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HomeMy WebLinkAbout02/01/1994C1Ca�ci1 AGENDA Tuesday, February 1, 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Mayor Pro Tem Council Member Council Member Council Member Gary H. Werner Clair W. Harmony 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 mgycled paper and encourages you to do the same. Next Resolution No. 94-02 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. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 CERTIFICATE OF RECOGNITION to Dr. Frank Pelsue, outgoing Executive Director, serving Mosquito Abatement District. 2.2 CERTIFICATE OF RECOGNITION to Diamond Bar Improvement Association (DBIA) volunteers for removal of graffiti in the City of Diamond Bar: Ernie and Jessica Schultte. 3. 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 a five minute maximum time limit when addressing the City Council. 4. 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. 5. SCHEDULE OF FUTURE EVENTS: 5.1 GENERAL PLAN ADVISORY COMMITTEE - February 8, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.2 TRAFFIC AND TRANSPORTATION COMMISSION - February 10, 1994 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - February 14, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - February 15, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of January 4, 1994 - Approve as submitted. Requested by: City Clerk FEBRUARY 1, 1994 PAGE 2 6.2 WARRANT REGISTER - Approve Warrant Register Dated February 1, 1994 in the amount of $643,410.81. Requested by: City Manager 6.3 TREASURER'S REPORT - Receive and File Treasurer's Report for Month of December, 1993. Requested by: City Manager 6.4 CLAIM FOR DAMAGES: 6.4.1 Filed by John M. Davis November 16, 1993. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.4.2 Filed by Joseph Lopez January 14, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.5 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TRACT MAP NO. 50519, FOR THE SUBDIVISION OF A 2.3 ACRE SITE INTO 3 COMMON LOTS AND 34 CONDOMINIUMS LOCATED AT 300-366 TORITO LANE, DIAMOND BAR, CALIFORNIA - This project consists of the construction of a 34 -unit condominium complex on 2.3 acres of land and has been submitted by Diamond Development Company for final tract map approval. Recommended Action: It is recommended that the City Council (1) approve the Final Tract Map No. 50419; (2) authorize the Mayor to execute the Subdivision Agreement; (3) adopt Resolution No. 94 -XX; (4) authorize the Interim City Engineer to sign the map; and (5) direct the City Clerk to certify and process the map and CC & R's for recordation. Requested by: Public Works Director 6.6 (A) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING THE OFFER OF DEDICATION OF THAT CERTAIN REAL PROPERTY HEREIN DESCRIBED FOR PUBLIC USE. FEBRUARY 1, 1994 PAGE 3 (B) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUMMARILY VACATING AND ABANDONING THAT CERTAIN PUBLIC SERVICE EASEMENT MORE SPECIFICALLY DESCRIBED HEREIN - This Sewer Easement Relocation/Vacation is between Parcel 1 of Parcel Map 15375 and Parcel No. 1 of Parcel Map 2151 at 3302 S. Diamond Bar Blvd. for construction of an Arco/AM.PM mini -mart. Recommended Action: Adopt Resolutions No. 94 -XX and 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 vacation of the sewer easement shown in Exhibit "E" at 3302 S. Diamond Bar Blvd. Requested by: Public Works Director 6.7 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 to go out for bid. (Continued from January 18, 1994) Recommended Action: Adopt Resolution No. 94 -XX approving plans and specifications for the Country Sanitary Sewer System Project and authorize the City Clerk to advertise for bids. Requested by: Public Works Director 6.8 AWARD OF BID FOR GRAND AVE. GUARDRAIL/LANDSCAPE IMPROVEMENTS - On December 7, 1993, City Council adopted Resolution No. 93-78 directing the City Clerk to advertise for and receive bids for Grand Ave. Guardrail Landscape Improvements. Bids were received from four qualified contractors and ranged from $31,175 to $76,423.25. Recommended Action: It is recommended that the City Council award a contract to Accurate Landscape and Maintenance Corporation, the lowest responsive bidder, for completion of irrigation and landscape improvements along the guardrail on Grand Ave. in the amount of $31,175. Requested by: Community Services Director 6.9 PROFESSIONAL SERVICES AGREEMENT WITH LG&E POWER ENGINEERS AND CONSTRUCTORS (FORMERLY ULTRASYSTEMS ENGINEERS & CONSTRUCTORS, INC.) - The City retained Ultrasystems FEBRUARY 1, 1994 PAGE 4 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 assessments and testimony on the proposed project. (Continued from January 18, 1994) Recommended Action: Approve the proposed work program and budget for environmental assessment and reporting services (Exhibit "B"); 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 6.10 GRAFFITI REWARDS - In response to a growing graffiti problem, the City Council adopted Resolution No. 92-55 offering rewards of up to $500 to individuals providing information leading to the apprehension and conviction of any person placing graffiti on structures in the City. The Graffiti Rewards program is one aspect of a multi - pronged approach the City has used to combat graffiti, which has resulted in on a 78% reduction in the amount of graffiti needing removal in the last year. Recommended Action: It is recommended that the City Council authorize the payment of five $500 rewards to the individuals who provided the information that led to the apprehension and conviction of the persons who placed graffiti on structures in Diamond Bar. Requested by: Community Services Director 6.11 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF INTERVALE SENIOR SERVICES' APPLICATION FOR GRANT FUNDS IN ORDER TO OFFER A NUTRITIONAL LUNCH PROGRAM TO THE OLDER ADULT POPULATION OF THE CITY OF DIAMOND BAR ON BEHALF OF THE CITY - The survey of senior households in D.B. indicated a demand for a daily nutritional lunch program. Research conducted by staff has lead to a potential provider of this service, Intervale Senior Services. Intervale can submit a grant request to the L.A. County Area Agency on Aging (AAA) on behalf of the City to fund this program. If a nutritional lunch program is offered at Heritage Park Community Center, it is important that we agree that FEBRUARY 1, 1994 PAGE 5 the large room be dedicated for senior use Mondays through Fridays from 9:00 a. m. to 3:00 p.m., year around. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX supporting Intervale's Application to AAA for grant funds. It is further recommended that the City Council support the dedication of the large room (Community Room) for senior use Mondays through Fridays, 9:00 a.m. to 3:00 p.m., year around. Requested by: Community Services Director 6.12 AGREEMENT BETWEEN CITY OF DIAMOND BAR AND COUNTY OF LOS ANGELES RE: PROPERTY TAX TRANSFER ADJUSTMENT - Consideration of an agreement between the City and the L.A. County adjusting the FY 1989-90 property tax transfer and the three years thereafter (1990-91 through 1992-93) and establishing a repayment schedule, less a payment for interim services, for property taxes owed for the years 1989-90 through 1992-93. Recommended Action: It is recommended that the City Council approve the agreement between the City and the County for the adjustment of property tax transfers for the years 1989-90 through 1992-93, the repayment of property taxes owed due to the adjustments, the payment of an amount owed for interim services (April 18, 1989 through June 30, 1989) and the dismissal of the lawsuit filed by the City, in March, 1991. Requested by: City Manager 7. OLD BUSINESS: 7.1 TEMPORARY FUNDING OF LIBRARY SERVICES - TWO ADDITIONAL DAYS, FROM FEBRUARY 14, 1994 THROUGH JUNE 30, 1994 - Due to the shift in County revenues, the County Library District found it necessary to severely cut-back. In D.B., library branch service days were reduced from six per week to three per week. Recommended Action: It is recommended that the City Council allocate $70,000 for the funding of two additional days of D.B. Branch Library services from February 14, 1994 through June 30, 1994 ($60,000) and the purchase of media materials for the exclusive use of the D.B. Branch ($10,000). Requested by: Councilwoman Ansari 7.2 CONCEPTUAL APPROVAL OF AND CONTINUED ACTION REGARDING A BUSINESS RETENTION, ATTRACTION AND DEVELOPMENT PROGRAM - City Council, Chamber of Commerce representatives and interested business persons in the community have FEBRUARY 1, 1994 PAGE 6 expressed an interest in developing and participating in a Business Retention, Attraction and Development Program. Recommended Action: It is recommended that the City Council give conceptual approval to an outline and action plan for a Business Retention, Attraction and Development Program for improvement and promotion of business in Diamond Bar. Requested by: City Manager 8. NEW BUSINESS: 8.1 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. (Continued from January 18, 1994). Requested by: Mayor 8.2 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 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 activities related to the proposed IMRF. (Continued from January 18, 1994). Recommended Action: City Council Solid Waste Sub -committee 8.3 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 FEBRUARY 1, 1994 PAGE 7 Attorney services. (Continued from January 18, 1994). Requested by: Mayor 9. ANNOUNCEMENTS: 10. CLOSED SESSION: May convene to consider: Matters of pending Litigation (G.C. 54956.9). 11. ADJOURNMENT: CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Regular Meeting at the South Coast Air Quality Management District Auditorium, located at 21865 E. Copley Dr., Diamond Bar, California at 7:00 p.m. on Tuesday, February 1, 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 February 1, 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 28th day of January, 1994, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar 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, February 1, 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 February 1, 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 28th day of January, 1994, at Diamond Bar, California. da Burgess, Ci Clerk City of Diamond Bar VOLUNTARY REQUEST TO REGARDING ADDRESS THE CITY COIINCIL AGENDA ITEM NO._ DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I eXpect to address the Council on the s Council Minutes reflect my name and as object agenda item. address Please have the written above. NOTE: All persons Signature form is intended to massa t the meetia s J and address the City Council. to address the Council Mayor in ensurin names in the Minutes. are recognised and to 9 that all persons wishing ls ensure correct Spelling of VOLUNTARY REQUEST TO "GARDING AGENDA THE CITY COUNCIL NDA ITEM NO. 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DATE: TO: City Clerk FROM: ADDRESS: / ORGANIZATION: SUBJECT: I ex ect P to address the Council on Council Minutes reflect my namthe subject ect agenda item. Please have the and acid} - A a,�iWritten above. NOTE: Signa All persons 9 ure form is intended to may attend meetings and to address the Couo ssaist the Mayor address Y in ensurin the City Council. names in the recognized g that all This Minutes, and to ensure correct wishing spelling of VOLUNTARY REQUEST TO ADDRESS T8E CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to - ,_,• , �; - , ',5 ;" � Council Minutesreflect MY the f Council on the subject agenda item. ' y name and add7ss as Please have the ten above. NOTE: All atte Signature form is intended to ns massa t tnd he Mayor i to address the Council are q and address the City Council. recognised ndntorensureing acorrect s This names in the Minutes.t all persons wishing spelling of VOLUNTARY REQUEST TO ADDRESS TIM CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: ,y TO: City Clerk FROM: ADDRESS: ORGANIZATION: CG SUBJECT: 7�') 1� C :C _ I expect Q tt t Cd o address the Council on the subject Y name and agenda item. Please have the Council Minutes reflect Mess as written above. NOTE: All persons ma Signature form is intended to Y attend meetings and address the Cit to address the Counoilsis the Mayor in ensurin names g that allPersons Council' This in the Minutes. reCpgnised and to ensure correcswishing palling of 1. lYIINL1T29 OV Tg!! C=TY covrrcxs. REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 4, 1994 CALL TO ORDER: M/Werner called the meeting to order at 7:06 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 Papen. Councilman Miller was excused. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. CITY ATTORNEY UPDATE ON LITIGATION MATTERS: ICA/Montgomery reported on the following: Gross v. Miller; permit validations; report from Special Counsel, Rutan & Tucker, regarding campaign contributions. C/Papen questioned the determination made by ICA/Montgomery interpreting Ordinance No. 4 as being invalid to enact interim General Plan policies considered noncontroversial. She pointed out that two court decisions have upheld Ordinance No. 4, adopted by the City in 1992. She questioned the appro- priateness of allowing ICA/Montgomery to represent the City in this matter since he was the opposing attorney when the validity of Ordinance No. 4 was questioned in court. She then inquired how the City would benefit by applying for an extension at this time. ICA/Montgomery explained that Ordinance No. 4, which was adopted after the extension of the General Plan expired, was valid for only 45 days. The appropriate steps to obtain an extension on the ordinance were never taken. He stated that the recommended extension does not involve Ordinance No. 4, but extending adoption of the General Plan. C/Papen suggested that the City obtain a neutral, independent opinion on the issue of the General Plan and Ordinance No. 4. MPT/Harmony complimented ICA/Montgomery on his efforts to get the Office of Planning & Research (OPR) to consider giving D.B. an extension for approval of the General Plan. PRESENTATION FROM THE DIAMOND BAR LIONS CLUB: John Forbing and Steve Johnson presented the City with a check for $500 toward the cost of materials to build the stage for Concerts in the Parks. JANUARY 4, 1994 PAGE 2 2. PUBLIC COMMENTS: Marilyn Peters, 1769 Cliffbranch, representing Lorbeer Middle School, expressed concern with the decrease in library service in the City and its effect upon the education of students. Beverly Van Citters, 23933 Cougar Creek, member of Friends of the Library, concerned with the decrease in library services, suggested that the Council study the situation of the Library to find creative solutions to the problem, and to consider having a City -operated library. Gus Raza, 502 Dole Ct., expressed concern that a member of C/Miller's family may have tampered with recall signs. Joe McManus, 23561 Coyote Spgs., requested the termination of ICA/Montgomery. Kathleen McCarthy, 1630 Ano Nuevo, requested the Council to consider funding the Library for at least one additional day a week. Don Gravdahl, 23988 Minnequa, stated that the City should be paying ICA/Montgomery the $105/hour he indicated would be acceptable rather than $125/hour; he inquired into the status of the case involving Judge Mills and noted that Judge Mills is a general partner in JCC. He then expressed concern that it appears the City Attorney governs the City Council and the City. ICA/Montgomery, in response to Mr. Gravdahl, stated that the deposition from Judge Mills is on hold pending settlement discussions. Frank Williams, 9227 Haven Ave., St. 280, Rancho Cucamonga, Executive Officer for the Building Industry Assn. , stated that the So. Calif. Assn. of Governments (SCAG) will soon present cities with its proposed Regional Comprehension Plan (RCP), which is a blueprint to elevate local decisions to a new level of government with a new set of bureaucrats. He then expressed concern with the recent ruling made by ICA/ Montgomery invalidating Ordinance No. 4 and the costs and liability to be incurred by the City by this decision. He stated that the Ordinance should only be rescinded by a vote of the majority of the Council following a public hearing, noticing all affected parties. M/Werner explained that the City Council has not rescinded Ordinance No. 4. The Council is working toward resolving a concern that legal decisions made involving the General Plan were not based on strong enough foundation. C/Papen reiterated her request for the City Council to consider terminating the contract with ICA/Montgomery immediately. The City should have neutral, independent counsel representing the City. JANUARY 4, 1994 PAGE 3 Patricia Rinker, 21725 Birch Hill Dr., President of the D.B. Kiwanis, announced that the third annual baseball clinic will take place January 8, 1994 from 9:30 a.m. - 1:00 p.m. at the Recreation Hall at Lanterman Development Center. She then presented Mr. Hunt, the D.B. Library Manager, with a check for $950 to be used for the Library. Gillian Ray, 1717 Tiffany Place, Ontario, Librarian, stressed the importance of having a viable library in D.B. It is a right, not a privilege to have a fully funded, fully staffed and fully functional library. Wilbur Hunt, Manager of the D.B. Library, submitted a proposal to increase the hours of public service each week. C/Papen suggested that Library personnel negotiate with County Administration to establish a policy to allow the City access to the community room to hold fundraisers without paying for a County employee to be there. She then questioned the County's policy not to use volunteers because of liability risks. She suggested that the Council form a committee to work with the League of Cities and County Supervisors to change this policy so library hours can be extended with the use of volunteers. Mr. Hunt noted that volunteers are currently used on a regular basis at the library. Nick Anis, 1125 Bramford Ct., asked why there had not been a settlement with Judge Mills when the deposition was last week. He stated that the City needs an independent attorney that is not associated with lawsuits against the taxpayers and does not have a conflict of interest representing the City. He questioned why the General Plan is not going to ballot for a vote of the people as was promised by Council. He presented a copy of the Citizens To Protect Country Living's financial statement that appears to misrepresent a $1,000 funding source. He inquired why the police did not prosecute two of the individuals caught stealing his political signs. He then inquired if, per the City's Sign Ordinance, political signs could be posted 30 days prior to an election. CM/Belanger stated that the Sign Ordinance allows signs to be placed in the public right-of-way within 30 days of a special event. Nick Anis, referring to ICA/Montgomerys' legal advice invalid- ating Ordinance No. 4, pointed out that ICA/Montgomery has a financial benefit each time an individual uses the City because he is paid by the hour by the City. Dale Kerlin, 1647 Charnaugh, West.Covina, expressed concern that the City will lose the faith of the banking and business community due to the status of its permit process. He suggested that the Council immediately address the financial JANUARY 4, 1994 PAGE 4 effects of invalidating Ordinance No. 4 and reconsider the advice given by ICA/Montgomery. M/Werner indicated that the City is seeking other interim temporary measures that can be taken to provide permit applicants, such as Dr. Crowley, relief during this process of change. He stated that it is not the intent of the City to block development or in any way hinder the business community in Diamond Bar but to clear up the issues adopted by the City so there is a firm foundation when the City proceeds with development. C/Papen questioned why the seven property owners whose projects are affected by the decision to revoke Ordinance No. 4 have not been properly notified that their projects may be invalid. She then moved to fire ICA/Montgomery immediately. M/Werner directed staff to immediately notify all properties that are subject to the decision made regarding the status of Ordinance No. 4. C/Papen's motion died for lack of a second. MPT/Harmony pointed out that the City, which had been operating under legal advice of other attorneys on this, received notification from the State during that period that it was operating without a General Plan, that Ordinance No. 4 might be illegal and that Ordinance No. 4 was a unique urgency ordinance. Ronald J. Crowley, 110 E. Wilshire Ave., Ste. 300, stated that, because of ICA/Montgomery's decision invalidating Ordinance No. 4, his project, which was already approved by the City, must be delayed, affecting his ability to obtain funding. He noted that the courts had decided, in three different cases, that Ordinance No. 4 was valid when the issue was brought forth by Mr. Montgomery when he was representing the Citizens to Protect Country Living. He read a letter received from ICA/Montgomery, indicating that the Office of Planning & Research (OPR) had determined that Ordinance No. 4 does not meet statutory requirements for adoptions. Futher, he stated that OPR had written a letter indicating that they do not pass judgment on the Ordinance's validity or merit and that its validity is a decision of the courts. He requested that the Council make a decision if they are going to stand behind the legal advice of ICA/Montgomery or stand behind the approvals that have been processed. M/Werner concurred that it would be appropriate for the City to seek an independent opinion on the validity of Ordinance No. 4. C/Papen suggested that the City does not need to seek another independent opinion in light of the fact that three Superior Court judges have ruled Ordinance No. 4 valid. She then JANUARY 4, 1994 PAGE 5 suggested that the Council overrule ICA/Montgomery's legal opinion and rely on the courts' decisions that Ordinance No. 4 is valid, honoring all the approvals processed. MPT/Harmony and C/Ansari stated that they would prefer an independent legal opinion so there is no doubt on the issue. M/Werner noted that it is the consensus of the City Council to direct staff to seek an independent legal opinion on the matter. The City Council will call an emergency meeting once that opinion is received. Red Calkins, 240 Eagle Nest Dr., stated that the City should request a mediator to decide the merits of the General Plan so the City can move forward with its business. William Gross expressed support of the recall of C/Papen so the City can move forward with its business. Debbie Noyes, 21307 Bent Oak Rd., inquired why recall signs, which are political signs, are being allowed contrary to the Sign Ordinance. She suggested that the organization that continually posts signs should be fined a penalty. M/Werner informed Ms. Noyes that staff has been removing signs from public rights-of-way, in accordance with the Sign Ordinance. Tom Van Winkle pointed out that the Sign Ordinance is unclear as to the definition of political signs. He stated that citizens have a right to post signs on private property to express their opinions and state political messages. He then stated that it is healthy for the Council to have differing opinions. Oscar Law, 21511 Pathfinder Rd., expressed concern that the Sheriff's Department did not follow up on a misdemeanor commited by C/Miller's son. Sharon Butler suggested that organizations choose a representative to express their desires before the City Council in order to reduce the time taken during Public Comment. She then stated that the City should stand behind the approval given to Dr. Crowley's project. Don Schad, 1824 Shaded Wood Rd., requested that the Council reconsider the tree ordinance. He expressed support of ICA/Montgomery and his capabilities to represent the City. He then noted that the second referendum occurred because the previous Council majority chose to disregard revisions made to the General Plan. Frank Dursa noted that the $.35 cent trash fee was only to be used for educating the public on recycling of trash and thus cannot be used for library services, as was suggested by a JANUARY 4, 1994 PAGE 6 member of the public. He challenged the citizens of D.B., who are financially capable, to donate $100 to the library, as he plans to do. He then expressed support for the legal capabilities of ICA/Montgomery. Sharon Wilkins, resident of Chino Hills, stated that the directional sign to Chino Hills on the 57 freeway Grand Ave. exit is needed while the 71 freeway is under construction. All cities in this area are being impacted by traffic, particularly during this construction period. She suggested that D.B. and Chino Hills work to get along. She also suggested that D.B.consider an ordinance restricting all signs with other cities' names on it as a way to stop unwanted directional signs. Ken Anderson, Rising Star, stated that the Council should not have allowed citizens to abuse the Public Comment portion of the meeting. Also, the Council's response to comments made should not become a debate on issues raised. He then expressed concern that the City is not appropriately addressing the issue of recall signs. Mr. McManus read a copy of a court decision stating that, pending certification of a referendum election of Resolution No. 92-44 or adoption of a new General Plan by the City, Ordinance No. 4 shall continue in full force and effect. ICA/Montgomery explained that the statement "continue in full force and effect" was inserted by stipulation and the language is null if it was never in full force and effect.' Also, he pointed out that since a subsequent General Plan has been adopted, the Ordinance is invalid by its own language. M/Werner reiterated that the Council will be receiving an independent opinion on this matter for an equitable and quick resolution. 3. COUNCIL COMMENTS: C/Papen requested that, following the Council agenda, the meeting be adjourned in memory of Cameron Todd. She then made the following responses to comments made by the public: it is improbable that the revision process of the General Plan could occur within 90 days; there may not be funds available to assist the library if the trash fee is rescinded because money may have to be taken from the General Fund to pay for State solid waste mandates; the General Plan was revised appropriately and validated by OPR; another extension for the General Plan may not be granted by OPR; and recall signs posted on public property are not in conformance with the City's Sign Ordinance. M/Werner clarified that the State does not validate, certify or approve the procedure of the adoption of the General Plan. C/Ansari urged the community to get beyond the bickering and move forward to solve the problems faced by the City. JANUARY 4, 1994 PAGE 7 MPT/Harmony concurred to adjourn the meeting in memory of Cameron Todd. He stated that the City must work hard to revise the General Plan. He announced that there will be City officials sitting at tables at grocery stores on weekends to talk to people about complaints and perceived issues. He noted that debate is a healthy process for a City and it is important that the City follow a democratic process. He then stated that the City will be thorough in addressing the permit processes to stop the proposed City of Industry Material Recovery Facility (MRF). M/Werner suggested that staff schedule the following items for discussion at the next Council meeting, if possible: a Public Hearing on the General Plan extension; an analysis of the establishment of a cultural resources committee; pursuit of an economic development program; a recommendation on the issue of interim Library assistance and associated options; investiga- tion and reporting on using videography as a means of conducting City business outside of City offices, to be used as documentation for contract compliance and property management; and a recommendation on repealing the Uniform Building Code and readopting with specific inclusions of the same Property Maintenance Ordinance in existence at incorporation. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Planning Commission Meeting - January 10, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 4.2 Traffic & Transportation Commission - January 13, 1994 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.3 City Council Meeting - January 18, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.4 Public Workshop Concerning Development of Pantera Park - January 13, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 4.5 General Plan Advisory Committee Meeting - January 11, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Road. RECESS: M/Werner recessed the meeting at 11:15 p.m. RECONVENE: M/Werner reconvened the meeting at 11:25 p.m. 5. CONSENT CALENDAR: C/Papen stated she would abstain from voting on Item 7.2, Certificate of Examination - Referendum Petition. 5.1 APPROVAL OF MINUTES - Regular Meeting of December 7, 1993 - M/Werner noted stafffs correction to Page 13. MPT/Harmony moved, C/Ansari seconded to approve the Minutes as amended. With the following Roll Call vote, motion carried: JANUARY 4, 1994 C.2 AYES: NOES: ABSENT: PAGE 8 COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - Papen, Ansari, MPT/ Harmony, M/Werner None Miller 5.2 WARRANT REGISTER: Approve Warrant Register dated January 4, 1994 in the amount of $741,806.23. 5.3 TREASURER'S REPORT - Received & filed Treasurer's Report for Month of November 1993. 5.4 TRANSMITTAL OF FINAL AUDIT REPORTS FOR YEAR END JUNE 30, 1993 - Received & filed the Final Audit Reports as prepared by Thomas, Bigbie & Smith. 5.5 BOND EXONERATION - GRADING CASH BOND - 2743 ROCKY TRAIL - approved exoneration of the Grading Cash Bond in the amount of $1,206. 5.6 BOND EXONERATION - GRADING CASH SURETY BOND - 2521 BRAIDED MANE DR. - approved exoneration of the Grading Cash Surety Bond in the amount of $27,076. 5.7 CERTIFICATE OF EXAMINATION - REFERENDUM PETITION - received and filed the Certificate of Examination and accompanying signature verification report provided by the L.A. County Registrar-Recorder/County Clerk. (C/ Papen abstained from voting on this matter.) PUBLIC HEARINGS: 6.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT NO. 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 92-3; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 - continued from November 16, 1993. CM/Belanger reported that, as a result of the City's action to rescind the General Plan, the City is without basis for decision-making regarding the City's long-term physical development. He recommended that the project be tabled until the adoption of a new General Plan. M/Werner opened the Public Hearing. Max Maxwell suggested that the agenda include an easier to understand summary of all proposed projects. With no further testimony offered, M/Werner closed the Public Hearing. MPT/Harmony moved, C/Ansari seconded to table the South JANUARY 4, 1994 PAGE 9 Pointe Master Plan project until adoption of the General Plan and direct the City Attorney to identify the public's and City's legal rights as they relate to issues such as map restrictions. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/ Werner NOES: COUNCIL MEMBERS - Papen ABSENT: COUNCIL MEMBERS - Miller 6.2 CONSIDERATION OF RECISSION OF AB939 ADMINISTRATIVE FEE The City's integrated waste management activities are funded through assessment of an AB 939 Administrative Fee Of $0.35 per household per month, $6.00 per commercial account per month and $40.00 pre -containerized unit per month. Based on last year's figures, the City projects to raise approximately $78,000 in revenues this fiscal year to offset anticipated costs of administering the solid waste permit system and integrated waste management programs. On December 14, 1993, the City Council directed staff to evaluate the reasonableness and effectiveness of this fee. CM/Belanger recommended retention of the existing AB939 Administrative Fee, directing staff to explore possible funding alternatives as part of the 1994-95 budget process and development of recommendations for Council's consideration. In the alternative, staff could be directed to bring back recommendations to the Council at the City's mid -year budget review along with consideration of the Library issue. C/Papen stated that she requested a list of all the programs implemented by the City to meet State mandated goals in order to assist the Council in determining if it is appropriate to eliminate or reduce the fee. M/Werner stated that he had requested a review of the regulations that dictate the obligations of trash haulers wishing to do business in D.B. It has been indicated that the level of competition is decreasing because regulations drafted and adopted by the City are too restrictive and imposing. He stated that he had also requested that, in considering to redraft the regulations, a stipulation be inserted mandating the start of recycling for multiple family residences. CM/Belanger stated that staff will present information requested by C/Papen and M/Werner regarding the programs set forth in the SRRE and the recycling program for multiple family residences. He pointed out that the requirement of AB939 is not a competition -enhancing set of standards. JANUARY 4, 1994 PAGE 10 AA/Butzlaff reported that 59 programs are identified in the SRRE for implementation over the course of short- and long-term planning periods. Staff is working on a com- prehensive report to provide the City Council an update as to where the City stands with program implementation, what needs to be done through 1995 to insure compliance with the 24% diversion goals, and what needs to be done beyond 1995 to ensure complete compliance with the mandate of AB939. Michael Hulse, the City's Integrated Waste Management Coordinator, discussed the bases for determining the City's current diversion rate, the City's status with respect to compliance with AB939, what is slated for implementation in 1994, and specific actions required if the City is going to maintain compliance with State -mandated diversion goals, as outlined in the handout submitted to the Council. ACM/Usher stated that the reasoning behind the legislation is to reduce the amount of waste not recyclable, to reduce the environmental impact of the waste stream and reduce overfilling the fewer landfills in the State. The administrative fee is one way to pay for the programs that have been started as well as those to be prepared and established. He recommended that the Council not rescind the fee at this time and that the issue be studied in a very measured and responsible way through the budgetary process to determine if there are any other appropriate alternatives to fund the City's responsibilities under State law. C/Papen asked if the rubberized asphalt program and the utilization of used tires in street maintenance and repair programs was used for calculating the percentage of recycling. Mike Hulse stated that staff will provide the Council with a memo upon reviewing the initial study to determine what was originally calculated for the slurry seal. C/Papen suggested that staff also determine if the process of burning brush by the Fire Department was done in D.B. because it too can be calculated in the diversion rate since it is considered putting green waste back into the soil. She then inquired of the statement made regarding the discrepancy in the recordkeeping between the County and the City. Mr. Hulse explained that because one trash hauler may pick up trash from various cities, there is a discrepancy in the recordkeeping of what the County receives in their landfills and City documents being collected by the haulers. Staff will report back to the Council with an estimate of that discrepancy. JANUARY 4, 1994 PAGE 11 M/Werner inquired of the relationship between the $.35 cent monthly fee and its application to the programs listed. Mr. Hulse stated that the fee is used to pay the costs for the administrative functions associated with the programs, to work with the haulers to design a program that will work to meet the requirements of AB939, to assure that there is no charging and that everyone is being serviced. The basic rationale for the administra- tion fee is to ensure that the City meets the requirements of AB9391 which is ultimately the responsibility of the City. M/Werner opened the Public Hearing. Al Rumpilla, 23958 Golden Springs Dr., stated that the City's permit system has eliminated 8 of the 10 companies because the City has made doing business nonprofitable for them to service the area. He expressed concern that since the two companies now servicing D.B. have already bought the rights -of -ways with the train companies to ship trash by rail in the City of Industry, those companies, more so than the State, will dictate how D.B.. handles trash. He suggested that the permit system be kept, but that the administrative fee be eliminated to make the City more user-friendly for all trash companies. He also pointed out that the State will continuously keep changing the rules. Don Gravdahl, 23988 Minnequa, expressed concern that although 30% of D.B. is multi -family, they are not assessed the same fee and are not included in the recycling program. He suggested that the entire community be assessed equally, which would reduce the fee per household. Greg Arakelian, 634 Silver Valley Trail, pointed out that the SRRE may allow the City to have other companies recycle within the facilities other than the waste hauler. He suggested that the City look into AB440 before making a decision on the administration fee this evening. Barbara Beach-Courchesne requested clarification as to why 8 haulers have left the City. She asked what the City can do to competitively bring companies back, yet keep in compliance with the law. Tom Van Winkle suggested that there be some sort of educational program informing residents how to dispose of hazardous waste and large appliances. Max Maxwell concurred that there needs to be an improvement in educating the public on waste disposal. JANUARY 4, 1994 PAGE 12 He then stated that he was under the impression that the $.35 cent fee was to be used to educate the public, not necessarily for administrative functions. Dave Reynolds stated that Pep Boys will take used oils, and that there are hazardous waste roundups and mobile hazardous waste pickups throughout the year. He suggested that the variable diversion rate can be handled taking an agressive approach by implementing those programs that have been dormant, such as the green waste program, a City public information program and a program to expand to multi -family units. He pointed out that if the administrative fee is eliminated, the money will have to come from another source. Frank Dursa suggested that the City work toward getting more trash haulers to compete with the City so that monthly fees are kept to a minimum. With no further testimony offered, M/Werner closed the Public Hearing. C/Papen stated that having one trash hauler in the City, or dividing the City into sectors to allow for multiple companies, provides the following benefits: a reduction in noise pollution; a reduction in omissions pollutions; a decrease in the wear and tear on streets and an increase in public safety for children. She noted that the reason for the reduction in the amount of haulers in the community may be because they did not receive enough support from the community to make it worth their while to do business here. She then requested a report specifically indicating which programs have been implemented to see if the goals projected were under estimated or over estimated. She suggested that the Council consider transferring the responsibility of the integrated waste management fund to the Department of Public Works and Engineering as a way of reducing administrative costs. AA/Butzlaff, at the request of C/Papen, explained that residents are allowed to dispose of 4 qts. of used motor oil per month per household, using any plastic containers that are resealable and marked "waste" or "used motor oil," and set out at curbside during normal trash collection day. He reported that the City is hosting a Household Hazardous Roundup at the Gateway Corporate Center on March 24, 1994 between the hours of 9:00 a.m. and 3:00 p.m. He also reported that many charitable organizations will take large appliances. C/Papen stated that the Council still requires more information from staff in order to make a value judgement whether the fee should be reduced or eliminated. She stated that it is her opinion that, if residential rates JANUARY 4, 1994 PAGE 13 are reduced, commercial rates should also be reduced by the same rate. M/Werner noted that when the fee was first considered for implementation, he had suggested that it be deferred for 6 months to determine the actual costs of the program. He pointed out that with minimal program implementation diversion rates have been accomplished that exceed the thresholds imposed, thus indicating that it is preferable to deter the fees until costs have been incurred and a track record on program implementation has been established so the fee imposed is based upon actual costs. C/Ansari requested further information concerning the effectiveness of the program, the implementation of the 59 programs in the SRRE and what has been accomplished. She suggested that the matter be tabled to next month for the mid -year budget hearing to give staff further time to provide the Council with the information requested. MPT/Harmony expressed concern that this item was placed on the agenda because of concerns raised by the recall efforts of C/Papen and C/Miller. He then pointed out that the fee, which goes to pay for admistrative costs, was ill-advised when first brought up before the Council in December of 1990. He stated that a specific tax such as this should be levied for specific use. He concurred with staff's recommendation to table the item until the budget review period. C/Papen clarified that the fee is in a separate account designated for a specific use and reserved for the Integrated Waste Management Program. M/Werner noted that it is the consensus of the Council to table the matter to the February mid -year budget review. M/Werner inquired if it is the consensus of the Council to table the Landscape Assessment District No. 38 (LAD No. 38) issue to the February mid -year budget review as well. C/Papen suggested that, since many of the residents, now opposing LAD No. 38, were not part of LAD No. 38 until annexation by the City Council, the issue should go to ballot to decide whether or not those citizens want to be in the district. The district was formed to beautify all the entrances to the community and all major thorough- fares. She stated that she is willing to do whatever the residents in Area "A" desire regarding this issue. It was the consensus of the Council to continue this matter until such time as the mid -year budget review is discussed. JANUARY 4, 1994 PAGE 14 7. NEW BUSINESS: 7.1 CONSIDERATION OF DETACHMENT FROM LAD 38 - To determine whether or not the City should proceed with detachment of a portion of the City from city-wide Landscape Assessment District No. 38. C/Papen suggested that it may be more appropriate to table the matter to the annual hearing on Landscape District No. 38 in March of 1994 rather than the mid -year budget review. C/Ansari stated that perhaps those wishing to eliminate this District may prefer to gather a petition to place the issue on the ballot. M/Werner pointed out that the District provides public improvement benefits to the area. If there is an election, he suggested that it be for the entire District. He then stated that the matter should be deferred to the annual budget review in March. MPT/Harmony pointed out that if those approximate 1,loo parcels are removed from the District, there will be a shortfall of revenue which the rest of the District will have to make up. He noted that D.B. charges 13% for administrative fees to pay for an assessment district and the County traditionally only charges 8% and less. Though assessment districts are specific charges for specific services, he stated that it appears that some of the money is going toward the City"s General Fund. He concurred with tabling the matter until the annual hearing in March 1994 because the purpose of the annual hearing is to take all factors into consideration. M/Werner announced that the Council meeting will be going off the air any moment due to the late hour. C/Papen, explaining the formation of the District by the County, stated that the reason for districts is to improve the aesthetics of the community, which can result in an increase in property value by about 4% to 7%. She stated that, because of the concerns brought forward, it is time to review the issue. Jim Paul, 1269 Ahtena Dr., in opposition to LMD No. 38, objected to the suggestion in the staff report that if the District is disbanded, the money reverts back to the General Fund. He noted that citizens in Area "A" are not being represented by the Council. Many area residents have expressed concern that their mail is still not being delivered properly and that the City still needs to do more work in the area. He then questioned the reasoning behind revisiting the issue at this time. JANUARY 4, 1994 PAGE 15 Al Rumpilla explained the formation of the District, which differd with C/Papen's account. He concurred with the suggestion to place the matter on the ballot for the decision of the voters . He noted that the medians in his area were cemented in, despite the formation of the assessment district. He recalled that C/Papen had gone before the County requesting the assessment, despite the fact that the majority of the residents voted against it. Don Gravdahl concurred that Area "A" should be allowed to place the matter on the ballot and be reimbursed from the money paid into the district. Barbara Beach-Courchesne stated that she was unaware of the tax until recently. She clarified that the issue of the recall efforts is that a tax was passed without a vote of the people. Though the people of Area "A" do not object to doing their share to make the City beautiful, she inquired if Area "A" is being assessed more than the rest of the community for the same beautification of the City. She then questioned what exactly the City has done to beautify the City with the monies collected. Max Maxwell objected to issues being placed on the agenda to allow Council Members an opportunity to defend recall issues. Frank Dursa inquired how much surplus money is in the landscaping districts. He suggested that the tax be lowered in all the districts. CM/Belanger reported, as of November 1993, District No. 38 has $128,726; District No. 39 has $55,755 and District No. 41 has $92,495. Nick Anis noted that if it is agreed that the Landscape Districts are appropriate, then Council Members should not be subject to recall for acting on an issue deemed appropriate. He stated that, though he heard promises made during the circulation of the referendum to bring the General Plan for the "vote of the people," he would hope this issue is brought to ballot and not reneged at the last minute. Gary Neely pointed out that the State, which will have another deficit between $3 and $6 billion this year, will use cities to balance their budget. He suggested that perhaps the Council should not make a decision this evening, and reevaluate the issue during the annual assessment meetings. Don Schad concurred with Mr. Paul's comments that Area "A" does not appear to be given much consideration with the City in regard to improvements. JANUARY 4, 1994 PAGE 16 C/Papen stated that when she testified at Board of Supervisors hearings, she was representing a nine member board, the D.B. Homeowners Association. She pointed out that members of the City Council voted for the tax, and citizen complaints should be addressed to all members at that time. She concurred to defer this issue until the annual review in March 1994. CM/Belanger, in response to M/Werner, stated that staff will include information on surpluses and funding of capital projects relating to this matter in the staff report for the annual assessment proceedings. M/Werner noted that it is the consensus of the Council to defer the item until the annual assessment proceedings. It was the consensus of Council to contine this matter until discussion during the mid -year budget review. 7.2 AWARD OF CONTRACT FOR BUILDING AND SAFETY SERVICES - In October, the City concluded its relationship with a private consulting firm previously providing municipal building and safety services. Concurrent with the employment of an interim building and safety staff, the City prepared and distributed a Request for Proposal (RFP) to 15 consultant firms. Staff reviewed the 11 proposals received, conducted interviews with the 4 most qualified candidates, checked references and negotiated fees with most capable consultant team.. CDD/DeStefano, in response to C/Papen, explained that Exhibit "A" to the professional services agreement, is the City's request for proposal and Exhibit "B" to the professional services agreement is the consultantsf proposal. He stated that D & J Engineering, which is a relatively new firm, was created in late October of 1993. C/Papen stated that the terms "malpractice," "errors and omissions" and "professional liability" have different meanings with various insurance companies. Noting that the City,s insurance form specifically mentions "errors and omissions" but that the Certificate of Insurance submitted by D & J Engineers does not, she inquired if there is a difference in the fees paid with the terms used. She then noted that D & J Engineering is actually a reorganization of the interim compliance group servicing the City since October of 1993, which, to her understanding, was not to become permanent staff. She pointed out that one of the reasons the City hires outside consultants is because the smaller firms do not have the resources to provide all of the City's needs. C/Ansari requested an explanation as to what the certification of liability covers. JANUARY 4, 1994 PAGE 17 CDD/DeStefano explained that the RFP required that all companies proposing to provide the services meet the City's minimum standards of insurance coverage. Should the City Council choose to engage this consultant or any other consultant for services, staff would ensure that the proper amount and coverage for the various types of insurance required is in place before entering into the contract. He then suggested that the provider, D & J Engineering, speak to the issues regarding their firm. He explained that staff's recommendation to award a contract to D & J Engineering is based upon the perform- ance and experience of their staff members and their ability to provide the public with full time services at a lower cost. Dennis Tarango, principal of D & J Engineering, stated that, upon terminating their relationship with the consultant firm of Pacesetter, approached the City to provide interim services as needed. Their firm was not part of the Compliance Group as a partner, but as an employee/ employer relationship, which gave time for them to seek insurance groups to become a firm. He stated that the verbiage in the certificate of insurance will be changed as desired by the City. Joe Buzzone, principal of D & J Engineering, pointed out that though the firm is new, he has been in business with building and safety for thirty years and is a registered civil engineer. C/Ansari noted that the compensation fees proposed for 1993/94, as indicated in the permit review and plan review revenues, are higher than they would have been last year. CDD/DeStefano stated that, with respect to the cost revenue aspect of this contract, the net bottom line to the City is based upon the last couple of years of gross revenue received by the City and the payments made to the former provider. He stated that this new proposal, as presented, would create a net increase to the City of approximately $15,000 a year above what was already received after the City's additional costs are added into the formula. C/Papen inquired how an increase in fees, applications and plans being processed have been anticipated when the City no longer has a General Plan, and the City Attorney has deemed Ordinance No. 4 as invalid, thus eliminating any processing of applications. CM/Belanger stated that, based upon an analysis of the proposers' capabilities, there is no reason to believe at this time that the proposal is unreasonable. JANUARY 4, 1994 PAGE 18 MPT/Harmony expressed support for new business backed by solid experience and intelligence. He noted that the service currently provided has been excellent. Don Schad stated that Mr. Tarango's qualifications are excellent and recommended that the Council consider accepting D & J Engineering's contract. MPT/Harmony moved, C/Ansari seconded to award a contract to D & J Engineering for Building & Safety services with direction to staff to make certain "errors and omissions" are clarified in the Certificate of Insurance. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/ NOES: COUNCIL MEMBERS - Papenr ABSENT: COUNCIL MEMBERS - Miller 8. OLD BUSINESS: 8.1 STATUS OF GENERAL PLAN ADVISORY COMMITTEE (GPAC) APPOINTMENTS AND GENERAL PREPARATION PROCESS - M/Werner stated that each Councilmember had been asked to submit five names of people they would like to see participate on GPAC. He suggested that the GPAC also include two members from the Council, two members from each Commission (one being the chairman), major property owner representatives of properties subject to development in the future and anyone in the community to participate in the meetings. He recommended that the meetings be held every other Tuesday, alternating the week of the regularly scheduled Council meetings. C/Papen asked whether it was appropriate to have two members of the Planning Commission participate in the discussions at the GPAC level since the issue is to be brought before the Planning Commission for consideration. She also questioned if the presence of two Commissioners with Councilmembers would constitute a quorum in regard to the Brown Act. M/Werner stated that since all meetings are to be full agendized public and open meetings there should be no difficulties with the Brown Act or quorum provisions. CM/Belanger stated that a meeting with two Planning Commissioners and two Councilmembers would require the same noticing procedures as other meetings if a quorum was anticipated. M/Werner announced that the GPAC meetings will commence on Tuesday, January 11, 1994 and meet on alternating Tuesday nights of the City Council meetings, at Heritage Park Community Center at 7:00 p.m. JANUARY 4, 1994 PAGE 19 Max Maxwell expressed concern that the GPAC is not overly represented by landowners, and that the issues are discussed fairly, and decisions made equitably. Barbara Beach-Courchesne concurred that it is important to make sure that there is a fair balance of those represented. C/Papen stated that Planning Commissioners and Council Members attending the GPAC meetings should be non-voting since they vote on the document when the process is completed. M/Werner stated that it may be more appropriate to gather a consensus on the issues rather than a vote; therefore, both sides of the issue are identified and reported to the Planning Commission and City Council. ICA/Montgomery stated that there is no legal reason to prohibit commissioners from voting. It is likely that there will be floating majorities on each issue, rather than a consensus on the entire draft document. Tom Van Winkle stated that only those who are members of the community should be allowed to vote; however, it is important to consider all input given by a well represented group. MPT/Harmony suggested that only one member of each Commission attend the meetings since the new Councilmembers have not yet appointed their choices to the Commission. C/Papen pointed out that if a consensus cannot be reached on any issue, a vote will have to be taken. Max Maxwell stated that it is important that the Council prevent the GPAC meetings from becoming a debate of City and developers v. citizens. He concurred that a vote will have to be taken if a consensus is not reached; therefore, Planning Commissioners and developers should not be given an opportunity to vote. He then requested that all legal questions that arise be clarified by a qualified attorney. Following discussion, Council concurred that the GPAC should be composed of the following individuals: two members from each Commission; two members from the Council; five members appointed by each Councilmember; property owners, of which five should be appointed delegates from a coalition of the property owners. Eric Halien, School District Architect, offered his expertise to staff in developing a matrix scaling for input given from the public and analyzing that input in JANUARY 4, 1994 PAGE 20 a geometric way. Gary Neely pointed out that if a person cannot vote, then his opinion would hold less weight than someone appointed. M/Werner stated that a vote will only be taken if an issue arises where there is a need to have a clear settlement of an issue. Everyone's input will be given consideration. Barbara Beach-Courchesne emphasized the importance of having actual consensus on the issues presented. Following discussion, Council concurred that Councilmembers and Commissioners will have no voting privileges. It was agreed that each Council Member would turn in a list of names to staff as soon as possible. 9• ANNOUNCEMENTS: C/Papen stated that she will attend the Contract Cities Association annual legislative workshop scheduled January 18-20, 1994 if acceptable to the Council. There was no objection raised to C/Papen's desire to attend the workshop. C/Papen requested the Council to reverse their decision made three weeks before and instruct the special counsel on the D.B. Associates v. City case to reschedule the deposition of Cecil Mills as soon as possible. ICA/Montgomery reported that a second meeting is scheduled for January 13, 1994 to discuss settlement. The decision of the deposition is up to the special counsel. C/Ansari requested the community to be kind to the library. MPT/Harmony requested clarification as to ICA/Montgomery's role to the City Council. ICA/Montgomery stated that a City Attorney, by statute and case law, represents the City through the City Council on matters affecting the City. Any documentation received would be turned over to the City Clerk for public record. MPT/Harmony requested ICA/Montgomery to contract Mr. Arczynski requesting him to return the documents from C/Miller on the sale of the RnP property. ICA/Montgomery reported that a resident filed a document request for that particular document. That request had been forwarded to the City Clerk. JANUARY 4, 1994 PAGE 21 9. CLOSED SESSION: May convene to consider: Matters of pending Litigation (G.C. 54956.9). ICA/Montgomery reported that no Closed Session would be held this evening. C/Papen stated that she was under the impression that there was to be discussion during Closed session on assigning two lawsuits. ICA/Montgomery explained that a Closed Session is not needed to assign a case to another counsel unless the relative merits of the other law firms are to be discussed. Following discussion, CM/Belanger stated that, per Council's direction, staff would contact special counsel, Rutan and Tucker, to handle the two law suits. 10. ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting at 3:25 a.m. to January 18, 1994 at 7:00 p.m. in memory of Cameron Todd. ATTEST: Mayor LYNDA BURGESS, City Clerk I N T E R O F F I C E M E M O R A N D U M TO: Mayor Pro Tem Harmony and Council Member Ansari FROM: Linda G. Magnuson`r Accounting Manager SUBJECT: Voucher Register, February 1, 1994 DATE: January 27, 1994 Attached is the Voucher Register dated February 1, 1994. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated February 1, 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 $601,395.74 118 Air Quality Improvement Fund 2,030.66 125 CDBG Fund 512.14 227 Traffic Mitigation Fee Fund 21,069.40 250 CIP Fund 18,402.87 TOTAL ALL FUNDS $643,410.81 APPROVED BY: J� Linda G. Ma on Accounting Manager City Manager Mayor Pro Tem Eileen R. Ansari Council Member % 01 ...NT BATIN 4,I,; -P T ilfs- ! 2P 7 car. �Crace 08- �n F!i 7 -T r, -:T+. I FS 7 L lion? Svc T n; T,�' F NDDR 2 6. 0 2 Stipp' �L2S-4jj; JOT ?rTA, INUE VL ENKR Lu P -12 01 'onrd 01116 12- 33 �0 4L DUE' 14F,!5QR 2 2 4"" 1 7 53 DUE V F N ru R 2,j ISO 7, J: �e i7'd D 5 'Jzv R, ukq T MF 9 N': N T T4X-Nf,' PATCH PO.L TIN'E jNC' :M' :NT . . . . .. . . . . . . . aa;tFjpst 10 Krieger 3554-y: - Er ! 4M7 " "� BOVE Ldtisar B r e , I-. , EErffla; ne 001-31;'2 "Inc L L_ W2VP W .3 lu I ;a 26 I 1,0201A A, -'L ­;�" , _-, 4 e. � i 0' 1-116 01� 'V . !:j . : 0.1 1 "1 1 2 i A I �14 11; ',­"�)l . L , - T11,rA:L — Jil-. Ap 7 Mr. . ersh, p- Bar i0w "k 3-5-Bar"cw J U . .......... Ij .LSE 41-,'J:DruR VEIDIR ID, CH p0l.—d. BATCH h, -k: +"IR t L4 4 Ias J li� , - N:or� v " P - � z - r0l, 3 1!P Ki,�, -5711, —rL� f, , 1 3 , )j7 ymi= —!72FS-, tly7rnt 7i.74 t u 71, -4 12 870 69 02111194 04402.14 S P RR E F -A I D a 4 0 1.1 N 12.7 .8 7 0 6 9 --- 8.39.44 Rildc&S'Alltv Str-12i"24- 11"T 3, lia.AA Plan :ii q r7 TH KNIGIR 932. AA .42. 03 C -7, G, F rl c7rvi SE.1'e5 Fir Plar J.22 34.25 9.M8 4 1 1 Vlfir! i.i NAM7 VENDPR r,K'J,TX-NO PATCH li -P I 17 7 - Al + A') -I - ll- 3 1 i� - 1. QV -425-0-120,0 i c 71,1 FIACredill`17 2 4211E 4s01- !113�14325 120x, rq 7 U t t 2u K P= Tp -p 4 1-- VTIJIN I I ? 6 d "ll"' ll� i r, '; j, I . i i L'. z . r '17E 1-1T.MOR .1 . -a T,l j nin'PAT: JE 520 , P VN1194 L 2 9 NAME VENDCR ID, P,!', T7 X V PATCH 4 2) I^a -j.] 4 - an �Ij III EN Ti G 5 + -1 r p �,Gpe Svc;- Ple- i f age VENDU K ;26 �,Ni "One Svc ZS f: _aware Cc 7i IITAI VENDOR =3.$4 �','26 KIII ,Lone _'Vrq _Bldg SajFry DU T VENIMP 2K, 56 x:126 KIC V F ;N'i,% L' R 20 7 7 C, a 0112.1 021C ma""um on ine ?5„b T T I AL Srainaer 2 42419 05il 46 APE, 42i1i noicap ;:Cps TATA' r..i + 4 1 '2 6 2 3 t TY -V BATCH AM -5 J'M T I Di� �vc 7 4 Kci 40plil L 42SIC Oo I S- to-;! 4-7 4 Jan Caie-N7 Mile: f s I t. 1) LICE VFNEUR oO h i -;26 a2/8i PTIg Citiat;cns-Dec L N T� 1 DIV LlW;'E VE N D 0 1'4 -4:l1: 4`6 0 2 6 94 ilirc 4a.)4 -era Part '!27 ;V[5 281;9S:.16 C"M Pub Y,r.g �l i2L 02 2 7 rub 'i, -c -Rcr. Plan E4'+ -7 -3 LLt -22,2:1 1 2 "IT 41 IOUIE VFIqDllp 326.44 7— 32f,4 oi !�,Lk Kl!ii wm 'lr55a 33uard Svcs-N�c I Di� �vc 7 4 Kci 40plil L 42SIC Oo I S- to-;! D' E VFNNR Jan Caie-N7 Mile: f s I t. 1) LICE VFNEUR oO h i -;26 a2/8i PTIg Citiat;cns-Dec ?71 3r LlW;'E VE N D 0 1'4 -------- 'b 74 2 i '!27 ;V[5 281;9S:.16 '':'AL DUE VNDOR �l i2L 02 LLt -22,2:1 1 2 730E- 326.44 32f,4 T!ME' I :49 01!W194 VENDOR NAME VENDOR :j, t P,-,. "X -XC BATCH Pa.' T�iF 'J.n, ca y1+;''*„ -P T 717 .................. . A I . ["gonty putl:c 40ris ! 4cp.tti +901 4555-5 87 1 412010 2 4@,20-',L- +991-4;55-5506 1 40291" 9 +091-4555-5506 ?2A.C. fOAi 4555-5581: 4 402010 +091-,555-5519 2 4'02810 D., 1 4n20'' *001- 4rll-S304 2 4 41A ' C M1-4555-5502 2 42010 f901-4555-5502 81 a4N.}9AA6�55 5.yni- M;Tj ing Maiqt f091-;555-5596 1 4`^291r K"p,4 ql-"i,400160- ma:'t 13'.5? 76 f,2 :-iyeTrlS C.." fv Lit league of C.. Ci'ies L-agoe os Anulec "ountv 4 41212E {881 1+059-2315 148211E ? 41201E '250-4519-6412 0094 2 '4,NID Nplipo E IFNI ?;%-. N 2 Lu 42.99 I'lF VFAMR 66 KII i r7 Ilp al- h i d 21«'.08 0/01:`94 886021438 2le, In 0.89 - 93.73 1 QI � 73 � I 19. A8 «i21; al 1;94 0000021.411 iA.?8 c2!01-94 'n'99892:441 19.8e! 02!01194 008882`_441 54.09 0.00 9 7 71'2'. N7,'8'_ I D., A An Li ;5 Ell82 81 a4N.}9AA6�55 5.yni- M;Tj ing Maiqt 732 21 !26 K"p,4 ql-"i,400160- ma:'t 13'.5? 76 82'81 340046?57 dater :t 0210- MElil S ;;'ib PLMLI-SYCWAI�E S4 26 76 02;'81 9488N986G6,9 er 1; l 382.89 1; L. v2 81 94890006n62 QJad ^aat til .901 '- J n t 1.951.2 _2 6 2/ 1 040"M6960 Slidev;ik ��8-,nt 1 55.11 1 26"+921}i 341`•f i�0A,6964 i�znc� Zol---71 2 ; I t 1.96S.31 Drain 1-41t �A . 917,61 tl 0214 9LWh386'166 In GiE,LE Svrs 's. 27.6A E IFNI ?;%-. N 2 Lu 42.99 I'lF VFAMR 66 KII i r7 Ilp al- h i d 21«'.08 0/01:`94 886021438 2le, In 0.89 - 93.73 1 QI � 73 � I 19. A8 «i21; al 1;94 0000021.411 iA.?8 c2!01-94 'n'99892:441 19.8e! 02!01194 008882`_441 54.09 0.00 i� 45 7, q4 - - - - - - - - 14 1y 1ki 5 ATCH PO . L PAT _37!_.39 ? i'!! ;4 1 Ll 3 r r. i S c r s e i @ 1 9 4 0 1: 2 en go r., S; 32 02!!1!94 OA",2 i; 39 5.53'.83 DLI:F FiATIR f to I -M-231 402 1 6 02 '01, 9 6 5 82:1.1v1 4k112. 26 6 OVA! KA119687; .48 f OA 1 - -a- 2e 31 4o ?0 2,_. 02:41, �,'P 9 67 3 2 it r it. Rer A S3 I 2 6 o2i@1 cg r.l... P-26 . 17 i '1 3 410-23 1-0 K115376280 �'8. 11,55 0 I K' . 596401 FuP7 :^a i9, 21 1 090 - 23 101 42KIL' 26 02x01 k.:596464 - ,E , - 5o, v t rupl-S N. 34 #A1 43.r-2310 S @2 191 ;15764755 17 up -]r4 KAN +991-4310-23'0 3 4:}? f 41 ;26 02 01 KV9243t RFr 90 0202662 14, P.�A 1 A 2:;� 2 �A Q291B_�l 7 T-11 37,4 2 2 6 0896571 , e d, ' " p M i i -1, t - C Ca it n.- i C T"IM"41- `jT �)ENDGR 40281E C}?;8'iµ4 9009921+5 4 7 1 -0 :, N. _. - 41� �.m - �_ H I.nrr 7711 'A D U E V Pq t) R 77 771L .0 in; 1 2 IT7 MmJ 2 7, N In 4C4 r. Mt .1 9; Mt_ - 4, T 7 VENDOR NAME VENDOR ID. PROJ.TX-NO BATCH"1 71 7 6 2 , -nATr J1 - Kill I0 '62.1 *118-038420S 'e. 4@2@ID ,""f5v-S arod Sr,:'tw;rz 77 ; DUE 4F 2 -12 pavroll 02/01!91+ Ot4WNnj VFINIIIIR Robert 001-3472 4 6 2 1 Ppi E 'IEN"-p industrial °C -.',r I.A201D 211"26 42,11 PrE T -I p Fr. t 3,4 t C,'26 02/01 r S 1 77, 0 7—�!- "z"CE VENTIR In polora SG!Ifh wes;, pamsthW bITf 1W to TLOT 4' 140.04 FCr Success prog%rs6c RAI -11210 0 4 4MII -ET 450.00 0A P 1 E a ppi - 1 2 11 Ad - I 4 4 - 7 1» 4 'W-1 701.11� Y L a.AT PRO,' Tl-\T BATIN 7O.LjNE14O. . . . . .. . . . . . . . . . . . 2� t, ?3 0 0 TIIT.�! p'tEpAJD I 'P.TA! DILE VFNn r :1 ij r 2 5 4fKki., 91/26 02/41 39vt4l26 Ad-Pub Hrg-laptpra Pari }'_?5-+215-%1.5 2w 7 0291 cgvt4177. -Ad - P jh !ir c -rDBG 56.114 K126 02/01 sgvt4152 Ad-Put Hrg-GE-i Plan 6a,77 'CITA' LE IvE,003 L ?H,97 'A W"09S-211A KIC Badges for 2,101i94 A000.21i,90 74,4A 4Tt I1 74, 46 C T A DUE YFIIDqR oa-,"2n 01;'426 02/C 31066 Prof S y c s -St r iL I? P L.v S or" 9]2,1;' +25' L^ y iA 5412 4994 41126 421011 310712 Prof Svc;-Tri:-- Sig:il P311 TOTAL Dlic, VINDC-R --------- r Sued. SirSpeedy {901 X54?9 2119 4'291D 91/26 02/01 1325I S6,35 4201D 11/26 VIC 113r.4 Statiorary Supciles 61.65 VE"DOR SCPC 4 WOEK/27 31-A5 AL 'STA` DLT V F 3.9 TOTA' N'C V!741'nR - L 'j- IN T J E vFNrCR !r—n! NT T n tX-NC PATICH Pjj.lL!,qEAo, ---- -- --------- uc-i 0 14 3Awav 4 1j 1i 0 W - o c a 71 1 7TIL NT VENDOR '26 KJil Long Dist "Ihne lics2 5- .94 TYAL DUE VENDOR -------- '? 2 postar-i4aviq unit 6 9 7& 92jiql!94 "402`43' PIUAILD AMOUNT 0,16? VEND19R 91.26 42/01 324,7648 Re. 1x.25 TOT A!, Ii,E VENDOR ------ - 19.15 '26 2rQ1 F—lb Irfils-U Co+31 35,+,119 'CTA'- DUE VENDOR 54 , 49 91�2b G2�`Q1a,:.idai'lisuai Svcs 1114 ;. 'm�TAL DUE VENDOR TCTJ( PRE PAT D L I —TA, 00,q T 7 2 W 7 7 S, pIn.5��E •. � t �ji-, TOTAL DIRECT ........... REVENUE to I General F!jnc 601,395.74 49,845,4 '18 Air Quality Ilp 21030.66 727 Traffic Imit. Fec 21,06-9.44 F; nd 18,402.07 2 069.1-1 ........... . CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 6.3 TO: Honorable Mayor and City Council MEETING DATE: February 1, 1994 REPORT DATE: January 19, 1994 FROM: Linda G. Magnusonq Accounting Manager TITLE: Treasurer's Report - December 31, 1993 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of December 1993. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Spec. (on file in City Clerk's Office) Ordinances(s) _ Other Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: MJ Terrence L. Banger rank M. Ush r ' Li da G. Va#nuson City Manager 61 Assistant City Manager Accounting manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 1, 1994 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - December 31, 1993 ISSUE STATEMENT: Per City policy, the Finance department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the December, 1993 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for Council's review and approval is the Treasurer's Statement for the month of December 1993. This statement shows the cash balances for the various funds, with a breakdown of bank account balances and investment account balances. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT December 31, 1993 GENERAL FUND $4,323,642.64 $997,932.74 $873,167.01 $285,486.06 $4,733,894.43 TRAFFIC SAFETY FUND 53,017.78 7,578.99 (53,017.78) 7,578.99 GAS TAX FUND 2,926,663.13 197,700.40 1,992.72 (422,268.39) 2,700,102.42 TRANSIT TX (PROP A) FD 628,328.65 47,181.00 2,734.07 672,775.58 TRANSIT TX (PROP C) FD 1,025,770.38 38,645.00 1,064,415.38 INTEGRATED WASTE MGT FD 25,208.07 10,462.00 4,055.38 31,614.69 AIR QUALITY IMPRVMNT FD 33,995.67 14,823.59 1,564.40 47,254.86 STATE PARK GRANT FUND (40,000.00) 40,000.00 0.00 PARK FEES FUND 190,224.76 190,224.76 S PARKS GRANT (PRP A) FD (2,461.76) (2,461.78) COM DEV BLOCK GRANT FC (16,979.32) 4,711.95 (2,450.00) (24,141.27) LANDSCAPE DIST #38 FD 128,726.21 102,486.00 28,612.35 202,599.86 LANDSCAPE DIST #39 FD 55,755.29 36,661.80 19,089.51 73,327.58 LANDSCAPE DIST #41 FD 92,495.01 48,862.80 10,800.28. 130,557.53 GRAND AV CONST FUND 429,661.10 3,475.02 426,186.08 TRAFFIC MITIGATION FEE FD 232,972.50 272,239.75 39,267.25 0.00 CAP IMPROVEMENT PRJ FD (18,938.75) 102,395.00 136,505.89 155,444.64 102,395.00 SB 821 FUND 157,921.53 157,921.53 SELF INSURANCE FUND 380,761.00 380,761.00 TOTALS $10,609,225.65 $1,644,729.32 $1,358,948.33 $0.00 $10,895,008.64 SUMMARY OF CASH: DEMAND DEPOSITS: INVESTMENTS: GENERAL ACCOUNT $401,341.00 PAYROLL ACCOUNT 11,584.60 CHANGE FUND 100.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 L.A.I.F. 10,481,481.04 TOTAL INVESTMENTS $413,525.60 10, 481, 481.04 TOTAL CASH $10,895,006.64 CARL WARREN & CO. Insurance Adjusters Claims Admmstuuus PA. Soot 25180 Santa Ana, CA 02790 -SM (714) 740.7900 FAX: (714) 7404902 TO: City of Diamond Bar Attention: Linda Burgess, CMC Re: Claim: Post -1t" brand fax transmittal memo X71 r of pages ► IT*-T"b4x1J1 '. 'T"j-J, Date: Dec. 6. 1993 Claimant: John M. Davis D/Event: 11-2-93 Recd Y/Office: 11-18-93 Our File: S 75600 AB We have reviewed the above captioned claim and request that you take the action indicated below: JEii CLAIM REJECTION: Send a standard rejection letter to the claimant. j� CLAIM INSUFFICIENCY: In accordance with the telephone conversation or 19 , a notice of insufficiency must be mailed to the claimant no later than , 19" THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 -DAYS OF RECEIPT OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and/or 91-0.2 and/or 910.4. t] AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, rejecting this additional/amended claim. 1� LATE CLAIM RESPONSE: Return the original claim material to the claimant, a vising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late C aim". See Government Code Section 911.8. [] TAKE NO ACTION: Defer any written response to the claimant pending our urther advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions, please contact the undersigned. This supersedes ours of Very truly yours, 11-22-93 cc: SCJPIA CARL WARREN 6 COMPANY cc: City of Diamond Bar (Adjuster TO PERSON OR PROPERTY INSTRUCTIONS I. Claims for death, injury to person or to personal property must be filed not later than 6 r+os. after the occurrence. (Gov. Code Sec. 911.2) _ ., 2. Claims for damages to real property must be filed not later than 1 year after4e - occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) To: The City of Diamond Bar Name of Claimant � Home Address of Cla' ant 1 � City and State `1o/c� ami'ni rr btda(ekb Business Address c4 Claimant � ` Ci y nd State LfC'7� G1'l. i S7- 1�I✓QhSr6e 'Ci' ti- -t.all- V Give adddree�ss to which you � desire notices or communications to sent regarding this claim. o �Ijf How did DAMAGE or JURY occur? Give full particulars. -�- w 6S a� r J , Al .n om C. -d 1. � slf I� w 6 r � 9,' -1 8 Lv0 givyJ ,Q �dr� C.-00-) �0A5- c t A rIX/ G t� ��t L 5, c� e dF7VL . 't "b�e 4�e u1',er-e use, e6 �� �c�2r�' t�f� ;nA-�: k /'A/ f�� tih H � � No pl Cx,'ve 1 vu5,'�t1� `'M - ti�i✓2 ybePn re�?ovex as -tLe�l cvw,�z A- �Y9� 1H y o�l.e OF rtj e„h T- k pe t,'. r y s, p e w„�bd u/Cw ,ck q (-se tiP9D r.�Ytr�r �-�>V'DB-u: AAs til,-�f�rE�atiA hie °M b� repcycea, When did DAMAGE or INJURY occur? Give full particulars date, time of day: T -r �' o4s �8o w7` �'s� �¢- �1 ©N sok ll -a -� �. 3e,� EA--t-t— o� y� c+r �F��'c� �s Aute �� �►�4C ��d'c r4 ✓� �� A! �-/9�`f” L� r 1�-G. Y�(( wo �� G � eu,' u� 1� i t� .('.`�,iii7`ib e�✓C ,K w���c�aa. Z Where did DAMAGE r INJURY occur? Describe fully, nd locate on diagram on reverse side of this sheet, where aDpfo� ave 1'-0Qa street names and addresses and measurements from landmarks: l.y,2 e rr,'wt two?rkC�e� ���s�ti ” S Cofk'cro��'o�Dfus�A� D� �L"A, �� ���- w��s h��t�,N� ��es�I�c�ti���,V6ot.Dt-uS��s�y�w� �-a,Bl✓�- What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or .amage, if known: L)As beD K1 t ' � 6 UA What DAIvL4GE or INJURIES'_ 'you claim resulted? 6 ro k CAI C k GcJ 4 - Age of Claim t (if natural person) Telephone Number Bus#wm Telephone Number Give full extent of injuries or damages claimed: What AMOUNT do you claim on account of each item of injury or damage as of da of presentation of this claim, giving basis of computation: Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: /tv4k o a7�,�c rc ire w•w�d� e SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, and narnes of insurance Compa-ly: Expenditures made on account or accident or, r., . (Date —item) ` � Y j-,'� / 4 Name and address of Witnesses, Doctors and Hospitals: C-� Y- +(C i-" iX ai/;i/J� (An .oLnt) -�.c�, READ CAREFULLY '/ For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by 'B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS 7 FOR OTHER ACCIDENTS K Signature of Claimant or per filing on hi alf giving Typed Name: relationship to Cla' Date If fll6/� 3 MUST BE F LED WITH CITY CLERK (GOV. CODE SEC. 915x). UENERAL OFFICES: B.A.R. �AO.BOX, 0366 CONTINENTAL #A°;2 9 400 (213) 628-4317 CLASS S 41l u SERVICE "GLASS REPLACED WHEREVER CAR IS PARKED" AUTO and TRUCK GLASS For Prompt Delivery and Installation Check our Nearest Shop Customers Order No. Date ZZ 19 M_ "1y Customer # Address �s Installer # DESCRIPTION AMOUNT LOCAMONs D 5 LOS ANGELES 1220 EAST 7th STREET CA 90021 (213) 028-4271 RUNTINGTON PARK 6930 SANTA FE AVE. CA 90260 (213) 583-4801 RIVERSIDE 5339 MISSION BLVD CA 92609 (714) 883-8283 10549 SAN FER81AM80 On CA 81331 (818) N7-2817 SANTA ANA 1117 S0. MABM STREET CA 82787 , • (714) N7-1202 POAA�A 1Ni E. MI08NN!!YDLE i CA 817M (714) 620-75M i K► - V i INVOICE All claims PH 09629Received 11010011M. RA 0 0 SOLAR TINT Montclair: 5436 Holt Blvd. A-8 GLASS TINTING Montclair, CA 91763 (909) 626-1276 \ J FOR AUTOS and BUILDINGS PURCHASER, `� `�` L�1 �� AGE: PHONEK7�! a ?"/l- f �S ADDRESS _ CITY STATE ZIP LEGALLY RESPONSIBLE PERSON: AGE: PHONE: ADDRESS _ CITY STATE ZIP DESCRIPTION OF WORK: AUTO O BUILDING O FOR AUTO USE �O�NLY: �3 9 MAKE/YEAR:. k, 1) `>U MODEL:. Ur�yi _ COLOR: PLATE NO DESCRIPTION/NO.OF WINDOWS: �^ / COMMENT: _ FOR BUILDING USE ONLY: ADDRESS: — WINDOW SIZE: NO. OF WINDOWS: SQUARE FOOT: DESCRIPTION OF WINDOW FRAME:_ TOTAL NO. TOTAL WINDOWS SQ FT. COMMENT: PRODUCT DESIGNATION: LIFETIME GUARANTEE AGAINST PEELING, CRACKING AND BUBBLING 4 HOW DID YOU HEAR ABOUT US? REFERRAL O COWANY SIGN O COMPANY TRUCK O FLYERS10 OTHERS FORM OF PAYMENT: TOTAL COST: CASH O n :"1D MASTERCARD O AMERICAN EXPRESS O CHECK CREDIT CARD NO: EXPIRATION DATFL SOLAR SCREEN GLASS TINTING RELEASE DATE:�/I� I the undersigned aeeume kA raapoMlbMlly for any action whits may be taken by the (PRINT FULL NAME CLEARLY) State of CalMomia Motor Vehicle Depsrtntent regarding any Uniting performs., on this vehble I am fuNy aware of cWonft rules and regulations concerning tinting ofmotawhklewindows. (I&-IMegalfaranytlntorojsot ruetvWoninsnywayforssNmeMrWoWlepneto relieve Solar limen Glave Tinting of ALL NeWIMlea (N a mMtor) SIGMTURE of PAWff or LEG& ����CARL WARREN & CO. Insurance Adjusters Claims Administrators P.O. Box 25180 Santa Ana, CA 92799-5180 (714) 740-7999 FAX: (714) 740-7992 TO: City of Diamond Bar Attention: Lynda Burgess, CMC "P r I - L Date: January 25, 1994 Re: Claim: Claimant: Joseph Lopez D/Event: 1-7-93 Rec'd Y/Office: 1-14-94 Our File: S 79315 AB We have reviewed the above captioned claim and request that you take the action indicated below: III CLAIM REJECTION: Send a standard rejection letter to the claimant. E:J CLAIM INSUFFICIENCY: In accordance with the telephone conversation of , 19 , a notice of insufficiency must be mailed to the claimant no later than 19THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT •OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and/or 910.2 and or 910.4. AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, rejecting this additional/amended claim. LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim", (Retain copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. 0 APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim". See Government Code Section 911.8. [� TAKE NO ACTION: Defer any written response to the claimant pending our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions, please contact the undersigned. Per my conversation with Ms. Nice today, this supersedes ours of 1-24-94. cc: SCJPIA Very truly yours, CARL WARREN & COMPANY (Adjuster) \. v.., ♦ a , Y , , V , ♦ r , �, , 4 r % V 6..d TO PERSON OR PROPERTY INSTRL;CTIOtiS Claims for death, injury to person or to personal property must be filed not later than c ^,os. after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than I year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. Th;s claim form must be signed or. page 2 at bottom. 'S. Attach separate sheets, if recessa:y, to give full details. SIGN EACH SHEET, 7. C:ate must be filed with City Clerk. iGov. Code Sec. 915a) The City of Diamold Bar ..arae of Maimant Jos E Home Address of Clairnant City and State P -0 -Box 1165 Fullerton, CA 92632 Business Address of Claimant City and State wive aaaress to wntcn you aesire notices or communications to be sent regarding this claim: County Of Los Angeles Sheriff's Department 1 2169 Valley B1 71al.nut., CA How did DAMAGE or INJURY occur? Give full particulars. False Imprisonment nen ata DAMAGE or INJURY occur? Give full particulars, date, time of day: 1-07-1992 r 94 J,y 14 P11 4: 32 Age of Claimant fit natural perscn) 38 Home Telephone Number 4' (71W879-3735 Business Telephone Number Where did DAMAGE or INJURY occur? Describe fully, and locate on diagrath on reverse side of this sheet, where appropriate, g;%e street names. and addresses and measurements from landmarks: 444 Cover Wagon Daimond Bar, CA 91765 -hat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the urage, if known: What DA1L?GE cr INJL;RIES do you claim resulted? Give full extent of injuries or damages claimed. General and Punitive damages,and cost of suit %`:fiat AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving b,, coa;putation: e ESTIMATED A\fOUtiT as far as known you claim on account of each item of prospective injury or damage, giving coc:putauon. PAS:_. 2 71::; CLAIM b`.1;37 13E SIGNED ON REVE"'.- C, mpany: Exper, :tore mace un account of sccident or Injury: (Date —It=) ."alne and address of Witnesses. Doctors and Hospitals: READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate Place o: accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle «hen you first saw City vehicle; location of City vehicle at time of accident by "A•1" and location of you.self or your vehicle at the time of the accident by •'B-1" and the point of impact by 'X." NOTE: If diagrams beiow do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS L / L I L I - --------------------------- FOR OTHER ACCIDENTS PA KWAY CURB SIDEWALK Signature of Claimant or person filing on his behalf relationship to Claimant:— giving 7Yped Name: Joseph Lopez 1D 1t5-199 ' 7'` T 91' FI7 D 4Tr 'Ii —Ty CjrT? ( (C; -V- C` )T,,E STC. ')15a). _.71 P 1'_ `pL C=� PICT TATE ALIFnIF, ti!A THE �'Er, PLE THE "TATE �-,� �_TF'-'P;T�Tt °la int iff JOSEPH MAPIUEL '_ JPEZ ndant(Si The undersigned is inform -d and helieves tha`: COUNT 1 Case No AMENDED MISDEMEANOR COMPLAINT On or ahout _lanuar-: 7.043, in 'he ?bove named Judicial District, the crime of UNAUTHORIZED ENTRY OP A DHELLTN� HOUSE. in violation of PENAL CODE SECTION 602.5. a Misdemeanor. ras committed by JOSEPH MANUEL LOPEZ, who was a person other than a public cLficer and employee acting •,,ithin the course and scope of his/her employment in perfnrmance of a duty imposed by law, who did willfully and unlawfully enter and remain in a noncommercial dwelling house, apartment, and other place located at 444 Covered Wagon Dr., Diamond Bar without the consent of the owner. his/her agent, and the person in lawful possession thereof. t` / Furthe at , joculnent n; probable ot H i=A„ ?i ,E,-• `o" the above - listed rimes. I DECLA?E UNDEF PF.'11ALT1 )F DERJ. 771'1 -H,'IT :HE F(DREGCIING IS TRUE A14D CORRECT AND THAT THIS-01IPLAi11'; ;-)',; j1- 1r;1iZ,S� Execu ped at Pn,-� _ ,u,, -, _ ,n ?anuar� _ 7 E. HOOVER / DECLARANT AND COMPLAINANT 11r iLLt�� HAROLD 41 HOFMAN OEPUT AGENCY: LASD WAL• I_/J: ID NO: PHONE NO: DR NO: 193-00382-I9Z3-00 OPERATOR: JAD BOOKING CITATION CUSTODY DEFENDANT CII NO . NO. _ NO. R'TN DATE LOPEZ, JOSEPH 1IANUEL 3370930 J167780 1/28/93 Pursuant to Penal Code Section 1054.5(b), the People are hereby informally requesting that defense counsel provide discovery to the People as required by Penal Code Section 1054.3. r THE PEOPLE OF THE STATE - - OF CALIFORNIA, VS Rf EIPT OR �niF �f RAIL A .. j JciFC ; BONn NO f_-19-55 JUSEPII h1ANUEL �Ui�i_Z - - --- ----------- --- _ Defendants) - - -- LAW ENFORCEMENT A(iI:NCY [ATECTING ARREST: __--T--___ - LOS ANGELES COUNTY SHERIFF/DIAN DATE < "ntplaint tde,l,_ _11j0j0-VEi2 , charging defendants) with having uunntit cd I'll 'Ir ahout 1-7-93 in the County of Los Angeles, rhe FELONY I]MISDEMEANOR i- (INFRACTION offense(s) of: $EC, ---6D2.5 _-CALIEDRNIA_RENAL_LOCE------I--------- — JUDGE: CLERK: -- - COMMISSIONER:__ COURT REPORTER: DTRICT ATTORNEY IS — JAN 2 1991( r fl INTERPRETER: 1 Defendant not appearing, BWQL-,rwL,ipn % Bench warrant ordered. Bail _! i Surety bond forfeited. fCash bail forfeited. Bench warrant (juashed_ ( _-1 Bench warrant held to-- - ( 1 Stipulation filed for Municipal Court Commissioner to act as Judge Pro Tempore. ( ✓rAdvisement of Rights and Certain Court procedures received and filed. I V) Defendant gives true name as charged _— On Defendant's motion, arraignment continued to at M, I�On— Defend ants motion, arraignment continued to at 11. Defendants appearing ------ -- --__ pp_ _g= I ithout counsel, Copy o.' policery Port given to counsel for/defendant. Defendant waives further reading of complaint and statement of rights. Defendant advised of each of his statutory and constitutional rights as set forth as follows_ CRA To be represented at .1II stages of the proceedings by an atturnev of his own choice or the Public Defender should he lack the means to provide his own attornev. _r To be informed of the nature of the charge(s) agninst him. To a speedy and notilic 1 ial within 30 days from pleas if in cus'ody, or within — 45 days from plea if not in custody on misdemeanor offenses. t ) To have. a -preliminary hearing within 10 days from date of arraignment on felony offenses and trial within 60 days from plea in Superior Court, I To be released on reasonable bail. To a trial by a judge or n jury of 12 citizens. 1'o be confronted by adverse witnesses and to cross-examine these witnesses. ------------ ! To remain silent. That if he pleads guilty or nolo contendere and is an alien, he could be deported. T., t he pruc•ess of the court to sobpuonn witnesses or evidence- -- To dismissal wider Section 1203A Penal Code. -- --- ------ - -- - - (r) (',Ili I I i ople'S motion, complaint l uuntls i reduced to - m r wilco purnnnnt to Sec. 19e Penn) forte. COLINIV OF LOS ANGELES, ST %rE OF CAI''ORNIA Defendant warned of the danger, and prolacrns in tepredcntUng himself e�llhuul ;u, - - - __ _ attorney, --- -- ! - i Defendant. ad%Iticd of Life elem, nl., of Il,C cbargi and the maxuauni ;out niinnuuui cunsequaues oI I plm, f*guilty ur nolo coutcnderc. --- --,- The Court find, Defendant has sufllcient intelligence and knowledge its to his le ,I erg tts to lie able to knowingly and intelligently waive his Ieg;d right to counsel and ------------------ - ----------- id in open court waive his right to Counsel. - u motion ol'Dufendant, mutter continued fur pica to __-Defendant ordered to return. -- - - - • Defendant pleads. -- --- -- ( 1 iudty if, charged I r Guilty to CounUsl — I l >vlo Contendere as charged I 1 Nolo (-onlcnderu to (,j)(11 It -- -- ----- - - ----- I Not Gutltc - - - -------------------------- rDefendant r Admits I r Denies prinrconvictionis, - - __ - -. e codon- rcyuusts Cuurl-appou,led counsel. 1 I Delend:uit to ruluin own counsel. ---- ---- — - -- t ) Defendant ret'erred to 1 I Public: efender for qualification l I Pomr u , l rial Lawyer's Association ( — utthc ttenrler appointed ( Public Defcnde del Loos unavall,,blo I conflict. - - t - .eA torn rtne Defense Counsel appointed pursuanl to Section M7.2 Penal ('ado. Defeo( oil adoised that after a bearing the Cour t nwy order dr li nd.url Lu pay all - -- - -- - - ur part. ol'the nst ol'('uwL-;ppoi"Led counsel of Public De:lcnder, and that ----- e ecnliml may be rssuvd un Igo orde• in the , one m uuo r as un t Civil�udgenuut. - - _ After n yuiry ll), the Court Disl.rict Attorney, defendant expressly waives his right, to: --- Counsel I r Jury'mal - - -- t'onfi,mtuti,ui I ticll'incriniinaliun � I 17n• ('„uiI liid:. Ili;,l .urh ��,uv:. wore inlollil;cnll)' rundr- Ib.I Ilurc i:.,, f.o.lu:,l basis fur the pLu, .nal Ih.,l it i, frcclq and coluoturily mode•. Counset fur the detendartL joins in �aivcrs .,nd plea. AFter cxplanali„u by Ili,- Court of.tiucliun 1382 PC statutory time for trial i, waived. Defend,nu n•fer'rcd to Pn,Lalion Departruent fill. investigation and ruporl. -Probation and sentence continued to at Defendant K aiw, time fur sentence. Sue P&S docket fur sentence. - -- r -- - - - pica pruhnuonf�por[ ordered pursuer Section 131-:5 CCP. A Cause set fi,r: Agreement to App,•;,r file,lIf /�1•ieL�a►v ease rssucd. waiver fill d � I r i Ii;,il up to stood set .n the sm , ,I*,$ I I k lcndrurl rcnuunlyd to Ow rustork ..I I lo, tiboi 11'f jl onnritioont i,,.-& 1' ...•r, II IA Case No. Continued Q3iY1Wf l 1 r - CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (4:P, TO: Terrence L. Belanger, City Manager PORT DATE: January 17, 1994 MEETING DATE: February 1, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Approval of Tract Map No. 50519 located at 300-366 Torito Lane, Diamond Bar. SUMMARY: This project which consists of the construction of a 34 Unit condominium complex on 2.3 acres of land has been submitted by Diamond Development Company to the City of Diamond Bar for a final tract map approval. RECOMMENDATION: It is recommended that the City Council (1) approve the attached Final Tract Map No. 50419; (2) autorize the Mayor to execute the Subdivision Agreement; (3) adopt Resolution No. 94- (4) autorize the Interim City Engineer to sign the map; and (5) direct the City Clerk to certify and process the map and C.C.& R's for recordation. LIST OF ATTACHMENTS: 2L Staff Report _ Public Hearing Notification X Resolution Bid Specification (on file in City Clerk's Office) Ordinances(s) X Other: Final Tract Map and Subdivision Agreement EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _,Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? X Yes No 4. Has the report been reviewed by a Commission? _ Yes No Which Commission? 5. Are other departments affected by the report? X Yes No Report discussed with the following affected Planning Department departments: REVIEWED BY: City Manager Assistant City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 1, 1994 TO: Honorable Mayor and Members of the City Council FROM: George A. Wentz, Interim City Engineer SUBJECT: Tract Map No. 50519 ISSUE STATEMENT Approve Tract Map No. 50519 located at 300-366 Torito Lane, in the City of Diamond Bar. RECOMMENDATION It is recommended that the City Council (1) approve the attached Final Tract Map No. 50519; (2) authorize the Mayor to execute the Subdivision Agreement; (3) adopt Resolution No. 94- (4) authorize the Interim City Engineer to sign the map; and (5) direct the City Clerk to certify and process the map and C.C.&R's for recordation. FINANCIAL SUMMARY Approval of the map will not have any impact on the City's Financial Year 1993-94 budget. BACKGROUND/DISCUSSION The initial Tentative Map application was made to the Planning Commission at a duly noticed public hearing on November 25, 1991. At the February 8, 1993 Planning Commission meeting Resolution No. 93-4 recommending approval of Vesting Tentative Tract Map No. 50519 was approved on February S, 1993. At the April 6, 1993 City Council meeting, Council adopted Resolution No. 93-21 approving Vesting Tentative Tract No. 50519. Over the two year evolution of this project, there have been numerous revisions in an attempt to comply with the Planning Commission's concerns related to visual impacts/aesthetics, circulation and density. The Applicant has now prepared the Final Tract Map which is in substantial compliance with the Vesting Tentative Tract Map previously approved by the Council in April, 1993. The Final Tract Map which subdivides a 2.3 acre site into 3 common lots and 34 condominium units has been checked and approved by all of the appropriate agencies and found to be complete. Prepared by: Anne M.Garvey RESOLUTION NO. 94- A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TRACT MAP NO. 50519, FOR THE SUBDIVISION OF A 2.3 ACRE SITE INTO 3 COMMON LOTS AND 34 CONDOMINIUMS LOCATED AT 300-366 TORITO LANE, DIAMOND BAR, CALIFORNIA. A. Recitals. (i) Diamond Development Company, 1700 Raintree Road, Fullerton, California 92635, (the "Applicant" hereinafter), has heretofore filed an application for approval of Final Tract Map No. 50519, (the "Application" hereinafter), as described in the title of this Resolution. (ii) On December 14, 1992, and February 8, 1993 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Tentative Tract Map and, upon conclusion of said public hearing on February 8, 1993, the Planning Commission adopted it's Resolution No. 93-4 recommending that the City Council approve Tentative Tract Map No. 50519. (iii) On March 16 and April 6, 1993, the Council of the City of Diamond Bar conducted a duly noticed public hearing on the Tentative Tract Map and concluded said public hearing on April 6, 1993. Council moved to adopt Resolution No. 93-21 approving Tentative Tract No. 50519. (v) All legal prerequisites to the adoption of this Resolution have occurred. 1 B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the Application, this Council finds the Final Map to be in substantial conformance with the approved Tentative Map and this Council hereby specifically approves Final Tract Map No. 50519 and authorizes and directs the Mayor and City Clerk to execute the Subdivision Agreement for installation of public improvements required thereby. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, no significant adverse environmental effects will occur. 2 4. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to Diamond Development Company, 1700 Raintree Road, Fullerton, California 92635. PASSED, ADOPTED AND APPROVED this 1st day of February, 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 1st day of February-, 1994 by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 3 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. C , 7 TO. Terrence L. Belanger, City Manager MEETTING DATE February 1, 1994 REPORT DATE January 26, 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 ATTACH VIENTS: X Staff Report X Resolution(s) Other EXTERNAL DISTRIBUTION: SUBMITTAL CBECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Office) 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: Terrence L. Belange Frank M. George A. W60/ City Manager Assistant City Manager Interim City Engineer File Name:Q\WP60\J0YCKACENC0V1.94 CITY COUNCI L REPORT AGENDA NO. NEEnNG DATE February 1, 1994 Td Honorable Mayor and Members of the City Council FROM• Terrence L. Belanger, City Manager SUBJEOI: Sanitary Sewer System in The Country ISSUE STAT7E AENT This report requests the City Council's approval and authorization to advertise The Country Sanitary Sewer System project for bids. RECONDAENIDATIOM 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 for the project for bids. FINANCIAL SUMMARY: Construction costs will be identified after bids are recieved BACKGROUNDVDISCUSSION: 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 pf 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 February 1, 1994 Page Two At this time, the consultant has prepared the plans and specificatins for the subject project. The work to be performed consists of a sanitary sewer system which is composed of gravity lines and force mains, upgrading of the Indian Creek Pump Station, and new pump stations as appropriate. The bid opening is scheduled for February 23, 1994. The plans and specifications have been prepared to be consistent with the Los Angeles County design and maintenance standards. Staff anticipates the following schedule for completion of the project: 1. Call for Bids February 1994 2. Secure Bids February 1994 3. Conduct Townhall Meeting March/April 1994 4. Hold Public Hearing April/May 1994 5. Prepare Bills and Assesments May 1994 6. Issue Bonds June 1994 7. Begin Construction July 1994 8. Complete Construction April 1995 Me Name:Q: NW60%JOYC:E�CcF4g2-1.94 RESOLUTION NO 94- A 4 A RES OLUTION OF THE CITY COLjNCIL 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, TlEaaj R , TUE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA., DOES RESOLVF, DEGIARI, DET 104M 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 AM on March 1, 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. 'Ile 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 apprentice -able 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. Fight (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 (1001o) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to frim, 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 (10096) of the contract price thereof, and an additional bond in the amount equal to one hundred percent (10096) 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 $80.00, said $80.00 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 $20.00 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 ADOPIIm 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: LYNDA BURGESS, City Clerk City of Diamond Bar File Name:WP601JOYCE ZESOLLTT.94 • • � i� is ' � •! • � � � is U Awl LYNDA BURGESS, City Clerk City of Diamond Bar File Name:WP601JOYCE ZESOLLTT.94 Agenda Item No. 6.7 Plans and Specifications are available for review in the Office of the City Clerk CITY OF DIAMOND DAR AGENDA REPORT AGENDA NO. 6 -7 TO: Terrence L. Belanger, City Manager MEETING DATE: February 1 1994 REPORT DATE: January 28, 1994 FROM: Bob Rose, Community Services Director TITLE: Grand Avenue Guardrail Improvements SUMMARY: On December 7, 1993, City Council adopted Resolution No. 93-78 directing the City Clerk to advertise for and receive bids for Grand Ave. Guardrail Landscape Improvements. Bids were received from four qualified contractors. Bids ranged from a low of $31,175 to a high of $76,423.25. RECOMMENDATION: It is recommended that the City Council award a contract to Accurate Landscape and Maintenance Corporation, the lowest responsive bidder, for the completion of irrigation and landscape improvements along the guardrail on Grand Ave. in the amount of $31,175. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution _ Bid Specifications _ Ordinance X Other: Agreement EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 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? X Yes _ No PUBLIC WORKS REVIEWED BY: ......... ferfeincU. Belanger Frank es Bob Rose City Manager Assistant City Manager Community Services Director MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. February 1, 1994 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Award of Contract for Grand Ave. Guardrail/Landscape Improvements ISSUE STATEMENT: Shall the City Council award a contract to Accurate Landscape and Maintenance Corporation for the completion of irrigation and landscape improvements along the guardrail on Grand Avenue in the amount of $31,175? RECOMMENDATION: It is recommended that the City Council award a contract to Accurate Landscape & Maintenance Corporation, the lowest responsive bidder, for the completion of irrigation and landscape improvements along the guardrail on Grand Ave. in the amount of $31,175. FINANCIAL SUMMARY: Total cost of this contract is $31,175.00. It will be paid for the non - committed funds of District #38. This will leave a balance of non -committed funds in District #38 of $ 19,279. BACKGROUND/DISCUSSION: At its December 7, 1993 meeting, the City Council adopted Resolution No. 93- 78 directing the City Clerk to advertise for and receive bids for the Grand Ave. Guardrail landscape Improvements. Bids were received from four qualified contractors, which were opened and publicly read on January 5, 1994. Bids ranged from a low of $31,175 to a high of $76,423.25. The contract will provide for a badly needed irrigation system designed for the landscape improvements planned for the area, plus will provide landscaping that is drought tolerant, easy to maintain and designed to complement the existing landscaping. PREPARED BY: Bob Rose Community Services Director AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for the Construction of Grand Avenue Guardrail Landscape Improvements. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Construction of the Grand Avenue Guardrail Landscape Improvements. Said work to be performed in accordance with specifications and standards on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 1 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within forty-five (45) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of two -hundred fifty ($250.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 3 2) Provides it shall not be canceled or altered without thirty (30) days, written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprentice- ship council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices 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: 4 a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 5 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against he Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. 6 So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated JANUARY 3 , 1994, in the total amount of $ 31,175.00 12. ATTORNEYS' FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. APPROVED AS TO FORM BY: CITY ATTORNEY 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date Da Contractor's Business Phone By: Title Title CITY OF DIAMOND BAR, CALIFORNIA By: By: Emergency Phone at which Contractor can be reached at any time 8 yor City Clerk CITY OF DIAMOND BAR AGENDA NO. AGENDA REPORT TO: Terrence L. Belanger, City Manager REPORT DATE: January 14, 1994 MEETING DATE: January 18, 1994 FROM: Troy L. Butzlaff, Assistant to the City Manager TITLE: 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. SUMMARY: 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 work program and budget for environmental assessment and reporting services (Exhibit "B"). It is further recommended that the City Council authorize the CityManager 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. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution _ Bid Specifications Ordinance _ Other: 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 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? —Yes X No REVIEWED BY: _ V 1 Troy L. Taff Terrence L. elanger Frank M. Usher Y City Manager Assistant City Manager Assis the City Manager CITY 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 aid Constructors, Inc., a qualified consulting firm with experience 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 qualified consultant topired, determine the City continues to need the services of a q 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: il approve the proposed work program and It is recommended that the City Counc budget for environmental assessment and reporting services (Exhibit "B"). It is further recommended that the City Council authorize the city manager o execute a Professional Services Agreement (Exhibit "A"), in an amount not-to- exceed ottoexceed $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. BACKGROUND: 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 proposals in response to its RFQ and after careful evaluation of each firm retained the services of ultrasystems Constructorsineers & CO asbasedsconsultinglfirm with LG&E Power Engineers and as well as extensive experience in environmentaland design.planning and engineering, solid waste facility planning DISCUSSION: Under the California Environmental Quality Act (CEQA) and its implementing determined to have the potential to create guidelines, all projects re are an environmental significant environmental impacts are required top P and cumulative impact report which identifies the project's direct, indirect, for the environmental effects. The City of Industry, acting as Lead Agency project, must prepare and disseminate a Draft Environmental Impact a submiport t provide an opportunity for all interested and affected parties comments on the adequacy of that document. On August 5, 1993, the City received notice that the City of Industry had undertaken the preparation of a revised project -specific environmental impact report (EIR) for the materials recovery facility-otential impacts that the Based upon the City's receipt of the Notice of Preparation (NOP) and the P has elected to formally project may have on adjoining land uses, the City City of Industry and has requested that these submit written comments to the eparation of all future environmental comments be considered in the pr documents. It is anticipated that the City of Industry will soon release their Draft Environmental Impact Report (DEIR) on the proposed facility. In anticipation of this document being released, staff would like to retain certain to n the services of LG&E Power Engineers and Constructors (LG&E) perform es pertaining to the issuance permits Facility.necessary sa to construct and operate the proposed Industry Materials Recovery Under the proposed scope of work, LG&E will prepare and present environmental assessments to those regulatory agencies (e.g., south Coast Air Quality Management District, California Integrated Waste Management Board, etc.) that issue discretionary permits for the proposed facility. These assessments will be developed for the purpose of determining the technical adequacy of project -specific environmental documentation and 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. In addition, the consultant will review each permit application to determine compliance with submittal requirements and coordinate and direct lobbying efforts before these agencies. but ot Finally the consultant will perform a variety of tasks i and the City not limited to: (1) comments on the adequacy f (t submittal Industry's compliance with procedural obligations under CEQA; of findings associated with independent technical studies conducted by the City of Diamond Bar; (3) a listing of recommended site alternative within the City of Industry which should be explored based upon perceived beneficial and environmental impacts; and (4) a critique of the Mitigation Reporting Monitoring Program, Findings of Fact and statement of Overriding Considerations developed by the City of Industry as part of the environmental record. 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. Recitals. (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. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Prosect: 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 "B". (C) Completion of Project: 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 as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" and "B" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" and "B" to CITY within 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 follows: (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's proposal either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibits "A" and "B". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT"s proposal as set forth in Exhibit "B" hereof, shall be paid on a reimbursement basis in accordance with the 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 grovide to CONSULT: (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. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of 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 Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: CITY: 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 am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement" (b) Public Liability and property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile 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 copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assianment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, 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. Independent 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. GoverningLaw: 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 fist 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: Approved As To Form: City Attorney CONSULTANT 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 NECESSARY 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 Printed on Recycled Paper December 1993 TABLE OF CONTENTS EM I INTRODUCTION .............................1 Project Description .............................1 CEQA Requirements ............................1 Permit Processing .............................. 2 H SCOPE OF WORK ............................5 III PROJECT BUDGET ........................... 10 IV PROJECT TEAM ............................ 12 APPENDIX A RESUMES 0935301PROPOSAL Industry Materials Recovery 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 -foot 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 (M)" 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 (i.e., land use compatibility, traffic noise, odor and vectors) which may adversely affect the City of Diamond Bar and its residents. CEQA Requirements The California Environmental Quality Act (CEQA) and its implementing guidelines require that all projects involving discretionary approvals from government agencies be reviewed to determine whether those project have the potential to produce significant impacts upon the environment. For those projects which are determined to have the potential to propose significant effects, the agency with primary responsible for approving the project (i.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. 093S306PROPOSAL Industry Materials Recovery Facility Printed on Recycled 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 IMRF. 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 1MRF, 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, Findings of Fact and Statement of Overriding 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 in 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 0935301PROPOSAL Industry Materials Recovery 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. Buildover 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 Systems Permit (NPDES), Los Angeles Regional Water Quality Control Board and/or Los Angeles County Department of Public Works. A NPDES permit must be obtained from the Los Angeles Regional 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 existing drainage facilities. Typically, all runoff which 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 Industrial Waste Permit required by the County of Los Angeles in that permit approval is largely administrative. Conformance with the Air Quality Management Plan (AQMP), South Coast Air Quality Management District (SCAQMD). The project would need to comply with the SCAQMD's Air Quality Management Plan for reducing mobile emissions. 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. An Authority to Construct and Operate may not be required for the material recovery facility/transfer station since it would not generate stationary emissions (e.g., landfill gas). Conformance with the AQMP would include 0935301PROPOSAL Industry Materials Recovery Facility Printed on Recycled 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 required based upon proposed alterations to the existing watercourse which now crosses the site. 093530lPROPOSAL Industry Materials Recovery Facility 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 IMRF. These assessments shall be developed for the purpose of determining the technical adequacy of project -specific 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- meetings and strategy sessions with the City of Diamond Bar to facilitate the attainment of the City's stated goals. The primary vehicle for addressing the credibility of unneeded or nuisance -related projects is through the CEQA process. CEQA provides both a public forum and other opportunities to provide oral and written opposition to the Lead Agency and other Responsible Agencies during 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 applies directly to County or State agencies for individual permits. With a few exceptions, these regulatory agencies provide only limited opportunities for public debate concerning the merits of the project and decide on their own (i.e., in the absence of public input) whether to issue individual 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 before the California Integrated Waste Management Board as part of the Board's review of the Solid Waste Facilities Permit; (2) coordination with the South Coast Air Quality Management District to both determine whether an Authority to Construct and Operate will be required from that agency and to develop an appropriate response to the release of the Draft EIR; (3) the submittal of a technical assessment to the Los 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 Response to 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 093530WROPOSAL Industry Materials Recovery Facility Printed on Recycled Paper Page 5 SECTION 11- 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; (5) 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 organized under a major task and task format which corresponds with the key elements and/or support function of this work program. for Task 1.0 - Solid Waste Facilities Permit, California Integrated Waste Management Board As required under Section 44001 et seq of the California Public Resources Code and Sections 17423, 17441 and 18200 er 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 (CIWMB) 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; (5) Findings of Conformance made by the Los Angeles County Department of Public Works; (6) a fording by the City of Industry that the MRF is consistent with the City of Industry General Plan; () environmental documentation; and (8) copies of all permits and associated requirements of other governmental agencies regarding the IMRF. Subtask 1.1 - Draft EIR Participation Under this work effort, LPE&C will: (1) prepare a technical assessment of the IMRF, focusing on the potential environmental effects of that project; and (2) in cooperation with the City of Diamond Bar, transmit that technical assessment to the CIWMB during the 45 -day review period established by statute for Responsible Agency review of the Draft EIR. 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 Draft EIR. 09JS301PROPOSAL Industry Materials Recovery Facility Printed 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 proposed; and the existence of other pending and permitted facilities within the region (e.g., Puente Hills Landfill). Major Task 2.0 Permit to Construct/Operate South Coast Air Quality Management District Based upon our current understanding of the project, LPE&C currently believes that discretionary permits may not be required from the SCAQMD, based upon the absence of stationary point sources. Under this task, LPE&C will initiate consultation with SCAQMD representatives to determine any relevant permit obligations as may be required from that agency and to ensure that the SCAQMD is aware of all relevant impacts associated with project operation. Should permits be identified, LPE&C will augment this scope of services to incorporate a technical review of that supportive documentation submitted in support of those permit obligations. Although the SCAQMD may not be called upon to issue permits for project approval, the SCAQMD may be encouraged to submit comments to the City of Industry as part of the SCAQMD's role in 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 area's air quality or indicating non-compliance with the Air Quality Management Plan, the Draft FIR would be required to acknowledge the existence of significant air. quality impacts. 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 resolution of that issue. Major Task 3.0 - Finding of Conformance, Los Angeles County Solid Waste Management Committee/Integrated Waste Management Task Force As indicated above, proponents of solid waste facilities (except those otherwise exempt) must submit proposals to the Los Angeles County Integrated Waste Management Task Force for a Finding of Conformance with the County Solid Waste Management Plan. At a minimum, the 09353OIPROPOSAL Industry Materials Recovery Facility Printed on Recycled Paper page 7 SECTION II - 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; (5) 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 area; 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. Major Task 4.0 - CEOA Compliance 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 09353o1PROPOSdL Industry Materials Recovery Facility Printed on Recycled Paper Page 8 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 Schedule. 09353O PROPOSAL Industry Materials Recovery Facility Printed on Recycled Paper Page 10 SECTION III - PROJECT BUDGET STANDARD RATE SCHEDULE Principal $120.00 ........................ 90.00 Director .. .................. ..... 80.00 Environmental Program Manager ......... Senior Project Manager ............... 75.00 Project Manager 70.00 .................... Senior Engineer/Scientist 65.00 ............... Engineer/Scientist ................... 55.00 Associate Planner ................... 50.00 Planner 40.00 ......................... Analyst .......................... 40.00 SUPPORT STAFF Word Processor .................... 35.00 Illustrator ........................ 35.00 Technician ....................... 35.00 SUPPORT SERVICES FOR LITIGATION Expert Witness (in support of litigation, expert witness/due-diligence activities on such functions as permitting/processing, air quality, noise, aesthetics, land use, etc.) ..... 195.00 GENERAL Consultant support, printing, reproduction, travel, subsistence and other direct expenses will be billed at cost plus twenty percent (20%). Automobile mileage will be charged at a rate of $0.40 per mile. Travel time will be billed as per the above hourly rates. Suppon staff overtime will be billed at one and one-half (I %) times the standard rate. Invoices are payable upon receipt and will be submitted monthly for work in progress and at completion of contract obligations. Fees not paid within sixty (60) days of invoice date will be assessed an interest charge of one and one-half percent (Bi%) %) per month from date due. Attorney fees and court costs incurred with collection of delinquent accounts will be borne by the client. 0935301PROPOSAL Industry Materials Recovery Facility Printed on Recycled Paper Page 11 SECTION IV - 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 ApRgnLiyA (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. Industry Materials Recovery Facility 0933301PROPOSAL Page 12 Printed on Recycled Paper CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO . (p A 9 TO: Terrence L. Belanger, City Manager PORT DATE: January 13, 1994 MEETING DATE: February 1, 1994 ' FROM: George A. Wentz, Interim City Engineer 1 Of TITLE: Approval of Sewerand Par el NoRllof Parcel Map No. 2151, ocation/Vacation Between Parcel • located at 3302 Parcel Map No. 15375 South Diamond Bar Boulevard. SUMMARY: This Sewer Easement Relocation/Vacation is between Parcel 1 of Parcel Map 15375 and Parcel 1 of Parcel Map 2151 at 3302 South Diamond Bar Boulevard, for construction of an Arco/AM-PM mini -mart. The Sewer Easement 1 --tion has now been submitted to the City of Diamond Bar for Vacation/Re o approval. RECOMMENDATION: That City Council adopt and directing the City Clerk, on behalf of and record the easement deed for sanitary relocated sanitary sewer (Exhibit "A") and and directing the City Clerk, on behalf o the vacation of the sewer easement at 3302 a certified copy of this Resolution. LIST OF ATTACHMENTS: X Staff Report X Resolutions Ordinances(s) _ Agreement: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: a)Resolution No. 94 -XX authorizing the City of Diamond Bar, to accept sewer maintenance purposes for the b)Resolution No. 94 -XX authorizing f the City of Diamond Bar, to accept S.Diamond Bar Boulevard and record _ Public Hearing Notification _ Bid Specification (on file in the City Clerk's Office) X Other:Sewer Easement Deed 1. Has the resolution, ordinance or agreement been Yes X No reviewed by the City Attorney? a majority or 4/5 vote? Majority 2. 3. Does the report require Has environmental impact been assessed? Yes X No X No 4. Has the report been reviewed by a Commission? Yes 5. Which Commission? Are other departments affected by the report? X Yes No PLANNING Report discussed with the following affected departments: REVIEWED BY: Terrence L. Bela er Frank M. Us Assistant City Manager Geo ge A. In rim City n z ngir- City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 1, 1994 TO: Honorable Mayor and Members of the City Council FROM: George A. Wentz, Interim City Engineer /Vacation Between Parcel SUBJECT: Sewer Easement No.1 of Parcel Map 15375 nand Parcel No.1 of Parcel Map 2151. ISSUE STATEMENT Adopt 1) Resolution No. 94 -XX accepting the new easement for the relocated sewer and 2) Resolution No. 94 -XX vacating the old easement for the abandoned sewer between Parcel No.1 of Parcel Map 15375 and Parcel No. 1 of Parcel Map 2151 located at 3302 south Diamond Bar Boulevard in the City of Diamond Bar and have the Los Angeles County's Recorder's office record 1)the easement deed for the new sewer easement executed between the City of Diamond Bar and Atlantic Richfield Company and 2)the certified adopted Resolution No. 94 -XX accepting the vacation of the old easement. RECOMMENDATION It is recommended that the City Council adopt a) Resolution No. 94 - XX authorizing and directing the City Clerk, on behalf of the City of Diamond Bar, to accept and record the easement deed for sanitary sewer maintenance purposes for the relocated sanitary sewer (Exhibit "A") and b)Resolution No. 94 -XX authorizing and directing the City Clerk, on behalf of the City of Diamond Bar, to accept the vacation of the sewer easement at 3302 south Diamond Bar Boulevard and record a certified copy. of this Resolution. FINANCIAL SUMMARY Approval of the sewer easement relocation\vacation will not have any impact on the City's Fiscal Year 1993-94 budget. BACKGROUND/DISCUSSION In conjunction with Conditional Use Permit No. 92-5, which resulted in the adjustment of the lot line between Parcel Map No. 15375 and Parcel Map No. 2151, it became necessary to acquire an adequate easement area for a new sewer main and thus vacate the existing sewer easement. As shown in Exhibit south between Parcel Map No. Exhibit "A") aforementioned constructed of encroachment o 2151 is owned I Map No. 15375 Prepared by: Anne M.Garvev "B", currently the sewer easement runs north - parcel 1 of Parcel Map No. 15375 and parcel 1 of 2151. With the proposed sewer easement (as shown in along the newly adjusted lot line of the parcels, an Arco mini -mart building can be i parcel 1 of Parcel Map No. 2151 without the E a sewer line. Currently parcel 1 of Parcel Map No. )y Atlantic Richfield Company, and parcel 1 of Parcel is owned by Metro Diamond Bar Properties. EXHIBIT "B' SEWER EASEMENT IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA OWNER EXISTING PARCELS PROPOSED PARCELS AP NUMBERS REFERENCENUMBERS ARCO PRODUCTS COMPANY 8714-15-20 & 8714-15-24 LOT 1 4 o � W;;; -4R 1050.00 T 4.02 L 8.04 %17'Sdm HAP V 5, PER 651 PACE 5' OF V PARHAPS BASIS Of BEARINGS THE BEARING N 57'50'53' E BEING THE CENTEIWNE OF BREA WWN ROAD PER 2151 RECMM IN B= 34, PAGE 844 ISN THE MAPNO. AOF LOS ANGELES STATE OF-CAUFORNI S TBASIS OF BE 7 � WAS USED HE �Ry,U r c1 o<U*lya`�'4 x %/��l �V 7�/i �� •I 7 l� �j.r �. -4,, p1AMpCI1) BARt 1,T IO� �'Aa V —� HAP NO . �. 4, PAGE 84 LOT 1 OF LLA DNMC; C; SEWER amu" TO BE VACATED �Il S60 55'37-E _70.00 0 25 50 100 GRAPHIC'* SCALE 1" =50'-0" SHT. 1 OF 1 SHT. EXHIBIT "A' SEWER EASEMENT IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA OWNER EXISTING PARCELS PROPOSED PARCELS AP NUMBERS REFERENCE NUMBERS �. R=100_ 00' _- '--- -DIAMOND_ BAR 'BLS' " P.O.B. R =1050 0 A= 06'265Z' j_--150 .00 R = 1050.00' L = 118.16' •�, ,ter Lo `� NEW SEWER EASEMENT \ EXISTING SEWER EASEMENT oto N - 1 1 TO BE VACATED PER DESCRIPTION -fir 1 z(n LOT 1 OF LOT LINE ADJUSTMENT 1 l) RECORDED ON OCT. 29, 1992 / 10' lc) AS INST, NO. 92-1990659 LOT 2 OF LOT LINE ADJUSTMENT RECORDED ON OCT. 29, 1992. AS INST. NO. 92-1990659 w r � L) �. M to ; �-- n_s i to u 2 - _, • _ F T r.: 0 a. W'LY LINE LOT 1 ---' 0 25 50 100 FM GRAPHIC SCALE 1"=50' PH 21:51 P.maz. 34-84 S'LY . BOUNDARY LOT SHT.1 OF 1 SHT. w 31r' Y ro b� Loo - (00 -q-to z:w Z N Z 0 25 50 100 FM GRAPHIC SCALE 1"=50' PH 21:51 P.maz. 34-84 S'LY . BOUNDARY LOT SHT.1 OF 1 SHT. ACKNOWLEDGEMENT FORM FOR CORPORATIONS On this day of in State of California ) SS the year 1994, before me, the County of Los Angeles) undersigned, a Notary Public, in for said State, personally appeared personally known to me or proved to me on the basis 'of satisfactory evidence) to be the person executed the within instrument on behalf of the corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for saidState. 1994 APPROVED: City Engineer NOTARIES: ATTACH ADDITIONAL OR OTHER FORMS, IF REQUIRED This is to certify that the interest in real property, conveyed by from the attached easement deed, dated E, the City of Diamond Bar, a municipal corporation, is hereby accepted by order of the City Council of the City of Diamond Bar, 1994, and the grantee California, on consents to recordation thereof by it's duly authorized officer. Dated CITY OF DIAMOND BAR By Lynda Burgess, City Clerk RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING THE OFFER OF DEDICATION OF THAT CERTAIN REAL PROPERTY HEREIN DESCRIBED FOR PUBLIC USE. A. REC_ ITALS (i) WHEREAS, Atlantic Richfield Company, a Pennsylvania corporation, has offered to dedicate that certain asement for sanitary sewer purposes, as requ public service e by Planning Commission Resolution No. P.C. 92-23• A full, rue and correct copy of said easement is set forth in that certain deed of easement attached hereto as Exhibit "A" and by this reference incorporated herein. WHEREAS, the City Engineer has reviewed the proposed easement, has caused the facilities installed therein to be inspected and has reported to the City Council that said all easement, and the facilities contained therein, comply City requirements therefor. (iii) WHEREAS, the Planning Commission, by its Resolution No. P.C. 92-23, has heretofore reported that acceptance of said easement, and the facilities therein ursuant contained, comply with the City's proposed General Plan p to the provisions of California Government Code § 65402 and Ordinance No. 4 (1992). (iv) WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1: In all respects as set forth in the Recitals, Part A, of this Resolution. Section 2: The City of Diamond Bar does hereby accept the offer of dedication of the easement described in Exhibit "A", and the facilities therein contained, for public use subject to the required one (1) year warranty requirements of the City. Section 3: The City Clerk shall: a. Certify to the adoption of this Resolution; and b. Cause the deed of easement described in Exhibit "A" to be recorded, indicating acceptance by the City, forthwith. TY.e City Clerk shall certify to the passage of this >solut.ion by the City Council of the City of DiamondBar, and places hall rause the same to be posted in three ( )conspicuous n the City of Diamond Bar, and it shall thereupon take effect. PASSED, APPROVED AND ADOPTED this day 994. 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 meetiday ofthe City Council of th1994, of Diamond Bar held on by the following Roll Call vote: AYES: COLINCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COI^.NCILMEMBERS - ABSTAINED: COL'.NCILMEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar MIBIT "A" RECORDING REQUESTED BY CITY OF DIAMOND BAR WHEN RECORDED MAIL M City Clerk City of Diamond B a r 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765 GRANT OF EASEMENT for SANITARY SEWER PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE GRANTOR, Atlantic Richfield Company APennsylvania Corporation, hereby grants to the City of Diamond Bar, a municipal corporation, hereinafter CITY, an easementfor sanitary sewer purposes andthe right toconstruct, reconstruct, use, maintain, operate, alter, addto, repair, replace, and/or remove its facilities consisting of underground conduits, manholes, and appurtenances for the collection and conveyance of domestic sewerage and other purposes over, in, under, across, along and through that certain real property situated in the City of Diamond Bar, County of Los Angeles, State of California, described as follows: That portion of Lot 1 as described in Certificate of Compliance recorded as Instrument No. 92-1990659, of Official Records in the Office of the County Recorder of Los Angeles County, Stateof California, more particularly described as follows: Astrip of land, ten(10) feet wide, the westerly and southerly lines of which are described as follows: Beginning at the northwesterly corner of said Lot 1; thence along the westerly line of said lot, S 31'33'51 "W 173.16 feet, to the southwesterly corner of said lot; thence along the southerly line of said lot, S 60°55'37"E 60.73 feet; thence continuing along said southerly line, S 1 1'58'40"W 24.06 feet to an angle point in said southerly line. The easterly and northerly lines of said strip of land shall be lengthened or shortened to meet at points of intersection of said lines and to terminate in the northerly line and southerly line of said lot. THE CITY, and its officers, agents and employees, and any contractor, its agents and employees, engagedby CITY, shall have the right of ingress to and egress from said easement and every part thereof, at all times, for the purpose of exercising the rights herein granted and shall have the right to enter upon and to pass over and onto said easement for any and all purposes herein described and to remove such growth, structures and other improvements as may endanger or interfere with said easement and rights herein granted. Such rights shall be reasonably exercised and the CITY shall be liable for any damage negligently done by it to the above described property. GRAMUR GPMMR DATE DATE APPROVED: George A. Wentz, City Engineer Date NOTE: Signature(s) of Grantor(s) must be notarized; Attach Acknowledgement form. i'. 1 0 111,.rlv. 16 r;,... - RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SIIMMRIEASEMENT MORE SpECIFICALNING LYTCERTAIN DESCRIBED PIIBLIC SERVICE HEREIN. r; R,CITALS ,i) WHEREAS, California Streets and Highways Code § provides, in pertinent part, as follows: "The legislative body of a local agency may summarily vacate a public service easement in any of the following cases: 11(c) The easement has been superseded by relocation and there are no other public facilities located within the easement." (ii) WHEREAS, heretofore, that portion of a public service easement, more particularly described in Exhibit "A" hereto and by this reference incorporated herein, was dedicated to the City of Diamond Bar Parcel RecordsMap of Los2151, AngelescCountylfor Book 34, Page 84, Parcel Ps , 1971. sanitary sewer purposes and recorded November 11, (iii) WHEREAS, the portion of said drainage easement described in Exhibit "A" has been superseded by relocation and there are no other public facilities located herein. (iv) WHEREAS, the City's Planning Commission heretofore adopted its Resolution No. P.C. 92-93, which Resolution finds that the summary vacation and abandonmrtonOrdinanceallo. 4 conforms to the City's General Plan pursuant (1992). (v) WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THECITY COUNCIL ASOF SHE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY Section 1: In all trespects olutioset forth in the Recitals, Part A, of is section 2: The vacation and abandonment of that portion of the public service easement described in Exhibit "A", is made under Chapter 4 of Part 3 of Division 9 of the California Streets and Highways Code. Section 3• The City Council hereby finds and determines that the vacation contemplated herein is categorically exempt from environlreview Quality Acteoft1970, as California Environmental amended, pursuant to the provisions of § 15312 of Division 6 of Title 14 of the California Administrative Code. public service easement, as specifically Section 4• The p n " hereby is summarily described in Exhibit A Y vacated and abandoned by the City of Diamond Bar. Section 5: From and after the date of recordation ofashis ment, Resolution, the public service ease specifically described in Exhibit "A", shall no longer constitute a'public service easement. Section 6: The City Clerk shall: a. Certify to the adoption of this Resolution; b. Forthwith cause a certified copy of this Resolution to be recorded in the office of the Los Angeles County Recorder in accordance with the provisions of California Streets and Highways Code § 8336; and C. Forthwith and within fifteen (15) days of the adoption of this Resolution give written notice of the vacation and abandonment provided for herein to any local agency requesting notice pursuant to the applicable law. The City Clerk shall certify to the passageof this Diamond Bar, and resolution by the City Council of the.City 3 conspicuousBar, places shall cause the same to ar, posted in three ( ) in the City of Diamond Bar, and it shall thereupon take effect. PASSED, APPROVED AND ADOPTED this _ day of---., 1994. MAYOR do I, LYNDA BURGESS, City Clerk of the City of Diamond approved hereby certify that the foregoing Resolution was passed, 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 EXHIBIT "A" (VACATION) AN EASEMENT FOR SANITARY SEWER PURPOSES SHOWN PER LIMEN WESTERLY NUMBERS 3364 AND 3365, RECORDED NOVEMBER 11, 19, PAGE 8.00 FEET OF LOT 1 OF PARCEL MAP NO. 2151 AS FILED34, OF LOS 84 OF PARCEL MAPS IN CALIFORNIA.HE OF THE RECORDS OF THE OU ANGELES, STATE O SAID EASTERLY LINE OF SAID EASEMENT SHALL BE AND OR SHORTENED SO AS TO TERMINATE ON THE NORTHERLYND SOUTH R LINES OF SAID LOT I. EXHIBIT 71" SEWER EASEMENT IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA OWNER EXISTING PARCELS AP NUMBERS 8714-15-20 & 8714-15-24 ARCO PRODUCTS COMPANY �_ R 1050.00 T .. 4.02 L E.04 Q N 17,50!_4.4 PAR" m 55, PAv� 57Or J�PAR-C— L MAP BASIS OF BEARINGS . , o .vp %w (TVIO 1NE a PROPOSED PARCELS REFERENCE NUMBERS LOT 1 1)1AMpt1V BAR Fc OO'-' ., FAGE: 24 Of: PADr::! HAPS 13 r r L%` . Of: LLA Nn AS DpSMG SEWER EASEIAENT tTo BE VACATED \1 560'W'X-E _- 70.00 0 25 50 100 GRAPHIC "SCALE - 1" =50'-0" SHT. 1 OF 1 SHT. rTTV Ar nT.kMf%7.TrN Ltbu AGENDA REPORT AGENDA NO. � . /O U: i errence 1.. rseianger, city Manager MEETING DATE: February 1, 1994 REPORT DATE: January 28, 1994 FROM: Bob Rose, Community Services Director TITLE: Graffiti Rewards SUMMARY: In response to a growing graffiti problem in the City of Diamond Bar, City Council adopted Resolution No. 92-55, which offers rewards of up to $500.00 to individuals who provide information that leads to the apprehension and conviction of any person who places graffiti on structures in Diamond Bar. The Graffiti Rewards program is one item in a multi -pronged approach the City has used to combat graffiti, which has resulted in a 78% reduction in the amount of graffiti needing graffiti removal in Diamond Bar, in the last year. RECOMMENDATION: It is recommended that the City Council authorize the payment of five $500.00 rewards to the individuals who provided the inforation that lead to the apprehension and conviction of the persons who placed graffiti on structures in Diamond Bar. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution _ Bid Specifications _ Ordinance _ Other: nn1r_rulHL 1J131KID U'l1UN: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? —Yes X No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? —Yes X No Which Commission? 5. Are other departments affected by the report? —Yes X No REVIEWED BY: qTffence L. langer Frank Ush Bob Rose City Manager Assistant City Manager Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 1, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Graffiti Rewards ISSUE STATEMENT: Shall the City Council authorize the payment of five $500 rewards to individuals who provided information that lead to the apprehension and conviction of seven persons who placed graffiti on structures in Diamond Bar? RECOMMENDATION: It is recommended that the City Council authorize the payment of five $500 rewards to the individuals who provided the information that lead to the apprehension and conviction of seven persons who placed graffiti on structures in Diamond Bar. FINANCIAL SUMMARY: Total cost of the five rewards is $2,500.00. Although funds are not currently budgeted for the graffiti reward program, it is planned that it will be added to the General Government Account in the mid -year budget adjustment. BACKGROUND/DISCUSSION: In response to a growing graffiti problem in the City of Diamond Bar, City Council adopted Resolution No. 92-55, which offers rewards to individuals who provide information that leads to the apprehension or conviction of any person who places graffiti on public or privately owned structures in the City. The intent of City Council to offer rewards in an effort to reduce graffiti in Diamond Bar was also stated in Ordinance 2 (1993), Section 12, which was adopted April 6, 1993. Ordinance 2 became the foundation for a multi -pronged approach to combatting graffiti. This includes public education, increased enforcement of graffiti related laws and special task force patrols by the L.A. County Sheriffs, use of volunteers from the D.B.I.A. for added removal efforts, the reward program, and the cooperation of businesses who now lock up materials that could be used to .produce graffiti. All of those efforts have paid off well as graffiti is down 78% and the cost for removing graffiti is down 63%, as demonstrated in the chart below. ion ju4A�"- P—L -1 a-arriti numvval sites cost to Remove observing crime October 10,582 square feet 109 $3,130 November 12,267 square feet 164 $4,280 December 17,280 square feet 280 $6,690 Totals 40,129 square feet 553 $14,100 1993 Square Feet of Graffiti Removal Sites Cost to Remove Community October 3,570 square feet 51 $1,874 November 3,889 square feet 66 $2,093 December 1,405 square feet 35 $1,295 Totals 8,864 square feet 152 $5,262 NOTE: Due to retainer fees and cost limits for removal of graffiti totaling 50 square feet or more, cost for removal and amount removed do not rise and fall proportionately. There are currently five individuals who are eligible to receive rewards for providing information that has lead to the arrest and conviction of persons placing graffiti on structures in Diamond Bar. These five individuals have asked to remain anonymous due to the potential, no matter how slight, for retaliation. The City, of course, will respect their desires. Records for tracking individuals eligible for the reward program are maintained by L.A. County Sheriffs. As the disposition of each case is determined, the L.A. County Sheriffs contact the City. Our experience so far shows that it can take as long as a year between the commission of the act and the disposition of the case. Below is the basis for the five rewards under consideration at this time. Date of Act Actions of Informant 12/15/92 Flagged down sheriff's car after observing crime 1/12/93 Called Sheriff to report crime 3 convictions 2/24/93 Called Sheriff, performed Citizen's Arrest 3/2/93 Called Sheriff, observed subject spray painting curb 3/12/93 Called Sheriff, observed subject writing on bus shelter PREPARED BY: Bob Rose Community Services Director Disposition of Case 200 hours community service 150, 100 & 70 hours of community service 100 hours community service 100 hours community service 80 hours community service. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. • %-,. 1 ViiVil� L. neianger, city Manager MEETING DATE: February 1 1994 REPORT DATE: January 28, 1994 FROM: Bob Rose, Community Services Director TITLE: Resolution No. 94 -XX in support of Intervale's Application to AAA for Grant Funds in order to offer a nutritional lunch program on behalf of the City to older adults in the City of Diamond Bar. SUMMARY: The survey of senior households in Diamond Bar indicated a demand for a daily nutritional lunch program. Research conducted by staff has lead to a potential provider of this service, Intervale Senior Services. Intervale can submit a grant request to the Los Angeles County Area Agency on Aging (AAA) on behalf of the City to fund this program. If a nutritional lunch program is offered at Heritage Park Community Center, it is important that we agree that the large room be dedicated for senior use Mondays thru Fridays from 9:00 a. m. to 3:00 p. m., year around. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 94 -XX supporting Intervale's Application to AAA for grant funds in order to offer a nutritional lunch program to older adults in Diamond Bar, on behalf of the City. It is further recommended that the City Council support the dedication of the large room (Community Room) for senior use on Mondays thru Fridays, 9:00 a.m. to 3:00 p.m., year around. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution _ Bid Specifications _ Ordinance X Other: Letter of Support EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X No 2. Does the report require a majority or 415 vote? —Yes Majority 3. Has environmental impact been assessed? X No 4. Has the report been reviewed by a Commission? —Yes Yes X No Which Commission? Parks & Recreation X Yes No 5. Are other departments affected by the report? _ _ Yes X No REVIEWED BY: Terrence L. Belanger Frank Ushe -Zia Bob Rose City Manager Assistant City Manager Community Services Director MEETING DATE: February 1, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 94 - XX in support of Intervale's Application to AAA for Grant Funds in order to offer a nutritional lunch program to older adults in the City of Diamond Bar on behalf of the City. ISSUE STATEMENT: Shall the City Council adopt Resolution No. 94 - XX in support of Intervale Senior Services' application for grant funds from the Area Agency on Aging (AAA) in order to offer a nutritional lunch program for Diamond Bar Senior Citizens on behalf of the City of Diamond Bar. Also, shall the use of the Community Room (large room) at Heritage Park be dedicated for senior use Monday thru Friday, 9:00 am to 3:00 pm, year round. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 94 - XX supporting Intervale's application to AAA for grant funds in order to offer a nutritional lunch program to older adults in Diamond Bar, on behalf of the City. It is further recommended that the City Council support the dedication of the Community Room (large room) for senior use Monday thru Friday, 9:00 am to 3:00 pm, year round. FINANCIAL SUMMARY: All costs related to this senior program would be provided for by AAA grant funding, with the support of already approved C.D.B.G. funding. BACKGROUND: In the Fall of 1992, staff conducted a survey of the senior citizen households in Diamond Bar to determine the type of programs and services that should be offered at Heritage Park Community Center. A total of 1,765 surveys were mailed out and 453 were returned. The results of the survey show that 45% of the seniors are seeking a daily nutritional lunch program. this was the fourth highest requested service, behind day long bus trips, legal aid, and 3 to 4 day bus trips. Each of the first three requested services are already being offered, or are under consideration as a service to be offered to the seniors in Diamond Bar. This makes the nutritional lunch program the highest ranking requested service that has not yet been considered. Staff has researched alternative methods for providing this. service, and they include: 1. Funding from the General Fund, with user fees reimbursing the General Fund. 2. Grant request made by the City. 3. Grant request made by a third party on behalf of the City. Staff has determined that if grant funds can be obtained, receiving funding from the General Fund is not a preferable option. The Area Agency on Aging (AAA) of Los Angeles County is currently accepting grant applications to fund senior services. Due to the statistical demographics sought by AAA in awarding grant funds, Diamond Bar would have a better chance of receiving grant funds through a third party that is currently providing services to seniors in areas that meet the statistical demographics sought by AAA. Staff has located such a third party, Intervale Senior Services. The research staff has completed on Intervale indicates a well run organization that receives high praise from the seniors who participate in their programs, city officials who contract for their services and county administrators who review their grant applications and monitor their compliance with policies and procedures. DISCUSSION: In addition to the question of working with Intervale to serve as the third party to obtain grant funds from AAA, there is an additional policy question that must be answered. Is there a concern with committing.to a daily nutritional lunch program which would result in the year round exclusive use of the large room at the Heritage Park Community Center for senior citizens from 9:00 am to 3:00 pm? The Parks and Recreation Commission expressed its concern over the large room not being available during the day time hours. This is especially a concern during Christmas, Easter and summer vacations for youth programs, such as, Day Camp, for elementary school age children. Staff feels that other locations, such as Sycamore Canyon Park Portable Building, or school District facilities, could be used to serve the needs of school age children. Staff currently schedules the week day use of the large room per the following priority: 9:00 am to 3:00 pm Senior Citizens; 3:00 pm to 6:30 pm Recreation Classes; 6:30 pm to 9:00 pm Community Use/ Public Meetings. Staff feels that this schedule allows the facility to serve the community's variety of needs, plus provides a consistent location for senior citizens to meet on a daily (week days only) basis. Prepared by: Bob Rose Community Services Director RESOLUTION NO. 94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF INTERVALE SENIOR SERVICES, APPLICATION FOR GRANT FUNDS IN ORDER TO OFFER A NUTRITIONAL LUNCH PROGRAM TO THE OLDER ADULT POPULATION OF THE CITY OF DIAMOND BAR ON BEHALF OF THE CITY. WHEREAS, the City Council of the City of Diamond Bar, in recognition of the needs of the community, obtained the funding to construct the Heritage Park Community Center; and WHEREAS, the City Council of the City of Diamond Bar encourages the use of the facility for all age groups; and WHEREAS, the City Council of the City of Diamond Bar recognizes the need for a nutritional lunch program to serve the needs of the older adult population; and WHEREAS, the Los Angeles County Area Agency on Aging offers funding to provide services to the older adult population; and WHEREAS, Intervale Senior Services can apply for funding on behalf of the City of Diamond Bar through the Los Angeles County Area Agency on Aging; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Diamond Bar supports the efforts of Intervale Senior Services to provide a nutritional lunch program to the older adult population of the City of Diamond Bar at the Heritage Park Community Center through grant funds, which must be applied for in a competitive process, offered from the Los Angeles County Area Agency on Aging. February 2, 1994 Don Herring Intervale Senior Services 1647 E. Garvey Avenue South West Covina, CA 91790 Dear Don: On behalf of the City Council of the City of Diamond Bar, I would like to offer my support for your application to include the City of Diamond Bar in your grant request for senior Services to the Los Angeles County Area Agency on Aging. We look forward to working with Intervale Senior Services to provide services to the Senior population in Diamond Bar. Please let us know if the City of Diamond Bar can offer any additional support to your efforts. Please work with Bob Rose, Community Services Director. He can be reached Monday through Friday, 8:00 am to 5:00 pm at (909) 396-5694. Sincerely, Gary Werner Mayor INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager RE: Agreement Between City of Diamond Bar and County of Los Angeles re Property Tax Transfer Adjustment DATE: February 1, 1994 ISSUE: Consideration of an agreement between the City of Diamond Bar and the County of Los Angeles, which adjusts the FY 1989-90 property tax transfer and the three years thereafter (1990-91 through 1992-93); and, establishes a repayment schedule, less a payment for interim services, for property taxes owed for the years 1989-90 through 1992-93. RECOMMENDATION: It is recommended that the City Council approve the agreement between the City of Diamond Bar and the County of Los Angeles for the adjustment of property tax transfers for the years 1989-90 through 1992-93, the repayment of property taxes owed due to the adjustments, the payment of an amount owed for interim services (April 18, 1989 through June 30, 1989) and the dismissal of the lawsuit filed by the City, in March, 1991. DISCUSSION: The City and the County of Los Angeles have reached an agreement on property tax allocation amounts, commencing with Fiscal Year 1989-90 through Fiscal Year 1993-94. The agreement changes the Fiscal Year 1989-90 property tax allocation amount from $997,176 to $1,570,00. The agreement calls for the repayment of property taxes for the period of 1989-90 through 1992-93 in the amount of $2,332,789.14, payable in three (3) installments of $777,596.38. The first repayment installment, which was reduced by the amount owed for interim services ($450,000), will be $327,596.38. The agreement changes the property allocation for Fiscal Year 1993-94 from $1,274,000 to $1,916,000, an increase of $642,000. PROPERTY TAX AGREEMENT FEBRUARY 1, 1994 PAGE TWO In March, 1991, the City filed a lawsuit against the. County disputing the initial year (FY 1989-90) property tax transfer amount and the cost of interim services. The property tax allocation negotiation process commenced after an Appeals Court decision (City of Highland v. San Bernardino County (1992) and the signing into law of SB 1406, which in effect facilitated the renegotiation of property tax transfers. The property tax allocation agreement was negotiated by respective staffs of the City and the County. In the lawsuit which was filed, the City of Diamond Bar asserted that the FY 1989-90 property tax transfer of $997,176 was too low an amount, as compared to the cost of services responsibilities transferred to Diamond Bar upon incorporation (April 18, 1989). In 1992, the District Court of Appeals decided the case of City of Highland v. San Bernardino County. In Highland, the Court ruled that the net cost of services must include indirect costs; and, that the county must adjust the property tax transfer to reflect growth in assessed valuation, when there is a delay between the time of calculating the transfer and actually apportioning the taxes to a city. Shortly after Highland, the Governor signed SB 1406, which codified the Highland decision and stated that the statute of limitations for property tax allocation challenges was three (3) years. Consequently, both the City and the County believed it to be more prudent that the property tax transfer amount be determined by negotiation, rather than by protracted and expensive litigation. On Tuesday, January 25, 1994, the County of Los Angeles Board of Supervisors unanimously approved the proposed agreement, which changes the property tax transfer amounts coming to the City of Diamond and establishes a property tax repayment amount. By the terms of the agreement, the City agrees to dismiss the litigation, which the City filed against the County, in 1991. Prepared By: Terrence L. Belanger SETTLEMENT AGREEMENT This settlement agreement, dated , 199 , is made and entered into by the County of Los Angeles (County) and the City of Diamond Bar (City), (collectively, the "parties"). Whereas, certain disputes concerning the amount of property taxes transferred from County to City upon incorporation have arisen, and Whereas, certain disputes concerning the charges made by County to City for services provided during the period commencing upon incorporation and ending on June 30, 1989 ("interim services") have arisen; and Whereas, City has filed a lawsuit against County, entitled City of Diamond Bar v. County of Los Angeles. et al - Sup. Ct. Case No. BS006315, seeking an increased allocation of property taxes, a reduction in the charges made by County for interim services provided to City, a transfer of revenues received by County during the period of interim services, and interest in connection therewith; Whereas, the Parties wish to compromise and resolve their differences, terminate the litigation and avoid further disputes over the amount of property taxes that County should have transferred to City upon incorporation and the amount charged by County for interim services provided to City; and Whereas, the Chief Administrative Officer of County and the Mayor of City have been duly authorized to execute this agreement; Now, therefore, in consideration of the foregoing recitals and the terms, provisions, obligations, agreements, releases, covenants, rights and duties contained herein, the sufficiency and adequacy of such consideration being hereby acknowledged, the Parties agree as follows: Introduction (a) City alleged that County understated the property tax transfer to which City became entitled upon incorporation, and that instead of $997,176, County should have transferred $2,006,381 in fiscal year 1989-90. (b) City alleged that County failed to allow as credit against charges for interim services the amount of certain revenues collected and retained by County to which City was allegedly entitled, and that, instead of City owing County $514,528.19, County owes City $180,095. (c) In an effort to resolve the dispute and avoid further litigation, the Parties agreed to meet to jointly explore the available facts and to determine whether such facts might allow the parties to compromise their above -stated disputes. The evaluation of the facts led both parties to conclude that, while neither party would formally concede the merits of the other party's position, compromise was in order. This process led to this settlement agreement. (d) The parties agree that the information contained in the attachments to this settlement agreement are only applicable to City, and do not, therefore, apply to any other city. (e) The parties further agree that, to the greatest extent possible, the terms of this settlement agreement shall be kept confidential. 2. Severability Except as expressly provided herein, the individual provisions of this settlement agreement are not severable. 3. Correct Base Year The Parties agree that for purposes of this settlement agreement, the correct base year to be used in determining the cost of services provided by the County for which City has assumed responsibility is fiscal year 1986-87. 4. Cost of Services The Parties agree that the full cost of services provided by the County for which City has assumed responsibility for the base year is as set forth in Attachment I. 5. Pro eeM Tax Ratio The Parties agree that the property tax ratio for the base year is 67.2538° and is properly calculated as set forth in Attachment II. 6. Pro e�rty Tax Transfer (a) For purposes of settlement, the Parties agree that the initial property tax transfer from County to City in fiscal year 1989-90 shall be increased to $1,570,000. The value of that transfer for fiscal years 1989-90 through 1992-93 shall be as calculated by the Auditor -Controller and set forth in Attachment III. For fiscal years beginning with 1993-94, property tax allocations to the City shall be in conformance with the law in effect for those fiscal years. (b) The amount of property taxes that County owes City as calculated by the Auditor -Controller and reflected in Attachment III shall constitute the full amount of property taxes that County owes City for fiscal years prior to 1993-94. (c) County shall pay the amount due for prior fiscal years in three equal annual installments. County shall not be responsible to make any payments under this section until the dismissal referenced in Section 9 below has been entered by the Superior Court and County has received confirmation of that fact. The first installment shall be processed in the February 18, 1994 warrant run, or the first monthly warrant run occurring not less than ten days after County has been notified that the dismissal referenced in Section 9 has been obtained. The remaining installments shall be processed in the warrant runs occurring on August 20, 1994 and August 20, 1995. (d) County shall adjust City's property tax allocation for fiscal year 1993-94 to reflect the impact of this agreement as soon as practicable after receipt of notification that the dismissal referenced in Section 9 has been obtained but not more than 30 days after receipt of said notification. If actual data required for such adjustment is unavailable at that time, County shall estimate the 1993-94 fiscal year impact of this agreement and allocate taxes to City based upon that estimate. If an estimate is used, the estimate shall be reconciled to actual data and any required adjustments shall take place no later than August 31, 1994. City's beginning property tax allocation for fiscal year 1993-94, as calculated by the Auditor -Controller, shall be that referenced in Attachment IV; however, the Parties acknowledge that said property tax allocation may be adjusted from time to time to reflect changes in assessed valuation and actions that might alter those provisions of the Constitution, statutes, or regulations of the State of California governing property tax levy and allocation. 7. Charges for Interim Services (a) For purposes of settlement, the Parties agree that City shall pay to County the sum of $450,000, less any payments already made by City, for interim services; however, said amount will be applied to offset annual payments owed by County to City pursuant to Section 6. (b) If the first annual payment owed by County to City is less than the total balance owed by City, City shall not pay County the balance, but rather the balance shall be applied as partial payment against amounts owed City by County in the August 20, 1994 payment. 8. Interest Parties agree that the settlement amounts set forth in this settlement agreement represent principal only, and that no interest shall be applied and owed by either party for past or future periods as long as the terms of this agreement are met. 9. The Litigation In consideration of the above, City agrees to dismiss Case No. BS006315 with prejudice with each party to bear its own costs. City further agrees to forever relieve, release and discharge County, its officers, agents and employees, from any and all claims, debts, liabilities, demands, obligations, costs and expenses, damages, actions and causes of action, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, based on, arising out of, or in any way connected with the aforementioned Case No. BS006315. Mayor City of Diamond Bar Approved as to Form: City Attorney City of Diamond Bar Attest: City Clerk City of Diamond Bar Chief Administrative Officer County of Los Angeles Approved as to Form: County Counsel County of Los Angeles DIAMOND BAR LAWSUIT 1986-87 Revenue I Div Total Revenue I Dept Department Cost Net Cost I Overhead Cost Net Cost I Overhead ------------------------------ ---------------------il --------- ---------- ----------II -------- Animal Care & Control II II Salaries & Wages 22,422 (51,663)11 0.31869 29,568 (51,663)11 0.12866 Employee Benefits a 35.663% 7,997 11 7,997 I1 Other (S&S, Fixed Assets) 5,500 1 5,500 11 -------- ---------II --------- ----------II Subtotal 35,919 (15,744)11 43,065 (8,598)11 11 11 Parks & Recreation II II Salaries & Wages 55,078 (22,240)11 0.21867 67,122 (22,240)11 0.10355 Employee Benefits a 7.397% 3,541 11 3,541 11 Other (S&S, Fixed Assets) 124,240 11 124,240 11 ----------- ----------11 -------- ---------- Subtotal '------Subtotal 182,859 160,619 11 194,903 172,663 II II II Public Works (Engineer) 11 II Salaries & Wages 0 0 11 NA 0 0 1 NA Employee Benefits a 0 11 0 11 Other (S&S, Fixed Assets) 30,000 11 30,000 11 ---------- ----------Il--------------------II Subtotal 30,000 30,000 11 30,000 30,000 11 II II Regional Planning II II Salaries & Wages 115,661 (128,130)11 0.17824 136,276 (128,130)11 0.24931 Employee Benefits a 29.024% 33,569 11 33,569 II Other (S&S, Fixed Assets) 9,438 11 9,438 II ----------- ----------11 ---------- ----------II Subtotal 158,668 30,538 11 179,283 51,153 11 II II Sheriff II 11 Salaries & Wages 890,211 0 11 0.00000 890,211 0 11 0.08936 Employee Benefits a 33.797% 338,704 11 338,704 II other (S&S, Fixed Assets) 72,435 11 72,435 II ---------------------11--------------------II Subtotal 1,301,350 1,301,350 11 1,301,350 1,301,350 11 II II Grand Total 1,708,796 1,506,763 11 1,748,601 1,546,568 II Total Revenue II Co -wide Total Revenue II Cost Net Cost II Overhead Cost Net Cost II ---------- ----------II --------- ---------- ----------II II II 32,452 (51,663)11 0.17587 36,396 (51,663)11 7,997 11 7,997 11 5,500 11 5,500 11 ---------- ----------11 ---------- ---------- 11 45,949 (5,714)11 49,893 (1,770)11 11 11 11 11 72,825 (22,240)11 0.09395 78,000 (22,240)11 3,541 11 3,541 II 124,240 11 124,240 11 --- - ------------- - II ---------- ----------II 200,606 178,366 11 205,781 183,541 II II II II II 0 0 11 NA 0 0 11 D II D II 30,000 11 30,000 II --------- ----------11 ---------- ----------II 30,000 30,000 11 30,000 30,000 11 II II II II 165,112 (128,130)11 0.11494 178,406 (128,130)11 33,569 11 33,569 11 9,438 11 9,438 11 ---------- ----------11 ---------- ----------11 208,119 79,989 11 221,413 93,283 11 II it II II 969,760 0 11 0.02856 995,185 0 II 338,704 11 338,704 II 72,435 11 72,435 II 1,380,899 1,380,899 11 1,406,324 1,406,324 I I 1,865,574 1,663,541 11 1,913,410 1,711,377 t rtr rt w n 9 fD D r'h H Attachment II DIAMOND BAR LAWSUIT Franchises Fines and Forfeitures Vehicle Code Other Court Fines Forfeitures and Penalties 8101 4,880,496 5.408,534 5,408,534 8402 9,774,749 9,744,149 Original County Proper County Lawsuit 0 8430 6.139,161 --------------- Position --------------- Position Allegations General Purpose Revenues 135 --------------- --------------- ------------------------ Property Taxes Current Secured 8003 1,168,855,067 1,168,855.068 1,210.943.049 Current Secured Deferral 8005 0 (2,000,000) 0 Current Unsecured 8007 104,230,961 104,230,962 104,387,706 Prior Secured 8011 4,545.306 4,545,307 14,826,914 Prior Unsecured 8015 (2,758,689) (2,758,689) (3,193,714) Prior Secured Refund 8013 (1,308,589) (7,308,589) 0 Prior Unsecured Refund 8017 (1,260,811) (1,260,811) 0 Current Unsecured Countywide 8039 1,335 1,336 0 -- -SB SB 813 Supplemental 1986-87 8031 32,063,624 32,063,625 ,0' SB 813 1983-84 8032 5.508 0 0 SB 813 1984-85 8033 (562,838) 0 0 SB 813 1985-86 8034 17.915.789 0 D HOX 0 --------------- 38,673,780 --------------- 38,673,760 1,315.726,663 1,335,041,989 --------------- 1.365,637,735 CRA CRA Impound Secured 8004 12,024,356 12,024,357 0 CRA Impound Unsecured 8008 155,408 155.408 0 Prior CRA Impound Secured 8012 231.137 231,737 0 Prior CRA Impound Unsecured 8016 825,786 --------------- 825,787 0 13,237,287 --------------- 13,237,289 --------------- 0 Other Taxes SB 813 1983-84 8032 0 5.509 41,836,179 SB 813 1984-85 8033 0 (562,839) 0 SB 813 1985-86 8034 0 17,915,790 0 Delinquent Penalties and Costs 8019 11.897,867 8,552,071 0 Sales and Use Taxes 8025 39,279,737 39,279,738 0 Aircraft 8055 2.133.500 2.133,501 0 Deed Transfer Tax 8057 27,400,067 27,400,068 0 Transient Occupancy 8063 3,144,582 --------------- 3.144,582 0 83,855,753 --------------- 97,868.420 --------------- 41,836,179 Franchises Fines and Forfeitures Vehicle Code Other Court Fines Forfeitures and Penalties 8101 4,880,496 5.408,534 5,408,534 8402 9,774,749 9,744,149 135 8420 19,828,260 19,828,263 0 8430 6.139,161 --------------- 6,139,163 0 35,742,170 --------------- --------------- 35,712,175 135 Revenue from Use of Money Interest Rents and Concessions Royalties State and Federal In -Lieu Motor Vehicle In -Lieu Trailer Coach HOX Cigarette Federal Other Licenses and Permits Other Revenue Miscellaneous Other Sales Miscellaneous Revenue Sale of Fixed Assets Operating Transfer In Residual Equity Transfer Federal Revenue Sharing Allocation Interest Fund Balance Grand Total Discretionary Revenue Property Tax Ratio dbarl - RLM - 2/20/93 DIAMOND BAR LAWSUIT Original County Proper County Lawsuit Position --------------- Position --------------- Allegations --------------- 8602 96,331,532 96.331,534 0 8630 10,593,632 10,581,666 0 8660 698,453 --------------- 698,453 0 107,623,617 --------------- 107,611,653 --------------- 0 8714 303,016,148 303,016,148 357,994,862 8718 1,211,130 1,217,131 0 8820 38,673,779 0 0 8835 1,223,140 1,223,141 4 = 9009 468,948 --------------- 468,948 0 344,599,145 --------------- 305,925,368 --------------- 357,994,862 8121 1,010,227 1,010,227 0 9602 0 0 0 9640 2,780,924 2,780,932 52,692,651 9678 40,862,875 42,827,364 0 9905 333,004 333,005 0 9911 16,104,679 16,104,679 0 9926 7,829,234 --------------- 7,829,234 0 67,910,716 --------------- 69,875,214 --------------- 52,692,651 13,365,025 13,370,025 0 19,589 --------------- 18,860 --------------- 0 13,384,614 13,388,885 --------------- 0 0 0 0 1,987,970,688 1,985,079,754 1,823,570,096 66.1844% 67.2538% 74.8881% Attachment III CITY OF DIAMOND BAR SCHEDULE OF PAYMENTS 11 ADJUSTED AMT. 1 11 PRIOR PAID --] 11 DUE 1989-90 $1,491,786.99 1990-91 $1,725,975.03 1991-92 $1,997,337.13 1992-93 $1,840,359.75 TOTAL $7,055,458.90 INSTALLMENT FEBRUARY 18, 1994 $777,596.38 AUGUST 19,1994 $777,596.38 AUGUST 18,1995 $777,596.38 TOTAL DBSUM $2,332,789.14 $955,095.07 $1,171,917.14 $1,367,887.74 $1,227,769.81 $4,722,669.76 ($450,000.00) $0.00 $0.00 ($450, 000.00) $536,691.92 $554,057.89 $629,449.39 $612,589.94 $2,332,789.14 $327,596.38 $777,596.38 $777,596.38 $1,882,789.14 [`ITV or Ml k"InWO BAn REVENUE CALCULATIoni F/Y 1989-90 BASE REVENUE COUNTYWIDE GROSS PTR LESS: CRA LOSS COUNTYWIDE NET PTR GROSS PTR RATIO NET PTR RATIO F/Y 1989-90 COLLECTIONS SECURED UNSECURED HOX REFUNDS TOTAL LESS: AMOUNT PAID NET DUE CITY A= 1, 570, 000.00 B= 3,784,406,927.99 324,882,729.44 C= 3,459, 524,198.55 D= A/ B 0.000414860 E= A / C 0.000453820 AA/AU/RA LEDGERS 3, 289,163, 999.25 x D 229,768,225.36 x E 77,183,185.07 x D (216,711.1 1)x D AMT. DU E 1, 364, 543.40 95, 321.70 32,020.24 (98.35) 1, 491, 786.99 955, 095.07 536,691.92 AUDITOR—CONTROLLER DISBURSEMENTS/TAX DIVISION CITY OF DIAMOND BAR SCHEDULE OF TAX PAYMENTS (July 1, 1989 thru June 30, 1990) FISCAL YEAR 1989-90 PAID DATE CATEGORY TOTAL 08-29-90 UNSECURED FINAL $3,339.91 08-16-90 SECURED FINAL $16,159.15 08-16-90 100% HOX $22,247.35 08-16-90 REFUNDS ($62.46) 07-11-90 SECURED 3RD PAID $14,649.59 05-18-90 SECURED 2ND PAID $62,569.40 05-15-90 SECURED 40%THRU 85% $773,303.42 05-15-90 UNSECURED 80%THRU 2ND PAID $62,888.71 TOTAL $955.095.07 DBPAY89 CITY OF DIAMOND BAR REVENUE CALCULATION F/Y 1990-91 F/Y 1990-91 ASSESSED VALUATIONS LESS: F/Y 89-90 ASSESSED VALUATIONS F/Y 1990-91 INCREMENT A.V. X RATE INCREMENT LEVY ADJUSTED ATI RATIO 90-91 (SCHED "A") INCREMENT REVENUE (90-91) BASE REVENUE COMBINED REVENUE COUNTYWIDE GROSS PTR (90-91) LESS: CRA LOSS COUNTYWIDE NET PTR (90-91) CITY GROSS PTR CITY NET PTR F/Y 90-91 COLLECTIONS SECURED UNSECURED SUPPLEMENTALS 90 HOX ADMIN COST 1990-91 (SCHED B) TRAILER FEES REVISED AMOUNT DUE CITY LESS: PAID ADJUSTED AMT. DUE CITY 9:•l 2,960,992,274 2.597.761.257 363,231,017 0.01 A= 3, 632, 310.17 B= 0.060436655 A x B = 219,524.68 1,570,000.00 C= 1,789,524.68 D= 4,216,921,161.89 383,212,785.22 E= 3,833,708,376.67 F= C/D G= C/E 3,719,166,498.20 x F 301,483,381.24 x F 43, 526, 675.32 x F 75,960,439.45 x G BASED ON SOLVENT RATIO 0.000424368 0.000466787 1,578,293.73 127,939.78 18,471.31 35,457.33 (36, 898.94) 2,711.82 1,725, 975.03 1.171.917.14 554,057.89 ATI RATIO COMPUTATION CITY OF DIAMOND BAR F/Y 1990-91 BASE REVENUE = 1,570,000 SEC/UNS RATE NET A.V. 1 % = 2,597,761,257 = 1,570,000 2597761257 x.01 1,570,000 25,977,613 ATI RATIO (1991 - 92) = 0.060436654 F/Y 1990-91 BASE REVENUE 1989-90 BASE REVENUE ATI RATIO CHANGE ATI RATIO 1989-90 ADD: ATI TRANSFER FROM #1.05 ADJUSTED ATI RATIO 90-91 1.570.000.00 1,570 000.00 0.038385976 0.022050678 0.060436654 SCHEDULE "A" AUDITOR -CONTROLLER, DISBURSEMENTSITAX DIVISION ADMIN COST FOR COUNTY/CITIES UNDER SB2557 F/1 O90-91 SCHEDULE B CO/1MDETOTAL 3.919.549.260.80 #146.01 FIX 1990-91 #001.05 CITY OF DIAMOND BAR 14 973.19 ADMIN COST DBA 1989-90 191191191 1989-90 1989-90 AG NCY AF91 UNESCO ADJUSTED ADJUSTED ADMIN COST OTHER ADJ. CITIES COMM. ADJUSTED AC CITIES GROSS PTR PKABCR NET PTR PTR NET CRA $92.119.316.00 ADMIN COST ADMIN COSI CHARGES ADMIN COST (1) (2)(3)(4) (5) (6) (7) (8) (9) (10) (1 1) (1+2+3+4) (Rett 5 to Tot.) (6 z ADMIN COST) (7+8) (9+10) 14801 DIAMOND BAR 1,570,000.00 * * * 1,570,000.00 0.000400556 36,898.94 36,898.94 36,898.94 146;01 DIAMOND BAR 932,910.18 * * * 932,910.18 0.000238015 21,925.75 21,925.75 21,925.75 CHANGE --------------- 637,089.82 k ---------- * 637,089.82 ------- 0.000162543 ---------------------- 14,973.19 0.00 ------- 14,973.19 0.00 14.973.19 CO/1MDETOTAL 3.919.549.260.80 #146.01 FIX 1990-91 #001.05 CITY OF DIAMOND BAR 14 973.19 ADMIN COST DBA AUDITOR—CONTROLLER DISBURSEMENTSJTAX DIVISION CITY OF DIAMOND BAR SCHEDULE OF TAX PAYMENTS (July 1, 1990 thru June 30, 1991) FISCAL YEAR 1990-91 PAID DATE CATEGORY DBPAY90 $19,141.22 08-29-91 SECURED FINAL $7,278.49 08-29-91 UNSECURED FINAL $15,443.17 07-11-91 SECURED 3RD PAID $5,229.85 06-28-91 SUPP SB813 — 90 2ND PAID $2,711.82 06-28-91 TRAILER FEES $3,539.98 06-05-91 FINAL 15% HOX $7,064.39 05-31-91 SUPP SB813 — 901 ST PAID $68,241.34 05-20-91 SECURED 2ND PAID $8,259.95 05-03-91 2ND 35% HOX $360,953.09 04-16-91 SECURED 85% ADV $11,519.67 03-06-91 UNSECURED 2ND PAID $39,537.81 02-20-91 SECURED 1ST PAID $108,967.94 01-04-91 SECURED 10% ADV $8,259.95 01-04-91 1 ST 35% HOX ($65.17) 01-04-91 HOX ADJUSTMENT $435,871.76 12-18-90 SECURED 400/c ADV $3,605.15 12-05-90 1 ST 15% HOX $3,470.05 10-16-90 UNSECURED 1ST PAID $62,886.68 08-29-90 UNSECURED 80% ADVANCE $1,171,917.14 TOTAL DBPAY90 trl l T yr uiHnnvnvu r3AP7 REVENUE CALCULATION F/Y 1991-92 F/Y 1991-92 ASSESSED VALUATIONS LESS: F/Y 90-91 ASSESSED VALUATIONS F/Y 1991-92 INCREMENT A.V. X RATE INCREMENT LEVY ADJUSTED ATI RATIO 91-92 INCREMENT REVENUE (91-92) ADD: ADJ.BASE REVENUE (SCHED. A) COMBINED REVENUE COUNTYWIDE GROSS PTR (91-92) LESS: CRA LOSS COUNTYWIDE NET PTR (91-92) CITY GROSS PTR CITY NET PTR F/Y 91-92 COLLECTIONS 3,315,936,684 2, 960, 992, 274 D= 4,617,217,167.20 439,312,861.44 E= 4,177, 904, 305.76 F= C/D G= C/E SECURED 354, 944, 410 UNSECURED 0.01 A= 3,549,444.10 B= 0.060436654 A x B = 214,516.52 HOX 1,789,524.68 C= 2,004, 041.20 D= 4,617,217,167.20 439,312,861.44 E= 4,177, 904, 305.76 F= C/D G= C/E SECURED 4,050,410,357.29 x F UNSECURED 287,168,017.64 x F REDEMPTION 199,184,944.97 x 91 SUPPLEMENTALS 91 28,268,618.76 x F SUPPLEMENTALS 90 62,989,398.64 x F HOX 76, 053, 654.58 x G REFUNDS (51,801,366.18)x F RED SUPPLEMENTAL 19,255,196.56 x 91 RACEHORSE / AUCTION 219,514.63 x G ADMIN COST 91-92 (SCHED.B) TRAILER FEES BASED ON SOLVENT RATIO REVISED AMOUNT DUE CITY LESS: PAID ADJUSTED AMT. DUE CITY - NET NET 0.000434037 0.000479676 1, 758, 026.31 124,641.43 91, 745.78 12,269.61 27, 339.70 36,481.13 (22,483.69) 5,982.32 105.30 (42,477.10) 5,706.34 19997,337.13 1, 367, 887.74 629,449.39 ATI RATIO COMPUTATION SCHEDULE "A" CITY OF DIAMOND BAR F/Y 1991-92 BASE REVENUE = 1,570,000 SEC/UNS RATE NET A.V. 1% = 2,597,761,257 = 1,570,000 2597761257 X.01 1,570,000 25, 977, 613 ATI RATIO (1991 - 92) = 0.060436654 FN 1991-92 BASE REVENUE 1990-91 1,789,524.68 BASE REVENUE 1,789,524.68 ATI RATIO CHANGE ATI RATIO 1990-91 0.060436654 0.000000000 ADD: ATI TRANSFER FROM #1.05 ADJUSTED ATI RATIO 90-91 0.060436654 DB90-1 AU<ITOR-CONTROLLER, DISBURSEMENTS/TAX DIVISION ADON COST FOR COUNTY/CITIES UNDER 882557 F/Y' 1991-92 SCHEDULE COIWIDETOTAL 4.351.904.756.24 #146.01 CITY OF DIAMOND BARFL 1 DB91 -4 F/Y 1991-92 f2LI 0_5 33 684.54 -�- ADMIN COST 1990-91 19119!191 1990-91 1990-91 AG INCY AF91 UNESCO ADJUSTED ADJUSTED ADMIN COST OTHER ADJ. CITIES COMM. ADJUSTED ACWTCITIES GROSS PTR DKA ----NET PTR PTR NET CRA $109.299.089.00 ADMIN COST ADMIN COSI CHARGES ADMIN COST (1) -83 -0 (2)(3)(4) (5) (6) (7) (6) (8) (10) (1 1) (1+2+3+4) (Ratio 5 to Tot.) (6 z ADMIN COST) (7+8) (9+10) 146)1 DIAMOND BAR 1,789,524.68 ' • " 1,789,524.68 0.000411205 42,477.10 42,477.10 42,477.10 146,)1 DIAMOND BAR 1,219,006.47 - ; * 1,213,006.47 0.000278730 28,792.56 ------------- 28,792.56 -------------------------- 28,792.56 ---------- CHANGE -------------- 576,518.21 e ! -------------- " 576,518.21 ----------- 0.000132475 13,664.54 0.00 13,684.54 0.00 13,684.54 COIWIDETOTAL 4.351.904.756.24 #146.01 CITY OF DIAMOND BARFL 1 DB91 -4 F/Y 1991-92 f2LI 0_5 33 684.54 -�- ADMIN COST AUDITOR—CONTROLLER DISBURSEMENTS/TAX DIVISION CITY OF DIAMOND BAR SCHEDULE OF TAX PAYMENTS (July 1, 1991 thru June 30, 1992) FISCAL YEAR 1991-92 PAID DATE CATEGORY TOTAL 08-29-92 UNSECURED FINAL $3,283.71 08-18-92 SECURED FINAL $3,438.54 08-18-92 REDEMPTION FINAL $5,794.21 07-14-92 SECURED 3RD PAID $27,777.43 06-05-92 FINAL 15% HOX $3,632.16 06-05-92 HOX PRIOR ADJUSTMENT $152.47 05-29-92 SUPP SB813 — 91 1 ST PAID $8,202.20 05-22-92 RED 3RD QTR $13,519.20 05-22-92 SECURED 2ND PAID $82,041.58 05-06-92 2ND 35% HOX $8,475.05 04-30-92 SUPP SB813 — 90 6TH PAID $4,307.62 04-30-92 RACEHORSE $20.00 04-17-92 SECURED 85% ADV $411,039.53 04-17-92 REFUNDS ($8,948.12) 03-31-92 RED SUPP $3,315.08 03-06-92 UNS 2ND PAID $9,290.69 02-28-92 AUCTION SALE $50.39 02-21-92 SEC 1ST PAID $34,764.63 02-21-92 RED 2ND QTR $24,151.83 01-31-92 TRAILER FEES JAN THRU JUNE $3,088.84 01-31-92 RED SUPP SB813 $2,667.24 01-31-92 UNS MANUAL ADJUSTMENT $357.33 01-31-92 SUPP SB813 — 90 5TH PAID $2,044.07 01-08-92 SEC 10% ADV $123,234.59 01-08-92 1 ST 35% HOX $8,475.05 12-20-91 SEC 40% ADV $492,938.37 12-20-91 REFUNDS ($6,082.15) 12-06-91 1 ST 15% HOX $3,632.16 11-18-91 RED 1ST QTR $18,418.72 10-31-91 SUPP SB813 — 90 4TH PAID $5,678.35 10-18-91 UNS 1ST PAID $6,309.79 10-18-91 TRAILER FEES JULY THRU DEC $2,617.50 08-30-91 SUPP SB813 — 90 3RD PAID $5,761.50 08-30-91 UNSEC 80% ADVANCE $64,438.18 TOTAL 1 367887.74 DBPAY91 CITY OF DIAMOND BAR REVENUE CALCULATION F/Y 1992-93 F/Y 1992-93 ASSESSED VALUATIONS 4,279,316,043.80 x F 3,510,903,368 LESS: F/Y 91-92 ASSESSED VALUATIONS 273,908,595.98 x F 3,315,936,684 REDEMPTION F/Y 1992-93 INCREMENT A.V. 119,718.25 194,966,684 X RATE 10,090.79 0.01 56,832,826.70 x 91 GR INCREMENT LEVY A= 1,949,666.84 ADJUSTED ATI RATIO 92-93 B= 0.054997356 31,921.94 INCREMENT REVENUE (92-93) A x B = 107,226.52 ADD: ADJUSTED BASE REVENUE (SCHED "A") (120,735.28)x F 1,728,018.92 COMBINED REVENUE C= 1,835,245.44 COUNTYWIDE GROSS PTR (92-93) D= 4,884,962,667.72 LESS: CRA LOSS 471,215,282.60 COUNTYWIDE NET PTR (92-93) E= 4,413,747,385.12 CITY GROSS PTR F= C / D 0.000375693 CITY NET PTR G= C / E 0.000415802 FN 92-93 COLLECTIONS SECURED 4,279,316,043.80 x F 1,607,708.35 UNSECURED 273,908,595.98 x F 102,905.50 REDEMPTION 250,343,979.83 x 91 NET 119,718.25 SUPPLEMENTALS 90 24,073,370.79 x 90 GR 10,090.79 SUPPLEMENTALS 91 56,832,826.70 x 91 GR 24,592.36 SUPPLEMENTALS 92 27,766,360.66 x F 10,431.62 HOX 76,771,965.78 x G 31,921.94 REFUNDS 90-91 (86,936,668.57)x F (32,661.48) REFUNDS 91-92 (120,735.28)x F (45.37) REFUNDS (MANUAL) ATI (91,493.31)x ATI (5,529.55) RED SUPPLEMENTAL 23,104,326.75 x 91 NET 4,672.97 ADMIN COST 92-93 (SCHED.B) (38,002.67) RR SETTLEMNT/MIS.TRAS (18,310.07)x ATI (1,106.60) TRAILER FEES BASED ON SOLVENT RATIO 5,663.64 REVISED AMOUNT DUE CITY 1,840,359.75 LESS: PAID 1, 227, 769.81 ADJUSTED AMT. DUE CITY 612,589.94 X:• ATI RATIO COMPUTATION SCHEDULE "A" DIAMOND BAR F/Y 1992-93 BASE REVENUE = 1,570,000 SEC/UNS RATE NET A.V. 1 % = 2,597,761,257 1,570,000 2597761257 x.01 1,570,000 25,977,613 ATI RATIO (1991-92) = 0.060436655 FN 1992-93 SB617 SHIFT COMBINED REVENUE (91-92) 2,004,041.20 TOTAL BASE SHIFT (SEE SCHED.A-1) 286,627.10 LESS: ATI GROWTH (10,604.82 276,022.28 ADJUSTED BASE REVENUE 1,728,018.92 ATI RATIO CHANGE ATI RATIO 1991-92 0.060436655 LESS: ATI TRANSFER (SEE SCHED A-2) 0.005439299 ADJUSTED ATI RATIO 92-93 0.054997356 DBAR1 AUDITOR -CONTROLLER, DISBURSEMENTSTAXDIVISION DIAMOND BAR - SB817 TRANSFER FT 19D2-93 SCHEDULE'A-1' ODD BASE SHIFT 146,01 DIAMOND BAR 33,159,366.64_ 35,109,033.68 0_056796666 1339,03.36 2192575 136161913 12254572 7205.30 74.115 12226975 719025 3382143 225405!9• NEW BASE SHFT DUE TO #400.00 146.01 DIAMOND BAR 33.159 36684 35109 093_68 0058798865 604.347.82 (21 925 751 642 422 07 57 817.00 3399.4! O m 000 000 000 61 �7 51 #146.01 CITY OF DIAMOND BAR D B5 HY 1992-03 #400A 57 817.98 + 3X9,52 = 1 1751 ERAF FACTOR FILE ABS ADJUSTEDFF. SV13(NET OF CRN ATI (NETOFCRAPTR) FT 1990-91 (NET OF CRA PTR) TOTAL POPULATION GROWTH DISASTER TOTA 1991-92A.V. 1992-93A.V. PERCENTAGE W-93JC's INCL. ADMIN COST ABB SEC 97.03 (B) SEC 97.03 (B) POPULATIC TAX SHIFT ON POPU.AT REDUCTION BAST ACCT.# CITIES I COUNTY CITYTOTAL CITYTOTAL (+l-) FIY 1091-92 REVERSAL F/Y1991-92 9%TAXSHFT ATI (+I-) aof l -1 -MEC 07.01(A) SEC 97.03(B)CHAPTER 70C SHF' (COL 1) (COL 2) (COL 3) (COL 4) (COL 5) (COL 5) (COL 7) (COL B) (COL 9) (COL 10) (COL 11) (COL 15) (COL 1) x 01) IAV x.01) (Col 4+51 (Col 6x 9%) (0017x3) 1C019xrWAI (00110x31 NEW BASE SHSHIFTIA.V 146.01 DIAMOND BAR 33,159,366.84 35,109,033.68 0.058796866 2,004,041.20 0.00 2,004,041.20 160,363.71 10,804.82 74,115 122289.75 7,19025 33,821.43 M.02.1 C3 ODD BASE SHIFT 146,01 DIAMOND BAR 33,159,366.64_ 35,109,033.68 0_056796666 1339,03.36 2192575 136161913 12254572 7205.30 74.115 12226975 719025 3382143 225405!9• NEW BASE SHFT DUE TO #400.00 146.01 DIAMOND BAR 33.159 36684 35109 093_68 0058798865 604.347.82 (21 925 751 642 422 07 57 817.00 3399.4! O m 000 000 000 61 �7 51 #146.01 CITY OF DIAMOND BAR D B5 HY 1992-03 #400A 57 817.98 + 3X9,52 = 1 1751 ERAF AUDITOR—CONTROLLER, DISBURSEMENTSITAX DIVISION SB617 — ATI RATIO CHANGES F/Y 1992-93 ACCT.: CITIES/COUNTY DBAR2 SCHEDULE A-2 SV131991-92 GROWTH ATI RATIO GROSS OF CRA SEC 97.03 (B) AB1197 AB1197 ON AB1197 TRANSFER COUNTY/CITY 9% TAX SHIFT F/Y 1991-92 9% TAX SHIFT SEC 97.03 (B) TOTAL (COL 1) (COL 2) (COLS) (COL 4) (COLS) (OOL 6) (AV.:.01) (Co13.9%) (Col 2+4) (Colt/1) (C01511).. 146.01 DIAMOND BAR 33,159,366.84 180,363.71 0.00 0.00 aoo 0.005439299 DIAMOND BAR ADMIN COST (S82557) SCHEDULE OF CHANGE F/Y 1992-93 SCHEDULE B 1992-93 19119:191 1992-93 1992-93 AGENCY AF91 UNESCO ADJUSTED ADJUSTED ADMIN COST OTHER ADJ. CITIES COMM. ADJUSTED ACCT CITIES GR033 PTR pkAB.QR NET PTR PTR NET CRA 5110.514.653.00 ADMIN 008T ADMIN 0037 CHGS ADMIN COST (1) (2)(3)(4) (5) (6) (7) (6) (9) (10) (11) (1+2+3+4) (Ratio 5 to Tot.) (6 x ADMIN COST) (7+6) (9+10) 146.01 DIAMOND BAR • 1.728,018.92 • • 1,728,018.92 0.000349870 38,002.67 38,002.67 38,002.67 146.01 DIAMOND BAR 1,210,889.64 1,210,889.64 0.000240963 26,629.94 26,629.94 26,629.94 CHG 517.129.28 517,129.28 0.000102907 11,372.73 11,372.73 11 972 73 COUNTYWIDE TOTAL 5 025 204 536.60 1146.01 FIY 1992-93 CITY OF DIAMOND BAR 11,372.73 DBAR4 •001.05 ADMIN COST Jll 1[%ITAl1 nA4JT [']AI l CA DISBURSEMENTSITAX DIVISION CITY OF DIAMOND BAR SCHEDULE OF TAX PAYMENTS (July 1,1992 thru June 30, 1993) FISCAL YEAR 1992-93 PAID DATE CATEGORY TOTAL 08-20-93 SEC FINAL $9,083.51 08-20-93 UNS FINAL $5,556.73 08-20-93 RED FINAL $13,314.90 07-20-93 SEC 3RD PAID $26,296.10 06-30-93 RED MANUAL ADJUSTMENTS $84.46 06-30-93 UNSECURED ADJUSTMENTS $2,261.02 06-30-93 SECURED ADJUSTMENTS $167.10 06-30-93 SUPP SB813— 91 7TH PD $2,392.99 06-30-93 RED SUPP— OTHERS 3RD QTR $2,040.77 06-30-93 SUPP SB813— 92 3RD PD $1,294.24 06-30-93 REFUNDS P.A. ($38.72) 06-07-93 FINAL 15% HOX $136.69 06-07-93 HOX PRIOR ADJUSTMENTS $23.16 05-28-93 SUPP SB813-90 13TH PD $764.12 05-28-93 SUPP SB813-92 2ND PD $3,008.79 05-21-93 SEC 2ND PAID $58,543.13 05-21-93 REFUND PEN ADJUSTMENTS ($1,260.82) 05-21-93 RED 3RD QTR $20,414.46 05-07-93 2ND 35% HOX $8,607.29 04-30-93 SEC REFUNDS ($32.19) 04-30-93 SUPP SB813— 92 1 ST PD $2,406.69 04-30-93 SUPP SB813— 91 6TH PD $1,336.11 04-30-93 SUPP SB813— 90 12TH PD $633.48 04-16-93 SEC REFUNDS EXCEPTION ($3,512.06) 04-16-93 SEC REFUNDS 91 PRIOR ($12,152.05) 04-16-93 SEC 85% ADV $385,642.51 03-31-93 RED SUPP— OTHERS 2ND QTR $3,151.60 03-08-93 UNS 2ND PAID ($5,506.49) 02-26-93 SUPP SB813 — 9011TH PD $592.35 02-22-93 SEC 1ST PAID $22,454.86 02-22-93 RED 2ND QTR $24,841.43 02-22-93 SB2557 ADMIN COST ($26,629.94) 02-22-93 SEC PRIOR REFUNDS ($3,098.16) 01-29-93 TRAILER FEES JAN THRU JUNE $3,039.21 01-29-93 SEC SB813 — 91 5TH PD $2,755.38 01-08-93 SEC 10% ADV $111,748.20 01-08-93 1 ST 35% HOX $8,607.29 12-21-92 SEC 40% ADV $446,992.83 DBPAY92 11V pITO1'l C�rT.'-.O rccl-. DISBURSEMENTS/TAX DIVISION CITY OF DIAMOND BAR SCHEDULE OF TAX PAYMENTS (July 1,1992 thru June 30, 1993) FISCAL YEAR 1992-93 PAID DATE CATEGORY TOTAL 12-21-92 RR SETTLEMENT ($683.24) 12-07-92 MISPLACED TRA CORR ($19.61) 12-07-92 1 ST 15% HOX $3,688.84 11-30-92 SUPP SB813 — 9010TH PD $304.26 11-30-92 SUPP SB813 — 91 4TH PD $2,252.68 11-30-92 RED SUPP — OTHERS 1 ST QTR $2,216.30 11-18-92 RED 1 ST QTR $21,705.00 10-30-92 AUCTION SALE $10.78 10-19-92 UNS 1ST PAID $7,971.78 10-19-92 TRAILER FEES JULY THRU DEC $2,613.65 09-30-92 SUPP SB813 — 90 9TH PD $2,103.23 09-30-92 SUPP SB813 — 91 3RD PD $3,447.27 08-31-92 RED SUPP — OTHERS $1,324.31 08-31-92 80% ADVANCE $66,103.89 07-31-92 SUPP SB813 — 91 2ND PD $5,074.99 07-31-92 SUPP SB813 — 90 8TH PD $1,988.55 07-31-92 SEC PRIOR REFUNDS ($8,293.84) TOTAL11 1 227 769.81 DBPAY92 CITY DF oe�n�o►-ice c3�ra ESTIMATED REVENUE F/Y 1993-94 F/Y 1992-93 ASSESSED VALUATIONS LESS: F/Y 92-93 ASSESSED VALUATIONS F/Y 1992-93 INCREMENT A.V. X RATE INCREMENT LEVY ADJUSTED ATI RATIO 93-94 ESTIMATED INCREMENT REVENUE (93-94) ADD: ADJUSTED BASE REVENUE (SCHED "A") COMBINED REVENUE Attachment IV 3, 561, 887,140 3, 510, 903, 368 50, 983, 772 0.01 A= 509,837.72 B= 0.052874961 A x B = 26, 957.65 1,889,128.14 C= 1,916,085.79 ATI RATIO OOMPUTATIOIV vccvv�c DIAMOND BAR F/Y 1993-94 BASE REVENUE = 1,570,000 SEC/UNS RATE NET A.V. 1 % = 2,597,761,257 = 1,570,000 2597761257 x.01 1,570,000 25, 977, 613 ATI RATIO (1991-92) = 0.060436655 ATI RATIO (1992-93 ADJ) -0.005439299 ADJUSTED 1992-93 ATI 0.054997356 FN 1993-94 SB1135 SHIFT COMBINED REVENUE (92-93) 1,835,245.44 TOTAL BASE SHIFT (SEE SCHED.A-1) (75,597.30) ADD: 92-93 PER CAPITA 122,289.75 ADD: 92-93 PER CAPITA GROWTH 7,190.25 53,882.70 ADJUSTED BASE REVENUE 1,889,128.14 ATI RATIO CHANGE ATI RATIO 1992-93 0.054997356 LESS: ATI TRANSFER (SEE SCHED A-2) 0.002122395 ADJUSTED ATI RATIO 93-94 DB93-1 0.052874961 AUDITOR—CONTROLLER, DISBURSEMENTS/TAX DIVISION SBI 135 — COUNTY & CITIES BASE TRANSFER TO #400.01 F/Y 1993-94 SCHED. A-1 DB93-S STATE RATE CONTROLLER'S PER CAPITA ACCT# 400.01 SEC 97.035 REPORT COUNTY = .80 1993-94 ACCT.# CITIES / COUNTY TAX SHIFT F/Y 1992-93 CITY = 1.02 BASE SHIFT (COL 1) (COL 2) (COL 3) (COL 4) (COL 2 x rate) (Col 1 + 3) 26 146.01 CITY of DIAMOND BAR 0.00 74,115 75,597.30 75,597.30 27 148.01 CITY of EL SEGUNDO 28 152.01 CITY of GARDENA 29 156.01 CITY of GLENDALE 30 160.01 CITY of GLENDORA 31 163.01 CITY of HAWAIIAN GARDENS 32 164.01 CITY of HAWTHORNE 33 168.01 CITY of HERMOSA BEACH 34 170.01 CITY of HIDDEN HILLS 35 172.01 CITY of HUNTINGTON PK 36 174.01 CITY of INDUSTRY 37 176.01 CITY of INGLEWOOD 38 177.01 CITY of IRWINDALE 39 178.01 CITY of LA PUENTE 40 179.01 CITY of LAKEWOOD 41 180.01 CITY of LA VERNE 42 181.01 CITY of LAWNDALE 43 182.01 CITY of LA MIRADA 44 183.01 CITY of LOMITA 45 184.01 CITY of LONG BEACH DB93-S AUDITOR -CONTROLLER, DISBURSEMENTS / TAX DIVISION SCHED.A-2 ACCOUNTING & CONTROL SCHEDULE OF 93/94 PROPERTY TAX SHIFT DUE ERAF FROM SPECIAL DISTRICTS FISCAL YEAR 1993-94 93/94 BASE ATI RATIO 1993-94 REVENUE TRF TRANSFER AGENCY SV13 A.V. TO/(FROM) TO ACCT ACCT. NC AGENCY NAME TOTAL ERAF #400.01 COLI COL2 COL3 (AV x.01) (COL 2/1) 138.62 CITY - CUDAHY LT DIST ZN #2 140.01 CITY of CULVER CITY 142.01 CITY of CERRITOS 142.21 CITY - CERRITOS INDUST MAIN DIST 142.52 CITY - CERRITOS COYOTES LT 143.01 CITY of DOWNEY 143.64 CITY - DOWNEY LT DIST ZN 3-1 144.01 CITY of EL MONTE 144.51 CITY - EL MONTE LT MAINT DIST 1 A 145.01 CITY of DUARTE 145.53 CITY - DUARTE LT DIST HUNT DR 145.54 CITY - DUARTE LT DIST ZN A 145.55 CITY - DUARTE LT DIST ZN B 145.56 CITY - DUARTE LT DIST ZN C 146.01 CITY of DIAMOND BAR 148.01 CITY of EL SEGUNDO 152.01 CITY of GARDENA 156.01 CITY of GLENDALE 160.01 CITY of GLENDORA 160.31 CITY - GLENDORA CROSS GD MAIN 3 163.01 CITY of HAWAIIAN GARDENS 164.01 CITY of HAWTHORNE 168.01 CITY of HERMOSA BEACH 170.01 CITY of HIDDEN HILLS 172.01 CITY of HUNTINGTON PK 174.01 CITY of INDUSTRY 176.01 CITY of INGLEWOOD 177.01 CITY of IRWINDALE 178.01 CITY of LA PUENTE DB93-2 35,618,871.40 75,597.30 0.002122395 INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence 1. Belanger, City Manager RE: Temporary Funding Of Library Services - Two Additional Days, From February 14, 1994 Through June 30, 1994 DATE: February 1, 1994 ISSUE: Shall the City of Diamond Bar provide the funding necessary to the Los Angeles County Library District, for the adding of two days to the weekly three day library schedule (five days per total) and purchasing media materials for the exclusive use of the Diamond Bar Branch? RECOMMENDATION: It is recommended that the City Council allocate $70,000 for the funding of two additional days of Diamond Bar Branch library services, from February 14, 1994 through June 30, 1994 ($60,000) and the purchase of media materials for the exclusive use of the Diamond Bar Branch ($10,000). DISCUSSION: Due to the shift of significant County of Los Angeles revenues, the County Library District was placed in the position that weekly service days at County Library Branches had to be severely cut-back. In the case of Diamond Bar, library branch service days were reduced from six (6) days per week to three (3) days per week. This reduction dramatically reduces the availibility of the Diamond Bar Branch Library. Previously, the Branch was open Monday through Saturday. Today, the Branch is only open Monday, Tuesday and Wednesday. If a resident has a need for library services, he or she must travel to a library branch in another community. The County has requested that the City of Diamond Bar consider the possibility of funding additional days of library service. The County Librarian estimates the cost of daily library service to be $1,500. Assuming the commencement of additional services during the week of February 14, 1994, an additional day would cost $30,000; two addtional days would cost $60,000. LIBRARY SERVICES FEBRUARY 1, 1994 PAGE TWO Assuming the adding of two days to the weekly library schedule, the five library service days would be Monday through Thursday, 1:00 p.m. to 8:00 p.m. and Saturday, 10:00 a.m. to 5:00 P.M. The reduction of funding for library services has severely limited the quantity and quality of the available media, such as new books, children's books and other materials, videos, music cassettes/discs, etc. Three years ago the budget was about $80,000. Last year the budget was $14,000. This year the budget is $2,750. It is proposed that $10,000 be allocated to purchase library media materials. The media materials would be for the exclusive use of the Diamond Bar Branch only. With the Diamond Bar Branch being closed four days per week, the access to and use of the community room has been severely curtailed. The community room is only available tc the public, during regular library hours (Monday through Wednesday, 1:00 pm to 8:00 pm). It is proposed that the City and County cooperatively schedule the use of the community room for the convenience of the community members, groups and organizations. The proposed funding source for the Diamond Bar Branch Library services enhancement is the General Fund. With the recent agreement with the County for the transfer of property taxes, there will be an estimated increase in property tax revenues, in FY 1993-94, of $900,000. The temporary funding of additional library services, at $70,000 through June 30, 1994 could be accommodated. However, it is recommended that any consideration of funding additional library services in FY 1994-95 be discussed during the City's budget preparation and deliberations, in May and June, 1994. A full year funding of two addtional library service days would be $155,000. The County Library is and will continue to seek State legislation to establish alternative methods for the full funding of library services. It is recommended that the City work with the County Board of Supervisors and the County Library staff in suggeting and promoting legislation that will provide a more secure and permanent source. of revenues for the provision of library services. TO: Frank Usher FROM: Michael Garofalo DATE: January 28, 1994 SUBJECT: Diamond Bar Library lier,efite; The propoged staffing will allow us to provide Full Library Services at. the Claremont Librarp. Full Library Services include: - readers advisory services, answering questions, telephone services, - advanecd reference services, homework mat.erialr; assistance, adu]i. information Kervic:em, resoaruh assistance to teenagers! - cheek oui. services for hooks, magazines, CD -4, audivtapes and videotapes, book renewed service, incerlibrary shipments, - easy accrigs to al.l ti, 000, 000 books i ri Lhe County Library col Iect.i on, - childrens cultural and educational programs, childrens story programs, summer reading program for children, childrens craft programs, - moeti.ng room access on dKys the l.i.brary is open using CounLy staff, free use of meeting room to community srapport groups and organizations approved for access by the City and County, cooperative user of City staff for securit-y of Library building if and when meeting room used on drays Lha library im closed, volunteer training and urcnge, t,c.er, volunteer program, encouragement of Friends: of the Isibrar•y support, xupport. from Regional and Spcc:ieelt.y Col lac:tions, online cater] og accelss t.o coll actions, i;econd t esvel research referral to onlir►e databases, telef'u>` access to periodieals in DISC databases, community information and referral assistance, access to 11itci.er:•ial44 purchased with a 1994 City grant restric:Led to persons coming into the Diamond Bar Library for e period of 1B mont.t,s after the purcha.,,P., - p}rotocopy Access, compact disc: Library Catalog access backup sttal'fing Support, fully insured operations, - shelving and maintenance of coIJec.t.ions:, etc., trained staffirig of 1 Librarian IV, 2 Librnr.ian. II'a, 1 Library Assistant 1., 5 Library Aides, and 4 Library Pages. c:c! , Mccl int.oclt MPG, RA 800 January 28, 1994 FILE: C:\W5FXJND\816FAI.J94 .anua ri -s _91 Michael P. ;arofalo Library Admin,strator East Region Heaccuarters County Of LOS Angeles Public L7Orary 1601 west Covina ParKNav West Covina. :A 37790 (818) 960-2661 Phone ;818; 337-4e95 -ax Internet: MIKEGdCCLAPL.;:,PG Terry Ballinger City Manager City of Diamond Bar 21560 East Copley Drive Suite 100 Diamond Bar, CA 91755-4177 Dear Mr. Ballinger, On '2/29/93, Fi'een Ansari, Frark Usher, Wilbert Hunt, Gillian Ray and I met at the Library to discuss options for C;ty support in 1994 to improve public services at the Diamond Bar Library. We were asked by Mrs. Ansari and Mr. Usher to present a proposal to you based upon our discussions. In 1992-1993, the Diamond Bar library was open 6 days each week for 50 hours. During the year ending June 30, 1993, over 235,000 persons walked into the Diamond Bar Library. These customers borrowed over 283,000 books, magazines, videos and other items for home use. They asked over 99,000 questions, 40 per hour. The professional staff at the Library presented 212 programs enjoyed by 10,900 people. The library served over 28,000 persons with library cards: 7,404 children, 1,992 teenagers, and 18,586 adults. In 92/93, the Library spent $14,864 on new library materials. Unfortunately, as the result of State level decisions to eliminate the Special District Augmentation fund, the County Library lost 50% of its 93/94 operating budget. The County Board of Supervisors decided to give nearly $9,000,000 from the County General Fund to the Library, in November, 1994, to avoid a service disaster. As a result of these budget reductions, the Diamond Bar Library is now open only 3 days each week for 21 hours, and will spend less than $3,000 on new library materials this year. This situation will not improve in 93/94 and may get worse -n 94/95. January 4, ;394 Michae7 P. Garofalo Library Administrator East Region Headquarters County of Los Angeles Public Library 1601 West Covina Farkway West Covina, CA 91790 (818) 960-2861 Phone (818) 337-4495 Fax Internet: MIXEGOCOLAPL.ORG Terry Ballinger City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765-4177 Dear Mr. Ballinger, On 12/29/93, Eileen Ansari, Frank Usher, Wilbert Hunt, Gillian Ray and I met at the Library to discuss options for City support in 1994 to improve public services at the Diamond Bar Library. We were asked by Mrs. Ansari and Mr. Usher to present a proposal to you based upon our discussions. In 1992-1993, the Diamond Bar library was open 6 days each week for 50 hours, During the year ending June 30, 1993, over 235,000 persons walked into the Diamond Bar Library. These customers borrowed over 283,000 books, magazines, videos and other items for home use. They asked over 99,000 questions, 40 per hour. The professional staff at the Library presented 212 programs enjoyed by 10,900 people. The library served over _ 28,000 persons with library cards: 7,404 children, 1,992 teenagers, and 18,586 adults. In 92/93, the Library spent $14,864 on new library materials. Unfortunately, as the result of State level decisions to eliminate the Special District Augmentation fund, the County Library lost 50% of its 93/94 operating budget. The County Board Of Supervisors decided to give nearly $9,000,000 from the County General Fund to the Library, in November, 1994, to avoid a service disaster. As a result of these budget reductions, the Diamond Bar Library is now open only 3 days each week for 21 hours, and will spend less than $3,000 on new library materials this year. This situation will not improve in 93/94 and may get worse in 94/95. Letter to Terry Ballinger From Michael Garofalo, 1/4/94 After careful aiscussion on 12/29/93 with everyone concerned, I recommend that the City of Diamond Bar consider using City funds in 1994 to improve the services at the Diamond Bar Library as follows: A. INCREASE THE HOURS OF PUBLIC SERVICE EACH WEEK AT THE DIAMOND BAR LIBRARY We estimate the cost for each additional day of service (7 hours per day) to be around $1,500 per day (as specified in my 12/21/93 letter to you). This $1,500 per day estimate is for providing Full Library Services, i.e, readers advisory services, answering questions, telephone services, childrens story programs, advanced reference services, homework materials assistance, adult information services, research assistance to teenagers, check out services for books, magazines, CDs, audiotapes and videotapes, book renewal service, interlibrary shipments, easy access to the entire 6,000,000 books of the County Library System, childrens cultural and educational programs, meeting room access, summer reading program for children, support from Regional and Specialty Collections, etc.. The following chart can give you an overview of the expected costs: Additional Day Per Week One Day Per Week Two Days Per Week Three Days Per Week 26 Weeks $ 38,850 $ 77,700 $ 115,550 0 52 Weeks $ 77,700 $ 155,400 $ 233,100 Letter to Terry Ballinger From Michael Garofalo, 1/4/94 Here are some zxamples of how these additional days could ce scheduled at -�ne Library. 5 DAYS: 3 regular County Funded Days Open + 2 City Funded Days Open First Recommendation for a 5 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 10 - 5 10 - 5 (With Ch idrens ?rograms, e.g, Storytimes, each Thursday and Saturday at 11 a.m.) Second Recommendation for a 5 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday g 1- 8 1- 8 10 - 5 (With Group Childrens Programs, e.g, Storytimes, each Wednesday at 2 p.m. and Saturday at 11 a.m.) 6 DAYS: 3 regular County Funded Days Open + 3 City Funded Days Open First Recommendation for a 6 Day Schedule Monday Tuesday Wednesday Thursday Friday Saturday 1 8 1- 8 1- 8 10 - 5 10 - 5 10 - 5 (With Group Childrens Programs, e.g, Storytimes, each Wednesday at 2 p.m., and Thursday and Saturday at 11 a.m.) Second Recommendation for a 6 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday 1 8 1- 8 1- 8 1- 8 10 - 5 10 - 5 (With Group Childrens Programs, e.9, Storytimes, each Wednesday at 2 p.m., Friday and Saturday at 11 a.m.) 3 Letter to Terry Ballinger From Michael Garofalo, 1/4/94 Here are some examples of how these additional days could be scheduled at the Library. 5 DAYS: 3 regular County Funded Days Open + 2 City Funded Days Open First Recommendation for a 5 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 '0 - 5 10 - 5 (With Childrens Programs, e.g, Storytimes, each Thursday and Saturday at 11 a.m.) Second Recommendation for a 5 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 1- 8 10 - 5 (With Group Childrens Programs, e.g, Storytimes, each Wednesday at 2 p.m. and Saturday at 11 a.m.) 6 DAYS: 3 regular County Funded Days Open + 3 City Funded Days Open First Recommendation for a 6 Day Schedule Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 10 - 5 10 - 5 10 - 5 (With Group Childrens Programs, e.g, Storytimes, each Wednesday at 2 p.m., and Thursday and Saturday at 11 a.m.) Second Recommendation for a 6 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday 1- g 1- 8 1- 8 1- 8 10 - 5 10 - 5 (With Group Childrens Programs, e.g, Storytimes, each Wednesday at 2 p.m., Friday and Saturday at 11 a.m.) 3 Letter to Terry Ballinger From Michael Garofalo, 1/4/94 411 childrens programs will be presented by Gillian Ray, 1994 Children's Librarian of the Year for the County of Los Angeles Public Library. Staying open till 9 p.m. weekdays, as we did prior to 92/93, would necessitate paying a night bonus to nearly all employees anc would increase costs slightly over those quoted. B. PROVIDE SUPPORT FOR PURCHASING NEW MATERIALS AT THE DIAMOND BAR LIBRARY In 90/91 the County Library purchased $ 2,448,749 on new and replacement books, videos, CDs, periodicals, and other items for library customers. All of these items are available to Diamond Bar library customers. In 90/91, the County Library purchased $ 1,323,581 for the 18 libraries in the East San Gabriel Valley. All of these items are also available to Diamond Bar Library customers. In 90/91, the professional staff selected $ 95,665 worth of new materials for shelving at the Diamond Bar Library. The pattern for subsequent years is as follows: Fiscal Year 90/91 91/92 92/93 93/94 Countywide $ 8,448,749 $ 7,272,224 $ 1,765,265 $ 300,000 East Region $ 1,323,581 $ 1,154,407 $ 317,074 $ 57,312 Diamond Bar $ 95,665 $ 82,953 $ 14,864 $ 2,750 As can be seen, our loss of revenue from the State of California has dramatically reduced our ability to purchase much needed and often requested new books, magazines, CDs, and videos. Library customers are very dissatisfied with this sad state of affairs. We would be pleased to accept a grant from the City of Diamond Bar for the purchase of new books or other library materials. I recommend that the City consider a grant of $15,000 or $30,000 for new books for the Diamond Bar Library. We would 4 Letter to Terry Ballinger From Michael Garofalo 1/4/94 like for the City to consider our g~ants:recommerdat-ons for these �wc . Recommendation 1 for a $15,000 Grant For New Materials $ 5,000 To the Fr7ends of the Diamond Bar Library Books Rental Program. The proceeds from this refor their ^Jew ,-cn would be distributed as follows: 85% used to purchase new ntal collec for the New Books .Rental ?rogram, and 15% to t ems for staff labor costs associated with rentalpay program. $ 5,000 New and Replacement `Jon -Fiction Books $ 5,000 New and Rep'acement Children's Books Recommendation 2 for a $30,000 Grant For New Library Materials $ 8,000 To the Friends of the Diamond Bar Library for their New Books Rental Program. The proceeds from this rental collection would be distributed as follows: 85% used to for the New Books Rental Program, and 15% to thecLabrarywto�pas for staff labor costs associated with ad to thein y program. g a rental book $ 9,500 New and Replacement Non -Fiction Books $ 6,000 New and Replacement Children's Books $ 4,000 New and Replacement Videos $ 500 New and Replacement CDs $ 2,000 Renew Periodical Subscriptions Now Being Cancelled All of the items held by the Friends would be for use only by customers visiting the Diamond Bar Librar y. Normall,other items in the collection are available to everyoneyinathe County Library. However, it might be Possible to restrict the use of the items Purchased in 1994 by the City of Diamond Bar to only customers that come into the Diamond Bar library, but this restriction requires some additional labor costs to control inventories on the automated system. I am exploring options avai'able in this area, and will advise you later. 5 Letter to Terry Ballinger From Michael Garofalo, 1/4/94 like for the City to consider our recommendations for these two grants: Recommendation 1 for a $15,000 Grant For New Materials $ 5,000 To the Friends of the Diamond Bar Library for their New Books Rental Program. The proceeds from this rental Collection would be distributed as follows: 85% used to purcnase new mems for the New Books Rental Program, and 15% to the Library to pay for staff labor costs associated with administering a rental book program. $ 5,000 New and Replacement Non -Fiction Books $ 5,000 New and Replacement Children's Books Recommendation 2 for a $30,000 Grant For New Library Materials $ 8,000 To the Friends of the Diamond Bar Library for their New Books Rental Program. The proceeds from this rental collection would be distributed as follows: 85% used to purchase new items for the New Books Rental Program, and 15% to the Library to pay for staff labor costs associated with administering a rental book program. $ 9,500 New and Replacement Non -Fiction Books $ 6,000 New and Replacement Children's Books $ 4,000 New and Replacement Videos $ 500 New and Replacement CDs $ 2,000 Renew Periodical Subscriptions Now Being Cancelled All of the items held by the Friends would be for use only by customers visiting the Diamond Bar Library. Normally, all other items in the collection are available to everyone in the County Library. However, it might be possible to restrict the use of the items purchased in 1994 by the City of Diamond Bar to only customers that come into the Diamond Bar library, but this restriction requires some additional labor costs to control inventories on the automated system. I am exploring options available in this area, and will advise you later. 5 Letter to Terry Ballinger From Michael Garofalo, 1/4/94 In. conclusion, I hope the above recommendations are clear and refect fairly the discussions that Mrs. Ansari, Mr. Usher, Mr. Hunt, Mrs. Ray, and I has on 12/29/93. We were also informed about a possible public aiscussion regarding trle'Ccunty Library in the City of Diamond Bar set for the January 4, 1994, City Council meeting. If you need more information do not hesitate to call me. Sincerely, A''elu qa�) cc: Eileen Ansari, Ann Stevens, Margaret Wong, Michael McClintock, Wilbert Hunt MPG 1/4/94 C:\W5FUND\816CSL2.J94 M AGENDA MEMORANDUM TO: Terrence L. Belanger, City Manager FROM: Frank M. Usher, Assistant City Manager RE: Conceptual approval of and continued action regarding a Business Retention, Attraction, and Development Program DATE: February 1, 1994 ISSUE: Conceptual approval of and continued action regarding a Business Retention, Attraction, and Development Program for the improvement and promotion of business in Diamond Bar RECOMMENDATION: It is recommended that the City Council give conceptual approval to an outline and action plan for a Business Retention, Attraction, and Development Program for improvement and promotion of business in Diamond Bar. BACKGROUND: There has been expression of interest by City Council Members, Chamber of Commerce representatives, and interested busisness persons in Diamond Bar to develop and participate in a Business Retention, Attraction, and Development Program. The Council's Economic Development Committee, Chamber of Commerce officers, and City staff have met to provide direction for this process. It is our goal to respond to local business retention needs, to assist in business attraction efforts, to assist and facilitate business development, and to provide technical support and assistance. Participants will include the Chamber of Commerce, the City of Diamond Bar, and local business leaders. Other participants to be invited will include Southern California Edison, Southern California Gas Co., General Telephone, and local educational institutions. Activity areas will include: Retention, Attraction, Development, and Technical Assistance. In the Retention effort, teams from the participating organizations will visit with local business owners and business property owners to show that we are interested in their well-being, and to ask what we can do to help them be more successful. We will review our permit process for streamlining. We will work with the Chamber in development of a residential and business Welcome Wagon program. We will work with each business center in the development of promotional events. We will maintain open communications. In the Attraction effort, we will prepare useful marketing materials. We will identify types of businesses needed in the City (gaps in existing services or products). We will participate in focused advertising. We will complete the marketing brochure begun in cooperation with the Chamber. We will work with the brokerage community in contacting and meeting with potential businesses. In Development, we may activate a Redevelopment Agency to study the feasibility of providing financing and other redevelopment services, and to study appropriate areas for project area establishment. We may establish an Industrial Development Authority for financing purposes. We will also need to adopt a General Plan which has community consensus. In Technical Assistance, we will provide information about local financing incentives. We will facilitate dissemination of information from the California Trade and Commerce Agencies. We will participate in providing information from the utilities and other governmental entities. We will participate with the Chamber in providing small busisness education opportunities. In the budget for Fiscal Year 1993-1994, we have appropriated $25,000. It is estimated that an additional appropriation of $15,000 will be necessary to accomplish the tasks outlined above, during the balance of the fiscal year. This will be recommended through the mid -year budget review process. Prepared by: g,z INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Council r 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. INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence 1. Belanger, City Manager Y� 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 7, 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 28, 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 City Attorney, 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 meeting of the City Council, Planning Commission, etc., and name of any attorney or attorneys who would have secondary responsibility. (The City Attorney, or his/her designated representative, is expected to attend all City Council meetings {Regular meetings held on the first and third Tuesdays of each monthl and Planning Commission meetings {Regular meetings held on the second and fourth Mondaysl. a. Experience of the attorneys. b. Status of the attorneys in the firm, i.e., partner or associate. 4. Estimated amount of time necessary 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 28, 1994 Page Two 6. Type and unit rate for reimbursement of expenses; for example, rates for mileage, reproduction of documents, computer or word processing charges. 7. Any other information about your firm which you believe would be material. The City Council reserves the right to reject all proposals, to request additional information concerning any proposal for purposes of clarification and to accept or negotiate any modification to any proposal following the deadline for receipt of all proposals, and to waive any irregularities if such would serve the best interests of the City as determined by the City Council. All inquiries regarding this Request for Proposals and current legal services of the City including legal activities and past/current litigation should be restricted to the City Manager at the above address. Any and all communications with individual Council Members shall be disclosed prior to award of contract. Proposals are due on or before Friday, April 1, 1994 by 5:00 p.m. After reviewing your proposal, the City Council 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 of Diamond Bar 21660 E. Copley Drive, Diamond Bar, CA 91765 City Manager Suite 100 AGREEMENT FOR LEGAL SERVICES That Agreement for Legal Services entered into on J. ("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 9 (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. lo. 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: CITY OF DIAMOND BAR, A Municipal Corporation Mayor City Clerk Dated• Attorney 61 a City of Diamond Bar Meeting Agenda For PRIVATE February 1, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER DIP .rT Wednesday: January 26, 1994 Page: 1 ROLL CALL: COUNCILMEMBERS ANSARI, PAPEN, MILLER, MAYOR PRO TEM HARMONY, MAYOR WERNER 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 CERTIFICATE OF RECOGNITION TO FRANK PELSUE SERVI G ON THE Mosquito Abatement District. 2.2 CERTIFICATE OF RECOGNITION TO DIAMOND BAR IMPROVEMENT ASSOC. (DBIA) volunteers for removal of graffiti in the City of Diamond Bar: et�K +-, 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 GENERAL PLAN ADVISORY COMMISSION - FEBRUARY 8, 1994 - 7:00 P.M. Heritage Park Community,Center, 2900 S. Brea Canyon Rd. 5.2 TRAFFIC AND TRANSPORTATION COMMISSION - FEBRUARY 10, 1994 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - FEBRUARY 14, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - FEBRUARY 15, 1994 - 7:00 P.M., AQMD. Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - REGULAR MEETING OF JANUARY 4, 1994 - Approve as submitted. Requested by: City Clerk 6.2 WARRANT REGISTER - APPROVE WARRANT REGISTER DATED FEBRUARY 1, 1994 in the amount of $ Requested by: City Manager 6.3 TREASURER'S REPORT - RECEIVE AND FILE TREASURER'S REPORT FOR Month of December, 1993. Requested by: City Manager 6.4 CLAIM FOR DAMAGES: FILED BY JOHN M. DAVIS NOVEMBER 16, 1993. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. City of Diamond Bar Wednesday: January 26, 1994 Meeting Agenda For Page: 2 PRIVATE February 1, 1994 6.4 CLAIM FOR DAMAGES: FILED BY JOHN M. DAVIS NOVEMBER 16, 1993. 6.5 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TRACT MAP NO. 50519 LOCATED AT 300-366 TORITO LANE, IN THE CITY OF DIAMOND BARO- This project which consists of the construction of a 34 unit condominium complex on 2.3 acres of land.has been submitted by Diamond Development Company for a final tract map approval. Recommended Action: Approve the attached Final Tract Map No. 50419; authorize the Mayor to execute the Subdivision Agreement; adopt Resolution No. 94 -XX; authorize the Interim City Engineer to sign the map and direct the City Clerk to certify and process the map and CC & R's for recordation. Requested by: Public Works Director 6.6 (A) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR... Q.ALGe1 ✓�`� ✓ (B) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR... - This Sewer Easement Relocation/Vaction is between Parcel 1 of Parcel Map 15375 and Parcel No. 1 of Parcel Map 2151 at 3302 S. Diamond Bar Blvd. for construction of an Arco/AM.PM mini -mart. Recommended Action: Adopt Resolutions No. 94 -XX and 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 vacation of the sewer easement shown in Exhibit "E" at 3302 S. Diamond Bar Blvd. Requested by: Public Works Director 7. OLD BUSINESS: 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 to go out for bid. (Carried over from January 18, 1994) Recommended Action: Adopt Resolution No. 94 -XX approving plans and specifications for the Country Sanitary Sewer System Project and authorize the City Clerk to advertise for bids. Requested by: Public Works Director City of Diamond Bar Meeting Agenda For PRIVATE February 1, 1994 Cid- ZE Wednesday: January 26, 1994 Page: 3 AWARD OF BID FOR GRAND AVE. GUARDRAIL/LANDSCAPE IMPROVEMENTS - Recommended Action: Requested by: Community Services Director 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 assessments and testimony on the proposed project. (Carried over from January 18, 1994) Recommended Action: Approve the proposed work program and budget for environmental assessment and reporting services (Exhibit "B"); 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 .7 MID -YEAR BUDGET ADJUSTMENTS - �,3 Recommended Action: Requested by: City Manager GRAFFITI REWARDS Recommended Action: Requested by: Community Services Director STATUS REPORT ON ECONOMIC DEVELOPMENT - Recommended Action: Requested by: City Manager 8. NEW BUSINESS: 4.1 LIBRARY FUNDING - Recommended Action: City of Diamond Bar Meeting Agenda For PRIVATE February 1, 1994 Wednesday: January 26, 1994 Page: 4 .1 LIBRARY FUNDING - e.+' Requested by: Councilweson Ansari LETTER OF SUPPORT TO INTERVAIL FOR SENIOR CITIZEN GRANT - Recommended Action: Requested by: Community Services Director CONSIDERATION OF ESTABLISHMENT OF AN AD HOC COMMITTEE RE CULTURAL RESOURCES - Establishment of an ad hoc committee to study AVIL 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. (Carried over from January. 18, 1994) Requested by: Mayor 8.,A— 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 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 activities related to the proposed IMRF. (Carried over from January 18, 1994) Recommended Action: City Council Solid Waste Sub -committee 8.6 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. (Carried over from January 18, 1994) Requested by: Mayor City of Diamond Bar Wednesday: January 26, 1994 Meeting Agenda For Page: 5 PRIVATE February 1, 1994 9. ANNOUNCEMENTS: 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 FROM: Terrence L. Belanger, City Managerr1 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% 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.