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HomeMy WebLinkAbout08/15/1989Next Resolution No. 70 Next Ordinance No. 22 AUGUST 15, 1989 DIAMOND BAR CITY COUNCIL 6:00 P.M. W.V.U.S.D. BOARD ROOM THANK YOU FOR NOT SMOKING, DRINKING OR EATING IN THE COUNCIL CHAMBER CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Panpn ROLL CALL: COUNCILMAN FORBING, COUNCILMAN MILLER, COUNCILMAN WERNER, MAYOR PRO TEM HORCHER, MAYOR PAPEN- COUNCIL COMMENTS: Items placed on the agenda by individual Councilmembers for Council discussion. Action may be taken at this meeting or scheduled for a future meeting. No public input is required. - Discussion regarding adoption of a Sister City PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directiv address the Council on items of interest to the publiaq that are not already scheduled for consideration on this agenda. CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. Consent Hearing items may be removed by request of a Councilmember or a citizen; regular Consent Calendar items may be removed from the Consent Calendar by request of a Councilmember only. 1. SCHEDULE FUTURE MEETINGS A. August 29, 1989, 12:00 noon, City Hall Conference Room - Special Council Meeting B. September 21, 1989 - General Plan Citizens Planning Committee Workshop, Ramada Inn CITY COUNCIL AGENDA PAGE 2 AUGUST 15, 1989 2. APPROVAL OF MINUTES - A. Approve the Minutes of the Regular Adjourned Meeting of July 11, 1989 as submitted B. Approve the Minutes of the Regular Adjourned Meeting of July 18, 1989 as submitted 3. WARRANT REGISTER - Approve the warrant register dated August 15, 1989 in the total amount of $45,849.59 4. PUBLIC EMPLOYEES1 MEDICAL AND HOSPITAL CARE ACT - Adopt Resolution No. 89 electing to be subject to Public Employees' Medical and Hospital Care Act 5. COOPERATION AGREEMENT - COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT COMMISSION - Approve Cooperation Agreement between the City and the Housing Authority of the County of Los Angeles concerning administration of the Section 8 Housing Assistance Payments Program 6. PURCHASE OF CITY VEHICLE - Authorize Notice Inviting Sealed Bids for purchase of a City vehicle 7. EXONERATION OF BONDS - Request by County of Los Angeles for exoneration of improvement bonds for Tract Nos. .'9679, 4.2'955, 42,561, 425,70 Recommended Action: Accept completion of public improvements and release bonds 8. APPOINTMENT OF DIRECTOR OF PARRS AND MAINTENANCE - It is recommended that the City Council approve the appointment of Charles Janiel, Jr. as Director of Parks and Maintenance and adopt Resolution No. 89 - effective September 11, 1989. 9. APPOINTMENT OF SUPERINTENDENT OF PARRS AND MAINTENANCE It is recommended that the City Council approve the appointment of Donald J. Hensley as Superintendent of Parks and Maintenance and adopt Resolution No. 89 - effective September 11, 1989. SPECIAL PRESWTATIONS - Proclamations, certificates, etc. 10. Presentation by Pomona Valley Humane Society CITY COUNCIL AGENDA PAGE 3 AUGUST 15, 1989 11. Presentation by Dexter MacBride of the Claremont Dispute Resolution Center regarding mediation/arbitration clauses in City contracts 12. Presentation by Tony Ingegneri of Bustop Shelters 13. Presentation of Report on Summer Parks Programs and Proposal for School Year Parks Programs NEW BUSINESS 14. BUILDING AND SAFETY SERVICES - - Review of proposed "Request for Qualifications for Building and Safety Services" 15. FEDERAL -AID URBAN (FAU) PROGRAM - Proposal by County of Los Angeles to develop, design and administer the City's FAU Program Recommended Action: Review the proposal and direct staff as necessary 16,. CALL FOR BIDS - CARLTON J. PETERSON PARK PHASE II - Adopt Resolution No. 89 - calling for bids regarding construction of Phase II of Carlton J. Peterson Park - Review of proposal to construct a racquetball facility with a long-term lease with return to the City - presentation by Chris Lancaster 17. FIRE RETARDANT ROOFS - Discussion regarding fire retardant roofs in Fire Zones 3 and 4 18. RECLAIMED WATER - Authorize staff to work with Walnut Valley Water District to develop a proposal to conduct a study for delivery of reclaimed water for City parks and median landscape maintenance 19. YARD MODIFICATION - Plot Plan 38198 - Yard modification requested by C. Stephen Davis, 20763 E. Rim Lane, for extension of inner masonry wall 312" above height of existing outer masonry wall to mitigate noise and provide privacy from adjacent 64-1 park Recommended Action: Adopt Resolution No. 89 CITY COUNCIL AGENDA PAGE 4 AUGUST 15, 1989 OLD BUSINESS 20. SIDEWALK SALES - Continue discussion until first meeting in October to allow for Chamber of Commerce review 23, _LQQO DESIGN - Discussion necessary 22. FINAL READING ORDINANCE NO. 21 (1989) - AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PERSONNEL SYSTEM j4ecEjT F•R 2W /Z[�•��.a►4 [ri/+�. rd - 23. PARK GRANTS - Report by City Manager —� Recommended Action: Adopt Resolution No. 89 - approving the application for grant funds under the Roberti-Z'berg-Harris Urban Grant Open Space and Recreation Program (for Heritage Park) PUBLIC HEARINGS 24. CONTINUED PUBLIC HEARING - IMPOSITION OF VEHICLE CODE PROVISIONS - Continued from meeting of August 1, 1989. Consideration of adoption of Resolution No. 89 - permitting enforcement of Vehicle Code provisions concerning various tracts within the City 25. CONTINUED PUBLIC HEARING - REQUEST TO CONTINUE OPERATION OF PRE-SCHOOL FACILITY - Requested by Diamond Bar Congregational Church, 2249 South Morning Canyon Road. The subject property is located within the R -3- 8,000 -IU (Limited Multiple Residence) Zone of the City of Diamond Bar Recommended Action: Take public input and direct staff to prepare the appropriate Resolution 26. ANIMAL CONTROL FEES - Adopt Resolution No. 89 - establishing Animal Control, Shelter and Licensing Fees ANNOUNCEMENTS- This time is set aside for any City Councilmember to direct staff regarding any matters to be discussed at the next regular meeting 27. Announcement of upcoming meetings regarding Solid Waste Management 28. Recruitment of Planning Director - application deadline October 2, 1989 CITY COUNCIL AGENDA PAGE 5 AUGUST 15, 1989 CLOSED SESSION Litigation- Section 54956.9 Personnel- Section 54957.6 ADJOURNMENT OAR,A ! mcffPERS Haatth Benefit Services Division FILE. DIAMOND. DOC P.O. Box 942714 Sacramento, CA 94229-2714 Telecommunication Device for the Deaf (9 IS) 326-3667 (916) 326-3599 August 9, 1989 Robert L. Van Nort City Manager City of Diamond Bar 21660 E. Copley Drive, Suite 330 Diamond Bar, Ca 91765 RE: Resolution Electing to be subject to the Public Employees' Medical Hospital Care Act With respect to a Non -PERS City Dear Mr. Van Nort: Per our conversation on August 9, 1989, enclosed is sample resolution to be completed and signed by the original two parties and returned to PERS, Health Benefit Services Division. We will need either the original or a Certified Copy of resolution. The effective date of resolution will be September 1, 1989, based on the receipt of City Resolution N0. 89-66. If I can be of service, please contact me. Sincerely, &ceg� �ai Public Agency Unit Health Benefit Services Division No. 89-66 California Public Employees' Retirement System :--- I- n c......• e.....e.s..... rw RliSOUMOti MWTING TO Bit SUBJECT TO Y'MIC NNPLO'I'M l MEDICAL AND NWPITAL CA" AG'i' >PMEAB, (1) Government Code Section 22650 extends the benefits of the Public B+sployees, ntaical and Hospital Care Act to employees of contracting agencies on proper application by an agency: and WMMZ ►S, (2) Government Code &action 22754 (g) defines any Special District as a contracting agency, and 1fBEREAS, t3) A Special District is hereby defined as a non-profit, self - governed public agency within the State of California, and comprised solely of public empioy4es performing a governmental rather than proprietary function, and mss# (4) __ , hereinafter referred to as Special District is an entity meeting the above definitions and MCAS, (3) The Special District desires to obtain for its tmploYees, retired employees, and suvivors the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations= now, therefore, be it RESOLVED, (&) That the Special District elect, and it does hereby elect, to be subject to the provisions of the Acts and be it further Rzs0r•VEn, (b) That the executive body appoint and direct, and does ts tilewithappoint and direct, the Board of Administration of the public Employees' Retirement system a verified copy of this Resolution, and to perform on behalf of said Special District all functions required of it under the Act &nd Regulations of the Board of Administrations and be it further XWMVED, (c) That the officer appointed pursuant to section (e) will Mdvise the Board of Administration of the public Employees' edefinedtin System if the district Ceases to be a public agency as section (l) above: and be it further RES�VED, (d) that coverage under the Act be effective on Adopted at a regular/special seetinq of the at this _ day of 19 • Signed: Wr63 This resolution is to be (president, Chairman, etc.) used to contract for cover -1 IL", &doting the ainisum I (:16.00) employer contri- i Attest:(Secretary or appropriate officer) but ion. MR -IM" SPECIAL DISTRICT (11/BB) HPAles INSTRUCTIONS -- RESOLUTION ELECTING SOCIAL CONTRIBUTIONS AT THE MINIMUM EMPLOYER CONTRIBUTION, 616.00 This resolution form is the approved form designated by the Public Lmployses' Retirement System and should be used to assure proper filing with the Public Employees' Retirement system for coverage by the Public Employees' Medical and aospital Cars Act. iiBERFU (4) should be completed with the Special District's name. PSOLVLD (b) requests the position title of the individaal who handle$ the Public Rmployees' Retirement System contract for the Special District. KMOLMM (d) provides that it a resolution is filed in the office of the Board on or before the tenth day of any month, the contracting agency and its employees will become subject to the Act on the first of the following month. The certification shown following the Resolution is to be completed by those Individuals authorised to sign for the Special District in legal actions and is to include the name of the executive body, i.e., Board of Directorst Board of Trustees# etc., the location and date of signing. M04�-pmts SPECIAL DISTRICT (11/68) 8PAISS AGENDA ITEM CITY COUNCIL ACTION REPORT AUGUST 1. 1989 NEW BUSINESS Meeting Date Agenda Placement TO: Mayor and City Council FROM: Robert Van Nort, City Manager SUBJECT: City Vehicle BACKGROUND In negotiations with the City Manager, the City Council authorized a $250 car allowance for the use of his private vehicle. During the first week with the City, this vehicle was maliciously damaged (keyed along the left side) which will necessitate repainting at a cost in excess of $1,000. With this in mind, it is impractical to continue the use of said vehicle for City business. In the alternative, it is proposed that a City vehicle be purchased for use by the City Manager as well as other City employees during the first year of operation. The vehicle should be something similar to a Chevy Cavalier, Ford Tiempo, or equivalent Honda. RECONNENDATION It is recommended that the City Council authorize the purchase of one vehicle at a governmental price.. Robert L. Van Nort City Manager RLVN/pds AGENDA ITEMZ±? CITY COUNCIL ACTION REPORT AUGUST 15, 1989 CONSENT CALENDAR Meeting Date Agenda Placement TO: Mayor and City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Personnel - Organizational Structure, Parks Department Interviews were held for the position of Superintendent of Parks and Maintenance on August 4. The oral board is recommending that the City Council consider the following: 1. Charles Janiel is recommended to be employed as the Director of Parks and Maintenance a department head. His background, including formal education as an ornamental horticulturist and experience as Supervisor of Parks and Streets for the City of Brea, qualifies him for the position of director. The Recommended salary for Mr. Janiel is $3,404.00, top step. 2. Donald J. Hensley is recommended for the position of Superintendent of Parks. He currently works for the City of Page, Arizona and has vast experience in maintaining beautiful parks. The top step salary for Mr. Hensley would be $2,938.00 month. 3. To complement City Staff, it is further proposed that the City contract with: State of California Department of Developmental Services Lanterman Developmental Center and TPP, Transition Partnership Program Hacienda -La Puente/Rowland/Walnut Valley Unified School Districts California Department of Rehabilitation to employ landscape maintenance crews to work under the supervision of the aforementioned employees. This innovative approach to maintaining our parks will provide vocational opportunities for the less advantaged, pride in our parks, and the highest quality of maintenance available to any City in our state. Recommendation It is recommended that the City Council: 1) Authorize the two reclassifications, and; 2) Direct staff to re-evaluate i existing contracts for "ndscaAing and park mai ance. ROBERT L. VAN NORT City Manager RLVN:tan CLAREMONT DISPUTE RESOLUTION CENTER July 31, 1989 Mr Robert Van Nort, Manager, City of Diamond Bar 21660 E. Copley Drive, Ste #330 Diamond Bar, California 91765 Dear Mr Van Nort; FIELD OFFICE 333 WEST FOOTHILL BLVD GLENDORA, CA 91740 (818) 963-3969 Proposed Agenda Item It is respectfully requested that the subject of Mediation/ Arbitration, related to City Contracts, be included as a City Council Agenda Item, possibly on the August 15th Calendar. Copy of the proposed Item is attached. Also enclosed: general information concerning the topic (American Bar Association, President's Message of June, 1989; Claremont Dispute Resolution Center, current Program statement, together with brochure). Your assistance in this matter is appreciated. Sincerely, Dex r D. MacBride, E, FASA Co dinator, Government & Pro- fessional Associations cc: Mr Gerald Pearson, JD Executive Director, CDRC PROPOSAL That the City of Diamond Bar employ in City contracts, unless expressly prohibited by law, a clause providing for mediation/arbitration of all disputes arising from the contractual relationship. IMPLEMENTATION RATIONALE Employment of the following mediation/arbitration provision is suggested: "In the event of a dispute involving interpretation or application of this Agreement, -the dispute -shall be referred to a neutral third party mediation service. The cost of such mediation shall be borne equally by the parties. In the event mediation is unsuccessful, the parties agree to submit the dis- pute to arbitration under the laws of the State of California; costs to be borne equally by the parties. Factors which encourage use of mediation/arbitra- tion techniques: substantial reduction of costs; speed of decision-making; maximum confidentiality of proceedings; optimum opportunity for consensus settlement. Disputes not amenable to solution through these media have recourse to adversarial litigation. PROPOSED BY Dexter D. MacBride, CAE, FASA, of 435 Willapa Lane, Diamond Bar. Coordinator, Government and Professional Associations, Claremont Dispute Resolution Center (Field Office, 333 West Foothill Blvd., Glendora, California). ADR: NEIN OPTIONS FOR CLIENTS BY ROBERT D. RAVEN The justice system in most of our major cities is in crisis. A complex web of factors has made civil litiga- tion far too costly, time-consuming and uncertain. An overload in crim- inal cases saps the resources of the entire court system. In this environ- ment, access to justice often is not a reality for anyone—poor, middle- class, wealthy and businesses allke. Improving this situation will re- quire lawyers and judges to develop new, approaches and to acquire new skills to resolve disputes. Alternative W CLAREMONT DISPUTE RESOLUTION CENTER FIELD OFFICE 333 WEST FOOTHILL BLVD. GLENDORA,CA 91740 818 963-3969 DIRECTORS PRESIDENT RONALD LEOS. ESO. WILLIAM ARCE. ED.D. VICE-PRESIDENT DEE KELLEY. PI-LI1 PATRICK BUSHMAN. PH.D. DIANE FENCL SECRETARY -TREASURER ROBERT KELLEY. PKD. AZIKE NTEPHE. ESO. EXECUTIVE DIRECTOR GERALD PEARSON. 1D. P R O G R A M The Center offers conciliation, mediation, fact-finding, and arbitration as alternatives to the court, and to help parties resolve disputes of all kinds. He are prepared to deal with any kind of cor.flict, from quarrels becveen friends to minor felonies and misdemeanors. Of the approximately 200 cases, conflicts, er requests for information and assistance which have come in since June of 1988, 55: of them, 110 cases, actually vent to mediation, and well over 80% of them have been settled. We are confident that our settlement rate will be over 90:. The types of cases handled and approximate percentage of the total, ' as.of the and of January, 1989 were: Landlord - Tenant 60. Consumer - Merchant 8: Neighbor 2: ' Business 6» Domestic 151.1 Auto .wccidenr 2a Employer - Employee 18:. Credit Cases 21 - Defaults on Pavments 8: Insurance Claims 6 -- Contract Disputes 6: Interptrsonal 4: Other 17. In the past few months, certain of the categories, landlord - tenant, consumer -merchant, and credit -related cases, most notably, have rapidl;r increased. The referrals have come from many sources.' -Now that we have been able to get brochures and other information out to ocher agencies, civic and social orga•a..zations, and have done a little work with the Media, referrals are coming from LA Co. Bar Association (five of the latest cases came from them), city governments and agencies, including state and :local consumer affairs departments. As to the clients themselves, seniors comprise a growing 27: of the cases, with a fairly even spread over the remainder of the adult population. Of the cases in which "ethnic background" has been noted, approx- imately 18% are minority members, with 12.: Latin and 4Z Black. Page 2 P ROG RAR (cont.) Of the clients served, 345 had incomes below $25,00 per year, 43: had an annual income of $25,00 to $50,000. Currently, the most rapidly growing segment is the under $25,00 per year category. The program is provided through paid and volunteer staff, with the vast majority of cases now being assigned to a talented dedicated group of volunteers. A R E A S E R V E D tie serve all of the East San Gabriel and Pomona Valleys, from Pasadena/South Pasadena to the San Bernardino County line, from the San Gabriel Mountains to the Orange County line. This is well beyond the six communities we had planned to serve. And -to better cover the area, we plan to propose to LA County in our request for 1989-90 funds, the addition of an office in !lest Covina and in Pomona, as near to the courts as possible. Additionally, we want to open an office in Claremont, to be staffed by volunteers and to be housed in Pilgrim Place or on the campuses of the Claremont Colleges. T R A I N I N G P R O G R A M The Center recuits and trains volunteers in a 25 hour program. Following the lecture, discussion, and mock mediation portion of the training and upon satisfactorily completing supervised mediation sessions, the volunteers are certified as mediators by the Center under California Business and Professions Code Section 465 et seq. Of the current 18 mediators available, four are trained in the law, two are engineers, four have higher education faculty exper= ience, five have many years of experience in alternative dispute resolution (mediation, fact-finding, and arbitration, with three having taught courses in these areas). Of this group, two hold top management positions in major corporations. One of the mediators is retired and another has been serving as an arbitrator in automobile cases for some time. Most cases are resolved, if they can be resolved at all, very -quickly - usually in a couple of days, sometimes in as little as a couple of hours, usually by telephone. Generally, the resolution will be in a written agreement, enforce- able in court. EXAMPLE: Mediation/Arbitration Clause In the event of a dispute.involving interpretation or application of this Agreement, the dispute shall be referred to a neutral third party mediation service (name of service may be included). The cost of such mediation shall be born equally by the parties. In the event mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration under the laws of the State of California. CLAREMONT DISPUTE RESOLUTION CENTER FIELD OFFICE 333 WEST FOOTHILL BLVD GLENDORA, CA 91740 (818) 963-3969 1. Services are provided pursuant to Business and Professions Code Section 465 and those that follow, as well as the Regulations implementing that legislation. 2. Participation by all parties is voluntary. 3. Those staff and volunteers who furnish such services must have no conflict of interest. 4. There is a $10.00 charge to the complainant for our.service. No additional charges will be made.. The service is free for those at or below the poverty level. 5. Any statements made by the participants, as well as any documents and or materials. presented, may be kept confidential by the parties; or, with mutual.,'written consent of•the•parties, may be admissible in and enforceable by a court. 6. Parties may have counsel present or available during the proceedings. 7. Parties may offer testimony of witnesses and, -present evidence. d. The staff or volunteer providing services shall reserve the right to suspend or terminate a proceeding if in his or her opinion a party is uninformed or'does not understand his or her rights and/or obligations. Such party shall be encouraged to seek appropriate advice and given referrals, if requested. 1 " - BUSTOP SHELTERS OF CALIFORNIA INCORPORATED TABLE OF CONTENTS I History of the Bus Shelter Program II Introduction to Bustop Shelters of California III History of Bustop Shelters of California IV Services to Commuters & Citizens V Services to Your Community VI Description of Bus Shelter VII Advertisement Policy VIII Conclusion IX Contract Form - BUSTOP SHELTERS OF CALIFORNIA INCORPORATED History of the Bus Shelter Program Bus stop shelter programs have been very successful in Europe. The programs presently in effect are sponsored by private enterprise. In France, where this idea originated, 32,000 bus shelters exist today which are effectively serving the public transportation system. Other countries such as Canada, England, Portugal and Belgium also have such programs in operation based on the original concept which combines the provision of a civic service through the means of private enterprise. While mass transportation has been popular and extensive in Europe for several decades, it is only recently that this system is being developed and gaining importance in the United States. As a part of this new developmental phase, many communities attempted to sponsor bus shelter programs with the aid of government funding. Unfortunately, the high cost of maintenance and the cost burdens placed on the bus companies and the citizens have made these programs unsuccessful and inefficient. American communities are realizing the advantages of shelter programs sponsored by private enterprise, With the sincere interest of the public in mind, these programs can fulfill the communities' needs — for this very particular and necessary civic service. - BUSTOP SHELTERS OF CALIFORNIA INCORPORATED Introduction to Bustop Shelters of California, Inc. For many years mass transportation was overlooked. Reliance on public transportation was limited, with only a small portion of the -- public using the service. With the energy crisis, people began to realize that public transportation was practical and economical. Today bus companies are offering a more sophisticated and complete bus service to the public. -- However, it is necessary to urge people to take the bus, and very often good bus service alone is not sufficient encouragement. Bustop Shelters of California is helping to stimulate interest in bus service by providing the community with an aesthetically pleasing and highly functional bus shelter as a complimentary feature to your community's bus system. And this service is available at absolutely no cost to the community. All costs of the shelter and its maintenance are assumed by Bustop Shelters of California. In the following pages you will see how this can be done, and why our bus shelter program receives a welcome response from communities. - BUSTOP SHELTERS s OF CALIFORNIA INCORPORATED l^ History of Bustop Shelters -- of California Experience and Background The founder of Bustop Shelters of California, Jean Claude LeRoyer, has the most experience in bus shelters in the United States. He first learned the principles and techniques of the bus shelter business in France where this concept originated and where 32,000 bus shelters are currently in use. In 1975, Jean LeRoyer pioneered the bus shelter concept in the United States. From 1975 through May, 1984, he was employed as founder and President of several bus shelter companies, including American Bus Shelters and Transit Shelters which represent the largest portion of Target Media. �- The bus shelter presently used by most bus shelter companies was designed by Jean LeRoyer. The basic design and its several variations represent years of research and refinement of the product. The result is an aesthetically pleasing street facility which accommodates the best interests of the bus patron, the community, and the sidewalk dimensions. BUSTOP SHELTERS OF CALIFORNIA INCORPORATED History of Bustop Shelters of California Experience and Background (Continued) In May, 1984, Jean LeRoyer started his own bus shelter company, Metro Display Advertising, Inc., d.b.a. Bustop Shelters of California. His goal has been to incorporate his extensive experience of the past 12 years in this field to achieve a company which upholds its commitment as a public service while furnishing a profitable advertisement vehicle. His philosophy is based on his commitment to the public service aspect of this program. He strives to assure that the bus shelters will become an integral part of the communities which they serve. While the shelters provide a service for the bus patron, they also provide a service to the local businesses, and display public service information of general interest to the community. In keeping with this spirit, Jean LeRoyer believes that no controversial material should be displayed on the bus shelters. Bustop Shelters of California does not claim to be the largest bus shelter company. It is proud to be the company which a community can rely on based on its past experience, the background of its founder, and its sincere commitment to public needs. - BUSTOP SHELTERS OF CALIFORNIA INCORPORATED Services to Commuters and Citizens Service and performance are our primary concerns. We present a quality program which offers the following advantages for the transit users. PROTECTION Protection from the elments is the basic concept of the bus shelter. Transit users will be comfortable in an area protected from the sun, wind, rain and extreme temperatures. SAFETY Safety and security have been thoughtfully provided for the people waiting at bus stops. The shelter is fully illuminated promoting security at night. The back and side panels of safety -tempered glass provide an unobstructed view of the inside of the shelter and also a view of the outside for the people using it. MAINTENANCE SERVICE Maintenance service of the highest standard is provided by Bustop Shelters of California. It is our primary concern to maintain each shelter as a continuously clean and functional public facility. Our own maintenance crews clean each shelter twice weekly which includes the' washing of all exterior and interior surfaces. In addition, the shelters are inspected routinely for any necessary repairs or special servicing. - BUSTOP SHELTERS OF CALIFORNIA INCORPORATED Services to Commuters and Citizens (Continued) BENCH A bench in each shelter provides comfortable seating for up to five persons. The contoured bench with back is made of anodized aluminum. Both the waiting transit users and the pedestrians benefit from this feature. TRASH RECEPTACLE Trash receptacles of a modern design are installed at each shelter. They are noteworthy for their clean appearance and functional design. PUBLIC INFORMATION Public information is provided by the display of bus routes next to each shelter, as well as the name of the street where the shelter is located. INFORMATION CENTER In addition, public information kiosks are provided which may be used to feature city maps and other public information of the city's choice. These free standing units may be placed at locations of the city's choice at no charge to the city. NO COST TO TAXPAYER At no cost to the taxpayer or to the transit company or user, this unique civic service is available to the community entirely free of charge. BUSTOP SHELTERS OF CALIFORNIA INCORPORATED Services to Your Community All costs for the architectural design, construction and materials, installation, concrete foundation pad (if necessary), electricity, and electrical connections are paid by Bustop Shelters of California. Bustop Shelters of California protects the city with liability insurance in the sum of one million dollars on each shelter, and provides a bond to cover the cost of removal of the shelter should it be necessary. The advertising, which is displayed on one side of the shelter, brings a new income for the city. The city receives a minimum of 10% of the gross advertising revenue from the shelters. In case of an emergency, the city has the right to use one panel of each shelter to display emergency procedures or information. This service is given at no charge to the community. Also, once each year advertising space will be made available for the use of the community for a period of five days to display public service messages if the city elects to do so. If not, the space will be used to display public service messages such as "Don't Drink and Drive" or Red Cross appeals, etc. - BUSTOP SHELTERS OF CALIFORNIA INCORPORATED Description of Shelter _ The shelter is constructed of anodized aluminum and safety -tempered glass. The dimensions are as follows: 4'6" in Width 17' in Length 8'6" in Height The roof can support a total weight of 1.5 tons. All electrical wiring is underground and the power flow is equipped with two circuit breakers. Openings of 12" from the ground to the panels and openings of 6" from the panel to the roof allow the air to filter through the shelter, relieving wind stress on the structure. There are six bulbs to each panel which illuminate the interior of the shelter. In addition, the roof of the unit contains a lighting fixture. The lights are automatically switched on at nightfall and off at dawn by a photocell. - There is a 3' wide opening in the back of the shelter so that people can enter and exit. This opening can accommodate wheel chairs. BUSTOP SHELTERS OF CALIFORNIA INCORPORATED Advertisement Policy Two panels of advertising are displayed in a back-to-back showcase on the left side of the shelter. Each panel of advertising is back -lit at night and locked in a glass showcase. With the glass enclosure, the advertisement is protected from grafitti, which is easily cleaned off, and is also protected from vandalism and the ordinary wear of the elements. The policy of Bustop Shelters of California is to accept only those advertisements which are in conformance to the standards of the community pertaining to content and design. This is insured by the veto power given to the city for all advertisement in the bus shelters. Therefore, no advertisement which is in poor taste will be displayed. In order to keep our advertising program an integral part of the community, Bustop Shelters of California strives to maintain a ratio of 40% local advertisement and 60% national advertisement. - BUSTOP SHELTERS OF CALIFORNIA INCORPORATED Conclusion The Bustop Shelters of California bus shelter program is designed so that we may provide a first-class service to your community. Each point explained in this brochure is guaranteed in writing in the contract which is signed between Bustop Shelters of California and your city. -- We assure, through this contract, our desire to give your community a successful bus shelter program, and it is our greatest interest to know your city will be entirely satisfied by our performance. Contract Form The sample contract form which follows represents the tentative agreement between your city and Bustop Shelters of California. The features described and explained in this proposal are all guaranteed in this agreement. AGREEMENT FOR BUS SHELTERS THIS AGREEMENT, made and entered into this day of 19 , by and between the CITY OF . a municipal corporation of the State of California (the "city"). and METRO DISPLAY ADVERTISING, INC., d.b.a. BUSTOP SHELTERS OF CALIFORNIA, INC., a California corporation, ("Contractor"). W I T N E S S E T H RECITAL; A. City needs bus shelters, hereinafter referred to as "shelter", at various designated bustop locations throughout the City. B. City desires to provide such shelters without incurring costs and expenses therefor. C. City has requested proposals for construction and maintenance of such shelters. D. Contractor represents that it is willing and qualified to provide such shelters under the terms and conditions hereinafter set forth. E. City is willing to provide Contractor with a right to construct, erect, install, repair, maintain and insure such shelters on city -owned property under the terms and conditions hereinafter set forth. WHEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and roade and subject to all of the terms and conditions hereof, the parties hereto to hereby agree as follows: -- 1. Grant of right by City City hereby grants to Contractor, on the terms hereinafter described, the right to construct, erect, install, A repair, maintain and insure shelters as described in Exhibit "B" and Exhibit "C" attached hereto and incorporated herein by reference, at ( ) designated bustop locations, said locations to be determined by the city manager. a. A timeperiod of sixty (60) days will be given for - the construction of the first shelter. The remaining shelters to be completed within six (6) months. -1- 2. Fee payable to City a. In consideration of the right granted hereby Contractor agrees to pay to City ten percent (10%) of the gross advertising revenues received by Contractor for the rental of advertising space in and on the shelter, and in no instance shall said payment be less than a minimum of forty dollars ($40.00) per month per shelter. b. All payments from Contractor to City shall be supported by a Statement of Account showing all shelter locations and revenues received. C. Contractor shall allow inspection of its books and records by City Officials as authorized by the City Manager or Deputy City Administrator at Contractor's office during reasonable business hours to determine revenues due to City. d. Quarterly reports (unaudited) concerning gross advertising receipts derived from shelters with City shall be provided to the Deputy City Administrator of City within thirty (30) days after the conclusion of each calendar quarter. 