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HomeMy WebLinkAbout07/06/1993CITY C 0 U N CIL 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 DistuctAuditonum 218155 East Copley Drive MEETING DATE: July 6, 1993 Terrence L. Belanger City Manager Andrew V. Arczynski City Attorney MEETINGTIME: closed Session - 5:00 p.m. Lynda Burgess Regular Session - 6:00 p.m. City Clerk Qpies Ofstaff. or other written documentation relating to each item re#errct to on this;agenda are on file �n the office of the City Cler[E and are'avamable wr;lpubiidinspectqi �On If you have questions regarding an agenda item, pease contact the City Clerk at 909V 860 948%4uring business hours. The City of Diamond Bar uses RECYCLED paper and encourages you to do the same. 1. 2. 3. THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. Next Resolution No.93-54 Next Ordinance No. 04(1993) CLOSED SESSION 5:00 p.m. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Miller INVOCATION: Pastor Robert Clayton, Diamond Bar Worship Center ROLL CALL: Councilmen MacBride, Forbing, Werner, Mayor Pro Tem Papen, Mayor Miller SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3.1 Proclaiming July, 1993 AS "PARKS AND RECREATION MONTH" Parks & Recreation Commission Chairman David Schey to accept. 3.2 Dr. David Bourne, representing Lanterman Development Center, will make a verbal presentation regarding the City of Industry's MRF. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Concert in the Park - July 7, 1993 - 6:30 to 8:00 p.m. - "Kelly Rae and Cadillac Blue" Country Western - Sycamore Canyon Park, 22930 Golden Springs Dr. 4.2 Planning Commission - July 12, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.3 Nomination Period for City Council Vacancies - July 12, 1993 - 8:00 a.m., City Hall, 21660 E. Copley Dr. 4.4 Concert in the Park - July 14, 1993 - 6:30 to 8:00 P.M. - "Mid -West Coast Band" Top 40 Contemporary - Sycamore Canyon Park, 22930 Golden Springs Dr. 4.5 Traffic & Transportation Commission - July 15, 1993 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.6 City Council Meeting - July 20, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.7 Concert in the Park - July 21, 1993 - 6:30 to 8:00 p.m. - "Mike Gealer & Euphoria" Contemporary Jazz - Sycamore Canyon Park, 22930 Golden Springs Dr. 5. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this JULY 6, 1993 PAGE 2 6. COUNCIL COMMENTS: Items raised by individual Councilmembers are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 7. CONSENT CALENDAR: 6:45 p.m. or earlier. The following items listed on the Consent Calendar are considered routine and are approved by a single motion. 7.1 APPROVAL OF MINUTES: 7.1.1 Regular Meeting of June 1, 1993 - Approve as submitted. 7.1.2 Adjourned Regular Meeting of June 9, 1993 - Gen Plan Pub. Hear. - Approve as submitted. 7.1.3 Regular Meeting of June 15, 1993 - Approve as submitted. 7.1.4 Adjourned Regular Meeting of June 16, 1993 - Gen. Plan Pub. Hear. - Approve as submitted. 7.2 WARRANT REGISTER - Approve Warrant Register dated July 6, 1993 in the amount of $784.439.79. 7.3 TREASURER'S REPORT - Receive & File Treasurer's Report for the month of May, 1993. 7.4 CLAIM FOR DAMAGES: 7.4.1 Filed by Allstate Insurance Company June 1, 1993. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 7.4.2 Filed by Fernando Diaz June 7, 1993. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 7.4.3 Filed by Miguel A. Ramos and Judith R. Martinez June 7, 1993 - Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 7.5 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY - Submitted for Council's review and approval is the Proposed Investment Policy for Fiscal Year 1993-94. Recommended Action: Adopt Resolution No. 93 -XX adopting the Investment Policy for FY 93-94. JULY 6, 1993 PAGE 3 7.6 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR LIGHTING OF SPORTS FIELDS AT PETERSON PARK - Prior to spending any of discretionary funds allocated to the City from the Safe Parks Act (Prop. A), a resolution and application are required. The 1993-94 adopted City budget includes $140,000 in Prop. A funding for lighting of the sports fields at Peterson Park. All expenses incurred by the City with regard to this project are reimbursed by L.A. County. Recommended Action: Adopt Resolution No. 93 -XX approving the application for grant funds from the Los Angeles Regional Park & Open Space District per parcel discre- tionary grant program for lighting of sports fields at Peterson Park. 7.7 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE DESIGN AND DEVELOPMENT OF PANTERA PARK - Prior to spending any of the specified project funds allocated to the City from the Safe Parks Act (Prop. A), a resolution and application are required. The 1993-94 adopted City budget includes $1.47 million in Prop. A funding for the design and development of Pantera Park. All expenses incurred by the City with regard to this project are reimbursed by L.A. County. Recommended Action: Adopt Resolution No. 93 -XX approving the application for grant funds from the Los Angeles Regional Park & Open Space District specified project grant program for the design and development of Pantera Park. 8. PUBLIC HEARINGS: will begin precisely at 7:00 p.m. 8.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY OF DIAMOND BAR TO BE IN COMPLIANCE WITH THE 1992 CONGESTION MANAGEMENT PROGRAM (CMP) AND APPROVING THE CMP CONFORMANCE CHECKLIST - State statute requires that local jurisdictions adopt a resolution by August each year certifying conformance with the Congestion Management Program (CMP) for the previous year, which includes encouraging car pooling, van pooling, transit ridership and non -motorized transportation. Recommended Action: Adopt Resolution No. 93 -XX finding the City to be in compliance with the 1992 Congestion Management Program (CMP) and approving the CMP Conformance Checklist. JULY 6, 1993 PAGE 4 8.2 APPEAL OF THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 91-12(1) AND DEVELOPMENT REVIEW NO. 93-2 - On June 3, 1993, Kenneth P. Anderson filed an appeal of a Planning Commission approval for a Conditional Use Permit and Development Review to permit the construction of a 6,756 sq. ft. single story restaurant (Hamburger Hamlet) with a lounge/bar and patio dining. The project site is located at 2757 S. Diamond Bar Blvd. within an existing retail shopping center identified as Country Hills Towne Center. On June 25, 1993, Mr. Anderson requested that the appeal hearing be continued until the July 20, 1993 City Council meeting. Hamburger Hamlet concurs with the continuation request. Recommended Action: Open Public Hearing, take public testimony and continue this matter to the Council meeting of July 20, 1993. 8.3 CONTINUED PUBLIC HEARING REGARDING THE GENERAL PLAN - The General Plan is a statement of goals, policies and implementing programs to guide the long range physical development of the City. It is required by State Law and determines the size, form and character of the City over the next twenty years. It is the most significant tool utilized by the community to ensure a balanced, comfortable environment in which to live and work. It represents the community's view of its future and serves as the "blueprint" to define the long term character of the City. In March of 1993, the City Council authorized the retention of a consultant team to further develop the Draft General Plan. Five community workshops have been conducted with residents to identify key planning issues and discuss potential General Plan policy options. The results have been summarized and forwarded to the Council for consideration. Since May 19, 1993, six public hearings have been conducted to consider the Draft 1993 General Plan. Recommended Action: It is recommended that the City Council open the Public Hearing, receive a presentation from the General Plan consultant team, receive public testimony, forward comments to City staff and continue the Public Hearing. 9. OLD BUSINESS: 9.1 AWARD OF DESIGN SERVICES CONTRACT FOR GOLDEN SPRINGS DRIVE MEDIANS FROM GONA COURT TO WESTERLY CITY LIMITS - To provide a uniform landscaping theme along Golden Springs Dr., medians are being proposed between Gona Ct. and the westerly City limits. The proposal is to select an engineering firm to complete the design services of the median islands. Staff has received and evaluated five (5) proposals for the design services of subject project. JULY 6, 1993 PAGE 5 Recommended Action: Award a design services contract to Dwight French and Associates, in an amount not to exceed $20,790; and, authorize a contingency amount of $5,000 to address contract changes that may be necessary from the City's perspective. 9.2 AWARD OF CONTRACT FOR CITY-WIDE STREET TREE MAINTENANCE - On May 18, 1993, Council authorized staff to advertise for bids for City-wide street tree maintenance. Bids were received from five qualified contractors, which were opened and publicly read on June 15, 1993. Bids ranged from a low of $71,458 to a high of $141,680. Recommended Action: Award the contract to West Coast Arborists, Inc., the lowest responsive bidder in the amount of $71,458. 9.3 AWARD OF CONTRACT FOR LANDSCAPE ARCHITECT FOR PANTERA PARK - On March 2, 1993, the City Council adopted Resolution No. 93-10 authorizing staff to accept proposals from qualified Landscape Architects for the preparation of plans and specs. for the development of Pantera Park. Proposals were submitted by 18 firms, and after careful review of the proposals, interviews, tours of completed projects, reference checks and negotiations of fees, staff is prepared to make a recommendation for the most qualified Landscape Architect. Recommended Action: Award the contract to RJM Design Group to complete plans and specs. for the development of Pantera Park. 9.4 AWARD OF CONTRACT FOR THE INSTALLATION OF THE IRRIGATION SYSTEM AND PLANTING OF TREES ALONG RT. 60 FREEWAY - On June 1, 1993, Council adopted Resolution No. 93-42 authorizing the City Clerk to advertise for and accept bids for the installation of the irrigation system and planting of trees along Rt. 60 Freeway. Bids were received from 4 qualified contractors, which were opened and publicly read on June 29, 1993. Bids ranged from a low of $322,118 to a high of $435,470. Recommended Action: Award a contract to Coast Landscape Construction Inc., in the amount of $322,118 for installation of the irrigation system and planting of trees along Rt. 60 Freeway. 10. NEW BUSINESS: 10.1 POMONA VALLEY HUMANE SOCIETY ANIMAL CONTROL SERVICES AGREEMENT - SUPPLEMENT #2 - Annually the City Council is requested to review the Agreement for Animal Control Services with Pomona Valley Humane Society and approve the annual supplemental payment. JULY 6, 1993 PAGE 6 Recommended Action: Approve Supplement Number 2 to the Agreement for Animal Control Services between the City and the Pomona Humane Society and authorize the Mayor to sign Supplement No. 2. 11. ANNOUNCEMENTS: 12. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. 9, -2--- DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SND R--,, SUBJECT: - I 1 11 V ""' `' I expect to address the Council%an thebJ s,agend en em.aboPlease have the Council Minutes reflect my name n� ad d Y ti. � 1 Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO- DATE: O.DATE: TO: ity erk FROM: /7� ADDRESS: ORGANIZATION: SUBJECT: d Z � �� 5/'y �-9.s r-- .7c'S/ G � n%��i�•v5 p� Get-Og«� ,Sri "'� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as, written boy�e NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling Of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY.COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: Cirty} Clerk FROM: W t ! UV % ( 7 - ADDRESS: -ADDRESS: Z �(0 3 4 ���r W /,..#/ C/ ORGANIZATION: 00 SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written ab Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: �/ TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on t subject agend i e Please have the Council Minutes reflect my name andd�lressr as write bo e. NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: .2— 9f ,L�J TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: citv Clerk I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address asv�an above. NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. -r i City Clerk SUBJECT: �y�L/ �4 �'J �I I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written abo e. Signa ure NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. CITY OF DIAMOND BAR INTER OFFICE MEMORANDUM TO: 1-1,-4 DATE: 6/13 FROM:2?� /4 SUBJECT: 1-4e4i"W fes' ` MESSAGE A�e /10)�e X)Q�M;4� awl io AX4 ,j�ASIGNED� L � . -�r,� REPLY JL SIGNED COPIES TO: DATE INSTRUCTIONS TO SENDER: 1) Keep Pink Copy 2) Send White And Yellow Copies INSTRUCTIONS TO RECEIVER: 1) Write Reply 2) Keep Yellow Copy 3) Return White Copy To Sender JULY IS PARRS AND RECREATION MONTH WHEREAS, within Diamond Bar, we have a variety of parks providing leisure and recreation opportunities for its residents, visitors and the business community; and WHEREAS, positive recreation experiences in our public parks contribute to good health and enhance the quality of life for all people; and WHEREAS, our parks help to preserve and provide a place to share the natural beauty and resources of Diamond Bar; and WHEREAS, with cooperation between government and private enterprise and valuable input from the community, we continue to enhance our parks system with the construction of Heritage Park Community Center, the development of Pantera Park and the negotiated acquisition of open space; and WHEREAS, it is appropriate that attention be focused on the mental and physical benefits derived from involvement in leisure activities in our public parks; and WHEREAS, parks and recreation opportunities provide something of value for everyone. NOW, THEREFORE the City Council of the City of Diamond Bar hereby proclaims the month of July as "Parks and Recreation Month" and urges the Citizens of Diamond Bar to use and enjoy our parks, taking into consideration their beneficial effect to the well being of all, this month and throughout the year. DATED: MAYOR ATTEST: LYNDA BURGESS, CITY CLERK MINUTES OF THE CITY ADJOURNED REGULAR MEETING OF THE JUNE 9, 1993 JJ� / , v COUNCIL �pT CITY OF DIAMOND B;R 1. CALL TO ORDER: M/Miller called the meeting to order at 7:00 p.m. in the AQMD Auditorium, 28165 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Miller. ROLL CALL: Mayor Miller, Councilmen Forbing, and MacBride. Mayor Pro Tem Papen arrived at 7:15 p.m. Councilman Werner was absent. Also present were Terrence L. Belanger, City Manager; James DeStefano, Community Development Director and Lynda Burgess, City Clerk. 2. PUBLIC HEARING: CDD/DeStefano reported that this is the fourth Public Hearing to consider the adoption of the 1993 General Plan. The five workshops and four public hearings were extensively noticed in order to develop various issues and options, and to review the specific policy recommendations framed. The General Plan document, containing the specific revisions discussed, is due to be distributed to the public within the next week, and will undergo a general presentation of major issues to the City Council at the next Public Hearing scheduled June 16, 1993. Issues raised will be given further consideration at the next Public Hearing, and the matter will then be bought back to the Council at the regularly scheduled Council meeting of July 6, 1993, allowing a couple of weeks for the general public to review the document. He then introduced the following members of the consultant team, retained by the City in March 1993 to further develop the draft General Plan: Michael Jenkins, special legal counsel from the law firm of Richards, Watson, and Gershon; Daniel Iacofano of the firm Moore, Iacofano, and Goltsman, to facilitate the public workshop process; Terry Austin. of Austin, Faust, to assist in the Circulation Element; and Dale Beland, of the firm Cotton Beland Associates, for development of General Plan policy issues. Dale Beland reviewed the following proposed substantial areas of change which reflect a significant difference to the 1992 General Plan: 1. A proposed substantial reduction in buildout intensity throughout much of the developed single family area by reflecting the land use policy map to allow only development that currently exists in most of the single family area; 2. the need to increase and amplify policy definition, with respect to retention of existing deed restricted open space throughout the community, and to address how the City deals with the regional circulation system; and 3. a goal to try to retain, revitalize and promote viable commercial activity in the community. It is anticipated that more testimony and direction will be received for these changes as Public Hearings move forward. JUNE 9, 1993 PAGE 2 M/Miller opened the Public Hearing. Eric Stone, 24401 Darrin Dr., stated that he feels his potential for a return on property he purchased a few years back is threatened by this policy of blanket down -zoning, which does not take into regard individuality or uniqueness of the property. Wilbur Smith, 21630 Fairwind Ln., made the following comments in regard to procedure: open space, housing, and circulation: the City Council should allow a period of time, after the document has been put into final form, for public review, including the General Plan, the EIR and the environmental assessment; the General Plan should state how this process is consistent with the judge's ruling regarding the referendum; the changes made to the 1992 General Plan should be identified in the new Plan; the General Plan should also identify differences to with recommendations presented by GPAC; the inconsistencies in the General Plan to SEA #15 should be identified, as well as the differences with the EIR; there should be a strategy in the General Plan that attempts to coordinate County, State and Federal funding for major improvements in the 57/60 corridor, coordinating that with surrounding cities affected by that corridor; predictions made to the year 2010 should include foreseeable improvements in the 57/60 corridor, not just the Tonner Canyon Road situation; Diamond Bar's traffic condition should be compared with surrounding cities; the Circulation Element should be revised to include specific recommendations in the environmental assessment report; all reference to the Tonner Canyon roadway should be deleted; time should be used as a criteria in our predictions and analysis of traffic rather than simply freeway volume; probability for traffic projections in the year 2010 should be defined; the Housing Element should establish standards to maintain the current low density housing, limiting the sizes of residences; and a Tonner Canyon Road should be deleted because is not consistent to what is stated in SEA #15, and Diamond Bar cannot implement it by itself. Don Gravdahl, referring to an editorial written in the Highlander expressing an opinion that the City should buy Sandstone Canyon using $8 million dollars offered by the L.A. County Transportation or by establishing a bond to be paid for by residents at a cost of $2.00 a year, pointed out that it is doubtful that L.A. County Transportation would give cities money to buy open space where there is no opportunity of constructing a road, and that a bond measure would cost residents more than $2.00 yearly, taking into consideration the loan amount and the interest that must be paid. Martha Bruske, 600 S. Great Bend Dr., stated that the Housing Element should indicate that if a developer uses a cluster approach to housing, then the City should obtain, in writing, that any leftover land, obtained by the City as a result of the clustering, will never be developed and will be left for JUNE 9, 1993 PAGE 3 recreational use for the entire City. Red Calkins stated that it is doubtful that there are monies available to improve the 57/60 interchange. He then stated that a Federal mediator should be called in to settle the issue of the General Plan because the current process is not working and is too expensive to continue. Nick Anis stated that it would seem that in order to improve the overall traffic condition of the City, the freeway needs to be improved, and another road needs to be built to divert the traffic out of Diamond Bar. However, if the majority of the community desires to see no development whatsoever in open space areas such as Tonner Canyon and Sandstone Canyon, regardless of the consequences, then it would seem that it should be the responsibility of the Council to adhere to that desire. MPT/Papen requested that the written comments made by Donald Ury regarding the Circulation Plan be made part of the record. In his letter dated May 24, 1993, Mr. Ury, a member of the Traffic & Transportation Commission, stated that the following should be considered in the Circulation Element: 1. Encourage and pursue planning and construction of a road through Tonner Canyon from the 57 freeway northerly to a connection with the 60 freeway. 2. Pursue development and construction of the 57 and 60 freeway interchange in Diamond Bar. 3. Pursue development and construction of HOV lanes from Orange County through Diamond Bar and construction of HOV lanes on the 60 freeway. 4. Pursue development and construction of additional lane(s) on the 60 freeway easterly from Diamond Bar. 5. Synchronize signals on Grand Ave. through the City and adjacent communities. 6. Complete design and construction of, improvements to the intersection of Diamond Bar Blvd. and Grand Ave. 7. Pursue other traffic measures to enhance circulation and movement of transient traffic on, over and across major streets in Diamond Bar. In response to comments made by Wilbur Smith, MPT/Papen explained that minimum lot and pad sizes are in zoning codes and are separate from the Housing Element. She explained that she has been a member of the L.A. Metropolitan Transit Authority Board since January of 1993, and that the Council has discussed putting her name forward to represent Diamond Bar in order to meet with Federal and State legislators to discuss transportation, therefore, the City is doing the things suggested by Mr. Smith. Furthermore, L.A. County plans on spending over $150 billion dollars on transportation in the next 30 years, and the Council has been working on trying to get $50 million of that money for improvements on the 57/60 freeway. She also pointed out that alternate routes of JUNE 9, 1993 PAGE 4 transportation is very much desired by those heavily impacted by the traffic conditions in the City. Referring to a graphic for 1993 illustrating improvements to the 57/60 freeway, MPT/Papen reiterated that the City is seeking funding from L.A. County. The carpool lanes on the 57/60 freeway, from Diamond Bar to both County lines, total about $50 million dollars and the City will know by the end of this month if construction will begin in 1994 or 1995. Referring to a graphic illustrating projects to be done by the year 1998, MPT/Papen pointed out that even if all the construction is done, there will still be congestion unless transit options, such as the commuter rail and rideshare, are utilized. 3. ANNOUNCEMENTS: C/MacBride announced that there will be a meeting on June 10, 1993 at 7:00 a.m. at the Diamond Bar Golf Club to discuss the business climate and economic health of the community. 4. ADJOURNMENT: M/Miller adjourned the meeting at 7:45 p.m. to June 16, 1993 at 7:00 p.m. to continue the Public Hearing on the General Plan. Attest: Mayor Lynda Burgess, City Clerk MINUTES OF THE CITY COUNCIL DRAFt REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 1, 1993 1. CLOSED SESSION: 5:00 P.M. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 The City Attorney indicated that no reportable action was taken. 2. CALL TO ORDER: Mayor Miller called the meeting to order at 6:05 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 Mayor Miller. INVOCATION: The Invocation was presented by Dr. Orthberg of Horizons Community Church. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen Forbing, Werner, and MacBride. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; Bob Rose, Community Services Director; George Wentz, Interim City Engineer and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3.1 Presentation regarding Grand Opening of Metrolink Station in the City of Industry - MPT/Papen introduced Peter Hidalgo, Media Relations & Marketing Director of the So. Calif. Regional Rail Authority of the L.A. County Metropolitan Transportation Agency (MTA). Mr. Hidalgo reported that the Metrolink long distance commuter train will begin service on June 14, 1993 from the Industry Station, 600 S. Brea Canyon Rd., to downtown L.A. Rides on the train will be free between June 14th through June 30th. The regular cost of a Metrolink ticket from the Industry Station is $112/month for unlimited use, plus free transfers to the subway or any buses; a ten -trip ticket is $35.00, a roundtrip ticket is $8.00, and a one-way ticket is $4.50. Metrolink is a commuter service operating Monday through Friday only at this time. There will be Metrolink ambassadors present at the Station and aboard the train to assist new users and answer questions. The Metrolink also has a pass- through service to Glendale and Burbank, designed for the commuting hours and middle of the day flex trains, which operate beyond the peak morning rush hours, that have 255% off the full fares. 4. SCHEDULE OF FUTURE EVENTS: 4.1 General Plan Public Hearing - June 2, 1993 - 7:00 p.m, AQMD Auditorium, 21865 E. Copley Dr. JUNE 1, 1993 PAGE 2 4.2 Traffic & Transportation Commission - June 10, 1993 - AQMD Hearing Room - 21865 E. Copley Dr. 4.3 Planning Commission - June 14, 1993 - 7:00 p.m., 21865 E. Copley Dr. 4.4 City Council Meeting - June 15, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5. PUBLIC COMMENTS: M/Miller asked if the Council agreed to keep the time restriction policy to five minutes and not allowing transfers of time. The intent of the time restric- tion is to encourage the public to summarize their concerns on items not on the agenda, thereby being courteous to those individuals who desire to speak on items on the agenda. C/MacBride stated that each individual should be entitled to do what ever is desired for that time period, even if it is to transfer it to another person, at the discretion of the Mayor. C/Werner concurred. MPT/Papen reminded everyone that public comments are only for those individuals wishing to speak on issues not on the agenda. Since the Council cannot take action on such items, the issue should be able to be presented in 5 minutes or less. Barbara Beach Courchesne, 2021 Peaceful Hills, expressed concern that it was indicated, at the May 18, 1993 meeting that only 10 or so people supported the issue of preserving Sandstone Canyon, but no mention was made to the petition submitted to the Council that had 1,400 signatures on behalf of saving Sandstone Canyon. The Council needs to listen to individuals in order to represent them. She also objected that a letter, written by MPT/Papen regarding the Landscape Maintenance Agreement, selectively sent to some residents of the Pathfinders Homeowners Association, which did not include the President of the HOA's phone number as well. Don Schad asked for an update on Deer Crossing signs for Grand Ave. that he requested a few meetings ago. Further, he requested additional signs be added 100 yards each side of the two reservoirs just west of Brea Canyon Rd. on Pathfinder. He also requested that the City Council read aloud the packet of letters received from the 7th grade school children. George Barrett, 1884 Shaded Wood Road, objected to the Council's apparent lack of concern for those who express misgivings about the Sandstone Canyon development. He stated that the Council should respond to any comments made immediately following the speaker's presentation rather than waiting until the public speaking portion of the agenda is closed. Red Calkins, 240 Eagle Nest Dr., stated that it may be appropriate to call in a Federal mediator because the General Plan issue will never be settled to everyone's satisfaction. JUNE 1, 1993 PAGE 3 Don Gravdahl, 23988 Minnequa, regarding various assessment districts being increased or proposed in the County, suggested that the public attend a meeting scheduled June 15, 1993 at the Shilo Inn or to send a postcard indicating opposition to the planned assessment district. Patty Anis, 1125 Bramford Ct., objected to statements made by Ms. Courchesne at the May 18, 1993 meeting and her efforts to publicly defame her family by mispronouncing their last name, and making accusations that her right of free speech was restricted by the comments made by Mr. Anis. The City should not have to subsidize her exercise of the right to free speech. Taxpayer funds used to divert these frivolous litigations could be much better spent on needed City services. The proper recourse for disagreement with members of the City Council is at the ballot box not the court room. Nick Anis, 1125 Bramford Ct., stated that the 1/2 million dollars invested to prepare the General Plan for the City is customary, but not the additional hundreds of thousands spent because a handful of individuals are trying to impose their will on the rest of Diamond Bar. There has been a campaign of misinformation, public deception and the filing of lawsuits by this group to create a policy that has so many restrictions that nothing can ever be done in the City. The City cannot operate much longer without a General Plan. David Allen, 24086 Willow Creek Rd., offered his time to Mr. Anis. Mr. Anis Expressed concern that C/Werner attempted to dis- credit his fellow Councilmembers for the purpose of covertly working for his own reelection. The tactics that occurred at the May 18, 1993 meeting to purposely disrupt the meeting was inappropriate. It was further inappropriate to have presented a draft ordinance to the public that was still being reviewed by the subcommittee. Bob Payton, 1119 Bramford Ct., offered his time to Mr. Anis. Robert Preston, objecting to foreign language ideographs displayed in the City, suggested that there be an Ordinance restricting such signs in Diamond Bar. Ken Anderson, 2628 Rising star Dr., requested help from the City Council in getting Country Hills Towne Center to supply electrical power to the equipment on-site designed to pump hydrocarbons from the ground. The underground water storage tank is in need of remediation. Norman Beach-Courchesne, 2021 Peaceful Hills, expressed concern that concealed weapons were brought to the meeting. C/Werner, responding to the comments made by Mr. Anis, explained that, as a leader of the incorporation drive, he has JUNE 1, 1993 PAGE 4 always believed that local government is much better served through a local elected board than one representative through L. A. County. As an elected official, he is continually campaigning and listening to the members of the public to respond to comments and concerns. In regard to Mr. Anis' accusation that he was involved in the disruption that occurred at the May 18th meeting, he stated that he did not have prior knowledge, or any involvement in, the disturbance that occurred. He further stated that, because the Subcommittee on Substandard Property stated that they had completed their work, as indicated in the approved Minutes of the May 4, 1993 Council meeting, he requested that the item be on the May 18, 1993 meeting agenda for a status report. A copy of the draft ordinance was distributed to members of the public by the subcommittee themselves prior to the May 18, 1993 meeting. The disturbance that occurred was a result of having the draft Property Maintenance Ordinance item unilaterally pulled from the agenda, despite having a great number of people present who had desired to comment on the item. C/MacBride expressed appreciation to Don Schad for the letters written by 7th graders at Chaparral. He would like some of them to attend a future Council meeting. He also thanked Don Gravdahl for pointing out six agencies that will be increasing assessments. It is important to emphasize that those increases are coming from agencies outside of Diamond Bar. C/Forbing pointed out that the lawsuit regarding the General Plan referendum was brought against the City Clerk. The judge ruled that the City Clerk had to accept the petition and upon accepting the petition, she then presented the referendum to the City Council. The City Clerk acted independently of the City Council, and the lawsuit did not involve the City Council. He then requested the City Attorney to address the request for restriction of non-English signs. MPT/Papen reminded the public that the telephone number for Metrolink information is 1 -800 -371 -Link. She pointed out that the increase in assessments by the indicated agencies are a result of the action taken by Sacramento, taking money from cities in order to balance the State budget. In response to Ms. Courchesne, she clarified that she mailed out about 30 letters to friends requesting that they send letters to the President of the HOA, or the HOA, asking that they schedule a meeting with the DBIA, and others interested, to discuss the issue of property maintenance. She further asked them to send a letter to the MTA on the HOV lanes and the interchange. She then stated that so far she had only heard from one person expressing support for a bond measure on the November ballot to buy and preserve Sandstone Canyon, which would cost about $15 million dollars. If such an action was financed over a 20 year period, it would cost every homeowner about $1,600 dollars. Four people in the audience raised their hands in support of such a measure. In response to C/Werner regarding JUNE 1, 1993 PAGE 5 the draft Property Maintenance Ordinance, she explained that, because some pages were missing, there was a question if the draft presented was the entire draft put together by the subcommittee, and subsequently, the subcommittee requested the item to be pulled. M/Miller stated that he had requested that staff place the discussion of the draft Property Maintenance Ordinance on the agenda as a status report, not as an item to be considered. He pointed out that any item can be pulled from the agenda by quorum of the Council. He then stated that he was informed by the Sheriffs Department, just prior to the meeting, that they had received a phone call warning that a disturbance was going to occur. MPT/Papen requested the City Attorney to investigate the occurrence that occurred at the May 18th meeting because it has been reported that it is a felony to conspire to disrupt a public meeting. CA/Arczynski, in response to the issue regarding foreign language signs, stated that there is an Ordinance that regulates foreign language signs in the manner and to the extent that it is legal under the First Amendment. 7. CONSENT CALENDAR: It was moved by C/Forbing, seconded by C/MacBride to approve the Consent Calendar as presented. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN - Forbing, MacBride, Werner, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 7.1 WARRANT REGISTER - Approved the Warrant Register dated June 1, 1993 in the amount of $556,885.05. 7.2 TREASURER'S REPORT - Received & filed Treasurer's Report for month of April, 1993. 7.3 ADOPTED RESOLUTION NO. 93-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PARTIALLY SUSTAINING AND PARTIALLY APPROVING AN APPEAL OF CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 93-1, AMENDING CONDITIONAL USE PERMIT NO. 492-1, AND DEVELOPMENT REVIEW NO. 92-6, AN APPLICATION TO CONSTRUCT A CHILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S JR., LOCATED AT 141 S. DIAMOND BAR BLVD. 7.4 RESOLUTION NO. 93-40: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT NUMBER 93-46. JUNE 1, 1993 PAGE 6 8. OLD BUSINESS: 8.1 LANDSCAPING ALONG THE PROPOSED METAL BEAM RAILING ON THE NORTHERLY SIDE OF GRAND AVENUE - MPT/Papen excused herself from discussion of this item because of a potential conflict of interest. CM/Belanger reported that staff presented two different landscaping plans to mitigate the visual effect of the proposed metal beam guardrailing along the northerly side of Grand Ave. It is proposed to have reinforced vertical bars on the sidewalk on the southside of Grand Ave. at Rolling Knoll, instead of having a guardrail across the pedestrian area, so that people could proceed to go to Summit Ridge Park. The pedestrian traffic would be con- strained eastward from Rolling Knoll on the north side of the street as a result of landscape planting. The sidewalk that continues up Grand Ave. from Cleghorn to Rolling Knoll would be left in place. The guard rail would be taken to where there is an existing brick wall. He recommended that the more comprehensive landscaping alternative be approved by the City Council. In response to C/Forbing's comment, CM/Belanger stated that the plan will be changed to indicate that a full pedestrian crosswalk at Rolling Knoll is to be provided to allow for individuals to go to Summit Ridge Park, utilizing reinforced vertical bars on the sidewalks. C/Forbing suggested that vertical posts be continued along the sidewalk rather than extending the guardrail from the crossing at Rolling Knoll to the block wall and removing sidewalk, as indicated in Alternative I. Upon hearing that the cost for vertical posts are less than it would be for the guardrails, C/Forbing then recommended Alternative I, changing section (a) to the vertical divider, going with staff's proposal from Rolling Knoll, where the grass starts, eastward, for the distance recommended. By making this change in Alternative I, rather than going with Alternative II, as much as $25,000 can be saved on this project which could be used elsewhere in the community. M/Miller expressed concern that 200 feet of posts that would have to be painted a bright reflective color would not be aesthetically pleasing. CM/Belanger recommended that the Council direct staff to engage in landscaping the area from Rolling Knoll eastward to the end of the proposed guardrail, to place a different kind of vehicle restraint at the Rolling Knoll intersection to accommodate pedestrian access to the south, and provide the Council with a couple of plan variations with renderings to provide additional guidance on that stretch westward from Rolling Knoll to the JUNE 1, 1993 PAGE 7 existing wall, an area of approximately 200 feet. Don Schad offered his services to assist in designing the landscaping plan using native vegetation. Motion was made by C/Forbing and seconded by C/MacBride to direct staff to engage in landscaping the area from Rolling Knoll eastward to the end of the proposed guardrail, to place a different kind of vehicle restraint at the Rolling Knoll intersection to accommodate pedestrian access to the south, and provide the Council with a couple of plan variations with renderings to provide additional guidance on that stretch westward from Rolling Knoll to the existing wall, an area of approximately 200 feet. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, M/ Miller NOES: COUNCILMEN: None ABSTAIN: COUNCILMEN: MPT/Papen ABSENT: COUNCILMEN: None 8.2 AWARD OF CONTRACT FOR DESIGN OF MEDIAN ISLANDS AT GONA CT. TO WESTERLY CITY LIMITS - CM/Belanger recommended that item 8.2 be continued to June 15, 1993 to allow additional time for consultation with executive staff regarding the recommendations. The Council concurred. 8.3 ENVIRONMENTAL ENHANCEMENT PROJECT - TERMINATION OF CONTRACT WITH CALIFORNIA CONSERVATION CORPS - CSD/Rose reported that the City awarded a contract to the California Conservation Corps (CCC) on.January 19, 1993 to install irrigation and planting materials along the 60 freeway. Due to constant turnover of CCC workers, progress on the project has been slow. At the pace that the project is currently progressing, it will take another two years to complete. Unfortunately, due to time limits imposed by the State on the grant that funds this project, it must be completed by January 1994 for the City to be reimbursed for costs. He recommended that the City terminate the agreement with the CCC and issue a 60 -day notice of termination. C/MacBride expressed the Council's appreciation for the CCC program and indicated that the decision to cancel is due purely to fiscal imperatives. Motion was made by C/Forbing and seconded by MPT/Papen to accept cancellation with regret and issue a 60 -day notice of termination of the agreement. Motion carried unanimously by the following Roll Call vote: JUNE 1, 1993 PAGE 8 AYES: COUNCILMEN: Forbing, MacBride, Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 9. NEW BUSINESS: Werner, MPT/ 9.1 REPORT ON STATUS OF FISCAL YEAR 1993-94 BUDGET - CM/ Belanger reported that staff's presentation will focus on the status of the FY 93-94 municipal budget and the impacts of the State budget on City services. Staff then presented a video, produced by the City of Lakewood for the Calif. Contract Cities, which addressed the consequences of the State's previous activities as well as new activities proposed to take place within the next month. CM/Belanger reported that the State of California, over a two year period of time, will remove $4 billion dollars in property tax revenues from local government, which represents approximately 40% of property tax revenues that existed in FY 91-92. The State has indicated that they are merely taking out bailout monies provided to local governments in 1978 with the passage of Proposition 13. As a result of ABS, local governments had a portion of property tax replaced by the State that would otherwise have been removed by Proposition 13, to allow local government to continue to operate at higher levels. Nearly coincidental with the passage of Proposition 13, the Supreme Court determined that the State's reliance on property tax as the base source of funding for schools was Unconstitutional and no longer appropriate and that the State would have to look to State-wide revenue sources to fund their constitutional obligation to provide education. The State has now indicated that AB8 was merely a loan, and that it is now time for local government to feel the full burden of Proposition 13. Over the last five years, the State has essentially been spending a deficit in the amount of $10 to $12 billions of dollars. He then reviewed some of the impacts to the County and their direct or indirect effects on the City: Fire Services - $120 million dollars in fire district property tax would be taken to fund State programs and services. There is no alternative replacement source that has been identified beyond expanding the benefit assessment burden already on homeowners throughout the fire district. The result is the probable closure of one Diamond Bar station as well as another station located immediately adjacent to D.B., as well as the loss of the one paramedic unit in the immediate vicinity. JUNE 1, 1993 PAGE 9 Law Enforcement Services - A 16% cut in services in which the L.A. Sheriff Department stands to lose anywhere from 800 to 900 deputies, 200 to 300 civilians, with the command structure reduced by 1 commander, 9 captains, 80 lieutenants and 150 to 200 sergeants. The result to the Walnut Station is the loss of 1 lieutenant, 13 deputies, 1 investigative person, 1 jail person and 1 desk person. The helicopter service, air ambulance and gang units would also be lost. Library Services - The library in D.B. would either be closed or the hours reduced to 25 hours per week, open 4 days a week, with no new materials purchased, and no reference or information services provided. Another proposal would be to have the library open for 3 days a week for 21 hours weekly, with reference and information services provided, but no other services. The City is currently operating with a $8.8 million general fund budget. The budget proposal to be presented to the City Council later this week proposes spending for FY 93-94 of $8.3 million dollars, which is a reduction of $500,000. Total revenue for FY 93-94, as compared to projected FY 92-93, will be reduced by almost $900,000, in which $500,000 is attributed to the State shift, and $400,000 dollars is from a reduction of other revenue sources. The City, in a two year period of time, will lose 40% of its property tax revenues as a result of the State's proposal. He encouraged the community to write to their legislators and Governor and tell them that the State must deal with the problem they created with State revenue sources. Local government is being burdened by the irresponsibility of the State. C/Werner stated that, to his understanding, given the size of our community, D.B. has the lowest number of staff on board than any of the other cities in the Contract Cities Assn., on a per capita basis. Hopefully we will be able to weather the storm. CM/Belanger, in response to C/Werner, stated that the budget proposal developed does not recommend reductions in service levels. Fire Chief Lockhart stated that the L.A. County Fire Department provides paramedic and fire services to the community, as well as 49 other cities, with 127 fire stations, 144 engine companies, 48 paramedic rescue squads and other types of specialized equipment. The Fire Department is, in effect, primarily a special district funded primarily by local property tax. Last year, $35.6 million was lost to the Fire Protection District. The benefit assessment district, in place, was increased from $13.99 to $36.55 to offset those lost revenues and maintain current service levels. This year, JUNE 1, 1993 PAGE 10 it is estimated that the Fire Protection District will lose $122 million over and above what was lost last year, or 34% of the budget. The result is the loss of 41 fire stations, 48 engine companies, 16 paramedic rescue squads, 7 ladder truck companies, 26 chief officers, 2 fire camps, 2 dozers, 2 paramedic and f ire fighting helicopters, and 926 firefighters. This means there will be longer response times, less effective resources, and pose a greater risk for firefighters. The current proposal for station closures in the City is to close station #119 on the border of the City, and stations #121 and #146, within City boundaries. This pattern of closures is evenly distributed across the entire County, and service levels will be dramatically reduced. The institution of a new benefit assessment which would have increased property tax by about $200 was considered to offset the full $120 million dollars in lost revenues; however, the Board of Supervisors stopped the idea and it is currently not an issue. At this point, there are no other options available as far as maintaining current service levels, other than asking the State legislature to not shift property tax funds from the local level to the State level. In response to C/MacBride, Chief Lockhart stated that, currently, the district level of service has a response time of five minutes for emergency situations such as heart attacks. With the proposed reduction in available resources, there would be a 30% increase in maximum response time, or 7 minutes. However, the problem compounds because, with the reduction in resources, the nearest available resource, who normally would have responded, may be tied up on other incidents, so that the next closest resource will be yet farther away than they are currently. C/Werner asked if the State is shifting funds directly from the Fire Protection District's budget or is the State shifting funds from the County general fund, and in turn, the County is shifting funds from the Fire Protection District. Chief Lockhart explained that the funds being shifted are from the District, which exists by State law, and receives its funding from local property tax and not from the general fund. C/Werner suggested that, perhaps as an alternative, the City should be investigating the consideration of supplemental community districts, in consolidation with other cities, to at least allow those lost stations to be manned to maintain the service levels. Chief Lockhart, at MPT/Papen's request, reminded the community of the importance in assisting the fire JUNE 1, 1993 PAGE 11 department by clearing brush to help the department and that fireworks are illegal in the community. CM/Belanger stated that a budget proposal will be presented to the City Council about the general operating fund budget, the capital improvement fund budget, and a series of special fund budgets. 9.2 REPORT ON CALIFORNIA CONTRACT CITIES CONFERENCE - C/ MacBride reviewed the various session topics discussed at the Contract Cities Conference held May 20-23, 1993. The City is a member with approximately 116 other contract cities and all five of the City's Councilmembers, and the City Manager, were registered for this annual municipal seminar. The designated and appointed delegate for the CCCA is C/Werner. The formal business session was held Saturday at 9:00 a.m.; however, the City was represented by M/Miller, in the absence of C/Werner. The issues presented were as follows: Toxic Waste Cleanup; the continuation of the 1/2 cent sales tax; multi-year approval of the State budget; cleanup of contaminated sites; sale of harmful matter to minors; a call for a State Constitutional Convention; and a resolution on Assisted Housing Programs. There was a strong debate regarding the controversial Waste Management Resolution 93-3, in which Diamond Bar voted with the proponents, and the measure passed. He then requested M/Miller to withdraw the delegate appointment to the CCCA from C/Werner and to remove him from the CCCA committee completely because he did not attend the business session, even though he was aware of the time of the meeting. MPT/Papen expressed support of the suggested change of the delegate to the CCCA. She stated that C/Werner has not attended meetings since August of 1992. C/Forbing pointed out that C/Werner must have been present at the last CCCA meeting because he seconded a motion made, which was indicated in the minutes of the monthly meeting. Also, during the Saturday session, he was in the hall discussing issues that were important in the way of networking and finding out things of benefit to the community, knowing that the Councilmembers and the Mayor was inside to vote. Perhaps it would be more appropriate to discuss the issue, making sure the representative does attend all the meetings, or that an alternate represent the City. M/Miller pointed out that since this is not an agenda item, it cannot be acted on at this time. C/Werner stated that he was unable to arrive at the hotel until 2:30 a.m. Saturday and had intended to attend the session; however, he did not make it until after the JUNE 1, 1993 PAGE 12 meeting had started. Not wanting to disturb the session, he decided to do some networking, speaking to representatives from other cities, and representatives, professional staff members, of our City in efforts to further particular issues. He did attend the remaining business sessions and represented the City in an appropriate way for a Councilmember. He expressed an apology for not being able to attend. However, he stated that he did not have any direction or request from members of the Council to take a particular stand on any of the issues of that business session. MPT/Papen pointed out that the issue is on the agenda on Contract Cities. A motion had been made and seconded, and it is appropriate to call for the question. C/MacBride stated that a delegate who does not attend meetings and does not cast his vote is not representative of good City government. CA/Arczynski stated that the specific appointment being discussed is a mayoral appointment only and does not require consent of the Council, or a vote by the Council, and may be modified at any time. Noting that the agenda simply states a "report," he recommended that if a decision were to be made based upon this discussion, then it should be placed on the agenda as a mayoral appointment. M/Miller indicated that he feels any action should be taken more appropriately outside of the Council meeting. 9.3 RESOLUTION NO. 93-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE RELEASE OF AN RFP FOR LANDSCAPE ARCHITECT SERVICES FOR THE WATER EFFICIENT LANDSCAPE REGULATIONS - CDD/DeStefano reported that the City Council adopted Water Efficient Landscape Regulations (Resolution No. 92-66) as required by AB 325. The regulations require a qualified Landscape Architect to review development landscape plans. The proposed RFP would provide a landscape architect available to the City for review of plans on an "as needed" basis. In addition, the Architect could be utilized for park modifications to ensure compliance with the Americans with Disability Act (ADA), median and planting designs. Costs for the consultant services would be paid for by either developers on a fee-for-service basis, or through park fees, CDBG fees or funds received for Public Works projects. He recommended that the Council adopt a Resolution authorizing the release of an RFP for Landscape Architect services for water efficient landscape regulations. Motion was made by C/Forbing and seconded by C/MacBride to adopt Resolution No. 93-41, authorizing release of an JUNE 1, 1993 PAGE 13 RFP for landscape architect services. AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 9.4 RESOLUTION NO. 93-42: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF IRRIGATION SYSTEM AND PLANTING OF TREES ALONG ROUTE 60 FREEWAY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - See 9.6 below. 9.5 AWARD OF CONTRACT FOR INSPECTION SERVICES FOR THE ENVIRONMENTAL ENHANCEMENT ROUTE 60 FREEWAY PROJECT - See 9.6 below. 9.6 AWARD OF CONTRACT FOR SUPERVISION AND TRAINING OF CCC CREWS FOR THE ENVIRONMENTAL ENHANCEMENT ROUTE 60 FREEWAY PROJECT. Motion was made by C/Forbing, seconded by C/MacBride to: 1) adopt Resolution No. 93-42 approving plans and specs for installation of irrigation system and planting of trees along 60 freeway; 2) award a contract to Jack Thompson for inspection services at the rate of $40 per hour, for a total not to exceed $35,000; and 3) award a contract to Harold Siegworth for supervision and training of CCC crew for the Environmental Enhancement Route 60 Freeway Project at the rate of $40 per hour, for a total not to exceed $9,999. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 10. ANNOUNCEMENTS: C/MacBride reemphasized his concern on the importance of properly representing the City. C/Forbing noted that upon conclusion of the Public Comment portion of the agenda, about 24 of the 33 people in attendance immediately left, indicating that they must feel the Council is doing a good job governing the business of the City. MPT/Papen requested staff to develop a False Alarm Ordinance requiring the City to be reimbursed for multiple false alarms. CM/Belanger reported that the Subcommittee on Economic Resources Strategic Planning will host a continental breakfast for business people from the community on June 10, 1993 at 7:00 a.m. at the Diamond Bar Country Cub to discuss business retention and revitalization. JUNE 1, 1993 PAGE 14 M/Miller reported that another Public Hearing on the General Plan is scheduled for June 9, 1993 at 7:00 p.m. 11. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 9:45 p.m. Lynda Burgess, City Clerk ATTEST: Mayor 24XW%Mn0 ox- wn= azww covgvss REGULAR MEETING OF THE CITY OF DIAMOND BAR DkAFr JUNE 15, 1993 1. CLOSED SESSION: 5:00 p.m. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 C/Werner was not present. No reportable action taken. 2. CALL TO ORDER: Mayor Miller called the meeting to order at 6:02 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 Mayor Miller. INVOCATION: The invocation was presented by C/MacBride. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen Forbing, Werner, and MacBride. Also present were Terrence L. Belanger, City Manager; William P. Curley III, Assistant City Attorney; James DeStefano, Community Development Director; Bob Rose, Community Services Director; George Wentz, Public Works Director; and Lynda Burgess, City Clerk. 3. SCHEDULE OF FUTURE EVENTS: 3.1 General Plan Public Hearing - June 16, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 3.2 Parks & Recreation Commission - June 24, 1993 - 7:00 p.m. - AQMD Hearing Room, 21865 E. Copley Dr. 3.3 Planning Commission - June 28, 1993 - 7:00 p.m. , AQMD Auditorium, 21865 E. Copley Dr. 3.4 Concert in the Park - June 30, 1993 - 6:30 to 8:00 p.m. - "E1 Toro Marine Corps Band" - Sycamore Canyon Park, 22930 Golden Springs Dr. 4. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr., suggested that a Federal mediator be called in to resolve the issue regarding the General Plan. Don Schad, 1824 Shaded Wood Rd., stated that he had still not had a response to the "Deer Crossing" signs he requested for the area generally at Grand Ave., and at Pathfinder west of the 57 freeway. He read a letter from a 4th grade child thanking him for the nature hike taken with his class. He feels it is important to preserve the City's wilderness area for our children. M/Miller explained to Mr. Schad that his request for "Deer Crossing" signs should be presented to the Traffic & Transportation Commission. Tom Mokate, 505 Navajo Springs, thanked C/Werner for his efforts on behalf of the citizens of Diamond Bar. JUNE 15, 1993 PAGE 2 Michael Lowe, 1124 Cleghorn, expressed concern that C/Werner did not properly represent the City at the Contract Cities Assn. Conference. Don Gravdahl, 23988 Minnequa, suggested that the City post signs informing the public that fireworks are illegal in D.B. ICE/Wentz reported that staff had ordered about 20 large, red signs to be placed at appropriate entry points into the City. Nick Anis, 1125 Bramford Ct., expressed concern that a group of citizens in Diamond Bar have worked hard to cloud issues regarding the General Plan with a campaign of misinformation, petitions and lawsuits costing the City hundreds of thousands of dollars. He emphasized the importance of growth, the need for freeway improvements and a Tonner Canyon Road, which cannot be done without a General Plan, to solve traffic problems within the City. He encouraged people not to believe everything they read. Eileen Ansari, 1823 S. Cliffbranch, pointed out that many individuals speaking before the Council are concerned about the environment and are not against growth. The 1993 draft General Plan is much better than the 1992 General Plan, which is worth the costs involved. However, those costs could have been avoided had the Council considered the original recommendations made by the GPAC. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., referring to an article in the Windmill dated June, 1993 which indicated that the temporary restraining order filed by the Diamond Bar Citizens to Protect Country Living was denied by the court, clarified that the order was not denied but rather the decision was postponed pending more information. It is critical that the Mayor correct misstatements made by staff, and to assure that statements made in the future are accurate. Anthony Bellezza thanked the Sheriff Department and the 911 Rescue Squad for their quick response in saving their grandchild. 5. COUNCIL COMMENTS: C/MacBride stated that he is pleased that the draft General Plan contains, in the introductory pages, a listing of the General Plan Advisory Committee members, as well as a vision statement. He then stated that he talked with 7th graders at Chaparral School to discuss how they envisioned Diamond Bar. The following is a summarization of their visions: limit population to 75,000; install toll booths for people using the freeways other than Diamond Bar residents; leave hills and wildlife untouched; no more streets leading to other cities; construct domes over the freeways to filter noise and air; build more restaurants; add a hospital; and build underground subways. JUNE 15, 1993 PAGE 3 C/Werner asked CM/Belanger to provide an update on the issue of the Fallowfield neighborhood. MPT/Papen reported that the grand opening of the Riverside to Los Angeles Metrolink line was June 14, 1993. She requested staff to give a brief presentation on the shuttle service being provided to the Metrolink station to residents of Diamond Bar, as well as shuttle service to various work locations within the community. Asst. to CM/Butzlaff reported that the City is providing free shuttle service (Diamond Link) to the Metrolink Station, 600 S. Brea Canyon Rd., Industry, from the following shuttle stop locations: route #1 - Caltrans park -n -ride, 60 fwy. and D.B. Blvd. at 5:30 a.m. (passengers may also board the shuttle at the SCAQMD); route #2 - Hartford Insurance, 1400 S. Montefino, at 5:30 a.m. (also stops at the Avery Dennison Building, corner of Brea Canyon Rd. and Pathfinder. The City has two additional "at call" stops, the first of which is at route #1, corner of Valley Vista and Gateway Center Dr.; and the second stop, at route #2, is at the corner of Pathfinder and D. B. Blvd. The routes are reversed in the evenings from 4:00 p.m. to 8:00 p.m. The shuttle runs Monday through Friday. For further information on routes, fares or transfer points call 1 -800 -371 -LINK or City Hall. M/Miller reported that he has spoken to various school children, ranging from a Senior Civics class at Diamond Bar High School to first graders at Maple Hill Elementary School, and they do not seem to have a problem understanding the Graffiti Ordinance. CM/Belanger, in response to C/Werner's request, explained that staff received numerous letters from residents in the Fallowfield/Cold Springs neighborhood regarding the condition of the areas along the State right-of-way, the lack of land- scaping underneath the freeway right-of-way, and other items related to a sound wall located on Fallowfield. Staff inves- tigated the area and will contact the State to determine the first level of permission to provide some kind of aesthetic mitigation to that particular area, as well as engage in some aggressive weed abatement programs in areas controlled by the City. Staff intends to conduct a community meeting with those individuals who wrote the letters and identify the leaders of the group with which the City will maintain contact. A complete report and a series of recommendations related to those letters will be presented to the City Council. 6. CONSENT CALENDAR: CM/Belanger announced that the nomination period for those interested in becoming candidates for City Council vacancies during the November 2, 1993 Municipal Election opens on July 12, 1993 and ends August 6, 1993. MPT/Papen requested that the Minutes of May 18, 1993 be JUNE 15, 1993 PAGE 4 amended to summarize the letter received from Mr. Van Winkle instead of including a verbatim transcript since all Public Comments are summarized. The Council concurred. Motion was made by C/MacBride and seconded by C/Forbing to approve the Consent Calendar as amended. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of May 18, 1993 Approved as amended. 6.1.2 Adjourned Regular Meeting of May 19, 1993 - General Plan Public Hearing - Approved as submitted. 6.1.3 Adjourned Regular Meeting of May 26, 1993 - General Plan Public Hearing - Approved as submitted. 6.1.4 Adjourned Regular Meeting of June 2, 1993 - General Plan Public Hearing - Approved as submitted. 6.2 WARRANT REGISTER - Approved Warrant Register dated June 15, 1993 in the amount of $381,226.03. 6.3 PLANNING COMMISSION MINUTES - 6.3.1 Regular Meeting of April 26, 1993 - Received and filed. 6.3.2 Special Meeting of April 29, 1993 - Received and filed. 6.3.3 Regular Meeting of May 10, 1993 - Received and filed. 6.4 CLAIM FOR DAMAGES - filed by heirs of Stephen Wills, May 19, 1993 - Rejected claim and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5 ADOPTED RESOLUTIONS PERTAINING TO GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 2, 1993: 6.5.1 RESOLUTION NO. 93-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1993, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. 6.5.2 RESOLUTION NO. 93-44: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, JUNE 15, 1993 PAGE 5 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 1993, WITH THE SCHOOL AND UDEL ELECTIONS TO BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. 6.5.3 RESOLUTION NO. 93-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1993. RECESS: M/Miller recessed the meeting at 6:55 p.m. RECONVENE: M/Miller reconvened the meeting at 7:01 p.m. 7. PUBLIC HEARINGS: 7.1 ORDINANCE NO. 02-B(1993): AN ORDINANCE OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE NO. 2-A(1992) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN SUPPORT THEREOF - CDD/DeStefano reported that Interim Ordinance No. 2(1992) was extended by the City Council on July 7, 1992 allowing for the use of banners and inflatable signs with specific permits. He recommended that the Council open the Public Hearing, receive public testimony and adopt Ordinance No. 02- B(1993) extending Interim Ordinance No. 02-A(1992). M/Miller opened the Public Hearing. With no testimony offered, M/Miller closed the Public Hearing. Motion was made by C/Forbing and seconded by C/Werner to adopt Ordinance No. 02B(1993). Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 7.2 RESOLUTION NO. 93-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 1993-94 - PWD/Wentz stated that the pro- posed assessment would maintain current levels of service on medians, slopes, mini -parks, etc. for the coming year and includes a capital improvement project to construct medians on Golden Springs from Gona Court to the westerly City limits. The assessment will remain at $15.00 per parcel. JUNE 15, 1993 PAGE 6 CM/Belanger clarified that the first phase of construc- tion would be from Lemon Ave. to the westerly City limits, with the second phase, to be done at a future date, will be from Lemon Ave. to Gona Court. C/Werner suggested that businesses and residents of that neighborhood be given an opportunity to provide input into the openings of the medians. M/Miller opened the Public Hearing. Don Gravdahl, 23988 Minnequa, pointed out that slope maintenance and mini -parks are not now included in Landscaping District No. 38. Hearing no further testimony offered, M/Miller closed the Public Hearing. Motion was made by C/Forbing and seconded C/MacBride to adopt Resolution No. 93-46 levying an assessment on Landscaping Assessment District No. 38. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 7.3 RESOLUTION NO. 93-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING DISTRICT NO. 39 FOR THE FISCAL YEAR 1993-94 - PWD/Wentz reported that the level of service and the proposed assessment for Landscaping District No. 39 would remain the same at $73.50 per parcel for the upcoming year. M/Miller opened the Public Hearing. Norman Beach-Courchesne inquired into the location of Landscape District No. 39. M/Miller explained that the district, established by the developer, maintains private parks and open areas generally at the top of Grand Ave. to the Bramalea property. Hearing no further testimony offered, M/Miller closed the Public Hearing. Motion was made by C/Forbing and seconded by MPT/Papen to adopt Resolution No. 93-47 levying an assessment on Landscaping Assessment District No. 39. Motion carried by the following Roll Call vote: JUNE 15, 1993 PAGE 7 AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 7.4 RESOLUTION NO. 93-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 1993-94 - PWD/Wentz explained that Landscaping District No. 41 is bounded by approximately Pathfinder on the north side, the westerly City limits, Brea Canyon Cut-off on the south and the 57 freeway on the east. Proposed maintenance levels for 1993-94 remain unchanged, and the assessment for 1993-94 would remain at $220.50 per parcel. Some landscaping improvements are being proposed along Brea Canyon Cut-off for the upcoming year. In response to C/Werner, he stated that, as presently defined, those particular slopes and/or areas have been identified for maintenance as part of this district to assure maintenance at a level of service the City feels appropriate. A Homeowners Assn. owns a major portion of this property. M/Miller opened the Public Hearing. Hearing no testimony offered, M/Miller closed the Public Hearing. Motion was made by C/MacBride and seconded by C/Werner to adopt Resolution No. 48. levying an assessment on Landscaping Assessment District No. 41. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 7.5 RESOLUTION NO. 93-49: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 1993 AND ENDING JUNE 30, 1994 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH - CM/Belanger reported that the City is required to adopt a budget on or before June 30th of each year. The State, in order to deal with their $10 billion dollar deficit, has chosen to take approximately $4.5 billion from local property taxes, over a three year period of time, to fund State-wide programs and activ- ities. He presented a video, prepared by the League of California Cities, clarifying the problems local govern- ments are having with the State. He then summarized the JUNE 15, 1993 PAGE 8 proposed budget as follows: expenditures for FY 1993-94 is $8.4 million, as compared to $8.8 million for FY 1992- 93; revenue and other funds to be received will be approximately $8.76 million, compared to $9.3 million received for FY 1992-93. Staffing levels for the upcoming budget is 24 full-time positions, a reduction of one full-time position from FY 1992-93. The proposal includes two additional part-time positions as compared to five the previous year; provides for modest increases in services in some areas, and recommends decreases in services in other areas; addresses capital needs relating to traffic safety; recommends that the contract with the L.A. County Sheriff be maintained at current service levels; proposes that the emergency service program continue to be funded; proposes that the Public Works Director/City Engineer position be accomplished through contract; recommends reclassification of some existing staff. Further, an overall spending pattern in Public Works of $100,000 less than the previous fiscal year is proposed; Community Services proposes the addition of an Administrative Assistant position resulting from the overwhelming demand for recreation services; there is a slight increase in the recreation services contract with the City of Brea; however, there is a commensurate increase in revenue projected from the recreation serv- ices program. It is proposed that the Community Development Department continue to operate at current staffing levels and with the wind up of the General Plan process, a lower expenditure pattern is projected for the Community Development Department; a $134,000 decrease is projected in general government; an increase in expendi- tures of approximately $60,000 is proposed in Management Support Services due largely to the City's pro rata share of the costs for the municipal election, completion of the preparation of the Municipal Code (second phase), and the full year impact of the Assistant City Manager posi- tion approved in January of 1993. CIP projects will be as listed and include a proposal to earmark $50,000 for general park improvements throughout the City based on a needs assessment undertaken by the Parks & Recreation Commission. The FY 1993-94 budget continues a system- atically sound and fiscally prudent approach of balancing the demand for high quality services and programs with the reality of resource limitations and availability. He recommended approval and adoption of the budget for FY 1993-94, understanding that the budget does not currently presume what amount of money may be reduced from property taxes. The City will be required to review the budget again when final actions are taken by the State. MPT/Papen, referring to the CIP for traffic signals, stated that she was under the impression that there was to be either a traffic signal at Fountain Springs or at Shadow Canyon. JUNE 15, 1993 PAGE 9 CM/Belanger explained that each of those intersections have traffic warrants sufficient to recommend signal- ization. The City Engineer has indicated that the approximate funding amount shown would accomplish the signalization of those intersections. CM/Belanger, in response to MPT/Papen, stated that fund- ing recommended in the budget would fund the same level of service for police services, and does not take into consideration the impacts to the City resulting from cuts being considered by L.A. County. The closure of fire stations would impact the City, and though fire stations further away from the City would continue to service us, response time will be affected. Another effect of State budget cuts is the reduction of hours in library services to the community. C/Werner requested that a salary schedule be included along with the budget. He asked why adjustments to staff positions are being suggested at this time. CM/Belanger stated that the budget proposes reclassifica- tion of the existing Planning Technician to Assistant Planner, and an existing Engineering Technician to Assistant Civil Engineer, which takes into account the level of experience and growth acquired in the period of years employed by the City. There is also a proposal for an increase in an Administrative Assistant position in the Community Services Department, the deletion of one clerical position, and that the Public Works position be contract and no longer a full-time staff position. There is also a 3.5% salary increase factored in; however, the City Council does not approve any compensation level until the change in salary range is approved at a later date. C/Werner suggested that it would be more prudent to make these budget adjustments and decisions on these positions after the City knows what the impact will be from the State's final budget. CM/Belanger, in response to C/MacBride, stated that copies of the budget are available to anyone within the community who requests it. These budget forms are intended to provide a general statement of overall policy and direction in terms of City services, programs and projects for the next year. He then stated that the City currently receives $.04 for every dollar paid by residents in property tax; however, that may be reduced after the State's final budget. M/Miller opened the Public Hearing. Norman Beach-Courchesne pointed out that a decrease in JUNE 15, 1993 PAGE 10 fire protection services will increase individual fire insurance rates. Michael Lowe, 1125 Cleghorn, suggested that an additional 5% in reserves be set aside in the budget because the fiscal situation will only get worse. The Council should, given the economic times, reconsider any pay increases given at this time. He then suggested that the City bill those individuals or businesses that contin- ually have false alarms because of the expense incurred by the City. Don Schad suggested that the City advertise for volunteer citizen participation for a variety of projects. Barbara Beach-Courchesne commended the Council and staff for the excellent services provided given the fiscal constraints. She expressed concern in considering an increase in recreational services considering that safety issues may not be adequately covered. M/Miller then introduced Sheriff's Lieutenant Wendell Henson, a newly -appointed City liaison with the Sheriff's Department. With no further testimony offered, M/Miller closed the Public Hearing. Motion was made by C/Werner to delay the decision on salary increases and proposed position reclassifications until the State finishes its budget. Motion died for lack of a second. CM/Belanger, in response to C/Forbing, explained that the budget document does not take into account increases in assessments but rather, at a future time, the budget will be appropriately amended to reflect the actual property tax expected to be received in FY 1993-94. Appropria- tions have been decreased by $387,000. In response to MPT/Papen, CM/Belanger confirmed that staff has not factored in takings by the State in the estimated revenues presented. He pointed out that salary increases are not before the Council at this time. MPT/Papen recommended that the budget be sent back to the Finance Committee for further review. C/Werner suggested that the matter be carried June 29, 1993 meeting, and if no further regarding the State budget is available, budget could be approved without some of t adjustments. over to the information the City's he proposed JUNE 15, 1993 PAGE 11 C/Forbing pointed out that money budgeted does not mean it must be spent. The budget can be amended at any time. CM/Belanger suggested that if the Council desires, the position chart can be approved, with direction that reclassifications not be processed at this time, and that staff come back with a revised budget proposal after more information is received from the State. Motion was made by C/Werner and seconded by M/Miller to approve the budget, with direction to the City Manager to not process any position reclassifications. C/Forbing stated that he feels staff has done a tremendous job and both the budget and the personnel as listed should be approved. C/MacBride concurred. MPT/Papen stated that she is in support of the position reclassifications and the change in the Public Works Director, however, the 3.5% salary increase should be factored out. The City's revenues are overestimated, and the budget should be further reviewed. M/Miller pointed out that salary increases are not an issue at this time. The budget can be adopted now, with direction that the reclassifications not be processed at this time, and that staff come back with a revised budget proposal after more information is received from the State. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, M/ Miller. NOES: COUNCILMEN: MPT/Papen ABSENT: COUNCILMEN: None RECESS: M/Miller recessed the meeting at 8:52 p.m. RECONVENE: M/Miller reconvened the meeting at 9:05 p.m. 8. OLD BUSINESS: 8.1 RIGHT TURN RESTRICTIONS AT ROLLING KNOLL AND GRAND AVENUE, AND COUNTRY VIEW AND GRAND AVENUE - PWD/Wentz reported that the Council directed staff to install "No Right Turn" signs on Grand Ave. at Rolling Knoll Road and Country View Drive between the hours of 4 and 7 p.m., Monday through Friday, for a 90 -day trial period. The Council also directed staff to assess potential improvements for traffic movement at the intersection of Grand Ave. and Diamond Bar Blvd. A survey was provided in May to approximately 600 residents in the immediate area that are affected in that southeast quadrant of JUNE 15, 1993 PAGE 12 Diamond Bar Blvd. and Grand Ave. to secure opinions about the signs installed. Staff received 292 responses in which approximately 50% indicated that they felt the signs were doing the job and were beneficial, with the balance of responses received indicating that the signs should either be removed or modified to decrease the effect on D.B. residents. Staff also received input from residents outside of the immediate area, as well as a petition signed by some 70 residents in the Grand Ave./Longview area, expressing concern that the signs restrict their ability to have access from some local community activities. Staff assessed potential improvements for traffic movements on Grand Ave. and Diamond Bar Boulevard, assessing the U-turn restriction and the other turning restrictions. Improving traffic movements at Grand Ave. and Diamond Bar Blvd. by installing double right turns on north -bound Diamond Bar Blvd. should discourage some cut -through traffic or at least encourage motorists to remain on the major thoroughfare. He recommended approval of either: 1) install double right turns from Diamond Bar Blvd. to Grand Ave. and reduce restrictive hours from 4 to 6 p.m., or 2) install double right turns from Diamond Bar Blvd. to Grand Ave. and place "No Right Turn on Red" signs at Rolling Knoll and retain the "No Right Turn" sign at Country View. In response to MPT/Papen, PWD/Wentz stated that double right turns would require striping and could be completed in about 2 to 4 weeks, costing about $1,000 to $2,000. The drop in traffic after 6:00 p.m. is about 35% to 50% per hour in terms of the number of vehicles that go through the Diamond Bar Blvd./Grand Ave. intersection. In response to C/Werner, he explained that some residents felt that the signs should stay in place, but that there should be some modification made such as reducing the hours of operation, lengthening the hours to make it more restrictive, or restricting it only to nonresidents. Some residents suggested additional locations, or warning signs. Warren Sieke, the City's consulting Traffic Engineer, in response to C/Werner, stated that the counts for cars turning right from Diamond Bar Blvd. to Grand Ave. is 788 between the hours of 4:00 to 5:00 p.m.; 751 between the hours of 5:00 to 6:00 p.m.; and 608 between the hours of 6:00 to 7:00 p.m. PWD/Wentz, in response to C/Werner, explained that the intent of the two right turn lanes is to move the cars through the intersection faster by reducing the wait time at the intersection so that there is no benefit for motorists to use the cut -through. JUNE 15, 1993 PAGE 13 MPT/Papen asked if staff's recommended signal timing and phasing study on Grand Ave. is part of the proposed light signal synchronization program. PWD/Wentz stated that a signal timing and phasing study can be done in the interim prior to more sophisticated synchronization proposed as part of the CIP discussed earlier. Part of the information obtained from this could be used as part of that synchronization later. The following residents expressed support for retention of the signs restricting the time from 4:00 - 7:00 p.m., emphasizing the safety of children: Sheila Olivas, 23481 Quail Summit Drive; Karen Mahoney, 23834 Country View Dr..; Jay Umberg, 1419 Winterwood Ln.; Jean Fujihara, 23717 Country View; Mark Segal, 1342 Rolling Knoll Rd.; Ginger Regazzi, 1335 Rolling Knoll Rd.; Don Lemly, 1387 Rolling Knoll Rd. The following residents expressed support for the removal of the signs, as indicated in option #2, emphasizing that a public street should be accessible to all: Yvonne Eide, 1624 S. Range Court; Nick Anis, 1125 Bramford Court; Audrey Hamilton, Copper Mountain. The following residents expressed support for option #1: Karen Capestro, 1652 S. Longview, option #1 as a compromise but would prefer that the street remain available to travel freely since she pays taxes for use of local streets. Martha Bruske, concerned that the two right turn lanes onto Grand Ave. may back up traffic on Grand Ave., perhaps to the Fire Station, suggested that the City look at the big picture before taking action. Gary Neely, 344 Canoecove Dr., suggested that those living in the Longview neighborhood might wish to approach Walnut and Pomona Unified School Districts indicating their willingness to send their children to a new school at Pantera Park, which could solve some current traffic problems. Raul Medina, 23852 Country View, stated that traffic problems will persist without a Tonner Canyon Rd. Motion was made by MPT/Papen and seconded by C/Werner to authorize $2,500 dollars for striping of Diamond Bar JUNE 15, 1993 PAGE 14 Blvd. with two right turn lanes, to be completed by July 1, 1993; to authorize staff to conduct a signal timing and phasing study on Grand Ave. with a cost to not exceed $15,000; stripe a centerline down Quail Summit and Rolling Knoll; and leave the signs with the restriction of 4:00 p.m. to 7:00 p.m. , directing staff to monitor the situation and report back to the Council after the school year begins sometime after October 1, 1993. C/Werner requested that staff provide information regarding bus routes to schools, a determination of whether there are any crossings on Grand Ave., school hours and how the restricted hours could be altered to accommodate the picking up and dropping off of children at schools. M/Miller pointed out that monitoring the impact during the summer will not be a reflective report on what the real situation is 75% of the year. MPT/Papen clarified that the motion is to conduct a study on signal timing and phasing, to revisit the signs after determining impacts of the striping on Diamond Bar Blvd. and the synchronization of the lights. M/Miller pointed out that when the signs were first installed, the Council requested a trial period of 90 days to determine if it would work. It appears that the signs do work. The signs should remain, and should not have to be revisited. C/Forbing suggested that the motion be amended to request the Traffic Engineer to do some additional surveys after school begins and to bring the matter back to the Traffic Commission in November 1993 for their review, monitoring the entire area to try to make some major changes in the traffic flow. Staff, the Traffic Commission, and Traffic Engineer should continually work to upgrade the intersection of Grand Ave. and Diamond Bar Boulevard and all adjoining areas. C/MacBride stated that he is in favor of option #1 and opposed extending the decision another 90 days. He pointed out that any intersection in the City is subject to continued study at any time. The community wants to settle this issue. MPT/Papen amended her motion as follows: authorize $2,500 dollars for the striping of Diamond Bar Blvd. with two right turn lanes to be completed by July 1, 1993; authorize staff to conduct a signal timing and phasing study on Grand Ave. with a cost to not exceed $15,000; stripe a centerline down Quail Summit and Rolling Knoll; and approving option #1, but leaving the signs with the JUNE 15, 1993 PAGE 15 restriction of 4:00 p.m. to 7:00 p.m., and directing staff to report back to the Traffic & Transportation Commission sometime after school starts, and that they should continue to monitor the entire intersection. C/Werner seconded the Motion. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, Werner, MPT/Papen NOES: COUNCILMEN: MacBride, M/Miller ABSENT: COUNCILMEN: None 8.2 CONTRACT WITH COUNTY OF LOS ANGELES FOR PARATRANSIT SERVICES FOR FISCAL YEAR 1993-94 - PWD/Wentz reported that it is staff's intent to obtain further information related to ridership in terms of both the users and potential users of the system to further determine the effectiveness of the operation, and to do some in depth analysis of cost per riders and cost per trip. However, staff does feel that it is important to continue the service at this time. He recommended extension of the agreement with the County. C/Werner excused himself from the meeting due to illness. Motion was made by MPT/Papen and seconded by C/Forbing to accept staff's recommendation to approve the Paratransit Services Agreement and direct the City Clerk to forward the agreement to the L.A. County Department of Public works for execution. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Werner 9. NEW BUSINESS: 9.1 AWARD OF CONTRACT FOR ANNUAL LANDSCAPE MAINTENANCE OF EIGHT CITY PARKS - CM/Belanger reported that bids were received from three qualified contractors and were opened and publicly read on June 8, 1993. Bids ranged from a low of $102,600 to a high of $149,556. He recommended award of a. contract for annual landscape maintenance of the City's eight parks to Accurate Landscape and Maintenance Corp., the lowest responsible bidder, in the amount of $102,600. Motion was made by C/Forbing and seconded by C/MacBride to award the contract for annual landscape maintenance to Accurate Landscaping and Maintenance Corp., the lowest responsible bidder, in the amount of $102,600. Motion carried by the following Roll Call vote: JUNE 15, 1993 PAGE 16 AYES: COUNCILMEN: Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Werner 9.2 LETTER OF AGREEMENT WITH CITY OF BREA TO PROVIDE RECREATION SERVICES FOR FISCAL YEAR 1993-94 - CM/Belanger stated that it is recommended that the City Council approve the Recreation Services Agreement for FY 1993-94, with projected expenditures of $309,877 and projected revenues of $211,435, and authorize the Mayor to sign the letter of Agreement. Motion was made by C/Forbing and seconded by C/MacBride to approve the Recreation Services Agreement for FY 1993- 94, and authorize the Mayor to sign the Letter of Agreement. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Werner 9.3 QUITCLAIM BY TRANSAMERICA REALTY SERVICES TO THE CITY OF DIAMOND BAR FOR PROPERTY LOCATED ON PROSPECTORS ROAD WEST OF GOLDEN SPRINGS DRIVE - PWD/Wentz reported that Transamerica Realty Services offered to quitclaim to the City a strip of land located along the south side of Prospectors Road west of Golden Springs Dr. The present back taxes for the property are estimated to be approximately $1,850 to be paid by the City in order to acquire it. The benefit of acquiring the property relate primarily to avoiding the possibility of having any third party ownership of this property should it go back to the anticipated sale next month for non-payment of back taxes. He recommended that the City Council accept, in fee, the strip of land located along the south side of Prospectors Rd., west of Golden Springs Dr. and authorize payment for outstanding tax amounts due, not to exceed $2,000. M/Miller noted that the area right near Golden Springs and Prospectors narrows down to give us only about three additional feet of right-of-way. The property is not wide enough for street improvements or to meet setback requirements for building purposes. He then requested a more specific reason why the City wants to acquire this property. PWD/Wentz explained that the two primary benefits in acquiring the property are to avoid the potential of having a third party involved in securing the property, and to obtain any potential additional right-of-way that JUNE 15, 1993 PAGE 17 could be gained for other improvements. It narrows to three feet near the intersection because of the wall that presently exists; however, there are no encroachments as it gets closer to the golf course. It would be up to the City to define where we want to maintain those right-of- way lines. C/Forbing stated that it is important for the City to own and control the property along our right-of-ways. Motion was made by C/Forbing and seconded by MPT/Papen to accept, in fee, the strip of land located along the south side of Prospectors Rd. west of Golden Springs Dr. and authorize payment for outstanding tax amounts due, not to exceed $2,000. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Werner 9.4. RESOLUTION NO. 93-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GOLDEN SPRINGS DRIVE RECONSTRUCTION/REHABILITATION PROJECT BETWEEN BREA CANYON ROAD AND GRAND AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - PWD/Wentz reported that staff prepared plans and specifi- cations for the Golden Springs Drive reconstruction/ rehabilitation project, are prepared to go out for formal bid and response from perspective contractors, and to bring this back to Council on July 20, 1993. Alternatives for inclusions of the medians have been included, as previously described and designed. Alternative options for other types of asphalt mixes are being investigated. He recommended that the City Council approve plans and specifications for the Golden Springs Drive reconstruction/rehabilitation project. MPT/Papen suggested that the asphalt rubber hot mix overlay be the specification, and that the hot and place surface recycling method be the alternate bid item. PWD/Wentz pointed out that there could be a consequence of people not responding to the bid if that is put as the alternative. Cost estimates are based on the standard method of resurfacing. Staff has included some contingency with the anticipation being the higher cost. MPT/Papen requested that a paragraph be included that the Council is interested in using recycled products and doing a demonstration. JUNE 15, 1993 PAGE 18 Motion was made by C/MacBride seconded by MPT/Papen to adopt Resolution no. 93-50 approving plans and specifi- cations for the Golden Springs Dr. reconstruction/ rehabilitation project. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Werner 9.5 RESOLUTION NO. 93-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1993-94 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE, UNDER PROTEST - CM/Belanger stated that it is recommended that the City Council: 1) approve the use of the California Per Capita Income percentage increase for use in calculating the FY 93-94 Appropriations Limit; 2) approve the use of the City's population growth percentage in calculating the FY 93-94 Appropriations Limit; 3) adopt Resolution No. 93-51 establishing the protested FY 93-94 Appropriations Limit at $12,275,495. Motion was made by MPT/Papen and seconded by C/MacBride to adopt Resolution No. 93-51 establishing the protested FY 93-94 Appropriations Limit at $12,275,495. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Werner 10. ANNOUNCEMENTS: M/Miller offered congratulations to the High School and Middle School graduates as well as those completing the school year. 12. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 10:55 p.m. ATTEST: Mayor Lynda Burgess, City Clerk 1. 2. IRY1J MO -0 AL+ mna azww ADJOURNED REGULAR MEETING OF THE JUNE 16, 1993 COiJilC iL ��� CITY OF DIAMOND BAi: CALL TO ORDER: M/Miller called the meeting to o::der at 7:00 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 Mayor Miller. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Couicilmen Forbing, Werner, and MacBride. Also present were Terrence L. Belanger, City Manager; James DeStefano, Community Development Director and Lynda Burgess, City Clerk. CONTINUED PUBLIC HEARING: CM/Belanger stated that the intent of this Public Hearing is to receive testimony on any issue associated with the General Plan. CDD/DeStefano introduced the members of the consultant team, retained by the City in March 1993 to further develop the draft General Plan: Michael Jenkins, special legal counsel from the law firm of Richards, Watson and Gershon, not present; Daniel Iacofano, of Moore, Iacofano and Goltsman, to facilitate the public workshop process; Terry Austin, of Austin/Faust, to assist in the Circulation Element, not present; and Dale Beland, of Cotton/Beland Associates, for development of General Plan policy issues. This is the fifth Public Hearing in a series to introduce and consider the adoption of the 1993 General Plan. Staff reviewed a variety of workshop and Public Hearing comments to develop the specific policy recommendations framed in the 1993 draft General Plan, which has been distributed to a wide variety of people and available for public review at City Hall and the library, which can be either purchased or borrowed. Dale Beland stated that the 1993 General Plan is still in draft form and subject to revisions. The revisions to the Master Environmental Assessment (MEA), which is part of the General Plan, containing descriptive data, has not yet been submitted because most of the data remain current and any time dependent changes can be made easily. He then reviewed the following proposed substantial areas of change which reflect a significant difference from the 1992 General Plan: 1. The need to increase and amplify policy definition with respect to retention of existing deed -restricted open space throughout the community; 2. To address how the City deals with the regional circu- lation system and reduce circulation impacts on local streets; 3. A goal to try to retain, revitalize, and promote viable commercial activity in the community; 4. Provision for well-maintained, attractive housing; 5. Creation of a community environment which nurtures social, cultural and recreational opportunities; JUNE 16, 1993 PAGE 2 6. Describes the partnership implied between members of the community and their elected representatives in working together to attain the vision in the future; 7. A description of the community participation program in revising the 1992 General Plan; 8. A proposed substantial reduction in buildout intensity throughout much of the developed single family area by reflecting the land use policy map to allow only that development that currently exists in most of the single family area; 9. Change of the land use designation for the Tres Hermanos Ranch Property from Specific Plan to Agricultural; 10. A graphic illustrating the corporate boundaries of the City, the Sphere of Influence, and the Firestone Boy Scout reservation to help provide the basis for understanding of the significant regional factors that affect the City's future, its circulation system and its land use options; 11. The location and extent of SEA #15; 12. The intent of the City to use proactive and creative tools to acquire any land for open space; 13. Changing the Land Use Map reflecting the reclassification of substantial existing single family neighborhoods, the adjustment and density classifications, the change of the maximum intensity of the RLM category, and the physical changes in terms of the Tres Hermanos property; and 14. A draft addendum allowing minor modifications of non - substantive issues to the EIR and MEA. He recommended that the Council review the changes made beginning with the Land Use Element. MPT/Papen, referring to I-11 in the Land Use Element, item 1.1.1.d, in which Medium Density Residential is designated as 16DU/AC, stated that it was agreed upon that vacant land, in that category, would have a density of 12 DU/AC thereby distinguishing between vacant land and developed land. Also, the Tres Hermanos property should also be listed on page I-12, item 1.1.9, Agricultural Designation. She then noted the discrepancies between the tables, in the Land Use and Housing Element, determining the number of units in the City. Dale Beland stated that the consultant team will adjust those changes accordingly. Staff will also go through and confirm the existing land use data, then factor in the changes discussed to date, enabling us to modify the Housing Element and the Land Use Element appropriately. Those changes will be shown to the Council before the final document is published. Dale Beland, in response to C/MacBride, explained that the proposed language on page I-7, to determine which land must be defined as open space, and page I-16, strategy 1.5.3, which incorporates the significant operative legal statement based upon the testimony received, are policy issues that will have to be defined by the Council because it involves precluding JUNE 16, 1993 PAGE 3 development which implies necessity to purchase so as not to deprive property owners of their rights. M/Miller opened the Continued Public Hearing. Oscar Law indicated that he will need further time to digest the document presented. Wilbur Smith, 21630 Fair Wind Lane, referring to page I-6, inquired what regional circulation studies were sponsored by the County of L.A. that included a proposed transportation corridor. Upon hearing that Terry Austin, who is not present, would need to respond, he suggested that the public should be given an opportunity to review those documents before any final decision is made. Eileen Ansari, 1823 S. Cliffbranch, referring to page I-11, suggested that the slope density be changed from 25% to 15% because of slope slippage occurring throughout the City. There should also be a strict Hillside Ordinance in place. Referring to page I-12, she inquired if parcels can be subdivided and then further subdivided. She also suggested that property restrictions should include a map restriction besides the deed and the CCR's. MPT/Papen pointed out that page I-16 refers to deed and/or map restrictions, and page I-13, strategy 1.2.8, refers to bonus densities. Don Schad stated that the document needs to address preservation of the City's natural resources by including a provision that no development will occur until a tree ordinance, other than that of the County's, is in place, as well as mention the preservation of Sandstone Canyon, Sycamore Canyon or Tonner Canyon. Any mention of a roadway or development of Tonner Canyon should be removed from the document. Bill Tinsman, 1014 Capen Ave., noting that there are two page I-12 in his copy of the document, requested that everyone be given the same copy of the document so all errors and revisions are exactly the same. Dale Beland stated that, for the record, the correct page I- 12, is the one which contains redline and strikeout. Greg Hummel, 23239 Iron Horse Canyon Rd., referring to page I- 17, strategy 1.5.6, suggested that the language be changed by striking the word "and", replacing it with a comma, replacing the period with a comma, and adding "bond issue, donation, will bequeath, conservancy purchase, and subsequent donation to the City, etc." thereby expanding the scope of that strategy. He also stated that he concurs with Mr. Schad's. request for wording in the General Plan regarding tree preservation in the City. JUNE 16, 1993 PAGE 4 Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., referring to page I-7 and page I-16, expressed concern that since it has been stated that map restrictions can be lifted, the document should be amended to indicate both deed and map restriction. Max Maxwell requested a more defined statement of the maximum number of homes that can be built in the City, other than just indicating "3,000 homes less." He expressed concern that the General Plan does not adequately address the issues discussed during the workshops. There also needs to be more definitive language on preservation and on SEA #15. Eric Stone, 24401 Darrin Drive, concerned with down zoning, indicated that the General Plan is being changed because of a select few that may or may not have the best interests of the City in mind. Barbara Beach-Courchesne stated that she does not appreciate people questioning her motives. William Gross, 21637 High Bluff, stated that the General Plan is not reflective of the interest that supported the referendum. Though the Council has indicated that an Agricultural designation for Tonner Canyon will protect it, it is actually merely a flexible designation for some future ideas, which is evident in the Tres Hermanos Ranch property, which is also designated Agricultural, yet planned to be developed commercial and residential. Furthermore, the exact homes planned to be developed need to be identified so that it can be debated in the Land Use Element. The General Plan referendum process was to put the thrust of the General Plan toward preservation of open space and the quality of life. Yet the documentation and provisions in this General Plan provide for easy development of any of the City,s open resources. The changes made to the 1992 General Plan have been minimal to create the appearance of change, and those changes cannot be considered to be substantial, and the end result of the General Plan will remain the same. Furthermore, though the purpose of the EIR is to evaluate the potential results, the City,s consultants have indicated that there is no substantive difference between this 1993 General Plan document and the 1992 document, the one the EIR was based on. Therefore, by definition, the 1993 General Plan is substantially the same. Clair Harmony, referring to page I-16, strategy 1.5.6, inquired what is meant by the concept of "density transfer" in relationship to open space. Dale Beland explained that the purpose of strategy 1.5.6 is to indicate policy intent by the City to explore "creative ways" of acquiring land other than through direct purchase. "Density transfer" refers to the process of taking a total area, using the planned permitted total buildout for that total area, and then by deliberate effort, identify portions JUNE 16, 1993 PAGE 5 which are best suited for nondevelopment, and then, by negotiation, transfer the allowable units for the total area to those portions of the site most suited for development and least suited for open space. Bill Tinsman, referring to I-11, requesting clarification between the strikeout (c), allowing 6DU/AC, and highlighted (c), allowing 5DU/AC, stated that he was under the impression that there is not an actual downzoning of the property rights, but more of a recognition of the differences within our community. Dale Beland stated that the intent of the strategy is to establish policy that shows designation based upon existing use. Max Maxwell inquired if the parcels with an Open Space designation, such as the area generally south of Pathfinder, have a IDU/AC designation and if it can be subdivided in the future. Perhaps those areas should be acquired by the City so that they remain as open space, which is the desire of the community. MPT/Papen stated that the land use map does designate the land use description described in the Land Use Element. Those parcels designated Open Space equal the definition of open space, which is vacant land, deed restricted. Eric Stone stated that his property is unique because its frontages include residential and commercial, a freeway, is being considered for use as an access to the new high school, and was purchased for its future use. The downzoning verbiage should take into consideration unique properties, perhaps based on size and taxes paid. C/Werner pointed out that the intent in the City's initial General Plan was to establish a basic foundation that is reasonable and practical given the level of resources available today. The General Plan is a policy document that is supposed to be dynamic and reflective of the community as time proceeds. Since some properties have been zoned without looking at all opportunities for future development, such as the Tres Hermanos Ranch property and perhaps Mr. Stone's property, then there is a need to do an analysis of every vacant piece of land to identify the financial resources and other financial opportunities in order to make commitments to acquire them for open space, or to be considered for commercial use, low density residential, and higher intensity commercial use. Furthermore, a lot of good thoughts expressed at the workshops have not yet been explored or analyzed at this forum, and it is important to review those issues so that the Council becomes a part of the workshop process and gives it due consideration. MPT/Papen stated that such a suggestion is more appropriate as JUNE 16, 1993 PAGE 6 a followup strategy after the adoption of the General Plan. M/Miller directed the discussion to the Circulation Element. Terry Austin reviewed the following revisions to the Circulation Element: change in semantics involving maximum volume; a need to define TDM; change in basic formatting; a clean up in functional classifications; define an of environmentally -sensitive transportation corridor" in order to address the Tonner Canyon roadway without a line on the map, the roadway figure map B-1 notes a potential corridor connection up in the northern part of the City andin the south area in the Sphere of Influence, pointing out that these points would need connection whatever might happen in this corridor; the same approach taken for Tonner Canyon is taken for the high school site, recognizing that there are several ways to provide access to the site; and page V-5, strategy 1.1.4, has an explicit statement of policy by the City to proactively work with adjacent jurisdictions. MPT/Papen, referring to page V-14, stated that her requested word change regarding the Metrolink station still needs to be inserted. CM/Belanger stated that the language "regional transportation linkage", on page V-5, strategy item 1.1.4, is inconsistent with the Issue Analysis #4 on page V-3. If strategy 1.1.4 was adopted, then Issue Analysis #4 would have to be amended to reflect that change and emphasis because Tonner Canyon is not expressly designated as a regionally sensitive corridor. Tom Van Winkle, in support of the definition section on page V-11, suggested that perhaps this should be done in the other Elements as well. Don Gravdahl expressed concern that the entire length of Sunset Crossing has been designated as a collector street and is described to be 80 feet wide, even though a portion of it services 660 homes, a condominium project and some commercial and is probably more like 45 feet long. Furthermore, though, page V-4, item 7, does add language describing Sunset Crossing in length, if the suggestion made to cul-de-sac the street does not happen, then there will need to be further provisions because the traffic created will be horrendous. CDD/DeStefano suggested that table V-1, on page V-13, should be clarified to illustrate Sunset Crossing, both east and west of the freeway, because there are significant differences in the width and the intended use of those streets. Figure V-1, on page V-14, should also be adjusted to clarify the specific line weights. C/Werner asked if collectors are shown in this document because they are to be treated in a different manner than non - collector streets. JUNE 16, 1993 PAGE 7 Terry Austin explained that collectors or local streets are shown because there are often some funding capabilities available for a roadway that is in a Circulation Element versus one that is not. Another reason for putting it in the General Plan Circulation Element is if there is an interest in doing something, such as closing of a street that significantly changes travel patterns, then it would require a General Plan amendment to make such a change. Consulting staff will take a critical look at this section, in light of the environmental documentation, and clarify the map and the language for all roadways. Greg Hummel stated that GPAC had recommended cul-de-sacing Sunset Crossing to avoid traffic problems from the City of Industry and Cal Poly. He then expressed concern that there is an implied weight of importance given by the order of the seven primary issues listed, relative to the Circulation Element. He suggested that the first priority should be to increase the attractiveness of State routes 57 and 60 for through traffic use, and the last priority should be the development of Tonner Canyon as an alternative travel corridor. Referring to the definition of an environmentally - sensitive transportation corridor indicated on page V-11, he suggested that the number one issue should read, "A corridor should be designed to non -adversely impact the ecological diversity, population and overall ecologic balance of the area." He then suggested that there be one more Public Hearing for additional input because many people of the community did not have adequate time to review the draft. M/Miller stated that another Public Hearing is scheduled for July 6, 1993 for an opportunity for the community to provide input; however, since there have been some people requesting more time, another meeting will be scheduled for June 23, 1993. Norman Beach-Courchesne, 2021 Peaceful Hills Rd., stated that the specifications from L.A. County, as indicated on the chart on page V-13, is outdated, particularly Pathfinder Rd. He then stated that Chino Hills Parkway should be the road keep- ing traffic out of Diamond Bar. Also, if a Tonner Canyon Rd. must go in, then the developers should have to pay for it. Max Maxwell suggested that there be further discussion on the appropriateness of having another meeting on June 23, 1993, without giving sufficient notice to the public. He further suggested that the graphic, on page V-13, be more detailed to include the San Bernardino border and the Orange County line. He then concurred with the suggestion made by Greg Hummel. Wilbur Smith also concurred with Greg Hummel that the 57/60 interchange should be the primary emphasis in solving the City's traffic problem. If there are solid, technical reasons why improvements cannot be made at that interchange, then it should be so indicated in the document. Referring to page V- JUNE 16, 1993 PAGE 8 11, Mr. Smith suggested that there be more consideration made to the process of building a Tonner Canyon corridor because that is how damage to the canyon will occur. Don Schad inquired when C/Werner's suggestion, to convert the issues discussed at the workshops into a punch list, will be done. He recommended that a committee be formed to plan a trails configuration that will be compatible to the City's existing wilderness areas, yet be reasonably safe for hiking. He then stated that impact to wildlife and ecological damage, just from association of a road through Tonner Canyon, no matter how environmentally perfectly designed, will nonetheless occur. Barbara Beach-Courchesne, referring to the statement "an environmentally safe road" on page V-11, inquired what is meant by having a "positive drainage control" since oil from vehicles does build up and seep into the ground. There is a need to seriously consider the ramifications of a road through Tonner Canyon. Max Maxwell suggested that the City confer with So. Calif. Edison to discuss possible limitations when doing something "environmentally sensitive." He then inquired what happen to the funds to pay for a study in Tonner Canyon, from the JCC developers, for the project the City approved in SEA #15. There should also be some recognition of the study done by Dr. Paul Beiers regarding cougars. Bill Tinsman, referring to figure V-1 on page V-13, stated that there seems to be inconsistencies in the definitions of the terms "major," "minor," and "secondary" roadways. Furthermore, Brea Canyon is shown to have four lanes; however, the bulk of the road only has two lanes and it shouldn't be considered to be a "secondary" or a "minor" road, especially if there is a proposal for a future development in that area. CDD/DeStefano conveyed the following comments made by Audrey Hamilton: the term if in the phrase "an environmentally sensitive corridor" should be replaced by the word "roadway;" the definition for the "corridor" could be too environmentally sensitively written by discouraging single occupant vehicles; and the roadway should be on the east side of the Sphere of Influence thus taking it out of Tonner Canyon and out of the Significant Ecological Area. C/MacBride, referring to the suggestion made by Greg Hummel to put the improvement of the 57/60 interchange first on the list of issues on page V-4, inquired of staff if the goals, strategies and objectives are all prioritized in order of immediacy and urgency. If not, would a caveat stating that the structure is not prioritized be appropriate. CM/Belanger stated that there is not, nor is it intended, that any priority, as it relates to these issue statements, be JUNE 16, 1993 PAGE 9 taken from the order by which they are listed. There are a variety of means available to the Council for stating policy in terms of priority. There is no implicit or implied prioritization in any element of the General Plan. Dale Beland stated that there was never any intention to establish directly or indirectly any prioritization of issue statements. By doing so, it would defeat one of the major functional aspects of the General Plan and restrict flexibility in future decisions unnecessarily. The concern can be responded to by a caveat that explicitly says that there is no priority. MPT/Papen suggested that the word "proposed" be deleted from strategy 2.1.4, on page V-6. Another issue that needs resolving is the inconsistency between Issue Analysis #4 on page V-3, and strategy 1.1.5 on page V-5, as pointed out by CM/Belanger. CM/Belanger explained that, since it is the intent to remove reference to Tonner Canyon for the purpose of constructing an alternative environmentally sensitive regional transportation corridor around the City of Diamond Bar, in accordance with the statement now on strategy 1.1.4 on page V-5, then there will be internal inconsistency through the balance of the General Plan and the Circulation Element as it relates to specific references to Tonner Canyon. C/Werner requested that figure V-1 extend Grand Ave. and Chino Hills Parkway to their intersection. RECESS: M/Miller recessed the meeting at 9:55 p.m. RECONVENE: M/Miller reconvened the meeting at 10:00 p.m. M/Miller directed the discussion to the Resource Management Element. Dale Beland, in response to a comment made by Mr. Gross, clarified that because the certified EIR describes a series of impacts or worst case analyses, which is a much larger impact than what this particular draft would involve, then that EIR document can suffice with the addition of the addendum document. Dale Beland stated that the issues in the 1992 General Plan Resource Management Element are still relevant, with the exception of one added on page III -12, which is now identified as strategy 1.3.9 and is consistent with what was added to the Land Use Element regarding discussion with neighboring jurisdictions regarding the location of the recreational water facility. Don Schad stated that there are still blueline streams, ridge - lines, hills, slopes and other such natural features in the JUNE 16, 1993 PAGE 10 City that need to be preserved. Barbara Beach-Courchesne stated that if the City complies with the statement on page III -1, bullet one, referring to the creation and retention of open space system which will conserve natural resources, the majority of the residents will be appreciative. CM/Belanger stated that the goals and strategies in the Resource Management Element deal with a significant number of concerns expressed related to open space, preservation and conservation. It is important to remember that it is essential that all the Elements are read together, not as separate elements that do not relate to each other. C/MacBride pointed out that Objective 1.2, on page III -10, also encourages the maintenance, protection and preservation of biologically significant areas, including SEA #15, riparian areas, oak and walnut woodlands and other areas of natural significance. MPT/Papen, referring to page III -3, last paragraph, requested staff to check with Caltrans to verify that route 57 is actually a State scenic highway. If the legislation was not passed, then the City should consider implementing, as one of our goals, to achieve the freeway section from the County line up to the interchange as a scenic corridor. M/Miller directed the discussion to the Public Health & Safety Element. Dale Beland stated that the Public Health & Safety Element addresses geology, seismicity, flooding, fire protection service, crime protection, emergency services, hazardous materials, air quality and noise. The MEA is an integral part of this Element because it contains substantive background material which identifies resources relevant to this portion of the Plan. There are not substantial changes to the document. Dale Beland, in response to C/Werner, stated that the noise contour map was adopted as part of the General Plan last year, and staff will make sure that it is included as part of this document. He pointed out that on page IV -4, under Noise, there is also a description of noise impact area as measured from the freeway centerlines, etc., which is a textural way of achieving the same objective. M/Miller directed the discussion to the Public Services & Facilities Element. Dale Beland stated that the Public Services and Facilities Element deals with issues of planning construction. There is no change necessary to achieve internal consistency with the rest of the draft status. JUNE 16, 1993 PAGE 11 At the request of CM/Belanger, Mr. Beland explained that there is an overlap of issues and strategies between the Elements to assure coverage of those issues that receive public scrutiny, and to facilitate consistency, even to the point of risking redundancy. This document, with the adjustments made, responds adequately to the legal mandate of the code, in terms of format and substance. Barbara Beach-Courchesne stressed the need for more time to read and study the document, even though it is the same document in the 1992 General Plan. MPT/Papen suggested that there be another Public Hearing held on June 29, 1993 rather than June 23, 1993, as indicated earlier in the meeting. The Council concurred. Norman Beach-Courchesne, referring to item C, Public Services & Facilities, on page IV -3, inquired if the City is intending to construct a new City Hall at a future date. CM/Belanger stated that in all likelihood, there would be other uses in a civic center besides a City Hall. C/MacBride, referring to page VI -401 strategy inquired if there has been any change in status in the plans to locate a reservoir in upper Tonner Canyon. MPT/Papen pointed out that the RTD bus system, as referred on page VI -2, last paragraph, is now the Metropolitan Transportation Authority (MTA), and that Foothill Transit serves the San Gabriel Valley and D.B. C/Werner requested that strategy 1.3.1, on page VI -5, be updated regarding the Pomona Unified School District High School. CM/Belanger requested that subparagraph (b) be added to strategy 1.1.5, on page VI -4, to deal with working with the City of Industry on locating a reclaimed water reservoir in the Tres Hermanos area. C/MacBride suggested subparagraph (c) also be added to strategy 1.1.5, on page VI -4, regarding the City of Industry's proposed MRF, because it impacts D.B. tremendously. There should, at least, be a map included that alerts us to the factors impacting the City. C/Forbing pointed out that the Introduction on page I-2, last paragraph, indicates that the General Plan must be a comprehensive planning document covering not only the geographic area within the City boundaries, but also the areas adjacent to the City that bear a reasonable relationship to City planning. MPT/Papen suggested that a more general statement monitoring JUNE 16, 1993 PAGE 12 applications regarding waste facilities about be added to strategy 1.1.5, on page VI -4. The Council concurred. M/Miller directed the discussion to the Housing Element. Dale Beland stated that the changes proposed are dependent on the resolution of land use detail, to be determined. However, page II -4 was revised to give a summary of housing stock as it exists today. An update on the numbers will be submitted for the Council's review by the next meeting. There is no need for any basic policy change in the document as a result of the discussion to date. Staff is currently working on the concerns expressed by HCD regarding the status of the draft. C/Forbing questioned that there are 9 million people living in the unincorporated areas of L.A. County, as indicated in the document. MPT/Papen, referring to page II -12, stated that low medium density residential should be 3.1 to 5.0 to be consistent with the Land Use Element. C/Forbing noted that the land use designation for Tres Hermanos, as indicated on page II -12, needs to be changed to Agricultural. MPT/Papen stated that table II -5, cost estimate for a new single housing unit in Diamond Bar, on page II -17, is obsolete and should be updated. 3. ANNOUNCEMENTS: M/Miller directed staff to contact those individuals whose names and addresses are on the sheet passed around at an earlier meeting to notify them of the meeting scheduled for June 29, 1993. He then reported that the draft General Plan is being referred to the Planning Commission for its review and recommendation to the City Council no later than June 29, 1993. 4. ADJOURNMENT: There being no further business to discuss, M/Miller adjourned the meeting at 7:45 p.m. to June 29, 1993 at 7:00 p.m. ATTEST: Mayor Lynda Burgess, 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 Rim and Counclmember Forbing FROM: Linda G. Magnusont','�(Accounting Manager SUBJECT: voucher Register, July 6, 1993 DATE: July 1, 1993 Attached are the Voucher Registers dated July 6, 1993. You will notice there are two voucher registers. This is due to the Fiscal Year ending June 30. There is a register for expenditures allocated to FY92-93 and one for FY93-94. As requested, the Finance Department is submitting the voucher registers 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 listings of vouchers dated July 6, 1993 have been audited approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION 001 General Fund 112 Prop A Fund 115 Int. Waste Mgt. Fund 118 Air Quality Mgt. Fund 125 CDBG Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 227 Traffic Mitigation Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: Linda G. Magn o Accounting Manag r it errence L. Belanger City Manager AMOUNT $699,225.59 1,847.03 7,272.00 17,250.72 1,693.00 5,594.10 11,791.63 417.72 450.00 38.898.00 $784,439.79 Phyllis E. Papen Mayor Pro Tem John A. Forbing Councilmember RUNTIME: 13:1481/81/93 VOy UCoHf DiER RaEmSoInSd TEBR a + DUE THRU.............07/06/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TN-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION ---------------------------------------------------------------------------------- ARA Services 141.33 ARAService 34.64 Senl Plan Mtg -85/12 227.33 881-4818-2325 83 30706A 86/38 86/38 1567 881-4895-4268 11 30706A 86/38 86/38 1567 881-4218-4228 53 30706A 86/38 86138 1567 ARA Services 8,839.92 ARAService 3,261.60 Landscape Maint Cont 5,698.08 881-4816-2325 84 38786A 86138 86/30 1567 881-4818-2325 85 30706A 86/38 06)38 1567 Accurate Landscape 500.06 86/38)93 0000021255 Accurate 1,080.88 TOTAL DUE VENDOR --------> 8.02 138-4538-2218 28 30706A 06/38 86/38 26704 139-4539-2210 23 38706A 66/30 06/30 26705 138-4538-2218 27 30706A 06/38 06/38 28194 001-4555-5508 24 30706A 06/36 06/30 26795 139-4539-2218 22 30706A 86/38 06/30 28795 Accurate Landscape Accurate 138-4536-5588 30 30706A 01/1420 139-4539-5508 25 30706A 0111421 Advanced Logic Research AdvLogic 118-4098-6230 12 30706A 81/1594 Armentrout, Phil 801-4440-4840 Averback Company 081-4810-7288 001-4818-7280 Armentrout 38 36766A Averback 17 31766H 16 30706H 06/38 06/30 28916 06/30 06138 28911 06130 06/30 223664 06/38 06/38 87101 06/30 87/81 86/30 Best Lighting Products BestLtg 001-4322-2210 16 38786A 0511466 06/38 86/38 L67922 PAGE 1 + + PREPAID + + AMOUNT DATE CHECK -------------------------- Council Mtgs-5-4, 5/18 141.33 Econ Dev Mtg-5181 34.64 Senl Plan Mtg -85/12 227.33 TOTAL DUE VENDOR --------y 483.32 Sheriff Qtrly Mtg-319 389.18 CCouncil Mtgs-3/2,3/16 154.69 TOTAL DUE VENDOR --------> 544.39 Maint Supplies-LLADt38 187.42 Maint Supplies-LLAD239 290.52 Tree Maint-Medians 218.00 Weed Abatement-CHills Pky 2,558.00 Weed Abatement-LLAD139 5,594.00 TOTAL DUE VENDOR --------> 8,839.92 Landscape Maint Cant 3,261.60 Landscape Maint Cont 5,698.08 TOTAL DUE VENDOR --------; 8,959.60 Camouter Equipment 3,866.53 TOTAL DUE VENDOR --------> 3,866.53 Emer Co-ord 6/1, 6116 575.08 TOTAL DUE VENDOR --------> 515.08 Bond Renewal -CM 6 Treas 500.08 06/38/93 8000321255 Bond Renewal-Acctg Mgr 500.06 86/38)93 0000021255 TOTAL PREPAID AMOUNT ----> 1,080.88 TOTAL DUE VENDOR --------> 8.02 Lighting Maint - Reagan 447.56 TOTAL DUE VENDOR --------) 44736 RUN TINE: 13:14 07/01/93 City V 0 UCof Diamond BH E R R E 6 I 5 T E R a + DUE THRU.............07/06/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION -------------------------------------------------------- PAGE 2 { t PREPAID t i AMOUNT DATE CHECK -------------------------- Bays Club/San Gabriel Vly BoysClub 30706F 07101 06/30 001-4555-5520 13 30706A 06130 06/30 Graffiti Removal - May 2 140.00 TOTAL DUE VENDOR --------> 2,140.09 Brea, City of BreaCity Charles Abbott 6 Asc 001-4350-5300 33 30706A 06130 06/30 30305 Contr Svcs -Revenue Bonus 19,166.36 TOTAL DUE VENDOR --------} 16,166.36 Brea, City of BreaCity 07/01 06/30 Engr 001-4350-5380 34 30706A 06/30 06130 30306 Contr Svcs -May b June 42,464.00 206 30106M 07/01 07/01 TOTAL DUE VENDOR --------} 427464.09 Burgess, Lynda BurgessLyn 06/30/93 0000021253 001-2300-1010 001-4040-2325 001-4040-2390 9 30706A 06/30 06/30 City Clerk Asn Mtg-6117 25.00 Svcs -FPL 93-06 12 30706F 07/01 06/30 Precinct Maps -11/93 Elect 6.44 55 301064 07101 TOTAL DUE VENDOR --------} 33.40 CEWAER CEWAER 06/30/93 0000021253 001-4551-5221 05693 091-4010-2330 54 30706M 07101 06/30 Meeting 3/24-Papen 50.00 06/30/93 000002125h Svcs -April 6,170.00 06/30/93 TOTAL PREPAID AMOUNT ----} 50,00 25 301064 07101 TOTAL DUE VENDOR --------} 0.00 COMP USA CompUSA 06/30/93 0000021253 601-4090-6230 16 30706A 01/1593 06/30 06130 217262200 Computer Equipment 230.56 Svcs -Plan Review 3,113.75 06/30/93 TOTAL DUE VENDOR --------> 230.56 CSULB-Foundation CSULBFdn 001-4510-2340 16 301064 07101 06/30 EIT Exam Review -Garvey 475.00 06/30/93 0000021263 TOTAL PREPAID AMOUNT ----} 475.00 TOTAL DUE VENDOR --------> 0.00 Charles Abbott I Asc Inc CharlesAbb 114-4515-4000 4 30706F 07101 06/30 Prof Svcs -Solid Waste Adm 3,915.00 TOTAL DUE VENDOR --------> 3,975.00 Charles Abbott 6 Asc Inc CharlesAbb 001-2306-1010 001-2300-1010 204 205 307064 30706M 07/01 06/30 Engr Svcs -FPL 92-19 656.35 06/30/93 0000021253 001-2300-1010 206 30106M 07/01 07/01 06/30 06/30 Engr Svcs -FPL 92-30 63.66 06/30/93 0000021253 001-2300-1010 207 36706M 07/01 06/30 Engr Svcs -FPL 93-06 303.05 06/30/93 0000021253 001-4551-5221 55 301064 07101 06130 Engr Svcs -FPL 93-009 95.00 06/30/93 0000021253 001-4551-5221 05693 56 30706M 0711 06/30 Engr Svcs -April 6,170.00 06/30/93 0000021253 001-4551-5223 25 301064 07101 Engr Svcs-April,Eewer Dis 1,710.00 06/30/93 0000021253 06/30 Engr Svcs -Plan Review 3,113.75 06/30/93 0000021253 *** RUN TINE: 13:14 87/81/93 Cit U ty 0 UC of Diamond Ba *f H E R R E G I S T E R PAGE 3 DUE THRU............. OT/0b,93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/40. ENTRY/DUE INVOICE DESCRIPTION * *PREPAID # { ------------------------------------------------------------------ AMOUNT DATE CHECK Charles Abbott I Asc Inc CharlesAbb (CONTINUED) 112-4553-5528 17 30706M 01/01 86130 Engr Svcs-April,Transit 168.88 06/38/93 0800821253 TOTAL PREPAID AMOUNT ----j 14,893.75 TOTAL DUE VENDOR --------> 0.00 Clayton Engineering Inc. ClaytnEnor 253-4310-6415 84693 101 30706H 87/01 06/30 Heritage Prk Construction 38,898.00 TOTAL DUE VENDOR -------- 38,898.00 Community Sweeping Servic ComDisposl 081-4555-5501 15 30706A 06/38 06/38 23191 Street Sweeping -May 7,950.48 TOTAL DUE VENDOR --------; 7,958.46 Computer Support Computr5up 801-4090-6230 18 30706A 01/1595 06/38 06138 121801 Arts&Letters Upgrade 109.80 TOTAL DUE VENDOR --------- 109.00 Cotton/Beland Assoc CotBelAsso 881-4210-4228 54 30706A 06/30 86/38 3033 Sen Plan Prof Svcs 12,456.98 TOTAL DUE VENDOR --------> 121456.94 D. B. Chamber of Commerce DBChamber W-4095-4260 12 30706A 86/38 06/38 Economic ResourceBrochure 9,638.15 TOTAL DUE VENDOR --------> 9,638.15 D. B. Improvement Assoc. DBIA 112-4360-2115 4 381863 06/36 86/30 Ad -Metrolink Shuttle 335.00 TOTAL DUE VENDOR -------- 335.00 DataQuick Dataiiuick 881-4218-2320 27 34716B 81/1583 06/30 06/30 Estbl Fee -Data Base Syste 200.00 TOTAL DUE VENDOR --------y 200.80 Department of Justice Dept3ustic 081-4358-5380 36 30706M 81/01 86/30 Finger Print Processing 54.88 06138/93 8888821248 TOTAL PREPAID AMOUNT ----) 54.08 TOTAL DUE VENDOR --------> 8.80 a+� RUN TIME: 13:14 07/01/93 City V 0 UCof Diasontl BH E A R E G I S T E R a #tt DUE THRU.............@7/06/93 VENDOR NAME VENDOR I0. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION -------------------------------------------------- Dept of Consumer Affairs DeptConAf 001-4510-2340 17 301e6M 01/01 06130 Reg EIT Exas-Garvey TOTAL PREPAID AMOUNT ----> TOTAL DUE VENDOR -------- Eastman Inc. 001-4210-1208 001-4090-1200 001-4058-1380 001-4090-1700 041-4050-1200 001-4090-1208 @01-4210-1208 081-4210-1200 801-4050-1200 001-4090-1200 601-4210-1200 Eastman Inc. 001-4040-1100 601-421@-1100 @@1-4218-1100 @@1-4516-1100 001-4818-1180 001-4090-1100 081-4510-1100 001-4210-1100 001-4210-1100 0@1-4210-1200 Eastman 24 307068 39 307068 1 30706D 36 307068 22 307868 37 30706B 26 30706B 25 30706B 23 307068 36 301068 23 30706E Eastman 28 307068 25 30706B 22 307068 20 30706B 12 30706B 64 30706B 21 307068 24 367068 23 307068 27 387068 Ewing Irrigation Products Ewing 081-4556-55@8 53 301068 FOIA Federal Credit Union FBACreditU 001-2118-1009 50 30706M 06/38 06/38 010560797 06130 06/30 010620295 06/30 06/38 810620300 @6130 06/30 010620383 06/30 06/30 @10620354 e6[30 @6/30 810620358 06/30 06130 010622681 @6/38 06/38 010628126 06130 06138 018641022 06/36 06/30 016645835 06/30 86/38 010645846 06130 06/30 06/30 @6/30 010500321 06/36 86130 010507011 e6/30 06/30 010516036 06/38 06/30 010523050 06/30 06130 010523875 06/30 06130 010558829 06/30 06/30 018564739 06!38 86130 018564740 06/30 06/30 010564742 06/30 06/30 642796 07101 06/30 Supplies -Planning Supplies-CClerk Supplies -Finance Supplies -Gen Govt Sucalies-Finance Supplies -Gen Govt Supplies-Planning(CrMema) Supplies -Planning Supplies-Finance(Cr Memo) Supplies -Gen Sovt Supplies -Planning TOTAL DUE VENDOR --------> Supplies -C Clerk Supplies -Planning Supplies -Planning Supplies -Public Wks Supplies -C Council Supplies -Sen Govt Supplies -Public Wks Supplies-Planning(CrMeso) Supplies-Planning(CrMemo) Supplies-Planning(CrMeso) TOTAL DUE VENDOR --------) Irrigation Supplies TOTAL DUE VENDOR-------- P P/R Deductions -PP 12 AMOUNT 25.00 06/30/93 25.@6 0.00 178.56 1.97 21.17 74.29 326.92 4.07 156.85- 165.65 245.19- 129.51 77.53 589.63 10.83 163.60 7.99 6.12 308.51 52.37 39.29 ,11.54- 16.63- 3.99- 512.55 133.34 133.34 1,718.00 86/30/4; TOTAL PREPAID AMOUNT ----) 1,718.8@ TOTAL DUE VENDOR --------) 0.80 *** RUN TIME: 13:14 01/81/93 Cir V ty 0 UCof Di asa nd B a*** H E R R E 6 15 T E R PAGE 5 DUE THRU.............07/26/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION * *PREPAID ------------------------------------------------------------------ AMOUNT DATE CHECK FKM Copier Products FKM 801-4090-1108 66 30706" 01/1591 06/30 06/38 247356 Toner -Xerox 1890 153.57 TOTAL DUE VENDOR --------> 153.57 Federal Express Corp. FPGEHDres5 881-4210-4228 55 30706C 06/30 06130 499752893 Express Mailing -Planning 21.75 TOTAL DUE VENDOR --------> 21.75 GTE California GTE 881-4848-2125 14 30186" 06130 06/30 Modus Svcs -June 15.51 TOTAL DUE VENDOR --------> 15.51 6TE California GTE 801-4848-2125 15 30786C 86/30 06138 Modus Svcs -C Clerk 15.51 TOTAL DUE VENDOR --------> 15.51 GTE California GTE 881-4313-2125 27 30706C 86/30 86130 Heritage Park -Phone Svcs 53.83 TOTAL DUE VENDOR --------} 53.63 GTE California GTE 881-4331-2125 6 30706C 06/36 06/30 Sycamore Cyn -Phone Svcs 222.06 TOTAL DUE VENDOR --------> 222.16 STE California 6TE 081-4331-2125 7 38706C 86130 86/30 Sycamore Cyn -Phone Svcs 102.69 TOTAL DUE VENDOR --------> 102.69 Gardner Communications GardnerCos 801-4095-2358 4 31716M 07101 06/30 Summer Newsletter 16,491.89 TOTAL DUE VENDOR --------> 16,491.89 Goldenberg, Mike Goldenberg 001-4358-4188 29 30706M 07101 06/38 PIR Com -April thru June 120.80 TOTAL DUE VENDOR --------> 128.81 Gonsalves I Son, Joe A. Gonsalves 081-4818-4880 15 31186C 06/30 86/38 Prof Svcs -June 2,188.08 TOTAL DUE VENDOR -------- 2,100.04 +tf Ciar ftp RUN TINE: 13:1407/01/93 VtOy UCoHf DiER RaEmGoInSd TEBR DUE THRU.............07/06/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION ---------------------------------------------------------- Hentges, Nally 686 801-3'+78 300 30706C Highlander Publications Highlander 881-4210-4220 57 30706C 01/1567 Hinderliter De Llamas Hinderlitr 001-4090-4010 4 30706F Hose Depot HaseDepot 001-4310-1280 146 30706C 01/1597 001-4310-1300 10 30706C 01/1589 Hunter, Christine HunterGrap 001-4218-1288 28 30706C ICMA ICMA1 001-1230 5 30706N 001-4030-2330 45 307060 Image IV Systems Inc. Isage4Sys 801-4890-2188 38 31716C 001-4096-2100 31 30766C Inland Valley D1y.Bulletn IVDB 001-4210-4220 59 30706C 8111566 Inland Valley Dly Builetn IVDB 081-4840-2115 51 38706C 081-4553-2115 4 30706C 801-4040-2115 52 30706C 001-4040-2115 53 38706C PAGE i PREPAID f f AMOUNT DATE CHECK ---------------------------- 06/38 06/30 Recreation Refund 50.00 TOTAL DUE VENDOR --------> 50.00 06130 06/30 Gen Plan 1/4 Page Ad 1,163.60 TOTAL DUE VENDOR --------> 11183.60 01/01 06/30 Cant Svcs-SalesTx 2nd qtr 900.06 TOTAL DUE VENDOR --------> 908.80 86/38 06/30 Supplies -Parks Stage 696.19 06730 06/30 Rotor Hasler Drill 177.53 TOTAL DUE VENDOR --------> 873.72 86/38 06/30 Nave Plates -Ping Cosmissn 35.27 TOTAL DUE VENDOR --------> 35.21 07/01 06/30 Conf Reisburseable-CMgr 195.80 06/30/93 0000021259 07/81 06/30 Conf Reg -9/15-22, CMgr 435.88 06130/93 8000021259 TOTAL PREPAID AMOUNT ----> 638.08 TOTAL DUE VENDOR --------> 0.64 06/30 86/36 107160 March Copier Maint 167.26 06/38 06130 116522 May Copier Maint 314.67 TOTAL DUE VENDOR -------- 482.13 06/30 06/30 1/4 Page Ad -Gen Plan 1,526.60 TOTAL DUE VENDOR --------> 1,526.80 06/30 06130 39771 Adv Bids -Irrigation 38.88 06/30 06/30 48242 Pbl Ntce-Signs RollingKnl 17.19 06/38 06/30 40337 Pub Hrg-Hamburger Haslet 45.13 86/30 06130 dc42596 Pub Hrg-Congestion Mgt P1 35.63 TOTAL DUE VENDOR --------> 128.83 a*f Ct�� RUN TINE: 13:14 !7/01/93 ity V O UCof Qia■ond Bar H E R A E 6 I S T E R DUE THRU.............07/06/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION ---------------------------------------------------------- Inland Valley Dly Bulletn IVDB 001-4040-2115 54 3A106C Inland Valley Dly Bulletn IVDB 001-4210-2115 66 30706C 00174210-2115 64 30706C 001-4210-2115 65 30706C 001-4210-2115 66 30706C 001-4210-2115 67 30706C Inland Valley Dly Bulletn IVDB 001-4553-2115 3 31786C Inland Valley Dly Bulletn IVDB 001-4210-4220 6t 34706C 001-4210-4220 60 30706C Int'1 Business Equipwent InBusEquip 001-4090-2200 41 30766C 0711451 001-4090-2200 42 30706C 08/1451 001-4090-2200 43 30706C 09/1451 Jennings Engstrand JenningsEn 001-4020-4021 46 30706C Johnson, Steve JohnsonSte 001-4350-4100 27 34746H Jones Intercable Inc. JonesInter 601-4210-4226 62 30706C 06/30 06/30 dc41618 Bid Notice -Olde Sag Rehab TOTAL DUE VENDOR -------- 06130 06/30 dc39341 Pub Hrg-DR93-1 06/30 06/30 dc39779 RFP -Landscape Arch 06/30 06/30 dc40809 Pub Hrg-ADR93-7 06/30 06/30 dc41101 Pub Hrg-ADR 93-5 06130 06/30 dc41713 Pub Hrg-PSP 93-2 TOTAL DUE VENDOR -------- 06/30 06130 dc38720 Pbl Ntce-Signs RollingKnl TOTAL DUE VENDOR --------i 06/30 06130 dc41668 Gen Plan Hrg-06128 06/30 06/30 dc41973 Gen Plan Hrg-01/06 TOTAL DUE VENDOR -------- 06/30 06/36 002700 Xerox Maint-June 06130 06/30 2700 Copy Charge -June 06130 06130 2700 Service Copy Credit TOTAL DUE VENDOR -------- 06130 06/30 Legal Svcs -Prop Tx TOTAL DUE VENDOR -------- 07/01 06/30 PIR Come -Feb thru June TOTAL DUE VENDOR -------- 06/30 06/30 Pub Svc Announcement-SPin TOTAL DUE VENDOR -------- PAGE 7 f PREPAID t AMOUNT DATE CHECK --------------------------------- 128.25 128.25 59.38 21.36 61.75 66.54 64.13 273.14 26.13 26.13 477.38 477.36 954.76 261.00 634.34 7.15- 908.19 43.12 43.12 200.00 200.00 898.00 898.00 RL'N TIME: 13:14 87/01/93 +# C / i{ OUCHEP, P.E6ISTER t y o f D i a m o n d B a r { DUE THRU.............07/06/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION ----------------------------------------------------------- PAGE 6 t t PREPAID t + AMOUNT DATE CHECK -------------------------- Jostens Inc. JostensInc 881-4348-1250 186 38706!1 07181 86/30 465746 Grad Caps3Tassels-TinyTot 143.76 TOTAL DUE VENDOR---------- -------;K KI V Blueprint Service K6VBlueprt 881-4510-2110 7 387066 66130 06/30 1105 Prtg Plans-Gldn Spgs Proj 321,50 TOTAL DUE VENDOR -------) 321.58 Kens Hardware Kens 801-4310-1200 147 30/86D 86/35 06/30 Parks Maint Supplies 364.00 TOTAL DUE VENDOR --------> 364.80 Kleinfe!der Kleinfeldr 001-4554-5221 5 307066 01/1541 06130 86/30 582796 GeoTech Svcs-GldnSpg 1,800.80 TOTAL DUE VENDOR ---------) 1,808.00 Kueter, Debbie 681 601-3474 46 30706D 06130 06/30 Recreation Refund 45.88 TOTAL DUE VENDOR --------} 45.80 L A County Tax Collector LACTaxCol 001-4098-6305 1 34706M 07/01 06/30 quitclaim-Prp Tx-Prospctr 874.28 06/30/93 0808021262 TOTAL PREPAID AMOUNT ----} 814.28 TOTAL DUE VENDOR --------} 8.08 L A County Tax Collector LACTaxCol 061-4090-6365 2 38766H 01/01 06/30 quitclaim-Prp Tx-Prospctr 748.40 06/30/93 0080021261 TOTAL PREPAID AMOUNT ----} 740.40 TOTAL DUE VENDOR --------} 0.88 L.A. County -Sheriff's Dep LACSheriff 001-4411-5401 001-4411-5401 27 387060 26 30706D 06/38 06/30 12851 Adj Annual Rt -Motorcycles 6,624.57 001-4411-5481 25 30706D 86138 06/38 12905 Adj Annual Rate-Suppentl 691.39 06/30 06138 12908 Helicopter Svcs -April 49.43 TOTAL DUE VENDOR --------> 7,365.39 L.A. County -Sheriff's Dep LACSheriff 001-4411-5401 28 307060 06/30 06/30 12698 May Contract Svcs 279,732.80 TOTAL DUE VENDOR -------> 279,732.60 t+t Cttf RUN TIME: 13:14 07/01/93 ity V 0 UCof Diadond BH E R R E 6 I 5 T E R ar PAGE 9 DUE THRU.............O7/06/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TI-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION f +PREPAID + + AMOUNT DATE ------------------------------------------------------------------- L.A.Caunty Public Yorks LACPubYk 001-4555-5507 24 307066 06/30 06/30 Maint Signals d Safety Lt 3,893.39 TOTAL DUE VENDOR --------} 3,893.39 L.A.County-Dist. Attorney LACDistAtt 001-4020-4021 49 30706D 06/30 06130 Legal Svcs -April 18.74 TOTAL DUE VENDOR --------} 18.74 LA Cellular Telephone LACellular 601-4030-2125 26 307060 06/30 06/30 June Cellular Svcs-CMgr T6. TOTAL DUE VENDOR --------> 78,12 LA County Agriculture Coo LACAgric 141-4541-5500 25 30706D 06/30 06/36 16991 Pest Control -April 313.64 TOTAL DUE VENDOR --------i 313.84 LAC Information Tech LACInfoTec 001-4310-2340 4 30706D 06/38 @6/30 Training-Fritzal, Barlow 150.00 TOTAL DUE VENDOR --------> 150.00 League of Ca. Cities League 601-4010-2330 55 30706M 07101 06/30 Executive Forum-Papen 160.00 06/30/93 .y TOTAL PREPAID AMOUNT ----> 160.00 TOTAL DUE VENDOR --------} 6.00 Lee, Sockhee 693 001-3476 301 307O6D 06136 06130 Recreation Refund 28.00 TOTAL DUE VENDOR --------> 26.00 Leighton and Associates Leighton 001-4551-5221 54 3O706D 06/30 06/36 COA-Grading Permit T47651 506.00 @01-4551-5224 4 30706D 001-4551-5221 06130 06/30 18168 GeoTech-landslide 723483 1,459.90 53 30706D 06/30 06/30 79389 GeaTech-TT46485 969.50 TOTAL DUE VENDOR --------} 2,935.40 Lewis Engraving Inc. LewisEnara 001-4095-2110 10 30786D 06/30 06/30 Tiles -Students of the Yr 38.49 TOTAL DUE VENDOR --------} 38.49 ++f Car +++ RUN TIME: 13:14 67/81/93 ity V 0 UCof Diamond B H E R R E G I S T E R DUE TNRU.............81/86193 PAGE 18 VENDOR.NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DAT+E CHECK: + PREPAID + + ------------------- ------------------------------------------------------------- Lithographics Lithograph 881-4358-2118 112-4553-5526 4 30706D 13 38706D 86/20 06/30 Concert in Park Flyers 434.36 112-4553-5528 14 30706D 86/38 06/38 86/38 06/38 Metro Rail Flyer 18.50 76.69 681-4316-2218 15 Metro Rail Flyer 6.88 86/38 4623 Irrigatn TOTAL DUE VENDOR -------- 450.86 Little Red School House LittleRed 30786E 87/81 86130 881-4350-1200 105 38706M 87/01 86/30 528147 Craft Supplies -Tiny Tot 121.62 19 30106E 87101 TOTAL DUE VENDOR --------) 121.82 Los Angeles County LACIntSvc 83.69 e81-4331-2210 13 001-4090-2138 44 30706D 06/38 06/30 686 Pager Services -April 78.38 Supplies -Reagan Pk 636.58 081-4326-2218 TOTAL DUE VENDOR --------> 78.36 Lucky's Grocery Store Lucky's 06/30 4827 Irr 081-4358-1208 104 38186M 07/01 06/38 Grad Cake -Tin Tots P Y ge 45.98 06/38/93 0888021247 07/81 86/36 4828 TOTAL PREPAID AMOUNT ----) 45.96 241.65 TOTAL DUE VENDOR --------) 8.08 Manari Signs ManariSign 801-4555-5586 112-4553-5528 69 38706E 81/1585 07101 06/30 Signs -`No Fireworks" 644.35 16 30706E 8111592 01/01 86/30 14944 -IN Metrolink Signs 299.01 TOTAL DUE VENDOR --------) 943.36 Mariposa Horticultural Mariposa 081-4311-5380 881-4313-5308 21 30766D 88/1418 86130 86/30 Landscape Maint. 1,038.82 681-4316-5388 24 38106D 02/1416 21 30746D 04/1418 86/30 06/38 Landscape Maint. 686.86 801-4322-5388 23 30706D 03/1418 06/30 86/30 06/30 86/38 Landscape Maint. 658.64 601-4325-5380 22 34706D 85/1418 86/30 06/30 Landscape Maint 1,038.62 081-4328-5306 22 34746D 07/1418 86/38 06/38 Landscape Maint. 4P9,94 801-4331-5388 34 381060 88/1418 86/38 86/38 Landscape Maint. 1 545.11 001-4319-5308 15 30766D 81/1418 06/38 86/38 4821 Landscape Maint. Landscape Maint. 1 583.03 1,268.78 TOTAL DUE VENDOR --------) 8,454.80 Mariposa Horticultural Mariposa 681-4318-2210 881-4319-2218 48 24 38186E 30106E 07/81 06/38 4822 Restroom Maint-Supplies 76.69 681-4316-2218 15 30766E 81/01 86/38 4623 Irrigatn Repairs -Peterson 1,109.02 001-4311-2218 6 30786E 87/81 86130 4825 Irr Supplies-Maplehill Pk 28.15 801-4322-2210 19 30106E 87101 86/30 4826 Irr Supplies -Paul Grow Pk 83.69 e81-4331-2210 13 30706E 81/81 86/38 4626 Irr Supplies -Reagan Pk 636.58 081-4326-2218 13 30706E 0I/01 06/30 4827 Irr Supplies -Sycamore Cyn 501.93 07/81 86/36 4828 Irr Supplies-Summitridge 241.65 TOTAL DUE VENDOR --------> 2,877.83 t++ City of Diaeond Bar +++ RUNTIME: 13:1407/01/93 VOUCHER, RE5I9TER DUE THRU.............07/06/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION -------------------------------------------------------------- Mariposa Horticultural Mariposa 901-4313-2210 10 39706E Medina, Raul MedinaR 001-4350-4108 28 30706M Mitchell Pest Control Inc MitchellPe 001-4555-5509 42 38786E 01/1566 Mobil 4697 Mobil 001-4210-2310 37 30706E 001-4210-2318 39 30106E 901-4318-2310 108 30786E 001-4218-2310 38 30706E 001-4218-2310 40 30186E 001-4310-2310 106 30186E 001-4090-2310 39 30106E 001-4310-2310 107 30106E 001-4310-2200 16 30106E 001-4210-2310 41 30796E 001-4210-2310 42 38106E Moore Iacofano Goltsean Moorelacof 001-4218-4220 63 38186E Mr. B's Computer Books MrBsCoeput 001-4090-6220 9 38186" Musselean, Toe 3 001-3472 28 30706D PAGE 11 + + PREPAID + + AMOUNT DATE CHECK -------------------------- 07101 06/30 4697 Tree Maint-Heritage Pk 120.00 TOTAL DUE VENDOR --------- 120.00 07/01 06/30 PIR Coe -Feb thru June 160.00 TOTAL DUE VENDOR --------> 166.04 07101 06/38 12344 Tree Spraying 400.00 TOTAL DUE VENDOR -------- 488.10 07101 86/30 K3869121 Fuel - Planning 11.72 07101 06/31 K3669412 Fuel - Planning 12.36 07101 06131 K3669526 Fuel - Parks I Maint 35.11 07181 06/36 K4574640 Fuel - Planning 21.67 07101 86/36 K4575185 Fuel - Planning 12,4E 07101 06/30 K4575303 Fuel - Parks I Maint 13.50 07/81 06/38 K4575336 Fuel - Gen Govt 15.80 07/01 86/30 K4515364 Fuel - Parks I Maint 34.80 07/11 06/30 K4575395 A/C Repair -Parks 126.55 07101 96138 K4575712 Fuel - Planning 16.54 07101 06/31 K4518151 Fuel - Planning 20.27 TOTAL DUE VENDOR --------> 319.76 67101 06/30 93-1235-03 Pro Svc -Gen Plan Revision 6,896.11 TOTAL DUE VENDOR --------) 6,896.11 81181 06/38 Computer Furniture 600.00 06/30/93 0000021257 TOTAL PREPAID AMOUNT ----) 680.88 TOTAL DUE VENDOR --------; 0.06 06/38 06/38 Recreation Refund 10.80 TOTAL DUE VENDOR --------> 10.80 RUN TIME: 13:14 07/01/93 y a# D i a e o n d g a r t t t VOUCHER RESI5TEA RASE 12 DUE THRU.............07/06/93 VENDOR NAME VENDOR ID. + t PREPAID ACCOUNT PROJ.T1-NO BATCH PO,IINElNO. ENTRY/DUE t + --------- INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------ "vers, Elizabeth MversE 091-4840-4800 001-4210-4000 23 307060 06/30 06130 Council Minutes -6/1 260.00 001-4210-4000 45 30706D 46 30706D 96138 0b/30 Sen Plan Mtg-6/2 388.80 801-4210-4080 47 30706D 06/30 06/30 06/30 06/30 Sen Plan Mtg-619 100.00 091-4310-4900 13 30706D 06130 06/38 Econ Res Plan - 6/10 228.00 001-4553-4800 14 30706D o 061,,0 9b/30 PAR Coe -5/21 220.00 TAT Mtg-6/10 208.00 TOTAL DUE VENDOR --------; 1,320,00 Nelson, Trent NelsonT 001-4350-5305 27 30706M 07101 06/30 Sound Equip -6130 488.00 06130193 0000021268 TOTAL PREPAID AMOUNT ----) 408.00 TOTAL DUE VENDOR --------> 6.08 Pat Tel Cellular PacTel 001-4030-2125 27 307066 07181 86/30 June Cellular Svc 77,50 TOTAL DUE VENDOR --------> 77,50 Pacific Time Recorder PacTimeRec 081-4030-2200 13 30706E 07101 06130 10662 Time Clack Repair-CMgr 95.53 TOTAL DUE VENDOR --------> 95.63 Parda, Cindy 697 001-3476 302 30106E 07/01 06/30 Recreation Refund 15.00 TOTAL DUE VENDOR --------> 15.00 Payroll Transfer PayrollTr 801-1020 70 30766H 01181 86130 Payroll Transfer - PP12 37,200.00 06/30/93 0880000012 TOTAL PREPAID AMOUNT ----) 37,200.00 TOTAL DUE VENDOR --------> 0.00 Perard, David PerardD 001-3420 17 30106E 87101 06130 Building Permit Refund 53.15 TOTAL DUE VENDOR --------> 53.75 Postal Instant Press PIP 112-4553-5528 16 30766H 07/01 06/30 Metra Link Flyers 151.06 86!30/93 0000021256 TOTAL PREPAID AMOUNT ----) 151.00 TOTAL DUE VENDOR --------> 8,08 RUN TIME: 13:14 ttt 07/81/93 Cit V 0 y UC of Di amond Ba ttt H E R R E S I S T E R PAGE 13 DUE THRU.............07/06/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINEINO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT t t PREPAID t t DATE ---------------------------------------------------------------------- CHECK Public Empl Retireaent PERS 601-2110-1006 001-2110-1088 101 30706M 102 36706M 01101 06/30 Retirement-PP11 2,!54.20 86/30/93 0000021251 87101 06/30 Retirement-PP11 21412.63 06/30/93 0000021251 TOTAL PREPAID AMOUNT ----} 4,561.03 TOTAL DUE VENDOR --------} g,0g R 6 D Blueprint RSDBIue 001-4510-2110 8 30706F 07/01 06/30 010360 Blueprint Svcs 19.29 001-4518-2110 9 30706E 01/01 06/30 010389 Blueprint Svcs 19,29 TOTAL DUE VENDOR --------; 38.58 A.H.F. Inc. RHFInc 001-4411-2200 15 30706F 07/01 06130 11396 Repair -Radar System 162.77 TOTAL DUE VENDOR --------} 162.11 Register, Lloyd 4 661-3472 29 30706F 07/01 06/30 Recreation Refund 15.00 TOTAL DUE VENDOR --------} 15.09 Repro Graphics Repro6raph 001-4090-2110 49 30706F 07101 06/30 Stationary Supplies 162.08 TOTAL DUE VENDOR --------> 162.00 Richards Watson 6 Gershon RichardsVa 061-4020-4021 50 30706F 07/01 06/30 Legal Svcs -Gen Plan Rev 4,118.25 TOTAL DUE VENDOR --------} 4,118.25 Roesch Lines Inc. RoeschLine 001-4356-5300 112-4360-5310 35 30766F 07/01 06/30 18350 Laughlin Excursion -6/19 14.51 21 38116F 01/01 06130 78356 Laughlin Excursion -6/19 219.44 TOTAL DUE VENDOR --------} 234.00 Rose, Bobby RoseB 001-4698-2315 4 30706F 07/01 06/38 City Mbrshp-Price Club 25.80 061-4356-1200 103 30706E 07/01 06/30 Supplies -Laughlin Excursn 63.56 TOTAL DUE VENDOR --------} 88.56 Rubalcaba, Sandra 696 061-3478 303 30706E 07/01 06/36 Recreation Refund 36.00 TOTAL DUE VENDOR --------} 36.06 *** Citof ** RUN TIME: 13:14 01/01193 V O y U C H E R Diamond BR E 6 I 5 T E R ar * DUE THRU.............47/06/93 PAGE 14 VENDOR NAME- VENDOR ID. SBVTribune 001-4210-2115 ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE -------------------------------------------------------------------------- DESCRIPTION * * PREPAID * + AMOUNT DATE CHECK Rutan d Tucker RutaniTuck 1 30706F 001-4820-4821 51 30706M @7181 06/30 Legal Svcs -DB Assoc 9,733.26 86/30/9 ,, 3 @88@821249 58 301866 TOTAL PREPAID AMOUNT ----; 9,733.26 36716F 001-4040-2115 TOTAL DUE VENDOR --------> 0.00 Ruzicka, Joseph T. Ruzi[W 801-4350-4108 26 38106.4 S 3 Y Plastics Inc. S6aPlastic 138-4538-6410 02993 13 307066 S.G. Valley Asn of Cities SGVAsnCity 001-4090-23t5 5 30706M S.S. Valley Asn of Cities S6VAsnCitV 001-4010-2325 66 38706.4 San Gabriel Vly Tribune SBVTribune 001-4210-2115 78 30766F @01-4210-2115 71 38106F 001-4510-2115 1 30706F 001-4040-2115 59 381066 001-4040-2115 58 301866 001-4210-4220 64 36716F 001-4040-2115 56 307066 001-4040-2115 51 301066 001-4210-2115 69 30766F 001-4040-2115 55 39766F Securicorp Intl Inc. Securicorp 001-4553-5531 13 307066 81181 06/30 PIRCom-Feb thru June 200.00 TOTAL DUE VENDOR --------- 20@,07 07/81 06/30 City Entrnce Signs-Stencl 35.99 TOTAL DUE VENDOR --------> 35.99 07/81 06/38 Annual Dues-FY93-94 1,536.80 06/38/93 000002!255 TOTAL PREPAID AMOUNT ----} 1,536.82 TOTAL DUE VENDOR --------> 8.88 07/01 06/30 Gen Mbrshp Mtg-Papen 28.10 86130/93�t;;: =,[ TOTAL PREPAID AMOUNT ----> 28.00 TOTAL DUE VENDOR --------; 6.00 81101 66/30 E No 2288 Pub Hrg - PSP 93-2 87161 06138 E No 2261 Pub Hrg - ADR 93-5 _55.84 52.46 01161 06/30 E No 2295 Bid Adv - 61dn Spgs Rehab 98.53 81/81 06/30 S6VT 2201 Notice -Rt Turn -Rolling Kn 21.24 07161 06130 SGVT 2218 Pub Hrg-Hamburger Hamlet 34.22 01101'06130 SGVT 2290 Pub Hrg - Gen Plan Rev 531.07 01181 06/30 SSVT 6171 Bid Ad -Irrigation 28.06 81181 06/38 SGVT 6172 Bid Ad -Landscape 14.75 07101 86/38 SGVT-2246 Pub Hrg - AOR 93-7 55.46 07101 86/30 SBYT2336 Pub Hrg-Congestion Mgt P1 26.32 TOTAL DUE VENDOR --------) 911.10 07/01 06/30 85698 Crossing Guards -May 6,116.85 TOTAL DUE VENDOR --------> 6,178.85 �f City of Diatand gar fit RUN TIME: 13:14 81/61/93 V O U CH E R R E G I S T E R DUE THRU.............07/06/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION ----------------------------------------------------------- Segura Deutchman Assoc, SeguraDeut 138-4538-5500 31 30706E Siecke, warren C. Sieckew 227-45t0-6412 02293 11 30706F 001-4553-5222 18 30706F 001-4553-5222 17 30706F Sir Speedy 001-4018-2110 112-4360-2115 601-4210-4220 SirSpeedy 14 30706G 5 30706F 65 30706F So. Ca. Joint Powers Ins. SCJPIA 001-4610-7200 16 3O706M Southern Ca. Edison SoCaEdison 091-4553-2126 13 30706H Southern Ca, Edison SoCaEdison 139-4539-2126 29 30706H 01/01 06/30 93191 07/01 0b/30 2915-9 07101 06/30 2976-8 01101 06130 2977-8 47/01 06130 07/01 06130 07/01 06/38 9111 07/01 06/30 07/01 06/30 07/01 06/30 Southern Ca. Edison 1,198.08 SoCaEdison 1,198,88 Design-TSgnl-Grand6GldnSa 001-4311-2126 17 31746H 07/01 06130 001-4316-2126 18 34786H 01/01 06/30 081-4319-2126 16 311O6H 07/01 06/36 001-4331-2126 18 30766H 07/01 06130 Southern Ca. Edison Electric -Traffic Control SoCaEdison TOTAL DUE VENDOR --------7 2,924.96 138-4538-2126 39 30706H 07/01 06/30 PAGE 1S t PREPAID # f AMOUNT DATE CHEC4, Grand Av Landscape 1,198.08 TOTAL DUE VENDOR -------- 1,198,88 Design-TSgnl-Grand6GldnSa 450.00 TSgnl Study -DB B1,SCynFSp 877.58 Traffic Counts -Grand Av 617.00 TOTAL DUE VENDOR --------j 1,944.51 Stationery Supplies 38.49 Diamond Ride Flyer 66.03 Gen Plan Copies 307.70 TOTAL DUE VENDOR --------> 412.22 Gen3Autolnsurance-Deposit 84,752.08 06/30/93 0000021269 TOTAL PREPAID AMOUNT ----) 641152.00 TOTAL DUE VENDOR --------> 0.00 Electric -Traffic Control 21924.98 TOTAL DUE VENDOR --------7 2,924.96 Electric-LLAD 139 209.13 TOTAL DUE VENDOR --------) 209.13 Electric -Grow Pk 27,17 Electric-Maplehill Pk 292.90 Electric -Peterson Pk 58.72 Electric -Sycamore Cyn 290.63 TOTAL DUE VENDOR --------> 669,62 Electric-LLAD s38 101.01 TOTAL DUE VENDOR --------> 101.01 +}� Cit }++ RUN TIME: 13:14 07/01/93 V O y U C oH f Diamond BE R R E G I S T E R ar DUE THRU.............07/06/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ,TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION ------------------------------------------------------------ Southern Ca. Edison Sa;aEdison 141-4541-2126 30 30706H State of California EDD 001-4810-7206 15 307868 Taylor, Josephine 696 001-3476 304 381866 The Balloon Gallery 8alloon6al 081-4358-5385 28 36706M Time Out Personnel Svc. TimeOut 881-4058-4008 4 30706H 001-4050-4088 5 30186H 001-4050-4008 6 34706H 001-4040-4008 24 307066 001-4058-4888 3 307866 Tuttle Click Ford 118-4098-6100 US Sprint 081-4518-2125 Unocal 001-4030-2310 081-4090-2310 TuttlFord 4 30786H 01/1522 USSprint 13 387864 Unocal 50 387064 40 30706H PAGE 16 + + PREPAID + + AMOUNT DATE CHECK -------------------------- 01/81 06/30 Electric-LLAD t41 103.88 TOTAL DUE VENDOR --------> 103.86 06/30 06/30 Uneopl Insurance -Jan -Nay 35.97 TOTAL DUE VENDOR --------} 35.97 07101 06/38 Recreation Refund 16,80 1OTAL DUE VENDOR --------> 16.08 87/81 06/30 Balloon Arch -Concert 6/30 275.88 06/38/93 0000021267 TOTAL PREPAID AMOUNT ----> 275.80 TOTAL DUE VENDOR --------) 0.08 07/01 86/38 930388 Teap Svcs -Acct Clerk 551.16 01/81 06/30 938337 Temp Svcs -Acct Clerk 359.19 67101 06/36 938354 Teep Svcs -Acct Clerk 612.48 01/01 86130 930374 Temp Svcs -Dep City Clerk 533.07 67161 06/36 930374 Teep Svcs -Acct Clerk 421.63 TOTAL DUE VENDOR --------) 2,411.45 07/81 86/38 Ford Taurus Sedan 13,384.19 TOTAL DUE VENDOR -------} 13,364.19 01/81 86/38 Engr-Telephone 10.05 TOTAL DUE VENDOR --------> 10.05 07/01 06138 885931 Fuel - CMgr 28.42 07101 06/30 86S929 Fuel - Gen Govt 29,00 TOTAL DUE VENDOR --------} 44,42 tit City of Diamond Bar ftt RUN TINE: 13:14 01/81/93 VGUCHER R E 6 I S T E R DUE THRU.............07/06/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION --------------------------------------------------------------------------------- Walnut Valley Car Yash WVCarWash 081-4310-2208 17 307OLM Walnut Vly Water Dist WVWaterDis 001-4440-2126 5 38706H West Coast Arborist Inc. WCArbor 001-4555-5509 43 307065 West Covina, City of CityYesCov 115-4515-4088 3 30706F Jest Publishing Co. WestPub 001-4090-2320 25 30706H Western City Magazine YesternCit 801-4090-2115 4 301866 Whelan, Stephen P. WhelanSP 001-4356-4100 38 301864 Wright, Paul 081-2300-1018 001-2300-1810 801-2300-1810 001-4210-4808 001-4210-4220 YMCA 125-4215-2355 WrightP 201 381066 262 307066 263 301866 46 307866 66 307066 YMCA 13 30706H PAGE 17 # PREPAID f AMOUNT DATE CHECK -------------------------- 07/01 06/38 Car Wash Tickets -City Veh 300.00 06i30/93 0000021260 TOTAL PREPAID AMOUNT ----) 300.00 TOTAL DUE VENDOR --------) 8.08 81/01 06/30 Electric -Eastgate Site 44.17 TOTAL DUE VENDOR --------) 44.17 01/81 06/30 1166 Emer Tree Removal 308.00 TOTAL DUE VENDOR --------j 388.00 07/01 86/38 11215 Solid Waste JPIA Svcs 3,291.08 TOTAL DUE VENDOR --------> 3,297.80 01/01 06/30 CA Code Updates 47.05 TOTAL DUE VENDOR --------y 47.85 01/01 06/38 25883 Adv -Asst City Mgr 309.80 TOTAL DUE VENDOR -------- 309.00 81101 06/30 P8R Co4-2/25 40.00 TOTAL DUE VENDOR --------% 40.00 81/01 06/30 Audio Visual -FPL 92-19 141.75 87/81 86/30 Audio Visual -FPL 93-06 65.25 81101 06/30 Audio Visual -FPL 92-30 18.80 01/01 06/30 Audio Visual Svc -6/9,6/11 225.00 07/81 86/38 Audio Visual -Gen Pln 5/24 380.00 TOTAL DUE VENDOR --------> 750.00 01/01 06/30 CDBG Reimb-May Child Care 1,693.00 TOTAL DUE VENDOR --------) 1,693.00 eft Cit�{f RUN TIME: 13:14 81/81/93 V D y UCof Diamond BH E R R E 6 I 5 T E R ar DUE THRU.............07/86/43 VENDOR NAME VENDOR ID, ACCOUNT PROJ.TI-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION -------------------------------------------------------------------- Von, Gai Gds 081-3474 47 38706H 87/81 86/38 Recreation Refund TOTAL DUE VENDOR --------- PAGE 16 * f PREPAID + + AMOUNT DATE CHECK TOTAL PREPAID ----------- 168,268.78 TOTAL DUE ---------------? 553,468.27 TOTAL REPORT ------------) 714,228.97 PAGE 1 FUTURE TRANSACTIONS REVENUE EXPENSE ---------------------- ++* Citof Df}� y iamond Bar RUN TIME: 13:14 87/81/93 V D U C H E R R E 6 I 5 T E R FUND SUMMARY REPORT DUE THRU.............07/06/93 FUND DISBURSE G/L 6JE WILL POST 61E HAS POSTED ---------------- TOTAL - DIRECT PAY ----------------------------------------------------------------- REVENUE EXPENSE REVENUE EXPENSE - 001 General Fund 629,014.77 45,105.03 363.15 583,545.99 136 LLAD 238 Fund 51594.10 5,594.10 139 LLAD 239 Fund 11,191.63 11 791.63 - 118 Air Duality Imp 17.258.72 17,250.12 11S Int Waste Mg4t F 7,272.08 7,27p 00 -112 Prop A -Transit F 11647.63 1,647.03 250 C.I.P. Fund 36,698.80 36,89S.@1 -141 LLAD 241 Fund 417.12 417.72 227 Traffic Mit Fee 450.00 450.00 125 CDBG Fund 11693.08 1.693.04 TOTAL------------ ------------ ------------------------ ALL FUNDS 114,228.97 45,105.03 ----------------------- 363.75 666,160.19 PAGE 1 FUTURE TRANSACTIONS REVENUE EXPENSE ---------------------- RUN TIME: 13:33 87/81/93 V ty 0 UCof Diamond BH E R R E 6 I 5 T E R a DUE THRU.............07/86/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION ----------------------------------------------------- ARA/Cory Refreshment Svcs ARA 811-4898-2138 1 40706A Alcott, Kelly Rae AlcottK 441-4358-5385 3 441868 AmeriComp AmeriComp 481-4698-2288 1 487864 Atlantic Richfield AtlanticRi 441-2348-1818 1 40746A Brandman Assoc., Michael Brandman 881-2388-1418 2 40706A 481-2388-1811 1 40706A CEYAER CEVAER 481-4818-2315 1 487464 City Clerks Assoc of Ca. CCAC 441-4448-2315 1 46766A Computer Applied Systems CAS 441-4858-4434 1 40766A Diamond Bar Business Asoc DBBusAssoc 881-4494-2148 1 40746A 881-4498-2218 1 46766A PAGE 1 # PREPAID f AMOUNT DATE CHECK -------------------------- 81181 87186 386296 Equip Rental-3u1v 1993 29.88 TOTAL DUE VENDOR --------} 29.84 81181 47/46 Band for ConInPrk 6/7 6444.88 TOTAL DUE VENDOR --------} 688,44 47141 41186 11282 Annual Equip Svc -FY 93-94 1,245.48 TOTAL DUE VENDOR --------} 1,245.44 41141 47186 Refund Balance -FPL 92-15 325.44 TOTAL DUE VENDOR --------} 325.44 41141 47/86 45934562 Prof Svcs -FPL 93-14 2,436.86 47/81 47/46 81928969 Prof Svcs-FER 92-43 1,933.23 TOTAL DUE VENDOR --------} 3,978.49 87141 81/46 6enMembrshp-Papen FY93-94 35.44 TOTAL DUE VENDOR --------} 35.44 81181 41166 Annual Dues-CClk FY 93-94 134.48 TOTAL DUE VENDOR --------> 134.84 81/61 47186 0693DB July Comp Maint 832.48 TOTAL DUE VENDOR --------> 832.84 41181 87166 Addtl Rent -FY 93-94 14,000.00 87/81 81/86 Common Area Maint-July 657.44 TOTAL DUE VENDOR --------} 18,657.44 tff City of D i a a o n d Bar ftt RUN TIME: 13:33 67/91193 V 0 U C H E R R E G I S T E R PAGE 2 DUE THRU .............07/96/93 VENDOR NAME VENDOR ID. t t PREPAID { ACCOUNT PROJ.TI-NO BATCH PO.LINE/N0. ------------------------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK 6TEL 6TEL 801-4890-2139 2 40706A 07/81 87/86 July Equip Rent 857.60 TOTAL DUE VENDOR--------> 657.60 Gonsalves 8 Son, Joe A. Gonsalves 801-4818-4880 1 40706A 87/81 07196 July Prof Svcs 2,10e.ee TOTAL DUE VENDOR--------) 2,188.00 Hardy M. Strozier Inc. HardvEtroz 001-2300-1818 3 40786A 07/01 87106 Prof Svcs-FPL 92-19 12,354.11 001-1380-1018 4 40706A 07101 07106 Prof Svcs-FPL 93-06 5,686.61 801-2360-1018 5 40706A 97/01 07196 Prof Svcs-FPL 92-38 1,568.78 TOTAL DUE VENDOR--------) 19,609.70 Hardy M. Strozier Inc. HardyStroz 081-2390-1816 6 40706A 07/01 07/66 Prof Svcs-FPL 92-19 6,893.93 661-2300-1010 7 40706A 07/61 97/86 Prof Svcs-FPL 93-66 3,173.39 601-2306-1016 8 40706A 07/01 07166 Prof Svcs-FPL 92-36 875.42 TOTAL DUE VENDOR--------) 16,942.74 Hensley, Don Hensley 601-4310-2330 1 40706A 07161 07/06 PIM Seminar-Mileage Reiab 286.60 TOTAL DUE VENDOR--------) 286.60 Hills Club HillsClub 001-4350-2140 1 44766A 67161 67/06 Summer 93 Facility Rent 526.75 061-4358-2140 2 44786A 67161 07/66 Spring 93 Rent-TaiChi 93.75 TOTAL DUE VENDOR--------) 622.50 Huang, David Ching Chia HuangDayid 001-2300-1016 9 447MA 07/01 07/66 Refund Balance-FPL93-02 135.00 TOTAL DUE VENDOR--------> 135.60 Kubel, Myron Skip KubelM 001-4350-5305 4 467068 07/01 07/66 Band-ConcInPrk 7114 766.06 TOTAL DUE VENDOR--------) 166.60 Leighton and Associates Leighton 001-2300-1812 1 407664 67161 07/06 79694 Prof Svcs-EN 93-617 616.80 601-2360-1612 3 40746A 07161 67/66 79367 Prof Svcs-EN 93-624 461.10 661-2306-1612 2 40766A 07/01 67/66 79388 Prof Svcs-EN 93-623 216.10 TOTAL DUE VENDOR 1,288.66 fff f RUN TIME: 13:3381/81/93 CiVtOy UCoHf DiER RaEm6oIn5d Bar ffTEA DUE THRJ.............07/86/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION -------------------------------------------- MMASC MMASC 001-4838-2315 1 40706A 7 PAGE 3 f f PREPAID f f AMOUNT DATE CHECK -------------------------- 8.18! 87/86 FY 93-94 Dues-Butzlaff 48.80 TOTAL DUE VENDOR -------- 40.04 NAPA NRPA 011-4318-2325 1 40706A 87/81 07186 PIR Seminar -Hensley 358.80 TOTAL DUE VENDOR ---------) 350.04 Nelson, Trent NelsonT 881-4358-5305 1 487864 87181 67/86 Sound Equip-ConcInPrk1/14 488.88 TOTAL DUE VENDOR --------> 488.04 Nelson, Trent NelsonT 441-4358-5315 2 40706A 81181 07/86 Sound Equip-ConcInPrk 7/7 488.84 TOTAL DUE VENDOR -------- 400.01 Pitney Bores PitneyBare 081-4090-2310 1 487064 87181 87/4b 1444744 Equip Rent -July 93 321.58 TOTAL DOE VENDOR --------- 321.50 Plaza Cleaners PiazaClean 081-2388-!@18 10 401864 81101 81/06 Refund Deposit -FAL 92-24 56.25 TOTAL DUE VENDOR --------> 56.25 Postage By Phone PostByPhon 001-4098-2120 1 41716A 07111 07/46 Postage Replenishment 1,018.81 TOTAL DUE VENDOR --------> 1 00@.04 Premiere Leasing Co. PremiereLe 011-4350-2141 3 4/7164 07/11 07/06 8416 Class Room Rent -7/16-6/16 564.62 TOTAL DUE VENDOR -------- 564.62 So Ca Assn of Governments SCAB 001-4090-2315 140706A 07/01 17/81 Annual Dues -FY 93-94 3,631.18 TOTAL DUE VENDOR --------> 3,631.01 Standard Insurance of Ore StandardIn 141-2118-1015 1 40706A 07/01 07/46 Life Ins Preens -July 93 333.50 TOTAL DUE VENDOR --------y 333.54 ttt RUN TIME: 13:3317/11/93 City aE Diaead Btt VOUCHER RE6InSTfR a t DUE THRU.............07/$6193 PA6f 4 VENDOR NAME ACCOUNT PROJ,TJI-NO ' ----------- VENDOR ID. BATCH PD.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION t t PREPAID + + AMOUNT DATE HECK Standard Insurance of 411-2111-1815 are StandardIn 2 46706A 17181 07166 Supol Life Ins Pres -July 11.$1 TOTAL DUE VENDOR -------- 17,$1 Sung woo Min 181-238$-1018 SungwooMin 11 40706A 07/61 81/06 Refund Deposit -FPL 92-18 14,22 TOTAL DUE VENDOR --------> 14.22 Towne Center Travel 611-4811-2338 TorneCents 1 40766A 61181 67166 Coni July 21 -23 -MacBride 166.8/ TOTAL DUE VENDOR --------> 168.01 UltraSystems Engineers 801-2310-1111 811-2380-1011 801-2318-1811 U1traSyste 3 46706A 4 40760Prof 2 41716A 07181 07106 07181 07/16 07101 07/16 0481137 Svcs-FER 92-802 Prof Svcs-FER 92-004 Prof Svcs-FER 92-011 131.33 476.06 1,034.21 TOTAL DUE VENDOR --------> 1,641.64 Walnut Valley Unified wVUSD 601-4351-2140 4 40116A 07161 07/86 Facility Rent -Spring 93 6,768.56 TOTAL DUE VENDOR -------- 6,768.50 TOTAL PREPAID ----------- 1.68 TOTAL DUE --------------- 715 218.62 TOTAL REPORT ------------a 70211.82 ttt ar +++ RUN TIME: 13:33 91/81/93 City V 0 UCof Diaa ond BH E R R E G I S T E R FUND SUMMARY REPORT PAGE 1 DUE THRU.............91/96/93 FUND DISBURSE g/L GIE WILL POST I HE HAS POSTED TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE TRANSACTIONS ------------------------------------------------ 991 general Fund 79,219.82 38,333.18 31,871.72 TOTAL ------------ ------------ ---------- -- '--'-------- ------------------------ ------------ ALL FUNDS 79,219.62 38,333.19 31,877,12 CTTv np nTAl 8M5 5" AGENDA REPORT AGENDA NO. 71J TO: Honorable Mayor and City Council MEETING DATE: July 6, 1993 iA REPORT DATE: June 29, 1993 FROM: Linda G. Magnuson Accounting Manager TITLE: Treasurer's Report - May 31, 1993 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of May 1993. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Spec. (on file in City Clerk's Office) _ Ordinances(s) _ Other _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? 2. Does the report require a majority or 4/5 vote? 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. Belger Li da G. MqIgn6son City Manager Accounting Ma ager �CG CARL WARREN a ZZ// Insurance Adiusters Claims Administrators P.O. Box 25180 Santa Ana, CA 92799-5180 (714) 740-7999 FAX: (714) 740-7992 TO: CITY OF DIAMOND BAR Attention: LYNDA BURGESS, CMC/AAE CITY CLERK Re: Claim: Claimant: D/Event: Rec'd Y/Office: Our File: Date: JUNE 10, 1993 ALLSTATE VS. CITY OF DIAMOND BAR ALLSTATE INSURANCE COMPANY 12-7-92 6-1-93 S 72034 RQ 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 of , 19 , a notice of insufficiency must be mailed to the claimant no later than 1 19.THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPTOF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and or,910.2 and/or 910.4. r -j AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, refecting this additional/amended claim. 1� LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising 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 CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim". See Government Code Section 911.8. D TAKE NO ACTION: Defer any written response to the claimant pending 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, CARL WARREN & COMPANY RICHARD MARQUE (Adjuster) TO PERSON OR PROPERTY INSTRUCTIONS L Claims for death, injury to person or to personal property must be filed not hater than ( r+os, after the occurrt'.nce (Gov. Code Sec. 911.2) Z 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• 7. Claim must be filed with City Cleric (Gov. Code Sec 915a) TcCITY OF DIAMOND BAR Name of Claimant ALLSTATE INSURANCE COMPANY dome Aaaress or gain P.O. Box 2000 n Age of Claimant (if natural person) City and State Home Telephone Number Business Address of Claimant City and State Same as above claim; Butine� Telephone Number Give addrrss to which you desu a 714) 558-3751 notices or communications to be sent regarding this cm; Pete E. Almeida, GRAY & PROUTY 611 Civic Center Drive West, Santa Ana, CA 92701 How did DAMAGE or INJURY occur? Give full particulars. SEE ATTACHED When did DAMAGE or INJURY Occur? Give full particulars, date, time of day December 7, 1992 10:25 a.m. Where did DAMAGE or LYJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, five street names and addresses and Meisurements from landmarks: Brea Canyon Road, near Pathfinder Road, in Diamond Bar, California. What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the Ln; ; damage, if known: City had actual or constructive notice of dangerous condition and failed to cure or take precautionary weasures. What DAIVLI GE cr INJURIES do you claim resulted?. Give full extent of injuries or damages claimed: Death of ALLSTATE INSURANCE COMPANY's employee, forcing ALLSTATE to pay Workers' Compensation death benefits in the sum of $115,000.00. • •• •-- -�•� _ -ycairn on account of each item of injury or damage as of date of presentation of this claim, giving o•..� . t computation: Death Benefits $115,000.00 Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, givinc -.s., computation: Statutory Workers' Compensation Death Benefits SEE PAGE 2 (AVER) THIS CLAIM MUST BE SIGNED ON RE': r7 " ones of _usurance ..ompany• -AL.ATATE INSURANCE COMPANY Expenditures made on account of accident or injury: (Date= item) $115,000.00 (Amount Name and address of Witnesses, Doctors and Hospitals: Brea Community Hospital, Fernando Diaz - 412 Lincoln Place, #B, Monrovia; Judith Martinez - 19204 E. Elberland, West Covina; Miguel Martinez 19204 E. Elberland, West - Covina. READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place o; 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 yourseI! or your vehicle when you first saw City vehicle location vehicle at the time of the accident by of City vehicle at time of accident by ••A-1" and Iocation of yourself or youz '•B-1" and the point of impact by ',X1, NOTE: If diagrams below do not fit the situation, attach hereto a propel. diagram signed by claimant FOR AUTOMOBILE ACCIDENTS v c •4 w c I 1 a k Z of Claimant n to Claim9 C%4 MUST BE FI:P_D FOR _OTHER ACCIDENTS hisAwhalt ing Typed Name: PETE E. ALMEIDA CITY CLERK (GOV. CODE SEC. 915a). CU Date 7. Stephen Wills, while in the course and scope of his employment with Allstate Insurance Company, was traveling northbound on Brea Canyon Road. Fernandez Diaz, traveling southbound on Brea Canyon Road, hydroplaned on standing water and collided with the vehicle driven by Stephen Wills. As a result, Stephen Wills was killed and Allstate Insurance Company was forced to pay Workers' Compensation death benefits to Mr. Wills' spouse and children. CA L, WARREN 8t CO. Insurance Adiusters Claims /tdminwrators P.O. Box 25180 Santa Ana, CA 92799-5180 (714) 74Ci-7999 FAX: (714) 740-7992 TO: City of Diamond Bar Attention: Lynda Burgess, avrJAAE City Clerk Re: Claim: Claimant: D/Event: Rec'd Y/Office: Our File: Date: June 14, 1993 Diaz vs. City of Diamond Bar Fernando Diaz 12-7-93 6-7-93 S 72034 SWQ We have reviewed the above captioned claim and request that you take the action indicated below: 0 CLAIM REJECTION: Send a standard rejection letter to the claimant. CLAIM INSUFFICIENCY: In accordance with the telephone conversation of , 19 , a notice of insufficiency must be mailed to the claimant no later than 19THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT•OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and/or 910.2 and/or—T1-0.4 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, advising 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 CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim". See Government Code Section 911.8. D TAKE NO ACTION: Defer any written response to the claimant pending 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, CARL WARREN & COMPANY (Adjuster) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ��'`f- 666e", tt 4t ca, GIRARDI AND KEESE 1126 Wilshire Boulevard Los Angeles, California 90017 THOMAS V. GIRARDI, Bar No. 36603 (213) 977-0211 Attorneys for Plaintiff(s) FERNANDO DIAZ, ) Claimant, ) Vs. ) COUNTY OF LOS ANGELES, CITY OF) DIAMOND BAR, ) Respondents. ) VERIFIED CLAIM FOR DAMAGES (Section 910 of the Government Code] TO CITY OF DIAMOND BAR: 1. NAME OF CLAIMANT• Fernando Diaz 412 Lincoln Place, #B Monrovia, California 91016 i 2. NOTICE TO BE SENT TO: Thomas V. Girardi, Esq. GIRARDI AND KEESE 1126 Wilshire Blvd. Los Angeles, CA 90017 (213)977-0211 -1- 1 3. DATE AND PLACE OF ACCIDENT: 2 December 7, 1992, Brea Canyon Cut -Off Road, south of 3 1 Pathfinder Road, City of Diamond Bar, County of Los Angeles, State 4 of California. 5 6 4. NATURE OF INCIDENT AND DAMAGE SUSTAINED: 7 This claim is based upon the personal injuries of 8 claimant Fernando Diaz, as well as property damages sustained to 9 the vehicle operated by him at the time of a motor vehicle accident 10 occurring on or about December 7, 1992 on Brea Canyon Cut -Off Road, it approximately 1305 feet south of Pathfinder Road, in the City of 12 Diamond Bar, County of Los Angeles, State of California, under the 13 following circumstances: 14 Claimant Fernando Diaz, on the above date, was the owner 15 and operator of a 1978 Chevrolet automobile that was proceeding 16 south on Brea Canyon Cut -Off Road approximately 1323 feet south of 17 Pathfinder Road, when he was suddenly and unexpectedly confronted 18 with a large section of the roadway that was flooded and/or "washed 19 out", and or covered by run-off drainage water. That at said time 20 and place, a 1984 Nissan automobile, owned and operated by decedent 21 Stephen Andrew Wills, was being operated in a northerly direction r� 22 on Brea Canyon Cut -Off Road. As the claimant's vehicle entered 23 into the flooded roadway, it was caused to "hydroplane" out of 24 control, causing claimant to cross the centerline into the 25 northbound lane of travel, into the path of and into the vehicle 26 being operated by the decedent resulting in a head-on collision 27 causing claimant's injuries and property damages as are more fully 28 -2- 1 set forth herein below. 2 Claimant's injuries and property damage were caused by 3 the negligent designing, engineering, constructing, inspecting, 4 owning, operating, maintaining and controlling of the said roadway 5 so that such public property and adjacent private property did 6 exist in a dangerous condition for claimant herein, and others, on 7 December 7, 1992. Furthermore, although respondent knew prior to 8 December 7, 1992 that said public property and adjacent private 9 property did exist in a dangerous condition, respondent failed to 10 give warning of said dangerous condition to claimant herein and 11 others. The full and complete facts regarding the dangerous 12 condition and circumstances giving rise to respondent's liability, 13 and the incident herein, are more fully set forth in the Traffic 14 Collision Report prepared as a result thereof. That Traffic 15 Collision Report, Number 092-20746-2929-470, consisting of eight 16 pages is attached hereto and fully incorporated herein by reference 17 as Exhibit "A" for all purposes. The specific dangerous condition 18 did consist of the causing, permitting and allowing of large 19 quantities of water to flood the above-described roadway thereby 20 rendering said roadway unsafe for vehicular travel and causing the 21 injuries and damages sustained by claimant as set forth herein. r. 22 The names of the public employees whose acts and/or 23 omissions contributed to the accident's occurrence and claimant's 24 injuries are unknown to claimant at this time. 25 Claimant Fernando Diaz, as a result of the above - 26 described accident, did sustain property damage to the vehicle 27 driven by him resulting in its being a total loss. Said Claimant 28 -3- 1 has also incurred medical expenses, loss of earnings and loss of 2 earning capacity. 3 4 5. DAMAGES CTMED: 5 $5,000,000.00 in general damages, g plus proven special 6 damages, which exceeds $50,000.00; therefore, jurisdiction over 7 this claim would rest in Superior Court. 8 9 DATED: June 3, 1993 10 GIRARDI AND KEESE 11 12 By 13 THOMAe V. GIRARDI Attorneys for Plaintiff 14 15 16 17 18 19 93120\pld\VerCleim.mB 20 21 22 23 24 25 26 27 28 -4- EXHIBIT "A" ' "A� t �ISION R Kr �GIN1111 "I - 9"o-110-ifF "I"V /AMO/t/ 8 ,e 0141-4 0Q2 - 7.074/6 - Doom �I:JG((fs 297 .7 2929—'170 _ EA N 1�onl �I, I zTZ �f 074 liw! :%fat• 409MAG9 L �4��{CjjJ1"""•. ...- s 5-0397 WTFIS ...�..r3. pepvT,iRCLAe I•AR .Iwr� y�a� C P ML mOIQOgdf ATH FIN ' esB�oyl �A 3 . �.� .. �NQo �,q 7 CN. y « ,�� _ GQ�y. 9& via c 'mum Y/Z /NCO at. .nr�rw� elm VAIROVIA vu Now SAM Ge 10160 lbo goo= ❑ (BIB) 3d3 - 87(,3 (618)357—>�p�lof '1 �C/�is 'itJ ❑ �siL�w.wr wrw...rr aEA r'ANIGQ CVT-QF(,Co I so ry 2 SO 14010 A O AMORE k/ wu o c � �vQV,PS3 M1 LS fo" e� Bea 5(0 abs «.«..� ll •IMI mow . � � / Ill% /C/L S ?s�lrj � ❑..N" ❑°n4a 13 71 LLS TAT •.�.�`"... "N""M me ..�..."►«."`lm 1 �MlMwww wL ou.. L a�A Cray f 0% LAI '2" �. �rurs u.�ww.w� � kw �ww.rr�.uwi - - • • . . . . . . . . . . . . `M MMM � rwr.L'� 'w+. 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(714) 740-7992 Date: JUNE 10, 1993 TO: CITY OF DIAMOND BAR Attention: LYNDA BURGESS, CMC/AAE CITY CLERK Re: Claim: Claimant: MIGUEL A. RAMOS AND JUDITH R. MARTINEZ D/Event : 12_7_92 Rec'd Y/Office: 6-4_93 . Our File: S 72034 RQ 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. j� CLAIM INSUFFICIENCY: In accordance with the telephone conversation o , 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 CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and/or 910.2 and or 910.4. 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, advising 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 CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See 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 pending 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, CARL WARREN & COMPANY RICHARD MARQUE (Adjuster) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 Rivers J. Morrell III LAW FIRM OF RIVERS J. MORRELL III A Professional Corporation 701 S. Parker Street, Suite 2600 Orange, California 92668-4720 (7 14) 973-0909 Attorney's Bar No. 57849 Attorney for Plaintiffs MIGUEL ANGEL RAMOS and JUDITH RAMOS MARTINEZ MIGUEL ANGEL RAMOS and JUDITH ) CLAIM FOR PERSONAL INJURIES RAMOS MARTINEZ, ) (GOVERNMENT CODE SECTION 910, Claimants, ) ET SEQ.) VS. ) STATE OF CALIFORNIA; COUNTY OF ) IAS ANGELES; CITY OF DIAMOND ) BAR; et al., ) Respondents. ) TO: RESPONDENT, CITY OF DIAMOND BAR: PLEASE TAKE NOTICE that Claimants, MIGUEL ANGEL RAMOS and JUDITH RAMOS MARTINEZ, who reside at 19204 E. Elborland, West Covina, COUNTY OF LOS ANGELES, State of California, claim damage from Respondent, CITY OF DIAMOND BAR, a public entity as defined in California Government Code Section 900.4, in an amount computed as of the date of this claim to be within the jurisdiction of the Superior Court, in addition to special damages incurred as a result of the personal injuries to Claimants, MIGUEL ANGEL RAMOS and JUDITH RAMOS MARTINEZ. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This claim is based upon the personal injuries of both Claimants sustained while passengers in a vehicle operated by Fernando Diaz at the time of a motor vehicle accident occurring on or about December 7, 1992 on Brea Canyon Cut -Off Road, approximately 1305 feet south of Pathfinder Road, in the CITY OF DIAMOND BAR, County of Los Angeles, State of California, under the following circumstances: Claimants on the above date were the passengers in a 1978 Chevrolet automobile that was proceeding south on Brea Canyon Cut -Off Road approximately 1305 feet south of Pathfinder Road, when it was suddenly and unexpectedly confronted with a large section of the roadway that was flooded and/or "washed out," and/or covered by run-off drainage water. That at said time and place the 1978 Chevrolet automobile, owned and operated by Fernando Diaz, was being operated in a southerly direction on Brea Canyon Cut-off Road. As a result of the Diaz vehicle entering into the flooded roadway, it was caused to "hydroplane" out of control, crossing the centerline into the northbound lane of travel, into the path of and into the vehicle being operated by Stephen Wills resulting in a head-on collision causing serious personal injuries as are more fully set forth herein below. Claimants.' injuries were caused by the negligent designing, engineering, constructing, inspecting, owning, operating, maintaining and controlling of the said roadway so that such public property and adjacent private property did exist in a dangerous condition for Claimants herein, and others, on December 7, 1992. Furthermore, although Respondent knew prior to December 7, 1992 that said public property and adjacent private property -2- 1 2 3 4 5 6 7 8 9'i 10 11' 12 13 141 did exist in a dangerous condition, Respondent failed to give warning of said dangerous condition to Claimants herein and others. The full and complete facts regarding the dangerous condition and circumstances giving rise to Respondent's liability, and the incident herein, are more fully set forth in the Traffic Collision Report prepared as a result thereof. That Traffic Collision Report, number 092-20746-2929-470, consisting of eight pages is attached hereto and fully incorporated herein by reference as Exhibit "A" for all purposes. The specific dangerous condition did consist of the causing, permitting and allowing of large quantities of water to flood the above-described roadway thereby rendering said roadway unsafe for vehicular travel and causing the injuries and damages sustained by Claimants' as set forth herein. 15' The names of the public employees whose acts and/or 16 omissions contributed to the accident's occurrence and Claimants' 17 personal injuries are unknown to Claimants at this time. 18 WARNING: ALL NOTICES AND OTHER COMMUNICATIONS REGARDING 1911THIS CLAIM SHOULD BE SENT TO CLAIMANTS' ATTORNEYS, AS FOLLOWS: 20 LAW FIRM OF RIVERS J. MORRELL III A PROFESSIONAL CORPORATION 21 701 SOUTH PARKER STREET, SUITE 2600 ORANGE, CALIFORNIA 92668 22 (714) 973-0909 23 II DATE: JUNE 4, 1993 24 25 26 27 28 LAW FIRM OF RIVERS J. MORRELL III A Professional Corporation/ By: RIVERS J. MORRELL III Attorneys for Defendants CLAIMANTS, RAMOS/MARTINEZ -3- ai 10 'y/rMt i FIC CO1 !SloN Rn — i� Aarq.r MEL � _ _... _. o�1/rt o q,2 - 2 d 7 �6 - o",.r.w RCCVRRM Rw 74m/.), ...��` > ^ � Z � �`( _ Z yonl�r- oFF ... � M� -- >? M/ o Z S I q oD 5839 7 .. � trt/R 1M AtrAt w'rMRAIM Ar: •rMMM-WC'MI"e _.�._ ,` WTf$ ®rM� GEPv"Y (lARt 3 S c :AT, WWI Rtt. `ol 6 o g y My ra l/tbwpa 7wrRu r.: �. T Tt. Bb S� C rJ ! ❑ /f 4<IN►, 7 M004 7 M go Wool 01%wfj w•R.wefts. ,nR, E�P� 14AIQo l�lq c.r.sa,..a Z L /NCoG Al PG . g BeAraY.Mr.A qOAIPOVIAn7RATs7� �/ , � •�R/ ARALIRR.. .. Q I M RIAtR R o Cr Poi*iONNvb-4 Olt""*A Iw ❑ �// orwcu oAw.. 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IN V �uD k . Mo VtNCLE NOT USED Y • YES K •►ASr11rE RESTRAINT NOT VIM S • IN WWII usE UNKNOWN PRIMA COLLISION FACTOR T -IN V601CLA IMPROPIR Vs, ITE ba MARK[ 11 RlLOw PO LA DwLO BY AN AaT[EEfEK • UIT NUMBER (/ ) Oi PARTY AT FAULT TRAPAQOOITTROL, DMI 1 j S/10VLD:E u/LAINEO IN TT1E KAAR4TIYL A VC SECTION VIOLATED; a . S� TWO C V C ADDNtRO(RPUNCIEOHINq 1 TYPI OIY�C� 1 2 3 MOVE MEN T PIC[DINc, T BOTHER IMPROPER OIbMNO , CONTRA! NOT Fw+ceeNRNo • PAR sallocR CAR / tTATIaN WAGON TATIO COLUa10N1 ASTOPPED ON THOU OI U ED PASUNNfEJt CAR Yr LR COTN[RTNANogtY[R• MO CDNTRsx-I ►RESENT / FAcroR • MOTORCYCLL/SCOOTER PROCE[DINO fiAAIONT D uNKNOwN • TYPE OF COWSIOM PICKUP OR PANEL TRUCK RAM FROAD MAKING RICHT TugN NEAp.OFI •'10[RWN/E PICKU► (PAWL TRUCK W IrRA1u R TRUCK OR TRUCK TTIACTOR MAK1N0 LEST TVAN WEA I RGRE�q TRUCK / TRUCK TRACTOR W l TRLIL� V tUKN KI TO Ma I ACLEAR IROAD11p[ scNDOL rus EACKNKT 8 CLOUDY NT t OMLR W1 EMEACE11 SLOWING/ R TOO PINo PAISINO OTHER YEM RAHING UERIlN/l[1,DIEAN NCC Y. NCAVllivir ROUIPN&wT CLE J CHAWOING LAPS O1MNO FOO I WltSury OrOETYNMlREC#TI SICYCI I A [ VAftMMGMNuvEA FT. F OTHER MOTOR YEHIC OTMEYlHICLI PEDES111AM ENTEWNC TRK 01 UNSAFE TLTRrI WIND ArmI oLLp1ON ya,ED LIR101NTO 00POM+10 LANE UGNTitq P[DlST1rAM PARKED ACAYucuT OTHER MOTOR YL1[CL! MERGING DUSK . DAWN C DARK .STREET DONT{ MOTOR VEHICLE ON TNLR ROADWAY PARKED MOTOR VEHICLE � 2 3 OTTIER ASSOCIATED IACTORIM) TRAYEU No wApwC •vAr OTHER • D DARK. NO STRE[T LIGHTS TRAIN f MARK t TO I ITlMO T : --------- DARK. lTRLIT LIGNTE NOT PUNcnoHIND• AMMAL ANEYALI A x J7 5"WATHII v arra v2-Z35^0C C TEN ROADWAY SUR ACE B summ VMM ISM DRY PUL Osm i vw Wst to y ants 1 Z I011"ITT OSuG 9 0+<•t1CA; SNOWY . ICT J OTNEA ONE CT r DTSS (MAAK I TO f ! 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DA TS 90 6R TO: MEETING DATE: FROM: TITLE: CITY OF DIAMOND BAR AGENDA REPORT Honorable Mayor and City Counc AGENDA NO. T5 '5 July 6, 1993 rA REPORT DATE: Linda G. Magnuson Accounting Manager F.Y. 93-94 Investment Policy June 24, 1993 SUMMARY: Submitted for Council's review and approval is the Proposed Investment Policy for Fiscal Year 1993-94, and it's accompanying resolution. RECOMMENDATION: Approve Resolution 93 -- LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: which adopts the FY93-94 Investment Policy. Public Hearing Notification Bid Spec. (on file in City Clerk's Office) _ Other 1. Has the resolution, ordinance or agreement been reviewed X Yes_ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? X Yes No 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 Y: Terrence L. langer Lihda G.-Magfil4on City Manager Accounting Manager GITY COUNIGZrL AUYVAT AGENDA NO. MEETING DATE: July 6, 1993 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: F.Y. 1993-94 Investment Policy ISSUE STATEMENT: The State of California requires that municipalities annually adopt a City investment policy (section 53646 of the Government Code). RECOMMENDATION: Approve Resolution 93- which adopts the FY 93-94 Investment Policy. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for Council's review and approval is the F.Y. 93-94 Investment Policy and its accompanying resolution. The proposed investment policy basically states the goal of the City's investment activities, the types of investments the City will invest idle funds in, and the monthly reporting requirements. There have been no changes in the investment policy for FY93-94, from the adopted policy for FY92-93. PREPARED BY: Linda G. Magnuson RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT POLICY WHEREAS, it is necessary to annually adopt the City investment policy as provided for in Government Code Section 53646, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar that the attached Statement of Investment Policy (Exhibit A) be adopted as presented herein. PASSED, ADOPTED and APPROVED by the City of Council of the City of Diamond Bar, California, this 6th day of July, 1993. 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 Council of Diamond Bar held on the day of , 1993 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk EXHIBIT A CITY OF DIAMOND BAR INVESTMENT POLICY - FY 1993-94 As a General Law City, Diamond Bar operates its pooled idle cash investments under the prudent man rule. This insures that " ..investment shall be made with the exercise of that degree of judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be derived." (CC #2261) This affords the City a broad spectrum of investment opportunities, so long as the investment is deemed prudent and is allowable under current legislation of the State of California and the General Law of the City of Diamond Bar. The City of Diamond Bar strives to maintain the level of investment of all idle funds as near 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the Treasurer and investments are allowed in the following media: Securities of the U.S. Government, or its agencies (and the 'when issued' market) Certificates of Deposit (or Time Deposits), placed with commercial banks and savings and loan companies Bankers Acceptances Negotiable Certificates of Deposit Commercial Paper Local Agency Investment Fund demand deposits Repurchase Agreements and Reverse Repurchase Agreements Passbook Savings Account demand deposits Money market funds comprised of investments rated in the highest category by Moody's Investors Services Inc. or by Standard & Poor's Corporation. Investment agreements or contracts representing the unconditional obligations of entities (1) the secured long- term debt obligations of which are rated in the top three categories by Moody's Investors Service, Inc. or by Standard & Poor's Corporation or (2) the short-term debt obligation of which is rated in the highest category by either of such rating agencies. Tax-exempt obligations rated in either of the two highest rating categories by Standard & Poor's Corporation or Moody's Investor's Service, Inc., including money market funds comprised solely of such obligations. CITY OF DIAMOND BAR Investment Policy Page 2 Government and agency paper are the highest quality investments available in terms of safety and liquidity. Certificates of deposit, savings accounts, repurchase agreements, and bankers acceptances are insured or collateralized. Only commercial paper, with A-1 Moody's and P-1 Standard & Poor's ratings, is purchased. Most investments are highly liquid, with the exception of collateralized and insured certificates of deposit held by banks and savings and loans. Maturities are selected to anticipate cash needs, thereby obliterating the need for forced liquidation. Longer-term investments (over one year) are generally limited to maturities of five years or less. Diamond Bar attempts to obtain the highest yield obtainable when selecting investments, provided that the criteria for safety and liquidity are met. Ordinarily, through a positive yield curve, (i.e., longer term investment rates are higher than those of shorter maturities), the City attempts to ladder its maturities to meet anticipated cash needs in such a way that carry a higher rate than is available in the extremely short market of 30 days or less. The City operates its investment pool with many State and self- imposed constraints. It does not buy stocks or deal in futures or options. A monthly report of investments will be provided to the City Manager. The required elements of this report are as follows: a) Type of investment b) Institution c) Date of Maturity d) Amount of deposit or cost of security e) Current market value of securities with maturity in excess of twelve months f) Statement relating the report to the Statement of Investment Policy g) Rate of interest h) Statement that there are sufficient funds to meet the next 30 days' obligations The basic premise underlying the City of Diamond Bar's investment philosophy is to insure that money is always available when needed. Terrence L. Belanger City Manager C;IT1 Or V1ttMQ1NLP Janr,z AGENDA REPORT AGENDA NO. -� TO: Terrence L. Belanger, City Manager MEETING DATE: July 6, 1993 REPORT DATE: June 28, 1993 FROM: Bob Rose, Director of Community Services TITLE: Resolution No. XX approving the application for grant funds from the Los Angeles Regional Park and open space district per parcel discretionary grant program for lighting of sports fields at Peterson Park. SUMMARY: Prior to spending any of the discretionary funds allocated to the City of Diamond Bar from the Safe Parks Act (Proposition A), the attached resolution and application are required. The 1993/94 adopted City budget includes $140,000 in Proposition A funding for the lighting of the sports fields at Peterson Park. All expenses incurred by the City of Diamond Bar with regards to this project are reimbursed by Los Angeles County. RECOMMENDATION: Adopt Resolution No. XX approving the application for grant funds from the Los Angeles Regional Park and Open Space District per parcel discretionary grant program for lighting of sports fields at Peterson Park. LIST OF ATTACHMENTS:_ Staff Report X Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (on file in City Clerk's Office) X Other: Grant Application 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWS BY: .,� Te hence L. BelanBob Rose City Manager Community Services Director RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARR AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR LIGHTING OF SPORTS FIELDS AT PETERSON PARR. A. Recitals (i) WHEREAS, the people of the County of Los Angeles on November 341 1992, enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth Recreation, Beaches and Wildlife - Protection (the Proposition), which provides funds to the County for the purposes of acquiring and/or developing facilities for public recreational facilities and open space; and (ii) WHEREAS, the Proposition also created the County of Los Angeles Regional Park and Open Space District (the District) to administer said funds; and (iii) WHEREAS, the District has set forth the necessary procedures governing local agency applications for grant funds under the Proposition; and (iv) WHEREAS, the District's procedures require the Applicant to certify, by resolution, the approval of the applications before submission of said application to the District; and (v) WHEREAS, said application contains assurances that the Applicant must comply with; and (vi) WHEREAS, the Applicant will enter into an Agreement with the District to provide funds for acquisition or development of the Project; B. Resolution NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA HEREBY: Section 1. Approves the filing of an application with the County of Los Angeles Regional Park and Open Space District for funds under Section 8.b.1 of Proposition A for the above Project; and Section 2. Certifies that said Applicant understands the assurances and certifications in the application form; and 1993. Section 3. Certifies that said Applicant has, or will have, sufficient funds to operate and maintain the Project in perpetuity; and Section 4. Appoints the City Manager as agent of the City of Diamond Bar to conduct all negotiations, and to execute andsubmit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of the aforementioned Project. Section 5. Directs the City Clerk to certify the passage of this resolution by the City Council of the City of Diamond Bar, and to cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take' effect. PASSED, APPROVED AND ADOPTED this day of , MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1993, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar GRANT APPLICATION FORM PIER PARCEL DISCRETIONARY GRANT PROGRAM This Form And Required Attachments Must Be Submitted For Each Project ject Name: terson Park — Lighting of Sports Fiel roject Applicant (Name ojagency and mailing address): City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Grant Applicant's Representative Authorized in Resolution: Total Project Cost: Source(s) of other funds: Address: Terrence L. Belanger City Manager (909) 396-5666 Name Tide Phone (inc. sea code) Person with day -today responsibility for project (if different from authorize representative): ommun ty a ces Bob Rose Director (909) 396-5694 Name Title Phone (inc. area code) Brief Description of Project: Installation of lighting fixtures and appurtenant equipment to light sports fields at Peterson Park in the City of Diamond Bar. For Development Projects Land Tenure: Project is 9 acres: X Acres owned by Applicant (fee simple) Acres available under a year lease Acres other interest (explain): For Acquisition Projects Project land will be acres Acquired in fee simple by Applicant Acquired in other than fee simple (explain): I certify that the information contained in this project application form, including required attachments, is accurate and that I have read and understand the important information and assurances on the reverse side of this form: Signature ojApplieant's Authorized Representative as shown in resolution Date Important The District must appropriate funds prior to Applicant incurring costs. All District requirements must be met and an agreement signed before any finds will be disbursed. An audit may be performed before, or after, the District releases final payment. An Application for grant funds consists of one copy of each of the following: 1. Application Form. 2. Authorizing Resolution from governing body (for agencies other than the County). 3. Project location map with enough detail to allow a person unfamiliar with the area to locate the Project. 4. Evidence of adequate land tenure (deed, lease, joint powers agreement, etc.). 5. Acquisition map showing exterior boundaries and parcel numbers. 6. Site plan (development projects). 7. Acquisition Schedule (acquisition projects). 8. Cost Estimate (development projects). 9. indication of amount, type and source of funds above grant amount provided to Applicant. 10. Permit or comments from the following, if applicable: • State Lands Commission • Army Corps of Engineers • Coastal Commission 11. All leases, agreements, etc. affecting Project lands or the operation and maintenance thereof, including operating agreements with non-governmental agencies. AssyRANcES Applicant possesses legal authority to apply for the grant, and to finance, acquire, and construct the proposed Protect; that a- resolution, motion or similar action has been duly adopted or passed as an official act of the Applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Applicant to act in connection with the application and to provide such additional information as may be required. Applicant will maintain and operate the property acquired, developed, rehabilitated, or restored with the funds in perpetuity. With the approval of the District, Applicant, or its successors in interest in the .property, may transfer the responsibility to maintain and operate the property in accordance with the Proposition. Applicant will use the property only for the purposes of the Proposition and will make no other use, sale, or other disposition of the property except as authorized by specific act of the Board of Supervisors as governing body of the District. Applicant will give the District's authorized representatives access to, and the right to examine, all records, books, papers, or documents related to the grant. Applicant will cause work on the Protect to be commenced within a reasonable time after receipt of notification from the District that funds have been approved and will prosecute the Project to completion with reasonable diligence. Funds allocated to Applicant that are used for landscaping, planting trees or another planting projects shall use drip irrigation systems and shall use drought -resistant or xerophytic trees, plants, lawn or sod, except when applicant canshow, to the District's satisfaction, that such use rs infeasible. When projects involve the rehabilitation of existing irrigation systems or the creation of new irrigation systems, reclaimed water should be used whenever possible and priority shall be given to development of reclaimed water irrigation systems. In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for purposes of this grant program, Applicant covenants to comply with each applicable requirements of Section 103 and Sections 141 through 150 of the Internal Revenue Code of 1986, as amended. All grant funds allocated for projects involving the rehabilitation or restoration of beach, park, recreation, open space or natural lands shall be used, to the maximum extent practical, to employ youth from the community in which the particular rehabilitation or restoration Project is being carried out. To the maximum extent feasible, Applicant is encouraged to enter into, and has authority to use funds received through this grant for, agreements with community conservation corps, the California Conservation Corps and other community organizations, particularly when youth can be employed to work on restoration or rehabilitation projects being carred out in their own communities. Such agreements shall be entered into solely for the accomplishment of the purposes set forth in this application. Applicant will provide reasonable public access to lands acquired in fee with funds made available through this grant, except where that access may interfere with resource protection. Reasonable public access includes parking and public restrooms. No wetlands or riparian habitat acquired pursuant to the Proposition shall be used as a dredge sppoil area or shall be subject to revetment that damages the quality of the habitat for which the property was acquired. Applicant will comply, where applicable, with provisions of the California Environmental Quality Act and the California Relocation Assistance Act, and all other federal, state and local laws, rules and regulations. AyTCr AT+ T1T7117] AGENDA REPORT AGENDA NO. 7,7 TO: Terrence L. Belanger, City Manager MEETING DATE: July 6, 1993 REPORT DATE: June 28, 1993 FROM: Bob Rose, Director of Community Services TITLE: Resolution No. XX approving the application for grant funds from the Los Angeles Regional Park and open space district specified project grant program for the design and development of Pantera Park. SUMMARY: Prior to spending any of the specified project funds allocated to the City of Diamond Bar from the Safe Parks Act (Proposition A), the attached resolution and application are required. The 1993/94 adopted City budget includes $1.47 million in Proposition A funding for the design and development of Pantera Park. All expenses incurred by the City of Diamond Bar with regards to this project are reimbursed by Los Angeles County. RECOMMENDATION: Adopt Resolution No. XX approving the application for grant funds from the Los Angeles Regional Park and Open Space District specified project grant program for the design and development of Pantera Park. LIST OF ATTACHMENTS:_ Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specifications (on file in City Clerk's Office) Ordinances(s) X Other: Grant Application _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED /BY: Te ence L. BelanBob Rose fj City Manager Community Services Director RESOLUTION NO. 93 -,,- A 3 -..- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE DESIGN AND DEVELOPMENT OF PANTERA PARK. A. Recitals (i) WHEREAS, the people of the County of Los Angeles on November 3, 1992, enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth Recreation, Beaches and Wildlife Protection (the Proposition), which provides funds to the County for the purposes of acquiring and/or developing facilities for public recreational facilities and open space; and (ii) WHEREAS, the Proposition also created the County of Los Angeles Regional Park and Open Space District (the District) to administer said funds; and (iii) WHEREAS, the District has set forth the necessary procedures governing local agency applications for grant funds under the Proposition; and (iv) WHEREAS, the District's procedures require the Applicant to certify, by resolution, the approval of the applications before submission of said application to the District; and (v) WHEREAS, said application contains assurances that the Applicant must comply with; and (vi) WHEREAS, the Applicant will enter into an Agreement with the District to provide funds for acquisition or development of the Project; B. Resolution NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA HEREBY: Section 1. Approves the filing of an application with the County of Los Angeles Regional Park and Open Space District for funds under Section 8.b.2 of Proposition A for the above Project; and Section 2. Certifies that said Applicant understands the assurances and certifications in the application form; and 1993. Section 3. Certifies that said Applicant has, or will have, sufficient funds to operate and maintain the Project in perpetuity; and Section 4. Appoints the City Manager as agent of the City of Diamond Bar to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so.forth, which may be necessary for the completion of the aforementioned Project. Section 5. Directs the City Clerk to certify the passage of this resolution by the City Council of the City of Diamond Bar, and to cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it thereupon takes effect. PASSED, APPROVED AND ADOPTED this day of MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of 1993, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar GRANT APPLicATION FORM SP]Kc mFm PRoncr GRANT PROGRAM This Form And Required Attachments Must Be Submitted For Each Project (Please Type. Attach additional sheets if necessary) Name Title Phone (inc. ama code) Person with day -today responsibility for project (if different from authorized representative): Bob Rose Community Services Director (909) 396-5694 Name Title Phone (inc. nice code) i Brief Description of Project: Design and construction of the first phase of the phased development of Pantera Park, a 15 acre rough graded site owned by the City of Diamond Bar. For Development Projects Land Tening: For Acquisition Projects Project is 15 acme+ Project land will be acres X Acres owned by Applicant (fee simple) Acquired in fee simple by Applicant Acres available under a year lease Acquired in other than fee simple (explain): Acres other interest (explain): I certify that the information contained in this project application form, including required attachments, is accurate and that I have read and understand the important information and assurances on the reverse side of this form: Signature of Applicant's Authorized Representative as shown in resolution Date Applicant may incur costs against a Specified Project Grant befte ftmds are allocated. However, all District re met and an agreement signed before any fimds will be disbursed. requirements must be An audit may be performed before, or after, the District makes final payment. complete application for grant funds consists of one copy of each of the following: L Application Form. 2. Authorizing Resolution from governing body (for agencies other than the County). 3. Project location map with enough detail to allow a person unfamiliar with the area to locate the Project. 4. Evidence of adequate land tenure (deed, lease, joint powers agreement, etc.). 5. Acquisition map showing exterior boundaries and parcel numbers. 6. Site plan (development projects). 7. Acquisition Schedule (acquisition projects). 8. Cost Estimate (development projects). 9. Indication of amount, type and source of funds above grant amount provided to Applicant. 10_ Permit or comments from the following, if applicable: • State Lands Commission • Army Corps of Engineers • Coastal Commission 11. All leases, agreements, etc. affecting Project lands or the operation and maintenance thereof, including operating agreements with non-governmental agencies. Assilseri�s Applicant possesses legal authority to apply for the grant, and to finance, acquire, and construct the proposed Project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the Applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Applicant to act in connection with the application and to provide such additional information as may be required. Applicant will maintain and operate the property acquired, developed, rehabilitated, or restored with the funds in perpetuity. With the approval of the #ranting agency, Applicant, or its successors in interest in the properv, . may transfer the responsibility to maintain and operate the property in accordance with the Proposition. Applicant will use the property only for the purposes of the Proposition and will make no other use, sale. , r other disposition of the property except as authorized by specific act of the Board of Supervisors as govern n u body of the District. Applicant will give the District's authorized representatives access to, and the right to examine, all record,. books, papers, or documents related to the grant. Applicant will cause work on the Project to be commenced within a reasonable time after receipt notification from the District that funds have been approved and will prosecute the Project to completion reasonable diligence. Funds allocated to Applicant that are used for landscaping, planting trees or any other planting projects � use drip irrigation systems and shall use drought -resistant or xerophytic trees, plants, lawn or sod, except applicant can show, to the District's satisfaction, that such use is infeasible. When projects invok r rehabilitation of existing irrigation systems or the creation of new irrigation systems, reclaimed water shou - used whenever possible and priority shall be given to development of reclaimed water irrigation systems. In order to maintain the exclusion from gross income for federal income tax purposes of the interest or, bonds, notes or other evidences of indebtedness issued for purposes of this grant program, Applicant co- er to comply with each applicable requirement of Section 103 and Sections 141 through 150 of the I n Revenue Code of 1986, as amended. All grant funds allocated for projects involving the rehabilitation or restoration of beach, park, recce.,! open space or natural lands shall be used to the maximum extent practical to employ youth from the comm in which the particular rehabilitation or restoration Project is being carried out. To the maximum extent feasible, Applicant is encouraged to enter into, and has authority to use funds re, through this grant for, agreements with community conservation corps, the California Conservation Corr other community organizations, particularly when youth can be employed to work on restorat i, rehabilitation projects being carried out in their own communities. Such agreements shall be entered into for the accomplishment of the purposes set forth in the Agreement with the District. Applicant will provide reasonable public access to lands acquired in fee with funds made available throw- grant, except where that access may interfere with resource protection. Reasonable public access parking and public restrooms. No wetlands or riparianhabitat acquired pursuant to the proposition shall be used as a dredge spoil area be subject to revetment which dama0es the quality of the habitat for which the property was acquired. Applicant will comply, where applicable, with provisions of the California Environmental Quality Act California Relocation Assistance Act, and all other federal, state and local laws, rules and regulations. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: July 6, 1993 REPORT DATE: June 23, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Adoption of a 1992 CMP Conformance Self -Certification Resolution. SUMMARY: The state statute requires that local jurisdictions adopt a resolution by August each year certifying their conformance with their Congestion Management Program (CMP) for the previous year, which encourages car pooling, van pooling, transit ridership and non -motorized transportation. RECOMMENDATION: The City Council adopt Resolution 93 -XX finding the City of Diamond Bar to be in compliance with the 1992 Congestion Management Program (CMP) and approving the CMP Conformance Checklist. LIST OF ATTACHMENTS: X Staff Report _X Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) X Others: Attachment A 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? X Yes _ No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? Planning & Traffic Transportation 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Planning REVIEWED BY: Terrence L. Bel r City Manager 41n George A. We� Interim City Eng�n AGENDA NO. MEETING DATE: July 6, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Adoption of a 1992 CMP (Congestion Management Program) Conformance Self -Certification Resolution ISSUE STATEMENT The state statute requires that local jurisdictions adopt a resolution by August each year certifying their conformance with their Congestion Management Program (CMP) for the previous year, which encourages car pooling, van pooling, transit ridership and non -motorized transportation. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 93 -XX finding the City of Diamond Bar to be in compliance with the 1992 Congestion Management Program (CMP) and approving the CMP Conformance Checklist. FINANCIAL SUMMARY The City receives various gas taxes, State and Federal Funds as souses for Public Works operations and CIP projects. The City must report it's compliance with Congestion Management Plan requirements annually. If the City does not comply, the State may withold our monies for non-conformance. BACKGROUND/DISCUSSION As part of it's Congestion Management Plan (CMP), the City of Diamond Bar was required to adopt a Transportation Demand Management (TDM) Ordinance. This Ordinance No. 01 (1993), which encourages carpooling, vanpooling, transit ridership and non -motorized transportation, was adopted at the March 16, 1993 City Council Meeting. A second responsibility of the City was to adopt a program to analyze the impacts of land use decisions on the regional transportation system, including an estimate of the cost of mitigating the impacts. Appropriate land use evaluation guidelines were included as part of the aforementioned TDM Ordinance No. 01 (1993) adopted by the City Council at the March 16, 1993 meeting. The final responsibility of the City is to conduct annual traffic counts and calculate levels of service for "County selected" arterial intersections by June 15, 1993. At present Grand Avenue is part of the CMP network and the City must submit counts for the Grand Avenue/Diamond Bar Boulevard intersection. These counts were completed and submitted as required. The self -certification process is the last local requirement for implementation of the 1992 CMP. Completion of this requirement will be 1 City Council Report CMP self -Certification Page Two accomplished by transmitting the attached 111992 CMP CONFORMANCE CHECKLIST" (Attachment A) to MTA by August 1, 1993. However, prior to transmitting this checklist, the City Council of the City of Diamond Bar must adopt a Resolution: "Finding the City to be in compliance with the 1992 CMP and approving the CMP conformance Checklist", at a public hearing. The MTA uses the Conformance Checklist in assessing jurisdictions, adherence to CMP responsibilities. Conformance with the CMP assures the continued flow of Section 2105 gas tax funds, and preserves eligibility for state and federal transportation programming funds. 2 RESOLUTION NO. 93--x_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY OF DIAMOND BAR TO BE IN COMPLIANCE WITH THE 1992 CONGESTION MANAGEMENT PROGRAM (CMP) AND APPROVING THE CMP CONFORMANCE CHECKLIST. A. Recitals (i) The Los Angeles County Metropolitan Transportation Authority ("MTA"), acting as the Congestion Management Agency for Los Angeles County, adopted the Congestion Management Program on November 18, 1992; and (ii) The adopted CMP requires that MTA annually determine that the County and cities within the County are conforming to all CMP requirements; and (iii) The adopted CMP requires submittal to the MTA of the CMP self -certification checklist by August 1, 1993; and (iv) The City Council held a public hearing on July 6, 1993. B. Resolution NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City of Diamond Bar has taken all of the actions reflected on the CMP Conformance Checklist, attached hereto as Exhibit A and made a part hereof, and that the City of Diamond Bar is in conformance with all applicable requirements of the 1992 CMP. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. PASSED, APPROVED AND ADOPTED this 6 day of July , 1993. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of. Diamond Bar held on 6 day of July , 1993, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - LYNDA BURGESS, City Clerk City'of Diamond Bar ATTACHMENT A 1992 CMP CONFORMANCE CHECKLIST This checklist must be submitted to the Los Angeles County Metropolitan Transportation Authority (MTA) by August 1, 1993. The address for submittal of the checklist follows: Los Angeles County Metropolitan Authority CMP Conformance Checklist (MS -2200) 818 West Seventh Street, Suite 1100 Los Angeles, California 90017 This checklist is for the City of: Diamond Bar A check mark in the box adjacent to each statement below confirms that the City is in conformance with the statement. Attached is a resolution, adopted by the City governing board at a public hearing, approving the transmittal of this checklist to MTA. The resolution serves as evidence that the City is in conformance with the CMP and each statement found on this checklist. By June 15, 1993, the City has conducted annual traffic EKI counts and calculated levels of service for selected arterial intersections, as specified in the traffic monitoring procedures found in the CMP Highway and Roadway System Chapter. Cities which the CMP does not require to perform this step should write 'INA" (i.e., not applicable) in the box adjacent to this statement. The City has adopted and implemented a transportation demand management ordinance. The TDM ordinance is consistent with the minimum standards identified in the CMP 's TDM Element, was adopted by the City governing board by April 1, 1993 and submitted to MTA upon adoption. The City has adopted and implemented a land use program to analyze the impacts of new development on the CMP system and the associated mitigation costs. The program is consistent with the standards identified in the CMP's Land Use Analysis Program Chapter. This program was adopted by the City governing board by April 1, 1993 and submitted to MTA upon adoption. CITY OF DIAMOND BAR c� � AGENDA REPORT AGENDA NO. TO: Terrence Terrence L. Belanger, City Manager MEETING DATE: July 6 1993 REPORT DATE: June 22, 1993 FROM: James DeStefano, Community Development Director TITLE: An appeal of the Planning Commission approval of Conditional Use Permit No. 91-12(1) and Development Review No. 93-2. SUMMARY: On June 3, 1993, Dr. Pamela and Kenneth P. Anderson filed an appeal regarding the Planning Commission approval of a Conditional Use Permit and a Development Review which permits the construction of a 6,756 square foot, single story restaurant (Hamburger Hamlet) with a lounge/bar and patio dining. The project site is located at 2757 S. Diamond Bar Boulevard within an existing retail shopping center identified as Country Hills Towne Center. On June 25, 1993, Mr. Anderson requested that the appeal hearing be continued until the July 20, 1993 City Council hearing. Hamburger Hamlet concurs with the continuation request. RECOMMENDATION: It is recommended that the City Council continue this matter to the July 20, 1993 City Council meeting. LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinances(s) _ Agreement(s) X Other EXTERNAL DISTRIBUTION: None _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? X Yes — No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? PLANNING COMMISSION 5. Are other departments affected by the report? X Yes_ No Report discussed with the following affected departments: BUILDING AND SAFETY, ENGINEERING REVIE D BY: eR4J.,\-,/J9-4... *qto-4) Terrence L. lan9v mes DeStefano City Manager Community Development Director June 3, 1993 To: Diamond Bar City Clerk From: Dr. Pamela and Kenneth P. Anderson In opposition to the Diamond Bar Planning Commision's May 24, 1993 decision on agenda item 5 (Country Hills Town Center CUP, 9j -1,x(1) Hamburger Hamlet, etc) we file a protest to the Diamond Bar City Council. This is a complex issue which warrants further community input. Please note enclosed check number 2138 for $500.00 to satisfy planning appeals fee. we and our neighors will supply letters and other supporting materials as needed. Please keep us advised by contacting us at 909 594-4252. Sincerely, V Kenneth Anderson 2628 Rising Star Dr. Diamond Bar, 91765 e- �4L Post tt'° Brand fax transmittal mamo 7671 P89bs ' The Wolff Company -- ------ — -- Dept. A Real Estate Operating Company Fax M WX c June 29, 1993 Mr. Jaynes DiStephano Director of Planning City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765 Re: Request to Reschedule Anderson Appeal of the Hamburger Hamlet Decision at Country Hills by the Planning Commission before the City Council iYtJVIX 6 to -Z Dear Jim: As we understand it, Anderson's appeal of the Planning C omwkssion's decision to permit 614 construction of a Hambirger Ilai-Aet restaurant on Lot 15 at Country Hills could be scheduled for a City Council clearing as early as July 6. This letter respectfully requests that hearing be rescheduled for July 20. We feel there is considerable preparation necessary on our part for the gearing; and to bed properly prepared we need the extra two weeks. The addition of a Hamburger Hamlet restaurant at Country 1-iills would add a high quality restaurant to Diamond Bar, and we Think it de,erves the best possible presentation. Will you let us know, please, if our request can be granted, Thank you. Sincerely yours, for C_ c�urstry-Hills Tc�uT Center Thomas C. wt)lff. Jr., President Development Manager c: Mr. R. Mark Wyman, Executive Vice President Landsing Pacific Fund 77tX!IFONE.CEN7ER Ifk!.'E, Sl'IT'E'I", IRl':Ni- `.ALI`r'f:\I.A'127Pfl • l 14 i;o-IRi.. FAX: c714? '7.7416 77 I J-1 CITY of DIAMOND BAR NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF COUNCIL OF THE CITY OF DIAMOND BAR, pursuant to state law, that the City Council will conduct a public hearing on: A request to appeal Conditions of Approval set forth by the Planning Commission for a 7,070 square foot one-story restaurant with patio dining and lounge at 2757 S. Diamond Bar Blvd., within the Country Hills Towne Center. APPLICANT: Hamburger Hamlet, 14156 Magnolia Blvd., Sherman Oaks, CA 91423 DATE: July 6, 1993 TIME: 7:00 p.m. LOCATION: AQMD Auditorium, 21865 E. Copley Dr. Diamond Bar, Ca ENVIRONMENTAL DETERMINATION: Pursuant to the terms of California Environmental Quality Act (CEQA), the City has determined that this project requires a Negative Declaration. To preview case materials or for further information on this subject please contact the City Clerk's Office at (714) 860-2489. If you challenge this appeal and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office, at or prior to, the public hearing. PUBLISHED: San Gabriel Valley Tribune: June 11, 1993 Inland Valley Daily Bulletin: June 11, 1993 /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar June 7, 1993 Mr. Kenneth Anderson 2628 Rising Star Drive Diamond Bar, CA 91765 Re: Country Hills Towne Center Conditional Use Permit No. 91-12, Hamburger Hamlet, etc. Dear Mr. Anderson: Your appeal regarding Specific Conditions of Approval contained in Planning Commission Resolution No. 93-15 dated May 24, 1993, has been tentatively set for consideration at the City Council meeting of July 6, 1993. To confirm this date, a copy of the City Council agenda will be mailed to you a few days before the meeting. Sincerely, Lynda Burgess, CMC/AAE City Clerk cc: Community Development Director June 4, 1993 Mr. Kenneth Anderson 2628 Rising Star Drive Diamond Bar, CA 91765 Re: Country Hills Towne Center Conditional Use Permit No. 91-12, Hamburger Hamlet, etc. Dear Mr. Anderson: Your appeal regarding Specific Conditions f Approval conta d in Planning Commission Resolutions No. 93 J And 93-8 dated MuM 2y-, 1993, has been tentatively set for consideration at the City Council meeting of ��• To confirm this date, a copy of the City Council agenda will be mailed to you a few days before the meeting. Sincerely, Lynda Burgess, CMC/AAE City Clerk cc: Community Development Director June 3, 1993 To: Diamond Bar City Clerk From: Dr. Pamela and Kenneth P. Anderson In opposition to the Diamond Bar Planning Commision's May 24, 1993 decision on agenda item 5 (Country Hills Town Center CUP, Hamburger Hamlet, etc) we file a protest to the Diamond Bar City Council. This is a complex issue which warrants further community input. Please note enclosed check number 2138 for $500.00 to satisfy planning appeals fee. We and our neighors will supply letters and other supporting materials as needed. Please keep us advised by contacting us at 909 594-4252. Sincerely, Ki Kenneth Anderson 2628 Rising Star Dr. Diamond Bar, 91765 OTTV OF DTAMOND BAR AGENDA REPORT ACjravliA rio. `t.,3 TO: Terrence L. Belanger, City Manager MEETING DATE: July 6, 1993 REPORT DATE: July 2, 1993 FROM: James DeStefano, Community Development Director TITLE: Adoption of the 1993 General Plan SUMMARY: The General Plan is a statement of goals, policies and implementing programs to guide the long range physical development of the City. The Plan is required by State Law and determines the size, form and character of the City over the next twenty years. It is the most significant tool utilized by the community to ensure a balanced, comfortable environment in which to live and work. It represents the community's view of its future and serves as the "blueprint" to define the long term character of the City. In March of 1993 the City Council authorized the retention of a consultant team to further develop the Draft General Plan. Five community workshops have been conducted with residents to identify key planning issues and discuss potential General Plan policy options. The results have been summarized and forwarded to the Council for consideration. Since May 19, 1993, six public hearings have been conducted to consider the Draft 1993 General Plan. The purpose of the July 6, 1993, Public Hearing is to further review the Draft 1993 General Plan. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive a presentation from the General Plan consultant team, receive public testimony, forward comments to City Staff, and continue the public hearing. ATTACHMENTS: Staff Report Other EXTERNAL DISTRIBUTION: Library SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Bela*j City Manager 1 J es De5tefano Community Develop ent Director MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. July 6, 1993 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Adoption of the 1993 General•Plan ISSUE STATEMENT: The General Plan is a statement of goals, policies and implementing programs to guide the long-range physical development of the City. The Plan is required by State Law and determines the size, form and character of the City over the next twenty years. It is the most significant tool utilized by the community to ensure a balanced, comfortable environment in which to live and work. It represents the community's view of its future and serves ad the "blueprint" to define the long term character of the City. In March of 1993 the City Council authorized the retention of a consultant team to further develop the Draft General Plan. Five community workshops have been conducted with residents to identify key planning issues and discuss potential General Plan policy options. The results have been summarized and forwarded to the Council for consideration. Since May 19, 1993, six Public Hearings have been conducted to consider the Draft 1993 General Plan. The purpose of the July 6, 1993, public hearing is to further review the Draft 1993 General Plan. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive a presentation from the General Plan consultant team, receive public testimony, forward comments to City Staff, and continue the public hearing. BACKGROUND: On May 19, 1993, City Council began the public hearing adoption process for the General Plan. The Council received testimony on proposed revisions related to land use and open space policy. The public hearing was continued to May 26th in order to further discuss the Land Use Element, Open Space related policy and present the Circulation Element. The May 26, 1993, continued public hearing accommodated further public testimony and Council discussion. The hearing was continued to June 2, 1993, for a review of the Circulation Element. The June 9, 1993, public hearing provided an additional opportunity for public review and comment on the entire General Plan. On June 16, 1993, the City Council received a presentation on the 1993 General Plan, specifically, the substantial areas of change which reflect a significant difference to the 1992 General Plan. 1 In accordance with Government Code Section 65356 the City Council, on June 16, 1993, referred the proposed 1993 General Plan to the Planning Commission for review and recommendation of the proposed substantial modifications contained within the document. The Planning Commission conducted a public hearing on June 28, 1993 and forwarded their report to the City Council. On June 29, 1993, the City Council reviewed the recommendations of the Planning Commission and reviewed additional public testimony on the Draft 1993 General Plan. Text revisions as a result of comments and direction received at the June 29, 1993 public hearing will be presented July 6, 1993. PUBLIC HEARING NOTIFICATION: Public hearing notices were previously published within the San Gabriel Valley Tribune and Inland Valley Daily Bulletin in accordance with State Law. In addition, public notices were published within the Diamond Bar Highlander. Notice of the public hearings have been mailed to several hundred persons or organizations on our General Plan mailing list. All General Plan documents have been available for review at City Hall and the County Library. PREPARED BY: James DeStefano Community Development Director attachments: 1. Planning Commission Report dated June 29, 1993 2. Correspondence dated June 30, 1993, received from Max Maxwell on June 29, 1993. 3. Correspondence received from Wilbur Smith on June 29, 1993. June 30, 1993 City of Diamond Bar City Council 2185 E. Copley Dr. Diamond Bar, CA 91765 Dear City Council, After reviewing the June 16, 1993 Draft General Plan strike -out version, we have many changes to submit. Having attended all the public workshops and all but two City Council hearings of which our group has reviewed the tapes of those two meetings, we see many discrepancies to what has been presented by the public and what has been written into the June 16, 1993 draft version of the General Plan. The following pages are the wording and content we request to be placed into the final General Plan. Since our group spent two months writing our concepts and discussing them at the public meetings, using the July 14, 1992 Draft General Plan as a guide, our format follows that July 14, 1992 version. In an attempt to update to the June 16, 1993 strike out version, it was very hard to do so because of the many changes of pages and issues that are not related to the draft general Plan we used. Therefore, in an attempt to correct the specific page and issue numbers, we concluded that more time is necessary to do so. We had already worked hard to do the best job possible for ease of reading and cross referencing. However, after working the first few pages on the June 16, 1993 draft, we immediately discovered the draft does not reflect the public's request and where it was attempted to do so, the language is not strong enough or adequate by any means. The issues discussed need to be more specific and emphatic toward preservation of the open spaces, especially Sandstone Canyon, Upper Sycamore Canyon, Tonner Canyon and controlling development parameters. We feel this recent process of re doing the General Plan has been nothing but a "show," attempting to please those who aren't aware of the issues. This is further evidence Staff and City Council are not willing to listen to the people of Diamond Bar. This letter is to inform you that because of the past few months high impact and condensed scheduling of the hearings and no acknowledgement of listing to the public and making the changes we requested, we are prepared to take legal action to force the City Council to produce a General Plan that meets the needs of those who have participated. We are also prepared to do a Second Referendum and a Recall of those on the Council that are eligible. For the last time, we request the City Council to change the direction this General Plan has been headed and grant us the time to thoughly discuss the issues and reach a satisfactory agreement. Then provide ample time to proof the changes. What is the rush? We are working people and can not maintain the accelerated weekly meeting schedule and attend the regular City Council Hearings and Planning Commission hearings, all of which have been on their own accelerated schedule during these hearings within the past few months. Max Maxwell Committee for the New General Plan 2 Land Use Element This is only the Land Use Element. Once the City stays on one format and refrains from changing the pages etc. so we can follow the issues, we will continue and submit the other elements for further input! Diamond Bar Citizens to Protect Country Living Submitted by Max Maxwell 909 861-4121 June 30, 1993 These first few items are referenced to the June 16, 1993 Draft Version, Please note the June 16, 1993 version has incorrect page numbering. The July 14, 1992 version is used as reference afterwards. Pg. (The first) 1-6 para: 2. Add to the last sentence: Many Diamond Bar residents have opposition to any further development in this area in order to protect it's Significant Ecological Area. Pg. I-6 para: 3. Change to read: Tonner Canyon is located south east of Diamond Bar to the San Bernardino and Orange County boarder. A large portion of Tonner Canyon, including many acres west of the 57 Freeway, has been designated as a Significant Ecological Area No. 15, (SEA 15), Class 7, set aside in 1976 by Los Angeles County to be protected. It's an extremely rare and significant part of our natural environment. By definition, SEA 15, supports relatively undisturbed natural resources of Southern Oak, Woodlands, California Walnut trees and undisturbed coastal sage scrub and riparian woodlands. This species of trees is uncommon outside Los Angeles and Ventura Counties and should be able to continually support relative healthy animal population, if preserved. Tonner Canyon or (SEA 15) is individual and collectively a sensitive resource containing some of the largest remaining stands of Walnut Woodlands in the region. Riparian Woodlands are becoming increasing rare due to development and are protected by Fish and Game Code of the Clean Water Act and fall under the jurisdiction of the U.S. Army Corps of Engineers. This area is adequate in size to support the genetically stable populations of the plant and animal communities it contains. It's unknown what the actual threshold would be to maintain it's present status. To establish such a threshold for an area with such biological diversity, detailed studies of the rarest and most geotechnological and ecological sensitive species is required to provide a base index for its survival. 3 -Piecemeal development of even the peripheral portions of SEA No. 15, however small, has and will continue to cumulatively affect the biological integrity of the region. Pg. I-6. 3. ECONOMICS Last para. Change to read: Large parcels of land around town and adjacent to our city are potential fiscal resources. However, the citizens have expressed a desire to preserve the undeveloped lands such as Tonner Canyon, the Sphere of Influence, Upper Sycamore Park, on the Bramelia property and Sandstone Canyon for their natural beauty and environmental values and not to be developed by commercial or residential sources of revenue. (Second page numbering version) I-1 LAND USE ELEMENT I-5 Table I-2 SPHERE OF INFLUENCE LAND USE (1990) What does this table represent? I-7 D. 1. LAND USE MIX - ISSUE ANALYSIS Change to read as previously written before the strike out: (The current change is not what we want, the previous one that was struck out is better, however change to read: Those open land which have Deed and/or MAP restrictions should be considered to be a permanent part of the title, whether or not land has been dedicated to open space or park land. All lands with deed and/or map restrictions lands should be dedicated as permanent open space. If in doubt to any clarification of previous records on file or absence of a clear deed or map restriction(s) the land should be considered to be open space (OS) with restrictions. b. OPEN SPACE DEFINITION AND PRESERVATION First para. Last sentence reads: "The City must determine which lands will be defined as 'open space' which preclude development, and thereby require acquisition of private property rights." Change to read: This General Plan Map and enclosed listing indicates land and areas to remain "open space", such as Upper Sycamore Canyon, Sandstone Canyon, Tonner Canyon and other parcels within the City. b. Second Para: Eliminate the statement currently written starting off as: "Techniques and tools used for ..." 4 (Comment) These dedication should have been made long ago and determined before the General Plan is adopted. (Comment) Entitlement, land transfers or land exchanges are not permitted. I-7 b. last para. Replace to read: A means of protecting these open space and lands that bear deed and map restrictions must be pursued through an extensive effort of State, Federal and City funding programs. Acquisition of these lands may be necessary, however prudent methods of negotiation should be pursued with the individual land owners. Previous land use restrictions, building rights and non commercial values are to be considered in these negations. Some options are to negotiate with Land Trust and Conservancies, City's support and participation as the appropriate agency, partially funding other bond monies, grants, and public support measures such as Cal PAW, Prop A. and LATCO. Public Benefit Tax Assessments are not to be used. The City must stipulate any acquisitions of land acquistitons with the limits and specifications of any such action clearly stating the reason for acquisition. The final approval must be done by the electorate at the ballot box. I-7 Last Para: ISSUE ANALYSIS: Change to read: Open spaces are indicated on the "Open Space Map". A feasible open space acquisition program must be implemented to follow through with the preservation of these lands. (Comment) The open spaces must be designated prior to the approval of this General Plan. It has taken the City four years (4) attempting to produce a General Plan and there are no signs of preservation of open spaces in this General Plan. Just the opposite has occurred. Development plans in the City's pipeline will eliminate our precious open spaces if these open spaces are not confirmed before the General Plan is approved. Specifically one development is the SPMP, an area previously dedicated with "Building Restrictions" and "Future Park. It also bear the Land Use designation of Open Space (OS) when the July 14, 1992 General Plan left GPAC. I-8 First para. last sentence. Change the ending of the sentence that states: "City Government has two ultimate sources of revenue Local residents and businesses." Add to the last sentence: State and Federal Grants and Bond revenues. I-8 Second Para. Eliminate this paragraph. 5 (Comment) This has no place in our City. We do not want higher density by offering density bonus programs. This statement is and argument for more taxes or higher density homes. I-8 Para. 3: Eliminate this paragraph. I-8 Para. 4: Eliminate this paragraph. I-8 Para. 5: Eliminate this paragraph. I-8 Para. 6: Replace to read: New commercial and retail centers should not be promoted or approved that draw additional traffic or city problems until the existing businesses, especially Gateway Corporate Center are 95% occupied. The City should work with local merchants to find solutions to attract sales to the businesses in our City for them to survive, therefore increasing their incomes and profits. In turn the City increases its revenues. A second position should be taken before attracting new businesses to Diamond Bar that dilute a starving market and brings additional traffic problems. ECONOMICS Page 5, first para, change last sentence to read: In addition, many residents moved to Diamond Bar because of the historical low rate of taxation and a desire to escape the inner city environment in favor of a natural rural open space environmental atmosphere. Page 5, first para, Delete the following from the last sentence. ..and may resist increased. or new costs associated with City hood." (Add in) Many residents favor smaller and lesser government, slow or no growth policies and an immediate solution to traffic problems. The City should control costs by maintaining a small staff and promote citizens participation using the professional talents of individuals in the neighborhood prior to hiring expensive consultants. Their volunteerism, at no cost to the city, will serve the community with expertise and knowledge that will create a cooperative civic minded community atmosphere and a rewarding contribution by those citizens. Their expertise could save the City thousands of dollars in consulting fees, buy-out fees and services. By filing a conflict of interest form these citizens will truly be distinguished from having any conflict of interest. Their services, labor or informative information may be considered in making a final decision when no conflict of interest has been determined. At no time, will any citizen associated or related to any contracts issued be eligible to participate or receive 6 contracts or payment. They can also be advisory to any consulting firms hired. The City should seek additional revenues by supporting the needs of existing businesses helping them achieve a 95% occupancy of existing un -occupied business buildings. This can be done by promoting development on existing graded pads and vacant business sites, buildings, offices etc. such as Gateway Corporate Center and strip malls that already exist, before further approvals of land developments in the residential and commercial sector to ward off any increase in traffic and environmental issues. This can be an immediate effective return of tax dollars to the city. Our City government shall approach an increase in income by aggressively pursuing all State and Federal monies available ie. gas taxes, Prop A, C, LATC, bond measures etc. making the maximum use and not selling off the funds at a discounted rate. The leverage of using these monies is substantial and can't be overlooked. COMMENT: A statement should be made regarding the HUD requirement and the availability monies available to developers to use in building low income housing. Also, it is mandatory from our view point that HUD locations be identified on the Land Use Map in this document prior to it's approval. Our current Ordinances shall be modified to reflect a reduction of restrictions on signage, and more appropriate and adequate parking facilities in relationship to the type of businesses to provide ample, but not congested conditions to encourage more courteous pleasurable shopping and less restrictions to the businessman. The City of Diamond Bar must aggressively work to eliminate traffic congestion as a major issue by working with regional and neighboring cities is. Chino Hills, Chino, Brea, Walnut, City of Industry, Pomona an Phillips Ranch, LATCO etc. This may entail land use restrictions or additional fees on developers to eliminate the problem. Efforts should be directed to solve the 57/60 freeway interchange traffic problem as soon as possible. A MORATORIUM will be placed on all future development of Single family dwellings and commercial development in the City of Diamond Bar for five (5) years or until the traffic is reduced to a level "C", whichever takes the longer time. Insert in to General Plan under: I-6, 1. b. ECONOMICS as follows: The need to increase revenues confronted dramatically by improving the City business atmosphere in volume of local retail sales with the already existing businesses by maintaining consistent fees on taxes, assessments, building permits and rents etc. Our local businesses will have confidence and plan for the long range of opportunities. Merchants can purchase in volume at lower costs and manage at constant costs, not always being threatened by increases and being lured to move out by other neighboring cities that offer better incentives. Efforts should be extended to establish local sponsored programs, training etc. for merchants to gain knowledge and benefit of a city that cares and cooperates to help it's merchants. Diamond Bar can be the leader in bringing our businesses out of the hard times, through cooperative programs etc. ********************* The following are related to the July 14, 1992 version of the Draft General Plan. ********************* The following references are to the July 14, 1992 Draft General Plan after page 8 no reference to June 16, 1993 General Plan, just the July 14, 1992 General Plan. Page 5 last para. (one sentence) Change to read as follows: The sphere of influence, surrounding neighborhoods, cities and open space have been researched, evaluated and presented to the City prior to determination of land use policies, zoning, deed and map restrictions and are presented in this General Plan. Even though sources of municipal revenues are not as substantial as other Cities, the citizens desire to live in an open space environment. "Country Living" must be a priority to considerations to'continue development without a ceiling. It. is evident that policies must be made to reflect those of the citizens who live here, over some of the desires of a City Government that sees growth as an endless way of living. A new public policy should be re-established to give ample opportunity beyond the basic requirement by law of the legal notices to notify and inform the citizens of land use decisions such as a special program of dispersing information. Pg. 4, 1 Change to read: Tonner Canyon in our sphere of influence must be recognized and protected from future development. No development is presently planned. The City honors this Significant Ecological Area, a classification granted by Los Angeles County in 1976 as (SEA 15). Many concerns have been expressed about this area, however the city's efforts should be greatly extended to protect its natural ecological values, habitat and historical values. Pg. 4, 2. Change to read: The City's location is in a critical location and extremely sensitive to and plagued with traffic congestion. This solution should be remedied before any further development occurs in the City of Diamond Bar. Extensive efforts should be extended to resolve the 57/60 Freeway Interchange traffic problem. 8 There is an exclusive opportunity for our city to retain its remaining NATURAL environment of forested and highly vegetated hillsides and parcels within the City. A priority is to preserve what the citizens of our city have expressed in a desire to keep, an "open space environment" coined as "Country Living." This is also an exclusive opportunity to establish a regional museum of natural science, create a research library to study open space environmental issues, and pursue environmental educational program within the region and local areas. Tonner Canyon, (Sphere of Influence), Sycamore Park and Upper Sycamore Park and Sandstone Canyon must be preserved and can be the "school rooms". Prior to any development on these sites a complete ecological study should be made to establish the animal wildlife and raptor (bird) corridors that rely on these wilderness area that are in our control. A small window of opportunity exists at present that will be gone if nothing is done immediately. CIRCULATION Pg. 4, Eliminate the last para. which states: Tonner Canyon (the City's sphere of influence). has been proposed as the of a regional bypass roadway... Pg. 4, last para. Eliminate totally or change to read: Tonner Canyon (the City's sphere of influence). and other's such as Soquel Canyon, Carbon Canyon and improvements on the 57/60 freeway must be discussed as an alternative to traffic relief. However, much controversy exists on the value of all these routs. Additional studies should be made to evaluate the regional picture with more emphasis on improving the 57/60 interchange and controlling future development in our own City and those of adjoining Cities as alternative solutions. I-3 Table 1-1 and following pages I-3, I-4 to be updated: to reflect the Rural Hillside (RH) to the newly approved maps that are discussed in the General Plan. As the tables presented in the July 14, 1992 version and the fold out map I-5 dated June 23, 1992 did not reflect accurate data per existing Table I-1 & 2. The new map we propose is to include a Rural Hillside designation (RH) for a Land Use designation of 1 DU/2.5 ACRE in areas of significant value in the hilly terrain, such as slopes of fifteen percent (15%) or more and those adjacent to and in SEA 15, heavily wooded and forested areas and provide adequate buffer zones setting a rural atmosphere to protect ridge lines and canyons. I-6 under: D. COMMUNITY DEVELOPMENT ISSUES 1. LAND USE MIX. a. DISPOSITION OF REMAINING OPEN LAND E I-6, 1, a. Issue Analysis: Change to read: These open undeveloped lands that have deed, map and CC&R restrictions will remain and these restrictions are to become dedicated as permanent Open Space (OS) even if no dedication to a public agency has occurred. Upon determining any opportunity for a public dedication those parcels must remain as an option for the City to acquire those parcels as part of our permanent Open Space Policy. The City should endeavor to acquire a deed to the City as public park space or open land. In absence of clear deed, map or CC & R restrictions the matter should be sufficiently researched, paid by the developer attempting to develop the land by submitting proof and information, then holding a separate public hearing, prior to approval of any attempt to remove or alter any restrictions. Any developer wishing to remove or alter any "land use restriction," Map, Deed, CC&R's or requests of Annexation must present to the City Planning Commission and City Council and provide notification by certified mail within a two mile radius and scheduled public hearings to be heard as a SEPARATE issue before any development agreement(s) or map approval will be considered. Upon any doubt of the restriction, the City will accept any dedication in question in favor of land preservation over future development. It may be necessary to place the issue on an advisory ballot at the next regularly scheduled election. I-6, b. ECONOMICS Eliminate everything under (b) I-6, b. Change all of the following para. under (b. ECONOMICS) to read: Specific Land use decisions made prior to the aproval of this General Plan expresses the effort to support existing local businesses and a desire to be cooperative and encourages support. I-8, 3. CITY IMAGE a. MASTER PLANED COMMUNITY I-8, 3, a. First para: Change first para. to read: The original Master Plan concept for Diamond Bar has been tainted by irrational and erroneous improper building and development. However, the open space policy can still be applied to the remaining properties within our City. The City has identified in this General Plan policies and Land Use Designations that support substantially less development, controlled and limited use of many undeveloped sites. This increases property values by knowing the limits of development. The image of Diamond Bar has been "Country Living" and should be preserved as much I-8, 3, a. ISSUE ANALYSIS: Change to read: 10 There is a need to establish a reputation and signature for our city as "a pleasurable place to live in a rural atmosphere" without smog, traffic, crime and a city government that endeavors to preserve the natural open spaces. The remaining vacant commercial parcels have been determined for commercial businesses in a location that does not increase but reduces traffic levels. It is a truly natural area with protection for its existing wildlife. I-8 4. LOCAL VS REGIONAL NEED/SHORT - TERM VS. LONG-TERM SOLUTIONS a. CIRCULATION I-8 4, a. CIRCULATION Change this para to read: Diamond Bar presently is plagued with a number of "short cuts" from regional commuters during periods of freeway congestion. The City should extend extensive efforts to seek solutions to the traffic problem of over capacity residential traffic by attacking this problem head on. Diamond Bar must work with other Cities, local and regional governments, State and Federal. The goal is to free up our local streets BEFORE ANY MORE development brings additional traffic to the City. An immediate solution is needed. (Continued from above) A short term MORATORIUM of five (5) years will be placed on all residential and commercial development until traffic is reduced to a level of "C" on major arterial roadways such as Grand Ave. and Diamond Bar Blvd. Local traffic on Grand and Diamond Bar Blvd. can be addressed by signalization. A long term solution is to address the 57/60 freeway interchange by seeking a 4 lane reversible direction rout on top, double decker, or immediately adjacent to the existing freeway. This may require the City of Industry to grant easements along with Los Angeles, County utilizing a portion of the Diamond Bar, Golf Course adjacent to the freeway. Aggressive efforts should be made to lobby Federal and State funds, bond issues, etc. As new lanes completed over time, -it will relieve traffic, hopefully with a master plan that doesn't become obsolete by the time of completion. Therefore, keeping commuter traffic on the freeway as it was designed to be used. E. LAND USE GOALS, OBJECTIVES, AND IMPLEMENTATION STRATEGIES I-9 Goal 1 Change this statement to read: Maintain a land use mix consistent with the requirements of HUD as shown by locations identified on the enclosed Land Use Map (s), with a balance to encourage preservation of open space. Establish policies with existing undeveloped parcels and require regulations to prevent developers from destroying our NATURAL trees and vegetation on hillsides and ridgelines. This will entail a revision of the Hillside Management Ordinance and creation of a Tree Ordinance. 11 I-9 Objective 1.1 Keep as read: I-9 E. STRATEGIES: 1.1.1 Replace STRATEGIES 1.1.1 to read: a. Designate Hillside Residential (HR) for land with slopes up to 15%. These areas are identified on the Land Use Map. The maximum gross density of Rural Hillside (RH) will be 1.0 dwelling units per 2.5 gross acres (1 du/2.5 ac). Slopes from 15% to 25% or more will be 1.0 dwelling units per five (5) gross acres (1 du/5 ac.) The maximum grading on any of the (RH) or (RR) and (RL) will be 25% of the natural terrain. The effort is to retain and not disturb the visual contour and natural ecological' environment. In these classifications when any tree of significant value exist, the rule applies and grading is limited. Also, (see tree Ord.) The tree ordinance will enforce the 5 ft. grading drip line rule and identify five major trees that the city will have as identified protected, Coastal Live Oak, Black Walnut, Sycamore, Pepper, and Arroyo Willow. This Rural Hillside (RH) designation is indicated on the Land Use Map in this document. This is based on the public's desire to preserve the open space environment of parcels that are privately owned and under scrutiny of being developed. They are the areas within the "Country Estates" and all property along the San Bernardino County Line south of Grand Ave. parallel to the "Country Estates" and Diamond Ridge Development, further south to the southern portion of Diamond Bar at a point adjacent to the 57 freeway. The logic is: These properties.have been previously discussed by GPAC on Map dated June 12, 1991 and revised February 29, 1992. (map No. 2). A buffer zone must be retained for SEA 15. according to CEQUA. The ruggedness of the terrain and the desire to keep the NATURAL rural hillside setting and retain existing open space for animal corridors from being severed is required as a City policy. Note that SEA 15 does exist within portions of the "Back Country Estates", within the City of Diamond Bar boundary. Grading to make a firm pad is limited to a maximum of 25% every parcel. EXISTING LOTS OVER ONE and one half ACRE MUST retain 75% of their natural terrain when one or more Costal Live Oak, Sycamore, Walnut Pepper and Royal Willow trees or riparian Habitat or Blue Line is present on the parcel. The destruction of one of the listed trees will not be permitted. Clustering of homes and working around any of the existing trees listed above, is recommended. When trees are on a parcel grading must be restricted to a location to protect the trees, beyond five 12 (5) foot of the dripline. I-9, STRATEGIES: Add the following: No NEGATIVE DECLARATIONS shall be granted, nor mitigation to find a means to work around these rules will be permitted in a (RH), (RR) (OS) or lands designated as Parks (PK) No run-off from any development will be allowed to reach a blue line. All existing parcels with a single family dwelling currently in the City of Diamond Bar or in the (Sphere of Influence) will NOT be permitted to be subdivided to add a second or additional residential dwellings. This includes all existing sites that are large enough in acreage that could possibly accommodate such an additional dwelling. All future, subdivision maps of any kind for proposed developments currently in the City Planing Department "in the Pipeline" waiting for this General Plan to be approved will not be processed further until the five year moratorium has been lifted by traffic conditions substantially being reduced. I-9, STRATEGIES: 1.1.1, c. Change to read: 5.0 dwelling units per gross acre (5 du/ac) . from 6.0 dwelling units per gross acre. 6 du/ac. (Trimming the number to fewer structures) I-9 STRATEGIES: 1.1.1, d. Change to read: Designate townhouse, condominium, apartment,.. Maximum density of 12.0 dwelling units per gross acre (12) du/ac) vs. 16.0 du/ac. Zoning credits will then be acceptable at this lower density. I-9 STRATEGIES: 1.1.2 a. Change to read: Establish General Commercial (C) areas to provide for retail service and commercial development for a General Commercial classification. Areas with traffic congestion must not be approved until the traffic problems are substantially improved, with the exception of Gateway Corporate Center. Maintain a floor area ratio (FAR) between .25 and 1.00. and provide parking sufficient to meet the needs of abundant parking and reduce the overall traffic problems by increasing the amount of parking spaces necessary by 10$ more than existing standards. 13 Business development should be focused on the completion of Gateway Corporate Center as the prime location for local residents and commuter traffic to be attracted to. Gateway Corporate Center should be established as the only location to attract shoppers and business to the area from the freeway, such as restaurants, retail shopping activity form out of town travelers and commuters. An increase of parking facilities and landscaping per square foot of floor space per building structure should increased by 10% and put into our ordinances over the current standards. Effort should be dedicated to reduce additional traffic into Diamond Bar. Additional building of strip-malls or shopping centers should be limited to those that provide a relief to ingress and egress, parking and parking lot congestion etc. Strip and Mini-malls should not be developed or expanded until its track record has been established to show a 90% occupancy rate exists. Improvements or face lifting is an opportunity to enforce more stringent requirements to eliminate traffic or other existing conditions. No additional shopping center(s) should be added to Diamond Bar within the existing borders incl. (Sphere of Influence). However, it may be desirable to Annex other areas such as City of Industry, Pomona, Rowland Heights etc. to gain access to additional commercial sites in areas that are readily available to be used to decrease traffic or other problems. A separation of retail from residential must be maintained by a substantial amount of distance or natural physical separation ie. Major street, parks and natural terrain visibility to reduce if not add additional noise and air pollution etc. STATEMENT: (see noise levels section G.-1 charts, the "Pink Book via.Don Schad. it is accurate) Noise levels should be 25% less than existing levels as per chart Fig 11/D-5 Dec. 1990 first General Plan Book End. Engr. study) One goal should be to attract commuters from the freeway specifically to Gateway Corporate Center with easy freeway egress and ingress as well have availability for convenient access by local residences, but not to encourage freeway commuters to create more congestion for our local resident's who already have congested traffic conditions. No additional shopping center should be established within today's existing boundaries. All planing must be considerate of the potential of additional crime, graffiti and air pollution and traffic congestion. 14 I-10 STRATEGIES: 1.1.5. Change to read: Areas designated as Open Space (OS) does not permit residential or commercial development. These areas are maintained as dedicated and protected land resources for the utilization of recreation and education to the citizenry as a whole and their aesthetic NATURAL beauty and pleasure. Efforts will be extended to protect the natural vegitation, trees and animal life. This designation includes all parcels which have previous map or deed or CC&R's restrictions or designated to be parklands for public use. These restrictions cannot be removed until approved by a vote of the people at a major election. No grading will be permitted except to for improvements for facilities, and public enjoyment, such as club house, sanitary facilities, property maintenance facilities museums or historical purposes or safeguard public health and safety. Public parking facilities, if any, will be limited pending a balanced use and accessibility under strict conditions to prevent destruction of the natural environment and terrain. I-10 STRATEGIES: 1.1.7 Change to read: Planned Development (PD) is a designation given to parcel(s) that can be demonstrated to be more beneficial to the City and general public than when developed individually. All Planned Development (PD) or Specific Plan (SP) must be brought before the City Council after residents have been notified within a two (2) mile radius and public hearings are delivered by certified mail 90 days prior to heaings. They will be approved only after a public vote at a major election as a separate item on the ballot. I-10 STRATEGIES: Add the following: 1. Public notice in layman's language, must be given by certified mailing within forty-five (45) days to inform the citizens about details of any development in the City of Diamond Bar. Master Plan (MP) or (SP) require a ninety (90) day notice, then a fourty-five (45) day notice, then a two week notice with a three (3) mile radius, paid by the developers fees for each the Planning Commission Hearings and the city Council Hearings. 2. A massive informative campaign is to be conducted to inform the public for projects with parcels over five (5) acres with the above issue No. 1. paid by developer's fees. 15 I-10 3. 4. Commission and City Council Hearings are to be Planning to the residents noticed (separate notices for each} residents within a three mile (3 mile) radius, including uch of adjacent city or county res Rowland Heights setc.dents or businesessand as City of Industry, Pomona, paid by the developer. after a major election advisory election during th Only scheduled election where the voters have next regularly will changes in land use restrictions approved by vote, Pe for any land uses, or zone changes be p Use annexation, modified or removed from Land Classification including deed, map or CC&R restrictions. STRATEGIES: 1.1.8. Delete this item: It is included above. STRATEGIES: 1.1.9. Replace to read: is the designation given to Tres Agricultural (AG) s here of influence). Hermanos Ranch and Tonner Canyon ( P With knowledge that Tres Hermanos has been studied tor a Planned Development (PD) or Specific Plan (SP) the appropriate time this proposal will enbbe submitte heard ed for Planning Commission, City Council,and a decisive vote during the next major election tion map approved by the people. However, restrictions will be maintained. All CC&R'ublic hearing evaluated and final determination at the p and advisory public election. Canyon is to remain or Open Tonner Cany in as Agricultural (AG) Space (OS) which ever has the greater restrictions to permit the current activities at the Firestone Boy Scouts y year and to the samelet 1 No destruction as has existed over tohtake nplace with e presently habitat and ecological balance as the environment, by SEA 15 recognition in the purposes established y designation it bears. Within the desiq nation of (AG) it will permit agricultural only to the extent it has been used in the past with respect to maintaining the NATURAL ecological factors that presently exist. Protection of the natural resources should be aggressively enforced, honoring and respecting the SEA 15 ion to protect designation the NATURAL ecological balance and environment. _ . • a vau .. •-,�a;•e.,�rtation. nce Any activities that disrupts the 1, air of the canyon are forbidden ie. No level, pollution, light pollution, tree damage or removal and use such as cattle grazing should be grading. Existing presently used. restricted to the areas and intensity STATEMENT: Note: The open Space (OS) definition given in the July 14, 1992 Draft General Plan allows residential uses of one structure per parcel. 16 designation IS NOT to be given to Tonner Canyon or the Sphere of Influence under our new recommendations. Sandstone Canyon must retain all its original map, deed and CC&R restitutions and be designated as Open Space (OS) . I-11 OBJECTIVES 1.2. Replace to read: Preserve and or improve existing residential neighborhoods by preventing increased traffic, noise levels, air pollution, criminal activities and graffiti. I-11 STRATEGIES: 1.2.2. Change to read: Pursue a common identifiable continuity with complementary structures in neighborhoods that are pleasing and contiguous to the City's statement of "Country Living" ie. openness, less congested parking, color schemes and architectural design. I-11 STRATEGIES: 1.2.3. Change to read: Maintain and improve the integrity of existing neighborhoods by resolving traffic problems, preventing through traffic and keeping culdisacs closed, and develop with less need for new roadways. Discourage and regulate through traffic in neighborhoods or through our city, such as the Chino Hills residents taking a "short cut". Work to resolve the our local traffic problem by keeping freeway traffic on the freeway. I-11 STRATEGIES: 1.2.4. Change to read: Maintain residential areas to protect NATURAL resources and hillsides. An emphasis is to be place on NATURAL hillsides, ridgelines and canyons to remain in their existing un -disturbed state. Existing views will not be disturbed per a more stringent hillside slope density guideline and Tree Ordinance. I-11 STRATEGIES: 1.2.4 a. Change to read: Development in hillside areas should be designed with minimal grading to be compatible with existing natural areas, compatible to the extent of not removing over 75 % of the natural existing trees and vegetation not to disturb the views of existing developments, aesthetically pleasing by minimizing rooflines and obstructions. I-11 STRATEGIES: 1.2.4. Add the following: Actively develop a Tree Ordinance to protect the California Oak, Black Walnut, Sycamore, Pepper and Arroyo 17 Willow trees and natural Chaparral, and riparian woodlands for aesthetic reasons and protection of soils created by water run-off and ground stability. Hillside (RH) and (RR) or those parcels within canyons and ridgeline with heavily wooded areas should retain their existing natural terrain and remain undisturbed. Protection of existing views of adjacent residents must be preserved. No structure will visually obstruct or disrupt the natural view of another existing development. I-11 STRATEGIES: 1.2.4. Change to read: Earthwork on hillsides areas shall not destroy the natural terrain except for the pad which is to be limited to 25% of the parcel. Contour grading may be used, however, it is also limited to only 25% of the parcel for construction. Compacted pads, and graded parcels, street improvements and other ground work must be of a substantial improvement over existing compaction standards to ward off the many land movements plaguing our City in previous developments. Developers must provide a twenty (20) year guarantee in a bonding pool or sufficient insurance to provide a financial reimbursment against land slippage and compaction problems. I-11 STRATEGIES: 1.2.4 b. Change to read: Grading on any parcel with existing trees and vegetation listed that contain any Coastal Live Oak, Black Walnut, Sycamore, Pepper and Arroyo Willow, with a slope of 15 deg. or less will be restricted to grading only 25% of any portion original of the parcels. Parcels with a slope from 15 deg. to 25 deg. will permit only l0% grading on any parcel, including tops of ridgelines and where any trees are to be removed. Trees must remain to enhance the natural atmosphere, views and aesthetics. I-11, 1.2.5 Replace to read: Residential areas are required to be of the same character as the existing neighborhood in visual appearance and distinctiveness to retain a continuity and community atmosphere. When two or more unlike neighborhoods are adjacent, the new development will use the Land Use designation of the one with the lowest density. A variance will be permitted after a public hearing permiting lowering the density of the HIGHEST neighboring density by 20%. When conditions prevail and no trees are to be removed and slope density is sufficiently adhered to. I-11 STRATEGIES: 1.2.7. Replace to read: 18 As identified on the Land Use map in this General Plan, the low and moderate cost housing sites are .available, including those with provisions for HUD development. ( Requirement of State Law) (Also see Housing Goals, Objectives, and Strategies in this document) I-11 STRATEGIES: XXXXX Insert to read: Hi.Ilside areas with a slope of less than 15% should be one dwelling unit per acre 1 du/acre. Over 15% to 25% be one dwelling unit per five (5) acres. Grading on any slope over 15% will be allowed on 29% of the lot and lots with 25% slope grading will be limited to 15% of the total parcel. Ridgelines will be preserved, no grading will be allowed or developing on these ridgelines. I-11 STRATEGIES: Add to read: Clustering of homes is recommended to design around restrictions. However, NO density credit will be given to the overall land density calculations. Clustering is calculated by using only the land that has No deed or map restrictions or CC&R limitations. When restrictions are on the parcel(s) see example below. EXAMPLE: A ten (10) acre parcel containing four (4) acres of restricted building will permit use of only six (6) acres for development. The other portion is to be dedicated as Open Space (OS). Both Commercial and residential zoning requirements must be met using the useable six (6) acres. The restricted four (4) acres are not to be calculated or built upon. Clustering should be utilized to develop on the usable six (6) acres to make a more desirable and compatible site. In this example if twenty (20) homes are planned, the remaining six (6) acres will calculates to be .30 acres per parcel, leaving 13,000 sq. ft. lots. The proportional non graded area of four (4) acres must remain as dedicated restricted property. When trees are on any portion of the site, a maximum of 25% of the site is permitted to be graded. (See the following calculations for Single Family Dwellings (SFD) 19 Formula for pad size when 25% grading rule applies 1.0 acre = 43,560 sq. ft. 1/2 acre = 21,780 sq. ft. 1/4 acre = 10,890 sq. ft. 6 lots/acre = 7,260 sq. ft. lots. At 25% grading = 1,850 pad. 501x37' 5 lots/acre = 8,712 sq. ft. lots. At 25% grading = 2,178 pad. 50'x43.56' 4 lots/acre = 10,890 sq. ft. lots. At 25% grading = 2,722.5 pad. 50x55.45' 3 lots/acre = 14,520 sq. ft. lots. At 25% grading = 3,630 pad. 50'x72.60' 2 lots/acre = 21,780 sq. ft. lots. At 25% grading = 5,445 pad. 50'x107.90' 1 lot/ acre = 43,560 sq. ft. lot At 25% grading = 10,890 pad 50'x215.80' .5 lot/acre = 87,120 sq. ft. lot At 25% grading = 27,780 pad 50'x435,60' 20 I-11 STRATEGIES: 1.2.8. Delete a. & b. and replace to read: Provide density bonuses to a maximum of 15% for developments that have no existing designated rare trees and not in an area designated as (RR), (RH) (RLM), (OS) (PD) (MP) or utilizing one of the following density credits listed below: a. housing designed for senior citizens, disabled or full time college students with limited incomes and 15% of the units are at affordable rates. b. exemplary design and significant amenities beyond minimun requirements" that benefit the City and neighborhood. C. new housing for low or moderate income households that provide open space recreational activities designated for their exclusive and private use. d. Change to read: No density credits will be granted to land that has been designated as Open Space (OS). e. No density credits will be granted for land transfers. f. when a developer dedicates land to the City, Agency or Non -Profit Conservancy for public use, with provisions to maintain the parcel(s) by the developer, home owner association or responsible party bearing no financial burden on the City. g. When land is dedicated as permanent Open Space (OS) and substantial improvements have been performed by the developer, providing the property has no previously recorded deed or map restrictions or classified on the Land Use Map in this document as Open Space. I-12 STRATEGIES: 1.2.9, b. Replace to read: Property rights will NOT be transferable to another site, in exchange for development credits within the City. Each site must be developed within its own confines to meet the expectations of existing neighbors. This eliminates conflicts of existing residents who may have been told restrictions have been placed on adjacent parcels and expect no development will occur. Thus, preserving the remaining open space land. (ie. Tonner Canyon and the Pathfinder Homeowner association controversy) COMMENT: This will eliminate mis-conceptions that would involve the City. Keep the City out of the land development business! This will assure those lands with map, deed restrictions and CC&R's are utilized as originally designated on deeds or parcel maps etc. I-13 STRATEGIES: 1.2.9 Replace to read: (continued from above) 21 Density calculations for development proposals offering significant community amenities may NOT include land previously designed as open space or restricted at any time in the future. No transfer of development rights will be permitted under any condition. Each developer must develop their own parcel on it's own merits. If there is a need to transfer land, it is the developer's responsibility to negotiate the transaction and each sale carrying its own merits. I-12 1.3 OBJECTIVE Replace to read: As shown on the existing Land Use Map adequate land has been set aside and designated for retail, services, commercial, professional services, and other employment -generating establishments. This land has been located and found sufficient to meet the City's needs until build -out and should sustain our City until further growth is necessary such as a possible annexation of other adjacent areas. No plans are present to Annex Tonner Canyon of SEA 15 as they are to be preserved for their ecological values. It is a goal to actively pursue 95% occupancy of the existing of structures and available graded parcels prior to granting further development of sites that will add to the vacancy problem. (Note this does not say "to designate," but to identify these parcels in the General Plan process to become included on the map before the plan goes to rest!) I-12 Strategies I-12, 1.3.1 Replace to read: Sales tax leakage out of Diamond Bar to other nearby communities should be addressed to identify the City's fair share by a comprehensive study of surrounding neighborhoods to determine how Diamond Bar can be competitive, the types of businesses to be desirous and complement those businesses. Developer's fees should cover the cost of this study. I-12, 1.3.1 a.and b. Replace: Not needed if above applies, I-12, 1.3.2 Change to read: Work with the development of business to fully understand the reasons and strategy of business sites that will serve the needs of the citizens desire to NOT attract more traffic congestion, or transient type commuters. Do not encourage development that is dependent of freeway visibility to attract freeway commuters except that which already exists such as Gateway Corporate Center, a center specifically designed to take advantage of freeway visibility. Work with the appropriate agencies to enhance traffic flow to Gateway Corporate Center to alleviate local traffic congestion. 22 I-12, 1.3.2 a. Delete this statement: I-12, 1.3.3 and a. Change to read: After a complete study has been made and location have been determined as shown on the Land Use Map, (prior to the adoption of this General Plan) the citizens, local merchants, major retailers and businesses of Diamond Bar have a guide to identify what sites are available and best suited for their businesses. See Land Use Map. (These sites must be on the map prior to adoption of this General Plan) I-12, 1.3.3 a. Eliminate: (This is redundant if the above is adopted. If this statement is not eliminated, spell out each and every setting and limits required.) I-12, 1.3.4 Eliminate: (Redundant after the above study). I-12, 1.3.5, a. Eliminate: I-12, 1.3.5 b. Change to read: Gateway Corporate Center should be a maximum of six (6) stories. including buildings along Copely and Valley Vista Dr. to protect the homes and condos above the site and limit excessive traffic on Grand and Golden Springs Blvd. I-13, 1.3.5, c. Keep as read: I-13, 1.3.5, d. Keep as read: I-13, 1.3.6 Delete in total: I-12, OBJECTIVE: 1.4 Keep as read: STRATEGIES: I-13, STRATEGIES: 1.4.1 Keep as read: I-13, STRATEGIES: 1.4.2 Replace to read: Promote acquisition of funds from State, Federal and developers fees for development of parks and open space throughout the City to reach a desirous community park facilities at a ratio of five (5) acres per 1,000 residents. I-13, STRATEGIES: 1.4.3 Replace to read: Ensure that when a public agency determines land is no longer needed, the City of Diamond Bar has first option to acquire it as well as extend the offer to other agencies for public use. When the City desires to purchase this land, the City must publicly promote the parcel(s) that are available to other agencies or 23 Conservancies for acquisition and let it be known if the City desires to maintain the land or offer it to those other agencies. This offer then may be available to a private party in an outright purchase. An example is the WVWD four acres in the South Pointe Master Plan is how this should have have been done. I-13 STRATEGIES: 1.1.4 Change to read: As indicated on the Land Use Map in this document, the centralized site for a civic/multi-purpose community center has ben selected. This site will be designed to accommodate community recreation,civic business meetings and city business etc. I-14, STRATEGIES: OBJECTIVE: 1.5 Leave as is: I-14, STRATEGIES: 1.5.1 Leave as is: I-14, STRATEGIES: 1.5.2 Lands marked on the Land Use Map are to be preserved as Open Space. see page () a. Replace to read: Aggressively seek State and Federal monies and other means, including formulating developers' fees to purchase Open Space (OS) not already protected by restrictions. Protect these areas and dedicate them to public use as Open Space (OS). Land with restrictions and options should convert to Open Space (OS) or parkland and must be aggressively pursued. b. Replace to read: Limit the need for landscape districts to areas that can be maintained at very minimun maintenance cost. Lighting Districts should be paid by developers, if the lighting is needed, such as parks, streets etc. Limit the need to safety requirements and practical use vs. attempting to maintain a country dark atmosphere ie. "Country Estates" C. Replace to read: Investigate the need for a maintenance district for privately - owned , slope area that are along or visible from major highways. All future development are to contribute to this fund and be responsible for this element becoming a part of their own development I-14, OBJECTIVE 1.6 Keep as written: I-14, OBJECTIVE: 1.6.1 ? I-14, OBJECTIVE: 1.6.2 ? I-14, OBJECTIVE: 1.6.3 ? Eliminate (Tonner Canyon) ? I-14, OBJECTIVE: 1.6.4 ? Tres Hermanos I-14, OBJECTIVE: 1.6.5 Totally eliminate, no transfer of density 24 rights should be permitted. I-15, OBJECTIVE: 1.6.5 Keep as written: (Encourage Clustering) but add: ... equestrian trails, animal corridors and the L.A. County Regional Trails System. I-15, OBJECTIVE: 1.6.6, a. Keep as written: I-15, OBJECTIVE: 1.6.6, b. Keep as written: I-15, OBJECTIVE: 1.7 Keep as written: I-15, STRATEGIES: 1.7.1 Keep as written: I-15, STRATEGIES: 1/7/2 Replace to read: Extend greater effort to keep the public well informed of all land uses, civic activities, especially the final results to achieve greater knowledge to the public by expounding on the legal notice method being required by the basic legal requirements. a. Establish 6 new permanent locations to post public notices, not just the minimum 72 hour notice, but seven days (7) in advance. To advertise in layman's language the various Commission's and specifically every Planning Commission and City Council hearings. To establish and retain the same dates and times, however don't' Continue the session to another date before the regularly scheduled hearing date, unless a specific schedule has been determined three (3) months in advance. COMMENT: This is the reason the citizens have no trust in what has been going on in Diamond Bar. b. ADD TO THIS STATEMENT: ...and a descriptive (in layman' language) realistic description of Ordinances, land development projects that relate to the people who are not land engineers and a parcel map of specific sites. ADD TO THIS SECTION: C. Great effort should be extended to keep the public aware of the issues on land development, including pre hearings and post hearings. These costs should be paid by developer's fees. I-1511 STRATEGIES: 1.7.3. ? I-151 STRATEGIES: 1.7.4 ? I-16, GOAL. 2 Keep as written: I-16, OBJECTIVE 2.1 ? 25 I-1.6, STRATEGIES: 2.1.1 Keep as written: I-16, STRATEGIES: 2.1.1 a. Replace to read: a. Prior to approving new development or the intensification of existing development within the City of Diamond Bar, a FULL complete EIR must be submitted on all development larger than one single family dwelling unit, a single multi -complex or commercial buildings of over 10,000 sq. ft. Any grading to prepare sites of over 2,500 sq. ft. or movement of 1,000 cu. ft. of dirt will require a FULL complete EIR. b. Keep as written, but ADD that a full EIR is required on each project and complete review will be required on each phase of development. I-16, STRATEGIES: 2.1.2 Keep as written. I-16, STRATEGIES: 2.1.3 Change to read: Ensure that time -specific issues are evaluated as part of the review of new development and intensification of existing development. ie. example. "For example, it is mandatory that prior to approval of a project that affects Biological assessments in any way, affects traffic circulation, or increased density of an existing Land Use designation or zone change, air or noise pollution a Full EIR must be submitted within 90 days of scheduling public hearings. I-16, OBJECTIVE 2.2 Add to this statement: ...and lessens traffic congestion. I-16, STRATEGIES: 2.2.1 Replace to read: New development may or may not be completely compatible with surrounding land uses as a current existing condition. However, a visual blend of aesthetics and traffic flow must be priorities to facilitate a smooth transition. Efforts are to be extended to blend into, not to match the existing conditions, therefore not restricting the developer. However, when issues are evident and must be resolved, priority must be placed on maintaining Open space, a reduction of traffic problems, and providing less density over adjacent densities by substantial amounts (15% to 25%). when trees and vegitation are part of the consideration, the guidelines in slope density provided in this General Plan must be applied. I-16, STRATEGIES: 2.2.2 I-17, STRATEGIES: 2.2.3 I-17, STRATEGIES: 2.2.4 I-17, OBJECTIVES: 2.3 I-17, STRATEGIES: Keep as written. Keep as written. Keep as written. (views) Keep as written. 26 2.3.1 Keep as written. 2.3.2 Keep as written. 1-17, GOAL 3 Keep as written. I-17, OBJECTIVES: 3.1 I-17, STRATEGIES: 3.1.1 Keep as is: I-17, STRATEGIES: 3.1.2 Add to this statement: Keep and maintain bicycle and riding trails and corridors on the streets of Diamond Bar, specifically Diamond Bar Blvd. and Grand Ave. I-17, STRATEGIES: 3.1.3 ? (landscape maintenance districts) I-17, STRATEGIES: 3.1.4 Change to read: Actively pursue programs for fine art and Biological Science projects to be displayed throughout the city as part of an educational program. Seek funds and a site to establish a science museum of natural history to take advantage of the natural biological environment in and around Diamond Bar. I-17, STRATEGIES: 3.1.5 Keep as written: I-18, STRATEGIES: 3.2 Replace to read as a shortened version: Ensure that new development, that brings an increase in population is commensurate with the reduction of traffic, housing density to yield a pleasant and improved community to return to the "bedroom" residential area vs. a transient, industrial congested City image. It may not be required of Diamond Bar to have a complete shopping complex to meet all needs as ample centers are readily available in adjacent cities at competitive prices and service. I-18, STRATEGIES: 3.2.1 Keep as written, but eliminate "Where appropriate", This should be spelled out now if left in! I-18, STRATEGIES: 3.2.2 Keep as written: I-18, STRATEGIES: 3.2.3 ? What does "provide wide open areas with informal clusters of trees, defined by split -rail" mean? I-18, STRATEGIES: 3.2.4 Keep as written: I-18, STRATEGIES: 3.2.4 a, b, c, d. Keep as written: I-18, STRATEGIES: 3.2.5 Keep as written: I-18, STRATEGIES: 3.2.6 Add to this statement: 27 The separation of commercial and residential is of substantial distance, 1,000 feet or more or with a obstacle, such as a park, major street and obstacle equaling the same distance. That noise levels are not increased in these locations beyond previous levels. I-19, STRATEGIES: 3.2.7 ? I-19, STRATEGIES: 3.2.8 Replace to read: Actively pursue requirements that all overhead utility lines on all new development and roadway improvements be underground. I-19, STRATEGIES: 3.2.9 Replaced to read: Create a new Hillside Management Ordinance and create a Tree Ordinance stipulating in detail more control of conditions such as grading and preservation of existing natural wooded areas in and around our City. Establish a program to preserve their historical significance and increase beautification and awareness of their value in our environment. Trees to be included are: Coastal Live Oak, Black Walnut, Sycamore, Pepper and Willow before we reach a point of their extinction. All trees of a homeowner's preference should be valued whether the tree is as Diamonb Bar protected tree or not. I-19, OBJECTIVE 3.3 Replace to read: Protect the natural hillside areas and the visual view of highly wooded forests. I-19, STRATEGIES: 3.3.1 Replace to read: Preserve the remaining relents of our natural environment, rolling hills, canyons and heavily wooded forrest of historical trees. Restrict the urbanization to working around the environment by enforcing strict Tree Ordinance and a Hillside Management Ordinance. I-1901 STRATEGIES: 3.3.2 Keep as written: I-19, STRATEGIES: 3.3.3 Enforce more stringent development codes to insure development regulations do not destroy the natural land contours. I-19, STRATEGIES: 3.3.4 Limit grading to ----see previous statement. I-19, STRATEGIES: 3.3.5 Development should conform to the natural landscape as described above. Landform grading will only be permitted on small percentage of the parcel, limited to place the percent necessary for the pad, as required above. a. Foliage used in planting must be draught tolerant and natural species to the area. Because drought tolerant foliage is not fire resistant, care and discrimination should be given to it's use. 28 However, it may be wise to use fire resistant foliage where there is a possible fire hazard. b. Delete as it is irrelevant. Replace to read: All grading and landscaping should retain as many of the original trees and natural vegitation as possible, taking care to not remove trees on the Diamond Bar Tree List. I-20, GOAL 4. Replace to read: "Maintain long-term local and regional perspective of land use set forth in this document to enhance the quality of life for Diamond Bar residents" I-20, OBJECTIVES: Promote and cooperate in efforts to provide a land use and transportation planing program that reduces traffic congestion within our City: I-20 STRATEGIES: 4.1.1 Keep as written: I-20, STRATEGIES: 4.1.2 Keep as written: I-201 STRATEGIES: 4.1.3 Keep as written: I-20, OBJECTIVE: 4.2 Preserve the sensitive environmental areas, Tonner Canyon, Sandstone Canyon, Sycamore Canyon and Upper,Sycamore Canyon, plus other area such as SEA 15 in total ie. "Back Country Estates" for its natural hillsides, highly vegetated forests, rare trees and animal habitat. To pursue possible annexation of surrounding area that may increase our revenue, such as I-20, STRATEGIES: 4.2.1 Replace to read: Seek annexation of adjacent areas such as for financial revenue. However, Tonner Canyon in our area of Influence is to be preserved for its significant ecological natural area and habitat. When it can be demonstrated by a vote of the people at a major election and findings can be made the following should be considered at that time. I-20, STRATEGIES: 4.2.2 Replace the following a, b. c. & d. to read: I-20, STRATEGIES: 4.2.1 a. Desire and compatibility exists with the Majority of citizens in Diamond Bar, determined by a advisory vote of the people at a major election. b. The proposed annexation is consistent with the goals and objectives of the General Plan. C. Significant benefits to be derived by the City are received and our open space policy is not destroyed or transferred. 29 d. When the proposed area of annexation does not create a negative economic or social impact on Diamond Bar. e. When traffic conditions are reduced to level C on the streets of Diamond Bar. A roadway through Tonner Canyon is not to be calculated in the reason for annexating this area, as it has not been determined if this is the only solution. Only after the 57/60 freeway has been redesigned and traffic is reduced to a acceptable level in our City, should the roadway through Tonner Canyon be considered. If and when a decision to construct a roadway through Tonner canyon, it should not have any exits into the canyon or be interconnected to another roadway within the canyon. The reason is to prevent development, smog, noise, lights and environmental impact factors that will destroy the canyon. 30 RE SUBMITTAL OF ISSUES June 30, 1993 These following issues have not been responded to in full by the City Council and Staff. Previously dated June 7, 1993 by Tom Van Winkle General Plan Issues to be discussed. The General Plan should reflect the following policies and be reinforced by appropriate strategies. LAND USE 1. Every development is required to submit a full Environmental Impact Report (EIR) ie. Commercial, multi -unit, residential subdivision or rezoning such as: Old Post Office site, Yellow Brick Project, Hospital, JCC Project, residential subdivision... 2. A Negative Declaration will not be acceptable by this City. 3. Recognize and support legal conservancies such as Tonner Canyon Wilderness Conservancy, assist and actively pursue monies from State, Federal and local agencies to buy, preserve and maintain the canyons and open space lands in and around Diamond Bar. Protection of trees, vegitation and wildlife in the canyons and ridge lines should be a priority over development in those areas. This also includes a mandatory honoring and respect for the preservation of SEA 15 according to the reasons stipulated in the establishment of this ecological sensitive area. 4. Enforce and maintain all parcel map and deed restrictions on all parkland and open space and undeveloped properties that have been recorded and exist presently or prior to cityhood. All CC&R's that appear on deeds are to be dealt with separately. If any doubt in resolving any of the map or deed restrictions or CC&R issues, they should be discussed before City Council hearings as a separate issue with a priority of keeping an open space environment. An advisory election may be necessary to resolve some issues of great controversy. 5. A Rural Hillside (RH) designation must be included on the maps and tables for consistency before the General Plan is approved. Add into the General Plan the Rural Hillside (RH) category to reflect 1 DU/2.5 acres in significant ecological areas, heavily wooded areas, and parcels with slopes of fifteen percent (15%) or more. ie. Tonner Canyon, Sandstone Canyon, Sycamore and SEA 15. TRAFFIC 6. Address traffic as a complete issue by incorporating statements dealing with regional as well as local issues. ie. The effect of the Metrolink at Brea Canyon & Currier Rd. in relation to 31 the proposed project in Sandstone Canyon. The General Plan must address other projects outside our City that will affect our City. 7. The General Plan must state our approach to a regional solution to the 57/60 freeway interchange. In addressing Tonner Canyon roadway, the General Plan does not have specific terminology to define issues such as what "Environmentally Safe" means. The report submitted by Mr. Schafer, begins to offer meanings to these different terms, however more work needs to be given to this topic to define the issue more completely. See attachment "A". 8. The General Plan does not offer alternative options, goals or strategies for a solutions to the regional or local traffic problems, ie. alternate freeway improvements, double decker, rapid transit, alternate routs for roadways like Soquel Canyon and coordinating data and information with other Cities. 9. Implement strategies in the General Plan to encourage Mini - mall and Corporate landlords to keep their building(s) fully occupied by not allowing these landlords any further development until their buildings are occupied, and by implementing programs to assist small business to stay in business. This will increase the City tax revenue base. Example: Albertson's shopping center, owned by Arciero and Sons, is virtually empty, but they have plans to continue developing in Diamond Bar. Why should Arciero & Sons be permitted to develop in Diamond Bar when they can't maintain full occupancy with what they have already developed. 10. Implement strategies to keep small businesses strong and assist businesses in survival by modifying the existing Ordinances. Laws should be made consistent, but not so restrictive to cause financial hardship on businesses. ie. the sign ordinance, ingress and egress traffic problems and ample parking facilities. These issues can be addressed when remodeling or face lifting, etc. Gary Neely's Issues 11. Gary Neely's report has some important and extremely valid issues that need to be discussed and evaluated for their merit and considered as options in the General Plan. We may or may not agree fully with all issues, however they are substantial enough for further discussion and consideration. The following issues from Neeley's report, using the format of his report and his page numbers and references are: (see Attachment B) Page 2 under 1.1.1. f. Higher learning and recreation uses for our community and lake facility. Page 5 under 1.5.1 Development rights and CC&R's etc. should or should not be maintained are important issues: such as previously recorded restrictions etc. on maps. This topic should be defined and the 32 General Plan reflect the City's position. Page 6 under 2.1.1 c,d,e,f & g. Tres Hermanos reservoir, higher educational facilities, Tonner Canyon Roadway etc. in respect to pursuing correlation with Brea, Chino Hills, Chino and the City of Industry need to be defined and a determination made and stated in our General Plan for the benefit of Diamond Bar. Page 7 under 2.3.2 a. Regarding funding mechanisms, developer fees and redevelopment financing need additional discussion to form a firm decision and statement. Page 9 4.2.2 The topic of annexation of unincorporated areas west of Diamond Bar to strengthen our tax base and broaden our potential for industrial development is worthy of constructive discussion and consideration for our General Plan. Page 9 4.2.3 The topic of annexation of the City of Industry Urban Development Agency, who owns acreage (Tres Hermanos), to promote further opportunities to increase tax base needs, A complete discussion is worthy of evaluation. These few items including Gary Neely's report are especially useful for our City to balance our Open Space Policy and City revenue requirements as well as possible traffic solutions. A line by line interpretation of the General Plan changes will be submitted as soon as we receive your line by line strike out version. We request ample time to study yours and submit ours for discussion before the General Plan is approved. GEN4-LMWWSUE.03 33 I R E P O R T TO: Honorable Mayor and Members of the City Council FROM: Chairman and Members of the Planning Commission DATE: June 29, 1993 SUBJECT: Recommendations Regarding 1993 Diamond Bar General Plan The City Council referred the proposed 1993 Diamond Bar General Plan to the Planning Co=issicn for its review and recommendations. In response to that charge, the Planning Commission held a study session cn June 23, 1993 to prepare for a public hearing to discuss the 1993 General Plan which was hold on June 28, 1993. After taking public testimony and conducting deliberations, the Planning Commission voted to recommend adoption of the 1993 General Plan with the modifications set forth in Exhibit A, attached hereto. Attachment 930629 10572-00002 drh 1840540 0 EXHIBIT A 1. Revise page I-1, under the subheading "Retention of existing residential land use patterns and natural open space," first sentence, to read as follows: "There is a strong, long -held desire to maintain the 'planned -community' image of Diamond Bar, incorporating the hillsides as a distinctive characteristic." 2. Revise page I-1, under the subheading "Retention of existing residential land use patterns and natural open space," second sentence, to read as follows: "In addition, portions of the Sphere of Influence (SOI) and abutting lands within and adjacent Jo the City have been included in Significant Ecological Area 15 by the County of Los Angeles." 3. on page I-6, Section 3, "Economics," delete the fourth sentence, "In addition, many residents moved to Diamond Bar because of the historically low rate of taxation under the County, and may resist increased or new costs associated with Cityhood." 4. Revise Strategy 1.2.8 on page I-13 so that it is cons=stent with State law. "Provide density bonuses of 25 percent or more for projects which provide...." S. Revise Strategy 1.3.4 on page I-14 to read as follows: "Encourage the retention, rehabilitation, refurbishment, and/or expansion of existing business establishments and residentially compatible home occupations which generate sales tax revenues to the City, where consistent with other provisions of the General Plan and Development Code." 6: Revise page 1-16 and 1-17 by (a) deleting a portion of Strategy 1.5.3, the definition of "open space"; (b) renumbering the sentence in Strategy 1.5.3 ("Require a public hearing prior to any City action which would change existing deed restrictions on open space lands.") as Strategy 1.5.4;.(c) renumbering Strategy 1.5.4 as Strategy 1.5.3. 7. Modify the land use map for the Tres Hermanos property from "Agriculture" to "Agriculture/ Specific Plan"' and modify the text on page I-17, Strategy 1.6.4, to more accurately reflect the short term goal to retain agriculture until such time as the city is presented with a specific development proposal. S. Show Chino Hills Parkway and Grand Avenue on the land use map. 9. Show Significant Ecological Area 15 on the land use map. lo. Revise page III -2, Section 21 "Biological Resources," second paragraph, third sentence, to read as follows: "Tonner Canyon supports a diverse population of native animals, including the California ground squirrel, cottontail -rabbit, coyote, the 930629 10572-00002 doh IU054C 0 Pacific as well an possibly the endangered Stephens kangaroo rat, several species of mice and LQaaihly the California vnatcatc er." 11. Revise page III -6, Section 4, "Water Resources," to reflect current water conditions. 12. Revise page III -11, Strategy 1.2.3 to read as follows: "In conjunction with civic organizations, local schools and volunteers, the City may participate in an environment education program." 13. Revise page III -11, Strategy 1.2.4 to read as follows: "Pursue preservation of canyon areas in their natural state, as practical." 14. State on page Iv -5, Section 5, "Emergency Services and Facilities.," that there are inadequate medical facilities. 15. Revise page Iv -9, Strategy 1.7.1 to state that the City has a disaster preparedness plan and should implement this plan. 16. Revise page V-2, Section 1, "Future Development in Diamond Bar," as follows: "Issue Analysis: The City needs policies to address impacts to all streets in Diamond Bar and to maintain _Z improve roadway level of service." 17. Add a goal in the Circulation Element (V) to encourage the State to construct the necessary offramps on State Routes 57 and 60 and to improve the interchange at State Routes 57 and 60 at Sunset Crossing. 18. Add Strategy 1.1.5 on page v-5 to state: "Encourage orange and San Bernardino Counties to fund and construct an environmentally sensitive roadway through Soquel Canyon." 19. Revise Strategy 2.2.2 on page v-7 to state that the impacts from the roadways serving the high school site on surrounding residential neighborhoods should be minimized. 20. Add a strategy in the General Plan to encourage coordination with adjacent cities and other agencies to lobby the State and Federal government on a variety of issues. 930629 10572-00002 drh 1840540 0 June 29, 1993 779,00 DIAMOND BAR GENEILN-L. Pl—kN REVISION PROGRAM CITY COUNCIL HEARING: Jure 29. 1993 As directed by thc- City Council, the Planning Commission has reviewed the draft General Plan. and has concurred with the following signifii-wit ievisions which respond to the referenduin concerns: o RedugtiFotcntial Development Buildout: Reclassification of existing single-family detached resident -Lai parcels from RLM (Low Nfedium Residential) to RL (Low Density Residential); Reduction in mari:nsm 3cn5='ty of RI -M from 0.0 du/acre to 5.0 du/acre; (Both revisions .would acconunodate existing single-family density if greater than the classificatior maximurn) o PCcscrv_atik-)n c+f r►�en space; Addition of new ;ssue definition and new strategies to "... develop an open space program which will identify and acquire/prescrve open space..." (Strategy 1.5.4); Recognition of SEA 15; Addition of new language and new strategy to"... support further definition of the extent and intensity..." of sigrificant environmental resources in SEA 15 (Land Use Strategy 1.5,5); LVote: The Flann:ng Commission has suggested elimination of the ftrst portion of proposed Strategy 1.5.3 defining open space. ?hey suggest Using Strategy 1.5.4 for this purpose, and retaining the second portion of 1.5.3 which requires a public hearing for changes of deed restrictions. 0 141 aticn of L Bert and projected traffic impacts Removal and revision of issue test references to Tonner Canyon, and addition of new Circulation Strategy 1.1.4 : "Proactively work with adjacent ;tu1s1Jictiu11s in the cvaluatton of regional traniportabion linkage _ ouUanL1brQugh the easterly portion of the ysentsitivity here of lnfl»ence area which recognize and prioritize cm�ironmcnt(See also Land Use Strategy 1.0.1". «, H}J7cH,Hd can kdV :c© -6, 62 P•i;�f In addition to their concurrence with these major changes, the Commission has also suggested several items for consideration by the City Council which include the following: 1. Tres Herrnanos property: Change classification to "Agriculture/Specific Plan" to clarify short range/long range land use policy. (Change Land Use Element, Housing Element and niap); 2,ipnificart Ecological .Area (5E 1 ; Add SEA to Land Use map. Revise V151tsn Stateatettt to ittClu1le �Udja Mit" aiea as subject of analysi3 (Introduction); 3. Density bgnus. Cha. -age to read "—at least 25 percent,..". (Land Use Strategy 1.2.8); and 4. Home nccuatio ,: Change to read "... and residentially compatible home occupations..." (L -and Use Strategy 1.3.3). Int addition, the; Cutiwti�siutt ioi4ue5leil Aiff 111d CQ11suitantto review Tablc V•1 to resolve questions about street classifications. ;, /F! , 8 Htl!_QU� I A HHD t•I-39c : 60 _ - , 62 H! .. A fit DIAMOND BAR GENERAL PLAN COMMENTS JUNE 29,1993 WILBUR G. SMITH CIRCULATION ELEMENTS A. THE GENERAL PLAN CONTINUALLY REFERS TO A TONNER CANYON ROAD AS THE SOLUTION TO DIAMOND BAR TRAFFIC PROBLERS,WHEREAS THE SOURCE OF THE PROBLEM HAS BEEN CLEARLY IDENTIFIED AS THE 57/60 INTERCHANGE. B. SHOW EVIDENCE THAT ANY GOVERMENTAL AGENCY OF LOS ANGELES, ORANGE OR SAN BERNARDINO COUNTY HAS TAKEN ACTION TO SUPPORT A TOWNER CANYON ROADWAY. IF MO SUCH EVIDENCE EXISTS THEN DELETE; ALL REFERENCE TO THIS ROADWY. C. CLEARLY STATE WHAT ACTION THE COUNCIL PLANS TO TAKE TO OBTAIN GOVERNENTAL (FEDERAL,STATE) FUNDS FOR IMPROVEMENTS IN THE 57/60 INTERCHANGE. CIRCULATION ELEMENTS (CONT.) 0. STATE LAW REQUIP.ES A SUBSTANTIAL DIFFERENCE BETWEEN THIS PLAN AND THE PREVIOUS PLAN THAT WAS THE SUIJECT OF THE REFERRENDUN.THE INSISTENCE ON THE TONNER CANYON SOLUTION SUPPORTS THE ARCOMENT THAT THERE IS NO SUBSTANTIAL DIFFERENCE AND PREPARES THE GROUND FOR FUTURE C0UR1 ACTION. E. THROUGH OUT SO.CAL.THERE ARE MULTI-LEVEL INTERCHANGES AT THE INTERSECTION OF ALL FREEWAYS. THE FAILURE TO RRONGTE THIS AT THE 57/60 INTERSECTION CREATES THE IMPRESSION THAT THE TONNER CANYON ROADWAY IS BEING ADVANCED FOR PERSONAL GAIN. GEOLOGIC CONSIDERATIONS A. THIS GENERAL PLAN FAILS TO ADDRESS THE ADVERSE GEOLOGIC CONDITIONS IN DIAMOND BAR WHICH ARE CLEARLY IDENTIFIED IN : t THE E.I.R AND E.A.R Of THE GENERAL PLAN + THE E.I.R OF THE DIAMOND BAR ASSOCIATES PROPERTIES (TRACTS 47850,47851,48487) " TEST DATA AND GEOLOGIC ANALYSIS FROM THESE TRACTS. B. IN THE RECENT PAST (TWO YEARS) ADVERSE GEOLOGIC CONDITIONS HAVE RESULTED IN LAW LAWSUITES (DOA. INC VS.CITY OF DIAMOND BAR, CASE NO. 71 16 84). AND LOSS OF HOMES DUE TO EARTH MOVENERT. GEOLOGIC CONSIDERATIONS (CONT.) C. IT IS CLEAR THE CITY MUST HAVE PLANS/PROCEDURES AND ENGINEERING/LEGAL STAFFS CAPABLE OF AND MILLING TO ADVISE COUNCIL ON GEOLOGIC MATTERS. 0. THE DBA LAM SUITE IS A DIRECT RESULT OF INADEQUACIES IN THESE AREAS. MAIAGMAL CONSIDERATIONS THE GENERAL PLAN FAILS TO ADDRESS INADEQUACIES IN THE LEGAL/ENGINEERING/MANAGERIAL STAFFS FUNCTION. THE CITIES MAJOR PROBLEMS OVER THE PAST SEVERAL YEARS ORIGINATED WITH SONE STAFF ACTIVITY AS INDICATED BELOW. A. E.I.R FOR THE D.B.A. INC TRACTS (47850,47851,48487) •DIRECTED AND/OR WRITTEN BY MANAGERIAL STAFF * THIS EIR SNOWED EXTREME INSENSITIVITY TO ENVIRONE'NTAL CONCERNS (TONNER CANYON IN PARTICULAR ) AND LITERALLY RIPED THE COMMUNITY APART. IT SET THE COURSE n OF ACTION -HAT BRINGS US HERE TODAY. * THE GEOLOG--C DATA WAS REVIEWED BY THE ENGINEERING STAFF. OVER ONE YEAR LATER AFTER INTERSF PUBLIC OUTCRY THE CITY COUNCIL DISAPPROVED VTM 47850 ON THE BASIS OF ADVERSE GEOLOGIC CONDITIONS. THIS RESULTED IN THE LAWSUIT. AN ACCURATE ASSESSMENT OF THESE CONDITIONS BY THE ENGINEERING STAFF COULD HAVE PREVENTED THIS ENTIRE SCENARIO_ MANAGERIAL CONSIDERATIONS (CONT) B. ORGINAL GENERAL PLAN * DIRECTED AND/OR WRITTEN BY MANAGERIAL STAFF * CONTINUED PATTERN OF INSENSITIVITY TO ENVIROMENT,OPENSPACE,PEOPLES DESIRE FOR LOW DENSITY HOUSING.NO DEVELOPMEN IN CANYON AREAS, ETC, ETC, RESULTED IN THE Rr—F: f &E7 -Pins' LEGAL STAFF IS RESPONSIBLE FOR THE ATTEMPT TO CIRCUMVENT THE WILL OF THE PEOPLE WHICH RESULTED IN THE COURT CASE THAT THE CITY LOST. in 'rp,A3H 1s5(J,5 * ORCHESTRATED BY MANAGERIAL STAFF BUT POSSIBLE UNDER DIRECTION OF THE COUNCIL ITISELF D. BOTTOM LINE THERE SHOULD BE SOME LESSONS LEARNED OVER THESE PAST TWO YEARS THAT ARE REFLECTED IN THIS GENERAL PLAN, CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: July 6, 1,993 REPORT DATE: June 29, 1993 FROM: Terrence L. Belanger, City Manager — TITLE: Award of Design Services Contract for Golden Springs Drive Medians from Gona Court to Westerly City Limits. SUMMARY: To provide a uniform landscaping theme along Golden Springs Drive, medians are being to proposed between Gona Court and the westerly City limits. The proposal ed and evaluated five (5) proposals for complete the design services of the median islands. Staff has rete design services of subject project. award a design services contract RECOMMENDATION: It is recommended that xceedt$20 970.00; Council and (2) authorize a contingency amount Dwight French and Associates, in an amount not toe peCfive• from the City's perspective. of $5,000 to address contract changes that may be necessary y Pe LIST OF ATTACHMENTS: -X Staff Report _ Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications X Other: Dwight French and Associates Proposal (on file in City Clerk's (Office) 1. Has the resolution, ordinance or agreement been reviewed — Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 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: REVIE D Y: Terrence L. Bel g r City Manager C1'ry COUNCIL REPORT AGENDA NO. MEETING DATE: July 6, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Design Services Contract for Golden Springs Drive Medians From Gona Court to Westerly City Limits. ISSUE STATEMENT To secure the services of a qualified civil engineering firm to provide design services for the Golden Springs Drive Medians from Gona Court to westerly City limits. RECOMMENDATION It is recommended that the City Council (1) award a design services contract to Dwight French and Associates in an amount not to exceed $20,970.00; and (2) authorize a contingency amount of $5,000 to address contract changes that may be necessary from the City's perspective. FINANCIAL SUMMARY This project will be funded by the Landscaping Assessment District #38. BACKGROUND/DISCUSSION At the March 16, 1993 City Council meeting, the Council approved the installation of medians along Golden Springs Drive between 260 feet west of Adel Avenue and the State Route 57 Overpass. In order to provide a uniform landscaping theme, medians are also being proposed along Golden Springs Drive between Gona Court and the Westerly City Limits as part of the Landscaping Assessment District #38 improvements for Fiscal Year 1993-94. In response to the City's request, a total of five (5) design services proposals were solicited and submitted for evaluation. Those firms are as follows: 1. DGA Consultants, Inc. 2. J.F. Davidson Associates, Inc. 3. Dwight French and Associates 4. RKA Civil Engineers, Inc. 5. SA Associates 1 Golden Springs Drive Medians July 6, 1993 Page Two Evaluation of the proposals was based on demonstrated track record, adequate number of staff assigned to the job, experience of•team members, ability to work with City staff, knowledge of local conditions, involvement with related projects, ability to keep on schedule, ability to stay within budget and demonstrated interest by the consultants were utilized. Following ranking of the firms, estimated costs by each firm was then considered. From our previous experience with Dwight French and Associates and based upon their proposal, staff believes that the scope of work and related services represents the best choice. Dwight French and Associate's proposal reflects a complete understanding of the project and includes all aspects of the design effort. The cost by Dwight French and Associates also reflected the lowest cost estimate and includes all applicable tasks in the scope of work. The fee includes design survey, median island construction plans, landscape and irrigations plans, storm drain plans, striping plans, and traffic control plans. Bids ranged from $20,870 to $43,500 for the scope of work proposed by the City. Staff anticipates design to be completed within three (3) months. Prepared By: David G. Liu 2 TTY OF DIAMOND BAK AGENDA NO. . AGENDA REPORT TO: Terrence L. Belanger, City Manager PORT DATE: June 28, 1993 MEETING DATE: July 6, 1993 FROM: Bob Rose, Director of Community Services TITLE: Award of Contract for City-wide Street Tree Maintenance SUMMARY: On May 18, 1993, the City Council adopted Resolution No. 93-37 authorizing the City Clerk to advertise for bid for City-wide street tree maintenance. Bids were received from five qualified contractors, which were opened and publicly read on June 15, 1993. Bids ranged from a low of $71,458 to a high of $141,680. RECOMMENDATION: It is recommended that the City Council award the contract for City-wide street tree maintenance to West Coast Arborists, Inc., the lowest responsive bidder, in the amount of $71,458. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's Office) 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? Yes X No 5. Are other departments affected by the report? — Report discussed with the following affected departments: REVIEWED BY: Terrence L4Belange Bob Rose City Manager Community Services Director CITU COUNCIL RL.PORT AGENDA NO. MEETING DATE: July 6, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for City-wide Street Tree Maintenance ISSUE STATEMENT On May 18, 1993, the City Council adopted Resolution No. 93-37 authorizing the City Clerk to advertise for bids for City-wide street tree maintenance. Bids were received from five qualified contractors, which were opened and publicly read on June 15, 1993. Bids ranged from a low of $71,458 to a high of $141,680. RECOMMENDATION It is recommended that the City Council award the contract for City-wide street tree maintenance to West Coast Arborists, Inc., the lowest responsive bidder, in the amount of $71,458. FINANCIAL SUMMARY Street tree maintenance is budgeted for the 1993/94 fiscal year in the amount of $100,000. The bid of $71,458 is expected to provide routine and emergency street tree maintenance service for the entire 1993/94 fiscal year, well within the total amount budgeted. BACKGROUND The City-wide street tree maintenance contract provides for two types of service: 1) Routine maintenance of street trees on a five year schedule (1,954 trees in fiscal year 1993/94) 2) as -needed or emergency work to provide for the public's health and safety. The bid of $71,458 is expected to provide routine and emergency service for the entire 1993/94 fiscal year. Prepared By: Bob Rose, Director of Community Services Fi 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 West Coast Arborists, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor West Coast Arborists, Inc. 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 Citywide Street Tree Service as described in Exhibit "A". 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 citywide street tree service. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. a. The undersigned bidder agrees to execute the contract within 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 complete his portion of the work within one hundred twenty (120) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which 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. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional 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 by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. 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 general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777..5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprentice- ship council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices y the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to 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 that it is replacing at least 1/30 of its membership through apprenticeship training on an 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 programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall.comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. S. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any 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 persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or -liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against he Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated June 14 , 1993, in the total amount of $ 71,458 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date APPROVED AS TO FORM By: City Attorney Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time By: Title Title CITY OF DIAMOND BAR, CALIFORNIA Mayor By: City Clerk CITY OF DIAMOND 19-&P- AGENDA ARAGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: July 6, 1993 REPORT DATE: June 28, 1993 FROM: Bob Rose, Director of Community Services TITLE: Award of Contract for Landscape Architect for the Development of Pantera Park. SUMMARY: On March 2, 1993, the City Council adopted Resolution No. 93-10 authorizing staff to accept proposals from qualified Landscape Architects for the preparation of plans and specifications for the development of Pantera Park. Proposals were submitted by 18 firms, and after careful review of the proposals, interviews, tours of completed projects, reference checks, and negotiation of fees, staff is prepared to make a recommendation for the most qualified Landscape Architect to develop the plans and specifications for the development of Pantera Park. RECOMMENDATION: It is recommended that the City Council award the contract for Landscape Architect to complete the plans and specifications for the development of Pantera park to RJM Design Group, for an amount not to exceed $82,550. LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) Other: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED Y: n ^ XJ v Terrence L. Belanger V Bob Rose City Manager Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 6, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Landscape Architect for the Development of Pantera Park ISSUE STATEMENT On March 2, 1993, the City Council adopted Resolution No. 93-10 authorizing staff to accept proposals from qualified Landscape Architects for the preparation of plans and specifications for the development of Pantera Park. Proposals were submitted by a total of 18 firms. RECOMMENDATION It is recommended that the City Council award the contract for Landscape Architect to complete the plans and specifications for the development of Pantera Park to RJM Design Group, for an amount not to exceed $82,550. FINANCIAL SUMMARY The $1.47 million grant for the development of Pantera Park is funded by Proposition A, which was approved by Los Angeles County voters on November 3, 1992. The cost of the Landscape Architect will be paid from the Proposition A grant funds. BACKGROUND The City of Diamond Bar owns a 23 acre undeveloped rough graded park site in the eastern portion of Diamond Bar. The Pantera Park site has 15.5 developable acres and 7.5 hillside acres that will remain in their natural state. The phased development of Pantera Park is conceptually planned to include a turfed park site with two adult -sized lighted ball diamonds, and two lighted regulation soccer fields, restrooms, parking lot and tot lot, as well as 3 lighted tennis courts and a lighted basketball court. The City has $1.47 million in Los Angeles County Proposition A funds available for the first phase. A Landscape Architect is required to prepare the plans and specifications for the development of Pantera Park. 1 n-+,-ers DAAE - Lsneisesne IrA 0A July 6, 1993 Page Two DISCUSSION Proposals were received from 18 firms seeking the contract to design Pantera Park. The proposals were carefully reviewed based on the following criteria: 1. Related project experience. 2. Evidence of successful public 3. Recommendations by references. 4. Interview results. 5. Tour of completed projects and 6. Fee for services. participation on past projects. discussion with agency representatives. All 18 firms were evaluated based on the first three criteria. The results determined the top five most.qualified firms. The five firms were then each interviewed. The interview was followed with a site visit to a park previously designed by the firm and now in public use. The site visit also included an interview of a City representative who worked with the Landscape Architect during the development of the park, and now has responsibility for maintenance of the park. Criteria four and five reduced the list to three firms. Fees of the top three firms were then compared to obtain the most qualified firm at the lowest price possible. The Parks and Recreation Commission received updates on this process at their May 27 and June 24 meetings. A different commissioner participated in each of the final two steps of the selection process. RJM Design Group, established in 1985, has over 40 years of combined "principal" experience in the area of landscape architecture. They have completed over 30 parks and sports facility projects and believe in consensus building during the community involved design process. Prepared By: Bob Rose, Director of Community Services 6 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 6th day of July r 19 93 , between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and RJM Design Group, Inc. (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to Design and Development of Construction Drawings for Pantera Park ("Project" hereafter), a full, true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct copy of which is attached hereto as Exhibit "B" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The preparation of described in Exhibit "A" hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the Project. (c) Completion of Project: The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the adoption of as set forth in Schedule of Work of Exhibit "A" hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" and "B" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" and "B" to CITY within the time specified in Schedule of work in Exhibit "A". Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2. (b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of $82,550 for the performance of the services required 01 hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibits "A" and "B". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "B" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in said Exhibit "B". Charges for additional services 4 shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees to ,provide to CONSULTANT: ('a) Information and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the Project. (c) Such information as is generally available from CITY files applicable to the Project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified* materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of 5 termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "B", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: City of Diamond Bar Terrence L. Belanger City Manager 21660 E. Copley Dr., #100 Diamond Bar, CA 91765 RJM Design Group, Inc. Robert J. Mueting Project Director 27285 Las Ramblas, #250 Mission Viejo, CA 92691 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty- eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required C1 hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Worker's Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement" (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile 7 insurance against claims and liabilities for personal injury, death or property damage arising from CONSULTANT"s activities, providing protection of at least "One Million Dollars ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least one million dollars ($1,000,000.00) for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, agents and representatives. All policies shall contain language, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY 8 with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of dollars two hundred and fifty dollars ($250.00) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to W the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employees, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorney's fees and costs from the opposing party in an amount determined by the court to be reasonable. 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to Fut resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: Approved As To Form: City Attorney ATTEST: 11 CONSULTANT CITY OF DIAMOND BAR Mayor City Clerk CMMU OV DIAMOND WAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and City Council MEETING DATE: July 6, 1993 REPORT DATE: June 24, 1993 FROM: Linda G. Magnuson ccounting Manager TITLE: Pomona Valley Humane Society Animal Control Services Agreement - Supplement #2 SUMMARY: Annually the City Council is requested to review the Agreement for Animal Control Services with Pomona Valley Humane Society and approve the annual supplemental payment. RECOMMENDATION: Approve Supplement Number 2 to the Agreement for Animal Control Services between the City of Diamond Bar and the Pomona Valley Humane Society. Authorize the mayor to sign Supplement Number 2 to Agreement for Animal Control Services. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Spec. (on file in City Clerk's Office) _ Ordinances(s) _ Other X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 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: REVIEWED BY: ( A� 1 Ter ence L. BelAnger Linda G. Ma4nioon City Manager Accounting Manager X Yes_ No Yes_ No Yes_ No Yes_ No CITY COUNCIL REPORT AGENDA NO. MEETING DATE: July 6, 1993 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Animal Control Services Contract ISSUE STATEMENT: As a part their annual budget process, the Pomona Valley Humane Society is requesting that the City Council review it's agreement for animal control services. RECOMMENDATION: Approve Supplement #2 to the Agreement for Animal Control Services FINANCIAL SUMMARY: Annual cost of $49,826. BACKGROUND: The City of Diamond Bar entered into an agreement with the Pomona Valley Humane Society on May 21, 1991. This agreement commenced on July 1, 1991 and was effective for an initial term of 12 months. The agreement automatically renews on an annual basis until termination by one of the parties. The City agreed as partial consideration for services performed, that the Humane Society was entitled to retain various fees collected. In addition, the City agreed to supplement the income received by the Humane Society in an amount which is to be annually determined. It is being requested that the City Council approve compensation to the Pomona Valley Humane Society for FY93-94. The amount requested for FY93-94 is $49,654. This annual amount has remained unchanged since the inception of the contract in FY91-92. PREPARED BY: Linda G. Magnuson /J71 POMONA VALLEY HUMANE SOCIETYto m S. P. C. A. n Society for the Prevention of Cruelty to Animals 3: N rn June 16, 1993 Mr. Terrence Belanger, City Manager Diamond Bar City Hall 21660 East Copley Drive Diamond Bar, California 91765-4177 Dear Mr. Belanger: Enclosed are duplicate originals of the amended Supplement to the Agreement for Animal Control Services for the City of Diamond Bar. When fully executed, please return one copy to the Pomona Valley Humane Society for our permanent records. Very truly yours, Elaine L.—t z�� Assistant t Executive Director Enclosures 500 Humane Way • Pomona, California 91766 • 714/623-9777 "Working Together Since 1949 For The Benefit Of All Living Things" CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: July 6, 1993 REPORT DATE: June 29, 1993 FROM: Bob Rose, Director of Community Services TITLE: Award of Contract for the installation of the irrigation system and planting of trees along Route 60 Freeway. SUMMARY: On June 1, 1993, the City Council adopted Resolution No. 93-42 authorizing the City Clerk to advertise for and accept bids for the installation of the irrigation system and planting of trees along Route 60 Freeway. Bids were received from 4 qualified contractors, which were opened and publicly read on June 29, 1993. Bids ranged from a low of $322,118 to a high of $435,470. RECOMMENDATION: It is recommended that the City Council award the contract for the installation of the irrigation system and planting of trees along Route 60 Freeway to Coast Landscape Construction Inc., the lowest responsive bidder, in the amount of $322,118. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (on file in City Clerk's Office) _ Other: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 415 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 Bob Rose City Manager Community Services Director MY COUNCIL REPORT AGENDA NO. MEETING DATE: July 6, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for the Installation of the Irrigation System and Planting of Trees Along Route 60 Freeway ISSUE STATEMENT On June 1, 1993, the City Council adopted Resolution No. 93-42 authorizing the City Clerk to advertise for and accept bids for the installation of the irrigation system and planting of trees along Route 60 Freeway. Bids were received from 4 qualified contractors, which were opened and publicly read on June 29, 1993. Bids ranged from a low of $322,118 to a high of $435,470. RECOMMENDATION It is recommended that the City Council award the contract for the installation of the irrigation system and planting of trees along Route 60 Freeway to Coast Landscape Construction Inc., the lowest responsive bidder, in the amount of $322,118. FINANCIAL SUMMARY This project is being funded by the State of California through the Environmental Enhancement and Mitigation grant. There are total funds available for this portion of the project of $350,826. The lowest responsive bid of $322,118 is well within this amount. All costs incurred by the City of Diamond Bar with respect to this grant are reimbursed by the State of California. BACKGROUND/DISCUSSION On April 7, 1992, the City of Diamond Bar entered into an agreement with CALTRANS, Local Streets and Road Branch, for the Environmental Enhancement and Mitigation Program. The City was awarded a grant totalling $563,000 for the installation of an irrigation system and the planting of 5,500 trees along Route 60 Freeway. In January 1993, the City awarded a contract to the CCC to install the irrigation system and to plant the trees, and awarded a purchasing agreement to Marina Contractors to provide the irrigation and planting materials. Due to turnover of CCC workers, the work on the project has progressed slowly. 1 Route 60 Freeway July 6, 1993 Page Two In order to meet the project completion deadline, the City Council terminated the agreement with the CCC on June 1, 1993. The contract being discussed in this report allows the contractor 120 days to complete the project. This timeline insures that the project will be completed by November 30, 1993, well before the January, 1994 deadline imposed by the State of California. Prepared By: Bob Rose, Director of Community services 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 of Contractor Coast Landscape Construction, Inc. WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Installation of Irrigation System and Planting of Trees along Route 60 Freeway in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: The work to be done under this Agreement shall include the furnishing of all labor, material and equipment necessary for the construction of Landscape Improvements along Route 60 Freeway as set forth in the specifications for the Installation of Irrigation System and Planting of Trees along Route 60 Freeway in the City of Diamond Bar. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifivally 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: The undersigned bidder agrees to execute the contract within 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 ten (10) calendar days, and to complete his portion of the work within one hundred and twenty (120) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance wit 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. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to 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 by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in a form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works 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 "them wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, 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 general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes 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 by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the 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 that it is replacing at least 1/30 of its membership through apprenticeship training on an 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 administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal days 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 his, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8).hours in violation of said Labor Code. 8. 'VEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 17.73.8. 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 persons, either workmen employee's of the contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b.. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any 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 actions or claims for damages 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 Contractorsroposal June 29 , 1993, in the total amount of $322,11 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by any party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and cost incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date APPROVED AS TO FORM: By: By: Title Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: Date City Clerk w A 97 is City of Diamond Bar 06/30/93 Meeting Agenda For Page: L July 6, 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: Pastor Robert Clayton, Diamond Bar Worship Center ROLL CALL: Councilmen MacBride, Forbing, Werner, Mayor Pro Tem Papen, Mayor Miller 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES , ETC. 3.1 PROCLAIMING JULY, 1993 AS "PARKS AND RECREATION MONTH . " ,j��.^ c J U 4- r� 3.2 CERTIFICATES OF RECOGNITION TO WINNERS OF THE 1993 Diamond Bar Jr. Women's Club Annual Spelling Bee: First Place - Eric Laine, Maple Hill School; Second Place - Chelsea Ray, Quail Summit School; and, Third Place - Sean C)rStroud, G lden Springs School. 4. SCHEDULE OF FUTURE EVENTS: 0 4.1 CONCERT IN THE PARK - JULY 7, 1993 - 6:30 TO 8:00 P.M. - "Kelly Rae and Cadillac Blue" Country Western - Sycamore Canyon Park, 22930 Golden Springs Dr. 4.2 PLANNING COMMISSION - JULY 12, 1993 - 7:00 P.M., AQMD Auditorium, 2186 E. -Copley Dr.- q.3 -P r--. 02ery �1 4.3 CONCERT IN THE PARK JULY 4, 1993 - 6:30 TO 8 nd 8:00 p.m. - "Mid -West Coast Band" Top 40 Contemporary - 4r -,K Sycamore Canyon Park, 22930 Golden Springs Dr. 4.4 TRAFFIC & TRANSPORTATION COMMISSION - JULY 15, 1993 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.5 CITY COUNCIL MEETING - JULY 20, 1993 - 6:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 4.6 CONCERT IN THE PARK - JULY 21, 1993 - 6:30 TO 8:,p0 p.m. - "Mike Gealer & Euphoria" Contemporary Jazz - S more Canyon Park, 22930 Golden Springs Dr. 5. PUBLI EN 6. COUNCIL COMMENTS: City of Diamond Bar 06/30/93 Meeting Agenda For Page: 3 July 6, 1993 7.6 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY DISCRETIONARY GRANT PROGRAM FOR LIGHTING OF SPORTS FIELDS AT PETERSON PARK - Prior to spending any of the discretionary funds allocated to the City from the Safe Parks Act (Prop. A) a resolution and application are required. The 1993-94 adopted City budget includes $140,000 in Prop. A funding for the lighting of the sports fields at Peterson Park. All expenses incurred by the City with regards to this project are reimbursed by L.A. County. Recommended Action: Adopt Resolution No. 93 -XX approving the application for grant funds from the Los Angeles Regional Park and Open Space District per parcel discretionary grant program for lighting of sports fields at Peterson Park. 7.7 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE DESIGN AND DEVELOPMENT OF PANTERA PARK - Prior to spending any of the specified project funds allocated to the City from the Safe Parks Act (Prop. A), a resolution and application are required. The 1993-94 adopted City budget includes $1.47 million in Prop. A funding for the design and development of Pantera Park. All expenses incurred by the City with regards to this project are reimbursed by L.A. County. Recommended Action: Adopt Resolution No. 93 -XX approving the application for grant funds from the Los Angeles Regional Park and Open Space District specified project grant program for the design and development of Pantera Park. 7.8 RESOLUTION NO. 93 -XX: A RES LUTION OF THE CITY COUNCIL OF THE CITY OF DI N NG D IRECTING , B F E O OND BAR, 1) T A S ER S NT D 2) T OF OND B BO OC ED AND CT T OC 302 TY ERK O THE RESOLUTION-/IASEMENT DEED Action: S. PUBLIC HEARINGS: WILL BEGIN PRECISELY AT 7:00 P.M 8.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FINDING THE CITY TO BE IN COMPLIANCE WITH THE 1992 CONGESTION MANAGEMENT PROGRAM (CMP) AND APPROVING THE CMP CONFORMANCE CHECKLIST - Recommended Action: City of Diamond Bar 06/30/93 Meeting Agenda For Page: 5 July 6, 1993 1 2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY 0MYNG3REBUT- TAGUMENTS O ITY MEASURES -- SUBM T ED AT IPAL E CT ONS Rec mme ded Acti s re n it Co ncil d pt Resol 3- X providing for filing rebuttal ty measures. 19.3 RESO ION 93- SOLUTION CITY CO CIL THE CITY OF DIAMON , CALIFORN , TING n. PR OR ES FOR FILING WRITTEN ARG ARDIN CITY \1if MEA E D DIREC G THE CITY AT 0 Y TO PREP AN IMP TIA Re Qimend d Ac 'on: I is r t at th City' Cou�hci1 d t s for fili _ - -direct-ink_the- C�t-y Attorl�ey to r are—a�-i�[part-i-a-�--analysis. 10.4 ORDINANCE NO. OX (1993) - AN E OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ... FALSE ALARM ORDINANCE - Recommended Action: 11. ANNOUNCEMENTS: 12. ADJOURNMENT: July 6, 1993 779.00 To: City of Diamond Bar Jim DeStefano, Director of Community Development Fr: R. Dale Beland AIA, AICP Re: Response to Comments on General Plan Revision Background: As requested by the City Council, I have reviewed the comments received during the General Plan. Revision Program to date. The Council has already received an annotated copy of the Summary of Community Workshop Comments from Rounds I thru III. Each "bullet" comment which is reflected in the Draft General Plan was circled, and referenced as to Element. Those comments which require further direction from the Council were "noted". In addition to these Workshops, we have received comments at the public hearings. For purposes of clarity and conciseness, only comments requiring further direction from the City Council are noted. All others have been incorporated into the current Draft General Plan as appropriate. Insofar as feasible, they have also been listed by General Plan Element. Hearine Comments Not Yet Incorporated into the Draft General Plan: Vision Statement: Gary Neely. 1-a: Inclusion of "Tres Hermanos Water Resource Project'; inclusion of proposed University of California campus; 1-b: Inclusion of "Tonner Canyon Scenic Highway" and/or "Regional Bypass Roadway'; and 1-c: Re -write entire Vision Statement. Page 2 Diamond Bar Comments Land Use Element: Gary Neely. 1-d: Modify Strategy 1.1.1.e to incorporate U.C. campus and densities greater than 16 units per acre (also, Strategy 1.3.1.c); 1-e: Add lake -front recreational or educational business to Strategy 1.3.3.b; 1-f: Revise Strategies 1.4.5 thru 1.4.8 to incorporate U.C. campus and water features; 1-g: Rewrite Strategy 1.5.1 concerning map restrictions; 1-h: Revise Strategy 1.5.2d to consider park facilities in Sandstone Canyon, Upper Sycamore Canyon and Tonner Canyon; 1-i: Expand Strategy 2.1.1 to add policies concerning Tres Hermans Water Resource Project, Tonner Canyon Scenic Highway etc.; 1 j: Add Strategy 2.3.2a concerning funding of bikeways and trails; 1-k: Revise wording of Strategy 4.2.2. concerning annexation policy; 1-1: Add Strategy 4.2.3 concerning City of Industry and Tres Hermanos Ranch; 1-m: Modify Land Use Map to designate map -and -deed restricted open space lands. Max Maxwell. Mr. Maxwell's 33 -page commentary, received on June 29, limits this summary due to time constraints. We list some of the major comments 2-a: Revise p. I-7 (D1.b) to read: "This General Plan Map and enclosed listing indicates land and areas to remain 'open space', such as Upper Sycamore Canyon, Sandstone Canyon, Tonner Canyon and other parcels within the City."; 2-b: "Public Benefit Tax Assessments are not to be used"; 2-c: "Open spaces must be designatedrp for to approval of this General Plan"; 2-d: Revise p. I-8: "We do not want higher density by offering density bonus programs'; Page 3 Diamond Bar Comments 2-e: "A moratorium will be placed on all future development of Single family dwellings and commercial development in the City of Diamond Bar for five (5) years or until the traffic is reduced to a level "C", whichever takes the longer time"; 2-f: "The new map we propose is to include a Rural Hillside designation (RH) for a Land Use designation of 1 DU /2.5 ACRE...'; 2-g: "...provide notification by certified mail within a two mile radius and scheduled public hearings before any development agreement(s) or map approval..."; 2-h: "...address the 57/60 freeway interchange by seeking a 4 lane reversible direction rout on top, double decker... 2-i: "...revision of the Hillside Management Ordinance and creation of a Tree ordinance..." 2-j: "... no NEGATIVE DECLARATIONS shall be granted...'; 2-k: "strip and Mini-malls should not be established or expanded until its track record has been established to show a 90010 occupancy rate exists.'; 2-1: "All Planned Development(PD) or Specific Plan (SP) must be brought before the City Council after residents have been notified within a two (2) mile radius and public hearings are delivered by certified mail 90 days prior to hearings."; 2-m: "Only after a major election advisory election during the next regularly scheduled election where the voters have approved by vote, will changes in land use restrictions or zone changes be permitted for any land uses...'; 2-n: 'No further development of any kind will be permitted in Tonner Canyon, including a road way or other forms of transportation "• 2-0: "No transfer of development rights will be permitted under any condition.'; 2-p: 'Prior to approving new development or the intensification of existing development within the City of Diamond Bar, a FULL complete EIR must be submitted on all development larger than one single family dwelling unit..." Tom Van Winkle: Page 4 Diamond Bar Comments 3-a: "Every development to submit a full Environmental Impact Report (EIR)...'; 3-b: "A Negative Declaration will not be acceptable ny this City"; 3-c: 'Recognize and support legal conservancies such as Tonner Canyon Wilderness Conservancy...'; 3-d: "A Rural Hillside (RH) designation must be included on the maps and tables for consistency before the General Plan is approved.". Don Aad.- 4-a: had: 4-a: Revise Strategy 1.1.1a to lower Rural Residential density to 1 du/5 acres; 4-b: Revise Strategy 3.2.1 to eliminate "where appropriate", �ousing Element: 1-n Revise wording on pp.11-15 to reflect U.C. campus and water features; 1-0: Add Strategy 1.1.12 to supPort U.C. campus and water features Resource Management Element: 1-p: Revise Strategy 1.3.9 and add Strategies 1.3.10 thru 1.3.12 to reflect U.C. campus and water features. �- 4-c: 4-d: 4-e: 4-f: On p.III-2, include Sandstone Canyon and Upper Sycamore Canyon in B-1.; Revise Strategy 1.1.4 to incorporate development of Tree Ordinance; Revise Objective 1.2 to include Sandstone Canyon and Upper Sycamore Canyon; Revise Strategy 1.2.1 to remove "where practical; Page 5 Diamond Bar Comments S — 4-g: (Revise Strategy 1.3.1 to incorporate list of recreation/education programs- - in process). Public Services and Facilities Element: 1-q: Revise Strategy 1.1.5a and add 'b" to reflect U.C. campus, water features and Tonner Canyon Scenic Highway. Circulation Element: 1-r: Major rewrite with emphasis on inclusion of "lines on the map" for proposed Tonner Canyon Scenic Highway; 1-s: Revise Strategy 1.4.2 to reflect U.C. campus and water features.