Loading...
HomeMy WebLinkAbout08/17/1993CITY 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 DistactAuditonum 21855 East Copley Drive ease re ain om sma in` ea n or _nn in iR a aunci am ; rs MEETING DATE: AUGUST 17, 1993 MEETING TIME: CLOSED SESSION — 5:00 P.M. REGULAR SESSION — 6:00 P.M. Terrence L. Belanger City Manager Andrew V. Arczynski City Attorney Lynda Burgess City Clerk irop�es of stadfreports or other wrftten documentation: ,relating to each iterrr referr..ed fa an thisagenda are an file in the dffic of the City iCler[c and are; available f�r!publ�c',�nspect�on if you have questions regarding an ageada item, piease contact thO City Clerk at. (eos): e6a 4A. wring. twSaleSshours. The City of Diamond Bar uses HtcYcctu paper and encourages you ru uu v aamc. THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, V(1TT ATNF. r-TVTMr, VOTTR PERMISSION TO BE TELEVISED. Next Resolution No. 93-62 Next Ordinance No. 5 (1993) 1. CLOSED SESSION: 5:00 p.m. May convene to consider: matters of pending litigation (G.C. 54956.9), personnel items (G.C. 54957.6), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspection. 2. CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Miller INVOCATION: Dr. Robert J. Wiley, Jr., Northminster Presbyterian Church ROLL CALL: Councilmen MacBride, Forbing, Werner, Mayor Pro Tem Papen, Mayor Miller 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3.1 Certificate of Appreciation - Captain Lee McCown, Los Angeles County Sheriff, Walnut Station. 3.2 Introduction of Captain Larry L. Waldie, Los Angeles County Sheriff Department, Walnut Station 4. SCHEDULE OF FUTURE EVENTS: 4.1 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. 4.2 Planning Commission - August 23, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.3 Parks & Recreation Commission - August 26, 1993 - 7:00 p.m. - AQMD Hearing Room, 21865 E. Copley Dr. 4.4 CITY OFFICES CLOSED - September 6, 1993 - LABOR DAY 4.5 City Council Meeting - September 7, 1993 - 6:00 p.m. - AQMD Auditorium, 21865 E. Copley Dr. 5. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this aaenda. Please complete a Speaker's Card and give it to M. 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. AUGUST 17, 1993 PAGE 2 7. CONSENT CALENDAR: 6:45 P.M. or earlier. 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. 7.1 APPROVAL OF MINUTES: 7.1.1 Adjourned Regular Meeting of - July 13, 1993 - General Plan Public Hearing - Approve as submitted. 7.1.2 Regular Meeting of July 20, 1993 - approve as submitted. 7.2 WARRANT REGISTER - Approve Warrant Register dated August 17, 1993 in the amount of $302,761.27. 7.3 TREASURER'S REPORT - Month of June, 1993 - Receive & file. 7.4 PLANNING COMMISSION MINUTES - Regular Meeting of July 12, 1993 - Receive & file. 7.5 BOND EXONERATION STREET IMPROVEMENTS - CONDOMINIUM COMPLEX AT 800 S. GRAND AVENUE - The City desires to exonerate the bond posted for street improvements located on Tract No. 51079 (800 S. Grand Ave.). Recommended Action: It is recommended that the City Council exonerate the Certificate of Deposit posted for street improvements on Tract No. 51079. 7.6 BOND EXONERATION - LABOR & MATERIALS - CONDOMINIUM COMPLEX AT 800 S. GRAND AVE., TRACT 51079 - The City desires to exonerate the bond posted for labor and materials referenced in the Subdivision Agreement. Recommended Action: It is recommended that the City Council exonerate the Labor and Materials Bond posted for off-site improvements at 800 S. Grand Ave. in the amount of $50,000. 7.7 BOND REDUCTION - GRADING - 13 LOT SUBDIVISION AT DIAMOND KNOLL LANE IN TRACT 47722 - All rough grading for the 13 building pads at Diamond Knoll have been completed and released by the Public Works Inspector. It is appropriate to reduce the faithful performance, labor and material bonds posted for grading on this Tract. Recommended Action: It is recommended that the City Council reduce the Grading Bond posted for Diamond Knoll, Tract 47722, to $70,000. 7.8 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1993-94 FOR THE CITY OF DIAMOND BAR IN AUGUST 17, 1993 8. PAGE 3 ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE, UNDER PROTEST - As required by Government Code Section 7910, on June 15, 1993, the City Council formally adopted by resolution the Appropriations Limit for Fiscal Year 1993-94. Due to an error in the computation of the Limit, the City Council is being asked to amend Resolution No. 93-15 to reflect the corrected Appropriations Limit. Recommended Action: Adopt Resolution No. 93-15A amending the protested FY 93-94 Appropriations Limit to $12,222,333 from the originally established limit of $12,275,495. 7.9 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEAL, AREA 4 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The City is divided into seven areas as the basis for a road maintenance program that enabling an orderly procession of slurry seal improvement. Continua- tion of this program is desired through implementation of Area Four. Recommended Action: It is recommended that the City Council adopt Resolution No. 93 -XX approving plans and specifications for slurry seal in Area Four and directing the City Clerk to advertise for bids. PUBLIC HEARINGS: Will begin precisely at 7:00 p.m. 8.1 SECOND READING OF ORDINANCE NO. 04(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 - First reading held August 3, 1993. Recommended Action: It is recommended that the City Council approve for second reading by title only Ordinance No. 04 (1993) establishing new requirements and standards relating to alarm systems. 8.2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A BAIL SCHEDULE RELATED TO THE IMPLEMENTATION AND ADMINISTRATION OF ASSEMBLY BILL 408 - On July 1, 1993, Assembly Bill 408 went into effect which decriminalized parking citations, removed processing from the courts and established a system of administrative adjudication for these offenses. Section 40203.5 of the Vehicle Code was amended by AB 408 to read: The schedule of parking penalties for parking violations, late payment penalties, administrative fees and other related charges for parking violations shall be AUGUST 17, 1993 PAGE 4 established by the governing body of the jurisdiction where the notice of violation is issued. Recommended Action: It is recommended that the City Council adopt Resolution No. 93 -XX establishing the parking penalties for parking violations, late payment penalties, administrative fees and related charges for parking violations. 9. NEW BUSINESS: 9.1 AWARD OF CONTRACT FOR CROSSING GUARD SERVICES FOR FY 93-94 - With the expiration of the 1992-93 school year contract for crossing guard services, the City has advertised and received bids from two qualified firms to provide these services for the 1993-94 school year. Staff recommends that the contract be awarded to International Services, Inc., formerly Securicorp International Services, Inc., the lowest responsible bidder. Recommended Action: It is recommended that the City Council award a contract to International Services, Inc. to provide crossing guard services in an amount not to exceed $58,000 for the 1993-94 school year. 9.2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR JANITORIAL SERVICE FOR THE HERITAGE PARK COMMUNITY CENTER IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - With the construction of Heritage Park Community Center almost complete, it is necessary to contract with a janitorial service to provide for routine and specialized custodial services to maintain the building in the best condition possible, after public use of the building begins. Recommended Action: It is recommended that the City Council adopt Resolution No. 93 -XX approving specifications for janitorial services for Heritage Park Community Center and direct the City Clerk to advertise for and receive bids. 9.3 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON DIAMOND BAR BOULEVARD - The Public Works Department has determined, based on information gathered from Southern California Edison and other utility companies, that a district can be formed to underground utility lines on Diamond Bar Boulevard from Temple Avenue to Gold Rush Drive. AUGUST 17, 1993 PAGE 5 Recommended Action: It is recommended that the City Council adopt Resolution No. 93 -XX calling a Public Hearing for September 21, 1993 at 7:00 p.m. for consideration of an underground utility district. 10. ANNOUNCEMENTS: 11. ADJOURNMENT: 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 6:00 p.m. on Tuesday, August 17, 1993. Items for consideration are listed on the attached agenda. I, LYNDA BURGESS, declare as follows: I an 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 17, 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 13th day of August, 1993, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 • FAX 909-861-3117 DRAFT EXCERPT FROM CITY COUNCIL MINUTES OF AUGUST 17, 1993 Transcribed from audio tape 9-15-93 PUBLIC COMMENTS - Mayor Miller: Before I was elected to the City Council, two weeks before I was elected to the City Council, I went to the City Attorney --I mean, I was elected to the City Council but before I was sworn in --I went to the City Attorney at I turned over all my files on the land holding for him to make copies of. I turned over corporate papers, I turned over deeds, I turned over stock issuances, I turned over every related issue and document that would be necessary for any individual, whether it be the FPPC or our City Attorney to make a determination on conflict of interest and ownership. The property was sold, the stock was sold to Mr. Dwight Forrester. Why they did not immediately file corporate changes on the officers of the corporation, I cannot tell you. I sold the property, I sold the stock. It is the new stockholders who own 100% of the stock in the corporation to appoint new officers of the corporation --I'm sure you're familiar with that. The timeframe they used to do that in is unbeknownst to me. Them doing that does not involve me whatsoever. I'm no longer a participant, I have no say, I have no oversight, I have no supervision in the process. I believe LaTisa with the Daily Bulletin spent hours with Mr. Dabney and I believe she had those questions answered in detail because he's their project manager and, I believe, the secretary of their corporation because he signs all the papers for them as they don't live in state and I believe she could probably answer that or --I would prefer that you call Mr. Dabney. I'm sure that he would love to respond to that question. As to the ownership and all the other related documents, I'm going to again ask the City Attorney to go over that in detail --not that the facts will affect the opinion of some people, but I'm trying as hard as I can to affect your opinion and your understanding. I cannot go back to when I was not a City Councilman and change the fact that I owned a piece of property. I cannot go back when I was not a City Councilman and change the fact that I sold a piece of property. But I think, and based on people with the press I've talked to, I did something that was fairly unprecedented. I went before I was elected, back before sworn into office, and turned the files over because at some point in time, if this ever came before the City, I wanted him to have the documents well in advance and I wanted an opinion on whether I had a conflict of interest if that project should come before the City. His opinion was that I had no conflict of interest. I could be involved in the process at the City. I could be involved in the public hearing process at the City Council level. I have always chosen not to do that. Before this ever became a public issue, I GARY G. MILLER PHYLLIS E. PAPEN JOHN A. FORBING DEXTER D. MacBRIDE GARY H. WERNER Mayor Mayor Pro Tem Councilmember Councilmember Councilmember RECYCLED PAPER AUGUST 17, 1993 EXCERPT PAGE 2 issued a letter to the City Council, to Planning Commissioners and staff. Now, they all knew it before that, but I issued a letter that was a public document saying, acknowledging my prior involvement and acknowledging the fact that I had no conflict of interest; however, acknowledging the fact that I would not in any way participate in the process and I have not. If you would like to talk to any staff member, department head --I will let the City Manager, in fact, address this too. I will not speak to any issue regarding the project. The Acting City Manager, Mr. Wentz, when our City Manager was gone, came to me with a question and I was very to the point. I said, that he had been asked by another Councilman to put a project on the agenda, I said I will direct you to place it on the agenda but any other communications or questions regarding that piece of property, I want you to forward those to Mayor Pro Tem Papen because I will have no involvement and no say and no decision on it. Now, I have done everything I legally can. Mr. Forrester bought the stock and, believe me, I was well compensated for that. And I would like the City Attorney to maybe address that in more specificity and then the City Manager if he would too, also address that. Attorney Arczynski: Mr. Mayor and Members of the Council, there isn't a lot I can add to what Mr. Miller just stated. It's correct that over 2 1/2 years ago, documents were provided with regard to issues of potential conflict of interest regarding the piece of property in question. Our analysis indicated that there was no ownership and that upon the running of the appropriate timelines, Mr. Miller would be free to participate in.the process should he choose to do so. That timeline expired over a year and a half ago. Mr. Miller has not participated --he's told the public he won't, he's written letters to that effect. I spoke with a gentleman from the press this afternoon about this very topic --the, what I consider to be a non -issue of someone having been on a document in the Secretary of State's office and it's rather like finding out that a car you sold 2 years ago was used in an armed robbery and having the police say you must have done it because it was your car 2 years ago. All you can do is prove you don't own it. You file the documents and you hope things get done properly; there's not much more you can do. In any event, Mr. Miller does not and hasn't had any interest in that property in over 2 1/2 years. He isn't required to abstain under the law but he's chosen to do so. Mayor Miller: City Manager Manager Belanger: Yes, Mr. Mayor and Members of the City Council. I believe it was somewhere in January of this year, it may have been sooner than that, it may have been even sooner than that, Mayor Miller indicated that he was not going to have any involvement at all in a matter that is known at the staff level in terms of project is the South Pointe Master Plan. He wrote a AUGUST 17, 1993 EXCERPT PAGE 3 letter to that effect and distributed it to the City Council, to the Planning Commission and it has, in fact, been circulated to members of the public who have requested it. What it essentially said is that he has no intention in participating in the process either at the staff level or at the City Council level and the matter hasn't come to the City Council although when it does, Mr. Miller won't be here, he won't be on the dias, he won't be in the room. The meeting will be conducted by the Mayor Pro Tem. That's generally how you deal with recused City Councilmembers-- Councilmembers who step down from the consideration and the process. Mr. Miller has not been involved in the process at a staff level and it would be unusual at this juncture for any Councilmember to be involved at the staff level beyond an informational basis. In short, Mr. Miller has not participated, he will not participate, staff has been instructed to basically build a --and it's a term art --Chinese wall around Mr. Miller when it comes to information related to the South Pointe Project. That's been his request and we're going to honor that request. The process, when it comes to public hearing, when it comes to public hearing will be that Mr. Miller won't be here. Mayor Miller: Regarding the DBA issue, there's a few members of this community --some in this audience, who believe they can have a party at allegations that are unproven and they can use words like bribery and extortion that are not included in a complaint. It seems very strange that DBA took this City to court to get a protective order against all the information provided to the City against them. The City went to court with them last Friday and they lost. Now you have to wonder why a group suing the City wants a protective order against information provided through depositions and through presentations if they have done nothing wrong. We never asked for a protective order. They accusations are scurrilous, they are absolutely without any evidence. I'd like to read the statements of .fact on that issue: "By this application, Plaintiff Diamond Bar Associates, Inc. seeks a protective order relating to documents already produced at a deposition which occurred on July 28, 1993. Defendant, City of Diamond Bar and Councilmembers Gary Miller, collectively as the City, oppose this application upon the basis that there are absolutely no legal grounds for a protective order and upon the basis that a protective order may not be granted ex parte. The facts, as stated below, are attested to in an attached declaration by Robert Owens. DBA is the development company which has a large residential subdivision application denied by unanimous vote of the City Council November 17, 1993. DBA initially sued only the City of Diamond Bar itself and then amended its Complaint to name two Councilmembers personally when the settlement proposals were rejected. The Amended Complaint alleges that these Councilmembers voted against the project because DBA had failed to contribute to one of the Councilmember's election campaign and failed to initiate a AUGUST 17, 1993 EXCERPT PAGE 4 lawsuit against the community's slow growth activist. The only discovery performed by the City thus far has been a deposition and documents requested to Dr. Daniel Buffington. Dr. Buffington is a local podiatrist who was hired by DBA as a political consultant to serve as a go -between --those are his words --between DBA and the City officials relating to the project. At the commencement of Dr. Buffington's deposition and prior to the time the City Council had reviewed the several boxes of documents produced, DBA's counsel represented that the documents and/or deposition transcripts may contain confidential information subject to -a protective order. In a reliance upon this presentation and in order to cooperate with DBA's counsel, the City Council agreed on the record to a 15 -day confidentiality period and a copy of the relevant portion of the deposition transcript is attached as Exhibit "A." During this period, the parties were to identify any truly confidential documents and attempt to agree on non -disclosure of these documents. Neither party has identified any confidential documents and the 15 -day confidential period has now expired. Dr. Buffington is DBA's primary, if not only, witness regarding the harsh personal allegations against the City Councilmembers. His deposition testimony and documents shed serious doubt, to say the least, on the veracity of DBA's allegation. The fact that the allegations were even made by DBA has had severe personal and political repercussions on the individual Councilmember Defendants. Diamond Bar recently adopted a new General Plan which was opposed by a sizeable community faction and a referendum petition is currently being circulated. The General Plan opponents are using DBA's allegation in various flyers and newsletters relating to the General Plan referendum as well as part of the attempt to initiate a recall effort - examples attached. The Defendant Councilmembers are now in possession of evidence refuting the allegation in the Complaint. DBA's desire to prevent the Councilmembers from publicly discussing this evidence while conveniently ignoring the damage it has caused by them simply filing the Complaint. Freedom of speech" --this is not written in here --does not extend to defamation, either slander or libel. So called robust political comments do not extend to intentionally defamatory statements either oral or written. Those individuals or groups that intentionally engage in defamatory conduct should and will be held accountable for such intentional defamatory statements in a court of law. Written correspondence which purpose is to initially defame the business practice of an individual and those defamatory statements are not true and are actionable. Litigation will be filed and litigation, I will say against one individual of this community, is being prepared right, prepared for me to serve them within the next week. There's individuals in this City who think a referendum is appropriate and they have a right to think that. They don't have a right to go on the street and print stuff that says extortion, when Gary Miller was never accused of extortion --that's a AUGUST 17, 1993 EXCERPT PAGE 5 criminal charge. DBA never, in any complaint, ever accused me of extortion. Bribery? DBA never accused Gary Miller of bribery in any lawsuit. That is again a criminal charge. There has been no criminal charges filed against me to date. "Mayor Gary Miller found guilty and fined by California Campaign Statute FPPC Case -- he hid nearly 1/2 of his campaign contributions" is an out and out, willful lie. The FPPC never fined me for hiding campaign contributions. I declared every campaign contributions including a loan made to myself. What they said was I did not file a 24- hour statement in the last two weeks which could have been written ona piece of scratch paper or a telegram. Could have been anything. That is an out and out lie. If people have a cause and the cause is a referendum on the General Plan, the cause either stands by itself or falls but to go on the street corners and say "look at this corrupt City Council" with no evidence, mind you, no evidence --"look at this corrupt City Council" - if they're bad, this referendum must be justified and the General Plan must be bad. If you can't do better than that you should stay home. Either the General Plan is bad or it's good. False, unproven allegations have nothing in the world to do with the General Plan. The allegation of me asking DBA for $20,000 under sworn testimony by Daniel Buffington never occurred. He received a call from Mr. Al LaPeter. Mr. Al LaPeter told him he had promised to give Phyllis Papen $10,000 and he had told her that DBA would give him $20,000. He called Mr. Dan Buffington and told him that. Dan Buffington went to DBA and they said Dan we can't give that kind of money, we still have a project before the City. Dan Buffington then called me and said "Al LaPeter's promised Phyllis $20,000 --would you tell her, call and tell her we can't give it to her." And his quote was I said "You tell her, I'm not getting involved in this." The allegation that I approached him to sue Mr.. Gross. Under sworn testimony, he said he told me they were considering suing Mr. Gross because Mr. Gross had tried to extort them. He said we had five to six other conversations, he said "I never said you either sue Mr. Gross or I won't vote on your project.'.' "He said I never said if you don't sue Mr. Gross I won't vote on your project." Our attorney said "when's the last time you talked to Mr. Miller about Mr. Gross?" He said "we had a meeting in October." He said "where was it at?" He said "Coco's Restaurant." He said "how long was the meeting for and what did you say?" He said "we met for 45 minutes. I told Mr. Miller that our attorneys couldn't find enough, we didn't feel we had enough information to sue Mr. Gross so we weren't going to proceed with it." He said "what did Mr. Miller say?" He said "Mr. Miller said 'that's too bad."' He said "did Mr. _Miller get mad?" "No." "Did he get angry?" "No." "Did Mr. Miller ever mention suing Mr. Gross again?" "No." Closing remarks --"have you ever known Mr. Miller to ask anybody to do anything illegal?" "No." "Have you ever known Mr. Miller to do anything unethical?" "No." "How long have you known Mr. Miller?" 1110 to 12 years." "Have you known Mr. AUGUST 17, 1993 EXCERPT PAGE 6 Miller's vote to be for sale?" "No." That was sworn to in a deposition transcript. Real scurrilous individuals. Some of you people need to be damned ashamed of yourself for trying to ruin the reputation of an individual who did nothing wrong. Mr. Buffington also admitted to a meeting in January before he ever served this lawsuit on us and he remembers very well telling me and he quoted in deposition --let me find, let me think of the exact words --to the line --"If I don't make something happen, this litigation's going to escalate" meaning I'm going to be mentioned personally. My attorney said "what did you mean by 'make something happen'?" And he couldn't respond to it. Now what is it going to do when you go to an elected official and you tell him "we want you to change your vote; we want you to rescind your resolution of approval; we want you to have it turned over to a judge for them to approve the project because we don't trust City Council to approve it; we're going to name the City in a lawsuit and if you don't change your vote, we're going to name you personally, we're going to say you did things you didn't do." And the City was named and I told Mr. Buffington I would not change my vote and when it came before the City Council in numerous public, numerous comments, my opinion was that I will not change my vote and Mr. DBA named me personally. He also said "they had no idea this would ever become public." They thought they would be able to resolve this with the City Council without the public ever knowing about it. That's also in a sworn deposition transcript. If when somebody comes to you and they tell you you better make something happen or we're going, the litigation's going to escalate, I think somebody was being extorted, but I don't think it was the developer. And I'll repeat again, some of you should be damned ashamed of yourselves. I've lived in this community for 22 years. I've never had anybody ever accuse me of bribing or extorting or asking for an illegal dollar and some of you people have such low moral values and such low contempt for the well-being and self-respect of another person that you'll walk on the street corner and hand out scurrilous allegations that have no factual basis or documented proof whatsoever. I have a signed stack of people saying they were told things on the street that my attorney has right now. One individual is going to be sued by me. I've'allowed people to use my name and mix it with mud when I've done nothing wrong. I will no longer allow that. And again, you ought to be damned ashamed of yourself. Next speaker, please. Comments by Phyllis Papen Mayor Miller: I want to add one more thing --I might as well let the whole cat out of the bag. Mr. Buffington kept saying "oh, we weren't considering suing Mr. Gross, we hadn't even contacted an attorney. Although our City Attorney was contacted on numerous occasions by their attorney and we started going through his daily telephone log and had an unusual notation in there. It AUGUST 17, 1993 EXCERPT PAGE 7 said "called Cecil re litigation Gross i.e., pull with D.A." Cecil Mills is the Presiding Judge over the Criminal Courts Division of L.A. County. What does it mean "pull with D.A."? Would the Presiding Judge over the Criminal Courts Division have any pull with the D.A.? If anybody had, he damn well would. Why is there a notation in there and it's boxed in --the call was made. Why would it notate ''re litigation Gross" if they were never planning on suing him and why would it say "i.e., pull with D.A."? Mr. George Barrett, please. Prepared by: Lynda Burgess, City Clerk VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: ---L '- 2 TO: City Clerk FROM: eJ ADDRESS: /76 ORGANIZATION: SUBJECT: C [ C- I I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and adds es.as mitten above. S ianature 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. / f DATE: TO: City Clerk FROM: S2-,, � ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as,-wriptpn above. NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: -9-1-7 TO: City Clerk FROM: ✓l�.�a ( L �, ADDRESS: ORGANIZATION: tthe SUBJECT:I expect to address until on Council Minutes reflect my name a; ect agenda item. Please have the s as-1�ritten 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 :C, /7, � J? TO: City Clerk FROM: ADDRESS: I -1,21f4l ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and c3,ddress as writet above. ture 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: l� ? )z,? TO: City Clerk FROM: ADDRESS: 1 a S2oMti ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and addreswIaPO written above. Signa NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. City Clerk (��5 C &---//VO N /vc-zw SUBJECT: Z (����'� I expect to address the Council on subject agenda item. Please have the Council Minutes reflect my name a Lress as �wi �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. Immediate Release Press Release & From:kiffPsaw ���' Date: August 17, 1993 Subject: Mayor Gary Miller's Involvement with RNP and South Pointe Master Plan Documentation Refuting his Assertions to Daily Bulletin in Article Dated August 16, 1993 Mayor Gary G. Miller, of Diamond Bar, voted on July 27, 1993, to adopt a General Plan for the City which designated the 170 -acre Sandstone Canyon area as proposed for commercial and residential development. As indicated in the August 16, 1993, Daily Bulletin article, Mayor Miller has been linked to RNP Development, Inc., one of the developers of the South Pointe Master Plan. This involvement with one of the developers appears to be a conflict of interest on behalf of the Mayor and may be a violation of California law (Government section 87100). The conflict of interest arises from the fact that Mayor Miller owned the RNP property in his own name from December 1990 to February 1991. In February 1991, the land was transferred to RNP Development Inc. which listed Robert L. Rumsey, Miller's father -in law, as an officer. The article indicates that ownership of the corporation remained with Mr. Miller. Based on Mayor Miller's statements, the article reports that: "In February 1991, Miller sold R -N -P and the land to Dwight Forrister." Furthermore, in response to Lee Schad's expressed concern that Miller's father-in-law remained listed on documents as an executive in the R -N -P corporation until October 1992, Mayor Miller is reported to have responded as follows: "Miller said his father-in-law is not an executive with R -N -P and that it's the county's fault that his father-in-law's name was not immediately removed as an official of R -N -P." In light of the following documentation, Mayor Miller's statements that his and his father- in-law's, Robert L. Rumsey's, involvement in RNP Development, Inc. ("RNP") ended in February 1991 appear not only self-serving but also erroneous and intentionally misleading: 1. The Subdivision Application submitted by RNP to the City of Diamond Bar on September 24, 1991, with respect to Lots 49 and 53 in what is now the South Pointe Master Plan listed RNP as both the owner of the property and the applicant. RNP's Press Release Mayor Gary Miller's Involvement with RNP Documentation Refuting Miller's Assertions August 16, 1993 Page 2 corporate address was listed as 151 Juanita Avenue, Glendora, CA 91740. Per the attached title report, Robert L. Rumsey is the owner of this property and lives at the address. The Subdivision Application was signed by Jan C. Dabney, the project engineer and agent for RNP. Thus, the project engineer acknowledged Mr. Rumsey's involvement in RNP seven (7) months after Mayor Miller claimed he was not involved. 2. Corporation Deed of Trust and Assignment of Rents recorded by RNP with Los Angeles County on April 8, 1992, shows RNP's corporate address as 151 Juanita Avenue, Glendora, California 91740. Again, this was still Mr. Rumsey's address. This deed, which provides security for a loan, was signed by Dwight Forrister, President. Thus, more than a year after Mayor Miller claims his father-in-law ceased to be involved with RNP, the president of RNP was sending the most important legal paperwork to him. 3. The State of California Statement by Domestic Stock Corporation filed by Jan C. Dabney as Secretary of RNP on September 3, 1992, lists the corporate address as 151 Juanita Avenue, Glendora, CA 91740. The corporation was still listing Mr. Rumsey's address as its corporate address nineteen (19) months after Mayor Miller claims that he and Mr. Rumsey ceased to be involved with the corporation. 4. The Agenda for the City of Diamond Bar Planning Commission meeting of April 29, 1993, shows the South Pointe Master Plan as the only agenda item. RNP is listed as one of the applicants and the corporate address listed by Planning Commission staff is 151 Juanita Avenue, Glendora, CA. Thus, two (2) years and two (2) months after Mayor Miller claims that his father-in-law ceased to be involved in RNP, Planning Commission staff who work with the developers acknowledge RNP's corporate address to be the same as Mr. Rumsey's. Furthermore, this was only three (3) months before Mayor Miller voted for the General Plan. Only after growing public awareness of the conflict of interest and within months of the vote on the second General Plan was Mr. Rumsey's address removed from City documents. Mr. Rumsey's address and involvement were clearly reflected on documents for nearly a year after Mayor Miller's vote for the 1992 General Plan which also would have permitted the development of RNP's property. While the officers of RNP are a matter of public record, the owners of the corporation are not. However, if a corporation lists an individual's residence as its principal executive office, it is reasonable to believe that it is either the owner's or the officers' address. Since Mr. Rumsey is no longer an officer of the corporation, it is reasonable to conclude that he is either the owner of RNP or the agent for the original owner of RNP, Mayor Miller. Because the Mayor apparently has a significant conflict of interest with respect to the South Pointe Master Plan and therefore with respect to the General Plan, we believe that the residents of Diamond Bar, who will have to live with the results of the General Plan, Press Release Mayor Gary Miller's Involvement with RNP Documentation Refuting Miller's Assertions August 16, 1993 Page 3 ought to have the right to vote on the General Plan. The referendum for which we are currently collecting signatures would give the residents the right to vote for or against the General Plan. This issue will be raised during the public comment section of the City Council meeting held this evening, August 17th beginning at 6:00 p.m.. The City Council meeting will be held at the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar. For further information and documentation, please call Lee Schad at (909) 595-6316. Attachments: "Complaint Targets Diamond Bar Mayor". Daily Bulletin, August 16, 1993. Corporation Deed of Trust and Assignment of Rents recorded April 8, 1992, by RNP. Subdivision Application by RNP dated September 24, 1991. Statement by Domestic Stock Corporation for RNP dated September 3, 1992. Title Report for 151 Juanita Avenue, Glendora, CA 91740. Agenda for the City of Diamond Bar Planning Commission meeting of April 29, 1993. QT 3 ch Z O ; T �a A ZOwl y v c n 'Dv O L t ro > ^ D roE- a> IU ocd Cd O ccO a rocA� U mrob cL� °'.�' � �•°' a' � 5.a O•� ro U tows ��w CC a�yw N +, Z Q y Ci O cdO� `° C•s m� > aye �. o Z�C�a+'3r¢t C cG O CC O CU -0 O c,E bA O '� '—' O O Ea.> N Co ro U h - v1 �c-� U LZ U V1U p " CU U a-% .O p . O V DO ccn 0 O F o °.ry0 Q■ Y� -.m 0.3 d�:c'' o� H Z O nn n. cn a,D _ — C — cdcu • vs � �; o.o m � o ca a a oarvP•oc m ro>m N CU ...� �• d C U MilneCd co F CC O y� O33;;C6a. CO. y��oU c• �.. aS c.C1 LLJycL�>� ono Z °na+� cav com O roLij Ln C O Cp ..••� p M C n Milne m>0 6&_Cc3o=�o • �ro.oa. coZ cimaE�a Q o � Z O ■MINEaz2."_C JCw Uj "JQ N b. co �.y O C .•. � � �.ro O G Z m N > G N J C C) • :� o J o U cc m Q_ Z J> c p pct 0.0-�R� 2: a. O m� n cu ` 0:: c � X11 v . ►� - Miller hes demonstrated his the two parcels from M.J. Inc. member of the association. "My husband and I bought support fcr the project through nE wspaper articles, let- Brock & Sons, — In January 1991, Miller our house there because we various ters to the editor and in discus- formed R -N -P, Inc., and listed were told the land would not be sions duri ig council meetings. "He been a his father-in-law, Robert L. Rumsey, as an executive in the developed." Dabney echoed those same hits running newspape . campaign in support corporation. concerns, but said the property has to develop of this pr,)ject since 1992," said —In February 1991, Miller owner a right Maxwell. `We don't believe that sold R -N -P and the land to the land. "It is typical for maps on the he should be discussing this a'. all, considering his Dwight Forrister. — From February 1991 to land to be designated future project past involvement with the land. September 1991, Dabney's dia- park and open space," Dabney "So the "We believe that he is cover- ry on the project shows that he said. I believe that homeowners were told that the ing up hi 3 interest in the land, that's why we wanted the had a series of meetings with city officials to discuss develop- land would not be developed. FPPC to investigate," Maxwell ing the land. Dabney also met But the owner of the property for added. Maxwell, 58, said the group with owners of the surrounding land to ask if thev would work has a right to request a map change to allow for devel- filed the 500 -page complaint jointly with R -N -P and the city opment of the property." with the commission last —he to ensure proper development the area, which totals The group alleges that Miller transferred the land to avoid month. commission as a matter (f policy will neither of entire 170 acres. The joint develop- the appearance of a conflict of confirm <,r deny the complaint. Maxwell is a 15 -year resident ment became known as the South Point Master Plan. interest. "If he had asked the city to of the city. In September 1991, Dabney develop the land himself then attended public hearings on the people would suspect that he is Miller said the accusations are just ;another attempt by the general plan in which city asking for special treatment," Lee group, which also started a officials expressed reluctance to earmark the property for devel- said organization member Schad. "We believe that's why recall effort against him, to opment. Forrister is listed as owner of destroy his political career. In November 1991, Miller R -N -P. We believe he is still "Their goal is to have me Miller — was re-elected to the Diamond connected to this land some - kicked off the council," said. `But their allegations do Bar City Council. Miller had how." Miller, president and owner not hold water." stepped down in 1990 to run for the state Senate. His cam- of G. Miller Development Corp., Dabney agreed. paign was unsuccessful. said he sold the property six "Their concerns are unwar- ranted," Dabney said. "As far — In August 1992, R -N -P sub- weeks after he purchased it to earn a profit as a land broker. as I know Gary has no interest in this project and will not mitted a request for a map change to develop the property, "That's what I do," said Miller. "I buy land and sell it benefit from the development at according to Dabney. as a profession. This isn't un - all." — In March 1993, despite usual." According to documents filed opposition from about 200 resi- Schad also said the group is with the commission, the fol- dents, the Planning Commis- concerned that Miller's father - lowing occurred: sion approved the map' change. in-law remained listed on coun- - In October 1990, Miller The maps on the land origi- ty documents as an executive in expressed interest in acquiring nally show building restrictions and proposed that the land be the R -N -P corporation until October 1992. and developing two parcels of land, totalling 78 acres, that lie used for park space. Miller said his father-in-law within the proposed South Members of the Pathfinders is not an executive with R -N -P Pointe Master Plan. At that Homeowners Association, a and that it's the county's fault time Miller hired Dabney to group of residents with homes that his father-in-law's name not immediately removed investigate the developmental potential of the parcels. Dabney in the development area, say they paid additional money for was as an official of R -N -P. told Miller the parcels had the open space surrounding They also said The project has been ap- by the Planning Com - some building restrictions which could be removed by their property. that they were promised it proved mission and awaits final applying for a map change, would not be developed. approval from the City Council. according to a project diary "When I discovered that the The council will conduct public written by Dabney and ob- land was being proposed for hearings later this month. tained by the Daily Bulletin. development I became very an- Miller said he will not partic- - In December 1990, grant gry and very suspicious," said ipate in the meetings and he deeds show that Miller bought Barbara Beach-Crushene, a will not vote on the project. y; . YMUrt wSro +., 1�wwncr) nk nnr. n.awe wW annb du n". vm * eotoo .W � •�tppl �pstOKWi rw kolow Od = d 3. -r, "W:43 2vv oh '-,I bWWF•cA&y w adrd rrc rw tl.• «..Nwrytn Itl ►Min«M d M naVcranw aw nm ti Ow pr-o4r ow" a d 650,000.00 9 ' d a+M dar hrwMh pprryy a W any �rl.ulo�tl a r.+.wW •'wad; fs1 M WYi^NA d nnnr ffW r Y Md /Mr ira `-. adwwa q nM Mraolary� Tnraarw,00aaada, ..an ►r.Mn •raon .Me«aw py adOa.rl ndaa (nndaaarq n11ay ars wall gwnrnt d y r aaol/tdl a q andaernwM en Mnow. ww iod q Thwbr w W► rrowwa: (31 o«tornww� o:,= syr, 7ww►i. Y.00rporard q rda.ar.r hs/Mh. "7` •�>_ pn CkanMr >b, 1.77. M•arsolrl Nollaottt Daaaa d Trull 1..a radddad ti M 01F0s+) d M Na00.d.1 d M OarNM d M . *d y(z ,- �Idr GMOmr. to Covrlr RdoOrOr M 000M art aa•+ COURY am* •a•a OOIMTY am& Pa•a COUNTY as" pa•a '" N„ 7•Nf Lri �q KMf rpiw 1� 6446 43 •dw� Nt k W M7 Lr "1 N7 10Ne M Im /NUN Mt Iri =Amp /7rni• a AmA� a NII** ni M /•�.• Ni+�i Iw Mrt •N. + aI• MT 1•.r 7TN Nt7 awr So"WO" pN m fMlawy m on �ri �w�Y� Cllr 1'/7f 17• 14ryrr tat TUT Mn 1'.m. MN W n1r.MY N/ 1N a - pd Mom 174 W rrMAM W Ht Mh N NH• • TuMt 1171 �q l•N !M 2 it arwr /W •N 11w�N IMO ft1 M Li IM Mt Twrrtt Nn sit Ned" m •n YMr M•I an V.-k"+ata on fww N M >: aMon its Naas 1M 71• drat emb" NN /fN Yoe MI m na 7t Cl.. Nt• r13w •M oi rt.2 - Ok-"s Ms iT rMlry • a" 1Mrl,Nr 1.7• a•1 MM• 777 M ons 33" 744 7M• Ma. rY'a 71• ••• M�.Ma Mf a07 11" 7q W cup MOM ' Ita.a an NN O7wy "MI M Wn• N W - t N�y�yy� �p� � y�� ��.ry�y� �n�yn' N�rw� � ��r,� ti Nyf wa.S a driW Mnaw D••d•b/ TtiN dY110M�a {w.�Nn Ma� tN MtrtA Mrd to MA M•Yan A�pn•yrpin a. W to 1M 4N�� bdon •pM •1• to" awd M "N swell rTnow0pr�•y� NMy rW •NSM Id NsnWMy ••n0 N Mrw M! r TnIMOr N /w ' ad*$"N I ­WWW amN1 arR OdnC M a001M• •NgrrrO Id ro of � ./TAT[ 01.f ff2 aa. CO'++LAM�1r•�/nr•YKdMKaNsgrra,aMntrr y on!�,�� Dwight F rrts r, President nt- Mr rw cwwlry nN IN M�aMW N•+arad yri ' w1o.n Is A1• r a ti ►.re.w a% R -N -P Devetopa•nt Inc.,k"W"r ` nw r be ;. .: of aw a•na•.aNn OW an • CG l t Porn 1 a Corpora t t on '- : ? oUft ohftO90 VAO*s iaw•eM •rel1W�WM� Y1Mrw.Mt on °wow* WINroil l�O'rAwv MAL on fTMN MW Sovowiefted to " *at nlaa0ndad eta 1n0•n6OWWMF4 wMFA.r r ;:tar r • lNdlarl b d d bdan. '� wMal ��ert N uu•ll ._ .. - .. -_., a ^ ,' �-�. ll 13.\li O F PLA NNC'FLN G zibh rte. Copley Drive Suite. 190 r�(714_; _ =♦( -5676 Fax (714)861-7427 SUED CN'ISION APPLICATION Record Owner(s) Name �_N-P Developemnt Inc. Last name first) Address 151 Juanita Avenue cit-,. Glendora, Ca. 91740 Filed Fee S Receipt By Applicant Applicant's Agent R -N -P Development Inc. J.c. Dabney & Associates 151 Juanita Avenue 671 S. Brea Canyon Rd. #5 Glendora, Ca. 91740 Walnut, Ca. 91789 ziP— l 594-7568 (714) 594-7568 (714) 594-7568 Phone; ) ( ) ( ) (Attach separate sheet if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) CONSENT: I consent to the submission of -the application accompanying this request. Signed Date (All recorded owners) CERTIFICATION: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Printed Name Jan C. Dabney (App cant or Agent) Signed Dates, (Applicant or Ag t) Location Lot 49, Tract No. 32576 & Lot 53, Tract No. 35742 (Street address or tract and lot number) between Brea Canyon Road and Shaded Wood (Street) (Street) zoning RPD 10.000 6U HNM 108H329/108H333 Previous Cases N/A Present UseofSite Vacant Use applied for Mixed use - Commercial/Residential Domestic water Source Walnut Valley Water Company/District Walnut Valley Water Dist. Method of Sewage Disposal L.A. Sewer System Sanitation District L.A County 15^ Next Resolution No. 93-15 AGENDA CM -OF DIAMOND BAR PLANNING COMIvEMON SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AUDITORIUM 21865 E. COPLEY DRIVE DIAMOND BAR, CA 91765 April 29, 1993 CALL TO ORDER: 7:00 pm PLEDGE OF ALLEGIANCE ROLL CALL: COMMISSIONERS: Chairman Bruce Flamenbaum, Vice Chairman David Meyer, Jack Grothe, Michael Li, and Lydia Plunk MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntary. There is a five minute maximum time limit when addressing the Plannina Commission. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: None OLD BUSINESS: None NEW BUSINES None CONTINUED PUBLIC HEARINGS: 1. General Plan Amendment No. 92-2; Development Agreement Nos. 92-1, 2, and 3; Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree Permit No. 92-8; Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, Zone Change No. 91-2 and Oak Tree Permit No. 91-2; Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12; Oak Tree Permit No. 92-9; the South Pointe Master Plan; and Environmental Impact Report No. 92-1. This is a request 1 .� 99 for approval of a mixed use project consisting of land uses which include residential, commercial, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Road, west of Brea Canyon=Road, east of Morning Sun Drive, and south of Rapid View Drive. The project proposes to.develop 30 %acres of commercial retail/ -office space of 290,000 square feet; 200 single-family detached residential dwelling units, a 20 acre neighborhood park; and the construction of a permanent, 30 acre, middle school. Public Hearing continued from April 26, 1993. Applicants: (1) R -n -P Development, Inc., 151 Juanita Avenue, Glendora, CA 91740; (2) Arciero and Son's, Inc., 950 North Tustin, Anaheim, CA 92807; (3) Sasak Corporation, 858 W. 9th St., Upland, CA 91785; (4) City of Diamond Bar, 21660 E. Copley Dr. Ste 100, Diamond Bar, CA 91765. Environmental Determination: Pursuant to the terms of California Environmental Quality Act (CEQA), the City ,has determined that this project requires an Environmental Impact Report. INFORMATIONAL ITEMS: None ANNOUNCEMENTS: None ADJOURNMENT: May 10, 1993 ft DEPT 1 1 i NOV 40 E E 0 T.Cl.D 11 7.0- 40 TAX YEAR --r-AYTIEN I Z WE OF USE: 0101 REGIQN: 0,.:. YEAR 47/5% 1 ZONE: GDR i x S Q, F DES --C Lrj,r t !FTRfCT # 5 11 t.).Sc-5 AC ON N L47 i,rus.- "I wi ANTTA AVE GLENDORA CA P.QS7AL CODE: MAIL: lel W J.Uf-,NlTA AVE GLENDORA CA "1 fi4r1 — –*– 7 AISSESSED ---- AV RUMSEY,ROBERT L,.*,%F-VELYP4 M LAND :2'-'1977 To,rAL 76.8-. 6' IMFIVS 5 ;_4 IST INS 4. .31: w. -ND IES 3 �j: 4 - Z! 2ND PEI i, 43.4. SPL 40.00 14.5� SPL S"_:;O . 11 5.0( 000 'SO; 'SPL, - 7 60 1 CITY:' GLE&NDORA 2-7 NET Piz %,60 1 A -CL:MEN7*-- PA I D Nom:: d. Z, M=NUTES of THE cr DRAFT xx wvrrcii, ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 13, 1993 1. CALL TO ORDER: M/Miller called the meeting to order at 7:03 p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Miller. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, 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 consultant team, consisting of Dale Beland, Cotton/Beland Assoc. and Michael Jenkins, Richards, Watson & Gershon, would review changes to the base 1992 General Plan document, as well as discuss some major significant issues within the Plan. He recommended that the City Council provide comment to the General Plan document, receive testimony from the public, and continue the Public Hearing to July 20, 1993. CDD/DeStefano reported that this is the eighth Public Hearing to give an opportunity for the public to provide testimony and receive a presentation on the General Plan. As a result of a variety of comments received and direction provided by the City Council, staff 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 the General Plan and the prior document utilized by the City, as well as a number of typographical corrections and changes made for internal consistency. Dale Beland summarized the following significant areas of change contained in the Plan: 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, of 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 the Council with respect to items already in State and regional transportation implementation programs; a line on the map is not being proposed at this time because the City JULY 13, 1993 PAGE 2 first needs to work with those that have the authority to implement transportation projects at regional and State levels, 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, identi- fying 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 commun- ity, that the City will play a proactive role in its preservation by assuring that extensive analysis and review precede any changes from its current uses and activities, a statement relating to the regional traffic impact problem and 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 opportunities for its citizens. Introduction: 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 to SEA #15 and its significance; a statement on how the General Plan responds to the concern that taxpayers finance virtually all governmental activities and programs. He pointed out that it was been recommended that the MEA be excluded from the Plan and maintained as an administrative data base. Land Use Element: the addition of a section called Potential Regional Impacts listing areas outside the City's boundaries insofar as they affect the planning of the community; dealing with the issue of deed restriction status and the open space definition and preservation; including recreational properties in the broad context of open space and which sets up, as Plan policy, the need for the Plan to categorize these in 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 via circulation; modifies Goal One 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 JULY 13, 1993 PAGE 3 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 Two 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 affect the City, and evaluate the potential impacts upon the City of major proposed regional development; and the appropriate revisions to the Land Use Map. Housing Element: 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 1,900 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. Resource Management Element: Tree Preservation Ordinance t indigenous trees; a strategy to corridors; definition of mature add a strategy to discuss with th add new language to develop a o preserve, where practical, provide access and migration oak, walnut, and pepper trees; neighboring jurisdictions and o er 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. JULY 13, 1993 PAGE 4 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 the document, the MEA, and the EIR. 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 1,900 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 language pertaining to Tonner Canyon; add 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 transpor- tation 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 the Diamond Ranch High School site on surrounding residential neighbor- hoods; add strategy to synchronize signals on Grand Ave. through the City in adjacent communities; 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 a residential collector and west of route 57 as collector cul- de-sac. Public Services and Facilities Element: either word changes describing "Element" instead of "Plan for Community Development", etc. or to items under Goal One pertaining to JULY 13, 1993 PAGE 5 working with the City of Industry to facilitate redevelopment of the reclaimed water reservoir, and similar proposals. Mr. Beland stated that he did not review typographical changes, nor wording changes that do not affect 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. RECONVENE: 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. Mr. Beland stated that condominiums would be considered single family attached and apartment buildings would be considered multiple family units. In response to C/Werner, Mr. Beland 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. Tom Van Winkle requested that "where practical" be deleted from strategy 1.1.10, page III -10. Don Schad requested the following: delete "where practical" from strategy 1.1.10, page III -10; add a specific time frame for completion to strategy 1.1.10; add "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. Gary Neely, 344 Canoecove, made the following comments: why was the MEA removed; existing land use is still not accurately JULY 13, 1993 PAGE 6 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-Courchesne made the following comments: terms such as "feasible" and "practical" should 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, 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, 600 Boxcove, 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 of Fountain Springs and Diamond Bar Blvd. is a professional office and the one on the left is a public facility. Wilbur Smith, 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 on July 13 to discuss the regional bypass/Tonner Canyon issue, and to resolve some of the differing viewpoints regarding that issue. Following the meeting, there was agreement from the subcommittee that the JULY 13, 1993 PAGE 7 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 systems 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 bypass 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 bypass 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 bypass 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 concurred that there should be a proactive effort on the part of the City to work with other jurisdictions that would take part in the decision making and the financing of such a roadway, if it were ever to be developed. He 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 JULY 13, 1993 PAGE 8 the General Plan made available for public review. He then pointed out that the vision statement on pages 1 & 2 give an immediate feeling of the thrust of the entire General Plan, and that page 17 on Economics includes a statement indicating that the City faces all economic issues with an eye toward 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 concern that the "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. In response to a comment made by Mr. Maxwell, she stated that she feels it is more appropriate to show the original boundaries on the SEA map, not just the existing boundaries. In response to a comment made by Mr. Schad, she 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 tree 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 has 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 agreed 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 JULY 13, 1993 Preservation Ordinance." PAGE 9 MPT/Papen expressed 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, at 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. M/Miller directed staff to take the comments made at this meeting and make necessary administrative changes to the document. 3. ANNOUNCEMENTS: C/Forbing announced that the City is expanding its computer system. Any resident possessing bulletin -type information that is of general interest to the community should contact Troy Butzlaff at City Hall. 4. ADJOURNMENT: At 9:15 p.m., M/Miller declared the Public Hearing continued to July 20, 1993 at 7:00 p.m. in the Auditorium of the AQMD, 21865 E. Copley Drive, Diamond Bar. ATTEST: Mayor LYNDA BURGESS, City Clerk 2. MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 20, 1993 CLOSED SESSION: 5:00 p.m. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 The City Attorney indicated that no action was taken. CALL TO ORDER: Mayor Miller called the meeting to order at 6:11 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Miller. INVOCATION: The invocation was presented by Reverend Mark Hopper of Evangelical Free Church. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen Forbina. Werner, and MacBride. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3.1 Certificates of Recognition to Winners of the 1993 Diamond Bar Jr. Women's Club Annual Spelling Bee - M/Miller presented certificates of recognition to First Place Winner Eric Laine of Maple Hill School, Second Place Winner Chelsea Ray of Quail Summit School, and Third Place Winner Sean Stroud of Golden Springs School. 3.2 Presentation regarding Municipal Water District Rates - Ed Biederman, General Manager, Walnut Valley Water District, explained that the Walnut Valley Water District (WVWD) has had to raise rates as a direct result of a 9.7% increase by the Metropolitan Water District (MWD). In looking at ways to cut costs, the WVWD has reduced its operational budget by 2.5%, and personnel by 9% over the past year, holding rate increases to a minimum. However, since the MVWD now has sufficient funds to build out the distribution storage, the reservoir capacity charge will be eliminated as of October 1, 1993. Furthermore, in an attempt to get cheaper water which is not purchased from the MWD, the WVWD is negotiating with Laverne to purchase high nitrate water to blend in the pipeline, meeting or exceeding health standards, negotiating with Pomona for use of their nitrate treatment plant, negotiating with the upper San Gabriel Valley Water District to get rising water credit and negotiating with the Valencia Heights Water Company to use their well to cycle storage. In response to MPT/Papen, Mr. Biederman explained that the $10.00 per parcel increase by the Three Valleys JULY 20, 1993 PAGE 4 Conditional Use Permit and Development Review permitting construction of a 6,756 sq. ft. single story restaurant (Hamburger Hamlet) with a lounge/bar and patio dining. The appeal is based on issues involving hours of opera- tion, sale and on-site consumption of alcoholic bever- ages, security, parking driveway access, continued expansion of the shopping center, truck traffic, noise, on-site parking, soil remediation and the location of the restaurant within the existing retail shopping enter identified as the Country Hills Towne Center, 2757 S. D.B. Blvd. He recommended that the City Council deny the appeal and uphold the Planning Commission's decision approving the restaurant use. C/Werner asked if there had been any security problems that occurred in the past 18 months on the subject property and, if so, had the shopping center management adequately dealt with those issues in coordination with the Sheriff Department. He then inquired if the problem of soil remediation was handled at the time of approval for the construction of Dr. Cho's building. CDD/DeStefano stated that, following approval granted by the County to construct the project, there was a request, through the developer to the City, to respond to specific requirements needed in order to remediate the site of contaminates which came from a Chevron tank. The City reviewed that application and through a CUP process, approved a remediation plan mid-1990. The nature of the problem does not require full mitigation prior to any construction. The site must be cleaned up to the satisfaction of the Regional Water Quality Control Board. MPT/Papen, noting a discrepancy in the staff report, inquired into the exact number of seats in the restaurant and in the lounge. She also asked if the City's Noise Ordinance provides for outdoor music. CDD/DeStefano responded that the City's Ordinance would provide for outdoor music as long as it did not exceed the maximum decibel level. The Planning Commission, following discussion regarding the noise issue, felt that music would be appropriate within the outdoor patio area as long as it did not exceed the noise standard. Staff will verify the specific number of seats in the restaurant and the lounge. MPT/Papen, noting that the application stated that the use would be a restaurant and lounge with no live entertainment in the lounge, inquired if there is a specific condition in the conditions of approval restricting entertainment in the facility. CDD/DeStefano stated that it was clearly the intent of staff's recommendation and the Planning Commission's JULY 20, 1993 PAGE 5 action that no entertainment be utilized within this site. To further clarify that intent, a condition specifically prohibiting entertainment use could be added to the report. M/Miller opened the Public Hearing. Dr. Pamela Anderson discussed the association between alcohol availability and alcohol-related problems, such as health, accidents, and violence. The medical litera- ture on alcohol availability has looked at the impact of bars on the community. One study showed that an increase in on -premise outlets contributed significantly to increases in alcohol consumption in the community, which lead to an increase in violence and trauma. In regard to the issue regarding soil contamination, she noted that benzene, which is a major contaminate in that mixture of chemicals, is well documented to have a link to cancer in both humans and animals. Robert Gannon, 2641 Rising Star Drive, stated that he is not opposed to Hamburger Hamlet but only to the proposed location. He presented pictures supporting his state- ments. The following are the reasons for his opposition: there would be insufficient parking for this large rest- aurant and bar since the Krikorian Theater, during peak periods, takes up all available parking at the north end of the Country Hills Towne Center; there will not be a turnover of parking since people will be at the cinema and then dining; people will park on Fountain Springs and in front of the homes because it will be closer to the theater and an easier exit; bar patrons will park among restaurant and theater goers; drinking behavior should not be displayed before impressionable youth, which frequent that center; the north side of the center is becoming overdeveloped; and the nuisance type businesses are put on the north side, which is too close to the residential neighborhood. If the Hamburger Hamlet pro- ject is to be approved, he requested that the following stipulations be made: the patio area should be fully enclosed in glass to mitigate the noise inside the bar; the musak is acceptable but paging should not be per- mitted; and the last pad should not be allowed to be developed until the full effect of the restaurant on the shopping center on the residential area has been determined. Eileen Ansari, 1823 S. Cliffbranch, stated that she was not opposed to Hamburger Hamlet but opposed to the proposed location and made the following comments: parking spaces behind the theater are not being used because it is not marked or well lit; the parking center generally north is constantly full; Hamburger Hamlet should be situated in the center of the parking lot to evenly distribute the parking and the traffic; these JULY 20, 1993 PAGE 6 types of restaurants are not usually located within a residential areas; and the residential neighborhoods will serve to accommodate overflow traffic. Frank Dursa, 2533 Harmony Hill Dr., stated that because parking is the major problem in the area, the restaurant cannot be located as proposed. Nick Anis, 1125 Bramford Court, pointed out that it is unfair to characterize this family restaurant as a bar or tavern, or to dictate if it should be allowed to serve alcohol. The center needs businesses, particularly during these hard economic times, and the restaurant should be approved as long as it meets community standards. Max Maxwell made the following comments: the area already has problem with crime; the City should not allow alcohol at all; the Anderson's concerns should be well considered; people do not park in the rear of the parking center; and the Hamburger Hamlet would be better located at the Gateway Corporate Center, creating a restaurant row. Tom Van Winkle stated that the residents have the right to restrict drinking in the City, particularly within a residential area. Since dinners will not be served past 12:00 midnight, and the restaurant remains open till 2:00 a.m., then it is safe to characterize this facility as a bar and restaurant. Don Schad concurred that a bar in a residential area has a potential to create a lot of problems in the long range. Barbara Beach-Courchesne pointed out that such restau- rants as Hamburger Hamlet are usually located on a restaurant row configuration or a clearly defined business district, not around a residential neighborhood. Steve Nice, opposed to the proposed location of Hamburger Hamlet, expressed concern regarding the possible increase in the alcohol related trauma and violence in the area, the noise created by the open bar and lounge, construc- tion of a lot that has been identified as containing unacceptable levels of ground contaminants, traffic flow, traffic on residential streets, and inadequate parking. He pointed out that the south side of the parking lot is often empty, while the north side is full to capacity, some parking illegally, indicating that people do not want to park at the Alpha Beta side of the center. In the event that the project is approved, he requested the following conditions: a parking study and environmental impact report; a complete cleanup of the ground water and hazardous contaminants prior to any additional construc- JULY 20, 1993 PAGE 7 tion; enclosure of the lounge; turn the remaining unoc- cupied areas of the center into parking in an attempt to prevent parking on residential streets; close the drive- way on Fountain Springs to vehicle traffic; and adequate security presence. Michael Lowe, 1124 Cleghorn, pointed out that Hamburger Hamlet is a nice restaurant and the City needs a nice place to go locally in the evening. This is not a temperance zone. Ken Anderson stated that he will reserve comment until after the applicant's testimony. Mark Wyman, Executive vice President and Chief Operating Officer for Landsing Pacific Fund, the owners of Country Hills Towne Center, indicated that they agreed to the terms of a Hamburger Hamlet lease with the knowledge that doing so would benefit the other tenants and merchants in the center, who are having a difficult time during this hard economic period. Tom Wolff, Development Manager for Country Hills Towne Center, stated that the staff report addresses each of the issues raised by the Andersons, finding those arguments largely without much merit. The Planning Commission's recommendation and decision is supported, with one exception. He requested that the Council remove the requirement for a traffic signal at Fountain Springs/ D.B. Blvd. or a $20,000 contribution to be paid for because no such decision was made at the Planning Commission meeting. He stated that they have qualified technical people present who can support the staff report. Paul Brockman, President of Hamburger Hamlet Restaurants, stated that Hamburger Hamlet is a full service restaur- ant, with an emphasis on good, healthy food. He presented slides showing the inside and outside of some of their other facilities in various areas. He then made the following responses to the concerns raised: the hours of operation are proposed to be from 11:00 a.m. to 11:00 p.m. Sunday -Thursday, and 11:00 a.m. to 2:00 a.m. Friday and Saturday, closing the restaurant at 12:00 midnight; the intent of remaining open to 2:00 a.m. is to allow the patron time to finish his meal, and they would not object to a 12:00 midnight closing as long as the patron is allowed to finish the meal and drink ordered; Hamburger Hamlet will not, under any circumstances, build the restaurant unless the soil is certified clean; if paging makes too much noise, then they will stop; however, guests do need to be notified; the wall around the patio will help mitigate the noise, but there is no intent to enclose the patio; they will work with the developer to mitigate traffic and parking; and this is a JULY 20, 1993 PAGE 8 restaurant, not a bar, and the purpose of the alcoholic drinks are to supplement the food. In response to C/Werner, Mr. Brockman responded that this proposed restaurant is the same kind of establishment as the one in Pasadena, Wilshire Blvd., and several other locations. All restaurants are company owned. The lease with Landsing Pacific is for 20 years, with three 5 year options. In response to MPT/Papen, Mr. Brockman responded that they will hire approximately 75 people. The patio seating is an addition to the seats inside and will only be used during good weather conditions. There will not be any live entertainment, only TVs with no sound, broadcasting usually only sporting events, and musak in the background. MPT/Papen suggested that it would be appropriate to include some language, in the resolution, regarding the types of entertainment allowed or not allowed. C/Werner requested that there be a condition that the restaurant will close at 12:00 midnight on Friday and Saturday, provided that the patrons inside have time to finish their meal. Mr. Brockman, in response to M/Miller, explained that the reason the patio area will not be enclosed is because this restaurant is large enough to accommodate seating inside. Bill Fraiselle, principal Engineer with PES Environmental Inc., Novato, addressing the soil remediation concern, stated that Chevron is in the process of continuing their investigation/remediation efforts on the subject project, with the approval of the Regional Water Quality Control Board whose primary emphasis, on this site and other sites with leaking underground tanks, is for the protection of beneficial uses of ground water. Of the 7 water samples taken, there were three, in close proxim- ity, to the north end of the property, adjacent to the former station, that showed trace levels of gasoline and some of it's constituents. Of the 3 water samples taken of the south end of the property, no detectable concen- trations of gasoline or it's constituents were shown, indicating that it has not migrated very far and that it is relatively contained on the north side of the parcel and in very low, dissolved concentration. In the un- likely event that any vapor did occur, the development of the Hamburger Hamlet site incorporates a slab on grade foundation with a ten mil layer of visquene, which is designed as a moisture barrier that would essential act as a vapor barrier. Any efforts that are being put forth by Chevron on the remediation of the residual contamina- JULY 20, 1993 PAGE 9 tion will not have any impact on the development. Rock Miller, a Traffic & Transportation Engineer with Rock Miller & Associates, made the following comments: there is an excess of 1,000 total parking stalls in the center; the area immediately in front of the theater is heavily used, and all remaining areas of the center to be lightly or moderately used depending upon if it is day or night; about 8 months of the year, theater usage is any- where from 70% to 50% of what is currently occurring; usage of parking for the Hamburger Hamlet and the theater will be evenly distributed throughout the center; most of the additional parking that will occur as a result of all the uses will occur generally to the south of Hamburger Hamlet on both sides of the main aisle; and there was approximately 400 cars in the whole center during the peak of hours of the theater. C/Werner inquired if there could be some introduction of pedestrian walkways to provide a greater level of safety for pedestrians. Rock Miller stated that since the parking lot is laid out with the minimum distance between the parking aisles, any pedestrian ways introduced would substantially disrupt the configuration of the current parking lot. However, the main entrance is unusually large, and if there is. a future action to remodel parking, there might be a poss- bility to put in some sidewalks. Rock Miller, in response to C/MacBride, stated that it is unlikely that people will park in the residential area without first looking to park elsewhere in the center. Tom Wolff, in response to MPT/Papen, stated that, under the CUP for the Speedee Oil and Lube, there was instruc- tion to build a sidewalk, and to narrow the entrance on Fountain Springs, making it ingress only. We would be willing to build the sidewalk and make the one ramp in before the construction of Hamburger Hamlet, if so desired. MPT/Papen inquired why it has taken so long to place signs in the center indicating parking in the rear of the building, as well as improving the lighting there. Tom Wolff stated that such signs, indicating parking behind the theater, as well as increasing the lighting in the rear, were requirements under the terms of the CUP for the Speedee Lube. Those will be done before con- struction is completed. Tracy Moranic, an Environmental Engineer with Chevron, in response to C/MacBride, stated that two soil samples were taken on the Hamburger Hamlet property at 2.5 feet, and JULY 20, 1993 PAGE 10 both came out as nondetectables. She confirmed that the problem is so minimal that construction on the site is feasible. Mark Wyman, in response to C/Werner, stated that one of the conditions of Alpha Beta for the improvements to their store was that no obstruction to their view corridor would occur. There are no other alternative locations for this restaurant at Country Hills Towne Center. C/Werner suggested that Country Hills Towne Center consider converting the last remaining site to parking. Tom Wolff stated that they will make every effort to make greater utilization of the 147 spaces available, and to try to reduce the impact on the area in front of the Krikorian theater and the neighborhood in general. ICE/Wentz, in response to MPT/Papen, stated that since there is a condition in place to restrict the Fountain Springs access into the center to ingress only, the traffic signal at Fountain Springs and D.B. Blvd. would not be necessary from an engineering point of view. Such a condition would have a significant impact upon reducing the potential for traffic at that intersection. C/Forbing suggested that there be a condition that employees be required to park behind the theater. Tom Wolff stated that they will attempt to encourage all business within the center, by educational programs, to have employees use the parking in the rear. C/Werner, noting that the staff report indicates that there will be a redesign of the front driveway, suggested that a resolution to the pedestrian safety issue be incorporated into the redesign of that driveway, somehow resolving the issue prior to any proposal to that last site. Paul Brockman noted that they routinely instruct all employees to park as far away from the restaurant as possible. He then requested that the restaurant be allowed to open at 10:00 a.m. on Sunday for brunch, not 11:00 a.m., which was an error on the original application. Ken Anderson made the following comments: there are actually 990 spaces on the property; the CUP 87-2, which approved the Krikorian theater, already covers such issues as the location of the driveway, the employee parking in the rear, and security; CUP 87-2, condition 8- L, also states that "This grant does not permit the establishment of a cocktail lounge or bar within the JULY 20, 1993 PAGE 11 shopping center."; the standing water found on the site is coming from the broken sprinkler head, therefore, that water sample would undoubtedly not show any contaminants; the dance studio at Dr. Cho's building, which is 18 feet from the chimney stack, will have to be relocated so that the machine can begin to operate to mitigate the soil contamination; parking is an issue that needs to be resolved; other Hamburger Hamlet restaurants, as shown on the slides by Mr. Brockman, close on or before 11:00 P.M. and are not near a residential neighborhood; and alcohol is an issue in our community. Eileen Ansari, 1823 S. Cliff Branch, stated there is no indication that there is parking behind the theater. It appears that Alpha Beta is holding the shopping center hostage with their unreasonable demand that nothing be placed in their line of sight. CDD/DeStefano, in response to C/Werner, stated that, following staff's physical count of the site, the results indicate that there are 1,019 space on site. C/Werner stated that he feels that all of the issues regarding parking, the alcohol restaurant/bar issue, and the hours of operation have been satisfied. It is the function for the management of the shopping center to properly light and sign to make the rear parking spaces more accessible and safe, and a condition should adequately require that this occur with this project. Hamburger Hamlet is an upscale operation that will bring business to the shopping center, and benefit the community. C/Werner requested that the conditions of approval be amended as follows: indicate that the hours of operation will be from 11:00 a.m. to 12:00 midnight on Friday and Saturday, allowing time for patrons to finish eating, and open at 10:00 a.m. on Sundays as was requested by the applicant; food should always be served any time that the restaurant is open; and the 3 foot patio wall should have some plexiglass screen on top of it to provide a noise barrier, or some landscaping that would grow taller than the wall. Staff is to conduct a continuing investigation to assure that the issue regarding the soil contamination is resolved. There being no further testimony offered, M/Miller closed the Public Hearing. Motion was made by C/Werner and seconded by MPT/Papen to deny the appeal and approve the restaurant use, as amended. M/Miller requested the following to be added to the motion: a condition that the driveway on Fountain Springs be made one way only; a condition that the center install proper signage indicating that parking is JULY 20, 1993 PAGE 12 available in the rear; and remove the $20,000 contribution for the signal. CA/Arczynski suggested that it may be appropriate to include a condition to require that Hamburger Hamlet instruct and enforce parking by its employees in the back of the theater, as well as require the center management to bring back to the Council, within 30 - 60 days, a Parking Management Plan to ensure parking by other center tenant employees in that area. CDD/DeStefano recommended that a condition be added for the development of easily accessible, safe, secure parking spaces generally behind the theater, to be implemented prior to occupancy of the restaurant. A Parking Management Plan, to have employees park in the back, or the utilization of the back spaces for additional patrons of the business that exist within the center, can be a condition to be part of the overall reconfiguration of the main entrance discussed. He summarized the following amendments to the resolution: revise condition (d) to indicate the hours of operation to be Sunday from 10:00 a.m. to 11:00 p.m., Monday - Thursday 11:00 a.m. to 11:00 p.m., and Friday and Saturday from 11:00 a.m. to 12:00 midnight; condition (e) will indicate that there will be no deliveries between the hours of 6:00 p.m. to 8:00 a.m.; add ..no amplified music within the outdoor patio/dining area" to condition (g); add condition (q) stating that the applicant shall provide a sidewalk at Fountain Springs Road driveway of the retail shopping center, to begin at the top of the driveway and continue to the parking area below, and meet with the existing bomonite crosswalk; add condition (r) to state that the Fountain Springs Road driveway shall be utilized for ingress only and the applicant shall redesign and provide required signage and striping for this change to the specifications of the City Engineer prior to final occupancy of the restaurant; add condition (s) stating that the applicant shall repair and improve the parking lot within the area to the rear of the theater, slurry seal, etc. and restripe the parking lot area to the specifications of the City Engineer; add condition (t) to state that the applicant shall improve the parking lot in the area generally known as the rear of the theater, install additional lighting, signage, to encourage utilization of the parking spaces, and to ensure the safety of the patrons prior to the issuance of a certificate of occupancy and to the satisfaction of the City Engineer; add condition (u) to state that the applicant shall comply with all standards required by the California Region of Water Quality Control Board and the City to remediate the ground water and/or soil contamination prior to the issuance of building permits; add a condition that the building use shall not incorporate any live entertainment; that the applicant JULY 20, 1993 PAGE 13 shall develop and implement a Parking Management Plan whereby employees are directed to park in the rear of the center as part of the reconfiguration of the main entrance, and that said Parking Management Plan shall be submitted to the City's Planning Commission within 6 months of the date of this approval; and a condition that if the Speedee Lube is not built, that area should be replaced with the parking stalls that previously existed, and that some decision of this be done prior to the issuance of the building permit for the restaurant. C/Forbing pointed out that page 3 of the Code already indicates that "There is no amplified music in the patio". CDD/DeStefano stated that the condition is for emphasis, and if the Code were to change, the condition would remain. C/Werner requested that there be a condition that security must be present until closing of the restaurant. CA/Arczynski suggested than any conditions made to prior resolutions be referenced in this resolution, which will thus address C/Werner's concern. CDD/DeStefano stated that it is staff's recommendation that an addendum be provided to the negative declaration that basically references the issue with respect to the soil and/or water contaminants on the site, the work done to date, and the work being committed to by the applicant and by the conditions of approval. Ken Finney, addressing condition (u) which would state that the applicant shall comply with all standards required by the California Region of Water Quality Control Board and the City to remediate the ground water and/or soil contamination prior to the issuance of building permits, pointed out that the current obligation to remediate the ground water contamination lies with Chevron, who is performing that work under the direction of the Regional Water Quality Control Board (RWQB), and Chevron may require many months to complete the remediaton process. The applicant is not the source of the contamination, nor is the applicant doing that work,and as the condition is currently stated, it would reverse that obligation. The applicant will, of course, cooperate fully with Chevron by providing Chevron access to the site. CM/Belanger inquired if it is found that the subsurface is contaminated in any fashion, even if it can be mitigated, would the RWQB have some jurisdiction over the site. If so, what kind of permission, certificate, or other kind of sign off, would have to be undertaken by JULY 20, 1993 PAGE 14 RWQB to certify the site as being safe. Ken Finney explained that the RWQB does not offer such certification for any site, however, they do have the ability to go to any landowner and request the landowner to investigate and address any issue of contamination of the property. Usually when the source is identified and understood, the entire matter is dealt with by the RWQB through work with the owner of that property, the operator of that gas station, who then is responsible for addressing the contamination. Adjacent landowners are not brought into the order under which Chevron is doing their work. At this site, they have addressed this issue, and have required Chevron to do this work both on site and off site. CA/Arczynski suggested that the condition be modified to indicate that "The applicant shall comply with all State, Federal, and local standards with regard to construction of the project pertaining to potential soil and/or ground water contamination prior to issuance of building permits and will cooperate with adjacent landowners with regard to remediation efforts pertaining to ground water contaminants.". Thus, if there is a pocket of some kind of contamination of the soil, the applicant will have to stop work immediately and take care of it before they go any farther, which is a normal inspection of the building process. CM/Belanger, in response to Mr. Finney, explained that the language of these conditions will be worked out and put into a Resolution for the City Council to consider, and brought back to the next meeting. CA/Arczynski explained that a final Resolution, per the Council's direction, will be brought back for the next City Council meeting for approval. The applicant, and anyone else, would have the opportunity to see those proposed modified conditions of approval before that meeting. If the public hearing is closed this evening, the matter would be brought back for consideration of the Resolution, and, to the extent that the applicant or anyone else has a concern with some language, they should put it in writing and present it. Ken Finney, concerned with the condition of incorpor- ating, by reference, all prior CUP's, and that Hamburger Hamlet is to comply with all former approvals, inquired how they are to evaluate what is required to be done, considering that this project has been in existence for some 30 years. M/Miller pointed out that nothing new is being placed upon the applicant that they are not already obligated to do. The applicant is already required to comply with JULY 20, 1993 PAGE 15 prior approvals. Ken Anderson clarified that the amount that is on the contaminated site is in fact lower than the readings taken last week on the Hamburger Hamlet. Also, in contrary to the report, the gasoline station closed in the 19701s, and the tanks were removed in 1989, which is when it went on the underground storage tank list as a spill. Motion proposed by C/Werner and seconded by MPT/Papen to deny the appeal of the Planning Commission approval of Conditional Use Permit No. 91-12(1) and Development Review No. 93-2, with the appropriate amended conditions carried unanimously by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None With the consensus of Council, staff was directed to forward the pictures of parking along Fountain Springs to the Traffic & Transportation Commission for their review. RECESS: M/Miller recessed the meeting. RECONVENE: M/Miller reconvened the meeting. 6.2 ADOPTION OF THE 1993 GENERAL PLAN - CDD/DeStefano introduced the following members of the consultant team, retained by the City in March of 1993 to further develop the draft General Plan: Michael Jenkins, from Richards, Watson & Gershon; Daniel Iacafano, Moore, Iacafano, and Goltsmen; Terry Austin, Austin/Faust; and Dale Beland, Cotton/Beland Assoc., utilized for the development of the General Plan policy issues. This is the tenth public hearing held on the adoption of the 1993 General Plan. The staff report incorporates the major areas of significant and substantive change within the document the Council received on July 13, 1993, as well as the addendum pages. Additional information will be presented this evening from Dale Beland. Also, there is an addendum in the Circulation Element, which is the result of the ongoing work of the subcommittee, chaired by C/Werner, on a "roadway by-pass". The subcommittee met on July 6th, 13th, and 19th to discuss the development of by-pass criteria, and concluded by directing staff with suggested changes, which has been incorporated within the Circulation Element by staff for the Council's consideration. Additionally, the subcommittee also reviewed the detailed pages submitted by Mr. Maxwell and Mr. Chavers with respect to criteria and other relevant issues pertaining to an environmentally sensitive transportation corridor. The results of that discussion, JULY 20, 1993 PAGE 16 where appropriate, has been incorporated within the document. Dale Beland stated that they have strongly recommended that the MEA not be included as part of the 1993 General Plan but to stand alone to facilitate the utility of that information, making it possible to update it, as appropriate, as an administrative process rather than a legislative one. He then read from page 160 of the California State General Plan Guide verifying that there is no legal requirement that the MEA be part of the General Plan. Dale Beland then reviewed the following substantive addendums to the draft General Plan: page I- 3, in the Land Use Element, item 4, has been reworded to provide a more General Plan level of statement; page I-16 has been reworded to better define open space; page III - 11, Resource Management Element, strategy 1.2.2 is deleted and now combines the operative purpose of preservation of trees and vegetation and native vegetation removal with strategy 1.1.10, page III -10; a new addition of the Circulation Element draft, on page IV -4, which elaborates the purpose of the environmentally sensitive corridor definition, responding to concerns about environmental protection of resources to move in concert with other strategy statements that have previously been presented and discussed about the need for a regional approach to the regional traffic problem; and a significant change on page V-10, related to the need to consider the potential environmental and growth inducing impacts of any such travel corridor location, specifically stating that it would be the policy of the City to explore and exhaust regional options for transportation improvements prior to initiating development of a regional by pass corridor. MPT/Papen expressed concern that the two suggested sentences on page V-10, in which item 1 reads "Explore and exhaust...", and item 3 reads "Don't wait until the need for a bypass corridor is demonstrated", seem to be inconsistent. CM/Belanger explained that item 3 addresses need and planning and item 1 addresses the issue of initiating development. They should perhaps be reordered. MPT/Papen expressed concern that the General Plan includes. requirements for this City to initiate action on a regional issue when the City is not the funding source, nor the deciding agency. She stated, though she is uncomfortable with the statement, she is willing to let it go through with the idea that it will be reviewed, in the near future, to be amended. Dale Beland continued with his review of the substantive changes: page V-13, strategy 1.1.4, defines the JULY 20, 1993 PAGE 17 alternatives to the corridor area; page V-14, item 1.1.7, 1.1.8, & 1.1.9 suggests policy and lists the improvements in the regional roadway system that should be completed prior to considering construction of the corridor. MPT/Papen objected to the appropriateness of the wording that the City must wait until the listed regional roadway improvements are complete before considering construction of a corridor. She requested that the statement be deleted. She stated that she has received letters from citizens on Grand Ave. inquiring why the Council isn't actively pursuing building Tonner Canyon Road. This language eliminates any possibility of a roadway in Tonner Canyon. M/Miller suggested that the language be amended to read, "Prior to considering construction of an environmentally sensitive transportation corridor, make every effort to complete all other improvements in the regional roadway system such as...". C/MacBride concurred that the language as written would destroy the City's ability to be flexible and sensitive to the activities in the region. The Council concurred to remove strategy 1.1.9 on page V- 14. Dale Beland continued with his review of the substantive changes: page V-17, has two new strategies 3.2.4 and 3.2.5 relating to developing a regional financing mechanism to assist new development for the cost of mitigating traffic impacts, and considering the use of a toll road to finance and maintain the environmentally sensitive transportation corridor; and the Table on page V-18 has deleted the columns that shows width dedication standards and roadway improvement standards to simply show the classification of streets in D.B. by major, secondary, etc., adding the Table which defines the classification roadway widths for the various classifications (secondary should read 60-100 feet and collector 60-80 feet). M/Miller opened the Public Hearing. Oscar Law corrected the address of the railroad station, as indicated on page V-7, item #3, as North Garey. Gary Neely, 344 Canoecove Drive, pointed out that the statement on page V-10, Issue Analysis, and the changes made on page V-13, second sentence, are conflicting statements regarding the location of the environmentally sensitive corridor. He then suggested that, instead of deleting strategy 1.1.9, on page V-14, it can be changed to read, "In addition to considering construction of an JULY 20,1993 PAGE 18 environmentally sensitive transportation corridor, encourage other improvements in the regional roadway system such as...", leaving the list in. C/Forbing suggested that the list be added to strategy 1.1.5 since it seems to be similar to strategy 1.1.9. MPT/Papen, preferring that the list be eliminated, pointed out that some of the items that really impact D.B. are not on this list, such as the gap closure of the Pasadena freeway from Cal State L.A. up through south Pasadena. CM/Belanger stated that the difference between strategy 1.1.9 and strategy 1.1.5 is that strategy 1.1.5 specifically addresses Los Angeles County, while strategy 1.1.9 deals with issues outside Los Angeles County. Gary Neely pointed out that the list is not intended to be all inclusive nor meant to eliminate anything. He then stated that he does not concur with eliminating the MEA from the General Plan. He requested that the statements made by C/MacBride, recognizing that the City does not live in a vacuum and that we do truly have a vision of the future, be placed back in the document, verbatim, to page I-3, Potential Regional Impact, and, in addition, include a map indicating the location of the reclaimed lake, the proposed MRF, etc., just to give people an idea of the locations. Tom Van Winkle asked that MPT/Papen offer her expertise to formulate the proper language needed for strategy 1.1.9 on page V-14. He expressed his concern that there is no public notification or public input as to what changes will be made in the document. He then made the following comments: the intent of the statement on page III -10 is to protect the trees that are indigenous to D.B. and the surrounding area, and where practical" weakens this; the specific names of trees on page III -11 should be replaced with indigenous trees" because the intent is to ensure that all mature trees are not destroyed; and specific noise standards for development should be indicated on page IV -11 - Dale Beland pointed out that Mr. Van Winkles concern is addressed in strategy 1.10.4 which states, as City intent, the decision to develop a Code that would have specific noise related standards for development. Max Maxwell stated that he has not had an opportunity to read the 17 page document just received before the start of the meeting. Some of the changes made are not stated the way they were expressed at the subcommittee meeting. He then made the following comments: he objected to the policy that the EIR has not been reviewed; the MEA should JULY 20, 1993 PAGE 19 be included in the General Plan; add "and/or fresh water" to the statement on page I-3, item b, regarding the reclaimed water, and correct it to state that it is proposed to be located in D.B., not Chino Hills; the subcommittee did not conclude as it is stated on page I- 3, that the regional plan by-pass roadway is to be located in Tonner Canyon; and pages I-7 and I-8 need to be rewritten. He then requested 90 days to be able to review the document, leaving the public hearing open. There are other issues that need to be addressed such as the Grand Ave. agreement. C/Forbing suggested that Mr. Maxwell review the changes he would like to see on page I-7 and I-8. Max Maxwell made the following comments regarding pages I-7 and I-8: add the word "map" to the "determination of "deed restriction status on item 1. a; these comments are in the 33 page document submitted to the City; and the 30 minute conference with CDD/DeStefano, to review the 33 page document submitted by the Citizens of D.B. to Protect Country Living, did not accomplish anything. MPT/Papen pointed out that the issues presented by the Citizens of D.B. to Protect Country Living, as indicated in the 33 page letter, would create at least a 5 year moratorium in this community on all commercial and residential property until either 95% of the commercial property is occupied, or all traffic is at levels LOS C or better, or five years, which ever takes longer. The three page document on the Circulation Element submitted by Max Maxwell requires that a toll road be built with specific hours of operation. The intent seems not to be circulation for the entire City of D.B., but for no growth. She then suggested that, due to the late hour, the Council should decide what items on the agenda will be continued to the next meeting. The Council concurred to direct staff to draft Resolutions of Approval to be brought back for the next City Council meeting of July 27, 1993, thus allowing the public one week for review of the General Plan document dated July 20, 1993. M/Miller declared the public hearing continued to July 27, 1993 at 7:00 p.m. Anybody with comments should put them in writing and submit them to staff, preferably by Friday, July 30th by 5:00 p.m. 7. PUBLIC COMMENTS: (Cont'd.) Gary Neely, 344 Canoecove Dr., requested that the Council, as a future agenda item, bring back a report from the Sheriff Department as to how many people have been arrested, how many have gone to court, and how many have been convicted in graffiti related crimes. JULY 20, 1993 PAGE 20 Barbara Beach-Courchesne expressed concern that three Councilmembers, two present and one past, have been publicly accused of breaking laws involving conflict of interest issues. Perhaps those Councilmembers should not vote on actions requiring the expenditure of funds until the law suit is resolved. Don Schad requested that the Council reconsider the Tree Ordinance he assisted staff in drafting. Max Maxwell complained that the Council is not listening to the citizens. Jack Kowtowski inquired if the condition 8-L, of CUP 87-2, for the Krikorian Theater, which states that "This grant does not permit the establishment of a cocktail lounge or bar within the shopping center," was rescinded to allow the Hamburger Hamlet project. CA/Arczynski explained that that provision was placed in that resolution at that time to ensure that the approval of the theater did not include a bar, or anything else. Frank Dursa, noting the expenditures indicated on the warrant register in regard to the Councilmember's attendance at the California Contract Cities meeting, inquired what benefits the City derived from the meeting and if it was necessary for the entire Council to attend. He questioned why the City needs a lobbyist and why the City is paying Gonzalves & Son $25,200 a year for lobbying activities. 8. COUNCIL COMMENTS: C/MacBride stated that the Three Valleys Municipal Water District, 3300 Padua Avenue, Claremont, will hold a final hearing August 5, 1993 at 7:30 p.m. to determine if they will impose a $10.00 per parcel fee on properties under their jurisdiction, in 9 cities, including D.B. C/Forbing, referring to CUP 87-2, noted that the condition specifically stated "bar", not a lounge or a restaurant. Furthermore, the Council included all previous conditions on the center in the new conditions for Hamburger Hamlet. C/Werner noted that the condition for the theater approval was intended for clarification that it was not to be misconstrued of an approval for a grant of a bar. M/Miller, in response to a comment made by Oscar Law regarding his prior ownership of a piece of property in D.B., stated that he made full disclosure regarding his prior ownership, and made a written statement that he would not be involved in the process of the property, nor involved in the voting or public hearings in the property. CA/Arczynski confirmed that the documents were provided, and JULY 20, 1993 9. PAGE 21 whatever interests M/Miller had in the property in question was conveyed away more than 2 1/2 years ago. In spite of the fact that there is no legal conflict, M/Miller has indicated that he will not participate in the process. MPT/Papen left the meeting at 12:00 p.m. CONSENT CALENDAR: It was moved by C/Forbing, seconded by C/MacBride to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Forbing, MacBride, Werner, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Papen 9.1 APPROVAL OF MINUTES 9.1.1 Adjourned Regular Meeting of June 29, 1993 - Gen. Plan Pub. Hear. - Approved as submitted. 9.1.2 Regular Meeting of July 6, 1993 - Approved as submitted. 9.2 WARRANT REGISTER - Approve the Warrant Register dated July 20, 1993 in the amount of $359,710.58. 9.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of May 13, 1993 - Received and filed. 9.4 PARKS & RECREATION COMMISSION MINUTES: 9.4.1 Regular Meeting of April 22, 1993 - Received and filed. 9.4.2 Regular Meeting of May 27, 1993 - Received and filed. 9.5 PLANNING COMMISSION MINUTES: 9.5.1 Regular Meeting of May 24, 1993 - Received and filed. 9.5.2 Regular Meeting of June 14, 1993 - Received and filed. 9.5.3 Regular Meeting of June 28, 1993 - Received and filed. 9.6 EXONERATED BOND FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS ON TRACT 47722 (DIAMOND KNOLL LANE) BY PIERMARINI HOMES. 9.7 ADOPTED RESOLUTION NO. 93-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT PATHFINDER ROAD AN BREA CANYON ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 10. OLD BUSINESS: 10.1 AMENDMENT TO CITY ATTORNEY AGREEMENT - CM/Belanger reported that the City and the law firm of Markman, JULY 20, 1993 PAGE 22 Arczynski, Hanson & King have an agreement for the provision of City Attorney Services. It has been proposed that an additional fourth category of rate for fees for service be included for law clerk and paralegal services. He recommended that the City Council approve the amendment to the legal services agreement to include a fee rate for law clerk and paralegal services of sixty dollars ($60) per hour. Motion was made by C/Forbing and seconded by C/MacBride to approve the amendment to the legal services agreement to include a fee rate for law clerk and paralegal services of sixty dollars ($60) per hour. Motion carried by the following Roll Call vote: AYES: COUNCILMEN: Forbing, MacBride, Werner, M/ Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: MPT/Papen Barbara Beach-Courchesne, noting the fees already paid for legal services to Markman, Arczynski, Hanson, & King and the fees paid for legal services to other law firms, cautioned the Council of the need for the City to watch revenue in order to remain solvent, and the need to watch a possible duplicity of fees for the same services rendered by the various attorneys. Nick Anis pointed out that approximately half the money spent in the last six months had been spent on a single law suit from the Citizens For Country Living. Max Maxwell stated his opposition to the increase in rate of $60. M/Miller explained that the $60 amount is a deduction per hour for certain services. 11. NEW BUSINESS: 11.1 ORDINANCE NO. XX (1991): 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 - The Council concurred to continue this matter to August 3, 1993. 12. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 12:15 a.m. LYNDA BURGESS, City Clerk JULY 20, 1993 PAGE 23 ATTEST: 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 G. Magnuson, Accounting Manager SUBJECT: Voucher Registers, August 17, 1993 DATE: August 12, 1993 Attached are the Voucher Registers dated August 17, 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 $60,748.14 and one for FY93- 94 in the amount of $242,013.13 for a total of $302,761.27. 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 17, 1993 have been audited approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION 001 General Fund 125 CDBG Fund 138 LLAD #38 Fund 141 LLAD #41 Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: Linda G. Ma on Accounting Manager T rrence L. Belang City Manager AMOUNT $208,764.89 4,774.00 886.45 3,640.97 84.694.96 $302,761.27 Phyl s E. Papen Mayor Pro Tem Jo n A. Forbing Councilmember -i1� lf. _..-__. ...- iii - n r - 7 7A S 1 7A 7A C 1 7 A v c 7 4� 7 tin, 181, W 7moryinn 54 AU 44 =i DI;P.�--v""A - -------, 44 P r full MVP OUT! 18 16V 8AI TFIPQ j 4TV S,..7 Jt6 rl �--Yc SmAy"Sp- owl NX owl 0 q? 10010- -to A&W inAuaum 1A9 9VID91 17W 0- lids spi7q, On Q1470 -410 2811 14 1, tot AS30 WO 1 LM; To 1801 OV17 K; Wed bAg WVA RAW"- D fm� I W I Wil W7 12 428' V 1011 M117 Y 071 1, 7 --=r , *11 PA R L2 chi, 101- 21011 "Q7 if i M Cmgr 6 2 7 1 e'- 481 7D es gy ----------- + 5 E 7fnwna + 217. 7�0, 822 UP -Q 71 54 40817A 4 - 6 lt7 4�i!7L %7 Z 7 1 :17 A >1 one aq 71 OAR is N W57 7F 7p siza VENH'.i,R 3 1 8 i AlY71 3 2. Renwation RYAJ 47M, 4 7. -aatlon Ra��!�j M N T)U R --------- -van, .m� 2 1 i OF 4 Hip 0807 RE-Malin wenn, OVII W17 Am 51904P ihs 2 A X.- I I �v to 2 HAS 1 W17B H 1 18 17 A N!�wr RNopkapay: L22M + -.'t ". - - "'� � 1 Wi 7s t 511', 17 'M.67 tviv OWN 152 1 4@H?B Wil to 1 k iwJ " I 2A 9 1 488178 gull 4jwI7 c5a >'VA&V 1114 E�07it?jt 74 1 488178 M, OV 17 CuR 3";Ipp &A 5,24 1 4HII OVII SUS 04 0AW-bgr 1 AS3 A VAMR QN-4351011 a17 y8/11 gr8;17 3q?.78 '.:.E vPND.u'R --------- ID t'i 2 . 7 6 9211-40 in a; Wax ant 7 A � 41 -1. 1. _ .. ... L WISH e8ol w8Q7 J,_ 85 _ .v Was"-- _n -U.. 61 87 . { ml 4017A 46 A w A. TE ill:KR ___._..___ c] uh 4117U N. ': a607 ;. lip . 9V_ F.,.. ._ Vie" Par 75.2. P470 .. . .._ V. 7 q 7t C 4 4 z i 71 7 17 AcAm-79"FN 7/1 23 32 SPA 130 WOO 5.,u of Ate ITS 080 W7 0 1 "i_= M A-4 KIIIATIGAIN i WIN AW! W-7 2219 "p-AMATe 5 49V 7j @811 H17 OT071 3 4 Q-, 280 1 TU: 7 Voss 1 v *011431EATI 8 0817, 0807 S' 76!- 1811: 04:17 W155: + ON 71P oth OWN:, 07MV10 BATS All 1019. -------------------- -------- OIL 1179420 1 lot, car- QuEse Of M no I ?I I n SO 7C Nunn Trent WATMM hama. SUN OV -348 f, A 814 63 4@817A 'too! it 103, i 406170 (201-110 = 481 to �tjr,:Fical SVF5 Pi -�Et- er WMA221-M! 2 4MAM oil 1 MIA 4C f A Q 7 ;got; 70urnl It, 421 S K 2 full Wl- 'Ays 16 AM J547 P"Ar.. �tn M t g 7,22 if 7 1AL HA vvUR — --4 R9 2.2 kE SAW MY -------- -- 08ill 08117 1266 we-marim Rafad 41 vCi:{;jG--------- 0801 Nip OU: A�-,"!UNF 7 eili S. 7 �'Vll Wil h! r zc A h Plai Serk Fees 12. H8. Q AW: M7 RA -.1 Tiliv Hlnfj lrsr-t-rt Fz.-?s 11.471.13 Fat. '03 WkI03, Zea 525 »s -,. j 2n 62 Qv "M 44w r' 7g - E P R 6-g2 - 2 Rvorm WA & 963 -Rage: Rate lean 1 7�4-=- ;"u4m 7 4 1, 81 E W-45? 2M 74#7 AW :,11,2 2! 255 Whey'; @d-4 2 -SOY �Rmn, NJ 911Y 16:17 94@04E9I98 A.- - Aural Mrol 17tete TAI 52&17 30 P 7 2 n a 2, r e - 7 4. 0 it!! 617 Legal Sm,49 Aw,1T-,?itq lie. 80. 43 22: : 2E VE N.T,'UR -------- 05ill 657 ag;pa» 292 76 23£25 a'- L",d.;E 2NTuR ---------- J&g Jt 8, ! 11 a J 17 24£% »F 7 31-1i 1 STAG@ 39.5-3 W! 0617 qptWi egnal g\! @Silt g8/17 Sptp4q Un-mog 3ay4 Svcs W9 %at7 -ji"F 112,119 Hill 08117 U00 MY Am -W Puy projKt S, qw. m 1811: Hil? 12119 AMMwe sacks loll' j «<224----: 146.63 f � � _ =t ,. •[.- V 21 :�jTAL "LF VENDOR -------- 76,2? _ mmu. Inc, a 79 - +I o R2 rya ' 2 4?8173 W.. YE j72r-, -' - _ ,-m::. Aid,+ c _ ly 6gamw 6 AM 1 AW Do VBAR At L .. �.tir°OR--------, 24S,_4 bps AA +..; 21 M 4 7 - 7A - - - - - - - - - - - -- "iG' T 6 T All -------- - CITY OF DIAMOND RAR AGENDA REPORT AGENDA NO. `7. TO: Honorable Mayor and City Council MEETING DATE: August 17, 1993 REPORT DATE: August 12, 1993 FROM: Linda G. Magnuson, Accounting Manager TITLE: Treasurer's Report - June 30, 1993 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of June 1993. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Spec. (on file in City Clerk's Office) _ Ordinances(s) _ Other Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: T Terrence Belanger Li da G. Ma n son City Manager Accounting Ma ager Yes No _ Yes X No Yes X No Yes X No CITY COUNCIL 2EPOR'1' AGENDA NO. MEETING DATE: August 17, 1993 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - June 30, 1993 ISSUE STATEMENT: Per City policy, the Finance department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the June, 1993 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for Council's review and approval is the Treasurer's Statement for the month of June 1993. This statement shows the cash balances for the various funds, with a breakdown of bank account balances and investment account balances. This is a preliminary statement, the total cash amount will remain constant, however, with the year end closing, the distribution of cash between the funds will change. These changes will occur due to fund transfers and audit adjustments. PREPARED BY: Linda G. Magnuson CITY 8P byluAwh its MINUTES OF THE PLANNING COMMISSION JULY 12, 1993 CALL TO ORDER: Chairman Meyer called the meeting to order at 7:06 p.m. at the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Chairman Meyer. ROLL CALL: Commissioners: Grothe, Flamenbaum, and Chairman Meyer. Vice Chairman Plunk and Commissioner Li were absent. Also present were Community Development Director James DeStefano, who arrived at 8:06 p.m., Planning Technician Ann Lungu, Deputy City Attorney Craig Fox, Senior Engineer David Liu, and Contract Recording Secretary Liz Myers. CONSENT CALENDAR: C/Flamenbaum requested the Minutes of June 28, 1993 be amended to reflect "C/Flamenbaum". Minutes of June 28, 1993 Motion was made by C/Flamenbaum, seconded by C/Grothe and CARRIED UNANIMOUSLY to approve the Minutes of June 28, 1993, as amended. CONTINUED PT/Lungu presented the staff report regarding the PUBLIC HEARINGS: request, made by the applicant Dr. Akbar Omar, to construct a 13,800 square foot two-story structure DR NO. 93-1 & to accommodate a restaurant with bar/lounge and CUP NO. 93-4 live entertainment. The undeveloped project site is 2.033 acres within The Gateway Corporate Center located at 21671 E. Gateway Center Drive. This proposed project was continued from the June 28, 1993 Planning Commission meeting in order to allow the applicant additional time to complete an on- site traffic analysis. A CUP is required, pursuant to Chapter 22.28, Part 6 of the Code, the sael and onsite consumption of alcoholic beverages and a bar/lounge with live entertainment within a restaurant within the C -M Zone. The proposed project -has a 300 square foot dance floor, a bandstand area, and a maximum occupancy of 328 persons. The bar/lounge area is 2,016 square feet with the ability to seat 85 persons. A Development Review is required pursuant to Chapter 22.72, Section 020 of Ordinance No. 5, to allow the construction of a restaurant. The lower level of the project is to be utilized for offices, storage, and restrooms. Staff is concerned that this lower level has the potential to be utilized for banquet facilities in the future, and that there is not enough parking on the site to accommodate the intensity of the use. PT/Lungu reviewed the following areas which will need to be addressed by the applicant: staff feels a cornice should be added to the series of walls shown on the north July 12, 1993 Page 2 elevation of the restaurant, to complement the cornice on the restaurant structure; a lighting plan must be submitted for review and approval by the City before the issuance of a building permit; an off-site grading authorization letter will be required from the adjacent property owner, the Radisson Hotel; the applicant is required to provide a hydrology study and hydrology calculation showing the estimated run-off and capacity of the existing drainage system, to the satisfaction of the City Engineer; a grading plan is required for the verification of the height of walls, and restaurant height; the 10 foot Sanitary Sewer Easement on the north side of the project site must be accurately plotted on the site plan and sections; no construction will be permitted on top of that easement; the elevator is required to meet State handicapped requirements; one additional handicapped parking space must be provided adjacent to the main entrance of the restaurant; the parking lot lighting should be designed in a manner that provides a minimum of one lumen of light per square foot at ground level; the Los Angeles Fire Department is reviewing the proposed project; the determination of a realistic number of employees and the effect on the proposed parking; and a Planned sign Program will need to be submitted to the City in the future. It is recommended that the Planning Commission continue the public hearing to a future date to allow the applicant time to resolve the outstanding issues. In response to C/Flamenbaum, PT/Lunge stated that the previous approval did condition the project to provide access to the Radisson Hotel, if feasible. However, because the grade is steep, such an access may not be feasible. SE/Liu, in response to C/Flamenbaum, stated that the existing easement originates from Golden Springs Drive. It could be moved with approval from the County of Los Angeles. C/Grothe requested that a sidewalk be provided along Gateway Center Drive from the project site to the Radisson Hotel. PT/Lungu, in response to Chair/Meyer, stated that the parking requirement is based on occupant load. The off street parking issue can be addressed through the CUP. Chair/Meyer declared the Public Hearing opened. July 12, 1993 Page 3 Syed Raza, the architect of the project, made the following comments: the adjacent property may be developed, in the future, for a parking area if the applicant decides to convert the lower floor into a banquet facility; he requested changing the size of the parking stalls from 9 feet to 8.5 feet wide, as is permitted in order to achieve more landscaped area and provide more parking spaces; a lighting plan will be provided; it is practically impossible to provide vehicular access to the Radisson Hotel because of the steepness of the grade; and pedestrian access may be possible by providing steps from the parking area to the Radisson Hotel. Syed Raza then requested that the Commission approve the project. The requested information will be provided at the time that the project is submitted for plan check. At this time, Dr. Omar is in the process of negotiating with possible tenants for the restaurant. However, the tenants want to be assured that a restaurant is to be allowed on this site before going further with the design plans. C/Flamenbaum inquired if the pedestrian access would comply with ADA standards. He then suggested that the applicant become familiar with the Hillside Management Ordinance in regards to the proposed 14 foot high crib wall. Syed Raza stated that they do not know if steps up the steep grade, for pedestiran access will comply with ADA. However, sidewalks will be provided which could meet ADA standards. He stated he is not familiar with the Hillside Management Ordinance_. The project is set fifteen feet from the back property line and a tiered wall is possible to support the parking area. Dr. Omar has built a crib wall at another project in which he planted seeds within the openings as a way to landscape and visually hide the wall. Hearing no further testimony, Chair Meyer closed the meeting to public testimony at this time. C/Grothe suggested that staff be directed to draft the resolutions for the next meeting. DCA/Fox stated that staff is still awaiting information of an engineering nature necessary to prepare those resolutions. AP/Searcy explained that there has never been an on site circulation study with the current configuration proposed. July 12, 1993 Page 4 Motion was made by C/Grothe and seconded by Chair/Meyer to continue the public hearing. C/Flamenbaum suggested that the CUP can be approved, bringing back the conditions. Since a CUP had already been previously approved by the Commission for use of a restaurant on the site, albeit with a different design and density. The Development Review can be continued until such time that the issues are resolved. With approval of the CUP, the applicant will be able to market the use, and specific plan changes can be dealt with during the Development Review. The public hearing for the CUP can be closed at this time, directing staff to bring back a Resolution of Approval for live entertainment, on site consumption of alcohol, and a restaurant, as was previously approved. DCA/Fox suggested that the public hearing be continued, and not closed, since the project still has unresolved issues. It can be argued that an opportunity to address the conditions to be imposed, or to see the resolution to be adopted, was not given. The Commission voted upon the Motion made by C/Grothe and seconded by Chair/Meyer to continue the public hearing. The Motion CARRIED UNANIMOUSLY 3-0. Motion was made by C/Flamenbaum, and seconded by C/Grothe to direct staff to bring back a Resolution of Approval for CUP No. 93-4 for the July 26, 1993 meeting. The Motion CARRIED UNANIMOUSLY 3-0. Motion was made by C/Flamenbaum to continue the public hearing on Development Review No. 93-1, until such time that staff has received the requested information. DCA/Fox stated that the Commission needs to set a date certain to continue the public hearing. Chair/Meyer suggested that the matter be tabled, requesting the applicant to post the necessary funds to readvertise the public hearing when he is ready. He inquired if such an action would be satisfactory to the applicant. Syed Raza stated he was under the impression that all required information had already been supplied July 12, 1993 Page 5 to the staff. Usually, all the items requested from the Planning Department and Building Department are supplied when the project has been conditionally approved because the requested plans and studies are very expensive at this stage of development. Chair/Meyer explained that an accurate preliminary plan, reflecting a reasonable tolerances of what is to be built, is usually required for a Development Review. The amount and degree of information provided is not adequate for the Commission to make a decision at this time. Syed Raza requested specific direction as to what needs to be submitted. C/Flamenbaum stated that the applicant needs to comply with staff's recommendations regarding the elevator, the handicapped parking space, the easement, the off site grading authorization, the lighting in the parking lot, the Hillside Management Ordinance, the modification of the enormous crib wall, and access to the Radisson Hotel. AP/Searcy stated that staff needspreliminary grading plans to be able to determine that the design plans are accurate and can be built. Syed Raza indicated that a preliminary grading plan was submitted, but it was not done by a licensed civil engineer because the applicant first wants assurance that the project will be approved. Mr. Raza stated the a four week continuance would be acceptable. PT/Lungu stated that once the applicant submits a preliminary grading plan, the Engineering Department requires at least two weeks to review it. Then staff can begin to prepare the staff report. C/Flamenbaum, amending his motion, made a Motion to continue the Development Review No. 93-1 public hearing to the second meeting in August of 1993. C/Grothe seconded the motion. The Motion CARRIED UNANIMOUSLY 3-0. Chair/Meyer requested staff to give clear direction to the applicant on the information that must be provided. July 12, 1993 Page 6 PT/Lungu stated that the applicant needs to submit the following: a preliminary grading plan verifying the height of all the retaining walls; a lighting plan (the Commission concurred that a lighting plan can be conditioned); the easement must be accurately plotted on the site plan and sections; off-site grading authorization letter from Radisson Hotel; and verification of access from the Radisson Hotel to the project site. C/Flamenbaum reiterated his request for the following information: the elevator to meet handicap requirements, the handicapped parking space, the easement, the off site grading authorization, the lighting in the parking lot, the Hillside Management Ordinance, the modification of the enormous crib wall so it is more attractive, pedestrian access to the Radisson Hotel through the parking lot, and all conditions laid out in the staff report. C/Grothe requested staff to revisit the number of parking spaces required for accuracy. Chair/Meyer made the following comments: he would rather see the applicant lose parking spaces than to create a parking space 8 feet by 18 feet long, which is essentially nonuseable; it does not seem practical to base off street parking on the number of employees; adequate parking is fine, and it is not practical to lose a reasonable project for one or two off street parking spaces; the retaining wall should be softened, reduced, or eliminated; if there are to be retaining walls, there should be landscaping plans that are realistic, screening the retaining walls with adequately sized plant material; the retaining walls should be designed to be part of the landscaping, like is done for golf courses; there should be some consideration made to condition security guards for the entertainment use; and the mitigated negative declaration should include the kind of impact this project will have on the intersection of Grand Ave. and Golden springs. Chair/Meyer recessed the meeting at 8:10 p.m. The meeting was reconvened at 8:20 p.m.. July 12, 1993 page 7 ADJOURNMENT: Chair/Meyer adjourned the meeting at 8:22 p.m. due to a lack of quorum. Respectively, ISI James DeStefano Secretary Attest: /S/ David Meyer Chairman CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7. TO: Terrence L. Belanger, City Manager MEETING DATE: August 17, 1993 REPORT DATE: July 27, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Street Improvement Bond Exoneration for Condominium Complex at 800 S. Grand Avenue SUMMARY: The City of Diamond Bar proposes to exonerate the bond posted for street improvements located on Tract No. 51079 (800 S. Grand Avenue). RECOMMENDATION: It is recommended that the City Council approve the exoneration of the Certificate of Deposit posted for street improvements at 800 S. Grand Avenue. Further, it is recommended that the City Clerk notify the American International Bank and Seven Diamond Brothers Diversified Inc. of the City Council's action. LIST OF ATTACHMENTS:X Staff Report _ Public Hearing Notification _ Resolution Bid Specifications Ordinances(s) X Other: Bond Form X Agreement: Notarized between Diamond Brothers and City re. Traffic Signal Installation One Year Guarantee 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 415 vote? Majority 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? _ 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ RE ,7WED BY: Terrence L. ger 4rg;e�A.Wentz City Manager tw' Interim City Engineer MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. August 17, 1993 Honorable Mayor and Members of the City Council Terrence L.Belanger, City Manager Exoneration of Bond for Street Improvements on Tract No.51079 (800 S.Grand Avenue). ISSUE STATEMENT This report requests the exoneration of a faithful performance, labor and material bond posted for street construction done on Tract No. 51079 by Diamond Brothers. RECOMMENDATION It is recommended that the City Council approve the exoneration of the Certificate of Deposit posted for street improvements at 800 South Grand Avenue. Further, it is recommended that the City Clerk notify the American International Bank and Seven Diamond Brothers Diversified Inc. of the City Council's action. FINANCIAL SUMMARY This action has no impact on the City's 1993-1994 budget. BACKGROUND All of the street improvement work for the condominium complex at 800 S.Grand Avenue has now been completed. The Department of Public Works Inspector has approved (a) installation of all the sidewalks on Grand Avenue (b) pavement replacement on Grand Avenue after installation of sewer laterals (c) restriping of Grand Avenue in front of project for access and installation of the traffic signal for the complex. The Developer has submitted to the City a notarized 'one year guarantee' for the signal installation and has also provided a guarantee from the Electrical Contractors Macadee Electrical Inc., who constructed the new signal. Therefore, the surety bond posted for the street improvements may now be released. DISCUSSION The following listed certificate of deposit needs to be released: Tract No.: 51079 C.O.D. Number: 405140 Principal: Seven Diamond Brothers Diversified Inc. Surety: American International Bank Amount: 20 000(Original Street Improvement Bond Amount $49,428) Prepared By: Anne Garvev s n CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) ACKNOWLEDGEMENT AND CONSENT OF FINANCIAL -INSTITUTION AMERICAN INTERNATIONAL BANK (hereinafter "Financial Institution") hereby acknowledges_ that_SEVEN DIAMOPID BROTHERS DIVERSIF14khereinafter "Depositor") has deposited with Financial Institution the sum of $ ***20,000.00***. Financial Institution acknowledges and agrees that the foregoing deposit stands in the name of the City* of Diamond Bar, a California municipal corporation (hereinafter the "City"), and that the City is the owner of such account. No funds shall be withdrawn from said account without the express, written consent of the City; provided, however, that any interest earned on the deposit shall belong to the Depositor. Financial Institution further acknowledges and agrees that upon -written -instructions from the City,- Financial•—lnstti-tution--shalt-- immediately pay to the City such amount (not exceeding, in the aggregate, the sum specified above) as may be requested by City. Financial Institution further acknowledges and agrees that such funds shall be paid to the City notwithstanding any contrary instructions that may have been given by the Depositor. Financial. Institution represents to City and warrants that the entire amount of the principle on deposit as provided herein is insured through the Fedstral Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC). of WHEREFORE, this acknowledgement and consent is executed this day , 19 FINANCIAL INSTITUTION: AMERICAN INTERNATIONAL BANK By: 4W AEAmerican International Bank 18645 East Gale Ave. City of Industry, Ca. 91748-9914 August 06, 1992 CITY OF DIAMOND BAR 21660 EAST COPLEY DRIVE SUITE 100 DIAMOND BAR, CA. 91765-4177 ®L =kap . �. Telephone: (f 854-8600 Telefax: (f 913-1866 Re: Seven Diamond Brothers Diversif4.ed Inc. Dear Ms. Burgess T �v The.;e are the new Time Certificate Deposit for replacement of Seven Diamond Brothers Diversified Inc. Sincerely, Sue Soun New Account E'If N S L Z > I w � m LL, C) , z, m O O O W A ;a C O oNNOW H W C` 7�aIzW L` C 1 N u Z fn O O Lu W _ wo \ a C Cri x Q U`to O� H * E'If N S L Z OU I w � m LL, C) , z, m O O O W A ;a O oNNOW H W rn 7�aIzW L` O u A fn O O Lu W _ wo WO F O , a C w Z aa o Q U`to o+ H * r� ��HI en A IQ to En o (, ' Z z W Z W W O w �f EEZ Lu 3mz W w Z JO W I y W a ❑ Un QW H; ¢ ¢ a AI r 2w a W m 0rt rs4 W J t- m . 3� � �I W H H� I z t- J (n I Z z Jr o z wa waw is WI I = 0 a s , z mic ' W a ww O S t- Z i< o O 20 2m p W . L is Z v1 i; p ¢ W Y F'c . O Z Q mei 'LL, H Ca Q = S , uj m -Wj R W H O UJB n cn ¢ t LIJ J W r � ¢ a ma (WI) U LLLL a L QULO CC o< p r a W F~ LL z 0z -,;i= ~2 cc z W_ r m I,z Zy0 � w ¢ O Z Z ~O < W C Z = V if Y Z m S H Z 0 LU H In O CL w C (nw r = ao �t- I m O W O = a wLu >- 0 O t_ O is I oo0 z m (n O IN I = C Z i< ¢ i< w O W CO o i< I W cr O p L O cc < ., <i wz as f- w U' U -; W Z . is Wr0m O C H\ is j O µ O d w , W -L -Wx'Q wN I W w to \ is l 4 Z o � ! �w3 FW- W °, A Tom �z =i Q tm w ° a CC � U L' •�O 01\�� t4 w z Z JO 4 Cf W x ,Z 0 J t- ¢ Z z Ua �' O 'O a w 1=w ',Q�mA A( q� °' w`P� Occ q c H' .a w a w co G j H y, Z Z J� . WI A H mz �'~ KH w a w 'j 2�. Z Z 'i�� U ! U ¢:r0]I = a C7 W O� �.la f- � Z dt F l w z ¢m'. %. zs j o z tw- z - W -x ¢ U ¢ � w no is ! Z CS O W LUo -� W W _ ! Y ❑ 0O to .� 'K Z ¢ W Y DC7 U 3 20Q 11� m Z Q Q 1=00 `LL :A I! LL! -H F�_ _ Lp J O C m �` Cc w x wa P Z 00, r' - t- QF ? cn Q W W Z Y ZLLJ wM 7.0 d Q tw• CC z O = cc FW- ¢ U LL n 0 a z p W S mT 9 j ? = o a a? v❑UD N S L Z I w � m LL, m O O O O oNNOW O�JzLu 7�aIzW iC fn O O Lu O is WO F O , a w Z aa o > a 0 ¢ p I * S Q LL,N I --F m0 Q J O W ' Z z W Z W O w t pN EEZ Lu 3mz A' w Z JO O ¢ (Z:) ¢a y W a ❑ Un QW H; ¢ ¢ a AI r 2w a W m 0rt rs4 W J t- m . O � �I U g wO i = w m� H H� I z t- J (n I Z z Jr o KI wa waw U ¢ = F � a W ❑� 5 = 0 a s , z mic ' W a ww O S t- Z is I ¢ . V 3 o O 20 2m p W . L is Z v1 i; p ¢ W Y F'c . O Z Q mei 'LL, H Ca Q = S , H > z r N (n¢ o w R W H O UJB n cn ¢ t LIJ J W r � ¢ a ma (WI) U LLLL a ° zm,P: Zp w m my a ^`? c=nvo C (nw r = ao �t- I m O W O = a wLu >- 0 O t_ O is I oo0 z m (n O IN I = C Z i< ¢ i< w O W CO o i< I W cr O p L O cc < ., <i wz as f- w U' U -; W Z . is Wr0m O C H\ is j O µ O d w , W -L -Wx'Q wN I W w to \ is l 4 Z o � ! �w3 FW- W °, A Tom �z =i Q tm w ° a CC � U L' •�O 01\�� t4 w z Z JO 4 Cf W x ,Z 0 J t- ¢ Z z Ua �' O 'O a w 1=w ',Q�mA A( q� °' w`P� Occ q c H' .a w a w co G j H y, Z Z J� . WI A H mz �'~ KH w a w 'j 2�. Z Z 'i�� U ! U ¢:r0]I = a C7 W O� �.la f- � Z dt F l w z ¢m'. %. zs j o z tw- z - W -x ¢ U ¢ � w no is ! Z CS O W LUo -� W W _ ! Y ❑ 0O to .� 'K Z ¢ W Y DC7 U 3 20Q 11� m Z Q Q 1=00 `LL :A I! LL! -H F�_ _ Lp J O C m �` Cc w x wa P Z 00, r' - t- QF ? cn Q W W Z Y ZLLJ wM 7.0 d Q tw• CC z O = cc FW- ¢ U LL n 0 a z p W S mT 9 j ? = o a a? v❑UD 4b:)DIAMOND BROTHERS DEVELOPER BUILDER Tel: (818) 912-0123 Fax: (818) 912-7045 GUARANTEE OF WORK PERFORMED DIAMOND BROTHERS IS SUBMITTING THIS GUARANTEE OF THE WORK LISTED BELOW FOR A PERIOD OF (12) TWELVE MONTHS FROM THE DATE OF COMPLETION, ALSO LISTED BELOW. PROJECT — TRAFFIC SIGNAL INSTALLATION AT THE ENTRANCE TO DIAMOND. BAR VILLAS -800 SOUTH GRAND AVENUE, CITY OF DIAMOND BAR. DATES EFFECTIVE -- JANUARY lst 1993 to DECEMBER 31st 1994 THIS GUARANTEE COVERS THE CONSTRUCTION WORK PERFORMED BY DIAMOND BROTHERS (CONTRACTOR) IT WILL BE IN FORCE FOR THE DATES LISTED ABOVE. Signed this __day of�11993 ALL-PURPOSE ACKNOWLEDGMENT No. 5179 State of California County of Los Angeles 1 �On 04/12/93 before me, DATE r Maria G. Santana, Notary Public NAME, TITLE OF OFFICER • E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared ***Ricky Chang*** , NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person( whose name(X) islame subscribed to the within instrument and acknowledged to me that he[A=XVXy executed the same in his/XXXXMIX authorized capacity(, and that by histtir signature) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. hand and official seal. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER(S) Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED [-]GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) Diamond Brothers SIGNATURE OF NOTARY I ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document Guarantee of Work Performed MUST BE ATTACHED Number of Pages 1 Date of Document April 12, 1993 TO THE DOCUMENT N/A DESCRIBED AT RIGHT: Signer(s) Other than Named Above OFFICIAL NOTARY SEAL SANTANA Notary Public— California LOS ANGELES COUNTY AAr CDmm Expirt3s NOV 131994 to be the person( whose name(X) islame subscribed to the within instrument and acknowledged to me that he[A=XVXy executed the same in his/XXXXMIX authorized capacity(, and that by histtir signature) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. hand and official seal. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER(S) Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED [-]GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) Diamond Brothers SIGNATURE OF NOTARY I ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document Guarantee of Work Performed MUST BE ATTACHED Number of Pages 1 Date of Document April 12, 1993 TO THE DOCUMENT N/A DESCRIBED AT RIGHT: Signer(s) Other than Named Above Mac idee Electrical Consl � �.iction 14771 sherry Circle o Chino Hills, C 91709 (714) 597-8348 o Lic # 5831 FAX (714) 393-8475 ARANTEE OF WORK PERFORMED -MACADEE ELECTRIC; CONSTRUCTION IS SUBMITTIN CHIS GUARANTEE OF THE WORK LISTI BELOW FOR A PERIOD OF (12. CWELVE MONTHS FROM THE DATE OF ]IMPLETION, ALSO LISTED BEL.— PROJECT – TR 'FIC SIGNAL INSTALLATION Aa' THE EN LANCE TO DIAMOND VILLAS -800 :!OUTH GR',rD AVENUE, CITY OF DIAMOND HAR. DATES EFFECTI : -- JANUARY 1st 1993 to DECEMBER 31st 1994 THIS GUARANTEE C /ERS THE CONSTRUCTION WORK PERFORMED BY MAC',)EE ELECTRICAL CONSTRUCTION (CONTRACTOR) '.ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _1 County of OnO'Clbefore me, � j DATE r,IE, TI LE OF OFFICER E.G.. JANE DOE. NO rARY PUBLIC personally appeared l ? _ r ( NAME(S) OF SIGNER(S) Elpersonally known to me - OR t droved to me on the basis of satisfacto y evid-ePce to be the person(s) whose name(s) 6s/hre subscribed to the within ipIC It and ac- knowledged to me that hey executed .� the same in hi /her ,heir authorized ANN FFlq SEAL apacity(ies), and that by hi lChe�/their N M• CARROLL ignature(s) on the instrument the person(s), otary �Qc-Canromlc� �UNty r the entity upon behalf of which the kes , erson(s) acted, executed the instrument. No 5193 ■� OPTIONAL SECTION Itltt�q CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL N�(;O PORATE QFFICER(S) TITLEIS) ( []PARTNER (3) Ll ED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: 72. 1993SIGNER IS REPRESENTING: WIT ES Wy..tiacld nd off i41 Seal.'r1 NAME OF PERSON(S) OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION /( THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT �^r 1.4 ' ) )II 1 C (,If (t•LQ' 6 THE DOCUMENT DESCRIBED AT RIGHT: ) NUMBER OF PAGES I DATE OF DOCUMENT r' Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 913097184 id Principal for a period of ONE year ( s ) from nd ,: t er tie raa fIr)mpletion and acceptance. of same by said Obligee, e �.z"'' a•n and <i=} jefects in said work resulting from defective materials r icri' ct.i :e wor.}<ri,insh:i.p, then the above obligation to be void; otherwise o r< r .in in ful force and effect. ,z DIRECT ALL CORRESPONDENCE TO: LOU JONES & ASSOCIATES 7470 N. FIGUEROA STREET SOS ANGELES, CA c)0041 --'S7-, �-, SURETY: / A ERICA MOT NSURAV COMPANY B Y /r l/f DA D Z. DDL TORNE IN FACT PRINCIPAL: DIAMOND BROTHERS ONE PARTNERSHIP BY: 3SM 7'7h 3't:4 01-', EAR v t 1 Il linois and duly n the State of CALIFORNIA bound unto u ,;t.,, the Urtit.ed States of America, " r.1 1 truly to be- made, we bind ourselves, I.at.--- saccessnrs and assigns, jointly and ')TH day )f APRIL, 1993 1 1)92, the -,aid Principal lit iitt tie. of I _gee for ALL IMPROVEMENTS INCLUDING BUT OI 1 P; : r, v,,,�;,; Af I NC3 , DRAINAGE ET L, HE :t 3e; + the spe<. if ication for said work, the said ri 1( )"l , ` :, q ive bond or maintenance to protect the said bl c . ., _i 'i :ns` :, t C7f faulty materials or workmanship for a period f �i,} c._r; s _ iFter the date of completion and acceptance of dT. id Principal for a period of ONE year ( s ) from nd ,: t er tie raa fIr)mpletion and acceptance. of same by said Obligee, e �.z"'' a•n and <i=} jefects in said work resulting from defective materials r icri' ct.i :e wor.}<ri,insh:i.p, then the above obligation to be void; otherwise o r< r .in in ful force and effect. ,z DIRECT ALL CORRESPONDENCE TO: LOU JONES & ASSOCIATES 7470 N. FIGUEROA STREET SOS ANGELES, CA c)0041 --'S7-, �-, SURETY: / A ERICA MOT NSURAV COMPANY B Y /r l/f DA D Z. DDL TORNE IN FACT PRINCIPAL: DIAMOND BROTHERS ONE PARTNERSHIP BY: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. `) TO: Terrence L. Belanger, City Manager MEETING DATE: August 17, 1993 REPORT DATE: July 27, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Labor and Materials Bond Exoneration for Condominium Complex at 800 S. Grand Avenue, Tract 51079. SUMMARY: The City of Diamond Bar proposes to exonerate the bond posted for labor and materials referenced in the Subdivision Agreement for Tract No. 51079 (800 S. Grand Avenue). RECOMMENDATION: It is recommended that the City Council approve the exoneration of the Labor and Materials Bond posted for off-site improvements at 800 S.Grand Avenue in the amount of $50,000. Further, it is recommended that the City Clerk notify the American Motorists Insurance Company and Diamond Brothers One Partnership of the City Council's action. LIST OF ATTACHMENTS:—X Staff Report _ Public Hearing Notification _ Resolution _ Bid Specifications _ Ordinances(s) X Other: Copy of Labor and Materials Bond and a Copy of $30K Maintenance Bond X Agreement: Subdivision and Notarized Agreement between Diamond Bar Brothers and City re: Traffic Signal Installation EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes X No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? _ 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ REVI D BY: '�- Terr ence L. gereorge A. �We City Manager Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 17, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Exoneration of Labor and Materials Bond for Condominium Complex at 800 S.Grand Avenue, Tract No. 51079. ISSUE STATEMENT This report requests the exoneration of a labor and materials bond posted for off-site improvements on Tract No. 51079 by Diamond Brothers. RECOMMENDATION It is recommended that the City Council approve the exoneration of the Labor and Materials Bond posted for off-site improvements on Tract 51079 in the amount of $50,000. Further, it is recommended that the City Clerk notify the American Motorists Insurance Company and Diamond Brothers One Partnership"of the City Council's action. FINANCIAL SUMMARY This action has no impact on the City's 1993-1994 budget. DISCUSSION All of the street improvement work for the condominium complex at 800 S.Grand Avenue has now been completed. The Department of Public Works Inspector has approved (a) installation of all the sidewalks on Grand Avenue and (b) pavement replacement on Grand Avenue after installation of sewer laterals. The Department of Public Works has inspected and approved the construction of the traffic signal and the related signing and striping. The signal has been accepted for maintenance by Los Angeles County Department of Public Works. The City continues to retain a notarized guarantee until December 1994 from Diamond Bar Brothers for the traffic signal installation. The City is also retaining a $30,000 bond guaranteeing all improvements for a period of one year. The following listed surety bond needs to be exonerated: Tract No.: Bond Number: Principal: Surety: Amount: Prepared By: Anne Garvey 51079 3SM 776 399 00 Diamond Brothers One Partnership American Motorists Insurance Company $50.000 LABOR AND MATERIAL BOND 3Sli 776 399 00 Premium included in the Perf. Bond Whereas, The City Council of the City of Diamond Bar, State of Diamond Brothers One California, and Partnership (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improve- ments, which said agreement, dated , 1992., and identified as project see Below , is hereby referred to and made a part hereof; and Tract No. 51079-800 S. Grand v- Cffa to Lrvkovements Streets, Uifits & Sia Bar, Whereas, Under the terms of s -aid agreement, pincipal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Diamond Bar to secure the claims to which reference is made in Title 15 (commenc- ing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, 11 therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City ^of Diamond Bar and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of See Below dollars ($ 50,000.00 ) , for materials furnished or labor. thereon of any kind, or for amounts due under the Unemployment tnsurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount' hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by city in successfully enforcing such obligation, to be'awarded and fixed by the court., and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file clairs under Title 15 (commencing With Section 3082) of Part 4 of Division 3 of the Civil Code, so as **Fifty thousand and no/100** to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of- this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of' time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. State of-- CALIFORNIA Cmy oCAPACITY CLAIMED BY SIGNER f LOS ANGELES j ❑ INDIVIDUAL(S) )9S1s On before me, KInERLY A. BADARACCO ❑ CORPORATE GATE A NOTARY PUBLIC OFFICER(S) NAME TITLE OF OFFICER - E.G.. *JANE DOE, NOTARY PUBLIC TTtLE(S) personally appeared DAVID Z. NODDLE ❑ PARTNER(S) NAME(s) of SIGNER(S) , XUATTORNEY-IN-FACT �ersonailX lino ynsszme _.�D.R� O-PfG o me on -the basis-of-satWactory evidence _❑-TRUSTEE(S)-- to be the Person(s) whose namarcl ❑ SUBSCRIBING WITNESS ALL-PURPOSE ACKNOWLEDGMENT No. 5179 State of CALIFORNIA County of LOS ANGELES On AUG. 4, 1992 before me, MARIA G. SANTANA, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER- E.G.. 'JANE DOE, NOTARY PUBLIC personally appeared RICKY CHANG NAME(S) OF SIGNERS) ' ❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person(4 whose name(K) is/a*x subscribed to the within instrument and acknowledged to me that he/1hhRt%%-9 executed the same in his/till authorized capacity", and that by i OFFICIALNOTARYSEAL • MARIA G. SANTANA his/74Xib& signature(n) on the instrument Notary Public —Califorria the person(s), or the entity upon behalf of • LOS ANGELES COUNTY W Comm Expires NOV 13.1994 which the person(s) acted, executed the instrument. Witness my handand of icial seal n ! SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ® PARTNER(S) LIMITED ® GENERAL [] ATTORNEY-IN-FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DIAMOND BROTHERS'ONE UATJTUP7?C1]TD ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. t THIS CERTIFICATE Title or Type of Document LABOR AND MATERIAL BOND MUST BE ATTACHED It TO THE DOCUMENT Number of Pages 2 Dat%5R$cr% AUGUST 4, 1992 DESCRIBED AT RIGHT: Signer(s) Other than Named Above AMERICAN MOTORIST INSURANCE I COMPANY S tRICAN MOTORISTS INSURANCE COMPANY. Office! Long Grove, IL 60049 r"�►� nanonaL /ER OF ATTORNEY insURU'l � � w All Men By These Presents:' �at the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California �* its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the data of issuance of this power and ending December 31, 1992, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the Payment or collection of any promissory nota, clack, craft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as sat forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. American Motorists Insurance Company as fully and amply to all The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said intents and purposes, as if the sane had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company an February 23,_ 1988 ai hong Grove, Illinois, a -- - brie -end accurate a anddeffect: is fieriinatter se{ forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: —VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and cresolution ertifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to rd executed, sealed eandythe certifiedutive with respactetooanyhbonddaoor undertakings 23, 19a8 any valid and binding won the Company. - In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 30 day of March , 1992 . Attested and Certified: F.C.McCullough, Secretary 0 (OVER) by AMERICAN MOTORISTS INSURANCE COHPANY J.S.Kemper,III,Sonior Vies President STATE OF ILLINOIS COUNTY OF LAKE SS I, Grace E. Condon, a Notary Public, do hereby certify that J. S. Keeper, III and F. C. McCullough personally known to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before we this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 5-14-94 "OFFICIAL SEAL" ► Grace E. Condon ! f Notary Public. State of Illinois ► Ny CQMM4%$i0n ExpuIs 5114194 CERTIFICATION Gr:ae E. Condon, Notary Public I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated March 30, 1992 on behalf of the oted an the true and correct copy and that the same has been in full force and effect sinceathe1date thereofrandris Insideis a force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and F. C. McCullough who executed the Power of Attorney as Senior Vice President. aft4_3,,grAtAMr speciiwly_wer�e on_{ ., }n_. American Motorists Insurance Company. of the -execution of -the attached_Po«er'of AftorneyT_thi duly elecied Senior Vice Presiders{ and Secretary of the IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of AUG 0 4 19-9Z 19 i• J l H.J.Zarsda, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 5-90 1M Power of Attorney - Term PRINTED IN U.S.A. a "[} EA , Lrider the terms of the specification for said work, the said } ci_al Ls required to give bond or maintenance to protect the said ge against the result of faulty materials or workmanship for a period NE �ear(s) from and after the date of completion and acceptance of r �4 'r EREEORE, I:E the said Principal for a period of ONE year(s) from =ic a:f er the date of completion and acceptance of same by said Obligee, t-1 act any and all defects in said work resulting from defective materials c (!efr-dive workmanship, then the above obligation to be void; otherwise t remain in full force and effect. SURETY: / ERICA MOT NSURpf1V COMP BY: DAYID E./1N DLt FAC P,'fTORNE IN FACT PRINCIPAL: DIAMOND BROTHERS ONE PARTNERSHIP DIRECT ALL CORRESPONDENCE TO: BY. LOU JONES & ASSOCIATES 7470 N. FIGUEROA STREET !OS ANGELES, CA 90041 7470 N: FOLIEWA, LOS ANGELES, CA 90041-1091 MY � - P. 0 BOX 41375, LOS ANGELES. CA!!00 &19 8 0 C' ! A T E S (f!1:Ij WY -M FAX (21$) 2Wn18 'IPAN� :EAF N P I'a I j� Mt~rr } 'OMPANY a corporation h i �.hc=" r; ' �F3,�r:c of Illinl)is and duly r ; f * Pr �,:� ., ''ra.} St r=tv tau., i r.. ;5 in the State of CALIFORNIA � �xF fte�'.d airy rmly bound unto Y AMGNI=: It s '.n Of '� 1' �a a,^gid, AND Nil 1CiI1 0 ;"i, it) _ i f'i; money ,_,f the Uilit_ed States of America, F;�iymen1r_ h Suns welland truly t<:j be made, we bind ourselves, ' firm}}" } i;Ir 1 r i.strators, successors and assigns, jointly and tiFse F,rPsents E I' w h '=,ur = 1 bated this 9TH day of APRIL, 1993 t I' E.? cert the l f,' 1 f" AUGUST, P_992, the said Principal i TY re LI_ trito an ae3 ecr•ient ITER TO to the Obligee for ALL IMPROVEMENTS INCLUDING BUT STREETS, LANDSCAPING, DRAINAGE ET E , TR CT 'qo. 51079 a "[} EA , Lrider the terms of the specification for said work, the said } ci_al Ls required to give bond or maintenance to protect the said ge against the result of faulty materials or workmanship for a period NE �ear(s) from and after the date of completion and acceptance of r �4 'r EREEORE, I:E the said Principal for a period of ONE year(s) from =ic a:f er the date of completion and acceptance of same by said Obligee, t-1 act any and all defects in said work resulting from defective materials c (!efr-dive workmanship, then the above obligation to be void; otherwise t remain in full force and effect. SURETY: / ERICA MOT NSURpf1V COMP BY: DAYID E./1N DLt FAC P,'fTORNE IN FACT PRINCIPAL: DIAMOND BROTHERS ONE PARTNERSHIP DIRECT ALL CORRESPONDENCE TO: BY. LOU JONES & ASSOCIATES 7470 N. FIGUEROA STREET !OS ANGELES, CA 90041 SUBDIVISION AGREEMENT Tentative Tract No. 51079 /Final Tract No. 51079 THIS AGREEMENT is entered into as of this 4_ t_ h day of August ' 19 92 , by and between Diamond Brothers One Partnership (hereinafter referred to as "Subdividerit) and the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as "City"). A. Recitals, (i) There has been previously approved a Tentative Tract Map for Tract No. 51079 in the City of Diamond Bar. subdivider seeks approval of a Final Map covering a portion of the area of Tentative Tract No. 51079 bearing Final Tract No. 51079 and B. Agreement. It is agreed by and between the parties hereto as follows: 1• In consideration of City's approval of and filing Tentative Subdivision Tract Map No. 510_79 and Final Tract No. Subdivider undertakes and agrees that it will, at Subdivider's sole cost and expense, make all the improvements Upon and in connection with said Tract in accordance with plans and specifications therefor on file with City, incorporated herein and made a part. hereof, and including all matters required DISCITMONDSIDB 2.2112-89 . 1 by the Planning Commission and City Council of City in connection with the various steps leading to approval of said Tentative Tract No. 51079 Subdivider also undertakes and agrees upon the same consideration to comply with all ordinances and regulations of city,, and to do all other and further acts required of it pursuant to this Agreement. Subdivider agrees in connection therewith to pay or cause to be paid all amounts becoming due to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to the foregoing Final Tract with respect to such improvements, or to Subdivider with respect thereto. Subdivider agrees that all such improvements _ shall be constructed__and completed- in accordance- with City- standards itystandards as determined by the City Engineer and in accordance with any applicable conditions as hereinabove referred to, and in accordance with the remaining provisions of this Agreement. In case of any dispute, the good faith judgment of the City Engineer shall be final and binding upon the parties. 2. Subdivider undertakes and agrees that all the work of improvement shall be completed within 365 days from the date of this Agreement. 3. Should Subdivider fail to comply with any of the terms or provisions of this Agreement, Subdivider shall be liable. to City for the reasonable value of any work or improvements not completed or improperly done or performed. In the event of any such failure, City shall give to Subdivider written notice thereof. Unless the work or improvements covered by said notice, DISC\TMBONDS\DB 2.2112-89 2 including defective work and improvements, are commenced by Subdivider within fifteen (15) days of the date of said notice and diligently prosecuted to completion, city may at its option: (a) Collect from Subdivider the reasonable value of the work and improvements not so done and performed by Subdivider, to be measured by the anticipated costs and expenses of completing the same; or (b) City may complete said work and improvements not so completed by Subdivider and collect its costs and expenses in completing the same; or (c) City may as to some of such work and improvements proceed under remedy ( a) remainder under remedy (b) above. City may change any election prior to trial of any lawsuit, and prior thereto no election of remedies shall be binding upon City. In either event there shall be included in said "costs and expenses", the reasonable overhead expenses of the city. In addition to the foregoing, Subdivider shall be liable to City for reasonable attorneys' fees and court costs incurred by City in enforcing the obligations of Subdivider under this Agreement. 4. All slope banks over three (3) feet in vertical height within said Tract shall be landscaped with plantings approved by the City Engineer. Sprinkl-ers shall be installed on all slopes over three (3) feet in vertical height along arterial streets and shall be of a type and according to a sprinkler plan DISCITMONDS M 2.2\12-89 3 approved by the City Engineer, with sprinkler turn -ons at the tops of the slopes, and connected with the remainder of the water systems of the lots of which such slopes are a part. 5. Subdivider shall give bonds with a corporate bonding company, or similar instrument, satisfactory to City in the following amounts and for the following purposes: a. A bond in the amount of $ 100,000.00 guaranteeing full performance of all the terms of this Agreement; b. A bond in the amount of $.50,000.00 securing payment to the contractor, his subcontractor and to persons renting equipment or furnishing labor or materials to them with respect to said public improvements; C. A bond in the amount of $ N/A securing the setting of monuments. 6. Acceptance of any work or improvements by city shall not constitute an acknowledgment by City that the same are properly done or *performed, except as to any items or matters readily apparent from an inspection thereof. Except as to such matters so readily apparent, Subdivider shall repair any defects which occur in the work of improvements within a one (1) year period thereof following acceptance by City. As a condition precedent to the acceptance of the improvements hereunder as being complete and prior to the release of any bonds required under paragraph 5., hereof, securing the faithful performance of Builder's obligations hereunder, Subdivider shall give a bond with a corporate bonding company, or DISC\TYMCH \DB 2.2112-89 4 similar instrument, satisfactory to City in the amount of $ 30,000.00 as guarantee and warranty of the work for a one (1) year period following .the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. 7. All notices to Subdivider may be sent to 18645 E. Gale Ave Suite205 Industr , California 91748 or at such other address of which City shall actually receive notice in writing specifically calling attention to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year -first above written. Diamond Brothers One Partnership, - - -----.__-- - a Limited Par-t-nees-hi __Z1 r R'cky C.Y. Chan - General, a er BY � CITY OF DIAMOND BAR, a municipal corporation By t� Mayor B City C1 k DISC MBONDSIDB 2.2112-89 5 STATE OF CALIFORNIA ) t s . COUNTY OF LOS ANGELES On _August 1 , 1992, before me, the undersigned, a Notary Public in and for said County and State, personally appeared JAY C. KIM and LYNDA BURGESS, personally known to me or proved to me on the basis of satisfactory evidence to be the Mayor and City Clerk, respectively, of the CITY OF DIAMOND BAR, CALIFORNIA, a municipal corporation, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed it. WITNESS my hand and official seal. OFFICULNOTARY SEAL Notary Public TOtiMMYE ANNE NICE 6e� ! NAY Pud400w Public — Cnis LOS ES ANGELCOUNTY My Comm. Expme MAR 31,1M DIAMOND BROTHERS DEVELOPER BUILDER Tel: (818) 912-0123 Fax: (818) 912-7045 GUARANTEE OF WORK PERFORMED DIAMOND BROTHERS IS SUBMITTING THIS GUARANTEE OF THE WORK LISTED BELOW FOR A PERIOD OF (12) TWELVE MONTHS FROM THE DATE OF COMPLETION, ALSO LISTED BELOW. PROJECT — TRAFFIC SIGNAL INSTALLATION AT THE ENTRANCE TO DIAMOND BAR VILLAS -800 SOUTH GRAND AVENUE, CITY OF DIAMOND BAR. DATES EFFECTIVE -- JANUARY lst 1993 to DECEMBER 31st 1994 THIS GUARANTEE COVERS THE CONSTRUCTION WORK PERFORMED BY DIAMOND BROTHERS (CONTRACTOR) IT WILL BE IN FORCE FOR THE DATES LISTED ABOVE. Signed this l}.��� day of 1993 - - - - ALL-PURPOSE ACKNOWLEDGMENT Na 5179 State of Calif ornia County of Los Angeles 1 ion 04/12/93 before me, Maria G. Santana, Notary Public DATE NAME, TITLE OF OFFICER . E.G., -JANE DOE. NOTARY PUBLIC' personally appeared ***Ricky Chang*** NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/= subscribed to the within instrument and acknowledged to me that he&JXlWTNW executed the same in his/hXXX *fes authorized capacity(, and that by NOTARV SEAL hisA*NNW signature(t) on the instrument MARIA G. SANTANA N�,ypt�_Cy the person(s), or the entity upon behalf of LOS ANGELES COUNTY which the person(s) acted, executed the wh Ccxnm Etipres nav 19 19N instrument. Witness my hand and official seal. SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER(S) Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED []GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Diamond Brothers ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document. THIS CERTIFICATE Title or Type of Document Guarantee of Work Performed MUST BE ATTACHED g TO THE DOCUMENT Number of Pa es 1 Date of Document April 12, 1993 DESCRIBED AT RIGHT: Signer(s) Other than Named Above N/A 019W NATIONAI MnT&PV ACCfY`iATinAi A n. Igo. N, , 4 1 - -- - Mac idee Electrical Consi action 14771 sherry Circle o Chino Hills, C 91709- (714) 597-8348 o Lic # 5831: FAX (714) 393-8475 ARANTEE OF WORK PERFORMED . 'MACADEE ELECTRICF CONSTRUCTION IS SUBMITTIN( PHIS GUARANTEE OF THE WORK LISTS BELOW FOR A PERIOD OF (12; PWELVE MONTHS FROM THE DATE OF )IMPLETION, ALSO LISTED BELC . PROJECT - TR. FIC SIGNAL INSTALLATION AT 'HE EN' ';ANCE TO DIAMOND VILLAS -800 :SOUTH GR,' iD AVENUE, CITY OF DIAMOND i�)\R. DATES EFFECTI -- JANUARY 1st 1993 to DECEMBER 31st 1994 i THIS GUARANTEE C( ERS THE CONSTRUCTION WORK PERFORMED BY MACi,)EE ELECTRICAL CONSTRUCTION (CONTRACTOR) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. s193 State of County of On— ---)before me, DATE N F. TLE OF OFFICER E.G.. "JANE DOE, NOTARY PUBLIC" f�yenc, _ personally appeared �1 L�'1 -. f NAMES) OF SIGNS -' ❑ personally known to me - OR '1�oved to me on the basis of satisfacto be the person(s) whose name(s)Ibre subscribed to the within in ument and ac- knowledged to me th,atl she hey executed the same in hi /her heir authorized a' • ,gtyNEFM�� DftsEAL apacIty(ies), and that by hi�/he�l heir RANI p1o�Can mla ignature(s) on the instrument the person(s), ' �1>rlbervtY r the entity upon behalf of which the � Eggs erson(s) acted, executed the instrument. t OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL C0� PORATE FFICER(S) TITL(S) PARTNERS) LIMA ED ❑ GENERAL ATTORNEY-IN-FACT Ej TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: T2, 1993 _ SIGNER IS REPRESENTING: WIT ESmy- _Hand nd off' i Seal. NAME OF PERSONS) OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT I )� 1 V Clff THE DOCUMENT DESCRIBED AT RIGHT: ' NUMBER OF PAGES I DATE OF DOCUMENT n �I31 Though the data requested here is not required by law, ( ) it could prevent fraudulent reattachment of this form. SIGNERS) OTHER THAN NAMED ABOVE CCCCCC� ----------- @1993 _—_______– ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. /17,7 TO: Terrence L. Belanger, City Manager MEETING DATE: August 17, 1993 REPORT DATE: August 4, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Grading Bond Reduction for 13 Lot Subdivision at Diamond Knoll Lane in Tract 47722. SUMMARY: The City of Diamond Bar desires to reduce the bond posted for grading located on Tract No. 47722 (Diamond Knoll Lane) . RECOMMENDATION: It is recommended that the City Council approve the reduction of the Grading Bond posted for grading at Diamond Knoll to $70,000. Further, it is recommended that the City Clerk notify the American Motorists Insurance Company and Piermarini Homes of the City Council's action. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) X Other: Bond Form and Final Grade Sign -Off of 3 No. Lots Agreement EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: T rrence L. Be ger City Manager MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. August 17, 1993 Honorable Mayor and Members of the City Council Terrence L.Belanger, City Manager Reduction of Bond for Grading on Tract No. 47722 (Diamond Knoll Lane). ISSUE STATEMENT This report requests the reduction of a faithful performance and labor and material bond posted for grading done on Tract No. 47722 by Piermarini Homes. RECOMMENDATION It is recommended that the City Council approve the reduction of the Bond posted for grading on Tract 47722 to the amount of $70,000. Further, it is recommended that the City Clerk notify the American Motorists Insurance Company and Piermarini Homes of the City Council's action. FINANCIAL SUMMARY This action has no impact on the City's 1993-1994 budget. BACKGROUND All of the rough grading for the formation of the 13 building pads at Diamond Knoll has now been completed. The Department of Public Works Inspector approved and released all of the building pads on August 12, 1992. Three of the lots (6, 9 and 13) received final grade sign -off on June 22, 1993 and four vacant lots have been sold. Therefore, Piermarini Homes will be constructing and completing final grading on six more lots. Based on progress to date, Piermarini Homes is requesting a reduction in the grading bond. The retention will assume that all final grading is adequately protected. However, it should be noted that prior to issuance of a precise grading permit for any of the 'sold' lots, a precise grading bond must be filed by the Homeowner/Developer with the City. DISCUSSION The following listed grading bond needs to be amended to: Tract No.: 47722 Bond Number: 3SM 771 718 00 Principal: Piermarini Homes Surety: American Motorists Insurance Co. Amount: $70,000(Original Grading Bond Amount $153,000) Prepared By: Anne Garvey BOND 103SM 771 718 00 •' n PREMIU $3,060.00 Two Ye +rs CITY'OF DIAMOND BAR GRADING PERMIT BOND Pertaining to Grading Permit Pio. KNOW ALL MEN BY THESE PRESENTS: That we, Piermarini Homes , as principal, and American Motorists Insurance Company. a corporation, as surety, are held and firmly bound unto the CITY OF DIAMOND BAR, a municipal corporation of the state of California, in the sum of One Hundred Fifty Three 'thousand and no/100-------dollars. ( $153,000.00 }, lawful money of the United States, for the payment of which, well and truly to be made, we hereby bind ourselves, jointly and severally, firmly by these presents, subject to the following terms and conditions: WHEREAS, an application by the above named principal has been made to the.City Engineer of the City of Diamond Bar for the issuance, to said principal, of a grading permit to perform excavation and/or fill work within the City of Diamond Barin accordant* with plans and specifications therefor on file with the City and including all matters required by the Planning commission and City council in connection with various steps leading to the completion of all terms and conditions of said grading per -mit; and WHEREAS, the City of Diamond Bar requires as a condition precedent to the issuance of said permit, that the principal shall furnish a bond in the above amount to the City of Diamond Bar, conditioned as hereinafter set forth: NOW, THEREFORE, if the principal shall well and truly comply with all ordinances and regulations of the City of Diamond Bar and all other applicable laws and ordinances; and comply with all of the terms and conditions of the permit for excavation and/or fill issued pursuant to said application to the satisfaction of the city, Engineer; and Complete all of the work- contemplated under the permit within the time limit specified in the permit. THEN, upon completion of all work and *conditions set forth, this obligation shall become void; otherwise, it shall remain in full force and effect- -- - n t T t • ni,1 1'] I _LbLT I hL TNTNHWN;Tri ZN WITNESS Gh;F.RTOF, said P duly signed and sealed thi :ipal and said Surety have cans these presents to be 24th day:. -of ::July. 1991 • nes I r-A�-!Kf ��Zrrt -(z 1- l American Motc:ists Insurance Company Surety Attor Y: K p Keller, ney-in-Fact t andna STATE UFCALIf'U1tNiA, COL _7 UF' Los Angeles s,o --. _.. =L---'i State, insua�Mce JUL 2 / 1 91 • COMPaMles Uu . before ma a Notary public, -within and for the said County anc personally'appeaxarI K.i.pton Keller known to me to me on basis me satisfactory ev;cienCe) to in be the person whose n1we is subscribed todthe within ' tzumeaG a� the Attorn'ay In 1:act of and for the AMERICAN HUIORIS,rs INSuILAU U (; RIWIX an ac au]edged to me that .e su�d����ZN HU'1'URIS'1'S LNSUILINCI; (:UMk'A2; th eto as Surety, and 1. f , o ua Attorae °I F . n otary Public �0' d Z00' �N T� 6 Z6' <<, bred OZO7--Z ,g -GTL CIA -131 DNI 1P13 INI?Jdbd�3Id acC. otary Public �0' d Z00' �N T� 6 Z6' <<, bred OZO7--Z ,g -GTL CIA -131 DNI 1P13 INI?Jdbd�3Id Irl h ANCE COMPANY -For,� � � QzOR1STS + Long Grove, IL hoc C70rd�SyG ZoOo x 21 ) — rnsuRance companies Rr% ATTORNEY ow All en y These Fl eats; Thet the A.a~sriear, Motorists Inau Gs Coapany, • corporation orgattia:eei or existing under the State c 111inoi•, and having its prinoipr ffice in Long Grove, Yllinoia, dors he, y appoint***** Kipton Keller of Los A eles, California its true and lawful agantis) er,d orney(a)-in-fact, to wake, exeouto, aAL- and deliver d riod bagimin with the date of issuanw of thi+ *mr and artdinq 0oceeber 31, 1992, unls sooner revoke its behalf a suretys and ss its sat and deedt y and all bonds and undert pings Prov amount of no one bond or unde aking exceeds FIVE HUNDREE THOUSAND E ($500,000.00) ft******* ��>E�������>F��������>t������ ��,x�������' •' �>t��*���� EMEPTIONI NO AUTHORITY is grsn to wake, execute, seal sial deliver sr- gond or undart- gnrantrros th. paymosmi or oollection of any pros ory rote, check, draft or letter of cn t. This authority does not p■nsit Al- +s,rse obligation to " split into two or ,,.>rs bonds in or + i ;,, much such bor within the dollar limit of author r as set fortis heroin. This appointsseni may be revoked a any ii -me by the Assariean Motorists Insu,.-.oa Company. The skecWtion of such bonds and L, sriakings in purauanca of thssa prosent,% ,hall ba es bin i; ,. .,_ a said Amorics Motorists Inauranes Company as f, , anal amply to all intents wv-4 purposes as if t.+sa sass :,- ��� 6 =y sxocuts+d enc ■ckno.+ladgsd by its regularly ala ed officers at its prinoipal offiea in '<-0 Grove, Illin -i+ THIS APPOINTMENT SHALL CEASE Wo 3MIHATE KITHOUT NOTICE AS OF DECEMBER 3 .. , 1992. This Poker of Attorney is ex—i- by authority of a resolution adcptod ),y the Executive k .:i.- !.f the Board of Dirsotors of said A.,Arican Moto Js Irttursrsca Cospany on FabrLmry 23, 1'8A at Lono Br- « I:.l:rvois, a true and 4 -C.-jr-ate copy of Hhich is hernia= ':sr sat forth end is he".6y certified to by *-.* undersi,„r,a S+ ^+Cary as boir%g in full force and aff:act: "VOTED, That the Chaireran of tM- Board, the president, or any Vies Provident, or their s.cyr-:;:.n+.ass designate -d in writlrig end filed with -the 5scr, r �sry, or the Secretary stall have the power and author: t-; +.c appn,"nt agents and attorneys -in -fact, and to author,.e theses to execute on behalf of tl-ie Ccs;zany, and •ttac', t -s .•sl of the comany tharato, bonds acv! sr,drrtakirgs, contracts of indomniiy and other writingt> ;w li.atory in the naiuro thereof, and airy, such officers o+ °.Mw Coepsrty Gay appoint ■pants for seceptsne?s of process." This Poker of Attorney is siVWdr xaslad and certified by facsimile ure34r and by authority cif {r -A follcw.ring rasolutior adoptod by the Executive Comreitt.w of ttw Board of Directors of the Ccrrpary at ■ mooting c#al✓ called end told on the 23rd day of Fs.brwry, 1988: "VOTED, That the sigmturs of .,- Cheirwan of i)w 8aard, the President, any Yiaa Pre"i�sent, or Chair appein{�, desigroated in writing end filed -tth the Seoretary, sex! tho signature of the Secretary, the Gael of the Company and certifications by the Seeriiary, "y be affixed by faesisila on any pawer of •tiorrwy or bead exvctrted pursuant to ratoluiion adc i*d by the Executiwa Corasittse of the tlaerd of Directors on February 23, 192° arks w -,y such power so executed, sealed and oeriifisd with respect io srry bond or urodertakinq to which it is sttac��, shall oorltirxse to be valid end binding upon tKo Conga. , . In Testimony Hharaof, the Armric-an Motorists Insur•anas Company has caused this instr%imam to ba aiprwd and its COC-P—st• seal to t -e affixed by it. authorized officers, this u+..h day of 19 Attested and Certified: ll+.,•lr.l F. C. McCullough, Secretary STATE OF ILLINOIS SS COUN" OF LAKE e AMERICAN YATORT5T-3 IN3URAPXE COMPANY J. S. Kemper. III. Senior Vice President I, Grace E, COndpnt a Notary Pubiio, do hereby cartify that J. S. Kaepery III and F. C. hrcullou� personally kr"7n to me to be the same persons whose names are respeotively as Senior Vice President and Secretary of the A1„erican Motorisi: Insurance Company, a Corporation of the $tat• of Illinois, subscribed to the forepaing instr%xmnt, apptarad before nee this day in psrson and savarslly acknowladcod iKak tlwy t-•ing, thor•un{o duly authorized sig+sed, sealed with the. corporate seal and delivered the said instrument as the free and voluntary not of said corporation and as their own free and volvstar•y apt for the utas and purposes tharoin set -forth. , $ "OFFICIAL SEAL" > 1/✓��U4 �`' 7��%� C� tV — ission expirest 5 -14 -"Grace E. Condon t+ — Public 4 Notary Public. State of Illimis lo Grace E, Condoms Notary (,tr co+r,mrss+on Capitol 5114114 1r rwv+rvrrW'r Is' -W-Wv F}t 036-5 b-90 IM P—r of Attorney " Term PRIWEO IH U.S.A. HO' J 7nn• nW TC h TF,' 7 7 . 6T_iH OG)7_ZZ9-GI'_' 01•,l 131 - —_Q-11 11d3 INIddl'd213Id ..�,:..�..,� _..►c rr .s^yr.,.omoarrf, s� dated Sa f.PTnhPr on boha1f of -�'*iF��-IEaF• �t�� �F�aF��t1F�t-at �t iF3F�*�'����F9F9t-�t- 's• * i��->F '3�9F'ilit�t-1F'�aa tE�('9t-�-� correct copy and tha hs sans has boon in full force and effect since the date ther,*of W-4 is in full " effect on the date of s artificstsi and I..do further certify that the said J. S.-A.mper, III and /Col,. McCullough who sx.a,t+d fhe -r of Attorney si Senior Vice President and Saor+tsry rewpootively .rare on the --oution of th. wttac I Power of Attorney thm duly elroted Senior Vi" Pr*aeidant and Secretary of the µ�riwn H9torirt• znsur.nc+ Corp&, IN TESTI"" WF-REOF, T hive FArr* o st.bseribed toy mamas and sffixad the oorporate seal 9f the American Motorists zr<sur.noe Cow"ny an this day of , 19 IN B. McClain. SKretiry This Power of Attorr ey liriti JK, acts of tiros• nsswd tiwrein to the bonds and underiskinps spocifiaally nsrrwd therein, wad they hays no wtt.orit a bind the Company except in the manner and to the extent Mrein stated. rH 53 4-3 7/&a 14 SO'd ZOO'ON ZS:6 16'Z End OZOZ-� q-VT�'C'N X31 DNI 1N3 INI2JUWd3Id - C `T,Ci fY OF DIAMOND BAx.` ' - 21660 E. COPLEY DRIVE, SUrM 100 - DIAMOND BAR; CA 91765 714 -860 -CITY . 714-860-2489 SUPERVISED GRADING INSPECTION CERTIFICATE JOB ADDRESS/TRACT NO. IL.oT L 'iY t -r "12 - PERMIT NO. OWNER 'p) r CONTRACTOR V4&4 t A-;4,% - SOILS ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lots were installed upon compet and properly prepared base material and compacted in compliance with requirements Building Code Section 7410. I further certify that where the report or reports of engineering geologist, relative to this site, have recommended the installation of buttr g g fills or other similar stabilization measures, such earthwork construction has b completed in accordance with the approved design. LOT NOS. See report dated for compaction test data, recommended allowable s• bearing values and other recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOT NOS. REMARKS Engineer Reg.No Date signature SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION I certify to the satisfactory completion of rough grading including: grading to aporoximi final elevations, property lines located and staked; cut and fill slopes correctly grac and located in accordance with the approved design; swales and terraces graded ready paving, berms installed; and required drainage slopes provided on the building pads. further certify that where report or reports of an engineering geologist and/or so: engineer have been prepared relative to this site, the recommendations contained in sl reports have been followed in the presecution of tbe- work. LOT NOS. r! F 1 � `C lG� 'lam Y' L i��' r� t - 1 �t1 r'i S i_rjq C-TU�r� REMARKS Engineer Reg. No. Date 2-1-1 SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION I certify to the satisfactory completion of grading in accordance witli the approved plans All required drainage vices have been installed; slope planting established. and irriga- tion systems prov F _ required); and adequate provisions have been made for draina of surface wat lding site. The recommendations of the soils engineer and or engineerin h persons were employed) have been incorporated in the wo Q pG � LAT NO� . REMARKS CLC i NO. 43217 t!1 ^�' Engineer 3-3.119 6Reg . No . f .3 Y1.1 Date sf9l CIVIL E OF CAU��� _---V-gRMAR1H1 D,T INC T;r •-"� . r'14-b2r-2UZV c 1= CITY OF DIAMOND BAR 21660 E.'COPLEY DRIVE. SUIT}? 100 DIAMOND BAR, CA 91765 714 -860 -CITY 714.860-2489 SUPERVISED GRADING INSP/ECT_ION CERTIFICATE ^ JOB ADDRESS/TRACT NO. I?D9 b1AMoND �NOI—�-! `�,-7ZZ PERMIT CONTRACTOR OWNER SOILS ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lots were installed upon competent and properly prepared base material and compacted in compliance with requirements of Building code Section 7010. I further certify that where the report or reports of an engineering geologist, relative to this site, have recommended the installation of buttress ftlis•"or other similar stabilization measures, such earthwork construction has been completed in accordance with the approved design. LOT NOS. See report dated _ for compaction test data, recommended allowable soil bearing values and other recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOT NOS - REMARKS Engineer signature Reg -110 SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION Date I certify to the satisfactory completion of rough grading:includi�ngt grading to approximate final elevations, property lines located and staked cut and fill slopes correctly graded and located in accordance with the approved designs swales and terraces graded ready for paving, berms i.nstalledi and required drainage slopes provided on the building pads. I further certify that where report or reports of an engineering geologist and/or soils engineer have been prepared relative to this site, the recommendations contained in such reports have been followed in the presecution of -the_work- LOT HOS. REMARKS i C K LE 1) �$U�L 011-1 H61 . -4 Q KNi:I C i t?P �1v1L Engineer Reg. No . Date cl 3 SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION I certify to the satisfactory completion of grading in accordance with the approved plans. All ;required drainage day 'ces have been installed)slop.a plgnting astabiished.and irriga- tion syatems provid quired)t and adequate provisions have been made for drainage of surface water r� Qtr in or site. The Tacommendations of the soils engineer and/ or engineering ersons were employed) have been incorporated in the work LOT NOS . REMARKS Engineer nne1.11M hrnnri far t g. Nv. q-3 11 Date k 4-193__._ _ M .--IT"Y OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CA 91765 714 -860 -CITY 714-860-2489 SUPERVISED GRADING INSPECTION CERTIFICATE JOB ADDRESS/TRACT NO. 183\ ninVAtrM kaol\ "D✓. PERMIT NO. S✓. Mh, 44`1"122 OWNER CONTRACTOR SOILS ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lots were installed upon competent and properly prepared base material and compacted in compliance with requirements of Building Code Section 7010. I further certify that where the report or reports of an engineering geologist, relative to this site, have recommended the installation of buttress fills or other similar stabilization measures, such earthwork construction has been completed in accordance with the approved design. LOT NOS. See report dated for compaction test data, recommended allowable soil bearing values and other recommendations_ EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOT NOS. REMARKS Engineer Reg.No signature SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION Date I'certify to the satisfactory completion of rough grading including: grading to approximate final elevations, property lines located and staked; cut and fill slopes correctly graded and located in accordance with the approved design; swales and terraces graded ready for paving, berms installed; and required drainage slopes provided on the building pads. I further certify that where report or reports of an engineering geologist and/or soils engineer have been prepared relative to this site, the recommendations contained in such reports have been followed in the presecution of tb,a work. LOT NOS. C�I N�LLi�L►> LG( 1.3 �' 1�: � 4�2Z ( Ci'� l-1N�gL �ir�r4r>tiJC. 1 �,S 'l� ll REMARKS 1 i S 1= W C Engineer Reg. No. Date SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION I certify to the satisf pletion of grading in accordance with the approved plans. All required drainag I& been installed; slope planting established.and irriga- tion systems pravi erA d); and adequate provisions have been made for drainage Of surface waters h b ite. The recommendations of the soils engineer and/ or engineering g t (if suc�i ons were employed) have been incorporated in the work :'OT NO$ . .REMARKS 7-ngineer Reg. No. ¢321 - Date PIERMARINI ENT INC TEl p.714-627-2020 Dec 91 14:4; No.005 °.0- cITY of DIAMOND BAR 21660 B.'COPLEY DRIVE, SUITE 100 DIAMOM) BAR, CA 91765 714860 -CITY 714-860-2489 SUPERVISED GRADING INSPECTION CERTIFICATE a0B ADDRESS/TRACT NO..,T�\0.yV�o �nn�1 Tr. t�111._4-1 22 PERMIT Nd. OWNER l f'XWI�IY t 1 ✓��' CONTRACTOR SOILS ENGINE>rR'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lots were installed upon competent and properly prepared base material, and compacted in compliance with requirements of Building code Section 7010. I further certify that where the report or reports of an engineering geologist, relative to this site, have recommended the installation of buttress fills•'er other similar stabilization measures, such earthwork construction has been completed in accordance with the approved design. LOT NOS - see report dated for compaction test data, recommended bearing values and other recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOT NOS. REMARKS . Engineer Reg.No Date signature. allowable soil SUPERVISING GPLADING ENGINEER'S ROUGH GRADING CERTIFICAT ON I certify to the satisfactory completion of rough grading•''includingt grading to approximate final elevations, property lines located and staked; out and fill slopes correctly graded and located in accordance with the approved design; swales and terraces graded ready for paving, berms installedt and required drainage slopes provided on�the building pads. I further certify that where report or reports of an engineering eologist and/or soils engineer have been prepared relative to this site, the recommety �,ontained in such fir,,, • �..;; : reports have been followed in the presecution of -thew work. LOT 1403 REMMMS Engineer Yyt ^"�O _ Reg. Ho. 3Z�f%� bate RUVERVISING GRkDINGENGINEER'S FINAL GRADING_ CERTIFICATII;I\ RE ARKS Engineer Reg. No. Date 6-30-Q2 `• Aw oner.11" hrnnrl fax trnnrmitlnl manio 7671 M o� Pa9es completion of grading in aced�e �rikh theoved plana. I certify to the satisfactory All required drainage devices have been installed; elope pla I've be�Abengm'a3eafir nd �draina9e tion systems provided' (where bsuchipersons�were required); and adequate ptovision�._.; eemployed)dhave nbeen he 40'ils ginethe awork of of surfacengineer ateng geologistfrom a(lfch incorporated LOT NOS. R����►� �+��ui�c o1= Lo -i-C RE ARKS Engineer Reg. No. Date 6-30-Q2 `• Aw oner.11" hrnnrl fax trnnrmitlnl manio 7671 M o� Pa9es PIERWRINI SPIT INC TEL "'•Q .714-627-2020 Jec .< -.• ..� � r . _ � .... , - CITY QB D WOOD BAR 21660 B.'COPLEY DRIVE, SUITE 1W DIAMOND BAR, CA 91765 714 -860 -CITY 714.860-2489 SUPERVISED GRADING INSPECTION CERTIFICATE Joe ADDRESS/TRAGI NO._.. 7�)� 0.rna_ i�vAnll Tc.__ 1_4-11 2��- PERMIT NO, OWNER F l e V_y0,0 y_A y%') EFr-A-. CONTRACTOR SOILS ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lots were installed upon competent and properly prepared base material and compacted in compliance with requirements of Building Code section 7010. I further certify that where the report or reports of an engineering geologist, relative to this site, have recommended the installation of buttress fills or other similar stabilization measures, such earthwork construction has been completed in accordance with the approved design. LOT NOS -- Zee report dated for compaction test data, recommended allowable soil bearing values and other recommendations. EXPANSIVE SOILS (YES) (N01 LOT NOS, BUTTRESS FILLS (YES) (NO) LOT NOS - REMARKS Engineer Reg.No Date signature SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION I certify to the satisfactory completion of rough grading :includingt grading to approximate final elevations, property lines located and Staked; cut and fill slopes correctly graded and located in accordance with the approved designr swales and terraces graded ready for paving, berms installedl and required drainage slopes provided on the building pads. I further certify that where report or reports of an engineering geologist and/or soils engineer have been prepared relative to this site the recommenxYat:otxs Contained in such reports have been followed in the presecution of �h work. 7 LOT NOS. �\nr^u „) Ile' RE 4ARKS {� Engineer &&)1A- :L `�1 ^^^� Reg. No. -3?� `% `Date SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION r I certify to the satisfactory completion of grading in acca d a i�,h, owed plans. A11 toga rcd drainage devices have been installed; slope pla Jj;e;stab!,;_ 1~s�• and zrric�a-....tion systems provided (where required) ] and adequate provision ] AAye ,ben,.mfsde for draina9e of surface waters from each building site. The recommendations of. -the -oils engineer and/ or engineering geologist (!f such persons were employed) have been incorporated in the work LOT NOS. t_ L Ra oC J 612va tai got G REMARKS 'C <1L C 1 IV , Engineer Reg, No. Date,_ — ILIZ - hrnnri lar frn nnmillal memo 7671 N of page. . ona�.tlTM PI nRINI ENT INC TE "'.0.714-627-2020 Dec aft91 14:47 No.005 P.01 CITY OF DIAMOND BAR. 21660 b.'COPLEY DRIVE, SUITE 100 DIAMOND BAR, CA 91765 714 -860 -CITY 714-860-2489 SUPERVISED GRADING INSPECTION CERTIFICATE aoB ADDRESS/TRACT NO.- 7-r. `I %7 7 7 PERMIT NO. OWNER Ej'ro1 Mer 1'e%'1 _fid CONTRACTOR. ja RMA 12)+5 I SOILS ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lots were installed upon competent and properly prepared base material and compacted in compliance with requirements of Building Code Section 7410. I further certify that where the report or reports of an engineering geologist, relative to this site, have recommended the installation of buttress f*11s 'or other similar stabilization measures, such earthwork construction has been Completed in accordance with the approved design. LOT NOS. See report dated for compaction test data, recommended allowable soil bearing values and other recommendations. EXPANSWE SOILS (YES) (Nn) LOT NOS - BUTTRESS FILLS (YES) (NO) LOT NOS. REMARKS Engineer Reg.No Date signature SUPERVISING GRADING ENGINEER'S ROUGH GRAAING CERTIFICATION I certify to the satisfactory completion of rough grading'includingt grading to approximate final elevations, property lines located and staked) cut and fill slopes correctly graded and located in accordance with the approved designr swales and terraces graded ready for paving, berms installed) and required drainage slopes provided on the building pads. I further certify that where report or reports of an engineeri t and/or soils engineer have. been prepared relative to this site, the recottvne � $ ned in such reports have been followed in the resecution of-tba work. p` LOT NOS. CO REMARKS 14 I certify to the satisfactory completion of grading in accords le All required drainage devices have been installed) slope planting tion systems provided (where required)) and adequate provisions ha, of surface waters from each building site. The recommendations of or engineering geologist (if such persons were employed) have been wed plans. aHT�j� d irriga- been 3n for drainage the soils engineer and/ incorporated in the work LOT NOs. REMARKS — --^ Engineer Reg. No. Date A rt tay trAnsmittAi memo 7671 M of 9.9s. . Dnc►.II hr n _ moi:,• , ENT INC TWo.714-627-2020 Dec 91 14:47 No.005 P.01 CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CA 91765 714860 -CITY 714.860.2489 SUPERVISED GRADING INSPECTION CERTIFICATE JOB ADDRESS/TRACT NO. biCLYAMA � i r. NQ,_47722 PERMIT 140. OWNER r i ejfn a r t n�i ✓1 � CONTRACTOR SOILS ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lots were installed upon competent and properly prepared base material and compacted in compliance with requirements of Building Code section 7010. I further certify that where the report or reports of an engineering geologist, relative to this site, have recommended the installation of buttress ttlls•'or other similar stabilization measures, such earthwork construction has been completed in accordance with the approved design. LOT NQS. see report dated for compaction test data, recommended allowable soil bearl.ng values and other recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOT NOS REMARKS Engineer Reg.No Date signature SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION I certify to the satisfactory completion of rough grading.includingt grading to approximate final elevations, property lines located and staked] cut and:_,fiA1-n:_.lopes correctly g xaded and located in acecrdance with the approved design&4z! il: s graded ready for paving, berms installedi and required drainage sloperren. e� uildian pads. I further certify that where report or reports oferfnq' C gist and/or soils engineer have been prepared relative to this site,endatro G'. ntained in such reports have been followed in the presecution of-thz. �! ..r. LOT H04. ► 3 i lei 0. 41,'3217 N Exp. 3-'11 _U 6 REMARKS �. EngJ neer i'Y�Alty. ,�- Reg. NO. Cel l s °?71 SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATIO�grF()� C�L�i"S I certify to the satisfactory completion of grading in accordance with the approved plans. All required drainage devices have been installedi slope planting established.and irriga- tion systems provided (where required); and adequate provisions have been made for dr*1 age Of surface waters from each building site. The recommendations of the soils engineer and/ or engineering geologist (if such persons were employed) have been incorporated in the work LOT NOS, W Engineer Reg. No. Date G'-161- �ne�.lt ^� hrAnd fav 1rAngmitlal mento 7671N 01 CITY or DIAMozm Drag —7,0' AGENDA REPORT AGENDA NO. TO: Honorable Mayor and City Council MEETING DATE: August 17, 1993 REPORT DATE: July 30, 1993 FROM: Linda G. Magnuson, Accounting Manager TITLE: Amended Appropriations Limit - FY93-94 SUMMARY: As required by Government Code Section 7910, on June 151, 1993, the City Council formally adopted by resolution the Appropriations Limit for Fiscal Year 1993- 94. Due to an error in the computation of the Limit, the City Council is being asked to amend Resolution #93-51, to reflect the corrected Appropriations Limit. RECOMMENDATION: Approve Resolution 93-51A, which amends the protested FY 93-94 Appropriations Limit to $12,222,333 from the originally established limit of $12,275,495. LIST OF ATTACHMENTS: X Staff Report _ X Resolution(s) _ Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification Bid Spec. (on file in City Clerk's Office) Other 1. Has the resolution, ordinance or agreement been reviewed X Yes_ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? Yes_ No 4. Has the report been reviewed by a Commission? _ Yes_ No Which Commission? _ 5. Are other departments affected by the report? _ Yes_ No Report discussed with the following affected departments: REVIEWED BY: Ter ence L. a anger Li da G. Mag u o n City Manager ager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 17, 1993 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Proposed adjusted FY93-94 Appropriations Limit. ISSUE STATEMENT: Government Code Section 7910 requires the City Council to formally adopt by resolution the Appropriations Limit for Fiscal Year 1993-94. RECOMMENDATION: Approve Resolution 93-51A, which establishes the protested FY93-94 Appropriations Limit at $12,222,333. DISCUSSION: As required by Government Code Section 7910, on June 15, the City Council formally adopted by resolution the protested Appropriations Limit for Fiscal Year 1993-94. In addition the City Council voted to use the change in the California per capita personal income as the adjustment factor. This increase amounted to 2.72%. The other possible adjustment factor which could have been used was the percentage change in the local assessment roll due to the addition of local non-residential new construction. This percentage change was 2.07%. Since the per capita personal income increase was higher there should be no change in the factors used. When the allocation worksheet was originally done, the number representing the population change converted to a ratio was erroneously shown as 1.0160 rather than 1.0116. By making the correction in the worksheet, the Appropriations Limit has been recalculated from $12,275,495 to $12,222,333. As required by law, the corrected Appropriations Limit Worksheet has made available for public inspection. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR APPROPRIATIONS LIMIT WORK SHEET 1993-94 California Per Capita Income % Change Over Prior Year 2.72% Population Change Change Over Prior Year (City) 1.16% CpCPI Change Converted to a Ratio 1.0272 Population Change Converted to a Ratio 1.0116 Calculation of Growth Factor 1.0391 1992-93 Appropriations Limit $11,762,247 1993-94 Appropriation Limit $12,222,333 Note: The Appropriations limit is based upon a base year amount of $8,000,000 which was the amount prescribed by the LA County LAFCO. This amount is still under dispute. 11 RESOLUTION NO. 93-51A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1993-94 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE, UNDER PROTEST WHEREAS, Article XIII B of the Constitution of the State of California as proposed by the Initiative Measure approved by the people at the special statewide election held on November 6, 1979, provides that the total annual appropriations limit of such entity for the prior year adjusted for changes in the non-residential assessed valuation and population except as otherwise specifically provided for in said Article; and WHEREAS, The State Legislature added Division 9 (commencing with Section 7900) to Title 1 of the Government Code of the State of California to implement Article XIII B of the California Constitution; and WHEREAS, Section 7910 of the Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year pursuant to Article XIII B at a regularly scheduled meeting or a noticed special meeting. Prior to such meeting, documentation used in the determination of the appropriation limit shall be available to the public; and, WHEREAS, Proposition 111 as approved by the voters of the State of California, requires a recorded voice vote of the City Council regarding which of the annual adjustment factors have been selected each year; and WHEREAS, Section 7902 (a) and 7902.6 of the Government Code sets forth the method for determining the appropriations limit for each local jurisdiction for the 1993-94 fiscal year; and WHEREAS, the City Council of the City of Diamond Bar wishes to amend the appropriation limit for fiscal year 1993-94 for the City of Diamond Bar. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: Section 1. That it is hereby found and determined that the documentation used in the determination of the appropriations limit for the City of Diamond Bar for fiscal year 1993-94 was available to the public in City offices of said City at least fifteen days prior to this date. Section 2. That the County of Los Angeles LAFCO, established the appropriations for the newly incorporated City and that limit is protested by the City. Section 3. That the increase in California Per Capita Income and the change in City population were selected as factors. Section 4. That the appropriations limit for the City of Diamond Bar as established in accordance with Section 7902 (a) and 7902.6 of the California Government Code is $12,222,333, under protest. Section 5. That the Mayor of the City of Diamond Bar shall sign and the City Clerk shall certify to the passage and adoption of this Resolution No. 93-51A. PASSED, APPROVED AND ADOPTED this day of 1993. Mayor I, LYNDA RURCESD, Ciby �f LhL- LAlbr -P 61.,.1 Dat do hereby certify that the foregoing Resolution was passed, and approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1993, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. '�. I TO: Terrence L. Belanger, City Manager MEETING DATE: August 17, 1993 REPORT DATE: August 11, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: The 1993-94 Slurry Seal Improvement Program - Area Four SUMMARY: The City of Diamond Bar is divided into seven areas as a basis for a road maintenance program that enables the City to proceed with the orderly procession of a slurry seal improvement. The City, at this time desires to continue this program by implementing Area Four. Specifications for the subject project have been prepared. RECOMMENDATION: It is recommended that the City Council adopt Resolution 93 -XX to approve the specifications of the 1993-94 Slurry Seal Project and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS:—X Staff Report _ Public Hearing Notification X Resolution(s) X Bid Specifications (on file in City Clerk's office) _ Ordinances(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 415 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belang City Manager Georg A. We Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 17, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: The 1993-94 Slurry Seal Improvement Program - Area Four ISSUE STATEMENT The project area for the 1993-94 Slurry Seal Program has been identified as Area Four. This report requests the City Council's approval and authorization to advertise the project for bids. RECOMMENDATION It is recommended that the City Council adopt Resolution 93 -XX to approve the specifications of the 1993-94 Slurry Seal Project and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY The anticipated cost for Area 4 is $176,000.00 and is part of the City's approved CIP. BACKGROUND The City of Diamond Bar has been divided into seven areas. Therefore, this provides a seven year cycle as a basis for a road slurry maintenance program. DISCUSSION In fiscal year 1992-93, Area Three was slurried and substantially completed on November 18, 1992. Since slurry is best applied during warmer weather, it is recommended that we continue the program by implementing Area Four at this time. (Map attached) Specifications for the City of Diamond Bar's 1993-94 Slurry Seal Project have been prepared. The work to be performed under the specifications consists of the slurry sealing of the existing road pavement and reestablishing appropriate pavement markings. The project area includes approximately 16.6 miles of streets. 1 1993-94 Slurry Seal Program August 17, 1993 Page Two Key aspects of requirements placed upon the contractor includes: • Plan and schedule to be submitted at least 14 days before beginning work. • Traffic control plans. • Notification to residents 10 days and 48 hours prior to when work is to be performed at their location. • Notification to other agencies. • Completion of all work within 30 working days. • Liquidated damages of $250/day for non-performance. All customary insurance and bonds have been included. The contract and bid documents have been prepared in cooperation with the City Attorney. Staff has prepared a tentative schedule for the various project activities. They are as follows: Specifications to City Council August 17, 1993 for approval and authorize City Clerk to advertise for bids Bid opening September 8, 1993 Award of Contract September 21, 1993 Notice to Proceed October 4, 1993 Start of Construction October 4, 1993 Completion of Construction November 16, 1993 Prepared By: David G. Liu 2 CITY OF DIAMOND BAR SLURRY SEAL PROJECT - AREA 4 TOTAL LENGTH: 16.6 MILES PRIME CONTRACTOR LICENSE REQUIRED: A OR C12 OR C32 m Ai WALNUT INDEX OF SHEETS ,o HOLT AVE. 71 M ISSION NBLVD. POMONA so DIAMOND SAN BERNARDINO BAR COUNTY VICINITY MAP NOT TO SCALE CHINO HILLS SHEET 1 TITLE SHEET APPROVED SHEET 2-5 LOCATION MAPS SHEET 6 TYPICAL SECTION SHEET 7-8 PAVEMENT MARKING SUBMITTED DETAILS REFERENCES: 679,(F-5,6) 679,(G,H,J-5,6,7) I REVIEWED TG:1993 ED. 709.(G -1-H-1-1-1) CITY ENGINEER SENIOR ENGINEER DATE DATE PATH NDE -R.'.'' ... O PROJECT SITE ...... S CO. ORANGE CO. INDEX OF SHEETS ,o HOLT AVE. 71 M ISSION NBLVD. POMONA so DIAMOND SAN BERNARDINO BAR COUNTY VICINITY MAP NOT TO SCALE CHINO HILLS SHEET 1 TITLE SHEET APPROVED SHEET 2-5 LOCATION MAPS SHEET 6 TYPICAL SECTION SHEET 7-8 PAVEMENT MARKING SUBMITTED DETAILS REFERENCES: 679,(F-5,6) 679,(G,H,J-5,6,7) I REVIEWED TG:1993 ED. 709.(G -1-H-1-1-1) CITY ENGINEER SENIOR ENGINEER DATE DATE "NOTICE INVITING SEALED BIDS OR PROPOSALS" NOTICE IS HEREBY GIVEN that the City of Diamond Bar will receive at the office of the City Clerk in the City Hall of the City of Diamond Bar on or before the hour of 10:00 o'clock A.M. on the 8th day of September, 1993, sealed bids or proposals for the 1993-94 SLURRY SEAL PROGRAM FOR AREA FOUR in said City. Bids will be opened and publicly read immediately thereafter. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar marked: BID • CITY OF DIAMOND BAR 1993-94 SLURRY SEAL PROGRAM TO BE OPENED AT 10.00 A.M. ON SEP'T'EMBER 8. 1993. Notice is hereby given that, under 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 the work including the general prevailing rate of per diem wages for holiday and overtime work. The Director of the Department of Industrial Relations is required to and has determined such general prevailing rates of per diem wages, the same are on file in the Office of the City Clerk of the City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. Said determinations shall be posted at the job site. The Contractor shall be subject to the forfeiture provisions of Labor Code Section 1775 for violation of the provisions of said Labor Code by the Contractor or any subcontractor under him. In accordance with Sections 1777.5 and 1777.6 of the Labor Code, as amended, and the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with and be governed by the laws pertaining to working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code, as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, $25.00 for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than 8 hours in violation of said Labor Code. Contractor shall pay travel and subsistence pay pursuant to Labor Code Section 1773.8. YOU MUST SUBMIT with your proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar an amount equal to at least 10% of the bid as a guarantee that the bidder will enter into the contract if the same is awarded to the successful bidder, 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 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 Contractor shall be required to post a bond in the amount of 100% of the contract price and a labor and material bond equal to 100% of the contract price. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C-12 and/or C-32 contractor, at time of bid, or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications on file in the Office of the City Clerk. Copies of the plans and specifications will be furnished upon application to the City and payment of $30.00, which sum is nonrefundable. Upon written request, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with a nonrefundable payment of $40.00 to cover mailing charges and overhead. The Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. The City of Diamond Bar reserves the right to reject any and all bids. No bidder may withdraw a bid for a period of sixty (60) days after the date of the bid opening. By order of the City Council this _ day of , 1993. By: City Clerk, City of Diamond Bar RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEAL; AREA 4 IN SAID CITY AND AUTHORISING AND DIRECTING THE CITY CLERE TO ADVERTISE TO RECEIVE BIDS. B. Recitals (i) WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City. (ii) WHEREAS, the City has prepared plans and specifications for the construction of certain improvements. B. Resolution NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City be and are hereby approved as the plans and specifications for: The 1993-94 Slurry Seal Program for Area Four 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 inform and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, 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 the City of Diamond Bar, on or before the hour of 10:00 o'clock A.M. on the 8th day of September, 1993, sealed bids or proposals for: The 1993-94 Slurry Seal Program for Area Four Bids will be opened and publicly read immediately thereafter. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar clearly marked: "Bid: City of Diamond Bar 1993-94 Slurry Seal Program, to be opened at 10:00 a.m. on September 8, 1993" 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 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. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. The Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code S 1775, the Contractor shall forfeit,as penalty to the 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, workmen, 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 S 1777.5 of the Labor Code, as amended, 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 S S 177.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. S 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 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 employment 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 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 S S 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. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours 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, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workmen, or mechanic is required or permitted to labor more than eight (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 S 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded 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. If the City awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City 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 one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) 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 contracted to be done by 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 for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C-12 and/or C-32 contractor at time of bid 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. 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. Copies of the plans and specifications will be furnished upon application to the City and payment of $30.00, said $30 .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 $10.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar reserves the right to reject any and all bids. No bidder may withdraw a bid for a period of sixty (60) days after the date of the bid opening. 1993. By order of the City Council of the City of Diamond Bar. Dated this day of , 1993. PASSED, APPROVED AND ADOPTED day of MAYOR 7 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1993, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar CITY OF DIAMOND BAR JAL'_GNJrS A_ QCM^QT TO: Honorable Mayor and Members of the City Council MEETING DATE: August 17, 1993 FROM: Terrence L. Belanger, City Manager AIN7MnA M6 REPORT DATE: August 13, 1993 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. The City Council discussed and held first reading of this Ordinance on August 3, 1993. RECOMMENDATION: It is recommended that the City Council approve for second reading by title only Ordinance No. Q4 (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. LIST OF ATTACHMENTS:_ Staff Report _ Resolution(s) X Ordinances(s) _ Agreement(s) Other SUBMITTAL CHECKLIST: _ 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: REVIEWED BY: Terrence L. Belanger City Manager Troy . utzlaff Troy to the City Nnager ORDINANCE (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 public's 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: "PUBLIC SAFETY ALARM SYSTEMS Sections: 3.1.0 Definitions. 3.2.0 Direct dial telephone devices. 3.3.0 Alarm systems --Registration required. 3.4.0 Audible alarms --General requirements. 3.5.0 Audible alarms --Prohibited sounds. 3.6.0 False alarm. 3.7.0 Repair. 3.8.0 Notification of test. 3.9.0 Maintaining a public nuisance alarm. 3.10.0 Exemptions. 3.11.0 Penalties for Violation. 3.12.0 Civil Remedies Available. 3.13.0 Enforcement. Section 3.1.0 Definitions. the following words and phrases meanings herein defined unless it a different meaning is intended. For purposes of this Ordinance, shall be construed to have the is apparent from the context that 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 3.2.0 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 3.3.0 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 3.4.0 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 3.5.0 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 3.6.0 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 3.7.0 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 3.8.0 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 3.9.0 Maintaining a public nuisance alarm. A. Any alarm system which generates three (3) 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. Section 3.10.0 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 3.11.0 Penalties for violation. A. Any person violating Sections 2.0, 3.0, 5.0, or 6.0 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 3.12.0 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 3.13.0 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 3rd day of August, 1993, and was finally passed at a regular meeting of the Council of the City of Diamond Bar held on the 20th, day of August, 1993, by the following Roll Call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR 0 n AGENDA REPORT AGENDA NO. U I cw TO: Honorable Mayor and Members of the City Council MEETING DATE: August 17, 1993 REPORT DATE: August 4,1993 FROM: Terrence L. Belanger, City Manager TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE PARKING PENALTY SCHEDULE FOR PARKING VIOLATIONS, LATE PAYMENT PENALTIES, ADMINISTRATIVE FEES, AND RELATED CHARGES FOR PARKING VIOLATIONS. SUMMARY: On July 1, 1993, Assembly Bill 408went into affect. This bill decriminalized parking citations, removed the processing from the courts, and established a system of administrative adjudication for these offenses. Section 40203.5 of the Vehicle Code was amended by AB 408 to read: The schedule of parking penalties for parking violations, late payment penalties, administrative fees, and other related charges for parking violations shall be established by the governing body of the jurisdiction where the notice of violation is issued. RECOMMENDATION: It is recommended that the City Council approve Resolution No. (1993) establishing the parking penalties for parking violations, late payment penalties, administrative fees, and related charges for parking violations. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notice X Resolution (s) _ Bid Specification _ Ordinance (s) _ Other Agreement (s) 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? 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: REVIEWED BY: Terrence L. anger�ikehelle E. Bivans City Manager Administrative Intern RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE PARKING PENALTY SCHEDULE FOR PARKING VIOLATIONS, LATE PAYMENT PENALTIES, ADMINISTRATIVE FEES, AND RELATED CHARGES FOR PARKING VIOLATIONS. A. Recitals. (i) In accordance with Assembly Bill 408, the City Council of the City of Diamond Bar is required to process parking citations issued by its Police Department. (ii) Section 40203.5 of the California Vehicle Code requires the City of Diamond Bar to establish parking penalties for parking violations, late payment penalties, administrative fees, and related charges for parking violations. (iii) All legal prerequisites to the adoption of this resolution have occurred. B. Resolution. NOW, THEREFORE, be it found, determined and resolved as follows: 1. In all respects as set forth in the Recitals, Part A, or this Resolution. 2. The City Council of the City of Diamond Bar hereby adopts as its parking penalty schedule the schedule attached hereto as Exhibit "A" together with each penalty and other fee amount set forth therein. 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED, AND APPROVED this day of , 1993. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1993, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar EXHIBIT "A" CITY OF DIAMOND BAR PARKING PENALTY SCHEDULE EFFECTIVE JULY 1, 1993 ADMINISTRATIVE FEES: Delinquency Notice Penalty $ 5.00 DMV Hold Penalty $ 48.00 Return Check Fee $ 15.00 PARKING PENALTY: The following parking penalties are established for citations issued in the City of Diamond Bar by the Walnut Sheriff's Department. The first amount for each violation is the penalty if the citation is paid on the citation. The second amount is the penalty with the Delinquency Notice penalty. The largest amount is the penalty plus the Delinquency Notice penalty and the DMV Hold Penalty. # Code Section Description 1) 2) 3) LACC 15.10.260 Obedience to traffic signal vehicle. LACC 15.20.070 Obedience to traffic signs.......... LACC 15.20.130 Parking space markings (occupying 4) LACC 15.44.140 5) LACC 15.44.150 6) LACC 15.44.160 7) LACC 15.48.050 8) LACC 15.52.040 9) LACC 15.52.050 10) LACC 15.52.070 11) LACC 15.56.010 12) LACC 15.64.010 13) LACC 15.62.020 14) LACC 15.64.030 15) LACC 15.64.040 16) LACC 15.64.052 17) LACC 15.64.060 18) LACC 15.64.070 19) LACC 15.64.100 20) LACC 15.64.120 21) LACC 15.64.130 22) LACC 15.64.140 23) LACC 15.64.195 two spaces at curb)......... Parking in delineated spaces........ Restricted parking..... .... ..... No vehicle maintenance in public parkingareas ...................... Weight exceeding 6,000 pounds....... Vehicles in bicycle lane.. ......... Pedestrians in unmarked bike lane... Pedestrians in marked bike lane..... Train blocking streets... .. .... Stopping prohibited, parking time limits .............................. Parking loading zone (commerical)... Parking, time limit --Post Office.... Parking, at mail box....... ....... Commerical vehicle parking in residentialarea ................... Parking overnight... ... .... ..... Parking Limit -- special location... Parking, diconnected trailer........ Parking on passenger zone........... NO parking -- alleys ................ TemporaryNo parking ................ Failure to display parking permit.... With With DeLiquency D.M.V. Penalty Notice Mold 40.00 45.00 93.00 40.00 45.00 93.00 25.00 30.00 78.00 25.00 30.00 78.00 25.00 30.00 78.00 25.00 30.00 78.00 30.00 35.00 83.00 25.00 30.00 78.00 25.00 30.00 78.00 25.00 30.00 78.00 55.00 60.00 108.00 25.00 30.00 78.00 30.00 35.00 83.00 25.00 30.00 78.00 25.00 30.00 78.00 40.00 45.00 93.00 30.00 35.00 83.00 15.00 20.00 68.00 30.00 35.00 83.00 30.00 35.00 83.00 30.00 35.00 83.00 30.00 35.00 83.00 40.00 45.00 93.00 24) LACC 15.64.210 Key in ignition/unattended vehicle... 25.00 30.00 78.00 25) LACC 15.64.220 Parking on grades .................... 25.00 30.00 78.00 26) LACC 15.64.230 Parallel parking over 18" from curb.. 25.00 30.00 78.00 27) LACC 15.64.240 Angle Parking ........................ 25.00 30.00 78.00 28) LACC 15.64.250 Double Parking .................... 30.00 35.00 83.00 29) LACC 15.64.260 No Parking anytime ................... 30.00 35.00 83.00 30) LACC 15.64.270 Parking in private or public property without consent............ 30.00 35.00 83.00 31) LACC 15.64.280 Parking wrong side of street......... 30.00 35.00 83.00 32) LACC 15.64.290 Parking in parkway ................... 30.00 35.00 83.00 33) LACC 15.64.300 Blocking street ...................... 30.00 35.00 83.00 34) LACC 15.64.310 Vehicles parked with Hazardous Materials..........................105.00 110.00 158.00 35) LACC 15.64.320 Parking, driveway .................... 30.00 35.00 83.00 36) LACC 15.64.330 Parking in intersection .............. 30.00 35.00 83.00 37) LACC 15.64.340 Parking vehicle for sale ............. 30.00 35.00 83.00 38) LACC 15.64.350 Parking, special hazard .............. 30.00 35.00 83.00 39) LACC 15.64.360 Parking, adjacent to school.......... 30.00 35.00 83.00 40) LACC 15.64.370 Parking, fire hydrant ................ 30.00 35.00 83.00 41) LACC 15.64.390 Parking, assigned parking spaces..... 30.00 35.00 83.00 42) LACC 15.64.400 Handicapped parking --on street....... 125.00 130.00 178.00 43) LACC 15.64.410 Handicapped parking --off street...... 125.00 130.00 178.00 44) LACC 15.64.440 Taxicab stands ....................... 30.00 35.00 83.00 45) LACC 15.64.470 Parking meters ....................... 15.00 20.00 68.00 46) LACC 15.64.480 Observance of parking meters......... 15.00 20.00 68.00 47) LACC 15.64.490 Motor violation --no parking.......... 30.00 35.00 83.00 48) LACC 15.64.500 Deposit of slug in parking meter..... 105.00 110.00 158.00 49) LACC 15.68.020 Trespass --driving vehicle on private property... ...... ... 25.00 30.00 78.00 50) LACC 15.68.030 Trespass --driving vehicle on public property ................... 25.00 30.00 78.00 51) LACC 15.68.040 Possession of permit ................. 25.00 30.00 78.00 52) LACC 15.72.010 Notification of repossession ......... 105.00 110.00 158.00 53) LACC 15.76.040 Closed streets ....................... 40.00 45.00 93.00 54) LACC 15.76.060 Closed streets ....................... 40.00 45.00 93.00 55) LACC 15.76.070 Processions .......................... 30.00 35.00 83.00 56) LACC 15.76.080 Vehicles on sidewalk ................. 25.00 30.00 78.00 57) LACC 15.76.090 Riding on handle bars ................ 15.00 20.00 68.00 58) LACC 15.76.100 Clinging to moving vehicles.......... 30.00 35.00 83.00 59) LACC 15.76.120 Repairing vehicles on street......... 15.00 20.00 68.00 60) LACC 15.76.130 Washing vehicles on street........... 15.00 20.00 68.00 61) LACC 15.76.140 Tampering with traffic counting devices .... ......... ...... 55.00 60.00 108.00 62) LACC 15.76.150 Injury to new pavement or markings... 55.00 60.00 108.00 63) LACC 15.76.180 Cleaning sidewalks ................... 15.00 20.00 68.00 64) LACC 15.76.190 Littering highway or sidewalk ........ 105.00 110.00 158.00 65) LACC 15.76.200 Noisy motor vehicle .................. 25.00 30.00 78.00 66) LACC 17.04.370 Motor vehicle, operation & parking... 30.00 35.00 83.00 67) LACC 32.10.206 Obstructing of fire protection equipment ................... 55.00 60.00 108.00 68) LACC 32.10.207k Obstructing access roadway........... 55.00 60.00 108.00 69) Diamond Bar Ordinance No. 4 (1990) ....................47.00 52.00 100.00 second occurrence (within one year) .. 147. 00 152.00 200.00 third occurrence (within one year)..447.00 452.00 500.00 CITV Or D1J—VfDVD Il�LR AGENDA REPORT AGENDA NO. `? TO: Terrence L. Belanger, City Manager MEETING DATE: August 17, 1993 REPORT DATE: August 12, 1993 FROM: George A. Wentz, Director of Public Works TITLE: Crossing Guard Services for School Year 1993-94 SUMMARY: With the expiration of the 1992-93 school year contract for crossing guard services, the City of Diamond Bar has advertised and received bids from two (2) qualified firms to provide crossing guard services for school year 1993-94. Staff requests that the contract for crossing guard services be awarded to International Services, Inc., formerly Securicorp International Services, Inc., the lowest responsible bidder, for the 1993-94 school year. RECOMMENDATION: That the City Council award a contract to International Services, Inc. to provide crossing guard services for an amount Nat -to -Exceed $58,000 (an hourly rate of $9.45) to provide crossing guard services for the 1993-94 school year. LIST OF ATTACHMENTS:X Staff Report _ Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specification X Other: Proper (on file in City Clerk's Office) 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 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 REVIEWED BY: 111b iLl-� --7 Terrence L. Belanger Weo-ragge �AWe�ntz City Manager Director of Public Works crry COMM REPORT AGENDA NO. MEETING DATE: August 17, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Crossing Guard Services for School Year 1993-94 ISSUE STATEMENT The City proposes to award a contract for crossing guard services for the 1993-94 school year to International Services, Inc., formerly Securicorp International Services, Inc., the lowest responsible bidder and most qualified bidder. RECOMMENDATION That the City Council award a contract to International Services, Inc. to provide crossing guard services for an amount Not -to -Exceed $58,000 (an hourly rate of $9.45) for the 1993-94 school year. FINANCIAL SUMMARY The city of Diamond Bar is anticipated to expend $58,000 for crossing guard services during the 1993-94 school year, an amount expended during the 1992- 93 school year. BACKGROUND Adult crossing guards are responsible for assisting elementary school pedestrians cross public streets safely and appropriately during school. The presence of crossing guards is intended to minimize potential accidents which involve elementary school pedestrians. Properly trained in their procedures, rules, regulations, and safety measures, crossing guards become responsible for the safe crossing passage of children from one street to another. DISCUSSION The former Securicorp International Services Inc. provided crossing guard services to the City of Diamond bar for both the 1991-92 and 1992-93 school year. The nine intersections which were served during these school years are as follows: 1. Golden Springs Drive @ Sunset Crossing Road 2. Ballena Drive @ Meadow Falls Drive 3. Harmony Hill Drive @ Evergreen Springs Drive 4. Blenbury Drive @ Maple Hill Road 5. Pathfinder Road @ Evergreen Springs Drive 6. Quail Summit Drive @ Winterwood Lane 7. Brea Canyon Road @ Cold Springs Lane 8. Cold Springs Lane @ Castle Rock Road 9. Golden Springs Drive @ Lemon Avenue DaIIs Twl% Crossing Guard services: 1993-94 August 17, 1993 Each intersection was supervised and a report was submitted to the City on a monthly basis. During this period, the City did not receive complaints from schools, parents or residences which were related to the services provided. Crossing guard services were provided at an hourly rate of $9.45 during both the 1991-92 and 1992-93 school year and is proposed for 1993-94. The City requested proposals to provide professional crossing guard services by advertsing in the City's local papers, the San Gabriel Valley Tribune and the Bulletin and by directly contacting two (2) companies who were listed in the City's Bidder's List. The Department of Public Works received proposals from All City Management Services, Inc. and International Services, Inc. Proposals were opened on August 5, 1993. The total billing rates were $9.65 and $9.45, respectively. The company includes training, salary, administrative costs, uniform, equipment and insurance coverage. The proposal submitted by International Services, Inc. has been determined by staff to be the most qualified proposal thus, recommended to provide services for this year. The City will be providing crossing guard services to the nine street intersections listed above during the 1993-94 school year. This service includes summer sessions at two elementary schools. The supervisor of the guards is to be in contact with all schools and their principals as well as City staff to assess and discuss existing and potential problems that might occur. Pursuant to the Traffic and Transportation Commission's request, the nine (9) intersections will be reevaluated after the 1993-94 school year commences. The purpose of said reevaluation will be to determine whether these intersections are warranted to receive crossing guard services. Based on the findings of the reevaluations, the Commission will present to the Council it's recommendation. Should there be any changes to be made in the number of street intersections serviced by crossing guards, staff has recommended to the Commission that it be in December of 1993, when schools are dismissed for the holidays. The Commission will review this matter at its regular meeting of August 12, 1993. PREPARED BY: David G. Liu Tseday Aberra PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of August, 1993, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and INTERNATIONAL SERVICES. INC. (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to CROSSING GUARD SERVICES ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct of which proposal is attached hereto as Exhibit "A" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's City Council and staff in conducting the Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: 1 (a) Project: Providing CROSSING GUARD SERVICES described in Exhibit "A" hereto including, but not limited to, the preparation of reports and documents, the presentation, both oral and in writing, of any work, reports and documents to CITY as required and attendance at any and all work sessions, and any meetings conducted by CITY with respect to the project. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the Project. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply staff, equipment, supply, and if necessary copies of all reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental documents, as described in Exhibit "A" to CITY within the time specified in Schedule of work in Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments and CONSULTANT shall thereafter make such revisions to work as are deemed necessary. The time limits set forth pursuant to this Section B2.(b) may be extended upon written approval of CITY. 2 (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT the rate of NINE DOLLARS AND FORTY-FIVE CENTS ($9.45) per hour, not to exceed the maximum sum of $55,000, for the performance of the services required hereunder. This sum shall cover the cost of all staff time, administrative costs, uniform, equipment, and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT's proposal with respect to hourly rates. (c) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be 3 paid on a reimbursement basis in accordance with the fee schedule set forth in said Exhibit "A". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Information, if available, which CONSULTANT considers necessary in order to complete the Project. (c) Such information as is generally available from CITY files applicable to the Project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of 4 termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "A", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: George A. Wentz Frank Alonso Director of Public Works Executive vice President City of Diamond Bar International Services, 21660 Bast Copley Drive, Suite 190 Inc. Diamond Bar, CA 91765 3771 242nd Street, Ste. 205 Torrance, CA 90505 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall 5 CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Workers' Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement" (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile C insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars ($1,000.000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage. (c) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insured CITY, its elected officials, officers, employees, agents and representatives. All policies shall contain language, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by 7 CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to provide crossing guard services as scheduled and accepted by CITY the completed project, to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of TWO HUNDRED DOLLARS ($200.00) per crossing guard per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be 8 construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 9 16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: Approved As To Form: City Attorney CONSULTANT CITY OF DIAMOND BAR Mayor ATTEST: City Clerk 10 (A I Y Ut U AMUND SAK AGENDA REPORT AGENDA NO. 177 Q TO: Terrence L. Belanger, City Manager MEETING DATE: August 17, 1993 REPORT DATE: August 13, 1993 FROM: Bob Rose, Community Services Director TITLE: Resolution No. 93 -XX approving the specifications for Janitorial Service at Heritage Park Community Center. SUMMARY: With the construction of Heritage Park Community Center almost complete, it is necessary to contract with a janitorial service to provide for routine and specialized custodial services to maintain the building in the best condition possible, after public use of the building begins. RECOMMENDATION: Adopt Resolution No. 93 -XX approving the specifications for Janitorial Service for Heritage Park Community Center and direct the City Clerk to advertise for and receive bids. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification X Bid Specifications (on file in City Clerk's Office) Other: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager Bob Rose Director of Community Services CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 17, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 93 -XX approving the specifications for Janitorial Service for Heritage Park Community Center ISSUE STATEMENT: After the completion of the construction of Heritage Park Community Center, it will be necessary to contract with a janitorial service to provide routine and specialized custodial services to maintain the building in the best condition possible. RECOMMENDATION: Adopt Resolution No. 93 -XX approving the specifications for Janitorial Service for Heritage Park Community Center and direct the City Clerk to advertise for and receive bids. FINANCIAL SUMMARY: There is $12,000 included in the 1993/94 fiscal year budget for janitorial service at Heritage Park Community Center. The specifications are flexible to insure that costs remain at or under the budgeted amount. BACKGROUND/DISCUSSION: The construction of the new Heritage Park Community Center is nearly completed. In order to maintain the new facility in the best condition possible, it is necessary to contract with a janitorial service for their professional expertise. The attached specifications provide for service three days per week, with the option to add additional days if necessary. Service includes routine duties such as cleaning floors, restrooms and windows plus more specialized duties such as removing carpet stains and stripping and waxing tile floors. The specifications call for janitorial service for the entire indoor area of the facility. PREPARED BY: Bob Rose, Director of Community Services CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR JANITORIAL SERVICE AT HERITAGE PARR COMMUNITY CENTER, 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 10:00 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 Forbinq, Councilmember Deuter Mc Bride, Councilmember Gary Werner, Councilmember Terry Belanger, City Manager Bob Rose, Director of Community Services TABLE OF CONTENTS NOTICE INVITING BIDS INFORMATION 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 JANITORIAL SERVICE AT HERITAGE PARK COMMUNITY CENTER 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 JANITORIAL SERVICE AT HERITAGE PARR COMMUNITY CENTER IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO 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 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 janitorial service for Heritage Park Community Center. 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 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 10:00 o'clock A.M. on the 9th day of September, 1993, sealed bids or proposals for janitorial service for Heritage Park Community Center. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 East Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Janitorial Service for Heritage Park Community Center." PREVAILING NAGE: 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 that 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 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 tradesman 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 contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the division of apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall 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 hrerinbefore 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. 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 the Labor Code 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 (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded 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 ar least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded 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 any materials or supplies furnished for the performance of the work 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. 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 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. PASSED, APPROVED AND ADOPTED this , 1993. Mayor day of _ I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar, held on day of 1993, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar 0 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 property filled out and executed. 3. SIGNATURE: The bid must be sealed 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 initiation 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 of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if 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 figure shown. The estimated quantities and amount are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids or to waive any irregularity or informality in any bid to the extent permitted by law. 6. 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 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. 8. 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 he 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 co- insured regardless of fault. The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under 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 part of the drawings, specifications, or to the 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 duly 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 OF 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 specification. 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. ALTERNATIVES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 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. 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the subletting and 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. WORKER'S 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 requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." 16. BID DEPOSIT RETURN: Deposits of the three lowest 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 guarantee shall be likewise forfeited to the City. The work may then by readvertised. 18. "OR EOUAL": 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 APPRENTICES: 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 in said sections in the employment of apprentices; 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 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 City of Diamond Bar. 23. AWARD OF CONTRACT: The award of 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 as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any differences between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. 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 interlineation 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 or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 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 not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 30. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of 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. If an individual, so state. If a firm or co -partnership, state the firm name and give names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer, and Manager thereof. Business Address Dated• 19 By: By: By: Contractor's License No. Contractor's License Expiration Date 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 requirements of California Business and Professions Code Section 7029.15. Contractor's Authorized Signature CONTRACMR'S INDUSTRIAL SAFETY RECORD w ar This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that an pated in as a principal or owner for the last five calendar years and the cuurral ent the yearbidderr 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. �Shctzodar Years Prior to G1lrrent Year 1989 1990 1991 1992 Tort Cmwot Yaw 1• NaarCAW&M � Torl rYr o■woe d aso�oot V rro�r i 3. No, of `ow= 4. Na of too witft 5. Na of IM wit dw mks ovwft PMM o rr» t W r 8WMW job W rrrimbr of supbVe 1. Na of tea Wedib" TM WftMWrr t "6M Ur ark irk it to r r n4Wr 1W nir 3 r 6.016 to, Oor�rl L,joio, f omqmWr "Wr W MUMM =A Na 11L The above infoemation waa non* d ftm the reca an that ate available to me at this tithe and l declare under parley of perjury that the iaformstion is true and scan to within the limitadoaa of these record. Name of Bidder (print) City zip Code 15 Slgpatme State Coottaataa' lic. No. A AsrsiAadon Telephone The definitions of the symbols and abbreviations used .n the Schedule of Paces are as follows Ave. & Avenue LF AC And LS Linear Feet BlvdCAB Asphaltic Concrete Mod. Lump Sum A8MH Boulevard Modified Crushed Aggregate Base I Manhole CS Conc. Catch BasinNumber No• Concrete NRCP Number Nonreinforced concrete Conn. Connector or Connection Pvmt. pipe Const. Clp Construct Cast Iron Pipe Perm. Surf. Pavement Permanent Surfacing CSP Corrugated Steel Pipe PCC RC Portland Cement Q� CY Cubic Yard RCS Reinforced Concrete p O-load of pipe RCP Reirtfrxcod Concrete Box Oia. Dbl. Diameter Reconn. Rainlorped Cor>Crete Pipe EL Double Rein.. Reconnect Reconstruct E� Recto Rector. Reinforcing or reinforced ELC Electrolier Lighting Resurf. Restoration. _ Conduit Resurfacing Exa;ay. Excavation Rd. Ex. or Exist. Road Sched. Schedule Fur. & PI.so Fe Famish and placeauge so S Storm Drain Galy. Galvanized SF. SectionSectionGa. Square Feet Gr. Grate SM. Spe" height HHo hs� S Sta. HC stationSewer sewn St. StIruct Street Improv. Improvr�� strucaure • Tronas. Tratglf im isTS Junction Sbuctura Var.V � Structure Lb. Pound@ LO Loth Dow"Won VCP W Vihtlled Clay Pipe Wide of Width 16 SUBCONTRACTORS LIST r comohanc• with ft provisions of the Public Contract Cods Sefton 41(32, the undersigned bidder herews" say forth rhe ^ar-e and location t of C - dace of buslnew of each subcontractor who wdl pefform work Or labor or render !Nice to the general contraCCr n or about me conatructlon of the work or improvement n an eormaetor a total bid, amount in eve*" d enet+aN 11i2) of on• perurtt 0%) of m• general and the poftan of the work which will be dome by Oath subeontrwor. Name under whlch Sub- License Address of Office, SPecinc Oescnption C:ntractor is licensed Number Mill or Shop of Sub -Contract work S Portion of the Work K the bWdw fete 1r GPM* a 1M wW Ipesrett of #0 *Wk, tM bidder '^ «+reese�w In the e.tne clerk ere orefwaiee br pronieierta d tfte CS00" �cieloallm CAd@tae VW w"4 his Own crew Dated Signature Signature 17 NC"7C��: -:ate of Californla ) Ccu ) ss. my of ) deposes and says that he or she is being first duly s -worn, of bid that the bid isnot made in the interest the party mof jor on19 eboy any undisclosed person, partnership, ehalof, organization, or corporation; that the bid o pany,associat on, collusive or sham; that the bidder has not dire genuine ly rnendid not induced or solicited any other bidder to or sha" bid, and has not directly or indirectly uColluded, l se conspired,.n connived, or agreed with any other bidder or anyone 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, agreement, communicationsought by , 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 awardinq 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, association, organization, bid deposito partnership, company or to agent thereof to effectuate a collusive or,sham bid. ny member or Signature STATE OF CALIFORNIA ) COUNTY OF ) ss. Subscribed and sworn tol before me this , 19 day of Notary Publ c n and for the County of State of California. My Commission expires 19 18 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 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, will 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 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 INIMMF, we have hereunto set our hands and seals this daY of , 1993. PRINCIPAL BY: (SEAL) 19 SURETY BY: ( 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 wy saga city to give this bond said Contract; and is required in connection with the execution of 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 attorneys 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 113 MF, we have hereunto set our hands and seals this - of , 1993. PRINCIPAL BY: (SEAL) 20 SURETY BY: (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 Janitorial Service for Heritage Park Community Center. 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 Janitorial Service for Heritage Park Copmmunity Center 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 Janitorial Service for Heritage Park Community Center 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. 22 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. Contract Price:$ per bid dated' 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. 29 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: APPROVED AS TO FORM: By: Signature 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: 30 G -NERAL PRO':ISIO" t+ S 1. GENERAL CCNDIT'ONS All work shall be done in accordance with the 1988 Edition and all supplements of the Standard Specifications for Publ c works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. 2. MODIFICATIONS TO THE STANDARD SPECIFICAT ONS Section 2. Scope and Control of Work. Sect'gn 2-1. Awa-r.d and Execution of Contract is amended by the following. (a) Examination of Plana Specifications spec ai 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 loo, Diamond Bar, California. All proposals must give the prices proposed, both in voting 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) Re;ecticn of Prcr,csals Containing Alterations r-as•.:res Irregularities: proposals may be rejec_ed if t::ey s::: -,.j any alterations of form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. (d) '_4_�'er's Guaranty: All proposals shall be presented .:r.der sealed cover and shall be accompanied by cas: cashier's check or certified check payable to, Cr 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 to 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. 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 the services 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 c;,n^on so t�_- any variation from a straight grade can be detected. an•: such variation shall be reported to the City Engineer ant - 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 destruction by his own employees or by h;s subcontractor's employees, he shall be liable for t::e 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 the follow 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. Pomona, California 91766 (714) 865-3307 Southern California Edison company 800 West CI"*ga 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 Conn any Distribution Department 920 S. Stimson Ave. City of Industry, California 91745 (714) 394-4327 Underground Service Alert 1 (800) 422-4133 SubseCtio n 5-2 Protection The Contractor is hereby alerted to the existence of all utility lines shown on the plans. ,:%e Contractor shall carefully protect all lines during the course c_' construction. The Contractor is cautioned to protect existi-:g utilities and their appurtenances which may be within the wcr.< 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. Prior to commencing construction the contractor shall submit for approval a construction schedule. Section 7-2 Labor amendediw 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 li or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. G•. P. 4 section 7-3.1- Contractcr`s Res^cnsibilii- - N rk �Intil acceptance of the work in writing by the City of Diamond Ha., 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 geed all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear t`:e 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. 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. • LVIRVTOKA112 - No public street, or portion thereof, may be closed to through traffic as part of this Contract. However, if, in the opinion of the Engin«!, 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 public of any dangerous conditions to be encountered. The Caltr_-.- "Manual of Traffic Controls" shall be used for all traffic contro, en this project. Payment for this work shall be included in S.4 :terns No. 1 (Irrigation System Installation). ubsecticn --i' SHORING OF EXCAVATIO Shoring of excavations is not generally required on this pro-4ect, however, the City`s Engineer may determine that shoring is requira-� in portions of the construction area, due to the type of trenc:: excavation proposed by the contractor. The City has performed no soil testing to determine precisely what areas, if any, will require shczing. 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 duringir 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 engineer". 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. G. P. 6 Subsection 9-3 is ^cdif ed ty addition of the fo''cwi. aracra=-=. The Contractor agrees that the pay-;ent of the amount under the contract, and the adjustment and payment for any work core accordance with any alterations of the same, shall release the Cit:' cf Dia-,c^d Har, the City Council, the City Manager, and the cit'; Engineer of any and all claims or liability on account of worst performed ;ander the contract or any alterations thereof. Progress Pavements The Contractor shall be entitled each month t a monthly progress payment in an amount equal to ninety perce-�t (90v) 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 Cit• 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 33 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 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 janitorial 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 by answering service. During normal working hours, the contractor's Foreman or employee of the Contractor, who is responsible for providing 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 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 janitorial 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. 13 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. JANITORIAL SERVICES AT HERITAGE PARK COMMUNITY CENTER SPECIFICATIONS I. OVERVIEW It is the policy of the City Council of the City of Diamond Bar to maintain its facilities in a clean condition for community use. Heritage Park Community Center is a new facility and it is the intention of these specifications to maintain it at a high level. The interior floor space of the facility is approximately 3,739 square feet. Facility includes foyer, corridor, office, restrooms, community room, kitchen and activity room. Floor covering type and appropriate square footage of each is as follows: Tile: Carpet: Poured Cement: TOTAL: II. SCOPE OF WORK 2,754 square feet 802 square feet 183 square feet 3,739 square feet A. INTERIOR BUILDING MAINTENANCE - Basic operation three days per week. 1. Pick-up debris, trash, and remove cobwebs and other foreign materials from doors, walls, ceilings, partitions, vents, etc. 2. Dust counter tops and other horizontal surfaces. 3. Remove, empty, clean and disinfect all trash receptacles. 4. Stack chairs on tables and clear floor area. 5. Inspect and replace burnt out lights and tubes. 6. Remove all graffiti using graffiti removal materials, scrubbing techniques or paint when applicable. 7. Clean doors, door frames, light switch, kick and push plates and handles. 8. Clean and disinfect top and sides of drinking fountains and around obstacles. 9. Sweep and dust mop tile floors with chemically treated dust mop taking care to clean corners and around obstacles. 10. Spot mop all tile areas to remove all stains and spills. 11. Replace chairs, tables and containers, etc. 12. Deodorize Room. 13. Immediately notify Director of any irregularities or hazards. 14. All areas shall be left clean and free, streaks, stains, film, debris, water spots and odors. 15. Vacuum all carpeted areas and spot clean as necessary. 16. Sweep and mop kitchen and restroom floors. B. KITCHEN MAINTENANCE - Basic Operation three days per week. . 1. Damp clean and sanitize all counter tops. 2. Empty, clean and sanitize all trash containers. 3. Wash and sanitize all walls, splash boards; cupboard doors, stoves, dispensers, refrigerators and other appliances. 4. Clean and sanitize stoves, ovens, other appliances, and food preparation surfaces. Note that special care is to be taken in the selection of products used in the food preparation areas. 5. Thoroughly mop and disinfect floors, taking care to clean corners and around other obstacles. 6. Inspect and refill all dispensers. C. INTERIOR BUILDING MAINTENANCE - Periodic Operations and Frequencies. 1. Wash all windows and glass doors; Once per week. 2. Dust and disinfect all telephones, once per week. 3. Machine buff floors; Once per week. 4. Strip, clean, refinish and machine polish (Director shall approve the type of non-skid wax) tile floors; Once per month. 5. Thoroughly mop tile floors, taking care to clean corners and around obstacles; Once per week. 6. Clean and disinfect all furniture including desks, chairs and tables; Once per week. 7. Dust all exposed cabinets, book cases, shelves and legs; Once per week. 8. Clean all floor drains; Once per week. D. RESTROOM MAINTENANCE - Basic Operations three days per week. 1.. All restrooms shall be cleaned thoroughly in accordance with the following tasks. 2. Pick up debris and trash, then sweep floor. Removed materials are not to be swept outside of the restroom. 3. Empty trash and napkin receptacles, replace liners as needed. 4. Check and refill all dispensers as needed. 5. Replace burnt out light bulbs or tubes, inside of restroom and security lights outside. 6. Remove all graffiti using graffiti removal materials or other scrubbing techniques. 7. Remove spitballs, cobwebs, and other foreign materials from doors, walls, ceiling, partitions, vents, etc. 8. Do high and low dusting of ledges, tops of partitions, etc. using a dampened cloth or other device. 9. Disinfect the inside of urinals and toilets. 10. Disinfect the top and bottom of toilet seats, fixtures, and surfaces of and surrounding each fixture. 11. Disinfect stall walls and other areas where hands are normally placed. Clean doors and door frames. 12. Disinfect around urinals, under sinks, around floor drains, and other areas where bacteria might breed. 13. Disinfect sinks, dispensers, receptacles, trash containers, and walls around such areas. 14. Clean mirrors. 15. Scrub sinks and wipe dry. Use a small scrub brush to clean corners, cracks, and narrow areas. 16. Scrub inside surfaces of toilets and urinals. Be sure to scrub upper lip. Do not flush. 17. Scrub outside of toilets, urinals, and rear wall. 18. Wipe toilet seats, toilet bowls, urinals, and fixtures until dry. 19. Spot clean walls and scrub handprints, etc. and from walls and partitions and wipe dry. 20. Disinfect and mop floors, making sure that corners, drains, areas around toilets, and feet of partitions are thoroughly cleaned and there is no accumulation of dirt or other matter. Leave the floor as dry as possible. 21. Wipe off cove base and remove mop strands caught around posts, etc. 22. Replace receptacles and trash containers following their cleaning. 23. Deodorize the restrooms. 24. Immediately notify Director of any irregularities or hazards. 25. If running water, broken fixtures or plugged sewer lines cannot be normalized or isolated, the restroom is to be locked and the Director immediately notified. 26. All areas are to be left clean and free of streaks, stains, film, debris, water spots, and odors. All fixtures shall be clean, including piping. 27. Make sure that supplies are in their appropriate dispensers and in adequate amounts to meet the demand. 28. All leaking fixtures; clogged drains; stopped up or damaged basins, toilets, or urinals; and damaged or inoperable lighting fixtures that cannot be repaired by the following shall be reported to the Director: (a) tightened to stop leaks; (b) unclogged by using a "plumber's helper" or short snake. E. RESTROOM MAINTENANCE - Weekly Operation once per week. 1. Perform the following tasks prior to commencing the daily task identified in paragraph D: a. By using a plumber's help (plunger), lower water levels in toilet bowls below water line and use a bowl cleaner to descale and dissolve water rings on the bowls and under the flushing rims. Allow the bowl cleaner to soak for 20 to 30 minutes. Do not flush. b. Using a bowl cleaner, descale and dissolve water rings on urinal surfaces and under the flushing rim allowing the bowl cleaner to soak for 20 to 30 minutes. Do not flush. C. Following the soaking period, scrub the bowls and urinals to remove deposits and stains and then flush the toilet bowls and urinals. 2. Perform the following task prior to commencing the daily task identified in paragraph D.14: - Wash all windows. 3. Perform the following task prior to commencing the daily task identified in paragraph D.15: - Scrub underneath sink and disinfect. 4. Perform the following task prior to commencing the daily task identified in paragraph D.18: - Disinfect and completely wipe dry all partitions, doors, door frames, metal plates, handles and hinges. 5. Perform the following task prior to commencing the daily task identified in paragraph D.19: - Scrub and clean all base molding and "hard to get at" areas. 6. Use only materials that are not caustic or damaging to the fixtures being cleaned. 7. Clean light fixture covers. CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CA 91765 SPECIFICATIONS FOR JANITORIAL SERVICE FOR HERITAGE PARR COMMUNITY CENTER Name of Bidder (Company) By (Name) (Title) Bidder's Address City zip Telephone # Fax # Date Contractor's License Number Item Description/ Unit Price Annual No. Units Cost 1. Interior B1dg.Maintenance 3 days/wk x each day x 52 weeks $ Basic Operation (Scope of Work II.A.) 2. Kitchen Maintenance (Scope of Work II.B.) 3. Interior Bldg. Maintenance Periodic Operation (Scope of Work II.C.) 4. Restroom Maintenance (Scope of Work II.D.) 5. Restroom Maintenance Weekly Operation (cope of Work II.E.) Total Annual Cost in Figures: Total Annual Cost in Words: 3 days/wk x 3 days/wk x each day x 52 weeks $ per month x 12 months$ each day x 52 weeks $ per week x 52 weeks $ 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 Fax # (Authorized Signature) (Title) CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. f' TO; Terrence L. Belanger, City Manager REPORT DATE: August 10, 1993 MEETING DATE: August 17, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Resolution No. 93 -XX calling for a public hearing on the Diamond Bar Boulevard Utility Undergrounding District SUMMARY: The City is proposing to underground the utility lines on Diamond Bar Boulevard from Temple Avenue to Gold Rush Drive using Rule 20A Funds available for such project. RECOMMENDATION: Approve Resolution No. 93 -XX proposing to form a utility undergrounding district along Diamond Bar Boulevard from Temple Avenue to Gold Rush Drive. LIST OF ATTACHMENTS:X Staff Report X Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) Other: 1. Has the resolution, ordinance or agreement been reviewed — Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority X No 3. Has environmental impact been assessed? — Yes X No 4. Has the report been reviewed by a Commission? — Which Commission? Yes X No 5. Are other departments affected by the report? departments: Report discussed with the following affected depart REVIEWED BY: Terrence L. anger jp2 George A. Wentz City Manager Interim City Engineer errY c6UNCIEL TEMAT AGENDA NO. MEETING DATE: August 17, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 93 -XX Calling For a Public Hearing on the Diamond Bar Boulevard Utility Undergrounding District ISSUE STATEMENT: The Public Works Department has determined, based on information gathered from Southern California Edison and other utility companies, that a district can be formed to underground utility lines on Diamond Bar Boulevard from Temple Avenue to Gold Rush Drive. RECOMMENDATION: Approve Resolution No. 93 -XX proposing to form a utility undergrounding district along Diamond Bar Boulevard from Temple Avenue to Gold Rush Drive. FINANCIAL SUMMARY: Estimated project cost is $735,000. The City has the following funds available: Uncommitted balance of Rule 20A funds $429,000 1994 and 1995 Projected Allocation $226,000 1996 Mortgage of Funds (no cost) $ 80,000 TOTAL $7350,000 In addition, the City will need to fund conversion of meters for signals and bus shelters. Estimated cost for these conversions is $15,000. In addition, street lighting requirements will also be determined during this period. If an upgrade is mandatory at this time, the cost would be approximately $40,000, depending on the number of lights. These improvements may not be funded by Rule 20A. BACKGROUND/DISCUSSION: The Public Utilities Commission has, through itg Rule 20A, ordered that Southern California Edison set aside monies for the purpose of undergrounding lines. Cities are allocated a share of this money each year. The Public Works Department has discussed the use of Diamond Bar's share with Southern California Edison. Various projects were considered including Diamond Bar Boulevard from Acacia Hill Road to Brea Canyon Road and Brea Canyon Road from Golden Springs Drive to Pathfinder Road. This project on Diamond Bar Boulevard has these advantages: Utility Undergrounding District August 17, 1993 Page Two 1. It improves safety on a major arterial; 2. It will reduce the potential for accidents and serious injury; 3. It has great aesthetic value; 4. It provides the longest distance of undergrounding for the money available; and 5. It does not affect a significant number of property owners that would need to remeter their properties. The attached Resolution is the first step in forming the Undergrounding District along Diamond Bar Boulevard. Property owners in the district, who are not already connected to another system, will be required to install panels compatible with underground cables. Property owners receive some benefit from Rule 20A in that the cost of trenching, conduits, etc., within 100 feet of the right-of-way, is covered, but the meter panel is the responsibility of the homeowner. Property owners will spend between $500.00 and $2,000.00 for a complete new installation depending on the panel they choose. The purpose of the required resolution is to notify the property owners of the intent to underground these lines and give them an opportunity to attend a public hearing discussing how they may be impacted. Both Edison and the Public Works Department will be available to answer questions the public may have prior to the hearing. In addition to Edison, Jones Intercable and General Telephone are also participating in this project. Jones Intercable, as a franchisee of the City, is required to do its work at its own expense. GTE's cost will be mostly covered by Rule 20A. CONCLUSION The hearing called for in the attached resolution is to be part of the September 21, 1993, Council meeting. Should Council find, as a result of hearing, that the Undergrounding District is in the public interest, then another resolution should be passed which has the effect of creating the district, and Edison, GTE and Jones Intercable will prepare plans for the project. The project would be completed by January 1, 1996. PREPARED BY: George A. Wentz RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON DIAMOND BAR BOULEVARD. B. Recitals (i) WHEREAS, Division 2, Chapter 16.32 of the County Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and (ii) WHEREAS, it has been recommended that such an underground utility district, hereinafter called District, be formed within the following described land: Sixty (60) feet easterly of the centerline of Diamond Bar Boulevard from the centerline of Gold Rush Drive to the northerly right-of-way line of Palomino Drive, Assessor'seParcel Number (APN) 8281-024-052 (150 S. Diamond Bar Boulevard), eighty- five (85) feet easterly of the centerline of Diamond Bar Boulevard from the northerly line of APN 8281-024-052 to southerly line of APN 8703-001-062 (23300 Sunset Crossing Road), sixty (60) feet easterly of the centerline of Diamond Bar Boulevard from the southerly line of APN 8703-001-062 to the centerline of Temple Avenue. Also, sixty (60) feet westerly of the centerline of Diamond Bar Boulevard from the centerline of Gold Rush Drive to the southerly line of APN 8717-008-001 (121 S. Diamond Bar Boulevard), seventy (70) feet westerly of the centerline of Diamond Bar Boulevard for APN 8717-008-001, fifty (50) feet westerly of the centerline of Diamond Bar Boulevard from the northerly line of APN 8717-008-001 to a point six hundred fifty (650) feet north of the centerline of Highland Valley Road, forty-two (42) feet westerly of the centerline of Diamond Bar Boulevard from a point six hundred fifty (650) feet to a point seven hundred (700) feet north of the centerline of Highland Valley Road, fifty (50) feet westerly of the centerline of Diamond Bar Boulevard from a point seven hundred (700) feet north of the centerline of Highland Valley Road to the centerline of Temple Avenue. B. Resolution NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the City Council of the City of Diamond Bar on September 21, 1993, at 7:00 P.M. at the South Coast Air Quality Management District Auditorium, to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. Section 1. At such hearing all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. Section 2. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least ten (10) days prior to the date thereof. Section 3. The area proposed to be included in the District is shown upon that certain map entitled Diamond Bar Boulevard Utility Undergrounding District, dated August 17, 1993, attached hereto and on file in the office of the City Clerk of the City of Diamond Bar. PASSED, APPROVED AND ADOPTED this day of , 1993. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City the Of Diamond Bar held on day of 1993, byfollowing Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar PROPOSED DIAMOND BAR BOULEVARD UTILITY LEGEND: ani I PROPOSED DISTRICT BOUNDARY so CENTERLINE OF DIAMOND BAR BLVD. ; - o � O IC, e r N � T L N f 1 s � S 7>•T•11T 1 c ` i• h O O O 1 a. fM a u cr jj���'�j�/// of-- 8 HT .. ��/ 0 VE TEMPLE _ P M 30-32 It, - ,f CC 1 1 C i'• ly � . I n ani I PROPOSED DISTRICT BOUNDARY so CENTERLINE OF DIAMOND BAR BLVD. ; - o � O IC, e r N � T L N f 1 s � S 7>•T•11T 1 c ` i• h O O O 1 a. fM a u cr jj���'�j�/// of-- 8 HT .. ��/ 0 1� o! SPG O / � °, i •P z O / Z �7t•A, f ` 111• .Y \�33 PG c S IZ- sol 00�S p 1 - Q \b c ti ; wP .11 1e O 1 _ J e �t' 66 C_, e' J aI b° Ift167 C..i<Pn - T 690 w i.s 9.i3 0 55IF. h tJ l � � < t? /: e CIS f O •� `+( 60 'L ' V .p s' C 7C 71 •�r' e \ •o �� 9� 1)1 fug �"° 12 60 ; eJAYHAwKER o L N. 0. 111•�•j t- ~ 4 V � Ips` � s}16 -• >• . i...f`e 1D 9t �f t � �• q F ` s Q_ U x 1 fi de 30 Ei do YM - 1F DETAIL SCALE W=100' TRACT NO. 34803 CONDOMINIUM TRACT N0.324!M. -7 14 15 13 Q, Plan fftereftcV 12 10 TRACT NO. 34803 CONDOMINIUM TRACT N0.324!M. -7 14 15 13 Plan fftereftcV 12 10 18 01 TRACT NO. 34803 CONDOMINIUM TRACT N0.324!M. -7 17 56 rot 2 Odincnn cone. — — 15 jncl.dll areal " let Plan fftereftcV t94983( 9.2,4-b' 18 01 t. r c � ac ,��/ 17 56 rot 2 Odincnn cone. — — jncl.dll areal " let Plan fftereftcV t94983( 9.2,4-b' M. .6. 925-14-16 ' M.B. 958-80-81 cc • Cy t 1 x f ��; -. •§ a ` �� vt }IZ 9 SOP I /�:r�. Jv mr !iia ir ^` r1 r,�;;. i r tt.�•t'Ift c �8 tf;si�fa" •,1 �, 32 .1'I� - 63 , a ®s I X! L / fly}3O `;(M r,•ryp -';4 / � � I � Jfe°,• hp irs,cr ------ o K Z lel it 1' r pyti� de -10 rrfi SES L SUN I ern 3' er - 4 CD64, O cr O Q dw'I• 1� !'� JS . 0 Q • \ i'. - I �JY' 041 OV II �`h 'J •tJ0" �v 8 , $ }, SNI •• Yt }h ' _ i t.t tl P•�l �e _ O h .7530 CO" MIN�IAUppM TR E �- � ol0 60 184 coM^ W ± O ` Z a TRA oo► �N1"M TRA<•T rV CCN pIE 1001, N � yw' a 160/ 60- . y ,ht-- 90,68 � I - ._ -•_ A3 K- i r < i �' �'`¢ -,�, i �-• ! ° rsfa 167 /� 4'•f �.i,';r rs'ly / '-?.s_ ;f 6. Q`$16 f do r"'Z Y j' v i ii t ' IS ti ld •' m ' �yr!• tA- `C tS k, '3 '119 Ij 12 f 6, fwlA^ i..i I t � 3". Rev n .l>r >I � "f t• III+ .r u} f` V Z ��• P, 11 FREE WAY - APPROACHES —pOMONA 8703 CO E 1 �r :r i QQ i POR SE %/4 C T25 W G GO ry ° \ Q -F s L uIIs+Y fi r i"A \ / c - r Jgl 1 \\ 10 \ BY, 8717 5 HT. o F R _3�-32� MpNP P M 100� N li P(� is u� • � O o�'p° �' ' 0 ' tte cs t s� g'6. ra - --- O /ss �,111A3 �•.,� � 5 ,.11 mss /CV �S nEt h i� tOr. S9 l: Q `` i r • r 2 0 /SOS �•t ® '! N o ff' S ^� •. s tst D-vrcvo'r �o`d ��_Dxuw E►sEy� GF Z sssvov� a°ua� cA ti ,'C—TR / NO 33851 SHEETS 4 a 5 b 111 I I 318.11 �; d02� ♦,fir 1 �a d wo IiLOS , �c SHEETS 2 a 3 �` _ 1`0 y. ' jG1Y 03-5xo 6`4 1 9 4-56 j m• s i [E UTAK pp Q w -� E51.57 I IV I i 5.15 O I O~ N SPil73; �••- _ 65 P M 61 — 76 51 - 64 ssbla�I� uw�r Y'�myo r Ib it '�°< �, _ , /gS / _' jiz•O,v � I5.60 bo 6 13,.39 •.Y.n� •'c rcG/O`�DENba SPFt\N _/LINEC_ AO GS A O / US` 0 J � ,trE lit Y- '�J GHT. 6 09 P _ _h; I M.$ 722Crnp ti ��os 36 ., 3� fi♦r, �♦.s• / M B x— 60 888 {�Aor.• d KCIer.• a C -60-61 M Ff 34e O 33 =e 4 tic M �u s z� 9 �..� S.1U61LEE$ LN. w COtoRUSN BRACT No. 24610 O , M6 7�2�5g'6o G H Ir, 13oF i t-s2t DRAFT 08/11/93 City of Diamond Bar Page: 1 Meeting Agenda For • August 17, 1993 1. CLOSED SESSION: 5:00 P.M. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 2. CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR MILLER INVOCATION: Dr. Robert J. Wiley, Jr., Northminster Presbyterian Church ROLL CALL: COUNCILMEN MACBRIDE, FORBING, WERNER, MAYOR PRO TEM PAPEN, MAYOR MILLER 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES ETC. 3.1 CERTIFICATE - PRESENTED POSTUMOUSLY TO JUAN "JOHN" THOME, Calfrans worker killed in the line of duty - Nancy to prepare ert ific�at �Q�_ �• � Com_ �-,� 4. SCHEDULE OF FUTURE EVENTS: 4.1 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. 4.2 PLANNING COMMISSION - AUGUST 23, 1993 - 7:00 P.M-, AQMD Auditorium, 21865 E. Copley Dr. 4.3 PARKS & RECREATION HearringSSION - Room, 21865SE.2Copley3Dr. 7:00 p.m. 4.4 CITY OFFICES CLOSED - SEPTEMBER 6, 1993 - LABOR DA Y 4.5 CITY COUNCIL MEETING - SEPTEMBER 7, 1993 - 6:00 P. M. - AQMD Auditorium, 21865 E. Copley Dr. 5. PUBLIC COMMENTS: 6. COUNCIL COMMENTS: 7. CONSENT CALENDAR: 6:45 P.M. OR EARLIER 7.1 APPROVAL OF MINUTES: 7.1.1 ERAL PLAN PUBLIC HEARINGLAR G-OAPPROVEYAS3SUBMITTED. 7.1.2 REGULAR MEETING OF JULY 20, 1993 - APPROVE AS SUBMITTED. 08/11/93 City of Diamond Bar Page: 2 Meeting Agenda For • August 17, 1993 7.1.3 ADJOURNED gREARINGMEETING APPROVEJULY AS7SUBMITTEDGENER AL PLAN PUBLIC 7.2 WARRANT REGISTER - APPROVE WARRANT REGISTER DATED August 17, 1993 in the amount of $ 7.3 TREASURER'S REPORT - RECEIVE & FILE TREASURER'S RE PORT FOR THE MONTH OF JUNE, 1993. 7.4 PLANNING 1COMMISSION MINve & file, REGULAR MEETING OF J my 12 7..5 STREET IMPROVEMENT BOND EXONERATION FOR CONDOMINIU M COMPLEX AT 800 S. GRAND AVENUE - The City desirentslocated to exonerate the bond posted for street imp on Tract No. 51079 (800 S. Grand Ave.). Recommended Action: Approve exoneration of the Certificate of Deposit posted for street improvements. 7.6 LABOR AND MATERIALS GORANDEAVEE�TRACTTION FOR 1079NDOThelCity M COMPLEX AT 8 posted for labor and desires to exonerate the bond p materials referenced in the Subdivison Agreement. Recommended Action: Approve exoneration of the Labor and Materials Bond posted for off-site improvements at 800 S. Grand Ave. in the amount of 7.7 GRADING BOND REDUCTION FOR CT13 LOT SUBDIVISIONThe Citydesires to AT DIAMOND KNOLL LANE IN TFO reduce the bond posted for grading. Recommended Action: Approve reduction of the Grading Bond to $� posted for �7�ys `Tv ,Jvt7 7.8 RESOLUTION NO. 93 -XX: A RESOLUTION FTHE NTY CITY LOS ANGELES, CO UNCIL OF THE CITY OF DIAMOND BAR, COiJ STATE OF CALIFORNIA, AMENDING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1993-94 FOR THE CITY OF DIAMOND BAR IN I OF ACCORDANCE WITH THE PROVISIONS CODE,OUNDERDIVISION PROTEST F Asirequired THE CALIFORNIA GOVERNMENT Ci by Government Code Section 7910, on June 15, 1993, y the he Ci Council formally adopted by resolution the App P Limit for Fiscal Year 1993-94. Due to an error in the computation of the Limit, the City Council is being to amend Resolution No. 93-15.S to reflect the corrected Appropriations Limit. Adopt Resolution No. 93-15A amending Recommended Action: the protested FY 93-94 Appropriations Limit to $12,222,333 ed limit of $12,275,495. from the originally establish City of Diamond Bar Meeting Agenda For August 17, 1993 08/11/93 Page: 3 PERT 7.9 Q ITCLAIM BY ON LONG'EA LTD. DRIVETNO HE OFTST�ORVESOCOURT - I Y LOCATED ove by L.A. County, the 88 when Tract 256 was app caner/Developer�Bra alea Lt .sof red totde 'egal Lot t 85 rk he County fo park purpos s. H Wever, am ea f ' ali ed. 'nvolved in is t ansiti n was ever v•ew D to ow wishes o quit laim his lot locat d on ong he City. Ci P ed Action cce t lot f Tract iew Dr., no h of St. Ives Court and rk to sign and record the Quitclaim. 7.10 RESOLU ION NO. 9 XX: A RES' UNCIL OF THE CI OF DIAMOND THETY CLERK, ON BEHALF OF ACCE T 1) THE ACATION OF A OFF RING OF A RELOCATED S sOVTH DIAMONLY BAR BOULEV RF ORD THE SOLUTION/EA E Action: .11 AMENDED �68 located thorize the 3L ION O THE CI Y CO A ORIZING D D CTING HE CIT OF DIAM ND)BAR TO EWER SEMENT TH R EAS ENT LOCAID AT 3 02 AND D ECT THE ITY C RK TO .vim nv n /- SOLID TS '- Troy Reco e d Acte ��p�Q� " " 0 - g, PUBLIC HEARINGS: WILL BEG PRECISELY AT 7:00 P.M 8.1 ORDINANCE NO. 04(1993): AN ORDINANCE OF THE CITYITS COUNCIL OF HAPCITY OF TER 13.05DOFMOND BAR TITLE 13OF LOSIN ENTIRETY, C COUNTY CODE AS DE STANDOARDSRELATDNGOPTENTO PUBLICSSAFETYEALARM REQUIREMENTS AN SYSTEMS - 2nd reading and adoption. Recommended Action: Approve by title only and adopt Ordinance No. 04(1993). 8.2 RESOLUTION NO. 93 -XX: RESANDOBBpRIADOPTINGOOF EA BAILCITY CSCHEDULE UNCIL OF THE CITY OF DIMO RELATED TO THE IMP � ENTATION AND ADMINISTRATION OF ASSEMBLY BILL 408 - Recommended Action: 9. NEW BUSINESS: 9.1 AWARD OF CROSSING GUARD CONTRACT FOR FY 93-94 - Recommended Action: 08/11/93 City of Diamond Bar Page: 4 Meeting Agenda For August 17, 1993 OF THE TY 9.2 RESOLUTION O ITY OF•DIAMOND BARIAPPROVING PILANSCAND IIPOF THEE SPECIFICATIONS FONTITORIAL SERVICES FOR THE HERITAGE PARK COMMUNITY CE Recommended Action: 9.3 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CIUCO UNCIL OF THE CITY OF DIAMOND BAR .. TO EMPL DISTRICT AT OLDPL - S� -ID7 Recommended Action: 10. ANNOUNCEMENTS: 11. ADJOURNMENT: August 3, 1993 INTERNATIONAL SERVICES, INC. SECURITY DIVISION 3771 242nd Street, Suite 205 state License No. PPO 11025 Torrance, CA 90505 and Bonded (310) 791-5015 24 hrs. Service Ms. Tseday Aberra City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Dear Ms. Aberra: International Services, Inc. is the successor company to Coleman Crossing Guards, Inc. These companies' vast experience in the management of crossing guard programs, including Diamond Bar's since 1980, remains an important component of ISI's operation. We are confident that our company can provide professional service to your City and ensure a continuation of your current program. Should any questions remain after reviewing that attached proposal that is submitted in response to your Request for Qualifications (RFQ), do not hesitate to contact me at (310) 791-5015. Respectfully submitted, INTERNATIONAL JERVICES, INC. r Bunce Pierce Director of Sales BP:re encl: INTERNATIONAL SERVICES, INC., , C G;• ', t !ITY SECURITY DIVISION -T, f - `'T 19 TRAINING AND ORIENTATION International Services, Inc. provides the following training program to all entry level employees, regardless of experience. • Company Orientation - This not only provides historical information as to our organization, but explains how we are unique and what is expected of each employee to maintain our success. The indoctrination to reports -- types, usage and completion is included. We rely on a professional video tape library for generic and specific training areas, however these training sessions are monitored by our Training Manager. • Specialized Training - Where required by agreement or to ensure success, our Training Manager will develop job specific classes. Not only are the security staff members exposed to such instruction, we also ensure the Supervisors receive the information to improve their capabilities to manage the assigned employees, and to support our goals by retraining where appropriate. • Supervisor Training - Where a leadperson is designated by contract, we provide a video training program to them prior to assignment. As in all other segments of our formalized training, a test is administered at the conclusion of the training , and a score/evaluation rendered. • On -the -Job (O.J.T.) Training - Due to the many variables, even on similar security projects, ISI remains a firm supporter of on-site training. Not only does it give the officer a better comprehension of how the duties fit into the overall goals, it offers our supervisors the opportunity to observe the employee in a real life work setting. We subscribe to the "show -them -what -to-do", "do -it -with -them", and then "monitor them doing it" philosophy. EXPERIENCE INTERNATIONAL SERVICES, INC. SECURITY DIVISION As the incumbent security vendor, we are pleased to list the current Crossing Guard cadre currently assigned to the Diamond Bar project. NAME DATE ASSIGNED Doreen Slemboski (Supervisor) 9/91 Jack Billings 8/91 Chen Tan 8/91 David Lee 9/91 Mary Diaz 1/92 Bridgett Searberry 4/92 Nanette Body 9/92 Jose Blanco 9/92 Perry Ponce 2/93 Adrian Garcia 3/93 The ISI staff members who will be directly associated with the service in various capacities are as follows: Ms. Sherine Assal, Owner. Involved in the day-to-day operations of all facets of the company. Sam Karawia, President and Chief Executive Officer. Active in the security industry since 1980, Mr. Karawia is a hands-on, actively involved company officer. Allan Bailey, as Director of Operations, has over eight years in Security, and was recently promoted to his current assignment coordinating the security operations and our Patrol Services unit. Patricia Sledge was transferred from a Branch scheduling position to Scheduling Supervisor, a reward she has certainly earned after four years scheduling employees. Doug McMillian heads up our proprietary 24-hour Dispatch Center, and is very familiar with the various Crossing Guard programs we administer, as his original responsibility with Coleman was to supervise portions of those assignments. He is now completing his eleventh year in private security. ISI also has two Field Supervisors in marked, radio equipped Supervisor Units on all three shifts. Additionally, we have our Patrol Service vehicles in the field, and each employee assigned to that group is Los Angeles Police Commission approved and wear the City authorized badge with pride. Though their ranks are too numerous to mention individually, they are noted here to demonstrate the depth of the service we offer, and under some circumstances may be a resource we could deploy to any customer. GUARD EXPERIENCE INTERNATIONAL SERVICES, INC. SECURITY DIVISION The following Crossing Guards are presently assigned to the City of Diamond Bar project, or are on summer hiatus awaiting a full staff program when the school years reconvenes. Doreen Slemboski (Supervisor) Hired 9/91 Jack Billings Hired 8/91 Chen Tan Hired 8/91 David Lee Hired 9/91 Mary Diaz Hired 1/92 Bridgett Searberry Hired 4/92 Nanette Body Hired 9/92 Jose Blanco Hired 9/92 Perry Ponce Hired 2/93 Adriana Garcia Hired 3/93 Additionally, ISI has two similar Crossing Guard contracts, with approximately 23 positions for a company total of 33 officers in that category of assignment. INTERNATIONAL SERVICES, INC. SECURITY DIVISION COMPANY BACKGROUND Originally formed in 1980, International Services, Inc. has evolved primarily from acquisition and networking from satisfied clients. Several security companies, acquired by ISI are well known and include: the retired L.A.P.D. Police Chief, Tom Reddin's organization, the several components of Coleman Security group, Security Officers Service, and Securicorp, to name the more prominent. As the company grew, it became apparent that though accounts came from every facet -- high rise buildings to hospitals, manufacturing to industrial -- the dual niches that developed were large and medium sized shopping malls and municipalities. Regardless of the economy, both categories of business were either growth -oriented and financially viable or long term relation - oriented and financially viable. While ISI does not limit their client base to any specific type, the malls and governmental assignments are the anchor points for our organization. Recently, due to interest from our customers, ISI has embarked on a new product line - Building Maintenance. The initial phase is growing rapidly, and we are confident that our projections will prove out and we will continue to enjoy successful growth. BILLING RATES Billing Rate Per Hour Percent of Change Pay Rate Per Hour Percent of Change INTERNATIONAL SERVICES, INC. SECURITY DIVISION CURRENT PROPOSED $ 9.45 $ 9.45 _-- None $ 6.00 $ 6.15 --- +2.5% Obviously, there is no increase in the billing rate from the previous and on-going contract. The employees would, however, receive a modest pay increase to assist in staff continuity. TY ALL CITY MANAGEMENT SERVICES, INC. July 26, 1993 Ms. Tseday Aberra, Administrative Analyst CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765 Dear Ms. Aberra: Enclosed you will find a Crossing Guard Program proposal for the 193-194 school year. All City Management Services is a professional management company and we will relieve your agency the inherent problems that go with the crossing guard maintain a $5,000,000 liability insurance policy. If you have any other questions, please feel free to contact me at (310) 348-9990. Sincerely, Ro ald G. Farwell, President ALL CITY MANAGEMENT SERVICES, INC. THE CROSSING GUARD COMPANY Enclosure 5839 Green Valley Circle, Suite 102 Culver City, CA 90230 310/348-9990 Fax 310/348-1167 F Y ALL CITY MANAGEMENT SERVICES, INC. July 26, 1993 Page -2- PROPOSAL FOR THE CROSSING GUARD PROGRAM FOR THE CITY OF DIAMOND BAR Crossing Guard Salaries ......................$ 30,964.00 Supervision ............................ 6,000.00 Payroll Tax .................................. 5,545.00 Workers' Compensation ........................ 5,545.00 Liability Insurance .......................... 1,479.00 Administrative Overhead ...................... __ 687.00 Total Cost ...................................$ 50,220.00 This proposal is based on a wage determination of $5.95 per hour, 181 school days, nine (9) guards and total hours of 5,204. The billing rate is $9.65 per hour. 4 IL ALL CITY MANAGEMENT SERVICES`,7IN'C July 26, 1993 17 Ms. Tseday Aberra CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765 Dear Ms. Aberra, I would like to take this opportunity to introduceour founded#in ALL CITY MANAGEMENT SERVICES, INC. (ACM). ACM was 1984 to manage public programs and consult with municipalities our main components is and otherve services with particularovernmental entities emphasis ne of protects emphasis on the management of school crossing guards. The program manager has over 30 years of experience in protective services which includes law enforcement with the Los Angeles Police Department. ACM is currently the largest and most experienced crossing guard and traffic control management company, with operations in Los Angeles, Orange, Riverside, San Bernardino and Ventura Counties. Contracting the management of your crossing guard program to ALL CITY MANAGEMENT will eliminate the need for your jurisdiction to be concerned with benefit packages as well as personnel and staff to administer the program. ACM will provide your agency with professional management team. "No job is too large or too small." CITY ENT The ICESIon of excellence and safety that L has provided its clients will becontinuedAinM SERVICES, NC. the City of Diamond Bar. We are willing to discuss your crossing guard program with you. If there are any questions, please do not hesitate to call me at (310) 348-9990. Sincerely, Ronald G. Farwell - President ALL CITY MANAGEMENT SERVICES, INC. "THE CROSSING GUARD COMPANY" 5839 Green Valley Circle, Suite 102 Culver City, CA 90230 310/348-9990 Fax 310/348-1167 F Y ALL CITY MANAGEMENT SERVICES, INC. RECRUITMENT AND SELECTION In approaching this program, ALL CITY MANAGEMENT SERVICES, INC.'s first choice of personnel would be to hire all existing ch ssiACMng guards and alternates that wish to continue employment If additional personnel are needed, ACM wouldncsn rate its efforts of recruiting in the area where the guard of other programs we found that it was work. Io the management more advantageous if individuals with a good knowledge values and mores community participate in the program. Community the are preserved and a more homogeneous relationship between This guard, school, parents and children is likely with is a crucial program and would function more effectively personnel recruited from within the community. Sources for recruitment would include but not be limited to the PTA and other parent groups, senior citizen groups, ewspaper retired teachers, retired postal workers and finally, advertisement. All applicants will complete applications and interviews. The interview would focus on assessing the individual's communicative abilities, employment history, ability to relate to others and work with children. Those passing this phase will then have a personal reference check by ACM. All applicants must: A) Be available during the entire school day B) Possess a high school education or its equivalent C) Be able to reaerlwrte and speak insured vehicleEnglish D) Possess a prop Y E) Possess a valid California drivers license F) Pass a medical exam G) Possess a telephone Successful completion of all phases qualifies an applicant for employment. The selection is then made. Those passing but not selected immediately are placed n an availability ster for alternate work and subsequently a permanent intersection. ALL CITY MANAGEMENT SERVICES, INC. is an equal opportunity employer and will hire senior citizens, women, veterans, and all qualified individuals regardless of their ethnic background or religious affiliation. E ALL CITY MANAGEMENT SERVICES, INC. ORIENTATION AND TRAINING After the contract is awarded and as soon as practicable, a training meeting of all personnel will be held. This meeting will include (1) the distribution and W 4co completion of all pre-employment forms: applications, I-9 form, medical history questionnaires, etc. (2) distribution and review of the policy manual of ACM and finally a training session on the proper procedures to use when crossing children. ACM has compiled an information and instruction booklet to use as a guide in training crossing guards. After the training and orientation session, employees will be tested on the material discussed during the training meeting. All personnel will be hired, assigned and inspected prior to the beginning of the contract. sufficient alternate rosters will be maintained to guarantee that all locations are covered when required. This roster isalso available to use in appointing guards to newly opened sites; thereby, insuring immediate response to requests for service. ALL CITY MANAGEMENT SERVICES, INC. SUPERVISION Supervisors will be instherefore,ed, tested, -rained resumesaarecnoteyebteavailable fore work on this contract begins; for the supervisory staff. st The supervisory selection processwill uards would e be rqualifi d nand whether any current cing rossing g osition. It has been our interested in a supervisory p experience, that many experienced and competent crossing guards look forward to promotional possibilities. Their experience and cmpany familiarity with the job has proven to b The aassibilitysset to theofobeing and to the client governmental entity. Brest, attention to able to promote creates excitement, job detail, and high morale. In addition to crossing guard promotion, recruitment wouldalso be from associations and organizations representing ng retired teachers or other individuals with strong sup erience and excellent communication skills, written and oral. Applicants for supervisory positions will be interviewed and selected by a panel of interviewers who themselves are familiar with crossing guard and supervisory duties and responsiblities. The interview Pr ewss will contain same or simarill be documented for future review. questions for each candidate an duals have been selected to work as field supervisors, Once indiviin much the same ame fashion as the crossing they will du guards; however, they will also be instructed in time keeping, report writing, and supervisory techniques. The supervisor will visit each site under his/her supervision on a regular basis and each participating school at least once a month. It has been our experience , n -going andder open- lines of successful and effective prop guard, supervisor, school, communication must exist between g tity. The field officials, parents and the client governmental en supervisor will be responsible for the recruitment �adni gra ning of personnel, coordinating safety assemblies, respo problems or complaints and reporting back to ALL CITY MANAGEMENT SERVICES, INC. ALL CITY MANAGEMENT SERVICES, INC. will use a coordinator to supervise and control the activities of the field supervisors. 1 11 ALL CITY MANAGEMENT SERVICES, INC. RONALD G. FARWELL 5839 OREEN VALLEY CIRCLE *102 CULVER CITY, CA 90230 (310) 348-9990 SUMMARY A thirty year career built upon solid accomplishments in multiple functions of law enforcement and business management. Can make tough decisions and develop subordinates; exceptional at defining and executing change in an organization. LINE POSITIONS Patrol Community Liaison Detective (Burglary/Homocide) Vice and Narcotics Intelligence INDUSTRIES Law Enforcement Private Patrol and Security Traffic Manager Detective Supervisor STAFF POSITIONS General Management Operations Personnel Administration Marketing Strategic Planning PROFESSIONAL DEVELOPMENT CES, INC. May 1985 - Present CO-FOUNDER AND RPORATEL CITY MANAGEMENT IPRINCIPAL As sole principal, I control all business and personnel operations for nearly 500 employees. I have responsibility for the management of personnel, all field operations and marketing; complete with customer satisfaction and quality control of all programs. Private Investigations for law firms on civil and couNt trustee matters. F Y ALL CITY MANAGEMENT SERVICES, INC. February 1980 - April 1985 COLFUNDSERRC � CORPORATE PRINCIPAL Co -Founder of this security operations company that increased annual revenue gradually from start-up to ofour (4) million dollars per year, in a two Y d u and my direction and control. Handled 2manageio supervisory responsibilities to include marketing, staffing, training and directing all personnel functions. April 1962 - April 1982 DETEC IVE SUPERVISOR/SGT S POLICE .OF POLICE Supervisory responsibility covered most aspects of law enforcement. Extensive experience and expertise in vice, uties narcotics and intelligence investigations • ersonal included organizing motorcades and providing p security for government officials and dignitaries.Tanning, Specific functions included: tactical p surveillence, travel route organization with in-depth knowledge of possible aggressors. TEACHING EXPERIENCE 1976 - Present Substitute Teacher and Guest Lecturer University of Southern California California State University Los Angeles Taught Police Science and Administration courses as 'l ell as participating in team teaching in Sociology and Psychology classes. EDUCATION 1978 Master of Public Administration Angeles California State University Los 1974 Bachelor of Science Public Administration Univerity of Southern California PERSONAL DATA Date of Birth: Decembr27, 1935ive ns, two daughters. Married thirty-nine (39) years; Personal and professional references furnished upon request. ►No ALL CITY MANAGEMENT SERVICES, INC. REFERENCE SHEET CROSSING GOARD CLIENTS Downey Police Department 10911 S. Brookshire Ave. Downey, CA 90241 1990 - Present Lieutenant Charles S. Baptista - (310) 904-2342 1987 - Present City of Agoura Hills 30101 W. Agoura Road #102 Agoura Hills, CA 91301 Terry Matz - (818) 597-7300 198 - Present Anaheim Police Department 425 Harbor Blvd. Anaheim, CA 92805 Mary Wentworth - (714) 254-1862 - 1991 Present City of Bell Gardens 6662 LovelandAve. Bell Gardens, CA 90201 Steve Steinbrecker - (310) 806-4545 Ext. 532 1992 - Present City of Calabasas 26135 Mureau Road Calabasas, CA 91302 Ken Johnson - (618) 888-9281 1992 - Present City of Chino Hills 2001 Grand Avenue Chino Hills, CA 91709 Bill Holley - (909) 590-1511 1987 - Present City of Cudahy 5220 Santa Ana Cudahy, CA 90255 Daniel A. Pulone - DirectorofBuilding & Public Services (213) Downey Police Department 10911 S. Brookshire Ave. Downey, CA 90241 1990 - Present Lieutenant Charles S. Baptista - (310) 904-2342 ► ALL CITY MANAGEMENT SERVICES, INC. CROSSING GUARD CLIENTS (cont'd) East Whittier City School District 1991 - Present 14535 E. Whittier Blvd. Whittier, CA 90605 Roy Barringer - (310) 698-0351 Fullerton Police Department 1989 - Present 237 Commonwealth Ave. Fullerton, CA 92632 Lieutenant Dennis Bryerton - (714) 738-6800 Glendale Police Department 1990 - Present 140 N. Isabel St. Glendale, CA 91206 Margie Morris - (818) 548-3143 City of Hidden Hills 1991 - Present 24549 Long Valley Road Hidden Hills, CA 91302 Cherie L. Plagia - (818) 888-9281 Huntington Park Police Department 1986 - Present 6542 Miles Ave. Huntington Park, CA 90255 Lieutenant Sullivan - (213) 582-6161 x289 Los Angeles County 1991 - Present 9300 E. Imperial Hwy. Downey, CA 90242 Charles Devlin - (310) 805-8538 City of Rancho Palos Verdes 1992 - Present 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90274-5391 Mark Rohloff - (310) 377-0360 4 A ALL CITY MANAGEMENT SERVICES, INC. CROSSING GUARD CLIENTS (cont'd) City of Stanton 1987 - Present 10660 Western Ave. Stanton, CA 90680 Steve Julian - (714) 220-2220 Ventura County 1988 - Present 800 S. Victoria Ave. Ventura, CA 93009 Steve Williams - (805) 654-2074 Vernon Police Department 1988 - Present 4305 Santa Fe Ave. Vernon, CA 90058 Elizabeth Sawickis - (213) 587-5171 City of Westlake Village 1991 - Present 31824 West Village Center Rd. Westlake Village, CA 91631 Ray Taylor - (818) 706-1613 Westminster Police Department 1989 - Present 8200 Westminster Blvd. Westminster, CA 92685 Lieutenant Marshall - (714) 898-3311 ALL CITY MANAGEMENT SERVICES, INC. TRAFFIC CONTROL CLIENTS City of Hidden Hills 1991 - 1992 24549 Long Valley Rd. Hidden Hills, CA 91302 Cherie Paglia - (818) 888-9281 Temecula Police Department 1990 - 1992 30755-A Aulde Road Murietta, CA 92563 Chief Rick Sayre - (714) 696-3600 E ALL CITY MANAGEMENT SERVICES, INC. PARKING gNFoRCEMENT CLIENTS City of Hidden Hills 24549 Long Valley Road Hidden Hills, CA 91302 Cherie L. Paglia - (818) 888-9281 1993 T)M -711909)62,4-2343 678 S. Indian Hill Blvd. Su. 108, Claremont, CA 91Lic.(P'PO 10684 U T""y Aberra Augmt 5, 1993 Administrative Analyst City Of Diamond Bar 21660 E. Copley Drive, S.# 190 Diamond Bar, CA 91675 Dear Tseday Aberra, We appreciate your interest in Perimeter One Security. I feel we have a great deal to offer you in reference to the crossing guard service needed for the city of Diamond Bar. It is my pleasure to provide you with our proposal for your approval. Perimeter One Security has the capability to provide you with a high caliber crossing guard service. I have included detailed information about officer rates, billing periods. insurance information. supervision, report information, holidays and a general summary of your program Thank you in advance for your consideration f l!4-16) y, 1' ' T !i Perimeter One is open 24 hours per day, seven days per week and all holidays. Coverage at the listed locations will consist of one crossing guard working per shift: per the hours requested by the city of Diamond Bar or one of its authorized represenatives. � $9.45 per hoar. The above hours can be increased of decreased to fit your needs. Additional crossing guards can be added at the above rate. Perimeter One bills only for actual hours worked 3 hour minimum per location. Recognized Holidays are billed at time and one half. See Holidays. fl; Ut Billing is done Bi -monthly and the invoices are mailed around the 1st and 16th of the month Payments are to be made Bi -monthly and are due 15 days from date of Invoice. A 10% late charge will be added to all payments that have not reached our office within 20 days. (15 days + a 5 day grace period) 1 INSURANCE: Perimeter One Security is covered by broad limits of insurance to protect our clients In connection with our operations. Our policy is for $1,000,000.00. Our insurance carrier will issue you a Certificate of Insurance per your request. Attached you will find a copy of Certification that was sent to one of our clients. SUPERVISION: Perimeter One Security will provide a field supervisor five days per week during the hours that the crossing guards are on duty. Our Supervisor will check to insure that a crossing guard is on location at the prescribed times and will inspect the crossing guards on a regular basis tuidmonitor appearance, a PP attention to duty, overall performance, provide training, g orL REPORTS: Supervisor will submit a montywri� report requcst�Inciden oft will how a more serious for the month (new hires. complaints P nature will be reported as they occur. HOLIDAYS: " Perimeter One recognizes the following as paid holidays: Presidents Day. Martin Luther Kings' Day, Labor Day, Fourth of July. Memorial Day, Thanksgiving, Christmas and New Years Day. GENERAL SUMMARY: Crossing Guards will be provided at the following locations: (subject to change) 1. Golden Springs Dr. & Sunset Crossing Rd. 2. Ballena Dr. & Meadow Falls Dr. 3. Harmony Hill Dr. & Evergreen Springs Dr. 4. Blenbuty Dr. & Maple Hill Rd. S. Pathfinder Rd. & Evergreen Springs Dr. 6. Quail Summit Dr. & Winterwood Lane 7. Cold Springs Lane & Brea Cyn. Rd. 8. Castle Rock Rd. & Cold Springs Lane 9. Golden Springs Dr. & Lemon AVG The following Officers will be provided for the above locations if chosen 1. Doreen Slemboski (Supervisor) 2 Nanette Body 3. Jack Billings 2 4. LevyFreyra 5. Jose Blanco 6. MaryDiaz 7. Rupinda Vander 8. Others as needed About Perimeter One: Perimeter One was established in June of 1990. The owner of Perimeter One Is John C. Slemboski who is an ex LASD officer and has been self employed since 1984. The company alter 3 years currently employs over 70 officers and is staffed by 2 Managers, 4 field supervisors and a dispatch officer. We have enclosed a partial reference list of some of our clients. Doreen Slemboski, who has acted as supervisor for the past year has already agreed to supervise the crossing guards in Diamond Bar should this company be accepted She will bring with her a wealth of supervision and experience. In addition this company will provider her with all the necessary support that she will need to remain effective. Perimeter One will also provide you with General Liability and Workers Comp Certificates once contracts have been signed. Should you have additional questions, we will be available to meet you at your convenience to discuss any aspect of this proposal. Our office number is (909)624- 2343. Upon signing a contract with Perimeter One, this bid will become part of that contract Again. we appreciate your time and interest in Perimeter One Security. We believe we can provide excellent service and thank you for your favorable response. Sincerely, C. Slemboski CLIENT Coca Cola City of Industry Contact Person Dennis O'Hara 813-866-4470 REFERENCE LIST Wal-Mart Colton, CA Contact Person Harold Banks 714-783-0497 Rialto Racquet Club Apts. The Daisy Apts. Rialto, CA Ontario, CA Contact Person Contact Person Robin Graoal Linda 714-356-8660 714-986-2011 The HIls Club Oak Tree Lanes Diamond Bar, CA Diamond Bar, CA f nn+or+ U.M C - cm 4VLLkw__ L LLr1VLL Contact Person Loren Wilson Julie Prieto 714-861-3424 714-860-3558 Wal-Mart The Daisy Apts. Fontana, CA Ontario, CA Contact Person Contact Person Mike Scott Marla or Jennifer 714-355-6922 714-986-4092 0 Igurctut STATE OF -;AUFORRIR 7LM-LY1 OF Ittlulcol 1 C' Ev • or aItFOR_ LICENSE NO. PW I0684 pR1o7 ma ms 2458 SUNWIGHT DRIVE DIAMOND BAR CA 91785 cttott attb, '.. ruices o p era#ar ISSUE DATE a Imlo VALID UNTIL b`E'PMi�t�El -10• I rs..�.._ a. �YYYYYI .. o sok OaF�+etil+ly avid. tl,e 4au 'iurau of Ldl«�cla+ and [n.+e�cigatiue vices. )F CALIF0101A :MRfYaYT OF 1pff [LENS' :CEIPT NO. 24600906 PERIMETER ONE 2458 SUNBRIGHT DRIVE DIAMOND BAR CA 91765 lil A001111. tODUCER ,i TIFICATE OF INSURANCE z-as-9.3Nif I, WSRK INSURANCE AGENCY, INC- 2900 NC.2900 W. BWADWAY LOS ANGELES, CA 90041 (213) 550-7910 F7gx 31g z_43-cr,33 NSURED PERIMETER ONE 2458 SUNBRIGHT DRIVE DIAMOND BAR, CA 91765 CO _TR CONFERS NO GHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEIND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPAN LETTER Y A INVESTOR'S INSURANCE CO. OF AMERICA COMPANY B LETTER COMPANY `. LETTER COMPANY D LETTER COMPANY E LETTER lE�1►iaE5 THIS IS OCERTIF TTHAT THE IN POLICIES O F INSURANCE NSU AN TERM OR CONDITION OFBANY CONTRALISTED BELOHAVCTT ORR OTHER DOCUMENT WITH POLICY E EEN ISSUED TO THE INSURED NAMED TH RESPECT TO WHICH THIS HSTA ANY DESC CERTIFICATE INDICATED. BY THE POLICIES EXCLUSIONS AMAY BE ISSUED OR MAY PERTAIN, TE INSURANCEND CONDITIONS OF SUCH POLICI SH LIMITS SHOWN MAOYRDED HAVE BEEN REDUCED BY PAD CLAIMSIBED - POLICY IS SUBJECT TO ALL THE TERM POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MM/DDNY) COMMERCIAL GENERAL LIABILITY CLAIMS MADE j[ OCCUR. A OWNER'S & CONTRACTOR'S PROT. TO FOLLOW X -ERRORS & nmT4ggT0x_q ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY KONWISER CORPORATION 4120 BIRCH STREET, 4 104 NEWPORT BEACH, CA 92660 ACORD 25-S (7190) GENERAL AGGREGATE $ 2,000,000 PRODUCTS-Cof4i AGG. $ 1, ()()0, 00() K PERSONAL & ADV. INJURY $ 1,000,000 2-21-93 2-21-94 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one Person) $ ------------ COMBINED SINGLE $ LIMIT BODILY INJURY $ (Per person) BODILY INJURY $ (Per aocident) PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ EACH ACCIDENT $ DISEASE—POLICY LIMIT $ DISEASE—EACH EMPLOYEE $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL --MAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZE EPR E .TATIVE % OACORD CORPORATION 1990