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HomeMy WebLinkAbout01/19/1993CITY COUNCIL AGENDA Mayor — Gary G. Miller Mayor Pro Tem — Phyllis E. Papen Councilman — John A. Forbing Councilman — Gary H. Werner Councilman — Dexter D. MacBride City Council Chambers are located at: South CoastAir Quality Management DistrictAuditotrum 21865 East Copley Drive MEETING DATE: January 19, 1993 MEETING TIME: Closed Session - 5:00 p.m. Regular Session - 6:00 p.m. Terrence L. Belanger City Manager Andrew V. Arczynski City Attorney Lynda Burgess City Clerk The City of Diamond Bar uses RECYCLED paper andencouragesyou 10 do thesame. 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. Next Resolution No. 93-01 Next Ordinance No. 01(1993) 1• CLOSED SESSION: 5:00 P.M. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 2. CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Miller INVOCATION: Reverend Steve Berger, Calvary Chapel of Diamond Bar. ROLL CALL: Councilmen MacBride, Forbing, Werner, Mayor Pro Tem Papen, Mayor Miller 3 • PUBLIC C0I9IENTS : "Public Comments" is the time reserved on each regular meeting agenda to provide an oppor- tunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a SnOalror/o _ Council. ---••�._�. LIIILC 11m1L when addressin the Cit 4. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 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 EVENTS: 5.1.1 Planning Commission - January 25, 1993 - 7:00 P.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.2 Parks & Recreation Commission - January 28, 1993 - Copley D:00 P.M., AQMD Hearing Room, 21865 E. 5.1.3 City Council Meeting - February 2, 1993 - 6:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES: 5.2.1 Regular Meeting of December 15, 1992 5.2.2 Regular Meeting of January 5, 1993 JANUARY 19, 1993 PAGE 2 5.3 WARRANT REGISTER Approve Warrant Register dated January 19, 1993 in the amount of $215,943.48. 5.4 CLAIM FOR DAMAGES - Filed by Amado Saucedo November 13, 1992. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co. Manager. , the City's Risk 5.5 PROPOSITION A LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1992 AND 1991- The City's Proposition A Local Return (Prop A) and Transportation Development Act Funds (TDA) are required to be audited on an annual basis. The audit for the fiscal year ended June 30, 1992 was completed in October 1992 by Simpson & Simpson, C.P.A. Recommended Action: Receive, accept and file Proposition A Local Return Fund and Transportation Development Act Fund Audit Reports for Fiscal Years ending June 30, 1992 and 1991. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAMATION JOINING THE L.A. CITY COMMISSION ON THE STATUS OF WOMEN IN CONDEMNING THE TORTURE OF BOSNIAN WOMEN AND SUPPORTING AN END TO THE PHYSICAL AND PSYCHOLOGICAL ABUSE. 6.2 REPORT FROM SHERIFF RE GRAFFITI PROGRAMS - Verbal presentation by Capt. Lee McCown of the Walnut Sheriff Station. 7. OLD BUSINESS: 7.1 REQUEST FOR PROPOSAL FOR SUPPLEMENTAL GRAFFITI REMOVAL CONTRACTOR - At the meeting of January 5, 1993, Council directed staff to prepare an RFP for a contractor to supplement the Boys & Girls Club of San Gabriel Valley for graffiti removal. The specifications outline the City's desire to supplement current graffiti removal efforts to insure that graffiti is removed within 24 hours of its reporting in the most cost efficient and effective manner possible. Recommended Action: Approve specifications for graffiti removal and direct the City Clerk to advertise to receive bids. 7.2 RESOLUTION NO 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE JANUARY 19, 1993 PAGE 3 DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS - Determination as to whether or not the City should proceed with formation of the sewer assessment district for "The Country." Recommended Action: Adopt Resolution No. 93 -XX and award a contract to Dwight French & Associates, Inc. in an amount not to exceed $140,900 and authorize a contingency amount of $35,000 to address such issues as geotechnical review or other necessary contract changes that may be necessary from the City,s perspective. 7.3 INTEGRATED WASTE MANAGEMENT FUND - PROPOSED FISCAL YEAR 1992-93 BUDGET AMENDMENT - On December 15, 1992, Council adopted Resolution No. 90-95A which modified the solid waste permit system to include issuance of individual non-exclusive contracts for collection, transportation, recycling, composting and disposal of solid waste, recyclables and compostable materials generated. In order to more accurately reflect the changes made in the type and method of solid waste collection services that are to be provided, the City Council has directed staff to prepare a budget amendment to the Integrated Waste Management Fund for Fiscal Year 1992-93. Recommended Action: Approve the proposed budget amendment to the Integrated Waste Management Fund for FY 1992-93 and authorize the City Manager to retain, at a cost not to exceed $12,500 for the services of a qualified consulting firm with experience in solid waste management practices to administer solid waste permits for the remainder of FY 1992-93. 7.4 ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT STRATEGIC TASK FORCE - The City expects to confront a series of extremely difficult economic realities beginning next fiscal year, some of which are as the result of State budget cutbacks. Recommended Action: It is recommended that the City Council: 1) Retain consultants that have expertise and in a variety of disciplines such as land use, real estate market research, economics, developing economic development strategic plans for cities; 2) Appoint a Blue Ribbon Economic Development Task Force; 3) Prior to commencing the responsibilities of the Blue Ribbon Task Force, that an economic development strategic plan concept and scoping workshop be held to obtain input from as broad a cross-section of the community as possible. It is recommended that a wide -range of community residents, business owners, property owners, JANUARY 19, 1993 PAGE 4 organization representatives and representatives of other groups, organizations and volunteers from the community be invited to participate in the concept/ scoping workshop. The ideas, comments, thoughts and suggestions that result from the activities of the workshop will become a part of the strategic plan discussion points, for which the consultants and Blue Ribbon Economic Development Strategic Plan Task Force are responsible. 8. NEW BUSINESS: 8.1 APPOINTMENT OF PARKS & RECREATION COMMISSIONER - To fill the unexpired term of Lydia Plunk, recently appointed to the Planning Commission. 8.2 ENVIRONMENTAL ENHANCEMENT PROJECT MATERIALS INSTALLATION AGREEMENT WITH THE CALIFORNIA CONSERVATION CORPS - The State California Conservation Corps has evaluated the Environmental Enhancement & Mitigation Project and approved participation of the Pomona Service District of the C.C.C. to install irrigation and planting materials at cost not to exceed $150,144. The C.C.C. is a non-profit agency that provides meaningful job training to young adults. Its involvement in this project benefits the community by offering its cost effective labor force to complete this labor intensive task. Recommended Action: Approve the Environmental Enhance- ment Project Materials Installation Agreement with the California Conservation Corps in an amount not to exceed $150,144 and authorize the City Manager, or his designee, to sign the agreement. 9. ANNOUNCEMENTS: 10. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: 14-L `� 3 PHONE: ADDRESS: ORGANIZATION: ' AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ignature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: -7v r�- Se 6 b DATE: ADDRESS: .375-0 s4 el !, St, Sw -tr- /Oc] PHONE: 9`t V'2 SC/ X e o la ORGANIZATION: �f= 1�a ✓� ca!Sa.� irtoe.�..rti, ��,, sw f'i� ,' tars AGENDA #/SUBJECT: 7. t ; peri 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 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 71 TO: CITY CLERK FROM: D/7% -2, / - DATE: ADDRESS: '? PHONE: ORGANIZATION: AGENDA #/SUBJECT• 2���tii�� I expect to address the Council on the subject agenda item. Ple se have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK AGENDA #/SUBJECT: � 3-`b DATE: PHONE: 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 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: �� / 1.� C� �'�� 410. ORGANIZATION: DATE: PHONE:_ AGENDA #/SUBJECT: /_ <,`T/^sem 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 CITY OF DIAMOND BAR I N T E R O F F I C E M E M O R A N D U M DATE: January 26, 1993 TO: Mayor Gary Miller FROM: Tommye Nice, Deputy City Clerk SUBJECT: Verbatim Transcript of Public Comments made by William Gross and City Attorney Arczynski Pursuant to your request, attached is a copy of the verbatim transcript of comments made by Mr. Gross, during the Public Comment portion of the City Council Agenda for January 19, 1993 as well as comments made by City Attorney Arczynski's. cc: City Manager Verbatim transcript of Public Comments made by William Gross During Council Meeting of January 19, 1993 William Gross, 21637 High Bluff Rd. in Diamond Bar. The reason I came to speak tonight was kind of a response to comments made after I was here the last City Council meeting, that carried on for quite a while by both Mayor Miller and Council, Mayor Pro Tem Papen and as carried in the local press. I would hate to have my position mischaracterised. As a chairman of the committee responsible for the referendum in Diamond Bar it would be unfair to characterize, were not 100% interested in promoting local schools in the area. In fact, I'd say one of the most troubling ports, parts of the whole process involved in the General Plan has been to be characterized as holding up building the high school addition, which obviously is proceeding as planned and the South Pointe Middle School. Most recently, Mr. Miller's comments were carried in Letters to the Editor in local press and articles in the Tribune as well as his comments here a week and a half ago. Saying that the result of the referendum was to hold up progress and he specified in particular the South Pointe Middle School. I'd like to make a couple of comments in that regards: First the reason why the people who, that I represent, and have worked with so hard to create the referendum that is in current litigation with the City, is because were concerned about the future of Diamond Bar. Both the future of ours and of our children and in my case, perspective children down the road. That's why were fighting the City to create a plan for our future that should create a city that's worth living in. That's a city worth having our children go to school in. Is worth having our children live the lives and stay in the community like I did and I know, Councilman Miller growing up in the area, to have our children also want to stay in the area, not just through the school process. But I think it's important to state, that, that, in no way -is it our intention to any way hold up the progress of building any school, whether it be the high school addition that was alleged to been held up a few months ago, or the South Pointe Middle School. Specific, specifically, I would say second, that the referendum has not in any way held up the South Pointe Middle School. Ah, the first thing I would say is that, that the hearing process had it been initiated months ago, and had the City Council then been prohibited from voting on the process, one could say, that, "Gee were at the very end you could even take a vote of your advise of where you would go with the project, and at that point you could say there being held up. But at this point, you only, you've delayed the hearings, for whatever logistical reasons there are, and they may be valid, I don't mean to say, it's, it's anything more than normal administration, but the hearings aren't yet to start I don't think until next week. And there's a hearing process, I think of three public hearings required, and maybe if the project is considered acceptable, it will move forward. The assumption is, ah, obviously that the project as it is designed now is acceptable. There are alot of citizens in Diamond Bar who think that taking a hugh pile of dirt and throwing it into a pristine canyon is not the type of development that they want to see. And to assume that that project is moving forward and that were holding up therefore means were holding up the middle school is a jump in logic. The second thing is that the City Council could have accepted the referendum as presented to them back in July or August. It's only because the City Council or their employees or directives have decided to not to accept what common man would say is a reasonable referendum, and we believe the Courts will agree to, they could have accepted the referendum as petitioned, set aside the flawed General Plan, and in the last few months, rewritten the General Plan substantially differently that would allowed progress to continue. But this City Council has decided not to and the City Council's decided to delay court actions. Their attorney has taken tactics to change the venue and so on, and that's resulted in the time period we have today. The final thing I just reiterate is there are alot of citizens, and I haven't spoken to many to who support the project, other than local builders who don't want to see that particular development, or developments of that magnitude in that area. And so to assume therefore that the General Plan may have, General Plan referendum may have delayed the South Pointe project, I unfairly then says that anything that we do to uphold development in this area is going to uphold schools. I think the parents and the local residents in that area need to understand that to some degree there being appeased to political reasons rather than the fact to the matter. The dirt that exists there is because of problems that were there long before the referendum and are not our responsibility. Our responsibility is to provide a future for Diamond Bar and that's what the referendum provides. So in final, I would just say that the people involved in the referendum process are not trying to destroy our community. In fact what were asking for, and we begged the City Council before they voted for the General Plan, was for a vision of Diamond Bar consistent with what the citizens want. This City Council and through their operatives have decided to challenge in court, a reasonable petition by the citizenry asking to set aside the General Plan. This City Council has also indicated its willingness, after Councilman Forbing said we waste $50,000, even given the choice between rewriting the General Plan, as the citizens are asking for and holding a special election, they have already indicated they want to make a political fight and have a special election. That's your choice. But the members who put together the referendum worked hard to do that, believe in the future of the City and believe that the schools are part of it. We are looking for a vision of Diamond Bar consistent with those views. We just believe that the General Plan is not part of that vision. Thank you. Mayor Miller: Thank you Mr. Gross. City Attorney Arczynski: Mr. Mayor, members of the Council, as indicated at the last meeting, ah, this office, our office did not file a motion for change of venue or to move the case out of Los Angeles County. All we did was indicate to the Court that at the time the matter was filed, there's a substantial project, being processed in this City that just happened to be, at least, partially owned by the Presiding Judge of the Criminal Courts of L.A. County. And that that information might be helpful to the Court. The Court on it's motion, the Presiding Judge, the Assistant Presiding Judge and the Judge in Department 86 determined that that kind of potential involvement of a Sitting Judge of the Los Angeles County Courts should trigger their automatic deferral of the case to the State Judicial Conference for reference to another county. We made no motion and we've said it over and over again, ah, I guess this time Mr. Gross' position is that we took some tactics to change venue. I suppose if telling the Court the truth is a tactic, then I'm guilty. Secondarily, if I might just very briefly indicate the issue, of "we could have rewritten the General Plan in the last few months, had the Council only exceeded to the referendum petition," just frankly, boggles my mind. The City spent almost three and a half years preparing a general plan and to simply indicate with a nice throw away statement "that you could have rewritten a whole new one in a couple of months," strikes me as an absolute perpetration of a fraud on the public. That simply could not happen and Mr. Gross knows it very well. 7u TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: 1 vt PHONE: 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 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS:— `= PHONE: ORGANIZATION: AGENDA #/SUBJECT: /,� 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 D TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: a r r l Z- e 1 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Llew -�- Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL l.� To: CITY CLERK FROM: ..�c� rr. Se 6 to � DATE: ADDRESS: --------3 T S4 e,/4 S' Z�e /0 PHONE; 9`t 4/-2 88/ ORGANIZATION: Sf= �cr y,'q/s�n s k uw AGENDA #/SUBJECT: 7. z ea�1 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect name and address as written above. t my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: OI>% � /�%/ DATE: "z9 �� ADDRESS: GU�C� PHONE:;ZZ ORGANIZATION: AGENDAS#//SUBJECT: .0I - O I expect to address the Council on the subject agenda item. Ple se have the Council Minutes reflect my name and address as written above. Signature r of Industry's City arba a recycling proposal garbage gat p By Steve SpeY2111e the city of Walnut will not be adversely impacted" GARBAGE TRANSFERJRECOVERY SITE and that "sensitive receptors, such as houses, are distance that they will not he affected car to rel The In ley to sen Environmental writer Indush of sufficient by the operation of the (plant)." Eagle Mo INDUSTRY — The race to build the San Gabriel Valley's first garbage sorting and recycling plant Indus- �. �'i WALN The project is one of at least six such trash facilities proposed for the San Gabriel ern Rive proved b; sors in picked up speed this week, with the city of a try's massive proposal nearing the finish line. So recycling Valley. Besides Industry, the cities of Pomona, Azusa, Irwindale, West Covina and the county of challenge "r. An environmental impact report on Industry's f Materials Recovery Facility is contained in a two- The pr Los Angeles at its Puente Hills Landfill are consid- Phe cities, ab volume document released Jan. 8. The public can a submit written comments until March 3. on Feb. 0. �P� '9A Bring such Proposals. Industry's is the largest, with a maximum caPac in San E County, ; 11, the city will hold a public hearing on the plant and the EIR in f -ont of the Industry City Council. According to the report, the project will cause an increase in smog locally for a few years due to -additional truck emissions. Though that will im- prove by the year 2000, the temporary air quality effects are not preventable. Other environmental effects listed in the report are an increase in glare from security lighting and increased noise and obscured views from hilltop homes located on the west side of Deep Hill Road in Diamond Bar and the Snow Creek subdivision in Walnut. 7' However, the report states that these effects can be prevented with trees and shrubs that can screen the garbage plant from the residential communi- .ties. Special "directional lighting" will be used to ,,keep the glare away from residences on Deep Hill Source: qty of Industry EBA WastechnokKOM Road, the report states. - Overall, the report concluded that "land use ity of 5,700 tons of trash per day eventually enter- ing the plant, or 34,200 tons per week, and a total of Industi 1,778,400 tons of garbage per year. in comparison, about l0 e complete the Puente Hills materials recovery facility is Pro- tons is so posed for 4,400 tons per day. Indush .The plant is to be built on a 40 -acre site just of Valley Boulevard and east of Grand Av- vice are south enue and will remain open seven days a week. It Azusa, E n n will accept trash Monday through Saturday, 18 Habra Habra hours each day, but operate 24 hours per day for On Sunday, the plant will be open for e Montemead, processing. eight hours to accept waste and recyclables from Sa te, Waln the public. It will consist of five separate buildings where The pr trash will be dumped and sorted using mechanical w processes. Recyclables will be separated and baled of their for shipment tp a redemption center, while residual by 2000. trash will be taken to landfills by truck or by rail It will Environmental impact report to take 18 months % Steve S6auZ1110 Environmental Wrter INDUSTRY — A regional materials recovery facility, known as an MRF, proposed for a buffer zone between residential neighborhoods in Wal- nut and Diamond Bar, has moved a step closer to reality. A just -released Preliminary report says the city of Industry will become the lead agency for the future trash receiving/recycling and rail transfer plant "because of its cost competitive- ness–site accessibility and versatility" and will proceed cwith ;a full-blown environmental impact report. The report identified for review the project's effect on noise levels, light and glare, odor, traf- fic and air quality of the surrounding communi- ties. The EIR will take 18 months to complete, said Chris Lancaster, city spokesman. Industry's MRF is one of six trash facilities being contemplated to serve the San Gabriel Valley and Southern California. The five planned for the Valley are proposed for Pomona, the Puente Hills Landfill, West Covina, Industry and Azusa. Waste Management Inc.'s Project, Raileycle, drafted an EIR for a rail loading and recycling facility in Commerce. The county will release its draft EIR on the Puente Hills facility, which includes expansion of the landfill closer to homes in Hacienda Heights, in two weeks. The race to build MRFs is tied to a plan to ship garbage to landfills in Southern California deserts, as those located near densely -populated communities fill up, shut down, or become polit- ically unacceptable. Cities are motivated by two factors: a state mandate to recycle 25 percent of their trash by 1995, and revenues. By charging a host fee, fi- nancially troubled governments stand to gain up to $2 million a year from an MRF. Industry's proposal ells for shipping and pro- cessing 5,700 tons per day of residential and commercial refuse at a 40 -acre site, located east of Grand Avenue between the Southern Pacific and Union Pacific Railroad main lines and with- in the eastern edge EBA Wasteetechnolo- city limits. The report, prepared Y gies of Santa Rosa, estimates the MRF will han- dle 827 trash -laden trucks per day and another 284 trucks with either recyolables going to mar- ket or garbage trucks leaving each day. It will be open for truck delivery and waste processing 24 hours a day, seven days a week. Trash will be sorted for recyclables inside the mam-transfer/sorting building, using three con- veyor lines worked by 100 sorters. Ferrous metals will be removed by large mag- nets, while aluminum, plastic and glass will be hand -sorted for recovery. Newsprint and card- board will be baled for market. Yard waste will pass through a grinder and be shipped to an off-site compost yard. Residual waste will go to remote or local landfills. Lancaster estimates the Industry MRF won't be built until 1995 or 1996, which puts it slightly behind schedule of the county Sanitation Dis- trict's Puente Hills facility. Developers of rail haul systems, which are pursuing landfill sites in the remote California towns of Amboy, Eagle Mountain, Glamis as well as East Carbon, Utah, say many MRFs are needed to feed these systems. Industry may have the most favorable site for rail haul because it is surrounded by two main rail lines. GARBAGE TF Sou MINUTES OF THE CITY COUNCIL 0 REGULAR MEETING OF THE CITY OF DIAMOND BAR ,4,t DECEMBER 15, 1992 1. CLOSED SESSION: Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 No reportable action taken. 2. CALL TO ORDER: M/Miller called the meeting to order at 6:00 p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Miller. INVOCATION: The invocation was presented by Reverend Raul Ries, Calvary Chapel Golden Springs. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen Forbing and Werner. City Clerk Burgess reported that Congressman -elect ,Tay Kim had submitted a letter of resignation as Councilman. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; William P. Curley III, Assistant City Attorney; George Wentz, Interim City Engineer; James .DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr., suggested that the community begin to work together with the Council to make Diamond Bar a model City. Don Gravdahl, 23988 Minnequa Dr., expressed concern that Planning Commission meetings are being videotaped by the public without first receiving the consent of the audience. CA/Arczynski explained that there is no legal impediment to individual taping of public meetings. However, there would have to be permission granted if the tape was to be utilized in some commercial fashion. William Gross, 21637 High Bluff Rd., expressed concern regarding the appearance of a conflict of interest involving M/Miller and his relationship with Chris Lancaster, who was found by the FPPC to have violated the Political Reform Act. He also expressed concern regarding a statement made by MPT/Papen at the last meeting accusing him of a financial interest in the JCC project. MPT/Papen pointed out that every home along the ridgeline facing the JCC project has an easement allowing the developer to grade on the property. Stopping the JCC project does have a financial impact on the value of any home along that ridgeline. She noted that she had also questioned the funding sources of these political action committees and that there should be full disclosure from both sides. DECEMBER 15, 1992 PAGE 2 Mr. Gross stated that, as Chairman of the Diamond Bar Citizens to Protect Country Living, they have complied with every single FPPC requirement. He pointed out that the FPPC is established to protect the citizens from conflict of interests, not to protect City Councilmembers. Marshall Wise, 2600 Broken Feather Lane, requested that the selection process to choose a replacement for Congressman Kim be rescinded and that the matter be brought to an election. 4. COUNCIL COMMENTS: C/Werner inquired if staff would be removing the "No Parking" signs that were inadvertently placed in front of the First Mortgage Company Building. M/Miller reported that Diamond Bar High School requested assistance in installing back stops. AA/Aberra, in response to C/Werner, stated that Mr. Clem Zirolli, Manager of First Mortgage and Todd Chavers, Chairman of the Traffic & Transportation Commission will be meeting to discuss the matter of the "No Parking" signs installed in front of the building. 5. CONSENT CALENDAR: Upon motion by C/Werner and seconded by C/Forbing, the Consent Calendar was unanimously approved by the following Roll Call vote: AYES: COUNCILMEN - Forbing, Werner, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Parks & Recreation Commission - December 17, 1992 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.2 CITY OFFICES CLOSED - December 24 & 25, 1992 - Will reopen on Monday, December 28, 1992. 5.1.3 Planning Commission - December 28, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.4 CITY OFFICES CLOSED - January 1, 1993 - Will reopen Monday, January 4, 1993. 5.1.5 City Council Meeting - January 5, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES - Regular Meeting of December 1, 1992 - Approved as submitted. 5.3 WARRANT REGISTER - Approved Warrant Register dated December 15, 1992 in the amount of $416,290.97. 5.4 Adopted the following Minute Order entitled: CLAIM FOR INDEMNIFICATION - COUNTY OF LOS ANGELES - Filed by County regarding Claim for Damages of Sherry Tyree. Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. DECEMBER 15, 1992 6. PAGE 3 5.5 Adopted the following Minute Order entitled: NOTICE OF COMPLETION -1991-92 SLURRY SEAL IMPROVEMENT PROGRAM - AREA TWO - Accepted work performed by Roy Allen Slurry Seal, Inc. and authorized the City Clerk to file the proper Notice of Completion. OLD BUSINESS: 6.1 SELECTION OF COUNCIL APPOINTMENT TO FILL VACANCY - C/Forbing stated that he believed that the person appointed to the City Council should have a background in City government, an understanding of how a City operates and the concepts of the City Council. C/Werner indicated that he felt it should not be the Council's decision as to who should represent the people of Diamond Bar but that it should go through an election process. Mr. Kim could be asked who he would recommend to complete his term, or the candidates from the last election could be screened and one selected from that. MPT/Papen pointed out that if an election is held, the term of office would only be about 5 months. To spend $50,000 for that short period of time seemed excessive. She then reviewed the elements she used in developing a matrix to determine the most appropriate candidate. M/Miller stated that he too used a matrix and stated further that the appointee must be someone who is not only qualified, experienced and motivated but also perceived favorably by the community. C/Werner moved to go to an election process. Motion died for lack of second. MPT/Papen moved, seconded by C/Forbing to appoint Dexter MacBride to fill the unexpired term vacated by the resignation of Congressman -Elect Jay C. Kim. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, MPT/Papen, M/Miller NOES: COUNCILMEN - Werner ABSENT: COUNCILMEN - None The City Clerk administered the Oath of Office to the newly -appointed Councilman MacBride. C/Werner thanked all the candidates for their partici- pation in the selection process and noted that a vacancy now exists on the Planning Commission. M/Miller announced that individuals interested in the vacancy on the Planning Commission should contact either MPT/Papen or City Hall. Staff was directed to place the matter on the agenda for the next City Council meeting. DECEMBER 15, 1992 PAGE 4 6.2 CITY COUNCIL COMMITTEE APPOINTMENTS - M/Miller announced two new City Council subcommittees: Economic Development and Code Enforcement. He stated that the individuals serving on the committees were directed to meet with community leaders and that appointments of individuals in the community will be accomplished by the subcommittee members. RECESS: M/Miller recessed the meeting at 7:05 P.M. RECONVENE: M/Miller reconvened the meeting at 7:15 p.m. 6.3 CONSIDERATION OF INSTALLING GUARDRAILS ALONG THE NORTHERLY SIDE OF GRAND AVENUE AT ROLLING KNOLL ROAD - ICE/Wentz reported that Council directed staff at the November 17, 1992 meeting to investigate and evaluate costs to install guardrails with hedges along the north side of Grand Ave., in an area generally 500 ft. east of Cleghorn and continuing for approximately an gual ardrails uardrails 1700 ft. Staff evaluated the cost of new g addition to use of salvage guardrail material as part of the project. He recommended consideration of limiting construction to no more than 250 lineal ft. of guardrail with hedges; that residents increase their respective slope area landscaping along Grand Ave.; that bids be taken for the lineal feet of guardrail to be installed and that the matter be brought back for Council action at the meeting of January 19, 1993. MPT/Papen excused herself from discussing the item due to a potential conflict of interest. In response to C/Forbing's inquiry, ICE/Wentz confirmed that the guardrail would extend approximately 50 feet beyond the Rolling Knoll intersection from the existing wall. The residents were not renotified because it was anticipated that this item would come back for further consideration. They will be notified of any subsequent Council action. C/Werner inquired if slope planting is necessary in order for the guardrails to be effective. ICE/Wentz explained that the Traffic & Transportation Commission recommended, in addition to any action hat the City might take for any related installation, that the residents also be encouraged to install additional planting. It was not intended to be a condition. In response to C/Werner, ICE/Wentz confirmed that it was staff's understanding that Council had indicated an interest in funding the cost of the installation. Staff will bring information regarding the funding source to the next lation alternate mbid, none ofor n250lfeet and ne�for dinclude 2200 feet. DECEMBER 15, 1992 PAGE 5 C/Forbing pointed out that it would only be necessary to obtain an alternate bid to install guardrails past Country View. He suggested that residents wanting to Plant trees behind the guardrail on their own property should be able to get them at whatever the cost is to the City. M/Miller pointed out that T&T's recommendation for trees was for sound purposes. He suggested that Lanterman be contacted to see if they would plant the shrubs provided by the City. C/Forbing recommended that staff go out to bid for construction of the two alternatives for the rail and bring back an estimate on landscaping as a separate item to be done after installation of guardrails. The remaining Councilmembers concurred with MPT/Papen abstaining. CM/Belanger stated that staff will bring back a package with the two alternatives as well as a lineal foot alternative that would give the maximum flexibility in terms of the length of the guardrail. 6.4 MID -YEAR BUDGET AMENDMENT FOR FISCAL YEAR 1992_93 - CM/Belanger reported that, as a result of funding changes at the State level, staff recommended changes to anticipated revenue and resources with a slight adjustment in appropriations. MPT/Papen stated that she was opposed to an increase in staff in the City Clerk Department; the workload in that office was reduced about a year and a half ago due to Council elections being consolidated with the County; the Policy of hiring interns to mentor young adults interested in getting government experience should be continued; with the change of procedures in the solid waste matter, three additional staff members needed, as stated will be by the sRRE, to accomplish implementation of programs mandated under AB939; and suggested that the Council look at alternative programs for graffiti removal since the cost had escalated. C/Forbing stated that the increase in the Clerk's Department includes the cost for Minutes and suggested that Minutes be done "in-house", as opposed to contracting it out at a higher price. He suggested instead of $50,000 for an Assistant City ager tthe City could hire an Administrative Assistant at approximately $25,000 per year. CM/Belanger, in response to MPT/Papen's comments, stated the following: the agenda would need to have a budget proposal, both Capital as well as Personnel, so that the Council can respond to the effect of the implementation DECEMBER 15, 1992 PAGE 6 of the solid waste system being proposed; Community Services had been directed to provide a staff analysis of the graffiti removal program and to offer a series of alternatives, if appropriate; if the Council taff isha will to see additional intern positions created, readjust the manpower chart, and reincorporate into the budget the resources necessary to fund those positions takes through the end of the fiscal year; approximately 30 plus hours for the City Clerk's Department to prepare the Minutes and it has beeto n determined that using a contract Minute person staff t City Clerk be involved in other very importan activities; and the guidance of the City Council will be followed in regard to the suggestion for an Assistant City Manager position. C/Werner, in support of the concept of an Assistant City Manager, stated that the City Manager should not be over extended to assure that the quality of work does not diminish. M/Miller concurred. MPT/Papen concurred with the need for an Assistant City Manager position and continued to oppose the City Clerk's request for an increase in funds. The person doing the Minutes should be present at the meetings so that transcribing is an easier process. CM/Belanger stated that a bud et settaff will ing forth cost for first meetiring back at the ng in January g ro osal creation of a solid waste management system, ear, pan an for staff to the end of the fiscal year, and an into is alinto the next indication the rmoney $60r 00 in revenue and ected fiscal yearr.. Approximately. expenditures for AB939 compliance is budgeted in the solid waste department which takes into account setting a up a management system. Staff will also bring back report on graffiti removal including alternatives in regard to different methods of removal. M/Miller stated that Council also directed staff to come back with a recommendation for additional signalization throughout the community. CM/Belanger stated that the report for additionalsgnal- ization should be available in January. it appethat there may be enough monies to consider at least two signal installatio s ovpr andjecabove those that will take place as par C/Werner moved, C/Forbing seconded to approve the Mid - Year Budget Amendment for Fiscal Year 1992-93 as recommended by the Personnel Committee and staff. Following discussion, motion carried by the following Roll Call vote: DECEMBER 15, 1992 PAGE 7 AYES: COUNCILMEN - MacBride, Forbing, Werner, M/ Miller NOES: COUNCILMEN - MPT/Papen ABSENT: COUNCILMEN - None 6.5 RESOLUTION NO. 90-45F: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS - CM/Belanger reported on recommended changes to wages, hours and working conditions of City employees, set forth as Personnel Rules and Regulations in Resolution Nos. 90-45 and 90-45A through 90-45E as presented in the staff report. He responded to an inquiry by C/Forbing by stating that the Personnel Committee, upon review of staff's recommendation, recommended this proposal for favorable consideration. In response to C/Werner, he confirmed that there is currently one open staff position, that of City Engineer, which will probably not be filled this fiscal year. Currently, ICE/Wentz is both consulting Engineer and City Engineer. If the position were to be filled, it would be in conjunction with the ultimate appointment of a full time staff Engineer. C/Werner indicated that, as a member of the Personnel Committee, he preferred to continue contracting out the City Engineer position. M/Miller stated that, as the other member of the Personnel Committee, he would like to keep the City Engineer position open so that the City keeps the option in the future. C/Forbing concurred. MPT/Papen stated that the benefits package increased from $325/month in 1989 to over $450/month in 1992; if the changes are approved, 17 of the 24 employees would become management and the salary increase should reflect the economy of scales. MPT/Papen moved to adopt Resolution No. 90-45F with the following changes: approve an increase in the benefits by 22% per month; keep the designated employees as is and freeze salaries. Motion died for lack of a second. C/Forbing stated that when the City first started hiring, staff was hired at salaries well below the average. Increases received in the past two years has not brought staff up to the average for similar positions and this is a merit increase for a job well done. MPT/Papen pointed out that this is taxpayers' money and DECEMBER 15, 1992 PAGE 8 that, in the private sector, salaries are down 5-6%. The 4% increase is above the cost -of -living and in today's economy of scales, is inappropriate. M/Miller concurred with C/Forbing and stated that, when staff was hired, it was publicly stated that an effort would be made to try to bring them up closer to the average. CM/Belanger, in response to C/MacBride's inquiry, responded that the adoption of the salary Resolution, as proposed, would not bring the majority of the salaries up to the average of comparable cities in the vicinity. It had been determined that 2/3 of the cities surveyed recently moved their salaries forward. C/Werner moved, C/Forbing seconded to adopt Resolution No. 90-45F entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - MacBride, Forbing, Werner, M/ Miller NOES: COUNCILMEN - MPT/Papen ABSENT: COUNCILMEN - None 6.6 PROPOSED SEWER PROJECT IN "THE COUNTRY" - ICE/Wentz reported that a town hall meeting was held on November 19, 1992 at the community center in "The Country" with residents impacted by the proposed sewer assessment district. Staff included in the staff report an outline of the discussion at that meeting as well as general information relating to key tasks, including a need for discussion about the design effort and a petition that would need to be completed for formation of this district. He recommended that the Council establish January 19, 1993 as the time. and place for consideration of a Resolution of Intention for proceeding with the proposed district; authorize staff to proceed with securing competitive bids for design of the proposed sewer system; direct that a petition be circulated to the affected property owners pursuant to Section 2804.5 of the Streets and Highways Code; direct staff to determine any EIR requirements for inclusion in the report to be prepared for January 19, 1993; and authorize an amount not to exceed $45,000 for City Engineering support. C/Forbing moved, seconded by MPT/Papen, to approve the recommendations made by staff. In response to MPT/Papen's inquiry, ICE/Wentz stated that the intent would be to circulate the petition to the DECEMBER 15, 1992 PAGE 9 of the properties within the assessment present owners area and bring o back to the City prior to the February Further, processing the design 16, 1993 meeting. eFur the process. Bids could be immediately would exp 19th secured rapidly and made availe at tto establish the meeting, giving Council the opportunity Resolution of Intentio at the stoeallowe time. The weeks process could also be streamlined for a response from responsible bidders. The time frame indicated in the staff report is a very aggressive schedule and the key tasks must be performed to legally form the district. Regarding the health and and in safety issues, he stated that currentwith that the tdistrict be his opinion, he would recommend formed as part of a health and safety issue. C/Werner requested staff to ensure that the emphasis on ntation be more health and safety ses in future noted that the cost prominently 'displayed. effectiveness and the timeliness is control it bs tcost the Assessment Engineer and the lnesthes district also effective to have the firm manag q handle the design of the going out to bid trict. He and thatstaff that he is in support of g g f irm to do the nt n, based on and design, should negotiate with Mr. Wen assessment district, the management the premise that there is a major health and safety issue. suggested that the bid package specify both the MPT/Papen leaving the design plus assessment and the design only, only one. Council with the option of awarding C/Werner, noting thatt thatmatt er staffs in a tfuture property owners, requestedprocess was maintain and establish the way the that both the initiated. He reiterated his suggestion oshe assessment management and the design for the prop sewer system be put out for bid. M/Miller reminded Counand bring back il Of a f nal recommendat staff's recommendatio 19th meeting, after an open tion at the Januar rocess has taken place. Motion competitive design p carried by the following Roll Call vote: AYES: COUNCILMEN - MacBride, Forbing, MPT/Papen, M/ Miller NOES: COUNCILMEN - Werner ABSENT: COUNCILMEN - None 6.7 RESOLUTION NO. 90-95A:MUNICIPAL SYSTEMIP CM/Belanger ger r port d that DISPOSAL AND RECYCLING permit Resolution No. 92-95A would amend the current of solid system as it relates to collection and disposal DECEMBER 15, 1992 PAGE 10 waste, creating a non-exclusive cocity. to be granted to the any qualified solid waste contract the ng It is requirements and standards set forth the Resolution, o meet with all currently operating to staff's intention, upon adoption solid waste collection review the nt and disposal firms and to laced upon the contract firms - The and requirements being P ort to set rates. The contract document does not Pure the competing firms who rates will continue to be set by permit system. are providing service under the p representing Western Waste Industries, Lance Jones, the proposed contract stated that, when reviewing process document with flexibil ty taff, he would t e hope that contract the language include some as well as regarding potential rate structures, provisions of services and compliance with p,B939 requirements. c/Forbing noted that the 1160 -day" requirement on page 10 " because it is shouldful be changed to "w111sallow 60 days prior tthe that any insurance broker termination dated. Council concurred. MPT/Papen announced that 0, 1992rstati g that there from f the no FPPC dated December 1 her son's work for Western conflict of interest regarding contributions. Waste, or with her receiving campaignt pursuant to Neither constitute an economic interes Section 87103 and the case had been csed without action lo being taken. e added between 91prov s stated that "Of should ,located on the bottom of page "provision this agreement" 10, section 9, under Terms. ude C/Werner requested that the contract document °carry lout language to provide that the company trash facilities for the disabled as is indicated on page 3 of the staff rep It was moved by C/Werner, seconded by C/Forbing to adopt Resolution No . CITY OF entitled: BARRESTABLISHING ASOLUTION OF HE CITY PERMIT COUNCIL OF THE CITY OOF SYSTEM FOR THE COLLECTION DISPOSAL Call SO LID WASTE. Motion carried by the AYES: COUNCILMEN MacBride, Forbing, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None DECEMBER 15, 1992 PAGE 11 7. NEW BUSINESS: 7.1 SHERIFF'S CIVILIAN ADVISORY BOARD APPOINTMENTS - CM/ Belanger reported that the Los Angeles County Sheriff's Department requested that the Council provide the appointment of two (2) at -large members to its Civilian Advisory Board. MPT/Papen recommended Mrs. Dale Mueller and C/Forbing recommended Karla Adams. Council concurred on submittal of both names to the Sheriff's Civilian Advisory Board. 7.2 RESOLUTION NO. 92-66: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING WATER EFFICIENT LANDSCAPE REGULATIONS - CSD/Rose reported that AB325 required the State of California Department of Water Resources to prepare and adopt a Model Water E 1993 for fficientLandscape Ordinance to go into effect January 1, all cities who adopt their own local water efficient landscape Ordinance or Resolution, or issue findings that the model is impractical for implementation in the City due to staff -intensive requirements and the lack of City -controlled water -monitoring information systems. As an alternative to the State Model Ordinance, the East San Gabriel Valley Planning Committee prepared model regulations which address the needs of cities in this region. He recommended adoption of the Water Efficient Landscape Regulations set forth in Attachment A of the Resolution. CM/Belanger stated that the standards set forth in the Water Efficient Landscape Resolution would ultimately find their way into a Zoning Ordinance when created for the City. C/Forbing moved, seconded by MPT/Papen to adopt Resolution No. 92-66 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING WATER EFFICIENT LANDSCAPE REGULATIONS. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Forbing, Werner, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 7.3 ESTABLISHMENT OF ECONOMIC DEVELOPMENT STRATEGIC PLAN TASK FORCE - CM/Belanger reported that creation of an Economic Development Strategic Plan would use the business demographic data generated by the Business Survey for foundational information for an Economic Development Strategic Plan. The formation of an ad hoc task force to study and recommend elements of an economic development DECEMBER 15, 1992 PAGE 12 necessary. Such a task force would be strategic plan is Commission, business and community comprised of Council, members. He recommend on plan for that reestablishment aof an and prepare an organi.za Pplan Economic Development StrncilatSubcommittee a for FoEconomic appoint a City Development. expressed support for the Gary Neely, 244 Canoe Cove, P Economic Development Plan Task Force and inquired if ito t would be appropriate for the City to ter out a SYS tsince encourage residents to become reg funding from the State is tied to the number of registered voters. CM/Belanger explained that the actual population is established by the census and not by the number of registered voters. ested that the City Manager consider C/Forbing Sugg professor inviting Randall Lewis from Lewis Homes and the from inviting CalRay l discuss with staff ways to improve the economic climate in the City. Following discussion, it was agreed to direct staff to prepare an organization plan for establishment of an plan Task Force Economic Development Strategicommittee C/MacBride. for Economic appoint a City Counci Development comprised of C/Forbing and RECESS: M/Miller recessed the meeting at 9:30 P.m. RECONVENE: M/Miller reconvened the meeting at 9:45 p.m. 8, PUBLIC HEARING: 8.1 ORDINANCE N0. 07 (1992): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAND ADOPTING GHILLSIDE IN MANAGEMENT (GRADING) ORDINANCE reported that SUPPORT THEREOF - expiration of the implementation of the General Plan and Interim Hillside Management Ordinance made it nhcessar to establish permanent standardsing Code Amendment 92-2 development. The intent of Zstandards for hillside was to revise existing Commission concluded its development. The Planning and public review of the Orde recommended t at Council ce on October 26, 2 open recommended adoption. H a rove for first the Public Hearing, take testimony, pp of Ordinance reading by title only and waive full reading No. 07 (1992), the Hillside Management Ordinance. M/Miller re -opened the Public Hearing continued from December 1, 1992. DECEMBER 15, 1992 PAGE 13 There being no testimony offered, M/Miller closed the Public Hearing. Following discussion, it was moved by C/Wernerto rovisiona t the proposed forordinance ofwith second ope density p Motion The following changes to the Ordinance were approved through Council consensus: Exhibit A, Section le, add "where possible" following the word "preserve. Section lf, change "natural terrain" to "undeveloped terrain." Section lg, change to read "To correlate intensities of order to development with the steepness w ° unnecessaryterrains in removal of minimize the_ impact of grading, vegetation, land instability and fire hazards. Page 3, Item 6, change "significant ridgeline" to "prominent ridgeline. M/Miller expressed andncern that thetthere was no definition of "Prominent for "significancan Ridge" on Page st was i dic ting prominent ridges vaue. He e within staff prepare a Y the community, identify them and indicate them on an then all owners, environmental constraint map, esignation--there developers, etc. will be aware of the d would be no argument. C/Werner agreed with requesting staff to map the ridges. Page 9 "Slope Cotr hillside slopes in areasries" - change to read „ The following are standards f that will not be landform graded." Change "% Natural Slope" column to: 1. l0 to 24.9 2. 25 to 39.9 3. 40 to 49.9 4. 50 and over Page 17, Item D(2), change from "2:1 to 1:5:1. Page 19, Item 1, change "beneath" to "adjacent to." Page 30, Item 6, remove ade 11 percentage fromresidential a'110" ftom" 12%ond sentence. Change g P Page 39, Item 7, change to "Where required by la e 9 and jute netting shall be used to help stabilize p minimize soil erosion." DECEMBER 15, 1992 PAGE 14 Page 39, Item g, change "within canyons" to "within undeveloped canyons. Guidelines, it 2, change to "The vegetation Page 40, 11 should reduce the impact of the structures... language below Figure 30 continuing to Figure delete Slope Lanscaing. Page 45, Section E - Change to read "Provide a sufficient number of slope profiles as required by Engineer..." Strike the next sentence. Page 46, Section K1, change to read "A computerized or topographic model;" T/Papen, seconded by C/MacBride to MP It was moved by and approve for first reading, by waive full reading pp entitled: AN ORDINANCE title only, Ordinance No. 7(1992) OF THE CITY COUNCIL OF THE CITY FORDINANCEB AND ADOPTING A HILLSIDE MANAGEMENT (GRADING) F. Motion carried unanimously FINDINGS IN SUPPORT oll Ca101 vote: by the following MPT/ COUNCILMEN - Werner, MacBride, Forbing , AYES: Papen M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 9. ANNOUNCEMENTS: All Members we newly - 9. Councilman MacBride. announced that at the City selection alternate t to tithe MPT/Pa en P she was elected in early December, with an Metropolitan Transit Authority for the San Gabriel Valley o be ratified by all L.A. County 93ities in January, effective date of February 10. ADJOURNMENT: There being no fu 1 hero bpu siness to conduct, M/Miller adjourned the meeting a ATTEST: Mayor LYNDA BURGESS, CMC/AAE City Clerk MINUTES OF THE CITY COUNCIL DRAFT JANUARY 5 1993 REGULAR MEETINGCITY F DIAMOND BAR 1. 5 P.M. STUDY SESSION: CA/Arczynski announced that a Closed Session had been held for discussion of matters pertaining to Code ection 54569 and Peronnel, Litigation, Government 54957. 6 and that9no�reportablesaction Government Code Section had been taken. M/Miller called the meeting to order 2, CALL TO ORDER:in the AQMD Auditorium, 21865 E. Copley Dr., at 6:05 p.m. P Y Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Miller. The Invocation was given by Dr. INVOCATION: Robert Wiley, Jr., Northminster Presbyterian Church. Mayor Miller, Mayor Pro Tem Papen and ROLL CALL: Forbing and Werner. Councilmen MacBride, Also present were Terrence L. Belanger, City Manager; Andrew City Attorney; William P. Curley, III, Assistant V. Arczynski, Interim City Engineer; James City Attorney; George Wentz, Community DeStefano, Community Development Director; Clerk.o eg Services Director and Lynda Burgess, Y William Gross, 21367 High Bluff Rd., 3, PUBLIC COMMENTS: citing examples of su 1 planuReinquired operations h effect had not stopped noted that the Genera into how much money had business growth. He then ity's actions in the current court been spent to defend the C case. d Rd., referring to Item 5.3 of the Don Schad, 1824 Shaded Woo Consent Calendar, suggested that the agenda packet include an itemized Warrant Register. 1 Bent Twig Ln., asked why the public was Max Maxwell, 321 the invited to attend morudo fsasclosed f session. Y Council when, in actuality, it was there would M/Miller explained that they it ms to discuss. Hetapologized be so many executive sess. for the error. Mr. Maxwell, referring to the December 1992 Planning and field trip, suggested that the Commission study session public be given more notice oft ents to attend o that they are able to make necessary arrang Broken Arrow Dr., expressed concern for the Bob Quartucy, suggested that offenses be continuing graffiti problem and plus community service to the City. punishable by a fine, Also, as President of that the e are no ar 1seniorsnonrthe tSenior he expressed concern resent their needs for Citizen Advisory Subcommittee to p JANUARY 5, 1993 PAGE 2 furnishing the new Community Center, or their concerns for services and programs that they would like implemented. CM/Belanger explained that seniors will be involved in the Senior Citizen Subcommittee's discussions of those issues relating to senior citizens. RECESS: M/Miller recessed the meeting at 6:30 p.m. to allow Jones Intercable to repair a transmitting problem. RECONVENE: M/Miller reconvened the meeting at 6:38 p.m. C/Werner suggested that, in the 4. COUNCIL COMMENTS: then future, if a closed session runs later than anticipated, the session should be continued to after the regular Council meeting so that the public can participate in the noticed study session. MPT/Papen pointed out that study sessions are optional, and are held to give the Council an opportunity to ask questions of staff to gain more information on items on the regularly scheduled meeting agenda. In regard to Mr. Gross' comment that the Referendum had not stopped business growth in Diamond Bar, she pointed out that the projects mentioned were indi- vidual projects excluded from the limitations that the Council agreed to in the Resolutions and Ordinances adopted following the Referendum process. Final action cannot be taken on the South Pointe Middle School construction, the Bramalea agreement nor the Tres Hermanos Ranch project until the Referendum issue is settled. 5. CONSENT CALENDAR: CM/Belanger requested that Item 5.3 of the Consent Calendar, the Warrant Register, be amended from $943. He further that Items 78.63 to 7.2 be continuedtothe January 19, 1993d 6.3andmeeting. C/Werner moved, C/Forbing seconded to approve the Consent Calendar as amended. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Werner, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Parks & Recreation Commission Study SessionHearing January 7, 1993 - 7.00 p.m., Room, 21865 E. Copley Dr. 5.1.2 Planning Commission - January 11, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.3 14, 1992affic &- Transportation:00 .AQMD HeaJanuary ring Room, 21865 E. Copley Dr. JANUARY 5, 1993 PAGE 3 5.1.4 City Council Meeting y 9, 1992 6:00 P.m., AQMD Auditorium, 21865 E1 Copley Dr. 5.2 APPROVAL OF MINUTES - Adjourned Regular Meeting of December 8, 1992 - Approved as submitted. 5.3 WARRANT REGISTER Approved amended Warrant Register dated January 5, 1993 in the amount of $947,628.63. 5.4 TREASURER'S REPORT - Received & filed Treasurer's Report for the Month of November, 1992. 5.5 PLANNING COMMISSION MINUTES - Regular Meeting of November 9. 1992 - Received & filed. 5.6 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of November 19, 1992 - Received & filed. 5.7 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - 5.7.1 Regular Meeting of October 8, 1992 - Received & Filed. 5.7.2 Regular Meeting of November 12, 1992 Received and filed. - 5.8 MEMBERSHIP OF CITY OF CALABASAS IN SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (SCJPIA) membership of - Approved City of Calabasas in the SCJPIA and authorized C/Forbing to execute the consent form as the City's Delegate to the Authority. 5.9 BID AWARD - ENVIRONMENTAL ENHANCEMENT FOR 60 FWy. _ Awarded a contract for purchase and delivery of planting and irrigation materials for the Route 60 Freeway project to Marina Contractors, Inc., the lowest responsible bidder, in the amount of $204,699.02. At the request of C/Werner, CSD/Rose explained that the Environmental Enhancement Project is a grant awarded to the City to install approximately 5,500 trees along the 60 Freeway between the Grand Ave. interchange and Phillips Ranch Rd. In addition, approximately 200 trees will be installed at Peterson Park. CM/Belanger further stated that the California Conservation Corps will assist the City in constructing the project but thatcommunity organizations were encouraged to participate in the tree planting in appropriate areas. 5.10 BOND EXONERATION - HIGHWAY & DRAINAGE IMPROVEMENTS ON DIAMOND BAR BLVD, BETWEEN BREA CANYON RD. AND PATHFINDER RD. - Exonerated bond posted for improvements located on Diamond Bar Blvd. between Brea Canyon Rd. and Pathfinder Rd. (Parcel 13041) in the amount of $92,560 and directed City Clerk to notify the principals. PAGE 4 JANUARY 5, 1993 on William Hennessey filed by referred matter FOR DAMAGES - uest and ,s Risk 5.11 CLAIM 1992. Rejected req & Co., the City December 14, to Carl Warren for further action Manager. DIAMOND BAR - CSD/Ro$e 6. OLD BUSINESS: GgAFFITI IN the City graffiti removal in 6.1 CURRENT STATUS OF from an that the cost of g ears, increasing reported the past 3 Y Of of quadrupled over onth the current had q 665 per m to of San Gabriel Valley, average Of $ The Boys Club express concern $2,882 per month* recently exp es immediate basis es the current contractor, raffiti on ability to remove 9 artment atkno ntas their The Sheriff s Dep due to the increase. number of local vandals0.00 dollar to currently offers th$e arrest and the increaif se TheaC ty lou leading to Witt graffiti and ,staggers• information property wi for to help stay reward one defacing P network staff conviction of any information the problem. joined a graffiti combat of stricter developments tO as adoptionprograms and abreast of nealterna t ves such Of education all require looked into development service; that Ordinances, for community He recommended requirements of City resources. raffiti in expenditure fitment toa d direCt staff to Council reaffirm their comm expense supplement the removed at City to supe a timely the City to secure a contractor raffiti in prepare an RFP Club in removing g efforts of the Boys and cost effective manner. of buildings owners suggested that property to see what they can C/MacBride raffiti be contactehe responsibility vandalized by g lace owner. There do to help. Some cities P ro ertY that should the affected P, Problem graffiti removal on s to tackle this P are some creative way be explored.a previous that Council reconsider ►ints and large MPT/PaPen suggested of spray P proposal to restrict purchase limits. magic markers within City on this to work and en and C/MacBridwith options M/Miller asked Mback to the Council problem- Council issue and come back this recommendations in resolving recomm City concurred. into whether the to C/Werner'$ inquiry 00 penalty to institute In response o beyond the $ service provision a community lamed that has authoritythaI includes CA/Arczynski _XP this an ordinance Mr. Quartucy,of those involved in as sugge3ted by majority different justice the vast they fall into a and are because Code provisions, Raising activity are minors, samepenalties. Welfare and Institutions system, subject to the not necessarily JANUARY 5, 1993 PAGE 5 the consciousness of the court system to make community service an appropriate form of punishment takes time and coordination with other entities. It was moved by C/Werner, seconded by MPT/Papen to direct staff to prepare a Request for Proposals to obtain a contractor to supplement the efforts of the Boys' Club of San Gabriel Valley. Motion carried unanimously. 6.2 ORDINANCE NO. 07 (1992) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A HILLSIDE MANAGEMENT (GRADING) ORDINANCE AND MAKING FINDINGS IN SUPPORT THEREOF - M/Miller corrected Item 6, Page 26 of the Exhibit to read, "Grades of streets in the hillside areas shall be as provided in this subsection. Hillside collector and arterial streets shall not exceed 12%. Hillside residential local streets shall not exceed 15%." C/MacBride made the following corrections: 1) amend Section B(2), Page 6 to read, . and in an exposed position on the slope face." 2) and change the semi -colon to an apostrophe in Section b of Landform Grading on Page 7, to read "91." C/Werner suggested again that slope density provisions, related to the rural/residential area of the community, be included in the document. M/Miller stated that the Council had previously concurred with the recommendation made by the consultant that it not be included. It remains the consensus of the Council to follow the consultant's recommendation. M/Miller opened the meeting for public testimony. Don Schad, 1824 Shaded Wood Rd., stated that GPAC had recommended that Sandstone Canyon remain as open space due primarily to its incalculable value to the community as an area of natural resources. The area should be deleted from the Hillside Ordinance because any modification to this formation will have a disastrous impact on the surrounding neighborhoods near this canyon. Eileen Ansari, 1823 South Cliffbranch Dr., noting that most cities with developments on hillsides include the slope density factor in their ordinance for added protection of the citizenry, inquired why it has been deleted from the City's Ordinance. CDD/DeStefano explained that the Planning Commission did not recommend to the Council a Hillside Ordinance with a slope density formula. From a planning perspective, slope density is basically a means of relating the intensity of development to the steepness of the slope, as a general means, of reducing overall density. The JANUARY 5, 1993 PAGE 6 proposed Ordinance not only looks at the steepness of the slope, but the entirety of all criteria utilized when looking at any piece of property for development. The provisions of the City's General Plan outlines maximum density for a given site, and includes guidelines and standards for preservation of narrow ridgelines, steep slopes and canyons. Zoning standards, dealing with density, setbacks, etc., are considered, as well as grading, geology, the overall design being proposed, the preservation of significant natural resources and access. This ordinance is trying to encourage diversity and design solutions, density clustering, or transfers of density where appropriate. The Planning Commission's recommendation did not include the slope density formula because they felt that the Ordinance should incorporate a variety of the aspects just outlined. Mrs. Ansari stated that the inclusion of the slope density formula has been a safety factor for containing development in many cities. The formula is another added safeguard on this hillside management plan. MPT/Papen stated that, in her opinion, having the visual illustrations in the Ordinance is better than having the slope density formula. Landform grading requires more land, thereby reducing the amount of development on a piece of property, as in the case of the recent Piermarini project. Adding the regulations of development, a "no growth" community could possibly be created. Other cities throughout the State will model this Ordinance because it encourages planned development. Max Maxwell stated that the slope density formula should be included in the Ordinance as a way to limit development and increase the Council's control over development. The Ordinance, as it stands, gives free reign to the developer. The citizens would probably encourage a "no growth" community. C/Werner stated that for the record, he supported the slope density provisions as part of the General Plan and as a part of this Ordinance. Slope density would not prohibit growth, but reduce growth in the community. However, he stated that he is not opposed to the standards in the particular provisions of the Ordinance and felt that it is a large leap forward in regulating hillside development. William Gross stated that, in his opinion, the citizens of the City would like to see a reduction in development over what the Council finds acceptable. Lydia Plunk, 1522 Deerfoot Dr., expressed support of the Ordinance by stating that it addresses safety and aesthetics. JANUARY 5, 1993 7. PAGE 7 With no further testimony offered, M/Miller closed the meeting to public testimony. MPT/Papen noted that Mr. Gross had not presented a standard that he feels the City should operate within. Council has restricted growth and extracted more community amenities from developers than had been done in the past. It was moved by C/Werner, seconded by MPT/Papen to waive full reading of Ordinance No. 07(1992). Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN - Werner, MacBride, Forbing, MPT/ Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Motion was made by MPT/Papen, seconded by C/Forbing to adopt Ordinance No. 07(1992) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A HILLSIDE MANAGEMENT (GRADING) ORDINANCE AND MAKING FINDINGS IN SUPPORT THEREOF. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN - NOES: COUNCILMEN - ABSENT: COUNCILMEN - MacBride, Forbing, Papen, M/Miller None None Werner, MPT/ 6.3 INTEGRATED WASTE MANAGEMENT FUND - PROPOSED FISCAL YEAR 1992-93 BUDGET AMENDMENT - M/Miller announced that this matter would be continued to the next meeting. Don Gravdahl, 23988 Minnequa, noting that recycling centers are not required by law to report to the City their recycling response, suggested that they be required to obtain a license with a minimal fee and required to report the amount recycled. M/Miller requested that staff include Mr. Gravdahl's suggestion in the staff report for the next meeting. NEW BUSINESS: 7.1 APPOINTMENT OF PLANNING COMMISSIONER - MPT/Papen reported that, after reviewing the six applications received for the vacancy on the Planning Commission, she chose to nominate Lydia Plunk. C/MacBride seconded the nomination. The Council unanimously concurred to appoint Lydia Plunk to fill the unexpired term of Dexter MacBride on the Planning Commission. JANUARY 5, 1993 C/Forbing stated replace Mrs. Plunk and will appoint meeting. PAGE 8 that he will accept applications to on the Parks & Recreation Commission a replacement at the next Council 7.2 ECONOMIC DEVELOPMENT - M/Miller announced that this matter had been continued to the next Council meeting. 8. ANNOUNCEMENTS: Martha Bruske, 600 South Great Bend Dr., stated that though she is in agreement with the friend- lier atmosphere at Council meetings, she is still dissatisfied with the lack of action being taken by the Council and the City, particularly regarding the graffiti problem. The City is still operating on a more reactive than proactive basis. 9. ADJOURNMENT: With no further business to conduct, at the request of MPT/Papen, the meeting was adjourned in memory of Karin Unruh at 8:17 p.m. ATTEST: Mayor LYNDA BURGESS, CMC/AAE City Clerk 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 Papen and Councilmember Forbing FROM: Linda G. Magnuson, Accounting Manager SUBJECT: Voucher Register, January 19, 1993 DATE: January 14, 1993 Attached is the Voucher Register dated January 19, 1993. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to their 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 January 19, 1993 has been audited approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION AMOUNT 001 General Fund $175,195.46 112 Prop A -Transit Fund 400.00 115 Int. Waste Mgt Fund 13.00 138 LLAD #38 Fund 1,840.98 141 LLAD #41 Fund 9,096.04 250 CIP Fund 20,825.00 510 Self Insurance Fund 8,573.00 TOTAL ALL FUNDS APPROVED BY: �.y Anda G. Mag son Accounting Manager Terrence L. Belanger City Manager $215,943.48 Phyllis E. Papen Mayor Pro Tem ic>hn A. Forbing Councilmember RUN TIME: 11:2681/14/93 * * * Cit r)y 0f Di a Aar t** VUr,HER flE6[STEp VENDOR NAME VENDOR ID. DUE THRU,,,,,,,,,,,,,811i9/9;i PW1 ACCOUNT-*oBATCHEINO.-------------------------------------------- ----------------- ---------------ENTRY/DUF INVOICE DSCRIPTIO t t PREPAID N AMOUNT DAE----------------- CHtFC+ K ------------------------------- ARA/Gory Refreshment Svcs ARA +881-4898-2138 4 38119A Areentrout, Phil Areentrout *001-4440-4048 3 30119A Areentrout, Phil Areentrout *001-4440-4040 4 30119C Bank of America HanknfAear *001-4838-2318 2 36119A *861-4030-2325 7 30119A *801-4830-2325 6 30119A *881-4638-2325 9 30119A *001-4030-2325 10 30119A 1001-4036-2325 11 30119A Boys C1ub]San Gabriel Vly BoysClub +001-4555-5528 1 30119A Brra, City of 1801-4350-5380 Chapman, Kim +801-3474 BreaCity 138119A 521 2 30119A 8//13 01/19 291131 81113 01/11 6116 01/13 81/19 01/13 81/19 81/13 01/19 01/13 01/19 81/13 01/19 01/13 01/19 01/13 81/19 01/13 01/19 81/13 81/19 14723 81/13 81/19 5942 Clayton Engineering Inc. ClaytnEngr +258-4318-6415 04693 5 30119A 01/1489A 01/13 81/19 2259 Fib -Equip Rental 29.00 TOW. DUE VENDOR --------> X9.80 EaerCoordSvcs-12/28-1/6 575,80 TAfAL DUE VENDOR -----} 575,09 EaerCoardSvcs-12/7-12/24 1,125,00 01/19/93 8000011010 TOW PREPAID AMOUNT ----y 1,725.88 IOTA[ DUF VFNDOR--------0.00 Fuel-CMgr 16.90 Mtg-Cegr 12/16/92 50.67 Mtq-Cegr/Caltrans 12/1 28.45 Mtg-Cegr/Braealea 12/6 14.95 Mtg-Cegr/RchCucsnga 12/17 6231 Mtg-Cegr/Staff 12/21 54.04 IOTA[ DOF VFNDOR--------219.56 Dec Graffiti Removal 6,698.00 TOTAL DUE VENDOR -- —_� 6,690.$$ DPC Recreation Svcs 21,242.08 TOTAL DUE VENDOR 21,242.00 Recreation Refund 35.08 TOTAL. DUE VENDOR35.00 ProfSvcs-HerParkCamCenter 14,650,08 TOTAL DUE VENDOR ------1 14,650.00 �** City of Diamond Bar *** RUN TIME: 11:26 41/14/93 V 0 U C H E R R E G I S T E R DUE THRU.............61/19193 VENDOR NAME. VENDOR ID. ACCOUNT PRDJ.TX-NO BATCH PO.LINE/NO. ENTRY/D1IE INVOICE DESCRIPTION Computer Applied Systems CAS PA6F 2 t t PREPAID * + AMOUNT DALE CHECK -------------------------- *481-4854-4834 2 34119A 81/13 41119 9361DB Feb Computer Maint 648.44 TOTAL DUE VENDOR -------> 800.80 Diamond Bar Petty Cash PattyCash 001-3476 7 381.190 41/13 41/19 Recreation Refunds 63.64 *481-4414-2325 3 381190 41113 61/19 Mt9e-CCouncil 44.44 *441.-4834-2325 12 36119C 41/13 81/19 Mtgs-CMgr 21.97 *441-4444-2335 1 30119C 41/13 81/19 Mileage-CClerk 16.24 *441-4894-2325 4 341190 81/13 41/19 Mtgs-Gen Govt 61.94 *441-4218-2325 3 30111C 41/13 81/19 Mtgs-Plnq 24.59 *841-4358-1244 6 341190 81/13 81/19 Supplies -Recreation 112.28 TOTAL DUE VENDOR -------> 423.66 Direct List Technologies Dirlistiec *441-4x58-1244 6 30119C 41113 41/19 Mailing labels -Survey 255.84 81/19/93 8444817473 TOTAL PREPAID AMOUNT TOTAL DUE VENDOR --------> 4.44 Federal Express Corp. FaGExpress *481-4496-212.4 1 30119A 81/13 41/19 466312645 Express Mail-GenSovt 15.54 *115-4515-1248 1 36119A 41/13 41/19 466312685 Express Mail-SolidYaste 13.84 TOTAL. DUE VENDOR --------> 26.54 Fleet Call FleetCall *441-4494-2138 S 30119A 41113 41/19 Dec TWD Yap Radio Svc 156.55 TOTAL DUE VENDOR -------> 158.55 Foothill Building FtBldgMatr +661-4448-1248 6 34119A 81/13 41/19 1559,1564 Emer Prep Supplies 274.96 1441-4444-1248 2 39119A 41/1494 61/13 41119 1622 Supplies-Emerprep 163.69 TOTAL DUE VENDOR -------> 436.65 Frcmex Fromex *481-4414-2114 2 38119A 61/13 41/19 5699944 FilmProcessing-CCouncil 7.24 *841-4214-2118 1 34119A 81/13 41119 5699944 fileProcessing-Plug 7.24 10TAL DUE VENDOR --------> 14.46 GTE California GTE *481-4313-2125 3 30119A 41/13 61/19 PhoneSvcs-Heritage Prk 59.31 TOTAL DUE VENDOR -------> 59.31 RUN TIME: 11:2601/14193 *}# V CitOIJy of Diaeand Bar CHEfl RE6I5TER DUE THRU.............@1/19/93 PABA 3 VENDOR NAME VENDOR ID. ACCOUNT PR0J.TK-N9 BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION --------------- } * PREPAID * * ------------ '-- AMOUNT DATE -------------------- ------ ----------------------------------- CHECK Gardner Communications 6ardnerCoa +881-4895-2340 1 38119A 81/13 81/19 1863 Profsvcs-CotNvsltr Y/S 93 TOTAL DUE VENDOR--------� Hoye Depot HoweOepot *801-4316-1280 *001-4318-1288 17 30119C 81/1484 81113 81/19 118974 Park 18 38119C 8211464 81/13 81119 210564 Supplies Park Supplies Impressive Screenvorks TOTAL DUE VENDOR --------> {®81-4358-1288 IvprPssive 5 381198 81/1418 81/13 01/19 2885 Recreation Supplies Jack Thompson TOTAL DUE VENDOR--------� *001-4556-5500 JThompson 4 38119C 84/1485 81/13 81/19 4S463 Prof Svcs-EnviroEnhanunt .john Alden 6. T. TOTAL DUE VENDOR --------> *881-4010-8898 .7ohnAlden 1 381198 41/13 01/19 Jan Cafeteria -Miller TOTAL DUE VENDOR-------� Kaiser Permanente KaiserPerm *801-4018-8098 2 381198 01/13 01/19 Feb Cafeteria -MacBride TOW DUE VENDOR --------> Kens Hardware Kens *001-4316-1200 *881-4318-1208 15 301198 51/1413 13 301199 01/13 01/19 56367 Misc Supplies -Parks *001-4318-128816 49/1413 301190 /1413 S 01/13 81/19 56368 01113 Misc Supplies for Parks *081-4310-1281 14 381198 50S11413 01/19 56545 61/13 Misc Supplies -Parks *081-4316-1200 !2 381198 46/1413 81/19 56551 81/13 01/19 Misc Supplies -Parks *001-4318-1200 *601-4316-1208 11 30119E 47/1413 56568 81/13 01/19 58562 Misc Supplies for Parks x881-4318-1788 10 381198 /1413 4 9 381148 81/13 01/19 56593 Misc Supplies for Parks Misc Supplies for *061-4318-12808 455/1413 381190 4411413 01/13 01/19 59351 Parks Misc Supplies for Parks f@'81-4310-1288 b 301198 42/1413 01/13 81/19 59359 81119 Misc Supplies for Parks *801-4310-120001/13 *881-4310-1200 5 381198 41/1413 59489 81/13 81/19 59410 Misc Supplies for Parks *801-4310-1280 301198 48/1413 1 38119 4 8 43/1413 81113 81/19 59459 Misc Supplies for Parks Misc Supplies for Parks 01113 01/19 59619 Misc Supplies for Parks T O TAI. DUE VENDOR -------> 215.49 84.63 308.12 288.23 288.23 568.46 S68.46 43.88 43.88 8.65 8.93 7.21 7.76 15.51 3.44 2.14 8.97 11.68 7.81 3.69 7.11 4.29 86.99 RUNTIME: 11:2681/14/93 *ff C i t y Of Di aaond Bar fff VOUCHER RESISTER DUE THRJ.............01/19/93 PAGE 4 VENDOR NAME. VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE D"CRIPTIUN f # PRFPATD AMOUNT DATE f CHECK__------------------------------------------ t ---------------------------- I.A.County Public Yorks LACPubVk f@01-4555-558? 3 311198 f801 -4S55-55@4@1'13 1 3811`78 01/19 93008007347 Road Maint feel -4555-5585 13@1198 81/13 01/19 93000107349 Sidewalk Inspection 3+918,57 *8A1-4555-5586 1 311198 01/13 01/19 938@01@7346 Curb/Butter Repair 6,320.81 t001-4555-5586 2 301198 @1/13 01/19 93018001340 Signing/Striping 4 4,162.66 f001-4555-5506 3 381198 @1/13 01/19 938@0007345 Striping/LaurelRis 966.66 1881-4555-5506 4 30119B 01/13 81119 938@0107341 Striping/FtnSprings 129.91 *e01--4555-5516 5 381198 81/13 01/19 93110007344 Signing/Grand X6.04 f@@1-4555-5586 6 30119B 81/13 01/19 93018107343 Signing/BparsDen 115.36 *801-4331-5300 3 301198 @1/13 01/19 93801017342 Signing/u-turn-IronBark 14.42 t8@1-4555-5502 1 301198 01113 81/19 93001017357 Maint-Sycamore Cyn Prk 16.57 *811-4555-5502 2 30119B 01/13 01/19 93018081355 Road Inspections 76.71 t@11-4555-5588 1 801198 81/13 01/19 93000117352 Debris Removal 1,422.54 *111-4555-5518 1 301199 81/13 81/19 @1/13 93088117354 Vegetation Control 1,515.04 15,®46,61 t@81-4555-5512 1301198 01119 93108017353 Tree Watering #001-4555-5516 1 301198 01/13 61/19 93680807351 Catch Basin Maint. 97.1." t@01-4555-5538 1 301198 81/13 81/19 93818087358 Storm Damage 2,326.71 81/13 @1/19 93001101356 IV Services 621.63 823.70 L. A. County Public Works TOTAL DUE VENDOR -------} ?,8,750.36 f801-4555-5581 LACPobYk 1 381198 01/13 01/19 M9300002123 Maint-Traffic 5ignais-Nov 4,828.53 L.A.County Public Warks TOTAL DUE VENDOR -------- 4,028.53 t881-236@-1812 IACPubYk 3 301198 01/13 11/13 93080017346 VVY Radia-Engr Svcs 611.1@ LA Cellular telephone TOTAL DUE VENDOR -------} 800.71 *601-4038-2125 LACellular 2 38119B 1001-4440-21251 381198 11/13 01/19 11/13 11/19 Dec Cellular Svcs-CMgr 49.43 49.34 Dec Cellular Svcs-Eeprep TDTAI DUF VENDOR -------} 81.11 Landscape West LandscapeY 1141.-4541-5510 4 321198 01/1419 11/13 11/13 819843 Dec Landscape Maint 3,211,60 Los Angeles County TOTAL DUE VENDOR --------} 3211.64 , f510-4818-1228 LM:Sanit 1 38119C 01113 91/19 LpgalSzttlentAlloc 8,573.10 01/19/93 0018011469 TOTAL PREPAID AMOUNT ---} 8,573.81 TOTAL DUE VENDOR --------} 6.04 +++ City of Dimond Bar *** PR6F 5 RUN TIME: 11:2641114/92 VOUCHER REfiI5TER DUE THRU.............01/19193 + + PREPAID + + VENDOR NAME VENDOR ID. AMOUNT DATE CHECK ACCOUNT PROJ.Tx-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION --------------------------------------------------- --------------- ------------------------------------------- Main Street Tours MainStreet 81/13 81!19 21435-a Excursion-ParadeoElights 944.@@ +481-4358-5388 2 38[19D 81113 01/19 21436-8 Trans -Parade of lights 488.80 *112-4368-5318 6 381198 TOTAL DUE VENDOR --------> 1,344.60 Mariposa Horticultural Mariposa Bi/13 01119 4229 Dec Maint-Paul 67oM Park 1,838.62 +@01-4311-5388 3 381198 81/13 81119 4229 Dec Maint-Heritage Prk 666.86 *881-4313-5388 6 30119E 81/13 61119 4229 Dec Maint-Maple Hill Prk 658.84 +@81-4316 5388 3 381198 81/13 81119 42'19 Dec Maint-Petersen Prk 1,788.76 *881-4319-5348 2 381149 81113 81119 4229 Dec Maint-Reagan Prk 1,038.82 *881-4322-5388 3 301198 81/13 61/19 4229 Dec Maint-Starshine Prk 429.94 5-5388 *061-432S-5340 3 301199 @1/13 61/19 4229 Dec Maint-SuesitRidge Prk 1,545.11 3 301198 81113 01/19 4229 Dec Maint-5ycamore Cyn 1,583.03 *881-4331-5380 4 381198 81113 81119 4231 Park Supplies 89.69 +@81-4318-2218 2 381198 01!13 01!19 4231 Sprinkler Repair-RReagan 25.80 *881-4322-2218 2 301199 61/13 81/19 4232 Maint-Maple Hill Prk 112.3 *881-4316-221.6 2 381198 41/19 4233 Maint-5ummitRidge 1'19.96 *481-4328-2218 1 38119941/13 IOTA[ DUF VENDOR ------> 8,842.28 Markman Arczynski Hanson MarksanArc Dec Legal Svcs S,472.06 *881-4424-4828 1 341198 41113 41/19 81113 81/19 litigation -Various 234.50 *801-4024-4021 2 381199 61/13 81/19 Litigtn-DHvs.Burgess ?,235.84 +181-4028-48?1 3 301198 TOTAL DUE VENDOR --------> 7,945.50 Microage Microage b 30119E 81113 81/19 888835 Computer supplies 18.11 +@81-4490-1148 TOTAL DUE VENDOR -------> 18.77 Mobil +®®1_431®-2314 Mobil 1 341198 81113 81119 k8667224 Fuel-P&M 37.88 21.60 +84l-4318-2318 A 3/1199 81!13 81/19 k8681762 Fuel-PtM 22.44 +@01-4?14-2318 1 381148 81113 81119 k1587958 Fuel -Flog 18.16 +881-4318-2318 b 341199 01/13 81!19 0164836 Fuel-PtM 15.44 +881-4838-2314 3 38119E 41/13 81/19 k31653a5 Fuel-Cmgr 14.65 +881-4848-2318 1 301198 61/13 81119 k3173494 Fuel-6en6ovt TOTAL DUE VENDOR -------> 135.21 Morales, Margarita 522 81113 41119 5951 Recreation Refund 44.66 +481-3474 3 301198 TOTAL DUE VENDOR ------> 48.81 tt* Citof Diamr *** RUN TIME: 11:2611/14193 VOy U C H E R R E 6 oIn5d TEBR a DUE THRU.............01/19/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ,T%-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION ----------------- Myers, Elizabeth MyersE *111-4848-4888 2 38119E *081-4848-4888 3 381198 t811-4318-4888 1 38119E National Youth Sports NY5CA 081-4358-5388 3 30119C Pacesetter Municipal Svcs Pacesetter 011-4898-2148 4 381191 Payroll Transfer PayrollTr *881-1828 2 381190. Pomona Valley Humane Soc. ?VHS *881-4431-5483 1 381190. Pomona, City of *881-4556-5588 Postage By Phone 081-4890-2128 PosonaCity 3 30119A 81/1488 PostByPhon 2 38119C Programmed For Success ProgforSuc *881-4358-1208 7 38119C tell -4350-5308 4 31119C San Gabriel Valley SSVMAA *111-4358-5388 5 3010C PASS h t t PREPAID t E AMOUNT DATE CHFIK 81/13 81/19 93db23 Minutes-CCouncil 12/15 388.88 81/13 81/19 93db13 Minutes-CCouncil 1/5/93 188.80 81/13 81/19 93db23 Minutes-PrkdRec 12/17 328.88 TOW DUE VENDOR --------> P.80.00 81/13 81119 NYS CA Coaches Certificatn 195.88 TOTAL DUE VENDOR -------) 195.80 81/13 81/19 112 Rent of Ste 198 -Jan 3,551.68 TOTAL DUE VENDOR -------> 3,551.64 81/13 81/19 Payroll Transfer PP 27 36,158.88 81/19193 8888888821 TOTAL PREPAID AMOUNT ----> 36,758.88 TOTAL DUE VENDOR -------> 8,88 11/13 81/19 938042580088 Jan Animal Control Svcs 4,137.88 TOTAL DUE VENDOR --------) 4,137.00 61/13 11/19 6131 YaterMeterInstallatn 5,511.18 TOIAL DUE VENDOR -------> 5,508.01 11/13 11/19 Postage Replenishment 1,188.80 11/19/93 0880011812 TOTAL PREPAID AMOUNT ----) 1,041.18 TOTAL DUE VENDOR --------) 8.88 01/13 81/19 5358 Recreation Supplies 141.73 81/13 01/19 5512 Softvare-Recreation 448.10 TOTAt DUE VENDOR --------) 620.73 81/13 81/19 EntriesForCrossCntryMeet 10.61 TOTAL DUE VENDOR --------> 18.11 +++ City of Diamond Bar +++ RUN TIME: 11:26 81/14/93 V O U C H E R R E 6 I S T E A DUE THRII.............01119/93 VENDOR NAME VENDOR ID. ACCOUNT PROMI-NO BATCH PO.LINEMO. ENT RflDIIE INVOICE DESCRIPTION ---+ PAtiE 7 + PREPAID + + AMDUNi DATE CHECK -------------------------- San Gabriel Valley SSVPubCo 81/13 41/19 subscription Renewal 76.00 1101-4!9!-2378 2 381190 TOTAL DUE VENDOR --------> 16.01 Sedita, Robert SeditaA 81113 !1119 Reimb Sang Task Mtg 12/17 5.0 +401-4418-2325 2 341190 TOTAL DUE VENDOR --------> 5.81 Siecke, Yarm C. SieckeY518.48 81!13 @1/19 2871-12 Prof Svcs -EN 93-02 +101-230-1812 4 381190 TOTAL DUE VENDOR -----`--> 514.41 Sir Speedy Sir Speedy 81/13 81119 961'7 Stationary Supplies y pp 131.44 +401-4410-2116 3 301190 TOTAL DUE VENDOR -------) 130.44 Southern Ca Sas Co socaGas27.73 81/13 8f119 bas Services Heritage Prk +001-4313-2126 1 34119C TOTAL DUE VENDOR ------> 27.73 southern Ca. Edison SoCaEdison38.19 81113 81119 Electric Svcs -Dist 141 +141-4541-2126 2 301190 TOTAL DUE VENDOR -------> 38.19 Southern Ca. Edison SoCaEdison 01/13 01119 Traffic Control Svcs 1 7!7.12 + +@01-45SS-2126 2 301190 TOtAL DUE VENDOR --------> 1,167.12 southern Ca. Edison S"dison 11/13 /1/19 Electric Svcs -Dist 38 3`.{4.16 +136-4538-2126 2 301190 TOTAL DUE VENDOR -----> 334.16 Southern Ca. Edison SoCaEdison 41/13 61/19 Electric Svcs -Heritage 251.48 +001-4313-21?6 2 34119C 41/13 41!19 Electric Svcs -Reagan ,12.36 101-4322-2126 1 341190 IOTAI DUE VENDOR -------> 843.76 fff Citff RUNTIME: 11:26 A1/14/93 VOy UCoHf DiER RaEs6aIn5d TEBR a 1 DUE THRU.............81/19/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.I.INE/NO. ENTRY/DUE INVOIi;F DESCRIPTION ------------------------------------------------------------------ PAGE A 1 1 PREPAID f f AMOUNT DATE CHECK ----------------------- Standard Insurance of Ore Standardla 1881-2118-1985 ? 381141. 81/13 81/19 Jan Life Ins Press 336.48 TOTAL DUE VENDOR 336.48 State Cospensation Ins Fd StateCuso 1981-2118-1811 1891-2118-1811 1 30119C 81/13 91119 YCosp Pres Oct -Dec 92 2,577.62 1881-48991863 2 30119C 1 38119C 81/13 81119 YCosp Pres Oct -Dec 92 3,921.25 81/13 81/19 YCosp Pres Oct -Dec 92 86.34 TOTAL DUE VENDOR ------) 5,647.21 Univeristy of LaVerne UnivLaVern 1891-4#18-2325 4 381190 91114 81/19 EconSesinar-MacBride 25.88 TOTAL DUE VENDOR --------) 25.88 Unocal Unocal 1881-4838-2318 5 381190 81/13 81/19 224672 Fuel-CMgr 18.88 1881-4838-2311 4 20119C 81/13 81/19 486594 Fuel-CMgr 16.53 TOTAL DUE VENDOR -------) 34.53 Walnut Vly Yater Dist WVWaterOis 1138-4538-2126 3 391190 81/13 81/19 Yater Svcs -Dist 38 1,586.88 TOTAL DUE VENDOR 1,586.68 Walnut Vly Yater Dist WVWaterDis 1141-4541-2126 3 38119C 81113 81/19 Yater Svcs -Dist 41 5,846.25 TOTAL DUE VENDOR ------) 5,846.25 Walnut Vly Water Dist YVYaterDis 1881-4322-2126 2 30119C 81/13 81/19 Water Svcs-RReagan Park 378.35 1981-4325-2126 1 38119C 81/13 81/19 Water Svcs-Starshine Prk 321.45 TOTAL DUE VENDOR ------) 699.88 West Publishing Co. WestPub 1881-4898-2328 3 30119C 81/13 81/19 65114466 CA Code Publications 335.89 TOTAL DUE VENDOR ------) 3,35,89 Wolff/Lang/Christopher Woliflang f258-4318-6415 64693 7 31119C 8111294 81/13 81119 7515 Design Svcs -Heritage 5,915.88 TOTAL DUE VENDOR -------) 5,975.88 }+t City of Diamond Bar+} RUN TIME: 11:26 91/14/93 V 0 U C H E R R E 6 1 S T E R DUE THRO.............01/19/93 VENDOR NAME VENDOR ID. ACCOUNT PROMI-NO PATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION --------------------------------------------------------------------------------------- Vong, Edmond 529 091-3414 4 39119C 91113 91/19 5971 Recreation Refund TOTAL DI/E VENDOR --------> PA6E 9 f f PREPAID t i AMOUNT DAIE CHECK 75.99 75.09 IOTAI PREPAID -----------) 461353.99 TOTAL DIJF--------------) 161,649.4E TOTAL REPORT -----------) 715,943.4E PAGE 1 FUTURE TRANSACTIONS REVENUE FXPENSF 233.88 138,958.49 28,425.88 13.82 9,896.84 8,513.88 488.88 1,848.98 ------- ----------- 233.88 171,786.51. ttt City of Di aa and Bar ttt RON TIME: 11:26 41/14/93 V O U C H E R R E 6 I S T F R FUND SUMMARY REPORT DUE THRU.............01/19/93 DISBURSE 6/L 6JE WILL POST SJE HAS POSTED FUND -------------------------------------------------------------------------------------------------- TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE -881 General Fund 115,195.46 44,883.91 2.58 C.I.P. Fund 28,825.88 —115 Int Vaste Moat F 13.88 141 LLAD 141 Fund 97896.84 518 Self Insurance F 8,513.88 -112 Prop A—Transit F 488.88 -08 LLAD 138 Fund 1,848.98 TOTAL------------ ----------- ------------ ----------- ---------- ALL FUNDS 715,943.48 44,883.91 PAGE 1 FUTURE TRANSACTIONS REVENUE FXPENSF 233.88 138,958.49 28,425.88 13.82 9,896.84 8,513.88 488.88 1,848.98 ------- ----------- 233.88 171,786.51. CARL WARREN & CO. Zffw Insurance Adjusters Clams Administrators P.O. Box 25180 Santa Ana, CA 92799-5180 (714) 740-7999 FAX: (714) 740-7992 TO: City of Diamond Bar Attention: Tommye Nice Re: Claim: Claimant: D/Event: Recd Y/Office: Our File: � 1\ L Date: Amado Saucedo 11-12-92 11-13-92 S 71904 AB Dec. 29, 1992 We have reviewed the above captioned claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. CLAIM INSUFFICIENCY: In accordance with the telephone conversation o A, 19 , a notice of insufficiency must be mailed to the claimant no later than 19•THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS Of—RECEIPT OF THE ORIGINAL CLvrrnment CodeOFFICE. Sections09110Tand oSUBMIT 9101.R2EandTo�N910.4.LETTER. See Goe AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, refecting this additional/amended claim. LATE CLAIM RESPONSE: Return the original claim material to the claimant, a wising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED TO THE CEIPT IM IN YOUR OFFICE.LAIMANT DO NOT SENDIA4REJJECTION"5 DAYS OF RLETTER.OSeeTHE Government Code Section 911.4. APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim". See Government Code Section 911.8. [] TAKE NO ACTION: Defer any written response to the claimant pends.ng our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions, please contact the undersigned. Very truly yours, cc: SCJPIA CARL WARREN & COMPANY 4A 0 (Adjuster) CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than 6 )+o!$. after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code See. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. T. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) To: The City of Diamond Bar Name of Claimant h/�21/1�0 5/�UGE Home Address of Claimant City and State �s �' x U W •..vim ,c- W 9i Business Address of Claimant City and State Give address to which you desire notices or communications to be sent regarding this claim: How did DAMAGE or INJURY occur? Give full particulars. CLAIM No - Age of Claimant (if natural person) Home Telephone Number Business Telephone Number ,9 751 W � (7e/dam - � �ii✓s f �� oaf S�al�/ .tely .�l.:as i� id When did DAMAGE or INJURY occur. Give full particulars, date, time of day: T An/a� c7�li',C c`divf ,ti• rft/ipP =,�e fisr v o r� 7fi�..s�.i��1 miloff/ 4-�AeAeie Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, giv, street names and addresses and measurements from landmarks: Chat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury o damage, if known: f What DAV--'.GE cr INJURIES do you claim resulted? Givi full extent of injuries or damages claimed: �1l �. r"r i3 Asp 'W yE z"' ' .gd.:c What AMOUNT do you claim on account of each item oT injury or damage as of date of presentation of this claim, giving basis o computation: r7`%= C� ��i2..e �-- -3 s-, �� ..v /��_��i�� �ycaJ /f,:�s• Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis o computation: 'V"gr4e' J^.FAiC .Cr.�9iM�C. ��(S i9nt'� fE'/1�is> /AE/p�liiC A.•�� ���/ �s,Fi/7� SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SID] zau... acaa:c (Jay111ei1l5 atticlveu, a any, ar imes ox insurance company: _ /t//W Expenditures made on account of accident or injury. (Date— Item) (Aniot A/ /141 Name and address of Witnesses, Doctors and Hospitals: READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of your or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or y vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS FOR OTHER ACCIDENTS SIDEWALK C Uig Z//L 0�� a Taal VA�F_&_ Sgr/i s� Gv�� N SIft /ae. a CURB PARKWAY n SIDEWALK—Rei so vlf"" :G Signature of Claimant or person filing on his behalf giving Typed Name: Date relationship to Claimant: ILTST BE LED WITH CITY CLERK (GOV. CODE SEC. 915a). CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. `,'5__ TO: Terrence L. Belanger, City Manager PORT DATE: January 11, 1993 MEETING DATE: January 19, 1993 FROM: Joann M. Gitmed, Senior Accountant TITLE: Proposition A Local Return Fund and Transportation Development Act Audits for the fiscal years ended June 30, 1992 and 1991. SUMMARY and Transportation Development Act The City of Diamond Bar's Proposition A Local Return (Prop A ) Funds (TDA) are required to be audited on an annual basis. The audit for fiscal year ended June 30, 1992 was completed in October 1992 by Simpson & Simpson, C.P.A. The final version of the audits were received in the City offices in January 1993 and are being presented to Council for their review. uFrrn►,rwrFNDATION_Development Act Fund Receive, accept and file proposition A Local Return Fund and Transportation Audit Reports for fiscal year ending June 30, 1992 and 1991. LIST OF ATTACHMENTS:_ Staff Report _ Resolution(s) _ Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specification (on file in City Clerk's Office) XX Other A Recnective Audits 1. Has the resolution, ordinance or agreement been reviewed Yes — XX. No 2. by the City Attorney? ? Does the report require a majority or vote. Majority Yes XX No 3. 4. ed Has environmental impact been assessed? Has the report been reviewed by a Commission? —Yes XXX No 5. Which Commission? Are other departments affected by the report? — YeS XX No Report discussed with the following affected departments: V errence, L. Belanger Linda G. Magnus City Manager Accounting Manager CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE PROPOSITION A LOCAL RETURN FUND FOR THE FISCAL YEARS ENDED JUNE 30, 1992 AND 1991 � tr.�sOn�� ir�son CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT PROPOSITION A LOCAL RETURN FUND For The Fiscal Years Ended June 30, 1992 and 1991 TABLE OF CONTENTS Page FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet 5 Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual 6 Notes to Financial Statements 7 COMPLIANCE SECTION Independent Auditor's Report - Project Compliance 9 SUPPLEMENTAL INFORMATION Exhibit 1 - Schedule of Expenditures- Actual and LACTC - Approved Project Budget 11 Exhibit 1A - Schedule of Fixed Assets 12 Exhibit 2 - Exit Conference 13 FINANCIAL SECTION - .�Z7 son �� CERTIRED PUBLIC ACCOUNTANTS S 150)Z SENIOR PARTNERS Brainard C. Simpson, CPA Carl P. Simpson, CPA INDEPENDENT AUDITOR'S REPORT Frederick A. Simpson, CPA November 2, 1992 To The Board of Directors Los Angeles County Transportation Commission Los Angeles, California 5750 WILSHIRE BOULEVARD, SUITE 286 LOS ANGELES, CALIFORNIA 90036 TELEPHONE (213) 9383324 FAX (213) 930-0665 We have audited the balance sheets of the Proposition A Local Return Fund of the City of Diamond Bar (City) as of June 30, 1992 and 1991, and the accompanying statements of revenue, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Proposition A Local Return Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Proposition A Local Return Fund of the City as of June 30, 1992 and 1991, and the results of its operations and changes in the fund balance for the years then ended, in conformity with the Los Angeles County Transportation Commission (LACTIC), Proposition A Local Return Program Guidelines. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and LACTIC and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon cceptance by the City Council and LACTIC, is a matter of public record. 4 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND BALANCE SHEET June 30 Cash ASSETS 1992 1991 LACTC Receivable $ 500,548 $ 391,686 Interest Receivable 43,341 54,515 148 1 Total Assets 769 $ 5-- �? $ — 458.970 LIABILITIES AND FUND BALANCE ---_! Liabilities Vouchers Payable Accrued Payroll $ 13,228 $ -0- 0_---16 Total Liabilities ---1 6 590 Fund Balance --13,244 --_ Restricted Total Fund Balance 53—� 458`,3gp. Total Liabilities and Fund 53� 458,38p Balance $ 55-037 $ _ 458,970 The notes are an integral part of the financial statements. E CITY OF DIAMOND BAR 709,199 _ PROPOSITION A LOCAL RETURN FUND 235,070 STATEMENT OF R NUE,-BUDGET AND ACTXPENDITURES UAL CHANGES IN FUND BALANCE Year Ended June 30, 1992 47_ 9 For the Fiscal Totals for the Fiscal Year Ended June 30, 1991) 65_ 1 231 (With Comparative , --_ Variance Favorable (Un- 1991 Buffet Actual favorable Actual Revenue 495,828 $ 509,675 $ 13,847 Proposition A (Note 4) $ 3,451 3,451 $ 709,266 -0- Proposition A Incentive -0- 2 6 , 416 7 000 33,416 - 4 52 interest Income (Note 5) — 75 6 718 5_ 0_2,828 546.542__43,714 Fund Balance at Total Revenue 45— Expenditures474,129 Various Projects (Exhibit 1) 709,199 - 235,070 651231 709199 47_ 9 23-- 5=070 65_ 1 231 Total Expenditures , --_ Excess (Deficit) of Revenue 206 371 72,413 - 27 10-- 5'487 Over Expenditures Fund Balance at 4_ 5$,38U 45— _0_ 35_ Beginning of Year S 530,7� $ 27784 $ 458.380 Fund Balance at End of Year 5 252.009 The notes are an integral part of the financial statements. 6 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS E1 - Fund Accounting The operations of the fund are accounted for in separate sets of self -balancing accounts that comprise its assets, liabilities, fund balance, revenue and expenditures. The fund accounts for the City's share of the 1/2% Proposition A Local Return allocations which are legally restricted for specific purposes. Basis o f Accoun tin The Proposition A Local Return Fund (PALRF) is accounted for in the Proposition A Fund, a Special Revenue Fund using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and availabl to finance expenditures of the current period and expenditures are general) recognized when the related fund liabilities are incurred. y Budgets and Bud etay Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of operations and compliance with the Proposition A Local Return Program Guidelines published by the Los Angeles County Transportation Commission for the Proposition A Local Return Fund only. NOTE 3 - PROPOSITION A LOCAL RETURN COMPLIANCE RE UIREMENT In accordance with Pro osition A Local Return Pro ram Guidelines fun ds received Pursuant to these co a sections may on y e use or roposition A Local Return Programs. NOTE 4 - PROPOSITION A REVENUE Proposition A revenue is the following: Proposition A Local Return Fund1992 1991 $ 509,675 $ 709,266 NOTE 5 -REVENUE -INTEREST The PALRF cash balance was pooled with various other City funds for deposit and investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned funds based on the relationship of their average nthly balance tothe �to alp of their pooled cash and investments. 7 COMPLIANCE SECTION SmysonFS Z 5 I� CERTIFIED PUBLIC ACCOUNTANTS SENIOR PARTNERS Brainard C Simpson, CPA Cad P. Simpson, CPA Frederick A. Simpson. CPA INDEPENDENT AUDITOR'S REPORT November 2, 1992 To The Board of Directors Los Angeles County Transportation Commission Los Angeles, California 5750 WILSHIRE BOULEVARD, SUITE 286 LOS ANGELES. CALIFORNIA 90036 TELEPHONE (213) 938-3324 FAX (213) 930-0665 We have audited the balance sheets and statements of revenue, expenditures, and changes in fund balance of Proposition A Local Return Funds of the City of Diamond Bar (City) for the years ended June 30, 1992 and 1991, and have issued our report thereon dated November 2, 1992. Our audits were made in accordance with generally accepted auditing standards; the rules and regulations of the Los Angeles County Transportation Commission (LACTC); the Proposition A Local Return Guidelines (revised June 1988); and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary under the circumstances. The management of the City is responsible for the City's compliance with the laws and regulations of LACTIC and the Proposition A Local Return Guidelines. The following projects were reviewed and tested: Program Promotion Recreation Trans. (WVJPIA) E & D Transit Transit Planning (Seminar) Administration (Transit Planning) Transit Planning (Coalition) Transit Planning (57/60) Recreation Transit (Brea) Recreation Transit (Hol Shuttle) Transit Planner Transit Planning (Circulator) Fund Exchange Based on our audits, we found that, for the items tested, the City complied with the laws and regulations governing the projects listed above. Further, based on our audits, for the items not tested, nothing came to our attention to indicate that the City had not complied with the laws and regulations governing the projects. This report is intended solely for the use of the City and LACTIC and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City Council and LACTIC, is a matter of public record. K,V b lVAW?vt-� SUPPLEMENTAL INFORMATION 10 EXHIBIT 1 CITY Of DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND LACTC APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 1992 (With Comparative Actual Amounts for Fiscal Year Ended June 30, 1991) 1992 Variance Project LACTC (Over) 1991 Code Project Name Budget Actual Under Actual 01-125 Project Promotion $ 4,000 $ 2,000 $ 2,000 (1) $ -0- 03-103 E & D Transit 45,000 23,470 21,530 (2) -0- 01-180 Admin. (Transit Planning) 3,740 270 3,470 (3) 7,087 03-121 Transit Planning (57/60) 18,700 -0- 18,700 (4) -0- 02-105 Rec. Transit (WVJPA) 50,000 3,017 46,983 (s) 30,328 03-121 Transit Plang. (Seminar) 375 375 -0- -0- 01-121 Rec. Transit (Hol Shuttle) 24,500 17,020 7,480 (6) 13,816 02-121 Transit Plang. (Coalition) 2,684 2,684 -0- -0- 01-105 Recreation Transit (Brea) 50,000 3,523 46,477 (7) -0- 02-121 Transportation Planning 65,000 -0- 65,000 (8) -0- 01-190 Fund Exchange (S.C.) 400,000 400,000 -0- 600,000 01-121 Transit Plang. (Circulator) 45,200 21,770. 23,430 (9) -0- Total Expenditures $ 709,199 $ 474,129 $ 235,070 $ 651,231 (1) Never charged Proposition A for portion of two newsletters. (2) Not all bills for 1991/92 were received in time for posting to 1991/92 fiscal year. (3) Budget was a carryover from 1990/91. Most of the cost was expended in FY 1990/91. (4} The project was inactive during the fiscal year 1991/92. (5) Project ended. (6) Costs came in under budgeted amount. (7) There was an overlap of expenditures between WVJPIA and Brea. (8) Position has temporarily been placed on hold. (9) Project is still underway. Expenses on this project are still to be incurred. 11 EXHIBIT I. CITY Of DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 1992 and June 30, 1991 Date Balance Balance Acquired Description @ 7/1/91 Additions Deletions @ 6/30/92 None $ -0- $ -0- $ -0- $ -0- Total $ -0- $ -0- $ -0- $ -0- 12 EXHIBIT 2 CITY Of DIAMOND BAR PROPOSITION A LOCAL RETURN FUND EXIT CONFERENCE June 30, 1992 An exit conference was held on November 13, 1992 at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Hasmik Yacoubian, Auditor City's Representative: Joan M. Gitmed, Senior Accountant Matters Discussed: Results of the audit. 13 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE TRANSPORTATION DEVELOPMENTACT FUND FOR THE FISCAL YEARS ENDED JUNE 30, 1992 AND 1991 myson 0S5vsofl CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT TRANSPORTATION DEVELOPMENT ACT FUND For The Fiscal Years Ended June 30, 1992 and 1991 TABLE OF CONTENTS Paqe FINANCIAL SECTION Independent Auditor's Report 4 - Balance Sheet - Section 99234 5 Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual - Section 99234 6 Notes to Financial Statements 7 SUPPLEMENTAL INFORMATION _ Schedule of Transportation Development Act Allocation for Specific Projects 10 Schedule of Completed Projects 11 COMPLIANCE SECTION - Independent Auditor's Report on Transportation Development Act Compliance 13 Exit Conference 14 E FINANCIAL SECTION SaTsons,LOS NGELS, BOULEVARD, SUITE 288 LOS ANGELES, CALIFORNIA 90036 5IMPSon TELEPHONE (213) 938-3324 V FAX (213)930-0665 CERTIREO PUBLIC ACCOUNTANTS SENIOR PARTNERS Brainard C. Simpson, CPA Cad P. Simpson, CPA INDEPENDENT AUDITOR'S REPORT Frederick A. Simpson. CPA November 2,1992 To The Board of Directors Los Angeles County Transportation Commission Los Angeles, California _ We have audited the balance sheets of the Transportation Development Act Fund of the City of Diamond Bar (City) as of June 30, 1992 and 1991, and the related statements of revenue, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Transportation Development Act Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the financial statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Transportation Development Act Fund of the City as of June 30, 1992 and 1991, and the results of its operations and changes in the fund balance for the years then ended in conformity with generally accepted accounting principles. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred - to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and the Los - Angeles County Transportation Commission (LACTC) and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City Council and LACTC, is a matter of public record. vjtv�,o.L � 4 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND BALANCE Pertaining to Section 9 234 of SHEET Public Utilities Co June 30 de Cash (Note 3) ASSETS Interest Receivable Accounts Receivable Total Assets LIABILITIES AND FUND BALANCE Liabilities - Liabilities Deferred Revenue Total Liabilities Fund Balance Restricted Total Fund Balance Total Liabilities and Fund Balance 1992 $ 20,270 -0- 1�507 $1_ __ 31,777 1991 $ 18,771 347 $---19,118 --- $ -0- $ X00 -0- -0- — 9--y0 0_ 3� —19,118 X77 X11$ $ 131 The notes are an integral part of the financial statements. 5 CITY Of DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1992 (With Comparative Totals for the Fiscal Year Ended June 30, 1991) 1992 Variance Favorable Un- Budget Actual favora le 1991 Actual Revenues Intergovernmental Allocations: Article 3 Local $ 35,264 $ 13,507 $ (21,757) $ Miscellaneous: 18,709 — Interest -0- 1,152 1,152 409 Total Revenues 35,264 14,659 (20,605) 19,118 Expenditures Construction 23,100 -0- 23,100 -0- Total Expenditures 23,100 -0- 23,100 -0- Excess (Deficit) of Revenues Over Expenditures 12,164 14,659 2,495 19,118 Fund Balance at Beginning of Year 19,118 19,118 _p_ -0- Fund Balance at End of Year $ 31,282 $ 33,777 $ 2,495 $ 19,118 The notes are an integral part of the financial statements. CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLI Fund Accountin Section 99234 Funds of the Transportation Development Act are commingled with other City monies in the Gas Tax Fund. The Gas Tax Fund accounts for the City's share of the Transportation Development Act allocations which are legally restricted for specific Purposes. p c Basis Of Accounting The Gas Tax Fund is accounted for by using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and availabl finance expenditures of the current period and expenditures are general) reco ni when the related fund liabilities are incurred. a t Y g zed Budclets and Budgetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with general) accepted accounting y p is Comparative Data 9 principles. Comparative total data for the prior year are presented in the accompanyin financial statements in order to provide an understanding of the changes in the fund financial Position and its operations. NOTE 2 -ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of operations and compliance with the Transportation Development Act forthte Transportation Development Act Fund only. NOTE 3 -CASH AND INVESTMENTS Cash is pooled to maximize investment op ortuns and resulting from this pooling is allocatedto there pectiveds. fundse including thInvstment e Transportation Development Act Fund, based upon their average monthly cash balan e NOTE 4 - TRANSPORTATION DEVELOPMENT ACT COMPLIANCE RE UIREMENTS ces. In accordance with Section 99234 Article 3 of the Public Utilities Code, funds received Pursuant to this code's section may only be used for facilities provided for the exclusive use by pedestrians and bicycles. TE S - DEFERRED RE The Los Angeles County Transportation Commission (LACTC) have established Article 3 regional allocations approved for regional programs. In the 1989-90 fiscal scall y for claimants must expend or encumber regional allocations received within three after the fiscal year of allocation for construction projects and one year after the fiscal year, year of allocation for maintenance projects. years N CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS (Continued) ncled In accordance with LACTC's unencumbered Article 3icle 3 funds to be for regional de and/or unencu dferrred allocations, arefuned to thall eLocal Transportation Fund - County of Los Angeles. Article 3 local allocations are not subject to the above policy. In accordance with the LACTC's policy, the unexpended Article 3 activities at year end are calculated as follows: June 30, 1992 June 30, 1991 Deferred Fund Deferred Fund Balance Revenues Balance Revenues Beginning Balance $ -0- $ 19,118 $ -0- $ -0- Add: Article 3 Allocations 98,000 13,507 -0- 18,709 409 Interest Income -0- 98,000 1,152 33,777 -0- -0- 19,118 Total Available Less: -0- -0- 0 -0- Construction -0- -0- Total Expenditures -0- $ 98,000 -0-118 $ 33,777 $ -0- $ 1 Ending Balance SUPPLEMENTAL INFORMATION CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF TRANSPORTATION TIONDEVELOPMENT Fiscal OPME NT ACT June L30, ALLOCATION FOR SPECIFIC PROJECTS Totals to Date Project ProgramUnexpended Allocations Expenditures Allocations Status Proiect Description Year Regional Allocations: 1991/92 $ 98,000 $ $ 98,000 Open Sidewalk - Bikeway Local Allocations: 1990/91 18,709 0_ 18,709 Open Sidewalk - Bikeway 1991/92 13,507 -0- 13,507 Open Sidewalk - Bikeway $ 130,216 $ -0- 130,216 Totals Unexpended Interest Accumulated to Date: _0 - Regional 1,561 Local $ 131,777 Unexpended Article 3 Balance, 6/30/92 Unexpended Article Balance Distributed: $ 98,000 Deferred Revenue (Note 5) 33,777 Fund Balance (Note 5) $ 131,777 Unexpended Article 3 Balance, 6/30/92 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF COMPLETED PROJECTS For the Fiscal Year Ended June 30, 1992 Project Description None Totals 11 Totals Allocations Expenditures $ -0- $ -0- $ -0- $ -0- COMPLIANCE SECTION 12 Sulyson CERTIFIED PUBLIC ACCOUNTANTS SENIOR Btaioa d C. Simpson, CPA Carl p Simpson, CPA Frederick A. Simpson, CPA November 2, 1992 5750 WILSHIRE BOULEVARD. SUITE 296 LOS ANGELES, CALIFORNIA 90096 ONE (3) 998'9324 FAX (219) 930-0665 pwn To the Honorable Members of The City Council of the City of Diamond Bar, California expenditures, and Trans ortation Development ActaFun have issued he our Of We have audited the balance sheets statements of revenue, e, of t changes in fund balance of the Diamond Bar (City) for the years ended June 30, 1992 and 19 ed November 2, 1992. our au further further were dmade toe in accordeterrnine reportgenerally cc pat standards and Act (TDA); including Section generally accepted auditing rtation Developmenteles County Transportation compliance with the Transportation 99234; the rules and regulations of the Los Angeles for included such tests o the LACTC); the 16 tasks contained ordinglyGuidelines on Auditing ser Commission (LACTC); by LACTC, and ac f Conformance". published and such other auditing procedures as we considered necessary accounting reco the items considered, were determo{aexpenditures liin in the circumstances. Among propriety of the City to receive funds e alloc ted t LACTC. p p accordance with TDA our evaluation of compliance factors disclosed that the funds for and expended in conformance al our opinion, o. under TDA were accounted allocated to the City regulations of LACTC. with TDA and the rules and reg not be ed solely for the use of the City ended to lim d shoulhe dist bution This report is intended p p is not used for any ur ose. This restriction e City Council and LACTC, is a matter o of this report which, upon acceptance by public record. - V 13 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND EXIT CONFERENCE June 30, 1992 An exit conference was held on November 13, 1992, at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Hasmik Yacoubian, Auditor City's Representative: Joan Gitmed, Senior Accountant Matters Discussed: Results of the audit. 14 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE PROPOSITION A LOCAL RETURN FUND FORTHE FISCAL DED UNE 30, 1992 AND 199ED 1 inyson ��,-,Tson CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT PROPOSITION E LOCAL dAR N FUND For The Fiscal Y une 30, 992 and 1991 TABLE OF CONTENTS E�-e FINANCIAL SECTION 4 Independent Auditor's Report 5 Balance Sheet Statement of Revenue, Expenditures and Changes in Fund Balance - 6 Budget and Actual 7 Notes to Financial Statements COMPLIANCE SECTION Independent Auditor's Report - Project Compliance 9 SUPPLEMENTAL INFORMATION Schedule of Expenditures- Actual and LACTC - 11 Exhibit 1 - Approved Project Budget 12 Exhibit 1A - Schedule of Fixed Assets 13 Exhibit 2 - Exit Conference C FINANCIAL SECTION 5750 WILSHIRE BOULEVARD, SUITE 266 LOS ANGELES, CALIFORNIA 90036 Sin,.. �� TELEPHONE (213) 363324 `� � J FAX (213) 665 CERTIFIED PUBLIC ACCOUNTANTS �� SENIOR Brainard C. Simpson, CPA INpEPENDENTAUDIT�R'S REPORT Carl P. Simpson, CPA Frederick A. Simpson, CPA November 2,1992 Transportation Commission To The Board of Directors of the Los Angeles County an ing Los Angeles, California Proposition A Local Returcomp Y 1991, and the ears then 1992 and Our rop have audited the basso f jun eets f 30ehangeS in fund balance We of Diamond Bar (City) and c o{ the City s City expe, onsibility our audits. Ire theP on statements he avenue, standards. ended. statemress an opinion on these statements ase genera accepted auditing responsibility is to exp An in accordance with g • 1 misstatement. d auditsd perform the audits to obtain reasonable We conducted our udit that We plan an free of materia the amounts an evidence support the Those standards require / on a test basis, assent, as well about whether the statements are ass assurance in g An audit also inclma agement jn our audit includes exam presentation We believe that disclosures +n the financial statements. accounting princip les used and significant estimates made y ble basis for our opinion. evaluating the overall financial statementresent only the as reasons the financial audits provide a financial stateme ant fairly with Note 2, the described in 's total funds in conformity As more fully Local Return Fund and are not intende to Proposition A erations of the City results rinciples• h resent fairly' position and the account ng p ning paragrap l Return Fund generally acceptedosition A Local R osition of the Prop erations and inion, the stater financial referred to in the the results of its op with the Los In our the1992 and 1991, an in conform Y in all material respects, june 30, ears then ended,Pro os►tio� A Local Return of the City fund balance for* e mission (LACTC), changes in the Transportation Com table of Angeles County in the foregoing Pro ram Guidelines. listed su plementaI information I analytical data. The presentation of the financal statements referred The accompanying p for a fair prase other auditing ra h, but ►s presented as additional and pinion, is fairly contents ►s not necesa ag p been subjected to the in our op to in the opening p supplemental information has ion to the financial statements taken as applied in the audits ei the statements an , procedures pP respects + stated in all material resp and LACTC and whole. lel for the information and use of the QitCity Council and solely e. This restriction is hot intended to limit ort, is intended other purpose* cceptanCe by t This repnot which, upon it sh distdr buton of this report, �." the is a matter of public record., / LAC TC, 4 CITY OF DIAMOND BAR PR OpOSIT1ON A LOCAL RETURN FUND BALANCE 30 SHEET ASSETS Cash LACTC Receivable Interest Receivable Total Assets LIABILITIES AND FUND BALANCE Liab_ iIities Pa able Vouchers Accrued Payroll Total Liabilities Fund Balance Restricted Total Fund Balance Total Liabilities and Fund Balance $ -0- $ 13,216590 590 13244 199, 199? $ 500,548 $ 391,686 548515 43,341 127, 544037 458,970 5-ZANWMW� $ 4 58972 $ $ -0- $ 13,216590 590 13244 to ral part of the financial statements. The notes are an in 9 5 58380 5307934�� 5307934�_ 544037 458,970 to ral part of the financial statements. The notes are an in 9 5 The notes are an integral part of the financial statements. 6 CITY OF DIAMOND BAR - PROPOSITION A LOCAL RETURN FUND STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL Forthe Fiscal Year Ended June 30, 1992 (With Comparative Totals for the Fiscal Year Ended June 30, 1991) Variance Favorable (Un- 1991 Budget Actual favorable A= Revenue Proposition A (Note 4) $ 495,828 $ 509,675 $ 13,847 $ 709,266 -0- Proposition A Incentive _0- 3,451 7,000 33,416 3,451 26,416 4 7,452 Interest Income (Note 5) Total Revenue 502,828 546.542 43,714 756,718 Expenditures Various Projects (Exhibit 1) 709,199 474,129 235.070 651,231 Total Expenditures 709,199 474,129 235,070 651,231 Excess (Deficit) of Revenue (206,371) 72,413 278,784 105,487 Over Expenditures Fund Balance at Beginning of Year 458,380 458,380 _0- 352,893 Fund Balance at End of Year $252,009 $ 530,793 $ 2786784 $ 45.8,380 The notes are an integral part of the financial statements. 6 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting The operations of the fund are accounted for in separate sets of self -balancing accounts that comprise its assets, liabilities, fund balance, revenue and expenditures. The fund accounts for the City's share of the 1/2% Proposition A Local Return allocations which are legally restricted for specific purposes. Basis of Accounting The Proposition A Local Return Fund (PALRF) is accounted for in the Proposition A Fund, a Special Revenue Fund using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budgets and Budgetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. NOTE 2 -ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of operations and ubI e Los County Traliance with the nsportation portat on Comm ssion forProgramosition A Local Return published b the Proposition pub y h A Local Return Fund only. NOTE 3 PROPOSITION A LOCAL RETURN COMPLIANCE REQUIREMENT In accordance nt to these cor a Popsect ons may only benuse ror P opositionam � funds ALocal Return pursua Programs. NOTE 4 - PROPOSITION A REVENUE Proposition A revenue is the following: 1992 1991 Proposition A Local Return Fund $ 509,675 $ 709,266 NOTE 5 - REVENUE - INTEREST The PALRF cash balance was pooled with various other City funds for deposit and investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned to the participating funds based on the relationship of their average monthly balance to the total of their pooled cash and investments. VA COMPLIANCE SECTION - CO� C TELEPHONE 5750 WILSHIRE BOULEVARD, SUITE 286 J 1NI �J S�5 .lO� LOS ANGELES, CALIFORNIA 90036 (213) 936-3324 CERTIFIED PUBLIC ACCOUNTANTS �` FAX (213) 930-0665 SENIOR PARTNERS Brainard C. Simpson, CPA Carl P. Simpson, CPA Frederick A. Simpson, CPA INDEPENDENT AUDITOR'S REPORT November 2, 1992 To The Board of Directors Los Angeles County Transportation Commission Los Angeles, California We have audited the balance Proposition A Local Return Funds of revenue, and the changes in fund balance of Propphe ty of Diamondond 1992 and ve issued our Bar (City) for the years ended 1992 3 Durr audits were made in n acco dance report t thereon dated November, generally accepted auditing standards; the rules and regulations of the Los Angeles County Transportation Commission (LACTC), the Proposition A Local Return Guidelines (revisf the ed June 1988heraaud�it ng prdocedures as we onside edtests necessary accounting records and such o under the circumstances. is resonsible for the liance with The management of the City and the Proposition A Local Guide! nese laws he and regulations of LACTC following projects were reviewed and tested: Program Promotion E & D Transit Administration (Transit Planning) Transit Planning (57/60) Recreation Transit (Hol Shuttle) Transit Planning (Circulator) Recreation Trans. (WVIPIA) Transit Planning (Seminar) Transit Planning (Coalition) Recreation Transit (Brea) Transit Planner Fund Exchange lied with Based on our audits, we found th�he o �o acts listedhe sabove.e Further, based on oue laws and regulations governing P 1 audits, for the items not tested, nothing came to our attention to indicate that the City had not complied with the laws and regulations governing the projects. This report is intended sole.Yfor the use of the This restriction is notCity ntended to and LACTCm tdthe dist ibution not be used for any other purpose. of this report, which, upon acceptance by the City Council and LACTC, is a matter o public record. 0 SUPPLEMENTAL INFORMATION 10 EXHIBIT 1 CITY Of DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND LACTC APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 1992 (With Comparative Actual Amounts for Fiscal Year Ended June 30, 1991) Project 1992 Code Proiect Name 01-125 Project Promotion 03-103 E & D Transit 01-180 Admin. (Transit Planning) 03-121 Transit Planning (57/60) 02-105 Rec. Transit (WVJPA) 03-121 Transit Plang. (Seminar) 01-121 Rec. Transit (Hol Shuttle) 02-121 Transit Plang. (Coalition) 01-105 Recreation Transit (Brea) 02-121 Transportation Planning 01-190 Fund Exchange (S.C.) 01-121 Transit Plang. (Circulator) Total Expenditures $ 709,199 $ 474,129 $ 235,070 $ 651,231 �e (1) Never charged Proposition A for portion of two newsletters. (2) Not all bills for 1991/92 were received in time for posting to 1991/92 fiscal year. (3) Budget was a carryover from 1990/91. Most of the cost was expended in FY 1990/91. (4} The project was inactive during the fiscal year 1991/92. (5) Project ended. (6) Costs came in under budgeted amount. (7) There was an overlap of expenditures between WVJPIA and Brea. (8) Position has temporarily been placed on hold. (9) Project is still underway. Expenses on this project are still to be incurred. 11 1992 Variance LACTC (Over) 1991 Budget Actual Under Actual $ 4,000 $ 2,000 $ 2,000 (1) $ -0- 45,000 23,470 21,530 (2) -0- 3,740 270 3,470 (3) 7,087 18,700 -0- 18,700 (4) -0- 50,000 3,017 46,983 (5) 30,328 375 375 -0- -0- 24,500 17,020 7,480 (6) 13,816 2,684 2,684 -0- -0- 50,000 3,523 46,477 (7) -0- 65,000 -0- 65,000 (8) -0- 400,000 400,000 -0- 600,000 45,200 21,770 23,430 (9) -0- $ 709,199 $ 474,129 $ 235,070 $ 651,231 �e (1) Never charged Proposition A for portion of two newsletters. (2) Not all bills for 1991/92 were received in time for posting to 1991/92 fiscal year. (3) Budget was a carryover from 1990/91. Most of the cost was expended in FY 1990/91. (4} The project was inactive during the fiscal year 1991/92. (5) Project ended. (6) Costs came in under budgeted amount. (7) There was an overlap of expenditures between WVJPIA and Brea. (8) Position has temporarily been placed on hold. (9) Project is still underway. Expenses on this project are still to be incurred. 11 EXH—_ IB�T IA CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 1992 and June 30, 1991 Balance Balance 6/30/92 Date 7/1/91 Additions Deletions �— Acquired Descr_ i_ pt1On -0- $ -0- $ $ �" $ --_ None -0- $ _=0- $ -0- Total $ -0_ $ 12 EXHIBIT 2 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND EXIT CONFERENCE June 30, 1992 An exit conference was held on November 13, 1992 at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Hasmik Yacoubian, Auditor City's Representative: Joan M. Gitmed, Senior Accountant Matters Discussed: Results of the audit. 13 MPAC USA ° 21335396?4 .I _` Nii�'•►'14 G�� 1NF 2-1738set (4+ t CAI..iFQR N -1 pRgee J COMM►�s►4N��a post.lt- brand fax transmittal memm� 7� _ ter► .�:� �,. ,�. MANLY"Iii0w �up� CHII.NK l�( saN Vig w�uiit�CA�1 TCM B�AOLIA,wWA MOAN"' MAYOR RUY++ M► iDraft) MNA iG� ,�fQ�.�7i+iOp L oyii�a ha'Ei aga Inst Bosnia-�i Q achildrvri the Serbian avVestion f Bosnian women plrisrvav � of f � thr uvea and 4zi ldroyl dramatically against women 1 assault an Orimas comitted y�harea , the w� le" of violence including recon involve countless vines are bei"' rape. in houni 'n aampso . . WOU4n and abiidx oonaQntratinn d �rrvas, prisoners iri Clac taxgots of aocrii .ater ss p ovine are tt1e ape Mien in gosn3.a^hexa`g WbOrG li iDaide • Loi Arigalee city at C eylarisii 4r CouRoiZoina the pals of the l+os 1 ,616i City iri support Wherass, t.h ing the g cola, scion 01%the gt$tus3 of n cleansing. 'iAomtn',r Ceadlitit+n hge3nst r111<te officialssii' unction with t ., &PPr tior►s, and $ wOrki.n9 iri �oxij nt, the mited whereas, �tatieeema measuxsa= the .Unit wo aepport the i'o1L rinq terms of tre 2eraegw ina r crime uvr the recognize as a mar ion. aartev'A 2 so o bacXu>I,atl viol,6nhe =.,men can be PraTo affioiS"yda `htthes4secuted• Sa3►gi aiaxntedt twhvem urgent Brit illr actofrase QWedov&$taingIre. 3) To as tes for�n o Hed pridtmant s 'With particu'arattentio 0entration 4) Vo olosa a" 4K VMO" .a children- 7tCoh llvss iidren, defen! .ib'o.ratin�eriat a°ania POOP,-* call s sriF. 'of aor Tif�emmargnthrix hxa S ri � eXn'ment 'LIS OL .1 i rif = ghte e united �tpu& acrid and to the k�tsm ► �? To DAISist tb1et dations totiations for a peace>tul e+�tttexite�nt.• in tate,T1i foster n ales City C,,��c it v3cla�txc'xil� At, the '�►Cs '4'ng f Women it be it resolved on the status a owls of Naw, thsrysorv, elea City ct mi6sion tho 4 Ang eom+ar► and a'P4° ing tl14, LOe sinal and psychological aayns a tor. of �asni � hY oondemnzx►�6 slitian to end th P the wems'n yx:.�• M"• =�"". ,..mss AGENDA ITEM NO. 6.1 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 6.2 NO DOCUMENTATION AVAILABLE PRESENTATION TO BE GIVEN BY CAPT. LEE MCCOWN CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. _-7.3 TO: Honorable Mayor and Members of the City Council MEETING DATE: January 19, 1993 REPORT DATE: January 13, 1993 FROM: Terrence L. Belanger, City Manager TITLE: Integrated Waste Management Fund - Proposed Fiscal Year 1992-93 Budget Amendment SUMMARY: On December 15, 1992, the City Council approved Resolution 90-95A which modified the City's solid waste permit system to include the issuance of individual non-exclusive contracts for the collection, transportation, recycling, composting and disposal of solid waste, recyclables and compostable materials generated within the City of Diamond Bar. In order to more accurately reflect the changes made in the type and method of solid waste collection services that are to be provided in the City, the City Council has directed staff to prepare a budget amendment to the Integrated Waste Management Fund for Fiscal Year 1992-93. RECOIVIlVIENDATION: It is recommended that the City Council approve the proposed budget amendment to the Integrated Waste Management Fund for Fiscal Year 1992-93. It is further recommended that the City Council authorize the City Manager to retain, at a cost not -to -exceed $12,500.00, the services of a qualified consulting firm with experience in solid waste management practices to administer the City's solid waste permit system for the remainder of Fiscal Year 1992-93. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement(s) _ Other 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? N/A 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? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: RETWED BY: Terrence L. Belanger City Manager Troy L,, B tzlaff AssistaqNo the City anager _ Yes _ No _ Yes _ No Yes X No _ Yes X No CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 19, 1993 TO: Honorable Mayor and Members of the City Council FROM: City Manager agement Fund - Proposed Fiscal Year SUBJECT: Integrated waste Man 1992-93 Budget Amendment ISSUE STATEMENT: The City Council has directed staff to prepare a budget amendment to the Integrated Waste Management Fund foia waste collectionI Year 9sery services that are3 to reflect recent changes in the type and. method of sol rovided in the City. be p RECOMMENDATION: t that the City Council approve the proposed budget amendmen It is recommended Management o Yit is to the Integrated Waste the City C council authorize the City Manager to further recommended that the service of a qualified retain, at a cost not -to -exceed $12,500.00, consulting firm with experience insolid sstem waste the remainder management practices Fiscal administer the City's solid waste permit Year 1992-93. DISCUSSION: On December 15, 1992, the City Council modified the City's solid waste permit individual non-exclusive contracts for recycling, composting and disposal o bl materials generated within t] approved Resolution 90-95A which system to include the issuance of the collection, transportation, f solid waste, recyclables anc ie City of Diamond Bar. composta e the Under the new permit system any qualified waste contractor, meeting City's requirements, will be required to execute a contractual document p r ion to providing solid waste collection, disposal and recycling services within This document articulates the City's requirements with respect t, the City. provided, as well a the type, manner and nature of collection service demnif cation, performanc the type and amount of insurance coverage, the City. bonds, fees, and other factors as established by iv Managing a contractual system with multiple contraith limited staffing ctors is a labor intensar in cities w task. This is especially evidentbecause a multiple contractor environmer ' 1 resources. Furthermore, financia f creating dissimilarities in operations ana has the potential o practices, the City must place a higher emphasis on program monitoring and their waste evaluation to insure that each contractorogrecs toward meetinliance g the City's requirements and is making se issue y P diversion goals. While these issues will create certain state -mandated s acles hawaste impede the City's progress towards achievingstem and a uniform diversion goals, a standardized contract managementw 1 insure that the City's public education and information campaign requirements are met and waste diversion goals are achieved. Therefore, to properly administer any contract issued,pursuant ursuant to this permit and to insure that the City fully complies with its state mandated systemas set forth by the California Integrated actors ManageWaste ment Act of 1989 (AB waste diversion goals, 939), staff recommends that the following be taken into consideration: Permit Administration recently allocates a portion of the Assistant o the City Executive The City p Assistant City Manager position, Manager position, permit system Secretarial position to effectuate the City's solidstem wth multiple (See Attached Budget). However, a permit system contractors requires a much higher level of contract administration than the City now provides. he is solid waste system is Because the overall success andlevel tof administrative support that is dependent on the typeCouncil consider the following provided, it is important that the City ,s ermit system. option regarding the administration of the City P Consultant Based Support Services One method of providing contract administration is through the qualified consulting firm with experience in solid retention of a q implementation, monitoring waste planning, program development and imp and contract support services. Although the it vis and evaluation, endin on the consulting f irm, of services may vary dep c but not limited and estimated that the cost for services develo went; monitoring . contract ne administration; program , technical assistance evaluation of the waste contractors programs; to commercial generators; and the development 0 0 a yea�rsion reporting system, could range from $25,000 to $40, Besides being potentially less expensive than a full-time employee, nefits thai contracting for consultant services could be more b neficialeto the Cit! are not readily apparent an over the short-term. Specifically, the retention of a consultant at this formative stage, will allow staff to more accuratel evaluate both the level of administrative support services neede� and the performance of the solid waste contractors over the ex several months. This evaluation ;as sol d waste permit system an ll enable staff to provid more thorough analysis of Y year 1993-94. its budgetary implications for fiscal y Pro ram Monitorin and Evaluation To satisfy the requirements of AB 939 and its progeny, the City mu: ate, verifiable and defensible informatiol demonstrate, through accur that it has complied with and/or has made satlsrauLury P.Lug mo LQw Ldo achieving a 25% reduction in the amount of wastes disposed of at landfill. Within the context of the City's permit system, this will require a substantially different report tracking system than presently used, as well as a cooperative working relationship with the City's solid waste contractors. It is staff's opinion that a computer-assisted diversion reporting and monitoring system is the most cost-effective method of reducing the level of exhaustive monitoring and evaluation of programs that a multiple contractor system necessitates. A computer-assisted diversion reporting and monitoring system can be used to statistically track diversion and waste disposal activities by collection route and other criteria as established by the City and will be essential in reporting compliance to the California Integrated Waste Management Board. Integrated Waste Management Fund The City's integrated waste management activities are currently funded through the assessment of a AB 939 Administrative Fee of $.35 per household per month, $6.00 per commercial account per month, and $40.00 per containerized unit per month. From this, the City has generated an estimated $28,612 in revenues as of November 1992. Based on existing trends, the City will raise approximately $77,940 in revenues this fiscal year to offset the City's anticipated costs of administering an integrated waste management program. Assuming the City's annual costs to be around $110,000, less capital expenses, it is quite obvious that the revenues derived from this source will be insufficient. Therefore, the City will need to raise existing revenues or develop additional revenue sources in order to effectively meet its state -mandated obligations. Staff has prepared a budget amendment to reflect the anticipated costs of administering the newly adopted permit system over the next six (6) months (See Attachment). Based on staff's analysis, it is estimated that the total expenditures for the remainder of this fiscal year will be approximately $136,000. This includes: $12,500 for the retention of a consultant to administer the City's solid waste permit system; $57,709 in personnel related costs to manage the City's integrated waste management programs; $40,775 to purchase a computer-assisted diversior tracking system as specified in Exhibit "B"; $2,500 for technical assistance for commercial generators and to conduct a series of backyarc composting demonstrations at City park sites; $12,500 for public education and information; $5,000 to evaluate existing programs (e.g., curbside recycling) and to design an evaluation methodology for assessing future program performance; and $4,500 in miscellaneous expenses such as meeting, conferences, training, printing, and supplies, While the City may be able to defray some of these costs, througt regional cooperation or joint ventures with adjoining cities, it is estimated that the City would have to increase its AB 939 Administrativ( Fee to $.70 per residential account and $10.00 per commercial account per month. Although the fee for containerized service will remail constant at $40.00 per unit, the proposed fee increase on residentia: and commercial generators should generate about $59,000 through thl close of this fiscal year. Furthermore, when combined with the revenue; generated from the first six (6) months of Fiscal Year 1992-93 an4 another $30,000 in anticipated application fees from the City's soli, waste contractors, the City will have approximately $129,000, les reserves, that can be used this fiscal year to fund the costs associate, with administering the permit symtem cL"u tv -C- establishing cestablishing an integrated waste management program. It should be noted that a fee of $0.70 per household per month is not uncommon. In fact, a survey of five (5) cities in the East San Gabriel Valley indicates that on average these cities charge $0.98 per month to recover the costs associated with AB 939. Furthermore, according to a survey of fifteen (15) cities in Los Angeles County, the average monthly fee is $1.21. Even the City's SRRE estimates that to recover the costs associated with a curbside recycling program the City would be required to charge, at a minimum, $1.75 per household per month. Prepared by: TroyB zlaff Assistan to the Ci Ma er Exhibit 'A' INTEGRATED WASTE MANAGEMENT FUND PROJECTED REVENUES WITH PROPOSED FEE INCREASE Fiscal Year 1992-1993 ESTIMATED ANNUAL PROJECTED E OF SERVICE NUMBER OF ACCOUNTS* PERMIT FEE MONTHLY TOTAL Per Subscriber Residential 12,500 X 05 0.45 $5,625.00 0.50 $6,250.00 0.60 $7,50.00 0.65 $8,125.00 Proposed 0.70 $8 ?50•UU Commercial 220 (Includes Multifamily Residential) PROJECTED YEARLY TOTAL** $75,00.0 $90,00.00 $8.00 $1,760.00 I $21,120.0 Construction/Roll—Off 20 X 44u.vu ..,..,..,R.. 5.0 90.0 Current Fee Projected Revenues T, L & '495.00 With Proposed Increase Projected Revenues TOTAL $11,750.00 Projected F.Y. 92-93 (5 Months) TOTAL $11,750.00 Per Month NOTES: a rref t perm It fees are ilbstrated by S HARING. *The number of accounts is basedon Information obtainedthrough the Monthly Sold Waste Permit Caculatlon Forms that aresubmlhed bythe pennRtedhatlers. -Assumes the number of accounts remain constant throughout the year. *This figure represents potential revenues from the proposed fee Increase over afive (5) month period beginning Fedu ary, 1, 1993 through June 30, 1993. Us proposedthat the permit fee be Increasedto $0.70 per residential account permonti and thatthe fee commercial accounts be increased to $1o.00 permonth peraccount. ttis proposedthat the permkfee for contaherizedservice remain the same at $40.00 perun it per month. 41,000.0f $8.750.00 Exhibit "B" Preliminary Cost Estimate SOLID WASTE DISPOSAL AND DIVERSION TRACKING SYSTEM Minimum Specifications HARDWARE APPROXIMATE COST Industry Standard File Server $7,500-$10,000 EISA Architecture 80486 Microprocessor 33 MHz Clock Speed 80487 Math Coprocessor 32 MB RAM 128K Installable Cache RAM 1 GB Hard Drive One (1) 1.2 MB floppy drive One (1) 1.44 MB floppy drive Tape Backup SVGA 14" Monitor 1024 x 768 Resolution $300-$700 Compatible SVGA Card 101 Tactile Keyboard (Enhanced) $150-$200 Mouse $50-$75 Digitizer Tablet $950 "E" Size Plotter 30"-42" $7,000-$8,000 Laser Printer $3,500-$4,500 Hewlett-Packard IIIsi Modem V.32bis 9600 bps External $500-$800 Uninterruptable Power Supply (UPS) $500-$800 SOFTWARE APPROXIMATE COST DR DOS 5.0 $50-$100 Novell NetWare Version 3.11 $2,500 Microstation Micro CADD Design Software (Intergraph) $3,500 Diversion Tracking System Continued... SOFTWARE WastePlan for Windows (Tellus Institute) Windows Version 3.1 FoxPro +LAN WordPerfect for Windows Version 5.2 CrossTalk Mk. 4 Version 2.0 PERIPHERALS Modem V.32bis 9600 bps External (x6) CrossTalk Mk. 4 Version 2.0 (x6) TRAINING Two Employees @25 hours Total CADD FoxPro WordPerfect APPROXIMATE COST $1,500 $150-$200 $300-$500 $300-$500 $250-$300 APPROXIMATE COST $3000-$4800 $1500-$1800 APPROXIMATE COST $1500-$2000 APPROXIMATE TOTAL $28,250-$40#775* NOTE: This estimate doesn't include the cost of base map data for the CADD system nor does it include annual support costs to maintain the system. ESTIMATED RESOURCES: 2550 Reserve Fund Balance 3480 Waste Hauler Permits 3481 Application Fees 3482 AB939 Admin Fees 3483 Annual Fees 3610 Interest Revenue 700 9,600 TOTAL RESOURCES APPROPRIATIONS: 1992-93 Recommended Amended Adopted Budget Amendment Budget 30,388 (16,102) 14,286 78,000 (37,000) 41,000 4099-0070 City Paid Benefits 700 9,600 30,000 3,064 58,000 58,000 (467) 1,033 0 (677) 0 $108,388 $4,898 $143,286 PERSONNEL 60,700 (14011 ) , 46,689 4099-0010 Salaries 4515-2320 Publications 0 4099-0030 Part Time Wages 4515-2340 Education & Training 700 4099-0070 City Paid Benefits 700 9,600 (6,536) 3,064 4099-0080 Benefits 1,500 (467) 1,033 4099-0083 Wkr's Comp Exp. (677) 223 4099-0085 Medicare Exp. 900 7,000 (1, 000) 6,000 4099-0090 Cafeteria Benefits 80,400 (22,691) 57,709 TOTAL PERSONNEL EXP 20,000 12,500 32,500 OPERATING EXP. 4515-1200 Dept. Supplies 4515-2110 Printing 4515-2320 Publications 4515-2325 Meetings 4515-2340 Education & Training 500 TOTAL OPERATING EXP PROFESSIONAL SVCS. 4515-4000 Professional Svcs 4515-4581 Permit Administration 4515-4582 Public Info & Educ. 4515-4583 Technical Assistance 4515-4584 Monitoring & Evaluation 500 TOTAL PROF SVCS EXP CAPITAL OUTLAY 4515-6230 Computer Equipment 1,988 (988) 1,000 2,500 2,500 0 500 500 1,500 (1,000) 500 4,000 (500) 4,500 20,000 (20,000) 0 12,500 12,500 12,500 12,500 2,500 2,500 5,000 5,000 20,000 12,500 32,500 40,775 40,775 TOTAL APPROPRIATIONS 104,400 30,084 135,484 2550 Reserve Fund Balance 7'802 GRAND TOTAL $104,400 $30,084 $143,286 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 1992-93 FUNQ TYKE Special Retinue �'UjV�`iIQN wee Mgt ;l FUNQ � 11;5 INTEGRATED WASTE MANAGEMENT FUND 1992-93 Recommended Amended Adopted Budget Amendment Budget PERSONNEL: Full Time: 25 (25) .00 City Manager 25 .25 Assistant City Manager 75 (25) .50 Asst to City Mgr 20 05 .25 Exec. Secretary 1.20 (.20) 1.00 Total Positions CITY OF DIAMOND BAR AGENDA NO.J, L AGENDA REPORT TO: Terrence Belanger, City Manager REPORT DATE: January 15, 1993 MEETING DATE: January 19, 1993 FROM: Bob Rose, Director of Community Services TITLE: RFP for Supplemental Graffiti Removal Contractor for the City of Diamond Bar. Cit Council directed staff to prepare an RFP to obtain SUMMARY: At the January 5, 1993 City Council Meeting, y a contractor to supplement the Boys and Girls Club of San Gabrielo� Valley supplgeraffiti removal in ment current graffitiremoval efforts attached specifications outline the City's desire to obtain a to insure that graffiti is removed in Diamond Bar within 24 hours of its reporting, in the most cost efficient and effective manner possible. RECOMMENDATION: It is recommended that the City Couto iecev e bids.a attached specifications for graffiti removal in Diamond Bar and direct the City Clerk to adverts LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification X 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? Majority 2. Does the report require a majority or 4/5 vote. Yes X No 3. Has environmental impact been assessed? — Yes X No 4. Has the report been reviewed by a Commission? — Which Commission? Yes X No 5. Are other departments affected by the report? — Report discussed with the following affected departments: 7enceB Belanger Bob Rose City Manager Director of Community Services CITY COUNCIL REPORT MEETING DATE: January 19, 1993 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: RFP for Supplemental Graffiti Removal Contractor for the City of Diamond Bar ISSUE STATEMENT: At the January 5, 1993 City Council Meeting, City Council directed staff to prepare an RFP to obtain ; contractor to supplement the Boys and Girls Club of San Gabriel Valley for graffiti removal in Diamond Bar. RECOMMENDATION: It is recommended that the City Council approve the attached specifications for graffiti removal in Diamond Bal and direct the City Clerk to advertise to receive bids. FINANCIAL SUMMARY: There is currently $25,000 budgeted for graffiti removal for the 1992/93 fiscal year. From that appropriation; $20,350 has been expended. Based on the current rate of graffiti removal, it is estimated that a total appropriation for the current fiscal year of $34,584 will be required. The release of an RFP for a supplemental contractor will not effect the $34,584 estimate. BACKGROUND/DISCUSSION: As presented to the City Council at its January 5, 1993 meeting, the amount of graffiti in Diamond Bar has increased significantly in the past few months. Due to this large increase in graffiti, our current graffiti removal contractor, the Boys and Girls Club of San Gabriel Valley, has expressed a concern about their ability to remove graffiti in the 24 hour response time sought by City Council. It now takes up to 48 hours to remove 92% of the graffiti reported, with large commercial areas taking much longer. The attached bid package seeks to obtain a contractor to supplement the Boys and Girls Club of San Gabriel Valley to insure graffiti removal in Diamond Bar within 24 hours of its reporting, in the most cost efficient and effective manner possible. PR ARED BY: Bob Rose, Director of Community Services BID PACKAGE FOR THE REMOVAL OF GRAFFITI IN THE CITY OF DIAMOND BAR City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 (909) 860-2489 CITY OF DIAMOND BAR 21660 E. Copley Dr., 1100 Diamond Bar, California 91765 (909) 396-5694 NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that sealed proposals will be received at the office of the City Clerk at the above address until Thursday, February 25, 1993 at 11:00 a.m. for the removal of graffiti in Diamond Bar. Said bids will be publicly opened and read aloud at that time, or as soon thereafter as practicable. Considered bids will be tabulated and presented to the City Council at its next regularly scheduled meeting, or, if necessary, at the earliest next available meeting date. The City Council of the City of Diamond Bar reserves the right to reject any or all bids. 2 BID CAUTION -NOTICE 1. Responsibilityto obtain and submit quotations on city Bid Form will be that of the 2. Please read entire bid carefully prior to submission. All deviations and exceptions to the specifications must be shown on the bid sheets. 3. Mark sealed envelope containing your quotation in lower, left corner as follows: Name of Bidder Title of Bid r`rafflt] Removal In The City of Diamond Bar Opening Time & Dates hursdav February 25 1993 at ll:oo a.m. 4. Bids received after time and date of Bid Opening will be returned to addressor unopened. 5. The city reserves the right to reject any or all quotations and shall not be required to make a statement of the reason for rejection. 3 CITY OF DIAMOND BAR 21660 E. Copley Dr., 1100 Diamond Bar, California 91765 • • =.�1� •_Ll� • 1. ENVELOPE LABELING: Bids must be submitted in sealed envelopes, showing on the outside: the name of the bidder, title of the bid, the opening date and time 2. BID BUBM SSION• submission of a signed bid shall be interpreted to mean that bidder does agree to and has accepted all of the terms and conditions set forth in all the pages which make up the bid advertisement. 3. SPECIFICATION INTERPRETATION: Whenever a question as to the meaning of any portion of this specification is in dispute or where there may be more than one interpretation given to any portion of the specification, the interpretation by the City of Diamond Bar shall be final. 4. RESPONSIBLE BIDDER: The City of Diamond Bar reserves the right to reject the bid of any bidder(s) who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a position to perform such a contract satisfactorily. The City expressly reserves the right to award the contract to the bidder that best meets the requirements as set forth in the specifications. 5. LATE PERFORMANCE PENALTY ERCEPTIONS• The successful bidder shall be excused from performance hereunder during the time and to the extent that they are prevented from performing in the customary manner due to inclement weather or national holiday, where satisfactory evidence thereof is presented to the other party providing it is satisfactorily established that the non-performance is not due to the fault or negligence of the party not performing. 6 LATE PERFORMANCE PENALTIES: For late performance not excusable under paragraph 5, the City reserves the right to assess the contractor liquidated damages. The parties agree that it is impracticable or extremely difficult to determine the actual damages to the City for late performance of 4 services in this contract and that the following percentages of the price of the seliice performed ated damages delay be cted from final payment a quid DAYS LATE TOTAL PERCENTAGE DEDUCTED CITY WORRING 10% One Day 25% Two Days 50% Three Days 75% Four Days 100% Five Days or More 7 , TO REC..Ty1 oo&nr�r WA=QNS _ The work is to be done in specifications of the City of Diamond Bar accordance with the sp CitY Clerk atHall, the on file in thernia office �fC pies of the specifications will be Diamond Bar, Calif of Diamond Bar. furnished upon application to the City written request by the bidder, copies g, COST OFM LINGUpon said request is of the specifications will be mailed when accompanied by payment of $5.00 to cover the cost of mailing charges and overhead. proposal shall be accompanied by 9. PROPOSAL GIIARNff1E: Each pro P a bid bond in cash or by a cashiers or certified check or by of the amount the amount of not less than ten percent (10%) even as named in the proposal. Said check or bond shall will within a guarantee that the bidder, if awarded the bid, execute the ten (10) days after written notice of the award, contract. In case of the case may be r sal or failue to a bexecuforfeitedte cto the check or bond, asess the City. No bidder's bond will be accepted the City, inl t substantially to the form furnished by d out and which is bound herein, and is properly executed. 10. SIGNA_MIL The bid must be signed in the name of the person dor of the and mustdul araut authorized to signature longhand in the sign the bid on behalf of the persons Y bidder. s�mvnv ntr BT WgRS: In selecting the lowest responsible 11. 5� "� to the financial bidder, consideration will of the bidder for standing but also to the g osal. the performance of the work covered by the prop ^T" ++EPOSIT RET Deposits of three or more low bidders, 12. the number being at the discretion of the City, 5 for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 13. AWARD OF BID: The award of bid, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. The bidder to whom award is made shall execute the contract within ten (10) days from the date of written notice of the award. Failure or refusal to execute contract, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the contract, the City may award the bid to the second lowest responsible bidder. If the second lowest bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 14. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at S4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 15. QUANTITIES: The quantity of work for the unit price items to be done under the bid, as noted in the specifications, is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 16. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City Clerk signed by 6 an authorized representative of the bidder or by the person filing the bid. 17• VALID PROPojarn. proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 18. INS PROPOSALS. The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. 19 • ACCEPTANCE OR R -rnnmrnN O BIDS • The City City of Diamond Bar reserves the right to accept Council any bid orh eject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 20. $DICES AuD A(�R w�r�eum OF FItiUREs • total amount arrived at by multi 1 If a unit price bid item the quantity does not agree with the total amount the unit price lfor the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 21. ADDENDA TO coNTR!►rT DOCilbtFwtmS . The City mayfromtime, issue addenda to the contract d cum nits during timto period of advertising for bids, for the purpose of clarifying or correcting special provisions, proposal. specification or bid Contractors who have secured bid documents will be furnished With copies of such addenda, either by first class mail, telephone facsimile, or personal delivery during the period of advertising. The addenda will be sent to the address, or fax 7 th or number, the contractor leetb d documentsnweredCity of secured. Diamond Bar at the time th 22 . vnnTsrTc��TIONB: Changes in or addition to the rbid form, s or recapitulations of the work bid upon, alternative proposals any other modifications of the bid form which is not t in the specifically called for in the bid documents my result responsive to the City's rejection of the bid as not beingid invitation bid. No oral or telephed butoalt legraphiclmod fication submitted will be consider if a postmark evidences that a may be considered and only signed by the bidder was confirmation of the telegram duly prior to the opening of bids. The bid placed in the mail p erasures, interlineation, submitted must not contain any other corrections unless each such correction is oPPulosbte authenticated by affixing in the margin immediately the correction on the sur name or surnames of the person o persons signing the bid. between 23 . D�.,ne4�a1�(TF�!$ TN PROPOS In case of il. If discrepancy amounts the words shall prevail. words and figures, do not in fact add to bid on individual items (if called for) the individual items shall prevail over the total the total, quantities and amounts are for figure shown. The estimated Qu The City Council of the purpose of comparison of bids only rightthe reject any or the City of Diamond Bar rirre irregularity orinformality in any all bids and to waive any glaw. bid to the extent permitted by O RgIUL The successful bidder 24•P erformance bond in the amount of shall be required to post a p al to 100% 100% of the bid price, labor and material bond equal of the bid price. 25. er PROPO_$AL g : No proposal will be considered from the CitydOf to whom a proposal form has not been issued by Diamond Bar. 26. CITY CONTACT: If further information is needed regarding this bid, please contact: Bob Rose Parks and Recreation Director 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 (909) 396-5694 Monday through Friday from 8:00 a.m. to 12:00 Noon or 1:00 P.M. to 5:00 P.M. 8 27. FAX NUMBER: All persons obtaining bid packets should include his or her facsimile telephone number in order that addenda and other information may be transmitted as rapidly as possible. FAILURE TO PROVIDE SUCH A NUMBER NAY RESULT IN LATE NOTIFICATION. 28. PROGRESS PAYMENTS: Payments to Contractor shall be made by CITY in accordance with the invoices submitted by Contractor, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with bid with respect to unit prices. In no event, however, will said invoices exceed 90% of unit price totals described in bid. Bidder agrees that, in no event, shall CITY be required to pay to bidder any sum in excess of 90$ 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. Additional services: Payments for additional services requested, in writing, by CITY, and not included in bidder's proposal shall be paid on a reimbursement basis in accordance with the fee schedule set forth in bid. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 29. PERFORMANCE: Graffiti removal must be completed within 24 hours of receipt of properly identified location (address and/or cross streets along with structure containing graffiti). 30. HOT LINE: Telephone for reporting graffiti must be staffed by person or machine 24 hours per day, seven days per week. Hot line telephone number must be available for public use, when determined to be in the best interest of the City. 31. TERM OF CONTRACT: Fees presented in this bid are binding through 6/30/94. Contract may be extended annually at the option of the City. In the event the City exercises its option to extend the term of this Agreement, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter. E Any increase in compensation will be negotiated between the City and the Contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If agreed to, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if any, obtained by multiplying the Contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 10 FArrflFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE "Contractor", and �— as successful bidder and hereinafter referred to as as SURETY, are nd unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter held and firmly b° a„Cit " in the sum of referred to as the Y Dollars Of the United States of America, for the ($ ) lawful money to be ma payment of which sum,de, we bind ourselves, jointly will and truly resents. and several firmly by these pthat whereas, said bidder has SUCH, the services under the THE CONDITIONS OF THIS OBLIGATION onsiderati h of of Diamond Bar" is been awarded bid by said City the City specification entitled "Graffiti Removal in City to give this bond in connection with the execution o required by said C Y said bid award. ly do and perform all and be done and if said contractor tof said bid hisup in to obligation NOW, THEREFORE, this the covenants and oblig specified he perf ormed at the time and in the manner sP void; otherwise it shall be and in full force and effect; be shall be null and or the services PROVIDED, that any alterations in the work to be done,d shall any be min ade pursuant to the terms hereunder In r hall they furnished, which may the Surety any way release said Contractor °r rovisions of said bid release either ranted under the p extension of iter said Surety and notice of such alterations or extensions said Contractor o waived by such Surety. of the bid is hereby WHEREOF, we have hereunto set our hands and seals this IN WITNESS 1993. day of SURETY PRINCIPAL BY: (SEAL) BY: (SEAL) 11 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held percent (10%) and firmly bound unto the City of Diamond Bar in the be paiidtto he said City rincipal, for which payment will of the total amount of thit 1 successors and assigns; executors and of its certain attorney, we bind ourselves, our heirs, (firmly r these and truly to be made, jointly and severally, administrators, successors or assigns, j presents. the liability of the surety hereunder exceed the sum of In no case shall THE CONDITION OF THIS OBLIGATION IS SUCH, whereas the itY principal has submitted the above mentioned bid to the Cfor That w described as follows, on February 25, 1993 ecif ical y of Diamond Bar for certain service and Bar City Hall which bids are to be opened at for the Removal of Graffiti In the City of Diamond Bar' and within the if the aforesaid principal is awarded the bid, and forms NOW THEREFORE,after the prescribed the time and manner required under the specificationsenters into�a written contract, are presented to him for signature, and files the bond withthethen prescribed form in accordance with entsthe forlmaterials, as required by of Diamond Bar to guarantee paym otherwise it shall remain in full on this bond by the obligee this obligation shall be null and void; all costs incurred by the force and effect. In the event e surety shalsuit is l pay and judgement is recovered, a reasonable attorney's fee to be fixed by obligee in such suit, including the court. (Continued Next Page) 12 BIDDER'S BOND CONTINUED IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 1993 (seal) (seal) (seal) (seal) PRINCIPAL (seal) (seal) SURETY (seal) (seal) ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. 