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032117 - Agenda - Regular Meeting
City Council Agenda Tuesday, March 21, 2017 Closed Session – 5:15 p.m., Room CC-8 Study Session – 5:30 p.m., Room CC-8 Regular Meeting - 6:30 p.m. The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 JIMMY LIN Mayor RUTH M. LOW Mayor Pro Tem CAROL HERRERA Council Member NANCY A. LYONS Council Member STEVE TYE Council Member City Manager James DeStefano • City Attorney David DeBerry • 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 requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an age nda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. 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 Cha mbers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time-Warner Cable Channel 3 and Verizon FiOS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Time-Warner Cable Channel 3, FiOS television Channel 47 and on the City’s website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days’ notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 5:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 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. THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME- WARNER CABLE CHANNEL 3 AND FRONTIER FiOS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA March 21, 2017 Next Resolution No. 2017-07 Next Ordinance No. 02(2017) CLOSED SESSION: 5:15 p.m., Room CC-8 PUBLIC COMMENTS: Public Employee Appointment Pursuant to Government Code Section 54957. Title: City Manager STUDY SESSION: 5:30 p.m., Room CC-8 FY 2017-18 STRATEGIC PLAN-DISCUSSION AND ACTION. PUBLIC COMMENTS: CALL TO ORDER: 6:30 P.M. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Thad Lanthripe Church of the Valley ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro Tem Low, Mayor Lin MARCH 21, 2017 PAGE 2 APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NONE. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENTS: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting - March 23, 2017 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission Meeting - March 28, 2017 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Joint City Council and Planning Commission Meeting - March 29, 2017 - 6:30 p.m., Windmill Community Room, 21810 Copley Drive 5.4 State of the City - March 30, 2017 6:00 p.m., Grand View Ballroom, 1600 S. Grand Avenue. 5.5 City Council Meeting - April 4, 2017 - 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: MARCH 21, 2017 PAGE 3 6.1 WAIVE READING IN FULL FOR ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVAL OF CITY COUNCIL MINUTES: 6.2.a Study Session Minutes of March 7, 2017 6.2.b Regular Meeting Minutes of March 7, 2017. Recommended Action: Approve. Requested by: City Clerk 6.3 PLANNING COMMISSION AND GENERAL PLAN ADVISORY COMMITTEE MINUTES : 6.3.a General Plan Advisory Committee of October 12, 2016 6.3.b Planning Commission Minutes of January 10, 2017. 6.3.c Planning Commission Minuates of February 14, 2017. Recommended Action: Receive and file. Requested by: Community Development Department 6.4 RATIFICATION OF CHECK REGISTER DATED MARCH 2, 2017 THROUGH MARCH 15, 2017 TOTALING $ 795,222.68 Recommended Action: Ratify. Requested by: Finance Department 6.5 APPROVE CONTRACT AMENDMENT WITH THE TAIT GROUP (TTG) IN THE NOT-TO-EXCEED AMOUNT OF $33,600 FOR PROFESSIONAL CONSULTING/ADVOCACY SERVICES RELATED TO THE STATE ROUTE 57/60 FREEWAY CONGESTION RELIEF STRATEGY AND STATE/FEDERAL FREIGHT PLANS Recommended Action: Approve. Requested by: Public Works Department 6.6 AWARD A THREE-YEAR CONTRACT FOR STREET SWEEPING SERVICES TO R.F. DICKSON CO., INC., IN THE NOT-TO-EXCEED ANNUAL AMOUNT OF $176,489. Recommended Action: Award. Requested by: City Manager MARCH 21, 2017 PAGE 4 6.7 APPROPRIATE $30,000 OF QUIMBY FUND RESERVES TO THE FY 16-17 CIP BUDGET; ADOPT RESOLUTION 2017-XX APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AWARD THE CONSTRUCTION CONTRACT FOR THE LONGVIEW PARK SOUTH IMPROVEMENT PROJECT TO DD SYSTEM, INC. DBA ACE CD IN THE AMOUNT OF $282,589.83 AND AUTHORIZE A CONTINGENCY AMOUNT OF $28,259 (10% OF THE TOTAL CONTRACT) FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $310,848.83. Recommended Action: Appropriate, Adopt, Award, and Authorize Requested by: Public Works Department 7. PUBLIC HEARINGS: 7.1 ORDINANCE 0X (2017) OF THE CITY OF DIAMOND BAR AMENDING TITLE 10, BY ADDING SECTION 10.16.215 TO THE DIAMOND BAR MUNICIPAL CODE PROHIBITING THE OVERNIGHT PARKING OF VEHICLES IN CITY-OWNED PARKING LOTS Recommended Action: Receive Staff's Report; Open the Public Hearing; Receive Testimony; Close the Public Hearing; Discuss and Adopt for first reading Ordinance No. XX (2017), and upon approval, schedule the second reading for the City Council's next scheduled meeting. Requested by: City Manager 7.2 ADOPT RESOLUTION NO. 2017-XX: APPROVING MITIGATED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP NO. 72035 FOR THE SUBDIVISION OF AN EXISTING 4.2 ACRE LOT INTO THREE LOTS FOR THE FUTURE DEVELOPMENT OF NEW SINGLE-FAMILY RESIDENCES ON THE TW O NEWLY CREATED LOTS LOCATED AT 22702 TIMBERTOP LANE, DIAMOND BAR CALIFORNIA (APN 8713- 028-012) Recommended Action: Receive Staff's Report; Open the Public Hearing; Receive Testimony; Close the Public Hearing; Discuss; and Adopt Resolution No. 2017-XX Adopting the Mitigated Negative Declaration ("MND") Prepared for the Project and Approving Tentative Parcel Map No. 72035 Based on the Findings of Fact, and Subject to the Conditions of Approval Contained therein. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: NONE. 9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: MARCH 21, 2017 PAGE 5 10. ADJOURNMENT: Agenda #: 1 Meeting Date: March 21, 2017 CITY COUNCIL STUDY S ESSION REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager FROM: Ryan McLean, Assistant City Manager TITLE: FY 2017-18 STRATEGIC PLAN-DISCUSSION AND ACTION. FINANCIAL IMPACT: None. BACKGROUND: The City Council’s adopted Fiscal Year 2016-17 Goals & Objectives included the development of a Strategic Plan. Per this direction, staff has created a draft Plan for Council consideration. DISCUSSION: The draft Strategic Plan presented here is a new and dynamic approach to the Go als & Objectives process. By identifying the City’s vision, goals, and priorities, the Strategic Plan creates a roadmap to implement the initiatives of the City Council with measurable reporting and defined completion timeframes. Ultimately, the objectives contained in the approved Strategic Plan will be used to develop the annual budget and departmental goals. RECOMMENDATION: It is recommended that the City Council review the draft Strategic Plan and provide feedback and direction to staff. Upon receiving direction, staff will bring the item back to the City Council for formal action at a future meeting. Attachments: 1. 1.a Strategic Plan - Draft 03.13.2017 1 Packet Pg. 8 From Vision to Action: Diamond Bar’s Strategic Plan One Vision – Three Goals – Six Priorities GOALS PRIORITIES Community – Strong Community, Economic Development Livability – Quality of Life, Public Safety, Wellness Transparency – Open Government, Communication, Public Engagement Accountability – Responsible, Asset Management, Fiscal Responsibility Mobility – Transportation Infrastructure/Traffic Mitigation, Bikeability, Trails Service – Continued Excellence, Effective Workforce, City, Partnerships, Community Events & Programming VISION Celebrating our Roots, Building a Thriving Future Distinctly Diamond Bar 1.a Packet Pg. 9 Strategic Plan - Executive Summary INTRODUCTION This Strategic Plan is a dynamic roadmap to help realize our community’s future and will provide us with the tools to identify and evaluate City goals and align our strategic priorities into our vision – “Celebrating our Roots, Building a Thriving Future”. This document is intended to be a concise tool for implementing the strategic priorities of the Diamond Bar City Council. The framework for this Strategic Plan was achieved by defining the City’s vision statement and identifying broad-overarching goals, all of which can be aligned with categorized strategic priorities. FRAMEWORK The purpose of the Strategic Plan is to introduce and advance the City of Diamond Bar’s Vision statement: Celebrating our Roots, Building a Thriving Future Our Vision is supported by three overarching Goals. 1. Responsible Stewardship of Public Resources 2. Open, Engaged & Responsive Government 3. Safe, Sustainable & Healthy Community Our Goals are aligned with six strategic Priorities. 1. Community 2. Livability 3. Transparency 4. Accountability 5. Mobility 6. Service Together, the goals and priorities are intended to take initiatives, programs, and projects from vision to action. Specific and measurable departmental objectives will be incorporated in the Strategic Plan and each objective will have a target “Implementation Timeframe”. Implementation strategies will be developed based on the City Council’s adopted budget and in conjunction with departmental business plans. Departments will be able to provide periodic status updates on their respective objectives and can further use the Council adopted Strategic Plan to support new and ongoing initiatives. An annual review will be conducted by the City Council to re-affirm the relevance of the goals and strategic priorities; in doing so, ongoing alignment toward advancing the City of Diamond Bar’s Vision Statement will continue. 1.a Packet Pg. 10 From Vision to Action: Diamond Bar’s Strategic Plan One Vision - Three Goals - Six Priorities FY 1 7 / 1 8 FY 1 8 / 1 9 FY 1 9 / 2 0 & B E Y O CO M M U N I T Y LI V A B I L I T Y TR A N S P A R E N C Y AC C O U N T A B I L I T MO B I I L I T Y SE R V I C E 1 Develop and consider options to increase the City’s Transient Occupancy Tax (TOT or “hotel room tax”) rate. 2 Complete a long-term fiscal sustainability report with strategies to meet future community needs and associated maintenance, renovation, and improvement costs. 3 Develop quarterly financial reports to monitor budgetary performance. 1 Implement a new budget development tool that will create efficiencies in the budget preparation process. 2 Create a new municipal budget document to modernize the formal presentation of the budget. 3 Complete the California Municipal Treasurers Investment Policy Certification program to demonstrate due diligence was performed on the City's Investment Policy. 4 Refine and update Finance policies to mirror the Government Finance Officers Association (GFOA) recommended best practices. 1 Conduct review the City's software applications to maximize efficiency and performance for internal and external users. 2 Develop a long-term upgrade and replacement plan for the City's software applications. 3 Integrate departmental software applications with the City's finance system. 1 Update the Park, Athletic and Facility Use Policy. 2 Update the Diamond Bar Center Use Policy. 1 Complete an inventory/maintenance/replacement schedule for Parks & facility infrastructure. 2 Develop a fleet management/maintenance/replacement plan. 3 Return maintenance responsibilities to the five homeowner's associations in Lighting & Landscape Assessment District (LLAD) #41. Parks & Recreation STRATEGIC PRIORITIESIMPLEMENTATION TIMEFRAME RESPONSIBLE STEWARDSHIP OF PUBLIC RESOURCES Finance Information Systems City Manager's Office Public Works 1.a Packet Pg. 11 FY 1 7 / 1 8 FY 1 8 / 1 9 FY 1 9 / 2 0 CO M M U N I T Y LI V A B I L I T Y TR A N S P A R E N C AC C O U N T A B I MO B I I L I T Y SE R V I C E 1 Revise City e-newsletters and the Mayor's Corner to enhance the manner in which information is being presented. 2 Complete the "Let's Talk Public Safety" meeting series, with invitations reaching all residential addresses. 3 Develop plans for the next phase of public safety community meetings/events. 4 Expand Restaurant Week to take place across multiple weekends. 5 Develop a Diamond Bar Day of Service event. 6 Expand the scope of Mayor's Business Meetings offered to the community. 1 Develop a records management plan that includes measurable goals for digitizing records across all City departments. 2 Establish and expand online public document database to make commonly requested public documents more accessible (Council & Commission documents, building permits, etc.). 1 Implement an employee performance management system that includes a revised evaluation process, form and training. 2 Expand employee training, leadership, and customer service training opportunities. 3 Conduct succession planning efforts to prepare for a transitioning workforce. 4 Develop a City-wide volunteer program. 5 Roll out an employee health and wellness initiative. 1 Develop an updated e-Government Strategic Plan that focuses on public service delivery through technology avenues. 2 Develop a new Geographic Information System (GIS) Strategic Plan that will aide in effectively and methodically managing the City's geospatial capabilities and tools. 1 Expand and streamline online registration capabilities and increase overall online registrations. 2 Develop a marketing plan to attract and increase weekday corporate/non-profit rentals. 3 Conduct quarterly electronic customer service/satisfaction surveys of facility rental customers, and contract class participants. 4 Conduct customer service/satisfaction surveys at the end of each youth and adult sports program. 1 Launch and market a redesigned City website. 2 Expand and improve the City's online presence by participating in various social media platforms and messaging in popular multimedia methods. 3 Leverage technological tools such as subscription-based text messaging and email or electronic newsletters in order to widen the reach of communication efforts and drive more visitors to the City website. Parks & Recreation Public Information City Manager's Office Information Systems OPEN, ENGAGED & RESPONSIVE GOVERNMENT City Clerk Human Resources & Risk Management 1.a Packet Pg. 12 4 Establish a program where the City can solicit and gather regular input and feedback of community members regarding general programs, services and initiatives through online polls, print and electronic surveys, and phone or in-person interviews. 5 Develop an online-based business directory and resource program. 6 Create a mobile history display to be used at City events. 7 Develop a master calendar for each department (city-wide) for events, programs, and projects to assist with community engagement and outreach. 8 Develop a City-wide communications strategic plan and branding guide to ensure consistent messaging across all departments. 9 Centralize access to public records via an online transparency portal. FY 1 7 / 1 8 FY 1 8 / 1 9 FY 1 9 / 2 0 CO M M U N I T Y LI V A B I L I T Y TR A N S P A R E N C AC C O U N T A B I MO B I I L I T Y SE R V I C E 1 Attract and retain quality small businesses and national/regional credit tenants that diversify and increase the City's sales tax base. 2 Encourage participation in Neighborhood/Business Watch groups and enhance communication to groups already in place. 3 Offer new and enhance existing programs to encourage and increase community recycling. 4 Maintain and enhance the City’s emergency response readiness/preparedness through staff training/exercises/simulations, policy development and public education. 1 Update the City's Development Code and Design Guidelines. 2 Secure a development agreement for a new hotel project. 3 Implement a system that allows for the electronic submission of permits. 1 Draft recommended preferred plan and identify key goals. 2 Prepare an administrative/public draft of the General Plan for review via community workshops. 3 Prepare final draft of the General Plan and Environmental Impact Report for public review. 4 Adopt the City's updated General Plan. 1 Develop a parks facility inventory and maintenance plan. 2 Implement a "Healthy/Active Diamond Bar" program to encourage community health through an active lifestyle. 3 Complete construction of Larkstone Park and open facility to the public. 4 Develop uniform design guidelines for City park features. Parks & Recreation SAFE, SUSTAINABLE & HEALTHY COMMUNITY Update and adopt the City's General Plan - creating a vision and blueprint for development through 2040 Community Development City Manager's Office IMPLEMENTATION TIMEFRAME STRATEGIC PRIORITIES 1.a Packet Pg. 13 5 Working with Walnut Valley Unified School District and Pomona Unified School District, expand access to athletic facilities, including gymnasiums and fields. 1 Develop a City Active Transportation Program to be implemented in coordination with surrounding jurisdictions. 2 Develop plans to incorporate the design features of the City-wide Streetscape Design Guidelines at other arterial intersections and City entry points. 3 Develop a parks facility inventory and maintenance plan. 4 Develop a strategy for addressing the sewer system ownership issue. 5 Secure funding partners/sponsors to fund a "Quiet Zone" on the MetroLink train line at Lemon Avenue. 6 Evaluate alternative methods of transportation to enhance mobility throughout the City. 1 Complete construction of the westbound SR-60 on-ramp from Grand Avenue (Phase One). 2 Complete construction of the westbound SR-60 off-ramp and auxiliary lane to Grand Avenue (Phase Two). 3 Complete design and begin construction of local improvements and streetscape enhancements at Grand/Golden Springs Intersection and Diamond Bar Golf Course frontage (Phase Three). 4 Complete local improvements at Grand/Golden Springs Intersection and Diamond Bar Golf Course frontage (Phase Three). 5 Continue advocacy efforts to accelerate construction funding for the 57/60 mainline improvements, bypass connections, and Grand Avenue bridge widening project (Phase Four). 6 Complete design engineering work for the 57/60 freeway mainline improvements, bypass connectors, and Grand Avenue bridge widening project (Phase Four). 7 Complete construction of the 57/60 freeway mainline improvements, bypass connectors, and Grand Avenue bridge widening project (Phase Four). 1 Complete feasibility study to determine the preferred and most effective options. 2 Continue federal advocacy efforts necessary to secure funding. 1 Adopt and implement a Complete Streets Policy on arterial roadways. 2 Complete the adaptive traffic management system. 3 Actively promote the Neighborhood Traffic Management Program (NTMP). 4 Advocate for regional transportation solutions that are equitable in the distribution of goods movement traffic. 5 Actively oppose proposals that include a freight corridor on SR-60 or the San Jose Creek wash. Public Works 57/60 Confluence Project 57/60 "Big Fix" Project Traffic Congestion Mitigation Strategies - City Arterial Streets 1.a Packet Pg. 14 Agenda #: 6.1 Meeting Date: March 21, 2017 TO: Honorable Mayor and Members of the City Council FROM: Tommye Cribbins, City Clerk TITLE: WAIVE READING IN FULL FOR ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. RECOMMENDATION: Approve. PREPARED BY: 6.1 Packet Pg. 15 Agenda #: 6.2 Meeting Date: March 21, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: APPROVAL OF CITY COUNCIL MINUTES: RECOMMENDATION: Approve. Attachments: 1. 6.2.a Study Session Minutes of March 7, 2017 2. 6.2.b Regular Meeting Minutes of March 7, 2017. 6.2 Packet Pg. 16 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 7, 2017 STUDY SESSION: M/Lin called the Study Session to order at 5:30 p.m. in Room CC-8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro Tem Low and Mayor Lin Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Ken Desforges, IS Director; Dianna Honeywell, Finance Director; Greg Gubman, Planning Director; Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources/Risk Manager; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. ► FEE STUDY UPDATE – DEVELOPMENT AND ADMINISTRATIVE MISCELLANEOUS SERVICES. . ACM/McLean reported that tonight the City Council will discuss the City’s recently completed Fee Study, a document that identifies the fully burdened costs to provide all services that are provided to the public throughout and across the organization. The two areas of discussion tonight include Development Services and Administrative and Miscellaneous Services. Recreation will come back to the City Council at another Study Session. Community Supported Services serve the overall community welfare and include a specific rationale for subsidizing those fees which include Public Safety, provision of Parks, and Streets (general things that everyone uses for which the City does not charge fees). These particular fees are usually funded with tax revenues because they serve the entire public. The second type of services are Personal Choice Services, services that go directly to an individual, business, developer, etc. that provide personal benefit which includes, facilities rentals, building permits, etc. which are primarily funded through the collection of service fees. In general, the assumption is that these services are not subsidized with tax dollars that go to fund Community Supported Services. Currently, the City subsidizes the Personal Choice Services with the General Fund tax dollars. Earlier this year CM/DeStefano authorized a new study and the City used a consultant Revenue Cost Specialists (RCS), a firm that has conducted many fee studies for cities across the state of California. Components used to create a fee study include Cost Revenue Analysis, Identifying the Beneficiaries, Developing legally defensible baseline for a full-fee resolution and recommending fee and policy adjustments for Council’s consideration. Consultant Eric Johnson spent a lot of time with each department going through the service levels and the time it takes 6.2.a Packet Pg. 17 ______________________________________________________________________ MARCH 7, 2017 PAGE 2 CC STUDY SESSION to provide each service. Staff reviewed the budget, developed a cost-allocation plan, reviewed services and categorized between those that are community support and personal choice, and reviewed the recovery percentages in order to develop its recommendation. Staff found that Personal Choice Services are exceeding the City’s revenue on an annual basis which means that the taxpayer is subsidizing the costs of providing those services. At the current rate, the City is subsidizing at a level of $917,534 based on the year that included the Willow Heights Development which means it is a little higher than expected in a normal year because there were permits generated for the project. If the fees had been charged at the level of costs that staff has now determined them to be, it would have generated an additional $917,534 for the year meaning that those dollars would not have been taken from the General Fund for subsidies. Staff anticipates that in Fiscal Year 2017-18 that amount will be lower because the City is not anticipating as much traffic across the counter for those services. The fee study shows the current level versus the actual cost to provide the service based on the recently completed study. C/Tye asked why the City would not charge what it believes to be the actual cost . AtoCM/Santos explained that for purposes of this study some costs were rounded down. C/Tye asked if the charge should be hourly instead of fixed. AtoCM/Santos said that for some items such as a plot plan, the standard is 10 hours and based on the time allocation the City could justify a flat fee or split the difference. CM/DeStefano said rather than look at the breaks, he would look more at the fundamental principal of the full-cost recovery. Philosophically, the question would be, does the Council want to continue with the traditional approach, particularly with respect to Development Service fees, for which the applicant is paying the full cost for the services/permits they are seeking versus the general public continuing to subsidize those services. Staff’s recommendation is that the Council consider reducing or eliminating the subsidies on the Personal Choice Services and implement a full-cost recovery method with annual fee adjustments based on CPI during the period between these fee studies. Again, staff will bring the Parks and Recreation fees to the City Council at a future meeting to discuss in depth. The City Council is the policymaking authority on this matter, this is staff’s recommendation. MPT/Low asked how the City’s fees compare to those of neighboring cities and/or cities of similar size. 6.2.a Packet Pg. 18 ______________________________________________________________________ MARCH 7, 2017 PAGE 3 CC STUDY SESSION ACM/McLean reiterated that this study did not compare Diamond Bar with other cities because other cities are very different – different cost factors, different administrative overhead, different staffing and retirement concerns – because it is very difficult to get a number that is comparable, especially when developing the depth of detail in this study. CM/DeStefano said that other cities’ policy objectives could be different. There were questions asked about certain fees in Arcadia for an item on the last City Council agenda. Just as with that item, every city does it differently. They m ay receive significantly more property tax or sales tax or other things Diamond Bar does not have. They have other fees they charge the public so they can charge less or more for development. They may wish to encourage development by being overly business-friendly in every category of development services; or they want to discourage development so they charge higher fees. City Council discussion ensued. C/Tye said that because of the current system, last year the City subsidized a national builder which is ridiculous and that should not have been done. It is too late to fix it but going forward, the City should not put itself in that position again. CM/DeStefano said that with any project, based upon the fact that the fees have not been increased in several years, in many categories the City is subsidizing the cost to provide that service. Lennar is a little different because the City negotiated a developer fee, benefits to the school district (a collateral benefit for residents in the community) and the City came out on the right side of that project. To C/Tye’s point, there are other projects where over the last several years the City has probably subsidized and whether it was a large or small developer, the City should not have done so. C/Lyons asked if the City subsidized the office building that was parceled out into office condominiums. CM/DeStefano said those were likely hourly rate projects to process it through the Planning Commission and/or the City Council and all of the tenant improvements for the buyers/operators would be quantity based fees for their building permits. While the City charged an hourly rate for the work it performe d the City likely did not charge the rate it should have because the rate was based on numbers from a few years previous. C/Tye said that several Council Members have remodeled their homes and asked if that would have prevented any one of them from mov ing forward with their remodel and the answer is “no.” C/Lyons said she did not figure the permit cost into the remodel. 6.2.a Packet Pg. 19 ______________________________________________________________________ MARCH 7, 2017 PAGE 4 CC STUDY SESSION Staff processes thousands of permits per year and when issues come up they are rarely, if ever, about the fees. It is always about the time it took to get something done, clarity of the direction/regulations, and concerns of the homeowner who does not have the expertise. It is never about the money for those permits – those are soft costs that are part of the project processing. C/Lyons said that when she first moved into her home she did not have neighbors to the north and south of her property and she would prefer it be that way today so she did not perceive a benefit from the new neighbors acquiring building permits to improve their properties. CM/DeStefano said the point is that the person requesting the service should be paying the full cost of that service, not other property owners, taxpayers in Diamond Bar. M/Lin felt the fixed costs should be lowered by removing fixed costs. CM/DeStefano reminded Councilmembers that during the five worst recessionary years Diamond Bar did not have to lay off any staff. Staff helped him find the money he needed to keep the City afloat. On the contract side, there were no building and safety people and not a lot of construction was taking place on the roadways. Those things were not happening and everything was absorbed through those down years. C/Herrera said that when speaking about subsidizing it is actually a drain on the General Fund. CM/DeStefano agreed. C/Herrera said that the more there is a drain on the General Fund the less money the City has for other programs and people are constantly knocking on the City Council’s doors asking for more fields for the kids, better parks, senior’s wanting more programs and so on. If one aspect of a business is constantly draining its general fund there won’t be enough money to do other things for the public good and it becomes out-of-balance. Council Members felt that certain projects that are making more profit should provide more dollars to the City. C/Tye said that those developers paid the fees that were on the books. ACM/McLean said that the City cannot just arbitrarily double their rates because the City cannot charge them more than what it costs to provide the service. CM/DeStefano said, and that’s the difference between the public and private sectors. The private sector can charge whatever the market will bear. The City 6.2.a Packet Pg. 20 ______________________________________________________________________ MARCH 7, 2017 PAGE 5 CC STUDY SESSION cannot. It can only charge what it costs to provide the service. The City can charge less, but not more than what it costs. C/Lyons asked if the Council felt the subsidy should apply to residential and not on anything else. C/Tye felt the City should charge the going rate period. MPT/Low said that to CM/DeStefano’s earlier point, the City’s agreement with Lennar included certain givebacks to the community which would not be possible with small homeowner projects. C/Lyons thought that Lennar paid full-bore. CM/DeStefano said that they paid more, which was in lieu of the sales taxes and property taxes the City would have expected from a commercial project and that it was all part of the negotiated conclusion. To MPT/Low’s comment, like business licenses, the City deliberately subsidizes that under the theory that Diamond Bar wants to make it easier for any size business to do business in this City. $39 is not that much more money than the $11 the City currently charges, but the Council may wish to subsidize certain “common” homeowner-oriented things like a water heater for example. He is not suggesting the Council needs to do that but if the Council wants to do that it may be a way because it would be a direct benefit to the homeowner/property owner. By extension, the cost of that permit to make sure the installation was done properly and safely, the permit is well worth the cost. C/Tye said the real problem is that if the City finds itself in a situation that the fee costs as much as the project, that is a problem and he does not hear that being said. If it costs $102 for a permit to put in a new water heater, that is part of the cost of the water heater and he does not believe his neighbor should subsidize that fee. He believes that is a far better example than whether it is a 300 foot, 500 foot or a full remodel or a full blown construction project like Lennar because that is something everyone will face as part of their project. MPT/Low felt some things should continue to be subsidized such as student filming permits. CM/DeStefano said staff tried to incorporate that philosophy in the document and the Council’s philosophy about Business Licenses is a very good example of that philosophy. It is a gift. The City is consciously providing that gift. It doesn’t hurt the City and in MPT/Low’s example, staff is thinking that if it is a student and legitimately a student event and not just a case of a student applying on behalf of an adult, that it assures the filming benefits the economy in California and that that particular industry remains in California rather than moving their production to another state. Some cities charge outrageous rates for film production and that 6.2.a Packet Pg. 21 ______________________________________________________________________ MARCH 7, 2017 PAGE 6 CC STUDY SESSION pushes filings to Arkansas, for example. Some cities have a much more open view of it because of the collateral benefits to the overall economy. Diamond Bar subscribes to the theory that it benefits the local economy. Diamond Bar works with Film LA and charges a minimal fee. If the filming requires Sheriff’s, road closure, fire department, those are extra. But for 99 percent of what Diamond Bar gets, it’s a no-brainer. M/Lin asked what staff would like from Council on this matter. CM/DeStefano said that C/Tye has suggested that the Council move toward what is staff’s recommendation for full-cost recovery and if the Council concurs, this will be placed on an upcoming City Council agenda for formal consideration and adoption. C/Lyons said that if there are certain things people feel strongly about subsidizing such as the Business License, would those comments be accepted by staff prior to it coming back to the Council. CM/DeStefano said yes. MPT/Low agreed with C/Lyons. C/Lyons said she generally agrees with cost-recovery but felt it would be fair for any Council Member to have input regarding certain items. MPT/Low said that Council Members could mark the items they feel deserve subsidies. This is a bedroom community and constituents are homeowners. C/Lyons said to C/Herrera’s point, whenever one thing is subsidized it is being taken out of the General Fund which takes away from other programs. C/Herrera said she is not interested in going line-by-line. C/Tye said he was not interested either and felt the City should be at full cost recovery. C/Herrera said it takes three Council Members to provide a direction to staff and asked what M/Lin wanted to do. M/Lin said he did not believe in micro -management but felt the Council needed more time to contemplate further changes. C/Tye said that making this decision would not preclude the Council from coming back to this matter after something came to their attention that needed to be massaged. M/Lin agreed. 6.2.a Packet Pg. 22 ______________________________________________________________________ MARCH 7, 2017 PAGE 7 CC STUDY SESSION CM/DeStefano said that staff would prepare this item for an upcoming Council meeting for late April or early May which does not preclude Council from continuing to think about it, review the documentation, ask staff questions for which answers will be shared with all five Councilmembers as this item moves forward. Public Comments: None ADJOURNMENT: With no further business to come before the City Council, M/Lin recessed the Study Session at 6:25 p.m. to the Regular Meeting. ________________________________ Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of , 2017. _______________________________ Jimmy Lin, Mayor 6.2.a Packet Pg. 23 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 7, 2017 STUDY SESSION: 5:30 p.m., Room CC-8 ► Fee Study Update – Development & Administrative Miscellaneous Services – Discussion and Action Public Comments: None Offered. Study Session Adjourned to Regular Meeting at 6:29 p.m. . CALL TO ORDER: Mayor Lin called the Regular City Council meeting to order at 6:36 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. CM/DeStefano reported that staff brought to the City Council for the second time a fee study that staff and consultants have been working on. The City provides a variety of customer service focused and cost-effective services to the community. Fundamentally, there are two areas of services, one of which is community supported services (parks, streets, public safety services) and personal choice services (building permits, facilities rentals, etc.). Tonight the City Council provided staff with good direction on the personal choice services to bring back the documents for more formal decision -making with the overall philosophy that the City will continue to seek full -cost recovery at an upcoming City Council meeting. PLEDGE OF ALLEGIANCE: C/Lyons led the Pledge of Allegiance INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church, gave the invocation ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro Tem Low and Mayor Lin Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Ken Desforges, IS Director; Dianna Honeywell, Finance Director; Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources/Risk Manager; Danette Allen, Management Analyst; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 6.2.b Packet Pg. 24 MARCH 7, 2017 PAGE 2 CITY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: Nick Holden, representing Supervisor Janice Hahn invited residents to connect with his office to exchange information. . Pui Ching Ho, Diamond Bar Library spoke about upcoming Library events. During March residents are invited to come to the library to pick up coloring sheets to celebrate women authors who have written children’s books. On Saturday, March 11 at 3:00 p.m. join the library for an afternoon of gardening with Master Gardener Joan Borgman and create a family container garden of herbs and vegetables to take home. Plants, pots and soil will be provided. Space is limited so please sign up at the information desk. On Saturday, March 18 at 3:00 p.m. families are invited to bring their children to a hands on event featuring science, technology, engineering and math concepts. Please check the library website at http://colapublib.org/libs/diamondbar/index.php for additional programs and events. Teri Muse, Waste Management, presented the City with a paint care reimbursement check for the At-Your-Door program for quarter 3, 2016. During this quarter, Diamond Bar residents recycled 644 gallons of paint which equates to $1,257.90 that goes back to the City of Diamond Bar. She encouraged everyone to continue recycling by using the At -Your-Door program which allows residents to dispose of any household hazardous waste. She invited everyone to participate in the Medication Takeback Program from 10:00 a.m. to 2:00 p.m. on April 29 at the Diamond Bar Kaiser-Permanente offices and thanked the Sheriff’s Department for volunteering to assist the DA’s office with the opportunity for residents to bring any unused and/or expired medication for proper disposal. “From environmental protection to everyday collection, think green, think Waste Management.” Dr. Doshi, along with Mr. Shah and Mrs. Kothari representing the Diamond Bar High School South Asian Parents Association (SAPA) i nvited everyone to attend a fundraising event being held on March 31, 2017 at the Diamond Palace Restaurant, with funds going to the high school. This is the fourth year the organization will be celebrating the “Evening of Colors” and like any other Indian event, there will be good food, colo rful attire and good entertainment. In the past the Diamond Bar Foundation and the Diamond Bar City Council have contributed to help the event become successful and the organization looks forward to their continuing support. Mrs. Kothari thanked the City Council for their support. Mr. Shah said they are grateful for the City’s financial support. 6.2.b Packet Pg. 25 MARCH 7, 2017 PAGE 3 CITY COUNCIL Dr. Doshi responded to C/Tye that anyone who is interested in joining in the fundraising event he will leave a flyer with phone numbers and emails at City H all tomorrow morning. 4. RESPONSE TO PUBLIC COMMENTS: None. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting – March 9, 2017 – 7:00 p.m. – Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission Meeting – March 14, 2017 – 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting – March 7, 2017 – 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.4 Joint Meeting of the City Council and Planning Commission – March 29, 2017 – 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 State of the City – March 30, 2017 – 6:00 p.m., Diamond Bar Center Grand View Ballroom, 1600 South Grand Avenue. 6. CONSENT CALENDAR: C/Herrera moved, C/Tye seconded, to approve the Consent Calendar with MPT/Low asking that Item 6.6 be pulled for discussion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVED CITY COUNCIL MINUTES: 6.2.1 Study Session Minutes of February 21, 2017 – as submitted. 6.2.2 Regular Meeting of February 21, 2017 – as submitted. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES OF January 12, 2017. 6.4 RATIFIED CHECK REGISTER DATED February 16, 2017 through March 1, 2017 totaling $1,357,898.37. 6.5 APPROVED TREASURER’S STATEMENT FOR JANUARY 2017. 6.2.b Packet Pg. 26 MARCH 7, 2017 PAGE 4 CITY COUNCIL MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 AWARDED CONTRACT TO OPENGOV, INC., IN THE AMOUNT OF $32,450 ANNUALLY FOR FINANCIAL AND NON-FINANCIAL MANAGEMENT SOFTWARE SERVICES. MPT/Low asked if a five-year term was prudent and reasonable for a software contract. FD/Honeywell responded that the City is entering into a five-year contract that can be canceled by providing a 30 -day notice to the vendor. The reason the City entered into a five-year agreement was to lock in the 2016 pricing. MPT/Low asked for the total five -year amount to which FD/Honeywell responded about $162,250 with a pro-rated amount (of $11,750) for the current fiscal year bringing the total to $174,000. MPT/Low moved, C/Lyons seconded, to approve Award of Contract to OpenGov, Inc., in the amount of $32,450 annually for Financial and Non- Financial Management Software Services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARING: 7.1 ADOPT ORDINANCE NO. 01(2017): AN ORDINANCE OF THE CITY OF DIAMOND BAR MOVING CITY COUNCIL ELECTIONS TO A STATEWIDE GENERAL ELECTION DATE AS REQUIRED BY STATE LAW. CM/DeStefano stated that the City holds its local elections in odd- numbered years. State law has changed to require that the City Council consider its options and to move its City elections to even -numbered years. Foundational information was provided in a recent Study Session and tonight’s action item with staff’s recommendation is before the City Council for consideration. AtoCM/Santos reported that tonight’s item before the City Council is related to Elections. Since incorporation, City elections have been held in November of odd-numbered years. Statewide Election Law has changed 6.2.b Packet Pg. 27 MARCH 7, 2017 PAGE 5 CITY COUNCIL as a result of the adoption of SB415 which requires that cities adopt a plan by January 1 of 2018 and commence even -numbered election years by November 8, 2022. Staff performed an analysis which looked at the last four year statewide, primary and general election cycles which were held in June and November of even-numbered years and looked at City elections which were held in November of odd -numbered years. The result shows by percentage the number of voters that participated in election cycles in statewide, primary and City elections. As a result of SB415 there was a requirement wherein if City voting election patterns were under a certain threshold, the City would be required to move the elections to even-numbered year cycles. Based on the numbers, Diamond Bar meets that threshold, which requires the City to move the elections to an even-numbered cycle. Information was provided to the City Council that included information on ballot voter and voter fatigue on the estimated cost. There are various different numbers of items that are included in June and November elections which vary from election to election. Currently, the City spends approximately $150,000 every other year and it is likely that cost may decrease with con solidation with LA County in November of even-numbered years; however, at this point there are no firm numbers from the County Registrar-Recorder. With respect to timing, the current election is scheduled for November 2017 and depending on the outcome of Council’s decision this evening, staff will need to contact the Registrar-Recorder’s Office and request that the Board of Supervisors formally adopt the City’s plan to render it “operative” at which point the City will notify registered voters in advance of the November 2017 election indicating when the new election will take place. November elections traditionally have a higher turnout than June elections, especially in even-numbered years. There are three options under consideration: 1) No change in 2017 which means the City would have the 2017 election and it would change the subsequent 2019 and 2021 elections to either June or November of even - numbered years. 2) Modify beginning in 2019 which means it would change the 2019 election to an even-numbered cycle with the 2019 election moving to an even-numbered cycle before the November 8, 2022 requirement that “all changes be made.” 3) Extend the existing terms by six or 12 months so that the 2017 election would take place in November 2018 and extend the 2019 election to 2020 which would be either a six or 12 month extension. As a result of information presented to the City Council, staff is recommending that the City Council consider Option 3, and adopt an Ordinance moving the City Council elections to a statewide General Election date in November of even numbered years which would move the November 2017 election to November 2018 and the November 2019 election to November 2020. Once the Council takes action, the Ordinance immediately takes effect at which point it will be submitted to the LA 6.2.b Packet Pg. 28 MARCH 7, 2017 PAGE 6 CITY COUNCIL County Registrar-Recorder so that they can provide it to the County Board of Supervisors for formal action at which point the Ordinance will become operative and all registered voters in the City of Diamond B ar will be notified of such action within 30 days of the County Board of Supervisor’s Notice of Approval of the Ordinance. M/Lin opened the Public Hearing at 7:04 p.m. Paul Sherwood said his initial reaction is that a November election provides residents with large voter pamphlets containing so many choices and he felt a June election might better serve the community so that the City Council elections would not get lost in a November election. M/Lin closed the Public Hearing at 7:06 p.m. M/Lin responded to Mr. Sherwood that the City Council discussed his concern with staff in depth. AtoCM/Santos responded to Mr. Sherwood that when staff performed its analysis, the Registrar-Recorder provided a substantial amount of information with respect to voter fatigue regarding such things as the number of pages, items to be voted on, and the number of pages in the voter pamphlet. In general terms, there were more total numbers in November but in actuality, there were often more decisions to be made in the June elections. For example, there may be five individuals running for one assembly seat, seven running for one school district seat, etc. and the way California elections work, depending on the outcome of the primary election, the top two then go to November f or final selection which means there might be more people one would have to choose from for one open seat in June, but fewer ones would selected in November. In fact, there were fewer pages in the November pamphlet than in the June primary although there were more total numbers to be voted on in the November versus June. Voting percentages in November were substantially higher than in June and the City’s election in odd-numbered years. In short, there are cases to be made in either situation. C/Herrera said she appreciated staff’s analysis and the time they took to investigate this matter and to try and choose a time when it might be easiest for residents and voters to make their decisions and as such, staff is recommending Option 3 with elections being in November of even- numbered years. C/Lyons felt it was unfortunate that the state legislature was causing the City to change the date of its election because as a speaker just pointed out, the November ballot in the odd years is quite small and it allows people to focus on the races that are more important to the residents and what happens in the community for the school boards, water board and 6.2.b Packet Pg. 29 MARCH 7, 2017 PAGE 7 CITY COUNCIL City Council. She is also very concerned about voter fatigue and has looked at the issue with AtoCM/Santos several times. Ballots have become very long and convoluted for the primary and general elections and that the titles of the proposition do not always accurately reflect what the propositions mean. So in order to vote intelligently, one has to do some research. Most of the propositions end up on the November ballot and what she looked at was the number of decision points between November and June for each of those years which would be a proposition or a state assembly or City Council position. What she f ound was that there were considerably more decision points in November than in June. Even though there may be 20 people running for Governor, it is still one decision. That is why she believes the June ballot is better than the November ballot. MPT/Low said she agreed with C/Lyons in that voter fatigue is an issue and it seems like voters are bombarded with initiative after initiative after initiative which is unfortunate. It is also unfortunate that the state legislators have altered the law requiring cities to make this change. She thought that the current system of odd years was very good but here we are. C/Herrera moved, MPT/Low seconded, to Adopt Ordinance No. 01- 2017: An Ordinance of the City of Diamond Bar moving City Council elections to a statewide General Election date as required by state law. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS: Lyons ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Lyons said that along with her colleagues she attended the Regional Chamber of Commerce Salute to Heroes Breakfast. It was a pleasure to recognize law enforcement, fire and emergency personnel from this area. One of Diamond Bar’s own, Deputy Chad Holland, was recognized. The entire Diamond Bar City Council, CM/DeStefano and ACM/McLean met with the new County Supervisor Janice Hahn and everyone did their best to educate her on what is considered one of Diamond Bar’s priorities – traffic, traffic and more traffic. Last Sunday she and C/Tye joined the community at the Diamond Bar Community Foundation event “Walk for the Kids” which was a lot of fun and involved a lot of small children who beat everyone on the 5K run. 6.2.b Packet Pg. 30 MARCH 7, 2017 PAGE 8 CITY COUNCIL C/Herrera thanked Nick Holden for introducing himself to the City Council and she looks forward to contacting him in the Rowland Heights office. It was a pleasure to attend Janice Hahn’s reception for all elected officials in her district. The City looks forward to working with her, particularly with respect to Diamond Bar’s favorite project which is the SR57/60 Confluence/Interchange. She thanked Teri Muse for talking about the program where r esidents can call in to make arrangements for Waste Management to pick up paint and other hazardous waste materials. She asked how many such pickups were allowed per year per household and was told “two.” C/Tye said that as nice as it was at the 1K/5K he beat C/Lyons across the finish line. He asked Mr. Holden to remind Supervisor Hahn that Diamond Bar was the only Council that turned out en mass and he is pretty sure she owes the Council a trophy. It was great that the Diamond Bar Community Foundation hosted the 1K/5K which seems to get better and better. Congratulations to Crystal Spindler who works on the Windmill who does a great job. Congratulations to the Diamond Bar Pony League on their new season with more kids this year than last year. It is encouraging to see parents turn out on a day that it is raining sideways and the temperature is at about 50 degrees. The fields look great and in the immortal words of Ernie Banks, “It’s time to Let’s Play two”. MPT/Low reminded everyone that toda y is voting day so it is time to register your vote so that it will count. Last week she attended the Audit and Public Safety Council Subcommittee meeting and it was her pleasure to report that Diamond Bar has a number of safeguards in place to ensure tha t its tax dollars are properly spent and accounted for thanks to FD/Honeywell and her team. The Public Safety Team led by Captain Reyes and Lt. Marquez demonstrated their knowledge, commitment, innovation and grit to and for the community in their effort to solve and deter crimes in Diamond Bar. As they reported, it was very evident that they had a genuine concern and commitment for the safety of each resident. Last Saturday a group of Cub Scouts were promoted to Boy Scouts. She and M/Lin honored and thanked the adult leaders for their leadership, commitment and time spent working with the kids, showing them skills and teaching values and character traits they need to become good citizens. Birthday wishes to C/Lyons today and every day in the coming yea r. M/Lin said it has been a very busy two weeks for the City Council with the Heroes Breakfast and committee meetings. The highlight of the week for him was the evening with the Cub Scouts. It was a lot of fun and there were a lot of people present at the event. ADJOURNMENT: With no further business to conduct, M/Lin adjourned the Regular City Council Meeting at 7:19 p.m. _____________________________________ Tommye Cribbins, CITY CLERK 6.2.b Packet Pg. 31 MARCH 7, 2017 PAGE 9 CITY COUNCIL The foregoing minutes are hereby approved this day of , 2017. Jimmy Lin, MAYOR 6.2.b Packet Pg. 32 Agenda #: 6.3 Meeting Date: March 21, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: PLANNING COMMISSION AND GENERAL PLAN ADVISORY COMMITTEE MINUTES : RECOMMENDATION: Receive and file. Attachments: 1. 6.3.a General Plan Advisory Committee of October 12, 2016 2. 6.3.b Planning Commission Minutes of January 10, 2017. 3. 6.3.c Planning Commission Minuates of February 14, 2017. 6.3 Packet Pg. 33 6.3.a Packet Pg. 34 6.3.a Packet Pg. 35 6.3.a Packet Pg. 36 6.3.a Packet Pg. 37 6.3.a Packet Pg. 38 6.3.a Packet Pg. 39 6.3.a Packet Pg. 40 6.3.a Packet Pg. 41 6.3.a Packet Pg. 42 6.3.a Packet Pg. 43 6.3.a Packet Pg. 44 6.3.a Packet Pg. 45 6.3.a Packet Pg. 46 6.3.a Packet Pg. 47 6.3.a Packet Pg. 48 6.3.a Packet Pg. 49 6.3.a Packet Pg. 50 6.3.a Packet Pg. 51 6.3.a Packet Pg. 52 6.3.a Packet Pg. 53 6.3.a Packet Pg. 54 6.3.a Packet Pg. 55 6.3.a Packet Pg. 56 6.3.b Packet Pg. 57 6.3.b Packet Pg. 58 6.3.b Packet Pg. 59 6.3.b Packet Pg. 60 6.3.b Packet Pg. 61 6.3.b Packet Pg. 62 6.3.b Packet Pg. 63 6.3.b Packet Pg. 64 6.3.b Packet Pg. 65 6.3.c Packet Pg. 66 6.3.c Packet Pg. 67 6.3.c Packet Pg. 68 6.3.c Packet Pg. 69 6.3.c Packet Pg. 70 6.3.c Packet Pg. 71 6.3.c Packet Pg. 72 Agenda #: 6.4 Meeting Date: March 21, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED MARCH 2, 2017 THROUGH MARCH 15, 2017 TOTALING $ 795,222.68 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 795,222.68 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council Meeting. DISCUSSION: The attached check register containing checks dated March 2, 2017 through March 15, 2017 for $ 795,222.68 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 6.4 Packet Pg. 73 REVIEWED BY: Attachments: 1. 6.4.a Check Register 3-21-17 2. 6.4.b Check Register Report 3-21-17 6.4 Packet Pg. 74 6.4.a Packet Pg. 75 6.4.b Packet Pg. 76 6.4.b Packet Pg. 77 6.4.b Packet Pg. 78 6.4.b Packet Pg. 79 6.4.b Packet Pg. 80 6.4.b Packet Pg. 81 6.4.b Packet Pg. 82 6.4.b Packet Pg. 83 6.4.b Packet Pg. 84 6.4.b Packet Pg. 85 6.4.b Packet Pg. 86 Agenda #: 6.5 Meeting Date: March 21, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: APPROVE CONTRACT AMENDMENT WITH THE TAIT GROUP (TTG) IN THE NOT-TO-EXCEED AMOUNT OF $33,600 FOR PROFESSIONAL CONSULTING/ADVOCACY SERVICES RELATED TO THE STATE ROUTE 57/60 FREEWAY CONGESTION RELIEF STRATEGY AND STATE/FEDERAL FREIGHT PLANS RECOMMENDATION: Approve. FINANCIAL IMPACT: A total of $40,000 has been approved in the FY 2016 -2017 operating budget for professional consulting services related to the 57/60 Congestion Relief Strategy. BACKGROUND/DISCUSSION: The Fiscal Year 2016/2017 City Council Goals and Ob jectives include (1) completion of the SR 57/60 Confluence Project, (2) completion of the 57/60 “Big Fix” Project, and (3) advocacy for transportation solutions that are equitable in their distribution of goods movement related traffic as Traffic Mitigation Goals. Engineering efforts to work towards the SR 57/60 Freeway “Big Fix” began in March 2007 when Fehr and Peers was retained to provide technical support in evaluating two (2) regionally significant interchange projects: Lemon Avenue Interchange at SR-60 and Grand Avenue Interchange at the 57/60 confluence area. The Tait Group was first retained in June 2013 to assist in the implementation of the 57/60 Confluence Project and to monitor/represent City interests related to the East - West Freight Corridor and the State/National Freight Plans. The current and upcoming scope of work includes the continued implementation and monitoring of transportat ion projects/priorities that are critical to the City. The Tait Group (TTG) provides a day-to- day project advocate, manager, and facilitator to ensure that our issues/interests are addressed in a productive and timely manner. Three (3) key tasks have been identified as follows: 6.5 Packet Pg. 87 Task A: Project management of the Supplemental Needs Study for the missing components/elements at SR 57/60. Task B: Ongoing monitoring and coordination of the 57/60 Confluence Project and related programming and funding strategies. Task C: Monitor and represent City interests related to the State and National Freight Plans. In 2016, there have been numerous accomplishments with TTG’s support: 1. Helped the City pursue two rounds of Federal FASTLANE Grant funds for the 57/60 Confluence Project. 2. Coordinated with SCAG, CT and City team to help manage and implement the 57/60 Supplemental Needs Study. Acted as the PM for the City. 3. Tracked the progress of the SCAG Financial Study focused on the initial operating segment for the East-West Freight Corridor. 4. Supported the City with all strategic coordination dealing with CT D7, CT HQ, Metro, and SCAG related to various City transportation priorities. Set and led all conference calls and meetings to address ongoing issues/actions. 5. Monitored and engaged with CT staff in the State Freight Plan (CFAC) and Federal Freight Plan efforts. Continue to ensure that the 57/60 Project is on both the State (CFMP) and Federal (Projects of National and Regional Significance Program under MAP-21) priority lists for future action and funding. 6. Supported the City in tracking and managing Industry’s ongoing funding efforts for Phase III of the 57/60 Confluence Project. 7. Supported coordination efforts related to funding for the SR-60/Lemon Interchange. 8. Tracked the progress of a SCAG sponsored and CT implemented PSR focused on SR-60 truck operations and goods movement needs. PREPARED BY: REVIEWED BY: REVIEWED BY: Attachments: 6.5 Packet Pg. 88 1. 6.5.a Contract Amendment No. 4 to the Tait Group 6.5 Packet Pg. 89 6.5.a Packet Pg. 90 6.5.a Packet Pg. 91 6.5.a Packet Pg. 92 6.5.a Packet Pg. 93 6.5.a Packet Pg. 94 6.5.a Packet Pg. 95 Agenda #: 6.6 Meeting Date: March 21, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: AWARD A THREE-YEAR CONTRACT FOR STREET SWEEPING SERVICES TO R.F. DICKSON CO., INC., IN THE NOT-TO-EXCEED ANNUAL AMOUNT OF $176,489. RECOMMENDATION: Award. FINANCIAL IMPACT: There are sufficient funds in the budget for this agreement for the annual cost of $176,489. Recent waste hauler negotiations include an annual payment from Waste Management to cover the costs of street sweeping. There will be no General Fund impact as a result of this purchase. BACKGROUND: The City of Diamond Bar’s contract with its current street sweeping services provider R.F. Dickson Company, Inc., (Dickson) has been in place since September 2000. The contract was amended in 2005, for an additional five year extension. As a result of a request for proposals process, on May 3, 2011, the Diamond Bar City Council awarded a new five year contract to Dickson effective July 1, 2011 through June 30, 2016. In June, 2016, the City Council elected to extend the term by exercising the renewal provision, for an additional one year term ending June 30, 2017. The existing agreement allows for two one-year extensions, at a rate negotiated between the City and Dickson. Prior to the expiration of the existing agreement, the best method to evaluate market rates is to seek proposals. The proposals provide the City the best indicator of current market rates and allows for open co mpetition among qualified service providers. DISCUSSION: 6.6 Packet Pg. 96 In January 2017, a Request for Proposals (RFP) was advertised for street sweeping services. The RFP was posted on the City’s website, and contractors had until February 17, 2017 to submit a response. The City received a total of three (3) proposals for consideration, in alphabetical order: Clean Street, R.F. Dickson, and Valley Vista Services. All three contractors are full service street sweeping companies, with experience providing street sweeping services to other municipalities. All of the proposals were complete and demonstrated competencies in providing services, including the use of Global Position System (GPS) Technology to monitor the sweeping service by route and the actual sweeper speed to ensure thorough sweeping of all streets. All three contractors demonstrated the ownership of adequate equipment, Tymco 600 CNG street sweepers, and necessary to provide services to the City including a primary and backup vehicle. Staff evaluated the proposals summarized below: Clean Street proposes an annual street sweeping cost of $276,814.50 fixed for the first three (3) years, and a curb mile rate of $25.50. The optional composting program cost is $32,500, for an estimated 500 tons annually. R.F. Dickson proposes an annual street sweeping cost of $172,978.76 fixed for the first three (3) years, and a curb mile rate of $15.92. The proposal includes a debris compost program, for an annual cost of $3,500. Valley Vista Services proposes an annual street sweeping cost of $188,421.57 fixed for the first three (3) years, and a curb mile rate of $17.75. Valley Vista Services’ proposal does not include a debris compost program. The proposals were based on the scope of work (Attachment A), for bi -weekly street sweeping of approximately 350 total curb miles and weekly street sweeping during the months of December and January. The following are estimated curb miles for each category: Arterials (41 curb miles), Residential/Collector (278.5 curb miles), Center Medians (30 curb miles) and Alleys (2 miles). The cost-per-mile (CPM) of $15.92 proposed by Dickson still reflects one of the lowest rates in comparison to other service providers. The CPM submitted by Clean Street in the amount of $25.50 was the highest. The following table summarizes the CPM results from the 2017 RFP process: Service Provider 2017 CPM Rate Percent Difference from Lowest Curb Mile Rate Street Sweeping Annual Costs Years in Business R.F.Dickson $15.92 Lowest Rate $172,978.76 67 Valley Vista Services $17.75 10.3% $188,421.57 60 Clean Street $25.50 37.5% $276,814.50 50 6.6 Packet Pg. 97 The new contract total cost of $172,978.76 would be below the current Fiscal Year 2016-2017 budget of $190,000, and includes additional scope of work to include the street sweeping of painted medians and alleys. All three contractors provided a curb mile rate and total annual street sweeping costs that will be fixed for a period of three years. No annual increase will be permitted for the first three years of the contract. Upon successful performance, pricing for subsequent renewals will be limited to the Consumer Price Index (CPI). The City’s Fiscal Year 2016-2017 budget for bi-weekly street sweeping is $190,000 reflects a $12.28 curb-mile rate, and includes a composting program for street sweeping debris. The total cost for street sweeping as proposed by Dickson is 9% below the adopted budget for the current fiscal year, an annual savings of $17,021. COMPOSTING PROGRAM As an alternative to landfilling street sweeping debris, the City requested a second work Item #2 within the scope of services to continue the City’s composting program. During July 2000-June 2011, the City was composting street sweeping debris, however this program was excluded from the scope of work in the 2011 request for proposals process, and subsequently discontinued. In June 2016, Dickson agreed to partner with the City by extending the 2011 rate for transportation costs, in order to bring back the composting program at a cost effective rate. City staff has continued to monitor the effectiveness of this program. From July 2016 through December 2016, approximately 231 tons of street sweeping debris was transported and composted at the CVT facility in Anaheim. The following table summarizes the proposals for Item #2: Service Provider Est Tons Disposal Cost (per ton) Transportation Costs Total Annual Cost R.F.Dickson 350 $10.00 No charge $3,500 Clean Street 500 $55.00 $10.00 $22,750 * *Adjusted to reflect the same tonnage 350 tons as Dickson R. F. Dickson submitted the lowest proposal in the amount of $3,500, the debris would be transported to CVT, Anaheim. Clean Street submitted a proposal in the amount of $32,500, the debris would be transported to AG Beneficial, Ontario. Dickson achieved the lowest rate for the composting program by waiving the transportation costs previously estimated at $29,424. Although Dickson utilized a lower 6.6 Packet Pg. 98 tonnage for the estimates, for comparison purposes, Clean Street’s proposal was adjusted down by ($9,750) in the table above to account for the variance in tonnage. SUMMARY: R.F. Dickson has proven to be a reliable service provider over the past seventeen years. Performance has been monitored by City staff and Los Angeles County Sheriff’s personnel and has been determined to be prompt and ef ficient for the needs of the City. The curb mile rate of $15.92 is a modest curb mile rate increase and allows for the City to continue providing the community with effective and efficient services. It is recommend that the City Council approve the three-year agreement with R.F. Dickson to perform street sweeping services, and the composting program based on the company’s experience, work history, work performance. LEGAL REVIEW: The City Attorney has reviewed and approved the agreement as to form. PREPARED BY: REVIEWED BY: REVIEWED BY: Attachments: 1. 6.6.a R.F. Dicksons Proposal For Street Sweeping Services 2. 6.6.b RFP-2017 Street Sweeping RFP 3. 6.6.c Street Sweeping - Appendix A - Draft Agreement 6.6 Packet Pg. 99 6.6.a Packet Pg. 100 6.6.a Packet Pg. 101 6.6.a Packet Pg. 102 6.6.a Packet Pg. 103 6.6.a Packet Pg. 104 6.6.a Packet Pg. 105 6.6.a Packet Pg. 106 6.6.a Packet Pg. 107 6.6.a Packet Pg. 108 6.6.a Packet Pg. 109 6.6.a Packet Pg. 110 6.6.a Packet Pg. 111 6.6.a Packet Pg. 112 6.6.a Packet Pg. 113 6.6.a Packet Pg. 114 6.6.a Packet Pg. 115 6.6.a Packet Pg. 116 6.6.a Packet Pg. 117 6.6.a Packet Pg. 118 6.6.a Packet Pg. 119 6.6.a Packet Pg. 120 1 CITY OF DIAMOND BAR Request for Proposals and Specifications STREET SWEEPING SERVICES Deadline: 5:00 P.M. February 17, 2017 6.6.b Packet Pg. 121 2 I. INTRODUCTION: The City’s contract with its current street sweeping services provider, has been in place since September of 2000. The purpose of this Request for Proposals (“RFP”) is to select a qualified, and responsive firm to provide the street sweeping services to the City of Diamond Bar. The City of Diamond Bar (“City”) is inviting qualified contractors to submit proposals for Street Sweeping Services for a period of three (3) years commencing July 1, 2017, with the option, at the City’s sole discretion, to award up to two (2) additional years upon successful demonstration of exemplary contract performance. The City of Diamond Bar street sweeping services is divided into five service areas of the City swept Monday through Friday on a bi-weekly basis. There are approximate 350 total curb miles in the City. Each of the five areas is divided into two zones with mo rning and afternoon sweep times. Additionally, there are weekly sweeping during the months of December and January to collect the increase of debris. II. PROPOSAL SUBMISSION INSTRUCTIONS A. Schedule Post RFP: January 23, 2017 Questions Due Date: February 2, 2017 Proposal Due Date: February 17, 2017 by 5:00 P.M Tentative Award Date: March 21, 2017 All proposals must be submitted in a sealed envelope, addressed to the City Clerk by the deadline: Friday, February 17, 2017. Each sealed envelope containing an original Proposal and three (3) copies must be plainly marked on the outside as “Street Sweeping Services” with Contractor’s name, address, and his/her license number. Proposals may be mailed, delivered in person and address as follows: City of Diamond Bar c/o City Clerk Division 21810 Copley Drive Diamond Bar, California 91765. B. Inquiries Contractors must carefully examine this RFP and any addenda that may be posted on the City’s website prior to submission of their proposal. Contractors must seek clarification of any ambiguity, conflict, omission or other error in this RFP in writing prio r to submission of their proposal. If an answer materially affects the RFP, the information will be incorporated into an addendum and distributed to all contractors via the City’s website; no other contact shall be made by the City to contractors regarding addenda to the RFP. 6.6.b Packet Pg. 122 3 It shall be the contractor’s sole responsibility to check the City’s website at http://www.cityofdiamondbar.com/index.aspx?page=1287 to determine if any addenda have been posted prior to the proposal due date. RFP Contact: David Liu, Public Works Director Email: DLiu@diamondbarca.gov Address: 21810 Copley Drive, Diamond Bar, CA. 91765 C. Examination of Work Area Prior to submitting a proposal, Contractors must familiarize themselves with the work contemplated in the contract, and be responsible for any condition which adequate field inspection would have revealed. Submission of a proposal shall be deemed conclusive evidence that such examination has been made by each Contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed Agreement, or any revision thereof. D. Basis of Award The City of Diamond Bar is not obligated to award a contract and reserves the right to reject all proposals. If the City chooses to award a contract, it is not obligated to make the award to the Contractor who offers the lowest price. Other factors will be considered by the City, such as evidence of satisfactory performance under other contracts, financial condition, the qualifications, reputation and experience of the Contractor, the quality of references and other similar information that pertains to the quality of the proposed services and the capability of the Contractor to perform, and such other evidence as might convince the City that any one proposal would provide the most effective, economic and reliable service to the City. The award, if given, will be within ninety (90) calendar days after opening proposals. The City will evaluate and consider the information submitted by the Contractor, including, but not limited to the following criteria: 1. Approach to the work including task breakdown, equipment, and staffing. 2. Experience and technical competence of the firm and key personnel on similar projects of equal complexity. 3. Reports of references, and the willingness to agree to all terms of the Professional Services Agreement. 4. The firm’s financial stability. All Contractors shall be required to demonstrate to the satisfaction of the City that they have adequate financial resources to perform the services required by these specifications. No contract will be awarded to any Contractor who, as determined by the City, has an unsatisfactory performance record or inadequate experience, or who at any 6.6.b Packet Pg. 123 4 time lacks the necessary financial resources to provide the services in strict accordance with the specifications. 5. Proposed cost of service/ curb mile rate/fee. 6. Contractor shall secure or maintain in force during the period covered by any contract resulting from this specification all licenses and permits required by law for the operation of their business and including Diamond Bar Bus iness License. 7. Contractor must meet the insurance and indemnification requirements provided in the attached sample Street Sweeping Services Agreement. Failure to meet these requirements may result in rejection of the Contractor’s proposal. The City of Diamond Bar reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process. III. SCOPE OF WORK Contractor shall perform services as listed in EXHIBIT A Scope of Work IV. CONTRACTORS’S EQUIPMENT AND FACILITIES A. Equipment The Contractor shall furnish at its own expense all equipment and materials necessary for the satisfactory performance of the work set forth in the Agreement. For sweeping of curbed arterials and streets, the Contractor shall use an alternative-fuel sweeper having a capacity of not less than three (3) cubic yards or such equivalent standard heavy street sweeping equipment as is necessary to clean the streets to the specified Standards of Performance. The Contractor shall provide late model sweeping and pickup equipment and disposal trucks properly maintained mechanically and in appearance. The Contractor shall provide backup equipment adequate to ensure completion of scheduled work in the event scheduled equipment is unavailable due to mechanical failure or repair, to re-sweep an unsatisfactory area or to provide any additional sweeps ordered by the Public Works Director or his designee. All mobile units shall be clearly marked with the Contractor’s n ame and vehicle number and the Contractor’s telephone number prominently displayed for purposes of identification. 6.6.b Packet Pg. 124 5 Equipment shall comply with existing or future air quality mandates and requirements (i.e. Rule 1186) including but not limited to alternati ve fuel vehicles. B. Personnel Contractor shall furnish a sufficient number of street sweepers and street sweeper operators to perform the services described in this RFP. Contractor must ensure that all drivers maintain safety and driving records in accorda nce with Federal, State, County, and City regulations. The drivers shall possess a valid, California Class A or B driver’s license. The drivers shall clearly communicate with City staff and report any deviations from the scheduled route. The City shall retain the right to demand the replacement of any driver. C. Accident Reports Contractor shall provide a copy of a detailed written report of any and all accidents involving Contractor’s vehicles, personnel and/or equipment while operating within the City, to the designated City representative within seven (7) days from the date of the accident. Said report shall include the date and time of the accident, and a copy of any law enforcement reports resulting from the accident. Contractor shall provide the name and contact information of Contractor’s safety office, including cell phone for emergency contacts. D. Communications and Complaints The Contractor will maintain an office accessible by a toll free and/or a local phone number. Contractor’s office hours are to be from 6:30 a.m. to 6:30 p.m. Monday through Friday except on noted holidays. The Contractor shall have the capability of contacting sweepers by radio or paging equipment for the purpose of relaying instructions from the City and to receive citizen complaints. The telephone number shall be listed in the telephone directories for the area and shall be listed by the company’s common known name. All public complaints concerning street sweeping shall be investigated by the Contractor. Complaints brought to the Contractor’s attention prior to 3:00 p.m. shall be investigated that day. Those brought to the Contractor’s attention after 3:00 p.m. shall be investigated before noon of the following working day. A complaint form shall be filled out for each complaint referred to or received by the Contractor. The form, which must be approved by the Public Works Director or his designee, shall be filed with the City on the first working day following the day the complaint was received. The Contractor shal l report what actions were necessary to resolve each complaint. V. GENERAL CONTRACT ITEMS A. Term of Agreement 6.6.b Packet Pg. 125 6 The Agreement will take effect July 1, 2017, and shall continue until June 30, 2020, with the option, at the City’s sole discretion, to award up to two (2) additional years upon successful demonstration of exemplary contract performance, unless earlier terminated pursuant to the provisions therein. Contractor must meet the insurance and indemnification requirements provided in the attached sample Street Sweeping Services Agreement (Appendix B). Failure to meet these requirements may result in rejection of the Contractor’s proposal. B. Execution of Agreement The Agreement shall be signed by the successful Contractor and returned with the required bonds, within ten (10 days) after the City has provided written notice that the contract has been awarded. Failure to execute an agreement and file acceptable bonds and insurance documents as provided herein shall be just cause, at City option, for annulment of the contract award. A sample agreement is attached for reference (Appendix B). Should the successful Contractor decline to execute a contract, City has the option to either reject all proposals and call for new proposals or accept one of the other proposals. C. Future Increases Pricing shall remain firm for a minimum of three (3) years. Any and all requests for pricing adjustments shall be provided in writing, no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustment shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angeles-Riverside-Orange County, CA. All Items, Not Seasonally Adjusted, annualized change comparing the original proposal month and the same month in the subsequent year. (March-March comparison). The Contractor shall submit its request in writing, to be received by the City in person or via certified mail a minimum of 60 days prior to the proposed adjustment date. D. Performance Bond The successful Contractor shall furnish a performance bond in th e sum of the amount of two hundred thousand dollars ($200,000), using the form provided (Appendix “D”), which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the Public Works Director. The bond shall contain the original notarized signature of an authorized office of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bond shall be unconditional and remain in 6.6.b Packet Pg. 126 7 force during the entire term of the Agreement. The performance bond will be executed by a surety company licensed to do business in the State of California. Said bond shall be obtained by the successful Contractor within thirty (30) days following notification of the contract award. VI. MEASUREMENT AND PAYMENT A. Measurement The basis of measurement and payment shall be per curb-mile. A curb-mile is defined as a swept path not less than 5 feet wide for a total length of 5,280 feet. On streets and highways it shall be measured toward the center of the right of way from and parallel to the curb face. Measurement of medians will be continuous and no deduction will be made for left turn pockets or intersecting streets. Improved alleys will be measured as two (2) curb miles per mile of length. B. Claim for Payment The Contractor shall submit a claim for payment to the Public Works Director or his designee every fourth week commencing with the fifth week for work completed during the previous 4-week period. The claim shall enumerate the scheduled curb miles swept, authorized additions and deletions and additional work ordered by the Public Works Director or his designee. The claim, when submitted by the Contractor, shall constitute certification under penalty of perjury that the work claimed for payment was completed in accordance with the terms of the contract. Payment will be made for curb-miles swept during the service period by multiplying the contract unit price per curb-mile by the curb-miles swept and adding additional compensation when applicable for authorized hourly sweeping at the contract unit price. VII. REPORTING A. Reports In addition to other data filed with the City by the Contractor, the Contractor shall file a monthly report with the City enumerating the following information: 1. Curb-miles swept each day. 2. Scheduled curb-miles and areas missed. 3. Scheduled curb-miles and areas swept. 6.6.b Packet Pg. 127 8 4. When missed areas were swept. 5. Number of complaints received each day and how they were resolved. 6. Reasons scheduled sweeping was not done or completed as scheduled. B. Definitions The following definitions are used in the Request for Proposal as follows: Curb-mile- A swept path not less than 5 feet wide for a cumulative total of 5280 feet. Sweeping- Removal of all debris within a path not less than five (5) feet wide. 6.6.b Packet Pg. 128 9 VIII. PROPOSAL SUBMITTALS All Contractors shall furnish satisfactory evidence to the City that they have operated or are presently operating a street sweeping service of the type similar to the operation described herein, and that they have successfully done so long enough that their experience will enable them to maintain operations under all conditions prevailing in this area. All submittals must meet the requirements set forth in the Request for Proposal and proposals must include the following: Proposal Form provided (Appendix “A”). Additional sheets should be attached as necessary to supplement and clarify responses to this Request for Proposal. Failure to use the City form shall be grounds for non-consideration of the proposal. Work History (Attachment A): In order to determine the eligibility of the Contractors, please list other public entities for whom the Contractor has performed similar work, including date and length of contracts, names, addresses, and telephone numbers. Existing services will be subject to inspection by the City. (Use attached Form). Inventory of Equipment (Attachment B): As an attachment to the proposal, all Contractors shall include an Inventory of Equipment available for use in providing the services, including detailed information such as equipment and accessory type, model, year of manufacture, fuel type and anticipated remaining useful life as of the date of the inventory, and indicate if vehicle is primary or a backup vehicle . The inventory shall specifically include whether or not sweepers are equipped with recording hour meters. Work Plan (Attachment C)- Contractor shall submit and attach to this RFP a word document which describes the work steps to be taken and their timing and how the contract would be transitioned from the current service provider if selected. (Exhibit C) Acknowledgement Form (Attachment D)- Contractor shall agree to and sign the attached Acknowledgement Form. Items to be submitted by Contractor as an attachment to the RFP: Sample of GPS Tracking: The selected contractor must have the ability to track, gather, and provide real-time data with the use of Global Positioning System (GPS) tracking system, or acceptable alternate system, for each sweeper while performing services for the City. The City requests a sample report as an attachment to the RFP, that includes, but is not limited to, the following: a. Speed 6.6.b Packet Pg. 129 10 b. Direction c. Location on a map d. Address e. Distance Traveled Ownership: Contractors shall submit a list of the names and resumes of the principal officers, partners, and/or stockholders who own ten percent (10%) or more of the respective companies and list any company of which they are a subsidiary. Additionally, the Contractor shall submit the name(s) and resume(s) of the individual(s) who will be considered in the responsible charge of the City of Diamond Bar contract. Key Personnel: As an attachment to the proposal, all Contractors shall include a listing, with qualifications, of personnel who have had experience in operating a comparable system and who have agreed to work in the performance of the services for the City. 6.6.b Packet Pg. 130 11 Exhibit A SCOPE OF WORK A. Standard of Performance Contractor shall use and furnish at their expense all labor, equipment and materials necessary for the satisfactory performance of the street sweeping work set forth herein. The primary objective of street sweeping is to pick up all leaves, paper, dirt, rocks, cans and/or other debris to ensure free flow of water in the gutter and to maintain streets in a state of cleanliness. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the Public Works Director or his designee. The Public Works Director or his designee will make the final determination as to whether the work has been satisfactorily completed and may order the Contractor to re-sweep areas not completed in a satisfactory manner, at no additional charge. B. Daily Log Contractor shall maintain a daily log that indicates dates, time, streets, curb miles and parking lots swept. The log shall be available for the inspection of the Public Works Director or authorized designee. C. Curb Miles There are approximately 350 total curb miles in the City. The following are estimated curb miles for each category: Estimates: Arterials 41 Curb miles Residential/Collector 278.5 curb miles Center Medians 30 curb miles Alleys < 0.5 miles D. Sweeping Schedule and Services The existing service level is Bi-weekly street sweeping services. The months of December and January are weekly. Sweeping shall normally consist of a single pass at not more than 5 miles per hour over an area. Additional passes shall be made if necessary in problem areas where silt, leaves, debris or other conditions warrant special attention including painted medians or other areas as directed by the Public Works Director . Water shall be used while sweeping to minimize dust. T he word sweeping shall define an operation and the method shall not be limited to the use of a power broom street sweeper. It is the intent of the City to coordinate street sweeping activities with trash pickup and tree watering activities. The Contractor shall follow the established street sweeping schedule and submit a work plan to include the curb miles of streets, 6.6.b Packet Pg. 131 12 alleys and medians to be swept daily as well as the daily starting time. Also, a route map shall be submitted, showing the streets, alleys and medians to be swept each day by the Contractor. The Contractor shall indicate the daily sweeping route on the maps in an appropriate and understandable manner that is acceptable to the Public Works Director or his designee. The following guidelines will generally be applicable: 1. Sweeping of streets that have posted parking restrictions specified for street sweeping shall only be swept during the posted day and hours. 2. Areas shall not be swept on the same day trash pickup is scheduled. Whenever feasible, sweeping shall be scheduled the day after trash pickup. The Contractor, working with the City, shall be responsible for determining when trash pickups are scheduled. 3. Contractor agrees that, in order to protect the peace and quiet of residents, its street sweeping activities shall not start before 7:30 a.m. (with the exception of #4 below) or continue after 5:00 p.m. No sweeping activities are to occur on days on Saturdays, Sundays, or on days which holidays are observed: New Year’s Day, Memorial Day, Independence Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. The Public Works Director or his designee at his discretion may make exceptions to these limitations if requested by the Contractor. 4. The streets near the schools need to be swep t earlier due to school drop- off/pick up time in the area. Parents drop off children at school beginning at 7:30 a.m. The City requires the sweeper to begin sweeping at 6:00 a.m. to minimize issues. Streets adjacent to schools and commercial developments shall be swept 6:00 a.m. or 7:00 a.m. in accordance with the established schedule. 5. Certain number of streets adjacent to apartments, condominiums or commercial cul-de-sac areas have alternate-side sweeping at different times. Morning sweeping would be f rom 7:30 a.m. to 11:30 a.m. and afternoon sweeping would be from 11:30 a.m. to 5:00 p.m. 6. Major arterials shall not be swept during peak traffic hours (6:00 a.m. to 9:00 a.m. and 3:30 p.m. to 7:00 p.m.). 7. The Contractor shall sweep and/or clean all public streets and alleys as specified herein and as included within the limits of the area shown on the Map (Appendix “C”). Gutters of all paved streets and raised medians shall be swept as specified in the Standard of Performance. 8. In the event that the results of a sweeping are considered unsatisfactory by the Public Works Director or his designee, the Contractor shall sweep or clean the 6.6.b Packet Pg. 132 13 unsatisfactory area again at no cost to the City, within two (2) calendar days without interruption in the regular sweeping schedule. 9. Curbed areas that cannot be swept with power sweeping equipment, such as but not limited to narrow cul-de-sacs, median noses and portions of left turn pickets, shall be hand cleaned to comply with the Standard of Performance. E. Modifications Changes in the established schedule for the convenience of the Contractor will require approval by the Public Works Director or his designee prior to being included in the bi-weekly work. The City reserves the right to require the Contractor to sweep specific areas on specified days and a specified times of the day. F. Special Event Support Each year, the City provides sweeping support to approximately ten (10) special events. Most events require a pre-event and post-event sweep only to remove debris. G. Small Debris Clean Up Each sweeper shall have the ability to clean up small piles of debris that are out of reach of the sweeper including, but not limited to broken glass, leaves, trash or other small debris. H. Disposal of Refuse and Debris All debris and refuse collected by the Contractor shall become his property from and after the time of sweeping. The Contractor shall dispose of all refuse and debris collected during sweeping operations, at no additional cost to the Ci ty, by hauling same to a legally established area for the disposal of solid waste. Subject to the approval of the City when storage of refuse and debris is necessary prior to disposal, the Contractor shall locate and arrange for use of a temporary storage site off the street right of way. The Contractor shall remove all refuse and debris from temporary storage sites before 5:00 p.m. of the day deposited. The Contractor shall, when removing refuse and debris from temporary storage sites, remove and dispose of any waste material or objects left there by others. Approximately 560 tons of street sweeping debris is collected annually. I. Water The Contractor shall furnish all water necessary for sweeping operations. Walnut Valley Water District is the water provider for the City of Diamond Bar. 6.6.b Packet Pg. 133 14 J. Inspection Periodic inspection of the work will be made by the Public Works Director or his designee to assure compliance with the specifications. K. Additional Sweeping The Contractor is to provide additional sweeping of any street(s) and alley(s) within the area shown on the Map (Appendix “C”) at any time ordered by the Public Works Director or his designee. The Contractor will be compensated for such additional sweeping at the contract unit price per curb -mile in effect at the time. The method of payment will be determined by the Public Works Director or his designee. No allowance will be made for travel time on additional sweeps, but the minimum curb mileage to be compensated will be sixteen (16) and the minimum hours will be four (4). The need for additional sweeping may be because of storm, fire, flood, parade, public gathering, riot or other natural or unanticipated occurrence affecting the cleanliness of the streets and highways. The additional sweeping may be in lieu of or in addition to the regularly scheduled sweeping as ordered by the Public Works Director or his designee. Additional sweeping will normally be confined to sweeping the curb lane. If, however, additional sweeping requires the total width of the street(s) to be swept, then compensation will be at the contract unit price per curb -mile. All sweeping shall be done with sufficient passes to achieve the results set forth in the Standard of Performance. Minimum payment will be for sixteen (16) curb-miles. Notwithstanding the above, the City has the option on additional sweeps to compensate the Contractor on an hourly basis where it is difficult to determine curb-miles swept in a non-routine manner. In these cases, the hourly rate paid by the City to the Contractor shall be equal to the contract unit price per curb-mile. L. Schedule Disruption The Contractor shall sweep the designated public streets and alleys bi -weekly, including all curbed medians, in accordance with the established schedule (Appendix “C”). When, in opinion of the Public Works Director or his designee, inclement weather prevents adherence to the regular sweeping schedule, the Public Works Director or his designee may require the sweeping areas so affected to be swept prior to the next sweeping schedule. Any such required sweeping made necessary by inclement weather shall meet the requirements of the Standard of Performance and shall be performed by the Contractor at the normal curb-mile price in effect at the time and will not be considered additional sweeping as defined in Section, III-Scope of Work Section K (Additional Sweeping). When any holiday occurs on a regularly scheduled sweeping day, and said sweeping area is not swept in observance of said holiday, the subject sweepi ng 6.6.b Packet Pg. 134 15 area shall be swept one (1) day later without interruption in the regular sweeping schedule. Observed holidays are as follows: 1. New Year’s Day 2. Memorial Day 3. Independence Day 4. Labor Day 5. Thanksgiving Day 6. Christmas Day Street sweeping days for the remainder of the week shall all be postponed one street sweeping day. Any such sweeping shall be performed by the Contractor at the contract unit price per curb-mile and shall not be considered additional sweeping. In the event the Contractor is prevented from completing the sweeping as provided in the established schedule because of reasons other than inclement weather or holidays, it will be required to complete the sweeping services so deferred within one (1) working day without interruption in the regu lar sweeping schedule. M. Added and Deleted Streets It is the intent of this contract to provide for the bi-weekly sweeping of all curbed streets and improved alleys within the incorporated area shown on the map. For the months of January and December, street sweeping is done on a weekly basis. As streets and alleys are improved or annexed, they will be added to the bi -weekly sweeping schedule. Compensation to the Contractor will be based on curb miles added multiplied by the current contract unit price. Streets and alleys initially included in the schedule that are vacated by the order of the City Council will be deleted from the schedule and the affected curb mileage deducted from the contract quantities. Additions and/or deletions of curb mileage may affect the schedule and appropriate adjustments will be allowed subject to approval by the Public Works Director or his designee. N. Utilities The Contractor shall recognize the rights of utility companies within the public right of way and their need to maintain and repair their facilities. The Contractor shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Contractor from sweeping during a specified time frame. No additional compensation will be allowed for complying with these requirements. 6.6.b Packet Pg. 135 16 O. Approximate Mileage of Streets and Alleys The estimated quantities of work and materials to be performed or furnished by the Contractor under these specifications are as follows: ITEM OPERATION, ARTICLE OR MATERIAL UNIT AND NUMBER TO BE PERFORMED, CONSTRUCTED OR FURNISHED QUANTITY 1 SWEEPING OF CURBED STREETS (INCLUDING 350 CURB CURBED MEDIANS) AND IMPROVED ALLEYS, MILES INCLUDING WATER AND DISPOSAL OF ALL DEBRIS 2 OPTIONAL STREET SWEEPING DEBRIS 312-500 TONS* COMPOSTING (APPROXIMATE TONS) NOTE: The quantity shown above is an estimate only to be used as a basis for comparing Proposals. The Contractor will be paid for the actual number of curb-miles swept. 6.6.b Packet Pg. 136 1 Appendix “B” STREET SWEEPING SERVICES AGREEMENT THIS AGREEMENT is made as of , 2017 by and between the City of Diamond Bar, a municipal corporation ("City") and _____, ("Contractor"). R E C I T A L S A. City desires to utilize the services of Contractor as an independent contractor to provide street sweeping services to City as set forth in the City's Request for Proposals dated January 23, 2017. B. Contractor represents that it is fully qualified to perform such street sweeping 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. A. Scope of Work. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" attached hereto and incorporated herein by reference. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit “A”. C. Additional or Other Services. Any proposed changes in the work to be performed under this Agreement shall be made only by written amendment to this Agreement. Contractor is not authorized to undertake any work which would result in costs, expenses, or fees in excess of the costs contained in Exhibit B without the express written approval of the City Manager. Should the City require the Contractor to provide additional services beyond the Scope of Work described in Exhibit A, for services not specifically described therein, the rates and quantities shall be negotiated between the City and Contractor. 2. Term of Agreement. This Agreement shall take effect July 1, 2017 and shall continue until June 30, 2020, unless earlier terminated pursuant to the provisions herein. City may, in its sole discretion, elect to extend the Term of this Agreement without seeking competitive proposals for an additional two (1) year extensions upon successful demonstration of exemplary contract performance. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedules 6.6.c Packet Pg. 137 2 set forth in Appendix A. Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. A. Time is of the Essence – Contractor agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth by the City. B. License: Standard of Care – Contractor represents and agrees that all personnel engaged by the Contractor in performing the services are and shall be fully qualified and are authorized or permitted under Federal, State, and local law to perform such services. Contractor represents and warrants to the City that it has all licenses, permits, qualifications, and approvals required to provide the services and work required to be performed by this Agreement. C. Subcontracting Subject to Approval – Contractor shall not subcontract any portion of the work to other persons or contractors without express written approval from the City. D. Administration – This Agreement will be administered by the City Manager or his designee. The City Manager or his designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The City Manager or his designee shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. E. Progress – Contractor is responsible to keep the City Manager and/or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. F. Contractor’s Records – Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement. 6.6.c Packet Pg. 138 3 5. Addresses. City: James DeStefano, City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Contractor: _____________________________ _____________________________ _____________________________ 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 6.6.c Packet Pg. 139 4 amount or penalty levied against the City for Contractor’s failure to comply with this Section 6. 7. Standard of Performance. Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. Contractor shall perform the services under this Agreement in a skillful and competent manner and in the manner and according to the standards observed by a competent practitioner of the work in which Contractor is engaged. 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 performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. 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) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $5,000,000.00 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 $5,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $1,000,000.00; and (4) worker's compensation insurance with a minimum limit of $1,000,000.00 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. A. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. 6.6.c Packet Pg. 140 5 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 that 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. Contractor shall furnish a Contract Performance Bond. 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire. 12. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, director 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. 13. Termination. City may terminate this Agreement with or without cause upon thirty (30) days written notice to Contractor. The effective date of termination 6.6.c Packet Pg. 141 6 shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. Contractor may terminate this Agreement, or any program or service provided hereunder, at least ninety (90) days in advance of such termination. If this Agreement is terminated by the Contractor, the Contractor shall be compensated for services satisfactorily completed and approved prior to the effective date of termination. 14. 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. 15. 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. 16. 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. 6.6.c Packet Pg. 142 7 17. Performance Evaluation. City will provide Contractor a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Contractor prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Contractor to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Contractor shall keep itself informed of all State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Contractor shall, at all times, observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Contractors. 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 6.6.c Packet Pg. 143 8 during regular business hours or by facsimile or electronic mail 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. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 27. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way provided that the principal purpose of this Agreement is not thereby frustrated. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: ______ By: ____ Tommye Cribbins, City Clerk Jimmy Lin, Mayor Approved as to form: By:____ City Attorney 6.6.c Packet Pg. 144 9 "CONTRACTOR" By:___ Its:___ 6.6.c Packet Pg. 145 Agenda #: 6.7 Meeting Date: March 21, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: APPROPRIATE $30,000 OF QUIMBY FUND RESERVES TO THE FY 16-17 CIP BUDGET; ADOPT RESOLUTION 2017-XX APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AWARD THE CONSTRUCTION CONTRACT FOR THE LONGVIEW PARK SOUTH IMPROVEMENT PROJECT TO DD SYSTEM, INC. DBA ACE CD IN THE AMOUNT OF $282,589.83 AND AUTHORIZE A CONTINGENCY AMOUNT OF $28,259 (10% OF THE TOTAL CONTRACT) FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $310,848.83. RECOMMENDATION: Appropriate, Adopt, Award, and Authorize FISCAL IMPACT: The total project budget has $11,623 of General funds, $235,169 of Quimby Funds, and $53,976 of CDBG Funds, for the Longview Park South Improvement project for a total budget of $300,768 for design and construction. To date $17,675 for design and demolition services has been encumbered/expended. There is a balance of $283,093 remaining in the current budget. An additional appropriation of $30,000 from Quimby Fund Reserves to the Capital Improvement Program budget is requested to fully fund the construction contract. Longview Park South Proj.# 25116/601721-15 Budget Encumbrance Total General Funds $11,623 $11,623 QUIMBY Funds $235,169 $246,792 CDBG Funds $53,976 $300,768 Design $12,800 $287,968 Playground Equip. Demolition $4,875 $283,093 Construction Contract to ACE CD $282,589.83 $503.17 Contingency to ACE CD $28,259 (-$27,756) 6.7 Packet Pg. 146 Appropriate QUIMBY Fund $30,000 $2,244 The contingency amount of $28,259 for DD System, Inc. DBA, ACE CD will only be used in the event of unforeseen circumstances that will warrant a contract change order. BACKGROUND/DISCUSSION: The Longview Park South Improvement Project consists of walkway repairs and replacement for ADA compliance, playground equipment upgrades, drinking fountain installation, re-planting trees, and turf replacement. With the completion of the plans and specifications, the project was originally advertised for bids on December 15, 2016 with a bid opening on January 10, 2017. Ten (10) bid proposals were received. Due to irregularities two of the proposals were deemed non-responsive. On February 7 the City Council directed City Clerk’s Office to re-advertise the project. The second bid opening was held on February 28, 2017. One addendum was issued for the updated federal wage decision. Nine (9) bid proposals were received. The lowest responsible bidder proposed a bid in the amount of $282,589.83. The engineering estimate for the project was $285,000. Company Bid Amount 1. DD Systems, Inc. DBA ACE CD $282,589.83 2. Cicero Engineering, Inc. $320,146.00 3. California Landscape and Design, Inc. $326,796.00 4. Horizon Const. Co. $339,814.00 5. C.S. Legacy Construction $348,528.00 6. NR Development, Inc. $352,297.86 7. KASA Const, Inc. $364,542.00 8. JMJ Construction. $377,850.00 9. EC Construction $406,688.90 Staff has verified the contractor state license for DD System, Inc. DBA, ACE CD to be valid. DD System, Inc. DBA ACE CD also has performed other similar projects in this City satisfactorily. The project schedule is tentatively set as follows: Award of Contract March 21, 2017 Start of Construction May 2017 Completion of Construction July 2017 PREPARED BY: 6.7 Packet Pg. 147 REVIEWED BY: REVIEWED BY: Attachments: 1. 6.7.a Resolution 2017- XX for Longview Park South Improvement 2. 6.7.b AGREEMENT for Longview Park South Improvement 6.7 Packet Pg. 148 RESOLUTION NO. 2017-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF LONGVIEW SOUTH PARK IMPROVEMENT PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained Architerra Design Group (“Consultant”) as the designer to design and prepare the plans for Longview South Park Improvement Project, B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City’s standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City’s General Plan. D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the 2016- 2017 fiscal year budget to pay for the Project (“Project Payment Account”). 6.7.a Packet Pg. 149 The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 21st day of March, 2017. ________________________ Jimmy Lin, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 21st day of March, 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ____________________________________ Tommye A. Cribbins, City Clerk 6.7.a Packet Pg. 150 952056.1 1 AGREEMENT (CDBG Stimulus-Buy American) The following Agreement ("Agreement") is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between DD SYSTEMS, INC. DBA. ACE CD, a California corporation hereinafter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City accepted the bid of Contractor DD SYSTEMS, INC. DBA. ACE CD and; WHEREAS, City has authorized the Mayor to execute a written contract with Contractor for furnishing labor, equipment and material for the LONGVIEW PARK SOUTH-PARK IMPROVEMENT PROJECT in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the LONGVIEW PARK SOUTH-PARK IMPROVEMENT PROJECT in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated DECEMBER 15, 2016. (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set for th in full herein. The Plans and Specifications, Contractor's Bid dated MARCH 7, 2017, together with this Agreement, shall constitute the contract between the parties. This Agreement is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. 3. COMPENSATION: Contractor agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation in the amount of TWO HUNDRED EIGHTY TWO THOUSAND FIVE HUNDRED EIGHTY NINE DOLLARS AND EIGHTY THREE CENTS shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 6.7.b Packet Pg. 151 952056.1 2 4. TERM OF AGREEMENT: Contractor agrees to complete the work within sixty (60) calendar days from the date of the notice to proceed. Contractor agrees further to the assessment of liquidated damages in the amount of seven hundred fifty ($750) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this Agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: Contractor shall not commence work under this Agreement until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any sub-contractor to commence work on his subcontract until all insurance required of the sub-contractor has been obtained. The Contractor shall take out and maintain at all times during the life of this Agreement the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through sub-contractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this Agreement. In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees. The Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor’s Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor’s Protective - Property Damage $250,000 each accident; $500,000 aggregate. 6.7.b Packet Pg. 152 952056.1 3 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any sub- contractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City. e. The Contractor shall, prior to performing any work under this Agreement, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. f. Self Insured Retention/Deductibles. 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 Contractor (as the named insured) should Contractor 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 6.7.b Packet Pg. 153 952056.1 4 Director. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor’s behalf upon the Contractor’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 Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. 6. PREVAILING WAGE: Since this is a Federally assisted construction project, Davis-Bacon will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. The Federal Labor Standards P rovisions (Form HUD-4010) and the Federal Wage Determination are attached and made part of this Agreement, and compliance will be enforced. 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 cha racter 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 o f the City of Diamond Bar, 21810 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. Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) 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 sub-contractor under him. Contractor and any of its sub-contractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other Contractors on the public works site are making such contributions. Contractor and sub-contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 6.7.b Packet Pg. 154 952056.1 5 Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations , ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of t he contract, by him or any sub-contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining Agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City and its officers, agents, attorneys and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of Contractor, of its sub- contractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. Contractor will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of Contractor, its agents, employees, sub-contractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. Contractor will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. Contractor will promptly pay any judgment rendered against Contractor or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against Contractor for damages or other claims arising out of or in connection with the work, operation 6.7.b Packet Pg. 155 952056.1 6 or activities hereunder, Contractor agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provision s are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. CONTRACTOR’S WARRANTY OF COMPLIANCE WITH COUNTY'S DEFAULTED PROPERTY TAX REDUCTION PROGRAM: A. Contractor acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Contractor qualifies for an exemption or exclusion, the Contractor warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Contract will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. B. Failure of the Contractor to maintain compliance with the requirements set forth in the “COUNTY's DEFAULTED PROPERTY TAX REDUCTION PROGRAM" shall constitute default under this Contract. Without limiting the rights and remedies available to the City under any other provision of this Contract, failure of the Contractor to cure such default within 10 days of notice shall be grounds upon which the 6.7.b Packet Pg. 156 952056.1 7 City may suspend or terminate this contract pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No. 2009 -0026 and codified at Los Angeles County Code, Chapter 2.206. 12. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the Contractor to the penalties provided for in Labor Code Section 1735. 13. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this Agreement. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor. 14. 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 and those reasonably necessary to effectuate the termination. Contractor shall not be entitled to any claim for lost profits. 15. MAINTENANCE AND INSPECTION OF RECORDS: In accordance with generally accepted accounting principles, Consultant and its sub-contractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non -federal shares. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least five (5) years after termination or completion of this Agreement unless permission to destroy them is granted by the City (24 CFR, Part 84, Sec. 84.53). Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from the City, and copies thereof shall be furnished if requested 16. BUY AMERICAN: Contractor acknowledges to and for the benefit of City of Diamond Bar (LCA) and the Community Development Commission (CDC), of the County of Los Angeles that he/she understands that this construction project is being funded with monies made available by the Federal American Recovery and Reinvestment Act of 2009 (Recovery Act), and that such laws contain provisions commonly known as “Buy American,” that require all iron, steel, and manufactured goods provided by the Contractor pursuant to this Agreement. 6.7.b Packet Pg. 157 952056.1 8 Contractor hereby represents and warrants to and for the benefit of the LCA and CDC that: a. Contractor has reviewed and understands the Buy American Requirements; b. All of the iron, steel, and manufactured goods used in the project will be and/or have been produced in the United States in a manner that complies with the Buy American Requirements, unless a waiver of the requirements is approved; and c. Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the Buy American Requirements, as may be requested by the LCA or the CDC. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the LCA or the CDC to recover as damages against the Contractor any loss, expense or cost (including without limitation attorney’s fees) incurred by the LCA or the CDC resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the CDC is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the CDC. State of California Contractor’s License No. ________________________ Contractor’s Business Phone: Contractor’s emergency phone which can be reached at any time: [Signatures on Following Page] 6.7.b Packet Pg. 158 952056.1 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. By: ______________________________________ Title: _________________________________ Date: By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: _____________________________________ JIMMY LIN, MAYOR __________________________ Date ATTEST: By: _____________________________________ TOMMYE CRIBBINS, CITY CLERK __________________________ Date APPROVED AS TO FORM: _____________________________________ DAVID A. DE BERRY, CITY ATTORNEY _____________________________ Date *NOTE: If Contractor is a corporation, the City requires the following signature(s): -- The Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR 6.7.b Packet Pg. 159 952056.1 10 -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 6.7.b Packet Pg. 160 Agenda #: 7.1 Meeting Date: March 21, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: ORDINANCE 0X (2017) OF THE CITY OF DIAMOND BAR AMENDING TITLE 10, BY ADDING SECTION 10.16.215 TO THE DIAMOND BAR MUNICIPAL CODE PROHIBITING THE OVERNIGHT PARKING OF VEHICLES IN CITY- OWNED PARKING LOTS RECOMMENDATION: Receive Staff's Report; Open the Public Hearing; Receive Testimony; Close the Public Hearing; Discuss and Adopt for first reading Ordinance No. XX (2017), and upon approval, schedule the second reading for the City Council's next scheduled meeting. FINANCIAL IMPACT: The cost of required sign installation is minimal and can be accommodated within the existing Public Works adopted FY 2016/17 budget. BACKGROUND: The primary purpose for parking at City facilities is to provide a place where persons can temporarily park their vehicles in order to access programs and services during the facility’s hours of operation. City-owned parking lots are not intended to be locations where persons can leave their vehicle parked overnight or for other parking purposes. The attached Ordinance would amend Title 10 of the Diamond Bar Municipal Code to prohibit the overnight parking of private vehicles in City-owned parking lots. In an effort to enhance building security, enacting the proposed ordinance will allow law enforcement to effectively ensure only authorized vehicles are parked in City -owned lots overnight. The proposed amendment to Title 10, Vehicles and Traffic, of the Diamond Bar Municipal Code, would add a new Section 10.16.215 to prohibit overnight parking in City-owned parking lots. It provides as follows: “No person shall stop, stand or park any vehicle on any City-owned parking lot between the hours of 2:00 am and 5:00 am. The City Engineer shall erect and maintain adequate signs on City-owned parking lots specifying the limitation on the time of parking. Nothing in this section shall apply to government owned vehicles operated by the City, the Los Angeles County Sheriff’s 7.1 Packet Pg. 161 Department or any other emergency responders. Those in violation of this section may be issued a parking citation.” In the event that individuals park their vehicles during the restricted hours, the Los Angeles County Sheriff’s Department may issue citations per Diamond Bar Muni cipal Code Section 10.50.04. The penalty for this infraction is $60.00, an amount previously adopted for parking violations by the City Council. LEGAL REVIEW: The City Attorney has reviewed the Ordinance and approved as to form and content. PREPARED BY: REVIEWED BY: REVIEWED BY: Attachments: 1. 