HomeMy WebLinkAbout12/07/1993CITY 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 Coast Air Quality Management District Auditorium
21665 East Copley Drive
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MEETING DATE: December 7, 1993
MEETINGTIME: 6:00 p.m. Regular Session
Terrence L. Belanger
City Manager
Andrew V. Arczynski
City Attorney
Lynda Burgess
City Clerk
Copies of staff repors or o#her written documentation relating to each item referred to an this agenda
are on;fie in the {office of the City;Clerk and are available for public �nspecbor� Ifo have questior►s
regarding an agenda items; please contact the City Clerk at>>(909)'86Q X488 during IwSmess hours.
The City of Diamond Bar uses RECYCLED paper and encourages you to ao the same.
THIS MEETING IS BEING BROADCAST LIVEi:X8 JONES :E-
FOR AIRING ON CHANNEL 1,2, AND BYREMk*INING iNTHERC�4
YOU ARE GIVING YOUR PERMISSION TO BE; TLED
1. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
2. PRESENTATIONS:
Next Resolution No. 93-77
Next Ordinance No. 05(1993)
6:00 P.M.
MAYOR MILLER
Pastor Robert Clayton, Diamond
Bar Worship Center
Mrs. Rachel Natiiv, Temple
Shalom
Reverend Margaret Hedden,
New Life Fellowship Church
Reverend Wonkyu Shin, Sam Sung
Korean Presbyterian Church
Dr. Ahmed Sakr, Walnut Valley
Islamic Center
Councilmen MacBride, Forbing,
Werner, Mayor Pro Tem Papen,
Mayor Miller
2.1 PRESENTATION OF CITY TILE TO JOE RUZICKA - for service on
the Diamond Bar Improvement Association for six years.
3. CONSENT CALENDAR: The following items listed on
the Consent Calendar are considered routine and are approved
by a single motion.
3.1 APPROVAL OF MINUTES:
3.1.1 Regular Meeting of November 2, 1993 - Approve
as submitted.
3.1.2 Regular Meeting of November 16, 1993 - Approve
as submitted.
3.2 CALIFORNIA GOVERNMENT CODE SECTION 995 LEGAL DEFENSE IN
THE MATTER OF GROSS V. MILLER; AND, REIMBURSEMENT
AGREEMENT - Memorialization and ratification of an
agreement for legal services, entered into pursuant to
Calif. Gov't. Code Sec. 995, between the City and the law
firm of Wildish & Nialis, related to the matter of Gross
v. Miller; and a reimbursement agreement between the City
and Gary G. Miller, related to the matter of Gross v.
Miller.
DECEMBER 7, 1993 PAGE 2
Recommended Action: It is recommended that the City
Council memorialize and ratify the agreement between the
City and the law firm of Wildish & Nialis. It is further
recommended that the City Council enter into an agreement
for reimbursement between the City and Gary G. Miller and
that an invoice for $5,328 be paid.
3.3 WARRANT REGISTER - Approve Warrant Register dated
December 7, 1993 in the amount of $904,904.06.
3.4 TREASURER'S REPORT - Month of October, 1993 - Receive &
File.
3.5 CLAIMS FOR DAMAGES:
3.5.1 Claim for Indemnification filed by L.A. County
November 3, 1993 in the Matter of Neal Charles
Dewitt, et al., v. City of Diamond Bar -
Recommended Action: Reject request and refer
matter for further action to Carl Warren &
Co., the City's Risk Manager.
3.5.2 Claim for Indemnification filed by L.A. County
November 3, 1993 in the Matter of Fernando
Diaz v. County of Los Angeles, et al. -
Recommended Action: Reject request and refer
matter for further action to Carl Warren &
Co., the City's Risk Manager.
3.6 EXONERATION OF GRADING SURETY BOND POSTED FOR 2500
CROWFOOT "THE COUNTRY" - The City desires to exonerate
Surety Bond No. 3-05-01025-6 posted for grading in the
amount of $28,000.
Recommended Action: Approve and accept work completed
and exonerate the bond posted.
3.7 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT
OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2,
1993, DECLARING THE RESULT AND SUCH OTHER MATTERS AS
PROVIDED BY LAW.
Recommended Action: Adopt Resolution No. 93 -XX declaring
the results of the General Municipal Election held on
November 2, 1993.
3.8 MEMORANDUM OF UNDERSTANDING FOR THE GRAND AVENUE TRAFFIC
SIGNAL SYNCHRONIZATION/ARTERIAL IMPROVEMENTS PROJECT -
The L.A. County Metropolitan Transportation Authority
(MTA) approved funding for the City's Grand Ave. Traffic
DECEMBER 7, 1993 PAGE 3
Signal Synchronization/Arterial Improvement Project at
its meeting of June 30, 1993. This approval resulted
from the FY 1993-94 Multi -Year Call for Projects
initiated in January 1993. The work will include traffic
data collection, generation/implementation of timing
plans, development of plans, specifications and estimate
(PS & E) for synchronization of nine traffic signals
along Grand Ave. (from St. Rte. 57 to the easterly City
limits) and intersection modifications at Grand
Ave./Diamond Bar Blvd. and Grand Ave./Golden Spgs. Dr.
The attached Memorandum of Understanding (M.O.U.) has
been prepared in conjunction with MTA.
Recommended Action: Approve the M.O.U. and authorize the
Mayor to execute the M.O.U. for the Grand Avenue Traffic
Signal Synchronization/Arterial Improvements Project.
4. ADMINISTRATION OF OATHS OF OFFICE:
4.1 SWEARING-IN OF COUNCILMEMBERS-ELECT - EILEEN R. ANSARI,
CLAIR W. HARMONY and GARY H. WERNER - officiated by
Assemblyman Paul V. Horcher.
4.2 PRESENTATIONS TO COUNCILMEMBERS JOHN FORBING AND DEXTER
MacBRIDE
4.2.1 PRESENTATIONS BY CHAMBER OF COMMERCE
4.3 REORGANIZATION OF CITY COUNCIL:
4.3.1 SELECTION OF MAYOR
4.3.2 SELECTION OF MAYOR PRO TEM
4.4 PRESENTATION TO MAYOR GARY G. MILLER
RECESS: RECEPTION
RECONVENE:
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 agenda. Please complete a Speaker's Card and give it to
the City Clerk (completion of this form is voluntary). There
is a five minute maximum time limit when addressing the City
Council.
6. COUNCIL COMMENTS: Items raised by individual Council -
members are for Council discussion. Direction may be given at
DECEMBER 7, 1993 PAGE 4
this meeting or the item may be scheduled for action at a
future meeting.
7. SCHEDULE OF FUTURE EVENTS:
7.1 Planning Commission - December 13, 1993 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
7.2 Traffic & Transportation Commission - December 16, 1993
- 6:30 P.M. AQMD Hearing Room, 21865 E. Copley Dr..
7.3 Parks & Recreation Commission - December 16, 1993 - 7:00
p.m., Heritage Park Community Center, 2900 S. Brea Canyon
Rd.
7.4 City Council Meeting - December 21, 1993 - 6:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
8. NEW BUSINESS:
8.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFI-
CATIONS FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS ON
GRAND AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - On June 1,
1993, the City Council directed staff to prepare plans
and specifications for the Grand Ave. guardrail landscape
improvements along the northerly side of Grand Ave.
easterly of Rolling Knoll Rd. At this time, the plans
and specifications have been prepared.
Recommended Action: Adopt Resolution No. 93 -XX approving
plans and specifications for the Grand Ave. Guardrail
Landscape Improvement Project.
9. ANNOUNCEMENTS:
10. CLOSED SESSION: 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).
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, December 7, 1993.
Items for consideration are listed on the attached agenda.
I, LYNDA BURGESS, declare as follows:
I am the City Clerk in the City of Diamond Bar; that a copy
of the Notice for the Regular Meeting of the Diamond Bar City
Council, to be held on December 7, 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 3rd day of
December, 1993, at Diamond Bar, California.
/s/ Lynda Burgess
Lynda Burgess, City Clerk
City of Diamond Bar
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City of Diamond Bar
Verbatim Transcript of
Comments made by Terry Birrell
City Council Meeting of December 7, 1993
Terry Birrell: My name is Terry Birrell, my address is 1528 South
Gold Canyon Dr., Walnut, which is Diamond Bar.
I'd like to express, first of all, congratulations
to the new councilmembers and to our new mayor.
Much might be said on a night, like tonight, of
visions for the future of Diamond Bar, but I must
postpone any discussion on that topic, because I'd
like to use my five minutes to respond to the
attack made by Ms. Papen at the last City Council
meeting against 23 residents of Diamond Bar.
By way of reminder, Ms. Papen filed the complaint
with the District Attorney's Office, accusing the
23 signers of the Notice of Intention to Recall
her of violating California law because the
grounds for recall were allegedly illegal.
I'm here to reaffirm the fact that each of the
grounds for recall is entirely true as stated.
Let's discuss those issues. First of all, and I
can only discuss, primarily, one of the issues she
raised last time, Ms. Papen denies that there was
a conflict of interest with respect to her April
1992 vote on the trash hauling issue. In April of
92, she voted to have the City negotiate with
Western Waste Industries, the highest bidder by
the way, for a contract to award the exclusive
waste franchise, i.e., monopoly for Diamond Bar.
The denial of a conflict of interest is based on a
letter which she received from the Fair Political
Practices Commission. I have a copy of that
letter here (letter shown on overhead). It says
"in conclusion, Councilmember Papen may
participate in the decision to grant the solid
waste hauling franchise." Now she would have us
stop reading the letter at the first page, I think
we should read just a little bit further. On page
2, Councilmember Papen represented the facts to be
that, she was residing with a gentleman who was
not her spouse and that he was a marketing
consultant representing two trash haulers in the
City of Diamond Bar. The law in question says
that, "a public official may not make a decision
or participate in making a decision where they
have a financial interest." And a financial
interest is defined "as any source of income
aggregating an excess of $250.00 twelve months
before the decision." Let me put the language of
the law into real facts. I have here a Profit and
Loss statement of Michael Lowe, which I won't
show, but I can if requested, which shows that he
earned professional fees from WWI, Western Waste
Industries, of over $43,000 for 1991 and the first
seven months of 1992. Thus, if Ms. Papen were to
have a bank account with him, she would be able to
withdraw all the funds from that bank account
which he earned from Western Waste Industries,
and that would create a conflict of interest under
the above stated law. And the FPPC was concerned
about that, they requested assurance that they did
not have such bank account. Page 4, you have
stated in your request for advise that
Councilmember Papen and her gentleman friend do
not share any financial interest nor joint
checking accounts, and further down in the page,
commission notes, that they do not act as a finder
of fact with respect to rendering advise, it's
solely based on her representations.
I have here a bank account, (bank account shown on
overhead) Bank of America bank statement some
three months before her request, the account is to
Phyllis E. Papen and Michael R. Lowe. All these
are matter of public record.
Now it appears that there was some sort of an
attempt to cover up Ms. Papen's name was
subsequently deleted from some bank statements,
however, her name does appear on the bank
statement after she assured the FPPC that she and
Mr. Lowe do not share bank accounts. Furthermore,
it was also back on the bank statements before
November 1992 when she voted again on the issue.
So it certainly appears to me that she does have a
conflict of interest as stated on the Notice of
Intention to Recall.
Ms. Papen said she didn't vote in November 1992 on
the trash issue. This is November 17, 1992, these
are copies of the Minutes of the City Council.
There's a motion providing for non-exclusive
contract, permitting in essence a non monopoly on
trash hauling in the City and as I see it hear
recorded by our City Clerk, Mayor Pro Tem Papen at
the time voted No on the issue. Without that
vote, there would have been no monopoly franchise
to award to Western Waste Industries. And the
very next vote, was for that franchise and the
vote was awarded to Western Waste Industries
although at that time she abstained. But, there
is still a conflict of interest with respect to
the first vote.
In closing, and I'll omit the items with respect
to taxes, etc. In closing, I'd just like to say
that when Mr. Lowe, on election evening, was
accused of having distributed mailers containing
falsehoods about several candidates. Neither Ms.
Papen nor Mr. Lowe denied the fact. Ms. Papen
asked that we forget about the past and work
together for the future. Two weeks later she
falsely, groundlessly attacked signers of the
petition for recall. I'd like the members of the
City Council to be honest with their constituents
and the public. To take responsibility for their
actions. To stop seeking to profit personally
from their office and to represent the citizens of
Diamond Bar rather than themselves. And, I, I
would like to work together for healing within the
City, but healing cannot begin until the festering
agent's removed. Thank you.
12-8-93
21660 EAST COPLEY DRIVE • SUITE 100
DIAMOND BAR, CA 91765-4177
909-860-2459 - FAX 909-861-3117
T E L E C O P Y
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wC
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
City of Diamond Bar
Verbatim Transcript of
Comments made by Michael Yoder
City Council Meeting of December 7, 1993
Michael Yoder: Honorable members of the City Council, City staff
and citizens of Diamond Bar. My name is Michael
Yodel and I represent Diamond Bar Associates. In
the past few weeks, two members of this City
Council and the former City Council, Mr. Miller
and Ms. Papen have made several statements about
the lawsuit filed by my client, Diamond Bar
Associates against the City, against Mr. Miller
and against Ms. Papen. These statements have been
made to the press and to others and tonight Ms.
Papen made a further statement about the lawsuit.
Unfortunately, the statements that have been made
have mischaracterized and distorted what is
happening in the lawsuit. It's time to set the
record straight.
According to Mr. Miller he's been vindicated.
According to Ms. Papen we've been found innocent.
Tonight Ms. Papen reported that there has been a
total exoneration and that we are done with this
matter. That is not the truth. The fact of the
matter is the ruling that has been made by the
Court that Ms. Papen reported here tonight as
totally exonerating her and getting done with the
matter, dealt with only a partial portion of the
case. What the Court has found is that Mr. Miller
and that Ms. Papen are immuned from being sued
personally. In other words, that no matter what
they did, no matter how egregious it is or
improper it was, it doesn't matter. That they
personally can not be sued. What this means is
that Mr. Miller and Ms. Papen have been able to
hide behind the cloak of immunity leaving the City
of Diamond Bar to hold the bag to defend against
the charges and to face exposure. That is the
situation that still exists. Where the City is
still very much a defendant. The City is still
very much facing charges that are made, based upon
the conduct of Mr. Miller and Ms. Papen. And I
believe it.is important that the record be
straight as to what the present situation is.
Moreover, the matter is not at an end. There are
other avenues for review of this Court's decision
which was based on a very technical, legal issue.
So it is far from over.
Moreover, the fact of the matter is, as has been
distorted, that Diamond Bar Associates has been
trying throughout this case and even before to get
a resolution on the merits. But that the former
City Council, Mr. Miller, Ms. Papen and their
lawyers have stonewalled on every occasion. They
have kept Diamond Bar Associates from being able
to answer questions raised by the City's expert
consultants, Layton & Associates, and they
deprived the City Council of information, relevant
information that the City's own expert consultants
asked to be submitted and be reviewed.
The fact of the matter is that the City Manager
apparently, according to him, on his own,
prevented Diamond Bar Associates from even trying
to answer the questions that the City's own expert
consultants asked to be answered in connection
with Tract 47850. And if the City Manager is to
be believed, this was done despite the fact that
City staff had agreed the Diamond Bar Associates
be given the opportunity. It was done despite the
fact that even the City Manager initially agreed
to give Diamond Bar Associates the opportunity to
answer the questions. It was done despite the
fact that the City Manager never asked the City's
expert consultants whether the questions could be
satisfactorily answered. Despite the fact the
City Manager never asked the City's expert
consultant whether Diamond Bar Associates had been
diligent. Despite the fact the City Manager never
asked the City's expert consultant how long
reasonably it would take Diamond Bar Associates to
respond to the questions and more importantly,
without ever asking the City's expert consultant
whether Tract 47850 ultimately could be safely
built.
Mr. Miller, the City's former City Council and the
outside City Attorney's for the City have turned a
deaf ear to every request made by Diamond Bar
Associates to meet to try and resolve the geology
issues which are the only issues that have been
raised as a reason for not approving the project.
Early on, when the suit was first filed, requests
made to deal with were turned away. In April a
letter was written, it was not responded to,
trying to resolve the matter. In September a
letter was written again trying to resolve the
matter, again it was not responded to. Diamond
Bar Associates consultant have prepared a report
answering the questions that have been asked by
the City's expert consultants. Diamond Bar
Associates has asked the City to review the report
and has offered to pay the City's expert
consultants to review the report and the City's
outside counsel has refused to allow that to
happen. Diamond Bar Associates is optimistic that
this City Council, this new City Council will try
to resolve these questions and that this matter
can be dealt with not with mischaracterizations
and distortions, but with true facts, based on an
attempt to resolve the matter rather than allowing
attorneys like myself and outside attorneys to be
able to send their children to college at the
expense of the City of Diamond Bar. Thank you.
12-8-93
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.: j fo
TO: Terrence L. Belanger, City Manager
MEETING DATE: December 7, 1993 REPORT DATE: November 10, 1993
FROM: George A. Wentz, Interim City Engineer
TITLE: Exoneration of Grading Surety Bond Posted for 2500 Crowfoot Lane in
the "Country" in Diamond Bar.
SUMMARY:
The City of Diamond Bar desires to exonerate the surety bond posted for
grading located at 2500 Crowfoot Lane in the amount of $28,000.
RECOMMENDATION:
It is recommended that the City Council approve and accept the completed work
and exonerate the surety bond which was posted for a single family residence
grading at 2500 Crowfoot Lane in the amount of $28,000 and instruct the City
Clerk to notify Los Angeles County, Mardiros Markarian and First Fidelity
Thrift and Loan Association of the City Council's action.
LIST OF ATTACHMENTS:x Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file
_ Ordinance(s) in City Clerk's Office)
_ Agreement(s) X Other: Final Engineering
Certificate & Thrift
Certificate.
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed N/A
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? N/A
4. Has the report been reviewed by a Commission? _ Yes x No
Which Commission? N/A
5. Are other departments affected by the report? _ Yes x No
Report discussed with the following affected departments: N/A
REVIEWED BY•
1�64�
I1 1
Terrence L. B anger Georg a tz
City Manager Inteifim Cit E ineer
CITY COURCIL REPORT
AGENDA NO.
MEETING DATE: December 7, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Exoneration of Grading Surety Bond Posted for 2500 Crowfoot
Lane
ISSUE STATEMENT:
This report requests the exoneration of a Surety Bond posted in the form of
a Thrift Certificate for grading located at 2500 Crowfoot Lane in the amount
of $28,000.
RECOMMENDATION:
It is recommended that the City Council approve and accept the completed work
and exonerate the Surety Bond which was posted with Los Angeles County in
August, 1989 (in the form of a Thrift Certificate) for a single family
residence grading at 2500 Crowfoot Lane in the amount of $28,000, and is now
in the posession of the City Clerk. Further, it is recommended that the City
Council instruct the City Clerk to notify Los Angeles County, Mardiros
Markarian and First Fidelity Thrift and Loan Association of the City
Council's action.
FINANCIAL SUMMARY:
This recommendation has no financial impact on the City's 1993-1994 budget.
BACKGROUND:
The grading on this 3.5 acre lot was for a 5,000 square foot single family
residence. Rough grading and construction of this residence commenced under
the supervision of Los Angeles County. In February 1991, when release of the
grading bond was requested by the Developer it was explained to him that
final grade sign -off was required prior to release of bond. On receipt of
the final grade certificate signed by the Civil Engineer, it became apparent
that considerable changes to the approved grading had been made on site. As-
Builts were finally submitted to the City in May 1993 with some recommended
design revisions in the form of retaining walls and splash walls in the
vicinity of the 72" wide concrete drain. The lot was inspected and final
grade was approved in November, 1993 by the Public Works Inspector.
Therefore, we now recommend that the surety posted with the County of Los
Angeles be released.
PAGE 2
2500 CROWFOOT LANE
CITY COUNCIL REPORT
DECEMBER 7, 1993
DISCUSSION:
The following listed surety needs to be exonerated:
Address: 2500 Crowfoot Lane
Developer: Mardiros Markarian
Tract No.: 30577
Certificate Number: 3-05-01025-6
Principal: First Fidelity Thrift and Loan Association
Amount: $28,000
PREPARED BY:
Anne M. Garvev
CITY OF DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 190
DIAMOND BAR, CA 917654177
(909) 396-5671
SUPERVISED GRADING INSPECTION CERTIFICE�TE
JOB ADDRESS/LOT AND TRACT NO. .2500 42,eyA)F007 LAI. PERMIT NO
OWNER Fd_ LAi LAI CONTRACTOR mARn►Ros insR KARj =)"
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
I certify that the earth fills placed on the following lot(s) 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 engineering geologist, relative to this site, have recommended the installation of buttresses, fills or other similar stabilization
measures, such earthwork construction has been completed in accordance with the approved design.
LOT NO.0 60 IRFiC -r DOES 7 7
See report dated for* compaction test data, recommended allowable soil bearing values and
other recommendations.
EXPANSIVE SOILS (YES) (NO) LOT NO.(S)
BUTTRESS FILLS (YES) (NO) LOT NO. (S)_
REMARKS
ENGINEER REG. NO. DATE
Signature (and wet -stamp)
SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION
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 soils reports have been followed in the execution of the work.
LOT NO. (S)
REMARKS
ENGINEER REG. NO. DATE
Signature (and wet -stamp)
I certify to the satisfactory completion of grading in accordance with *the approved plans. All required drainage devices have
been installed; slope planting established and irrigation systems provided (where required); and adequate provisions have been
made for drainage of surface waters from each building site. The recommendations of the soils engineer and engineering
geologist (if such persons were employed) have been incorporated in the work. FAsze'el y SIDE of %NF f11`
LOT NO.(S) t 7' 60 n,0 7,eACT 30 -7
REMARKS OW,vu2 MOST MA/NTAW _%Nc,GRgi,e AAEk 799 13ACL PATI) 2VA/A/ E /NP MA/A/ 7iFAl✓AGP bITeH oAl iNc
Signature (and wet -stamp)
GRADING CER 77FICA 77ON BY TA
INSPEC17ON AND RELEASE TO B
FINAL GRADING CER 77FICA 770N BY
AND RELEASE TO BUILDING DEPART
NO. C- 216 74— DA E =Z
SNEER AND G ENGINEER IS REQUIRED FOR ROUGH GRADE
'ARS FOR CTURAL PERMITS.
Expires 9 -3o -9T
IN ENGI S REQUIRED BEFORE FINAL GRADE INSPECHON
t _ _ F S7RUC7URE.
j�IRSTFIDELITY
-_THRIFT & LOAN ASSOCIATION -------- -- - ----- - - ------------
ASSIGNMENT OF THRIFT AND LOAN SAVINGS
ACCOUNT NUMBER 3-05-01025-6
SECURITY FOR: Mardiros Markarian hereinafter called ASSIGNOR whose principal
place of business is 1804 S. Tintah Drive, Diamond Bar, Ca does hereby assign,
and set over to the county of Los Angeles, all right, title and interest of
whatever nature, of assignor, in and to the insured account of assignor in the
FIRST FIDELITY THRIFT AND LOAN ASSOCIATION evidence by a Thrift Account in the
amount of $28,000.00 numbered 3-05-01025-6 which is delivered to assignee
herewith. Assignor agrees that this assignment carries with it the right in
the insurance of the account by the Federal Deposit Insurance Corporation, and
includes and gives the right to assignee to redeem, collect, and withdraw the
full amount of such account at any time WITHOUT NOTICE TO ASSIGNOR. This assign-
ment is given as security for liability for 2500 CROWFOOT, DIAMOND BAR, CA
aka Lot 60 of Tract 30577, in the County of Los Angeles, State of California
as per map recorded in Book 798, pages 51 to 64 inclusive of maps, in the office
of the County Recorder, including interest and penalties, and to insure compl-
iance with the applicable part or parts of County of Los Angeles Ordinance No.
2225, as amended, and Article 111 E of Ordinance 4099 the Administrative Code
of the County of Los Angeles.
Assignor hereby notifies the above-named Thrift and Loan Association of this
assignment.
Dated this 2 day of 17i/,,,- U j T, 1989
RAY VAN COUVERING OR
HAROUTIOUN MARKARIAN OR I S MARKA4TAN
ZAROUHIE HAROUTIOUN MARKARIAN OR 1804 S. Tintah Drive, Diamond Bar, CA
RECEIPT FOR NOTICE OF ASSIGNrENP: Receipt is hereby acknowledged to the County
of Los Angeles of written notice of the assignment to said County of thrift
account identified above. We have noted in our records the County's interest in
said account as shown by theabove assignment and have retained a copy of this
sheet. We certify that this account is fully insured by the Federal Deposit
Insurance Corporation and that we have received no notice of any lien, encumbrance
hold, claim, or obligation of the above -identified account prior to the assign-
ment to the County of Los Angeles. We agree to make payment to the County of
Los Angeles upon request in accordance with the Thrift and Loan laws applicable
to this association.
Dated this 22nd
FIRST FIDELITY THRIFT
202 W. VIS2� WAY- vr�r),
BY:
•:l
Manager
W.%IRER
MC Page 1 of 2
'Ae' Zer °ecera C_ s t ;rscrarce C rcora: on . d ren 7n ^r_u;tra Barwc_rs=cc:anen
202 WEST VISTA WAY, VISTA CALIFORNIA 92083 (619) 941-1223 FAX# (619) 724-8639
147IRST FIDELITY
------ --THRIFT & LOAN ASSOCIATION
RECEIPT FOR THRIFT AND LOAN SAVINGS ACCOUNT NUMBER 3-05-01025-6
Receipt is acknowledged of the above assignment and the Thrift Account identified
in the above assignment. The Thrift and Loan Association named in the above
assignment hereby authorized and directed to pay any earnings on the above -
identified account to the above-named assignor until otherwise notified in writing
by the County Engineer of the County of Los Angeles.
Dated thi E�„ ►F . kday of Pv 1989 .
e rra dt ^
COUNTY ENGINEER
County of Los Angeles
(EU4tiTknV&ftblidVft k)s
Building and Safety Division
201 East Bonita Avenue
San Dimas, Ca 91773
(714) 599.1286 or (818) 339.6281
%, E.IRFR Page 2 of 2
FDIC
`.lemoer: Feaerai Depen; Insurance Ccroorauon • American !roes;nal Ban-er5 pn
202 WEST VISTA WAY, VISTA CALIFORNIA 92083 (619) 941-1223 FAX# (619) 724-8639
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DRAFT
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
NOVEMBER 2, 1993
1. CLOSED SESSION: 5:00 P.M.
Litigation - Government Code Section 54956.9
City v. L.A. County Property Tax
Diamond Bar Assoc. v. City
Citizens to Protect Country Living v. Burgess
Anderson v. City (Hamburger Hamlet)
Personnel - Government Code Section 54957.6
Property Acquisition - Government Code Section 54956.8
Lot owned by Bramalea Ltd. on Longview Dr. north of St.
Ives Ct.
No reportable action taken.
2. CALL TO ORDER: M/Miller called the meeting to order
at 6:00 p.m. in the AQMD Auditorium, 21865 E. Copley Drive,
Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Mayor Miller.
INVOCATION: The Invocation was given by Pastor
Jeff Stewart of Calvary Chapel, Pomona Valley.
ROLL CALL: Mayor Miller, Mayor Pro Tem Papen,
Councilmen Werner, Forbing 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; Bob
Rose, Community Services Director and Lynda Burgess, City
Clerk.
3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
3.1 Presentation of certificates of recognition to Lyonel
Anthony Rodriguez and Curtis E. Henderson for capturing
a purse snatcher on September 29, 1993 at Lucky's
Supermarket - M/Miller continued the item to the next
regularly scheduled meeting of November 16, 1993.
3.2 Certificate of recognition for establishment of "Moving
Wall" Memory Garden Memorial Park in the City of Brea,
California - Tom Ortiz received the Certificate presented
by M/Miller.
4. SCHEDULE OF FUTURE EVENTS:
4.1 PLANNING COMMISSION - November 8, 1993 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
4.2 VETERANS HOLIDAY - November 11, 1993 City offices will be
closed in observance. Offices will reopen November 12,
1993.
1
NOVEMBER 2, 1993 PAGE 2
4.3 CITY COUNCIL MEETING - November 16, 1993 - 6:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5. PUBLIC COMMENTS: Karen Holder, 23419 E. Kidd Drive,
Vice President of the Diamond Ranch Booster Club, thanked
C/Forbing and CSD/Rose for their support in the planning stage
of the groundbreaking celebration. She also thanked all the
individuals whose contributions helped to put on the event.
All expenses were covered by these contributions and the
City's offer for $5,000 was not expended. She requested that
the City hold the $5,000 in trust until such time that the
Booster Club chooses an appropriate expenditure for the High
School. She further requested that the offer be put in
writing so there is proof of the transaction for future
reference.
The City Council agreed to provide a letter setting aside the
$5,000 for the Booster Club as requested.
William Gross expressed his displeasure with the City's policy
of placing Council names on road improvement projects,
occurring throughout the community, since the work is being
financed by the taxpayers and not the Council. He also
complained of the cancellation of the last City Council
meeting. There are many community issues that can be
discussed when the agenda is light.
Max Maxwell stated that the flier being passed around from the
Supporters of Diamond Bar Citizens to Protect Country Living
is not endorsed by the Citizens to Protect Country Living. He
also clarified that the Citizens to Protect Country Living is
not for "no growth" but for "limited growth."
Jeff Nelson, an executive for the Orange County Billboard
Company, expressed concern over the lack of ethics during the
campaign and removal of and damage to political signs.
Barbara Beach-Courchesne stated that her name was falsely put
on the flier sent out by the Supporters of the Citizens to
Protect Country Living.
Frank Dursa also expressed concern over the lack of ethics in
campaign tactics.
George Barrett stated that all of the people will not be
fooled by the politicians all of the time
6. COUNCIL COMMENTS:
C/Werner asked if the City has investigated all of the mailers
that were submitted.
2
NOVEMBER 2, 1993 PAGE 3
CC/Burgess stated that every organization, with an available
address, has been investigated. Once confirmation has been
received on all mailers, a report will be presented to the
City Council.
C/MacBride, in regard to the recent cut of library services to
three days a week, stated that the Friends of the Library will
be calling for community help and discussion to assist with a
Provision of Services for the continuance of the library on
its formal status.
C/Forbing noted that unethical tactics have been used by those
competing with the City Council.
C/Werner called for M/Miller's resignation.
MPT/Papen expressed sympathy to Jeanette Beke and family for
their loss of John Beke, who was also one of the City's
Traffic and Transportation Commissioners. She reported that
she is in the process of selecting a Traffic Commissioner and
she will announce her appointment at the next Council meeting.
Concerned with the loss of business in the City, she then
stated that the City is losing many businesses because of the
political turmoil in the community as well as the increase in
rent in half -occupied centers. She urged the community to
compromise to become united on community issues.
C/Forbing presented M/Miller with an apron reading "Too Hot To
Handle" as a gift.
M/Miller stated that he will not resign.
7. CONSENT CALENDAR:
C/MacBride moved, C/Forbing seconded to approve the Consent
Calendar as presented. With the following Roll Call vote,
motion carried:
AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/Papen,
M/Miller
NOES: COUNCILMEN - None
ABSTAIN: COUNCILMEN - MPT/Papen abstained on items 7.1.3
and 7.8
ABSENT: COUNCILMEN - None
7.1 APPROVAL OF MINUTES:
7.1.1 Regular meeting of September 21, 1993 -
Approved as submitted.
7.1.2 Adjourned regular meeting of September 28,
1993 - Approved as submitted.
7.1.3 Regular meeting of October 5, 1993 - Approved
as submitted. MPT/Papen abstained from voting
3
NOVEMBER 2, 1993 PAGE 4
on this matter.
7.2 WARRANT REGISTER - Approved Warrant Register dated
November 2, 1993 in the amount of $841,589.00.
7.3 TREASURER'S REPORT:
7.3.1 Month of August, 1993 - Received and filed.
7.3.2 Month of September, 1993 - Received and filed.
7.4 PLANNING COMMISSION MINUTES:
7.4.1 Regular meeting of August 9, 1993 - Received
and filed.
7.4.2 Regular meeting of August 23, 1993 - Received
and filed.
7.4.3 Regular meeting of September 13, 1993 -
Received and filed.
7.4.4 Regular meeting of September 27, 1993 -
Received and filed.
7.5 ADOPTED NOTICE OF COMPLETION - HERITAGE PARK COMMUNITY
CENTER - Clayton Engineering, Inc., for construction of
the Community Center.
7.6 REJECTED CLAIM FOR DAMAGES - filed by Priscilla Marquez,
Jessica Marquez, Michael Lopez and Gilbert Lopez and
referred the matter for further action to Carl Warren &
Co., the City's Risk Manager.
7.7 ADOPTED RESOLUTION NO. 93-74: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING LOT LINE
ADJUSTMENT NO. LLA -93-004 TO ADJUST LOT LINES BETWEEN LOT
NOS. 54 & 57 OF TRACT 28258 AT 20251 DAMIETTA DRIVE AND
1124 CALBOURNE DRIVE, IN DIAMOND BAR. Further, the
Council authorized signature of related documents and
directed the City Clerk to process for recordation.
7.8 ADOPTED RESOLUTION NO. 93-75: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING THE RATE
REGULATION AND CONSUMER PROTECTION AND CUSTOMER SERVICES
RESPONSIBILITIES AUTHORIZED BY THE FEDERAL COMMUNICATIONS
COMMISSION (FCC) AND THE CABLE TELEVISION CONSUMER
PROTECTION AND COMPETITION ACT OF 1992 AND ESTABLISHING
CERTAIN PROCEDURES AND REGULATIONS APPLICABLE TO RATE
REGULATION PROCEEDINGS TAKEN HEREUNDER and directed staff
to notify Jones Intercable of the City's intent to seek
certification with the FCC and to enforce consumer pro-
tection and customer service standards and execute any
and all documents necessary to effectuate the certifica-
tion process.
4
NOVEMBER 2, 1993 PAGE 5
8. OLD BUSINESS:
8.1 STATUS REPORT ON DIVERSION COMPLIANCE WITH A.B. 939 -
CM/Belanger reported that A.B. 939 requires communities
to divert 25% of their waste stream by the year 1995 and
50% of their waste stream by the year 2000. He
introduced Mr. Michael Hulse, a representative from
Charles Abbott & Associates, Inc., the City's Integrated
Waste Management Consultant, retained to assist in A.B.
939 compliance activities.
Mr. Hulse reported that, based upon available informa-
tion, the City successfully achieved compliance with its
State -mandated diversion goals almost two years ahead of
schedule. Since the adoption of A.B. 939, A.B. 2494 was
adopted to excluded certain materials originally counted
in the initial study, allowing cities this one-time
revision. Charles Abbott & Assoc. reviewed and revised
the initial study performed in 1991, for base year 1990,
for compliance of A.B. 939 to find if there were new
diversions to be claimed for that base year. As a result
of the study, new diversion and disposal tonnage was
found, indicating an increase in waste generation. A.B.
2494 also changed how compliance is determined by taking
the base year generation, multiplied by .75 to arrive
with the maximum amount that can be disposed in 1995.
The City's total tonnage, therefore, is considerably less
than the maximum tonnage allowed for disposal. According
to A.B. 2494, the absence of waste is due to diversion.
In order to stay in compliance with A.B. 939, the City
must await the formal compliance equation from the State
Solid Waste Management Board, continue a basic package of
recycling and source reduction, implement the SRRE and
encourage businesses to recycle to lower their costs.
C/Forbing inquired how communities with increasing
populations are taken into consideration.
Mr. Hulse explained that the State is currently looking
at five different equations, all accounting for
population and economics. At this point, the City
appears to be well below the maximum level to enable us
to meet that 1995 requirement.
MPT/Papen expressed concern that the majority of the
solid waste diversion comes from the commercial section
which may be a result of the poor economy and the
reduction of new construction. Also, it appears that 30%
of the homes in D.B. do not have curbside or convenient
collection. More of the proposed programs need to be
implemented to assure that we remain in compliance even
after the economy improves. She then requested a report
on which SRRE programs have been implemented, as well as
5
NOVEMBER 2, 1993 PAGE 6
their status.
C/MacBride inquired if the category "Residential"
includes only single family residents, thus indicating
that condominiums and apartments are not participating in
this kind of recycling on a formal basis.
Mr. Hulse stated that multifamily residents do have a
number of programs that they are participating in, but
mostly on a volunteer basis at this time. Programs are
being developed and a memorandum will be prepared
explaining the steps to be taken to include them into the
community effort for compliance.
Frank Dursa requested MPT/Papen to report on how she
recycles and how much she has reduced her waste since the
program was implemented. He then thanked C/Werner for
making it possible for this community to have competitive
waste hauling.
Don Schad requested a breakdown in percentage of the
individual components that make up waste.
CM/Belanger stated that haulers doing business in D.B.
are on notice that the formalized standards evolving out
of the SRRE will be implemented and enforced. As a
result, there have been some changes in the number of
haulers currently doing business in the City. The people
of the community have responded extraordinarily to the
issue of waste diversion. Staff's commitment is to
continue to meet the spirit and intent of State
legislation and to try to expand programmatic
opportunities to the community to get them more widely
involved in the diversion of waste so that the City will
achieve the year 2000 standards in advance.
8.2 CITY COUNCIL COMMITTEE REPORT - "SISTER CITIES
INTERNATIONAL" (SCI) - C/MacBride stated that Sister
Cities is a national program consisting of approximately
900 U.S. cities and was initiated by President Eisenhower
in 1956 to encourage people to get together and leap over
governments to work out thousands of methods by which
people can gradually learn a little bit more about each
other. The subcommittee, analyzed the program and
recommended the following: 1) the program chosen should
be on an entirely volunteer basis; 2) there should be a
survey to determine the grass roots feeling in this
community; and 3) the subcommittee should continue their
work to generate the kind of interest that would indicate
that our citizens want to talk on a friendly and
organized basis with some City selected in some other
part of the world.
R
NOVEMBER 2, 1993 PAGE 7
C/Werner stated that this type of program gives the City
an opportunity to learn more about various cultures and
help establish the assimilation of these cultures into
our community. The subcommittee feels that the program
can be accomplished without City financial support. He
asked that the City Council concur with the sub-
committee's recommendation.
It was the consensus of Council that the progress
suggested by the Sister Cities Subcommittee continue.
8.3 AWARD OF CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES -
CDD/DeStefano reported that staff received 21 proposals
in response to the RFP for "as needed" landscape
architectural services. After review of the proposals,
qualifications and recently -completed projects, he
recommended awarding the contract for. to RJM Design
Group, Inc. in an amount not to exceed $25,000.
C/MacBride inquired as to how staff determined that RJM
Design Group, Inc. was the best qualified landscape
architectural service.
CDD/DeStefano explained that even though RJM Design
Group, Inc. was the most costly per hour, they had the
most demonstrated performance and reputation and are able
to provide the technical experience that staff felt is
needed to meet the City's needs.
CSD/Rose, in response to C/Werner, reported that RJM
Design Group, Inc. is currently under contract for the
Pantera Park project. Staff is pleased with the work so
far.
Larry Ryan, Vice President of RJM Design Group, Inc.,
stated that their planning and landscape architectural
firm had been in existence for six years with combined
principal experience of over 40 years. They provide a
variety of services to municipalities from Rancho
Cucamonga to northern San Diego County. It is unfair to
compare the cost effectiveness of each firm using hourly
rates because the time to complete a project may vary
substantially. His firm relies on its reputation and
references supplied as a test of the quality of their
performance.
MPT/Papen moved, C/Werner seconded to award the contract
for "as needed" landscape architectural services to RJM
Design Group, Inc. in an amount not to exceed $25,000.
With the following Roll Call vote, motion carried:
7
NOVEMBER 2, 1993 PAGE 8
AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
8.4 APPOINTMENT TO FILL VACANCIES ON THE SIGNIFICANT
ECOLOGICAL AREA TECHNICAL ADVISORY COMMITTEE (SEATAC) -
CDD/DeStefano reported that, pursuant to Sec. 22.56.215
of the Municipal Code, a SEATAC review is required for
all development projects located with SEA No. 15.
Formation of the SEATAC requires the appointment of
technical professionals by the Council. In 1990, the
City appointed four members to SEATAC, who reviewed the
JCC project and provided detailed reports, with their
recommendations for the future land use of that area to
the City, Planning Commission and the City Council.
SEATAC is again needed to review a project proposed
within the backside of "The Country" and to review the
biological impacts the project may have. Only two of the
original four members are interested in remaining on
SEATAC. He recommended that the Council approve the
appointment of S. Gregory Nelson, a resident of Diamond
Bar and a biologist.
C/MacBride moved, C/Werner seconded to appoint S. Gregory
Nelson to SEATAC.
C/Werner inquired if only three members on SEATAC will be
adequate.
CDD/DeStefano explained that since Mr. Berry is a
professor of Geological Sciences at Cal Poly, Pomona,
Charles Hewitt is a coordinator of Agricultural Services
at Mt. SAC who practices as a horticulturalist and Steve
Nelson is a consulting biologist, it is felt that the
expertise on the committee, from an environmental
standpoint, is well balanced.
C/MacBride amended his motion to appoint S. Gregory
Nelson to SEATAC and include a provision to approve a per
meeting compensation of $100 per member. C/Werner
seconded the amended motion. With the following Roll
Call vote, motion carried:
AYES: COUNCILMEN -
NOES: COUNCILMEN -
ABSENT: COUNCILMEN -
9. NEW BUSINESS:
Werner, Forbing, MacBride, MPT/
Papen, M/Miller
None
None
9.1 HOLIDAY SHUTTLE CONTRACT - ICE/Wentz reported that the
City has operated the Holiday Shuttle Program since 1990.
NOVEMBER 2, 1993
PAGE 9
The 1993 Program will provide services Monday through
Friday between 10:00 a.m. and 6:00 p.m. beginning
November 15, 1993 to December 31, 1993. He recommended
that the Council approve not to exceed $27,000 in
Proposition "A" funds for operation of the 1993 Holiday
Shuttle Program.
C/Werner moved, C/Forbing seconded to approve expenditure
of not to exceed $27,000 in Proposition "A" funds for
operation of the 1993 Holiday Shuttle Program. With the
following Roll Call vote, motion carried:
AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
10. ANNOUNCEMENTS: C/MacBride suggested that the meeting
conclude with an expression from Council for sympathy with the
communities impacted by the recent fire storms.
MPT/Papen recommended that the Council form a committee to
review the political sign portion of the Sign ordinance,
particularly the enforcement policy.
11. ADJOURNMENT: With no further business.to conduct,
the meeting was adjourned at 7:45 p.m. to November 16, 1993 at
5:00 p.m. for Closed Session, recognizing the communities
impacted by the fire storms.
ATTEST:
Mayor
9
LYNDA BURGESS, City Clerk
MINUTES OF THE CITY COUNCIL Arl
REGULAR MEETING OF THE CITY OF DIAMOND BAR DR
NOVEMBER 16, 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.
Assistant City Attorney Curley announced that the only
reportable action involved pending litigation regarding
Diamond Bar Citizens v. Burgess et al., in which the City
Council unanimously indicated their unwillingness to pursue an
appeal.
2. CALL TO ORDER: M/Miller called the meeting to order
at 6:00 p.m. in the AQMD Auditorium, 21865 E. Copley Dr.,
Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Mayor Miller.
INVOCATION: The Invocation was presented by
Reverend Margaret Hedden of New Life Fellowship.
ROLL CALL: Mayor Miller, Mayor Pro Tem Papen,
Councilmen Werner, Forbing and MacBride.
Also present were Terrence L. Belanger, City Manager; William
P. Curley, III, Assistant City Attorney; James DeStefano,
Community Development Director; Bob Rose, Community Services
Director and Lynda Burgess, City Clerk.
3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
3.1 Presented Certificates of Recognition to Lyonel Anthony
Rodriguez and Curtis E. Henderson for preventing an
alleged attempted robbery on September 29, 1993 at
Lucky's Supermarket - Certificates were forwarded to the
individuals.
3.2 Proclaimed Thursday, November 18, 1993 as "Great American
Smokeout Day" - M/Miller presented the Proclamation to
Ms. Casio, representing the San Gabriel Valley County
Health Centers Network.
3.3 Proclaimed the remaining holiday months of 1993 and all
of 1994 as "Buckle up for Life Challenge."
3.4 Presented Certificate of Recognition to the Walnut
Elementary School for 100 years of service in the
community - Matt Salazar, Student Body President,
accepted the Certificate of Recognition.
NOVEMBER 16, 1993 PAGE 2
SCHEDULE OF FUTURE EVENTS:
4.1 TRAFFIC & TRANSPORTATION COMMISSION - November 18, 1993
- 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr.
4.2 PARKS & RECREATION COMMISSION - November 18, 1993 - 7:00
P.M. - Heritage Park Community Center, 2900 Brea Canyon
Rd.
4.3 PLANNING COMMISSION - November 22, 1993 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
4.4 THANKSGIVING HOLIDAY OBSERVANCE - November 25-26, 1993
City Hall will be closed.
4.5 CITY COUNCIL MEETING - December 7, 1993 - 6:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5. PUBLIC COMMENTS: Councilwoman -elect Eileen Ansari,
1823 S. Cliffbranch Dr., thanked those who helped in her
campaign. She then expressed concern with the problem of
illiteracy and education in California and diminished library
services throughout the State. She encouraged the community
to take a proactive approach by donating their time and money
to the library and writing to the Executive Offices of the
Board of Supervisors asking them to pass the $4.8 million
assessment to keep library services to a minimum of 21 hours
a week.
Red Calkins, 240 Eagle Nest Dr., encouraged the community to
help stop the City of Industry from building a proposed
Material Recovery Facility (MRF) next to a residential area,
D.B.'s Little League fields and the YMCA.
Joe Dunn, 20965 Lycoming St., thanked the City Council for
their thoughtful words and sympathy over the passing of his
father, William Dunn, Sr.
Jeff Nelson explained the circumstances that led to the Claim
for Damages filed by Mr. Scott Lovell on October 25, 1993 and
the incident involving Councilman -elect Clair Harmony. He
then inquired if the City Clerk had investigated the
appropriateness of many of the campaign mailers distributed as
was requested at the last meeting by Councilman Werner.
David Reynolds, 1160-C N. Golden Springs, encouraged the City
to include multi -family residences in the curbside recycling
program. He questioned the accuracy of the waste diversion
rate quoted at the last meeting and suggested that there
should be more information and education given to the
community to raise environmental consciousness in regard to
recycling. He suggested that the City take advantage of State
services to the fullest extent possible to assure diversion
rates continue. He volunteered to help increase public
awareness of, and participation in, recycling, source
reduction and composting programs.
Kim Chapman, 22713 Happy Hollow Rd., representing Armstrong
Elementary School PTA, pointed out that the City of Industry's
NOVEMBER 16, 1993 PAGE 3
proposed MRF is not just a facility that will take only
recyclables, but also all garbage from the surrounding
commercial and residential areas, which will increase smog,
vectors, noise traffic and flies. Though the school is behind
recycling, it is felt that it is not appropriate to locate a
MRF of this magnitude so close to the residential areas of
D.B. and Walnut.
Lawrence Rhodes, P.O. Box 2258, Walnut, stated that residents
should remember to address the City Council with civility. He
requested that the City consider a greenwaste composting
program. He then suggested that the east/west flow signal
time, at the off ramp at Brea Canyon Road, east bound from the
60 freeway, be reduced by about 15 seconds, increase the left
turn, or off ramp time by five seconds and the caution by
about one second, to improve the flow of traffic.
Don Schad, in regard to the Claim for Damages filed by Scott
Lovell, questioned how Mr. Lovell could steal 4' x 8' sheets
of plywood from Councilman -elect Harmony's signs.
Michael Lowe encouraged the community to get busy with
specific issues and to take positive steps now that the
election is over. He reminded the audience of the campaign
promises made by those elected which included no growth; save
the canyons; community vote on the General Plan; no new taxes;
no new employees; and to listen to all citizens with respect,
putting aside all petty arguments. He expressed pessimism
that those campaign promises would be kept.
George Barrett, in reply to a comment made by Mr. Lowe,
pointed out that the present City Council never encouraged "no
growth" but rather "controlled growth."
Bill Gross, High Bluff Rd., suggested that the City consider
some sort of enforcement regarding campaign signs. He
inquired of the status of the City Clerk's research on
mailings done during the campaign, as was requested by
Councilman Werner at the last meeting. He then stated that
the citizens are looking for some fair, honest people to make
future decisions that are reasonable, non partisan and
non -financially impacted.
Terry Birrell commented on how terrible it was that mailers
were used to distort the truth on City Council candidates.
She suggested the City consider a type of legal cost
management in contracts with the law firms representing the
City, which would outline terms that no fees would be
collected by the lawyers if a judgment is determined to be
"without merit", "frivolous" or "arbitrary." By doing so, the
City Council would be making a strong statement to end the
bickering.
NOVEMBER 16, 1993 PAGE 4
6. COUNCIL COMMENTS: C/MacBride requested staff to make
available to the audience for signature a letter of protest
urging the City of Industry to move the MRF to better
alternate sites. He stated that copies of the letter will
also be made available at the Senior Heritage House at the
Diamond Point One Club House, City Offices, the Chamber of
Commerce and the D.B. Improvement Assn. He urged the
community to understand that though the MRF is necessary, one
of this magnitude can also be dangerous to the City in terms
of health and real estate values. Industry must be encouraged
to find a more appropriate site within their jurisdiction. He
then noted the following efforts he has partaken with the City
Council: drafting of the anti -graffiti ordinance; defeating
the Three Valley Water District from adding a $10.00
assessment on parcels in the City; planting of 5,000 trees
along freeway right-of-ways; securing the last major freeway
landscaping project done by CalTrans; construction of a
community center; creating a mobile command unit with radio
equipment and creating a Resolution supporting NAFTA. The
City's future depends upon the involvement and unity of its
citizens.
C/Forbing stated that he has been proud of the 12 years he has
been able to serve the community. He pointed out the projects
lost because of the referendum of the General Plan.
C/Werner expressed appreciation for the efforts given by
C/MacBride and C/Forbing toward the good of the community.
MPT/Papen announced the YMCA book sale located on the K -Mart
parking lot. She then reported that she attended Supervisor
Mike Antonovich's annual equestrian ride and received
information regarding equestrian trails laid out by the County
20 years ago. She asked for volunteers who would like to
participate in an ad hoc committee to acquire permanent
equestrian trails for the City. She then reported that, at
the request of the City and the City of Brea, letters were
sent to Orange County Supervisor Vasquez requesting that this
regional area be designated as a transportation planning area
in the State and the five County Southern California
Transportation Regional Plan. She stated that she attended a
meeting of the Southern California Association of Governments,
as a representative of the City, and it was voted to designate
a Four Corners Transportation Study area, which would include
the Cities of Chino Hills, D.B., Brea, Yorba Linda, Corona,
the four counties, and the three CalTrans implementations.
She also reported that all the annual resolutions presented at
the League of Calif. Cities were passed except for the
Firearms Resolution. She pointed out Resolution 34, requiring
cable companies to block the picture and the sound of sexually
explicit cable programs and Resolution 43, regarding the
regulation of liquor stores.
In response to comments made by Mr. Reynolds regarding
recycling, she reported that the D.B. Improvement Assn. has a
NOVEMBER 16, 1993 PAGE 5
pilot home composting program and is looking for participants.
Also, the City requires its trash haulers to distribute 200
home composting containers to interested citizens. In
response to an inquiry made at the last meeting, she stated
that she does recycle.
Asst. to CM/Butzlaff reported that the City, in conjunction
with Waste Management, sponsored a backyard composting program
at Sycamore Canyon Park last weekend between the hours of
10:00 a.m. - 12:00 noon. The City, in conjunction with
Western Waste Industries, is sponsoring another backyard
composting program this weekend from 1:30 p.m. - 3:00 p.m.
MPT/Papen, in response to the comment made regarding the
City's use of attorneys, pointed out that, with the help of
C/MacBride, there is a D.B. mediation center in which citizens
have been trained to help in this area. In regard to the
recall petition being circulated, she requested that the City
Council and City Clerk forward the following information to
the Deputy District Attorney in charge of election fraud
indicating that petition circulators have violated the State
statute: handing out literature containing an article from
the Windmill which was a paid, political advertisement, but
presented as an editorial or new article; and which
misrepresents the voting record of the City Council on two
issues.
M/Miller commended Mr. Calkins and C/MacBride for their
efforts in fighting the City of Industry's proposed MRF. The
City Council has been unanimous in their opposition to this
MRF and their proposal for the location. In response to Mr.
Gross' inquiry regarding the City Clerk's research of
circulated mailers, M/Miller read the responsibilities of the
City Clerk and noted that the City Clerk is not authorized to
conduct an investigation of fliers distributed. The
investigating authority for any such complaint regarding
mailers, or other alleged campaign improprieties, begins with
the Los Angeles County District Attorney or the State of
California Fair Political Practices Commission.
7. CONSENT CALENDAR:
7.1 APPROVED WARRANT REGISTER - dated November 16, 1993 in
the amount of $305,036.75.
7.2 APPROVED PLANNING COMMISSION MINUTES - Regular Meeting of
October 11, 1993 - Received & filed.
7.3 REJECTED CLAIM FOR DAMAGES - Filed by Scott Lovell,
October 25, 1993 and referred the matter for further
action to Carl Warren & Co., the City's Risk Manager.
7.4 APPROVED CITY OF DIAMOND BAR V. COUNTY OF LOS ANGELES, ET
AL, LEGAL SERVICES CHANGE.
NOVEMBER 16, 1993 PAGE 6
8. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters
can be heard.
8.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; 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, AND OAK TREE
PERMIT NO. 92-3; 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 - Continued from October 5, 1993.
M/Miller abstained from discussion of this item due.to a
potential conflict of interest.
CDD/DeStefano reported that all three of the developers,
through written correspondence to the City, have
indicated their interest in a continuance of the hearing
to January 4, 1994. Mr. Dabney, representing Mr.
Arciero, Mr. Forrestor and Mr. Budke, representing Mr.
Patel, indicated their desire to provide an opportunity
for the new members of the City Council to review all of
the documents completed to date before bringing the
project back for a full public discussion. He
recommended that the Council continue the Public Hearing
to the meeting of January 4, 1994.
MPT/Papen opened the Public Hearing.
MPT/Papen pointed out that the City Council has performed
the following activities in regard to finding sources of
revenue for, or preservation of, environmentally
sensitive areas: the formation of SEATAC; the invitation
of the Secretary of National Resources, Douglas Wheeler,
for an aerial tour of Tonner Canyon, and a walking tour
of Sandstone Canyon; and letters to Mr. Wheeler, Senator
Frank Hill, and Assemblyman Paul Horcher. She requested
that the letter from Senator Frank Hill, which responded
to the Council's request for funding for preservation of
environmentally sensitive areas, be submitted into the
EIR record. The letter basically stated that there was
no money available at this time for such projects.
C/Werner moved, C/MacBride seconded to continue the
Public Hearing to January 4, 1994. Motion carried 4 - 0
with M/Miller abstaining.
9. OLD BUSINESS:
9.1 APPOINTMENT OF TRAFFIC & TRANSPORTATION COMMISSIONER -
MPT/Papen recommended the appointment of Mrs. Lu Esposito
to the Traffic & Transportation Commission.
With consensus of Council, MPT/Papen's appointment of
Mrs. Lu Esposito was ratified.
NOVEMBER 16, 1993 PAGE 7
9.2 QUARTERLY BUDGET ADJUSTMENT AND RESOLUTION NO. 90-45G:
A RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH
PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF
SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND
OTHER REGULATIONS - CM/Belanger stated that the purpose
of the budget document is to ratify decisions made by the
City Council since the City adopted the fiscal year
1993-94 municipal budget. The only change is to revise
the salary resolution for additional part time positions
previously approved by the City Council over the past 4
months. He recommended that the City Council approve the
quarterly budget amendment for FY 1993-94 and adopt
Resolution No. 90-45G setting forth salaries and benefits
for City Personnel.
MPT/Papen inquired if the 3% or 4-% salary increase
included in the budget proposal, but not authorized by
the City Council, is still in reserve or is being
allocated.
CM/Belanger stated that the salary ranges have not been
changed to reflect any such increases since it was not
authorized by the City Council at that time.
C/MacBride moved, C/Forbing seconded to approve the
quarterly budget amendment for FY 1993-94 and adopt
Resolution No. 90-45G: RESOLUTION OF THE CITY OF DIAMOND
BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS
REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS,
LEAVES OF ABSENCES, AND OTHER REGULATIONS. With the
following Roll Call vote, motion carried:
AYES: COUNCILMEN - MacBride, Forbing, Werner, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
10. NEW BUSINESS:
10.1 CONTRACT FOR PROVISION OF SERVICES OF A HEARING EXAMINER
FROM THE CITY OF LA VERNE - CM/Belanger reported that the
City, pursuant to AB408, has embarked upon the
administration of processing parking citations and
implementing a hearing examiner program. He recommended
that the City Council approve a contract providing
services of a hearing examiner from the City of LaVerne.
C/MacBride noted that the LaVerne hearing examiner was
selected because every scheduled hearing examination
would cost $7.00, as opposed to $137/hour utilizing the
County Sheriff or $500/hour utilizing a private firm.
C/Werner inquired if the mediation center could embark
upon such a contract.
NOVEMBER 16, 1993
PAGE 8
CM/Belanger explained that the reason the unit process is
low is because the hearing officer does the same type of
adjudication for several other cities, thus facilitating
continuity and consistency among the various law
enforcement agencies. Staff did not contact the
mediation center.
C/MacBride stated that it would be difficult for the
mediation center to enter this sphere because there is an
element of punitive damages and compulsory attendance.
C/MacBride moved, C/Forbing seconded to approve a
contract providing services of a hearing examiner from
the City of LaVerne. With the following Roll Call vote,
motion carried:
AYES: COUNCILMEN - MacBride, Forbing, Werner, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
10.2 AWARD OF CONTRACT FOR INTERIM BUILDING AND SAFETY
SERVICES - CM/Belanger reported that the City recently
concluded its relationship with a private consulting firm
providing the City with professional Building & Safety
Division services for over four years. The nature of the
separation caused the immediate need for interim
professional staff to be employed by the City. Interim
building and safety staff are necessary to maintain
professional services to the public. City staff has
negotiated an agreement with a team of professionals
familiar with the existing operation. Staff has also
solicited proposals for permanent services and is in the
process of interviewing the various providers. It is
anticipated that staff will make a recommendation at the
December 7, 1993 meeting for a permanent provider. He
recommended that the City Council award a contract to The
Compliance Group to provide interim building & safety
services.
MPT/Papen requested that the Professional Service
Agreement be amended on page 1, first paragraph, to name
"The Compliance Group" which is the party carrying the
insurance.
Don Schad stated that he was under the impression that
the City had a Building Department for inspections. He
inquired if this change will necessitate a higher cost to
the City.
M/Miller explained that the City had a contract with
Pacesetter, a consulting firm, that handled building and
safety services for the City. However, Pacesetter no
longer serves the City.
NOVEMBER 16, 1993 PAGE 9
CM/Belanger explained that the cost to the City depends
on the fees received for permits taken because there is
a percentage of the fees received that is paid to the
company.
C/Werner moved, MPT/Papen seconded to award a contract to
The Compliance Group to provide interim building & safety
services, and to amend the contract to name the
consultant for insurance concerns. With the following
Roll Call vote, motion carried:
AYES: COUNCILMEN - Werner, MPT/Papen, C/MacBride,
C/Forbing, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
10.3 RESOLUTION NO. 93-76: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER
TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE USED
OIL RECYCLING FUND PURSUANT TO THE CALIFORNIA OIL
RECYCLING ENHANCEMENT ACT OF 1991 - Asst. to CM/Butzlaff
reported that, pursuant to the California Oil Recycling
Enhancement Act, a non-competitive Used oil Recycling
Block Grant Program for funding local used oil collection
programs as well as others to encourage recycling or
appropriate disposal methods for used oil, was
established. It is estimated that between $5 and $8
million will be available during FY 1993-94 for qualified
projects under this program. Using the States per
capita formula, City is eligible to receive approximately
$17,500 to implement a comprehensive public education
campaign to eighteen awareness of used oil recycling and
to establish a system to report illegal disposal of used
oil. He recommended that the City Council adopt a
Resolution authorizing the City Manager to submit an
application for grant funds from the Used Oil Recycling
Fund pursuant to the California Oil Recycling Enhancement
Act of 1991.
David Reynolds suggested that the City send mailers to
educate residents.
Asst. to CM/Butzlaff stated that this particular grant
application being submitted by the City is extensively
for public educational materials. The City plans to use
the funds under this program to develop a comprehensive
campaign to not only educate residents on proper disposal
methods of waste motor oil, but also how to report
illegally disposed of motor oil. In addition, inform-
ation can be provided on household hazardous waste
materials.
C/MacBride moved, C/Werner seconded to adopt Resolution
No. 93-76: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN
NOVEMBER 16, 1993 PAGE 10
APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING
FUND PURSUANT TO THE CALIFORNIA OIL RECYCLING ENHANCEMENT
ACT OF 1991. With the following Roll Call vote, motion
carried:
AYES: COUNCILMEN - MacBride, Werner, Forbing, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
11. ANNOUNCEMENTS: C/MacBride stated that the
petitions opposing the proposed MRF must be submitted to the
City of Industry by November 28, 1993.
MPT/Papen reminded the public to support the YMCA book sale
located in the K -Mart parking lot.
12. ADJOURNMENT: With no further business to
conduct, the meeting was adjourned at 8:15 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
AGENDA MEMORANDUM
TO:
Honorable Mayor and Members of City Council
FROM:
Terrence L.
Belanger,
City Manager
RE:
California
Government
Code Section 995 Legal Defense in
the Matter
of Gross v.
Miller; and, Reimbursement
Agreement
DATE:
December 7,
1993
ISSUE:
Memorialization and ratification of an agreement for legal
services, entered into pursuant to California Government
Code Section 995, between the City of Diamond Bar and the
law firm of Wildish and Nialis, related to the matter of
Gross v. Miller; and, a reimbursement agreement between the
City of Diamond Bar and Gary G. Miller, related to the
matter of Gross v. Miller.
RECOMMENDATION:
It is recommended that the City Council memorialize and
ratify the agreement between the City of Diamond Bar and the
law firm of Wildish and Nialis. It is recommended that the
City Council enter into an agreement for reimbursement
between the City of Diamond Bar and Gary G. Miller. It is
recommended that an invoice for $5,328.00 be paid.
BACKGROUND:
On October 1, 1993, the City of Diamond Bar received a
letter from Daniel R. Wildish, on behalf of Mayor Gary G.
Miller requesting legal representation in the defense of
civil litigation filed against Mr. Miller. In his letter,
Mr. Wildish asserted that complaint filed against Mr. Miller
arose, based upon the facts and circumstances, as a result
of acts which occurred within the course and scope of Mr.
Miller's employment as an elected official.
California Government Code Section 995, provides that upon
request of an employee, a public entity shall provide for
the defense of any civil action or proceeding brought
against him or her, in his or her official or individual
capacity or both, on account of an act or omission in the
scope of his or her employment as an employee of the public
entity. For the purposes of Section 995, a cross -action,
counterclaim or cross-complaint against an employee shall be
deemed to be a civil action or proceeding brought against
him or her.
LEGAL DEFENSE AND REIMBURSEMENT
DECEMBER 7, 1993
PAGE TWO
California Government Code Section 995.2 (b) is required to
provide an answer as to whether it will or will not provide
a defense, within twenty (20) days of said request for
defense.
California Goverment Code Section 810.2 defines employee to
include an officer, judicial officer as defined in Section
28 of the Elections Code, employee, or servant, whether or
not compensated, but does not include an independent
contractor.
On October 5, 1993, the City Council, in a closed session
for the purpose of discussing matters of litigation
considered the request for legal defense on behalf of Mr.
Miller, in the matter of Gross v. Miller. Based on the
facts and circumstances set forth in the request for the
provision of a defense in the matter of Gross v. Miller, the
City Council agreed to provide a defense and directed the
City Manager to execute an agreement for legal services
between the City of Diamond Bar and the law firm of Wildish
and Nialis. This direction .was the result of the assertion
that time was of the essence as regarded a responsive
pleading, which was required to be filed no later than
October 7, 1993, in the matter of Gross v. Miller. The City
Manager did execute the aforementitoned agreement, on
October 6, 1993.
The agreement between the City of Diamond Bar and the law
firm of Wildish and Nialis is being presented to the City
Council for memorialization and ratification. Further, the
City-Wildish agreement, as presently drawn, is modified by
referencing a not to exceed amount of twenty-five thousand
dollars ($25,00.00).
Also, the City of Diamond Bar has been tendered a
reimbursement agreement, between the City and Gary G.
Miller. In the reimbursement agreement, Mr. Miller agrees
to reimburse the City for any and all legal fees and costs
paid in his defense, in the matter of Gross v. Miller, if:
1) it is determined that his act or omission was not
within the scope of his employment; or
2) it is determined that he acted or he failed to act
because of actual fraud, corruption, or actual malice.
Finally, the City has been presented an invoice for legal
services, by Wildish and Nialis, related to this matter, in
the amount of $5,328.00.
REIMBURSEMENT AGREEMENT
This is an agreement between the City of Diamond Bar (hereinafter
referred to as CITY) and Gary Miller (hereinafter referred to as
MILLER) for the reimbursement of legal fees and costs related to
litigation entitled Gross v. Miller (Case No. K014266)
(hereinafter referred to as LITIGATION).
SECTION 1, RECITAL:
a) California Government Code Section 995 provides that
upon request of an employee or former employee, a
public entity shall provide for the defense of any
civil action or proceeding brought against him or her,
in his or her official or individual capacity or both,
on account of an act or omission in the scope of his or
her employment as an employee of the public entity.
Pursuant to California Government Code Section 995,
CITY agreed to provide a legal defense for MILLER
related to the LITIGATION.
b) The CITY entered into an agreement with the law firm of
Wildish and Nialis (hereinafter referred to as FIRM)
for purpose of providing a legal defense to MILLER,
related to the LITIGATION. Said agreement is attached
hereto as Exhibit A.
SECTION 2, REIMBURSEMENT:
This agreement manifests the intent of both CITY and MILLER
that any and all legal fees and costs related to the
LITIGATION shall be reimbursed by MILLER to the CITY, in the
event one of the following is determined as a result of the
LITIGATION:
1) The act or omission subject to the LITIGATION was
not within the scope of MILLER'S employment; or
2) MILLER acted or failed to act because of actual
fraud, corruption or actual malice.
REIMBURSEMENT AGREEMENT
DECEMBER 7, 1993
PAGE TWO
SECTION 3, FEES AND COSTS LIMITATION:
The CITY and MILLER agree that legal fees and costs related
to the LITIGATION, accruing to the FIRM, shall not exceed
twenty-five thousand dollars ($25,000.00); unless, the CITY
hereafter subsequently agrees to authorize additional legal
fees and costs related to the LITIGATION.
The undersigned do and hereby agree to provisions set forth
herein.
MILLER:
Gary G. Miller Date:
CITY:
Terrence L. Belanger Date:
City Manager
"EXHIBIT A"
ri
7
RETAINER AGREEMENT o
Cn 1
� 7
AGREEMENT made this 6th day of October 1992
by and between WILDISH & NIALIS, Attorneys at Law, and ,
THE CITY OF DIAMOND BAR (herein4teD
referred to as the Client). }
C)
WITNESSETH•
1. RETAINER: The client herewith retains the Law Firm of
WILDISH & NIALIS, as his/her Attorney at Law to represent the
client in the following matter:
Defense of Mayor Miller on Cross -Complaint
bearing case number K014266
2. FEES: Client agrees to pay to Attorney, fees at the rate
of $150.00 per hour.
Client is retaining the Law Firm of WILDISH & NIALIS and not
any particular attorney and the attorney services to be provided to
Client will not necessarily be performed by any particular
attorney.
Attorney will charge in increments of one tenth of an hour,
rounded off for each particular activity to the nearest one tenth
of an hour. The minimum time charged for any particular activity
will be one tenth of an hour.
Attorney will charge for all activities undertaken in
providing legal services to Client under this agreement, including,
but not limited to, the following: conferences, court sessions,
and depositions (preparation and participation); correspondence and
legal documents. (review and preparation); legal research; and
telephone conversations. When two or more of attorney personnel
are engaged in working on the matter at the same time, such as in
1
conferences between them, the time of each will be charged at his
or her hourly rate.
If, while this agreement is in effect, Attorney increases the
hourly rates being charged to clients generally for attorney's
fees, that increase may be applied to fees incurred under this
agreement, but only with respect to services provided thirty (30)
days or more after written notice of the increase is mailed to
Client. If Client chooses not to consent to the increased rates,
Client may terminate Attorney's services under this agreement by
written notice effective when received by Attorney, provided Client
executes and returns a substitution -of -attorney form immediately on
its receipt from Attorney if Attorney is Client's attorney of
record in any proceeding.
3. FEES AND COST RETAINERS.: Client agrees to pay Attorney
the sum of $_ -0- to be used as a "Fee Retainer" which shall be
applied against the hourly charges. This is a true retainer, which
is paid to secure the services of the Attorney in this matter and
is deemed fully earned and payable to the attorney should the
actual time expended not utilize the full retainer. In addition to
the "Fee Retainer", Client agrees to pay to Attorney a "Cost
Retainer" the sum of $ -0- which shall be held in Trust by
Attorney for Client, and Client hereby authorizes Attorney to use
said funds for payment of costs incurred in regard to Client's
matter. Any Retainer is non-refundable, but any amounts held in
Trust and not expended for costs shall be returned to Client upon
the completion of the matter.
4. ADDITIONAL RETAINERS: Client agrees and understands that
additional Fee Retainers and/or Cost Retainers may be required from
time to time during the course of the legal representation being
provided by Attorney. Client agrees to pay any such additional
Retainers upon request of Attorney.
5. PERIODIC BILLINGS: Client shall receive periodic
billings, (usually monthly) from Attorney which will indicate
services rendered, costs expended, any credit balances for Fee or
Cost Retainers paid and any amounts due and owing for fees and
costs.
If any billing indicates a BALANCE DUE it shall be due and
payable in full WITHIN TEN (10) DAYS of date of billing unless a
separate installment payment agreement is negotiated and agreed to
between Attorney and Client prior to the expiration of the ten (10)
days.
2
In the event that Client fails to pay the balance due in full
as indicated by any billing within THIRTY (30) DAYS of it's date,
then at Attorney's option Attorney may cease all efforts on
client's behalf and WITHDRAW from representing the Client. Such
withdrawal shall be perfected by Attorney notifying Client in
writing of the withdrawal and by the Client executing and returning
to Attorney within FIVE (5) DAYS of demand a "Substitution of
Attorney". In the event that Client, refuses to sign and return the
"Substitution of Attorney" form, Client shall be responsible for
additional fees and costs incurred in connection with the filing of
a "Motion to Withdraw as Counsel of Record" with the Court.
6. COSTS: Client agrees to pay all costs and expenses
incurred and agrees to advance the same to Attorney. "Costs"
include, but are not limited to: Court Filing Fees, Service of
Process Fees, Witness Fees, Deposition Costs, Investigation Fees,
photocopying, telephone charges or similar out of pocket costs. In
the event that Attorney advances such costs, Client agrees to pay
said amounts to Attorney within TEN (10) DAYS of receipt of a bill
for the same.
7. INTEREST C • Client hereby agrees that an interest
charge of twelve percent (12%) per annum will be charged against
any outstanding balance on ,Client's account and will be calculated
at a monthly rate of one percent (1%) of the outstanding balance.
In the event that the entire account balance is paid prior to the
next succeeding billing cycle for the account, no interest will be
charged.
8. APPEALS: No appeals need be taken without the consent of
both Client and Attorney and any appeal taken will require a new
fee arrangement and Retainer. If Client desires to appeal, but not
the Attorney, then Attorney shall withdraw from the case upon being
paid all costs which have been advanced and all fees earned and
agreed upon.
9. CONTROL OF CASE: It is agreed that Attorney shall have
full control of the conduct of the performance of services herein
agreed to be performed, and during any litigation, to be free from
obstruction or interference or attempted interference by the
Client. No settlement of Client's case shall be made without
Client's authorization.
10. ADVANCE COSTS BY CLIENT: In the event that a settlement
offer is received and communicated to the Client within the limits
of the Attorney's evaluation which client declines, the Client
shall, upon demand,forthwith deposit with the Attorney a sum
sufficient to pay all costs and expenses incurred, or reasonably
expected to be incurred, in connection with the Client's claim
and/or litigation.
3
11. POWER OF ATTORNEY: Client hereby grants to WILDISH,
MAHAFFA & NIALIS a Power of Attorney to sign checks received on
this case and to receive said sums of money, holding it in trust
pending Client's authorization to release. Said Power of Attorney
is to be used only when Attorney as attempted to locate client and
has been unsuccessful in doing so.
12. DEFAULT: If Client defaults in payment of the fee, or
installments of fee, or in repayment of costs advanced, then the
entire fee and/or costs shall be, at the Attorney's option, payable
and due, and Client agrees to any and all collection costs,
including Attorney's Fees, Court Costs, Incidental Costs incurred
by Attorney will be paid by Client.
13. ATTORNEY'S LIEN: Client does hereby grant Attorney a
lien for any costs advanced or fees earned under this Agreement
against any cause of action now existing or upon any settlement
made or judgment recovered. Client further understands and agrees
that this lien shall be operative whether it is obtained by WILDISH
& NIALIS or through the efforts of subsequent Attorney.
14. COOPERATION AND TERMINATION: The Attorney and the Client
agree to cooperate with each other in furthering the process of
this Retainer Agreement, ,and in obtaining the investigation,
preparation, presentation, and trial. The Attorney reserves the
right to withdraw from the case and discontinue representing the
Client at any time on reasonable notice to the Client for either of
the following reasons:
a) That in the Attorney's judgment there is not
sufficient proof of liability and/or damage to warrant further
prosecution of Client's case or claim;
b) Client refuses to follow Attorney's professional
judgment as to the value or method of prosecuting the case; and
c) Breach of this contract by the Client or Client's
failure to fully cooperate in the preparation and presentation of
this case.
15. GUARANTEES: Attorney agrees to use his best efforts in
representing Client. It is agreed and understood by Client that
Attorney cannot make any representation or guarantees as to the
ultimate outcome of Client's case. Client acknowledges that
4
Attorney has made no promises about the outcome and that any
opinion offered by Attorney in the future will not constitute a
guarantee.
DATED • �1-3 AU4tU
Terrence Belanger
City Manager for the
City of Diamond Bar
DATED: (� C WILDISH & NIALIS
By:
E
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 PAPon and Councilmember Forbing
FROM: Linda G. MagnusoXV, Accounting Manager
SUBJECT: Voucher Register, December 7, 1993
DATE: December 2, 1993
Attached is the Voucher Register dated December 7, 1993. As
requested, the Finance Department is submitting the voucher
register for the Finance Committees review and approval prior to
its entry on the Consent Calender.
The checks will be produced after any recommendations and the final
approval is received.
Please review and sign the attached.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated December 7, 1993 has been
audited approved and is recommended for payment. Payments are
hereby allowed from the following funds in these amounts:
FUND NO FUND DESCRIPTION AMOUNT
001
General Fund
112
Prop A Transit Fund
118
Air Quality Imp Fund
125
CDBG Fund
138
LLAD 138 Fund
139
LLAD 139 Fund
141
LLAD 141 Fund
225
Grand Ave Const Fund
227
Traffic Mitigation Fund
250
CIP Fund
TOTAL ALL FUNDS
APPROVED BY:
G�
Li da G. Mag n
Accounting Manager
Terrence L. Belanger
City Manager
$579,063.44
2,392.77
337.90
476.96
23,579.48
15,499.29
4,397.01
1,604.50
272,239.75
5,312.96
$904,904.06
,�", cl:? — 4�20�
Phyllis E. Papen
Mayor Pro Tem
J n A. Forbing
Councilmember
+t+
RUN TINE: 16:13 12/82/93
Ci
V ty O UCof Di
H E R R
amond Aar +++
E 6 I S T E 9
PAIGE t
DUE THRU.............12/07/93
VENDOR NAME
WNW ID.
COUNT PROJ.TX-NO
BATCH PO.LINE/NO. ENTRY/D'JE
INVOICE
DESCRIPTION
+ + PREPAID + +
---------------------------------- -----------------------------------------------------
--- AMOUNT DATE CHECK
ARA/Cory Refreshment
Svcs ARA
+891-4898-2325
2 41207B
12/82 12/87
317591
Ntg Supplies
138.18
TOTAL DUE VENDOR --------}
138.14
Accurate landscape
Accurate
+138-4536-1218
'138-4538-2218
1 412878
2
12/82 11187
38569
Gen Maint Dist 138
358.89
1139-4539-2219
411878
1 412878
12182 12/81
38568
ben Maint Dist 138
1.441.19
+981-4316-2218
2 41207B
12/82 11187
38569
Gen % int Dist 139
888.42
+881-4325-2218
1 412818
12/82 12187
365 TO
Gen Maint Maple Hill Prk
51.43
+881-4322-2118
1 41287B
12/82 12/87
38571
Ben Maint Starshine Prk
44.47
1941-4331-2218
1 412678
12/82 12/87
38572
Gen Maint Ron Reagan Prk
28.73
'001-4313-2218
1 412078
12/82 12167
38573
Ben Maint Sycamore Cyn
83.08
+891-4311-2218
1 412018
12/82 12/81
36574
Ren Maint Hrtge Prk
123.44
+001-4319-2210
2 41207B
12182 11187
38575
Gen Maint Paul Grow Prk
173.62
+881-4319-2219
1 411078
12/02 12107
38576
Gen Maint Peterson Prk
197.77
+801-4328-2218
1 412878
12182 12187,
38577
Gen Maint Peterson Prk
313.28
+801-4318-1280
2 417978
12/02 17/87
38578
Gen Maint Summitrdoe Prk
224.37
'138-4538-5588
1 412478 81/1577
12/82 12/87
12/02
38653
Gen Maint/Supplies parks
139.06
'139-4539-5586
1 412079 8411576
12107
12107 12187
34743
38744
Nov Maint Dist 138
3.368.66
'601-4319-5398
2 412878 01/1666
12162 12181
38818
Nov Maint Dist 139
Nov Maint Peterson Park
5,426.22
+881-4556-5588
1 41207B
12162 12/47
38848
Nov Maint-60 Fwy
1.268.04
+881-4313-5389
+881-4322-5388
2 41207B 82/1666
12187 12/81
38841
Nov Maint Heritage Prk
125.86
756.84
+081-4316-5308
2 412878 83/1666
2 412879 84/1666
12102 12/07
30942
Nov Maint Ron Reagan Prk
1.800.88
+801-4325-5300
2 412879 85/1666
12/82 12/87
12142 12/07
30943
30644
Nov Maint-Maole Hill Prk
906.04
+881-4311-5388
2 412878 86/1666
12/62 12187
38845
Nov Maint-Starshine Prk
Nov Maint-Paul Grow Prk
588,84
+841-4328-5389
+401-4331-5300
1 411878 0711666
12/02 12167
38646
Nov Maint' SummitrRdge
1,188.44
1,588.08
2 412878 88/1666
12182 12/07
38847
Nov Maint Svcamore Cyn
1.600.00
-
TOTAL DUE VENDOR -------- }
22,054.18
American Storage LTD
AaerStorag
+881-4090-2144
1 412171
17/62 12/47
Dec Rent 1 Units -9211120
153.86
TOTAL DUE VENDOR --------}
153.40
Armentrout, Phil
Armentrout
+081-4440-4046
'125-4115-2355
1 412078
2
12/02 12107 6126
Emer Coord Svcs -1118-19
673.60
41267B
12/02 12107 6126
CDB6 Proorm Svcs -11/8-19
336.10
TOTAL DUE VENDOR --------}
1.009.60
Assoc. of Environmental
AEP1
+041-4216-2315
1 412079
12102 12/67
Member Dues-DeStefano
84.66
TOTAL DUE VENDOR -------->
86.04
+++ City of Dias and Bar +++
RUN TIME: 16:13 12/92/93 V 0 U C H E R R E 6 I S T E R
DIE THRU.............12/97/93
VENDOR NAME VENDOR ID.
ACCOUNT PRUJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION
Austin Faust Assoc Inc, AustinFaus
+981-4553-5222 1 412478 12/92 12/47 7393
Bill's Lock 6 Safe BillsLock
+491-4331-2219 2 412418 9111725 12142 12147 36992
+941-4313-2219 2 41207B 92/1725 12/92 12/97 36993
Blankenship, Mea 974
+941-3418 15 412479
Boo, Myuna 972
+991-3418 17 412979
12142 12191 9126
12192 12/47 9235
Bays Club/San Gabriel Vly BoysClub
+491-4555-5524 1 412978 12/92 12197
Brea, City of Breacity
+941-4359-5399 2 412418 41/1687 12/92 12147 31153
CalifPrks&RecSociety CPRS
+441-4319-2344 1 41207A 12142 12/97
California Contract CCCA
+441-4939-2325 2 41247C 12/12 12/17
California Society of CSMFO
+411-4159-2315 1 41207C 12/92 12147
PAGE 2
+ + PREPAID + +
AMOUNT DATE CHECK
Annual5chl6aurdEvaluation
387.83
TOTAL DUE VENDOR -------->
387.83
Keys -Sycamore Cyn Prk
191.55
Repairs-Heritace Prk
195.94
TOTAL DUE VENDOR -------->
386.55
Recreation Refund
21.99
TOTAL DUE VENDOR -------->
27.91
Recreation Refund
16.94
TOTAL DUE VENDOR--------�
16.11
Oct graffiti Removal
551.14
TOTAL DUE VENDOR --------i
551.11
Rec Svcs -August I Sept
53,478.61
TOTAL DUE VENDOR -------->
53.418.64
Seminar 1219-Barlov
75.41 12/97/93 //41421379
TOTAL PREPAID AMOUNT ---->
75.14
TOTAL DUE VENDOR -------->
1.11
City Mars Mtg-11128
14.14
TOTAL DUE VENDOR -------->
14.W
Annual Dues -Magnuson
51.11
TOTAL DUE VENDOR -------->
51.44
+++ City of D i a 4 0 n d Bar +++
RUN TIME; 16:13 12/92/93 V O U C H E R R ESI 5 T E R
DUE THRU.............12/97/93 PAGE 3
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TI-NO BATCH AMOUNT PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION DATPREPAID
^HECK
+ +
-------------------------- ----
Charles Hewitt
HewittC
+891-2319-1819
5 412916
12/92 12/97
SEATAC Mtg 11/19-FPL92-16
199,99
TOTAL DUE VENDOR -------->
189.90
Chavers, J. Todd
ChaversJT
+981-4553-4180
1 412976
12/62 12/91
Trf 1 Trans vtg 11118
48.99
TOTAL DUE VENDOR -------->
40.0
Chen, Pin Chia
1093
+801-3478
6 412016
12/92 12197 9568
Recreation Refund
51.08
TOTAL DUE VENDOR --------
57.00
Choi, Hee
963
+001-3478
9 412018
12/92 12107. 9064
Recreation Refund
19.99
TOTAL DUE VENDOR -------->
10.00
Clonts, Patricia
999
+881-3418
2 412078
12/02 12/87 9709
Recreation Refund
111.00
TOTAL DUE VENDOR -------->
171.00
Community Industries
CossIndust
+801-4555-5503 1 41247C
12/02 12/07
Litter Abatement -9193
539.44
TOTAL DUE VENDOR -------}
839.44
Community Sweeping
ComSveeu
+001-4555-5501 141291C
12102 12/07
St Sweeping -19193 L 16/93
11,011.49
TOTAL DUE VENDOR --------
11.011.49
Computer Aoplied Systems
C"
+081-4850-4039 1
412g2C
12/02 12/07 1193DB
Computer Maint-12/43
832.08
TOTAL DUE VENDOR -------->
832.00
Conlin Bros 5portino Good ConlinBros
+001-4350-1200 2
41267C
12102 12/07 62999
Yodth Sports - Supplies
841.64
TOTAL DUE VENDOR -------->
841.64
D. B. Improvement Assoc.
DBIA
+112-4360-5315 1
41207C
12/02 12/07
H Shuttle -Windmill Insert
375.00
TOTAL DUE VENDOR --------}
375.00
+++ City of D i a 4 a n d Bar ++*
RUN TIME: 16:13 12/#2/93 V 0 U C H E R R E G I S T E R PAGE 4
DUE THRU.............12/#7193
VENDOR NAME VENDOR ID, { + PREPAID + +
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
Dataquick Dataouick
+481-4210-213# 1 412#7C
David Berry BerrvD
+011-2364-1010 6 412876
Dept of Transportation DeptTrans
+01-4555-5597 1 41217C
Diamond Bar Business Asoc DBBasAssoc
+041-4990-221# 1 41267C
Diamond Bar Petty
Cash PettvCash
+111-3478
1 412074
+041-4640-1100
1 41207A
+#11-4959-2325
1 41217A
+001-4#9#-2325
1 41207A
+441-4210-2110
1 41267A
+901-4210-2325
2 41201A
+191-4310-120#
1 41207A
+01-435#-120
1 412174
+401-451#-2325
2 412474
+125-4215-2355
1 41207A
Diamond Bar. City of CitvDBar
+#01-4190-2399 14110s,
Dwight French a Assoc. DwiohtFren
+221-4516-6412 96194 1 412#7C 0111332A
+138-4536-6410 16694 2 41267C #1/1623
12102 1241 GN61301DIN Monthly Service 36.97
TOTAL DUE VENDOR36.97
12102 12/17 SEATAC Mtg 11119-FPL92-16 169,1#
TOTAL DUE VENDOR -------- 199.0
12102 12/67 127764 Signal Maint-9/93 316.32
TOTAL DUE VENDOR -------- 316.32
12102 12/91, Casson Area Maint-12/93 657.1#
TOTAL DUE VENDOR --------i 657.W
12/02 12/07
12/02 12/97
12/42 12/17
12102 121#7
1242 12/07
12/12 12/47
12/12 12197
12/42 12/#7
12/12 12/67
12/12 12/67
12/92 1231
12/02 12/07
12/02 12/11 101326
Recreation Refunds
City Clerk Supplies
Finance Mtg
Gen Govt Mtg
Printing Svcs -Ping
Ping Mtg
Cone Svcs Supplies
Recreation Supplies
Pub Wks Mtg
Hrtge Prk Bldg Opening
TOTAL PREPAID AMOUNT ----�
TOTAL DUE VENDOR --------
TransBalance-Bank of Ater
TOTAL PREPAID AMOUNT ----i
TOTAL DUE VENDOR -------->
32.04 12/67/93 0604021386
7.14 12/#7/93 #048621386
26.66 12/07/93 #060021386
54.21 12/17/93 0#00021386
4.56 12/67/93 1400421386
11.11 12/01/93 6111421386
23.71 12147/93 6#00021366
296,63 12/47/93 1#04021386
7.71 12/47193 6#40021386
31.23 12/11/93 606002138b
481,16
#.1/
136.71 12/47/93 4018417132
136.71
4184
Prof5vcs-GldnSpr/Grd 8,199.26
EngDesignSvcs-Median 2.171.66
TOTAL DUE VENDOR --------> 11,371.16
+++ City of Dia■and Br +++
RUNTIME: 16:1312182/93 VOUCHER RE6I5TER a
DUE THRU.............12/81/93 PAGE 5
VENDOR NAME Y 1DOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO, ENTRY/DUE INVOICE DESCRIPTION + + PREPAID + +
------------------------------______----__ AMOUNT DATE -----
E. San Gab. Planning Coal ESGVPC
+1®1-4218-2325 1 412814 12/82 12/87
ESGV Mtg 11118-Grothe 21.98 12/87193 8888821362
TOTAL PREPAID AMOUNT ----)
21188
TOTAL DUE VENDOR --------j
8,80
Eastman Inc.
East■an
+881-4848-1188
+881-4848-1188
3 41207C
57/1622
12/82 12/81
811325867
Supolies-City Clerk
25.98
+881-4218-1188
2 41207C
4 41267C
56/1622
72/1622
12/82 12/87
811334828
Supplies -City Clerk
30, E
+881-4318-1188
3 41207C
71/1622
12/82 12/87
12182 12181
811342121
Supolies - Planning
11.26
+881-4858-1188
3 41217C
61/1622
12/82 12187
811351889
811355618
Supplies - Pks 8 Rec
Supplies - Finance
9,39
+881-4218-1188
1 41207C
68/1622
12/82 12187
811355684
Sup lies - Planning
18.22
+881-4358-1288
+881-4518-1188
3 41207C
59/1622
12/82 12!81
811355693
Su plies -Recreation
349.77
93.79
H11-4898-1188
1 41207C
1 41207C
58/1622
6411622
12182 12181
811355707
Supplies-Enor/Pub Yks
25.81
+881-4218-1188
2 41267C
6311622
12/82 12187
12182 12187-
811377986
Supplies - Gen Govt
221.34
+881-4518-1188
2 41247C
6911622
12182 12187
811379362
811366872
Supplies - Planning14.51
Su lies - Pub Wks-
+881-4838-1188
1 41287C
6511622
12/82 12187
811486361
Suoplies - CMor
66.83
+881-4898-1188
2 41247C
66/1622
12/82 12/81
811486362
Supplies - Gen Govt
18.78
+081-4218-1188
+881-4358-1288
3 41287C
67/1622
12/82 12181
811486364
Supplies - Planning
14.71
36.97
4 41217C
68/1622
12/82 12187
811486367
Supplies - Recreation
2.75
TOTAL DUE VENDOR -------->
942,13
FIA Federal Credit Union
FIACreditU
+881-2118-1889
1 41247A
12/62 12/87
Credit Union Contrib-PP23
21318.88 12/87/93 8888821381
TOTAL PREPAID AMOUNT ----
2,318.81
TOTAL DUE VENDOR -------->
8.81
Federal Express Corp.
FedExpress
+881-2388-1118
+881-2388-1818
2 41207C
3
12182 12/17
1399-5683-6
Exp Mail - FPL93-18
13.88
+881-4838-2128
41207C
1 41211C
1242 12/87
1399-5683-6
Exo Mail - FFL93-18
24.54
+881-4838-2121
2 41MC
12!12 12187
1399-5883-b
Exp Mail - C Mgr
9.18
+181-4838-2128
3 41217C
1242 12/67
1399-5683-6
Exp Mai; - C Mar
9,"
+881-4191-2121
1 412#7C12112
12182 12187
1399-5683-6
Exp Mail - C Mgr
11.58
12187
1399-5683-6
Exp Mail - Fen Govt
13,04
TOTAL DUE VENDOR --------}
68.88
First Interstate Bank
FirstInter
+881-4818-2325
2 41267A
12182 12/87
MTA Mtg 9118-Paaen
25.17 12/81/93 8888821316
TOTAL PREPAID AMOUNT ----1
25.17
TOTAL DUE VENDOR
0,81
GTE California STE
TOTAL DUE VENDOR --------) 362.46
GTE California
+**
City
of Diamond
Bar +++
+118-4896-2125
RUN TIME: 16:13 12/62/93
V
O U C H E R R E
6 I S T E R
PAGE 6
TOTAL
DUE VENDOR --------)
DUE THRU.............12/67/93
GTE California
STE
VENDOR NAME
VENDOR ID.
+811-4846-2125
1 41247D 12112 12/87
+ t PREPAID + +
ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0.
ENTRY/DUE INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Flaeenbaue, Bruce
Flaeenbaue
17.41
#481-4216-4166
3 41207F
12/62
12/67
Ping Coe-16111.25411/8,22
246.68
TOTAL DUE VENDOR--------
246,61
Franchise Tax Board
Franchise',
+111-2116-1669
3 41207F
12162
12147
Withholding-568648731
229.49
*661-2116-1669
2 41207F
12762
12/61 PP23
Withholdina-351369688
54.46
TOTAL DUE VENDOR--------i
283.97
GTE
GTEL
+661-4696-2138
1 41207D
12,112
12/61
October Equip Rent
169.61
TOTAL DUE VENDOR--------
169.61
GTE California
GTE
+161-4696-2125
1 412670
12112
12/67
Bldg X Safety Phne Svcs
362.46
*661-4331-2125
1 41267D
12/62
12/67
Phne Svcs-Sycasare Cyn
74.53
TOTAL DUE VENDOR-------->
74.53
GTE California
GTE
*161-4313-2125
1 4i217D
12/62
12/67
Phne Svcs-Heritage Prk
55.43
TOTAL DUE VENDOR--------
55.43
GTE California
STE
+161-4331-2125
2 41207D
12182
12/17
Phne Svcs-Sycoaore Cyn
55.43
TOTAL DUE VENDOR-------->
55.43
GTE California STE
TOTAL DUE VENDOR --------) 362.46
GTE California
STE
+118-4896-2125
1 412671 12/42 12/67
Phone
Svcs -City On Line
337.98
TOTAL
DUE VENDOR --------)
337.91
GTE California
STE
+811-4846-2125
1 41247D 12112 12/87
Modum
Svcs
17.41
TOTAL
DUE VENDOR --------)
17.41
RUN TINE: 16:13 12/02/93
+
f+ C i t y o f D i
V O
m o n d B +++
a r
UCH E R R
E G I S T E R
DUE THRU.............12/67193
PAGE 7
VENDOR NAME
VENDOR ID.
ACCOUNT PR03.TX-00 BATCH PO.LINE/NO. ENTRY/DUE INVOICE
DESCRIPTION
t f PREPAID + +
----------------------------
----------------------------------------------------------------------------
AMOUNT DE CHECK
--------------------------
GaeeTiee
GaAeTiAe
+139-4539-2210
3 41217C 0111715
12/02 12/07 549452
Rplant Slide-Starsh
76.87
TOTAL DUE VENDOR--------
76.87
Gardner Cossunications GardnerCoA
+112-4360-5315
2 41207C
12/02 12/07 1200
Hol Shuttle - Flyer
1,492,77
TOTAL DUE VENDOR--------1
1,492.77
Giasshopper
Glasshopor
+001-4090-1300
1 41207C
12/02 12/07 7205
Glass Top-Comp Stand-Cncl
67.60
TOTAL DUE VENDOR-------->
67,60
Goldenberg, Michael
ooldenber_a
+001-4350-4100
3 41207F
12/02 12107.
PIR C04-9/30,10/28.11/18
120.00
TOTAL DUE VENDOR-------->
128.0
Gonsalves I Son. Joe
A. Gonsalves
+001-4010-4000
1 41207C
12/02 12167
Legislative Svcs-12/93
2,100.00
TOTAL DUE VENDOR--------}
2.100.09
Graffiti Control SvsteAs
GrafitiCon
+001-4555-5504
+091-4555-5520
1 41207C
2 41207C
12102 12/97
Sidewalk Repair-Cliffbrch
75,00
12/02 12/07 DB1093
Graffiti Removal-10/93
1.324.00
TOTAL DUE VENDOR--------)
1,399.00
Grothe, Jack
GrotheJ
+001-4210-4100
2 41297E
12102 12/67
Ping CoA-10/11,25111/8,22
240.00
TOTAL DUE VENDOR--------
240.00
HITT Marking Devices
HITTMark
+001-4040-1300
5 41201D 02/1709
12/02 12/07
Tise Stamp-CClk
443.83
TOTAL DUE VENDOR-------->
443.63
Hi-Way Safety Rentals
Inc HiYav5afe
+201-4095-2130
1 41207D
12/62 12/07 66939
Rent-Safety Equip
2,836.51
TOTAL DUE VENDOR-------->
2,836.50
TOTAL DUE VENDOR --------) 3.767.55
IPS Services Inc. IPS
+227-4511-6411 06194 2 41247D 01/16538 12/42 12117 116278 Prof Svc-61dnSprRehab 264,940.47
TOTAL DUE VENDOR --------) 264,049,47
Image IV Systems Inc. ImagWys
+441-4091-2114 2 412171 12112 12117 126223 Toner 6 Cleaning Supplies 7.69
+@01-4190-2100 1 412118 12102 12117 129179 Base Rate Maint-9/1-1011 118.0
Independent Computer IndCoaptr
041-4951-1104 5 41207D
Inland Valley Dly Bulletn IVDB
001-4190-2115
4 412070
+++
City
of Diamond
Har +++
+411-4641-2115
RUN TIME: 16:13
12112/93
1 41207D
V
0 U C H E R R
E G I S T E R
PAGE d
162.31
12/42
12/07
DUE THRU.............12/17193
22.54
12/12
VENDOR NAME
dc61956
VENDOR ID.
72.54
12192
12197
+ + PREPAID + +
ACCOUNT
PROJ,T11-NO BATCH PO.LINEINO.
ENTRY/DUE INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Kopper, Susan
22.54
11/1
12/17
dc63554
Pub Hrg VTTS1169
114.14
+491-3416
4
41207B
12142
12117 9186
Recreation Refund
57.@1
TOTAL DUE VENDOR --------i
51.84
Huang, Jeffrey
1 104
001-3418
7
412178
12102
12/07 9559
Recreation Refund
57.04
TOTAL DUE VENDOR --------
57.04
ICMA
ICMA2
041-4634-2315
3
41267D
12162
12147
Member Reneval
726.10
TOTAL DUE VENDOR --------;
721.04
ICMA Retirement
Trust -451 ICNA
+111-2111-1147
1
41217D
12142
12/17•
Payroll Contrib
151.19
+111-4131-1181
1
41217D
12102
12/17
CMor Cafe Contrib
411.0
+111-4134-1491
1
41207D
12102
12/07
Dec Cafe Contrib-CMgr
541.17
+011-4040-0191
1
41217D
12102
12117
Dec Cafe Contrib-CClk
433.19
041-4151-0491
1
41207D
12162
12/47
Dec Cafe Contrib-Fin
161.34
+041-4210-0090
1
41217D
12102
12/47
Dec Cafe Contrib-Plno
534.74
001-4314-1091
1
41217D
12/02
12/07
Dec Cafe Contrib-PrktRec
283.57
+441-4350-1190
1
41207D
12102
12/47
Dec Cafe Contrib-CDmmSvEs
230.0
+441-4511-1190
1
41207D
12/12
12/17
Dec Cafe Contrib-Engr
1,153.44
TOTAL DUE VENDOR --------) 3.767.55
IPS Services Inc. IPS
+227-4511-6411 06194 2 41247D 01/16538 12/42 12117 116278 Prof Svc-61dnSprRehab 264,940.47
TOTAL DUE VENDOR --------) 264,049,47
Image IV Systems Inc. ImagWys
+441-4091-2114 2 412171 12112 12117 126223 Toner 6 Cleaning Supplies 7.69
+@01-4190-2100 1 412118 12102 12117 129179 Base Rate Maint-9/1-1011 118.0
Independent Computer IndCoaptr
041-4951-1104 5 41207D
Inland Valley Dly Bulletn IVDB
001-4190-2115
4 412070
+401-4211-2115
2 41267D
+041-4211-2115
3 41287D
+411-4641-2115
1 41207D
+401-4214-2115
1 41207D
+125-4215-2115
1 41207D
TOTAL DUE VENDOR --------)
115.69
12/02
12/11
/0/41824
Printer Ribbons
162.31
TOTAL DUE VENDOR --------i
162.31
12/42
12/07
Bldg I Safety Bids
22.54
12/12
12/17
dc61956
Pub Hrg FER 9243
72.54
12192
12197
dc63168
Pub Hrg ADR 93-18
61.04
12142
12/17
dc63224
PubNotce-DBCitizensysBura
22.54
12/02
12/17
dc63554
Pub Hrg VTTS1169
114.14
12/02
12167
dc0465
CDBG Pub Notice
5234
+*+ Cit +++
RUN TIME: 16:13 12/82/93 V 0 y UCof Dia•ond HH E R R E 6 I 5 T E R ar
DUE THRU.............12/47/93
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TK-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION
-------------------------------------------------------------------------------------------
inland Valley Dly Bulletn IVDB
John Alden G.T.
*881-4818-8898
Johnson, Steve
081-4358-4188
JohnAlden
1 41207D
Johnson5te
1 41207F
Judicial Data Systess JudDataSys
+881-4411-5485 1 41207D
K i V Blueprint Service KIVB1uePrt
981-4218-2118 E 41281E
981-4518-2118 6 41281E
Kenford, Lisa 1882
081-3478 5 412878
Kuhnert, Rhea 1488
081-3478 3 412818
L.A. County -Sheriff's Dep LACSheriff
881-4414-5481 11 41217E
881-4411-5441 11 41287E
881-4414-5481 12 41217E
841-4411-5441 18 41217E
L.A.County Public
Yorks
LACPubYk
981-4555-5587
It
41287E
881-2381-1812
28
41217E
881-4555-5546
22
41217E
881-4555-5546
24
41247E
481-4555-5586
26
41247E
481-4555-5582
7
41247E
481-4555-5582
8
41287E
PASE 9
+ PREPAID + +
AMOUNT DATE CHECK.
-----------------------------
(CONTINUED)
TOTAL DUE VENDOR -------->
338.88
12/82 12/87
Dec Cafe -Miller
452.88
TOTAL DUE VENDOR -------->
452.!4
12/82 12/87
PIR Con -9138,18128,1111E
126.88
TOTAL DUE VENDOR
128.88
12182 12187
Oct Prkg Citations -Admin
141.75
TOTAL DUE VENDOR -------->
141.75
12182 12/87
54252
36xl54'DPPaper
11.31
12182 12187
54252
36x158'DPPaper
11.32
TOTAL DUE VENDOR -------->
22.63
12162 12107
9368
Recreation Refund
57.88
TOTAL DUE VENDOR ---------
57.0
12/82 12/81
9697
Recreation Refund
114.88
TOTAL DUE VENDOR -------->
114.88
12/82 12187
26959
TrafCntl-CC-18124-27
1,864.25
12/82 12/81
21843
ContractSvc-Oct
289,953.16
12182 12187
21866
TrafCntl-CC-18131
731.18
12162 12/87
21898
SuppISvc-HelicopSept
296.15
TOTAL DUE VENDOR --------
292,846.74
12/42 12181
9488888526E
OB/GldnSpgspccident
22.67
12182 12167
94888885354
TrafSigMtce
162.64
12182 12187
94888885355
StripingMtce
256.76
12/82 12187
94148885351
StripinaMtce
292.69
12182 12/17
94848885359
Striping-Grand(KeepClear)
211.32
12/12 12/81
94881185361
RoadMtce
245.21
12/42 12/17
94888885362
RoadMtce
18,495.72
TOTAL DUE VENDOR --------> 4,347.47
ttt
C i t
v of
D i a v o
n d Bar +++
1UN TIME; 16:13
12/42/93
V
O U C H
E R R E 6
I S T E R
PASE 18
DUE THRU
.............12/87/93
VENDOR NAME
VENDOR ID.
+ + PREPAID + t
ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0.
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT DATE CHECK
L.A.County Public Yorks
LACPubVk
(CONTINUED)
111-4555-5512
9
41211E
12/12
12111
94811115368
StMtce-V04678
641.36
111-4555-5513
11
41217E
12/42
12/11
94111815366
ParkvayMtce
3,247.45
111-4555-5584
4
41287E
12112
12117
94111115345
SidevaldInspection
239.98
8114555-5514
5
41211E
12/12
12117
94111185367
SidevalkInspection
5,247.66
111-4555-5515
4
41217E
12112
12/17
94111115363
Curbl6utterRepair
359.26.
881-4555-5515
5
41211E
12/12
12117
94111185364
Curb/6utterRepair
1,611.84
011-4555-5512
4
41287E
12/12
12/11
94811115369
DrainMtce
193.21
136-4536-2210
11
41207E
12/82
12/17
94181815368
RealignIrrioation
713.57
01-4331-5311
12
41211E
12/12
12/47
94811115377
SeverPusp
416.25
001-4555-5512
10
41201E
12/02
12/07
94111115371
RoadMtce
5/2.14
011-4555-5582
11
41287E
12162
12147
94188885373
RoadMtce
2,407.47
001-4555-5587
11
41211E
12/02
12/67
94101105374
SionalMtce
112.46
111-4555-5587
13
41207E
12182
12187
94111005374
SignalMtce
112.46-
001-4555-5507
14
41211E
12/02
12117
94011115374
SionalMtce
112.16
001-4555-5516
9
41207E
12/62
12/07
94111185372
VeedControl
11,435.61
001-4555-5511
4
41217E
12/12
12//7-
94018105371
TreeVatering
1,481.31
101-4555-5531
4
41207E
12/82
12/11
94111815375
IVServices
1,493.56
101-4555-5530
5
41207E
12/42
12/07
94111115376
IVServices
78.25
011-4511-2111
7
41217E
12112
12/17
940/"1616/
ReproBluePrintStreDrainNo
49.91
101-4555-5516
23
41207E
12/42
12/87
9411815336
Signina6randAve
177.96
001-4555-5517
12
41217E
12/42
12/17
94411114115
TrafSig/HvySafe-Oct
1,562.62
101-4555-5516
25
41217E
12/82
12/11
9411"115356
SioningHighnob
66.29
TOTAL DUE VENDOR------->
56,414.74
LA Cellular Telephone
LACellular
041-4038-2125
12
41281E
12112
12/17
CMgrCellSvc
134.54
101-4440-2125
12
41211E
12/12
12/87
EmerPrepCellSvc
32.06
TOTAL DUE VENDOR--------3
166.68
Laksana, Brace
993
+011-3478
11
412178
12/02
12/07
9679
Recreation Refund
39.10
TOTAL DUE VENDOR-------->
39.81
Landscape Vest
LandscapeN
141-4541-5581
5
41217E 11/1575
12112
12/47
011696
LandMtce-LLADt41
3,336.65
141-4541-2210
21
41207E
12/12
12/07
011771
IrrReo-Pathfinder
284.46
141-4541-2211
22
41217E
12/12
12/11
011772
Irrhp-PeacefulHills
23.24
141-4541-2211
23
41207E
12112
12/47
111773
IrrRepairs
54.22
141-4541-2211
24
41217E
12112
12117
011774
IrrRepairs
56.14
141-4541-2211
25
41207E
12/12
12117
411775
IrrRepairs
66.56
141-4541-2210
26
41211E
12102
12117
011776
IrrRepairs
125.62
141-4541-2210
27
41207E
12/12
12167
811777
IrrRepairs
126.26
141-4541-2218
21
41201E
12/12
12/47
011776
IrrRep-PeacefulHills
113.35
141-4541-2210
26
41207E
12/12
12107
111779
IrrRepairs
156.77
TOTAL DUE VENDOR --------> 4,347.47
RUN TIME: 16:13
t++
12/42/93
City of Diam
ond B+� ++
ar
V O UGH E R R
E 6 I 5 T f R
DUE THRU.............12/81/93
PASE 11
VENDOR MANE
VENDOR ID.
ACCOUNT PROJ.T1(-NO BA1t311 PO.LIMEINO. ENTRY/DUE INVOICE
--------------------------
DESCRIPTION
* + PREPAID + +
AMOUNT
DATE -----
League of Ca. Cities Leapoe
7
+181-4818-2325
+881-4834-2325
3 41217A
1 41211A
12182 12147
CC/CtyNgrYrkshp 1/28-22
1,567.84
12/81/93 888882
12/82 12187
CC/CtvMgrWrksho 1/28-22
833.88
12/81/93 8888821388
TOTAL PREPAID AMOUNT ----}
2.588.88
TOTAL DUE VENDOR --------}
8,80
Lee, Seuno Sang
Lee5eun_o
+881-4316-2218
1 41247A
12182 12/07
Reiab-Eagle Proj Supplies
98.79
12/87/93 8888821385
TOTAL PREPAID AMOUNT ---->
94,19
TOTAL DUE VENDOR -------}
8.88
Li, Michael
LiMike
+081-4210-4180
4 41207F
12182 12187
Ping Com -18/11,25111/6,22
248.84
TOTAL DUE VENDOR -------->
240.80
Lieh Yuan I Eugena
Weno LiehYuan
+441-2308-1818
4 412076
12/82 12/87
Refund Deposit FPL 93-36
186.33
TOTAL DUE VENDOR --------
148.33
Luiten's Welding
LuitenWeld
138-4536-6418
12 41281E
12/82 12/87 8191(POi536) CityEntSign-Retainage
738.89
TOTAL DUE VENDOR -------}
735.89
Mariposa Horticultural
Mariposa
841-4318-1288
25 41241E
12/82 12/41
Supplies
282.22
TOTAL DUE VENDOR --------}
242.22
Mason, Carey
996
+881-3418
12 412411
12/82 12/87 9478
Recreation Refund
51.88
TOTAL DUE VENDOR --------}
57.80
Medina, Raul
Medinal
+441-4354-4188
4 41217F
12102 12/47
PIR Com -18/26,11118
68,48
TOTAL DUE VENDOR --------}
84.81
Meyer, David
MverD
+841-4218-4180
1 41217F
12/42 12187
Ping Com -18/11,2511116,22
244.88
TOTAL DUE VENDOR --------}
244.80
+t+ City of Diaeond Bar +++
RUN TIME: 16:13 12/12193 V O U C H E R R E G I S T E R PAGE 12
DUE THRU.............12107193
VENDOR NAME VENDOR ID. + # PREPAID + +
ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION- --- -- ----- -- ---- -- AMOUNT DATE CHECK
Mitchell Pest Control
Inc MitchellPe
011-4555-5519
19 41217E
12/12 12/17
11113751
Sp ay5treetiree
151.18
TOTAL DUE VENDOR -------->
151.0
Mobil
001-4011-2310
Mobil
4 41207E
12142 12/67
K4188996
Fuel-CCouncil
11.41
011-4218-2310
20 41217E
12/02 12/17
K2475723
Fuel -Ping
22.73
001-4314-2311
37 41287E
12/42 12/17
K3867356
Fuel -PIR
33.14
011-4311-2311
39 41211E
12/82 12/11
K3667695
Fuel -FIR
33.0
111-4210-2310
19 41217E
12/12 12/47
K3667791
Fuel -Ping
21.18
811-4111-2318
5 41281E
12112 12187
K4571136
Fuel-CCouncil
14.69
101-4316-2311
36 41211E
12142 12/87
K4571346
Fuel -PIR
21.11
111-4310-2311
36 41217E
12142 12/17
K5274O32
Fuel -PIR
35.0
TOTAL DUE VENDOR -------->
191.14
Mt. Baldy United Way
UnitedWay
011-2111-1109
4 412176
12/12 12/47
United Way Contr-PP22/23
59.80
TOTAL DUE VENDOR -------->
59.0
Murthy, Usha
975
061-3476
16 412/78
12/12 12//7
9551
Recreation Refund
44.48
TOTAL DUE VENDOR --------7
41.0
Myers, Elizabeth
MyersE
081-4411-4404
9 41247E
12142 12/81
93DBi9
CCouncil-11/12
24440
.0
001-4011-4010
18 41217E
12/12 12/17
93DB19
CCouncil-11/16
2221.0
001-4214-4148
14 41287E
12/42 12/17
93DBi9
P1ngCose-14/25
141.10
101-4211-4041
15 41217E
12102 12/67
93DB19
P1noCose-11/48
188.0
011-4211-4146
16 41287E
12/12 12/17
93DB19
ADR -11118
21.0
01-4311-4684
6 41247E
12/12 12/07
93DB19
PIRCoes-1O128
248.0
011-4553-401
6 41247E
12/42 12/67
93DB19
TGT -11118
141.61
TOTAL DUE VENDOR -------->
1.166.44
Nam. Yunhee
994
+041-3478
11 412179
12182 12/47
9756
Recreation Refund
34.14
TOTAL DUE VENDOR -------->
34.0
Nelson, S. Gregory
+411-230-1816
NelsonGreg
7 412476
12142 12/02
5EATAC Mtg 11/19-FPL92-16
10.46
TOTAL DUE VENDOR -------->
148.0
+** +++
RUN TIME: 16:13 12/02/93 City of Diaeond BV O U C H E R R E S I S T E R a
DUE THRU.............12/07/93 PAGE 13
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.T1-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION } PREPAID + +
---------------------__ AMOUNT DATE C ----
Nguyen, Catherine
997
+01-3416
13 412878
12182 12107 9711
Recreation Refund
36.00
TOTAL DUE VENDOR --------)
36.88
PC Magazine
PCMagazine
+001-4838-2320
1 41247F
12182 12/81
Subscription
34.97
TOTAL DUE VENDOR --------}
34.97
PERS Health Benefits
PERSHealth
+881-4898-8888
+881-2118-1083
1 41247F
1 41267F
12/82 12187
Health Benefits -12/93
39.68
12/82 12/87 Dec
Health Benefits -12/93
7,723.36
TOTAL DUE VENDOR --------
7,762.98
Partseaster Inc.
Partsmastr
+181-4322-2218
2 412#7F 02/1658
12102 12/07 49153A
Maint Supplies -Regan Pk
93.72
TOTAL DUE VENDOR -------->
93.72
Payroll Transfer
PavrollTr
+8#1-1828
1 412016
12/02 12187
Payroll Transfer PP23
39,800.08 12/07/93 8880000823
TOTAL PREPAID AMOUNT ----}
3916#8.88
'OTAL DUE VENDOR --------}
4,00
Payroll Transfer
PayrollTr
+##1-182#
2 412#76
12/62 1247
Payroll Transfer
Y
36,45#.00 12!87/93 8080800011
TOTAL PREPAID AMOUNT ----}
36,450.88
TOTAL DUE VENDOR --------}
0,##
Pitney Doves
PitneyBove
+881-4890-212#
2 412W
121#2 12/67
Advance Mail Charges
32.46
TOTAL DUE VENDOR --------}
32.46
Plunk, Lydia E.
Plunk/
+001-4218-41#8
5 41247F
12/12 12187
Ping Cort#/11,25111/22
168.88
TOTAL DUE VENDOR --------}
16#.M
Pomona Judicial District PosJudDi5t
+801-3223
1 412076
12/02 12101
Muni Court Fees -Oct
335.8#
TOTAL DUE VENDOR --------}
335.#8
*++ City of Dimond Bar *++
RUN TIME: 16:13 12/12/93 V 0 U C H E R R E G I S T E R PAGE 14
DUE TNR'J.............12147/93
VENDOR NAME VENDOR ID. + # PREPAID + +
ACCOUNT PRDJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
Posona Vly Transportation PosonaVly
1112-4360-5311
1 41217E
12112 12/17
1972
Tiny Tots Excursion -Farr
525.11
TOTAL DUE VENDOR -------->
525.00
Programed For Success
ProgForSuc
+101-+358-1211
6 41217F 1111106
IZ/62
12117
5916
Demo Disk-Rec Svcs
47.23
TOTAL DUE VENDOR -------->
47.23
Public Eepi Retirement
}111-2111-1118
PERS
1 41267A
12112
12/47
RetireContrib-Esplyr PP23
2,368.94 12/17193 /0/0121364
+011-2110-1118
2 41217A
12112
12117
RetireContrib-Esplye PP23
2,639.01 12/87/93 660//21364
TOTAL PREPAID AMOUNT ---->
5,127.94
TOTAL DUE VENDOR -------->
6.14
Public Eaol Retirement
PERS
+111-2111-1108
3 412076
12112
12147
Retire Cant PP24-Eaplyr
2,578.23
+161-2111-1116
4 412076
12112
12/87
Retire font PP24-Emolye
2,648.11
TOTAL DUE VENDOR -------->
5,426.33
Pulone. Bernadette
964
+101-3478
6 412178
12142
12117
9335
Recreation Refund
39.64
TOTAL DUE VENDOR -------->
39.14
Recognition Inc.
Recoanitin
441-4495-1268
2 41207F 11/1714
12/12
12167
5331
City Tile Avards
4,625.43
TOTAL DUE VENDOR -------->
4,625.93
Richards Watson L Gershon RichardsWa
461-4126-4021
1 41217F
12/12
12107
Sp Legal Svcs -6P Asendets
11,624.79
TOTAL DUE VENDOR -------->
11,821.79
Robert Driver Ins Co.
RobOrive
411-2311-1114
1 41247F
12162
12/67
Special Event Ins -11193
321.61
TOTAL DUE VENDOR -------->
324.11
Roberts, Eric I Beatrice
*0/1-2311-1111
RobertsEri
1 41207A
12/42 12/17
Aefund-DakTree FPL 93-138
325.16 12117143 811112131'
TOTAL PREPAID AMOUNT ---->
325.0
TOTAL DUE VENDOR -------->
1.64
RUN TIME: 16:13 12/62/q3 t** C j **
Vt OY UCo Hf D i ER Ra Ee Go In Sd TEB R a r +
DUE THRU.............12/81!93 PAGE 15
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRYiDUE INVOICE DESCRIPTION+ t PREPAID + +
-------------------------------------------------- - AMOUNT DATE CHECK
--------------------------
Ruzicka, Joseoh T. RuzickaJ
+991-4358-4188 2 41297F
SafecO Insurance C000any Safeco
+225-4516-6412 88394 1 41267A
Sao Peterson L Associates SamPeters
+256-4318-6415 66594 2 41287F 61/1192
Sams, Cris 977
481-3474 1 412878
San Gabriel Valley SGVEA
*981-4519-2325 1 41217A
San Gabriel Vlv Tribune SSVTribune
+881-4216-2115 4 412916
*681-4898-2115 2 412916
*125-4215-2115 2 412876
*691-4218-2115 5 412976
San Sit Maintenance Bae6ilMain
491-4313-5389 4 412616 9111717
Sharons Bakery SharonBake
481-4919-2325 1 41267A
12/92 12/97
PLR COr9/38,16/28,11/18
128.68
TOTAL DUE VENDOR --------
126,69
12/82 12/61
IMS-Fina1Py1nt-Grnd1Shtgn
1,664.56 12/67/93 8666621363
TOTAL PREPAID AMOUNT ----j
1.684.58
TOTAL DUE VENDOR -------->
8.66
12162 12/67 625476
Pantera Prk Base Map
2,461.78
TOTAL DUE VENDOR --------j
2.461.18
12/82 12/67 8683
Recreation Refund
35.88
TOTAL DUE VENDOR --------
35.69
12/62 12/61
Mtg ADA/Pub Wks -11/17 -Liu
15.86 12/87/93 8666621375
TOTAL PREPAID AMOUNT ---->
15.99
TOTAL DUE VENDOR --------j
6,66
12/62 12/97 sgvt3551
VTT 51169 -Pub Hrg
79.65
12/62 12/67 sgvt3568
Bldg i Safety Bids
28.32
12/82 12/67 sgvt3731
Pub Hrg CDBG Funding
57.23
12/82 12187 sgvt3772
Pub Hro ADR 93-18
75.11
TOTAL DUE VENDOR --------j
246.37
12162 12/67 861
Janitor Svc-HrtgePrk-Nov
412.68
TOTAL DUE VENDOR -------->
412.69
12/82 12/67
Meeting Supplies
34.86 12/67/93 6866621378
TOTAL PREPAID AMOUNT ---->
34.66
TOTAL DUE VENDOR -------->
8.89
++ City of D i a a o n d Bar +++
RUN TIME: 16:13 12/62/93 V O U C H E R R E 6 I S T E R PAGE 16
DUE THRU.............12107193
VENDOR NAME VENDOR ID. + + PREPAID * +
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
Shields. Helen ShieldsHel
1461-2344-1882 1 412876
Siecke. Warren C. SieckeW
+401-4553-5222 2 412876
+258-4518-6412 47094 3412816
+250-4518-6412 86994 2 412876
Sir Speedy
+441-4890-2114
+441-4216-2114
+441-4314-2114
+401-4438-2114
SirSpeedy
1 41247F
2 41267F
1 41247F
1 41207F
12/82 12/47
12/62 12/87 34186
12/82 12147 34719
12/82 12147 347212
12/02 12/87
12/42 12/67
12/42 12/07
12/02 12/01, 13421
Southern Ca. Edison
SoCaEdison
TOTAL DUE VENDOR --------?
58.40
+881-4311-2126
1 412816
12/82
12/41
+881-4316-2126
1 412876
12142
12/47
+001-4319-2126
1 412076
12162
12147
+081-4326-2126
1 412816
12/82
12/87
Southern Ca. Edison SoCaEdison
+401-4555-2126 1 412076 12/02 12/01
Southern Ca. Edison SoCaEdison
+139-4539-2126 1 412116 12/42 12/01
Southern Ca. Edison SoCaEdison
+141-4541-2126 1 412476 12/02 12/07
Southern Ca. Edison SoCaEdison
+136-4536-2126 1 412016 12/42 12/42
Refund-Hrtq Prk Deposit
58.88
TOTAL DUE VENDOR --------?
58.40
Prof Svcs-NtLrl I Map1Hil
367.88
Prof Svcs-DBar 8 Shadov
2,888.00
Prof Svcs -OCR [ Pathfndr
681.88
TOTAL DUE VENDOR -------->
3,066.00
Stationary-Ltr Head
36.61
Bus Cards - Planning
93.4
Business Cards
95.92
Stationary-Ltr Head
25.82
TOTAL DUE VENDOR -------->
252.25
Electric Svcs -Paul Grov
28.53
Electric Svcs -Maple Hill
599.62
Electric Svcs -Peterson Pk
62.38
Electric Svcs-SuestRdoe
360.44
TOTAL DUE VENDOR --------?
1,051.13
Traffic Control Svcs
2,865.63
TOTAL DUE VENDOR -------->
2,665.63
Electric Svcs -Dist 39
258.53
TOTAL DUE VENDOR -------->
258.53
Electric Svcs -Dist 41
49.54
TOTAL DUE VENDOR --------?
49.54
Electric Svcs -Dist 36
134.47
TOTAL DUE VENDOR --------?
134.41
ttt
RUN TINE: 16:13 12/12/93
r,ity V 0 UGof Di
H E R R
amond ga t
tt
E 6 I 5 T E R
PAGE 17
DUE THRU.............12/87/93
VENDOR MANE VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINEINO.
ENTRY/DUE INVOICE
DESCRIPTION
t t PREPAID t #
-------
AMOUNTDATE CHECK
---
Southern Ca. Edison SoCaEdison
*258-4518-6412 96994 1 412876
12182 12181
ElectSvcsTrfc5igPath/BrCy
178.16
TOTAL DUE VENDOR -------->
179.16
Standard Insurance of Ore StandardIn
481-2118-1885 2 41287F
12182 12187 Dec
Supplieental Life -Dec
17.04
TOTAL DUE VENDOR -------->
17.0
Standard Insurance of Ore StandardIn
*881-2119-1485 1 412876
12/82 12197
Dec Life Ins Preens
362.58
TOTAL DUE VENDOR -------->
362.54
Stranak, Lavonne StranakLav
481-3416 1 41281-4
12/82 12/87.
Refund -Tiny Tats
112.88 12/67/93 8898821347
TOTAL PREPAID AMOUNT ----)
112.88
TOTAL DUE VENDOR -------->
8.94
Tan, Lynn 996
481-3475 14 41287E
12/82 12/87 9857
Recreation Refund
57.44
TOTAL DUE VENDOR -------->
57.4
Time Out Personnel Svc. TiaeOut
481-4848-4984 1 412916
12/62 12187 938625
Temp Svcs-CClk
48.44
TOTAL DUE VENDOR -------->
46.48
US Printing USPrinting
*481-4498-2118 3 412676 8111691
12/82 12/47
PrintgSvcs-FalseAlarm
323.25
TOTAL DUE VENDOR --------)
323.25
US Sprint LOprint
#941-4511-2125 1 412816
12192 12187
Engr Long Dist Phne Svcs
12.97
TOTAL DUE VENDOR -------->
12.91
Ury, Donald UrVD
481-4553-4188 2 412816
12182 12197
Trfc 6 Trans Mtg 11/16
48.88
TOTAL DUE VENDOR --- ----)
48.0
+++ City of Dimond Bar +++
RUN TIME: 16:13 12142/93 V 0 U C H E R R E G I S T E R PAGE 18
DUE THRU.............12/67193
VENDOR NAME VENDOR ID. + + PREPAID + +
ACCOUNT PROJ.TI-NO BATCH PO.LINEINO. ENTRYIDUE INVOICE DESCRIPTION AMOUNTDATE CK
CHE
- -----
Yaldie, Larry
+961-44114-2325
YaldieLarr
1 412476
12/92
12147
Sheriff Mtg -1112193
31.42
TOTAL DUE VENDOR --------)
31.42
Walnut Vly Yater Dist
+681-4311-2126
WVYaterDis
2 411916
12162
12/87
Yater Svcs -Grow Park
2,285.65
+661-4316-2126
2 412816
12/62
12/61
Yater Svcs-Maptehiii
1,481.44
+841-4319-2126
2 412676
12162
12/91
Yater Svcs -Peterson Park
3,691.65
+841-4328-2126
2 412116
12/42
12/81
Water Svcs-Suuitridge
2,982.14
+661-4331-2126
1 412616
12192
12/67
Yater Svcs -Sycamore Cyn
1,224,44
+138-4538-2126
3 412876
12192
12/87
Yater Usage Dist 38
14,651.40
TOTAL DUE VENDOR --------)
25,716.84
Walnut Vlv Yater Dist
+139-4539-2126
WVYater6is
2 412676
12142
12187.
Yater Usage Dist 39
8,451.25
TOTAL DUE VENDOR --------)
8.451.25
Wright, Paul
+661-4696-4144
WriohtP
1 412476
12/62
12147
Audio/Visual Svcs -Nov
394.66
TOTAL DUE VENDOR --------)
396.81
TOTAL PREPAID ---------->
41,423.15
TOTAL DUE --------------->
813,884.91
TOTAL REPORT ------------>
964,944.16
RUN TIME; 16:13 12/42/93
t y o f D i a e o n d B a r t f f
VOUCHER RE6iSTER
FUND
SUMMARY REPORT
PA6E 1
DUE TNRU.............12/17/93
FUND
DIS
TOTALTAL
SIL
DIRECT PAY
63E YIII POST 63E HAS POSTED
REVENUE EXPENSE
FUTURE
TRANSACTIONS
---- --------
REVENUE EXPENSE
REVENUE
EXPENSE
011 General Fund
574,163.44
111,661.54
138 LLAD #36 Fund
23,579.46
343,467.82
1,382.11
133,332.83
139 LLAD S39 Fund
15,499,29
1,441.66
22.131.82
125 CD96 Fund
476.96
151449.29
112 Prop A -Transit F
2,392,77
476.96
227 Traffic Mit Fee
272.239.15
2,392.77
116 Air Quality Imp
337,91
212,234.15
141 LLAD 141 Fund
4,397.11
337.41
225 brand Ar Const F1,614.51
4,347.47
49.54
251 C.I.P. Fund
5,312.96
1,614.51
TOTAL------------
------------
5,312.96
ALL FUNDS
914.9/4.16
111,861.59
------------------------------------------------
349.216.45
------------
------------
1,362.11
453.383,52
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. y
TO: Honorable Mayor and City Council
MEETINGDATE: December 7, 1993
FROM: Linda G. Magnuson, Accounting Manager
REPORT DATE: December 2, 1993
TITLE:
Treasurer's Report - October 31, 1993
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of October 1993.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report
Resolution(s)
Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
— Public Hearing Notification
— Bid Spec. (on file in City Clerk's Office)
Other
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed Yes No
by the City Attorney? —
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission? — Yes X No
Which Commission? — Yes X No
5. Are other departments affected by the report?
Report discussed with the following affected departments: — Yes X No
REVIEWED BY:
Ter ence L. Be a er Li da n
�n
g
City Manager Accounting ManG. Mag u oger
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 7, 1993
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - October 31, 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 October, 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 October 1993. This statement shows the cash balances
for the various funds, with a breakdown of bank account balances and
investment account balances.
PREPARED BY:
Linda G. Magnuson
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
October 31, 1993
rurvu
TRAFFIC SAFETY FUND
$4,873,286.73
38,229.01
$597,113.77
$548,850.69
($245,352.21)
$4,676,197.60
GAS TAX FUND
TRANSIT TX (PROP A) FD
2,682,321.22
7 796 79
146,091.89
(10,500.D0)
46,025.80
2,817,164.68
TRANSIT TX (PROP C) FD
564,843.92
981,818.85
80,157.20
44,293.78
6, 90.39
638,910.73
INTEGRATED WASTE MGT FD
AIR QUALITY IMPRVMNT
21,736.70
6,713.132,646.
1,026,072.63
25,802.95
FD
STATE PARK GRANT FUND
49,366.33
0.00
10,214.86
11,323.41
48,257.78
PARK FEES FUND
COM DEV BLOCK GRANT
188,187.22
2,037.54
(40,000.00)
(40,000.00)
190,224.76
FE
LANDSCAPE DIST #38 FD
(6,763.28)
161,835.14
6,357.36
7,552.38
602.50
( )
(8,560.80)
LANDSCAPE DIST #39 FD
89,729.40
4,871.57
1,223.34
32,425.34
134,281.37
LANDSCAPE DIST #41 FD
112,534.45
1,613.10
25,557.10
65,395.64
GRAND AV CONST FUND
446,619.78
3,984.15
110,163.40
TRAFFIC MITIGATION FEE FD
295,237 87
507.57
446,112.21
CAP IMPROVEMENT PRJ FD
(237,656.25)
295,237.87
SB 821 FUND
156,224.55
1,696.98
3,000.00
296,454.71
55,798.46
SELF INSURANCE FUND
TOTALS
375,902.61
4, 858.39
157,921.53
10,793.454.25
. cid 000 -7n
— _ .
380, 761.00
SUMMARY OF CASH:
DEMAND DEPOSITS:
INVESTMENTS:
GENERALACCOUNT
PAYROLL ACCOUNT
CHANGE FUND
PETTY CASH ACCOUNT
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES
COMMERCIAL PAPER
L.A. I. F.
TOTAL INVESTMENTS
TOTAL CASH
$338,135.35
551.22
100.00
500.00
$0.00
0.00
10,726,481.04
$339,286.57
10,726,481.04
$11,065,767.61
CARL WARREN & CO.
TO: City of Diamond Bar
November 9, 1993
ATTENTION: Lynda Burgess, CMC/AAE
City Clerk
RE: Claim L.A. Count
Claimant Y (Dewitt) vs. Diamond Bar
D/Event L. A. County (Dewitt)
3/1/91
Recd Y/Office : 11/3/93
Our File S 68082 RQ
We have reviewed the above captioned claim and request that you take the
action indicated below:
[z] Bond a standard rejection letter to the claimant.
[ ] CLAIM INS JPVT['TVW--. In accordance with the telephone conversation of
* a notice of insufficiency must be mailed to the claimant no later than
*, 19*. THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF
THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SiIRMTT A " FTF['TTnu I&TUal.
Government Code Sections 910 and/or 910.2 and/or 910.4. See
[ ]
MENDED /SLJppr F1YrFU11n1J C STM Send a standard rejection letter to the
claimant, refecting this additional/amended claim.
[ ] I TE C ATiN RESpnNS Return the original claim material to the
claimant, advising that the claim is late and that their only recourse is
to file a written "Application for Leave to Present a Late Claim". (Return
copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS
OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A " EJEQT
See Government Code Section 911.4 r91a"
[ ] APPLICATION F•TFf-TT^X. Reject claimant's "Application for Leave to
Present a Late Claim. See Government Code Section 911.8.
[ ] TAKE NO ACTTnN. Defer any written response to the claimant pending
our further advise.
Please provide us with a copy of the notice sent, as requested above. If
you have any questions please contact the undersigned.
Very truly yours,
CARL WARREN & COMPANY
Richard Marque
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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27
28
DE WITT W. CLINTON, County Counsel
S. ROBERT AMBROSE, Assistant County Counsel
PATRICK J. GARDINER, Principal Deputy County Counsel
STATE BAR NO.: 047860
648 Kenneth Hahn Hall of Administration
Los Angeles, California 90012-2713
(213) 974-1894
Attorneys for Defendant
COUNTY OF LOS ANGELES
BEFORE THE CLERK OF THE
CITY OF DIAMOND BAR
In the matter of the Claim of: ) CLAIM FOR INDEMNIFICATION
THE COUNTY OF LOS ANGELES )
AGAINST CITY OF DIAMOND BAR, )
The undersigned claimant hereby makes claim against the
City of Diamond Bar in an amount presently undetermined for
indemnification and in support of said claim represents as
follows:
A complaint for damages entitled Neal Charles Dewitt et
al. V. Citv,of Diamond Bar, et al., has been filed in Los Angeles
County Superior Court, East District (Pomona), Case No. KC
007322. The complaint, which was filed on January 30, 1993, was
served on the claimant on September 3, 1993.
The complaint alleges that plaintiff NEAL CHARLES DEWITT
suffered injuries and damages while driving on the Brea Canyon
-ut-off, South of Pathfinder Road in the City of Diamond Bar,
'.ounty of Los Angeles, State of California, when the vehiclehe
ias driving collided with another vehicle. The complaint alleges
1
1 that the claimant, County of Los Angeles, along with others, is
2 liable for the injuries and damages to the plaintiff resulting
3 from the incident.
4 A copy of plaintiffs, complaint is attached to this
5 Claim for Indemnification, marked as Exhibit "A" and incorporated
6 herein for reference purposes only.
7 It is the contention of the claimant, County of Los
8 Angeles, as against the City of Diamond Bar, that claimant was
9 not responsible in any manner for the injuries and damages to
10 plaintiffs arising out of the incident. It is thereby requested
11 that the City of Diamond Bar acknowledge its percentage of
12 responsibility and further acknowledge that claimant is not
13 responsible.
14 Claimant further contends that if it were found liable
15 to plaintiffs by way of the causes of action of the complaint,
16 claimant's responsibility would be a concurrent cause of injuries
17 and damages with those acts and omissions of respondent.
18 Therefore, claimant is entitled to an apportionment of the
19 respective percentages of responsibility on a theory of
20 comparative responsibility.
21 Claimant further contends that it has the right to have
22 the court make a declaration as to respondent's obligation to
23 indemnify and hold harmless claimant for any judgment, settlement
24 or compromise in a proportionment amount equal to its respective
25 percentage of fault.
26
27
28
2
1
2
3
4
5
6
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10
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13
14
15
16
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18
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21
22
23
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All communication or correspondence for claimant should
be directed towards its attorney, Patrick J. Gardiner, at the
above address.
DATED: l DE WITT W. CLINTON
�
County Counsel
4L
ATRICK'.,G INER
Principal Deputy County Counsel
Attorneys for Defendant
COUNTY OF LOS ANGELES
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I DOUGLAS E. WEATHERS, ESQ., STATE BAR NO. 94484
FISHER, WEATHERS & GEETING
2 ATTORNEYS AT LAW
4371 LATHAM STREET, SUITE 106
3 P. O. BOX 1070
RIVERSIDE, CALIFORNIA 92502 ORIGINAL F1LE�;.i
4 714788-6270
5 ATTORNEYS FOR PLAINTIFF ;.lAN 3 199Z
6 COUNTY CLERK
7
s
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF LOS ANGELES
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1.2 NEAL CHARLES DEWITT, KATHLEEN DEWITT ) CASE NO.: K(f 2)0'7_3
)
13 ) COMPLAINT FOR DAMAGES
14 Plaintiffs, ) GENERAL CIVIL
)
15 VS. ) (Personal Injury)
16 CITY OF DIAMOND BAR, COUNTY OF (Negligence)
)
LOS ANGELES, AND DOES 1 through 50 )
17 INCLUSIVE )
Defendants �
18 COME NOW Plaintiff herein and for their cause of action for
19 negligent infliction, of personal injury against the defendants,
20 and each of them, complain and allege as follows:
21 1. That the true names and capacities of DOES 1 through
22 50, inclusive, whether individual, corporate, associate or
23 otherwise, are unknown to plaintiff, who therefore sues said
24 defendants by such fictitious names. Plaintiff is informed and
25 believes and therefore alleges that each of the defendants
26 designated herein as a DOE is legally responsible in some manner
27 COMPLAINT FOR DAMAGES 1
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1
2
for the event and happenings herein referred to, and legally
caused injury 3 and damages proximately thereby to plaintiff as
4 herein alleged.
5 2. That at all times herein mentioned, the defendants, ar,
6 each of them, were the agents, servants and employees each of the
7 other, acting within the course and scope of said agency and
employment.
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9 3• That on or about March 1, 1991 NEAL CHARLES DEWITT
10 was the owner and operator of 1988 Toyota Camry that was
11 proceeding southbound on Brea Canyon Cutoff south of Pathfinder
12 Road, in the City of Diamond Bar, County of Los Angeles, State of
California. At said time and
13 place plaintiff was suddenly and
14 unexpectedly confronted with a large section of the public roadwa
15 that was flooded and/or washed out. As a result of plaintiff's
is motor vehicle entering into the flooded roadway, it was caused to
17 hydroplane out of control resulting in a head-on collision
18 producing severe personal injuries and property damages as is mor1
fully set forth herein below.
19 Traffic collision report number
191-03470-2929-471 is attached hereto and fully y incorporated
21 herein for all purposes as Exhibit A. The facts and circumstnace
giving rise to the liability to defendants herein are more fully
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set forth in that exhibit.
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24 4• Plaintiff, NEAL CHARLES DEWITT'S, accident and injurie
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were proximately caused by defendants negligent designing,
engineering,
g, constructing, inspecting, owning, operating,
27 maintaining and controlling of said roadway so that such
28 COMPLAINT FOR DAMAGES 2
1 County of Los Angeles is furthermore attached hereto as Exhibit
2 E, and fully incorporated herein for allu
p rposes.
3 9• On or about January 13, 1992, defendant, County of
4 Los Angeles, gave notice to plaintiffs herein that their cla_;
5 had been denied. A copy of said rejection of claim is attaz,1ea
6 hereto as Exhibit F, and incorporated herein for all
Purposes.
7 This lawsuit is commenced within six months thereafter.
8 10. That as a sole, direct and proximate result of the
9 incident herein above alleged in the conduct of defendants, and
10 each of them, plaintiff NEAL CHARLES DEWITT was injured in his
11 health, strength and activity, among his injuries being these;
12 head, face, torso, upper and lower extremities, internal organs,
13 bruises, contusions, lacerations, emotional distress, shock and
14 fright, all to his general damage in a sum within the
15 jurisdictional limits of this court.
16 11. That as a further sole, direct and proximate result
17 of the accident herein, plaintiff NEAL CHARLES DEWITT was require
18 to obtain medical and attention. hospital care and att
p Plaintiff is
19 informed and believes and upon such information and belief
20 alleges that he will require medical and hospital care and
21 attention in the future and in an amount not now known to him.
22 When plaintiff ascertains the total amount of medical and
23 care and attention required and which will be required in the
24 future, he will ask leave of this court for permission to amend
25 this Complaint by setting forth such total amount.
26 12. That as a further sole, direct and proximate result of
27
28 COMPLAINT FOR DAMAGES 5
I the accident herein, plaintiff NEAL CHARLES DEWITT was unable to
2 follow his usual for
Occupation a .
period eriod of time. Plaintiff
3 is informed and believes, upon this information and belief
4 alleges that he will be unable to follow his usual occupation by
5 reason of the accident herein, he will ask leave of this court
6 permission to amend this complaint by setting forth such total
7 period and loss.
8 13. That as a sole, direct androximate result exult of the
9 1 conduct of defendants each of them
' and plaintiff's vehicle was
10 damaged to the extent that it could not be repaired. Plaintiff
11 has suffered loss of use of said vehicle and incurred rental
12 expenses associated with replacing said vehicle.
13 14. That at all times herein mentioned
plain"lff KATHLEEN
14 DEWITT was the lawfully wedded wife of plaintiff, NEAT, CHARLES
15 DEWITT, and as a sole, direct and proximate result of the conduct
16 of defendants, and each of them, has been, is and will be,
17 deprived of the support, services, love, companionship, affection
18 society, sexual relations, solace, and emotional and financial
19 support of plaintiff, NEAL CHARLES DEWITT, and will continue to
20 differ similar damage in the future by reason of the permanency
21 of his injuries, all to plaintiff, KATHLEEN DEWITT'S damage in a
22 sum within the jurisdictional limits of this court.
23 WHEREFORE, plaintiffs pray for judgment against the
24 defendants, and each of them, as follows:
25 1. For general damage in a sum within the jurisdictional
26 limits of this court according to proof;
27
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COMPLAINT FOR DAMAGES 6
I
1 2. For loss of earnings and earning capacity;
2 3. For the reasonable cost of medical and hospital
3 expenses past, present and future;
4 4. For the reasonable value of plaintiff's vehicle, loss
5 of use of said vehicle, rental costs associated with replacing
6 said vehicle and diminished value of said vehicle; P g
7 5. For prejudgment interest according to law;
8 6. For such other and further relief as this court may
9 deem just and proper.
10 Dated: January 23, 1992
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/ FISHER,
12 -WEAfiFIERg;&--r7EETING
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ATHERS
Attorneys for Plaintiff
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DECLARATION OF SERVICE BY MAIL
STATE OF CALIFORNIA, County of Los Angeles
DOROTHY A. DUNSON, states: I am and at all times herein
mentioned have been a citizen of the United States and a resident
of the County of Los Angeles, over the age of eighteen years and
not a party interested in the within action that my business
address is 500 West Temple Street, Los Angeles, California 90012.
That on November 2, 1993 I served the attached CLAIM FOR
INDEMNIFICATION upon interested party, by depositing a copy
thereof, enclosed in a sealed envelope with postage thereon fully
prepaid in a United States mail box in the Los Angeles,
California, addressed as follows:
Clerk of the City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, California 91765
and that the person on whom said service was made has his office
at a place where there is a delivery service by United States
mail, and that there is a regular communication by mail between
the place so addressed.
I declare under penalty of perjury that the foregoing is true
and correct.
Los Angeles, California
Sated: November 2 1993 Q
DOROTHY A. DUNSON
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DE WITT W. CLINTON, County Counsel
S. ROBERT AMBROSE, Assistant County Counsel
PATRICK J. GARDINER, Principal Deputy County Counsel
STATE BAR NO.: 047860
648 Kenneth Hahn Hall of Administration
Los Angeles, California 90012-2713
(213) 974-1894
Attorneys for Defendant
COUNTY OF LOS ANGELES
CLERK OF THE
CITY OF DIAMOND BAR
In the matter of the Claim of: ) CLAIM FOR INDEMNIFICATION
THE COUNTY OF LOS ANGELES )
AGAINST CITY OF DIAMOND BAR, )
The undersigned claimant hereby makes claim against the
City of Diamond Bar in an amount presently undetermined for
indemnification and in support of said claim represents as
follows:
A complaint for damages entitled Fernando Diaz vs.
County of Los Angeles, et al., has been filed in Los Angeles
County Superior Court, East District (Pomona), Case No. KC
014606. The complaint, which was filed on September 10, 1993,
was served on the claimant on September 10, 1993.
The complaint alleges that plaintiff suffered injuries
and damages while driving on the Brea Canyon cut-off road, 1305
feet South of Pathfinder Road in the City of Diamond Bar, County
of Los Angeles, State of California, when the vehicle he was
driving collided with a vehicle driven by decedent, Stephen
1
1 Andrew Wills. The complaint alleges that the claimant, County of
2 Los Angeles, along with others, is liable for the injuries and
3 damages to the plaintiff resulting from the incident.
4i A copy of plaintiff's complaint is attached to this
5 Claim for Indemnification, marked as Exhibit "A" and incorporated
6 herein for reference purposes only.
7 It is the contention of the claimant, County of Los
8 Angeles, as against the City of Diamond Bar, that claimant was
9 not responsible in any manner for the injuries and damages to
to plaintiff arising out of the incident. It is thereby requested
11 that the City of Diamond Bar acknowledge its percentage of
12 responsibility and further acknowledge that claimant is not
13 responsible.
14 Claimant further contends that if it were found liable
15 to plaintiff by way of the causes of action of the complaint,
16 claimant's responsibility would be a concurrent cause of injuries
17 and damages with those acts and omissions of respondent.
18 Therefore, claimant is entitled to an apportionment of the
19 respective percentages of responsibility on a theory of
20 comparative responsibility.
21 Claimant further contends that it has the right to have
22 the court make a declaration as to respondent's obligation to
23 indemnify and hold harmless claimant for any judgment, settlement
24 or compromise in a proportionment amount equal to its respective
25 percentage of fault.
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1 All communication or correspondence for claimant should
2 be directed towards its attorney, Patrick J. Gardiner, at the
3 above address.
4 DATED: DE WITT W. CLINTON
County Counsel
5 � � -
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BY:
7-�77PATRICK J. 9WIVER
Principal Deputy Co#nty Counsel
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Attorneys for Defendant
9 COUNTY OF LOS ANGELES
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1 GIRARDI AND KEESE
1126 Wilshire Boulevard
2 Los Angeles, California ga0l7 14033
AMY FISCH SOLOMON, ESQ.,
3 ( 2 13 ) 977-0211
4 Attorneys for Plaintiff(s)
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AoNL V10
SEp 101993
EW DOMIC,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
FERNANDO DIAZ, )
Plaintiff, )
)
VS. )
COUNTY OF LOS ANGELES, CITY OF)
DIAMOND BAR, and DOES 1 j
through 15, inclusive, )
Defendants. )
CASE NO�j%�(��iFE�n
COMPLAINT FOR DAMAGES
STAIS
-> .I ry
MAY 0.51994
PRELIMINARY ALLEGATIftEP7.
Plaintiff alleges: I
1times herein mentioned was,
. Plaintiff is, and at all
a resident of Los Angeles County, California.
2. On or about December 7, 1992, plaintiff, Fernando
in a traffic collision that took place on Brea
Diaz as involved
Canyon Cut -Off Road, approximately 1305 feet south of Pathfinde~-
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Road, in the city of Diamond Bar.
3. The collision occurred within the County of Los
Angeles, State of California.
4. At the time of the collision, Brea Canyon Cut -Off
P.oad was owned and/or controlled by the County of Los Angeles
(hereinafter the "County") and the City of Diamond Bar (hereinafter
"Diamond Bar").
5. Plaintiff was severely injured when the automobile he
was driving hydroplaned, went out of control, crossed the
centerline and collided head-on with an oncoming vehicle operated
by the decedent, Stephen Andrew Wills.
6. Plaintiff is informed and believes and thereon
alleges that at all times relevant herein Brea Canyon Cut-off Road
and the property immediately adjacent thereto, was owned and/or
controlled by the County and/or Diamond Bar.
7. Plaintiff timely filed a government claim in
compliance with the Tort Claims Act against the County on June 7,
1993. Said claim was denied on September 3, 1993. A copy of the
government claim filed by plaintiff and rejected by the County of
Los Angeles is attached hereto and designated as Exhibit "A" and
incorporated by reference as though fully set forth herein.
1 FIRST CAUSE OF ACTION
2 DANGEROUS CONDITION OF PUBLIC PROPERTY
3 (Government Code Section 835)
4
(Against The County of Los Angeles, The City
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of Diamond Bar and Does 1 through 5, inclusive)
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7 8. Plaintiff realleges each and every allegation
8 contained in Paragraphs 1 through 7 as if fully set forth herein.
9 9. Defendant, County of Los Angeles is, and at all times
10 mentioned herein was, a County duly organized and existing under
11 the 'laws of the State of California.
12 10. Defendant, City of Diamond Bar is, and at all times
13 herein mentioned was, a division of the County of Los Angeles, a
14 County duly organized and existing under the laws of the State of
15 California.
16 11. The true names or capacities of the defendants, DOES j
17 1 through 15, inclusive, whether individual, corporate, associate
18 or otherwise, are unknown to plaintiff at the time of the filing of
19 this Complaint and plaintiff, therefore, sues said defendants by
20 such fictitious names and will ask leave of Court to amend this
names or capacities when the same have
21 Complaint to show their true
Plaintiff is informed and believes, and thereon
22 been ascertained.
g
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alleges, that each of the DOE defendants is in some manner
and happenings herein set forth, and
24 responsible for the events
25 proximately caused injury and damages to the plaintiff as herein
I
26 alleged.
27 12. Plaintiff is informed and believes and thereon
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alleges that all times herein mentioned each of the defendants sued
herein as DOES 1 through 5, inclusive, was the agent and employee
of each of the remaining defendants and was at all times acting
within the purpose and scope of such agency and employment.
13. At the time of the collision, Brea Canyon Cut -Off
Road at the collision location was in a dangerous condition, as
defined by Government code Section 830 and 835, in the following
non-exclusive respects:
(a) There were inadequate drainage and drains
along that portion of the Brea Canyon Cut -Off
Road in which the accident occurred. Said
failure to supply adequate drainage caused
plaintiff's vehicle to hydroplane out of
control, causing it to cross the centerline
and collide with an oncoming vehicle.
(b) Adequate drainage and drains at the point
where plaintiff's vehicle hydroplaned out of
control were required by the State of
California and/or local and/or national
standards, but were not in place.
(c) The fact that, without adequate drainage and
drains, excessive water would cause vehicles
to hydroplane out of control, was a
foreseeable hazard.
(d) The County and/or City of Diamond Bar failed
to marF: the highway where the accident
occurred with any type of "slippery ,nen wet"
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14. The above-described public property, and the rights
3 of way appurtenant thereto and adjacent to the concerned portions
4 thereof was owned, maintained, controlled, designed, constructed,
5 serviced, altered, inspected and tended by the County and/or
creating a
6 Diamond Bar and was in a dangerous condition,
7 substantial risk of injury to plaintiff, and others, when used with
8 due care by the public in a manner that was reasonably foreseeable.
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15. The County of Los Angeles, City of Diamond Bar and
10 DOES 1 through 5, inclusive, improperly designed, constructed,
11 repaired, aligned, maintained,
controlled, serviced, altered,
12 inspected, tended and/or modified the above-described public
warning sign;,
13 property and negligently undertook to place proper
14 thereby allowing to exist a dangerous and unreasonable condition
15 along, upon and adjacent to Brea Canyon Cut -Off Road.
county of Los Angeles, City of Diamond Bar and II
16 16. The C y
r constructive notice of the
17 DOES 1 through 5, had actual and/o
18 existence of the above-described condition and knew or should have
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19 known of its dangerous condition prior to December 7, 1992•
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17. As a proximate result of the conduct of defendants,
sustained damag
21 and each of them, plaintiffes to his personal
22 property, as will be established at the time of trial.
23 18. As a proximate result of the conduct of defendants
24 plaintiff sustained personal injuries, which have caused him pijil'
25 and suffering entitling him to general damages, as will
26 established at the time of trial.
27 19. As a proximate result of the conduct of defendant
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plaintiff has incurred and will continue to incur in the future,
expenses and obligations resulting from the cost of treatment of
the personal injuries he sustained to his damage, as will be
established at the time of trial.
20. As a proximate result of the conduct of defendants,
plaintiff has been unable and will continue in the future to be
unable `o attend his normal occupation, resulting in a loss of
earnings and earning capacity, to his damage as will be established
at the time of trial.
SECOND CAUSE OF ACTION
BREACH OF A MANDATORY DUTY
(Government code Section 815.6)
(Against the County of Los Angeles and DOES 6 through 10)
21. Plaintiff realleges each and every allegation
contained in Paragraphs 1 through 16 as if fully set forth herein.
22. The County had a mandatory duty to supply adequate
drains and drainage along the subject roadway where plaintiff's
vehicle hydroplaned and crossed the centerline. This was dictated
by the State of California standards (warrants) as contained within
the State of California Division of Highways Traffic Manual and
subsequent amendments and additions thereto, and by corresponding
sections of traffic manuals, both national and for local
jurisdictions, governing adequate drainage and drain at t(ie
location of the subject collision.
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23. The conduct of the county in failing to supply
adequate drainage and drains along Brea Canyon Cut -Off Road at the
location of the subject collision constituted a breach of the
above -referenced mandatory duty imposed upon it by the State of
California standards (warrants) and by corresponding sections of
traffic manuals, both national and for local jurisdictions.
24. Plaintiff's injuries occurred as a direct and
proximate result of the breach by the County of the mandatory duty
imposed upon it by the State of California standards (warrants) and
by corresponding sections of traffic manuals, both national and for
local jurisdictions.
25. Plaintiff alleges the damage allegations set forth
in Paragraphs 17 through 201 inclusive, of the First Cause of
Action and incorporates the same herein by reference as though
fully set forth hereat.
THIRD CAUSE OF ACTION
DANGEROUS CONDITION ON PREMISES
(Against County of Los Angeles, City of Diamond Bar
and DOES 11 through 15 inclusive)
26. Plaintiff realleges each and every allegation
contained in Paragraphs 1 through 5 and 13 thereof.
27. At all times herein, defendants, and each of them,
owned, maintained, controlled, managed and operated Brea Canyon
Cut -Off Road approximately 1305 feet south of Pathfinder Road in
the County of Los Angeles, California.
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On or about December 7, 1992, plaintiff was
critically injured when his automobile, after hydroplaning,
collided with an oncoming vehicle operated by decedent, Stephen
Andrew Wills.
29. At the aforementioned time and place, defendants,
and each of them, negligently maintained, controlled, managed, and
operated the premises, in that defendants knew or in the exercise
of reasonable care should have known that the road, if not properly
maintained with adequate drainage and drain constituted an
unreasonable risk of harm to motorists, such as plaintiff, whose
vehicles defendants should reasonably have anticipated would
hydroplane out of control and collide with oncoming traffic.
Defendants negligently •failed to maintain the drain in a safe
conditio.n, despite their actual and/or constructive knowledge
thereof, all of which proximately caused plaintiff's injuries and
damages.
30. Plaintiff realleges the damage allegations set forth
in Paragraphs 17 through 20, inclusive, of the First Cause of
Action and incorporates the same herein by reference as though
fully set forth in full.
WHEREFORE, plaintiff prays for judgement as follows:
ON ALL CAUSES OF ACTION
1. Property damage, as established at the time of trial;
2. General damages, as established at the time of trial;
3. Special damages, as established at the time of trial;
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4. Loss of earnings, as established at the time of
trial; and
5. Costs of suit and such other further relief as the
Court deems just and proper.
DATED: September 8, 1993
93120\p1d\CX
GIRARDI AND KEESE
By
AYF S*CHSOLY F SCH SOLOMON
Attorneys for Plaintiff
S�
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
SHORT C,;SE TITLE CASE NUMBER
Fernando Diaz
vs.
County of Los Angeles, et al. I CERTIFICATE OF ASSIGNMENT
File this certificate with all cases presented for filing in all districts of the Los Angeles Superior Court.
The enders ersc declares that the acove entitled matters filed for proceedings in the East District of
the _os Ange es Superior Court under Section 392 et seq , Code of Civil Procedure and Rule 300, Sections 3 and 4 of this court for the reasons
chezked beic,,: The address of the accident, performance, party, detention. place of business,. or other factor which qualities this case for (ding
in 1ne above desianated district is (not required for non -tort cases filed in Central District):
:D�2_-= - TLE OR OTHER OUAUrti1'�O FAC'ORI
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ADDRESS r
LJ A6''�;'
I Brea Canyon Cut -Off Road
LA AL' :
STATE,
lziacooE,
Diamond Bar
CA
hlanca - -s'
.J A= `__
JURY TRIAL 0 NON—JURY TRIAL
NATURE OF ACTION
QJ A7100 Vehicle Accident
O A7210 Med Malpractice
O A7200 Other Personal Inj
O A7220 Product Liability
O A6050 Other Malpractice
0 A6C' 2 Corlecoan/Note
0 A60=0 Injunct Relief
�D A6C0 Declar Pelief
O A6' 73 Late Cie m Relief
0 A600'D Other Crmpll.
(Spec&,
TIME ESTIMATED FOR TRIAL 10 0 HOURS / W DAYS.
GROUND
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The cause of action arose within the
district
or
One or more defendants resides within
the district.
or
Rule 300 allows filing in Central District
(non -torts only)
0 A60'1 Contract Performance in the district is expressly
provided for.
A73C0 Eminent Domain The prcperty is located within the
A6C,C Land'cra7enant district
::3 A6Cc: Real rrzcerty Rights
A6' -'C Admin:,:.ard The administrative tribunal is located
within the district
0 A6'60 Al
`J A61,1 Sister Save Judgment
:D A7221 Asbestcs:s
1 A6' 3- RES L
J A6' ' ' lhl;no's=ontract
C7 A61 =D Elector Contest
J A(,' '
) Name C^ange
LJ A6''�;'
Civ,l -ia =ssment
LA AL' :
i Othe jon
iSpec .
��'Ir.i
J Ac'
hlanca - -s'
.J A= `__
Pioh D' _
J A,=
O!he .,
iSpe- -.
J Ai":'ti T.,yLay.-
The judgment debtor holds proper -,y
within the district
Must be filed in the Central District
One or more of the party liligenls
resides within the district.
The detendant functions wholly within
the d6111,: -
Child i; n+�ld within the District
NATURE OF ACTION
O ASS20 Regular Dissolution
O A5525 Summary Dissolution
I] ASS30 Nullity
ID ASS10 Legal Separation
0 A6135 Foreign Support
0 A6136 Foreign Custody
O A6122 Domestic Violence
O A6130 Family Law Complaint -Other
GROUND
One or more of the party
litigants resides within the
district.
ID A6132 Paternity Child resides or deceased
fathers probate would be
filed in the district.
IJ A6101 Agency Adoption
0 A6102 Independent Adoption
O A6104 Stepparent Adoption
jJ A6103 Adult Adoption
L7 A6106 Sole Custody Petition
J A6105 Abandonment
O A6210 Probate Will -Letters Testamentary
O A6211 Probate Will -Letters Administration
O A6212 Letters of Administration
Cl A6213 Letters of Special Administration
0 A6215 Spousal Property
0 A6216 Succession to Real Property
O A6217 Summary Probate
O A6218 Small Estate (13200 PC)
O A6230 Conservatorship P & E
Cl A6231 Conservatorship Person
Cl A6232 Conservatorship Estate
C_) A6233 Medical Treatment without Consent
CJ A6240 Guardianship P 8 E
CJ A6241 Guardianship Person
U A6242 Guardianship Estate
J A6243 Spouse Lacks Capacity
J A6254 Trust Proceedings
J A6200 Probate Other
(Specify)
J A6260 Comp M nor's Claim
Petitioner resides within
the district.
or
Consent to out-of-state
adoption, consenter
resides within the district.
Decedent resided within
the district
or
Decedent resided out of
I the district, but held
property within the district.
or
Pebboner, conservatee or
ward resides within this
district.
I dr c : i •: un f , ;,
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n�lljy 01 pr•rlwy in 1,'r 0w Llws of the Slate
md corrocl .,rid lh: ,
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DECLARATION OF SERVICE BY MAIL
STATE OF CALIFORNIA, County of Los Angeles
DOROTHY A. DUNSON, states: I am and at all times herein
mentioned have been a citizen of the United States and a resident
of the County of Los Angeles, over the age of eighteen years and
not a party interested in the within action that my business
address is 500 West Temple Street, Los Angeles, California 90012.