3. Contractor's Services Contractor agrees, at its own cost and expense to perform as follows: a. Scope of Service. Contractor shall construct and maintain ( ) shelters in the City and upon City sidewalks at ( ) locations specified in Exhibit "A", of the type MDA -86 as specified for each location in said Exhibit "A". b. Time of Installation. Contractor shall install the first shelter within sixty (60) days from and after the date of execution of this Agreement and shall install a total of ( ) shelters within the two (2) month period following the execution of this Agreement. Time is of the essence in the installation of shelters pursuant to this subparagraph b. C. Design of Shelters. Except as hereinafter provided, said shelters shall be so designed and constructed as to conform to Contractor's drawing MDA -86 attached thereto as Exhibit "B". Each shelter shall have displayed in a conspicuous place the name of Contractor and a permit number, which shall be given to -2- Contractor by City. Any design changes shall be submitted to City for City's written approval at least thirty (30) days prior to installation. Contractor shall obtain written approval of City's City Manager of all design changes before installation. d. Permit Requirements. Contractor shall obtain a separate permit from City for each bus shelter, and each such permit shall be valid only for the particular location specified therein. Each application for a permit to install a bus shelter must be accompanied by the following: (1) A plan showing the proposed location of each bus shelter and such other information as the City Manager may require. (2) Detailed plans and specifications of the shelter. e. Permit Change. Contractor shall pay all fees, costs and permit charges regularly assessed by City, and further agrees that the shelters shall be constructed in conformity with the Uniform Building Code. f. Repair and Maintenance. Contractor shall maintain, repair, clean and service the shelters. Contractor shall -- be at liberty to enter upon and into shelters at any reasonable time with personnel and all necessary materials, including but not limited to electric wires, meters, clock work machinery and other items reasonably necessary for making said shelter effective. All such work shall be performed at the sole expense of Contractor. Each shelter shall be cleaned not less than two (2) times per week. g. Electricity. Contractor shall pay all sums that may become due for electrical energy supplied to the shelters and shall keep City indemnified against any and all such costs. h. Advertising. Contractor agrees that it shall utilize the shelters for advertising pursuant to design diagrams attached hereto as Exhibit "B" and "C". (1) No advertisement or sign on any shelter shall be displayed except in the area designated for advertising pursuant to design diagrams attached hereto as Exhibit "B". (2) No advertisement or sign on any shelter shall be displayed which would be offensive of objectionable to the -3- — public, or which advertises competing services or products within a one block radius of real property primarily devoted to providing such services or products. Should City, in its sole discretion, determine any advertising on any shelter to be indecent or vulgar, Contractor shall remove all such advertising within twenty four (24) hours after City services notice upon Contractor requiring the removal of such advertising pursuant to this paragraph. (3) No advertisement or sign on any shelter shall display any work, phrase, symbol or character likely to interfere with, mislead or distract traffic, or conflict with any traffic control device. 4. Site Location The location of shelter shall be selected by _ Contractor with the approval of City's City Manager and a memorandum as to the sites selected and agreed upon shall be marked Exhibit "A" attached hereto and incorporated herein by reference. Said Exhibit "A" may be amended as required for relocation of bus shelters upon the mutual consent fo the President of Contractor and the City Manager. S. Shelter Removal a. Contractor shall retain the right to remove any shelter upon thirty (30) days notice to City in the event the Federal, State, Municipal or other proper authorities should hereafter establish any rules, regulations or taxations which shall so restrict location, construction, maintenance or operation of the -- shelters as to substantially diminish the value of said shelters for advertising purposes, or in the event of "chronic vandalism", as hereinafter defined. b. In the event City fails to receive notice of renewal of the permit, or the comprehensive general liability insurance, on or before twenty (20) days before the expiration date thereof, or in the event the comprehensive general liability insurance is cancelled and no evidence of equal coverage is filed with City on or before twenty (20) days prior to the expiration date of the coverage, or upon termination of this Agreement for any reason, Contractor agrees to remove immediately all of its shelters and if it fails to do so within thirty (30) days after notice to do so is mailed by City, City shall have the right to remove said shelters and Contractor agrees to pay City, City's costs for such removal and site restoration. -4- C. "Chronic Vandalism" shall be defined as damage inflicted to an individual shelter during any six (6) month period which requires cummulative expenditures for replacement and repair that exceed the original cost of construction and installation of the shelter. d. Upon removal of any or all shelters erected by Contractor hereunder, all material shall be removed from the site, including, but not by way of limitation, all wires. The site shall be restored to the condition as it existed prior to installation of the shelter, including complete restoratin of any sidewalk upon which said shelter was located. 6. Term The term of this Agreement shall commence at 12:01 a.m., on the day following execution hereof by City and shall continue for a term of ten (10) years unless previously terminated as hereafter provided. -- 7. Termination This Agreement may be terminated by City, or Contractor with reasonable cause, upon giving the other party written notice thereof not less than thirty (30) days prior to termination. B. Independent Contractor Contractor is an independent contractor and not an employee of City, all construction and maintenance personnel shall be employees of Contractor and not employees of City. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 9. Insurance A. Contractor shall obtain at its sole cost and file with City's Clerk o,f the Council, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this agreement , a policy or policies of liability insurance or a certificate of such insurance, satisfactory to the City Attorney of City, naming City, its officers, agents, and employees, as insured or additional insured, which provides coverage not less that that provided in the form of a comprehensive general liability insurance policy against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations of Contractor, its officers, 1- -5- agents, or employees. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less that the following minimum amounts: One Million Dollars ($1,000,000.00) combined single limit; or bodily injury, Five Hundred Thousand Dollars ($500,000.00) per person and One Million Dollars ($1,000,000.00) each occurrence; property damage One Hundred Thousand Dollars ($100,000,00) each occurrence and Two Hundred Thousand Dollars ($200,000.00) aggregate. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage or of insured or additional insured shall be effective until after thirty (30) days notice thereof has been given in writing to City. Contractor shall give to City prompt and timely notice of claim made or suit instituted arising out of Contractor's operations hereunder. Contractor shall procure and maintain at its own cost and expense, any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection in the prosecution of the work. 10. Representatives and Notices City's City Manager shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, or agreements on behalf of City called for by this Agreement except as otherwise expressly provided in this Agreement. Jean Claude LeRoyer, President, shall be the sole representative of Contractor for purposes of this Agreement, and may enter into any subordinate agreements with City pursuant to this Agreement on behalf of Contractor. Notices and written communicatins sent by one party to the other shall be personally delivered or sent by U.S. Flail, postage prepaid, to the following addresses: If sent by'Contractor to City: City If sent by City to Contractor: Jean Claude LeRoyer, President Metro Display Advertising, Inc. d.b.a. Bustop Shelters of California, Inc. 18007 Sky Park Circle Drive, Suite D2 Irvine, CA 92714 -6- 11. Subcontractors None of the services included in this Agreement shall be subcontracted without the prior approval of City. Contractor shall be fully responsible to City for the performance of any and all subcontractors. 12. Assignability — Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. 13. Hold Harmless Contractor shall indemnify and save harmless City, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of City, and shall defend, indemnify and save harmless City, its officers and employees, for any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, worker's compensation claims, resulting from or arising out of the negligent acts, errors or omissions of Contractor, his employees or subcontractors. Contractor shall indemnify and save harmless City, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of City, and shall defend, indemnify and save harmless City, its officers and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of Contractor, his employees or subcontractors. 14. Equal Opportunity a. By signing this Agreement, Contractor certifies that it does not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, physical handicap or medical condition, except as provided in Labor Code Section #1420, in connection with employment, upgrading, emotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Such affirmative action shall be in -7- accordance with the affirmative action guidelines adopted by City. Contractor agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by city setting forth the provisions of this nondiscrimination clause. b. Contractor shall, in all solicitations or �- advertisements for employees placed by or on behalf of Contractor state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin or ancestry. C. Contractor agrees to cause the foregoing provision to be inserted in all subcontracts for any work covered by this Agreement, so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. Noncompliance with the affirmative action program will constitute a breach of the terms of this Agreement. 15. Validity The -invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 16. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 17. Entire Agreement This Agreement supersedes any and all other agreements either oral or in writing, between the parties hereto r with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representation, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, shall be effective only if executed in writing and.signed -- by both City and Contractor. 18. Tax Interest Contractor recognizes and understands that this Agreement may create a possessory interest in Contractor subject -8- to property taxation and Contractor agrees to assume all liability and responsibility for payment of property taxes levied on such interest. 19. Gender and Number As used herein, the masculine shall include the feminine and neuter, and the singular shall include the plural. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF a municipal corporation of the State of California. Clerk of the Council By "City" Mayor "City" Attorney METRO DISPLAY ADVERTISING, INC. d.b.a. BUSTOP SHELTERS OF CALIFORNIA, INC., a California Corporation. Jean Claude LeRoyer, President "Contractor" -9- MEMORANDUM TO: Mayor Phyllis Papen City of Diamond Bar City Council Members From: Christine Adams, Director of Recreation Date: August 15, 1989 P mmary of Summer Parks Program and Proposal for School Year Parks Program Su bjec From the attendance figures listed on the attached page, and from the positive comments we have received from the the community, it seems that the summer parks program in Diamond Bar has been successful. In addition, the program looks like it will be in under budget, which was part of the agree- ment. Staff is recommending that there not be a program at Summit Ridge during the school year. Attendance there was poor throughout the summer. Ali other parks, including the under -developed Peterson Park, all showed good attendance and local support fromt he residents. Walnut Valley Recreation is hoping to expand its involvement in city-wide special events, and would like to have a Halloween Haunted House at Heritage Park, as a safe alternative for parents on October 31. This would become an annual event, just as the annuaIS now Dory in December in Walnut has become an anticipated event by the community in the last three years. Admission costs would be minimal and would be set only to insure some type of admittance control. Walnut Valley Recreation is asking that the City of Diamond Bar fund this event, to insure that the cost to die residents can be kept as low as possible. There has been concern regarding the lack of the parent participation preschool that the County previously ran at Heritage Park. Staff is prepared to offer this program again, beginning in January. This will allow us time to paint and repair the interior of the clubhotisv building, and purchase some major play equipment supplies for the program. All on-going costs will be off -set by fees and charges. Discussion regarding a more long-term agreement is continuing between the Cities of Walnut and Diamond _Bar, thus this agreement would only include the months of September, 1989 through June, 1990. WALNUT VALLEY RECREATION AND CITY OF DIAMOND BAR SCHOOL YEAR RECREATION PROGRAM Dates: Tuesday, September 5, 1989 through June 15, 1990 Walnut Valley Recreation will provide: 1. 12 Recreation Leaders at an average pay rate of $6.50 per hour to work at 6 specified park sites, from 3 pm - 5 pm, Monday through Friday; and 10 am - 4 pm during the school vacations (Christmas and Easter); plus training and preparation time, SUI, Workers Comp, and partial health benefits are included. 2.1 Recreation Coordinator and 1 Assistant Coordinator at an average pay rate of $8.00 per hour, to work approximately 20 hours a week, combined, supervising Recreation Leaders and providing training workshops, SUI, Workers Comp, and partial health benefits are included. 3. Program administration, i.e. publicity, handling program inquiries, (approximately 10% of total budget). 4. District Adminsitration, i.e. purchasing, payroll, accounting (approximately 6% of total budget). 5. All necessary supplies, such as sporting equipment, arts and crafts equipment, special event supplies, etc. Approximately $200 per park per month. 6. Park Sites: Heritage Park Maple Hill Park Paul C. Grow Park Peterson Park Ronald Reagan Park Sycamore Park 7. Miscellaneous: Q. a. Walnut Valley Recreation will also conduct the Youth FlagSeeEbag and Youth Soccer program at Heritage Park, in conjunction with the Heritage Park Recreation Council. (Contingent upon necceary insurance coverage). b. Walnut Valley Recreation will also conduct a Halloween Haunted House for the community on October 31, at a cost of $12,343, which would included payroll and supplies for this event. There would be a nominal fee of approximatley $1.00 per person to the community for admission. c. Walnut Valley Recreation will also conduct a Parent Participation Preschool program at Heritage Park, beginning in January, 1990. The actual program will be self-sustaining, but refurbishing of clubhouse and some start-up supply costs will be approximately $2000. TOTAL COST of program, not to exceed $66,004. WPRWalnut VaCCeyRscreation MEMORANDUM TO: Diamond Bar City Council FROM: Christine Adams, Director of Recreation DATE: August 15, 1989 SUBJECT: Park Program Update Transcribed here is a report from Sherri Johnson, Park Coordinator. "We're still having fun at Diamond Bar Parks. With only three weeks of summer left, the staff is still excited and ready for fun. "Farm Week was a big success. Staff used surgical gloves with holes in them for "The Great Milking Contest" which worked well. The gloves were painted white for more realism. The kids liked this game. "Leader Creativity Day" was very interesting, and the projects that the children worked on were super. Some will be displayed on the LAST DAY OF SUMMER Party at Ronald Reagan Park. Heritage Park won the whole contest with the "Farmer In the Dell Extravaganza". "Nobody brought pets to to the park on "Share Your Pet Day", so the staff at Sycamore went on a squirrel hunt instead. That was fun, but no squirrels were found. "Tourist Week was full of binoculars, maps, paper airplanes, and frisbee golf. The big hit was the sugar cube hotel which was ok, until the ants decided it was a great vacation spot. "This week is Polynesian Week, with plenty of grass skirts, pucca shell necklaces (made out of cheerios), coconuts, and leis. "Upcoming are Get Fit Week, Really Rad Week, and the Mother Goose Week Finale. There will be a barbeque bash on Friday, September 1. Each park will be designing a special float based on a nursery rhyme and will bring it with their children to Ronald Reagan Park. Party decorations will also be part of the craft projects for the next few weeks. "Both Paul C. Grow and Summit Ridge are temporatily closed until the bee and yellowjacke t prob- lem can be corrected. Hopefully, they will reopen this week, as the children are missed by the staff. "The recreation leaders input has been tremendous and their enthusiasm has been infectious. We are all really proud of them." W J W v A 00 W v J N W cn p tro='1 � ,►,fid Aj a b O O LA N N CA v O J 00 � W 000 � 071 U O � 0000 9 O 000 a CNA v O J-. U U v tWl� tWl� tJ► 0 99 =0 WLA N W p 00 y O N v 9 0 00 N a � J CCj 0 99 =0 TO: FROM: VIA: DATE: SUBJECT: WVRWafnut Vaffzy94creation MEN' " -' • -T " Ir T M Diamond Bar City Council b n e. SS Christine Adams, Director c ':5il/ % Bob Russi, Recreation Sup<� V ���"( - Chh -ted July 11, 1989 N---) Va'ea-41'��� Recommended Park and Fi Based on suggested park and facility use i� les, and with input from the City of Walnut and the cur ified School District, the following are recommended - r: Resident Parties: free of charge Other reservations: $4.80 per table Tennis Courts: $8.00 per hour Basketball Courts: $7.00 per hour t All Day: $50.00 Youth Sports: $8.00 per hour Adult Sports: $16.00 per hour Lights: to be determined I WVVIW�Pn� MEMORANDUM To: 0.,' i - =t,•ti From: Date: Subject: ti= _ f Ju 1 :• 1 the fee = to re : -serve park +-ac i 1 it i F'$ in the C 1 t'i` of 9.rr1 _ r i d t%.g. r I;. i 3 I G_ _. E t O 1 1 Gi.-.j _. R.e s i,nent r' .rie free i- ch.{rg i-r:sr E . +. Ger t- -9. 1 e rr frl i a Co -Du i t _ 0 o,r_.rjf[oIJr- L$. K. d1 1 I__.IJr t=. # ;' IPSi p.r h11Jr oOrt=. 3 ,r_i eer h IJr G �. _. 4 !. Ci Ci _ r [i i-, :. + >or' d o C h e f k i i IJ t r e s t r _i oirri k e :Y5 �y I N T E R O F F I C E M E M O R A N D U M T0: Honorable Mayor and City Councilmen FROM: Robert L. Van Nort RE: Building and Safety Service Qualifications Attached is a draft of the "Request for Qualifications for Building and Safety Services." Please review and contact me for any recommendations that you may have. Sincerely, KVZZKT L. VAN NUKT City Manager RLVN:tn y!. CITY OF DIAMOND BAR, CALIFORNIA ----------------------------------------------------------------- 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Telephone (714) 860-2489 REQUEST FOR QUALIFICATION FOR BUILDING AND SAFETY SERVICES The City of Diamond Bar is requesting qualifications from private consultants to provide City building and safety services. GENERAL INFORMATION The City of Diamond Bar is located in Los Angeles County and is approximately 14.77 square miles in area with a population of approximately 75,000. Diamond Bar was incorporated on April 18, 1989 and will operate under the Council/Manager form of government. The five City Council members are elected at large by the residents for staggered four year terms and serve as the City legislative, policy-making body. The Mayor is selected annually from among the Council members. The City Council holds regular public meetings at which views of interested residents may be expressed. These meetings are generally held on the first and third Tuesday of each month. The City Manager is responsible for directing City affairs as prescribed by the City Council. SCOPE OF WORK The purpose of this Request for Qualification is to select a consulting firm which would serve as City Building Official for the City of Diamond Bar. The City may select one or more firms to perform the following tasks: BUILDING OFFICIAL The Building Official shall enforce the provisions of the City's building laws and codes and make such inspections as may be required to effect such enforcement and issue permits as are required by the City's ordinances and codes. Such enforcement shall include the duties set forth in the ordinance of the City for the building Official and, in the performance of such work, the officials and building inspectors of the Building Official shall have the power and duties of Building Inspector of the City. These duties may be divided into the following categories: 1) Plan Checking The Building Official shall review the plans prepared by or on behalf of the applicant for compliance with the ordinances of the City as well as handicapped, energy regulations of the State. The Building Official shall maintain close liaison with other City departments in order that the requirements of those departments are incorporated within such building plans. The Building Official shall arrange reviews by other appropriate agencies having jurisdiction in such matters relative to the enforcement of the Fire Codes, Sanitation Codes, and Health Codes. When satisfied that all conditions of approval and the appropriate requirements of the City's codes have been met, the Building Official shall issue permits as appropriately set forth in such codes. The Building Official shall have a person available at the City Hall to issue building permits between the hours of 8:00 a.m. and 4:30 p.m. each workday unless alternate hours are approved by the City Manager. 2) Building Inspection The Building Official shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of the City's ordinances, and the Code requirements set forth on the plans for which the permit was issued. In the performance of such duties, the Building Official shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance with the appropriate City code and State law. Building Inspectors shall be available each day at a time approve by the City Manager to respond to questions relating to building inspection functions. 3) Building Rehabilitation Inspection The Building Official shall enforce the provisions of the City's building laws pertaining to substandard buildings and properties and make such inspection and issue such permits as are required. Under the direction of the City, the Building Official shall diligently pursue a Building Rehabilitation program to systematically enforce the building Rehabilitation portions of the City Code for the purpose of rehabilitating substandard properties and bringing about the timely demolition or removal of those structures which are unsightly, substandard, or unsafe and beyond repair. GENERAL REQUIREMENTS 1. This request and the firm's response will be a part of the contract. 2. The City reserves the right to reject proposals if they are deemed unsuitable to the City's needs. Late or incomplete proposals will not be considered and the City reserves the right to determine the completeness of all proposals. 3. Consulting firms are responsible for all costs incurred in responding to this Request for Proposal. 4. The project personnel named in the proposal shall work on this assignment through completion and no other personnel shall be used unless replacements are approved in writing by the City. 5. The selected firm must agree to indemnify, hold harmless, and defend the City from any and all liability or loss resulting from any suits, claims, or actions brought against the City which result directly or indirectly from the wrongful or negligent actions of the consultant in the performance of the contract. 6. The consultant shall at its own cost and expense procure and maintain general liability and error's and omission insurance in an amount determined by the City. Such insurance shall be procured from an insurer authorized to do business in California and approved in writing by the City. In addition the consultant shall obtain worker's compensation insurance covering all employees as required by law. Throughout the term of the contract, the consultant shall deliver to the City satisfactory evidence that the insurance has been renewed and that the required premiums have been paid. NOTE: This Section subject to City Attorney final review and approval. 7. The consultant shall provide no services for any private client project within the corporate boundaries of the City which would or could be subject to review by the City during the period the contract is in effect. 8. The consultant will be required to comply with all existing State and Federal labor laws including those applicable to equal opportunity employment provisions. 9. The City reserves the right to negotiate special requirements and propose service levels using the selected proposal as a basis. Compensation for services will be negotiated with the selected firm. 10. Disclose all pending and past litigation your firm has been involved in as a party. List each case's complete caption that indicates all plaintiffs and defendants, the name and location of the court, case number and disposition. FORMAT FOR RESPONSES Consultants are required to adhere to the following format in their proposals: 1. Letter of transmittal. 2. Executive summary. 3. General company information including number of employees, location of company headquarters and branch offices, number of years in business, and organization, disciplines and staffing. 4. Provide a description of the branch office service this proposal including number of employees, location, organization, disciplines, and staffing. 5. If any subcontractors are to be used in the performance of this project, they must be identified. 6. A minimum of three references where similar work is presently being performed including the City Manager's name and telephone number. 7. A description of the consultant's understanding of the City's needs as well as a detailed plan demonstrating how the consultant will satisfy these needs. 8. An organization chart for the consultant's team to be assigned to the City is to be supplemented by an explanation of the particular individual's related experience and qualifications with resumes in the proposal appendix. 9. Spread sheet showing the consultant's estimated charges on a work program task basis. For each task, the level of effort in person -hours and the full loaded hourly rate of consultant staff assigned to the tasks must be shown. Also, for each task shown, estimated charges for non -personnel items, such as travel, telephone, postage, reproduction, etc. Charges as travel, telephone, postage, not be broken-down by category or shown on a per unit basis. Enclose a copy of the firm's present hourly rate schedule. NOTE: The City intends to utilize the existing County Fee Schedule and proposals should clearly indicate what percent of costs associated with consultant services will be offset by those fees collected. 10. Any requested qualifications or amendments to the requirements contained within this Request for Proposal. PROPOSAL SUBMISSION DATE AND SCHEDULE OF EVENTS Five (5) proposals, each signed by an authorized office of the consultant, must be received at the office of the City Manager, ROBERT L. VAN NORT no later than 12:00 noon on September 22, 1989. Address all proposals to: CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 330 Diamond Bar, California 91765 ATTN: Robert L. Van Nort, City Manager No amendments, additions, or alternates will be accepted after the above submission date. All proposals and documents submitted will become the property of the City of Diamond Bar. Anything considered to be proprietary should be so designated by the proposer. The following is a proposed schedule of the selection process: EVENT DATE Pre Conference September 5, 1989 3:00 P.M. Walnut Valley Board Room Submittal of Proposals September 22, 1989 (Noon) Interviews To Be Determined by City Council Selection of Consultant To Be Determined by City Council Contract Execution To Be Determined by City Council Implementation To Be Determined by City Council CITY OF DIAMOND BAR, CALIFORNIA ----------------------------------------------------------------- 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Telephone (714) 860-2489 REQUEST FOR QUALIFICATION FOR BUILDING AND SAFETY SERVICES The City of Diamond Bar is requesting qualifications from private consultants to provide City building and safety services. GENERAL INFORMATION The City of Diamond Bar is located in Los Angeles County and is approximately 14.77 square miles in area with a population of approximately 75,000. Diamond Bar was incorporated on April 18, 1989 and will operate under the Council/Manager form of government. The five City Council members are elected at large by the residents for staggered four year terms and serve as the City legislative, policy-making body. The Mayor is selected annually from among the Council members. The City Council holds regular public meetings at which views of interested residents may be expressed. These meetings are generally held on the first and third Tuesday of each month. The City Manager is responsible for directing City affairs as prescribed by the City Council. The City is currently contracting the srvices of the County of Los Angeles for its Building and Safety funtions. it will be necessary for the successful firm to implement a transition program from the County to the City. SCOPE OF WORK The purpose of this Request for Qualification is to select a consulting firm which would serve as City Building Official for the City of Diamond Bar. The City may select one or more firms to perform the following tasks: BUILDING OFFICIAL The Building Official shall enforce the provisions of the City's building laws and codes and make such inspections as may be required to effect such enforcement and issue permits as are required by the City's ordinances and codes. Such enforcement shall include the duties set forth in the ordinance of the City for the building Official and, in the performance of such work, the officials and building inspectors of the Building Official shall have the power and duties of Building Inspector of the City. These duties may be divided into the following categories: 1) Plan Checking The Building Official shall review the plans prepared by or on behalf of the applicant for compliance with the ordinances of the City as well as handicapped, energy regulations of the State. The Building Official shall maintain close liaison with other City departments in order that the requirements of those departments are incorporated within such building plans. The Building Official shall arrange reviews by other appropriate agencies having jurisdiction in such matters relative to the enforcement of the Fire Codes, Sanitation Codes, and Health Codes. When satisfied that all conditions of approval and the appropriate requirements of the City's codes have been met, the Building Official shall issue permits as appropriately set forth in such codes. The Building Official shall have a person available at the City Hall to issue building permits between the hours of 8:00 a.m. and 4:30 p.m. each workday unless alternate hours are approved by the City Manager. 2) Building Inspection The Building Official shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of the City's ordinances, and the Code requirements set forth on the plans for which the permit was issued. In the performance of such duties, the Building Official shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance with the appropriate City code and State law. Building Inspectors shall be available each day at a time approve by the City Manager to respond to questions relating to building inspection functions. 3) Building Rehabilitation Inspection The Building Official shall enforce the provisions of the City's building laws pertaining to substandard buildings and properties and make such inspection and issue such permits as are required. Under the direction of the City, the Building Official shall diligently pursue a Building Rehabilitation program to systematically enforce the building Rehabilitation portions of the City Code for the purpose of rehabilitating substandard properties and bringing about the timely demolition or removal of those structures which are unsightly, substandard, or unsafe and beyond repair. GENERAL REQUIRENENTS 1. This request and the firm's response will be a part of the contract. 2. The City reserves the right to reject proposals if they are deemed unsuitable to the City's needs. Late or incomplete proposals will not be considered and the City reserves the right to determine the completeness of all proposals. 3. Consulting firms are responsible for all costs incurred in responding to this Request for Proposal. 4. The project personnel named in the proposal shall work on this assignment through completion and no other personnel shall be used unless replacements are approved in writing by the City. 5. The selected firm must agree to indemnify, hold harmless, and defend the City from any and all liability or loss resulting from any suits, claims, or actions brought against the City which result directly or indirectly from the wrongful or negligent actions of the consultant in the performance of the contract. 6. The consultant shall at its own cost and expense procure and maintain general liability and error's and omission insurance in an amount determined by the City. Such insurance shall be procured from an insurer authorized to do business in California and approved in writing by the City. In addition the consultant shall obtain worker's compensation insurance covering all employees as required by law. Throughout the term of the contract, the consultant shall deliver to the City satisfactory evidence that the insurance has been renewed and that the required premiums have been paid. NOTE: This Section subject to City Attorney final review and approval. 7. The consultant shall provide no services for any private client project within the corporate boundaries of the City which would or could be subject to review by the City during the period the contract is in effect. 8. The consultant will be required to comply with all existing State and Federal labor laws including those applicable to equal opportunity employment provisions. 9. The City reserves the right to negotiate special requirements and propose service levels using the selected proposal as a basis. Compensation for services will be negotiated with the selected firm. 10. Disclose all pending and past litigation your firm has been involved in as a party. List each case's complete caption that indicates all plaintiffs and defendants, the name and location of the court, case number and disposition. FORMAT FOR RESPONSES Consultants are required to adhere to the following format in their proposals: 1. Letter of transmittal. 2. Executive summary. 3. General company information including number of employees, location of company headquarters and branch offices, number of years in business, and organization, disciplines and staffing. 4. Provide a description of the branch office service this proposal including number of employees, location, organization, disciplines, and staffing. 5. If any subcontractors are to be used in the performance of this project, they must be identified. 6. A minimum of three references where similar work is presently being performed including the City Manager's name and telephone number. 7. A description of the consultant's understanding of the City's needs as well as a detailed plan demonstrating how the consultant will satisfy these needs. 8. An organization chart for the consultant's team to be assigned to the City is to be supplemented by an explanation of the particular individual's related experience and qualifications with resumes in the proposal appendix. 9. Spread sheet showing the consultant's estimated charges on a work program task basis. For each task, the level of effort in person -hours and the full loaded hourly rate of consultant staff assigned to the tasks must be shown. Also, for each task shown, estimated charges for non -personnel items, such as travel, telephone, postage, reproduction, etc. Charges as travel, telephone, postage, not be broken-down by category or shown on a per unit basis. Enclose a copy of the firm's present hourly rate schedule. NOTE: The City intends to utilize the existing County Fee Schedule and proposals should clearly indicate what percent of costs associated with consultant services will be offset by those fees collected. 10. Any requested qualifications or amendments to the requirements contained within this Request for Proposal. PROPOSAL SUBMISSION DATE AND SCHEDULE OF EVENTS Seven (7) proposals, each signed by an authorized office of the consultant, must be received at the office of the City Manager, ROBERT L. VAN NORT no later than 12:00 noon on October 2, 1989. Address all proposals to: CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 330 Diamond Bar, California 91765 ATTN: Robert L. Van Nort, City Manager No amendments, additions, or alternates will be accepted after the above submission date. All proposals and documents submitted will become the property of the City of Diamond Bar. Anything considered to be proprietary should be so designated by the proposer. The following is a proposed schedule of the selection process: EVENT DATE Pre Conference September 19, 1989 11:00 A.M. Executive Conference Room Submittal of Proposals October 2, 1989 (Noon) Interviews To Be Determined by City Council Selection of Consultant To Be Determined by City Council Contract Execution To Be Determined by City Council Implementation To Be Determined by City Council AGENDA ITEM L CITY COUNCIL ACTION REPORT AUGUST 1, 1989 NEW BUSINESS Meeting Date Agenda Placement TO: Mayor and City Council FROM: Robert Van Nort, City Manager SUBJECT: Federal -Aid Urban (FAU) Program smazzazasssaszssassamsmssssamsmxmaazsssassaass=samzsasasssassasxa During the strategic planning workshop, the initial staff recommendation was to concur with the County's proposal. However, the Council had concerns and considered going in other directions. It is requested that you review the proposal and direct staff as necessary. Robert L. Van Nort City Manager /lb PETER F. SCHABARUM SUPERVISOR, FIRST DISTRICT August 8, 1989 BOARD OF SUPERVISORS COUNTY OF LOS ANGELES 856 HALL OF ADMINISTRATION / LOS ANGELES, CALIFORNIA 90012 (213) 974-4111 Honorable Phyllis E. Papen Mayor, City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Mayor Papen: FEDERAL -AID URBAN (FAU) PROGRAM I have discussed with the Director of Public Works your recent request for County assistance with your FAU program. I would be pleased to have the County develop, design and administer your City's FAU program with your City financing all project costs. The Director recommends the following two projects within your City for funding under the FAU program. Priority 1 2 Prol ect Diamond Bar Boulevard at Kiowa Crest Drive Scope Amount Install traffic $100,000 signals Golden Springs Drive Resurface $400,000 from Grand Avenue to Brea Canyon Road I would be willing to accept an assignment of City FAU funds to cover the reimbursable construction costs plus other City funds to finance the nonparticipating design and required matching costs. If you concur with our recommended program, please let me know and I will instruct the Director to provide your City with schedules for these projects and the required jurisdiction requests and cooperative financial agreements at the appropriate time. It is a pleasure to assist your City in the improvement of our transportation system. Very truly yours, PETE SCHABARUM Supervisor, First District PS:ad/MSDB cc: Department of Public works l,c Kartchner 49L Ch®Alct INCOR PCI RATED A DEVELOPMENT COMPANY August 10, 1989 The Honorable Phyllis Papen, Mayor City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Phyllis: Submitted for your council's consideration is a proposed coin- operated racquetball facility to be constructed at Carlton J. Peterson Park. The coin-operated racquetball concept has been done successfully in many cities usually under the name of Pay N Play. Although the Pay N Play concept was sound, they were generally financed through limited partnership syndications and with the 1986 tax law changes they lost some of their appeal. Kartchner & Chollet Inc. has re -introduced this concept with a fresh new look at a time when cities and counties are searching desperately for profit centers to replace the revenues depleted since Proposition 13, and to preserve and maintain their parks. Many cities have felt comfortable with the concepts proven income record. Kartchner & Chollet Inc. hopes to use Diamond Bar as a prototype and have since had conversation with many cities who have expressed much interest. The project consists of a 6,8715 square feet racquetball facility. The facility contains seven regulation courts and a 400 square foot utility room. The Building will be built on land leased from the City of Diamond Bar. The term is for 35 years with two 10 year options. The lease rate is 5% of the total annual gross income prorated monthly, providing that rent does not commence until January 1, 1994. In return, Kartchner and Chollet Inc. is willing to provide substantial park improvements in exchange for the initial rent abatement. Respectfu ubmitted, Chri Lancaster Repr entative of Kartchner & Chollet Inc. 100 South Vincent Avenue, Suite 500 0 Fest Covina, California 91790 0 (818) 919-3969 LEASE AGREEMENT This Agreement, entered into this 1st day of by and between the City of Diamond Bar, a municipal corporation (hereinafter the "CITY"), and Diamond Bar Racquetball Company (hereinafter "TENANT"). RECITALS WHEREAS, TENANT wishes to lease that certain real property located in the City of Diamond Bar, County of Los Angeles, State of California, which is a portion of that real property commonly known as Carlton J. Peterson Park, owned by the CITY, located on Sylven Glen Drive (hereinafter the "demised premises"); and WHEREAS, CITY desires a racquetball facility at such location; and WHEREAS, TENANT wishes to construct and operate for a term of thirty-five (35) years, plus two (2) consecutive ten (10) year extensions, at its option, under the same lease terms and conditions, such a racquetball facility. NOW, THEREFORE, CITY hereby leases to TENANT, and TENANT hereby leases from CITY, on the terms and conditions set forth below, the above-described demised premises, which property is further described in Exhibit "A", attached hereto and made a part hereof. 1. The Facility: During the term, TENANT shall use 1 and occupy the demised premises for a racquetball facility. The facility shall consist of seven (7) indoor racquetball courts, constructed according to plans and specifications to be approved by CITY. The facility shall be constructed, operated and maintained by TENANT, at no expense to CITY, and shall be designed to promote the health and recreational enjoyment of the residents of the City of Diamond Bar, provide inexpensive public recreation, and provide CITY with a reasonable income from gross receipts derived from the use of the facility. The racquetball facility and all improvements mentioned herein shall become the property of CITY upon termination of this lease as provided below. TENANT may add additional racquetball courts in accordance with paragraph 6 of this Lease, provided that once the total number of courts reaches twelve (12) in number, any addition thereafter may be denied by the CITY on the basis of the number of courts, which denial shall not be unreasonably made. 2. Term: This lease shall be for an initial term of thirty-five (35) years, beginning on , and unless sooner terminated as hereinafter provided, expiring on with an option to TENANT to extend this lease for two (2) consecutive ten (10) year terms under the same terms, covenants and conditions herein. In order to exercise either option to extend this lease, TENANT must give the CITY written notice of his election to exercise the option not later than six (6) months prior to the scheduled expiration of the term. Further, TENANT may only 2 exercise the option to extend the lease if he is not in default of any provision of this lease at the time the notice of his election to exercise the option is given to the CITY. 3. Rent: A. TENANT shall pay to CITY, as rental, starting and each month thereafter, without prior notice or demand five (5) percent of TENANT's gross annual receipts for the immediately preceeding calendar year. The gross annual receipts shall be prorated and paid on a monthly basis. Within 64 days after the calendar year 1994 and every calendar year thereafter. TENANT shall give landlord a statement of the prior calendar year's gross receipts, and a calculation of landlord's share thereof. If the payments made by TENANT for the prior calendar year are less than landlord's actual share, TENANT shall pay the deficiency with the above mentioned statement. Any over -payment by TENANT shall be credited against amounts next coming due hereunder. The same procedure shall be followed each year during the initial lease term and any extension thereafter. Notwithstanding the above, in the final year in which this lease terminates even though the term has expired and TENANT has vacated the premises when the determination of the final year's gross receipts is made any deficiency shall be immediately paid by TENANT and, conversely, any over -payment shall 3 immediately be rebated by landlord. B. TENANT's gross annual receipts shall include all receipts received by TENANT for any and all uses of the demised premises, but shall not include any sales or entertainment tax imposed by any governmental entity and separately stated and separately collected by TENANT from patrons. No license, business or income fee or tax shall not be deducted from gross annual receipts. C. In the event that the facility is reclassified under the CITY's business license tax ordinance after the effective date of this lease and as a result of the reclassification TENANT is required to pay a higher business license tax (the "post -reclassification tax") than it would have been required to pay if the reclassification had not occurred (the "pre - reclassification tax"), TENANT may withhold from the monthly rent an amount equal to the difference between the post -reclassification tax and the pre - reclassification tax. D. TENANT shall keep true and complete records and accounts of all financial transactions incident to TENANT's use of the demised premises and shall give CITY access, during reasonable hours, to such records and accounts. 4. Approval of Condition of Premises: TENANT hereby 4 acknowledges that he has inspected the demised premises prior to the execution of this lease, and hereby approves of its condition. 5. Construction: A. TENANT shall prepare, at TENANT's sole expense, all plans and specifications relating to the construction of the facility and any other improvements to be made on the premises, including landscaping and parking. B. Prior to the commencement of any construction under this lease, TENANT shall obtain CITY's written approval of the plans and specifications and shall apply for, obtain and fully comply with, at TENANT's sole expense, all permits and approvals required by CITY and by all other governmental entities. C. TENANT shall construct and pay the costs of construction of the facility and all other improvements, including, but not limited to, the cost of all plans, specifications, insurance, bonds, labor and materials. Additionally, any and all contracts entered into by TENANT relating to the facility or any other improvements shall contain the following clause: "This agreement shall in no way bind the CITY OF DIAMOND BAR, its officers, agents or employees, and under no circumstances shall the CITY OF DIAMOND BAR or any of its officers, agents or employees be 5 obligated for any costs or expenses whatsoever under this agreement, or which are in any manner connected with the subject matter of this agreement. D. TENANT shall promptly pay all bills incurred by him for all work related to the construction and maintenance of the facility and any other improvements, so that no mechanic's, materialmen's or laborer's lien shall attach to the demised premises, or any improvement thereon, and TENANT shall indemnify, defend and hold harmless the CITY and the demised premises and all improvements thereon from any such lien and all costs and expenses arising therefrom. TENANT shall maintain at all times during construction of the facility a bond under the California Civil Code to ensure the demised premises and every improvement thereon from the effect of such lien, and shall provide CITY with evidence of the same prior to commencement of construction. E. TENANT shall be entitled to place a CITY approved sign on to advertise the existence and location of the facility. Such sign shall comply with the applicable provisions of the Diamond Bar Municipal Code, and the costs connected with such sign shall be paid by TENANT. F. TENANT shall cause construction of the facility to be commenced within one hundred eighty (180) days after commencement of the term of this lease and diligently 1.2 complete such construction in accordance with all applicable governmental laws, ordinances, rules and regulations. TENANT covenants that the facility shall be completed not later than nine (9) months from the commencement of the term of this lease. The time for completion shall be extended for so long as TENANT is prevented from completing the construction because of delay caused by acts of God, shortage or unavailability of necessary materials or supplies or reasonable substitutes thereof, or other conditions which are beyond the control of TENANT. 6. Alterations: Following initial construction of the facility, TENANT shall not make any additions, except as provided in Paragraph 1 of this lease, or alterations to the demised premises without CITY's prior written consent, provided that TENANT is authorized to make minor, nonstructural alterations without such consent. All additions and alterations shall remain a part of the demised premises and be surrendered to CITY with the premises upon expiration or termination of this lease. 7. Use: TENANT shall use the demised premises for a racquetball facility, and for uses reasonably related thereto, including the sale of food and beverages from vending equipment, and for no other use without the prior written consent of CITY. TENANT shall at all times operate the facility in a commercially sound manner and shall employ his best efforts to maximize the gross receipts. At all times, the demised premises shall be used 7 in compliance with all applicable governmental ordinances, rules and regulations. The facility shall be closed between the hours of 10:30 p.m. and 6:00 a.m. of each day. At all other times the facility shall be open to the public, subject to any admission charges and other commercially reasonable and uniformly applied rules and TENANT shall not discriminate against any person on the basis of race, creed, religion, color, national origin, age or sex. TENANT shall use the demised premises so as to cause a minimum of noise or other inconvenience to the neighborhood residents, and in this regard, TENANT shall cooperate with CITY at all times to implement any reasonable recommendations by CITY with regard to the operations of the facility. 8. Security of Premises: TENANT shall provide, at TENANT's sole expense, security of the facility to the express satisfaction of CITY. 9. Inspection: TENANT shall permit CITY and its agents to enter into and upon the demised premises at all reasonable times for the purpose of inspecting the same, including the facility and all other improvements thereon. 10. Maintenance: TENANT, at TENANT's sole expense, shall keep and maintain the demised premises, including the facility and all other improvements thereon, in good and sanitary order, condition, and repair, subject to normal wear and tear, except for all landscaping on the premises which shall be maintained by CITY at no cost to TENANT. 8 11. Utilities: TENANT shall pay for all utilities, including but not limited to, water, gas, heat, lights, (excepting lighting for parking lots), power, telephone service, and other services utilities including meters supplied by CITY and utility companies to the demised premises. CITY provided services shall be granted to TENANT at the same rates as any other user of such services in the area of demised premises. 12. Property Taxes: TENANT shall pay, before delinquency, all real and personal property taxes, general and special assessments and all other fees and charges of every descriptions assessed or levied against TENANT's interest in the demised premises, including the facility and all other improvements thereon, and all taxes, assessments and other fees and charges that are levied or assessed against TENANT's personal property installed or located in or on the demised premises during the term of this lease. On demand by CITY, TENANT shall furnish CITY with evidence of such payments. 13. Sale or Assignment: A. TENANT shall not voluntarily assign or encumber his interest in the demised premises, sell, assign or encumber his interest in the facility, or sublease all or any part of the premises or facility without first according to CITY the right of first refusal to meet any bona fide offer on the terms and conditions of such offer. On the failure of CITY to meet such bona fide offer within thirty (30) days after written notice thereof from TENANT to CITY, TENANT may sell, assign, 9 encumber or sublease to the third party offeror on the terms and conditions of the offer, provided that TENANT has obtained CITY's prior written consent. CITY shall not unreasonably withhold its consent. B. Consent by CITY to assignment of this lease shall release TENANT from liability for continued performance of the terms, covenants and conditions of this lease, provided that TENANT shall not be released from any liability or obligation arising before the effective date of the assignment. 14. Insurance: During the term of this lease, TENANT shall maintain in force and effect, at TENANT's sole expense, and shall maintain on file at all times with CITY certificates for, the following insurance: A. Fire insurance, with extended coverage endorsements in common use for commercial structures, including but not limited to, coverage for damage caused by vandalism and malicious mischief, on the facility and other improvements and on all personal property connected therewith. Coverage shall be in an amount equal to at least ninety (90) per cent of the full insurable value of the facility and other improvements. If any dispute arises as to whether the amount complies with this coverage requirement, CITY may request, not more than once every twelve (12) months, that the carrier of the insurance then in force determine the full insurable 10 value, and the resulting determination shall be conclusive between the parties for the purposes of this lease. Proceeds of any fire insurance shall be used by TENANT for the repair, reconstruction or replacement of any damages insured against, provided that if TENANT makes an election not to repair or reconstruct pursuant to Paragraph 15 of this lease, the proceeds shall be payable to CITY. B. Public liability and property damage insurance in such amounts as may reasonably be required by CITY. The initial policy limit shall be for not less than five hundred thousand dollars ($500,000.00) for death of bodily injury to one person, one million dollars ($1,000,000.00) for death or bodily injury to more than one person, and property damage of not less than three hundred thousand dollars ($300,000.00). At any time, the CITY may change the required policy limits by giving TENANT not less than forty-five (45) days prior written notice of the new liability limits. All public liability and property damage insurance shall ensure performance by TENANT of the indemnity provisions of Paragraph 17 of this lease and both TENANT and CITY shall be named as co-insured. C. All insurance required by this lease shall be carried only with responsible insurance companies licensed to do business in the State of California. Each such 11 policy shall be non-assessable and shall bear an endorsement or have a rider attached whereby it is provided that the policy shall not expire or be canceled or materially changed for any reason whatsoever without not less than thirty (30) days prior written notice to CITY, by registered mail, postage prepaid, return receipt requested. 15. Damage or Destruction: If during the term of this lease the facility shall be partially damaged or destroyed by fire or other hazard, contingency, casualty, including but not limited to earthquake, or other cause or risk, including any destruction required by any authorized public authority, and excluding any damage or destruction resulting from TENANT's act, use or occupancy, or if the facility or other permanent improvement is declared unsafe or unfit for occupancy by any authorized public authority for any reason other than TENANT's act, use or occupancy, and whether or not such destruction or damage is covered by insurance, this lease shall terminate. Notwithstanding the above, TENANT may elect to repair or reconstruct the facility, at TENANT's sole expense, in which event this lease shall not terminate. If by election or otherwise, TENANT repairs or reconstructs the facility, the insurance payable as a result of the damage or destruction shall be applied to the cost of repair or reconstruction. 16. Bankruptcy by TENANT: CITY shall have the right, notwithstanding any other provision of this lease, to terminate this lease, at its option and without prejudice to any other 12 remedy to which it may be entitled at law, in equity or under this lease, immediately upon service of written notice of termination on TENANT by CITY, if TENANT should: (i) be adjudged a bankrupt; (ii) become insolvent or have a receiver of its assets or property appointed because of insolvency; (iii) make a general assignment to the benefit of any creditor; (iv) suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or (v) institute or suffer to be instituted any procedure for reorganization or rearrangement of his affairs. 17. Indemnification: TENANT shall indemnify, defend and hold harmless CITY from any claim, action, suit, loss, liability or expense, including reasonable attorney's fees, court costs and necessary disbursements, for any damage whatsoever, including but not limited to, bodily injury, death or injury to property, proximately resulting from any act or omission of TENANT, its officers, employees, agents, or contractors arising out of, or in any way connected with, the performance of this lease or any breach thereof. 18. Termination of Lease: A. In the event of any of the following defaults by TENANT, CITY may, at its option, terminate this lease: (1) The failure of TENANT to pay rent or make any other payment required to be made by TENANT under this lease, provided that TENANT has not cured such default within thirty 13 (30) days after written notice thereof by CITY to TENANT. (2) The failure of TENANT to observe or perform any other term, covenant or condition of this lease which is to be performed by TENANT, provided that TENANT has not cured such default within thirty (30) days after written notice thereof by CITY to TENANT. B. TENANT may terminate this lease under any of the following conditions, upon thirty (30) days prior written notice to CITY: (1) Upon damage or destruction of the facility, pursuant to Paragraph 15 of this lease. Prior to termination, TENANT shall return the demised premises to its original state immediately preceeding initial construction, at TENANT's sole expense, unless within twenty (20) days prior to termination CITY relieves TENANT of this duty, or any part thereof. In such event, title to any improvements remaining on the demised premises on the effective date of termination shall then vest in CITY. (2) Upon the condemnation of the demised premises or any part thereof, provided that the remaining portion of the premises and improvements thereon are rendered unsuitable for TENANT's continued use of the premises. In the event that CITY is the condemning agency, CITY shall take the entire facility. (3) At. any time during the initial one hundred eighty (180) days of this lease if: (a) TENANT reasonably determines that it is unable to obtain financing necessary to permit the 14 construction and operation of the proposed facility, or (b) if TENANT is prevented or reasonably hindered in commencing the construction of the facility by act of God or the elements, labor reasonable substitutes thereof, or applicable governmental regulations or restrictions. C. In the event of a default by TENANT permitting CITY to terminate this lease, CITY shall have the immediate right of re-entry and may remove all persons and property from the premises, in addition to all other rights or remedies CITY may have at law, in equity or under this lease. Such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of, TENANT. D. Any termination of this lease by either party shall not relieve TENANT from the payment of any sum that shall then be due and payable to CITY under this lease or any claim for damages then or theretofore accruing against TENANT hereunder. No such termination shall prevent CITY from enforcing the payment of any such sum or claim for damages or from recovering damages from TENANT for any default hereunder by any remedy provided for at law or in equity. E. All rights and remedies contained in this lease shall be construed to be cumulative, and none of them shall be exclusive of the other. Each party shall have the right to pursue any one or all of such rights and 15 remedies or any other remedy or relief which may be provided at law or in equity, whether or not stated in this lease. 19. Holding Over: If TENANT, with CITY's consent, express or implied, remains in possession of the demised premises after expiration or termination of this lease, or any extensions thereof, such possession by TENANT shall be deemed to be a month- to-month tenancy terminable on thirty (30) days notice given at any time by either party. All provisions of this lease except those pertaining to term and option to extend shall apply to the month-to-month tenancy and provided that the minimum rent for said tenancy shall be equal to the last yearly rent paid by TENANT during the term, prorated and paid on a monthly basis. 20. Surrender of Premises: The facility and all other improvements constructed on the demised premises by TENANT shall be owned by TENANT during the term. On expiration or termination of this lease, TENANT shall surrender to CITY the demised premises, including the facility and all other improvements thereon, in good condition, reasonable wear and tear excepted, whose title shall then vest in CITY. TENANT shall remove his personal property within a reasonable time thereafter. 21. No Partnership: Nothing contained in this lease shall be deemed, construed or represented by CITY or TENANT or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between CITY and TENANT. 16 Nor shall any act or acts of either CITY or TENANT be deemed to be any relationship between CITY and TENANT other than that of lessor and lessee. 22. Waiver of Breach: The waiver by CITY or TENANT of any breach of the other party of any term, covenant, or condition , contained in this lease shall not be deemed to be a waiver of any continuing or subsequent breach of the same or any other term, covenant, or condition. 23. Entire Agreement: This lease contains the entire agreement of the parties and supersedes all prior negotiations or understandings, whether written or oral. This agreement may only be amended or modified by a writing, executed by both parties. 24. Interpretation of Lease: Should construction of this lease be necessary, it is deemed that this lease was prepared by each of the parties hereto jointly and equally, and shall not be interpreted against any party on the ground that the party drafted the lease or caused it to be prepared. 25. Severance: If any term, covenant or condition of this lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this lease shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 26. Attorneys Fees: In the event any action, suit or proceeding is brought for the enforcement of, or the declaration 17 of rights pursuant to, this lease or as a result of any alleged breach of any provision of this lease, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 27. Notices: All notices permitted or required under this lease shall be in writing, and shall be delivered to the applicable party specified below, or at such other address as the respective party may approve and provide in writing for this purpose: CITY: City of Diamond Bar 21660 E. Copley Drive, Suite 330 Diamond Bar, CA 91765 Attn: Director of Parks and Recreation TENANT: Diamond Bar Racquetball Company c/o Kartchner & Chollet Inc. 100 South Vincent Avenue Suite 500 West Covina, CA 91790 Attn: Richard A. Kartchner Such notice shall be deemed made when personally delivered or when mailed, 48 hours after deposit in the United States mail, registered or certified postage prepaid, and addressed to the party as provided above. 28. Reference to Term and Facility: All references to the term of this lease shall include every extension thereof. All references to the facility shall include every addition or alteration thereto. 18 29. Time of Essence: Time is of the essence of each and every provision of this lease. 30. Captions. The captions and headings of the various paragraphs of this lease are for convenience only. 19 IN WITNESS WHEREOF, this agreement has been duly executed in duplicate originals on the date first above written. CITY OF DIAMOND BAR By Mayor Attest City Clerk Approved as to form: City Attorney 20 DIAMOND BAR RACQUETBALL COMPANY By Richard A. Kartchner Kartchner & Chollet Inc. Jonathan D. Chollet Kartchner & Chollet Inc. RESOLUTION NO. 89- A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CARLTON J. PETERSON PARK IMPROVEMENTS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for Carlton J. Peterson Park Improvements. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 2:00 o'clock P.M. on the 13th day of September, 1989, sealed bids or proposals for the Construction of Carlton J. Peterson Park Improvements in said City. Bids will be opened and publicly read immediately in the Office of the City Clerk, Suite 330, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar,'California, marked, "Bid for Construction of Carlton J. Peterson Park Improvements." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for N%1011%PAMPEM.B. 5.2MS/89 Page 4 work of a similar character in the locality in which the public work 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 are on file in the office of the City Clerk of the City of Diamond Bar, Suite 330, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or N%1011%PAMPEOD.B. 5.2B%8/89 Page 5 C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 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. N\1011\PARKSPECW.B. 5.28\8/89 Page 5A The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class B-1 contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $25.00, said $25.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $5.00 to cover the cost of mailing charges and overhead. N110111PARKSPEM.B. 5.2B%8/89 Page 5B The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this day of , 19 PASSED, ADOPTED and APPROVED by the City Council of the City of Diamond Bar, California, this day of , 19 ATTEST: City Clerk Mayor I, LINDA BURGESS, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Diamond Bar, California, at its regular meeting held on the day of , 19 , by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar, California. N11011\PAMPEM.8. 5.28\8/89 Page 5C PHYLLIS PAPEN Mayor PAUL V. HORCHER Mayor Pro Tem GARY MILLER GARY WERNER JOHN FORBING Councilmembers ROBERT L. VAN NORT . City Manager CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 330 DIAMOND BAR, CA 91765 714 -860 -CITY 714-860-2489 August 9, 1989 COUNCIL AGENDA DATE - August 15, 1989 TO: MAYOR AND CITY COUNCIL VIA: ROBERT VAN NORT, CITY MANAGER FROM: ROBERT MORGENSTERN, DIRECTOR OF MUNICIPAL SERVICES, R�� SUBJECT: CARLTON J. PETERSON PARK - APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO GO TO BID. Attached for your review and ultimate approval are the specifications and reduced copies of improvement plans for Carlton J. Peterson Park located at the southeast corner of Golden Springs and Sylvan Glen. The improvements will generally consist of the following items: clearing and grubbing (demolition); earthwork (grading); concrete work; a/c paving with base; sawcutting; retaining and decorative walls; chain link fencing; landscape planting and irrigation modifications; construction of office building addition; two baseball diamonds; two soccer fields; toe drain; storm drain; drinking fountain installations; flagpole; aluminum bleachers (Additive Alternate #1); additional planting (Additive Alternate #2); additional planting (Additive Alternate #3); playground equipment (Additive Alternate #4); park benches (Additive Alternate #5); outdoor stoves (Additive Alternate #6); waste containers (Additive Alternate #7); 181x 10' wood trellis open patio (Additive Alternate #8); conduits to accommodate future ballfield lighting (Additive Alternate #9); portable soccer goals (Additive Alternate #10); and a plant establishment period. The specifications were originally prepared for the County of Los Angeles Parks Department. They have modified to represent and protect the City of Diamond Bar. The specifications have been further modified to include some key improvement items requested by the Council (see Additive Alternates #4 through #10). The construction duration has been reduced from the County's original estimate of 150 calendar days to 95 calendar days. Based on RKA's experience in park construction, we are confident the work prescribed by these specifications can be accomplished in this time frame. The engineer's estimate for this project is $412,400.00 plus an additional $76,000.00 for Additive Alternates #1 through #10. Once the bids are received, Council will have the opportunity to pick and choose which alternatives they would like to incorporate into this project. RECOMMENDATION: It is recommended that the City Council approve the plans and specifications for Carlton J. Peterson Park and authorize staff to advertise said project with a bid date of September 13, 1989 at 2:00 p.m. 2 PLANS" Till pi mole i 1 � r cosuLrum ..rwwaN.••a �..� wn ., SYLVAN SLE COUNTY PARK RITLE SHEET T 1 GENERAL DEVELOPMENT —PHASE 2. { cl.N0.[TLP1� ='\ �o •fir r Prom. b-t�fF'pw €�rrFr •r}rrFllE'=F`:lsCl�i�RFFRfF�?F:�� > g � � , � :r=�'3:i.Fi=;;�':3�3?}SL;p�r`1iiF��F�f m � u o (j•�� �% � 33¢ ¢ EE p pn jn�lir fJi+>. �gjJ.CI P:f • Ro �' M 71i M 6.6 • _!' 1. � � r' i 1 1 y7• CYO fj' • _' � .�i•�-zzQQ yyy>y > In xEx 3gpF Z1�i�i • N Z' A � Till pi mole i 1 � r cosuLrum ..rwwaN.••a �..� wn ., SYLVAN SLE COUNTY PARK RITLE SHEET T 1 GENERAL DEVELOPMENT —PHASE 2. { cl.N0.[TLP1� ='\ I �rjaa O ® I <•<�a' .. uiNa„ .:."' � Ili 1 /�= b ,� � � iRg � rig e C O lid,1 § O 000000 1 {=_1irF�si 31e O f lfreia�{�rgt�f� FIN Ei [3 3 ►' Ilf �i) tll rlii� !iij II! 11{� I1jil 111>> 1 j I!! i; ��j'r to 1r�• 1! ! R4 't Il' 11(� i�f{ !I P�I! ��1 �ii:�! P i� j9`� i` FR;��`� 1r . 7sg� ; i I i �l� N. 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CQ a a EMKSSON ° PETERS ° TH MS uH t"iT OReFN efieeT. =AeAeenA enLn o°ri" +nes a>nn-�.oe lIeN GMe1D GfNTR"na ewMJWN GMiriAlgEA Rerf tY/66tIff GENERAL DEVELOPMENT - PHASE 2 Ol.M0.lYM� M4Q N0.N11 — }- *0 . yyyyyy F ^a 5 zF > s f t RfR YL AA LE EOUM Y PARK !CONSTRUCTION DETAILS, GENERAL DEVELOPMENT - PHASE 2 Ol.M0.lYM� M4Q N0.N11 4111 1 A ff�l �1�yj Hit k J.1 s � � � t. � , � ; � �� �-� �� �� �� � F�3 ��_ �� Ott . r lit M� iz P SYLVAN GLEN)COUNTY7ARK BASESALLBACKMGENERAL .1- 1 GENER.I.I.E.T - I. JTJF�_W�IKSSON RM �rjaa O ® I <•<�a' .. uiNa„ .:."' � Ili 1 /�= b ,� � � iRg � rig e C O lid,1 § O 000000 1 {=_1irF�si 31e O f lfreia�{�rgt�f� FIN Ei [3 3 ►' Ilf �i) tll rlii� !iij II! 11{� I1jil 111>> 1 j I!! i; ��j'r to 1r�• 1! ! R4 't Il' 11(� i�f{ !I P�I! ��1 �ii:�! P i� j9`� i` FR;��`� 1r . 7sg� ; i I i �l� N. I;f.: !, I I .1 � �{ lrlti ai �� , 1lrf rl,'I r r III' 1 g • \ 11! O .• 1� �' 'til�,�fl :rte{111'il•j;j�' (eta l� ®®®®®®mmo ooa o 000 0 I,ry,ii! i r r q, ,r ,Ir G r1 S 1 r idi'lil -a .fl 1) S� it i! I 1 �i 11 III N,,I f !,) i! li! lil I�f tI I i! '� II� If it If1Sl III i{ it III y ''y7rr ' , ri 1 �{ i I ff I II {,.1 qi N li 1. 1 < !€ II I• Ir ; 11`' ` i[ r_ :-MTVi•� ' � � S wirw�i i� ' � �� I 1 i j ; i, ; • ; IE � - ;I! f' I'I 11, (: , i , ,I . I {I , I,1 �I , ,'�+9 I 111 � , � 5; 11 i �) ,.11! tsi !j ij 1,, ISI, I,II j! II , I I rel ,till f. 1 I! li i, I I I'• I,I ,,r II; i I i h 11 I E Ilii ,I = i ,I r i ,I , ;•i i., ! . G I E 11• r 1 1 y il�.. ,i.. ��!I I I; t � I ,, Ii I� Ij � m 1 fll�I •Iiii ` ' d iry I S.lrlil;!!'IiGj cwawa,..n <.n .< RRom • •�wc,.�rr (SYLVAN OLE COUNT`/ PARK GENERAL DEVELOPMENT -PHASE 3 O).RD. Tr.•ra MEGt. RGI.•r„ GRADING/DRAINAGE & DEMOLITION DETALS d NOTES - r' e+•. aKCR c ,a,y �R oaa C 1 A ra TR MC 1114 CA R7 ORCCN OTREET, rAMDCRA, ULIrORM1A !1106 21�/6lIHOa '1�1.. L^ IKS—CON a PETERS GEl I17a7 L7 iG�lin�7 ■l7 �7 )N19U MCAMTRjrKk MCAPNTPArID CA YM7! 1N/661 it T, ITT I. gO v i Y � N O j � � • ry � 1 i iixa i � 9 }I < r r 0 �F )I I ?� :WI !I i 1 f � Ali - i,l i E € ' F �( �y j ft m g i S ;I;; 1€ E 1 1 71 D `• • 11 A p ? t i Ito �aAwA.T.Arrr tSYLVANGLEN)COUNTY PARK GENERAL DEVELOPMENT - PHASE 2 cs. RG.nu� vec. Ro.on COMFORT STATION BUILDING ADDITION wT �• �• • cNECREn JAc C E3 o• v-ou ERIKSSOIY • PETERS • THOMS Zp �' H=r 11 SII IIM EAST GREEN STREET. PA.A.E. CMnA�EA '��TS 2M f UNrq GPgTRANQMNJWN 'LTJ, IM t]� • ANS __n_L�. H I j IV / r i m aI ' SY VAN��6 EOUNTY PARK - IRRIGATION PLAN 1 OENENAL DEVELOPMENT - PMI16E 2 CN.M0.1S 1.2 Y1c. 11U.Ar11 1214 EAAT MEEI1 6TNElT. -WMA CALI—. ]IBIS... EANATRA110.�ANJWNGNlTAA11D.E ►� r- 'A _ m ;Yas; xd � I 4�i _ . r . 1 ad � 1� ' 9 E •, .o tpp g i t66� i IRU '{1' di .... - • Ito �331st • sl„+,� � . m 1101 H r ' _ m ZZ 01 z C F iiEE n $�Ti O L€ ,I eP C�+euTA1+ Aom J. PETeennssaa+1 R ARK ( YEF'Rl FR71GA7TIONIIPLANTNA�j E a,,, L3 ELEWG ENT - F, 2 . OENENAL DEVELOPMENT - PHA CP. NO.]111. EPEC.EO 11 es-ooe• c..ECKEo 1 n FAN • DFTFRR • THOMS 12N EAST aNEE11 9TNELT, PASAOMapl LIFOAtlIA 91106 )1.0 UPIINO CAmBTAAN0.6ANJUANCAPI9TPAN0_tA 926)f IN/661]13] THERE IS NO DOCUMENTATION FOR AGENDA ITEM 17 AGENDA ITEN_ CITY COUNCIL ACTION REPORT AUGUST 1. 1989 NEW BUSINESS Meeting Date Agenda Placement TO: Mayor and City Council FRON: Robert Van Nort, City Manager SUBJECT: Reclaimed Water xxsxax:axax:xsxsxaxxxxsxxsxxaxsxmexxxxsxxxasss=sssmsssxsssxssxxsaassasasxxe BACKGROUND During a recent meeting with Mr. Ed Bidwell, Manager of the Pomona Valley Water District, discussion ensued concerning reclaimed water for Diamond Bar parks and median landscape maintenance. It was the general consensus that reclaimed water is the most viable resource for keeping our landscaping green during the inevitably forthcoming drought years. However, to achieve this goal, it is necessary to prepare a hydraulic study including alternatives to secure a source of reclaimed water for the City of Diamond Bar. The study should include hydraulics due to the numerous hills, and a dependable reclaimed water source. Currently, the City of Pomona has overextended itself in providing reclaimed water to its contracted users. The alternate source would be the County of Los Angeles in conjunction with the City of Industry. The study would be prepared in concert with the Walnut Valley Water District, and upon completion a funding mechanism would be identified and the construction of the extension of the reclaimed water lines could be accomplished. It is recommended that the City Council authorize staff to work with the Walnut Valley Water District to develop a proposal to conduct a study for the delivery of reclaimed water. The cost of said study is not known at this time, however, it will be an integral part of the Council's final decision to conduct the study. Because of the importance of securing sufficient reclaimed water to maintain our medians and parks for the future, cost should not be the determining factor to deny the preparation of this much needed report. Robert L. Van Nort City Manager RLVN/pds raj RESOLUTION NO. 89- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING A REQUEST FOR YARD MODIFICATION. A. Recitals. (i) C. STEPHEN DAVIS, the property owner, has filed an application for approval of a yard modification pursuant to Los Angeles County Code Section 22.48.180. (ii) On August 15, 1989, this City Council conducted a duly noticed public hearing on said application and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RESOLVES AS FOLLOWS: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. Based upon substantial evidence presented to this City Council during the above -referenced hearing, including written staff reports, verbal testimony and development plans dated February 10, 1989, this City Council hereby specifically finds as follows: a. The proposed yard modification, to wit: increase in height of rear wall three feet two inches, is reasonably necessary as a result of the topographic features and 1 grading of the adjacent properties in order to preclude an unnecessary hardship on the property owner. b. The site is adequate in size, shape, topography, location and other factors to accommodate the yard modification and said yard modification will preclude the ability of users of the adjacent county park facilities from having direct line of sight into the residents located on the property located at 20763 E. Rim Lane, Diamond Bar, California and to mitigate noise impacts generated as a result of use of said park facilities adjacent thereto. c. The request for yard modification will be compatible with the intended character of the area. 3. The City Council finds and certifies that the request submitted for consideration is exempt from the requirements of the California Environmental Quality Act pursuant to the provisions of Section 15305 of the Code of California Regulations. 4. The extension of the northerly perimeter wall on the subject property hereby is permitted, not to exceed an extension of three feet two inches in height above existing masonry wall. The addition to the existing masonry wall shall be accomplished utilizing materials which match, in texture, color and materials the existing masonry wall on the site. 5. The construction of the extension of the masonry wall shall comply with all requirements of the Building Code of the City of Diamond Bar. 2 PASSED, ADOPTED AND APPROVED this day of August, 1989. Mayor I, LINDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of August, 1989, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar L11011%RESOYARDID.B. 6.9 3 ` y ; 1 PlanningSECTION 22.48.180 L.A. COUNTY CODs r—i=?i � tts, Dsvartmont t RA 90012 �S2;� 3punty of Los l S ` - 320 west Temple St►eet, Los Angeles. C PLOT PLAN NO. FOR YARD tlrODIFICATIO REQUEST coo AS REOUIRED BY SECTION 22MAGE0 OF THE LOS ANGELES COUNTY C Dunt C. 51 "n Lk2 (►arson. Firm m Cor9ontronl Nar*+c of App C& 91789 20763 E. Rim Tare, Walnut, Address of APPlicant fxt'n. Crtr.:tate, iol Telephone Number of Appli1213 t 628-7131 f existing outer cant wall 31211 above height o I�teld ismer masonry side walls . of the Modifrcat'on Requestcd: t will match existing ,,�,,;; f; ed hemi The p -L -W _r ; Rt,t- masumy ww+-• - —- eCL "Ll"'••—o - first floor rooms arld backyard °�° extei1S1011--- ,.,,,,r,,-,T „ark and mitigate noise. 17Ccn aai ated areal -111 LA Int 7 of Tract 44824 t alinco 1�. desorption frome� a Book 1083, LOULon'Lega' Dtsctrptron of Property reCOraeCl t T.... �,oa1Ps. State of California, as per map CM=ty a t a /U LU rte,.,.-- COILILr-y of Maus, in the Office of the County" - (Sven eooress or priUnCt from nearelt e C 5XVIPTInyo Celt—Off and Brea Canyon 'Pathfinder Road (street) between lS+ree1 I CONSEtiT o�se Signed CER'IF ICATI knowltOgt . Signed n in this statement. the �Dinission of the appGCatiO �CCOmpa Y g FOR OFFICE USE ONLY. (owner) ormation submitted is eorrsct to the best of my .V*n6 • ry that the inf a� D U►ooncantl 1e FILED FEE S RECEIPT NO. BY 1 R .onai Plamm�a � Depanrrlent o N 9aRla)r2 • 11f•01•a'a• • K a•a• �,canYs,prrieiirty NOTE 1+ s the app to rwtilr the Psannrna Drraacr Ivao donna Mr ehanat O) the Drrncrpaq rnvo Via Proausne of this ease• Schedule of Exhibits A - Pre -Existing Condition B - Existing Condition C - Proposed Modification D - Property Lines/Tract Map - Showing Legal Description and Address E - Statement of Urgency F - Consent of Neighbors b ae r i iiM I i,p4; � - ..wrap«..•rx -:>'�► . -'; �y� NONE IL lo iii! iiia ■■it iii■ Emit iiia iiia iiia iiia iiia iiia iiia ■■is ONES !RISEN MEMO iiit Esmmim iiiii■iiia M SIMON INNER ■iii ___ 4 10. V f ki �� 1 i �=�- , � ..kms-.._�.. +� ---• ....ry � y(},y s � � K .. - ....,y.- -� EXH I INT PAGE OF .ALE 11' a 40' TRACT N0. 44824 IN UNINCORPORATED TERRITORY OF THE COUNTY OF LOS ANGELES STATE OF CALIFORNIA "we - I DASHED UWe'b MITNIN'4TF%MT RIONTSOF NAY INDICATE PRO►ERTY '• LINE% fast TMs PURpa" Or CpMPVTs"a REaNIREO AREA AND TDACKSOOOO piOYNY CGOE�IyR5"01NA6E TIT6C22 a1`C4va1(lNQ My LINE OP TRACT WWSIQZ. nib XW i'al-14 L&%VAp AT MCOMANGLES ANO O11I^WAS P!R -Luo TRA= w aro0•dT w.n• uer3rnitn swyrt nu 111 n 31` �: • 1µ7j a n RIM Tri :•Tx — —�_ , - ! c. >v e• � � •• ���` $ \,,.fir ow so n 0ta s4i IT • Jm3 ►t \ 1 if112 r `. • v1`. 8/ ���� uu1 n434irr riimn c / r v \ ��' N'o'r• os_... r y '1"�./ S MILL it LANE srT ro� z z J qU)CATION or S EpT TO BE SET TRACT 11.4SIC2,M S a4Ql S•14 fi ' , ����� A O 's S . / Ne K � g s� 3 w _ 591 o :ZV s0 n & �Z a y Jva 13443324 - '• �3 i • I110 Y if .;,y �r•1 ilk 1`4309Ff s^" mum v 41` u "M ski n J; n?issi1`r 27 28 ratan Ilkus naoa?b . .�: l3:GLtA Mtt Clsi Y, G © N Eti't lnvES OP >7 MIpE EAStt>nclrT Tp Tkt Lm NMLZS amm" ru xm rA%TML O.•LTRICT sbRSTOA^ OMIN�APr4A7tNANGtS Ati0 ROAM J / GRAIN POR&M AND %Rft% "Pot%&% J / 7' furwISN N SKT T/1 SA Oar was • im151T • Y kAA-IWfr-NAcCr- AC7r-P, U% TRACT Ng 44824 In I It" �2 Xl..51 Lq 1 J I N � N � Lq F Statement of Urgency Construction of the upper wall extension is scheduled to begin and be completed the week of February 10, 1989. Prompt completion is necessary to allow bareroot landscaping to be planted before end of dormancy. Dormancy has already begun to lapse on 15 gallon -size trees already purchased. 0 _z J W J i F` d C THE UNDERSIGNED CONSENT TO THE PROPOSAL TO EXTEND AN INNER REAR WALL OF THE PROPERTY LOCATED AT 20763 EAST RIM LANE, WALNUT, CALIFORNIA TO THE SAME HEIGHT AS EXISTING SIDE WALLS (APPROXIMATELY 31 FEET ABOVE THE HEIGHT OF THE EXISTING REAR WALL) AND EXTEND EXISTING SIDE WALLS TO MEET THE REAR WALL. 20761 -East Rim Lane X07(0 9 -o7S7 -2076-5 East Rim Lane ol �7titr rte` J g� J 4</4 PH11 I I, l'A}'L \ta> w PALL.HoRCHFR \Id}or Pro TC111 GARP MMI LER GARY \%ERNER JOHN FORBING Council members GFOR(.,E- C ASWELL C i"N Manat-'er i 1 CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 330 DIANIOND BAR, CA 91765 714 -860 -CITY 714-860-2489 May 9, 1989 Estella's Shoes and Access, Manager 341 South Diamond Bar Boulevard Diamond Bar, California 91765 City of Diamond Bar Ins Dear Sir: MAY 10 1999 Rection File No. 89-108 In response to a recent complaint, an inspection has bee made at 341 South Diamond Bar Boulevard. This inspection disclosed that merchandise is displayed `d sold outside of an enclosed building on a permanent b 1 a the above location. This is not a permitted use in zone CPD and is in ati elfthe provisions of the City of Diamond Bar Zonin Or 'iAkice '} ctions 22.28.340 and 22.60.360. a' ?lease consider this a request to comply with the provi 44171s�.�°y of the Zoning Ordinance upon receipt of this letter. As you know, zoning laws are established to regulate the ue of property so as to favorably provide for the general wel'are of the public, as well -as the protection and preservation of property and neighborhood integrity. The City is hopeful that you will respond to this request as quickly as possible so as to avoid any more serious legal action. Any inquiry regarding this matter may be addressed to the Department of Regional Planning, 320 W. Temple Street, Los Angeles, Ca. 90012; Attention: Zoning Enforcement, telephone (213) 974-6453. To speak directly with the investigator, Lewis M. Cabriales, please call before 10:00 A.M. Very truly yours, CITY OF DIAMOND BAR George Caswell, City Manager 4o� )ohn O. Calas, Acting Section Head Zoning Enforcement 1DC:LMC:9at ktCEIVED d U l 1 2 198§ JAMES L. MARKMAN ANDREW V. ARCZYNSKI RALPH D. HANSON F ELLIOT GOLDMAN JEFFREY KING D. CRAIG FOX MARTHA GEISLER PATTERSON MEMORANDUM TO: FROM: DATED: RE: j -. A F 5,146' ry NUER ONE CIVIC CENTER CIRCLE P. O. BOX 1059 BREAD CALIFORNIA 92622-1059 C213) (714) 990-0901 TELEPHONE +` (213) 691-381 I Robert Van Nort, City Manager Andrew V. Arczynski, City Attorney July 21, 1989 Application of Vehicle Code Provisions to Various Tracts within the City As you recall, at the last Council meeting there was considerable discussion about applying the Vehicle Code provisions to other tracts in the community where the streets have not yet been accepted by the County of Los Angeles as complete. The Council on June 20 implemented the provisions of the Vehicle Code with respect to two of the Anden tracts; however, other tracts were not available for inclusion in that resolution. Attached, please find a copy of the list of tracts within the City (and parcel maps) which have not yet had the public improvements accepted by the County Public Works Department. Please note there are 56 unaccepted tracts and parcel maps within the community. I have discussed the matter with Councilman Miller as well as the County Planning staff, and we are simply unable to determine which, specifically, of the unaccepted tracts and maps we should be applying the Vehicle Code provisions to. Accordingly, we need to analyze all of the tracts within the City to determine whether or not the Vehicle Code provisions should be applied to them. Because of the fact that we cannot ascertain which, specifically, tracts we should aim at, the required notices cannot be mailed in time for a public hearing on the topic on August 1, 1989. +A -ROAD MTCE PE)M No. DEVEEOM ADDRESS DS447 Arciero i Sons Inc. 950 North Tustin Avenue Anaheim, California 92807 PM 8174 The Linpro CoMWY 11661 San Vicente $lvd., Suite 911 California 90049 Los Angeles, PM 8816 Diamond Har Development 1111 South Grand Avenue Diamond Bar, California 91765 Corporation PM 12738 smuis Diamond Bar Venture 1600 Dave Street Newport Beach, California 92660 PM 14512 Pacific Nwrport Properties 4299 Macarthur Blvd., Suite 100 92660 Newport Beach, California PM 15547 Biarx DavelopnWnt 20960 Gold Run Drive DiagOnd Har, California 91765 corporation PM 18722 Diad Har Investors Pil�rt e8each, California 92658 TR 31153 Presley of Southern 4600 CaenptW Drive Newport Beach, California 92660 California d TR 31850 South Country Corporation 1074 Park View Drive, suite 201 Corporation Covina, California 91724 TR 31941 South Gauntry Corporation 1074 Park View Drive, Suite 201 91724 Covina, California TR 33256 Presley of Southern P.O. Box 19672 Irvine, California 92713-4672 California TR 33636 Presley of Southern 17991 south i CaliforIrviner nia California TR 33645 Presley of Southern P.o. Box 19672 Irvine, California 92713-4672 California TR 34153 Ara Investment 2457 west Beverly Drive Montebello, California 90640 TR 35576 Bramolea Limited 3151 Amway Avenue, Suite N Costz Mesa, California 91210 `PR 35581 The Anden Group 10"14 Parkview Drive, suite, 201 (:Dvina, c_'alifornia 91724 ROAD' MTCE ADIv1 -2- 111 1 21.1 , `-j 1 ` r . 1J 1 � /1PH ADDRXS 7 TR 35754 The Anden Group 1074 Parkview Drive, Suite 201 Covina, California 91724 TR 35761 The Anden Group 1074 Parkview Drive, Suite 201 Davina, California 91724 TR 36813 The Anden Group 629 Covina Blvd. Bldg. 12, Unit C San Dimas, California 91773 TR 37034 90CA Lana Developmnt & �lin a 9 $60 Tom & country ad 68 Limited Partnership orange, TR 38454 X=riosn Savings A Loan 18831 van Karmn, Suite 400 Irvine, California 92715 TR 39679 Diaaoed Bar Business 515 South Figueroa Street I,os Angeles, California 90071 Associates TR 40387 The Anden Grp 16133 ventura Blvd. Encino, California 91316 In TR 41305 Presley of Southern 17991 South Mitchell Irvine, California 92714 California TR 42533 Presley of Southern 17991 South Mitchell Irvine, California 92714 California Tit 42534 Presley of Southern 17991 SouthCalMitchelfornia l California TR 42535 Presley of Southern 17991 South Mitchell Irvine, California 92714 california TR 42555 M.J. Brock & Sons, Inc. 265 Southifandol9orniaPh 2Ave-, Suite 230 BreTR 42556 M.J. Brock & Sons, Inc. e. , Suite 230 2655a putt Randolph Ave., BreaTR 42557 M.J. Brock & Sons, Inc. 265 Raruiolph Avenue, #230 California 92622 Brea, TR 42561 M.J. Brock & Sons, Inc. 265 South Randolph Ave., Suite 230 California 92622 ISiF.,a, TR 42563 Mobile Nodular 82-4 Scxlth Euclid Avenue RillerN.)n, California 92632 LX'VC!loRTjLnt., Inc:. ROAD MTCE ADM -3- TRACT NO. DEVEDOPER ADDRESS TR 42564 Bramelea Limited 3151 Airway Avenue, Suite N California 91210 Costa Mesa, TR 42565 Lind & tiillerud 2065 Huntington Drive San Marino, California TR 42567 d Braaielea Limited 3151 AirwaY Avenue, Suite N Costa Msa, California 92626 ?R 42568 Bramelea Limited 3151 Airway Avenue, Suite N California 92626 Costa Meea, Tit 42569 Bramelea Limited 3151 Airway Avenue, Suite N California 92626 Costa Now, TR 42570 Weatherfield Homes 1651 Bast 4th Street California 92701 SSant& Ana, TR 42571 Weatherfield banes 1651 East 4th Street 92701 Santa Ana, California TR 42572 Brawlea Limited 3151 Airway Avenue, Suite N Costa !+leas, California 92626 TR 42573 Brauelea Limited 3151 Airway Avenue, Suite N California 92626 Costa Mesa, Tit 42574 Braeelea Limited 3151 Airway Avenue, Suite N California 92626 Costa Mesa, TR 42575 Bramelea Limited 3151 Airway Avernae, Suite N Costa Mesa, California 92626 TR 42576 Bra>melea Limited 3151. AirwaY Avenue, Suite N California 92626 Costa Mesa, TR 42577 Bramelea Limited 3151 Airway Avenue, Suite N Costa, Mesa, California 92626 TR 92578 Bramelea Limited 3151 Costa n-saY California 192626 'PR 42579 Souttn Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Tit 42580 ;kxith Ccxuntry Corlxaration 1074 Parkview drive, Suite 201 91'/24 Covim-1, Celitornia FOAL• MTCE AI111 -4- TR 42581 South Country Corporation 1074 Parkview Drive, Suite 201 TR 42589 South Country Corporation Covina, California 91724 TR 42562 South Country Corporation 1074 Parkview Drive, Suite 201 TR 43162 The William Lyon Conpany Covina, California 91724 TR 42583 South Country Corporation 1074 Parkview Drive, Suite 201 TR 43435 The Anden Group Covina, California 91724 TR 42584 The ArAen Group P.O. Box 3329 Covina, California 91722 /' ✓ TR 42585 The Aman Group P.O. Box 3329 Covina, California 91724 PR 42586 The Anden Group P.O. Hoar 3329 Covina, California 91724 TR 42587 The Anden Group P.O. Box 3329 Covina, California 91724 TR 42589 South Country Corporation 1074 Parkview Drive, Suite 201 Covin, California 91724 TR 43162 The William Lyon Conpany 19 Corporation Plaza Newport, Hench, California 92660 TR 43435 The Anden Group 612 North Ort Bair Blvd. Diamond Bar, California 91765 PHYLLIS PAPEN Mayor PAUL V. HORCHER Mayor Pro Tem GARY MILLER GARY WERNER JOHN FORBING Counciltnembers ROBERT L. VAN NORT City Manager CITY OF DIAMOND DAR 21660 E. COPLEY DRIVE, SUITE 330 DIAMOND BAR, CA 91765 714 -860 -CITY 714-860-2489 August 4, 1989 Bramelea California Limited 3151 Airway Avenue, Suite N Costa Mesa, California 92626 Re: Notice of public hearing pursuant to California Vehicle Code Section 21107.5 Re: Tract Nos. 35576; 42564; 42567; 42568; 42569; 42572; 42573; 42574; 42575; 42576; 42577; and 42578 Gentlemen: The purpose of this correspondence is to provide the requisite notice set forth in California Vehicle Code Section 21107.5(c) pertaining to the above -referenced property. Please be advised that the City Council of the City of Diamond Bar has scheduled and will conduct a public hearing on August 15, 1989, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Board Room located at 880 South Lemon Road, Diamond Bar, California. The purpose of the public hearing is to determine whether or not to enact a resolution, pursuant to the provisions of California Vehicle Code Section 21107.5, applying the provisions of the California Vehicle Code to all privately owned and maintained roads and streets encompassed by the above -referenced tracts. Based upon the documents and records of the City of Diamond Bar, it would appear that Bramelea California Limited, is the owner of the streets and roads within the above -referenced tracts. Accordingly, please be advised that does have certain rights pursuant to the provisions of 21107.5(b) to render any proposed ordinance or resolution enacted under that code section inapplicable to any roads or streets located within your tract. W U W C* J W FQ- Z 0 � a m J LU H Q v IA LL p O W _H Z I Q J® aQ S y 0 TTLL W J � 2 W a 3 O N CL d C Oly N O m a V z m 7 iy�N acm m•. mm� e[� m, oM �W •sCog 40 X mr a W AMU 'u icomZEgy° Z c-fVt IIOHCJQ N 0 aU• • �_ w nen w 4 Tsm :2naa _os b�n09 es .& 0"),"A .,,. c Talaphona (213) 474-6446 PROJECT No. 89187 AGENDA ITEM PUBLIC HEARING DATE August 15,1989 Cases Conditional Use Pertit City of Diamond Bar "N Diamond Bar I r u -egational Church OWNER Congregational Conference of So. Cal. & the Southwest REPRESENTATIVE NONE I'I:T ' ontinue the operation of a pre-school facility with extended day care r 110 children. -T� ZONED DISTRICT ADDRESS 2249 South Morning Canyon Road San. Jose COMMUNITY Diamond Bar Morning Canyon Road EXIBTINGZONING R -3 -8000 -IU r... E __ _ . IFxISTINGLAND USE SHAPE 3 . ` AC Church and pre-school irregular TOPOGRAPHY level to sloping SURROUNDING LAND USES 6 ZONING North Condominiums East Condominiums Condominiums and single Condominiums and single South famil re idential West family MAXIMUM DENSITY CONSISTENCY GENERAL PLAN DESIGNATION COUNTYWIDE Diamond Bar U3 6.1-12.0 DU/AC AREA i COMMUNITY ENVIRONMENTAL STATUS Categorical Exemption (Class 1) DENSITY DESCRIPTION OF SITE PLAN Two 1 -level classroom buildings = 2970 sq. ft. and 53 2160 sq. ft. church sanctuary = 3707 sq. ft. Total parking = spaces. 5 ft. high chain link fencing. KEY ISSUES - Does not meet current parking requirement of 8)5 spaces. Staff Recommendation: Approve subject to conditions. Attachments: Applicant's letter Dept. of Public Works letter Assembly occupant Load C4ftA, Az# vw pl n►ora +Wca is h9Ldra4 use oipposlta side) —o — ­ ww w 9rY! TO BE COMPLETED ONLY ON C.wsea IV 11 "I'll v, . rvw..N _ -• -- -- - STAFF CONTACT PERSON RPC HEAR NG DATES) RPC ACTION DATE RPC REOOMMENDATION MEMBERS VOTING AYE MEMBERS VOTING NO MEMBERS ABSTAINING STAFF RECOMMENDATION (PRIOR TO NEARING) SPEAKERS' PETITIONS LETTERS ` (0) (F) (p) (F) 1(0) • (0)= Opponents (F) M Favor N THE DEPARTMENT OF REGIONAL PLANNING COUNTY OF LOS ANGELES NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT CASE NO. PC 89187 The City Council of Diamond Bar will conduct a public hearing on a request to continue the operation of a pre-school facility with extended day care sponsored by the Diamond Bar Congregational Church at 2249 South Morning Canyon Road, Diamond Bar. The subject property is located within the R -3-8,000-1U (Limited Multiple Residence) Zone of The City of Diamond Bar. This case does not affect the zoning of surrounding property. If you are unable to attend the public hearing but wish to send written comments, please write to the Department of Regional Planning at the address given below, Attention: Ms. Estela Figueroa. You may also obtain additional information concerning this case by phoning Ms. Figueroa at (213) 974-6446. If the final decision on this proposal is challenged in court, testimony may be limited to issues raised at the public hearing described in this notice, or by written correspondence delivered to the City Council of Diamond Bar, at or prior to, the public hearing. DATE OF HEARING: TIME OF HEARING: LOCATION OF HEARING: CASE MATERIALS: `/IGlNITY MAP NOT la SC -^J -E Tuesday, August 15,1989 7:00 p.m. 880 South Lemon Avenue Diamond Bar, CA 91765 Are available for review during regular office hours, at: Department of Regional Planning Hall of Records, Room 1346 320 West Temple Street Los Angeles, California 90012 AND Will be available beginning August 5, 1989 at: Diamond Bar County Library 1061 S. Grand Avenue Diamond Bar, CA 91765 Diamond ear Congregationa.'Charch D.B.C. Children's Canter .y.+' UNITED CHURCH OF CHRIST ri %6 2249 MORNING CANYON ROAD, DIAMOND BAR, CAUFORNIA 91765 DR. JOSEPH M. MURPHY SANDRA OCAMS Pastor Children's Center Director (714) 861.4735 (714) 861-8230 July 28, 1989 Dept. of Regional Planning 320 W. Temple St. Los Angeles, CA 90012 Attn: Ms. Figueroa; This in response to the Notice of Incomplete Filing of May 17, 1989. Questions From Notice Question 1. For how many children are you currently licensed by the state? Do you propose any change? Answer. We are currently licensed for 110 children. However, we operate at a maximum capacity of 95 children because that is all the classrooms will legally handle. Question 2. What is the maximum number of staff on the site at any one time? Answer. The maximum possible number is 20. This includes 14 teachers and assistants, the school staff of 3, and the church staff of 3. It is almost inconceivable that all would be here at the same time, but it is possible. Question 3. Do you propose any•.changes in the operating conditions set forth in Conditional Use Permit 1339 -(1), in 1978? Answer. Yes. We propose reducing the number of parking spaces to 53, based on a maximum load of 240 people in the sanctuary, which is the use that produces the largest number of people at one time. Since on a 5 to l ratio this reduces to 48 parking spaces, the 53 we now have is in excess of our needs. Very -IT-ru y Yours, "-1" Leonard J. Matteson, Jr. Treasurer LM/cs CULVER HEA'1ON, EA.I.A. ' THOMAS ZARTL, A.I.A. AND ASSOCIATES • ARCHITECTS 774 NORTH LAKE AVENUE, PASADENA, CALIFORNIA 91104 • (818) 791-1936 NORMAN A. WOODS, JR., ASSOCIATE July 28, 1989 Dr. Joseph Murphy Diamond Bar Congregatibnal Church 2249 Morning Canyon Road Diamond Bar, California 91765 Subject: DIAMOND BAR CONGREGATIONAL Diamond Bar, California Dear Pastor: The layout of your sanctuary worshiping in the round is 195 chairs. If you need any addi'tibnal informatibn, please do not hesitate to call upon me. yours, VAI�0� Stiver Heaton, F.A.I.A. CH:pr July 7, 1989 TO: John Schwarze Zoning Administration Department of Regional Plan ing FROM: Tom Hoagland Road/Sewer & Water Section Department of Public Works CONDITIONAL USE PERMIT 89-187 We have reviewed the subject case in the Diamond Bar area in the vicinity of Diamond Bar Boulevard and Morning Canyon Road. The following conditions are recommeded: Dedicate the right to restrict vehicular access to Diamond Bar Boulevard. Install street lights on Diamond Bar Boulevard to the Department of Public Works' satisfaction. Repair any damaged improvements after buildings are constructed. Conditions for the subject permit should conform to those recommended for Tract No. 35554. The applicant shall construct or enter into a secured agreement with the Los Angeles County Department of Public Works to construct the afore- mentioned conditioned improvements prior to the issuance of a building permit or this permit shall be subject to revocation. RLJ:tg L-2 / ASSEMBLY OCCUPANT LOAD 'To be completed by Department of Public Works -Building & Safety. The submitted plans have been reviewed and the assembly occupant load determined as indicated above. This determination is for proposed parking requirements only and does not exempt the Applicant from Compliance with any plancheck, permit or inspection requirements under County Ordinance. DETERMINATION OF ASSEMBLY OCCUPANT LOAD — PARKING TYPE OF OCCUPANCY s' ASSEMBLY OCCUPANT LOAD BY (PRINT NAME) FbR*uTAAJ. SIGNATURE • DATE w DIST0O8"'"wnt of Prot works L 6Y NX JUL 2 8 1989 Return one copy of this signed form and one Exhibit A to Regional Pfanning. M or PROPOSED MINIMUM* DETERMINED* AREA USE OCCUPANT OCCUPANT OCCUPANT LOAD LOAD LOAD - 1467 cHA�Ft age ag./ �yx/7=a38 awe- 9 . a 96 PROPOSED OCCUPANT LOAD MINIMUM OCCUPANT LOAD FOR DESIGN PURPOSE=• v TOTAL ASSEMBLY OCCUPANT LOAD r1� DETERMINED BY COUNTY ENGINEER - 'To be completed by Department of Public Works -Building & Safety. The submitted plans have been reviewed and the assembly occupant load determined as indicated above. This determination is for proposed parking requirements only and does not exempt the Applicant from Compliance with any plancheck, permit or inspection requirements under County Ordinance. DETERMINATION OF ASSEMBLY OCCUPANT LOAD — PARKING TYPE OF OCCUPANCY s' ASSEMBLY OCCUPANT LOAD BY (PRINT NAME) FbR*uTAAJ. SIGNATURE • DATE w DIST0O8"'"wnt of Prot works L 6Y NX JUL 2 8 1989 Return one copy of this signed form and one Exhibit A to Regional Pfanning. M or DRAFT CONDITIONS CONDITIONAL USE PERMIT CASE NO. 89187 Page 1 1. Unless otherwise apparent from the context, the term "permittee" shall include the applicant and any other person, corporation, or other entity making use of this grant. 2. This grant shall not be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed at the office of the Department of Regional Planning their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. 3. The permittee shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code Section 65907. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 4. This grant will expire unless used within two years from the date of approval. A one year time extension may be requested before the expiration date. 5. This grant will terminate August 15, 1999. 6. If any provision of this grant is held or declared to be invalid, the permit shall be void and the privileges granted hereunder shall lapse. 7. The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. DRAFT CONDITIONS CONDITIONAL USE PERMIT CASE NO. 89187 Page 2 8. Notice is hereby given that any person violating a provision of this grant is guilty of a misdemeanor. Notice is further given that the City Council may, after conducting a public hearing, revoke or modify this grant, if it finds that these conditions have been violated or that this grant has been exercised so as to be detrimental to the public health or safety or so as to be a nuisance. 9. This grant allows the continued operation of a church and pre- school facility with extended day care for 118 children subject to the following restrictions as to use: a. A minimum of 86 parking spaces shall be provided on the site. All parking spaces shall be designed and stripped according to City standards. b. The maximum number of students attending the day nursery shall not exceed 110 children at any given time. C. The hours of operation shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday. d. This grant shall supercede Zone Exception Case 9115-(1), Conditional Use Permit Case 719-(1), and Conditional Use Permit Case 1339-(1). e. The pre-school shall comply with all licensing require- ments of the State of California. Copies of these requirements shall be provided by applicant to the City. 10. Fifteen copies of a revised plot plan, similar to Exhibit "A" as presented at the public hearing and conforming to such of the following conditions as can be shown on a plan, shall be submitted for approval of the Director of Planning: a. Show and dimension all required parking. The property shall be developed and maintained in substantial conformance with the approved Exhibit A. All revised plot plans must be accompanied by the written authorization of the property owner. DRAFT CONDITIONS CONDITIONAL USE PERMIT CASE NO. 89187 Page 3 11. The subject property shall be developed and maintained in substantial compliance with the plans on file marked Exhibit "A". In the event that subsequent revised plans are submitted the written authorization of the property owner is necessary. 12. All requirements of the Zoning Ordinance and of the specific zoning of the subject property must be complied with unless otherwise set forth in these conditions or shown on the approved plans. 13. The subject facility shall be maintained in compliance with requirements of the Los Angeles County Department of Health Services. Adequate water and sewage facilities shall be provided to the satisfaction of said Department. 14. Upon receipt of this letter, the permittee shall contact the Fire Prevention Bureau of the Los Angeles County Forester and Fire Warden to determine what facilities may be necessary to protect the property from fire hazard. Any necessary facilities shall be provided as may be required by said Department. 15. Dedicate to the County of Los Angeles the right to restrict access to Diamond Bar Boulevard. 16. The permittee shall install street light and building improvements along the frontage of the subject property on Diamond Bar Boulevard to the satisfaction of the Los Angeles County Department of Public Works. 17. Complete or guarantee completion of all requirements of Conditions 15 & 16 to the satisfaction of the Department of Public Works before obtaining building permits or issuance of new Conditional Use Permit. 18. All structures shall conform with the requirements of the Division of Building and Safety of the Department of Public Works. JRG:EF:js/89187.con L268- PS 19-84 LOS ANGELES COiAN-ry LLrRGRAM IMPACT ANALYSIS KEVIN D. JONES —pato May 22,1_989 No TOI VARIENCES & PERMITS ENVIRONMENTAL DOCUMENTATION F10111 CASE NO - 89 -187 CUP The staff of the Impact Analysis Section rreviewedas above iateenvironmental mentioned project to determine the app P document. It is our opinion that the project qualifies for a Categorical Exemption since it meets eseacrteriandiclass ass 1 Set for of theCCounty of the State EIR. Guidelin Guidel ines. uestions regarding the above determination or , If you have any q lease contact KEVIN D. JON environmental preparation, P act Analysis Section RPA II of the Impact at (213) 974-6461. This project qualifies for the categorical exemption for the following reasons; 1. This is a continuation of existing use, previously approved per CUP 1339- 2. No changes in structures nor expansion of uses are proposed. Fg;mhb CATEGORICAL EXEMPTION ll/� TEE( EPARTMENT OF REGIONAL PLA' :NG COUNTY OF LOS ANGELES NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT CASE NO. PC 89187 The City Council of Diamond Bar will conduct a public hearing on a request to continue the operation of a pre-school facility with extended day care sponsored by the Diamond Bar Congregational Church at 2249 South Morning Canyon Road, Diamond Bar. The subject property is located within the R -3-8,000-1U (Limited Multiple Residence) Zone of The City of Diamond Bar. This case does not affect the zoning of surrounding property. If you are unable to attend the public hearing but wish to send written comments, please write to the Department of Regional Planning at the address given below, Attention: Ms. Estela Figueroa. You may also obtain additional information concerning this case by phoning Ms. Figueroa at (213) 974-6446. If the final decision on this proposal is challenged in court, testimony may be limited to issues raised at the public hearing described in this notice, or by written correspondence delivered to the City Council of Diamond Bar, at or prior to, the public hearing. DATE OF HEARING: TIME OF HEARING: LOCATION OF HEARING: CASE MATERIALS: vIG1N1TY MAP NOT 70 CC -4& -LW Tuesday, August 1, 1989 7:00 p.m. 880 South Lemon Avenue Diamond Bar, CA 91765 Are available for review during regular office hours, at: Department of Regional Planning Hall of Records, Room 1346 320 West Temple Street Los Angeles, California 90012 AND Will be available beginning July 22, 1989 at: Diamond Bar County Library 1061 S. Grand Avenue Diamond Bar, CA 91765