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02/18/1992
CITY COUNCIL AGENDA Mayor — Jay C. l(im Mayor Pro Tem — Phyllis E. Papen Councilman — John A. Forbing Councilman — Gary H. Werner Councilman — Gary G. Miller City Council Chambers are located at: South Coast Air Quality Management District Board Room 21865 East Copley Drim Please refrain from smo in , eating or drinking in the Council Chambers MEETING DATE: February 18, 1992 Robert L. Van Nort City Manager Andrew V. Arczynski City Attorney MEETING TIME: closed Session - 5:00 p.m. Lynda Burgess Regular Session - 6:00 p.m. City Clerk Copies of staff reports or other written documentation > relating to each item referred to on this agenda are on file in the Office of the city Clerk and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (714) 860-2489 during business hours. The City of Diamond Bar uses RECYCLED paper and encourages you to do the same. THIS MEETING IS BEING TAPED BY JONES INTERCABLE FOR AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TAPED. ALL COUNCIL MEETING TAPES WILL BE BLACKED IMMEDIATELY AFTER AIRING AND WILL BE UNAVAILABLE FOR REPRODUCTION. 1, 5:00 P.M. - CLOSED SESSION Litigation - Section 54956.9 Personnel - Section 54957.6 Next Resolution No. 92-03 Neat Ordinance No. 2 (1992) 2. CALL TO ORDER: 6:04 P.M. PLEDGE OF ALLEGIANCE: Girl Scout Jr. Troop 378 ROLL CALL: COUNCILMEN FORBING, MILLER, WERNER, MAYOR PRO TEM PAPEN, MAYOR KIM COUNCIL COMMENTS: Items raised by individual Councilmembers are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 4. 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 his 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. 5.1 SCHEDULE OF FUTURE MEETINGS: 5.1.1 GENERAL PLAN ADVISORY COMMITTEE -February 22, 1992 - 8:00-11:00 a.m., AQMD Rm. CC -2, 21865 E. Copley 5.1.2 PLANNING COMMISSION - February 24, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.3 TRAFFIC & TRANSPORTATION COMMISSION - February 27, 1992 - 6:30 p.m., AQMD Hearing Rm., 21865 E. Copley 5.1.4 PARKS & RECREATION COMMISSION - February 27, 1992 - 7:00 p.m., AQMD Rm. CC -5, 21865 E. Copley Dr. 5.1.5 GENERAL PLAN ADVISORY COMMITTEE - February 29, 1992 - 8:00-11:00 a.m., AQMD CC -2, 21865 E. Copley Dr. 5.1.6 CITY COUNCIL MEETING - March 3, 1992 - 6:00 p.m. AQMD Auditorium, 2. l .865 E. Copley Dr. 5.1.7 CITY COUNCIL STUDY SESSION - March 10, 1992 - 6:00 p.m., AQMD CC -8 Rm., 21865 E. Copley Dr. CITY COUNCIL AGENDA PAGE 2 FEBRUARY 18, 1992 5.2 APPROVAL OF MINUTES - 5.2.1 Regular Meeting of January 21, 1992 5.2.2 Adjourned Regular Meeting of January 28, 1992 5.3 WARRANT REGISTER - Approve Warrant Register dated February 18, 1992 in the amount of $123,159.85. 5.4 PROFESSIONAL SERVICES AGREEMENT -EMERGENCY PREPAREDNESS - The City has received approval to participate in the Federal Emergency Management Assistance (FEMA) program for FY 1992. This program provides federal matching funds to assist state and local governments in retaining skilled emergency services personnel to administer local emergency management programs. Recommended Action: Approve the Professional Services Agreement retaining emergency preparedness services and authorize the City Manager to execute said agreement. 5.5 GRADING BOND EXONERATION, TRACT 2166 - The City desires to exonerate grading surety bond No. 2-160-005-7, posted for the Diamond Bar Mobile Home Estates, Tract No. 2166, located at 21217 Washington Street in the amount of $61,432. Recommended Action: Approve and accept grading for the first phase of the Diamond Bar Mobile Home Estates, and exonerate the Surety Bond. 5.6 GRADING BOND EXONERATION, TRACT 38454 - The City desires to exonerate a $117,000 faithful performance surety bond No. KO 16-27-47-8 for grading construction on Tract No. 38454, located at Silver Hawk and Dublin Ln. Recommended Action: Approve and accept grading construction on Tract No. 38454 and exonerate the faithful surety bond posted. 5.7 SANITARY SEWER IMPROVEMENT BOND EXONERATION, TRACT 31850 - The City desires to exonerate a $270,000 faithful performance surety bond No. 83SB-100-426-683 posted by Bramalea Limited, Inc., for improvements to sanitary sewer numbers 10237 and 10237A, Tract No. 31850 located on Leyland Dr. Recommended Action: Approve and accept sanitary sewer improvements for Tract No. 31850, and exonerate the surety bond posted. 5.8 STORM DRAIN BOND REDUCTIONS, TRACTS 31850 & 42564 - The City desires to reduce surety bonds posted for Storm Drain No. 1862, Tract No. 31850 (Leyland Dr.), Bond No. 83 SB -100426686 in the amount of $722,000 and Storm CITY COUNCIL AGENDA PAGE 3 FEBRUARY 18, 1992 Drain No, 2145, Tract No. 42564 (Newbury Way and Leyland Dr), Bond No. 83 SB -100390298 in the amount of $362,000. Recommended Action: Approve and accept construction of storm drains on Newbury Way and Leyland Dr. and reduce the surety bonds. 5.9 RESOLUTION NO. 92-03: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1916 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF - Private Drain No. 1916 was constructed in 1988 as part of the improvements in Tract No. 43435. Subsequently, the drain was inspected and approved by the L.A. County Department of Public Works based upon the satisfactory completion of the improvements per approved plans. Recommended Action: Adopt Resolution No. 92-03 accepting transfer and conveyance of Private Drain No. 1916 for future operation, maintenance, repair and improvement. 5.10 APPROVAL OF AMENDMENT NO. 3 TO THE EAST SAN GABRIEL VALLEY INTEGRATED WASTE MANAGEMENT JOINT POWERS AUTHORITY AGREEMENT AND CORRESPONDING AIR QUALITY MANAGEMENT PARTICIPATION AGREEMENT - The Air Quality Management Plan (AQMP) adopted in 1989 by the South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SLAG) requires local governments to incorporate air quality policies, strategies and programs into their General Plans, land use regulatory systems and administrative procedures for the purpose of complying with federal air quality standards. Recommended Action: Approve Amendment No. 3 modifying the East San Gabriel Valley Integrated Waste Management Joint Powers Authority Agreement and authorize the Mayor to execute the Air Quality Program Participation Agreement enabling the City to participate with the JPA in the preparation of the Air Quality Element. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAMATION - Proclaiming the week of March 8 - 14, 1992 as "Girl Scout Week." CITY COUNCIL AGENDA PAGE 4 FEBRUARY 18, 1992 6.2 UPDATE ON STATUS OF JCC PROJECT - Verbal update on status of Continued Public Hearing set for March 3, 1992 regarding the JCC project. 7. NEW BUSINESS: 7.1 RESOLUTION NO. 92-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING A DEPOSIT FEE FOR THE PROCESSING OF STREET ADDRESS NUMBER CHANGES - The City has received several requests from residents to change street addresses. The change of previously -assigned street addresses involves other agencies, utility companies and City departments and creates specific workload and related costs to the City. As a result of such requests, the City desires to establish a process and a deposit fee for all work associated with street address changes. Recommended Action: Adopt Resolution No. 92-04 pertaining to the establishment of a process and deposit fee for too street address changes. PUBLIC BEARINGS: 8.1 RESOLUTION NO. 92-05: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A SERVICE CHARGE FOR RELEASE OF STORED AND/OR IMPOUNDED VEHICLES - Vehicles currently impounded/stored from within City boundaries are not charged for impound/storage expenses. The Sheriffs Department incurs costs for impounding these vehicles and these expenses are passed -through to the City, via the Contract for Law Enforcement Services. Staff and the Sheriffs Department have proposed a service charge of $60.00 for vehicle impound/storage release fees. The fee is based upon cost, current rates for impounding/storing vehicles and the expense incurred by the City for processing the program. Fees would not be charged for the recovery of stolen and/or disabled vehicles as a result of a traffic collision. The administration of the program would be accomplished by both the Sheriffs Department and City staff. Recommended Action: Receive public testimony and adopt Resolution No. 92-05 establishing a service charge for release of impounded vehicles. ANNOUNCEMENTS: 10. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL To. FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? CITY CLERK e -V tAc6m 9305-1 ?N10 Lobos R� DATE: ID- PHONE: S60_ 160LI yo bl kc. I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Wi /P'v -- Signature (— VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: / i /v M +DATE: le ` - -- -- ADDRESS: X631 �'_ .PHONE: ORGANIZATION: AGENDA #/SUBJECT: 1,��lr 1' IN FAVOR OF/AGAINST? I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. -e 4J -0 - Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? CITY CLERK r r DATE: z�-� G� o GI yr PHONE: g�/e, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. — -- -i Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK L� FROM: _� �' '� / DATE: ADDRESS: Q] �j 6 ��' �1���' LL. PHONE: ORGANIZATION: c' AGENDA #/SUBJECT: IN FAVOR OF/AGAINST? I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. f' Signature ��- VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ['--7R SS TO: CITY CLERK 7 FROM: , G DATE: ADDRESS: � ��3� �.J't'E "'�" PHONE: E61—�?-Z ORGANIZATION: AGENDA #/SUBJECT: -I-- IN FAVOR OF/AGAINST? r--, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature / Y) � ✓ PJ �l � r .:� � `1-cLb ! e,.s 'jT a l'h., I rl '�i o rte O� �r$tt- n 'C-�rF.. �5 NArne. a:i-e. or Terni THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. 1. 5:00 P.M. - CLOSED SESSION Litigation - Section 54956.9 Personnel - Section 54957.6 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: 3. COUNCIL COMMENTS: None- 1Ve.e.. Councilmembers are fo given at this meeting at a future meeting. Next Resolution No. 92-03 Next Ordinance No. 2 (1992) 6;04 *-i P -X 'k --W Q"ooh �`7� MkY6R-*1M tri Troo COUNCILMEN FORBING, MILLER, WERNNER, MAYOR PRO TEM PAPEN, MAYOR KIM Items raised by individual r Council discussion. Direction may be or the item may be scheduled for action Jew Ne4sbX 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 abiz,-amb re Council on Consent Calendar items or matters of interest to e-iViromme*A- -• the public that are not already scheduled for consideration on •fe+,-b ithis agenda. Please complete a Speaker's Card and give it to ettu� Aarmmj the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City ob Ct-4 •�k� Council. (A 140rn G+ros s Al g unpWA,5. CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. 5.1 SCHEDULE OF FUTURE MEETINGS: 5.1.1 GENERAL PLAN ADVISORY COMMITTEE - February 22, 1992 - 8:00-11:00 a.m., AQMD Rm. CC -2, 21865 E. Copley 5.1.2 PLANNING COMMISSION - February 24, 1992 - 7:00 J p.m., AQMD Auditorium, 21865 E. Copley Dr. - 5.1.3 TRAFFIC & TRANSPORTATION COMMISSION - February 27, 1992 - 6:30 p.m., AQMD Hearing Rm., 21865 E. Copley tn0%t.o 5.1.4 PARKS & RECREATION COMMISSION - February 27, 1992 - anw-nc e& 4a 7:00 p.m., AQMD Rm. CC -5, 21865 E. Copley Dr. "hq 5.1.5 GENERAL PLAN ADVISORY COMMITTEE - February 29, 1992 e-- - 8:00-11:00 a.m., AQMD CC -2, 21865 E. Copley Dr. Ujci,rr'0.nA- 5.1.6 CITY COUNCIL MEETING - March 3, 1992 - 6:00 p.m. q xa,4-� AQMD Auditorium, 21.865 E. Copley Dr. 5.1.7 CITY COUNCIL STUDY SESSION - March 10, 1992 - 6:00 p.m., AQMD CC -8 Rm., 21865 E. Copley Dr. (P, J k. FEBRUARY 18, 1992 PAGE 2 5.2 APPROVAL OF MINUTES 5.2.1 Regular Meeting of January 21, 1992 5.2.2 Adjourned Regular Meeting of January 28, 1992 5.3 WARRANT REGISTER - Approve Warrant Register dated February 18, 1992 in the amount of, I aa, JS 9. 8 S 5.4 PROFESSIONAL SERVICES AGREEMENT - EMERGENCY PREPAREDNESS - The City has received approval to participate in the Federal Emergency Management Assistance (FEMA) program for FY 1992. This program provides federal matching funds to assist state and local governments in retaining skilled emergency services personnel to administer local emergency management programs. Recommended Action: Approve the Professional Services Agreement retaining emergency preparedness services and authorize the City Manager to execute said agreement. 5.5 GRADING BOND EXONERATION, TRACT 2166 - The City desires to exonerate grading surety bond No. 2-160-005-7, posted for the Diamond Bar Mobile Home Estates, Tract No. 2166, located at 21217 Washington Street in the amount of $61,432. Recommended Action: Approve and accept grading for the first phase of the Diamond Bar Mobile Home Estates, and exonerate the Surety Bond. 5.6 GRADING BOND EXONERATION, TRACT 38454 - The City desires to exonerate a $117,000 faithful performance surety bond No. KO 16-27-47-8 for grading construction on Tract No. 38454, located at Silver Hawk and Dublin Ln. Recommended Action: Approve and accept grading construction on Tract No. 38454 and exonerate the faithful surety bond posted. 5.7 SANITARY SEWER IMPROVEMENT BOND EXONERATION, TRACT 31850 - The City desires to exonerate a $270,000 faithful performance surety bond No. 83SB-100-426-683 posted by Bramalea Limited, Inc., for improvements to sanitary sewer numbers 10237 and 10237A, Tract No. 31850 located on Leyland Dr. Recommended Action: Approve and accept sanitary sewer improvements for Tract No. 31850, and exonerate the surety bond posted. 5.8 STORM DRAIN BOND REDUCTIONS, TRACTS 31850 & 42564 - The City desires to reduce surety bonds posted for Storm Drain No. 1862, Tract No. 31850 (Leyland Dr.), Bond No. 83 SB -100426686 in the amount of $722,000 and Storm Drain No. 2145, Tract No. 42564 (Newbury Way and Leyland Dr.), Bond No. 83 SB -100390298 in the amount of $362,000. FEBRUARY 18, 1992 PAGE 3 Recommended Action: Approve and accept construction of storm drains on Newbury Way and Leyland Dr. and reduce the surety bonds. 03 5.9 RESOLUTION NO. 92-X*1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1916 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF - Private Drain No. 1916 was constructed in 1988 as part of the improvements in Tract No. 43435. Subsequently, the drain was inspected and approved by the L.A. County Department of Public Works based upon the satisfactory completion of the improvements per approved plans. Recommended Action: Adopt Resolution No. 92 -XX accepting transfer and conveyance of Private Drain No. 1916 for future operation, maintenance, repair and improvement. 5.10 APPROVAL OF AMENDMENT NO. 3 TO THE EAST SAN GABRIEL VALLEY INTEGRATED WASTE MANAGEMENT JOINT POWERS AUTHORITY AGREEMENT AND CORRESPONDING AIR QUALITY MANAGEMENT PARTICIPATION AGREEMENT - The Air Quality Management Plan (AQMP) adopted in 1989 by the South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SCAG) requires local governments to incorporate air quality policies, strategies and programs into their General Plans, land - use regulatory systems and administrative procedures for the purpose of complying with federal air quality standards. Recommended Action: Approve Amendment No. 3 modifying the East San Gabriel Valley Integrated Waste Management Joint Powers Authority Agreement and authorize the Mayor to execute the Air Quality Program Participation Agreement enabling the City to participate with the JPA in the preparation of the Air Quality Element. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAMATION - Proclaiming the week of March 8 - 14, 1992 as "Girl Scout Week." 6.2 UPDATE ON STATUS OF JCC PROJECT - Verbal update on status of Continued Public Hearing set for March 3, 1992 regard -ing the JCC project. pK- I f n+rodux e . P�I'alct erne r� e n C'on+-off n A.'�6 r .- G J e. ek�r 9�-�n uQ. •� ahs �v r Gni e. v e.( ap rwe ►oL cL,�.,- p& s . FEBRUARY 18, 1992 PAGE 4 7. NEW BUSINESS: OV y)ja_-+` _ t 7.1 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF �f F -G THE CITY OF DIAMOND BAR, CALIFORNIA,ESTABLISHING A 60-0 5• ems`*' DEPOSIT FEE FOR THE PROCESSING OF STREET ADDRESS NUMBER 6 eA-�cL - CHANGES - The City has received several requests from rW- 6ern r'""afv-d residents to change street addresses. The change of 4-o , 6j_-&( C previously -assigned street addresses involves other agencies, utility companies and City departments and n creates specific workload and related costs to the City. As a result of such requests, the City desires to establish a process and a deposit fee for all work associated with street address changes. Recommended Action: Adopt Resolution No. 92 -XX pertain- �,t'Y��•1�� ing to the establishment of a process and deposit fee for 6.4� - KID street address changes. t 8. PUBL C H INGE : -7 ' 0 0 P. 1-0 . 0 ( Q,S bon 8.1 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A SERVICE CHARGE FOR RELEASE OF STORED AND/OR IMPOUNDED VEHICLES - Vehicles currently impounded/ stored from within City boundaries are not charged for impound/storage expenses. D�� �yy.� • The Sheriff's Department incurs costs for impounding `hep these vehicles and these expenses are passed -through to S the City, via the Contract for Law Enforcement Services. C1 Staff and the Sheriff's Department have proposed a service charge of $60.00 for vehicle impound/storage "U release fees. The fee is based upon cost, current rates �O Q for impounding/ storing vehicles and the expense incurred ^q 0-5 FAQ by the City for processing the program. Fees would not ,.APO �'" be charged for the recovery of stolen and/or disabled vehicles as a result of a traffic collision. The J F� administration of the program would be accomplished by (Q �� both the Sheriff's Department and City staff. `Recommended Action: Receive public testimony and adopt Resolution No. 92 -XX establishing a service charge for release of impounded vehicles. 9. ANNOUNCEMENTS: J fr &Z Leo(_ Wke'n hMe ne. +4L 10. ADJOURNMENT: Q P r e- - `�: s P . � , ins - �-u ►� c.c�e� ct� n us (X* 4-0 w k4_t , '+1 rn e . . . M2NUT ES OF THE CITY COUNC iia ©���� REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 21, 1992 1. CLOSED SESSION: 5:00 p.m. Litigation - G.C. Section 54956.9 Personnel - G.C. Section 54957.6 No reportable action taken. 2. CALL TO ORDER: M/Kim called the meeting to order at 6:05 p.m. in the Council Chambers, AQMD Auditorium, 21865 E. Copley Dr. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Kim. ROLL CALL: Mayor Kim, Mayor Pro Tem Papen, Councilmen Werner, Miller and Forbing. Also present were Robert L. Van Nort, City Manager; Terrence L. Belanger, Assistant City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Director of Community Development and Lynda Burgess, City Clerk. 3. COUNCIL COMMENTS: C/Miller stated that the Chamber and City Council workshop held on January 10 addressed concerns of the business community regarding rent, sales and ratio of sales to rent increases. He then announced the dates of upcoming GPAC meetings for the General Plan and encouraged those who have an interest to attend those meetings. In addition, he requested Council consensus to halt construction of the apartments on Grand Ave. until an analysis of the impacts of the median cut is prepared and presented to Council. The analysis should include how the cut will affect the future hospital site and commercial corner across the street and its effect on the apartment dwellers. MPT/Papen stated that she was concerned with the deep cuts in the street and that they were not covered over. C/Werner requested a report for the next meeting indicating the approval process for the apartment project along with suggestions as to how to avoid approval of future projects such as this. MPT/Papen stated that at the last meeting, Council supported sending a letter of opposition regarding the Green Line and the alleged contract to the Japanese firm and a hearing had been set for January 27, 1992. She also indicated that she had discussed the matter with legislators from the San Gabriel Valley while in Sacramento the previous week in addition to HOV lanes for the 57/60 freeways, rail haul and other transportation matters affecting the City. M/Kim asked staff to expedite projects funded by the gas tax to stimulate construction activities and create more jobs. JANUARY 21, 1992 PAGE 2 4. PUBLIC COMMENTS: Greg Hummel, 23239 Ironhorse Canyon, stated that he is a member of the General Plan Advisory Committee and encouraged everyone to attend the January 23, 1992 meeting which will address issues directly affecting citizens and businesses in the City. He requested that Council be aware of policies being set regarding housing and land use elements of the General Plan. Specifically, recommendations include upper limits for multiple family housing to 16 units per acre and downgrading of density of most undeveloped land based on environmental concerns to preserve the "country living" aspects. Al Rumpilla, 23958 Golden Springs, addressed the issue of a video entitled "Wake Up Diamond Bar" as well as flyers that have been distributed by the Gadfly Association calling for the public to be more involved in City affairs. He further stated that he had submitted a letter to the City Manager's Office on December 9, 1991 requesting that the video be shown during the Council meeting of December 17, 1991, but because of the criteria required, his group was unable to comply. He further stated that as suggested by the City, he had contacted the FPPC regarding the Association's filing disclosure requirements and received a reply indicating that the Association would not need to file with them. He further indicated that on December 13, he again inquired about airing the video and, at that time, Mr. Van Nort came up with a different set of criteria, i.e., film permits, non-profit organization number from the IRS, etc. He stated that he was offended by the City's refusal to air the video and the request that the Association file disclosure statements with the FPPC. CM/Van Nort replied that his request for the Gadfly Association's non-profit status was based on Mr. Rumpilla's request to waive the film permit fees and that statutes permit a waiver only if proof of non-profit status is provided. Clair Harmony requested that Item 5.8 on the Consent Calendar be removed for discussion and requested that the roping off of certain audience sections in the auditorium be discontinued due to inconvenience to the public. Adam Lorenz, 6175 Chino Ave., Chino, employee of Western Waste, announced that approximately 2,684 Christmas trees had been picked up in the City for recycling and presented Council with photographs of the grinder used to mulch these trees. Max Maxwell, 3211 Bent Twig Ln., stated that out of five public hearings that he should have received notice for, he had only received one and that materials publicized to be available at the Library and Planning Department were not available. He felt that the notices being sent are ineffective, inefficient and misleading and that the list of property owners used by the City is not up to date. JANUARY 21, 1992 PAGE 3 CA/Arczynski explained that State law requires the City to use the latest equalized assessment roll provided by the County Assessor's Office and that it is the only list that can be used for public hearing notices. With respect to noticing issues, State law is very clear in that the City must mail notices as provided as well as publishing and posting the notices. Staff also uses the Windmill and other community advertising methods. James Flynn, 22790 E. Lakeway Dr., requested information regarding the possible future development of the Diamond Bar Golf Course. CM/Van Nort stated that since the County of Los Angeles owns the Golf Course, development for another use would require them to request the City to consider rezoning the property. No such request has been made by the County. Melinda Jackson, 1460 S. Longview Dr., requested City assistance with the issue of school bus fees. CM/Van Nort explained that this was a school district issue and suggested that Ms. Jackson contact the President of the Walnut Valley Unified School District Board of Directors. Larry Booth, 3839 Castle Rock Rd., asked about the status of Site D. C/Miller indicated that he and MPT/Papen had met with Walnut Valley Unified Board Members to discuss City acquisition of the property for a park and that discussions are continuing at this time. Mary Skorobogatsh, 22725 E. Lakeway Dr., requested an explanation of how the approvals of the apartment project on Grand Ave. were obtained if the City Council is against it and indicated that the access/egress design appears to be dangerous. CA/Arczynski stated that staff was directed to stop the construction activity on the median and to prepare a report on how the project approvals were handled. CM/Van Nort stated that the Planning Director would contact her personally. C/Miller stated that this type of project can go before the Planning Commission and be approved without Council consent. Construction of the complex cannot be stopped; however, construction of the median may be able to be stopped. Don Schad, 1824 Shaded Wood Rd., requested placement of deer crossing signs near the apartment construction as two fawns have been killed during the past four months on Grand Ave. JANUARY 21, 1992 PAGE 4 M/Kim asked staff to look into this matter and bring it back for the next Council meeting. 5. CONSENT CALENDAR: C/Werner moved, MPT/Papen seconded to approve the Consent Calendar with the omission of Item No. 5.2, Warrant Register and Item No. 5.8 regarding exchange of Proposition A Funds. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Heritage Park Community Building Meeting - January 22, 1992 - 7:00 p.m., Community Room, 1061 S. Grand Ave. 5.1.2 Parks & Recreation Commission - January 23, 1992 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.3 General Plan Advisory Committee - January 23, 1992 - 7:00 - 9:30 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.1.4 General Plan Advisory Committee - January 25, 1992 - 8:00 - 11:00 a.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.1.5 Planning Commission - January 27, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.6 General Plan Advisory Committee - February 1, 1992 - 8:00 - 11:00 a.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.1.7 City Council Meeting - February 4, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 APPROVAL OF MINUTES - 5.3.1 Regular Meeting of December 17, 1991 - Approved as submitted. 5.3.2 Regular Meeting of January 7, 1992 - Approved as submitted. 5.4 TREASURER'S REPORT - Month of December, 1991 - Received and filed. 5.5 PLANNING COMMISSION MINUTES - Regular Meeting of December 9, 1991 - Received and filed. 5.6 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of December 12, 1991 - Received and filed. 5.7 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of December 12, 1991 - Received and filed. 5.9 PIERMARINI PROJECT FINAL MAP - Approved Tract Map No. 47722, authorized the Mayor to execute the Subdivision JANUARY 21, 1992 PAGE 5 Agreement, authorized the City Engineer to sign the map, and directed the City Clerk to process the map for recordation. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 5.2 WARRANT REGISTER - In regard to payments to the consultant, C/Werner asked whether the City's costs are being recouped from the consultant due to errors made during publication of the first draft General Plan and the need for republication. CDD/DeStefano stated that the consultant has assured the City that errors would be corrected and that the City would not be charged for their mistakes. C/Werner moved, C/Miller seconded to approve the Warrant Register dated January 21, 1992 in the amount of $172,786.51. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.8 RESOLUTION NO. 92-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) FOR THE CITY OF SANTA CLARITA GENERAL FUNDS. Clair Harmony, 24139 Afamado Ln., spoke in opposition to exchanging Prop A funds and suggested that the monies be used to upgrade paratransit services for the elderly, handicapped and others needing such services. CM/Van Nort stated that paratransit services, which have been expanded, are negotiated with the County. The Council previously adopted a Resolution supporting the American Disabilities Act and indicated that the first and second years will be funded by the Los Angeles County Transportation Commission; however, the third and fourth years will require funding by individual cities. MPT/Papen stated that after Incorporation, a review of the existing paratransit program took place. It was discovered that the disabled and senior citizens could be taken to the Puente Hills Mall, but could not be taken to one of the area hospitals. The City then negotiated to revise the route and service areas to include trips to medical facilities. C/Werner moved, C/Forbing seconded to adopt Resolution No. 92-01 authorizing and approving the exchange of Prop. JANUARY 21, 1992 PAGE 6 A Funds for the City of Santa Clarita General Funds. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 6. SPECIAL PRESENTATIONS - PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAMATION - Month of February, 1992 - "American Heart Association Month" - presented to Dr. Dan Buffington representing the American Heart Association. 7. NEW BUSINESS: 7.1 "NO PARKING" SIGNS ON COLIMA RD. - ACM/Belanger stated that this was referred by the Traffic & Transportation Commission for approval of a 480 foot, two-hour parking zone approximately 1000 ft. from the freeway offramp on Colima Rd. to the end of the shopping center containing Coco's and a commercial office area. The Commission heard this matter on December 12, 1991 and indicated concern that the two-hour parking restriction would be difficult to enforce and that over -sized vehicles might park along that area. As a result, the Commission recommended that the current parking restrictions not be changed. He stated that staff would recommend providing a two-hour parking limit along this stretch of Colima Rd., with an appropriate clearance in and about the driveway radiate to allow for sight distance and allow for transition off of Colima Rd. into the two driveways that would be a part of that restricted parking area. Further, the driveway radiate should be redcurbed to allow for appropriate site distance and transition into parking areas. C/Forbing moved, C/Miller seconded to approve staff's recommendation to provide for two-hour parking on Colima Rd. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Forbing, Miller, MPT/Papen NOES: COUNCILMEN - Werner, M/Kim ABSENT: COUNCILMEN - None RECESS: M/Kim recessed the meeting at 7:35 p.m. RECONVENE: M/Kim reconvened the meeting at 7:50 p.m. 8. PUBLIC HEARINGS - 7:00 p.m. or as soon thereafter as matters can be heard. 8.1 RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. 22102 A NEGATIVE DECLARATION, AND AN APPLICATION FOR JANUARY 21, 1992 PAGE 7 A MINOR SUBDIVISION TO CREATE TWO (2) PARCELS LOCATED AT 1575 VALLEY VISTA DRIVE - LOT 13, TRACT 30379 AND MAKING FINDINGS IN SUPPORT THEREOF - CDD/DeStefano reported that Bryan Stirrat and Associates requested approval of a Tentative Parcel Map (TPM No. 22102 for a minor subdivision to create two (2) lots from one (1) 4.39 acre parcel, located at 1575 S. Valley Vista Drive in the Gateway Corporate Center. In response to MPT/Papen's concerns, Richard Kansel, representing Bryan Stirrat & Associates, 5720 Avenida Barcelona, Yorba Linda, stated that the request to subdivide meets the criteria for units within the corporate center; however, he did not know the applicant's plans for the property and no development is currently planned. M/Kim opened the Public Hearing. With no testimony offered, M/Kim closed the Public Hearing. C/Werner moved, MPT/Papen seconded to deny the applicant's request. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8.2 EXTENSION OF INTERIM ORDINANCE NO. 8A(1991): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. 8(1991) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE 65858 AND MAKING FINDINGS IN SUPPORT THEREOF - CA/Arczynski explained that an interim Ordinance was adopted on December 17, 1991 to control commercial uses in residential zones; specifically, "flyer parties," wherein individuals advertise gatherings at their homes and request an admission charge. M/Kim opened the Public Hearing. With no testimony offered, M/Kim closed the Public Hearing. C/Werner moved, MPT/Papen seconded to extend Ordinance No. 8 (1991). Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None JANUARY 21, 1992 PAGE 8 8.3 ORDINANCE NO. 01(1992) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.76 TO THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO ADMISSION CHARGE PARTIES IN RESIDENTIAL ZONES - CA/Arczynski stated that this is the same as Ordinance No. 8 (1991) except it is not urgency. M/Kim opened the Public Hearing. With no testimony offered, M/Kim closed the Public Hearing. C/Werner moved, MPT/Papen seconded to approve for first reading by title only and waive further reading of Ordinance No. 01 (1992). Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8.4 TENTATIVE TRACTS 47850, 47851 AND 48487 - Due to a potential conflict of interest, M/Kim excused himself from participation in this matter. CDD/DeStefano reported that the applicants, D.B. Associates and Dr. Al LaPeter, submitted a request for approval of a three (3) tract residential subdivision for development of 120 homes on 160 acres located off of Steeplechase and in what is commonly called the "backside of The Country." The project is located adjacent to SEA No. 15, and actually encroaches within the significant ecological area by about 3%. The project also involves removal of 44 oak trees and the certification of a Master Environmental Impact Report that has been prepared. Judge Cecil Mills, on behalf of Diamond Bar Associates, stated that Tracts No. 47850 and 47851 are separate and independent of Tract No. 48487 except that they were joined together to simplify the approval process. He also stated that Tract No. 47850 proposes 57 lots and Tract No. 47851 proposes 48 lots. Lex Willaman, Planning Director, Hunsaker & Assoc., 10179 Hunnikens, San Diego, representing Dr. Al LaPeter, displayed exhibits of the project and stated the projects were re -designed following Incorporation to include the City's higher standards including that of hillside grading. MPT/Papen opened the Public Hearing. In response to C/Werner's question, CDD/DeStefano stated that comments made in this Public Hearing will be JANUARY 21, 1992 PAGE 9 included in the response to the EIR. Jack Bath, 13232 12th St., Chino, consultant with National Audubon Society, stated that issues that the applicant has not addressed include migratory birds killed during the grading process and that CEQA guidelines require wildlife movement studies which would pertain to the cougars in Tonner Canyon. He recommended referral of the applicants' EIR to a CEQA attorney for review. Grace Lin, 2901 Steeplechase Rd., requested that three points be addressed: (1) construction of an urban pollution catch basin to catch rain and irrigation waters which has to be cleaned annually, the cost for which is borne by residents of The Country; (2) future residential development of three additional parcels located adjacent to these properties may be sought; and (3) 120 houses means an increase in the traffic load for The Country gate at Diamond Bar Blvd. Ray Daugherty, 3010 D La Paz Ln., objected to the use of the Las Brisas Homeowners' Association private road by future residents of the proposed projects. William Gross, 21637 Highbluff Rd., requested that four issues be addressed: (1) The notice process, (2) approval by the Planning Commission of the apartment complex on Grand Ave., (3) following General Plan guidelines requiring one house per 2.25 acres and (4) the SEATAC report which shows they support "no project." RECESS: MPT/Papen recessed the meeting at 9:45 p.m. RECONVENE: MPT/Papen reconvened the meeting at 9:55 p.m. Don Schad, 1824 Shaded Wood Rd., opposed the project in that it is inconsistent with good land utilization and expressed concern over the removal of black walnut trees and purple sage. Tom Van Winkle, 21103 Gerndahl St., opposed the project in that the General Plan has not yet been completed. Larry D. Boothe, 3839 Castle Rock Rd., opposed the project and requested a halt to all development. Max Maxwell, 3211 Bent Twig Ln., opposed the project and requested that it be sent back to the Planning Commission. He further requested that the proposal specifically state that "there will never be a road or an easement from D.B. to Tonner Canyon up and down the hill approximately a mile and a half and that the gate at the end of Hawkwood be defined as permanently closed except for fire access, which already exists there." JANUARY 21, 1992 PAGE 10 Samuel Cho, 3208 Hawkwood Rd., requested that the project be postponed until the General Plan is complete. Joe Ingram, 21647 Highbluff Rd., opposed the project. CM/Van Nort then announced that due to mechanical difficulties with the heating/cooling system, the Public Hearing would need to be continued to another date. 9. ADJOURNMENT: At 10:35 p.m., MPT/Papen continued the Public Hearing and adjourned the meeting to 7:00 p.m. on Tuesday, January 28, 1992. LYNDA BURGESS, CMC City Clerk ATTEST: Mayor Pro Tem MINUTES OF THE CITY COUNCIL DRAFT REGULAR MEETING OF THE CITY OF DIAMOND BAR. JANUARY 26, 1992 1. CALL TO ORDER: MPT/Papen called the meeting to order at 7:05 p.m. in the Council Chambers, AQMD Auditorium, 21865 E. Copley Dr. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by MPT/Papen. ROLL CALL: Mayor Pro Tem Papen, Councilmen Forbing, Miller and Werner. M/Kim was excused. Also present were Robert L. Van Nort, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Director of Community Development; Sid Mousavi, Public Works Director/City Engineer and Lynda Burgess, City Clerk. 2. COUNCIL COMMENTS: C/Miller stated that staff removed newsstands which were placed in front of the Post Office due to pornographic contents of the materials. The City will continue to remove this type of material throughout the City. 3. PUBLIC COMMENTS: Al Rumpilla, 23958 Golden Springs Dr., on behalf of the Gadfly Assn., stated that out of the 30 people originally appointed to GPAC, there are only 8 active members with an average of 5 present at any one meeting. He suggested that the City Council appoint additional members. In addition, public participation is very minimal. CA/Arczynski stated that this matter was discussed by the Council approximately one year ago at which time several replacements were appointed. It was agreed that no new members would be appointed after that date so that all members would have equal knowledge of the status of the Plan. Public hearings will soon be held before the Planning Commission and the public is welcome to comment at that time. C/Werner stated that the GPAC meetings are open to the public and encouraged those who want to give input to attend those meetings. Ron King, 520 S. Camaritas, spoke in opposition to the apartment construction on Grand Ave. and expressed a desire that future projects such as this not be approved until after adoption of the General Plan. Larry D. Boothe, 3839 Castle Rock Rd., asked that the 300 ft. public hearing notification area be increased to 1000 ft. and that future notices be addressed to "occupant" rather than residents so that all interested parties may be notified. He JANUARY 28, 1992 PAGE 2 expressed a desire to see the City move forward on oak tree preservation. CA/Arczynski explained that, regarding the matter of addressing notices to "occupant," state law prescribes how the notices are to be addressed. With respect to oak trees, the County Ordinance was adopted by the City and is currently in place. Staff is in the process of upgrading restrictions contained in the County Code. Don Schad, 1824 Shaded Wood Rd., reported that he had submitted a draft comprehensive tree ordinance for Council consideration, without which, developers are allowed too much freedom. He asked about the status of his proposal. In addition, he indicated that no further development should be allowed to proceed without the General Plan being in effect. CM/Van Nort stated that the Council had adopted rules and regulations governing ordinance processing and that the draft tree ordinance will be discussed at a study session on March 10, 1992. 4. CONTINUED PUBLIC HEARING: 4.1 TENTATIVE TRACTS 47850, 47851 AND 48487 - Continued from January 21, 1992. CDD/DeStefano again reviewed the proposed projects submitted by Dr. Al LaPeter and Diamond Bar Associates. In response to C/Werner's question, CDD/DeStefano stated that the project was submitted to the City in late 1989 and an EIR was requested by the Acting Planning Director in 1990. The EIR was prepared and the notice of preparation distributed to approximately a dozen local and state agencies in May of 1990, soliciting comments that should be incorporated within the document. In August 1990, the first EIR was received from the developers' consultant for City review and submitted for public review. In October 1990, the Council created the Significant Ecological Technical Advisory Committee (SEATAC) who reviewed the EIR and some of the specifics related to the project in terms of their biological impact between October and April of 1991. As a result of comments generated by SEATAC, the project was amended and changes were incorporated as mitigation measures within the EIR. MPT/Papen opened the Public Hearing. Cliff Mukai, 3215 Bent Twig Ln. asked if the City knows if the developer is financially sound, source of funding and, what is the expected ratio of total costs per property to the construction costs and how the City would be affected if the developer goes bankrupt. JANUARY 28, 1992 PAGE 3 Wilbur Smith, 21630 Fairwind Ln., presented overheads and written comments and spoke on the issues of liability; biological, environmental and geological impacts and financial concerns. Jack Rech, 2447 Alamo Heights, spoke in favor of the project. Kathy Meyers, 3025-B Las Brisas Ln., President, Las Brisas Homeowner's Assn., stated that 30 petitions were delivered to the City indicating member opposition to any attempt to provide primary or secondary public access to or through their private, gated community. She further indicated that she felt that a General Plan should be in place prior to approval of the 160 acre development. MPT/Papen confirmed that the City had received the petitions. Robert M. Kelsey, 3001 "A" Las Brisas Ln., stated that he had not received a Notice, was concerned about a possible easement along Sugarpine, and felt that nothing should be approved until the General Plan is adopted. C/Werner stated that the easement or public road proposed was rejected by the Planning Commission and that the Council was not in support of the road either. He recommended that the Council, at the close of the hearing, go on record to clearly state whether or not this issue is alive or dead. Lillian Blaschke, 2950 Malaga, reported that she had three degrees in biological science and specialized in cellular biology. She indicated that she would be happy to assist in any further environmental investigations and that she was opposed to the use of Sugarpine as an access or public road. Nancy Dougherty, 3010 La Paz "D", stated that she is against the proposed development and easement and expressed a desire to see an oak tree preservation ordinance put in place. She also indicated that she had read the Boyle Engineering report indicating that the City requested resolution to access to Tonner Canyon through extension of Sugarpine and that she was concerned about current soil erosion and that the project might contribute to further erosion. The following persons spoke in favor of the project: Donald R. Sizemore, 23751 E. Goldrush Dr. John Phillips, 1003 Quiet Creek Ln. Richard and Charlene Goff, 3367 S. Falcon Ridge Rd. Michael Newhouse, 1405 Stardust Kevin Alden, 2727 Indian Creek JANUARY 28, 1992 PAGE 4 Bill Palmer, 23422 Wagon Trail Louis Merola, 1457 S. Lemon Ave. John B. Luttrell, 1469 Rolling Knoll Rd. RECESS: MPT/Papen recessed the meeting at 7:35 p.m. RECONVENE: MPT/Papen reconvened the meeting at 7:50 p.m. John Pringle, 6055 E. Washington, Los Angeles, attorney representing the Diamond Bar County Estates Assn., stated that the Board of Directors reviewed the original proposal and modifications and supports the project. The following persons also spoke in favor of the project: John Murphy, 171 N. Rock River Dr. Frank Lozano, 680 Shady P1. Ken Demaret, 22136 Steeplechase Dr. Marc W. Hawkins, 2618 Broken Feather Ln. Mark Skaar, 1431 S. Stonecrest P1. Sue Sisk, 1087 Flintlock, expressed concern over the process developers and related expenses experienced by developers before the public is ever aware that a project is proposed. Christine Drum, 3364 S. Falcon Ridge Rd., opposed the project due to her concerns about wildlife, vegetation, traffic and construction noise. Tom Van Winkel, 21103 Gerndahl St., stated that it appeared as though not everyone who should have been were noticed about the hearing and suggested that the General Plan be completed before any developments are approved. Cecil Mills stated that he had been in contact with homeowners directly impacted by this development and that there was no conspiracy to keep the project quiet. He presented copies of letters sent to homeowners and a resolution adopted by The County Homeowners' Assn. endorsing the project to the Council. The Boy Scout Council of the Los Angeles Area issued a letter in April 1990 indicating that they would have no problem with the project. CA/Arczynski reported that written responses had been received from D.J. King and Assoc. and Michael Brandon Assoc. regarding questions raised at the previous meeting. Said responses should be incorporated into the EIR. He reiterated that the notice process was properly followed as prescribed by State law. MPT/Papen requested that approval of grading permits take into consideration the nesting periods of migratory birds in that grading is proposed to take place in the summer. JANUARY 28, 1992 PAGE 5 Further, the EIR should include comments made by Michael Brandon & Associates regarding the potential presence of cougars in the area and clearly state that no roads or easements will be considered through Sugarpine from Diamond Bar Blvd. to Tonner Canyon. With Council concurrence, staff was directed to add MPT/Papen's comments to the EIR. RECESS: MPT/Papen recessed the meeting at 10:20 p.m. RECONVENE: MPT/Papen reconvened the meeting at 10:30 p.m. C/Miller requested that the following conditions be addressed in the Conditions, Covenants and Restrictions: Tract #47850, #6 - Are the CC&Rs consistent with those of The Country; i.e. fencing requirements in front of houses, required landscaping front and rear, 40 ft. setbacks which are beyond the requirements of The Country, no floorplan repetition, etc. #7 - Urban pollution basins --how are they to be maintained and who will bear the costs? #9 - Construction activities between 7 a.m. & 5 p.m. and hours for maintenance of heavy machinery --these should coincide with requirements established for The Country. #10 - Landscaping and irrigation --conform to The Country standards. #20 - Two "out parcels" --applicant and staff to handle as deed restrictions dedicated to the Homeowners' Assn., perpetually considered open space and the property of the Homeowners'. #21 - No mention of retaining walls --needs to be addressed. #22 - Phase boundaries --a specific phasing map is needed so that the City knows when each project will be graded, if it is a 10 or 12 -year period, how many graded each year. Provide a proposed building envelope on the cul-de-sac lots and the separations. Architectural control to break up massive structures with two-story walls contiguous to each other through the use of cantilevers, offsets, popouts, etc. Subdivision: #1 - Wording to the effect that the existing heliport pad will be relocated as required by the Fire Department. #10 - Detailed, on-site lighting plans --The Country does not have street lights --should this project be the same? JANUARY 28, 1992 PAGE 6 #21d - Slope banks in excess of five feet --seed with native grass along with appropriate tree and shrub planting on the slopes. #23b - Gross stability of 150 foot high fill slopes and unstable slopes shall be redesigned and stabilized using slope reinforcement. Clarification as to what the geologist referred to for reinforcement --no gunite. #26 - "Public/private street" --change to "private streets." #36 - Permission from affected property owners prior to final map for easement on a blue line streambed-- determine the affects lack of permission by individuals will cause. #37 - Sewage pumps --who will maintain or will they be transferred to the County? #38 - Sewer line capacity --make sure that adequate capacity exists. #48 - Stop signs --any and all signs to conform to Country standards. 110 - 9 -mile radius to determine street names --stay within City limits to make sure there are no repetitions, but 9 -mile radius seems excessive. In addition, one map specified 9 -mile radius, other specified within City limits --should be consistent. #32 - Revocable easement --no longer exists. Address concerns regarding soil stability and layers of bettinite within the soils report. Determine impact fees to be charged against the project for off-site sidewalk improvements, signal improvements, etc. MPT/Papen requested the following conditions: 1. A staff report as to whether the entire slope will require rebuilding or if there is some other alternative. 2. She noted a recommendation from the Department of Water Resources to use reclaimed water for irrigation purposes and suggested that construction of a dual system be required. 3. The Walnut Valley Unified School District took exception to the applicant's response to question 12 and she requested a report from staff on this issue. JANUARY 28, 1992 PAGE 7 4. Require a minimum of 125 feet of frontage on the homes with straight frontage. Cul-de-sac radiuses are too small to provide adequate setbacks and driveways -- enlarge the radiuses approximately 60-65 feet. C/Werner requested conditions that address mitigation monitoring: 1. Section 3.7, provision 7A-1, biological resources -- provide that a mix of relocated and new trees be used for replacement of the California Live Oaks as well as the black walnuts. He requested specific information from the arborists as to the type of trees proposed. 2. Reclaimed water--EIR indicates desirability of using reclaimed water for conservation purposes; but no lines currently available. Will the developer be required to make provision for future reclaimed water hookup and should the developer be responsible for the cost of some of that water line? He requested additional recommendations from staff. C/Miller requested that staff address the issue of when reclaimed water will be available and how. He felt that dry lines should be required for future hookup. C/Werner indicated that the EIR should contain a time frame for grading and revegetation on the site. In addition, he directed that the developer be prohibited from moving dirt off-site to eliminate exportation or importation by heavy trucks traveling through the City. C/Miller requested that the developer be restricted from parking construction and employee vehicles off-site. Judge Mills explained that they anticipated that Tract 47851 would be prepared in conjunction with Dr. LaPeter's tract which require dirt to be balanced between them. In addition, Dr. LaPeter's tract requires the sewer pump station to be constructed on one of the other tracts. C/Papen requested that: 1) reference to model home landscaping on Planning Commission Resolutions No. 91-23 #11 and No. 91-24 #10 should be deleted and a requirement included for front and rear landscaping prior to filing of Notices of Completion; 2) Item #11 on No. 91-24 calls for a radius of nine miles for determination of street names which is inconsistent with #11 on No. 91-23 and 3) gross -stability of 15o foot slope required by #24b be addressed prior to approval of the project. Regarding Tract No. 48487, she expressed concern regard- ing impact of the grading on the vacant parcel not included in the project. JANUARY 28, 1992 PAGE 8 C/Miller pointed out that the issues he addressed were applicable to all three projects, not just 48750. C/Werner requested that condition #4 regarding Tract No. 47850 be further addressed by staff regarding approval of the mitigation monitoring program prior to development approval and leave whatever has to be based on more information until a future date prior to the grading permit. In response to C/Werner's question regarding costs for staff assistance on this project, CDD/DeStefano replied that not all of staff's costs are being covered due to the fact that the project was presented to the City under the old fee structure which was not cost-effective. Following further discussion, C/Miller moved, C/Werner seconded to continue the Public Hearing to March 3, 1992 at 7:00 p.m. Motion carried unanimously (M/Kim absent). 5. OLD BIISINESS: 5.1 SECOND READING OF ORDINANCE NO. 1 (1992): AN ORDINANCE OF THE COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.76 TO THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO ADMISSION CHARGE PARTIES IN RESIDENTIAL ZONES. C/Miller moved, C/Werner seconded to adopt Ordinance No. 1 (1992). With the following Roll Call vote, motion carried: AYES: COUNCILMEN-Forbing, Miller, Werner, MPT/Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - M/Kim 6. NEW BIISINESS: 6.1 RESOLUTION NO. 92-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE 1989 FOR ROADSIDE RECREATIONAL PROJECT - Admin. Asst. Kellee Fritzal reviewed the proposed uses of the grant funds available to cities under AB471 for Environmental Enhancement and Mitigation programs related to impacts of modifying existing transportation facilities or constructing new facilities. Martha Bruske, 600 S. Great Bend Dr., asked that the Council take into consideration a facility for senior citizens and consider deleting the basketball court and utilizing the money for the building. JANUARY 28, 1992 7. PAGE 9 Donald Sizemore, 23751 E. Goldrush, Dr., asked about plans for sound walls along that section of the freeway. MPT/Papen stated that Council has been working on the sound wall issue, however, one of the problems is that the State continues to change the rules as to when you qualify. CM/Van Nort stated that as part of the HOV improvement program on the 57 freeway, the Council, as well as Supervisor Dana, and Senator Hill have gone on record stating that if the HOV project becomes a reality, sound walls would be constructed as a mitigated measure. Jack Italsky stated that sound walls are a prime target for graffiti and Council should take this into consideration. C/Forbing moved, C/Miller seconded to adopt Resolution No. 92-02 approving the application for grant funds for Roadside Recreational Project. Motion carried unanimously. ADJOURNMENT: With no further business to conduct, MPT/Papen adjourned the meeting at 11:14 p.m. ATTEST: Mayor LYNDA BURGESS, CMC City Clerk 153 I N T E R O F F I C E M E M O R A N D U M TO: Mayor Pro Tem Pape��nlIand Councilmember Forbing FROM: Linda G. Magnuson,-P8enior Accountant SUBJECT: Voucher Register, February 18, 1992 DATE: February 13, 1992 Attached is the Voucher Register dated February 18, 1992. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to it's entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated February 18, 1992 have been audited approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION 001 General Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 225 Grand Ave. Const Fd TOTAL ALL FUNDS APPROVED BY: Linda G. Ma u on Senior Accountant 1 t kiL V Obert L. Van Nort City Manager AMOUNT $T -ismer:? 2,755.28 2,930.19 4,191.53 1.330.00 ft -k 140"- z;, Phyl is E. Papen Mayor Pro Tem i John A. Forbing Councilmember 4 4 4 RUN I 1�;c t8:146 6211 31;q2 v 0 U C, H 1: IR 6 i 5 i DO; 7 Hlittj I ......... —?2.181:3[ VIXOR AM4IN"f T X-Ilk� ----------- -------------------------------------------------------------------------------------------------------------- PTCN P5, ltv- iNo. E -N I RYIIIL);.�;; T f'. D ., � � j A J D I E k. i vi. e A.'%, r! S e r v i f- E, 1 2x2:3:, k'?112 e2118 COLInCil MtV� JA�I 7,?l IR17,98' 2 702136 Jf. YP010P --------- 146,9S 2 20218A 02112 92116 279;01 meetinu Sopplic—, 3;.00 Turk DI;E VENDOR -------- 34.03 llsii-od, Connie +W-2476 8 201AA 02112 02115 2414 Ri!,,rEation Refund 311,00 TOTAL DUE YI-Nbij'R --------j 31.0 American S63rj,.,8 LID AiwrStorag '-01-4090-2140 120216 02/12 @2116 March Rental Ms -2 Units 153.00 TIYAL DUE VENDOR -------- 1, B S K Electric Whole -sale JAPElect 001-4319-120 6 232163 e4/1183 02112 02118 1793%0 Liaht Bulbs, 36.253 TOTAL DOE VENDOR --------i 36,25 CalifPrk-Wpd,xiety 11FRIS #001-431.0-2315 I 29218A 02112 02118 Annual Member Dues-Janiel 100.00 TUT4L MjE VENDOR --------j ADM Community Indijstrirs CoMIDIOdust Qal-4510-:I590 I 20218A 92/12 02118 Litter Abatemwit. Svc -Jan W -M TOTAL DI,E VENDOR --------j 1196.03 rovioutgr A,mliod Systems CAS +081-4054-4030 2 26218A 02/12 02/18 Monthly Maint-March MAO TUTAL DILE VENDOR --------j 145.03 CoavMj!;tf?rs, The Conymister +201-409-2100 2 202163 02112 02/16 056991 Caoier Maint-3ec 8!1.08 MI -4070-210 1 20218A 82/12 02/18 25806I Copier Maint-Jan I52.74 TOTAL DUE VENDOR --------j 240.78 ;l:c T."i?ij.............`.'J�iA Y2 iLI �N „01..3,.`1 `, 2Ai,,4 :.' Ni;. �': 1 _ IV;, 11, J iklPil..� +8'i2 0 2 J -lUi- n C4amber 'i1xen it'•fA� 2?5 4 _r?1;%112 @2,'18 JtJl-,3.an Cl,aac�r �lk'r5 i) i1)1Ai DUE VE ti t11R--- - - - - - . f22;-451@'5;12 02292 2 22219 @2112 v,2118 14596 CensLtltn 9+ES-3rd!Gld Sar 1,3 -•:.as TOTAL RE VENDOR -------- 1,33@.@) 1 a0art"Ilt of Consumer + ?i'45�51-2a15 D,ffuosAi# i ?�21An 42112 02118 Licen5e Renewal-Muasavi 168.®@ TOTAL RE VENDuR--------% 158.8) Dickman i u;a,)er +001-4350-1280 Dick -n -un 3 282180 @1112M A 02/12 0211A 147140 Re; Snual-Peterson 106.79 TOTAL DUE VENDOR --------% 915.18 Fastaan Inc. +821-421@-1100 Fastau. 1 28218? 02/12 @2/lA 8493;164 Sagplies-Ping 14.12 }8al-42.10-1100 2 M18A 02/12 82118 8493987 5uuulios-Ping 144.35 +081-4050-1180 1 282IAA 02/12 02116 8493994 Supplies-Finace 12.64 #aai-4090-1189 5 ?02148 V!1202!18 4494886 Su�.plis5-G2n Govt 237.54 TOTAL DUE VENDUR--------> 409.25 Exxon +081-431.1'-2310 ExxunS 6 MIM 02112 02118 4264466 Fuel-Prk 6 Maint 31.86 X881-4230-2310 7 ?02148 02112 89-/18 4944761 FisPl-CMgr 14.0 +0@1-431.0-2110 7 202188 @2112 @2/16 4964455 Fuel-Prk d Maint 33.40 MI -4030-2310 8 28218A 0112 02/18 5064396 F(;el-CMgr 14.0) +0?1-431.0-2310 6 202161+ 0112 @2/18 5664746 Fuel-Pi*M 31.00 !801 4318-2310 12 20218A 02/12 02/18 5665343 Fl:Pl-P&M :'33.18 +08I-4098-231@ 1 202188 02/12 82!18 630361 FuPI-6anSavt 14.90 103-4218-2310 2 202188 82!12 22/18 5363415 F+: 19.4)el-Ping MI -4319-211010 20218A 02/12 0211A 6364061 Fuel-P8M 18.06 TOTAL DUE VENDOR --------> 909.12 Federal Ex3rai5 Corn. +001-4090-2128 FedFx!>r,,-5 2 202188 02112 02116 455116808 Priority Mail-fiPn Govt 13.00 TOTAL DUE VENDOR --------> 13.0 3 + + t i VIADICA I'A�,' ,'_____t •E N R!/U1. i.� P '14 - -- - - - - - - -E - - - - - - - - - - - - - - - - - - - - - - - AMDJNT D - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------_---------------- b 8_19', e 202:,41! 12 M t o J1 TlJ 1,AL 001- Wt. --213O 2 2021'84 Fay CIO 81E California 16TAL Dl.,'E V,'-.,NJ)UR -------- 136. 5 811 E +001-4313-2125 2 2021813 02/12 02111(! jaTi Phone Svc-hleritaue 62.76 6TE Calihrpia fUfa GUE 'V'z:N))09. 62.76 3 Min 02112 0118 Cross Ref Directory-PIna 74.56 "UE VCNDOR -------- A.56 UTE California 6TE *001-4440-2125 I MISR 02112 02118 Ear Pl-pa Phone Svc:-jan 0.76 IOfh DUF VEINDUR -------- BfE California 61E #001-4090-2125 1 Mlap *001-4M-2125 2 2021 -SE 02112 02/18 02/12 Eth Phone Svc 02/181,917.94 Oct PhanL. SVC MAL DtiF Vp�,Dofl --------- L / 3,741.IS 6ov;Irnors CHice of Bayoffi.:L3 . 2 202168 02112 02/18 Publications 27.50 IWAL DOE VENDUR --------- ) 21.52 Grai) ' pr, Julie 146 fool -3-'178 6 20218? 02112 02114 2600 Recreation Refund 12.00 TOTAL DUE VENDOR --------- 12.03 Grothe, jack GrothqJ 2 20218D 02112 02118 PC MtvsJan 13,27 120.00 TOTAL Dl.'E VENDUR --------j I70.94 I, U C 1 _ N P - .. I _ R ............. `.;`:.{:4' .... } iF !i'.'!_u �`. k } I!IAiI -4 B P i T ,4C N7 .,G (y' - {�I-,�t%l� A, 31.1 N7 t all' Hart(ii..;� 1 J jil ;I Hirlrarliier De L1a:Ra5 Hilt,4:'r''.itr +991-4090-491? 1 29j2186 inland Valley Dly 5ulleh 1V0B +0a1 -4W -21.1S 6 202186 Intl Rus:n''S 11111SEDuip WI -409c-2200 1 202188 8911148 Int'1 gl;sine�s €ruioment Ir8u5Fouip +001-4090-2208 2 20218'; Irwin M. KaDlali Kaplan +081-4210-4219 1 20218C Well, Anne 159 +891-2478 7 2f218A Kers Hardware 02x18 Kens +91-431.9-12+0 9 20218C 0411217 1021-4310-1230 18 20216C 85/1217 +001-431.8-1220 12 20218C 0711277 Q01-4319-1?90 11 22218C 0611217 +001-4319-1280 6 28218C 03/1277 4081-4310-1200 7 20216C 02/1217 Ki:an, Mary 155 +001-3478 4 20218?, 02112 02x18 PC Mtcis Jan 1:3.2" 12:.0 _ V CR T+!;AL CUE .�NDI:n--------; 1 �• >-:.0.02 92;12 0:7!18 4th Qtr Contract Svcs 90:.rv: TOTAL DUE VENUR 9:%8.92 02112 x2118 dc24224 P.!h Hrg-Resolutn 89-91F 25'.25 TOTAL DUE VENDOR -- - ---:> :9.25 92/12. 02118 1025 Contract Svcs -Feb 531-1.22 TOTAL D1,E VENDOR -------- `:,.5.22 02/12 02/16 8991 Xerux Develpr,PAuturecptr 795.64 TOTAL DUE V'cNDOR--------) 7,6.64 02ii2 02/16 Dec -Jars AICP Sarvices 7,643.59 1OTAL DUE VENDOR --------> 1,643.52 02/12 02/18 2431 Racreation Refund 22.08 IOfAL DUE VENDOR --------? 22.02 02"12 02116 50-P Paint,Cesent 16.16 02112 82118 5:3917 Mi-ic Supplies 16.35 02112 02118 539:5 Disc Sauplies 1.48 82/12 02118 '13914 Misc Supplies 24.46 02/12 02116 53994 Paint Brush,Thinner 7.73 02/12 82/18 54287 Misc Supplies 3.62 TUTAIL DUE VENDOR --------; 69.71 02/12 02/18 2505 Recreation Refund 23.00 TOTAL DUE VENDOR --------i 23.89 iMF J8 _ f. 1 5 � 6';_NDuR NIiM Act'+'IyT F RJ. T(r _ Br,r N F�.i I1 + E4'11Yr5UF E o- .., f _-_ L.A. l:ni;iitV-u;iF'nif = Der i L Ac;"i;Prlt *s41 -41;1-_i41 � . +201-4444-62+0 1 222180 LA C?lluiar Tel!�unole LAC?llular +001-4033-2125 2 2021AC f00l-4440-2125 2 20214C LA County Aoricultur? Coy LAGnlric f139-4539-5S1q 1 282180 4141-4'41-551q 1 2021AC +001 -43:41 -MO 2 2021AC l.an:iscaue �?et +141-4541-5520 (001-4,55-5543 f14l-4541-2210 t!.ac Rrida, Dext?r (001-4214-4104 aI"h::areY 2 20219' 2 202190 01/1235 1 20218" MacBridaD 1 2021AD "arkman Arczynski pApson Markidanhc +401-4020-4022 1 20216' (281-4020-4021 2 20218C Martin 6 Chaonan Co. Martina'ha +041-4210-2320 5 22216' 9111295 42/12 02118 9166$ Dec-ri�iicaotee " -"cs 67.17 02/12 92/18 910000!9942 Feer Pre.^. Egoi, instalatn - 26 c. 5,ti3 1OTAL DUE V_NDijR-------- %55.,53 02112 02./IA 92!12 02/18 Jar Ce11u1ar Svc -'Myr 5S,3' ,an Cellular Sn_-E�a?rPrap 4;3.78 TUTAL Dill VENDOR --------} 94.1i 02/12 02/lA 92711 P2st Control -Nov 259.02 42/12 22/18 92811 y ,• uv-P�St rontrul 02112 92/18 92911 Nov -Pest Control Svcam;,re 2;9,02 970.24 TOTAL 411E VFNDOR--------; 1,498.26 02112 42118 02112 02/18 026126 Maint-Dist II41-Jan 02112 02/18 006732 446756 ka11 Recair-path/Db 1,892 1.992.44 .43 Fence Renair-b1:yn Cutoff 612.44 TOTAL DUE VENDOR --------; 5,004.02 42/12 42/18 PC Mtas Jar. 13,27 12$.00 TOTAL DOE V£VDUR--------j 17x.02 42112 42118 02/12 42/186,961.54 basic 1e", -al Svcs-J3r; S:;?rial L:?:;al svcs-Jdn 525.52 TOTAL DUE VENDER --------> 7,487.00 92112 02/18 92028 51;101-14inute Pam '47.89 TOTAL DOE VENDOR --------) 147.69 T C D -111i _IFIRJ........... J�. ? NAME A fj BA I T ;NI3 N R Y I kl� j%'j jA:E - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - Vey 7 a h ve" S" ? I 92,.Me Flu Pow..111 127/9Z 22;12 22/t8 9:IdW Pifis & 192C 4. t ILITAI, DOE 'VENDOR ")TTS r lk Isus i lips r, 7 2021AC @Ii1791 02/12 @2/18 I? Soon 11P.5 TUAL DUE 'YENDUR j>bbie llr* ran 13.94 M,1-21, 17 2 22218" 92/12 02/18 Permit Refund G fAL DUE YuNDUR -------- 1:3.04 *021-431.6 2115 2 20218D 02/12 92!16 Annual Metbersfiip-Janiel 25M TOTAL DUE VE45GR --------- " YSM PUS H:7alth ierefits WI-2110-I9x3 P 70 S' +? a I t h 1 MM e2/12 02118 Health ins Prems-Feb 6,566.94 1001 -141t -Wo I WIH 22112 02/18 Adun Fws 3 1. 92 401-40991080 2 20110 92/12 02/18 ASvin Fees Adj 0.67 TOTAL DIjC VENDOR P.3c Tal Paging ParT-,-IPaq +921-4411-21.381 222183 92/12 @2118 Feb Beefier Svc-'Luter 14.91 TOTAL DUE VENDOR --------> 14M Par.2s?tt,qr Buildifig Svcs Pau;oWer 3,M.6� +@91-4229-5221 I 202189 02/12 02JI8 1461, Plan Chk Svcs -Jan M1-4222-5291 2 20216D 22/I2 02118 2893 BIdQ ls,.Dect-Jan IIIIAL DUE VENDOR -------- 16,628.71 Judy 154 20218A. 0/12 92118 24U Recreation ReKind 44.92+M-3:176 TUTAL DUE VENDUR --------> 149.03 Payroll Transfpr FavviliTr 02/12 @21118 Payroll Transfer P? U 4@,2O9m 02/18/92 000400293 +021-1922 2 MIK TOTAL PH-EPAID AMOUNT 40.208.09 TOTAL DUE VENDOR -------->0.09 L R 7 3 q % . . . . . . . . . . . . . V"E,NDOR NAKC E D" I !jT R I -Q NflJ1 J'H - - - - - - - - - - - - - - - - - 'N R - -- - - - - - Y - - - - - - ilE 8 -1 p - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A m 0 UN _1 - - - - - - - - - - - - E A t - - - - - - - - - - - - - - - - zr,oni Val.lev uitar ',*.r, I ;_ 2?21A'l 02/1? 02112 kimaL Cmtruj. Swc4-Fe6 4.137.0? U TAL 01:F_ VI:NDO', --------- 4.1-47.0 P!"t;731'a By Postane Replen;shrent 50.00 MAL NE V,c-%)uR S00.02 I Ret i r. -Oke At *001-1231 2 20218E 02112 02118 A/R Uninvoiced 493.45- 0211602 0090,11?64 M11_2110_I226 3 2021.4E 02/12 02/18 Eiplw?r Contrib-PP 33 3.899.45 22/18192 000013%14 {021-211e-1008 4 202187 V/12 02/18 Emplom, Contrib-PP 43 2..113,01 0/114/92 0000013264 TOTAL PR'UMD AMOUNT -> 51.729.01 TOTAL DOC VFNDfiR -------- 0.00 Richter, John I59 +031-3!178 3 20216A 0112 02/16 2572 Recreation Refund 33.00 !UAL DUE VEINDIUR -------- 33.0 RofiVr.,n2pr&Assnc C.F. Ilic RKI MI -4551-5223 2 2021AD Vi12 02118 926526 Plan Ctieck Svc -,-Dec. 2.415.42 TOTAL PI;E VENDOR -------- 2,415.42 Izir Sr,?pdy 5 i r -G!,ii d Y +001-4090-2110 4 202189 02/12 02118 Stationary SuuuliFs 96,44 TOTAL DUE VENDOR -------- 98.44 Solithern Ca Pas Cu SoCiPas #01-4313 2126 2 WIN 02/12 02116 .Tan Gas Svcs-Heritale Prk 222.54 TOTAL DUE VENDOR -------- 222,54 Southern ra. Edison SoCaEdison *01-4555-2126 3 29218D 02112 02/18 Traffic Control -Jan 92 1.898.37 TOTAL DUE VENDOR -------- 1,996.37 Southern ra, Edison WaFdison f141-45+1-2126 2 20216D 02112 02118 Jan Elect Svcs -Dist 41 20.51 TOTAL DUE VENDOR --------> 8 t R. J . . . . . . . . . . . . Bif To, 1 i I- J - --------------------------------------------- ------------------ ----------------------------------------------------------------------------- t- In 711 1A v c Dist 3`, 11'v.67 F - ------- --.% 114.62 IA. W -1-3t3 2126 1 20181a 2 X2/18 i0l 4322 -?126 -t Z. '2j18 Ni 12 4 "an -Rpdf)an Prk V6. 81 1,11AL DOL VEN10 -------- l2t. 36 r4o I t a t n -, Shoo, AQ tater *0a1-432ul-2?1@ 2 20118A olile"'i 02/12 07i16 SM? 4 897.39 TOTAL DOE VENDOR -------- "197.39 Tribune Tribun? @@1-409@-23s? 16.09 TOTAL DUE VC417UR--------- ! 16.02 4@L1-211@-1099 1 20228D @711? 02/18 United Contrib-DP' 42h 148.50 TOTAL DUE V'CNDCR -------- 140°52 +001-4936-2310 10 2021AJ 0112 02118 034827 Fuel-ACIOT 8.28 1001-1429-239 9 20218D 02112 92/18 43981 Fuel-Acmqr 14.87 M1-439-2310 11 202181 GI12 V/18 8IS22t, Fuel-ANgr 12.9`8 iOTAl- DUE VENDOR --------> 15.91 'ialmit Ylv Watn Dist t8@i 4319 21.26 1 M18D e2/12 92/18 Water Usage-Pkervai Prk 2.,� 1051-4128-2126 2 7-9218D 02/12 'KM6 Watsn Usalge-Sumnitrdlig 1,429.85 ta81-.4hl-2126 2 28218D 02112 0/16 Water Usage-SyLasure Cyn 424.70 - 10TAL DUE VENDOR -------- lialout Viv liatnt Dist 4,4vatf?r5is 41311-4539-2176 3 28218D 02/17 02118 WRtF.kT Usaqte DiFt 139 2,671.17 TOTAL DUE VENDOR ---------- ) 2,671.17 Walnut Vly witn Nit 40attedis +1R,-L,,S,1A-2t26 4 20218D 02112 @2118 Watp-r U"ge-Dist IM 2,64.68 MAL ME VENDOR --------% 21640.66 AN IN: 0846 TE a.. 1 WHO Nvt Von j, f ---TO---S---M----H---P-I----A---m---, ----E-V--R--A-D-s- ogH, D PKAAo WU Dr,a -- =R2\\\\5 COVU 3X%0 OHOW1 ank >£ 41A MML ME VaRp 41"1 TUITALI Pf,,L:.PAIU, ----------- > TU9L DUE --------------- ) TUTALI REPORi ------------- 13 (9 t§ 4 J Ji T F R E JR LiuMMARY .............61 18 92 JN! &, T be !j 1 U:� -------------------- G A! rd, V E 1! F F (P E N R4.i,%,t 'JE ----------- ----------- ------------------- -------------------------- ------------------------------------------ Fj,)C, I 11';i rand V Corst cu 141 LI-AD jl#i 7 W'd i.•14 Q -3k LAD SPA Fjnd Of 4.1 7iAL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -- - - - - - - - - - CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. IZ_L_ TO: Robert L. Van Nort, City Manager MEETING DATE: February 18, 1992 REPORT DATE: February 11, 1992 FROM: Terrence L. Belanger, Assistant City Manager TITLE: PROFESSIONAL SERVICES AGREEMENT - EMERGENCY PREPAREDNESS SUMMARY: The City has been approved to participate in the Federal Emergency Management Assistance (EMA) program for Federal Fiscal Year 1992. This program provides Federal matching funds to assist state and local governments in retaining skilled emergency services personnel to administer local emergency management programs. Accordingly, the City has prepared a Professional Services Agreement for the purpose Of retaining a part-time emergency services coordinator to fulfill its EMA eligibility requirements. RECOMMENDATION: It is recommended that the City Council approve the attached Professional Services Agreement pertaining to the performance of emergency preparedness services and authorize the City Manager to execute said agreement on the City's behalf. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) -X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? _X Yes _ No 2 • Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? N/A — Yes — No Which Commission? —. Yes _ No 5. Are other departments affected by the report? N/A Report discussed with the following affected departments: _ Yes — No —�j Robert L. Van Nort City Manager Terrence L. Belanger Troy utzlaff Assistant Ci Manager y City g Assis the M er MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. February 18, 1992 Honorable Mayor and Members of the City Council City Manager Professional Services Agreement - Emergency Preparedness ISSUE STATEMENT: The City has been approved to Assistance (E Participate in the Federal Emergency Management program for Federal Fiscal Year 1992. This program des Federal matching funds to assist state and local skilled emergency services personnel to administer local emergency management programs. governments in retaining g Accordingly, the City has prepared a Professional Services Agreement for the purpose of raining a et coordinator to fulfill its EMA eli 'b• Part-time emergency ser RECOMMENDATION: V ility requirements. vices It is recommended that the City Council a Services Agreement pertaining to the Pprove the attached Professional services and authorize the Cit Performance of emer enc City's behalf. Y Manager to execute said agreementpreparedness the FINANCIAL SM04ARY: Expenses accrued, for the proper and efficient administration of the C' t emergency management program, are equally matched by Federal funds under the to retain aEMA appropriation of $30,000 has been established Year Part-time emergency services coordinator for this Federal Fiscal (FFY) which runs through September 30 previously budgeted $15,000 in anticipation of Zits The involvement Council has program. However, due to a later than a this adjusted contribution to this expected commencement date, the City's program will be $7,500 for this fiscal year. BACKGROUND: The Federal Emergency Management A enc Y (FEMA), through the State Office of Emergency Services (OES Ag enc has selected the City to participate in the Emergency Management Assistance (EMA) The EMA program was organized witprogram ebject ve Federal for ofFiincreasin 1992. operational capability for emergency management at State and local levelsof government. DISCUSSIONS The EMA program provides 50 management percent matching funds to support emergency a full en personnel. To receive Federal matching funds, the City must have part-time emergency services coordinator to administer its emergency management programs. In addition to the ongoing administration of the EMA program, the City's emergency services coordinator will be specifically responsible for: o Development a Multi -hazard Functional Plan consistent with State of California Guidelines; o Coordination of periodic training activities and disaster exercises with various Federal, State, and County agencies; o Preparation of an ongoing public information and disaster preparedness campaign. In January, a panel consisting of City staff and representatives from both the Los Angeles County Sheriff's and Fire Departments was assembled to interview candidates for the position of Emergency Services Coordinator. After careful consideration of the candidates interviewed, the board unanimously recommended that Philip Armentrout be appointed to this position. Mr. Armentrout has over ten years of experience in fire protective services and presently serves as a Captain with the Chino Valley Fire District. He comes to the City with a diverse background in emergency management with an emphasis in hazard identification and analysis. For the purpose of fulfilling its EMA eligibility reg Professional Services Agreement has been devised tor ret in a part-time coordinator. This document has been reviewed by the City Attorney's office and has been approved in both form and content. Therefore, staff would recommend that the City Council approve the Professional Services Agreement authorizegtheothe City Manager tonce Of execute emergency s id eagreement preparedness services and of the City's behalf. PREPARED BY: Troy L. Bu Z1 f, istant to the City Manager PROFESSIONAL SERVICES AGREEMENT EMERGENCY PREPAREDNESS SERVICES This Agreement is made and entered into this 4th day of February, 1992, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and PHILIP ARMENTROUT, an independent contractor (hereinafter referred to as "CONSULTANT" A. Rec_. (i) CITY has heretofore issued work specifications pertaining to the performance of emergency preparedness services, a full, true and correct copy is attached hereto as Exhibit "A" and by this reference made a part hereof. (ii) CITY has received notification of its eligibility to participate in the California Emergency Management Assistance (EMA) Program for Federal Fiscal Year 1992. An approved 1992 Federal Fiscal Year (FFY) Workplan describing work activities which CONSULTANT is to undertake ("Project" hereafter), a full, true and correct copy of which is attached hereto as Exhibit "B" and by this reference made a part hereof. (iii) CONSULTANT represents that he is qualified to Provide emergency preparedness services to CITY as an independent contractor and has submitted to CITY a proposal for such services, a full, true and correct Copy of which is attached hereto as Exhibit "C" and by reference made a part hereof. (iv) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's City Council and staff in the preparation of Project. (v) CONSULTANT represents that he is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Acreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) P o'ect: The completion of the California Emergency Management Assistance Program Annual Workplan for Federal Fiscal Year 1992 as described in Exhibit "B" hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project. (b)Svices: Such professional services as are necessary to be performed by CONSULTANT in order to complete the Project. (c) Completion Of Project: The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, 'oral presentations and attendance by CONSULTANT at public hearings as set forth in the Annual Workplan Projections, OES FORM 117a, 117b, 117c of Exhibit "B" hereto. 2 2. CONSULTANT agrees asfollows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "B" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "B" to CITY within the time specified in Exhibit "B". Copies of the documents shall be in such numbers as are required by the State Office of Emergency Services and described in Exhibit "B". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2.(b) may be extended upon written approval of CITY. (c) CONSULTANT shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute providing CONSULTANT is able to respond to the CITY within sixty (60) minutes from the time the CITY communicates with said answering service. 3. CITY agrees Al follows: (a) To pay CONSULTANT a maximum sum of $30,000 for 3 the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis not to exceed $2,300 per month, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with the breakdown of salaries and benefits contained in Exhibit "A" either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibit "A". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in the work specifications as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the breakdown of salaries and benefits set forth in said Exhibit "A". Charges for additional services shall be invoiced on a monthly basis and shall 4 be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees .to provide to CONSULTANT: (a) Information and assistance necessary to complete work specifications as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the Project. (c) Such information as is generally available from CITY files applicable to the Project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Own rsh 2 2f DocMmen c: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of 5 termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "B", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. In no Event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set -forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: TERRENCE L. BELANGER ASSISTANT CITY MANAGER 21660 E. COPLEY DRIVE SUITE 100 DIAMOND BAR, CALIFORNIA 91765 CONSULT N'�' PHILIP ARMENTROUT 276 WEISSHORN DRIVE CRESTLINE, CALIFORNIA 92325 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 6 S. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Workers' Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement" (b) Public Liability and property ma e: Throughout the term of this Agreement, at CONSULTANT's sole cost 7 and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars ($1,000.000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One 'Killion Dollars ($1,000,000.00) for property damage. M dITY (d) e a ID"S-4=2 Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additionally insured CITY, its elected officials, officers, employees, agents and representatives. All policies shall contain language, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance 8 that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of Seventy-five dollars ($75.00) per day for each day CONSULTANT is in default, which sum represents a 9 reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT is an independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing mow,: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, 10 third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: Approved As To Form: City Attorney r.VV011*1AP 11 CONSULTANT CITY OF DIAMOND BAR City Manager City Clerk CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Robert L. Van Nort, City Manager MEETING DATE: February 18, 1992 REPORT DATE: February 11, 1992 FROM: Terrence L. Belanger, Assistant City Manager TITLE: PROFESSIONAL SERVICES AGREEMENT - EMERGENCY PREPAREDNESS SUMMARY: The City has been approved to participate in the Federal Emergency Management Assistance (EMA) program for Federal Fiscal Year 1992. This program provides Federal matching funds to assist state and local governments in retaining skilled emergency services personnel to administer' -. local emergency management programs. Accordingly, the City has prepared a Professional Services Agreement for the purpose of retaining a part-time emergency services coordinator to fulfill its EMA eligibility requirements. RECOMMENDATION: It is recommended that the City Council approve the attached Professional Services Agreement pertaining to the performance of emergency preparedness services and authorize the City Manager to execute said agreement on the City's behalf. LIST OF ATTACHMENTS:_A Staff Report — Resolution(s) _ Ordinances(s) _X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: — Public Hearing Notification — Bid Specification (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? — 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A Yes No Which Commission? — — 5. Are other departments affected by the report? N/A _ Yes No Report discussed with the following affected departments: — REVVE)WED ; BY: ,,ED Robert L. Van Nort Terrence L. Belanger City Manager Assistant City Manager TroIf utzlafAssthe M (aler CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 18, 1992 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Professional Services Agreement - Emergency Preparedness ISSUE STATEMENT: The City has been approved to participate in the Federal Emergency Management Assistance (EMA) program for Federal Fiscal Year 1992. This program provides Federal matching funds to assist state and local governments in retaining skilled emergency services personnel to administer local emergency management programs. Accordingly, the City has prepared a Professional Services Agreement for the purpose of retaining a part-time emergency services coordinator to fulfill its EMA eligibility requirements. RECOMMENDATION: It is recommended that the City Council approve the attached Professional Services Agreement pertaining to the performance of emergency preparedness services and authorize the City Manager to execute said agreement on the City's behalf. FINANCIAL SUMMARY: Expenses accrued, for the proper and efficient administration of the City's emergency management program, are equally matched by Federal funds under the EMA program. A total program appropriation of $30,000 has been established to retain a part-time emergency services coordinator for this Federal Fiscal Year (FFY) which runs through September 30, 1992. The City Council has previously budgeted $15,000 in anticipation of its involvement in this program. However, due to a later than expected commencement date, the City's adjusted contribution to this program will be $7,500 for this fiscal year. BACKGROUND: The Federal Emergency Management Agency (FEMA), through the State Office of Emergency Services (OES), has selected the City to participate in the Emergency Management Assistance (EMA) program for Federal Fiscal Year 1992. The EMA program was organized with the objective of increasing the operational capability for emergency management at State and local levels of government. DISCUSSION: The EMA program provides 50 percent matching funds to support management pport emergency g personnel. To receive Federal matching funds, the City must have a full or part-time emergency services coordinator to administer its emergency management programs. In addition to the ongoing administration of the EMA program, the City's emergency services coordinator will be specifically responsible for: o Development a Multi -hazard Functional Plan consistent with State of California Guidelines; o Coordination of periodic training activities and disaster exercises with various Federal, State, and County agencies; o Preparation of an ongoing public information and disaster preparedness campaign. In January, a panel consisting of City staff and representatives from both the Los Angeles County Sheriff's and Fire Departments was assembled to interview candidates for the position of Emergency Services Coordinator. After careful consideration of the candidates interviewed, the board unanimously recommended that Philip Armentrout be appointed to this position. Mr. Armentrout has over ten years of experience in fire protective services and presently serves as a Captain with the Chino Valley Fire District. He comes to the City with a diverse background in emergency management with an emphasis in hazard identification and analysis. For the purpose of fulfilling its EMA eligibility requirements, the attached Professional Services Agreement has been devised to retain a part-time coordinator. This document has been reviewed by the City Attorney's Office and has been approved in both form and content. Therefore, staff would recommend that the City Council approve the Professional Services Agreement pertaining to the performance of emergency preparedness services and authorize the City Manager to execute said agreement of the City's behalf. PREPARED BY: Troy L. Butzl f, istant to the City Manager EXHIBIT "A" WORK SPECIFICATIONS EMERGENCY SERVICES COORDINATOR DEFINITION Under the general direction of the City Manager's Office, the Emergency Services Coordinator provides assistance in planning, directing and reviewing the activities and operations of the City's disaster and emergency services programs. EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following: Administer the daily logistics of the City's Emergency Management Assistance (EMA) program including the preparation of Federal, State, and City reports as required. Participate in the development of a Multi -hazard Functional Plan consistent with State of California guidelines. Conduct research and develop recommendations for an ongoing program of review and necessary revision of the City's Multi -hazard Functional Plan, including attack preparedness, to ensure adequacy Of its basic information, annexes, hazard analysis and resource directory. Assist in developing, through coordination with various City departments and other local agencies, all necessary and required support annexes to the City's emergency plan. Coordinate periodic training activities and disaster exercises with the Federal Emergency Management Agency, State of California Office Of Emergency Services, Los Angeles County Office of Emergency Management, and other local agencies and organizations. Provide or coordinate staff training on the City's emergency plan and general emergency practices, including but not limited to: first aid, search and rescue techniques, damage survey and assessment, disaster communications. Develop and participate in public information activities including the preparation of an ongoing public information campaign aimed at schools, businesses, and community groups. Serves as staff advisor to the Director and Assistant Director of Emergency Services regarding disaster preparedness training programs, actual emergencies, and recovery assistance programs. EMERGENCY SERVICES COORDINATOR PAGE: TWO Represent the City at meetings by making presentations to explain the City's emergency services program and the status of projects and/or activities. Participate actively in the coordination of the Emergency Operations Center (EOC) and maintain operations as required throughout an emergency situation. Perform related duties and responsibilities as required. Ability to: o Provide effective leadership and coordinate the activities of an emergency services program. o Plan, organize and carry out assignments from the City Manager with minimal supervision and direction. o Understand and follow procedures to complete assigned tasks and assure efficient program operations with minimal administrative delay. o Effectively participate in the administration of a emergency services program including administrative and budgetary activities. o Analyze, interpret, summarize and present administrative and technical information and data in an effective manner. o Ability to represent the City before a wide variety of other public agencies, community organizations and businesses. o Analyze problems, identify alternative solutions, determine the projected consequences of a proposed action, and make recommendations for implementation. o Prepare and present written and oral reports to explain findings and provide recommendations on matters related to program policies, procedures and operating methods. o Establish and maintain effective relationships with members of the community, City staff, and representatives of public or private agencies. Minimum Qualifications: Experience - Two years of increasingly responsible emergency service planning experience including the development, evaluation and recommendation of emergency preparedness policies, procedures and programs. Education - Equivalent to an Associate of Science degree from an accredited college or university with major course work in public safety, public administration, or a closely related field. EMERGENCY SERVICES COORDINATOR PAGE: THREE Tra_ inina - Completion of a preparedness planning. training course in emergency License or Certificate - Possession of a valid California driver's license. Knowledge of - Must possess knowledge of the major principles, practices and techniques of emergency management in the public sector; preferably in a municipality; general knowledge of principles of organization, management, program implementation, review and analysis. BREAKDOWN OF SALARIES AND BENEFITS EMERGENCY SERVICES COORDINATOR (RPM)* .50 EMA Staffing (20 Hours/Week - 80 Hours/Month) Net Monthly Salary: $2,300 Commensurate Compensation (Hourly): $28.75 Annual EMA Eligible Salary: $30,000 Benefits - None Paid (Independent Contractor) Total EMA Eligible Salary: $30,000 Gross Annual Salary (Federal Share) $15,000 *NOTE: This position is classified as an independent contractor pursuant to Fair Labor Standards Guidelines. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. y TO: Robert L. Van Nort, City Manager MEETING DATE: February 18, 1992 REPORT DATE: February 5, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Grading Bond Exoneration for the Diamond Bar Mobile Home Estates, located at 21217 Washington Street SUMMARY: The City of Diamond Bar desires to exonerate the grading surety bond posted for the Diamond Bar Mobile Home Estates, at 21217 Washington Street in an amount of $61,432. RECOMMENDATION: It is recommended that the City Council approve and accept the grading of the first phase of the Diamond Bar Mobile Home Estates and exonerate the surety bond posted for said grading. Further, it is recommended that the City Clerk notify the Ohio Casualty Group of the City Council's action. LIST OF ATTACHMENTS:X Staff Report — Resolution(s) — Ordinances(s) — Agreement(s) EXTERNAL, DISTRIBUTION: SUBMITTAL CHECKLIST: — Public Hearing Notification — Bid Specification (on file in City Clerk's Office) Other 1 • Has the resolution, ordinance or agreement been reviewed by the City Attorney? — Yes X No 2. 3. Does the report require a majority or 4/5 vote? Has environmental impact been assessed? Majority 4. Has the report been reviewed by a Commission? — Yes X No Which Commission? N/A —Yes X No 5. Are other departments affected by the report? Report discussed with the following affected departments: N/A —Yes X No REYU' jiED BY: 4bert L. Van "Nort ' Terrence L. Belanger Sid J. Mousavi City Manager Assistant Cit Manager Y g Public Works Director MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT CITY COUNCIL REPORT AGENDA NO. February 18, 1992 Honorable Mayor and Members of the City Council Robert L. Van Nort, City Manager Exoneration of Grading Surety Bond This report requests the exoneration of a surety bond posted for grading for Diamond Bar Mobile Home Estates, located at 21217 Washington Street in Diamond Bar. RECOMMENDATION It is recommended that the City Council approve for exoneration the surety bond posted with The Ohio Casualty Group for grading at 21217 Washington Street in an amount of $61,432. FINANCIAL SUMMARY This recommendation has no financial impact on the City's budget. BACKGROUND In July 1980, a bond for grading at 21217 Washington Street was issued with the intention to construct the entire project. However, the developer elected not to build out the entire project, leaving 29 future pads. Since that time, the property has been transferred from Los Angeles County to the City of Diamond Bar and the City determined that the developer must obtain a new Conditional Use Permit approval for the completion of the remaining pads. As a result, a new CUP was approved in June 1991 and a grading permit for these additional spaces was issued in December 1991. In association with this grading permit, a $15,000 grading bond has been lodged with the City of Diamond Bar. Since a new bond for unfinished grading at 21217 Washington Street has been received by the City and previous work with the County is satisfactorily completed, the bond posted in 1980 for said work needs to be released. DISCUSSION The following listed surety bond needs to be exonerated: Address: Owner: Tract No.: Bond Number: Principal: Amount: PREPARED BY: Sid Jalal Mousavi 21217 Washington Street Diamond Bar Mobile Home Estates 2166 2-160-005-7 The Ohio Casualty Group $61,432 McxjERMOiT ENGINEEKANG CIVIL ENGINEERING • LAND PLANNING • SURVEYING OCTOBER 29, 1990 CITY OF DIAMOND BAR RECEIVED 21660 E. COPLEY DR., SUITE 100 DIAMOND BAR, 91765-4177 OCT 3 , 1"D ATTENTION: RON KRANZER CITY ENGINEER RON KRANZER& ASSOC. RE: GRADING BOND RELEASE DEAR RON; WE ARE ASKING THE CITY OF DIAMOND BAR TO REQUEST A RELEASE OF THE GRADING BOND NO. 2-160-005-7 ISSUED IN JULY 1980 FOR THE BENEFIT OF THE DIAMOND BAR MOBILE HOME ESTATES AT 21217 WASHINGTON STREET FROM THE COUNTY OF LOS ANGELES. AT THE TIME THE BOND WAS ISSUED THE ENTIRE PROJECT WAS TO BE BUILT. THE DEVELOPER ELECTED NOT TO BUILD OUT THE ENTIRE PROJECT AND LEFT A REMAINDER OF 29 FUTURE PADS. SINCE THAT TIME THE PROPERTY HAS TRANSFERRED FROM THE COUNTY TO THE CITY OF DIAMOND BAR, AND THE CITY HAS DETERMINED THE ADDITIONAL SPACES REQUIRE A NEW USE PERMIT APPROVAL TO -COMPLETE THIS PROJECT. THEREFORE, WE REQUEST A RELEASE FOR THE ORIGINAL BOND SINCE NO ADDITIONAL WORK WILL BE PERMITTED UNDER IT, AND A NEW GRADING BOND WILL BE REQUIRED WHEN THE PLANS NOW IN FOR APPROVAL. IF YOU HAVE ANY QUESTIONS OR REQUIRE ANY FURTHER DATA, PLEASE CONTACT ME AT THE NUMBER BELOW. VERY TRULY YOURS. BURT MA E W CC: OHIO CASUALTY GROUP ORANGE COUNTY OFFICE 303 N. Placentia Avenue • Suite E • Fullerton, California 92631 • 714-572-0376 FAX 714.572-0378 RANCHO CALIFORNIA OFFICE 18075 La Ventana • Murrieta, California 92632 • 714.677.7992 � The Ohio Casualty GrO Up of Insurance Companies yes `tgg BRANCH OFFICE: 2420 East Lincoln Avenue, Anaheim, California 92808 - Telephone: 714!758.9400 2?9/6gd-$03' Mailing Address: P.O. Box 3120, Anaheim, California 92803 WATS: 800/824-4013 FAX: 714/758-1344 STEPHEN G. SANKER, Bond Manager SECOND REQUEST PLEASE REPLY 10/24/90 September 20, 1990 ;2 Diamond gar Mobile Estates P.O. Box 11927 Santa Ana, California 92711 Re: Bond No. 2-160-005-7 Diamond Bar Mobile Estates Gentlemen: We issued the captioned bond in July of 1980 for a Grading Permit Bond covering Property at 21217 Washington like to think that the obligatiounder this in has California. I would County of L.A. should be able to release has been completed and the get a response frau the yrnax' bow • We have been unable to assistance. County of L.A. and respectfully request your forward it to so kind in as to get a release under the captioned bond and at the it �, address and telephone number of someone Y who can release this bond for us. _ If the bond is .not_to be released yet - - completion date for our records, , please advise the anticipated to give me a call. If I can be of assistance, please feel free Thank you for your help. Very truly yours, THE OHIO CASUALTY INSURANCE COMPANY Sharon A. McGuinness Fidelity & Surety Dept. lm The Ohio Casualty Insurance Company - West American Insurance Company - American Fire & Casualty Company The Ohio I.ife Insuranrr Comnanv - Ohio Security Insuranrr Comnanv - Oracrn a„a.,,.. .__ 17eAUIT CE 807 (REV Iin8) ;. APPLICATION FOR GRADING PERMIT COUNTY OF LOS ANGELES BUILDING AND SAFETY FOR APPLICANT TO FILL IN ADDRESS o�/T%" G(��I`� ✓? TO/L E r DRESS a 1111 !"^I •J�T)J (1t, .�• T ,�} LOCALITY /T4 /11�/ T BLOCK MBERS [NU NEAREST tZ �� �� ?��' ��\/ CROSS ST. .✓ . ACT DISTRICT No, MAP NO. STATE HWY. B MBE{R�/�Iy� YES❑ NO ®sNERf) } 4 6� fib It I LC-G� 1 S CUBIC YDS. `� po O USE ZON SPECIAL �L�-�r CONDITIONS t%� , 1 MAIL pHANDLEDDRESS N�0 1 T. -AP, �I, 2r� TEL. - CITY _r'.. NO. 1 �- S (� k vs t) j� % 1 STATE T y ENGINEER' S u REG. NO. a MAIL r - ADDRESS H o'h QAyk1-"- TEL` CITY OfAA ,4A NO. 71At IADDRESSI'41oi GRADINGTE -, 31_ THIS IS A LIMITED TIME PERMIT CONTRACTOR %C 9A nn 0 w o "1046A — -r j STI --J ALL WORK AUTHORIZED MUST BE COMPLETED BY PROPOSED USE OF G ADED SITE(S) LIME LIMIT: M 081 L tc m ii /At,( EXTENDED TO: BY: EXTENDED TO: BY: FINAL DATE BY DRAW ❑CHECK IF SUPERVISED GRADING SIGNATURE p OF APPLICANT ,z TEL ADDRESS NO. ° a o =� . y � 4 v � � c' `R SU V I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION AND STATE THAT THE ABO IS CORRECT AND AGREE TO COMPLY WITH ALL i 6 r 0 9 °; ^ -"� n<=Wh°p= ; � COUNTY ORDINAN AND ST LAWS GU TI G EXCAVATING AND GRADING. p _ zW p� misc. O<< v zQ 85u4�K `< jox SIGNATURE OF PERMITTEE i D 3 it z P 6° > z 1 It Z G W-ggo>g O i "„' s 1 57 1'A ADDRESS I 410 t/o�`� �� �TO1;T, CITY "� No //�' %��-i t;h j Zi O��oii a ��jif m� -_ i 3 � O � o� z �p 3 = Q ��• •`• • • 4� • ( 1 I �. •' •' 7 1,1� C, 0 SURETY S BOND BOND J NO. SURETY t COMPAN <' >r -- °C Z = - T tm Hv -) < I '- '1. . () ? P ! DATE C'D 5 FILEDIJTK.'-i Sr CASHKIZ RECD REPO FILED DEPOSIT BY <Q-0Z91ZF 0Wz4-'z4 N > *oo "� �f P.C. Fee $ ! /' Permit Fee z a�< Issuance Fee z��pl>r5< gi3i~O Zz3kF .im�.az >! T n so of Total Fee CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 57, W: Robert L. Van Nort, City Manager MEETING DATE: February 18, 1992 REPORT DATE: February 10, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Exoneration of Grading Bond for Condominiums at Silver Hawk and Dublin Lane on Tract 38454 SUMMARY: The City of Diamond Bar desires to exonerate a $117,000 faithful performance surety bond posted by Insurance Company of North America for grading construction on Tract Number 38454. On January 24, 1992, inspection for said work was finaled by the Department of Public Works. RECOMMENDATION: It is recommended that the City Council approve and accept grading construction on Tract Number 38454 and exonerate the faithful surety bond posted in an amount of $117,000. Further, it is recommended that the City Clerk notify the Surety Company and the Developer of the City Council's action. LIST OF ATTACHMENTS:X Staff Report _ Resolution(s) Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed?_ Yes X No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? N/A 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: N/A M Robert L. Van Nort City Manager Terrence L. Belanger Assistant City Manager Si . Mousavi Public Works Director MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT CITY COUNCIL REPORT AGENDA NO. February 18, 1992 Honorable Mayor and Members of the City Council Robert L. Van Nort, City Manager Exoneration of Grading Bond for Tract Map Number 38454 at Silver Hawk and Dublin Lane This report requests the exoneration of a faithful performance grading surety bond posted for 109 -unit Werbel Homes located on Tract Number 38454 at Silver Hawk and Dublin Lane. RECOMMENDATION It is recommended that the City Council approve the exoneration of the bond Posted for grading on Tract Number 38454 in an amount of $117,000. Further, it is recommended that the City Clerk notify the Surety Company and the Developer of the City Council's action. FINANCIAL SUMMARY This action has no impact on the City's 1991-92 budget. BACKGROUND This $117,000 grading surety bond was posted on November 11, 1982 by State Savings and Loan for grading carried out on Tract Map Number 38454. These Werbel Condominium Homes on Silver Hawk Lane and Dublin Lane, off Diamond Bar Boulevard, received final grading sign -off by Los Angeles County in October, 1989. After final grading sign -off, all project files were transferred to the City of Diamond Bar from Los AngelCounty upon theincorporation. The time span accrued between f in grading sign -off Land landscaping sign -off is a combined result of the time period involved in researching the project files and the time frame required for establishment of landscaping. The landscaping for the 109 units was signed off by the Landscape Architecture and City of Diamond Bar Public Works Inspector,in January, 1992. DISCUSSION The following listed surety bonds needs to be exoner ted: Tract No.: Bond Number: Principal: Surety: Amount: PREPARED BY: Sid JAW Mcuayi 38454 KO 16-27-47-8 State savings and Insurance Company $117,000 Loan Association Of North America CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Robert L. Van Nort, City Manager MEETING DATE: February 18, 1992 REPORT DATE: February 10, 1992 FROM: Sid 1. Mousavi, City Engineer/Public Works Director TITLE: Exoneration of Bond for Sanitary Sewer Improvement at Leyland Drive SUMMARY: The City of Diamond Bar desires to exonerate a $270,000 faithful performance surety bond posted by Bramalea Limited, Inc., an Ontario, Canada corporation for the improvements of private contract numbers 10237 and 10237A sanitary sewers on Tract Number 31850 on Leyland Drive. According to the Los Angeles County Department of Public Works, the construction of these sanitary sewers have been completed in compliance with the plans and specifications. RECOMMENDATION: It is recommended that the City Council approve and accept the sanitary sewer improvements on Tract Number 31850 and exonerate the surety bond posted in an amount of $270,000. Further, it is recommended that the City Clerk notify Los Angeles County, the Principal and the Surety Company, of the City Council's action. LIST OF ATTACHMENTS:X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) _ Other — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? —Yes X No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? Which Commission? N/A _Yes X No 5. Are other departments affected by the report? Report discussed with the following affected departments: N/A —Yes X No RENXWED BY- Robert L. Van Nort Terrence L. Belanger Si . Mousavi MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT CITY COUNCIL REPORT AGENDA NO. February 18, 1992 Honorable Mayor and Members of the City Council Robert L. Van Nort, City Manager Exoneration of Sanitary Sewer Improvement Surety Bond This report requests the exoneration of a faithful performance surety bond posted for sanitary sewer improvements for Tract Number 31850, constructed under private contract numbers 10237 and 10237A. RECOMMENDATION It is recommended that the City Council approve and accept sanitary sewer improvements on Tract Number 31850 and exonerate the surety bond posted in an amount of $270,000. Further, it is recommended that the City Clerk notify the County, Principal, and Surety Company of the City Council's action. FINANCIAL SUMMARY This action has no impact on the City's 1991-92 budget. BACKGROUND The construction of sanitary sewers on Leyland Drive, guaranteed by the improvement security listed below, and constructed under the subject private contract numbers 10237 and 10237A, has been completed in compliance with the plans and specifications of the Los Angeles County Department of Public Works. After the City Council accepts the sanitary sewers, they become public property, allowing proper maintenance to be provided. Also, the City Engineer may then issue permits for additional connections and extensions of the main line sewer for the use of other residents of the City. DISCUSSION The following listed surety bond needs to be exonerated: Tract No.: 31850 Bond Number: 83SB-100-426-683 Principal: Bramalea Limited Surety: The Aetna Surety and Casualty Company Amount: $270,000 PREPARED BY: Sid Jalal Mou$ vi THOMAS A. TIDEMANSON, Director September 19, 1991 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (8 18) 458-5100 ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Council Members: SANITARY SEWER IMPROVEMENTS PRIVATE CONTRACT NOS. 10237 & 10237A TRACT NO. 31850 IN REPLY PLEASE REFER TO FILEL-5 The construction of sanitary sewers guaranteed by the improvement security listed below, and constructed under the subject private contract, has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve the work that has been completed and accept for public use the sanitary sewers. 2. Exonerate the following listed surety bond: Bond Number 83SB 100 426 683 Amount - $270,000 Surety - The Aetna Surety & Casualty Company 100 West Broadway Glendale, CA 91210 Principal - Bramalea Limited 3151 Airway Avenue, Suite N Costa Mesa, CA 92626 After the sanitary sewers become public property by your formal acceptance, proper maintenance can be provided and the City Engineer can issue permits for additional connections and extensions of the main line sewer for the use of other residents of the City. The City Council City of Diamond Bar September 19, 1991 Page 2 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal, and this office. Very truly yours, T. A. TIDEMANSON Director of Public Works N. C. DATWYLER Assistant Deputy Director Land Development LG:ac/31850 -.;ND NO: 83SB-100426683 PREMIUM' $3,240,00- LOS 3,240 00 LOS ANGELES COUNTY PUBLIC WORKS DEPARTMENT FAITHFUL PERFORMANCE BOND C(DPY KNOW ALL MEN BY THESE PRESENTS: That we, Bramalea Limited, An Ontario, Canada Corporation Name of 3151 Airway Avenue, Suite N, Costa Mesa, California 92626 , Address as PRINCIPAL and THE AETNA CASUALTY AND SURETY COMPANY as SURETY., are firmly bound unto the COUNTY OF LOS ANGELES and each officer and employee thereof, hereinafter called the COUNTY, in the sum(s) indicated below, for the payment of which sum(s), we hereby bind ourselves, our heirs, executors, administrators, successors or assignees, jointly and severally. The condition of the foregoing obligation is such that whereas said PRINCIPAL has entered into or is about to enter into the annexed contract(s) with the COUNTY, pursuant to the authority of an act of the Legislature of the State of California, known as the "Subdivision Map Act" (Division 2, Title 7, of the Government Code) and any amendments thereto, and pursuant to the authority of Title 21 of the Los Angeles County Code, and any amendments thereto, which said contract(s), dated , 19 , are hereby referred to and made a part hereof, for the following work checked below, to wit: [ J A 5 -foot CHAIN LINK FENCE improvement in the sum of dollars ( J A COMBINATION MASONRY TAALL AND CHAIN LINK FENCE improvement in the sum of dollars (S ) ( J A 5 -foot MASONRY WALL improvement in the sum of _ dollars ($ ) [ J CORRECTIVE GEOLOGIC improvements in the sum of dollars ( J DRAINAGE FACILITIES in the sum of [ ] STORM DRAIN improvement under Private Drain No, , in the sum of dollars ($ [ ] MONUMENTATION in the sum of `p dollars ($ )• [ ] WATER SYSTEM improvements in the sum of dollars ($ [ I RCAD improvements in the sum of dollars ($ )• [ ] INSPECTION of road improvements in the sum of dollars ($ ) [ ] STREET TREE improvements.in the sum of dollars ($ ) improvements in the sum of dollars ($ )• all for Tract No.; ' u�� ,� in accordance with the attached contract(s) and is required by said COUNTY to give. this bond in connection with the execution of said contract(s). If the annexed contracts listed above include an agreement for monumentation, then a further condition of the foregoing obligation is for the payment of the amount of the bond to the COUNTY for the benefit of the authorized surveyor or engineer who has performed the work and has not been paid by the contractor as provided for in Division 21 Title 71 of the Government Code. Now therefore, if the said PRINCIPAL shall completely perform all of the covenants and obligations of said oontract(s) and any alteration thereof made as therein provided, on his part to be agrees that any such extensions of time or any such changes or alterations shall not in any way affect its obligation on this bond. The provisions of Section 2845 of the Civil Code are not a condition precedent to the SURETY's obligation hereunder and are waived by the SURETY. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by COUNTY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Furthermore, the SURETY expressly agrees as follows: (1) If the PRINCIPAL fails to complete any work hereinabove listed within the time specified in the annexed contract(s), the COUNTY may, upon written notice to the PRINCIPAL, served in the time and manner provided in the applicable Code, determine that said work or any part thereof is uncompleted, and may cause to be forfeited to the COUNTY such portion of this obligation as may be necessary to complete such work. (2) If the PRINCIPAL shall fail to complete more than one of the requirements hereinabove listed within the specified time, the COUNTY shall not be required to declare a forfeiture of this obligation or to prosecute an action under this bond as to all such uncompleted requirements and may subsequently, from time to time, declare additional forfeitures or prosecute additional actions under this bond as to any one or more of the remaining uncompleted requirements, even though the COUNTY knows or has reason to know, at the time of the initial forfeiture, that the requirements to which the subsequent forfeitures or prosecutions of action pertain were not, as of the time of the initial forfeiture, completed within the time specified for completion. (3) The COUNTY may expressly exonerate the SURETY with respect to any one or more of the annexed contract(s) without waiving any of its rights against the PRINCIPAL or the SURETY under any other such contract(s). In witness thereof, the PRINCIPAL and SURETY caused this bond to'be executed on this 6TH day of (Seal) No riders, endorsements, or attachments have been made hereto by the Surety except as noted hereon to the right. Note: All signatures must be acknowledged before a notary public. (Attach appropriate acknowledgements) OCTOBER 19 8L . Bramalea Limited, An Ontario, Canada Corporation Principal Authorized Signing Officer Principal Authorized Signing Officer THE AETNA CASUALTY AND SURETY Surety COMPANY 100 West Broadway Address Glendale, California 91210 By IRENE LAU, ATTORNEY-IN-FACT " I HEREBY CERTIFY; 1. That has been certified y the State insurance Commissioner as an admitted surety insurer and that such authority is in full force and effect. 2. That the person executing the within bond on behalf of the surety is authorized to do so under a power of attorney on file with this office. 3• That there is on file in this office the financial statement of the surety for the period ending showing capital and surplus not less t an ten times the amount of this bond." COUNTY CLERK By Deputy Dated LOS ANGELES COUNTY BOND NO: 83SB-100426683 PUBLIC WORKS DEPARTMENT PREMIUM INCLUDED IN LABOR AND MATERIAL. BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Bramalea Limited, An Ontario, Canada Corporation Name of 3151 Airway Avenue, Suite N, Costa Mesa, California 92626 , Address as PRINCIPAL and THE AETNA CASUALTY AND SURETY COMPANY as SURETY, are firmly bound unto the COUNTY OF LOS ANGELES, hereinafter called the COUNTY, in the sum(s) indicated below, for the payment of which sum(s), we hereby bind ourselves, our heirs, executors., administrators, successors, or assignees, jointly and severally. The condition of the foregoing is such that whereas said PRINCIPAL has entered into or is about to enter into the annexed contract(s) with the COUNTY pursuant to the authority of an act of the Legislature of the State of California, known as the "Subdivision Map Act" (Division 2, Title 7, Government Code) and any amendments thereto, which said contract(s) dated , 19 , are hereby referred to and made a part hereof, for the following work checked below, to wit: ( ) A 5 -foot CHAIN LINK FENCE labor and materials in the sum of dollars ($ )• ( 1 A COMBINATION MASONRY WALL AND CHAIN LINK FENCE labor and materials in the sum of dollars ($ )• ( ) A 5 -foot MASONRY WALL labor and materials in the sum of dollars ($ )• ( J CORRECTIVE GEOLOGIC improvements labor and materials in the sum of dollars ($ z ( ) DRAINAGE FACILITIES labor and materials in the sum of dollars ($ )• [ ] STORM DRAINS labor and materials, under Private Drain No. , in the sum of dollars ($ )• [ ] WATER SYSTEM labor and materials in the sum of dollars ($ �• [ ] ROAD improvements labor and materials in the sum of dollars ($ )• [ ] STREET TREE improvements labor and materials in the sum of dollars ($ )• labor and materials in the sum of dollars ($ )• labor and materials in the sum of dollars ($ �• all for Tract No./ . 31850 and whereas, pursuant to said Code, the PRINCIPAL must give this and for labor and materials before entering upon the performance of the work, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, as a condition to the execution of said contract(s) by the COUNTY. Now therefore, if said PRINCIPAL fails to pay the contractor or subcontractor, or fails to pay persons renting equipment or furnishing labor or materials to the contractor or subcontractors for the performance of said contract(s), including any materials, provisions, or other supplies or teams, equipment, implements, trucks, machinery, or power used in, upon, for, or about the performance of the work contracted to be done, including any changes or alterations ordered by the COUNTY cersuant to the provisions of said contract(s), or for any I - J.._ ,.w A-- +- Lhc This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The SURETY hereby expressly consents to, and waives any prior notice of, the granting, from time to time by the COUNTY, to the PRINCIPAL, of any extensions of time to perform and complete the work under the annexed contract(s), and to any changes or alterations to the terms of the contract(s) or to the work or to the specifications ordered by the COUNTY pursuant to the provisions of said contract(s). The SURETY further expressly agrees that any extensions of time or any such changes or alterations shall not in any way affect its obligation on this bond. The provisions of Section 2845 of the Civil Code are not a condition precedent to the SURETY's obligation hereunder and are waived by the SURETY. In witness thereof, the PRINCIPAL and SURETY caused this bond to be executed on this 6TH day of OCTOBER , 198. Bramalea Limited, An Ontario, Canada Corporation Principal Authorized Signing Officer (Seal) Principal Authorized Signing Officer Surety THE AETNA CASUALTY AND SURETY COMPANY 100 West Broadway Address Glendale, California 91210 By No riders, endorsements, _ i �\,\- or attachments have been made IRENE LAU, ATTORNEY-IN-FACT hereto by the Surety except as noted hereon to the right. Note: All signatures must be acknowledged before a notary public. (Attach appropriate acknowledgements) Received on behalf of the Approved as to form COUNTY OF LOS ANGELES " I HEREBY CERTIFY; 1. That has been certified by t e State Insurance uommissioner .as an admitted surety insurer and that such authority is in full force and effect. 2. That the person the behalf of the surety is authorized to wdohso underin bond oa power of attorney on file with this office. 3. That there is on file in this office the financial statement of the surety for the period ending and not less tWidn ten times the amountgofathislbond.surplus COUNTY CLERK By Deputy Dated CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �5 TO: Robert L. Van Nort, City Manager MEETING DATE: February 18, 1992 REPORT DATE: February 10, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Storm Drain Bond Reduction for Private Drain Number 1862 on Tract 31850 and Private Drain Number 2145 on Tract 42564 constructed by Bramalea California, Inc. Development SUMMARY: The City of Diamond Bar desires to reduce the surety bonds posted for Storm Drain No. 1862, located on Tract No. 31850 (Leyland Drive) by an amount of $722,000 and Storm Drain No. 2145, located on Tract No. 42564 (Newbury Way and Leyland Drive) by an amount of $362,000. RECOMMENDATION: It is recommended that the City Council approve and accept the construction of the above storm drains on Newbury Way and Leyland Drive and reduce the surety bonds posted for said storm drains and instruct the City Clerk to notify the Los Angeles County, Bramalea and Surety Company, of the City Council's action. LIST OF ATTACHMENTS A Staff Report Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? N/A 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: N/A RE'vq)EWED BY: Wo' bert L. Van Nort Terrence L. Belanger City Manager Assistant City Manager Sid J. Mousavi Public Works Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 18, 1992 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Reduction of Bonds for Storm Drain No. 1862 on Tract Map Number 31850 and Storm Drain No. 2145 on Tract Map Number 42564 located on Newbury Way and Leyland Drive ISSUE STATEMENT This report requests the reduction of a faithful performance surety bond posted for Storm Drain No. 1862, on Tract Map Number 31850 and Storm Drain No. 2145, on Tract Map Number 42564 constructed by Bramalea California, Inc. RECOMMENDATION It is recommended that the City Council approve the reduction of bonds posted for Storm Drain No. 1862 on Tract Map Number 31850 by an amount of $722,000 and Storm Drain No. 2145 on Tract map Number 42564 by an amount of $362,000. Further, it is recommended that the City Clerk notify the Los Angeles County, the Surety Company and Bramalea, of the City Council's action. FINANCIAL SUMMARY This action has no impact on the City's 1991-92 budget. BACKGROUND The construction of these storm drains on Newbury Way and Leyland Drive has been completed. However, the drains have not yet been transferred to Los Angeles County for maintenance. Upon transfer of these drains and payment of the outstanding transference invoices by Bramalea California, Inc., these surety bonds will be exonerated. DISCUSSION The following listed surety bonds need to be reduced b Tract No.: 31850, Storm Drain No. 1862 Bond Number: 83 SB -100426686 Principal: Bramalea California, Inc. Surety: The Aetna Casualty and Surety Company Amount: $722.000 (Original Bond Amount $952,000) Tract No.: 42564, Storm Drain No. 2145 Bond Number: 83 SB -100390298 Principal: Bramalea California, Inc. Surety: The Aetna Casualty and surety Company Amount: $362.000 (Original Bond Amount $482,000) PREPARED BY: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 5'1 TO: Robert L. Van Nort, City Manager MEETING DATE: February 18, 1992 REPORT DATE: February 7, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Transfer of Private Drain No. 1916 on Goldrush Drive to Flood Control SUMMARY: Private Drain No. 1916 was constructed in 1988 as part of the improvements in Tract No. 43435. Subsequently, the drain was inspected and approved by the Los Angeles County Department of Public Works based upon the satisfactory completion of the improvements per approved plans. The City Engineer has reviewed the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council adopt a resolution requesting the Los Angeles County Department of Public Works Flood Control District to accept the transer and conveyance of Private Drain No. 1916 for future operation, maintenance, repair and improvement. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) _ Other _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: R ert L. Van Nort City Manager Terrence L. Belanger Assistant City Manager Sid J. Mousavi City Engineer/Public Works Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 18, 1992 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Transfer of Private Drain No. 1916, located on Goldrush Drive, to Los Angeles County Flood Control District ISSUE STATEMENT This report requests the City Council's authorization to request the Board of Supervisors of the County of Los Angeles to accept, on behalf of the Los Angeles County Flood Control District, a transfer and conveyance of storm drain improvements constructed in the City of Diamond Bar. RECOMMENDATION It is recommended that the City Council adopt a resolution requesting the Los Angeles County Department of Public Works Flood Control District to accept the transfer and conveyance of Private Drain No. 1916 for future operations, maintenance, repair and improvement. FINANCIAL SUMMARY The process of transferring this drain has no financial impact on the City's 1991-92 Fiscal Year budget. BACKGROUND Private Drain No. 1916 was constructed in 1988 as part of the improvements in Tract 43435. Subsequently, the drain was inspected and approved by the Los Angeles County Department of Public Works based upon the satisfactory completion of the improvements per approved plans. DISCUSSION The private drain construction on Goldrush Drive in Tract 43435, was completed in 1988. The work is in accordance with the plans and specifications approved by the County. Staff has completed the transfer documents. A copy of these documents along with resolution and a map of the project area is attached for your review. Prepared By: Sid Jalal Mousavi RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1916 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. WHEREAS, there have been dedicated to, or the City has other- wise acquired, the storm drain improvements and drainage system known as PRIVATE DRAIN NO. 1916, described in Exhibit A attached hereto; and WHEREAS, the City is authorized and empowered to transfer and convey to the Los Angeles County Flood Control District any storm drain improvements and drainage systems for future operations, maintenance, repair and improvement; and WHEREAS, the City and the Los Angeles County Flood Control District entered into an agreement dated June 20, 1989, and recorded March 20, 1990, as Document Number 90-545570, of the Official Records in the office of the County Recorder for the County of Los Angeles, whereby the City made certain warranties about its future transfers and conveyances of Flood Control facilities to the District; and WHEREAS, the best public interest will be served by transfer and conveyance of the storm drain improvements and drainage system described in Exhibit A attached hereto from the City to the Los Angeles County Flood Control District for future operation, maintenance, repair and improvement. NOW, THEREFORE, BE IT RESOLVED that the City does hereby request the Los Angeles County Flood Control District to accept the transfer and conveyance of the storm drain improvements and drainage system described in said Exhibit A. BE IT FURTHER RESOLVED that, subject to the acceptance thereof of the Board of Supervisors of the Los Angels County Flood Control District, the City Engineer is directed and ordered to prepare all necessary instruments and documents, including deed, to effectuate said transfer and conveyance, and that the Mayor is authorized and instructed to execute said deed and other instruments and documents. District shall have no obligation or responsibility to maintain said storm drain, improvements, and drainage until all rights of way for said drain now vested in the City and all other necessary rights of way therefore have been conveyed to and accepted by District. Reference is hereby made to District Drawings No. 301-F81.1- 81.5, the plans and profile of said storm drain improvements and drainage system on file in the office of the City Engineer and on file of the Chief Engineer of said District for further data as to the exact location, extent, and description of said storm drain improvements and drainage system. BE IT FURTHER RESOLVED that the transfer and conveyance hereby requested are subject to each of the warranties described in the Agreement between the City and the District dated June 20, 1989, and recorded March 20, 1990, as Document Number 90-545570, of the Official Records in the office of the County Recorder for the County of Los Angeles. Such warranties by the City are incorporated here by this reference. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of ,1992. 'ilux631 ATTEST: CITY CLERK I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1992, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar EXHIBIT "A" Private Drain 1916 A reinforced concrete pipe storm drain system and appurtenant structures for Tract No. 43435 filed in Book 1085, pages 52 to 55; inclusive, of Maps, Records of the County of Los Angeles, generally described as follows: Line "A": Commencing from an existing storm drain per P.D. No. 546, Station 6+37.95, located in Goldrush Drive, southwest of Chandelle Place; thence northeasterly in Goldrush Drive to Chandelle Place; thence southeasterly in chandelle Place to an easement to Los Angeles County Flood Control District for flood control purposes which lies within Lots 48 and 63 of said tract; thence southeasterly in said easement to an outlet tower structure, Station 12+72.74, a distance of 635 feet, more or less. Line "C": Commencing from a manhole structure per Line "A", Station 7+44.92 (Station 0+00.00, Line "C"), located in Goldrush Drive at Chandelle Place; thence northerly in Goldrush Drive to a catch basin, Station 2+48.81, a distance of 249 feet, more or less. Line "D": Commencing from an outlet structure, Station 1 +15.00, located in a 10 foot -wide easement to Los Angeles County Flood Control District for covered storm drain and appurtenant structures and for ingress and egress purposes located southerly of Goldrush Drive: thence northerly in said easement to Goldrush Drive; thence easterly in Goldrush Drive to a manhole structure, Station 3+97.17, a distance of 282 feet, more or less. Lateral "B": A connector pipe from Line "A" to an inlet structure. Laterals "E", "F", "G", "H" "I", "L" and "M": Connector pipes from Line "A" to catch basins. Laterals "J" and "K": Connector pipes from Line "D" to catch basins. Lateral "N": A connector pipe from Line "A" to an inlet structure. All as shown on District Drawing Nos. 301-F81.1 through 301-F81.5 314-79 �� o f- 4_► -►tee � `- ��r '�/" � o It k Caco,t'vJ�.� rt+ -�- p�r.vS`P•(•� 02 CITY' OF' DIAMOND* BAR PRIVATE DRAIN NO. TRACT N0.:434 -3:5 - DATE:. 34.3DATE: //E//9/ ,��' (117 >L tcl,4T B` rk.No. 3/4 79 9M/7 •/7 CITY' OF' DIAMOND* BAR PRIVATE DRAIN NO. TRACT N0.:434 -3:5 - DATE:. 34.3DATE: //E//9/ ,��' CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. S . TO: Robert L. VanNort MEETING DATE: February 18, 1992 REPORT DATE: February 12, 1991 FROM: Troy L. Butzlaff, Assistant to the City Manager TITLE: Approval of Amendment No. 3 to the East San Gabriel Valley Integrated Waste Management Joint Powers Authority Agreement and corresponding Air Quality Management Participation Agreement. SUMMARY: The Air Quality Management Plan (AQMP), adopted in 1989 by the South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SCAG), requires local governments to incorporate air quality policies, strategies, and programs into their general plans, land -use regulatory systems, and administrative procedures for the purpose of complying with federal air quality standards. Since many of the AQMP's control measures are dependent upon regional cooperation for implementation, the AQMD is strongly supportive of a regional approach to air quality element preparation. Accordingly, the East San Gabriel Valley Integrated Waste Management - Joint Powers Authority (ESGVIWM-JPA), has solicited and been awarded a grant for $150,000 from the Mobile Source Air Pollution Reduction Review Committee. These funds, which must be used to develop programs aimed at the reduction of air pollutants from mobile sources, will be used by the JPA to offset the estimated costs to: LIST OF ATTACHMENTS:_X Staff Report — Resolution(s) — Ordinances(s) — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: — Public Hearing Notification Bid Specification (on file in City Clerk's Office) X Other: Amendment No 3 Air Quality 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? — — 2. Does the report require a majority or 415 vote? 3. Has environmental impact been assessed? _ Yes _ No 4. Has the report been reviewed by a Commission? Yes No Which Commission? — — 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: — REV WED BY: kll�ce R ert L. Van Nort Terrence L. Belanger Troy L. Butzlaff City Manager Assistant City Manager Assistant to the City Manager February 12, 1992 Page 2 (1) Provide technical air analysis and consultation; (2) Develop individual air quality plans; (3) Conduct public meetings between interest groups, the business community, and other public agencies; and (4) Develop an implementation plan that includes model ordinances, programs and other measures necessary to attain regional air quality goals. RECOMMENDATION: It is recommended that the City Council approve Amendment #3 modifying the East San Gabriel Valley Integrated Waste Management Joint Powers Authority Agreement to include related environmental issues as part of the Authority's scope of activities. It is further recommended that the City Council authorize the Mayor to execute the Air Quality Program Participation Agreement enabling the City to participate with the JPA in the preparation of an Air Quality Element. MEETING DATE: TO: FROM: CITY COUNCIL REPORT AGENDA NO. February 18, 1992 Honorable Mayor and Members of the City Council City Manager SUBJECT: Preparation of an Air Quality Element ISSUE STATEMENT: The Air Quality Management Plan (AQMP), adopted by the South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SLAG) in 1989, requires local governments to incorporate air quality policies, strategies, and programs into their general plans, land -use regulatory systems, and administrative procedures for the purpose of complying with federal air quality standards. RECOMMENDATION: It is recommended that the City Council approve Amendment f3 modifying the East San Gabriel Valley Integrated Waste Management Joint Powers Authority Agreement to include related environmental issues as part of the Authority's scope of activities. It is further recommended that the City Council authorize the Mayor to execute the Air Quality Program Participation Agreement enabling the City to participate with the JPA in the preparation of an Air Quality Element. FINANCIAL SUMMARY: It is estimated that the preparation and implementation of an Air Quality Element for the ten (10) participating cities of the East San Gabriel Valley Integrated Waste Management Joint Powers Authority could cost in excess of $330,000. The City,s pro rata share, less the $150,000 in discretionary funds that have been approved by the Mobile Source Air Pollution Reduction Review Committee, is estimated to be about $20,000. BACKGROUND: The Air Quality Management Plan (AQMP) is a comprehensive 20 -year plan designed to bring Southern California into compliance with federal air quality standards. Adopted by the South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SLAG) in 1989, the AQMP calls on local governments, in their capacity as employers, contractors of services and regulatory bodies, to implement measures to improve regional air quality. Specifically, the AQMP directs local government to execute a series of 17 control measures that will achieve an eight (8) percent reduction in reactive organic gases and nitrogen oxide emissions by 1997. DISCUSSION: The AQMP provides a menu of actions from which cities and counties, using their police powers and land -use authority, can select to comply with the ambitious emission reduction goals. Some of the actions call upon local government to adopt air quality policies into their general plans or through other implementing legislation. For example, local governments are asked to participate in transportation system management programs by synchronizing traffic signals at congested intersections or to reduce the number of employee vehicle trips through telecommunications programs or alternative workweek schedules. To encourage implementation of the control measures slated for local government action, the AQMP contains "penalties" in the form of conformity review requirements designed to ensure that projects of local origination are consistent with regional planning efforts. These requirements, which are directed at general development, transportation and wastewater treatment facilities, discuss the ramifications of not integrating air quality goals, policies and actions into a local jurisdiction's general plan. This process allows the SCAG/SCAQMD to monitor a local governments' progress in implementing AQMP control measures. For example, adoption of an air quality element enables the City to self -certify Environmental Impact Review (EIR) reports for regionally significant projects. Without an approved element, the City would have to submit all regionally significant projects to SCAG's Intergovernmental Review Process. This process could cause significant delays and may result in a project being found inconsistent with regional air quality attainment strategies. More importantly, if a city fails to adopt an air quality element or policy consistent with SLAG/SCAQMD guidelines, state and federal transportation funding could be suspended and the city may face moratoriums on growth and development. The type of vehicle used to describe the City's air quality policies, strategies, and actions, as required by the AQMP, is directly related to its success. According to Section H, page II -F-8 of the City's draft General Plan, there are two methods by which the City can achieve conformance with the AQMP: (1) Prepare a separate Air Quality Element as part of the General Plan; or (2) Incorporate the implementation programs of the Regional Air Quality Management Plan by reference into the City's General Plan. While the latter is certainly the easiest method of complying with the AQMP, it fails to translate regional goals and policies into a integrated strategy of local implementation actions which are sensitive to the needs of the community. Furthermore, if the City ever needed to modify its attainment strategy or change an implementation measure, the City would have to go through a General Plan update. Consequently, the AQMD has suggested that adoption of the regional air quality management attainment strategies should not be consider as an alternative to the preparation of a separate air quality element. The City of Los Angeles has developed an Action Plan, which is separate element of their General Plan, to address air quality issues. The Action Plan contains implementation measures consistent with the AQMP and is designed to be easily amended so to avoid a lengthy and costly General Plan update. The East San Gabriel Valley Integrated Waste Management - Joint Powers Authority (ESGVIWM-JPA), has submitted a grant application (See Attachment) to the Mobile Source Air Pollution Reduction Review Committee for the purpose of obtaining AH 2766 discretionary funding. These funds, which may be used for the purpose of implementing programs to reduce air pollutants from mobile sources, have been requested in order to offset the estimated costs to: (1) Provide technical air analysis and consultation; (2) Develop individual air quality plans; (3) Conduct public meetings between interest groups, the business community, and other public agencies; and (4) Develop an implementation plan that includes model ordinances, programs and other measures necessary to attain regional air quality goals. In December, 1991, the Joint Powers Authority received notification that it had been approved for $150,000 in discretionary funding. Preliminary estimates indicate that the City's pro rata share to participate in the preparation of an Air Quality Element will be approximately $20,000. This amount is based upon the participation of ten (10) cities, with a combined population of 600,000, and the following cost allocation: 1) half the cost will be apportioned equally among the cities; and 2) the other half will be divided on the basis of each city's percent share of the total groups population. To underwrite this cost, the City could utilize the subventions available through the air quality improvement trust fund which the City Council adopted in April, 1991. According to AQMD estimates, the City is eligible for approximately $33,296 for the period July 1, 1991 to June 30, 1992. Since this money must be applied to the implementation of programs aimed at the reduction of air pollutants from mobile sources, the preparation of an Air Quality Element would be an appropriate project. If the City chooses not to participate with the JPA, it could use this money to retain a consultant to prepare its own air quality element. Based upon staff consultations, the estimated costs to meet the minimum requirements of the AQMP could range between $15,000-$25,000. While this estimate may be somewhat lower than the JPA, it is not as aggressive as the proposed JPA work program and does not include implementation which constitutes the greatest percentage of the JPA's anticipated costs. Furthermore, the AQMD has indicated that it is highly supportive of a regional approach to air quality element preparation since many of the AQMP's control measures are dependent upon regional cooperation for implementation. The ESGVIWM-JPA has drafted an amendment (See Attached) that will incorporate air quality elements as part of its function. In addition, the amendment expands the scope of the JPA to include other environmental issues that can be best accomplished through regional cooperation. Because ratification of this amendment does not obligate the City to participate in the preparation of an air quality element, staff recommends that the City Council approve this amendment. Cities that wish to participate in the air quality aspects of the JPA, must sign a separate air quality participation agreement. This agreement contains an "escape" clause which allows the City to withdraw from the process without obligation should the bids for services be considered too expensive. This will allow the City to determine the best course of action prior to committing itself financially. Therefore staff recommends that the City Council authorize the Mayor to execute the participation agreement thus insuring that the City can take part in the selection of a consultant. The JPA is currently in the process of preparing a Request for Proposal package to solicit bids for consulting services. It is anticipated that this process will take several weeks to complete and that a consultant could be selected within the next 60 days. Once the bids have been received and evaluated, staff will make a final recommendation to the Council with respect to the City's continued involvement with the JPA. PREPARED BY: Troy L. Butzlaf , As taut to the City Manager AGENDA ITEM NO. 6.2 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Robert L. Van Nort, City Manager MEETING DATE: February 18, 1992 REPORT DATE: February 5, 1992 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Street Address Changes SUMMARY: The City of Diamond Bar has received several requests from residents to change street addresses. The change of previously assigned street addresses involves other agencies, utility companies and City departments and creates specific work load and related costs to the City. As a result of such requests, the City desires to establish a process and a deposit fee for all work associated with street address changes. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar adopt the attached Resolution which pertains to the establishment of a process and a deposit fee for street address changes. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specification (on file in City Clerk's Office) _ Other 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: RR. Van Nort Terrence L. Belanger Sid J. Mousavi City Manager Assistant City Manager City Engineer/Public Works Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 18, 1992 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Street Address Changes ISSUE STATEMENT To establish a process and a deposit fee of $1,000.00 for all work associated with street address changes. RECOMMENDATION It is recommended that the City Council adopt the attached resolution which pertains to the establishment of a process and a deposit fee of $1,000.00 for street address changes. FINANCIAL SUMMARY Adoption of this resolution will not have any impact on the City's 1991-92 budget. All related costs associated with the street address change request will be reimbursed by a deposit fee collected from the applicant. BACKGROUND A number of street address change requests have been made by the residents of Diamond Bar. To change a previously assigned street address involves other public agencies, utilities, other City departments and creates a specific work load and related costs to the City. DISCUSSION The basic authority to establish a house numbering system and the administration of the authority vested are references in Title 16 of the Los Angeles County Code. The house numbering system establishes and warrants the methodical succession of numbers as does exist in the City. It sets up a methodology for assigning addresses to avoid a numbering system dependent on the individual preference of a property owner. The numbers were assigned based on the premise that these numbers would remain permanent. Based on the evaluation of circumstances and some flexibility of certain existing City's numbering system, the street address change request can be accommodated subject to specific criteria and after appropriate review and notice by the Department of Public Works. The minimum deposit fee to process such a request is recommended to be $1,000.00. This is based on an average of ten-hour staff time per request at $75.00/hour plus miscellaneous related costs. Prepared By: Sid Jalal Mousavi RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING A DEPOSIT FEE FOR THE PROCESSING OF STREET ADDRESS NUMBER CHANGES WHEREAS, Title 16 of the Los Angeles County Code, as adopted by the City of Diamond Bar, establishes a system for the numbering of structures; and WHEREAS, requests are periodically made through the Public Works Department to change or alter existing street address numbers; and WHEREAS, the City's numbering system does have some flexibility and subject to various criteria can, on occasion, after appropriate review, accommodate the request for changes to street address numbers; and WHEREAS, processing of street address numbers through the Public Works Department involves other public agencies, utilities and other City Departments and creates a specific work load and related costs to the City of Diamond Bar. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE: SECTION 1. The owner(s) of a building may submit an appli- cation to the City Engineer for a change in the number of that building. SECTION 2. The application shall state the name of the owner(s), the current and requested street address of the building, the owner's telephone number, and the effected property's assessor's parcel number. Each application must be accompanied by a title policy, current tax bill, or other document which demonstrates the applicant is the legal owner of the property, and the deposit fee as established by this Resolution. Applications not complying with the above requirements shall not be accepted. SECTION 3. The City Engineer shall review all applications to determine whether the proposed number, substantially conforms to the City policy and ordinances regarding street numbering. SECTION 4. The policy applicable to the processing of street address number changes shall be as follows: (a). All numbers will be assigned in accordance with the City policy, and as such may be amended. (b). To ensure an orderly sequence of numbers, numbers shall only be changed and issued in conformance with existing successive patterns of block numbers and house numbers. (c). Numbers assigned shall be consistent with the true location and orientation of the buildings being numbered with consideration being given to primary driveway and access location. No consideration will be given to assign a new address number from a secondary street. (d). Only whole numbers will be issued. (e). Odd numbers shall only be assigned to the north and west sides of a street, and even numbers shall only be assigned to the south and east sides of a street. SECTION 5. Upon approval of a new street address number by the City Engineer, the City Engineer shall direct the building number to be changed only after notice of the change has been provided to all necessary agencies requiring such notice. Approval of applications shall be in the sole discretion of the City Engineer. SECTION 6. Street address number change application shall be subjected to the payment of a deposit fee in the amount of $1,000.00. SECTION 7. The $1,000.00 application fee is the estimated cost of processing the street address number change application. This is based on an estimated average of ten-hour staff time per request at $75.00/hour plus miscellaneous related costs. If the actual costs incurred do not exceed this amount, upon request of the owner, the unused portion of the deposit fee will be refunded by the City. City shall maintain records of the time expended upon each application received and processed. SECTION 8. The existence of this process, and the imposition of a deposit fee, does not in any way commit the City or the City Public Works Department to approve a street address number change application. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, adopted this 18th day of February, 1992. Mayor ATTEST: City Clerk of the City of Diamond Bar STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) I, Lynda Burgess, City Clerk of the City of Diamond Bar, hereby certify that the foregoing Resolution No. 92- was passed and adopted by the City Council of the City of Diamond Bar, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 18th day of February, 1992 and that said Resolution was adopted by the following vote, to wit: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAINED: Council Members: City Clerk of the City of Diamond Bar to be changed only after notice of the change has been provided to all necessary agencies requiring such notice. Approval of applications shall be in the sole discretion of the City Engineer. SECTION 6. Street address number change application shall be subjected to the payment of a deposit fee in the amount of $1,000.00. SECTION 7. The $1,000.00 application fee is the estimated cost of processing the street address number change application. This is based on an estimated average of ten-hour staff time per request at $75.00/hour plus miscellaneous related costs. If the actual costs incurred do not exceed this amount, the unused portion of the deposit fee will be refunded by the City. City shall maintain records of the time expended upon each application received and processed. SECTION 8. The existence of this process, and the imposition of a deposit fee, does not in any way commit the City or the City Public Works Department to approve a street address number change application. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, adopted this 18th day of February, 1992. Mayor CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Robert L. Van Nort, City Manager MEETING DATE: February 18, 1992 REPORT DATE: February 5, 1992 FROM: Terrence L. Belanger, Assistant City Manager Kellee A. Fritzal, Administrative Assistant TITLE: EVIPOUND/STORAGE FEES SUMMARY: Currently vehicles that are impounded/stored, from within the City boundaries, are not charged for the impound/storage expenses. The Los Angeles County Sheriff s department incurs cost for impounding the vehicles. Those expenses are passed -through to the City, through the Contract for Law Enforcement Services. Staff and the Sheriff s Department have proposed a service charge of $60.00 for vehicle impound/storage release fees. The fee is based upon the cost, based upon current rates, for impounding/storing vehicles and the expense incurred by the City for administering the program. Fees would not be charged for the recovery of stolen and/or disabled vehicles as a result of a traffic collision. The administration of the program will be accomplished by both the Sheriffs Department and City staff. RECOMMENDATION: It is recommended that the City Council adopt the resolution establishing a service charge for the release of an impounded/stored vehicle. LIST OF ATTACHMENTS:X Staff Report X Resolution(s) Ordinances(s) Agreement(s) _ Public Hearing Notification Bid Specification (on file in City Clerk's Office) —Other EXTERNAL DISTRIBUTION: Los Angeles County Sheriffs Department SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? Which Commission? N/A 5. Are other departments affected by the report? Report discussed with the following affected departments: X Yes _ No MAJORITY _ Yes _ No Yes X No _ Yes X No CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Robert L. Van Nort, City Manager MEETING DATE: February 18, 1992 REPORT DATE: February 5, 1992 FROM: Terrence L. Belanger, Assistant City Manager Kellee A. Fritzal, Administrative Assistant TIME: IMPOUND/STORAGE FEES SUMMARY: Currently vehicles that are impounded/stored, from within the City boundaries, are not charged for the impound/storage expenses. The Los Angeles County Sheriffs department incurs cost for impounding the vehicles. Those expenses are passed -through to the City, through the Contract for Law Enforcement Services. Staff and the Sheriffs Department have proposed a service charge of $60.00 for vehicle impound/storage release fees. The fee is based upon the cost, based upon current rates, for impounding/storing vehicles and the expense occurred by the City for processing the program. Fees would not be charged for the recovery of stolen and/or disabled vehicles as a result of a traffic collision. The administration of the program will be accomplished by both the Sheriffs Department and City staff. RECOMMENDATION: It is recommended that the City Council adopt the resolution establishing a service charge for the release of an impounded/stored vehicle. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _ Ordinances(s) _ Agreement(s) _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) Other EXTERNAL DISTRIBUTION: Los Angeles County Sheriffs Department SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? Which Commission? N/A 5. Are other departments affected by the report? Report discussed with the following affected departments: M. Robert L. Vai City Manager "errenc!eL�.g Assistant City Manager X Yes No MAJORITY _ Yes _ No Yes X No _ Yes X No CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Robert L. Van Nort, City Manager MEETING DATE: February 18, 1992 REPORT DATE: February 5, 1992 FROM: Terrence L. Belanger, Assistant City Manager Kellee A. Fritzal, Administrative Assistant TITLE: D4POUND/STORAGE FEES SUMMARY: Currently vehicles that are impounded/stored, from within the City boundaries, are not charged for the impound/storage expenses. The Los Angeles County Sheriff's department incurs cost for impounding the vehicles. Those expenses are passed -through to the City, through the Contract for Law Enforcement Services. Staff and the Sheriff s Department have proposed a service charge of $60.00 for vehicle impound/storage release fees. The fee is based upon the cost, based upon current rates, for impounding/storing vehicles and the expense incurred by the City for administering the program. Fees would not be charged for the recovery of stolen and/or disabled vehicles as a result of a traffic collision. The administration of the program will be accomplished by both the Sheriffs Department and City staff. RECOMMENDATION: It is recommended that the City Council adopt the resolution establishing a service charge for the release of an impounded/stored vehicle. LIST OF ATTACHMENTS:X Staff Report X Resolution(s) _ Ordinances(s) _ Agreement(s) Public Hearing Notification Bid Specification (on file in City Clerk's Office) —Other EXTERNAL DISTRIBUTION: Los Angeles County Sheriffs Department SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? Which Commission? N/A 5. Are other departments affected by the report? Report discussed with the following affected departments: RE WED BY: L/Y Robert L. Van ort errLL. Belanger City Manager Assistant City Manager X Yes No MAJORITY _ Yes No _ Yes X No _ Yes X No CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 4, 1992 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: IMPOUND/STORAGE FEES ISSUE STATEMENT: The Sheriff's Department impounds and stores' vehicles from the City of Diamond Bar for many reasons. All associated cost for the impound/storage and release of vehicles are borne by the City though the Contract Law Enforcement Services. The staff recommends that a release fee be charge to recover the cost associated with the impound and/or storage of vehicles. RECOMMENDATION: Adopt the attached Resolution establishing a service charge for the release of an impounded/stored vehicle. FINANCIAL SUMMARY: The additional City expense associated with the implementation of the proposed fee is included release fee of the impounded vehicle. The Sheriff's Department has determined approximately sixteen (16) vehicles are impounded/stored monthly, which would be covered under the proposed release fee. The proposed fee would result in $960 monthly revenue to the City and approximately $11,520 yearly. BACKGROUND: The Sheriff's Department impounds and/or stores' vehicles for various reasons under the authority of California Vehicle Code Sections 22651 through 34506.4. The proposed release fee would impose a fee for the release of an impounded and/or stored vehicle for: Vehicle was abandoned. Vehicle found on the street with an expired registration of more then one year. Vehicle was creating a hazard. Vehicle blocking a driveway and there was no other immediate remedy available. Vehicle had more than five (5) outstanding parking tickets. Vehicle being operated by an unlicensed drive or by a driver with a suspended license. The owner/operation was arrested and it was not practical park and lock the vehicle legally. Fees would not be charged for the recovery of stolen and/or disabled vehicles as a result of a traffic collision. The administration of the program would be a joint effort with the Sheriff's Department. All initial reports, release forms and collection of fees would be handled by the Sheriff's Department. Fees would be collected before release of vehicle. In addition, the Sheriff's Department would deliver the funds daily to the City's Finance Department with a log indicating the total amount deposited. The City's Finance Department will process the cash receipts, deposit the money and monitor the process. The City would be responsible for processing and collecting returned checks. All checks would be made out to the City of Diamond Bar. DISCUSSION: The following information was used to compute the cost generally involved in impounding and/or storing vehicles: It takes an average of f orty-f ive ( 45 ) minutes for a Sherif f ' s deputy generalists to complete all the necessary reports, including notifying the station clerk of the impound/storage. Then, the station clerk will take an average of twenty (20) minutes to process the report. Once this is accomplished, a desk operation assistant will take an average of fifteen (15) minutes to complete the necessary forms to release a vehicle. The finance department of the City of Diamond Bar will take an average of five (5) minutes on each impounded/stored vehicle to review the cash receipts and deposit log to check the accuracy, make the deposit and monitor the process. Along with City staff time, other overhead charges will be incurred including banking service charges, supplies and transportation. The total cost of City staff and overhead is estimated at $5.50 per vehicle. Under the Contract Law Enforcement Services Contract the City is charged per hour for a radio dispatched deputy generalists, the charge of $70.00 per hour includes station personnel and overhead. Based on the figure of forty-five (45) minutes per vehicle for the impound/storage process the total charge to the City is $52.50. This figure was calculated according to amount of time it takes to process the necessary reports and the hourly wages of the staff (Sheriff's) members involved it the process. The total City staff expense and overhead are $5.50. The combined total of the process is $58.00. A fee of $60.00 would be justified. The $60.00 fee is estimated to generate $11,520 annually for recovery costs based on 16 vehicles impounded monthly. PREPARED BY: lee A. Fr , Administrative Assistant RESOLUTION NO. 92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A SERVICE CHARGE FOR RELEASE OF STORED AND/OR IMPOUNDED VEHICLES A. Recitals. (i) The City Council of the City of Diamond Bar has heretofore established various schedules of rates, fees and charges, including, but not limited to, rates, fees and charges for the processing of applications, issuance of permits and related public services. (ii) Pursuant to the provisions of the California Constitution and the laws of the State of California, the City of Diamond Bar is authorized to adopt and implement rates, fees and charges for municipal services; provided, however, that such rates, fees and/or charges do not exceed the estimated reasonable cost of providing such services. (iii) California Government Code Section 66018 requires notice to be published in accordance with California Government Code Section 6062a and data made available concerning rates, fees and charges prior to conducting a public hearing with respect to the adoption of increases in rates, fees and charges or the adoption of new rates, fees and charges for which no other procedure is provided by law. (iv) Pursuant to California Government Code Section 66018 this City Council has conducted and concluded a duly noticed public hearing with respect to release fees subject to the storage and/or impound vehicles, prior to the adoption of this Resolution. (v) Vehicles are impounded for many reasons. They include, but are not limited to, the following: Vehicle has been abandoned Vehicle has been found on the street and not registered for more then one year Vehicle is creating a hazard Vehicle is blocking a driveway and there was no other immediate remedy is available There are more than five (5) outstanding parking tickets against the vehicle Vehicle is being operated by an unlicensed driver The owner/operator was arrested and it was not practical to legally park and lock the vehicle (vi) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. Staff has proposed a service charge of sixty dollars ($60) which has been determined to be a conservative estimate of the cost to the City for impounding and processing a vehicle. This process includes: registration checks, paperwork completion, tow requests, owner notification, phone contacts, log entries, release of vehicle, sending of teletypes, etc. 3. The City Council hereby finds and determines that, based upon the data, information, analyses, oral and written documentation presented to the City Council concerning the release fees, for cost of providing services which the fee has been levied. That the following service fee be and the same is hereby adopted effective March 1, 1992: Service Charge for Release of Stored and/or Impounded Vehicle $60.00 4. No fees shall be charged for the recovery of stolen and/or disabled vehicles as a result of a traffic collision. 5. This fee established in 2. shall be paid prior to the owner's receipt of written authorization from the Los Angeles County Sheriff's Department for the release of the vehicle. The fee shall be collected in a manner prescribed by the Sheriff's Department and remitted to the City of Diamond Bar on a daily basis. 6. The City Clerk shall certify to the adoption of this Resolution and provide for appropriate distribution thereof. 1992. PASSED, APPROVED AND ADOPTED this day of MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Diamond Bar at a regular by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: Lynda Burgess, City Clerk of the City of Diamond Bar Comments to City Council February 18, 1992 by William J. Gross THE LEGAL STATUS OF THE PROPOSED TONNER CANYON DEVELOPMENT On January 21, your city attorney made a legal ruling regarding the relationship of the proposed project in Tonner Canyon and the proposed General Plan. Enclosed for your review is a transcript of that ruling. It has no legal foundation included, no reference to law, code, or court case. In fact, it is no more than the city attorney's personal opinion. The city attorney has misinformed you and has mislead you towards legal challenge and confrontation. Specifically, I would like to make 2 points. First, THE CITY COUNCIL OF DIAMOND BAR MUST CONSIDER THE PROPOSED DEVELOPMENT AS CONSISTENT WITH THE PROPOSED GENERAL PLAN. State Code 65360, previously presented to this council, requires that during the initial 30 month period of time, "...there is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time." State Government Code 65360, section (3). Section 65361 goes on and states that as a condition of approval of an extension, the city must provide "...a set of proposed policies and procedures which would ensure, during the extension of time granted pursuant to this section, that the land use proposed in an application for a subdivision, re -zoning, use permit, variance, or building permit will be consistent with the general plan proposal being considered or studied." This point is unrefuted. Several councilmembers have told me that since this project was in consideration before cityhood that it is somehow grandfathered in as acceptable. This is not true for two reasons: 1. THE CODE MAKES NO PROVISION FOR THIS!!! No mention is made of an ability of a city council to ignore the wish of the citizens and rely on old county code. 2. THE CITY ATTORNEY AND STAFF AGREE. The resolutions drafted to approve the project, in the recitals point (iii), state: "Accordingly, action was taken on the subject application, as to consistency to the proposed General Plan, pursuant to the terms and provisions of California Government Code Section 63560." So, in order to approve the resolutions for this project, you must rule on the consistency of this project to the proposed general plan. The city staff and attorney are so arrogant in their attempt to mislead you that they even state in the resolutions under point (4) that "It is reasonably probable that the project and land uses proposed by the Applicant will be consistent with the final General Plan on the basis of comparison of the same with the draft General Plan and the comments generated in respect to the same," admitting the need to be consistent. The staff is asking you to agree that the project is consistent with the proposed General Plan, because they recognize the need for this project to be consistent with the proposed General Plan, by law. What, therefore, is the city attorney's point based on? What law? What code? Even his own staff disagrees with him in its wording of the resolutions. The fact is clear that in order to approve this project, you must find it to be consistent with the proposed general plan. The second point, therefore, is the obvious: THE PROPOSED PROJECT IS INCONSISTENT WITH THE PROPOSED GENERAL PLAN. First, this point is, to this point in time, unrefuted. Second, You have had members from the General Plan Advisory Committee testify that the project is inconsistent with the proposed General Plan. Third, You have had copies presented to you by me demonstrating that just one major area of inconsistency is the project's one unit per one acre as opposed to the proposed General Plan's standard of one unit to two and one-half acres. Fourth, and finally, the staff report presented to you states in so many words: "The project as currently designed is not in compliance with the draft General Plan in its present form." (Report from Robert Searcy, Associate Planner, attached to Agenda Report No. 8.4, January 21, 1992. While the applicant may be unrelenting, serious, powerful, and Politically desirable to certain city councilmembers seeking election to higher office, the citizens of Diamond Bar are also unrelenting and serious. Enclosed find a copy of letters sent to various state agencies, including the Director of the Department of Housing and Community Development, who is specifically charged with monitoring that all land use decisions made during this extension period are consistent with the proposed general plan. Any action to approve this project will expose the city and each of you personally legal sanctions. When I started my opposition to this project six months ago, I had great pride in our city and great respect for the citizens who served our city. It is my belief that our city planning commission and city council are the victims of poor advice and a hidden agenda by both our city manager and city attorney. The lack of any specific legal response to this significant issue leads me to believe that the city attorney, city manager, and city council do not respect their citizens. I hope that you will research this issue more deeply and reject this project as it is your duty to do. DIAMOND BAR CITIZENS ary 18, 1992 y To Protect Country Living Mr. Bob Cervantes Governor's Office of Planning and Research 1400 10th Street Room 250 Sacramento, California 95814 Subject: CITY OF DIAMOND BAR Dear Mr. Cervantes, The city of Diamond Bar, which was granted an extension to complete its general plan, is proceeding in violation of conditions of its extension and Government cite staff and citizen 65361 by considering a project which is clearly, by y input, inconsistent with the proposed general plan. The city council is currently considering a development of 120 homes on 160 acres of hillside in Special Ecological Area Number 15. The proposed general plan calls for one unit per two and one-half acres in this area, therefore permitting no more than 64 homes. The city attorney has ruled that the city is not bound to the proposed general plan since the project was filed just to Diamond Bar became a city, while there is no justification in the code for such a ruling. A transcript of his ruling is enclosed for your review. We are asking you to direct the city manager and city attorney to comply with Government Code 65360 and 65361 and refuse toadopt any land use unless it is consistent with the proposed general plan. Sincerely, DIAMOND BAR CITIZENS FOR COUNTRY LIVING William Gross Chairman P.O. Box 4209 Diamond Bar, CA 91765 DIAMOND BAR CITIZENS ftary 18, 1.992 r To Protect Country Living VIM Mr. Tom Cook Deputy Director Department of Housing and Community Development 1800 Third Street Sacramento, California 94252-2053 Subject: CITY OF DIAMOND BAR Dear Mr. Cook, The city of Diamond Bar, which was granted an extension to complete its general plan, is proceeding in violation of conditions of its extension and Government cite 65361 staff and by citizen considering a project which is clearly, by city plan. input, inconsistent with the proposed general The city council is currently considering a development of 120 homes on 160 acres of hillside in Special Ecological Area Number 15. The proposed general plan calls for one unit per two and one-half acres in this area, therefore permitting no more than 64 to homes. The city attorney has ruled that the city is djustupr filed ior the proposed general plan since the project was to Diamond Bar became a city, while there is no justification in the code for such a ruling. A transcript of his ruling is enclosed for your review. We are asking you to direct the city manager and city comply with Government Code 65360 and 65361 andrefuse any land use unless it is consistent with the prop plan. Sincerely, DIAMOND BAR CITIZENS FOR COUNTRY LIVING William Gross Chairman P.O. Box 4209 Diamond Bar, CA 91765 attorney to adopt osed general to DIAMOND BAR CITIZENS ,y ary 18, 1992 To Protect Country Living Mr. Timothy L. Coyle Director, Department of Housing and Community Development 1800 Third Street Sacramento, California 94252-2053 Subject: CITY OF DIAMOND BAR Dear Mr. Coyle, The city of Diamond Bar, which was granted an extension to complete its general plan, is proceeding in violation of conditions of its extension and Government Code 65361 by considering a project which is clearly, by city staff and citizen input, inconsistent with the proposed general plan. The city council is currently considering a development of 120 homes on 160 acres of hillside in Special Ecological Area Number 15. The proposed general plan calls for one unit per two and one-half acres in this area, therefore permitting no more than 64 homes. The city attorney has ruled that the city is not bound to the proposed general plan since the project was filed just prior to Diamond Bar became a city, while there is no justification in the code for such a ruling. A transcript of his ruling is enclosed for your review. We are asking you to direct the city manager and city comply with Government Code 65360 and 65361 and refuse any land use unless it is consistent with the proposed plan. sincerely, DIAMOND BAR CITIZENS FOR COUNTRY LIVING William Gross Chairman P.O. Box 4209 Diamond Bar, CA 91765 attorney to to adopt general DIAMOND BAR CITIZENS y To Protect ftry 18, 1992 Country Living adm 7317 Mr. Gary Collard Analyst, Department of Housing and Community Development 1800 Third Street Sacramento, California 94252-2053 Subject: CITY OF DIAMOND BAR Dear Mr. Collard, The city of Diamond Bar, which was granted an extension to complete its general plan, is proceeding in violation of conditions of its extension and Government Code 65361 by considering a project which is clearly, by city staff and citizen input, inconsistent with the proposed general plan. The city council is currently considering a development of 120 homes on 160 acres of hillside in Special Ecological Area Number 15. The proposed general plan calls for one unit per two and one-half acres in this area, therefore permitting no more than 64 homes. The city attorney has ruled that the city is not bound to the proposed general plan since the project was filed just prior to Diamond Bar became a city, while there is no justification in the code for such a ruling. A transcript of his ruling is enclosed for your review. We are asking you to direct the city manager and city attorney to comply with Government Code 65360 and 65361 and refuse to adopt any land use unless it is consistent with the proposed general plan. Sincerely, DIAMOND BAR CITIZENS FOR COUNTRY LIVING William Gross Chairman P.O. Boz 4209 Diamond Bar, CA 91765 DIAMOND BAR CITIZENS Atft ry 18, y To Protect Country Living Mr. Gary Collard Analyst, Department of Housing and Community Development 1800 Third Street Sacramento, California 94252-2053 Subject: CITY OF DIAMOND BAR Dear Mr. Collard, 1992 Please send a copy of the letter of extension of the 30 month period for adoption of a General Plan for the city of Diamond Bar, as we discussed on the phone today. Thank you for your assistance and comments. Sincerely, DIAMOND BAR CITIZENS FOR COUNTRY LIVING William Gross Chairman P.O. Box 4209 Diamond Bar, CA 91765 Transcription of comments made by Andrew V. Arczynski City Attorney, City of Diamond Bar at the City Council Meeting, Tuesday, January 21, 1992 "Madame Mayor Protem, members of the council, for benefit of the members of the audiance, I certainly don't want to stop anyone from making a statement they want to make but one point I do need to make is that the law is clear in this instance, the proposed general plan that is presently being circulated is not to the document which would be applicable to these projects. These projects are to be reviewed under the then existing general plan or whatever documents that were in place at the time the applications were being complete(d). So the issue of one unit per acre or one for every two and one half acres is really an irrelavenacy to the council's analysis of these projects. We are not allowed by law to change everything in the middle of the stream on a vesting map such as we have here." Transcribed by William J. Gross, February 16, 1992