7.1.a Ordinance No. XX (2017) 7.1 Packet Pg. 162 ORDINANCE NO. 0X (2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING THE OVERNIGHT PARKING OF VEHICLES IN CITY-OWNED PARKING LOTS A. RECITALS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: 1. The primary purpose for parking at City facilities is to provide a place where persons can temporarily park their vehicles in order to access programs and services during a facility’s hours of operation. 2. City-owned parking lots are not intended to be locations where persons can leave their vehicles parked overnight or for parking for non-City purpose. 3. Keeping City-owned parking lots free of vehicles during hours in which no City business is conducted at the City facility will enhance building security. Now, therefore, the City Council of the City of Diamond Bar does ordain as follows: Section 1. Section 10.16.215 is added to the Diamond Bar Municipal Code to provide as follows: "Section 10.16.215. – Overnight parking in City-owned parking lots. No person shall stop, stand or park any vehicle on any City-owned parking lot between the hours of 2:00 am and 5:00 am. The City Engineer shall erect and maintain adequate signs on City -owned parking lots specifying the limitations on the time of parking. Nothing in this section shall apply to government owned vehicles operated by the City, the Los Angeles County Sheriff’s Department or any other emergency responders. Those in violation of this section may be issued a parking citation.” Section 2. Severability. If any section, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remain ing portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 3. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and p osted within fifteen (15) days after this Ordinance is passed and adopted in the Office of the City Clerk and two additional places, together with the vote for and against the same. 7.1.a Packet Pg. 163 ______________________________ Jimmy Lin, Mayor ATTEST: APPROVED AS TO FORM: Tommye Cribbins, City Clerk David DeBerry, City Attorney I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the _______________ day of ______________, 2017 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on __________ day of ____________, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: __________________________ Tommye A. Cribbins, City Clerk 7.1.a Packet Pg. 164 CITY OF DIAMOND BAR Overnight Parking Ordinance No. OX (2017) City Council Meeting — Public Hearing March 21, 2017 Background The primary purpose for parking at City facilities is to provide a place where persons (residents, patrons, visitors) can temporarily park their vehicles in order to access programs and services. City -owned parking lots are not intended to be locations where vehicles may be parked overnight or for other parking purposes. The City Council has amended parking restrictions over time, as well as instituted preferential parking districts. Proposed Code Amendment Amend Title 10, Vehicles and Traffic, of the Diamond Bar Municipal Code to add Section 10.16.215 : "No person shall stop, stand or park any vehicle on any City -owned parking lot between the hours of 2:00 am 5:00 am. The City Engineer shall erect and maintain adequate signs on City -owned parking lots specifying the4 limitation on the time of parking. Nothing in this section shall appto government owned vehicles operated by the City, the Los Angeles County Sheriff's Department or any other emergency responders. Those in violation of this section may be issued a parking citation." Overnight Parking Changes Modifying the hours in which vehicles may park in City facilities will not impact day or evening use of facilities, or reservations at the Diamond Bar Center or Heritage Park. The change to eliminate parking between the hours of 2 am and 5am will enable the Sheriff's Department to better identify vehicles that should not be parked overnight. The Sheriff's Department may issue citations per Diamond Bar Municipal Code Section 10.50.01 . Vehicles owned by the City, and approved Public Safety agencies are exempt from the changes. Recommendation It is recommended that the City Council adopt the-firsf reading of Ordinance No. (2017), and Pon approval, schedule the second reading for the City Council's next scheduled meeting. Agenda #: 7.2 Meeting Date: March 21, 2017 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: ADOPT RESOLUTION NO. 2017-XX: APPROVING MITIGATED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP NO. 72035 FOR THE SUBDIVISION OF AN EXISTING 4.2 ACRE LOT INTO THREE LOTS FOR THE FUTURE DEVELOPMENT OF NEW SINGLE-FAMILY RESIDENCES ON THE TWO NEWLY CRE ATED LOTS LOCATED AT 22702 TIMBERTOP LANE, DIAMOND BAR CALIFORNIA (APN 8713-028-012) RECOMMENDATION: Receive Staff's Report; Open the Public Hearing; Receive T estimony; Close the Public Hearing; Discuss; and Adopt Resolution No. 2017-XX Adopting the Mitigated Negative Declaration ("MND") Prepared for the Project and Approving Tentative Parcel Map No. 72035 Based on the Findings of Fact, and Subject to the Condit ions of Approval Contained therein. SUMMARY: The applicant is requesting City approval to subdivide a 4.2-gross acre parcel into three residential lots ("Project"). The subject property is currently developed with a single - family residence and accessory structure. The Project will result in the existing development occupying one of the lots, and the creation of two vacant parcels to accommodate the future construction of single-family homes. The property is zoned Rural Residential (RR), and the underlying General Plan land use designation is also Rural Residential. Pursuant to the California Environmental Quality Act ("CEQA") a Mitigated Negative Declaration ("MND") was prepared for the Project finding that with changes to the Project agreed to by the applicant and property owner, the Project would have no significant effects on the environment. On February 14, 2017, the Planning Commission recommended, by a 3-2 vote, that the City Council adopt the MND and approve the Project. In addition to being subject to the City’s zoning and subdivision regulations, the City is informed that the subject property is also subject to Covenants, Conditions and Restrictions (CC&Rs) of a private homeowners association, the Diamond Bar Country Estates Association ("DBCEA"). The DBCEA has informed the City that it denied the applicant’s request to subdivide the property. However, the City Attorney has advised 7.2 Packet Pg. 165 that because the City is not a party to the CC&Rs, that State law limits the City Council's scope of review to whether the Project is consistent with the regulations set forth in the Diamond Bar Municipal Code (the "Subdivision Ordinance") and the California Government Code. BACKGROUND: The Project is located within the Diamond Bar Country Estates (“The Country”), a gated residential community governed by the DBCEA. The Project is situated at the westerly terminus of Timbertop Lane, and extends downslope to Lazy Meadow Drive, and lies between Alamo Heights Drive and Blaze Trail. The Project is surrounded by singl e- family homes, as well as The Country’s recreation facilities and administrative offices immediately to the north. The Project site is 4.2 gross acres in area, and is developed with an existing single - family residence (known as the “California Bicentennial Home”, built in 1969/70) and a large single-story outbuilding. The Project site has four protected trees on-site. The site is legally described as Lot 130 of Tract No. 30578, and the Assessor’s Parcel Number (APN) is 8713-028-012. The Tentative Parcel Map application was submitted to the City on January 6, 2016. RR RR RR RR N 7.2 Packet Pg. 166 Site Aerial Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses located adjacent to the Project. General Plan Designation Zoning District Land Use Site Rural Residential RR Single-Family Residence North Rural Residential RR HOA Recreation Facility and Single-Family Residence South Rural Residential RR Single-Family Residence East Rural Residential RR Single-Family Residence West Rural Residential RR Single-Family Residence Project Description The Project would facilitate the development of single-family residences on the two newly-created vacant parcels. The gross and net size of each lot is provided in th e table below. The gross and net size (after the dedication of the private street easement) of each lot is provided in the table below. Parcel 1 Parcel 2 Parcel 3 Lot Size 64,297 SF (1.48 AC) - Gross 60,557 SF (1.39 AC) - Net 65,326 SF (1.5 AC) - Gross 60,388 SF (1.39 AC) – Net 53,580 SF (1.23 AC) - Gross 44,195 SF (1.02 AC) - Net Development Review applications for the single-family homes on Parcels 2 and 3 will be submitted for processing in the future. 7.2 Packet Pg. 167 7.2 Packet Pg. 168 DBCEA Review City staff has been informed that the applicant submitted the Tentative Parcel Map to the DBCEA’s Architectural Committee for review. On May 2, 2016, the committee issued a letter to the property owner (Attachment 7) stating that it was unable to approve the map as submitted. Among other things, the committee’s letter listed the following reasons for its disapproval: 1. Parcel 1 does not have enough street frontage length to be a Lot recognized by Diamond Bar Country Estates. 2. A single existing Lot may only be split into 2 Lots. In a letter dated May 11, 2016 (Attachment 8), MaxSum Development (the property owner’s development consultant), advised City staff that the property owner was disputing the DBCEA Architectural Committee’s decision. MaxSum submitted a response to the DBCEA in a letter dated June 2, 2016 (Attachment 9). In a letter to the City dated July 1, 2016 (Attachment 10), the City received a letter from the DBCEA's general manager stated that its Architectural Committee had denied the subdivision request “in accordance with the association’s governing documents for the following reasons: 1. Parcel 1 does not have one-hundred feet (100’) of road frontage on an existing Common Area street (the parcel’s existing roadway frontage at Timbertop is approximately 73 feet). 2. A single existing Residential Lot may only be subdivided into two (2) Residential Lots. In a letter to the Planning Commission dated February 14, 2017 (Attachment 11), the DBCEA’s legal counsel requested that the Commission deny Tentative Parcel Map No. 72035 for the reasons cited above. Planning Commission Public Hearing On February 14, 2017, the Planning Commission conducted a noticed public hearing and, by a 3-2 vote, recommended that the City Council adopt the MND and approve the Project. During the public hearing, a neighbor voiced opposition to the creation of additional lots in The Country. Members of the public representing themselves as members of the DBCEA Board of Directors and Architectural Committee stated that the proposed subdivision should not be approved as submitted due to its inconsistency with the DBCEA CC&Rs. A copy of the approved Planning Commission minutes is provided as Attachment 6. 7.2 Packet Pg. 169 ANALYSIS: Review Authority Section 21.02.040 of the City’s Municipa l Code designates the City Council as the final review authority for tentative map applications following the receipt of a recommendation from the Planning Commission to approve or deny the request. A tentative map is a map depicting how property is to be subdivided. The City's Subdivision Ordinance establishes the minimum standards for the design of the lots, and the public improvements which serve them. A subdivision of four or fewer parcels requires a parcel map, and a subdivision of five or more pa rcels requires a tract map. When the City Council considers a tentative parcel or tract map, it must be reviewed in light of the required findings mandated by state law and the City's Municipal Code for approval or denial of the map. The approval of a tentative map is subject to conditions that must be satisfied before a final map may be recorded and individual lots created by the subdivision may be sold. Subdivision Standards The maximum allowed density for the Rural Residential General Plan land use designation and zoning district is one dwelling unit per gross acre (1 DU/AC). Because all three of the proposed lots comprising the 4.2-acre Project site exceed one acre in size, the Project is in compliance with the City’s General Plan with regards to density. Density is further restricted by the topography of the Project site. The density reduction criteria set forth in the City’s Hillside Management Ordinance results in a maximum yield of 3.36 dwelling units for the subject property. The Project's three-lot subdivision, therefore, conforms to all density limitations applicable to the subject property. The table below compares the Project with the City’s Subdivision Ordinance and Development Code standards: The City’s Subdivision Ordinance requires building pad locations to be identified for parcels with a slope of 20 percent or greater. Because the average slope of the site is Development Feature Residential Development Standards Existing Proposed Meets Requirements Parcel Width Minimum 50’ 290’ 141’ – Parcel 1 144’ – Parcel 2 165’ – Parcel 3 Yes Parcel Depth Minimum 80’ 540’ Average 396’ – Parcel 1 Average 378’ – Parcel 2 Average 303’ – Parcel 3 Yes Retaining Walls Maximum 4’ (if associated with building pad) 5 feet None – Parcel 1 4’– Parcel 2 4’ – Parcel 3 Yes 7.2 Packet Pg. 170 approximately 32.7 percent, the applicant provided a conceptual grading plan to demonstrate the constructability of the proposed lots in conformance with the RR zone development standards (Attachment 3). As part of the subdivision review, staff sent notices to all public utility companies and service agencies regarding the proposed subdivision request. All agencies will be expected to provide service to each lot, including providers of gas, electrical, water, sewer, and cable television services. The detailed site planning, building footprints, floor plan, exterior design, landscaping and grading will be submitted for review during the Development Review application process for the development of each lot. As set forth in the above analysis, the Project is in conformance with the City’s General Plan and zoning, and all applicable requirements of the Subdivision Ordinance and Subdivision Map Act. The project complies with the minimum lot area and density. No variances or exceptions are requested, and all public utilities and services are available to service the project. Access The Project site is served by fully improved private streets. The Project will not interfere with the existing access from Timbertop Lane. Parcels 2 and 3 will gain access from Lazy Meadow Drive. Compatibility with Neighborhood The Project is consistent with the City’s General Plan in that it complies with the maximum density allowance of 1 dwelling unit per gross acre. The Project site is surrounded by single-family residential development and therefore will be compatible with the surrounding uses. If the Project is approved and recorded, development plans for the individual lots will be subject to review and approval by the City. Project Site (View from Timbertop Lane) 7.2 Packet Pg. 171 Adjacent Property and Single-Family Residence to the East on Timbertop Lane Adjacent Single-Family Residence to the South on Timbertop Lane Project Site Looking South from Lazy Meadow Drive 7.2 Packet Pg. 172 Parkland Dedication Pursuant to the Subdivision Ordinance, the City requires the dedication of land or payment of impact fees for park or recreational purposes. The land or impact fees are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision, and the amount and location of land to be dedicated or amount of fees paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. The amount of acreage required to be dedicated by the applicant is based upon the number of dwelling units from the subdivision. The Project will result in two additional dwelling units. The required dedicated acreage is computed using the following formula: X = .005(UP) Where X = Amount of parkland required, in acres U = Total number of approved dwelling units in the subdivision P = 3.4 for single-family dwellings The park impact fee equals the parkland obligation derived from the formula above, multiplied by the fair market value of the land for the appropriate park planning area of 0.051 acres. Staff used the most recent land that the City acquired —Washington Park—to calculate the fair market value to acquire land for park space. Washington Park was purchased in October 2008 for $380,000 and is 21,530 square feet (approximately half an acre). Property values in this area has increased by approximately 23 percent since 2008. The fair market value of Washington Park is now assessed at approximately $467,400, or approximately $945,655 per acre. The park impact fee is thus calculated as follows: $945,655 (fair market value for one acre of parkland) x 0.051 = $48,228.00 This park impact fee shall be paid to the City prior to final map approval (Co ndition #7 under Tentative Parcel Map Conditions). It is unlikely that a parkland dedication contribution was made at the time that the existing parcel was created. If the applicant can produce evidence that such a contribution was made, then the above -calculated park impact fee may be reduced by one-third. Relevance of Opposition from the DBCEA As stated in the Background section of this report, the City has been informed that the DBCEA Board of Directors denied the Project due to its lack of adheren ce to the subdivision standards set forth in the DBCEA's CC&Rs. Notwithstanding the dispute between the property owner and the DBCEA, since the City is not a party to the CC&Rs, they are not part of the City Council's evaluation of the 7.2 Packet Pg. 173 Project. In reviewing the Project the City Council may only approve or disapprove it based upon the specified criteria in the City’s Subdivision Ordinance, specifically Section 21.20.080 and the Subdivision Map Act, specifically California Government Code Section 66474. In the opinion of the City Attorney neither the Subdivision Ordinance nor the Subdivision Map Act permit the City Council to disapprove the Project based upon non-compliance with CC&Rs to which the City is not a party. The Project conforms fully to the City’s Subdivision Ordinance regulations applicable to the site. However, Subdivision Code Section 21.20.090(2)(d) does authorize the City Council to impose “(a)ny other conditions deemed necessary by the review authority to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with city ordinances or state law.” Therefore, in addition to conditions recommended by the Planning Commission, staff is recommending that the City Council approve the Project with the addition of the condition below. Prior to Final Map Approval the applicant shall provide evidence satisfactory to the City that the proposed subdivision complies with any Covenants, Conditions and Restrictions (“CCRs”) applicable to the subdividing of the property at the time of filing of the Final Map and has, consistent with such CCRs, received necessary approvals from the Diamond Bar Country Estates Association or in the alternative, provided evidence that no such approvals are required. Ultimately, it will be between the property owner and the DBCEA to work on a mutually agreeable solution or have the matter adjudicated through the court system. Additional Review The Public Works Department and Building and Safety Divisio n reviewed this Project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site on March 9, 2017, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on March 9, 2017. The Project site was posted with a notice display board, and a copy of the public notice was posted at the City’s three designated community posting sites. ENVIRONMENTAL ASSESSMENT: This Project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Staff prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt a Mitigated Negative Declaration for the Project on January 25, 2017, with the Los Angeles County Clerk, which Checklist and Notice is part of the City Council staff report. Pursuant to CEQA Section 15105, the public review period for the MND began on January 25 , 2017, and ended February 13, 2017. This Project would have been exempt under Article 19, Section 15315, Class 15 (Minor Land 7.2 Packet Pg. 174 Divisions) except that the average slope of the property (32.7%) is greater than 20 percent. Based on the Initial Study staff concluded that the MND was required for the Project. The Initial Study concluded that the Project will not significantly affect the environment based on revisions to the Project plans which were agreed to by the applicant. The MND describes the reasons that the Project will not have a significant effect on the environment. The MND apprises the Planning Commission, the City Council and the public as to the potential environmental effects from the Project and must be considered and adopted by the City Council prior to approving the tentative map. Once the MND was prepared, a Notice of Intent to Adopt the MND was posted at the Los Angeles County Clerk's Office and published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. T he MND was made available for public review for a period of 20 days in accordance wi th CEQA. The MND is included as Attachment 2. The Mitigated Negative Declaration is too large to attach to this staff report, but has been made available for public and City Council review with the Community Development Department. The Initial Study/Environmental Checklist and MND for the Project, documents reasons to support the findings that the Project would not have any potentially significant impacts on the environment with two proposed mitigation measures which are as follows and are contained with the Mitigation and Monitoring Program prepared as part of the MND. Cultural Resources “California Bicentennial Home” The existing lot is developed with a single -family residence also known as the “California Bicentennial Home” and an accessory structure. The “California Bicentennial Home” was evaluated for significance under criteria based on the CEQA, as amended in 2015, which includes criteria for eligibility to the California Register of Historical Resources (CRHR). According to an Architectural and Historical Significance Assessment conducted by Archaeological Associates on August 8, 2016, the analysis indicated that it was one of three showcase homes designed and c onstructed for the sole purpose of promoting custom home development in the “The Country.” In 1970, The Country, was a recreational-residential planned development with an equestrian theme developed by the new Transamerica Development Company. Research an d analysis has indicated that the residence appears eligible for the CRHR under Criterion 2, due to association with noted Southern Californian architect Raúl Garduno. Additionally, the home appears eligible for local listing only under Criterion 3 as it i s important to the City of Diamond Bar; however, there is no local historical register in the City of Diamond Bar. It does not appear eligible, either at the state level or locally, under Criteria 1 or 4. The applicant intends to preserve the “California Bicentennial Home” on site. However, in the event that demolition of the residence is desired, then a Mitigation Program designed to reduce the level of the resource’s significance to a level 7.2 Packet Pg. 175 of insignificance shall be implemented. This can be achieved t hrough a comprehensive recordation program known as a Historic American Building Survey (HABS) and companion document, a Historic American Engineering Record (HAER). The detailed requirements for the HABS/HAER can be found in Section 5 (Cultural Resources ) of the Initial Study/Environmental Checklist. Assembly Bill 52 – Tribal Consultation AB 52 requires notification/request for tribal consultation for projects subject to CEQA. A notification list was obtained from the Native American Heritage Commissi on and the City sent notices to the Tribes informing them of the opportunity to request consultation. On December 1, 2016, the City received a letter from the Gabrieleño Band of Mission Indians (Kizh Nation), indicating that the Project area lies in an area where the ancestral territories of the Kizh (Kitc) Gabrieleño’s villages adjoined and overlapped. The tribe had requested a certified Native American Monitor to be on site during any and all ground disturbances (including but not limited to pavement removal, post-holing, auguring, boring, grading, excavation and trenching) to protect any c ultural resources which may be affected during construction or development. A mitigation measure was added requiring a Native American Monitor in accordance with the tribe’s request. RECOMMENDATION: The Planning Commission and City Staff (with the additional condition noted above) recommend that the City Council adopt the attached Resolution (Attachment 1) adopting the Mitigated Negative Declaration and the Project ("Tentative Parcel Map No. 72035 for Planning Case No. PL 2016-01"), to allow a subdivision of an existing lot into three separate lots, based on the findings, subject to conditions of approval as listed within the attached Resolution. PREPARED BY: REVIEWED BY: REVIEWED BY: Attachments: 1. 7.2.a Draft Resolution No. 2017-XX and Conditions of Approval 7.2 Packet Pg. 176 2. 7.2.b Notice of Mitigated Negative Declaration and Initial Study/Environmental Checklist 3. 7.2.c Tentative Parcel Map No. 72035 4. 7.2.d Planning Commission Staff Report dated February 14, 2017 5. 7.2.e Planning Commission Resolution No. 2017-03 6. 7.2.f Minutes from the February 14, 2017 Planning Commission meeting 7. 7.2.g Letter from DBCEA Architectural Committee to the Developer dated May 2, 2016 8. 7.2.h Letter from MaxSum Development to the City dated May 11, 2016 9. 7.2.i Letter from MaxSum Development to the DBCEA dated June 2, 2016 10. 7.2.j Letter from DBCEA Board of Directors to the City dated July 1, 2016 11. 7.2.k Letter from the DBCEA’s legal counsel to the Planning Commission dated February 14, 2017 7.2 Packet Pg. 177 1229256.1 CITY COUNCIL RESOLUTION NO. 2017-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP NO. 72035 FOR THE SUBDIVISION OF AN EXISTING 4.2 ACRE LOT INTO THREE LOTS FOR THE FUTURE DEVELOPMENT OF NEW SINGLE-FAMILY RESIDENCES ON THE TWO NEWLY CREATED LOTS LOCATED AT 22702 TIMBERTOP LANE, DIAMOND BAR, CALIFORNIA (APN 8713-028-012). A. RECITALS 1. The property owner, USA Rongchen Development, Inc., and applicant, Tritech Associates, Inc., have filed an application for Tentative Parcel Map No. PL2016-01 to subdivide an existing lot into three separate lots for the development of a single-family residence on each lot located at 22702 Timbertop Lane. Hereinafter in this resolution, the subject Tentative Parcel Map shall be collectively referred to as the “Project.” 2. The subject property is made up of one parcel totaling 183,203 gross square feet (4.2 acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 3. The legal description of the subject property is Lot 130 of Tract No. 30578. The Assessor’s Parcel Number is 8713-028-012. 4. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on March 10, 2017. Public hearing notices were mailed to property owners within a 1,000-foot radius of the project site and public notices were posted at the City’s designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the Project vicinity. 5. On February 14, 2017, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. At that time, the Planning Commission recommended that the City Council approve the Project, subject to conditions. 6. On March 21, 2017, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date 7. In accordance with the California Environmental Quality Act (“CEQA”), on January 25, 2017, the Community Development Department prepared and filed 7.2.a Packet Pg. 178 2 an Initial Study/Environmental Checklist and Notice of Intent to adopt a Mitigated Negative which analyzed the potential impacts of the Project (“NOI”). The NOI was circulated for a 20-day period ending on February 13, 2017 in accordance with CEQA Guidelines section 15105, 8. A final Mitigated Negative Declaration (“MND”) has been prepared, which MND concludes that with the mitigation proposed by the MND that the Project will not have a significant effect on the environment. 9. The was considered by the Planning Commission at its duly conducted public hearing on February 14, 2017 and recommended for approval. 10. Notification of the public hearing at which this matter was heard was mailed to property owners within 1000 feet of the Project site and published in the Inland Valley Daily Tribune and the San Gabriel Valley Tribune. The Project site was posted with a notice display board and posted at three designated places within the City. 11. The documents and materials constituting the administrative record of the proceedings upon which the City’s decision is based are located at t he City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765, are have been available to the public and City Council for review. B. RESOLUTION NOW , THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council has considered the MND together with comments received during the public review process and finds on the record before it that there is no substantial evidence that the Project will have a significant effect on the environment and that the MND reflects the City's independent judgment and analysis and therefore, by this Resolution adopts the MND and directs City staff to file a notice of determination with the Clerk of Los Angeles County within five days of adoption of this Resolution. 3. The City Council approves the Project, finding it consistent with the City's Subdivision Ordinance and the Subdivision Map Act as further detailed below. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 21.20.080, the City Council hereby makes the following findings: 1. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and 7.2.a Packet Pg. 179 3 changes and alterations which have been incorporated into and conditioned upon the Project, there is no evidence before this City Council that the Project will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Tentative Map Findings: Pursuant to Section 21.20.080 of the City’s Subdivision Ordinance, this City Council makes the following findings: a. The Project, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan; The Project involves the subdivision of an existing 183,203 square-foot (4.2 gross acre) gross lot into three lots to accommodate the existing residence, and two vacant parcels for the future development of new single-family residences. Proposed Parcel 1 is 64,297 square feet (1.47 acres), proposed Parcel 2 is 65,326 square feet (1.5 acres) and proposed Parcel 3 is 53,580 square feet (1.23 acres). The property is zoned Rural Residential (RR), and the underlying General Plan land use designation is also named Rural Residential. The development of a single-family residence on Parcels 2 and 3 will be processed through a Development Review application for compliance with the City’s General Plan, City Design Guidelines and development standards. The Project will provide additional homeownership opportunities of single-family housing that will be compatible with the surrounding development. The Project site is not part of any theme area, specific plan, community plan, boulevard or planned development. b. The Project site is physically suitable for the type and proposed density of development; The Project will not interfere with the use and enjoyment of neighboring existing or future developments because the use of each lot is for a single-family home and the surrounding uses are also single-family homes. The maximum allowed density for the Rural Residential general plan land use designation and zoning district is one dwelling unit per gross acre (1 DU/Acre). Therefore, with a 4.2 acre lot, the proposed project is in compliance with the City’s General Plan with regards to density. Also, the proposed location of the building pads and footprints are in compliance with the development standards. c. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat; An initial study was prepared and it was determined that the proposed project qualifies for a Mitigated Negative Declaration. With the proposed mitigation measures, the project will not have a significant effect on the environment. In accordance to the provisions of Section 15070 and 15072 of the CEQA guidelines, the City prepared and filed a Notice of 7.2.a Packet Pg. 180 4 Availability and Intent to Adopt a Mitigated Negative Declaration for the project on January 25, 2017, with the Los Angeles County Clerk. Pursuant to CEQA Section 15015, the public review period for the Mitigated Negative Declaration began January 25, 2017, and ended February 13, 2017. d. The design of the subdivision or type of improvements will not cause serious public health or safety problems; The grading will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. Detailed drainage and hydrology studies will be completed, including the potential for debris flows, and the proposed conditions of approval will likely prevent any significant increases in erosion and flood hazards. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments, and Los Angeles County Fire Department requirements. Through the permit and inspection process, the referenced agencies will ensure that the Project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. e. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. Proposed Parcel 1 has an existing shared driveway with the adjacent property located at 22710 Timbertop Lane. Ingress and egress rights to and from the easement(s) for Parcel 1 will be maintained. The Project will not conflict with this shared access. The Project will not interfere with vehicular or pedestrian movements , such as access or other functional requirements of a single -family residence because the proposed parcels will comply with the requirements for driveway widths for each lot. f. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board; The Project will not violate any requirement of the California Regional Water Quality Control Board. Per the sewer system analysis submitted by Tritech Engineering Associates dated August 18, 2016, there will be no adverse effect on the existing public sewer system. The Project will be connecting to the existing public sewer system which is in compliance with the California Regional Water Quality Control Board. 7.2.a Packet Pg. 181 5 g. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions; and The grading will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. h. The Project is consistent with all applicable provisions of the City’s Subdivision Ordinance, the Development Code, and the Subdivision Map Act. As discussed in more detail above and in the administrative record, the Project is consistent with the City’s Subdivision Ordinance, the Subdivision Map Act, and City Development Code. In addition, the development of the new single-family residences on each lot will be processed through a Development Review application for compliance with the City’s development standards. 2. Based on the findings and conclusions set forth herein, th e City Council approves Tentative Parcel Map No. 72035, subject to the following conditions and the attached Standard Conditions of Approval: a. GENERAL 1. The approval of Tentative Parcel Map No. PL 2016-01 expires within three years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section (DBMC) 21.20.140. The applicant may request in writing for a three year time extension if submitted to the City no less than 60 days prior to the approval’s expiration date, subject to DBMC 21.20.150 for City Council approval; 2. Within five days of this approval, the property owner/applicant (sometimes referred to herein as "subdivider") shall pay to the City, the Department of Fish and Wildlife fee pursuant to Section 711.4 of the Fish and Game Code; 3. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Los Angeles County Fire Department; 4. This approval shall not be effective for any purpose until the applicant and owner of the property have filed, within twenty-one (21) days of approval of this Tentative Parcel Map No. PL 2016- 01, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays the 7.2.a Packet Pg. 182 6 remaining City processing fees, school fees and fees for the review of submitted reports; 5. The development of new single-family residences on each lot shall be submitted for review and approval of a Development Review and shall comply with the City’s Development Code; 6. Prior to any use of the Project site being commenced thereon, all conditions of approval shall be completed; 7. The Project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations; and 8. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. b. TENTATIVE PARCEL MAP CONDITIONS 1. Approval of the Tentative Parcel Map is for subdivision of land only. No land use or development entitlements are expressed or implied; 2. The development shall provide parcels, easements or rights -of- way for private streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal and public utilities providing electric, gas, and telecommunications services; 3. All utilities shall be installed underground in compliance with DBMC Section 21.30.110; 4. The development shall carry out the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance; 5. The design of the subdivision shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Subdivision Map Act Section 66473.1; 6. Prior to Final Map Approval, the subdivider shall pay a parkland dedication impact fee for park and recreational purposes in the amount of $48,228.00, which equals the parkland obligation derived from the formula in DBMC Section 21.32.040(C) times the average per-acre fair market value for the appropriate park planning area. For the purposes of determining the required fee, 7.2.a Packet Pg. 183 7 the term “fair market value” shall mean the market value of the land as determined by the City staff, and approved by the Commission or Council, prior to or at tentative map approval. If the subdivider objects to the valuation, the subdivider, at his/her expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the City whose appraisal may be accepted by the City if found reasonable. Fair market value may be determined by mutual agreement of the City and subdivider; however, decisions of the City as to fair market value shall be final and conclusive. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision; 7. Approval of Tentative Parcel Map No. 72035 shall not be interpreted as repealing, abrogating, or annulling any private easement, covenant, or dual restriction imposed on the subject property; 8. The subdivider shall install any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like in accordance to DBMC Section 21.34.020 thru 21.34.030; 9. The construction of the single-family residences on Parcels 2 and 3 shall not occur simultaneously; and 10. Prior to Final Map Approval, the applicant shall provide evidence satisfactory to the City that the proposed subdivision complies with any Covenants, Conditions and Restrictions (“CCRs”) applicable to the subdividing of the property at the time of filing of the Final Map and has, consistent with such CCRs, received necessary approvals from the Diamond Bar Country Estates Association, or in the alternative, provided evidence that no such approvals are required. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: USA Rongchen Development Inc., 21614 Fairwind Lane, Diamond Bar, CA 91765, and Tritech Associates, Inc, 135 N. San Gabriel Blvd., San Gabriel, CA 91775. 7.2.a Packet Pg. 184 8 APPROVED AND ADOPTED THIS 21ST DAY OF MARCH 2017, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. By: Jimmy Lin, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 21st day of March 2017, by the following vote: AYES: Council Member: NOES: Council Member: ABSTAIN: Council Member: ABSENT: Council Member: ATTEST: _____________________________________ Tommye Cribbins, City Clerk City of Diamond Bar 7.2.a Packet Pg. 185 9 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Tentative Parcel Map No. PL 2016-01 SUBJECT: To subdivide an existing 183,203 square-foot (4.2 acres) gross lot into three separate lots for the development of a single-family residence on each lot. PROPERTY USA Rongchen Development, Inc. OWNER(S): 21614 Fairwind Lane Diamond Bar, CA 91765 APPLICANT: Tritech Associates, Inc. 135 N. San Gabriel Blvd. San Gabriel, CA 91775 LOCATION: 22702 Timbertop Lane, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839 -7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set -aside, void or annul, the approval of Tentative Parcel Map No. PL 2016-01 brought within the time period provided by Government Code Section 66499.37 or any claim, action or proceeding alleging subdivision of the property is prohibited by contract, Covenants, Conditions, and Restrictions, or similar instruments. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 7.2.a Packet Pg. 186 10 (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. The subdivider/applicant shall remove the public hearing notice board within three days of this project's approval. 3. Approval of this request shall not waive compliance with all sections of the Development Code, all applicable City Ordinances, and any applicable Specific Plan in effect at the time of grading and building permit issuance. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839 -7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Los Angeles County Fire Department approval will be required. 2. The garages of the new residences shall be oriented for adequate back -up clearance as required by Public Works. 3. The project lies in a fire zone. Landscape and house design will require fuel modification and fire zone measures be implemented. 4. Parcel 1 shall be maintained with erosion control and maintenance of the existing property, including the pool. 5. Design of structures and grading shall be in conformance with geotechnical reports for the property including those by Cal Land Engineering, Inc. 6. All existing parcels shall be maintained free and clear of any trash and debris. 7. All structures shall maintain slope setbacks per CBC Figure 1805.3.1. 8. All work shall be in conformance to the current adopted California Building Code series based on the date of filing for the plan check application. 7.2.a Packet Pg. 187 11 APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT AT (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for connection to its facilities. 3. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the respective utility company, within ninety (90) days prior to final map approval. 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 7. Easements, satisfactory to the City Engineer and the utility c ompanies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 8. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a f ull size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by th e Public Works/Engineering Department. 9. All activities/improvements for the proposed Tentative Parcel Map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1. Applications for the grading/development of the newly created lots shall be submitted to the Public Works/Engineering Department for review and approval. 7.2.a Packet Pg. 188 12 All pertinent improvement plans shall be approved by the City Engineer accordingly and other applicable City Departments as determined necessary. 2. Grading plans for each lot shall be submitted to the Community Development Department/Planning Division for review and approval prior to issuance of grading and building permits. 3. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 4. The maximum grade of driveways serving building pad areas shall be 20 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent or greater shall incorporate grooves for traction into the construction as required by the City Engineer. 5. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. C. DRAINAGE 1. Cross lot drainage easements, if applicable, shall be identified on the final map. Cross lot drainage will not be permitted unless that is the natural drainage course. D. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 2. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including sewer laterals, water, gas, electric power in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 3. Underground utilities shall not be constructed within five feet of the drip line of any mature tree except as approved by a registered arborist. 7.2.a Packet Pg. 189 13 E. SEWERS 1. The sanitary sewer system serving the parcels shall be connected to the Los Angeles County maintained sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public W orks and surety shall be provided and an agreement executed prior to approval of the final map. 2. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 3. Applicant, at applicant’s sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to Final Map Approval. If said improvements are not completed prior to final map approval, a subdivision agreement shall be executed by the applicant and security posted ensuring the completion of improvements. END 7.2.a Packet Pg. 190 7.2.b Packet Pg. 191 7.2.b Packet Pg. 192 7.2.b Packet Pg. 193 7.2.b Packet Pg. 194 7.2.b Packet Pg. 195 7.2.b Packet Pg. 196 7.2.b Packet Pg. 197 7.2.b Packet Pg. 198 7.2.b Packet Pg. 199 7.2.b Packet Pg. 200 7.2.b Packet Pg. 201 7.2.b Packet Pg. 202 7.2.b Packet Pg. 203 7.2.b Packet Pg. 204 7.2.b Packet Pg. 205 7.2.b Packet Pg. 206 7.2.b Packet Pg. 207 7.2.b Packet Pg. 208 7.2.b Packet Pg. 209 7.2.b Packet Pg. 210 7.2.b Packet Pg. 211 7.2.b Packet Pg. 212 7.2.b Packet Pg. 213 7.2.b Packet Pg. 214 7.2.b Packet Pg. 215 7.2.b Packet Pg. 216 7.2.b Packet Pg. 217 7.2.b Packet Pg. 218 ARCHITECTURAL AND HISTORICAL SIGNIFICANCE ASSESSMENT OF CALIFORNIA BICENTENNIAL HOME LOCATED AT 22702 TIMBERTOP LANE, CITY OF DIAMOND BAR, LOS ANGELES COUNTY Submitted to: Mayuko Nakajima, Associate Planner Community Development Department Planning Division City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Prepared by: Robert S. White Richard Guttenberg, M.A., RPA Johanna Marty. M.A., RPA Archaeological Associates P.O. Box 180 Sun City, CA 92586 Tel: (951) 244-1783 Fax: (951) 244-0084 Tentative Parcel Map 72035 APN 8713-028-012 Final August 8, 2016 P.O. Box 180 Sun City, CA 92586 Tel: (951) 244-1783 Fax: (951) 244-0084 email: archaeological_associates@hotmail.com 7.2.b Packet Pg. 219 i NATIONAL ARCHAEOLOGICAL DATA BASE INFORMATION Author(s):Robert S. White, Johanna Marty, M.A., RPA, and Richard Guttenberg, M.A., RPA Consulting Firm:Archaeological Associates P.O. Box 180 Sun City, CA 92586 Tel (951) 244-1783 Fax (951) 367-0117 Report Date:August 8, 2016 Report Title:Architectural and Historical Significance Assessment of California Bicentennial Home located at 22702 Timbertop Lane, City of Diamond Bar, Los Angeles County Prepared for:Community Development Department Planning Division City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Contact:Mayuko Nakajima, Associate Planner USGS Quadrangle:Yorba Linda 7.5', California Study Area:Section 21, Township 2 South, Range 9 West, SBBM Keywords:Evaluation, California Bicentennial Home, City of Diamond Bar, Los Angeles County 7.2.b Packet Pg. 220 ii TABLE OF CONTENTS Page Management Summary . iv I. INTRODUCTION 1 II. STUDY AREA LOCATION AND ENVIRONMENT 1 III. A BRIEF HISTORICAL SKETCH OF DIAMOND BAR 4 IV. FIELD SURVEY 9 V. CALIFORNIA BICENTENNIAL HOME DESIGN TEAM 10 VI. PHYSICAL DESCRIPTION OF CALIFORNIA BICENTENNIAL HOME 13 VII. RESOURCE EVALUATION 15 VIII. CONCLUSIONS AND RECOMMENDATIONS 17 REFERENCES CITED 19 LIST OF FIGURES Page Figure 1. Regional location of the project area as indicated. . . 2 on a portion of the Los Angeles USGS 1:100,000 scale Topographic Map. Figure 2. Study area as shown on a portion of the Yorba Linda . . . 3 7.5' USGS Topographic Quadrangle. Figure 3. Aerial photograph of California Bicentennial Home . . 5 Figure 4. Site Plan as shown on TPM 72035.....6 7.2.b Packet Pg. 221 iii LIST OF PLATES Page Plate I. Top: Hillside House featured in Arts and Architecture, .. 2 0 July 1962. Photo by Leland Yee. Bottom: Franks House illuminated at night. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). Plate II. Top: Oblique view of Franks House. © J. Paul Getty Trust. . 21 Getty Research Institute, Los Angeles (2004.R.10). Bottom: Upslope view of Franks House. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). Plate III. Top: Toland House, San Clemente. © J. Paul Getty Trust. . 22 Getty Research Institute, Los Angeles (2004.R.10). Bottom: Toland House, San Clemente. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). Plate IV. Top: Reflecting Pool at the Toland House. © J. Paul Getty . 23 Trust. Getty Research Institute, Los Angeles (2004.R.10). Bottom: Hummel House on foundation supports. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). Plate V. Top: Side view of Hummel House. © J. Paul Getty Trust. . 24 Getty Research Institute, Los Angeles (2004.R.10). Bottom: Decorative roof elements used on Hummel House. © J. Paul Getty Trust.Getty Research Institute, Los Angeles (2004.R.10). Plate VI. Top: Oblique view (looking northeast) of the west elevation . 25 of California Bicentennial Home. Bottom: Southeasterly view of the north half of the west elevation (Note the reflecting pool/swimming pool similar to that used at the Toland House. Plate VII. Top: Northeasterly view of a portion of the west elevation of . 26 California Bicentennial Home showing picture window detail. Bottom: Southwesterly view of the north elevation (shed-roof extension at bottom appears to be an addition). Plate VIII. Top: South elevation of California Bicentennial Home . 27 showing garage entry, slit windows and second floor sun porch. Bottom: Decorative ramada roof treatment attached to the southwest house corner similar to those used on the Hummel House. Plate IX. Top: Oblique view looking northwest along the east elevation . 28 of California Bicentennial Home. Bottom: Main entryway centrally located on the east elevation flanked by rock walls. 7.2.b Packet Pg. 222 iv MANAGEMENT SUMMARY At the request of the Community Development Department, Planning Division, City of Diamond Bar, Archaeological Associates has undertaken a California Register of Historical Resources (CRHR) evaluation of the residence locally known as California Bicentennial Home. It is located within the corporate boundary of the City of Diamond Bar at 22702 Timbertop Lane in an upscale residential section of the City known as “The Country”. Presently is it desired to split the 4.2-acre parcel into three lots and build two additional custom homes. The existing home on the property will remain. The purpose of this study was to determine if California Bicentennial Home (constructed circa 1969) is architecturally or historically important pursuant to the California Environmental Quality Act (CEQA) criteria. The architectural/historical analysis of the residence indicates that it was one of three showcase homes designed and constructed for the sole purpose of promoting custom home development in the “The Country”. In 1970, The Country, was a new Transamerica Development Company recreational-residential planned development with an equestrian theme. Research and analysis has indicated that the residence appears eligible for the CRHR under Criterion 2 due to association with noted southern California architect Raúl Garduno. Additionally, the home appears eligible for local listing only under Criterion 3 as it is important to the City of Diamond Bar. It does not appear eligible, either at the state level or locally, under Criteria 1 or 4. As a matter of course, a Primary Record form (DPR 523 series) reflecting the current status of California Bicentennial Home will be submitted to the South Central Coastal Information Center at California State University Fullerton. As current plans call for the preservation of California Bicentennial Home, no additional mitigation measures are recommended in conjunction with historical resources. In the event that preservation becomes infeasible, it is recommended that a Historic American Building Survey and Historic American Engineering Record (HABS/HAER) program be undertaken prior to demolition. The photography, drawings and report should comply as closely as practical with National Park Service requirements for HABS/HAER programs at the local level. 7.2.b Packet Pg. 223 1 I. INTRODUCTION The following report was written by Archaeological Associates at the request of the Community Development Department, Planning Division, City of Diamond Bar. It describes the results of an architectural and historical evaluation of the residence locally known as California Bicentennial Home. The 5,306 square foot residence is located in the area of the City known as “The Country” and carries the address of 22702 Timbertop Lane (APN 8713-028-012). Current plans call for subdividing the 4.2-acre parcel into three parcels for the purpose of constructing two additional houses. The existing residence, constructed circa 1969, will remain. The study described herein was conducted in accordance with the California Environmental Quality Act (CEQA) as it pertains to the management of cultural resources. The purpose of the evaluation was to establish the architectural and historical significance of California Bicentennial Home which is over 45 years of age. This information is needed since adoption of the proposed subdivision plan could result in adverse effects upon the building. Personnel participating in the study included Richard Guttenberg, M.A., RPA, Johanna Marty, M.A., RPA and Robert S. White. Our evaluation consisted of: (1) literature review, (2) archival research, (3) architectural and historical analysis, and (4) narrative report. II. STUDY AREA LOCATION AND ENVIRONMENT Regionally, the residence lies in the eastern San Gabriel Valley within the City of Diamond Bar east of the 57 freeway and southeast of the 60 freeway, Los Angeles County (fig.1). Brea Canyon lies to the northwest as does Tonner Canyon to the southeast. The San Bernardino and Orange County boundaries are located approximately 1-mile to the east and south, respectively. This area of the City of Diamond Bar represents the interface of the Puente/Chino Hills. Consequently, the terrain is quite varied comprising, ridgelines, hilltops, swales and small valleys. Specifically, the study area is located in an upscale, gated community known as The Country at the cul-de-sac of Timbertop Lane (22702 Timbertop Lane). Legally, the building is situated in the Southeast ¼ of the Northeast ¼ of the Southeast ¼ of Section 21, Township 2 South, Range 9 West, San Bernardino Base Meridian (SBBM) as shown on a portion of the Yorba Linda 7.5’ USGS Topographic Quadrangle (figs. 2 & 3). 7.2.b Packet Pg. 224 2 Figure 1. Regional location of the project area as indicated on a portion of the USGS San Bernardino 1:100,000 scale Topographic Map (1982). 7.2.b Packet Pg. 225 3 Figure 2. Study area plotted on a portion of the USGS Yorba Linda 7.5' Topographic Quadrangle (1966, photorevised 1981). 7.2.b Packet Pg. 226 4 III. A BRIEF HISTORY OF DIAMOND BAR A. Rancho Days Mission San Gabriel was the first European settlement in the Los Angeles basin established sometime around 1776. The Mission grazed livestock and farmland extended as far as the hills and valleys of present day Diamond Bar. After Mexico gained independence from Spain in 1821, a movement to reduce Spanish power began. This included secularization of the missions in 1830, and the issuance of land grants. The first land grant in the Pomona Valley was issued on April 15, 1837 when Mexican governor Juan Bautista Alvarado conveyed a 22,000-acre parcel of land to California natives Ygnancio Palomares and Ricordo Vejar. Through an informal agreement, Palomares and Veja each took half of their new grant which they had dubbed Rancho San Jose. Palomares took the northern section of the rancho settling in the area of present day Pomona. Viejar occupied the southern portion of the grant in the area immediately south of Pomona and Brea Canyon (Diamond Bar 213). The entire rancho spanned the current sites of the cities of Pomona, Claremont, San Dimas, La Verne, and Glendora (Diamond Bar 214). In 1840, a second land grant was deeded to Jose de la Luz Linares, containing approximately 1,004 acres south of San Jose Creek. This property, which Linares named Rancho Los Nogales (Ranch of the Walnut Trees), is the current location of the city of Diamond Bar (Diamond Bar 60). After Linares’ death in 1847, his widow, Maria sold a portion to Vejar, who owned the adjacent ranch. Over the next decade, Vejar and his sons obtained possession of the entire original Los Nogales land grant, increasing his land holdings to more than 13,000 acres. Land rich but cash poor like many other rancho owners, Vejar resorted to borrowing money to feed his cattle and keep his land. Despite mortgaging his land, Vejar was unable to repay the loan. B. End of the Rancho Period In 1864, Vejar’s land passed to the ownership of the merchants (Diamond Bar 60). Merchants soon sold the land and everything on it for $30,000 to a livestock trainer named Louis Phillips. Phillips parceled large portions of the former ranchos over the next several years, selling the land to settlers form the South who were seeking escape from the devastation of the Civil War (Diamond Bar 77). 7.2.b Packet Pg. 227 5 Figure 3. Study area as shown on aerial photograph. 7.2.b Packet Pg. 228 6 Figure 4. Site Plan as shown on TPM72035. 7.2.b Packet Pg. 229 7 In the town of Spadra, the first settler to whom Louis Phillips sold a portion of rancho San Jose was William “Uncle Billy” Rubottom. Soon after, Rubottom opened a hotel and tavern which became a regular stop for the Butterfield Stagecoach. By 1870, the area boasted three stores, two blacksmith shops, warehouses (for shopping via the railroad), a school, and a post office. Rubottom was an Arkansas native and named the growing community of Spadra after his hometown. Although Spadra began as a thriving community, the introduction and expansion of the railroads, along with the incorporation of the city of Pomona in 1888 led to the demise of the town (Diamond Bar 258) In 1918, Frederick Lewis bought 7800 acres of “choice land” near the town of Spadra, about 30 miles east of Los Angeles. The primary focus of the Diamond Bar Ranch was the establishment of a Durac-Jersey hog breeding operation. In 1920, Lewis and another hog farmer, A.B. Miller of Fontana, decided that garbage would be a more cost effective food source than grain, securing a garbage hauling contract from the City of Los Angeles (Diamond Bar 77). Diamond Bar ranch quickly earned a reputation as breeders of high quality champions. Lewis also bred Arabian horses on the Diamond Bar ranch, initially purchasing 10 horses from Peter Bradley in Massachusetts. Peter Bradley is credited with financing a significant importation in 1906, when Homer Davenport received permission from the Sultan of Turkey to export Arabian horses. Over the course of nine years, 50 registered Davenport Arabians, who could be traced to the original importation, were bred on the Diamond Bar Ranch (Diamond Bar 95). In 1943, Lewis sold his ranch to William Bartholomae, president of Batholomae Oil Corporation of Fullerton (Diamond Bar 95). “Bartholomae, a millionaire with movie star good looks, spent 13 years overseeing 3,000 purebred Hereford cattle on his vast property” (Diamond Bar 95). “The significant acreage of open land under single ownership and its isolation from other cities but proximity to industrial areas made it an ideal site for a master-planned community” (Diamond Bar 470). C. Modern Period-Transamerica Corporation In 1956, Capital Company- a real estate and oil development subsidiary of the Transamerica Corporation- purchased the 7,800-acre ranch from William Bartholomae for $10 million.” (Diamond Bar 470). Promptly after adopting the master plan in 1958, the Transamerica Corporation began installation of utilities and infrastructure, including the potable 7.2.b Packet Pg. 230 8 water network and the formation of the Diamond Bar Water Company. In 1959, a 4,700-foot- long-water pipeline was installed beneath Diamond Bar Boulevard (Diamond Bar 470). Once other primary improvements were in place, Capital Company began selling parcels in various sizes to other builders and focusing on other aspects of the master plan, including roadways, shopping areas, recreational and educational facilities. The plan called for a network of roads to emanate from a single highway; a business district at the center of town, as well as two shopping centers in outlying areas (Diamond Bar 470). Recreation facilities outlined in the plan included an 18-hole golf course in addition to several parks. The Diamond Bar Development Company (A Transamerica Corporation subsidiary) took over administration of the property in 1959 (Diamond Bar 486). While development was already well underway, momentum increased and commercial, residential, and commercial building activity accelerated under this new management. The first planned homes were built in 1960 in the northern part of town. The Transamerica Development Company oversaw development until it sold its last real estate holdings in 1986 (Diamond Bar 486). Diamond Bar’s wide open spaces and isolation from other cities yet close proximity to business and industrial centers were the prime marketing tools employed by Capital Company to entice potential buyers to leave metropolitan areas for “country living” (Diamond Bar 497). Westwood Ranchos was the first development where homes sold, and later Golden Springs Estates. D. The Country In 1970, development began for a large gated community known as Equestrian Estates, later changed to “Country Estates, featuring custom home sites ranging in size from half acre to two-and-a-half acres, as well as permanent riding trails and equestrian facilities”. “The Country” was the brainchild of the Transamerica Development Company whose intent was to create an exclusive recreational-residential community in the rolling hills of Diamond Bar (Independent Press Telegram 1970). The Country development also featured “the nation’s largest private covered horse show arena, with stable, four outdoor rings, a 150-acre recreation park, a tennis club, and several satellite recreation centers” (Diamond Bar 653). To promote the development, Transamerica commissioned the design and construction of three exhibit residences by architects Raúl Garduno, Garduno Design Associates of Los Angeles, 7.2.b Packet Pg. 231 9 Barry Berkus, B.A. Berkus Associates of Los Angeles and Lee Wilcox A.I.A., of Garden Grove (Progress Bulletin 1969). The residence known as “California Bicentennial Home” was designed by architect Raúl Garduno who specialized in challenging hillside projects, primarily in Los Angeles. The home took the name from the California Bicentennial Celebration Commission who authorized the designation of the house as “California Bicentennial Home” (Independent Press Telegram 1970). In essence, the house was said to acknowledge those who have made significant contributions to the “good way of life”. It is unknown if California Bicentennial Home or the other two exhibit residences sparked significant interest in new construction within The Country in the early 1970s. However, Transamerica’s vision has been achieved as The Country has matured into a very exclusive enclave in the City. E. A New City The first government organization, the Diamond Bar Homeowner’s Association was formed by property owners in in 1960. As the population grew, the desire for local control and community identity also increased, leading to the formation of the Diamond Bar Municipal Advisory Council (MAC) in 1976. MAC served as a community watch dog, assisting with traffic regulation, safety, parks and recreation, and zoning. The 1980s saw a jump in population of over 50 percent and ongoing discussion about the feasibility of incorporation. The debate finally came to an end on March 7, 1989, when voters approved an incorporation measure, securing Diamond Bar the 86th spot on the register of Los Angeles County Cities (Diamond Bar 729). With incorporation, the Diamond Bar Homeowners Association saw its role and influence grow to include education and enforcement of Transamerica’s county approved property maintenance guidelines and preparation of a proposal to create a Municipal Advisory Council (Diamond Bar 745). IV. FIELD SURVEY A field survey of the project site took place in February and March, 2016. Field personnel included Richard Guttenberg, M.A., Johanna Marty, M.A., and Robert S. White. The intensive survey was conducted by thoroughly examining the built environment within the project boundaries (fig. 4). This included an examination of the existing residence (Bicentennial Home). 7.2.b Packet Pg. 232 10 Ancillary structures on the property that were not part of the assessment comprise a large stable that is purely ubiquitous in nature. The stable appears contemporaneous with the house but clearly was constructed/adapted from standardized plans for such outbuildings. It does not share any of the architectural or design elements found in the house. Field notes and photographs focused on the exterior of the circa 1969 building. Using this information, Department of Parks and Recreation (DPR) 523 series forms are being compiled for the building under evaluation. V. CALIFORNIA BICENTENNIAL HOME DESIGN TEAM A. Architect Raúl F. Garduno, Garduno Design Associates of Los Angeles Raúl Garduno grew up in Los Angeles and came from a long line of doctors (Head 2015). He began his university education as an engineering student at Loyola Marymount University, later studying architecture at USC, graduating in 1960. Garduno designed his first home while working in the office of architect Ragnar Qvale. He eventually left the firm to complete the house and start his own practice. Garduno was best known for his Modernist (Mid-Century) residential work. Garduno specialized in the construction of challenging hillside properties. His first two homes (similar post and beam design) are next door to one another at 1954 and 1956 Lucile Dr. in the Los Angeles neighborhood of Silver Lake. As the story goes, Garduno and associate Peter Heisler designed the Fleming Drefeld House (1956 Lucile Dr.) for a Los Angeles Times typesetter (Drefeld) who commissioned the home in 1961 (Plate I Top). Also known as “Hillside House” it has been photographed by Leland Yee, and featured in Arts and Architecture magazine (1962). The Fleming Drefeld House was featured in an article entitled, "Hillside House on an Anchor of Steel" in the Home Section of the Los Angeles Times on July 22, 1962. With views and afternoon breezes in mind, the house featured open-air, steel, glass, post and beam design allowing for stunning views of the hillsides, and vistas of the Hollywood Sign and Griffith Park Observatory. The house cantilevers from the hillside; has floor to ceiling glass panels, a prefabricated barrel vaulted ceiling, and approximately 500 feet of decks surround the home (O’ Conner 2015). 7.2.b Packet Pg. 233 11 Perhaps his most recognized house, Garduno and Rick Farber designed the Franks House in 1966 (located at 1249 N. Tigertail Road in the Crestwood Hills neighborhood of Brentwood). The Franks House is a 2,506 square foot home featuring a loft-style arrangement with incredible views, multiple decks, a koi pond, walls of glass and a floating staircase ( Plate I Top, Plate 3) The Franks House is included as one of many significant examples of Mid-Century Modern architecture identified in the Brentwood-Pacific Palisades survey area by the Survey La Project (HRG 2013:58). Other examples of Mid-Century Modern architecture were often located in hillside neighborhoods where they take advantage of sweeping canyon and city views. Many represented the work of noted architects, including Richard Neutra, Lloyd Wright, Buff & Hensman, Ain Johnson & Day, Raymond Kappe, Rex Lotery, Craig Ellwood, Rodney Walker, Palmer & Krisel, A. Quincy Jones, Harry Gesner, Thornton Abell, Wurster Bernardi & Emmons, Paul Laszlo, Douglas Honnold, Pierre Koenig, Richard Dorman, and Paul Sterling Hoag (ibid). Garduno also went on to design “House 66”, a showcase residence in Carbon Canyon near Pomona which attracted prospective homebuyers with features such as a large Japanese Black pine tree and garden of ferns growing below a skylight in the living room and a waterfall near the entrance. Garduno’s design makes use of wood, concrete with exposed aggregate, and tile to impart a feeling of spaciousness, while retaining a sense of warmth (Desert Sun 1967). Garduno’s ex-wife, Barbara Jean Trembley told photographer Michael Locke, “Pete (Peter Heiser) was a school friend of mine, and fraternity brother to Raúl at USC; we were introduced at a jazz concert in the valley. We were married in January 1959, I was sixteen years old, he was twenty. To finance buying the Lucile Avenue lots, Pete sold his Corvette, a graduation gift from his grandmother. Pete was also responsible for promoting Raúl to John Entenza of Arts & Architecture which led to the publication of the first house designed by Raúl” (Locke 2014). Julius Shulman, 1910-2009, was an active architectural photographer from 1936 until 1986. The Getty maintains an archive of photographs representing his career. The archive documents the modern movement in architecture spanning several decades and serves as a historical record of the Southern California landscape. Shulman's prolific career has helped to promote and broaden the knowledge of modern architecture by the thoughtful manner which he conveyed architectural design. Images of three homes designed by Garduno can be found in Series IV of Shulman’s archive: the Franks home in Brentwood, designed by Garduno and 7.2.b Packet Pg. 234 12 Farber in 1966; The Toland House in San Clemente (Plate III, Plate IV Top); and the Hummel House in Los Angeles (Plate IV Bottom, Plate 5). Garduno’s California Bicentennial Home served as inspiration for architect Louis Sumner Winn’s (1928-2000) design of the G. Blake and Gail K. Alexander House in Durham, North Carolina. Designed by Winn and built by C.S. Witt in 1974, the 5,261 square-foot home features a stucco finish, authentic Mexican Saltillo tiles and tile accents and is located on the 17th green of Croasdaile Country club. Garduno married four times: to Barbara Jean Trembley (31 January 1959, divorced April 1966); Gretchen J. Gerke or Gere (8 August 1969, divorced October 1971); Hawley Griffith (6 December 1973, divorced October 1976 and Denise C. Rucker or Wood (married 25 August 1978) (Locke 2014). Garduno passed away in October 2014 (Head 2015). B. Modernism Historical Context It may be observed that California Bicentennial Home falls into the class of architecture known as “Modernism”. Although Garduno’s style is sometimes referred to as Mid-Century Modern or International, the roots of modernism can be traced to two historical architectural styles which focused on addressing the practical issues raised by matters of cost and function. Namely DeStijl (Dutch meaning the “style”) and its progeny, Bauhaus. These early 20th century styles comprised the foundation for the emerging 20th century modernistic architectural movements; particularly the eclectic and highly popular International Style. DeStijl was a collective group of artists that arose in the Netherlands under the leadership of painter and designer Theo Van Doesburg (1883-1931). Today, its most well-known advocate is probably the painter Pieter Mondrian (1872-1944). Mondrian’s well-known canvasses of stark, straight black vertical and horizontal lines delineating square and rectangular spaces occasionally filled with pure colors of red, blue and yellow embody the fundamental aesthetic principles of DeStijl architecture. While DeStijl was a collective movement of formally unassociated painters, poets and even composers bound by a commitment to straight horizontal and vertical lines and the so- called primary colors of red, blue, and yellow as the basic elements of beautiful composition, Bauhaus was a formal art school established by architect Walter Gropius in Weimar, Germany in 1919. Gropius was committed to the ideas that beauty is achieved when form is faithful to 7.2.b Packet Pg. 235 13 function in as simple a way as possible. It is interesting to note that both these companion architectural styles, DeStijl and Bauhaus, were rejected as decadent by the Nazis and, consequently became closely associated with liberal politics in the mind of the public. All in all, it would be accurate to say that the architecture of California Bicentennial Home stands as a classic application of the underpinnings of the historic modernistic movement in architecture. VI. PHYSICAL DESCRIPTION OF CALIFORNIA BICENTENNIAL HOME A. Introduction California Bicentennial Home is located at the terminus of a cul-de-sac that carries the name of Timbertop Lane (figs. 3 & 4). The house is Modern (Mid-Century) in style arguably with International style elements (McAlester and McAlester 1990). The story and a half building constructed in 1969/70 is oriented to the west to take advantage of the expansive views. Building construction is wood frame and stucco clad. The roof is flat (parapet wall façade) and presumably sheathed in composition paper. A portion of the home rests on a concrete slab while other areas are reported to sit on eight foundation piles of native stone (The Country 1970). This has not been verified as no construction plans have been made available. With the exception of some termite and dry wood damage to the rafter tails protruding from the exterior walls and the decorative ramada roof treatments, the building appears to be in good condition. B. West Elevation (Façade) The facade of California Bicentennial Home is somewhat symmetrical with two offset, 2- story pavilions separated by a central inset glass and timber entry. A second inset entry lies in the northwest corner of the west elevation. The distinctive stucco clad walls have decorative splayed leading edges imparting the impression of adobe buttresses commensurate with Garduno’s interpretation of Pueblo architecture (Plate VI Top). Fenestration comprises numerous, very large picture windows set nearly flush with the exterior walls. Casements are aluminum with wood accents (Plate VII Top). Decorative rock and tile treatments have been applied to the lower foundations and staircases. A rectangular swimming/reflection pool lies directly below the north half of the western façade and is also flanked by decorative stone tiles (Plate VI Bottom). The upper edges 7.2.b Packet Pg. 236 14 of the roof line have been configured to appear as parapets that contain protruding timbers topped with lattice that impart the look of Southwestern ramadas (Plate VIII Bottom). C. North Elevation This elevation is very nondescript. The second story of the elevation has a small sun porch that is surmounted by decorative, protruding timbers that impart the feel of a Southwestern ramada. Entry to the porch is from an aluminum slider; the porch railing is wood timber. Connected to the first story is a small room that appears to be an addition. It has a shed roof clad with fiberglass shingles. A window air conditioning unit protrudes from the wall (Plate VII Bottom). Other HVAC equipment also lies in an alcove on the north elevation. D. South Elevation The south elevation of the house contains the garage on the lower story and a large sun deck above. The two garages are separated by an angular buttress. Each garage has a metal roll- up door with decorative eyebrow lights. These doors are likely replacements for the original wood swing-up doors so prevalent in the 1960s/70s. The sun deck has a timber railing and a large beam and lattice ramada above. To the east of the porch, the stucco wall contains three, slit style, fixed pane windows (Plate VIII Top). E. East Elevation The east elevation of California Bicentennial Home comprises the street view. It is symmetrical in layout with a central entrance that is deeply inset and flanked by rock walls. The double entry door is decorative and fashioned from wood. Decorative electric lanterns flank the entry. A large post and beam “ramada” covers a portion of the entry approach (Plate IX Bottom). Outward appearance of the east elevation gives the building a “long and low” profile, one of the signatures of post WW II modern architecture. The upper reaches of walls just below the roof line are festooned with protruding beams giving the roof line the classic Southwestern look (Plate IX Top). Of all the elevations, Gardunos’s Pueblo effect seems to work best on this elevation. The lower portions of the east elevation walls are also partially inset. Piers of 7.2.b Packet Pg. 237 15 fieldstone at intervals along the bottom of the elevation contribute to the eclectic blend of elements. F. Bicentennial Home Landscaping As originally planned, California Bicentennial Home was fully landscaped with two kinds of turf and numerous native and non-native trees and plants (The Country 1970). Currently, the landscaping is somewhat nondescript neither adding to nor detracting from the overall street view appearance. In general, most of the trees and shrubbery need trimming. The olive, walnut and pepper trees are the most readily identifiable of the trees initially planted. VII. RESOURCE EVALUATION A. California Register of Historical Resources (CRHR) Evaluation California Bicentennial Home was evaluated for significance under criteria based on the California Environmental Quality Act (CEQA), as amended in 2015, which includes criteria for eligibility to the California Register of Historical Resources (CRHR). Resources eligible for listing include buildings, sites, structures, objects, or historic districts that retain historic integrity and are historically significant at the local, state or national level under one or more of the following four criteria: (1) It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States. (2) It is associated with the lives of persons important to local, California, or national history; (3) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values; or (4) It has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. Criterion 1 California Bicentennial Home is not associated with any event important in the regional history of California. Despite the marketing rhetoric in and attempt to link the house with California’s Bicentennial, the house was constructed for the sole purpose of promoting land 7.2.b Packet Pg. 238 16 development in what was to become an exclusive residential area. Therefore, it appears ineligible for the CRHR under Criterion 1. Criterion 2 Raúl Garduno is a noted southern California architect who worked in a niche market developing difficult hillside properties with very creative solutions. His most recognized work was in Los Angeles where he designed many outstanding and very unique hillside homes that survive today. Garduno is credited as being extremely innovative in some of his hillside designs. Therefore, it can be reasonably argued California Bicentennial Home is associated with the life of an individual important to local or California history. Therefore, California Bicentennial Home appears eligible for the CRHR under Criterion 2. Criterion 3 Architecturally, the intent of the design of California Bicentennial Home was to meld Southwest Pueblo style with Mid-Century Modern. There is no denying that the residence borrows heavily from Southwestern Pueblo with the use of the exposed beams/rafter tails, timber and lattice ramadas, flat parapet roof line, white stucco exterior and the faux adobe buttresses. But, it is not truly unique as Garduno borrowed heavily from other projects in the design of this house. The reflective pool and the timber and lattice ramadas are just two examples of elements Garduno used on other projects (Toland House and Hummel House, respectively). This is not the most recognized of Garduno’s designs. Specifically, the Franks House in the Crestwood Hills area of Brentwood is given far more weight when defining his career (Plate I Bottom, Plate II). Consequently, California Bicentennial Home does not appear eligible for the CRHR under Criterion 3. However, California Bicentennial Home is architecturally important at the local level, meriting special consideration in local planning. Criterion 4 It is unlikely California Bicentennial Home has the potential to yield any additional information pertinent to the history of the local area or the State of California or the nation. Therefore, it dos not appear eligible for the CRHR under Criterion 4. 7.2.b Packet Pg. 239 17 VIII. CONCLUSIONS AND RECOMMENDATIONS The results of the evaluation indicate that California Bicentennial Home appears eligible for the CRHR under Criterion 2 and considered locally important in the City of Diamond Bar under Criterion 3. No additional work in conjunction is recommended for California Bicentennial Home at this time. A copy of the DPR 523 series forms will be submitted to the South Central Coastal Information Center (SCCIC) at California State University, Fullerton. B. No Preservation Possible Preservation is always the preferred mitigative option when managing historic resources such as California Bicentennial Home. In the unlikely event that demolition of the residence is desired, then a mitigation program designed to reduce the level of the resource’s significance to a level of insignificance needs to be implemented. This can be achieved through a comprehensive recordation program known as a Historic American Building Survey (HABS) and companion document, a Historic American Engineering Record (HAER). This is a federal level mitigation program that is easily adjusted to the state and local levels. It is described in some detail in the following section. The need for the HABS/HAER program lies in the fact that California Bicentennial Home appears eligible for the CRHR under Criterion 2 and local designation under Criterion 3. Although current plans call for the preservation of the building, circumstance may arise is association with future development when preservation may not be desirable. In essence, the HABS/HAER comprises: 1) a series of high quality technical photographs of both the interior and exterior of the building, 2) the generation of scale drawings of one or more elevations, and 3) a more thorough written analysis of the building’s architecture and construction. Photo documentation for the project should be accomplished by using both 4" x 5" large format black & white photographs supplemented by medium format 2" x 2" color photographs and digital photographs. At a minimum, each elevation of the house will be photographed in the 4" x 5" format. Supplemental photographs utilizing the large and medium format media will be taken on an as needed basis. The archival processing and packaging of these prints should be in accordance with HABS specifications as closely as practical. Pen-and-ink scale drawings of the exterior of the residence will be generated as well as a basic floor plan of the house. Additionally, a separate, scaled site plan will be compiled. This 7.2.b Packet Pg. 240 18 drawing will show the relationship of the house to other features on the property. Where feasible, measurements for the drawings shall be taken by hand. Where hand measurements are impractical, they shall be made with the aid of a transit and figured trigonometrically. Measurements shall be initially recorded on large-scale field sketches which will later be used as the basis of the drawings. All drawings should be produced and processed as per HAER specifications. Supplemental research shall also be conducted on the building’s architecture and construction. That information will be compiled into an illustrated, narrative report. The format and packaging of the report shall conform to HAER specifications although coordination with the National Park Service is not recommended for a CEQA level HABS/HAER study. Supplemental research shall also be conducted on the building’s architecture and construction. When completed, the recommended mitigation measures as described above will have reduced the project impacts on historic resources to a level of less than significant with mitigation incorporated. 7.2.b Packet Pg. 241 19 REFERENCES CITED CITY OF DIAMOND BAR AND DIAMOND BAR HISTORICAL SOCIETY (Diamond Bar) 2014 Images of America: Diamond Bar. Arcadia Publishing, Charleston, North Carolina. (e-book) DESERT SUN 1967 “'House '66' Attracts Some 30,000 Visitors.” Sunday 24 March 1967: v.40/ # 199:17. http://cdnc.ucr.edu/cgi-bin/cdnc?a=d&d=DS19670324.2.141 (Stable URL accessed 5/17/16.) INDEPENDENT PRESS TELEGRAM 1970 “Country-Diamond Bar Exhibits Bicentennial Home”. 31 January,1970. HEAD, JEFFERY 2015 “1960s Silver Lake home retains aesthetic of architect Raul Garduno” Los Angeles Times February 21, 2015 http://www.latimes.com/home/hometours/la- hm-garduno-20150221-story.html Stable URL accessed March 9, 2016. HISTORIC RESOURCES GROUP 2013 Los Angeles Historic Resources Survey Report: Brentwood-Pacific Palisades Community Plan Area. Prepared for City of Los Angeles, Department of City Planning, and Office of Historic resources. Prepared by Historic Resources Group, Pasadena. LOCKE, MICHAEL 2014 “Raul Garduno, Architect 1935-2014” FLIKR Photo album and description: https://www.flickr.com/photos/michael_locke/sets/72157655440746461(Stable URL accessed 5/17/16.) MCALESTER, VIRGINIA AND LEE MCALESTER 1990 A Field Guide to American Houses. Alfred A. Knopf. New York. O’CONNER, PAULINE 2015 “Cantilevered 1960s Modern in Silver Lake by Raul Garduno asking 899K” Curbed Los Angeles Jun 27 2015. http://la.curbed.com/2015/6/27/9945484/cantilevered-1960s-modern-in-silver- lake-by-raul-garduno-asking-899k Stable URL accessed March 9, 2016 PROGRESS BULLETIN (POMONA, CALIFORNIA) 1969 “Diamond Bar Development to Provide 1,000 Sites”, May 25, 1969, Pg. 48. WHITE, LAURA S., ROBERT S. WHITE AND DAVID VAN HORN 2013 Historic Building Assessment For The Cerritos College 2011 Facilities Master Plan, Norwalk, Los Angles County. Unpublished manuscript on file with Archaeological Associates, Sun City 7.2.b Packet Pg. 242 20 Plate I. Top: Hillside house featured in Arts and Architecture, July 1962. Photo by Leland Yee. Bottom: Franks House illuminated at night. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). 7.2.b Packet Pg. 243 21 Plate II. Top: Oblique view of Franks House. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). Bottom: Upslope view of Franks House. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). 7.2.b Packet Pg. 244 22 Plate III. Top: Toland House, San Clemente. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). Bottom: Toland House, San Clemente. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). 7.2.b Packet Pg. 245 23 Plate IV. Top: Reflecting Pool at the Toland House. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). Bottom: Hummel House on foundation supports. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). 7.2.b Packet Pg. 246 24 Plate V. Top: Side view of Hummel House. © J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004.R.10). Bottom: Decorative roof elements used on Hummel House. © J. Paul Getty Trust.Getty Research Institute, Los Angeles (2004.R.10). 7.2.b Packet Pg. 247 25 Plate VI. Top: Oblique view (looking northeast) of the west elevation of California Bicentennial Home. Bottom: Southeasterly view of the north half of the west elevation (Note the reflecting pool/swimming pool similar to that used at the Toland House. 7.2.b Packet Pg. 248 26 Plate VII. Top: Northeasterly view of a portion of the west elevation of California Bicentennial Home showing picture window detail. Bottom: Southwesterly view of the north elevation (shed-roof extension at bottom appears to be an addition). 7.2.b Packet Pg. 249 27 Plate VIII. Top: South elevation of California Bicentennial Home showing garage entry, slit windows and second floor sun porch. Bottom: Decorative ramada roof treatment attached to the southwest house corner similar to those used on the Hummel House. 7.2.b Packet Pg. 250 28 Plate IX. Top: Oblique view looking northwest along the east elevation of California Bicentennial Home. Bottom: Main entryway centrally located on the east elevation flanked by rock walls. 7.2.b Packet Pg. 251 7.2.b Packet Pg. 252 7.2.b Packet Pg. 253 7.2.b Packet Pg. 254 7.2.b Packet Pg. 255 7.2.b Packet Pg. 256 7.2.b Packet Pg. 257 7.2.b Packet Pg. 258 7.2.b Packet Pg. 259 7.2.b Packet Pg. 260 7.2.b Packet Pg. 261 7.2.b Packet Pg. 262 7.2.b Packet Pg. 263 7.2.b Packet Pg. 264 7.2.b Packet Pg. 265 7.2.b Packet Pg. 266 7.2.b Packet Pg. 267 7.2.b Packet Pg. 268 7.2.b Packet Pg. 269 7.2.b Packet Pg. 270 7.2.b Packet Pg. 271 7.2.b Packet Pg. 272 7.2.b Packet Pg. 273 7.2.b Packet Pg. 274 7.2.b Packet Pg. 275 7.2.b Packet Pg. 276 7.2.b Packet Pg. 277 7.2.b Packet Pg. 278 7.2.b Packet Pg. 279 7.2.b Packet Pg. 280 7.2.b Packet Pg. 281 7.2.b Packet Pg. 282 7.2.b Packet Pg. 283 7.2.b Packet Pg. 284 7.2.b Packet Pg. 285 7.2.b Packet Pg. 286 7.2.b Packet Pg. 287 7.2.b Packet Pg. 288 7.2.b Packet Pg. 289 7.2.b Packet Pg. 290 7.2.b Packet Pg. 291 7.2.b Packet Pg. 292 2 4 .0 0'25.00 '25 .00'6 .0 0'49.02'90.00'139.02'N 62°44'59" EWFEDGE AC CONC. FLOW LI NEEDGE ACAC FLOW LI NEEDGE ACCLAC PVMT.AC PVMT.L=89.84'R =432.00'L=66.70'L =61.76'R =400.00'P /L139.02'N 62°44'59" E L=97.66'R =400.00'P /L AC PVMT.AC PVMT.90.00'P/L P /L49.02'N 62°44'59" E49.02'R =432.00'L=1 05.47'= 8°50'47"= 8°50'47"= 1 3°59'1 8"= 1 3°59'1 8"= 1 3°59'1 8"14 .0 0 '14 .0 0 ' 2 6 0 . 6 8 ' 2 4 4 . 5 0 ' N 5 0 ° 3 0 ' 0 6 " E 7 5 . 9 2 ' S 6 4 °3 8 '4 9 " W 15 2 .6 9 ' P / L N 3 4 ° 5 4 ' 2 0 " E W V F H W M 1 0 " 1 0 " 1 0 " 1 0 " 1 0 " 1 0 " 1 0 " 1 2 " C / B E X . H O U S E P / A P / A P / A P / A P / A P / A P / A P / A W A L K W A Y P O O L P A D P V M T . P V M T . R W R W R W D W Y . D W Y . D W Y . D W Y . D / A A C P V M T . A C F L O W LI N E E D G E A C A C F L O W L I N E E D G E A C W F W F W F P / L D W Y . D W Y . D W Y . L = 7 2 . 7 2 ' A C P V M T . A C P V M T . A C P V M T . N 4 5 ° 4 8 ' 2 0 " E 4 4 . 0 0 ' EX. HOUSE (NEIGHBOR) T O R E M A I N T O R E M A I N E X . A C C E S S O R Y S T R U C T U R E EX. HOUSE(NEIGHBOR)EX. HO U S E (NEIGH B O R ) 50 .00'42.52'8 .2 5'8.43' 18.18' 50.91' EX. P O O L ( N E I G H B O R ) EX. POOLHOUSE (NEI GHBOR)EX. HOUS E (NEIGHBO R ) 14.00'14.00'P R IVATE ROADANDFIRELANE 2 2 7 0 2 T I M B E R T O P L A N E , 2 4 4 . 5 0 ' L E G A L D E S C R I P T I O N O W N E R : S I T E A D D R E S S : T E N T A T I V E P A R C E L M A P N O . 7 2 0 3 5 D R A W N B Y : _ _ _ _ C H E C K B Y : _ _ _ _ S C A L E : 1 " = 2 0 ' D R A W I N G N O . 1 5 0 9 1 9 D A T E : 1 1 / 8 / 2 0 1 6 2 O F 2 T E L : ( 9 0 9 ) 8 6 0 - 2 8 8 8 U S A R O N G C H E N D E V E L O P M E N T , I N C . D I A M O N D B A R , C A 9 1 7 6 5 L O T 1 3 0 O F T R A C T N O . 3 0 5 7 8 , I N T H E C I T Y O F D I A M O N D B A R , C O U N T Y O F L O S A N G E L E S , S T A T E O F C A L I F O R N I A , A S P E R M A P R E C O R D E D I N B O O K 7 8 5 P A G E S 1 - 2 5 O F M A P S , I N T H E O F F I C E O F T H E C O U N T Y R E C O R D E R O F S A I D C O U N T Y . E X. W A T E R L A T E R A L 1 0 ' 10 ' E E E E E E 2 6 0 . 6 8 ' 2 0 ' 28.34' 5 2.7 7' 1 6 7 . 5 7 ' 8 7 . 0 8 ' 30.29' FRONTAGE 133.58'FRONTAGE 1 61.65'37 .84' E 3 E 3 26.72' 5.30' 70.77'71.77' 37.83'23.71' L O T C O V E R A G E : P A R C E L 2 : P A R C E L 1 : P A R C E L 3 : G R O S S : 6 4 , 2 9 7 S F L O T C O V E R A G E A R E A : 8 , 7 6 0 S F G R O S S : 6 5 , 3 2 6 S F ( 1 . 5 0 0 A C ) G R O S S : 5 3 , 5 8 0 S F ( 1 . 2 3 0 A C ) L O T C O V E R A G E : 8 , 7 6 0 S F / 6 4 , 2 9 7 S F = 1 3 . 6 % L O T C O V E R A G E A R E A : 6 , 7 3 0 S F L O T C O V E R A G E : 6 , 7 3 0 S F / 6 5 , 3 2 6 S F = 1 0 . 3 % L O T C O V E R A G E A R E A : 6 , 2 0 8 S F L O T C O V E R A G E : 6 , 2 0 8 S F / 5 3 , 5 8 0 S F = 1 1 . 6 % F I R E L A N E (C L E A R T O SKY)FIRE LANE (CLEAR TO SKY) N O T E : A L L W A L L S S H A L L B E F I N I S H E D W I T H A S T U C C O T O M A T C H T H E H O U S E O R B E O F D E C O R A T I V E M A T E R I A L S U C H A S S P L I T F A C E . FIRELANE ACCESS DISTANCE115'FIRELANE ACCESS DISTANCE135' FIRELANE ACCESS DISTANCE 1 4 0 ' 1 43'FIRELANE ACCESS DISTANCE II II I II V FI RE ACCESS NOTES:ALL WEATHER FI RE ACCESSES I , I I , I I I & I V SHALL BE I NSTALLED AND MADE SERVI CEABLE PRI OR TO AND DURI NG THE TI ME OF CONSTRUCTI ON. ACCESS ROAD CONSTRUCTI ON SHALL BE GOVERNED BY THE COUNTY OF LOS ANGELES DEPARTMENT OF PUBLI C WORKS.20'20'20'2 0 '32.41'OPEN TO SKY OPEN T O SKY 7.2.c Packet Pg. 293 3 2 7 . 8 4 ' 2 6 0 . 6 8 ' 2 4 4 . 5 0 ' N 5 0 ° 3 0 ' 0 6 " E 7 5 . 9 2 ' S 2 4 ° 0 4 ' 1 9 " W 1 4 7 . 3 6 ' S 6 4 °3 8 '4 9 " W 15 2 .6 9 ' 112.8 4 ' 1 4 7 . 8 9 ' P / L N 3 4 ° 5 4 ' 2 0 " E W V F H E P B W M 1 0 " 1 0 " 1 0 " 1 0 " 1 0 " 1 0 " 1 0 " 1 2 " C / B E X . H O U S E P / A P / A P / A P / A P / A P / A P / A P / A W A L K W A Y P O O L P A D P V M T . P V M T . R W R W R W D W Y . D W Y . D W Y . D W Y . D / A A C P V M T . A C F L O W LI N E E D G E A C A C F L O W L I N E E D G E A C W F W F W F 2 6 0 . 7 3 ' P / L D W Y . D W Y . D W Y . R = 4 4 . 0 0 ' L = 7 2 . 7 2 ' A C P V M T . A C P V M T . N 4 5 ° 4 8 ' 2 0 " E 4 4 . 0 0 ' N 6 9 ° 0 7' 0 5 " W ( B A S I S O F B E A R I N G ) 5 8 ' EX. HOUSE (NEIGHBOR) 2 9 ' T O R E M A I N 85.15'S 18°18'20" E ( 5 9 9 . 1 7 ) ( 6 0 3 . 2 9 ) ( 6 0 2 . 1 8 ) ( 6 0 1 . 8 3 ) ( 6 0 2 . 3 6 ) ( 6 0 2 . 5 7 ) ( 6 0 2 . 6 1 ) ( 6 0 2 . 4 5 ) ( 6 0 2 . 7 3 ) ( 6 0 1 . 8 6 ) (602.55) SM H ( 6 0 2 . 7 5 ) ( 6 0 2 . 3 1 ) ( 6 0 2 . 2 6 ) ( 6 0 2 . 0 2 ) ( 6 0 1 . 9 4 ) ( 6 0 1 . 9 0 ) ( 6 0 1 . 6 9 ) ( 6 0 1 . 4 1 ) ( 6 0 2 . 6 5 ) ( 6 0 2 . 5 9 ) ( 6 0 2 . 9 8 ) ( 6 0 2 . 5 7 ) ( 6 0 2 . 9 5 ) ( 6 0 2 . 6 3 ) ( 6 0 2 . 1 9 ) ( 6 0 1 . 8 3 ) ( 5 9 5 . 9 9 ) ( 5 9 5 . 3 7 ) ( 6 0 2 . 1 1 ) ( 5 9 8 . 3 9 ) ( 5 9 6 . 1 3 ) ( 5 9 5 . 9 0 ) ( 5 9 4 . 2 9 ) ( 5 8 9 . 8 2 ) ( 5 8 6 . 5 8 ) ( 5 9 1 . 8 0 ) ( 5 9 3 . 8 4 ) ( 6 0 0 . 3 8 ) ( 5 9 9 . 2 3 ) ( 5 9 9 . 4 1 ) ( 6 0 0 . 5 5 ) ( 6 0 1 . 0 8 ) ( 6 0 0 . 7 3 ) ( 6 0 3 . 0 3 ) ( 6 0 3 . 7 8 ) ( 6 0 3 . 0 7 ) ( 5 8 8 . 7 0 ) ( 6 0 1 . 8 7 ) ( 6 0 1 . 5 2 ) ( 6 0 3 . 4 6 ) ( 6 0 3 . 5 1 ) ( 6 0 2 . 8 9 ) ( 6 0 1 . 2 4 ) (600.44) ( 6 0 0 . 4 1 ) ( 6 0 0 . 5 8 ) ( 5 9 8 . 7 0 ) ( 5 9 8 . 6 9 ) ( 5 9 9 . 9 3 ) ( 5 9 8 . 2 9 ) ( 5 9 9 . 9 2 ) ( 5 9 8 . 6 5 ) ( 5 9 7 . 0 9 ) ( 5 9 7 . 5 9 ) ( 5 9 6 . 9 0 ) ( 5 9 6 . 4 8 ) ( 5 9 7 . 7 6 ) ( 5 9 7 . 6 9 ) ( 5 9 5 . 5 2 ) ( 5 9 3 . 2 7 ) ( 5 9 5 . 5 8 ) ( 5 9 5 . 1 1 ) ( 5 9 3 . 6 9 ) ( 5 8 6 . 6 3 ) ( 5 9 9 . 6 7 ) ( 6 0 2 . 7 0 ) ( 6 0 2 . 2 4 ) ( 6 0 0 . 4 8 ) ( 6 0 0 . 0 9 ) ( 6 0 1 . 8 6 ) ( 6 0 0 . 7 5 ) ( 5 9 9 . 3 0 ) ( 6 0 1 . 7 4 ) ( 6 0 3 . 3 5 ) ( 5 9 7 . 2 2 ) ( 5 9 7 . 0 6 ) (597.16) ( 5 9 6 . 9 6 ) ( 5 9 6 . 5 0 ) ( 5 9 6 . 4 5 ) ( 5 9 5 . 2 7 ) ( 5 9 3 . 3 8 ) ( 5 9 2 . 0 8 ) ( 5 9 2 . 2 7 ) ( 5 9 6 . 7 3 ) ( 5 9 6 . 6 4 ) ( 5 9 6 . 2 7 ) ( 5 9 4 . 3 7 ) ( 5 9 3 . 9 7 ) ( 5 8 9 . 6 7 ) ( 5 8 7 . 1 9 ) ( 5 8 5 . 0 5 ) ( 5 7 9 . 3 4 ) ( 5 8 2 . 0 7 ) ( 5 6 7 . 2 7 ) ( 5 6 8 . 9 6 ) ( 5 6 8 . 5 6 ) ( 5 7 4 . 0 2 ) ( 5 7 4 . 5 0 ) ( 5 7 4 . 1 9 ) ( 5 7 2 . 3 7 ) ( 5 7 3 . 6 7 ) ( 5 6 8 . 6 1 ) ( 5 6 7 . 7 5 ) ( 5 6 6 . 8 5 ) ( 5 6 8 . 1 9 ) ( 5 6 9 . 3 6 ) ( 5 6 7 . 3 3 ) ( 5 7 3 . 2 8 ) ( 5 7 5 . 3 5 ) ( 5 7 8 . 4 1 ) ( 5 8 0 . 7 4 ) ( 5 8 5 . 4 6 ) ( 5 8 8 . 0 1 ) ( 5 8 7 . 3 5 ) ( 5 9 5 . 5 3 ) ( 5 6 6 . 8 4 ) ( 5 6 6 . 8 3 ) ( 5 6 6 . 8 5 ) ( 5 5 1 . 9 4 ) ( 5 4 5 . 5 4 ) ( 5 4 7 . 1 5 ) ( 5 3 5 . 0 7 ) ( 5 3 0 . 1 6 ) ( 5 2 9 . 4 9 ) ( 5 3 5 . 5 5 ) ( 5 4 2 . 0 0 ) ( 5 9 5 . 5 3 ) ( 5 7 5 . 0 8 ) ( 5 6 7 . 6 2 ) ( 5 6 7 . 1 3 ) ( 5 6 7 . 1 2 ) ( 5 6 6 . 6 9 ) ( 5 6 6 . 2 9 ) ( 5 4 8 . 3 6 ) ( 5 5 2 . 1 2 ) ( 5 2 9 . 5 5 ) ( 5 5 0 . 9 6 ) ( 5 5 1 . 9 1 ) ( 5 4 1 . 1 8 ) ( 5 3 0 . 2 3 ) ( 5 2 0 . 7 0 ) ( 5 1 4 . 1 5 ) ( 5 4 5 . 6 4 ) ( 5 4 8 . 5 9 ) ( 5 6 2 . 7 1 ) ( 5 7 2 . 2 2 ) ( 5 8 3 . 7 0 ) ( 5 3 5 . 4 8 ) ( 5 0 9 . 5 4 ) ( 5 6 9 . 9 3 ) ( 5 9 3 . 7 4 ) ( 5 9 2 . 4 7 ) ( 5 9 1 . 0 7 ) (595.05) ( 5 9 5 . 2 5 ) (594.97) ( 5 9 1 . 2 2 ) ( 5 9 1 . 2 1 ) ( 5 9 1 . 2 0 ) ( 5 9 1 . 1 7 ) ( 5 9 1 . 0 9 ) (593.58)(596.12) ( 5 9 7 . 4 6 ) ( 5 9 0 . 9 4 ) ( 5 9 0 . 9 4 ) ( 5 8 9 . 7 7 ) ( 5 8 9 . 6 9 ) ( 5 8 9 . 8 2 ) ( 5 9 0 . 5 2 ) ( 5 9 0 . 5 2 ) ( 5 9 0 . 4 3 ) ( 5 9 0 . 8 1 ) ( 5 5 4 . 5 0 ) ( 5 6 4 . 1 5 ) ( 5 8 3 . 9 1 ) ( 5 6 8 . 8 4 ) (523.07)(521.38)(522.64)(523.78)(518.54)(517.55)(516.95)(524.72)(529.36)(546.22)(547.39) ( 5 7 0 . 7 3 ) ( 5 7 2 . 2 0 ) (533.98) ( 5 6 5 . 2 6 ) ( 5 5 1 . 2 2 ) ( 5 3 3 . 7 9 ) (528.45) ( 5 2 5 . 6 2 ) ( 5 1 2 . 3 6 ) (534.36)(501.73)(498.79)(498.49)(497.11)(496.93)(500.25)(500.84)(503.28)(502.50)(506.12)(507.57)(511.40)(510.44)(510.56)(510.38)(507.66) ( 5 7 0 . 9 5 ) ( 5 7 3 . 2 2 ) ( 5 1 6 . 2 3 ) ( 5 2 2 . 3 4 ) ( 5 2 7 . 1 9 ) ( 5 3 3 . 1 9 ) ( 5 4 1 . 8 3 ) N 3 9 ° 2 9 ' 5 4 " W P / L P/L N 18°16'47" W139.02'N 62°44'59" E N 3 4 ° 5 4 ' 2 0 " E 4 0 4 . 3 6 ' N 21°02'45" W 5 0 5 . 1 8 ' N 18°16'47" W119.40' W V F H 3 0 " 3 6 " 3 0 " 3 0 " 2 4 " 2 4 " 2 4 " E P B W M 2 4 " C / B C / B C / B C / B 1 0 " 1 0 " 1 0 " 1 0 " 1 0 " 1 0 " 1 0 " 1 2 " 1 5 " 1 5 " 1 5 " 1 0 " 2 0 " 2 4 " 3 6 " 2 4 " 2 4 " 2 4 " 2 4 " 2 4 " 2 4 " 2 4 " 2 4 " 2 4 " 2 4 " 2 4 " 2 4 " 24"24" 2 4 " 24"WVFH C / B (521.38) SMH(5 0 0 .12 ) S M H F F FF (598.75) C / B ( 5 2 0 . 0 2 ) E X . H O U S E P / A P / A P / A P / A P / A P / A P / A P / A W A L K W A Y W ALK W AY P O O L P A D P V M T . P V M T . R W R W R W D W Y . D W Y . D W Y . D W Y . D / A A C P V M T . A C P V M T . A C F L O W LI N E E D G E A C A C F L O W L I N E E D G E A C E X . W F EX. WFEX. WF WFo o ooo o o o o o o o o o o E X W F T B R WFWFWF W F W F E X . A C C E S S O R Y S T R U C T U R E W F W F AC FLOW LINE EDGE AC EDGE AC CONC. FLOW LINE CONC. FLOW LI NEEDGE ACAC FLOW LI NEEDGE ACLAZY MEADOW DRIVE C LAC PVMT.AC PVMT. 2 6 0 . 7 3 ' 149..45'L=89.84'R =432.00'L=66.70'P/L P / L P / L D W Y . D W Y . D W Y . R = 4 4 . 0 0 ' L = 7 2 . 7 2 ' A C P V M T . A C P V M T . A C P V M T . N 18°24'14" W 32.00' N 4 5 ° 4 8 ' 2 0 " E 4 4 . 0 0 ' 32.00'L=61.76'R =400.00'P /L139.02'N 62°44'59" E L=97.66'R =400.00'P /L N 6 9 ° 0 7' 0 5 " W ( B A S I S O F B E A R I N G ) 5 8 ' 6 4'32'32'AC PVMT.AC PVMT.6 4'32'32'90.00'P/L P /L49.02'64.00'32.00'32.00'N 62°44'59" E49.02'R =432.00'L=1 05.47'= 8°50'47"= 8°50'47"= 1 3°59'1 8"= 1 3°59'1 8"= 1 3°59'1 8" EX. HOUSE (NEIGHBOR) EX. POOL (NEIGHBOR)EX. POOL HOUSE (NEI GHBOR)EX. HOUSE (NEIGHBOR)EX. HOUSE (NEIGHBOR)EX . 2 9 ' 2 9 ' T O R E M A I N EX. HOUSE (NEIGHBOR) 2 2 7 0 2 T I M B E R T O P L A N E , 50.00' WIDE FUTURE STREET PER TRACT NO. 30578, M.B. 785/1-25.SLOPE EASEMENT TO THE COUNTY OF LOS ANGELES FOR SLOPE PURPOSES, PER TRACT NO. 30578, M.B.785/1-25. 1 9 2 . 7 3 ' L E G A L A C C E S S N O T E : T H E L A N D O F T H I S P A R C E L M A P H A V E L E G A L A C C E S S : 1 ) P A R C E L 1 T H R O U G H T I M B E R T O P L A N E , B L A Z E T R A I L , L A Z Y M E A D O W D R , A L A M O H E I G H T S , S T E E P L E C H A S E L N , S H A D O W C A N Y O N ( A L L P R I V A T E S T R E E T S ) T O P U B L I C S T R E E T D I A M O N D B A R B L V D . I N G R E S S A N D E G R E S S R I G H T S T O A N D F R O M T H E E A S E M E N T F O R P A R C E L 1 S H A L L B E M A I N T A I N E D B Y B O T H P A R T I E S . 2 ) P A R C E L S 2 A N D 3 T H R O U G H L A Z Y M E A D O W D R , A L A M O H E I G H T S , S T E E P L E C H A S E L N , S H A D O W C A N Y O N ( A L L P R I V A T E S T R E E T S ) T O P U B L I C S T R E E T D I A M O N D B A R B L V D . T H E A C C E S S I S E S T A B L I S H E D A N D G R A N T E D V I A L A Z Y M E A D O W D R I V E B Y T H E H O M E O W N E R S A S S O C I A T I O N . Z O N E ( P R O P O S E D ) : R 1 - 2 0 0 0 0 * ( R R ) E X S I T N G T O T A L A R E A : G R O S S : 1 8 3 , 2 0 3 S F ( 4 . 2 0 6 A C ) N E T : 1 6 5 , 1 4 0 S F ( 3 . 7 9 1 A C ) W A L N U T V A L L E Y W A T E R D I S T R I C T 1 - 8 8 8 - 8 9 2 - 2 2 5 3 1 - 8 0 0 - 4 8 3 - 4 0 0 0 T I M E W A R N E R C A B L E V E R I Z O N 1 - 6 2 6 - 9 6 4 - 6 5 5 1 ( 5 6 2 ) 9 0 8 - 4 2 9 9 W A T E R : T H E S A N I T A T I O N D I S T R I C T S O F S O T H E R N C A L I F O R N I A G A S C O M P A N Y 1 - 8 0 0 - 6 5 5 - 4 5 5 5 1 - 8 0 0 - 4 2 7 - 2 2 0 0 L O S A N G E L E S C O U N T Y S O U T H E R N C A L I F O R N I A E D I S O N C A B L E : T E L E P H O N E : S E W A G E : G A S : E L E C T R I C I T Y : Z O N E ( P R E S E N T ) : R 1 - 2 0 0 0 0 * ( R R ) P R O J E C T : D I A M O N D B A R , C A 9 1 7 6 5 3 P A R C E L S S U B D I V I S I O N @ P A R C E L 2 : P A R C E L 1 : P A R C E L / H O U S E D A T A : U S A R O N G C H E N D E V E L O P M E N T , I N C . T E L : ( 9 0 9 ) 8 6 0 - 2 8 8 8 E M A I L : C F Y O N G @ A R C H R E F I N E D . C O M 8 7 1 3 - 0 2 8 - 0 1 2 L A N D S U R V E Y O R O W N E R : A S S E S S O R P A R C E L N O : M A H M O U D K H A L I L I S A M A N I , L . S . 8 7 6 6 T R I T E C H E N G I N E E R I N G A S S O C I A T E S , I N C . 1 3 5 N . S A N G A B R I E L B L V D , S A N G A B R I E L , C A 9 1 7 7 5 T E L : ( 6 2 6 ) 5 7 0 - 1 9 1 8 F A X : ( 6 2 6 ) - 7 3 7 8 7 8 6 E T W . . . . . . . . . . . . . E d g e o f T r a v e l e d W a y W V . . . . . . . . . . . . W a t e r V a l v e C O N C . . . . . . C o n c r e t e C L F . . . . . . . . . . . C h a i n L i n k e d F e n c e D / A . . . . . . . . . . . D r i v e w a y A p p r o n D W Y . . . . . . . . . . . D r i v e w a y A C . . . . . . . . . . . . . A s p h a l t C o n c r e t e E P . . . . . . . . . . . . . E d i s o n P o l e A B B R E V I A T I O N S : L E G E N D : 2 9 5 - - X - - X - - F F . . . . . . . . . . . . . F i n i s h F l o o r E l e v a t i o n T C . . . . . . . . . . . . . T o p o f C u r b E l e v a t i o n T W . . . . . . . . . . . . . T o p o f W a l l E l e v a t i o n F L . . . . . . . . . . . . . F l o w L i n e E l e v a t i o n F H . . . . . . . . . . . . . F i r e H y d r a n t P W . . . . . . . . . . . . P l a n t W a l l R W . . . . . . . . . . R e t a i n i n g W a l l W M . . . . . . . . . . . . W a t e r M e t e r 2 9 5 . 0 1 . . . . . E x i s t i n g E l e v a t i o n . . . . . . E x . G r o u n d C o n t o u r L i n e . . . . . . . C h a i n L i n k F e n c e . . . . . . E x . S t r u c t u r e E X . . . . . . . . . . . . . E x i s t i n g . . . . . . . . . E X . R E T A I N I N G W A L L . . . . . . . . . E X . M A N H O L E . . . . . . . . . E x . T r e e , . . . . . . . . . . . . S t r e e t L i g h t . . . . . . . . . . . . . F i r e H y d r a n t . . . . . . . . . . G u y w i r e . . . . . . . . . . . . . E d i s o n P o l e L E G A L D E S C R I P T I O N O W N E R : S I T E A D D R E S S : T E N T A T I V E P A R C E L M A P N O . 7 2 0 3 5 D R A W N B Y : _ _ _ _ C H E C K B Y : _ _ _ _ S C A L E : 1 " = 3 0 ' D R A W I N G N O . 1 5 0 9 1 9 D A T E : 1 1 / 8 / 2 0 1 6 1 O F 2 T E L : ( 9 0 9 ) 8 6 0 - 2 8 8 8 U S A R O N G C H E N D E V E L O P M E N T , I N C . D I A M O N D B A R , C A 9 1 7 6 5 L O T 1 3 0 O F T R A C T N O . 3 0 5 7 8 , I N T H E C I T Y O F D I A M O N D B A R , C O U N T Y O F L O S A N G E L E S , S T A T E O F C A L I F O R N I A , A S P E R M A P R E C O R D E D I N B O O K 7 8 5 P A G E S 1 - 2 5 O F M A P S , I N T H E O F F I C E O F T H E C O U N T Y R E C O R D E R O F S A I D C O U N T Y . 2 2 7 0 2 T I M B E R T O P L A N E , P A R C E L 3 : E X . 8 " A C P W A T E R M A I N L I N E E X. W A T E R L A T E R A L E X . 8 " V . C . P. S E W E R M A I N LI N E 3 ' 3 ' E 1 E A S E M E N T N O T E : E 1 3 F E E T W I D E E A S E M E N T O F G E N E R A L T E L E P H O N E C O M P A N Y O F C A L I F O R N I A , A C O R P O R A T I O N , F O R T H E T R A N S M I S S I O N O F E L E C T R I C E N E R G Y F O R C O M M U N I C A T I O N A N D O T H E R P U R P O S E S , B Y D O C U M E N T R E C O R D E D J U N E 1 2 , 1 9 6 9 A S I N S T R U M E N T N O . 2 2 9 4 , I N B O O K D - 4 4 0 0 , P A G E 8 , O . R . 3 ' E 2 E 2 V A R I A B L E W I D T H M U T U A L L Y E X C L U S I V E E A S E M E N T F O R I N G R E S S A N D E G R E S S P U R P O S E S , B Y D O C U M E N T R E C O R D E D A U G 1 , 1 9 7 9 , A S I N S T R U M E N T N O . 7 9 - 8 4 8 0 3 5 , O . R . 1 0 ' 1 1 E 3 1 0 F E E T W I D E E A S E M E N T O F S O U T H E R N C A L I F O R N I A E D I S O N C O M P A N Y , F O R P U B L I C U T I L I E S P U R P O S E S , B Y D O C U M E N T R E C O R D E D M A R C H 1 2 , 1 9 7 0 , A S I N S T R U M E N T N O . 2 1 2 4 , O . R . E 4 5 0 . 0 0 ' W I D E F U T U R E S T R E E T P E R T R A C T N O . 3 0 5 7 8 , M . B . 7 8 5 / 1 - 2 5 T O B E V A C A T E D P E R S E P A R A T E D O C U M E N T . S L O P E E A S E M E N T T O T H E C O U N T Y O F L O S A N G E L E S F O R S L O P E P U R P O S E S , P E R T R A C T N O . 3 0 5 7 8 , M . B . 7 8 5 / 1 - 2 5 T O B E V A C A T E D P E R S E P A R A T E D O C U M E N T . E 5 1 V A R I A B L E W I D T H M U T U A L L Y E X C L U S I V E R E S E R V E E A S E M E N T F O R I N G R E S S A N D E G R E S S P U R P O S E S , B Y D O C U M E N T R E C O R D E D A U G 1 , 1 9 7 9 , A S I N S T R U M E N T N O . 7 9 - 8 4 8 0 3 6 , O . R . 5 ' E X . 14 " A CP W A T E R M A I N L I N E E E E E E E E E X . E L E C T R I C I T Y LI N E 2 ' E E E T &CEE E E E E E E E E E E E E2'2'EX . E L ECT RI CI T Y L I N E A V E R A G E S L O P E O F P R O P E R T Y B E F O R E G R A D I N G 3 1 % S L O P E = 0 . 0 0 2 9 6 x I L A = 0 . 0 0 2 9 6 x 5 x 2 6 8 1 1 . 2 8 3 1 % = A V E R A G E S L O P E : 1 2 ' E X P . 1 2 / 3 1 / 1 6 L S 8 7 6 6 G R O U N D F L O O R L I V I N G A R E A = 5 , 1 5 0 S F S E C O N D F L O O R L I V I N G A R E A = 4 , 2 1 0 S F T O T A L L I V I N G A R E A = 1 0 , 9 8 0 S F B A S E M E N T A R E A = 1 , 6 2 0 S F ( E X I S T I N G H O U S E S A N S S T R U C T U R E S T O R E M A I N ) P R O P O S E D H O U S E : P R O P O S E D H O U S E : G R O U N D F L O O R L I V I N G A R E A = 3 , 8 6 8 S F S E C O N D F L O O R L I V I N G A R E A = 2 , 5 9 8 S F T O T A L L I V I N G A R E A = 7 , 8 8 6 S F B A S E M E N T A R E A = 1 , 4 2 0 S F P A R C E L 2 A V E R A G E S L O P E O F P R O P E R T Y B E F O R E G R A D I N G 3 4 % S L O P E = 0 . 0 0 2 9 6 x I L A = 0 . 0 0 2 9 6 x 5 x 2 2 9 7 1 . 0 0 3 4 % = P A R C E L 3 C U T C . Y . ; F I L L C . Y . . E A R T H W O R K Q U A N T I T I E S : T O T A L C . Y . ; E X P O R T C . Y . . 0 0 0 0 P A R C E L 1 C U T C . Y . ; F I L L C . Y . . T O T A L C . Y . ; E X P O R T C . Y . . 4 , 2 7 0 . 1 3 4 , 6 0 5 . 1 5 3 3 5 . 0 2 4 , 9 4 0 . 1 7 P A R C E L 2 C U T C . Y . ; F I L L C . Y . . T O T A L C . Y . ; E X P O R T C . Y . . 1 1 , 4 3 9 . 4 5 1 1 , 4 3 9 . 4 5 0 1 1 , 4 3 9 . 4 5 P A R C E L 3 C U T A N D F I L L A M O U N T I S E S T I M A T E D O N L Y . A C T U A L L Y A M O U N T M A Y V A R Y D U E T O O T H E R U N K N O W N F A C T O R S . ( S I T E C O N D I T I O N , S O I L E N G I N E E R ' S R E C O M M E N D A T I O N ) 2 0 ' 1 6 ' 28.34' A V E R A G E P A R C E L W I D T H : P A R C E L 1 N O W I D T H P A R C E L 2 P A R C E L 3 1 4 1 ' 1 4 4 ' 1 6 5 ' T &CT &C E T &C T &C T &C T &C T &CEX. S E W ER M A I N L I N EGGGGGG G G GEX. GA S L I N EEX. T E L & CA BEL L I N EUTILITY NOTE:UTILITY LINE LOCATION NEEDS TO BE VERIFIED BY CONTRACTOR. . . . . . . . . . E x . T r e e T o B e R e m o v e d 1 4 ' 1 2 ' G R O S S : 6 4 , 2 9 7 S F ( 1 . 4 7 6 A C ) N E T : 6 0 , 5 5 7 S F ( 1 . 3 9 0 A C ) N E T : 6 0 , 3 8 8 S F ( 1 . 3 8 6 A C ) G R O S S : 6 5 , 3 2 6 S F ( 1 . 5 0 0 A C ) N E T : 4 4 , 1 9 5 S F ( 1 . 0 1 5 A C ) G R O S S : 5 3 , 5 8 0 S F ( 1 . 2 3 0 A C ) E4E5 1 0 3 . 8 6 ' T H E P R O P O S E D V A C A T I O N P R O C E S S O F T H E F U T U R E S T R E E T A N D S L O P E P U R P O S E S E A S E M E N T S W I L L B E C O N D U C T E D C O N C U R R E N T L Y W I T H T H E P R O C E S S I N G O F T H E T E N T A T I V E P A R C E L M A P . T H I S V A C A T I O N W I L L R E Q U I R E R E V I E W A N D A P P R O V A L O F T H E L E G A L D E S C R I P T I I O N S , N O T I F I C A T I O N T O U T I L I T Y C O M P A N I E S O F T H E P R O P O S E D V A C A T I O N A N D C I T Y C O U N C I L A P P R O V A L . D E P T H 3 9 6 ' 3 7 8 ' 3 0 3 ' 10' E3 E 3 E3 10.00' P R O P O S E D / C O N C E P T U A L E 2 E4E5 7.2.c Packet Pg. 294 7.2.c Packet Pg. 295 7.2.c Packet Pg. 296 7.2.d Packet Pg. 297 7.2.d Packet Pg. 298 7.2.d Packet Pg. 299 7.2.d Packet Pg. 300 7.2.d Packet Pg. 301 7.2.d Packet Pg. 302 7.2.d Packet Pg. 303 7.2.d Packet Pg. 304 7.2.d Packet Pg. 305 7.2.d Packet Pg. 306 7.2.d Packet Pg. 307 7.2.e Packet Pg. 308 7.2.e Packet Pg. 309 7.2.e Packet Pg. 310 7.2.e Packet Pg. 311 7.2.e Packet Pg. 312 7.2.e Packet Pg. 313 7.2.e Packet Pg. 314 7.2.e Packet Pg. 315 7.2.e Packet Pg. 316 7.2.e Packet Pg. 317 7.2.e Packet Pg. 318 7.2.e Packet Pg. 319 7.2.e Packet Pg. 320 7.2.f Packet Pg. 322 7.2.f Packet Pg. 323 7.2.f Packet Pg. 324 7.2.f Packet Pg. 325 7.2.f Packet Pg. 326 7.2.f Packet Pg. 327 7.2.f Packet Pg. 328 7.2.g Packet Pg. 329 7.2.h Packet Pg. 330 7.2.h Packet Pg. 331 3016 E. Colorado Boulevard, #5626 Pasadena California 91117 626. 422. 0351 office 626. 664. 5003 cell milan@maxsumdevelopment.com milanlgarrison@gmail.com June 2, 2016 VIA E-MAIL (liz.asato@seabreezemgmt.com) The Country Estates Association Ms. Liz Asato, Assistant General Manager/Architectural Coordinator 22615 Lazy Meadow Drive Diamond Bar, California 91765 RE: 22702 Timbertop Lane, Diamond Bar, CA 91765 Subject: Response to the Country Estates Association letter of May 2, 2016 for Tentative Parcel Map No. PL 2016- 01 (Three Lot Subdivision) Ms. Asato: On behalf of the property owner (my client), I am providing you with our response to the aforementioned letter of May 2, 2016, which your organization did not approve our plan submittal. In your letter you stated the following: “1. Parcel 1 does not have enough street frontage length to be a Lot recognized by Diamond Bar Country Estates.” Our Response: The City’s Municipal and Zoning Code does establish a minimum lot width of 50 feet, and 60 feet in some instances. As such, Section 21.30.100 (2) (a) of the DBMC states: “Parcel width. New parcels shall be designed to have a minimum width of 50 feet; except that each parcel on a turnaround, cul-de-sac or curved street, where the side lot lines are diverging from the front to the rear of the parcel, shall have a minimum width of 60 feet, measured at the front setback line required for the primary structure by article II.” The proposed subdivision meets this requirement. As shown on our submitted parcel map, parcel “1” has in excess of 60 feet of lot width, which is a conforming parcel and has not been changed. Furthermore, after reviewing the Diamond Bar Country Estates Covenants, Codes and Restrictions (CC&R’s) there is no provision for this requirement or authority given to this advisory body to make such a requirement. Therefore, compliance with this request is invalid and illegal. “2. A single existing Lot may only be split into 2 lots.” Our Response: Again, after thoroughly reviewing the City’s Municipal Code to include the Zoning and Subdivision sections, there are no adopted provisions for such a requirement. Furthermore, an in depth analysis and review of the Diamond Bar Country Estates Associations CC&R’s revealed no such requirement or provision giving authority to your advisory board that has permitted the allowance of this requirement that is in direct contradiction to the adopted City ordinances, which are the prevailing laws. Therefore, compliance with this request is invalid and illegal. 7.2.i Packet Pg. 332 22702 Timbertop Lane, Diamond Bar, CA 91765 Response to Diamond Bar Estates Association Review (May 2, 2016) June 2, 2016 Page 2 of 2 “3. All fees and legal documents between the Lot Owner and the Association are to be completed and recorded as required by the Architectural Rules for Subdividing a Residential Lot.” Our Response: Please provide a detailed listing of those requirements that need to be completed and recorded as validated by your CC&R’s, and the property owner will comply with these provisions. Additionally, please provide written substantiation of the requested fees associated with this proposal which provides the nexus between the proposed development and required fee for our review and acceptance. We believe the requested fee should be verifiable and equitable, and not be arbitrary or capricious. “4. Send certified letters of the proposed split to those neighbors that were not available to sign the Neighbor Awareness form.” Our Response: We have provided a certified letter informing all neighbors who had not signed the Neighbor Awareness form of the pending subdivision. Please see attached list. Therefore, based on the review of both the Diamond Bar Country Estates Association’s CC&R’s and the governing City Ordinances, there are no legal grounds for making the aforementioned requirements (items 1 and 2). Actually, these requests are just a recommendation from this advisory body and ha s no legal or binding authority. The proposed restrictions are contradictory and in absence of standards required by the City of Diamond Bar. The proposed project is in full compliance with the legally adopted City requirements. Should you should have any questions or require any additional information, please do n ot hesitate to contact me at 626. 422. 0351 office, 626. 664-5003 cell or milan@maxsumdevelopment.com. Thank You, Milan L. Garrison President/CEO CC: USA Rochen Development 22702 Timbertop Lane Diamond Bar, CA 91765 Architecture Refined Corporation 556 N. Diamond Bar Boulevard, Suite 305 Diamond Bar, California 91765 Tritech Associates, Inc. 135 N. San Gabriel Boulevard, Suite 100 San Gabriel, California 91775 7.2.i Packet Pg. 333 7.2.j Packet Pg. 334 7.2.k Packet Pg. 335 7.2.k Packet Pg. 336 7.2.k Packet Pg. 337 7.2.k Packet Pg. 338 Diamond Bar ■ City Council -.® -- ==W WNW= AGENDA ITEM 7.2 March 21, 2017 V -- REQUEST REQUEST f t TENTATIVE PARCEL MAP NO. 72035 ■ - SUBDIVISION OF AN EXISTING 4.2 GROSS ACRE PROPERTY INTO 3 RESIDENTIAL LOTS - CURRENTLY DEVELOPED WITH A SINGLE-FAMILY HOME AND ACCESSORY STRUCTURE, WHICH WILL BE PRESERVED ON SITE - CREATION OF 2 ADDITIONAL PARCELS FOR FUTURE CONSTRUCTION OF 2 SINGLE-FAMILY HOMES ON FEBRUARY 14, 2017, THE PLANNING COMMISSION r; RECOMMENDED (3-2), THAT THE CITY COUNCIL � ADOPT THE MND AND APPROVE THE PROJECT SITE AERIAL (LOOKING WEST) Ile �; t ogle ear£I._: SITE AERIAL (LOOKING SOUTH) ez- � • ' �\� 2 702 T,m t P Ln ,r K � �. ..:.= 7� PROJECT SITE (VIEW FROM TIMBERTOP LANE) mom PROJECT SITE LOOKING SOUTH FROM LAZY MEADOW DRIVE -::s=ue: �>� �{ � ,�•�., r.i -- -- -- 3/22/2017 DEVELOPMENT STANDARDS Development Residential Feature Development Existing Standards Parcel Width Parcel Depth Meets Proposed Require ments PARKLAND DEDICATION THE REQUIRED DEDICATED ACREAGE IS COMPUTED USING THE FOLLOWING FORMULA: X = .005(U P) �X=0.051 1 WHERE X = AMOUNT OF PARKLAND REQUIRED, IN ACRES U = TOTAL # OF APPROVED DWELLING UNITS IN THE SUBDIVISION P = 3.4 FOR SINGLE-FAMILY DWELLINGS $945,655 (FAIR MARKET VALUE OF ONE ACRE PARKLAND) X 0.051 = $48,228.00 CONDITION OF APPROVAL • SUBDIVISION CODE SECTION 21.20.090(2)(D) • ADDITION OF THE CONDITION BELOW: i Prior to Final Map Approval the applicant shall provide evidence satisfactory to the City that the proposed subdivision complies with any Covenants, Conditions and Restrictions ("CCRs') applicable to the subdividing of the L- property at the time of filing of the Final Map and has, consistent with such CCRs, received necessary approvals from the Diamond Bar Country Estates Association or in ■ the alternative, provided evidence that no such approvals are required. -:Ah: DBCEA REVIEW • THE CITY RECEIVED A LETTER FROM THE DIAMOND BAR COUNTRY ESTATES ASSOCIATION (HOA) ■'' • DBCEA UNABLE TO APPROVE THE MAP (CONFLICT W/ CC&RS) s • PROPERTY OWNER DISPUTING DBCEA DECISION • a PROPERTY OWNER IS BOUND BY CC&RS AND �I BYLAWS OF THE DBCEA • CITY IS NOT A PARTY TO CC&RS • THE PROPOSED SUBDIVISION CONFORMS TO THE CITY'S SUBDIVISION ORDINANCE AND MAP ACT CONDITION OF APPROVAL • SUBDIVISION CODE SECTION 21.20.090(2)(D) • ADDITION OF THE CONDITION BELOW: i Prior to Final Map Approval the applicant shall provide evidence satisfactory to the City that the proposed subdivision complies with any Covenants, Conditions and Restrictions ("CCRs') applicable to the subdividing of the L- property at the time of filing of the Final Map and has, consistent with such CCRs, received necessary approvals from the Diamond Bar Country Estates Association or in ■ the alternative, provided evidence that no such approvals are required. ENVIRONMENTAL ASSESSMENT MITIGATED NEGATIVE DECLARATION CULTURAL l _ RFS0IIRrFS "CALIFORNIA BICENTENNIAL �* HOME vim- _ the CALIFORNIA BICENTENNIAL HOLE 2016 r ENVIRONMENTAL ASSESSMENT CULTURAL RESOURCES ASSEMBLY BILL 52 -TRIBAL CONSULTATION • ON DECEMBER 1, 2016, THE CITY RECEIVED A LETTER FROM THE GABRIELENO BAND OF MISSION INDIANS (KIZH NATION) • IN AN AREA WHERE THE TERRITORIES OF THE KIZH GABRIELENO'S VILLAGES ADJOINED AND OVERLAPPED • CERTIFIED NATIVE AMERICAN MONITOR TO BE ON SITE " DURING ANY GROUND DISTURBANCES • INCLUDED AS MITIGATION MEASURE (CR -2) IN THE MITIGATION PROGRAM RECOMMENDATION :-. THE PLANNING COMMISSION AND CITY STAFF (WITH THE ADDITIONAL CONDITION NOTED ABOVE) RECOMMEND THAT THE CITY COUNCIL ADOPT THE ATTACHED RESOLUTION (ATTACHMENT 1) ADOPTING THE MITIGATED =4 NEGATIVE DECLARATION AND THE PROJECT -'b ("TENTATIVE PARCEL MAP NO. 72035 FOR PLANNING CASE NO. PL 2016-01"), TO ALLOW A � oSUBDIVISION OF AN EXISTING LOT INTO THREE SEPARATE LOTS, BASED ON THE FINDINGS, SUBJECT TO CONDITIONS OF APPROVAL AS LISTED WITHIN THE ATTACHED RESOLUTION. 3/22/2017 CITI L98 ® ®gpg ® � ® ® ry g � /°� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK }g DATE: .u2- FROM: 1 73 j�5�2j PHONE: ADDRESS: 5 �i ORGANIZATION:�w AGENDA#/SUBJECT: I expect to address the Council on the subject agendatsubject 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. D Nino, I SAR' mg TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK 'TOO --i 4- l.T DATE:oma`17 f• • bBCEA . Z. Z - -qrN -1 W?.S". expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. v� Signature I'D IOD '"A 4 mom TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK htt— !� L+E RW Q 0�Q DATE: I -Y 23'3'p z✓Lf-AP– CP4'a Il- G.tJ PHONE: -jAAMoWva SA -VL eogt- n-Vj I�-ofA, E Nl A tT i;A-� 7 1 `L / Z- O : L t 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. D IOND BSC' TO: CITY CLERK FROM: ADDRESS: PHONE: ORGANIZATION: AGENDA#/SUBJECT: -7 =2 ',4t�C�� 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 f7nnnman+ is o nnhlin r., r,A aihion#+n +ho Pnhlir Ronnrrlc Arf TO: FROM: ADDRESS: CITY CLERK ORGANIZATION: ���2 (-1, AA ( AGENDA#/SUBJECT: _7�,�-X DATE: ` PHONE: ,i -7, 2- 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. SignafitarE--��!� This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS: ORGANIZATION: CITY CLERK oz 1DATE: 3&/ f 7 1 2a3r 7 ls,��, tri,J ' w r'1 �7J a3 PHONE: 2o- -z'/ V AGENDA#/SUBJECT: C, 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. Sign ure This document is a public record subject to disclosure under the Public Records Act. Wo 91VUS 71� CITY CLERK DATE: ADDRESS: 72 ' PHONE: ORGANIZATION: AGENDA#/SUBJECT: 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.