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HomeMy WebLinkAbout08/03/1993CITY COUNCIL AGENDA Mayor — Gary G. Miller Mayor Pro Tem — Phyllis E. Papen Councilman — John A. Forbing Councilman — Gary H. Werner Councilman — Dexter D. MacBride City Council Chambers are located at: South CoastAir Quality Management DistictAuditodum 21 865 East Copley Drive ease re aln ;om srno in , gating or rin inIn a ncl am be rs MEETINGDATE: August 3, 1993 MEETINGTIME: Closed Session - 5:00 p.m. Regular Session - 6:00 p.m. Terrence L. Belanger City Manager Andrew V. Arczynski City Attorney Lynda Burgess City Clerk Copies of staff reports or other written documentation relating to each rteltt referred #o on #his agenda are on fife �n the Qffice of the Cityler[e and are available for public nspec�on If you have questions regarding an agenda item, please contact the City Clerk at'(g09� 86p 2489 during laidsmess hours. 1 ne city or uiamond Bar uses RECYCLED paper and encourages you to do the same. 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. 1. CLOSED SESSION 2. 3. �,M 5. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Next Resolution No. 93-59 Next Ordinance No. 04(1993) 5:00 p.m. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 6:00 p.m. Mayor Miller Reverend Thad King, Associate Pastor Church in the Valley. Councilmen MacBride, Forbing, Werner, Mayor Pro Tem Papen, Mayor Miller SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3.1 Certificate of Appreciation to Diamond Bar Lion's Club - for construction and donation of stage for Concerts in the Park. 3.2 Introduction of Capt. Larry L. Waldie, L.A. County Sheriff - New Walnut Station Commander. SCHEDULE OF FUTURE EVENTS: 4.1 Concert in the Park - August 4, 1993 - 6:30 to 8:00 p.m. "Smokewood" Bluegrass /Country Combination - Sycamore Canyon Park, 22930 Golden Springs Dr. 4.2 Planning Commission - August 9, 1993 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 4.3 Concert in the Park - August 11, 1993 - 6:30 to 8:00 p.m. "Jack Lantz Big Band" Orchestra/Big Band - Sycamore Canyon Park, 22930 Golden Springs Dr. 4.4 Traffic & Transportation Commission - August 12, 1993 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.5 City Council Meeting - August 17, 1993 - 6:00 p.m. AQMD Auditorium, 21865 E. Copley Dr. 4.6 Concert in the Park - August 18, 1993 - 6:30 to 8:00 p.m. "Rockadiles" 50's - 60's music - Sycamore Canyon Park, 22930 Golden Springs Dr. 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 AUGUST 3, 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 Warrant Register - Approve Warrant Register dated August 3, 1993 in the amount of $749,203.19. 7.2 Parks & Recreation Commission Minutes - Regular Meeting of June 24, 1993 - Receive & file. 7.3 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING AN APPEAL AND SUSTAINING THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 91-12(1) (AMENDING CONDITIONAL USE PERMIT NO. 91-12) AND DEVELOPMENT REVIEW NO. 93-2, AN APPLICATION TO CONSTRUCT A RESTAURANT WITH A LOUNGE/BAR AND PATIO DINING, AND MITIGATED NEGATIVE DECLARATION NO. 93-6 LOCATED AT 2757 S. DIAMOND BAR BOULEVARD - On July 20, 1993, Council directed staff to prepare a resolution denying an appeal and sustaining the Planning Commission approval of a Conditional Use Permit and Development Review which permits the construction of a 6,756 sq. ft., single story restaurant (Hamburger Hamlet) with a lounge/bar and patio dining to be located within the existing retail shopping center identified as Country Hills Towne Center located at 2757 S. Diamond Bar Blvd. Recommended Action: Adopt Resolution No. 93 -XX denying the appeal. 7.4 LEGAL SERVICES RE: DIAMOND BAR ASSOCIATES, INC. V. CITY OF DIAMOND BAR, ET AL. — Diamond Bar Associates, Inc., filed an amended complaint to litigation that had previously been filed, in which it specifically named two City Council members. Pursuant to California Code Section 825 and 995, the City may defend and indemnify City officials and public employees in litigation that arises from their duties as public officials and employees. Recommended Action: Pursuant to California Code Sections 825 and 995, defend and indemnify Mayor Gary Miller and Mayor Pro Tem Phyllis Papen in litigation entitled, Diamond Bar Associates, Inc., V. City of Diamond Bar, et al. (Orange County Superior Court Case No. 71 16 84). AUGUST 3, 1993 PAGE 3 8. OLD BUSINESS: 8.1 GOLDEN SPRINGS DR. RECONSTRUCTION/REHABILITATION PROJECT BETWEEN BREA CANYON RD. AND GRAND AVE - On June 15, 1993, Council authorized staff to advertise for bids for the Golden Springs Dr. Reconstruction/Rehabilitation Project between Brea Canyon Rd. and Grand Ave. At this time, the City proposes to award a contract to the lowest responsible bidder. Recommended Action: Award a contract to IPS Services, Inc. in the amount not -to -exceed $683,618.55 and provide a contingency of $68,000.00. 9. NEW BUSINESS: 9.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK ADVERTISE TO RECEIVE BIDS - Weed Abatement/Sidewalk and Parkway Maintenance is currently provided by Los Angeles County. Due to budget reductions and hiring freezes in the County, weed abatement services provided by the County and paid for by the City have been unsatisfactory. Bid Specifications are intended to secure a contractor to provide weed abatement and related services for the City in a satisfactory and cost effective manner. Recommended Action: Adopt Resolution No. 93 -XX approving specifications for weed Abatement/ Sidewalk and Parkway Maintenance and direct the City Clerk to advertise for and receive bids. 9.2 ORDINANCE NO. XX(1993): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING IN ITS ENTIRETY, CHAPTER 13.05 OF TITLE 13 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ESTABLISHING NEW REQUIREMENTS AND STANDARDS RELATING TO PUBLIC SAFETY ALARM SYSTEMS - Alarm systems are prone to be activated by electrical failures or other events having no connection with criminal activity with many hours of valuable police time being wasted each year answering false alarms. This can deprive those with genuine emergencies from getting needed assistance and places law enforcement and other safety personnel at great risk. Continued from July 20, 1993 meeting. Recommended Action: Approve for first reading by title only and waive full reading of Ordinance No. XX (1993) repealing Chapter 13.05 of Title 13 of Los Angeles County Code. AUGUST 3, 1993 PAGE 4 9.3 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE SUMMARY VACATION/WITH RESERVATIONS OF A PORTION OF A RIGHT-OF-WAY IN THE PROXIMITY OF THE INTERSECTION OF BREA CANYON ROAD AND LYCOMING STREET - The City received an offer from the Duze Company to purchase a narrow strip of land located on Brea Canyon Rd. south of Lycoming St. with the intention to provide additional parking. Recommended Action: Adopt Resolution No. 93 -XX approving the sale of vacant land located at the southwest corner of Brea Canyon Rd. and Lycoming St. to the Duze Company for $10,000. 9.4 HERITAGE PARK WATER SERVICE - With the construction of the Heritage Park Community Center, the Walnut Valley Water District is requiring a water main extension be constructed on Brea Canyon Rd. between Cold Canyon and Cool Canyon. Include as a part of the water line extension is the placement of a fire hydrant will be constructed, in front of Heritage Park. The water main is necessary, to maintain the water flow required for the fire hydrant. In conjunction with the City, the Water District will be contributing to the project and handle the installation. Recommended Action: Approve the for the installation of the Bre extension and Heritage Park fire City Manager to issue a purchase 10. ANNOUNCEMENTS: 11. ADJOURNMENT: allocation of $50,350.48 Brea Canyon Rd., water line hydrant; and direct the order. CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Regular Meeting at the South Coast Air Quality Management District Auditorium, located at 21865 E. Copley Dr., Diamond Bar, California at 7:00 p.m. on Tuesday, August 3, 1993. Items for consideration are listed on the attached agenda. I, LYNDA BURGESS, declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the Notice for the Regular Meeting of the Diamond Bar City Council, to be held on August 3, 1993 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 30th day of July, 1993, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar VOLUNTARY REQUEST TO ADDRESS THE CITYCOU REGARDING AGENDA ITEM No. DATE: O 13 119 / I TO: City Clerk FRONS: 5 n H &V— ,• �� ADDRESS: ' W - 3W S-11 1 4-6 ORGANIZATION: —1 td'AtLWl SUBJECT: 1. I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as yrfibf-en above. 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.0 UNCI REGARDING AGENDA ITEM NO. DATE: ; 2 =✓ TO: City Clerk , FROM: ADDRESS: ORGANIZATION: ss SUBJECT: I expect to address the Council on the subject agenda item. Please Council Minutes reflect my name and address as written -,above. the 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 UNCIL REGARDING AGENDA ITEM NO. �3 DATE: $ / 3 /'7 TO: City Clerk FROM: ADDRESS: ORGANIZATION: Part SUBJECT: (iou S/ 4, 4 2 � y c 2- 4-WIQ1 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. S Ecfnature NOTE: All persons may attend meetings and address thety Council. This form is intended to assist the Mayor in ensuring that 1 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: Ly 3 1,3 TO: City Clerk �W v E5 FROM: /�% C h4,1 lr 0"-. %'C ADDRESS: L� $��f c 1C- G �/✓ ORGANIZATION: SUBJECT: L9 /V I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as wr' ten above. Sianature 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: SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. r City Clerk I expect to address the Council on the subject Council Minutes reflect my name and address as agenda item. Please have the written above. Siqnature 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 FROI;: ADDRESS: _Z}._._____. _ 76 ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Council Minutes reflect my name and address as ritten above. Please have the Signature NOTE: All persons may attend meetings and address to address the Council are recognized and to ensure the City Council. form is intended to assist the Mayor in ensuring that all persons wishing names in the Minutes. g is correct spellin of VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk ADDRESS: ORGANIZATION: 1 SUBJECT: I expect to address the Coincil ohesuagenda item. Please have the Council Minutes reflect my name a a dre s wr-itt-e-)i above. 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 ITSM no.�� n DATE: J �U TO: City Clerk�TA , FROM: O ADDRESS: ORGANIZATION: SUBJECT: 6L)-007- Ot Z I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name an* addresses as written above. 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: Cc (/ b'c( ✓ a ADDRESS: ORGANIZATION: SUBJECT:v���� I expect to address the Council on the subject agenda item. Council Minutes reflect my name and address as w4tten Please have the c'n Sighat re NOTE: All persons may attend meetings and address the City Council. form is intended to assist the Mayor in ensuring that all persons wk3lif to address the Council are recognized and to ensure correct spelling of names in the Minutes. b: p 1s • ,t•lt y 1 {S r. 3� /it 7. 9! p i 1 ~ ` �s c� U 4 vdf4 s i 77 b S.�loir f,e+o� N.%Cet. Scc.l),7I�� wti1 9927'NX 4 b C.17�� n TR. NO. 2166 R.9 W m M.B. 22— 4 h, wc.�/+ Src.17 V-5483 Per. �a I� 9 20 2Z 23 24 0,V ,5 T a TRACT N0. 27394 M. B. 703-3-6 �y• 49 44 gyp• EXHIBI,T.B PL Atli " LEGEND •" • pomp UB C *' -_ � ''� PROPOSED VACATION 4 oc4rl ` xr*d 11/C'/A//7"Y1V,4P e o sc� • _ DEPARTMENT OF P BLIC WORKS >w1�PPM a PROPERTY MANAGEMENT DIVISIC S.t�`/ fL1 // - h 60' It -9T DraalrttrA��tb� der No. 19406941 ISSUED BY SOUTHERN CALIFORNIA TITLE COMPANY SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this Report ist A FEE. Title to said estate or interest at the date hereof is vested in: CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION. The land referred to in this Report is situated in the State of California, County of Loa Angeles, and is described as follows; That portion of Brea Canyon Road, (formerly Anaheim - Spadra Road), in the City of Diamond Bar,, County of Los Angeles, State of California, as shown on map of'Tract No. 27394, filed in Book 703, Page(s) 3 to 7 inclusive of Maps, in the office of the Registrar -Recorder of Said County, within the following described boundaries: eginning at the Northerly terminus of that certain 1550 foot radius curve in ie Easterly boundary of Lot 24, said Tract; thence Northerly along the rtherly continuation of said curve to the beginning of a reverse curve oncave to the Southwest and having a radius of 27 feet, said reverse curve aeing tangent at the Westerly terminus thereof to the Easterly prolongation of `he Northerly line of Lot 1, said Tract; thence Northwesterly along said everse curve to said Easterly prolongation; thence Westerly along said _,asterly prolongation to the Westerly boundary of said Brea Canyon Road; hence Southerly and Southeasterly along the westerly and Southwesterly ooundaries of said Brea Canyon Road to the point of beginning. At the date hereof exceptions to coverage in addition to the printed~ Exceptions and Exclusions in said policy form would be as follows. p l i y ts ry 2 � y 17.9 I Y C OMIN 6 0. CA ' ul m 'v Yams _ 1141 77 ' .s3 r p E /79 t` b N ) h POR. N.W. 1/4 SEC. 17 T.2S., R.9W cs �� to 2�P• 83 >ti ►�`` 20� f `0 21 2z t. r A'10,e 7-11A C?JV 6 T TRACT NO. 27394 M.B. 703-3-6 EXHIBIT I.flo/r fpoU yd tot. ltc.1I,YIsp W.A ��� .-- pt 27 ' 4 T R. NO. 2.166 M.B. 22 4 a t Por. rp �ti w 24 "1 �►�`r LEGEND poaN^• o 11B C PROPOSED VACATION C �/ tic%vfrr/u,�P p �C�9 • _ DEPARTMENT OF P 8LIC WOWS M PPING 8: PROPERTY RAtd GEMENT QIVIS101 S.b`1 f1.17.1� h60- T8. -2T n..,.t.. •• n..t_ rii 1 J�H• H • �H/ t,T �1 V lr I JHI_J � %Q�dQ ��� 1 . der No. 1940694/ ISSUED BY SOUTHERN CALIFORNIA TITLE COMPANY SCHEDULE A The estate or interest in the land hereinafter described or referred to .:overed by this Report is: a, FEE. Title to said estate or interest at the date hereof is vested in: CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION. The land referred to in this Report is situated in the State of California, County of Los Angeles, and is described as follows; That portion of Brea Canyon Road, (formerly Anaheim - spadra Road), in the City of Diamond Bar., County of Los Angeles, State of California, as shown on map of' Tract No. 27394, filed in Book 703, Page(s) 3 to 7 inclusive of Maps, in the office of the Registrar -Recorder of Said County, within the following described boundaries: Beginning at the Northerly terminus of that certain 1550 foot radius curve in the Easterly boundary of Lot 24, said 'Bract; thence Northerly along the Northerly continuation of said curve to the beginning of a reverse curve concave to the Southwest and having a radius of 27 feet, said reverse curve being tangent at the Westerly terminus thereof to the Easterly prolongation of the Northerly line of Lot 1, said Tract; thence Northwesterly along said reverse curve to said Easterly prolongation; thence Westerly along said Easterly prolongation to the Westerly boundary of said Brea Canyon Road; thence Southerly and Southeasterly along the Westerly and Southwesterly boundaries of said Brea Canyon Road to the point of beginning. At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: V CA w °4 m 44 .� -- 23 �. YCo.AfING 7,C CT'v b POR. N.W. 1/4 ~ SEC. 17 T2S,, R.9W LS �� A! E. Sfc •17 n 75?• 83 20 :0 21 v 22 «*. v b ~ ON -57- TRACT 5TTRACT N0. 27394 M.B. 703-3-6 % cot. ltc./1,1IS� FTR, r r27'nn NO. 2166 M.D. 22- 4 o m � 7 l 100 Por. t 03 23 7- 24 24 1!S >> EX H I B I T /B**' ,✓ IV,* LEGEND- P pIwA" noN ' UB 'C � PROPOSED VACATION C 71 �LLSLLd n o �c� _ DEPARTMENT OF P BUC WORKS MkpplMG a PROPERTY MAfAd- EMENT DIVISION der No. 19406941 ISSUED BY SOUTHERN CALIFORNIA TITLE COMPANY SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE. Title to said estate or interest at the date hereof is vested in: CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION. The land referred to in this Report is situated in the State of California, County of Los Angeles, and is described as follows; That portion of Brea Canyon Road, (formerly Anaheim - Spadra Road), in the City of Diamond Bar., County of Los Angeles, State of California, as shown on map of' Tract No. 27394, filed in Book 703, Page(s) 3 to 7 inclusive of Maps, in the office of the Registrar -Recorder of Said County, within the following described boundaries: Beginning at the Northerly terminus of that certain 1550 foot radius curve in the Easterly boundary of Lot 24, said Tract; thence Northerly along the Northerly continuation of said curve to the beginning of a reverse curve concave to the Southwest and having a radius of 27 feet, said reverse curve being tangent at the Westerly terminus thereof to the Easterly prolongation of the Northerly line of Lot 1, said Tract; thence Northwesterly along said reverse curve to said Easterly prolongation; thence Westerly along said Easterly prolongation to the Westerly boundary of said Brea Canyon Road; thence Southerly and Southeasterly along the Westerly and Southwesterly boundaries of said Brea Canyon Road to the point of beginning. At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: f.11' ti V 0 J w °� M y to 7. _ r� 3 19 ! /Tf 77 .13 L d GYCa."IN S.tloir 1#0� N y4 cot. ` ` s��•n,rra, W'\ b H Z f h POR. NA 1/4 SEG. 17 T.2S,j R.9W o is c� 20 7J s« •�7 r, ?gyp. 83 ti %n . TRACT N0. 27394 M.B. 703-3-6 EXHIBIT B� 4 TR. NO. 2166 M. 8. 22— 4 Per. ti Ira 24 r' �%>� sti p LEGEND UB C x PROPOSED VACATION Arft l�ic�iyr7"Y�1�' o sc, & le DEPARTMENT OF P BL1C WORKS MAPPING (X PROPrRTY MANAGEMENT DIVISION S.n►/ i2--"//7 IA!1760, Y�9T praeln(;A.�sotbb der No. 1940694) ISSUED BY SOUTHERN CALIFORNIA TITLE COMPANY SCHEDULE A rhe estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE. Title to said estate or interest at the date hereof is vested in: CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION. The land referred to in this Report is situated in the State of California, County of Los Angeles, and is described as follows; That portion of Brea Canyon Road, (formerly Anaheim - Spadra Road), in the City of Diamond Bar., County of Los Angeles, State of California, as shown on map of' Tract No. 27394, filed in Book 703, Page(s) 3 to 7 inclusive of Maps, in the office of the Registrar -Recorder of Said County, within the following described boundaries: Beginning at the Northerly terminus of that certain 1550 foot radius curve in the Easterly boundary of Lot 24, said Tract; thence Northerly along the Northerly continuation of said curve to the beginning of a reverse curve concave to the Southwest and having a radius of 27 feet, said reverse curve being tangent at the Westerly terminus thereof to the Easterly prolongation of the Northerly line of Lot 1, said Tract; thence Northwesterly along said reverse curve to said Easterly prolongation; thence Westerly along said Easterly prolongation to the Westerly boundary of said Brea Canyon Road; thence Southerly and Southeasterly along the Westerly and Southwesterly boundaries of said Brea Canyon Road to the point of beginning. At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: CITY OF DIAMOND BAR I N T E R O F F I C E M E M O R A N D U M DATE: July 30, 1993 TO: Mayor and Cit��Councilmembers Y g Y FROM: Lynda Bur es'�, Cit Clerk SUBJECT: Draft Minutes of July 13, 1993 Attached is a copy of the draft minutes for the Adjourned Regular Meeting of July 13, 1993 for your review. Once you have looked them over, if you have corrections, or suggestions, please contact either me or Tommye. Thank you for your courtesy. DRAFT CITY OF DIAMOND BAR MINUTES OF THE GENERAL PLAN PUBLIC HEARING JULY 13, 1993 1. CALL TO ORDER: M/Miller called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Miller. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen Forbing, Werner, and MacBride. Also present were Terrence L. Belanger, City Manager; James DeStefano, Community Development Director; and Lynda Burgess, City Clerk. 2. PUBLIC HEARING: CM/Belanger reported that the planning consulting team, consisting of CDD/DeStefano, Dale Beland, of the firm Cotton, Beland Associates, and Michael Jenkins, special legal counsel from the law firm of Richards, Watson, and Gershaugn, will provide a staff presentation, generally reviewing the changes to the base 1992 General Plan document, as well as discussing some major significant issues within the General Plan. It is recommended that the City Council provide comment to the General Plan document, receive testimony from the public, and continue the public hearing to the meeting of July 20, 1993. CDD/DeStefano reported that this is the eighth public hearing held to give an opportunity for the public to provide testimony and to receive a presentation on the General Plan. As a result of a variety of comments received, and direction provided by the City Council, staff has prepared a final draft 1993 General Plan, dated July 13, 1993, outlining all of the changes and comments put into the document to date. There are a variety of significant differences between this General Plan and the prior document utilized by the City, as well as a variety of typographical corrections, and a host of changes made for internal consistency. Dale Beland summarized the following significant areas of change contained in the General Plan for consideration: a change from a potential additional buildout of 6,235 dwelling units indicated in the 1992 General Plan to a maximum theoretical additional buildout of 1,900 dwelling units, in which probably only half would ever occur given the City's development standards; the reinforcement of the approach, in the Plan, from a policy perspective, on environmental concerns, recognizing SEA #15, defining the significance of various resources and indigenous species of trees, and recognizing the endangered species, calling for a careful review of these kinds of environmental resource concerns before any approvals are permitted; the reinforcement of the understanding that the City is an unwilling recipient of regional traffic impacts of which it has limited unilateral control; it calls for a very strong statement of proactive involvement to address regional transportation at the regional level; adds language that inventories the very aggressive statements and actions taken to date by this Council with respect to items already in the State and regional transportation implementation programs; a line on the map is not being proposed at this time because first the City needs to work with those that have the authority to implement transportation projects at the regional and State level, then the City needs to consider and include in this document, as a policy, recognition of the need for a regional transportation corridor that would put regional traffic off local City streets; the vision statement has been rewritten to focus on major components of the Diamond Bar revision, identifying the retention of the rural country living community character, the preservation of open space resources, the recognition of the status of the sphere of influence and SEA #15 considered to be a major open space asset to the community that the City will play a proactive role in it's preservation by assuring that extensive analysis and review proceed any changes from it's current uses and activities, a statement relating to the regional traffic impact problem and the regional proactive efforts to deal with it, the promotion of viable commercial activity, the provision of well maintained attractive housing, and the creation of a community environment which nurtures social, cultural, religious, educational, and recreational opportunity for it's citizens. The changes to the Introduction are as follows: a statement regarding "implied prioritization", which has also been included elsewhere in the document; a broader and more detailed description of the process by which the Plan was considered in 1992 and the actions that occurred to date; the extensive number of workshops and public hearings to date; references SEA #15 and its significance; a statement on how the General Plan responds to the concern that tax payers finance virtually all governmental activities and programs; and it has been recommended that the MEA be excluded from the Plan and maintained as an administrative data base. The changes to the Land Use Element include the following: the addition of a section called Potential Regional Impacts, listing areas outside the City's boundaries insofar that they effect the planning of the community; deal with the issue of the deed restriction status and the open space definition and preservation; includes recreational properties in the broad context of open space and sets up, as plan policy, the need for the plan to categorize these in a distinct and clearly understood designations, and to include strategies for land use development that will preserve significant environmentally sensitive areas; confirm as an issue the need to define and promote an image that reflects the City's many attributes and its vision; adds language introducing the concept of proactive and aggressive involvement in lobbying and working with adjacent and regional agencies visa circulation; modified Goal 1 to provide a stronger statement about the balance of development and preservation of significant open space areas to assure both economic viability and retention of distinctive natural features; modifies the designation for median density residential to RM12 (maximum 12DU/AC) for existing planned townhome, condominium, apartment, mobile home, etc., and RM16 (maximum 16DU/AC) to designate existing and planned townhome, condominium, apartment, etc.; modify designation of Tres Hermanos Ranch property to Agricultural/ Specific Plan; the designation for the sphere of influence is Agricultural; addition of a strategy to undertake an economic resource strategic program to target revitalization of existing commercial; additional strategies to emphasize the City's intent to pursue development of major joint use recreation and meeting facilities as part of educational facility development to work with Tres Hermanos Ranch owners to incorporate, where appropriate, educational, cultural, recreation and public service, and to work with neighboring jurisdictions in coordination of educational, cultural, and recreational plans; require the submission of a title report, or other acceptable documentation of deed and map restriction on all applications for subdivision and development approval; a strategy defining open space, which now includes recreational facilities, both active and passive; requires a public hearing prior to any City action which would change existing deed restrictions on such open space lands; a strategy to develop an open space program to identify, acquire, and preserve land consistent with needs, objectives, and financial capability; recognizes the significance of SEA #15 resources and to support further definition of the extent and the intensity of such resources to provide needed additional information; add reference to the Circulation Element in Goal 2 regarding an environmentally sensitive corridor; a strategy to monitor the progress of regional developments, encourage coordination with cities to lobby the State and Federal government on regional issues which effect the City, and evaluate the potential impacts upon the City of Diamond Bar of major proposed regional development; and the appropriate revisions to the Land Use Map. The changes to the Housing Element are as follows: change Table 2-1 for accuracy; modify section F in an effort to support the conclusion stated, and amend "The Diamond Bar Village" to correctly refer to "The Heritage Park Apartments"; add the new buildout potential of 1900 units; modify the density classification for low medium density residential; modify the ranges of medium density from 5 to 12; include the new description of high density; clarify the Tres Hermanos Ranch property to Agricultural/Specific Plan; and eliminate Table H-5. The changes to the Resource Management Element are as follows: add new language to develop a Tree Preservation Ordinance to preserve, where practical, indigenous trees; a strategy to provide access and migration corridors; definition of mature Oak, Walnut, and Pepper trees; add a strategy to discuss with neighboring jurisdictions and other agencies the location of a recreational water facility; and add language to work with property owner and other jurisdictions and agencies to plan and locate reclaimed water facilities within the Tres Hermanos area. The following are changes made to the Public Health and Safety Element: references to Colima Road are changed to Golden Springs Drive; Figure IV -1 provides projected noise contours which ties back to document, the MEA, and the EIR. The following are changes made to the Circulation Element: provide sufficient policy and issue description to be responsive to State law; provide a foundation for the City to make decisions in the future, without adding details that don't belong in a General Plan that might create problems of modification or