HomeMy WebLinkAbout11/07/1989Next Resolution No. 107
Next Ordinance No. 30
NOVMMR 7, 1989
DIAMOND BAR CITY COUNCIL
6:00 P.M.
W.V.U.S.D. BOARD ROOM
THANK YOU FOR NOT SMOKING, DRINKING OR EATING
IN THE COUNCIL CHAMBER
JOINT STUDY SESSION
5:30 p.m. - City Council and Parks and Recreation Commission
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
SWEARING-IN CEREMONY FOR PARKS AND RECREATION COMMISSIONERS
ANNOUNCEMENTS
Due to re -scheduling of the League of California Cities Conference
in San Francisco, the Regularly -Scheduled Meeting of December 9,
1989 is cancelled.
Recruitment for Traffic and Transportation Committee appointments
is now open --deadline for application is December 1, 1989.
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
of the public to directly address the Council on items of interest
to the public that are not already scheduled for consideration on
this agenda.
CITY COUNCIL AGENDA PAGE 2 NOVEMBER 7, 1989
CONSENT CALENDAR: The following items listed on the Consent
Calendar are considered routine and are approved by a single
motion. Consent Calendar items may be removed from the Consent
Calendar byrequest of a Councilmember only,
1. APPROVAL OF MINUTES - Meeting of October 17, 1989.
2. WARRANT REGISTER - Approve the Warrant Register dated
November 7, 1989 in the total amount of $502,486.09.
3. USE OF CITY VEHICLE BY PARKS AND MAINTENANCE DIRECTOR -
As part of the duties of the Parks and Maintenance
Director, he is required to respond to emergency call -
outs and attend evening meetings. In most cities,
management personnel in the Parks Departments are
authorized to drive City vehicles to their homes.
Recommended Action: Authorize the Director of Parks and
Maintenance to drive a City vehicle to his place of
residence which is within six miles of the City limits.
4. RESOLUTION 89 - XX: A RESOLUTION OF THE CITY OF DIAMOND
BAR ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE
EMPLOYEES OF THE CITY
Recommended Action: Adopt Resolution No. 89 - XX
establishing a deferred compensation plan with the ICMA
Retirement Corporation for City employees.
S. RESOLUTION 89 - IDC: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR, CALIFORNIA, URGING THE
IMPLEMENTATION OF THE ANTI-DRUG ABUSE ACT OF 1988
TARGETING RESOURCES MADE AVAILABLE UNDER THE ACT TO THOSE
AREAS WHICH HAVE INDICATED THE GREATEST NEED INCLUDING
LOS ANGELS COUNTY.
Recommended Action: Adopt Resolution No. 89 - XX urging
implementation of the Anti -Drug Abuse Act of 1988.
6. RESOLUTION 89 - IDC: A RESOLUTION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, IN SUPPORT OF THE INCORPORATION REQUEST
BY MALIBU RESIDENTS AND URGING THE LOS ANGELES COUNTY
BOARD OF SUPERVISORS TO CALL FOR THE ELECTION.
Recommended Action: Adopt Resolution No. 89 - XX
supporting the incorporation of Malibu.
7. RESOLUTION NO. 89 - IDC: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING THE POSITION AND
RANGE FOR PLANNING DIRECTOR.
CITY COUNCIL AGENDA PAGE 3 NOVEMBER 7, 1989
Recommended Action: Adopt Resolution No. 89 - XX
establishing the position and range for Planning
Director.
SPECIAL PRESENTATIONS - Proclamations, certificates, etc.
8. PROCLAMATION - Proclaiming the weekend of January 13 and
14, as the annual "Tournament of Champions."
9. CERTIFICATE OF RECOGNITION - Approve Certificate of
Recognition for award by M/Papen to Bryan L. Wyler in
honer of his achieving the rank of Eagle Scout.
10. WORLDWIDE PEACE STATEMENT - Presentation by Wayne Winter,
B'Hai of Diamond Bar.
11. ANARD OF BID FOR SLURRY SEAL PROGRAM, DECORAH ROAD, ET AL
- Bids were opened at 2:00 p.m. on Wednesday, November 1,
1989.
Recommended Action: Award contract to Roy Allen Slurry
Seal of Santa Fe Springs in the amount of $65,705.40.
OLD BUSINESS
12. A1T TO AGREEMENT WITH COUNTY OF SAN BERNARDINO FOR
GRAND AVENUE - Requested by County of San Bernardino
regarding construction of Chino Hills Parkway and Chino
Avenue.
Recommended Action: Presentation by City Manager.
13. GENERAL PLAN ADVISORY COMMITTEE REPLACEMENTS -
Recommended Action: Appoint five (5) citizens to fill
vacancies.
14. ORDINANCE NO. (1989) - AN ORDINANCE OF THE CITY OF
DIAMOND BAR AMENDING SECTION 22.20.120 OF CHAPTER 22.20
OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED,
PERTAINING TO SIDE YARD SETBACK REQUIREMENTS.
Recommended Action: Discussion only.
15. ORDINANCE NO. (1989) - AN ORDINANCE OF THE CITY OF
DIAMOND BAR IMPOSING RESTRICTIONS ON TEE TRANSFER OF
CERTAIN MATERIALS TO MINORS AND PROHIBITING THE
POSSESSION OF CERTAIN MATERIALS BY MINORS DURING CERTAIN
HOURS - carried over from meeting of October 17, 1989.
Presentation by Deputy Larry Luter, Walnut Valley
Sheriff's Department.
CITY COUNCIL AGENDA PAGE 5 NOVEMBER 7, 1989
20. CONSENT CALENDAR INSTRUCTIONS - Discussion regarding
wording of instructions and format and use of speakers'
cards for the public.
Recommended Action: Direct staff as necessary.
21. CONDITIONAL USE PERMIT 87-002-(1) ALPHA BETA SHOPPING
CENTER AT 2801-2836 DIAMOND BAR BOULEVARD - Report by
Acting Planning Director as requested by City Council on
October 17, 1989.
Recommended Action: Direct staff as necessary.
22. NATIONAL pLOOD INSURANCE PROGRAM - The Federal Government
provides federal insurance for flood control to residents
and businesses after a municipality has adopted
appropriate resolutions and ordinances governing flood
control policies.
Recommended Action: 1) Adopt Resolution No. 89 - XX
pertaining to flood insurance; 2) Authorize the City
Manager to file an application for participation in the
National Flood Insurance Program (FEMA).
CLOSED SESSION
Litigation - Section 54956.9
ADJOURNMENT
JUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 17, 1989
CALL TO ORDER: Mayor Papen called the meeting to order at 6:05 p.m. in
the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue,
Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Councilman Forbing.
ROLL CALL: Mayor Papen, Mayor Pro Tem Horcher, Councilmen Miller,
Werner and forbing.
Also present were City Manager Robert L. Van Nort, City
Attorney Andrew V. Arczynski and City Clerk Lynda
Burgess.
COUNCIL COMMENTS: C/Miller requested that the City Engineer be directed
to study the need for stop controls in the vicinity of
Northview Place and Darrin Street.
PUBLIC COMMENTS: Mr. Gary Neely, 305 Canoecover, gave a status report on
the U.C. Campus project.
Mr. Clive Holifield, 656 S. Farben Dr., thanked the
City Council for their assistance and endorsement of
his candidacy to the Pomona Valley Unified School
District.
SPECIAL M/Papen and MPT/Horcher presented Capt. Thomas Vetter
PRESENTATIONS: of the Walnut Sheriff's station with a Polaroid Camera
and film for graffiti enforcement. In addition, a
radar monitoring device donated to the City by the
Diamond Bar Rotary Club was presented to Capt. Vetter.
CONSENT CALENDAR: C/Werner moved, seconded by C/Miller to approve the
Consent Calendar with correction to the Minutes of
August 15, 1989; amendment to the Warrant Register from
$433,027.97 to $433,165.91; addition of "directing the
City Engineer to study addition of stop signs in the
vicinity of Northview and Darrin"; deletion of Item 9
and tabling of Item 17. Motion carried by the
following Roll Call vote:
AYES: COUNCILMEN - Forbing, Miller, Werner,
MPT/Horcher and M/Papen
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
Schedule Future A. October 19, 1989 - General Plan Advisory Committee
Meetings - 7:00 p.m. Chaparral Intermediate School
B. October 25, 1989 - Residential Trash Pickup Meeting
- 7:00 p.m. Chaparral Intermediate School
OCTOBER 17, 1989 PAGE 2
C. October 26, 1989 - Residential Trash Pickup Meeting
- 7:00 p.m. Ramada Inn.
Approval of Addendum to Minutes of Special Meeting of April 25,
Minutes 1989
Regular Meeting of August 15, 1989 as corrected.
Special Meeting of August 29, 1989
Regular Meeting of September 5, 1989
Regular Meeting of September 19, 1989
Adjourned regular Meeting of September 25, 1989.
Regular Meeting of October 3, 1989.
Warrant Register Approved Warrant Register dated October 17, 1989 in the
total amount of $433,165.91.
Resolution 89-98 Adopted Resolution No. 89-98 Expressing Support for the
West San Gabriel Valley and the Pomona Valley Chapters
of the American Red Cross Disaster Relief Fund.
Fight Gridlock Tabled indefinitely due to lack of information received
Ordinance and from LACTC responding to Council's concerns.
Expenditure Plan
Council/Employee Adopted a policy governing expenses incurred while on
Expense Policy City business for members of the City Council and
employees.
Resolution 89-99 Adopted Resolution No. 89-99 Authorizing and Directing
the Installation of Stop Signs and Related Traffic
Control Devices at Intersections Specified Herein - for
"stop" controls on Longview Drive from its southerly
terminus at Rimford Place south of Grand Avenue to its
northerly terminus at Silvertip Drive north of Grand
Avenue.
Council further directed the City Engineer to study
installation of "stop" controls on Northview Place and
Darrin Street.
Contract with Approved contract with Ron Kranzer and Associates for
Ron Kranzer & preparation of designs and plans and specifications for
Associates for signal installation at Longview, Summit Ridge, Shotgun
Grand Avenue and Montefino and, possibly, Rolling Knoll and signal
Improvements improvements at Grand and Diamond Bar Blvd.and Grand
and Golden Springs and for bus bays to enhance safe
transport of school children.
Resolution 89-100 Adopted Resolution No. 89-100 Supporting Earth Day
1990.
OCTOBER 17, 1989
PAGE 3
Resolution 89-101
Adopted Resolution No. 89-101 Establishing the Position
and Range for Financial Management Assistant.
Resolution 89-102
Adopted Resolution No. 89-102 Establishing the Position
and Range for Planning Secretary - to be hired after
the City Planner is hired.
Resolution 89-103
Adopted Resolution No. 89-103 Approving Plans and
Specifications for the Slurry Seal Program, Decorah
Road, Et Al., in the City of Diamond Bar and Directing
the City Clerk to Advertise to Receive Bids.
Graffiti contract
Approved contract with the San Gabriel Valley Boys
with San Gabriel
Club for graffiti removal services in an amount not to
Valley Boys Club
exceed $10,000 and encouraged voluntary reimbursement
to property owners whose parcels are victims of
graffiti.
Award of Bid
Awarded bid for purchase of a photocopier machine to
for Photocopier
the Copymasters for a Konica 5590 in an amount not to
exceed $11,798.00
Award of Bid
Awarded bid for purchase of two City trucks to Valley
for Two City
Chevrolet in the amount of $27,121.69.
Trucks
Claim for Denied claim for damages filed by Young Soo Lim
Damages regarding traffic accident of August 16, 1989 at the
intersection of Diamond Bar Blvd. and Gold Rush Dr.
Heritage Park Authorized payment of up to $5,000 to Walnut Valley
Haunted House Recreation for the Haunted House program at Heritage
Park as recommended by the Council Parks and Recreation
Committee.
Jail Needs Council took no position due to insufficient informa-
Assessment and tion regarding the location of the proposed facilities.
Master Plan
Resolution 89-104 Adopted Resolution No. 89-104 Reconfirming Design
Guidelines Developed for the Gateway Corporate Center
as Previously Adopted.
Item No. 9 CM/Van Nort explained that this item is a request to
Resolution 89-105 purchase office equipment for the new City offices at
Office Furniture Suite 100, 21660 E. Copley Dr. and that the initial
budget provided $20,000 for purchase of furniture for
the offices of City Clerk, City Manager, City Council
and the Conference Room. Due to the need for expanded
office space, he recommended that the purchase of
OCTOBER 17, 1989
PAGE 4
additional equipment be made in two phases with phase
two being held in abeyance until the matter of the
property tax for this fiscal year is resolved. Phase
one will cost $42,000 and can be included in this
year's budget due the unanticipated receipt of an extra
month of sales tax.
Mr. Gary Neely, 305 Canecover, objected to the
expenditure of $11,363 for 25 chairs for an average of
$440 per chair. He stated that LAFCO's budget for the
City only included $15,000 for office equipment and
that the rent for the first year would be $10,000. The
City is now going to spend $50,000 in rent for the
following 12 months.
Mrs. Lavina Rowland also objected to the amount of the
proposed expenditure for chairs and stated that
selection of a decorator from San Francisco was in
opposition to the "shop Diamond Bar" theme supported by
some of the Council.
Following discussion, M/Papen moved and C/Forbing
seconded to adopt Resolution No. 89-105 Approving the
Purchase of Office Furniture and Ancillary Equipment in
the amount of $42,689. Motion carried by the following
Roll Call vote:
AYES: COUNCILMEN - Forbing, Miller, Werner,
MPT/Horcher and M/Papen
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
SPECIAL PRESENTATIONS
Proclamation- Proclaimed the month of October, 1989 as "Smoke
Smoke Detector Detector" Month in conjunction with the year-long
Month earthquake survival program in Southern California.
Certificate of CM/Van Nort stated that a Certificate of Appreciation
Appreciation had been prepared to be presented to Mr. John Martin, a
Mr. John Martin landscape architect, who on his own time, essentially
served as the City's Parks Department for the months of
June, July and August.
Public Yi Mei Wu, Administrative Intern, made a presentation
Racquetball on the public racquetball concept based on her
Concept research of facilities previously constructed in other
cities.
OCTOBER 17, 1989 PAGE 5
Mr. Chris Lancaster, 1129 Barston Avenue, Covina, spoke
on behalf of the proposed developer of such a facility
in Diamond Bar at Peterson Park. He recommended that
the facility be included in the current design of the
park and stated that an additional 14 parking stalls
could be included. Further, that the contractor has
indicated a willingness to construct, on the end of the
racquetball facility, a 400 sq. ft. maintenance room of
which 300 sq. ft. can be designated for office space
for park and recreation purposes.
In response to C/Werner's inquiry as to whether the
offer to construct the office building would still be
available after the Parks and Recreation Commission has
an opportunity to study this matter, Mr. Lancaster
replied that this offer would still be valid.
C/Miller asked whether the office space could be moved
to the City's originally -planned location in the middle
of the activity area and Mr. Lancaster answered that
the contractor would rather have it on the end of the
building.
At the consent of Council, staff was directed to
include this matter on the agenda of the first Parks
and Recreation Commission and to solicit input from
area residents.
OLD BUSINESS
4 -Way Stop - CM/Van Nort stated that the Council previously
Morning Canyon, requested the County Traffic Engineer to study a 4 -way
Santaquin Drive, stop control at Morning Canyon and Santaquin Drive and
Cliffbranch Drive Cliffbranch Drive. The recommendation by the County
Resolution 89-106 Traffic Engineer was to deny this stop control.
It was moved by C/Miller, seconded by MPT/Horcher to
adopt Resolution No. 89-106 to override the County
Traffic Engineer's recommendation and authorize and
direct the installation of stop signs at Morning Canyon
and Santaquin Drive and Cliffbranch Drive. Motion
carried unanimously.
CUP Case No. Mr. John Gutwein explained that the County Regional
88296 Planning Commission will be conducting a Public Hearing
on October 25, 1989 to consider a request for a parcel
map and a conditional use permit to for a business park
on 30.2 acres southerly of Brea Canyon Cutoff and
westerly of the Orange Freeway. It is within the zone
OCTOBER 17, 1989 PAGE 6
classification "Manufacturing Planned Development" and
within the San Jose Zone District. Creation of 5
industrial lots and 4 open space lots with 1 remaining
parcel is proposed. Lots 1 through 5 will consist of
two-story industrial buildings and parcel 2 includes a
proposed restaurant. The largest structure will be
85,000 sq. ft. The conditions currently being
considered to be imposed on the developer by the County
include: installation of northbound 'no left turn'
lanes and a southbound right turn lane on Brea Canyon
Cutoff Road at Corporate Terrace Drive; that the
developer enter into a secured agreement with the
County Road Department; install traffic signals at the
intersection of Brea Canyon Cutoff Road and Fallowfield
Drive/Corporate Terrace Drive; that the developer pay a
"pro rata fair share cost" to install traffic signals
at Brea Canyon Cutoff Road to the Orange Freeway
southbound onramp and Diamond Bar Blvd. and the Route
57 northbound ramp. Roads affected by this project
will be Brea Canyon Cutoff, Diamond Bar Blvd., Brea
Canyon Road and, to a certain extent, the Orange
Freeway. He suggested that the main impact of the
project would be traffic related with some concern
regarding the visual impact. The following agencies
have reviewed the project: AQMD, the State Department
of Fish and Game, the Army Corps of Engineers and the
Regional Water Quality Control Board.
Mr. Gutwein then requested direction for preparation of
a report regarding the City's input to the County
Regional Planning Commission.
C/Miller recommended that the Council oppose any
further work on this project until such time as the
project is either annexed into Diamond Bar or other
improvements abutting Mr. Arciero's property on Brea
Canyon Road are implemented. He requested staff to ask
the developer to refrain from using the words "Diamond
Bar" in his advertising as his property is not within
City limits.
C/Werner stated that this is a potential industrial
development project which is near Fallowfield and some
other residential areas in the community and he has
serious concerns regarding the types of uses allowed
where the City has no control. He mentioned concerns
about the trucks, the possibility of transporting or
storage of hazardous wastes, manufacturing, etc. He
felt that the City should take a strong stand on the
environmental aspects of this project and objected to
OCTOBER 17, 1989 PAGE 7
the County's determination that this project will not
have a significant impact by virtue of a negative
declaration.
M/Papen stated that she would oppose the project on the
basis that removal of 330 oak trees would be necessary
for construction. In addition, she felt that sign
review and restrictions on billboards which would
conform with the City of Diamond Bar would be
desirable.
OCTOBER 17, 1989
PAGE 8
Chief Building
CM/Van Nort stated that staff had reviewed four pro -
Official
posals for contracting for the City's Chief Building
Contract with
Official and taking into account the City's guidelines,
Pacesetters
he recommended approval of a contract, subject to the
review and approval of the City Attorney, with
Pacesetters for Building and Safety and Code
Enforcement services effective October 18, 1989 for
plan checks and effective October 23, 1989 for
inspection.
It was moved by C/Werner, seconded by MPT/Horcher to
approve the contract, with the City Attorney's review,
with Pacesetters Building Services for building and
safety for the City of Diamond Bar. Motion carried
with the following Roll Call vote:
AYES: COUNCILMEN - Forbing, Miller, Werner,
MPT/Horcher and M/Papen
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
Temporary Signs
Following a presentation by John Gutwein comparing the
Chamber of Commerce's recommendations with Los Angeles
County codes for regulating temporary signs.
M/Papen requested that Mr. Gutwein look into the
legality of the 30' sign that has been erected in the
Alpha Beta shopping center on Diamond Bar Blvd.
Recess M/Papen declared a recess at 7:50 p.m.
Reconvene The meeting reconvened at 8:00 p.m.
Ordinance re CA/Arczynski introduced a proposed Ordinance entitled:
Graffiti AN ORDINANCE OF THE CITY OF DIAMOND BAR IMPOSING
RESTRICTIONS ON THE TRANSFER OF CERTAIN MATERIALS TO
MINORS AND PROHIBITING THE POSSESSION OF CERTAIN
MATERIALS BY MINORS DURING CERTAIN HOURS.
Following discussion, it was agreed that this matter be
tabled until the meeting of November 7, 1989.
Ordinance No. 27 It was moved by M/Papen, seconded by C/Miller to
Quimby Fees accept for First Reading by title only and waive
further reading of Ordinance No. 27 (1989) entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING SECTION 21.28.140.A OF THE LOS ANGELES
COUNTY CODE AS HERETOFORE ADOPTED, PERTAINING TO THE
DETERMINATION OF FAIR MARKET VALUE FOR THE DEDICATION
OF LAND AND/OR PAYMENT OF FEES FOR PARK AND RECREATION
OCTOBER 17, 1989
Ordinance No.
Traffic and
Transportation
Committee
PAGE 9
PURPOSES. Motion carried by the following Roll Call
vote:
AYES: COUNCILMEN -
NOES: COUNCILMEN -
ABSENT: COUNCILMEN -
Forbing, Miller, Werner,
MPT/Horcher and M/Papen
None
None
28 It was moved by C/Werner, seconded by MPT/Horcher to
accept for First Reading by title only and waive
further reading of Ordinance No. 28 (1989) entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING A TRAFFIC AND TRANSPORTATION
COMMITTEE. Motion carried by the following Roll Call
vote:
AYES: COUNCILMEN -
NOES: COUNCILMEN -
ABSENT: COUNCILMEN -
Forbing, Miller, Werner,
MPT/Horcher and M/Papen
None
None
Ordinance No. 29 It was moved by C/Miller, seconded by C/Werner to
Execution of City accept for First Reading by title only and waive
Warrants further reading of Ordinance No. 29 (1989) entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR PERTAINING TO THE FORM, CONTENT AND EXECUTION OF
CITY WARRANTS, AND AUTHORIZING USE OF FACSIMILE
SIGNATURES. Motion carried by the following Roll Call
vote:
AYES: COUNCILMEN - Forbing, Miller, Werner,
MPT/Horcher and M/Papen
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
PUBLIC HEARING
Urgency
Ordinance No. 23A CA/Arczynski reported that on September 5, 1989,
Urgency Ordinance No. 23 was adopted pertaining to
signs. A report on the activities leading up to the
adoption of the Ordinance was prepared pursuant to
State law. Staff is not in a position to recommend a
final Ordinance; therefore, in order to maintain the
efficacy of that Urgency Ordinance, the Council is
required to conduct a Public Hearing and adopt a new
Ordinance extending the effect of the original
Ordinance No. 23 until September of 1990, giving the
City more time to coordinate a more specific approach
to signs --particularly free standing signs.
OCTOBER 17, 1989 PAGE 10
ANNOUNCEMENTS
M/Papen opened the Public Hearing.
There being no public testimony, M/Papen closed the
Public Hearing.
It was moved by C/Werner, seconded by C/Miller to waive.
full reading and adopt Ordinance No. 23A (1989)
entitled: AN ORDINANCE OF THE CITY COUNCIL EXTENDING
THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO.
23 (1989) PURSUANT TO THE PROVISIONS OF CALIFORNIA
GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN
SUPPORT THEREOF. Motion carried by the following Roll
Call vote:
AYES: COUNCILMEN - Forbing, Miller, Werner,
MPT/Horcher and M/Papen
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
C/Werner requested that discussion of Consent Calendar
instructions on Council Agendas be discussed at the
next meeting. In addition, he suggested that the
Council consider publishing a newsletter relating to
the City's anniversary activities.
M/Papen requested that discussion of setback
requirements be included on the next meeting agenda.
ADJOURNMENT There being no further business, M/Papen declared the
meeting adjourned at 8:30 p.m.
Respectfully submitted,
Lynda Burgess
City Clerk
ATTEST:
Phyllis E. Papen
Mayor
C I T Y O F D I A M O N D B A R
M E M O R A N D U M
TO: Honorable Mayor
► and Councilmembers
FROM: Linda MagnusonTI nior Accountant
RE: Warrant Register
DATE: November 7, 1989
Attached for your approval is the Warrant Register of November
7, 1989. The warrants will be released on November 9, 1989.
Please let me know if you have any questions.
Approval Date November 7, 1989
Tarrant #
Invoice
Ve-Bor Nare A000unt #
Payroll
Transfer
Payroll
Payroll -Per. R-Aing 10/6
Sales tax on copier
Transfer
R miture
Payroll -Per. &Ring 10/20
Meeting
1330
Travel Reineb.
Cbpffnasters
Repairs & Testing
1334
Dept. Supplies
AmBtron3 and Assoc.
Parks- SecLxity
1336
Matbersbip We.
Cb. Cbntrart Cities Assoc.
Oxsdting Svc -Prop tx
1337
Copier Rent
Matthaa Ebtratt
Petty C;aSh reimb
6458
Aqua EeckElow
office Supplies
office S- plies
ARA/Cbry EL-fresYmant Svcs.
Office-9gVlies
333901
Bill's Lock & Safe
Dept. Spplies
Telephone Installation
C SLED
CYristensen & 6allace, Inc.
Telephone Service
38464
0T masters
ftne Svc -Hent. Pk
Phone a ntal-Zycenmre Pk
City of DiaTond Bar --Petty Cash
Pbone Rental -Heritage Pk
52.80
21355
Diarorr3 Bar Stationers
5.26
5,540.00
21416
Diamond Bar Stationers
195.80
53.90
21417
Diamond Bar Stationers
196.35
21436
Diarcr0 Har Stationers
56.59
135694
]ming Irrigation S>Fplies
515.84
137391
Facing Irrigation Supplies
283.37
Landscaping #39
M
640.96
105.00
Seniner Registration
GrE
743.57
Increased Svc -Sept
GrE
164.23
Increased Stec -act
QE
21.98
Dept. supplies
GIQ,
1.34
350.39
Office Dguipnont
(rEL
4.76
Paul V. Wrcher
City of Industry
3003
Jaykim Engineering
63996
Jennings, E7gst. & Henriksn
8921038
Jobs Available
49199
Ken's Hnx%Aare & Carden C tr.
15.20
39052
Ken's Hardvwe & Carden Ctr.
(6.17)
40511
Ken's HudA are & Carden Cts.
2.76
1536
Lar3scape West
391.54
1537
Landscape West
228.77
1538
Landscape West
66.50
1523
Landscape West
3,300.00
1524
Landscape West
4,512.00
1522
Landscape West
8,376.05
League of California Cities
League of California Cities
70589
Cbunty of L.A.-Sberiff's Dept
91,131.87
70641
County Of L.A.-SheriffIs Dept
182,263.75
Cbunty of L.A.-Scberiff's Dept
91,131.87
70645
County of L.A.-Stneriff's Dept
157.91
26383
National Lunber
42.47
26420
National Lumber
47.94
Office Machines by Marks
1993
CK Landscaping
2,967.00
Amunt
Description
$16,350.90
Payroll
14,500.00
Payroll
766.87
Sales tax on copier
19,379.59
R miture
239.00
Meeting
235.95
Travel Reineb.
510.17
Repairs & Testing
129.35
Dept. Supplies
3,395.55
Parks- SecLxity
50.00
Matbersbip We.
604.15
Oxsdting Svc -Prop tx
245.25
Copier Rent
99.97
Petty C;aSh reimb
Office S.pplies
office Supplies
office S- plies
274.00
Office-9gVlies
Dept. -Rallies
799.21
Dept. Spplies
Telephone Installation
1384.53
Telephone Service
Inst. Phone Line
186.21
ftne Svc -Hent. Pk
Phone a ntal-Zycenmre Pk
6.19
Pbone Rental -Heritage Pk
52.80
Travel Reiab.
11,423.40
Career Criminal PE -Pr Perm
5,540.00
Erigr-Qnim Hills Pky
1,470.93
a r>sultation-Prop. Tx
53.90
Advertisanent
Dept -Supplies
Dept.S-Vplies
11.79
Dept. Supplies
Irrig Impairs #39
brig Repairs #41
Mainnt. Park
Landscaping #41
Landscaping #39
16, 874.86
Iacdsccaping-Parks
105.00
Seniner Registration
125.90
Seminar l?agistration
Increased Svc -Sept
Increased Svc-July,Au3
Increased Stec -act
364,685.40
Helioopter-SEPt
Dept. supplies
90.41
Dept. SIT -Plies
350.39
Office Dguipnont
Landsrnpe service #38
Warrant #
WI' RESIS'I'II2
Pppmval Date November 7, 1989
Invoice
Vezior Nare AoMunt #
Atmunt
Descripticn
1904
CIC La iscaping
2,967.00
5,934.00
Landscape service #38
25929
Olynpic Tetporary Services
70.00
Terp Labor -Move
Pavex
92.95
Payroll Service
PERS Health Benefits Div.
4,384.77
Health Insurare
dc11952
Progress Bulletin
59.31
Advertisanant
City of Santa CLarita
25.90
Publicaticn
SWM49
San Gbriel Valley Tri we
44.07
Advertisement
SDuthem California Edison
229.56
Electric -#38 & 439
Southern California EY3ison
54.92
Electric 441
Southam California B3ison
1,021.76
Electrio-Parks
SDuttrern CalifDrnia Ellison
1,797.41
Electric -Traffic Signals
SDuthern California Cas Cb.
19.53
Cis Sx-Heritage Pk
8226
Sport Pins
548.02
City Pins
115066
Sir Speady
279.46
Printing
115195
Sir Speedy
189.96
Printing
115235
Sir Speedy
119.61
589.03
Printing
1'2lstarketing Plus
483.70
Data Pmaeessing Support
Robert Van Ncrt
39.80
Reid=saTmt
1399
Visco Leasing
84.14
FAX rental
906
Walnut Valley wif Sch Dist
229.00
Roan Rental
Walnut Valley Recreation
26,885.33
Rte. Lqn.-July-Sept
Approved by:
-)j
Linda G. M gnuson
Senior Accountant
Phyllis E. Papen
Mayor, City of Diamond Bar
$502,486.09
----------- C ! ! C ! C C C C ! i i ! C ! ! ! ------ S S ! I < -------
CITY
!!!!-iCITY OF DIAMOND BAR
AGENDA REPORT
BACKGROUND
The Parks and Maintenance Director is assigned a city vehicle
for day to day operations. As part of the Director's job
duties, he is required to respond to emergency call -outs relating
to parks and landscaped areas, and attend evening meetings.
Typically management personnel in park deaprtments of most
cities are authorized to drive city vehicles home. Restrictions
generally are that employees live within 10-15 miles of the
City limits. Use of such vehicles is considered additional
compensation. In addition, with the limited facilities of the
City of Diamond Bar, the vehicle would be more secure parked
at a residence.
RECOMMENDATION
That the Director of Parks and Maintenance be authorized to
drive city vehicle to his place of residence, which is within
6 miles of the City limits.
(Narrative continued on next page if necessa
FISCAL IMPACTS
Amount Requested $ 300.00
Budgeted Amount $ 0
In Account Numbers
Deficits $ 300.00 - Per year primarily for fuel costs.
Revenue Sources General fund, LMD funds.
REVIEWED BYt
---------------------- ----------------------
Robert L. Van Nort Andrew L. Arczynski
City Manager City Attorney
Sr. Accountant
CITY OF DIAMOND BAR
AGENDA SCHEDULING REQUEST
TO: CITY CLERK
FROM :—}h_�11 odeU1 1
FOR MEETING DATE:
[ ] Consent Calendar [ ] Special Presentations
[ ) Public Hearings [ ] Closed Session
[ ] Unfinished Business [ ] Other
[ ) New Business
ss s ss s ss s ss s sc s ss s s s s s s s s s s s s s s s s s s s s a s s s s s s s s s s s s a s s s s s: s a s a s s a s s
AGENDA TITLE:
RECOMMENDED ACTION:
&6 i�u�VA c(y,
bo �
sssssssssssssssssssassssasssssssssas:sasssssssssssssssssssassssasss
External Distribution - name and address of applicant or others
to be notified of meeting and decisions
91
E 14*63 d9l+0I•) � W -VL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ESTABLISHING A DEFERRED
COMPENSATION PLAN FOR THE EMPLOYEES OF THE
CITY.
WHEREAS, the Employer has employees rendering valuable
services; and
WHEREAS, the establishment of a deferred compensation
plan for such employees serves the interests of the Employer by
enabling it to provide reasonable retirement security for its
employees, by providing increased flexibility in its personnel
management system, and by assisting in the attraction and retention
of competent personnel; and
WHEREAS, the Employer has determined that the
establishment of a deferred compensation plan to be administered
by the ICMA Retirement Corporation serves the above objectives; and
WHEREAS, the Employer desires that the investment of
funds held under its deferred compensation plan be administered by
ICMA Retirement Corporation, and that such funds be held by the
ICMA Retirement Trust, a trust established by public employers for
the collective investment of funds held under their deferred
compensation plans and money purchase retirement plans;
NOW THEREFORE BE IT RESOLVED that the Employer, unless
it has already done so, hereby adopts the deferred compensation
plan attached hereto as:
(1) Appendix A
and appoints the ICMA Retirement Corporation to serve as
Administrator thereunder; and
BE IT FURTHER RESOLVED that the Employer hereby executes
the Declaration of Trust of the ICMA Retirement Trust, attached
hereto as Appendix B.
BE IT FURTHER RESOLVED that the City Manager shall be the
coordinator for this program and shall receive necessary reports,
notices, etc. from the ICMA Retirement Corporation or the ICMA
Retirement Trust, and shall cast, on behalf of the Employer, any
required votes under the program. Administrative duties to carry
out the plan may be assigned to the appropriate departments.
1989.
PASSED, APPROVED AND ADOPTED this day of ,
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed at a
regular meeting of the City Council of the City of Diamond Bar held
on the day of , 1989, by the following
vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
City Clerk of the City of Diamond Bar
("EMPLOYER")
DEFERRED COMPENSATION PLAN
ARTICLE 1. INTRODUCTION
The Employer hereby establishes the Employer's Deferred Compensation Plan,
hereinafter referred to as the `Plan' The Plan consists of the provisions set forth
in this document.
The primary purpose of this Plan is to provide retirement income and other
deferred benefits to the Employees of the Employer in accordance with the pro-
visions of section 457 of the Internal Revenue Code of 1954, as amended.
This Plan shall be an agreement solely between the Employer and participat-
ing Employees.
ARTICLE It. DEFINITIONS
Section 2.01 Account: The bookkeeping account maintained for each Par-
ticipant reflecting the cumulative amount of the Participant's Deferred Com-
pensation, including any income, gains, losses, or increases or decreases in
market value attributable to the Employer's investment of the Participants
Deferred Compensation. and further reflecting any distributions to the Participant
or the Participants Beneficiary and any fees or expenses charged against such
Participants Deferred Compensation.
Section 2.02 Administrator. The person or persons named to carry out cer-
tain nondscretionary administrative functions under the Plan, as hereinafter
described. The Employer may remove any person as Administrator upon 60
days' advance notice in writing to such person, in which case the Employer
shall name another person or persons to act as Administrator. The Adminis-
trator may resign upon 60 days advance notice in writing to the Employer,
in which case the Employer shall name another person or persons to act as
Administrator.
Section 2.03 Beneficiary: The person or persons designated by the Par-
ticipant in his Joinder Agreement who shall receive any benefits payable here-
under in the event of the Participant's death.
Section 2.04 Deferred Compensation: The amount of Normal Compensa-
tion otherwise payable to the Participant which the Participant and the Employer
mutually agree to defer hereunder, any amount credited to a Participant's
Account by reason of a transfer under Section 603 or any other amount which
the Employer agrees to credit to a Participant's Account.
Section 2.05 Employee: Any individual who provides services for the
Employer, whether as an employee of the Employer or as an independent con-
tractor, and who has been designated by the Employer as eligible to partici-
pate in the Pian.
Section 2.06 Includible Compensation: The an-oint of an Employees com-
pensation from the Employer for a taxable year that is attributable to services
performed for the Employer and that is includible in the Employees gross income
for the taxable year for federal incase tax purposes, such term does not include
any amount excludable from gross income under this Plan or any other plan
described in section 457(b) of the Internal Revenue Code, any amount exclud-
able from gross income under section 403(b) of the Internal Revenue Code,
or any other amount excludable from gross income for federal income tax pur-
poses. Includible Compensation shall be determined without regard to any
community property laws.
Section 2.07 Joinder Agreement: An agreement entered into between an
Employee and the Employer, including any amendments or modifications
thered. Such agreement shall fix the amount of Deferred Compensation, specify
a preference among the investment alternatives designated by the Employer,
designate the Employee's Beneficiary or Beneficiaries, and incorporate the
terms, conditions, and provisions o1 the Plan by reference.
Section 2.08 Norval Compensation: The amount of compensation which
would be payable to a Participart by the Employer for a taxable year it no
Joinder Agreement were in effect to defer compensation under this Plan.
Section 2.09 Normal Retirement Age: Age 70, unless the Participant has
elected an alternate Normal Retirement Age by written instrument delivered
to the Administrator prior to Separation from Service A Participant's Normal
Retirement Age determines (a) the latest time when benefits may commence
under this Plan (unless the Participant continues employment after Normal
Retirement Age), and (b) the period during which a Participant may utilize the
catch-up limitation of Section 5.02 hereunder. Once a Participant has to any
extent utilized the catch-up limitation of Section 5.02, his Normal Retirement
Age may not be changed.
A Participant's alternate Normal Retirement Age may not be earlier than the
earliest date that the Participant will become eligible to retire and receive
unreduced retirement benefits under the Employer's basic reDrernent plan cover-
ing the Participant and may not be later than the date the Participant attains
age 70. If a Participant continues employment after attaining age 70, not haw
ing previously elected an afternate Normal Retirement Age, the Participant's
alternate Norval Retirement Age shall not be later than the mandatory retire-
ment age, if any, established by the Employer, or the age at which the Par-
ocipant actually separates trom service if the Employer has no mandatory rebre-
ment age. It the Participant will not become eligible to receive benefits under
a basic retirement plan maintained by the Employer, the Participant's ahernate
Normal Retirement Age may not be earlier than attainment of age 55 and may
not be later than the attainment of age 70.
Section 2.10 Participant: Any Employee who has joined the Plan pursuant
to the requirements of Article IV.
Section 2.11 Plan Year: The calendar year.
Section 2.12 Retirement: The first date upon which both d the following
shall have occurred with respect to a Participant: Separation from Service and
attainment of age 6S
Section 2.13 Separation from Service: Severance of the Participant's
employment with the Employer which constitutes a "separation from service'
within the meaning of section 4022 (e) 4 (A) (ii) of the Internal Revenue Code.
In general, a Participant shall be deemed to have severed his employment
with the Employer for purposes of this Pian when, in accordance with the estao-
fished practices of the Employer, the employment relationship is considered
to have actually terminated. In the case of a Participant who is an indepen-
dent contractor of the Employer. Separation from Service shall be deemed
to have occurred when the Participant's contract under which services are per-
formed has completely expired and terminated, there is no foreseeable pos.
sibility that the Employer will renew the contract or enter into a new contract
for the Participants services, and t is not anticipated that the Participant will
become an Employee of the Employer.
AFrnCLE III. ADMINISTRATION
Section 3.01 Duties of Employer: The Employer shall have the authority
to make all discretionary decisions effecting the rights or benefits d Participants
which may be required in the administration of this Plan.
Section 3.02 Duties o1 Administrator. The Administrator, as agent for the
Emplayec shall perform nordiscretionary administrative functions in connec-
tion with the Plan. including the maintenance of Participants' Accounts, the
provision of periodic reports on the status of each Account and the disburse-
ment of benefits on behalf of the Employer in accordance with the provisions
of this Plan
ARTICLE IV. PARTICIPATION IN THE PLAN
Section 6.01 Inttial Participation: An Employee may become a Participant
by entering into a Joinder Agreement prior to the beginning of the calendar
month in which the Joinder Agreement is to become etlective to defer com-
pensation not yet earned.
Section 4.02 Amendment of Joinder Agreement: A Participant may
amend an executed Joinder Agreement to change the amount of compensa-
tion not yet earned which is to be deferred (including the reduction of such
future deferrals to zero) or to change his investment preference (subject to such
restrictions as may result from the nature or terms of arty investment made
by the Employer). Such amendment shall become effective as of the begin -
ring of the calendar month commencing after the date the amendment is
executed. A Participant may at any time amend his Joinder Agreement to
change the designated Beneficiary, and such amendment shall become ettec-
tive immediately.
ARTICLE V. LIMITATIONS OF DEFERRALS
Section 5.01 Normal Urnhatlon: Except as provided in Section 5A2, the
maximum amount of Deterred Compensation for any Participant for any taxa-
ble year shall not exceed the lesser of $7,500.00 or 331h percent of the Par-
tioipartt Intcludble Compensation for the taxable year. This limitation will ordinar-
ily be equivalent to the lesser of 57,500.00 or 25 percent of the Participant's
Normal Compensation.
Section 5.02 Catch -Up Limttatlon: For each of the last three (3) taxable
years of a Participant ending before his attainment of Normal Retirement Age,
the maximum amount of Deferred Compensation shall be the lesser of:
(1) 515,000 or (2) the sum of n the Normal Limitation for the taxable year. and
(it) that portion of the Normal Limitation for each of the prior taxable years of
the Participant commencing after 1978 during which the Plan was in existence,
compensation (d any) deterred under the plan was subject to the limitations
set forth in section 5.01, and the Participant was eligible to participate in the
Plan (or in any other plan established under section 457 of the Internal Reve-
nue Code by an employer within the same State as the Employer) in excess
of the amount of Deferred Compensation for each such prior taxable year
(Including amounts deferred under such other plan). For purposes of this Sector[
5A2. a Participant's Includible Compensation for the current taxable year shall
be deemed to include any Deferred Compensation for the taxable year in excess
of the amount permitted under the Normal Limitation, and the Participant's
Includible Compensation for any prior taxable year shall be deemed to exclude
any amount that could have been deferred under the Normal Limitation for
such prior taxable year.
Section 5,03 Section 403(b) AnnuMos: For purposes of Sections 5.01 and
5.02, amounts contributed by the Employer on behalf of a Participant for the
purchase of an annuity contract described in section 403(b) of the Internal
Revenue Code shall be treated as K such amounts constituted Deferred Com-
pensation under this Plan for the taxable year in which the contribution was
made and shall thereby reduce the maximum anount that may be deferred
for such taxable year.
ARTICLE VI. INVESTMENTS AND ACCOUNT VALUES
Section 6.01 Investment of Deferred Compensation: All investments of
Participants' Deferred Compensation made by the Employer, including all prop-
erty and rights purchased with such amounts and all irrorne attributable thereta
shall be the We property of the Employer and shall not be held in trust for
Participants or as collateral security for the fulfillment of the Employer's obliga-
tons under the Plan. Such property shall be subject to the claims of general
creditors of the Employer. and no PaWpart or Beneficiary shall have any vested
interest or secured on preferred position with respect to such property or have
any claim against the Employer except as a general credit --
Section 6A2 Cr diting of Accounts: The Participants Account shall reftect
the amount and value of ft investments or other property obtained by the
Employer through 7te investment of the Participant's Deterred Compensation.
it is anticipated that the Employer's investments with respect to a Participant
will conform to the investment preference specified in the Participant's Joinder
Agreement, but nothing herein shall be construed to require the Employer to
make any particular investment d a Participant's Deferred Compensation. Each
Participant snap receive periodic reporm not lest trequertty than annually, show-
ing the then -current value of his Account.
Section 6.03 Transfers: A transfer will be accepted from an eligible State
deferred compensation plan maintained by another employer and credited
to a Participant's Account under this Plan. The Employer may require such
documentation from the predecessor plan as 4 deems necessary to effectu-
ate the transfer, to confirm that such plan is an eligible State deferred com-
pensation plan within the meaning of section 457 of the Internal Revenue Code,
and to assure that transfers are provided for under such plan. Any such trans-
ferred amount shall not be treated as a deferral subject to the limitations of
Article V, except that, for purposes of applying the limitations of Section 5.01
and 5.02, an amount deferred during ary taxable year under the plan from
which the transfer is accepted shall be treated as if it had been deferred under
this Plan during such taxable year and compensation paid by the transferor
employer shall be treated as if it had been paid by the Employer.
Section 6.04 Employer Liability: In no event shalt the Employer's liability
to pay benefits to a Participant under Article VI exceed the value of the amounts
credited to the Participant's Accourt; the Employer shall not be Gable for losses
arising from depreciation or shrinkage in the value of arty investments acquired
under this Plan.
ARTICLE VII. BENEFITS
Seetion 7.01 Retirement Benefits and Election on Separation from
Service: Except as otherwise provided in this Article VII, the distribution of
a Participant's Account shall commence during the second calendar month
after the close of the Plan Year of the Participant's Retirement, and the distri-
bution of such Retirement benefits shall be made in accordance with one of
the payment options described in Section 7.02. Notwithstanding the lorego-
ing, the Participant may irrevocably elect within 60 days following separation
from Service to have the distribution of benefits commence on a date other
than that described in the preceding sentence which is at least 60 days after
the date such election is delivered in writing to the Employer and forwarded
to the Administrator but not later than 50 days after the close of the Plan Year
of the Participant's attainment of Normal Retirement Age or Separation from
Service, whichever is later.
Section 7.02 Payment Options: As provided in Sections 7.01 and 7.05, a
Participant may elect to have the value of his Account distributed in accor-
dance with one of the following payment options, provided that such option
is consistent with the limitations set forth in Section 7.03:
(a) Equal monthly, quarterly, semi-annual or annual payments in an amount
chosen by the Participant, continuing until his Account is exhausted:
(b) One lump sum payment;
(c) Approximately equal monthly, quarterly. semi-annual or annual payments.
calculated to.continue for a period chosen by the Partich>ant;
(d) Payments equal to payments made by the issuer of a retirement annuity
policy acquired by the Employer;
(e) Any other payment option elected by the Participant and agreed to by
the Employe -
A Participant's election of a payment option must be made at least 30 days
before the payment of benefits is to commence It a Panicipant fails to make
a timely election of a payment option, benefits shall be paid monthly under
option (c) above for a period of five years.
Sectlon 7.03 Limitation on Options: No payment option may be selected
by the Participant under Section 7.02 unless the present value of the payments
to the Participant, determined as of the date benefits commence exceeds 50
percent of the value of the Participant's Account as of the date benefits
commence Present value determinations under this Section shall be made
by the Administrator in accordance with the expected return multiples set forth
in section 1.72.9 of the Federal Income Tax Regulations (or any successor pro
vision to such regulauorls).
Sectlon 7.01 Post-retirement Death Beneftts: Should the Participant die
after he has begun to receive benefits under a payment option, the remaining
payments. if any, under the payment option shall be payable to the Panici-
pant's Beneficiary commencing within the 30 -day penod commencing with
the 31st day after the Participant's death, unless the Beneficiary elects pay.
men[ under a different payment option within 30 days of the Participant's death.
In no event shall the Employer or Administrator be liable to the Beneficiary
for the amount of ary payment made in the name of the Participant before
the Administrator receives proof of death of the Participant. Notwithstanding
the foregoing, payments to a Beneficiary shall not extend over a period longer
than (i) the Beneficiary's life expectancy if the Beneficiary is the Participant's
spouse or (ii) fifteen (15) years if the Beneficiary is not the Participant's spouse.
If no Beneficiary is designated in the Joinder Agreement, or if the designated
Beneficiary does not survive the Participant for a period of fifteen (15) days,
then the commuted value of any remaining payments under the paymern option
shall be paid in a lump sum to the estate of the Participant. It the designated
Beneficiary survives the Participant for a period of fifteen (15) days, but does
not continue to live for the remaining period of payments under the payment
option (as modified, if necessary, in conformity with the third sentence of this
section), then the commuted value of any remaining payments under the pay-
ment option shall be paid in a lump sum to the estate of the Beneficiary.
Section 7.05 Pre -retirement Death Benefits: Should the Participant die
before he has begun to receive the benefits provided by Section 7.01, the value
of the Participant's Account shall be payable to the Beneficiary commencing
within the 30 -day period commencing on the 91st day after the Participant's
death, unless the Beneficiary elects a different benefit commencement date
within the 90 days of the Participant's death. Such benefits shalt be paid in
approximately equal annual installments over five years, or over such shoner
period as may be necessary to assure that the amount of any annual install-
ment is not less than 33.500, unless the Beneficiary elects a different payment
option within 90 days of the Participant's death. Notwithstanding the torego-
ing, benefits paid to a Beneficiary under this Section may commence no earlier
than the 91st day after the Participant's death and no later than 60 days after
the later of the close d the Plan Year in which the Participant attained or would
have attained Normal Retirement Age or the close of the Plan Year in which
the Participant separated from service. A Beneficiary who may elect a pay-
ment option pursuant to the provisions of the preceding sentence shall be
treated as if he were a Participant for purposes of determining the payment
options available under Section 7.02: provided. however, that the payment option
chosen by the Beneficiary must provide for payments to the Beneficiary over
a period no longer than the life expectancy of the Beneficiary if the Benefici-
ary is the Participant's spouse and must provide for payments over a period
not in excess of fifteen (15) years if the Beneficiary is not the Partiapant's spouse.
Sectlon 7.06 Unforeseeable Emergencies: In the event an unforeseeable
emergency occurs, a Participant may apply to the Employer to receive that
part of the value of his account that is reasonably needed to satisfy the emer-
gency need. If such an application is approved by the Employer. the Participarri
shall be paid only such amount as the Employer deems necessary to meet
the emergency need, but payment shall not be made to the extent that the
financial hardship may be relieved through cessation of deferral under the Plan,
insurance or other reimbursement, or liourdat,on of other assets to the extent
such liquidation would not itself cause severe financial hardship An urtforeseee
able emergency shall be deemed to involve only circumstances of severe
financial hardship to the r _cipant resulting from a sudden and unexpected
illness, accident or disability of the Participant or of a dependent (as defined in
section 152(a) of the Internal Revenue Code) of the Participant, loss of the Par-
ticipant's property due to casualty, or other similar and extraordinary unforesee-
able circumstances arising as a result of events beyond the control of the Par-
ticipant. The need to send a Participant's child to college or to purchase a new
home shall not be considered unforeseeable emergencies. The determination
as to whether such an unforeseeable emergency exists shall be based on the
mems of each individual case.
ARTICLE VIII. NON -ASSIGNABILITY
No Participant or Beneficiary shall have any right to commute, sell, assign,
pledge. transfer or otherwise convey or encumber the right to receive any pay.
ments hereunder, which payments anc rights are expressly declared to be non -
assignable and non -transferable.
ARTICLE IX. RELATIONSHIP TO OTHER PLANS AND EMPLOYMENT
AGREEMENTS
This Plan serves in addition to any other retirement, pension, or benefit plan
or system presently in existence or hereinafter established for the benefit of the
Employer's employees, and participation hereunder shall not affect benefits receiv-
able under any such plan or system. Nothing contained in this Plan shall be
deemed to constitute an employment contract or agreement between any Par-
ticipant and the Employer or to give any Participant the right to be retained in
the employ of the Employer. Nor shall anything herein be construed to modify
the terms of any employment contract or agreement between a Participant and
the Employer.
ARTICLE X. AMENDMENT OR TERMINATION OF PLAN
The Employer may at any time amend this Plan provided that it transmits such
amendment in writing to the Administrator at least 30 days prior to the effective
date of the amendment. The consent of the Administrator shall not be required
in order tot such amendment to become effective, but the Administrator shall
be under no obligation to continue acting as Administrator hereunder it it disap-
proves of such amendment. The Employer may at any time terminate this Plan.
The Administrator may at any time propose an amendment to the Plan by an
instrument in writing transmitted to the Employer at least 30 days before the effec-
tive date of the amendment. Such amendment shall become effective unless,
within such 30 -day period, the Employer notifies the Administrator in writing that
R disapproves such amendment. in which case such amendmert shall not become
effective. In the event of such disapproval. the Administrator shall be under no
obligation to continue acting as Administrator hereunder.
No amendment or termination of the Plan shall divest any Participant of any
rights with respect to compensation deterred before the date of the amendment
or termination.
ARTICLE X1. APPLICABLE LAW
This Plan shall be construed under the laws of the state where the Employer
is located and is established with the intent that it meet the requirements of an
Wigible State deferred compensation plan' under section 457 of the Internal Rev-
enue Code o1 1954, as amended. The provisions of this Plan shall be interpreted
wherever possible in conformity with the requirements of that section.
ARTICLE XII. GENDER AND NUMBER
The masculine pronoun, whenever used herein, shalt include the feminine pro-
noun. and the singular shall induce the plural, except where the context requires
otherwise.
DECLARATION OF TRUST
OF
ICMA RETIREMENT TRUST
ARTICLE 1. NAME AND DEFINITIONS
Section 1.1 Nanta: The Name of the Trust. as amended and restated hereby,
is the ICMA Retirement Trust.
Section 1.2 Deflnitions: Wherever they are used herein, the following terms
ahold have the following respective meanings:
(a) By.Laws. The By -Laws Wwred to in Section 4.1 hered, as amended from
time 10 time.
(b) Debnsd Compensation Plan. A deferred comPensatran plan established
and maintained by a Pudic Employer for the Purpose Of providing retire-
ment income and other deferred benefit to its employees in accordance
with the provisions d section 457 of the Irtemal Revenue Code of 1954.
as amended.
(c) Employees. Those employees who participate in Qualified Plans.
(d) Employer Trust A trust created pursuant to an agreement between RC
and a Pudic Employer for the purpose of investing and administering the
funds set aside by such Employer in connection with ds Deferred Compenr
setion agreements with ile employees or in connscbon with is Qualfied Plan.
(e) Guarar-deed Investment Contract. A contract ordered into by the Retire-
ment Trust with insurance companies that provides for a guaranteed rate
d return on investments made pursuant to such contract.
m ICMA. The International City Management Association.
(g) ICMAIRC Trustees Those Trustees elected by the Pudic Employers who
in accordance with the provisions of Section 3.1(a) tiered. are also Mem-
bers d the Board of Directors d ICMA or RC.
(h) Invastment Adviser. The Investment Adviser that Orders into a contract
with the Retirement Trust to provide advice with rasped to investment of
the Trust Property.
p) Portfolios. The Pontfolios of investments established by the Investment
Adviser to the Retirement Trust, under the supervision of the luslees for
the purpose of providing investments for the Trust Property.
0 Pudic Employee Trustees. Those TruAses elected by the Public Employers
who, in accordance with the provision d Section 3.1(a) hared, are full-time
employees of Pudic Employers.
M Pudic Employer Trustees- Pudic Employers who serve as trustees of
Via Qualified PWs.
q) Public Employer. A unit of state or local government, or any agency or
instrumentality thered, that has adopted a Deferred Compensation Plan or
a Qualified Plan and has executed this Declaration d Trust.
(m) Qualified Plan. A plan sponsored by a Public Employer for the purpose
of providing retirement income to ifs employees which satisfies the qualifi-
colon requirements of Section 401 d the Internal Revenue Coft as
arnended.
(n) RC. The International City Management Association Retirement COMO-
ration.
(o) Retirement Trust. The Trust created by this Declaration d Trust.
(p) Trust property. The amounts held in the Retirement Trust on behaH of the Pudic
Employers in connection with Deferred Compensation Plans and on behall of the
Pudic Employer Trustees for the exclusive benefit of Employees pursuant to Quali-
fied Plans. The Trust Property shall include any income resulting trorn the invest -
mart d the arnounb so held.
(q) Trustees The Pude Employee Trustees and 1CMAIRC Trustees elected by the
Pudic Employers to serve as members d the Board at Trustees d the Retirement
Trutt.
ARTICLE 11. CREATION AND PURPOSE OF THE TRUST; OWNERSHIP
OF TRUST PROPERTY
Section 2.1 Creation: The Retirement Tnist is created and established by
the execution of this Declaration d Trust by the Trustees and the Pudic
Employers.
Section 2.2 Purpose: The purpose of the Retirement Trust is to provide for
the commingled investment d funds held by the Pudic Employers in connec-
tion with their Deferred Compensation and Qualified Plans. The Trust Prop-
erty shall be invested in the Portfolios. in Guaranteed Investment Contracts.
and in other investments recommended by the Investment Adis under the
rthe
eupervison d the Board d ThAtees No part Of the Trust Property be
in securities issued by Pudic Employers
Section 2.3 Ownership of Must Property: The Trustees shall have legal
tide to the Trust Property. The Pudic Employers shall be the beneficial owners
of the portion of the Trust Property allocable to the Deferred Compensation
Plans. The portion of the Trust Property allocable to the Qualified Plans shalt
be hold for the Pudic Employer Trustees for the exclusive bereft of the
Employees
ARTICLE III. TRUSTEES
Section 3.1 Number and Ous"catlon of Trustees.
(a) The Board of Trustees shall consist Of nine Trustees Five of the Trustees
shat be full-time employees of a Public Employer (the Pudic Employee
Trustees) who are authorized by such Public Employer to serve asTrustee
The remaining four Trustees shag Consist of two persons who. at the time of
election to the Board of Trustees, are members d the Board of Directors of
ICMA and two Persons who. at the lima d election, are members of the Board
of Directors of RC (Itis ICMANIC Trustees) One of the Trustees who's a dirador
of ICMA. and one of the Tnutees who is a director of RC, shall. at the time
of election, be %all-time employees of a Pudic Employer.
(b) No person may serve as a Trustee for more than one term in any ten -year
period.
Section 3.2 Election and Timm.
(a) Except for the Trustees appointed fill vacancies pursuant to Section 35
hared. the Trustees shall be elected by a vote of a maionty of the Pudic
Employers in accordance with the procedures set firth in the By -Laws
(b) At tae first election d Trustees. Cres Trustees shall be elected lex a Wm
d Cues years, Cuaa l ,asses !dun be elected for a term d two years and arae
Trnctom shat be elected for a term d one year At each subsequent section,
#use iustses rtha0 be sterid for a term d Cues years and until his or her
aucosesor is elected and qualified.
Section 3.3 Naninaffone: The Trustees who aro fug-tirma employees of Public
Employers sear serve as the Nominating Conrnittee for the Pubic Employee
lushes. The Nornirising Conrnilee thou dhoroae candidases Ior Public Employee
Trustees in accordance with the procedures set bel in the By-laws.
Section 3.4 ReeJpution area Remand.
(a) MY lusin may resign as Trustee (without need for prior or subsequent
accounting) by an irrRrument in writing signed by the Trustee and delivered
to the dhar l atees and such resignation shall be shoo" upon such delivery.
or at a laser date according to the terns of the instrument. Any of the Trustees
may be removed fpr cause by a vote d a maloriy d the Public Employers.
(b) Each Public Employee Trustee shall resign his or her position as luotse
wiltin sixty dews d the dose on w he h he or she ceases la be a kill -time ampfoyee
of a Pubic Ermpfvyer.
Section 33 Vacancies: The term of office of a Trustee shall termineb and
a vacancy shall occur in the evens of the death, resignation, romovaf, adOdi-
pled
incompetence or other incapacity to perform the duties of the office d
a Trustee. In the case of a vacancy, to remaining Trustees shall appoint such
perm as they in Coir discretion shah we fel (sub lect to the limitations tet forth
in Chs Section), to terve for the unexpired portion d the term d the Trustee
!who has resigned or otherwise ceased to be a Trustee. The appoirtment shall
be made by a written instrument signed by a majority of the Trustees. The per-
son appointed must be the same type of Trustee (.e. Pubic Employee Toru&-
use or 1CMAIRC Trustee) as the person who has ceased to be a Trustee. An
appointment d a Trustee may be made in anticipation of a vacancy 10 occur
ai a law date by reason d retirerent or resignation. provided Cat such appoint-
ment 3W not become effective prior to such retirement or resignation. When -
over a vacancy in the number of Trustees shah occur, until such vacancy is
9ed as provided in this Section 3.5, the Trustees in dfice, regardless of that
number shall haws all the powers granted to the Trustees and shall discharge
at the duties imposed upon the Trustees by this Declaration. A written instru-
trant conitying the existence d such vacancy signed by a majority d the
Trustees shall be conclusive evidence of the existence of such vacancy.
Section 3.6 Trustees Serve In Representative Capacity: By executing
the Declaration, each Public Employer agrees than the Public Employee Trustees
elected by the Pudic Employers aro authorized to act as agents and represen>-
daves of the Pudic Employers collectively.
ARTICLE IV. POWERS OF TRUSTEES
Section 4.1 General Powers: The Trustees sinal have the power to conduct
to business of the Bust and to carry on its operations Such power shall include,
but stall not be limirod to, Che power ro:
(a) receive the Trust Property from the Pudic Employers. Public Employer
Trustees or other Trustee of any Employer That;
(D) enter into a contract with on Investment Adviser providing, among other
Mtings. for the establishment and operation d the Portfolios, selection d the
Guaranteed fr*restrnert Contracts in which the That Property may be invested.
lection d other investments for the Trust Property and the payment of reason& -
bel fees b the Investment Adviser and to any sub -investment adviser retained
by the kerastrree t Adviser;
(c) review annually the performance of the Investment Adviser and approve
o nudy the cortrad, with such Irwestrtsent Adviser.
0 ire/ and rMrvet the Trust Property in the PoAfdic s, the Guaranteed Irasrest
Contract= and in any other irwestmert reconrnended by to Irwestmert Adviser.
but not mck ding sernxiaes issued by Public Employers piwided to it a Pubic
Employer has directed that its mortes be invested in specikad Ponbtics or
in a Guaranteed Investment Cortract. the Trustees d the Rebrement lust stall
iirtest such monies in accordance with such directions:
(e) keep such portion d the lust Property in cash or cash belanewas the
iumses, from time to time. may deem to be in the best interest of the Retrre-
nart Trust created hereby. wwthohx liability for interest thereon;
M accept and retain for tucn time as they may doom advisable any sown.
fiat or other property received or acquired by them as Trustees hereunder,
whether or not such securities or other property would normhally be purchased
as k westrmsnt= hereunder;
(g) cause any securities or other property hold as pan of the Trust Property
So be registered in the name d the Retirement Trust or in the name of a nor i-
naa, and to hold arty inhrestmerts in bearer form. but the books and records
d the Trustees stall at ori times straw to al such irwestments are a part of
the lust Property;
(h) nuke. execute acknowledge, and deliver any and all documents of trans,
for and conveyance and any and all other instruments that may be necessary
or appropriate to carry out the powers herein granted;
n wft upon any stick. bards or other securities. give general or special Proofs
or powers of attorney with or without power of substitution, exercise any con.
version privileges, subscription rights, or other options, and make any W
marts im der%W thereto; oppose or consent W or otherwise participate in,
corporate reorganizations or other changes eAect ng corporate securities, and
delegate discretionary powers, and pay any assessments or charges in con-
nection therewith; and generally exercise any of the powers of an owner wim
respect to state;, bonds. securities or other property hold as pan of the Trust
may;
Q enter into contracts or arrangements for goods or services required in con-
nection with the operation of the Retirement Trust. including. but not limited
ft contracts with custodians and contracts for the provision of administrative
services;
(k) borrow or raise money for the purposes of the Retirement lust in such
amount. and upon such terms and conditions, as the Trustees" deem advis-
able. provided that the aggregate amount d such borrowings shall not ewAed
3046 of the value of the Trust Property No person lending money to the Trustees
shall be bound to see the application d the money lent or to inquire into its
validity. expediency or propriety of any such borrowing;
m incur reasonable expenses as required for the operation of the Retirement
Trust and deduct such expenses from the Trust Property;
(m) pay expenses properly allocable to the Trust Property incurred in connec-
tion with the Deterred Compensation Plans, Oualified Plans. or the Employer
Trusts and deduct such expenses from that portion of the Trust Property to
whom such expenses are property allocable;
(n) pay out of the That Property all real and personal property taxes, income
taxes and otther taxes d any and all kinds which, in the opirron d the Trustees.
are property levied, or assessed under existing or fukxe laws upon, or in respect
d. the Trust Property and allocate any such taxes to the appropriate accounts,
(o) adopt, amend and repeal the By -taws. provided that such By -Laws are
at all times consistent with the terms of this Declaration of Trust;
(p) employ persons to nuke available interests in the Retirement lust to
employers eligible to maintain a Deferred Compensation Plan under Section
457 or a Qualified Plan under Section 401 d the Internal Revenue Code, as
amended;
(q) issue the Annual Report d the Rearemem Trust, and the disclosure docu-
ments and other literature used by the Retirement Trust;
(r) make loans, inc iding the purchased debt obligations, provided that all
such loans shall bear interest at the current market rate;
(a) contract for. and delegate any powers granted hereunder to such dficers.
agents. employees, auditors and attorneys as the Trustees may select. provided
to the Trustees, may not delegate the powers set brth in paragraphs (b). (c)
and (o)-d"this Section 4.1 and may not delegate any powers if such delega-
tion would violate their fiduciary duties;
M provide for the irriernniicstion of the dkers and Trustees d the Retirement
lust and purchase fiduciary w arxer=;
(u).maintain boobs and records, Wckx ung separate accounts lot each Pudic
Employer, Pudic Employer Trustee or Employer Trust and such additional sep
state accounts as are required under, and corwstent with. the Deterred Corm-
pensMion or Qualified Plan d each Public Employer; and
(v) do as such acts. take as such proceedings, and exercise all such rights
and privileges. although not specifically mentioned herein, as the Trustees may
deem necessary or appropriate to administer the Bust Property and to carry
*4 the. purposes of the Rearement lust.
motion 41 Dlstrfbutlon of 'Dug Property: c sons d the lhaa Prop
arty shall be mads 14 or on behalf of.1he Public EnM,oyar or Pubic Employer
TruNa4 in accordance with the tris of the DsUlrrad Compensation Plane.
Oualilled PALa or Employer Truett. The TnnONs of the Rivererrwnt Uel Styr
be luny protected m making payments in accordance with the directions of
fit Pubic Empfoyars, Pudic Enmployer iuslees or other Tutee d the Employer
Tu ilc **W ascaftning whether such pMrenss are in complierce with the
provisions of the Deferred Camponsation or Ousfit W Plans, or the sgrsemsnts
creating the Employs Trusts.
Section 4.3 Execution of Instrument: The itiatses may unanimously
doogn ift any ane or more of the lusitm lo sxeoute any votrurneril or door
mant on behalf d all. including but not Wrided to the signing or sndorsenery
d any check and the signing d any rmppications, issurenoe and other con.
tracts and the action of such designated fiustae or lumas shall have the
same Iorce and effect as if taken by all the Uusteet
ARTKXE V. DUTY OF GRE AND LIABILITY OF TRUSTEES
Section 5.1 Duty of Can: In warcising the powers hereinbefore granted 10
the TrUSINK the Trustees shall perform all acts within their authority for ft
srrdu'" purpose d providing toe Wts for the Public Employers in cor lec-
tion wth Deferred COmpersation Plans and Pudic Employer Trus im pursuart
10 Welded Plans, and shall perform such acts with Ce care, skill, prudence
and diligence in the circumstances then prevailing that a prudent penton act.
ing in a Ike capacity and familiar with such matters would use in the conduct
of an enterprise d alike character and with Ike aims.
Section 5.2 Usbflity: The Trusteas shat) not be liable lo► any mistake d jurdg-
meet or other scion taken in good faith, and for any action taken or omitted
in reliance in good faith upon the boobs d 8=04 int or other records of the
Retirement lust, upon the opinion of counsel. or upon reports made to the
Rstiranent Trust by any Of its dicers, employees or agents or by the Istvest-
ment Adviser or any suDinvestmem adviser, accountants, appraisers or other
experts or consultants selected with reasonable care by the Trustees, officers
Or employees of the Retirement Trust. The Trustees shall also not be liable for
any loss sustained by the Trust Property by reason of any inmgm9rt made
in good faith and in accordance with pie standard of care set forth in Section 51.
Section 5.3 Bond: No Trustee shall be obligated to give any bond or doer
security for the performance of any of his or her duties hereunder.
ARTICLE VI. ANNUAL 'ORT TO SHAREHOLDERS
The ludese shell annually submit to the Public Employers and Pubic Employer
7usleea a written report dthe transactions dthe Rafirernari Trust. irduding finan-
tial statements. which shill be oartified by indepandeat public axoununts dhc>
san by the iunum
ARTICLE VB. DURATION OR AMENDMENT OF RETIREMENT TRUST
Section 7.1 MMhdrfwal: A Pubic Employer or Pudic Employer TruAee may.
at any tinct withdraw tram this Rftnvfw t Trust by delivering to the Board of
iustess a written statement of withdrawal. In such statement, ft Pudic
Employer or Public Employer lusin char acknowiedge that tle Trust Prop
arty allocable to the Pubic Employer is derived from compensation deferred
by employees of such Public Employer pursuant to its Defsned C riper ser.
tion Plan or from cortributilons to the accounts of Employaes purswnl to a
Ouafied Plan. and 00 deeignak the irienoal irsimullon to which such property
shall be transferred by the Trustees of the Retirement Trust or by the Trustee
of the Employer Trual.
Seetkm 7.2 Duration: The Retirement first shall continue until terminated
by the vote of a majority of the Public Employers, each casting one vale Upon
termination, aU d the Turd Property shelf be paid out to the Pudic Employers.
Public Employar ludoes or the Truafees of the Employer Trusts, as appropriate.
Section 7.3 Amendment: The Retirement Trust may be amended by the vote
of a majority of the Pudic Employers, each casting one vote.
Section 7.4 Proeedun: A resolution tD terminate or amend the Retirement
Trust or to remove a Trustee shat be submitted to a vote of the Public Employers
H: () a majority of the Trustees oro direct, or: @ a petition requesting a vote,
signed by not less than 25% of the Pudic Employers, is submitted to the
Trustees.
ARTICLE Vlll. MISCELLANEOUS
Section 5.1 Governing Lamy: Except as otherwise required by state or local
law, this Declaration of Trust and the Retirement Trust hereby created shall be
construed and regulated by the laws of the Distrix of Columbia.
Section 8.2 Counterparts: This Declaration may be executed by the Pudic
Employers and Trusyes in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same
instrument.
RESOLUTION NO. 89 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, URGING THE IMPLEMENTATION
OF THE ANTI-DRUG ABUSE ACT OF 1988
TARGETING RESOURCES MADE AVAILABLE UNDER THE
ACT TO THOSE AREAS WHICH HAVE INDICATED THE GREATEST
NEED INCLUDING LOS ANGELES COUNTY
WHEREAS, Los Angeles County is facing a serious
drug problem; and
WHEREAS, Los Angeles County's drug crisis is one
of international and national proportion; and
WHEREAS, in 1988 Los Angeles County, Federal and
local Narcotics Agents seized more than 100 million dollars in
cash, seized 37,000 pounds of cocaine, arrested over 90,000
persons on drug charges; and
WHEREAS, Los Angeles County is the major
transshipment area where cocaine, heroin and other destructive
narcotics are moving throughout the rest of the Unted States;
and
WHEREAS, Los Angeles County has had a
disproportionately small share of Federal resources for
combating the use of drugs.
NOW, THEREFORE, BE IT RESOLVED that the City
Council of the City of Diamond Bar urges the Federal Government
to reallocate resources including personnel, technology and
funding to Los Angeles County to assist in:
1) Increasing the capacity of the drug treatment
system.
2) Increasing support and prevention and
education efforts aimed at helping young people and others
resist and reject drugs.
3) Increasing the ability of Federal, State and
local law enforcement agencies to detect, arrest and
successfully prosecute those persons responsible for drug
trafficking.
PASSED, APPROVED, AND ADOPTED this day of
1989.
Mayor
I, Lynda Burgess, City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Resolution
was passed at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , by
the following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
City Clerk of the
City of Diamond Bar
RESOLUTION NO. 89 -
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, IN SUPPORT OF
THE INCORPORATION REQUEST BY MALIBU RESIDENTS
AND URGING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS
TO CALL FOR THE ELECTION
Bar, that
RESOLVED, by the City Council of the City Diamond
WHEREAS, there is proposed the incorporation of
the City of Malibu in Los Angeles County which was initially
approved by LAFCO in May of 1988; and
WHEREAS, the Board of Supervisors of Los Angeles
County held a 'Protest' hearing, as required by the Local
Government Reorganization Act, on October 19, 1989 at which no
protests were received, and at which they were able to set a
cityhood election date; and
WHEREAS, the Board continued the hearing until
November 21 on the request of Supervisor Dana and on the advice
of County Counsel that they ignore the time frames of the
Reorganization Act, and delay setting an election date
indefinitely until assurance that the county sewer project is
able to move forward.
NOW, THEREFORE, the City Council of the.City of
Diamond Bar hereby resolves as follows:
SECTION 1. That the Malibu incorporation process
has suffered abnormal and unnecessary delay.
SECTION 2. that cityhood and sewers are separate
issues and should be treated as such the cityhood election
should not be delayed while the County pursues implementation
of their sewer plan.
3. Should the count er plan not be
implemented prior to a succ cityhood election it becomes
the duty and right o e city to assume re ility for
their waste sposal needs.
SECTION 4. The City Council urges the Board of
Supervisors to set a Malibu incorporation election date for
April 1990 at its November 21, 1989 hearing and end the
disenfranchisement of Malibu.
PASSED, APPROVED, AND ADOPTED this day of
, 1989.
Mayor
I, Lynda Burgess, City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Resolution
was passed at a regular meeting o f - the City Council of the City
of Diamond Bar held on the day of , 1989,
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk of the City
Of Diamond Bar
n
MALIBU COMMITTEE FOR INCORPORATION
4984 SOUTH iENCINAL CANYON RD.
MALIBU, CA_ 90265
(213) 457-7066 " 457-7397
Oct. 30, 1989
Mayor Phyllis Papen
21660 E. Copley Drive,Suite 100
Diamond Bar, Co. 91765
Dear Mayor Papen:
We are writi ng to request that your City Council di rect to the Board of Supervisors a resol ution of support
for the residents of Mali bu to vote on cityhood.
Our path to cityhood has been unnecessarily long and most unfair. We sailed through LAFCO with an
affirmative vote in Mey of 1988 and should have had an election in November of 1988, but Board of
Supervisors delays pl us a developer's lawsuit, all over the County bei ng able to continue with thei r sewer
plan, have stalled us. In the interim, LAFCO's Chairman, Tom Jackson was pressured into stepping aside
from further participation and LAFCO hired an outside, independent attorney who declared that a sewer
condition infringed on city rights and was illegal. At a second hearing in June 1989, Jackson's
replacement, Walter Tucker, switched his vote and provided the majority vote for the condition. The
condition provides that the County of Los Angeles retain full jurisdiction over three special assessment
district C.I.s for a maximum of 10 years. One would have hoped that the County would now be satisfied and
let us vote, but they are not. They finall y held a hearing on October 19, at which no protests were received
and at which they should have taken immediate action to set an April election. Instead, it was continued
until November 21 (which is a week after a scheduled Coastal Commission hearing on the County sewer
plan which they rejected in September). Worse, the County Coumel claims that the Board should delay
setting an election and ignore the time limits set by state law until the Coasts] Commission has approved
their sewer. He is intentionally misinterpreting the sewer condition and state law under direction of
Supervisor Deane Dana. We contend that the condition is illegal, that the County sewer plan is
inappropriate and should permit a vote of those taxed and, above all, that the city can solve our waste
disposal problems more appropriately and efficiently.
At the Oct. 19 hear! ng, Supervisors Antonovich, Edel man and Hahn appeared sympathetic to our effort and
reluctant in their approval of Dana's motion to continue the hearing. We are hopeful that resolutions of
support from cities such as yours will hel p us to convi nce them that enough is enough. A draft resol ution
is attached; we will be grateful for any form your resolution takes and for any other assistance you are
able to provide (personal calls to Supervisors, media, etc.).
Your consideration of our request wl11 be most appreciated. Please advise us of the result.
For t S ,
alter F. eller,Co-Cheir
RECEIVED tl nV 0 3 19$9
PHYLLIS PAPEN
Mayor
PAUL V. HORCHER
Mayor Pro Tem
GARY MILLER
GARY WERNER
JOHN FORBING
Councilmernbers
ROBERT L. VAN NORT
City Manager
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 100
DIAMOND BAR, CA 91765
714 -860 -CITY 714-860-2489
November 13, 1989
Los Angeles County
Board of Supervisors
500 West Temple Street
Los Angeles, California 90012
Gentlemen:
At our City Council meeting of November 7, 1989, the Council
approved Resolution No. 89-110 entitled Resolution of the
City Council of the City of Diamond Bar, California, in
support of the Incorporation Request by Malibu Residents and
urging the Los Angeles County Board of Supervisors to call
for the election.
It is our hope that you will grant the residents of Malibu
the opportunity to take control of their community by
granting them an election date of April, 1990.
Sincerely,
LYNDA BURGESS
City Clerk
LB/tn
cc: Malibu Committee for Incorporation
Encl .
RESOLUTION NO. 89-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR ESTABLISHING THE
POSITION AND RANGE FOR PLANNING DIRECTOR
WHEREAS the City of Diamond Bar was incorporated on April
18, 1989; and
WHEREAS the need for the position of Planning Director
has arisen;
THEREFORE BE IT RESOLVED by the City Council of the City
of Diamond Bar, California, as follows:
Section 1. That the position of Planning Director shall
be established.
Section 2. That the position shall be effective November
13, 1989,
Section 3. That the salary shall be set at $51,600 per
annum plus expenses for relocation and temporary lodging not to
exceed $3,500, and
Section 4. That the position shall be assigned to the
management unit with all benefits accorded respectively.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Diamond Bar on the day of , 1989.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing Resolution was adopted at a
regular meeting of the City Council of the City of Diamond Bar held
on the day of , 1989, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Lynda Burgess
City Clerk
CITY OF DIAMOND BAR v\1
AGENDA SCHEDULING.REQUEST
TO: CITY CLERK
FROMe Joann M. Sa
FOR MEETING DATE: Novem
[ ] Consent Calendar [X] Special Presentations
[ ] Public Hearings [ ) Closed Session
[ j Unfinished Business [ ) Other
[ ] New Business
sss¢:s.sassss:sssaassas:ssssssscs:s:sssssssss¢sss¢as:ssssssasssssss
AGENDA TITLE: Proclamation of the City Council of the City.of
Diamond Bar proclaiming the weekend of January 13 and 14, 1990
as the annual "Tournament of Champions".
assess:aassasazazssiizsisas:ssesilsassassa:sszsslasas::aslszzszisi
RECOMMENDED ACTION:
Approve the proclamation for the "Tournament of Champions" as
presented.
iitiiitsiiiiiliiitiiiiiiiiiiiliti tf iiiliiliiiiiiiiiii!liiii!liiiiaa
External Distribution - name and address of applicant or others
to be notified of meeting and decision:
CITY OF DIAMOND BAR
MEMORANDUM
TO: Joanne
FROM: Marybeth, Parks & Rec.
DATE: October 18, 1989
SUBJECT: "Tournament of Champions" Proclamation
The following is a sample or draft for a proclamation for the Dia-
mond Bar United Soccer Club's "Tournament of Champions." Please
review and notify me whether or not this is what is desired.
A=PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
PROCLAIMING THE WEEKEND JANUARY 13 AND 14
AS THE ANNUAL "TOURNAMENT OF CHAMPIONS"
WHEREAS, sports associations, like the Diamond Bar United Soc-
cer Club, emphasize the importance of teamwork and sportsmanship to
the community of Diamond Bar;
WHEREAS, sports associations facilitate social interaction be-
tween parents and children in a wholesome atmosphere;
WHEREAS, soccer helps develop motor skills and coordination as
well as providing an excellant form of exercise for growing and de-
veloping children;
WHEREAS, the Diamond Bar United Soccer Tournament of Champions,
which has developed a reputation as one of the premier soccer Tourna-
ments in the Southwest, welcomes sixty (60) of the finest youth
soccer teams from California, Arizona, and Nevada; and
WHEREAS, the City of Diamond Bar and the Diamond Bar United
Soccer Club will host the eighth annual "Tournament of Champions"
the weekend of January 13 and 14, 1990.
NOW, THEREFORE IT WILL BE PROCLAIMED by the City Council of the
City of Diamond Bar that the weekend of January 13 and 14 will be
the Annual Tournament of Champions Weekend.
•
DIAMOND R R UNITED
CCER CLuo
P.O. Box 4054, Diamond Bar, California 91765
(714) 861-8911
October 11, 1989
The Honorable Phyllis Papen
Mayor of Diamond Bar
21660 E. Copley Dr.
Suite 100
Diamond Bar, CA 91765
Dear Mayor Papen:
The City of Diamond Bar and the Diamond Bar United Soccer Club
will host the eighth annual "Tournament of Champions" the
weekend of January 13 and 14, 1990.
The tournament will showcase 60 of the finest youth soccer
teams from California, Arizona, and Nevada. The Diamond Bar
United Soccer Tournament has developed a reputation as one
of the premier soccer tournaments in the southwest.
The Diamond Bar United Soccer Club Tornament Committee wishes
to extend a special invitation to you , the City Council and
the Merchants of Diamond Bar to attend our tournament.
We hope the City of Diamond Bar and it's citizens will extend
a warm welcome to the players, parents, and soccer fans that
visit our city during the "Tournament of Champions".
Thank you in advance for your support'in achieving our goals.
Sincerely
Chuck Ward
Tournament Chairman
Diamond Bar United Soccer Club
"Tournament of Champions"
R C'EIVE® O'Cl 1 3 1989
AGENDA ITEM NO. 9
NO DOCUMENTATION AVAILABLE
November 7,1989
Mayor Papen, council members of the City of Diamond Bar, we thank
you for this opportunity to present to you the Baha'i statement "THE
PROMISE OF WORLD PEACE". This statement is NOT to promote the
Baha'i Faith, but rather to give a blueprint for World Peace.
For the first time in history the dream of peace on earth is within
the reach of nations. Many signs pointing to increasing
co-operation among nations and peoples are evident. Cases in point
have been the universal campaigns such as "We Are The World",
Farmer's Relief, the Cheyrnobl nuclear disaster, the outpouring of
aid to Armenia and Mexico during their earthquakes. Right now we
are experiencing the love for our fellow man in the pulling
together of energy and resources to help the hurricane victims and
of course, the peoples of northern California that have suffered in
this latest devastating earthquake. These are some perfect examples
of cooperation between peoples. CAN YOU IMAGINE WHAT THE SAME
COOPERATION BETWEEN NATIONS WOULD DO? Yet doubts, misconceptions,
prejudices, suspicions and narrow self-interest persist.
We believe the view "that aggression and conflict are basic to human
nature" is a distortion of man's true spirit. Man was made in the
image of the attributes of God and his true nature is spiritual. He
is not naturally aggressive and selfish. The pursuit of materialism
makes him so. Religion leads him back to his true nature. No
serious attempt to achieve world peace can ignore religion.
Banning particular weapons will not achieve peace. Discrimination,
prejudice, the extreme disparity between rich and poor, unbridled
nationalism and religious strife are MAJOR obstacles to peace. The
three most important pre -requisites to peace are full equality
between men and women, universal education for ALL people and the
promotion of a common communication between ALL citizens of the
planet. Elimination of war is not simply signing treaties and
protocol but a complex task that requires peace to be raised to the
level of principle. For peace stems from an inner state supported by
spiritual and moral attitudes.
Each of us are responsible in our daily lives to work towards
achieving peace. World Peace can be founded ONLY on the
consciousness of the ONENESS OF MANKIND. We not only convey a
vision in words but summon the power of deeds of faith and
sacrifice. We join ALL who are the victims of aggression and
repression, ALL who yearn for an end to conflict and contention, ALL
whose devotion to principles of peace and world order promotes the
ennobling purpose for which humanity was called into being by an
all -loving Creator.
In the earnestness of our desire to impart to you the fervor of our
hope and depth of our confidence, we cite the emphatic promise of
Baha'u'Llah, Prophet -founder of the Baha'i Faith, "these fruitless
strifes, these ruinous wars shall pass away, and the "Most Great
Peace shall come".
With this Mayor Papen, esteemed council members, we present to you
the "PROMISE OF WORLD PEACE". We hope each of you will read and
study this statement on your own. We would also like to present to
the People of the City of Diamond Bar a copy to be made available to
them through their public library.
Thank You,
Carol Gale
Representative of the Baha'i Faith
CITY OF
DIAMOND BAR
CASH CONTRACT NO.- 4958
DECORAH ROAD, ET AL.
Approved / f ?—(,D &
T. A. TIDEMANSON
By Q�9_
Deputy Director
•
CASH CONTRACT NO. 4958
DECORAH ROAD, ET AL.
TABLE OF CONTENTS
A. SPECIAL PROVISIONS
Section G - General
Section R - Roadway
B. INSTRUCTIONS TO BIDDERS
C. BID PROPOSAL
CASH CONTRACT N0. 4.958
DFCORAH ROAD, ET AL.
SPECIAL PROVISIONS
GENERAL
Pages G-1 through G- 15
G-1
AGENCY: CITY OF DIAMOND BAR
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4 3c58
(DECORAH ROAD, ET AL.)
LIMITS
On Decorah Road, et al., for a total length of 8.47 miles.
WORK TO BE PERFORMED
The work to be performed or executed under these specifications consists of and
includes slurry sealing of the existing pavement and other incidental
and appurtenant work necessary for the proper construction of the
contemplated improvements, as indicated on the accompanying plans.
PLANS
Included herewith and as a part hereof are the following plans showing the
location, extent, nature and details of the work to be done:
PLAN
773HE (Included herein on pages R-4 through R-10)
G-2
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
SPECIFICATIONS
The work to be done shall be performed or executed in accordance with these
Special Provisions and the following which is included by reference only:
The .Standard Specifications for Public Works Construction", 1988 Edition,
hereinafter referred to as the Standard Specifications. The Standard
Specifications are published by Building News, Inc., 3055 Overland Avenue,
Los Angeles, California 90034.
ADDENDA
The Engineer may, without Board approval, issue addenda to the con-
tract documents during the period of advertising for bids, for the
purpose of: (a) revising prevailing wage scales or (b) clarifying
or correcting Special Provisions, Plans or Bid Proposal; provided
that any such addenda do not change the original scope and intent
of the project.
Purchasers of contract documents will be notified and furnished
copies of such addenda, either by certified mail or personal deliv-
ery, during the period of advertising.
TIME LIMIT AND NOTICE TO PROCEED
All work shall be complete within 15 working days. A move -in period
of 15_ calendar days will be allowed starting on the date in the Notice to
Proceed. The Contractor will not be allowed to start work prior to the date of
the Notice to Proceed and until he has returned the executed contract and has
submitted contract bonds and liability insurance acceptable to the Agency. The
counting of working days shall start on the date the Contractor elects to start
work or the last day of the move -in period, whichever occurs first. The
Contractor shall utilize the move -An period to ensure that all materials
required for the project will be available for the scheduled work. No
additional working days will be allowed for material delay once the Contractor
commences work. The Contractor shall notify the Engineer at least 5 working
days prior to the start of work.
Nothing in this section will relieve the Contractor of its obligations relative
to starting work as required elsewhere in these specifications.
G-3
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
CONTRACT DOCUMENTS
Documents which shall be signed and returned to the Agency at the
time of Bid are:
Schedule of Prices
Bidder's Bond
List of Subcontractors
Noncollusion Affidavit
Documents which are to be signed and returned to the Agency by the
awardee are:
Contract Agreement
Bond for Faithful Performance
Payment Bond (for Labor and Material)*
Certificate of Public Liability and Property Damage Insurance
Statement relative to Workmen's Compensation Insurance
* Required only when bid price is in excess of $25,000.00
CITY REPRESENTATIVE
Wherever the word "Board" appears in these Special Provisions, it
shall mean the City or its authorized City Representative.
CONTRACTUAL AGENT
Pursuant to contractual arrangements between the County of Los
Angeles and the City, inspection and technical services -may be
performed by the Departments, officers and agents of the County.
CHANGES IN THE WORK
Subsection 3-2.1 of the Standard Specifications is supplemented
by the following:
Notwithstanding the limitation imposed by this Subsection, the
Engineer may, without Board approval, order changes in the work
which increase the contract cost by not more than 10 percent of
the contract amount.
G-4
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
SUBCONTRACTORS
In Subsection 2-3.1 of the Standard Specifications, delete the second paragraph
and amend the third paragraph to read as follows:
The Bidder shall set forth in the Bid, as provided in Section 4104:
"(a) The name and the location of the place of business of each
subcontractor who will perform work or labor or render service to the prime
contractor in or about the construction of the work or improvement, or a
subcontractor licensed by the State of California who, under subcontract to the
prime contractor, specially fabricates and installs a portion of the work or
improvement according to detailed drawings contained in the plans and
specifications, in an amount in excess of one-half of 1 percent of the prime
contractor's total bid or, in the case of bids or offers for the construction
of streets or highways, including bridges, in excess of one-half of 1 percent
of the prime contractor's total bid or ten thousand dollars ($10,000),
whichever is greater.
(b) The portion of the work which will be done by each subcontractor
under this act. The prime contractor shall list only one subcontractor for
each portion as is defined by the prime contractor in his or her bid."
The first sentence of the first paragraph, the last sentence of the third
paragraph, and the fourth paragraph of Subsection 2-3.2 of the Standard
Specifications are also deleted.
ESTIMATED QUANTITIES
The estimated quantities of work and materials to be performed,
constructed or furnished by the Contractor under these specifications
are as follows:
ITEM OPERATION, ARTICLE OR MATERIAL UNIT AND
NUMBER TO BE PERFORMED, CONSTRUCTED OR FURNISHED QUANTITY
1 QUICK SET EMULSION AGGREGATE SLURRY, ELT 1,055
TYPE II
G-5
SPECIAL PROVISIONS FOR CASH COFTRACT NO. 4958
UTILITIES
Section 5 of the Standard Specifications is supplemented and
amended by the following provisions:
Subsection 5-1 is revised to read:
5-1 LOCATION. Known underground utilities are identified in
the Special Provisions or on the plans and will be marked on
the project site prior to construction in accordance with the
requirements of Section 4215 of the Government Code.
Where underground main distribution conduits such as water,
gas, sewer, electric power, telephone or cable television
are shown on the plans, the Contractor, for the purpose of
preparing a bid, shall assume that every property parcel will
be served by a service connection for each type of utility.
Prior to the start of work by the Contractor, the Agency
will require the utility owners to locate, mark and provide
an acceptable indication of the depth of utilities, including
service connections, which may be affected by the Contractor's
operations. The Agency may also require the Contractor to
locate or pothole utilities, in which case payment will be
made as provided in Subsection 3-3, Extra Work.
The Contractor shall contact Underground Service Alert of Southern
California at 1-800-422-4133 two working days prior to performing
any construction, resurfacing or sealing within road right of way.
With respect to Subsections 5-5 and 6-6.3 relative to payment to
the Contractor for actual loss due to utility delay, such payment
for a protracted utility delay shall be calculated based on wage
increases, price increases of material and equipment, additional
insurance costs and actual direct costs of maintaining the construc-
tion site incurred as a result of such utility delay.
Some existing utility facilities will remain in place and the
Contractor will be required to work around and pave up to said
facilities. During paving operations, Contractor shall cooperate
with and notify owners of sleeve type valve covers to adjust covers
to grade.
The utility companies and their facilities which are or will be
located on the site of the project and any anticipated relocations
thereof are as follows:
Southern California Edison Co.
Southern California Gas Co.
Walnut Valley Water Dist.
General Telephone Co.
Jones Intercable
G-6
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
PERMANENT SURVEY MARKERS
The second paragraph of Subsection 2-9.1 of, the Standard Specifi-
cations is amended to read:
When a change is made in the finished elevation of the pavement
of any roadway in which a permanent survey monument is located, the
Engineer will adjust the monument cover to the new grade.
EXTENSIONS OF TIME
Subsection 6-6.2 of the Standard Specifications is supplemented by the
following:
Such extensions of time will be reflected as non -working days on
the Statement of Working Days.
WORKING DAY
Subsection 6-7.2 of the Standard Specifications is supplemented
by adding to subheadings 5) and 6) the following:
...as defined in Subsection 6-6.1 and the following:
(a) Inclement weather or conditions resulting immediately
. therefrom.
(b) Installation, relocation and/or alteration of public
and/or private utilities by others.
LIQUIDATED DAMAGES
Subsection 6-9 of the Standard Specifications is supplemented by
the following:
The amount of the liquidated damages is hereby revised to g 250 per calendar day.
It is further agreed that in case the work called for under
the contract is not finished and completed in all parts and
requirements within the number of working days specified, the
Agency shall have the right to increase the number of working
days or not, as it may deem best to serve the interest of the
Agency, and if it decides to increase the said number of working
days in lieu of charging liquidated damages, it shall further
have the right to charge to the Contractor, its heirs, assignees
or sureties and to deduct from the final payment for the work
all or any part, as the Agency may deem proper, of the actual
cost of engineering, inspection, superintendence, and other''
overhead expenses which are directly chargeable to the contract,
and which accrue during the period of such extension, except
that cost of final surveys and preparation of final estimate
shall not be included in such charges.
G-7
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
USE OF IMPROVEMENT DURING CONSTRUCTION
Subsection 6-10 of the Standard Specifications is supplemented by
the following:
Action by the Agency to take over and utilize any part of the
project shall become effective only upon issuance of a written
notice, signed by the Engineer, setting forth a description of the
completed improvements to be taken over, the effective date, loca-
tion and limits therof.
LABOR LAWS
Subsection 7-2.2 of the Standard Specifications is supplemented by
the following:
7-2.2.1 Hours of Labor. Eight hours constitutes a legal day's
work. The Contractor shall forfeit, as a penalty to the Agency,
$25.00 for each worker employed in the execution of the contract by
the Contractor or any of its subcontractors for each calendar day
during which such worker is required or permitted to work more than
8 hours in any one calendar day and 40 hours in any one calendar week
in violation of the provisions of the Labor Code, and in particular,
Sections 1810 to 1815 thereof, inclusive, except that work performed
by employees of contractors in excess of 8 hours per day and 40 hours
during any one week shall per permitted, upon compensation for all
hours worked in excess of 8 hours per day at not less than 1-1/2 times
the basic rate of pay, as provided in said Section 1815.
7-2.2.2 Prevailing Wages. The Contractor shall comply with
Labor Code Section 1775: "The Contractor shall, a's a penalty to the
State or political subdivision on whose behalf the contract is made
or awarded, forfeit twenty-five dollars ($25) for each calendar day,
or portion thereof, for each workman paid less than the prevailing
rates as determined by the director for such work or craft in which
such workman is employed for any public work done under the contract
by him or by any subcontractor under him. The difference between such
prevailing wage rates and the amount paid to each workman for each
calendar day or portion thereof for which each workman was paid less
than the prevailing wage rate shall be paid to each workman by the
contractor."
7-2.2.3 Prevailing Wage Rates. In accordance with Section 1773.1
of the Labor Code, the Contractor shall post a'copy of the prevailing
wage rates at the job site. The Agency will furnish copies of said
wage rates for the Contractor's use.
RM
SPECIAL PROVISIONS FOR CASH CONTRACT N0. 49}58
WOR.K RECORDS
Subsection 7-2 of the Standard Specifications is supplemented by
the following:
7-2.3 Work Records. Pursuant to Section 1812 of the California
Labor Code, on every day worked the Contractor shall submit to the
Engineer a written record of all employees working on the project
that day. The record shall include each employee's name, Social
Security number, job classification and the number of hours worked.
LIABILITY INSURANCE
Subsection 7-3 of the Standard Specifications is amended by the
following:
The last sentence of the fourth paragraph is amended to read:
The Agency will not be liable for any accident, loss or damage
to the work prior to the time that the Contractor is relieved of
responsibility to protect the work as provided in Subsections 6-8
and 6-10 except for certain "Acts of God" in conformance with
Sections 4150 and 4151 of the Government Code.
PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Subsection 7-9 of the Standard Specifications is supplemented by
the following:
Except as may otherwise be provided in specific instances, nothing
in the Contract shall be construed as vesting in the Contractor any
property right in any material, article or structure existing at the
time of award of Contract within the area in which the work is to be
done; or in any material or article subsequently furnished for the
work by the Contractor after having been accounted for on an approved
estimate supporting the Contractor's demand for payment as provided in
Subsection 9-3. In the latter event any such material, article,
structure or work shall become the property of the Agency after being
so accounted for.
SAFETY ORDERS
Subsection 7-10.4.1 of the Standard Specifications is supplemented
by the following:
The Contractor shall provide all safety measures necessary to
protect the public and workers within the construction area.
G-9
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
PUBLIC CONVENIENCE AND SAFETY
Subsection 7-10 of the Standard Specifications is amended and
supplemented by the following paragraphs:
ACCESS
At least 24 hours in advance of closing or restricting access to
any property, the Contractor shall notify the owner or resident
of said property.
DETOUR
In no case shall traffic be diverted from the existing traveled
way without prior approval of the Engineer.
TRAFFIC FLOW
In order to facilitate the flow of traffic during the contractual
period, the Agency reserves the right to extend the limits of the
project to include any areas where signing and delineating is
deemed necessary by the Engineer.
AGENCY SERVICES
The Agency will provide at no cost to the Contractor traffic
striping and marking Monday through Thursday excluding legal holidays.
The Engineer, upon application by the Contractor, will make
arrangements for these services. A minimum of 48 hours advance
notice, exclusive of Saturday, Sunday or any holiday, is required
for the above services.
Full compensation for complying with the above requirements shall be
considered as included in the various items of work unless otherwise
specified above.
G-10
Co -SF
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
TRAFFIC SAFETY DEVICES
Subsection 7-10 of the Standard Specifications is supplemented by
the following:
7-10.5 Traffic Safety Devices. The Contractor shall provide
and maintain all signs, barricades, pedestals, flashers, delineators
and other necessary facilities for the protection of the motoring
public within the limits of the construction area. The Contractor
shall also post proper signs to notify the public regarding detours
and the condition of the roadway, all in accordance with the provis-
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 495A
TRAFFIC SAFETY DEVICES (Cont.)
Reflective bands shall be fabricated from flexible vinyl plastic
sheeting, either silver -white or yellow, having not less than the
following dry relectance values at a 0.2 degree divergence angle,
expressed in units of candlepower per footcandle per square foot.
The reflectance values shall be determined by Calif. Test 642. The
wet reflectance values shall be not less than 90 percent of the dry
values when tested in accordance with the Federal Highway Adminis-
tration Specification FP -79, Section 718.01(c).
DRY REFLECTANCE VALUE
Angle of Incidence (degrees)
-4 30
Silver -White 250 95
Yellow 170 64
Only one type of portable delineator shall be used on the project.
The type of portable delineator proposed for use on the project shall
be submitted to the Engineer for approval prior to placement on the
project. The portable delineators shall be spaced as necessary for
proper delineation. The spacing between delineators shall not exceed
100 feet on tangents or 50 feet on curves.
Every effort will be made by the Engineer to provide the striping
for new pavement or restriping for existing pavement as requested, but
it shall be the Contractor's responsibility to maintain the afore-
mentioned delineators until such time as the striping is actually
accomplished unless otherwise approved by the Engineer.
Any action on the part of the Engineer in directing the Contrac-
tor's attention to inadequacy of the required devices and services or
any action of the Agency to alleviate the Contractor's inadequacies
shall not relieve the Contractor from responsibility for public
safety or abrogate its obligation to provide and maintain these
devices and services. If the Contractor fails to provide and maintain
these devices and services and the Agency is required to alleviate
said condition, the total charges of labor, equipment and materials,
including overhead and transportation, accrued by the Agency for such
work will be deducted from the contract payments to the Contractor.
All costs incurred in complying with the above requirements shall
be considered as included in the various related items of work.
G-12
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
PAYROLL RECORDS
Subsection 7-15 of the Standard Specifications is amended to read as
follows:
7-15 Payroll Records. The Contractor's attention is directed
to the following provisions of Labor Code Section 1776 (Stats. 1978,
Ch. 1249):
"(a) Each contractor and subcontractor shall keep an accurate payroll
record, showing the name, address, social security number, work class-
ification, straight time and overtime hours worked each day and week,
and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by him or her in connection with
the public work.
(b) The payroll records enumerated under subdivision (a) shall be cer-
tified and shall be available for inspection at all reasonable hours
at the principal office of the contractor on the following basis:
(1) A Certified copy of an employee's payroll record shall be made
available for inspection or furnished to such employee or his or
her authorized representative on request.
(2 ) A Certified copy of all payroll records enumerated in sub-
division (a) shall be made available for inspection or furnished
upon request to a representative of the body. awarding the contract,
the Division of Labor Standards Enforcement and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
(3) A Certified copy of all payroll records enumerated in sub-
division (a) shall be made available upon request to the public for
inspection or copies thereof made; provided, however, that a request
by the public shall be made through either the body awarding the
contract, the Division of Apprenticeship Standards, or the Division
of Labor Standards Enforcement. The public shall not be given access
to such records at the principal office of the contractor.
(c) Each contractor shall file a certified copy of the records enum-
erated in subdivision (a) with the entity that requested such records
within 10 days after receipt of a written request.
(d) Any copy of records made available 'for inspection as copies and
furnished upon request to the public or any public agency by the
awarding body, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement shall be marked or obliterated
in such a manner as to prevent disclosure of an individual's name,
address and social security number. The name and address of the
contractor awarded the contract or performing the contract shall not
be marked or obliterated.
G-1 3
SPECIAL PROVISIONS FOR CASH CONTRACT NO. -4958
PAYROLL RECORDS (Cont.)
(e) The contractor shall inform the body awarding the contract of the
location of the records enumerated under subdivision (a), including
the street address, City and County, and shall, within five working
days provide a notice of a change of location and address.
(f) In the event of noncompliance with the requirements of this
section, the contractor shall have 10 days in which to comply subse-
quent to receipt of written notice specifying in what respects such
contractor must comply with this section. Should noncompliance still
be evident after such 10 -day period, the contractor shall, as a penalty
to the state or political subdivision on whose behalf the contract is
made or awarded, forfeit twenty-five .dollars ($25) for each calendar
day, or portion thereof, for each worker, until strict compliance is
effectuated. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, such penalties
shall be withheld from progress payments then due."
Furthermore, in accordance with said Section 1776, the Contractor
shall be responsible for the compliance with these provisions by all
subcontractors.
PAYMENT
Subsection 9-3.1 of the Standard Specifications is amended as follows:
The last two lines of the sixth paragraph are amended to read:
any way prior to the time that the Contractor is relieved of
responsibility to protect the work as provided in Subsections
6-8 and 6-10.
The last paragraph is amended to read:
Following acceptance of the work by.the Board, or as prescribed
by law, the amount deducted from the final estimate and retained by
the Agency will be paid to the Contractor, except such amounts as are
required by law to be withheld by properly executed and filed notices
to stop payment, or as may be authorized by the contract to be further
retained.
The last paragraph of Subsection 9-3.2 is revised to read as follows:
As provided for in Section 22300 of the California Public Contract Code, the
Contractor may substitute securities for any monies withheld by the Agency to
ensure performance under the Contract.
Subsection 9-3.3 of the Standard Specifications is supplemented by
the following:
When approved by the Engineer, payment may be made for materials
and equipment delivered to and stored at the project site, or other
approved location, for use on the project but not yet incorporated in
the work. Before accounting for these materials and equipment on the
monthly estimate, the Contractor shall furnish to the Engineer invoices
therefor. The payment will be limited to the cost shown on said
invoices until properly incorporated in the work.
G—'I 4
SPECIAL PROVISIONS FOR CASH CONTRACT N0. 49 58
PAYMENT (Cont.)
Subsection 9-3.5 is added to read:
9-3.5 Contractor's Claims. Within 30 days after the final estimate has
been submitted to him, the Contractor shall submit to the Engineer his
written approval of the final estimate or a written statement of all claims
he has arising under the contract. No claim will be considered that was
not included in the written statement of claims, nor will any claim be
allowed when a notice or protest is required elsewhere in the Specifications
and the Contractor has not complied with the notice or protest requirements.
If the Contractor files claims within the 30 -day period, the Engineer will
issue a semifinal estimate containing all undisputed amounts due under the
contract and the Agency will pay the sum found to be due less the final
retention and any amounts required by law to be withheld by properly executed
and filed notices to stop payment.
Claims filed by the Contractor shall be in sufficient detail to enable the
Engineer to ascertain the basis and amount of the claims. The Engineer will
consider and determine the validity of the claims. Failure to submit
additional information and details requested by the Engineer will be sufficient
cause for denying the claims.
The City Engineer will make the final determination of any claims which remain
in dispute after completion of claim review by the Engineer. A board or person
designated by the City Engineer will review the claims and make a written
recommendation to him. The Contractor may meet with the review board or person
to make a presentation in support of the claims.
Upon the City Engineer's final determination of the amount due under the
claims, the final estimate will be prepared and the project submitted to the
City Counsel for acceptance.
EMPLOYMENT OF ALIENS
Contractor warrants that it fully complies with all laws regarding employment
of aliens and others, and that all its employees performing services hereunder
meet the citizenship or alien status requirements contained in federal and
state statutes and regulations including, but not limited to, the Immigration
Reform and Control Act of 1986 (P.L. 99-603). Contractor shall obtain, from
all covered employees performing services hereunder, all verification and
other documentation of employment eligibility status required by federal
statutes and regulations as they currently exist and as they may be hereafter
amended. Contractor shall retain such documentation for all covered employees
for the period prescribed by law. Contractor shall indemnify, defend, and hold
harmless, the County, its officers and employees from employer sanctions and
any other liability which may be assessed against Contractor or County or
both in connection with any alleged violation of federal stautes or regulations
pertaining to the eligibility for employment of persons performing services
under this agreement.
Ci ty G-1 5
aa/357
CASH CONTRACT NO. 4958
DECORAH ROAD, ET AL.
SPECIAL PROVISIONS
ROADWAY
Pages R-1 through R-10
R-1
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
QUICK SET EMULSION AGGREGATE SLURRY
Subsection 203-5.2 of the Standard Specifications is amended to delete
slow set type emulsified asphalt.
Subsection 302-4 of the Standard Specifications is supplemented by
the following:
Any necessary preparation of existing pavement will be done by
Agency forces, however, the Contractor shall thoroughly sweep or
clean the surface, to the satisfaction of the Engineer, prior to
application of the slurry.
Transit mix trucks shall not be used.
All weighmaster's certificates required by the Standard Specifi-
cations or these Special Provisions shall be furnished by the
Contractor at no cost to the Agency.
The application rate of Type II slurry has been estimated at
1,350 square feet per extra long ton. The slurry shall be applied
at this rate or as otherwise approved or directed by the Engineer.
Prior to the beginning of slurry operations, the Contractor shall
furnish current licensed weighmaster's certificates indicating
the net weight capacity of the aggregate bin of each slurry mixer.
Except for partial loads to complete a days schedule, or for
patching, each mixer shall be filled to its rated capacity and
the Engineer and the Contractor shall each keep a daily count of
the number of loads and/or partial loads applied to the streets by
each slurry mixer. Each aggregate bin shall have permanent cali-
bration marks in maximum increments of 2 tons.
Each slurry crew shall be composed of a coordinator at the project
site at all times, a competent quick set mixing operator, a compe-
tent driver and sufficient laborers for any handwork, cleanup and
barricading.
Streets having inverted shoulders shall be sealed to the edge of
the existing pavement. Spreaders to be used for this operation
shall meet the approval of the Agency. Adjacent passes shall not
overlap more than 12 inches.
At least 6 working days prior to commencing work, the Contractor
shall submit a spreading schedule to the Agency for approval.
This schedule shall allow residents on the streets to be sealed
ample "on street" parking within a reasonable distance from their
homes. Based upon the spreading schedule, the Agency will notify
residents and businesses of the proposed work and post temporary
"No Parking" signs at no cost to the Contractor. The "No Parking"
signs will be in place no less than 24 hours prior to performing
the work, therefore a request for changes in the schedule requiring
R-2
I
SPECIAL PROVISIONS FOR CASH CONTRACT NO. 4958
QUICK SET EMULSION AGGREGATE SLURRY (Cont.)
additional posting shall be submitted by the Contractor for
approval by the Engineer at least 48 hours prior to sealing the
streets affected.
ONCE A STREET HAS BEEN POSTED, FAILURE OF THE CONTRACTOR TO MEET
AND COMPLETE THE APPROVED DAILY SCHEDULE DUE TO CONDITIONS UNDER
THE CONTRACTORS' CONTROL, WILL RESULT IN DAMAGES BEING SUSTAINED
BY THE AGENCY. SUCH DAMAGES ARE, AND WILL CONTINUE TO BE, IMPRAC-
TICAL AND EXTREMELY DIFFICULT TO DETERMINE. FOR FAILURE TO MEET
AND COMPLETE THE SCHEDULE AFTER POSTING, THE CONTRACTOR SHALL
PAY TO THE AGENCY, OR HAVE WITHHELD FROM MONIES DUE, THE SUM OF
$500.00 AS LIQUIDATED DAMAGES FOR EACH DAY OF ADDITIONAL POSTING
REQUIRED TO COMPLETE THE PROPOSED WORK.
All trucks which the Contractor proposes to use that exceed the
legal load limit when loaded will be required to have overweight
permits from the Agency.
The Contractor shall supply the Engineer with licensed weighmas-
ter's certificates of weight for all aggregates delivered to the
job during the course of each day. Aggregate so certified as being
delivered for use in the contract shall be used only in the slurry
mixture, or when approved by the Engineer, may at no cost to the
Agency be spread over freshly applied slurry to prevent tracking
or damage to to the slurry as required in the Standard Specifica-
tions. The Contractor shall also present weighmaster's certificates
for the amount of such aggregate remaining unused at the completion
of the contract. Payment shall be determined by deducting the
amount of unused aggregate from the total amount of aggregate
delivered, all as shown on the licensed weighmaster's certificates
and shall be confirmed by multiplying the number of loads spread
by each. slurry mixer times the net weight capacity of each mixer
as determined by the weighmaster's certificates. Adjustment shall
be made in the calculations for partial loads and the quantity of
aggregate used to prevent tracking shall be deducted when deter-
mining pay quantities. If there is an unaccountable difference
between the two quantities, final payment will be determined by
the method showing the lesser amount of aggregate used.
The Contractor will be required to work around all existing
utility facilities and seal up to said facilities. During sealing
operations, the Contractor shall cooperate with the owners of
any utility covers and shall cover and completely protect said
covers with heavy plastic or other suitable material. All raised
pavement markers shall be removed or covered and completely pro-
tected as directed by the Engineer. The Contractor shall exercise
care to prevent slurry frau being deposited on concrete surfaces
and shall remove slurry from surfaces not designated to be sealed.
Full compensation for complying with the above requirements shall be
considered as included in the contract unit price for QUICK SET
EMULSION AGGREGATE SLURRY, TYPE II.
R-3
I
CITY OF
DIAMOND BAR
CASH -CONTRACT NO. 4958
PRIME CONTRACTOR LICENSE REQUMD:-L orGl2 or
DECORAH ROAD ET AL
SLURRY PROJECT
TOTAL LENGTH 8.47 MILES
TOTAL SLURRY SQUARE FEET 1,423,610
PROJECT LOC
INDEX OF SHEETS
Sheet I Title Sheet
Sheets 2-4 Location Maps
Street - 5 Typical Section
Sheets 6-7 Street List
- AAP
No Scale
APPROVED/Z
CITY OF
APPROVED
R-4 SUBMITTED
t.- (k
%
BAR DATE
REFERENCES REVIEWED_G
T.G. AS .SHOWN ON SHEETS R.D. 112 DI tcT ENGINEER -MAI
PROJECT ENG)NEER C.E. NO. DESIGNER CHECKER .QS SHEET
�D L_ f r avr v, _ Zo4-5 g �J_ LOZANO S. BARTH _ No.
9--izff
T
7 SHTS.
I
In
PROJECT ENGINEER C.E. NO.
D !_ 'S 1 avis Zo4-5 9
DESIGNER
CHECKER
S. BARTH
R-5
DEPARTMENT OF PUBLIC WORKS
ROAD '006
MAINTENANCE "AW
DIVISION DECORAH ROAD ET AL
SCALE JOB ���� NE
SET 2 Of S
NO SCALE No. T.G. 94 A,B-6
1
10
zoo
PROJECT ENGINEER C.E. NO. LOS ANGELES COUNTY
D r- 5(avt�- z0459 DEPARTMENT OF PUBLIC WORKS
DESIGNER ROAD Joe
-41 ZANQ-- _
MAINTENANCE DECORM ROAD ET AL
CHECKER SCALE JOa /� ET 3 OF 7 SHTS.
S. EARTH '4s NO SCALE N O . ^ 958[111GT. . ' 94 A-5
_..._........................_.. _................................................................
... --- ...-_..................................................... ..............................---.
R-7
ki
PROJECT ENGINEER C. E. NO. LU -5 ANGELES COUN 1 Y
a -5lzv'" IZa4s9 DEPARTMENT OF PUBLIC WORKS
DESIGNER ROAD JOB
MAINTENANCE NAME
J. 1! ZANQ7;sl
DIVISION DECORAH ROAD ET AL
CHECKER SCALE JOB SHEET 4 Of 7 SHTS__S. BARTH NO SCALE NO. 955 I T.G. 94 A-4,5
WIDTH PER LIST SHEETS 6-7
SEAL EXISTING PAVEVaT WITH QUICK SET
EMULSION AGGREGATE SLURRY TYPE II kCATIONIC
j%L . . FMSTING PAVEMENT %
L — EXISTING CURB OR CURB AND GUTTER —
R-8
PROJECT ENGINEER C.E. NO. LOS ANGELES COUNTY
_p L Slavi✓l zo459 DEPARTMENT OF PUBLIC WORKS
DESIGNER ROAD
JOB
MA1NAME
DIVISION DECORAH ROAD ET AL
CHECKER SCALE JOB SHEET 5 of 7 SHTS.
S. BARTH Rs NO SCALE N 0. 4958
LOS ANGELES COUM
Page 6 of 7
DEPARTMENT
OF PUBLIC WORTS
City of Diaaond Bar
QUICISET RMULSION AGGREGATE SLURRY TYPE II CATIONIC
Cash Contract No.4958
DECORAH ROAD ET AL
-------------------------------------------------------------------------------------------------------
-----------------------------------------------------
Sy.REEy
PROM
TO ----
LENGTH -
WIDTH
SQUARE
SLURRI
UAP
FEET
TONS
PAGE
--------------------------------------------------------------
ACOLITU PL.
315 N/o Bower Cascade Pl.
-----------------------
Bower Cascade Pl.
315
24
8,560 f
6.3
3
--------------------------------------------
HALLENA DR.
------------------------------------------
Golden Springs Dr.
Pinto Mesa Dr.
2025
32
64,800
.48.0
2
---------------------------------------------------------------------------------------------------------------------------------
BOWER CASCADE PL.
Sunset Crossing Rd.
Willapa La.
290
32
9,280
6.9
3
Willapa In.
61 Encino Dr.
1,620
32
51,840
38.4
3
--------------------------------------------------------
BRIAR CREEK RD.
Willow Creek Rd.
-
Decorah Rd.
785
32
26,120
18.6
3
-------------------------
COVE DR.
-----------------
235} N/o Del Sol La.
Del Sol Ln.
235
26
71110 *
5.3
2
,_CANOE
Ballena Dr. -
300' S/o Hallen Dr.
300
26
8,800 4
6.5
2
-------------------------------
CARPIO DR.
----------------- --------------------------
Golden Springs Dr.
---------------
Del Sol La.
1225
-------------------------------------------
32
39,200
29.0
2
Del Sol La.
Pinto Mesa Dr.
320
32
10,240
7.6
2
------------------
CHOLANE DR.
600' W/o 81 Encino Dr.
El Encino Dr.
600
_
24
15,400 =
11.4
3 .
El Encino Dr.
260' E/o El Encino Dr.
260
24
7,240 #
5.4
3
CLOUDS REST DR.
Overlook Ridge Rd.
260' S/o Overlook Ridge Rd.
260
30
8,800 r
-----------------------------
6.5
4
-------- -----------------
COUGAS CREEK RD.
------------------------
Flintlock Rd.
----------------------- 7-------------
Del Sal La.
525
-------------
32
16,800
12.4
4
-----------------------------------------------------------------------------------------------------------------------------------------
DECORAH RD.
Navajo Springs Rd.
El Encino Dr.
1,280
32
40,960
30.3
3
E1 Encino Dr.
Briar Creek Rd.
2,790
32
89,280
66.1
3
DEL SOL LM.
Cougar Creek Rd.
Sunset Crossing Rd.
2025
32
64,800
48.0
4
Sunset Crossing Rd.
Decorah Rd.
2,400
32
76,800
56.9
3
Silver Spray Dr.
Carpio Dr.
1410
32
45,120
33.4
2
EL EMCINO DR.
'Del Sol La.
120' N/o Twin Pines.
1,380
32
44,160
32.7
3
120' N/o Twin Pines.
Decorah Rd.
800
32
25,600
19.0
3
ELLS RAPID IN.
Strange Creek Dr.
Highland Valley Rd.
285
30
8,550
6.3
4
FLIN= RD.
Highland Valley Rd.
Cougas Creek Rd.
2,465
32
78,880
58.4
4
GRAPEVINE DR.
150' W/o Ballena Dr.
Ballena Dr.
150
32
5,800 t
4.3
2
HIGH KNOB RD.
Del Sol La.
Rhin Canyon In.
575
36
20,700
15.3
4
Twin Canyon La.
Golden Springs Dr.
165
36
5,940
4.4
4
BIGBLAND VALLEY RD.
Diaxond Bar Blvd.
Del Sol La.
2,185
36
78,660
58.3
4
JAYMAWIER J.
Flintlock Rd.
190' S/o Flintlock Rd.
190
30
6,700 t
5.0
4
-----------------------------------------------------------------------------------------------------------------------------------
2 Deaotes footage added for knuckle and/or cul-de-sac
R-9
R-10
LOS
ANGELES COUNTY
Page 7 of 7
DKPARTXENT OF PUBLIC WORKS
City of Diamond Bar
QUICISET EMULSION
AGGREGATE SLURRY TYPE II CATIONIC
Cash Contract X0.4958
DECORAH ROAD RT AL
-----------------
------------------------
STRJW
------------ -------------------
gROK
TO --- ---------------------
-----------
LENGTH
VIM
SQUARE
SLURRY
RAP
FEET
TORS
PAGE
LASPIXO LN.
Silver Spray Dr.
450 S/o Silver Spray Dr.
450
26
12,700 ;
9.4
2
160' N/o Del Sol La.
Del Sol La.
160
32
6,120
4.5
— -----
2
— ---
-----------------------------------------------------------------------
NIYNRQUA DR.
KINMA,
Del Sol La.
--------------- -— ---
Bower Cascade Pl.
— --- — —
1,950
— ----------------------------
30
58,500
43.3
3
-—--------------
MOONLIGHT SIMIT DR.
--------- —---------------------------------
Overlook Ridge Rd.
170 S/o Overlook Ridge Rd.
170
30
6,100 #
4.5
4
-----------------------------------------------------
XAVAJO SPRINGS RD.
Sunset Crossing Rd.
Decorah Rd.
1,650
32
52,800
39.1
3
--- --------- --------------
OVBRM RIDGE RD.
—------------------- —
Highland Valley Rd.
--- —--------------------
Cougas Creek Rd.
2155
32
68,960
— — --------------------------
51.1
4
•-------------------------------------------------
.,,ATIHA DR.
.uATIHA
----
875 N/o Nillapa In.
------------- — - — -----------
Yillapa Ln.
— --- — ---------------
875
30
27,250 $
20.2
3
Nillapa Ln.
Decorah Rd.
870
32
27,840
20.6
3
----------------------------------------------------------------------------------------------------------------------------------------
RENO RIDGE DR.
Overlook Ridge Rd.
155' S/o Overlook Ridge Rd.
155
.30
5,650 $
4.2
4
------------------------------------------------------------------------------------------------------------------------------------
RENO RIDGE LN.
Highland Valley Rd.
470' S/o Highland Valley Rd.
470
30
15,100 s
11.2
4
-------------- --------
SAPHIRS CANYON U.
------------------------
Highland Valley Rd.
--- ----------
Del Sol In.
1290
32
41,280
30.6
4
------------------------------------------------------------------------------------------------------------------------------------
SILVER SPRAY DR.
Carpio Dr.
175' S/o Del Sol In.
1040
32
34,280 t
25.4
2
----------------------------------------------------------------------------------------------------------------------------------------
SOLTAIRE ST.
Diamond Bar Blvd. -----Flintlock
Rd.
210
36
7,560
5.6
4
---------------------------------------------------------------------------------------------------------------------------------------
STRANGE CREEK DR,
Overlook Ridge Rd.
145' E/o Elks Rapid Ln.'
1010
30
31,300 $
23.2
---------
4
--- ----------------
TANFORAN LN.
—------------------------------------------
420' W/o Briar Creek Rd.
-------------- ---
Briar Creek Rd.
-----------------------------------------
420
24
11,080 $
8.2
3
--------------- —-----------
--------------------------
—--------------- -------- —---------
—-------------------------
--
-------
---
iWTE DR.
Sunset Crossing Rd.
240' Rio Sunset Crossing Rd.
240
24
6,760 $
5.0
3
----------------------------------------------
TVIN CANYON LX.
700' N/o High Knob Rd.
515' S/o High Knob Rd.
1525
30
47,750 3
35.4
--------------
4
--- -------------------------------------------------------------------------------------------------------------------
TNIN PINES IN.
525' X/o El Rtcino Dr.
El Encino Dr.
q
525
24
13,600 $
10.1
— ---------
3
---------------------------------------------------------
------------------------------------------------
NILLAPA LH.
WILLAPA
Bower Cascade Pl.
---------------- ------- — — --------
Platin Dr.
------------
495
32
— -- — --- — — ---------
15,840
11.7
3
Platin Dr.
365' S/o Platin Dr.
365
24
9,760 t
7.2
3
-----------------
WILLOW CREEK RD.
---------------------
Del Sol La.
Golden Springs Dr.
1820
32
58,240
43.1
3
# Denotes footage added for knuckle and/or cul-de-sac
TOTALS
1,423,610
1054.5
R-10
INSTRUCTIONS TO B 1 0 OERS
To be used in conjunction with the
STANDARD SPIMFICATK*G for PUBLIC %MK CONSTRUCTION
and to be made a part of:
DECORAH ROAD, ET AL.
CASH CONTRACT NO. 4gSR
AGENCY City of - DIAMOND HAM
Plans and Specifications prepared by:
Los Angeles County Department of Public Waris
900 South Frmont Avenue
Alhambra, Califmia 91803
Telephone: (818) 458-3118
Page 1 of 4 Pages
INSTRUCTIONS TO BIDDERS
PROPOSAL REQUIREMENTS AND CONDITIONS:
GENERAL: -- Proposals shall be submitted to the Agendy on forms prepared and
furnished for the purpose, which may be obtained at the office of the Agency. When
presented, they must be completely made out in the manner and form indicated therein,
showing the proposed prices clearly and legibly, and must be properly signed by
bidder. Proposals presented otherwise may not be considered.
Each proposal so submitted, together with the required proposal guaranty herein-
after prescribed, shall be presented under sealed cover; and must be filed prior to
the time, and at the place, designated in the Notice Inviting Bids. A proposal so
presented, however, may be withdrawn by the bidder, provided the request therefor is
made in writing, is signed by the bidder or his authorized representative, and is
filed prior to the time fixed for the opening of bids. The withdrawal of a bid pro-
posal does not prejudice the right of the bidder to file a new bid.
All proposals submitted as hereinabove prescribed will be publicly opened and
read at the time and place indicated in the Notice Inviting Bids.
Bidders must satisfy themselves by personal examination of the location of the
proposed work and by such other means as they may prefer as to the actual conditions
and requirements of the work, and shall not at any time after submission of the bid
dispute, complain, or assert that there was any misunderstanding in regard to the
nature or amount of work to be done.
APPROXIMATE ESTIMATE: -- The quantities shown in the proposal form, and in the
estimate included in the specifications, shall be considered as approximate only,
being listed therein for the purpose of serving as a general indication of the amount
of work or materials to be performed or furnished, and as a basis for the comparison
of bids; and the Board does not guarantee nor agree, either expressly or by implica-
tion, that the actual amounts required will correspond therewith, but reserves the
right to increase or decrease the amount of any item or portion of work or material
to be performed or furnished, or to omit any such item or portion, in accordance with
the provisions relative thereto set forth in the Special Provisions or Standard
Specifications, under which the work is to be constructed, without in any way invali-
dating the contract, should such increase, decrease or omission be deemed necessary
or expedient.
PROPOSAL GUARANTY: -- Each proposal submitted must be accompanied either by
cash, or by a certified or cashier's check, or a surety bond, payable to the Agency,
in an amount equivalent to at least ten percent (10X) of the total aggregate bid
price of such proposal, or in such additional amount as may be otherwise provided by
law, as a guarantee that the bidder, if his proposal be accepted, will enter into and
execute the awarded contract; and no proposal will be accepted unless such cash,
check, or surety bond is enclosed therewith. However, the use of a surety bond in
this connection shall be subject to the condition that the surety thereon be approved
by the Agency's Auditor and Legal Counsel.
Should any bidder to whom an award is made fail to properly enter into and exe-
cute the awarded contract, the cash, check or bond submitted with his proposal shall
be forfeited to, and become the property of the Agency; whereupon the Agency shall
have the right to collect the amount thereof by any appropriate means.
- 2 -
INSTRUCTIONS TO BIDDERS
PROPOSAL REQUIREMENTS AND CONDITIONS (Cont. )
Following the award of contract, the proposal guarantees will be returned to the
respective bidders by whom they were submitted, except as otherwise hereinbefore pro-
vided.
DISQUALIFICATION OF BIDDERS AND PROPOSALS. -- More than one proposal for the
same work from any individual, firm, partnership, corporation, or association under
the same or different names will not be accepted; and reasonable grounds for
believing that any bidder is interested in more than one proposal for the work will
be cause for rejecting all proposals in which such bidder is interested. Apparent
collusion among the bidders will likewise be sufficient cause for rejecting any or
all bids, and the participants in such collusion may be barred from future bidding.
Proposals in which the prices are obviously unbalanced, and those which are
incomplete or show any alteration of form, erasures or irregularities of any kind, or
contain any additions or conditional or alternate bids that are not called for or
otherwise permitted, may be rejected. A proposal on which the signature of bidder
has been omitted may, at the discretion of the Agency, be rejected.
COMPETENCY OF BIDDERS: -- Bidders must be thoroughly competent and capable of
satisfactorily performing the work covered by the proposal; and when requested shall
furnish such statements relative to previous experience on similar work, the plan of
procedure proposed, and the organization, machinery, plant, and other equipment
available for the contemplated work, and the financial condition and resources of the
bidder, as may be deemed necessary by the Engineer in determining such competence and
capability.
CONTRACTOR'S LICENSE: -- Each bidder shall be licensed as a Contractor in accor-
dance with the provisions of Chapter 9 of Division 3 of the Business and Professions
Code at the time of submitting his bid.
The signature in the Bid Proposal shall clearly show the bidders name, address,
telephone number, valid State of California Contracting License number and proper
license class to perform the work under the contract.
Any bid submitted which does not show the above information may be considered an
incomplete bid and rejected as such.
AWARD AND EXECUTION OF CONTRACT:
COMPARISON OF PROPOSALS AND AWARD CONTRACT: -- After the proposals for the con-
templated work have been opened and read as provided herein, the respective totals
thereof, determined by applying the unit prices bid to the estimated quantities
shown, will be extended and compared; and the results will thereupon be made public.
The award of the contract, if it be awarded, will be made to the lowest respon-
sible and qualified bidder whose proposal complies with all the prescribed require-
ments, but until an award is made, the right will be reserved to reject any or all
bids, and to waive technical errors or discrepancies, if to do so is deemed to best
serve the interests of the Agency. In no event will an award be made until all
necessary investigations are made as to the responsibility and qualifications of the
bidder to whom it is proposed to make such award.
- 3 -
INSTRUCTIONS TO BIDDERS
AWARD AND EXECUTION OF CONTRACT Cont.)
EXECUTION OF CONTRACT: -- The agreement shall be signed by the awardee and
returned to the Agency together with the contract bonds, and other contract documents
as required in the Special Provisions, within ten (10) days after it has been deli-
vered or mailed to him or his authorized agent.
No proposal shall be considered as being binding upon the Agency until the
contract is fully executed; and failure of the awardee to properly execute the
awarded contract and file acceptable bonds as provided in the Standard
Specifications shall be just and sufficient cause for the annulment of the award by
the Agency and the forfeiture of his proposal guaranty.
BID PROPOSAL FORM INSTRUCTIONS:
Bids are required for the entire work. The amount of the bid for comparison
purposes will be the total of all items.
The bidder shall set forth for each item of work, in clearly legible figures, a
unit price and a total for the item in the respective spaces provided for this pur-
pose. In the case of unit price items, the amount set forth under the "Total" column
shall be the extension of the unit price bid on the basis of the estimated quantity
for the item.
In case of discrepancy between the unit price and the total set forth for the
item, the unit price shall prevail, provided, however, if the amount set forth as a
unit price is ambiguous, uninteligible, or' uncertain for any cause, or is omitted, or
in the case where the unit price is the acme amount as the entry in the "Total"
column, then the amount set forth in the "Total" column shall prevail in accordance
with the following:
(1) As to lump sum items, the amount act forth in the "Total" column shall be
the unit price.
(2) As to unit price items, the amount set forth in the "Total" column shall be
divided by the estimated quantity for the item and the price thus obtained
shall be the unit price.
TAXES:
No mention shall be made of Sales Tax or Use Tax as all bid prices submitted
will be considered as including such tax.
- 4 -
CITY OF DIAMOND BAR
P R 2 P 2 3 A L
Under
CASH CONTRACT N0. 4958
DECORAH RQAD, ET AL.
TO THE CITY COUNCIL OF THE CITY OF DIAMOND BAR .
The undersigned, as bidder, declares that: (1) this proposal is made
without collusion with any other person, firm or corporation, and that the
only persons or parties interested an principals are those named herein;
'(2) bidder has carefully examined the project plans, specifications,
instructions to bidders, proposal, notice inviting bids and all other
information furnished therefor and the site of the proposed work; (3)
bidder has investigated and is satisfied as to the conditions to be
encountered,the character, quality and quantities of vork to be performed
and materials to be furnished. Furthermore, bidder agrees that submission
of this proposal shall be conclusive evidence that such examination and
investigation have been made and agrees, in the event this contract be
awarded to bidder, to enter into a contract with the City Council of the
City of Diamond Bar to perform said proposed work in accordance
with the plans and the terms of the specifications, and to furnish or
provide.all materials, labor, tool, equipment, apparatus and other means
necessary so to do, except such thereof as may otherwise be furnished or
provided under the terms of said specifications, for the following stated
prices, to wit:
SCHEDULE OF PRICES
CONTRACTOR'S NAME:
BID PROPOSAL
Pages 1 through 4 PLEASE TYPE OR INK LEGIBLY IN SPACES PROVIDED
USE BLACK RIBON OR BLACK INK
-1-
UNIT
I
ITEM
ITEM
UNIT OF
APPROX.
PRICE
TOTAL
NO.
MEASURE
QUANTITY
IN DOLLARS
IN DOLLARS
1
QUICK SET EMULSION
ELT
1,055
AGGREGATE SLURRY, TYPE II
CONTRACTOR'S NAME:
BID PROPOSAL
Pages 1 through 4 PLEASE TYPE OR INK LEGIBLY IN SPACES PROVIDED
USE BLACK RIBON OR BLACK INK
-1-
CASH CONTRACT 4958
LIST OF SUBCONTRACTORS
In accordance with Division 2, Part 1, Chapter 4 of the Public Contract Code,
the prime contractor shall submit with his bid a list of subcontractors for road
and bridge construction projects who will perform work in excess of one-half of
1 percent of the prime contractors total bid or $10,000, whichever is greater.
Subcontractors listed must be properly licensed for the type of work they are to
perform, and their license numbers must be indicated below. Do not list
alternate subcontractors for the same work.
Name under which
Subcontractor is
Licensed
License
Number and
Classification
Address o
Office, Mill
or Shop
Specific Description
of Subcontract
—2—
CASH CONTRACT NO. 4958
DECORAH ROAD, ET AL.
"NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California 1
County of Los Angeles 1
, being first duly sworn, deposes and says that
he or she is of
the party making the foregoing bid that the bid is not made in the interest of,
.or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put
in a sham bid, or that anyone shall refrain from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication,
or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true; and, further, that the bidder has
not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative
thereof, or paid, and will not pay, any fee to any corporation, partnership,
company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid."
GWA:eclattach.4
Name of Bidder
Signature of Bidder
ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(Attach appropriate jurats)
—3—
CITY OF DIAMOND BAR
CASH CONTRACT NO. 4958
DECORAH ROAD, ET AL.
Accompanying this proposal is a certified or cashier's check, or a surety bond, payable to the City of
in an amount of S , equivalent to at -least ten (10)
percent of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted; and the
undersigned bidder hereby agrees that should he be awarded a contract on the basis hereot, and thereafter fails
to properly execute rand return the contract agreement, together with the required bonds in connection :herewith.
within ten (10) days after it has been delivered or mailed to him or his authorized agent, the City will be damaged
by the delay so caused in an amount that is impossible to definitely ascertain and which is therefore establisned
to be not less than that of the aforementioned check or bond and that in such event the amount of said check or
bond shall become the property of the City and may be collected thereby, but that otherwise it shall be returned.
Signed this day of
Signature of Bidder
Legal Busirms Name
Address • Zip Code
Telephone
Class
California Contractor's
License Dumber
Expiration Date
19
State whether individual, firm or corporation; if a firth, give names of each member, if a Corporation, give names
of President, Secretary, Treasurer and Manager.
Proposals which do not have all of the above information filled in including the proper license class to perform
the work may be rejected. (See page 3 of "Instructions to Bidders").
—4—
AGENDA ITEM NO. 12
NO DOCUMENTATION AVAILABLE
GEN. PLAN ADVISORY COMMITTEE NAMES NOT PICKED
ADAMS, KARLA
------------
BENCOMO, ALAN
BURCH, GINNY
BUSH, JOHN
DAH, ROSE
DARROW, LARRY
HAYNES, CHARLES
HU1•MEL, GREG
MCG00KIN, SCOTT
MOSELY, JIM
NEELY, GARY
ORTIZ, T014
PRINCE, TH014AS S.
SMENT, BIKE
TAM, £D
TAYLOR, DONALD K.
THOMPSON, CLAUDIA
TROCOSSO, LARRY
ORDINANCE NO. (1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CIT`
OF DIAMOND BAR AMENDING SECTION 22.20.120 OF
CHAPTER 22.20 OF THE LOS ANGELES COUNTY CODE,
AS HERETOFORE ADOPTED, PERTAINING TO SIDE YARD
SETBACK REQUIREMENTS.
A. Recitals.
(i) on April 18, 1989, the City of Diamond Bar was
incorporated as a duly organized municipal corporation of the
State of California. On June 27, 1989, pursuant to the
provisions of California Government Code Sections 50023, et seq.,
the City Council of the City of Diamond Bar adopted its Ordinance
No. 14 (1989) thereby adopting the Los Angeles County Code as the
ordinances of the City of Diamond Bar. Title 22 of the Los
Angeles County Code contains the planning and zoning ordinances
of the County of Los Angeles (hereinafter referred to as the
"Zoning Ordinance") now currently applicable to development
applications within the City of Diamond Bar.
(ii) As part of the land use and development scheme of
the County of Los Angeles, the Zoning Ordinance currently
provides for certain setback requirements for single family
residential zoned property (R-1).
(iii) The City Council finds that it is necessary to
amend the Zoning Ordinance to provide for increased interior side
yard setback requirements in order to provide for a more orderly
development of single family residential zones.
1
(iv) On , 1989, the City Council
conducted a duly noticed public hearing with regard to the
amendment to the Zoning Ordinance contained herein and such
public hearing was concluded prior to the adoption of this
Ordinance.
(v) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
The City Council of the City of Diamond Bar does ordain
as follows:
SECTION 1. The City Council finds that all of the
facts set forth in the Recitals, Part A, of this Ordinance are
true and correct.
SECTION 2. The City Council hereby finds and
determines that the amendment to the Zoning Ordinance specified
herein is categorically exempt from the requirements of the
California Environmental Quality Act of 1970, as amended, and the
guidelines promulgated thereunder pursuant to Section 15305 of
Division 6 of Title 14 of the California Code of Regulations.
SECTION 3. Section 22.20.120 A.3. of Chapter 22.20
of Title 22 of the Los Angeles County Code hereby is amended to
read, in words and figures, as follows:
"3. Interior Side Yards. Each lot or parcel of
land shall have interior side yards of not less than ten (10)
feet; provided, however, with respect to any lot or parcel of
land having two (2) interior side yards, one such interior side
2
yard shall be not less than ten (10) feet and the remaining
interior side yard(s) shall be not less than five (5) feet;
provided, further, that no interior side yard of five (5) feet
shall abut another side yard of five (5) feet.
"EXCEPTION: If a dwelling unit, or appurtenant
structure, in existence at the time of the effective date of this
Ordinance, is partially or totally damaged or destroyed by wind,
fire, flood, explosion, act of God or any other occurrence, then,
in that event, such dwelling unit or appurtenant structure may be
reconstructed without compliance with the increased side yard
requirement set forth herein. Any such reconstruction of an
existing dwelling unit or appurtenant structure shall be in
substantial conformity with the side yard setback requirements in
effect at the time of the original construction thereof."
SECTION 4. The City Clerk shall certify to the
adoption of this Ordinance and cause the same to be posted in
three (3) public places within the City of Diamond Bar pursuant
to the provisions of Resolution No. 89-6.
PASSED, ADOPTED AND APPROVED this . day of
. 1989.
3
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Resolution was passed,
adopted and approved at a regular meeting of the City Council of
the City of Diamond Bar held on the day of
1989, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
M 101110SIDEYRDWB6.6
City Clerk of the City of
Diamond Bar
ORDINANCE NO. (1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR IMPOSING RESTRICTIONS ON THE
TRANSFER OF CERTAIN MATERIALS TO MINORS AND
PROHIBITING THE POSSESSION OF CERTAIN
MATERIALS BY MINORS DURING CERTAIN HOURS.
The City Council of the City of Diamond Bar does ordain
as follows:
Section 1. Restrictions on Transferring Specified
Items to Minors.
No person under the age of eighteen (18) years may buy,
receive, or exchange for, nor shall any person, firm,
corporation, or partnership sell, exchange, give or loan, or
cause or permit to be sold, exchanged, given or loaned any
pressurized can containing any substance commonly known as paint
or any writing implement that has a porous tip, point or nib that
measures in excess of one sixteenth of one inch in width at its
widest point, commonly referred to as markers, marking pens or
sign pens or any glass etching tool to any minor, unless such
minor first delivers to the person, firm, partnership or
corporation from whom the item is sought pursuant to sale,
exchange, gift or loan, a written request for such items signed
by the parent or guardian of said minor. The person, firm,
corporation or partnership making any such sale, exchange, gift
or loan of any item described herein shall retain possession of
such signed written request for not less than thirty (30) days
and during such time of retention shall present the same to any
01
peace officer upon such peace officers' lawful request.
Section 2. Notice of Prohibition of Sales.
No person, firm, partnership or corporation that offers
to the public, either or both pressured cans containing paint or
writing instruments having a porous tip, point or nib in excess
of one sixteenth of one inch in width at its widest point, unless
any such person, firm, partnership or corporation shall first
post, in a conspicuous location on the premises, a sign measuring
not less than twelve (12) inches by twelve (12) inches with the
following words set forth thereon:
IT IS UNLAWFUL FOR A MINOR TO BUY OR BE SOLD
SPRAY PAINT OR MARKERS WIDER THAN ONE
SIXTEENTH OF ONE INCH WITHOUT A WRITTEN
REQUEST FROM A PARENT OR GUARDIAN.
DIAMOND BAR ORDINANCE NO. (1989)
Section 3. Possession of Spray Paint or writing
Instruments by Minors During certain Hours.
No person under the age of eighteen (18) years shall
have in his or her possession any pressurized can containing any
substance commonly known as paint or any writing instrument that
has a porous tip, point or nib that measures in excess of one
sixteenth of one inch at its widest point, commonly referred to
as markers, marking pens or sign pens, or glass etching tools,
while upon any public highway, street, alley, way, park,
playground, swimming pool or public place, whether such minor is
or is not in any automobile, vehicle or other conveyance. The
E
provisions of this Section shall not apply to any minor who is
accompanied by a parent or guardian or during school hours in the
course and scope of supervised school activities.
Section 4. Civil Remedies Available.
The violation of any of the provisions of this
Ordinance shall constitute a nuisance and may be abated by the
CITY through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner
provided by law for the abatement of nuisances.
Section 5. Severability.
The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be
rendered or declared invalid by any final Court action in a court
of competent jurisdiction, or by any reason of any preemptive
legislation, the remaining provisions, sections, paragraphs,
sentences, and words of this Ordinance shall remain in full force
and effect.
Section 6. The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be posted in three
(3) public places within the City of Diamond Bar within fifteen
(15) days after its passage in the manner prescribed by
Resolution No. 89-6.
1989.
ADOPTED AND APPROVED this day of ,
3
Mayor
I, LINDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 1989, and was
finally passed at a regular meeting of the City Council of the
City of Diamond Bar held on the day of , 1989, by
the following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAIN:
COUNCIL
MEMBERS:
ATTEST:
City Clerk
City of Diamond Bar
M 1011%0PROMIN\DB 1.3B 4
CITY OF DIAMOND BAR
MEMORANDUM
TO: Honorable Mayor and City Council
FROM: Robert L. Van Nort, City Manager
SUBJECT: Emergency Preparedness Council
DATE: October 30, 1989
The City of Diamond Bar currently participates in Area "D" of the
County of Los Angeles Emergency Preparedness Program. The Council
has recognized, since incorporation, the need for greater awareness
and preparedness to meet the needs of the "big one". Two Council
members and two staff have been approved for the FEMA course in
February 1990. However, in the interim period, it is recommended:
A. The Council establish a permanent Diamond Bar
Emergency Preparedness Council. It's membership
to consist of:
1) Charles, Majus - Emergency Coordinator;
2) Capt. T. Vetter or his designate;
3) Chief Bob Lee or his designate;
4) Managers of the following utilities:
a. SCE
b. GTEL
C. Southern California Gas
d. Walnut Valley Water
e. Jones Cable
5) Schools - Pomona and Walnut;
6) Restaurant Association;
7) Medical;
8) CalTrans;
9) CAP;
10) Chamber;
11) PTA;
12) Red Cross.
The Diamond Bar needs are both local and regional -
due in part to its proximity.to the 57/60 Freeways.
B. That the City Council approve the contract with the
Walnut -Valley Water District, authorizing payment for
the lease/installation of the Amateur Radio tower.
This will provide regional communication capabilities
augmenting the current police/fire emergency systems.
Honorable Mayor and City Council
October 30, 1989
Page Two
C. Authorize a Certificate of Appreciation to Charles
Majus, Diamond Bar Improvement Association, and Diamond
Bar Amateur Radio Society for the dedication and donation
of the tower to the City and its residents.
Sincerely,
Robert L. Van Nort, City Manager
RLVN/dkc
attachment: Contract with Walnut -Valley Water Dist.
BOARD OF DIRECTORS:
Richard C. Engdahl
President
Election Division II
Keith K. Gunn
Vice President
Election Division V
Edward N. Layton
Vice President
Election Division 111
William G. Wentworth
Assistant Treasurer
Election Division i
John E. Fisher
Director
Election Division IV
STAFF:
Edmund M. Biederman
General Manager
Secretary
Norman R. Miyake
Treasurer
LEGAL COUNSEL:
H. Jess Senecal
WALNUT VALLEY WATER DISTRICT
271 South Brea Canyon Road • P.O. Box 508
Walnut, California 91789-3002 • (714) 595-7554 a (818) 964-6551
FAX (714) 594-9532
�y %j.)%j.)C \t1e
�11
October 23, 1989
Mr. Robert Van Nort
City Manager
City of Diamond Bar
21660 E. Copley Drive, Suite 330
Diamond Bar, California 91765
Re: Communications Site Lease
Eastgate Reservoir
Dear Bob:
A os a.—
Referencing my conversation with you and Charlie,
enclosed are two copies of revised Page 1 of the
Communications Site Lease. You may note that we have
adjusted the yearly rental to allow us to recoup our out-
of-pocket administrative costs in the first year by
providing for an initial rental of $500, with the nine
succeeding years at $100 each.
I would appreciate your _replacing Page 1 of the lease
agreement sent you with my letter dated October 16 with
the enclosed revised Page 1 dated 10/23/89 prior to
submitting the document to your City Council.
Very truly yours,
WALNUT VALLEY WATER DISTRICT
PS
EDMUND M. BIEDERMAN
General Manager
EMB:ja
Enclosure
CC: Charles W. Majus, w/enclosure
COMMUNICATIONS SITE LEASE
This Lease is made this day of
and between WALNUT VALLEY WATER DISTRICT,
("District") and CITY OF DIAMOND BAR, a
("Lessee") with reference to the following:
, 1989 by
a special district,
municipal corporation,
a. District is the owner of certain land commonly known as the
Eastgate Reservoir, Diamond Bar, which is presently used in
District operations;
b. Lessee desires to lease a certain portion of such land for the
purpose of establishing a communications site.
THE PARTIES AGREE AS FOLLOWS:
1. Lease of Site. District hereby leases to Lessee, and Lessee
hires from District, a portion of the real property described in Exhibit
A attached hereto and incorporated herein ("Premises"), as shown in the
sketch attached hereto as Exhibit B and incorporated herein, upon the
terms provided in this Agreement.
2. Term. The term of this Lease shall be ten (10) years
commencing December 1, 1989, and terminating November 30, 1999, unless
sooner terminated as herein provided.
3. Rent. Lessee shall pay to the District as rent the sum of
$500.00 for the first year and $100.00 per year for each year
thereafter, with payment due in advance on December 1st of each year of
the lease term. District will not submit invoices for rent.
1
10/23/89
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F1-OM:5x25 753PmirezzSG ] TO:CITY OF DIAMOND BAR. NO!J 2, 1989 2:56PM P.22
` L/
PHYLLIS PAPEN
Mayor
PAUL. V. HORC.HFR
Mayor Pro Tern
GARY MILLER
GARY WERNER
JOHN 1;(MBING
Councilmembers
ROBERT L. VAN NORT
City Manager
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 330
DIAMOND BAR, CA 91765
714 -860 -CITY 714-860-2489
November 2, 1989
TO: Phyllis Paper, Mayor
Paul Horcher, )Mayor Pro -Tem
John Forbing, COMC:llMan
Gary Miller, Councilman
Gary Werner, Councilman
FROM: Jdhfi R. Gutwweeinn, AICD
Acting Planning Director
SUB7OCT: COMITIONAL USE PERMIT 87-002-(1) ALPHA BETA SBOPPM GERM
AT 2801-2836 DIAMOND BAR BOULEVARD
Pursuant to the Council's request, the following information is being
provided on the Alpha Beta pylon sign at 2811 Diamond Bar Boulevard
(Country Hills Towne Center).
on April 19, 1989 the Los Angeles County Department of Regional Planning
received a request from Triad Industries for sign review at 2801 Diamond
Bar Boulevard. The subject sign is located in a C-1 zone at the shopping
center's main entrance on Diamond \Bar Boulevard located between Fountain
Springs Road and Cold Springs Lane.
The pylon sign case was approved May 31, 1989. Approval was granted for a
30 foot tall pylon sign with up to 234 square feet of sign area. The pylon
sign was approved by Mr. Dave Cowardin in conformance with all zoning
requirements including zoning ordinance provision 22.52.900 relating to
programmed electronic message displays.
With respect to freestanding signs, the City of Diamond Bar ,&jpted
Ordinance Number 23-1989 on September 5, 1989 requiring freestanding signs
in excess of six feet in height to go through a Conditional wasapproved
ermit
review and approval process. Since the Alpha Beta pylongrpProved
many months before the Interim Zoning Ordinance 23-1989 was effective, it
appears the pylon sign was approved in compliance with all zoning
provisions.
Should you require any further information, please let me kno�-
JRG:I9
PHYLLIS PAPEN
Mayor
PAUL V. HORCHER
Mayor Pro Tem
GARY MILLER
GARY WERNER
JOHN FORBING
Councilmembers
ROBERT L. VAN NORT
City Manager
a
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 330
DIAMOND BAR, CA 91765
714 -860 -CITY 714-860-2489
November 1, 1989
COUNCIL DATE: NOVEMBER 7, 1989
TO: CITY COUNCIL
VIA: ROBERT L. VAN NORT, CITY MANAGER
FROM: RONALD L. KRANZER, CITY ENGINEERO?
SUBJECT: FLOOD INSURANCE PROGRAM
As a follow up to our meeting of September 25, 1989 with representatives of the Federal
Emergency Management Agency (FEMA) regarding Diamond Bar's participation in the Flood
Insurance Program, I am submitting the following for your consideration and presentation to
City Council:
1. An application to join the NFIP.
2. A resolution acknowledging the local need etc. - sample resolution has been prepared
and should be presented to the City Council ASAP.
3. A sample ordinance that should accompany the application with resolution.
At the present time there is only one area within entire corporate limits of Diamond Bar that
has been identified as having special flood hazards (per- map of 1980) and . this area,
intersection of Brea Canyon Road at Lycoming Street, has since been corrected by the
installation of storm drain facilities. The entire area of Diamond Bar is now eligible for Flood
Insurance and continued coverage upon the adoption of the necessary Flood Damage
Prevention Ordinance.
RECOMMENDATION
It is recommended that the City Council:
1. Adopt Resolution a Resolution of the City Council of the City of Diamond Bar
Pertaining to Flood Insurance.
2. Authorize the City Manager to file an application for participation in the National Flood
Insurance Program (FEMA).
RLK: nb:1673: cc -db: flood. ins
FEDERAL EMERGENCY MANAGEMENT AGENCY
OMB NO. 3067.0020
APPLICATION FOR PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM
Expires December 1989
t. APPLICANT (City, Town, etc.)
DATE
CITY OF DIAMOND BAR
OCTOBER, 1989
COUNTY, STATE
LOS ANGELES, CALIFORNIA 91765
2. OFFICIAL, OFFICE OR AGENCY WITH OVERALL RESPONSIBILITY
TELEPHONE
OFFICE OF THE CITY MANAGER
(714) 860-2489
ADDRESS (Street or Box No., City, State, ZIP Code)
21660 EAST COPLEY, SUITE 330
DIAMOND BAR, CA. 91765
3. PROGRAM COORDINATOR (Official, if different from above, with responsibility for Implementing program)
TELEPHONE
SAME AS ABOVE
ADDRESS (Street or Box No., City, State, ZIP Code)
SAME AS ABOVE
4. FIRST FLOOR ELEVATION INFORMATION WILL BE RECORDED BY:
TELEPHONE
SAME AS ABOVE
ADDRESS (Street or Box No., City, State, ZIP Code)
SAME AS ABOVE
5. LOCATION OF COMMUNITY REPOSITORY FOR PUBLIC INSPECTION OF FIA MAPS
SAME AS ABOVE
ADDRESS
SAME AS ABOVE
6. ESTIMATES FOR ONLY THOSE AREAS SUBJECT TO FLOOD AND/OR MUDSLIDE AS KNOWN AT THE TIME OF APPLICATION
NO. OF 1-4
NO. OF SMALL
NO. OF ALL
AREA
POPULATION
FAMILY
STRUCTURES
BUSINESS
STRUCTURES
OTHER
STRUCTURES
14,777 SQ. MI.
0
0
2
0
7. ESTIMATES OF TOTALS IN ENTIRE COMMUNITY
NO. OF 1-4
NO. OF SMALL
NO. OF ALL
POPULATION
FAMILY
BUSINESS
OTHER
STRUCTURES
STRUCTURES
STRUCTURES
70,000+
20,000+
500+
0
FEMA Form 81-64, FEB 87
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
PERTAINING TO FLOOD INSURANCE.
WHEREAS, certain areas of the City of Diamond Bar are subject to periodic flooding,
mudslides (i.e., mudflows), or flood -related erosion, causing serious damages to properties within
these areas; and
WHEREAS, relief is available in the form of Federally subsidized flood insurance as
authorized by the National Flood Insurance Act of 1968; and
WHEREAS, it is the intent of this City Council of the City of Diamond Bar to require the
recognition and evaluation of flood, mudslide (i.e., mudflow), or flood -related erosion hazards in
all official actions relating to land, use in areas having these hazards; and
WHEREAS, this body has the legal authority to adopt land use and control measures to
reduce future flood losses pursuant to Government Code Sections 65302, 65560, and 65800.
NOW, THEREFORE, BE IT RESOLVED, that this City Council of the City of Diamond Bar
hereby:
1. Assures the Federal Insurance Administration that it will enact as necessary, and
maintain in force in those areas having flood, mudslide (i.e., mudflow), or flood -related erosion
hazards, adequate land use and control measures with effective enforcement provisions consistent
with the Criteria set forth in Section 1910 of the National Flood Insurance Program Regulations; and
2. Vests the office of the City Manager with the responsibility, authority, and means to:
a. Assist the Administrator, at his request, in his delineation of the limits of the area
having special flood, mudslide (i.e., mudflow), or flood -related erosion hazards.
b. Provide such information as the Administrator may request concerning present
uses and occupancy of the flood plain, mudslide (i.e., mudflow) or flood -related
erosion areas.
c. Cooperate with Federal, State, and local agencies and private firms which
undertake to study, survey, map and 0entify flood plain, mudslide (i.e., mudflow),
or flood -related erosion areas, and cooperate with neighboring communities with
respect to management of adjoining flood plain, mudslide (i.e., mudflow) and/or
flood -related erosion areas in order to prevent aggravation of existing hazards.
d. Submit on the anniversary date of the community's initial eligibility an annual
report to the Administrator on the progress made during the past year within the
community in the development and implementation of flood plain management
measures.
e. Upon occurrence, notify the Administrator in writing whenever the boundaries of
the community have been modified by annexation or the community has otherwise
assumed or no longer has authority to adopt and enforce floodplain management
regulations for a particular area. In order that all Flood Hazard Boundary Maps and
Flood Insurance Rate Maps accurately represent the community's boundaries,
include within such notification a copy of a map of the community suitable for
reproduction, clearly delineating the new corporate limits or new area for which the
community has assumed or relinquished flood plain management regulatory
authority.
3. Appoints the office of the City Manager to maintain for public inspection and to furnish
upon request, for the determination of applicable flood insurance risk premium rates within all areas
having special flood hazards identified on a Flood Hazard Boundary Map or Flood Insurance Rate
Map, any certificates of flood -proofing, and information on the elevation (in relation to mean sea
level) of the level of the lowest habitable floor (including basement if habitable) of all new or
substantially improved structures, and include whether or not such structures contain a basement,
and if the structure has been floodproofed the elevation (in relation to mean sea level) to which
the structure was floodproofed;
4. Agrees to take such other official action as may be reasonably necessary to carry out
the objectives of the program.
APPROVED AND ADOPTED THIS DAY OF , 1989.
MAYOR
I hereby certify and attest that this Resolution, being Resolution No. , was approved and
adopted by the City Council of the City of Diamond Bar at a regular meeting on the day of
1989, by the following roll call vote:
AYES:
NOES:
ABSENT:
CITY CLERK
1615:db1:9-29-89
CITY OF DIAMOND BAR
FLOOD DAMAGE PREVENTION ORDINANCE NO.
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND METHODS
1.1 STATUTORY AUTHORIZATION. The Legislature of the State of California has in Government
Code Sections 65302, 65560 and 65800 conferred upon local government units authority to
adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the City Council of the City of Diamond Bar does ordain as follows:
1.2 FINDINGS OF FACT
A. The flood hazard areas of the City of Diamond Bar are subject to periodic inundation
which results in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the
public health, safety and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in areas of
special flood hazards which increase flood heights and velocities, and when
inadequately anchored, damage uses in other areas. Uses that are inadequately
floodproofed, elevated or otherwise protected from flood damage also contribute to the
flood loss.
1.3 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in areas of special flood
hazard;
F. To help maintain a stable tax base by providing for the second use and development
of areas of special flood hazard so as to minimize future flood blight areas;
G. To insure that potential buyers are notified that property is in an area of special flood
hazard; and
H. To insure that those who occupy the areas of special flood hazard assume responsibility
for their actions.
1.4 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due
to water or erosion hazards, or which result in damaging increases in erosion or flood
heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
C. Controlling the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel flood waters;
D. Controlling filling, grading, dredging, and other development which may increase flood
damage; and,
E. Preventing or regulating the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards in other areas.
OA
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so
as to give them the meaning they have in common usage and to give this ordinance its most
reasonable application.
'Appeal" means a request for a review of the Floodplain Administrator's interpretation of any
provision of this ordinance or a request for a variance.
'Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from one to three feet; a clearly defined channel does not
exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
"Area of special flood -related erosion hazard' is the area subject to severe flood -related erosion
losses. The area is designated as Zone E on the Flood Insurance Rate Map (FIRM).
'Area of special flood hazard - see "Special flood hazard area".
'Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe mudslides (i.e.,
mudifows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM).
"Base flood' means the flood having a one percent chance of being equalled or exceeded in any
given year (also called the "100 -year flood").
"Basement" means any area of the building having its floor subgrade (below ground level) on all
sides.
"Development" means any man-made change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations.
'Flood or floodingmeans a general and temporary condition of partial or complete inundation of
normally dry land areas from (1) the overflow of flood waters, (2) the unusual and rapid
accumulation or runoff of surface waters from any sotme, and/or (3) the collapse or subsidence
of land along the shore of a lake or other body of water as a result of erosion or undermining
caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused
by an unusually high water level in a natural body of water, accompanied by a severe storm, or
by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding as defined in this definition.
"FLOOD BOUNDARY AND FLOODWAY MAP' means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the
areas of flood hazard and the floodway.
3
'Flood Insurance Rate Map (FIRM)means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
'Flood Insurance Study' means the official report provided by the Federal Insurance Administration
that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water
surface elevation of the base flood.
'Floodplain or flood -prone area' means any land area susceptible to being inundated by water from
any source (see definition of "flooding").
'Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans,
flood control works and floodplain management regulations.
'Floodplain management regulations' means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of police power. The term
describes such state or local regulations in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
'Floodproofing' means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
'Floodmeans the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot. Also referred to as "Regulatory floodway'.
'Highest adiacent grade' means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
'Lowest floor' means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor; provided,
that such enclosure is not built so as to render the structure in violation of the applicable non -
elevation design requirements of this ordinance. —"'
'Manufactured home' means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For floodplain management purposes the term "manufactured
home" also includes park trailers, travel trailers and other similar vehicles placed on a site for
greater than 180 consecutive days.
'Manufactured home park or subdivision' means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for sale or rent.
4
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on
a community's Flood Insurance Rate Map are referenced.
"New construction" means, for floodplain management purposes, structures for which the "start of
construction" commenced on or after the effective date of a floodplain management regulation
adopted by this community.
'One hundred year flood' or '100-vear flood" means a flood which has a one percent annual
probability of being equalled or exceeded. It is identical to the "base flood", which will be the term
used throughout this ordinance.
'Person' means an individual or his agent, firm, partnership, association or corporation, or agent
of the aforementioned groups, or the state or its agencies or political subdivisions.
'Remedy a violation' means to bring the structure or other development into compliance with State
or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement provisions of the
ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with
regard to the structure or other development.
"Riverline" means relating to, formed by, or resembling a river (including tributaries), steam, brook,
etc.
'Special flood hazard area (SFHA1' means an area having special flood or flood -related erosion
hazards, and shown on an FHBM or FIRM as Zone A, AO, Al -30, AE, A99, or AH.
"Start of Construction" includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms,_ nor does it induce the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure.
"Structure" means a walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost
of which equals or exceeds 50 percent of the market value of the structure either:
1. before the improvement or repair is started; or
2. if the structure has been damaged, and is being restored, before the damage occurred.
5
For the purposes of this definition "substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure. The term does not, however,
include either:
any project for improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely necessary to assure safe living
conditions; or
2. any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
Variance' means a grant of relief from the requirements of this ordinance which permits
construction in a manner that would otherwise be prohibited by this ordinance.
'Violation' means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in this ordinance
is presumed to be in violation until such time as that documentation is provided.
H.
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all areas of special flood hazards, areas of flood -related erosion
hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the City of
Diamond Bar.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
The areas of special flood hazard, areas of flood -related erosion hazards and areas of
mudslide (i.e., mudflow) hazards identified by the Federal Emergency Management Agency
or the Federal Insurance Administration in a scientific and engineering report entitled "Flood
Insurance Study of the County of Los Angeles and all revisions thereto, with an
accompanying Flood Insurance Rate Map is hereby adopted by reference and declared to
be a part of this ordinance. This Flood Insurance Study is on file at the City of Diamond Bar
City Hall. This Flood Insurance Study is the minimum area of applicability of this ordinance
and may be supplemented by studies for other areas which allow implementation of this
ordinance and which are recommended to the City Council by the Floodplain Administrator.
3.3 COMPLIANCE.
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this ordinance and other applicable regulations.
Violations of the provisions of this ordinance by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with conditions)
shall constitute a misdemeanor. Nothing herein shall prevent the City Council of the City of
Diamond Bar from taking such lawful action as is necessary to prevent or remedy any
violation.
3.4 ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict -or overlap, whichever imposes the more
stringent restrictions shall prevail.
3.5 INTERPRETATION.
In the interpretation and application of this ordinance, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and,
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
7
3.6 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased by man-made or
natural causes. This ordinance does not imply that land outside the areas of special flood
hazards, areas of flood -related erosion hazards and areas of mudslide (i.e., mudflow) hazards
or uses permitted within such areas will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the City of Diamond Bar, any officer or
employee thereof, or the Federal Insurance Administration, for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully made thereunder.
3.7 SEVERABILITY. This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid.
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SECTION 4.0
ADMINISTRATION
4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT.
A Development Permit shall be obtained before construction or development begins within
any area of special flood hazards, areas of flood -related erosion hazards or areas of mudslide
(i.e., mudflow) established in Section 3.2. Application for a Development Permit shall be
made on forms furnished by the Floodplain Administrator and may include, but not be limited
to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation
of the area in question; existing or proposed structures, fill, storage of materials, drainage
facilities; and the location of the foregoing. Specifically, the following information is required:
A. Proposed elevation in relation to mean sea level, of the lowest floor (including basement)
of all structures; in Zone AO elevation of highest adjacent grade and proposed elevation
of lowest floor of all structures.
B. Proposed elevation in relation to mean sea level to which any structure will be
floodproofed;
C. All appropriate certifications listed in Section 4.3.13 of this ordinance; and
D. Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development.
4.2 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
The City Manager is hereby appointed to administer and implement this ordinance by granting
or denying development permits in accordance with its provisions.
4.3 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
The duties and responsibilities of the floodplain administrator shall include, but not be limited
to:
A. Permit review.
1. Review all development permits to determine that the permit requirements of this
ordinance have been satisfied;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding.
9
4. The proposed development does not adversely affect the carrying capacity of areas
where base flood elevations have been determined but a floodway has not been
designated. For purposes of this ordinance, "adversely affects" means that the
cumulative effect of the proposed development when combined with all other existing
and anticipated development will not increase the water surface elevation of the base
flood more than one foot at any point.
B. Use of Other Base Flood Data. When base flood elevation data has not been provided
in accordance with Section 3.2., the Floodplain Administrator shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available from a Federal,
State or other source, in order to administer Section 5.0. Any such information shall
be submitted to the City Council of the City of Diamond Bar for adoption.
C. Whenever a watercourse is to be altered or relocated:
Notify adjacent communities and the California Department of Water Resources prior
to such alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration;
2. Require that the flood carrying capacity of the altered or relocated portion of said
watercourse is maintained.
D. Obtain and maintain for public inspection and make available as needed:
1. the certification required in Section 5.1.C.1 (floor elevations);
2. the certification required in Section 5.1.C.2 (elevations in areas of shallow flooding);
3. the certification required in Section 5.1.C.3.c (elevation or floodproofing of
nonresidential structures);
4. the certification required in section 5.1.C.4.a or 5.1.C.4.b. (wet floodproofing
standard);
5. the certified elevation required in Section 5.33 (subdivision standards);
6. the certification required in Section 5.5.A (floodway encroachments);
7. the reports required in Section 5.7.D. (mudflow standards).
E. Make interpretations where needed, as to the exact location of the boundaries of the
areas of special flood hazards, areas of flood -related erosion hazards or areas of
mudslide (i.e., mudflow) (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions). The person contesting the location of
the boundary shall be given a reasonable opportunity to appeal the interpretation as
provided in Section 6.0.
F. Take action to remedy violations of this ordinance as specified in Section 3.3 herein.
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SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required:
A. Anchoring
1. All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of Section 5.4.
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
3. All new construction and substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
4. Require within Zones AH or AO adequate drainage paths around structures on
slopes to guide flood waters around and away from proposed structures.
C. Elevation and Floodproofing
1. New construction and substantial improvement of any structure shall have the lowest
floor, including basement, elevated—to or above the base flood elevation.
Nonresidential structures may meet the standards in Section 5.1.C.3. Upon the
completion of the structure the elevation of the lowest floor including basement shall
be certified by a registered professional engineer or surveyor, or verified by the
community building inspector to be properly elevated. Such certification or
verification shall be provided to the Floodplain Administrator.
11
2. New construction and substantial improvement of any structure in Zone AO shall
have the lowest floor, including basement, elevated above the highest adjacent grade
at least as high as the depth number specified in feet on the FIRM, or at least two
feet if no depth number is specified. Nonresidential structures may meet the
standards in Section 5.1.C.3. Upon the completion of the structure the elevation of
the lowest floor including basement shall be certified by a registered professional
engineer or surveyor, or verified by the community building inspector to be properly
elevated. Such certification or verification shall be provided to the Floodplain
Administrator.
3. Nonresidential construction shall either be elevated in conformance with Section
5.1.C.1. or 2. or together with attendant utility and sanitary facilities:
a. be floodproofed so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water;
b. have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
c. be certified by a registered professional engineer that the standards of this
subsection are satisfied. Such certifications shall be provided to the Floodplain
Administrator.
4. Require, for all new construction and substantial improvements, that fully enclosed
areas below the lowest floor that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet or exceed the
following minimum criteria:
a. Either a minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot above
grade. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry and exit of
floodwaters; or w
b. Be certified to comply with a local floodproofing standard approved by the
Federal Insurance Administration.
5. Manufactured homes shall also meet the standards in Section 5.4.
5.2 STANDARDS FOR UTILITIES
A. All new and replacement water supply and sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the system and discharge from
systems into flood waters.
12
B. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
5.3 STANDARDS FOR SUBDIVISIONS.
A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation
of the base flood.
B. All final subdivision plans will provide the elevation of proposed structure(s) and pads.
If the site is filled above the base flood, the final pad elevation shall be certified by a
registered professional engineer or surveyor and provided to the Floodplain Administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood damage.
D. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
5.4 STANDARDS FOR MANUFACTURED HOMES.
All new and replacement manufactured homes and additions to manufactured homes shall:
A. Be elevated so that the lowest floor is at or above the base flood elevation; and
B. Be securely anchored to a permanent foundation system to resist flotation, collapse or
lateral movement.
5.5 FLOODWAYS.
Located within areas of special flood hazard established in Section 3.2 are areas designated
as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles, and erosion potential, the following provisions
apply:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and
other development unless certification by a registered professional engineer is provided
demonstrating that encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge.
B. If Section 5.5.A. is satisfied, all new construction and substantial improvements shall
comply with all other applicable flood hazard reduction provisions of Section 5.
5.6 INTENTIONALLY LEFT BLANK
13
5.7 MUDSLIDE (i.e., MUDFLOW)-PRONE AREAS
A. The Floodplain Administrator shall review permits for proposed construction or other
development to determine if it is proposed within a mudslide area.
B. Permits shall be reviewed to determine that the proposed development is reasonably safe
from mudslide hazards. Factors to be considered in making this determination include
but are not limited to:
1. The type and quality of soils;
2. Evidence of ground water or surface water problems;
3. The depth and quality of any fill;
4. The overall slope of the site; and
5. The weight that any proposed development will impose on the slope.
C. Within areas which have mudslide hazards, the following requirements apply:
1. A site investigation and further review shall be made by persons qualified in geology
and soils engineering;
2. The proposed grading, excavation, new construction and substantial improvements
shall be adequately designed and protected against mudslide damages;
3. The proposed grading, excavations, new construction and substantial improvements
do not aggravate the existing hazard by creating either on-site or off-site
disturbances; and
4. Drainage, planting, watering and maintenance shall not endanger slope stability.
D. Within Zone M on the Flood Insurance Rate Map, the community shall adopt a drainage
ordinance which at least complies with the standards of Sections 7001 through 7006 and
Sections 7008 through 7015 of the most recent amendment of the 1985 Uniform Building
Code, and Chapter 70 of the most recent amendment of the 1987 Los Angeles County
Department of Public Works Building Code.
1. The location of foundation and utility systems of new construction and substantial
improvements;
2. The location, drainage and maintenance of all excavations, cuts and fills and planted
slopes;
3. Protective measures including but not limited to retaining walls, buttress fills,
subdrains, diverter terraces, benchings, etc.; and
4. Engineering drawings and specifications to be submitted for all corrective measures,
accompanied by supporting soils engineering and geology reports.
14
5.8 FLOOD -RELATED EROSION -PRONE AREAS.
A. The Floodplain Administrator shall require permits for proposed construction and other
development within all flood -related erosion -prone areas as known to the community.
B. Such permits shall be reviewed to determine whether the proposed site alterations and
improvements will be reasonably safe from flood -related erosion and will not cause flood -
related erosion hazards or otherwise aggravate the existing hazard.
C. If a proposed improvement is found to be in the path of flood -related erosion or would
increase the erosion hazard, such improvement shall be relocated or adequate protective
measures shall be taken to avoid aggravating the existing erosion hazard.
D. Within Zone E on the Flood Insurance Rate Map, a setback is required for all new
development from the ocean, lake, bay, riverfront or other body of water to create a
safety buffer consisting of a natural vegetative or contour strip. This buffer shall be
designated according to the flood -related erosion hazard and erosion rate, in relation to
the anticipated "useful life" of structures, and depending upon the geologic, hydrologic,
topographic and climatic characteristics of the land. The buffer may be used for suitable
open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife
habitat areas, and for other activities using temporary and portable structures only.
15
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEAL BOARD
A. The City Council of the City of Diamond Bar shall hear and decide appeals and requests
for variances from the requirements of this ordinance.
B. The City Council shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of this ordinance.
C. In passing upon such applications, the City Council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this ordinance,
and:
1. the danger that materials may be swept onto other lands to the injury of others;
2. the danger of life and property due to flooding or erosion damage;
3. the susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
4. the importance of the services provided by the proposed facility to the community;
5. the necessity to the facility of a waterfront location, where applicable;
6. the availability of alternative locations for the proposed use which are not subject
to flooding or erosion damage;
7. the compatibility of the proposed use with existing and anticipated development;
8. the relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9. the safety of access to the property-ira-4me of flood for ordinary and emergency
vehicles;
10. the expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and,
11. the costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water system, and streets and bridges.
16
D. Generally, variances may be issued for new construction and substantial improvements
to be erected on a lot of one-half acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the base flood level, providing items
6.1.C.1. through 6.1 C.11 have been fully considered. As the lot size increases beyond
one-half acre, the technical justification required for issuing the variance increases.
E. Upon consideration of the factors of Section 6A .0 and the purposes of this ordinance,
the City Council of the City of Diamond Bar may attach such conditions to the granting
of variances as it deems necessary to further the purposes of this ordinance.
F. The Floodplain Administrator shall maintain the records of all appeal actions and report
any variances to the Federal Insurance Administration upon request.
6.2 CONDITIONS FOR VARIANCES
A. Variances may be issued for the reconstruction, rehabilitation or restoration of structures
listed in the National Register of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in the remainder of this section.
B. Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
C. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
D. Variances shall only be issued upon:
1. a showing of good and sufficient cause;
2. a determination that failure to grant the variance would result in exceptional hardship
to the applicant; and
3. a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
E. Variances may be issued for new construction and substantial improvements and for
other development necessary for the conduct of a functionally dependent use provided
that the provisions of Sections 6.2.A through 6.2.D are satisfied and that the structure
or other development is protected by methods that minimize flood damages during the
base flood and create no additional threats to public safety.
F. Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the regulatory
flood elevation and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation. A copy of the notice
shall be recorded by the Floodplain Board in the office of the Los Angeles County
Recorder and shall be recorded in a manner so that it appears in the chain of title of
the affected parcel of land.
17
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