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HomeMy WebLinkAbout09/19/1989Neat Resolution No. 85 Neat Ordinance No. 26 September 19, 1989 DIAMOND BAR CITY COUNCIL Ail1l�►�� W.V.U.S.D. BOARD ROOM THANK YOU FOR NOT SMOKING, DRINKING OR EATING IN THE COUNCIL CHAMBER CLOSED SESSION 5:30 p.m. - Grand Avenue Litigation Government Code Section 54966.9 REGULAR SESSION CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Papen ROLL CALL: COUNCILMEN FORBING, MILLER, 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. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members for the public to directly address the Council on items of interest to the public that are not already scheduled for consideration on this agenda. Please complete a sneaker's card )green in support of an issue yellow in opposition to an issue and give it to the City Clerk There is a five minute maximum time Limit when addressing the City Council CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. Current 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 Counclmember only 1. SCHEDULE FUTURE MEETINGS - A. September 21, 1989 - General Plan Citizens Planning Committee Workshop - 6:30 p.m. - Ramada Inn. B. September 27, 1989 - Ad Hoc Committee for Solid Waste - 7:30 p.m. - Ramada Inn. 2. WARRANT REGISTER - Approve the warrant register dated September 19, 1989 in the total amount of $715,877.02. 3. PROCLAMATIONS - PROCLAIMING THE MONTH OF SEPTEMBER 1989 AS "ADJUSTABLE WRENCH FOR GAS METER SHUT-OFF MONTH" IN CONJUNCTION WITH THE YEAR-LONG EARTHQUAKE SURVIVAL PROGRAM IN SOUTHERN CALIFORNIA PROCLAIMING THE MONTH OF OCTOBER 1989 AS "AIDS AWARENESS MONTH" IN DIAMOND BAR PROCLAIMING THE WEEK OF JANUARY 8-18,1990 AS "MARTIN LUTHER KING, JR. WEEK" Recommended Action: Approve Proclamations 4. SUPPORTING THE ACHIEVEMENT OF A "COMPLETE COUNT" FOR THE 1990 CENSUS - Recommended Action: Adopt Resolution No. 89 - supporting the achievement of a "complete count" for the 1990 census and encouraging all cities and counties to actively participate in the achievement of a statewide "complete count." 5. EXONERATION OF STORM DRAIN/DRAINAGE IMPROVEMENTS SURETY BOND - Request by County of Los Angeles for reduction of surety bond guaranteeing completion of storm drain/drainage improvements to Private Drain No. 1812 Unit II, Tract No. 42580. Recommended Action: Accept completion of storm drain/drainage improvements and reduce surety bond by $650,00. 6. EXONERATION OF ROAD IMPROVEMENT BONDS - Request by County of Los Angeles for exoneration of road improvement bonds for Tract Nos. 40387 (vicinity of Golden Springs and Sylvan Glen), 42557 (vicinity of Longview Drive and Grand Avenue), 42565 (vicinity of Grand Avenue and Shotgun Lane), 42567 (vicinity of Grand Avenue and Longview Drive). Recommended Action: Accept completion of road improvements and release bond. 7. EXONERATION OF SANITARY SEWER IMPROVEMENT BONDS - Request by County of Los Angeles for exoneration of surety bonds for sanitary sewer improvements, Private Contract No. 10602, Tract No. 42574 and Private Contract No. 10612, Tract No. 42575. Recommended Action: Accept completion of sanitary sewer improvement, accept the sanitary sewers for public use and release surety bonds. 2 8. RESOLUTION 89 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PERTAINING TO "ABSTAIN" VOTES Recommended Action: Adopt Resolution No. 89 - XX pertaining to "abstain" votes. 9. RESOLUTION 89 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPOINTING A CITY ENGINEER AND SUPERINTENDENT OF STREETS - The County of Los Angeles has been providing the services of Acting City Engineer and Acting Superintendent of Streets in order that the City could be property administered since incorporation on April 18,1 989. Requests for Qualifications were obtained and a City Engineer and Superintendent of Streets has been chosen. Recommended Action: Adopt Resolution No. 89 - XX and authorize execution of an agreement with Ron Kranzer and Associates for Engineering Services. 10. AWARD OF BID FOR PURCHASE OF PHOTOCOPIER - Bid opening for purchase of a photocopying machine was held on Tuesday, September 12 at 11:00 a.m. Five sealed bids were received and comparisons were made based on compliance with specifications, warranties and service. Recommended Action: Award bid for purchase of a photocopier machine to be delivered to the new City offices on October 2, 1989 to Copymasters for a Konica Model 5503 copying system in an amount not to exceed $11,798.10. 11. PURCHASE OF COMPUTER SYSTEM - The specifications drafted for purchase of a computer system were withdrawn from the Agenda on August 29, 1989 to allow further time for review by the City Council,and local consultants. Enhancements have been made to the specifications following recommendations made by the consultants. Recommended Action: Authorize staffto advertise, accept bids and award a contract to the lowest responsible bidder for purchase of a computer system. 12. AMERICAN FLAG DISPLAY - Staff was requested to look into the possibility of purchasing and installing American flags on Southern California Edison poles on selected streets and locations in the City during patriotic holidays. Recommended Action: It is requested that the City Council authorize: a. Purchase of 100 American Flags from Congressman Dreier's office b. A contract with Southern California Edison Co. C. A contract with Diamond Bar Veterans' of Foreign Wars, in concert with the Pomona. Chapter, to install and maintain the flags d. That the initial installation be limited to that area designated as the "Ranch Festival Route" 13. ENGINEERING SERVICES - Chino Hills Parkway Recommended Action: Authorize JayKim Engineering to perform engineering services for plan check and construction of Chino Hills Parkway within the City of Diamond Bar. Fees shall not exceed those generated and paid for by the County of San Bernardino. 14. PURCHASE OF CITY VEHICLES FOR PARKS AND MAINTENANCE STAFF - the City Council previously authorized funding for vehicles to be used by the Parks and Maintenance Department. These vehicles will be used in day-to-day parks administration and it is proposed that they be full-size pick-up trucks. Recommended: It is recommended that the City Council authorize staff to accept bids for the purchase of two (2) full-size pick-up trucks for use by Parks and Maintenance staff. SPECIAL PRESENTATIONS - Proclamations, certificates, etc. 15. PRESENTATION OF CERTIFICATES OF APPRECIATION TO WALNUT VALLEY RECREATION SUMMER PARKS PROGRAM LEADERS 16. DONATION OF A RADAR MONITORING DEVICE - The Diamond Bar Rotary Club, in an effort to provide assistance and education to the community, is donating a radar display board to the City. The display board will be situated at key sites to inform motorists of their respective vehicle speeds. It is not intended to be used by the Sheriffs Department. Mr. Al Flores of the Rotary Club will make a presentation. 17. CITY LOGO - Presentation by Councilman Forbing NEW BUSINESS 18. RESOLUTION NO. 89 - XX: TO APPROVE THE FIGHT GRIDLOCK ORDINANCE AND EXPENDITURE PLAN - The Los Angeles County Transportation Commission is requesting the City to support the placement on the ballot of the Fight Gridlock and Expenditure Plan for voter approval. The plan calls for an addition 1/2 cent sales tax. They are requesting additional sales tax to fund the proposed plan. Recommended Action: Adopt Resolution No. 89 - XX approving the fight gridlock ordinance and expenditure plan with the understanding that it is for the purpose of placing the matter on the ballot and that in the fixture, Council will make the determination whether it supports the additional 1/2 cent tax in concept. 19. RESOLUTION 89 - XX: INTENTION TO CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM - As part of the standard procedures adopted by PERS, this resolution is required setting forth the City's intention to contract with PERS. This Resolution summarizes the major provisions of the contract. Recommended Action: Adopt Resolution No. 89 - XX regarding intention to contract with the Public Employees' Retirement System. 4 W 20. ORDINANCE NO. XX (1989) - AN ORDINANCE OF THE CITY OF DIAMOND ADOPTING THE CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM - This Ordinance is also required by PERS as standard procedure to affirm the City's intention to execute the contract attached to the Ordinance as an exhibit. Recommended Action: Approve Ordinance No. XX (1989) adopting the contract with the Public Employees' Retirement System. 21. PURCHASE/LEASE OF NEW TELEPHONE SYSTEM - Staff will be relocated to new offices on October 2, 1989. It is necessary to acquire equipment that will meet the needs of a permanent office. Recommended Action: The City Manager will make a recommendation during the meeting. 22. PURCHASE OF OFFICE FURNITURE Recommended Action: Authorize entering into a contract with Armstrong & Associates for purchase of office furniture for new City offices. OLD BUSINESS: 23. PROPOSAL FOR SCHOOL YEAR RECREATION PROGRAM - Walnut Valley Recreation proposes to amend its existing contract with the City to provide for a school year after-school park program at six parks, Youth Flag Football and Basketball programs, a Halloween Program at Heritage Park and a Parent Participation Preschool at Heritage Park beginning in January. Recommended Action: Approve the Recreation Proposal by Walnut Valley Recreation and allocate $66,004. 24. RESOLUTION NO. 89 - XX: APPROVING THE GRANT APPLICATION FOR GRANT FUNDS UNDER THE COMMUNITY PARKLANDS ACT FOR CARLTON J. PETERSON PARK - The County of Los Angeles applied for and received a Community Parkland Act of 1986 grant for the construction of Peterson Park. In order to transfer these funds to the City of Diamond Bar, a resolution must be adopted approving the application. Recommended Action: Adopt Resolution No. 89 - XX approving the application for grant funds for Carlton J. Peterson Park. 25. CONSTRUCTION OF PHASE II OF CARLTON J. PETERSON PARK - The lowest bid received exceeded the budgeted amount. Therefore, Kramer and Associates will be making a presentation for the City Council to consider options. These include: 5 THERE IS NO DOCUMENT FOR AGENDA ITEM 2 .w `% Date Warrant # Invoice Ven_lor Nare A000unt # Diannnd Bar Post Office Payroll Ac mart Pearson Oldswbile 6359 Acta BackElow & Chlor. Svc. 20987 Avednack Co. Ins. Bro}l-xs 130836 Better Business Corp Plunbing BioC. Cle -George W. Brusher, P.E. Lyfnda Burgess CA Contract Cities Assn Dauaae Cal.leros John B. Craig, CPA 36952 Copy Masters 121661 Copy Mastas 37505 Copy Masters 20888 Diamond Bar Stationers 20983 Diarond Bar Stationers 21006 Diarord Bar Stationers General Tele}-nne Hammy & Associates Hawkins, Delafield & Wood Int' 1 Inst of Mni Clerks 89-18-30 Jobs Available 1001 Landscape Maint Cb. 1313 Landscape Maint Co. 1302 Landscape Maint Co. 1304 Landscape Maint Co. 1303 Landscape Maint Co. League of Calif Cities 35C LA County Fire Dept 36C LA County Fire Dept 70093 L.A. Sheriff's Uepartment L.A. Sheriff's Dep rtrnent L.A. Sheriff's Depart-mnt Markran, Arczynski, Hanan & Goldrnn Marlin, Arczynski, Hanson & C0ldran TcmW Nice Torry Nice Payzhex Public Biployees Retiremr t System dc6842 Progress Bulletin San Gabriel Valley Assoc of Cities San Gabriel valley Assoc of Cities S�W,1719San Oriel Valley Tribune SM-1713San Gabriel Valley Tribune S;VP-1808San Gabriel valley Tribune Security Pacific Nat'l Bank Arum Description $102.44 Postage 10,000.00 Payroll - 8/12 & 8/25/89 12,740.48 City Manager's Car 200.00 'fest 8 Backflow Devices 6,182.90 Gen Liab Policy - LIA #39 265.00 Install New Valve/Push Pl 36.00 1 Yr. Sutscription 5,875.00 Speed Zom Survey 8.75 Postage - Express Mail 10.25 C.M./Adninistrators Mtg - 285.39 O"A Medical Rehb. (9/8 4,500.00 Prof Svcs- my 302.89 Copier Service 162.43 Copier Service 294.58 759.90 Copier Service 93.21 Stationery Supplies 63.84 Stationery Supplies 63.59 220.64 Stationery Supplies 647.07 #860-2489 period thru 8/2 5.00 Job Ata 5,000.00 Bond Cbunsel Services 100.00 Mship Duos 66.40 Ad for Planing Director 5,934.00 L&r]scsps Svc July/&g IL 167.00 Repair Mainline breaWBra 8,376.03 Ground Mainteaar::e 4,512.00 landscape Maint. 3,300.00 22,289.03 landscape Maint. 875.00 League Conf - San Francis 38,178.08 WildLard. Fire Prot. 4/18 52,596.75 90,774.83 Wildlarrl Fire Prot. 7/1 - 167,549.50 Contract Services - Jul 8 167,549.50 Contract Services - Aug 8 167,549.50 502,648.50 Contract Services - Sept 4,422.00 Prof Services - Aug 89 567.00 4,989.00 Prof Services - Grand Ave 64.46 Office Supplies 3.00 67.46 1 Doz Doughnuts 106.30 Payroll 208.00 Pctuarial Valuation Servi 14.64 Asa - Bids for Copy Machin 350.00 89-90 Amual Dues 19.50 369.50 STAG Dinner - 9/21 - Por 20.34 Ped - Bids for Carlton Pet 11.87 Ash -. Bids for Vehicle ll.87 44.08 Psi - Bids for Pbot000py M 749.68 5204-0007 3410-3172 - Van .0- --, Date farrc-rit # Invoice Vendor Mare A000uat # Security Pacific Nat'l Bank Seidler Fitzgerald 114505 Sir Speedy 114799 Sir Speedy So. Cal. Edison So. Cal.. Edison So. cal.. Cis Cb. Robert L. Van Nort 5 Walrut Valley U.S.D. Walnut Valley Water District Wala t Valley Water District 11565 Western City Wildish, MlBffa, & Nialis WSJ r a TV 4• I • as �• Amult Description 430.60 1,180.28 5204--M7-3410-3685 - Pap 8,192.77 Fin. Advisory Services 0.94 Oopies 108.81 109.75 Certificates of Recogniti 114.84 Electric Service 131.00 Electric Service - August 24.76 Gas - 19-3918-210-0032-3 12.76 Breakfast W/Cbt=ilmea 462.00 City ODuacil Nxg Rxm Ran 8,305.72 Water 2,756.55 Water - 7/3 d ru 9/6 312.00 Plaming Director Ad 24,883.03 Prof. Services AGENDA ITEM f/ CITY COUNCIL ACTION REPORT SEPTEMBER 19, 1989 CONSENT Meeting Date Agenda Placement TO: Mayor and City Council FROM: Lynda Burgess, City Clerk SUBJECT: Purchase of Computer System BACKGROUND. Staff has explored a number of computer systems relative to current and short-term future needs of the City. In addition, a great deal of time has been spent in discussing our needs with officials from other cities who were involved in selecting computer hardware and software and with consultants provided by various members of the City Council. It has become apparent during all of these discussions that the City's current needs could best be met using a microcomputer format with four personal computer workstations linked together for word processing capability. In addition, one "dummy" terminal will be needed for the accounting functions, for which the purchase of CAS Software was authorized on July 11, 1989. The CAS system requires a Xenix Operating System; however, all other uses by City staff will require DOS. This configuration of hardware will allow both operating systems to be used. In addition, it can be expanded and upgraded in the future to meet other needs as the City grows and additional services are provided to the citizens of Diamond Bar. Therefore, a Request for Proposals has been prepared and upgraded pursuant to recommendations by City Council and consultants. RECOMMENDED ACTION It is recommended that the City Council authorize the purchase of computer hardware as outlined on the attached Request for Proposals at the government purchase price. LYNDA' tURGESS, CMC City Clerk Attachment F _ 7 S T A F F R E P O R T American Flag Display Staff Report ISSUE: Purchase of American Flags; installing brackets on selected Southern California Edison "marblelite" overhead light posts on Diamond Bar Blvd., Grand Ave., Golden Springs Drive and/or other preferred areas for flag display during patriotic holidays; and post event storage. BACKGROUND: In previous years, cities which proposed and participated in this type of program had to perform interagency liaison on legalities and consider liabilities (both direct and indirect) . General procedures must be followed for the satisfactory completion of this type of project namely: 1. a) Submit to Southern California Edison the "numbers" on the exact poles to be used for flag display (to be ascertained after selections; exhibit #5, page 6) b) Complete an application for approval form with SCE for the City's project. c) Establish a License Agreement Contract with SCE (exhibit #5). 2. Send courtesy copies of above information to Los Angeles County Department of Public Works for their file. 3. Locate a company that sells American Flags and provides initial installation of hardware. 4. Locate an organization to retrieve and store flags when not in use, and participate in later placements/ retrievals. FACTS: James Huntley, P.E. Los Angeles County Department of Public Work was contacted and requested formality copies of our agreement with Southern California Edison. He remarked that the City should use a hold harmless agreement with subcontractors to preclude liability claims should an incident occur in or surrounding the flags display. Bob Imhof, area manager of SCE, was contacted about the proposed project and relayed information needed and provided a sample license agreement contract for the City (Exhibit #5). He also advised careful considerations of liabilities by the City. Dick Hubbard of "American Decorating Company" said his company can provide flags, hardware and do initial installation of breakers (refer to Exhibit #2 for cost breakdown). r � , STAFF REPORT Page 2 John Wallace of "American Flag and Banner Company" said his company can provide flag display hardware (refer to Exhibit #7 for item cost breakdown). Joe Sherry of Flag Maintenance and Replacement Company said his company can provide the full comprehensive program from installation to maintenance to storage. The flags can be purchased or leased. (Refer to Exhibit #6 for pricing information). Bill Larkin of the Pomona Chapter of Veterans of Foreign Wars confirmed that they have the facilities to store the flags when not in use. The Pomona Chapter would also work with the Diamond Bar Chapter regarding installation. Robert Coventry of the Diamond Bar Veterans of Foreign Wars said that his chapter would place and retrieve the flags on holidays per an agreement with the City at no costs. However, the VFW does not possess equipment or training for this type of project. This could result in a compromise of safety on the public streets. There are several areas which can be used for flag displays (refer to Exhibits #3 and #4). Karen of Congressmen Drier°s office stated that the City can order flags through this office at $6.58 each. The order would take one to four weeks for delivery. The City must create a hold harmless agreement with all volunteer workers and subcontractors should they be utilized on this project (refer to Exhibit #1 regarding general information). The City Attorney would draft a specific form for this project. EXISTING CONDITION: Currently, there are no flags or brackets of any kind situated on SCE poles in the City of Diamond Bar. Furthermore, there are no agreements set forth with any vendors or organizations regarding this project. OPTIONS: Do not purchase or install American Flags on SCE poles anywhere in the City of Diamond Bar. Purchase and install flags on all SCE poles on Diamond Bar Blvd., Grand Ave. and Golden Springs Drive. Purchase and install flags on selected (or asymmetric placement) on above thoroughfares, and/or other areas. STAFF REPORT ` Page 3 Solicit service clubs' participation for flag project donations to defray costs (this would also indicate any collective public opinion). Contract out to company that specializes in flag emplacements/retrievals for multiple events as well as storage. Utilize City Parks and Recreation Department for installments/retrieval to mitigate liability problems. Lease rather than purchase flags. SUMMARY: The City is considering the purchasing and installation of American Flags on SCE poles on selected streets and locations in the City. Specified procedures must be followed to proceed with the project plans. SCE has submitted a sample license agreement (Exhibit #5). It will be designed for the City when exact project demands are in place and submitted to SCE. CONCLUSION: In consideration of the above information, if the City wishes to pursue this project, it could take several months for proper implementation. Establishing formalities, legalities (assuring compliance with hold harmless agreements), and logistical acquisition are equally important aspects of this project and deserve careful attention. These issues will take the time necessary to insure the optimum benefit to the city regarding this project. RECOMMENDATIONS: It is recommended that the City: 1. Purchase American flags and have them installed at selected locations in the City. 2. Establish an agreement with SCE. 3. Consider "Flag Maintenance and Replacement Company" if an expeditious flag placement is requested. 4. Utilize service clubs/organizations for the flag project (this will involve some time for coordination and liabilities review). 5. Have the City Attorney draft a hold harmless form for contractors/volunteers. STAFF REPORT EXHIBIT #1 INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall be allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. STAFF REPORT EXHIBIT #2 Flag Installation And Item Cost Breakdown The line items below illustrate approximate costs for implementation of the American flag display program. [Be advised the "American Decorating Company" was highly recommended by surrounding cities and organizations and can provide bracket installation with corresponding first time flag placement for a one time fee]. Here is the breakdown as provided by American Decorating Company: 1. Nylon material, 3x5, American flag $22.40 each 2. Installations $ 7.50 per pole 3. 6 foot flag pole $ 7.00 each *4. Bracket $ 5.60 each *5. Band for bracket $ 2.50 each If the City elects to display a single flag per light post the approximate cost would be $45.00 per light post. *For a twin flag arrangement $80.00 per light post. As one can see the total expenditures can vary upon number of displays and style there of. STAFF REPORT EXHIBIT #3 Areas Of Interest For Flag Display 1. Copley Drive up to City Hall from Golden Springs Be advised that these are the total number of poles for the specified areas. The numbers and areas can be amended to the desires of the city and to include expansion areas. Based on this exhibit, costs would exceed $9,000 for single flag displays per 200 light poles and $16,000 for a twin flag display. 22 light poles on the East side 23 light poles on the West side 2. Golden Springs West of Copley Drive 12 light poles on South side of the street 3. *Gateway Center Drive to City Hall 25 light poles on East side 25 light poles on west side 4. Golden Springs northbound from Copley Drive 20 light poles 5. Grand Ave. from Golden Springs to Diamond Bar Blvd. 19 light poles 6. Diamond Bar Blvd. South of Grand Ave. to Mountain Laurel 25 light poles on West side 14 light poles on East side 7. westbound on Grand Ave. from Diamond Bar Blvd. to Golden Springs 12 light poles 8. *Diamond Bar Blvd. North of Grand Ave. to Clear Creek Canyon 6 light poles on West side 6 light poles on East side 9. *Grand West of Golden Springs to 57 freeway 6 light poles on North side 6 light poles on South side *Option areas outside Ranch Festival Parade Route Be advised that these are the total number of poles for the specified areas. The numbers and areas can be amended to the desires of the city and to include expansion areas. Based on this exhibit, costs would exceed $9,000 for single flag displays per 200 light poles and $16,000 for a twin flag display. STAFF REPORT EXHIBIT #4 Flag Emplacement Expansion Areas Outside of Festival Parade Route 1. State Route 57 and Diamond Bar Blvd. Northbound Diamond Bar Blvd. to Alpha Beta store shopping center 17 poles on West side of street 11 poles on East side of street 2. Golden Springs and Diamond Bar Blvd. Northbound Diamond Bar blvd. (Cold Springs Rd to State Route 60) 10 poles on South side of street 11 poles on North side of the street. 3. Northbound Diamond Bar Blvd Sunset Crossing to Highland Valley Road 4 poles on West side of street 22 poles on East side of street 4. Golden Spring North to Grand 5 poles on West side of street 7 poles on East side of street 5. Golden Springs South to Diamond Bar Blvd. (The Village) S poles on West side of street 9 poles on East side of street LICENSE AGREEMENT THIS AGREEMENT, made and entered into this 'day of , 1988, by and between Southern lCalifornia Edison Company, a corporation, hereinafter called 'Company" and the City of . I . a political subdivision of 'the ,State of California, hereinafter called "City". WHEREAS, City has jurisdiction of certain highways and has the right to regulate the use of such highways; an "''HEREAS, Company has installed Company owned ornamental marbelite and steel street light standards with underground wiring at various locations within said City at request oflCity; and WHEREAS, City desires a license to place flag holder attach- ments and appurtenances on said street light standa�ds; and WHEREAS, Company is agreeable to allow City to jnstall Company approved flag holder attachments and appurtenances on said street light standards under a license. NOW, THEREFORE, in consideration of the premises and the mutual understandings and obligations of the partie as herein- after set forth, Company and City hereby agree as fellows: 1. Company hereby, subject to the terms and conditions provided in this agreement, licenses and permits City or its authorized agent for City to install, maintain, use, repair, renew, and remove certain Company approved flag holder attach- ments and appurtenances on Company owned ornamental marbelite and steel street light standards in accordance with the following: (1) Flags to be displayed shall not be larger than 4 feet by i.. 5 feet and the flag poles not longer than 8 feet. (2) The flags are mounted so as to provide adequate clearance from traffic and from all electrical facilities, and secured in the holder to avoid dislodging by wind. (3) Attachment shall be stainless straps. No holes shall be punched, drilled or burned in the ornamental pole. 2. Except as otherwise herein provided, the use by City of such street light standards as herein contemplated shall be with- out charge or expense to City. 3. Whenever City desires to place said attachments on Company owned street light standards, City shall file the necessary application and plans with Company for its approval. i" City or its authorized agent shall commence and complete all approved attachments as promptly as possible. Failure to complete the installation within the time prescribed by Company on any application automatically revokes the right to place such attach- ments and City shall not proceed to make such attachments without first reapplying and receiving permission. 4. No attachments shall be placed until the application for the same shall have been thus approved. Before commencing any installation by City forces or agent of City authorized to install said flag holder attachments and appurtenances, City shall notify representative present to inspect and approve the installation. 5. Said attachments and appurtenances shall be installed and maintained by City or authorized agent in a safe and workman- like manner in compliance with all applicable laws, regulations, ordinances and decrees of the lawfully constituted federal, state, -2- •i county, or city legislative bodies, administrative agencies or tribunals pertaining thereto, including General Order No. 95 of the Public Utilities Commission of the State of California, and any supplements thereto or revisions thereof. 6. Should Company determine that it is necessary to relocate or replace a street light standard on which a flag pole attachment is in place, City or agent of City shall, upon reason- able notice from Company promptly relocate, replace or transfer said attachment to a substitute street light standard as required. 7. City shall indemnify and hold harmless Company against all loss expenses, claims, actions, causes of action, damages, costs or liabilities, directly or proximately resulting from or caused by the installation, operation or maintenance of said attachments and appurtenances on said street light standards. 8. The failure of Company to enforce any provision of this agreement or the waiver thereof in any instance shall not be construed as a general waiver or relinquishment on its part of any such provisions, but the same shall nevertheless be and remain in full force and effect. 9. Unless sooner terminated by mutual written agreement, this agreement shall continue in effect for a term of one year from the date hereof and from year to year thereafter. This agreement may be terminated by either party hereto at the end of any succeeding annual period by written notice given not less than sixty (60) days prior to the end of said term or of any succeeding annual period. In the event of such termination, City shall remove all of said flag pole attachments and appurtenances from 0 J -3- Company's street light standards. 10. The provisions hereof shall inure to the benefit of and bind the respective successor in interest, representatives, or assigns of the parties hereto; provided, however, that no assign - mens may be made without the prior written consent of the other party hereto. IN WITNESS WHEREOF, City and Company have executed this Agreement by and through their respective officers thereunto authorized as of the day and year first herein above written. CITY: COMPANY: CITY COUNCIL OF THE SOUTHERN ALIFORNIA EDISON COMPANY CITY OF ACTING FOR AND ON BEHALF BY - OF THE CITY OF T i t l eBY: ATTEST: Title: Title: ATTEST: DATE: APR 8 19$$ Title. DATE: CV . SER./ DOW APKOmLs 1Vice r.ii2,� of L -4- CD CD w m Q y r m o w Cl) CD w . 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CD k 9p .a° DDD O mCL CL N C N m N m N N a Z CD 0 m N N m 6-00 n N p CA Q A =7 x=.o —?5.0 0w ZZ x -y to g 'w Q m E r Z C 0,9z L m DDD O 3 0 OL N CD N1 'Z CD 0 N -n co Pole Locations and Numbers C/i ,AVAoV7;2F TO YOZZZ Y) —0 Ily .27 Y- yc-�9 7350/-40 .2l- o?07 #50$pb r 7 31`x7"',' q-07f.7/77Gh� 62471YCopf(f fa ,N'- 3o E' J%- ao2 9'8 I Y7 4F n16w MO #. !Y- New To !'!-.fid 7 � a 8,�'-------------- -. - .. _- �G o4C',�� /JY sf'♦PEEs'' S/G+�. 22 -%?/a V77 fE 21 --ala J77PO 2r—A ArWo2 1-4r Pole Locations and Numbers *#&, J 76 L��I uitf� 1 — 0'�3 / 3S6,3,� - zr- Ot A YIP/We 2 A10 3 a z7 - .2.4 7't69/JZE y- ,2�1GgGs'E 21- 4,07 !GVoE S'— 023/G rGY e 2 t- yo7/JYG E G-gal/G943E WY13V7,a - AY0yY7a/,E f tjVVE Y—y0y37ys-,r s�- 4yOjI,?-0E hed /o _o207 PS/ag.E JY- 56yGS73L5 07 /,O a '. "- 5/oYas"7rE /2- 7P11/0 37- YaYGS"79E Iy -- o?/r? zoo -e 3 it - yoel (sS764 6VaSS640 Js- �tYGs7&E /G-o?t4?J%03Z . V%- VOYdPrNE le -AIA -27-92-9-., _ -_ ____ y2-A.Tn ro, E zo — -Val PY IS 2/ 1/0 47a/7C Zz- e?a 7 glggo ZY''OU9 rf V, 4f ti Pole Locations and Numbers 7Z -;I 74f.. �- 73 'GSE k G -- R•7) 7/3/E /3 -- Yoe ly-�23/Cor�f/E' - Is /G - 'VOW 00 44- �2~ ri�► vV 1J STAFF REPORT EXHIBIT #6 "Flag Maintenance and Replacement Company" provides full service to cities and organizations. For twenty-five (25) flag postings the total cost would be $4,935.00. This would include installation, ten (10) holiday displays, retrieval and storage. The City would also own the flags and hardware. For a second contract year the cost would be $2,000.00 for all the above services. Entire flag display units can be replaced for $35.00 if stolen. If the City elected to lease 25 flag displays, a one year lease would be $450.00 per month with an initial $900.00 deposit ($5,400.00 total). A three year lease would be $275.00 per month and with an initial $550.00 deposit ($3,300.00 per year). 41 ' A STAFF REPORT EXHIBIT #7 The line items below illustrate costs for flag display hardware: 1. Flag bracket with set screw (to prevent wind from dislodging flag) - $5.95 each (58.50 per 100). 2. Stainless steel straps for above bracket - $3.25 each ($32.50 per 100). 3. Wooden flag pole (5 feet long) - $8.40 each with 40% discount per 100 ($50.64 cost). THERE IS NO DOCUMENT FOR AGENDA ITEM 13 CITY OF DIAMOND BAR AGENDA REPORT RArxaP 1TTNn AGENDA ITEM The City Council has previously authorized funding for vehicles to be used by the Parks and Maintenance Department. The Department currently has 2 staff members. These vehicles will be used in day to day parks administration and maintenance. The vehicles will be full size pick-up trucks. RECOMMENDATION It is recommended that the City Council authorize the purchase of two vehicles at a governmental price. ignature (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ 40,000 Budgeted Amount $ 20,000 In Account Number: Deficit: $ 20,000 Revenue Source: Portion of acquisition will be LMD's and remainder will be mid year budget adjustments. RTE;Vtrl� �BY tt `J Robert L. Van Nort Andrew L. Arczynski City Manager City Attorney Sr. Accountant BID SPECIFICATIONS 1989 or Newer Vehicles Cheverolet 3/4 ton full size two wheel drive pick-up truck 8 cylinder, 307 to 350 cubic inch gasoline engine Automatic transmission with external oil cooler Power assisted steering Power assisted brakes Heavy duty cooling system 5 full size tires and wheels Fleetside 8 foot bed External color - white Interior (upolstery) - light blue or tan Heavy vinyl full bench seat. Two (2) outside rear view mirrors (Minimum 6 1/2" x 9") Standard instrument gauges - voltage, temperature and oil pressure Beacon light - code 3 model 6105 mounted on roof center wired to switch mounted to left of steering column, fuse protected wiring No substitution. AM/FM Radio Air Conditioning BID SPECIFICATIONS 1989 or Newer Vehicles Cheverolet 1/2 ton full size two wheel drive pick-up truck 8 cylinder, 307 to 350 cubic inch gasoline engine Automatic transmission with external oil cooler Power assisted steering Power assisted brakes Heavy duty cooling system 5 full size tires and wheels Fleetside 8 foot bed External color - white Interior (upolstery) - light blue or tan Heavy vinyl full bench seat. Two (2) outside rear view mirrors (Minimum 6 1/2" x 911) Standard instrument gauges - voltage, temperature and oil pressure Rear step bumper, heavy duty, rated for class II trailer usage. Trailer hitch - hitch will be a combination pintle hook and 2" ball rated at class II. Tool box - a transverse (crossbed) metal mounted tool box shall be provided and installed behind the cab. Box will be lockable with doors on both sides and shall include a removable tool tray. Painted manufacturer's standard white color. Beacon light - code 3 model 6105 mounted on roof center wired to switch mounted to left of steering column, fuse protected wiring (No substitution). AM/FM Radio Air Conditioning AGENDA ITEM 15 CERTIFICATES WILL BE AVAILABLE AT THE MEETING FOR PRESENTATION President AL FLORES 22437 Mountain Laurel Way Diamond Bar, CA 91765 Rotary Club of Diamond Bar September 14, 1989 Hon. Phyllis Papen, Mayor Council Members City of Diamond Bar 21660 E. Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Ms. Papen and Council Members: Secretary DON NARDELLA 3333 So. Brea Cyn. Rd. Ste. 202 Diamond Bar, CA 91765 Fax (714) 594-6939 The Diamond Bar Rotary club is aware of the traffic problems facing our newly incorporated city. It is our desire to provide assistance in finding solutions to these problems. Discussions with Mayor Papen and several of the Council Members as well as with Capt. Tom Vetter, Deputy Luter and other representatives of the sheriff's Walnut Station have focused our attention on the need to control the speed of traffic passing through our community. In this regard, and as one of Rotary's Community Service projects, we would, like to present a stationary traffic radar unit with large digital screen display to the City of Diamond Bar for use by the Sheriff's Department within the city. In effect, this device would work as a large speedometer, flashing a readout of a vehicles speed as it approaches the unit and providing a non -threatening reminder when their speed exceeds the posted limits. ii30 uiaiii Jird Bar Rotary Club feels that tails unit '3L.L b force for traffic control and safety in our community pleased to offer this donation to the City of Diamond Very truly yours, ROTARY CLUB OF DIAMOND BAR A re', Presi ent "Enjoy Rotary" e a positive and we are Bar. THERE IS NO DOCUMENT FOR AGENDA ITEM NO. 17 RECEIVED AIi6 2 9 1989 CHRISTINE E. REED Los Angeles County Transportation 'J Commission 403 West Eighth Street Dear Mayor: City of Santa Monica HON. ROBERT WHITE, Alt. Earlier this summer, the Los Angeles County \ ` Transportation Commission (LACTC) held workshops and Suite 500 F LAM Los Angeles ROBERT GEOGHEGAN, Alt. tax. The draft plan, which was sent to you in early California 90014-3096 b Supervisor Los Angeles County (213) 626-0370 August 23, 1989 streets, highways, and transit -related purposes. COMMISSIONERS AND ALTERNATES RECEIVED AIi6 2 9 1989 CHRISTINE E. REED CHAIR Councilmember Dear Mayor: City of Santa Monica HON. ROBERT WHITE, Alt. Earlier this summer, the Los Angeles County EDMUND D.EDELMAN VICE CHAIR Transportation Commission (LACTC) held workshops and Supervisor requested coments on a draft expenditure plan for Los Angeles County revenues to be generated by a possible 1/2 cent sales ROBERT GEOGHEGAN, Alt. tax. The draft plan, which was sent to you in early PETER F.SCHABARUM June, was based on LACTC's highway plan, "On the Road to Supervisor Los Angeles County the Year 200011, and identified funding for local MICHAEL W.LEWIS, Alt. streets, highways, and transit -related purposes. KENNETH HAHN Supervisor Enclosed is a matrix summarizing the responses from Los Angeles County WALT ER KING, Alt. WALDEATEDANA local jurisdictions to the draft plan. As you can see, many of the comments were incorporated into the final Supervisor expenditure plan. Los,.IngelesCounty BARNA SZABO, Alt. The Commission is now requesting that your City approve MICHAEL D.ANTONOVICH the final expenditure plan in September or early October SupervisorLosngejCounty of this year. This can be done by City Council adoption JOHN T. La FOLLETTE, Alt. of the enclosed sample resolution. The resolution will TOM BRADLEY (1) indicate your city's approval of the expenditure Mayor plan and (2) request the Los Angeles County Board of CityofLosA.rgeies RAY REMY, Alt.NATE Supervisors to designate the LACTC as the transportation HOLDEN sales tax authority. Ccuncilmar City of Los Angeles According to state law, once resolutions have been HON. MICHAEL WOO, Alt. adopted by a majority of the cities representing a RAY GRABINSKI majority of the population in the county, and by the Councilman ON of Lorc Beach Board Of Supervisors, the sales tax can be placed on the HON.CLARENCESMITH, Al. ballot for voter approval. LACTC, will decide in JACKIBACHARACH November whether to request that the County place a Mavor measure on the ballot in 1990. Ci -,y ofts HON. HAROLD CROYTS,Ah, HON. AROLncho alCROYos S, Commission staff is available to discuss this issue CAROLE STEVENS CitizenRepresentacve further with your staff and present it before your City City of Los Angeles Council. Please contact Claudette Moody at (213) 236— EDUARDO BERMUDEZ, Alt. 9525 to make these arrangements. We request that once JERRYB.BAXTER Ex-OodoMember the Cit Clerk forward an your Council takes action y State ofCaliFornia official copy of the resolution to Ms. Moody at the NEIL PETERSON commission. Executive Director RECEIVED AIi6 2 9 1989 August 23, 1989 Page two We look forward to continuing to work with you on this effort and appreciate your Council's consideration of the matter. Sincerely, CHRISTINE E. REED Chair CER:BK:cmm #BK -13 Enclosure c: City Manager Director of Public Works SAMPLE RESOLUTION TO APPROVE THE FIGHT GRIDLOCK ORDINANCE AND EXPENDITURE PLAN A Resolution of the City Council of the City of approving the Fight Gridlock Ordinance and Expenditure Plan. WHEREAS, maintaining and improving the operation of our aging and deteriorating transportation system is essential to preserving our standard of living and economic vitality and current revenues are not sufficient to meet current and future needs; and WHEREAS, new street, highway, and transportation improvements of at least an additional $7.5 billion are needed for cities and unincorporated areas in Los Angeles County; and WHEREAS, approval of a one-half cent sales tax increase would generate enough revenue to finance essential transportation projects contained in the Fight Gridlock Plan; and WHEREAS, the State of California and the federal government alone cannot solve the transportation problems in Los Angeles County and local jurisdictions must develop and implement new local funding programs; and WHEREAS; Los Angeles County may forfeit as much as $1 billion over a ten-year period in new revenues generated by the proposed gas tax increase because we will not be able to match state funds available for highways, streets, and roads; and WHEREAS, the Los Angeles County Transportation Commission has developed a countywide consensus on. (1) the essential projects to adequately deal with current and anticipated traffic congestion; and (2) a proposed Fight Gridlock Ordinance and Expenditure Plan to fund the implementation of these essential projects; and WHEREAS; the Los Angeles County Transportation Commission is requesting the City of to support the placement of the Fight Gridlock Ordinance and Expenditure Plan; NOW THEREFORE, BE IT RESOLVED, that the City Council hereby approves the Fight Gridlock Ordinance and Expenditure Plan. BE IT FURTHER RESOLVED, that the City Council urges the Los Angeles County Board of Supervisors to designate the Los Angeles County Transportation Commission as the Los Angeles County LOCAL TRANSPORTATION AUTHORITY. August 22, 1989 F I N A L IAS ANGELES COUNTY TRANSPORTATION AUTHORITY 1990 FIGHT GRIDLOCK ORDINANCE (This proposition will appear on the ballot in the following form) To fight gridlock, reduce traffic congestion, improve air quality, efficiently operate and improve the condition of the streets and freeways, a one-half cent increase in the sales and use tax is proposed. A Los Angeles County Gridlock Prevention Fund will be created to supplement current transportation funds. Twenty-five percent of the revenues from the 1/2 cent sales and use tax will be used for freeway improvements to fight gridlock, reduce congestion and improve air quality by pro- viding essential county -wide transportation improvements to freeways, and state highways. New freeway lanes, interchange improvements, transitways, and carpool lanes will be con- structed. Thirty percent of the revenue from the 1/2 cent sales and use tax will be used to improve street and freeway system manage- ment. Tow Service Patrols will be established on all free- ways to quickly assist motorists and remove disabled vehicles. Full time, geographically distributed Emergency Response Teams will be established to clean up truck acci- dents and other major incidents rapidly to reduce delay. The operation of major streets and freeways will be improved, traffic signals will be computerized and coordinated and "Smart Street" corridors will be created. Thirty percent of the revenue from the 1/2 cent sales and use tax will be used by cities and the County to reduce conges- tion, increase safety and improve road conditions by repair- ing, properly operating and maintaining all public streets and traffic signals. Fifteen percent of the revenue from the 1/2 cent sales and use tax will be used to fight gridlock and reduce congestion by providing additional capital funds for Commuter Rail and the construction of Transit Centers and Freeway Bus Stops. Shall the Los Angeles County Transportation Authority be autho- rized to establish a one-half of one -percent transactions and use tax, for a period not to exceed twenty years, with the proceeds placed in a special fund solely for transportation projects and programs designed to fight gridlock? Shall the annual appropria- tions limit for the Authority's Gridlock Prevention fund be estab- lished at $2.173 Billion? PAGE TWO LOS ANGELES COUNTY TRANSPORTATION AUTHORITY FIGHT GRIDLOCK ORDINANCE AND EXPENDITURE PLAN The Los Angeles County Transportation Authority ordains as fol- lows: SECTION 1. TITLE. This ordinance shall be known and may be cited as the Los Angeles County Fight Gridlock Ordinance and Expenditure Plan. (Authority Ordinance 89-1). The Expenditure Plan is set forth in Section 2 herein. SECTION 2. EXPENDITURE PLAN PURPOSES. This ordinance provides for the implementation of the Los Angeles County Fight Gridlock Program which will halt the decay of our streets, improve the operation of our transportation system, improve commuter travel time, reduce congestion, improve air quality and add needed im- provements to our freeways and major streets. A primary objective is to link the freeways and major parallel streets into a single computer -coordinated regional system. This commitment to aggres- sive traffic management shall be funded by a one-half of one percent transactions and use tax established for twenty years. The revenues shall be deposited in a special fund and used solely for transportation projects and programs to fight gridlock. The specific projects and programs are identified in "On The Road To The Year 2000" which was adopted by the Los Angeles County Trans- portation Commission in August, 1987, and hereby incorporated by reference, including any amendments thereto. The projects and programs are also part of the Southern California Association of Governments' Regional Mobility Plan and the South Coast Air Qual- ity Management District's plan for clean air in Los Angeles County. SECTION 3. IMPOSITION OF TRANSACTIONS AND USE TAX. In addition to any other taxes authorized by law, there is hereby imposed in the incorporated and unincorporated territory of the County of Los Angeles, in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code which provisions are adopted by reference and Division 19 of the Public Utilities Code (commencing with Code Section 180000), a retail transactions and use tax at the rate of one-half of one percent (1/2%) for twenty years in addition to any existing or future authorized state or local transactions and use tax. PAGE THREE SECTION 4. REQUEST FOR ELECTION. The Authority hereby requests the Los Angeles County Board of Supervisors to place this Ordi- nance before the voters for approval on the ballot. The proposition to be placed on the ballot shall contain a summary of the transportation projects and programs and shall read sub- stantially as follows: Shall the Los Angeles County Transportation Authority be authorized to impose a one-half of one percent retail trans- actions and use tax for twenty years, with the proceeds used solely for transportation projects and programs to fight gridlock and reduce air pollution? Shall the annual appropriations limit for the Authority's Gridlock Prevention fund be established at $2.173 Billion? SECTION 5. EXPENDITURE PLAN SUMMARY. The revenues received by the Los Angeles County Transportation Authority from this Ordi- nance (estimated to be $7.5 billion over twenty years), after deduction of required Board of Equalization Costs for performing the functions specified in Section 180204 of the Public Utilities Code, and for the administration of the Los Angeles County Fight Gridlock Ordinance, in an amount not to exceed one percent (1%), shall be used for transportation projects and programs as set forth in this Expenditure Plan. A summary of the major projects and programs is provided as follows: A. SYSTEM MANAGEMENT IMPROVEMENTS. Thirty percent of the avail- able revenues (estimated $2.25 billion) will be used to improve the operation, management and flow of traffic on the freeway and street network. The following projects and on- going programs are to be funded: 1. Tow service patrols on every freeway to assist motor- ists and quickly remove disabled vehicles from traffic (to start within 60 days of implementation of the ordi- nance.) 2. Full time Emergency Response Teams to clean up truck accidents and other major incidents rapidly to reduce delay. 3. Computerized, coordinated traffic signals on all major streets (Smart Streets) to reduce stops, delay and congestion. 4. High Tech inter -agency traffic management and operations center(s). PAGE FOUR 5. High Tech traffic management and communications equip- ment including, but not limited to video surveillance, highway advisory radio, traffic advisory signs, fiber- optic communications, upgraded computer and communica- tions hardware for streets and freeways. 6. Bottleneck removal on major streets, including over - crossings. 7. Ridesharing programs. S. Transportation Management Associations. 9. Bicycle Facilities. B. LOCAL STREETS. It is the intent of the Authority that reve- nues provided from this Ordinance be used to supplement existing local revenues being used for streets and roads purposes, as well maintained streets are vital to the effective operation of our transit system. Thirty percent of the available revenues (esti- mated to be $2.25 billion) may be used by cities and the County to reduce congestion, eliminate bottlenecks on major streets, in- crease safety and improve road conditions by properly operating, maintaining and improving all public streets and traffic signals. Available funds will be allocated to eligible jurisdictions as follows: 1. Each jurisdiction will receive a basic allocation of $50,000 and the remaining funds will be allocated to juris- dictions by formula based fifty percent (50%) on current population and fifty percent (50%) on the square yards of publicly maintained street and roads. 2. Population figures used shall be the most current fig- ures available from the Department of Finance. Road yardage figures shall be the most current figures from the "on The Road To The Year 2000" which was adopted by the Los Angeles County Transportation Authority in August, 1987, including any amendments thereto. 3. Any new incorporation or annexations which take place after July 1 of any fiscal year shall be incorporated into the formula beginning with the subsequent fiscal year. PAGE FIVE C. FREEWAYS. Twenty-five percent of the available revenues (estimated $1.9 billion) will be combined with federal, state and local revenues (estimated $4 billion) for highway pur- poses over the duration of the Ordinance. Revenues shall be made available to complete the following improvements: ANTELOPE VALLEY FREEWAY (ROUTE 14) - Widen through Santa Clarita and Antelope Valleys. Modify existing and construct new interchanges. Add to Smart Street system. ARTESIA FREEWAY (ROUTE 91) - Upgrade eastbound carpool lane, add westbound carpool lane. Improve 91/605 inter- change. Add to Smart Street system. CENTURY (GLENN ANDERSON) FREEWAY (ROUTE 105) - Add to Smart Street system. CORONA FREEWAY/EXPRESSWAY (ROUTE 71) - Upgrade to full freeway. Improve 10/71 and 60/71 interchanges. FOOTHILL FREEWAY (ROUTES 30 & 210) - Extend freeway to San Bernardino County. Construct carpool lane from Pasadena to San Bernardino County line. Widen Baseline Road in interim. Add to Smart Street system. GLENDALE FREEWAY (ROUTE 2) - Improve freeway to freeway interchanges. Construct carpool lane to downtown. Add to Smart Street system. GOLDEN STATE FREEWAY (ROUTE 5) - Remove bottleneck between Simi Valley Freeway (Route 118) and Hollywood Freeway (Route 170). Construct truck climbing lanes between Route 126 and Kern County. Improve Routes 118/5, 2/5, 110/5, 10/5 and East Los Angeles inter- changes. Add bikeway along Los Angeles River. Add to Smart Street system. HACIENDA BOULEVARD (ROUTE 39) - Replace with highway. Add to Smart Street system. HARBOR FREEWAY (ROUTE 110) - Complete transitway to Los Angeles Harbor. Improve 110/10 interchange. Add to Smart Street system. PAGE SIX HOLLYWOOD FREEWAY (ROUTES 101 & 170) - Improve inter- change with Ventura Freeway. Install ramp meters. Add to Smart Street system. LONG BEACH FREEWAY (ROUTE 710) - Widen between Routes 5 and 105. Close gap (route to be determined). Extend freeway south to Ocean Ave. in Long Beach. Add to Smart Street system. PASADENA FREEWAY CORRIDOR (ROUTE 110) - Add to Smart Street system. POMONA FREEWAY (ROUTE 60) - Add carpool lane to downtown Los Angeles. Improve 4 level interchange in East Los Angeles. Add to Smart Street system. PORTS ACCESS IMPROVEMENTS (ROUTES 47 & 103) - Construct ports access improvements, including 16 railroad grade separations. Add to Smart Street system. ROUTE 1 (PACIFIC COAST HIGHWAY, LINCOLN & SEPULVEDA BLVDS.) - Add lane between Santa Monica and Malibu. Improve interchanges and signals. Install pedestrian undercrossings. Construct new overcrossing and widen tunnel near LAX. Add to Smart Street system. ROUTE 57 FREEWAY (ORANGE FREEWAY) - Add carpool lane from Orange County to Pomona Freeway (Route 60). In- stall ramp meters. Add to Smart Street system. ROUTE 126 (HENRY MAYO DRIVE. MAGIC MTN. PKWY., SAN FERNANDO ROAD) - Widen to four lanes from Newhall to the Ventura County line. Construct expressway through Santa Clarita Valley. Add to Smart Street system. ROUTE 138 ( LANCASTER RD., AVENUE D, PEARBLOSSOM HWY., ANTELOPE HWY.) - Add lanes in each direction between Routes 14 and 18. Construct new bypass north of Palm- dale. ROUTE 605 FREEWAY (SAN GABRIEL RIVER FREEWAY) - Con- struct carpool lane along entire length. Improve 10/605, 105/605, 405/605 interchanges to include direct carpool lane connections. Add to Smart Street system. PAGE SEVEN SAN BERNARDINO FREEWAY (ROUTE 10) - Extend E1 Monte Busway eastward to San Bernardino County. Add lane between Route 57 and Garey. Improve 710/10 interchange. Add to Smart Street system. SAN DIEGO FREEWAY (ROUTE 405) - Add carpool lane. Improve 101/405, 710/405 and 605/405 interchanges. Add ramp meters. Add to Smart Street system. SANTA ANA FREEWAY (ROUTE 5) - Widen entire freeway to add mixed flow and carpool lanes and rail line within existing right-of-way. SANTA MONICA BOULEVARD (ROUTE 2) - Reconstruct. SANTA MONICA FREEWAY (ROUTE 1.0) - Extend Smart Corridor Demonstration Project to Santa Monica. Improve inter- changes. S VALLEY FREEWAY (ROUTE 118) - Widen to Ventura County line. Improve 405/118 and 5/118 interchanges. Add to Smart Street system. VENTURA FREEWAY (ROUTES 101 & 134) - Add lanes. Improve 101/101, 405/101 and 5/101 interchanges. LANDSCAPING - Install landscaping where needed. SOUNDWALLS - Install where needed. D. TRANSIT. Fifteen percent of the available revenues (estimated $1.1 billion) will be used to fight congestion and reduce demand on our streets and freeways encouraging the use of alternative modes. The following projects could be funded: 1. Right -of -Way Acquisition for Commuter Rail on corridors where track exists. 2. Commuter Rail on existing track. 3. Park and Ride Lots. 4. Transit Centers. 5. Railroad Grade Separations. 6. Freeway Bus Stops. 7. To protect Right -of -Way for future transportation pur- poses. PAGE EIGHT SECTION 6. PROJECT PROGRAMMING APPROVAL PROCEDURES. It is the intent of the Legislature and the Authority that revenues provided from this Ordinance be used to supplement existing revenues being used for transportation improvements and programs. Allocation of all revenues as provided under Section 5 (A),(B),(C) and (D) are subject to the following provisions; A. SECTION 5(A) - SYSTEM MANAGEMENT IMPROVEMENTS 1. No revenues as provided for in Section 5(A)(3)(4) or (5) will be approved unless the recipient agency agrees by resolution to implement TSM measures, to the extent practicable, within its jurisdiction, including those measures identified in the Air Quality Plan adopted by the South Coast Air Quality Management District. These measures must include coordination and management of signals with neighboring cities and restriction of parking on major arterials during peak commute hours. 2. No revenues as provided for in Section 5(A)(3) or (6) will be approved unless the recipient agency agrees by resolution to fund the on --going maintenance of any such projects. Funds as provided for in Section 5(B) may be used for such maintenance purposes. 3. In the allocation of TSM funds the sales tax author- ity will take into consideration the varying needs of the geographically distinct portions of the County. In particular, the sales tax authority will consider the special needs of the jurisdictions eligible to receive state Transportation Development (TDA) Article 8 funds. (Currently these jurisdictions include the Cities of Lancaster, Palmdale, Santa Clarita, Avalon, and the surrounding unincorporated areas). Separate TSM guide- lines will be developed in cooperation with the affected jurisdictions.,, B. SECTION 5(B) - LOCAL STREETS 1. Each local agency receiving revenues pursuant to Section 5(B) shall annually maintain as a minimum the same level of local discretionary funds expended for street and road purposes as was reported in the State Controller's Annual Report of Financial Transactions for Streets and Roads- Fiscal Year 1986-87 (maintenance of effort requirement). If any local agency had extraordi- nary local discretionary expenditures during FY, it may use, as a base for determining the minimum level of local discretionary funds, the average amount of such PAGE NINE funds reported to -the State Controller for the three year period FY 1984-85 through FY 1986-87. The Author- ity shall not allocate any revenues pursuant to Section 5(B) to any eligible local agency until that local agency has certified to the Authority that it will include in its budget for that fiscal year an amount of local discretionary funding for streets and roads pur- poses at least equal to the minimum maintenance of effort requirement. a. All development impact fees used for capital transportation projects are excluded from the maintenance of effort base. b. The Commission may, on appeal by a local agency, adjust the maintenance of effort base. 2. All eligible local agencies must adopt and implement a Pavement Management Strategy. Revenues from the first year of funding may be used to prepare such a plan. 3. During the first year of the ordinance, any local agency may trade any, or all, accumulated excess local return Proposition A (transit) funds for an equal amount of additional local street funds. Such traded funds are not included in the maintenance of effort base, but are subject to the requirements of Section 5 (B)(5). 4. Any eligible local agency may be permitted to trade to the Authority up to 50% of its annual allocation of local return Proposition A (transit) money for an equal amount of additional local street funds. a. Local agencies must certify that they are maintaining at least the same level of local tran- sit funding as the average of the three year period FY 1984-85 through FY 1986-87. b. The Authority may, on appeal by a local agency, adjust the maintenance of effort base for local transit. C. Traded funds are not included in the mainte- nance of effort base, but are subject to the re- quirements of Section 5 (B)(5). 5. All eligible local agencies will be required to spend the revenue that they receive within three years. Unexpended funds, upon audit, must be returned and will be reallocated to other jurisdictions. PAGE TEN 6. All allocations and expenditures under Section 4(B) shall be subject to annual audit. C. SECTION 5(C) - FREEWAYS 1. No revenues as provided for in section 5(C) shall be allocated for any State highway projects until the Authority has certified that Los Angeles County is receiving at a minimum its fair share of highway funds from the state. The determination of fair share shall consider all relevant factors including the degree to which Los Angeles County is receiving it statutory county minimum funding for all budgeted, expended and programmed state and federal highway funds. The poli- cies and project approval actions of the California Transportation Commission and Caltrans will also be reviewed to insure that Los Angeles is receiving full consideration in the allocation of any additional uncom- mitted state and federal highway funding. Part of the certification shall include a finding that the state has not reduced any state highway allocations to Los Angeles as a result of the addition of any local revenues as provided herein. This certification shall be made annually in the Regional Transportation Improvement Program. 2. If, prior to the start of any fiscal year, the Authority does not make the certification finding required in Section 5 (C)(1.), then, except for previous commitments the Authority may redistribute the remaining revenues for purposes as provided in Section 5 (A) and (B) 3. If the Authority finances the construction of high- way facilities by the issuance of bonds or any similar financing device, the Authority shall first allocate the funds necessary to meet all debt service requirements prior to making any redistribution of funds as provided in Section 5 (C)(2). 4. Once any state highway facility or usable portion thereof is constructed to at least minimum acceptable state standards, the state shall be responsible for the maintenance and operation thereof. PAGE ELEVEN 5. All highway projects funded with revenues as pro- vided in this Ordinance must be consistent with the SCAG Regional Mobility Plan and the South Coast Air Quality Management Plan for the SCAG Region. All projects shall be programmed, as appropriate in the five year Regional Transportation Improvement Program. Project priorities or phasing shall also be consistent with the SLAG Regional Mobility Plan. The Expenditure Plan shall be reviewed on a biennial basis to coincide with the biennial update of the Regional Mobility Plan required by State law. The Expenditure Plan shall be amended as necessary to maintain consistency with the SCAG Regional Mobility Plan. 6. All state highway improvements to be funded with revenues as provided in this Ordinance, including proj- ect development and overall project management, shall be a joint responsibility of Caltrans and the Authority. All major project approval actions including the project concept, the project location, and any subsequent change in project scope shall be jointly agreed upon by Cal- trans and the Authority and, where appropriate, by the Federal Highway Administration and/or the California Transportation Commission. D. SECTION 5(D) - TRANSIT 1. Revenues as provided for in Section 5(D)(1) are to be used for right-of-way, construction, rolling stock, operating expenses or related purposes. 2. Revenues as provided for in Section 5 (D)(1) (2) (3) (4) (5) and (6) are to be used solely to supplement existing local, state and federal revenues. 3. All revenues generated by Section 5 (B)(3) shall be placed in a separate fund and allocated by the Author- ity, to be used to improve the quality of bus service. SECTION 7. PRIVATE SECTOR FUNDING. Revenues provided from this Ordinance shall not be used to replace private developer funding which has been or will be committed for any project. PAGE TWELVE SECTION 8. BONDING AUTHORITY. Upon voter approval of the ordi- nance, the Authority shall have the authority to issue bonds pursuant to Public Utilities Code Section 180200. The Authority, in allocating the annual revenues from the Ordinance, shall meet all debt service requirements prior to allocating funds for other projects. SECTION 9. ADMINISTRATIVE EXPENSES. Revenues may be expended by the Authority for salaries, wages, and benefits of Authority staff; however, in no case shall such expenditures exceed one percent of the annual revenues provided by the Ordinance. Costs of performing or contracting for project related work shall be paid from the revenues allocated to the appropriate purpose as set forth in Section 4 herein. An annual independent audit shall be conducted to assure that the revenues expended by the Authority under this section are necessary and reasonable in carrying out its responsibilities under the Ordinance. SECTION 10. ESTABLISHMENT OF SEPARATE ACCOUNTS. Each agency receiving funds pursuant to Section 5 shall deposit said funds in a separate Transportation Improvement Account. Interest earned on funds allocated pursuant to this Ordinance shall be expended only for those purposes for which the funds were allocated or shall be returned to the Authority. The Authority reserves the right to audit any such accounts established pursuant to Section 5 (A), (C) and (D). SECTION 11. IMPLEMENTING ORDINANCES. Upon approval of this Ordinance by the voters the Authority shall adopt implementing ordinances and rules and take such other actions as may be neces- sary and appropriate to carry out its responsibilities. SECTION 12. EFFECTIVE AND OPERATIVE DATES. This Ordinance shall become effective on only if a majority of the elec- tors voting on the. Ordinance at the election held on vote to approve the Ordinance. If so approved, the provisions of this Ordinance shall become operative on SECTION 13. DESIGNATION OF FACILITIES., Each project or program in excess of $250,000 funded in whole or in part by revenues from this Ordinance shall be clearly designated during its construction PAGE THIRTEEN or implementation as being provided by revenues from the measure. SECTION 14. SEVERABILITY. If any section, part, clause or phrase of this Ordinance is for any reason held invalid or unconstitu- tional, the remaining portions shall not be affected but shall remain in full force and effect. SECTION 15. ANNUAL APPROPRIATIONS LIMIT. Article XIII (B) of the California Constitution requires the establishment of an annual appropriations limit for certain governmental entities. The maximum annual appropriations limit for the Authority has been established as $2.173 billion. The appropriations limit shall be subject to adjustment as provided bylaw. All expenditures of the transactions and use tax revenues imposed in Section 4 are subject to the appropriations limit of the Authority. SECTION 16. DEFINITIONS. A. Authority. Means the Los Angeles County Transportation Commission which the Los Angeles County Board of Supervisors has designated to act as the Los Angeles County Transporta- tion Authority pursuant to Public Utilities Code 180050. B. Commission. Means the Los Angeles County Transportation Commission created pursuant to Section 130050 of the Public Utilities Code or its successor agency. C. Local Streets. Means all purposes necessary and convenient to the maintenance, operation and construction of local streets and roads. Local street and road purposes shall include all purposes allowable under Article XIX, Section 1(a) of the State Constitution. D. Highways. Means all purposes necessary and convenient to the design, right-of-way acquisition and construction of highway facilities, including all state highway routes and any other facilities designated in the Expenditure Plan. E. System Management Improvements. Means all purposes and programs necessary and convenient to improve the operational characteristics and travel on highways and streets. F. Bicycle Facilities. Means all purposes necessary and conve- nient to the design, right-of-way acquisition, and construc- tion of facilities intended for use by bicycles. Bicycle facilities shall also mean facilities and programs which help encourage the use of bicycles such as secure bicycle parking facilities, bicycle promotion programs and bicycle safety education programs. PAGE FOURTEEN G. Commuter Rail. Means commuter service provided on existing railroad rights of way. H. Smart Street System. Means computerized traffic signal and motorist information system designed to expedite the flow of traffic on streets and freeways that is jointly managed and operated by two or more public agencies. I. Bonds. Means indebtedness and securities of any kind or class, including but not limited to bonds, notes, revenue anticipation notes, commercial paper, and certificates of participation. J. Expenditure Plan. Means the expenditure plan required by Section 132302 of the Public Utilities Code -to be included in the transactions and use ordinance to be approved by the Authority. The expenditure plan includes the allocation of revenues for each authorized purpose. K. Regional Mobility Plan. Means the long-range transportation plan document required by Section 65080 of the Government Code to be prepared and adopted by the designated Transpor- tation Planning Agency which is the Southern California Association of Governments. L. Air Quality Management Plan. Means the document adopted by the South Coast Air Quality Management District designed to meet State and Federal air quality standards. All relevant Transportation Control Measures have been incorporated into the Southern California Association of Governments' Regional Mobility Plan. M. Regional Transportation Improvement Program. Means the five- year programming document required by Section 65080 of the Government Code to be prepared annually by the Southern California Association of Governments, per the Memorandum of Understanding with the Los Angeles County Transportation Authority. PAGE FIFTEEN PASSED AND ADOPTED by the Los Angeles County Transportation Authority, the day of , 1989 by the following vote: AYES: NOES: ABSENT: Christine Reed Chairman STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) I, Neil Peterson, the Executive Director of the Los Angeles County Transportation Commission, do hereby certify that the foregoing is a true copy of an Ordinance adopted by the Los An- geles County Transportation Authority on , 1989 at the time and by the vote stated above, which said Ordinance is on file in the Office of the Los Angeles County Transportation Commis- sion. 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TrT,'R-.3n,-j busluma vC W SM P.M. loral through rTj&&y , , , v=j�jjmg coBaa' obwww*d botdorc 4 ft to 1& ftddM=Ul k�;QPmArq "d lwmm thal. t& ellmnet ae rv?rAAU thm mqAxTAm- rox "altiM, proin thar4-aa w tho maUJ %e:-,4pE=wA e"arka of rwt,-vw-r to pry OTEL't prvvt1ling §nd Lw%&HWlo2 mmt rA the Hm* tbo work 6- padomad, tmd th—fidt- t:z pray t W%v =4 WY x. md. Stith TNLUSn to 41-.,a FOM4$� 0�,:%Jll wbigh wifl lvg td use! for SLY &anzes to tb* equl"mort, Nlim-1 t fla at 9b4,b4CLr—M3Mj 0j eta t N kaa p*tjod.. csmeA ti Aenm2w.-It jr *ram &ny equipmefs -r f ' *wvI61UP1 mtfl' ties I-Ankal dovimg tie to - of hk Ummmmt, C,4vtgirm, v4,. �,o pay % PreGTEL' OTEL WW ed3 kh*mntmj 7. AtvL'j ororl !qTZL =Cmm 1.0 the aqulpaAut am TNlw,*d les =Lntllm tha *qUIPMM!m. O7 ` Wme-7 ahej! n0mbl,-Ty. Gr?"- V it pm.44-w *6&L'kxUr4l mrvice cm, Ul. did bol ell*W G'l.'EL to bs-4V T&CM 0 the squipmataC a. C,--ataumw ;gh&:! P-ax"do sulzablo wlatuig #wvita sad mviec4mes'.61 wo�&Akvu 1 -*r the *Wmimn as she lwmUrd P=Pgrty, -'TE! EEHIE7, Ar-&-, A. S'80" 1T.1,' c_."L'-; 2 EXCEPT AS OTHERWISE SPEMICALLY STAT UD IN IRIS ACP2kNZNT, TEL MA",S NO i"SSOR WPLIED WAJULAJKTrZS Wrl'H RESPECT TO OTEL'S SERVICES OR TO Tn CONDITION, PZRYORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PMLP0SZ OF AM EQUIPMENT OR SOrTWARE, OR ANY OTHER MATT TE , AND RTS SOLE; LIABr"rrY HVEREUNDSR SWIZ BE TO PLACE THE EQVIPNT IN GOOD W O"ER- 112. No pmmdsma, mpresentations, &r vrmrrwt@,as have booh wodo b)r C at mli*d upon by Castamor wihvw thma thme rpoanca* asud in Q6 Agrwm*nt. 2 615, rn 0, ,his RmnlwJ A4rm-mmt ab&B be subject to and swamsd by tballawsof Ch* Stash v of 0 fa is, I 7f� 'A i 54mod by ---paalk- NAME OTS R&6oiarl Ua4Wr U�� 4rUl, %MdaM4_ _A%e b" rMd Zbd SVVNW k gk,* jW ME Lad =Md3*aoa,, fiWodW4 ththt *c Ustad &Aachummia Lad the mam hw*cd. C'USTT MPA MANZ CEL 6"?'T E Order skxmoflary Lk 14 -k-ls t"Tier . T, UP, DIAMUND T D k- NU'Tti!:F,� T�Mi� THA f' CANNO DE REN'N.", I :7 -,f, D �i -3, i k 2 -Po rl �a Qt INI o r End UssFr Ma"twrial CLOI-4102 D U, 5 (AEh) 9 2 Ncwtis tar 27 TPIEpi"�ore Armstrong Design Associates (415) 283-9692 Bonnie Scott Armstrong ASID Associate 942 Foye Drive Lafayette, California 94549 Honorable Mayor and City Council City of Diamond Bar 21660 East Copley Drive,,:quite 330 Diamond Bar, California 91765 Attention City Manager September 18, 1989 Dear Mr. Van Nort: Armstrong Design Associates, a California corporation, is pleased to be retained by the City of Diamond Bar. This letter describes the basis on which our firm will provide interior design services to you and how we will be compen- sated. Armstrong Design Associates will interview appropriate persons to establish design criteria, will Provide space planning, and will select and act as agent for purchase of furniture and related items for the offices of the Mayor, City Manager and his secretary, and the conference room located in Suite 100 of 21660 East Copley Drive, Diamond Bar, California 91765. All Proposals to Purchase shall be reviewed by the City. Armstrong Design Associates shall act on approved proposals as agent for the City, and will invoice the City at our price, including but not limited to, freight, delivery, sales tax and any storage prior to delivery, etc., Plus twenty percent (20). The City shall Prepay amounts to Armstrong Design Associates to cover all costs Prior to the placement of purchase orders. Once items have been ordered, there can be no refund. We expect prompt reimbursement for all out-of-pocket expenses incurred, e.g., travel, telephone, postage. The City agrees that Armstrong Design Associates is neither responsible nor financially liable for work performed by Others, or the materials, labor or finished goods Provided by others. Armstrong Design Associates will make every effort to have installation of goods occur according to the schedule mutually agreed upon by Armstrong Design Associates and the City, and assist the City in enforcing any remedy or warranty available to the City under law from a manufacturer, shipper, Insurer or other vendor. The City acknowledges that the services of Armstrong Design Associates are of a unique and artistic nature, and that Armstrong Design Associates reserves all rights of every kind in and to its designs. The City shall appoint a representative to act as liaison with Bonnie Scott Armstrong and to have authority to approve purchases. The City shall Promptly notify Armstrong Design Associates of any changes that affect the work or services of Armstrong Design Associates under this agreement. The City acknowledges that Armstrong Design Associates is riot an architect, engineer or general contractor. This agreement shall be governed by and subject to the laws of the State of California. Should costs be incurred by either party to satisfy the terms of this agreement, the prevailing party shall be entitled to reimbursement thereof, including expenses of litigation and reasonable attorney's fees. We will do our utmost to serve you, and represent your Interests Professionally and efficiently. You have -the right to terminate our agreement at any time, and will be responsible for our fees and costs incurred until such time. We have the right to discontinue service and to withdraw from this agreement if you fail to pay our invoices in a timely fashion, to cooperate and assist us as necessary, or if, in Our Professional judgement, we believe we cannot continue to serve you effectively. A-. it WVRWalnut Vaffey Recreation MEMORANDUM TO: Mayor Phyllis Papen Diamond Bar City Council VIA: Robert Van Nort, City Manager FROM: Christine Adams, Director of Recreation DATE: September 19, 1989 SUBJECT: Proposal for School Year Recreation Program ----------------------------------------- BACKGROUND Walnut Valley Recreation proposed earlier this year to run a free park program for the residents of Diamond Bar at seven city parks. This program was very successful, in terms of the number of participants, and did not exceed the estimated budget. The total cost for the summer program was projected to not exceed $58,776.00. The total figures for the summer program, which included staff, supplies, and administration, totalled $33,419.00. The savings were from: a) we were able to find quality personnel who worked for less than $6.50 per hour, b) our coordinator, Sherrie Johnson worked only around 20 hours a week, rather than the estimated 35 hours; c) Grow Park an Summit Ridge Park were closed temporarily due to the bee problem; and d) staff made concentrated efforts to get many supplies donated for craft activities. The attached material is an addendum that could be included with the existing contract. This addendum provides for a school year after-school park program at six parks, the Youth Flag Football and Basketball program (self- sustaining), a Halloween Program at Heritage Park, and a Parent Participation Preschool Heritage Park beginning in January. A Halloween Program will also be conducted by Walnut Valley Rcreation in Walnut, and costs for that program will be paid for by the City of Walnut. It is hoped that these two programs will provide safe alternatives for families on Halloween night. A Parent Participation Preschool was requested by the community, and after the facility is refurbished (as planned by City Council) we will advertise and provide such a program to begin in January, 1990. Equipment such as games, indoor trikes, and other play apparatus will need to be purchased, therefore the addendum indicates some costs for that program. RECOMMENDATION Approve the Recreation Program Proposal by Walnut Valley Recreation, and allocate $66,004. WALNUT VALLEY RECREATION AND CEN 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: a. Walnut Valley Recreation will also conduct the Youth Flag Football and Youth Soccer program at Heritage Park, in conjunction with the Heritage Park Recreation Council. (Contingent upon necessary insurance coverage). b. Walnut Valley Recreation will also conduct a Halloween Haunted House at Heritage Park 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 $ .50 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 initial equipment costs will be approximately $2000. TOTAL COST of program, not to exceed $66,004. EXHIBIT A 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: 1.9 Recreation Leaders at an average pay rate of $5.00 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 $8.25 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 $50 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: a. Walnut Valley Recreation will also conduct the Youth Flag Football and Youth Soccer program at Heritage Park, in conjunction with the Heritage Park Recreation Council. (Contingent upon necessary insurance coverage). b. Walnut Valley Recreation will also conduct a Halloween Haunted House at Heritage Park for the community on October 31, at a cost of $5000, which would included payroll and supplies for this event. There would be a nominal fee of approximatley $ .50 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. Start up costs will be discussed at a later date with the Parks and Recreation Commission. TOTAL COST of program, not to exceed $50479. PHYLLIS PAPEN Mayor PAUL V. HORCHER Mayor Pro Tem GARY MILLER GARY WERNER JOHN FORBING Councilmembers ROBERT L. VAN NORT City Manager t CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 330 DIAMOND BAR, CA 91.765 714 -860 -CITY 714-860.2489 September 14, 1989 COUNCIL AGENDA: SEPTEMBER 19, 1989 TO: MAYOR & CITY COUNCIL VIA: ROBERT VAN NORT, CITY MANAGER FROM: ROBERT P. MORGENSTERN, PROJECT MANAGER M�P7 SUBJECT:AWARD OF BID - CARLTON J. PETERSON PARK Formal bids for the subject project were received and opened at 2:00 p.m. in City Hall on September 13, 1989. A summary of the bids is attached, and total base bids received are as follows: General Procurement & Construction Co. $521,595.96 Hubbs Equipment & Construction Co. $526,567.30 Goodman & Peloquin $531,404.02 Marina Construction $545,885.77 Valley Crest Landscape $582,405.08 Ryco Construction $606,606.00 Wakeman - Baker, Inc. $651,000.00 Engineer & Architect's estimate was $412,400 & $410,000 respectively. It is difficult to determine the major reasons for the "high" bid, but among the strong contenders may be the busy construction period, tight "County" specifications and perhaps how the project was packaged. We feel that there may be some options leading towards a lower cost and that would be to re-evaluate the design and specification documents and even perhaps to separate out some of the specialty items under separate contracts. It is anticipated that this review will take approximately two weeks and at that time a report will be presented to the City Council that will include the various alternatives available for consideration that may include but not be limited to the following: a. Award of Contract based upon existing bids and eliminating non essential items. b. Redesign C. Separate Contracts d. Rejection of Bids e. Readvertise for bids Per the specifications and bids received, the City may take all bids received under consideration for 60 days. Award of Bid - Carlton J. Peterson Park Page 2 RECOMMENDATION: It is recommended that the City Council direct staff to review the project as set forth above and report to City Council their findings with recommendation at the next regular meeting of October 3, 1989. 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N C4' U H UJ ai H a Q 'C O y H Z N M V' ul t0 r w pl O .- N 4 N N N -TFFl CITY OF DIAMOND BAR AGENDA SCHEDULING REQUEST TO.- CITY CLERK FROM: FOR MEETING DATE: S� [ ] Consent Calendar [ ] Special Presentations [ ] Public Hearings [ ] Closed Session Unfinished Business [ ] Other [ ] New Business AGENDA TITLE:7=ftQ -__,_(� RECOMMENDED ACTION: x===c=sc=ae==xxasxsQ xc essxxccczsees=cxcexc azzsszcszx xcssszcc=zzzcz see External Distribution - name and address of applicant or others to be notified of meeting and decisi.onr A G R E E M E N T KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for the construction of Carlton J. Peterson Park Improvements. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Carlton J. Peterson Park Improvements. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is-, intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. N\1011\PWC0NTRT\D.B. 5.2B\8/89 1 3. TERMS OF CONTRACT: a. The undersigned bidder agrees to execute the contract within ten (10) working days from the date of notice of award of the contract or upon notice by City after ten (10) working days from the date of notice of award of the contract or upon notice by City after the 10 working days, and to complete his portion of the work within ninety --five (95) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of Three Hundred ($300.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date: of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract. the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall'. furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before N\1012iPWCONMM.B. 5.2B\8/89 2 commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. (2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. (3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. (4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. (5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. (6) Automobile - Property Damage 250,000 each accident.. c. Each such policy of insurance provided for in paragraph b. shall: (1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California; (2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; (3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy; N\1011\PWCONTRT\D.B. 5.2B\8/89 3 (4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: (1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shall not be canceled or altered without: thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or, present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in 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 N\1011\PWCONTRT\D.B. 5.2B\8189 4 Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 330, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, 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. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the: provisions in 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 journeymen that will be used in the performance of the contract. The ratio of apprentices to journeyment 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 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 N\1011\PWC0NMT1D.B. 5.2B\8/89 5 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 contribution 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. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit:, as a penalty to City, twenty-five dollars ($25.40) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any los: or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, N\1011\PWC0NTRT\D.B. 5.2B\8/89 6 employees of the Contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the Contractor hereunder, the Contractor agrees to pay to City any and all costs and expenses NU011\PWCONTRT M B. 5.2BN8j89 incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing and material and doing the prescribed work the unit prices set forth in accordance with Contractor's Proposal dated , 19 12. ATTORNEYS' FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date By: Nk10111PWC0NTRT\D.3. 5.2B\8(89 8 Title tle CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: City Clerk Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time N\1011\PWCONTRT\D.B. 5.2B\8/89 9 CITY OF DIAMOND BAR DEPARTMENTOFPARKS AND MAINTENANCE 21660 EAST COPLEY DRIVE, SUITE 330 DIAMOND BAR, CALIFORNIA 91765 REQUEST FOR FRANCHISE PROPOSALS TO FURNISH AND MAINTAIN BUS SHELTERS AND BUS BENCHES IN THE CITY OF DIAMOND BAR All pages of this specification are to be returned, with a narrative proposal attached which responds to the specifications, to: Office of the City Clerk City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Submittal Deadline: Date: October 2, 1989 Time: 10:00 a.m. Proposal submitted by: Name of Company Address By: Signature Name (Typed Title Contact: Charles Janiel Director of parks & Maintenance (714) 860-2489 CITY OF DIAMOND BAR STATE OF CALIFORNIA PROJECT NO. NOTICE TO VENDORS Sealed proposals will be received in the Office of the City Clerk of the City of Diamond Bar at her office in the City Hall, located at 21660 E. Copley Drive, Suite 330, Diamond Bar, California, until 10:00 a.m., October 2, 1989, at which time they will be publicly opened and received for consideration of awarding an exclusive franchise to furnish, install and maintain bus shelters and bus benches in the City of Diamond Bar in accordance with the specifications therefor. The City of Diamond Bar hereby notifies all bidders that it will affirmatively insure in any franchise awarded pursuant to this advertisement, that disadvantaged business enterprises (D.B.E.'s) will be afforded full opportunity to submit bids in response to the invitation and will not be discriminated against on the grounds of sex, race, color, or national origin in consideration for an award. CITY CLERK CITY OF DIAMOND BAR DEPARTMENT OF PARRS & MAINTENANCE REQUEST FOR FRANCHISE PROPOSALS TO FURNISH AND MAINTAIN BUS SHELTERS AND BUS BENCH] IN THE CITY OF DIAMOND BAR SCOPE OF PROPOSAL FOR CITY BUS SHELTER AND BUS BENCH PRO This is an invitation for your company to submit .a proposal to the City of Diamond Bar for the construction installation, and maintenance of bus shelters (with advertising) and bus benches (without advertising) at sp locations throughout the City. Services rendered by the franchisee will provide their services at no cost to the and with payment of a fee to the City under a franchise agreement. The proposals received shall be evaluated for selection company to be allowed exclusive franchise rights to prov advertising bus shelters and non -advertising bus benches the City. The initial agreement will provide for a min twenty (20) shelters, which may be increased by mutual agreement at any time during he franchise period; howeve City is under no obligation to allow additional shelters the twenty (20) contemplated under this request for prop In addition, 'up to fifty (50) concrete bus benches of cu design, embossed with the legend "Diamond Bar" shall be furnished, installed and maintained. Lists of potential shelter sites are included herein as Exhibit "A". Bench be installed in locations designated by the City. FRANCHISE PERIOD The term of the franchise will be five (5) years. end of this period, the shelters shall be removed by the Franchisee and the area returned to its original conditi unless an extension or renewal of contract is negotiated benches shall remain the property of the City of Diamond INCOME TO CITY The Franchisee shall lease advertising space within bus shelters, and, from the monies derived from those le shall pay to the City a monthly guaranteed amount per sh The advertising within each shelter shall be placed on the single, two-sided panel designed for such purpose SHELTER CONSTRUCTION Shelters furnished shall be constructed and install+ conformance with the City Building Codes, and the Standa: Specifications for Public Works Construction, as publish( Building News Inc., (latest edition), and the City of Diz Bar Standards as specified on the Public Works Department permit to be issued for each location. An electrical permit from the Diamond Bar Building Department must also be obtained by the Franchisee's contractor. Placement of shelters shall be subject to City Counc Design Review and permission from the Parks and Maintenar Department of the City of Diamond Bar. REVIEW AND EVALUATION OF PROPOSALS A. Review and evaluation will be performed by Park Maintenance Department and the City Manager. Final determination will be made by the Diamond Bar City Counci B. Selection of the Franchisee will be based on th following factors: 1. Percentage fee proposed to be paid per ad p side, and minimum monthly guarantee per she proposed to be paid to City. 2. The variety and scope of the list of firms which the bidder has displayed advertising the previous year. 3. Current and past performance in similar con with other local government agencies. 4. Strength, quality, durability and aesthetic appeal of proposed shelters. 5. maintenance, repair and replacement facilit available (such as bidder's proximity to th, City and number of bidder's employees perfo shelter maintenance). CITY OF DIAMOND BAR DEPARTMENT OF PARKS AND MAINTENANCE GENERAL SPECIFICATIONS FOR FURNISHING AND MAINTAINING BUS SHELTERS AND BUS B IN THE CITY OF DIAMOND BAR A. AWARD OF FRANCHISE All proposals, once they are received, shall be su review, and action (acceptance or rejection) by the Cit Council for a period not to exceed sixty (60) calendar unless an extension :is authorized by all bidders. B. PERFORMANCE BOND The Franchisee shall post and maintain an irrevocal letter of credit which will inure to the benefit of the or equivalent security approved by the City, in the amoi twenty-five thousand dollars ($25,000.00). The Franchi: bond shall remain in effect over the duration of the fri period to insure the faithful performance of Franchisee' covenants for construction, maintenance, and repair or replacement of the shelters and benches, timely payment revenues due the City, (including permit fees, business license, advertising revenues), and restoration of spelt sites to their condition existing prior to installation shelters, whenever a shelter is removed or relocated. C. LIQUIDATED DAMAGES The following performance schedules shall be adher the Franchisee. Any deviation from these schedules, ex account of those events specified in Section D, without City approval shall be considered a breach of contract, Franchisee shall be liable to the City for liquidated.d Work on the construction or installation of the fi: shelter shall begin not later than fourteen (14) calendi after the franchise has been awarded by the City Counci' Permit applications must be submitted to the proper agez with seven (7) calendar days after the contract has beer awarded. Installation of an individual shelter, including a] shelter amenities, except electrical connections, shall completed within seven (7) calendar days after work has commenced. Failure to perform as required will result i liquidated damage claim by the City in the sum of fifty ($50.00) for each delinquent day. Construction or installation of all twenty (20) she shall be completed within ninety (90) calendar days afte date that work has commenced on the first shelter. Installation of all fifty (50) bus benches shall be completed within one hundred twenty (120) days after the of City design approval of the benches prior to fabricate Failure to perform, as required above, on any item, result in a liquidated damage claim by the City in the s fifty ($50.00) for each delinquent day. D. FORCE MAJEURE The time within which the Franchisee is obligated commence and to complete construction of the shelters s extended for a period of time equal in duration to, and performance in the meantime shall be excused on account for, and during the period of, any delay caused by stria threat of strikes, lockouts, war, threats of war, insure invasion, acts of God, calamities, violent action of the elements, fire, action or regulation of any governmental agency, law ordinance, or other things beyond the reasc control of the Franchisee. E. SHELTER AND BENCH! MAINTENANCE AND REPAIR SPECIFICAT] The Franchisee shall maintain, repair, clean, and s all shelters and benches, keeping them, their appurtenar the immediate surrounding areas, in a safe, clean, attra and sanitary condition. The Franchisee shall be at libe enter upon and into shelters and benches at any reasonab with personnel and all necessary equipment and materials provide for the satisfactory maintenance of the shelters benches. The Franchisee shall make routine maintenance/ up/trash removal calls on each shelter (not benches) at twice each week. Each shelter and bus bench shall be completely steam cleaned as needed, but not less often t', once a month. The Franchisee shall repair or replace damage, van or graffiti within two (2) working days after having be at the time of a routine maintenance call or upon notif by the City. If shelter or bench damage or vandalism i that the public could be exposed to a dangerous situati in or near the shelter or bench, the Franchisee shall,r or, if necessary, remove the entire shelter or bench wi twenty-four (24) hours of notification, and it shall be replaced and made fully operational at the same locatio. five (5) working days after removal. The Franchisee shall furnish to the City a written summary report of its shelter maintenance operations. maintenance work and corrective actions shall be perfori the expense of the Franchisee. Franchisee's personnel, equipment and/or vehicles not block automobile or bicycle travel lanes without pr( warning signs and traffic delineation devices properly F in accordance with the Work Area Traffic Control Handboc (published by Building News, Inc.) F. INSURANCE The Franchisee shall obtain, at his sole cost, and force, the following insurance coverage: 1. Minimum one million dollars ($1,000,000) combi single limit public liability insurance for b injury and property damage. 2. workers Compensation Insurance in the statutor amount required by the State of California. Further, the Franchisee shall obtain any additional kind amounts of insurance which, in his own judgment, may be necessary for his proper protection in any of his own ac, while in an agreement for services with the City. Said or policies shall be in a form approved by the City and name the City, The City Council, its officers, agents anc employees as additional insureds by an endorsement to the Policy. Said endorsement shall provide that the City shz receive not less than thirty (30) days notice of cancelle of any coverage under which it is an additional insured. G. HOLD HARMLESS The Franchisee shall fully indemnify and hold harmle City of Diamond Bar from and against all claims and actio based upon, or arising out of, damages or injuries result from the installation, construction or operation of the b shelters and benches, and all expenses incidental to the defense thereof. H. PAYMENT TO CITY All fees due the City shall be computed on a monthly basis. Payment of said fees shall be made at least quart. and shall be supported by a Statement of Accounts, showin shelter locations, the advertiser at each location, and g revenues received for each ad panel. I. ACCESS TO RECORDS' The City, or its authorized agent, shall be granter reasonable access to any of the Franchisee's books, docs papers, and records that relate directly to the bus she' bus bench agreement. J. CONTRACT WORK HOURS AND SAFETY ACT All persons hired by the Franchisee shall be romper at a rate not less than 1-1/2 times the workers' base pa for all work in excess of eight (8) hours a day or fort3 hours a week. Further, no person will be required to we surroundings that are unsanitary, hazardous, or dangerou determined under the'standards established by the U.S. Secretary of Labor. K. EQUAL OPPORTUNITY EMPLOYMENT The Franchisee shall demonstrate, in the performanc any work connected with the franchise between himself an City, full compliance with all applicable safety and hea standards and Equal Employment Opportunity laws and regulations. The Franchisee shall cooperate with the Ci meeting its commitments and goals with regard to the max, utilization of Disadvantaged or Women's Business Enterpr The franchise will put forth sincere efforts to ensure t these groups shall have maximum opportunity to compete f! subcontracted work that may be offered in connection wit franchise. L. LICENSES AND PERiMITS The Franchisee shall purchase a City business lice required, for each year he is doing business with the C Furthermore, the Franchisee shall secure all necessary from City, county, state, or federal agencies for the installation, operation, and maintenance of the bus she: and bus benches. M. ELECTRICAL SERVICE The Franchisee shall apply for, and obtain at his c cost, any necessary electrical service permits from the Southern California Edison Co. Metered electrical serv: charges shall be at the Franchisee's sole expense. N. MORTCACER Any mortgage or lien against the shelters shall be subordinate to all franchise rights of the City. O. ADVERTISING The Franchisee shall, upon request, transmit to the Manager or his designee, color copies of any or all ads Proposed to be placed in the shelters, for review prior ads being placed. Should the City, in its sole discreti determine any advertising on any shelter to be improper, offensive or constitutes a display that is likely to int with, mislead or distract traffic, or conflict with any control system, the Franchisee shall remove all such advertising within,twenty-four (24) hours after the Cit, a written notice upon the Franchisee to remove such advertising. P• PUBLIC SERVICE MESSAGES The Franchisee shall, at least two (2) times per yE at least ten (10) calendar days each time, display at 1E (1) public service announcement in lieu of paid advertis each bus shelter. The Franchisee shall arrange for sere install the public service announcements. The City shal entitled to specify certain public service messages to b displayed. Q. CONTRACT TERMINATION If the Franchisee is found in default on any condit the franchisee, and if, after a reasonable time he does rectify the situation and provide for the satisfactory continuance of the agreement, the City may terminate the contract upon giving -the Franchisee written notice there less than sixty (60) clays prior to termination. upon termination of the franchise, either by defaul expiration of its term, the Franchisee shall remove the shelters and restore the respective public improvements their proper and original condition at the Franchisee's cost and expense. The non -advertising bus benches shall in place at the termination of the franchise. R. CHANGED LOCATIONS In the event that a bus croute is altered or deleted that any bus shelter will no longer serve as an active b location, the Franchisee shall, within thirty (30) days notification, relocate or move the bus shelter and/or bu appurtenances to a new location designated by the City. vacated location shall be restored to its original condi within that same time period. CITY OF DIAMOND BAR DEPARTMENT OF PARKS AND MAINTENANCE SITE, DESIGN AND CONSTRUCTION SPECIFICATIONS FOR FURNISHING AND MAINTAINING BUS SHELTERS AND BUS BENC1 IN THE CITY OF DIAMOND BAR Persons or firms submitting proposals are advised that shelters and bus benches; to be considered for acceptance b, City must conform to the following specifications. In the event an design differs materially from these specificatior full discussion of the relative differences, must be submit 1. SPECIFICATIONS 1.1 All work performed on the shelter or the shelter must conform to the requirements of the Standard Specifications for Public Works Construction and City Building and Electrical Codes. In addition, work must comply with the conditions of the Publi Works Permit issued for each location and the conditions of the City of Diamond Bar. Building Electrical Permits from the City Building Departa must also be obtained by the Franchisee. 2. SHELTER DESIGN DRAWINGS 2.1 All designs, plans and change orders shall be si by a California Registered Civil or Structural Engineer before they will be accepted for design location approval. 2.2 Before any shelter may be installed in the Cit Diamond Bar, it shall be reviewed for adequate by the City of Diamond Bar Park and Maintenanc Building Departments for electrical wiring and appurtenances, structural integrity and genera soundness of design. 3. SHELTER LOCATION :DESIGN DRAWINGS -3.1 A location drawing shall be prepared and shall contain a minimum forty (40) feet to one -inch representation of the proposed shelter site, c the area from the adjacent property line to th street centerlines at the intersection. Mid -b. sites may be shown with broken line ties. The drawing shall tie the shelter location to the curb return and give the distance from the exi: curb and adjacent property line to the shelter shall also show the location of manholes, catcl basins, fire hydrants, poles, trees and other ground facilities within twenty-five (25) feet proposed shelter. 4. PERMITS 4.1 The City will issue "no fee" building, electri and construction and excavation permits requir the construction and installation of the bus shelters. 5. SHELTER SITE SEL13CTION 5.1 Any shelter sites, in addition to those speci: initially by the City, shall be chosen by the consultation with the Franchisee. The City s] supply the Franchisee with a list of preferrec shelter sites. Any proposed shelter site shat subject to the following screening process: 1) In the event the proposed site is adjacent a commercial user, the specific consent of commercial user may be required. 2) All sites proposed which are adjacent to residential uses shall be subject to revie the Diamond Bar Engineering Department. 3) No shelter site shall be chosen which woul result in a shelter being closer than ten feet to a driveway. 4) No shelter site shall be chosen which will in a shelter being located over a storm dr unless approved by the City Engineer. 5) No shelter site shall be chosen which will. in a shelter being placed in such a positi less than four (4) feet of contiguous side remains usable. 6) All sites are subject to approval by the C Council based on safety of bus riders, tra and pedestrians. 7) Every shelter shall be wheelchair accessib 5.2 In the event the City and Franchisee cannot ag the location of a site, beyond the initial twe (20) locations, the City's decision on locatio shall be final. 5.3 Some of the initial twenty (20) shelter sites have benches existing. These existing benches be removed and dismantled by the Franchisee an delivered to the Park and Maintenance Departme b. SITE RELOCATION 6.1 The City will have the right to require the Franchisee to relocate shelters and benches, a sole expense, for the convenience of pedestriai bus patrons or because of a change in bus stop locations or street widenings. The Franchisee not relocate or remove a bus shelter or bench the City's permission. The City may require o.; permit a shelter or bench to be removed or relo if it has been demonstrated to be incapable of maintenance due to excessive vandalism or any c reasonable cause. "Excessive vandalism" is de as damage inflicted to an individual shelter di any six (6) month period, which requires cumuli expenditures for replacement and repair that e; the original cost of construction and installa the shelter. 7. SHELTER _DESIGN SPECIFICATIONS 7_.1 Basic Shelter Design 7.1.-1 All shelters shall be of the same desk wherever used throughout the City, unle alternate designs are approved by the t 7.1-2 Shelter shall be enclosed on two sides covered. Transparent panels shall be c tempered safety glass. 7.1-3 The roof shall be supported by four cur corner steel columns, aluminum clad, st columns or other similar construction materials. Roof shall be Red Tile. 7.1-4 A standard roof overhand shall be desig into the shelter to increase protection the rain and sun. 7.1-5 The space between all glass, ad panels, the ;sidewalk shall be a maximum of six inches to accommodate a blind person's touching cane. This may be accomplishe either a larger glass panel, a deeper b' glass support or a flange attached to t bottom of the glass support. 7.1-6 Final shelter design (sizes, roof types shall require City approval. 7.2 Advertising Panels 7.2-1 Only one, two-sided, back -lighted ad pa shelter will be allowed, Each ad panel shall display no more than 25 square fe advertising (fifty square feet total pe shelter). 7.2-2 All ad panels shall be constructed of m and tempered safety glass. 7.3 Allowable Size of Shelter a. Height: 716" to $16" b. Length: 14' to 17' C. Width: 4'6" to 516" In the event a shelter is desired at a locatio which will not permit construction of the stan shelter meeting these allowable sizes, unique will be considered by the City. 7.4 All ad panels shall be locked or secured in a i that will eliminate or discourage vandalism. 7.5 Wheelchair access 7.5-1 All shelters shall be designed to accomi wheelchairs 7.6 Shelter Seating 7.6-1 Minimum bench length - 616" 7.6-2 Minimum bench width - 115" 7.6-3 Bench shall be located such that a whee'. can be placed alongside the bench withi shelter. 7.7 Shelter Electrification 7.7-1 Every shelter shall be illuminated from to dawn by an overhead, energy efficien florescent lighting system, concealed is roof structure. Failure to light the s; at night shall be grounds for cancellat the franchise. a. Minimum size - eighty (80) watts usii conventional power. Solar powered electrical installation will not be allowed. b. Photocells shall be installed. 7.8 Shelter Drainage 7.8-1 All :shelters shall contain a roof Butte; system to prevent`dripping water over tl edges. 7.8-2 Water shall be drained through a downsp+ located in the columns, with the water at approximately sidewalk level. 7.9 Glazing Anchorage 7.9-1 No edge of any glass panel shall be exp 7.9-2 All glass panels shall be securely cont and held at both top and bottom. The s+ of all four edges is preferable. 7.10 All post foundations shall be designed in acco: with the Uniform Building Code, latest edition adopted by the City. 7.11 Trash Receptacles Each shelter shall have at least one (1) covere trash receptacle, designed and placed to promot maximum usage by shelter patrons. The receptac and its cover shall be securely attached to the shelter. 7.12 No telephone, vending machines, kiosks, news ra or any other devices not specifically allowed i these specifications shall be permitted to be installed on or near the shelters, without prio authorization from the City. 8. SHELTER SIGNAGE 8.1 The Franchisee shall ensure that bus route information, City logo, and logo are displayed in and around the shelter. 8.2 The name of the nearest cross street where appropriate, shall be placed on the roof facia c both ends of the shelter. Minimum letter size this sign shall be three (3) inches high and twc and one half (2-1/2) inches wide. 8.3 The Franchisee shall affix, in a conspicuous ars, each shelter, an owner identification plaque, tt includes his business name, address and telephoi number. 9. SHELTER CONSTRUCTION SPECIFICATIONS 9.1 The shelter shall be prefabricated and assemble the site. 9.2 No welding except for foundation works shall be permitted at the site. 9.3 All concrete finishing shall conform to the Standard Specifications for Public Works Construction, latest edition. 9.4 The Franchisee shall have quality control super working for his contractor (not the sub-contrac at every construction site for a minimum of one hour per working day. 10. CONCRETE BENCHES 10.1 Concrete bus benches shall be as manufactured b 10.2 10.3 Robbins Pre Cast In., P.O. Box 2225, Irwindale, Calif., 91706, (818) 357-4111, bench number PSP or equivalent design, as approved by the City. Each bench shall be fabricated with the legend "Diamond Bar" embossed on the face of the seat The color of the concrete benches shall beige, color samples to be approved by the City. EXHIBIT A Shelter Locations These locations are in commercial areas and provide shelter for a minimum of 10 patrons a day. Listed below are those sites: Number of Location Patrons 1. WB Diamond Bar Brea Canyon 18 2. WB Diamond Bar Fountain Spring 21 . 3. WB Diamond Bar Grand 38 4. WB Diamond Bar Golden Spring 105 5. WB Diamond Bar Say -on Entrance 88 6. WB Diamond Bar Pomona Freeway 26 7. WB Diamond Bar Sunset 45 S. WB Diamond Bar Highland 37 9. WB State Center 216 10. WB Diamond Bar Temple 21 11. WB Golden Spring Grand 38 12. WB Golden Spring Brea Canyon 70 13. EB Golden Spring Brea Canyon 71 14. EB Golden Spring Grand 37 15. EB Diamond Bar Golden Springs 85 16. EB Diamond Bar K -Mart Entrance 99 17. EB Diamond Bar Sunset 41 18. EB Diamond Bar Highland 25 19. EB Diamond Bar Grand 35 20. EB Diamond Bar Brea Canyon 19 I A AGENDA ITEM 2 CITY COUNCIL ACTION REPORT SEPTEMBER 19. 1989 NEW BUSINESS Meeting Date Agenda Placement TO: Mayor and City Council FROM: Robert Van Nort, City Manager SUBJECT: Sign Study BACKGROUND The proliferation of illegal signs and its complicity in compounding the enforcement of all signs has created havoc with County and the limited City staff. The problem stems from the State requirement that prior to any amendment to the sign ordinance, or within six months of its enactment, the City shall survey all signs and implement a course of action for all illegal or nonconforming signs in place. RECOMMENDATION It is recommended that the City Council authorize the retention of Cal Poly Pomona to undertake a study of each and every sign in the commercial area to: a. Photograph, b. Identify business use, and C. Classify relative to conformance with existing statutes or outright illegality of each sign. A list of all illegal signs identified by the report will be forwarded to Code Enforcement for action as necessary. The remaining signs will be used for the City Council in their determination to modify the existing sign ordinance to meet community and City Council expectations. U Aobert. Van ort City Manager RLVN/pds � a cqY Diamond Bar -� Chamber of Commerce September 14, 1969 f Hon. Phyllis Papen, Mayor Council Members City of Diamond Bar 21660 E. Copley Drive, Suite 330 Diamond Bar, California 91765 Re: Sign Ordinance Membership Survey Dear Ms. Papen and Council Members: The Diamond Bar Chamber of Commerce has conducted a survey of its membership and other interested parties in order to assist the Diamond Bar City Council in the drafting of sign ordinance guidelines for the City of Diamond Bar. In addition to the survey, two noticed meetings were held. In creating the survey, conducting the meetings and drafting this document the sign ordinances of seven (7) other entities (including Los Angeles County and the cities of San Dimas, Pomona, Alhambra, Irvine and Brea) and the sign criteria for several real property leasing and management companies were utilized as reference material. For purposes of discussion the Chamber's survey and hearing were divided into two main categories (Temporary and Permanent) with several subcategories each. TEMPORARY SIGNS -- On Site a) Banners and Portable Signs -- (grand opening, 1/2 off, Sunday Brunch, etc.) -- permitted upon application -- one per tenant lease space. Banners -- (including flags, pennants, streamers) -- upon application -- a maximum of four (4) periods per calendar year, each period to be no longer than thirty (30) days, a maximum of one hundred twenty (120) days per year. Size of banners (ie. 1 square foot of signage per linear foot of frontage), freestanding pad tenants to be allowed a maximum of two frontages. Numbers of flags and pennants should also be regulated. Portable Signs -- upon application -- Time limitations as stated above. Size limitation of 36 square feet. b) Leasing/Coming Soon -- (Commercial Buildings) -- One sign per street frontage, maximum of two per building if freestanding, regulate size 1081 Grand Avenue • Diamond Bar, California 91765 a (714) 861-2121 and colors, with no time limitations so long as a portion of the space remains unrented. c) Rooftop Signs -- Advertising Balloon -- permitted upon application -- duration limited to a total of 60 days per year. No other temporary signs would be permitted above the roof line. d) Window Signs -- (Retail Tenants) -- limit to no more than thirty five percent (35%) of window area. e) Real Estate Signs --'(1) For Sale or Rent -- one sign per lot or parcel. -- not to exceed six square feet in size. (2) Subdivision or Development -- size and number of on-site signs should be based upon size of development (ie. one (1) two hundred square foot sign per each -ten acres). f) Special consideration should be given to signs of a temporary nature belonging to charitable or educational groups. TEMPORARY SIGNS -- Off Site a) No off site banners would be permitted. b) No off site leasing signs would be permitted. c) Signs directing persons to garage sales and residential open houses may be permitted provided that they are removed within 48 hours (these signs should therefor contain the dates and times of the advertised activity as well as the property address). Standards may be established for garage sale signs to require uniformity in size and appearance. Reasonable use of open house flags, streamers, pennants, etc. may also be permitted. d) Placement -- No sign, poster or advertisement shall be pasted, fastened, painted, marked or in any manner affixed to or on any curb, street, sidewalk, street sign post, traffic sign, telephone, telegraph or electric light pole, or any tree or shrub in any street, park, public street, alley, parkway or sidewalk. All. permitted signs should be so located as to assure that sight distance shall not be impaired for pedestrian and vehicular traffic and that, traffic control devices shall not be obstructed. e) Political Signs -- may be permitted within public property subject to the issuance of a permit and provided that: the persons desiring to erect such sign post a cash bond in order to guarantee the removal of each such sign within five, (5) days following the election to which it relates. Such signs should not be permitted for longer than thirty ( 30 ) days prior to the election (or as required by law). PERMANENT SIGNS Submission of sign programs should be required of each commercial center 2 showing locations, square footage, color pallet, material specifications, attachment details, addressing, suite identification and circulation signing to ensure a well designed and pleasing appearance while at the same time providing latitude for variety and design. All signs should relate to the architectural style of the main buildings on the site. a) Prohibited signs -- no moving, blinking (other than time and temperature signs), flashing, sound making, animated or projecting signs should be permitted. b) Monument signs -- (1) Project ID (free standing, low silhouette) -- one sign per street frontage for identification of project entry. No individual tenant may be identified on this sign and the lettering area may not exceed 24 square feet. (2) Tenant ID -- Freestanding pad tenants or major tenants (determined by minimum square foot requirements) to be allowed a monument sign provided they do not have a wall sign parallel to the street (minimum 125 foot separation). - A maximum of two major tenant panels may be included on such sign plus center identification. (3) Height -- determined by project size -- 1 to 3 acres = 5 feet, 3 to 5 acres = 7 feet, 5+ acres = 9 feet. C) Directory Signs -- projects without a major tenant and larger than 3 acres may have a center identification signs with a maximum of six (6) tenant panels. Total sign area should be limited to 24 square feet. Signs should be no more than 6 feet: in height and should also incorporate the project identification and street address. d) Pylon Signs -- A pylon sign should be allowed provided: (1) that the property is a freeway oriented commercial project; or (2) the center consists of at least 3-5 acres. Pylon signs should not exceed 20 feet in height with a minimum setback of 5 feet. Height may be increased'l foot for each additional foot of setback up to a maximum of 25 feet. However, due to special circumstances based on visibility, the height of a free-standing sign for integrated freeway oriented properties or properties of at least 3-5 acres may be increased to no more than 50 feet. One pylon sign per lot or combination of lots should be permitted. The total lettering area of pylon signs (not inclusive of support structure should not exceed fifty (50) square feet. All pylon poles should be covered with material and colors consistent with the project and to a minimum of 25% of sign width. All pylons should be located in landscaped setback areas of at least equal size to the sign area. e) Sign Copy -- The name"of the use or business should be the dominant message of the sign. Telephone numbers, lists of products, pictures and other messages should not be allowed. For purposes of public safety the predominant language characters in the sign should identify the tenants use or business and should be Greco-Roman. 3 f) Maintenance -- All signs and supports should be kept in a state of preservation. Signs not so maintained should be cited and be ordered removed if not repaired within a reasonable time period. g) Nonconforming Signs -- Every sign which does not conform should be allowed to remain as follows: (1) Temporary signs -- ninety days; (2) Signs painted on buildings, walls and fences -- one year; and, (3) All other signs -- until the occupant, owner or business of the premises is changed. h) Bus Benches -- RTD passenger records should be consulted regarding the necessity for the number of bus benches now in place (an average of two per stop appears sufficient). I 4