amendment in the future, and in someway limit the City's flexibility; the roadway system diagram are potential corridors, in which one set addresses future access needs for the school site in the Tres Hermanos Ranch property, and for regional, peripheral or bypass corridor providing access between Chino Hills and the SR 57 freeway; show the corporate boundary of the City and the sphere of influence; reference to strategies 1.3.6 of the Land Use Element and 1.1.4 of the Circulation Element because they describe some future consideration of a transportation corridor in the southeasterly portion of the SOI, outside of SEA #15; a reference to see strategies 1.3.4 and 2.2.2 of the Circulation Element to tie a graphic representation back to the text of the strategy definitions; the remainder of the graphic shows the major elements of the system that is also defined in Table V-1; a fairly detailed description of the term of an environmentally sensitive transportation corridor; repeat the level of development that would be permissible under the proposed Plan, which is approximately a maximum of 1900 units, hypothetically; a more explicit statement for the need to consider an environmentally sensitive transportation corridor through the easterly portion of the sphere of influence; language relating to cul-de-sacing of Sunset Crossing Road; modification of the language pertaining to Tonner Canyon; add a language stating the City's intent to continue to seek support for regional State transportation improvement program projects; encourage Orange and San Bernardino counties to fund and construct an environmentally sensitive transportation corridor roadway through Soquel Canyon and/or Carbon Canyon; pursue development of additional lanes on route 60 easterly of the City; expansion of the term traffic control devices; add strategy to pursue other traffic measures to enhance circulation and transient traffic movements; add strategy minimizing impacts of roadways serving Diamond Ranch High School site on surrounding residential neighborhoods; add strategy to synchronize signals on Grand Ave. through the City in adjacent communities; and Table V-1 has been updated to address the proper name of Colima Road, and to classify Sunset Crossing Road east of route 57 as residential collector and west of route 57 as collector cul- de-sac. The changes made to the Public Services and Facilities Element are either word changes describing element instead of plan for community development, etc., or to items under Goal 1 pertaining to working with the City of Industry to facilitate redevelopment of the reclaimed water reservoir, and similar proposals. Dale Beland stated that he did not review typographical changes, nor wording changes that do not effect policy or direction. Staff will make the appropriate administrative changes as they occur, with the consent of the Council. RECESS: M/Miller recessed the meeting at 8:00 p.m. RECONVENED: M/Miller reconvened the meeting at 8:05 p.m. MPT/Papen inquired how the calculations in Table II -1, page II -4, were determined, and what projects were included. Dale Beland stated that condominiums would be considered single family attached and apartment buildings would be considered multiple family units. Dale Beland, in response to C/Werner, stated that strategy 2.2.2 on page V-13 includes language to ensure that new development within the Tres Hermanos Ranch property is integrated into the community of Diamond Bar through the roadway system. This strategy language and the designations on the Circulation Element map on page V-17 are consistent with that level of specificity. M/Miller declared the Public Hearing opened. Tom Van Winkle requested that the term "where practical" be deleted from strategy 1.1.10, page III -10. Don Schad requested the following: delete the term "where practical" from strategy 1.1.10, page III -10; add a specific time frame for completion to strategy 1.1.10; add the term "west of the 57 freeway" to strategy 1.1.10; add the California Sycamore and the Valley Willow to strategy 1.2.2 page III -11; and add the preservation of all of our natural creeks and springs to strategy 1.2.5 page III -2. Max Maxwell stated that he felt that the subcommittee meeting to discuss the Tonner Canyon issue was productive. Though C/Werner did an admirable job at chairing the meeting, all Councilmembers should be present to discuss the issues. He requested that the Council and City give him more adequate prior notice of any meetings to be held, specifically regarding the 33 page letter submitted by the Citizens of Diamond Bar. Nick Anis questioned the authority of the Citizens of Diamond Bar group to claim representation of the residents and to make such demands on the City, such as calling for a five year moratorium on any building. Such a request would prevent the construction of a Diamond Bar High School, Pantera Park, etc. Perhaps he too can meet personally with all Councilmembers to discuss his ideas. Gary Neely, residing at 344 Canoe Cove, made the following comments: why was the MEA taken out; existing land use is still not accurately depicted in Figure I-1 on page I-6; there should be discussion of map restricted property being designated on the Land Use Map as open space; there should be a statement that "It is the City's policy not to renegotiate these prior map and/or deed restrictions unless, after a separate public hearing, it is deemed that doing so would benefit the community."; and the Circulation Element needs to be rewritten. He then stated that the subcommittee meetings with C/Werner are quite productive. Barbara Beach Courschene made the following comments: terms such as "feasible" and "practical" be deleted from the document, such as on page I-7; the term "map restricted" should be added to strategy 1.5.3 on page I-16; and Pathfinder should not be classified as minor and secondary as indicated on page V-16. Martha Bruske, residing at 600 S. Great Bend Drive, stated that strategy 1.6.6 on page I-17 should indicate that the excess land from clustered development should not be given to a Homeowners Association nor should it be sold and consequently developed. She also stated that the General Plan, which indicates a tolerance for transient parking in our shopping center lots and in Caltrans parking lots, should be guarded against any language that simply allows the people from other facilities to more easily drive through the City. Todd Chavers, residing at 600 Box Cove, stated that there are no standards in the General Plan for what level service "C" or "D" means as indicated in the Circulation Element. Max Maxwell stated that the lines on the map should be revised to more specifically define SEA #15 as it exists today. Don Schad stated that two volumes of the General Plan document is not adequate to allow 50,000 plus residents an opportunity to review it. He requested a 90 day period of review if it is to remain with the same availability. Ken Anderson, clarifying the Land Use Map, stated that the building on the right on the corner Fountain Springs and Diamond Bar Blvd. is professional office and the one on the left is public facility. Wilbur Smith, residing at 21630 Fair Wind Lane, stated that he feels the 1993 General Plan is sensitive to the public input and that the language is consistent with, and responds to most of the issues raised to maintain the quality of life in Diamond Bar. C/Werner stated that the subcommittee, consisting of 8 residents and staff, met again today to discuss the regional by-pass/Tonner Canyon issue, and to resolve some of the differing viewpoints regarding that issue. Following todays meeting, there is agreement from the subcommittee that the Circulation Element needs to make the best use of all of the existing land use and circulation data available, and to relate to land use policies and plans, not only of Diamond Bar, but of neighboring communities because this circulation issue is viewed not only as a local issue but a regional issue. It was also agreed that all of the existing future traffic data needs to be considered, such as the Parsons, Brinkerhoff Report, SCAG Reports, and the DKS Study paid for by the City in conjunction with the City of Brea. It was further suggested that all improvements and proposals for regional circulation system planned for future improvements be included since a lot of the regional components to the circulation system work together. The subcommittee agreed that there are alternative routes that are potentially possible in order to develop a regional by-pass that should be identified as part of the General Plan, recognizing that one particular route is not considered to be the solution, and that all the necessary information is not available today, nor are all the jurisdictions part of the decision making process available to discuss the proper location of a regional by-pass road. The alternative routes identified as being potentially possible are as follows: a south of the canyon route staying out of SEA #15; a route following existing development in Diamond Bar which would be north of the canyon; and no road. Before considering construction of a by-pass road, the City should assure that all other improvements, such as the widening of SR 60 located east of Diamond Bar, improvements of the 60/57 interchange, other similar freeway regional improvements, and all local road improvements including traffic signalization and signs, are considered and that there is a defined benefit, regionally and locally. The preferred approach is to establish criteria and policy guidelines that can be followed for the roadway, if it is to be developed. There was concurrence that the roadway should be environmentally balanced and sensitive from an ecological standpoint, however, the subcommittee did not yet come to an agreement as to the degree of specificity in defining environmental sensitivity. The subcommittee is planning to meet July 19th to discuss this issue. The subcommittee did concur that there should be a proactive effort on the part of the City to work with the other jurisdiction that would take part in the decision making and the financing of such a roadway, if it were ever to be developed. C/Werner then stated that, using the parameters discussed, staff is in the position, with Council's approval, to make the appropriate modifications to the portions of the Circulation Element, which would be available for review at the next Council meeting. The subcommittee members also suggested that the existing data available to the City be integrated into the Circulation Element, to better define the City's present circulation situation, thereby developing a better Circulation Element. C/MacBride, in response to a comment made by Mr. Schad, requested staff to assure that there is sufficient copies of the General Plan made available for public review. He then pointed out to the public that the vision statement on pages 1 & 2 give an immediate feeling of the thrust of the entire General Plan, and that page 17, Economics, includes a statement indicating that the City faces all economic issues with an eye towards the fiscal responsibility the community demands. Furthermore, the addition of the statement "potential regional impacts", on page I-3, is helpful to those who want assurance that the City is aware of what is happening around us. MPT/Papen expressed her concern that these "potential regional impacts", on page I-3, have been specifically identified. The description should be abbreviated to state that "Areas of potential impacts upon the City of Diamond Bar could include such things as material recovery plants, water projects, educational facilities, regional roadways, other alternative methods of transportation" because, at this point in the document, only generalities are being discussed, not specifics. MPT/Papen, in response to a comment made by Mr. Maxwell, stated that she feels it is more appropriate to show the original boundaries on the SEA map, not just the existing boundaries. MPT/Papen, in response to a comment made by Mr. Schad, suggested that strategy 1.1.10 on page III-10 be amended to read "Develop a Tree Preservation Ordinance." because whether it is "practical" or "indigenous trees" would be determined when the Tree Ordinance is adopted. C/Werner pointed out that the purpose of identifying policy in the General Plan is to identify what we want to accomplish. MPT/Papen stated that it is inappropriate to name the Valley Willow, as suggested by Mr. Schad, specifically in the General Plan as an indigenous trees when there has not been any public hearings on that specific issue. If the term "indigenous" is to remain, then the term "as practical" should also remain. Dale Beland, in response to C/Werner, stated that every Tree Preservation Ordinance he as written or read has some opportunity for a waiver or variance for a situation where preserving a tree is not practical. Whether the strategy remains as written, or has a period following "Ordinance" is acceptable since there cannot be an ordinance that does not have that element of practicality in it. The Council concurred to leave the strategy as written. MPT/Papen stated that it is not appropriate to name specific trees as indicated in strategy 1.2.2, page III -11, since the City only has regulations on oak trees, and not on Walnut and Pepper trees. M/Miller suggested the following language: "Preserving of existing mature Oak, Walnut, and Pepper trees within existing natural and naturalized areas should be considered in a Tree Preservation Ordinance." MPT/Papen expressed her concern that indicating that number of trees restricted on development may create a problem for vacant property owners. She suggested that the first sentence in strategy 1.2.2 be deleted and added to strategy 1.1.10. The Council concurred. MPT/Papen, referring to the Table on page II -4, stated that if the description "condos and apartments" are to be used than that description should be used in the footnote as well. M/Miller, in response to C/Werner, stated that the Council will decide on the circulation issue once Council has had an opportunity to review the report on the subcommittee meeting. Dale Beland, upon the request of M/Miller, explained that the reason for the recommendation to modify the description of the components of the General Plan to eliminate the MEA is because including it limits the City's ability to make necessary updates of fact without going through the arduous process of General Plan amendment hearings. If it is maintained as an administrative record, the data remains publicly available, and it is still usable and supportive of additional environmental documentation. ANNOUNCEMENTS: C/Forbing stated that the City is expanding the computer system. Any resident that has any bulletin type of information that is of general interest to the community should contact Troy Butzlaff at City Hall. M/Miller directed staff to take the comments and make necessary administrative changes to the document. ADJOURNMENT: M/Miller adjourned the meeting at 9:15 p.m. to be continued to July 20, 1993 at 7:00 p.m. Attest: Lynda Burgess, City Clerk Mayor I N T E R O F F I C E M E M O R A N D U M TO: Mayor Pro Tem Papen and Councilmember Forbing FROM: Linda O. Magnuson Abcounting Manager SUBJECT: Voucher Registers, August 3, 1993 DATE: July 29, 1993 Attached are the Voucher Registers dated August 3, 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 in the amount of $520,263.86 and one for FY93- 94 in the amount of $228,939.33 for a total of $749,203.19. 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 August 3, 1993 have been audited approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO, FUND DESCRIPTION AMOUNT 001 General Fund 112 Prop A Fund 118 Air Quality Mgt. Fund 125 CDBG Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: Linda G. Magnu o Accounting Manag r Terrence g� lange City Mana $560,172.13 750.00 2,946.65 4,774.00 19,606..64 15,592.53 8,669.74 136,691.50 $749,203.19 ?- Phyllis E. Papen Mayor,Pro Tem John A. Forbing Councilmember ttt City ai D i a a a n d "Bar ttt RUN TIME: 29:84 81/29/93 V 0 U C H E R R E 6 I S T E R DUE THRJ.............01#3/93 VENDOR NAME VENDOR 1D. ACCOUNT PROJ.TI-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION Chavers, J. Todd ChaVersJT PA8F 1 t t PRtPAiD t t AM3tlNT DATE CHECK -------------------------- 121-4553-41## 43 34803B #7128 #6138 TIT Mtg 6/10/93 40.00 TOTAL DUE VENDOR --------> 48.83 Cheng, Diana ChenaD 01-4553-410 44 388830 0/28 06/38 TIT Mtg 6/18/93 48.09 TOTAL DUE VENDOR --------) 48.0 Casmunity Industries ComaIndust 001-4555-5503 17 30803A 07126 86/34 June Litter Abateaent SVC 839.44 TOTAL DUE VENDOR --------> 839.44 Dwight French I Assoc. DwightFren 821-4551-5221 05893 59 30883 #1/1525 07128 06/38 1811100 EngrSvcs-S2verSys 61,575.98 TOTAL DUE VENDOR -------> 61.575.0 Hcme Depot HcmeDeoot 091-4359-5395 38 30603A 97128 96138 Supplies -Stage ConcTnPrk 223.42 TOTAL DUE VENDOR --------> 223.42 ICMA ICMA1 801-4038-2115 6 38803A 07/26 96130 Ad for AsstCagr-6/5/93 184.24 I.OTAL DUE VENDOR --------> 184.24 Image IV Systess Inc. Ieage4Sys 081-4990-2100 35 30843A 91/1559 07128 96/36 119999 Copier Maint-June 279.79 TOTAL DUE VENDOR --------> 279.1) !_.A. County Sheriff's DLACSheriff 091-4411-5401 3F. 07/28 06/38 13192 June Contract Svcs 280,424.18 TOTAL DUE VENDOR --------> 280,424.16 L.A. County -Sheriff's Dep LACSheriff jai -4411-5401 32 3!8938 97/28 06/39 13995 Way -Helicopter Svcs 41.19 091-4411-5491 33 398038 87128 66/30 13198 May -Helicopter Svcs 20.61 TOTAL DUE VENDOR --------> 61.79 + +� City of Diaaond 31r * * * RUN TIME: 89:0401/29i93 VDUCHER RE6ISTER DUE THRU.............88/83/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRyiDUE INVOICE DESCRIPTICN --------------------------- ----------------------------------------------------------------------- r-M-y3 PAGE 2 * * PREPAID * * AMOUNT DATE CHECK --------------------------- L.A.County Public Works LACPubWk 001-4555-5586 74 38803A 07128 06/30 9300001266 Striping/Signing-April 323.15 801-4555-5506 15 30883A 01128 06/38 93000012669 Birdseye Equip Chrges-Apr 349.63 001-4555-5502 21 30803A 07128 06/38 93008012676 Road Maint-April 19.326.64 001-4555-5505 12 36603A 87128 06/32 93088812679 Curb/6utter Repair -April 1,830.75 081-4555-5506 76 30803A 07128 06/30 93808012670 Sign Installation -April 26,84 t01-4555-5526 77 30603A 87126 06/36 93008812671 Sign Installation -April 108.35 tel -4555-550)6 76 33843A 81/26 06/38 93088812672 Striping/Signing-April 10.73 001-4555-5546 79 30803A 07126 06/30 93000012673 Striping/Signing-April 994.96 001-4555-5586 80 30803A 01128 06130 93800012674 Striping/Signing-April 10.69 001-4555-5506 81 38803A 07/28 86/32 9008812675 Striping/Signing-April 29.42 081-4555-5586 82 30803A 07/28 06/38 93080012676 Striping/Signing-April 28.62 881-4555-55x6 83 30883A 011,26 86/38 93808012677 Striping/Signing-April 3,068.18 281-4331-5380 39 388034 07128 06/36 93880012685 Maint-SycatoreCynPrk-Apr 192.53 081-4555-5221 9 30803A 07126 06/30 93000012683 Inspections -April S63.90 001-4555-5584 12 38863A 07128 06138 93808012688 Sidewalk Inspection -April 1,961.11 081-4555-5588 27 29803A 07/29 86/30 93608612661 Debris Reooval-April 1,446.88 001-4555-5588 28 30833A 07/28 06/38 93000012682 Vegetation Control -April 5,661.19 001-4555-5530 13 30603A 07/26 86738 93808012684 Indust Waste Svcs -April 421.65 TOTAL DUE VENDOR --------> 36,318.64 L.A.County Public Works LACPubWk 061-4555-5544 11 34803A 07/28 06/30 93080088284 Sidewalk Repair -Dec 1,686.85 001-4555-5505 11 39803A 07/28 06/30 93080808283 Curb/Butter Repair -Dec 699.56 TOTAL DUE VENDOR --------) 1,780.41 L.A.County P)blic Works LACPubWk 001-45SS-5506 73 389034 07/28 06/38 93000012579 Signigg/Markg-12192-4/93 469.28 TOTAL DUE VENDOR --------) 489.28 L.A.County Public Works LACPubWk 031-4555-5581 38 30663A 07/28 06/38 93880813591 Misc Repairs -Chino Hills 186.61 TOTAL DUE VENDOR --------) 106.61 L.A.County Public Works LACPubVk 001-4555-5586 64 30038 87/28 86/38 93888813664 Signing/Marking-May 2,021.59 081-4555-5506 85 308138 07/78 06/30 93888813685 Signing/Marking-May 378.12 841-4555-5506 86 388838 87/28 86/38 93088813687 Signing/Marking-May 315.18 881-4555-5506 87 30803B 07/28 86/38 93800813689 Signing/Marking-May 81.15 801-4555-5586 92 386038 07/26 06/38 93088813688 Striping/Marking-May 72.18 001-4555-5502 22 36983B 07/28 06/38 93000013696 Road Maint-May 14,181.28 881-4555-5583 18 388038 07/26 06/30 93806813699 Parkway Maint-May 546.18 061-4555-5504 13 30883E 01/26 06/30 93080013698 Sidewalk Inspection -May 7,692.96 801-4555-5585 13 308838 81/28 06130 93888813697 Curb/flutter Repair -May 5,449.11 081-4555-5506 88 388838 81/28 06/38 93808013690 Signing/Marking-May 174.73 801-4555-5506 89 308838 87/28 06/38 93880013692 Signing/Marking-May 1,066.33 081-4555-5586 50 30883B 67129 26/30 93088813694 Signing/Marking-May 647.42 ++ ty of D i a m o n 1 9 a r *++ RUN TIME: 09:04 87/29/93 V 0 U C H E R R E 6 1 S T E R DUE THRJ.............06/03/93 VENDOR NAME VENDOR ID. ACCOUNT PRDJ.TX-NO BATCH PO.LINE/N0, ENTRY/DUE INVOICE DESCRIPTION I -I 1a -93 PAGE 3 + + PREPAID + + AMOUNT DATE CHECK -------------------------------------- L.A.Caunty Public Yorks LACPubWk _- 93123504 (CONTINUED) 10,737.08 ��359.02 281-4555-55.06 93 34883B 07i28 06/30 93008013691 Striping/Marking-May 73.91 081-4555-5506 94 388838 07/28 06/30 93800013693 Striping/Marking-May 28.93 001-4555-5506 97 30803B 87/28 06/38 93080013695 Signing/Striping-May 242.28 081-4331-5380 40 308038 07/28 06/30 93000013786 Maint-Sycaeare%yn Prk-May 339.52 001-4555-5221 18 30803B 81128 06/30 93008013704 InSDRCtions-6eneral-May 4,492.26 081 -45S5 -5S48 29 308838 07/26 06/38 93808813703 Vegetation Control -May 13,781.08 e01-4555-5518 9 388b3B 01/28 06/38 93000813102 Tr?e Watering -May 884.51 021 4555-5512 8 388838 07/24 06/38 93888813701 Catch Basin Maint-May 184.70 801-4555-5516 13 39803B 07/28 06/38 93888013780 Store Damage Repairs -May 763.63 001-4555-5S38 14 388038 07/28 06/38 93008813705 Industrial Waste Svcs -May 1,440.13 801-4555-5506 91 308838 87/28 06/38 9380813686 Striping/Marking-May 63.86 TOTAL DUE VENDOR --------> 5+,915.92 Manari Signs 081-4555-5586 96 ManariSign 308838 81/1599 07/28 06/38 8815128 Signs -Deer Crossing _- 93123504 Prof Svcs -Sen Plan 10,737.08 ��359.02 121-4311-2126 28 TOTAL DUE VENDOR -------- 359.82 Mariposa Horticultural Mariposa Pitney Bores PitneyBore 081-4325-2218 4 308838 07/28 86/38 5836 Supplies-Starshine.Prk 164.76 86/38 021-4090-2138 TOTAL DUE VENDOR --------> 184.16 Moore Iacofano 6oltsman Mnorelacof 001-4210-4228 73 386038 87/28 86138 93123504 Prof Svcs -Sen Plan 10,737.08 121-4311-2126 28 38883C 81/28 TOTAL DUE VENDOR --------> 18,737.06 Pitney Bores PitneyBore 901-4316-2126 21 3t8#3C 1 86/38 021-4090-2138 49 308038 81/28 06/30 19 Reset Chrgs-11/92-3/93 122.68 86/38 Electric Svcs -Peterson 62.84 001-4326-2126 TOTAL DUE VENDOR --------> 122.60 RonKranzerlAssoc C.E. Inc. AKA Electric Svrs-Sumeitridne 201.06 t21-4331-2126 21 t81 -45S1-5223 01/28 07/26 86/30 1431 Plan Check Svcs 82.35 001-4551-5223 07/28 06/38 1431 Plan Check Svcs 515.25 181-4551-5223 07/26 86138 1431 Plan Check Svcs 23.48 081-4551-5223 87/26 06130 1432 Plan Check Svcs 2,764.04 TOTAL DUE VENDOR --------> 3,385.84 Southern Ca. Edison SoCaEdison 121-4311-2126 28 38883C 81/28 06/38 Electric Svcs -Paul 6rov 29.75 901-4316-2126 21 3t8#3C 87128 86/38 Electric Svcs -Maple Hill 333.55 t01-4319-2126 19 3#803C 01/26 86/38 Electric Svcs -Peterson 62.84 001-4326-2126 16 39813C 87128 86138 Electric Svrs-Sumeitridne 201.06 t21-4331-2126 21 30833C 01/28 66/38 Electric Svcs-Sycaere Cyn 322.#5 TOTAL DUE VENDOR ---'----> 949.25 *# RUN TIME: 99:04 87/29/93 V :7 O C H E R R E G I .5 T E R DLIF THRU.............68/®3/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TI-NO BATCH PO.LINE/NO. ENTRY/DUF INVOICE OESCRI9rION ------------------------------------------------------------------------------------------ PA6E 4 t PREPAID 4 + AMOUNT DATE CHECK ------------------------- Samthern Ca. Edison SoCaEdisan OOt-4553-2126 15 306030 67128 86/34 Traffic Control Svcs ;±:45'1.33 TOTAL DUE VENDOR --------> 3,4;5.33 SDuthern Ca. Edison SDCnEdison 138-4538-2126 43 388831, 61128 06/30 Electric Svcs -Dist 38 148.39 TOTAL DUE VENDOR --------1 148.39 Southern Ca. Edison SoC;Edison 139-4539-2126 32 3003C 87/28 66/38 Electric Svcs -Dist 39 216.98 TOTAL DUE VENDOR --------) 218.96 Southern Ca. Edison 5DC;Fdison 141-4541-2126 34 38853 87126 86/38 Electric Svcs -Dist 41 114.89 TOTAL DUE VENDOR --------> 114.89 Ury, Donald UryD 1,21-4553-4188 45 388838 87128 06/38 TET Mtg 6/16/93 48.88 TOTAL DUE VENDOR --------> 48.00 Walnut 'Vly Yater Dist YVYaterDis 021-4311-2126 21 30883C 07128 06138 Yater Usage -Paul Grow 762.25 001-4316-2126 22 30863C 07/28 86130 Vater Usage -Maple Hill 2,117.35 001-4319-2126 20 38863C 87128 06138 Hater Usage -Peterson 3,226.70 001-4322-2126 17 396030 87/28 06/38 Vater Usage -Ron Reagan 11886.45 801-4325-2126 9 308831, 07/28 06138 Vater Usage-Starshine Prk 1,189.70 091-4328-2126 17 39883C 0708 06/30 Vater Usage-Suaiitridge 4,114.34 001-4331-2126 22 38881C 47/28 46138 Yater Usage-Sycasore Cyn 1,343.95 10TAL DUE VENDOR --------> 14,56e.74 Walnut Vly Yater Dist MaterDis 138-4538-2126 44 207128 66/34 Yater Usage -Dist 38 19,458.25 TOTAL DUE VENDOR -------) 19,458.25 Walnut Vly Yater Dist WVYaterDis 139-4539-2126 33 308031, 07/28 06/30 Yater Usage -Dist 39 15,381.55 TOTAL DUE VENDOR --------) 155381.55 ttt City a D i a 0 o n d Bar ttt RUN TIME: 1914 87/29i93 V D U C N E P. R E S I S T E R DUE THRJ.............0643/93 VENDOR NAME VENDOR 1D. ACCOUNT PROJ.TX-NO BATCH PO.LINEINO. ENTRY/DUE INVOICE DESCRIPTION ------------------------- ----------------------------------------------------------------- ialnut Vly Water Dist WVWaterDis 141-4541-2126 35 38813C YWCA YWCA 125-4215-2355 16 32823C YWCA YWCA 125-4215-2355 17 30883C Zellerbach Zellerbach 001-4090-1218 45 30803L. 01/1616 PAGE 5 t t PREPAID t t AMJUNT DAZE CHECK -------------------------------- 11128 06138 Water Usage -Dist 41 8,555.65 TOTAL DUE VENDOR --------> 8,555.b5 07128 06/38 COBuReiab-Au4-June 3.689. 00 TOTAL DUE VENDOR --------> 3,889.00 01/26 86138 COB;Reieb-June Childcare 685.06 TOTAL DUE VENDOR --------> 865.00 07126 06/38 5171111 Copy Paper 576.54 TOTAL DUE VENDOR --------> 576.5k TOTAL PREPAID ----------> 6.01 TOTAL DUE ---------------> 5201263.86 TOTAL REPORT ------------> 528,263.86 t**C t of D1aaand Bar *** RJR TIME: 09:1407/29/93 V0UCHER RE6I3TER FUND SUMMARY REPORT DUE THRU.............08/03193 ryla-i3 PAGE 1 FUTURE 'RANEACTIONS REVENUE EXPENSE --------------------- DISBURSE 6/L 6],E WILL P85I 63E HAS POSTED FUND --------------------------------------------------------------------------------------------------------- T01AL DIRECT PAY RE'JENJE EXPENSE REVENUE EXPENSE 801 General Fund 471,620.95 471,622.95 138 LLAD 136 Fund 19,616.64 19;G66.64 139 LLAD :39 Fund 15,592.53 15,572.53 141 LLAD S41 Fund 8,669.74 8,669.74 125 COBS Fund 4,774.98 4,774.88 TOTAL ------------------------ ------------------------------------------------ A:L FUNDS 528,263.66 522,263.86 PAGE 1 FUTURE 'RANEACTIONS REVENUE EXPENSE --------------------- '++ C i t y C f D d f C n d B a r "+ �� RUN TIME:29:0907i29/93 VOUCHER REGISTER Enver Prep Svcs -7/12. 23 WE 1 TOTAL DUE VENDOR ------- X11 THRU.............08/03/93 Mtg 3/26-Papen 72.28 08/48/93 8060021298 VENDOR NAME VENDOR ID. 72.26 TOTAL DUE VENDOR --------) + t PREPAID t + ACCOUNT PROJ.T1-NO BATCH PO.LINE/N0. -----------------------------------------------------------------------------------------------------------------------------•------ ENTRY/DUE INVOTCE DESCRIPTION AMOUNT DATE CHECK Ahmad:ai, Ica 691 40.00 TOTAL,DUE VENDOR --------) 48.00 '001-3476 4 408037 07128 08/03 Recreation Refund 16.00 Allen, Yvonre +001-3476 Armentrout, Phil *601-4440-4040 Sank of America '001-4030-2330 Berg, Lisa 401-3478 773 22 428831 07128 06/03 Armentrout 1 408134 07!28 08/03 BankofAmer 1 488030 07128 08/03 766 18 408131 Blubaugh, Kathy 792 +001-3476 37 408231 Branch, Ethel, 763 +001-3478 1s 408831 07/26 08/03 01/28 68/03 07/28 08/13 Cable Connectors, The CablConect +118-4098-6231 2- A !111645 07/28 06/03 5592 California Roster CaRoster +101-4091-2320 1 40603A 07128 08/03 TOTAL DUE VENDOR --------> 16.00 Recreation Refund 27.00 TOTAL DUE VENDOR --------) 27.60 Enver Prep Svcs -7/12. 23 575.10 TOTAL DUE VENDOR ------- 575.00 Mtg 3/26-Papen 72.28 08/48/93 8060021298 TOTAL PREPAID AMOUNT ----> 72.26 TOTAL DUE VENDOR --------) 0.00 Recreation Refund 21.00 TOTAL DUE VENDOR --------) 21.09 Recreation Refund 40.00 TOTAL,DUE VENDOR --------) 48.00 Recreation Refund 23.00 TOTAL DUE VENDOR --------) 23.00 Cabling Svcs-Netvark 2,946.65 TOTAL DUE VENDOR ------) 2,946.65 1993 California Roster 42.40 TOTAL DUE VENDOR -------) 42.00 + � City of 3 1 a i a n d Bar *+ RUN TIME: 89:89 87/29/93 V O U C H E R R E 5 I S T E R DUE THRJ.............88/03/93 VENDOR NAME VENDOR 1D. ACCOUNT PROJ.T1-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICt DESCRIPTION ------------------------ --------------------------------------------------------------- Casey, Elizaoeth 776 +881-3418 27 488831 01/28 88/83 Chan, Esther 766 }281-3418 17 488837 01/28 88/63 Chan, Yung Bing 193 +081-3476 38 408637 47128 08/03 Chang, Rita 698 +001-3478 3 466031 81128 08/03 Chavez, Kathy i98 +081-3474 1 40803Z 81/28 08/03 +801-3414 2 488831 07128 86/83 Chen, Liiv 755 +081-3476 8 408831 07/28 88/83 Childrens Museum ChildRusem +081-4358-5318 2 488830 87128 68/83 Chun, Misun +881-3476 *w 81/28 66/83 Clayton Engineering Inc. ClaytnEngr +258-4318-6415 84693 1 40843A 87/28 08/03 2352 r 7 IT PABE 2 * ; PREPAID + t AMDUNT DATE CHECK ------------------------------------- Recreation Refund 5•x.00 TOIAL DUE VENDOR --------> 55.00 Recreation Refund 36.08 TOTAL DUE VENDOR --------; 36.08 Recreation Refund 21.08 TOTAL DUE VENDOR --------> 21.80 Recreation Refund 47.88 TUTAL DUE VENDOR --------) 47.14 Recreation Refund 58.88 Recreation Refund 58.80 TOTAL DUE VENDOR --------; 188:88 Recreation Refund 21.08 10TAL DUE VENDOR --------) 21.80 Deposit-TinyTot Excursion 15.88 08103/93 8888821308 TOTAL PREPAID AMOUNT ----) 15.88 TOTAL DUE VENDOR -------i 0.88 Recreation Refund 26.08 TOTAL DUE VENDOR -------) 26.14 Heritage Park Const 21,981.58 TOTAL DUE VENDOR --------) 21,981.58 +�'� v itY of Diamond Bar 444 F q 3' 9 4 RUN TIME: 89:09 07/29/93 V 0 U C H E R R E 6 1 5 T E R PAGE 3 DUE THRJ .............08/03193 VENDOR NAME VENDOR 1D, 4 4 PREPAID 4 � ACCOUNT PROJ.Td-NO BATCH PO.LINE/N0. ----------------------------------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AM3UNT DATE CHECK Conlin Bras Snorting Good ConlinBros +801-4350-1280 1 40883A 82/1618 07/28 88/83 58+03 Baseball Equipment S+.07 4001-4350-1200 2 40803A 03/=610 31/26 06/03 58447 Volleyball Equipment 270.41 TOTAL DUE VENDOR --------) 324.46 Corona Clay Corondclay f001-4350-1200 4 408834 01/1616 07/28 08/83 2471 Supplies-BrickDust 14.26 TOTAL DUE VENDOR -------> 14.26 Cronin, James 796 1881-3478 40 488031 07128 08/03 Recreation Refund 26.60 TOTAL DUE VENDOR --------> 26.08 Dataquick Dataouick 4001-4210-2130 1 46803A 67128 68/83 July Data Base Chg 35.88 TOTAL DUE VENDOR --------> 35.88 De Leon, Sylvia 786 4001-3478 33 408031 07/28 88/63 Recreation Refund 26.88 TOTAL DUE VENDOR --------) 26.08 Diamond Bar Business Asoc DBBUSA55DC 4001-4090-2218 1 488038 07/28 08/83 August Common Area Maint 657.08 TOTAL DUE VENDOR -------) 657.08 Diehl Evans and Co. DiehlEvans 4001-4858-2330 1 40603A 07/26 08/83 Conference-Magnusan 45.88 TOTAL DUE VENDOR --------> 45.80 E -Z Up E -I4 4001-4350-5305 b 6-, 07/28 08/83 83214 Concession Stand -Concerts 922.36 TOTAL DUE VENDOR -------> 922.36 Eastman Inc. Eastman 4001-4310-1208 1 40883A 81/1622 87/26 88163 10718697 Supplies -Com Svc -Cr Mew 18.25- 4801-4090-6238 2 40603A 01/1613 87128 08/63 10729748 Computer Stand 604.09 4881-4630-1288 1 44603A 08/1622 87/28 08/83 10747291 Supplies -C Ngr-Cr Memo 25.63- 4801-4010-1200 1 40163A 01/1622 07/28 88/03 10776212 Supplies -C Council 8.77 4801-4848-1200 1 40803A 02/1622 87/28 88/83 10176213 Supplies -C Clerk 3.65 4881-4850-1200 1 41803A 03/1622 07/26 88/63 10776214 Supplies -Finance 56.95 4001-4090-1280 1 40803A 84/1622 87/26 66/83 10776226 Supplies -Gen Goyt 201.13 4081-4210-1280 1 40603A 05/1622 87/28 88/83 10776237 Supplies -Planning 253.14 4801-4510-1200 1 40803A 06/1622 87/28 68/13 10776241 Supplies -Pub Mks 38.14 +++ City of Di.a4ond Dar +++ r `1�3_q RUN TIME: 0919 07/29/73 V 0 U C H E R R E ii 1 S T E R PAGE 4 DUE THRU .............88/03193 VENDOR NAME VENDOR ID. + + PREPAID t t ACCOUNT PROJ.TX-NO BATCH PO.LINE/40. ------------------------- --------------------------------------------------------------------------------------------------------- ENTRY!DUE INV0I1'F DFSCRIPTICN AMOUNT DATE CHECK Eastman Inc. Eastman (10NIINLED) TOTAL DUE VENDOR--------) 1,113.99 Fleazar, Eleanor 774 1001-3418 23 408031 07/28 88/03 Recreation Refund 21.08 TOTAL DUE VENDOR--------; 21.88 FKM Copier Products FKM 4001-4090-1100 2 40803A 01/1618 07/28 08/03 Toner,Developer 379.66 TOTAL DUE VENDOR --------) 379.66 Federal Express Corp. FedExpress +081-2300-1818 1 46843A 87128 08/83 5-81.4-57116 Express Mailing-FPL 93-10 28.88 4081-4038-2128 1 406/3A 07128 88/83 5-814-51116 Express Mailing-City Mgr 9.08 +801-4210-4228 1 46843A 81/28 06103 5-814-57116 Express Mailing-Planning 61.88 TOTAL DUE VENDOR-------) 98.81 Folmar, Lori 789 +001-3418 36 408031 81/28 08/83 Recreation Refund 32.88 TOTAL DUE VENDOR--------) 32.08 Fu. Amelia 692 +881-3478 5 408031 07128 88/83 Recreation Refund 109.60 10TAL DUE VENDOR--------> 109.84 Fu, Tammy 769 +081-3418 19 468831 07/28 06/63 Recreation Refund 88.00 TOTAL DUE VENDOR--------> 88.44 STE California STE #081-4331-2125 1 IB 17/28 88/13 July P7ne Svc-SycamoreCyn 104.13 10TAL DUE VENDOR--------) 184.13 STEL 6TEL +001-4091-2125 1 40863A 87/28 68/83 Equipment Rental 951.13 TOTAL DUE VENDOR--------> 951.73 +++ City of D i a a o n d Bar +++ RUN TIME: 09:8907/29193 VOUCHER R E 8 1 9 T E R DOE THRU.............08/03/93 VENDOR NAME VENDOR 1D. ACCOUNT PROJ.TII-ND BATCH PO.LINE/NO. ENTRYIDUE INVOICE DESCRIPTION -------------------------------------------------------------------------------------------- �� PAGE 5 * * PREPAID + + AMOUNT DATE CHECK --------------------------------- Gonsalves I Son, Joe A. Gonsalves +091-4018-4808 1 488038 01125 88103 August Legislative Svcs 21108.08 TOTAL DUE VENDOR --------) 2,108.81 Gunderson, Susan 783 1001-3478 32 48833/. 07/28 08103 Recreation Refund 16.00 IUTAL DUE VENDCR-------- 16.09 Han, Mung 795 +801-3474 3 408031 07126 08103 Recreation Refund 45.08 TOTAL DUE VENDOR --------1 45.80 Hardy M. 5trozier Inc. HardvStroz +081-2380-1810 5 488030 87128 06/03 Prof Svcs -FPL 92-19 6,558.32 +801-2308-1818 6 40883D 07128 08/63 Prof Svcs -FPL 93-86 3,815.22 +001-2388-1818 8 40603D 87128 08103 Prof Svcs -FPL 92-19 1,199.52 +881-2388-1818 9 40883D 87/28 88/63 Prof Svcs -FPL 93-86 552.16 +081-2308-1818 10 408030 07128 08/63 Prof Svcs -FPL 92-38 152.32 +881-2388-1818 12 40803D 07129 08/83 Prof Svcs -FPL 92-34 831.79 TOTAL DUE VENDOR --------) 12,381.33 Hidalgo, Mario HidalgoM +081-4358-5385 3 488838 87/28 08/03 Band-ConInPrk 8/4 559.00 TOTAL DUE VENDOR -------) 558.89 Hollister, Dinah HollisterD +001-2368-1882 1 408030 07/28 88/03 Deposit Refund -Park Fees 65.88 06/03/93 0800021297 TOTAL PREPAID AMOUNT ----) 65.88 TOTAL DUE VENDOR --------1 0.88 Huang, Pam rbl +001-3478 1$a7 I W 01/28 88/83 Recreation Refund 32.48 7. TOTAL DUE VENDOR --------) 32.84 Inland 'Valley Dly Bulletn IVDB +881-4210-213 1 488038 87/28 88183 dc44976 Pah Hrg ADR 93-9 65.84 TOTAL DUE VENDOR -------) 65.04 RUN TIME: 09:09 87/29/93 V 0 U C H E R R E 6 I 5 T E R ` t PAGE 6 DUE THRJ.............08103193 VENDOR NAME VENDOR ID. + PREPAID + + ACCOUNT PROJ.Tt-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Ja-k Lantz Lantz 1001-4350-5385 5 408838 07/28 08/03 Band-ConlnPrk 8711 850.08 TOTAL DUE VENDOR--------> 850.84 Jesse, Teresa A. 188 +001-31478 35 408831 07/28 08103 Recreation Refund 16.08 TOTAL DUE VENDOR--------j 16.04 John Alden G.T. JohnAlden +601-4010-8490 1 488838 07/28 08/03 August Cafeteria-Miller 452.88 IDTAL DUE VENDOR--------> 452.84 Johnson, Greg 684 +001-3478 2 406031 01/28 08703 Recreation Refund 10.88 TOTAL DUE VENDOR--------> 10.44 Kaitz, Barbara 775 +401-3478 24 488031 07/28 08163 Recreation Refund 57.08 IOTAL DUE VENDOR-------> 51.04 Kenford, Lisa K. 197 +001-3478 41 41843Z 07/28 88103 Recreation Refund 26.08 TOTAL DUE VENDOR -----> 26.04 Kens Hardware Kens +801-4310-1200 2 408038 87/28 06183 Various Misc Park Supplies 455.03 TOTAL DUE VENDOR-------> 455.83 Kinkns Copies KinkoCopy +001-4218-4228 3 81/28 08163 Copies -Gen Plan 268.29 08/03/93 8882021299 TOTAL PREPAID AMOUNT ----) 268.29 TOTAL DUE VENDOR-------> 8.88 Kobata I Associates Inc KobatabAss +001-4556-5508 1 468838 87/28 08103 Prof Svcs-64 fry Project 1,585.39 TOTAL DUE VENDOR------> 1,585.34 U +** City of Dia®ond gar +++ � RUN TIME: 29:09 07/29/93 V O U C H E R R E G I S T E R PAGE 1 DUE THRU .............06/03/93 VENDOR NAME VENDOR ID. + + PREPAID + ACCOUNT PROJ.TX-NO ----------------------- BATCH PO.LINE/N0. -------------------------------------------------------------------------------------------------------- EITRY/DUE INVO[CF DESCRIPTION AMOUNT DATE CHECK Lasky, Alice 738 +021-3+16 6 406131 07/28 08/03 Re reation Refund TOTAL DIIE VENDOR -------- 32.00 Leighton and Associates Leighton +001-2301-1012 1 408034 07/28 08/03 7619+ GeoTech Review-EN93-031. 514.34 *001-2300-1012 2 40803D 01/28 08/03 78466 GeoTech Review-EN93431 164.00 +001-2300-1012 3 408030 07128 08/03 79691 6aoTech Review-EN93-023 128.00 TOTAL DUE VENDOR --------) /98.30 Levingston, Kirsten 777 +001-3476 26 406831 07/26 08/03 Recreation Refund 62.10 TOTAL DUE VENDOR --------> 82.00 Lo, Pei Yu 803 +001-3476 46 408031 07/28 08/03 Recreation Refund 54.11 TOTAL DUE VENDOR --------> 54.00 Mac Bride, Dexter MacBrideD +001-4410-2330 1 408038 07/28 06/03 Reish-Cont 7/21-23 31.00 TOTAL DUE VENDOR -------- ). 31.00 Main Street Tours MainStreet +112-4366-5314 1 406238 01/28 06/03 Transportation-7/IlCruise 750.08 *001-4350-5316 1 40883B 07/28 06/03 21962 Tickets -Cruise 7/11 699.00 TOTAL DUE VENDOR --------> 1,649.04 Martinez, Donavan 784 +001-3418 31 406132 07/28 08/03 Recreation Refund 22.00 "- NOTAL DUE VENDOR --------) 22.00 Mearns, Marilyn J. 159 +001-3476 It I 07/28 18/13 Recreation Refund 26.00 TOTAL DUE VENDOR -------> 26.40 Midley, Arnelle 765 *001-3476 16 406131 07/28 08/03 Recreation Refund 87.06 TOTAL DUE VENDOR --------) 67.14 U RCN TIME: 89:09 87/29/93 V O U C H E R R E 6 I S T E R f PA6f 8 DOE THRJ .............06103/93 VENDOR NAME VENDOR 1D. + PREPAID + + ACCOUNT PRD.7.T1-NO ---------------------- BATCH PD.LINE/NO. ----------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DA -1 CHECK Mobil Mobil +801-4210-2310 3 408938 07/28 88/03 ke189070 Fuel -Ping 7.45 +081-4310-2310 1 406038 07128 88/03 k2469048 Fuel -PIR 31.00 +001-4090-2310 2 408038 07128 88/03 k299+062 Fuel -Gen Govt 13.00 +e01 -4210-22t0 1 40103B 01128 08783 0173096 Brake Repair -Ping Vehicle 52.44 +001-4318-2310 2 408438 07/26 68/03 k4568583 Fuel -PIR 20.00 +801-4210-2310 1 408938 07128 08/83 k4568641 Fuel -Ping 22.68 +001-4310-2310 3 408439 07128 06103 k4568955 Fuel -PIR 31.0E +001-4990-2310 1 4488:18 01/28 88103 k4568970 Fuel -Gen Govt 15.45 +021-4030-231.8 1 468438 07/28 08183 k4569110 Fuel-CCouncil 14.39 001-4210-2310 2 49803B 41128 08103 k4569320 Fuel -Ping 12.45 TOTAL DUE VENDOR -------- 231.82 Monterey Marriott Marriottmo +001-4010-2338 2 408930 07126 08103 Conf 7/21 -23 -Paden 208.00 08/03/93 8000621293 TOTAL PREPAID AMOUNT ----) 208.98 TOTAL DUE VENDOR -------) 8.88 Morris, Laura 794 +001-3476 39 408932 87128 08/93 Recreation Refund 27.00 TOTAL DUE VENDOR -------> 27.04 Myers, Elizabeth MyersE +001-4040-4002 1 408838 67/28 98183 CC Mtg Mnts-7/6 220.00 +001-4040-4000 2 48893B 07/28 06/03 CC Mtg Mots 7/13/93 200.00 +001-4210-4890 2 488938 97/28 88/83 Ping Cosa Mots 7112 180.06 +201-4212-4090 2 40803B 87/28 88/03 91014 Gen Pian Mnts-6129 328.09 +801-4553-4009 1 498838 07/28 88/43 93414 Trfc i Trns Mots 7/15/93 48.00 TOTAL DUE VENDOR -------> 968.99 Nelson, Trent NelsonT +001-4358-5305 9 4#m 87128 88/03 Sound5ys-ConInPrk 8111 400.88 TOTAL DUE VENDOR --------) 408.04 Nelson, Trent NelsonT +081-4354-5385 11 48A13C 81128 88/83 Saund5ys-ConInPrk 614 408.08 TOTAL DUE VENDOR --------) 488.04 Oh, Chong Nye 765 +001-3476 32 406031 07/28 08/03 Recreation Refund 23.60 TOTAL DUE VENDOR --------) 23.08 t t* C i t y o f D i a A o n d B a r RUN 1IME: 89:09 87/29/93 V O U C H E R R E 6 15 T E R PAK 9 DUE TNRJ.............08/83/93 VENDOR NAME VENDOR iD. * PREPAID + + ACCOUNT PR3J.TI-NO BATCH PO.LINE/NO. ENTRY/DUE INVOTCF ptSCRIPTION A"DONT DATE CHECK ------------------------------------------------------------------------------------------------------------------.------------------- Pac Tel Cellular PacTel ta31-4838-2125 1 488830, Pacesetter Municipal Svcs Pacesetter +801-2328-1818 3 488831, }281-2328-1812 2 48803C Pacific Time Recorder PacTiaeRec +081-4848-2228 1 40603C Papen, Phyllis *081-4818-2332 Payroll Transfer *001-1020 PaperP 3 408836 PayrollTr 1 408839 Pfeiler L Associates Pfeiler *801-2328-1818 4 48823" Pitney Bores PitneyBowe *001-4098-2130 1 408830 Plese, Paul +001-3418 42 W431 Pcstage By Phone PostByPhon *001-4090-2128 1 408030, 87128 88/83 3uly Cellular Svc-CMgr 35.11 TOTAL DOE VENDOR --------) 35.11 81128 88183 Plan Check Svc-FPL93-22 118.88 81126 88/83 2161 -PC Plan Check Svc-FPL93-17 118.82 TOTAL DUE VENDOR --------: 226.88 87/28 88183 818976 Tiee Clock Repair 188.38 TOTAL DUE VENDOR --------) 188.38 81128 08/03 Conf 7/12-23-Papen 166.88 88/03/93 8808821294 TOTAL PREPAID AMOUNT ----) 168.68 TOTAL DUE VENDOR --------) 8.88 87/28 08/63 Payroll Transfer PP14 37,220.88 88/03/93 8828382314 TOTAL PREPAID AMOUNT ----) 37,288.88 TOTAL DUE VENDOR --------) 8.88 07/28 88103 Refund-ChaeofAddrssDepost 131.58 TOTAL DUE VENDOR --------> 737.58 81/28 86/83 August Equip Rent 99.59 TOTAL DUE VENDOR --------> 99.59 87/28 88/03 Recreation Refund 26.88 TOTAL DUE VENDOR --------) 26.80 87/28 88/83 Postage Repienishoent 1,888.88 TOTAL DUE VENDOR --------) 1,808.88 i ttt City of Dim and gar t+� RUN TIME: 99:09 41/29/93 V 0 U C H E R R E G I S T E R Y V PA BE 14 DUE THRU.............08/03193 VENDOR NAME VENDOR 11). 1 t PRLPA]D t + ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Prev ere Leasing Co. Preeierete t8a1-4358-2140 1 46883C 01/28 08/03 0479 Public Eapl Retirement PERS 1001-2118-1088 1 408030 91/28 08/03 1201-2110-1208 2 40803D 07/26 08/03 Purpero, Ruth 762 1821-3418 11 408031 07/26 08/03 1981-3418 12 408832 27128 98/03 R.F. Cosa. Soecialties RFCo&sSpec t881-4411-22910 1 48813C 07/28 08/03 11644 Ramirez, Kathy 780 +001-3418 26 408031 01/28 08/03 Repro Graphics ReproGraph 1801-4050-2t10 2 48803C 61/1611 87/28 88/83 6315 Reynolds, Marilyn 754 +001-3418 7 40431 01/28 06/83 -A Ruiz, Mary Lou -n7 +001-3418 34 *43Z 81128 88/03 S.C.J.P.I.A. PSBI 1001-2118-1884 1 41803C 07/28 88/63 +001-2110-1096 1 46603C 07/28 88/03 Bldg Rent-Sycamare Cyn 564.62 TOTAL DUE VENDOR --------> ;64.62 Eulover Contrib-PP14 2,188.98 08/03/93 0040421321 Employee Contrib-PP14 2,451.70 08/03/93 tAeet21301 TOTAL PREPAID AMOUNT ----) 4,640.68 TOTAL DOE VENDOR --------> 2.02 Recreation Refund 71.00 Recreation Refund 48.84 TOTAL DUE VENDOR --------) 111.88 Radar System Maint 45.00 TOTAL.DUE VENDOR --------) 45.04 Recreation Refund 27.00 TOTAL DUE VENDOR --------) 27.01 Printing-CashReceipt 380.98 TOTAL DUE VENDOR --------> 300.98 Recreation Refund 40.06 TOTAL DUE VENDOR --------> 40.80 Recreation Refund 26.00 TOTAL DUE VENDOR --------> 26.00 Aug Dental Press 923.35 Aug Vision Press 255.91 TOTAL DUE VENDOR --------> 1,179.26 *tt ity of Diamond Bar +++ R�3 q/% RUN TIME: 99:09 07/24!93 V O U C H E R R E 6 I S T E k `�� PAGE 11 DUE THRU.............08/03/93 VENDOR NAME VENDOR I0. + + PREPAID + + ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DU( INVOICE DESCR1P1I0N AMOUNT DATE CHECK ----------------------------------------------------------------------------------------------------------------------------------- San Gabriel Vly Tribune SGVTribune +00t-4219-2115 2 46643C 81128 98/03 2415 Pub H.g Cup 92-6 79.65 *021-4219-2115 4 49603C 07/26 08/03 2416 Pub Hrg VAR 93-2 71.96 +001-4210-2115 3 40803" 07/28 08103 2,417 Pab Hrg Cup 92-13 76.47 te01-4210-2115 5 40803C x7/28 08/03 cgvt2499 Pub Nrg ADR 93-9 61.42 TUTAL DUE VENDOR --------) 311.52 Santamaria, 4aroarita 776 +931-3478 25 408232 07/28 08/03 Recreation Refund 16.00 TOTAL DUE VENDOR --------} 16.00 Shinde, Kumar 802 *041-3476 45 408631 81/28 08/03 Recreation Refund 69.00 TOTAL DUE VENDOR -------- 69.N Siecle, Warren C. SiecleY +001-4553-5222 2 40803C 07/28 08/03 2993-8 Prof Svcs-6rd/RllgKnoll 734.01 1081-4553-5222 1 40803C 87126 98/63 2994-6 Prof Svcs-6rd/DBBlvd 860.00 +001-4553-5222 3 40803" 07/28 68/03 2995-9 Prof Svcs-BreaCyn/Pathfnd 450.00 TOTAL DUE VENDOR -------) 2,B44.00 Sir Speedy Sirspeedy +001-4210-2110 1 40803" 07/28 06103 12651 Printing -Bus Cards 91.72 *061-4210-4220 2 48803C 07126 06/03 12152 Ben Plan Copies 869.25 +001-4553-2110 1 40803C 07128 08/03 12177 S7uttle Svc Flyer 41.93 TOTAL \DUE VENDOR -----) 1,002.90 Standard Insurance of Ore StandardIn fool -2110-1805 1 40803C 07128 08/03 Aug Life Ins Preas 333.50 TOTAL DUE VENDOR ------} 333.50 Standard Insurance of " andardIn +001-2110-1005 07/28 08/03 Aug Suppl Life Ins Prees 17.00 TOTAL DUE VENDOR -------) 17.00 Steadman, Marcella 5 +001-3472 1 408031 07/28 08/03 Recreation Refund 41.00 TOTAL DUE VENDOR --------) 41.00 0 t++ CitY of 3iasond Bar ++t RUN TIME: 09:09 87/29/93 V 0 U C H E R R E S I S T E R PASE 12 DUE THRU .............06/03/93 VENDOR NAME VENDOR 1D. + + PREPAID + + ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. -------------------------------------------------------------------------------------------------------------------------------- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Steinberg, Wendy 762 +801-3478 14 408831 07128 08/03 Recreation Refund 32.00 TOTAL DUE VENDOR --------> 32.01 Tine Out Personnel Svc. TiseOut 1001-4018 +008 3 408830 07/28 88/03 931440 Tesp Svcs-"Clk 122.72 +001-4040-4800 4 40603D 87/28 08/03 930459 Tesp Svcs-CClk 590.59 TOTAL DUE VENDOR --------) 713.31 Torres, Monet 110 +001-3478 20 40883T 01128 88/03 Recreation Refund 27.08 *001-3418 21 468837 87/28 08/03 Recreation Refund 25.01 TOTAL DUE VENDOR --------) 52.88 US Sprint USSprint +021-4510-2125 1 488830 67128 06/03 Engr Long Dist Phne Svcs 21.14 TOTAL DUE VENDOR ------) 21.14 Uh, Joanna 799 +001-3478 43 41603L 07/28 08/83 Recreation Refund 26.08 TOTAL DUE VENDOR --------- 26.80 UltraSystess Engineers UltraSyste +801-2388-1811 1 488030 67/28 48/03 051172 Prof Svcs-FER 92-01 4,679.65 +881-2308-1811 2 49813D 07/28 88/83 851112 Prof Svcs-FER 92-82 2,154.22 +801-2388-1811 3 488830 07/28 18/03 851172 Prof Svcs-FER 92-04 5?4.27 TOTAL DUE VENDOR --------> 7,426.34 Unocal Unocal +881-4318-2316 4 07/28 68/83 285881 Fael-PIR 11.58 +001-4030-2318 67128 08/83 410129 Fuel-CMgr 28.49 *001-4838-2310 07/28 08/63 811558 Fuel-C4gr 13.58 TOTAL DUE VENDOR --------> 55.49 Walnut Vly Water Dist WVWaterDis +258-4215-6428 06294 1 488830 07/29 88103 FY93-94Lease-ResrvairSite 114,798.88 88/03/93 0008021295 TOTAL PREPAID AMOUNT ---) 114,798.08 TOTAL DUE VENDOR --------) 8.08 0 +++ City of Diaaand Sar +++ RUN TIKE: 89:89 91/29/93 V O U C H E R R E 6 I S T E R PAGE 13 DUE THRU.............08/63/93 VENDOR NAME VENDOR I0. + + PREPAID + f ACCOUNT PRDJ.TX-NO BAICH PO.LINEINO. ENTRY/DOE INVOILF DESCRIPTIC4 AMOUNT DATE CHECK ------------- ---------- ----------------------------------------------------------------------------------------------------------- Wa5son, David +001-3418 Ben Miao, Li +901-3418 663 1 498931 782 29 408837. Western 6overr.aental dest6ovt +001-4839-2315 1 408030 Whitaker, Graeme P.61 +001-3418 44 408037 Wright, Paul WrightP 1081-2398-1819 13 468830 +001 -?300-1810 14 49883D H01-4210-4228 4 406830 Yosmte Waters YoseeVater +801-4316-2138 2 408030 91/1629 07128 08103 07/26 08/03 07/28 08/83 07126 08/63 07129 48163 07/29 98/83 07/29 08/83 07/28 88/93 938228 Recreation Refund 10.00 TOTAL DUE VENDOR --------) 18.80 Recreation Refund 21.80 TOTAL DUE VENDOR --------) 21.00 WSRA Ke4hership-CKgr93-94 35.88 10TAL DUE VENDOR --------) 35.89 Recreation Refund 26.89 TOTAL DOE VENDOR ------) 26.00 Audio/VisualSvcs-FPL93-13 15.98 Audio/VisualSvcs-FPL93-93 98.00 Audio/Visual Svcs-GenPlan 495.80 TOTAL DOE VENDOR --------) 518.81 EquipRent-WaterDisp 6.95 TOTAL DOE VENDOR --------) 6.95 TOTAL PREPAID -----------) 157,427.17 TOTAL DUE -----------) 71,512.16 TOTAL REPORT ------------) 228,939.33 { C i ty of D i aeon d Bar �t+ �� ` PAGE 1 RUNTIME: 07:09 47129/93 VOUCHER REGIS T ER FUND SUMMARY REPORT DUE THRO.............06103/93 DISBURSE GIL 63E BILL POST 6JE HAS POSTED FUTURE ?RANSACTIGNS FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE ----------------------------------------- -------------------------------------- 881 6aneral Fund 88,551.18 65,8+5.83 116 Air Duality Imp 2,946.65 258 C.I.P. Fund 136,691.54 112 Prop A -Transit F 15a.da TOTAL ------------ ------------ -- ALL FUNDS 228,939.33 65,845.83 ------------- -------------------------------------- 1,811.82 21,69+.35 2,946.x..5 136,691.54 75a.89 ------------ ------------ ------------ ------------ 11811.88 162,282.59 OLD BUSINESS: CSD/Rose reported that the City Council, at their June 15, 1993 meeting, added $50,000 to the Parks Priorities and Recreation budget for projects at each of the Matrix City's eight parks, and requested that the Commission's priority matrix be utilized to prioritize the projects. It is recommended that the Commission develop a list of recommendations, or to establish a subcommittee to work with staff to develop a list of projects to recommend to the City Council. VC/Johnson inquired how many of the projects in the priority matrix are included in the 1993/94 budget. CSD/Rose reviewed each of the projects, as listed in the staff report. The following projects are budgeted for FY1993/94: Installation of ball field lights at Peterson; development of Pantera Park; install pay phone in Sycamore Canyon Park; retro- fit irrigation heads at Heritage Park; repair landslide in back of Sycamore Canyon Park; and enhancement of the 5th City Anniversary Celebration. The following projects have also have been funded, or can be funded through other sources: repair/adjust Heritage Park lights; establish Senior Citizen Program; resurface tennis and CITY OF DIAMOND Bax MINUTES OF THE PARKS AND RECREATION COMMISSION JUNE 24, 1993 CALL TO ORDER: Chairman Schey called the meeting to order at 7:10 p.m. at the AQMD, Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Chairman Schey. ROLL CALL: Commissioners: Goldenberg, Ruzicka, Vice Chairman Johnson, and Chairman Schey. Commissioner Medina was absent. Also present were Community Services Director Bob Rose, Administrative Assistant Kellee Fritzal, Administrative Intern Sandy Barlow, Brea's Contract Class Specialist Jan Stwertnik, and Contract Recording Secretary Liz Myers. APPROVAL OF Staff requested that the Minutes reflect the proper THE MINUTES: spelling of "braking". May 27, 1993 Chair/Schey made the following corrections: amend "is" to "are" on page 4; and "form" to "from" on page 6. Motion was made by C/Ruzicka, seconded by VC/Johnson and CARRIED UNANIMOUSLY to approve the Minutes of May 27, 1993, as amended. OLD BUSINESS: CSD/Rose reported that the City Council, at their June 15, 1993 meeting, added $50,000 to the Parks Priorities and Recreation budget for projects at each of the Matrix City's eight parks, and requested that the Commission's priority matrix be utilized to prioritize the projects. It is recommended that the Commission develop a list of recommendations, or to establish a subcommittee to work with staff to develop a list of projects to recommend to the City Council. VC/Johnson inquired how many of the projects in the priority matrix are included in the 1993/94 budget. CSD/Rose reviewed each of the projects, as listed in the staff report. The following projects are budgeted for FY1993/94: Installation of ball field lights at Peterson; development of Pantera Park; install pay phone in Sycamore Canyon Park; retro- fit irrigation heads at Heritage Park; repair landslide in back of Sycamore Canyon Park; and enhancement of the 5th City Anniversary Celebration. The following projects have also have been funded, or can be funded through other sources: repair/adjust Heritage Park lights; establish Senior Citizen Program; resurface tennis and June 24, 1993 Page 2 basketball courts; retrofit parks/ playgrounds for ADA compliance; purchase stage for Concert in the Park; shade structure at Peterson Park; retrofit county signs at City Parks; and playground equipment at Maple Hill Park. The following projects are completed: Park Maintenance Contract Enhancement; adding sand to playground areas; and tennis court lights at Maple Hill Park. The following projects have not been funded as of this time: completion of Parks Master Plan; addition of top soil to mitigate the Peterson Park turf condition; playground drainage improvements at Peterson Park; re -wire electrical conduit at Maple Hill Park; tree Nursery at Sycamore Canyon Park; relocate drinking fountain at Heritage Park; purchase slats for chain link fence enclosure at Sycamore Park; construct volleyball courts; construct additional basketball courts; lighting for basketball courts; City swimming pool; cover dumpster enclosures at parks; portable goals for soccer and backstops for softball; conversion of fenced enclosure into a roller rink at Sycamore Canyon Park; intramural sports co-sponsorship with the Walnut Sheriff Station; and additional youth non -sport programs. CSD/Rose stated that the money could also be used towards some of the minor CIP projects listed in the staff report. Chair/Schey pointed out that the money could also be used to light the basketball courts at Maple Hill Park and Heritage Park. C/Ruzicka stated that he received a request from numerous citizens for the City to install a lighted basketball court at Summitridge. If possible, that particular project should be added to the priority list. Chair/Schey suggested that the item be continued to the next meeting to allow the Commission time to think about possible projects that the money could be used. CSD/Rose stated that staff could attach a cover letter to the priority matrix for FY1993-94 emphasizing the Commission's desire to select a consultant to carry on the work of the Parks and Recreation Commission to complete a Parks Master June 24, 1993 Page 3 Plan, not to exceed $50,000 dollars, and highlighting the top three or four projects. Motion was made by C/Ruzika, seconded by VC/Johnson and CARRIED UNANIMOUSLY to continue the matter to the next meeting, with the understanding that the Commission will think over possibilities to use the $50,000 dollars as well as to communicate with Council members to receive input from them. C/Goldenberg and VC/Johnson volunteered to be on the subcommittee to establish a draft priorities list for the possible use of the $50,000 dollars allocated in the budget. They concurred to meet with staff on June 28, 1993 at 8:30 a.m. Pantera Park CSD/Rose reported that staff is now reviewing the Landscape cost proposals from each of the three firms, RJM Architect Design Group, E.P.T., and Clark Green, which were Update selected upon completion of the interviews and park tours of the five Landscape Architects that had been considered for the design of Pantera Park. It is anticipated that the successful Landscape Architect will be available to attend the July 22, 1993 Commission meeting to begin the Pantera Park design process. VC/Johnson volunteered to attend the meeting with staff and RJM Design Group, scheduled June 25, 1993 at 11:00 a.m. ADA Subcommittee CSD/Rose reported that the ADA subcommittee met on Update June 7, 1993 to discuss plans on retrofitting City parks to meet ADA accessibility requirements. Part of the discussion included a desire to seek Diamond Bar residents (preferably disabled) to assist the subcommittee on this task. It is recommended that the Commission review and comment on the attached news release seeking volunteers to assist in the review of access to the City parks and recreation programs. VC/Johnson suggested that the news release set a two week deadline date. He suggested that a flier also be made available at each program now offered by the City. Parks Master CSD/Rose reported that each Commissioner submitted Plan their input to staff regarding the Park Standards. Chair/Schey reviewed the input submitted and brought back a recommendation for City-wide Park Standards, as indicated in the staff report titled City of Diamond Bar Revised Park Standards dated June 21, 1993. June 24, 1993 Page 4 Chair/Schey stated that he reviewed the recommendations submitted by the Commission, as summarized in the staff report titled City of Diamond Bar Park Standards dated April of 1993. In assessing the City's deficiencies, the Commission should be looking at a population figure ten years in the future, and factoring in a population growth that should be indicated in the General Plan. Chair/Schey then reviewed the Revised Park Standards, explaining the rationale behind his recommendations, as summarized in his memorandum dated April 28, 1993, which is included in the staff report. VC/Johnson suggested that equestrian trails, which should be developed in the long term if Diamond Bar does expand it's boundaries towards the wilderness or mountain area, be at a lower ratio, and that street hockey, which is a growing sport in popularity, be given a higher ratio of 1/15,000. C/Ruzicka stated that equestrian trails could be linked with existing trails in neighboring communities, and include different levels of skill. Chair/Schey suggested that it may be more appropriate to take bicycle trails and equestrian trails out of the standards, and placed as a policy statement in the Parks Master Plan indicating a desire to integrate the City of Diamond Bar into a regional equestrian trail, and to establish an equestrian center in an appropriate location. The Commission concurred. Motion was made by C/Ruzicka, seconded by VC/Johnson and CARRIED UNANIMOUSLY to approve the Revised Park Standards dated June 21, 1993, with the modification of the removal of the equestrian trails from the Park Standards to be placed as a policy statement in the Parks Master Plan, and to increase the ratio for street hockey to 1/15,000. NEW BUSINESS: 1993-94 CSD/Rose reported that the Community Services Budget/CIP Department budget for 1993-94, included in the staff report, was adopted by the City Council on June 15, 1993. The total expenditures are projected to be $867,920, with revenues estimated to be $247,500. Budget adjustments. can be made during the year. In response to VC/Johnson, CSD/Rose reported that the budget does include one additional staff member for the Parks and Recreation Department. June 24, 1993 INFORMATIONAL ITEMS: Page 5 Proclamation: Motion was made by C/Ruzicka, seconded by July as VC/Johnson and CARRIED UNANIMOUSLY to recommend to Parks and the City Council to proclaim July as Parks and Recreation Month Recreation Month. Chair/Schey stated that he will attend the City Council July 6, 1993 meeting to accept the proclamation on behalf of the Parks and Recreation Commission. Parks CSD/Rose reported that the City Council, at their Maintenance June 15, 1993 meeting, awarded the Parks Contract Maintenance Contract to Accurate Landscape and Update Maintenance Corporation for $102,600. In response to Chair/Schey, CSD/Rose stated that the contract is for a one year agreement with a five year annual renewal clause, with CPI adjustments. Adopt -A -Park CSD/Rose reported that, since the implementation of Update the Adopt -A -Park program authorized by the City Council on September 1, 1992, nine organizations have completed (or are in the process of completing) six projects or adoptions, as is indicated in the staff report. In addition, FC International recently conducted a car wash as a fund raiser, with the proceeds going to the Adopt - A -Park program. VC/Johnson requested staff to explore some type of advertisement to lend to the participants in the Adopt -A -Park program to use on site as a way of attracting attention to the project and gaining more participants in the program. He also suggested that staff contact service clubs now to solicit their participation in the program because it is the start of their fiscal year. Staff and the Adopt -A -Park subcommittee should meet to start developing some recognition guidelines to acknowledge participants in the Adopt -A -Park program for purposes of expanding the program, to be brought back to the Commission for review. User Group Update CSD/Rose reported that the User Group subcommittee met on June 8, 1993 with the representatives of six local sports organizations to allocate the use of park athletic facilities for dates from August 1 - December 31, 1993. The scheduling of the facilities has been completed for City parks. Pop Warner and the Walnut Valley Unified School District has also reached a compromise regarding June 24, 1993 Page 6 field use at Castle Rock Elementary School and the High School. 1993-94 Letter CSD/Rose reported that the 1993-94 Letter of of Agreement Agreement with Brea was approved by the City with Brea Council on June 15, 1993, adjusting the projected for Recreation expenditures to $309,877 and estimated revenues to Services $211,435. The City is currently entering the 2nd year of a three year agreement with Brea, which does include a provision for adjusting the revenue and expenditure figures in the contract. There were no program changes made. Recreation Jan Stwertnik presented an update to the recreation Program program, as indicated in the staff report, Update reviewing contract classes, adult sports, and youth sports. She informed the Commission that the Recreation Program received a plaque from the Diamond Bar Art Center for our support in the promotion of art. C/Ruzicka asked staff to consider holding computer classes in the evening to accommodate working individuals. Jan Stwertnik, amending the staff report, stated that the younger division in the summer baseball program has 188 participants, generating $9,400 in revenue. The older division has a total of 253 participants, with a revenue of $12,800. CSD/Rose reported that the summer baseball program can accommodate about 476 children. AI/Barlow reported that the following three excursions are remaining for the summer: Champagne Brunch Cruise to San Diego has 20 spaces filled; Hollywood Bowl on August 6th has 19 spaces filled; and San Simion Hertz Castle Trip in September has 2 spaces filled. AA/Fritzal reported that the Tiny Tot graduation was held June 11, 1993 at the High School. The summer Tiny Tot program has 18 registered for the M/W/F class, and 17 registered for the T/Th class. The Concert -in -the -Parks program begins June 30, 1993 at Sycamore Canyon Park, with the E1 Toro Marine Corp Band. Subcommittee CSD/Rose reported that an updated Commission sub - Assignments committee list has been included in the staff report. ANNOUNCEMENTS: C/Goldenberg thanked staff for helping him learn June 24, 1993 Page 7 more about the function of a Parks and Recreation Commissioner. VC/Johnson suggested that the principals in all the schools in the City of Diamond Bar be on the City's mailing list for the recreation schedules and the City's newsletters. ADJOURNMENT: Motion was made by C/Ruzicka, seconded by VC/Johnson and CARRIED UNANIMOUSLY to adjourn the meeting at 8:22 p.m. Respectively, /s/ Bob Rose Bob Rose Secretary Attest: /s/ David Schey David Schey Chairman CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 3, 1993 REPORT DATE: July 27, 1993 FROM: James DeStefano, Community Development Director TITLE: A Resolution of the City Council of Diamond Bar denying an appeal and sustaining a Planning Commission approval of Conditional Use Permit No. 91-12(1) and Development Review No. 93-2. SUMMARY: On July 20, 1993, the City Council directed staff to prepare a resolution denying an appeal and sustaining 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 to be located within the existing retail shopping center identified as Country Hills Towne Center located at 2757 S. Diamond Bar Boulevard. RECOMMENDATION: It is recommended that the City Council approve the attached resolution denying the appeal. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) _ Agreement(s) _ Other EXTERNAL DISTRIBUTION: None 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? 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 Y: Terrence L. Belan City Manager 4AJk1 �� Aafes DeStefano Community Develop ent Director CITY COUNCIL REPORT MEETING DATE: August 3, 1993 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: A Resolution of the City Council of Diamond Bar denying an appeal and sustaining a Planning Commission approval of Conditional Use Permit No. 91-12(1) and Development Review No. 93-2. ISSUE STATEMENT: On July 20, 1993, the City Council directed staff to prepare a resolution denying an appeal and sustaining 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 to be constructed within an existing retail shopping center identified as Country Hills Towne Center located at 2757 S. Diamond Bar Boulevard. RECOMMENDATION: It is recommended that the City Council approve the attached resolution denying the appeal. FINANCIAL SUMMARY: N/A BACKGROUND/DISCUSSION: On July 20, 1993, the City Council opened a public hearing for an appeal in opposition of the May 24, 1993 Planning Commission approval of Conditional Use Permit No. 91-12(1) and Development Review No. 93-2 filed by Dr. and Mr. Ken Anderson on June 3, 1993 and continued by the appellants' request. At the July 20, 1993 City Council meeting, several issues were discussed pertaining to hours of operation, the sale and on-site consumption of alcoholic beverages, security, driveways located at Fountain springs Road and Diamond Bar Boulevard, parking signs, patio dining, relocation of the project site, parking, parking lot repairs, future expansion of the shopping center, and remediation. Upon conclusion of the public hearing, the City Council directed staff to prepare a resolution denying the appeal and sustaining the Planning Commission approval with additional conditions. Attached to this agenda report is the draft resolution denying the appeal and sustaining the Planning Commission approval of Conditional Use Permit No. 91- 12(1) and Development Review No. 93-2. PREPARED BY: A n J// Lu Planning Technician Attachments: Draft City Council Resolution Negative Declaration No. 93-6 F1 RESOLUTION NO. 93-,- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING AN APPEAL AND SUSTAINING THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 91-12(1) (AMENDING CONDITIONAL USE PERMIT NO. 91-12) AND DEVELOPMENT REVIEW NO. 93-2, AN APPLICATION TO CONSTRUCT A RESTAURANT WITH A LOUNGE/BAR AND PATIO DINING, AND MITIGATED NEGATIVE DECLARATION NO. 93-6 LOCATED AT 2757 S. DIAMOND BAR BOULEVARD. A. Recitals 1. The Applicant, Hamburger Hamlet and the Property Owner, Landsing Pacific Fund, heretofore have filed an application for Conditional Use Permit No. 91-12(l) (amending Conditional Use Permit No. 91-12) to permit a restaurant with a lounge/bar and patio dining on a developable pad that was previously approved for a drive-thru restaurant and retail shops and Development Review No. 93-2 for construction of a restaurant on Pad 115, Lot 15 of Tract No. 18722 located at 2757 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California, as described in the title of this Resolu- tion. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review applica- tions are collectively referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Pursuant to judgement rendered by the Los Angeles County Superior Court, action was taken on the subject application as to the consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. The Planning Commission of the City of Diamond Bar, on May 24, 1993 conducted a duly noticed public hearing and approved the Application with conditions. 5. The Appellant, on June 3, 1993, filed an appeal of Planning Commission Resolution No. 93-15. 6. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on June 11, 1993. Notification of 92 property owners within a 500 foot radius of the project site was mailed on June 10, 1993. 7. The Appellant, on June 25, 1993, file a request for continuance of the appeal until July 20, 1993. 8. The City Council of the City of Diamond Bar, on July 20, 1993 conducted and concluded a duly noticed public hearing on said appeal. 9. All legal prerequisites to the adoption of this Resolu- tion have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council, specifically finds that the initial study prepared and reviewed by the City of Diamond Bar and Negative Declaration No. 93-6 has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further said Negative Declaration reflects the independent judgement of the City of Diamond Bar. 3. The City Council specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned, upon the proposed project set forth in the Application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence K this City Council rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of regulations. Notwithstanding any previous subsection of this resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the Applicant prior to the issuance of any building permit or any other entitlement. 4. Based upon the findings and conclusions set forth herein, this City Council, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: (a) The project relates to a parcel of 15,999 square feet within an existing retail shopping center of approximately 17.7 acres identified as Country Hills Towne Center located at 2757 S. Diamond Bar Boulevard, City of Diamond Bar, California 91765. The project is located within the restricted Business Zone (C-1) and has a General Plan Land Use designation of General Commercial (C)). (b) Generally, the proposed project is surrounded by the following zones: to the north and west is the Single Family Residential Zone -minimum lot size 7,500 square feet (R-1-7,500); to the south is the Residential Planned Development Zone -15 units per acre (RPD -15U); to the east is Single Family Residential Zone -minimum lot size 20,000 square feet (R-1-20,000). (c) In accordance with the procedures set forth in Ordinance No.4 (1992), substantial evidence exists, considering the record as a whole, to determine that the project, as proposed and conditioned herein, will not be detrimental to or interfere with the General Plan adopted or under consideration by the City. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate proposed development. conditional Use Permit: (e) Approval of the proposed project will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. (f) Approval of the proposed project will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site. (g) Approval of the proposed project will not jeopardize, endanger or otherwise constitute a menace to public health, safety, or general welfare. (h) The proposed project is adequately served by Diamond Bar Boulevard and Fountain Springs Road. Development Review: (i) The design and lay out of the proposed project is consistent with the applicable elements of the General Plan, adopted or under consideration by the City and pursuant to the provisions of Ordinance No.4 (1992), design guidelines and of the appropriated district, and any adopted architectural criteria for specialized area, such as designate historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. (j) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. (k) The architectural design of the proposed project is compatible with character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Development Review Ordinance No. 5 (1990). (1) The design of the proposed project would provide a desirable environment for. its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (m) The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 4 5. Based upon the substantial evidence and conclusions set forth hereinabove, this City Council denies the subject appeal and sustains the action of the Planning Commission subject to the following additional conditions: (a) The project shall substantially conform to site plan, floor plan, elevations, and landscape plan labeled collectively as Exhibit "A" dated May 24, 1993 as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Applicant shall provide an enclosed recycling bin. Within 60 days of approval of this grant, the Applicant shall submit to the City for review and approval a revised site plan indicating the location of the recycling bin. (d) The hours of operation for the restaurant shall be Monday through Thursday 11 a.m. to 11 p.m., Friday through Saturday 11 a.m. to 12 midnight and Sunday 10 a.m. to 11 p.m. Restaurant patrons shall be allowed a reasonable time to complete their food orders. (e) Deliveries for the restaurant shall not occur between the hours of 6 p.m. and 8 a.m. (f) There shall be no amplified sound or music within the patio dining area. (g) There shall be no live entertainment incorporated into the restaurant facility. 5 (i) Property Owner shall provide a sidewalk at the Fountain Springs Road driveway. The sidewalk shall begin at the top of the driveway and continue to the parking area below within the shopping center. The sidewalk shall be meet the existing bomonite crosswalk. (j) Fountain Springs Road driveway shall be utilized for ingress only. The property owner shall provide required signage, required striping, and any other improvements as may be necessary for this change to the specification of the City Engineer prior to the issuance of a Certificate of Occupancy for the Hamburger Hamlet restaurant. (k) Property Owner shall repair, slurry seal, and restripe the parking lot area north and west of the theater and in the rear between the theater and Alpha Beta to the specification of the City Engineer and the Planning Division prior to the issuance of a Certificate of Occupancy. (1) Prior to the issuance of a Certificate of Occupancy, the Property Owner shall install signage indicating parking in the rear of the shopping center. (m) Property Owner shall install additional lighting in the rear portion of the shopping center to encourage the utilization of the parking spaces and to insure the safety of patrons. The lighting shall furnish one (1) lumen of light per square foot at ground level at any location within the parking lot area. The Property Owner shall submit a lighting plan for review and approval by the City. (n) In the event that the Speedee Lube and Tune facility does not satisfy the conditions of approval in Resolution No. 92-4 and Resolution No. 92-5, it's site shall be returned to the original configuration by the Property Owner prior to the issuance of a Certificate of Occupancy for the Hamburger Hamlet restaurant. (o) Within six (6) months of approval of this grant, a redesign of the main entrance of the shopping center located at Diamond Bar Boulevard and parking plan shall be submitted by the Property Owner to the City for review and approval. C: (p) Within six (6) months of approval of this grant, the Property Owner of the shopping center shall submit to the City for review and approval a parking management plan which encourages employees and patrons to utilize parking stalls located in the rear of the shopping center. (q) Applicant shall instruct and enforce the parking of it's employees to the rear of the shopping center. (r) All previous conditions approved in Conditional Use Permit 87-002(1) not in conflict with the approval of this grant shall remain in full force and effect. (s) If remediation of the groundwater or soil becomes necessary for the project site, the Property Owner shall cooperate with the neighboring property owner and initiate the remediation process in conjunction with the issuance of a building permit for the restaurant. For the remediation process, the Applicant and Property Owner shall comply with all State and Federal laws and standards administered by the California Regional Water Quality Control Board (CRWQCB) and the City in regard to any necessary remediation at the project site. Additionally, the Property Owner shall file with the City quarterly reports which are required for CRWQCB. (t) Applicant shall provide verification in writing from Southern California Edison Company permitting construction of permanent structures within the Edison easement prior to the issuance of building permit. (u) Applicant shall obtain all required permits of the operation of the restaurant from South Coast Air Quality Management District before the issuance of a Certificate of Occupancy from the City. (v) Applicant shall be prohibited from utilizing the drive -way located in the rear portion of Pad #15 for vehicle parking, loading and unloading supplies, and ingress and egress. (w) Applicant shall comply with the State handicapped and American Disabilities Act requirements. (x) Subject to the review and approval of the Building official, the Applicant shall provide a second rI exit from the lounge area. Within 60 days of approval of this resolution, the applicant shall submit a revised site plan for review and approval by the Building Official. (y) Applicant shall comply with all Planning, Zoning, Engineering, and Building and Safety requirements. (z) Applicant shall comply with any subsequent adopted Planned Sign Program for the retail shopping center. (aa) This grant is valid for one year and must be exercised (i.e. construction) within that period or this grant will expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date of this grant. (ab) This grant shall not be effective for any purpose until the Applicant and Property Owner involved (if other than the permittee) have filed at the City of Diamond Bar community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the Applicant pays remaining City processing fees. 6. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) This City Council hereby provides notice to Hamburger Hamlet, Landsing Pacific Fund, and Dr. and Mr. Ken Anderson that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of the California Code of Civil Procedures, Section 1094.6. (c) Forthwith transmit a certified copy of this Resolution, by certified mail, Paul Brockman, President, Hamburger Hamlet, 14156 Magnolia Blvd., Sherman Oaks, California, 91243, R. Mark Wyman, Executive Vice President, Landing Pacific Fund, 155 Bovet Road, Suite 101, San Mateo, CA 94402, and Dr. and Mr. Ken Anderson, 2628 Rising Star Drive, Diamond Bar, CA 91765. 8 APPROVED AND ADOPTED THIS THE 3RD DAY OF AUGUST, 1993, BY THE City Council OF THE CITY OF DIAMOND BAR. BY: MAYOR I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of City Council held on the 3rd day of August, 1993, by the following vote: AYES: [COUNCIL MEMBERS:] NOES: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] ABSTAIN: [COUNCIL MEMBERS:] ATTEST: Lynda Burgess, City Clerk E ENVIRONMENTAL CHECKLIST FORM Background: Request to construct a 6,756 square foot restaurant with a lounge and outdoor dining within an existing retail shopping center. 1. Name of Applicant: Hamburger Hamlet 2. Address and Phone Number of Proponent: 14156 Magnolia Blvd.. Sherman Oaks. CA 91423 (818) 995-7333 3. Name, Address and Phone of Project Contact: Sherrod Marshall, Architect 8425 W. Third St # 208, Los Angeles, CA 90048 (213) 655-0220 4. Date of Environmental Information Submittal: A,pri122, 1993 5. Date of Environmental Checklist Submittal: April 28, 1993 6. Lead Agency (Agency Required Checklist): City of Diamond Bar 7. Name of Proposal if applicable (Tract No. if Subdivision): Conditional Use Permit No. 91-12(1) and Development Review No. 93-02 8. Related Applications (under the authority of this environmental determination): None YES NO Variance: X Conditional Use Permit: X Zone Change: X General Plan Amendment: X (Attach Completed Environmental Information Form) H. Environmental impacts: (Explanations and additional information to supplement all "yes" and "possibly" answers are required to be submitted on attached sheets) YES NO POSSIBLY X 1. Earth. Will the proposal result in: X a. Unstable earth conditions or changes in patterns, or the rate and amount of surface geologic substructures? X b. Disruptions, displacements, compaction or Alterations of the course or flow of flood overcovering of the soil? X C. Change in topography or ground surface Changes in the amount of surface water in relief features? X d. The destruction, covering or modification Discharge into surface waters, or in any of any unique geologic or physical feature? X e. Any increase in wind or water erosion of including but not limited to dissolved soils, either on or off the site? X f. Changes in deposition, erosion of stream Alteration of the direction or rate of flow banks or land adjacent to standing water, of ground waters? changes in siltation, deposition or other processes which may modify the channel of constant or intermittently flowing water as well as the areas surrounding permanent or intermittent standing water? X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: X a. Substantial air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors? X C. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? 3. Water. Will the proposal result in: X a. Changes in currents or the course or direction of water movements? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface run-off? X C. Alterations of the course or flow of flood waters? x d. Changes in the amount of surface water in any body of water? X e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to dissolved oxygen and turbidity? X f. Alteration of the direction or rate of flow of ground waters? YES NO POSSIBLY X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X i. Exposure of people or property to water related hazards such as flooding? 4. Plant Life. Will the proposal result in: X a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? X b. Reduction in the numbers of any unique rare of endangered species of plants? X C. Reduction in the size of sensitive habitat areas or plant communities which are recognized as sensitive? X d. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X e. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: X a. Change in the diversity of species, or number of any species of animals (birds, land animals including reptiles, fish, and shellfish, benthic organisms and insects)? X b. Reduction in the numbers of nay unique rare or endangered species of animals? X C. Introduction of new species of animals into an area, or in a barrier to the normal migration or movement of resident species? X d. Reduction in size or deterioration in quality of existing fish or wildlife habitat? 6. Noise. Will the proposal result in: X a. Significant increases in existing noise levels? X b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal result in: X a. Significant new light and glare or contribute significantly to existing levels of light and glare? 8. Land Use. Will the proposal result in: X a. A substantial alteration of the present or planned land use in an area? YES NO POSSIBLY X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: X 1. Fire Protection? X 2. Police Protection? X 3. Schools? X 4. Parks or other recreational facilities? X 5. Maintenance of public facilities, including roads? X 6. Other governmental services? 9. Natural Resources. Will the proposal result in: X result in: a. An increase in the rate of use of any X a. Generation of Substantial natural resources? 10. Risk of Upset. Will the proposal result in: X b. Effects on existing parking a. A risk of an explosion or the release of demand for new parking? hazardous substances (including but not X C. Substantial impact on existing limited to, oil, pesticides, chemicals or transportation systems? radiation) in the event of an accident or d. Alterations to present patterns of upset condition? X people and b. Probable interference with an emergency goods. response plan or an emergency evacuation e. Alterations to waterborne, rail or air plan? traffic? 11. Population. Will the proposal: X a. Alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect: X a. Existing housing, or create a demand for additional housing? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: X 1. Fire Protection? X 2. Police Protection? X 3. Schools? X 4. Parks or other recreational facilities? X 5. Maintenance of public facilities, including roads? X 6. Other governmental services? 13. Transportation/Circulation. Will the proposal result in: X a. Generation of Substantial additional vehicular movement? X b. Effects on existing parking facilities or demand for new parking? X C. Substantial impact on existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and goods. X e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: X 1. Fire Protection? X 2. Police Protection? X 3. Schools? X 4. Parks or other recreational facilities? X 5. Maintenance of public facilities, including roads? X 6. Other governmental services? YES NO POSSIBLY 15. Energy. Will the proposal result in: X a. Use of substantial amounts of fuel or energy? X b. Substantial increase in demand upon existing energy sources or require the development of new sources of energy? 16. Utilities. Will the proposal result in: X a. A need for new systems, or Substantial alterations to public utilities? 17. Human Health. Will the proposal result in: X a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in: X a. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to the public view? 19. Recreation. Will the proposal result in: X a. An impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in: X a. The alteration of or the destruction of a prehistoric or historic archaeological site? X b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? X C. A physical change which would affect unique ethnic cultural values? X d. Restrictions on existing religious or sacred uses within the potential impact area. 21. Mandatory Findings of Significance? X a. Does the proposed project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate or significantly reduce a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? YES NO POSSIBLY X b. Does the proposed project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? X C. Does the proposed project pose impacts which are individually limited but cumulatively considerable? X d. Does the project pose environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. DISCUSSION OF ENVIRONMENTAL EVALUATION: (Attach Narrative) IV. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been incorporated into the proposed project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: April 28, 1993 Signature: Title: Planning Technician For the City of Diamond Bar, California MITIGATED NEGATIVE DECLARATION No. 93-6 April 28, 1993 Case Number: Conditional Use Permit No. 9112(1), Development Review No. 93-2 Applicant: Hamburger Hamlet 14156 Magnolia Blvd. Sherman Oaks, CA 91423 Proposal: Conditional Use Permit No. 91-12(1) is a request to amend Conditional Use Permit No. 91-12 which permits two uses, within an existing retail shopping center, on Pad 115 - a drive-thru restaurant and general retail shops to a restaurant use only. Development Review No. 93-2 is a request to construct a one story structure to be utilized as a restaurant (Hamburger Hamlet) with a lounge and patio dining in an existing retail shopping center. Location: Country Hills Towne Center 2757 So. Diamond Bar Blvd Diamond Bar, CA 91965 Environmental Findings: The proposed project, as determined in the City of Diamond Bar, could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on herein have been incorporated into the proposed project and a Mitigated Negative Declaration has been prepared. II. Discussion of Environmental Evaluation: Mitigated Negative Declaration Explanation to supplement "Yes" and "Possible" answers given in the Initial Study. Environmental Impacts: 2. Air. will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? Possibly. b. The creation of objectional odors? Possibly. Explanation• The broilers are utilized for cooking with an exhaust system that emits fumes into the air. Mitigation• Mitigation measures shall be based on requirements set forth by South Coast Air Quality Management District (SCAQMD) which includes precipitators and scrubbers. The required permits shall be obtained from SCAQMD and shall be a condition of approval. 7. Light and Glare. Will the proposal result in: a. Significant new light and glare or contribute significantly to existing levels of light and glare? Possibly. Explanation• The proposed lighting will consist of low voltage landscape lighting, exterior light fixtures and two freestanding light fixtures. Mitigation• The landscape lighting is low voltage and shielded to control glare. All exterior light fixtures are shielded to control glare and provide light for walk -way areas. Amendment - July 19, 1993 17. Human Health. Will the proposal result in: b. Exposure of people to potential health hazard (excluding mental health)? Possibly. Explanation• Northeast of the subject site, it has been determined that petroleum products have been deposited in the soil and the required remediation has been initiated. A series of investigations have been conducted to determine if there is a presence of petroleum products on the project site. Mitigation• The project site will be required to comply with all State and Federal law, CAlifornia Regional Water Quality Control Board (CRWQCB) and City standards. UI Y Ur U1Alvtvtvli bAK AGENDA REPORT AGENDA NO. 7.4 TO: Mayor and City Council MEETING DATE: August 3, 1993 REPORT DATE: July 30, 1993 FROM: Terrence L. Belanger, City Manager TITLE: Legal services re: Diamond Bar Associates, Inc., v. City of Diamond Bar, et al. SUMMARY: Diamond Bar Associates, Inc., filed an amended complaint to litigation that had previously been filed, in which it specifically named two City Council members. Pursuant to California Code Sections 825 and 995, the City may defend and indemnify City officials and public employees in litigation that arises from their duties as public officials and employees. RECOMMENDATION: It is recommended that the City Council, pursuant to California Code Sections 825 and 995, defend and indemnify Mayor Gary Miller and Mayor Pro Tem Phyllis Papen in litigation entitled, Diamond Bar Associates, Inc., v. City of Diamond Bar, et al. (Orange County Superior Court Case No. 71 16 84). It is further recommended that the law firm of Rutan and Tucker be retained to provide services to Mayor Gary Miller and that the law firm of Barbosa Garcia & Barnes be retained to provide services to Mayor Pro Tem Phyllis Papen. 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? 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? S. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Te rence L. Bela ger City Manager CgI►PV Qfl IlI-lIUAM l81l! AGENDA REPORT AGENDA NO. 2 TO: Terrence L. Belanger, City Manager MEETING DATE: August 3, 1993 REPORT DATE: July 22, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Golden Springs Drive Reconstruction/Rehabilitation Project Between Brea Canyon Road and Grand Avenue. SUMMARY: On June 15, 1993, the City Council authorized staff to advertise for bids for the Golden Springs Drive Reconstruction/Rehabilitation Project Between Brea Canyon Road and Grand Avenue. At this time, the City proposes to award a contract to the lowest responsible bidder. RECOMMENDATION: That the City Council award to and execute a contract with IPS Services, Inc. in the amount not -to -exceed $683,618.55 and provide a contingency of $68,000.00. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinances(s) X Other: Articles on rubberized asphalt. X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? _ 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: 1�4r41 Terrence L. Belang City Manager ITM 1816v ArL l_�6hlr AGENDA NO. MEETING DATE: August 3, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Golden Springs Drive Reconstruction/Rehabilitation Between Brea Canyon Road and Grand Avenue. ISSUE STATEMENT The City proposes to award a contract for the Golden Springs Drive Reconstruction/Rehabilitation Between Brea Canyon Road and Grand Avenue, to IPS Services, Inc., the lowest responsible and most qualified bidder. RECOMMENDATION It is recommended that the City Council award the proposed contract to IPS Services, Inc. for the Golden Springs Drive Reconstruction/ Rehabilitation Between Brea Canyon Road and Grand Avenue, in an amount not -to -exceed $683,618.55. Further, it is recommended that the Council authorize a contingency amount of $68,000 for project change orders to be approved by the City Manager. FINANCIAL SUMMARY This project will be funded by $530,000 Traffic Mitigation Fund, $154,000 Landscaping Assessment District 38 Fund, and $68,000 Gas Tax Fund. BACKGROUND On June 15, 1993, the City Council authorized staff to advertise and receive bids for the Golden Springs Drive Reconstruction/Rehabilitation Between Brea Canyon Road and Grand Avenue. In response to the advertisements, a total of twenty-three contractors obtained plans and specifications for the project. DISCUSSION Formal bids were received and opened on July 12, 1993 from eight (8) firms. The bid included conventional items plus alternate bid items for rubberized asphalt, curb and pavement markings. 1 Golden Springs Drive July 22, 1993 Page Two The bids received were as follows: COMPANY 1. A.L. Chavez Enterprises, Inc. 2. Griffith Company 3. Sully -Miller Contracting Co. 4. Boral Resources 5. Hillcrest Contracting, Inc. 6. IPS Services, Inc. 7. Excel Paving Company 8. Damon Construction Company BASE BID ALTERNATE "A" AMOUNT BID AMOUNT (rubberized asphalt & concrete Curb) $651,159.89 $661,678.31 $672,967.47 $679,341.96 $690,746.01 $694,092.07 $714,540.64 $841,084.43 $650,831.22- $471,461.18- $807,009.60 650,831.22' $471,461.18'$807,009.60 $865,912.40 $780,881.11 $683,618.55 $793,734.36 $785,933.82 ALTERNATE "B" BID AMOUNT (conventional asphalt & concrete curb) $687,371.59 $691.618.71 $733,657.47 $726,680.16 $723,923.21 $726,460.07 $764,508.74 $877,498.43 ' Both A.L. Chavez Enterprises, Inc. and Griffith Company have requested that their alternate bid for the rubberized asphalt be withdrawn due to a clerical computation error for the rubberized asphalt. Based on contacts made with other City's and the lack of experience on A.L. Chavez's part with larger projects on arterial streets, staff is recommending that Griffith Co. be selected if a conventional overlay is used. As part of the bid, staff included all improvements along Golden Springs Drive to restore the pavement section, add landscaped medians, and several bid alternatives. The bid alternatives included: • Curbing in the uncurbed areas adjacent to the golf course • Rubberized asphalt • Sidewalk adjacent to AQMD • Thermoplastic and raised pavement markers 2 Golden Springs Drive July 22, 1993 Page Three Based on the bids received, staff believes that the rubberized asphalt and concrete curb options should be selected. Asphalt -rubber is manufactured in specialized equipment in which the rubber (20-25% ground recycled tire rubber) and paving grade asphalt (75-80%) are blended and reacted by a time/temperature formula into a thick fluid. There have been a number of rubberized -asphalt projects around the county and in California that proved successful. There is evidence that such a mix can extend pavement life, provide a quieter riding surface, improve skid resistance, reduce pavement damage since the material helps seal water out of the base material and be of an environmental benefit. IPS Services, Inc., as presented in their bid proposal, will be utilizing L & W Engineering Construction, Inc. as the subcontractor for the rubberized asphalt work. Well known in the industry, L & W is one of the leading contractors in southern California in the area of asphalt -rubber hot mix application. LaBelle -Marvin, the City's pavement consultant, has indicated that the 2" asphalt -rubber hot mix with stress absorbing membrane interlayer (S.A.M.I.) is a viable alternative. The bid of $683,618.55 submitted by IPS Services, Inc., has been determined by staff to be the lowest responsible bid. This bid reflects street rehabilitation with AC rubber, striping, PCC curb and construction of landscaped median islands between 260 feet west of Adel Avenue and the SR 57 overpass. IPS's references have been contacted and staff has received a favorable response. IPS also completed the City's slurry seal project last year. If conventional asphalt concrete overlay method is being considered by the Council, it is recommended that the City Council award the contract to Griffith Company in the amount not -to -exceed $691,618.71 and provide a contingency of $69,000.00. It is, however, staff's opinion that the City utilize rubberized asphalt as the viable alternative for this project. The project will also prove as an excellent comparison to traditional processes used in the past. It should be noted that when comparing IPS's proposal for rubberized asphalt and Griffith's proposal for conventional asphalt concrete, a difference/cost savings of $8,000.16 can be realized if rubberized asphalt is utilized. Prepared By: David G. Liu 3 = M U) - c r. 70 "J +f <,p a 46, ti L rLO .: a i W �`��• - -t 'O CL Qi Vii' Ji W U Yr ;.: a) Fr 7 � L� it 13 cc 0 L �•C •s Ca on,y+ G > •y: A w L. 'O c0'6OO N N O N C aw O«O"'-L" O �".. �� p .0 "cc) U O 0. a 4, 3 ayi=.0ww wwp�Z m L U V a f., .... 'L3 E� ;: . y cd 4V- s^ rw„ y 00 ^ N :.� a L C w L �^ C V w a co y y d O y VyC 0 0.c6 C d s W-. 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L t0 c0 ..+ W ,a w d T C as V�cON�a� VaTUE _.-- Lu �+ POC.w p�E� c w.ra'cO�Lf�d U.]W7 _ V IJV Careers ..... ..................D-2 Business travelvel..................D-3 Blade -Citizen c c c Weekly stocks...................D-4 Sunday, July 19, 1992 RecyclingIdtires o in'to r Asphalt-rubber process uses 7,000 old tires in Oceanside By Thomas I Morrow Business Editor Like anything else in .American society. no one in government really begins to get concerned until the problem is almost unmanageable. Take scrap tires. for exam- ple— they're accumulating at the rate of 280 million each year. What to do with them" Grind them up and mix the rubber with asphalt for paving streets. roads and high- ways. A street resurfacing project currentl,: under way in the city of Oceanside is utilir ing more than ..000 whole scrap tires weighing some X tons. If placed in a land. fill, those 7.000 tires would occupy some 539.5 cubic yards of space if boned whole. The problem is that landfill operators, for the most part. have stopped taking scrap tires for numerous reasons. Environmentalists are at the forefront of the scrap tire problem with some alarm ing statistics. Throughout North America. huge scrap tire heaps are building a num- ber of them in California. including the San Marcos landfill. One of the big haz. ards, of course. is fire. which can burn out of control for months. even years. A Winch- ester. Va.. tire yard burned for more than seven months. A large tire dump in Canada has been smoldering for the past five years. There were 176 such tire fires in the United States between 1971 and 1988, with an average of about 10 fires yearly. The federal Environmental Protection Agency estimates that the 2B0 million scrap tires currently accumulating are simply being piled on top of some 2 billion to 3 billion old tires already poisoning our landscape. Only 6 percent of our scrap tires are currently being recycled. Must old tires, about 78 percent. end up in landfills or are stockpiled. At the San Marcos landfill. old tires are currently shredded and placed in a separate area. stockpiling it for future use such as the asphalt -rubber paving pro- cess. But, according to Debbie Castillo. a spokesperson for the landfill. that program is coming to an end, and a new contractor to haul the scrap tires away is being sought. " We're looking for a new contractor that will come and pick up all of the tires and take them away -for recycling." said Castillo. "The new contractor will have to prove that they' are recycling the tires." Castillo said no figures are. currently being kept on how many scrap tires are coming into the San Marcos landfill on a Stott Photo I Tom r/arraw Rap. Ron Packard talks to paving worker. Than era 41 million scrap tires in this Northam California landfill just waiting for paving contractors to recycle them into paving. daily or weekly basis. but the Puente Hills Landfill of Hacienda Heights in the San Gabriel Valley. some 75 miles north of Oceanside. is currently taking in about 75 tons of scrap tires daily. Like Oceanside. govemments across the nation are beginning to realize the poten- tial of asphalt -rubber paving — particular. ly the federal government. A bill written by U.S. Sen. John H. Chafee. R-R.l., one of the nation's leading environmentalists. became law last year requiring all states accepting federal highway funds in 1994 to use old tires in 5 percent of its contracts. Interestingly enough, when the bill got to the House of Representatives. a number of industry spokespeople were concerned about the wording of Chafee's bill concern- ing whether the process would work North County's congressman. Rep. Ron Packard. R -Oceanside. who is a senior member of the House Highways and Transportation Committee, was able to add significantly to the bill before it passed. "Congressman Packard was able to get some important wording into the law that would allow the percentage of the rubber mixture to be at an amount where the pro- cess would work at its maximum." explained Eric D. Nielsen, area manager for Manhole Adjusting Inc. "The main Workers apply asphalt-rubba paving to Plan Boulevard In Oceanside's Tri -City area. focus of Sen. Chafee's bill was correct, but it wasn't specific enough to make the for- mula work properly'." Manhole Adjusting, a Monterey Park > See Tires, Page 112 s D-2 Blade -Citizen Tires >-From Page D-1 paving company, one of only five firms in the United States licensed to make the asphalt -rubber pro- cess, is the contractor for the Oceanside street project, which began July 1. "By using recycled tires, the asphalt -rubber paving process costs about the same amount of money, but uses only half the amount o; asphalt as the traditional method, and it will last three times as long," said Nielsen. "When you consider that we're able to utilize scrap rubber in a process that will hold up for three times the length of time, the cost-effectiveness is obvious." Asphalt -rubber was invented 30 years ago by Charles H. McDonald, a chief research engineer for the city of Phoenix. He found the right temperature and recipe for mixing rubber with hot mix asphalt paving. And, watching the process at the temporary plant in east Oceanside. putting it all together is not unlike following a recipe for baking a cake — only this cake won't fall when it cools, and it holds up in extreme temperatures. So why haven't governments been using this process since it was conceived back in the 1960s? "Well, like anything else, it took about 15 years just to test to see if it really would hold up," Nielsen explained. "But, more importantly, we didn't have the problem of so many scrap tires back in those days, so no one was worrying about what to do with them. Now, it's at a crisis level, and this is just one solution of getting rid of them in a useful way." Earlier this month, the county of San Diego's Department of Public Works announced it would begin mixing rubber from ground -up recycled tires with asphalt to see how the road material wears. It's a pilot program to test the durability of the new mixture. according to county officials. Daley Construction will lay about three miles of the rubber Sunday, July 19, 1992 mixture on roads in the Ramona area this summer. But Oceanside appar4ptly is tak- ing its lead from a positive 15 -year study by the California Department of Transportation. State studies were made on test -road projects that were paved between 1978 and 1990. In fact, the process has been used and tested by various cities and counties throughout California since 1969. In February of this year, Cal- trans' Division of New Technology, Materials and Research, became the first state agency in the nation to issue definitive design guide- lines for the routine use of asphalt - rubber hot mix. The federal High- way Administration has approved the Caltrans guidelines, setting forth a five-step procedure for determining the appropriate reduc- tions in thicknesses of asphalt -rub- ber. Because contractors using asphalt -rubber don't have to lay down nearly as thick a layer of paving on road surfaces, work can be accomplished in a fraction of the time. Plaza Boulevard in east Ocean- side was one of the streets receiv- ing the asphalt -rubber paving this week, from College Boulevard to Emerald. Nielsen said to re -pave that street in the traditional method would take about two weeks. Manhole Adjusting did the entire job in two days. "And, that job will hold up three times as long as the old method," he added. As revolutionary and convincing as the process seems, Nielsen said a number of contractors are fight- ing using the process because it means the roads hold up longer — longer periods between re -paving — and that means less work But the method appears to be great news for financially strapped governments and even better news for landfill operators and environ- mentalists. The process is in use in 45 states and 10 foreign countries. With a mix of 20 percent to 25 per- cent recycled rubber along with 75 percent to 80 percent asphalt, there is a seemingly unlimited supply of material to keep the process going and our roads in better condition at less cost to the taxpayer. KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and the City Attorney, by and between IPS Services, Inc. hereinafter referred to as the" CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the City's request for proposals, bids were received, opened and declared; and WHEREAS, City did accept the bid of Contractor IPS Services, 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 the Golden Springs Drive Reconstruction/Rehabilitation Between Brea Canyon Road and Grand Avenue in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Golden Springs Drive Reconstruction/ Rehabilitation Between Brea Canyon Road and Grand Avenue. Said work to be performed in accordance with specifications and standards on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 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, 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. 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 1 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 sixty (60) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of five -hundred ($500.00) 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 consitute 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 accord- ance 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 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 sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 2 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. K 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 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. The Contractor shall forfeit, at penalty to City, not more than twenty-five dollars ($25.00) 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 pre- vailing 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 4 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. 5 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 sub- contractor 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 sub- contractor 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. 8. 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 account- able 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 mis- conduct of City, its employees, servants or independent contrac- tors 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 pro- vided 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: 0 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 Contractor's Proposal dated July 9, 1993. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written 'gNotice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such F termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 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. 421528 IPS Services. Inc. P.O. Box 10458 San Bernardino, CA 92423-0458 Date By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: MAYOR By: CITY CLERK Date Contractor's Business Phone (909) 794-2101 Emergency Phone at which Contractor can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date 8 CITY OF DIAMOND RAR AGENDA REPORT AGENDA NO. '� / TO: Terrance L. Belanger MEETING DATE: August 3, 1993 REPORT DATE: July 30, 1993 FROM: Bob Rose, Community Services Director TITLE: Resolution No. XX approving the specifications for Weed Abatement/Sidewalk and Parkway Maintenance. SUMMARY: Weed Abatement/Sidewalk and Parkway Maintenance is currently provided by Los Angeles County. Due to budget reductions and hiring freezes in the County, weed abatement services provided by the County, and paid for by the City of Diamond Bar, have been unsatisfactory. The attached Bid Specifications are intended to secure a contractor to provide weed abastement and related services for the City of Diamond Bar in a satisfactory and cost effective manner. RECOMMENDATION: Adopt Resolution No. XX approving the specifications for Weed Abatement/Sidewalk and Parkway Maintenance and direct the City Clerk to advertise for and receive bids. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notifiction X Resolution(s) X Bid Specification (on file in City Clerk's Office) _ Ordinance(s) _ Other: X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes xx No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes xx No 4. Has the report been reviewed by a Commission? _ Yes xx No Which Commission? _ 5. Are other departments affected by the report? xx Yes No Report discussed with the following affected departments: _ Public Works REVIEWED BY: "'l, A 'C, Terrence L. Bel ang City Manager Bob Rose Community Services Director eery C"I TNCTT_ up-pn12►r AGENDA NO. MEETING DATE: August 3, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. XX approving the specifications for Weed Abatement/Sidewalk and Parkway Maintenance ISSUE STATEMENT The City of Diamond Bar currently has an agreement with Los Angeles County to provide for Weed Abatement/Sidewalk and Parkway Maintenance. Due to budget cut-backs and hiring freezes, Los Angeles County is doing an unsatisfactory job. The attached bid specifications are intended to secure a contractor to provide weed abatement and related services to the City of Diamond Bar in a satisfactory and cost effective manner. RECOMMENDATION Adopt Resolution No.XX approving the specifications for Weed Abatement/ Sidewalk and Parkway Maintenance and direct the City Clerk to advertise for and receive bids. FINANCIAL SUMMARY The City of Diamond Bar paid Los Angeles County $145,262 for weed abatement during the 1992/93 fiscal year. It has been estimated that a private contractor can do the work for about $60,000. The budgeted amount for fiscal year 1993/94 for weed abatement is $60,000. BACKGROUND Weed abatement/sidewalk and parkway maintenance is currently provided by Los Angeles County Public Works Department. Due to budget cut-backs and hiring freezes in the County, weed abatement services provided to the City of Diamond have been adversely affected, even though the City pays all costs related to this service. In 1992/93, the City paid $145,262 to Los Angeles County for weed abatement/sidewalk and parkway maintenance. The expectation was for the County to complete each cycle (clearing each assigned location throughout Diamond Bar) every six weeks. It is now taking from three to four months to complete a cycle, and much of the work is done by contact chemical (ie: Roundup) . Weeds as high as two to three feet have been sprayed and left to die, but are still standing for later removal. Sweeping of sidewalks and clearing of low hanging tree branches are not done when weed abatement is accomplished by contact chemical. This lack of service has resulted in an unsatisfactory appearance of Diamond Bar's sidewalks and parkways. 1 DISCUSSION The attached bid specifications for weed abatement/ sidewalk and parkway maintenance seeks a contractor to provide service on a cycle of once every month. Service is provided primarily on major arterials, but is also provided in residential areas where undeveloped parcels are adjacent to the public right-of-way. Service is provided only on the public right-of-way, which includes the sidewalks, tree wells and parkways of service areas. Some asphalt and undeveloped medians are also serviced. Service includes the following: a. Weed abatement b. Sweeping of sidewalks and debris removal C. Cleaning of tree wells and properly aligning tree well covers d. Re -staking and straightening of parkway trees e. Clearing low hanging branches and vegetation that creates obstructions in the public right-of-way Service breakdown is as follows: a. Tree wells - 1,436 b. Sidewalks - 38.1 miles C. Undeveloped parkways - 16.9 miles d. Service medians - 10,440 linear feet e. Cul-de-sacs with adjacent undeveloped parcels - 4 Service is provided on a portion, or the entire length of the following streets. Armitos Beaverhead Brea Canyon Cut-off Brea Canyon Road Chino Avenue Chino Hills Parkway Carpio Castle Rock Cold Springs Cromarty Drive Diamond Bar Blvd. Fallow Field Golden Prados Golden Springs/Colima Gold Rush Grand Prepared By: High Crest Drive Lemon Pasadro Drive Pathfinder Prospectors Radbury Place Steep Canyon Road Sunset Crossing Temple Tin Drive Torito Lane Villa Sorrella Washington Bob Rose, Director of Community Services 2 CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE IN THE CITY OF DIAMOND BAR The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said City, until 11:00 a.m. on Thursday, September 9, 1993, sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR Gary Miller, Mayor Phyllis Papen, Mayor Pro Tem John Forbing, Councilmember Dexter Mc Bride, Councilmember Gary Werner, Councilmember Terry Belanger, City Manager Bob Rose, Director of Community Services TABLE OF CONTENTS NOTICE INVITING SEALED BIDS INFORMATIN FOR BIDDERS BIDDER'S PROPOSAL CONTRACTOR'S INDUSTRIAL SAFETY RECORD LIST OF SYMBOLS AND ABBREVIATIONS SUBCONTRACTOR'S LIST NONCOLLUSION AFFIDAVIT FAITHFUL PERFORMANCE BOND LABOR AND MATERIAL BOND BIDDER'S BOND AGREEMENT GENERAL PROVISIONS SPECIAL PROVISIONS BID SHEET 1-7 8-13 14 15 16 17 18 19 20 21 22-30 GP -1 - GP -7 SP -1 BS -1 SPECIFICATIONS FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE IN THE CITY OF DIAMOND BAR RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for weed abatement/sidewalk and parkway maintenance. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 11:00 o'clock A.M. on the 9th day of September, 1993, sealed bids or proposals for weed control/sidewalk and parkway maintenance. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 East Copley Drive, Diamond Bar, California. 1 Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Weed Abatement/Sidewalk and Parkway Maintenance." 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 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 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. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than twenty-five dollars ($25.00) 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. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in 00 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 Sections 1777.5 and 1777.6 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 apprenticable 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 contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public 3 works_ site are making such contributions. The Contractor and subcontractor under him shall comply With the requirements of Sections 11777.5 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. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed int he execution of this contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as 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 the City of Diamond Bar, not more than fifty dollars ($50.00) 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 eights (8) hours in violation of said Labor Code. 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. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (lo%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is warded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar for an amount equal to at least ten percent (lot) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is warded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the'second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be fifty percent (50%) of the annual contract price thereof, and an additional bond in an amount equal to twenty-five (25%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work s contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. A C-27 license is required. The work is to be done in accordance with the profiles, plans, and specifications of the City of diamond Bar on file in the office of the City Clerk at the City hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $5.00, said 5.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by Payment stipulated above, together with an additional nonreimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. 6 PASSED, APPROVED AND ADOPTED , 1993. 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 following Roll Call vote: AYES: NOES: ABSENT: ABSTAINED: COUNCILMEMBERS - COUNCILMEMBERS - COUNCILMEMBERS - COUNCILMEMBERS - 7 1993, by the LYNDA BURGESS, City Clerk City of Diamond Bar INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1988 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount annual named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the Owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS.• In case of discrepancy between words and figures, the words shall prMN. If the amounts bid on individual items ('d called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total ilpae shown. The estimated quantities and amounts are for the purpose of comparison of buds only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. Page 8 s• BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. s. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall be allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor In full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 With respect to any property damage aforesaid. The City shall be named a Co-insured regardless of fault. Page 9 The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirementsunder the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duty issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the goveff" board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or Combination of altemates. 13. COMPETENCY OF BIDDERS. In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. Page 10 14• LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code). Forms for this purpose are furnished with the contract documents. 15. WORKERS COMPENSATION• In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which require 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." 16. BID DEPOSIT RETURN: Deposits of the three le -west bidders, the number being at the discretion of the Owner, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein Provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 18. 110R MOUgall: Pursuant to Article 5, Chapter 3, Part 1, Division 2 (commencing at 3400) Public Contract Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APP NTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements said sections in the employment of apprentices; Page 11 however, the contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. 20. EVIDENCE OF RESPONSIBILITY• Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, twenty-five dollars ($25) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the Office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. NO REFUND FOR DRAWINGS AND,SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the Ci Bar. ty of Diamond 23. AWARD OF CONTRACT• The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. 24. QUANTITIES: The quantity of work for the unit price items to be done under the contract,'as noted in the Schedule of Prices, is an estimate and is not to be taken an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease 'or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done of for work decreased or eliminated by the City of Diamond Bar. Page 12 25. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon Presentation of a written request to the City's Engineer signed by an authorized representative of the bidder or by the person filing the bid. 26• INVALID PROPOSALS: Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City Of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 27. ALTERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 28. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality of defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 29• BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is note entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price', the unit price shall be that which is derived by dividing the total amount bid for the item by the number Of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 30. ADDENDA TO CONTRA T DOCUxz-. 5: The Engineer time, issue addenda to the contract documents duringay, from period of om time to advertising. The addenda will be sent to the address the purchaser Of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. Page 13 If an individual, so state. If a firm cr co -partnership, state the firm name and give names of all composing the firm. individual co-partners If a corporation, state legal name of corporation, also names of President Manager thereof. , Secretary, Treasurer, and Dated: Dated: 01 19 Contractor's License No. Contractor's License Expiration Date Business Address By: By: By: I declare under penalty of perjury of the laws of the State of California that the representations made herein are true and correct in accordance' with the re Business and professions Code Section 7029.15. " of California Contractor's Authorized Signature 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ft" U= �. au &M This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder partici- pated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partner- ship, joint venture, corporation or individual bidder. The bidder may attach any additional infor- mation or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. 1989 1990 1991 1992 Told CWrew Year 1. No. oc coaaacr 2. Tow dollar avast at a�saaae (in dwmm& of lh 3. No. atbalm= 4. No. at lar weekdsr osus 3. No. of lar week day otan WWWft Pmeasest tauter b aaoaw io! or WMWMtloaof Mp "U"t. 6.• No. or last Wo bft TM i MINioa ngaiwd Qor tetra istm is tb s as eegsind far cdom 3 to 6. Cade 106 000spnbad Wmk% seruaerr O=vPdNM WN" sed WUNK OBRA Ns.10L The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. Name of Bidder (print) Signature Address State Contractors' Lia No. dt Classification City Zip Code Telephone 15 The definitions of the symbols and abbreviations used in the Schedule of Prices are as follows Ave. & Avenue LF Linear Feet AC And Asphaltic Concrete LS Mod. Lump Sum Blvd. Boulevard MH Modified Manhole CAB Crushed Aggregate Base I Number CB Conc. Catch Basin No. Number Concrete NRCP Nonreinforced concrete Conn. Connector or Connection Pvmt. pipe Pavement Const. CIP Construct Perm. Surt. Permanent Surfacing CSP Cast Iron Pipe Corrugated Steel Pipe PCC RC Portland Cement Ono CY Cubic Yard RCB Reinforced Concrete D D -load of pipe RCP Reinforced Concrete Box Dia. Diameter Reconn. ReiftmedCorxretePipe Reconnect Dbl. D`^ Double Reconst. Reconstruct y. EA Driveway Reinf. Reinforcingor reinforced ELC Each Electrolier Lighting Restor. Resurf. Restoration. Conduit Resurfacing Excay. Excavation Rd. Road Ex. or Exist. Existing Sched. Schedule Fur. & Pl. Feet Furnish and place SD Sec. Stone Drain Section Ga. Galy. Gauge SF. Square Feet Gr. Galvanized Spec. Special H Grate SS Sanitary Sewer High or height Sta. Station HC House connection St. Street Improv. 0 sewer Improvements Struct. Trans. structure Transttlon JS Inc hes TS Transfion Structure Junc*m Structure Var. Variable Lb, LD Pounds VCP VitrMed Clay Pipe Local Depression W Wide or Width 16 SUBCONTRACTORS LIST In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. Name under which Sub- Ucense Address of Office, Specific Description contractor is licensed Number Mill or Shop of Sub -contract work & portion of the Work M the bidder fait to qNtdy a subaarwamin r fw any pardon of the work, ft biddw agraee to perforin the work wM his own crews. (AltwnWva subemNOMw far In sante work are proftIN -1 by proviaiane of tM C 1Nomia Govemrnertt Coda.) Dated Bidder Signature Signature 17 NONCOLLUSION AFFIDAVIT State of California ss. County of deposes and says that he or she is being first duly sworn, of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company,association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or any else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bids are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature STATE OF CALIFORNIA ) ss. COUNTY OF ) II Subscribed and sworn to before me this day of 19 Notary Public in and for the County of , State of California. My Commission expires , 19 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound CALIFORNIA hereinafter referred to as lawful money of the United States of which sum, will and truly to be made, and several firmly by these presents. unto the CITY OF DIAMOND BAR, the "City", in the sum of _ Dollars ($ ) America, for the payment of we bind ourselves, jointly THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the Contract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obligee and judgement is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1993. PRINCIPAL SURETY BY: BY: (SEAL) 19 (SEAL) LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed Contract with said City for construction -of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor in said Contract, or sub- contractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said. Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said IN WITNESS NBEREOF, we have hereunto set our hands and seals this day of , 1993. PRINCIPAL SURETY BY: BY: (SEAL) 20 (SEAL) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as Principal, and as Surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the Principal above named, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on September 9, 1993, for Weed Abatement/Sidewalk and Parkway Maintenance. NOW, THEREFORE, If the aforesaid Principal is awarded the Contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgement is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , 1993 ( SEAL) PRINCIPAL SIGNATURE AND TITLE (SEAL) SURETY SIGNATURE AND TITLE 21 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 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 Weed Control/Sidewalk and Parkway Maintenance 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 provision of maintenance services as set forth in the specifications for Weed Control/Sidewalk and Parkway Maintenance 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 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. W, 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on October 1, 1993 for a period of twelve (12) months. b. The City shall have the option to extend this agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving the contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. 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 accord- ance 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." 23 b. For all operations of the Contractor or any sub- contractor 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." 24 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 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. 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 pre- vailing 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. 25 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. 26 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 sub- contractor 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 sub- contractor 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. 8. 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 account- able 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 mis- conduct of City, its employees, servants or independent contrac- tors 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 pro- vided 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: 27 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: Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. Conract Price•$ In the event the City exercises its option to extend the term of this Agreement as provided in paragraph 3.b., Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of living during the previous year. This will be accomplished by multiplying the current level of the contractor's compensation by the percentage of increase in the Consumer Price Index ("CPI") for the month 28 immediately preceding the Adjustment Date (the "Index Month") over the CPI for the month one year prior to the Index Month. The "CPI" index that will be used for this calculation is identified as the Los Angeles -Anaheim -Riverside Metropolitan area Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. W 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 By: Title APPROVED AS TO FORM: By: Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: City Clerk Date Contractor's Business Phone: Emergency Phone at which Contractor May be reached at any time: 99 GENERAL PROVISIONS 1. GENERAL CONDITIONS All work shall be done in accordance with the 1988 Edition and all supplements of the Standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. 2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS Section 2. Scone and Control of Work. Section 2_-1. Award and Execution of Contract is amended by the following (a) Examination of Plans Specifications Special Provisions and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished,.and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) Proposal Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21660 E. Copley Dr., Suite 100, Diamond Bar, California. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal is made by individual, his name and post office address must be shown. If made by a firm or partnership, the name and Post office of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. G. P. 1 (c) Rejection of Proposals Containing Alterations Erasures Irregularities: Proposals may be rejected if they show any alterations of form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. (d) Bidder's Guaranty: All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of said proposal, and no proposal shall be considered unless such cash, cashier's check, or bidder's bond in enclosed therewith. (e) Award of Contract: The award of the contract, if it be awarded, will be to the lowest responsible bidder. (f) Return of Bidder's Guarantees: Proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. Subsection 2-5.1. Plans and Specifications -General is amended by the addition of the following: An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Subsection 2-9.5. Line and grade is amended by the addition of the following: (a) All surveying necessary and adequate for construction purposes will be done by the City Engineer or as modified in the Special Provisions. (b) The Contractor shall give two (2) working days notice, in writing, when theiservices of the City Engineer will be required for laying out any portion of the work, and he shall dig all holes necessary for line and grade stakes. The Contractor shall preserve all stakes set for the lines, grades or measurements of the work in their proper places until authorized to remove them by the City Engineer. Any expenses incurred in replacing said stakes that the Contractor may have failed to preserve shall be borne by the Contractor. (c) Grades for all pipelines will be set on the surface of the ground and the Contractor shall transfer them to the bottom of the trench. At no time shall less than three G. P. 2 (3) consecutive grade points be used in common so that any variation from a straight grade can be detected. Any such variation shall be reported to the City Engineer and in the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. (d) The Contractor shall preserve all bench marks, stakes and other survey marks, and incase of their removal or destruction by his own employees or by his subcontractor's employees, he shall be liable for the cost of their replacement. Section 4. Control of Materials Subsection 4-1.3 is modified to delete the requirement for inspection at the source of asphaltic concrete. Section 5. Utilities. This section is modified by addition of the following subsections. Subsection 5-1. Location This section is amended by addition of the following: The Contractor shall notify Underground Service Alert (USA) at 1- 800-422-4133 two working days prior to the start of any boring or excavating operations. The Contractor shall notify the owners of all utilities 48 hours before start of construction. The utility owners listed may be contacted as indicated: Utility Owner Identification Utility owners who may have facilities which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. ii Pomona, California 91766 (714) 865-3307 Southern California Edison company 800 West Cienega San Dimas, California 91773 (714) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (714) 595-7554 G. P. 3 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, California 91745 (714) 394-4327 Underground Service Alert 1 (800) 422-4133 Subsection 5-2. Protection The Contractor is hereby alerted to the existence of all utility lines shown on the plans. The Contractor shall carefully protect all lines during the course of construction. The Contractor is cautioned to protect existing utilities and their appurtenances which may be within the work area. Particular attention shall be given to water valves. Subsection 5-4. Relocations The City of Diamond Bar has water mains, valves, sprinkler electrical controls, services and meters within the project area which conflict with the new work. Much of the modification and/or relocation work will necessarily be done currently with Contractor's improvement operations. Therefore, Contractor will necessarily have to work around some City facilities and closely coordinate with the City. Section 6. Construction Schedule and Commencement of work is amended by the addition of the following: Prior to commencing construction the contractor shall submit for approval a construction schedule. Section 7. Responsibilities of the Contractor in Conduct of His Work. Section 7-2 Labor amendedilby the addition of the following Labor Discrimination. No discrimination shall be made in the employment of such 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 Chapter 11 or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. G•. P . 4 Subsection 7-3.1. Contractor`s Responsibility for work Until acceptance of the work in writing by the City of Diamond Bar, the contractor shall have the charge and care of the work site at all times and shall bear the risk of injury or damage to any part thereof by the action of the elements or from the any other cause, whether arising from the execution or from the non execution of work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. - The City of Diamond Bar permits stockpiling of excavation material and/or construction material only in an authorized location. This requirement also applies to the location of a material and equipment yard and a construction office. All existing improvements (except utilities) which are removed or damaged during the course of construction of the project shall be restored to a condition equal to or better than, in all respects, the existing improvements removed or damaged unless otherwise specified or noted on the drawings. Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. Subsection 7-4.1 Duration of Contract A The Contractor shall begin work on or before the date of a written "Notice to Proceed", which shall be not later than 20 calendar days after execution of contract, and shall complete the entire work within sixty (60) calendar days. Subsection 7-10.1, Traf ir-and Access is amended by addition of the following: It No public street, or portion thereof, may be closed to through traffic as part of this Contract. However, if, in the opinion of the Engineer, it is in the interest of the City of Diamond Bar to close the street, the contractor shall close the street as directed by the Engineer. Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or G. P. 5 damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Traffic Controls" shall be used for all traffic ccntrol on this project. Payment for this work shall be included in Bid items No. 1 (Irrigation System Installation).. Subsection 7-11 SHORING OF EXCAVATIONS Shoring of excavations is not generally required on this prcject, however, the City's Engineer may determine that shoring is required in portions of the construction area, due to the type of trench excavation proposed by the contractor. The City has performed no soil testing to determine precisely what areas, if any, will require shoring. Shoring of excavation if required shall be in accordance with the requirements of Subsection 306-1, as amended, of the Standard Specifications, and shall meet all requirements of the Construction Safety Orders of the Department of Industrial Relations, State of California and of OSHA. Approved protective fencing and barricading will also be provided by the Contractor as a part of this item. Prior to the excavation the Contractor shall obtain all permits required thereby. The Contractor shall conform to the Section 6424 of the California State Labor Code regarding shoring and bracing of excavations. Of special importance in this regard is the following extract from said section: "For the excavation of any trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of shorings, bracing, sloping or other provisions to be made for worker protection from hazard of caving ground duringii the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural enginter". Full compensation for conforming to the requirements of this section shall be included in other items of work involved and no additional compensation will be allowed. Section 9. Measurement and Payment G. P. 6 Subsection 9-3 is modified by addition of the following baracrrap s - The Contractor agrees that the payment of the amount under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work performed under the contract or any alterations thereof. Progress Payments. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (900) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. The Contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall it in any way govern the final estimate. Final Payments. After the completion of the contract, the Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall pay the Contractor an amount which, when added to the payments previously made and deductions allowable to the City, will equal ninety percent (90%) of the contract price. Thereafter the balance of the contract price remaining unpaid shall be paid 35 calendar days after the recording of a Notice of Completion by the City. The payment of the final amount due under the contract and the adjustment and payment for any work done in accordance with any alterations of the same shall release the City form any and all claims on account of the work performed under the contract or any alterations thereof. G. P. 7 WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE I. Overview It is the policy of the City Council of the City of Diamond Bar to maintain clean sidewalk and parkway areas that are free of weeds and obstructions along the major arterial roadways. Sidewalks are to be swept clean, with overhead and adjacent tree branches and bushes removed at least once a month. Weeds and other forms of unwanted vegetation growth shall be removed each month with no weeds in excess of six (6) inches in height allowed to exist. Treewell covers shall be at grade with existing sidewalk, with all weeds and suckers removed. Missing tree stakes shall be replaced and parkway trees kept in a straight vertical position. The City also maintains undeveloped and asphalt service medians, several cul-de-sacs and undeveloped parkways. II. Scope of Work 1. Treewells - Maintain 1,436 treewells monthly per the following: a. Remove weeds and suckers. b. Re -align treewell covers to eliminate differences in grade between treewell cover and adjacent sidewalk. C. Replace missing and damaged tree stakes to insure straight, vertical growth of immature trees (Materials and specifications shall be provided by City). d. Replace missing or damaged treewell covers with treewell covers provided by the City. 2. Sidewalks - Maintain 38.1 miles of sidewalks monthly per the following: a. Sweep sidewalk areas to remove litter and debris. b. Remove overhead obstructions to a height of at least seven (7) feet. C. Cut back growth adjacent to sidewalk that obstructs the sidewalk. d. Remove all weeds growing from cracks and expansion joints. 3. Undeveloped Parkways - Maintain 16.9 miles of undeveloped parkway monthly per the following: a. Remove weeds, litter and debris b. Remove overhead obstructions to a height of at least seven (7) feet. C. Cut back all unwanted vegetation in public right- of-way. ight- of-way. Note: Contractor shall apply a pre-emergent/soil sterilant (i.e. Oust) annually (January/February) to undeveloped parkways to limit the amount of unwanted vegetation growth during the warm weather months. 4. Service Medians - Maintain 10,440 linear feet (l.f.) of service medians (asphalt and undeveloped) monthly per the following: a. Remove weeds, litter and debris. b. Remove overhead obstructions to a height of at least seven (7) feet. SP -1 Note: Contractor shall apply a pre-emergent/soil sterilant (i.e. oust) annually (January/February) to undeveloped service medians to limit the amount of unwanted vegetation growth during the warm weather months. 5. Cul -de -Sacs - Maintain 4 Cul-de-sacs monthly per the following: a. Sweep sidewalk areas to remove litter and debris. b. Remove overhead obstructions to a height of at least seven (7) feet. C. Cut back growth adjacent to sidewalk that obstructs the sidewalk. d. Remove all weeds growing from cracks and expansion joints. e. Cut back all unwanted vegetation in public right- of-way. Note: Contractor shall apply a pre-emergent/soil sterilant (i.e. Oust) annually (January/February) to undeveloped areas in public right of way of cul-de-sac to limit unwanted vegetation growth during warm weather months. 6. Use of Contact Chemicals - To insure that weeds do not grow beyond six (6) inches high in the service area, Contractor may apply a contact chemical (i.e. Roundup) to unwanted vegetation prior to its reaching six (6) inches in height. Sprayed vegetation must be removed within 30 days of being sprayed. At no time shall unwanted vegetation over six (6) inches in height be allowed to exist in the public right-of-way. 7. Staking and Tying a. Replacement of missing or damaged stakes where the tree diameter is less than three (3) inches. b. Stake in those cases where tree has been damaged and requires staking for support. C. Stake new trees or recently planted trees which have not; previously been staked. d. Materials 1. Tree stakes, two (2) per tree, shall be pentachlorophenol treated lodge pole pine not less than eight (8) feet in length for five (5) gallon size trees and not less than ten(10) feet for fifteen (15) gallon trees. 2. Guy wires where required and plant ties will be of pliable, zinc -coated ten (10) gauge using two (2) ties per tree. 3. Hose for covering wire shall be either new or used garden hose at least one-half (1/2) inch in diameter (hose ties should allow for minimum of three (3) additional inches of clearance beyond the diameter of the branch or trunk being secured). 4. Stakes will not be placed closer than eight (8) inches from the bark. 8. Use of Chemicals a. All work involving the use of chemicals shall be in compliance with all Federal, State, and local laws and will be accomplished by or under the SP -2 direction of a State of California Licensed Pest Control operator. A written recommundaLlui, Lr a person possessing a valid California Pest Control Advisor License is required prior to chemical application. b. A listing of proposed chemicals to be used including commercial name, application rates and type of usage shall be submitted to the Director of community Services (Director) for approval at the commencement of the contract. No work shall begin until written approval of use is obtained from the Director. C. Chemicals shall only be applied by those persons possessing a valid California Pest Control Applicator's license. Application shall be in strict accordance with all governing regulations. d. Records of all operations, starting dates, times, methods of application, chemical formulations, applicator's names and weather conditions shall be made and retained in an active file for a minimum of three (3) years. e. All chemicals requiring a special permit for use must be registered with the County Agricultural Commissioner's office and a permit obtained with a copy to the City of Diamond Bar. f. All regulations and safety precautions listed in the "Pesticide Information and Safety Manual" published by the University of California shall be adhered to. g. Chemicals shall be applied when air currents are still; preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the area of application. II. Administrative Requirements 1. The service area shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials. 2. Contractor shall provide the labor, materials, and equipment necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained with nothing but the highest of standards at no less than the frequencies set forth herein. 3. The Contractor shall maintain an office at some fixed place located in the Los Angeles Metropolitan Area and shall maintain a telephone thereat, listed in the telephone directory in its own name or in the firm name by which it is most commonly known and shall, during the daily hours of maintenance operation have some responsible person(s) reachable 24 hours a day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of any complaint within (1) hour of receipt of such complaint bye answering service. During normal SP -3 working hours, the contractor's Foreman or employee of the Contractor, who is responsible fur proV1din4 maintenance services shall be available for notification through radio communication. 4. The Contractor shall maintain a written log of all complaints, the date and time thereof and the action Taken pursuant thereto or the reason for non -action. the log complaints shall be open to the inspection of the Director at all reasonable times. 5. All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the Director. If any complaint is not abated within 24 hours, the Director shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director within (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director , the Director may correct the specific complaint and the total cost incurred by the City will be deducted and forfeit from the payments owing to the Contractor from the City. 6. Contractor agrees to perform all work outlined in this Agreement in such a manner as to meet all accepted standards for safe practices during the maintenance operation ; and agrees additionally to accept sole responsibility for, complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable O.S.H.A. and CAL O.S.H.A. Safety Orders at all times so as to protect all persons, including Contractors employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. 7. Per State of California Labor Code, Contractor is directed to the following prescribed requirement with respect to the hours of employment. Eight (8) hours of labor under this Agreement shall constitute a legal day's work and said contractor shall not require or permit any laborer, worker or mechanic, or any subcontractor employed by him to perform any of the work described herein to Labor more than eight (8) hours during any one day or more than forty (40) hours during any one calendar week, except as authorized by Labor Code Section 1815, under penalty of paying to the City the sum of Twenty-five Dollars ($25.00) for each laborer, worker or mechanic employed in the execution of said Agreement by him, or any subcontractor under him, upon any of the work included in said Agreement for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, in violation of the provisions of Section 1811 to 1815, inclusive, of the Labor Code of the State of California. 8. The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications SP -4 set forth herein. Contractor's employees shall include at least one individual who speaks the English language proficiently. 9. Contractor shall transfer or discharge any employee whose conduct or activity shall, in the reasonable exercise of discretion by the Director, be deemed detrimental to the interest of the public patronizing the premises. Contractor shall transfer or discharge any such person within a reasonable time following notice therefore from the Director and such person shall not be employed on any City property maintained by the Contractor. 10. Director may require the Contractor to establish an identification system for personnel assigned to the facility which clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director. 11. The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times and buttoned. 12. Contractor shall not post signs or advertising matter upon the premises or improvements thereon, unless prior approval therefor is obtained from the Director. 13. Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. SP -5 IV. Service Area 1. Service Area is located on the following streets per the attached maps: Armitos Beaverhead Brea Canyon Cut Off Brea Canyon Road Carpio Castle Rock Chino Avenue Chino Hills Parkway Cold Springs Cromarty Dr. Diamond Bar Boulevard Fallowfield Golden Prados Golden .Springs/Colima Gold Rush Grand High Crest Dr. Lemon Pasado Drive Pathfinder Prospectors Radbury Place Steep Canyon Road Sunset Crossing Temple Tin Drive Torito Lane Villa Sorella Washington SP -6 2. Service Area Maps - Following twenty six (26) pages. SP -7 CIC -AQ %N/ A RGA • 3�,a S Ij C�± W4ii- � o W • Ro, SIM wAZ- 1'E CYT Yell its t� LOS ANGELES COUNTY DEPARTMENT Of PUBLIC WORKS RQAO �C'? Q9D-6 **AWN e• sMseKao et astewNIp "No4ts &r Ap"evts •' , wN� M* i$= • 39 OATSI OATS . BATS OATe 65 .. 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YO r 4* r �w rr ,i — - se _ - RtjA -� -- SEE# (00 el�jS cPO A-, C. las ANGELES COUN Y DEPARTMENT Of PUBLIC WO -M -S Ot 919 C2 on woo OT A"9CKED OT ROeMa+tMes� OT st CALAF OATt OATt RO atf M1t�r,� {p STANDAn DRAWING PORN &EO (o' Ger viep-jos t),-) p ; r�7-- u �j 'T•8- � ' 65 t I • V _ W se _ - RtjA -� -- SEE# (00 el�jS cPO A-, C. las ANGELES COUN Y DEPARTMENT Of PUBLIC WO -M -S Ot 919 C2 on woo OT A"9CKED OT ROeMa+tMes� OT st CALAF OATt OATt RO atf M1t�r,� {p STANDAn DRAWING PORN &EO (o' Ger viep-jos t),-) p ; r�7-- u �j 'T•8- � ' 65 t CITY OF. INDUSTRY .�..... .. .. . ;.. woo 00 4po*fOAIA sE E 4 4 9 —eo! 6ELE! COUVW oEPARVEM� Of Mud WORKS !" 97l D2 . . eAA.« e7 :MstKtt+ 11 Atte.eraMett• et AIM�It� .. Kau OAT .^J� *AT �� OATS y OATS ocNllRtv.1N1 • ".3.�. ;. ��Awo�Re owAw�w� re _ Op 4f-No p 04o 0Otlh Jr—Z� OF DIAMOND BAn IrIllno CITY OF DIAMOND BAR 21660 E. COPLEY DRIvh, SUITE 100 DIAMOND BAR, CA 91765 SPECIFICATIONS FOR WEED CONTROL/SIDEWALK AND PARKWAY MAINTENANCE Name of Bidder (Company) By (Name) (Title) Bidder's Address City zip Telephone # Fax # Date Item Description/ Unit Price Annual No. units (Once Per Month) Cost 1. Tree Well Maintenance 1,436 each x each x 12 mo.$ 2. Sidewalk Maintenance 38.1 miles x per mile x 12 mo.$ 3. Undeveloped Parkway 16.9 miles x per mile x 12 mo.$ 4. Service Medians 10,440 l.f.* x per l.f.* x 12 mo.$ 5. Cul -de -Sacs 4 each x each x 12 mo.$ *Linear Feet Total Annual Cost in Figures: Total Annual Cost in Words: SIGNATURE AND TITLE: The undersigned declares that he has read the terms and conditions for the goods and services listed herein and agrees to furnish to the City of Diamond Bar said requirements in strict conformity to the specifications thereto. Company Address By/Title (Authorized Signature) (Title) Fax # BS - 1 CCTV LIG tllbRAONI] KAR AGENDA REPORT AGENDA NO. 13 - TO: Terrence L. Belanger, City Manager PORT DATE: July 28, 1993 MEETING DATE: August 3, 1993 FROM: George A. Wentz, Director of Public Works TITLE: Consideration of an offer to purchase vacant land located at the southwest corner of Brea Canyon Road and Lycoming Street SUMMARY: The City of Diamond Bar received an offer from The Duze Company to purchase a narrow strip of land which is located on Brea Canyon Road south of Lycoming Street with the intention to provide additional parking. RECOMMENDATION: That the City Council approve the sale of the strip of the vacant land located at the southwest corner of Brea Canyon Road and Lycoming Street to The Duze Company for $10,000. LIST OF ATTACHMENTS:X Staff Report X Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other: Offer of Purchase 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: N/A REV D Y: Terre ce L. Belan JGeoe A.WeCity Manager for of Pu orks CITY COUNCIL REmKr AGENDA NO. MEETING DATE: August 3, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration located at the corner of Brea Canyon Road and Lycoming Street southwest ISSUE STATEMENT Approve the sale of Lycoming vacant strip eetland located corner of Brea Canyon Road and RECOMMENDATION That the City Council corner of approve Brea Canyon Road nand vacant Lycomingstrip located Street to The Duze the southwest Company for $10,000. FINANCIAL SUMMARY The Duze Company has offered the City of Diamond Bar $10,000 for the sale of the parcel located on Brea Canyon Road. BACKGROUND The City of Diamond Bar has received an offer from The Duze Company to purchase a strip of land located on Brea Canyon Road south of Lycoming Street. The strip begins at Lycoming Street and narrows to a point 257 feet south. The parcel is a vacant land and is currently used as part of the landscaping of that adjacent property (801 Brea Canyon Road). DISCUSSION In an appraisal conducted on December 30, 1992, the market value of the parcel of real property was $16,000. According to the appraiser, when location, size and dimension, adjacent considering the parcel's geographical properties, public utilities and their corresponding easements, and the limitations imposed by the above factors, the best use would be to sell the parcel to the adjacent property owner. Since the property is not buildable due to the easements and setbacks, the only potential buyer would be the owner of the adjacent parcel to be utilized as additional parking. The proposed sale of the property will be subject to the reservation of easements for utility facilities owned by Southern California Gas compaand Southern California Edison, Los Angeles Count Flood Control District, Los Angeles County Sanitation Districts. PREPARED BY: Anne Garvey Tseday Aberra RESOLUTION NO. 93- A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE SUMMARY VACATION/WITH RESERVATIONS OF A PORTION OF A RIGHT-OF-WAY IN THE PROXIMITY OF INTERSECTION OF BREA CANYON ROAD AND LYCONING STREETTHE A. RECITALS. (i) It is hereby found and determined that a portion of Brea Canyon Road south of Lycoming Street, legal described in Exhibit A and as shown by the map in Exhibit B attached hereto and incorporated herein by this reference, which real property is located in the City of Diamond Bar, County of Los Angeles, State of California, is no longer needed for present or prospective use based upon the following facts: That the subject right-of-way has been superseded by relocation and this vacation does not cut off access to the property of any person which prior to such relocation adjoined the highway and does not terminate a public service easement; that the subject right-of-way is an excess right of way not required for street or highway purposes and that the subject right-of-way is not required for general public access or circulation or for bicycle paths or trails. (ii) The public easement in, over and across said property for street and highway purposes legally described in Exhibit A attached is hereby vacated pursuant to Chapter 4, Part 3, Division 9 of the Streets and Highways Code, State of California, commencing with Section 8330; reserving and excepting therefrom all easements and rights for utility facilities owned by Southern California Edison Company and Southern California Gas Company for covered storm drain and appurtenant structures and storm drain ingress and egress to the City of Diamond Bar for sanitary sewer purposes to the City of Diamond Bar, as set forth in Sections 8340 and 8341 of said Streets and Highways Code. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. That the Executive Officer -Clerk of the City Council be instructed to record the certified original resolution in the office of the Registrar -Recorder of the County of Los Angeles. PASSED, APPROVED and ADOPTED this day of 1993 Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, 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 vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Diamond Bar THE DUZt COMPANY 1623 Stradalla Road Los Angeles, CA 90071 (310) 472.3250 October 6, 1992 City of Diamond Bar 21660 E. Copley Drive :� { Suite 190 -' Diamond Bar, CA 91765-4177 Attn: George Wentz Subject: Proposed Vacation of Portion of Brea Canyon Rd., South of Lycoming Street, RP File # 904062/226XX Dear Mr. Wentz: I am offering to purchase the subject property from the City of Diamond Bar based on the appraisal we ordered on December 4, 1991, and the fact that the public utility companies would not guarantee that we could use the property for permanent parking. They stated that a permit to take over the easement would be needed and, of Ther 1 t would Gas Company, besubject to each California tility Edison c and nThe review, Department of Public Works. It is apparent that the necessary permits to take over these easements must be obtained. One company implied that the specifics of the paving plans would be needed to be reviewed. The Gas Company stated they would prefer no paving, but are negotiable and would probably allow it. Due to these facts and conditions, the value of the property is diminished. The potential use of this land is for additional parking. It appears that the subject land could accommodate four to five parking spaces; two of them tandem, as there is no exit on Lycoming Street. I am offering The City of Diamond Bar the SUM Of p$8,000 for the subject property. This equates to $2, 000 per arking space. Very truly yours, Burton N. Duze Property Owner der No. 1940694) ISSUED BY SOUTHERN CALIFORNIA TITLE COMPANY SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE, title to said estate or interest at the date hereof is vested in: ;ITY OF DIAMOND BAR, A MUNICIPAL CORPORATION. The land referred to in this Report is situated in the State of California, County of Los Angeles, and is described as follows: That portion of Brea Canyon Road, (formerly Anaheim - Spadra Road), in the City of Diamond Bar,, County of Los Angeles, State of California, as shown on map of' Tract No. 27394, filed in Book 703, Page(s) 3 to 7 inclusive of Maps, in the office of the Registrar -Recorder of Said County, within the following described boundaries: Beginning at the Northerly terminus of that certain 1550 foot radius curve in the Easterly boundary of Lot 24, said Tract; thence Northerly along the 'northerly continuation of said curve to the beginning of a reverse curve concave to the Southwest and having a radius of 27 feet, said reverse curve being tangent at the Westerly terminus thereof to the Easterly prolongation of the Northerly line of Lot 1, said Tract; thence Northwesterly along said reverse curve to said Easterly prolongation; thence Westerly along said Easterly prolongation to the Westerly boundary of said Brea Canyon Road; thence Southerly and Southeasterly along the Westerly and Southwesterly boundaries of said Brea Canyon Road to the point of beginning. At the date hereof exceptions to coverage in addition to the printed exceptions and Exclusions in said policy form would be as follows: •1j w V 4 SY to Yam s It to Ir K�}}��.% 03T1�Z,4cr� ytcx. 47,Tts, F st27' R. N0. 2166 RZ M.B. 22-- 4 � 7 100 for r o � oil Y 2 P ,o $ 4 POR. NA 1/4 • Stc.17 T.2S., R.9W y 4, w E.'/4 M 26Z• 63 ► 9 20 4, 7 0 22.Mh 0 ss.�.r ts•3S v ~ s MOR 77y4 �ArOA/ .5 T TRACT NO. 27S94 M. B. 703-3-6 EXHIBIT�B� 41 L.ECENd C PROPOSED VACATION t ,r 111CIi117"rIV,4P n 0 DEP'ART'MENT OF Pnolv Vl(),V On $LIC WORKS UTAPPIFb0 EL PROPERTY UAN GEMENT DIVISIO 7.E3.Lo?j )� prt�gln(;A�vcctbbr .--- CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 3, 1993 REPORT DATE: July 29, 1993 FROM: George Wentz, Interim City Engineer/Public Works Director Kellee A. Fritzal, Administrative Assistant TITLE: HERITAGE PARK WATER SERVICE SUMMARY: With the construction of the Heritage Park Community Center, the Walnut Valley Water District is requiring a water main extension be constructed on Brea Canyon Road between Cold Canyon and Cool Canyon. Included as a part of the water line extension is the placement of a fire hydrant will be constructed, in front of Heritage Park. The water main is necessary, to maintain the water flow required for the fire hydrant. In conjunction with the City, the Water District will be contributing to the project and handle the installation. RECOMMENDATION: Approve the allocation of $50,350.48 for the installation of the Brea Canyon Road water line extension and Heritage Park fire hydrant; and, direct the City Manager issue a purchase order. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed NIA 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? NIA _ Yes No 4. Has the report been reviewed by a Commission? _ Yes No Which Commission? N/A _ _ 5. Are other departments affected by the report? Yes No Report discussed with the following affected departments: _ _ Community Services REVIEWED BY: CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 3, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: HERITAGE PARK WATER SERVICE ISSUE STATEMENT: With the construction of the Heritage Park Community Center, the Walnut Valley Water District has required a water main extension be constructed on Brea Canyon Road between Cold Canyon and Cool Canyon. In addition, a fire hydrant will be constructed in front of the Heritage Park Building. The water line is necessary to maintain the water flow required for flow of water for the fire hydrant. The Water District will be designing and constructing the water line extension/fire hydrant project. The City will be funding its share of the total project cost ($62,506.48), which pro -rata share is $50,350.48. RECOMMENDATION: Approve the allocation of $50,350.48 for the installation of the Brea Canyon Road water line extension and Heritage Park fire hydrant; and, direct the City Manager issue a purchase order. FINANCIAL SUMMARY: This project will be funded out of the total Heritage Park Building budget of $844,947. The Heritage Park Building budget is comprised of monies from the General Fund ($460,00), the CDBG Fund ($344,947) and a State Park Grant ($40,000). This water line extension/fire hydrant project was anticipated as apart of the overall project budget. However, the exact cost of the project and the City's pro -rata share were not available to the City, until recently. BACKGROUND/DISCUSSION: Currently, Heritage Park is being served with a water line from Cold Springs. There in no water main located on Brea Canyon to handle the increased demand for water service; and, a fire hydranr is required to serve the newly constructed Heritage Park Community Building. The Walnut Valley Water District reviewed the construction plans for the Heritage Park Community Center and determined that the increased water service requirements and the inclusion of the extension of the water main from Cold Springs souherly on Brea Canyon Road in the District's Five -Year Capital Improvement Plan, prompted the requirement for the City and District to cooperatively fund and construction the water line extension/fire hydrant to serve Heritage Park. With the installation of thewater line/fire hydrant on Brea Canyon Road, the water distribution system and water flow for the area will be significantly upgraded. The Los Angeles County Fire Department also recommended that a fire hydrant be located in front of the park on Brea Canyon. PREPARED BY: Kellee A. Fritzal CITY OF DIAMOND 13Pm AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 3, 1993 REPORT DATE: July 29, 1993 FROM: George Wentz, Interim City Engineer/Public Works Director Kellee A. Fritzal, Administrative Assistant TITLE: HERITAGE PARK WATER SERVICE SUMMARY: With the construction of the Heritage Park Community Center, the Walnut Valley Water District is requiring a water main extension be constructed on Brea Canyon Road between Cold Canyon and Cool Canyon. Included as a part of the water line extension is the placement of a fire hydrant, in front of Heritage Park. The water main is necessary, to maintain the water flow required for the fire hydrant. In conjunction with the City, the Water District will be contributing to the project and handle the installation. RECOMMENDATION: Approve the allocation of $50,350.48 for the installation of the Brea Canyon Road water line extension and Heritage Park fire hydrant; and, direct the City Manager issue a purchase order. 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? N/A 5. Are other departments affected by the report? Report discussed with the following affected departments: Community Services REVIEWED BY: Te rence I Belawer George Wentz City Manager Interim City Engineer N/A _ Yes X No MAJORITY N/A _ Yes _ No _ Yes _ No _ Yes _ No Kellee A. Fritzal Administrative Assistant CITY COUNCIL nurorzr MEETING DATE: August 3, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: HERITAGE PARK WATER SERVICE ISSUE STATEMENT: With the construction of the Heritage Park Community Center, the Walnut Valley Water District has required a water main extension be constructed on Brea Canyon Road between Cold Canyon and Cool Canyon. In addition, a fire hydrant will be constructed in front of the Heritage Park Building. The water line is necessary to maintain the water flow required for flow of water for the fire hydrant. The Water District will be designing and constructing the water line extension/fire hydrant project. The City will be funding its share of the total project cost ($62,506.48), which pro -rata share is $50,350.48. RECOMMENDATION: Approve the allocation of $50,350.48 for the installation of the Brea Canyon Road water line extension and Heritage Park fire hydrant; and, direct the City Manager issue a purchase order. FINANCIAL SUMMARY: This project will be funded out of the total Heritage Park Building budget of $844,947. The Heritage Park Building budget is comprised of monies from the General Fund ($460,00), the CDBG Fund ($344,947) and a State Park Grant ($40,000). This water line extension/fire hydrant project was anticipated as apart of the overall project budget. However, the exact cost of the project and the City's pro -rata share were not available to the City, until recently. BACKGROUND/DISCUSSION: Currently, Heritage Park is being served with a water line from Cold Springs. There in no water main located on Brea Canyon to handle the increased demand for water service; and, a fire hydrant is required to serve the newly constructed Heritage Park Community Building. The Walnut Valley Water District reviewed the construction plans for the Heritage Park Community Center and determined that the increased water service requirements and the inclusion of the extension of the water main from Cold Springs southerly on Brea Canyon Road in the District's Five -Year Capital Improvement Plan, prompted the requirement for the City and District to cooperatively fund and construction the water line extension/fire hydrant to serve Heritage Park. With the installation of the water line/fire hydrant on Brea Canyon Road, the water distribution system and water flow for the area will be significantly upgraded. The Los Angeles County Fire Department also recommended that a fire hydrant be located in front of the park on Brea Canyon. PREPARED BY: Kellee A. Fritzal BOARD OF DIRECTORS: Richard C. Engdahl President Election Division II Keith K. Gunn Vice President Election Division V Edward N. Layton Vice President Election Division III John E. Fisher Assistant Treasurer Election Division IV William G. Wentworth Director Election Division I STAFF: Edmund M. Biederman General Manager Secretary Norman R. Miyake Treasurer WALNUT VALLEY WATER DISTRICT 271 South Brea Canyon Road - P.O. Box 508 Walnut California 91789-3002 - (909) 595-1268 • (818) 964-6551 FAX (909) 594-9532 June 17, 1993 City of Diamond Bar 21660 E. Copley Dr., Suite 100 Diamond Bar, CA 91765 Attention: City Engineer Re: Heritage Park & Brea Canyon Road Main Extension Work Order 92-2080 Enclosed is a revised copy of an estimate which details the costs involved to install the water distribution system for the above captioned project. LEGAL COUNSEL: H. Jess Senecal In accordance With Our Current Rules & Regulations, we cannot begin the process of procuring materials for this development prior to the payment of the costs shown on the enclosure. For your convenience, two copies of an invoice covering these revised costs are enclosed. The process will require approximately 45 days. Therefore, it is advised that you consider this time element in formulating your construction schedule, since it is our understanding that you will be precluded by other agencies from placing lumber or CCmmencing framing on your development until such time as the water distribution system is installed and operable. Please note, as a condition of receiving water service, you will be required to install and maintain District approved backflow prevention devices immediately downstream of your water services. Enclosed are copies of Starnes 4 and 20A outlining this backflow prevention requirement. If you should have any questions, please give me a call. Very truly yours, �l.(•vj all, Ptiu ✓�- ]BRYAN LEWIS Director of Planning & Projects BL:aan Enclosures WALNUT VALLEY WATER DISTRICT 271 South Brea Canyon Road Walnut, CA 91789 June 17, 1993 Revised COST ESTIMATE FOR HERITAGE PARK & BREA CANYON ROAD MAIN EXTENSION WORK ORDER 92-2080 1011SWIM Labor (Includes Repaving) $37,872.40 Valves 606.20 A.C. Pipe 5,537.75 Service Materials 1,605.46 C.I. Fittings & Misc. Hardware 1,570.38 Less: District Participation (Five Year Plan #A-28) (12,000.00) Existing Meter Credit (156.00) TOTAL ESTIMATED DIRECT COSTS $35,036.19 Engineering, Inspection & Administrative Overhead (20% of Developer's Estimated Direct Costs) $ 7,007.24 Acreage Supply Charge (3.37 acres @ $1,465.00/acre) 4,937.05 Reservoir Capacity Charge (3.37 commercial acres @ $1,000.00/acre) 3,370.00 TOTAL ESTIMATED INDIRECT COSTS 15,314.29 TOTAL ESTIM iM) PR WBCT COSTS $50,350.48 PLEASE NOTE: THIS ESTIMATE IS VALID FOR 90 DAYS. IF THE ACTUAL INSTALLATION COST IS MORE THAN THE ESTIMATE, THE DEVELOPER SHALL FORTHWITH, UPON DEMAND, PAY SUCH EXCESS, AND IN THE EVENT THE COST IS LESS THAN THAT ESTIMATED BY THE DISTRICT, THE DISTRICT WILL REFUND THE EXCESS. I N V O I C E 1 Walnut Valley Water District 271 SOUTH BREA CANYON ROAD TELEPHONES: (714) 595-7554 (8181 964-6551 WALNUT, CALIFORNIA 91789 June 17, 19 93 TO City of Diamond Bar 21660 E. Copley Dr., Suite 100 Diamond Bar, CA 91765 Heritage Park Attention: City Engineer RE: Work Order 92-2080 To invoice you for the direct and indirect costs necessary to provide water service for the above referenced project. These charges are due and payable in accordance with District Rules and Regulations. Direct Costs $35,036.19 Indirect Costs 15,314.29 TOTAL DUE $50,350.48 PLEASE NOTE: (1) Any of the invoiced materials that are found to be in excess for reason of actual field installation conditions will be returned to the District as surplus material. WV FORM R-10 2M 11-90 FMC onner canyon WildErness Conservancy 1824 Shaded Wood Road, Diamond Bar, CA 91789 - 909 595-6316 Don Schad - President, Diamond Bar resident Dr. Ann Croissant - Professor, Biology/Botany Cur, iculum and Instruction Dr. Jack Bath - Professor, Biological Sciences Dep:., Cal Poly, Pomona GOALS: To preserve and protect the nat iral environment and save our open spaces, focusing on ecological sensitive areas: Sandstone Canyon, Upper Sycamore Canyon, Tonner Canyon and the Significant Ecological Area No. 15 in and around Diamond Bar. We must :ave our beautiful historical Oak and Walnut, Riparian woodlands and animal life that gave Diamond Bar its unique signature. Our Conservancy is supported by the Sierra Club, Audubon Society, Friends of the Whittier Hills, Chino Hills State Park, Hills for Everyone, Tri -County Conservat,on League and many others. State and Federal Government monies are available to Conservancies. Private, corporate and business contributions to preserve thousands have tax advantages when a Conservancy is contribute I for purchase and preservation of land. For example: Friends of the Whittier Hills, werking with their City Council, were awarded 18 million dollars from Prop. "A" on the November, 1992 election. They are purchasing thousands of acres in Whittier Hills. From the same measure, Diamond Bar was allocated 1.47 million dollars to improve the ball fields in Pantera Park. However, just as important is the preservation of the last remaining sensitive ecological areas and open spaces left in our City. Funds are available. The voters of California have already approved and passed many measures such as Prop "A" and "C". We must be active to receive funds. We are active in and support the 1994 CaIPAW Initiative. You can make the difference. Join us, help support our cause of education. There are many needs to be fulfilled: research, secretarial, computer work, stuffing and mailing, etc. or just simply spreading the word to preserve our beautiful hillsides and open spaces and wild animals before they are all gone. BROMNO_2 CaIPAW '94 We must protect our open space, greenbelts, parklands and wildlife habitats. CalPAW '94 is an initiative for the '94 Ballot to purchase and preserve land, open spaces, green belts, areas for rare and endangered species, wild animal habitats, old growth forest, Redwoods, rivers, streams, park facilities, play grounds, ball fields, tree planting... It will raise $2 Billion. Every City and County in California will receive an allocation of funds. The State will sell bonds. It is not a tax increase. You vote on CaIPAW '94 during the '94 Primary Election. It will cost each Californian less than 50 cents a month over 20 years. CaIPAW '94 will help keep our State Tourism Trade strong while preserving our unique natural open spaces, animal habitat and beauty. Today's low interest rates and lower land prices is the opportune time to act. Nine out of ten state bond acts have passed in the last thirty years. The 1988 CalPaw passed by 65%. The Sierra Club, Planning & Conservation League, Audubon Society, Defenders of Wildlife, Friends of the River and California Native Plant Society and environmental non-profit groups are supporting CaIPAW '94. Our Group, Tonner Canyon Wilderness Conservancy, is dedicated to preserving the open spaces, wilderness and wildlife in and around Diamond Bar. We are fully supportive of CaIPAW '94. You can help. Sign our Petition and become active. Volunteers are needed. Call: 909 595-6316. Ask for Don Schad. This summary is from literature provided by: Californians for Parks & Wildlife, (CalPAW '94), 926 1 Street #612, Sacramento, CA 95814, 916 444-8726 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: August 3, 1993 REPORT DATE: July 16, 1993 FROM: Terrence L. Belanger, City Manager TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING, IN ITS ENTIRETY, CHAPTER 13.05 OF TITLE 13 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ESTABLISHING NEW REQUIREMENTS AND STANDARDS RELATING TO PUBLIC SAFETY ALARM SYSTEMS. SUMMARY: Alarm systems are very prone to be activated by electrical failures or other events having no connection with criminal activity. Unfortunately, millions of hours of valuable police time are wasted each year answering false alarms. This deprives those that genuinely have emergencies from getting needed assistance and places law enforcement and other safety personnel at great risk. This agenda item was continued from the July 20th, City Council meeting. RECOMMENDATION: It is recommended that the City Council approve Ordinance No._ (1993) repealing Chapter 13.05 of Title 13 of the Los Angeles County Code and establishing new requirements and standards relating to public safety alarm systems. It is further recommended that the City Council direct staff to prepare the appropriate fee resolution establishing a service charge for maintaining a public nuisance alarm and set the prescribed public hearing for adoption at a future Council meeting. LIST OF ATTACHMENTS SUBMITTAL CHECKLIST: X Staff Report _ Resolution(s) X Ordinances(s) _ Agreement(s) _ Other _ Public Hearing Notification _ Bid Specification 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes No 4. Has the report been reviewed by a Commission? —Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Sheriff's Department Finance Department REV4,EWED BY: Terr nce L. Belan a Troy L. utzlaff City Manager Assis to the CitIMager VVrV VinTTVVYY_ REPORT AGENDA NO. MEETING DATE: August 3, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING, IN ITS ENTIRETY, CHAPTER 13.05 OF TITLE 13 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ESTABLISHING NEW REQUIREMENTS AND STANDARDS RELATING TO PUBLIC SAFETY ALARM SYSTEMS. ISSUE STATEMENT: Alarm systems are very prone to be activated by electrical failures or other events having no connection with criminal activity. Unfortunately, millions of hours of valuable police time are wasted each year answering false alarms. This deprives those that genuinely have emergencies from getting needed assistance and places law enforcement and other safety personnel at great risk. RECOMMENDATION: It is recommended that the City Council approve Ordinance No. (1993) repealing Chapter 13.05 of Title 13 of the Los Angeles County Code and establishing new requirements and standards relating to public safety alarm systems. It is further recommended that the City Council direct staff to prepare the appropriate fee resolution establishing a service charge for maintaining a public nuisance alarm and set the prescribed public hearing for adoption at a future Council meeting. FINANCIAL SUMMARY: On average, the Walnut/San Dimas Sheriff's man-hours a year responding to false ala alone there were over 3,000 false alarms 2977 man-hours. At an estimated cost of alarms account for over $223,000 a year. BACKGROUND: Stations spend in excess of 9,500 rms. In the City of Diamond Bar reported last year accounting for $36.25 per Sheriff's unit, false In the face of growing crime, Americans are spending billions of dollars each year on security devices or services to protect themselves and their property. It is estimated that of the seven million alarm systems in use today each one produces about two alarms a year. Unfortunately, 95 percent of all alarms that are produced are false having no connection with criminal activity or actual emergencies. According to a recent report prepared by the National Institute of Justice hours of valuable police time are lost annually answering false alarms. In fact, the report indicates that the problem represents 10 to 30 percent of all requests for law enforcement services. Besides resulting in an enormous strain on the resources of public safety agencies, false alarms present a serious risk to law enforcement officers and other safety personnel. Some experts predict that unless something is done to remedy the problem of fal an 31 nVMR _ 1 qu A%#A"AAW _L s_3 _LL__ __r_tr _,_AAiXA will V.LXj sftA !a alt - than 40 million alarms by 1995. DISCUSSION: The Sheriff's Department indicates that there were 3,080 burglary and robbery alarms in the City of Diamond Bar between June 1992 and May 1993. Given an average response and handling time of twenty-nine (29) minutes for each alarm, combined with the typical assignment of two patrol units at an average cost of $36.25 per unit, false alarms accounted for more than 2977 man-hours and cost the City over $223,000. Although Chapter 13.05 of Title 13 of the Los Angeles County Code, which has heretofore been adopted by the City, regulates burglary and robbery alarms, it provides no incentive to alarm owners to deal directly with the problem and formulate their own ideas, solutions, and mitigation measures to prevent false alarms from occurring time and time again. Moreover, the existing County ordinance has proven to be unworkable and costs more to invoke than may be expected in a potential fine. At the request of the Sheriff's Department, the City Council directed staff to research various false alarm ordinances and to prepared an ordinance for the Council's perusal. After reviewing the existing County statute and ordinances from other communities, staff believes that the adoption of a separate ordinance setting forth requirements and standards relating to public safety alarm systems within the City is in the public's best interest in that: (1) eliminates unnecessary waste of tax dollars through emergency response to false alarms; (2) protects law enforcement officers and other safety personnel from needless risks to their safety; (3) releases emergency phone lines for genuine emergency calls from individuals that need assistance; and (4) provides the City with a mechanism for charging a fee to offset the costs of law enforcement services in responding to chronic false alarms. Staff contacted several cities in the surrounding area to determine if they have enacted ordinances providing for the collection of fees for costs incurred due to repeated false alarms. Of the ten cities contacted, nine of them have ordinances that provide for the assessment of a service charge to an alarm owner that exceeds the permitted number of false alarms during a given period of time. The following is a breakdown of those cities that have alarm ordinances, the number permitted false alarms by time period, and the fee that is assessed for each false alarm in excess of the permitted number of alarms: CITY NAME FALSE ALARMS PERMITTED SERVICE CHARGE/PENALTY Chino 3 per fiscal year N/A 4 in a fiscal year $35.00 5 in a fiscal year $70.00 6 or more alarms $148.00 Chino Hills 2 per fiscal year N/A 3 alarms in fiscal year $25.00 4 alarms in fiscal year $50.00 5 alarms in fiscal year $75.00 6 or more alarms $100.00 Claremont 3 every six months N/A 4 or more in six months $100.00 CITY NAME FALSE ALARMS PERMITTED SERVICE CHARGE/PENALTY Glendora 4 per twelve month period N/A 5 or more per twelve month period $50.00 La Verne 3 per twelve month period N/A 4 alarms in twelve months $35.00 5 alarms in twelve months $75.00 6 alarms in twelve months $150.00 7 or more alarms Misdemeanor Pomona 2 per calendar year N/A 3 alarms in calendar year $25.00 4 alarms in calendar year $50.00 5 alarms in calendar year $75.00 6 alarms in calendar year $100.00 San Dimas 3 per twelve month period N/A 4 or more in twelve month period Misdemeanor Upland 3 per calendar year N/A 4 alarms in calendar year $40.00 5 alarms in calendar year $65.00 6 or more alarms $90.00 Walnut 3 per twelve month period N/A 4 or more in twelve month period Misdemeanor Based on the number of false alarms occurring in the City and the strain it has on the resources of the Sheriff's Department, staff believes that each alarm owner should be allowed to have one (1) false alarm without charge in a twelve (12) month period. It is recommended that a service charge, as prescribed by resolution of the City Council, be assessed to any alarm owner of a particular alarm system that generates two (2) or more false alarm in any twelve (12) month period. After the fifth (5) and each subsequent false alarm in any twelve month period, staff recommends that an alarm owner be given official notice that a hearing will be conducted to determine whether the alarm system generating the false alarms should, by order of the Sheriff, be disconnected for a designated period of time or permitted to operate under conditions. Any alarm owner that continues to operate an alarm system without complying with the conditions imposed by the Sheriff or where the alarm has been ordered to be disconnected, is guilty of a misdemeanor and punishable as provided by law. In addition to the penalties for generating two or more false alarms in a twelve (12) month period, violation of any other provision of this Ordinance (i.e., failing to register an alarm, failure to post information, etc.) is considered an infraction which upon conviction is punished by fines of up to Five Hundred ($500.00) Dollars. ENFORCEMENT According to information provided by the Sheriff's Department, it is estimated that about two-thirds of all reported false alarms are a second or subsequent alarm call. Assuming that there were 3080 reported false alarms in the City last year this would mean that 2051 of them were from alarms that generated two or more alarm calls requiring a Sheriff's Department response. In determining the service fee to be assessed, staff recommends that a flat fee of $125.00 be charged to any person operating an alarm system that generates two (2) or more false alarms in a twelve (12) month period. This fee should generate approximately $220,000 to help defray the costs of MUldina 13U WAVRAMAR0 &6rvicas and any e+!har administrative costs that the City may incur in responding to false alarms. In addition to the penalties noted above, the proposed Ordinance provides the City with a mechanism, through civil remedies, to abate the nuisance alarm by means of a restraining order, a preliminary or permanent injunction. The City can also recover any and all costs incurred in abating the violation, and impose liens against any property on which the nuisance alarm is maintained. Enforcement of this Ordinance can be accomplished several different ways. While most cities use their own police departments or finance staff to administer the provisions of their alarm ordinance, this would prove difficult and time consuming for the City since we contract for law enforcement services with the County Sheriff's Department and have staffing constraints that would limit our ability to properly enforce this Ordinance. Some cities have resorted to using specialized service companies that will recover the costs associated with false alarms. These companies will, for a percentage (up to 40%) of the revenue that is recovered, track, invoice and recover the cost of law enforcement response for false alarms. While this type of service may relieve the City of certain administrative responsi- bilities, it doesn't completely alleviate the City from providing some staff support and may actually cost the City more than enforcing the provisions of this Ordinance itself. Since the City is presently contracting with the Los Angeles County Sheriff's Department for law enforcement services and they are enforcing similar alarm ordinances with other contract cities, staff believes that the City should work with them to develop an effective means of enforcing the City's false alarm problem. This could include joint administration of the ordinance through computerized billing verification, systematic collection of service charges from alarm owners for violation of the City's Ordinance, electronic tracking of false alarms, and report generation. The combined efforts of the City and Sheriff's Department could help to minimize the administrative costs of both agencies while providing an efficient process to manage the City's false alarm response program. Implementation of this Ordinance, in conjunction with the Sheriff's Department, should have minimal impact on the City and may only require five to ten hours per month of staff time to administer. However, in order to properly track billings and account for any fees that may be collected it will be necessary to purchase an accounts receivable module or program for the Finance Department's accounting system. Generally, these programs are available at larger computer stores and cost between $150.00 to $350.00 depending on the complexity of the program and its functions. The more sophisticated accounting modules, which are used with financial systems like the one currently used by the City, cost several thousand dollars and require technical support to maintain. Based on the projected volume of false alarms and the time involved in billing and tracking payments, staff recommends that a low-cost accounts receivable program be purchased to bill violators of this Ordinance and to track payments received. PREPARED BY: Troy Bidzlaff Assista o the Cit ManWer ORDINANCE XX (1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING, IN ITS ENTIRETY, CHAPTER 13.05 OF TITLE 13 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ESTABLISHING REQUIREMENTS AND STANDARDS RELATING TO PUBLIC SAFETY ALARM SYSTEMS. A. Recitals. (i) The City Council finds and declares that the majority of all burglary and robbery alarms that occur are false and constitute a public nuisance; (ii) The City Council further finds and determines that false alarms create conditions which are dangerous to law enforcement officers and other safety personnel; (iii) Law enforcement agencies spend countless hours responding to false alarms resulting in an enormous strain on the resources of these agencies and detracting law enforcement officers from responding to real criminal activity; (iv) Alarm systems which automatically and directly dial any emergency phone number are very prone to be activated by electrical failures or other events having no connection with criminal activity. This can tie up emergency phone lines making them unavailable to receive genuine emergency calls; (v) The City Council has heretofore adopted Chapter 13.05 of Title 13 of the Los Angeles County Code. However, said Chapter, which regulates burglary and robbery alarms, provides no incentive to alarm owners to deal directly with the problem of false alarms and formulate their own ideas, solutions, and mitigation measures to prevent false alarms from occurring time and time again. Therefore, the City Council finds it necessary to repeal this chapter, in its entirety, provided that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance; and (vi) The City Council finds and determines that the adoption of this ordinance setting forth requirements and standards relating to public safety alarm systems within the City is in the publics best interest in that it eliminates unnecessary waste of tax dollars through emergency response to false alarms, protects law enforcement officers and other safety personnel from needless risks to their safety, and releases emergency phone lines for genuine emergency calls. (vii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. Section 2. Chapter 13.05 of Title 13 of the Los Angeles County Code, as heretofore adopted by reference, is hereby repealed, provided however that said repeal shall not apply to nor excuse any violation of said Chapter occurring prior to the effective date of this Ordinance. Section 3. The following provisions are hereby adopted as the Public Safety Alarm Systems Ordinance of the City of Diamond Bar to read, in words and figures, as follows: Section 1.0 Definitions. For purposes of this Ordinance, the following words and phrases shall be construed to have the meanings herein defined unless it is apparent from the context that a different meaning is intended. A. "Alarm owner" means the person or entity that owns, operates, leases, rents, uses or makes available for use by his agents, employees, representatives or family, any alarm system. B. "Alarm system" means any mechanical or electrical device, whether known as a burglary, robbery or intrusion alarm, medical assistance alarm, direct dial telephone device, audible or silent alarm or by any other name, an alarm that is used for the detection of a fire, intrusion into a building, structure or facility, or to signal the commission of an unlawful act, or the existence of any other emergency situation. It shall include those devices which emit a signal within the protected premises only, are supervised by the proprietor of the premises where located, and are otherwise known as "proprietary alarm systems." Auxiliary devices installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition. "PUBLIC SAFETY ALARM SYSTEMS Sections: 1.0 Definitions. 2.0 Direct dial telephone devices. 3.0 Alarm systems --Registration required. 4.0 Audible alarms --General requirements. 5.0 Audible alarms --Prohibited sounds. 6.0 False alarm. 7.0 Repair. 8.0 Notification of Test. 9.0 Maintaining a public nuisance alarm. 10.0 Appeal. 11.0 Exemptions. 12.0 Penalties for Violation. 13.0 Civil Remedies Available. 14.0 Enforcement. Section 1.0 Definitions. For purposes of this Ordinance, the following words and phrases shall be construed to have the meanings herein defined unless it is apparent from the context that a different meaning is intended. A. "Alarm owner" means the person or entity that owns, operates, leases, rents, uses or makes available for use by his agents, employees, representatives or family, any alarm system. B. "Alarm system" means any mechanical or electrical device, whether known as a burglary, robbery or intrusion alarm, medical assistance alarm, direct dial telephone device, audible or silent alarm or by any other name, an alarm that is used for the detection of a fire, intrusion into a building, structure or facility, or to signal the commission of an unlawful act, or the existence of any other emergency situation. It shall include those devices which emit a signal within the protected premises only, are supervised by the proprietor of the premises where located, and are otherwise known as "proprietary alarm systems." Auxiliary devices installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition. C. "Audible alarm" means an alarm system which, when activated, emits an audible sound in the vicinity of the protected premises. D. "Direct dial device" means a device which is connected to a telephone line and upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal. E. "False alarm" means an alarm signal activated by causes other than the existence of an emergency situation or commission or attempted commission of an unlawful act, which the alarm system is designed to detect, and results in a response by the Sheriff to the alarm location. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. F. "Sheriff" means the Sheriff of the County of Los Angeles or his/her designee. Section 2.0 Direct dial telephone devices. No person shall use any alarm system which is equipped with a direct dial device, and which when activated, automatically dials any telephone number in any office of the sheriff. Section 3.0 Alarm systems --Registration required. A. Any alarm owner installing, maintaining, replacing, or using any type of security or emergency alarm system in the City shall provide to the Sheriff, in the form provided by the City or Sheriff, information on the alarm location, type of alarm system (e.g., on or off -premises signal), name of business (if applicable), names, addresses, and telephone numbers of all persons to be notified to render repairs or service during any hour of the day or night. Such form shall be promptly updated should any change in the information provided therein occur. B. The information furnished to the Sheriff pursuant to this Ordinance shall be confidential, shall not be subject to public inspection, and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this Ordinance. Section 4.0 Audible alarms --General requirements. The alarm owner of each audible alarm shall post in a conspicuous location outside the premise where the alarm is located the names and telephone numbers of persons to be notified to render repairs or service during any hour of the day or night during which the audible alarm is operated. An audible alarm shall terminate its sound, or shall automatically reset, within thirty (30) minutes of activation. Section 5.0 Audible alarms --Prohibited sounds. No alarm system shall be installed or used which emits a sound which is similar to that of an emergency vehicle siren or a civil defense warning system. Section 6.0 False alarm. A person shall not knowingly turn in a report of a false alarm. This section does not prohibit a test of an alarm system as permitted in advance by the Sheriff. Section 7.0 Repair. After any false alarm, the alarm owner shall, upon request by the Sheriff, submit a written report to the Sheriff, describing actions taken or to be taken to eliminate the cause of the false alarm. This report shall be submitted within ten (10) days of the date of request by the Sheriff. Section 8.0 Notification of Test. An alarm owner shall notify the Sheriff prior to any service, test, repair, maintenance, alteration, or installation of an alarm system which might produce a false alarm. Section 9.0 Maintaining a public nuisance alarm. A. Any alarm system which generates two (2) or more false alarm in any twelve (12) month period shall be deemed to be a public nuisance alarm. A service charge in an amount prescribed by resolution of the City Council shall be charged to an alarm owner of a public nuisance alarm system for each subsequent false alarm. B. After each false alarm, the City shall notify the alarm owner in writing of the date and time that the Sheriff responded to said false alarm. The alarm owner shall also be notified in writing in each instance of the number of false alarms of record attributed to that alarm system within the previous twelve (12) month period. The alarm owner shall further be informed in writing of the provisions of this section and of any service charge or other penalties to be imposed. C. Within ten (10) days from the date of said notice, the alarm owner may present written evidence to the Sheriff that the alarm response in question was not in fact a false alarm as defined herein, or that there was a justifiable reason for the activation of the alarm. If no such response is made by the alarm owner within said ten (10) day period, the Sheriff's determination that the alarm was false shall be final. Within ten (10) days of receipt of written evidence from an alarm owner, the Sheriff shall render a decision which decision shall be final. D. Upon the occurrence of five (5) or more false alarms within any twelve (12) month period, the Sheriff may give notice in writing to the alarm owner thereof, by first class mail, postage prepaid, of the date of a hearing to be conducted by the Sheriff. The purpose of the hearing shall be to provide the alarm owner with an opportunity to show cause why said owner's alarm system generating the false alarm should not be ordered to be disconnected. Within ten (10) days of the conclusion of said hearing, the Sheriff shall render a written decision, which decision may include, but is not limited to, ordering the subject public nuisance alarm to be disconnected for a designated period of time, or the imposition of conditions upon the continued use of the subject alarm system. Said decision shall be final unless appealed as provided herein. Operation of an alarm system ordered to be disconnected, or without compliance with conditions imposed following said hearing, is a violation of this Ordinance and shall be deemed to be a misdemeanor punishable as set forth in Section 12.A hereof. Section 10.0 Appeal. A. An alarm owner may appeal the decision of the Sheriff rendered pursuant to Section 9.0(d) hereof by filing a written notice of appeal with the City Clerk within twenty (20) days of the date of the decision. The appeal shall be in writing, addressed to the City Manager explaining the matter appealing from and setting forth a statement of the action desired by the appellant, with reasons therefor. B. Upon the filing of an appeal, the City Manager or his or her designee shall set a date for a hearing on the appeal within thirty (30) days from the date of filing. The City Clerk shall notify the appellant of the date, time and place of the hearing. C. The City Manager shall, within ten (10) days after the conclusion of the hearing, certify the findings and decision in writing to the alarm owner. The decision of the City Manager shall be final. Section 11.0 Exemptions. The provisions of this Ordinance are not applicable to audible alarms affixed to motor vehicles or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the California Public Utilities Commission. No false alarms shall be counted against an alarm owner that were the result of an act of God, natural disaster, or interruptions of electrical service not due to the alarm owner. Section 12.0 Penalties for violation. A. Any person violating Sections 2.0, 3.0, 5.0, 6.0 or 9.D of this Ordinance shall be deemed to have committed a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. B. Each person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Ordinance. Section 13.0 Civil Remedies Available. Violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated in the name of the City in any court of competent jurisdiction through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. Section 14.0 Enforcement. A. The amount of any service charge shall be deemed a debt to the City. All service charges shall be deemed delinquent fifteen (15) days after they are due and payable. B. Pursuant to California Government Code Section 38773, the City may recover any and all costs incurred in abating a violation or violations of this Ordinance, including the imposition of a lien against the property on which the nuisance is maintained. C. Prior to the recordation of a lien against property for the recovery of abatement and other related administrative costs, the City, in accordance with Section 38773.1 or 38773.5 of the California Government Code, shall provide written notification, by registered or certified mail, to the property owner that a lien will be assessed against their property and such costs will constitute a lien upon the land until paid. Section 4. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, section, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 5. Remedies Cumulative. The remedies provided in this Ordinance are in addition to other remedies and penalties available under provisions of applicable ordinance of the City and the laws of the State of California. Section 6. No mandatory duties created hereby. In adopting this Ordinance, it is the City Council's intent to further and promote the goals set forth in Recitals, Part A, of this Ordinance, but without creating, expressly or by implication, any mandatory or non -delegable duties on the part of the City of Diamond Bar or any of its officers, officials, or employees. Section 7. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three (3) public places within the city of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89-6. ADOPTED AND APPROVED this day of , 1993. Mayor I, LYNDA BURGESS, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on the 20th day of July, 1993, and was finally passed at a regular meeting of the Council of the City of Diamond Bar held on the day of AYES: NOES: ABSENT: , 1993, by the following Roll Call vote: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar