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HomeMy WebLinkAbout07/10/1990Next Resolution No. 65 Next Ordinance No. 10 JULY 10, 1990 DIAMOND BAR CITY COUNCIL ADJOURNED REGULAR MEETING 6:00 P.M. THANK YOU FOR NOT SMOKING, DRINKING OR EATING IN THE COUNCIL CHAMBER CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: COUNCILMEN PAPEN, KIM, HORCHER, MAYOR PRO TEM FORBING AND MAYOR WERNER 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 Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 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 by request of a Councilmember only. 1. SCHEDULE FUTURE MEETINGS - A. Parks and Recreation Commission Study Session - July 12, 1990 - 6:30 p.m. City Hall B. Traffic and Transportation Committee - July 12, 1990 - 7:00 p.m. Community Room, 1061 Grand Ave. C. City Council Regular Meeting - July 17, 1990 - 6:00 p.m. W.V.U.S.D., 880 S. Lemon Avenue D. General Planning Advisory Committee - July 19, 1990 - 7:00 p.m. Ramada Inn E Planning Commission - July 23, 1990 - 6:30 p.m. W.V.U.S.D. Board Room F. Parks and Recreation Commission - July 26, 1990 - 6:30 p.m. Community Room - 1061 S. Grand Ave. CITY OF DIAMOND BAR USES RECYCLED PAPER CITY COUNCIL AGENDA PAGE 2 JULY 10, 1990 2. APPROVAL OF MINUTES - Adjourned Regular Meeting of June 12, 1990; Regular Meeting of June 19, 1990; and Adjourned Regular Meeting of June 26, 1990. 3. WARRANT REGISTER - Approve the Warrant Registers dated June 29, 1990 and July 10, 1990 for the total amount of $434,889.81. 4. CLAIM FOR DAMAGES - Claim filed June 26, 1990 by Natalie M. Lanzas. Recommended Action: Deny claim. 5. ADMINISTRATIVE ANALYST - At this time, two Administrative Analyst positions have been authorized in the FY 90-91 Budget. Due to the wide range of activities that they will be involved in, it has been determined that an additional Administrative Analyst position is needed to adequately respond. Therefore, it is staff's recommendation that Council authorize a position for an additional Administrative Analyst and appropriate monies necessary to fund that position. Recommended Action: Approve a position for an additional Administrative Analyst and appropriate monies necessary to fund that position in the amount of $35,750.00; (salary = $25,905; benefits $9,845). 6. RESOLUTION NO. 90 -XX: MEMBERSHIP IN SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS - Authorize membership in the Southern California Association of Governments (SCAG) for Fiscal Year 1990-91. Recommended Action: Approve membership in the Southern California Association of Governments (SCAG) for Fiscal Year 1990-91 in the amount of $3,595, adopt Resolution No. 90 -XX and appoint Councilman Kim and alternate representatives to the Association. 7. RESOLUTION NO. 90 - XX: COOPERATIVE AGREEMENT, LOS ANGELES URBAN COUNTY COMMUNITY BLOCK GRANT PROGRAM - The City has been invited to participate in the Los Angeles Urban County Community Block Grant (CDBG) Program. The Program is based upon 3 -year funding cycles and the City would be included in the cycle beginning July 1, 1991 and ending June 30, 1994. The City's first Program allocation would be received July 1, 1991. Recommended Action: Adopt Resolution No. 90 - XX authorizing participation in the Los Angeles Urban County CDBG Program and directing the Mayor to execute the Cooperation Agreement with the County of Los Angeles. CITY COUNCIL AGENDA PAGE 3 JULY 10, 1990 8. REQUEST FOR PROPOSAL FOR COMPUTER SYSTEM - In accordance with recommendations from various computer consultants, it is desirable for the City to obtain proposals for installation of a "network" allowing all staff to share data currently available only to individuals. In addition, five more systems are necessary in order for new staff members to complete their assignments in a timely manner. The Request for Proposals attached to the staff report outlines the hardware, software and cabling required. Recommended Action: Authorize staff to request proposals for purchase, installation and service of a "Local Area Network" and related hardware and software. SPECIAL PRESENTATIONS: 9. PROCLAMATION - Proclaiming the Month of July, 1990 as "Store Emergency Food" month in the City of Diamond Bar. JOINT MEETING CITY COUNCIL AND PARKS AND RECREATION COMMISSION - 6:30 p.m. or as soon thereafter as matters may be heard. 10. COUNCIL/PARKS AND RECREATION COMMISSION PHILOSOPHIES Recommended Action: Discussion regarding: 1. Philosophies 2. C.D.B.G. Funding Options Seniors, Child Care 3. Joint Powers Agreement between W.V.U.S.D., City of Walnut and City of Diamond Bar. (See Parks and Recreation Commission Agenda). ANNOUNCEMENTS: This time is set aside for any City Councilmember to direct staff regarding any matters to be discussed at the next regular meeting. CLOSED SESSION: Personnel - Government Code Section 54957.6 Litigation - Government Code Section 54956.9 ADJOURNMENT MINUTES OF THE CITY COUNCIL REGULAR ADJOURNED MEETING OF THE CITY OF DIAMOND BAR JUNE 12, 1990 CALL TO ORDER: M/Werner called the meeting to order at 6:03 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 ALLEGIANCE: by M/Werner. ROLL CALL: Councilmen Papen, Kim, Horcher and Mayor Werner. Mayor Pro Tem Forbing was excused. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. CONSENT CALENDAR: C/Kim moved, C/Horcher seconded to approve the Consent Calendar with the exception of Item 1B. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Horcher, Kim and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Agreement for Approved agreement for legal services with the Legal Services Law Firm of Markman, Arczynski, Hanson and Goldman. Council Strategic C/Horcher moved to hold the Strategic Planning Planning Workshop Workshop in Diamond Bar. The motion died for lack of second. Mr. Frank Dursa and Mr. Al Rumpilla both spoke in favor of utilizing the facilities in Diamond Bar for the Workshop. Dan Buffington, 2605 Indian Creek, spoke in favor of using the Balboa Bay Club. Following further discussion, M/Werner moved, C/Papen seconded to approve the date, time and location of the Strategic Planning Workshop. Motion carried with a vote of 3 to 1, C/Horcher voting no. OLD BUSINESS: Lively Sr. CM/Van Nort presented a request from the Diamond Citizens Bar Lively Senior Citizens for a $1,000.00 grant JUNE 12, 1990 PAGE 2 and recommended award of the grant with the understanding that an accounting of the monies be provided. In addition, prior to issuance of the check, the group shall meet with the Parks and Recreation Commission to finalize how the funds will be spent. C/Kim moved, C/Papen seconded to approve the request for a grant of $1,000 to the Diamond Bar Lively Senior Citizens. With the follow- ing Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None SCAG MEMBERSHIP As a follow-up to a presentation by SCAG representatives on June 5, 1990, CM/Van Nort recommended approval of membership in the amount of $3,595 and, pursuant to earlier recommendation, that C/Kim be the designate to this organization. Following discussion, Council continued this matter for 30 days. BUDGET FOR FY 1990-91 C/Horcher moved, C/Kim seconded to adopt Resolution 90-58 Resolution No. 90-58 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1990 AND ENDING JUNE 30, 1991, INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. With the following Roll Call Vote, the motion passed. AYES: COUNCILMEMBERS - Papen, Kim, Horcher, and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None PUBLIC HEARING: Ordinance 20A M/Werner opened the Public Hearing. With no (1989) public testimony being taken, M/Werner closed the Public Hearing. JUNE 12, 1990 PAGE 3 C/Horcher moved, C/Kim seconded to waive full reading and approve for First Reading by title only Ordinance No. 20A (1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTIONS 24A AND 24B TO ORDINANCE NO. 20 (1989) PERTAINING TO COMPETITIVE BIDS FROM RESIDENT BUSINESSES AND RECYCLABLE MATERIALS. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None RECESS M/Werner declared a recess at 6:58 p.m. RECONVENE M/Werner reconvened the meeting at 7:12 p.m. JOINT MEETING Planning Commission Chairman David Schey called City Council/ the Planning Commission to order. Members present Planning were: Commissioners Grothe, MacBride, Vice Commission Harmony and Chairman Schey. Commissioner Lin was absent. Planning Comm. Chair/Schey presented the Consent Calendar to the Consent Calendar Planning Commission. By consensus, the Planning Commission approved the Consent Calendar and set Monday, June 25, 1990 as their next meeting date. Chair/Schey opened the Planning Commission Public Hearing. C/Werner opened the Joint Public Hearing. C/Werner announced that the following topics would be discussed: Sign Ordinance, Development Code, General Plan, Home Occupation Ordinance and Council/Commission expectations and concerns. VChair/Harmony asked that there be a discussion regarding Planning staff for next year. CA/Arczynski explained the Development Review process and discussed the Planning Commission's role in reviewing projects. He pointed out that the Commission would be expected to make findings based on City Codes. Following discussion by Council, M/Werner turned the meeting over to the Planning Commission for comment. JUNE 12, 1990 PAGE 4 Chair/Schey stated that, in his opinion, the L.A. County Codes are inadequate and ex- plained that the Commission has been attempt- ing to develop standards. Because of the amount of projects coming in for review and those on the horizon, there is not enough time to develop standards. He suggested that current projects be put on hold in order to bring development standards and zoning codes up to their proper levels. C/Grothe stated that he would like to see more joint study sessions with Council to obtain direction. He further stated that Council's expectations of the Commission have not been clearly stated. C/MacBride stated that he would like to see a balance of approximately 70% residential development to 30% commercial development. Mr. Ken Spear, representing Cahan/Crisell Properties, gave the developer's side of the planning issue. His concerns included the lack of accepted or agreed upon guidelines and the lack of coordination between the Council and Commission on basic philosophical goals. He recommended that the Council and the Commission set realistic goals as to what is achievable regarding development and suggested that the City keep an open mind and remember that compromise has to take place for economic development to occur. Dr. Dan Buffington, 2605 Indian Creek, stated that he had attended several Planning Commission meetings and that, in spite of no direction from the Council, the Commission has done a good job. Mr. Don Nardella, 23444 Coyote Springs, stated that there appears to be a lack of adequate standards resulting in inconsistent application. He suggested that the Planning Commission, with City Council approval, develop standards. He urged the Council to take action quickly to prevent further pre- judice both to the community and businesses. M/Werner stated that he heard considerable comment on lack of and/or deficiency of standards --specifically sign standards. He further stated that he felt that parking standards were deficient and that he would JUNE 12, 1990 PAGE 5 like to work to correct these standards in addition to looking at other standards that may be deficient. C/Kim stated that he was opposed to a moratorium. He suggested that sign ordinances used by other cities be obtained to provide guidelines for developing a similar ordinance. C/Papen stated that she heard that the Planning Commission has asked for the Council's support and that there are no guidelines in place, which is hampering the Commission from doing their job. She further stated that the Commission appears to be requesting permission to set aside current projects in favor of formulating guidelines for smoother decision making. She suggested that guidelines adopted for the Gateway Corporate Center be used as model guidelines for other projects. M/Werner advised that he would have no problem with using Gateway Corporate Center guidelines in comparing zoning standards already in place. The Council would then know where deviations exist and could then work with the Planning Commission to make necessary adjustments. He further advised that he would have no problem with a moratorium on free-standing signs until the guidelines are in effect. The City could then develop a more specific set of ordinances for these signs. He also felt that parking standards are as important as sign standards and would like the Council to implement an ordinance amendment to increase retail parking requirements to either 5, 5 1/2, or 6 parking spaces per 1,000 sq. ft. By consensus of Council, staff was directed to prepare an Ordinance for a moratorium on free- standing signs in excess of 6 ft. in height and a 35 ft. maximum on monument signs. Staff was further directed to upgrade the number of parking spaces in retail centers. With no further testimony being given, Chairman Schey closed the Planning Commission's portion of the Public Hearing and turned the meeting over to M/Werner. M/Werner then closed the Joint Public Hearing. PLANNING C/Harmony moved, seconded by C/Grothe to adjourn COMMISSION the Planning Commission meeting to June 25, 1990 ADJOURNMENT at 7:00 p.m. in the Board Room, W.V.U.S.D., 880 S. Lemon Ave., Diamond Bar. JUNE 12, 1990 PAGE 6 ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting at 9:27 p.m. to 10:00 a.m. on June 14, 1990 at the Balboa Bay Club, Newport Beach, CA. ATTEST: Mayor LYNDA BURGESS, City Clerk WTV"Mon AD M"V CTMV CaUWnTL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 19, 1990 CALL TO ORDER: M/Werner called the meeting to order at 6:03 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 ALLEGIANCE: by Councilman Horcher. ROLL CALL: Councilmen Papen, Horcher, Mayor Pro Tem Forbing and Mayor Werner. C/Kim arrived at 7:10 p.m. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. COUNCIL COMMENTS: MPT/Forbing announced that he and M/Werner had attended the christening of the Metro Blue Line Fleet earlier in the day. Diamond Bar was selected as one of the 54 cities to have a metro car named after it. He displayed a bronze plaque that will be placed in the car describing the City. M/Werner added that car number 115 will bear the City of Diamond Bar plaque. He gave the City Clerk a Certificate certifying the car number as well as the remains of the champagne bottle used to christen the blue car. M/Werner congratulated C/Horcher on his victory for the Republican candidacy for the 52nd Assembly District in the June Primary. He further congrat- ulated Gary Neely on his Democratic candidacy for the same seat. PUBLIC COMMENTS: Mr. Jim Paul, 1269 Ahtena Dr., spoke about the Strategic Planning Workshop held in Newport Beach. He encouraged the City Council to utilize facil- ities in Diamond Bar as much as possible in the future. CONSENT CALENDAR: CM/Van Nort presented the Consent Calendar and advised that the TRAN issue on the Warrant Register should be deleted due to the fact that it must be a wire transfer. The correct amount for the Warrant Register is $218,353.68. C/Papen moved and C/Kim seconded to approve the Consent Calendar with the exclusion of Item No's. 5, 8 and 9. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Papen, Kim, Horcher, MPT/ Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None JUNE 19, 1990 PAGE 2 Schedule Future A. Solid Waste Proposal Review Study Meetings Session - June 21, 1990 - 7:00 a.m. to 1:00 p.m., W.V.U.S.D. Board Room B. General Plan Advisory Committee - June 21, 1990 - 7:00 p.m., Ramada Inn C. Planning Commission - June 25, 1990 - 7:00 p.m., W.V.U.S.D. Board Room D. Adjourned Regular Meeting/Joint Meeting City Council/Traffic & Transportation Committee - June 26, 1990 - 6:00 p.m., W.V.U.S.D. Board Room E. Disaster Preparedness - June 27, 1990 - 7:30 p.m., Walnut Sheriff's Station F. Parks and Recreation Commission - June 28, 1990 - 6:30 p.m. Community Room, 1061 Grand Avenue. Approval of Approved Minutes of Regular Meeting of June Minutes 5, 1990. Warrant Register Approved Warrant Register dated June 19, 1990 in the amount of $218,353.68. Traffic and Received and filed Traffic and Transportation Transportation Committee Minutes of April 5 and May 3, 1990. Committee Minutes Resolution 90-59 Adopted Resolution No. 90-59 entitled: A Lighting District RESOLUTION GRANTING CONSENT AND JURISDICTION 10006, Zone Proj. TO THE COUNTY OF LOS ANGELES IN THE MATTER OF 133-57 COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, CITY OF DIAMOND BAR ZONE PROJECT 133-57. Resolution 90-60 Adopted Resolution No. 90-60 entitled: A Lighting District RESOLUTION GRANTING CONSENT AND JURISDICTION 10006, Zone Proj. TO THE COUNTY OF LOS ANGELES IN THE MATTER OF 135-57 COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, CITY OF DIAMOND BAR ZONE PROJECT 135-57. Resolution Supporting C/Horcher requested that Resolution No. 90 -XX Legislation to be continued until copies of the proposed Combat Criminal Bills and input from Senator Frank Hill are Street Gangs obtained. Bid Award — Median CM/Van Nort announced that the bid award for Construction, Median Construction, Landscaping and Traffic Landscaping and Signal Modifications on Diamond Bar Blvd. and Traffic Signal Grand Ave. be continued to June 26, 1990. Modifications Home Occupation M/Werner advised that the proposed ordinance Permit is zoning -related which means that it must be reviewed by the Planning Commission before it can be adopted by the City Council. JUNE 19, 1990 PAGE 3 The following residents spoke against the proposed Ordinance requiring Home Occupation Permits: Bob Beidelman, 1926 Derringer Ln. Marshal Wise, 2600 Broken Feather Ln. Loni A. Cruz, 848 Carlton Privado, Ontario Chuck Martin, 444 N. Red Cloud Dr. Tom Van Winkle, 21103 Gerndal St., Walnut Paula Nafuger, 22902 True Grit Pl. Carole Rickey, 555 Pinto Mesa Gelly Borromeo, 150 Cottonwood Cove Dr. Curtis C. Claybrook, 2111 Chestnut Creek Rd. Individual comments included: this is a way for the City to raise taxes; how would the 20% be determined; where child care facilities would fall under this ordinance; concerns regarding no automobile or pedestrian traffic, whether it would include a "grandfather" clause; how could persons with home occupations advertise, etc. M/Werner read a letter from Dexter MacBride, President of the DBIA, in favor of the Home Occupation Permit. Mr. Mark Logan, Chamber of Commerce President, stated that the reason behind letters sent to the business community was to educate them regarding the proposed ordinances. He continued by saying that he felt that the intent of the ordinance does have value, however, over the last day and a half the Chamber has received approximately 150 phone calls regarding this ordinance. He followed by reading a letter from resident George Wright explaining his concerns. Mr. Gregory Gaffney, representing the DBIA, advised that it was the consensus of the Association that they did not want to become involved in creating a business ordinance where home businesses are concerned. C/Papen advised that one year ago, the City had been notified by the County that no business licenses were being issued except for businesses that had health and safety issues that needed to be regulated and monitored. She further explained that complaints are being received from residents who have paid persons or businesses to perform services that are not completed and then the business person(s) cannot be located again. Following discussion, C/Horcher moved, C/Kim seconded to table the Home Occupation Permit Ordinance indefinitely. With consensus of Council, the motion was approved. JUNE 19, 1990 PAGE 4 RECESS: M/Werner recessed the meeting at 7:20 p.m.. RECONVENE: M/Werner reconvened the meeting at 7:35 p.m. PRESENTATIONS: "Good Driver Deputy Larry Luter made a presentation on the Citations" "Good Driver Citations" Program being organ- ized by the Sheriff's Department. He will report on the success of the program at the end of the six month trial period. Certificate of M/Werner presented Capt. Thomas Vetter, Appreciation Walnut Sheriff's Station, with a Certificate of Appreciation for outstanding service to the citizens of Diamond Bar. Since Capt. Vetter was not present, M/Werner advised that the Certificate would be presented to him at the Quarterly Breakfast on June 28, 1990. Video Presentation C/Papen extended apologies from Congressman Dreier's office and explained that the video presentation regarding zip codes was still in the mail. OLD BUSINESS: Proposed Ordinance M/Werner polled the Council regarding Home re: Business Occupation Permits to determine whether staff Permits should include Home Occupations in the Business Permit Ordinance. Mr. Fred Scalzo, 22640 Golden Springs Dr., asked if Council could assure that the fees for licenses would be limited to administra- ive processing only and not used as a form of future taxing. He indicated he was concerned about the possibility of having to re -qualify through inspection. Mr. Curtis Claybrook, 2111 Chestnut Creek Rd., complained about excessive amounts of regulations that may be placed on the business person in the City. Mr. Joe McManus, 23561 Coyote Springs Dr., requested clarification on permit fees. He advised that if a fee is to be placed on the business owner, there should be no distinc- tion between whether the business is being conducted at home or in a store front. In response to Mr. Russ Hand's inquiry regarding raising of taxes, CM/Van Nort advised that the City is a General Law City and, therefore, voters JUNE 19, 1990 PAGE 5 must approve any tax increases. Mr. Joe Larutta, 2546 Sunbright Dr., commented that if a business license is required, there may be conflicts with CC&R's. Mr. Tom VanWinkle, asked why the City cannot obtain necessary information from other sources, not through Business or Home Occupation Permits. Mr. Mark Logan, representing the Chamber of Commerce, felt that the intent of the Ordinance is to enable the City to monitor businesses. He advised that the Chamber had called a meeting for June 28, 1990 to determine their position regard- ing Business Permits. M/Werner advised that the business permit issue was being referred to the Planning Commission for re-evaluation and modification. It was suggested that staff work with the Chamber of Commerce on these issues and provide for input by the citizens expressing concern into the preparation of the ordinance. The City Attorney was directed to attend the Chamber's meeting on June 28. Ordinance 30 Asst. City Engineer Jack Istek advised that (1989) Flood following Council adoption of the Ordinance, Damage Prevention it would be sent to FEMA and the City should have a Flood Insurance Rate Map in place by December. Following discussion, MPT/Forbing moved, C/Horcher seconded, to approve Second Reading of Ordinance No. 30 (1989) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RELATING TO FLOOD DAMAGE PREVENTION. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner None None Ordinance 6 (1990) CA/Arczynski presented for second reading by Amending Zoning title only Ordinance No. 6 (1990) entitled: AN Map ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE R-1-6000 (SINGLE FAMILY RESIDENCE, 6,000 SQUARE FOOT MINIMUM, PARCEL SIZE) ZONE TO THE C1 -DP -BE (RESTRICTED COMMERCIAL -DEVELOPMENT PROGRAM - BILLBOARD EXCLUSION) ZONE (ZONE CHANGE NO. 90- 0028). JUNE 19, 1990 PAGE 6 MPT/Forbing moved, C/Kim seconded to adopt Ordinance No. 6 (1990). With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Ordinance 7 (1990) CA/Arczynski presented for second reading by Commercial Vehicles title only Ordinance No. 7 (1990) entitled: Exceeding 10,000 lbs. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING THE USE OF STREETS WITHIN THE CITY OF DIAMOND BAR BY COMMERCIAL VEHICLES AND BY ANY VEHICLES EXCEEDING A MAXIMUM GROSS WEIGHT OF TEN THOUSAND POUNDS, EXCEPT AS SPECIFIED HEREIN, ESTABLISHING PENALTIES THEREFOR AND REPEALING CHAPTER 15.48 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED. Mr. John Griffin, 2105 #1 Dublin, asked for clarification regarding recreational vehicles. MPT/Forbing moved, C/Kim seconded to adopt Ordinance No. 7 (1990). With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None NEW BUSINESS Ordinance 8 CA/Arczynski advised that in order to adopt (1990) Amending the Uniform Codes by reference a Public Title 26 (Building Hearing must be held and full notice given. Code), Title 28 He then presented -for first reading by title (Plumbing Code) only Ordinance No. 8 (1990) entitled: AN & Title 29 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF (Mechanical Code) DIAMOND BAR AMENDING TITLE 26 (BUILDING CODE) TITLE 28 (PLUMBING CODE) AND TITLE 29 (MECHANICAL CODE) OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE ADOPTION BY REFERENCE OF THE "UNIFORM BUILDING CODE, 1988 EDITION," THE "UNIFORM BUILDING CODE, 1988 EDITION," AND THE "UNIFORM MECHANICAL CODE, 1988 EDITION." INCLUDING ALL APPENDICES THERETO, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS, INCLUDING FEES AND PENALTIES. JUNE 19, 1990 PAGE 7 MPT/Forbing moved, C/Horcher seconded to approve Ordinance No. 8 (1990) for first reading by title only and set date of July 17, 1990 at 7:00 p.m. for Public Hearing. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner None None Interim.Ordinance CA/Arczynski introduced Ordinance No. 9 9 (1990) Adopting (1990) entitled: AN ORDINANCE OF THE CITY Interim Zoning COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING Ordinance re AN INTERIM ZONING ORDINANCE PURSUANT TO THE Signs PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING FINDINGS IN SUPPORT THEREOF. Mr. Joe Larutta, 2546 Sunbright Dr., advised that in 1975, the Diamond Bar Improvement Association attempted to formulate the original open space master plan for the unincorporated area. His concern was for any signage that may be viewed from the freeway and pointed out that the 57 freeway was considered a "scenic route." He asked Council to consider limiting signage and keeping them off the freeways so that Diamond Bar can retain its country atmosphere. Mr. Mark Logan and Mr. Russ Hand spoke in regard to the proposed interim ordinance and their pending application for expansion of D. B. Honda. C/Horcher moved, MPT/Forbing seconded to suspend the agenda and discuss Conditional Use Permit 89528 for Diamond Bar Honda prior to making a decision on the Interim Ordinance. With a vote of 4 Ayes and 1 No (C/Papen voting no), the motion passed. RECESS M/Werner recessed the meeting at 8:40 p.m. RECONVENE M/Werner reconvened the meeting at 9:05 p.m. PUBLIC HEARING Conditional Use Acting Planning Director Dennis Tarango gave Permit 89528 a presentation regarding the Conditional Use Diamond Bar Honda Permit and advised that the Planning Commission adopted Resolution No. PC90-8 approving the CUP for development of a restaurant, automatic car wash and expansion of the existing Honda dealership. The CUP also reflects two free- standing signs exceeding 6 ft. in height. He further advised that on May 29, 1990, C/Papen JUNE 19, 1990 PAGE 8 submitted an amended appeal based on signage, traffic, landscape, scenic impacts and set- back requirements. C/Papen stated that she would like a require- ment that all properties have 10 ft. set- backs and that landscaping along the 600 ft. of wall be required for this project. She asked whether the project had been before the Architectural Review Committee. She was advised that it had not. Mr. Mark Logan, General Manager, and Mr. Russ Hand, Owner, of Diamond Bar Honda, spoke on behalf of the proposed project. Ms. Sharon Collins, real estate representa- ive with MacDonald's Corp., spoke in regard to the proposed project and introduced the operators of the proposed site, so that each could discuss the benefits to the City. Mr. Mark Brownstein, 636 Eckoff Ave., Orange, spoke on behalf of MacDonald's restaurant and discussed the importance of the sign. M/Werner declared the Public Hearing open. With no testimony being offered, M/Werner closed the Public Hearing. C/Horcher moved, MPT/Forbing seconded to overrule the appeal, sustain the action of the Planning Commission and direct staff to prepare the appropriate resolution for presentation at the next available meeting. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Kim, Horcher and MPT/Forbing NOES: COUNCILMEMBERS - Papen and M/Werner ABSENT: COUNCILMEMBERS - None Interim Ordinance M/Werner then returned discussion to the pro - 9 (1990) posed Interim Ordinance regarding free - Free -Standing standing signs in excess of 6 ft. in height Signs and/or in excess of 35 sq. ft. of sign size. C/Papen moved, C/Kim seconded to adopt the Interim Ordinance. With the following Roll Call vote, Ordinance No. 9 (1990) carried: JUNE 19, 1990 PAGE 9 Lighting and AYES: COUNCILMEMBERS - Papen, Kim, Horcher Landscape MPT/Forbing and Assessment M/Werner Dist. NOES: COUNCILMEMBERS - None Engineer's Report ABSENT: COUNCILMEMBERS - None Resolution 90-61 CM/Van Nort explained that a Public Hearing Establishing must be held in order for the City to estab- Appropriations lish the appropriations limit for Fiscal Year Limit for 1990-91. In addition, the Resolution was FY 1990-91 under protest because the City had not yet received figures from the Census or the County that give our growth projections. M/Werner opened the Public Hearing. With no testimony being offered, M/Werner closed the Hearing. C/Horcher moved, C/Kim seconded to approve Resolution No. 90-61. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None 1990-91 Asst. City Engineer Bob Morganstern presented Lighting and the Engineer's Report for Districts 38, 39 Landscape and 41 (Lighting and Landscaping Assessment Assessment Districts) which included the budget, assess - Dist. ment amounts, zone maps and assessable lots. Engineer's Report C/Kim asked if the assessment rate was the same as the prior year and Mr. Morganstern replied that there was an increase in the assessment rate for District 41 due to a miscalculation by the County. However, the total amount is the same as the prior year. Following discussion, C/Horcher moved, MPT/ Forbing seconded to approve the 1990-91 Lighting and Landscape Assessment District Engineer's Report. With consensus of Council, the motion passed. Resolution 90-62 Mr. Morganstern then gave a presentation Ordering Maint. regarding approval of maintenance work and Work & Confirming confirming Diagrams and Assessments within Diagrams & the three landscape districts. Assessments LLAD 38, 39 & 41 M/Werner opened the Public Hearing. JUNE 19, 1990 PAGE 10 Mr. Al Rumpilla, 23958 Golden Springs Dr., asked if the Council will be approaching the County or trying to raise assessments in District 38 in the near future. With no further testimony being taken, M/Werner closed the Hearing. Following discussion, staff recommended that the Council form an LLAD Committee and re- evaluate the benefit spread. MPT/Forbing moved, C/Kim seconded to approve Resolution No. 90-62. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None ANNOUNCEMENTS: M/Werner moved to adjourn the meeting in memory of Eric Magdaleno who passed away Thursday morning. He was six years old. ADJOURNMENT: With consent of Council, M/Werner adjourned the meeting to Thursday, June 21, 1990 at 7:00 a.m. for the purpose of interviewing solid waste haulers and a Closed session. ATTEST: Mayor Lynda Burgess, City Clerk Following discussion, C/Kim moved, seconded by C/Papen to authorize an amended contract with the Planning Network for preparation of the Development Code and directed staff to negotiate the contract amount up to $40,335 and increase the proposal from 3 to 6 meetings. Staff was further directed to obtain hourly rates and time and materials information prior to execution of the contract. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, MPT/Forbing NOES: COUNCILMEMBERS - C/Horcher and M/Werner ABSENT: COUNCILMEMBERS - None PRESENTATIONS: D.B. Chinese M/Werner presented a City Tile to the Diamond Bar Assn. Chinene Association to commemorate the organiza- tion's inaguration. President Carey Shin and Vice President Bob Chiu accepted the Tile. Mr. Shin then presented the City with a check in the amount of $200.00 for the purchase of a tree to help beautify the City. MINUTES OF THE CITY COUNCIL REGULAR ADJOURNED MEETING OF THE CITY OF DIAMOND BAR JUNE 26, 1990 CALL TO ORDER: M/Werner called the meeting to order at 6:00 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 ALLEGIANCE: by M/Werner: ROLL CALL: Councilmen Papen, Kim, Horcher and Mayor Werner. Mayor Pro Tem Forbing arrived at 6:11 p.m. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. CONSENT CALENDAR: C/Kim moved, C/Papen seconded to approve the Consent Calendar with the exception of discussion regarding preparation of the Development Code. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Horcher, Kim and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - MPT/Forbing Preparation of CM/Van Nort discussed the proposed preparation Development Code of the Development Code by the Planning Network by Planning and stated that this would be an amendment to Network the existing contract. Following discussion, C/Kim moved, seconded by C/Papen to authorize an amended contract with the Planning Network for preparation of the Development Code and directed staff to negotiate the contract amount up to $40,335 and increase the proposal from 3 to 6 meetings. Staff was further directed to obtain hourly rates and time and materials information prior to execution of the contract. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, MPT/Forbing NOES: COUNCILMEMBERS - C/Horcher and M/Werner ABSENT: COUNCILMEMBERS - None PRESENTATIONS: D.B. Chinese M/Werner presented a City Tile to the Diamond Bar Assn. Chinene Association to commemorate the organiza- tion's inaguration. President Carey Shin and Vice President Bob Chiu accepted the Tile. Mr. Shin then presented the City with a check in the amount of $200.00 for the purchase of a tree to help beautify the City. JUNE 26, 1990 PAGE 2 Video Presentation A video tape was shown of the testimony re Congressman presented by Congressman David Drier regard- Dreier's Testimony ing the Zip Code problem in Diamond Bar and on Zip Codes other Southern California cities. CLOSED SESSION: M/Werner recessed the meeting to Closed Session for the purpose of discussing litigation at 6:35 p.m. RECONVENE: M/Werner reconvened the meeting at 7:00 p.m. OLD BUSINESS: Solid Waste M/Werner announced that discussion on Solid Proposals Waste proposals would be continued to the Council reject all meeting of July 17, 1990. Ordinance 20A CA/Arczynski presented, for second reading by (1989) title only and adoption, Ordinance No. 20A Competitive Bids (1989) entitled: AN ORDINANCE OF THE CITY from Resident COUNCIL OF THE CITY OF DIAMOND BAR AMENDING Businesses and SECTIONS 23 AND 24 AND ADDING NEW SECTIONS Recyclable 24A AND 24B TO ORDINANCE NO. 20 (1989) Materials PERTAINING TO COMPETITIVE BIDS FROM RESIDENT BUSINESSES AND RECYCLABLE MATERIALS. item immediately. C/Papen moved, C/Kim seconded to adopt With the following Roll Ordinance No. 20A (1989). With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Bid Award CA/Arczynski advised that it was staff's Median recommendation that the Council reject all Construction bids and direct staff to re -bid the project Landscaping immediately and arrange for final award as & Traffic quickly as possible due to inconsistencies in Signal Modif. the bid documents. C/Kim moved, MPT/Forbing seconded to reject all bids and re -bid the item immediately. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner None None JUNE 26, 1990 PAGE 3 JOINT MEETING Chair/Ortiz called the Traffic and TRAFFIC AND Transportation Committee to order. TRANSPORTATION COMMITTEE Roll Call Chair/Ortiz, Com/Chavers, Gravdahl and Rebeiro. C/Eustaquio was absent. C/Kim advised that at 3:00 p.m. on Thursday, June 28, 1990 a meeting would be held with IACTC at which would be attended by MPT/Forbing, CM/Van Nort, Todd Chavers and himself. Com/Chavers gave a brief presentation on the Congestion Management Commission and that due to Prop 108 and 111, Cities must institute a traffic congestion program. CM/Van Nort advised that both he and Asst. CM/ Belanger had met with the AQMD to discuss Council's concerns over traffic congestion. He stated that the AQMD will be moving to Diamond Bar in October and will be providing certain modes of transportation to their employees that will be open to everyone. They will be using alternative fuels, including an electric bus that will be operative in 1991. Following further discussion by Council and the Commission, CM/Van Nort advised that a presen- tation would be made to Council on July 17 on the best methods to approach the problems referred to during this discussion. He further stated that at the Strategic Planning Workshop, the City Manager and the Asst. City Manager were directed to prepare an analysis of what other cities are doing to compensate for reimbursement of expenses to the various commissions. He stated that it is their hope to present it in August to be effective September 1, 1990. CM/Van Nort suggested that the Planning Commission and Traffic and Transportation Committee plan a joint meeting to discuss the Development Code. CM/Van Nort then introduced Mr. Terry Belanger, Asst. City Manager, who gave a report on the meeting held with the AQMD. With no other discussion, Chair/Ortiz adjourned the Commission portion of the meeting to July 5 at 4:00 p.m., whereupon that meeting will be adjourned due to lack of a quorum to July 12, 1990. JUNE 26, 1990 PAGE 4 ANNOUNCEMENTS: C/Papen announced that she had received a letter from Jones Intercable informing her of a rate increase. She referred it to staff to review of the franchise agreement for proper procedure notification. C/Kim asked about bus shelter construction and informed staff that part of the fence at the Diamond Bar Country Club had fallen, and requested staff to contact the Club for repair. He also wanted to find out if the "Ninja Turtle" dancing in the median on Diamond Bar Blvd and Grand Ave. is legal. CA/Arczynski advised that the City is waiting for the existing bus benches to be removed, which should be at the end of June. MPT/Forbing thanked the Traffic and Transportation Committee for all their hard work. M/Werner welcomed Asst. City Manager, Terry Belanger and also thanked the Traffic and Transportation Committee. ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting at 8:33 p.m. to 4:00 p.m. on July 3, 1990 at City Hall, whereupon the Clerk will adjourned that meeting for lack of quorum to July 10, 1990 at 6:00 p.m. ATTEST: Mayor Lynda Burgess, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2E LAW OFFICES OF WILLIAM D. SHAPIRO 290 NORTH D STREET, SUITE 604 VANIR TOWER, CITY HALL. PLAZA SAN BERNARDINO, CALIFORNIA 92401 (714)888-0102 Attorneys for Claimants (S IPQS=ulEi(py FILING STAMP ONLY) DIAMOND BAR CI -v CLERK `'....".`" 20 i ' 3 32 CLAIM FOR PERSONAL INJURIES (under Government Code Section 910) TO THE CITY OF DIAMOND BAR: YOU ARE HEREBY NOTIFIED that NATALIE M. LANZAS, (date of birth 5/17/85) a minor and her Guardian, MARIO LANZAS, whose address is 11621 Oakwood Drive, Fontana, California 92335 claims damages from the motor vehicle accident vs pedestrian in the amount computed as of the date of presentation of this claim in the sum of $500,000.00. This claim is based on the personal injury of Natalie M. Lanzas on or about December 28, 1989 in the City of Diamond Bar, County of Los Angeles under the following circumstances. On December 28, 1989 plaintiff Natalie M. Lanzas was a pedestrian using a crosswalk at the intersection of Grand Avenue and Diamond Bar in the City of Diamond Bar. Claimant was struck by a motor vehicle due to defendants, City of Diamond Bar's, failure to maintain this intersection in a safe manner to and including the timing of the signal lights. This intersection is dangerous and defective and is a 1 dangerous condition as defined in the government code, in that 2 it was improperly and negligently maintained. Said damages 3 and defective condition is further evidenced by the numerous 4 accidents that have occurred at the intersection before the 5 subject accident which gave this public entity notice of such 6 condition. 7 It is contended by claimant that this public entity had 8 actual and constructive notice of this condition and failed 9 to resolve the deficiencies which resulted in the injury of 10 plaintiff. 11 Defendant, City of Diamond Bar, negligently maintained 12 public roadway conditions for public safety and maintained 13 roadways in a dangerous and defective condition of public 14 property which episode was a direct and proximate result of 15 the negligence of the City of Diamond Bar, its agents and 16 employees. 17 TOTAL AMOUNT CLAIMED as of date of presentation of this 18 claim is $500,000.00. 19 All notices of other communications with regard to this 20 claim should be sent to claimants attorney, WILLIAM D. 21 1 SHAPIRO, 290 North "D" Street, Suite 604, San Bernardino, 22 California 92401. 23 Dated: June 19, 1990 WI IAM D. S P RO 24 Attorney fo Claimant 25 26 27 28 AGENDA NO. ------------------------------CITY OF DIAMOND BAR AGENDA REPORT ----------------------------------------------------------------- DATE: July 3, 1990 MEETING DATE: July 10, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Assistant City.Manager SUBJECT: Authorization of an additional Administrative Analyst Position BACKGROUND: There are two authorized Administrative Analyst positions in the FY91 budget. After evaluating the wide range of activities that the Administrative Analysts are expected to be involved with, it has been determined that an additional Ad- ministrative Analyst position is needed to adequately respond to the various tasks with which the Analysts are expected to be involved. The Administrative Analysts will be expected to provide staff support service in a variety of major functional areas. Among these areas would be: general ma- nagement, finance, personnel, transportation projects and programs, solid waste (AB939/1820 requirements), recreation programs, parks projects and programs, planning and zoning (General Plan), senior services (CDBG), and others. The Ad- ministrative Analysts will provide staff support in all of the areas mentioned, as well as, other areas of need as they arise. The backgrounds of the Administrative Analysts will be generalist in nature. However, each of the Analysts selected will have specific experience in one or more of the mentioned functional areas. As an example, one of the recently hired Administrative Analysts has specific experience in AB939/1820 legislative analysis and implementation programs. Another of the Analysts, has specific ex- perience in the area of recreation and parks, as well as, planning. The combi- nation of a generalist background, with experience in specific functional areas, FISCAL IMPACT: Amount Requested Budgeted Amount In Account Number Deficit: Revenue Source: Narrative continued on next page $35,750.00 001-4030-0010 General Fund (1/2) and 112-4030-0010 (1/2) (1/2) and Prop. A Local Return Funds (1/2) REVIEWED BY: Robert L. Van Nort Andrew V. Arczynski City Manager City Attorney AR300.FRM 3/90 1 Terrence L. Belan Assistant City Manager provides a high degree of flexibility in being able to respond to a wide range of issues, problems, and concerns. The three Administrative Analysts positions will enable the staff to respond to the requests of the City Council; and, the Planning Commission, Parks and Recreation Commission, Traffic/Transportation Committee, and the staff. RECOMMENDATION: It is recommended that the City Council authorize one (1) additional Administra- tive Analyst position, in the FY 1991 City budget; further, it is recommended that the City Council appropriate the monies necessary to fund the recommended Administrative Analyst position, in the amount of Thirty-five Thousand, Seven Hundred Fifty Dollars ($35,7.50.00; salary = $25,905; benefits = $9,845). 2 AGENDA NO.�_ ------------------------------- CITY OF DIAMOND BAR AGENDA REPORT DATE: July 3, 1990 MEETING DATE: July 10, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Assistant City Manager SUBJECT: SCAG Membership BACKGROUND: The Southern California Association of Governments (SCAG) is a voluntary agency whose purpose is to provide a forum for discussion, study and development of recommendations on regional problems of interest and concern, regarding the or- derly physical development of the SCAG region. A further purpose of the SCAG is to identify and encourage the establishment of units of local government within the region that can best discuss, study and solve regional problems. The City Council is considering membership in the SCAG. The Council, if it de- termines that membership is appropriate, must adopt a resolution authorizing the participation in a joint powers agreement. The FY91 membership dues are Three Thousand, Five Hundred Ninety-five Dollars ($3,595.00). The SCAG region includes the Counties of Los Angeles, Riverside, Orange, Ventura and San Bernardino. There are one hundred seventy-one (171) cities in the SCAG region, with one hundred thirty-eight (138) cities as SCAG members. The cities, in the SCAG region, which choose to be members do so because they: 1. Generally, agree with the purpose and functions of this regional agency; or, 2. They do not enthusiastically support the SCAG purpose/functions but believe it more prudent to protect their respective local interests from within, through active participation in the regional debate. Narrative continued on next page. FISCAL IMPACT: Amount Requested $ 3,595.00 Budgeted Amount $ In Account Number 001-4090-2314 Deficit: $ Revenue Source: General Fund REV ED BY: c Robert L. an Nort Andrew V. Arczynski Terrence L. Bela er City Manager City Attorney Assistant City M ager Those cities that have chosen not to participate in the SCAG do so because: 1. The SCAG advisory agency could too easily evolve into an authoritative regional government, 2. The SCAG purpose which could centralize the functions of planning, zon- ing, or development on a regional basis are blatant intrusions into local municipal control; and, 3. Local municipal governmental power could be effectively destroyed or gravely eroded. The majority of non-member cities that are not members of the SCAG fall into two categories. The first group of non-members are new cities that have incorporat- ed, within the past two years. These cities have not made a decision on member- ship. The second category is Orange County cities of which approximately one- half (1/2) have chosen not to belong to the SCAG. The listing of non-member cities is: NEW CITIES• Diamond Bar Temecula Laguna Niguel Mission Viejo Dana Point Apple Valley Hesperia Yucaipa Malibu ORANGE COUNTY: Anaheim Costa Mesa Fountain Valley Fullerton La Habra Los Alamitos Orange San Juan Capistrano Santa Ana Stanton Tustin Westminster It should be noted that the Orange County Cities have recently attempted to es- tablish a mini -COG (Council of Governments), as an alternative to the SCAG. It is the belief of the preponderance of Orange County cities that their mutual interests would be better served and preserved by an Orange County COG> It is the Orange County cities further belief that the SCAG does not reflect their interests and is, in fact, detrimental to their interests. Although the list is not definitive, other non-member cities (by choice) are: Ventura, E1 Monte, Walnut, La Habra Heights, Palos Verdes Estates, Irwindale, Beaumont and San Jacinto. All San Bernardino cities are members, with exception of the above-mentioned new cities. An advisory regional agency, such as the SCAG, , will predictably be perceived with scorn or suspicion, by many local municipal governments. An advisory re- gional agency could evolve into a government with the power to centralize plan- ning, zoning, and development policy and implementation. This possibility may be enough to justify not dignifying or validating such a regional agency. A local government's membership in the SCAG could be justified, regardless of a City's lack of belief in the regional agency's purpose or validity, by actively and vociferously advocating, protecting and preserving the interests of local municipal government, from within the organization. One salient point needs to 2 be stated. State of California Departments and Agencies use and rely on SCAG data and reports. To a limited extent, Federal Agencies use SCAG data and re- ports. Therefore, the more prudent approach, to SCAG membership, would be to influence and shape the formulation of policy and the compilation of data and reports through active and vigilant participation in this regional agency pro- cess. RECOMMENDATION: It is recommended that the City Council approve the membership of the City of Diamond Bar in the Southern California Association of Governments and that the Council take the following actions related to said membership: 1. Adopt a resolution that authorizes and directs the Mayor to execute the Southern California Association of Governments Joint Powers Agreement, on behalf of the City, 2. Appropriate funds in the amount of Three Thousand Five Hundred Ninety-five Dollars ($3,595.00) to the General Government, Membership and Dues Account, for Fiscal Year 1990-91 membership dues. 3. Appoint, by resolution, two members of the Council as the delegate (reaf- firm Councilman Kim's appointment) and alternate representatives to the Association. 3 AGENDA NO.__ ----------------------------------- CITY OF DIAMOND BAR AGENDA REPORT DATE: July 3, 1990 MEETING DATE: July 10, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Assistant City Manager SUBJECT: Los Angeles County Community Development Block Grant (CDBG) BACKGROUND: The City of Diamond Bar has been invited to participate in the Los Angeles Urban County Community Development Block Grant (CDBG) program. The Los Angeles Urban Community CDBG program is the mechanism for a non -entitle- ment city to participate and share in CDBG program and project funding. An en- titlement city is one that has been deemed, based upon census data, to have a population of 50,000 or greater as of a particular date. For instance, 1988 is the date currently used, by HUD, in determining entitlement status. The staff's most recent information is that the City of Diamond Bar has not been given en- titlement status. Therefore, unless and until such status is granted the City, the only way the City can participate in CDBG programs and projects is through the Los Angeles Urban County CDBG program. The urban county CDBG program is based upon three (3) year funding cycles. The funding cycle the City would be included in runs from July 1, 1991 through June 30, 1994. The City would receive its first urban county CDBG program alloca- tion, commencing July 1, 1991 (FY192). The CDBG program cooperation agreement must be filed with the Department of Housing and Urban Development (HUD), by September 4, 1990. Therefore, time is of the essence, in approving the coopera- tion agreement. The due date for the City's approval to the County is July 16, 1990. Narrative continued on next page. FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: REVIEWED BY: Robert L. Van Nort City Manager Andrew V. Arczynski City Attorney AR300.FRM 3/90 1 J J F Terrence L. Belanger Assistant City Manager The Urban County CDBG program requires that participants not drop out of the program during the agreed upon funding cycle; here, July 1, 1991 through June 30, 1994. Under the CDBG program requirements, each participating city retains control over its allocated CDBG funds. And, the City has the flexibility of using in-house staff and/or Community Development Commission staff, in pro- gram/project formulation and implementation. In order for the City to participate in the Los Angeles Urban County program CDBG program, the Council must adopt a resolution which authorizes participa- tion; and, directs that the Mayor execute the cooperation agreement, between the County of Los Angeles and the City of Diamond Bar. As has been indicated here- in, the agreement must be transmitted to the County Community Development Com- mission by July 16, 1990. If the Council chooses not to participate in the CDBG program, a letter of declination must be sent to the County by the same July 16, 1990 date. RECOMMENDATION: It is recommended that the City of Diamond Bar participate in the Los Angeles Urban County Community Development Block Grant (CDBG) program, for the three year funding cycle commencing July 1, 1991 and ending June 30, 1994. It is further recommended that the City Council adopt the resolution which auth- orizes participation in the Los Angeles Urban County program, and which, directs the Mayor to execute the CDBG program cooperation agreement, between Los Angeles County and the City of Diamond Bar. INTEROFFICE MEMORANDUM TO: The Honorable Mayor and Councilmembers FROM: Terrence L. Belanger, Assistant City Manager SUBJECT: Possible CDBG Community Projects DATE: July 6, 1990 BACKGROUND: The City Council will be considering, elsewhere on the July 10, 1990, agenda, the matter of participation in the upcoming three (3) year funding cycle, relative to the Los Angeles Urban County Community Development Block Grant (CDBG) program. This CDBG pro- gram funding does not commence, until July 1, 1991. However, the City has the opportunity to receive CDBG funds through Supervisor Schabarum's office, in FY 91. There is an amount of CDBG monies (estimated to be Three Hundred to Three Hun- dred Fifty Dollars -$300,000 to $350,000) that could become avail- able to Diamond Bar on the conditions that there are specific CDBG eligible activities for which the monies can be allocated and that City agrees to not trade the CDBG monies for other funds. Generally, CDBG program monies can be expended for programs that serve, at a minimum, a low/moderate income constituency of fifty- one percent (51%). Due to the socio-economic profile of Diamond Bar, the list of probable programs or projects is not extensive. Nevertheless, there are two (2) projects that, in all probability, will meet the fifty-one percent (51%) requirement. The staff is exploring the possibility of other projects. The projects herein described should not be considered an all-inclusive list. The first is a proposal to renovate the old Post Office building into a senior citizen center. The owner of the building is a de- veloper (condominium -style) who has offered to participate in a renovation project, for certain considerations, related to a resi- dential development proposal, (on the adjacent land). The City could use CDBG monies to purchase land and/or fund building reno- vations. This proposal is currently in the discussion stage. Nc plans or applications have been submitted. 1 The second project is one that would involve the YMCA. The pro- posal is to provide child care program and/or facilities funding. CDBG monies would be used to support program costs and/or provide additional building space or equipment. This proposal is also in the preliminary discussion stage. The City Council and the Parks & Recreation Commission will be discussing several issues of mutual interest, on July 10, 1990. It is suggested that these two (2) CDBG eligible projects be dis- cussed and direction provided, regarding the CDBG monies. If the City Council decides to request the currently available (FY91) CDBG funds ($300,000 to $350,000), it is very important Su- pervisor Shubarum's office be notified immediately by letter, to express our intent regarding the CDBG monies. Staff recommends that the City request the CDBG funds. 2 FILE COP"I COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PARTICIPATING CITY COOPERATION AGREEMENT THIS AGREEMENT is made and entered into this day of 1990, by and between the City of Diamond Bar , hereinafter referred to as "City", and the County of Los Angeles, hereinafter referred to as the "County". WITNESSETH THAT: WHEREAS, County and City desire to cooperate to undertake, or assist in undertaking, community development, community renewal of lower income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low to moderate incomes and other community or urban renewal activities authorized by the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "Act"; and WHEREAS, County Counsel has determined that the terms and provisions of this agreement are fully authorized under State and local law, and that this agreement provides fully legal authority for the County to undertake, or assist in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. NOW, THEREFORE, the parties agree as follows: 1. The City and the County agree to cooperate to undertake, or assist in undertaking, community development, community renewal of lower income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low to moderate incomes and other community or urban renewal activities authorized by the Act. 2. The City hereby authorizes the County to perform, or cause to be performed, those acs necessary to implement the community development and housing assistance activities, specifically urban renewal and publicly assisted housing, including but not limited to improvement or development of housing for persons of low to moderate income and other community or urban renewal activities authorized under the Act specified for the City in the County's annual Statements of Community Development Objectives which will be funded from annual Community Development Block Grants from Federal Fiscal Years 1991, 1992 and 1993 appropriations and from any program income generated from the expenditure of such funds. County shall have final responsibility for selecting projects and annually filing Final Statements of Community Development Objectives. 4. The City and County agree that Community Development Block Grant funding for any activities in or in support of any cooperating City, that does not affirmatively further fair housing within its own jurisdiction, or that impedes the County's action to comply with its fair housing certification is prohibited. 5. Pursuant to 24 CFR 570.501 (b), the City is subject to all requirements applicable to subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. 6. The City shall inform the County of any income generated by the expenditure of Community Development Block Grant (CDBG) funds received by the City. Any such program income may be retained by the City subject to the requirements of this agreement. Such program income may only be used for eligible activities in accordance with all CDBG requirements as may then apply. 7. The County shall be responsible for monitoring and reporting to HUD on the use of any program income; therefore, the City shall be required to maintain appropriate recordkeeping and reporting for this purpose. 8. In the event of close-out or changes in status of the City, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to the County. 9. All program income generated from the disposition or transfer of real property acquired or improved by the City, using CDBG funds or program income, during the term of this agreement, shall be treated as described in Sections 5 through 7 of this agreement. 10. Any real property which is acquired or improved by the City during the term of this agreement, in whole or in part, using CDBG funds or program income, shall be subject to the following standards: a. The County shall be notified by the City in writing of any modification or change in the use or disposition of such real property from that planned at the time of acquisition or improvement. Such notification shall be made prior to the modification or change in use or disposition. b. If such real property is ever sold or transferred for a use which does not qualify as an eligible use under CDBG regulations, the City shall reimburse to the County an amount equal to the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds. 11. The City shall make available for inspection and audit to County's representatives, upon request, at any time during the duration of this agreement and during a period of three (3) years, thereafter, all of its books and records relating to CDBG program income. 12. This agreement shall be effective for the period of time _ .. 1 11 ..--. r.. a _ l l r%r+ai-Pri to the e IN WITNESS WHEREOF, the governing bodies of the parties hereto have authorized this agreement and have caused the agreement to be executed by their respective chief executive officers and attested by the executive officer -clerks thereof as of the day, month and year first above written. CITY OF DIAMOND BAR By Mayor ATTEST: City Clerk T APPROVED AS TO FORM: City Attorney By COUNTY OF LOS ANGELES Chairman, Board of Supervisors ATTEST: LARRY J. MONTEILH, Executive Officer - Clerk of the Board of Supervisors By APPROVED AS TO FORM: DE WITT W. CLINTON County Counsel 1 By By Deputy AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT ---------------------------------------------------- DATE: July 6, 1990 MEETING DATE: July 10, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Lynda Burgess, City Clerk and Terry Belanger, Assistant City Manager BACKGROUND: During discussions with various computer consultants over the past year, all have recommended that the City consider installing a "network" so that staff members would have the ability to share data. At that time, it was felt that we were not yet in a position to encumber the expense involved and that the number of personal computers involved did not warrant such a sophisticated system. However, with the growth in staff authorized by the City Council for Fiscal Year 1990-91, five more computers are necessary, bringing the total number of persons needing systems to thirteen. Rather than purchasing separate computers and printers for each new staff member to be added, it was determined that the time is now appropriate for installation of a network environment which will eliminate the need for complete personal computers and printers at every desk. Two versions of local area networks are currently available --one which allows only up to .eight users on one system which would require the City to purchase two separate systems thus virtually dividing the staff "in half." The other, more expensive version allows up to 100 users should the City require that capability at some point in the future. Staff is looking into software to provide us the ability to perform some desktop publishing or graphics which could eliminate the need for some of the printing that is currently being done by professional printers. In addition, relational databases will be used in preparing indexes of City Council actions which could be accessed by all staff in conducting research. RECOMMENDED ACTION: Authorize staff to solicit proposals for the networked computer system described on Exhibit "A." It is estimated that costs will run between $25,000 and $30,000. VISCAL IMPACT: Amount Requested Budgeted Amount In Account Number: Deficit: Revenue Source: $ 25,000 - $30,000 VI WED B j -----��---------------------- - ---- -- --- bert L. Van Nort Andrew V. Arczynski Terrence L. e anger ty Manager City Attorney Assistant City anager NOTICE OF REQUEST TO SUBMIT PROPOSALS TO PROVIDE EQUIPMENT AND SUPPORT SERVICES The City of Diamond Bar, California, requests proposals to provide the following equipment and support services: Networked computer system; software; external floppy drives; all cabling and printers. Proposals with used or refurbished equipment will not be accepted. The City may award the contract for only a portion of the equipment and services identified in the request for proposal. To be considered for selection, a proposal must be submitted to the City Clerk's Office, 21660 E. Copley Drive, Suite 100, Diamond Bar, California 91765, at or before 11:00 a.m. on Monday, July 23, 1990. Copies of the City's Request for Proposals, the proposed contract, the specifications, and the standard proposal forms to be used by all Providers are available at the City Clerk's office. 1 REQUEST TO SUBMIT PROPOSALS TO PROVIDE EQUIPMENT: Networked Computer Hardware and Software AND SUPPORT SERVICES: Maintenance and Repair The City of Diamond Bar, ("CITY" hereinafter) seeks to acquire the equipment described in Exhibit 1 which is attached hereto and incorporated herein by this reference. Further, CITY seeks to acquire with that equipment certain support services which are described in Exhibit 2 which is attached hereto and incorporated herein by this reference. Proposals are requested, subject to the following: 1.0 PROCEDURE 1.1 DEFINITIONS A. The CONTRACT OFFICER for this proposal process is the CITY's City Clerk. B. The REQUEST FOR PROPOSALS documents are: 1. The Notice; 2. This REQUEST FOR PROPOSALS to be signed and dated by the Provider; 3. A blank PROPOSAL COVER SHEET to be completed, signed and dated by the Provider; 4. A blank Statement of Provider's Experience and Financial Condition to be completed, supplemented, signed, and dated by Provider; and 5. A blank proposed contract with attachments to be completed, signed, and dated by the Provider. C. A Provider's PROPOSAL shall be made up by the following documents: 1. A REQUEST FOR PROPOSALS signed and dated by an individual clearly authorized to bind the Provider; 2. A PROPOSAL COVER SHEET prepared on the CITY's form that is signed and dated by an individual clearly authorized to bind the Provider; 3. A Statement of Experience and Financial Condition with supporting documents on the CITY's form, signed and dated by an individual clearly authorized to bind the Provider; K, 4. A proposed contract with attachments prepared on the CITY's form, signed and dated by an individual clearly authorized to bind the Provider; and 1.2 INTERPRETATION OR CORRECTION PRIOR TO PROPOSAL OPENING A. Prior to the opening of proposals, a person may submit, in writing, to the CONTRACT OFFICER, a request for interpretation or correction of the REQUEST FOR PROPOSALS documents. B. Any interpretation or correction rendered by the CONTRACT OFFICER of the REQUEST FOR PROPOSALS documents shall be made immediately available to all other persons who obtained REQUEST FOR PROPOSALS documents from the CITY. 1.3 TIME AND PLACE TO OPEN PROPOSALS A. To be considered, a PROPOSAL must be received at the office of the City Clerk prior to the hour of 11:00 a.m. on July 23, 1990; at which time the proposals will be opened. B. Any PROPOSAL received by the City Clerk after the time specified herein shall be returned unopened to the Provider. C. The Provider shall be bound to the terms of the PROPOSAL for a period of sixty (60) days following the opening of the PROPOSAL. 1.4 OPENING AND PRELIMINARY REVIEW OF PROPOSALS A. Upon the opening of the proposals, all proposals shall be reviewed by the CONTRACT OFFICER to determine the accuracy of any totals in the PROPOSAL. A Provider's error in adding up numerical items contained in the PROPOSAL shall not constitute a material error. Rather, the CITY will rely upon the amount assigned to each item of the PROPOSAL. B. Proposals will be reviewed for completeness and responsiveness. 1.5 REJECTION OF PROPOSALS A. The CITY may reject all proposals and either initiate a new Request for Proposals or abandon the acquisition of the equipment and support services. B. A reasonable belief by the CITY that an individual, firm, partnership, corporation, or association is financially interested in more than one proposal may cause the rejection of all proposals in which such financial interest exists. 3 C. A materially incomplete or non-responsive PROPOSAL shall be :rejected. 1.6 RESPONSIBILITY OF PROVIDER A. Each Provider shall submit, as part of the PROPOSAL, a "Statement of Experience and Financial Condition" in accordance with the guidance and format provided by the CONTRACT OFFICER. B. The Provider must present positive evidence in the PROPOSAL that the Provider has a demonstrated trustworthiness and is capable of performing the proposed contract in a manner that is satisfactory to the CITY. The Provider should have a demonstrated ability to deal fairly and effectively with a public agency and a record of satisfying public agencies. The PROPOSAL should present the Provider's financial resources, surety and insurance experience, equipment experience, completion ability, personnel, current workload, experience in dealing with private owners and experience in dealing with public agencies. C. By submitting a PROPOSAL to the CITY, Provider agrees that the CITY is authorized to conduct investigations into the Provider's background. 1.7 ERROR IN PROPOSAL A. If, prior to the opening of proposals, a Provider discovers an error in the Provider's PROPOSAL, the Provider may submit a replacement PROPOSAL prior to the time and date set as the deadline for submitting proposals. The replacement PROPOSAL shall clearly indicate that it supersedes the prior PROPOSAL. B. Once the proposals have been opened, an erroneous PROPOSAL may not be reformed or modified by the Provider; but the Provider may request that the CITY release the Provider due to an error in the PROPOSAL. The CITY may release the Provider so long as the integrity of the proposal process is not jeopardized, the error was a result of excusable neglect, and the Provider is not advantaged. If the CITY releases the Provider, the PROPOSAL will be deemed to have been rejected and the Provider shall be prohibited from performing all or any portion of the proposed contract. C. If the Provider submits an erroneous PROPOSAL and is not released by the CITY, and thereafter refuses to proceed with the contract awarded to the Provider, then the Provider's PROPOSAL security shall be forfeited. The CITY may award the contract to another Provider. 1.8 AWARD OF CONTRACT 4 A. The CITY is not required to select the lowest monetary proposal. B. If the contract is awarded, the contract shall be awarded to the Provider who proposes to provide the equipment and support services to the best advantage to the CITY. C. The CITY may award the contract for only a portion of the equipment and services identified in the request for proposal. D. After the award of the contract, the successful Provider has 20 days to accomplish the following: 1. Deliver and install the equipment and software as specified in Exhibit 1. 2. Provide the support services as specified in Exhibit 2. E. If the first -selected Provider fails to accomplish the precontract requirements specified above, then a second -selected Provider may be awarded the contract and be given 20 days thereafter to accomplish the requirements set forth above. F. Upon the selected Provider's satisfactory completion of the above requirements, the CITY will execute the contract with the selected Provider. 2.0 REQUIREMENTS 2.1 PROVIDER'S DUTY TO OBTAIN INFORMATION A. The Provider shall carefully study the REQUEST FOR PROPOSALS documents and shall at once report to the CONTRACT OFFICER any errors, inconsistencies, or omissions discovered. B. The Provider shall take field measurements and verify field conditions and shall carefully compare the field measurements and conditions and other information known to the Provider with the REQUEST FOR PROPOSALS documents before submitting the PROPOSAL. Errors, inconsistencies and omissions discovered by the Provider shall be reported at once to the CONTRACT OFFICER. 2.2 CHANGES IN PROPOSED CONTRACT Except as expressly authorized, no changes to the proposed contract shall be offered by the Provider. 2.3 EQUIPMENT AND SERVICES TO BE PROVIDED (ATTACHMENT A) 5 The Provider shall set forth in Attachment A to the proposed contract the equipment which the Provider intends to provide. Also, the Provider shall set forth in Attachment A the support services that the Provider intends to provide. 2.4 PAYMENT FOR EQUIPMENT AND SERVICES (ATTACHMENT B) The Provider shall set forth in Attachment B to the proposed contract the price, by proposal item, for which the Provider proposes to provide the equipment and the support services. 2.5 LISTING OF SUBCONTRACTORS (ATTACHMENT C) The Provider shall set forth in Attachment C of the proposed contract: A. The name and business address of each subcontractor who will perform work or labor or render equipment to the Provider in performing the proposed contract. B. The specific portion of the work which will be done by each listed subcontractor. 2.6 EQUAL BRANDS/TRADE NAMES (ATTACHMENT D) The CITY's description.of the requested equipment designates specific brands or trade names. If the Provider proposes to provide an "equal" item, the item should be indicated in Attachment D of the proposed contract. SIGNATURE OF PROVIDER This document is signed by an individual clearly authorized to bind the Provider. The Provider agrees to be bound by the provisions of this REQUEST FOR PROPOSALS. PROVIDER: ADDRESS: PHONE: by SIGN DATE TITLE 0 EXHIBIT 1 TO REQUEST TO SUBMIT PROPOSALS TO PROVIDE EQUIPMENT AND SUPPORT SERVICES The CITY desires to acquire the following described equipment: 1 80386-25 Mhz Computer System (0 -Wait State). 64K CACHE RAM (Exp. 256K); 4096K RAM (80 Nanoseconds); expandable to 16MB RAM; 1.2 5.25" Floppy Drive; 320 MB ESDI Hard Drive (17ms); 16 -Bit ESDI Hard Drive (17ms); 16 -Bit ESDI Controller Card; Multi I/O (2 Parallel/2 Serials); Monochrome Video Card; 12" Monochrome Monitor (Tilt & Swivel); desktop case with 220W power supply; enhanced 101 keyboard 1 Novell NE -2000 Ethernet Card (or equivalent) 16 -Bit Ethernet Card 5 80286-12Mhz Computer System (0 -Wait State). 1024K RAM (100 Nanoseconds); expandable to 4096K RAM; 1.2 5.25" Floppy Drive; Multi I/O (1 Parallel/2 Serials); 16 -Bit VGA Card (256K RAM); 14" VGA Monitor with Tilt and Swivel); desktop case with 20OW power supply; enhanced 101 keyboard 5 Novell NE -1000 Ethernet Card (or equivalent) 8 -Bit Ethernet 3 Hewlett Packard Laser Jet III printers (or equivalent) 1 500VA Uninterruptible Power Supply 1 Novell Advanced Netware including Asynchronous Remote Bridge Software. Supports Internetworking (more than 2 servers. Supports 100 Concurrent Connections. 1 Lotus 1-2-3- v3.0 (LAN Version) 1 Word Perfect v5.1 (LAN Version) 1 FOX Base Pro Database (LAN Version) 1 Microsoft Windows v3.0 (LAN Version) All necessary cabling (must conform to current NEC -- check with City of Diamond Bar, Department of Building & Safety) Vi EXHIBIT 2 TO REQUEST TO SUBMIT PROPOSALS TO PROVIDE EQUIPMENT AND SUPPORT SERVICES The CITY desires to acquire the following support services: - Provide installation of operating system and application software. - Provide delivery and assemble computer hardware. - One year maintenance contract on all hardware following expiration of manufacturer's warranty. 11 PROPOSAL COVER SHEET PROVIDER'S PROPOSAL TO PROVIDE EQUIPMENT AND SUPPORT SERVICES In compliance with the REQUEST FOR PROPOSALS, the undersigned hereby agrees to furnish all labor, materials, and equipment to perform the proposed contract which is enclosed herewith; and to do so in strict accordance with the provisions of the proposed contract. ENCLOSURES 1. A Request for Proposals, dated and signed by the Provider; 2. A Statement of Experience and Financial Condition on CITY's form, dated and signed by the Provider with supporting documents; 3. The proposed contract with attachments prepared on CITY's form, dated and signed by the Provider; and SIGNATURE OF PROVIDER This document is signed by an individual clearly authorized to bind the Provider. PROVIDER: ADDRESS• PHONE: BY SIGN DATE TITLE 9 STATEMENT OF EXPERIENCE AND FINANCIAL CONDITION In submitting this PROPOSAL, the Provider represents that Provider has a demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the proposed contract in a manner that is satisfactory to the CITY. The Provider represents that Provider's financial resources, surety and insurance experience, equipment experience, completion ability, personnel, current workload, experience in dealing with private owners, and experience in dealing with public agencies all suggest that the Provider is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. In support of these representations, Provider presents herewith letter of commendation/recommendation; reports; titles of lawsuits involving Provider during the preceding ten years; personnel strength reports, current and anticipated projects that Provider will be expending effort upon in the State of California during the performance of the proposed contract; a list of all public contracts performed by Provider during the preceding five years that identifies the governmental agencies involved; and such other documents that the Provider deems necessary to support Provider's PROPOSAL. The supporting documents are enclosed herewith. SIGNATURE OF PROVIDER This document is signed by an individual clearly authorized to bind the Provider. PROVIDER: ADDRESS: PHONE: by SIGN DATE TITLE 10 AGREEMENT TO PROVIDE EQUIPMENT AND SUPPORT SERVICES THIS AGREEMENT is made and entered execution by the City of Diamond Bar, a hereinafter referred to as "CITY", and hereinafter referred to as "PROVIDER". RECITALS into as of the date of municipal corporation, The CITY requires outside assistance to provide the following equipment: Networked computer system; software; external floppy drives; all cabling and printers. PROVIDER represents itself as possessing the necessary skills and qualifications to provide the equipment required by the CITY; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the CITY and PROVIDER agree as follows: 1.0 TERM OF AGREEMENT 1.1 This AGREEMENT shall be effective on and from the day, month and year of the execution of this document by the CITY. 1.2 PROVIDER shall commence the delivery of the equipment on and the equipment shall be fully delivered and installed by , and instruction and support services shall continue for approximately one year or until the AGREEMENT is terminated. 2.0 PROVIDERIS OBLIGATION 2.1 PROVIDER shall provide the CITY with the specific equipment and support services that are described in Attachment A which is attached hereto, and incorporated herein by this reference, as though fully set forth at length, collectively hereinafter referred to as "DESCRIBED EQUIPMENT/SUPPORT SERVICES." 2.2 PROVIDER shall perform all work required to provide the DESCRIBED EQUIPMENT/SUPPORT SERVICES in conformity with applicable requirements of law: Federal, State and local. 2.3 PROVIDER shall maintain professional certifica- tions as required in order to properly comply with all the CITY, State and Federal laws. 11 3.0 PAYMENT FOR EQUIPMENT AND SERVICES (ATTACHMENT B) Payment to PROVIDER to deliver the DESCRIBED EQUIPMENT/ SUPPORT SERVICES hereunder shall be as set forth in Attachment B which is attached hereto and incorporated herein as though fully set forth at length. 4.0 SUBCONTRACTING (ATTACHMENT C) 4.1 If PROVIDER subcontracts for any of the equipment or support services that are to be provided under this AGREEMENT, PROVIDER shall be as fully responsible to the CITY for the acts and omissions of PROVIDER's subcontractors and for the persons either directly or indirectly employed by the subcontractors, as PROVIDER is for the acts and omissions of persons directly employed by PROVIDER. Nothing contained in the AGREEMENT shall create any contractual relationship between any subcontractor of PROVIDER and the CITY. PROVIDER shall bind every subcontractor to the terms of the AGREEMENT applicable to PROVIDER's work unless specifically noted to the contrary in the subcontract in question and approved in writing by the CITY. 4.2 The name and location of the place of business of each subcontractor who will perform work or labor or provide equipment to the PROVIDER in performing this AGREEMENT are con- tained in Attachment "C" which is attached hereto and incorpor- ated herein as though fully set forth at length. 5.0 EQUIVALENT ITEMS (ATTACHMENT D) The CITY's description of equipment designates specific brands or trade names. PROVIDER proposes an "equal" item indicated in Attachment "D" which is attached hereto and incorporated herein as though fully set forth at length. 6.0 EXTRA WORK PROVIDER shall not provide equipment or perform support services in excess of the DESCRIBED EQUIPMENT/SUPPORT SERVICES without the prior, written approval of the CITY. All requests for extra work shall be by written Change Order submitted to the CITY prior to the delivery of such equipment or the commencement of such work. 7.0 VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during or after the execution of this AGREEMENT, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle PROVIDER to any additional payment whatsoever. 12 8.0 TERMINATION OF AGREEMENT 8.1 In the event of PROVIDER's failure to prosecute, deliver, or perform the DESCRIBED EQUIPMENT/SUPPORT SERVICES, the CITY may terminate this AGREEMENT by notifying PROVIDER by certified mail of said termination. The City Manager of the CITY shall determine any final payment due to PROVIDER. 8.2 This AGREEMENT may be terminated by either party, without cause, upon the giving of thirty (30) days written notice to the other party. The City Manager of the CITY shall make a determination of the percentage of work which PROVIDER has performed which is usable and of worth to the CITY. Based upon that finding, the City shall determine any final payment due to PROVIDER. 9.0 COVENANTS AGAINST CONTINGENT FEES PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working for PROVIDER, to solicit or secure this agreement, and that PROVIDER has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this AGREEMENT. For breach or violation of this warranty, the CITY shall have the right to terminate this AGREEMENT without liability, or, at the CITY's discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 10.0 STATUS OF PROVIDER PROVIDER shall provide and perform the described EQUIPMENT/SUPPORT SERVICES REQUIRED herein as an independent contractor and in pursuit of PROVIDER's independent calling, and not as an employee of the CITY. 11.0 HOLD HARMLESS PROVIDER agrees to defend, indemnify, and save free and hold harmless the CITY and the CITY's agents, officers, and employees from and against all claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, and from personal injury or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any acts or omissions of PROVIDER or PROVIDER's agents, employees, subcontractors or representatives. PROVIDER's obligation herein includes, but is not limited to, alleged defects in the work of PROVIDER; but does not extend to liabilities or claims that are alleged to arise out of the CITY's sole act of negligence or deliberate wrongdoing. 13 12.0 ASSIGNMENT OF CONTRACT PROVIDER is without right to and shall not assign this AGREEMENT or any part thereof or any monies due hereunder without the prior written consent of the CITY which shall not be unreasonably withheld. 13.0 INSURANCE 13.1 PROVIDER shall obtain, and during the term of this AGREEMENT shall maintain, policies of liability, automobile liability, public liability, general liability and property damage insurance from an insurance company authorized to be in business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000) for each occurrence or aggregate. The insurance policies shall provide that the policies shall remain in full force during the life of this AGREEMENT and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the CITY from the insurance company. 13.2 The CITY shall be named as an additional insured on these policies. 13.3 Before PROVIDER shall employ any person or persons in the performance of the AGREEMENT, PROVIDER shall procure a policy of Workers' Compensation Insurance as required by the Labor Code of the State of California. 13.4 PROVIDER shall furnish certificates of said insurance to the CITY prior to commencement of work under this AGREEMENT. 14.0 DISPUTES 14.1 If a dispute should arise regarding the performance of this AGREEMENT, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the AGREEMENT, shall be reduced to writing by the complaining party. A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter. 14.2 If the dispute is not resolved, the aggrieved party shall send to the CITY's Manager a letter outlining the dispute for Manager's resolution. 14 14.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law. 15.0 NOTICES 15.1 Any notices to be given under this AGREEMENT, or otherwise, shall be served by certified mail. 15.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of the CITY and the proper person to receive any notice on the CITY's behalf is: CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 15.3 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of PROVIDER and the proper person to receive any notice on the PROVIDER's behalf is: 16.0 ATTORNEYS' FEES In the event that one party incurs expenses, including attorneys' fees and costs, in enforcing the provisions of this AGREEMENT, such party shall be entitled to recover from the other party reimbursement for those costs including a reasonable attorney's fees. 17.0 PROVIDER'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 PROVIDER certifies that PROVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC, §§ 1101-1525) and has complied and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Agreement. 15 PROVIDER by (Signature) Date (Title) 16 CITY City of Diamond Bar by Robert L. Van Nort City Manager Date ATTACHMENT "All DESCRIBED EQUIPMENT/SUPPORT SERVICES EQUIPMENT: SUPPORT SERVICES: ATTACHMENT "B" (Payment For Equipment/Suppo t Services) The CITY shall pay PROVIDER for as follows: TOTAL SYSTEM COSTS 1. EQUIPMENT Hardware Purchase Cost $ Software Cost $ 2. FREIGHT AND INSTALLATION COSTS $ 3. SUBTOTAL PURCHASE AND DELIVERY $ 4. SUPPORT SERVICES COSTS Equipment Maintenance Costs $ Software Maintenance Costs $ Other Ongoing Costs $ 5. SUBTOTAL $ Tax $ TOTAL EQUIPMENT COST i NOTE: THE CITY MAY AWARD THE CONTRACT FOR ONLY A PORTION OF THE EQUIPMENT AND SERVICES IDENTIFIED IN THE REQUEST FOR PROPOSAL -31 ATTACHMENT "B" (Payment For Equipment/Support Services) EQUIPMENT MAINTENANCE COSTS •TOTAL ANNUAL EQUIPMENT MAINTENANCE COST FOR ONE YEAR $ NOTE: COST FOR EACH COMPONENT MUST INCLUDE ALL REQUIRED FEATURES NOTE: THE CITY MAY AWARD THE CONTRACT FOR ONLY A PORTION OF THE EQUIPMENT AND SERVICES IDENTIFIED IN THE REQUEST FOR PROPOSAL ATTACHMENT "Bit (Payment For Equipment/Support Services) SOFTWARE LICENSE COSTS TOTAL SOFTWARE LICENSE COST $ NOTE: COST FOR EACH COMPONENT MUST INCLUDE ALL REQUIRED FEATURES NOTE: THE CITY MAY AWARD THE CONTRACT FOR ONLY A PORTION OF THE EQUIPMENT AND SERVICES IDENTIFIED IN THE REQUEST FOR PROPOSAL ATTACHMENT "B" (Payment For Equipment/Support Services) EQUIPMENT PURCHASE COSTS TOTAL EQUIPMENT PURCHASE COST $ NOTE: COST FOR EACH COMPONENT MUST INCLUDE ALL REQUIRED FEATURES NOTE: THE CITY MAY AWARD THE CONTRACT FOR ONLY A PORTION OF THE EQUIPMENT AND SERVICES IDENTIFIED IN THE REQUEST FOR PROPOSAL ATTACHMENT "B" (Payment For Equipment/Support Services) SOFTWARE MAINTENANCE COSTS TOTAL ANNUAL SOFTWARE MAINTENANCE COST FOR ONE YEAR $ NOTE: COST FOR EACH COMPONENT MUST INCLUDE ALL REQUIRED FEATURES NOTE: THE CITY MAY AWARD THE CONTRACT FOR ONLY A PORTION OF THE EQUIPMENT AND SERVICES IDENTIFIED IN THE REQUEST FOR PROPOSAL ATTACHMENT "B" (Payment For Equipment/Support Services) FREIGHT AND INSTALLATION COSTS TOTAL FREIGHT COSTS TOTAL INSTALLATION COSTS $ TOTAL FREIGHT AND INSTALLATION COSTS $ NOTE: COST FOR EACH COMPONENT MUST INCLUDE ALL REQUIRED FEATURES NOTE: THE CITY MAY AWARD THE CONTRACT FOR ONLY A PORTION OF THE EQUIPMENT AND SERVICES IDENTIFIED IN THE REQUEST FOR PROPOSAL ATTACHMENT "Cu (Subcontractors) Name Business Address Relationship ATTACHMENT I'D" (Equal Items) Specified Brand/Trade Name Proposed Equal INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Ivan Nyal, Chairman, Parks and Recreation Commission VIA: Robert L. Van Nort, City Manager SUBJECT: Parks/Recreation Commission Roles) and Responsibilities DATE: July 3, 1990 This is the Parks and Recreation Commissions first opportunity to meet formally with the City Council, since the November 7, 1989 meeting when the Commission was seated. The Commission has been very busy over these past several months, resolving, or attempting to do so, the problems and concerns that the Council asked the Commission to handle, with it's initial charge. We are pleased to report that many of those issues have been addressed and resolved, by the Commission. we are continuing to work on solutions for the other items on the initial list, plus many that have evolved during the past months. The Parks and Recreation Commission is extremely interested in serving the Council and the Community. We shall continue in our attempts to find effective and cost conscious solutions to the City's parks and recreational needs. And, we shall assist the Council in its forward look into the future of parks and recre- ation, by advising the Council on parks and recreation policies. The Commission looks forward to the joint meeting, with the Coun- cil, with great anticipation. we are transmitting a list of top- ics that we would like to discuss, with the Council. Your direc- tion and guidance on the issues are needed. We stand ready to respond to your direction and guidance, in any way we can. Sind ly, Ivan Nyal, Chairman Parks and Recreation Commission IN:vw CITY OF DIAMOND BAR PARR AND RECREATION COMMISSION DISCUSSION AGENDA I. DISCUSSION ISSUES 1. Open Space/Conservation Element 2. Parks Master Plan A. Athletic Facilities B. Community Center C. Senior Center D. Pantera Park E. Heritage Park F. Racquetball Facility G. Facilities Evaluation H. Support Groups and Sports Organizations 3. Funding Sources 4. JPAs A. Walnut Valley Unified School District 1) Maintenance 2) Facilities Usage 3) Recreation B. Facilities Improvement (D.B. Little League) C. Sports Complex (Lanterman Site) 5. Development Review 6. Staffing 7. Other Items of Mutual Concern Racuetball Facilty In October of 1989, Mr. Van Nort recommended that the City Council take no action on a report from Staff before it, regarding the pro's and con's of authorizing a "Pay for Play" racquetball facility on City property. On November 35, 1989, Mr. Chris Lancaster, representing a development corporation of Kartcher and Chollet, Inc., presented a history of public racquetball facilities. The presentation included site proposals and a committment on the part of the developers to leave room space available at no cost to the City, for use as the City sees fit. After some discussion, Staff was requested to contact Deputy Luter (L.A. County Sheriff) to discuss possible vandalism / crime associated with such projects. It was then decided to continue the matter at the next meeting on December 14, 1989. At the next meeting, Deputy Luter reported on possible law enforcement problems at the proposed project. The deputy reported that crime could range from minor graffiti to possible coin box theft. Com./ Ruzicka and V.C./ Nardella ask about security and Deputy Luter advised that foot patrols could be made to secure the area. Comm./ Stitt expressed concern over residents that would be subject to evening traffic noise as well as the amount of cars parking in the lot and if we would have to install lighting for evening participants. Chair./ Nyal requested a survey of residents be made by the company and by the Staff to determine interest or concern for the project in the area. By January the proposed project was dead , in part due to the fact that no representative of the project returned before the Commission. Mr. Chris Lancaster is no longer with the firm he was representing. This was a new project for that company and the pursuit of it may have left with Mr. Lancaster. The City has not been contacted regarding the proposal since late last year. Sender : Garry Stitt Sent Subject Parks Facilities PARK FACILITIES On December 14, 1989, Chair./ Nyal requested Commission members survey each park to determine needs. At the meeting of January 11th, the Commission reviewed a survey and some of the finding were: A. Most Parks do not have a telephone for use in emergencies. B. There was evidence of vandalism in nearly every Park. C. Most restrooms had missing fixtures, electric lights, etc. Heritage and Sycamore Parks needed BBQ repairs/replacements of grills. During this time, residents came forward and expressed concerns regarding the Parks in their neighborhoods: A. A request for a fence was made at the Maple Hill Park. B. A request for the development of a wild life perserve was made. C. Several groups suggested a memorial site at a Park(s). D. Residents of the Heritage Park area pleaded for the resumptions of the the "Tiny -Tots" program which had served the neighborhood earlier. E. Several parents of children living near Peterson Park ask about progress on playground equipment, sun shelters and picnic facilities at there Park and how soon they might expect them available. During the sring and now summer, improvements were made whenever possible: A Shortly after the survey was submitted, the missing restroom fixtures were replaced and electric lights were replaced / fixed. B. BBQ's at Heritage and Sycamore Parks were replaced or repaired. C. The P & R Comm. is currently working on instalation of a donated, phone which will serve as a test for the balance of the Parks. D. Vandalism continues and every effort is made to reduce the threat and repair damaged property as soon as it is possible. Requests made by the residents have been considered and action taken: A. The request for a fence around. Maple Hill Park has been budgeted for 1990. B. The resumption of the "Tiny -Tots" program at Heritage Park began in March. C. Peterson Park improvements have been budgeted, with contract, plans and specifications being prepared, with anticipated presentation to Council for bid authorization at the first meeting in August. A facility inventory has been completed showing each Park by location and facilities / activities available. This formwill be updated as needed. (I.E. Peterson Park). Sender Garry Stitt Sent = Subject Heitage Park Heritage Park On January 11th, City Manager Van Nort announced that the City Received $40,000.00 from a state grant for improvements to the park. By the 30th, Mr. Van Nort had committed another $35,000.00 from City money into the the project. In February Mr. Charles Janiel requested the Parks Commission appoint a sub -committee to address improvements to Heritage Park . On February 8th, Comm./ Whelan and Comm./ Stitt were appointed by the Commission to form that sub -committee. As of this date, the City's engineering firm is acting as consultant on this project. Staff has met with RKA, to discuss improvements . RKA has met with several contractors to discuss various options. Currently the engineering office is seeking architectual services to prepare plans and specifications for construction. Areas identified for improvement are: 1. Termite fumigation / repairs. 2. A new roof. 3. Suspended cieling / new lighting fixtures. 4. Remove interior wall to increase room size. 5. Install panic bars / Exit signs as required by fire codes. 6. Install a rear exit for safety. 7. Carpet installation. 8. Replace bathroom fixtures. 9. Various adjustments to plumbing, electrical and cabinetry work. At the last Rec. advisory board meeting it was mentioned that we may want to hold off construction untill next summer , in order to allow the "Tiny -Tots" run a full year in order to have a better evaluation of the structures needs. INTEROFFICE MEMO TO: Honorable Mayor and City Council via Parks & Recreation Commission FROM: Robert L. Van Nort, City Manager SUBJECT: Joint Power Agreement between Walnut Unified School Dis- trict, City of Walnut, and City of Diamond Bar DATE: July 3, 1990 The City of Walnut has been notified by the Superintendent that the school district is intending to terminate the recreation Joint Powers Agreement (JPA), effective July, 1991. The City of Walnut, much like the City of Diamond Bar, has been reviewing the present Recreation Program to determine what is needed to meet our community needs, on July 1, 1991. A cut off date has been set for December 31, 1990 to have the analysis com- plete and reviewed. It may be that a JPA between our respective two cities is the lo- gical answer. However, this office still stands supportive of the present arrangement as it relates and respects all program facili- ties, with our respective political boundaries. The City of Walnut is presently developing a proposal to analyze its recreational needs; and, is asking whether the City of Diamond Bar would be interested in participating in the proposal process. It is requested that the Parks and Recreation Commission in con- junction with the City of Walnut and the Walnut School District, review and analyze the present and future recreation program needs of the City of Diamond Bar. If it is the Commission's recommenda- tion that a joint request for proposal is the best approach, please inform the Council of your determination. In the interim, the proposed Administrative Analyst job is to pro- vide support and information pertaining to this issue and other recreation matters, for use by the Parks and Recreation Commiss- ion Robert L. Van Nort City Manager RLVN:vlw P.O. Box 682, Walnut CA 91788-0682 21201 LA PUENTE ROAD WALNUT, CALIFORNIA 91789 Telephone (714) 595-7543 FAX (714) 595-6095 tjI A'k,-,,0i"D B A I R CITY OF WALNUT June 26, 1990 Bob Van Nort City of Diamond Bar 21660 East Copley Drive Diamond Bar, CA 91765 Dear Bob: "BERT" ASHLEY Mayor RAY T. WATSON Mayor Pro Tem WILLIAM T. CHOCTAW, M.D. DREXEL L. SMITH H. THOMAS SYKES Council Members The City of Walnut currently participates in a Joint Powers Agreement with the Walnut Valley Unified School District, for the District to provide the community recreation program. Dr. David Brown, Superintendent, has notified the City that it is the School District's intent to terminate the Recreation JPA on July 1, 1991. The City of Walnut is seeking an alternative service provider for the recreation program, effective July 1, 1991. It has been suggested that the establishment of a Joint Powers Authority between the City of Diamond Bar and the City of Walnut may be feasible. My staff is forwarding information to Charlie Janiel pertaining to the existing recreation program, with copies of brochures, budgets, attendance data, etc. In addition, we are preparing a Request for Proposal, which will be forwarded to you. It is anticipated that the RFP will be mailed the first of July and will be due the end of July, with a staff recommendation forwarded to the Walnut Parks and Recreation Commission in August and to the City Council in September. Final action should be taken by January 1, 1991. I look forward to working with you and your staff in evaluating a potential joint program. Please contact Assistant to City Manager Tony Ramos at (714) 595-7543, if you have any questions regarding this matter. Sincerely, Linda Holmes City Manager LH:jw cc: Tony Ramos, Assistant to City Manager Tom Hatch, Administrative Assistant PROVIDER: ADDRESS: PHONE: by SIGN DATE TITLE PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, PROCLAIMING THE MONTH OF JULY, 1990 AS "STORE EMERGENCY FOOD" MONTH IN CONJUNCTION WITH THE YEAR-LONG EARTHQUAKE SURVIVAL PROGRAM IN SOUTHERN CALIFORNIA WHEREAS, the County of Los Angeles adopted and implemented the Earthquake Survival Program which encourages residents to take a different precaution each month; and, WHEREAS, the loss of life and property can be greatly reduced if appropriate preparedness measures are taken before a damaging earthquake; and, WHEREAS, the month of July has been designated as the month to store emergency food in conjunction with the Earthquake Survival Program; and WHEREAS, all residents of Southern California are encouraged to take emergency preparedness precautions to make themselves more self-sufficient in the event of a catastrophic incident, such as a major earthquake; and, WHEREAS, the year-long educational campaign, known as the Earthquake Survival Program is a convenient method for residents to better prepare themselve's and also to enhance their awareness of the ever-present threat of earthquakes; and, NOW, THEREFORE BE IT PROCLAIMED by the City Council of the City of Diamond Bar that the month of July, 1990 is STORE EMERGENCY FOOD month in Los Angeles County and the Council encourages all residents to prepare themselves by having available at their residence at least a three-day supply of food set aside for each family member. Further, it is recommended that residents take similar steps at their place of business. Mayor ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar