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Home My WebLink About01/18/1994�I 1 Tuesday, January 18, 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Gary H. Werner Pro Tem Clair W. Harmony Council Member Council Member Council Member Eileen R. Ansari Phyllis E. Papen Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. Next Resolution No. 94-01 Next Ordinance No. 01(1994) 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Councilmembers Ansari, Papen, Miller, Mayor Pro Tem Harmony, Mayor Werner 2. 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. 3. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Planning Commission - January 24, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.2 General Plan Advisory Committee - January 25, 1994 - 7:00 p.m. - Heritage Park Community Center, 2900 S. Brea Canyon Rd. 4.3 Parks & Recreation Commission - January 27, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 4.4 City Council Meeting - February 1, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5. CONSENT CALENDAR: 5.1 APPROVAL OF MINUTES - Adjourned Regular Meeting of December 14, 1993 - Approve as submitted. Requested by: City Clerk 5.2 WARRANT REGISTER - Approve Warrant Register dated January 18, 1994 in the amount of $466,158.12. Requested by: City Manager JANUARY 18, 1994 PAGE 2 5.3 NOTICE OF COMPLETION 1993-94 SLURRY SEAL IMPROVEMENT PROGRAM - AREA FOUR - On September 21, 1993, the City Council awarded a slurry seal contract to Roy Allan Slurry Seal, Inc. for a total amount of $139,433. The work, including the necessary repair work, has been determined to be in accordance with plans and specifications approved by the City. Recommended Action: It is recommended that the City Council accept work completed by Roy Allan Slurry Seal, Inc., release any retention amounts per previously approved specifications and authorize the City Clerk to file the Notice of Completion. Requested by: Public Works Director 5.4 PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR FISCAL YEARS ENDED JUNE 30, 1993 AND 1992 - The City's Proposition A Local Return (Prop A), Proposition C Local Return Fund (Prop C) and Transportation Development Act Funds (TDA) are required to be audited on an annual basis. The audit for the fiscal year ended June 30, 1993 was completed in October 1993 by Simpson & Simpson, C.P.A. Recommended Action: It is Council receive, accept an Return Fund, Proposition Transportation Development Fiscal Years ending June 30, Requested by: City Manager recommended that the City I file Proposition A Local C Local Return Fund and Act Fund Audit Reports for 1993 and 1992. 6. PUBLIC HEARINGS: 7:30 p.m. or as soon thereafter as matters can be heard. 6.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA REQUESTING AN EXTENSION OF TIME PURSUANT TO SECTION 65361 OF THE CALIFORNIA GOVERNMENT CODE FOR THE ADOPTION OF A CITY GENERAL PLAN - The Government Code requires new cities to adopt a General Plan within 30 months following Incorporation. The State Office of Planning and Research may grant the City an extension of time to prepare the General Plan upon receipt of an application with findings supporting the request. The extension of time would permit the City to continue to review and approve specified development projects where there is little or no probability that the action would be inconsistent with the contemplated General Plan. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX and direct staff to forward an application for an extension of time to the JANUARY 18, 1994 PAGE 3 State Office of Planning and Research. Requested by: City Council 6.2 STATEMENT OF OBJECTIVES AND PROJECTED USE OF 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS - The City has scheduled a Public Hearing to discuss programs and budgets for use of Community Development Block Grant (CDBG) funds. The City expects to receive approximately $290,932 in federal funds as a participant in the 1994-95 Los Angeles Urban County CDBG Program. The funds may be used for a variety of community development activities which develop a viable urban community principally for persons of low and moderate income. The purpose of the hearing is to solicit public testimony and receive presentations from public service organizations request- ing funds, prior to taking action on a final statement of program objectives. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony and consider approving recommendations of the proposed project and budget recommendations as provided by staff. Requested by: Community Development Director 7. OLD BUSINESS: 7.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE COUNTRY SANITARY SEWER SYSTEM IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Plans and specifications for the Country Sewer Project are complete and ready for bid. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX approving plans and specifications for The Country Sanitary Sewer System Project and authorize the City Clerk to advertise for bid. Requested by: Public Works Director 7.2 PROFESSIONAL SERVICES AGREEMENT WITH LG&E POWER ENGINEERS AND CONSTRUCTORS (FORMERLY ULTRASYSTEMS ENGINEERS & CONSTRUCTORS, INC) - The City retained Ultrasystems Engineers & Constructors, Inc., to evaluate the proposed Industry Materials Recovery Facility and to provide an independent technical analysis of the proposed project and corresponding environmental documentation. Although the agreement has expired, the City continues to need these services to determine the technical adequacy of project -specified environmental documentation and to assist with preparation and presentation of technical JANUARY 18, 1994 PAGE 4 assessments and testimony on the proposed project. Recommended Action: It is recommended that the City Council approve the proposed work program and budget for environmental assessment and reporting services (Exhibit "B"). It is further recommended that the City Council authorize the City Manager to execute a Professional Services Agreement (Exhibit "A"), in an amount not -to - exceed $30,000, with LG&E Power Engineers & Constructors, Inc., for continuation of environmental assessment and reporting services relating to the proposed Industry MRF. Requested by: City Council Solid Waste Sub -committee and City Manager 8. NEW BUSINESS: 8.1 WORKPLACE SUBSTANCE ABUSE PREVENTION POLICY - As a participating City in the Community Development Block Grant Program, the City must provide a "drug-free" workplace. In accordance with this Federal requirement, a Substance Abuse Prevention Policy was developed. The policy discusses its purpose and specific actions to be taken against employees for violation of such prohibition. Recommended Action: It is recommended that the City Council adopt the Workplace Substance Abuse Prevention Policy. Requested by: Community Development Director 8.2 CONSIDERATION OF ESTABLISHMENT OF AN AD HOC COMMITTEE RE CULTURAL RESOURCES - Establishment of an ad hoc committee to study the ever-expanding multi-culturalism in the City and making recommendations to the Council regarding the creation of a Cultural Resources Commission. Recommended Action: It is recommended that the City Council establish an ad hoc committee to study and make recommendations regarding the creation of a Cultural Resource Commission. It is further recommended that the Council determine the size of the committee and thereafter make appointments. Requested by: Mayor 8.3 CONSIDERATION OF ESTABLISHMENT OF AD HOC COMMITTEE RE PROPOSED CITY OF INDUSTRY MATERIALS RECOVERY FACILITY - Establishment of a committee to advise the City Council and assist in coordinating activities, within the City, as well as, inter -community coordination, re the proposed Industry Materials Recovery Facility (MRF). Recommended Action: It is recommended that the City JANUARY 18, 1994 PAGE 5 Council create a committee comprised of community members to advise the Council re the proposed Industry MRF. Further, it is recommended that the Council ask the IMRF Committee to assist in the coordination and implementa- tion of intra -community and inter -community activities related to the proposed IMRF. Requested by: City Council Solid Waste Sub -committee 8.4 REQUEST FOR PROPOSAL FOR CITY ATTORNEY SERVICES - The solicitation of proposals from qualified individuals and law firms for the provision of City Attorney services. Recommended Action: It is recommended that the City Council direct staff to solicit proposals from qualified individuals and law firms for the provision of City Attorney services. Requested by: Mayor 9. ANNOUNCEMENTS: 10. CLOSED SESSION: May convene to consider: matters of pending Litigation (G.C. 54956.9). 11. ADJOURNMENT: MINUTES OF THE CITY COUNCIL J)PAPT REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 14, 1993 1. CALL TO ORDER: M/Werner called the meeting to order at 7:00 p.m. in the AQMD Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the pledge of Allegiance by Mayor Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony, Council Members Ansari and Miller. C/Papen arrived at 7:15 p.m. Also present were Terrence L. Belanger, City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Development Director and Lynda Burgess, City Clerk. CITY ATTORNEY UPDATE ON LITIGATION MATTERS: ICA/Montgomery reported that Referendum No. 1 had been repealed and the case closed. He also reported that the attorney representing the Citizens to Protect County Living prepared a dismissal for Referendum No. 2 and the General Plan would be repealed sub- ject to the adoption of a Resolution by the City Council. Furthermore, the matter involving the lawsuit between Mr. Gross and C/Miller had been resolved. 2. PUBLIC COMMENTS: Al Rumpilla requested that agenda reports include the name of the person who requested the item be on the agenda. William Gross requested the City Council to suggest to C/Papen to refrain from making comments insinuating suing citizens. He then suggested that there be additional effort to reach out and maintain good relationships with local government people that affect the City politically. C/Miller suggested, and the City Council concurred, that a verbatim transcript be prepared for C/Papen since she was not present at the meeting to address the issue. George Barrett, 1884 Shaded Wood Rd., requested that the Consent Calendar include a brief description of the warrants. CM/Belanger suggested that the warrant register be posted on the community bulletin board for those interested. Max Maxwell expressed concern that ICA/Montgomery was not well received by some on the Planning Commission. Red Calkins expressed disappointment with how the first City Council meeting was conducted. He then questioned why Council DECEMBER 14, 1993 PAGE 2 Members Miller and Papen were being blamed by those involved in the recall effort for raising taxes since there is no evidence to support such a statement. Dave Reynolds expressed appreciation for the City On-line system. 3. COUNCIL COMMENTS: C/Papen requested that a discussion be placed on the agenda clarifying the policy as to how Council Members can place items on the agenda. She expressed concern that many new policies are being implemented that have not been discussed in public or presented in written format to the entire City Council. C/Miller, in response to an accusation that he and C/Papen have raised taxes, requested that the next agenda include discussion to rescind approval of landscape district and solid waste franchise fee assessments. He asked if his questions regarding the lawsuit involving Diamond Bar Associates should be expressed during Executive Session. ICA/Montgomery stated that, since the information on the judge's deposition regarding the lawsuit involving Diamond Bar Associates is of public record, it can be discussed publicly. C/Miller expressed concern that ICA/Montgomery, who is not the attorney of record, notified the opposition that a deposition would be cancelled. He also inquired if the issue was dis- cussed by ICA/Montgomery with any of the Council Members prior to this evening. ICA/Montgomery explained that, as City Attorney, he is a party to the pleadings. He stated that a request was received to continue the deposition due to Judge Mills' time restraints and a desire to discuss a settlement. Since the Council directed that as much of the litigation as possible be dis- missed and in the interest of saving the City money and encouraging settlement on the matter, he requested that the deposition be postponed, as indicated in the memo submitted to Council. He further stated that if the retained attorney disagrees, then that decision will be overruled. C/Papen suggested that, since there is a question as to whether the issue regarding the lawsuit involving Diamond Bar Associates had been discussed among Council members, each Council Member involved should state for the record whether or not the issue had been discussed with ICA/Montgomery or the Mayor. C/Ansari indicated that she was not aware of the issue prior to receiving the Council packet. MPT/Harmony stated that he did have a discussion with Judge Mills on Monday regarding the circumstances involved. He stated that he is in concurrence with ICA/Montgomery's advice DECEMBER 14, 1993 4. 5. PAGE 3 that it is appropriate to save the City $5,000 by allowing a five day delay. He then commented that he supports the Juvenile Diversion Program to try to integrate youths into public access television. M/Werner, in regard to C/Papen's question regarding the place- ment of agenda items, stated that, since there is not suffic- ient notice to the public for last minute agenda items, he instructed staff to place C/Papen's last minute requests on the following agenda. He then requested that staff place the landscape district issue and the recycling fee issue on the next agenda, with a report on the SRRE, including Ordinance requirements dealing with trash collection services, what transpired over the last year regarding trash and what is being done to encourage competition. SCHEDULE OF FUTURE EVENTS: 4.1 Traffic & Transportation Commission - December 16, 1993 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.2 Parks & Recreation Commission - December 16, 1993 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon 4.3 City Council Meeting - December 21, 1993 - 7:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.4 City Offices to be Closed - December 24, 1993 through January 2, 1994 due to the holidays. 4.5 Christmas Tree Recycling Program begins December 27, 1993 through January 1, 1994. CONSENT CALENDAR: C/Miller moved, C/Ansari seconded to approve the Consent Calendar with the exception of Item 5.1, Warrant Register. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 5.2 PLANNING COMMISSION MINUTES - Regular meeting of October 25, 1993 - Received & filed. 5.3 CLAIM FOR DAMAGES - Filed by Steffanie Diane Scott on October 6, 1993 - rejected the request and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ Harmony, M/Werner None None MATTERS WITHDRAWN FROM THE CONSENT CALENDAR: DECEMBER 14, 1993 PAGE 4 5.1 WARRANT REGISTER - MPT/Harmony inquired if Mr. Arciero paid his full share on the South Pointe Master Plan fund. CM/Belanger stated that the amount owing on the EIR and the tentative map process as relating to the South Pointe Master Plan was brought into balance. MPT/Harmony moved, C/Miller seconded to approve the Warrant Register as presented. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6. NEW BUSINESS: 6.1 RESOLUTION NO. 89-4A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE DAY AND TIME OF CITY COUNCIL MEETINGS - CM/Belanger reported that M/ Werner, at the December 7, 1993 meeting, directed that regularly scheduled City Council meetings begin at 7:30 p.m. in order to provide a more convenient time for the public to attend. C/Miller expressed concern that the later the meetings, the later the Public Hearings which would discourage people from attending Public Hearings. C/Papen suggested that if the meeting time is to be changed, then perhaps an ending time should be estab- lished so there is consistency. MPT/Harmony expressed support for beginning the meetings at a later time to allow people a better opportunity to attend. The number of Public Hearings held can be limited so that meetings don't consistently run late in the evening. Also, if meetings run late, Executive Sessions could be held over to another day with a special hearing. C/Miller questioned if it would be more appropriate to hold Executive Sessions at the beginning of the meeting so as to avoid any possible perception of misdoing. M/Werner noted that since the number of litigations should decline, the need for Executive Sessions should decline as well. Staff can present any Executive Session items to the City Council at the opening of the meeting so that the Council can decide when to hold Executive Session, depending upon the subject matter. C/Papen asked if there should be a set time for Public Hearings. DECEMBER 14, 1993 PAGE 5 M/Werner pointed out that the City does not have a set policy as to when Public Hearings should commence. It is only required that cities specify the starting time of the meeting, not a particular item. If a subject matter on the agenda attracts a large audience, the Council has the discretion to move that item forward for discussion. The following persons spoke in favor of beginning regularly -scheduled City Council meetings at 7:00 p.m.: Don Schad, Max Maxwell, Frank Dursa, Oscar Law and Al Rumpilla. M/Werner suggested, and the Council concurred, that the Council retain the flexibility as to when meetings should end, with the understanding that the Council will express their desire if it should continue beyond 11:00 p.m. C/Miller suggested that Executive Sessions, if needed, be held right before Council meetings. ICA/Montgomery advised that the scheduling of Executive Sessions be at the discretion of the Mayor, based upon the issues to be discussed. M/Werner suggested that Public Hearings be scheduled to begin sometime after 7:30 p.m., with the understanding that public comments will not be suspended at that time. It should remain the discretion of the Council to rearrange the order of agenda items as determined appropriate. CM/Belanger stated that staff will need a set time for Public Hearings in order to notify the public of the time, date and place of the hearing. City Council concurred to set 7:30 p.m. as the notifica- tion time, or soon thereafter. C/Miller moved, C/Ansari seconded to amend and adopt Resolution No. 89-4A, entitled: A RESOLUTION OF THE CITY COUNCIL CHANGING THE MEETING TIME FOR CITY COUNCIL MEETINGS to indicate 7:00 p.m. as the starting time. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ Harmony, M/Werner None None 6.2 RESOLUTION NO. 93-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPOINTING AN INTERIM CITY ATTORNEY AND APPROVING AN AGREEMENT FOR LEGAL SERVICES WITH MICHAEL B. MONTGOMERY, A PROFESSIONAL CORPORATION - ICA/Montgomery gave a brief summary of his professional background. DECEMBER 14, 1993 PAGE 6 Michael Goldenberg expressed concern that there may be a conflict with Mr. Montgomery as attorney for the City since he represented a client in litigation against the City. He suggested that residents or law firms within the City be interviewed for the possibility of being considered for City Attorney. He also suggested that local businesses be considered, wherever possible, to provide services for the City, thus supporting the community. ICA/Montgomery stated that all substitutions of attorney for any possible appearance of a conflict were filed with the City Clerk the previous week and that he is not involved in any litigation against the City or the City Council at this time. Lydia Plunk expressed concern that the majority rule does not become "mob rule" and that the rights of the minority are respected. She requested that there be a proper RFP process in selecting a City Attorney and that an agree- ment be established with Mr. Montgomery that if the asso- ciation with the City and Mr. Montgomery should ever cease, there would be a reasonable length of time when he and his firm would not be involved in litigation against the City. ICA/Montgomery voiced no objections to the suggestions made. He reiterated that he is not currently involved in any litigation against the City, with the exception of one long-term lawsuit currently in the Court of Appeals. M/Werner expressed support for a full RFP process. C/Papen, concerned that there was no interview process with a full Council, requested that the Council adjourn to a personnel session to discuss the item and set up a full interview panel to discuss the matter. She also expressed concern that there is no legal representation to determine the conflict of interest issue, other than Mr. Montgomery's legal advice. C/Miller questioned Mr. Montgomery's fee structure as indicated in the contract. CM/Belanger stated that Mr. Montgomery has agreed to the same contract used by the City with Markman, Arczynski, et al. The hourly rate of $125/hr. was used since Mr. Montgomery's status is more analogous to Mr. Markman than Mr. Arczynski. C/Ansari stated that Mr. Montgomery is the attorney representing her in her lawsuit involving land sub- sidence. The case is currently in the court of appeals. The FPPC has stated that there is no conflict of interest in this situation because there is no exchange of money DECEMBER 14, 1993 PAGE 7 or money to be gained. C/Miller stated that, for the record, in 1985 Mr. Montgomery provided legal services for various part- nerships he was involved in, as well as for a bond issuance in a project he held interest in. C/Papen asked if Mr. Montgomery would be present at all Council and Planning Commission meetings as well as being the attorney of record. She then reiterated her concern regarding a possible conflict with retaining Mr. Montgomery. ICA/Montgomery confirmed that he will be present at the indicated meetings and would provide other legal advise if deemed necessary. He again stated that he has sub- stituted out of any litigations involving the City. MPT/Harmony expressed his confidence in Mr. Montgomery's professional ability. M/Werner, recognizing C/Papen's request to discuss personnel issues, tabled the matter to the end of the meeting for Closed Session. MPT/Harmony moved, C/Ansari seconded to adopt Resolution No. 93-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPOINTING AN INTERIM CITY ATTORNEY AND APPROVING AN AGREEMENT FOR LEGAL SERVICES WITH MICHAEL B. MONTGOMERY, A PROFESSIONAL CORPORATION. With the follow- ing Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - MFT/Harmony, Ansari, M/ Werner None Papen, Miller 6.3 COUNCIL COMMITTEE APPOINTMENTS BY MAYOR WERNER - C/Papen pointed out that the L.A. County Metropolitan Transit Authority (MTA) is an elected position, not a City Council appointment and should be deleted from the list or put in a separate category. She then expressed con- cern that she had been reassigned to five sub -committees, none of which are with M/Werner, MPT/Harmony or C/Ansari, and that she had been removed from all subcommittees relating to transportation. MPT/Harmony moved, C/Ansari seconded to approve the City Council committee appointments. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/ Werner NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Miller, Papen DECEMBER 14, 1993 PAGE 8 6.4 AMENDMENT TO COUNCIL/EMPLOYEE EXPENSE POLICY ON MEETING ATTENDANCE - CM/Belanger requested that the Council consider the Council/Employee Expense Policy, dated Revised December 14, 1993, relating to expenses in relationship to travel and attendance at meetings. C/Miller, referring to item 4.c., concurred that receipts should be required for reimbursements. He then suggested that the Council eliminate all travel, lodging, meals and other associated expenses for City Council related activ- ities, requiring that the money be taken out of each Council Members' budgeted $500 per month. C/Papen suggested that the City's Council/Employee Expense Policy not have a per diem, but a maximum allowance of $43.50 per day for meals, with receipts required if the meal is over $10.00, which is similar to L.A. County and MTA reimbursement policies. She noted that most conventions include meals in the convention fees. C/Miller, referring to item 6.e., stated that the Council Members, as elected officials, should pay for their spouses, or significant others, to attend City functions. MPT/Harmony stated that Councilmembers assigned to serve on various committees are required to attend many of these different functions and the City should pay the fee for an extra meal for spouses. However, he stated that he does concur that per diem should be eliminated as suggested by C/Papen. C/Miller noted that since Councilmembers volunteer to be on subcommittees the City should not pay for the added expenses. C/Papen suggested that item 6.e. include a statement that "guests may not include spouses, significant others or family members." Taxpayer dollars should not be used for the social life of Council Members, spouses or signif- icant others. C/Ansari pointed out that not all Council Members may be financially capable of paying such fees out of pocket. Max Maxwell asked if the Council/ Employee Expense Policy had been in effect for awhile. CM/Belanger explained that the changes to the policy, which had been in effect for 4 years, would expand it to include those functions not only within the City but outside the City as well to cover problems that occurred such as the situation with Miss Diamond Bar. Frank Dursa expressed concern with the City paying for DECEMBER 14, 1993 PAGE 9 miscellaneous fees such as valet parking and bar bills. Martha Bruske stated that she supports the efforts of the Council as long as it is traveling appropriately to represent the City. She noted that there should be tighter control regarding staff as well. Dave Reynolds concurred that there should be some measure to guard against extravagances and "perks"; however, there could be a compromise by reducing the per diem cap and placing an overall cap. Al Rumpilla, 23958 Golden Springs, suggested that the item be revisited at the next meeting, with some con- sideration given to allowing a limited number of Council Members attending legitimate functions to help the City. He noted that the citizens are not being regarded in the current consideration of this policy. He also noted that each Council Member has not only a $500/mo. expense account, but a $1,200/mo. Mastercard limit as well. C/Miller, noting that he has never used City money for expenses at these functions, stated that it must be decided if such expenses are acceptable or not because it cannot go both ways. He then suggested that the Mastercard be eliminated for the City Council. CM/Belanger, in response to C/Ansari, explained that the credit card facilitates the travel policy existing in the City for Council Members to be involved in other govern- ments and organizations that would benefit the City. It is presumed that the Council Member or staff would only use the card when conducting City business that would benefit the community. MPT/Harmony pointed out that credit cards are an exact way of audit tracking. There is nothing wrong with the credit card as long as it does not represent an addi- tional benefit to an employee or Council Member. C/Miller moved, C/Papen seconded to eliminate the Mastercard for the Council. CM/Belanger stated that staff would recommend that the privilege of the credit card continue to be enforced since there has not been an indication that any individual has abused the privilege of the card. C/Miller and C/Papen withdrew the motion and second to the motion respectively. M/Werner suggested that the Finance Committee reevaluate the policies associated with the topics discussed this evening and bring back a policy appropriate for the City at a future date. DECEMBER 14, 1993 PAGE 10 C/Miller moved, C/Papen seconded to eliminate all travel, lodging, meals and other associated expenses for the City Council. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS - Miller, Papen NOES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/ Werner ABSENT: COUNCIL MEMBERS - None C/Papen moved, C/Ansari seconded to amend item 6.e to read "Council Members' guests may not include spouses, significant others or family members." With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Papen, Ansari, Miller, M/ Werner MPT/Harmony None C/Papen moved, C/Miller seconded to approve the Council/ Employee Expense Policy revised December 14, 1993 with the following amendments: replace "Per Diem" in section 4 with "Meals;" delete the word "per diem" from paragraph A and replace it with "meal allowance;" reduce the amount indicated in paragraph B to $43.50; remove the word "receipts not" from paragraph C and replace it with "receipts are required;" delete the words "per diem" from section 5, paragraph B following the statement "...meal allowance;" include the statement "Council Members' guests may not include spouses, significant others or family members" from section 6.e. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Ansari, Miller, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.5 RESOLUTION NO. 93-80: A RESOLUTION OF THE CITY OF DIAMOND BAR REPEALING RESOLUTION NO. 93-58 - CM/Belanger reported that the City Council directed staff on December 7, 1993 to prepare a Resolution rescinding approval of the 1993 General Plan. In addition to adoption of a Resolution rescinding the General Plan, he recommended establishment of a citizens' advisory committee con- sisting of members of the City Council, Planning Commission, business community, citizens groups, commun- ity residents, property owners of large vacant land and other members as the City Council may deem appropriate and directing staff to facilitate the tasks necessary to prepare the 1994 General Plan. C/Papen left the meeting temporarily. MPT/Harmony read a statement reporting on a Sacramento DECEMBER 14, 1993 PAGE 11 trip relative to the General Plan, summarized as follows: the City has been operating illegally for two years and none of the General Plans will have any force of law; the interim mechanism of ordinance No. 4 was invalidly con- structed and has never been extended; any and all approvals granted by the previous City council will have to be either rescinded or reprocessed; ministerial per- mits were always allowed as long as they conform to building codes; all previous land use approvals will have to be revisited; a General Plan must be developed broad enough in its concept to embrace all neighborhoods, div- isions, rights of property and benefits to the public, with overwhelming credibility. ICA/Montgomery stated that, since discretionary land approvals granted in the absence of a valid General Plan or an extension thereof always remains subject to challenge, he would recommend that the General Plan be revisited immediately, without an election, because it would take less time to revise a General Plan than to hold an election. Most of the matters can be clarified with little expense to the City. In response to C/Miller's concern regarding California Code 65567, he stated that, in his opinion, ministerial permits that do not require Planning Commission approval can be permitted. C/Miller expressed concern that if the City should decide to restrict certain activities, but allow others, and is not in compliance with the entire letter of the law, the City is subjecting itself to litigation from individuals who feel they have been sited out. He stated that with- out a General Plan, the City does not have the authority to issue any permits. ICA/Montgomery reiterated that, in his opinion, minister- ial permits, such as building permits, can be issued; however, a more definitive opinion will be given at a later time. MPT/Harmony pointed out that the issue is that the City does not have a General Plan in effect. The quickest and best way to mend the situation is to rescind the General Plan and establish a Citizens' Advisory Committee to revise the document appropriately. M/Werner noted that it would be wasteful to throw out the entire General Plan because there are many good parts in it. Any option to put the General Plan on the ballot is not in the City's best interest because it would delay the City in any future growth and development. He expressed support to rescind the General Plan and establish a General Plan revision committee made up of the Mayor and C/Ansari to work with representatives of each of the Commissions (the Chairman and one other DECEMBER 14, 1993 PAGE 12 selected Commission member), including representatives from major property owners (such as the property owners associated with South Pointe Development, DBA and Gateway Corporate representatives), representatives from the School Districts and representatives from the Citizens to Protect Country Living. The General Plan needs to be revised to reflect the communityfs needs. C/Miller expressed concern that citizens signed the referendum petition with the belief that they would have a right to vote on the General Plan. C/Ansari pointed out that the outcome of the recent election reflects the voice of the citizens, which was also a mandate against the General Plan. She stated that an election is quite costly, and the City should make every attempt to develop a General Plan that addresses the concerns indicated by the citizens that were not addressed by the previous City Council. MPT/Harmony suggested that each Council member have 5 appointments, selecting people that are actively involved in the General Plan process. Many people want to serve on the Advisory Committee that do not own a major piece of property. It is important that people get a sense that this is a citizens product. Oscar Law, 25011 Pathfinder Rd., stated that there is a core foundation to change the General Plan merely by looking over the recommendations of the consultant that were never included in the document. Don Schad recommended that M/Werner and C/Ansari be part of the new General Plan committee, as well as past older members of the original General Plan Advisory Committee (GPAC). Martha Bruske expressed concern that C/Miller may have reported to the Board of Realtors that the City could not approve any building permits. She expressed support for the revision of the General Plan and stated that the key principle is responsible development. C/Miller stated that the only information he passed along was information received from the City Attorney at the time. Max Maxwell requested that the issue of permits be clarified. C/Miller stated that, for the record, the last thing he would want is for any individual in the City to be denied a permit; however, the information given in the letter from Sacramento should be clarified because it was not actually a statement or opinion. DECEMBER 14, 1993 PAGE 13 ICA/Montgomery stated that Ordinance No. 4 does not meet the requirements of California Code Section 65858, which was referred to by OPR, and is not a valid ordinance for the City to operate under. He then stated that, if the Council desires, he can give the specific citation regarding the permit issue at this time or in a memo later. C/Miller reiterated his concern that the City may become liable if a ministerial permit is issued but not a CUP, for example. ICA/Montgomery stated that, in his opinion, a ministerial permit can be issued (citing Friends of Westwood), and according to Government Section 66498.1B, if it is a vesting map that has been completed, the builder has a right to permits in compliance with the ordinances, policies and standards that were in place at the time that the application for the map was complete. MPT/Harmony requested a legal brief from ICA/Montgomery's office citing court decisions regarding ministerial actions, as well as a clear definition of those minis- terial actions that can be taken, sending the information to the Board of Realtors, staff and other interested parties. Mr. Van Winkle commended the Council for requiring clarification on this issue. Bill Gross stated that the City previously received a letter from OPR on the subject of whether or not the City is allowed to issue permits and it was indicated that the City is allowed to issue ministerial permits. M/Werner requested ICA/Montgomery to provide, at a later date, a supplemental opinion regarding the South Pointe School and if the City can proceed and provide assistance to the School District. Gary Neely, 344 Canoe Cove, pointed out that the defini- tion of the word "referendum" is "to vote" and it is not appropriate for the Council to presuppose that those signing the referendum do not understand what they were signing. He questioned if the General Plan can actually be revised since it had been indicated previously that in order to adopt a new General Plan within less than a year, it has to be substantially changed. He also expressed concern that the Council may be predisposed to what would constitute "substantially changed." He then expressed concern that it was suggested that the Council be allowed only 5 appointees to the Advisory Committee. M/Werner suggested that the revision process include a quantified and subjective analysis of the substantive DECEMBER 14, 1993 PAGE 14 changes when it comes back to the Planning Commission and the City Council. Al Rumpilla suggested that, to get a true consensus of the community, the Council should allow any resident who wants to participate in the process to be part of the Advisory Committee. M/Werner stated that all meetings of the Advisory Committee would be open and available to the public for public comment and participation. MPT/Harmony moved, C/Ansari seconded to adopt Resolution No. 93-80 entitled: A RESOLUTION OF THE CITY OF DIAMOND BAR REPEALING RESOLUTION NO. 93-58 and direct staff and members of the City Council subcommittee, consisting of M/Werner and C/Ansari, to assist in the General Plan revision, extending invitations to Planning Commissioners, the business community, citizen groups, community residents, property owners of large vacant land, and other members as the City Council may deem appropriate; and direct staff to facilitate the tasks necessary to prepare the 1994 General Plan. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/ Werner NOES: COUNCIL MEMBERS - Miller ABSTAIN: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Papen C/Papen returned to the meeting. 7. OLD BUSINESS: 7.1 CONSIDERATION TO RESCIND AGREEMENT BETWEEN CITY AND LAW FIRM OF WILDISH & NIALIS RE: MATTER OF GROSS v. MILLER - ICA/Montgomery suggested that the matter should be con- tinued to the next meeting, or dropped from the agenda, because the matter has been settled and final documents have not yet been completed. He stated that the law firm may be entitled to be paid for what has been incurred up to and through the settlement. Frank Dursa, in regard to the policy of the City Manager's authority to approve contract services to the City up to $10,000, asked if the City Manager had approved the contract with this law firm to defend a Council Member in a personal lawsuit. Bill Gross clarified that there is no court case entitled Gross v. Miller, and this error should be corrected in the agenda and the minutes as Miller v. Gross. George Barrett inquired if the question whether this DECEMBER 14, 1993 PAGE 15 lawsuit is of a personal nature or part of City business had been addressed. M/Werner stated that both litigants have agreed to a settlement, and based upon the comments of the City Attorney, the matter should be dropped off the calendar of the City Council. ICA/Montgomery stated that both attorneys have advised that the case has been settled, and that the bill incurred was already approved by Council action and/or City Manager action. M/Werner stated that it is the consensus of the Council to drop the item from the agenda, with the amendments requested by Mr. Gross. 8. ANNOUNCEMENTS: M/Werner reported that item 6.2, the proposed agreement for the interim City Attorney, had been held over subject to Closed Session of the Council. C/Ansari stated that she would be accepting applications for Commissioner for Traffic & Transportation, Parks & Recreation and Planning Commissions. 9. 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) - At 10:57 p.m., M/Werner adjourned the meeting to Closed Session regarding the contract of the interim. City Attorney; personnel items and pending litigation, specifically Diamond Bar Associates v. City of Diamond Bar. RECONVENE: M/Werner reconvened the meeting at 12:25 a.m. M/Werner announced that the City Council, in Closed Session, agreed to adopt Resolution No. 93-79 appointing an interim City Attorney approving an agreement for legal services with Michael B. Montgomery, a professional corporation. C/Papen and C/Miller abstained from voting on the issue because of a potential conflict of interest. 10. ADJOURNMENT: There being no further business to conduct, M/Werner adjourned the meeting at 12:30 p.m. to December 21, 1993 at 8:00 a.m. at City Hall. ATTEST: Mayor LYNDA BURGESS, City Clerk VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING, AGENDA ITIRM Ain DATE: i.— ! _cl-,I, , T0: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: y-- I expect to address the Council on the subject agenda iem Council Minutes reflect my name and a4dr-4�ss aR writtenAahnuo Please have the S NOTE : All persons may attend meetings and address form is intended to assist the Mayor the City Council. This is the that all persons rash to address the Council are recognised and of names in the Minutes. to ensure correct spelling VOLUNTARY REQUEST TO ADDRESS THE CI'T'Y COUNCIL REGARDING AGENDA ITEM NO.- DATE: O.DATE: T0: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. 5� vv, I V 01--�) DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARgING AGENDA ITEM NO. Cit Clerk 90,t C C, q /h I �Us 21 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as wrizzz�� Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:9C CA ,��J S DATE: ADDRESS:4zL5=PHONE: Ujyk(SC-QQL ORGANIZATION: e-- -yu5—F HG-1 #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. f � Signature J VIA k V) VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: /-�� ADDRESS:?;' ORGANIZATION: 3 SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Y. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. _ 5-� VM,V-\ DATE: DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. 2 -- City %Clerk I expect to address the Council Council Minutes reflect my name N i subject aend item. Please have the iddrbss /ds Vritten above. Sianature NOTE: All persons may attend meetings and 4iddress the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: /" /17— C7 TO: City Clerk FROM: ,I -If A�Lll / ADDRESS: ORGANIZATION: �c SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Siqnature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: `' /)'/ k4)3 TO: City Clerk FROM: �T X kl A Y' L--"ZG � ADDRESS: 1✓ 't�"T 7-w�� .4 ORGANIZATION: SUBJECT: 'L/3/ ' r- Co," I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature /N NOTE: All persons may attend meetings and address the City Cxouncil. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: (AL -V -V -04 vl-"r TO: City Clerk FROM: Albe.r+ ' 441e -q--- I ee-7 ADDRESS: ORGANIZATION: +� SUBJECT: ` v m(- Qs I expect to address the Counci Council Minutes reflect my nam subj NOTE: All persons may attend moo i s ands form is intended to assist the Mayo in ensu to address the Council are recognized and to names in the Minutes. �A Tc-,rL genda item. Please have the s ten above. Signature I;nthat ess the City Council. This all persons wishing ens correct spelling of VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: � __ , 1, �/, z TO: City Clerk FROM: ADDRESS:G�00-9 � 1 ✓� ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and yddress as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: z TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as ritten above. - r£ Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. CP DATE: !L'` TO: City Clerk, FROM: s,. ! ADDRESS: w- ORGANIZATION: 14e z'^. . SUBJECT: I expect to address t e Council on the subject agenda item. Please h Council Minutes reflect my name and add:, ss as written above. the �p Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on theubject agenda item. Please have t�7f Council Minutes reflect my name and a ress as wr' bove. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: t(�; TO: Cit Clerk FROM:ADDRESS: r v , ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name anc address as wr,#ten above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. COUNCIL REGARDING AGENDA ITEM NO. DATE: / / 7r 1I// <_) TO: Cit Clerk FROM: - ADDRESS: _ ORGANIZATION: SUBJECT: I expect to address the Coun"l on the subject agenda item. Please have the Council Minutes reflect my name and` 4ddre,�ss as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: o'l L, TO: City Clerllk'' FROM: j-gGK-5�1k- ADDRESS : ORGANIZATION: SUBJECT: C) X / / T/D✓l1-P�� I expect to address the Council on the subje agenda item. jP1ease h ve the Council Minutes reflect my name and address s writ n ab Signature NOTE: All persons may attend meetingsnd address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. Gi)- VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. L, `� DATE: // ?� 7 6) TO: City Clerk FROM: ADDRESS: //L/ % /V e ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. S NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: / //:V/ 414 9.7> TO: City Clerk FROM: ADDRESS: 4 ORGANIZATION: SUBJECT: �A-WIMi14-P0. I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and a4dress as written above. Siqnature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. q -/ d �� City Clerk I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and aditess as,writtgn above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. MYERS, WIDDERS & GIBSON J. ROGER MYERS ATTORNEYS AT LAW MONTE L. WIOOERS S4ZS EVERGLADES STRECT. SUITE 100 KELTON LEE OISSON VENTURA, CALIFORNIA 93003 pOSERT 1. LONG (SO[) 544-715• ROSERT L. PATTCRSON SUSAN R. O'SRIEN MCS) OSe-5740 wl�unla S. GRAY COATIDENML/AMAXEYCLIENT PRIVILEGE January 18, 1994 VIA FACSIMILE AND REGULAR MAIL Terrence L. Belanger, City Manager City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar CA 91765 Re: Dear Mr. Belanger: Ordinarue No. 4 (1992) PLeA6= RCPLV TO POST OFFICE ■OX 7SOS vCNTURA. CALIFORNIA 93006 TELECOPICR: I809) 644-1340 KATHERINE E. STONE, P.C. Or COUNSEL You have asked us to provide a legal opinion on the validity and effect of Ordinance No. 4, An Urgency Ordinance of the Council of the City of Diamond Bar, California, Establishing Standards Regulatingg Land Use and Development Activities Including Findings in Support Thereof �Orsiiaance No. 41 adopted as an emergency measure September 15, 1992. Your specific questions are: 1. Is Ordinance No. 4 a valid legislative enactment? 2. If Ordinance No. 4 is not a valid legislative enactment, what is the status of discretionary land use actions that were taken pursuant to Ordinance No. 4? 3. Re Question No. 2, is validity conferred upon discretionary land use actions, if the actions are not administratively or judicially challenged within the appropriate statute of limitations period? For the purposes of this inquiry, the policies that underlay the application, processing and approval of the land useentitlements were established by Ordinance No. 4; and, subsequently adopted by the February 23, 1993 Superior Court judgment, Wherein there was a mutual stipulation, by the petitioner and respondent, of the continuation of the utilization of Ordinance No. 4. There was not a timely appeal of that judgment. 20'd LTTET986MT 01 1Z9L-"9-908 3NO1S 3 N 4MId S£:LT V661-8S-NHf Terrence L. Belanger January 18, 1994 Page 2 CAVEAT Our opinion is premised on our understanding that the facts set forth below are true and correct, that the documentary evidence supplied to us is genuine, and that the assumptions set forth in the questions are valid. We have not independently verified the accuracy of these facts or the factual conclusions drawn from them or the validity of the documentary evidence supplied to us, nor have we independently analyzed the scope or effect of the litigation referred to in the questions and factual discussion. Due to your desire for an expedited opinion, our legal conclusions are necessarily tentative and preliminary. Should you wish us to provide You with a more detailed analysis, we can do so. It is likely that a court would find that Ordinance No. 4 is preempted by state law and therefore invalid. Even if Ordinance No. 4 is invalid, however, land use permits granted pursuant to Ordinance No. 4 are valid unless challenged in a court of law within the applicable statute of limitations. Fatu d Sttnient The City of Diamond Bar was incorporated on April 18, 1989. The City adopted the County Zoning and Development Code but did not specifically adopt the County's General Plan. Pursuant to California Government Code Section 65360, a newly incorporated city must adopt an initial general plan no later than thirty months after the due of incorporation, unless an extension of time is granted by the Governor's Office of Planning and Research pursuant to California Government Code Section 65361. Diamond Bar did receive a six month extension, beginning February 7, 1992 and eroding August 5, M2. The City did adopt a general plan on July 14, 1992. However, the general plan Was subsequently suspended as a result of the filing of a referendum petition. The City requested another extension from the State Office of Planning and Research {"OPRI. The extension request was denied. OPR stated that Government Code Section 65361 provided for an extension of time for the preparation and adoption of all or put of a general plan. Since the City had prepared and adopted a general plan, OPR denied the extension request. OPR did suggest that, in the absence of statute to the contrary, the City may want to enact interim general plan and land E0'd LTTET98606T 01 TZ9L-"9-908 3 OIS 371 WMU cG£;LT 066T-eT- IUf Terrence L. Belanger January 18, 1994 Page 3 use policies that would allow limited discretionary land use actions, while restricting the types of actions; similar to an OPR extension. The City did not appeal OPR's denial of the request pursuant to Government Code Section 65362. As indicated above, Ordinance No. 4 was adopted on September 15,1992. Thereafter, the City and any applicants relied upon Ordinance No. 4 in approving tentative tract maps (ncluding one vesting map), parcel maps, conditional use permits, variances, planned sign review, development (u chitectur4 review and other relatively routine discretionary land use actions. The July 14, 1992 general plan was subjected to a referendum petition which the City Clerk relaxed. The petition proponents sued to have the petition declared valid. On February 23, 1993, the Superior Court of Los Angels County (transferred to Orange County), in regard to Can No. BS019849, issued a judgment for petitioner wherein it was ordered in put that "Pending the certification of a referendum election ... or the adoption of a new General Plan by the City of Diamond Bar, Ordinance No. 4 shall continue in full forte and effect.' On March 16, 1993 the City Council repealed the July 14, 1992 general plan. The Council immediately initiated the preparation of the required general plan. The City Council adopted a general plain on July 27, 1993. During theperiod from February 23, 1493 through July 27, 1993, the City processed a limited number of discretionary land use actions, utilizing Ordinance No. 4, as the basis for said atxioas. The validity of certain of the land use applications approved pursuant to Ordinance No. 4 have been subjected to several legal challenges. None of these legal has b� abftn wed' 1n each instance, the City of Diamond Bar's position The CityCleT J� 27' 1993 general plan was also subjected to a referendum petition. :,ejected the petition, The petition proponents sued the City Clerk asking the court to declare the petition valid. The petition proponents asked the Court to suspend the July 27, 1993 general plan. The Court denied the pedtioner's request. The general pl= thereafter became effectim we are informed that in or about IFor PurPOBos of this opinion we have not independently =Mined the nature and scope of these lawsuits and offar no independent opinion on their legal effect. be'd LTT£T9e686T 01 TZ94-V09-9 8 3NOiS 3 >1 WMU 9£:41 V66T-8T-Wf Terrence L. Belanger January 18, 1994 Page 4 November 1993, the Superior Court entered it judgment for the petitioner declaring the referendum petition to be valid. On December 14, 1993, the newly elected City Council and the newly'appointed interim City Attorney declared Ordinance No. 4 to be and to have been invalid. On December 14, 1993, the City Council repealed the July 27, 1993 general plan. Question No. 1 Is Ordinance No. 4 a valid 1*4tiva enactment? The answcr to this question is not entirely, clear. There is no law directly on point. There is a good argument that Ordinance No. 4 is a valid exercise of the general grant of police power to local governments by the California Constitution. We believe, however, that a court would be likely to hold that Ordinance No. 4 conflicts with state laws on the sane subject and is therefore preempted. A county or city may make and enforce within its limits all local .. . ordinances not in conflict with general laws. (California Constitution Article M, § 7.) Local governments may enact laws even on matters of statewide concern in the absence of state preemption. (4, Santa Monica Fires Ltd V. Rent Control Baaraf (1984) 35 Cal.3d 858, 869, 201 Ca1.Rptr. 593 [SubdivisionMapAct does not condominium conversion].) Preemption occurs When a local ordinance (1) daplieates (2) contradicts or (3) enters a field 'which is fully occupied by state law. (People ex rel Dmkme*n v. Coxnty of Mendocino (1984) 36 Cal.3d 476, 464, 204 Cal.Rptr. 897; see Bank of Orient V. Town of 7sb&M (1990) 220 Ca1.App.3d 992,1005, 269 Cal.Rptr. 690, 698. [R'The legislature intended to occupy the entire field of interim zoning moratoria' by enacting Government Code S 65858].) in general, however, courts are reluctant to find implied Preemption and have held, for example, that state general plan laws do not preempt local growth control measures, (Btt"ng ,fly Anociation of Sow&rn Celifomi a v City of Camarillo (`Camarillo") (1986) 41 Ca1.3d 810, 226 Ca1.Rptr. 81; Bwildinig Industry Amcia� of San Diego. v S"'=Dr Comet ( VCi s") (1989) 211 Cal.App.3d 277, 259 Ca1.Rptr. 325) It may be argued that Ordinance No. 4 is an invalid attempt to enact an interim urgency zoning moratorium of the prohibiting uses which may conflict with � �� m GOy�em C� S 65858, zoningproposals yPrOPo� general Plana, specific plans or P F being considered or studied. (Bank of Oris, 220 C21.App.3d 992, 1005.) 'The letter from OPR appears to assume this. HOWever , Ordinance No. 4 on S0'd 4IT£T96606I 01 12%—"9-90g 3dp1S 3 A WpL-j LE:LT 066T—eT-Wf Terrence L. Belanger January 18, 1994 Page 5 its face does not purport to rely on Government Code 5 65858. Instead, Ordinance No. 4 relies on the California Constitution's grant of broad police power to cities (Article XI, 5 7) and Government Code S 36937(b) providing for urgency measures. Also, Ordinance No. 4 is not a moratorium, rather it enables certain developments to Proceed pending adoption of a general plan. Thus, we do not believe that the restrictions on interim zoning moratoria imposed by Government Code 5 65858 apply to Ordinance No. 4. By analogy to the Bank of Orient case, it may be argued that Ordinance No. 4 directly conflicts with Government Code SS 65360-65362 which permit certain development approvals to proceed while newly incorporated cities adopt a general plan. These sections impose a time limit of thirty months to prepare the plan plus a maximum two year extension from OPR. When Ordinance No. 4 was adopted, the thirty -month time limits had expired and OPR had granted a six month extension. OPR then refused to grant an additional time extension -fur the plan was subjected to referendum. City did not appeal the OPR refusal pursuant to Government Code S 65362. The rationale for the preemption argument is that, in general law cities,= all discretionary approvals must be consistent with a valid general plan which is the constitution for laud development. (Lariat Co:n»uamadon; I= u City of Wglnut Crk (1990) 52 Ca1.3d 531, 277 Ca1.Rptr. 1.) in Resource .la06m Fund v. County of Santa Cruz (1982) 133 CalApp.3d 800, 806, 184 CaLRptr. 371, for example, the court stand: "Since consistency with the general plan is required, absence of a valid general plan, or valid relevant elements or components the=C procludes any enactment of zoning ordinances and the like." In City of Cannel tlk►Seu u Board of SuFervism (1982)137 Ce1.App.3d 964,187 Ce1.Rptr. 379, the court upheld the trial court's decision that a use parmrt .vas necessarily void because the general plan was inadequate, In 1lleighbio4o 4 Action Group V. COMM of CslaWW (1984) 156 Cd App.3d 1176, 243 Cal.Rptr. 401, the court stated that the iss mance of a conditional use permit was beyond the County's authority because the noise element of the county's general plan did not conform to the statutory criteria. "An exception exists for charter cities. (Gerot v City of Riverside (1991) 2 Ca1.App.4th 259, 3 Cal.Rptr.2d 5o4.) 90'd LTT£T96606T 01 Tz9L-b09-908 3 OL S 3 M WYAd L£:LT b66T-eT_wr Terrence L. Belanger January 18, 1994 Page 6 Although there is no case directly on point, a court might very well hold that the exclusive method of grunting discretionary land use approvals in the absence of an adequate general plan is pursuant to Government Code SS 65360-65362 . This argument is supported by language in several cases. In Harmman Co. v. Town of Tiburon (1991) 235 Cal.App.3d 388, 396, 1 Cal.Rptr.2d 72, a court of appeal reviewed the statutory scheme for general plans and stated: "No land development may proceed unless it conforms to a valid general plan.. However, an exception exists, and development may be approved during an extension under [former] section 65302.6 so long as that development conforms with both the existing general plan and the proposed revision." (quoting Resoumt Lk)inst Fund]. The court also stated `While the extension is in effect, the town is exempt from the requirement 'that its decisions be consistent with [a general plan]'.' Id at 395.) In Guardians of Turlack"s Integrity v Turlock (1983) 149 Cal.App.3d 584, 592, 197 Ca1.Rptr. 303, the court of appeal held that approvals are only exempt during the period of an OPR extension. (See also Neigbborbwd Adion Group, str: a CalsverAt Co", 156 Cal.App.3d 1176 [question of fact whether post hoc extension of time immunized project from attacks].) 'We also note that in 1992 the legislature apparently adopted a special legislative exemption for the County of Nevada to complete its general plan. (See note to Government Code S 65362 [West's Annotated California Codes] Stats 1992 c 837, IS 1 and 7.) Thus, a good argument can be made, and we believe that it is likely, that a court would find that SS 65360-65362 preempts the local governments from unilaterally adopting ordinances similar to an OPR extension and that the City's remedy was to appeal On's refusal to grant a further extension for relief pursuant to Government Code S 65352 and to seek judicial relief if the appeal was unsuccessful. As there is no law directly on point, the City may wish to seek declaratory relief or a writ of mandate from a court on this question as well as question Nos. 2 and 3. (See Gg., City of Long Brach u MacnnU (1970) 3 CaUd 462, 91 Ca1.Rptr. 23, for procedures for judicial review of questions like these.) L0'd 4TTET9e606T 01 TZ94-"9-908 3 CLLS 3 N WMW e£:LT KzT-et-wr Terrence L. Belanger January 18, 1994 Page 7 Question No. 2 If Ordinance No. 4 is not a -valid legislatitK enactment what is the status of disenetionary land'" actions that were taken purm wt to Ordinance No. 4? The simple answer to this question is, if Ordinance No. 4 is invalid, then any discretionary land use actions that were taken pursuant to Ordinance No. 4 would be subject to timely judicial challenge wader the consistency doctrine discussed in response to question No. 1. (See Lalmr, 52 Cal.3d 531, 541; Committee for Re"nsime Planning u City of Indian WdIs (1989) 209 Cal.App.3d 1005, 257 Cal.Rptr. 635; Sierra Club v. Board of SVVr`Viaors (1981) 126 Cal.App.3d 698, 704, 179 Cal.Rptr. 261 [such action would be invalid when passed, thus void ab initio if successfully challenged in court].) Dunn8 any periods of time Where there was a geieral plan is effect, Ordinance No. 4 would be superfluous and the land use approvals granted during these times would be valid. Question No. 3 Re Question No. 20 is =Udity confar„ad "n discm land use actions, if tJxSIMM arc nor administri�dvely or,� dmftengd within & lvnibstiom period? For t of tbrs inquit% the PQ&ies that �aer+e a�isbada� P�� 8 apPr'osatl of dM !need use by Ordinance No. 4; and, sttkegxmtly adopted by dv Pebrwary 23, 1.993 Superior Coin *Smm4 g&r+ein dMM =as a mxmd a ouls:ion, by the Pmhopw acid mponden4 of for contim &mon of tine .cion of OrYfiPWW No. 4. 7bm ma not a dnMly appeal of that ;Also, it may be argued that the City Wed to specifically reject the County's 9e0eral plan and by ?seeding under the County's zoning aid development code, i"W" also ming Pursuant to the County's general plan. This was the holding of a Court Of appeal in Cv. No$Ounpublished1 (Sam opm 'fie, �• x City of may not be cited as precedent, but is nevertheless instructive. 88•d LT7£398606T 01 TML -009-908 3ND1.S 3 >1 WONA 6£:LT 066T-8T-wr Terrence L. Belanger January 18, 1994 Page 8 This is a three part question, The first part (a) has to do with the failure to timely challenge the merits of Ordinance No. 4. The second put (b) concerns the fact that the use of Ordinance No. 4 for a period of time was stipulated to and embodied in a judgment which was not appealed. The third pant (c) has to do with the failure to timely challenge discretionary approvals granted pursuant to Ordinance No. 4. a. Failure to ch JMge Ordin_arirr No 4 The failure to timely challenge Ordinance No. 4 precludes a facial attack on the ordinance, but would not Preclude a timely challenge to discretionary land use approvals granted pursuant to Ordinance No. 4. It is unclear what statute of limitations would apply to Ordinance No. 4o but aasuW=9 arguendo the 120<ay statute of limitations for challenges to general plans and zoning ordinances applies (Government Code S 65009), the ordinance would be immune from a direct legal challenge (See Garat v City of Rizvnu a (1991) 2 Cal -App -4th 259, 289, 3 Ca1.Rptr.2d 504, Kings County Farm Bursa a City of Hanf 6rd (1990) 221 C21.App.3d 692, 270 Cal.Rptr. 650) This statute of limitations would not, however, preclude an was applied challenge' in the contest of a timely challenge to a land use permit approved pursuant to Ordinance No. 4. (See Garat, 2 Cal -App -4th 259.) b. Sd Won and IMd=ent � the merits of ��_---en— t f—°�`; of O "�a.+� �T�. a filth Ordinance No. 4 were apparently not adjudicated in the litigation, the stipulation and judgment authorizing the use of Ordinance No. 4 in Can No. BS019849 would preclude the parties to the litigation from later challenging those approvals granted during the effacave period of the stipulation and judgment under estoppel Pr'n6P'eL (See, e-&, Toter v Smith (1934) 219 Cal. 690, 695, 28 P.2d 916.) C. Failure to timely challenge l,r� 2rn 4. Failure to timely challenge &Cretionary land use approvals granted punuant to Ordinance No. 4 bars any subsequent challenge to those approvals. It is well established that failure to challenge a land use approval, denial or condition within the statutory period is fatal. (see, e -g.1 Lee v City of Moaurry Park (1985) 173 Cal.App.3d 798, 810, 219 Cal 309 [90 -day statute of limitations ban cballen�ge general plan consistency under Government Code S 658601- Lau Lost M& later District (1978) 78 Cal.App.3d 6301 144 Cal.Rptr. 510 [30 -day statute of limitations bsr: cage pursuant to the California Environmental Quality Act even though plaintiff wM't given notice of the agency decision]; see also OrnsnsideMarins Totaers u. Orwni& Com"ity Den Comm (1986) 187 Cal -App -3d 735, 231 Ca1.Rptr. 910; Kirk V. County of San Luis Obispo (1984) 60'd LTTcTgeGmT 01 12%-"9-90e 3NOyS 3 >1 WMIA 6£;,&I H66T-eT- r Terrence L. Belanger January 18, 1994 Page 9 156 Cal.App.3d 453, 202 Cal.Rptr. 606 (denial of a tentativemapl.) This Wile has special force where, as here, the challenge is stuutory (i.e, lack of a general plan) and no constitutional right on the put of the would be challengers is involved. (See Lee v. Lost Hills Wour District, 78 Cal.App.3d 630.) Even constitutional claims are barred by failure to sue within the applicable statute of limitations. (See Rocco Holdings, Inc. v. Stam of California (1989) 212 Cal.App.3d 642,260 Cal.Rptr. 736, and Wornia Cita j COMM ssion v. Superior Cotta (899) (1989) 210 Cal.App.3d 1488, 258 Cal.Rptr. 567 (Challenges to permit conditions subsequently, held unconstitutional in Nollan v. Wormta Coastal Commiuion (1987) 483 U.S. 825, barred by 60.day statute of limitations to challenge coastal development permit]; see also Render v. City of Glendale (1993) 13 Cal.App.4th 1560, 17 Cal.Rptr.2d 99 (rev, pending in California Supreme Court, 20 Cal.Rptr.2d 163].) This rule makes particular sense in the context of general plan consistency litigation This too much uncertainty in land use development would occur were every land use approval open to challenge whenever a general plan is declared inadequate. According to the State Department of Housing and Community, of the cases involving general p gw have rous cities and counties have asuggesteH� every Elements. None while the plan was apparently invalid is void. Ther must be a timely, ccessU judicial challenge to the approvals. Even .There a plan has been declared inadequate by a court, courts have allowed certain developments to proceed. (See, etg., Indian {pe&, 209 Cal.App.3d 1005) The statute of limitations would not, of course, bar challenges to future discretionary approvals until a valid general plan is adopted It may be segued the discretionary approvals granted without an adequate general plea is place are always subject to challenge by anal to violuion of the applicable zoning.� °�' Pim granted is Sia it (s,, Pest v. City of Fressto (1973) 34 Cal.App.3d building permit (�� does not acquire a vested right under an invalid expenditures have been made in good faith].) These cases, however, rest on the premise that a zoning violation is a continuing violation and, therefore, not on by statutes of limitation. Here, by contrast, the land use approvals were consistent with the zoning when approved by the City. The argument in nature, dads entirely on general plan consistency doctrine wbkh is statutory e, applicable only to the approval process, and has its own statute of limitations. (See Government Code S 65860.) As discussed above, courts have not hesitated to apply this $matute of limitations.See, 173 Cal.App.3d 798, 810; Garat, 2 Cal. k". 259.) 8 Lex City of Memtatrsey Park, OT 'd LIT£I986WT 01 TZ% -"9 -SM 3NDyC 3 >1 WMd ov:,&l 066T-9144Ur IT'd Id101 Terrence L. Belanger January 18, 1994 Page 10 Corrdmion As stated above, because oftime limitations, our opinions are necessarily tentative and preliminary and not as detailed as we would like. Should you wish us to elaborate, we can do so. Very truly yours, KATHERINE E. STONE Of MYERS, WMDERS & GIBSON KES:jb D.in TI 'd LTT£T9860ST 01 TZ9L-"9-Me 3 OIS 3 >1 WMd Zy:GT b66T-ei-+idr CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated January 4, 1994 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 $267,597.67 112 Prop A - Transit Fund 6,138.84 115 Int Waste Mgt Fund 1,440.00 118 Air Quality Improvement Fund 29,20 125 CDBG Fund 2,474.00 138 LLAD #38 Fund 6,347.43 139 LLAD #39 Fund 7,185.18 141 LLAD #41 Fund 13,065.57 227 Traffic Mitigation Fee Fund 76,998.02 250 CIP Fund 82,239.21 510 Insurance Internal Svc Fund 2,643.00 TOTAL ALL FUNDS $466,158.12 APPROVED BY: Linda G. Magnuson Accounting Manager Wtitti 4'. errence L. E City Manager Clair W. Harmony Mayor Pro Tem Eileen R. Ansari Council Member RU N ,fw_.al ct r.n Tib "M1,�.�E,tiL, .dG'•t:�..JC i4du:,_ ilCb PIP -- » - ------------------ - t - -- ------------------------------------------ �T+ 14@1188 `eb _;gulp A.ent OM -404-21-39 ? TOTAL D1JE ENDOP illTBte Lanosiape Hi'LT3e +7?+'.c 811!1$ j1 1"9 1111. Mart Supplies Dist 38 P. 6�„ 114 o �a+a +'3:,-45,.8-<< 4@1.88 81!12 @1%18 3iti9 Maint Supplies -Dist 39 514.G6 *1:3Q-4539-2210 i 40i18B +, f 911118 ;+ 11 111 Mai^t Suprl:es-Map1e Hill 463.3@ i i a + 401188 :2 K112 81118 31912 Maint Supplies -Paul Grout 127.21 +901-4311- 219 1 46118E + 01112 81!18 31913 Maint Supplies-Summtrdge 301.69 t 01-4328-2216 1 4KI.19 81/12 @1118 31614 r Maint Supplies-Sycamorefi+.+ 11'I - 'S .13 1991-4331-221? 1 401188 91112 81'18 31615 "@int 'upoiies-Peterspn 468,91" +981-4319-221+0 1 48118B 91`12 91118 31059 Maint Dist 38 SB@,00 0138-4538-2219 1 4@118B 91!12 91i18 31091 Supplies -Parks 239,68 +991-4310-1296 40118B ^1112 81/18 31168 Maint-Dist 28 "5a.i�� +138-4538-22,9 3 491188 1 481188 98'1517 91112 61!18 31166 Dec Ma^nt D'1st 38 3,Y8n•�� +138-4538-5588 ++139-4539-2219 2 491188 91112 91;18 31169 Maint-�„st •9 35CIM +I39-4539-2218 3 491188 M! 1'- 81!18 31169 ?paint -Dist 39 Dec paint -Dist 3 5.929.22 +139-4539-55@9 1 4+0118B @S11S76 @1112 91118 91!12 A1!18 31189 31239 Dec Maint -Peterson Prk. •, 200.98 +981-4319-53@9 2 49118E 8111666 81112 811118 91259 Maint-Route 69 125.91'1 +991-4556-5598 1 4aiiQB 81!12 81!18 31269 r Dec Maint-Neritage rrk. ?50.99 ' +001-43L3-5399 2 491188 8211666 91;12 91118 :31261 Dec ea;nt-Ron Reagan 1,898.88 +aa1-4322-5388 2 µ9118B @311666 91!12 91118 "31262 Dec maint-Maple Hill 980.88 +@111-4316-538@ 2 48118B @411666 91,12 81118 31263 Dec saint-5tarshine Park 569.1 +aaI-4;25-538;0 2 401188 9511666 91!12 81118 31264 Dec naint-0aul Grow 1:166.66 ow_ -4311 -SM 2 491 16B 9611666 + @11.2 91/118 5 3126' Dec Maint-Summitrdge 1,599.90 +9111-4328-531+? i 4@1138 9111666 91112 M118 31266 Dec saint Sycamore wyn 1,6@4.89 +001-4331-5X68 2 491188 @811666 TOTAL DOE VENDOR --------% 231569.12 American Society of ASCE 91112 61!18 tiational Dues -12194 -Liu 125,99 vol. -451@-2315 481188 rOTAL DUE VEND13R--------- 125.80 Armentrout. Phil Armentrouti 911112 91118 6122 Ener .pond Svcs 12117-117 673,6@ +801-444+1-49493 441 A 81112 Ol!18 6122 CDBG Ewer Svcs 12117-111 336.84 4125-4215-2355 3 491188 TOTAL ME VENDOR--------� 1,899.99 Barbosa Garcia i. Barnes Barbosa 91112 41118 Legal Svcs -DBA vs Paoen 9 2,975.49 +081-4929 +821 3 491188 TOTAL DOE VENDOR -------- 2,915.40 a 91 7 Ta j ... ........... 'ENDOR `1APE Y'ENDCR I"., + P'. P + ± ACCOUNT +" ? + a y P0, _1E vL EN-RvIJJE Itu'�' 1+.= I'E"' ITN ANBUNT DATE ------------------------------------------------------------------------------------------------------------------------------------ iir.andian ++0? -23 A-'_tia 1 49119B Brea. City of EreaCity +091-4350-5]00 2 46118B California Contra:t =:CA +601-4019-2330 3 40118A Charles Abbott & Asc nc Ch.arlesAtS +061-4516-55x0 1 40118B +601-4551-5223 : 4118B +115-4515-5500 1 401i8B 1haver5 rod . _. +091-4553-4199 Cheng, Diana +601-4553-4100 ha'iers'IT 1 49i19H Ch en ID 2 40118H Ca�eunity 5n�eecinr ComSweea +691-4555-5561 1 40118B CO4Gllanc a jr oup +O01-4229-5261 +001-4229-5201 Compliance Sroup +891-4220-5261 +601-4220-520! Compliance 3 4)116B 4 40118B Compliance 1 40118A 2 40119' ;11112 411;A Pref Svcs -FPL 93-10 -.L L U E ,;=70,0-9 -------- 01'12 :11'18 31381 Jan Recreation Svcs 25,'3?.J4? TOTAL !DUE VENDOR --------> 26.1739,31 ?1'12 01':9 Conf Jan 18-20-Papen 1'5.60 91718!94 000421429 TOTAL PREPAID AMOUNT TOTAL DUE VENDOR --------- 91/72 01778 Jct City Engr Svcs 9,396.00 431/12 61116 Oct Plan Cheri Svcs 7.346.50 611112 61(18 Pzof Svcs-5olidwastepu ffit 1,449.09 TvTAL DUE VENDOR --------:; 16,152.54 X1/12 01!13 Trac & Trnsp Mtg 12116 46.r— TOTAL DUE VENDOR --------; 4x1.94 61/12 91/18 Trfc & Transp Mtg 12116 40.60 7'TAL DUE VENDOR --------> 40.0+1 01'12 61/ID Street31weep5vcs-11/29-1/2 8,8771.33 TOTAL DJE VENDOR --------> A,8??.33 91112 WIS B14 Svcs -121113-12/22 5,528.00 61;'72 911i18 Plan Ch' Svcs -12/13-12/22 819.56 TOTAL DUE VENDOR --------> 6.347.58 Ali12 01/18 B1dgSvcs-11 25-112/16/93 5.800.60 91,18/94 0000621419 91112 61/18 Plan Chi. Svc5-11i15-12/19 868.81 9;,`18;94 @000927414 TOTAL PRE?AID AMOUNT ----) 6,668.81 TOTAL DUE VENDOR --------: 0.69 VENDOR - - - �'O �,E nt +� 'y( AtiT�N �_•i_T':�'yC ENTK�:u!t T��.�� _=�LP_. ._h . y. 5 BATCH - .I---- ------------------------------------------------------------------ v+:rtry AHiI's Ranch 001-23;'0-1 ,more:?Iver:,- =saac. D +112-4360-5315 1 4'r�18C B Lively Seniors DBLivelySr +125-4215-2355 5 401180 Day & Night Copy 'Canter Gay&Night +001-4210-4220 1 40118A Defriend. ,1im ^efriendi +0101-409-4000 2 40116A n _ U'ept .f Tra'.sportat:on ueG_irars +441-4555-550; % ''441180 DetMe74 & Associate Inc. Detmers +001-4331-2210 2 401'180 +001-4331-2210 3 401180 Diamond Bar Pett'f Lash Pett.Cash +s901-34'8 ? 4;7118*; +401-4+314-2325 j.5 6 +401-»030-i 140 2 40_I5A +041-4030-2120 1 401189 +401-4090-1140 2 40118A }001-4090-2325 2 4@i18A +001-4310-2325 1 40116A +001-4313-2210 2 40118A +081-4350-1200 5 »+?1159 +001-4510-1100 3 401189 +001-4555-2325 1 40118A 01/12 01/18 011!12 41%18 Aetun'd---epwt 4rtge Prk TOT;L DUCE VENDOR ------ Holiday ;Shuttle Ad TOTAL DUE +'ENDOR 2h4.44 -------- CDBG Reimb-Ins & Re Rent TOTAL DUE VENDOR------- f+i%i2 01%1'S Copies-Enviro Assessment TOTAL PREPAID AMOUNT --- TOTAL DUE VENDOR ------- 011!12 01/18 Pref Svcs -City On Line TOTAL PREPAID AMOUNT -- 70TAL DUE VENDOR -------- 335.s?4 S77.0 57. 0A 884.94 01/18!94 0000021426 684.94 0.00 297.50 01%18194 0000021»10 297.54 0,00 01:12 011'18 Nov -Signals & Lighting 598.22 TOTAL DUE VENDOR --------s 598.22 01/12 01/18 6186 Tot Seats -Ma plehill Pk 177.85 01112 01/18 6166 Tot Seats -Sycamore Cyn 117.85 TOTAL DUE VENDOR --------? 355.70 01112 01118 Recreation Refund 80.00 01//8194 0000021434 81112 01118 CCouncil Mtas 22.00 01/18/94 0000021434 41112 01714 CMgr-Suaplies 34.76 01/18194 0000021430 01/12 01116 Fuel -City Council 12.34 01I - I 0000021439 01x12 01/18 Gen 60vt Supplies 25,87 01/18/94 0000021430 01112 01,116 Gen Govt Mtos 84.33 01/18/94 0000021434 41!12 01/16 CDMA Svcs Mtg 12.00 01/18/94 0000021430 01/12 01118 Nrtg Prk Maint 34.93 21/18/94 0000021434 01112 01116 Recreation Supplies 164.69 01/18/94 0000021430 01/12 01118 Pub Wks Supplies 4.20 01/18/94 0000021434 01/12 01/18 Pub Wks Mtg 23.63 01/18/94 0000021430 TOTAL PREPAID AMOUNT ----'s 498..71 TOTAL DUE VENDOR --------> 0.00 kJN .WE: 08:55 vl/,1!94 ? rE'+i OR N1;tlE VENDOR ID, t 4 ae== ACCO'"' ?R ..T -Nu BATCH PO.L�NE;tis, _�{-� NVqI;E r. R:AT,:. a�_.I°JT Dp'E _- j i _E ------------------------------------------------------------------------------------------------------------------------------------ CIand _-nQ k Associates ' - 4 40118E + icy-w_1 ? '£3 S �� Di:cpVer':' Tp'/5 DiScTovS +:001-435-1200 µ0118C E. San Gab. Planning Come F56'1FC +001-4210-2315 1 401180 EasiFile EasiFile +40i -45i0-1100 5 4h1118C 01/1137 Eastman Inc. Eastman +001-4010-1100 2 4118C 96/1622 +001-4030-1100 3 401180 +@81-4510-1100 6 40118E 98111622 +001-µ3J0-1200 6 40118C ?7/1622 +001-4098-1100 3 401180 9511622 Eastman, Inc. Eastcan +001-4090-6220 2 401186 02/1,,140 *001-4510-6200 2 401186 0111140 Esposito, Lou EspositoL +801-4553-4100 4 40118H Ettefagh, Susan 24 f41-3476 1 40118C P&A Federal Credit Union FIACreditU +001-2119-1009 1 40116A X1.12 01%18 ^ec Prof Svcs 21^,. - TOTAL ;SUE VENDOF-------- -------i2 1, 2 ?I/1.8 :n+ Tnts Books 26,66 TDTAL DUE VENDOR --------'-- 26,66 01/12 01118 Annual DUES- ues—TOTAL TOTALDUE VENDOR --------> 50.09 01!12 01118 41460 Easi File Hanger ?0.S6 TOTAL DUE VENDOR -------- 90.16 01/12 01118 Supplies - CCouncil 25.14 01.112 01118 01154305' Supplies - C Mgr 5.44 81/12 01118 0115505S0 3upolie5 - Engr/Pyk5 8.66 01/12 Oii18 011554813 Supplies - Recreation 35.91 01/12 01118 011589856 Supplies - Gen Govt 13.42 TOTAL DUE VENDOR -------- 88.53 01112 01/18 Office Furniture 1,058.45 01/12 01/18 Office Furniture -FW 406.31 7CTRL DUE VENDOR --------: 1.466.76 01112 81/18 Trfc & Transp mtg 12/16 40.80 TC -TAI DUE VENDOR --------; ;,1'12 01/18 Recreation Refund 50.88 TOTAL DUE VENDOR --------': 50.08 01112 01/18 Payroll Deductions-PP26 1,520.00 01/18/94 0000021447 TOTAL PREPAID AMOUNT ----> 1.520.00 TOTAL DUE VENDOR --------; 0.06 Tyt. �'S4 Irr_P RES T TE ,L _....,.,,...•ali i'_; 44:. NJ "q ir9,C �ENDDR °�T DA7 -� ,T ?Rp1.?i-4u BATCH PG.LiUt'>iC, Eti" DL!E iN'/OICE ----------------------------------------------------------- ---- Feceral Ey.press Corgi, �=dExpres� �1%112 011/!8 Express-. Mail S� cs•-CMgr ^30-212 ;AC 2 401__ +=;011-4%±9n-2120 1 4):150 1.12 01 �' � i° Exp Mait-City' on Line t s� �0-2120 2 40118C 01;12 01 18 - _xp "ail -City on Linz *001-4093'-21213 3 40116C O1 01118 Exp Mail -City on Line 1,1101-4091-2120 4 4011BC =+.,.- 81/18 Express Mall -Gen Govt T-j7AL DJE VENDOR -------- First interstate Bank FirstInter 01/12 011/12 Mtg WerneriCommissior:ers t001-4010-2325 3 40'18A 4 40118A 011112 01;12 Mtg Werner/Arcynsk.i +001-4010-2325 TOTAL PREPAID AMOUNT ----' TOTAL DUE VENDOR --------? First Interstate Bank. FirstInter *001-4010-2310 1 40118A 01.12 01/1,9 Fuel-Papen *001-4010-2330 1 '41184 01/12 01/18 Credit from 11/93 TrTAL REPAID AMOUNT ---- TOTAL DUE VENDOR -------- -------First F; 2StInterstate Bank FirstInter t001-4030-2310 2 401184 011/12 01118 Fuel-CMGr *001"+dJB'231FY 3 401184 01/12 01/18 Fuel-CMGr 1001-4030-2310 4 40118A 01/12 01118 Fuei-CMGr *65Oi-4030-2325 2 40116A 01/12 01/18 Mtg CMgr/AC"gr/t!err,er t01-4030-2325 3 40118A 01/12 01/118 Mtg CMgr/ACMgr/CDD *001-4030-2.925 4 40118A 01/12 01/18 Mtg CMgr/Four Corners *001-4030-2325 5 40118A 01/12 01/18 Mtg CMgr/ACMgr/DeStefano *01-4030-2325 6 40118E 01/12 01/16 CMgr-DBA Deposition TOTAL PREPAID AMOUNT ---- TOTAL I' !E VENDOR- --------:> 7leet Cali F1eetCall t -'9l-4090-2130 3 40116C 01/12 01!18 2 -Way Radio Svcs -12/93 TOTAL DUE VENDOR --------z Fnnthiill Building FtBidg4atr 01:,1 8 6369 Emer Prep 5uoplie5-sand *?011-4+41!-1200 i 40118C 01/12 TOTAL DUE VENDOR --------- 82.01 101.45 01/18/94 003002.43 35.68 01,''18194 000002/409 1131.13 cl.00 15.39 01/18/94 0000021412 12.70- dii18/94 0000021412 2.69 0.00 22.6 j 01/16/94 0000021415 20.83 01/18/94 0000021416 16,75 01/18/94 0000021416 11.43 01/18/94 0000214i6 24.29 01/18/94 0000021416 21.31 01/18/94 8000021416 20.05 01/18/94 0000021416 8.51 01/18/94 0000021416 151.90 0.00 158.55 158.55 132.51 132.@7 Z' T j. . . . . . . . . . . v, END101F. m-' 10DOR i7, ZNTQY Am [1! i T �, H P 0 , L INE 1,0 NT rA'E 1 4m ----------------------- ----------------------------------------------------------------------------------------------------------- E 0 1-4 2 12 S .E d,ifcrnid C); C STE —E C Gardner Cmunications ,ardner.-o4 401-465-2350 i 48118C Coqsai%V-q & Son. -Ji-.2 A. Gonsalves + 3 o i - 4 v3 - 4 (i @ I 4CII18C srainger +C91 -43I0-1200 M1 -4310-11M driffifh, Diane 001-3472 Grainaer 3 40118D 84/1648 2 44118D 8311648 4 A g)li I C P 4 A 7 T 4. r,.! 7 C 6 0i '118 Fuei City Mar D1 112 01x18 Modum Svcs- C Clerk. 701AL W DH VENDOR - -------- Faer Prep Phone Svcs 7"TAL DH VEND -JR -------- 39165 01./18 Tp'ephrne Svcs-D2rEiPb2r 1.-''6.;8 TOTAL DUE VENDOR --------- 19`n Ak 01.112 01118 Wirter!Sprg Newsletter 20,633,18 TOTAL DUE VENDOR --------- 20.633,76 91112 01i18 Prof Svcs-january 2.180.00 TOTAL DUE VENDOR --------- 21100.04 01/12 41i18 4440808410 Supolies for Pins 273.03 91/12 81i18 930-8450932 Supplies for Parks 24.411 T r,,TAL DUE VENDOR -------- 297.44 Ki12 01/18 Recreation Refund 91.0 TOTAL DUE VENDOR-------- q.1,11ja P k4I 45 4EsDCF ?":, r Mr_�'�b� r''-•,;-'tt'. BATCH � �iG v1' ;-NT;Y!O',uE lt L �t +a�l�._,,- - j. ------------------------------------------------- '+radon, J13?�3 �:�GpnD 9 1 t F - {;+a1-4 "1't-2320 4011yD 86.59 1• 2 40116D 01112 81118 131119 Konica saint -Nov TOTAL DUE VENDOR --------' H,.at' Re.ger:r y gat+Raoe j9113K 91x/2 91i,9 =CA +..,nf Jan 18-29-Papen +;��1_'4;-01a-??.Jw E TOTAL DUE VENDOR --------y TOTAL PREPAID AMOUNT ------ inland Computer Center TnlandCowp 91112 01116 TOTAL DUE VENDOR --------` ^9A Retirement Tri St -457 iCi�A 91/12 91/18 Def Comp Contrib-PP24-21 Mi,_1-2110-1907 2 44118D 01%12 91/18 Char Contract Contrib 001-4@394880 1 49118D 01:12 91/18 Tan Cafe Contrib-CMgr +.3=i1-4839-8849 i 40118D 01x12 01;18 Jan Cafe Contrib-CCik *A81-4949-9090 1 4s1118C 1 4911AD 91f12 91!18 Jan Cafe Contrib-Fin +rn91-4959-9�+49 1 49118D 01i12 91x18 Jan Cafe Contrib-Ploa *081-42'0-9899 +991-43194999 L 40118D 01112 81/18 Prk & Rec 001-4.350-98?9 i 49116D @1;12 0ii18 Jan Cafe Contrib-Co,es avc +091-4519-0099 1 40118D W12 01/18 Jan Cafe Contrib-Engr 1 TOTAL DUE VENDOR --------) yr . iL.LJ 11@.3A 9+ 0909N21'�2'3 11x,33 9.90 459.09 488.0 1,941.69 433.04 1,41, 34 283.5; 239.94 926.82 5.361.25 IPS Services Inc. IPy „ x1/12 81!18 6431 Prof5vc-G1dn5prRehab 54,445.99 +221-4519-6411 06144 S 4+ 118D 01165.8 TOTAL DUE VENDOR --------? 54,495,:0 TFS Services Inc. IPS 29,593.92 +227-4510-6411 96194 6 40118H 91!12 91118 046+29 6ldnSprgsRehahProj TOTAL DUE VENDOR --------> 291593.02 ia�age IV Systems Inc. Dsage4Sys 01112 01!18 131779 Nov Copies -Konica 86.59 },Ni -499n-2190 2 40116D 01112 81118 131119 Konica saint -Nov 198.04 +991-4990-2200 2 401186 TOTAL DUE VENDOR --------y 194.59 inland Computer Center TnlandCowp 91112 01116 Epson Printer -P b R P 427.58 +981-4359-1200 9 401186 91!1129 TOTAL DUE VENDOR --------- 427.56 inland Valley Div Buiie. NDB 91%12 91/18 subscription Renewal i16.48 +901-4090-2329 1 40118D W 16D 01,12 01118 dc66396 Grand Ave Guardrail-PubHa 52.54 *001-4040-2115 1 91112 9ii18 dc66423 Pub Not-AnnualFinanceRprt 20.00 +I!91-4840-2115 2 40118D 401.8D A1I12 01118 dc68170 Pub hrg-ADR 93-20,21 87.54 Mi -4M-211; 1 TOTAL DUE VENDOR -------- 76 , c:�•4 t _ + a'}N T;ME; Irl ; .�; :ay ] H E K 1 T -, o y ` uE .............414 ,a4 ro 7. r, ud _ NGt+E :ENDOR ;. aA,_CLi�OU NT PRJC.'1-'r" Pr''vii PO. 7 k"t Nu. ENTRY. DUE ' Y.. -E DESrRIPTi ti' AMOUNT uATE ------------------------------------------------------------------------------------------------------------------------------------ int'l Business Eaipment AusE4u,.: +201-40�t!-214+0 401180 fV P1-41941-2c'+�0 1 49118D s Lcck. 8 Key +001-409H-2210 Jacob. Doreen +001-3478 :;ack.`sLcck 4�11aD 1013 4 44+1188 K: i 'v' Blueprint Service K4VBiuePrt +001-4555-2110 3 401180 K Sound b Photo KSound +118-4098-1200 1 40118D Kumar, Karan KumarK +001-2300-1002 9 401180 Kumar, Ram g Sare: KumarR +201-2300-1010 2 40118D +001-3443 1 40118D L.A. County-Sherifi's Dep LACSheriff +001-4414-5401 2 40118E +001-4411-5401 2 40118E L.A.County Public darks LACPubWk +112-4553-5529 1 40118E +001-4555-5501 3 40116E 01/12 01118 Dec Xerox Copies 386.79 01:12 01/18 Dec ;erox maint 281.2? TCT AL DUE VENDOR --------) 667.79 01112 21i18 18410 Lacks 8 Keys -Ste 190 i1j.., TOTAL DUE VENDOR --------; 101.33 01/12 01/18 X585 Recreation Refund 45.00 TOTAL DUE VENDOR --------; 45.00 01x12 01/18 2491 Blueprint Svcs 46.55 TOTAL DUE VENDOR --------': 46.55 01/12 01/16 FiIA Process -City On Line 29.20 TOTAL DUE 11.ENDOR--------> 29.20 01/12 01118 Refund -Deposit Hrtge Prk 200.00 TOTAL DUE VENDOR -------- 200,00 01/12 01/18 Refand Deposit -FPL 93-039 200.00 01/12 01/18 Refund Depos;t-Pub Hrgs 237.50 TOTAL L'UE VENDOR -------- 437.50 01112 01118 21351 SpecEyntralChaoll/21-12/8 1,571.76 01/12 01/18 21360 1'UTCodeEnforc-12/10-12±20 4,254,09 TOTAL DUE VENDOR --------; 5,825.85 01/12 01/18 59400002317 July -Sept ParaTransit Svc 2,113.84 C i12 01/18 94010000136 Maint-TrfcSign/StreetSign 11090,19 TOTAL DUE VENDOR --------- 3,204.03 t E 1'4 :M; 7!�::1 Ay CLE RL.....,,,. + + Pa.EPAD f . tENDOR NAME J-, DR _ N Cr� rhE N. r�,�!, T PROJ a "au B..TN PO.L:NE: vu. - ------------------------------------ ------------------------- R} yl r L,H1st. Attorne� ! .•,- - +08i -421E-440@ 3 40118E +001-4510-55@0 2 44118E LA Cellular Telephone 1ACe.iular +@91-4939-[1c5 2 90118E +401-4440-2125 2 40118E L68E Power Engineers L68EPcwer +801-4430-40@0 2 4@1186 +001-4038-4000 3 4@1185 Landscape @est LandscapeO +9@1-4555-55@8 3 40118E @1/1686 +141-4541-5500 1 40118E 1411575 League of Ca. Cities Leafl_ue +001-401µ-2325 5 40116A League of Ca. Cites League +9@1-4210-2320 1 40118E Leighton and Associates Leighton +041-4551-5224 1 48118E +001-2300-1012 5 40118E +001-23@0-1012 6 40118E Lewis Engraving Tnc. LeaisEncra +0@i-4010-2110 1 40118E 41112 111118 Legal Sacs-Prooerty Maint 526.4' 011'12 01/18 Legal Svcs -Engineer Dent 44.46 TOTAL DUE VENDOR -------- 568.49 011'12 @1118 Ceilular Svcs-CMgr 161.66 @1!12 41;`15 Cellular Svcs -Ener Prep 32.66 TOTAL DUE VENDOR --------; 184.34 91/12 81118 97613 Prof Svcs -Industry MAF 5.553.8.3 01/12 01/18 97616 Prof Svcs -Industry "IRF 180.94 TOTAL DUE VENDOR --------> 5,733.93 @1/12 91/18 012135 Dec Weed Abate Svcs4 4,561.64 @1/12 01/18 012152 Dec Main;t Dist 01 3,336.85 TOTAL DUE VENDOR --------? 7,898.69 01;1201/18 1/6/94 Mtg-Mayor Werner 20.@@ 01/18/94 000021418 TOTAL PREPAID AMOUNT ----> 20.00 TOTAL DUE VENDOR --------> @•@@ @1/12 01/18 Ping Pocket Handbooks 72.00 TOTAL DH VENDOR -------- 72.09 01112 01/18 88514 Lan8s11de1nve5t1gati0n5vc 881.00 01i!2 01/18 81106 6eoTech Review -EN 93-@13 126.44 @1/12 01118 81153 6eo?ech Review -EN 93-038 81.50 TOTAL C'iE VENDOR --------; 11@08.99 @11'12 01/12 814761 Engraving Svcs 9.51 TOTAL DUE VENDOR --------% 9.51 } _ . _ .. i _ _ _ _ • t t `ENDOR NAME VENDOR r.'UNT tiC = C ,�.�t_ Y', NTRY/DUE 1hv3_,CE 4,7E _ R', AT H*0 --------------------------------------------------------------------------------------------------------- ra +112 01x18 DUE rNDO.. -- ----, TOTAL r. VENDOR ^-1. 1'1!. LLS A n o e s .ou-t1 ++r1-40ig-ei30 i ;-i! 118E K/12 01118 346 Oct Pager Svcs '».16 TOTAL DUE VENDOR -------- 714,46 Macadee Electricai Macadee +250-451@-6412 06994 4 40118A 91/13 @1113 Signal -Brea Cyn & Pathfdr 2,754.46 TOTAL DUE VENDOR --------:; 2,759.94 'Iain Street Tour. Main5treet +9@1-4354-5319 3 441186 @1!12 01/18 26668 Newport Hhr Excur-12119 1,144.09 +lir-4369-531@ 2 4@1186 61112 01/18 2@669 Newport Harbor Excursion 450.0 +j0i-4354-531@ 2 441186 01 ?12 01/18 2@612 Huntington Harbor Excursn 756.06 +@@1-4354-5x10 4 4@1186 @1/18 29695 Newport Hbr Excur-12/23 1,144.�i4 TOTAL DUE VENDOR --------; 3,494.49 Main 'Street Tour= MainStreet +@�1-4.159-5319 5 401186 01/12 @1118 Catalina Excursion Dep +001-4356-5316 6 401.185 01`12 01/18 Temecula Excursion Dep x90.@4 +001-4359-5319 % 401186 @1112 61/18 Nixon Libr Excursion Dep 100.00 @91-4359-5310 8 401185 01,112 91i!8 Whale WatchExcursion Dep 299.04 +041-435@-5310 9 401186 61/12 61/18 Orchid Show Excursion Dep 200.00 +001-4354-5319 10 4x!118- 01112 91118 Autry Museum Excur Deo 2@0,04 +112-4364-5310 3 401186 K i12 01/18 Catalina Excursion Dep 550.@@ +',12-4360-5316 4@118- 01/12 @1i18 Temecula Excursion Dep 520.94 +112-4304-531@ S 401186 01/12 91/16 Nixon Libr Excursion Dep +112-4366-5316 6 401183 @1/12 01;18 Whale WatchExcursion Den 434.0 +112-4364-5319 7 401186 01/12 @1/i8 Orchid Show Excursion Den 65@.@@ +112-4360-5310 6 4011810 01/12 @1/18 Autry Museum Excur Deo 370,0 TOTAL DUE VENDOR --------r 41090.06 Marina Contractors Inc. Ma.rinaCont +±91-4556-5504 S 40118E 91/15374 61/12 01116 Prof Svc-6@FayProj 2,514.25 TOTAL DUE VENDOR --------i 2,514.25 Mitchell Pest Ccntroi inc MitcheliPe 041-4319-221@ 2 4@i18E @1/12 41118 00013931 Tree Spray Svcs -Citywide 325.00 TOTAL DUE VENDOR --------:; 325.0 F f PgCr'... + . ,F VE Ni JR �5 rt�A"it .CND^ P ,'u', ...�,� .-r . -17 HW`t�NT '. HTF �. ;�F'-r. r u 1 a{._ �;. BAT r .Lin i o._. R',a�r 1 1'�C „_-�._,i. y ------ ----------------------------------------------------------- !iod i i t;a^i-YJi�-2310 hA� 4wi118E Ni; 12 01116 1.228342 `'uel-Err a let 32.3? 31.55 *001-0i0-2310 v 40118E 01/12 +1/16 12288495 sue'-Prk & Rec 18,50 + h1 -43i(1-2310 3 44+118E 01/12 01/18 k2288532 Fuel-Prk 8 Ret 21.?? *401-42�a-2310 ^ r � 40118_ 01112 01'18 x.2292533 Fuel-P1na - 22.8' +001-4`19n-2310 40118E 011/12 01i"S 1.2292695 Fuel -Poo! Car 14.52 *001-40:30-2310 6 40118E 01:12 01%18 ^ kt2927r1 Fuel-CCountii '5.40 +1±41-431Cy-2"s10 5 4KiK 01;12 01/18 Q472831 8 Aec TOTAL DUE VENDOR --------> 177.06 Montgomerv, Michael MMontganer 01112 01,118 Dec Retainer 5,500.00 +aai-4020-4420 144118E 4 40118E 0I/12 01118 Dec -City vs Ob Assoc 853.92 *001-4426"-4021 70TA16 DUE VENDOR --------i 61353.92 Montgoaerv, Michael 'Montgoeer 5 44113E 01112 01/18 LegaiSvr DBCitz is Burges 409.28 0K-4029-4421 TOTAL DUE VENDOR --------- 408.26 Mt. baidy United lay +001-2114-1009 United0ay 4 40118U :i1i12 41!18 PP24-26 !United Way Contributions 43.50 TOTAL DUE VENDOR --------, 83.54 Mvers, Elizabeth +401-4040-4400 "ve,sE 4 40118E 01/12 01;18 94db31 Mnt Sec-CCauncil Mtg 1217 320.00 *001-4040-4000 5 40118E 01/12 01/18 94db01 Mnt Sec-CCounciINt9 12/14 364.04 404.00 +401-4210-4300 4 40118E 01112 41!18 94db01 Mnt Sec -Ping Comm 12/13 280.04 *001-4310-4000 2 401118E 01/112 01116 94db31 Mnt Sec-Prk 6 Ret 12216 140.40 +001-453-4000 i 40118E 01/12 01118 94db31 Mnt Sec-TrfcBTrar,s 12/16 TOTAL DUE 11ENDOR--------i 1,500.04 3Cb Reorograpnic= OCBReprogr +250-41310-6415 06594 9 40118F 32/1637 *250-4310-6415 06594 6 40118F 01'1637 01/12 01/18 7176370 01112 01118 725998 Printing Svcs-Pantera Pk Printing Svcs-Pantera Pk. TOTAL DUE VENDOR -------- PC Magazine PCMagazine +401-4090-2320 2 40118E 4I!12 01118 Annual Subscription TOTAL DUE VENDOR -------- 39.87 86.04 125.91 34.97 34.97 + ' R REGISTER ++^ L, E Tu;U............. 8/94 p4GE ^ VENDOR NAME VENDOR ID. ACCOUNT pRDJ.TX-NO_PATCH PO.LIN[/#O. E�TRY/DUE � �(jICE IV' ES[RIP`IJM AMOINT D+r+ pREPAICC+E^, ---------------------------------------'------------ Richards Watam & RzhardoWa �0 -402�4��1 6 40116F �1/1Z �1/�8 Sp Legal S-vos-D0 Citizens 4.015.35 TOTAL DUE VENDOR —'--'> Robbins Pmsost Ioc. RobbinsP e 0�1'455S-5518 2 40118F *1/173* Bus Benn Rplcmot 626.04 TOTAL DUE 'VENDOR '—'--` 626.4 Robert Driver Ins Cn. RobUrive W11-230-1004 1 40118A Dec Spec Event insurance 410.00 01/18/94 @000021425 TOTAL PREPAID AMOUNT ---- —T0ALDUE TOTAL DUEVENDOR -----> 800KranzeriAsoc C.E. Inc RKA +01-4555'S227 2 4010F 01/12 A1/18 1859 Enyr Inspections `001-4BS-5227 1 4118F O1/12 0118 1860 Engr Inspections 273754 TOTAL DUE VENDOR ----> \0'420.80 Hoe, Bobby Rosp8 +V01'43S�'D00 14 401186 01/12 @1/0 Sonto 8reaklast Supplies 197.43 01/18/94 0000021413 TOTAL PREPAID AMOUNT --> 19/.43 TOTAL DUE VENDOR ----> A.�0 Roy Allen Slurry Seal Inc RuyAllen �25*-4�10-6411 01494 2 401�8F 01/12 01/10 0897 Slurry Seal Area w4 67.218.30 TOTAL DUE VENDOR ----> 67.210.34 San DieOn Mission Valley SonDiegHil 001-460-233$ 3 40118H 01/12 01/18 GFUA Seminar -Magnuson 74.12 TOTAL DUE V[N0U8 ----> /4.12 San Gabriel Yly Tribune SSYTribooe +0@1'4040-211S *001-440-211S 3 WJ110H 01/12 01/18 syvt4A43 PuhHro'GrandAveGuardRoil 55.46 6 4�11�H 2 40110H fl/12 *1/18 sgvt4#46 Pub Notice -Ann} Audit 8pt 117.11+001-4210-2115 01/l2 01/18 syv#lD PubHry'ADR 93-20,21 95'50 TOTAL DUE VENDOR ----> 168.1S San Gil Maintenance SanGilMaio f01-4313-5300 3 40118H 01/1717 *1/18 003 Heritage Prk Moint-Oec 996.00 TOTAL DUE VENDOR ----> 996.N ^++ �' Q! :N' TlM[� �6 B �L .3/v� » O -� C � E 9 K E 3 � S ? E 9 — -JU E T4 q U . . . . "EN0OR NM�M YE�O �5 D��RIPDUN_______________________^__ AMO�� nA� _�CO�T____'RG�.TX-MO_��CH_PDmO.__��RY/�� _I��ICE___ ru;oma :«LLey Humane Sou' �01'��\�4�3 l pV*S 40118F 0L/2 h1/18 L Ani,101 �mtrl �c'1�4 4 `5�' D TOTAL DUE VENDOR -----> 4.152.1/ Pomona V1y Transpo-tatio» pnmo aV1y �L�I-4368-B1� � 40i18r 01/12 01/18 1979 Tiny Tots Excursion 35@10 TOTAL DU[ VENDOR ----> 350.04 Pomona, City of 001 -4S56 -5S@@2 4*118F 0U12 01/18 Water Usage -60 Fwy yxoj . �7 43 4�118F 01/12 011116Water Usage -60 Fwy Proj 180.W> TOTAL DUE VENDOR ----> 188.23 Postage By Phone ycst8YPh»n �1/12 61/18 postage 001-409-2120 S 4118F IAL DUE VENDOR ----'—> T OT Prudential Service 8u7eam pSB �U�2 �1/\8 �m Dental prmm o �� 06 ' 0i/18/94 @00002142L - 401 �110-i�� 4��18A 01/12 01/16 Jan Vision Press 212.19 @1111811940@10@102414211� 0TAL PREPAID AMOUNT --> 1,257.25 TOTAL DUE VENDOR ----> 0'04 Public Empl Retirement PER; 3 4A118A 01/12 0UL8 \ ypy6 Retire C��rib-[m yr 2,924.34 @1/18194 000002142@001 - ' 211@ 1�� 4 40116A 01/12 0/0 Retire Dmt ih-E°"lycr,26 2'647'19 @110�4 00008 142# *001-2110-1008 TOTAL PREPAID AMOUNT --> S,571.49 TOTAL 0E Y[N8D -----> �.00 R&W Highway Inspectiun Co R&WHighway 1 48110F *1/12 01/18 Slurry Sea! Inop-12/93 7'112^00 +25A- 6\0'6411 01494 TOTAL DUE VENDOR -------> 7.1\2.N Repro Graphics +0@1�09+21L0 ReproG'«Ph i 40118F �U\2 01/18 �R1 Performance [v:l Forms 42' 7q 4011kF 0�/l�4 0U12 �UL0 6�� Pr�g Svc-Cas� R�ts 437'� hUy TIME: yi y T J R _i..,.... ..., in194 ENDOR NAME E14Dj�'R 71 a O U N? N9! ----- - NC EAT^Hi Dn Ti NF ------ r.,_ tN GY;Dur �vv,. ------------------------------------------------------------------- ESCR P?iC1N AM TI 1N? L r i 4 - -.osthPr^ '.a Edi E':__^ +138-4538- ^S 21 c ? +�8^ 40�. a 01?!2 X1.'18 Electro - LLAD 238 154.59 TOTAL DUE VENDOR --------; 154.5,9 outherr.. Ca. Edison i[t.aEdis4n Ej? 1-4553-21126 2 401186 x+1!12 01118 Electric - Traffic Contri 41996.28 TOTAL DUE VENDOR --------; 4.996.24 Southern Ca. Edison SoCaEdison +227-4510-6411 06194 3 40118A 01/12 01x13 Relocate Vents to G1dr,Spg 2,000.00 0I/18i?4 0000021415 TOTAL PREPAID AMOUNT ----;; 21000,00 TOTAL DUE VENDOR --------} Standard Insurance of Ore Standardin +001-2110-1005 ! 40118A 01%!2 01/18 .tan Life Insurance Prems 368.30 011118194 00000?1423 TOTAL PREPAID AMOUNT ----:; 368.30 TOTAL DUE VENDOR -------- 0.0 Standard Insurance of the StandardIn +401-2110-1005 2 40118A 01i12 01118 Jar: Supp/ Life Ins Prems 18.00 011;18/94 X1000021424 TOTAL PREPAID AMOUNT ---- 18.00 TOTAL DUE VENDOR -------- 0.00 State Compensation Ins Fd Statecomo +001-2110-1011 1 40118H 01/12 61118 WC PremsOct/Dec 9410 3,118.36 *001-2110-101! 2 40118H 01/12 01/18 WC PremsOct/Dec 8810 3,106.4+1 TOTAL DUE VENDOR -------- 6,224.;6 bubvav Subrav 1401-4210-4220 3 40118A 01/12 01/18 GPAC Mtg Supplies 70.00 01118/94 0000021433 TOTAL PREPAID AMOUNT ----7 110.00 TOTAL DUE VENDOR -------- 0,80 Thomoson, Jack. ihomcson, +001-4556-5500 7 40118H 01/1595 01112 61118 45491 Prof Svc -60 Fry Pro; 2.280.00 TOTAL DUE VENDOR -------- 2,280.0 Time Out Personnel Svc. TimeOut +401-4040-4000 6 40118H 41/12 01/18 930935 Temp Svcs -Receptionist 60.50 +001-4040-4800 7 40116H 01/12 01/18 930951 Temp Svcs -Receptionist 92.04 +001-4040-4040 8 40118H 01112 01/18 930951 Teep Svcs -Receptionist 122.72 TOTAL DUE VENDOR --------> 275.26 a r i _:N TIME: 46:55 PREP AT7, VENDOR NAME �� aanC.Ti- RC�.,•_UNT ---------------------------------------------------------------------- VENDOR i7 C BATCH PO.LI'E y�:, "` -sF �'a'� ;:J iy� F Ir' SIC_ DESCRIP-ICN AMOUNT A E------- - t-- egura%Deutschaan +i3,4-4538-40HP,, S,.gurauuet i 40118,1" B11624 41i12 01/18 93194 Grand Ave Landscape 5 Irr 252.?8 TOTAL DUE VENDOR --------% 2S2.00 Sieck.e,. 4arren C. foo,1-4553-5222 Sieck.etl 1 40118F A1i12 K/16 3888-4 Sig De 001-4553-5222 2 40118F 01112 01/18 3869-8 Design -Various Signal Design -Various 923.54 423.54 +2SO-45184412 45994 3 40118F 81'12 01/18 3090-12 Signal -Brea Cyn d Pathfdr 5,033,84 TOTAL DUE VENDOR --------i 6,456•9 Sir Speedy +841-4890-2118 SirSpeedy 3 48116H 41/12 41/16 13123 Stationary Supplies 1,348.18 +881-4890-2118 2 44118H 41112 01/18 13189 Stationary Supplies 171,56 +801-4818-2110 2 48118H 41!12 81116 13238 Stationary Suoplies 64.82 +881-4490-2114 4 40118H 81,112 01/18 13273 Stationary Supplies 125.48 TOTAL DUE VENDOR --------- 1,678,58 So Ca Assoc. of Code +801-4210-2315 SCACED 2 40118H 81/12 41116 Annual Membership -Flores 25.84 TOTAL DUE VENDOR --------) 25,04 So. Ca..]oint Powers +514-4618-7288 Ins. SCPIA 1 40118F 01/12 81118 1994 Auto 6 Prop Insur 2,643.88 TOTAL DUE VENDOR ---------? 2,643.08 Southwest Airlines SouthVest 441184 01112 01/18 Corporate Airline Tickets 1,818.08 81/16/94 808882/432 +081-4894-2399 1 TOTAL PREPAID AMOUNT TOTAL DUE VENDOR --------? 8.88 Southern Ca. Edison +081-4322-2126 SoCaEdison 1 481186 81/12 01118 Electric - Reagan Park. 588,16 TOTAL DUE VENDOR ---------- 580.16 Southern Ca. Edison +141-4541-2126 SoCaEdison 2 401166 41/12 41116 Electric - LLAD 141 39.27 TOTAL DUE VENDOR -------- 39.27 i i RUN 111F! 08:55- 7,J 7 9.'J .............:1_ VENDOR NAME VENDOR ID. ACCOUNT PRI F! -NO BATCH r -7. Tr O B �. u�.lu. PO.,.i, E N,,.,r'+ut IN`s3I;_E �.... Tr,- DES,-R1P,:iH - ------------------------------------------------------------------ AMOUNT DA'E ,,:Err: Ualnut Vly Water )ist WUWaterD:s +901-4322-2126 +001-4325-2126 ? { �.:t;l K. �1,i9 dater 3erv,ce-Reagan PK 82@,55 1 40 183 1 ,,, 9i:ic 01/18 Water Service-Siarshine 526.95 TOTAL DUE VENDOR --------; 1,347.59 Wells, 6regory 1=912 +991-3474 2 4;9!!8'0 @1/12 91;18 8894 Recreation o� keFund TOTAL DUE VENDOR --------j 40, 0p West Coast Arborist Inc. WCArbor +001-4555-5509 4 401186 011/2 01/18 Emergency Tree Svc 609.99 +981-4555-5509 +091-45ss-5599 3 401186 91112 91/18 8167 Tree Maintenance 1.030,00 +001-4555-5509 2 401186 1 491186 91/12 011"18 8168 Tree Maintenance 1,235.@0 91/12 91118 8169 Tree Removal 400.00 TOTAL DUE VENDOR --------i 3,265.@@ Whitehouse, Nancy Whitehouse +401-4210-4220 2 49118A 91/12 +11;18 Reimb-SPAC Mtg Suoplies 117.79 01/18/94 00002143: TOTAL PREPAID AMOUNT ----) 117.70 TOTAL DUE 'VENDOR --------> 0,00 Wright, Paul WriohtP +901-4010-4900 +991-4210-40F+0 2 401186 01112 91%18 Audio Visual Svcs -1/4/94 255.90 5 4911813 91 12 01118 Audio Visual Svcs -12/13 165.00 TOTAL DUE VENDOR --------j 420.09 YMCA YMCA +125-4215-2355 2 44118A 01/12 01118 CD86 Reimb-Nov Childcare 1,351.09 91/18i94 9000921411 TOTAL PREPAID AMOUNT TOTAL DUE VENDOR --------j 9.99 TOTAL PREPAID -----------j 7/.595.58 TOTAL DUE ---------------j 388,562.54 TOTAL REP3R-------------;, 466,158,12 U C nA�5 DUE TN0.............0L'18/94 ;ENDOR NAME �CCOCNT pROJ.T�'ND BA7CH PO.LIHE,`0. ENr9Y/DUE INVOICE DESCRIP�ION_________________________ AMOUNT D4TE �HB� _______________________________________ Tmwne Coo�er Travel 7�mpCente 4�118H 0i/12 0Ui8 Mty1/19-�nCtyA tMontgo�ry L16.�0 ��1'409�-2330 1 T0TAL DUE VENDOR -------- ---TrafUc TrafficOmtrnl S«c Inc' 2 rraiUcCo» 44116H AUD32 �U�2 W16 o�B62 Sad dleBr«ckpt S -Signa 47'49 � HN1-45SB� TOTAL DUE VENDOR ------> 47.49 USont +w"p4��2S 1 USSuriot �18G 44118G-2 �l/i2 8U\0 Eng Telephone SvcsU.43 TOTAL DUE VENDOR '----> L1.43 Unocal �@1-403A-�1* 7 �«o� 401�@ �1/Q 0U18 19�6 Fool ' City �r. 17: 67 �— — —' ��i�� 0�11� �� 0UQ �UL8 399 /8 Fuel- - City �p 21 49 — ' 4@1-4310-2310 7 40118G !02 01/0 99960 Rel - Parks I Rec 2V.04 TOTAL DUE ��-13R -----> 59.16 Ury, Donald UryD ��DUE � VENDOR----'> Walnut Vly Water rist #y0«ter0is 4�1�0S 0l/\2 01/18' Electric -Cos Sitp Sep -Dec 42 94 +0@1-440-21261 TOTAL 0E VENDOR ----> 42.94 Walnut Vly Water 6-2126 'hst 0VWatprUis 4 1 �110G 01/12 0U18 co'6� y Froj water �svi� ��1'4B TOTAL 0E VENDOR ----> 123.�N No1nut Vly Water DisL 0VW« esOis 4011,86 01/12 01/18 Water Ses icp-LlAU «41 9`687'4S +141-49+1-2126 3 TOTAL DUE 'VENDOR -----> 9`689.4s Walnut Vly Water Dist WYWabrDi* 3 4KU8G OU12 01/16 Water�� ia�lA0 �N v ' *138-4536-2126 TOTAL 0E VENDOR '--- 1S,04 - ��on P43E nUw TI^': �8/B �1.'.3'v� `J � � � E � R E FGmD SoT D li E r*pC.............�U��'=^ G/L G7 WI� GjE HAS pSST ED FUTURE TRA*S�TI[�S FUND____________T0TAL___�3I9E[T_PAv___9EVE�JE____EXP�BE____REVE��____E�PBNSE____VEv[NU[____EXBmEE_ 0A� .npral Fund 2Sv`"/ `�'u`4'7C 6,347.43 138 LLA :38 Fo 6`3*3 139 LU0 13P Fund2,474..A@ 12S CDES Fund Z.4740 1.#0.�� 11S Int Waste Mgmt F 112 Prop A-Transit F 6`138.84 227 Tra8ic Mit ee 76,908.*2 118 Air Quality In 29'20 13`06�.S7 141 LLAD 441 Fund .52.239.21 254 C.I.P. Fund 82,3R.21 2'643.0A 510 Self Insurance TOTAL ------ ------ ------- ------------ ------------ '-------- ------------ ------------ 391`619.0/ ALL FUNDS 466`1S6.12 73.674.B CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager PORT DATE: January 12, 1994 MEETING DATE: January 18, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Notice of Completion for the 1993-1994 Slurry Seal Improvement Program - Area Four. SUMMARY: The City Council, on September 21, 1993, awarded a slurry seal contract to Roy Allan Slurry Seal, Inc. for a total amount of $139,433.00. The work, including the necessary repair work, has been determined to be in accordance with the plans and specifications approved by the City. RECOMMENDATION: It is recommended that the City Council accept the work performed by Roy Allan Slurry Seal, Inc. and authorize the City Clerk to file the proper Notice of Completion and release any retention amounts per previously approved specifications. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinances(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications X Other (Notice of Completion) — Agreement(s) 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? — Yes X No 4. Has the report been reviewed by a Commission? —Yes X No Which Commission? Yes X No 5. Are other departments affected by the report? — Report discussed with the following affected departments: RE IEWED BY: errence L. JBelanger City Manager Frank M. fisher G rge A. Assistant City Manager In erim City CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Notice of Completion for the 1993-1994 Slurry Seal Improvement Program - Area Four. ISSUE STATEMENT File and submit urr Sealrecordation a Notice Improvement Program -oArea completion for the 1993-1994 y RECOMMENDATION: It is recommended that the City Council accept the work performed by Roy Allan Slurry Seal, Inc. and authorize the City Clerk to file the proper Notice of Completion. FINANCIAL SUMMARY: This process of filing Notice of Completion has no financial impact on the City's 1993-1994 budget. BACKGROUND/DISCUSSION: The City Council, at their regular meeting of September 21, 1993, awarded the contract for the 1993-1994 Slurry Seal Improvement Program to Roy Allan Slurry Seal, Inc., the lowest responsible bidder. The construction contract amount, including change an eS order Ro items; was $143,387.00. On December 14, 1993, y urry Seal, Inc., completed the slurry seal operation. Subsequently, all striping and clean-up work were completed on January 7, 1994. Staff has determined that the work is in accordance with the plans and specifications prepared and approved by the City. Prepared By: David G. Liu BY r' r� i� 4"� Rt:`RCS:: !MAIL TC IC tame City of Diamond Bar t're! 21660 E. Copley Dr., Ste. 100 Diamond Bar, CA 91765-4177 L Attn: City Clerk 'vk\\\\\\%/////////i..\\\\\i11I/INA► \►\►\1\�'� N SPACE ABOVE THIS LINE FOR RECORDERS USE NOTICE OF COMPLETION Nct,ce pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that 1 The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21660E Copley Drive, Ste. 100 Diamond Bar CA 91765-4177 4. The nature of the interest or estate of the owner is; In fee. (If other Iran fee. strike "In fee" and insert, for example. "purchaser under contract of purchase;' or "lessee") 5 The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6 A work of improvement an the property hereinafter described was completed on January 7- 1994 The work done was: The 1993-94 Slurry Seal Improvement Program — Area Four 1. The name of the contractor, if any, for such work of improvement was Roy Allan Slurry Seal, Inc. September 21, 1993 (If no contractor for work of improvement as a whole, insert "none".) (Date of Contract) 8. The property on which said work of Improvement was completed is in the city of Diamond Bar County of Los Angeles State of California, and is described as follows: 1993-94 Slurry Seal Improvement Program — Area Four 9. The street address of said property is None _ (If no street address has been officially assigned, insert "none".) Dated: Verification for Individual Owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Interim City Engineer the declarant of the foregoing ("President of", "Manager or", "A partner of", "Owner of". etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 19 (Date of signature.) (City where signed.) California. (Personal signature of the individual who is swearing that the contents of CI'T'Y OF DIAMOND BAR AGENDA REPORT AGENDA NO. `I TO Terrence L. Belanger, City Manager MEETING DATE January 18, 1994 REPORT DATE January 12, 1994 FROM: Joann M. Gitmed, Senior Accountant TITLE Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Audits for the fiscal years ended June 30, 1993 and 1992. SUMMARY: The City of Diamond Bar's Proposition A Local Return (Prop A), Proposition C Local Return (Prop C) and Transportation Development Act Funds (TDA) are required to be audited on an annual basis. The audit for fiscal year ended June 30, 1993 was completed in October 1993 by Simpson & Simpson, C.P.A. The final version of the audits were received in the City offices in January 1994 and are being presented to Council for their review. RECONIlVIII�TDATION: Receive, accept and file Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Fund Audit Reports for fiscal year ending June 30, 1993 and 1992. LIST OF ATTACHM13II TS: _ Staff Report _ Public Hearing Notification Resolution(s) Bid Specification (on file in City Clerk's Office) _ Ordinances(s) XX Other (Copies of Respective Audits) _ Agreement(s) EKTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes XX No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes XX No 4. Has the report been reviewed by a Commission? _ Yes XX No Which Commission? 5. Are other departments affected by the report? _Yes XX No Report discussed with the following affected departments: TB erre"nceL.Belanger Frank M. Usher Linda Magnus n City Manager Assistant City Manager Accounting Manager W -13 C•' �-ITAJ DO NEW IN a "I I AGENDA NO. TO. Terrence L. Belanger, City Manager MELTING DATE January 18, 1994 REPORT DATE January 12, 1994 FROM: Joann M. Gitmed, Senior Accountant TITLE Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Audits for the fiscal years ended June 30, 1993 and 1992. SUMMARY: The City of Diamond Bar's Proposition A Local Return (Prop A), Proposition C Local Return (Prop C) and Transportation Development Act Funds (TDA) are required to be audited on an annual basis. The audit for fiscal year ended June 30, 1993 was completed in October 1993 by Simpson & Simpson, C.P.A. The final version of the audits were received in the City offices in January 1994 and are being presented to Council for their review. RECOMMENDATION: Receive, accept and file Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Fund Audit Reports for fiscal year ending June 30, 1993 and 1992. LIST OF ATTACFIMENTS: _ Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBLUION: SUBMITTAL CIT-CKL.IST: _ Public Hearing Notification. Bid Specification (on file in City Clerk's Office) X_X Other (Codes of Respective Audits) 1. Has the resolution, ordinance or agreement been reviewed _ Yes XX No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes XX No 4. Has the report been reviewed by a Commission? _ Yes XX No Which Commission? 5. Are other departments affected by the report? _ Yes XX No Report discussed with the following affected departments: BY• errence L. Belanger Frank M. Usher Linda Magnus n, City Manager Assistant City Manager Accounting Manager CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE PROPOSITION A LOCAL RETURN FUND FOR THE FISCAL YEARS ENDED JUNE 30, 1993 AND 1992 t'� � i awn CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT PROPOSITION A LOCAL RETURN FUND For The Fiscal Years Ended June 30, 1993 and 1992 TABLE OF CONTENTS Paqe FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet 5 Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual 6 Notes to Financial Statements 7 COMPLIANCE SECTION Independent Auditor's Report - Project Compliance 0 SUPPLEMENTAL INFORMATION Exhibit 1 - Schedule of Expenditures- Actual and LACMTA - Approved Project Budget 11 Exhibit 1A - Schedule of Fixed Assets 12 Exhibit 2 - Exit Conference 13 2 FINANCIAL SECTION irk son S /M/( son / CERTIFIED FUELIC ACCOUNTANTS IV%1()R PARTNFRS Brainard C. >uu,P—,_, ':A Carl P Simp—n.0�� F-cdenck A. Simpson. CPA November 10, 1993 INDEPENDENT AUDITOR'S REPORT To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARCI. SUITE -50 LOS ANGEE-ES CALIFORNIA 90036 TELEPHONE (213) 938-3324 FAX 1213) 930.0665 We have audited the balance sheets of the Proposition A Local Return Fund of the City of Diamond Bar (City) as of June 30, 1993 and 1992, and the accompanying statements of revenue, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Proposition A Local Return Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Proposition A Local Return Fund of the City as of June 30, 1993 and 1992, and the results of its operations and changes in the fund balance for the years then ended, in conformity with the Los Angeles County Metropolitan Transportation Authority (LACMTA), Proposition A Local Return Return Program Guidelines. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and LACMTA and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City Council and LACMTA, is a matter of public record. 4 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND BALANCE SHEET June 30 1993 1992 ASSETS Cash $ 495,592 $ 500,548 LACMTA Receivable -0- 43,341 Interest Receivable -0- 148 Total Assets $ 495,592 $ 544,037 LIABILITIES AND FUND BALANCE Liabilities Vouchers Payable $ 1,719 $ 13,228 Accrued Payroll 43 16 Total Liabilities 1,762 13,244 Fund Balance Restricted 493,830 530,793 Total Fund Balance 493,830 530,793 Total Liabilities and Fund Balance $ 495,592 $ 544,037 The notes are an integral part of the financial statements. 5 CITY Of DIAMOND BAR PROPOSITION A LOCAL RETURN FUND STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1993 (With Comparative Totals for the Fiscal Year Ended June 30, 1992) Revenue Proposition A (Note 4) Proposition A Incentive Interest Income (Note 5) Total Revenue Expenditures Various Projects (Exhibit 1) Total Expenditures Excess (Deficit) of Revenue Over Expenditures Fund Balance at Beginning of Year Fund Balance at End of Year Budget $ 500,000 -0- 7,000 507,000 819,160 819,160 Actual $ 536,588 -0- 23,346 559,934 596,895 596,895 Variance Favorable (Un- favorable $ 36,588 -0- 16,346 52,934 222,265 222,265 1992 Actual $ 509,675 3,451 33,416 546,542 474,129 474,129 (312,160) (36,961) 275,199 72,413 530,793 530,793 -0- 458,380 $ 218,633 $ 493,832 $ 275,199 $ 530,793 The notes are an integral part of the financial statements. 6 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting The operations of the fund are accounted for in separate sets of self -balancing accounts that comprise its assets, liabilities, fund balance, revenue and expenditures. The fund accounts for the City's share of the 1/2% Proposition A Local Return allocations which are legally restricted for specific purposes. Basis of Accounting The Proposition A Local Return Fund (PALRF) is accounted for in the Proposition A Fund, a Special Revenue Fund using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budgets and Budgetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of operations and compliance with the Proposition A Local Return Program Guidelines published by the Los Angeles County Metropolitan Transportation Authority for the Proposition A Local Return Fund only. NOTE 3 - PROPOSITION A LOCAL RETURN COMPLIANCE REQUIREMENT In accordance with Proposition A Local Return Program Guidelines, funds received pursuant to these co a sections may only be used for Proposition A Local Return Programs. NOTE 4 - PROPOSITION A REVENUE Proposition A revenue is the following: 1993 1992 Proposition A Local Return Fund $ 536,588 $ 509,675 NOTE 5 - REVENUE - INTEREST The PALRF cash balance was pooled with various other City funds for deposit and investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned to the participating funds based on the relationship of their average monthly balance to the total of their pooled cash and investments. 7 COMPLIANCE SECTION 11 son 575C WILSHIRE BOULEVARD Sd'T�''_3d 17 C�� LOS ANGELES. CALIFORNIA 90p35 {/ � TELEPHONE (213) 938-3324 CERTIFIED PUBLIC ACCOUNTANTS FAX f213) 930-0665 SEIJCR PAR -%FR, Br Fera C —'P, "_PA GFI P �,uq,, n. _P1 Fr -a, a A. Simpson. _P9 INDEPENDENT A UDITOR'S REPORT November 10, 1993 To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheets and statements of revenue, expenditures, and changes in fund balance of Proposition A Local Return Funds of the City of Diamond Bar (City) for the years ended June 30, 1993 and 1992, and have issued our report thereon dated November 10, 1993. Our audits were made in accordance with generally accepted auditing standards; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the Proposition A Local Return Guidelines (revised June 1988); and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary under the circumstances. The management of the City is responsible for the City's compliance with the laws and regulations of LACMTA and the Proposition A Local Return Guidelines. The following projects were reviewed and tested: Program Promotion E & D Transit Administration - Brea Phase I Transportation Planning - Brea Phase II Recreation Transit (Hol Shuttle) Commuter Shuttle Pub/Mrktg - Ranch Festival Transportation Planning - Brea Phase I Recreational Transit - Ranch Festival Recreation Transit Fund Exchange (Pasadena) Senior Transportation Planner Community Circulator Based on our audits, we found that, for the items tested, the City complied with the laws and regulations governing the projects listed above. Further, based on our audits, for the items not tested, nothing came to our attention to indicate that the City had not complied with the laws and regulations governing the projects. This report isintended solely for the use of the City and LACMTA and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City Council and LACMTA, is a matter of public record. 9 SUPPLEMENTAL INFORMATION 10 EXHIBIT 1 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND LACMTA APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 1993 (With Comparative Actual Amounts for Fiscal Year Ended June 30, 1992) Project 1992 Code Prosect Name 01-125 Project Promotion 03-103 E & D Transit 01-180 Admin. - Brea Phase 1 03-121 Transit Planning - Brea (Over) Phase 1) 02-105 Recreational Transit 03-121 Transit Planning. - Brea Phase II 01-121 Rec. Transit (Hol Shuttle) 02-121 Transit Ping. (Coalition) 01-200 Recreation Transit - 12,413 Ranch Festival 02-121 Sr. Trans. (Planner) 01-190 Fund Exchange 3,740 (Pasadena) 01-121 Community Circulator 01-104 Commuter Shuttle 03-121 Pub./Mrktg - Ranch Fes. Total Expenditures $ 819,160 $ 596,895 $ 222,265 $ 474,129 Produced three newsletters instead of four. Not all bills for 1992/93 were received in time for posting to 1992/93 fiscal year. Project was completed in fiscal year 1991/92. Ongoing project. Came in under budget. Project canceled. Project came in under budget. Project overlapped fiscal years (1992/93 and 1993/94). 11 1992 Variance LACMTA (Over) 1992 Budget Actual Under Actual $ 4,000 $ 3,000 $ 1,000 (1) $ 2,000 50,000 12,413 37,587 (2) 23,470 3,740 -0- 3,740 (3) 270 22,000 22,000 -0- 375 50,000 9,178 40,822 (4) 3,017 23,000 -0- 23,000 (5) -0- 27,000 18,971 8,029 (6) 17,020 -0- -0- -0- 2,684 6,345 6,345 -0- 3,523 65,000 -0- 65,000 (5) -0- 500,000 500,000 -0- 400,000 45,200 23,653 21,547 (6) 21,770 22,500 1,066 21,434 (7) -0- 375 269 106 (6) -0- $ 819,160 $ 596,895 $ 222,265 $ 474,129 Produced three newsletters instead of four. Not all bills for 1992/93 were received in time for posting to 1992/93 fiscal year. Project was completed in fiscal year 1991/92. Ongoing project. Came in under budget. Project canceled. Project came in under budget. Project overlapped fiscal years (1992/93 and 1993/94). 11 Date Acouired Description None Tota I CITY Of DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 1993 Balance 7/1/92 $ -0- $ Additions -0- $ -XHiB T Balance Deletions @ 6/30/93 -0- $ -0- -0- $ -0- $ -0- $ -0- 12 EXHIBIT 2 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND EXIT CONFERENCE June 30, 1993 An exit conference was held on December 1, 1993 at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Hasmik Yacoubian, Auditor City's Representative: Joann M. Gitmed, Senior Accountant Matters Discussed: Results of the audit. 13 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE PROPOSITION C LOCAL RETURN FUND FOR THE FISCAL YEARS ENDED JUNE 30, 1993 AND 1992 tr1'S°'t S iron CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT PROPOSITION C LOCAL RETURN FUND For The Fiscal Years Ended June 30, 1993 and 1992 TABLE OF CONTENTS FINANCIAL SECTION Page Independent Auditor's Report 4 Balance Sheet 5 Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual 6 Notes to Financial Statements 7 COMPLIANCE SECTION Independent Auditor's Report - Project Compliance 01 SUPPLEMENTAL INFORMATION Exhibit 1 - Schedule of Expenditures- Actual and LACMTA Approved Project Budget 11 Exhibit 1A - Schedule of Fixed Assets 12 Exhibit 2 - Exit Conference 13 FINANCIAL SECTION ir7son ison CERTIFIED PUBLIC ACCOUNTANTS SENIOR PARTNERS Brainard C. gimp—n. LLPX Irl P � P,-, L f A F, d -,k A R -p, n, 1.P� A November 10, 1993 INDEPENDENT AUDITOR'S REPORT To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 'WILSHIRE BOULEVARD SUITE 236 LOS ANGELES. CALIFORNIA 90C36 TELEIHONE (213) 9383324 FAX (213) 930-0665 We have audited the balance sheets of the Proposition C Local Return Fund o; the City of Diamond Bar (City) as of June 30, 1993 and 1992, and the accompanying statements of revenue, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Proposition C Local Return Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Proposition C Local Return Fund of the City as of June 30, 1993 and 1992, and the results of its operations and changes in the fund balance for the years then ended, in conformity with the Los Angeles County Metropolitan Transportation Authority (LACMTA), Proposition C Local ReturnLocal Return Program Guidelines. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audit of the statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the informatio and it should not be used for any other purpose limit the distribution of this report, which, upon LACMTA, is a matter of public record. 4 i and use of the City and LACMTA This restriction is not intended to acceptance by the City Council and CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND BALANCE SHEET June 30 ASSETS Cash LACMTA Receivable Total Assets LIABILITIES AND FUND BALANCE Liabilities Accounts Payable Total Liabilities Fund Balance Restricted Total Fund Balance Total Liabilities and Fund Balance 1993 1992 $ 870,615 $ -0- 42,814 462,594 $ 913,429 $ 462,594 $ -0- $ -0- -0- -0- 913,429 462,594 913,429 462,594 $ 913,429 $ 462,594 The notes are an integral part of the financial statements. 5 CITY Of DIAMOND BAR PROPOSITION C LOCAL RETURN FUND STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Years Ended June 30, 1993 and 1992 Revenue Proposition C (Note 4) Interest Income (Note 5) Project Generated Total Revenues Expenditures Various Projects (Exhibit 1) Total Expenditures Excess (Deficit) of Revenue Over Expenditures Fund Balance at Beginning of Year Fund Balance at End of Year The notes are an integral part of the financial statements. [:i Variance Favorable (Un- 1992 Budget Actual favorable) Actual $ -0- $ 422,365 $ 422,365 $ 462,594 -0- 28,470 28,470 -0- -0- -0- -0- -0- -0- 450,835 450,835 462,594 -0- -0- -0- -0- -0- -0- -0- -0- -0- 450,835 450,835 462,594 -0- 462,594 462,594 -0- -0- $ 913,429 $ 913,429 $ 462,594 The notes are an integral part of the financial statements. [:i CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting The operations of the fund are accounted for in separate sets of self -balancing accounts that comprise its assets, liabilities, fund balance, revenue and expenditures. The fund accounts for the City's share of the 1/2% Proposition C Local Return allocations which are legally restricted for specific purposes. Basis of Accounting The Proposition C Local Return Fund (PCLRF) is accounted for in a Special Revenue Fund, using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budgets and Budgetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of operations and compliance with the Proposition C Local Return Program Guidelines published by LACMTA for the Proposition C Local Return Fund only. NOTE 3 - PROPOSITION C LOCAL RETURN COMPLIANCE REQUIREMENT In accordance with Proposition C Local Return Program Guidelines, funds received pursuant to these code sections may only be used for Proposition C Local Return Programs. NOTE 4 - PROPOSITION C REVENUE Proposition C revenue is the following: 1993 1992 Proposition C Local Return Fund $ 422,365 $ 462,594 NOTE 5 - REVENUE - INTEREST The PCLRF cash balance was pooled with various other City funds for deposit and investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned to the participating funds based on the relationship of their average monthly balances to the total of the pooled cash and investments. `l COMPLIANCE SECTION , son CERTIFIFE PUBLIC ACCOUNTANTS SENIOR PARTNE'S Brainard C- —P.,, , PA Carl P Simpson CP. -A Fr,de k A. Simpson CPA November 10, 1993 i5pson INDEPENDENT AUDITOR'S REPORT To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BCULE /ARC SUITE 295 LOS ANGELES. CALIFORNIA 90036 TELEPHCNE (213) 938-3324 FAX i2r3) 930-0665 We have audited the balance sheets and statements of revenue, expenditures, and changes in fund balance of Proposition C Local Return Funds of the City of Diamond Bar (City) for the years ended June 30, 1993 and 1992, and have issued our report thereon dated November 10, 1993. Our audit was made in accordance with generally accepted auditing standards; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the Proposition C Local Return Guidelines (adopted April 1992); and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary under the circumstances. The management of the City is responsible for the City's compliance with the laws and regulations of LACMTA and the Proposition C Local Return Guidelines. The following projects were reviewed and tested: None Based on our audit, we found that, for the items tested, the City complied with the laws and regulations governing the projects listed above. Further, based on our audit, for the items not tested, nothing came to our attention to indicate that the City had not complied with the laws and regulations governing the projects. This report is intended solely for the use of the City and LACMTA and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City Council and LACMTA, is a matter of public record. 9 SUPPLEMENTAL INFORMATION 10 EXr�BIT CITY Of DIAMOND BAR PROPOSITION C LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND LACMTA APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 1993 (With Comparative Actual Amount for Fiscal Year Ended June 30, 1992) Project Code Proiect Name None Total Expenditures 1993 Variance LACMTA (Over) Budget Actual Under $ -0- $ -0- $ -0- $ -0- $ -0- $ -0- 11 1992 Actual $ -0- -0- CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 1993 Date Balance Balance Acquired Description @ 7/1/92 Additions Deletions @ 6/30/93 None $ $ $ $ Total $ -0- $ -0- $ -0- $ -0- 12 EXHIBIT 2 CITY Of DIAMOND BAR PROPOSITION C LOCAL RETURN FUND EXIT CONFERENCE June 30, 1993 An exit conference was held on December 1, 1993 at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Hasmik Yacoubian, Auditor City's Representative: Joann Gitmed, Senior Accountant Matters Discussed: Results of the audit_ 13 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE TRANSPORTATION DEVELOPMENT ACT FUND FOR THE FISCAL YEARS ENDED JUNE 30, 1993 AND 1992 Zm (S, irr�son CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT TRANSPORTATION DEVELOPMENT ACT FUND For The Fiscal Years Ended June 30, 1993 and 1992 TABLE OF CONTENTS Paqe FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet - Section 99234 5 Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual - Section 99234 6 Notes to Financial Statements SUPPLEMENTAL INFORMATION Schedule of Transportation Development Act Allocation for Specific Projects 10 Schedule of Completed Projects COMPLIANCE SECTION Independent Auditor's Report on Transportation Development Act Compliance Exit Conference 2 11 13 14 FINANCIAL SECTION ,T son CERTIFIEC PUBLIC ACCOUNTANTS SENIOR PART'JEI S Cari P Snpson_CFA F,k—n A.';-Pon.CPA November 10, 1993 upson INDEPENDENT AUDITOR'S REPORT To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARD. S61 TE 256 LOS ANGELES. CALIFORNIA 90036 TELEPHONE (213) 938-3324 FAX (213) 930-0665 We have audited the balance sheets of the Transportation Development Act Fund of the City of Diamond Bar (City) as of June 30, 1993 and 1992, and the related statements of revenue, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Transportation Development Act Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the financial statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Transportation Development Act Fund of the City as of June 30, 1993 and 1992, and the results of its operations and changes in the fund balance for the years then ended in conformity with generally accepted accounting principles. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and the Los Angeles County Metropolitan Transportation Authority (LACMTA) and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City Council and LACMTA, is a matter of public record. 4 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND BALANCE SHEET Pertaining to Section 99234 of the Public Utilities Code June 30 1993 1992 ASSETS Cash (Note 3) $ 154,686 $ 20,270 TDA Receivable 1,539 111,507 Total Assets $ 156,225 $ 131,777 LIABILITIES AND FUND BALANCE Liabilities Liabilities $ -0- $ -0- Deferred Revenue (Note 5) 98,000 98,000 Total Liabilities 98,000 98,000 Fund Balance Restricted 58,225 33,777 Total Fund Balance 58,225 33,777 Total Liabilities and Fund Balance $ 156,225 $ 131,777 The notes are an integral part of the financial statements. 5 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1993 (With Comparative Totals for the Fiscal Year Ended June 30, 1992) 1993 Variance Favorable Un- 1992 Budget Actual favorable) Actual Revenues Intergovernmental Allocations; Article 3 Local $ -0- $ 18,464 $ 18,464 $ 13,507 Miscellaneous: Interest -0- 5,984 5,984 1,152 Total Revenues -0- 24,448 24,448 14,659 Expenditures Construction -0- -0- -0- -0- Total Expenditures -0- -0- -0- Excess (Deficit) of Revenues Over Expenditures -0- 24,448 24,448 14,659 Fund Balance at Beginning of Year 33,777 33,777 -0- 19,118 Fund Balance at End of Year $ 33,777 $ 58,225 $ 24,448 $ 33,777 The notes are an integral part of the financial statements. 6 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting Section 99234 Funds of the Transportation Development Act are commingled with other City monies in the Gas Tax Fund. The Gas Tax Fund accounts for the City's share of the Transportation Development Act allocations which are legally restricted for specific purposes. Basis of Accounting The Gas Tax Fund is accounted for by using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budgets and Budoetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. Comparative Data Comparative total data for the prior year are presented in the accompanying financial statements in order to provide an understanding of the changes in the fund's financial position and its operations. NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of its operations and compliance with the Transportation Development Act for the Transportation Development Act Fund only. NOTE 3 - CASH AND INVESTMENTS Cash is pooled to maximize investment opportunities and yields. Investment income resulting from this pooling is allocated to the respective funds including the Transportation Development Act Fund, based upon their average monthly cash balances. NOTE 4 - TRANSPORTATION DEVELOPMENT ACT COMPLIANCE REQUIREMENTS In accordance with Section 99234 Article 3 of the Public Utilities Code, funds received pursuant to this code's section may only be used for facilities provided for the exclusive use by pedestrians and bicycles. NOTE 5 - DEFERRED REVENUEIFUND RECLASSIFICATION The Los Angeles County Metropolitan Transportation Authority (LACMTA) have established policy for Article 3 regional allocations approved for regional programs. In the 1989-90 fiscal year, claimants must expend or encumber regional allocations received within three years after the fiscal year of allocation for construction projects and one year after the fiscal year of allocation for maintenance projects. N CITY Of DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS (Continued) In accordance with LACMTA's Article 3 policy for regional allocations, all unexpended and/or unencumbered Article 3 funds are to be deferred or refunded to the Local Transportation Fund - County of Los Angeles. Article 3 local allocations are not subject to the above policy. In accordance with the LACMTA's policy, the unexpended Article 3 activities at year end are calculated as follows: Beginning Balance Add: Article 3 Allocations Interest Income Total Available Less: Construction Total Expenditures Ending Balance June 30, 1993 June 30, 1992 Deferred Fund Deferred Fund Revenues Balance Revenues Balance $ 98,000 $ 33,777 $ -0- $ 19,118 -0- -0- -0- -0- -0- $ 98,000 18,464 5,984 58,225 -0- -0- $ 58,225 0 98,000 -0- 98,000 -0- -0- $ 98,000 13,507 1,152 33,777 -0- -0- $ 33,777 SUPPLEMENTAL INFORMATION CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF TRANSPORTATION DEVELOPMENT ACT ALLOCATION FOR SPECIFIC PROJECTS For the Fiscal Year Ended June 30, 1993 Proiect Description Regional Allocations: Sidewalk - Bikeway Local Allocations: Sidewalk - Bikeway Sidewalk - Bikeway Sidewalk - Bikeway Totals Unexpended Interest Accumulated to Date: Regional Local Unexpended Article 3 Balance, 6/30/93 Unexpended Article Balance Distributed: Deferred Revenue (Note 5) Fund Balance (Note 5) Unexpended Article 3 Balance, 6/30/93 Totals to Date Program Unexpended Project Year Allocations Expenditures Allocations Status 1991/92 $ 98,000 $ -0- $ 98,000 Open 1990/91 18,709 -0- 18,709 Open 1991/92 13,507 -0- 13,507 Open 1992/93 18,464 -0- 18,464 Open $ 148,680 $ -0- 148,680 10 -0- 7,545 $ 156,225 $ 98,000 58,225 $ 156,225 CITY Of DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND Project Description None Totals SCHEDULE OF COMPLETED PROJECTS For the Fiscal Year Ended June 30, 1993 11 Totals Allocations Expenditures $ -0- $ -0- $ -0- $ -0- COMPLIANCE SECTION 12 S u7 �//[A/� son s 5750 WILSHIRE BOULEVARD, SUITE 236 Z son LOS ANGELES. CALIFORNIA 90036 u7 TELEPHONE (213) 938-3326 CERTIFIED PUBLIC ACCOUNTANTS FAX (213) 930-0665 Scc"NIOR PARTNE 75 Brainard C �,mp—n SRA Carl P SIMP-n CPA Frederick A_ Simpcnn CPA REPORT ON TRANSPORTATION DEVELOPMENT ACT COMPLIANCE November 10, 1993 To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheets and statements of revenue, expenditures, and changes in fund balance of the Transportation Development Act Funds of the City of Diamond Bar (City) for the years ended June 30, 1993 and 1992, and have issued our report thereon dated November 10, 1993. Our audits were made in accordance with generally accepted auditing standards and were further made to determine compliance with the Transportation Development Act (TDA); including Section 99234; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the 16 tasks contained in the "Guidelines on Auditing for Conformance", published by LACMTA; and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. Among the items considered, were determination of eligibility of the City to receive funds allocated to it and propriety of expenditures in accordance with TDA and the regulations of LACMTA. In our opinion, our evaluation of compliance factors disclosed that the funds allocated to the City under TDA were accounted for and expended in conformance with TDA and the rules and regulations of LACMTA. This report is intended solely for the use of the City and LACMTA and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City Council and LACMTA, is a matter of public record. 13 CITY Of DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND EXIT CONFERENCE June 30, 1993 An exit conference was held on November 24, 1993, at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Hasmik Yacoubian, Auditor City's Representative: Joan Gitmed, Senior Accountant Matters Discussed: Results of the audit. 14 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE PROPOSITION LOCAL RETURN FUND FOR THE FISCAL YEARS ENDED JUNE 30, 1993 AND 1992 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT PROPOSITION A LOCAL RETURN FUND For The Fiscal Years Ended June 30, 1993 and 1992 TABLE OF CONTENTS Page FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet 5 Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual 6 Notes to Financial Statements COMPLIANCE SECTION Independent Auditor's Report - Project Compliance 7 0 SUPPLEMENTAL INFORMATION Exhibit 1 - Schedule of Expenditures- Actual and LACIVITA - Approved Project Budget 11 Exhibit 1A - Schedule of Fixed Assets 12 Exhibit 2 - Exit Conference 13 6 FINANCIAL SECTION .S son zm son � CERTIFIED PUBLIC ACCOUNTANTS SENIOR PARTNERS Brainard C. Simpson, CPA INDEPENDENT A UDITOR'S REPORT Carl P Simpson, CPA Frederick A. Simpson, CPA November 10, 1993 To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARD, SUITE 286 LOS ANGELES, CALIFORNIA 90036 TELEPHONE (213) 938-3324 FAX (213) 930-0665 We have audited the balance sheets of the Proposition A Local Return Fund of the City of Diamond Bar (City) as of June 30, 1993 and 1992, and the accompanying statements of revenue, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Proposition A Local Return Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Proposition A Local Return Fund of the City as of June 30, 1993 and 1992, and the results of its operations and changes in the fund balance for the years then ended, in conformity with the Los Angeles County Metropolitan Transportation Authority (LACMTA), Proposition_ A Local Return Program Guidelines. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and LACMTA and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City Council and LACMTA, is a matter of public record. 4 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND BALANCE SHEET June 30 ASSETS Cash LACMTA Receivable Interest Receivable Total Assets LIABILITIES AND FUND BALANCE Liabilities Vouchers Payable Accrued Payroll Total Liabilities Fund Balance Restricted Total Fund Balance Total Liabilities and Fund Balance 1993 $ 495,592 -0- -0- $ 495,592 $ 1,719 43 1,762 493,830 493,830 $ 495,592 1992 $ 500,548 43,341 148 $ 544,037 $ 13,228 16 13,244 530,793 530,793 $ 544,037 The notes are an integral part of the financial statements. 5 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1993 (With Comparative Totals for the Fiscal Year Ended June 30, 1992) The notes are an integral part of the financial statements. Variance Favorable Budget Actual (Un- favorable) 1992 Actual Revenue Proposition A (Note 4) $ 500,000 $ 536,588 $ 36,588 $ 509,675 Proposition A Incentive -0- -0- -0- 3,451 Interest Income (Note 5) 7,000 23,346 16,346 33,416 Total Revenue 507,000 559,934 52,934 546,542 Expenditures Various Projects (Exhibit 1) 819,160 596,895 222,265 474,129 Total Expenditures 819,160 596,895 222,265 474,129 Excess (Deficit) of Revenue Over Expenditures 312160 36961 275,199 72,413 Fund Balance at Beginning of Year 530,793 530,793 -0- 458,380 Fund Balance at End of Year $ 218,633 $ 493,832 $ 2751199 $ 530,793 The notes are an integral part of the financial statements. CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting The operations of the fund are accounted for in separate sets of self -balancing accounts that comprise itsassets, liabilities, fund balance, revenue and expenditures. The fund accounts for the City's share of the 1/2% Proposition A Local Return allocations which are legally restricted for specific purposes. Basis of Accounting The Proposition A Local Return Fund (PALRF) is accounted for in the Proposition A Fund, a Special Revenue Fund using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budgets and Budgetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of operations and compliance with the Proposition A Local Return Program Guidelines published by the Los Angeles County Metropolitan Transportation Authority for the Proposition A Local Return Fund only. NOTE 3 - PROPOSITION A LOCAL RETURN COMPLIANCE REQUIREMENT In accordance with Proposition A tocai Return Program Guideiines, funds received pursuant to these code sections may only be used tor Proposition A Local Return Programs. NOTE 4 - PROPOSITION A REVENUE Proposition A revenue is the following: 1993 1992 Proposition A Local Return Fund $ 536,588 $ 509,675 NOTE 5 - REVENUE - INTEREST The PALRF cash balance was pooled with various other City funds for deposit and investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned to the participating funds based on the relationship of their average monthly balance to the total of their pooled cash and investments. `1 COMPLIANCE SECTION .S son ��' S,�-pson CERTIFIED PUBLIC ACCOUNTANTS SENIOR PARTNERS Brainard C. Simpson, CPA Carl E Simpson, CPA Frederick A. Simpson, CPA November 10, 1993 INDEPENDENT AUDITOR'S REPORT To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARD, SUITE 286 LOS ANGELES, CALIFORNIA 90036 TELEPHONE (213) 938-3324 FAX (213) 930-0665 We have audited the balance sheets and statements of revenue, expenditures, and changes in fund balance of Proposition A Local Return Funds of the City of Diamond Bar (City) for the years ended June 30, 1993 and 1992, and have issued our report thereon dated November 10, 1993. Our audits were made in accordance with generally accepted auditing standards; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the Proposition A Local Return Guidelines (revised June 1988); and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary under the circumstances. The management of the City is responsible for the City's compliance with the laws and regulations of LACMTA and the Proposition A Local Return Guidelines. The following projects were reviewed and tested: Program Promotion E & D Transit Administration - Brea Phase I Transportation Planning - Brea Phase II Recreation Transit (Hol Shuttle) Commuter Shuttle Pub/Mrktg - Ranch Festival Transportation Planning - Brea Phase I Recreational Transit - Ranch Festival Recreation Transit Fund Exchange (Pasadena) Senior Transportation Planner Community Circulator Based on our audits, we found that, for the items tested, the City complied with the laws and regulations governing the projects listed above. Further, based on our audits, for the items not tested, nothing came to our attention to indicate that the City had not complied with the laws and regulations governing the projects. This report is intended solely for the use of the City and LACMTA and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City Council and LACMTA, is a matter of public record. 1 4 SUPPLEMENTAL INFORMATION 10 EXHIBIT 1 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND LACMTA APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 1993 (With Comparative Actual Amounts for Fiscal Year Ended June 30, 1992) 1992 Total Expenditures $ 819,160 $ 596,895 $ 222,265 $ 474,129 (1) Produced three newsletters instead of four. (2) Not all bills for 1992/93 were received in time for posting to 1992/93 fiscal year. (3) Project was completed in fiscal year 1991/92. (4) Ongoing project. Came in under budget. (5) Project canceled. (6) Project came in under budget. (7) Project overlapped fiscal years (1992/93 and 1993/94). 11 Variance Project LACMTA (Over) 1992 Code Project Name Budget Actual Under Actual 01-125 Project Promotion $ 4,000 $ 3,000 $ 1,000 (1) $ 2,000 03-103 E & D Transit 50,000 12,413 37,587 (2) 23,470 01-180 Admin. - Brea Phase 1 3,740 -0- 3,740 (3) 270 03-121 Transit Planning - Brea 22,000 22,000 -0- 375 Phase 1) 02-105 Recreational Transit 50,000 9,178 40,822 (4) 3,017 03-121 Transit Planning. - Brea 23,000 -0- 23,000 (5) -0- Phase II 01-121 Rec. Transit (Hol Shuttle) 27,000 18,971 8,029 (6) 17,020 02-121 Transit Ping. (Coalition) -0- -0- -0- 2,684 01-200 Recreation Transit - 6,345 6,345 -0- 3,523 Ranch Festival 02-121 Sr. Trans. (Planner) 65,000 -0- 65,000 (5) -0- 01-190 Fund Exchange 500,000 500,000 -0- 400,000 (Pasadena) 01-121 Community Circulator 45,200 23,653 21,547 (6) 21,770 01-104 Commuter Shuttle 22,500 1,066 21,434 (7) -0- 03-121 Pub./Mrktg - Ranch Fes. 375 269 106 (6) -0- Total Expenditures $ 819,160 $ 596,895 $ 222,265 $ 474,129 (1) Produced three newsletters instead of four. (2) Not all bills for 1992/93 were received in time for posting to 1992/93 fiscal year. (3) Project was completed in fiscal year 1991/92. (4) Ongoing project. Came in under budget. (5) Project canceled. (6) Project came in under budget. (7) Project overlapped fiscal years (1992/93 and 1993/94). 11 Date Acquired Description None Total CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 1993 Balance 7/1/92 Additions $ -0- $ -0- $ EXHIBIT IA Balance Deletions @ 6/30/93 -0- $ -0- $ -0- $ -0- $ -0- $ -0- 12 EXHIBIT 2 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND EXIT CONFERENCE June 30, 1993 An exit conference was held on December 1, 1993 at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Hasmik Yacoubian, Auditor City's Representative: Joann M. Gitmed, Senior Accountant Matters Discussed: Results of the audit. 13 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE PROPOSITION C LOCAL RETURN FUND FOR THE FISCAL YEARS ENDED JUNE 30, 1993 AND 1992 �Z/Tsm SSirr�son CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT PROPOSITION C LOCAL RETURN FUND For The Fiscal Years Ended June 30, 1993 and 1992 TABLE OF CONTENTS Page FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet 5 Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual 6 Notes to Financial Statements 7 COMPLIANCE SECTION Independent Auditor's Report - Project Compliance 9 SUPPLEMENTAL INFORMATION Exhibit 1 - Schedule of Expenditures- Actual and LACMTA Approved Project Budget 11 Exhibit 1A - Schedule of Fixed Assets 12 Exhibit 2 - Exit Conference 13 2 FINANCIAL SECTION 47sonItTvson CERTIFIED PUBLIC ACCOUNTANTS SENIOR PARTNERS Brainard C. Simpson, C PA Cad E Simpson, CPA INDEPENDENT AUDITOR'S REPORT Frederick A. Simpson, CPA November 10, 1993 To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARD. SUITE 286 LOS ANGELES. CALIFORNIA 90036 TELEPHONE (213) 938-3324 FAX (213) 930-0665 We have audited the balance sheets of the Proposition C Local Return Fund of the City of Diamond Bar (City) as of June 30, 1993 and 1992, and the accompanying statements of revenue, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Proposition C Local Return Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Proposition C Local Return Fund of the City as of June 30, 1993 and 1992, and the results of its operations and changes in the fund balance for the years then ended, in conformity with the Los Angeles County Metropolitan Transportation Authority (LACMTA), Proposition C Local Return Program Guidelines. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audit of the statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and LACMTA and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City Council and LACMTA, is a matter of public record. 4 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND BALANCE SHEET June 30 ASSETS Cash LACMTA Receivable Total Assets LIABILITIES AND FUND BALANCE Liabilities Accounts Payable Total Liabilities Fund Balance Restricted Total Fund Balance Total Liabilities and Fund Balance 1993 $ 870,615 42,814 $ 913,429 1992 $ -0- 462,594 $ 462, 594 $ -0- $ -0- -0- -0- 913,429 462,594 913,429 462,594 $ 913,429 $ 462,594 The notes are an integral part of the financial statements. A CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Years Ended June 30, 1993 and 1992 Revenue Proposition C (Note 4) Interest Income (Note 5) Project Generated Total Revenues Expenditures Various Projects (Exhibit 1) Total Expenditures Excess (Deficit) of Revenue Over Expenditures Fund Balance at Beginning of Year Fund Balance at End of Year The notes are an integral part of the financial statements. P Variance Favorable (Un- 1992 Budget Actual favorable) Actual $ -0- $ 422,365 $ 422,365 $ 462,594 -0- 28,470 28,470 -0- -0- -0- -0- -0- -0- 450,835 450,835 462,594 -0- -0- -0- -0- -0- -0- -0- -0- -0- 450,835 450,835 462,594 -0- 462,594 462,594 -0- -0- $ 913,429 $ 913,429 $ 462,594 The notes are an integral part of the financial statements. P CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND NOTES TO FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES fund Accounting The operations of the fund are accounted for in separate sets of self -balancing accounts that comprise its assets, liabilities, fund balance, revenue and expenditures. The fund accounts for the City's share of the 1/2% Proposition C Local Return allocations which are legally restricted for specific purposes. Basis of Accounting The Proposition C Local Return Fund (PCLRF) is accounted for in a Special Revenue Fund, using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budgets and Budgetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of operations and compliance with the Proposition C Local Return Program Guidelines published by LACMTA for the Proposition C Local Return Fund only. NOTE 3 - PROPOSITION C LOCAL RETURN COMPLIANCE REQUIREMENT In accordance with Proposition C Local Return Program Guidelines, funds received pursuant to these cocTe sections may only be used for Proposition C Local Return Programs. NOTE 4 - PROPOSITION C REVENUE Proposition C revenue is the following: 1993 1992 Proposition C Local Return Fund $ 422,365 $ 462,594 NOTE 5 - REVENUE - INTEREST The PCLRF cash balance was pooled with various other City funds for deposit and investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned to the participating funds based on the relationship of their average monthly balances to the total of the pooled cash and investments. rA COMPLIANCE SECTION Snyson t5son CERTIFIED PUBLIC ACCOUNTANTS SENIOR PARTNERS Brainard C. Simpson, CNA Carl P. Simpson, CNA Frederick A. Simpson, CNA INDEPENDENT AUDITOR'S REPORT November 10, 1993 To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARD. SUITE 286 LOS ANGELES, CALIFORNIA 90036 TELEPHONE (213) 938-3324 FAX (213) 930-0665 We have audited the balance sheets and statements of revenue, expenditures, and changes in fund balance of Proposition C Local Return Funds of the City of Diamond Bar (City) for the years ended June 30, 1993 and 1992, and have issued our report thereon dated November 10, 1993. our audit was made in accordance with generally accepted auditing standards; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the Proposition C Local Return Guidelines (adopted April 1992); and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary under the circumstances. The management of the City is responsible for the City's compliance with the laws and regulations of LACMTA and the Proposition C Local Return Guidelines. The following projects were reviewed and tested: None Based on our audit, we found that, for the items tested, the City complied with the laws and regulations governing the projects listed above. Further, based on our audit, for the items not tested, nothing came to our attention to indicate that the City had not complied with the laws and regulations governing the projects. This report is intended solely for the use of the City and LACMTA and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City Council and LACMTA, is a matter of public record. V1 SUPPLEMENTAL INFORMATION 10 EXHIBIT 1 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND LACMTA APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 1993 (With Comparative Actual Amount for Fiscal Year Ended June 30, 1992) Project Code Proiect Name None Total Expenditures 1993 Variance LACMTA (Over) Budget Actual Under $ -0- $ -0- $ -0- $ -0- $ -0- $ -0- 11 1992 Actual $ -0- $ -0- CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 1993 Date Acquired Description None Tota I Balance @ 7/1/92 Additions EXHIBIT IA Balance Deletions @ 6/30/93 $ -0- $ -0- $ -0- $ -0- 12 EXHIBIT 2 CITY Of DIAMOND BAR PROPOSITION C LOCAL RETURN FUND EXIT CONFERENCE June 30, 1993 An exit conference was held on December 1, 1993 at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Hasmik Yacoubian, Auditor City's Representative: Joann Gitmed, Senior Accountant Matters Discussed: Results of the audit. 13 CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE TRANSPORTATION DEVELOPMENT ACT FUND FOR THE FISCAL YEARS ENDED JUNE 30, 1993 AND 1992 __ fir_ yson c CllTson CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT TRANSPORTATION DEVELOPMENT ACT FUND For The Fiscal Years Ended June 30, 1993 and 1992 TABLE OF CONTENTS Paqe FINANCIAL SECTION Independent Auditor's Report 4 Balance Sheet - Section 99234 5 Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual - Section 99234 6 Notes to Financial Statements SUPPLEMENTAL INFORMATION 7 Schedule of Transportation Development Act Allocation for Specific Projects 10 Schedule of Completed Projects COMPLIANCE SECTION Independent Auditor's Report on Transportation Development Act Compliance Exit Conference K 11 13 14 FINANCIAL SECTION — 47son�� son CERTIFIED PUBLIC ACCOUNTANTS SENIOR PARTNERS Brainard C. Simpson, CPA INDEPENDENTAUDITOR'S REPORT Carl E Simpson, CPA Frederick A. Simpson, CPA November 10, 1993 To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority 5750 WILSHIRE BOULEVARD, SUITE 286 LOS ANGELES, CALIFORNIA 90036 TELEPHONE (213) 938-3324 FAX (213) 930-0665 We have audited the balance sheets of the Transportation Development Act Fund of the City of Diamond Bar (City) as of June 30, 1993 and 1992, and the related statements of revenue, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Transportation Development Act Fund and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with generally accepted accounting principles. In our opinion, the financial statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Transportation Development Act Fund of the City as of June 30, 1993 and 1992, and the results of its operations and changes in the fund balance for the years then ended in conformity with generally accepted accounting principles. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and the Los Angeles County Metropolitan Transportation Authority (LACMTA) and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City Council and LACMTA, is a matter of public record. 4 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND BALANCE SHEET Pertaining to Section 99234 of the Public Utilities Code June 30 ASSETS Cash (Note 3) TDA Receivable Total Assets LIABILITIES AND FUND BALANCE Liabilities Liabilities Deferred Revenue (Note 5) Total Liabilities Fund Balance Restricted Total Fund Balance Total Liabilities and Fund Balance 1993 $ 154,686 1,539 $ 156,225 1992 $ 20,270 111,507 $ 131,777 $ -0- $ -0- 98,000 98,000 98,000 98,000 58,225 58,225 $ 156,225 33,777 33,777 $ 131,777 The notes are an integral part of the financial statements. CITY OF DIAMOND BAR ' TRANSPORTATION DEVELOPMENT ACT FUND STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1993 (With Comparative Totals for the Fiscal Year Ended June 30, 1992) 1993 Variance Favorable Un- 1992 Budget Actual favora le Actual Revenues Intergovernmental Allocations: Article 3 Local $ -0- $ 18,464 $ 18,464 $ 13,507 Miscellaneous: Interest -0- 5,984 5,984 1,152 Total Revenues -0- 24,448 24,448 14,659 Expenditures Construction -0- -0- -0- -0- Total Expenditures -0- -0- -0- -0- Excess (Deficit) of Revenues Over Expenditures -0- 24,448 24,448 14,659 Fund Balance at Beginning of Year 33,777 33,777 -0- 19,118 Fund Balance at End of Year $ 33,777 $ 58,225 $ 24,448 $ 33,777 The notes are an integral part of the financial statements. 6 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting Section 99234 Funds of the Transportation Development Act are commingled with other City monies in the Gas Tax Fund. The Gas Tax Fund accounts for the City's share of the Transportation Development Act allocations which are legally restricted for specific purposes. Basis of Accounting The Gas Tax Fund is accounted for by using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budgets and Budgetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with generally accepted accounting principles. Comparative Data Comparative total data for the prior year are presented in the accompanying financial statements in order to provide an understanding of the changes in the fund's financial position and its operations. NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of its operations and compliance with the Transportation Development Act for the Transportation Development Act Fund only. NOTE 3 - CASH AND INVESTMENTS Cash is pooled to maximize investment opportunities and yields. Investment income resulting from this pooling is allocated to the respective funds including the Transportation Development Act Fund, based upon their average monthly cash balances. NOTE 4 - TRANSPORTATION DEVELOPMENT ACT COMPLIANCE REQUIREMENTS In accordance with Section 99234 Article 3 of the Public Utilities Code, funds received pursuant to this code's section may only be used for facilities provided for the exclusive use by pedestrians and bicycles. NOTE 5 - DEFERRED REVENUEIFUND RECLASSIFICATION The Los Angeles County Metropolitan Transportation Authority (LACMTA) have established policy for Article 3 regional allocations approved for regional programs. In the 1989-90 fiscal year, claimants must expend or encumber regional allocations received within three years after the fiscal year of allocation for construction projects and one year after the fiscal year of allocation for maintenance projects. 7 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS (Continued) In accordance with LACMTA's Article 3 policy for regional allocations, all unexpended and/or unencumbered Article 3 funds are to be deferred or refunded to the Local Transportation Fund - County of Los Angeles. Article 3 local allocations are not subject to the above policy. In accordance with the LACMTA's policy, the unexpended Article 3 activities at year end are calculated as follows: Beginning Balance Add: Article 3 Allocations Interest Income Total Available Less: Construction Total Expenditures Ending Balance June 30, 1993 Deferred Revenues $ 98,000 -0- -0- -0- Fund Balance $ 33,777 18,464 5,984 58,225 -0- -0- -0- -0- $ 98,000 $ 58,225 D June 30, 1992 Deferred Fund Revenues Balance $ -0- $ 19,118 13,507 1,152 33,777 -0- -0- -0- -0- $ 98,000 $ 33,777 SUPPLEMENTAL INFORMATION CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF TRANSPORTATION DEVELOPMENT ACT ALLOCATION FOR SPECIFIC PROJECTS For the Fiscal Year Ended June 30, 1993 10 Totals to Date Program Unexpended Pro Proiect Description Allocations Expenditures Allocations Status Regional Allocations: Sidewalk - Bikeway 1991/92 $ 98,000 $ -0- $ 98,000 Open Local Allocations: Sidewalk - Bikeway 1990/91 18,709 -0- 18,709 Open Sidewalk - Bikeway 1991/92 13,507 -0- 13,507 Open Sidewalk - Bikeway 1992/93 18,464 -0- 18,464 Open Totals $ 148,680 $ -0- 148,680 Unexpended Interest Accumulated to Date: Regional -0- Local 7,545 Unexpended Article 3 Balance, 6/30/93 $ 156,225 Unexpended Article Balance Distributed: Deferred Revenue (Note 5) $ 98,000 Fund Balance (Note 5) 58,225 Unexpended Article 3 Balance, 6/30/93 $ 156,225 10 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF COMPLETED PROJECTS For the Fiscal Year Ended June 30, 1993 Totals Project Description Allocations Expenditures None $ -0- $ -0- Totals 11 $ -0- $ -0- COMPLIANCE SECTION 12 S ./�./�J�son �/ S,5yson LOS WILSHANGELES, BOULEVARD, SUITE 286 LOS ANGELES. CALIFORNIA 90036 CERTIFIED PUBLIC ACCOUNTANTS FAX TELEPHONE13) 3OL0665938-3324 SENIOR PARTNERS Brainard C. Simpson, CPA Carl P Simpson, CPA Frederick A. Simpson, CPA REPORT ON TRANSPORTATION DEVELOPMENT ACT COMPLIANCE November 10, 1993 To The Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheets and statements of revenue, expenditures, and changes in fund balance of the Transportation Development Act Funds of the City of Diamond Bar (City) for the years ended June 30, 1993 and 1992, and have issued our report thereon dated November 10, 1993. Our audits were made in accordance with generally accepted auditing standards and were further made to determine compliance with the Transportation Development Act (TDA); including Section 99234; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (LACMTA); the 16 tasks contained in the "Guidelines on Auditing for Conformance", published by LACMTA; and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. Among the items considered, were determination of eligibility of the City to receive funds allocated to it and propriety of expenditures in accordance with TDA and the regulations of LACMTA. In our opinion, our evaluation of compliance factors disclosed that the funds allocated to the City under TDA were accounted for and expended in conformance with TDA and the rules and regulations of LACMTA. This report is intended solely for the use of the City and LACMTA and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City Council and LACMTA, is a matter of public record. C 13 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND EXIT CONFERENCE June 30, 1993 An exit conference was held on November 24, 1993, at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Hasmik Yacoubian, Auditor City's Representative: Joan Gitmed, Senior Accountant Matters Discussed: Results of the audit. 14 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. GJ TO: Terrence L. Belanger, City Manager MEETING DATE: January 18, 1994 REPORT DATE: January 10, 1994 FROM: James DeStefano, Community Development Director TITLE: Consideration of Resolution No. 94 -XX requesting an extension of time, pursuant to Section 65361 of the Government Code, for the adoption of the General Plan. SUMMARY: The California Government Code requires new cities to adopt a General Plan within 30 months following incorporation. The State Office of Planning and Research may grant the City an extension of time to prepare the General Plan upon receipt of an application with findings supporting the request. The extension of time would permit the City to continue to review and approve specified development projects where there is little or no probability that the action would be inconsistent with the contemplated General Plan. RECOMMENDATION: It is recommended that the City Council approve the Resolution and direct staff to forward an application for an extension of time to the State Office of Planning and Research. LIST OF ATTACHMENTS: X Staff Report X Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerks Office) —Other EXTERNAL DISTRIBUTION SUBMITTAL CHECKLIST: State Office of Planning and Research 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: X Yes _ No MAJORITY X Yes _ No N/A _ Yes _ No X Yes _ No REVIEWED BY: 1kc Terrence L. Belan er Frank M. sher JYmes DeStefano City Manager Assistant City Manager Community Develo went Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Community Development Director SUBJECT: Consideration of Resolution No. 94 -XX requesting an extension of time pursuant to Section 65361 of the Government Code, for the adoption of the General Plan. ISSUE STATEMENT: The California Government Code requires new cities to adopt a General Plan within 30 months following incorporation. The State Office of Planning and Research may grant the City an extension of time to prepare the General Plan upon receipt of an application with findings supporting the request. The extension of time would permit the City to continue to review and approve specified development projects where there is little or no probability that the action would be inconsistent with the contemplated General Plan. RECOMMENDATION: It is recommended that the City Council approve Resolution 94 -XX and direct staff to forward an application for an extension of time to the State Office of Planning and Research. BACKGROUND: On December 14, 1993, the City Council adopted Resolution No 93-80 and repealed the previously approved 1993 General Plan. The Council directed the creation of a new General Plan and has appointed a citizen based General Plan Advisory Committee to develop the document. The recision of the General Plan and the uncertainty over the use and validity of Ordinance No. 4(1992) leaves the city without a basis for decision making regarding the city's long-term physical development. California Government Code Section 65360 provides a mechanism for newly incorporated cities to continue to act on zoning, subdivisions, and related matters in the absence of an adopted General Plan. Cities may receive an extension of time to prepare the General Plan beyond that which is provided by Section 65360. California Government Code Section 65361 authorizes the Director of the Office of Planning and Research (OPR) to grant General Plan extensions to cities and counties. While under an extension, a local government is exempt from the requirement that it adopt a complete and legally adequate General Plan or that the adoption be within the specified 30 month time period. The 1 extension waives State Laws which require consistency between local land use decisions and the General Plan. This allows the City to continue to act upon land use matters. OPR's Director may grant an extension of up to one year in duration. The Director may grant a second extension of up to one year if the City has made substantial progress towards completing its General Plan. OPRIs Director may also impose any conditions on an extension of time that the Director deems necessary to insure compliance with the purpose and intent of the Government Code. The City previously requested and received its first extension in February of 1992. Under the current circumstances an application for a second extension is necessary in order to permit land use decision making while the formulation of the new General Plan continues to move forward. Application requirements for a second extension must include a Resolution from the City Council, as a result of a public hearing, providing findings and reasons for additional time. Additionally, a budget, work program and proposed operational policies and procedures must be provided. City staff believes substantial progress toward development of the General Plan and the necessity for the extension can be demonstrated. Based upon the attached work program staff recommends an extension request of five (5) months. State Law requires that the City Council conduct a public hearing and adopt a resolution making any one of six findings required by Government Code Section 65361 (copy attached). Staff believes that the City is able to justify two of the findings: 65361(a)(4) Local review procedures require an extended public review process which has resulted in delaying the decision by the legislative body. The City Council has directed the preparation of new General Plan to be based upon information received as a result of 4-6 General Plan Advisory Committee meetings. Planning Commission and City Council meetings will provide further public opportunity for input prior to adoption upon the conclusion of GPAC efforts,. 65361(a)(6) Other reasons exist that justify the granting of an extension, so that the timely preparation and adoption of a General Plan is promoted. The City finds itself without a basis for decision making. The attached Resolution will be a part of the application to OPR for a time extension. The Director of OPR is the individual that is empowered to grant the time extension. The Council should be aware that as a part approval process, conditions may be attached by the Director. of the Past examples of conditions have included commitments to the State that projects and actions approved by the city related to land use activities are consistent with the proposed General Plan and the potential for a prohibition against adopting any Development Agreements, Specific Plans or Vesting Tentative Maps submitted after the extension is granted. 2 CONCLUSION: Based upon the desire for additional public input into the General Plan adoption process and the undetermined amount of additional time needed for that public review, and the additional time needed to revise any documents affected by the public review, staff recommends that the City Council find that an extension of time is necessary to achieve final adoption of the City's General Plan and directs staff to file the necessary application with the State office of Planning and Research. PUBLIC HEARING NOTIFICATION: Public hearing notices for the January 18, 1994, City Council Meeting were published within the San Gabriel Valley Tribune and Inland Valley Daily Bulletin on January 7, 1994 in accordance with State Law. PREPARED BY: James DeStefano Community Development Director attachments: Resolution No. 94 -XX Application Schedule Budget Proposed Policies California Government Code Section 65360 and 65361 Public Hearing Notice 3 Govemor's Office of Planning and Research Request for General Plan Element Extension Jurisdiction: City of Diamond Bar Address: 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 Date of application: January 18, 1994 Authorized contact person: James DeStefano Title: Director of Community Development Phone number: (909) 396-5676 List the existing elements of your general plan, and dates of adoption: Land Use July 14, 1992 and July 27, 1993 Housing July 14, 1992 and July 27, 1993 Open Space & Conservation July 14, 1992 and July 27, 1993 Noise and Safety July 14, 1992 and July 27, 1993 Circulation July 14, 1992 and July 27, 1993 Indicate the element(s) for which extension is requested and anticipated adoption dates: The City of Diamond Bar requests an extension for all Statutory Elements of the General Plan. it is anticipated that all elements will be adopted by June 15, 1994. Has your jurisdiction been involved in litigation concerning the adequacy of its general plan within the past 12 months? ❑ Yes ® No Attach: Resolution of the governing body (the Office of Planning and Research should be contacted priorto the % adoption of the resolution). Budget and schedule for general plan preparation and adoption. Proposed policies and procedures which would ensure consistency between land use decisions, and proposed policies of the general plan element(s) in progress. General plan elements, zoning, and subdivision ordinances. A discussion of these requirements is attached. Revised 10/89 CITY OF DIAMOND BEAR SCHIDULE FOR COMPLETION OF C� PLAN Task/Product Resumption of GPAC/Review of Draft Goals, Objectives 2. Planning Commission Review of Draft Plan and EIR/Public Hearings 3. State Review of Draft Housing Element 4. City Council Review and adoption of Draft Plan and certification of EIR/Public Hearings. 5. Public meeting notices, advertising, etc. Time Period January 1994 - March 1994 April 1994 - May 1994 April 1994 - May 1994 May 1994 - June 1994 Ongoing - through adoption As indicated within the schedule for completion, the General Plan Advisory Committee is in the process of reviewing the Draft General Plan. All draft elements are complete and undergoing public workshop review. Major tasks to be completed include modifications to the draft elements as directed by the GPAC, review of the housing element by State HCD, revisions to the Final Environmental Impact report as necessary, and public hearings before the Planning Commission and City Council. The majority of the necessary tasks to prepare a General Plan are complete. The remaining tasks will be developed by the City Staff with minimal use of outside consultants. It is estimated the completion of all General Plan tasks will require a commitment of approximately $25,000 - $50,000 dependent upon the exact nature of the work effort necessary. page The City will comply with the provisions specified under California Government Code Section 65360(b). Each proposed project will be evaluated to determine: a) consistency with the Draft General Plan under consideration; b) whether the proposed project may result in a substantial detriment to the future General Plan; and C) compliance with other applicable state and local requirements. All Resolutions for land use approvals will contain a recital which states in part: "Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application as to required consistency with the General Plan pursuant to the terms and provisions of California Government Code Section 65361." In addition, prior to approval of a land use proposal a finding is made that there is ...a substantial probability that the approval of the project as proposed by the Application will not be a substantial detriment to, nor interfere with, the preparation of the future General Plan..." The City intends to utilize the goals and policies contained within the draft General Plan in evaluating land use proposals to ensure that future development will not interfere with the adopted General Plan. January 18, 1994 Page 2 65360. Deadline for new city/county to adopt plan The legislative body of a newly incorporated city or newly formed county shall adopt a general plan within 30 months following incorporation or formation. During that 30-month period of time, the city or county is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (a) The city or county is proceeding in a timely fashion with the preparation of the general plan. (b) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (1) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. 66=1. Extension of deadline to adopt plan (a) Notwithstanding any other provision of law, upon application by a city or county, the Director of Planning and Research shall grant a reasonable extension of time, notto exceed one year from the date of issuance of the extension, for the preparation and adoption of all or part of the general plan, if the legislative body of the city or county, after a public hearing, makes any of the following findings: (1) Data required for the general plan shall be provided by another agency and it has not yet been provided. (2) In spite of sufficient budgetary provisions and substantial recruiting efforts, the city or county has not been able to obtain necessary staff or consultant assistance. (3) A disaster has occurred requiring reassignment of staff for an extended period or requiring a complete reevaluation and revision of the general plan, or both. (4) Local review procedures require an extended public review process which has resulted in delaying the decision by the legislative body. (5) The city or county is jointly preparing all or part of the general plan with one or more other jurisdictions pursuant to an existing agreement and timetable for completion. (6) Other reasons exist that justify the granting of an extension, so that the timely preparation and adoption of a general plan is promoted. (b) The directorshall notgrantan extension of time for thepreparation andadoption of a housing element except in the case of a newly incorporated city or newly formed county which cannot meet the deadline set by Section 65360. Before the directorgrants an extension of time pursuant to this subdivision, he or she shall consult with the Director of the Department of Housing and Community Development. (c) The application for an extension shall contain all of the following: (1) A resolution of the legislative body of the city or county adopted after public hearing setting forth in detail the reasons why the general plan was not previously adopted as required by law or needs to be revised, including one or more of the findings made by the legislative body pursuant to subdivision (a), and the amount of additional time necessary to complete the preparation and adoption of the general plan. (2) A detailed budget and schedule for preparation and adoption of the general plan including plans for citizen participation and expected interim action. The budget and schedule shall be of sufficient detail to allow the director to assess the progress of the applicant at regular intervals during the term of the extension. The schedule shall provide for adoption of a complete and adequate general plan within two years of the date of the application for the extension. (3) A set of proposed policies and procedures which would ensure, during the extension of time granted pursuant to this section, that the land use proposed in an application for a subdivision, rezoning, use permit, variance, or building permit will be consistent with the general plan proposal being considered or studied. (d) The director may impose any conditions on extensions of time granted that the director deems necessary to ensure compliance with the purposes and intent of this title. Those conditions shall apply only to those parts of the general plan for which the extension has been granted. In establishing those conditions, the director may adopt or modify and adopt any of the policies and procedures proposed by the city or county pursuant to paragraph (3) of subdivision (c). (e) During the extension of time specified in this section, the city or county is not subject to the requirement that a complete and adequate general plan be adopted, the requirement that it be adopted within a specific period of time, or the requirements of state law that its decisions be consistent with those portions of the general plan for which an extension has been granted. However, development approvals shall be consistent with the conditions imposed by the director pursuant to subdivision (d) and any element or elements that have been adopted and for which an extension of time is not sought. (f) If a city or county that is granted a time extension pursuant to this section determines that it cannot complete the elements of the general plan forwhich the extension has been granted within the prescribed time period, the city or county may request one additional extension of time, not to exceed one year, if the city or county is able to demonstrate to the satisfaction of the director that substantial progress has been made toward the completion of the general plan. The provisions of this subdivision shall not apply to an extension of time granted pursuant to subdivision (b). (g) An extension of time granted pursuant to this section for the preparation and adoption of all or part of a city or county general plan is exempt from the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. (amended, Chapter 1441, statutes of 19901 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles I'NANCY PAISLEY do hereby declare that I am a citizen of the United States; I am over the age of ei hteen years, and not a party to or interested in the a:e-entitled matter. I am the Legal Advertising Clerk of the INLAND VALLEY DAILY BULLETIN (Formerly the Progress Bulletin) A newspaper of general circulation, published daily in the City of Pomona, County of Los Angeles, State of California, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of June 15, 1945, Decree No. Pomo C-606; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: January 7$ 1994 I declare under penalty of perjury that the foregoing is true and correct. Proof of Publication of NOTICE OF PUBLIC HEARING CITY OF DIAMOND BAR NOTICE OF PUBLIC NEARING NOTICE IS HEREBY ,GIVEN by the CITY of Diamond Bar that a public hearing will be hole by ma City Council on Tuesday, .lsnaary 16 1M4 at 7:0 or as am ther"M P- 16 i Call be beard, In the South Coes$ Air 1Qw11f'rMan+MIHMIf DE Copt A Copley Dr., Diamond ser, Calthwnlo, for the ppurpose of considering area glia tion t office of PrpqunfliYinand �x- I terlslan of _ t111N In_ orris; to 5361).- New cities ate KpIred By SscHon i671a of ne Government Code to of raj plan thproperatin 70 Wins of Incorporation. The Ity previously applied for and received an eahmalon of ,me which expired an Au, Ivsl S, I"L On July 27, 11193, M City Co0nd1 adopted the Witeral Man. NOW—, es a Is" Hto of an w+d M» adswa0~ai Plan, tho CHy rescinded the ash esiaeeHla 1 extension of nW 'ae,pr :maedm�s'f tato me Draft GwurN Plan. In aCCerdBna with the California Environmental and t � ►coli' Iatlons OroR viveled theroun' der' mo CRY has in" EOA riallepur met 00 fe ro want to Scotian 1lOq(0)13I. ALL INTERESTED PERSONS are invite ie. press seta Heat nMp ,AL." IN, � /FUURTHER INFORMATION may be W tahnd By n111% this City 2WOr�� D1MCM a office TEDOWWY /s/LYNDA BURGESS City CWI6 City (Space below for use of County Clerk only) SAN GABRIEL VALLEY TRIBUNE 1210 N. Azusa Canyon Road West Covina, CA 91790 PROOF OF PUBLICATION ( 2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation printed and published daily in the City of West Covina, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891 The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 1/7/94 declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this 7_day of JANTIARX 19_1 Signature Proof of Publication of as soon a the CU1 ray, as HEAR o V en City ofbe h yr t" 7!w= �'an ad�lOnM ext rtabn �-•�« •ter«,!, -ve, RESOLUTION NO. 94 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING AN EXTENSION OF TIME, PURSUANT TO SECTION 65361 OF THE CALIFORNIA GOVERNMENT CODE, FOR THE ADOPTION OF A CITY GENERAL PLAN. A. RECITALS (i) On April 17, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. (ii) Section 65360 of the California Government Code allows newly incorporated cities thirty (30) months to adopt a general plan following incorporation. (iii) At a duly noticed public hearing held on September 17, 1991, the City Council of the City of Diamond Bar adopted Resolution 91-61 requesting an extension of time, pursuant to Section 65361 of the California Government Code, for the adoption of the General Plan. On February 7, 1992 the office of Planning and Research red granted the City a six-month extension, which exp on August 5, 1992, to complete the General Plan. (iv) The City of Diamond Bar then developed a comprehensive General Plan for the physical development of the City. That plan, which was developed in accordance to State law, set forth the City's developmental policies, objectives and standards as well as the constituent elements of Land Use, Circulation, Housing, Safety, Noise, Open Space, Conservation Elements, and a Environmental Impact Report for these elements. The City of Diamond Bar held approximately 54 public meetings in relation to that General Plan from September 1989 through July 14, 1992. (v) Citizen participation was provided through the formation of a General Plan Citizen Advisory Committee assigned to review and develop the General Plan. A total of 37 public meetings were held by GPAC. Input received as a result of these meetings was instrumental in the development of that General Plan. (vi) The Planning Commission of the City of Diamond Bar conducted duly noticed study sessions on July 22, August 26, 1991, to consider and receive public testimony on the draft General Plan. The Planning Commission conducted duly noticed public hearings, on September 9, and September 23, 1991 and on April 13, April 20, April 27, May, 4, May 11, May 18, May 21, May 26, May 28, June 1 and June 8, 1992. (vii) On June 9, June 16, June 23, June 30, July 7, and July 14, 1992, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, whereby public testimony was received with respect to all plans/elements of the General Plan, and concluded said hearings on July 14, 1992. In the course of said public hearings, the City Council received and deliberated upon written and oral testimony from members of the general public, affected governmental agencies, private industry, consultants, City staff, and Commissions of the City. On July 14, 1992, the City Council approved Resolution 92-44, adopting a General Plan for the City of Diamond Bar. (viii) On August 10, 1992, a petition protesting the adoption of the General Plan was submitted to the City Clerk of the City of Diamond Bar. The City Clerk conducted a preliminary review of the petition pursuant to Section 4053 of the California Elections Code and on August 19, 1992 said petition was filed with the Los Angeles County Registrar of Voters office for examination. The effect of that filing resulted in the suspension of that General Plan and its constituent elements. (ix) on March 16, 1993, the City Council adopted Resolution No. 93-15, rescinding Resolution No. 92-44, pursuant to Elections Code Sections 4051 and 4055. (x) The City of Diamond Bar then developed another comprehensive General Plan for the physical development of the City. That plan which was developed in accordance to State law, set forth the City's developmental policies, objectives and standards as well as the constituent elements of Land Use, Circulation, Housing, Safety, Noise, Open Space, Conservation Elements, and an Environmental Impact Report for these elements. The City of Diamond Bar held approximately 16 public meetings in relation to that General Plan, from April 21, 1993 through July 27, 1993. (xi) Citizen participation was provided through the formation of a public workshop process designed to review and develop the General Plan. A total of 5 public meetings were held. Input received as a result of these meetings was instrumental in the development of the second General Plan. (xii) The Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on June 28, 1993, to consider and receive public testimony on the draft General Plan. . (xiii) The City Council of the City of Diamond Bar conducted 11 duly noticed public hearings, whereby public testimony was received with respect to all plans/elements of the General Plan, and concluded said hearings on July 27, 1993. In the course of said public hearings, the City Council received and deliberated upon written and oral testimony from members of the general public, affected governmental agencies, private industry, consultants, City staff, and Commissions of the City. On July 27, 1993, the City Council approved Resolution 93-58, adopting the second General Plan for the City of Diamond Bar. (xiv) on August 26, 1993, a petition protesting the adoption of the General Plan was submitted to the City Clerk of the City of Diamond Bar. The City Clerk conducted a preliminary review of the petition pursuant to Section 4053 of the California Elections Code and on November 17, 1993, said petition was filed with the Los Angeles County Registrar of Voters office for examination. The effect of that filing resulted in the suspension of the second General Plan and its constituent elements. (xv) Despite the City's diligent efforts to adopt a General Plan in accordance to State law, the City Council hereby makes the following findings to justify a request for a 150 day extension of time for the adoption of a General Plan. a) In accordance with Section 65361(a)(4), local review procedures require an extended public review process which has resulted in delaying the decision by the legislative body. The City Council has directed the preparation of a new General Plan to be based upon information received as a result of 4-6 General Plan Advisory Committee meetings. Planning Commission and City Council meetings will provide further public opportunity for input prior to adoption upon the conclusion of GPAC efforts. b) In accordance with Section 65361(a)(6) of the Government Code, the City finds that due to extenuating circumstances the effective date of the General Plan has been suspended twice pursuant to Section 4051 of the California Elections Code thus resulting in an extension of time request to resolve issues and concerns relating to the adoption of the General Plan. The City finds that in spite of previous extensions of time, the city has experienced unusual circumstances which requires an additional extension of time to satisfy the requirements of Section 65360 of the Government Code. (xvi) On December 14, 1993, the City Council adopted its Resolution No. 93-80, rescinding Resolution No. 93-58, pursuant to Elections Code Sections 4051 and 4055. (xvii) The City Council has appointed a second General Plan Advisory Committee, which held its initial public meeting on January 11, 1994. The Council has directed this Committee to meet until acceptable revisions to the last plan are drawn. The Council's time line has been set as ninety days from January 4, 1994, to complete the draft of the third General Plan. (xviii)On January 18, 1994, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with respect to this request for an extension of time, and concluded said hearing on that date. (xix) The City of Diamond Bar City Council finds that in accordance with the California Environmental Quality Act, the approval of a time extension for the adoption of the General Plan is exempt under section 65361(8) of the Government Code and requires no further environmental review. (xx) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby approves a request for an extension of time, and directs staff to prepare an application to the State of California office of Planning and Research requesting an extension of five months to resolve issues and concerns relating to the adoption of the General Plan. 2. The City Clerk shall certify the adoption of this Resolution and shall forward a copy of this resolution to the Director of Planning and Research of the State of California as part of the City's application for a five- month extension. PASSED, APPROVED, AND ADOPTED this day of , 1994. Mayor I, TOMMYE NICE, Deputy City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on day of 1994 by the following Roll Call vote: AYES• COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Nice, Deputy City Clerk City of Diamond Bar RESOLUTION NO. A RESOLUTION OF THE CITY C OF DIAMOND BAR, CALIFORN: EXTENSION OF TIME, PURSUANT OF THE CALIFORNIA GOVERNMI ADOPTION OF A CITY GENERAL A. RECITALS C%-,r►n (i) On April 17, 1989, the U�` established as a duly orgz of the State of California-.- (ii) alifornia. (ii) Section 65360 of the California Government Code allows newly incorporated cities thirty (30) months to adopt a general plan following incorporation. At a duly noticed public hearing held on September 17, 1991, the City Council of the City of Diamond Bar adopted Resolution 91-61 requesting an extension of time, pursuant to Section 65361 of the California Government Code, for the adoption of the General Plan. On February 7, 1992 the Office of Planning and Research granted the City a six-month extension, which expired on August 5, 1992, to complete the General Plan. (iv) The City of Diamond Bar then developed a comprehensive General Plan for the physical development of the City. That plan, which was developed in accordance to State law, set forth the City's developmental policies, objectives and standards as well as the constituent elements of Land Use, Circulation, Housing, Safety, Noise, Open Space, Conservation Elements, and a Environmental Impact Report for these elements. The City of Diamond Bar held approximately 54 public meetings in relation to that General Plan from September 1989 through July 14, 1992. (v) Citizen participation was provided through the formation of a General Plan Citizen Advisory Committee assigned to review and develop the General Plan. A total of 37 public meetings were held by GPAC. Input received as a result of these meetings was instrumental in the development of that General Plan. (vi) The Planning Commission of the City of Diamond Bar conducted duly noticed study sessions on July 22, August 26, 1991, to consider and receive public testimony on the draft General Plan. The Planning Commission conducted duly noticed public hearings, on September 9, and September 23, 1991 and on April 13, April 20, April 27, May , 4, May 11, May 18, May 21, May 26, May 28, June 1 and June 8, 1992. (vii) On June 9, June 16, June 23, June 30, July 7, and July 14, 1992, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, whereby public testimony was received with respect to all plans/elements of the General Plan, and concluded said hearings on July 14, 1992. In the course of said public hearings, the City Council received and deliberated upon written and oral testimony from members of the general public, affected governmental agencies, private industry, consultants, City staff, and Commissions of the City. On July 14, 1992, the City Council approved Resolution 92-44, adopting a General Plan for the City of Diamond Bar. (viii) On August 10, 1992, a petition protesting the adoption of the General Plan was submitted to the City Clerk of the City of Diamond Bar. The City Clerk conducted a preliminary review of the petition pursuant to Section 4053 of the California Elections Code and on August 19, 1992 said petition was filed with the Los Angeles County Registrar of Voters office for examination. The effect of that filing resulted in the suspension of that General Plan and its constituent elements. (ix) On March 16, 1993, the City Council adopted Resolution No. 93-15, rescinding Resolution No. 92-44, pursuant to Elections Code Sections 4051 and 4055. (x) The City of Diamond Bar then developed another comprehensive General Plan for the physical development of the City. That plan which was developed in accordance to State law, set forth the City's developmental policies, objectives and standards as well as the constituent elements of Land Use, Circulation, Housing, Safety, Noise, Open Space, Conservation Elements, and an Environmental Impact Report for these elements. The City of Diamond Bar held approximately 16 public meetings in relation to that General Plan, from April 21, 1993 through July 27, 1993. (xi) Citizen participation was provided through the formation of a public workshop process designed to review and develop the General Plan. A total of 5 public meetings were held. Input received as a result of these meetings was instrumental in the development of the second General Plan. (xii) The Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on June 28, 1993, to consider and receive public testimony on the draft General Plan. (xiii) The City Council of the City of Diamond Bar conducted 11 duly noticed public hearings, whereby public testimony was received with respect to all plans/elements of the General Plan, and concluded said hearings on July 27, 1993. In the course of said public hearings, the City Council received and deliberated upon written and oral testimony from members of the general public, affected governmental agencies, private industry, consultants, City staff, and Commissions of the City. On July 27, 1993, the City Council approved Resolution 93-58, adopting the second General Plan for the City of Diamond Bar. (xiv) On August 26, 1993, a petition protesting the adoption of the General Plan was submitted to the City Clerk of the City of Diamond Bar. The City Clerk conducted a preliminary review of the petition pursuant to Section 4053 of the California Elections Code and on November 17, 1993, said petition was filed with the Los Angeles County Registrar of Voters office for examination. The effect of that filing resulted in the suspension of the second General Plan and its constituent elements. (xv) On December 14, 1993, the City Council adopted its Resolution No. 93-80, rescinding Resolution No. 93-58, pursuant to Elections Code Sections 4051 and 4055. (xvi) Despite the City's diligent efforts to adopt a General Plan in accordance to State law, the City Council hereby makes the following findings to justify a request for a 150 day extension of time for the adoption of a General Plan. a) In accordance with Section 65361(a)(4), local review procedures require an extended public review process which has resulted in delaying the decision by the legislative body. The City Council has directed the preparation of a new General Plan to be based upon information received as a result of 4-6 General Plan Advisory Committee meetings. Planning Commission and City Council meetings will provide further public opportunity for input prior to adoption upon the conclusion of GPAC efforts. b) In accordance with section 65361(a)(6) of the Government Code, the City finds that due to extenuating circumstances the effective date of the General Plan has been suspended twice pursuant to Section 4051 of the California Elections Code thus resulting in an extension of time request to resolve issues and concerns relating to the adoption of the General Plan. The City finds that in spite of previous extensions of time, the city has experienced unusual circumstances which requires an additional extension of time to satisfy the requirements of Section 65360 of the Government Code. (xvii) The City Council has appointed a second General Plan Advisory Committee, which held its initial public meeting on January 11, 1994. The Council has directed this Committee to meet until acceptable revisions to the last plan are drawn. The Council's time line has been set as ninety days from January 4, 1994, to complete the draft of the third General Plan. (xviii) On January 18, 1994, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with respect to this request for an extension of time, and concluded said hearing on that date. (xix) The City of Diamond Bar City Council finds that in accordance with the California Environmental Quality Act, the approval of a time extension for the adoption of the General Plan is exempt under section 65361(g) of the Government Code and requires no further environmental review. (xx) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby approves a request for an extension of time, and directs staff to prepare an application to the State of California Office of Planning and Research requesting an extension of five months" to resolve issues and concerns relating to the adoption of the General Plan. 2. The City Clerk shall certify the adoption of this Resolution and shall forward a copy of this resolution to the Director of Planning and Research of the State of California as part of the City's application for a five- month extension. PASSED, APPROVED, AND ADOPTED this day of , 1994. 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 the regular meeting of the City Council of the City of Diamond Bar held on day of , 1994 by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burges, City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7 / TO: Terrence L. Belanger, City Manager MEETING DATE: January 18, 1994 REPORT DATE: January 12, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Sanitary Sewer System in The Country SUMMARY: Plans and specifications for The Country Sewer Project are complete and ready for bids. RECOMMENDATION: It is recommended that the City Council adopt Resolution 94-xx to approve the plans and specifications for The Country Sanitary Sewer System Project and authorize the City Clerk to advertise the Project for bids. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resotution(s) _ Bid Specification (on file in City Clerk's Office) Other EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes _ No reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: REVIEWED BY: Li- rrence L. Belanger Frank M. Us er, iz George A. Wentz City Manager Assistant City Manager Interim City Engineer CITY COUNCI L REPORT AGENDA NO. MEETING DATE: January 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Sanitary Sewer System in The Country ISSUE STATEMENT This report requests the City Council's approval and authorization to advertise The Country Sanitary Sewer System project. RECOMMENDATION: It is recommended that the City Council adopt Resolution 94-xx to approve the plans and specifications for the Country Sanitary Sewer System Project and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY: Construction costs will be identified after bids are received. BACKGROUNDIDISCUSSION: The proposed sewer assessment district consists of 147 lots that are not currently served by an existing sanitary sewer line, but rather by on-site septic systems. Of these, there are 135 lots which are currently improved. Many homes in the subject area have been experiencing overloading or surcharging of their septic systems. This has resulted in the seepage of water and/or sewage effluent onto adjacent streets and various properties located in the low-lying areas. These indications of the problem can best be seen along Lodge Pole Road, Falcons View Drive, Broken Feather Drive, Braided Mane Drive, Shady Ridge Lane, and Clear Creek Lane. Representatives of the Los Angeles County Health Department have inspected several properties in the area and have cited residents to take corrective actions. On January 19, 1993, the City Council adopted the Resolution of Intention to establish the City's intention to proceed with the formation of a sewer assessment district in the Country and awarded the design service contract to Dwight French and Associates. The district will provide the necessary funding for the construction and maintenance of a sanitary sewer system for those properties presently on septic systems. Sanitary Sewer System in The Country January 18, 1994 Page Two At this time, the consultant has prepared the plans and specifications for the subject project. The work to be performed consists of a sanitary sewer system which is composed of gravity flow lines and force mains, and upgrading of the Indian Creek Pump Station, and new pump stations as appropriate. The bid opening is scheduled for February 16, 1994. The plans and specifications have been prepared consistent with the Los Angeles County design and maintenance standards. Staff anticipates the following schedule for completion of the project: 1. Call for Bids January 1994 2. Secure Bids February 1994 3. Conduct Townhall Meeting February/March 1994 4. Hold Public Hearing April 1994 S. Prepare Bills and Assessments April 1994 6. Issue Bonds May 1994 7. 8. Begin Construction Complete Construction June 1994 November 1994 RESOLUTION NO. 94 XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE COUNTRY SANITARY SEWER SYSTEM 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 COUNCEL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for the Sanitary Sewer System in The Country. 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 February 16, 1994, sealed bids or proposals for The Country Sanitary Sewer System. 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- "The Country Sanitary Sewer System." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive,Diamond Bar, California, and are available to any interested party of request. The Contracting Agency also shall cause a copy of such determinations to be posed 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 apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship 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 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. 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 the 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-42 Contractor at the time of award in accordance with the provisions of the Contractor's License Law (California Business and Professional 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. By order of the City Council of the City of Diamond Bar, California. Dated this day of , 1994. PASSED, APPROVED AND ADOPTED day of , 1994. 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 , 1994, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS- LYNDA BURGESS, City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: January 18, 1994 FROM: Troy L. But daff, Assistant to the City Manager AGENDA NO. REPORT DATE: January 14, 1994 TITLE: Professional Services Agreement with LG&E Power Engineers and Constructors, Inc., (formed Ultrasystems Engineers and Constructors, Inc.), for the performance of environmental assessment and reporting services related to the design and construction of a material recovery and transfer station facility in the City SUMMARY: The City has heretofore retained the services of Mtmsystems Engineers and Constructors, Inc. a qualified consulting firm with experience in environmental engineering and solid waste facility Planning to evaluate the proposed Industry Materials Recov Facility technical analysis of the erg and to Provide the City with an independent Proposed project and corresponding environmental documentation. Although this agreement has since expired, the City continues to need the services of a qualified consultant to determine the technical adequacy of project -specific environmental documentation and to assist with the presentation of technical assessments and testimony on the proposed Preparation and Project. RECOMMENDATION: It is recommended that the City Council approve the budget for environmental assessment and � Proposed work program and City Council authorize the Ci �°�g �� (Exhibit "B"). It is further recommended that the amount not -to -exceed $30,000, �M� gE Power Engineers to execute a Professional Services Agreement (Exhibit continuation in an environmental assessment and and Constructors, Inc., for the continuation of reporting Services relating to the Proposed Industry Materials Recovery Facility. LIST OF ATTACHMENTS: A Staff Report _ Public Hearing Notification — Resolution _ Bid Specifications — Ordinance _ Other: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City At�y? 2 • Does the repast require a majority or 4/S vote? —Yes sY No 3- Has environs impW been assessed? MAJORITY 4• Has the rePmt km reviewed by a Commission? N/A Which Comte? — Yes No 5• Are other departments affected by the report? _ Yes No REV>EWED BY: Terrence L larger Frank M. Usher City Manager Assistant City Manager Troy L. Assis the City Manag C1'fY COUNCIL REPORT AGENDA NO. MEETING DATE: January 14, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Professional Services Agreement with LG&E Power Engineers and Constructors, Inc., (formerly Ultrasystems Engineers and Constructors, Inc.), for the performance of environmental assessment and reporting services related to the design and construction of a material recovery and transfer station facility in the City of Industry. ISSUE STATEMENT: The City has heretofore retained the services of Ultrasystems Engineers and Constructors, Inc., a qualified consulting firm with experience in environmental engineering and solid waste facility planning to evaluate the proposed Industry Materials Recovery Facility and to provide the City with an independent technical analysis of the proposed project and corresponding environmental documentation. Although this agreement has since expired, the City continues to need the services of a qualified consultant to determine the technical adequacy of project -specific environmental documentation and to assist with the preparation and presentation of technical assessments and testimony on the proposed project. RECOMMENDATION: It is recommended that the City Council approve the proposed workndr budget for environmental assessment and reporting services (Exhibit "B"). aIt is further recommended that the City Council authorize the City Manager to execute a Professional Services Agreement (Exhibit "A"), in an amount not -to - exceed $30,000, with LG&E Power Engineers and Constructors, Inc., for the continuation of environmental assessment and reporting services relating to the proposed Industry Materials Recovery Facility. BACKGROUMD: The City of Industry has previously prepared and released a Draft Environmental Impact Report (DEIR) for a proposed 5,700 -ton per day material recovery and transfer station facility located on a 40 -acre parcel of land east of Grand Avenue and south of valley Boulevard in -the City of Industry. The proposed project is designed to receive unprocessed solid waste from the City of Industry, as well as other communities in the surrounding region for the purpose of extracting all recyclable materials from the waste stream. The residual waste will then be transported by high volume transfer trucks for disposal at local landfills and/or loaded onto railcars and transported to remote disposal sites. The project, as proposed, would be developed in three (3) phases and consist of several functional areas including: a transfer/ sorting building for the processing and storage of unprocessed solid waste; a curbside sorting area for the recovery of recycled materials; a processing area for woodwaste and source -separated yard waste; an intermodal rail transfer and storage area; and an administrative and maintenance area. In order to properly evaluate the proposed project and corresponding Draft Environmental Impact Report (DEIR), the City prepared a Request for Qualifications (RFQ) for environmental assessment services and solicited proposals from qualified consulting firms. The City received several a_.ned the services of UltrasystemsaEner careful evaluation of each LG&E Power Engineers and Constructors gineers & Constructorsirm ba extensive experience in environmental)plan leg sand based engineconsulting Inc.,IfirWith solid waste facility planning and design. engineering, as well as DIScUSSIOM: Under the California Environmental al guidelines, all projects determined toy Act (CEQA) and its significant environmental impacts are re have the implementing impact report which identifies the Potential to create environmental effects. required to prepare an environmental The Cit Project's direct, indirect, and cumulative Project, must Y of Industry, acting as Lead Agency provide an prepare and disseminate a Draft Environmental Impact Report and Opportunityg Y for the comments n the adequacy for all interested and affected of that document. parties to submit On August 5, 1993, the Cit undertaken the preparation of a received is d notice ti e t that the city Y of Industry had (EIR) for the materials recover jspecific environmental impact receipt of the Notice of P,re Y facility. project may have on adjoining land uses, the Cit. has Based upon the City�s Faration (NOP) and the potential impacts that the submit written comments to the Cit Y s elected to comments be considered in the y °f Industry and has re formally at these documents. Preparation of all futures environmental It is anticipated that the City of Industry will soon release Environmental Impact Report (DEIR) on the Of this document being released, staff would like to retain their Draft LG&E Power Engineers and Constructors proposed facility. In anticipation pertaining to the issuance of (�&E) to Recovery perform certain the services of proposed Industr Y MateriPermits necessary to construct and operervices Materials Facility.ate the Under the proposed scope of work assessments to those regulatory'&E will prepare and present environmental Management District, California e agencies g (e -g., South Coast Air issue discretionarygrated Waste Management Board, r Quality Will be developed or the for the proposed facilit that y. project -specific environmenPurpose s ldoeuOf determining and to ee mese assessments decision -makers at these re the technical adequacy of regulatory agencies ensure that the relevant the potentially negative, harmful or health - are sufficiently informed as to occur if the project, asproposed,threatening impacts which may addition, the consultant wi1review eIn ach is Permitted and constructed. compliance with submittal re permit application to determine efforts before these agenciesquirements and coordinate and direct lobbying Finally the ccssultant will perform a variety limited to: ( comments on the adequacy °f tasks including but not Industry,s comPiiance withral gassy of the DEIR and of findings associated with independent technical studies obligations under 4eo the City °f City of Diamond Bar; - {2) submittal (3) a listing of recommended site alternative wucted itthe hin the City of Industry which should be explored based upon perceived beneficial Monitoring Pr ( ) a critique of the Mitigation Reporting and Considerations developed iby the City of I dusts Of Fact ed Statement of record.x'Y as part of the environmental PREPARED BY: Troy Butzlaf Assist to the Ci Manager DRAFT PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL ASSESSMENT AND REPORTING ACTIVITIES This Agreement is made and entered into this th day of January, 1994, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and LG&E Power Engineers and Constructors, Incorporated, a California Corporation, (hereinafter referred to as "CONSULTANT"). A. Rwcitals. (i) CITY continues to require the performance of professional services with respect to environmental assessment and reporting services related to the design and construction of Industry Material Recovery Facility ("Project" hereafter), a full, true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct of which proposal is attached hereto as Exhibit "B" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's City Council and staff in the preparation of Project. (11V) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B . Aq�eaent . 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Pro'ect: The performance of professional services, as described in Exhibit "B" hereto and by this reference made a part hereof, with respect to the due-diligence review of the Draft Environmental Impact Report (DEIR) and associated technical studies related to the design and construction of a material recovery and transfer station facility and the preparation of technical assessments of the project-specific environmental documentation to ensure that the relevant decision-makers at these regulatory agencies are sufficiently informed as to the potentially negative, harmful or health-threatening impacts which may occur if the project, as proposed, is permitted and constructed. (b) Services: Such professional services as described in Exhibit "B" hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the Project, except as may be otherwise limited in Exhibit (c) Comoletion of P ojgct: The Project shall commence upon execution of this agreement by the CITY and receipt of the Draft Environmental Impact Report (DEIR) by the CONSULTANT. The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the adoption of the Project, as set forth in Scope of Services of Exhibit "B" hereto, shall not exceed 180 (180) calendar days from the execution of this agreement unless otherwise extended by written approval of the CITY. 2. CONSULTANT agrees A& allows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits* "All and "B" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" and "B" to CITY within twenty (20) calendar days from the execution of this agreement. Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2. (b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion Of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as fo lows: (a) To pay CONSULTANT a maximum sum of Thirty Thousand Dollars ($30,000.00) for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT fs proposal either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibits "A" and "B". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum,in excess of 95$ of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "B" hereof, shall be paid on a reimbursement basis in accordance with the Standard Rate Schedule as set forth in said Exhibit "B". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees to provide to CONSULTANT: (a) A copy of the Draft Environmental Impact Report (DEIR) and associated technical studies as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the Project. (c) Such information as is generally available from CITY files applicable to the Project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Qwnershin 2f Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "B", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination, as determined by actual time and materials as expended by CONSULTANT. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate'this Agreement except for cause. 7. Notices and Desicmated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: CITY: TERRENCE BELANGER City Manager CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765 (714) 396-5666 TELEPHONE (714) 861-3117 FACSIMILE CONSULTANT: PETER LEWANDOWSKI Director of Planning ULTRASYSTEMS ENGINEERS & CONSTRUCTORS, INC. 2030 Main Street Irvine, California 92714 (714) 955-4000 TELEPHONE (714) 955-4129 FACSIMILE Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Workers' Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I an aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement" (b) Public Liability Md EZgmerty Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars ($1,000-000-00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damages. (c) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, agents and representatives. All Policies shall contain language, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and ( 3 ) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copier of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys, fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. a a s: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of Fifty dollars ($50.00) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the Public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Ind2Renden Contractor: The parties hereto 'agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing jam: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT Approved As To Form: City Attorney CITY OF DIAMOND BAR City Manager ATTEST: City Clerk Exhibit "A" Scope of Work (To be Submitted Under Separate Cover) Exhibit " B" Preliminary Proposal ENVIRONMENTAL ASSESSMENT AND REPORTING FOR CERTAIN PERMITS Y TO CONSTRUCT AND OPERATE A PROPOSED MATERIAL RECOVERY FACILITY CITY OF INDUSTRY, CALIFORNIA Submitted to: CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 190 Diamond Bar, California 91765-4177 Attention: Terrance L. Belanger, City Manager Submitted by: LG&E POWER ENGINEERS AND CONSTRUCTORS INC. ENVIRONMENTAL SERVICES DIVISION 2030 Main Street, 14th Floor Irvine, California 92714-7240 (714) 955-4199 Attention: Peter Lewandowski, Director prwa.m R&-,Cw Pqw December 1993 TABLE OF CONTENTS I I INTRODUCTION ,1 Project Description ............................. I CEQA Requirements ......................1 Permit Processing .............................. 2 H SCOPE OF WORK ............................ S III PROJECT BUDGET ........................... 10 IV PROJECT TEAM ............................ 12 0933301PROPOS4L IndustryMaterials Rewswy Facility Printed on Recycled Paper Page i SECTION I - INTRODUCTION The City of Industry proposes to develop and operate a 5,700 ton per day (tpd) material recovery and transfer station facility on a 40 -acre parcel in the northeasterly corner of that community. The City of Industry Material Recovery Facility (IMRF) project, located east of Grand Avenue and south of Valley Boulevard, has been proposed in response to the mandates of the California Integrated Waste Management Act of 1989 which requires that 25 percent of those solid wastes generated within the County and its member Cities be diverted from landfill disposal (through a combination of source reduction, recycling and composting programs) by the year 1995 and 50 percent by the year 2000. The project will consist of several functional areas that include: a transfer/sorting building for the processing and storage of unprocessed refuse; a curbside sorting area for the recovery of recycled materials; a processing area for woodwastes and source -separated yard wastes; an intermodal rail transfer and storage area; and an administrative and maintenance area. The facility is proposed to be operational 24 hours per day, seven days per week and will initially receive up to 3,330 tpd of mixed municipal solid waste from commercial, residential, debris box and self -haul vehicles from both the City of Industry and surrounding communities. Selected loads will be pushed onto conveyor belts and sorted. It is anticipated that the facility will generate between 500 to 600 tpd of residual waste which will be transported by 40-1oot long containers pulled by truck (or rail -haul) to remote landfill locations outside of the San Gabriel Valley. Although the site and all adjacent parcels are zoned "Manufacturing (AO" and may be considered appropriate for this type of facility under existing zoning regulations, the proposed project design and site orientation have potential environmental impacts (.e., land use compatibility, traffic noise, odor and vectors) which may adversely affect the City of Diamond Bar and its residents. The California Environmental Quality Act (CEQA) and its implementing guidelines require that all prOPM Zvoiving discretionary approvals from government agencies be reviewed to determine war thou project have the potential to produce significant impacts upon the environment. -Far those projects which are determined to have the potential to propose significant - fhCts, the agency with primary responsible for approving the project (.e., Lead Agency) is required to produce an environmental impact report which identifies the project's direct, indirect and cumulative environmental effects, identifies mitigation measures which have the potential to reduce or avoid those effects and examines alternatives to the project which, if enacted, would minimize the occurrence of any significant environmental consequence. 09JSJOUNtoPOUL Indmoy Matamb &wvery Facility Primed on Recyeied Paper Page I SECTION I - INTRODUCTION The City of Industry, acting in the capacity of Lead Agency, has released a Notice of Preparation (NOP), disclosing its intent to prepare and disseminate a Draft Environmental Impact Report (Draft EIR) for the IMF. CEQA provides opportunities for all interested and affected parties to submit comments on the adequacy of that document. Written comments which are received on the Draft EIR are to be addressed and included in a Final Environmental Impact Report which then becomes the environmental basis for subsequent actions by the Lead Agency and other Responsible Agencies from whom permits or approvals will be required. In addition to those project approvals which may be obtained from the City of Industry, project effectuation will also necessitate a number of discretionary actions from other County and State agencies with jurisdiction over the proposed project. Those permits and approvals, which must be obtained by the City of Industry for the construction and operation of the DdRF, would include, but not be limited to, the following actions: Conditional Use Permit (CUP) and Site Plan Approval, City of Industry. A CUP is required for project approval from the City of Industry. Since a public hearing for CUP approval is required, the City of Diamond Bar has the opportunity to prepare written and verbal testimony to challenge the findings of conformity requested to support CUP approval. In addition, prior to taking action on the project, the City of Industry must certify the EIR and adopt a Mitigation Reporting and Monitoring Program, Fundings of Fact and Statement of Ownding Considerations. As a result, the City of Diamond Bar has opportunities to address identified deficiencies with the environmental review record. Storm Water Discharge Permit, Los Angeles County Department of Public Works. A Storm Water Discharge Permit will be required by the Los Angeles County Department of Public Works. Since this is largely an administrative Process, the City of Diamond Bar may not have a suitable forum to present those regulatory agencies with documentation at this stage m the permit process. Industrial Waste Permit, Los Angeles County Department of Public Works. An Industrial Waste Permit also would be required from the Los Angeles County Department of Public Works. Similar to the Storm Water Discharge Permit discussed above, this would also be largely an administrative entitlement process. Waste Discharge Requirement Permit, California Regional Water Quality Control Board. A Waste Discharge Requirement (WDR) Permit may not be 0931301PROPOSAL Indw" MaWialr Reaorrry Facility Printed on Recycled Paper Page 2 SECTION I - INTRODUCTION required by the California Regional Water Quality Control Board - Los Angeles Region 180 days prior to the start of discharge. In accordance with agency procedures, draft WDRs are distributed to public agencies who are provided 30 days to submit comments. A public hearing is then conducted prior to formal action by the Board. Bulldover or Encroachment Agreement, Sanitation Districts of Los Angeles County. A Buildover Agreement may be required from the Sanitation Districts of Los Angeles County to authorize encroachment within an existing County sewer easement. This would be an administrative process and would offer no forum for public comment. Authority to Temporarily Store Hazardous Waste Materials, Sanitation Districts of Los Angeles County. The authority to store potentially hazardous materials used for fuels and cleaners or unacceptable solid wastes removed from the material recovery facility/transfer station operation, must be obtained from the Sanitation Districts of Los Angeles County. This would be an administrative process. National Pollution Discharge Elimination System permit (NMES), Los Angeles Regional Water Quality Control Board and/or Las Angeles County Department of Public Works. A NPDES permit must be obtained from the Los Angela Ronal Water Quality Control Board and/or Los Angeles County Department of Public Works (under the existing regional permit) for the discharge of industrial waste and for the diversion of surface waters (outside of the facility) into Muffing drainage facilities. TypKay, all runoff winch may come into contact with waste materials will be discharged to the sanitary sewer system and not into storm drain facilities. This permit would be similar to the Storm Water Discharge Permit and hrdust iai Waste Permit required by the County of Los Angeles in that permit approval is largely administrative. Erformam with the Air Quality Management plan (AQNP), South Coast Air Quality Management District (SCAQMD). The project would need to eoaaply with the SCAQMD's Air Quality Managment Plan for reducing mobile ertiss. . The SCAQMD has authority to regulate stationary sources of pollution throughout the South Coast Air Basin. In addition, the SCAQMD has authority under the Clean Air Act to manage transportation activities at indirect sources. M Authority to Construct and Operate may not be required for the material recovery fxility/transfer station since it would not generate stationary emissions (e.g., landfill gas). Conformance with the AQMP would include Print Oro&M Indunry Uxeria& Remmor�+ Facility Recyckd Paper Page 3 SECTION I - INTRODUCTION mitigation measures and monitoring requirements included in the Final EIR approved by the City of Industry. Approval by the SCAQMD would be largely administrative and would offer limited opportunities for public debate. Finding of Conformance, Los Angeles County Solid Waste Management Committee (Integrated Waste Management Task Force). The establishment of or expansion of a solid waste management facility will not be permitted without certification by the County that the facility is in conformance with the County Solid Waste Management Plan (COSWMP). A special task force has been established to ensure that the proposed facility conforms with CoSWMP and would not prejudice any future Countywide Integrated Solid Waste Management Plans. Proponents of solid waste facilities, except those otherwise exempted, must submit proposals to the Los Angeles County Integrated Waste Management Task Force for a Finding of Conformance. Although no public hearing is required, the City of Diamond Bar has authority to prepare an environmental technical assessment stating the negative implications of the project. Those comments would be reviewed by the Los Angeles County Integrated Waste Management Task Force before considering the project for approval/denial. Solid Waste Facilities Permit (SWFP), California Integrated Waste Management Board. An operator of a solid waste facility must file with the Local Enforcement Agency an application for a Solid Waste Facilities Permit at least 120 days prior to commencement of operations. This permit is administered by the County of Los Angeles Department of Health Services, acting as the Local Enforcement Agency. Two Board hearings would be required at the completion of staff review; the City of Diamond Bar has an opportunity to provide technical assessments and challenges to the proposed permit at those hearings. Streambed Alteration Permit, California Department of Fish and Game and Nationwide Permit, U.S. Department of the Army Corps of Engineers. The potential application of these permits are not known at this time but may be Mquued based upon proposed alterations to the existing watercourse which now antes the site. 093530UMOPOSAL Indw" Materials Recoviay Fadlify Printed on Recycled Paper Page 4 SECTION II - SCOPE OF WORK Under this work assignment, LG&E Power Engineers and Constructors Inc. (LPE&C) will support City efforts to prepare and present environmental assessments to those regulatory agencies with jurisdiction by law over various aspects of the II�SRF. be developed for the purpose of determining the technical R These assessments shall acy of Project-spedfic environmental documentation and ensuring that the relevant decision makers at these regulatory agencies are sufficiently informed as to the potentially negative, harmful or health -threatening impacts which may occur if the project is permitted and constructed, as proposed. LPE&C will provide the City of Diamond Bar with information regarding all levels of permit approval. In addition, LPE&C shall prepare written material for submittal to each permitting agency; provide written and verbal testimony on behalf of the City of Diamond Bar at all public forums held by individual permitting regulatory agencies; and conduct team and strategy sessions with the City of Diamond Bar to facilitate the attainment of the Ci�ty'sgstated goals. The primary vehicle for addressing the credibility of unneeded or through the CEQA process. nuisance -related projects is CEQA provides both a public forum and other o ppoMmities to Provide oral and written opposition to the Lead Agency and other Responsible Adoring the review of those projects by local decision -makers. County and State environmental regulatory agencies, responsible for permitting and other entitlements, assume that local opposition has already been considered by the Lead Agency and that appropriate mitigation measures have been included in the project approval. Beyond the local level, the permitting process becomes one whereby the Lead Agency County or State agencies for individual applies directly to agencies provide only limited permits. With a few exceptions, these regulatory and decide on their own ( the meri i.e., in the absence of public inpublic at? whether tote gissue individual ts of the project permits. As a result, the areas where direct City of Diamond Bar involvement would be most beneficial would include: (1) CEQA coordination and direct lobbying Ym8 before the California Integrated Waste Management Board as part of the Boards review of the Solid Waste Facilities permit; (2) coordination with the South Coast Air Quality Management District to both determine whether an an Andority to Ct�ruct and Operate will be agency and to develop ate response to the release of the D ER aired from that assessment b the Los M � � (3) the submittal of a technical Angeles County Solid Waste Management Committee (Integrated Waste Management Task Force) as part of that agency's Findings of Conformance; and (4) the submittal of comments directly to the City of Industry concerning the technical adequacy of the Draft EIR, Mitigation Reporting and Monitoring Program and Rapme m Comments. LPE&C shall provide the City of Diamond Bar with the following consulting services related to each of the discretionary permits identified in this scope of services or subsequently added wis"ftOPOUL Printed on Recwkd Paper InAuny Materials Rewvery Facility Page 5 SECTION Il - SCOPE OF WORK through further discussions with the City: (1) determine the requirements of the specific permit; (2) identify facility and operational components which impact the subject permit(s); (3) evaluate compliance with the requirements of the permit(s); (4) evaluate the City of Industry's environmental documentation relative to each permit; (S) document issues and concerns identified by the City or its consultant; (6) communicate with the permitting agency(ies); and (7) provide written and oral testimony, where appropriate. The scope of services provided herein is organised under a major task and task format which corresponds with the key elements and/or support function of this work program. As required under Section 44001 et seq of the California Public Resources Code and Sections 17423, 17441 and 18200 et seq of the California Code of Regulations, a Solid Waste Facilities Permit (SWFP) must be obtained at least 120 days before the start of operations for the Proposed MRF. A State SWFP is required from the Los Angeles County Department of Health Services, acting in the capacity of Local Enforcement Agency (LEA), and concurrence is required from the California Integrated Waste Management Board (C1WMg) in the issuance of that permit. As required by the LEA, the permit application shall include: (1) a Plan of Operation or Report of Station Information; (2) SWFP application; (3) land use approval from the City of Industry; (4) Industrial Waste Permit or sewering permit from the County of Los Angeles Department of Public Works; (S) Findings of Conformauc a made by the Los Angeles County Department of Public Works; (6) a finding by the City of Industry that the MRF is consistent with the City of Industry Ccneriol Plop; (7) environmental documentation; and (8) a of all permits and associated requirements of other governmental agencies regarding the IMRF. Under this work effort, LPE&C will: (1) prepare a technical assessment of the MRF, fl!wftm the potential environmental effects of that project; and (2) in cooperation with4WChy of Diamond gar, transmit that technical assessment to the CIWMB during d►e Mview period established by statute for Responsible Agency review of the Drc$ EJR. The intent of that submittal will be to inform the CIWMB of the level of controversy associated with the project and to solicit a formal agency response to the Dnp EIR. 09.113MROPOSAL Industry Materiab Rewm"y Facility Primed on Recycled Paper Page 6 SECTION II - SCOPE OF WORK Subsequent to certification of the Final EIR, separate hearings will be conducted before the CIWMB. Under this subtask, LPE&C will lobby the Board (at the staff level) prior to the Board's formal review of the permit and lobby the decision -makers at the two (2) public forums to be scheduled in Sacramento. In addition to addressing potential deficiencies in the permit application, the following additional issues may be raised: Potential deficiencies in the environmental review record; potential impacts upon the residents of the City of Diamond Bar; the lack of documented demand for the facility, as prop; and the existence of other pending and permitted facilities within the region (e.g., Puente Hills Landfill). 1 �iir�-r r► fl' ill lMr, ML -1 1 ��• F.1�lii1�! ff l = M = Based upon our current understanding of the project, LPE&C currently believes that discretionary permits may not be required from the SCAQMD, based u pon the absence of stationary point sources. Under this task, LPE&C will initiate consultation with SCAQMD representatives to determine any reknit permit obligations as may be required from that agency and to ensure that the SCAQMD is aware of all relevant impacts associated with ect operation. Should permits be identified, LPE&C will augment this Prot ces to incorporate a technical review of that supportive documentation submitted of those permit obligations. Although the SCAQMD may not be called upon to issue permits for SCAQMD may be Proj approval, the SCAQMD's role is encouraged to submit comments to the City of Industry as part of the SC reviewing project -specific environmental documents. Should the City of Industry receive a letter from the SCAQMD either expressing concerns about the project's Potential to degrade the aim's air quality or indicating non-compliance with the Air Quality Magewnt Pkn, the Dro SIR would be required to acknowledge the existeaoe of sip fiicant quality ipw. By acknowledging the existence of an unresolved air quality effect, the CIWMB may be influenced to deny or delay issuance of the Solid Waste Facilities permit Pending resoi■lion of that issue. 11 ll =1, LF11 YJt 7 RITr, As indicated above, proponents of solid waste facilities (except those otherwise exempt) must submit proposals to the Los Angeles County Integrated Waste Management Task Fora for a Finding of Conformance with the Courcy Solid Waste Management Plan. At a minimum, the 0935J"ROPOML Industry.Mataiak Recovery Facrluy Printed on Reeyded Paper Page 7 SECTION 11- SCOPE OF WORK facility proposal must contain the following information: (1) identity of project proponent, owner and operator; (2) description of project location; (3) project implementation schedule including planning dates for construction start, construction completion, start-up, planned expansion and closure; (4) project design capacity or acreage, as appropriate; (S) description of waste material to be handled; (6) identification of waste sources; (7) projection of waste quantity to be handled at start-up and at five-year intervals in project's life; (8) identification of waste transport corridors and destination; (9) technology to be used for treatment facilities; (10) planned classification for disposal sites; (11) planned end uses for the land for disposal sites; (12) environmental documentation; (13) planned market for materials/energy recovered from resource recovery projects; (14) expected method of financing; (15) information and operations Plan for meeting applicable permit/regulatory requirements; (16) resource recovery alternatives, including an economic assessment of resource recovery options when new or expanded landfills, transfer stations or other solid waste facilities are proposed; (17) demonstration of compliance with consistency requirements as required by California Government Code Section 66796; (18) a litter control program designed to prevent the accidental release of litter from vehicles entering and leaving the site; and (19) a waste load checking program design to prevent disposal of hazardous and other unacceptable waste from the site. LPE&C shall review the draft permit application to determine compliance with these submittal requirements and shall identify any potential deficiencies therewith. In addition, LPE&C will lobby individual task force members, indicating that the proposed facility is too large (e.g., exceeds projected regional demands); has the potential to create public health and safety hazards due to proximity to adjoining residential land uses; is not compatible with both existing and reasonably foreseeable land uses in the project arta; and would produce adverse transportation impacts and extreme economic hardships on the residences of the City of Diamond Bar. If applicable, agency comments may further include statements addressing the credibility of the local CEQA process; the willingness (or lack thereof) of the City of Industry to address the environmental concerns raised by adjoining communities; and the City's failure to explore reasonable project alternatives. Upon release of the Draft EIR, the City of Diamond Bar can submit comments on various aspects of the CEQA process. These comments may include, but not be limited to: (1) comments on the adequacy of the Draft EIR and the City of Industry's compliance with procedural obligations under CEQA: (2) submittal of findings associated with independent technical studies conducted by the City of Diamond Bar or others concerning individual topic issues (e.g., traffic, noise, air quality) undertaken to refute erroneous conclusions drawn by the City of Industry and presented in the environmental review record; (3) a listing of recommended 093S301PROPOSdL Industry Mauriab Re o%vy Facility Printed on Recycled Paper Page 8 SECTION II - SCOPE OF WORK alternative sites within the City of Industry which should be explored based upon perceived beneficial environmental impacts; and (4) critique of the Mitigation Reporting and Monitoring Program, Findings of Fact and Statement of ovemding of Industry. Considerations developed by the City 093S301PR0P0&4L Induct Wateriak Recovery Fadbry Printed on Recyckid Paper Page 9 SECTION III - PROJECT BUDGET Presented herein is an estimated project budget identifying the direct and indirect costs associated with each of the major tasks and subtasks more thoroughly described herein. Based upon the scope of services outlined in this proposal, the following not -to -exceed fees have been identified for each of the activities identified herein: Major Task 1.0 - Solid Waste Facilities Permit • Subtask 1.1 - Draft EIR Participation • Subtask 1.2 - Permit Review Major Task 2.0 - Permit to Construct/Operate Major Task 3.0 - Finding of Conformance Major Task 4.0 - CEQA Compliance Not -to -Exceed Fee ($) 5,360 8,760 3,875 5,360 TBP All billings under this work effort will reflect rates as specified in the enclosed Standard Rate Scheduk. 09353o1PROPOSAL Ind"-Matmak Recomy Facility Printed on Recycled Paper Page 10 SECTION III - PROJECT BUDGET STANDARD RATE SCHEDULE Director $120.00 ......................... Environmental Program Manager ....... Senior Project 80.00 Manager ........... Project Manager 73.00 .................... Senior Engineer/Scientist 70.00 ............... Engineer/Scientist 65,00 ................... Associate Plainer 55.00 ................... Planner 50.00 ............... Analyst .......................... 40.00 40.00 Word Processor......... 35.00 Illustrator ..... ......... 35.00 Technician ....................... 35.00 Expert w7mw On support of litigation, expert witness/due-diligence activities on such functions as pennitting/proccuing, air quality, noise. Qesthedcs, land use, etc.) ..... 195.00 Consultant support, printing, reproduction, tmvel, subsist we and other direct expenses wiA be billed at can plus twenty percent (20'x). Automobik mikage will be dwSed ata gate of $0.40 per mik. Travel tune will be billed as per the above hawd1' rates. Sypport staff overtime will be billed at one and one-half (134) tilts the standard rate. Invoices are payable upon receipt and will be submitted monthly for >Nork in Progress and at completion of contract obligations. Fees not paid within sixty (60) days of invoice date well be assessed an interest charge of one and one-half percent (I h fir) per month farm date due. Attorney fees and court casts ineun-ed with collection of delinquent accounts will be bonne by the client. 0935301tROPoS,lL Printed on Recyckd Popo Imo' Maas �roY Facility Page 11 SECTION ry - PROJECT TEAM In recognition of the technical nature of the work program, we have assembled a project team of in-house professionals who will participate in the successful execution of this work program. This group of highly trained individuals has been selected because of their directly relevant experience and expertise in completing project -specific requirements. Resumes for all assigned project personnel have been included in A=ndix A (Resumes) of this proposal. This project team, the respective qualifications and relevant experience of our personnel and the extent of corporate resources which can be utilized to complete project activities, represents Ultrasystems' best qualification to undertake and complete this -assignment. The credentials of our project team members and their proven track record in providing environmental services in support of similar projects makes us uniquely qualified to proceed with this activity. Due to the scope of the project, professionals from several disciplines will be utilized to provide the City with comprehensive analyses in fulfillment of this work program. The management and technical approach identified herein can be characterized as "committed hands-on involvement." Peter Lewandowski, Director of Planning will oversee and coordinate all aspects of this work program, manage all program resources and will maintain project schedule, budget authority and ensure quality control. Dr. Paul Hurt, Director of Technical Services will provide additional QA/QC review and shall coordinate the work of those scientists and associated technical personnel assigned supportive project roles. Through a well developed project management and organizational structure, Betsy Lindsay, Senior Project Manager will monitor and manage internal work progress, allocate program resources and maintain effective daily communication. John Arnau, Solid Waste Planner will provide technical support to Mr. Lewandowski and Ms. Lindsay concerning individual aspects of this work program. In addition, Margaret Estrada, Senior Environmental Engineer and Katrina Nourblin, Environmental Engineer will participate in the review of individual permits and provide additional liaison with various regulatory agencies. o935"Wopoau Indwvy Materiab RernMny Facility Printed on Recycled Paper Page 12 APPENIDI% A PROJECT TEAM RESUMES Material iPQOP PnweIndustry s Recovery Faci Priwted on Recycled paper Rhly _'JDIN l! PETER LEWANDOWSKI M.U.P. Director, Planning and Environmental Services Mr. Lewandowski is responsible for the management of all environmental and planning - related consulting services administered by the Environmental Services Division, including planning activities in support of major public infrastructure projects, general and specific plans preparation, redevelopment plans and projects and large-scale private development activities. Primary responsibilities include project management and marketing activities, resource allocation, client/agency liaison, permitting/entitlement services and the preparation, processing and QA/QC review of all CEQA/NEPA environmental documents. Mr. Lewandowsk i s recent experience includes the analysis and processing of major development projects, such as landfill and associated solid waste projects, new town planning, authorship of general/specific plans and CEQA/NEPA activities in support of transportation projects and regional wastewater treatment plants. He is responsible for the preparation of consulting service proposals, administration of all contract activities, the formulation of planning strategies, environmental compliance, coordination activities involving the client's planning team and responsible government agencies, public hearing support activities and permit preparation and processing involving local, State and federal agencies. As Director of Planning, Mr. Lewandowski oversees all activities undertaken by the Environmental Services Division. Relative to solid waste projects, recent activities have included the due -diligence review of the City of Industry Materials Recovery ]Facility, Sunshine Canyon Landfill (City/County of Los Angeles) and BKK Landfill Extension (City of West Covina). Mr. Lewandowski brings to the management team a diverse professional background, spanning approximately qty yam, including urban planning, environmental sciences, architecture and real estate economics. Before joining LPEdtC, Mr. Lewandowski was a project director for the County of Los Angeles, responsible for the development of numerous housing programs and associated planning services, including project design and development, entitlement administration and project management. He has been responsible for a number of technical stutga for city and county governmental entities, including the authorship of a number of geneaUsgOaSc plans, coastal management studies, infrastructure demand/capacity assessments, Fled land use studies and environmental impact reports/ statements. Mr. Lewandowski has received both a Bachelor of Arts in Social Ecology from the University of California, Irvine and a Master's of Urban Planning from the School of Environmental Design, California State Polytechnical University, Pomona. 09333OIPROPOSAL Ind" Mate =& Recomy Facility Primed on Recyclod Papa PAUL R. HURT D._ Nv Director, Technical Services Dr. Hurt has a background in chemistry with specialization in the environmental field. His undergraduate degree was in analytical chemistry. He received his M.S. in Chemistry and his Doctorate in Environmental Science and Engineering from UCLA. He currently has 15 publications covering area of Air Quality and Environmental A3sessment, FDG Waste Disposal and Energy Resource Management and is a Registered Environmental Assessor through the California Environmental Protection Agency. As Director, Technical Services, he is responsible for all analytical support services. This includes air quality permitting and regulatory reviews, the development'and implementation of all air quality, water quality, noise analysis programs, and environmental and permitting audits. Prior to joining LPE&C, Dr. Hurt was Program Manager for Environmental Research & Technology, Inc. where he directed programs to perform ambient hydrocarbon field analyses, ozone trajectory modeling, and development and evaluation of off-road emission estimates. He had a variety of experience in regulatory analysis, and has assisted in the development of ERT's Accidental Chemical Spill Modeling capabilities. Dr. Hurt has also concluded a field evaluation program of alternate flue gas desulfurization (FGD) waste disposal techniques for the Aerospace Corporation. The program consisted of construction and monitoring of ten waste disposal sites, physical analyses of materials and chemical characterization of associated water samples, to assess the potential effects on water quality, land reclamation, and RCRA (Resource Conservation and Recovery Act) regulations. As a part of his graduate curriculum for the Environmental Science and Engineering Program at UCLA, he participated in projects including risk assessment of Solar 17krmal Electrical Power Generating facilities for DOE, and a California Energy Commission Study on assessing electrical al power generating options. His interdisciplinary program required course work in Atmospheric Science, Economics, Engineering, Geology, Law, Public Heald► and Urban Planning, and was a teaching assistant for the Department of Chemistry, UCLA. 005"WOPOSAL Industry Matelab Remwety Facility Printed on Recycled Paper YPENDIX A Senior NeCt Manager M�� overnine fields of P Years of extensive Professional ' fiscal/ 8 periencx in development and facility Planning. �'�oPment, �� the Professional involvement with both 17us soca mic Plannin public �� was 8ained throe g' economic agency and private consulting rims. dY relevant Ms. Lindsay's prim (e•8• � landfills, transfer s primary responsibilities focus on the include landfills, stations and nr�aterial management of solid w I em recovery rite facilities management enc and coordinate �Y facilities). S responsibilities es Sunshine environment documents meet p reparation and pig o CEQAi MPA ire and entitle Materials R yon Landfill m both the City and Co my of Los pe�vitieslu�e ecovery Facility. Angeles and City of Industry Valle Pnor to joining LPF Ms. Lindsay facility Unified School District in the capes � p � Administrator with �e Saddleback tY Projects (elementary k fiscal, s (2,500 employeC4,) �e�)• She also managed the Snager CA MD umerous new gpital environmental and 1 tme school d QMD Trip Reduction F ty mss • Ms. Ljnd sy a�FWns directly related to the�s� a wide var1ety of local � ' 81n redevelopment, mor Associate with a multi��t of Community agencies, school districts and impact analysis and urban 1'ronsulting firm for the County of Los M(Community Private �'elopment firms. P>aamg Con��B services to fnsportsib or site eW several naged dmeuti'ty Development Comm's,�' Y �s'p Lindsay worked o rt zq In Manager Project coordination �nenow end admit �0p• enviromm��she was °Mn b e u�, cowl andrevie' overall Univ Ms. �ndsay received )� residential housing projects. poles LOng Beach and her U� a in • Geography f California work in qty' Pomoa• Cunentl Planner from State tfie �' Public y, Ms. Lindsay is Pursuing g Cal a state ComBeach. �pleted eral and nstradon at Cal,•fornia statgraduate course the Ameripn �oPment and capital real estate finance, fiscal im qty' Long facile Urban Land Institute. g A on' Muti f ac l Planning. Ms. �d� Pmt analysis, Managers of Southern Y a member of California and the 0995.40~P034L Priateid on &,c WW P. Intlkroy alaterralr ,coo, Facility APPENDIX A MARGARET T � Ars Environmental Engineer Of Ms. Estrada Provides technical support in the development Permit obligations for both co processing and administration cogeneration corporate (e.g., wood burning, coal burning and gas fueled Power plants) and public/private sector (e.g., solid waste facilities, water reclamation projects) clients. Her environmental perntittin air emission permits, stream disturbance 8 responsibilities include obtaining intakeloutfall structure permits, wastewater discharge permits and water permits. She has also prepared and submitted wastewater discharge Permit applications for several She r ra)amaaOn facilities As Process' id Estrada works directly with various local, State and federal gortvernment agenciesof the . incllude: Water Quality Control Boards, Air Pollution Control Districts, Departments Health Services and Environmental Conservation, Public Works encs aof resource agencies (e.g., U.S. Army Corps of Engineers). Ms. Estrada'snd associated knowledge of solid waste management permit requirements and proceduresas required experience includes and federal rules and regulations. She has also evaluated enviroas reports by solid waste management facilities, includingthe mental impact reports for solid examined waste ma and mitigation Preparation of risk assessments. Potential risks were further includes river flow dataanalysis� addressed. Ms. Estr 's engineering determination of power plant feasibility. Prior to transferring into the Environmental Services Division, Ms. Estrada worked in the Mechanical Engineering Division of LPE&C in which she Ous Poe plant equipment. �s encompassedPfd specifications foPvrari oposal analysis and preparation of specifications, equipment conformance for such systems as: dernineralized water treatment, chemical injection for boiler feedwater and cooling tower water and plant fine protection. Ms. Estrada has coordinated with local fire reviewing generating fhdlit es- i� background also includes vendots to obtam fire r required for �8 P1Pm8 and instrumentation drawings and Process s, s. diagrams. Ms- Estrada received her Bachelor of Science California Stats University, Fullerton. She has six years �� m Mechanical Engineering from Power plant fields focusing on both design and environmental m the solid waste and permitting. 31301PRUFUSlL printed on Recycled paper In&rtty-Matawk Recovery Facility APPFddDLY A KATRIlVA S NOLrnRi N. E.I.T. Environmental Engineer At LPE&C, Ms. Nourblin is responsible for air permitting and environmental compliance requirements to support gas-fired, solar -powered, wood -burning, and coal-fired Power plants. As a member of the Environmental Services Division, she analyzes the risks and health effects associated with exposure to toxic air conta minantIr These health risk assessments are performed for emission sources such as power plants and landfills, in accordance with the appropriate regulatory guidelines. In addition, technical responsibilities include the assessment of possible health risk of electromagnetic field exposure. Ms. Nourblin prepares technical discussions of air quality impacts in environmental impact reports for landfills and residential and commercial developments. She is also familiar with the modeling procedures required for air quality permitting. She has obtained air emission permits for auxiliary boilers and performed best available control technology cost analyses. Ms. Nourblin recently coordinated environmental compliance activities to satisfy CEC conditions of certification for a solar electric generating plant in California's Mojave Desert, including bioremediation of hydrocarbon -contaminated soil, testing and disposal of water treatment solids, reuse of cooling tower blowdown water, emission offsets, and storm water permit compliance. Before her association with LPE&C, Ms. Nourblin worked as a mechanical engineer for Northrop Corporation. There, she implemented research and development Programs related to composite materials and improved test methods. Her principal investigaw of the rexarch and responsibilities as scheduling project activities, writing proposals development pe+ojeds included coordinating and • supervising the technician staff, analyzing results and presenting the final report. Ms. Nourblin graduated from the University of California, Irvine, in 1985, with a B.S. in Mechaical Engineering. She has obtained her Engineer -In -Training Certificate. 0➢3J30~ppsa I-atMak Rem Printed on ReCYCW Paper "�fi'M►may Focflity APPENDIX A JOHN ARNAU Solid Waste Planner Mr. Arnau provides technical support in the field of solid waste management. Before joining LPE&C, Mr. Arrau was employed as a solid waste planner with the Riverside County Waste Management Department. While in that position, Mr. Arnau was rpponsible for landfill re -permitting activities, facility siting and environmental planting. While with the County, Mr. Arnau successfully re -permitted twelve Riverside County landfills and transfer stations through the completion of specific CEQA documentation (e.g., Mitigated Negative Decluations) and by working extensively with the California Integrated Waste Management Board, Riverside County Local Enforcement Agency, Riverside County Planning Dep mamt, the Waw Quality Control Board and other State and local regulatory agencies. Mr. Arrau has also worked with the Riverside County Habitat Conservation Agency m the process of re-pentitt ng two Riverside. County landfills located within Stephens Kangaroo Rat habitat areas. Mr. Arnau also has experience in working with both the County of Riverside Board of Supervisors and City Council members of individual local agencies in solid waste facility siting. Mr. Arnau successfully sited a solid waste disposal facility, which will effectively service the City of Riverside, utilizing both public and political participation in the soaping and public decision-making process, Mr. Arnau graduated from the University of California, San Diego in 1989 with a Bachelor of Arts degree in history, 0991301MOPOSAL Indaray MaterfaU Rev"" Fadiity Printed on Recycled paper CITY OF DIAMOND BAF, AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: January 18, 1994 FROM: Frank M. Usher, Assistant City Manager Kellee A. Fritzal, Administrative Assistant AGENDA NO. L REPORT DATE: January 12, 1994 TITLE: WORKPLACE SUBSTANCE ABUSE PREVENTION POLICY SUMMARY: As a participating City in the Community Development Block Grant Pro provide a "drug-free" workplace. In accordance with this Federal requirement, t a he attach dty l Substance Abuse Prevention Policy was developed. The Policy discusses the purpose of the policy and the specific actions that will be taken against employees for violation of such prohibition. RECOMMENDATION: It is receommended that the City Council adopt the attached Workplace Substance Abuse Prevention Policy. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes X No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A No 4. Has the report been reviewed by a Commission? _Yes _ Which Commission? _ Yes X No 5. Are other departments affected by the report? Report discussed with the following affected departments: X Yes ALL — No REVIEWED BY: Terrence L. Belanger Frank M. sh kellee A. Fritzal City Manager Assistant City Manager Administrative Assistant CITY COUNCIL REPORT MEETING DATE: January 18, 1994 AGENDA NO. TO:. Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: WORKPLACE SUBSTANCE ABUSE PREVENTION POLICY ISSUE STATEMENT: As a participating City in the Community Development Block Grant Pro e City shall provide a "drug-free" workplace. In accordance with the Federal requirements, the attached policy wa cheated. RECOMMENDATION: It is recommended that the City Council adopt the attached Workplace Substance Abuse Prevention Policy. FINANCIAL SUMMARY: There are no fiscal impact on the General Fund Budget with the adoption of this policy. BACKGROUND: As a participant in the CDBG program each City shall provide a drug-free workplace as stated in Section 14 of hP ['ooperati:e Ag ,,,• 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the City's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about; a) The dangers of drug abuse in the workplace b) The City's policy of maintaining a drug-free workplace; c) Any available drug counseling, rehabilitation and employee assistance programs; and d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the CDBG grant be given a copy of the statement required in paragraph 1 of this Section 14. 4. Notifying the employee in the statement required by paragraph 1 of this Section 14 that, as a condition of employment under the CDBG grant, the employee will - a) Abide by the terms of the statement; and b) Notify the City in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such convection; PAGE TWO SUBSTANCE ABUSE PREVENTION POLICY 5. Notifying the Los Angeles Community Development Commission in writing, within ten calendar days after receiving notice under subparagraph 4(b) of this Section 14 from an employee or otherwise receiving actual notice of such conviction; and the City must provide written notice, including position title, of any City employees convicted of any criminal drug statute to every County grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for receipt of such notices. Notice shall include the identification number(s) of each affected grant. 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b) of this Section 14, with respect to any employee who is so convicted; a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation Program approved for such purpose by a federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5, and 6 of this Section 14. The attached policy is the means of complying with the above stated provisions. DISCUSSION: To develop this policy, staff obtained copies of various cities and federal agencies "drug-free" policies to assist in the development of the attached policy. The policy then was distributed to all Departments for review and comments. The policy, if adopted, will apply to all City employees, including the employees working with federal grants. This policy is in effect while an employee is on City premises, during work hours, breaks, or while on official city business. The policy allows for random drug search(es) of City premises and City vehicles. The procedures review the steps required once a supervisor has a reasonable suspicion to believe an employee may be under the influence of alcohol and/or narcotics. An employee believed to be under the influence of alcohol and/or narcotics will be requested to submit to drug testing. The policy is not intended to be and shall not be used as a tool for harassing any employee or group of employees. PREPARED BY: Kellee A. Fritzal Administrative Assistant CITY OF DIAMOND BAR WORKPLACE SUBSTANCE ABUSE PREVENTION POLICY January 18, 1994 The purpose of this policy is to provide consistent and relevant guidelines for all employees regarding alcohol and drug use at the workplace. The City of Diamond Bar intends to provide a working environment which is safe and free from employee use of drugs and/or alcohol. Employees are expected to be in suitable mental and physical condition, perform their jobs satisfactorily, and behave appropriately. Should the use of alcohol or other drugs interfere with these expectations, employees will be offered rehabilitative assistance. Failure to meet these expectations could result in disciplinary action. POS The possession, transfer, sale, or use of alcohol or other drugs, legal or illegal, while on City premises, during work hours, breaks, or while on official city business, will be controlled by the procedures specified in this policy up to and including the pursuit of legal action. This includes all forms of alcohol, narcotics, depressants, stimulants, hallucinogens, marijuana, and any other substances. The unlawful manufacture of a controlled substance is prohibited in the workplace. City employees are prohibited from drinking alcoholic beverages or using drugs, other than for medical reasons, during working hours (including lunch hours and breaks), while on City premises at any time, while driving a City vehicle during regular working hours, while on official city business. City Employee's are also prohibited from reporting to work under the influence of alcohol or drugs. The consumption of alcohol by City employees may be allowed only at designated City facilities, during certain special City functions and with prior authorization by the City Manager. All City premises and City vehicles shall be subject to a random drug search(es) without notice at any time. Employees who may be taking prescribed or over-the-counter drugs which may affect job performance or behavior are encouraged to advise their supervisor that they are taking such drugs for medical reasons; medical evaluation may be required. The City of Diamond Bar will give the same consideration to persons with chemical dependency problems as it does to employees having other health problems. Seeking assistance for such a problem will not jeopardize an employee's job, whereas continued problems with performance, attendance, or behavior may. WORKPLACE SUBSTANCE ABUSE PREVENTION POLICY PAGE TWO When an employee's supervisor mr a second employee or supervisor observe an employee's actions that leads them to reasor>able Mmi ion to believe that an employee may be under the influence of alcohol and/or narcotics, that employee may be asked to report to a City designated medical evaluation. This medical evaluation will be conducted in order to determine if in fact that employee has evidence of alcohol and/or drugs in his/her system. Reasonable suspicion may be justified by one or a combination of any of the following indicators: Bloodshot or watery eyes Slurred speech Alcohol on breath Physical an/or verbal altercation Inability to walk a straight line An accident involving City property Possession of drugs or alcohol Frequent absenteeism Confusion/difficulty in concentration Noticeable change in behavior If reasonable suspicion pertaining to the use of drugs and/or alcohol by an employee is determined during normal working hours, the following steps shall be followed to facilitate the medical evaluation process: The supervisor shall contact the personnel Director at the earliest available opportunity to discuss the event(s) which led to a belief that an employee acted intoxicated or under the influence of drugs. At that time, it will be determined whether or not sufficient facts exist to indicate that drug testing may be appropriate. If the evidence indicates that the employee may be under the influence, Personnel will arrange for an immediate appointment with a medical facility to conduct the test. The supervisor shall inform his/her department head of this situation. Refusal by an employee to submit immediately to an alcohol and/or drug analysis when requested by management may constitute insubordination and may be grounds for discipline up to and including termination. The actual type of testing including possible urine or blood screens, will be determined by the physician. Step 2 The supervisor, or his/her designee, shall personally drive the employee to the medical facility and wait for the test to be completed. WORKPLACE SUBSTANCE ABUSE PREVENTION POLICY PAGE THREE The employee will then be transported home or, in appropriate situations, to a hospital as deemed necessary by the doctor. The employee will continue receiving pay during this time and disciplinary action will not be administered unless the test results are confirmed. Information obtained through this testing will be treated with strict confidentiality. If the employee is found to have alcohol or drugs in his/her system, the supervisor shall meet with the employee to counsel him/her on the matter and explain the proposed disciplinary action on the next day. The supervisor shall encourage the employee to seek professional assistance in dealing with any drug or alcohol problem. The employee's medical group may provide the needed drug/alcohol counseling. Also, the Personnel Office can provide a referral for an employee who is seeking Professional assistance in the matter. Any employee who is required to submit to treatment pursuant to the above procedures may be required to submit to random drug/alcohol testing for a period of thirty-six (36) months. Should an incident arise after normal work hours (i.e. overtime, official city business, etc.), the above procedures should be followed with the exception of contacting the Personnel Director. The Substance Abuse Prevention Policy of the City of Diamond Bar is not intended to be, and shall not be used as a tool for harassing any employee or group of employees. When employees are required to submit to testing for suspected substance abuse, it shall be only for good, proper, and reasonable cause. Records pertaining to job performance, attendance, and behavior shall be maintained in the employee's personnel file. Records shall consist of memorandum, reports and other such data that are written or obtained as a result offollow tempo ; Behavior associated with alcohol or other drugs, such as those listed in this policy under causes for reasonable suspicion should be documented in the form of a memorandum to Personnel; however, references made by the supervisor regarding alcohol or drug related appearances as a medical diagnosis should not appear in personnel files. WORKPLACE SUBSTANCE ABUSE PREVENTION POLICY PAGE FOUR DISCEUJN Ry A IDN The City views the use, possession, transfer, or sale of alcohol or drugs violation of this policy as being very serious and subject to disciplinary action in accordance with Diamond Bar's Personnel Rules and Regulations. Ifthe employee has either rejected assistance or has demonstrated a lack of serious commitment to overcoming the problem and achieving a satisfactory level of performance, attendance, or behavior, termination may be appropriate. If an employee drug tests show a positive result of alcohol and/or drugs two (2) times in a twelve (12) month period, termination may result. MUM Should the results of an employee drug test be positive, the following steps shall occur: 1 • The department director will have a discussion with Personnel to determine the type of disciplinary action which would be most suitable. 2. Personnel will evaluate the services of a rehabilitation program and provide a referral for the employee to undergo treatment through this program. Should the results of the drug testing be negative: 1. The employee is free to return to the workplace and assume his/her regular job duties. 2. No further action needs to be taken. Diamond Bar City Council January 18, 1994 INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council r FROM: Terrence L. Belanger, City Manager RE: Cultural Resources Commission - Ad Hoc Committee to Study and Make Recommendations DATE: January 18, 1994 ISSUE: The establishment of an ad hoc committee to study the over- expanding multi-culturalism in Diamond Bar and making recommendations to the Council regarding the creation of a Cultural Resources Commission. RECOMMENDATION: It is recommended that the City Council establish an ad hoc committee to study and make recommendations regarding the creation of a Cultural Resource Commission. It is further recommended that the Council determine the size of the committee and thereafter make appointments to the ad hoc committee. DISCUSSION: The remembrance of the Rev. Martin Luther King's birthday is an appropriate time to consider the depth and breadth of cultural diversity that has evolved over the past ten years, in Diamond Bar. The 1990 Census was a revelation to the City of Diamond Bar. The demographic changes that took place in Diamond Bar between 1980 and 1990 were dramatic. In 1980, the major race/ethnicity categories by percentage of the total population of 28,045 were as follows: White 68.9% Spanish origin 14.1% Asian/Pacific Islander 6.1% Black 5.1% '). C✓ CULTURAL COMMISSION JANUARY 18, 1994 PAGE TWO In 1990, the major race/ethnicity by percentage of the total Population of 53,672 were as follows: White 47.3% Asian/Pacific Islander 24.9% Spanish Origin 16.5% Black 5.7% The increases in race/ethnicity categories, other than White, demonstrate an ever-expanding cultural diversity that has been documented; but, has not been more definitively surveyed as to the cultural needs and resources that may exist within the community. With the advent of 1994, there is a belief that the rich cultural resources of this community should be identified and the multiplicity of these resources be more interwoven into the cultural fabric of Diamond Bar. A Cultural Resource Commission may be the better way to identify, plan and implement multi- cultural programs and projects for the community's enrichment. To this end, as the first step toward establishing formally a sense of multi-culturalism within the community, an ad hoc committee would be created to study and make recommendations regarding the inclusion of the diversity of cultural resources onto the pallet of the community's services, program and activities. Membership of such an ad hoc committee would be determined by the City Council, as would the the timeline for submittal of recommendations. �,J INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager RE: Community Committee on the Industry Materials Recovery Facility (IMRF) DATE: January 18, 1994 ISSUE: The establishment of a community committee to advise the City Council and assist in coordinating activities, within Diamond Bar, as well as, inter -community coordination, re the proposed Industry Materials Recovery Facility (MRF). RECOMMENDATION: It is recommended that the City Council create a Committee comprised of community members to advise the Council re the proposed Industry MRF. Further, it is recommended that the Council ask the IMRF Committee to assist in the coordination and implementation of intra -community and inter -community activities related to the proposed IMRF. DISCUSSION: In early 1993, the City of Industry distributed a draft environmental impact report (DEIR) related to placement of a proposed MRF in a location that was objectional to the City Council and residents of Diamond Bar. At that time, the Council, members of the community, staff and consultants worked together in opposing the MRF location. The result was that Industry reconsidered the location of the MRF. In August, 1993, Industry circulated a Notice of Preparation related to the change of location of the proposed IMRF. Since that time, the Council, residents, staff and consultants have been working together to prepare responses to the NOP and to coordinate community-based efforts in expressing the continuing opposition to the IMRF location. The Council will be considering the continued retention of the consultant firm, which has been assisting the City. Also, the City has been working with other communities and other organizations regarding the coordination of activities focused upon the opposition to the IMRF. IMRF COMMITTEE JANUARY 18, 1994 PAGE TWO In order to exert the optimum pressure upon the IMRF approval and certification process, it is desireable to have created a Community Committee to assist the City Council, residents and staff in advising the Council regarding the IMRF. And, utilize the IMRF Committee to coordinate intra - community and inter -community activities, in an effort to assure the IMRF does not become a reality at the proposed location or any other location adverse to the interests of the City and its residents. If the Council chooses to form an IMRF Committee, the Council Sub -Committee on Solid Waste should be given the responsibility for overseeing the activities of the Committee; and, be the Council liaison to the Committee and the community. The number of Committee members and the appointment of members need to be determined by the Council. CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Regular Meeting at the South Coast Air Quality Management District Auditorium, located at 21865 E. Copley Dr., Diamond Bar, California at 7:00 p.m. on Tuesday, January 18, 1994. 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 January 18, 1994 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 14th day of January, 1994, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar City of Diamond Bar Meeting Agenda For PRIVATE January 18, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER Wednesday: January 12, 1994 Page: 1 ROLL CALL: COUNCILMEMBERS ANSARI, PAPEN, MILLER, MAYOR PRO TEM HARMONY, MAYOR WERNER 2. PUBLIC COMMENTS: 3. COUNCIL COMMENTS: 4. SCHEDULE OF FUTURE EVENTS: 4.1 PLANNING COMMISSION - JANUARY 24, 1994 - 7:00 P.M. AQMD Auditorium, 21865 E. Copley Dr. 4.2 GENERAL PLAN ADVISORY COMMITTEE - JANUARY 25, 1994 - 7:00 P.M. - Heritage Park Community Center, 2900 S. Brea Canyon Rd. 4.3 PARKS & RECREATION COMMISSION - JANUARY 27, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 4.4 CITY COUNCIL MEETING - FEBRUARY 1, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5. CONSENT CALENDAR: 5.1 APPROVAL OF MINUTES - ADJOURNED REGULAR MEETING OF DECEMBER 14, 1993 - Approve as submitted. 5.2 WARRANT REGISTER - APPROVE WARRANT REGISTER DATED JANUARY 18, 1994 in the amount of $ 5.3 (A) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR... (B) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR... - For construction of an Arco/AM.PM. mini -mart which has now been submitted to the City for approval. Recommended Action: Adopt Resolution Nog,94-XX and R . 94 -XX authorizing and directing the City Clerk to accept the easement deed for sanitary sewer maintenance purposes for the relocated sanitary sewer shown in Exhibit "C" and accept the vaction of the sewer easement shown in Exhibit "E" at 3302 S. Diamond Bar Blvd. 5.4 NOTICE OF COMPLETION 1993-94 SLURRY SEAL IMPROVEMENT PROGRAM - f�rCjEFq FOUR - On September 21, 1993, the City Council awarded a slurry seal contract to Roy Allan Slurry Seal, Inc. for a total amount of $139,433. The work, including the necessary repair work, has been determined to be in accordance with plans and specifications approved by the City. City of Diamond Bar Wednesday: January 12, 1994 Meeting Agenda For Page: 2 PRIVATE January 18, 1994 5.4 NOTICE OF COMPLETION 1993-94 SLURRY SEAL IMPROVEMENT PROGRAM - Recommended Action: Accept work completed by Roy Allan Slurry Seal, Inc. and authorize the City Clerk to file the Notice of Completion and release any retention amounts per previously approved specifications. 5.5 PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1993 AND 1992 - The City's Proposition A Local Return (Prop A), Proposition C Local Return Fund (Prop C) and Transportation Development Act Funds (TDA) are required to be audited on an annual basis. The audit for the fiscal year ended June 30, 1993 was completed in October 1993 by Simpson & Simpson, C.P.A. Recommended Action: Receive, accept and file Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Fund Audit Reports for Fiscal Years ending June 30, 1993 and 1992. 6. PUBLIC HEARINGS: 7:30 P.M. OR AS SOON THEREAFTER AS MATTERS CAN BE HEARD 6.1 REQUEST FOR EXTENSION OF TIME OF PREPARATION OF GENERAL PLAN - Recommended Action: 6.2 STATEMENT OF OBJECTIVES AND PROJECTED USE OF 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS - The City has scheduled a public hearing to discuss programs and budgets for use of Community Development Block Grant (CDBG) funds. The City expects to receive approximately $290,932 in federal funds as a participant in the 1994-95 Los Angeles Urban - County CDBG Program. The funds may be used for a variety of community development activities which develop a viable urban community principally for persons of low and moderate income. The purpose of the public hearing is to solicit public testimony and receive presentations from public service organizations requesting funds, prior to taking action on a final statement of program objectives. Recommended Action: Open the public hearing, receive testimony and consider approving recommendations of the proposed project and budget recommendations as provided by staff. 7. OLD BUSINESS: 7 -ARD TD D-AVE.,;;'G' R-�T;�;I;T PF,- Imp RQV S IL City of Diamond Bar Wednesday: January 12, 1994 Meeting Agenda For Page: 3 PRIVATE January 18, 1994 7.2 /"CONTRACT BETWEEN CITY AND LBG POWER FOR ENGINEERING CONSULTING RE: PROPOSED INDUSTRY MRF - Recoikimepded Action: 8. NEW BUSINESS: SUBSTANCE ABUSE PREVENTION POLICY As a participating City in the Community Development Block Grant Program, the City shall provide a "drug-free" workplace. In accordance with this Federal requirement, the attached Substance Abuse Prevention Policy was developed. The policy discusses the purpose of the policy and the specific actions that will be taken against employees for violation of such prohibition. recommended Action: Adopt the.Substance Abuse Prevention Policy. 8.2 FINANCIAL ASSISTANCE TO L.A. COUNTY LIBRARY FOR FY 1993-94 - Re mmended Action: 3 • � �� : •fit. 9. ANNOUNAENTS . AC__ 10. CLOSED SESSION: MAY CONVENE TO CONSIDER: MATTERS OF PENDING Litigation (G.C. 54956.9). 11. ADJOURNMENT: INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council lo, FROM: Terrence 1. Belanger, City Manager RE: Request for Proposal - City Attorney Services DATE: January 18, 1994 ISSUE: The solicitation of proposals from qualified individuals and law firms for the provision of City Attorney services. RECOMMENDATION: It is recommended that the City Council direct the staff to solicit proposals from qualified individuals and law firms for the provision of City Attorney services. DISCUSSSION: On December 71 1993, the City Council selected an Interim City Attorney. At the time of the Interim City Attorney's selection, the City Council indicated that a Request for Proposal process, for permanent City Attorney services, would be undertaken. A draft Request for Proposal for City Attorney services has been prepared for Council review and comment. A copy of the contract form that has been previously used for City Attorney services will be included as an attachment to the Request for Proposal. The suggested date for the return of Proposals is February 18, 1994. The process and timeframe for the review of the Proposals and the selecting of those individuals and/or law firms that would be interviewed needs to be determined by the City Council. January 14, 1994 RE: Request for Proposal for City Attorney The City of Diamond Bar is requesting proposals from qualified attorneys to serve as City Attorney. If you or your firm are interested in acting in this capacity, please include in your proposal the information specified as follows: 1. General description and areas of expertise of your firm. Also, please describe areas in which your firm does not have expertise; for example, municipal financing, redevelopment law, etc. 2. Extent of experience in the representation of public agencies and the names of the public agencies currently represented by your firm as General Counsel and/or Special Counsel. Please name two personal references at each agency so listed who are familiar with the services your firm has provided. 3. Name of the attorney who would assume primary responsibility for attending meetings of the City Council, Planning Commission, etc., and name of any attorney or attorneys who would have secondary responsibility. a. Experience of the attorneys. b. status of the attorneys in the firm that is, partner or associate. 4. Estimated amount of time for your firm to familiarize itself with the affairs of the City. 5. Fee Schedule proposed to represent the City; for example, hourly rate, retainer, or combination. Request for Proposal for City Attorney January 14, 1994 Page Two 6. Type and unit rate for reimbursement of expenses; for example, rates for mileage, reproduction of documents, computer or work processing charges. 7. Any other information about your firm which you believe would be material. Proposals are due on or before February 18, 1994. After reviewing your proposal, the City Council, or a committee thereof, may request an interview with the member of your firm who would have primary responsibility for this engagement. Please respond to: Terrence L. Belanger, City Manager City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 AGREEMENT FOR LEGAL SERVICES That Agreement for Legal Services entered into on , ("the Agreement" hereinafter), by and between the CITY OF DIAMOND BAR, a municipal Corpora- tion ("CITY" hereinafter) and ("ATTORNEY" hereinafter). follows: 1. Term. It is agreed by and between the parties hereto as The operative date of this Agreement shall be and the Agreement shall continue in effect unless and until terminated as provided herein or until mutually rescinded. 2. City Attorney Basic Services. ATTORNEY shall furnish to CITY legal services as counsel to the City Council, City staff and boards and commission, including attendance at all regularly scheduled City Council and Planning Commission meetings and weekly staff meetings, consultation with Council Members and with management staff personnel as needed and the review and/or preparation or ordinances, resolutions, contracts, opinions, memoranda and other documents have legal significance ("Basic services" hereinafter), and litigation services as required. 1 3. Exclusions. Excluded from said basic services of ATTORNEY are (a) criminal prosecutions handled by the Los Angeles District Attorney, (b) litigation where the City Council decides to retain special counsel, (c) bond work requiring services where the CITY decides it appropriate to retain special counsel, (d) meetings of boards and commissions of the City in excess of the meetings specified in paragraph 2, above, and (e) services wherein ATTORNEY has, in its judgment or that of the City Council a conflict of interest. 4. Independent Contractor. ATTORNEY, and its employees, is an independent contractor and not an employee of CITY. S. Designation of City Attorney. shall be and hereby is designated as "City Attorney" and shall have primary responsibility for providing services hereunder. 6. Fees and Expenses. A. ATTORNEY shall be compensated for all services rendered hereunder, subject to the provisions of Paragraph 6.B, below, as follows: (i) At the rate of One hundred twenty-five dollars ($125.00) per hour for the services of (ii) At the rate of One hundred five 2 dollars ($105.00) per hour for the services of law firm; and principals (partners) of the (iii) At the rate of Ninety dollars ($90.00) per hour for associate lawyers; and (iv) At the rate Sixty dollars ($60.00) per hour for the services of law clerks and paralegals. B. CITY and ATTORNEY agree that the rates specified in Paragraph 6.A may be modified by supplemental mutual agreement by the parties hereto from time to time, provided that ATTORNEY shall not request any such modification to become effective prior to the conclusion of CITY's fiscal year 1993-94. ATTORNEY and CITY agree that ATTORNEY shall be compensated for basic services, at the hourly rates specified in Paragraph 6.A., above, not to exceed the maximum sum of $5,500.00 per month for general services. ATTORNEY and CITY agree that the maximum monthly charge for general services hereunder may be modified from time to time by supplemental mutual agreement of the parties hereto, provided that ATTORNEY shall not request any such modification to become effective prior to the conclusion of CITY's fiscal year 1993-94. C. ATTORNEY shall be reimbursed for out-of- pocket expenses incident to services performed in addition to other payments provided for herein. Such out-of-pocket 3 expenses shall include: 1) extraordinary reproduction costs, 2) computerized research expenses, and 3) travel and lodging expenses in the event ATTORNEY is required to travel other than in San Bernardino County, Los Angeles County, or Orange County areas on behalf of CITY. Chargeable automobile mileage shall be charged at the rate of Twenty-one cents ($.21) per mile for automobile travel outside the area specified herein. 7. Statements and Payments. ATTORNEY shall present a statement for services rendered and expenses incurred on a monthly basis and CITY shall pay the amount on said statement upon presentation or within a reasonable time. 8. Contact with City council. Should it become necessary for ATTORNEY to directly contact the City Council, ATTORNEY shall do so by contacting the Mayor. If the Mayor is unavailable, ATTORNEY shall contact the Mayor Pro Tem, and if both the Mayor and Mayor Pro Tem are unavailable, ATTORNEY shall contact any other Council Member. 9. Indemnity. ATTORNEY shall indemnify, save harmless and defend CITY, its elected officials, officers, agents, and employee, including the payment by ATTORNEY for any and all legal costs and attorneys' fees, from all liability from loss, damage or injury to persons or property in any manner 4 arising out of or incidental to the performance by ATTORNEY of this Agreement. 10. Termination. This Agreement, and attorney services hereunder, may be terminated upon thirty (30) days' written notice provided by either party to the other party hereto, or as otherwise mutually agreed in writing. Upon any such termination, ATTORNEY will supply orderly transitional services at the hourly rates herein specified. WHEREFORE, the parties have executed this Agreement as of the dates set forth below opposite the name of each such party. Dated: Dated: CITY OF DIAMOND BAR, A Municipal Corporation 5 Mayor City Clerk Attorney CITY Or DL %MOND DAR AGENDA REPORT AGENDA NO. � �— TO: Terrence L. Belanger, City Manager MEETING DATE: January 18, 1994 REPORT DATE: January 11, 1994 FROM: James DeStefano, Community Development Director Kellee A. Fritzal, Administrative Assistant TITLE: STATEMENT OF OBJECTIVES AND PROJECTED USE OF 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS SUMMARY: The City has scheduled a public hearing to discuss programs and budgets for use of Community Development Block Grant (CDBG) funds. The City expects to receive approximately $290,932 in federal funds as a participant in the 1994-95 Los Angeles Urban County CDBG Program. The funds may be used for a variety of Community Development activities which develop a viable urban community principally for persons of low and moderate income. The purpose of the public hearing is to solicit public testimony and receive presentations from public service organizations requesting funds, prior to taking action on a final statement of program objectives. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony and consider approving the recommendations of the proposed project and budget recommendations as provided by staff. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes No Which Commission? 5. Are other departments affected by the report? Yes _ No Report discussed with the following affected departments: Engineering Community Services R VIEWED Y: , errence L. Belanger Frank M. Lfsh& J es DeStefano City Manager Assistant City Manager Community Devel pment Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: STATEMENT OF OBJECTIVES AND PROJECTED USE OF 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS ISSUE STATEMENT: As required by Federal guidelines a public hearing must be conducted, prior to the adoption of the 1994-95 Statement of Objectives and projected use of Community Development Block Grant program funds. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony and consider approving the proposed project and budget recommendations as provided by staff. FINANCIAL SUMMARY: Approval/allocation of the 1994-95 CDBG budget will be incorporated into the 1994- 95 budget document. The CDBG program does not impact the General Fund budget of the City. BACKGROUND: The City of Diamond Bar, through a Cooperative Agreement, is part of the Los Angeles Community Development Commission - Community Development Block Grant Program (CDBG). The CDBG program was established through the Housing and Community Development Act of 1974. The primary objective of Title I of the Housing and Community Act of 1974, as amended, and of the community development program of each grantee under the Title is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. The City receives Community Development Block Grant funds based upon a formula which appropriates grants to cities in metropolitan areas. The use of CDBG funds must meet the primary objectives of the Housing and Community Development Act of 1974. The primary national objectives are: The project must principally serve low -and moderate -income persons, Eliminate slums and blight, or Address a recent and urgent health and safety need. The projects must also meet eligible activity categories including: acquisition of real property for an eligible use; acquisition, construction, and rehabilitation of public facilities; demolition and clearance of deteriorated buildings; community services for low -and moderate -income households; removal of barriers that restrict the mobility of elderly or handicapped persons; special economic development activities. In addition the project must address the community development objectives the City proposes to pursue. In February 1991, the City Council established requirements for determining funding eligibility for CDBG monies, these requirements are attached. CDBG grants are used for various community development, housing, rehabilitation and public service programs. The funds may only be used within low and moderate income census tracts (of which the City has none) and/or to benefit low and moderate income persons and/or presumed eligible persons (seniors and handicap). PAGE TWO CDBG ALLOCATION Those projects which are determined eligible and are granted funding must meet the federal regulations/requirements as subrecipients. The regulations include determining eligibility of participants, submitting invoices with the required back-up documentation, and retention of all records for a three year period. The City provides support to the projects that receive funding with technical assistance and monitoring to insure compliance with the Federal requirements. The Grantee (City of Diamond Bar) is responsible for managing the day-to-day operations of grant and sub -grant supported activities. Grantees must monitor grant and subgrantees supported activities to assure compliance with applicable Federal requirements and that performance goals are being achieved. Grantee monitoring must cover each program, function, or activity. As part of the allocation of the total grant of $290,932, 25% ($72,733) may be allocated towards Community Services projects, 10% ($29,093) may be allocated to administration of the projects and planning studies, with the remainder of funds allocated towards eligible public works or conservation programs. The 1994-95 program year will be the fifth year of the City's involvement in the Los Angeles County CDBG program. DISCUSSION: The planning process is underway to begin formulating project activities and projected use of funds for the twenty (20th) program year - FY 1994-95. The City anticipates receiving revenue in the amount of $290,932 for implementation of the programs. As part of the application process, the City must describe the programs which are currently being implemented and how those programs meet the goals and objectives that have been established by the City. W11304 a em Wd Wal VIVi 01 -am &00 R43 "I YMCA - Childcare - (Budgeted $30,000) This program assists low and moderate income families (principally female lead households) with after school Childcare. The YMCA is assisting on average 11 to 14 children on a monthly basis. YMCA - Summer/Off Track Camp - (Budgeted $9,500) This program is designed to assist low and moderate income families attend a summer day camp program and/or "off-track" programming for year round schooling, to date 52 children have been served in this program. Boy Scouts Adventure Mountain Camp - (Budgeted $4,000) - This program is designed to bring boys from low income families not presently involved in scouting to an activity based camping experience. The program was not conducted in July, 1993 and will be carried over to July 1994. YWCA Y -Teen Program - (Budgeted $4,000) This program is designed to target high risk youth to develop self-image and self-esteem in young girls. The YWCA was unable to secure a location for the program to commence as planned at Lorbeer Junior High School. The YWCA has now secured a site at a local church to begin the program by January 18, 1994. YMCA Senior Program - Lively Seniors - (Budgeted $1,000) This program was designed to offset facility rental and insurance costs for senior programs conducted by the Lively Seniors. The Seniors now meet at the Heritage Park Community Center and there are no fees being charged to the Lively Seniors. The seniors have averaged 70 participants at their weekly meetings. PAGE THREE CDBG ALLOCATION Senior Emergency Preparedness - (Budgeted $8,000) The program is designed to educate and encourage senior citizens to prepare for earthquakes by identification and elimination of hazards. The Emergency Coordinator has conducted several meetings and training sessions. Senior Programming - (Budgeted $11,600) This program is designed to conduct senior programming and services for local seniors. A Senior Coordinator has been hired to organizing and conduct the program. To date six classes are being conducted along with a weekly card group. Administration - (Budgeted $29,093) This is designed to provide for general management, oversight and coordination of the CDBG projects and programs. Heritage Park Community Center Equipment - (Budgeted $32,750) The project has provided tables and chairs to operate the Senior Program. Additional equipment for the Senior program will be purchased. Park Retrofit - (Budgeted $84,597) In order to comply with the American's with Disabilities Act (ADA) of 1992 the City must retrofit City parks. The City has retained a Landscape Architect to assist with the retrofitting of the parks. Handicap Access Ramps - (Budgeted $82,980) As part of the City's ADA compliance this project will retrofit or develop curbcuts along the major commercial centers on Diamond Bar Boulevard and Grand Avenue. This project is currently in the design phase. Funds not utilized in the 1993-94 program year will be carried -over into a contingency fund, which can be reprogrammed into the 1994-95 program year. In addition the carry-over from the 18th Year (1992-93) of $23,400 can be programmed into the Public Works or Conservation projects. In anticipation for the new CDBG funding cycle the City published public notices announcing the availability of CDBG funds. Staff developed an application form for the agencies to complete to be eligible for CDBG funding, the applications are attached. After review of the application forms, past performance and interviews with the applicants, the following funding recommendations are made by staff. PUBLIC SERVICE REQUESTS According to CDBG regulations, the City may fund public service programs not to exceed a maximum of 25% of the program grant ($72,733). The City received requests from four (4) public service agencies and two (2) City departments. Diamond Bar/Walnut YMCA - Childcare (Requested $34,000, Staff Recommended $25,000) This program assists low and moderate income families with afterschool childcare. Proposed to serve 15 to 17 children monthly. Diamond Bar/Walnut YMCA - Summer Camp - (Requested $11,674, Staff Recommended $9,500) Program assist low and moderate income families with summer day camp 6:30 a.m. to 6:30 p.m. and off track Childcare. Proposed to serve 18 children monthly. PAGE FOUR CDBG ALLOCATION West End YWCA - Y -Teen Program - (Requested $7,957, Staff recommended $4,233) Program to assist high risk youth in self image and self-esteem. Proposed to serve 30 girls at weekly meetings. Diamond Bar Lively Seniors - Insurance/Truck Rental - (Requested $1,000, Staff recommended $0) This Senior group meets weekly (Tuesdays) at Heritage Park Community Center, they are requesting monies for liability insurance and truck rental for food distribution. Staff recommends not funding this group due to the City's Senior program serving the community, on a daily basis. The proposed truck rental for food distribution according to the senior records serves mainly non -Diamond Bar residents. City of Diamond Bar - Senior Program - (Requested $30,000, Staff recommended $30,000) Program is designed to provide senior programs and services, including a hot lunch program, referral/legal services and classes. The program expects to average 100 participants on a daily basis. Diamond Bar Mediation Center - Low -Moderate Income Mediation - (Requested $5,620, Staff recommended $2,000) Project would offer free mediation services to low- to moderate -income residents. Program proposed to serve 100 residents. City of Diamond Bar - Senior Emergency Preparedness - (Requested $7,500, Staff recommended $2,000) Project would educate and encourage seniors to prepare for earthquakes or other emergencies, as well as elimination of hazards. It is proposed to serve 750 residents. City of Diamond Bar - Community Emergency Preparedness and Risk Awareness Project - (Requested $8,500, Staff recommended $0) After review the project no funds are recommended due to an apparent ineligibility. ADMIMSTRATION/PLANNING REQUESTS According to CDBG regulations a maximum of 10% of the total allocation can be used for planning and administration ($29,093). Planning and Administration - (Requested $29,093, Staff recommended $29,093) The program would include the monitoring, oversight and coordination of the City's CDBG program. The administration would include 25% of an Administration Assistant, 15% of a clerk -typist and 5% of the Community Development Director. In addition it is recommended that a Comprehensive City Wide Transitional plan be developed regarding the American's with Disabilities Act. PUBLIC WORKICONSER VA 77ON REQUESTS There are no limits on the Public Works/Conservation allocations, based upon the above allocations the remainder would be 65% or $189,106. City of Diamond Bar - Park Retrofitting - (Requested $180,600, Staff recommended $100,106) The project would complete the retrofit of Maple Hills Park and Peterson Park to comply with the ADA requirements. PAGE FIVE CDBG ALLOCATION City of Diamond Bar - Heritage Park Equipment - (Requested $30,300, Staff recommended $21,000) The funds would be used to purchase 100 chairs, 8 banquet tables, computer and a storage container. City of Diamond Bar - Handicap Access Ramps - (Requested $180,250, Staff recommended $68,000) - The project area would include modifying and adding new ramps along Golden Springs Drive and Diamond Bar Boulevard. In addition staff recommends allocating carry-over funds of $23,400 for a total of $91,400. City of Diamond Bar - Housing Rehabilitation - (Requested $55,000, Staff recommended $0) This project would provide grants and loans to eligible low and moderate income families for housing rehabilitation. Due to the General Plan status it was determined that this project would be withheld until the next funding cycle. In addition, the City may apply for funding of the Housing Rehabilitation program through other County CDBG programs. CONCLUSION The purpose of the public hearing is to solicit public testimony and receive presentations from public service organizations requesting funds. It is an opportunity for the City Council to question the proposed public service organizations as well as City staff regarding the applications under consideration. PREPARED BY: Kellee A. Fritzal Administrative Assistant Attachments: City Requirements for CDBG Projects Notice of Availability of CDBG Funding Public Hearing Notice Matrix of Staff Recommended Funding CDBG Project Applications PUBLIC NOTICE CITY OF DIAMOND BAR NOTICE OF AVAILABILITY OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR FISCAL YEAR 1994-95 The City of Diamond Bar anticipates that approximately $290,000 in Federal Community Development Block Grant funds will be available for projects and program administration in fiscal year 1994-95. The City invites proposals for projects including public improve- ments, public services and housing rehabilitation. Individuals may suggest a project or program to be undertaken by the City or other eligible organization. Also, government agencies and community organizations may apply for funding for a project or program funded by Community Development Block Grant. All proposals must adhere to Federal guidelines which include meeting one of the following criteria: At least 51 percent of the persons or households benefitting from a project that serves an area as a whole, must meet low or moderate income standards. For a direct service, the activity must principally benefit low or moderate income persons or households with at least 51 percent of those most meeting low and moderate income standards. Conditions of slum and blight must be reduced or eliminated. Information on proposed projects must be submitted on forms provided by the City by December 6, 1993. For further information and application forms, please contact Kellee Fritzal, Administrative Assistant at (909) 396-5690 or come into City Hall located at 21660 E. Copley, Suite 100, Diamond Bar, Ca 91765 CITY OF DIAMOND BAR PUBLIC BEARING REGARDING PROPOSED STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City of Diamond Bar expects to receive approximately $290,943 in federal Community Development Block Grant (CDBG) funds as a participant in the 1994-95 Los Angeles Urban County CDBG program. The City has scheduled a public hearing to discuss programs and a budget for the use of the CDBG funds. The Diamond Bar City Council will conduct a public hearing on Tuesday, January 18, 1994, prior to their taking action to formulate a Final Statement of Community Development Objectives and Projected Use of Funds for the 1994-95 CDBG program year. City staff will present details of the proposed program and all interested persons will be invited to speak. STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS GOAL: To carry out the primary objective of the Housing and Community Development Act of 1974, as amended, to develop a viable urban community, principally for persons of low and moderate income. OBJECTIVES: 1. To provide and facilitate an extensive menu of services and programs for Diamond Bar seniors. 2. To provide public services for low and moderate income residents concerned with child care, crime prevention, health, mediation, emergency preparedness, drug abuse and education, among others. 3. To provide for the retrofit of City parks and curb cuts city-wide to meet the Americans with Disabilities Act. 4. To provide planning and administrative capacity to implement the City's CDBG program objectives. The program will be implemented to provide primary benefit to low and moderate income residents of the community. All interested persons are invited to attend the City Council public hearing at 7:30 p.m. or soon there after, on Tuesday, January 18, 1994. The hearing will be held at the South Coast Air Quality Management District located at 21865 E. Copley Drive, Diamond Bar, CA 91765. Additional details concerning any of the above information may be obtained by calling the City at (909) 396-5690. Kellee Fritzal Administrative Assistant Publish: January 6, 1994 CITY OF DIAMOND BAR REQUEST FOR CDBG FUNDING Request for City CDBG Funding will be evaluated as it relates to meeting the community needs and objectives, of the City of Diamond Bar. The City of Diamond Bar will consider a project which is directed towards the community's need for improvement, development, employment, maintenance, and public services and facilities. Award for contribution will be evaluated according to the following: The proposed project should expand capital formation, business development, and ownership Opportunities in the city; or 2. The proposed project should emphasize programs which show early results, create high visibilit , et have the potential of producing enduring community benefits; or y y 3. The proposed project should expand job opportunities and the urban tax base by increasing the incentive for industrial and commercial reinvestment; or s 4. The proposed project should provide facilities and services which meet basic human needs and are essential to sound community development; or 5. The proposed project should encourage public/private sector partnerships for job training, placement and management assistance which promote participation in the Diamond Bar community and ensure -curriculum responsible to the market place; or 6. The proposed project should eliminate blight by improving the appearance and upkeep of private and public property and encourage programs which maintain and upgrade the quality of life and environment; or 7. The proposed project should be economically sound with multiple source funding, which, where applicable, have a significant volunteer component; or 8. The proposed project should stress tangible and measurable results and demonstrate strong communit involvement, linkage to related supportive services such as Employment, y Senior Citizen Services, Health, Drug and Alcohol Abuse Prevention Program, Prevention, Child Care, Programs and Activities, and Neighborhood Watch Programs; or 9. The proposed project should demonstrate acquisition, construction/reconstruction, rehabilitation, or installation and improvement of the following public facilities which are necessary for the applicant's neighborhood revitalization. These facilities are: senior citizen centers; parks; playgrounds and other recreational facilities; centers for the handicapped; neighborhood facilities; solid waste disposal facilities; fire and police protection facilities; parking facilities; public utilities; street improvements; water and sewer facilities; flood and drainage facilities; and other facilities and improvements which are necessary for the applicant's neighborhood revitalization will have a high priority. NOTE: Any program or project, in order to be approved for CDBG funding, Policy, procedure, and criteria. must comply with all CDBG CITY OF DIAMOND BAR REQUEST FOR CDBG FUNDING Request for City CDBG Funding will be evaluated as it relates to meeting the community needs and objectives, of the City of Diamond Bar. The City of Diamond Bar will consider a project which is directed towards the community's need for improvement, development, employment, maintenance, and public services and facilities. Award for contribution will be evaluated according to the following: 1 The proposed project should expand capital formation, business development, and ownership opportunities in the city; or 2. The proposed project should emphasize programs which show early results, create high visibility, yet have the potential of producing enduring community benefits; or 3. The proposed project should expand job opportunities and the urban tax base by increasing the incentives for industrial and commercial reinvestment; or 4. The proposed project should provide facilities and services which meet basic human needs and are essential to sound community development; or 5. The proposed project should encourage public/private sector partnerships for job training, placement and management assistance which promote participation in the Diamond Bar community and ensure -curriculum responsible to the market place; or 6. The proposed project should eliminate blight by improving the appearance and upkeep of private and public property and encourage programs which maintain and upgrade the quality of life and environment; or 7. The proposed project should be economically sound with multiple source funding, which, where applicable, have a significant volunteer component; or 8. The proposed project should stress tangible and measurable results and demonstrate strong community involvement, linkage to related supportive services such as Employment, Crime Prevention, Child Care, Senior Citizen Services, Health, Drug and Alcohol Abuse Prevention Program, Youth Diversion Programs and Activities, and Neighborhood Watch Programs; or 9. The proposed project should demonstrate acquisition, construction/reconstruction, rehabilitation, or installation and improvement of the following public facilities which are necessary for the applicant's neighborhood revitalization. These facilities are: senior citizen centers; parks; playgrounds and other recreational facilities; centers for the handicapped, neighborhood facilities; solid waste disposal facilities; fire and police protection facilities; parking facilities; public utilities; street improvements; water and sewer facilities, flood and drainage facilities; and other facilities and improvements which are necessary for the applicant's neighborhood revitalization will have a high priority. NOTE: Any program or project, in order to be approved for CDBG funding, must comply with all CDBG policy, procedure, and criteria. PUBLIC NOTICE CITY OF DIAMOND BAR NOTICE OF AVAILABILITY OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR FISCAL YEAR 1994-95 The City of Diamond Bar anticipates that approximately $290,000 in Federal Community Development Block Grant funds will be available for projects and program administration in fiscal year 1994-95. The City invites proposals for projects including public improve- ments, public services and housing rehabilitation. Individuals may suggest a project or program to be undertaken by the City or other eligible organization. Also, government agencies and community organizations may apply for funding for a project or program funded by Community Development Block Grant. All proposals must adhere to Federal guidelines which include meeting one of the following criteria: At least 51 percent of the persons or households benefitting from a project that serves an area as a whole, must meet low or moderate income standards. For a direct service, the activity must principally benefit low or moderate income persons or households with at least 51 percent of those most meeting low and moderate income standards. Conditions of slum and blight must be reduced or eliminated. Information on proposed projects must be submitted on forms provided by the City by December 6, 1993. For further information and application forms, please contact Kellee Fritzal, Administrative Assistant at (909) 396-5690 or come into City Hall located at 21660 E. Copley, Suite 100, Diamond Bar, Ca 91765 CITY OF DIAMOND BAR PUBLIC HEARING REGARDING PROPOSED STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City of Diamond Bar expects to receive approximately $290,943 in federal Community Development Block Grant (CDBG) funds as a participant in the 1994-95 Los Angeles Urban County CDBG program. The City has scheduled a public hearing to discuss programs and a budget for the use of the CDBG funds. The Diamond Bar City Council will conduct a public hearing on Tuesday, January 18, 1994, prior to their taking action to formulate a Final Statement of Community Development Objectives and Projected Use of Funds for the 1994-95 CDBG program year. City Staff will present details of the proposed program and all interested persons will be invited to speak. STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS GOAL: To carry out the primary objective of the Housing and Community Development Act of 1974, as amended, to develop a viable urban community, principally for persons of low and moderate income. OBJECTIVES: 1. To provide and facilitate an extensive menu of services and programs for Diamond Bar seniors. 2. To provide public services for low and moderate income residents concerned with child care, crime prevention, health, mediation, emergency preparedness, drug abuse and education, among others. 3. To provide for the retrofit of City parks and curb cuts city-wide to meet the Americans with Disabilities Act. 4. To provide planning and administrative capacity to implement the City's CDBG program objectives. The program will be implemented to provide primary benefit to low and moderate income residents of the community. All interested persons are invited to attend the City Council public hearing at 7:30 p.m. or soon there after, on Tuesday, January 18, 1994. The hearing will be held at the South Coast Air Quality Management District located at 21865 E. Copley Drive, Diamond Bar, CA 91765. Additional details concerning any of the above information may be obtained by calling the City at (909) 396-5690. Kellee Fritzal Administrative Assistant Publish: January 6, 1994 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT 20TH YEAR ALLOCATION - $290,932 FISCAL YEAR 1994-95 PUBLIC SERVICE - $72,733 YMCA - Childcare CDBG Program Management $22,061 School Year Childcare $34,000 $30,000 $34,000 $25,000 Diamond Bar/Walnut YMCA City of Diamond Bar ADA Park Retrofitting Summer Camp Program $11,674 $9,500 $11,674 $9,500 YWCA of the West End . Equipment $32,750 Y -Teen Program $5,950 $4,000 $7,957 $4,233 Lively Seniors $82,980 City of Diamond Bar Insurance/rental $1,000 $1,000 $1,000 $0 City of Diamond Bar Senior Programming $11,600 $11,600 $30,000 $30,000 Diamond Bar Mediation Center Low/Mod Mediation N/A N/A $5,620 $2,000 City of Diamond Bar Senior Emergency Prepardnes $8,000 $8,000 $7,500 $2,000 City of Diamond Bar Community Awarness Project N/A NIA $8.500 cn PLANNING AND ADMINISTRATION - $29,032 City of Diamond Bar CDBG Program Management $22,061 $29,092 Contingency $0 PUBLIC WORK REQUESTS - $189,106 City of Diamond Bar ADA Park Retrofitting $51,500 $84,597 City of Diamond Bar Heritage Park Community Bld . Equipment $32,750 $32,750 City of Diamond Bar Handicap Access Ramps $112,000 $82,980 City of Diamond Bar Housing Rehabilitation N/A N/A 1 $180 $100,106 'PsU,3uu $21,000 Carry-over $23,400,fortotal $91,400 $180,250 $68,000 $0 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT 20TH YEAR ALLOCATION - $290,932 FISCAL YEAR 1994-95 PUBLIC SERVICE - $72,733 YMCA - Childcare $84,597 School Year Childcare Diamond Bar/Walnut YMCA $34,000 $30,000 $34,000 $25,000 Summer Camp Program YWCA of the West End $11,674 $9,500 $11,674 $9,500 Y -Teen Program Lively Seniors $5,950 $4,000 $7,957 $4,233 Insurance/rental City of Diamond Bar $1,000 $1,000 $1,000 $0 Senior Programming Diamond Bar Mediation Center $11,600 $11,600 $30,000 $30,000 LOW/Mod Mediation City of Diamond Bar N/A N/A $5,620 $2,000 Senior Emergency Prepardnes City of Diamond Bar $8,000 $8,000 $7,500 $2,000 LCommunity Awarness Project N/A I N/A $8,500 $0 PLANNING AND ADMINISTRATION -$29,032 City of Diamond Bar CDBG Program Management $22,061 $29,093 $22.061 PUBLIC WORK REQUESTS - $189,106 City of Diamond Bar ADA Park Retrofitting City of Diamond Bar Heritage Park Community City of Diamond Bar Handicap Access Ran City of Diamond Bar Housing Rehabilitation $51,500 $84,597 $32,750 $32,750 $112,000 $82,980 $1 ,093 106 $30,300 $21,000 Carry-over $23,400,fortotal $91,400 $180,250 SAA nnn N/A I N/A 1 $55 $0 1 December 3, 1993 Kellee Fritzal City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765 Dear Ms. Fritzal, The Diamond Bar/Walnut YMCA is requesting funding from the 1993 Community Development Block Grant Program to continue financial assistance to low and moderate income families that participate in our child care programs. This will include our after-school program, day camp and year round off-track program. These programs make a significant difference in our community. They help working parents by providing a safe, clean and positive environment for children after school and on school holidays. The programs introduce participants to values education, physical fitness, community service and leadership. The programs include time for homework, learning team spirit and sportsmanship, field trips and special projects. They encourage the participants to grow as a family unit by providing special activities that include the entire family. The request will allow the YMCA to expand financial assistance from the 17% in 1993 to 20% projected for 1994. Your favorable consideration of this affordable child care will continue to families with the highest need. request will help insure that quality, be available in our community to Thank you for your continued interest and support. Sincerely, Jerry %White Branch Director 22600 SUNSET CROSSING • DIAMOND BAR, CALIFORNIA 91765 • (909) 860 n A BRANCH OF THE POMONA VALLEY METROPOLITIAN YMCA CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK G"WC&TG": z APPLICATION FOR FUNDING All requests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Community Development Act as amended. APPLICATION DEADLINE: I. Application Summary DECEMBER 6, 1993 Name of organization Diamond Bar/Walnut YMCA Project NameLow-income Child Care Amount Requested: $ 34.000 Location of Project Diamond Bar/Walnut YMCA a„ri i"—Irlon c ring F1irhool Funds would be used to: Financially assist low-income child care participants. II. General Information Organization Address 22600 Sunset Crossing City Diamond Bar Telephone X909) 860-0387 Zip Code 91765 Contact Person Jerry White Title Branch Director Officials authorized to sign contract and expend funds for applicant: Name Jerry White Title Branch Director Name Pastor William Hampton Title General PirPrtnr Federal I.D. Number/Social Security Number (non-profit corporation) : # 95-1641976 Project Description (Check applicable category) Real Property Acquisition Capital Equipment Acquisition Planning/Studies (Construction) Other: X Public Service Rehabilitation/ Preservation Other (if checked explain below) This request is for a new X existing program. (dlak) Has program/project received past funding from the City of Diamond Bar? Yes If Yes, please identify the source, year and amount: III. Goals and objectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) See attached sheet. Describe the specific purpose of the P problems the project is intended to so Ve7ect, identifying the See attached Sheet. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). The C L r v o f Tl; .... a n_ IV. Financ a"nfor,est"on Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. None III. Goals and Ob-ectives Description of Project The Diamond Bar/Walnut YMCA is a major childcare provider for the Pomona Valley and Walnut Unified School Districts. A total of 75 children are currently utilizing the services with 17% of them receiving some form of financial assistance. We anticipate this increasing to 20% in the next year. The YMCA offers varying degrees of financial assistance to those who cannot afford to pay based on verification of income and need of program. The increasing demand for financial assistance due to economic instability, escalating inflation and increased costs of running a state licensed program has put a severe strain on the YMCA. In the calendar year of 1992 over $15,.000 was granted in financial assistance to Diamond Bar/Walnut YMCA childcare participants. The childcare need for low income fam- ilies is growing and becoming a critical need in our community. The CDBG funding would make it possible to meet the current needs. Purpose of Project Providing childcare for low income families helps solve several problems:. 1) It allows parents of children to seek and maintain employment and or training which improves their quality of life and the local economy. 2) Childcare improves the quality of life for low income children of our community by providing them with a safe, supervised environment. The YMCA childcare program introduces partic- ipants to values education, physical fitness, and community service that they may not recieve at home. It also encourages participants to grow as a family unit by providing activities that include the entire family. In short, the YMCA childcare program provides positive role models, life enriching experiences and age apporpriate compan- ionship to those children who would otherwise be home alone. V. program Client profile A. Clients served in previous year Dia85 Bar T10�1 B. clients below low/moderate income it 0 C. Clients expected in new year 15 D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. Our clients include school aged children ranging in ages from 5 years old to 14 years old. These children come from all ethnic backgrounds and economic levels. All clients must be interviewed and meet criteria before awarded financial assistance. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature � � Title Branch Director i Name Jerry White Date / a - � • 9j ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization Diamond Bar/Walnut YMCA ESTIMATED EXPENDITURES CATEGORIES FROM CITY Salaries & Benefits $ 16,620 Supplies 700 Rent 3,400 Communication 150 (Wkpbowc powne. eft) Travel Expenses 880 Insurance OTHER SOURCES TOTAL $ 66,480 $ 83,100 2,820 3,520 13,600 17,000 560 710 3,520 4,400 10,720 13,400 Al 830 Other iu 38,270 ck— v-ifr) ( food,license and permits, training, administrative costs) SUBTOTALS - $34,000 $135,970 (A) TOTAL BUDGET $169,960.00 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) _ County or State (specify) Federal Programs Contributions Fund Raising * see below Program/Participant Fees:_ Other (specify) $34,000 $135,970 (B) TOTAL ESTIMATED INCOME (should equal A): $ 169,960.00 The YMCA has several fundraising events each year that help to off set administrative and building costs. However, the child care programs do not directly brnrfit frcm the money raised frau these events. CITY " .i_... OF DIAMOND BAR �,; ,+ COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FUNDING All requests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Hcusing and Community Development Act as amended. APPLICATION DEADLINE: DECEMBER 6, 1993 I. Application Summary Name of Organization Diamond Bar/Walnut YMCA Project Name Low-income child programin&mount Requested•$ 11,674.00 Location of Project Diamond Bar/Walnut YMCA Funds would be used to: Fianancially assist low-income Hay Camp Program aarticioants. II. General Information Organization Address 22600 Sunset Crossing City Diamond Bar Telephone (909) 860-0387 Zip Code 91765 Contact Person Jerry White Title Branch Director Officials authorized to sign contract and expend funds for applicant: Name Jerry White Title Branch Director Name Pastor William Hampton Title General Director Federal I.D. Number/Social Security Number (non-profit corporation) : # 95-1641976 Project Description (Check applicable category) Real Property Acquisition Capital Equipment Acquisition Planning/Studies (Construction) Other: X Public Service Rehabilitation/ Preservation Other (if checked explain below) This request is for a new X existing program. (dlr-k) Has program/project receivedp g ast funding Diamond Bar? yes from the city of If yes, please identify the source, year and amount: III. Goals and Obiective9 Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) Describe the specific purpose of the project, identifying the problems the project is intended to solve: See attached Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). The City of Diamond Bar IV. Financial Iniorntio Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. No III. Goals and Objectivies Description of Project The YMCA Summer Day Camp program offers outdoor opportunities for school aged children in the Diamond Bar community. Day Camp opperates during the months of June, July, and August from 6:30 am. to 6:30 pm. Monday through Friday. Last year over 75 children were served each week. This year the YMCA is expanding Day Camp programing to include "off track" periods at local year round elementary schools. Purpose of Project Providing financially assisted Day Camp helps to improve the quality of life for low income children of our community by providing them with a safe, positive environment. The YMCA Day Camp program introduces participants to values education, physical fitness, community service and a wealth of outdoor ex- periences they may not receive at home. It also encourages participants to grow as a family unit by providing special activities that include the entire family. In short, the YMCA Day Camp program provides positive role modles, life enriching experiences and age appropriate ac- tivities to those children who would otherwise be home alone. V. Program Client Profile A. Clients served in previous year Diamond Bar Total B. Clients below low/moderate income C. Clients expected in new year 1 R D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how e meet the f deral requirement of benefitting lower rincome e r will e persons. Our clients inclnrla old to 14rs years old. These children come from all ethnic backgrounds and economic levels. All clients must be interviewed and meet criteria before awarded financial assistance. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. we understand that the formal agreement with the City Will define other reporting provisions and federally required assurances. Signature _ �, t Title Branch Director Name Jerry White Date ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET organization Diamond Bar/Walnut YW_A ESTIMATED EXPENDITURES CATEGORIES FROM CITY OTHER SOURCES TOTAL Salaries & Benefits $ 7,704.00 $ 30,820.00 $ 38,524.00 Supplies 490.00 11960.00 2,450.00 Rent 1,120.00 4,480.00 5,600.00 Communication 20.00 80.00 100.00 Oc4bwe, posnne, etc) Travel Expenses 800.00 3,200.00 4,000.00 Insurance 1,180.00 4,720.00 5.900.00 Other 360.00 1,440.00 1,800.00 MeiC V -if') (snack costs) SUBTOTALS 11,674.00 46,700..00 (A) TOTAL BUDGET $ 58,374.00 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) _ County or State (specify) Federal Programs Contributions Fund Raising Program/Participant Fees: Other (specify) $ll, 674.00 $46.700.00 (B) TOTAL ESTIMATED INCOME (should equal A) : $ 58,374.00 YWCA West End 93 ^rC - December 3, 1993 600 N. Park Ave. Pomona, CA 91768 Kellee A Fritzal (909) 622-4432 City of Diamond Bar 216600 East Copley Drive, Suite 100 Diamond Bar, CA 91764 Dear Kellee: Please find enclosed an application for the 1994-1995 Community Development Block Grant program. The program description represents an expansion program for the Y -Teen program to include all adolescent girls attending the three middle schools in Diamond Bar. The current design of the Y -Teen program for the 1993-1994 program year targets only the school population of Lorbeer Middle School. The intention of this expansion is to be inclusive; however, the adherence to the Community Development Block Grant guidelines of servicing low -moderate income persons is of priority. Thank you in advance for giving this application your consideration. Sincerely, Kathy Rogers Executive Director Serving Uu Cities of: Pomona, Diamond Bar, La Verne, San Dimas, Chino, Claremont, Upland, Montclair, Rancho Cucamonga and Ontario CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING All requests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housinq and Community Development Act as amended. APPLICATION DEADLINE: DECEMBER 6. 1993 I. Application Summary Name of Organization YWCA OF THE WEST END Project Name Y -Teen Amount Requested:S 7,957 Location of Project community facility as Northminister Presbyterian Church Funds would be used to: Implement Project YWCA (Youth With Committed Action) through the Y -Teen program as an afterschool club activity involving low -moderate at -risk adolescent girls II. General Information Organization Address 600 North Park Telephone (909)622-4432 zip Code City Pomona 91768 Contact Person Katherine Rogers Title Executive Director Officials authorized to sign contract and expend funds for applicant: Name _Janet Wright Name Diane Sanders Title President Title Treasurer Federal I.D. Number/Social Security Number (non-profit corporation): Project Description (Check applicable category) Real Property Acquisition Capital Equipment Acquisition Planning/studies (Construction) Other: X Public Service Rehabilitation/ Preservation Other (if checked explain below) This request is for a new X existing program. (mac) Has program/project received past funding from the City of Diamond Bar? Ves If yes, please identify the source, year and amount: 1992-1993 Community Development Block Grant $3889 III. Goals and Objectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) see attachment Describe the specific purpose of the project, identifying the problems the project is intended to solve: see attachment Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). The City of Diamond Bar IV. Financial Information Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. (overall budget) Pomona c'DBC, Upland CDBG Claremont CDBG, City of Ontario. City of Montclair, San Bernardino Co. Job Training Partnership Ac,-, Chaffey Joint Union School District, San Bernardino Co. Superint—.i.n of Schools Comprehensive Alcohol Drug Prevention Program, League of Women Voters, United Way, GTE California, private contributio:-. YWCA membership fees III. GOALS AND OBJECTIVES Description of Proiect The design of Project YWCA (Youth with Committed Action) is to include all middle school girls in Diamond Bar attending Lorbeer Middle School of the Pomona Unified School District, South Point and Chaparral Middle Schools of Walnut Unified School District to participate in the Y -Teen Program with weekly and extracurricular afterschool activities and experiences in a nurturing environment to reduce involvement in socially stigmatized unhealthy and unsafe behaviors. The target population for the specifics of the Community Development Block Grant requirement is low -moderate income participants; however, the Y -Teen program will not exclude involvement on the basis of income. Purpose of Project The ultimate goal of Project YWCA (Youth with Committed Action) as administered through the Y -Teen program is the empowerment of young girl adolescents to become self-sufficient individuals and productive citizens. Personal development and societal betterment are inherent in the design of Project YWCA (Youth with Committed Action). The challenges that Project YWCA (Youth with Committed Action) of the Y -Teen Program confronts run the gamut of unsupervised afterschool care, loneliness and aloneness, risk-taking and health -threatening behaviors, low academic achievement, violence. Project YWCA (Youth with Committed Action) through the Y -Teen Program offers an alternative to damaging patterns by providing a holistic developmental program addressing the issues of the young adolescent girl. The following are objectives of Project YWCA (Youth With Committed Action) of the Y -Teen Program: 1. Providing weekly afterschool club sessions (Y -Teen Program) of structured activities, supervised opportunities, and meaningful relationships for at -risk girls between the ages of 11-14 attending the middle schools in Diamond Bar. 2. Presenting a curriculum of nonacademic and developmentally appropriate educational enrichment ("Preparation Through Education" covering topics of self-esteem enhancement, communication skills, conflict resolution, decision making skills, refusal skills, work and careers, health education; and "Prevention Through Education" including topics of sexual negligence, school drop-out, gang membership, suicide, mental and physical disorders, drug and substance abuse, sexual assaults, environmental destruction, and racism) to middle school girls for exploring interests and developing critical thinking skills for living, competence and mastery, independence and control over one's life. 3. Connecting with and contributing to the community and developing responsibility by participating in community service projects which may include graffiti clean-up, senior citizen outreach. V. Progr%uLClient Profile Y -TEEN PROGRAM Diamond Bar Total A. Clients served in previous year 17 5 B. Clients below low/moderate income _ 15 _244 c. Clients expected in new year D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. p;Co jGUt YWCA (Youth With Committed Action) as delivered through the Y -Teen program will a dregs health and safety issues of teenage pregnancy, substance abuse violence, sexually transmitted digeases to adolescent girls ages 11--4 representative of to -moderate income families -(verified by Public service Certi icationl Wathout suggesting syp�c generalizations in targeting at risk low- oderate income participants, a arge majority to be serviwill of African -American -and Hispaoia-Latina e�.� in C backgrounds I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. we understand that the formal agreement with the city will define other reporting provisions and federally required assurances. Names Katherine Querubi.n Rogers pate December 3, 1993 ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization YWCA OF THE WEST END ESTIMATED EXPENDITURES CATEGORIES FROM,CDBG OTHER SOURCES Salaries & Benefits $5,914 $1,044 Supplies 357 63 Rent 561 99 Communication 594 105 (wkpbow, pwjgc. ac) Travel Expenses 153 27 Insurance 122 Othercooier, dues 255 Tk-w V-4) SUBTOTALS $7,956 (A) TOTAL BUDGET 22 120 $1,480 TOTAL $6,958 420 660 699 180 144 $9,436 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar $7,956 Other Cities (specify) 0 County or State (specify) 0 Federal Programs Contributions Fund Raising Program/Participant Fees: Other (specify) (B) TOTAL ESTIMATED INCOME (should equal A): $9,436 n 1,405 n 75 0 (B) TOTAL ESTIMATED INCOME (should equal A): $9,436 YWCA West End YWCA OF THE WEST END 600 N. Park Ave. Pomona, CA 91768 (909)622-4432 Serving the Inland Valley Cities of Chino, Chino Hills, Claremont, Diamond Bar, LaVerne, Montclair, Ontario, Pomona, Rancho Cucamonga, San Dimas, Upland Y -TEEN CLUB The Y -Teen Club program of the YWCA of the West End is designed to service girls attending middle, intermediate, or junior high school who represent families from low to moderate income. Through participation, the targeted population will progress towards a development of a positive sense of self-identity and will be empowered through a combination of support systems and education. The girls involved in Y -Teens should be able to avoid involvement in socially stigmatized behaviors as gang affiliation, school truancy and/or drop-out, irresponsible and immature sexual activity, delinquency, suicide and substance abuse at a higher incidence than girls from similar, backgrounds who have not benefitted from Y -Teen experience. Y -Teen girls are directed and encouraged to become empowered towards responsibility and self-direction. Y -Teen Club programs were started by the YWCA of the West End in 1987; they have existed within the YWCA nationally since the 1930s. The Y Teen Club of the YWCA of the West End has been honored by the Juvenile Justice and Delinquency Prevention Commission of San Bernardino County for exemplary services to youth. INTRODUCTION TO THE YWCA OF THE WEST END The YWCA of the West End has evolved with a history that dates back to 1935 when it was a part of the YWCA -San Gabriel Valley. On April 29, 1959, a charter was established which eventually led to the present organizational structure of the YWCA of the West End. The beginnings of the current agency had as its intention leadership development among girls and women of the community; provision of educational and recreational programs for teenage girls; awareness of women in other countries. As an organization, the YWCA is characterzed as a movement, whereby programs are relevant to the reflecting conditions of society, while maintaining its integrity to the Mission statement and to the values of the Core Program Serving Ae Cities of: Pomaw, Diamond Bar, La Verne, San Dimas, Chino, Ctar—ou, Upland, Montclair, Rancho Cucamonga atd Ontario [Empowerment, Health Promotion, Family Life, Community and Leadership, Youth Development]. The specifics of today's relevant programs include Y -Teen Clubs at junior high schools targeting at -risk girls, Teen Pregnancy -Teen Parent programs at high schools assisting this population with career and personal life skills, interracial conferences promoting dialogue and conflict resolution among diverse groups, employment programs providing training and work for economically disadvantaged youth. Integrated in the design of each program is the Imperative of the YWCA: To eliminate racism wherever it exists and by any means necessary. ASSESMENT OF NEED The scope of the problem that the Y -Teen Club addresses encompasses a community's public service issues related to ethnicity, race, socioeconomic status, geographical locality within the community, age and gender. The target population of young adolescent girls, ages 11-14, who have been identified as "at -risk" because of one of the "cultural" designations is the concern of the project's design. In addition, the adolescent's transitional phase may be handicapped by environmental conditions that may not be productive to the development of positive choices for living. According to the Children's Defense Fund, there are increasing evidences that youth -at - risk are creating a society -at -risk, a society unable to produce youth capable of meeting our future needs. Many youth are high-risk because of multiple unmet needs. A disproportionate number of poor and minority youth comprise this high-risk group of youth with complicated and complex conditions. Despite this enlightened age regarding gender equity and rights, girls are still the disadvantaged gender as documented by a study conducted by the Wellesley College Center for Research on Women and issued by the American Association of Univesity Women. Young girls could be at -risk in a number of other ways: • Trends reveal that girls might not complete high school, that 25 percent of students entering schools will drop-out. Pregnancy is the number one reason why girls drop-out of school, and fifty percent of welfare expenditures are for families started by teens. • The young girl adolescent could be from one of 25 percent of girls coming from families in this country living in poverty. • Twenty-five to thirty-five percent of children go home after school to an empty house and lack of supervision. According to the Carnegie Council on Adolescent Development, community environments and institutions profoundly influence the development of young adolescents particularly during the nonschool hours, reinforcing the need for youth -oriented programs. • There is a likelihood that the young girls lives in a single -parent home. • Youth today face health risks in numbers and kinds far greater than their counterparts of two - to -three decades ago. Teenagers are the only age group in the general population that have not experienced any improvement in health status for a period of time. • Increasing numbers of teenagers endanger their health through risky, reckless behavior such as sexual activity, drugs, alcohol, and cigarette smoking. • Suicide is the third most common cause of death for adolescents and young adults. • American girls 15 years and young are five times more likely to give birth than all their peers in other countries. One-fifth of the births in this country are born to teenagers, accounting for 14 percent of mothers who are teen parents. San Bernardino County ranks 37 out of 44 counties in California with births to teens. In 1991, the statistics showed that in San Bernardino County, births to teens was rated at 87.1 percent (69.1 percent is the California rate; 57.3 percent is the 1989 US rate). Girls, therefore, are a powerful factor in the poverty rate of society. • Girls find their bodies and overall appearance less satisfactory than do boys. Research conducted by Ms. Foundation concluded that girls have a lower self-image than boys. Girls also feel less competent, less popular, and more afraid of success than boys. • Girls are increasingly becoming involved in gang -related activities. The perils of being female, young adolescent, minority, poor, and "at -risk" can be diminished by providing alternatives and diversions toward constructive use and by building a solid foundation to empower them with life affirming skills in order to become productive and self -actualized women --despite the risks. The Carnegie Council on Adolescent Development published its findings on young adolescents in nonschool hours. According to their research, community environments and institutions profoundly influence the development of young adolescents particularly during the nonschool hours. "Lacking a vision of productive adulthood and constructive activities to engage themselves during their nonschool hours, they veer in another course of development. Some injure their health by using tobacco, alcohol, and other drugs. Some engage in premature, unprotected sexual activity, which the presence of AIDS now renders deadly. Some commit acts of crime in neighborhoods where fear of violence pervades their daily lives. Although all adolescents face at least some of these hazards, those who live in urban and rural poverty areas face a higher level of risk." SCOPE OF PROGRAM Y -Teen Club is an afterschool activity for middle, intermediate, or junior high school girls, ages eleven through fourteen. Boys may participate if additional funding permits. A male role model for the boys is required to conduct separate group discussions on issues of sensitivity and importance to the teens. The primary purpose of the Y -Teen program is youth and leadership development through a curriculum emphasizing positive self-esteem and self-determination. A secondary purpose of the Y -Teen Club program is to provide alternatives to high risk activities in order to reduce the incidence of gang involvement, teen pregnancy, school drop-out, substance abuse, child abuse and other high-risk factors. The Y -Teen program addresses and augments those needs that research indicates must be met for youth to successfully complete the transition to adulthood. Those needs as delineated by the Children's Defense Fund are as follows: Academic Education Youth need to develop solid academic skills, sound decision making and problem -solving skills, and a good knowledge base. Health Care. Youth need assistance in getting healthy, staying healthy, and avoiding prevalanet health-related risks in adolescence such as pregnancy, substance abuse, depression, and stress. Work ExpQsure and Experiences Youth need to identify and build work-related skills and get exposure to a wide range of work experiences, both on the job and through contact with adults. Qpnorttmjties for Personal Growth and Social Development. Youth need experiences that will help them strengthen their self-esteem and life skils; they need productive recreation, and structured activities designed to foster the development of leadership skills. Community Inolvement and Contact with Adults, Youth need to develop a sense of connection with the community, and to understand how it functions and how it can be changed; they need to interact with those beyond their peer group, including adults and older youth. Family sport Services. Youth need to live in families with adequate supports, ranging from services for faily well-functioning families to keep them functioning well, to the provision of criss services for families in need. GOALS AND OBJECTIVES The Y -Teen program is proactive, reaching out to vulnerable intermediate, middle, junior high school girls "at -risk" hoping to work with them through these turbulent years, diverting their energies toward constructive use, building a solid foundation to empower them with skills to protect themselves and their choices in order to become self -actualized individuals and productive citizens. The emphasis of the Y -Teen Club program is not only to reduce youth problems, but to promote youth development. The objectives are as follows: *To learn and explore life values *To promote positive development *To practice leadership skills *To provide service to the community *To develop communication and relational skills DELIVERY OF SERVICE Each Y -Teen Club will meet afterschool on a weekly basis. Enrollment for each club is between 15-20 girls. However, it is expected that a roster of 25 girls for each club will be recruited. The group meets weekly at each individual school and is led by a teen group leader who is provided by the YWCA. There is a school staff person who serves as a liaison/sponsor for each club. The group meeting consists of officers' reports (with each girl having an officer role), educational component and weekly discussion. In addition to the club meetings, the girls participate in community service projects allowing the girls learn to give back to their local community and developing a sense of connection to their community, funding raising and social events. The Y -Teen program utilizes a variety of resources to support these objectives. Some of these include the utilization of educational video tapes, professional speakers, field trips, community service projects, workshops, and "rap" sessions. Depending on funding revenues, Y -Teen Clubs will be active in the summer. The summer component will offer the girls a chance to take various classes such as babysitting and employment skills. It will also allow the girls to increase their community service activities, while experiencing the world of work. Y -TEEN CURRICULUM: PREPARATION AND PREVENTION THROUGH EDUCATION Since each school community is distinct and unique, the Y -Teen Club will be relevant and flexible to its constituents. The following topics address the critical competencies for the developing adolescence and will be supported by the implementation of the Y -Teen curriculum. The youth development component focuses on "Preparation through Education" and topics of study include: Responsible Adulthood Higher Education Success Work and Careers Relationships Self -Esteem Leadership Coping Skills Community Connections The component of reduction of youth problems is presented through "Prevention through Education" and topics of study include: Sexual Negligence (Pregnancy, Sexually Transmitted Diseases, AIDS) School Drop -Out and Truancy Gang Membership Suicide Mental and Physical Disorders (Unresolved Depression, Eating Disorders) Substance Abuse (Drug and Alcohol) Racism Sexual Assaults (Rape, Incest, Date Rape) Environmental Destruction (Graffiti) ACTIVITIES AND CURRICULUM OBJECTIVES The following activities during the nonschool hours as suggested by the Carnegie Council on Adolescent Development: Leisure Time Activities. Structured activities and supervised opportunities for interaction with peers and adults during the afterschool hours in an atmosphere and environment of acceptance and nurturing, safety and structure, so that each participant may communicate and interact freely. Nonacademic Education, Opportunities for exploring nonacademic interests and developing skills for living, competence and mastery, independence and control over one's life Community Involvement, Ways for youth to explore, participate in, and contribute to the world around them, starting with their neighborhoods and expanding to a larger community. Qpnortunities for Applying Knowledge and DevelopingLeadership Abilities. Involvement in all stages of diverse projects and activities. Central Places and Central Peopl. Relationships with key adults within as well as outside the family who provide youths with a feeling of generational continuity and a sense of social structure, and an opportunity for closeness and positive relationships The activites will be structured within the following parameters and will provide opportunities to socialize with peers, to develop skills that are relevant now and in the future, to contribute to the community, to belong to a valued group, and to feel confident: *Facilitate the learning process of taking appropriate responsibility for actions/behaviors *Develop skills of planning, problem -solving, decision-making, and time management *Enhance self-esteem and confidence *Develop leadership skills *Expand social support systems through peer bonding and friendship *Enhance self-esteem, confidence, ability to cope with stress, stressful situations and with peer pressure *Develop values and utilize them to make successful life plans for themselves, including school completion *Develop health and avoid health deterrents such as pregnancy, substance abuse, depression, and unresolved stress *Promote self-reliance, empowerment of self and leadership by Y -Teen Club facilitators serving as role models *Gain knowledge and understanding in the areas of teen pregnancy, gang involvement, substance abuse, rape, self-defense, etc. *Develop health and avoid health deterrents *Expose through vicarious situations/experiences which might not otherwise have an opportunity for participation *Broaden the youth's base of knowledge and experience through exposure as afforded by field trips such as to art museums Activi #3 Community ervi e *Plan and participate in service projects to the community as a club *Develop planning, problem solving and decision making skills *Instill compassion, generosity, ability to make a difference, and a sense of responsibility to contribute to society *Develop a sense of connection and commitment to the community r[-J7i • 41 *Develop steps toward becoming a functional family by encouraging families to support club activities *Enhance sense of support of youth by parent(s) through volunteer participation (i.e. Mother - Daughter Choices Class) CITY OF DIAMOND BAR G COMMUNITY DEVELOPMENT BLOCK GICRI�)o:32 APPLICATION FOR FUND All requests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Community Development Act as amended. APPLICATION DEADLINE: DECEMBER 6 1993 I. Application Summary Name of Organization Project Name Amount Requested: $ Location of Project,�- Funds would be used to: _��a / ._ t II. General Information organization Address - City Telephone 'IC7 Zip Code Contact Person �' !` ` �'Exi , \.� ,�� r Title Officials authorized to sign contract and expend funds for applicant: Name Title Name �' '►1,� C��,,;Zi2 �i Title 3 12 = TkPI}5:-:,�� Federal I.D. Number/Social Security Number (non-profit corporation): , -3 3 3 c u-7 Project Description (Check applicable category) Real Property Acquisition ✓ Public Service Capital Equipment Acquisition Rehabilitation/ Planning/Studies Preservation Other (if checked Other(Construction) explain below) This request is for a new W existing program. (disdc) Has program/projeFt received past funding from the City of Diamond Bar? t' If yes, please identify the source, year and amount:c I i, t -t r- 1L I 1 _ _ III. Goals and Obiectiv6a Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) Describe the specific purpose of the project, identifying the problems the project is intended to solve: Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). Ar1 r / Fi IV. Financial Ingormation Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. V. PrOQram Client Profile A. Clients served in previous year Diamond Bar notal B. Clients below low/moderate income C. Clients expected in new year — D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. I nearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. signature Title �1 Name Date ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization CATEGORIES Salaries & Benefits Supplies Rent Communication (telephone, pwtate, etc) Travel Expenses Insurance Other _ t �- .bh.�.-r....' Please �pewfy) 1-'. G 7 r SUBTOTALS (A) TOTAL BUDGET ESTIMATED EXPENDITURES FROM.CDBG OTHER SOURCES 3� TOTAL ,y ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (;specify) Federal Programs Contributions 5 66-Z� Fund Raising Program/Participant Fees: Other (specify) Y' (B) TOTAL ESTIMATED INCOME ( should equal A) : J CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING A11 rec_ests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Community Development Act as amended. APPLICATION DEADLINE: DECEMBER 6, 1993 I. Application Summary Name of Organization CITY OF DIAMOND BAR Project Name SENIOR PROGRAMMING Am t R 30,000 Location of Project oun equested:$ 2900 BREA CANYON ROAD (HERITAGE PARKpl Funds would be used to: CONDUCT SENIOR PROGRAMMING THAT WILL ENRICH THE LIVES OF LOCAL SENIORS. ACTIVITIES WOULD INCLUDE INFORMATION REFERRALS, MEALS, DANCES AND CLASSES. II. General Information Organization Address 21660 E. COPLEY DR.,#100CityDIAMOND BAR Telephone (909) 396-5694 Zip Code 91765 Contact Person BOB ROSE Title COMMUNITY SERVICES DIRECTC Officials authorized to sign contract and expend funds for applicant: Name Title MAYOR Name TERRENCE L. BELANGER Title CITY MANAGER Federal I.D. Number/Social Security Number (non-profit corporation): N/A rro3ect Description (Check applicable category) Real Property Acquisition XX Public Service Capital Equipment Acquisition Rehabilitation/ Preservation Planning/Studies Other (if checked Other (Construction : ) explain below) This request is for a new xx existing Program. Has program/project received past funding from Diamond Bar? YES the City of If yes, please identify the source, year and amount: N/A C.D.B.G. - 1993/94 - $11,600 III. Goals and Obiective Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) PROVIDE DAILY SENIOR DROP-IN PROGRAM FOR UP TO 160 SENIORS PER DAY. DEVELOP AND CONDUCT NUTRITIONAL PAY -FOR -SERVICE LUNCH PROGRAM. DEVELOP AND CONDUCT A VARIETY OF RECREATION CLASSES AND PROGRAMS FOR SENIORS ON A PAY -FOR -SERVICE BASIS, WHICH MEETS THE DIVERSE NETHE 5 DUCT REFERRAL SERVICE BASED ON REQUESTS OF SENIORS IN DIAMOND BAR_ Describe the specific purpose of the project, identifying the problems the project is intended to solve: MEET THE SPECIAL RECREATIONAL AND HUMAN SERVICE NEEDS OF A DIVERSE GROUP OF SENIORS WITH A VARIETY NEEDS AND DIVERSE CULTURAL BACKGROUNDS. BEING A NEW PROGRAM, THE MARKETING AND DEVELOPMENT OJ A CONSISTS Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). THE PRIMARY AREA OF SERVICE WILL BE THE CITY OF DIAMOND BAR. HOW- EVER, THE MAKE-UP OF CURRENT SENIOR PROGRAMS IN THE CITY INDICATE THERE WILL BE SOME SRRVTrr nDAv7T ..._ --- IV. Financial Info ation COMMUNITIES. Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. ONLY C.D.B.G. - 1993/94 - #11,600 V. Program Client Profile A. Clients served in previous year Diamond BarDAY .ota1 B. Clients below low/moderate income C. Clients expected in new year 1!6 IyEir-Dfty D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. SENIORS 55 AND OVER, VARIETY OF ETHNIC BACKGROUNDS (I.E. 20%ASIAN AMERICAN 60% CAUCASIAN, 20% OTHER; PERCENTAGE OF FEMALES SERVED SHOULD BE A LITTLE HIGHER THAN MALES. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. 1 ,,,;' COMMUNITY SERVICES Signature �1: --- Title DIRECTOR BOB ROSE Name Date 12-06-93 ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization CITY OF DIAMOND BAR — SENIOR PROGRAMMING ESTIMATED EXPENDITURES CATEGORIES FROM CDBG OTHER—SO—URC S TOTAL Salaries & Benefits 124,000 $24,000 Supplies $ 6,000 $ 6,000 Rent Communication (ceiepeo", tee, eft) -- Travel Expenses Insurance Other (Pl-u V=ify) --- SUBTOTAL8 $30,000 (A) TOTAL BUDGET $30,000 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (specify) Federal Programs Contributions Fund Raising Program/Participant Fees: Other (specify) $30 #000 (B) TOTAL ESTIMATED INCOME (should equal A): $30.000 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING ?li requests For Funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Com,7unity Development Act as amended. APPLICATION DEADLINE I. Application Summary Name of Organization DECEMBER 6 1993 Diamond Bar Mediation Center Project Name _Dispute Resolution Location of Project Diamond Bar Amount Requested:$5,620.00 Funds would be used to: Administer a program of Dispute Resolution for Diamond Bar citizens. II. General Information Organization Address21660 E. Copley Dr., #100City Diamond Bar Telephone (909) 396-5666 Zip Code 91675-4177 Contact Person Joseph T. Ruzicka Title Executive Director Officials authorized to sign contract and expend funds for applicant: Name Title Nam gO_aaPh T Ruzicka Title Executive Director Federal I.D. Number/Social Security Number (non-profit corporation): Project Description (Check applicable category) Real Property Acquisition capital Equipment Acquisition Planning/Studies (Construction) Other: X Public Service Rehabilitation/ Preservation Other (if checked explain below) This request is for a x new existing program. Has progra'/project received past funding from the cit--/ Diamond Bar. No -, If res, please identify the source, year and amount: III. Goals and Object1vSs Provide a detailed description of the proposed program/project by describing precisely what is to be accomplishedwith the requested funds. (Attach additional sheets, if necessary) SEE ATTACHED Describe the specific purpose of the project, identifying the problems the project is intended to solve: Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). IV. Financial information Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. V. Program Client Profile A. Clients served inDiamond Bar *a_ previous year 220 22G B. Clients below low/moderate incomeC. 150- Clients expected in new year 150 l= D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how e meet the f deral requirement of benefitting lowerrincomeje r will persons. All age groups, including seniors, majority of clientele is low and moderate income level, all ethnic backgrounds. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature Title Executive Director Name Joseph T. Ruzicka Date ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET -r-zar.izaticn City of Diamond Bar ESTIMATED EXPENDITURES CATEGORIES _ OM CDBG OTHER SOURCES TOTAL Salaries & Benefits Supplies _ Rent Communication tcfepbme. pmuse. M) Travel Expenses Insurance Other Muse specdy) SUBTOTALS (A) TOTAL BUDGET SEE ATTACHED $5,620.00 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (specify) Federal Programs Contributions Fund Raising Program/Participant Fees: Other (specify) (B) TOTAL ESTIMATED INCOME (should equal A): December 8, 1993 Mr. Terrence L. Belanger, City of Diamond Par City Manap-er 21660 E. Conley Drive, 31uite 100 Diamond Par., Ca. 91765 RE: Community Block Development Grant finding Request Diamond Bar Mediation Center Dear rs% Delan!: er : 22311 E. _`irdo Lye Drive Diamcnd a_-, Ca. 91765 The not-for-Drofit Diamond Bar iMediation Center has offered communityTaide Alternate Dispute Resolution (ADR) services since its inception early in 1990, with the encouragement of the City, community groups and the Claremont Dispute Resolution Center. Volunteers (10) have made the entire program possible; approximately 220 cases hate been mediated, principally involving persons of low to moderate incomes, including senior citizens. Because the program... offered under the auspices of the City of Diamond Bar ...is one of the first of its kind in California (few cities in the state are directly involved in ADR as a public service), it has generated consider- able attention in this state and in Arizona, Florida, Michigan, Minnesota, South Dakota, Texas and Virginia... Our program needs financial assistance in the amount of $5620.00. Specifics of the need are shown on the attached statement. It is my hope that this request will be included in the City's deliberations, and that the Diamond Bar Mediation Center will be granted the sum of $5620.00 in order to fulfill our service needs. Sincerely, J. T. Ruzicka. ADMINIST".'9TOR Diamond Bar Meidation Center M��":UN_TY 7 CCK, ...C" JT 7 :T Funding ae-quest Diamond Bar ''`edi.at` on Center 3PECIFICS 3TA:y-7.,r Needs Costs Analysis: S TAA TI ON✓°RY Letterhead; Envelopes $500.00 Business Cards 100.00 Name Stamps 80.00 File Folders 20.00 ilriti.nn- Pads 20.00 $720.00 $720.00 PUBLIC NOTICES The Windmill Nerspapers $1000.00 •'1000.00 POSTAGE Stamps, etc. $100.00 $100.00 ?`JBLIC S3R"TICS BROCHURE 8i�-2 X 11; 2 Fold $800.00 $800.00 TRAINING Certification of new 14ediators .$500000 $500.00 .kMTTNIS T-4TICN SAI.AR.IS & 37—RVICE'S $2500.00 $2500.00 TOTAL $5620.00 i SPIDR SOCIETY OF PROFESSIONALS I N DISPUTE RESOLUTION Beyond Borders 1991 Proceedings 19th Annual Conference October 17 -?0,1991 VOLUNTEERISM, MEDIATION, CITY GOVERNMENT`. AN EXTRAORDINARY MIX th DEXTER D. MacBRIDE " Administrator Diamond Bar California Mediation Center Diamond Bar, CA P, VOLUNTEERISM The power of volunteerism is well known as a key element in America's organizational dynamics. In hospitals and churches throughout the country; the spirit and ac- complishments of volunteer workers are appreciately acknowledged. Health, safety and welfare crises bring forth donations of time, effort, and money generously extended by those who wish to serve, to assist, to share. Emergencies created by earthquakes, fires, floods, and storms bring our communities together; volunteers shoulder a myriad of tasks and challenges. Less well perceived is the part volunteerism plays in the governance of our communities. My own City of Diamond Bar, incorporated in 1989 and containing some 57,000 residents, offers an excellent "window" into the usefulness and pervasiveness of the spirit of volunteerism. Some citizens give many hours to the interpretation, application, and enforcement of Tract Covenants, Conditions and Restrictions; some work in Improvement As- sociations; many cooperate in Neighborhood Watch Programs and public thoroughfare Landscaping Projects; the provision of many athletic, recrea- tional and education activities becomes a reality with volunteer assistance; the lives of the very young, and the elderly, are enriched because of the freely given, thoughtfull shared work of volunteers. The power of volunteerism, in the perspective of citizens' participation in both public and private sectors, was evident to philosopher Alexis de Tocqueville who visited America in the early 1800s and voiced his amaze- ment at the phenomenon. He concluded, "The health of a democratic society may be measured by the quality of functions performed by private citizens." I am convinced that volunteerism is the "glue" that keeps our City W VERNMENT together. Even if it were argued that the dominant factor is one of budget constraints ("We would pay to have all of these tasks performed if we had the money."), it is undeniable: citizens will, and do, serve without pay; citizens will, and do, volunteer when they perceive real needs must be met. MEDIATION While working in the field of mediation at the Claremont Dispute Resolution Center (CDRC), the question was asked, Why have so few cities in California created a city-sponsored/operated mediation in America's center? Some 450 cities and towns, and we were not aware of a single city- based/operated mediation center! ,:ment Additional questions followed, e.g.: 1. Was there no perceived need? No serious neighbor/neighbor dis- the spirit and ac- putes; no landlord/tenant conflicts; no employer/employee :Iv acknowledged. confrontations; no unresolved domestic relationships? 4 time, effort, and 2. Was there no government understanding of the potential of to assist, to share. mediation? No awareness of the advantages; swifness, high d storms bring our rate of successful settlements; relative inexpensiveness; con- ,sks and challenges. fidentiality? i the governance of 3. Was mediation center perceived by city staff to be too "ated in 1989 and expensive, too liable to have an adverse impact on the city budget? ndow" into the )me citizens give 4. Is it assumed and agreed the citizenry is committed to a single hyponotic concept: Hand your problems to :ement of Tract attomeys and the courts; there's no other way to settle disputes? Do no altema- iprovement As- ams and public fives exist? As the world's most litigious nation, have we be- ;athletic, recrea- come permanently addicted to the exclusive use of a national network of some 800,000 attorneys :unteer assistance; processing some 15 million lawsuits annually? Processed in some 17,000 courthouses, .:cause of the freely crammed with overloaded dockets? icnsparticipation 5. Is there consensus among city officials that mediation is a county responsibility because of the 1989 legislation, "California osopher Alexis de voiced his Community Disputes Resolution Law," which looks to the amaze- of a democratic counties for implementation of state-wide mediation -formed by private programs? This, despite the fact that the majority of counties does not presently offer the planned network mediation ser- vices? Lit keeps our City 6. Has the early American concept of grassroots interaction (e.g., 89 Town Hall meetings) disappeared in our complex, multi- faceted society? Why not encourage the application of our successful experience B,ir in alternative dispute resolution to grassroots government, to California's cities and towns? CITY GOVERNMENT In the preceding section on volunteerism, specific attention was directed to the contributions of time, work, and leadership made by citizens on behalf of neighborhood/community projects. These contributions ex- tend, it is important to note, beyond private sector concerns. City governance has formally embraced the concept of volunteerism; consider the committees and commissions that are integral, working parts of the machinery of city/town governments. I am constantly impressed by the diligence and devotion exhibited by my fellow members who have been selected to serve on the City Planning Commission, a non-paying job. We are, essentially, volunteers: as are equally skilled, equally diligent members of the Parks and Recreation Commission, the Traffic and Safety Commis- sion, the General Plan Advisory Committee, the Source Reduction/Recy- cling Committee. So, too, the members of City Council (each paid $500 monthly). are volunteers; they serve for indirect rewards which may include Personal satisfaction, civic duty fulfillment, public recognition. The reservoir of mature, experienced volunteers has been a "constant" in our society. The needs and aspirations of those who comprise this reservoir can be most easily recognized and fulfilled at the to grassroots City government is the primary,logical structure for the and use of talents of this volunteer, service-oriented group. City government, with so productive a volunteer environment and time -tested working based, should take advantage of the public service potential of grassroots mediation. Encouragement to do so comes from many sources. Consider the current position of the American Bar Associa- tion, expressed in a June 1989 "President's Message" to the membership: The justice system in most of our major cities is in crisis. A complex web of factors has made civil litigation far too costly, time-consum- ing, and uncertain ... ln this environment, access to justice often is not a reality for anyone — the poor, middle class, wealthy, and businesses alike...Alternative dispute resolution, or ADR, offers E�1 — -1 City + Citizens' Groups and -vice from socia- -Ship: Initiator .L�K rn - is Volunteers r �d T Regional Network rs 91 great promise for improving access to civil justice. rience Equally direct is the warning from the President of the California State CO Bar .-association. In a September 1991 address, President Seitman stated, 'As lawyers, we must take the lead in spurring this nation to drop its fixation with litigation and focus on other less costly, less time-consuming remedies." In view of our collective experience and success with alternative dispute resolution practice, procedure, and within the context of the hereinbefore ion was factors, representatives of the Claremont Dispute Resolution Center citizens decided to conduct an ADR experiment with the following goals: ,)ns ex- 1. Encourage the establishment of a city -sponsored mediation cen- ter; teerism; '. Organize community elements interested in ADR; ag parts ssed by 3. Create a volunteer;' community organizabons'ci ty govern- been ment,'regional network organization to serve as a base for a .ob. We jo city mediation center. tembers These goals were reflected in the following plan: omnis- City Government to incorporate provisions for mediation in city rt'Recy- contracts, and provide mediation working space; td $500 include h. Citizen's organizations to support cooperatively, and interact with the program for not-for-profit mediation; tart c. Regional network (ADR) to assure possible Financing needs; this d. Volunteer participation to provide mediators. oots Our ideational structure was visualized as follows: nent City + Citizens' Groups and -vice from socia- -Ship: Initiator .L�K rn - is Volunteers r �d T Regional Network rs 91 We had started byvisualizing a four -cornered" structure." However, the minimum. -1, need for an "Initiator" became quickly apparent. Our paradigm, with the Client IntAL: addition of a central figure, had become that Tara avis, a "quincunx!" Procedural Int What was the statistical environment we might expect? We relied upon the experience of the CDRC. Assessment reports for an eight-month period, DIAp q: from the headquarters office contained these data: Cin GU rnv,:, L,'_ 1.'� June 1989 — January 1990 200 cases (conflicts, assistance requests) 110 cases to mediation 2,'6, 'A) 88 cases settled Case Types 2;12, Landlord/tenant 6% Communir. Ju Consumer/merchant 8% 1L2L89 Neighbor 2% Business 6% Domestic 15% L'15;90 Auto accident 2% Employer/employee 18% Regional Supp Credit 2% October 19S9 Payment defaults 8% Insurance claims 6% Contract disputes 6% March 191A) Interpersonal 4% Other 17% L"olunr en Ethnic Data The prop White 82% (Diamklnd Ba Latino 12% American Bar trained in Nasi Black 4% DIS In the accommodation of the anticipated caseload, we planned to follow the CDRC recordkeeping practice, i.e., to attempt to hold paperwork to a ti„thing c VLj :ever, the minimum. Major documents required for measurement purposes include: with the Client Intake Summary Sheet; Agreement to Maintain Confidentiality form; X!" Procedural Information Sheet; and Volunteer Time Sheet. ied upon hperiod, DIAMOND BAR MEDIATION CENTER: CHRONOLOGY City Government 12/21/89 City Mayor, City Manager approve use of city offices for public, not-for-profit mediation services; evenings, 5:00 — 9:00 P.M. 2,16/90 City Council approves mediation clause to be employed in City Contracts with exception of specified public works agreements. 2/12/90 Diamond Bar Mediation Center opened. Community Support 11/21/89 The Diamond Bar Improvement Association (the community's oldest resident/business association) sup- ports the Mediation Center by formal resolution. 1/15/90 The tindmilty Diamond Bar's community new medium (17,000 mail distribution) announces opening of Media- tion Center in City's offices. Regional Support October 1989 Claremont Dispute Resolution Center clears plans for Diamond Bar Center, supported financially if needed by CDRC/L.A County funding. March 1990 A City Manager's newsletter, The Harmony Report; (Western States Edition) issues award to City of Diamond Bar for its Mediation Program activities. Volunteers The program is currently administered by a CDRC Certified Mediator (Diamond Bar resident); an attorney, retired, member of Virginia and American Bar Associations. Four Diamond Bar residents, also volunteers, trained in basic mediation techniques, assist the administrator. LO Follow DIAMOND BAR MEDIATION CENTER: FINANCES ,ork to a Nothingcould be more important portant to city government in terms of prag- "all uratic support mechanisms, than the issue of finances. Our young City has a cmpLw, strong and vocal group of citizens who fear the possibility of increased taxes and rising costs of municipal services. To any new endeavor, there is the Pot, quick objection, n, '`lt will probably cost the taxpayer " gra�;ru� more., The Mediation Center Program — visible, public service oriented, uriginall no chin__ not-for-profit — costs the City nothing in budgeted dollars. use of office space (after regular City working hours), local telephone calls and forms; records copying are the City's support involvement. The program administrator and staff of on-call mediators are volunteers. Publication releases (newspapers, magazines, etc.) are prepared and monitored by the Administrator, who also maintains community contacts with social clubs and business and professional groups. DIAMOND BAR MEDIATION CENTER: PUBLIC ACCEPTANCE The most significant assessment of program effectiveness must be that of public acceptance. Throughout the public discussions on the merits of establishing a Mediation Program, there has been virtual unanimity of approval from community improvement associations, Chamber of Com- merce representatives, Senior Citizens sector, social and educational groups. Public press coverage has been most favorable. Admittedly, this summary of acceptance/effectiveness factors is stochastic in nature; but there can be no denying the community acceptance patterns which have contributed to the success of the program. PROBLEM -SOLVING CASELOAD The Diamond Bar Mediation Center has been in operation some 18 months; two evenings per week; generally 5:00 — 7:30 p.m. Approximately 200 requests for assistance have been received. Of this number, ap- proximately 100 requests have been directed, with instruction for problem- t solving perspectives, to appropriae sources responsible for the specific issues involved. Approximately 80 cases have required full Center involve - went. 'I}pes of cases settled by the Center include: Superior Court referrals (child support/custody; property distribution); Humane Society referrals; , house salt; disputes; covenants, conditions, and restrictions problems; view � obstruction (adjacent residences); property maintenance (unsafe yard areas); debt repayment (bankruptcy proceedings); patio/pool damages; s heavy construction trucks (parking, residential areas); and F 94 _ - I y has a employer/employee (contract disputes). d taxes Potential lawsuits are being obviated; disputants have a close -at -hand, is the grassroots mechanism to express, resolve controversies of all types. The originally established Mediation Center fee of $10.00 (total, complainant; Tented, no charge to indigent parties) is under evaluation. office Is and MAJOR LESSONS LEARNED FROM THE DIAMOND BAR MEDIATION ogram PROGRAM !cation by the 1. New programs, of substantive and practical nature, need not al- bs and ways rely upon a dollar pipeline from city funds. 2. Volunteerism is a major force in this country, in both private and public sectors. If the need exists for a public service, and city ,E leadership is perceptive and supportive, skilled volunteers will contribute in a major way to the provision of those services. he that .tits of 3. No matter how entrenched behavioral patterns may be, citizens nity of will respond to new methods, new ideas. City government Com sponsorship of mediation is new in California. Timing away )nal from the "I'll see you in court" syndrome is a new idea. Our society has assumed that recourse to lawsuit is always neces- sary; that there is no effective alternative. Today in response to ' " the need for dispute resolution alternatives, some 225 public nce mediation centers, located in 40 states, offer swift, equitable, inexpensive, confidential alternatives to adversarial litigation. These centers handle some half -million cases annually. 4. A key ingredient in any mediation program is provision of me 1'S trained mediation specialists. Representatives of the legal, mately academic, and mediation(conciliabonarbitration professions _-r, ap_ will assist in such training, e.g., the Claremont Dispute Resolu- )hlem- tion Center. Pccif-ic 5. Absence of a public relations/press staff will not prove fatal in es - n% ulve tablishing a city mediation center (Diamond Bar has two PR fcrrals staff). The volunteers who assist in the work of the center have fcrrals, access to networks which will provide public information; the is; view press is most receptive; community associations, clubs are to yard equally interested and cooperative; notices' 'announcements ,mages; are generously provided in the city's community publications. ); and 6. Preparation of a mediation clause, suitable for consideration and 95 possible inclusion in city contracts, requires thoughtful legal research. Acceptance of such a clause, and the philosophy which prompts its inclusion in city contracts, necessitates patient discussion and considerable social perspective on the part of the City Council members. 7. Program initiation demands understanding and support from the City Manager and administrative staff members. 8. The success of the Diamond Bar "pilot mediation program" is at- tributable, in great measure, to the interaction of the five par- ticipating parties indicated in the original ideational structure. The interrelationship, of city, citizens' groups, volunteers, regional network and initiator has achieved a synergistic product that would have been virtually impossible for any of the participants to accomplish alone. CITY LEADERSHIP: RECOMMENDED STEPS IN CREATING MEDIATION CENTER I. Recognize local, grassroots needs for practical alternatives to ad- versarial litigation. 2. Rely upon your city's experience with the power and accomplish- ments of volanteerism. The skills, maturity, expertise ex- hibited by volunteer presently serving your community (Planning, traffic and safety, recreation and related commis- sions/committees) can be similarly employed in a city media- tion center. 3. Agree to the use of city offices space (after regular working hours) for mediation case settlements. 4. Consider the adoption, by the city, of a mediation clause to be in- corporated in. city contracts. 5. Select a volunteer intitiator/administrator who wil spearhead your mediation program. 6. Support the mediation program with appropriate an- nouncements/notices in you city newsletter and other pubiica- tions. The City of Diamond Bar has benefitted, in great measure, from the advice, encouragement, and support extended by a variety of public service oriented or¢anir,tion skilled, knowlcdgc:,hlc; Should oche; Citic, of Diamond Bar u111 ,h who wish to C,11Uaie th ughtfullegal oriented organizations, and from the generous assistance extended by >hilosophy skilled, knowledgeable volunteers. :essitates Should other cities wish to replicate our experience, be assured the City ective on the of Diamond Bar will share its information and extend cooperation to those iupport from the who wish to evaluate the potential of a city mediation program. -- ❑ program" is at- #A C the five par - mal structure. )lunteers, tergistic e for any of CREATING !ternatives to ad - t accomplish- : ex- ity commis - y media- it working i clause to be in - [spearhead an- ther publica- -asure, from the of public service 9'1 CITY OF DI .MOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING All requests for Funding are subject to City Council approval. F.Inding is contingent upon the projects eligibility under the 19;4 Housina and Community Development Act as amended. APPLICATION DEADLINE: DECEMBER 6 1993 I. Application Summary Name of Organization City of Diamond Bar Neighborhood Emergency Action Team Project Name Seninrs Program Amount Requested: $ 7,500.00 Location of Project 21660 E. Copley #100, Diamond Bar Funds would be used to: Educate and encoura e senior citizens to be prepared,in event of a disaster, by identification of hazards, elimination of such hazards and to help each other. II. General Information Organization Address21660 E. Copley, #100 City Diamond Bar Telephone (909) 396-5666 Zip Code 91765-41.77 Contact Person Phil Armentrout Title Emergency Services Coordi- nator Officials authorized to sign contract and expend funds for applicant: Name Gare Werner Title Mayor Name Terrence L. Belanger Title City Manager Federal I.D. Number/Social Security Number (non-profit corporation): Project Description (Check applicable category) Real Property Acquisition X Public Service Capital Equipment Acquisition Rehabilitation/ Planning/Studies X Preservation Other (if checked (Construction) explain below) Other: Safety of senior citizens This request is for a new x existing progra.^I. Has progran/project received past funding from the Cit; Diamond Bar? Yes If ,es, please identify the source, year and amount: CDBG $8,000 - 1993-94 III. Goals and obiectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) The Neighborhood Pm--qencv Action Team (NEAT) Program is a self help program designed for Emergency Preparedness for the citizens of Diamond Bar, especially the senior citizens see attached Describe the specific purpose of the project, identifying the problems the project is intended to solve: The specific purpose of the NEAT program is to help prepare senior citizens for a large scale earthquake and disasters other than earthquakes. Also to assist each other afterwards. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). The NEAT Seniors Program will tar et the senior citizen Population of the Cit IV. Financial t Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. V. Proar3m Client profile A. Clients served in previous year, and Bar :ct3: B. Clients below low/moderate income C. Clients expected in new year r` '7 D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. Both male and female seniors over the age of 65, on fixed incomes with—2,-ariety of ethnic backgrounds, and most re uiring medical attention fre uentl17 I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances-.. S ignatur Title Assistant to the City Manager Name Troy Butzlaff Date ��Iltl�lil EtrtipMl �pr�Issl �� Planning Guide for Seniors Plan Major earthquakes can kill and injure thousands of people. Even moderate earthquakes can cause death, injury, and property damage. They also can seriously disrupt all of those things we have come to take for granted and to depend on for our well-being. Developing individual, family, and neigh- borhood earthquake plans can help you improve your chances of surviving an earthquake without injury or serious damage. Plan for family, friends, and neighbors to check on each other after an earthquake. i Telephones may not be working, so this should be arranged between people who live near to one another.) !Maintain a list of your medications, allergies. and special equipment. Include the name, address, and telephone num- ber of your doctor. pharmacist, a family member, clergyman, or special friend. Take this list with you if you must l Your home after an earthquake. eave Prepare Falling objects pose one of the greatest hazards in an earth- quake. Older people may not be as agile or as mobile as they once were. making it difficult or impossible to quickly get under a piece of heavy furniture such as a table or desk for protection. Therefore. it is very important to eliminate haz- ards in the home that could fall and cause injury. If you cannot do these things yourself, ask a friend or family mem- ber for assistance: • Securely anchor any medical equipment, heavy appli- ances.bookcases, chinacabigets,hangingplants andother items. • Place heavy objects on low shelves. • Move beds away from` windows. • Make sure doorways, halls, and exits are clear so that you may exit safely. • Add latches to cabinets and drawers to keep them from opening in an earthquake, Ceep a 72 -hour supply of emergency food and water. Have well -stocked first aid kit, flashlight and batteries, portable adio, and essential medications. Developed by the Governor's Office of Emergency SOMM Protect Know where to go for protection when shaking starts. Find a safe spot in each room: under a heavy piece of furniture !Ike a desk or sturdy table, against inside walls, or under ,up - ported archways. If you cannot reach a safe spot, sit down or stay sitting w here you are until the shaking stops. Cover your head with -,our arms. If outside, move to a safe spot away from buildings, oyer head wires, and windows. Special Needs :Many seniors have special needs. Taking the following ac- tions will increase your chances of riding out an earthquake safely: • If you use life support equipment, such as axvgen. ha%e someone fasten the large tank securely to prevent it from falling over in an earthquake. If you use a wheelchair walker, crutches, canes, walking aids, keep them nor other types of mechanical or you at all times. If possible. have extra walking aids available in different locations throughout your home. • Place a security light in each room. These lights plug into any electrical wall outlet and tight up automatically if there is a loss of electricity. They will continue operating automatically for four to six hours, and you can tum them off by hand in an emergency. • Have a whistle to signal for help in an emergency. • If you use battery-operated equipment, store extra batteries and replace them annually. • If your life support equipment requires electricity, buy an emergency generator. • Have a smoke detector and fire alarm system installed. It you have difficulty hearing, install! a system that has tla�,h in strobe lights to get your attention. If you have a batter` operated detector, replace batteries annually, • If you use a hearing aid, keep an extra supply of battene, with youremergency supplies. Remember to replace thea, annually. • If You wearglasses. keep anextrapair with youremergenc supplies. ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET :rganization City of Diamond Bar ESTIMATED EXPENDITURES CATEGORIES FROM CDBG OTHER SOURCES TOTAL Salaries & Benefits $5,000 $2,000 $7,000.00 Supplies $2,500 $2,500.00 Rent Communication tetephooe, v"C' M) Travel Expenses Insurance Other $2,000 2,000.00 l?Iease gwdy) SUBTOTALS $9,500 (A) TOTAL BUDGET w• ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Emergency Preparedness Other Cities (specify) County or State (specify) Federal Programs CDGB Contributions Fund Raising Program/Participant Fees: Other (specify) $2,000.00 (B) TOTAL ESTIMATED INCOME (should equal A): $11,500.00 CITE" OF DL-kN10;D BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING ^] ^�yis tsnt`r _.ndir.g are subject to City C0unci_ appro; :. ^:gen` upon the projects eligibility under the Deus r. and=or,.unity Develop rent Act as amended. ^PL CAT_ _`4, I. Application Summar DECEMBER 6 1993 Name of Organization Cite.' Of Diamond Bar Community Emergenc Prepare ness Project ^Iame and Risk Awareness Prop*§int Requested: 58,500.00 Location of Project 21660 E. Copley Drive, #100, Diamond Bar Funds would be used to: Minimize risks to residents by enhancing, their knowledge of emergency preparedness, self protection, and home safety topics. Develop a resource list of community vo un eers tnat couid as ei y in e even o an Ii. General Information Organization Address 21660 E. Copley Dr., #10 @ityDiamond Bar Telephone (909) 396-5666 Zip Code 91765-4177 Contact Person Phil Armentrout TitleEmergency Service- Officials authorized to sign contract and expend funds for applicant: "dame Gary Werner Title Mayor Name Terrence L. Belanqer Title _City Manager Federal I.D. Number/Social Security Number (non-profit ccrporation): Prcject Description (Check applicable category) Real Property Acquisition Capital Equipment Acquisition Planning/Studies (Construction) Other: X Public Service Rehabilitation/ Preservation Other (if checked explain below) . -S re -'-.esu Ch'iStang nr� ,. Agra^ • y3nr3y aar� sect rece_ .•ed past funding frs- the - _� ;•es, o_e3se �-dentifthe , y s-srce, year and amount: III. Goals and Objectives Provide a detailed description of the proposed program/projec, by describing precisely what is to be accomplished with t' -:e requested funds. (Attach additional sheets, if necessary) To offer a series of informative training seminars to the residents of Diamond Bar in conjunction with the [Neighborhood maraencv Action Team (NEAT) Proqram. The seminars would be directed towards emergency preparedness topics such as: CPR, home safety, self defense and various safety issues. Describe the specific purpose of the project, identifying the problems the project is intended to solve: The Specific purpose of Community Emergency Preparedness and Risk Awareness project is to offer disaster preparedness education and uidelines to help prevent personal disaster and maintain a state of preparedness. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). Civ of Diamond Bar IV. Financial Inlorsition Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. V. Program Client profile Clients served in Diamcn1 Sar � Clients year --- - vents helcw lOw/mcderate income Clients expected in new Year D. Descr_te characteristics of client o ulation i _nci.:ding age, sex, income level, ethnic background as dtc�hos specialized characteristics. Relate how the program/project ail_ meet the federal requirement of benefitting lower income persons. A11 citizens of Diamond Bar, male and female, all ages, races level. It will benefit lower income persons because to a resident of Diamond Bar. I hearby certify that if funds are granted to our organization the•. will be used to benefit lower income residents of the city o Diamond Bar. we understand that the formal agreement with the cit-; will define other reporting provisions and federally required assurances7-- Signature Title Assistant to the i Name Troy L. Butzlaff Date 2 1 ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET -`?-r.Zat,37, Citv of Diamond Bar ESTIMATED EXPENDITURES CAT GORIES FROM CDBG OTHER SOURCES TOTAL Salaries & Benefits $5,000 $5,000 $10,000 Supplies $1 500 $ 500 $ 2,000 Rent Communication telephone.7�Ul aci TravelExpenses Insurance Other Specialized $2,000 Placa spw, Training $ 2,000 SUBTOTALS $g5�_ — $5,500 (A) TOTAL BUDGET $14,000 ESTIMATED REOENIIE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Emergency Preparedness Other Cities (specify) County or State (specify) Federal Programs CDGB Contributions Fund Raising Program/Participant Fees: Other (specify) $ 5.500 $ 8,500 (B) TOTAL ESTIMATED INCOME (should equal A): $14,000 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING All requests for funding are subject to Cit Funding is contingent upon the projects eligibility app Housing and Community Development Act as amended.y under th, APPLICATION DEADLINE: DECEMBER 6 1993 I • APDIication SUMMar y Name of Organization City of Diamond Bar Project Name Planning & Administration Amount Requested: q . 5;29, 093 Location of Project 21660 E. Co ,Ley Dro. Ste. 100, Diamond Bar, CA 91765 Funds would be used to: Provide the general oversi office. of the_ght and' ' on II- General information Organization Address 21660 E. Copley Dr. #100 City Diamond Bar, CA Telephone (909) 396-5690 Zip Code 91765 Contact Person James DeStefano Title Community Development Director Officials authorized to sign contract and expend funds for applicant: Name Gary Werner Title Mayor Name Terrence L. Belanger Title City Manager Federal I.D. Number/Social Security Number (non-profit corporation) : N/A Project Description (Check applicable category) Real Property Acquisition Public Service Capital Equipment Acquisition Rehabilitation/ X Planning/Studies Preservation (Construction) Other (if checked Other: explain below) This request is for a new x existing program. (died") Has program/project receives past funding from the City of Diamond Bar? Yes If yes, please identify the source, year and amount: 1993-94 -529,093 1992-93 - $16,000 III. Goals and Obiectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) Oversight, conducting studies, administration/monitoring of sub receipants, _prepare necessary reports Describe the specific purpose of the project, identifying the problems the project is intended to solve: See above Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). City wide IV. Financial Information Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. NIA V. Program Client Profile A. Clients served in previous year B. Clients below low/moderate income C. Clients expected in new year Diamond Bar Total D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the city will define other reporting provisions and federally required assurances. Signature TitleCommunity Development Director Name James DeStefano Date 12-15-93 ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Crganization City of Diamond Bar - Administration ESTIMATED EXPENDITURES CATEGORIES FROM.CDBG OTHER SOURCES TOTAL Salaries & Benefits UO -593 $20,593 Supplies/ ervicos $8 OQO $8,000 + Rent Communication (tclephaoe, postale, ae) Travel Expenses _ 500 $ 900 Insurance Other (Plan spftdy) SUBTOTALS ,22,ng3 (A) TOTAL BUDGET $29,093 ESTIMATED REVENUE SOURCES FOR THIS PROORAM/PROJECT City of Diamond Bar (CDBG Fund) Other Cities (specify) county or State (specify)_ Federal Programs Contributions Fund Raising Program/Participant Fees: Other (specify) $29,093 (B) TOTAL ESTIMATED INCOME (should equal A): $29,093 CITY OF DIAIMOND BAR COMMUNITY DEVELOPMENT BLOCK GR� 9:55 APPLICATION FOR FUNDING All requests For funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 197:1 Housing and Community Development Act as amended. APPLICATION DEADLINE I. AADlication summary DECEMBER 6 1993 Name of Organization City of Diamond Bar Project Name ADA retro -Fit --City Parks Amount Requested: $ 180,600 Peterson Park (24142 Sylvan Glen) Location of Project Heritage Park (2900 Brea Canyon Road) Maple Hill Park (1309 S. Maple Hill Road) Starshine Park (20838 Starshine Funds would be used to: Retro -fit the existing parks to make them accessible to the handicapped. This includes playground equipment and surfacing, drinking fountains, signage, walkways and door hardware. II. General Information Organization Address 21660 E. Copley Dr., X6100 City Diamond Bar Telephone (909) 396-5694 Zip Code 91765 Contact Person Bob Rose Title Community Services Director Officials authorized to sign contract and expend funds for applicant: Name Gary Werner Title Mayor Name Terrence L. Belanger Title City Manager Federal I.D. Number/Social Security Number (non-profit corporation) : N/A Project Description (Check applicable category) Real Property Acquisition XX capital Equipment Acquisition Planning/Studies (Construction) Other: Public Service Rehabilitation/ Preservation Other (if checked explain below) This request is for a new x existing program. Has program/project received Diamond Bar? Yes past funding from the City of Tf yes, please identify the source, year and amount: CDBG 1993/94 $84,597 III. Goals and Objectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplishedwith the requested funds. (Attach additional sheets, if necessary) Retro -fit the existing parks to make them accessible to the handicapped. This includes la round eco,,; n,,,o„� drinking fountains, signage ooms. Describe the specific purpose of the project, identifying the problems the project is intended to solve: Currently, the playground equi nt, surfacing and rk ammenities are not accessible to the handicapped as required by the Americans With Disabilities Act. This grant will provide for this federally mandated need. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). Primarily the City of Diamond Bar. IV. Financia inlorsa +�� Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. None - only CDBG 1993/94 $84,597 V. Program Client Profile A. Clients served in previous year B. Clients below low/moderate income C. Clients expected in new year Diamond Bar ta, unknown unknown unknown D. Describe characteristics of client population in target area specialized characteristics. Relate how including age, sex, income level, ethnic background and other meet the federal requirement of benefitting ower im/proje r will People of all ages, ethnic backgrounds and gender lower income persons. g g (i.e. 207 Asian/American, 607 caucasion, 20% other). I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisi assurances. onand federally required ,� s Signature- Title�-= Name Bob Rose, CommunityServices Di e for rDacte 12/8/93 ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization City of Diamond Bar ESTIMATED EXPENDITURES CATEGOR ES FROM CDBG ------ OTHER SOURCES Salaries & Benefits Supplies 180,600 Rent ------------ Communication (telephooa, Postalle, ac) Travel Expenses Insurance Other Please ryxJy) SUBTOTALS (A) TOTAL BUDGET TOTAL 180,600 180,600 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (specify) Federal Programs Contributions Fund Raising Program/Participant Fees: Other (specify) 180,600 (B) TOTAL ESTIMATED INCOME (should equal A) • 180,600 - = CITY OF DIAMOND BAR -J Pi i CCTF4UNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING All requests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Community Development Act as amended. APPLICATION DEADLINE: DECEMBER 6, 1993 I. Application Summary Name of Organization City of Diamond Bar Furnishings - Heritage Park Project Name Community Center Amount Requested : $ 30,300 Location of Project 2900 S. Brea Canyon Road (Heritage Park) Funds would be used to: Purchase furnishings necessary to conduct senior citizen programming at Heritage Park Community Center. Furnishings would include tables, chairs, storage container, shelving, computer equipment and a xerox mac ine. II. General Information Organization Address 21660 E. Copley D., #100 City Diamond Bar Telephone (909) 396-5694 Contact Person Bob Rose Zip Code 91765 Title Community Services Director Officials authorized to sign contract and expend funds for applicant: Name Gary Werner Name Terrence L. Belanger Mayor ayor Title City Manager Federal I.D. Number/Social Security Number (non-profit corporation) : N/A Project Description (Check applicable category) Real Property Acquisition XX Capital Equipment Acquisition Planning/Studies (Construction) Other: Public Service Rehabilitation/ Preservation Other (if checked explain below) This request is for a new X existing program. Has program/project received past funding from the City of Diamond Bar? Yes If yes, please identify the source, year and amount: CDBG - 1993/94 $32,750 III. Goals and Objectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) To purchase the furr•ishin s necessary to accomodate a senior citizen program of over 160 artici ants at Heritage Park Co ty Center Furnishings to be purchased include tables, chairs, st ge ontain r x rox machine, computer equipment and shelving. Describe the specific purpose of the project, identifying the problems the project is intended to solve: Tables and chairs currently are available for 100 to dine and 150 to meet for assembly. New tables and chairs will accomodate 160 for dinin and 250 for assembly. Storage container and shelving is necessary to store tables and chairs when not in use (weekends), and xerox machine and computer e ui ment make the senior program self-sufficient. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). The primary area of service will be the City of Diamond Bar. Howeverg the make-up ul current senior programs in the City indicate there will be some service provided to residents of adjacent communities. iv. Financial 2nformation Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. CDBG - 1993/94 $32,750 - No other,,.funding sou V. Procram Client Profile A. Clients served in previous year Diamond Bar Total Y _100 per day B. Clients below low/moderate income C. Clients expected in new year 160 per day_ D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. Seniors 55 and over, variety of ethnic backgrounds (i.e. 20% Asian/American, 60% caucasian, 207 other; percentage of females served should be a little higher than males. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. we understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature '/--°1.�' Community Services Title Director Name Bob Rose Date 12/06/93 ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization City of Diamond Bar ESTIMATED EXPENDITURES CATEGORIES FROM CDBG OTHER SOURCES - TOTAL Salaries & Benefits Supplies 30,300 N/A 30,300 Rent Communication telephone, postale, eft) Travel Expenses Insurance Other (Please Specify) SUBTOTALS (A) TOTAL BUDGET 30,300 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (specify) Federal Programs contributions Fund Raising Program/Participant Fees: other (specify) 30,300 (B) TOTAL ESTIMATED INCOME ( should equal A) : 30,300 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING All rec_�ests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Hcusing and Community Development Act as amended. APPLICATION DEADLINE: I. Application Summary Name of Organization DECEMBER 6, 1993 City of Diamond Bar Project Name Handicap Access Ramp cAmount Requested:$ 180,250.00 Location of Project Citywide Funds would be used to: Retrofit existing non -ADA compliance handicap access ramps at various street intersections. II. General Information Organization Address 21660 E. Copley Drive,St&lt,100 Diamond Bar Telephone(909) 396-5672 Zip Code 91765 Contact Person David Liu Title Senior Engineer Officials authorized to sign contract and expend funds for applicant: Name _Terrence L. Belanger Title City Manager Name Title Federal I.D. Number/Social Security Number (non-profit corporation): rroject Description (Check applicable category) Real Property Acquisition Capital Equipment Acquisition Planning/Studies (Construction) Other: Public Service X Rehabilitation/ Preservation Other (if checked explain below) This request is for a new x existing program. Has program/project received past fundin Diamond Bar? g from the City o: If yes, please identify the source, year and amount: III. Goals and Obiectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) In compliance with the Americans with Disabilities Act (ADA) Of 1990, the City intends to upgrade/retrofit existing handicap access ramps along Grand Avenue, Diamond Bar Blvd., and Golden Springs Drive. Describe the specific purpose of the project, identifying the problems the project is intended to solve: To address the health and safety needs of the physically challenged individuals and to bring the City into compliance with the ADA requirements. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). Grand Avenue, Diamond Bar Boulevard, and Golden Springs Drive. IV. Financial Information Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. N/A V. Procram Client Profile A. Clients served in previous year Diamond Bar Total B. Clients below low/moderate income C. Clients expected in new year D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature, X/ Title Senior Engineer Name David G. Liu Date ATTACHMENT A COMXUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization City of Diamond Bar ESTIMATED EXPENDITURES CATEGORIES FROM CDBG --_� OTHER SOURCES TOTAL Salaries & Benefits $ 24,000 $ 24,000 Supplies Rent Communication (w1cpbooe, pmwe. ase) ` Travel Expenses Insurance Other Construction/ $156,250 'P)C&U 1P.jr) retrofitting of 125 ramps SUBTOTALS $180,250 (A) TOTAL BUDGET $156,250 $180,250 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (specify) Federal Programs CDBG $180,250.00 Contributions Fund Raising Program/Participant Fees: Other (specify) (B) TOTAL, ESTIMATED INCOME (should equal A): $180,250.00 INTEROFFICE MEMORANDUM DATE: December 15, 1993 TO: Kellee Fritzal, Administrative Assistant FROM: David G. Liu, Senior Engineer l� I" SUBJECT: CDBG-HANDICAP ACCESS RAMPS Attached are two lists of wheelchair ramps to be constructed/modified during the 93-94 and 94-95 fiscal years. Additionally, I have revised the implementation schedule for the handicap access ramps for FY 93-94. The schedule will be as follows: 1. Design of ramp specifications January 1994 2. Bid advertisements February 1994 3. Bid opening March 1994 4. Start of construction April 1994 5. Completion of constuction May 1994 Should you have any questions or need additional information, please let me know. Attachments LIST OF WHEELCHAIR RAMPS TO BE DONE IN FY 93-94 ---------------------------------------------------------------- DIAMOND BAR BLVD. NEW EXISTING SUB AT RAMP RAMP TOTAL LOCATION MODIFICATION ------------------------------------------------r--------------- Highland Valley N/W -0- 1 Eastbound S/W -0- 2 SR -60 on/off Ramps N/W Golden Springs -0- 4 4 Tin Drive N/W -0- 2 S/W Steep Canyon N/E -0- 1 Clear Creek N/E -0- 1 Grand -0- 4 4 "Frontage" island North of Mountain Laurel 2 -0- 2 Silver Hawk N/W -0- 1 Shadow Canyon S/E -0- 1 Brea Canyon 4 -0- 4 TOTAL 23 GOLDEN SPRINGS DRIVE NEW EXISTING AT RAMP RAMP LOCATION MODIFICATION ---------------------------------------------------- Albertson's drive approach Grand Prospector Torito Lane Rancheria Benica San Leandro Ballena Corpio Willow Creek 2 S/W S/W S/W N/ E N/W & S/W N/E & S/E 4 N/E & S/E N/W & S/W -0- 3 -0- -0- -0- -0- -0- -0- -0- -0- TOTAL SUB- TOTAL 2 4 1 1 1 2 2 4 2 2 21 ----------------------------------------------------------------- FERNHOLLOW DRIVE NEW EXISTING SUB - AT RAMP RAMP TOTAL LOCATION MODIFICATION ----------------------------------------------------------------- Broken Arrow Drive N/E & S/E -0- 2 TOTAL 2 GRAND TOTAL OF 35 NEW RAMPS AND 11 RAMP MODIFICATIONS LIST OF WHEELCHAIR RAMPS TO BE DONE IN FY 94-95 M--m ---------- GOLDEN SPRINGS DRIVE EXISTING SUB - AT RAMP TOTAL MODIFICATION ------------------------------------ Calbourne 4 --------- 4 Arkley 2 2 Lemon 4 4 Rapidview 2 2 Gona Court 2 2 Brea Canyon 4 4 Gateway Center 2 2 Copley 2 2 Sycamore Park Entrance 2 2 Golden Prados 4 4 Sabana 2 2 Prospectors 1 1 Torito Lane 1 1 Sylvan Glen 2 2 Sunset Crossing 2 2 High Knob 4 4 Temple 2 2 TOTAL 42 LIST OF WHEELCHAIR RAMPS TO BE DONE IN FY 94-95 ----------------------------------------------------------------- DIAMOND BAR BLVD. EXISTING SUB - AT RAMP TOTAL ----------------------------------------------------------------- MODIFICATIONS Temple 2 2 Highland Valley 3 3 Sunset Crossing 4 4 Westbound SR -60 on/off ramps 2 2 Eastbound SR -60 on/off ramps 2 2 K -Mart Drive Approach 4 4 Gold Rush 4 4 Steep Canyon 1 1 Clear Creek 3 3 Montefino 2 2 Quail Summit 2 2 Mountain Laurel 4 4 Maple Hill 2 2 Acacia Hill 2 2 Kiowa Crest 2 2 Silver Hawk 1 1 Morning Canyon 2 2 Pathfinder 4 4 Shadow Canyon 1 1 Fountain Springs 2 2 Sugarpine 4 4 DIAMOND BAR BLVD. LIST OF WHEEL CHAIR RAMPS PAGE TWO Cold Spring Crooked Creek Cherrydale Fallowfield 4 4 2 2 2 2 2 2 TOTAL 63 LIST OF WHEELCHAIR RAMPS TO BE DONE IN FY 94-95 ----------------------------------------------------------------- GRAND AVENUE EXISTING SUB - AT RAMP TOTAL MODIFICATION ----------------------------------------------------------------- Longview 4 4 Summitridge Rolling Knoll Cleghorn Countryview Montefino Cahill 4 4 2 2 2 2 2 2 2 2 2 2 TOTAL 18 GRAND TOTAL OF 123 RAMPS FOR FY 94-95 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING All requests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Community Development Act as amended. APPLICATION DEADLINE: DECEMBER 6 1993 I. Application summary Name of Organization City of Diamond Bar Project NameSingle Family Housing Rehab M46dfit9rRequested: $ 55, 000 Location of Project City Wide Funds would be used to: Provide housing rehabilitation II. General Information Organization Address 21660 E. Copley Dr. #100 Telephone (909) 396-5690 Contact Person James DeStefano CityDiamond Bar, CA Zip Code 91765 TitleCommunity Development Director Officials authorized to sign contract and expend funds for applicant: Name Gary Werner Title Mayor Name Terry L. Belanger Title City Manager Federal I.D. Number/Social Security Number (non-profit corporation) : N/A vroject Description (Check applicable category) Real Property Acquisition Capital Equipment Acquisition Planning/Studies (Construction) Other: Public Service X Rehabilitation/ Preservation Other (if checked explain below) This request is for a X new existing program. (\CtEd,�) Has program/project received past funding from the City of Diamond Bar. No If yes, please identify the source, year and amount: N/A III. Goals and Objec_ Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) Provide grants up to $2,500 and no interest deferred loans of up to $7,500 to low and moderate income homeowners. confined to roofs, windows, doors, paintinQ, installation of locks, water saving shower heads, faucets, smoke detectors sewer and water line re lacement, and other energy efficiency improvements. Applications will be accepted on a first-come, first -serve basis starting July 1, 1994. Describe the specific purpose of the project, identifying the problems the project is intended to solve: To assist low and moderate income residents which is delapatating. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). City Wide IV. Financial -Info ation Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. N/A V. Program client Profile A. Clients served in previous year Diamond Bar Total B. Clients below low/moderate income C. Clients expected in new year 10 10 D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. The program will assist all facets of the community which meet the low and moderate income level. The City will notifythe community which meets the income level of this new program. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the city will define other reporting provisions and federally required assurances. Signature TitleCommunity Development Director Name James DeStefano Date 12-15-93 ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization City of Diamond Bar ESTIMATED EXPENDITURES CATEGORIES FROM CDBG OTHER SOURCES TOTAL Salaries & Benefits $ 5.n�_ $ 5,000 supplies Rent Communication (telepboce, Postage, etc) Travel Expenses Insurance Other Grants/Loans $50,000 (Please specify) SUBTOTALS $55,000 (A) TOTAL BUDGET $55,000 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar (CDGB) $50,000 Other Cities (specify) County or State (specify) Federal Programs Contributions Fund Raising Program/Participant Fees: Other (specify) (B) TOTAL ESTIMATED INCOME (should equal A) : $55,000 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING All rea-_�ests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Community Development Act as amended. APPLICATION DEADLINE: I. Application Summary Name of organization DECEMBER 6, 1993 City of Diamond Bar Project Name Handicap Access Rampc�,mount Requested:$180,250.00 Location of Project Citywide Funds would be used to: Retrofit existing non -ADA compliance handicap access ramps at various street intersections. II. General Information Organization Address 21660 E. Copley Drive,Stnt,,100 Diamond Bar Telephone(909) 396-5672 Contact Person David Liu Zip Code 91765 Title Senior Engineer Officials authorized to sign contract and expend funds for applicant: Name Terrence L. Belanger Title City Manager Name Title Federal I.D. Number/Social Security Number (non-profit corporation) : ----_-__-_- - Project Description (Check applicable category) Real Property Acquisition Capital Equipment Acquisition Planning/Studies (Construction) Other: Public Service X Rehabilitation/ Preservation Other (if checked explain below) This request is for a new x existing program. (dMd") Has program/project received past funding from the City of Diamond Bar? If yes, please identify the source, year and amount: III. Goals and Objectives Provide a detailed description of -the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) In compliance with the Americans with Disabilities Act (ADA) of 1990, the City intends to upgrade/retrofit existing handicap access ramps along Grand Avenue, Diamond Bar Blvd., and Golden Springs Drive. Describe the specific purpose of the project, identifying the problems the project is intended to solve: To address the health and safety needs of the physically challenged individuals and to bring the City into compliance with the ADA requirements. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). Grand Avenue, Diamond Bar Boulevard, and Golden Springs Drive. IV. Financial Information Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. N/A ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET organization City of Diamond Bar ESTIMATED EXPENDITURES CATEGORIES FROM CDBG OTHER SOURCES TOTAL Salaries & Benefits $ 24,000 $ 24,000 Supplies Rent Communication (teia,eoug, P"C, «U) Travel Expenses Insurance Other Construction/ $156,250 $156,250 (Plum,.y) retrofitting of 125 ramps SUBTOTALS X1.80,250 (A) TOTAL BUDGET $180,250 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (specify) Federal Programs CDBG Contributions Fund Raising Program/Participant Fees: Other (specify) $180,250.00 (B) TOTAL ESTIMATED INCOME (should equal A): $180,250.00 INTEROFFICE MEMORANDUM DATE: December 15, 1993 TO: Kellee Fritzal, Administrative Assistant FROM: David G. Liu, Senior Engineer SUBJECT: CDBG-HANDICAP ACCESS RAMPS I� Attached are two lists of wheelchair ramps to be constructed/modified during the 93-94 and 94-95 fiscal years. Additionally, I have revised the implementation schedule for the handicap access ramps for FY 93-94. The schedule will be as follows: 1. Design of ramp specifications January 1994 2. Bid advertisements February 1994 3. Bid opening March 1994 4. Start of construction April 1994 5. Completion of constuction May 1994 Should you have any questions or need additional information, please let me know. Attachments LIST OF WHEELCHAIR RAMPS TO BE DONE IN FY 93-94 ---------------------------------------------------------------- DIAMOND BAR BLVD. NEW EXISTING SUB AT RAMP RAMP TOTAL ---------------------------------------------------------------- LOCATION MODIFICATION Highland Valley N/W -0- 1 Eastbound S/W -0- 2 SR -60 on/off Ramps N/W Golden Springs -0- 4 4 Tin Drive N/W -0- 2 S/W Steep Canyon N/E -0- 1 Clear Creek N/E -0- 1 Grand -0- 4 4 "Frontage" island North of Mountain Laurel 2 -0- 2 Silver Hawk N/W -0- 1 Shadow Canyon S/E -0- 1 Brea Canyon 4 -0- 4 TOTAL 23 GOLDEN SPRINGS DRIVE NEW EXISTING SOB - AT RAMP RAMP TOTAL ----------------------------------------------------------------- LOCATION MODIFICATION Albertson's drive approach 2 -0- 2 Grand S/W 3 4 Prospector S/W -0- 1 Torito Lane S/W -0- 1 Rancheria N/E -0- 1 Benica N/W & S/W -0- 2 San Leandro N/E & S/E -0- 2 Ballena 4 -0- 4 Corpio N/E & S/E -0- 2 Willow Creek N/W & S/W -0- 2 TOTAL 21 ----------------------------------------------------------------- FERNHOLLOW DRIVE NEW EXISTING SUB - AT RAMP RAMP TOTAL ----------------------------------------------------------------- LOCATION MODIFICATION Broken Arrow Drive N/E & S/E -0- 2 TOTAL 2 GRAND TOTAL OF 35 NEW RAMPS AND 11 RAMP MODIFICATIONS LIST OF WHEELCHAIR RAMPS TO BE DONE IN FY 94-95 ----------------------------------------------------------------- GOLDEN SPRINGS DRIVE EXISTING SUB - AT RAMP TOTAL MODIFICATION Calbourne 4 mmm-mmmmmm 4 Arkley 2 2 Lemon 4 4 Rapidview 2 2 Gona Court 2 2 Brea Canyon 4 4 Gateway Center 2 2 Copley 2 2 Sycamore Park Entrance 2 2 Golden Prados 4 4 Sabana 2 2 Prospectors 1 1 Torito Lane 1 1 Sylvan Glen 2 2 Sunset Crossing 2 2 High Knob 4 4 Temple 2 2 TOTAL 42 LIST OF WHEELCHAIR RAMPS TO BE DONE IN FY 94-95 ----------------------------------------------------------------- DIAMOND BAR BLVD. EXISTING SUB - AT RAMP TOTAL MODIFICATIONS -------------------------------------------- Temple 2 2 Highland Valley 3 3 Sunset Crossing 4 4 Westbound SR -60 on/off ramps 2 2 Eastbound SR -60 on/off ramps 2 2 K -Mart Drive Approach 4 4 Gold Rush 4 4 Steep Canyon 1 1 Clear Creek 3 3 Montefino 2 2 Quail Summit 2 2 Mountain Laurel 4 4 Maple Hill 2 2 Acacia Hill 2 2 Kiowa Crest 2 2 Silver Hawk 1 1 Morning Canyon 2 2 Pathfinder 4 4 Shadow Canyon 1 1 Fountain Springs 2 2 Sugarpine 4 4 DIAMOND BAR BLVD. LIST OF WHEEL CHAIR RAMPS PAGE TWO Cold Spring Crooked Creek Cherrydale Fallowfield 4 4 2 2 2 2 2 2 TOTAL 63 LIST OF WHEELCHAIR RAMPS TO BE DONE IN FY 94-95 ----------------------------------------------------------------- GRAND AVENUE EXISTING SUB - AT RAMP TOTAL ----------------------------------------------------- MODIFICATION Longview 4 ----------- 4 Summitridge 4 4 Rolling Knoll 2 2 Cleghorn 2 2 Countryview 2 2 Montefino 2 2 Cahill 2 2 TOTAL 18 GRAND TOTAL OF 123 RAMPS FOR FY 94-95