That on November 2, 1993 I served the attached CLAIM FOR
INDEMNIFICATION upon interested party, by depositing a copy
thereof, enclosed in a sealed envelope with postage thereon fully
prepaid in a United States mail box in the Los Angeles,
California, addressed as follows:
Clerk of the City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, California 91765
I
and that the person on whom said service was made has his office
at a place where there is a delivery service by United States
mail, and that there is a regular communication by mail between
the place so addressed.
I declare under penalty of perjury that the foregoing is true
land correct.
Los Angeles, California tri
Dated: November 2, 1993 IL4A-J �•
DOROTHY Al. DUNSON
.f
RESOLUTION NO. 93-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 2, 1993,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and
conducted in the City of Diamond Bar, California on Tuesday,
November 2, 1993, as required by law; and
WHEREAS, notice of the election was given in time, form
and manner as provided by law; that voting precincts were
properly established; that election officers were appointed and
that in all respects the election was held and conducted and the
votes were cast, received and canvassed and the returns made and
declared in time, form and manner as required by the provisions
of the Elections Code of the State of California for the holding
of election in general law cities; and
WHEREAS, pursuant to Resolution 93-44 adopted June 15,
1993, the County Registrar -Recorder canvassed the returns of the
election and has certified the results to this City Council, the
results are received, attached and made a part hereof as "Exhibit
A. "
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That the whole number of ballots cast in
the City except absent voter ballots was 8,452.
That the whole number of absent voter
ballots cast in the City was 2,283, making a total of 10,735
ballots cast in the City.
SECTION 2. That the names of persons voted for at
the election for Member of the City Council are as follows:
Nick Anis
Eileen Ansari
Thomas F. Ortiz
John A. Forbing
Clair W. Harmony
Dexter MacBride
James Rowland Roberts
Jim Paul
Jong M. Lee
Bob Chiu
Gary H. Werner
SECTION 3. That the number of votes given at each
precinct and the number of votes given in the City to each of the
persons above named for the respective offices for which the
persons were candidates were as listed in Exhibit "A" attached.
SECTION 4. The City Council does declare and
determine that Clair W. Harmony, Gary H. Werner and Eileen Ansari
were elected as Member of the City Council for the full term of
four years.
SECTION 5. The City Clerk shall enter on the
records of the City Council of the City, a statement of the
result of the election, showing: (1) The whole number of votes
cast in the City; (2) The names of the persons voted for; (3) For
what office each person was voted for; (4) The number of votes
given at each precinct to each person; (5) The total number of
votes given to each person.
SECTION 6. That the City Clerk shall immediately make
and deliver to each of the persons so elected a Certificate of
Election signed by the City Clerk and authenticated; that the
City Clerk shall also administer to each person elected the Oath
of Office prescribed in the Constitution of the State of
California and shall have them subscribe to it and file it in the
office of the City Clerk. Each and all of the persons so elected
shall then be inducted into the respective office to which they
have been elected.
SECTION 7. That the City Clerk shall certify to the
passage and adoption of this resolution and enter it into the
book of original resolutions.
PASSED, APPROVED AND ADOPTED this day of
, 1993.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, does 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: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
ABSTAINED: COUNCILMEN:
LYNDA BURGESS, City Cler
City of Diamond Bar
- COUNTY OF LOS ANGELES
REGISTRAR-RECORDER/COUNTY CLERK
q 12400 IMPERIAL HWY, — P.O. BOX 1024, NORWALK, CALIFORNIA 90651.1024 / (310) 462-2317
BEATRIZ VALDEZ
REGISTRAR-RECORDER/COUNTY CLERK November 22, 1993
Ms. Lynda Burgess, City Clerk
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
Dear Ms. Burgess:
Enclosed is the official Canvass Certificate and the official
Statement of Votes Cast by precinct for the City of Diamond Bar
General Municipal Election held on November 2, 1993.
Please call the Elections Administration Section at (310) 462-2317
if you have any questions.
Enclosure
Cert 93
Very truly yours,
EATRIZ DEZ
Registra ecorder/County Clerk
EXHIBIT "A"
STATE OF CALIFORNIA,
ss.
COUNTY OF LOS ANGELES.
I, BEATRIZ VALDEZ, Registrar-Recorder/County Clerk
of the County of Los Angeles, State of California, do hereby
certify that the attached is a true and correct Canvass of the
Votes Cast for all candidates for the three offices of Member of
the City Council at the DIAMOND BAR CITY GENERAL MUNICIPAL
ELECTION consolidated with the SPECIAL STATEWIDE AND CONSOLIDATED
ELECTIONS held on November 2, 1993.
I further certify that the total Ballots Cast at the
DIAMOND BAR CITY GENERAL MUNICIPAL ELECTION is as follows:
PRECINCT ABSENTEE TOTAL
BALLOTS CAST BALLOTS CAST BALLOTS CAST
8,452 2,283 10,735
I further certify that the total votes cast for the
three offices of Member of the City Council is as follows:
Member of the
PRECINCT
ABSENTEE
TOTAL
City Council
VOTE
VOTE
VOTE
NICK ANIS
2,247
483
2,730
EILEEN ANSARI
2,614
443
3,057
THOMAS F. ORT'IZ
2,020
389
2,409
JOHN A. FORBING
1,808
383
2,191
CLAIR W. HARMONY
2,780
582
3,362
DEXTER MacBRIDE
1,921
402
2,323
JAMES ROWLAND ROBERTS
943
190
1,133
JIM PAUL
2,202
449
2,651
JONG M. LEE
1,090
463
1,553
BOB CHIU
1,570
804
2,374
GARY H. WERNER
2,675
545
3,220
(Continued on next page)
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal :.his 22nd day of November, 1-993.
•
VA �./
EATRIZ Z
Registrar-Recorder/County Clerk
County of Los Angeles
C'7LNTv OF -OS ANGELES I SPECIAL STATEWIDE AAD CONSOLIDATED ELECT: NIS NOVEMBER 2, 1993 29
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305 i 2191 12321 2651 237
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CITU Or DIA_M01(iD I1.LD
AGENDA REPORT AGENDA NO. 3.2_
TO: Terrence L. Belanger, City Manager
MEETING DATE: December 7, 1993 REPORT DATE: December 2, 1993
FROM: George A. Wentz, Interim City Engineer
TITLE: Memorandum of Understanding for the Grand Avenue Traffic Signal Synchronization/Arterial
Improvements Project
SUMMARY: The Los Angeles County Metropolitan Transportation Authority (MTA) approved the funding
for the City's Grand Avenue Traffic Signal Synchronization/Arterial Improvements Project at its meeting of
June 30, 1993. This approval resulted from the FY 1993-94 Multi -Year Call for Projects initiated in January
1993. The work will include traffic data collection, generation/implementation of timing plans, development
of plans, specifications and estimate (PS & E) for the synchronization of nine traffic signals along Grand
Avenue (from State Route 57 to the easterly City limits) and intersection modifications at Grand
Avenue/Diamond Bar Boulevard and Grand Avenue/Golden Springs Drive. The attached Memorandum of
Understanding (M.O.U.) has been prepared in conjunction with MTA.
RECOMMENDATION: That the City Council approve the M.O.U. and authorize the Mayor to execute the
M.O.0 for the Grand Avenue Traffic Signal Synchronization/Arterial Improvements Project.
LIST OF ATTACHMENTS:X Staff Report _ Public Hearing Notification
_ Resolution(s) Bid Specifications (on file in City Clerk's office)
_ Ordinances(s) X Other: M.O.U.
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
Ten nce L. Beler
City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 7, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Memorandum of Understanding for the Grand Avenue Traffic
Signal Synchronization/Arterial Improvements Project
ISSUE STATEMENT
Approval of the Memorandum of Understanding to commence work on the Grand
Avenue Traffic Signal Synchronization/Arterial Improvements Project.
RECOMMENDATION:
That the City Council approve the M.O.U. and authorize the Mayor to execute
the M.O.0 for the Grand Avenue Traffic Signal Synchronization/Arterial
Improvements Project.
FINANCIAL SUMMARY:
The total project budget is $430,000, $280,000 will be funded by Proposition
C Funds with our local match of $150,000 Gas Tax Subvention Funds.
BACKGROUND/DISCUSSION:
The Los Angeles County Metropolitan Transportation Authority (MTA) is
responsible for administering a number of different federal, state, and
locally enacted transportation programs to improve mobility, reduce
congestion, and to assist in the improvement of air quality. These programs
are funded through a variety of funding sources. For example, local
Proposition C Funds, Federal Intermodal Surface Transportation Efficiency Act
(ISTEA) funds, and various State funding sources.
The MTA issued a Multi -Year Call For Projects on January 29, 1993. A unified
application process was developed to allow applicants to apply for specific
projects without regard to funding source. This approach focused on project
merit and did not require the project applicant to apply for several
different funding sources for the same project.
The City of Diamond Bar submitted the Grand Avenue Traffic Signal
Synchronization/Arterial Improvements Project. The work will include traffic
data collection, generation/ implementation of timing plans, development of
plans, specifications and estimate (PS & E) for the synchronization of nine
(9) traffic signals along Grand Avenue (from State Route 57 to the easterly
City limits) and intersection modifications of Grand Avenue/Diamond Bar
Boulevard and Grand Avenue/Golden Springs Drive. The objectives are to
optimize traffic circulation and improve the overall timing patterns and the
1
Memorandum of Understanding
December 7, 1993
Page Two
level of service of Grand Avenue. This project will result in a significant
improvement in traffic flows and lead to a measurable reduction in air
pollutant emissions from idling vehicles.
At its meeting of June 30, 1993, the MTA approved funding for our project as
part of a $802.80 million program of projects for Fiscal Year 1993-94 through
1996-97. Funding was identified for each of the four years of the Call for
Projects, and the MTA will allocate and approve funds on an annual basis
through the recertification process.
Prior to December 31, 1993, all project sponsors are required to execute the
attached M.O.U. with the MTA. The standard MTA Call for Projects M.O.U. has
been prepared for our use. The M.O.U. addresses financial, schedule, and
scope of work issues relating to the Grand Avenue Traffic Signal
Synchronization/Arterial Improvements Project.
PREPARED BY:
David G. Liu
2
DRAFT
MOU #
PROPOSITION C
TRANSIT RELATED STREET/STATE HIGHWAY IMPROVEMENTS(PROP. C 251%)
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made and entered into by and between the
Los Angeles County Metropolitan Transportation Authority ("MTA") and the City of
Diamond Bar ("Grantee").
WHEREAS, as part of the FY 1993-94 Multi -Year Call for Projects, the MTA, at its June,
30, 1993 meeting, authorized a grant to Grantee, subject to the terms and conditions
contained in this MOU.
NOW, THEREFORE, the parties hereby agree as follows:
The terms and conditions of this MOU consist of the following and each is incorporated
by reference herein as if fully set forth herein:
1. Part I - Specific Terms of the MOU
2. Part II - General Terms of the MOU
3. Attachment A - the Project Budget
4. Attachment B - the Cash Flow Plan
5. Attachment C - the Scope of Work
6. Attachment D - Special Grant Conditions
7. Any other attachments or documents referenced in the above documents
In the event of a conflict, the Specific Terms of the MOU shall prevail over the General
Terms of the MOU.
1
MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of
Understanding (MOU)
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized representatives as of the dates indicated below:
MTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
By:
FRANKLIN E. WHITE Date
Chief Executive Officer
APPROVED AS TO FORM:
Dewitt W. Clinton
County Counsel
By:
Deputy
GRANTEE:
CITY OF DIAMOND BAR
By:
Date
GARY G. MILLER Date
Mayor
APPROVED AS TO FORM
By:
ANDREW V. ARCZYNSKI Date
City Attorney
PA
MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of
Understanding (MOU)
PART I
SPECIFIC TERMS OF THE MOU
1. Title of the Project (the "Project"): Grand Avenue Traffic Signal Synchronization/
Arterial Improvements Project.
2. To the extent the Funds (the "Funds") are available, MTA shall make to Grantee a
one time grant of the Funds in the amount of: Two Hundred Eighty Thousand
Dollars ($280,000). MTA Board action of June 30, 1993 programmed funds to
Grantee for the Project for one year, Fiscal Year (FY) 1993-94. However, Funds
are approved for FY 1993-94 only. MTA Board action will be required annually to
approve Funds for each subsequent Fiscal Year prior to those Funds being allocated
to Grantee.
3. This one time grant shall be prorated over a twelve (12) month period, beginning in
the month that costs are incurred as specified in the Plan, as defined herein, for
each Fiscal Year for which funds are approved (as specified in Part I, Section 2 of
this MOU). MTA shall withhold, as retainage, ten percent (10%) of the total grant
amount until MTA review and approval of annual audit results (as specified in Part
I1, Section 4.3 of this MOU). MTA shall release retainage to Grantee, on an annual
basis, upon MTA approval of annual audit results. All disbursements of Funds shall
be considered an estimate subject to adjustment based on Quarterly Cost
Certification reports (as specified in Part II, Section 4.1 of this MOU) and MTA
audit results.
4. Reports and Certifications to be submitted to MTA by Grantee (check below):
Transit Performance Measurement Report
Financial Capacity Certification demonstrating current and future financial
capacity to sustain all new operating costs
Certification of Coordination with other affected Transit Operators to avoid
potential service duplication
Compliance with FTA Section 15 reporting requirements
X Annual Project evaluation and financial review report (due: June 30,1994 )
X Quarterly narrative update on Project progress
Other:
5. Project Budget (the "Project Budget") for the sources of funds programmed for the
Project is attached to this MOU as Attachment A.
3
MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of
Understanding (MOU)
6. Cash Flow Plan (the "Plan") for the Project is attached to this MOU as Attachment
B.
7. Scope of Work (the "Scope of Work") for the Project is attached to this MOU as
Attachment C.
8. Special Grant Conditions for the Project, if any, are attached to this MOU as
Attachment D.
9. No material changes, as determined by the MTA at its sole discretion, to the Project
Budget, the Plan, or the Scope of Work shall be funded or allowed without the prior
written consent of the MTA Chief Executive Officer or his designee.
10. MTA's Address:
Los Angeles County Metropolitan Transportation Authority
818 West Seventh Street, Suite 300
Los Angeles, CA. 90017
Attention: Mr. Benkin .Tong, San Gabriel Valley Area Team
11. Grantee's Address:
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
Attention: Mr. David Liu, Public Works
4
MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOLT)
PART H
GENERAL TERMS OF THE MOU
1. TERM. The term of this MOU shall commence on June 30, 1993 and, subject to Part
II, Section 7, shall terminate upon Project Completion. For purposes of this MOU, Project
Completion is defined as the time at which the agreed upon Scope of Work has been completed,
all MTA audit and reporting requirements have been satisfied, and the final disbursement of the
Funds has been made to the Grantee.
2. INVOICE BY GRANTEE. Unless otherwise stated in this MOU, the Quarterly Cost
Certification reports and the annual Project Status report, as described in Part II, Sections 4.1
and 4.2 of this MOU, shall satisfy MTA invoicing requirements.
3. USE OF FUNDS.
3.1 The Grantee shall utilize the Funds in accordance with the most recently
adopted MTA Proposition C Guidelines (the "Guidelines") and as specified in the Scope of
Work.
3.2 Attachment C shall constitute the agreed upon Scope of Work between
MTA and the Grantee for the Project. The Funds, as granted under this MOU, can only be used
towards the completion of this Scope of Work.
3.3 Grantee shall not use the Funds to substitutefor any other funds or projects
not specified in this MOU.
4. REPORTING AND AUDIT REOUMEMEENTS/PAYMENT ADJUSTMENTS.
4.1 Grantee shall submit Quarterly Cost Certification reports on the last day
of the months of October, January, April, and July. Should Grantee fail to submit such reports
within 10 days of the due date, MTA may withhold, at its sole discretion, the Funds from
Grantee. MTA will reconcile Quarterly Cost Certification reports to Funds disbursements on
a quarterly basis. All disbursements shall be considered an estimate subject to adjustment based
on this reconciliation. Future disbursement of Funds may be reduced and/or delayed if actual
Project costs, as provided in the Quarterly Cost Certification reports, are significantly less than
Fund disbursements.
4.2 Grantee shall submit an annual Project Status report one month after the
end of each funded Fiscal Year. Should Grantee fail to submit such report within 10 days of
the date, MTA may withhold, at its sole discretion, the Funds from Grantee.
5
MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOLT)
4.3 MTA, and/or its designee, shall have the right to conduct a financial and
compliance audit(s) of the Project. Grantee agrees to establish and maintain proper accounting
procedures and cash management records and documents in accordance with generally accepted
accounting principles. The Grantee shall reimburse MTA for any expenditures not in
compliance with the Scope of Work and/or not in compliance with other terms and conditions
as defined by this MOU and the Guidelines.
5. ONE TDAE GRANT. This is a one time only grant subject to the terms and conditions
agreed to herein and in the Guidelines. This grant does not imply nor obligate any future
funding commitment on the part of MTA.
6. SOURCES AND DISPOSITION OF FUNDS.
6.1 Grantee shall be responsible for any and all cost overruns for the Project.
6.2 Grantee shall be eligible for the Funds up to the grant amount specified
in Part I, Section 2 of this MOU subject to the terms and conditions contained herein and in the
Guidelines. Any underruns to the Project Budget shall be apportioned between MTA and the
Grantee in the same proportion as the Sources of Funds from each party to this MOU as
specified in Attachment A to this MOU.
6.3 Grantee, within 60 days of completion of the Project described in the
Scope of Work, shall return to MTA any unused disbursements of the Funds previously
transferred to the Grantee provided that, to the extent such unused funds represent underruns to
the Project Budget, such funds shall be apportioned between MTA and Grantee in the manner
specified in Part H, Section 6.2 of this MOU.
7. PROTECT RECERTIFICATION / LAPSING OF FUNDS
(APPROVAL OF SECTION 7 OF THIS MOU IS PENDING MTA BOARD APPROVAL; MTA
BOARD ACTION IS ANTICIPATED IN OCTOBER, 1993)
7.1 A MOU must be executed between MTA and Grantee within the first six
(6) months of the first Fiscal Year in which Funds are programmed for the Project.
7.2 Grantee must demonstrate timely use of Funds through the submittal of
Quarterly Cost Certification reports as described in Part H, Section 4.1 of this MOU.
7.3 Projects for which the timely use of Funds is not demonstrated through the
Quarterly Cost Certification reports will be reevaluated, by MTA as part of its annual Call for
Projects Recertification process, for reprogramming to subsequent Fiscal Years.
0
MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU)
7.4 MTA Board action will be taken on the Call for Projects Recertification
prior to July 1 of each Fiscal Year.
7.5 Grantee shall expend the FY 1993-94 Funds granted under this MOU by
June 30, 1996, three (3) years from the date of approval., unless otherwise stated in this MOU.
At the end of the three (3) year period, Grantee shall return any funds not expended to MTA
by July 31, 1996.
8. DEFAULT. A Default under this MOU is defined as any one or more of the following:
(i) Grantee fails to comply with the terms and conditions contained herein or in the Guidelines;
or (ii) Grantee makes a material change, as determined by MTA at its sole discretion, to the
Plan, the Scope of Work, or the Project Budget without MTA's prior written consent or
approval as provided herein.
9. REMEDIES.
9.1 In the event of a Default by Grantee, MTA shall provide written notice of
such Default to Grantee with a 30 -day period to cure the Default. In the event Grantee fails to
cure the Default, or commit to cure the Default and commence the same within such 30 day
period to the satisfaction of MTA, MTA shall have the following remedies: (i) MTA may
terminate this MOU; (ii) MTA may make no further disbursements of Funds to the Grantee;
and/or (iii) MTA may recover from Grantee any Funds disbursed to Grantee prior to and after
the Default.
9.2 Effective upon receipt of written notice of termination from MTA, Grantee
shall not undertake any new work or obligation with respect to this MOU unless so directed by
MTA in writing.
9.3 The remedies described herein are non-exclusive. MTA shall have the
right to enforce any and all rights and remedies herein or which may be now or hereafter
available at law or in equity.
10. OTHER TERMS AND CONDITIONS.
10.1 This MOU, along with the Guidelines, constitutes the entire understanding
between the parties, with respect to the subject matter herein. The MOU shall not be amended,
nor any provisions or breach hereof waived, except in writing signed by the parties. Adoption
of revisions or supplements to the Guidelines by MTA shall cause such revisions or supplements
to become incorporated automatically into this MOU as though fully set forth herein.
11
MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU)
10.2 In the event that there is any legal proceeding between the parties to
enforce or interpret this MOU, or the Guidelines, to protect or establish any rights or remedies
hereunder, the prevailing parry shall be entitled to its costs and expenses, including reasonable
attorneys' fees.
10.3 Grantee shall retain all original records and documents related to the work
herein for a period of three (3) years after Project Completion.
10.4 Neither MTA nor any officer or employee thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be done by Grantee
under or in connection with any work, authority, or jurisdiction delegated to Grantee under this
MOU or the Guidelines. It is also understood and agreed that Grantee shall fully indemnify and
hold MTA harmless from any liability imposed for injury occurring by reason of anything done
or omitted to be done by Grantee under or in connection with any work, authority, or
jurisdiction delegated to Grantee under this MOU or the Guidelines.
10.5 Neither party hereto shall be considered in default in the performance of
its obligation hereunder to the extent that the performance of any such obligation is prevented
or delayed by unforeseen causes including acts of God, acts of a public enemy, and government
acts beyond the control and without fault or negligence of the affected party. Each party hereto
shall give notice promptly to the other of the nature and extent of any such circumstances
claimed to delay, hinder, or prevent performance of any obligations under this MOU or the
Guidelines.
10.6 Grantee shall comply with and insure that work performed under this MOU
is done in compliance with all applicable provisions of federal, state, and local laws, statutes,
ordinances, rules, regulations, and procedural requirements and the applicable requirements and
regulations of the MTA. Grantee acknowledges responsibility for obtaining copies of and
complying with the terms of the most recent federal, state, or local laws and regulations and
MTA requirements including any amendments thereto. The terms of such federal, state, or local
laws and regulations and MTA requirements are applicable to this MOU to the maximum extent
feasible, unless otherwise provided for in writing by the MTA.
10.7 Grantee agrees that the requirements of this MOU and the Guidelines shall
be included, as applicable, in every subcontract entered into by Grantee or its contractors
relating to work performed under this MOU.
10.8 Grantee shall not assign this MOU, or any part thereof, without written
consent and prior approval of the MTA Chief Executive Officer or his designee, and any
assignment without said consent shall be void and unenforceable.
0
MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU)
10.9 This MOU shall be governed by California law. If any provision of this
MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force without being impaired or
invalidated in any way.
10.10 The covenants and agreements of this MOU shall inure to the benefit of,
and shall be binding upon, each of the parties and their respective successors and assigns.
10.11 Grantee agrees that all literature, advertisements, brochures, video, radio,
and public service announcements, construction site signs, and all other materials relating to the
Project and/or distributed to the public will contain recognition of the MTA's contribution as
well as the approved METRO logo. Grantee agrees to display the METRO logo on its buses,
shuttle buses, vans, and taxis utilized for services provided under the Project. The METRO logo
is a copyrighted symbol which shall be reproduced and displayed in accordance with specific
graphic guidelines available from the MTA Graphics Department at the address in Part I, Section
10 of this MOU. Grantee agrees to follow directions of the MTA Marketing -Department to
comply with this Section of the MOU.
10.12 Grantee agrees to seek State / Local Transportation Partnership Program
funds (SLTPP) from the State of California for the Project. SLTPP funds received by the
Grantee for the Project shall be apportioned between the Grantee and MTA in the manner
specified in Part H, Section 6.2 of this MOU.
10.13 Notice will be given to the parties at the address specified in Part I,
Sections 10 and 11 unless otherwise notified in writing of change of address.
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FY 1993-94 Multi—Year Call For Projects
Memorandum Of Understanding (MOU)
ATTACHMENT B
PROPOSITION C
PROJECT CASH FLOW PLAN
AGENCY NAME: City of Diamond Bar
PROJECT NAME: Grand Ave. Traffic Signal Synchronization/Arterial Improvements Project
FUNDING SOURCES:
PROPOSITION C $ 280,000.00
OTHER LOCAL FUNDS 150,000.00
PROJECTED MONTHLY CASH FLOW REQUIREMENTS:
FY 93-94
Month:
July $
August
September
October
November
December
January
February
-0-
-0-
-0-
-0-
20,150.00
26,000.00
March 20,000.00
April 15,000.00
May 10,000.00
June 10,0.00.00
Fiscal Year Total $101,150.00
(1)
FY 94-95
Month:
July $ 13,500.00
August 27,950.00
September
30,000.00
October
45,000.00
November
20,000.00
December
20,000.00
January
22,400.00
February
March
April
May
June
$178,850.00
(2)
CASH FLOW REQUIREMENTS FOR FIRST TWO FISCAL YEARS (1)+(2) $280,000.00
Note:
Although the MTA Board action of June 30, 1993 may have programmed funds on a multi—year
basis, funds are approved for the FY 1993-94 only. MTA Board action will be required annually to
approve funds for each subsequent fiscal year prior to those funds being allocated to the grantee.
ATTACHMENT C
PROPOSITION C 25% FUNDS MOU
LOCAL TRANSPORTATION SYSTEMS MANAGEMENT CATEGORY
SECTION E SCOPE OF WORK
PROJECT DESCRIPTION
This regional arterial connecting Los Angeles and San Bernardino County is to be
synchronized using radio corrected time based technology (WWV) at nine (9) intersections.
Work will include intersection modifications (intersection channelization in the form of
widenings to dual left -turn lanes on Grand at Grand Avenue/Diamond Bar Boulevard and
Grand Avenue/Golden Springs Drive and restriping to create three through lanes each
direction, detector modifications and signal equipment replacement at both intersections).
Other work to include traffic data collection, generation and implementation of timing plans,
development of Plans, Specifications and Estimate (PS & E) for the WWV and the
intersection construction and Construction Engineering.
PROJECT LOCATION
The attached map delineates the project limits (approximately two miles) along Grand Avenue
from State Route 57 to the East City Limits.
PROJECT BUDGET
Source of Funds:
Proposition C 25% $280,000
Local Gas Tax Subvention Funds $150,000
Total $430,000
Use of Funds:
Engineering Design (PS & E) $ 33,000
Construction $315,000
Construction Engineering $ 52,000
Administration $ 15,000
Traffic Data and Timing Plans 15,000
Total $430,000
PROJECT OBJECTIVES
The project objectives are to optimize traffic circulation, improve the level of service at two
intersections, and reduce travel time delays, with the overall effect of reducing fuel usage and
vehicle air pollutant emissions for vehicles traveling along the corridor.
PROJECT MILESTONES
Begin Project Design
Begin Traffic Studies
City Council PS & E Approval
Bid Opening
Contract Award
"Before" Studies
Begin Construction
Complete Construction
Implement Timing Plans
Complete Traffic Studies
"After" Studies
STANDARDS AND PRACTICES
January 1994
January 1994
May 1994
June 1994
June 1994
June 1994
July 1994
October 1994
November 1994
December 1994
January - February 1995
The City will ensure the Project is designed in accordance with applicable City, Los Angeles
County Department of Public Works and Caltrans Standards.
SPECIAL CONDITIONS
None required by MTA.
SECTION H: LINE ITEM BUDGET
Design
$ 33,000
Traffic Studies & Timing Plan Devel.
15,000
Construction Engineering
52,000
Synchronization Equipment
30,000
Administration
15,000
Grand/Golden Springs Construction
95,000
Grand/Diamond Bar Construction
190.000
Start of Construction
$430,000
SECTION III: SCHEDULE OF DELIVERABLES
Locations and Types of Improvements January 1994
PS & E May 1994
Timing Plans November 1994
Traffic Studies Report March 1995
Field Review April 1995
0
CITv Or DIAMOND BAR
AGENDA REPORT
AGENDA NO.,
TO: Terrence L. Belanger, City Manager
MEETING DATE: December 7, 1993 REPORT DATE: December 2, 1993
FROM: George A. Wentz, Interim City Engineer
TITLE: Grand Avenue Guardrail Landscape Improvements
SUMMARY: On June 1, 1993, the City Council directed staff to prepare the plans and specifications for the
Grand Avenue guardrail landscape improvements along the northerly side of Grand Avenue easterly of Rolling
Knoll Road. At this time, the plans and specifications have been prepared.
RECOMMENDATION: It is recommended that the City Council adopt Resolution 93- to approve the plans
and specifications for the Grand Avenue Guardrail Landscape Improvements Project.
LIST OF ATTACHMENTS:X Staff Report
2L Resolution(s)
_ Ordinances(s)
_ Agreement(s)
_ Public Hearing Notification
X Bid Specifications (on file in City Clerk's office)
2L Other: Landscape Alternatives
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
Yes X No
4. Has the report been reviewed by a Commission?
_
Yes X No
Which Commission?
_
5. Are other departments affected by the report?
X Yes No
_
Report discussed with the following affected departments:
Community Services
REVIEWED BY:
Z
T rrence L. Be er ;ftL George A. Wentz
City Manager Interim City Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: December 7, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Grand Avenue Guardrail Landscape Improvements
ISSUE STATEMENT
This report requests the City Council's approval and authorization to
advertise the Grand Avenue Guardrail Landscape Improvements Project for bids.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution 93 -XX to approve the
plans and specifications of the Grand Avenue Guardrail Landscape Improvements
and authorize the City Clerk to advertise the project for bids.
FINANCIAL SUMMARY:
The engineer's estimate is $26,000.00. This project can be funded either
with Landscape Assessment District #38 funds or Gas Tax Funds.
BACKGROUND/DISCUSSION:
On June 1, 1993, the City Council reviewed two (2) alternatives for the
landscape concept along the metal beam guard railing on the northerly side of
Grand Avenue. The objective is to mitigate the visual effect of the
guardrails. As shown on the attached drawings, Alternative 1 (approved by
the Council), is one which involves minimal enhancement. The parkway area
will be treated with low growing plantings (2' high max.) underneath the
guardrails and reinforced with new shrubs in voids between existing hedgerow
plantings. Alternative II is one which introduces a new planting scheme by
treating the parkway area with low growing plantings underneath the
guardrails and new shrubs planted in a natural meandering pattern with new
trees between existing gaps of tree massings.
At this time, staff has prepared the plans and specifications consistent with
the Alternative I concept. The work to be performed consists of landscaping
and irrigation improvements along the northerly parkway area of Grand Avenue.
Key aspects of requirements placed upon the contractor includes:
• Plan and schedule to be submitted at least 14 days before beginning of
work.
• Traffic control.
• Notification to affected utilities.
• Completion of all work within 45 calendar days.
• Liquidated damages of $250/day for non-performance.
1
Grand Avenue Guardrail
December 7, 1993
Page Two
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
December 7,
1993
for approval and authorize City Clerk to
advertise for bids
Bid opening
January
5,
1994
Award of Contract
January
17,
1994
Notice to Proceed
January
28,
1994
Start of Construction
January
31,
1994
Completion of Construction March 16, 1994
PREPARED BY:
David G. Liu
�A
RESOLUTION NO. 93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF LANDSCAPE
IMPROVEMENTS ON GRAND AVENUE 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 construct
certain improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and specifications
for the construction of certain improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION I. That the plans and specifications presented to the City of
Diamond Bar be and are hereby approved as the plans and specifications for
The Construction of Landscape Improvements on Grand Avenue.
SECTION 2. 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 works and
figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City of Diamond
Bar, Los Angeles County, California, directing this notice, NOTICE IS
HEREBY GIVEN that the said City of Diamond Bar will receive at the office
of the City Clerk in the City Hall of Diamond Bar, on or before the hour of
10:00 o'clock A.M. on January 5, 1994, sealed bids or proposals for the
Construction of Landscape Improvements on Grand Avenue in said City.
Bids will be opened and publicly read immediately in the office of the
City Clerk, Suite 100, 21660 E. 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- 11 Grand Avenue Guardrail
Landscape Improvements."
PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1,
Articles 1 and 2, the Contractor is required to pay not less than the
general prevailing rate of per diem wages for work of a similar character
in the locality in which the public work is performed, and not less than
the general prevailing rate of per diem wages for holiday and overtime
work. In that regard, the Director of the Department of Industrial
1
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 of
request. The Contracting Agency also shall cause a copy of such
determinations to be posted at the job site.
Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as
penalty to the City of Diamond Bar, not more than fifty ($50.00) for each
laborer, workman, or mechanic employed for each calendar day or portion
thereof, if such laborer, workman, or.mechanic is paid less than the
general prevailing rate of wages hereinbefore stipulated for any work done
under the attached contract, by him or by any subcontractor under him, in
violation of the provisions of said Labor Code.
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 of 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 appren-
ticeship 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.
2
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 contribu-
tions.
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 standard, 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 of Diamond Bar,
twenty-five ($25.00) for each laborer, workman, or mechanic employed in the
execution of the contract, by him or any subcontractor under him, upon any
of the work hereinbefore mentioned, for each calendar day during which said
laborer, workman, or mechanic is required or permitted to labor more than
eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman
needed to execute the work required by this Contract as such travel and
subsistence payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
The bidder must submit with his proposal cash, cashier's check,
certified check, or bidder's bond, payable to the City of Diamond Bar for
an amount equal to at least 10 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, or 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.
3
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, 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 a licensed
as a Class A and/or C-27 Contractor at the 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 $25.00, said $25.00 is non-refundable.
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 non -reimbursable 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 of Diamond Bar.
In accordance with the requirements of Section 9-3 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, California, reserves the right to reject any
and all bids.
The Engineer's Estimate is: $22,000
By order of the City Council of the City of Diamond Bar, California.
By order of the City Council of the City of Diamond Bar.
Dated this day of , 1993.
1993. PASSED, APPROVED AND ADOPTED day of 01
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, approved
and adopted at a regular meeting of the City Council of the City of
Diamond Bar held on day of 1993, by the
following Roll Call vote:
AYES:
COUNCILMEMBERS -
NOES:
COUNCILMEMBERS -
ABSENT:
COUNCILMEMBERS -
ABSTAINED:
COUNCILMEMBERS -
LYNDA BURGESS, City Clerk
City of Diamond Bar
11
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21660 EAST COPLEY DRIVE - SUITE 100
DIAMOND BAR, CA 917654177
909-860-2489 - FAX 909-861-3117
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November 18, 1993
The Honorable Paul V. Horcher
Assemblyman, State of California
325 N. Azusa Avenue
West Covina, CA 91791
Dear Assemblyman Horcher:
This is to confirm your participation in the swearing-
in of office ceremony for newly elected City Council
members Clair Harmony and Eileen Ansari, and re-elected
Councilman Gary Werner. The event is scheduled for the
City Council meeting on December 7, 1993, at 6:00 p.m.,
at the Air Quality Management District auditorium,
21865 E. Copley Drive, Diamond Bar. A small reception
will follow the ceremony.
Thank you for your willingness to participate in this
most significant event.
Sincerely,
Lynda Burgess, CMC/AAE
City Clerk
LB:nw
cc: City Council
City Manager
GARY G. MILLER PHYLLIS E. PAPEN JOHN A. FORBING
Mayor Mayor Pro Tan couoca mmher
RECYCLED PAPER
DEXTER D. MacBRIDE GARY H. WERNER
Coup Camcibnanber
City of Diamond Bar Tuesday: November 23, 1993
Meeting Agenda For Page: 1
PRIVATE December 7, 1993
1. CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR MILLER
INVOCATION:
f
ROLL CALL: COUNCILMEN MACBRIDE, FORBING, WERNER, MAYOR PRO TEM
PAPEN, MAYOR MILLER
2. CONSENT CALENDAR:
2.1 APPROVAL OF MINUTES:
2.1.1 REGULAR MEETING OF NOVEMBER 2, 1993 - APPROVE AS
submitted.
2.1.2 REGULAR MEETING OF NOVEMBER 16, 1993 - APPROVE AS
submitted.
2.2 WARRANT REGISTER - APPROVE WARRANT REGISTER DATED DECEMBER 7,
1993 in the amount of
2.3 TREASURER'S REPORT - MONTH OF OCTOBER, 1993 - RECEIVE & FILE
2.4 CLAIM FOR DAMAGES - CLAIM FOR INDEMNIFICATION FILED BY L.A.
County November 3, 1993.
Recommended Action: Reject request and refer matter for
further action to Carl Warren & Co., the City's Risk Manager.
2.5 BOND EXONERATIONS ;
2.5.1 GRADING SURETY BOND POSTED FOR 2500 CROWFOOT IN. IN THE
"COUNTRY" -the City desires to exonerate the surety
bond posted for grading in the amount of $28,000.
Recommended Action: Approve and accept completed work
and exonerate the bond posted.
2.5.2 GRADING CASH BOND POSTED FOR 23970 RIDGELINE RD. -
The City desires to exonerate the cash bond posted for
grading of a tennis court in the amount of $1,728.
Recommended Action: Approve and accept work completed
and exonerate the cash bond posted in the amount of
$1,728.
2.6 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 1993,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY
LAW.
Recommended Action: Adopt Resolution No. 93 -XX declaring the
City of Diamond Bar Tuesday: November 23, 1993
Meeting Agenda For Page: 2
PRIVATE December 7, 1993
2.6 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
results of the General Municipal Election held on November 2,
1993
3. SWEARING IN CEREMONIES:
3.1 PRESENTATIONS TO COUNCILMEN JOHN FORBING AND DEXTER MACBRIDE
3.0 SWEARING-IN OF COUNCILMEMBERS-ELECT - EILEEN R. ANSARI, CLAIR W.
HARMONY and GARY H. WERNER - officated by Assemblyman Paul V.
Horcher.
3., REORGANIZATION OF CITY COUNCIL:
3.V.1 LECTION OF MAYOR
3.1.2 SELECTION OF MAYOR PRO TEM
3.X PRESENTATION TO MAYOR GARY G. MILLER
RECESS: RECEPTION
RECONVENE:
4. PUBLIC COMMENTS:
5. COUNCIL COMMENTS:
6. SCHEDULE OF FUTURE EVENTS:
6.X TRAFFIC & TRANSPORATION COMMISSION - DECEMBER 1993 - 6:30 P.
AQMD Hearing Room, 21865 E. Copley Dr.
6j PLANNING COMMISSION - DECEMBER 13, 1993 - 7:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
6.44 CITY COUNCIL MEETING - DECEMBER 21, 1993 - 6:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
7. OLD BUSINESS:
7.1 ECONOMIC DEVELOPMENT:
Recommended Action:
8. NEW BUSINESS:
8.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR
GUARD RAIL LANDSCAPING ON GRAND AVE... -
Recommended Action:
City of Diamond Bar
Meeting Agenda For
PRIVATE December 7, 1993
8.2 CONTRACT FOR BUILDING SERVICES:
Recommended Action:
45
9. ANNOUNO'MENTS:
Tuesday: November 23, 1993
Page: 3
10. CLOSED SESSION:
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
inspections.
11. ADJOURNMENT:
City of Diamond Bar
Meeting Agenda For
PRIVATE December 7, 1993
1. CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR MILLER
INVOCATION:
Friday: November 19, 1993
Page: 1
ROLL CALL: COUNCILMEN MACBRIDE, FORBING, WERNER, MAYOR PRO TEM
PAPEN, MAYOR MILLER
,C v PUBLIC COMMENTS:
44
3.
COUNCIL COMMENTS:
,R/�✓_ 0 SCHEDULE OF FUTURE EVENTS:
4.1 TRAFFIC & TRANSPORATION COMMISSION - DECEMBER 18, 1993 - 6:30 P.
AQMD Hearing Room, 21865 E. Copley Dr.
4.2 PLANNING COMMISSION - DECEMBER 13, 1993 - 7:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
4.3 CITY COUNCIL MEETING - DECEMBER 21, 1993 - 6:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
gL. CONSENT CALENDAR:
2.1 APPROVAL OF MINUTES:
5.1.1 REGULAR MEETING OF NOVEMBER 2, 1993 - APPROVE AS
submitted.
5.1.2 REGULAR MEETING OF NOVEMBER 16, 1993 - APPROVE AS
submitted.
A.2 WARRANT REGISTER - APPROVE WARRANT REGISTER DATED DECEMBER 7,
1993 in the amount of
;t.3 TREASURER'S REPORT - MONTH OF OCTOBER, 1993 - RECEIVE & FILE
#,.4 CLAIM FOR DAMAGES - CLAIM FOR INDEMNIFICATION FILED BY L.A.
County November 3, 1993.
Recommended Action: Reject request and refer matter for
further action to Carl Warren & Co., the City's Risk Manager.
aL.5 BOND EXONERATION:
5.5.1 GRADING SURETY BOND POSTED FOR 2500 CROWFOOT LN. IN THE
"COUNTRY" the City desires to exonerate the surety
bond posted for grading in the amount of $28,000.
Recommended Action: Approve and accept completed work
and exonerate the bond posted.
City of Diamond Bar Friday: November 19, 1993
Meeting Agenda For Page: 2
PRIVATE December 7, 1993
A.5.2 GRADING CASH BOND POSTED FOR 23970 RIDGELINE RD. -
The City desires to exonerate the cash bond posted for
grading of a tennis court in the amount of $1,728.
Recommended Action: Approve and accept work completed
and exonerate the cash bond posted in the amount of
$1,728.
9,.6 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 1993,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY
LAW.
Recommended Action: Adopt Resolution No. 93 -XX declaring the
results of the General Municipal Election held on November 2,
1993.
3. SWEARING IN CEREMONIES:
3.1 PRESENTATIONS TO COUNCILMEN JOHN FORBING AND DEXTER MACBRIDE
9.2 SWEARING-IN OF COUNCILMEMBERS-ELECT - EILEEN R. ANSARI, CLAIR W.
HARMONY and GARY H. WERNER - officated by Assemblyman Paul V.
Horcher.
3.3 REORGANIZATION OF CITY COUNCIL:
6.3.1 SLECTION OF MAYOR
6.3.2 SELECTION OF MAYOR PRO TEM
3.4 PRESENTATION TO MAYOR GARY G. MILLER
RECESS: RECEPTION X75
RECONVENE: -4•
- 5c4wva
ypvN o� �V�
7. OLD BUSINESS:
�ufuR�
_ar 7.1 ECONOMIC DEVELOPMENT:
Recommended Action:
8. NEW BUSINESS:
8.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR
GUARD RAIL LANDSCAPING ON GRAND AVE... -
Recommended Action:
8.2 CONTRACT FOR BUILDING SERVICES:
City of Diamond Bar
Meeting Agenda For
PRIVATE December 7, 1993
8.2 CONTRACT FOR BUILDING SERVICES:
Recommended Action:
9. ANNOUNCMENTS:
Friday: November 19, 1993
Page: 3
10. CLOSED SESSION:
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
inspections.
11. ADJOURNMENT:
City of Diamond Bar
Meeting Agenda For
PRIVATE December 7, 1993
1. CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR MILLER
AFr
Tuesday: November 30, 1993
Page: 1
INVOCATION: PASTOR ROBERT CLAYTON, DIAMOND BAR WORSHIP Ci�,NTER
and others....
ROLL CALL: COUNCILMEN MACBRIDE, FORBING, WERNER, MAYOR PRO TEM
PAPEN, MAYOR MILLER
2. CONSENT CALENDAR:
2.1 APPROVAL OF MINUTES:
2.1.1 REGULAR MEETING OF NOVEMBER 2, 1993 - APPROVE AS
submitted.
2.1.2 REGULAR MEETING OF NOVEMBER 16, 1993 - APPROVE AS
submitted. o�
;4,1WARRANT EGI APPROVE WR' DATED DECEMBER 7,
1993 in the amount of
2. TREASURER'S REPORT - MONTH OF OCTOBER, 1993 - RECEIVE & FILE
2CLAIM FOR DAMAGES - CLAIM FOR INDEMNIFICATION FILED BY L.A.
D County November 3, 1993. — fie.«-
�-cam �
Recomme ded Action: Reject request and refer matter for
further action to Carl Warren & Co., the City's Risk Manager.
4,— 2.J&. EXONERATION OF GRADING SURETY BOND POSTED FOR 2500 CROWFO
"COUNTRY" the City desires to exonerate the surety
bond posted for grading in the amount of $28,000.
Recommended Action: Approve and accept completed work
and exonerate the bond posted.
26; RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 1993,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY
LAW.
Recommended Action: Adopt Resolution No. 93 -XX declaring the
results of the General Municipal Election held on November 2,
1993.
3. S
3.1 SWEARING-IN OF COUNCILMEMBERS-ELECT - EILEEN R. ANSARI, CLAIR W.
HARMONY and GARY H. WERNER - officated by Assemblyman Paul V.
Horcher.
City of Diamond Bar Tuesday: November 30, 1993
Meeting Agenda For Page: 2
PRIVATE December 7, 1993
3.� PRESENTATION TO MAYOR GARY G. MILLER
3.--�- PRESENTATIONS TO COUNCILMEN JOHN FORBING AND DEXTER MACBRIDE
3.3 REORGANIZATION OF CITY COUNCIL:
3.3.1 SELECTION OF MAYOR
3.$.2 SELECTION OF MAYOR PRO TEM
9.4
RECESS: RECEPTION
RECONVENE:
4. PUBLIC COMMENTS:
5. COUNCIL COMMENTS:
6. SCHEDULE OF FUTURE EVENTS:
6.1 PLANNING COMMISSION - DECEMBER 13, 1993 - 7:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
6.2 TRAFFIC & TRANSPORATION COMMISSION - DECEMBER 16, 1993 - 6:30 P.
AQMD Hearing Room, 21865 E. Copley Dr.
6.3 PARKS & RECREATION COMMISSION - DECEMBER 16, 1993 - 7:00 P.M.,
Heritage Park Community Center, 2900 S. Brea Canyon Rd.
6.4 CITY COUNCIL MEETING - DECEMBER 21, 1993 - 6:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
7. OLD BUSINESS:
.1 ECON I D MENT�
R ommended Acti
I. NEW BUSINESS:
fq.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR
GUARD RAIL LANDSCAPING ON GRAND AVE... -
Recommended Action:
/#.2 CONTRACT FOR BUILDING SERVICES:
Recommended Action:
b. ANNOUNCEMENTS:
�. CLOSED SESSION:
May convene to consider: matters of pending litigation (G.C.
City of Diamond Bar Tuesday: November 30, 1993
Meeting Agenda For Page: 3
PRIVATE December 7. 1993
10. CLOSED SESSION:
54956.9), personnel items (G.C. 54957.6), or purchase/sale of real
property (G.C. 54956.8).
11. ADJOURNMENT:
FFOR
''MEETING IS BEING $ROADCAST'LIVE: BY ,7ONESi: INTERCABL
AIRING ONCHANIVEL 12, AND B3 REI�IAINING IN THE RDdM, ..ARE GIVING YOUR PERMTSSIdN Td BiTFEVZSED
1. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
2. PRESENTATIONS:
Next Resolution No. 93-77
Next Ordinance No. 05(1993)
6:00 P.M.
MAYOR MILLER
Pastor Robert Clayton, Diamond
Bar Worship Center
Mrs. Rachel Natiiv, Temple
Shalom
Reverend Margaret Hedden,
New Life Fellowship Church
Reverend Wonkyu Shin, Sam Sung
Korean Presbyterian Church
Dr. Ahmed Sakr, Walnut Valley
Islamic Center
Councilmen MacBride, Forbing,
Werner, Mayor Pro Tem Papen,
Mayor Miller
2.1 PRESENTATION OF CITY TILE TO JOE RUZICKA - for service on
the Diamond Bar Improvement Association for six years.
3. CONSENT CALENDAR: The following items listed on
the Consent Calendar are considered routine and are approved
by a single motion.
3.1 APPROVAL OF MINUTES:
3.1.1 Regular Meeting of November 2, 1993 - Approve
as submitted.
3.1.2 Regular Meeting of November 16, 1993 - Approve
as submitted.
3.2 CALIFORNIA GOVERNMENT CODE SECTION 995 LEGAL DEFENSE IN
THE MATTER OF GROSS V. MILLER; AND, REIMBURSEMENT
AGREEMENT - Memorialization and ratification of an
agreement for legal services, entered into pursuant to
Calif. Gov't. Code Sec. 995, between the City and the law
firm of Wildish & Nialis, related to the matter of Gross
v. Miller; and a reimbursement agreement between the City
and Gary G. Miller, related to the matter of Gross v.
Miller.
DECEMBER 7, 1993
PAGE 2
Recommended Action: It is recommended that the City
Council memorialize and ratify the agreement between the
City and the law firm of Wildish & Nialis. It is further
recommended that the City Council enter into an agreement
for reimbursement between the City and Gary G. Miller and
that an invoice for $5,328 be paid.
3.3 WARRANT REGISTER - Approve Warrant Register dated
December 7, 1993 in the amount of $904,904.06.
3.4 TREASURER'S REPORT - Month of October, 1993 - Receive &
File.
3.5 CLAIMS FOR DAMAGES:
3.5.1 Claim for Indemnification filed by L.A. County
November 3, 1993 in the Matter of Neal Charles
Dewitt, et al., v. City of Diamond Bar -
Recommended Action: Reject request and refer
matter for further action to Carl Warren &
Co., the City's Risk Manager.
3.5.2 Claim for Indemnification filed by L.A. County
November 3, 1993 in the Matter .of Fernando
Diaz v. County of Los Angeles, et al. -
Recommended Action: Reject request and refer
matter for further action to Carl Warren &
Co., the City's Risk Manager.
3.6 EXONERATION OF GRADING SURETY BOND POSTED FOR 2500
CROWFOOT "THE COUNTRY" - The City desires to exonerate
Surety Bond No. 3-05-01025-6 posted for grading in the
amount of $28,000.
Recommended Action: Approve and accept work completed
and exonerate the bond posted.
3.7 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT
OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2,
1993, DECLARING THE RESULT AND SUCH OTHER MATTERS AS
PROVIDED BY LAW.
Recommended Action: Adopt Resolution No. 93 -XX declaring
the results of the General Municipal Election held on
November 2, 1993.
3.8 MEMORANDUM OF UNDERSTANDING FOR THE GRAND AVENUE TRAFFIC
SIGNAL SYNCHRONIZATION/ARTERIAL IMPROVEMENTS PROJECT -.
The L.A. County Metropolitan Transportation Authority
(MTA) approved funding for the City's Grand Ave. Traffic
DECEMBER 7, 1993 PAGE 3
Signal Synchronization/Arterial Improvement Project at
its meeting of June 30, 1993. This approval resulted
from the FY 1993-94 Multi -Year Call for Projects
initiated in January 1993. The work will include traffic
data collection, generation/implementation of timing
plans, development of plans, specifications and estimate
(PS & E) for synchronization of nine traffic signals
along Grand Ave. (from St. Rte. 57 to the easterly City
limits) and intersection modifications at Grand
Ave./Diamond Bar Blvd. and Grand Ave./Golden Spgs. Dr.
The attached Memorandum of Understanding (M.O.U.) has
been prepared in conjunction with MTA.
Recommended Action: Approve the M.O.U. and authorize the
Mayor to execute the M.O.U. for the Grand Avenue Traffic
Signal Synchronization/Arterial Improvements Project.
4. ADMINISTRATION OF OATHS OF OFFICE:
4.1 SWEARING-IN OF COUNCILMEMBERS-ELECT - EILEEN R. ANSARI,
CLAIR W. HARMONY and GARY H. WERNER - officiated by
Assemblyman Paul V. Horcher.
4.2 PRESENTATIONS TO COUNCILMEMBERS JOHN FORBING AND DEXTER
MacBRIDE
4.2.1 PRESENTATIONS BY CHAMBER OF COMMERCE
4.3 REORGANIZATION OF CITY COUNCIL:
4.3.1 SELECTION OF MAYOR
4.3.2 SELECTION OF MAYOR PRO TEM
4.4 PRESENTATION TO MAYOR GARY G. MILLER
RECESS: RECEPTION
RECONVENE:
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 agenda. Please complete a Speaker's Card and give it to
the City Clerk (completion of this form is voluntary)There
is a five minute maximum time limit when addressing the City
Council.
6. COUNCIL COMMENTS: Items raised by individual Council -
members are for Council discussion. Direction may be given at
DECEMBER 7, 1993 PAGE 4
this meeting or the item may be scheduled for action at a
future meeting.
7. SCHEDULE OF FUTURE EVENTS:
7.1 Planning Commission - December 13, 1993 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
7.2 Traffic & Transportation Commission - December 16, 1993
- 6:30 P.M. AQMD Hearing Room, 21865 E. Copley Dr.
7.3 Parks & Recreation Commission - December 16, 1993 - 7:00
p.m., Heritage Park Community Center, 2900 S. Brea Canyon
Rd.
7.4 City Council Meeting - December 21, 1993 - 6:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
8. NEW BUSINESS:
8.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFI-
CATIONS FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS ON
GRAND AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - On June 1,
1993, the City Council directed staff to prepare plans
and specifications for the Grand Ave. guardrail landscape
improvements along the northerly side of Grand Ave.
easterly of Rolling Knoll Rd. At this time, the plans
and specifications have been prepared.
Recommended Action: Adopt Resolution No. 93 -XX approving
plans and specifications for the Grand Ave. Guardrail
Landscape Improvement Project.
9. ANNOUNCEMENTS:
10. CLOSED SESSION: 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).
11. ADJOURNMENT: