett seconded, to ratify the following list of
appointees by City Council. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Mayor Chang:
Everett, Herrera, Tye,
MPT/Tanaka, M/Chang
None
None
Dave Roberto — Parks and Recreation Commission (Reappointment)
Ted Carrera — Traffic and Transportation Commission (Reappointment)
Tony Torng — Planning Commission (Reappointment)
Mayor Pro Tem Jack Tanaka:
Ted Owens — Parks and Recreation Commission (Reappointment)
Kenneth Mok — Traffic and Transportation Commission (Reappointment)
Frank Farago — Planning Commission (New Appointment)
Council Member Ron Everett:
Dave Grundy — Parks and Recreation Commission (Reappointment)
Liana Pincher — Traffic and Transportation Commission (Reappointment)
Steve Nelson — Planning Commission (Reappointment)
Council Member Carol Herrera:
Benny Liang — Parks and Recreation Commission (Reappointment)
Kevin House — Traffic and Transportation Commission (Reappointment)
Jack Shah — Planning Commission (Reappointment)
Council Member Steve Tye:
Lew Herndon — Parks and Recreation Commission (Reappointment)
Jen (Fred) Mahlke—Traffic and Transportation Commission
(Reappointment)
Jimmy Lin — Planning Commission (Reappointment)
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Everett stated that on Wednesday, February 8 he attended the Regional
Chamber Luncheon which included a presentation on the regional economic
outlook for 2012 by Cynthia Kurtz of the San Gabriel Valley Economic
Partnership. He attended the telephonic WCCA meeting which included a
vigorous discussion about SCAG Regional Transportation Plan and the Draft
EIR. He talked about the Diamond Bar Pageant fundraiser on Sunday, March 4
FEBRUARY 21, 2012 PAGE 15 CITY COUNCIL
and the pageant on March 18. He thanked residents for attending the City Hall
open house.
C/Tye spoke about a report aired by KTLA Channel 5 regarding DRHS and the
safety of the high school. Two things are very important — public safety and
children and their safety. The KTLA report was certainly different than what
Superintendent Richard Martinez and the School District understood the report
would be. Superintendent Martinez addressed issues directly and addressed the
Panther Pride Association directly. He also at a regularly scheduled meeting with
parents at Lorbeer Middle School. The report indicated that the school would not
withstand an 8.0 earthquake. C/Tye said he was certain that his home would not
withstand an 8.0 earthquake and that he believed the school was very well
constructed and as a result of the controversy, Superintendent Martinez has
taken it upon himself to bring in a structural engineer to look at the entire facility
and his assurance to C/Tye was that Superintendent Martinez would not hesitate
to red -tag any building that needs it. There was a school in the district that had a
tree fall on one of the buildings during a recent windstorm. That building was red
tagged and no chances will be taken with any kids and their safety. He felt the
report was very disappointing and appreciated the opportunity to say "this is what
you heard and these are the facts". He hoped that residents would participate in
the 4th Annual Spotlight on the Arts at Mt. SAC. There is just not a better
opportunity in this area to experience firsthand the talented young people of
DRHS and DBHS and Pacific Crest. He challenged the Council to participate in
the March 3 WVUSD 5K Run/Walk.
MPT/Tanaka reported on his attendance at the DB Senior Citizens Valentine's
Day Dinner -Dance; the telephonic WCCA meeting; DBHS 30th Anniversary; LA
County Jr. Fair Board Advisory Committee meeting; and, the Miss Diamond Bar
Fashion Show. He reminded everyone that the next event will be a car wash on
Sunday, March 4 at Der Wienerschnitzel. He thanked staff and everyone who
attended tonight's City Hall open house and asked that tonight's meeting be
adjourned in memory of Tom Ortiz, former City Commissioner and long-time DB
resident.
C/Herrera thanked staff for the great open house. She felt residents who
attended were thrilled to see the new DB City Hall, many of whom complimented
the City on taking advantage of such a wonderful purchase. One resident asked
why there were no Council Chambers and she commented it would have cost an
additional $2 million to equip a room with adequate Council Chamber space,
seating, cameras, technicians, etc. and with the AQMD Auditorium availability it
would have been repetitive. In addition, a Council Chamber would have
eliminated the new County Public Library on the first floor. Council felt that the
library was far more important than having Council Chambers and the resident
agreed. C/Herrera said she understood the Park `n Ride facilities were quite
crowded throughout DB and there is really no space for additional Park 'n Ride
facilities. Residents park in neighborhoods, residents complain and cars are
towed because residents do not like cars parked on the streets. People who take
FEBRUARY 21, 2012 PAGE 16 CITY COUNCIL
public transportation park in some of the shopping centers and parking center
owners try to toss them out and give them tickets. Residents are finding it very
difficult to find places to park. She is the Council representative on Foothill
Transit and there is a potential for an opportunity to have Foothill Transit
construct, at their expense, a parking structure at the north end of Diamond Bar
Boulevard. It is possible that Caltrans will permit this new structure to
accommodate 500 vehicles and as this situation develops she will come to the
Council and to the residents to talk more about this matter. She is pleased this
has the potential to happen without any additional expense to the City and
residents of DB.
M/Chang reiterated that residents can follow her on Twitter, Facebook and
Foursquare. She thanked staff and residents for putting their faith in the City
government. This is your City Hall and she looks forward to the actual dedication
when the library is completed. It was a successful open house today and she is
very excited about the library. She was very sorry to hear about Tom Ortiz's
passing that when she was running for Council she and Tom Ortiz would have
conversations about City government and that he would be missed.
ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
Regular City Council Meeting at 8:58 p.m. in memory of Tom Ortiz.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2012.
LING -LING CHANG, MAYOR
CITY OF DIAMOND BAR Agenda No. 6.2
MINUTES OF THE PARKS & RECREATION COMMISSION
CITY HALL CONFERENCE ROOM B
DIAMOND BAR, CA 91765
NOVEMBER 17, 2011
CALL TO ORDER:
Chairman Roberto called the Parks and Recreation Commission meeting to order at
7:02 p.m. in the Diamond Bar City Hall Conference Room B, 21825 Copley Drive,
Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Chair Roberto led the Pledge of Allegiance.
ROLL CALL:
Present: Commissioners Dave Grundy, Ted Owens, Vice
Chairman Lew Herndon and Chairman Dave Roberto.
Absent: Commissioner Benny Liang was excused.
Staff Present: Bob Rose, Community Services Director; Anthony
Jordan, Parks and Maintenance Superintendent and
Crystal Knox, Community Services Coordinator.
MATTERS FROM THE AUDIENCE: None
CALENDAR OF EVENTS: As presented in the agenda.
C/Owens asked if there was an open house planned for the new City Hall. CSD/Rose
responded not at this time. It will not be scheduled until the library is completed about
the last quarter of 2012.
1. CONSENT CALENDAR:
1.1 Approval of Minutes for the October 27, 2011 Regular Meeting.
C/Grundy moved, C/Owens seconded, to approve the October 27, 2011
Meeting Minutes as corrected. Without objection, the motion was so
ordered with C/Liang being absent.
2. INFORMATIONAL ITEMS
2.1 Recreation Program Update — CSC/Knox
2.1.1 PowerPoint presentation — Picnic Reservations 2009/10 and
2010/11 — CSC/Knox
NOVEMBER 17, 2011 PAGE 2 P&R COMMISSION
C/Grundy asked if the City provided insurance and CSC/Knox
responded yes. They can provide a Certificate of Insurance via
their Homeowners Insurance. Vendors can provide the coverage
or they can purchase insurance from the City.
Chair Roberto asked about the events scheduled. CSC/Knox
responded that most park rentals are for birthday parties and family
picnics.
C/Grundy asked if the non-resident reservations had a negative
impact on the resident reservations. CSC/Knox and CSD/Rose said
they did not believe so.
C/Owens asked if there was a difference in the resident and non-
resident fees. CSC/Knox reiterated that the resident fees are $25
and the non-resident fees are $50.
VC/Herndon asked what percentage staff would guess were return
reservations. CSC/Knox guessed it would be about 25%.
VC/Herndon asked if renters generally do a good job cleaning up
after their events. CSC/Knox responded affirmatively. Since they
pay a refundable deposit, most individuals are eager to get that
money back.
C/Owens asked if the City furnished trash bags. CSC/Knox said the
City offers trash bags but most people bring their own.
VC/Herndon asked if anyone had looked at whether the City was
recovering costs. CSD/Rose responded no, the City does not cover
its expenses. This is because there is a staff member overseeing
the parks and when staff discussed the matter with the City
Council, Council Members were not interested in raising the fees.
C/Grundy asked for an explanation of staff time. CSD/Rose
explained that facilities attendants work seven days a week.
During the week their hours are from 4:00 to 10:00 p.m. and on
weekends their hours are from 8:00 a.m. until 10:00 p.m. These
staff members inspect athletic fields, check to see who has picnic
reservations and, in general, keep an eye on what goes on in the
parks. On weekends these staff members drive around the City to
make sure that lights are on and working, whether street lights are
out, whether lights in the bus shelters are working and check the
general condition of the parks. Because of all of the issues that
have been resolved due to a pro -active presence, administration
believes the staff time has ultimately benefited the City.
C/Grundy asked how long the facilities -use program has been in
NOVEMBER 17, 2011 PAGE 3 P&R COMNUSSION
effect and CSD/Rose responded about five years
VC/Herndon asked how many staff members are present at any
one time and CSD/Rose responded one.
Chair/Roberto asked what the user has to prove that they have a
reservation. CSC/Knox responded that the City gives the renter a
permit, copies of which are placed on site. In addition, the field
attendant has a copy of the permit to make sure they are set up.
CSD/Rose shared that when he first started, Sycamore Canyon
Park was the most popular park. However, as the City built new tot
lots, the picnic use has increased at other parks. After the new tot
lot was constructed at Sycamore, it has returned as the most
popular park for picnics.
2.2 Parks Report — PMS/Jordan
2.2.1 Power Point presentation and discussion on Peterson Park
W alkth rough
VC/Herndon asked if the batting cages were being well used.
PMS/Jordan responded that although he did not personally observe
their use during his working hours, by the appearance of the batting
cages, they seem to be getting a lot of use.
2.3 Status of CIP Projects — CSD/Rose
2.3.1 Washington Park — CSD/Rose reported that construction of the
park commenced November 7 and is scheduled to take about six
and a half months to complete, including the landscaping
establishment period.
2.3.2 Silver Tip Mini -Park — CSD/Rose stated that construction is under
way.
2.3.3 Sycamore Canyon Park Trail — Phase IV — CSD/Rose indicated
that this project is under construction and scheduled to take three
months to complete. The resident who has the easement that goes
from Rio Lobos into the trail area has agreed to allow access.
2.3.4 Parks Master Plan Update — Transmittal of hard copy
2.3.5 Design of Longview South and Stardust Mini Parks — CSD/Rose
reported that staff is beginning the design process for the two
parks. The City has now secured ownership of the properties via
legal means. Longview South will be the first property improved
during the upcoming fiscal year and Stardust Park will be improved
NOVEMBER 17, 2011 PAGE 4 P&R COMMISSION
3.
a
in the next fiscal year. The design will include new tot lots, new
park benches, rubberized surfacing, new drinking fountains as well
as, ADA accessible walk -ways as recommended in the Parks
Master Plan. Since there is not a lot of funding available for
construction of these parks, there are picnic shelters that will be
installed in the future as potential improvements. The design
concepts will be brought to the Commission in the next couple of
months before construction begins.
CSD/Rose responded to Commissioners that construction of the
new City Hall is being monitored on a daily basis and the project is
on time. Construction is scheduled to be completed in about two
weeks, at which time furniture will be moved in (starting about
December 12) with staff moving to the new location by December
29.
OLD BUSINESS: None
NEW BUSINESS: December 2011 Commission Meeting.
VC/Herndon moved, C/Owens seconded, to cancel the December 2011 Parks
and Recreation Commission meeting. Without objection, the motion was so
ordered with C/Liang being absent.
CSD/Rose stated that the meeting place for the January Commission meeting
will be announced.
5. ANNOUNCEMENTS:
C/Grundy spoke about the very productive year and how staff has been
successful in keeping the City's parks beautiful and getting other projects
underway. He wished everyone a great holiday season.
C/Owens attended the Veterans program and was impressed with the program.
Staff did a wonderful job and the South Point Orchestra was very impressive.
VC/Herndon attended the Diamond Bar Community Foundation Gala. He said
he was getting more involved with the Foundation which has started a fund to
raise money toward construction of a sports park. As the Master Plan indicates,
a self-sufficient sports facility is probably not in the works; however, it is his goal
to establish a committee with the sports groups to work with the foundation on its
fundraising. As recommended in the Master Plan, the foundation was
recommended to raise funds toward alleviating the sports facilities shortage in
the City and he is excited about working toward a solution. He stated that he is
working with the foundation as an individual and not as a Parks and Recreation
Commissioner.
Chair/Roberto congratulated staff on their work during the year. He attended the
NOVEMBER 17, 2011 PAGE 5 P&R COMMISSION
D134 -Youth Dance which was well attended and received. This is a great
program, the kids have a good time and he believes that parents feel comfortable
that their kids are safe and out of trouble. He wished everyone Happy Holidays.
ADJOURNMENT: VC/Herndon moved, C/Owens seconded, to adjourn the
meeting. With no further business before the Parks & Recreation Commission,
Chair/Roberto adjourned the meeting at 8:09 p.m.
The foregoing minutes are hereby approved this 23 day of February 2012.
Respectfully,Zpbmitted,
CRETARY
Attest:
DAVE ROBERTO, CHAIRMAN
Agenda No. 6.3(a)
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING
NOVEMBER 10, 2011
CALL TO ORDER:
Chair Pincher called the meeting to order at 7:00 p.m. in the Diamond Bar City Hall,
Conference Room B, 21825 Copley Drive, Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Chair Pincher led the Pledge of Allegiance.
ROLL CALL: Commissioners Jen "Fred" Mahlke, Kenneth Mok,
Vice -Chair Ted Carrera and Chair Liana Pincher
Absent: Commissioner Kevin House was excused.
Also Present: Rick Yee, Senior Civil Engineer and Kimberly
Young, Associate Engineer
Chair/Pincher acknowledged civics class students from Diamond Bar High School
1. APPROVAL OF MINUTES:
A. Minutes of the October 13, 2011 regular meeting.
C/Mahlke moved, C/Mok seconded, to approve the minutes of October 13,
2011, as amended. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Mahlke, Mok, VC/Carrera,
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS:Chair/Pincher
ABSENT: COMMISSIONERS: House
IL PUBLIC COMMENTS: None
III. ITEMS FROM STAFF:
A. Traffic Enforcement Updates
To provided at next Commission meeting
' IV. OLD BUSINESS: -None
V. NEW BUSINESS: None
NOVEMBER 10, 2011 PAGE 2 T&T COMMISSION
VI. STATUS OF PREVIOUS ACTION ITEMS: None -
VII. ITEMS FROM COMMISSIONERS:
SE/Yee responded to C/Mok's concern about traffic circulation on Evergreen Springs
Drive and Pathfinder Road. With respect to vehicles dropping off students in the "No
Stopping Zone" on Evergreen Springs Drive, as well as the "No Parking Zone" on the
other side of Evergreen Springs Drive, SE/Yee stated that staff and the City's traffic
sergeant field -checked the conditions during school pick-up and drop-off periods.
The conclusion is that it is an enforcement issue. The current signage is adequate to
enforce against the violations that are occurring. However, during discussions with
the traffic sergeant, staff felt it would be a good idea to be pro -active and
communicate this matter to the school and pass on information to the students and
their parents. A communication was prepared by the assistant principal and was sent
out as an e-mail blast to advise parents that the City is observing violations on
Evergreen Springs Drive and that students and parents are advised that they need to
obey the traffic laws which will be strictly enforced by the Sheriffs Department.
C/Mok asked how long staff and the sergeant were present and whether the sergeant
was in uniform. He also asked how many infractions were observed. SE/Yee stated
that AE/Malpica-Perez was present and that the officer was in full uniform.'Thetraffic
sergeant observed several infractions and while he pulled over the first violator and
proceeded to issue a citation, other drivers came through and did the same thing
while he was busy writing the first ticket. It is an enforcement issue and involves
education and communication with the students and parents. Short of closing access
to the school property, staff will most likely continueworking with the Sheriff's
Department to continue monitoring and enforcing the location. C/Mok asked about
the location being referred to. SENee responded that he was talking about the gate
at the driveway.
C/Mok asked if the slurry seal project was completed and AE/Young responded that
the project is not yet completed. The slurry is completed; however, there are striping
punch list items the contractor needs to address as well as a few more manholes that
need to be adjusted_ The contractor hopes to have the project completed by the end
of the month.
VC/Carrera welcomed the DBHS students to tonight's meeting.
VIII. INFORMATIONAL ITEMS:
A. Traffic Signal Battery Backup System Project — SE/Yee stated that the
contractor has completed the installation at 10 locations. Staff finished testing
the locations last week. One unit needs work and staff anticipates completing
the punch list for this project next week and going to Council with a notice of
completion by early December.
NOVEMBER 10, 2011 PAGE 3 T&T COMMISSION
B. Brea Canyon Cut-Off @ SB SR-57 Off-Ramp- Traffic Signal Project —
SE/Yee reported that this project is complete and at next Tuesday's City
Council meeting, staff will request filing of the notice of completion. Caltrans
will operate and maintain the signal.
VC/Carrera asked how long it has been from the time it was proposed to the
time of installation and operation. He also asked what the City's input was into
the proposal of the streetlight (Item B) and if the City or Caltrans proposed the
location of the signal. AE/Young responded that it is her understanding that it
had been several years. VC/Carrera stated that anytime there is something
related to Caltrans that is badly needed in the community, it takes years to get
something done. Chair/Pincher said she had served on the Commission for
10 years and remembers it was one of the first items discussed. SE/Yee said
it was early 2000 when the matter first cameforward.
C. Diamond Bar Boulevard Raised Median Project — SE/Yee indicated that
bids were opened on Monday. This project involves reducing the width of the
southbound left turn pocket and median on Diamond Bar Boulevard at Clear
Creek Lane. This is intended to improve line of sight for vehicles making left
turns from Diamond Bar Boulevard onto Clear Creek Lane. A total of five bids
were received and the apparent low bid was submitted by LSC Construction in
the amount of $25,831. The City Engineer's estimate for the project was
$30,000. Staff expects to award the contract at the December 6th City Council
meeting.
D. Golden Springs Elementary Parking Lot Improvement— SE/Yee reported
that he received an update from the school district regarding their plans. The
district anticipates distribution of a response letter as a follow up to the
September 27th neighborhood meeting circulated next week with a final shortly
thereafter. The letter will go out to the surrounding residents within a 500 foot
radius of the school as well as, parents who have students at the school.
Chair/Pincher asked if the Commissioners and staff would be notified. SE/Yee
responded that staff would be notified and staff's intent is to provide updates to
the Commissioners. C/Mahlke shared that a new school board was installed
last night which may change the process.
C/Mok said it sounded like the school district might push forward with the
parking lot project. He asked howmuchimpact the City has on the
ingress/egress signage: SENee responded that the City has significant
impact because if there are potential conflicts with circulation on the City's
roadways, the City can require the school district to restrict certain movements.
For example, staff has asked the school district to restrict left turn movements
out of the driveways and the district is conforming to that restriction. C/Mok
asked about restricting ingress and SE/Yee said he is not sure it is necessary
and may be counterproductive. , With vehicles coming in fromtheGolden
Springs/Ballena intersection towards the school, prohibiting left turns in would
create other complications in terms of circulation. C/Mok said he could picture
NOVEMBER 10, 2011 PAGE 4 T&T COMMISSION
that but also pictured drivers making a right into the driveway and opposite
traffic making a left turn into the driveway at the same time. C/Mahlke
reminded the Commissioners that part of the discussion during the planning
period was whether the long parking lot was going to allow traffic to go in on
both sides. There have been several discussions about this at the school level
and when it was presented to the public, the considerationwas whether they
would run one long loop (entering from Ballena Drive, moving through the
entire parking lot and exiting onto the street) or having options of entrances
and exits on both sides which would make a significant difference on the left
and right turn depending on how that is formatted. Part of the selling point was
that they could alternate that accessibility at -will, which of course could affect
the signage: The City would then have to figure out how to appropriately sign
the area. SE/Yee stated that the traffic study estimates a two-thirds/one-third
split between the two sides of the driveway, one off of El Encino Drive and one
off of Ballena Drive.` If he remembers correctly, he believes there are actually
two driveways off of each street which would allow for greater flexibility in the
circulation plan. VC/Carrera hoped that the school' district would go with a set
plan because variations would add to the confusion. C/Mahlke said that what
was presented is not necessarily what the district will approve. The district
specifically said that this was the initial plan and that they wanted the City's
approval on the plan and then they would talk to the community.
i
E. NTMP — Decorah, Briar Creek and Willow Creek Neighborhoods - SE/Yee
reported that this project is complete. There are some administrative contract
issues to finish so that staff can go to Council with the notice of completion in
early December.
F. Lemon Avenue On/Off-Ramps Project-AE/Young stated that staffwas very
pleased to receive word that Caltrans is gearing up to approve staffs request
for authorization to proceed with the right-of-way phase of the project which is
expected to come to the City the first week of December. Once staff receives
the E-76, it can give Caltrans authorization to begin utility relocation. This is -
required since the utility relocation and partial acquisition are being funded with
federal funds. The actual partial takes (private property acquisitions) will not
begin until March 2012 due to the large backlog Caltrans has on other private
property acquisitions for other projects.
G. Residential Area 7/Arterial Zone 5 Road Maintenance Project-AE/Young
reported that the contractor is working on the final punch list items, which has
to do with the manhole adjustments and striping. Staff anticipates completion
by end of the month.
H. CDBG Curb Ramp Project (FY 2011-2012) AE/Young indicated that on {
October 18t' the City Council awarded the design and construction contract
for this project to Infrastructure Engineers for a contract amount of $30,830.
Staff anticipates construction will commence in March 2012, with curb ramps
installed in the area of Chaparral Middle School and Maple Hill Elementary
School. There are approximately 70 ramps that are targeted to be installed;
NOVEMBER 10 2011 PAGE 5 T&T COMMISSION
however, the designer will take a closer look to see if the project can be scaled
back or include more ramps installations.
1. SCAG East-West Freight, Corridor Proposal —SENee reported that on
November 3`d, there was a joint meeting of the SCAG Policy Committee and
SCAG Regional Council. A nearly unanimous vote was cast to distribute the
draft 2012 Regional Transportation Plan. Unfortunately, the draft plan
included the very narrow scope of a corridor along the SR-60.As previously
discussed, D.B. has been actively lobbying to broaden the scope of the freight
corridor to include the 210, 10 and 91 freeways. Staff anticipates that SCAG
will be releasing the RTP documents for formal public comment and review in
early December.' In the meantime, staff will coordinate with the other SR -60
corridor cities that have expressed concerns about the proposed route to see if
a coalition can be formed to further the cause to push for; expanding the scope
of the corridor.
IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda with
corrections.
ADJOURNMENT: There being no further business to come before the Traffic and
Transportation Commission, Chair/Pincher adjourned the meeting at 7:23 p.m. to January
12, 2012
The foregoing minutes are hereby approved this I� day of J��/+"', 2012.
Respectfully,
Da G.ISecretary
Attest:
Chair Liana' Pincher
Agenda No. 6.3(b)
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING
JANUARY 12, 2012
CALL TO ORDER:
Chairman Pincher called the meeting to order at 7:02 p.m. in the South Coast Air Quality
Management District Conference Room CC -2, 21865 Copley Drive, Diamond Bar, California
91765.
PLEDGE OF ALLEGIANCE
ROLL CALL:
Also Present:
None
Commissioners Kevin House, Jen "Fred" Mahlke,
Kenneth Mok, Vice Chair Ted Carrera and Chair
Liana Pincher
David Liu, Public Works Director; Rick Yee, Senior
Civil Engineer; Kimberly Young, Associate
Engineer; Christian Malpica, Associate Engineer
(Traffic), and Marcy Hilario, Administrative
Coordinator.
I. APPROVAL OF MINUTES:
A. Minutes of the November 10, 2011 regular meeting.
Chair/Pincher called forthe question to approve the minutes of November 10,
2011 as corrected. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Mahlke, Mok, VC/Carrera,
Chair/Pincher
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: House
ABSENT: COMMISSIONERS: None
II. PUBLIC COMMENTS: None Offered
III. ITEMS FROM STAFF:
A. Received and Filed Traffic Enforcement Updates for:
1. Citations: October, November and December 2011
2. Collisions: October, November and December 2011
3. Street Sweeping: October, November and December 2011
Chair/Pincher noted that street sweeping enforcement activities appear to be lower due to
vacations in December and January which are major street sweeping months. PWD/Liu said
he would discuss the matter with the Sheriff's Department. Chair/Pincher asked if staff
JANUARY 12, 2012 PAGE 2 T&T COMMISSION
could let residents know that if they allow their bushes to grow out into the street area that it
will impede the street sweeping services.
IV. OLD BUSINESS: None
V. NEW BUSINESS: None
VI. STATUS OF PREVIOUS ACTION ITEMS: None
VII. ITEMS FROM COMMISSIONERS:
C/House shared that he noticed the signal at Brea Canyon Road and the SR -60
seems to be working more efficiently now. C/House said he contacted staff to let
them know that the street sweeper was not coming down his street. The problem
appears to have been rectified.
VIII. INFORMATIONAL ITEMS:
A. Traffic Signal Battery Backup System Project — AE/Malpica stated that staff
has finished testing the 11 locations and expects to go to Council with a notice
of completion in February.
B. Tin Drive and Bridle Drive Striping Improvement —AE/Malpica shared that a
speeding complaint was received about vehicles crossing DBB onto Tin Drive.
Some drivers were not yielding to drivers making a left turn at Bridle Drive and
Farber Drive. City's traffic consultant investigated the area of concern. As a
result, it was recommended to install a four (4) inch solid white right edge -line
to give the drivers the illusion of the street narrowing. This causes the drivers
to be less inclined to speed.
C. Median Modification — Diamond Bar Boulevard/Clear Creek Canyon Drive —
AE/Malpica stated that a pre -construction meeting is scheduled for Monday,
February 13, 2012. Staff will be inviting all the affected companies to attend
the meeting to discuss any corners with their utility lines. This project will
improve the line of sight for vehicles making left turns from Diamond Bar
Boulevard onto Clear Creek Canyon Drive by narrowing the median and
shifting the left turn pocket to alignment. This will enable vehicles to have a
better view of oncoming traffic.
D. Silver Fir Road and Windwood Drive Stop Sign — AE/Malpica reported that a
pedestrian crossing concern came from a resident about vehicles turning right
onto Windwood Drive from Silver Fir Road. The resident stated that vehicles
did not come to a complete stop allowing pedestrians to cross safely. After
review of the situation, it was determined that while a crosswalk is not
warranted at this location, a stop sign is recommended for installation. The
City will therefore be installing a stop sign and pavement legend during the
week of January 23`d;
JANUARY 12, 2012 PAGE 3 T&T COMMISSION
E. Golden Springs Elementary Parking Lot Improvement—SE/Yee reported that
PUSD notified staff that approval was received from the Division of the State
Architect and two other agencies that regulate education facility improvements.
The School Site Council is in favor of the proposed improvements and the
goal is to begin construction in Summer, 2012. The District will be sending a
status letter to the surrounding community and the parents of the school next
week.
F. "The Rock" Move — SE/Yee shared the L.A. County Museum of Art is
arranging for the transportation of a 340 ton rock from a quarry in Riverside to
L.A. The transportation will be on a customized trailer with enough axles to
spread the load and avoid impacts to roadways. The transportation route
includes traveling through Diamond Bar roadways and we are currently
working with the hauler and our consultant to perform a load analysis to
determine any potential impacts. It is a large undertaking that will involve
adjustment of traffic signal arms and closure of lanes during the nighttime haul.
City staff is currently crafting permit conditions and is requiring a $75,000
bond. Tentative schedule for the move is March, 2012.
G. Diamond Canyon Parking Issue — SE/Yee reported that in December, a
petition was sentto the Traffic and Transportation Commission requesting the
elimination of parking on Diamond Canyon Road. Staff has field checked the
parking situation and determined that there may be aneed to consider parking
modifications. Notifications will need to be sent to the Diamond Canyon
Community and other affected persons inviting them to submit their comments
in writing or in person. This item will be ready for consideration at the
Commission's February meeting.
H. U.S. Post Office Parking Lot (Diamond Bar Boulevard/Montefino Avenue) _
SE/Yee.said that it was brought to the attention of staff that the parking lot
striping and circulation had been changed at the U.S. Post Office on Diamond
Bar Boulevard. Staff has been attempting to reach the Branch Manager to
discuss and understand the purpose of the changes and to determine if there
are any suggestions that can be made to improve some of the confusion that
has been occurring from patrons that are not accustomed to the new
circulation pattern.
1. - Lemon Avenue On/Off-Ramps Project AE/Young reported that the
Authorization of Proceed is still pending with the State. Once received, Right
of Way Activities can begin which are expected to take up to 18 months.
J. Residential Area 1/Arterial Zone'6 Road Maintenance Project — AE/Young
reported that contract for design was awarded to Onward Engineering for
design and construction in the amount of $83,750. Award of construction
contract is anticipated for April/May and construction is anticipated to take
about 45 -days.
JANUARY 12, 2012 PAGE 4
T&T COMMISSION
K. CDBG Curb Ramp Project (FY 2011-2012) — AE/Young stated that the plans
and specs are being finalized for transmittal to CDC for review before going
out to bid.The engineer's estimate for this project is $195,000 for 82 curb
ramps in the vicinity of Maple Hill Elementary and Chaparral Middle Schools,
L. Chino Hills Parkway/Chino Avenue Street Rehabilitation Project — AE/Young
indicated that this is being funded by STPL funds and as a result, the Request
for Authorization was sent to the state in December for review. The engineer's
estimate for this project is $706,000. PWD/Liu explained that Chino Hills
Parkway was constructed in 1988-1989:
M. Caltrans Slope Repair— Golden Springs Drive—AE/Young reported that since
2010 staff has been working with the State to get the slope repaired.
Currently, the area is coveredinplastic and has been a huge eyesore for the
community. However, next week construction will begin to repair the slope.
The contract was awarded to Peterson -Chase General Engineering
Construction, Inc. The slope will be mitigated, stabilized and hydro -seeded.
During construction hours of 8:00 a.m. to 4:30 p.m., the #2 lane on Golden
Springs along the slope will be closed: C/Mahlke stated it would be advisable
to delay start of construction to 8:30 a.m. to allow kids to walk to school
because there are no crossing guards to help the kids cross Golden Springs
Drive. In addition, she asked if staff could let the schools know about the l
project. AE/Young' said staff would get a letter' out to the schools and
residences in the area next week.
N. SCAG East-West Freight Corridor Proposal -PWD/Liu reported on the status
of this proposed project. The Draft EIR was released on December 28th and
comments are allowed for 55 days from the date of release. DB attempted to
get SCAG to look at other alternatives; however, nothing has changed from
SCAG's original proposal. Since staff has had an opportunity to review the
document; we discovered that a list of projects has been identified and the
project is proposed to be built in three segments. It has a price tag of $15
billion'. Staff will respond to the EIR and determine the interest of the
participating' communities to continue opposing the project.
O. New City Hall — 21810 Copley Drive—PWD/Liu reported on the status of the
New City Hall. Staff is very happy with the new facility. The library facility is
expected to be completed in June/July and there will be an open house
announced at the appropriate time. It is likely that the Commission will be
meeting at the new facility next month and only the City Council will continue to
use the`SCAQMD Auditorium for meetings.
VC/Carrera asked if there were plans for the old library facility and PWD/Liu
responded no, that no decision had been made. However, there was some
discussion that the location might possibly be used to expand the existing fire
station.
JANUARY 12, 2012 PAGE 5 T&T COMMISSION
IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda
ADJOURNMENT: There being no further business to come before the Traffic and
Transportation Commission, Chair/Pincher adjourned the meeting at 8:26 p.m.
The foregoing minutes are hereby approved this day of2012.
Respectfully,
Da ' G. Liu, Secretary
Attest:
Cfiairman Liana Pincher
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 6. 4
Meeting Date: March 6, 2012
AGENDA REPORT
FROM: James DeStefano, City Ma a
TITLE: Ratification of Check Register d ted February 16, 2012 through February
29, 2012 totaling $ 1,398,523.73.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,398,523.73 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated February 16, 2012 through
February 29, 2012 for $ 1,398,523.73 is being presented for ratification. All payments
have been made in compliance with the City's purchasing policies and procedures.
Payments have been reviewed and approved by the appropriate departmental staff and
the attached Affidavit affirms that the check register has been audited and deemed
accurate by the Finance Director.
WE �
Luisa Fua
Accounting Technician
REVIEWED BY
Finance Director
Attachments: Affidavit and Check Register— 02/16/12 through 02/29/12.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated February 16, 2012 through February 29, 2012 has been audited
and is certified as accurate. Payments have been allowed from the following funds in
these amounts:
Description
Amount
General Fund
$1,071,157.14
Com Org Support Fund
$300.00
Prop A - Transit Fund
$26,416.74
Prop C - Transit Tax Fund
$9,090.95
Integrated Waste Mgt Fund
$7,482.64
AB2766 - Air Qlty Mgt Fund
$1,080.26
Com Dev Block Grand Fund
$7,140.00
LLAD 38 Fund
$7,214.25
LLAD 39 Fund
$2,827.04
LLAD 41 Fund
$1,155.54
Capital Imp Projects Fund
$213,008.80
Computer Eq Repl Fund
$51,650.37
$1,398,523.73
Signed:
Dianna Honeywell
Finance Director
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct#
Amount
Total CheckAmount
2/16/2012
12 -PP 04
PAYROLLTRANSFER
P/R TRANSFER-12/PP 04
001
10200
163,504.25
$173,843.24
2/16/2012
97985
PAYROLLTRANSFER
P/R TRANSFER-12/PP 04
112
10200
4,191.69
$749.07
2/16/2012
PAYROLLTRANSFER
P/R TRANSFER-12/PP 04
113
10200
4,605.95
2/16/2012
PAYROLLTRANSFER
P/R TRANSFER-12/PP 04
115
10200
1,541.35
2/16/2012
97975
ALL CITY MANAGEMENT SERVICES
CROSSING GUARD SVCS -JAN
0014411
45410
5,679.96
5111757.12
2/16/2012
1
ALL CITY MANAGEMENT SERVICES
CROSSING GUARD SVCS -JAN
0014411
45410
6,077.16
2/16/2012 1 97976 AMERITECH BUSINESS SYSTEMS INC COPIER MAINT-DEC/JAN 0014090 1 42100 1 983.09 $983.09
2/16/2012 1 97977 AND 1 OFFICIALS OFFICIAL SVCS -JAN 2012 0015350 1 45300 1 924.00 $924.00
2/16/2012
97978
ARROWHEAD
EQ RENTAL -DBC
0015333
42130
11.95
$54.69
2/16/2012
1
ARROWHEAD
WATER SUPPLIES -DBC
0015333
41200
42.74
2/16/2012 1 97979 AUTOMATIC STOREFRONT SVCS EQ -CITY HALL 0014093 1 46220 1 387.01 $387.01
2/16/2012 1 97980 BENESYST 2/17/12-P/R DEDUCTIONS 001 21105 1 741.67 $741.67
2/16/2012 1 97981 BENESYST FLEXADMIN SVCS -HJR 0014060 1 42346 1 100.00 $100.00
2/16/2012 1 97982 NUBIA BLANCO FACILITY REFUND -DBC 1 001 1 23002 1 700.00 $700.00
2/16/2012
97983
BONTERRA CONSULTING INC.
ADMIN FEES -FPL 02-65
001
23010
198.14
$1,738.66
2/16/2012
BONTERRA CONSULTING INC.
ADMIN FEES -FPL 02-65
001
34430
-198.14
2/16/2012
97985
BONTERRA CONSULTING INC.
ADMIN FEE -FPL 02-09
001
23010
114.81
$749.07
2/16/2012
BONTERRA CONSULTING INC.
ADMIN FEE -FPL 02-09
001
34430
-114.81
2/16/2012
BONTERRA CONSULTING INC.
PROF.SVCS-FPL 02-65
001
23010
1,100.80
2/16/2012
BONTERRA CONSULTING INC.
PROF.SVCS-FPL 02-09
001
23010
637.86
2/16/2012 1
97984
GERI BOWEN
RECREATION REFUND
001
34780 1
110.00
$110.00
2/16/2012 1
97985
BSN SPORTS CORP
EQ -YOUTH BASKETBALL
0015350
1 41200 1
749.07
$749.07
2/16/2012 1 97986 ARLENE BUGARIN FACILITY REFUND -DBC 001 1 23002 1 100.00 $100.00
Page 1
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct#
Amount
Total Check Amount
2/16/2012
2/16/2012
97987
CACONSTRUCTION
CACONSTRUCTION
RETENTION PAYABLE
PK IMPROVE-SILVERTIP
25020300
2505310
46415
-2,227.44
22,274.36
$20,046.92
2/16/2012 1 97988 ITYRA CABALLERO RECREATION REFUND 001 34780 22.00 $22.00
2/16/2012
97989
CALIFORNIA COMMERCIAL LIGHTING SPPL
SUPPLIES -HERITAGE
0015340
42210
81.57
$1,030.42
2/16/2012
CALIFORNIA COMMERCIAL LIGHTING SPPL
SUPPLIES -HERITAGE
0015340
42210
156.60
2/16/2012
97991
CALIFORNIA COMMERCIAL LIGHTING SPPL
SUPPIES-PETERSON/PANTERA
0015340
42210
579.10
$45.00
2/16/2012
CALIFORNIA COMMERCIAL LIGHTING SPPL
SUPPLIES -DBC
0015333
41200
213.15
2/16/2012 1
97990
CALIFORNIA POLITICAL WEEK
PUBLICATIONS-C/CLERK
0014030
1 42320 1
75.00
$75.00
2/16/2012
CDW GOVERNMENT
COMP EQUIP- HARDWARE
5304070
46230
23,290.36
2/16/2012
97991
TED A CARRERA
T & T COMM -JAN 12
0015510
44100
45.00
$45.00
2/16/2012
97992
CDW GOVERNMENT
COMP EQ MAINT-HARDWARE
0014070
42125
141.35
$51,791.72
2/16/2012
CDW GOVERNMENT
COMP EQUIP- HARDWARE
5304070
46230
23,290.36
2/16/2012
CDW GOVERNMENT
COMP EQUIP- HARDWARE
5304070
46230
1,106.69
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
786.24
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
1,754.97
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
5,850.85
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
2,039.07
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
7,109.00
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
212.07
2/16/2012
CDW GOVERNMENT
COMP EQUIP- HARDWARE
5304070
46230
1,137.79
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
58A1
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
2,956.13
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
2,420.06
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
352.89
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
1,564.04
2/16/2012
CDW GOVERNMENT
COMP EQUIP- HARDWARE
5304070
46230
698.61
2/16/2012
CDW GOVERNMENT
COMP EQUIP- HARDWARE
5304070
46230
64.43
2/16/2012
CDW GOVERNMENT
COMP EQUIP - HARDWARE
5304070
46230
248.76
2/16/2012 97993 HONG CHEN FACILITY REFUND -DBC 001 1 23002 200.00 $200.00
Page 2
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
2/16/2012
1 97994 JCROSSTOWN
ELECTRICAL & DATA INC
TMS RELOCATION -CITY HALL 1
1135510
1 46412
1 3,680.001
$3,680.00
2/16/2012
97995
DAVID EVANS AND ASSOCIATES INC
PROF.SVCS-FPL 2010-408
001
2301014.84
45.00
$14.84
2/16/2012
1
DAVID EVANS AND ASSOCIATES INC
ADMIN FEE -FPL 2010-408
001
23010
2.67
2/16/2012
97997
DAVID EVANS AND ASSOCIATES INC
ADMIN FEE -FPL 2010-408
001
34430
-2.67
$96.00
2/16/2012
97996
DAVID J. GRUNDV
P & R COMM -JAN 12
0015350
1 44100 1
45.00
$45.00
2/16/2012
1
CAROL DENNIS
PROF.SVCS-P & R MTG
0015310
44000
100.00
2/16/2012
97997
DAY LITE MAINTENANCE CO INC
MONTHLY MAINT-CITYHALL
0014093
42210
96.00
$96.00
2/16/2012
97998
CAROL DENNIS
PROF.SVCS-T & T MTG
0015510
44000
150.00$250.00
$16,601.00
2/16/2012
1
CAROL DENNIS
PROF.SVCS-P & R MTG
0015310
44000
100.00
2/16/2012 1 97999 DEPARTMENT OF JUSTICE FINGERPRINT SVCS-H/R0014060 1 42345 1 96.00 $96.00
2/16/2012
98000
DH MAINTENANCE -
MONTHLY MAI NT -DBC
0015333
45300
2,407.83
$16,601.00
2/16/2012
1
DH MAINTENANCE -
MONTHLY MAI NT -PARKS
0015340
42210
735.17
2/16/2012
98003
DH MAINTENANCE
ADDL MAINT STAFF -DBC
0015333
45300
9,843.00
$2,848.49
2/16/2012
DH MAINTENANCE
MONTHLY MAI NT -CITY HALL
0014093
45300
3,250.00
2/16/2012
98007
DH MAINTENANCE
ADDL MAINT-DBC JAN 12
0015333
45300
365.00
$41,447.20
2/16/2012
98001
DIAMOND BAR MOBIL
FUEL -JAN 2012
0015310
42310
191.14
$224.33
2/16/2012
1
DIAMOND BAR MOBIL
VEH MAINT-DBC
0015333
42200
33.19
2/16/2012 1
98002
DIANA CHO&ASSOCIATES
CONSULTANT SVCS-CDBG
1255215
1 44000 1
2,640.00
$2,640.00
2/16/2012
DIVERSIFIED PRINTERS
PRINT SVCS -CITY NEWS FEB
0014095
1
44000
3,155.00
2/16/2012 1
98003
IDISKEEPER CORPORATION
COMP MAINT-I.T
1 0014070
1 42205 1
2,848.49
$2,848.49
2/16/2012
98004
DIVERSIFIED PRINTERS
PRINT SVCS -CITY NEWS JAN
0014095
44000
3,155.00
$6,310.00
2/16/2012
DIVERSIFIED PRINTERS
PRINT SVCS -CITY NEWS FEB
0014095
1
44000
3,155.00
2/16/2012 1
98005
ED BUTTS FORD
EQ MAINT-COMM SVCS
1 0015310
1 42200 1
546.68
$546.68
2/16/2012 1
98006
EMERALD LANDSCAPE SERVICES INC
LANDSCAPE MAINT-CITY HALL
0014093
1 45300 1
816.00
$816.00
2/16/2012 1
98007
ENVIRONMENTAL IMPACTSCIENCES
CONSULTING SVCS -SITE D
0014096
1 44000 1
41,447.20
$41,447.20
Page 3
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date -
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total CheckAmount
2/16/2012
98008
EVERGREEN INTERIORS
PLANTS -CITY HALL
0014090
42210
195.75
$532.75
2/16/2012
-
EVERGREEN INTERIORS
PLANT MAINT-CITY HALL
0014090
42210
230.00
$418.69
2/16/2012
EVERGREEN INTERIORS
PLANT MAINT-LIBRARY
0014090
42210
107.00
2/16/2012
98009
FEDEX
EXPRESS MAIL -GENERAL
0014090
42120
152.02
$152.02
2/16/2012
HALL & FOREMAN, INC.
PROESVCS-EN 07-598
001
23012
603.75
2/16/2012
98010
FOOTHILL BUILDING MATERIALS INC
SANDBAGS-EOC
0014440
1 41200 1
18.69
$418.69
2/16/2012
98011
HALL& FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
420.00
$5,000.29
2/16/2012
HALL & FOREMAN, INC.
PROESVCS-EN 07-598
001
23012
603.75
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-598
001
23012
108.68
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-598
001
34650
-108.68
2/16/2012
HALL & FOREMAN, INC.
PROF.SVCS-EN 08-605
001
23012
327.92
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 08-605
001
23012
59.03
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 08-605
001
34650
-59.03
2/16/2012
HALL & FOREMAN, INC.
PROF.SVCS-EN 07-560
001
23012
1,110.00
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-560
001
23012
199.80
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-560
001
34650
-199.80
2/16/2012
HALL & FOREMAN, INC.
PROFSVCS-EN 09-646
001
23012
402.50
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 09-646
001
23012
72.45
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 09-646
001
34650
-72.45
2/16/2012
HALL & FOREMAN, INC.
PROF.SVCS-EN 07-555
001
23012
230.00
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-555
001
23012
41.40
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 07-555
001
34650
-41.40
2/16/2012
HALL & FOREMAN, INC.
PROF.SVCS-EN 11-722
001
23012
82.17
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 11-722
001
23012
14.79
2/16/2012
HALL & FOREMAN, INC.
ADMIN FEE -EN 11-722
001
34650
-14.79
2/16/2012
HALL & FOREMAN, INC.
PROF.SVCS-ST IMPROVEMNT
0015551
R45223
476.25
2/16/2012
HALL & FOREMAN, INC.
PROF.SVCS-INSPECTION
0015510
45227
164.87
2/16/2012
HALL & FOREMAN, INC.
PROF.SVCS-INSPECTION
0015510
45227
122.25
2/16/2012
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
115.14
2/16/2012
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
600.00
2/16/2012
HALL & FOREMAN, INC.
PROF.SVCS-PLAN CHECK
0015551
45223
345.44
2/16/2012 1 98012 HARDY & HARPER INC IRETENTION PAYABLE 250 20300 1 2,686.70 $2,686.70
Page 4
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date (Check Numbe
Vendor Name
Fund/ Dept I Acct# I Amount I Total Check Amount
2/16/2012
98013
HARRIS &ASSOCIATES
TRAIL DESIGN-PANTERA PK
2505310
1 46415 1
7,010.00
57,010.00
2/16/2012
SHIHHAO HSIEH
FACILITY CHARGES -DBC
001
36615
-79.50
2/16/2012
98014
LEW HERNDON
P & R COMM -JAN 12
0015350
1 44100 1
45.00
,;. $45.00
2/16/2012
LEIGHTON &ASSOCIATES, INC.
PROF.SVCS-EN 11-727
001
23012
428.60
2/16/2012 1
98015
KEVIN HOUSE
T &T COMM -JAN 12
0015510
44100
45.00
$45.00
2/16/2012
98016
SHIHHAO HSIEH
FACILITY REFUND -DBC
001
23002
500.00
$420.50
2/16/2012
SHIHHAO HSIEH
FACILITY CHARGES -DBC
001
36615
-79.50
2/16/2012
98017
KENS HARDWARE
SUPPLIES -CITY HALL
001409342210
34780
18.32
$268.55
2/16/2012
KENS HARDWARE
SUPPLIES -SNOW FEST
0015350
41200
65.18
2/16/2012
98024
KENS HARDWARE
SUPPLIES -PARKS
0015340
41200
185.05
$187.13
2/16/2012 1 98018 CONNIE KIM RECREATION REFUND 001 1 34780 1 254.00 5254.00
2/16/2012
98019
JANE KIM
RECREATION REFUND
001
34780
50.00
$55.00
2/16/2012
JANE KIM
RECREATION REFUND
001
34780
5.00
2/16/2012 98020 ROBIN KIM FACILITY REFUND -OBC 1 001 1 23002 1 350.00 $350.00
2/16/2012
98021
KOACORPORATION
TRFFC MGMT SVCS -DEC
11850911
44030
1,080.26
$4,755.26
2/16/2012
IKOACORPORATION
TRFFC MGMT SVCS-DB/GRAND
2505510
1
46411
3,675.00
2/16/2012 98022 JENNIFER KOLBOW RECREATION REFUND 001 34780 1 84.00 584.00
2/16/2012 1
98023
LANCE, SOLL & LUNGHARD LLP
AUDIT SVCS -FINANCE
0014050
1 44010 1
2,376.00
$2,376.00
2/1612012
LEIGHTON &ASSOCIATES, INC.
ADMIN FEE -EN 11-727
001
23012
102.15
2/1612012
98024
LANDS' END BUSINESS OUTFITTERS
SUPPLIES -CITY HALL
0014093
1 41200 1
187.13
$187.13
2/16/2012
98025
LEIGHTON &ASSOCIATES, INC.
PROF.SVCS-EN 11-727
001
23012
567.50
$5,832.96
2/1612012
LEIGHTON &ASSOCIATES, INC.
ADMIN FEE -EN 11-727
001
23012
102.15
2/16/2012
LEIGHTON &ASSOCIATES, INC.
ADMIN FEE -EN 11-727
001
34650
-102.15
2/16/2012
LEIGHTON &ASSOCIATES, INC.
PROF.SVCS-EN 11-727
001
23012
428.60
2/16/2012
LEIGHTON &ASSOCIATES, INC.
ADMIN FEE -EN 11-727
001
23012
77.15
2/16/2012
LEIGHTON &ASSOCIATES, INC.
ADMIN FEE -EN 11-727
001
34650
-77.15
Page 5
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct#
Amount
Total Check Amount
2/16/2012
98025...
LEIGHTON &ASSOCIATES, INC.
PROF.SVCS-EN 09-641
001
23012
333.86
$5,832.96 ...
2/16/2012
98029
LEIGHTON &ASSOCIATES, INC.
ADMIN FEE -EN 09-641
001
23012
60.09
$40.00
2/16/2012
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE -EN 09-641
001
34650
-60.09
2/16/2012
98035
LEIGHTON &ASSOCIATES, INC.
PROF.SVCS-EN 11-744
001
23012
1,046.00
$157.30
2/16/2012
LEIGHTON &ASSOCIATES, INC.
ADMIN FEE -EN 11-744
001
23012
188.28
2/16/2012
LEIGHTON &ASSOCIATES, INC.
ADMIN FEE -EN 11-744
001
34650
-188.28
2/16/2012
LEIGHTON &ASSOCIATES, INC.
PROF.SVCS-EN 07-560 -
001
23012
396.00
2/16/2012
LEIGHTON &ASSOCIATES, INC.
ADMIN FEE -EN 07-560
001
23012
71.28
2/16/2012
LEIGHTON &ASSOCIATES, INC.
ADMIN FEE -EN 07-560
001
34650
-71.28
2/16/2012
LEIGHTON &ASSOCIATES, INC.
GEOTECH SVCS-SYC CYN
2505310
46415
3,061.00
2/16/2012 1 98026 LIANA PINCHER T & T COMM -JAN 12 0015510 1 44100 1 45.00 545.00
2/16/2012 1 98027 BENNY LIANG P & R COMM -JAN 12 0015350 1 44100 1 45.00 $45.00
2/16/2012 1
98028
RUTH LOPEZ
RECREATION REFUND
001
34780 1
89.00
$89.00
2/1 612 0 1 2
LOS ANGELES COUNTY MTA
CITY SUBSIDY -FEB 2012
1125553
45533
1
968.85
2/16/2012 1
98029
LOS ANGELES COUNTY DEPT OF P/HEALTH
FEES -BACKFLOW TEST
1 0015340
1 42210 1
40.00
$40.00
2/16/2012
98030
LOS ANGELES COUNTY MTA
MTA PASSES -FEB 2012
1125553
45535
3,331.65
$4,300.50
2/1 612 0 1 2
LOS ANGELES COUNTY MTA
CITY SUBSIDY -FEB 2012
1125553
45533
1
968.85
2/16/2012 1 98031 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -JAN 2012 0014411 1 45401 1 421,099.53 $421,099.53
2/16/2012 1 98032 LOS ANGELES TIMES PUBLICATIONS RENEWAL 0014090 1 42320 1 405.00 $405.00
2/16/2012 1
98033
MAGICCARPET
FURNITURE -CITY HALL
0014093
1 46220 1
1,188.00
$1,188.00
2/16/2012
MCE CORPORATION
VEGETATION CONTROL -JAN
0015558
45508
703.39
2/16/2012 1
98034
JENNIFER LYNN MAHLKE
T & T COMM -JAN 12
0015510
1 44100 1
45.00
$45.00
2/16/2012 1
98035
MANAGED HEALTH NETWORK
FEB 2012 -EAP PREMIUMS
001
21115 1
157.30
$157.30
2/16/2012
98036
MCE CORPORATION
VEGETATION CONTROL -JAN
0015558
45508
9,258.37
$9,961.76
2/16/2012
MCE CORPORATION
VEGETATION CONTROL -JAN
0015558
45508
703.39
2/16/2012 1 98037 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -JAN 1 1155515 1 44000 1 718.23 $718.23
Page 6
Date (Check
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Vendor Name
Transaction Description I Fund/ Dept ( Acct# I Amount I Total Check Amount
2/16/2012 1
98038
MISS DIAMOND BAR PAGEANT INC
LUNCHEON -COUNCILS
0014010
1 42325 1
90.00
$90.00
2/16/2012
MULTIVISTA LA
PHOTO DOC -CITY HALL
0014093
45000
500.00
2/16/2012 1
98039
MOBILE RELAYASSOCIATES INC
REPEATER SVCS -FEB 12
1 0014440
1 42130 1
78.75
$78.75
2/16/2012
MULTIVISTALA
PHOTO DOC -LIBRARY
0014093
45000
875.00
2/16/2012 1
98040
KENNETH MOK
T & T COMM -JAN 12
1 0015510
1 44100 1
45.00
$45.00
2/16/2012
98041
MULTIVISTA LA
SETUP FEE -CITY HALL
0014093
4 5000
500.00
$3,250.00
2/16/2012
MULTIVISTA LA
PHOTO DOC -CITY HALL
0014093
45000
500.00
2/16/2012
MULTIVISTA LA
PHOTO DOC -CITY HALL
0014093
45000
500.00
2/16/2012
MULTIVISTALA
PHOTO DOC -LIBRARY
0014093
45000
875.00
2/16/2012
MULTIVISTA LA
PHOTO DOC -LIBRARY
0014093
45000
875.00
2/16/2012 1 98042 INPELRA MEMBERSHIP DUES-DOYLE 1 0014030 1 42315 1 175.00 $175.00
2/16/2012
98043
ORKIN PEST CONTROL INC
RODENT CONTROL-SYC CYN
0015340
42210
66.06
$129.43
2/16/2012
ORKIN PEST CONTROL INC
RODENT CONTROL-B/CYN
1385538
45500
63.37
2/16/2012 1 98044 TED OWENS P & R COMM -JAN 12 1 0015350 1 44100 1 45.00 545.00
2/16/2012 1 98045 PACIFIC TELEMANAGEMENT SERVICES PAY PHONE SVCS -PARKS MAR 1 0015340 1 42125 1 495.84 $495.84
2/16/2012 1 98046 MAGALY PADILLA FACILITY REFUND -DBC 001 36615 1 500.00 $500.00
2/16/2012 1 98047 PASCO DOORS MAINT-DBC 1 0015333 1 42210 1 1,146.69 $1,146.69
2/16/2012
98048
PERS HEALTH
MAR 12 -HEALTH INS PREM
001
21105
36,786.69
$37,613.75
2/16/2012
PERS HEALTH
MAR 12 -HEALTH INS PREMS
0014090
40086
672.00
2/16/2012
PERS HEALTH
MAR 12 -HEALTH INS PREMS
0014060
40093
155.06
2/16/2012
98049
PERS RETIREMENT
SURVIVOR BENEFIT
001
211098.00
46.50
$211.66
2/16/2012
PERS RETIREMENT
RETIRE CONTRIB-EE
001
21109
203.66
2/16/2012
98050
PERS RETIREMENT FUND
SURVIVOR BENEFIT
001
21109
46.50
$11,559.40
2/16/2012
PERS RETIREMENT FUND
RETIRE CONTRIB-EE
001
21109
11,512.90
2/16/2012 1 98051 IPROTECTION ONE INC ALARM SVCS-SYC CYN 0015340 1 42210 31.50 $31.50
Page 7
Check Date (Check
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Vendor Name
Transaction Description I Fund/ Dept I AW # I Amount I Total Check Amount
2/16/2012
98052
PUBLIC STORAGE #23051
STORAGE RENTAL42153
0014090
42140
272.00
$1,088.00
2/16/2012
1
PUBLIC STORAGE #23051
STORAGE RENTAL -#2145
0014090
42140
272.00
2/16/2012
98054
PUBLIC STORAGE #23051
STORAGE RENTAL -#2145
0014090
42140
- 272.00
$300.00
2/16/2012
PUBLIC STORAGE #23051
STORAGE RENTAL -#2153
0014090
42140
272.00
2/16/2012 1
98053
R F DICKSON COMPANY INC
IST SWEEPING SVCS -JAN
0015554
45501 1
16,585.68
$16,585.68
2/16/2012
1
REGIONAL TAP SERVICE CENTER
CITY SUBSIDY -JAN 2012
1125553
45533
1
3,349.41
2/16/2012
98054
REGIONAL CHAMBER OF COMMERCE
TABLE SPONSOR -MAYORS PRYR
0114010
42355
300.00
$300.00
2/16/2012
98055
REGIONAL TAP SERVICE CENTER
TAP PASSES -JAN 2012
1125553
45535
13,397.64
$16,747.05
2/16/2012
1
REGIONAL TAP SERVICE CENTER
CITY SUBSIDY -JAN 2012
1125553
45533
1
3,349.41
2/16/2012 1 98056 REGISTRAR-RECORDER/COUNTY CLERK ENVRNMNTL FILING -SITED 0014096 1 44000 1 2,994.001 $2,994.00
2/16/2012
98057
REPUBLIC ITS INC
TRFFC SIGNAL MAINT-DBB
0015554
45507
1,115.00
$8,065.00
2/16/2012
1
REPUBLIC ITS INC
TRFFC SIGNAL MAINT-B/CYN
0015554
45507
220.00
2/16/2012
98061
REPUBLIC ITS INC
TRFFC SIGNAL MAINT-B/CYN
0015554
45507
2,755.00
$18.00
2/16/2012
REPUBLIC ITS INC
TRFFC SIGNAL MAINT-GRAND
0015554
45507
3,975.00
2/16/2012
98058
RKA CONSULTING GROUP
PROESVCS-INSPECTION
2505310
46415
300.00
$450,00
2/16/2012
1
RKA CONSULTING GROUP
PROF.SVCS-INSPECTION
2505310
1 46415
150.00
2/16/2012 98059 DAVIDA ROBERTO P & R COMM -JAN 12 0015350 44100 45.00 $45.00
2/16/2012 1
98060
RTC MEMORIAL MARKERS INC
TILES -DBC
0015333
1 42210 1
151.55
$151.55
2/16/2012
1
SIMPSON ADVERTISING INC
PRINT SVCS -CALENDARS
0014095
44000
9,477.56
2/16/2012 1
98061
SCMAF
SUPPLIES -RECREATION
0015350
1 41200 1
18.00
$18.00
2/16/2012 1
98062
SECTRAN SECURITY INC.
COURIER SVCS-NOV 2011
0014090
1 44000 1
308.46
$308.46
2/16/2012
98063
SIMPSON ADVERTISING INC
DESIGN SVCS -CALENDAR
0014095
44000
9,655.00
$19,132.56
2/16/2012
1
SIMPSON ADVERTISING INC
PRINT SVCS -CALENDARS
0014095
44000
9,477.56
2/16/2012
98064
SJC 3 CONSULTING
HIP CONSULTANT -DEC 11
1255215
44000
2,475.00
$4,500.00
2/16/2012
1
SJC 3 CONSULTING
HIP CONSULTANT -JAN 12
1255215
44000
1
2,025.00
Page 8
City of Diamond Sar - Check Register 02/16/2012 thru 02/29/2012
Check Date
Check NumberVendor
Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
2/16/2012
1 98065
SO COAST AIR QUALITY MGT DISTRICT
PERMITS -CITY HALL
1 0014093
1 42210
1 169.49
$169.49
2/16/2012 1
98066
SO COASTAIR QUALITY MGT DISTRICT
OPERATING FEE -FY 11/12
1 0015333
1 45300 1
303.56
$303.56
2/16/2012
1
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
451.05
2/16/2012 1
98067
SO COASTAIR QUALITY MGT DISTRICT
EMISSIONS FEE -FY 11/12
1 0015333
1 45300 1
112.851
$112.85
2/16/2012
98068
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
310.24
$15,067.64
2/16/2012
1
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
451.05
2/16/2012
98073
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
2,345.20
$203.96
2/16/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
776.47
2/16/2012
98074
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
158.81
$4,960.42
2/16/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DBC
0015333
42126
4,027.21
2/16/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -CITY HALL
0014093
42126
6,954.84
2/16/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
21.91
2/16/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 41
1415541
42126
21.91
2/16/2012
98069
SPARKLETTS
EQ RENTAL-SYC CYN
0015340
42130
12.00
$33.39
2/16/2012
1
SPARKLETTS
WATER SUPPLIES-SYC CYN
0015340
41200
21.39
2/16/2012 1 98070 GLENN STEINBRINK CONSULTANT SVCS -1/31-2/10 0014050 1 44000 1 3,200.00 $3,200.00
2/16/2012
98071
SUSTAINABLE ENVIRONMENTAL MNGMT COM
CONSULTANT SVCS-NOV
1155515
44000
1 2,557.50
$3,437.50
2/16/2012
SUSTAI NABLE ENVIRONMENTAL MNGMT COM
CONSULTANT SVCS -JAN 12
1155515
44000
1
880.00
2/16/2012
98072
TELEPACIFG COMMUNICATIONS
T1 INTERNET SVCS -FEB 12
0014070
1 44030 1
817.78
$817.78
2/16/2012
TRANE SERVICE GROUP INC
SUPPLIES -KEY PADS
0014093
41200
434.83
2/16/2012 1
98073
THE SAN GABRIEL VALLEY NEWSPAPER OR
LEGALAD CDBG CURB RAMP
1 0015510
1 42115 1
203.96
$203.96
2/16/2012 1
98074
THE SAUCE CREATIVE SERVICES
PROMO ITEMS -CITY B/DAY
0015350
1 42353 1
41960.42
$4,960.42
2/16/2012
98075
TRANE SERVICE GROUP INC
SUPPLIES -KEY PADS
0014093
42210803.84
$21,164.45
2/16/2012
TRANE SERVICE GROUP INC
SUPPLIES -KEY PADS
0014093
41200
434.83
2/16/2012
TRANE SERVICE GROUP INC
INSTALL -COMP EQ
0014093
42210
19,925.78
2/16/2012 1 98076 TRI -CITIES POOL SERVICE & REPAIR FOUNTAIN MAINT-DBC JAN 0015333 1 45300 1 160,001 $160.00
Page 9
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date
Check Number
Vendor Name
Transaction Description.
Fund/ Dept
Acct#
Amount
Total Check Amount
2/16/2012
2/16/2012
98077
US BANK NATIONAL ASSOCIATION
US BANK NATIONAL ASSOCIATION
RETENTIONS PAYABLE -SULLY
RETENTIONS PAYABLE -SULLY
250
250
20300
20300
105,452.36
1 53,179.53
$158,631.89
2/16/2012 98078 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICALS 0014060 1 42345 1 238.00 $238.00
2/16/2012
98079
VALLEY CREST LANDSCAPE MAINT INC
LANDSCAPE MAINTDBC0015333
001
45300
5,645.47
$30,249.58
2/16/2012
1
VALLEY CREST LANDSCAPE MAINT INC
LANDSCAPE MAINT-PARKS
0015340
45300
24,604.11
2/16/2012 1 98080 VALLEYTROPHY TROPHIES -RECREATION 0015350 1 41200 1 143.09 $143.09
2/16/2012
98081
VANTAGEPOINTTRNSFRAGNTS-303248
2/17/12-P/R DEDUCTIONS
001
21108
4,783.95
56,366.91
2/16/2012
1
VANTAGEPOINTTRNSFRAGNTS-303248
2117/12 -LOAN DEDUCTIONS
001
21108
1
1,582.96
2/16/2012
98082
VERIZON CALIFORNIA
PH.SVCS-CITY HALL
0014090
42125
96.96
$280.89
2/16/2012
1
VERIZON CALIFORNIA
PH SVCS -INFO TO GO
0014090
42125
1
183.93
2/16/2012
98083
W.W. GRAINGER INC.
SUPPILES-CITY HALL
0014093
41200
13.48
$472.62
2/16/2012
1
W.W. GRAINGER INC.
SUPPLIES -CITY HALL
0014093
41200
167.86
2/16/2012
W.W. GRAINGER INC.
SUPPIES-CITY HALL
0014093
41200
291.28
2/16/2012 98084 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -JAN 12 0015350 1 42140 1 235.20 $235.20
2/16/2012
98085
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 38
1385538
42126591.31
636.00
5991.31
2/16/2012
1
WALNUT VALLEY WATER DISTRICT
ANNL RENT-EASTGATE
0014440
42140
150.00
2/16/2012
WALNUT VALLEY WATER DISTRICT
ELECTRIC POWER-EASTGATE
0014440
42126
250.00
2/16/2012
98086
WARREN SIECKE
TRFFC ENGR SVCS -JAN 12
0015554
44520
636.00
$1,441.00
2/16/2012
1
WARREN SIECKE
TMS RELOCATION -CITY HALL
1135510
46412
1
805.00
2/16/2012
98087
WAXIE SANITARYSUPPLY
SUPPLIES -DBC
0015333
41200
787.96
$1,571.09
2/16/2012
1
WAXIE SANITARY SUPPLY
SUPPLIES -CITY HALL
0014093
42210
163.61
2/16/2012
WAXIE SANITARY SUPPLY
SUPPLIES -CITY HALL
0014093
42210
309.76
2/16/2012
WAXIE SANITARYSUPPLY
SUPPLIES -CITY HALL -
0014093
42210
309.76
2/16/2012
98088
WELLDYNERX
SHARPS SVCS -JAN 2012
1155515
44000
80.80
$145.44
2/16/2012
1
WELLDYNERX
SHARPS SVCS -JAN 2012
1155515 1
44000
64.64
Page 10
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date ICheckNumberl Vendor Name I Transaction Description I Fund/ Dept I Acct# I Amount I Total Check Amount
2/16/2012 1
98089
WEST COAST ARBORISTS INC
TREE MAINT SVCS -JAN 12
0015558
1 45509 1
7,039.40
$7,039.40
2/16/2012
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 10-715
001
23012
66.60
2/16/2012 1
98090
WESTCOASTMEDIA
MONTHLYAD-FEB 12
0014095
42115
700.00
$700.00
2/16/2012
98091
WILLDAN GEOTECHNICAL
PROF.SVCS-EN 10-715
001
23012
370.00
S1 480.00
2/16/2012
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 10-715
001
23012
66.60
2/16/2012
98093
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 10-715
001
34650
-66.60
$141.00
2/16/2012
WILLDAN GEOTECHNICAL
PROF.SVCS-EN 11-751
001
23012
740.00
2/16/2012
98098
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 11-751
001
23012
133.20
$557.40
2/16/2012
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 11-751
001
34650
-13320
2/16/2012
WILLDAN GEOTECHNICAL
PROESVCS-EN 11-740
001
23012
370.00
2/16/2012
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 11-740
001
23012
66.60
2/16/2012
WILLDAN GEOTECHNICAL
ADMIN FEE -EN 11-740
001
34650
-66.60
2/16/2012 1
98092
ANGELAWRIGHT
FACILITY REFUND -DBC
001
23002 1
100.00
$100.00
2/23/2012
ACCESS CONTROL SECURITY
SECURITY SVCS -DBC
0015333
45010
1
922.20
2/16/2012 1
98093
JOYCELYN YAMZON
RECREATION REFUND
1 001
34780
141.00
$141.00
2/23/2012
98094
ACCESS CONTROL SECURITY
SECURITY SVCS -DBC
0015333
45010
318.00
$1,240.20
2/23/2012
ACCESS CONTROL SECURITY
SECURITY SVCS -DBC
0015333
45010
1
922.20
2/23/2012
98095
ACE CONSTRUCTION
RETENTIONS PAYABLE
250
20300
-1,938.59
$17,447.29
2/23/2012
ACE CONSTRUCTION
CONSTRUCTION-SYC CYN TRL
2505310
46415
19,385.88
2/23/2012 1
98096
AIR DESIGN SOLUTIONS
EQ -CITY HALL VAV BOX -
0014093
1 42210 1
24,328.34
$24,328.34
2/23/2012
BONTERRA CONSULTING INC.
ADMIN FEES -FPL 02-09
001
34430
-401.99
2/23/2012 1
98097
CHARLES ANDREU
PKNG CITATION HEARING -FEB
0014411
1 45405 1
70.00
$70.00
2/23/2012 1
98098
JOHN E BISHOP
CONTRACT CLASS -WINTER
0015350
1 45320 1
557.40
$557.40
2/23/2012
98099
BONTERRA CONSULTING INC.
ADMIN FEES -FPL 02-09
001
2301 0
401.99
$2,233.3
2/23/2012
BONTERRA CONSULTING INC.
ADMIN FEES -FPL 02-09
001
34430
-401.99
2/23/2012
BONTERRA CONSULTING INC.
PROF.SVCS-FPL 02-09
001
23010
2,233.30
2/23/2012 1 98100 JFANNE BRENNER FACILITY REFUND-PANTERA 1 001 1 23002 1 150.00 $150.00
Page 11
City of Diamond Bar Check Register 02/16/2012 thru 02/29/2012
Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct# Amount Total Check Amount
2/23/2012
98101
ARLENE BUGARIN
FACILITY REFUND -DBC
001
23002
350.00
$272.50
2/23/2012
1
ARLENE BUGARIN
FACILITY CHRGS-DBC
001
36810
-37.50
2/23/2012
98103
ARLENE BUGARIN
FACILITY CHRGS-DBC
001
36615
-40.00
$1,982.76
2/23/2012
98102
CALIFORNIA COMMERCIAL LIGHTING SPPL
SUPPLIES-BREACYN
1385538
1 42210 1
169.65
$169.65
2/23/2012
1
EXTERMINETICS OF SO CAL INC
PEST CONTROL-PANTERA
0015340
42210
30.00
2/23/2012
98103
COMMUNITY INDUSTRIES
PARKWAY MAINT-JAN 2012
0015558
45503
1,982.76
$1,982.76
2/23/2012 1
98104
JAMES DESTEFANO
REIMB-LEAGUE CONE
0014030
1 42330 1
176.10
5176.10
2/23/2012
1
EXTERMINETICS OF SO CAL INC
PEST CONTROL-PANTERA
0015340
42210
30.00
2/23/2012
98105
ICAROL DENNIS
PROF.SVCS-CNCL MTG 217
0014030
44000
75.001
$75.00
2/23/2012
EXTERMINETICS OF SO CAL INC
RODENT CONTROL -DBC
0015333
45300
40.00
2/23/2012 1
98106
DIAMOND BAR MOBIL
VEH MAINT-POOL VEH
0014090
42200
33.19
$33.19
2/23/2012 1
98107
KE DU
RECREATION REFUND
001
34780 1
67.00
$67.00
2/23/2012
1
EXTERMINETICS OF SO CAL INC
PEST CONTROL-PANTERA
0015340
42210
30.00
2/23/2012 1
98108
GLORIA DUQUITE
RECREATION REFUND
001
34730 1
35.00
$35.00
2/23/2012
EXTERMINETICS OF SO CAL INC
RODENT CONTROL -DBC
0015333
45300
40.00
2/23/2012 1
98109
EDUCATION TO GO
CONTRACT CLASS -WINTER
0015350
j 45320 1
180.00
$180.00
2/23/2012 1
98110
EVERGREEN INTERIORS
PLANTS -CITY HALL
0014090
1 42210 1
609.00
$609.00
2/23/2012
98111
EXTERMINETICS OF SO CAL INC
PEST CONTROL -HERITAGE
0015340
42210
40.00
$235.00
2/23/2012
1
EXTERMINETICS OF SO CAL INC
PEST CONTROL-PANTERA
0015340
42210
30.00
2/23/2012
98115
EXTERMINETICS OF SO CAL INC
PEST CONTROL -DBC
0015333
45300
75.00
$500.00
2/23/2012
EXTERMINETICS OF SO CAL INC
RODENT CONTROL -DBC
0015333
45300
40.00
2/23/2012
EXTERMINETICS OF SO CAL INC
PEST CONTROL-PANTERA
0015340
42210
50.00
2/23/2012
98112
FEDEX
EXPRESS MAIL -GENERAL
0014090
42120
115.80
$145.64
2/23/2012
1
FEDEX
EXPRESS MAIL -FPL 2010-408
001
23010
29.84
1
2/23/2012 1 98113 IGABRIELA FIALLO FACILITY REFUND -HERITAGE 001 1 23002 1 50.00 $50.00
2/23/2012 1
98114
GRAFFITI CONTROL SYSTEMS
GRAFFITI REMOVAL -JAN 2012
0015230
1 45520 1
4,940.00
$4,940.00
2/23/2012 1
98115
ESTRELLA DE GUZMAN
FACILITY CHRGS-DBC
001
1 23002 1
500.00 I
$500.00
Page 12
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
2/23/2012
98117
INLAND EMPIRE STAGES
EXCURSION -CAMELOT
0015350
45310
2,365.00
$3,392.50
2/23/2012
Check Date
Check Number
TRANS -EXCURSION
Vendor Name
45310
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
0014020
44020
54.60
$1,206.00
2/23/2012
JENKINS & HOGIN, LLP
LEGAL SVCS-P/WORKS JAN
0014020
44020
2/23/2012
1 98116
PETER HONG
98121
RECREATION REFUND
001 1
34780 1
89.00
$89.00
2/23/2012
98117
INLAND EMPIRE STAGES
EXCURSION -CAMELOT
0015350
45310
2,365.00
$3,392.50
2/23/2012
1
INLAND EMPIRE STAGES
TRANS -EXCURSION
1125350
45310
1,027.50
2/23/2012
98118
JENKINS & HOGIN, LLP
LEGAL SVCS -JAN 12
0014020
44020
2,202.20
$7,612.40
2/23/2012
1
JENKINS & HOGIN, LLP
LEGAL SVCS -COM DEV JAN
0014020
44020
163.80
2/23/2012
98120
JENKINS & HOGIN, LLP
LEGAL SVCS -COMM SVCS JAN
0014020
44020
54.60
$1,206.00
2/23/2012
JENKINS & HOGIN, LLP
LEGAL SVCS-P/WORKS JAN
0014020
44020
1,221.40
2/23/2012
98121
JENKINS & HOGIN, LLP
LEGAL SVCS -MINI PARKS JAN
0014020
44020
166.60
$300.00
2/23/2012
JENKINS & HOGIN, LLP
LEGAL SVCS -SITE D JAN
0014020
44020
3,803.80
2/23/2012 1
98119
JUDICIAL DATA SYSTEM CORP
PARKING CITE ADMIN -JAN 12
0014411
1 45405
1,02364
$1,023.64
2/23/2012
1
LEAGUE OF CALIFORNIA CITIES
MTG-CMGR/CHANG
0014010
42325
70.00
2/23/2012
98120
GABRIELA KLEIN
CONTRACT CLASS -WINTER
0015350
1 45320
1,206.00
$1,206.00
2/23/2012 1
98121
ELAINE LC LATSCHAR
FACILITY REFUND -HERITAGE
001
23002
300.00
$300.00
2/23/2012
98122
LEAGUE OF CALIFORNIA CITIES
MEMBERSHIP DUES -2012
0014090
42315
16,447.00
$16,587.00
2/23/2012
1
LEAGUE OF CALIFORNIA CITIES
MTG-CMGR/CHANG
0014010
42325
70.00
2/23/2012
LEAGUE OF CALIFORNIA CITIES
MTGS-COUNCIL
0014010
42325
70.00
2/23/2012 1 98123 JIMMY LIN FACILITY REFUND -DBC 001 23002 1 100.00 $100.00
2/23/2012
98124
MARK LOPEZ
FACILITY REFUND-SYC CYN
001
36615
25.00
$75.00
2/23/2012
1
MARK LOPEZ
FACILITY REFUND-SYC CYN
001
23002
50.00
2/23/2012
98125
LOS ANGELES COUNTY MTA
MTA PASSES -JAN 2012
1125553
45535
120.00
$150.00
2/23/2012
1
LOS ANGELES COUNTY MTA
CITY SUBSIDY -JAN 2012
1125553
45533
30.00
2/23/2012
98126
LOS ANGELES COUNTY SHERIFF'S DEPT.
SPECIAL EVENTS -CALVARY
0014411
45402
8,096.83
$8,228.33
2/23/2012
1
LOS ANGELES COUNTY SHERIFF'S DEPT
TRANSIT SALES -DEC 2011
0014411
1 45402
131.50
2/23/2012 1 98127 ICONNIE MARTINEZ - FACILITY REFUND-SYC CYN 001 23002 1 50.00 $50.00
Page 13
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct#
Amount
Total Check Amount
2/23/2012
1 98128
1 DAVID MAX
FACILITY REFUND -DBC
1 001
23002
100.00
$100.00
2/23/2012
98129
MERCURY DISPOSAL SYSTEMS INC
RECYCLING FEES -FEB 12
1155515
44000
701.10
$1,607.80
2/23/2012
MERCURY DISPOSAL SYSTEMS INC
RECYCLING FEES -FEB 2012
1155515
44000
906.70
2/23/2012
98130
MARLENE RAMIREZ MOONEY
CONTRACT CLASS -WINTER
0015350
45320
216.00
$216.00
2/23/2012
REGIONAL CHAMBER OF COMMERCE
CONTRACT SVCS -FEB 12
0014096
1
45000
1,000.00
2/23/2012
98131
NEXTEL COMMUNICATIONS
ArT CHRGS-PNV,C/S,C/D
0014090
1 42125 1
554.39
$554.39
2/23/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
317.97
2/23/2012
98132
P F PETTIBONE & CO
SUPPLIES-CNCL MINUTES
0014090
41200 1
219.86
$219.86
2/23/2012 1
98133
ANTHONY PASCUA
FACILITY REFUND-PANTERA
001
23002 1
100.00
$100.00
2/23/2012
98134
PIVOT INTERIORS INC
FURNITURE -CITY HALL
0014093
1 46220 1
3,219.73
$3,219.73
2/23/2012
98135
REGIONAL CHAMBER OF COMMERCE
CONTRACT SVCS -JAN 12
0014096
45000
1,000.00
$2,000.00
2/23/2012
REGIONAL CHAMBER OF COMMERCE
CONTRACT SVCS -FEB 12
0014096
1
45000
1,000.00
2/23/2012 1 98136 REINBERGER PRINTWERKS PRINT SVCS -FINANCE 10014050 42110 316.68 $316.68
2/23/2012
98137
RKA CONSULTING GROUP
PROESVCS-INSPECTIONS
0015220
1 45201
260.00
$20,060.18
2/23/2012
RKA CONSULTING GROUP
BLDG & SFTY SVCS -JAN 12
0015220
45201
19,800.18
2/23/2012 1
98138
SANJAY SALVERON
FACILITY REFUND-SYC CYN
1 001
1 23002 1
50.00
$50.00
2/23/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
65.85
2/23/2012 1
98139
MARIE SAPLAN
FACILITY REFUND -HERITAGE
1 001
1 23002 1
200.00
$200.00
2/23/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
317.97
2/23/2012 1
98140
SCHORR METALS INC
CAMERA POLE -CITY HALL
1 0014093
42210
86.75
$86.75
2/23/2012 1
98141
SGV COUNCIL OF GOVERNMENTS
TAC MTG-LIU/YEE
0015551
1 42325 1
50.00
$50.00
2/23/2012
98142
ALPASONAWALA
FACILITY REFUND -HERITAGE
1 001
1 23002 1
50.001
$50.00
2/23/2012
98143
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
22.03
$2,009.66
2/23/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
65.85
2/23/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
23.62
2/23/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
317.97
Page 14
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct#
Amount
Total Check Amount
2/23/2012
98143...
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
447.00
$2,009.66 ...
2/23/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
187.51
2/23/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
506.54
2/23/2012
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
439.14
2/23/2012
98144
SPARKLETTS
WATER SUPPLIES -CITY HALL
0014090
41200
219.74
5230.49
2/23/2012
ISPARKLETTS
ED RENTAL -CITY HALL
0014090
42130
10.75
2/23/2012
98145
STANDARD INSURANCE OF OREGON
MAR 12 -LIFE INS PREMS
001
21106
1,031.51
$3,28224
2/23/2012
STANDARD INSURANCE OF OREGON
MAR 12-SUPP LIFE INS PREM
001
21106
32-
32/23/2012
2/23/2012
STANDARD INSURANCE OF OREGON
MAR 12-STD/LTD
001
21112
1,917.73
2/23/2012 1 98146 TENNIS ANYONE INC - CONTRACT CLASS -WINTER 0015350 1 45320 1 3,035,901 $3,035.90
2/23/2012
98147
THE GAS COMPANY
GAS SVCS -CITY HALL
0014093
42126
807.98
$1,902.10
2/23/2012
THE GAS COMPANY
GAS SVCS -HERITAGE
0015340
42126
241.47
2/23/2012
THE GAS COMPANY
GAS SVCS -DBC
0015333
42126
852.65
2/23/2012
98149
US BANK
SAC LEGISLATIVE -COUNCIL
0014010
42330
216.40
$21,490.59
2/23/2012
US BANK
CCCALEG-COUNCIL
0014010
42330
359.46
2/23/2012
US BANK
MAYOR'S CONE -COUNCIL
0014010
42330
139.80
2/23/2012
US BANK
MTG SUPPLIES -GENERAL
0014090
42325
157.58
2/23/2012
US BANK
SUPPLIES -CITY HALL
0014090
41200
414.35
2/23/2012
US BANK
MTG SUPPLIES -T& T
0015510
42325
41.23
2/23/2012
US BANK
PUBLICATIONS-P/WKS
0015510
42320
570.51
2/23/2012
US BANK
COMP MAINT-I.T.
0014070
42205
1,321.93
2/23/2012
US BANK
MTGS-DESFORGES
0014070
42325
771.60
2/23/2012
US BANK
EQ -CITY HALL
0014093
45000
167.24
2/23/2012
US BANK
MEMBERSHIP DUES
0014070
42315
85.00
2/23/2012
US BANK
TRNG-IS STAFF
0014070
42340
525.00
2/23/2012
US BANK
EQ -CITY HALL
0014093
45000
498.27
2/23/2012
US BANK
FUEL -ROAD MAINT
0015554
42310
59.78
2/23/2012
US BANK
EXPRESS MAIL -COMM SVCS
0015310
44000
9.99
2/23/2012
US BANK
SUPPLIES -COMM SVCS
0015310
41200
220.19
2/23/2012
US BANK
FURNITURE -CITY HALL
0014093
46220
1,250.57
Page 15
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/201.2
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total CheckAmount
2/23/2012
98149...
US BANK
FUEL -POOL VEH
0014090
42310
91.02
$21,490.59 ...
2/23/2012
US BANK
FUEL -COMM SVCS
0015310
42310
250.05
2/23/2012
US BANK
VEH MAINT-COM SVCS
0015310
42200
167.75
2/23/2012
US BANK
FUEL -ROAD MAINT
0015554
42310
20.01
2/23/2012
US BANK -
VEH MAINT-RD MAINT
0015554
42200
5025
2/23/2012
US BANK
FUEL -COMM SVCS
0015310
42310
70.00
2/23/2012
US BANK
MTG-MCLEAN
0014090
42325
10.75
2/23/2012
US BANK
FUEL-NGHBRHD IMP
0015230
42310
60.31
2/23/2012
US BANK
FUEL-NGHBRHD IMP
0015230
42310
111.35
2/23/2012
US BANK
SAC LEG TOUR -COUNCIL
0014010
42330
335.00
2/23/2012
US BANK
CCCACONF-COUNCIL
0014010
42330
805.26
2/23/2012
US BANK
PROF.SVCS-SHRED IT
0014030
44000
339.10
2/23/2012
US BANK
EQ MAINT-COMM SVCS
0015310
42200
126.47
2/23/2012
US BANK
SUPPLIES -GENERAL
0014090
41200
59.50
2/23/2012
US BANK
SUPPLIES -BLDG & SFTY
0015220
41200
187.65
2/23/2012
US BANK
FUEL -COMM SVCS
0015310
42310
325.00
2/23/2012
US BANK
SUPPLIES -CITY HALL
0014093
42210
14.44
2/23/2012
US BANK
FUEL -COMM SVCS
0015350
45300
71.00
2/23/2012
US BANK
MTGS-COM DEV
0015210
42325
96.37
2/23/2012
US BANK
FUEL -COMM SVCS
0015310
42310
229.00
2/23/2012
US BANK
SUPPLIES -DBC
0015333
41200
17.38
2/23/2012
US BANK
FUEL -COMM SVCS
0015310
42310
171.14
2/23/2012
US BANK -
MAINT-DBC
0015333
42210
68.00
2/23/2012
US BANK
FUEL -COMM SVCS
0015310
42310
253.50
2/23/2012
US BANK
SUPPLIES-REC
0015350
41200
248.73
2/23/2012
US BANK
CABLES -CITY HALL
0014093
46310
118.48
2/23/2012
US BANK
FUEL -ROAD MAINT
0015554
42310
311.73
2/23/2012
US BANK
SUPPLIES -ROAD MAINT
0015554
41250
106.54
2/23/2012
US BANK
EQ -ROAD MAINT
0015554
41300
12.66
2/23/2012
US BANK
SUPPLIES -TINY TOT/DB4YTH
0015350
41200
300.93
2/23/2012
US BANK
SUPPLIES -COMM SVCS
0015310
41200
58.98
2/23/2012
US BANK
SUPPLIES -REO
0015350
41200
112.21
2/2 312 01 2
US BANK
MAINT-CITY HALL
0014093
42210
113.71
2/23/2012
US BANK
SUPPLIES -REO -
0015350
41200
109.24
Page 16
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct#
Amount
Total Check Amount
2/23/2012
98149...
US BANK
SUPPLIES -GENERAL
0014090
41200
51.49
$21,490.59...
2/23/2012
98151
US BANK
SUPPLIES -DBC
0015333
41200
133.52
$373.25
2/23/2012
US BANK
MAINT-COMM SVCS
0015340
42210
235.47
2/23/2012
US BANK
EQ MAINT-COMM SVCS
0015310
42200
50.25
2/23/2012
US BANK
FUEL -COMM SVCS
0015310
42310
105.00
2/23/2012
US BANK
FURNITURE -CITY HALL
0014093
46220
1,654.80
2/23/2012
US BANK
VEH MAINT-POOL VEH
0014090
42200
1,600.00
2/23/2012
US BANK
CONF-CMGR
0014030
42330
934.23
2/23/2012
US BANK
SUPPLIES-CMGR
0014030
41300
55.24
2/23/2012
US BANK
MTGS-CMGR
0014030
42325
69.54
2/23/2012
US BANK
MTGS-DOYLE
0014030
42325
125.49
2/23/2012
US BANK
EQ -CITY HALL
0014093
46310
290.89
2/23/2012
US BANK
TRNG-FINANCE STAFF
0014050
42340
1,265.00
2/23/2012
US BANK
MTG SUPPLIES -STAFF
0014030
41200
198.91
2/23/2012
US BANK
MTG SUPPLIES -GENERAL
0014090
42325
632.37
2/23/2012
US BANK
SUPPLIES-P/INFO
0014095
41200
1,803.91
2/23/2012
US BANK
MTG SUPPLIES-P/INFO
0014095
42325
52.07
2/23/2012 1
98150
US HEALTHWORKS MEDICAL GROUP PC
PRE-EMPLOYMENT PHYSICAL
0014060
1 42345 1
476.00
$476.00
2/23/2012
VERIZON CALIFORNIA
PH.SVCS-DATA MODEM
0014090
42125
42.61
2/23/2012
98151
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-SUMMITRIDGE
0015333
1 42210 1
373.25
$373.25
2/23/2012
98152
VERIZON CALIFORNIA
PH.SVCS-DBC
0015333
42125
113.61
$241.24
2/23/2012
VERIZON CALIFORNIA
PH.SVCS-DATA MODEM
0014090
42125
42.61
2/23/2012
VERIZON CALIFORNIA
PH.SVCS-DIAL IN ACCESS MD
0014090
42125
85.02
2/23/2012
98153
W.W. GRAINGER INC.
SUPPLIES -CITY HALL
0014093
41200
151.96
$233.06
2/23/2012
W.W. GRAINGER INC.
SUPPLIES -CITY HALL
0014093
41200
81.10
2/23/2012 98154 RAJ WALIA RECREATION REFUND 001 34780 1 178.00 $178.00
2/23/2012
98155
WALNUT VALLEY WATER DISTRICT
WATER SVCS -PARKS
0015340
42126
9,390.01
$19,866.59
2/23/2012
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 38
1385538
42126
6,256.51
2/23/2012
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 41
1415541
42126
1,133.63
2/23/2012
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DBC
0015333
42126
259.40
Page 17
City of Diamond Bar - Check Register 02/16/2012 thru 02/29/2012
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct#
Amount
Total Check Amount
2/23/2012
1 98155...
IWALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 39
1 1395539
1 42126
1 2,82T041
$19,866.59 ...
2/23/2012 1
98156
WELLDYNERX
JADMIN FEE -SHARP SVCS
1155515
1 44000 1
32.32
$32.32
2/23/2012 1
98157
IWEST COAST ARBORISTS INC
TREE MAINT-JAN 2012
0015558
1 45509 1
25,512.561
$25,512.56
2/23/2012 1
98158
PAUL WRIGHT
A/V SVCS-CNCL MTGS
0014090
44000
300.00
$300.00
2/23/2012
98161
ALBERTO YAP
CONTRACT CLASS -WINTER
0015350
45320
468.00
$468.00
2/23/2012 1
98162
AIDAZAMORA
IFACILITY REFUND -DBC
001
1 23002 1
550.00
$550.00
$1,398,523.73
Page 18
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man 4 1 561
TITLE: Treasurer's Statement — January 20 2
RECOMMENDATION:
Approve the January 2012 Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda # 6.5
Meeting Date: Mar. 6, 2012
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval. This statement shows the cash balances for the various funds, with a
breakdown of bank account balances, investment account balances, and the effective yield earned
from investments. This statement also includes a separate investment portfolio report which details
the activities of the investments. All investments have been made in accordance with the City's
Investment Policy.
PREPARED BY:
Susan Full. Senior Accountant
REVIEWED BY:z 41
Finance Director` Assistant City Manager
Attachments:
Treasurer's Statement, Investment Portfolio Report
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
January 31, 2012
SUMMARY OF CASH:
-:BEGINNINGS.
DEMAND DEPOSITS: GENERALACCOUNT
($45,170.75)
TRANSFERS :
:'ENDING
CHANGE FUND
;BALANCE.--.
RECEIPTS
DISBURSEMENTS
IN (OUT)
BALANCE
GENERAL FUND
$16,454,141.55
3,845,288.83
$3,140,351.40
BONDS & CERTIFICATE DEPOSITS
$17,159,078.98
COMMUNITY ORG SUPPORT FD
(5,075.00)
TOTAL INVESTMENTS
200.00
TOTAL CASH
(5,275.00)
MEASURE R LOCAL RETURN FD
392,233.14
40,356.01
(26,867.00)
405,722.15
GAS TAX FUND
170,655.42
115,568.76
286,224.18
TRANSIT TX (PROP A) FD
313,762.51
167,360.48
200,180.64
280,942.35
TRANSIT TX (PROP C) FD
1,876,601.34
54,277.02
74,133.45
1,856,744.91
TEA Fund
0.00
0.00
INTEGRATED WASTE MGT FD
835,502.16
49,644.24
8,422.88
876,723.52
TRAFFIC IMPROVEMENT FUND
562,203.56
1,098.37
26,867.00
587,972.19
AB2928-TR CONGESTION RELIEF FD
0.00
0.00
AIR QUALITY IMPRVMNT FD
161,222.13
775.00
160,447.13
TRAILS & BIKEWAYS FD
0.00
0.00
Prop 1B Bond Fund
15,404.05
15,404.05
PARK FEES FD -
319,806.15
319,806.15
PROP A- SAFE PARKS ACT FUND
(67,131.21)
(67,131.21)
PARK & FACILITIES DEVEL. FD
520,605.47
520,605.47
COM DEV BLOCK GRANT FD
(56,285.33)
72,979.00
1,500.00
(16,692.00)
(1,498.33)
CITIZENS OPT -PUBLIC SAFETY FD
160,510.92
36,017.88
196,528.80
NARCOTICS ASSET SEIZURE FD
264,382.23
264,382.23
CA LAW ENFORCEMENT EQUIP PROM
41,010.90
300.00
40,710.90
E BYRNE JUSTICE ASSIST GRANT
(14,905.58)
(14,905.58)
LANDSCAPE DIST #38 FD
(15,126.57)
26,770.50
17,704.26
(6,060.33)
LANDSCAPE DIST #39 FD
(35,308.73)
16,263.00
14,995.91
(34,041.64)
LANDSCAPE DIST #41 FD
5,344.21
12,215.70
5,634.50
11,925.41
CDBG - R Fund
0.00
0.00
ENERGY EFF & CNSVTN BLK GRT
(26,714.52)
(26,714.52)
CAP IMPROVEMENT PRJ FD
241.58
423,241.40
16,692.00
(406,307.82)
SELF INSURANCE FUND
756,040.51
756,040.51
EQUIPMENT REPLACEMENT FUND
215,512.72
215,512.72
COMPUTER REPLACEMENT FUND
383,594.90
383,594.90
PUBLIC FINANCING AUTHORITY FUND
246,782.12
0.12
246,782.24
TOTALS
$23,475,010.63
$4,436,741.54
$3,888,537.81
$0.00
$24,023,214.36
SUMMARY OF CASH:
DEMAND DEPOSITS: GENERALACCOUNT
($45,170.75)
PAYROLL ACCOUNT
41,604.45
CHANGE FUND
1,000.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
($2,066.30)
INVESTMENTS: US TREASURY MONEY MARKET ACCT
$3,910,696.75
LOCAL AGENCY INVESTMENT FD
9,651,801.67
BONDS & CERTIFICATE DEPOSITS
10,216,000.00
CASH WITH FISCAL AGENT:
246,782.24
TOTAL INVESTMENTS
$24,025,280.66
TOTAL CASH
$24,023,214.36
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's
funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term
investments. These investments are detailed on the attached Investment Report.
All investments are in compliance with the investment policy adopted by the City of Diamond Bar.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estim d (tures.
James DeStefanol Treasurer
G O�
o o L o o e \ o o a S a o
R�
>'
U
Q
U
y x
G1
o0 0 0 00 o cp to m oM m� N � r c n o
O O O O n [h N C
N
ip
y
(O O N V N
y
m Oo 0 0< w a c ry v a v c< a cn
co
h
� o 0 00 00 0 0 00 0 0 0 00 0 0
Nd o o a_o 0 0 0.0.0.0.0.0 0 o_o_o_o_o_o
a� 0 0 O O O W tp
0 0 o v a o<< v v c< c a a v v v a a
O o O O N N N N N N N N N N N N N N N N N
7
v
i
m O Z
0 J a
Z O q_ O m a crc o M cp cp m M M M v c o < a v cn in cp cp o
Q Q
c
o.
LL r O
O
N d
F !L r \cb h 2 O<� N 7
Q\lN\\NNNO\MNNO\
y G O�
Z
d X
0 3
d J Y S d M U m Q vJ m ca'� Z Q : � d
m U IL Z LL I d M m m} 1 Z o i Z}> O N
IQ LL H U H LL 1~I. Y N W OWi �� 0 U OM °W m Q
}
} m z m
m m s W� m m mp
TL
z z z z E a m E c `'
F y m Q m U in Q
c Q a a Q o a o 0 0 o a o 0 0 0 0 0 0 0 0
v m m m v v v _v v v v v m---
Ot
O LL W a LL (� LL LL LL Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
co
O
m m
0
O
uL
J�
N
LL
N Q d
Q
U
p
h
a
c
v
Y
N
N
O
_
C
N
C
y�
O y
d
� a
C
6]
E
O
�
0
m
�
O
t'
C
O
u
�
LL
V1 C N
CITY COUNCIL
Agenda # 6.6 (a)
Meeting Date: March 6 2012
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
6
TITLE: APPROVE CONTRACT AMENDMENT WITH GFB-FRIEDRICH &
ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES
FOR LANDSCAPING ASSESSEMENT DISTRICT NUMBERS 38, 39,
AND 41 FOR A PERIOD OF ONE (1) YEAR, FOR A TOTAL CONTRACT
AMOUNT OF $12,965.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
In FY 2011-2012, $13,500 has been budgeted for the updates of Landscaping
Assessment District Numbers 38, 39, and 41.
Fee Breakdown:
District
Fee Amount
38
$4,005
39
$4,480
41
$4,480
Total Fee Amount
$12,965
BACKGROUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping and open space
improvements, and intends to continue the program by special assessments upon lands
within the City. GFB has been providing such assessment district update services to
the City and has comprehensive knowledge of the City's requirements. As such, staff
recommends that the City continue the assessment engineering services with GFB for a
period of one (1) year.
Key tasks placed upon the assessment engineer include:
• Strategy Meeting to discuss assessment methodology, capital improvement
budgets, proposed operation and maintenance budgets, etc.
• Prepare Landscaping Inventory Map for each assessment district of areas to
be maintained.
• Prepare Engineer's Report which will contain the description of proposed
improvements, cost estimate, method of assessment, assessment roll, and
diagram.
• Attend Public Meetings and Public Hearings.
• Place Assessments on County Assessor's Roll and submit final rolls to the
City.
For FY 2012-2013, the proposed fee is $12,965. This represents a $5 increase from
the previous year (exclusive of the Pulte Tract detachment). The total amount of the
contract for one (1) year is $12,965.
PREPARED BY:
Rick Yee, Senior Civil Engineer Date Prepared: February 29, 2012
REVIEWED BY:
David G. LOU, Director of Public Works
Attachments: Amendment to the Consulting Services Agreement
Exhibit A — Consultant's Proposal
Exhibit B — Proposed Schedule for Assessment Districts No. 38, 39 and 41
2
AMENDMENT NO. 7
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 7 to the Agreement is made and entered into this _ day
March, 2012, between the CITY OF DIAMOND BAR, a Municipal Corporation
(herinafter referred to as "CITY") and GFB-Friedrich & Associates. (hereinafter
referred to as "CONSULTANT").
A. RECITALS:
(i) The CITY has heretofore entered into an Agreement, with GFB-
Friedrich & Associates to provide Professional Consulting Services, which the
Agreement was dated February 15, 2000.
(ii) To provide the assessment engineering services for FY 2012-2013,
the CONSULTANT submitted a proposal, a full, true and correct copy of which is
attached hereto as Exhibit "A".
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT:
Section 1: Section 1. A. Scope of Services of the Agreement is hereby
amended to read as follows:
"A. Scope of Services. The nature and scope of the specific
services to be performed by Consultant are as described in Exhibit "A", the Consultant's
Proposal dated January 10, 2012, for the Landscape Assessment District Nos. 38, 39,
and 41."
Section 2: Section 1. B. Level of Services/Time of Performance of the
Agreement is hereby amended to read as follows:
"B. Level of Services/Time of Performance. The level of and time
of the specific to be performed by Consultant are as set forth in Exhibit "A".
Section 3: Section 3 of the Agreement is hereby amended to read as
follows:
Compensation. "City agrees to compensate Consultant for each
service which Consultant performs to the satisfaction of City in compliance with the
schedule set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City."
Section 4: Each party to this Amendment No. 7 acknowledges that no
representation by any party which is not embodied herein nor any other agreement,
statement, or promise not contained in this Amendment No. 7 shall be valid and binding.
1
Any modification of this Amendment No. 7 shall be effective only if it is in writing signed
by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement Amendment No. 7 as of the day and year first set forth above:
APPROVED AS TO FORM: CONSULTANT:
GFB-FRIEDRICH & ASSOCIATES
In
City Attorney
ATTEST:
CITY OF DIAMOND BAR
Tommye A. Cribbins, City Clerk
DATE:
John Friedrich, President
Ling Ling Chang, Mayor
2
GF of C
ASSOC., INC
CONSULTING CIVIL ENGINEERS
January 10, 2012
Mr. Patrick Gallegos
Management Analyst
City of Diamond Bar
21810 Copley Drive, 2nd Floor
Diamond Bar, CA 91765-4178
Subject: Proposal to Provide Assessment Engineering Services for the FY 2012-13 Updates of
Landscaping Assessment District Nos. 38, 39 and 41 for the City of Diamond Bar.
Dear Mr. Gallegos:
GFB-Friedrich & Assoc., Inc. (Consultant) is pleased to submit this proposal to provide
assessment engineering services to the City of Diamond Bar (City) for the FY 2012-13 updates
of the subject assessment districts. Consultant is known to the City as they have been providing
assessment district update services to the City since FY 1994-95. Therefore, although
information about Consultant's firm can be provided at the City's request; Key Personnel,
Related Experience and References are not being provided with this proposal.
The maintenance to be financed includes landscape maintenance in public rights -of -ways such
as parkways, medians, slopes, mini parks, and open space. Such maintenance includes
irrigation, fertilization, mowing, trimming, disease control, etc., and maintaining appurtenant
structures. Also included will be salaries for maintenance employees and/or contractors and the
cost of required tools, equipment and supplies. Such salaries and costs will be supplied to the
Consultant by the City.
This proposal takes into account the requirements and constraints imposed by the Brown Act
and Proposition 218. After Proposition 218 was approved by California voters, Assessment
District Nos. 38, 39 and 41 were each determined to be exempt from the provisions of
Proposition 218 as set forth in Article X11ID of the California Constitution. This proposal is
prepared with the assumption that no changes will take place in any of the assessment districts
that would cause mailed notices, assessment ballots, and public hearings to be necessary.
Proposed Scope of Services
L Prepare request for CD-ROM containing City property owner information from Los
Angeles County Assessor (to be signed and submitted by City). One CD-ROM will cover
all three assessment districts.
2. Attend "kick-off' meeting with City staff (if necessary) to obtain existing data and new
tract or parcel maps and to determine if the City has any revisions to these projects. In
coordination with the City, identify the works of improvement which would be eligible
for inclusion in each FY 2012-13 assessment district program.
200
6529 RIVERSIDE AVENUE a SUITE 439 •. RIVERSIDE, CALIFORNIA 92506
(951.) 787.-0811 ® FAX: (951) 781-8436
E-MAIL: gfb-jaf@sbcglobaLnet
Mr. Patrick Gallegos
January 10, 2012
Page 2
3. Obtain digital copy of current GPS map of the entire City of Diamond Bar, suitable for
use in AutoCAD 2004 (preferred) or AutoCAD 2010, from the City.
4. Utilizing the map obtained in Item 3 above, prepare and update the digital assessment
diagram for each assessment district (Engineer's Report Exhibit "A") encompassing all of
the property within each district.
5. Revise map of "Areas to be Maintained" for each assessment district (Engineer's Report
Exhibit "B"), as required.
6. Hand -enter property data for defining districts, land use or other special requirements.
7. Prepare an estimate for each assessment district including costs of annual maintenance,
operation and administration (in conjunction with City staff), and incidental costs for
inclusion in each Engineer's Report.
8. Prepare an Engineer's Report for each assessment district which will contain the
description of proposed improvements, cost estimate, method of assessment, assessment
roll, and assessment diagram. Submit to City staff and legal counsel for review prior to
adoption of the Resolutions of Intention. Submit two unbound copies of each Engineer's
Report:
9. Preparation of Resolution of Intention for each assessment district. City staff will be
responsible for preparing resolutions and for obtaining legal reviews of such resolutions.
10. Attend City Council meeting at which Resolutions of Intention are adopted. At this
meeting, the Engineer's Reports will be preliminarily approved, and the Public Hearing
date(s) will be set. Make presentation as necessary.
11. Amend Engineer's Report to reflect any changes in the improvements to be maintained or
to incidental costs. Re -spread assessments as required. Submit revised Engineer's Report
to City and other project team members prior to Public Hearing.
12. Preparation of Resolutions Confirming the Levy for each assessment district. City staff
will be responsible for preparing resolutions and for obtaining legal reviews of such
resolutions.
13. Attend City Council meeting(s) at which Public Hearings are conducted. Make
presentations as required. Attendance at one or more continued Public Hearing shall be
considered additional services. Revisions to the Engineer's Report ordered by the City
Council shall also be considered additional services.
14. Upon confirmation of each of the 1972 Act assessment rolls, provide services to place the
current fiscal year's assessments on the Los Angeles County tax roll by filing the
assessment rolls and assessment diagrams with the County Auditor.
15. Research and correct any exceptions or corrections discovered by the County Auditor and
re -submit corrections to the roll to the County Auditor by the August 10th deadline.
16. Coordinate with City staff, legal counsel, and other necessary project consultants.
Diamond Bar A.D. Update Proposal — FY 12-13
Mr. Patrick Gallegos
January10, 2012
Page 3
17. Project administration and meetings (two staff meetings are anticipated in addition to the
two City Council meetings described above).
Tasks and Information to be Provided by Others
1. Obtain CD of property owner information from Los Angeles County Assessor's Office
(GFB-Friedrich will prepare the County Assessor's "Data Sales Order Form and
Agreement" to expedite this task, and deliver to the City for signature). The City will
sign said Order Form and Agreement, prepare and attach the check paying for the CD to
the Order Form and Agreement, and submit to the County Assessor's Office.
2. Up-to-date maps, reports, resolutions and other data relating to the project (City staff has
recently been responsible for preparing resolutions and for obtaining legal reviews of
such resolutions):
3. Additions and/or revisions to the digital boundary maps in Consultant's possession.
4. Provide appropriate input for estimates of maintenance and servicing of improvements for
inclusion in each Engineer's Report.
5. Other consultants whose services are required to complete the project.
6. Environmental documentation to meet CEQA requirements, if necessary.
Project Schedule
A proposed project schedule for the 2012-13 fiscal year indicating project milestones is
attached hereto as Exhibit `B."
Project Fee
Consultant proposes to invoice the City monthly on a time and materials not -to -exceed basis
for services provided during the previous month. Reimbursable items will be invoiced
additionally at our cost. Sub -consultants, such as Rapid Data will be invoiced additionally at
our cost plus ten percent (10 %). All such reimbursable costs and sub -consultant fees are
included in the total cost for the work described above.
Additional items of work outside of the Proposed Scope of Services provided above will be
invoiced per Consultant's "Schedule of Hourly Rates," dated January 1, 2012, and attached
hereto as Exhibit "A." Such additional work shall not commence without prior authorization
from the City.
The total fee for the FY 2012-13 Updates of Assessment District Nos. 38, 39 and 41 is
proposed to be $12,965.00; distributed by district as follows:
Assessment District No. 38 $4,005.00 (30.890%)
Assessment District No. 39 $4,480.00 ' (34.555%)
Assessment District No. 41 $4,480.00 (34.555%)
(100.000%)
Diamond Bar A.D. Update Proposal — FY 12-13 -
Mr. Patrick Gallegos
January 10, 2012
Page 4
The distributed dollar amounts shown on the previous page are rounded slightly to even
numbers.; If the estimated assessment district fee distribution given on the previous page is
incorrect, please contact Consultant with the preferred fee distribution, and it will be corrected.
Please note that some of Consultant's 2012 office labor rates on Exhibit "A" have been raised,
but the office labor fee is the same as the 2011 office labor fee. Rapid Data's 2012 total fee is
the same as their 2011 total fee. Therefore, the total project fee shown on the previous page for
the FY 1012-13 assessment district updates is the same as the FY 2011-12 total project fee.
Also, as happened last year, the Los Angeles County Assessor wants the check to pay for the
CD containing the FY 2012-13 property owner information to come from the City of Diamond
Bar instead of from the Consultant.
Closure
GFB-Friedrich appreciates being given the opportunity to submit this proposal. We want to do
this FY 2012-13 update work for you. If this proposal is accepted, we will be pleased to enter
into the City's existing Consulting Services Agreement, pending a review of said Agreement
by our insurance agent. If you have any questions, please call us.
Sincerely,
GFB-FRIEDRICH & ASSOC.I INC.
John A. Friieeedric , P.E.
President
attachment: Exhibit "A - Schedule of Hourly Rates
Exhibit"B" - Proposed Schedule
JAF
Diamond Bar A.D. Update Proposal — FY 12-13
Exhibit `B"
CITY OF DIAMOND BAR
PROPOSED SCHEDULE FOR
ASSESSMENT DISTRICT NOS. 38,39 and 41
Fiscal Year 2012-13
The following proposed schedule is specifically for 1972 Act procedures when no changes are
proposed that would require mailed notices or ballot counting. City Council meetings are ;
assumed to be on the fust and third Tuesdays of each month. It is also assumed that all three
assessment districts will be on the same schedule..
City Council adopts Resolutions of Initiation and L.A. County
Assessor's property owner information tapes are ordered, by Early February, 2012
Submit Preliminary Engineer's Reports and Resolutions of
Intention to City Clerk to meet City Council Meeting agenda
deadline, no dater than April 17, 2012
City Council Meeting at which Resolutions of Intention are
adopted, Preliminary Engineer's Reports are approved, and Public
Hearing date is set May 1, 2012
Submit revised Engineer's Reports, if necessary, to meet City
Council Meeting agenda deadline, no later than May 22, 2012
Public Hearings held at City Council Meeting, Assessment District
Nos. 38, 39 and 41 are approved and confirmed, and the Resolutions
Confirming the Levy of Assessments are adopted June 5, 2012
Submit digital fixed -charge assessments on CD's to Los Angeles
County Auditor, on or about July 9, 2012
Make assessment exception corrections and resubmit to the County
Auditor, no later than August 10, 2012
Please note that the adoption of the Resolutions of Intention can be moved
forward to May 15th without changing the June 5th Public Hearing date. Also, the
entire schedule can be moved forward resulting in a Public Hearing date as late as
early -to -mid July.
B-1
January 1, 2012
Exlribit "A"
GFB-FRIEDRICH & ASSOC., INC.
SCHEDULE OF HOURLY RATES
CLASSIFICATION
RATE
1.
Principal
$
195.00 per hour
2.
Registered Engineer
$
165.00 per hour
3.
Project Manager
$
120.00 per hour
3a.
Assistant Engineer
$
96.00 per hour
4.
Designer/CAD
$
96.00 per hour
5.
CAD Drafter
$
90.00 per hour
5a.
Special Districts Analyst
$
96.00 per hour
5b.
Field Inspector
$
96.00 per hour
6.
2 -Man Survey Party (Standard Rate)
$
195.09 per hoar
6a.
2 -Man Survey Party (Prevailing Wage Rate)
$
240.00 per hour
7.
Survey Crew Using GPS
$
390.00 per hou
8.
Survey Research/Analysis/Office Work/Drafting
$
1-13. 00 per hour
9.
Clerical
$
56.00 per hour
Subconsultants
Subconsultant
Fee plus 10%
Principal Time as Expert Witness During Court Appearance,
Waiting for Court Appearance, and Depositions
$
300.00 per hour
Principal Time Spent on Preparation, and Office or Outside
Research, Relevant to Expert Witness Work
$
220.00 per hour
Blueprints, Reproduction & Courier Service
Vendor. Costs
Job Travel
$
0.55 per mile
Delivery Service
$
56.00 per hour
plus mileage
-or -
Actual Cost
plus 10%
NOTE: Normal overtime will be invoiced at 1.50 times standard
hourly rate.
Overtime on Sundays and holidays will be invoiced at
2.00 times
standard hourly rate. This Schedule of Hourly Rates is in effect
through December 31," 2012 and shall be subject to annual revision
based on changes in the cost of living.
GFBF
Rates- 1/2012 SCHEDULE OF HOURLY RATES
PAGE A-1
CITY COUNCIL
Agenda # 6.6 (b)
Meeting Date: March 6, 2012
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
TITLE: ADOPT RESOLUTION NO.201 -XX ORDERING THE CITY
ENGINEER TO PREPARE AND T FILE A REPORT RELATED
TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY
OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT
NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR
2012-2013.
RECOMMENDATION:
Adopt.
FINANCIAL IMPACT:
For the current fiscal year, a total budget of $13,500 has been approved for the
assessment engineering services needed for the three assessment districts.
BACKGROUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping as well as open
space improvements, and intends to continue said program by special assessments
upon lands divided into three Districts within the City. Funds must be provided to
enable each District to continue their operation during the 2012-2013 Fiscal Year. Of
the City's three Districts, District 38 encompasses the whole City and is illustrated on
Exhibit "A-1" Map.
As part of this program update, the City must undergo a three step process. First, the
City initiates the process by adopting resolutions ordering the City Engineer to prepare
and file an engineer's report for each district. Second, the report is finalized and
presented to the City Council who, in turn, adopts resolutions of intention that are set for
a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all
three Assessment Districts are approved and confirmed, resulting in the adoption of a
resolution confirming the levy of assessments. Throughout the entire process, all
proceedings for the maintenance of public improvements will be pursuant to the
provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the
Streets and Highways Code of the State of California.
PREPARED BY:
Rick Yee, Senior Civil Engineer
REVIEI/ED BY:
David G. tiu, Director of Public Works
Attachment: Resolution No. 2012 -XX
Exhibit "A-1" Map
2
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS
IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 2012-13
A. RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 38 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council
shall adopt a resolution generally describing any proposed new improvements or
substantial changes in existing improvements in such a district and ordering the City
Engineer to prepare and file a report related to annual maintenance and assessment in
such a district.
(iii) No new improvements or substantial changes in existing improvements
are proposed for said Landscaping Assessment District No. 38.
(iv) 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 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 Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District
No. 38 for Fiscal Year 2012-13.
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this _ day of , 2012.
Ling Ling Chang, 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 , 2012,
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye A. Cribbins, City Clerk
2
:
ld
%
\
»r
»w$
§
$
\
)/§�!§
CCN
t
M.
\«'
)/z��|
•
LU
LLJ
)\°
.
.\
_§
LL
:
ld
Agenda # 6.6 (c)
Meeting Date: March 6, 2012
CITY COUNCIL ®NAGENDA REPORT
ryA j
TO: Honorable Mayor and Members_of the City Council
VIA: James DeStefano, City
TITLE: ADOPT RESOLUTION NO. 20112 -XX ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED
TO MAINTENANCE OF OPEN SPACE IN THE CITY OF
DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO.
39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR
2012-2013.
RECOMMENDATION:
FINANCIAL IMPACT:
For the current fiscal year, a total budget of $13,500 has been approved for the
assessment engineering services needed for the three assessment districts.
BACKGROUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping as well as open
space improvements, and intends to continue said program by special assessments
upon lands divided into three Districts within the City. Funds must be provided to
enable each District to continue their operation during the 2012-2013 Fiscal Year. Of
the City's three Districts, District 39 encompasses a specific part of the City as
illustrated on Exhibit "A-2" Map.
As part of this program update, the City must undergo a three step process. First, the
City initiates the process by adopting resolutions ordering the City Engineer to prepare
and file an engineer's report for each district. Second, the report is finalized and
presented to the City Council who, in turn, adopts resolutions of intention that are set for
a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all
three Assessment Districts are approved and confirmed, resulting in the adoption of a
resolution confirming the levy of assessments. Throughout the entire process, all
proceedings for the maintenance of public improvements will be pursuant to the
provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the
Streets and Highways Code of the State of California.
PREPARED BY:
Rick Yee, Senior Civil Engineer
REVIEW,E6 BY:
j
Dav— is G V[�irector of Public Works
Attachment: Resolution No. 2012 -XX
Exhibit "A-2" Map
2
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF OPEN SPACE IN THE
CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2012-13
A. RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 39 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council
shall adopt a resolution generally describing any proposed new improvements or
substantial changes in existing improvements in such a district and ordering the City
Engineer to prepare and file a report related to annual maintenance and assessment in
such a district.
(iii) No new improvements or substantial changes in existing improvements are
proposed for said Landscaping Assessment District No. 39.
(iv) 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 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 Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District
No. 39 for Fiscal Year 2012-13.
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this day of
Ling Ling Chang, Mayor
2012.
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
2012, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye A. Cribbins, City Clerk
EXHIBIT dA_2„ SHEET 1 OF 1 SHEET
DIAGRAMASSESSMENT
ASSESSMENT DISTRICT NO. 39
FISCAL YEAR 2012-2013
FOR THE
CITY OF DIAMOND 909
�w
m �ovc v
Ri—
my d duNrN w
^'
M.�cvr awn cw vrtv d�Nm�nc dNmeM
�� ansa®mve dumdim umm
OBlPaH1..9CllE
M Ngo Ivlst
G
QYB-�618U®C9
4 9 Y�p� � ®
W M.�] PV:II 4M igi[ N M d!6 O
wm�uaNrc immw.
k 19300. QIC.
_
n=mdvN.ow
CITY COUNCIL
TO: Honorable Mayor and Members of
VIA: James DeStefano, City Man
Agenda # F_ F I d I
Meeting Date: March 6, 2012
AGENDA REPORT
City Council
TITLE: ADOPT RESOLUTION 2012- ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED
TO MAINTENANCE OF OPEN SPACE IN THE CITY OF
DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO.
41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR
2012-2013.
RECOMMENDATION:
Adopt.
FINANCIAL IMPACT:
For the current fiscal year, a total budget of $13,500 has been approved for the
assessment engineering services needed for the three assessment districts.
BACKGROUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping as well as open
space improvements, and intends to continue said program by special assessments
upon lands divided into three Districts within the City. Funds must be provided to
enable each District to continue their operation during the 2012-2013 Fiscal Year. Of
the City's three Districts, District 41 encompasses the southwesterly part of the City as
illustrated on Exhibit "A-3" Map.
As part of this program update, the City must undergo a three step process. First, the
City initiates the process by adopting resolutions ordering the City Engineer to prepare
and file an engineer's report for each district. Second, the report is finalized and
presented to the City Council who, in turn, adopts resolutions of intention that are set for
a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all
three Assessment Districts are approved and confirmed, resulting in the adoption of a
resolution confirming the levy of assessments. Throughout the entire process, all
proceedings for the maintenance of public improvements will be pursuant to the
provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the
Streets and Highways Code of the State of California.
PREPARED BY:
Rick Yee, Senior Civil Engineer
REV"D BY
,� •,� fr'f -�
Dhvlid G. iu, birector of Public Works
Attachment: Resolution No. 2012 -XX
Exhibit "A-3" Map
`a
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF OPEN SPACE IN THE
CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2012-13
A. RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 41 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council
shall adopt a resolution generally describing any proposed new improvements or
substantial changes in existing improvements in such a district and ordering the City
Engineer to prepare and file a report related to annual maintenance and assessment in
such a district.
(iii) No new improvements or substantial changes in existing improvements are
proposed for said Landscaping Assessment District No. 41.
(iv) 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 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 Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District
No. 41 for Fiscal Year 2012-13.
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this day of
2012.
Ling Ling Chang, 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
2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
4
Tommye A. Cribbins, City Clerk
SHEET 1 OF 1 SHEET
EXHIBIT "A-V
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO.41
FISCAL. YEAR 2012-13
for the
CITY OF DIAMOND BAR
pp
!r
S` N�'v pnr of urvir oF�ioaG ZG��zo ii or cnurnrmwwFixnslnxp
�t
d
rm vi oiMH.ON. MAI
FlLep IN iNE OFFICE OF GNE _TY"
C""'0" ""NT' OG'ON
ANNTIY�, STATE OF IINIh T115 —Y vE
[IIY VGENlpinvxv enn
MJ MY Ti
HH[ once TAAF$HOMVNON E[sE—EE5'E
esY=s 3lOFp
xi=1, h�
EEE lO 0-11MU
.xEFmsplvw.wx
CFB-FRIG!)R1CH
I
CITY COUNCIL
Agenda #
Meeting Date:
6.7
March 6, 2012
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man'
an qny
TITLE: Authorize an increase to the coThe ComDyn Group, Inc. for as -needed
information technology servicesn amount of $12,000 for a total authorization of
$47,500.
RECOMMENDATION:
Approve and authorize City Manager to execute a revised contract to increase the contract amount.
BUDGET/FINANCIAL IMPACT:
There are sufficient appropriated funds in the FY11-12 budget 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 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.
Typically, ComDyn performs the above work within the budgeted amount each year. However, the
relocation of City Hall this year required additional services from the network security consultant. As
part of the relocation, the City's computer network system was brought offline, transported to the new
City Hall location, and brought back online. Concurrently, several of the older legacy network system
components were replaced in order to provide a higher level of security to critical data.
While this work was anticipated during the budget process last year, the actual time required to
replace and reconfigure these systems was more than originally anticipated. As a result, staff is
requesting an increase to the contract authorization in the amount of $12,000 so that any additional
work required throughout the remainder of the fiscal year can be accomplished without delay.
Prepared by:
Reviewed by:
s
2 �
Desforges, Dire orformation Systems David Do le, Assistantlbity Manager
Attachment: Amendment No. 1 to The City's Consulting Services Agreement For Professional
Services with The ComDyn Group, Inc. - "Consulting Services Agreement (revised 3/6/2012)"
2
CONSULTING SERVICES AGREEMENT
(Revised 3/6/2012)
This Agreement is made and entered into this 6`h day of March 2012, 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 $47,500.
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.
1
S. Staff and Addresses.
City:
James DeStefano, City Manager
Ken Desforges, Director Information Systems
City of Diamond Bar
�� C7 1+89& -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
2
right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of
Consultant 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 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;
3
(2) property damage insurance, with minimum combined single limits
coverage of $500,000.00; (3) automotive liability insurance, with minimum
combined single limits coverage of $500,000.00; (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
4
covenant under this section shall survive the termination of this
Agreement. Notwithstanding the foregoing, to the extent Consultant
prepares reports of a proprietary nature specifically for and in connection
with certain projects, the City shall not, except with Consultant's prior
written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City
without restriction or limitation upon its use or dissemination by City.
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 may be affected by the
services to be performed by Consultant under this Agreement, or which
would conflict in any manner with the performance of its services
hereunder. Consultant further covenants that, in performance of this
Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest
which would conflict in any manner with the performance of its services
pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or
software to City as a result of the performance of this Agreement.
Consultant's covenant under this section shall survive the termination of
this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However,
Consultant shall not terminate this Agreement during the provision of
services on a particular 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
5
is.
engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this
Agreement, but City reserves the right to determine the assignment of its
own employees to the performance of Consultant's services under this
Agreement, but City reserves the right, for good cause, to require
Consultant to exclude any employee from performing services on City's
premises. Key personnel are listed in #5 of this agreement and shall not
change without prior written approval from the City.
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
6
shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by City of any payment to
Consultant constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Consultant,
and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach
or default.
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.
YI
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of
which together shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and
integrated agreement between Consultant and the 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.
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:
By:
Tommye Cribbins, City Clerk
Approved as to form:
0
Michael Jenkins, City Attorney
"CONSULTANT"
By:
Diana Brown, Vice President
The Comdyn Group
CITY OF DIAMOND BAR
James DeStefano, City Manager
CITY COUNCIL
Agenda # 6.8
Meeting Date: 3/06/12
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mar6)
TITLE: APPROVAL OF AMENDMENT #1TO CONTRACT WITH WEST COAST
ARBORISTS FOR CITY-WIDE TREE MAINTENANCE AND WATERING SERVICES
IN THE CITY OF DIAMOND BAR FOR THE 2011/12 FISCAL YEAR ADDING
$30,000 TO THE AUTHORIZED AMOUNT OF $181,700 RESULTING IN A TOTAL
NOT TO EXCEED AMOUNT OF $211,700.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Approval of this contract amendment will authorize staff to expend an
additional $30,000 for City -Wide Tree Maintenance and Watering Services during the 2011/12
fiscal year, for a total authorization of $211,700. Funds for this increase are included in the
2011/12 FY mid -year budget amendment which was approved by the City Council on February 21,
2012.
BACKGROUND: On June 7, 2011, the City Council approved the contract with West Coast
Arborists for city-wide tree maintenance services for the 2011/12 fiscal year in the amount of
$181,700. Due to additional work planned by city staff to be completed by West Coast Arborists
during the remainder of the 2011/12 FY, staff is seeking to increase the authorized amount of their
contract by $30,000, for a total authorization of $211,700. The additional work includes:
1. Increase in service requests by residents for tree work in residential areas ($7,000).
2. Increase in number of trees on slopes that need trimming, especially Summitridge Park
($5,200).
3. Increase in amount of sidewalk repairs planned by staff ($3,800 for arborist inspections
and $ 14,000 for tree work).
DISCUSSION: The following chart shows the comparison of costs in the original contract
approved by the City Council on June 7, 2011 and the costs in proposed amendment #1:
over 5 -years ($26,000/ 5 years)
Tree Watering $16,500 + $0 = $16,500
Total $181,700 +$30,000= $211,700
Attachments: Amendment #1 to Tree Maintenance Services Contract for the period of
July 1, 2011 — June 30, 2012
Tree Maintenance Services Agreement dated June 7, 2011.
AND REVIEWED BY:
Community Services Director
Current Contract
Proposed Amendment #1
Tree Maintenance - 5 year cycle
$104,640
+ $5,200 =
$109,840
Area 5 -- 2,613 trees @ 40.00/tree
LLAD #41 Slopes (3 -man Crew/25 days
$6,360
+ $0 =
$6,360
over a 5 -year period ($31,800/5 years)
Service Requests and As Needed Work
$7,100
+ $7,000 =
$14,100
Emergency Call Out
$3,100
+ $0 =
$3,100
Arborist Inspections
$5,200
+ $3,800 =
$9,000
Tree Planting
$11,000
+ $0 =
$11,000
Tree/Stump Removals/Replacements for
$22,600
+ $14,000 =
$36,600
Sidewalk Repairs and Pro -Active Risk Management
Remove Dead Alders/Eucs at Pathfinder Slope
$5,200
+ $0 =
$5,200
over 5 -years ($26,000/ 5 years)
Tree Watering $16,500 + $0 = $16,500
Total $181,700 +$30,000= $211,700
Attachments: Amendment #1 to Tree Maintenance Services Contract for the period of
July 1, 2011 — June 30, 2012
Tree Maintenance Services Agreement dated June 7, 2011.
AND REVIEWED BY:
Community Services Director
AMENDMENT #1 TO CONTRACT AGREEMENT
THIS CONTRACT AMENDMENT is made this 6th day of March, 2012 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
June 7, 2011 in the amount of $181,700 for the period of July 1, 2011 — June 30, 2012.
b. Parties desire to amend the contract to add $30,000 to the contract for a total authorized
amount not to exceed $211,700 for the 2011/12 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 $211,700 for the 2011/12 FY.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO CONTRACT
AGREEMENT on the date and year first written above.
ATTEST:
CITY OF DIAMOND BAR WEST COAST ARBORISTS, INC.
A Municipal Corporation Contractor
Of the State of California
Signed
Ling -Ling Chang
Title: Mayor
APPROVED TO FORM
Signed
Title
City Attorney City Clerk
MAINTENANCE SERVICES AGREEMENT FOR
TREE MAINTENANCE SERVICES
THIS AGREEMENT is made as of, U ne-.7 , 2011 by and between the City of Diamond
Bar, a municipal corporation ("City") and West Coast Arborists ("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 Tree Maintenance Services in the City of Diamond
Bar. The work to be performed shall be in accordance with the Request For Proposals (RFP) dated
April 28, 2011.
2. Incorporated Documents To Be Considered Complementary. The RFP (Exhibit "A") is
incorporated herein by reference and made a part hereof with like force and effect as if set forth in full
herein. The RFP, CONTRACTOR'S Proposal dated May 18, 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 herein, until June
30, 2012. 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 amount not to exceed the grand total of one hundred eighty-one thousand,
seven hundred dollars ($181,700.00) 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: WestCoast Arborists, Inc.
City of Diamond Bar 2200 E. Via Burton Street
21825 Copley Drive Anaheim, CA 92806
Diamond Bar, CA 91765-4178
1
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
2
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,
3
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 Option. The City Council shall have the option to extend this Agreement up to
six (6) additional one (1) year periods, subject to the same terms and conditions contained herein, by
giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the
expiration of the initial term of this Agreement, or of any additional one (1) year extensions.
In the event the City Council exercises its option to extend the term of this Agreement for one or more
additional one year periods, the Contractor's unit prices shall be subject to adjustment at the
commencement of the extended term and annually thereafter ("the adjustment date") as follows:
Any increase in compensation will be negotiated between the City and the contractor, with the
limits being no increase to a maximum of the cost of living.
The increase, if any, will be calculated with reference to cost of living during the previous year.
If the increase is approved by the City Council, the increase will be calculated by adding the
Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's
compensation as of the adjustment date by the percentage by which the Consumer Price
4
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 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.
5
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, 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
I
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.
„cit,,
ATTEST:
By:—
Tommye nbbwns, City ,C!erk
TITLE
CITY OF JXAMOND BAR
By:
ve Tye, ayor
State of California "CONTRACTOR'S" License No. 366764
CONTRACTOR'S Business Phone (714) 991-1900
Emergency Phone (866) LIMB -DOWN OR (866)546-2369
at which CONTRACTOR can be reached at any time.
7
City of Diamond Bar
Community Services Department
Schedule of Compensation
In conformity with the terms and conditions of the Tree Maintenance Contract,
WEST COAST ARBORISTS, INC. hereby proposes to the City of Diamond Bar the
following schedule of compensation:
DESCRIPTION UNIT UNIT PRICE
Annual Tree Trimming on Area basis -- per tree $ 40.00
(Minimum 500 trees)
SERVICE REQUESTS — Work performed on an individual basis
FULL TRIM
0-6" dbh
per tree
$ 40.00
7-16" dbh
per tree
$ 74,20
17-24" dbh
per tree
$ 80.10
25-36" dbh
per tree
$190.00
37" dbh & over
per tree
$195.40
QUANTITY DISCOUNT
per tree
$ 205.50
10 Trees within '/� Mile Radius
per tree
($) -0-
50 Trees within X2 Mile Radius
per tree
($) -0-
100 Trees within '/z Mile Radius
per tree
PALM TREE TRIMMING
Coco palm, any size
per tree
$ 40.00
Washingtonia palm, any size
per tree
$ 40.00
Canary Island Date Palm, any size
per tree
$138.00
TREE REMOVAL
Tree and stump removal
per diameter inch
$ 16.50
Tree removals over 36" dbh
per diameter inch
$ 23.00
Stump only removal
per inch
$ 5.75
PLANTING
15 gallon tree
per tree
$102.00
24 inch box tree
per tree
$ 205.50
36 inch box tree
per tree
$ 747.50
TREE WATERING
per day
$ 345.00
City of Diamond Bar Tree Maintenance Services RFP — 4/2B111
City of Diamond Bar
Tree Maintenance Contract
Page 2
CREW RENTAL
3 man crew with equipment per hour
2 man crew with equipment per hour
1 man crew with equipment per hour
EMERGENCY RESPONSE
3 -man crew with equipment
(Evening, weekend, or holiday call -out) per hour
TREE INVENTORY AND
SOFTWARE PACKAGE
GPS INVENTORY (Optional)
TREE INVENTORY UPDATES
SLOPE TREE PRUNING (3 -Man Crew)
$159.00
$106.00
$ 53.00
$ 229.35
per tree site $ 1.00
per tree site $ 2.30
per tree site $ -0-
per hour $159.00
WEST COAST ARBORISTS, INC. 5/23/11
(Company Reptsentative) Name of Company Date Submitted
It is intended that any other public agency (e.g., city, county district, public agency,
municipality, and other political subdivision or public corporation) shall have the
option to participate in any award made as a result of this solicitation at the same
prices. The City shall incur no financial responsibility In connection with any
purchase by another public agency. The public agency shall accept sole
responsibility for placing orders and making payments to the vendor.
City of Diamond Bar Tree Maintenance Services RFP —4/28/11
CITY COUNCIL
Agenda 6.9 (a,b,c)
Meeting Date: March 6, 2012
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: ORDINANCE NOS. XX(2012), Y(2012) AND XZ(2012) OF THE CITY
OF DIAMOND BAR ADOPTING ZONE CHANGE NO. 2007-04,
SPECIFIC PLAN NO. 2007-01 ("SITE D SPECIFIC PLAN") AND
DEVELOPMENT AGREEMENT NO. 2012-01
RECOMMENDATION:
Approve for Second Reading by title only, waive the full reading; and adopt.
FISCAL IMPACT:
The City has incurred approximately $300,000 in expenses directly related to the
processing of the Site D Specific Plan. Adoption these ordinances will enable the City
to recover these expenses upon the sale of Site D in accordance with Memorandum of
Understanding between the City of Diamond Bar and the Walnut Valley School District
dated July 1, 2007, as amended by the First Amendment dated November 4, 2008, the
Second Amendment dated September 15, 2010, the Third Amendment dated January
19, 2011 and the Fourth Amendment dated September 22, 2011.
BACKGROUND:
On February 21, 2012, the City Council approved the three referenced ordinances for
first reading by title only.
ENVIRONMENTAL REVIEW:
On February 21, 2012, the City Council adopted Resolution No. 2012-07 certifying
Environmental Impact Report No. 2007-02 (SCH No. 2008021014) and approving the
Mitigation Reporting and Monitoring Program and adopting Findings of Fact for the Site
D Specific plan, as well as all known related legislative and quasi-judicial actions
required to enact and implement the Site D Specific Plan;
PUBLIC NOTIFICATION:
Public hearing notices were mailed to property owners within a 1,000 -foot radius of the
project site on February 10, 2012, including all speakers who have previously testified
orally or in writing. The notice was published in the Inland Valley Daily Tribune and San
Gabriel Valley Tribune newspapers. The project site was posted with a notice display
ZC 2007-04, SP 2007-01, DA 2012-01 Page 1
board, and a copy of the public notice was posted at the City's three designated
community posting sites.
Prepared by:
Greg Gubman, AICP
Community Development Director
Attachments:
Reviewed by:
David Doyle
Assistant City Manager
1. Ordinance No. XX (2012) (Approval of Zone Change)
2. Ordinance No. XY (2012) (Approval of Specific Plan)
3. Ordinance No. XZ (2012) (Approval of Development Agreement)
ZC 2007-04, SP 2007-01, DA 2012-01 Page 2
ATTACHMENT 1
ORDINANCE NO. XX (2012)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE
CHANGE NO. 2007-04 CHANGING THE EXISTING ZONING TO SPECIFIC
PLAN (SP) FOR PROPERTY COMPRISED OF APPROXIMATELY 30.36
ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON
ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA
(ASSESSORS PARCEL NUMBER 8714-002-900, 8714-002-901, 8714-002-9029
8714-002-903 and 8714-015-001).
A. RECITALS
1. On July 1, 2007, the property owner/co-applicant, Walnut Valley School
District, and property owner/lead agency/co-applicant, City of Diamond
Bar, executed a Memorandum of Understanding whereby the parties
agreed to collaborate in a specific plan process in order to consider the
possible rezoning of the site consisting of approximately 30.36 acres, and
comprised of multiple parcels located at the southeast corner of Brea
Canyon Road and Diamond Bar Boulevard, City of Diamond Bar, County
of Los Angeles, California, collectively identified as Site D, so that both
parties may each advance their respective objectives for the disposition
and/or use of their respective property interests.
2. In accordance with the provisions of the California Environmental Quality
Act (CEQA) and its implementing guidelines (CEQA Guidelines), an
Environmental Impact Report (EIR) was prepared for the resulting Site D
specific plan project. The EIR included an analysis of both the proposed
project, subsequently identified as the March 2010 Site D Specific Pian,
and a number of alternatives thereto. The EIR concluded that, as
mitigated, the implementation of the proposed project would continue to
produce a number of significant environmental effects that could not be
reduced to a less -than -significant level.
3. As specified in the EIR, Alternative 6, identified as the January 2012 Site
D Specific Plan, was determined to be the environmentally -superior
feasible alternative since its implementation would allow for the attainment
of the project's stated objectives and would avoid or substantially lessen
the significant environmental impacts attributable to the proposed project.
4. CEQA contains a "substantive mandate" requiring public agencies to
refrain from approving projects with significant environmental effects if
there are feasible alternatives or mitigation measures" that can
substantially lessen or avoid those effects. CEQA Guidelines define the
term "feasible" as capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
1
ORDINANCE NO. (2012)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE
CHANGE NO. 2007-04 CHANGING THE EXISTING ZONING TO SPECIFIC
PLAN (SP) FOR PROPERTY COMPRISED OF APPROXIMATELY 30.36
ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON
ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA
(ASSESSORS PARCEL NUMBER 8714-002-900, 8714-002-901, 8714-002-902,
8714-002-903 and 8714-015-001).
A. RECITALS
1. On July 1, 2007, the property owner/co-applicant, Walnut Valley School
District, and property owner/lead agency/co-applicant, City of Diamond
Bar, executed a Memorandum of Understanding whereby the parties
agreed to collaborate in a specific plan process in order to consider the
possible rezoning of the site consisting of approximately 30.36 acres, and
comprised of multiple parcels located at the southeast corner of Brea
Canyon Road and Diamond Bar Boulevard, City of Diamond Bar, County
of Los Angeles, California, collectively identified as Site D, so that both
parties may each advance their respective objectives for the disposition
and/or use of their respective property interests.
2. In accordance with the provisions of the California Environmental Quality
Act (CEQA) and its implementing guidelines (CEQA Guidelines), an
Environmental Impact Report (EIR) was prepared for the resulting Site D
specific plan project. The EIR included an analysis of both the proposed
project, subsequently identified as the March 2010 Site D Specific Plan,
and a number of alternatives thereto. The EIR concluded that, as
mitigated, the implementation of the proposed project would continue to
produce a number of significant environmental effects that could not be
reduced to a less -than -significant level.
3. As specified in the EIR, Alternative 6, identified as the January 2012 Site
D Specific Plan, was determined to be the environmentally -superior
feasible alternative since its implementation would allow for the attainment
of the project's stated objectives and would avoid or substantially lessen
the significant environmental impacts attributable to the proposed project.
4. CEQA contains a "substantive mandate" requiring public agencies to
refrain from approving projects with significant environmental effects if
there are feasible alternatives or mitigation measures" that can
substantially lessen or avoid those effects. CEQA Guidelines define the
term "feasible" as capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
1
environmental, legal, social, and technological factors. In accordance
therewith, the City Council determined that, since the January 2012 Site D
Specific Plan would result in the avoidance or substantial reduction of
those significant environmental impacts attributable to the March 2010
Site D Specific Plan, is environmentally superior thereto, and is feasible,
the City Council identified Alternative 6 as the preferred project.
5. The City Council certified that the EIR was completed in compliance with
CEQA, that the EIR was presented to and reviewed by the Council, that
the Council considered the information contained therein, and that the EIR
reflected the Council's independent judgment and analysis. In accordance
with CEQA and the CEQA Guidelines, a resolution recommending
certification of the EIR, adoption of a mitigation reporting and monitoring
program, and adoption of findings of fact was approved by the City
Council prior to considering this resolution.
6. The January 2012 Site D Specific Plan, identified as Specific Plan No.
2007-01 (Site D Specific Plan), that is being reviewed concurrently with
this application, includes a land use plan that establishes planning areas
(Residential and Public Park/Open Space) and includes standards and
guidelines for future development of the specific plan site.
7. In recognition that no specific plan may be adopted or amended unless
the proposed plan or amendment unless it is consistent with the agency's
general plan, as specified herein, a consistency assessment has
conducted by the City Council and the Council concluded that Specific
Plan No. 2007-01 (Site D Specific Plan) is generally consistent with the
City of Diamond Bar General Plan.
8. The following approval is requested to the City Council:
(a) Approve Zone Change No. 2007-04 changing the zoning districts
from Low Density Residential (RL), Low/Medium Density Residential
(RLM), and Neighborhood Commercial (C-1) to Specific Plan (SP).
(b) Adopt Specific Plan No. 2007-01, imposing site-specific design and
development standards governing the approximately 30.36 acre
addressed therein.
9. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on
February 10, 2012. 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.
2
10. On April 13, April 27, and May 11, 2010, the Planning Commission of the
City of Diamond Bar conducted and concluded a duly noticed public
hearing on the application and approved Resolution No. 2010-13
recommending the City Council approve Zone Change No. 2007-04. Prior
to recommending that the City Council approve the March 2010 Site D
Specific Plan—with the addition of a neighborhood park—and correlated
zone change, the Planning Commission considered several alternative
land use plans set forth in the EIR, including all -residential, and mixed-use
alternatives.
11. On June 15, 2010, the City Council of the City of Diamond Bar conducted
a duly noticed public hearing, solicited testimony from all interested
individuals, and continued the matter to July 20, October 19, November
16, December 7 and on December 21, 2010 closed the public hearing.
12. On February 21, 2012, the City Council of the City of Diamond Bar opened
the public hearing, conducted a duly noticed public hearing on the project
and on the EIR, and fully considered the comments submitted during that
hearing, including the Council's own deliberations. On March 6, 2012, the
City Council completed the second reading of this Ordinance.
13. The City Council has determined that the proposed Zone Change
represents a consistent, logical, appropriate and rational land use
designation and implementing tool that furthers the goals and objectives of
the City of Diamond Bar General Plan.
14. 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, 21810 Copley Drive, Second Floor, Diamond Bar, CA 91765.
B. NOW. THEREFORE, the City Council of the City of Diamond Bar does hereby
ordain as follows:
1. The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Ordinance are true and correct.
2. The City Council finds that the initial study prepared for the project
identified above in this Resolution concluded that an Environmental
Impact Report (EIR) No. 2007-02 (SCH No. 2008021014) be prepared.
An EIR has been prepared according to the requirements of the California
Environmental Quality Act (CEQA) and CEQA Guidelines promulgated
thereunder. On February 21, 2012, the City Council reviewed the EIR and
adopted Resolution No. 2012-07 certifying the EIR as complete and
adequate after conducting and concluding a duly noticed public hearing.
Eta
3. This City Council does hereby find, as required by Municipal Code Section
22.70.050 and in conformance with California Government Code Section
65853 and 65860, that the Zone Change No. 2007-04 is consistent with
the General Plan, as follows:
a. The amendment to the Zoning Map is internally consistent with the
General Plan and the adopted goals and policies of the City.
b. The Zoning Map does not presently reflect the General Plan
designation for the property. Zone Change No. 2007-04 will place
the City's Zoning Map in conformance with the General Plan by
designating the Property as SP (Specific Plan), with sub -areas
corresponding to those in the Site D Specific Plan. The existing
approximate 30.36 acres located at the southeast corner of Brea
Canyon Road and Diamond Bar Boulevard (Assessors Parcel
Numbers 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-
903, and 8714-015-001) shall have a zoning designation of SP —
Specific Plan.
4. The City Council does hereby approve Zone Change No. 2007-04 based
on the above findings, as required by Municipal Code Section 22.70.050
and in conformance with California Government Code Sections 65853 and
65860.
5. The Community Development Director shall modify the Official Zoning
Map in accordance with this ordinance to indicate thereon that the real
property legally described in Exhibits A-1 through A-4 as attached herein
is within the Site D Specific Plan.
The City Council shall:
(a) Certify to the adoption of this Ordinance; and
(b) Forthwith transmit a certified copy of this Ordinance, by certified mail, to:
Walnut Valley Unified School District, 880 South Lemon Avenue, Walnut,
CA 91789.
M
APPROVED AND ADOPTED THIS 6" DAY OF MARCH 2012, BY THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR.
LTJ
Ling -Ling Chang, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 216t day of February and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the 6th day of
March, 2012, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tommye Cribbins, City Clerk
EXHIBIT A-1.
LEGAL DESCRIPTION OF SCHOOL PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL I:
THAT PORTION OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 (BREA CANYON
CHANNEL) OF TRACT 27577, AS PER MAP RECORDED IN BOOK 702,PAGES 22 TO 25
INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, DISTANT THEREON NORTH 3(141' 18"
EAST 245.38 FEET FROM THE SOUTHWESTERLY "TERMINUS OF THAT CERTAIN COURSE
SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 3Ci41'18" EAST
745.38 FEET; THENCE SOUTH 5'18'42" EAST 235.80 FEET; THENCE SOUTH 711)0'13" EAST
580.00 FEET; THENCE SOUTH 3400'00" EAST, 120.00 FEET; THENCE NORTH 56`00'00" EAST
340.00 FEET; THENCE NORTH 4$00'00" EAST 980.00 FEET; THENCE NORTH 2$07'43"WEST
570.00 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF DIAMOND BAR BOULEVARD,
AS SHOWN ON MAP OF TRACT 25991, AS PER MAP RECORDED IN BOOK 702 PAGES 16 TO
21 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; SAID POINT BEING ON A CURVE
CONCAVE NORTHWESTERLY AND RAVING A RADIUS OF 2050.00 FEET, A RADIAL LINE
TO SAID POINT BEARS SOUTH 2$07'43" EAST; THENCE SOUTHWESTERLY ALONG SAID
CURVE, ALONG THE SOUTHEASTERLY LINE OF SAID DIAMOND BAR BOULEVARD;
THROUGH A CENTRAL ANGLE OF X11'33" AN ARC DISTANCE OF 150.00 FEET; THENCE
TANGENT TO SAID LAST MENTIONED CURVE, ALONG THE SOUTHEASTERLY LINE OF
SAID DIAMOND BAR BOULEVARD SOUTH 66003'50" WEST 875.89 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 1050.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, ALONG TBE
SOUTHEASTERLY LINE OF SAID DIAMOND BAR BOULEVARD, THROUGH A CENTRAL
ANGLE OF 2(150'10" AN ARC DISTANCE OF 381.83 FEET TO THE NORTHEAST CORNER OF
SAID LOT 76; THENCE SOUTH Kftl'18" WEST, ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 76, 500.00 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION OF SAID SECTION 29 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 OF TRACT 27577, AS
PER MAP RECORDED IN BOOK 702 PAGES 22 TO 25 INCLUSIVE OF MAPS, RECORDS OF
SAID COUNTY, DISTANT THEREON NORTH 30'41'18" EAST 259.67 FEET FROM TIME
SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF
NORTH 3(141'18" EAST AND A DISTANCE OF 745.38 FEET; THENCE CONTINUING ALONG
11
THE SOUTHEASTERLY LINE OF SAID LOT 76, NORTH 304118" EAST 485.71 FEET TO THE
SOUTHERLY LINE OF DIAMOND BAR BOULEVARD, AS SHOWN ON MAP OF SAID TRACT
27577; SAID SOUTHERLY LINE BEING A CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 1050.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 4'21'50" AN ARC DISTANCE OF 79:97 FEET; THENCE SOUTH 304118"
WEST 527.99 FEET TO A LINE THAT BEARS SOUTH 63 6'06" EAST FROM THE POINT OF
BEGINNING; THENCE NORTH 6n6'06" WEST 64.82 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT THEREFROM SAID LAND ALL OIL, GAS AND OTHER HYDROCARBONS
AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF
SAID LAND FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF SUCH SUBSTANCES,
PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND ALL OTHER SURFACE
FACILITIES SHALL BE LOCATED ON LAND OTHER THAN DESCRIBED HEREIN, AND
SHALL NOT PENETRATE ANY PART OF PORTION OF THE ABOVE DESCRIBED REAL
PROPERTY WITHIN 500 FEET OF THE SURFACE THEREOF, AND ALL OF THE RIGHTS SO
TO REMOVE SUCH SUBSTANCES ARE HEREBY SPECIFICALLY RESERVED, INCLUDING
THE RIGHT TO DRILL FOR, PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN
CONNECTION WITH SUCH OPERATIONS, AS EXCEPTED AND RESERVED BY
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION WHICH ACQUIRED TITLE.
AS CAPITAL COMPANY, A CORPORATION, IN DEED RECORDED AUGUST 12, 1964 AS
INSTRUMENT NO. 1.401.
PARCEL 2:
THAT PORTION OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO
BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 OF TRACT27577, AS
PER MAP RECORDED IN BOOK 702, PAGES 22 TO 25, INCLUSIVE OF MAPS, RECORDS OF
SAID COUNTY, DISTANT THEREON NORTH 304118" EAST 259.67 FEET FROM THE
SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF
NORTH 3(141'18" EAST AND A DISTANCE OF 745.38 FEET; THENCE CONTINUING ALONG
THE SOUTHEASTERLY DINE OF SAID LOT 76, NORTH: 3AI'1.8" EAST, 485.71 FEET TO THE
SOUTHERLY LINE OF DIAMOND BAR BOULEVARD, AS SHOWN ON MAP OF SAID TRACT
27577, SAID SOUTHERLY LINT?) BEING A CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 1050.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH CENTRAL
ANGLE OF f41'50" AN ARC DISTANCE OF 79.97 FEET; THENCE SOUTH 3(141'18" WEST
527.99 FEET TO A LINE THAT BEARS SOUTH 63`6'06" EAST FROM THE POINT OF
BEGINNING; THENCE NORTH 636'06" WEST 64.82 FEET TO THE POINT OF BEGINNING.
2
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN OR THEREUNDER, 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; TOGETHER WITH THE RIGHT TO
STORE, 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 THEREON 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 LAND, WITH THE FURTHER 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, 1776 IN BOOK D4407 PAGE 591, OFFICIAL
RECORDS.
SAID INTEREST WAS CONVEYED TO TRANSAMERICA MINERALS COMPANY, A
CALIFORNIA CORPORATION, BY DEED RECORDED JUNE 20, 1985 AS INSTRUMENT NO,
85-74005.
AN INSTRUMENT PURPORTEDLY QUITCLAIMING, RELEASING AND SURRENDERING
ONLY THE SURFACE RIGHTS TO A DEPTH OF 500 FEET AND PROVIDING FOR REMOVAL
OF ALL GAS, MINERALS AND HYDROCARBONS BELOW SAID DEPTH AS CONVEYED TO
TRANSAMERICA DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION BY DEED
RECORDED JANUARY 5, 1.987 AS INSTRUMENT NO, 87-10522,
3
EXHIBIT A-2
MAP OF SCHOOLPROPFRTY
6,491""'
R- 0 0a•`.
r �66g5a
tm18.2s'2Q"
POR, SEC, 29
�w f y ' R=lasa.aa' T 2 ryl W, sj\.li
L�aQ1.ar
�^�� ,3 R=1950.90'
L=79.97' PARCEL 1
64!' .ro^ PARCEL 2 28.01 ACRES /,4 0
0.75 ACRES Alp
m
Pkg-oO �F
LEGAL DESCRIPTION OF CITY PROPERTY
s. . .- .!■
CALIFORNIA,ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES, STATE
OF • • AS FOLLOWS:
THAT PORTION OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER RECORD OF
SURVEY, FILED IN BOOK 76 PAGES 51 THROUGH 56 INCLUSIVE OF RECORD OF SURVEY, IN
THE. OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
BEING DESCRIBED AS FOLLOWS:
1 • '!y 1 • ! b x'• C! ! i •'
• ! ! • 1 ! • i) • !' Y
x !
LYING BELOW SURFACE OF SAID• or 1
PROVIDED IN DEEDS OF RECORD.
E BIT A -G4
MAP OF CITY" PROPERTY
U
ATTACHMENT
ORDINANCE NO. XY (2012)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING THE SITE D
SPECIFIC PLAN (SPECIFIC PLAN NO. 2007-01) FOR PROPERTY
COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE
SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR
BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSOR'S PARCEL
NUMBERS 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903, and
8714-015-001).
A. RECITALS
1. On July 1, 2007, the property owner/co-applicant, Walnut Valley School
District, and property owner/lead agency/co-applicant, City of Diamond
Bar (City), executed a Memorandum of Understanding whereby the
parties agreed to collaborate in a specific plan process in order to consider
the possible rezoning of the site consisting of approximately 30.36 acres,
and comprised of multiple parcels located at the southeast corner of Brea
Canyon Road and Diamond Bar Boulevard, City of Diamond Bar, County
of Los Angeles, California, collectively identified as Site D, so that both
parties may each advance their respective objectives for the disposition
and/or use of their respective property interests.
2. Under the authority of Development Code Section 22.60.040 and
Government Code Section 65451, Specific Plan 2007-01 (Site D Specific
Plan), was crafted to establish land use and development regulations
uniquely applicable to Site D.
3. In accordance with the provisions of the California Environmental Quality
Act (CEQA) and its implementing guidelines (CEQA Guidelines), an
Environmental Impact Report (EIR) was prepared for Specific Plan No.
2007-01. The EIR included an analysis of both the then proposed project,
subsequently identified as the March 2010 Site D Specific Plan, and a
number of alternatives thereto. The EIR concluded that, as mitigated, the
implementation of the proposed project would produce a number of
significant environmental effects that could not be reduced to a less -than -
significant level.
4. On April 13, April 27, 2010 and May 11, 2010, the Planning Commission
of the City of Diamond Bar (Planning Commission) conducted and
concluded a duly noticed public hearing on the application and approved
Resolution No. 2010-14 recommending that the City Council of the City of
Diamond Bar (City Council) approve Specific Plan No. 2007-01, as
conditioned. Prior to making its recommendation, the Planning
ORDINANCE NO. (2012)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING THE SITE D
SPECIFIC PLAN (SPECIFIC PLAN NO. 2007-01) FOR PROPERTY
COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE
SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR
BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSOR'S PARCEL
NUMBERS 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903, and
8714-015-001).
A. RECITALS
1. On July 1, 2007, the property owner/co-applicant, Walnut Valley School
District, and property owner/lead agency/co-applicant, City of Diamond
Bar (City), executed a Memorandum of Understanding whereby the
parties agreed to collaborate in a specific plan process in order to consider
the possible rezoning of the site consisting of approximately 30.36 acres,
and comprised of multiple parcels located at the southeast corner of Brea
Canyon Road and Diamond Bar Boulevard, City of Diamond Bar, County
of Los Angeles, California, collectively identified as Site D, so that both
parties may each advance their respective objectives for the disposition
and/or use of their respective property interests.
2. Under the authority of Development Code Section 22.60.040 and
Government Code Section 65451, Specific Plan 2007-01 (Site D Specific
Plan), was crafted to establish land use and development regulations
uniquely applicable to Site. D.
3. In accordance with the provisions of the California Environmental Quality
Act (CEQA) and its implementing guidelines (CEQA Guidelines), an
Environmental Impact Report (EIR) was prepared for Specific Plan No.
2007-01. The EIR included an analysis of both the then proposed project,
subsequently identified as the March 2010 Site D Specific Plan, and a
number of alternatives thereto. The EIR concluded that, as mitigated, the
implementation of the proposed project would produce a number of
significant environmental effects that could not be reduced to a less -than -
significant level.
4. On April 13, April 27, 2010 and May 11, 2010, the Planning Commission
of the City of Diamond Bar (Planning Commission) conducted and
concluded a duly noticed public hearing on the application and approved
Resolution No. 2010-14 recommending that the City Council of the City of
Diamond Bar (City Council) approve Specific Plan No. 2007-01, as
conditioned. Prior to making its recommendation, the Planning
Commission considered several alternative land use plans set forth in the
EIR, including various all -residential and mixed-use scenarios.
5. Planning Commission Resolution No. 2010-14 included a
recommendation to incorporate a 1.3 net acre usable neighborhood public
park within the Site D area with features such as, but not limited to, a tot
lot, picnic tables, seating areas and shade structures. In addition, the
Planning Commission recommended that the park be constructed to City
standards and then dedicated to the City.
6. On June 15, 2010, the City Council conducted a duly noticed public
hearing, solicited testimony from all interested parties, and continued the
matter to July 20, October 19, November 16, December 7, and on
December 21, 2010 closed the public hearing.
7. As specified in the EIR, Alternative 6, identified as the January 2012 Site
D Specific Plan, was determined to be the environmentally -superior
feasible alternative since its implementation would allow for the attainment
of the project's stated objectives and would avoid or substantially lessen
the significant environmental impacts attributable to the proposed project.
8. CEQA contains a "substantive mandate" requiring public agencies to
refrain from approving projects with significant environmental effects if
there are feasible alternatives or mitigation measures that can
substantially lessen or avoid those effects. CEQA Guidelines define the
term "feasible" as capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
environmental, legal, social, and technological factors. In accordance
therewith, the City Council determined that, since the January 2012 Site D
Specific Plan would result in the avoidance or substantial reduction of
those significant environmental impacts attributable to the March 2010
Site D Specific Plan, is environmentally superior thereto, and is feasible,
the City Council identified Alternative 6 as the preferred project.
9. Based on the information presented in the EIR, the comments submitted
and responses prepared in response thereto, the recommendations of the
Planning Commission, and the independent deliberations of the City
Council, the City Council subsequently rejected the March 2010 Site D
Specific Plan based on environmental and other considerations and has
elected to advance Alternative 6 (January 2012 Site D Specific Plan) in
lieu thereof. Subsequent references to Specific Plan No. 2007-01 or to
the Site D Specific Plan herein are with regards to the January 2012 Site
D Specific Plan.
10. The City Council has certified that the EIR was completed in compliance
with CEQA, that the EIR was presented to and reviewed by the City
Council, that the City Council considered the information contained
2
therein, and that the EIR reflected the City Council's independent
judgment and analysis. In accordance with CEQA and the CEQA
Guidelines, a resolution recommending certification of the EIR, adoption of
a mitigation reporting and monitoring program, and adoption of findings of
fact was approved by the City Council prior to the City Council's
consideration of this ordinance.
11. Specific Plan No. 2007-01 is being reviewed by the City Council
concurrently with General Plan Amendment No. 2007-03, Zone Change
No. 2007-04, and Development Agreement No. 2012-01.
12. Adoption by the City Council of Specific Plan No. 2007-01 will enable the
City to impose site-specific land use, design, and development standards
govern the build -out, use, and habitation of Site D.
13. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on
February 10, 2012. 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
general project vicinity.
14. On February 21, 2012, the City Council re -opened the public hearing,
conducted a duly noticed public hearing on the project and on the EIR,
took testimony, and fully considered the comments submitted during that
hearing, including the City Council's own deliberations. On March 6,
2012, the City Council completed the second reading of this Ordinance.
15. The City Council has determined that the proposed Specific Plan
represents a consistent, logical, appropriate and rational land use
designation and implementing tool that furthers the goals and objectives of
the City of Diamond Bar General Plan (General Plan).
16. 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, 21810 Copley Drive, Second Floor, Diamond Bar, CA 91765.
B. NOW. THEREFORE, the City Council of the City of Diamond Bar does hereby
ordain as follows:
1. The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Ordinance are true and correct.
2. The City Council finds that the initial study prepared for the project
identified above in this Ordinance concluded that an Environmental Impact
3
Report (EIR) No. 2007-02 (SCH No. 2008021014) be prepared. An EIR
was subsequently prepared according to the requirements of CEQA and
CEQA Guidelines promulgated thereunder. On February 21, 2012, the
City Council reviewed the EIR and adopted Resolution No. 2012-07
certifying the EIR as complete and adequate after conducting and
concluding a duly noticed public hearing.
3. Based on the findings and conclusions set forth herein, the City Council
hereby finds as follows:
a. As conditioned, the Site D Specific Plan authorizes the conversion of
vacant land comprised of approximately 30.36 acres located at the
southeast corner of Brea Canyon Road and Diamond Bar Boulevard
(Assessor's Parcel Numbers 8714-002-900, 8714-002-901, 8714-
002-902, 8714-002-903 and 8714-015-001) to a developable use
consisting of 200 residential dwelling units and a minimum of two net
acres of useable neighborhood public park area.
b. The current General Plan land use designations for the site include
Public Facility (PF) and General Commercial (C). General Plan
Amendment No. 2007-03 being considered concurrently with the Site
D Specific Plan proposes to change the land use designation of Site
D to Specific Plan. With approval of the General Plan Amendment,
the Site D Specific Plan will be consistent with the underlying General
Plan land use designation.
c. The project site is zoned Low Density Residential (RL), Low/Medium
Density Residential (RLM), and Neighborhood Commercial (C-1).
Zone Change No. 2007-04 being considered concurrently with the
Site D Specific Plan proposes to change the zoning designation of
Site D to SP -Specific Plan. With approval of the zone change, the
Site D Specific Plan will be in conformance with the underlying
zoning designation.
Specific Plan: Pursuant to Development Code Section 22.60.040 and
Government Code Section 65451, the City Council finds as follows:
a. Specific Plan No. 2007-01 contains plans showing the distribution,
location and extent of the uses of land, including open space;
b. The proposed distribution, location, and intensity of major
components of public and private transportation, sewage, water,
drainage, solid waste disposal, energy, and other essential facilities
proposed to be located within the area covered by the plan and
needed to support the land uses are described in the plan;
F1
c. Specific Plan No. 2007-01 includes standards and criteria for
development to proceed, and standards for the conservation,
development, and utilization of natural resources;
d. Specific Plan No. 2007-01 includes a program of implementation
measures including regulations and performance standards to carry
out the project; and
e. Specific Plan No. 2007-01 includes a statement attesting to the
consistency of the Site D Specific Plan with the General Plan.
4. Based on the findings and conclusions set forth above, the City Council
approves Specific Plan No. 2007-01 attached herein as Exhibit A with the
following conditions:
a. GENERAL
1. This approval for Specific Plan No. 2007-01 shall be null and
void and of no effect unless the EIR (SCH No. 2008021014) is
first certified, the mitigation reporting and monitoring program;
and findings of facts are previously adopted, and General Plan
Amendment No. 2007-03, Zone Change No. 2007-04, and
Development Agreement No. 2012-01 are approved;
2. Unless subsequently modified by the City Council, in addition to
the conditions in this Ordinance, all of approval/performance
standards attached hereto as Exhibit B shall be complied with;
and
3. Unless subsequently modified by the City Council, the project
shall comply with the mitigation reporting and monitoring
program presented in EIR 2007-02 (SCH No. 2008021014). A
copy is attached hereto and referenced herein as Exhibit C.
The City Council shall:
(a) Certify to the adoption of this Ordinance; and
(b) Forthwith transmit a certified copy of this Ordinance, by certified mail, to:
Walnut Valley Unified School District, 880 South Lemon Avenue, Walnut,
CA 91789.
APPROVED AND ADOPTED THIS 6" DAY OF MARCH 2012, BY THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR.
Ling -Ling Chang, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 21St day of February, 2012, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the 6th day of
March, 2012 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
R
Tommye Cribbins, City Clerk
EXHIBIT "A"
Site D Specific Plan
Copies of the Site D Specific Plan, dated January 2012, are available for public
inspection and review at the City Clerk's Office in City Hall, the Diamond Bar Public
Library, and online at www.DiamondBarCa.gov
ATTACHMENT
ORDINANCE NO. XZ (2012)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING
DEVELOPMENT AGREEMENT NO. 2012-01, FOR PROPERTY COMPRISED
OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST
CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD,
DIAMOND BAR, CALIFORNIA (ASSESSOR'S PARCEL NUMBERS 8714-002-
900,8714-002-901,8714-002-902,8714-002-903, and 8714-015-001).
A. RECITALS
1. On July 1, 2007, the property owner/co-applicant, Walnut Valley School
District, and property owner/lead agency/co-applicant, City of Diamond
Bar (City), executed a Memorandum of Understanding whereby the
parties agreed to collaborate in a specific plan process in order to consider
the possible rezoning of the site consisting of approximately 30.36 acres,
and comprised of multiple parcels located at the southeast corner of Brea
Canyon Road and Diamond Bar Boulevard, City of Diamond Bar, County
of Los Angeles, California, collectively identified as Site D, so that both
parties may each advance their respective objectives for the disposition
and/or use of their respective property interests.
2. Pursuant to Government Code Section 65864, et seq., the City is
authorized to enter into development agreements with persons having
legal or equitable development interests in real property located within the
City.
3. Pursuant to Development Code Section 22.62 and Government Code
Section 65865, the City has adopted rules and regulations for
consideration of development agreements.
4. The City of Diamond Bar is entering into a Development Agreement with
the Walnut Valley Unified School District for the purpose of establishing an
agreement between the City and Walnut Valley Unified School District
setting forth obligations and benefits to the respective parties.
5. The January 2012 Site D Specific Plan, identified as Specific Plan No.
2007-01 (Site D Specific Plan), that is being reviewed concurrently with
this application, includes a land use plan that establishes planning areas
(Residential and Public Park/Open Space) and includes standards and
guidelines for future development of the specific plan site.
6. As specified in the EIR, Alternative 6, identified as the January 2012 Site
D Specific Plan, was determined to be the environmentally -superior
feasible alternative since its implementation would allow for the attainment
ORDINANCE NO. (2012)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING
DEVELOPMENT AGREEMENT NO. 2012-01, FOR PROPERTY COMPRISED
OF APPROXIMATELY 30.36 ACRES LOCATED AT THE SOUTHEAST
CORNER OF BREA CANYON ROAD AND DIAMOND BAR BOULEVARD,
DIAMOND BAR, CALIFORNIA (ASSESSOR'S PARCEL NUMBERS 8714-002-
900, 8714-002-901, 8714-002-902, 8714-002-903, and 8714-015-001).
A. RECITALS
1. On July 1, 2007, the property owner/co-applicant, Walnut Valley School
District, and property owner/lead agency/co-applicant, City of Diamond
Bar (City), executed a Memorandum of Understanding whereby the
parties agreed to collaborate in a specific plan process in order to consider
the possible rezoning of the site consisting of approximately 30.36 acres,
and comprised of multiple parcels located at the southeast corner of Brea
Canyon Road and Diamond Bar Boulevard, City of Diamond Bar, County
of Los Angeles, California, collectively identified as Site D, so that both
parties may each advance their respective objectives for the disposition
and/or use of their respective property interests.
2. Pursuant to Government Code Section 65864, et seq., the City is
authorized to enter into development agreements with persons having
legal or equitable development interests in real property located within the
City.
3. Pursuant to Development Code Section 22.62 and Government Code
Section 65865, the City has adopted rules and regulations for
consideration of development agreements.
4. The City of Diamond Bar is entering into a Development Agreement with
the Walnut Valley Unified School District for the purpose of establishing an
agreement between the City and Walnut Valley Unified School District
setting forth obligations and benefits to the respective parties.
5. The January 2012 Site D Specific Plan, identified as Specific Plan No.
2007-01 (Site D Specific Plan), that is being reviewed concurrently with
this application, includes a land use plan that establishes planning areas
(Residential and Public Park/Open Space) and includes standards and
guidelines for future development of the specific plan site.
6. As specified in the EIR, Alternative 6, identified as the January 2012 Site
D Specific Plan, was determined to be the environmentally -superior
feasible alternative since its implementation would allow for the attainment
of the project's stated objectives and would avoid or substantially lessen
the significant environmental impacts attributable to the proposed project.
7. CEQA contains a "substantive mandate" requiring public agencies to
refrain from approving projects with significant environmental effects if
there are feasible alternatives or mitigation measures" that can
substantially lessen or avoid those effects. CEQA Guidelines define the
term "feasible" as capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
environmental, legal, social, and technological factors. In accordance
therewith, the City Council determined that, since the January 2012 Site D
Specific Plan would result in the avoidance or substantial reduction of
those significant environmental impacts attributable to the March 2010
Site D Specific Plan, is environmentally superior thereto, and is feasible,
the City Council identified Alternative 6 as the preferred project.
8. The City Council certified that the EIR was completed in compliance with
CEQA, that the EIR was presented to and reviewed by the Council, that
the Council considered the information contained therein, and that the EIR
reflected the Council's independent judgment and analysis. In accordance
with CEQA and the CEQA Guidelines, a resolution recommending
certification of the EIR, adoption of a mitigation reporting and monitoring
program, and adoption of findings of fact was approved by the City
Council prior to considering this resolution.
9. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on
February 10, 2012. 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.
10. 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, 21810 Copley Drive, Diamond Bar, CA 91765.
B. NOW, THEREFORE, the City Council does hereby ordain as follows:
1. The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Ordinance are true and correct.
2. The City Council finds that the initial study prepared for the project
identified above in this Resolution concluded that an Environmental
Impact Report (EIR) No. 2007-02 (SCH No. 2008021014) be prepared.
2
An EIR has been prepared according to the requirements of the California
Environmental Quality Act (CEQA) and CEQA Guidelines promulgated
thereunder. On February 21, 2012, the City Council reviewed the EIR and
adopted Resolution No. 2012-07 certifying the EIR as complete and
adequate after conducting and concluding a duly noticed public hearing.
3. In accordance with Development Code Section 22.62.030(e) (Findings),
the City Council makes the following findings of fact regarding the
Development Agreement 2012-01:
a. The Development Agreement, attached hereto as Exhibit 1, would be
in the best interests of the city; is consistent with the General Plan,
proposed Specific Plan and the Development Code; and would
promote the public interest and welfare of the city.
b. The Development Agreement is in compliance with the conditions,
requirements, restrictions, and terms of Development Code Sections
22.62.030(d) (Terms and Conditions) and 22.62.040 (Content of
Development Agreement), because the agreement contains all the
mandatory provisions and permissive content required by
Government Code Section 65865.2.
The City Council shall:
(a) Certify to the adoption of this Ordinance; and
(b) Forthwith transmit a certified copy of this Ordinance, by certified mail, to:
Walnut Valley Unified School District, 880 South Lemon Avenue, Walnut,
CA 91789.
APPROVED AND ADOPTED THIS 6th DAY OF MARCH 2012, BY THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR.
By:
Ling -Ling Chang, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 21St day of February, 2012 and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the 65t day of
March, 2012, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
12
Tommye Cribbins, City Clerk
EXHIBIT 1
DEVELOPMENT AGREEMENT
(Site D)
BY AND BETWEEN
CITY OF DIAMOND BAR
and
WALNUT VALLEY UNIFIED SCHOOL DISTRICT
DATED 2012
TABLE OF CONTENTS
Paae
1. DEFINITIONS..........................................................................................................3
2. THE DEVELOPMENT AGREEMENT PROCESS ....................................................
7
2.1
Statement of Benefits and Consideration......................................................7
2.2
Public Hearings............................................................................................
8
2.3
City Council Findings....................................................................................
9
2.4
Property........................................................................................................9
2.5
The Project.. .......... ............................................................ ...
- ..... .......... - 9
2.6
Current Project Approvals.............................................................................9
3. VESTED
DEVELOPMENT RIGHTS.......................................................................
10
3.1
Vested Rights to Develop...........................................................................
10
3.2
Timing of Development...............................................................................
12
3.3
Other Rights...............................................................................................13
3.4
Reservations of Power................................................................................14
3.5
Regulation by Other Public Agencies..........................................................16
3.6
Agreement and Assurances on the Part of Owner ......................................
17
3.7
Public Benefits............................................................................................
17
3.8
Public Improvements and Utilities...............................................................
18
4. ASSIGNMENT, AMENDMENT AND REVIEW.......................................................20
4.1
Assignment.................................................................................................20
4.2
Changes and Amendments to the Project ...................................................
24
4.3
Annual/Special Review...............................................................................26
5. DEFAULT, REMEDIES AND TERMINATION........................................................
28
5.1
Enforceability..............................................................................................28
5.2
Termination of Agreement..........................................................................
32
6. GENERAL PROVISIONS.......................................................................................33
6.1
Term...........................................................................................................33
6.2
Approval Procedure: Recordation...............................................................34
6.3
Cooperation and Implementation................................................................34
6.4
Legal Challenges........................................................................................35
6.5
Indemnity....................................................................................................
36
6.6
Notices.......................................................................................................
37
6.7
No Third Party Beneficiaries.......................................................................38
6.8
Time of Essence. .........................................................................
- ............. 38
6.9
Modification, Amendment or Extension.......................................................
38
6.10
Conflicts of Law..........................................................................................39
6.11
Waiver........................................................................................................39
6.12
Successors and Assigns.............................................................................
39
6.13
Governing State Law..................................................................................40
6.14
Constructive Notice and Acceptance..........................................................
40
6.15
Statement of Compliance...........................................................................40
6.16
Mortgagee Protection.................................................................................41
6.17
Covenant of Good Faith and Fair Dealing...................................................42
6.18
Covenant of Cooperation............................................................................42
Page
6.19
Justifiable Reliance.....................................................................................42
6.20
Project Is Private Undertaking....................................................................42
6.21
Further Actions and Instruments.................................................................43
6.22
Section Headings.......................................................................................43
6.23
Enforced Delay (Force Majeure)...... ...................... ........
........................... 43
6.24
Emergency Circumstances.........................................................................45
6.25
Severability.................................................................................................46
6.26
Interpretation..............................................................................................46
6.27
Counterparts...............................................................................................46
6.28
Entire Agreement........................................................................................46
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of the
day of , 2012, by and between the CITY OF DIAMOND BAR, a California municipal
corporation ("City"), and the WALNUT VALLEY UNIFIED SCHOOL DISTRICT, a school district
organized under the California Education Code ("Owner").
RECITALS
A. Owner is the owner of that certain real property in the City of Diamond Bar,
County of Los Angeles, State of California, commonly known as Site D, more fully described in
Exhibit "A" hereto (the "Property"),
B. The City is authorized to enter into development agreements with persons having
legal or equitable development interests in real property located within the City pursuant to
Government Code Section 65864, et seq.
C. The City has adopted rules and regulations for consideration of development
agreements, pursuant to Government Code Section 65865, in Chapter 22.62 of the Diamond
Bar Municipal Code.
D. Owner has requested the City to enter into a development agreement with the
Owner, and proceedings have been undertaken in accordance with Chapter 22.62 of the
Diamond Bar Municipal Code.
E. The terms and conditions of this Agreement have been found by the City to be
fair, just and reasonable, and prompted by the unique planning considerations presented by the
Property and the public benefits to adhere in the City.
1
F. The public health, safety and welfare of the residents of the City will be served by
entering into this Agreement due to the fact that the project, as described in Exhibit "B", will
provide for the development of the site with open space (park) and residential units (the
"Project").
G. This Agreement will bind future City Councils to the terms and obligations
specified in this Agreement and limit, to the degree specified in this Agreement, the future
exercise of the City's ability to regulate development on the Property.
H. This Agreement and the Project will serve to implement the policies, objectives,
and standards of the elements of the City of Diamond Bar General Plan and the Site D Specific
Plan and is consistent with the General Plan and the Site D Specific Plan. For example:
• The Project contributes to the diversity of the City's housing stock in order to provide
attractive housing which accommodates people of all ages, cultures, occupations and
levels of financial status;
• The Project will provide vesting to develop 200 new housing units within the City, thus
helping the City to respond to the identified housing demand outlined in the current
Regional Housing Needs Assessment (RHNA) and the City's certified and adopted
2008-2014 Housing Element Update. These vested housing units represent about 18.5
percent of the projected housing needs the current Housing Element cycle;
• The Project creates a community environment which nurtures social and recreational
opportunities for its residents. A neighborhood public park space of 2.0 net usable acres
is to be incorporated into the residential development;
2
• The Project offers an aesthetically pleasing development incorporating community
identity through an entry feature at the corner of Brea Canyon Road and Diamond Bar
Boulevard to mark the entrance into the City;
The Project incorporates land use principles such as green building strategies and
facilitates energy conservation.
K. This Agreement and the consent of Owner and City to each of its terms and
conditions will eliminate uncertainty in planning and provide for the orderly, development of the
Property, eliminate uncertainty about the validity of exactions imposed by the City, ensure timely
installation of necessary improvements, and generally serve the public interest
AGREEMENT
NOW THEREFORE, in consideration of the above recitals, the mutual covenants and
conditions herein contained, and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties agree as follows:
1. DEFINITIONS
For purposes of this Agreement, except as otherwise expressly provided or unless the
context otherwise requires:
Owner.
"Agreement" means this Development Agreement by and between the City and
"Approval Date" means the date on which the Approval Ordinance is adopted by the
City Council.
"Approval Ordinance" means Ordinance No. 03(2012), adopted by the City Council of
the City on March 6, 2012, approving this Agreement.
3
"Approved Uses" means those uses permitted for the Project by the Project Approvals.
"City" means the City of Diamond Bar, California.
"City Council" means the City Council of the City of Diamond Bar.
"CEQA" means the California Environmental Quality Act, Section 21000, et seq., of the
California Public Resources Code.
"Code" means the Municipal Code of the City of Diamond Bar.
"Commencement Date" means that date which is 30 days following the Approval Date,
provided, however, (i) if the Approval Ordinance is made the subject of a referendum or other
judicial or administrative challenge to its effectiveness, the Commencement Date shall be the
date when such proceedings have been concluded by any process which results in the Approval
Ordinance becoming effective, and (ii) if litigation challenging any of the Project Approvals, EIR
or this Agreement should be brought after the Approval Date, the Commencement Date shall be
the date such litigation is concluded in a manner that permits the commencement of the parties'
obligations under this Agreement.
"Current Land Use Regulations" means the ordinances, resolutions, rules,
regulations, requirements and official policies of the City in force as of the Approval Date
governing development agreements, permitted uses of the Property, parking, development
standards, density and building intensity, subdivision, zoning, grading, landscaping, signage and
design and improvement standards (not including building codes as provided by 3.4.1(c)) and
shall also include the Project Approvals/Approved Uses and the Permitted Uses.
"Deemed Complete Date" means the date the City deemed complete the Owner's
applications for the Project Approvals, that date being February 26, 2008.
0
"Development Agreement Act" means Section 65864 et seq., of the California
Government Code.
"EIR" means that certain Environmental Impact Report for Site D, dated January 2012
prepared pursuant to the provisions of the California Environmental Quality Act (Public
Resources Code §§ 21000, et seq.), and certified by the City on February 7, 2012.
"Exactions" means any requirement imposed by the City in connection with or pursuant
to any land use regulation or land use approval process for the dedication of land, construction
of improvement of public improvements or amenities, payment of development fees, or other
mitigation measures required to mitigate the impacts of the development including, without
limitation, all development impact fees or linkage fees, utility capacity fees, service or
connection fees, major facilities fees, park fees, flood control fees, environmental impact
mitigation fees, transportation fees, and any similar governmental fees, charges and exactions
required for the development of projects or property.
"General Plan" means the General Plan of the City.
"Mortgagee" means any mortgagee of a mortgage and beneficiary under a deed of
trust.
"Owner" means WALNUT VALLEY UNIFIED SCHOOL DISTRICT and each of its
respective successors and assigns to all or any portion of the Property during such time as such
portion is subject to this Agreement. Owner represents that it is the legal owner of the entire
Property as of the date of adoption of the Approval Ordinance.
"Permitted Uses" means those uses set forth in the Site D Specific Plan.
5
"Prevent or adversely affect development or construction of the Project" as used
in this Agreement shall include, without limitation, any changes which fundamentally affect the
ability of a Permitted Use to operate within the Project (e.g,, prohibit a Permitted Use, change
parking standards or height, bulk, density or any other substantive change for a Permitted Use,
etc.). Changes of City-wide, non-discriminatory applicability which affect internal operational
requirements for the Permitted Uses or Approved Uses (e.g., safety requirements, security
requirements, etc.) and that do not conflict with express provisions of the Project Approvals shall
not be considered to be changes which "prevent or adversely affect the operation of the
Project."
"Processing Fees" means all routine and generally applicable City-wide fees required
by the City for processing applications and permits including, but not limited to, fees for land use
applications, project permits, building applications, building permits, grading permits, maps and
certificates of occupancy. Expressly exempted from Processing Fees are all Exactions.
"Project" means the Property and the proposed development of the Property and the
off-site conditions described in the Project Description contained in Exhibit B.
"Project Approvals" means those certain discretionary actions and approvals granted
by the City on February 21, 2012 and March 6, 2012 as set forth in Section 2.6.
"Public Benefits" means those improvements to be constructed, services provided
and/or amounts to be paid by Owner to the City as consideration for this Agreement pursuant to
Section 3.7, Section 3.8 and Exhibit C.
"Specific Plan" means the Site D Specific Plan.
"Term" means the term of this Agreement as provided in Section 6.1 of this Agreement.
"Zoning Map" means the Zoning Map of the City of Diamond Bar as incorporated in the
Zoning Ordinance pursuant to Section 22.06.030 of the Zoning Ordinance.
"Zoning Ordinance" means the comprehensive Zoning Ordinance of the City, found in
Article 22 of the Code of the City of Diamond Bar.
2. THE DEVELOPMENT AGREEMENT PROCESS
2.1 Statement of Benefits and Consideration. The parties hereto have determined
that the Project is a development for which a development agreement is appropriate.
Development of the Project in accordance with a development agreement will provide for the
orderly development of the Property in accordance with the objectives set forth in the General
Plan. Moreover, a development agreement for the Project will eliminate uncertainty in planning
for and securing orderly development of the Project, ensure attainment of the maximum efficient
utilization of resources within the City at the least economic cost to its citizens, and achieve the
provision of public services, public uses, urban infrastructure and other goals and purposes for
which the Development Agreement Act was enacted, all in the promotion of the health, safety
and general welfare of the City of Diamond Bar and its residents. In exchange for these and
other benefits to the City, Owner will receive the assurance that Owner may develop the Project
during the Term of this Agreement, subject to the terms and conditions herein contained. City
has undertaken the necessary proceedings, has found and determined that this Agreement is
consistent with the General Plan and has adopted Ordinance No. 03(2012) approving this
Agreement.
This Agreement does not (1) grant density or intensity in excess of that otherwise
established in the Project Approvals, (2) supersede, nullify or amend any condition imposed in
the Project Approvals, (3) guarantee to Owner any profits from the Project, (4) prohibit or, if
legally required, indicate Owner's consent to, the Property's inclusion in any public financing
7
district or assessment district, or (5) amend the General Plan (unless otherwise provided for by
the Project Approvals).
The City, as a result of the development of the Property in accordance with this
Agreement, will receive substantial benefits, as set forth in Section 3.7 and Exhibit C, including
the extraordinary public benefits, as set forth therein, in recognition of and in exchange for this
Agreement and the benefits provided to Owner pursuant to this Agreement. The City
acknowledges the adequacy of the consideration, including the Public Benefits, provided by
Owner to the City pursuant to this Agreement.
In consideration of the substantial benefits, commitments and consideration to be
provided by Owner pursuant to this Agreement and in order to strengthen the public planning
process and reduce the economic costs of development, the City hereby provides Owner
assurance that it can proceed with the development of the Property for the Term of this
Agreement pursuant to the land use, density and intensity specified in the Current Land Use
Regulations, the Project Approvals and this Agreement. Owner would not enter into this
Agreement or agree to provide the public benefits, commitments and consideration described in
this Agreement if it were not for the certainty provided by the agreement of the City that the
Property may be developed during the Term of this Agreement in accordance with the Current
Land Use Regulations and the Project Approvals including the land use, density and intensity
set forth in the Project Approvals.
2.2 Public Hearings. On April 13, 2010, April 27, 2010 and May 11, 2010, the
Planning Commission of the City, after giving notice pursuant to Sections 65090 and 65867 of
the California Government Code, held public hearings on Owner's application for this
Agreement. The City Council of the City, after providing public notice as required by law,
I
similarly held public hearings on June 15, 2010, July 20, 2010, November 16, 2010, December
7, 2010, December 21, 2010 and February 21, 2012.
2.3 City Council Findings. The City Council finds that review of the environmental
impacts of this Agreement and the Project Approvals has been conducted in accordance with
the provisions of the California Environmental Quality Act ("CEQA"; Public Resources Code §§
21000 et seq.) and the State and local guidelines adopted thereunder, and the City Council has
given consideration to such environmental review prior to its approval of this Agreement and the
Project Approvals and has undertaken all actions necessary to comply with CEQA, including
adoption of findings, certification of the EIR, adoption of a Statement of Overriding
Considerations, and adoption of a Mitigation Monitoring Program. The City Council further finds
that this Agreement is consistent with the General Plan, the Site D Specific Plan and all other
applicable City plans, policies and regulations.
2.4 Property. The Property includes all real property that is subject to this
Agreement as of the Approval Date, commonly known as Site D in the City of Diamond Bar, Los
Angeles County, as more fully described in Exhibit A, and incorporated herein by reference.
2.5 The Project. The Project consists of specified development, construction and
operations on the Property as and to the extent permitted under this Agreement and the Project
Approvals, which include, without limitation, the development of 200 residential units and a
public park of not less than two (2) net usable acres. The Project is more fully described in the
Project Description set forth in Exhibit B, and incorporated herein by reference.
2.6 Current Project Approvals. The Project includes, without limitation, all items
described in the Project Description contained in Exhibit B and the following Project Approvals
that have been approved by the City as of the Approval Date:
M
• ENVIRONMENTAL IMPACT REPORT for Site D, dated January 2012
prepared pursuant to CEQA and certified by the City Council on February
21, 2012 by approving Resolution No. 2012-07;
• GENERAL PLAN AMENDMENT, approved by Resolution No. 2012-08 on
February 21, 2012;
• ZONE MAP AMENDMENT, as amended by City Council Ordinance No.
01 (2012) on March 6, 2012;
• SPECIFIC PLAN as approved by City Council Ordinance No. 02(2012) on
March 6, 2012; and
• DEVELOPMENT AGREEMENT, approved by City Council Ordinance No.
03(2012) on March 6, 2012.
3. VESTED DEVELOPMENT RIGHTS
3.1 Vested Rights to Develop. Subject to the terms, conditions, and covenants of
this Agreement, including the Reservations of Power in Section 3.4, Owner shall have a vested
right to develop the Property in accordance with, and to the extent of, the Project Approvals and
the Current Land Use Regulations. The approved use of the Property, the density and intensity
of use, the maximum height and square footage of proposed buildings, and provisions for
reservation and dedication of land or public purposes shall be those set forth in the Project
Approvals and on Exhibit B. Nothing in this Agreement shall be deemed to obligate Owner to
initiate or complete development of the Project or any portion thereof within any period of time
or at all.
3.1.1 Certain Changes Prohibited Without Consent of Owner. Except as
otherwise provided in this Agreement, during the Term, the City shall not, as to the Property
and the Project, without the prior written consent of Owner: (a) change the Current Land Use
Regulations, Permitted Uses or Project Approvals as they apply to the Property or Project so
as to prevent or adversely affect development or construction of the Project in accordance with
the Current Land Use Regulations, Permitted Uses or Project Approvals; or (b) apply to the
Property or the Project any new or amended ordinance, resolution, rule, regulation,
requirement or official policy that is inconsistent with the Current Land Use Regulations,
10
Permitted Uses or the Project Approvals, so as to prevent or adversely affect development or
construction of the Project in accordance with the Current Land Use Regulations, Permitted
Uses or the Project Approvals; or (c) apply to the Property or the Project any new or amended
ordinance, resolution, rule, regulation, requirement or official policy that requires additional
discretionary review or approval not otherwise required for the Project by the Current Land Use
Regulations; or (d) apply to the Property or the Project any new or amended ordinance,
resolution, rule, regulation, requirement or official policy that materially, adversely affects the
timing or phasing of construction or development, or which limits the availability of utilities or
other infrastructure for the Project.
3.1.2 Rights are Vested. Unless amended or terminated in the manner
specified in this Agreement (and subject to the provisions of this Agreement), Owner shall have
the rights and benefits afforded by this Agreement and this Agreement shall be enforceable by
Owner and the City notwithstanding any growth control measure or any development
moratorium adopted after the Approval Date, or any change in the applicable general or
specific plans, zoning, or subdivision regulations adopted by the City which alter or amend the
Current Land Use Regulations, Permitted Uses or the Project Approvals, or the adoption of any
new or amended ordinance, resolution, rule, regulation, requirement or official policy that is
inconsistent with the Current Land Use Regulations, Permitted Uses or the Project Approvals,
so as to prevent or materially adversely affect development or construction of the Project in
accordance with the Current Land Use Regulations, Permitted Uses or the Project Approvals.
This Section 3.1.2 shall be construed to prohibit the City from applying to the Property or the
Project any development moratorium or growth control measure that is adopted specifically to
prohibit the construction of the Project, or as an interim measure pending contemplated general
plan, specific plan or zoning changes, or as a general growth control management measure
except as provided for pursuant to Section 3.4.
11
3.1.3 Future Changes to Current Land Use Regulations. Following the
Approval Date, if the City modifies the Current Land Use Regulations in a manner that Owner,
in its sole discretion, determines is more beneficial than the Current Land Use Regulations,
then the Owner may choose in its sole discretion to be governed by the modified land use
regulations rather than the Current Land Use Regulations, without Owner being deemed to
have waived or limited any rights, remedies or privileges under this Agreement, as subject to
the limitation set forth in Section 3.5 of this Agreement.
3.2 Timing of Development
3.2.1 Phasing of Development. The parties acknowledge that Owner cannot
at this time predict when or the rate at which the Project would be developed. Such decisions
depend upon numerous factors which are not all within the control of Owner, such as market
orientation and demand, availability of financing and competition. Because the California
Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that
the failure of the parties therein to provide for the timing of development permitted a later
adopted initiative restricting the timing of development and controlling the parties' agreement, it
is the intent of Owner and the City to hereby acknowledge and provide for the right of Owner to
develop the Project in such order and at such rate and times as Owner deems appropriate
within the exercise of its sole and subjective business judgment. The City acknowledges that
such a right is consistent with the intent, purpose and understanding of the parties to this
Agreement. Without in any way limiting Owner's right under Section 5.2.2 not to proceed with
development of the Project and, in such an event, to terminate this Agreement in its sole and
subjective business judgment, if Owner proceeds with the Project, Owner will use its
reasonable efforts, in accordance with its own business judgment and taking into consideration
market conditions and other economic factors influencing its business decision, to commence
12
or to continue development, and to develop the Project in accordance with the provisions and
conditions of this Agreement, the Current Land Use Regulations, and the Project Approvals.
3.3 Other Rights.
3.3.1 Future Discretionary Land Use Permits. Owner may apply for and the
City may consider, after the Approval Date, certain future applications for discretionary land
use permits, in implementing the Project Approvals and constructing and operating the Project.
The City agrees that it will process and timely consider under the Current Land Use
Regulations, any application for discretionary land use permits, provided Owner reasonably
and satisfactorily complies with all preliminary procedures, actions, payment of Processing
Fees, and criteria generally required by this Agreement and the Current Land Use Regulations.
Owner acknowledges and agrees that City may condition its approval of such Future Project
Applications as is reasonably necessary, in the City's sole discretion, to make the Future
Project Application conform to this Agreement and the Current Land Use Regulations. City will
not impose as a condition of approval for future discretionary land use permits any Exaction,
except as authorized by this Agreement.
3.3.2 Future Ministerial Permits. The Owner will seek additional ministerial
permits as required by the City, including, without limitation, excavation only permits,
foundation only permits, grading permits, demolition permits, building permits, including phased
building permits, public works permits and final tract map approvals, as needed to implement
the Project Approvals and to construct and operate the Project. Collectively, these ministerial
permit applications are called the "Future Ministerial Permits". The City agrees that it will not
unreasonably withhold or unreasonably condition any Ministerial Permits which must be issued
by the City in order for the Project to proceed, provided that Owner reasonably and
satisfactorily complies with all preliminary procedures, actions, payment of Processing Fees
13
and criteria generally required for processing such Ministerial Permits, and provided further that
such Ministerial Permits comply with this Agreement, the Current Land Use Regulations, and
the Project Approvals.
3.4 Reservations of Power.
3.4.1 Limitations, Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following subsequent land use regulations shall apply to the
development of the Property:
(a) Processing Fees (but not Exactions) imposed by the City to cover
the estimated actual costs to the City of processing applications for Project Approvals, fees for
monitoring compliance with any Project Approvals, or fees for monitoring compliance with
environmental mitigation measures.
(b) Procedural regulations applied on a City-wide, nondiscriminatory
basis relating to City entities required to review petitions or applications, forms of petitions and
applications, notice requirements, information requested with petitions or applications, conduct
of hearings, form of staff reports, nature and type of recommendations by City entities, appeal
procedures and any other similar matters of procedure.
(c) Regulations governing building codes and similar construction
standards and specifications including, but not limited to, the California and International Codes,
as they may be changed from time to time.
(d) Regulations that are necessary to protect the public health and
safety, including without limitation, development moratorium or limitation on the delivery of City -
provided utility services, which are: (a) based on genuine health, safety and general welfare
concerns (other than general growth management issues); (b) which arise out of a documented
14
emergency situation, as declared by the President of the United States, Governor of California,
or the Mayor or City Council of the City of Diamond Bar; and (c) based upon its terms or its
effect as applied, does not apply exclusively or primarily to the Property or the Project. To the
extent possible, any such regulations shall be applied and construed so as to provide Owner
with the rights and assurances provided under this Agreement.
(e) Regulations that are not in conflict with the Project Approvals,
Current Land Use Regulations or this Agreement. Any regulation, whether adopted by initiative
or otherwise, limiting the rate, timing, phasing or sequencing of development of the Property
shall be deemed to conflict with the Project and shall therefore not be applicable to the
development of the Property. Any regulation limiting the Permitted Uses or Approved Uses of
the Property, the density or intensity of use of the Property, or limiting the size, height or location
of improvements on the Property shall be deemed to conflict with the Project Approvals and
shall therefore not be applicable to the development of the Property.
(f) Regulations that are in conflict with the Project, but as to which the
Owner has given its prior written consent for of such regulations to be applied to the Property or
to the development of the Property.
(g) Regulations applied on a City-wide, non-discriminatory basis that
do not "prevent or adversely affect development or construction of the Project' as defined in
Section 1.
3.4.2 Modification or Suspension by State or Federal Law. In the event that
state or federal laws or regulations, or those of any regional authority having jurisdiction over
the Project or Property, enacted after the Approval Date of this Agreement, prevent or preclude
compliance with one or more of the provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such state,
15
federal, or regional authority laws or regulations and to effectuate to the extent possible the
terms of this Agreement.
3.4.3 Police Power. The parties acknowledge and agree that City is restricted
in its authority to limit its police power by development agreement and that the foregoing
limitations, reservations and exceptions are intended to reserve to City all of its police power
which cannot be so limited. This Agreement shall be construed to reserve to City all such
power and authority which cannot be restricted by development agreement.
3.4.4 Taxes, Assessments and Fees. Anything herein to the contrary
notwithstanding, City may impose on the Project any new non-discriminatory, City-wide taxes,
assessments and fees, including but not limited to business license taxes or franchise fees, but
not including any Exaction or other fee designated to mitigate the impact of development of the
Project.
3.4.5 Prevailing Wages. Owner has been alerted to the requirements of
California Labor Code section 1770 et seq., including, without limitation S.B. 975, which require
the payment of prevailing wage rates and the performance of other requirements if it is
determined that any portion of the Project approved by this Agreement constitutes a public
works contract. It shall be the sole responsibility of Owner to determine whether to pay
prevailing wages for any or all work required by this Agreement. As a material part of this
Agreement, Owner agrees to assume all risk of liability arising from any decision not to pay
prevailing wages for work required by this Agreement.
3.5 Regulation by Other Public Agencies. It is acknowledged by the parties that
other public agencies not within the control of the City may possess authority to regulate
aspects of the development of the Property separately from or jointly with City, and this
Agreement does not limit the authority of such other public agencies.
16
3.6 Agreement and Assurances on the Part of Owner.
3.6.1 Proiect Development. Without in any way limiting Owner's right under
Section 5.2.2 not to proceed with development of the Project and, in such an event, to
terminate this Agreement in its sole and subjective business judgment, if Owner proceeds with
the Project, Owner agrees that it will use commercially reasonable efforts, in accordance with
its own business judgment and taking into account market conditions and economic
considerations, to develop the Project in accordance with the terms and conditions of this
Agreement, the Current Land Use Regulations, and the Project Approvals.
3.7 Public Benefits.
3.7.1 Public Benefits. The parties acknowledge and agree that development
of the Project will result in substantial public needs and further acknowledge and agree that this
Agreement confers unique benefits on Owner. The parties intend by this Agreement to provide
additional consideration to the public to balance the private benefits conferred on Owner by
providing for the satisfaction of all direct, indirect and other public needs resulting from or
relating to the Project, and to provide public assurance that this Agreement is fair, just and
reasonable, and prompted by the necessities of the situation so as to provide extraordinary
benefits to City as provided in this Section 3.7.1.
In addition to the benefits, covenants and consideration otherwise provided by Owner
pursuant to this Agreement, the parties acknowledge and agree that development of the Project
will result in substantial public benefits as set forth in Exhibit "C". Owner shall provide to City
those Public Benefits set forth in Exhibit C at the time or times so indicated in therein. Such
Public Benefits shall be "additional consideration" as provided for by the Development
Agreement Act. The City acknowledges the adequacy of the consideration, including the Public
Benefits, provided by Owner to the City pursuant to this Agreement.
17
3.7.2 Exactions and Processing Fees.
3.7.2.1 Exactions. Owner shall complete and pay to the City the
Exactions imposed under the terms and conditions of the Project Approvals, including payment
of those development fees set forth in Exhibit "D" at the time or times set forth in Exhibit D,
subject to any permitted in lieu of credits or other credit or offset provisions provided for under
the Current Land Use Regulations or Project Approvals and as otherwise permitted under law.
The amount of any Exactions shall not exceed the amount in place as of the Approval Date. No
new Exaction may be imposed on all or part of the Project.
3.7.2.2 Exactions and Other Public Benefits. Owner acknowledges that
a reasonable relationship exists between the Exactions levied by the City pursuant to the
Project Approvals and the impacts of the Project on the City, and community. Owner agrees not
to challenge the legality of the Exactions levied by the City or the City's decision regarding in -
lieu fee credits pursuant to the Project Approvals.
3.8 Public Improvements and Utilities.
3.8.1 Anstallation Obligations. The parties hereby agree that the obligations to
install public improvements and utilities necessary for the development of the Property shall be
as provided for in the Project Approvals.
3.8.2 City -Provided Utilities: Reservation of Sufficient Capacity. To the extent
that it is within the control of the City, the City shall use its best efforts to ensure that there shall
be sufficient capacity, facilities and services with respect to City -provided utilities to complete
construction of the Project and open the uses thereon to the public. The City agrees that if
limitations in the provision of utilities become necessary due to the existence of an emergency
M
situation, they shall be applied only to the extent necessary to respond to such emergency, and
shall not be applied against the Property or the Project in a discriminatory manner.
3.8.3 City -Provided Utilities: Nondiscriminatory Rates and Provision of Service.
The City agrees that rates and charges for City -provided utilities for the Property and Project
shall not be set or imposed in a discriminatory manner, but shall be those rates and charges
that are or would be generally applicable to any user of a comparable quantity and quality of
the utility use in the City (i.e., any other entity whose use or consumption of the utility is
comparable to that of Owner), and that the City shall not discriminate against the Property or
the Project in the provision of any City -provided utilities (such as potable and reclaimed water,
sewer and drainage).
3.8.4 Dedications, Reservations and Conditions of Development. The portions
of Property to be reserved or dedicated for public purposes pursuant to this Agreement, if any,
shall be that property described in the Project Approvals. Unless otherwise indicated herein,
the property described in the Project Approvals to be reserved or dedicated for public use shall
be dedicated by Owner not later than the issuance of a building permit for that parcel upon
which the dedicated land is located. The City shall take such actions as may be necessary to
vacate any prior dedications, offers to dedicate and grants of easements that are no longer
necessary for the development of the Project in accordance with this Agreement.
3.8.5 Improvement Security/Insurance. As a condition of approving a final
subdivision map or any future subdivision for all or a portion of the Property, the City may
require the furnishing of appropriate and reasonable improvement agreements and security
pursuant to California Government Code Sections 66462 and 66499 et seq. Nothing in this
Agreement shall be construed as altering or relieving Owner of any obligation imposed
pursuant to Government Code Section 66462.
19
3.8.6 Mitigation Measures and Conditions of Approval. Owner shall at its own
expense timely perform all mitigation measures identified in the EIR's Mitigation Monitoring
Program, and conditions of approval identified in the Project Approvals. However, in no event
shall the City have the right to compel Owner to commence or complete any mitigation
measure or condition of approval prior to: (i) the time set forth in the Project's Mitigation
Monitoring and Reporting Program or elsewhere in the Project Approvals; or (ii) for measures
or conditions for which no such timing is set forth in the Project's Mitigation Monitoring and
Reporting Program or elsewhere in the Project Approvals, the date on which the Project
obtains a certificate of occupancy for its first occupants. Owner shall have no liability with
respect to the completion of mitigation measures or conditions of approval, except as otherwise
set forth in this Agreement, if the contemplated development fails to occur.
4. ASSIGNMENT, AMENDMENT AND REVIEW
4.1 Assignment
4.1.1 Right to Assign. Owner shall have the right to sell, transfer or assign the
Property in whole or in part (provided that no such partial transfer shall be permitted to cause a
violation of the Subdivision Map Act, Government Code Section 66410, et seq.) to any person,
partnership, joint venture, firm or corporation at any time during the Term; provided, however,
that any such sale, transfer or assignment will include the assignment and assumption of the
rights, duties and obligations arising under or from this Agreement with respect to the property
transferred and shall be made in strict compliance with the following requirements:
(a) No sale, transfer or assignment of any right or interest under this
Agreement shall be made unless made together with the sale, transfer or assignment of all or a
part of the Property and then, only in accordance herewith.
20
(b) Concurrently with the closing of such approved sale, transfer or
assignment, Owner shall provide the City with an executed agreement by the purchaser,
transferee or assignee and providing therein that the purchaser, transferee or assignee
expressly and unconditionally assumes the duties and obligations of Owner under this
Agreement to the extent of such transfer or assignment.
(c) The purchaser, transferee or assignee shall provide the City with
security equivalent to any security previously provided by Owner to secure performance of its
obligations hereunder, if any, or under any of the Project Approvals.
(d) Any Event of Default by Owner as defined in Section 5.1.1 that
has occurred and is continuing has been cured.
(e) Upon any such assignment, Owner shall have no further
responsibility for any of the assigned obligations.
Any sale, transfer or assignment under Section 4.1 of this Agreement not
made in strict compliance with the foregoing conditions shall constitute a default by Owner
under this Agreement and any such assignment shall be void and of no effect. Notwithstanding
the failure of any purchaser, transferee or assignee to execute the agreement required by
paragraph (b) of this Subsection 4.1.1, the burdens of this Agreement shall be binding upon
such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to
such purchaser, transferee or assignee until and unless such agreement is executed.
4.1.2 Assignments Where No City Consent is Needed. Owner may, without
seeking or receiving any City consent, freely sell, transfer or assign the Property in whole or in
part and this Agreement to any person, general partnership, limited partnership, limited liability
company, corporation, firm, joint venture, trust, business trust, joint-stock company,
21
cooperative, association or other lawful entity which: (i) has a tangible net worth of at least fifty
million dollars ($50,000,000); and (ii) is nationally or regionally recognized, or regionally known
in Southern California, as an owner or developer of high-quality real estate projects (altogether,
"Permitted Transfers").
4.1.3 Assignments Where City's Reasonable Consent is Needed. With the
exception of Permitted Transfers as described above, Owner may sell, transfer or assign the
Property in whole or in part and this Agreement to any other person, partnership, joint venture,
firm, corporation, trust or other lawful entity with the City's consent, which consent shall not be
unreasonably withheld or conditioned ("Transfer"). In the event Owner desires to make such
Transfer, Owner shall submit to the City a request for approval at least forty-five (45) days prior
to such Transfer, and City shall cooperate with any reasonable pre -approval process
established by Owner that enables Owner to effectuate the Transfer within applicable statutory
time limits. City's approval of a Transfer shall not be unreasonably withheld. The City may
withhold its approval upon finding of any of the following:
(a) The proposed transferee or assignee lacks the financial ability to
perform the obligations of this Agreement;
(b) The proposed transferee or assignee lacks the necessary
qualifications, competence, experience or capability to implement the development plan
contemplated by the Project Approvals; provided, however, if the proposed transferee or
assignee is a nationally or regionally recognized, or regionally known in Southern California, as
an owner or developer of high quality real estate projects such proposed transferee or assignee
shall be deemed to have met this requirement;
(c) An Event of Default by Owner as defined in Section 5.1.1 has
occurred and is continuing under this Agreement; or
22
of the Property.
(d) Owner no longer has a legal or equitable interest in all or any part
Owner shall provide to the City such information that the City reasonably
requests in order for the City to make any determinations provided for by Subsection 4.1.3
above. Owner agrees to provide such information on a timely basis sufficient to permit the City
to make its determinations within the forty-five (45) day time period. Owner agrees to reimburse
the City for reasonable costs incurred by the City in reviewing requests for assignment from
Owner.
4.1.4 Applicability. The provisions of Subsection 4.1.1 and 4.1.3 shall not be
applicable to (i) a transfer or assignment by a mortgage or deed of trust or (ii) a transfer made
in connection with the enforcement of the security interest of a mortgage or deed of trust or by
deed in lieu thereof. Subject to the provisions of Section 4.1 hereof, said provisions shall be
applicable to any subsequent transfer by a mortgage after it has successfully enforced its
security interest.
4.1.5 Partial Release of Purchaser. Transferee or Assignee of Lot. A
purchaser, transferee or assignee of a lot that has been finally subdivided as provided for in the
Development Plan and for which a site plan for development of the lot has been finally
approved pursuant to the Development Plan, may submit a request, in writing, to CITY to
release said lot from the obligations under this Agreement relating to all other portions of the
Property. Within thirty (30) days of such request, CITY shall review, and if the above site plan
condition is satisfied shall approve the request for release and notify the purchaser, transferee
or assignee in writing thereof. No such release approved pursuant to this Subsection 4.1.5
shall cause, or otherwise effect, a release of Owner from its duties and obligations under this
Agreement as to the remainder of the Property (exclusive of such Lot).
23
4.1.6 Termination of Agreement With Respect to Individual Lots Upon Sale to
Public and Completion of Construction. The restrictions and requirements of Section 4.1 shall
not apply to the sale or lease (for a period longer than one year) of any (i) lot that has been
finally subdivided and/or any (ii) condominium unit that is described on a condominium plan
approved by the City as defined in Civil Code Section 1351(e) (the "Condominium Plan")
individually (and not in "bulk") to a member of the public or other ultimate user. Notwithstanding
any other provisions of this Agreement, this Agreement shall terminate with respect to any lot or
condominium unit and such lot or condominium unit shall be released and no longer be subject
to this Agreement without the execution or recordation of any further document upon
satisfaction of both of the following conditions:
4.1.6.1 The lot has been finally subdivided and individually (and not in "bulk")
sold or leased (for a period longer than one year) to a member of the public or other ultimate
user;
4.1.6.2 The condominium unit is described on a Condominium Plan approved by
the City and individually (and not in bulk) sold or leased (for a period longer than one year) to a
member of the public or other ultimate user; and,
4.1.6.3 A final certificate of occupancy or similar certificate has been issued for a
building on the lot or for the condominium unit, and the fees set forth in Exhibit C of this
Agreement have been paid.
4.2 Changes and Amendments to the Project.
In the event Owner reasonably finds that a change or amendment in the Project
Approvals is reasonably necessary or appropriate, Owner shall apply for any required changes
to the Project Approvals. Any such application that does not require an amendment to the
Permitted Uses, Approved Uses, Zoning Ordinance, or General Plan or any applicable Specific
rte!
Plan shall be processed in the normal manner for processing such matters in accordance with
the Current Land Use Regulations, except as otherwise provided by this Agreement, including
the Reservations of Power. Any application that requires an amendment to the Permitted Uses,
Approved Uses, Zoning Ordinance, General Plan or any applicable Specific Plan shall be
processed in the normal manner for processing such matters in accordance with the land use
regulations in effect at the time the application is filed.
4.2.1 Minor Changes to Project — No Amendment of Agreement. The parties
acknowledge that refinements or modifications of the Project may be required during the Term.
The parties agree that refinements and modifications which constitute a "minor" change in the
Project or Project Approvals shall not require an amendment to this Agreement or public notice
and a hearing. For any such minor change, the City shall not impose as a condition to
approval any Exaction, except as authorized in this Agreement. The City Manager, in
consultation with the City Attorney, shall be authorized to make the determination on behalf of
the City whether a requested refinement or modification may be effectuated pursuant to this
Section 4.2.1 or whether the requested refinement or modification is of such a character to
require an amendment to this Agreement pursuant to Section 4.2.2. The City Manager shall be
authorized to approve any minor changes hereunder on behalf of the City. The City Manager
shall not unreasonably withhold or delay its determination that a requested refinement or
modification is a "minor' change as that term is used herein. A change to the Project Approvals
shall not be deemed "minor" if such change:
(a) Alters the Approved Uses of the Property as a whole
(b) Requires an amendment to the Permitted Uses, Approved Uses,
Zoning Ordinance, General Plan or any applicable Specific Plan;
25
whole;
(c) Increases the density or intensity of use of the Property as a
(d) Deletes a requirement for the reservation or dedication of land for
public purposes within the Property as a whole;
(e) Constitutes a project requiring a subsequent or supplemental
environmental impact report pursuant to Public Resources Code Section 21166;
(f) Creates a situation adverse to public health or safety;
(g) Materially changes the architecture, design or materials of the
Project as provided for in the Project Approvals; or
(h) Reduces the extraordinary Public Benefits, as described in
Section II of Exhibit C, or Exactions provided for in the Project Approvals or in Section 3.7.2 of
this Agreement.
4.2.2 Other Changes. Any change in the Project which does not qualify as a
"minor change" as defined herein shall require an amendment to this Agreement as provided in
Section 6.9.
4.3 Annual/Special Review.
4.3.1 Annual Review. The City shall, at least every twelve (12) months during
the Term of this Agreement, review the extent of good faith substantial compliance by Owner
with the terms of this Agreement. Subject to the notice and cure procedure set forth in Section
5.1.2, such a periodic review may result in amendment or termination of this Agreement,
provided a default has been established under the terms of this Agreement. Pursuant to
Government Code Section 65865.1, Owner shall have the duty to file an annual review request
26
with the City, pay any applicable Processing Fees for such annual review and demonstrate its
good faith compliance with the terms of this Agreement at such periodic review. The parties
recognize that this Agreement and the documents incorporated herein could be deemed to
contain many requirements (i.e., construction standards, landscape standards, etc.) and that
evidence of each and every requirement would be a wasteful exercise of the parties' resources.
Accordingly, Owner shall be deemed to have satisfied its duty of demonstration if it presents
evidence satisfactory to the City of its good faith and substantial compliance with the major
provisions of this Agreement.
4.3.1.1 Any party may address any requirement of this Agreement
during the review. However, ten (10) days' written notice of any requirement to be addressed
shall be made by the requesting party. If at the time of review an issue not previously identified
in writing is required to be addressed, the review at the request of either party shall be
continued to afford sufficient time for analysis and preparation.
4.3.2 Special Review. The City Council may order a special review of
compliance with this Agreement at any time. The Director of Community Development or City
Council, as determined from time to time by the City Council, shall conduct such special
reviews. Any special review shall comply with the procedural provisions of an annual review as
provided by Section 4.3.1.
4.3.3 Opportunity to be Heard. Upon written request to the City by Owner,
Owner shall be permitted an opportunity to be heard orally and/or in writing at a hearing before
the City Council regarding its performance under this Agreement. Owner shall also be heard
before the City Council at any required public hearing concerning a review of action on this
Agreement.
27
4.3.4 Information to be Provided Owner. The City shall, to such an extent as
is practical, deposit in the mail to Owner a copy of staff reports and related exhibits concerning
contract performance a minimum of seven (7) days prior to any such review or action upon this
Agreement by the Planning Commission or the City Council.
5. DEFAULT, REMEDIES AND TERMINATION
5.1 Enforceability.
5.1.1 Default. Subject to Section 5.1.3, failure by any party to perform any
term or provision of this Agreement required to be performed by such party shall constitute an
event of default ("Event of Default'). Notwithstanding anything to the contrary in this
Agreement, if Owner makes a general assignment for the benefit of creditors, or any
proceeding is instituted by or against Owner seeking to adjudicate it as bankrupt or insolvent,
or seeking liquidation, winding up or reorganization of it or its debts under any law relating to
bankruptcy, insolvency or reorganization, such an event shall not constitute an Event of Default
absent failure of the Owner to perform any term or provision of this Agreement, and all
provisions of this Agreement shall remain in full force and effect. For the purposes of this
Agreement, a party claiming another party is in default shall be referred to as the "Complaining
Party', and the party alleged to be in default shall be referred to as the "Party in Default'.
5.1.2 Procedure Regarding Defaults.
5.1.2.1 Notice of Default. The Complaining Party shall give written
notice of default to the Party in Default, specifying the default complained of by the Complaining
Party. The Party in Default shall diligently endeavor to cure, correct or remedy the matter
complained of, provided such cure, correction or remedy shall be completed within the
applicable time period set forth herein after receipt of written notice (or such additional time as
KI
may be deemed by the Complaining Party to be reasonably necessary to correct the matter).
Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to
any default shall not operate as a waiver of any default or of any such rights or remedies.
Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the
Complaining Party of its right to institute and maintain any actions or proceedings which it may
deem necessary to protect, assert, or enforce any such rights or remedies. If an Event of
Default occurs, prior to exercising any remedies, the Complaining Party shall give the Party in
Default written notice of such default. Without limitation, evidence of default may arise in the
course of the regularly scheduled annual review or a special review described in Section 4.3.
5.1.2.2 Cure Periods. If the default is reasonably capable of being cured
within thirty (30) days, the Party in Default shall have such period to effect a cure prior to
exercise of remedies by the Complaining Party. If the nature of the alleged default is such that it
cannot practicably be cured within such thirty (30) day period, the cure shall be deemed to have
occurred within such thirty (30) day period if (i) the cure is commenced at the earliest practicable
date following receipt of the notice; (ii) the cure is diligently prosecuted to completion at all times
thereafter; (iii) at the earliest practicable date (in no event later than thirty (30) days after the
curing party's receipt of the notice), the curing party provides written notice to the other party
that the cure cannot practicably be completed within such thirty (30) day period; and (iv) the
cure is completed at the earliest practicable date. In no event shall the Complaining Party be
precluded from exercising remedies if a default is not cured within sixty (60) days after the first
notice of default is given. Subject to the foregoing, if a party fails to cure a default in accordance
with the foregoing, the Complaining Party, at its option, may terminate this Agreement pursuant
to California Government Code Section 65868, and Section 5.1.2.3 and 5.21 of this Agreement,
and/or institute legal proceedings pursuant to this Agreement.
l']
5.1 .2.3 Procedures Regarding City Termination. Notice of intent to
terminate shall be by certified mail, return receipt requested. Upon delivery by the City of notice
of intent to terminate, the matter shall be scheduled for consideration and review by the City
Council within thirty (30) days in accordance with Government Code Sections 65867 and 65868.
Upon consideration of the evidence presented in said review and a determination by the City
Council based thereon, the City may give written notice of termination of this Agreement to
Owner. Any determination of default (or any determination of failure to demonstrate good faith
compliance as a part of annual review) made by the City against Owner, or any person who
succeeds to Owner with respect to any portion of the Property, shall be based upon written
findings supported by substantial evidence in the record. Any purported termination of this
Agreement for alleged default shall be subject to review in the Superior Court of the County of
Los Angeles pursuant to Code of Civil Procedure § 1094.5(c).
5.1.3 Institution of Legal Action. Subject to notice of default and opportunity to
cure under Section 5.1.2, and subject further to the limitation on remedies set forth in Section
5.1.4, in addition to any other rights or remedies, any party to this Agreement may institute
legal action to cure, correct or remedy any default, to enforce any covenants or agreements
herein, to enjoin any threatened or attempted violation hereof, or to obtain any other remedies
consistent with this Agreement. If a legal action or proceeding is brought by any party to this
Agreement because of an Event of Default under this Agreement, or to enforce a provision
hereof, the prevailing party shall be entitled to reimbursement of all costs and expenses,
including reasonable attorneys' fees, incurred in prosecuting such legal action or proceeding.
This provision is separate and several and shall survive the merger of this Agreement into any
judgment on this Agreement.
30
5.1.4 Remedies.
5.1.4.1 Owner Remedies. It is acknowledged by the parties that the City
would not have entered into this Agreement if it were liable in damages under or with respect to
this Agreement or the application thereof. In addition, the parties agree that monetary damages
are not an adequate remedy for Owner if the City should be determined to be in default under
this Agreement. The parties further agree that specific performance or other equitable relief
shall be Owner's only remedy under this Agreement and Owner may not seek monetary
damages in the event of a default by the City under this Agreement. Owner covenants not to
sue for or obtain monetary damages for the breach by the City of any provision of this
Agreement.
5.1.4.2 City's Remedies. The parties agree that the City shall have
limited remedies for monetary damages and specific performance as specifically provided for in
this Section 5.1.4.2. The City shall not have any right to compel specific performance with
respect to the construction of the Project, or any obligation to construct the Project, including
without limitation Section 3.2. Further, the City shall have no right to monetary damages as a
result of Owner's failure to construct the Project or its failure to comply with Section 3.2. The
City shall have the right to sue for monetary damages for failure by the Owner to pay any
amounts owing under this Agreement including without limitation any amounts owing pursuant
to Sections 3.7, 6.4.1 and 6.5.1. In no event shall the City be entitled to consequential damages
or punitive damages for any breach of this Agreement. City also shall have the right to seek
monetary damages for reimbursement of the actual cost to the City incurred by the City to
construct, complete, demolish, remove or restore any physical infrastructure improvement in the
public right of way which Owner commences construction of but fails to complete.
31
5.1.4.3 Voter Actions. The parties understand that the Development
Agreement Law authorizes this Development Agreement to bind the City even as to actions
taken by voters of City. If a court of competent jurisdiction enters a final, non -appealable order
to the contrary and City fails or refuses to perform its obligations under this Agreement solely to
comply with a measure adopted by initiative after entry of such a final, non -appealable order
subjecting this Agreement to the effects of legislation adopted by initiative after the Approval -
Date, this Agreement shall be modified or suspended to the extent required by Government
Code Section 65869.5 and Owner's remedies by reason thereof shall be limited to reformation
or rescission of this Agreement.
5.1.4.4 Other Actions. Nothing in this Agreement shall be deemed to,
waive or limit any rights and remedies that the parties would otherwise have against the other in
the absence of this Agreement.
5.2 Termination of Agreement.
As to the Property and all of the rights of Owner hereunder, and except as otherwise
provided in this Agreement, this Agreement shall be deemed terminated and of no further effect
upon the expiration of the Term of this Agreement, unless earlier terminated pursuant to this
Agreement.
5.2.1 Termination Upon Failure to Cure Default. Subject to the notice and
cure provisions set forth in Section 5.1.2, the City shall have the right to terminate this
Agreement as to the Property and the rights of Owner hereunder, in the event Owner defaults
and fails to cure such default within the respective cure period. Subject to the notice and cure
provisions set forth in Section 5.1.2, Owner shall have the right to terminate this Agreement
and the rights of the City hereunder in the event the City defaults and fails to cure such default
within the respective cure period. Upon the termination of this Agreement, neither party shall
32
have any further right or obligation with respect to the Property hereunder except with respect
to any obligation to have been performed prior to such termination or with respect to any
default in the performance of the provisions of this Agreement which has occurred prior to such
termination or with respect to any obligations which are specifically set forth as surviving this
Agreement.
5.2.2 Termination by Owner Prior to Development. The Owner is free, in its
sole and subjective business judgment, not to proceed with development of the Project and, in
such an event, to terminate this Agreement. The City acknowledges that such a right is
consistent with the intent, purpose and understanding of the parties to this Agreement. In the
event Owner decides not to proceed with development of the Project and to terminate this
Agreement, the Owner shall provide written notice to the City of that decision and of the final,
irrevocable termination of this Agreement. Immediately upon the giving of such written notice
to the City, the parties' rights and obligations under this Agreement shall cease, except with
respect to any obligations which are specifically set forth as surviving this Agreement, in which
event the Project Approvals shall terminate.
6. GENERAL PROVISIONS
6.1 Term.
6. 11 Term. The Term of this Agreement shall be for five (5) years, unless
terminated, modified or extended pursuant to the provisions of this Agreement or the mutual
consent of the parties hereto. The Term shall begin on the Commencement Date provided,
however, that the Term of this Agreement and all payment obligations under this Agreement
shall be tolled during any period of time in which: (1) an initiative involving a challenge to any
of the Project Approvals or this Agreement is pending; (2) a lawsuit involving a challenge to any
33
of the Project Approvals or this Agreement (or any amendment(s) thereto) is pending in a court
of competent jurisdiction; or (3) any Force Majeure Delay as described in Section 6.23 below.
6.1.2 Additional Rights. Expiration or termination of this Agreement shall not
affect any right vested under law independent of this Agreement. The term of any parcel map,
tentative subdivision map, or vesting tentative subdivision map relating to the Property or any
portion thereof shall be extended (pursuant to Government Code § 66452(a)) for the longer of
(i) the Term, or (ii) the term of the particular map otherwise allowed under the Subdivision Map
Act (Government Code §§ 66410 et seq.) and the City's Subdivision Ordinance,
6.2 Approval Procedure: Recordation. The following procedure shall govern
approval of this Agreement (which shall precede the execution hereof by the City):
(a) Prior to City Council approval of this Agreement, Owner shall
execute this Agreement.
(b) City Council shall undertake all necessary proceedings to consider
this Agreement in accordance with the procedures established by the Development Agreement
Ordinance. Approval by the City shall be by adoption of the Approval Ordinance.
(c) As provided in Section 65868.5 of the Development Agreement
Act, the City shall cause a copy of this Agreement to be recorded with the County Recorder
within ten (10) days following the Commencement Date. Any recording costs shall be paid by
Owner.
6.3 Cooperation and Implementation. City represents that it will cooperate with
Owner to the fullest extent reasonable and feasible to implement this Agreement. Upon
satisfactory completion by Owner of all of its preliminary actions and payments of appropriate
fees, City shall promptly commence and diligently proceed to complete all steps necessary for
34
the implementation of this Agreement and the development of the Property in accordance with
the terms of this Agreement, including, but not limited to, the processing and checking of any
and all Project Approvals, agreements, covenants and related matters required under the
conditions of this Agreement, building plans and specifications, and any other plans necessary
for the development of the Property, requests for inspections and certificates of occupancy, filed
by or on behalf of Owner. Owner shall, in a timely manner, provide City with all documents,
plans and other information necessary for the City to carry out its obligations hereunder.
6.4 Legal Challenges.
6.4.1 If any legal action or other proceeding is instituted by a third party or
parties, other governmental entity or official challenging the validity of any provision of the
Project Approvals, of the EIR, or of this Agreement prior to any Transfer of the Property and
this Agreement, Owner and the City shall cooperate in defending any such action. The City
shall notify Owner of any such legal action against City within ten (10) days after the City
receives service of process, except for any petition for immediate injunctive relief, in which
case the City shall notify Owner immediately upon receipt of notice thereof. City and Owner
shall each bear its own respective attorney fees and costs incurred in any such legal action.
6.4.2 If any legal action or other proceeding is instituted by a third party or
parties, other governmental entity or official challenging the validity of any provision of the
Project Approvals, of the EIR, or of this Agreement following any Transfer of the Property and
this Agreement, the Transferee and the City shall cooperate in defending any such action. The
City shall notify the Transferee of any such legal action against City within ten (10) days after
the City receives service of process, except for any petition for immediate injunctive relief, in
which case the City shall notify Transferee immediately upon receipt of notice thereof. The
Transferee shall indemnify, hold harmless and defend the City, and any of its officers,
35
employees or agents for any claim or lawsuit brought to challenge the validity, or enforcement
of the Project Approvals, the EIR, or this Agreement, instituted by a third party or another
governmental entity or official; provided, however, that if the City fails promptly to notify the
Transferee of any legal action against the City, or if the City fails to cooperate in the defense,
the Transferee shall not thereafter be responsible for the City's defense. The Transferee shall
reimburse all of the City's defense costs including, without limitation, court costs, attorneys fees
and expert witness fees. The Transferee shall promptly pay all monetary awards, judgments,
verdicts, court costs and attorneys fees that may be awarded in such action. The City shall be
entitled to select counsel to conduct its defense in any such action; provided, however, that the
City shall instruct such counsel to cooperate with the Transferee as provided in this Section
6.4.1.
6.4.3 Continued Processing. The filing of any lawsuit(s) by a third party (not a
party to this Agreement) after the Approval Date against the City and/or Owner relating to this
Agreement or to other development issues affecting the Project shall not delay or stop the
processing or issuance of any permit or authorization necessary for development of the
Project, unless the City in good faith determines that such delay is legally required.
6.5 Indemnity.
6.5.1 Owner Indemnity. To the fullest extent permitted by law, Owner hereby
agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City
and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and
assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties,
liens, and losses of any nature whatsoever, including fees of accountants, attorneys,
engineers, consultants or other professionals and all costs associated therewith, arising or
36
claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any
act, failure to act, error, or omission of Owner or any of its officers, agents, servants, lessees,
employees, contractors, subcontractors, materialmen, suppliers or their officers, agents,
servants, lessees, or employees, or arising or claimed to arise, directly or indirectly, out of, in
connection with, resulting from, or related to this Agreement or Project Approvals, any
construction permitted pursuant to this Agreement or Project Approvals, or any subsequent use
of the Property, or any portion thereof, permitted by this Agreement or Project Approvals
except for any actions resulting from the gross negligence or intentional acts of an Indemnitee.
6.5.2 Survival of Indemnity. The indemnity provisions contained in this Section
6.5 shall survive the termination of this Agreement and are in addition to any other rights or
remedies which Indemnitees may have under the law. Payment is not required as a condition
precedent to an Indemnitee's right to recover under these indemnity provisions, and an entry of
judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover
under these indemnity provisions. Owner shall pay Indemnitees for any attorneys fees and
costs incurred in enforcing these indemnification provisions.
6.6 Notices. All notices or other communications required hereunder shall be in
writing and shall be personally delivered (including by means of professional messenger
service), or sent by registered or certified mail, postage prepaid, return receipt required, or by
electronic facsimile transmission followed by delivery of a "hard" copy, and shall be deemed
received on the date of receipt personally, by registered or certified mail or by facsimile.
Unless otherwise indicated in writing, such notice shall be sent addressed as follows:
If to the City:
City Clerk
City of Diamond Bar
37
21810 Copley Drive
Diamond Bar, CA 90069
With a copy to:
Michael Jenkins
Jenkins & Hogin, LLP
Manhattan Towers
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Telephone: (310) 643-8448
Fax: (310) 643-8441
If to Owner:
Walnut Valley Unified School District
880 South Lemon Avenue
Diamond Bar, CA 91789
With a copy to:
6.7 No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the parties to this Agreement and their successors and assigns.
No other person shall have any right of action based upon any provision of this Agreement.
6.8 Time of Essence. Time is of the essence for each provision of this Agreement of
which time is an element.
6.9 Modification, Amendment or Extension. Subject to any notice and hearing
requirements imposed by law, this Agreement may be modified, amended and/or extended from
time to time by mutual written consent of the City and Owner in the same manner as its
adoption by ordinance as set forth in Government Code Sections 65867, 65867.5 and 65868
and Chapter 22.62 of the Municipal Code.
6.10 Conflicts of Law. In the event that state, regional or federal laws or regulations
enacted after the Approval Date or the action or inaction of any other affected governmental
jurisdiction prevent or preclude compliance with one or more provisions of this Agreement or
require changes in plans, maps or permits approved by the City, the parties shall (a) provide the
other party with written notice of such state, regional or federal restriction, provide a copy of
such regulation or policy and a statement of conflict with the provisions of this Agreement, and
(b) Owner and the City staff shall, within thirty (30) days, meet and confer in good faith in a
reasonable attempt to modify this Agreement, but only to the minimum extent necessary to
comply with such federal, regional or state law or regulation. The City shall cooperate with
Owner in the securing of any permits which may be required as a result of such modifications.
Owner may, at its option, upon notification by the City of any such required modification, elect to
terminate this Agreement if the required modification that is not acceptable to Owner in its
absolute discretion.
6.11 Waiver. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the party against whom enforcement
of a waiver is sought and referring expressly to this Section 6.11. No waiver of any right or
remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy
in respect of any other occurrence or event.
6.12 Successors and Assigns. Except as expressly provided to the contrary in this
Agreement, the burdens and obligations of this Agreement shall be binding upon, and the
benefits of this Agreement shall inure to, all successors in interest to the parties to this
Agreement and all successors in interest to the Property or any portion thereof or any interest
therein, and shall be covenants running with the land.
39
6.13 Governing State Law. This Agreement shall be construed in accordance with the
laws of the State of California.
6.14 Constructive Notice and Acceptance. Every person who now or hereafter owns
or acquires any right, title or interest in or to any portion of the Property is and shall be
conclusively deemed to have consented and agreed to every provision contained herein,
whether or not any reference to this Agreement is contained in the instrument by which such
person acquired an interest in the Property.
6.15 Statement of Compliance. Within thirty (30) days following any written request, in
accordance with the notice provisions of this Agreement, which either party may make from time
to time, the other party shall execute and deliver to the requesting party a statement certifying
that: (a) this Agreement is unmodified and in full force and effect or, if there have been
modifications hereto, that this Agreement is in full force and effect, as modified, and stating the
date and nature of such modifications; (b) there are no current uncured defaults under this
Agreement or specifying the dates and nature of any such defaults; and (c) any other
information reasonably requested. The failure to deliver such statement within such time shall
be conclusive upon the party which fails to deliver such statement that this Agreement is in full
force and effect without modification except as may be represented by the requesting party and
that there are no uncured defaults in the performance of the requesting party. Said statement(s)
shall be in the form reasonably satisfactory to the City, Owner and to any purchaser, lender, title
company, governmental agency, or other person reasonably requesting such statement(s) in
connection with the sale, use, development, construction, financing or marketing of the
Property. The City and Owner, for their own respective uses, shall also be entitled to obtain a
statement of compliance at any reasonable time.
M11
6.16 Mortgagee Protection. The parties hereto agree that this Agreement shall not
prevent or limit the right of Owner at its sole discretion, to encumber the Property or any portion
thereof or any improvement thereon by any mortgage, deed of trust or other security device
(collectively "Mortgage") securing financing of the purchase, development or operation of the
Property or any portion of the Property as provided in this Agreement (including, without
limitation, any combination of purchase financing, construction financing, bridge loans, take-out
and permanent financing); provided, however, that any such Mortgage shall be subordinate to
this Agreement.
The City acknowledges that prospective lenders providing such financing may request
certain interpretations and modifications of this Agreement, and agrees upon request, from time
to time, to meet with Owner and representatives of such lenders to discuss in good faith any
such request for interpretation or modification. The City shall not unreasonably withhold its
consent to any such requested interpretation or modification that the City determines is
consistent with the intent and purposes of this Agreement and protects the interests of the City
under this Agreement. Any Mortgagee of Property shall be entitled to the following rights and
privileges:
Neither entering into this Agreement nor a breach of this Agreement shall defeat, render
invalid, diminish or impair the lien of any Mortgage made in good faith and for value.
If the City timely receives a request from a Mortgagee requesting a copy of any notice of
default given to Owner under the terms of this Agreement, the City shall provide a copy of that
notice to the Mortgagee within three (3) days of sending the notice of default to Owner, as the
case may be. The Mortgagee shall have the right, but not the obligation, to cure the default
during the remaining cure period allowed such party under this Agreement.
ES
Any Mortgagee who comes into possession of the Property, or any part thereof,
pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms of this Agreement. Under no
circumstances shall any such Mortgagee or its successors or assigns be entitled to a building
permit or occupancy certificate until all fees and other obligations due by Owner under this
Agreement have been performed and/or paid to the City, all defaults have been cured, and all
otherwise applicable conditions to such permit or certificate have been satisfied.
6.17 Covenant of Good Faith and Fair Dealing. No party shall do anything which shall
have the effect of harming or injuring the right of the other parties to receive the benefits of this
Agreement.
6.18 Covenant of Cooperation. Owner and the City shall cooperate with and assist
each other in the performance of the provisions of this Agreement, including assistance in
obtaining permits for the development of the Property or the Project which may be required from
public agencies other than the City. Owner reserves the right to challenge any ordinance,
measure, moratorium or other limitation in a court of law if it becomes necessary to protect the
development rights vested in the Property pursuant to this Agreement.
6.19 Justifiable Reliance. The City acknowledges that, in investing money and
planning effort in and to the Project and all public improvements and dedication offers required
hereunder, and in undertaking commencement of the Project, Owner will be doing so in reliance
upon the City's covenants contained in this Agreement and upon the enforceability of this
Agreement, and the City agrees that it will be reasonable and justifiable for Owner to so rely.
6.20 Proiect Is Private Undertaking. It is specifically understood and agreed to by and
between the parties hereto that: (1) the subject development is a private development; (2)
except for the obligations of the City described herein, if any, the City has no responsibilities for
42
or duty to third parties concerning any public improvement until such time and only until such
time that the City accepts the same pursuant to the provisions of this Agreement or in
connection with any subdivision map approval; (3) Owner shall have full power over and
exclusive control of the real property herein described subject only to the limitations and
obligations of Owner under this Agreement and the Project Approvals; and (4) the contractual
relationship between the City and Owner is such that Owner is not an agent of the City nor is
City an agent of Owner.
Notwithstanding the foregoing, nothing contained in this Agreement shall be deemed to
waive or modify any otherwise applicable obligations the City, acting in its governmental
capacity and not as a party to this Agreement, may have to Owner or any other party, under and
in accordance with all applicable laws.
6.21 Further Actions and Instruments. The parties to this Agreement shall cooperate
with and provide reasonable assistance to the other parties to the extent contemplated in the
performance of all obligations under this Agreement and the satisfaction of the conditions of this
Agreement. Upon the request of any party, the other parties shall promptly execute, with
acknowledgment or affidavit if reasonably required, and file or record such required instruments
and writings and take any actions as may be reasonably necessary under the terms of this
Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or
consummate the transactions contemplated by this Agreement.
6.22 Section Headings. All Article and Section headings and subheadings are
inserted for convenience only and shall not affect any construction or interpretation of this
Agreement.
6.23 Enforced Delay (Force Majeure).
43
(a) In addition to specific provisions of this Agreement, performance
by any party hereunder shall not be deemed to be in default where delays or defaults are due to
war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God,
litigation (including without limitation, third party legal challenges to the Project, the Project
Approvals or the environmental clearance for the Project Approvals and the Project),
governmental restrictions imposed or mandated by governmental entities (but only as to delays
or defaults on the part of Owner), enactment of conflicting state or federal laws or regulations
(but only if the party claiming delay complies at all times with the provisions of this Agreement
pertaining to such conflicting laws), delays caused by the delay or failure by any entity other
than the party claiming such delay to provide financing for or construction of needed public
facilities or infrastructure as contemplated or required by this Agreement, delays due to the
enforcement of environmental regulations, litigation brought by third parties, or similar bases for
excused performance.
(b) An extension of time for any such cause (a "Force Majeure
Delay") shall be for the period of the enforced delay and shall commence to run from the time of
the commencement of the cause, if notice by the party claiming such extension is sent to the
other parties within thirty (30) days of knowledge of the commencement of the cause.
Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure
Delay unless and until the party claiming such delay and interference delivers to the other party
written notice describing the event, its cause, when and how such party obtained knowledge,
the date the event commenced, and the estimated delay resulting therefrom. Any party claiming
a Force Majeure Delay shall deliver such written notice within thirty (30) days after it obtains
actual knowledge of the event.
(c) Notwithstanding the first sentence of paragraph (b), above, the
following shall apply: (i) Owner shall be entitled to a Force Majeure Delay for a period longer
EM
than the period of enforced delay if the City Council determines that such longer period is
reasonably required; and (ii) Owner shall be entitled to a Force Majeure Delay notwithstanding
the fact that Owner may not have given timely notice to the City, if the City Council determines
that such Force Majeure Delay is reasonably required.
(d) A Force Majeure Delay shall not include the existence of any
difficult or adverse market or economic conditions.
6.24 Emergency Circumstances.
(a) If, as the result of specific facts, events or circumstances, the City
believes that a severe and immediate emergency threat to the health or safety of the City or its
residents, meeting the requirements of subparagraph (b), below, requires the modification,
suspension or termination of this Agreement, the City will, after reasonable notice to Owner (in
light of all the circumstances), hold a hearing on such facts, events or circumstances, at which
Owner shall have the right to address the City Council. The City shall have the right to modify,
suspend or terminate this Agreement, in whole or in part, if, following such hearing, the City
Council determines that such modification, suspension or termination is required in order to
protect the health and safety of the City and its residents.
(b) For purposes of this Section 6.24, an emergency must meet each
of the following criteria: (i) it must be based on genuine health, safety and general welfare
concerns (other than general growth management issues); (ii) it must arise out of a documented
emergency situation, as declared by the President of the United States, Governor of California,
or the Mayor, City Council or City Manager of the City of Diamond Bar; and (iii) based upon its
terms or its effect as applied, it does not apply exclusively or primarily to the Property or the
Project.
45
6.25 Severability. Invalidation of any of the provisions contained in this Agreement, or
of the application thereof to any person, by judgment or court order, shall in no way affect any of
the other provisions hereof or the application thereof to any other person or circumstance, and
the same shall remain in full force and effect, unless enforcement of this Agreement, as so
invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate
the purposes of this Agreement and/or the rights and obligations of the parties hereto.
6.26 Interpretation. The language in all parts of this Agreement shall in all cases be
construed simply, as a whole and in accordance with its fair meaning and not strictly for or
against any party. The parties hereto acknowledge and agree that this Agreement has been
prepared jointly by the parties and has been the subject of arm's length and careful negotiation
over a considerable period of time, that each party has independently reviewed this Agreement
with legal counsel, and that each party has the requisite experience and sophistication to
understand, interpret and agree to the particular language of the provisions hereof. Accordingly,
in the event of an ambiguity in or dispute regarding the interpretation of this Agreement, this
Agreement shall not be interpreted or construed against the party preparing it, and instead other
rules of interpretation and construction shall be utilized.
6.27 Counterparts. This Agreement may be executed in duplicate counterpart
originals, each of which is deemed to be an original and all of which when taken together shall
constitute one and the same instrument.
6.28 Entire Agreement. This Agreement consists of 56 pages, including four (4)
exhibits (designated A through D), which constitute the entire understanding and agreement of
the parties; provided, however, that nothing in this Agreement shall affect or modify the
Memorandum of Understanding between the parties pertaining to Site D dated July 1, 2007, as
amended by the First Amendment dated November 4, 2008, the Second Amendment dated
LL.
September 15, 2010, the Third Amendment dated January 19, 2011 and the Fourth Amendment
dated September 22, 2011, which Memorandum of Understanding remains in full force and
effect.
[SIGNATURES TO FOLLOW]
FYA
IN WITNESS WHEREOF, the parties have each executed this Agreement on the date
first written above.
CITY OF DIAMOND BAR
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
WALNUT VALLEY UNIFIED SCHOOL DISTRICT
By:
Its:
APPROVED AS TO FORM:
By:
WVUSD Counsel
US,
EXHIBITS
Exhibit A:
Legal Description of Property
Exhibit B:
Project Description
Exhibit C:
Public Benefits of Project
Exhibit D:
Project Development Fees
LA1876979.21 49
211925-10001
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Real property in the City of Diamond Bar, County of Los Angeles, State of California, described
as follows:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 (BREA CANYON
CHANNEL) OF TRACT 27577, AS PER MAP RECORDED IN BOOK 702,PAGES 22 TO 25
INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, DISTANT THEREON NORTH 30°41' 18"
EAST 245.38 FEET FROM THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE
SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 3(141'18" EAST
745.38 FEET; THENCE SOUTH 5h8'42" EAST 235.80 FEET; THENCE SOUTH 71`00'13" EAST
580.00 FEET; THENCE SOUTH 34'30'00" EAST, 120.00 FEET; THENCE NORTH 5600'00" EAST
340.00 FEET; THENCE NORTH 4$00'00" EAST 980.00 FEET; THENCE NORTH 2$0743"WEST
570.00 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF DIAMOND BAR BOULEVARD,
AS SHOWN ON MAP OF TRACT 25991, AS PER MAP RECORDED IN BOOK 702 PAGES 16 TO
21 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; SAID POINT BEING ON A CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2050.00 FEET, A RADIAL LINE
TO SAID POINT BEARS SOUTH 2$07'43" EAST; THENCE SOUTHWESTERLY ALONG SAID
CURVE, ALONG THE SOUTHEASTERLY LINE OF SAID DIAMOND BAR BOULEVARD;
THROUGH A CENTRAL ANGLE OF 4'11'33" AN ARC DISTANCE OF 150.00 FEET; THENCE
TANGENT TO SAID LAST MENTIONED CURVE, ALONG THE SOUTHEASTERLY LINE OF
SAID DIAMOND BAR BOULEVARD SOUTH 66`03'50" WEST 875.89 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 1050.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, ALONG THE
SOUTHEASTERLY LINE, OF SAID DIAMOND BAR BOULEVARD, THROUGH A CENTRAL
ANGLE OF 2(150'10" AN ARC DISTANCE OF 381.83 FEET TO THE NORTHEAST CORNER OF
SAID LOT 76; THENCE SOUTH 3(f4l'I8" WEST, ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 76, 500.00 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION OF SAID SECTION 29 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 OF TRACT 27577, AS
PER MAP RECORDED IN BOOK 702 PAGES 22 TO 25 INCLUSIVE OF MAPS, RECORDS OF
SAID COUN'T'Y, DISTANT THEREON NORTH 3(141'18" EAST 259.67 FEET FROM THE
50
THE SOUTHEASTERLY LINE OF SAID LOT 76, NORTH 3(141'18" EAST 485.71 FEET TO THE
SOUTHERLY LINE OF DIAMOND BAR BOULEVARD, AS SHOWN ON MAP OF SAID TRACT
27577; SAID SOUTHERLY LINE BEING A CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 1050.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 421'50" AN ARC DISTANCE OF 7997 FEET; THENCE SOUTH 3041'18"
WEST 527.99 FEET TO A LINE THAT BEARS SOUTH 63'06" EAST FROM THE POINTOF
BEGINNING; THENCE NORTH 63026'06" WEST 64.82 FEET TO THE POINT OF BEGINNING,
ALSO EXCEPT THEREFROM SAID LAND ALL OIL, GAS AND OTHER HYDROCARBONS
AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF
SAID LAND FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF SUCH SUBSTANCES,
PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND ALL OTHER SURFACE
FACILITIES SHALL BE LOCATED ON LAND OTHER THAN DESCRIBED HEREIN, AND
SHALL NOT PENETRATE ANY PART OF PORTION OF THE ABOVE DESCRIBED REAL
PROPER'L'Y WITHIN 500 FEET OF THE SURFACE THEREOF, AND ALL OF THE RIGHTS SO
TO REMOVE SUCH SUBSTANCES ARE HEREBY SPECIFICALLY RESERVED, INCLUDING
THE RIGHT TO DRILL FOR, PRODUCT: AND USE WATER FROM SAID REAL PROPERTY IN
CONNECTION WITH SUCH OPERATIONS, AS EXCEPTED AND RESERVED BY
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION WHICH ACQUIRED TITLE
AS CAPITAL COMPANY, A CORPORATION, IN DEED RECORDED AUGUST 12, 1964 AS
INSTRUMF,NT NO. 1401.
PARCEL 2:
THAT PORTION OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN B'ERNARDINO
BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 OF TRACT 27577, AS
PER MAP RECORDED IN BOOK 702, PAGES 22 TO 25, INCLUSIVE OF MAPS, RECORDS OF
SAID COUNTY, DIS'T'ANT THEREON NORTH 3(f41'18" EAST 259.67 FEET FROM THE
SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF
NORTH 30141'18" EAST AND A DISTANCE OF 745.38 FEET; THENCE CONTINUING ALONG
THE SOUTHEASTERLY LINE OF SAID LOT 76, NORTH 364I' l 8" EAST, 485.71 FEET TO THE
SOUTHERLY LINE OF DIAMOND BAR BOULEVARD, AS SHOWN ON MAP OF SAID TRACT
27577, SAID SOUTHERLY LINE) BEING A CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 1050.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH CENTRAL
ANGLE OF 4'41'50" AN ARC DISTANCE OF 79.97 FEET; THENCE SOUTH 30'41'18" WEST
52799 FEET TO A LINE THAT BEARS SOUTH 63°26'06" EAST FROM THE POINT OF
BEGINNING; THENCE NORTH 63°26'06" WEST 64.82 FEET TO THE POINT OF BEGINNING.
LA1876979.21 51
211925-10001
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN OR THEREUNDER, 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; TOGETHER WITH THE RIGHT TO
STORE 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 THEREON 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 LAND, WITH THE FURTHER 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. 1776 IN BOOK D4407 PAGE, 591, OFFICIAL
RECORDS.
SAID INTEREST WAS CONVEYED TO TRANSAMERICA MINERALS COMPANY, A
CALIFORNIA CORPORATION, BY DEED RECORDED JUNE 20, 1985 AS INSTRUMENT NO.
85-74005.
AN INSTRUMENT PURPORTEDLY QUITCLAIMING, RELEASING AND SURRENDERING
ONLY THE SURFACE RIGHTS TO A DEPTH OF 500 FEET AND PROVIDING FOR REMOVAL
OF ALL GAS, MINERALS AND HYDROCARBONS BELOW SAID DEPTH AS CONVEYED TO
TRANSAMERICA DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION BY DEED
RECORDED JANUARY 5, 1987 AS INSTRUMENT NO. 87-10522.
LA1876979.21 52
211925-10001
l�4i9'33"
�xoso'lo^ P
R=1050.00°
ta�o�.cr
POR
EC 2
(Z.)h�j�4� L-301.' ' r S� r' i -0 alt,$ SSJ�+.ii
�y ,3j�mh "'ry X4'81°SO"
�p`�� ,� ,$ R$1050.00`
-�W k / ��/ L=79.97° PARCEL 1 e
� 11f c� PARCEL75 ACR 2 24.09 ACRES °�
0.T5 ACRES
61 lye,
aS
P.O.B. ?'b®7J.
Izo
tI
SCALE! 1"®300'
LA1876979.21 53
211925-10001
EXHIBIT "B"
PROJECT DESCRIPTION
The Site D Specific Plan will entitle a project to consist of 200 attached and/or detached
residential dwelling units for individual sale and a neighborhood park containing not less than
two usable acres to be dedicated to the City. Vehicular access to the residential and park uses
would be provided via a signalized intersection at Cherrydale Drive and Diamond Bar Boulevard
or at Crooked Creek and Diamond Bar Boulevard. The precise location, configuration, and
amenities to be included in the proposed neighborhood park will be determined at the time a
tentative subdivision map is processed for the residential development. In addition, an entry
feature will be constructed near the intersection of Diamond Bar Boulevard and Brea Canyon
Road. At minimum, the entry feature shall have a value not less than one half of one percent
(0.5%) of the building permit valuation of the proposed residential development. Off-street,
parkway separated walks and on -street bike trails will be provided within the community to allow
residents to safely travel between the residential areas and the public park. The trails and walks
will pedestrian access to the public park area from adjoining neighborhood at the terminus of
Pasado Drive.
The parkland shall be dedicated to the City and constructed to City standards. The tentative
and final tract maps shall show the parkland as a separate parcel (delineating the park
boundaries) and offer the parcel for dedication to the City. The subsequent developer of Site D
shall be responsible for designing the parkland improvements, producing all related construction
documents (subject to Community Development Director and Community Services Director
approval) and constructing the parkland improvements. No offer of dedication shall be accepted
until construction of the parkland improvements is completed in a manner acceptable to the
Community Services Director.
54
EXHIBIT "C"
PUBLIC BENEFITS OF PROJECT
The Project will offer the following immediate public and project benefits:
A. Vesting to develop 200 new housing units within the City, thus helping the City to
respond to the identified housing demand outlined in the current Regional Housing
Needs Assessment (RHNA) and the City's certified and adopted 2008-2014 Housing
Element Update. These vested housing units represent about 18.5 percent of the
projected housing needs the current Housing Element cycle;
B. Traffic improvements to be completed prior to the issuance of Project certificates of
occupancy:
Brea Canyon Road at Diamond Bar Blvd: Widen and/or restripe northbound
approach on Brea Canyon Road to provide a second dedicated right turn lane.
Widen and/or restripe eastbound approach and departure on Diamond Bar Blvd to a
third through lane. Re -stripe westbound approach on Diamond Bar Blvd to provide
a second left turn lane. The implementation of this improvement may require some
modification to existing traffic signal equipment (i.e., recut/install new vehicle loop
detectors, modification to traffic signal controller), as well as the termination of the
existing bike lane; and
Cherrydale Drive or Crooked Creek at Diamond Bar Boulevard: Provide an option
left/through lane and a separate right -turn lane on the northbound approach;
restripe southbound approach to provide an option left/through/right-turn lane on
Cherrydale or Crooked Creek. Widen eastbound approach to provide a separate
right -turn lane. Modify median and restripe Diamond Bar Boulevard to provide dual
westbound left -turn lanes. Install traffic signal. The implementation of this
improvement may require some modification to existing signing and striping the
affected streets.
The Project will offer the following proposed extraordinary public benefits:
Residential Fees. Owner shall pay to the CITY a development agreement fee at
the issuance of building permits for each dwelling unit in the Project as follows:
$15,000.00 per Dwelling Unit
Public Park Dedication. Owner shall design and construct public park
improvements as set forth in the Project Description (Exhibit B). Owner's
construction of the park improvements and payment of the Quimby Act Fees fully
and completely satisfies Owner's Quimby Act Fee obligation imposed against the
dwelling units constructed in the Project. The public park land and improvements
shall be conveyed to the City in fee as dedicated parkland.
55
EXHIBIT `D"
PROJECT DEVELOPMENT FEES
Prior to the recordation of the final tract map, the Owner shall provide, to the satisfaction of the
City Engineer, the intersection improvements identified in the EIR traffic impact analysis or
provide a "fair -share" contribution toward the cost of the improvements to the following
intersections: (1) Brea Canyon Road (W) at Pathfinder Road; (2) Diamond Bar Boulevard at
Pathfinder Road; (3) Brea Canyon Road at Cold Spring Lane; (4) Diamond Bar Boulevard at
Cold Spring Lane; (5) Pathfinder Road at Brea Canyon Cutoff; (6) SR -57 SB Ramps at Brea
Canyon Cutoff Road; (7) SR -57 NB Ramps at Brea Canyon Cutoff/Diamond Bar Boulevard; (8)
Brea Canyon Road at Silver Bullet Drive; (9) Diamond Bar Boulevard at Grand Avenue; and
(10) Colima Road at Brea Canyon Cutoff.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA#/SUBJECT:
CITY CLERK
DATE: �J Oto1
`S1aC PHONE:0
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above:
gnat re
This document is a public record subject to disclosure under the Public Records Act.
i
FP(1
. X99
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA#/SUBJECT:
CITY CLERK
1 lU12 ���YiJc DATE:
`� PHONE: /
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above.
Signature
This document is a public record subject to disclosure under the Public Records Act.