13 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for completion of the work under the City's specification entitled and is required by said City to give this bond in connection with the awarding of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, or fails to pay for any materials, provisions, provender or other supplies, r the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder not shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alteration: or extensions of the contract is hereby waived by said Contractor. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1993. PRINCIPAL SURETY BY: (SEAL) BY: (SEAL) 14 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for graffiti removal in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for graffiti removal in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and ir accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require complete and finished work for each removal assignment and anythini necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract withi ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to 15 complete the work of each removal assignment within twenty- four hours of assignment. The bidder agrees further to the assessment of liquidated damages in the amount indicated in item 6 of the attachment for assignments that remain incomplete beyond the scheduled completion time. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the -following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 16 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, it Officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. L Kalifornia Labor is hereby' PRE AI y given that in accordance with the Pr�vislonsArticles 1 and 2, the Contractor is requiredltoon 2, Part 7, Chapter 1, pay not less than the 17 general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of pe. diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, an, are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the genera: prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices and the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to appl) to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ration of apprentices journeymen that will be used in performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show it is replacing at least 1/30 of its membership through apprenticeship training on a annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship 18 programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its brancr offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute Z legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him, or any subcontractor under him, upon an] of the work hereinbefore mentioned, for each calendar day during which saic laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by thi! contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or property resulting from defects or obstructions or from any cause whatsoever, excep, the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, 19 obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors wh are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgement rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising oui of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the Contractor hereunder, the Contractor agrees to pay City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees.. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such action or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated 1993. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least ten (10) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 20 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respectiv dates set forth opposite their signatures. State of California Contractor's License No. Date By: Title Title CITY OF DIAMOND BAR, CALIFORNIA APPROVED AS TO FORM By: Mayor City Attorney By: City Clerk Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time 21 REMOVAL OF GRAFFITI IN DIAMOND BAR - SPECIFICATIONS - I. OVERVIEW It is the current policy of the City Council of the City of Diamond Bar to have all graffiti removed on any property in Diamond Bar, at City expense, within 24 hours of its reporting. The current graffiti removal contractor is the Boys and Girls Club of San Gabriel Valley. Due to the recent increase in the amount of graffiti in Diamond Bar, the current contractor is having difficulty completing its assignments within the 24 hour deadline. Therefore, the City of Diamond Bar is seeking a contractor to supplement the existing contractor. It is estimated (but not guaranteed) that approximately 25% of the City's graffiti removal work will be assigned to the contractor secured from this bid process. II. STATISTICS Following are some statistics to assist in the completing of this bid. Additional statistical information may be obtained by calling Bob Rose, Community Services Director, at (909) 396-5694. Four Year History of Graffiti in Diamond Bar Fiscal # of Sites Total Average Sq. Year With Graffiti Sar. Footage Footage/Site 1989/90 130 10,462 80 1990/91 323 24,870 77 1991/92 530 43,197 82 1992193 $09 53,229 66 Totals 1,792 131,758 74 Most Recent Ouarter Completed # of Sites Total Average Sq. Month With Graffiti Ste. Footage EQQtMisite October 1992 109 10,582 97 November 1992 164 12,267 75 December 1992 280 17.280 b -Z Totals 553 40,129 73 22 III. TRENDS 1. The number of sites with graffiti has increased. 2. The average square footage per site has remained at or near the middle of 701s. IV. ADDITIONAL INFOR=ION 1. The largest single site documented was 940 sq. ft. 2. Several locations are documented in the 400-450 sq. ft. range. V. BID PRICES Bid prices are being sought on a per site/square footage basis, in three categories: 1. Small Site - 10 square feet or less Statistics on file in the Community Services Director's office show that 32% of the sites qualify as small sites 2. Medium Sites - 11 square feet to 150 square feet Statistics show 59% of sites are medium sites 3. Large Sites - 151 square feet and over Statistics show 9% of sites are large sites The bid requests unit cost for removal of graffiti on a per - site basis in the three categories described above. It then requests an extension of the per -site unit cost to an annual cost by using a number that represents the average number of sites requiring graffiti removal for that size category. The Sites -Per -Year Average was obtained by using the total of graffiti sites for the past three months (553), multiplying by 4 to represent an annual figure (2,212) and multiplying by 25%, the amount of work that is estimated to be assigned to the successful bidder (553). Statistics on file in the Community Services Director's office were used to calculate the percentage of sites in each size category. The statistics show a breakdown of size category as follows: Small Sites - 32% of sites (177 sites/year average) Medium Sites - 59% of sites (326 sites/year average) Large Sites - 9% of sites (50 sites/year average) • The total bid is the total of the three size categories plus the annual retainer costs, if any. The apparent low bidder 23 will be determined by comparing the Total Bid amount from each bidder. The City of Diamond Bar is experiencing a large increase in graffiti. City Council is considering many options to combat this problem. It is 'intended that the successful bidder be flexible and be responsive to future Council requests, such as, but not limited to, the following: 1. Public/Private Partnership - The City of Diamond Bar currently removes all graffiti in the City, on both public and private property at City expense. Due to rising costs, the City may change this policy. A service the City would retain as an option is to have the City's contractor respond to requests for graffiti removal from private property owners and bill the private property owner for the service at the same rates included in this bid (Additional retainer fees would not be required. The City's retainer fee, if any, would cover all private property owners in Diamond Bar.). 2. Community Service - Juvenile Courts sometimes sentence graffiti offenders to a number of hours of Community Service. If the City chooses to participate in this program in the future, it is expected that the graffiti removal contractor would accept court referrals for the purpose of graffiti removal. Y • 5 'i F114946) Y I N. A monthly summary of graffiti removal activity shall be submitted with the monthly statement for services rendered. The summary shall include: 1. Location of graffiti sites 2. Number of locations reported that month 3. Number of locations completed that month 4. Average response time 5. Average job size 6. Type of each location; ie. private, commercial, public or utility %I. STORAGE Storage of all materials and supplies is the responsibility of the contractor. The City has no storage space available for contractor supplies. 24 CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, #100 DIAMOND BAR CA 91765 BID PRICES FOR THE REMOVAL OF GRAFFITI IN DIAMOND BAR Name of Bidder (Company) By (Name) (Title) Bidder's Address City Zip _ Telephone # Fax # Date Planned Method (s) of Graffiti Removal. List all removal techniques that will be utilized to remove graffiti under the bid for the price listed below: Paint over with similar colors (light/dark) Paint over with matching colors (eyeball) Blend colors with computer, then paint over (high tech) High pressure water - Cold High Pressure Water - Hot (steam clean) Pre -treat with sacrificial coating, remove graffiti, then re -apply sacrificial coating Dry or Wet blast (i.e. sand, sponge, walnut shell, bicarbonate) Solvent or chemical remover Other removal techniques you plan to use (please list): **PLEASE NOTE - If City Council deems it in the best interest of the City, bid may be awarded solely on the basis of removal technique of contractor. 25 I. Monthly Retainer $ x 12 months = $ (If applicable - If not applicable, write in the word NONE) II. Small Sites $ per site x 177 sites/year average = $ (10 sq. ft. or less at site - 32% of sites are less than 10 sq. ft.) III. Medium Sites $ per site x 326 sites/year average = $ (11 sq. ft. to 150 sq. ft. at site - 59% of sites are 11 to 150 sq/ ft.) IV. Large Sites $ per site x 50 sites/year average = $_ (151 sq. ft. or over at site - 9% of sites are over 151 sq. ft.) - The largest single removal site has been 940 sq. ft. Total Hid (Annual Costs) _ $ SIGNATURE AND TITLE: The undersigned declares that he has read the terms and conditions for the goods or services listed herein and agrees to furnish to the City of Diamond Bar said requirements in strict conformity to the specifications thereto. Company Address By/Title Fax # (Authorized Signature) (Title) 26 arry Ar nt�CUOun a-kn AGENDA REPORT AGENDA NO. %, .4 TO: Terrence L. Belanger, City Manager MEETING DATE: January 19, 1993 REPORT DATE: January 19, 1993 FROM: George A. Wentz, Interim City Engineer TIME: Proposed Sewer Projects in "The Country" SUMMARY: To determine whether or not the City should proceed with formation of the sewer assessmei district for "The Country". RECOMMENDATION: That the City Council adopt Resolution No. 93 -XX and award a contract to Dwigl French and Associates, Inc. in an amount not to exceed $118,980 and authorize a contingency amount c $35,000 to address such issues as geotechnical review or other necessary contract changes that may b necessary from the City's perspective. LIST OF ATTACHMENTS:X Staff Report X Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specifications _ Other 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: 'Terrence L. Belanger City Manager 7 �1- Geo4e A. n Interim City Engineer CITY COUNCIL xJ�roRT AGENDA NO. NEETING DATE: January 19, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Proposed Sewer Project In "The Country" ISSUE STATEMENT Should the City proceed with formation of the sewer assessment district fol "The Country"? RECOMMENDATION That City Council take the following actions: 1. Adopt Resolution No. 93 -XX establishing the City of Diamond Bar'; intention to proceed with the formation of the sewer assessmen, district; and 2. Award a contract to Dwight French and Associates, Inc. in an amount no to exceed $118,980 and authorize a contingency amount of $35,000 t address such issues as geotechnical review or other necessary contrac changes that may be necessary from the City's perspective. FINANCIAL IMPACT The City will need to finance the proposed design effort pendir reimbursement from the district, once in place. These funds are availabl from the City's reserve account. A separate accounting is being maintained t track costs for the district. ACRGROUND At the meeting of December 15, 1992 the City Council established this date < the time and place to consider a Resolution of Intention to proceed with t2 formation of a sewer assessment district within "The Country". The propos< is to form a district to provide for the construction, maintenance ai funding of sanitary sewers for those homes presently on septic systems - 1 "The Country" sewer Project Page Two Resod ut i en of Tntent� clusion in a sewer being considered fo and nmaintenance concerns The portion of the Country health, safety assessment district is experiencing to Septic systems being inadequate ealth ff cershandle e and sewage due to existing P conditions. requirements. Several homes have been cited by department has expressed concern over the existing practical solution to correct the all current residences connect to the new a sanitaryy sewer sy The only stem which requires that al s sewer system when installed. hwa s Code, the City Chapter 3 of the Sits intention reets and to order the proposed Based on Division 12, ro osed Council must adopt a resolution declaringproposed provide In general, the resolution must describe the p P improvements•s specify disposed of improvement, p the outer boundaries how any excess wisament llsbeldisp P describe for the issuance of bonds, and include a brief statement of the at the completion of the ive bo y tosenter into an agreement with any intention of the legislative body The descriptions need to be sufficient tc public agency or public utility. the nature, location, and extent of t. enable the engineer to generally identify improvements and the location and extent of the assessment dist elinten1 the P resolution which compliesouncil withthe the Staff has prepared the appropriatethat the City proceed with th of the code and is recommending ro riate and resolution, matin n of the districtthey deem app P proposed form tb process- Within the resolution, person to whom the improvement is referre ved, The Resolution of Intention begins the p roved, a City Engineer is identified as the plution of Counci for preparation of the report. l the Reso and be broughtbackto the City „ ort" will be preparedon the report, a time and place will Engineers Rep passing propos( for consideration• public After hearing to hear any protests to the p P appointed for a improvements. m_ ;,,,P ��hedule aired to complete t Based on a review of have time schedule previous u d the ewo k schedule slightly project design effort, input from the residents and still assure thleti assure maximum time for inp possible since the time frame for comp process is not delayed. This is p B following i he four frame the design is four months from date eMet award - consult nt,ontY time reside aggressive but is one that will be fired within the code. St] attached schedule, it allows for significant interaction with e in addition to the Public Hearings which are and keeping the residents infori importance of working ro osed d' recognizes the imp months. The schedule as p P, as we proceed through the upcoming assure that we comply with amendments in the code for notificat requirements. "The Country" Sever Project Page Three Staff has also been in contact with the County Health Departmei representatives to establish whether they would recommend the proceedings 1 construct sanitary sewers as a necessary health measure. As of this date 1 have had several telephone conversations with representatives from the Couni and they have indicated that they will meet and discuss their position wii us in providing such a recommendation. Environmental Review Staff recommends that a negative declaration be processed through tY Community Development Department. Although the project may be categorical] exempt, staff believes that the project would best be served by processir the negative declaration. Award of Design Consultant Contract In response to the City's request for proposal (RFP) for sewer desig services, a total of eight (8) engineering proposals were received. selection committee which consisted of Mayor Gary Miller; City Manager Terrence L. Belanger; Senior Engineer, David G. Liu, and General Manager a "The Country", Jim Gardner reviewed and ranked the eight (8) proposal submitted as follows: Rank 1. Dwight French and Associates 1 2. J.F. Davidson Associates, Inc. 2 3. Boyle Engineering Corporation 3 4. Psomas and Associates 4 5. Perliter and Ingalsbe Consulting Engineers 5 6. The Keith Companies 6 7. Donald R. Howard Consulting Engineers, Inc. 7 8. VTN West, Inc. 8 A short-list of the top four (4) firms were invited to interview and be further considered by the selection committee. On January 13, 1993, the selection committee, along with Interim City Engineer, George A. Wentz as ar observer, conducted the interviews with each of the four consultants. Evaluation/ criteria based on demonstrated ability in all phases of similar sewer projects, experience and qualifications of the team member, clarify and content of oral presentation, knowledge of local condition and demonstrated interest by the consultants were utilized. 3 "The Country's Sewer Project Page Four Based upon their presentation and proposal, the selection committee believe that the scope of work and related service, from Dwight French and Associate represent the best choice. Psomas and Associates was ranked as the next mo; qualified consultant based upon a very good presentation at the interviel Following that determination, staff then opened the sealed cost proposa: from the four top firms before the selection committee. Proposed fees f( the scope of work proposed for completion are: DFA $118,980 Psomas $123,000 Design will be completed within four (4) months from the Notice to Proceec Based upon the quality of proposal, interview and final cost, the selectic committee recommends awarding the design service to Dwight French ar Associates, Inc. Prepared by: 4 RESOLUTION XX -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING; INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, RESOLVE AND ORDER that: CALIFORNIA, DOES 1• The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913"), to order the installation of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 1 (THE COUNTRY) (hereinafter referred to as the "Assessment District"). DESCRIPTION pg IMPROVFIYtgNTS A. The financing of certain public improvements described as the construction of sanitary sewers, including the acquisition of right-of-way and easements necessary in connection with such improvements and all appurtenant structures or facilities to serve and benefit properties located within the boundaries of the Assessment District. B. Said streets, rights-of-way and easements shall be shown upon the plans associated with these proceedings. C. All of said work and improvements are to be installed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the final plans, profiles and specifications to be made therefor, as hereinafter provided. D. The description of the improvements and the termini Of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the 1 work shall be contained on the final plans as contained in s Neto n the thecorrectand shall be detailed controlling a description thereof. DESGRT T� TON OF A8888SMENT DISTINCT 2. That said improvements and work are of direct benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay all costs and expenses thereof, including incidental expenses and costs and which is described as follows: All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improvements in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 1, and which map was heretofore approved and which said map or diagram is on file with the documentation of these proceedings, EXCEPTING therefrom the area shown within and delineated upon said map o plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved and on file. REPORT OF E1idINSER 3. That this proposed improvement is hereby referred to the City Engineer, for the City of Diamond Bar, who is hereby directed to file the report in writing containing the following: A. Plans and specifications of the proposed improvements; sufficient to describe the general nature, location and extent of the improvements. B. An estimate of the cost of the proposed works of improvement, including the cost of the incidental expenses in connection therewith; C. A diagram showing the Assessment District above referred to, which shall also show the boundaries 2 and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Reso- lution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be installed under these proceedings, and acquisition, where necessary. F. An identification of the proposed maximum annual assessment upon each of the several divisions of land to pay costs incurred by the City which result from the administration and collection of assessments or bonds and other related costs. When any portion or percentage of the cost and expenses of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said work and improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D of this Section. BONDS 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act of 1916", being Division 10 of the Streets and Highways Code of the State of California, which bonds shall mature a maximum of and not to exceed FOURTEEN (14) YEARS. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced by the Treasurer or designated Paying Agent. 3 u FtavNDINa these proceedings and Any bonds issued pursuant to Division (a) may be refunded, (b) the interest rate on te as said bonds shall not exceed the maximum interest rater ofayears authorized for these proceedings, number as to maturity shall not exceed the maximum public hearing is authorized for these bonds unless to said Division expressly held as authorized pursuant 11.5, and (c) any adjustments in assessments resulting from any refundings will be done on a pro -rata pny authorized refunding shall be pursuant to the above d and pursuant to the provisions conditions, Highways restrictions of Division 11 California, the with Section Code of the State of 9500. rii1NT.,T�ar T�ROVF��`-T• �c�T OF 1913.E 5, That excep at s herein otherwise provided for the issuance l be made and of bonds, all of said improvements sof l the Municipal ordered pursuant to the provisionsof the being Improvement Act of 1913", Division 12 Streets and Highways Code of the State of California. _SURX IIS FUNpB_ amounts as the legislative body 6. That if any excess shsucri a realized from the assessofe law it shall be used, in provisions may determine, in accordance with thepro for one or more of the following purposes: general fund; provided that the A. Transfer to the g or five amount of any such transfer shal.00)Ceed the lesser of one Thousand Dollars ($1,000 percent (5%) of the total from the Improvement Fund; credit upon the assessment and any B. As a supplemental assessment; C. For the maintenance of the improvement; or D. To call bonds. n�anTaT. �'tjND establishes a special 7. The legislative body hereby the name of improvement fund identifie and dinto lsaid eFund monies maY this Assessment any time to expedite the making of the be transferred at any 4 improvements herein authorized, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. PRIVATE CONTRACT 8. Notice is hereby given that the public interest will not be served by allowing the property owners to take the contract for the installation of the improvements included as part of the final plans and specifications, and that, as authorized by law, no notice of award of contract shall be published. PROCENTINOf2 I pyni$s 9. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: George A. Wentz City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 Telephone: (909) 396-5671 pupLIC PROPERTY 10. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. ACQUISITION 11. That the public interest, convenience and necessity requires that certain land, rights-of-way or easements abe obtained in order to allow the works of improvement as proposed for this Assessment District to be accom- plished. The Engineer's "Report", upon adoption, shall set forth a general description of the location and extent of easements and/or land necessary to be acquired. NO CITY LIABILITY 12. This legislative body hereby further declares not to obligate itself to advance available funds from the Treasury to cure any deficiency which may occur in the bond redemption fund. This determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways Code of the State of California, and 5 said determination shall further be set forth in the text of the bonds issued pursuant to the "Improvement Bond Act of 1915". WORK ON PRIVATE PROPERTY 13. If it is hereby further determined to be in the best public interest and convenience and more economical to do certain work on private property to eliminate any disparity in level or size between the improvements and the private property. The actual cost of such work is to be added to the assessment on the lot on which the work is done, and no work of this nature is to be performed until the written consent of the property owner is first obtained. ANNUAL ADMINISTRATIVE ASSESSMENT 14. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve of other related funds. UTILITY IMPROVEMENTS 15. This legislative body further proposes to enter into Agreements with Los Angeles County Public Works and/or Los Angeles County Sanitation District, said Agreements setting forth certain terms and conditions relating to the construction and/or maintenance of the improvements associated with the assessment district, as well as the ownership, management and control of said improvements. A copy of said Agreements shall be, upon approval, on file in the office of the City Clerk. The City clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. 1993. PASSED, ADOPTED AND APPROVED this day of 11 Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: , 1993, ATTEST: City Clerk of the City of Diamond Bar LB:9r04i92 7 "PROPOSED BOUNDARIES z OF ASSESSMENT ' ' , a SCALE - e°° 44 45 7 DISTRICT NO. 1 " 46 ¢7 4- e 10 5 51 49 S3 54 93 92 CITY OF DIAMOND BAR W O R K S C H E D U L E P R O P O S E D S E W E R D I S T R I C T **************************** TARGET COMPLETE DATE TASK PRESENT PLAN AND SCHEDULE DECEMBER, 1992 I. TO CITY COUNCIL JANUARY 19, 1993 BIDS 2. FAWARDSIGN FLSEWERSAND COUNCIL MEETNTENTOION CONSIDER JANUARY 19, 1993 3.. CITY A RESOLUTION OF I COMPLETE AND VERIFY PETITION MARCH 16, 1993 4. EPORT PSUGEERS RCOUNCIL MARCH 16, 1993 5. ANDBMITTOCITY PUBLIC WORKSHOP/TOWNHALL* APRIL 6, 1993 6. HOLD ING MAY 4, 1993 7. HOLDREPORT RESOLUTION/ENGINEERSR ON COMPLETE SEWER DESIGN JULY 1993 8. BIDS ON CONSTRUCTION AUGUST 1993 9. CALL FOR SEPTEMBER 1993 10. PREPARE BILLS AND ASSESSMENTS OCTOBER 1993 11. ISSUE BONDS ISSUE NOTICE TO PROCEED WITH OCTOBER 1993 12. CONSTRUCTION APRIL 1994 13. PROJECT CONSTRUCTION HE itSEVERAL LOCAL MEETINGS WILL BE THEM INVORLVED IN IESIDTSTHE PROCESSTO DISCUSSTIN PROJECT AND OR DESIGN AND HAVE ADDITION TO THE REQUIRED MEETINGS. Prepared: 1-14-93 AGENDA ITEM NO.7.2 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA NO. }4_ AGENDA REPORT Honorable Mayor and Members of the City Council DATE: January 15, 1993 TO: Januazy 19, 1993 MEETING DATE: er, Cit Manager FROM: Terrence L. Belang y TITLE: Establishment of an Economic Development Strategic Task Force fourth year of existence as an lesion of its fourth year, commencing in SUMMARY: The City of Diamond Bar ison thetthre old from the comp ,tithreshold of cng its ou y incorporated city. When the City crosses over its fifth year of existence, it will confront a series of extremely difficult economic realities. •on was Y population For example, at incorporation the City,s PoP The economic realities confronting the City are varied• urpora was actually closer to 53,500. the 1990 Census indicated that the City's pop purposes; deemed to be 74,115. However, population estimate for State revenue subvention Under the law, the City has had the benefit of its initial pop nth fiscal year of existence (FY 1996). What this mean s to thet City cri?tis isentitledd,Bar iat the and will through its seventh Yes to the Diamond after fiscal year 1996, the State will then subv n o annual revenuoni e, m the hundreds thousands of dollars. lower population rate. This will result in a to from local g ificall It economic realities that confront the City of Diamond Bar is that the v governtate of ments; California y' Another of the difficult away property tax revenue adopted a policy balancing its budget by taking y P t e Y special districts. The property tax is the historical revenue foundation f the Clity of Diamond Bar's n which cities have cities, counties, and p� in order to attempt to balance its budget, Governor to be built. Last year, the State, the y resented budget message, property tax away and retained it to balance thStattee s budget. In es for local govern Bents of approximately 2.3 billion dollars. Wilson proposed a further reduction in property Cit of Diamond Bar is that the 000) City could lose an additional half -million Dimo nolla Barss(fiscaal� y� What this means to the City to put the $500,000 amount in perspective. Th Y tax revenue woulc in property tax. It's impo Reduction of property 1992-93 budget has an estimated annualized reserve of about $500,000• result in a reduction in City services. the harsh effects of th problems enough. However, they are exacerbated by These above -stated difficulties are general down -turn in sale y, the dowt California recession on the local Diamond Bar business of reducednconsumer demity. There aand but, more tragic, activities businessE activities within the City of Diamond Bar ss s re ss of 'obs to Diamond Bar residents as a rest turn has caused the closure of many businesses throughout the City of Diamond Bar. The closure oft e affected the City in two very serious ways. First, there has been a of closure of businesses. Also, the City of Diamond Bar has lost sales tax rec nuecultiesresult of reduced busine activity. Again, all sectors of the community are affected by these economic California, the City of Diamo of Finally, as a result of the general down -turn in business to theanvestmen of development ctivity with"' the State monies in commercial es and reduc Bar has suffered its own mini -recession as relate reducing opportunities commercial office development. This lack of investment realitias the es are hawing their disadvantageous affect on the peo available revenues to the City. While these economicfacilities, such as parks, community buildin urtb community, and the City organization, the rising demand and cost for services has not community of the com Y there is a continuing demand for additional and expanded municipal traffic signals, and more. completely explore, plan, and implement a diverse mix of the revenue of Diamonds Bari is alre There is a need to p example, the majority of land within the incorporated boundaries within developed in some fashion, it is now imperative that the city ucvcivp 3U4Uc6lc3 rvr L11G %U%eaLIVII Vf VAV,. development opportunities on the precious land resources available. At the same time, it is critically importan strategies to the attraction and retention of businesses to those commercial areas that are already developed v the City of Diamond Bar be an essential part of an economic development strategic plan. Therefore, it is imp that the City of Diamond Bar expand and accelerate its efforts in the area of economic development plannin, implementation with the retention of consultants, establishment of a Blue Ribbon Economic Development Str. Plan Task Force and a community Economic Development Strategic Plan concept and scoping workshop. The process by which the Economic Development Strategic Development Plan is prepared is critical to the ult effective implementation of the Plan's strategies. What follows is an outline of staffs recommendation rely the preparation of an Economic Development Strategy Plan. RECOMMENDATION: 1. It is recommended that the City retain a consultant, or consultants, that have expertise and experience in a v of disciplines: land -use strategies, real estate market research, economics, etc. The consultants must have expej and expertise in developing economic development strategic plans for cities. In all likelihood the Strategic consultants will actually be comprised of several consultants representing specific disciplines with a lead cons responsible for the overall work of the consultants. Staff will develop a Request For Proposal for such a consull 2. It is recommended the City Council appoint a Blue Ribbon Economic Development Task Force. The Forces' responsibilities would be to provide advice to the consultants related to the preparation and complet an Economic Strategic Plan. 3. It is recommended that, prior to the commencing of the responsibilities of the consultant and Blue Ribbon Force, an economic development strategic plan concept and scoping workshop be held to receive input from as a cross-section of the community as possible. It is recommended that a wide -range of community residents, bu owners, property owners, organization representatives, and other representatives of groups and organization volunteers from the community be invited to participate in the concept/scoping workshop. The ideas, comr thoughts, and suggestions that result from the activities of the workshop will become a part of the strategic discussion -points, for which the consultants and Blue Ribbon Economic Development Strategic Plan Task For responsible. PREPARED BY: Terren L. BelanVW City Manager AGENDA ITEM NO, 8.1 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: January 19, 1993 REPORT DATE: January 13, 1993 FROM: Bob Rose, Director of Community Services TITLE: Environmental Enhancement Project Materials Installation Agreement With The Califor Conservation Corps (C.C.C.) SUMMARY: The State Office of the California Conservation Corps has evaluated the Environmer Enhancement and Mitigation Project and has approved the participation of the Pomona Service District of C.C.C. to install irrigation and planting materials for a total cost not to exceed $150,144. The C.C.C. i non-profit agency that provides meaningful job training to young adults. Its involvement in this project bene the Diamond Bar community by offering its cost effective labor force to complete this labor intensive tas RECOMMENDATION: It is recommended that the City Council approve the Environmental Enhancem Project Materials Installation Agreement with the California Conservation Corps in an amount not to =4 $150,144 and authorize the City Manager, or his designee, to sign the agreement. LIST OF ATTACHMENTS:X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's Offi _ Ordinances(s) _other X 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: _ R1.VIEWED B errence L. Belanger Bob Rose City Manager Director of Community Services CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 19, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Environmental Enhancement Project Materials Installati Agreement With The California Conservation Corps ISSUE STATEMENT The City of Diamond Bar was awarded an Environmental Enhancement a Mitigation Grand totalling $563,000 by the State of California to insta irrigation and plant 5,500 trees along Route 60 Freeway. The State Office the California Conservation Corps has approved the participation of t Pomona Service District to install the irrigation and planting materials f this project. Expected cost of this agreement is $125,120 for the requir installation of materials plus a 20% contingency fund of $25,024 for tot cost not to exceed $150,144. RECOMMENDATION It is recommended that the City Council approve the Environmental Enhancemei Project Materials Installation Agreement with the California Conservatil Corps in an amount not to exceed $150,144 and authorize the City Manager, his designee, to sign the agreement. FINANCIAL SUMMARY Total amount budgeted in the grant for the purchase and installation irrigation and planting materials is $432,000. The materials contract h� been awarded to Marina Contractors in the amount of $204,699.02 That leav( available funds in the budget for installation of materials totalliz $227,300.98. The proposed agreement with the California Conservation Corl has a total cost not to exceed $150,144, well within the budget amouz available. All costs incurred by the City of Diamond Bar with respect t this grant are reimbursed by the State of California on a monthly basis. BACKGROUND/DISCUSSION On April 7, 1992, City Council authorized the City of Diamond Bar to ente into an agreement with CALTRANS, Local Streets and Roads Branch, for th Environmental Enhancement and Mitigation Program. The City of Diamond Be was awarded a grant totalling $563,000 for the installation of an irrigatic system and the planting of 5,500 trees along Route 60 Freeway. The origina concept of this project, and a basis for the level of funding sought in th grant, was to have the installation completed by the non-profit Californi Conservation Corps (C.C.C.). The C.C.C. provides meaningful job training t young adults 18 to 23 years of age and its involvement in this projec benefits the community by offering its cost effective labor force to complet this labor intensive task. 1 Page Two Environmental Enhancement Project January 13, 1993 This planting and irrigation project will include the planting of 162 tre in Peterson Park, many of which will grow to create a screening effe between the park and the 60 Freeway. The remainder of the trees will planted between Grand Avenue and Route 71 Highway, in the Route 60 Freew right-of-way. Purchase and installation of materials, two-year pla establishment period and tree replacement contingency is included in t grant. After plant establishment, CALTRANS will maintain all materials the freeway right-of-way. Materials at Peterson Park will be maintained the City of Diamond Bar. All costs incurred by the City of Diamond Bar with respect to this grant a reimbursed by the State of California on a monthly basis. Prepared By: Bob Rose Director of Community Services �A STATE CIF CAL1F011N1A-.*E30Ul1 CES AGENCY CALIFORNIA CONSERVATION ieCOPi -1 A.,,,.,.. S_,__ft, CA vase. CORPS i "Ig3 GIC*C* OWKMEIIAN, SPONSOR This agreement is made and entered into b and O� AGREEMENT referred to as "CCC Y between the California Conservation Corps- State of California, hereinaf (Sponsor's Name) hereinafter called "Sponsor." WHEREAS, the CCC wishes to California throw h a Provide training in job skills and environmental education to g program which includes projects in Public WHEREAS, the Sponsor can P . service conservation work, and Young men and women Provide °PPortuni'is@ for public WHEREAS, the Sponsor shall �`nce through meaningful and WHEREAS Provide oPP°rtUnities for public use of project Productive work projects, an the .CCC shall generally be Engaged was. and important lands and water g gad in Projects which and Preserve. maintain and enhance environmentally WHEREAS, the CCC shall accomplish WHEREAS, the CCC may execute useful and needed Public works projects in both urban and rural areas, and any local or statewide private Organization for furnishing the services olthe Co WHEREAS. gaatioa soncerned� the ob' � to any federal, state, or local agency and the CCC may be reimbursed b lscfivq of the Corps, and organisation for actual e: Y the federal Pensee incurred by the Co government, any state or local NOW THEREFORE, in consideration of the above, � for any ps,pj� public agency, or any private A. The Sponsor ahall submit project parties hso°tO a� as follows: subsequently approved by the proPosaL on a form Provided b Director, CCC. Sponsor agrees to CCC.13y so doing. with reference to any such proposal, 1. Pay for all costa directly relabel to and n _ labor on such projects, In the er ensstbted by Ash 2 Demonstrate availability sot that �mburssmpit is reg so ' This � ,lade, but not be limited to, M nburseinent for CCC Demons thty of ad documentation adequate technical suPsn'isioa and any Pians ands tion will be necessary 3. Ob Y special labor specifications, an s, sutl'ielent funds, materials, su Iain the approvalsandpesmit. roqutrements to tom PPliea, and p operation of such roquired by an plats such Ptojsct equipment Projects, Yotherstab, federal, orlocal agency necessary to commenceconstruc>aon or �. Obtain any clearer Participationcgs and meet any other of the CCC in suchProjects. ro requirements of 5. When n P f trade unions or other la bor hour's d necessary, Provide aceptabls temporary °tea lions occasioned by the `'tag time from a CCC b Uving facilities for the duration of any such s• Hold an orientation m base aA for CCC personnel actually safer meeting with y Oftaged in w Projects located more than one 7, y c"Giderationa, and anY other as� noel at the eommslApms� working on such Projects. Present or arrange for an a nay for aucawful execution Projects to explain the technical Presentation dditional sdueationa! o! such Projects. soPecb, similar Projects have emphasis on the hie Pram ortrai • relations hi of such �' of the project site sr "Opportunity at the CCC base B The CCC shall select , P Proje� to rwou area. the public benefit to be btorprfrom site. This from proposals submittsd b or wildlife management, or similar sub ecti from this or a CCC, u well as meeting the l Y the Sponsor. tholeprojects any special requirements o nditiona andated criteria. Ths CCC shall submit to thea priorities ming the and resources of the he approved by Sponsor.the �aeionsd thmb . Ponsor, evaluations setting forth hour's driving time by two•w CCC asraw to provide all labor doing, reference to an Coordinator d heel drive vehicle from the nearestY such evaluation, •cord nce w be available U CCC bae� an with transportation (if within one scheduled in accordance with the prioritised receipt of 8 �)• f°od and such tools as the CCC Project Pottsor's acceptance of such evaluations, projects will be C. In accordance �Op� of the CCC. with Public for 14304 of the Public Resources oPP°rtunities the public for the eves Code, CCC while at the same time use of these natural Projects shall be basic skills. Providing Young men and woman cu and ��nmentall ha directed toward providing projects ,hal) be undertaken in °pteA �� as oPPortuai Y PO�t Public lands and waters, environmental and natural resourn bensilts both urban and rural opportunity for Personal develo training value of each, pch otters, the o ar*" and shall be SelectedPment in a variety of Pportunitkw for Public use °A the basis of the each offers. CCC 96 (4/83) and the on-the-job D. The Sponsor recognizes that the CCC exists under a legislative mandate to act under the direction and control of the St Office of Emergency Services, Department of Forestry and other agencies to assist the People of the State of CaliforniE times of emergencies arising from fire, flood, wind, and other natural or man -caused disasters and emergencies. Projects will be performed within the rules and regulations of the CCC, which may require temporary suspension permanent cessation of projects due to emergency conditions as defined by such rules and regulations. The Sponsor further recognizes that the resources of the CCC are limited, and the public service conservation work of t CCC may be altered in priority from time to time. The parties agree that delays by either party shall be excused incurring such costs. and costscaused by such delays shall be borne b the a Y par, Sponsors contracting with the CCC for emergency services may be required to reimburse exceptional costs; e.g., overtim E. Work performed under this agreement will be under the immediate supervision of the CCC officials. The s provide such supervision, technical assistance the work, , guidance and ins sponsor wi pection as it considers necessary to properly complet F. All improvements constructed in whole or in part on lands owned or controlled by Sponsor will remain thero e Sponsor. P p rty of th G. Permission to camp and perform work on lands owned or controlled by Sponsor does not in any way conveyto th staff, m any person or persons working with the CCC in the performance of said work, employee status th t to them the benefits afforded to e CCC, iii Permanent empJo of Yeas Sponsor. a wouldextenc H. Upon completion of each project, or any phase thereof, permission is hereby granted to the CCC to place upon the project site a sign or emblem, consistent in size and design to its surroundings, indicating the participation of the CCC and the Year thereof. I. The CCC and Sponsor each agree to indemnify and hold harmless the other, its officers, agents and employees from all claims, demands of liability caused by the indemnifying party during or after completion of the project. J. Neither party may assign this contract or any interest therein without the written consent of the other party. K. All contracts relating to the construction oro Project, shall contain a clause Prohibiting Priam n of the project, including those executes following completion of the work or project o g domination against any employee or employee applicant engaged in project A ) Aeration, all the basis a not, religion, sex, color, ancestry, age, physical handicap or national origin. Such clause shall include aU aspects of easp]Oye�ployee and em to er-em to es L. Subject to the provisions herein, all remedies p y p y applicant relations. Any waiver of rights by either art _ meowed by law are available to either party forenforcement of this contract. matter relating to this contract y ° any matter elating to this contract shall not be deemed to be a waiver on any other M. If any part of this contract is found to be invalid the remainder of the contract shall continue in effect. N. This contract may be modified by mutual written agreement of the parties. O. This agreement shall remain in effect unless terminated upon sixty (60) days written notice from either party to the other. P. No member of, or delegate to, Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend this agreemen t if made with a corporation for its general benefit, (Applicable only if S IN WITNESS WHEREOF, the ponsorisanagencyoftheUnited States Government). parties have agreed to the conditions of this Agreement as of the last date written below. Date: JANUARY 8 1993 Sponsor: CITY OF DIAMOND BAR � ion* )(By: BOB ROSE Title: PARKS AND RECREATION DIRECTOR Address: 21660 E.COPLEY DR.SUITE 1 00 DIAMOND BAR, CA. 91765 Date: STATE OF CALIFORNIA California Conservation Corps By: Title: Agreement * CCC Project # R 93-2220 SPONSOR AGREEMENT (Addendum to CCC 96) (for use with reimbursable projects) A. The California Conservation Corps, hereinafter referred to as CCC, agrees to provide crew(s) to perform (reference Evaluation Form CCC 58, for complete project details): PLANT APPROXIMATELY 5,500 TREES AND INSTALL IRRIGATION SYSTEM. WORK WILL BE DONE ALONG ROUTE 60 FREEWAY AND IN PETERSON PARK. u:e additional sheets if necessar B. In consideration of the above directed work sponsor agrees to reimburse the CCC for (type of reimbursement: equipment/ materials, extraordinary changes): LABOR ONLY C. The total amount payable by sponsor to CCC under this agreement shall not exceed S 150,144 The CCC shall forward to Sponsor supporting documentation, alon with billing performed. Sponsor agrees to pay CCC within 60 days of presentation of bill. Pa menta to to substantiate the CCC shall be to: California Conservation Corps, 1530 Capitol Avenue, Sacramento, CA 93814, Attention: Accounting officeforw. Date: JANUARY__5, 1993 Sponsor: CITY OF DIAMIND BAR f�viw..lMwrcrl )(By: Title: PARKS AND RECREATION DIRECTOR Address: _21660 F. COPI.FY DR SUITE 100 DIAMOND BAR, CA. 91765 ccc 9s. (1 /sa) Date: STATE OF CALIFORNIA California Conservation Corps By: Title: CCC FISCAL DISPLAY INTERAGENCY AGREEMENT NUMBER: PROJECT NUMBER: --193-2220 FY 91/92 Performance Based S Equipment (Items $500 or more) Tools Materials Food and Lodging $ CM Labor $ /Hr $ Staff O.T. $ /Hr $ Consulting Services $ Processing Fee (See Policy Statement $_ 585/149) $ $ g Other (See Instructions on Reverse of 96A) $ FY 92/93 Performance Based $ Equipment (Items $500 $ or more) CM Labor $11.501H _ $_150,144 Tools $ Staff O.T. $ At $ --- Materials $ Consulting Services $ Food and Lodging g Processing Fee (See Policy Statement $_ Other (See g 585/149) $ Instructions on g 585/149) Reverse of 96A) $ FY 93/94 Performance Based7T7Equipment (items $500 $ or more)CM Labor S_�ITools Staff O.T. S�� $ Materials Consulting Services $ Food and Lodging g Processing Fee (See Policy Statement $ Other (See 585/149) Instructions on $ Reverse of 96A) City of Diamond Bar Meeting Agenda For January 19, 1993 1. CLOSED SESSION: 5:00 P.M. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 2. CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR MILLER INVOCATION: REV. STEVE BERGER Calvary Chapel of Diamond Bar. COUNCILMEN MACBRIDE, FORBING, WERNER, MAYOR PRO TEM PAPEN, MAYOR MILLER 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. CONSENT CALENDAR: 5.1 SCHEDULE OF FUTURE EVENTS: 01/12/93 Page: 1 5.1.1 PLANNING COMMISSION - JANUARY 25, 1993 - 7:00 P.M. AQMD Auditorium, 21865 E. Copley Dr. 5.1.2 PARKS & RECREATION COMMISSION - JANUARY 28, 1993 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.3 CITY COUNCIL MEETING - FEBRUARY 2, 1993 - 6:00 P.M AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES: 5.2.1 REGULAR MEETING OF DECEMBER 15, 1992 5.2.2 REGULAR MEETING OF JANUARY 5, 1993 5.3 WARRANT REGISTER - APPROVE WARRANT REGISTER DATED January 19, 1993 in the amount of $ 5.4 TREASURER'S REPORT - RECEIVE & FILE TREASURER'S Report for the Month of December, 1992. �.5 CLAIM FOR DAMAGES - FILED BY AMADO SAUCEDO, November 13, 1992. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 5.6 BOND EXONERATION - Recommended Action: City of Diamond Bar 01/12/93 Meeting Agenda For Page: 2 January 19, 1993 7 NOTICE F COMPLET - REE P 'ipTG - Art' t' Lands e - Bo Ros Reco en ction: 5.8 PROPOSTION A LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1992 AND 1991 - The City's Proposition a Local Return (Prop A) and Transprotation Development Act Funds (TDA) are required to be audited on an annual basis. The audit for fiscal year ended June 30, 1992 was completed in October 1992 by Simpson & Simpson, C.P.A. Recommended Action: Receive, accept and file Proposition a Local Return Fund and Transportation Development Act Fund Audit Reports for fiscal year ending June 30, 1992 and 1991. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES ETC. 7. X6.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR JOINING WITH THE LOS ANGELES CITY COMMISSION ON THE STATUS OF WOMEN IN CONDEMNING THE TORTURE OF BOSNIAN WOMEN AND SUPPORTING THE GOALS OF THE WOMEN'S COALITION TO END THIS PHYSICAL AND PSYCHOLOGICAL ABUSE,ua Recommended Action: Adopt Resolution No. 93 -XX... OLD BUSINESS: 7.1 �"�✓ I P -4a -p 9. q3 -- 7.1 RESOLUTION OF INTENTION TO PROCEED WITH SEWER DISTRICT IN "THE COUNTRY" - George Recommended Action: 7.2 INTEGRATED WASTE MANAGEMENT FUND - PROPOSED FISCAL YEAR 1992-93 BUDGET AMENDMENT - Continued from January 5, 1993. Recommended Action: 7 3 POLIC FOR FUNDING FFI SIGNALS PRI TE & P ISTREET IERSECTIS - Ctinued 19 O 9 ed bion: 7.4 ECONOMIC DEVELOPMENT - TERRY Recommmended Action: 20, City of Diamond Bar 01/12/93 Meeting Agenda For Page: 3 January 19, 1993 REPORT FROM SHERIFF RE GRAFFITI PROGRAMS - Recommended Action: GRAFFITI REMOVAL BID - /Qq t Recommended Action: 8. NEW BUSINESS: 8.1 APPOINTMENT OF PARKS & RECREATION COMMISSIONER - Due to the resignation of Lydia Plunk a vacancy exists. 8.2 CONTRACT WITH CALIFORNIA CONSERVATION CORPS X00 Recommended Action: 9. ANNOUNCEMENTS: 10. ADJOURNMENT: