HomeMy WebLinkAbout03/01/1994Citi ciC
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�� AGENDA
Tuesday, March 1, 1994
7:00 P.M.
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Mayor Gary H. Werner
Mayor Pro Tem Clair W. Harmony
Council Member Eileen R. Ansari
Council Member Phyllis E. Papen
Council Member 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 I1 of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk
a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or drinking
in the Council Chambers.
The City of Diamond Bar uses recycled paper
and encourages you to do the same.
Next Resolution No. 94-09
Next Ordinance No. 02(1994)
1. CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Mayor Werner
Council Members Ansari, Papen,
Miller, Mayor Pro Tem Harmony, Mayor
Werner
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
2.1 Presentation of City Tiles to outgoing Planning, Parks &
Recreation and Traffic & Transportation Commissioners.
2.2 Oaths of Office to Planning, Parks & Recreation and
Traffic & Transportation Commissioners.
2.3 Proclamation designating the month of March 1994 as
"Women's History Month."
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
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 - March 8, 1994 - 7:00
p.m., Heritage Park Commun. Cntr. 2900 S. Brea Canyon Rd.
5.2 Traffic & Transportation Commission - March 10, 1994 -
6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr.
5.3 Planning Commission - March 14, 1994 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.4 City Council Meeting - March 15, 1994 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES:
6.1.1 Regular Meeting of January 18, 1994 - Approve
as submitted.
MARCH 1, 1994
PAGE 2
6.1.2 Regular Meeting of February 1, 1994 - Approve
as submitted.
Requested by City Clerk
6.2 PLANNING COMMISSION MINUTES - Regular Meeting of January
24, 1994 - Receive & File.
Requested by Community Development Director
6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of December 16, 1993 - Receive & File.
Requested by City Engineer
6.4 PARKS & RECREATION COMMISSION MINUTES -
6.4.1
Regular
Meeting of September
30,
1993 -
Receive
& File
6.4.2
Regular
Meeting of
October
28,
1993 -
Receive
& File
6.4.3
Regular
Meeting of
November
18,
1993
- Receive
& File
6.4.4
Regular
Meeting of
December
16,
1993
- Receive
& File
6.4.5
Regular
Meeting of
January
27,
1994 -
Receive
& File
6.5 VOUCHER REGISTER - Approve Voucher Register dated March
1, 1994 in the amount of $642,809.05.
Requested by City Manager
6.6 TREASURER'S REPORT - Receive & file Treasurer's Report
for Month of January, 1994.
Requested by City Manager
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 TRAFFIC SIGNALS AT
DIAMOND BAR BOULEVARD AND FOUNTAIN SPRINGS ROAD AND AT
DIAMOND BAR BOULEVARD AND SHADOW CANYON DRIVE IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS - The Diamond Bar Blvd. at
Fountain Springs and Shadow Canyon intersections have
been identified and warranted for traffic signals. Plans
and specifications for the project have been prepared.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 94 -XX approving the plans
and specifications for traffic signal construction on
Diamond Bar Blvd. at Fountain Springs Dr. and Shadow
Canyon Dr. and authorize the City Clerk to advertise to
receive bids.
MARCH 1, 1994 PAGE 3
6.8 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN
THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION'S
HOME OWNER:OCCUPIED SINGLE-FAMILY HOUSING REHABILITATION
PROGRAM - The L.A. County Community Development
Commission has announced the availability of funds for
Housing Rehabilitation loans to assist low and moderately
low income families. Rehabilitation loans may be used to
make repairs and eliminate code violations according to
Section 8 Housing Property Standards. The maximum
rehabilitation loan amount is $25,000. The County will
administer the program at no cost to the City.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 94 -XX authorizing
participation and authorize the Mayor to execute the
Memorandum of Understanding.
Requested by Community Development Director.
7. PUBLIC HEARINGS: None
8. OLD BUSINESS:
8.1 VERBAL REPORT FROM CHIEF LOCKHART WITH L.A. COUNTY FIRE
DEPARTMENT RE: SLOW RESPONSE TIME BY FIRE DEPARTMENT
DURING EXPLOSION AT CIMARRON OAKS.
Requested by MPT/Harmony and City Manager
8.2 SECOND READING - ORDINANCE NO. 01(1994): AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING
CHAPTER 15.30 (HOUSING CODE) OF THE DIAMOND BAR CITY
CODE, AS HERETOFORE ADOPTED, ADDING A NEW CHAPTER 15.30
TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE,
THE BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF
TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, 1988
EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS,
DELETIONS AND EXCEPTIONS - The City Council conducted a
Public Hearing on February 15, 1994 to consider the
re -adoption of Chapter 99 of the L.A. County Building
Code entitled "Building and Property Rehabilitation."
The re -adoption of Chapter 99 is proposed to enhance or
replace existing code enforcement tools. The Ordinance
will serve on an interim basis and remains in effect
until July 31, 1994 unless repealed or extended.
Recommended Action: Waive full reading and adopt
Ordinance No. 01(1994).
Requested by Mayor/Community Development Director
8.3 PARKS & RECREATION COMMISSION APPOINTMENT - Appointment
to the Parks & Recreation Commission by Mayor Pro Tem
Harmony.
MARCH 1, 1994
9.
PAGE 4
8.4 VERBAL PROGRESS REPORT ON GENERAL PLAN ADVISORY
COMMITTEE.
Requested by M/Werner
8.5 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY
ATTORNEY.
Requested by MPT/Harmony
NEW BUSINESS:
9.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR
BICYCLE AND/OR PEDESTRIAN FUNDS SB821 AND APPROVING THE
ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN - $19,761
is allocated in the FY 93-94 budget for construction
and/or improvements to various bicycle and pedestrian
facilities. The City proposes to use these funds to
construct and improve bicycle lanes on Brea Canyon Rd.
between Pathfinder Rd. and Diamond Bar Blvd. In addition
to completing claim, revenue and expense forms, the
Council must adopt a resolution no later than June 30,
1994 specifying the purposes for which TDA Article 3
funds will be utilized in order to be entitled to claim
the allocated fund. If said fund is not claimed, it will
lapse and be reallocated for FY 94-95.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 94 -XX in order to claim the
TDA Article 3 allocation for FY 93-94 and that the City
Clerk be directed to provide a copy of the Resolution to
the L.A. County Metropolitan Transportation Authority.
Requested by City Engineer
9.2 REHABILITATION OF DIAMOND BAR BLVD. FROM GRAND AVE. TO
BREA CANYON ROAD - Diamond Bar Blvd. between Grand Ave.
and Brea Canyon Rd. is in need of pavement rehabilita-
tion. The existing pavement must be analyzed and
evaluated in order to determine the most practical and
economical approach for improvements. Based on the
findings of the evaluation, plans and specifications for
the project will be designed accordingly. Staff has
received and evaluated fourteen proposals for the design
services.
Recommended Action: It is recommended that the City
Council award a design services contract to Nolte &
Associates, Inc. in an amount not to exceed $79,953.
Requested by City Engineer
MARCH 1, 1994 PAGE 5
9.3 AD HOC CABLE TV COMMITTEE (CITY COUNCIL SUB -COMMITTEE).
Recommended Action: Appoint two City Council Members to
the Cable TV City Council Sub -Committee.
Requested by Mayor
10. ANNOUNCEMENTS:
11. CLOSED SESSION: May convene to consider: Matters of pending
Litigation (G.C. 54956.9) Diamond Bar Associates V. City
12. ADJOURNMENT: To March 9, 1994 at 7:00 p.m., AQMD
Board Hearing Room, 21865 E. Copley Dr., Diamond Bar,
California.
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, March 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 March 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 25th day of
February, 1994, at Diamond Bar, California.
/sl Lynda Burgess
Lynda Burgess, City Clerk
City of Diamond Bar
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
J'i�
DATE:
TO:
City Clerk
FROM:
ADDRESS:
(30 A0
ORGANIZATION:
SUBJECT:
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as written above.
S
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE: — / — I q
TO: City Clerk
FROM: S n S :1 arn- oa G e
ADDRESS:
SUBJECT:
1 O
E Cio.� ,�
C( , Y�✓►��ti,� �?�s�2
ORGANIZATION:
PR t
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L
SUBJECT: S � c — .''n o rec. /iia ►2 K- , S S 1 M -2 r4 ✓N
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as written above.
v s h PCU lge,�l
Signature
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
DATE:
TO:
FROM:
ADDRESS:
ORGANIZATION: /
SUBJECT: C Jf 4 �,- / Z/ifi
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
I expect to address the Council on t
Council Minutes reflect my name and
)jec" genda item. Please have the
ss YS, yrritten above.
signature
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE:
TO: Ci Cler3�
FROM:
ADDRESS:
ORGANIZATION:
0
SUBJECT:
I expect to address the Council on subject agenda item. Please have the
Council Minutes reflect my name and, a dress -as writ en above.
Signature
NOTE: All persons may attend mee ngs and address the City Council. This
form is intended to assist the Ma r in ensuring that all persons wishing
to address the Council are recoq zed and to ensure correct spelling of
names in the Minutes.
8.5
TO: Leonard Hempel
Robert Owen
FROM: interim City Attorney
DATE: February 19, 1994
R8: Your Public Records opinion of February 15, 1994.
The City Council, at its meeting of rebruary 15, 1994,
decided to take you up on your generous offer to, "discuss
this matter further if the Council so desires".
As I discussed with Leonard on the phone, there is no
dispute with your opinion, so far as it goes. Certainly
the more fact that a writing is in the possession of the
public, does not slake it'a public record, nor does the
more fact that the City Attorney happens to review it.
One point is significant, and that is that the question
may well be moot. Mr. Aresynski's letter of February 1,
1994, states, " . . . if I had the documents, I would not
divulge the same; however, since I do not, the point in
somewhat academic, is it not?" My inquiry was not
concerned with the subject matter of the documents, but
simply whether or not the documents were public records.
Along that line, at least two unanswered questions.remain:
1. If the City Attorney happens to review the
documents in his official position as City Attorney, by a
Councilmember who intends to, and then does, rely and act
on the City Attorney's opinion re conflict of interest,
and at public meetings, then is the populace at large
entitled to review the documents upon which the City
Attorney, based his opinion of "no conflict"? You may
wish to add to the quotient the fact that the votes in
this case could affect the.permanent nature and character
of the community in that the issues involved general plan
adoption and major discretionary land use permits for
major developments; and
Mtaw�u Tn n.l ���w\No.nptai] 7 1%c7wc@n
NaQ� i
rn
-
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n
As I discussed with Leonard on the phone, there is no
dispute with your opinion, so far as it goes. Certainly
the more fact that a writing is in the possession of the
public, does not slake it'a public record, nor does the
more fact that the City Attorney happens to review it.
One point is significant, and that is that the question
may well be moot. Mr. Aresynski's letter of February 1,
1994, states, " . . . if I had the documents, I would not
divulge the same; however, since I do not, the point in
somewhat academic, is it not?" My inquiry was not
concerned with the subject matter of the documents, but
simply whether or not the documents were public records.
Along that line, at least two unanswered questions.remain:
1. If the City Attorney happens to review the
documents in his official position as City Attorney, by a
Councilmember who intends to, and then does, rely and act
on the City Attorney's opinion re conflict of interest,
and at public meetings, then is the populace at large
entitled to review the documents upon which the City
Attorney, based his opinion of "no conflict"? You may
wish to add to the quotient the fact that the votes in
this case could affect the.permanent nature and character
of the community in that the issues involved general plan
adoption and major discretionary land use permits for
major developments; and
Mtaw�u Tn n.l ���w\No.nptai] 7 1%c7wc@n
NaQ� i
2. If the City Attorney represents the Council, as a
body, who holds the privilege of confidentiality?
My initial opinion of January 6, 1994, was very brief, as
I did not expect the issue to be elevated to the level of
its present concern. I based that opinion on an extension
of Ward, which I believe is the current trend. Let me
recite some of the passages from papers presented at the
City Attorney's division at the last League meeting in
October 1993:
1. ". . the city attorney's communications with
staff members cannot be kept secret frog supervisors and
that communications With individual members of the city
council_ cannot be kept confidential from the full city
council. It In important that each city official fully
understand this principal in order -to avoid misunder-
standings."
T. "City officials must understand that their
communications with the city attorney are not protected
from disclosure to supervisors within the organisation.
Rven though this knowledge say in moss situations preclude
frank conversations with the city attorney, it In import-
ant that this fact be communicated to staff members or
members of the city council before a staff member or
members of the city council have a communication with the
city attorney that the person incorrectly believes will be
kept confidential."
3. "The practice of some city attorneys to advise
their councils that they will not disclose to the council
itself any conflict of interest advice which has been
given to an individual council member thus appears to be
in direct violation of this Rule [3-600]."
For the foregoing reasons, I declined the offer of Coun-
cilman Hiller to review his copies of the documents,
because I felt I would not be able to maintain his condi-
tion of confidentiality.
Councilman Harmony has requested that if your ultimate
opinion differs from mine, that statutory or decisional
authority be provided for reference.
cc:. City Manager
City of Diamond Bar
Ww.neara..Au.n\Ho.�zylsil l \!lwen
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4////,mr, acv ���L �riab±eii � am6orti & XO r
JAMES L. MARKMAN /� NUMBER ONE CIVIC CENTER CIRCLE
ANDREW V. ARCZYNSKI
RALPH D. HANSON
JEFFREY KING
D. CRAIG FOX
WILLIAM P. CURLEY LII
MARSHA G. SLOUGH
JULIA A. KEMP
PAMELA P. KING
HERIBERTO F. DIAZ February 1, 1994
BONNIE BAILEY -JONES
Michael Montgomery
13200 Crossroads Parkway
Suite 350
Industry, California 91786
P.O. BOX IOS9
BREA,CALIFOR1:7�41
NIA 92622-1059
TELEPHONE
990-0901
301 6 91-3 8 11
'n
9113 FOOTHILL 4Q)ILEVAR'DY
SUITE 2fO
RANCHO CUCAMONGA, VnIFORtfiX*riO
f905PQ80-72 2 . =7
TELEPHONE
19Q b381 -O
2_
IN REPLY PLEAS!"PEFE tIvIlm`- C'
Brea_
cn n
M
Re: Your correspondence of January 6, 1994.
Dear Mr. Montgomery:
It is the purpose of this correspondence to respond
to yours of January 6, 1994, which appears to "relay" some sort
of public record request from one Terri Birrell pertaining to
documents and records with regard to the non -issue of Diamond
Bar Councilmember Gary Miller's involvement in the somewhat
euphemistically titled "South Pointe Master Plan." As you are
undoubtedly well aware, Mr. Miller, at one time, had an
interest in a portion of the real property within the South
Pointe Area. Having divested himself of any interest in the
subject property well over one (1) year prior to the project
application being filed, I provided the quite unremarkable
opinion that, pursuant to the requirements and strictures of
the Political Reform Act of 1974 (California Government Code §§
87000, et seq.), the provisions of which I understand you are
passing familiar, Mr Miller had no conflict under the law.
As a result of that divestiture, and the time frame
involved, it was abundantly clear to all that Mr. Miller had no
conflict of interest. Yet, in an attempt on his part to ensure
that "'politics" did not enter the fray, Mr. Miller clearly and
unequivocally announced to all and sundry that he simply would
not participate in the deliberations on the project. In fact,
as your self-styled "citizens group" client must recall, Mr.
Miller even went so far as to totally absent himself from
meetings at which it was discussed (and, while Mayor, handing
over the gavel to the Mayor Pro Tempore). Those actions on the
part of Mr. Miller were not only unavailing, they were
virtually counterproductive. In hindsight, if Mr. Miller was
to be subject to the personal abuse, venomous attacks and
Michael Montgomery
February 1, 1994
Page Two
vituperative slurs of members of the public in any event, he
probably should have participated.
Your desire to serve as a conduit to the public under
a purported Public Records Act (California Government Code §§
6250, et seq.) request perplexes me. I know of no attorney
representing cities in California who considers his or her
files to be available to the public under the California Public
Records Act. To presume that such files are available
thereunder strikes me as the height of folly and would, if
nothing else, eviscerate the salutary purposes of the
attorney-client privilege. Moreover, to simply share, with all
who have some chimerical need to rummage in the affairs of a
public official, the most personal of documents, including tax
returns and the like, is the antithesis of the zealous
safeguarding of a client's matters required of those of us who
attempt to honorably engage in the profession of law.
As I have stated, with some frequency, to
Councilmembers (including your erstwhile clients Ms. Ansari and
Messers. Harmony and Werner) I will not, and do not, share such
auricular matters with the merely inquisitive who purport to
espouse a "need to know". To do so would set at naught the
ability to provide thoughtful counsel to those requesting the
same. We take on faith that you would not remonstrate your
clients to forthrightly and candidly share all of the facts and
documents necessary to a thoroughgoing analysis of the client's
lot, all the while knowing that you will simply divulge the
aggregate thereof to any who inquire. That approach would,
doubtless, produce a client unwilling to impart, frankly, the
true state of the facts since, perforce, all will be presented
in the public domain and the postulate for candid analysis will
be reduced to absurdity.
Stated otherwise, if one's client cannot feel secure
that what is conveyed to one's lawyer goes no further, there
seems little, if any.point, to the exercise. The client will
simply provide a factual presentation that puts him or her in
the best light or, worse, will enshroud the pertinent data all
with the deleterious effects as have been visited upon others
unable or unwilling to confide in their counsel the unvarnished
truth. The lawyer's role will, then, be reduced to the
provision of an endless stream of homilies or truisms, with a
dollop of twaddle thrown in for good measure.
Michael Montgomery
February 1, 1994
Page Three
Leaving all of that aside, as manifestly stated to
your client, Max Maxwell, in September of the year last past,
all of the documents provided by Mr. Miller were returned to
Mr. Miller and not retained by this office for reasons which
should be abundantly clear, even to those who seek the
documents. To assert that this office "lost" the same is
laughable and requires no further response.
In summary then, if I had the documents, I would not
divulge the same; however, since I do not, the point is
somewhat academic, is it not?
Very ly yours,.
Ir
Andrew V. Arczynski
AVA:c1f
C\1011\LMONTG
cc: Councilmember Gary Miller
bcc: Terrance Belanger, City Manager
LAW crfCeS
` MIC UEL B. MONTGOMERY
A LAW COlMORATION
16100 CROSSROA66 PARKWAY NORTH
8MM
CITY OF WDUSTRY. GLFORNA mue
TELEPHONE 0101 SO I4W
FACSIMILE P14 S11-1164
KEWRANDUM
ALSO ADMITTED TO FLORIDA
AND HAWAII STATE BARS
TO: Mayor and Members of the City Council
City of Diamond Bar
THROUGH: City Manager
FROM: Intorim City Attorn
DATE: January 6, 1994
SUBJECT: Separate Legal Opinions
OF COUNSEL
MATTHEW C. BISHOP
ALAN R. BLNINB'
JOHN ROBERT HARPER'
NAPA COUNTY OFPICE
1176 FOURTH STREET
NAPA, CU PORNIA 04660
(7M 2984WO
ORA ME COUNTY OFFICE
4413 S. GLASULL STREET
ORANGE, OALIFORNIA
on"
(714) 77t-7720
WorLM"" CCMOA<rbN4
WENDY 0. DAWER
I have received the enclosed request for an opinion from
Counclimember Papen. I am responding to tho Council as a whole,
because I am unclear of the Council's policy re individual opinion
requests.
First, responding t9 Mrs. Papen's question, the appellate decision in
Ward v. Superior Court, 1977, 70 Cal. App.3d 233, 138 Cal. Rptr.
532, provides that there can 'be no separate attorney-client
relationship between the public agency attorney and each separate
officer. As stated at page 330 "He in no wise represents the officers
personally." Therefore, there is no attorney-client relationship
between the attorney and the individual members of the council. No
such relationship existing, any records given to me in my opacity as
City Attorney, would of necessity have to be turned over to the City
Clerk.
As to the second part of the request, personnel and disciplinary
matters are exempt from disclosure, where the releexe "would
constitute an unwarranted invasion of personal privacy." Government
Code 115254.
I ask the council to clarify whether or not the City, Attorney is
expected to respond to individual opinion requests.
rMD, THIS DATE
T0: Michael Montgomery, interim Cit ttorney
FROM: Phyllis Papen, Councilmembe
DRTLs January 5, 1994
SUBJECT: Attorney -Client Privilege of Coanoilraembers
CC: Terry Belanger, City Manager
r � � � r r r r � � • r r r r r r r � r � a r r r r � r r r r � �
At the conclusion of last night's council meeting or rather early
this morning (approx. 3:05am), Mr. Harmony raised an issue -
regarding attorney client privilege for councilowbers.
Please provide the council with the background information, a
discussion of the issue, your opinion. and code section, etc. that
Mould support your opinion.
if i understand your statement, Councilmembers proprietary
personal, business or financial information is not confidential.
Does this also apply to personnel tiles? Disciplinary actions?
JAMES L. MARKMAN
ANDREW V. ARCZYNSKI
RALPH D. HANSON
JEFFREY KING
O. CRAIG FOX
WILLIAM P. CURLEY W
MARSHA G.SLOUGH
JULIA A.KEMP
PAMELA P. KING
HERIBERTO F. DIAZ
BONNIE BAILEY -JONES
�2ux t�iisza�y � �� �2a�i��osri & 3iu�Ov
NUMBER ONE CIVIC CENTER CIRCLE
September 24, 1993
Max Maxwell
3211 Bent Twig Lane
Diamond Bar, California 91765
Re: Yours of August lo, 1993
Dear Mr. Maxwell:
P.O. BOX 1059
BREA, CALIFORNIA 92622.1059
(17141 990-0901
TELEPHONE (l
13101 691-3611
9113 FOOTHILL BOULEVARD
SUITE 200
RANCHO CUCAMONGA. CALIFORNIA 91730
(9091 960-2742
TELEPHONE
19091 3 81-0 2 18
IN REPLY PLEASE REFER TO:
Brea
This correspondence is in response to yours of August
10, 1993 with regard to a request for information pertaining to
Mayor Miller's alleged conflict of interest concerning the
South Pointe project.
Preliminarily, let me point out that I have spoken
with Mr. Montgomery with regard to corresponding with you,
directly, and Mr. Montgomery, on September 22, 1993, indicated
that he has no concerns with my direct correspondence with you.
Additionally, it must be noted that your correspondence was
directed to me at the City Hall. As you may know, I do not
maintain an office presence at the Diamond Bar City Hall on a
daily basis and, accordingly, mail directed to me at that
location is collected by the City Clerk's office and forwarded
to me. Unfortunately, the letter dated August lo, 1993 was not
received by the undersigned until shortly after September 9,
1993.
Specifically with regard to your query, please be
advised that I have reviewed the files pertaining to Mr.
Miller's interests, or more appropriately, lack thereof,
vis-a-vis the South Pointe area. As you may know, the matter
is considered by this office to be attorney-client privileged
as to any information presented to me by Mr. Miller and,
additionally, any information provided by this office to Mr.
Miller with regard to the topic in question or related topics.
However, Mr. Miller has specifically instructed me to
correspond with you on the topic and to provide whatever
Max Maxwell
September 24, 1993
Page Two
information I may have in my possession which he has provided
to me. Accordingly, Mr. Miller has instructed me,
notwithstanding the attorney-client privilege, to correspond
with you regarding the matter.
My review of our files reveals that the information
provided to me by Mr. Miller was returned to Mr. Miller or
destroyed by this office after review by the undersigned.
Stated otherwise, it is not my normal practice to maintain
personal, confidential records either of a business or
individual nature with regard to clients on conflict of
interest matters. I typically return such documents or, at the
request of the client, destroy the same in order to preclude
any inadvertent release of personal, private and privileged
information. Accordingly, specifically with regard to your
request, this office does not maintain the material which was
supplied to us.
Very truly yours,
An rew V. Arczynski
City Attorney
City of Diamond Bar
AVA/nlc
N\1011\LMAXWELL\DB 28.1
cc: Mayor Gary Miller (transmitted by fax)
Max Maxwell
3.211 Bent Twig Ln.
Diamond Bar, CA 91765
714 861-4121
Andrew Arczynski, City Attorney
City of Diamond Bar
21660 E. Copley Dr., Ste. 100
Diamond Bar, CA 91765
Dear Andrew Arczynski;
L�r��� ��•
1. .� � � 4 .•.•i ii' __ .
August 10, 1993
I am requesting copies of the information Mayor Gary Miller
submitted to your office that clearly states his position on not
having a conflict of interest in the South Pointe Master Plan, or
the R -N -P Development Inc. properties.
Gary Miller stated publicly that this information is available from
your office many months ago. I have already asked for this
information, however all the City gave me is a letter dated January
5, 1993 addressed to Councilman John Forbing, where Gary Miller
stated his position as: "The purpose of this letter is to inform
my City Council colleagues that -I have made a decision to not be
involved in either the processing of nor the decisions relating to
one of the maps that has been submitted (Map No. VTM 51407) that is
a part of the South Pointe Master Plan."
The above statement is NOT a clarification of Gary Miller's
potential conflict of interest, nor does it meet the requirements
Of supplying to the puplic enough material to clarify the issue.
Please forward the material that Gary Miller has submitted. If
the above letter is all that exists, please respond in writing to
clarify the matter.
Thank you,
Max Maxwell
LRT FILEWICY MIL.93
MINUTES OF THE CITY COUNCIL
REGULAR NESTING OF THE CITY OF DIAMOND BAR
JANUARY 18, 1994 Atl
PT
1. CALL TO ORDER: M/Werner called the meeting to order
at 7:00 p.m. in the AQMD Auditorium, 21865 E. Copley Drive,
Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by M/Werner.
ROLL CALL: Mayor Werner, Council members Ansari
and Miller. Mayor Pro Tem. Harmony and Councilmember Papen
arrived at 7:05 p.m.
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.
PRESENTATION ON EARTHQUAKE PREPAREDNESS: Phil Armentrout,
the City's Disaster Preparedness Officer presented a brief
overview of D.B.'s efforts regarding the recent earthquake and
the surrounding area and briefly described the following
programs in place to respond to these disasters: the
Multi -hazard Functional Plan; the Neighborhood Emergency
Action Team; the Emergency Resource List and development of a
Mobile EOC. He stressed the importance of the City and City
staff to properly train to respond to disasters, with emphasis
on senior citizens since they are a target hazard during an
earthquake. He also stressed the importance of creating a
volunteer program for citizens in the community to assist in
emergency situations.
CITY ATTORNEY UPDATE ON LITIGATION MATTERS: ICA/Montgomery
reported that there would be a need for Closed Session to
discuss a settlement proposal relating to the litigation
involving Diamond Bar Associates, as well as an update on
Ordinance No. 4. CM/Belanger, regarding the Council's request
at the January 4, 1994 meeting for a second opinion relating
to the validity of Ordinance No. 4 and any action taken on
reliance of Ordinance No. 4, reported that Katherine E. Stone,
an attorney affiliated with the firm of Myers, Widders and
Gibson, indicated that it is likely that the court would find
that Ordinance No. 4 is pre-empted by State law, and therefore
invalid; however, even if it is found invalid, land use
permits granted pursuant to Ordinance No. 4 are valid unless
challenged in a court of law with an applicable statute of
limitations.
2. PUBLIC COMMENTS: Tom Van Winkle, 21183 Gerndal,
concerned with the recent earthquakes, noted that the reason
D.B. allowed clustering for open space was because most of the
canyons are unstable. He complimented ICA/Montgomery in
settling four lawsuits out of court.
Linda Graves, 1147 N. Del Sol Ln., expressed concern for the
location of the proposed Material Recovery Facility in the
City of Industry.
JANUARY 18, 1994 PAGE 2
Nancy Villalobos, 27810 Decorah, supported the capabilities of
ICA/Montgomery in representing the City in legal matters. she
requested the resignation of Council Members Papen and Miller.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., suggested
that the Council establish a definite time to adjourn regular
meetings, and if needed, call an emergency meeting the next
day. She expressed support of ICA/Montgomery. She stated
that the reason for the recall efforts of Council Members
Papen and Miller is because of their lack of representation
and respect for the community.
Red Calkins, 240 Eagle Nest Dr., expressed concern that the
Council is still not conducting City business appropriately
and that the City's Code Enforcement Officer is not doing his
job adequately.
Frank Dursa, 2533 Harmony Hill Dr., stated that only a few
people met his challenge to donate $100 to the Friends of the
Library. He inquired where the monies from Proposition A have
been utilized and expressed support of the recall efforts
against Council Members Miller and Papen.
Robert Gannon, 2641 Rising Star Dr., opposed the proposed
Hamburger Hamlet at the Country Hills Towne Center. He stated
that the north end of the Center is being over -developed, thus
destroying the existing neighborhood. He suggested the City
establish a Citizens Oversight Committee for the Planning
Department.
CM/Belanger reported that Tom Wolff, representing Country
Hills Towne Center, indicated that Hamburger Hamlet has
officially determined not to go through the development of a
restaurant at the Center.
Max Maxwell, 3211 Bent Twig Ln. announced a meeting scheduled
at Whittier College on March 18-19, 1994 relating to the Chino
Hills Corridor. He requested that the City conduct an
investigation determining if C/Miller has an interest in the
South Pointe Master Plan. He also requested an investigation
of C/Papen's interest in the City's purchase of the four acres
in the South Pointe area. He expressed support of
ICA/Montgomery's capabilities to advise the City on legal
matters, as well as the recall efforts of Council Members
Papen and Miller.
C/Papen noted that the purchase of the four acres indicated by
Mr. Maxwell is of public record.
Albert Perez, Esq., 703 Pantera Dr., confirmed that he is the
attorney now representing all of ICA/Montgomery's old cases
involving the D.B. Citizens. He expressed concern with con -
conflicts occurring on the,City Council and in the community
and stressed the importance of working together. He then
expressed concern that the Pantera neighborhood will not be
JANUARY 18, 1994 PAGE 3
able to support the traffic that will occur from what appears
to be the development of a sports complex in Pantera Park.
CM/Belanger stated that a workshop has been held, in a series
of workshops, relating to planning Pantera Park. At this
time, staff and the consultant are seeking comments from the
community regarding the ultimate design.
Stephen Nice, 2621 Rising Star Dr., expressed support for the
recall efforts of Council Members Miller and Papen. He
commended ICA/Montgomery in his sound legal advice to the
City.
C/Miller stated that he is trying to do his job as a Council
Member and hopes that the City can begin to work together in
the best interest of the community. He expressed concern that
many statements are being made without any evidence or support
behind them.
M/Werner encouraged the community to keep comments construc-
tive and positive so that the Council can make appropriate
decisions in the best interest of the community.
Don Schad, 1824 Shaded Wood Rd., requested a meeting with
C/Miller to clarify facts regarding his business dealings in
the development of other communities which appear contrary to
his attitude and activities within D.B. He expressed dis-
appointment that the confrontation with C/Papen interfered
with his right to petition the government. He inquired why
only seven recall signs, of the hundred taken, were returned
to him after the ruling that recall signs could remain until
the conclusion of the recall time frame. He expressed support
for the recall of Council Members Papen and Miller.
Betty Chamberlain, 21302 Espada, requested that the City
Council address the process of allowing posters regarding
political issues during the Christmas season. She stated that
it is inappropriate for the audience to attack members of the
Council while conducting City business. She suggested that
the City consider a mediator to help resolve some of the
issues constantly being readdressed.
M/Werner, in response to Ms. Chamberlain, reviewed the
standards regarding temporary signs as indicated in the Sign
Ordinance.
Lydia Plunk, 1522 Deerfoot Dr., stated that the political
in -fighting has interfered with the positive vision of the
future of D.B., and has hurt the reputation of the City.
William Gross pointed out that C/Miller does not make himself
available to discuss issues with citizens as he has indicated.
He stated that Council Members Miller and Papen are the reason
the City does not have a General Plan. He requested that the
Council address the issue of certain Council Members
JANUARY 18, 1994 PAGE 4
threatening lawsuits during Council meetings. He stated that
there needs to be a plan developed to move the City forward in
the direction the community desires.
Tom Ortiz stated that he likes the new agenda format indicat-
ing the agenda item, recommended action and the person who
requested the item.
George Barrett expressed support of ICA/Montgomery's capabil-
ities. He requested C/Miller to publicly announce the
principals of RnP Development.
Joe McManus stated that it is improper for citizens to use the
Public Comment forum to lobby their recall efforts. He
indicated that ICA/Montgomery has wasted the taxpayers money
because of the necessity of obtaining a second opinion on the
validity of Ordinance No. 4 from another attorney, particu-
larly when a court of law already made a decision on the
issue.
3. COUNCIL CONKENTS: C/Papen expressed disappointment that
Hamburger Hamlet has chosen not to develop in the City. She
suggested that it may not be prudent to consider a
Redevelopment Agency and/or hiring a consultant for Economic
Development at this time, since the message being given by the
public to the business community is that it may not be wise to
invest in D.B. She discussed campaign contributions given to
Council Member candidates during elections and the appearance
of conflicts of interest. She also expressed concern that the
Council has hired ICA/Montgomery, one of the most political
attorneys in So. Calif.
C/Miller, in response to public comments made, pointed out
that ICA/Montgomery did not win any lawsuits for the City, but
resolved lawsuits he originally represented. He stated that
recall signs placed on private property will be removed. He
requested that comments regarding his wife and family not be
made during Council meetings. He stated that he would prefer
to work with the present City Council and to move the City
forward in a positive way.
C/Ansari stressed the importance of getting on with business.
She made the following announcements: the General Plan
Advisory Committee (GPAC) will meet on the second and fourth
Tuesday of each month at 7:00 p.m. at the Heritage Park
Community Center; a budget hearing is scheduled for February
1, 1994 regarding the Library; and the Friends of the Library
have scheduled a Wine and Cheese Fundraiser for Sunday, March
20, 1994 from 2:00 p.m. to 5:00 p.m. She then requested
ACM/Usher to provide a report on the Economic Development
Committee meeting.
ACM/Usher stated that staff will present an outline for an
Economic Development Program at the next Council meeting, for
business retention, attraction and development.
JANUARY 18, 1994
PAGE 5
C/Ansari stated that the Council will be considering, later on
in the meeting, forming a subcommittee to address the MRF
issue. She then stated that she is still accepting applica-
tions for Commissioner on Traffic & Transportation, Parks &
Recreation and Planning Commissions. She requested that the
meeting be adjourned in memory of Mary Healy, long time
realtor in D.B. She then reported that the reply from the
Fair Political Practices Commission (FPPC) to the issue
regarding her long time legal relationship with ICA/Montgomery
concerning her house subsidence is available for public
review.
MPT/Harmony reported that his very brief business encounter
involving ICA/Montgomery does not justify a conflict of
interest. He stated that the GPAC consist of indivduals
representing the community. He expressed support of the
proposal to hire a consulting firm to fight the proposed MRF,
as well as the appointment of an ad hoc committee to form a
concept of a cultural relations commission. He stated that
the "Sidewalk City Hall" has been quite effective in
encouraging peoples opinions and comments.
M/Werner concurred with Mrs. Courchesnel's suggestion of having
a definite time set to adjourn Council meetings; however, any
special meetings would have to be held at another facility
other than the. AQMD and there would not be televised coverage.
He suggested that the comments made during Public Comments be
issue -oriented in order to deal with the issues confronting
the City constructively. In response to Mr. Calkins, M/Werner
concurred that the Council meetings remain embarrassing
because of the conflicts and it would be beneficial if there
was a -higher level of conduct. In response to C/Papen
regarding campaign contributions from DBA, M/Werner stated
that the contribution came after the decision on the project,
which he voted to deny, and was given because they felt he was
sincere and up front in the decision making process. He then
stated that, though it is important to bring business to the
City, it is also important for the City to listen to the
community, address issues raised and develop a General Plan
informing developers where they stand. He then directed staff
to prepare a Certificate of Recognition for Dr. Frank Pelsue
who has worked closely and effectively with D.B. and is
retiring from the Southeast Mosquito Abatement District. He
then announced that the American Association of University
Women (AAUW) is selling Entertainment Books 194, available for
the San Gabriel Valley or the North Orange County area, to
benefit the library.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Planning Commission - January 24, 1994 - 7:00 p.m. - AQMD
Auditorium, 21865 E. Copley Dr.
4.2 General Plan Advisory Committee - January 25, 1994 - 7:00
p.m. - Heritage Park Community Center, 2900 S. Brea
Canyon Rd.
JANUARY 18, 1994
PAGE 6
4.3 Parks & Recreation Commission - January 27, 1994 - 7:00
p.m., Heritage Park Community Center, 2900 S. Brea Canyon
Rd.
4.4 City Council Meeting - February 1, 1994 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5. CONSENT CALENDAR:
5.1 MINUTES OF ADJOURNED REGULAR MEETING OF DECEMBER 14, 1993
- Approved as submitted.
5.3 NOTICE OF COMPLETION 1993-94 SLURRY SEAL IMPROVEMENT
PROGRAM - AREA FOUR - Accepted work completed by Roy
Allan Slurry Seal, Inc., released any retention amounts
per previously approved specifications and authorized the
City Clerk to file the Notice of Completion.
5.4 PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL
RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR
THE FISCAL YEARS ENDED JUNE 30, 1993 AND 1992 - Received,
accepted and filed Audit Reports for Fiscal Years ending
June 30, 1993 and 1992.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
5.2 WARRANT REGISTER - C/Papen questioned the credit card
charge of $101.45, on Page 5 of the Warrant Register,
which involved a meeting between one Council Member and
commissioners.
M/Werner explained that he held a meeting with his
appointed commissioners to discuss how the commissions
are progressing and what projects they like, or would
like to suggest for the upcoming term. He stated that he
was not aware of any City policies against such a
meeting.
C/Papen suggested that the Finance Committee be asked to
set up parameters for spending money in these kinds of
activities. She suggested that such meetings be required
to take place locally.
C/Papen then expressed concern for the bill received from
ICA/Montgomery for services in the month of December
1993, as indicated on page 11 of the Warrant Register.
She stated that the 4 to 6 hours charged for substitution
of attorney for private cases are inappropriate for the
City to pay. She pointed out that his contract has
exclusions for him not billing for charges where the City
has hired an outside attorney. She requested the items
be pulled from the Warrant Register and sent back to
ICA/Montgomery. She moved to approve the Warrant
Register, with the exception of the bill from
ICA/Montgomery. Motion failed for lack of second.
JANUARY 18, 1994 PAGE 7
ICA/Montgomery explained his billing pertaining to the
substitution of attorney amount as it relates to his
involvement with City business instructed by the City
Council. He noted that the maximum retainer amount for
City -related business had been exceeded, and if the
Council feels that the substitution of attorney was not
appropriate, that amount could be substituted into the
overage amount.
C/Papen stated that she feels ICA/Montgomery's conflicts
of interest are so convoluted with his involvement with
so many people he should not serve as Interim City
Attorney.
MPT/Harmony noted it would be more appropriate if each
item of concern expressed by C/Papen was discussed and
validated.
C/Miller stated that because of a possible conflict of
interest, he will abstain from participating in
discussion or voting on this item.
C/Ansari stated that copies of the papers presented by
C/Papen at this meeting should have been presented to the
City Council prior to the meeting for Council
consideration and information.
C/Papen explained that the issue is not to discuss each
itemization but to note that the City is being charged
for services rendered by ICA/Montgomery's previous
clients. She noted that ICA/Montgomery signed a
substitution of attorney on cases he resigned from
regarding private matters where he represented the
plaintiffs in lawsuits against the City. These cases are
not the financial responsibility of the City.
CM/Belanger reported that ICA/Montgomerys' involvement in
the coordination of the signing of the documents was
directed by the City Council. His involvement did not
include the context of the document. He stated that, in
his opinion, there was no conflict in terms of involve-
ment in conveying legal advice to the City Council.
M/Werner inquired if C/Papen had an opportunity to
discuss the issue with staff.
CM/Belanger stated that C/Papen had discussed the issue
with staff but not with the same amount of detail. It
remains the recommendation of staff that the City Council
consider approval of the Warrant Register as presented.
MPT/Harmony suggested that future concerns raised by
Council Members be dealt with issue by issue rather than
generally.
JANUARY 18, 1994 PAGE 8
C/Miller noted that since many issues will be raised over
time by Councilmembers, it is important that the Council
remain positive in its attitude toward one another.
C/Ansari suggested, that in the future, any documentation
supporting a concern should be presented to the City
Council so that an informed consensus can be reached.
M/Werner requested staff to prepare a brief responding to
the items raised by C/Papen.
C/Papen, concerned that there are various issues being
decided without full Council knowledge, suggested that
all five Council Members should then also be made aware
of decisions being made, and there should be three votes
from the Council on those issues.
MPT/Harmony moved, C/Ansari seconded to approve the
Warrant Register as submitted. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - MPT/Harmony, Ansari, M/
Werner
NOES: COUNCIL MEMBERS - Papen
ABSTAIN: COUNCIL MEMBERS - Miller
6. PUBLIC BEARINGS: 7:30 p.m. or as soon thereafter as matters
can be heard
6.1 RESOLUTION NO. 94-01 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR, CALIFORNIA REQUESTING AN
EXTENSION OF TIME PURSUANT TO SECTION 65361 OF THE
CALIFORNIA GOVERNMENT CODE FOR THE ADOPTION OF A CITY
GENERAL PLAN - CDD/DeStefano reported that the City needs
to make at least one out of six findings required by the
Government Code in order to justify an extension of time
request. The City appears to comply with the following
two findings: providing an extended public review
process and having an unusual circumstance due to
extenuating circumstances involving two referendums. He
stated that a General Plan is needed to approve any
discretionary land use permits.
C/Papen read a letter signed by Richard Siebert, Director
of OPR, denying the extension of time requested in 1992
because the City had an approved General Plan. She
stated that it is not necessary to fly four people to
Sacramento to argue the case for another extension since
there has been no change in the law since 1992. She
suggested that, as indicated by independent counsel
Kathleen Stone, the City either seek declaratory relief
on a Writ of Mandate from the courts on Ordinance No. 4,
or readopt Ordinance No. 4 since it worked for two years.
MPT/Harmony pointed out that, had Ordinance No. 4 been
JANUARY 18, 1994 PAGE 9
challenged, it would have been declared illegal at the
time.
C/Miller inquired if it were possible for ICA/Montgomery
to draft an emergency ordinance that the City Council
could enact to allow the City to get through the General
Plan process.
C/Papen stated that it is inappropriate for
ICA/Montgomery to make a legal decision on behalf of the
City in regard to Ordinance No. 4.
M/Werner noted that ICA/Montgomery is being asked if it
is possible to draft a new Ordinance, not make a decision
regarding Ordinance No. 4.
ICA/Montgomery explained that the statute applying to an
emergency ordinance requires a finding of eminent threat
to public safety and welfare. He stated that the most
cost effective and efficient approach is to apply for an
extension of time with OPR, as provided for in the
Government Code.
C/Miller questioned the reasoning for requesting the
extension since the City can continue to do the
day-to-day issuance of permits, and there is no
discrepancy application in the immediate future.
ICA/Montgomery stated that with the complete absence of
a General Plan, the City lacks jurisdiction to grant any
discretionary land use permits. The reason for the
extension is to accommodate applicants desiring to move
forward with their project.
CM/Belanger explained that the extension of time would
provide the City an opportunity for discretionary permits
to be applied for, processed and considered by the
Planning Commission, and if appropriate, by the City
Council, so that the City does not deprive someone the
use of their property. He then noted that the rejection
of the extension of time in 1992 by OPR was because the
City's then General Plan was actually in suspension
because it was being challenged in the courts. The
situation now is different in that the City Council
repealed the General Plan; therefore, there is no General
Plan and OPR is in a position to make a finding that the
City is still preparing and processing a General Plan.
C/Papen suggested that the issue be handled by a
conference call rather than flying four staff members to
Sacramento.
M/Werner opened the Public Hearing.
Max Maxwell, 3211 Bent Twig, expressed concern that
JANUARY 18, 1994 PAGE 10
hillside issues still have not been properly addressed in
any of the versions of the General Plan. He concurred
with the request for extension as long as there is solid
footing on what is being meant by discretionary approval,
thus eliminating possible confusion and/or inconsistency
that may be created in an application for development.
CM/Belanger, in response to Mr. Maxwell, explained that
this extension of time should have similar wording as the
extension of time requested on February 7, 1992, which
basically indicated that vesting tentative maps cannot be
applied for nor processed. The extension of time is
essentially granting the City the ability to deal with
discretionary land use actions that would involve CUPS,
variances and so forth.
Mr. Maxwell then inquired how much time was granted for
applicants to challenge Ordinance No. 4.
CM/Belanger stated that Ms. Stone indicated that the time
frame for the challenge varied depending on the land use
action.
Joe Larruta, Sunbright Dr., asked if the extension of
time can be requested and accomplished without sending
the City Attorney and staff members to Sacramento.
M/Werner explained that the reason for the Mayor, the
City Attorney, the Community Development Director and the
Assistant City Manager to go to Sacramento is to
represent the Council and the electorate and convey to
the staff of OPR the importance an extension has on the
City to continue to conduct business normally. It is a
matter of appearance, sincerity and desire on the part of
the City and how we want OPR to review our request.
Don Schad expressed support of the request for an
extension of time.
With no further testimony offered, M/Werner closed the
Public Hearing.
ICA/Montgomery, in response to C/Miller, advised that it
is best to go in person when dealing with Sacramento in
order to convey an urgency in the matter.
C/Ansari and MPT/Harmony concurred that it is important
that the City represent themselves appropriately to the
staff of OPR, demonstrating the City's sincerity and
desire to develop a General Plan.
The City Council concurred that the four staff members
recommended by staff should go to Sacramento to represent
the City regarding the request for an extension of time
on the General Plan.
JANUARY 18, 1994
PAGE 11
C/Papen expressed concern that the City will not be able
to develop a substantially different General Plan, as
required by law.
M/Werner, noting that the time is 11:00 p.m., inquired if
the Council would prefer to carry the remaining items
over to a Special Meeting.
C/Miller suggested that item 6.2 be considered following
Executive Session, carrying the remaining items to a
special meeting.
Following discussion, the City Council concurred to
consider item 6.2 before Executive Session, carrying the
remaining items to the next Regular City Council meeting.
MPT/Harmony moved, C/Ansari seconded to adopt Resolution
No. 94-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA, REQUESTING AN EXTENSION OF
TIME PURSUANT TO SECTION 65361 OF THE CALIFORNIA
GOVERNMENT CODE FOR THE ADOPTION OF A CITY GENERAL PLAN
and to direct staff to forward an application for an
extension of time to the State Office of Planning and
Research. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Miller, MPT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS - Papen
ABSENT: COUNCIL MEMBERS - None
6.2 STATEMENT OF OBJECTIVES AND PROJECTED USE OF 1994-95
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS -
CM/Belanger recommended that the City Council include
item 8.1, Workplace Substance Abuse Prevention Policy,
when considering the use of Community Development Block
Grant Program (CDBG) Funds because the City must, per
Federal requirement, adopt a policy that suggestes a
"drug free" work place.
CDD/DeStefano reported that the City expects to receive
approximately $291,000 in federal funds as a participant
in the 1994-95 L.A. Urban County CDBG Program. The
purpose of the funds are to provide a variety of
community development activities principally for persons
of low and moderate income. He requested that each
public service organization requesting funds briefly
introduce their current projects and their proposal to
receive funds in the upcoming year. He then reported
that the Boy Scouts requested that the $4,000 allocated
for camp activities in the current budget year be carried
over to the next budget year.
Allison Myers, representing the D.B./Walnut YMCA,
JANUARY 18, 1994 PAGE 12
reported that the YMCA requested an allocation of $11,674
to their programs.
Kathy Rogers, Executive Director, YWCA, stated their
program focuses on activities for middle school students,
particularly females, empowering them with skills and
attitudes to be productive, self reliant and self
sufficient. She requested the Council consider allocating
funds to expand the Y -Teen program to include middle
school girls.
Bob Quartucy, President, D.B. Senior Citizens, requested
that the City consider allocating the following funds for
programs to meet the needs of the senior population:
$400 for liability insurance; $600 to rent a truck once
a month to pick up surplus food for redistribution to
those seniors who qualify and donation of a metal storage
container.
David Schey, Chairman, Parks & Recreation Commission,
requested that the City Council consider allocating
$29,000 for senior programming to provide administrative
services to establish a program for drop-in services,
pay -for -services meals, pay -for -services recreation
programs and classes conducted at the Community Center,
and establishment of an information referral service
program tailored to the needs of the seniors.
Bob Rose, in response to M/Werner, stated that pay -for -
services meals could be paid for through AAA funding;
however, this proposal is to help pay for the
administrative services to establish the programs.
C/Papen, noting that the City can only use 25% of the
grant for public service, pointed out that General fund
money could be used for the Senior Programming proposal.
Joe Ruzicka, member of the Parks & Recreation Commission,
requested an allocation of funds to assist in
administrative costs associated with the Mediation
Center. In response to MPT/Harmony, Mr. Ruzicka stated
that the center is currently under the auspices of the
Claremont Dispute Resolution Center. Meetings are held
at City Hall on an as -needed basis. He stated that any
funds received through CDBG will be used for cases
handled in D.B. only.
Phil Armentrout, D.B. City Emergency Coordinator,
requested an allocation of funds toward expanding the
Senior Emergency Preparedness Program, as well as the
Community Awareness Project.
C/Ansari, noting that staff indicated that funds cannot
be allocated to these programs due to parent
ineligibility, inquired if there is any funding that can
JANUARY 18, 1994 PAGE 13
be obtained for these programs.
ACM/Usher explained that it was determined that the
programs would most likely be ineligible because those
who would receive benefit could not be clearly
categorized in the low and moderate income area. He
stated that, other than General Funds for these purposes,
the City would need to look to specialized emergency
preparedness and emergency services grants.
M/Werner opened the Public Hearing.
Don Schad offered his services, through the Tonner Canyon
Wilderness Conservancy, to the YWCA to provide an
opportunity for teen girls to take nature hikes.
CDD/DeStefano noted that certification of eligibility
would be difficult at this point since staff already
screened the applications received from the notification
process; however, if Mr. Schad plans to consider his
offer as a program in the future, it may be considered in
a subsequent year. Staff will convey Mr. Schad's offer
to the YWCA.
With no further testimony offered, M/Werner closed the
Public Hearing.
M/Werner pointed out that the City has limited funding
which must be distributed to each ofthe worthy agencies
as best as possible. He noted that staff indicated that
the request for funds totaled $574,000 and the City has
$291,00 to allocate.
C/Papen inquired if any of the funding could be used
toward the library.
CDD/DeStefano stated that, because of the income range in
D.B., it would be very difficult to verify that the money
is being used principally for persons of low and moderate
income.
C/Papen indicated that she is in support of fully funding
the YMCA programs because it impacts a great number of
children in the community and allows parents to have good
childcare at an affordable price. She suggested that the
funding be increased from the recommended $9,500 to
$11,500, reducing funds allocated to Senior Programming
to $27,000 and supplementing Senior Programming from the
General Fund monies.
M/Werner stated that it is the consensus of the City
Council to carry the remaining agenda items, except for
Closed Session, to the next regular City Council meeting.
C/Papen moved, C/Ansari seconded to approve the
JANUARY 18, 1994
7.
8.
PAGE 14
recommended 1994-95 CDBG Program with the proposed budget
of $290,932, amending the YMCA program to $11,500 and the
Senior Program to $27,000 and to approve the Workplace
Substance Abuse Prevention Policy. With the following
Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS -
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
OLD BUSINESS:
Ansari, Miller, Papen, MPT/
Harmony, M/Werner
None
None
7.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF THE COUNTRY
SANITARY SEWER SYSTEM IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS -
Plans and specifications for The Country Sewer Project
are complete and ready for bid. Continued to February 1,
1994.
7.2 PROFESSIONAL SERVICES AGREEMENT WITH LG&E POWER ENGINEERS
AND CONSTRUCTORS (FORMERLY ULTRASYSTEMS ENGINEERS &
CONSTRUCTORS, INC.) - The City retained U1traSystems
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 to February 1, 1994.
NEW BUSINESS:
8.1 WORKPLACE SUBSTANCE ABUSE PREVENTION POLICY - As a
participating City in the Community Development Block
Grant Program, the City must provide a "drug-free"
workplace. In accordance with this Federal requirement,
a Substance Abuse Prevention Policy was developed. The
policy discusses its purposes and the specific actions to
be taken against employees for violation of such
prohibition.
C/Papen moved, C/Ansari seconded to approve the
recommended 1994-95 CDBG Program with the proposed budget
of $290,932, amending the YMCA program to $11,500 and the
Senior Program to $27,000 and to approve the Workplace
Substance Abuse Prevention Policy. With the following
Roll Call vote, motion carried:
JANUARY 18, 1994
AYES:
NOES:
ABSENT:
PAGE 15
COUNCIL MEMBERS
COUNCILMEMBERS -
COUNCILMEMBERS -
- Ansari, Miller, Papen, MPT/
Harmony, M/Werner
None
None
8.2 CONSIDERATION OF ESTABLISHMENT OF 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. Continued
to February 1, 1994.
8.3 CONSIDERATION OF ESTABLISHMENT OF AD HOC COMMITTEE RE
PROPOSED CITY OF INDUSTRY MATERIALS RECOVERY FACILITY -
Establishment of a committee to advise the City Council
and assist in coordinating activities, within the City,
as well as, inter -community coordination, re the proposed
Industry Materials Recovery Facility (MRF). Continued to
February 1, 1994.
8.4 REQUEST FOR PROPOSAL FOR CITY ATTORNEY SERVICES - The
solicitation of proposals from qualified individuals and
law firms for the provision of City Attorney services.
Continued to February 1, 1994.
9. ANNOUNCEMENTS:
10. CLOSED SESSION: MAY CONVENE TO CONSIDER: Matters of pending
Litigation (G.C. 54956.9).
ICA/Montgomery reported that the City Council will discuss
pending litigation concerning Diamond Bar Associates v. the
City.
M/Werner adjourned the meeting to Closed Session at 12:15 a.m.
M/Werner reconvened the meeting from Closed Session at 1:10
a.m.
ICA/Montgomery reported that the attorneys were instructed to
continue with their efforts to resolve the litigation.
11. ADJOURNMENT: Due to the lack of a quorum following
the Closed Session, M/Werner adjourned the meeting in memory
of Mary Healy at 1:20 a.m. to February 1, 1994 at 7:00 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
U7'IMMM& ^" Mw" ^MM%? ^^WWeVYL ��
REGULAR MELTING OF THE CITY OF DIAMOND BAR AF7
FEBRUARY 1, 1994
1. CALL TO ORDER: M/Werner called the meeting to order
at 7:00 p.m. in the AQMD Auditorium,
21865 E. Copley Drive, Diamond Bar,
California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge
of Allegiance by Mayor Werner.
ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony,
Council Members Ansari, Miller and
Papen.
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; Bobby Rose,
Community Services Director; and
Lynda Burgess, City Clerk.
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
2.1 CERTIFICATE OF RECOGNITION - Dr. Frank Pelsue, outgoing
Executive Director, Southeast Mosquito Abatement District
- Certificate was presented earlier.
2.2 CERTIFICATE OF RECOGNITION - Diamond Bar Improvement
Assn. - M/Werner presented the Certificate to Ernie and
Jessica Schutte, Diamond Bar Improvement Association
(DBIA) volunteers, for their involvement in removing
graffiti in the City.
3. PUBLIC COMMENTS: Ron Layton informed the City Council
that two individuals were recently seeking signatures at the
Little League Fields for petitions they claimed were against
the proposed Materials Recovery Facility (MRF), though it
turned out that they were collecting signatures for the recall
effort.
M/Werner requested the City Attorney to provide a response
whether the City has any jurisdiction over the matter.
C/Papen stated that it is inappropriate for ICA/Montgomery to
make a ruling on this issue since he was the private attorney
for the chairman of the recall group.
ICA/Montgomery explained that the right of political and
religious freedom may be exercised in a reasonable manner on
private property generally open to the public. He stated that
if there is a misrepresentation to the circulation of the
petition, it is a matter for the District Attorney.
Jim Paul, 1269 Ahtena Dr., requested the City to investigate
the condition of the roads in D.B., particularly in the area
known as Area "A." He also requested the City to investigate
FEBRUARY 1, 1994 PAGE 2
the possibility of installing a signal at the intersection of
Calbourne and Colima Rd. to help slow traffic.
Curtis Bratton, 24153 Silver Spray Dr., expressed concern that
HUD funds under the CDBG program are not made available to
private citizens of D.B.
M/Werner explained that the City conducted a public hearing at
the last meeting to determine the allocation of the CDBG funds
to various social agencies providing services to local
citizens and beneficiaries in the City.
ACM/Usher reported that the City Council has allocated the
funds available to about 10 community service programs
designed to help families and individuals at the low and
moderate income levels, as well as certain specified groups
such as the handicapped and elderly. He stated that D.B. has
not yet started a housing rehabilitation program, as is
desired by Mr. Bratton, because the amount of funds received
by the City is fairly small. Staff will assist Mr. Bratton in
any way possible.
MPT/Harmony, noting that the Property Maintenance Ordinance is
currently being reviewed by the Planning Commission, inquired
if the City is planning any specific program addressing rehab-
ilitation of older homes in the City.
CM/Belanger stated that the development of such a program has
not been explored. He noted that, because of the eligibility
requirements for most of the CDBG programs, the City may have
to look at other funding mechanisms to provide a funding
source to pursue a home improvement or property upgrade loan
or grant program.
CDD/DeStefano reported that staff will be attending a meeting
with the L.A. County Community Development Commission on
February 9, 1994 for a presentation on the "Home Program" for
housing rehabilitation as well as a first-time home buyer
deferred loan program.
William Gross, 21637 High Bluff Rd., expressed support of the
Council's efforts to revise the General Plan. He stated that
the Recall Group has agreed to defer comment on personal
political issues to give the present City Council the best
chance possible to run the City.
Bob Chamberlain, 21305 Espada P1., expressed concern that
there is a perceived notion by the public of wrong -doing on
the part of the Council because many items are not properly
presented or fully explained. He suggested that the Council
provide a statement supporting the Interim City Attorney and
indicating that there is no conflict of interest so the
general appearance of misunderstanding is avoided. He also
suggested that the Council make a statement explaining the
purchase of airline tickets to Sacramento prior to approval by
FEBRUARY 1, 1994
PAGE 3
the Council. He then expressed concern that the names of City
volunteers seem to be passed around for use of Council
Members' particular special interest groups, such as recall
campaigning. He pointed out that if these small items are not
explained properly, then it will be harder to develop commun-
ity trust on bigger issues.
M/Werner concurred that Council Members should adhere to a
policy of not being involved in the recall campaign because of
the appearance of impropriety. He explained that the City
pre -purchased a block of corporate tickets, at a discount
price, to Sacramento; however, no detail of the trip was pro-
vided to the Council until after the discussion of the item at
the last meeting.
C/Papen pointed out that the names and flight numbers were
already filled out on these pre -purchased tickets prior to the
City Council meeting.
Sherry Rogers, 2660 Broken Feather, concerned that recall
signs are being posted illegally, suggested that the City
develop an ordinance that would fine people for illegally
posting signs on public property, as is done in Fullerton.
She then expressed concern that false statements made during
break time at General Plan Advisory Committee (GPAC) hearings
are not being substantiated; and therefore should not be said
at all.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., stated that
the people involved in the lawsuits with C/Miller are citizens
of D. B.
M/Werner reminded the audience to keep public comments to
issues of a constructive nature.
Nick Anis, 1125 Bramford Ct., expressed concern that people
are being cut off from speaking out on City issues. He asked
staff to verify if the tickets to Sacramento were prepared
prior to Council approval. He questioned if ICA/Montgomery is
qualified to be the City Attorney and whether he has a
conflict of interest.
M/Werner confirmed that ICA/Montgomery is qualified to be the
City Attorney and there is no conflict of interest. He noted
that the request for proposal for City Attorney is an item on
the agenda.
Nick Anis presented pictures of C/Ansari apparently involved
in circulating petitions for the second referendum.
C/Ansari stated that the pictures are depicting her circulat-
ing fliers for her candidacy. She stated that she was not
involved in the second referendum.
Max Maxwell requested clarification on how the extension of
FEBRUARY 1, 1994 PAGE 4
the General Plan can allow for the removal or relocation of
the 400, 000 cubic yards of dirt on the South Pointe Middle
School site.
CDD/DeStefano reported that Bob Cervantes, Chief Planner for
the State in the Governor's Office of Planning and Research
(OPR), indicated that he has recommended approval of the
City's extension of time request for the General Plan. The
City should be receiving the conditions in the extension
letter in the near future that should incorporate substan-
tially the same conditions with the City's original extension
request approved in February of 1992.
In response to C/Miller, CDD/DeStefano explained that certain
land use projects may be approved by the City subject to the
limitations contained within the conditions of the approval
letter.
C/Miller noted that the School District cannot build the
middle school until the City grants a permit to move the dirt.
He further noted that if the City had a General Plan a year
ago, the EIR could have been certified for Mr. Arciero to
remove the dirt, thus allowing the District to construct the
middle school.
C/Papen stated that the extension granted by OPR would not
affect the School District's ability to construct the middle
school because the School District's EIR on the construction
of the new school did not include the offsite location for the
removal of the dirt. There must be a General Plan to approve
the EIR for the destination of the dirt upon grading.
CDD/DeStefano explained that the purpose of the extension of
time is to establish an interim land use policy and an interim
set of development processing guidelines that are granted by
the State to local cities not having a General Plan. He
explained that the City must make the basic finding, through
this extension process and the processing of projects, that
the City's action to approve a land use project will not be in
conflict with the then draft General Plan and/or in conflict
with the contemplated future.General Plan.
C/Papen pointed out that the City Council voted, in January of
1994, to table the discussion and the approval of the South
Pointe Master Plan. She inquired how, with the extension
granted, can the City certify the EIR for the South Pointe
Master Plan to allow the School District to proceed with
construction of the middle school.
M/Werner noted that the City will know more clearly if the
extension presents the potential for the City to resolve this
issue when the extension letter is received.
CM/Belanger stated that a vesting map, submitted and in
process prior to the issuance of the extension letter, can
FEBRUARY 1, 1994 PAGE 5
continue on to conclusion. Each vesting map will be evaluated
in relationship to the conditions stated in the extension
letter received from OPR.
M/Werner pointed out that the Master Plan is not a mandatory
condition for the South Pointe development, and perhaps the
grading plan should not be subject to the approval of the
entire Master Plan. He noted that the tabling of the South
Pointe Master Plan issue does not necessarily mean that the
School District cannot proceed on its own merits, utilizing
creativity to move the minimum amount of dirt necessary in an
environmentally sensitive approach.
Max Maxwell inquired if there would have to be a future hear-
ing for the removal of the dirt to allow the School District
to proceed.
CM/Belanger stated that a public hearing would be conducted if
there was acquiescence from Mr. Arciero regarding the removal
of the dirt.
Joel Halle, 39 Carriage Way, Phillips Ranch, stated that he
would like to establish the International Fraternal Order of
the Knights of Pythias, a fraternal and charitable order, in
D.B.
Kim Weingarten, member of the Board of Directors of the Little
League, expressed concern that those individuals circulating
petitions at the Little League fields would not leave upon
request. She stated that it did appear that they were circu-
lating misinformation. She then inquired if the tickets to
Sacramento were prepared prior to the meeting.
CM/Belanger stated that the tickets were prepared Tuesday
morning prior to the Council meeting, to be prepared for the
Wednesday morning trip, in anticipation of an action of
approval by the City Council. The intent of such preparation,
as ordered by the City Manager's Office, was merely good
management procedure. He noted that, had the matter not been
approved, the trip and the tickets would have been cancelled.
Jeff Nelson expressed concern that he was wrongly accused of
stealing Mr. Anis' signs. He then stated that the City seems
to be focusing only on recall signs being illegally posted
when in fact the City should be concerned about many other
signs illegally posted as well.
C/Papen pointed out that the billboards on Diamond Bar Blvd.,
constructed by Mr. Nelson, are in violation of Building and
Sign Codes.
C/Ansari asked who is responsible for a sign once it is
installed on private property --the person who constructed the
sign or the person who owns the private property.
FEBRUARY 1, 1994 PAGE 6
CM/Belanger stated that the property owner is responsible for
the sign being in compliance with City codes.
Jeff Nelson complained that the guidelines in the Sign Code
are ambiguous, and seem to change upon resubmittal of appli-
cations. He also pointed out that he donated the sign located
on Diamond Bar Blvd. and, therefore, he is not the owner.
ICA/Montgomery, at the request of M/Werner, stated that he
wrote a memorandum to CDD/DeStefano on the interpretation of
the City Sign Ordinance on public property.
C/Papen reiterated her concern that since ICA/Montgomery
represented the recall group, he should not be making rulings
on issues in which he does have a conflict of interest. She
then expressed concern that either her requests for inform-
ation from ICA/Montgomery or staff are not being responded to,
or are being responded to through the Mayor. She stated that
as a Council Member, she has a privilege of this office to
receive a direct response to any requests for information from
staff.
M/Werner requested CM/Belanger to explain the clause in the
Sign Ordinance indicating the time frame allowed for the
removal of recall signs.
CM/Belanger stated that temporary signs, which. are signs on
public property, must be removed within 10 days after the
conclusion of the event.
C/Papen, noting that the property owner, Bernie Mazur, is
present in the audience as well, suggested that staff meet
with Mr. Mazur to discuss the issue. She pointed out that the
City gave notice to Mr. Mazur on December 28, 1993 that the
sign was in violation.
M/Werner requested staff to assure that the Ordinances will be
satisfied, and to report back to the Council prior to the end
of the meeting.
Don Schad commended M/Werner on the job he was doing as Mayor.
He confirmed that C/Ansari was not involved in the second
referendum. He stated that he is satisfied with the explan-
ation offered regarding the tickets to Sacramento.
Sherry Rogers encouraged citizens to attend the GPAC meetings
so the community is well represented in hopes of avoiding
another referendum. She stressed the importance of protecting
property rights for everyone.
Frank Dursa suggested that the City Council inform the media
that City Council meetings now begin at 7:00 p.m.
Ken Anderson displayed slides of the areas of So. Calif. that
recently experienced earthquakes,, for information purposes.
FEBRUARY 1, 1994 PAGE 7
4. COUNCIL COMMENTS:
C/Papen announced that the children at Quail Summit Elementary
School are fundraising to collect money to construct a
memorial for Todd Cameron. Anyone desiring to contribute
money can send it to Carolyn Hogan, the principal. She then
requested staff to invite the Superintendent of the Pomona
Unified School District, or the chairman of trustees, to
attend a Council meeting and perhaps explain any problems they
may be having regarding the construction of the Diamond Ranch
High School so that the City could offer assistance, if
possible. She then expressed concern that her position on
issues is being misrepresented at events such as the Little
League fields, and GPAC meetings, particularly regarding the
MRF. She clarified that she has attended meetings opposing
the MRF and feels the proposed MRF is too close to D.B. and
must be relocated, as well as reduced in size. She reiterated
her concern that ICA/Montgomery has a conflict of interest
representing the City. She requested that item 8.3, Request
For Proposal For City Attorney Services, be brought forth as
the first item of the meeting since it was carried over from
the last meeting. She also requested that the items request-
ing $140,000 in consulting contract fees, which are not appro-
priated in the budget, be held over until the budget review
process. She then announced that the Metropolitan
Transportation Authority (MTA) will be discussing fully
funding the four-year Call For Projects on the carpool lanes
including HOV lanes on the 57 and 60 freeways, at their Board
meeting scheduled February 2, 1994.
C/Miller clarified the following issues he feels have been
misrepresented through the recall process; he has always
opposed the MRF; a recall election will cost the City between
$30,00 and $50,000; recall signs are being illegally placed;
and he noted that the Diamond Bar Associates (DBA), who are
suing the City, have given money to the proponents of the
recall effort, which had adamantly opposed their project
originally.
C/Ansari stated that she had attended a CLOUT meeting and that
a representative of SANDBAG indicated that it is estimated
$1.4 billion will be needed by the Federal Government for the
State to reconstruct the roads damaged by the earthquakes.
She noted that the Federal Government will cover this cost
100% if the bids are prepared within 180 days of the disaster;
however, the $1.3 billion needed to retrofit the 900 bridges
will probably have to come out of other funds for the State.
She then encouraged all citizensto oppose the proposed City
of Industry Material Recovery Facility (MRF), which will
handle 5,700 tons of garbage a day, the biggest MRF now oper-
ating on the west coast. She expressed confidence in the
ability of ICA/Montgomery to advise the City in legal matters.
She then reiterated that she was not involved in the second
referendum or the recall effort.
FEBRUARY 1, 1994 PAGE 8
MPT/Harmony stressed the importance of working together to
develop a General Plan within 90 days that represents the
community so the City can begin facing its other issues. He
then stated that he and C/Ansari, as members of the Finance
Committee, are looking toward developing procedures regarding
how City money is expended. He also stated that the City is
developing an organized approach to fight the MRF. He then
requested an update from ICA/Montgomery regarding the request
made to locate missing documents in Mr. Arczynski's possess-
ion.
ICA/Montgomery reported that a response had not yet been
received from his written request.
MPT/Harmony moved to turn the matter over to the City
Prosecutor.
C/Miller stated that a letter sent to Mr. Arczynski from
ICA/Montgomery, dated February 1, 1994, was received and a
response should be sent out shortly.
MPT/Harmony expressed concern that the request for these
documents have been made for over a year now. The documents
should have been available for public review since they are
public documents.
C/Miller noted that the City Attorney's office had indicated
that these documents are not public documents available for
public review.
C/Papen stated that the documents being requested are personal
financial records, which are not public property despite what
ICA/Montgomery has ruled.
MPT/Harmony suggested that the documents be turned over to an
authority that can properly handle the issue.
MPT/Harmony's motion died for lack of a second.
C/Miller asked ICA/Montgomery if it would be more appropriate
to file with the FPPC and request an investigation of that
elected official if there is a perception of a conflict of
interest or some impropriety. He explained that an investi-
gation was conducted by the FPPC on this issue last year, and
if there was any impropriety, the City would have been
informed.
ICA/Montgomery explained that he received a citizen's request
for some documents usually available through the City Clerk's
office; however, the City Clerk indicated that those documents
were in the possession of the former City Attorney. He stated
that he wrote Mr. Arczynski for those documents, and any
response received to that request will be forwarded to the
City Clerk. It will be up to the City Council to determine if
they desire an opinion from the FPPC or not.
FEBRUARY 1, 1994
5.
Cp
PAGE 9
M/Werner, in response to concerns regarding ICA/Montgomery's
qualifications, stated that he feels ICA/Montgomery is highly
qualified and experienced in municipal law. He pointed out
that ICA/Montgomery was successful in legal matters when
representing the Citizens Group of D.B., taking a position of
pursuing issues in the best interest of the community, not his
own personal interests. He stated that he feels ICA/Montgomery
has been an attribute to the City in suspending or removing
pending lawsuits. He pointed out that it is doubtful that
ICA/Montgomery would put himself in a position of a conflict
of interest.
C/Papen requested that the Council discuss the item regarding
City Attorney Services as the first item of the agenda.
M/Werner stated that it is inappropriate to make a motion at
this time. He noted that it appears that the consensus of the
Council is to proceed with the agenda as presented.
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 & 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.
CONSENT CALENDAR: C/Miller stated that he would be
abstaining from voting on Item 6.7
C/Miller, in regard to Item 6.10, inquired if the City is
seeking reimbursement from the taggers.
CM/Belanger stated that reimbursement is within the provisions
of the Ordinance; however, at this point the City has not
taken an affirmative action for restitution. He stated that,
if so desired, staff can indicate to the District Attorney
that the City is interested in taking an affirmative action.
The City Council concurred to abide with the ordinance as
drafted and seek restitution from the taggers.
C/Papen stated that she will be abstaining from voting on item
6.8. She requested that item 6.11 be pulled from the Consent
Calendar. She then indicated that she would like to present
the plaques in response to item 6.12.
M/Werner stated that he had instructed staff not to prepare
plaques because it is inappropriate to give plaques to members
of the Council and consultants for doing their jobs regarding
FEBRUARY 1, 1994
PAGE 10
the settlement with L.A. County.
C/Papen, concerned that M/Werner would veto her request,
explained that she had offered to pay for the four plaques
because she felt it to be important to recognize good work
that resulted in a cash settlement in excess of $2.3 million
dollars.
M/Werner pointed out that many individuals were involved in
the formulation of this approach that should receive recog-
nition. It is important to adhere to the City's policy of the
use of plaques and City proclamations.
M/Werner, in response to C/Papen's concern that items regard-
ing contract fees are placed as Consent Calendar items,
explained that it was included as a Consent Calendar item
because LG&E Power Engineers and Constructors had been
retained by the City in the past to prepare EIR comments to
the City of Industry's MRF, and they are being retained again
to respond to an entirely new EIR prepared by the City of
Industry.
6.1 APPROVAL OF MINUTES - Regular Meeting of January 4, 1994
- Approved as submitted.
6.2 VOUCHER REGISTER - Approved Warrant Register dated
February 1, 1994 in the amount of $643,410.81.
6.3 TREASURER'S REPORT - Received and filed Treasurer's
Report for Month of December, 1993.
6.4 CLAIMS FOR DAMAGES:
6.4.1 Filed by John M. Davis November 16, 1993 -
rejected the request and referred the matter
for further action to Carl Warren & Co., the
City's Risk Manager.
6.4.2 Filed by Joseph Lopez January 14, 1994 -
rejected the request and referred the matter
for further action to Carl Warren & Co., the
City's Risk Manager.
6.5 ADOPTED RESOLUTION NO. 94-02: 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.
6.6 ADOPTED RESOLUTION NO. 94-03: 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 - 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
FEBRUARY 1, 1994
PAGE 11
construction of an Arco AM/PM mini -mart.
6.6.1 ADOPTED RESOLUTION NO. 94-04: 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.
6.7 ADOPTED RESOLUTION NO. 94-05: 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.
(C/Miller abstained from voting on this matter.)
6.8 AWARDED BID FOR GRAND AVE. GUARDRAIL/LANDSCAPE
IMPROVEMENTS - to Accurate Landscape and Maintenance
Corp. in the amount of $31,175. (C/Papen abstained from
voting on this matter.)
6.9 APPROVED PROFESSIONAL SERVICES AGREEMENT WITH LG&E POWER
ENGINEERS AND CONSTRUCTORS (FORMERLY ULTRASYSTEMS
ENGINEERS & CONSTRUCTORS, INC.) - with LG&E Power
Engineers & Constructors, Inc. in an amount not -to -exceed
$30,000.
6.10 AUTHORIZED GRAFFITI REWARDS - Five $500 rewards to
individuals providing information that led to the
apprehension and conviction of the persons who placed
graffiti on structures in D.B.
6.12 APPROVED AGREEMENT BETWEEN CITY OF DIAMOND BAR AND COUNTY
OF LOS ANGELES RE: PROPERTY TAX TRANSFER ADJUSTMENT - For
adjustment of property tax transfers for the years
1989-90 through 1992-93, repayment of property tax owed
due to the adjustments, payment of an amount owed for
interim services (April 18, 1989 through June 30, 1989)
and dismissal of the lawsuit filed by the City in March,
1991.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.11 RESOLUTION NO. 94-07: 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 - C/
Papen expressed concern that the staff report did not
include a financial analysis and a needs assessment for
this program, indicating the number of people affected,
the size of grant being applied for and the number of
seniors needing a hot meal program. She also expressed
concern that the program would give year-round exclusive
use of the Community Center to the seniors program. She
suggested that staff investigate the use of the Heritage
FEBRUARY 1, 1994 PAGE 12
Park Apartments, which has a community room and kitchen
facility larger than what is at the Heritage Park
Community Center, for this program perhaps as an
alternate site. She suggested that the motion should
separate support for the food program from the author-
ization of the Community Center facility.
C/Ansari stated she would concur with tabling the matter
to determine how many seniors would need the program.
She pointed out that the program not only provides a warm
meal, but also provides socialization, which encourages
more involvement in the senior programs. She stated that
she was pleased with how the program was operated in San
Dimas.
MPT/Harmony requested clarification as to the City's
flexibility to look for alternate sites later in the year
if the Council should decide to enter into agreement with
Intervale. He then inquired if it were possible to
declare the exclusive use, subject to determining if
there are other facilities available.
CM/Belanger indicated that, if the Council entered into
an agreement with Intervale, the hours of operation would
be up to the City Council, and there is flexibility for
adjustment to the program later on when the City enters
into an agreement with Intervale Services. This is a
Resolution to support an application, and the City is not
obligated to future participation in the program if some
elements of the program are not acceptable. He reported
that since the application deadline has been extended to
February 23, 1994, the City Council can wait another
meeting before making a decision. He then explained that
since CDBG funds were a significant portion of the funds
expended to construct the Heritage Park Community
Building, the City is committed to senior programming at
the facility for a reasonable period of time; however,
the City is not committed to the exclusive use of the
facility for seniors.
M/Werner stated that Lively Seniors and other senior
groups in the City have expressed support for the City
pursuing this nutrition program. He pointed out that
there are no other activities that have been proposed at
the Community Center that would be in conflict with this
time schedule. He then inquired if there could be a
program this summer at the Center that could result in a
potential conflict.
CSD/Rose stated that many of the youth recreation pro-
grams are conducted in School District facilities and/or
the portable building at Sycamore Canyon. Staff could
look at alternative sites that would meet specifications
set by the L.A. County Health Department.
FEBRUARY 1, 1994
PAGE 13
C/Papen moved, C/Ansari seconded to adopt Resolution No.
94-07: 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. With
the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/
Harmony, M/Werner
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7. OLD BUSINESS:
7.1 TEMPORARY FUNDING OF LIBRARY SERVICES - TWO ADDITIONAL
DAYS, FEBRUARY 14, 1994 THROUGH JUNE 30, 1994 - ACM/Usher
recommended that the Council allocate $70,000, $60,00 for
funding of two additional days of D.B. Branch Library
services from February 14, 1994 through June 30, 1994,
and $10,000 for the purchase of media materials for the
exclusive use of the D.B. Branch.
C/Miller expressed support of the recommendation but
expressed concern that a perception will be created that
D.B. will pick up the shortfall for L.A. County. He
noted that the amount being recommended could be used to
slurry seal and repair a number of streets throughout the
City, which is just as important as library services. He
questioned if, at the end of the four and one-half month
period, D.B. will be subsidizing the County the entire
amount on a yearly basis for the County Library. He
suggested that the City lobby Supervisor Dana, making it
known that D.B. is a viable part of his district and
should be given due consideration.
C/Papen inquired if staff had been able to negotiate the
use of a meeting room on those days that the Library is
closed, and if the City's liability insurance would cover
the liability that people must now provide to use the
public facility. She concurred with C/Miller that there
is a concern that this will become a recurring expense.
Though there is money in reserves, particularly with the
tax transfer adjustment, it is a policy statement of
placing items on the agenda without clarifying which line
item in the budget it is coming from.
ACM/Usher pointed out that the second to the last
paragraph of the staff report indicates that the source
of funding is the General Fund.
C/Papen, noting that the City is funding full staff for
two additional days, suggested that County employees be
maximized by using more volunteers, thus funding only one
additional day.
FEBRUARY 1, 1994 PAGE 14
C/Ansari explained that the library may be staffed with
volunteers to help put back and check out books, but a
professional librarian must be on staff at all times.
She stated that, since money is not forthcoming from the
State at this time, the City needs to look toward funding
the Library for the next five months, while investigating
ways to obtain funds from the City budget for next year,
or through the County. Library service, particularly for
children, is just as important as slurry sealing streets.
She urged the community to write to their legislators.
ACM/Usher, in response to the inquiry previously made by
C/Papen, stated that staff discussed developing a letter
agreement between Mr. Garofalo, the area Library Director
and CM/Belanger regarding the cooperative scheduling of
the community room on the two additional days funded by
the City, which will give the City an opportunity to
specify the utilization of that room. He stated that, if
the City is able to provide a City staff member to be
available at the library, there is a possibility of using
the community room portion of the building on a day that
the library is otherwise closed.
C/Papen stated that she had hoped to have access to the
community room at the Library for six days a week, par-
ticularly since staff is recommending that the Heritage
Park Community Center be assigned five days a week to the
seniors for the one program. She stated she would have
trouble supporting that recommendation when there is no
other facility in town available.
M/Werner suggested that the grant require the City to
have access to the community room without limitation. He
also suggested that the amount be loaned to the County
rather than granted since Library service is a County
obligation. He stated that it should not be assumed that
the County will cover these costs at the first of the
fiscal year. The City should investigate other options
available, such as: the City picking up Library services
and determining the revenues the City might get from the
property tax; whether or not the two School Districts
might be willing to join a venture to preserve the local
Library and investigate if the City of Walnut or Pomona
might be interested in participating with the City of
D.B.
MPT/Harmony concurred with the idea of exploring
alternatives; however, it must be stressed that our
children need us now to help provide Library service.
Don Schad expressed support of the City's contribution
toward funding the Library for a short period.
Mr. Garofalo stated that an arrangement had been worked
out whereby groups in the community could use the meeting
FEBRUARY 1, 1994 PAGE 15
room before and after open hours, the five days/week the
Library is open. He indicated that they are open to the
use of volunteers and other options and are willing to
consider replacing up to 40% of part-time employees with
volunteers. He pointed out that the Library is used by
people of all ages, with 253,000 visiting the Library
each year. In response to C/Miller's suggestion to
consider loaning the money to the County, he pointed out
that the County expects this financial crisis to continue
up through 1995/96, until benefit assessment legislation
or other support becomes available. It would be diffi-
cult for the County to pay back a loan. He then noted
that about nine other cities in the County have chosen to
use City monies to fund additional days. He stated that,
if the City would grant the funds, the new library hours
could be implemented in about ten working days.
CM/Belanger, in response to M/Werner, stated that if the
Council authorized an allocation of $70,000, staff would
explore the possibility of a loan to the County.
C/Ansari moved, MPT/Harmony seconded to allocate $70,000
to the library from February 14, 1994 through June 30,
1994. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/
Harmony, M/Miller
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7.2 CONCEPTUAL APPROVAL OF AND CONTINUED ACTION REGARDING A
BUSINESS RETENTION, ATTRACTION AND DEVELOPMENT PROGRAM -
The Council concurred to continue this matter to February
15, 1994.
8. NEW BUSINESS:
8.1 CONSIDERATION OF ESTABLISHMENT OF AN AD HOC COMMITTEE RE
CULTURAL RESOURCES - CM/Belanger stated that there is a
need to establish an ad hoc committee to study the over-
expanding multi-culturalism in the City to make recommen-
dations to the Council regarding the creation of a
Cultural Resources Commission.
M/Werner, noting the importance of exposing the City to
other cultural groups to help generate positive relation-
ships between cultural groups, encouraged the Council to
support establishing a temporary ad hoc committee charged
with looking into what other cities are doing in similar
areas, and what might be the role of a cultural committee
in the future.
C/Miller expressed support of establishing committees for
both multi-culturalism and the MRF but suggested that
Council Members not be members of either committee so
FEBRUARY 1, 1994 PAGE 16
that committee members can make their own recommendations
without Council influence.
C/Papen suggested that the committee not be limited to
just cultural resources, but to consider human resources
as well.
C/Ansari suggested that the ad hoc committee be called
the Human and Cultural Resources Committee.
M/Werner noted that it is the consensus of the Council to
establish a Cultural Resources Ad Hoc Committee with the
understanding that Council Members will not serve on the
committee. He stated that Council Members are to file
names of those recommended to serve on the committee to
staff within the next two weeks.
8.2 CONSIDERATION OF ESTABLISHMENT OF AD HOC COMMITTEE RE
PROPOSED CITY OF INDUSTRY MATERIALS RECOVERY FACILITY -
MPT/Harmony suggested that it would be appropriate if the
Council Solid Waste Sub -committee also serve on the ad
hoc committee for the MRF since it is a coordinated
effort.
C/Miller stated that the Council subcommittee and the ad
hoc committee should be separate, allowing the committee
to have an opportunity to appoint their own leadership
and choose their own direction. The committee would
receive City support.
M/Werner stated that both committees will be open to the
public and subject to Brown Act requirements.
CM/Belanger, in response to M/Wegner's statement regard-
ing the Brown Act, explained that the committee would be
subject to the Brown Act only if regular meeting dates
are established. However, because of the nature of the
MRF committee, staff will put out agendas and publish
times and places of the meetings to engage the community
in participation.
Frank Dursa suggested that the City retain the necessary
attorneys to defeat the MRF.
M/Werner noted that it is the consensus of the City
Council to establish the MRF Ad Hoc Committee, with the
understanding that Council Members will not serve on the
committee. He stated that Council Members are to file
names of those recommended to serve on the committee to
staff within the next two weeks.
8.3 REQUEST FOR PROPOSAL FOR CITY ATTORNEY SERVICES -
CM/Belanger, correcting the staff report, noted that the
time for the return of the proposal for City Attorney
services is April 1, 1994.
FEBRUARY 1, 1994
PAGE 17
Steve Nice, 2621 Rising Star Dr., expressed support of
the capabilities of ICA/Montgomery as City Attorney. He
pointed out that initiating a RFP process at this time
could establish a lack of support for the Interim City
Attorney. He suggested that the issue be postponed until
the recall process is complete.
Joe McManus stated that ICA/Montgomery has a conflict of
interest representing the City and should not be City
Attorney.
Gregory Gaffney stated that the City has an obligation to
seek out the most qualified individuals to serve in any
given position, as is being done with sending out the
RFP.
Max Maxwell expressed support of ICA/Montgomery as City
Attorney. He concurred with the suggestion to postpone
the issue until after the recall process.
Don Schad concurred with the statements made by Mr. Nice.
Jim Paul expressed support of ICA/Montgomery as City
Attorney.
MPT/Harmony stated that when he voted to retain Mr.
Montgomery as Interim City Attorney, he felt at the time
that he was the best man for the job to set the City on
a proper course. He stated that he still feels the same
after these last two months.
C/Papen questioned ICA/Montgomery's ability to provide
legal counsel to the City Council when he has represented
two of the Council Members, given legal advice to another
and sued the remaining Council Members.
C/Ansari, though pleased with ICA/Montgomery's perform-
ance the last two months, pointed out that the City
Council did concur, upon his appointment, to send out
RFP's for City Attorney services; however, this does not
exclude ICA/Montgomery from reapplying as City Attorney.
The Council wants to be able to select the very best
attorney.
M/Werner stated that his support for the RFP should not
be misconstrued that there is a lack of confidence in
ICA/Montgomery's professional capabilities as Interim
City Attorney. He suggested that any attacks on ICA/
Montgomery as Interim City Attorney should be dealt with
privately between the Members of the Council to resolve
and reconcile those issues.
C/Papen suggested that an outside attorney provide an
opinion if there is a conflict of interest with ICA/
Montgomery as Interim City Attorney.
FEBRUARY 1, 1994 PAGE 18
C/Papen moved to obtain a second opinion whether or not
ICA/Montgomery has a conflict of interest in being the
City Attorney.
CM/Belanger stated that, following the proper course, the
California Bar Association governs the ethical conduct of
its licensed attorneys.
ICA/Montgomery explained that specific allegations of
misconduct, with a factual setting, are usually referred
to the California Bar Association. He suggested that the
City may prefer to get a second opinion from a City
Attorney as was done on Ordinance No 4.
C/Miller stated that he does not want an investigation
merely for the sake of investigation, but would prefer
the City to take the proper course, such as the State Bar
or some other route, to determine if there is a conflict
of interest or not.
C/Ansari suggested that, rather than make innuendos, if
there is a desire by individuals to determine if someone
is doing something illegal, appropriate information
should be sent to the California Bar Association for
their opinion.
C/Papen's motion died for lack of a second.
CM/Belanger, in response to C/Papen, stated that there
are no Closed Session items.
C/Papen, concerned that three Council Members had met
with principals of Diamond Bar Associates (DBA),
requested a Closed Session regarding that meeting.
C/Papen moved, C/Miller seconded to direct staff to
solicit proposals from qualified individuals and law
firms for the provision of City Attorney services. With
the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Papen, Ansari,
M/Werner
NOES: COUNCIL MEMBERS - MPT/Harmony
ABSENT: COUNCIL MEMBERS - None
9. ANNOUNCEMENTS: C/Papen moved, C/Miller seconded to
recess the meeting to Closed Session to discuss the nature of
discussions regarding litigation entitled Diamond Bar
Association v. City.
MPT/Harmony explained that Mr. Hempel, attorney of record
regarding the DBA litigation, released the Council Members to
discuss the matter with the principals of DBA. He stated that
he met with the principals of DBA and that he met with them
separately from the other two Council Members.
FEBRUARY 1, 1994 PAGE 19
C/Miller questioned if the City Council can legally go into
Executive Session for this matter.
CM/Belanger suggested that the Council discuss the matter at
another time when Mr. Hempel, the attorney of record, can be
available.
C/Papen expressed concern that there is an appearance of
impropriety when three Council Members meet with the
principals of the group suing the City, and no report of the
meeting or the discussion is given to the City Attorney. She
suggested that this information be provided to the attorney
and the other Council Members.
C/Ansari stated that she met with the principals of DBA, at
their insistence on City property with a witness, whereby they
only asked for the attorney to read the depositions.
MPT/Harmony stated that he met with the principals of DBA at
City Hall, with a staff member as a witness.
10. CLOSED SESSION: May convene to consider: Matters of pending
Litigation (G.C. 54956.9). - None held.
11. ADJOURNMENT: With no further business to conduct,
M/Werner adjourned the meeting at 11:45 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
MINUTES OF THE DIAMOND BAR
PLANNING COMMISSION MEETING
HELD ON JANUARY 24, 1994 A T 7:00
P.M. IN THE SOUTH COAST AIR
QUALITY MANAGEMENT DISTRICT
AUDITORIUM, 21865 E. COPLEY
DRIVE, DIAMOND BAR
CALL TO ORDER
Chairman Meyer called the meeting to order at 7:08 p.m.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Chairman Meyer.
ROLL CALL
Present: Chairman Meyer, Vice Chairman Plunk, Commissioners:
Grothe and Li
Commissioner Flamenbaum arrived at 7:10 P.M.
Also Present: Community Development Director
James Technician tefanofAnn
Associate Planner Rob Searcy, Planning
Lungu, Assistant City Attorney John Harper, Building
Official Dennis Tarango, and Recording Secretary Liz Myers
Absent: None
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS
Don Schad, a resident, inquired if the City had been notified of the project, now ch
underway, located southwest of Brea Canyon Cut-off and the 57 freeway,
wh
impacts the environment and existing views of local residents. He expressed concern
that another project, located next to the Fire Station on Willow
o thsin the cornarea
of
Pathfinder and Brea Canyon Cutoff, will impact existing es
because the pipeline has been tapped, thus losing the natural spring.
CDD/DeStefano stated that the project
a Canyon Cut-off was
The City of Diamond
approved by Los Angeles County approximately one year ago
Bar, upon receiving notice, protested the project in terms of its environmental impact
and traffic impact. He stated that staff will
loca�edrat Pathfinder ate the
and Breua Canyon
of that
project, as well as the status of the project
Cutoff, near the Fire Station.
Pegs 1 of 12
Planning commission Minutes - January 24, 1994
CDD/DeStefano introduced John Harper, of the firm Harper and Burns, serving as the
Assistant City Attorney.
CONSENT CALENDAR
1. Minutes of December 13, 1993
C/Li indicated that he will be abstaining from voting on the minutes because he
was absent at that subject meeting.
Moved by C/Flamenbaum, seconded by C/Grothe and carried to approve the
minutes of December 13, 1993, as presented. C/Li abstained.
OLD BUSINESS - None
NEW BUSINESS
2. Request by the Pomona Unified School District Finding Conformity with the
Draft General Plan for Construction of the Diamond Ranch High School Pursuant
to Section 21151.2 of the Public Resources Code
CDD/DeStefano reported that the Pomona Unified School District (PUSD) has
asked the Planning Commission to review its Diamond Ranch High School site
for purposes of consistency with the General Plan. He stated that Diamond Bar
has supported the efforts of the District in the desire to develop a school for
several years. Each version of the General Plan describes a clear commitment
to development of a second high school thin the Tres rm nue motion,is
to
recommended that the Planning Commission take action, by
direct staff to communicate, in writing, to the Pomona Unified School District
the City's support of their continuous efforts to develop this high school
project, and that the Planning Commission find the proposed high school is
consistent with the City's draft General Plan.
Patrick Leier, the Assistant Superintendent of Business Service of the PUSD,
displaying a graphic of the design plan for the proposed high school, presented
a brief history of the long approval process undergone by the District in the last
few years to build a high school, as well as the process of selecting the site.
He stated that, through the efforts of several individuals, the City of Diamond
Bar, the Redevelopment Agency, and the District, a decision was made to build
the high school in the Tres Hermanos area; the final boundaries are yet to be
determined. The District conducted an architectural competition for the best
design plan, focusing their selection on the plan that had the best use of the
site, and included the educational philosophy and mission in the design. He
explained that one of the major issues of developing on the site is the complex
set of soils problem; however, it has been determined, through extensive
investigation, that the problems can be mitigated. A rough grading plan will be
developed and it is hoped that grading activity will commence in the very near
future.
Page 2 of 12
Planning Commission Minutes - Januery 24, 1994
Ed Walsh, the Administrative Director of Business Services of the PUSD,
explained that one of the parameters set for the architectural competition was
an interest in the Diamond Ranch High School to be highly used by the
community, both interior and, exterior, yet still maintain high security of campus
equipment. The award winning design, presented before the Commission, has
many features in place that seem to work, realizing of
f
course that it still needs
to be fine tuned. He then discussed the educationalphilosophy and guidelines
of the program elements, and how it is incorporated into the design plan.
Patrick Leier explained that Phase I of the construction of the high school will
have a capacity of 1200 students, outlined in the Environmental Impact RepBeyond
which is the number determined by State formula for loading capacity.
that number problems arise in regards to connecting roads from the west that
is beyond the Districts capabilities to deal with at this time.
Gary Andreas, the Civil Engineer with Andreas & Engineering, stated that their
firm was asked to determine what impacts and problems could be solved both
economically and environmentally on the site. Upon analyzing the drainage,
hydrology, and the drainage pattern of the areas tributary to the freeway, it was
determined that the campus could be developed by keeping those drainage
patterns in place, and utilizing the existing facilities to deal with runoff. It was
also determined that access to the site could be obtained off of Chino Hills
Parkway, on the east side of the campus, bringing a meandering roadway into
the main central theme of the campus into the parking facilities on the west
side. He stated that the campus is stair -stepped in a manner to utilize the
tremendous view from that site. He also stated that all utilities, except for
water will be brought in from the east side of the campus. He explained that
the first scheme of the project is to detail how the site will be graded,
determining the remedial grading that is necessary for construction.
In response to a series of inquiries made by Chair/Meyer, Patrick
Leier
stated been
the following: the EIR has been certified; preliminary approval
received from the State Department of Education; consideration has been given
to discourage through traffic; access to the site will come from the east, and
eventually from the west when the student population exceeds 1,200; the
immediate concern is the ability to satisfy the requirements for emergency
vehicle access using a connector road from the and thPhase
11purpose of would
this
be
contingent upon a connection from the west;
presentation is to comply with Section 211512.2 of the California
Environmental Quality Act (CEQA).
In response to a series of inquires made by C/Flamenbaum, Patrick Leier stated
the following: many Oak Trees are affected, but none will be destroyed; he
the
design site in the EIR includes the school site and the road leading up
to school site (referred to as parcel "A" and parcel "B"); at the conclusion of the
grading, those slope areas will revert back to the City of Industry and the
remaining areas will be the responsibility of the District to maintain; the road to
the east from Chino Hills Parkway is located in the City of Diamond Bar; at this
Page 3 of 12
Marndng Gommisslon Minutes - January 24, 1994
time, it has not been determined if the proposed design complies with Diamond
Bar's Hillside Management Ordinance; at buildout, it is anticipated that there
will be approximately 1,500 students, but there is sufficient land to house
was felt it was more appropriate
about 2,000 to 2,400 students;
c
co h
nd, it
to begin the process for
on of e schoolatdealing with the problem
of access from the west at a later time.
C/Grothe suggested that much consideration be given to parking since many
student will have to drive to school, and there are no City street surrounding
the campus to accommodate overflow parking. He then inquired when the
opening date is anticipated.
Patrick Leier stated that, until grading activity commences, it is difficult to
determine an opening date; however, one can estimate that the opening date
may be around 1996-97, relative to the Board of Education making a
determination on phasing.
Gary Andreas, in response to VC/Plunk, explained
as elevations t the detailin hrad' sgdessign
still needs to be completed, relative to the arch
Patrick Leier, in response to VC/Plunk stated that the facility is approximately
121,000 square feet for a capacity of 1den determined.
ever, the boundaries
for the student population have not Yet been
Chair/Meyer inquired of the purpose of the presentation by PUSD since the City
has reviewed portions of the site with the Tres Hermanos Specific Plan and has
been instrumental in the passage of SB1718, thus already complying
wit
Section 21151.2 of CEQA. He
consistent out with that the the Genelaalning Plan since is � owas
is
unable to find the project c
rescinded by the City Council in December of 1993.
VC/Plunk suggested that the Planning Commission take a position of fully
supporting the school, with the understanding that the Planning Commission is
unable to find the project consistent with the General Plan due to existing
circumstances regarding the document.
C/Li suggested that the matter be carried over for 30 to 60 days to allow time
for the revision of the General Plan and the reconfiguration of the Planning
Commission.
CDD/DeStefano concurred that the PUSD probably already has the needed
answer in terms of the City's support for this project; however, the District
staff is most likely assuring that all guidelines established by CEOA are met.
He recommended that the Planning Commission take a minute action to direct
staff to prepare a letter regarding the acquisition of this property, mentioning
that the City does not have a current General Plan, but that all previous
documents have expressed support and designation of the school at this
location.
Page 4 of 12
Planning Commission Minutes - January 24, 1994
Patrick Leier stated that a continuance would not be a problem, with the
understanding outlined by CDD/DeStefano.
C/Flamenbaum, noting that the District can proceed regardless of the Planning
Commission's finding, sugges reisthat
no G the
Commission p imake no finding
regarding consistency since the
Moved by C/Grothe, seconded by C/Li to direct staff to prepare a letter to the
PUSD concerning the Planning Commission's
of CEQAation of the acquisition of
this site in accordance to Section
Chair/Meyer opened the meeting and invited those wishing to speak to come
forward.
Council Member Papen encouraged the Planning Commission to move forward
with the motion made. She concurred that the PUSD should be requested to
use land form grading techniques to maintain the views of the natural slopes
along the freeway. Noting that final grading designs cannot be completed until
the architectural design is complete, she inquired when the architectural and
grading plans will be designed, and when a real groundbreaking could be
anticipated. She also noted that the indicated occupancy date of also inquired 17 i sf the
two
years off from what was told to the City 90 days ago
District has the available funds for the construction of the building for the 1,200
students, as well as for the furniture and equipment needed.
Patrick Leier stated that the construction budget for the building for 1,200
students is estimated at $17 million, which is an amount that the District has
available to them. It is anticipated that the next State bond election will be the
on in
source of money to complete the Project; however, because of the f the Governors and the State legislatures
Los Angeles, there is no assurance
position. He stated that PUSD clearly has the ability to move forward with the
first phases for the 1,200 students.
Gary Neely, residing at 344 Canoe Cove Drive, stated that the residents
involved with this project desire two western access roads:P tinning from
Deep
Springs and one from Golden Springs. He requestedthe
ssion
accept staff's recommendation as presented.
There being no one else in the audience wishing to speak, Chair/Meyer closed
the meeting and returned the matter back to the Commission for consideration.
Chair/Meyer, noting the suggestions made by the audience, suggested that the
motion be amended to incorporate the following: the project should comply
with land form grading techniques in compliance with the City's Hillside
Management Ordinance; and the District should continue to work with the City
concerning compliance with the City's development standards in the
development of the school.
Paye 5 of 12
Planning Commission Minutes . January 24, 1994
C/Flamenbaum inquired of the PUSD's obligation to comply with City
ordinances regarding hillside grading, and the alignment of the road to the west
or the east.
CDD/DeStefano stated that the District must comply with the City's grading
standards, which would incorporate the aesthetics combined within the hillside
grading ordinance. He stated that, other than the EIR's description of offsite
impacts, the District would probably not be required to comply with the specific
standards the City might have with respect tothe
roadway
constructionoff
However, the district would need to respond by providing mitigation for the
site impacts.
Moved by C/Grothe and seconded by C/Li to direct staff to prepare a report to
the PUSD concerning the Planning Commission's investigation of the acquisition
of this site in accordance to Section 21151.2 of CEQA; and request the District
to comply with land form grading techniques in compliance with the City's
Hillside Management Ordinance, and to continue to work with the City
concerning compliance with the City's development standards in the
development of the school.
The Motion CARRIED 4-1 as follows:
AYES: Grothe, Flamenbaum, VC/Plunk, and Chair/Meyer
NOES: Li
ABSTAIN: None
ABSENT: None
RECESS: Chair/Meyer recessed the meeting at 8:25 p.m.
RECONVENED: Chair/Meyer reconvened the meeting at 8:32 p.m.
C/Li explained that the reason he voted no on the motion regarding the Diamond
Ranch High School was because he feels, since the District can proceed regardless off
the Planning Commission's action, the matter could have been continued 30 days. He
stated that he would also like to protect the City
from
exceedsbeing 200 eld responsible if a road
is not built even though the student pop
CONTINUED PUBLIC HEARING
3. Development Review No. 93-1 & Conditional Use Permit No. 93-4
Property Location: 21671 E. Gateway Center Drive
Dr. Akbar Omar
Applicant:
PT/Lungu reported that the applicant has submitted a grading plan. to the City,
which has been reviewed by the Engineering Dep retaining nt and Pl ening Divisitaffhn,
that reflects changes to the proposed building and
requested the applicant to submit a revised site plan, floor plan, and elevations
reflecting the changes indicated in the grading plan, as well as a lighting plan
Page 6 of 12
Planning Commission Minutes - January 24, 1994
and landscape/irrigation plan. It is recom 14ende�d't at the Planning Commission
continue the public hearing to February
94.
Chair/Meyer, noting that the City cannot make discretionary decisions with the
absence of a General Plan, suggested that the matter either be tabled, or be
continued to a date following the adoption of the General Plan.
Chair/Meyer declared the public hearing open and invited those wishing to
speak to come forward.
There being no one in the audience wishing to speak, Chair/Meyer returned the
matter back to the Commission for consideration.
Moved by C/Flamenbaum to continue the matter to the first regular Planning
Commission meeting of June 19
4.
The motion died for lack of a second.
CDD/DeStefano stated that the City has applied for an extension of time for the
General Plan with the State Office of
Planning
CUP's,and
DevelopmenResearch,
t Reviews, if aapproved, would allow the City to process
Variances, etc. that are consistent with the draft General Plan and the
contemplated future General Plan. He suggested that, rather than'continuing
the project more than 30 to 45 days, staff would recommend that the item be
tabled, allowing staff to work with the applicant, and renotice the project when
it is ready for review.
Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to table
Development Review No. 93-1 & Conditional Use Permit No. 93-4.
4. Zoning Code Amendment No. 93-3 - Property Maintenance Ordinance
Applicant: The City of Diamond Bar
Property Location: All property within the City limits of Diamond Bar
CDD/DeStefano reported that the PlanningCommissionon December 13, public993,
hearing on the Property Maintenance Ordinance
in order for staff to further evaluate the PMO and compare the draft provisions
with Los Angeles County Code Chapter 99, Sections 9901-9934, which was
eplaced in 1992 by the
previously a component of the City Code and was r
Uniform Housing Code (UHC) with the adoption of City Council Ordinance No.
3(1992). After reviewing each document, it is staff's recommendation that the
Planning Commission consider a "blended" approach of the PMO, Chapter 99,
and the UHC into one document.
C/Flamenbaum noted that the recommendations made by the Planning
Commission at the December 13, 1993 meeting have not been incorporated
into the PMO. He expressed concern that the Planning Commission is being
presented with three different documents to consider, which was initially
Page 7 of 12
Pfannfng Commission Minutes. January 24, 1994
to
believed to have already been incorporated tIthatthe
the Comm ss on' isnmoving
ce first
presented to the Commission. It app
backwards, not forwards in their review.
C/Grothe concurred that the Planning Commission had directed staff to bring
the ordinance back to the Planning Commission in a final version.
C/Li concurred with C/Flamenbaum that
athe Planning Commission's direction
was not incorporated into the document.
VC/Plunk stated that the matrix presented b by
t iwas me to move forward. w
of the document. However, she concurred
Chair/Meyer declared the public hearing opened and invited those wishing to
speak to come forward.
Bob Zirbes, residing at 2141 Tierra Loma vobe presentedto the
Drias t/ stated/ hadthought
g
that the final version of the PM
Commission this evening. He noted that the PMO would have to be in final
form in order to accurately compare it with He recommended that the /document
or for the
City Attorney to accurately review t
reviewed by the Planning Commission bomtecember l 9draftincorporating
recommended changes, and the Sucmiteesfinal
brought back to the Commission,
comparison
t he documents. matrix of the two
He
documents, as well as the City Attorney's comment on
suggested that the Commission also review the abatement procedures at the
same meeting.
Council Member Papen, residing at 1124 SIQ asindi indicated on the bottom of
rn, pointed out that it is
unlawful to describe what a public nuisance,
page 2, Nuisances, in the Comparison Matrix, the definitions on page 4
describing nuisances, ande definitions stated that the
ientire
thabatement procedures
Subcommittee draft PMO. She the
should include a section for the financially disabled.
Frank Dursa, a resident, suggested that the item be tabled until after the
adoption of the General Plan.
Al Rumpella, residing at 23958 Golden Springs, concurred that the
Subcommittee's PMO and the PMO presented changes, should ission on December
be compared and
13, 1993, incorporating the appropriate made by the
brought back for review. He also concurred with the suggestionssuggestion made to
City Attorney section
the enforcement addressing the finanicies, as well cially ally disableds the
include a se
There being no one else in the audience wiackg to ptokthehair/Meyer closed
Commission for
the public hearing and returned the matter
consideration.
Page 8 of 12
Planning Commission Minutes - Januory 24, 1994
Chair/Meyer inquired if it were possible to amend the zoning ordinance without
a General Plan.
CDD/DeStefano explained that most likelyadopted. ill not allow a zoning code
amendment until a General Plan has been
VC/Plunk suggested that the Commission begin review of the "Penalties"
section.
C/Grothe suggested that staff be directd to request the Comltmission for review.
y Attorney to draft
the Abatement Procedures, to be brought back to the
C/Flamenbaum, in response to VC/Plunk's suggestion to make comments for
the City Attorney's reference, suggested that the City Attorney review the
minutes of the December 13, 1993 meeting, and the minutes of the meetings
previous to that as a reference guide.
VC/Plunk, preferring to make some sugg
estions, .stated the following: each
infraction should be a one step fine, as suggested by the District Attorney, so
that the individual is not fined day after day for the same infraction; and
mention imprisonment only if it purposely affects health and safety.
ACA/Harper explained that the District
refe�s to increasing therelating
e each time staging
an
of penalties for subsequent violations a continuing violation.
infraction occurs, not considering each and every day
The District Attorneys comments
made
misdemeanorscriminal
pointed tout that
is a
recitation of the statutory definition of
cities do not impose jail time, judges do.
VC/Plunk inquired where the conditions relating to financial or physical
limitations is best located in the document.
ACA/Harper suggested that those conditions would be best located in the
Abatement Procedures. He then suggested that comments regarding the
abatement procedures, or the PMO in general, be put in writing and submitted
to staff for the City Attorney's review.
Chair/Meyer noted that the considerationff cerfthe (CEO)tnhnat because Chapter 99
O was a result of an
indication from the Code Enforcementr99
was not adopted, there were no code enforcement procedures. He suggested
that, if there is a problem regarding property
maintenance enforcement, perhaps
the City Council should consider readopting Chapter 99 as an immediate
solution, while continuing to work out the issues of the PMO.
CDD/DeStefano, in response to VC/Plunk, ared that violations of of the Building Code building
Code is handled through the abatement process
VC/Plunk stated that, since the Commission has already done all this extensive
psge 9 of 12
P/snniny Commission Minutes - January 24. 1994
review, it would be appropriate for the Commission to finish the review.
Moved by C/Grothe and seconded by C/Flamenbaum to direct staff to draft a
letter to the City Council recommending adoption of Chapter 99, on an interim
basis if deemed appropriate, allowing the Commission time to continue review
directing
of the document; to continue the public hearing to the next meeting, dire1993
staff to make all the modifications of the PMO, from the December 13,
meeting and any comments made Attorneg this meeting and any submitted in
y draft the abatement procedures for
writing; and to request the City Y
the next meeting.
VC/Plunk inquired how readopting Chapter 99 will be effective.
Dennis Tarango, the Building Official, referring to his memo dated January 17,
1994, stated that Chapter 99 adds provisions regarding substandard usin .
to the Uniform Housing Code in relationship to values of surrounding prop
Al Flores, the CEO, pointed out that Chapter 99 does not address the issue of
vehicles parked on the lawn, which is the vast number of complaints received.
He suggested that the Planning Commission move forward since so much time
and effort has been given in preparing the PMO.
VC/Plunk stated that it seems to be a lot of trouble and expense to adopt an
interim ordinance for just four weeks.
The Planning Commission concurred to split the motion into two motions.
Moved by C/Grothe and seconded by C/Flamenbaum to direct staff to write a
letter to the City Council suggesting that Chapter 99 be readopted if deemed
appropriate.
The Motion CARRIED 3-2 as follows:
AYES: Grothe, Flamenbaum, and Chair/Meyer
NOES: Li and VC/Plunk
ABSTAIN: None
ABSENT: None
Moved by C/Grothe and seconded by C/Flamenbaum to continue the public
hearing to the next meeting, and direct staff to modify the PMO as presented
at the December 13, 1993 meeting, incorporating the comments made at the
December 13, 1993 meeting, the comments made this evening, and any written
comments received by the end of the week.
The Motion CARRIED 5-0 as follows:
AYES: Grothe, Flamenbaum, Li, VC/Plunk, and Chair/Meyer
NOES: None
Page lo of 12
Planning Commission Minutes - January 24. 1994
ABSTAIN: None
ABSENT: None
VC/Plunk suggested setting a timeline to conclude the review of the PMO. She
inquired if the Planning Commission is able to pass the document on to the City
Council for their review.
CDD/DeStefano, noting that it is doubtful that the City can make a zoning code
amendments without a General Plan, suggested that ta fvehicleb directed
bring work s
with the City Attorney in terms of the appropriate
document back to the City Council.
The Planning Commission concurred to so direct staff.
PUBLIC HEARINGS - None
ANNOUNCEMENTS
C/Flamenbaum reported that the City of Brea is proceeding with the Olinda Heights
Specific Plan development.
CDD/DeStefano stated that the City is preparing comments in response to the EIR for
the Olinda Heights Specific Plan.
VC/Plunk expressed her hopes that the perception in the community will change with
the revision of the General Plan.
Chair/Meyer stated that the chairmen of each City Commission, and his appointee,
was chosen as non-voting members of the General
ato Ian Advisory the committee beclauseee l he had
He explained that he appointed C/Flameaum
participated in the original GPAC. He noted that the GPAC is extremely representative
of the community, and it appears that the process will move forward in a timely
manner.
Chair/Meyer explained that he suggested to cancel the last Planning Commission
meeting, scheduled January 12, 1994, because of a lack of items on the agenda. He
then suggested that, since it is the beginning of the budgetary process, perhaps it
would be appropriate if the Planning Commission developed a program of projects and
policies considered to be important in the planning of this community, and pr
esent
those suggestions to the City Council for their review and direction. He suggested
that the Commission's personal comments and goals should be prepared for the next
meeting.
CDD/DeStefano stated that any Commissioner planning to attend the Planning
Commissioners Institute scheduled March 9 - 11, 1994, should notify staff as soon
as possible. He reported that staff has distributed
Staff has also stribut d thsion of the le latest
Policy Manual to the Com
draft of the meeting matrix.
Page 11 of 12
Planning Commission Minutes - January 24, 1994
Chair/Meyer reported that the East San Gabriel Planning Committee is meeting January
27, 1994.
ADJOURNMENT
conded by VC/Plunk and carried unanimously to adjourn the
Moved by C/Grothe, se
meeting at 9:43 p.m.
Respectively,
James DeStefano
Secretary
Attest:
David Meyer
Chairman
Pelle 12 of 12
Penning Commission Minutes - Jenuery 24, 1994
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
DECEMBER 16, 1993
CALL TO ORDER: Chairman Chavers called the meeting to order at 6:40 p.m. at the
South Coast Air Quality Management District Room, 21865 East
Copley Drive, Diamond Bar, California.
PLEDGE OF
ALLEGIANCE:
SWEARING IN:
ROLL CALL:
APPROVAL OF
MINUTES:
The audience was led in the Pledge of Allegiance by Vice Chairman
Gravdahl.
City Clerk Burgess swore in Lou Esposito as the newly appointed
Traffic and Transportation Commissioner.
Commissioners: Cheng, Esposito, Vice Chairman Gravdahl, and
Chairman Chavers. Commissioner Ury was absent (excused).
Also present were Senior Engineer David Liu and Contract
Recording Secretary Liz Myers.
Nov. 18, 1993 Commissioner Cheng and Commissioner Esposito indicated that
they will abstain from voting on the minutes of November 18, 1993
because they were not present during that subject meeting.
Motion was made by VC/Gravdahl and seconded by C/Chavers to
approve the Minutes of November 18, 1993, as presented.
The Motion carried with the following vote:
AYES: COMMISSIONERS: VC/Gravdahl and Chair
Chavers
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Cheng and Esposito
ABSENT: COMMISSIONERS: Ury
COMMISSION VC/Gravdahl, in regards to the parking situation concerning First
COMMENTS: Mortgage Corporation, stated the he and C/Ury noted that first
Mortgage does appear to be parking in the area which does not
directly front any homes and already has restricted parking. He
further stated that it was also noted that there are about 15 vacant
spaces in the First Mortgage parking lot. He stated that they would
recommended that the 2 -hour restricted parking remain across from
the homes and that the red curb be extended another 15 feet to
afford sight distance off of the street. He then stated that it does
appear that the parking lot at First Mortgage Corporation can be
easily double decked.
December 16, 1993
Page 2
PUBLIC COMMENTS: There were none.
CONSENT CALENDAR: There were no items on the Consent Calendar.
OLD BUSINESS: There were none.
NEW BUSINESS:
Striping on SE/Liu presented the staff report regarding the request made by a
Mt. Laurel Way resident to investigate the appropriateness of designating turn lanes
at Diamond Bar on Mountain Laurel Way at Diamond Bar Boulevard. It was
Blvd. determined that the count data clearly indicates that left turns are
the predominant traffic movement on Mountain Laurel Way in that
the left turn volume exceeds the sum of the through and right turn
movements on each approach. Striping to provide left turn lanes
would improve the operating efficiency of the intersection and
reduce delay. It is recommended that the Commission approve the
striping of left and through lanes on the eastbound and westbound
approaches of Mountain Laurel Way at Diamond Bar Boulevard and
install 100 feet of red curb on the north side of Mountain Laurel
Way between Silver Rain Drive and Diamond Bar Boulevard.
Chair/Chavers opened the meeting to allow those wishing to speak
to address the Commission.
Deborah Renegar, residing at 1386 Rolling Knoll Road, requested
clarification if the left turn lane will be designated for only left turns
with the arrow.
SE/Liu confirmed that the left turn arrows will be painted in the left
turn lanes to be specifically designated for left turn movements, and
the right curb lane will allow a shared through and right turn
movements. Furthermore, signing could be implemented on the
parkway portion of the street in addition to the pavement marking.
Chair/Chavers expressed concern with combining through and right,
particularly since the eastbound movement to go south on Diamond
Bar Boulevard is a fairly substantial movement. Striping a left lane
must turn left, in combination with a right and through, in this
situation, would create congestion by backing up the right turn. He
further expressed concern with posting a left lane must turn left
type of sign on the right side of the street because it is not naturally
seen by a motorist. Also, because Diamond Bar Boulevard is
sufficiently wide, mounting a left lane must turn left sign on the
mast arm may not be enough advanced warning for motorists. He
stated that the solution being recommended may actually create
December 16, 1993 Page 3
more of a problem existing now. Chair/Chavers then suggested that
the lanes be realigned by placing the left turn lanes, making the
inbound lane about 16 feet, and then combining the through and
the right for the delay problems. Moving the left turn lanes over a
bit will thus improve visibility from left turning vehicles.
VC/Gravdahl expressed concern if a week to respond was adequate
for those residents affected by the red curb.
SE/Liu stated that if the recommendation goes forward to the City
Council, the Council would have to adopt a resolution, thus giving
ample time in that respect. Additionally, staff will follow up with
telephone calls or site visits to the respective properties. He then
stated that the remedy being recommended here is identical to the
remedy recommended for the intersection of Diamond Bar Boulevard
at Cold Spring Lane, which had a similar problem, and that remedy
seems to be working.
C/Cheng concurred with the suggestion made by Chair/Chavers to
realign the lanes to improve visibility and have a through and right
lane.
SE/Liu suggested that staff could review the existing condition on
Cold Spring Lane and Diamond Bar Boulevard, possibly updating the
traffic count information, for purposes of comparison with the
situation on Mountain Laurel Way and Diamond Bar Boulevard.
Moved by VC/Gravdahl, seconded by Chair/Chavers and carried
unanimously to table the item to the meeting of January 13, 1994,
and to direct staff to bring back the traffic counts on Cold Spring
Lane at Diamond Bar Boulevard.
ITEMS FROM Chair/Chavers, in regards to Golden Springs Drive resurfacing
COMMISSIONERS: project, suggested that the next time such a project is undertaken, .
the City should embed loops right after rotomilling, followed by
resurfacing so that new holes are not cut into brand new pavement
and the loops are installed much quicker.
VC/Gravdahl expressed concern that the ridges existing in some
places where the lanes meet on Golden Springs Drive could cause
problems for scooters and motorcycles.
Chair/Chavers inquired why the right turn lane at Grand Ave. and
Golden Springs Drive, for north bound Golden Springs Drive to go
east on Grand Ave., was utilized rather than doing double -lefts or
some other use of the pavement cross section.
December 16, 1993 Page 4
SE/Liu stated that the northbound Golden Springs Drive right turn
lane at Grand Ave. was recommended to the City Council by staff
and the Traffic and Transportation Commission.
Chair/Chavers stated that the item that came before the
Commission was an informational item,only, and the Commission
did not make a recommendation. He expressed concern that
creating the right turn lane at Grand Ave. and Golden Springs Drive
basically precludes any option of creating a double left from Grand
Ave. to Golden Springs Drive in either direction by narrowing the
two receiving lanes. It is not the best use of the pavement. He
stated that double left turn lanes could have been put on Grand
Ave. at Golden Springs, but it would have pushed the through
traffic over into the right lane similar to what exists at Diamond Bar
Boulevard.
SE/Liu stated that as part of the Grand Avenue Traffic Signal
Synchronization Project, Grand Avenue/Golden Springs Drive and
Grand Avenue/Diamond Bar Boulevard intersections will be analyzed
and modified accordingly.
C/Cheng requested an update on the design status of the traffic
signal at the intersection of Diamond Bar Blvd. and Shadow Canyon
Drive.
SE/Liu reported that the plans and specifications are expected to be
completed in February of 1994.
ITEMS FROM SE/Liu reported that the County has indicated that the existing
STAFF: raised median between the two ramp terminals on Pathfinder Bridge
is feasible based upon the traffic projections (to year 2008) for the
left turn demands. The noses are permanent, but the section
between the two noses can be removed at any given time if future
demand so warranted. He then reported that staff has provided a
service request to the County to install the right turn lane and the
installation of those parking restriction signs as recommended by
the Commission for east bound Pathfinder Road at Brea Canyon
Road.
SE/Liu reported that the City has sent letters to the two School
Districts and all principals of the elementary schools throughout the
City regarding the crossing guard warrant item. He then reported
that the Holiday Shuttle Ridership program is being used more than
the previous years.
December 16, 1993 Page 5
ADJOURNMENT: Moved by Chair/Chavers, seconded by C/Cheng and carried
unanimously to adjourn the meeting at 7:36 p.m. to January 13,
1994 at 6:30 p.m.
Respectively,
/s/ DAVID G. LIU
David G. Liu
Secretary
Attest:
/s/ J. TODD CHAVERS
J. Todd Chavers
Chairman
to - f -i
CITY OF nTXM6Mri nxn
MINUTES OF THE PARRS AND RECREATION COMMISSION
SEPTEMBER 30, 1993
CALL TO ORDER: The meeting was called to order at 7:02 p.m. at the
Heritage Park Community Center, 2900 Brea Canyon
Road, Diamond Bar.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Chairman Schey.
ROLL CALL: Commissioners: Goldenberg, Ruzicka, Vice Chairman
Johnson, and Chairman Schey. Commissioner Medina
was absent (excused).
Also present were Community Services Director Bob
Rose, Administrative Assistant Kellee Fritzal,
Recreation Supervisor Marla Pearlman,
Administrative Assistant Sandy Barlow, Contract
Secretary Liz Myers and Contract Secretary Selena
Robles.
MATTERS FROM Jonathan Whitehouse of 3271 Longview Drive, Diamond
THE AUDIENCE: Bar, addressed the Commission regarding the
possibility of beginning a Roller Hockey program.
CSD/Rose reported that Jerry White, Diamond
Bar/Walnut YMCA Branch Director, has indicated an
interest in pursuing the idea of adding Roller
Hockey to the YMCA program by November of 1993. A
more definitive response should be received by
October 6, 1993. The California Street Hockey
Association is still in the process of negotiating
an agreement with the Walnut Unified School
District to setup equipment on the existing
basketball courts, and to include Roller Hockey as
part of the Diamond Bar Parks and Recreation
program.
Chair/Schey explained that the Commission did
consider retrofitting existing City facilities for
Roller Hockey, but, it was recommended that it was
not appropriate at this time because of liability
concerns. However, it was suggested that staff
investigate the possibility of retrofitting Walnut
Valley Unified School District facilities for
Roller Hockey, as well as explore the possibility
of including a design option for a special facility
for the sport into Pantera Park's plan.
VC/Johnson stated that the City should encourage
and facilitate the use of the street in front of
the YMCA, or the dedication of the street, for the
Roller Hockey program. He then volunteered to
communicate with the YMCA, as a representative of
the Parks and Recreation Commission, to keep
abreast of their progress, if the Commission so
desires.
September 30, 1993 Page 2
OLD BUSINESS:
Parks Master CSD/Rose reported that the court ruled, on
September 28, 1993, that the City Clerk must accept
the petition referending the General Plan.
However, it is staff's recommendation that the
Commission continue to work on the Parks Master
Plan and review and comment on the Request for
Proposal (RFP) for the selection of a consultant to
complete the Parks and Recreation Master Plan, as
developed by staff, per Commission's request at the
August 26, 1993 meeting. Upon the recommendation
of the Commission, staff will forward the RFP to
the City Council. The City Council will determine
the appropriateness of placing the item on their
agenda for discussion.
AA/Fritzal explained that changes to the RFP are in
bold type, with the exception of a few minor
changes, such as adding the work "the" on page 4 of
the document.
C/Ruzicka expressed his concern that pursuing the
Parks Master Plan, prior to the adoption of the
General Plan, may actually delay the Plan's overall
approval. Perhaps the Parks Master Plan may become
an item of controversy if submitted too soon.
VC/Johnson concurred that the Parks Master Plan is
supposed to be in conjunction with the Master Plan
developed for the City of Diamond Bar.
Chair/Schey suggested that it would be appropriate
for the Commission to finalize the format of the
Parks Master Plan, and then wait further action
until such time that a decision on the General Plan
has been made.
CSD/Rose pointed out that there are many
improvements to be recommended for the parks. The
Parks Master Plan usually supports the needs for
those improvements.
C/Goldenberg stated that there is a possibility
that the General Plan will go to ballot. Perhaps
it would be advisable to continue developing the
Parks Master Plan so if and when the General Plan
is adopted, the Commission is prepared to move
forward quickly.
VC/Johnson stated that the Commission has
identified many deficits in the Parks and
September 30, 1993 Page 3
Recreation facilities and programming. The
Commission is within the scope of its authority if
the Commission continues to act in that process.
CSD/Rose pointed out that it is not unusual for the
Parks Master Plan to be completed concurrently with
the General Plan.
VC/Johnson suggested that it may not be prudent at
this time to submit the Parks Master Plan until it
is known when the General Plan is to be adopted.
CSD/Rose explained that staff's recommendation is
to forward the RFP to the city Council prior to
their meeting for their recommendation whether to
add the item to their agenda for discussion. The
areas that would become elements of the Parks
Master Plan are not the controversial areas of the
General Plan.
Chair/Schey stated that he is comfortable with the
format of the RFP. He suggested that the document
be placed on disk for easy modification.
The Commission concurred to request staff to
forward the RFP to. the City Council with a
recommendation for review and placement on their
agenda.
The Parks and Recreation Commission then concurred
to review the RFP document, as presented.
C/Ruzicka questioned if the random telephone survey
of 500 resident, as indicated on page 2, of the
RFP, phase I, item D, is an adequate study since it
only surveys about 10% of the population.
VC/Johnson suggested that the survey be conducted
in a more systematic approach, geographically
across the community, rather than random sampling
that might only be focused in one area. It may be
appropriate to request a preproposal meeting to
determine the random survey criteria.
CSD/Rose stated that there are many ways that a
random survey can be conducted. He stated that it
may be important to specifically indicate the data
to be used to represent the population
geographically.
C/Ruzicka pointed out that the vendor will make
September 30, 1993 Page 4
recommendations regarding appropriate techniques
for surveying, and these recommendations can be
easily amended by the Commission if necessary. He
then suggested that a specific completion date be
added to page 8 of the document.
CSD/Rose noted that the vendor will propose a time
line for completion, as indicated on page 7, item
C. of the RFP document.
C/Schey suggested adding the phrase "...and my
include criteria for geographical and/or
demographical representation" to the end of phase
I, item D, after the verbiage "... 500
residents...", thus adding specific criteria to the
statement.
The Parks and Recreation Commission concurred.
Motion was made by C/Ruzicka, second by VC/Johnson,
and CARRIED UNANIMOUSLY to approve the RFP
document, as amended, and to request staff to
submit it to the City Council with the
recommendation for review and placement on their
agenda.
INFORMATIONAL
ITEMS:
Recreation RS/Pearlman presented the staff report on Contract
Update: Classes and Athletics. There is a need to look for
a better picture vendor for the Youth Baseball
Contract Classes Program, and to hire more umpires to create a back
up system for emergencies. The employment of
Diamond Bar teenage residents to fill umpire
positions, has been considered. They would also
help prepare the playing fields.
CSD/Rose explained that participants were asked to
rate the program from 1 to 10, (whereas 9 =
excellent; 8 = very good; 7= needs improvement;
etc.) Youth Baseball received an overall
evaluation of 8.7 at Sycamore Park and 8.3 at
Heritage Park.
RS/Pearlman reported that the response from the
residents to the Diamond Bar Ranch Festival
Business Expo Booth was very good.
VC/Johnson, noting the poor rating regarding
bowling lane fees, questioned the Bowling League
September 30, 1993 Page 5
activities pertaining to fees and prices.
RS/Pearlman stated that there is $15.00
registration fee plus a $2.50 per session fee for
bowling, with classes offered 6 to 8 weeks, which
is not usually considered an unreasonable rate.
There are also some classes that are free, such as
the Stop Smoking classes.
VC/Johnson suggested Diamond Bar/ Walnut Heart
Association staff contact Dr. Hockwalt for
information regarding free health screening.
Youth CSD/Rose reported that staff attended the Youth
Baseball Baseball Evaluation Meeting held September 8, 1993.
Program Coaches and umpires were present to represent each
separate youth age group. It was very informative
and many suggestions were received to improve the
program. There was discussion of separating the
Youth Baseball Program. The concern of the
subcommittee was to come up with more proposals for
the program, as well as keeping costs down to a
minimum.
Chair/Schey recommended that the evaluation and
suggestions be passed on to Brea for
implementation.
The Parks and Recreation Commission concurred.
Tiny Tots/ AA/Fritzal reported that all three tiny tots
classes
Adult Excursions are filled to capacity. The classes will be moved
to Heritage Park when the water main is completed.
AA/Barlow reported that the joint overnight trip to
Laughlin with Chino was a success. She noted that
the Oak Glen excursion and the Harbor Cruise were
filled. The Huntington Harbor and Newport Harbor
cruises are anticipated to be successful as well.
Also, there are two buses still open for the rose
Parade. In response to VC/Johnson, AA/Barlow
stated that joint overnight trips, with residents
from another City, seem to be more successful than
single trips.
ANNOUNCEMENTS: C/Goldenberg stated that members of the Historical
Society have indicated a desire to store their
paraphenelia at the Heritage Community Center. He
then expressed a concern regarding vagrants in the
September 30, 1993
Page 6
park. C/Goldenberg then presented staff with a
certificate of appreciation for their efforts
involved in the Heritage Community Center.
C/Ruzicka expressed a concern from two businesses
and owners with the decrease in attendance at the
Ranch Festival. Perhaps a sign.can be hung across
Diamond Bar Blvd. and Grand Avenue to better
advertise City events.
Chair/Schey commented on the appearance and
possible hazards of the guard rails installed on
Grand Avenue and Summit Ridge. It would be
difficult to open a car door if one had to make an
emergency stop on the side of the street.
CSD/Rose, in response to Chair/Schey, stated that
staff will give an update on the status of the
design for Pantera Park as soon as possible. Staff
is reviewing the options regarding the Historical
Society's request for'more storage space and work
space.
VC/Johnson suggested the Historical Society use the
library meeting room since the nature of their
business is appropriate to such a facility.
CSD/Rose, in response to C/Goldenberg's concern
regarding parks, stated that City Parks close at
sunset. The Sheriff Department can be asked to
patrol the parks more frequently.
CSD/Rose, reported that City Entrance Signs have
been installed at four locations within Diamond
Bar, with a fifth sign to be installed at the
Golden Springs west entry. The Entrance Signs also
have a support bar that can be utilized to hang
banners to advertise City events.
ADJOURNMENT: Motion was made by C/Ruzicka, seconded by
VC/Johnson and CARRIED UNANIMOUSLY to adjourn the
meeting at 8:39 p.m. to October 28, 1993 at the
Heritage Park Community Center.
The Commission then concluded with a tour of the
Heritage Park facility.
September 30, 1993 Page 7
Respectively,
Bob Rose
Secretary
Attest:
David Schey
chairman
CITY OF DIAMOND BAR
MINUTES OF THE PARKS AND RECREATION COMMISSION
OCTOBER 28, 1993
CALL TO ORDER: The meeting was called to order at 7:05 p.m. at
the Heritage Park Community Center, 2900 Brea
Canyon Road, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance
by
ALLEGIANCE: Chairman Schey.
ROLL CALL: Commissioners: Goldenberg, Ruzicka, Medina, Vice
Chairman Johnson, and Chairman Schey.
Also present were Community Services Director Bob
Rose; Administrative Assistant Kellee Fritzal;
Administrative Assistant Sandy Barlow; Recreation
Supervisor Marla Pearlman.
APPROVAL OF
MINUTES:
Sept. 30, 1993 C/Ruzicka requested that the minutes of September
30, 1993, be amended on page 5 to read,
"C/Ruzicka expressed concern for the attendance
at the Ranch Festival. At least two businesses
approached him with these same concerns and
suggested a sign be posted over the Grand Avenue
intersection in order to enhance the
advertisement of the Festival."
C/Ruzicka requested staff to verify if any
comments were made during the subject meeting in
reference to the traffic situation in front of
the YMCA regarding the use of the street for
roller hockey.
VC/Johnson requested that the minutes be amended
on page 5 to indicate that Dr. Hockwalt is
President of the American Heart Association for
the Diamond Bar/Walnut Branch.
C/Medina indicated that he will be abstaining
from voting on the minutes because he was absent
during that subject meeting.
Moved by C/Ruzicka, seconded by VC/Johnson and
carried to approve the minutes of September 30,
1993 as amended, and subject to staff's review of
the last paragraph on page one.
AYES: COMMISSIONERS: Goldenberg, Ruzicka,
VC/Johnson,
Chair/Schey
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: C/Medina
ABSENT: COMMISSIONERS: None
October 28, 1993
page 2
NEW BUSINESS:
Reso. 91-1A
CSD/Rose reported that Resolution No. 91-1A is a
Resolution of the Parks and Recreation Commission
establishing the place, day and time of
Commission meetings. He pointed out that the
Resolution has amended to indicate that the
Commission will meet the fourth Thursday of every
month, unless a holiday falls on that date, then
the meeting would convene on the third Thursday
of that same month. Staff recommended that the
Commission adopt Resolution No. 91-1A
Moved by C/Ruzicka, seconded by vC/Johnson and
carried unanimously to adopt Resolution 91-1A.
Diamond Bar
AA/Fritzal reported that the Diamond Bar Junior
Women's Club has offered to donate a trophy case
to the Heritage Park Community Center, as
specified in the staff report. The case could
be located in the hallway on the wall between the
kitchen and the community room. The Junior
Women's Club has indicated that they would like
the case to be for their material only. The case
would be designed in two sections, each
containing two shelves and separate locks.
AA/Fritzal then introduced Mary Helen Warren,
representing the Diamond Bar Junior Women's Club.
Chair/Schey requested information on the
organization's background.
Ms. Warren explained that the organization is
open for membership from the Cities of Pomona,
Phillips Ranch, Chino, and Diamond Bar. The
Junior Women's Club has participated in the "Jaws
of Life", the "House of Ruth", as well as various
other community programs and services. The
awards displayed would come from the local
community. The Club is interested in obtaining
an appropriate location to display the awards to
expose the Club's involvement in the community
and to help encourage further membership.
Chair/Schey expressed concern that the case
should be made available for use by all community
clubs.
Ms. Warren stated that other community clubs
should be able to display their awards,
October 28, 1993 Page 3
particularly since this is a public building. A
larger case can be designed in order to allow
other community clubs the opportunity to display
their awards, asking each participant to share in
the cost of the case.
Ms. Warren pointed out that because there is a
very limited space within the building, the size
of the display case is limited.
AA/Fritzal stated that the building has been
measured to determine the available space and
approximate location.
C/Medina suggested that, if there are available
funds, the City could purchase and install large
shelves placed on the opposite wall of the
proposed location of the display case. These
shelves would be used to represent the different
organizations within the community.
VC/Johnson inquired if staff has completed any
preliminary work to develop a plan for the use of
wall space.
CSD/Rose explained that the matter is still in
the discussion stage. He then asked Ms. Warren
various questions regarding the structure of the
display case.
Ms. Warren, in response to CSD/Rose, stated that
the carpenter hired to build the display case is
aware of the limited space situation. It can be
requested that the display case be constructed in
such a manner that it can be easily moved if
necessary. The height of the case took into
consideration the lighting on the wall.
C/Goldenberg suggested that staff first determine
how many clubs are interested in using the
display case and how it's use will be allocated
before the display case is designed.
Chair/Schey stated that staff and the Commission
need more time to review the ramifications of the
offer before making a final decision. Staff
needs to further investigate how best to utilize
the space available, and how best to accommodate
any additional requests. The Commission
concurred.
October 28, 1993 Page 4
It was the consensus of the Commission to request
staff to determine what wall space can be
reasonably used, and to bring back a
recommendation to the Commission on how best to
proceed with this matter.
Ms. Warren, on behalf of the Diamond Bar Junior
Women's Club, offered to donate a Christmas Tree
to the City.
Chair/Schey suggested that Ms. Warren contact
staff to determine the appropriate specifications
for the tree.
OLD BUSINESS:
Status Report:
Pantera Park CSD/Rose reported on Pantera Park's progress.
The grading plan and the site plan was recently
received for the Pantera Elementary School to be
built across from Pantera Park. The elements of
the Park and School are being designed together
in order to best serve the community's needs.
Park Improvements CSD/Rose reported that a number of Capital
Improvement Projects have been approved for the
parks this year. The City is in the process of
selecting an on call Landscape Architect to
assist in each of the park improvements. The
award of contract will be considered by the City
Council at their November 2, 1993 meeting. Any
Commissioner interested in being involved in any
part of the park improvement projects should
contact staff.
C/Goldenberg expressed his interest in being
involved with the Park Identification Signs
subcommittee.
Chair/Schey, concerned with the height of the new
City Entrance Signs, stated that the Park
Identification Signs should be consistent with
the City's Sign ordinance.
VC/Johnson inquired when the sub -committees would
be able to start work on new projects.
CSD/Rose stated that staff will inform the
Commission when the on call landscape architect
October 28, 1993
page 5
is ready for input.
Chair/Schey directed staff to create a schedule
of the anticipated date for each of the projects
for the Commission's review.
C/Medina noted the poor conditions of the
basketball courts at Maple Hill Park.
Status of Parks
CSD/Rose reported that the F.F.P. seeking a
Master Plan
consultant to complete the Parks Master Plan will
go to the City Council for consideration on
November 16, 1993.
Status of
CSD/Rose reported the Senior Citizen program is
Senior Program
doing
very well at the new Heritage Park facility,
thanks to the efforts of AA/Fritzal and
AA/Barlow. Staff has met with representatives
from Mt. Sac regarding the scheduling of classes
for seniors at Heritage Park Community Center.
The proposed classes include exercise, arts and
crafts, and self improvement courses. Classes
will begin in the spring semester at no charge to
seniors. There is a new part-time position, as
outlined in the staff report, to coordinate the
senior program that is included in the 1993-94
fiscal year budget. The position and job
requirement will go to the City Council for
approval on November 2, 1993. Staff is also
preparing to apply for a grant from the Area
Agency on Aging to fund additional services for
seniors. The grant request will be due by early
February and funds will not be available before
July 1, 1994.
INFORMATIONAL
ITEMS:
Recreation Update:
Contract Classes RS/Pearlman presented the staff report on
Contract
& Athletics Classes. The following are some of the new
classes for the upcoming season:
- Children's sewing
- Drawing for adults
- Sugar Easter eggs
- Fabric picture frames
October 28, 1993 Page 6
The revenue generated to date for fall
programming is $32,063.00. Classes are still
open for the second session.
RS/Pearlman reported the Adult Basketball program
began Sunday September 26, 1993. The league
currently has ten teams participating. The Adult
Softball leagues ended October 24, 1993. The
fall season is to begin November 7, 1993 with 18
teams registered. The registration for the youth
basketball program is due to begin on November 1,
1993. The Saturday registration day will be on
November 6, 1993 from 9:00 a.m. to 1:00 p.m. at
Heritage Park.
In response to Chair/Schey, RS/Pearlman stated
that a team photo and individual photo is
included in the package for the basketball and
baseball program. Staff is in the process of
evaluating information from new photographers
which will be utilized for the Youth Basketball
and Youth Baseball programs.
RS/Pearlman reported that the athletics staff
attended the Southern California Municipal
Athletic Federation Sports Institute on October
7, 1993. The Staff had an opportunity to speak
to several vendors that offer photos, trophies
and equipment, and is evaluating the possible
several of the vendors.
Tiny Tots/ AA/Fritzal reported that the Tiny Tots are now
meeting
Adult Excursion at the Heritage Community Building. They are
using the tables and chairs bought with the money
donated by the Diamond Bar Improvement
Association (DBIA). Staff has received positive
comments on the use of the new facility.
AA/Barlow reported that there are two excursions
still scheduled for this session: the Huntington
Harbor Cruise and the Newport Cruise.
ANNOUNCEMENTS:
Commissioners C/Medina requested an update to the preparations
of the City's Fifth Anniversary Celebration.
CSD/Rose reported that staff will be organizing
the event for next year. Staff will bring back
an update at the next meeting.
October 28, 1993 Page 7
C/Medina indicated that he can contact
organizations to hep staff plan the anniversary
celebration.
C/Medina, in regards to roller hockey, stated
that the City of Covina has a roller blade/hockey
rink that is quite popular.
Chair/Schey suggested that staff investigate the
option of using portable railings for a roller
hockey rink.
C/Ruzicka requested to be notified on the
subcommittees for park improvements, particularly
on the ADA, user group, and retroffiting parks..
He then reported that a few residents approached
him with a concern that the trees in Peterson
Park were being undermined because of grass
cutting techniques used at the base of the trees.
He inquired if there is a way to protect the tree
bark on the Elms and other trees to keep them
from being damaged.
CSD/Rose stated that staff will discuss the
matter with the contractor.
C/Ruzicka requested staff to send the DBIA a
thank you note for the $2,500 dollars donated and
to what the money went for. C/Goldenberg
encouraged everyone to vote on election day.
VC/Johnson requested staff to send a thank you
note to the YMCA for the use of tables and
chairs.
Chair/Schey reported that there has been
discussion from staff on ways to more fully
utilize funds from the Landscape and Lighting
Districts for the overall parks systems. This
item will be brought before the Commission for
discussion some time in the future. He then
expressed his concern for the diminishing library
services offered in the community. He suggested
that staff and the Commission consider pursuing
a Library District, as was implemented by the
City of Pasadena. He also stated that a benefit
assessment district could be used as a way to
expand senior programs, and expand community
service buildings and facilities.
Staff CSD/Rose reported that the original proposal for
October 28, 1993 page 8
street hockey made by the YMCA has been
withdrawn. Staff will be meeting with Jerry
White, the Director of the YMCA, the Walnut
Valley Unified School District, and the
California Street Hockey Association to discuss
available options.
ADJOURNMENT: Moved by VC/Johnson, seconded by C/Medina and
carried unanimously to adjourn the meeting at
8:30 p.m.
Respectively,
Bob Rose
Secretary
Attest:
David Schey
Chairman
CITY OF DIAMOND BAR
MINUTES OF THE PARKS AND RECREATION COMMISSION
NOVEMBER 18, 1993
CALL TO ORDER: The meeting was called to order at 7:09 p.m. at the
Heritage Park Community Center, 2900 S. Brea Canyon
Road, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of allegiance by
ALLEGIANCE: Chairman Schey.
ROLL CALL: Commissioners: Goldenberg, Ruzicka, Medina, Vice
Chairman Johnson, and Chairman Schey.
Also present were Community Services Director Bob
Rose, Administrative Assistant Kellee Fritzal,
Recreation Supervisor Marla Pearlman,
Administrative Assistant Sandy Barlow, and Contract
Secretary Selena Robles.
APPROVAL OF
MINUTES:
Oct. 28, 1993 C/Ruzicka requested that the minutes of October 28,
1993, be amended on page 1 to properly reflect that
the comment made at the September 30, 1993 meeting
was as follows: "C/Ruzicka indicated that several
businessmen approached him during the Ranch
Festival and expressed concern forthereduced
attendance at this year's event". C/Ruzicka
requested that the minutes further indicate that
the Little League expressed a concern for street
traffic during use of the street in front of the
YMCA.
C/Ruzicka requested that the minutes be amended on
page 5, "Informational Items", first paragraph, to
change the word "that" to "the"; and on page 7,
third paragraph to indicate that the thank you note
to the DBIA should include information as to how
the money was spent.
C/Medina requested that the minutes be amended on
page 6, eighth paragraph, to indicate that the City
of Covina roller blade/hockey rink was created
inexpensively, and situated on one side of the
tennis court with the basketball court on the other
side.
Moved by C/Ruzicka, seconded by VC/Johnson and
carried unanimously to approve the minutes of
October 28, 1993 as amended.
OLD BUSINESS:
DB Junior AA/Fritzal reported that, pursuant to the request
Women's Club of the Commission at the October 28, 1993 meeting,
Request staff has reviewed the Junior Women's Club request
to donate a trophy case for the Heritage Park
November 18, 1993 Page 2
Community Center, and reviewed the potential usage
of wall space and display areas at the Community
Center. She reported that the Parks and Recreation
Commission had reviewed a similar request to
display a memorial plaque in March of 1991, at
which time the Diamond Bar Jaycees offered to
donate a memorial plaque to be placed at a City
Park. The subcommittee of the Commission,
consisting of C/Ruzicka and former Commissioner
David Meyer, reviewed that proposal and recommended
a policy concerning future display cases,. which
basically indicated that display cases should be
open to all groups to utilize. AA/Fritzal reported
that the Junior Women's Club has indicated that
they would be receptive to the idea of sharing the
case with others providing that the other
participating organizations contribute in the share
of the expense. Staff has also met with the
Diamond Bar Historical Society, and they have
expressed interest in setting up a historical
display in such a case and possibly pictures on the
walls. It is staff's opinion that a display case
at Heritage Park Community Center would benefit the
community by allowing local nonprofit groups to
display trophies of City-wide interest, as well as
allow the City to spotlight certain contract
classes and/or to display youth awards. It is
recommended that the Commission accept the donation
of a display case by the Junior Women's Club for
the Heritage Park Community Center and set the
policy with the eight conditions outlined in the
staff report.
AA/Fritzal, in response to VC/Johnson, stated that
a copy of the variance and grievance report was
included to allow the Commission an opportunity to
review the procedures.
C/Ruzicka expressed his support for staff's
recommendation. Hopefully, there will be other
display cases at other locations such as City Hall,
Pantera Park, Heritage Park, etc., where different
organizations are featured at each display case.
AA/Fritzal, in response to VC/Johnson's inquiry,
explained that if there is not a quarterly demand
for trophy case usage, the displayed materials
should be rotated so it does not continually
display the same items, and is kept current with
the most recent event.
C/Medina suggested that a monthly rotation system
be utilized, instead of a quarterly system, to
allow better use of the case because there are many
organizations that would like to use the display
November 18, 1993 Page 3
case. If no one applies to use it, then it can be
extended to three months.
CSD/Rose stated that, after much deliberation,
staff felt. that a quarterly rotation system
provided each group with sufficient display time to
promote an event, and to arrange for a new display
in plenty of time before the next event is to
occur. However, the schedule could be amended as
circumstances arise.
VC/Johnson suggested that the word "quarterly", in
condition 01, be amended to read "based on demand",
or "as scheduled" to allow for flexibility in
scheduling procedures.
The Parks and Recreation Commission concurred to
amend condition #1 to indicate "as scheduled".
Chair/Schey inquired if the Junior Women's Club has
indicated their willingness to donate the case
based upon these conditions outlined in the staff
report.
AA/Fritzal stated that an agenda and a staff report
was mailed to Ms. Warren, the Women's Club
representative, but staff has not received a
response at this time.
Chair/Schey, noting that one of the items was to
allocate some funding to the system, inquired if
the recommendations made in March of 1991 were
approved by the City Council.
AA/Fritzal stated that the City Council did not
take action on the recommendation. Staff will
forward the recommendation to the City Manager to
determine if action is required by the City
Council.
Chair/Schey inquired what would result if the
Junior Women's Club decided to retract their
donation of the use of the second shelf.
AA/Fritzal suggested that, if that were to occur,
the proposal for the display case could become an
Adopt -A -Park item.
CSD/Rose pointed out that these types of
negotiations would be made prior to accepting the
donation.
AA/Fritzal, in response to Chair/Schey's concern
regarding the importance of the Historical Society
to provide a permanent display for the City's
November 18, 1993 Page 4
historical items, stated that the Historical
Society has had displays at the library, Concert -
in -the -Parks, the Anniversary Celebration, and so
forth. At this time they are in the process of
categorizing items they have accumulated.
C/Medina suggested that perhaps the Historical
Society could use the other side of the wall at
Heritage Park Community Center to better display
their items instead of the shelves in the display
case.
VC/Johnson suggested that conditions #4 and #6
also be amended to replace "the first quarter" with
"the first scheduled period."
Motion was made by VC/Johnson, seconded by
C/Ruzicka and carried unanimously to accept staff's
recommendation as amended per Commission
discussion. If this is unacceptable to the Women's
Club, the proposal should be made available to
other organizations through the adopt -a -park
program.
RFP CSD/Rose reported that the R.F.P. seeking a
Parks Master consultant will go to the City Council for
Plan consideration on January 4, 1994, rather than
December 7, 1993.
VC/Johnson inquired what the Commission could do to
help finalize the Parks Master Plan.
CSD/Rose recommended continual communication with
the City Council on the necessity of a Parks Master
Plan. The Parks Master Plan is an essential
element to the planning of the City.
Chair/Schey stated that the item is considered
received and filed.
NEW BUSINESS:
Status of A/A Fritzal reviewed the matrix, attached to the
Heritage Park staff report, on the rentals of the Community
Community Center. She stated that a wide range of groups
Center Rentals have rented the facility, and events are scheduled
up to August of 1994.
CSD/Rose reported that there are already 76 uses
for this facility, generating revenue of about
$5,600.00. The goal for this fiscal year is about
$20,000 in revenues, which would pay for the
maintenance of the facility.
November 18, 1993
Page 5
CSD/Rose stated that staff is currently reviewing
the rules and regulations regarding the use of the
facility, particularly dealing with a set closing
time on the facility, the need for greater security
of the area, the cleaning deposit amount, and the
need to monitor the clean-up of the facility by
those using it.
Chair/Schey inquired of the reason for the
differing rental rates and insurance rates for the
same facility.
AA/Fritzal explained that there is a $50.00
insurance charge for those groups that do not serve
alcohol, and $100.00 for those serving alcohol.
Also, the fees are higher for those who live
outside of the Diamond Bar City limits.
CSD/Rose stated that a clause will be added to
cover any and all fees in the event that the
Sheriff's Station has to be called to assist with
group events.
AA/Fritzal indicated that additional clauses will
also be added to cover and protect the City from
any unwarranted liabilities.
VC/Johnson inquired if the Diamond Bar Worship
Center, which meets Wednesdays and Sundays, is an
ongoing rental, and if it interferes with other
programs at the facility.
AA/Fritzal explained that the group has rented the
facility for the next three months on a trial
basis, at which time staff- will review the
agreement. It does not appear to interfere with
other programs at this time. Staff is currently in
the process of working with the Engineering
Department to improve the parking situation and
lighting in the area.
Street CSD/Rose reported that staff has scheduled a
Hockey meeting with the YMCA Director Jerry White, and the
Update California Street Hockey Association for November
23, 1993 at 2:00 p.m. at the YMCA. At that time,
staff will measure the street, and the right-of-
way, to determine how much space will be required
to put in a rollerblade hockey rink. CSD/Rose
reported that, because of the General Plan
situation, the City can only authorize temporary
use of the site for the facility. It is
recommended that the Commission support, in
concept, the construction of a temporary street
hockey facility in the cul-de-sac of Sunset
Crossing and for staff to enter into negotiations
November 18, 1993 Page 6
with the YMCA and the California Street Hockey
Association for the provision of street hockey.
C/Ruzicka stated that there is concern, by the
Little League, for the safety of the children
because of the abundance of traffic circulating in
the area from the many activities being offered, as
well as the dangers of getting hit by flying pucks.
There is also a concern regarding the availability
of parking.
CSD/Rose stated that the addition of the rink in
the cul-de-sac will curtail parking privileges in
the area while the rink is in use. Many decisions
still have to be made, however, all organizations
can expect to be invited to participate in the
process.
Following Commission discussion, Chair/Schey noted
that more details are needed before the Commission
can proceed with further recommendations at this
time. Staff is directed to proceed with the
process and the negotiations, in concept only, and
to bring the matter back to the Commission in more
detail.
INFORMATIONAL
ITEMS:
Copy of Ordinance
AA/Fritzal reported that there have been many
(Termination)
inquiries regarding the terms of office with the
recent election. Staff has provided the Commission
with Ordinance 24A (1989) Section 5, Item A for
information purposes only.
5th
AA/Barlow reported that the time and location for
Anniversary
the 5th Anniversary Celebration is tentatively
scheduled for Sunday April 17, 1994 from 2:00 p.m.
to 10:00 p.m. at the Gateway Center, with a country
western theme to set the mood for the festivities.
Staff is in the early process of confirming the
Rodeo and the use of the Gateway Center for the
event. After these two items are completed, then
community service organizations will be contacted
to solicit their involvement.
C/Medina made the following suggested
modifications: a parade, in the morning hours
until noon, that would involve the community; a
cultural presentation could be held from 1:00 p.m.
to 4:00 p.m.; and a community dance to bring more
people out to socialize and get involved in the
community.
November 18, 1993 Page 7
AA/Barlow explained that a parade has not been
scheduled because it requires a lot of time and
money to prepare and conduct. However, a variety
of different community cultural activities are to
be offered, such as karate demonstrations, dances
(probably country western to coincide with the
celebration theme), a Rodeo presentation, as well
as activities for children during the day at
different times. The finalization of such plans
are to be discussed at a later time. AA/Barlow
also stated that most Rodeo demonstrations will
cover their own costs as long as the City provides
the site.
C/Medina inquired if service groups cover their own
cost and insurance costs.
AA/Barlow stated that most independent
entertainment groups cover their own costs, as well
as their own insurance. The City's best interest
would most definitely be considered before such
groups would be recommended to the Commission.
CSD/Rose stated that we now have a four to eight
week window in which to finalize the primary plan
of the event prior to soliciting the participation
of community service organizations. Elements of
the primary plan include the rodeo, site and
insurance needs.
C/Medina indicated that, even though it would be
more difficult to present a parade, he feels that
it would attract more people and encourage more
participation in the event.
AA/Fritzal pointed out that the allocated budget of
$1,500 may not cover the cost of a parade, which
requires blocking the streets, and hiring the
services of the Sheriff's Department to .help with
the various parade activities.
CSD/Rose noted that the City already has a parade
once a year, and another such event is probably not
something being sought by the community. Also,
there simply may not be enough time to plan and
conduct the parade.
Chair/Schey requested staff to keep the Commission
informed on the progress of the planning of the
Anniversary Celebration.
November 18, 1993
Page 8
Recreation
Update:
Contract Classes
RS/Pearlman presented the staff report on Contract
Classes. Staff has been making efforts to expand
the pool of available facilities for contract
classes. The newest commercial facility is
Peppertree Child Enrichment Center located at 3201
S. Brea Canyon Road. The usage of commercial
facilities expands the class space available to the
City as well as reduces classroom rental costs.
She also reported that she attended the Awards and
Installation Banquet in Glendora for the Southern
California Municipal Athletic Federation for the
San Gabriel Valley, and the Recreation Division of
Diamond Bar has received an award from the National
Youth Sports Coaches Association for having the
most coaches that completed the training in the San
Gabriel Valley.
CSD/Rose informed the Commission that the City is
in the process of formalizing an agreement with the
Pomona Unified School District to use their
facilities for recreation purposes.
Adult
AA/Barlow presented the staff report on the
Excursions
progress of scheduled trips. She reported that
eight trips are scheduled between January and May
of 1994.
Tiny Tots
AA/Fritzal presented the staff report on the Tiny
Tots program. The program remains successful.
Senior Citizens
CSD/Rose reported that thle Seniors are happy with
the Community Building. Staff has been working
with Mt. Sac to develop more Senior Citizen
classes, such as Water Color classes, Chinese Brush
Painting, Physical Conditioning, and Calligraphy.
The only requirement for the classes is that a
minimum amount of people sign up for each class.
Staff will be mailing brochures to those on the
Department's senior citizen mailing list to inform
them of the classes. The classes start the week of
January 10, 1994.
ANNOUNCEMENTS:
Staff CSD/Rose reported that 22 applications have been
received for the Senior Coordinator position, and
72 applications for a Park Maintenance Helper
position. Staff is anticipating to begin
interviews next week with hopes of hiring a person
for each of these positions by the first part of
December.
November 18, 1993 Paqe 9
CSD/Rose reported that the City Council, at their
meeting of November 16, 1993, amended the budget
which included new security lights at Heritage
Park.
CSD/Rose also reported that a breakfast with Santa
Claus is to be offered by the City of Diamond Bar
and the Diamond Bar Rotary Club. This would be a
new event for children 3 years to 7 years old and
their parents, to be tentatively held at Heritage
Park on Saturday December 18, 1993 from 9:00 a.m.
to 10:30 a.m.
AA/Fritzal stated that it is recommended that the
next Commission meeting be held on December 16,
1993 at the Heritage Park Community Building.
Commissioners C/Medina suggested using volunteers, instead of the
Sheriff Department, for any parade activities.
C/Ruzicka requested that an update on the
Priorities List be made available the first of the
year.
C/Goldenberg expressed concern regarding the
appearance of the Diamond Bar Entrance Signs.
CSD/Rose stated that holiday banners will be
attached on the cross bars of the Entrance Signs.
Eventually, landscaping will be included at the
base of the signs to improve the aesthetic
appearance of the signs.
ADJOURNMENT: Moved by C/Ruzicka, seconded by VC/Johnson and
carried unanimously to adjourn the meeting at 9:00
p.m. and to the next meeting on December 16 at 7:00
p.m. at Heritage Park Community Center.
Respectively,
Bob Rose
Secretary
Attest:
David Schey
Chairman
CITY OF DIAMOND BAR
MINUTES OF THE PARKS AND RECREATION COMMISSION
DECEMBER 16, 1993
CALL TO ORDER: The meeting was called to order at 7:05 p.m. at the Heritage Park
Community Center, 2900 Brea Canyon Road, Diamond Bar,
California.
PLEDGE OF The audience was led in the Pledge of Allegiance by Chairman
ALLEGIANCE: Schey.
ROLL CALL: Commissioners: Goldenberg, Ruzicka, Medina, Vice Chairman
Johnson, and Chairman Schey
Also present were Community Services Director Bob Rose,
Administrative Assistant Sandy Barlow, Recreation Supervisor
Marla Pearlman, Senior Services Coordinator Lillian Orejel, and
Parks Maintenance Helper Lowell Frodesen
MATTERS FROM None
THE AUDIENCE:
APPROVAL OF Moved by C/Ruzicka, seconded by VC/Johnson and carried
MINUTES: unanimously to approve the minutes of November 18, 1993, as
presented.
Nov. 18, 1993
OLD BUSINESS:
DB Junior CSD/Rose reported that a letter was sent to the Diamond Bar
Women's Club Junior Women's Club outlining the Parks and Recreation
Request Commission's recommendation regarding their offer to donate a
trophy case for the Heritage Park Community Center. He stated
that the club's representative has indicated they will contact staff
once their organization has reviewed the letter. Staff will keep the
Commission informed on the status of the proposed donation of
the trophy case.
Pantera Park CSD/Rose reported that the Public Workshop Meetings for the
Design and Pantera Park project have been tentatively scheduled for January
Development 13, 1994, and February 3 or 17, 1994, subject to the concurrence
Project of the Commission. He stated that staff is in the process of
notifying residents within the Pantera Park area, user groups, as
well as residents who have expressed an interest in providing
input, to inform them of the workshop meetings. Staff has also
included an article in the newspaper and the City Newsletter
generally informing the public of the hearing process.
December 16, 1993 Page 2
Chair/Schey suggested that a notice be posted on the park site as
well.
Larry Ryan, of RJM Design Group, explained that the workshops
are intended to be an information sharing process, comparing the
park to existing facilities in the City and providing an
understanding or awareness of the site, through the use of graphic
illustrations, to demonstrate the site's potential to serve the
community. Hopefully, a concept can be agreed upon as a result
of the discussions. He then suggested that a Project Committee
be developed as part of the Master Plan process, consisting of
adjacent residents, Park and Recreation Commissioners, user
group representatives, and other interested members of the
community, who would be involved with the project as the project
evolves through the final approval process.
In response to C/Ruzicka, Larry Ryan stated that every attempt
will be made to be sensitive to any concern raised that the design
process may be going too fast or too slow. He reiterated that the
design process is intended to encourage the community to provide
input regarding possible concepts for the park, as well as to
provide information to the community regarding the needs of the
City and the constraints of the site.
In response to Chair/Schey, Larry Ryan stated that diagrams and
graphics of the site will be presented at the first workshop. The
community will be encouraged to express what they envision in
the design of the park. He stated that the information received at
that meeting will be used to develop a variety of diagrams,
illustrating the feasibility of the suggestions made, which will then
be presented at the second workshop with the hope of attaining
an identified preferred alternative plan.
CSD/Rose, in response to C/Goldenberg, stated that the park site
is approximately 23 acres, 15 of which are developable, which is
considerably bigger than Peterson Park which is approximately 9
acres in size.
Following a brief discussion, the Parks and Recreation Commission
concurred to schedule the second workshop meeting for February
3, 1994.
Park Improvements CSD/Rose reported that the costs for the recommended projects
Update prioritized by the Commission at its July 22, 1993 meeting were
under estimated. Also, requests for four alternative or additional
projects have been received by staff since that meeting.
December 16, 1993 Page 3
Therefore, staff is recommending a revised priority list for park
improvements for fiscal year 1993/94. He then reviewed the
revised priorities list, and the estimated costs, as indicated in the
staff report.
CSD/Rose stated that it is also recommended that the
improvements to Paul C. Grow Park not be included on the
priorities list until such time that negotiations with the Walnut
Valley Unified School District have been completed regarding an
agreement for occupying the site.
C/Goldenberg suggested that part of the $50,000 budgeted be
used to develop additional athletic fields at the Pantera Park
School site adjoining Pantera Park.
Larry Ryan pointed out that the site has poor soils condition, and
it would be quite expensive to convert those fields to usable
playing fields, at an estimated cost of about $80,000 an acre.
CSD/Rose, in response to C/Medina, reported that the project to
resurface the tennis and basketball courts at Maple Hill Park is
already out to bid.
C/Ruzicka inquired if the increased lighting for the tennis courts at
Maple Hill Park will negatively impact the neighborhood.
CSD/Rose stated that since the new fixtures are designed to
minimize direct light, the additional lighting should not be a
concern.
Chair/Schey invited those wishing to comment to come forward.
Cindy Morton, representing Diamond Bars Girls Softball, reminded
the Commission of the City's agreement to donate the other half
of the bleachers donated by Diamond Bar Girls Softball League for
Peterson Park.
CSD/Rose reported that it has been confirmed that a commitment
had been made.
Abus Rale, a resident, stated that he and other neighbors are
willing to contribute funds for the installation of basketball/tennis
courts at Summit Ridge Park.
Chair/Schey stated that the City would first need to know the
level of contribution before making a decision.
December 16, 1993 Page 4
C/Ruzicka noted that there have been a couple of other requests
made for basketball courts at Summit Ridge Park.
VC/Johnson suggested that the lower half of the park be explored
for that use because there is immediate parking available, and the
lighting and noise in that area would have the least affect on the
neighborhood.
CSD/Rose stated that staff will do a preliminary research of the
measurements and estimated costs.
There being no one else wishing to provide comment, Chair/Schey
returned the matter back to the Commission for consideration.
Moved by C/Ruzicka, seconded by VC/Johnson and carried
unanimously to recommend to the City Council to accept the
revised priorities list for park improvements.
A.D.A. CSD/Rose reported that the cost to retrofit Maple Hill Park to meet
Retro -fit - the Americans with Disabilities Act (ADA) is estimated at
Maple Hill $100,000 dollars. Retrofitting is required in several areas,
Park including the handicap parking, the restrooms, thela
p y ground
equipment, the access to the tennis courts, and the relocation of
accessible picnic tables. He stated that it is recommended that
the Commission schedule a meeting of the ADA subcommittee to
meet with Larry Ryan, of RJM Design Group, to discuss the
development of policies that will guide future retro -fit projects.
Larry Ryan explained that the intent of the ADA is to make
government buildings, facilities, and programs accessible to the
disabled. He suggested that the City establish a policy to correct
deficiencies that are readily achievable and establish a reasonable
time frame to correct those deficiencies.
VC/Johnson and C/Ruzicka, members of the ADA subcommittee,
concurred to meet with staff and Larry Ryan on Wednesday,
December 29, 1993 at 9:00 a.m. at C/Ruzicka's house to discuss
the development of policies that will guide future retro -fit projects.
NEW BUSINESS:
Intro of CSD/Rose introduced Lillian Orejel, the Senior Citizens
New Community Coordinator, and Lowell Frodeson, the Parks Maintenance Helper,
Services Staff who are new Community Services staff for the Heritage Park
Community Center.
December 16, 1993 Page 5
CDBG - CSD/Rose reviewed the requests submitted by staff for the
Requests for Community Development Block Grant (C.D.B.G.), as indicated in
1994/95 the staff report, which included requests for Senior Programming,
Community Center Furnishings, and ADA Retro -fit.
C/Medina inquired if CDBG funds could be used to subsidize
transportation services.
CSD/Rose explained that CDBG limits the amount of funds that
can be used for transportation projects; however, another source
of funding can be pursued through Proposition A funds.
VC/Johnson inquired if staff has communicated with Senior
Groups on the availability of transportation services for Seniors.
CSD/Rose stated that a resource list is currently being developed.
Chair/Schey volunteered to represent the Commission before the
City Council at its January 18, 1994 meeting should such
representation be requested by City Council.
Letter to CSD/Rose reported that a concern has been expressed by both the
User Groups Walnut Unified School District and the Pomona Unified School
District that certain user groups are misusing the school district
facilities. Staff has included a draft copy of a letter intended to be
sent to all user groups from the Parks and Recreation Commission
reminding them of their need for facilities and the importance of
using the facilities appropriately.
C/Ruzicka suggested that perhaps each user group should be
suggested to appoint someone to supervise the use of the
facilities. He also stated that the letter is fair warning to user
groups.
VC/Johnson suggested that the letter specifically indicate that the
City has limited facilities, and does not have additional space in
the event that a group is restricted from use of the school
facilities.
Chair/Schey stated that it is the consensus of the Commission to
request staff to modify the letter appropriately, and to present the
letter in final form to be signed by the Chairman, and mailed to
the user groups.
December 16, 1993
Page 6
C.P.R.S. Chair/Schey inquired if any Commissioner is interested in attending
Conference the California Parks and Recreation Society annual state-wide
Registration conference scheduled in Anaheim from February 3 - 6, 1994.
CSD/Rose, correcting the staff report, stated that the pre-
registration fee for the conference is $145, and on-site registration
is $175, per person. He stated that the conference is conducted
locally every three years.
VC/Johnson expressed an interest in attending the therapeutic
recreation session, noting that it would be helpful with ADA
requirements in the future.
Chair/Schey suggested that Commissioners contact staff on any
session that they may be interested in attending.
Parks & Chair/Schey noted that the Commission has received a copy of the
Recreation current Parks and Recreation Commission Handbook which was
Commission last revised March 12, 1992.
Handbook
CSD/Rose reported that staff is in the process of up -dating the
handbook, to be tentatively completed by February 24, 1994.
Chair/Schey inquired of the type of changes staff anticipates
making to the handbook.
CSD/Rose explained that the handbook needs to incorporate the
1994 Brown Act revisions, the Parks facility update, a change
indicating the new location of theParks and Recreation
Commission meetings, as well as any revisions or additions of the
concepts in the handbook that may be suggested by the
Commission.
Chair/Schey suggested that the Commission review the current
handbook and submit any comments to staff prior to January 28,
1994.
1994 CSD/Rose reported that a copy of the 1994 Ralph M. Brown Act,
Brown Act as supplied by the League of California Cities, has been included
in the Commission's packet for informational purposes.
December 16, 1993 page 7
INFORMATIONAL AA/Barlow reported that staff is in the process of obtaining
ITEMS: information from Rodeo companies, and more finite plans will be
5th available by the next meeting.
Anniversary CSD/Rose stated that the 5th Anniversary Event, which is
scheduled April 18, 1994, will have a country western theme to
tie into the history of Diamond Bar, and is proposed to include a
barbecue, dance, rodeo, games and rides. He stated that in order
to stay within the budgeted $1,600, many of the activities will be
self sustaining.
RECREATION
PROGRAM
UP -DATE:
Breakfast CSD/Rose reported that 60 people have registered for the
with Santa Breakfast with Santa event, scheduled at the Community Center
at 9:00 a.m., December 18, 1993. He stated that the Rotary Club
of Diamond Bar has donated $750 towards catering the event.
Athletics/ RS/Pearlman presented the staff report. She reported that the
Recreation revenue for contract classes at this time is $36,858, which is
Classes slightly higher than the $30,800 revenue received at the
completion of the fall recreation program in 1991, and the
$33,000 revenue received in 1992. She reported that the Adult
Athletics program will be extended due to rain. She also reported
that 3 out of the 6 Chaparral Middle School children that
competed in the San Gabriel Valley Cross Country Finals came in
first place.
Tiny Tots AA/Barlow reported that both the morning and afternoon sessions
of the Tiny Tots MWF classes are full at 18 participants each, and
the TTh session has 14 registered participants. She stated that
the afternoon TTh session has not received much interest at this
time.
AA/Barlow reported that the cruises to Huntington Harbor and
Newport, scheduled for the weekend of December 19, 1993, are
full, as is the cruise to Newport scheduled for December 23,
1993. She also reported that there are 6 spaces available on the
Rose Parade trip.
CSD/Rose stated that the fees for the Athletics/Recreation classes,
Tiny Tots, and Adult Excursions are based upon the costs involved
in operating these programs. The increase in revenue in 1992/93,
as reported by RS/Pearlman, is a result of an increase in the
December 16, 1993
Page 8
number of participants, as well as programs. The revenue is used
to pay for the costs associated with those programs.
Senior Citizens CSD/Rose reported that the Lively Seniors program, which meets
on Tuesdays, has just been expanded to Wednesdays to
accommodate individuals who like to play cards.
CSD/Rose reported that a Community Services Coordinator
Position is currently being recruited for the Tiny Tots program.
COMMISSION C/Goldenberg requested staff to expedite the resurfacing of the
COMMENTS: basketball courts at Maple Hill and Ronald Reagan Park in any way
Possible. He also requested staff to try to improve the sound
system at the Community Center during the Commission
meetings. He then reported that the City Council rescinded the
General Plan at its December 14, 1993 meeting, and is seeking
volunteers from each Commission to participate on the General
Plan revision subcommittee. He volunteered to represent the
Parks and Recreation Commission.
VC/Johnson requested that staff gather information on the
equestrian trails in Diamond Bar, particularly the trails from the 57
freeway extending towards Chino Hills, as well as information on
trails linking into the Walnut, Chino Hills, and Brea area. The
information should be given to a subcommittee to discuss
dedicating at least the existing portion of the Schabarum trail, and
developing a timeline for the dedication process.
VC/Johnson then stated that the Diamond Bar/Walnut YMCA has
a Santa program where people can schedule a Santa visit for
Christmas parties now through Christmas eve.
C/Ruzicka wished everyone a Merry Christmas and a happy
holiday. He requested an update on the Parks Master Plan, as
well as an itemization of open space in the City.
C/Ruzicka inquired of the City Council's direction regarding the
revision process, and the participants to be on the committee to
revise the General Plan.
CSD/Rose explained that the City Council has not yet indicated a
final decision as to how the revision process is to occur. Since it
is to be a public process that will be appropriately noticed,
anyone interested has an opportunity to attend the meetings.
December 16, 1993 Page 9
C/Goldenberg stated that, to his understanding, the committee is
to be made up of members of the General Public, members of the
Commissions, and members of the City Council.
Chair/Schey stated that he had indicated an interest to the City
Council to be able to participate in the public process, but not
necessarily as chairman of the Parks and Recreation Commission.
He suggested that since the City Council has not yet made a final
decision regarding the revision process, it may be more
appropriate at this time to simply acknowledge their desire that
each Commission be represented, without specifically naming that
representative.
C/Ruzicka inquired if there has been any action by the City Council
to dedicate the area off of the 57 freeway south to the Orange
County line as a scenic highway.
Chair/Schey noted that the rescinded General Plan did designate
that area as a scenic corridor.
C/Medina volunteered to assist in the preparation of the 5th
Anniversary event.
CSD/Rose, in response to C/Ruzicka, reported that, because of the
decision to revise the General Plan, the Parks Master Plan has
been postponed until the revision process has been completed.
Chair/Schey, concerned with pedestrian safety, as well as the
maintenance element of the guardrails installed on Grand Avenue,
recommended that the turf be eliminated -and replaced with ground
cover.
VC/Johnson suggested that longer, tapered type banners be used
for the Entrance Signs.
CSD/Rose stated that staff will forward all comments regarding
the Entrance Signs to the appropriate bodies for action.
ADJOURNMENT: Moved by C/Goldenberg, seconded by VC/Johnson and carried
unanimously to adjourn the meeting at 9:56 p.m..
December 16, 1993 Page 10
Respectively,
Bob Rose
Secretary
Attest:
David Schey
Chairman
MINUTES OF THE REGULAR MEETING
OF THE DIAMOND BAR PARKS AND
RECREATION COMMISSION HELD ON
THURSDAY, JANUARY 27, 1994 AT
7:00 P.M. IN THE HERITAGE PARK
COMMUNITY CENTER
CALL TO ORDER
Chairman Schey called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Chairman Schey.
ROLL CALL
Present: Chairman Schey, Vice Chairman Johnson, Commissioners:
Ruzicka, Goldenberg, and Medina
Staff: Community Services Director Bob Rose, Administrative
Assistant Sandy Barlow, and Recreation Supervisor Marla
Pearlman
Absent: None
MATTERS FROM THE AUDIENCE - None
MINUTES
1 . Minutes of December 16, 1993
Moved by VC/Johnson, seconded by C/Goldenberg and carried unanimously to
approve the minutes of December 16, 1993, as presented.
OLD BUSINESS
2. Diamond Bar Junior Women's Club Request
CSD/Rose reported that the Diamond Bar Junior Women's Club has accepted all
conditions sought by the Commission regarding their request to place a trophy case
at Heritage Park Community Center, with the following conditions: they would not
be obligated to repair any damage done to the case after delivery to the
Community Center; there would be a representative of the City present to accept
delivery of the case and to supervise its installation so that the Women's Club
would not be held responsible for any personal injuries or property damage that
may occur during installation; and they request a ceremony to inaugurate the case.
It is recommended that the Commission receive and file the staff report.
Parks & Recreatlon Commission Minutes of January 27, 1994 Page 1 of 10
Chair/Schey stated that the Commission considers the letter received and filed.
3. Pantera Park Design and Development Project
CSD/Rose reported that the first public workshop on the design of Pantera Park
was held Thursday, January 13, 1994 at the Heritage Park Community Center,
with 25 people in attendance. The biggest two concerns expressed regarded the
need to receive additional input from the neighborhood, and the desire to mitigate
traffic impacts. CSD/Rose stated that, in response to the concerns expressed,
staff mailed out 400 surveys to the community, and contacted the traffic
engineering firm of Linscott, Law, and Greenspan to submit a proposal to the City
to conduct a traffic study. Staff received numerous responses back from the
surveys, which have been forwarded to RJM for their review. Staff also received a
proposal from the firm of Linscott,. Law, and Greenspan estimating the traffic
evaluation will range between $500 to $1,200, depending upon the final number of
program elements that will need to be evaluated and compared to, the base traffic
count. CSD/Rose stated that many neighbors provided input supporting an active
park with athletic fields as long as there is mitigation regarding on site parking, the
use of lights, and traffic. Some expressed concern for the impact of the traffic on
the neighborhood from the three access points to the park: Gold Rush to High
Crest to Pantera Park; Carpio to Armitos to Pantera Park; and Long
View/Summitridge to Leyland to Pantera Park. CSD/Rose stated that RJM Design
Group, whose intention is to bring back suggested program elements for the
meeting of February 17, 1994, has indicated that they would like the results of the
traffic study by February 10, 1994, so they can incorporate the evaluation and the
suggestions made at the workshop into the program element. He stated that RJM
intends to develop plans based on a worse case scenario in terms of development,
a middle ground scenario, and a passive, non -intrusive scenario.
Chair/Schey, who attended the workshop along with VC/Johnson, stated that he
understood why those living adjacent to the park were quite .concerned with the
potential traffic impacts to their neighborhood, particularly since the park is located
in the middle of this residential neighborhood and a school is to be developed
across from the park; however, he stated he can also understand the need to
maximize this large parcel for the best interest of the community in general.
VC/Johnson stated that he feels the majority of the people in attendance were in
favor of an active park, as long as the traffic and parking situation could be
mitigated. Much of the design of the park will rely on how strongly the residents in
the community want an active versus a passive park, and if they express those
desires at the public workshops, or in writing to staff.
CSD/Rose noted that, of the 22 written comments received from those in
attendance of the workshop, 16 indicated their support of an active park, with
concerns expressed regarding traffic impacts.
NEW BUS/NESS
Picks & Recreation Commission Minutes of J&nuary 27, 1994 Paye 2 of 10
4. Introduction of New Community Services Staff
CSD/Rose reported that the City has hired the following three new Community
Services staff: Cheryl Bird - Tiny Tots Coordinator; George Garcia - Parks
Maintenance helper; and John Argent - Parks Maintenance Helper. He stated that
the City has decided not to renew the Maintenance Contract, which concludes in
January of 1994, but rather to utilize staff to maintain the building.
Chair/Schey inquired how the Tiny Tot Program and the Head Start Program differ.
CSD/Rose explained that the Head Start Program is a federal program that must be
licensed, and it operates 5 days a week for 4 hours a day. Other than that the
basic programs are quite similar.
5. Senior Citizen Program
CSD/Rose reported that, following a meeting with staff and the City Council Senior
Citizen Sub -committee on January 18, 1994, it was agreed that there was a need
for adding a nutritional lunch program for Seniors at Heritage Park Community
Center, and to have Intervale Senior Services (a branch of the San Gabriel Valley
YWCA) submit a grant request on behalf of the City to fund the nutrition program.
He stated that a letter of support from the City is needed in order for Intervale to
proceed. It is requested that the Commission recommend to the City Council to
submit a letter of support to Intervale Senior Services so that Intervale can submit
a grant request for a nutritional lunch program on behalf of the City. The issue will
be before the City Council at its February 1, 1994 meeting.
CSD/Rose, in response to Chair Schey, explained that the agreement will require
the City to provide the space, table, chairs, the set up, the janitorial, paper
products in the restrooms, a desk space for their on site manager, and possibly a
cash donation under CDBG, and Intervale will provide the food service,
reservations, money management, and offer special services programs such as
legal services, case management, nurses in the visiting program, meals on wheels,
etc. He stated that the services provided by Intervale have received outstanding
recommendations.
C/Goldenberg inquired if this service would conflict with other activities scheduled
around noon at the Community Center.
CSD/Rose stated that the Lively Seniors Program, which currently meets Tuesdays
from 10:00 a.m. to 3:00 p.m., have indicated that they are willing to reschedule
their meeting time from 1:00 p.m. to 3:30 p.m., though anyone desiring can
participate with the lunch program.
CSD/Rose, in response to VC/Johnson, stated that one hour is ample time for the
nutrition program; however, the facility will be available for longer periods of time
Perks & Recreation commission Minutes of Jsnusry 27. 1994 Page 3 of 10
for those who want to arrive earlier and relax. Staff's intent will be to reserve the
facility from 9:00 a.m. to 3:00 p.m. Monday - Friday for exclusive Senior use,
allowing the Tiny Tots program to operate in the other room. He noted that the
recreation classes with Mt. SAC are held earlier than 9:00 a.m. and later than 3:00
p.m., so there is no conflict in schedule, and other types of programs will be
scheduled accordingly.
C/Ruzicka, noting that the nutrition program would restrict the use of the building
for any other use in the future, inquired if staff anticipates any problems occurring
as a result.
CSD/Rose pointed out that the Seniors are currently using the building for half of
the available time, leaving early mornings, late afternoons, and evenings available
for other uses. Since most people work during the day, the evening is prime time
for other type uses.
VC/Johnson inquired if this dedication to senior programming would affect special
summer programs or vacation programs.
CSD/Rose stated that staff is considering the use of Sycamore Canyon Park as
being the location for special summer programs. The Tiny Tot activity room at the
Community Center could also be used for vacation programs.
VC/Johnson inquired if consideration has been given to provide transportation to
Sycamore Canyon Park in the summer for those living in the vicinity of Heritage
Park.
CSD/Rose stated that consideration has not been given to provide transportation
for children, just seniors.
VC/Johnson expressed concern that dedicating that amount of time year round for
seniors will greatly take away the City's ability to provide services to the youth,
particularly in this area. Though the nutrition program is a good and needed
program, so are youth services, especially in the summer and during vacation
breaks. He stated that, though Sycamore Canyon Park could be utilized for youth
programs, it is not fair to those living on the south end of the City because there
continues to be no youth services provided, even though service was provided
prior to incorporation.
C/Goldenberg, noting that the Community Building was not intended to be solely a
Senior Center, stated that the more activities addressed in that area, the more it
becomes a senior citizens center.
CSD/Rose stated that the City has needs for many facilities, whether it be for
seniors, youth, swimming, etc. The City is trying to accommodate everyone's
needs with this one facility.
Parks & Recreation Commission Minutes of January 27, 1994 Pepe 4 of 10
VC/Johnson suggested that a modified nutrition program be considered that would not run five days a
week, particularly in the summer.
CSD/Rose stated that the program can be developed as desired. He pointed out that half
the funds to construct the Community Center came from CDBG funds, which requires that
Senior programs be part of the facility. The Seniors are currently utilizing about 50% of
the Community Building, but not on a consistent basis.
Chair/Schey suggested that the Commission could recommend to the City Council to allow
Intervale to act on the City's behalf to fund the nutrition program, expressing a concern
over the use of this facility for the nutrition program and other senior programs to the
exclusion of other members of the community, particularly the youth at this end of the City
during summer and vacation breaks.
Moved by C/Ruzicka and seconded by Chair/Schey to make a recommendation to the City
Council to approve a letter of support for Intervale to submit a grant request on behalf of
the City to fund the nutrition program, with an expression of concern on the part of the
Parks and Recreation Commission that programming of the Community Center should not
be done in such a way to exclude necessary services for the youth of this portion of the
City, recognizing the need for nutrition programs for the seniors along with the need for
services to the youth, particularly during summer and vacation times.
VC/Johnson, in response to CSD/Rose, explained that his inquiry regarding transportation
was only to offer a solution to parents who are not receiving services at this and of town;
however, even if this transportation service was offered, the parents may be disturbed at
having to transport children to the other end of town when the Community Center could be
utilized for youth programs. If the City Council decides that a full time nutrition program is
preferable, then perhaps the City Council could consider transportation for youth to help
mitigate the problem. He noted that other locations for the Senior nutrition program could
be considered.
Chair/Schey, summarizing the Commission's concern, stetted that the recommendation to the
City Council includes a expression of concern over the exclusive use of the facility for
seniors and the potential exclusion of the provision of youth services, and urges the Council
to consider some mechanism that youth services can be provided in this area of the City, or
to consider looking for alternative sites during those peak periods.
The Commission voted upon the motion made by C/Ruzicka and seconded by Chair/Schey to
make a recommendation to the City Council to approve a letter of support for Intervale to submit a
grant request on behalf of the City to fund the nutrition program, with an expression of concern
on the part of the Parks and Recreation Commission over the exclusive use of this facility for
seniors only; and encourage the use of the facility for other segments of the community,
particularly youth especially during vacation and summer periods. The Motion Carried
Parks & R@aeation Commission Minutes of January 27, 7994 Page 5 of 10
unanimously.
6. Priorities Matrix
CSD/Rose reported that, with the City's budget review process beginning February
1994, it is recommended that the Commission consider listing its priorities for the
1994/95 fiscal year.
CSD/Rose, in response to C/Medina, stated that all costs for senior programming
are recovered, as are the costs for the recreational activities offered by Mount
SAC, except for the expenses associated with the facility.
CSD/Rose, in response to Chair/Schey, stated that the Commission could develop a
sub -committee to synthesize the priorities lists submitted by each Commissioner, or
the Commission could discuss the issue now and develop a list of items that they
feel must be budgeted this year, such as a Master Plan, to include those items as a
wish list. He noted that some of the elements perhaps should not be a part of the
priorities list because these elements, such as a pool, a center, gymnasium etc.,
could be a part of Pantera Park, if the money was available.
C/Goldenberg noted that the Diamond Bar Ranch High School plan does mark out
an area for a swimming pool.
CSD/Rose pointed out that none of the high schools in the Pomona Unified School
District have swimming pools, and if one was to be built, it may have to be funded
by another source.
The Commission concurred to have each Commissioner prepare a priorities list and
submit it to staff within the next two weeks for the subcommittee's review.
VC/Johnson and C/Ruzicka volunteered to be on the Priorities subcommittee.
Chair/Schey suggested that the resurfacing of the tennis and basketball courts of
Maple Hill park be included on the list, as well as the readjustment and replacement
of lighting.
CSD/Rose, concurring that there are other items that should have been included in
the list, stated that staff will revise the list appropriately. He suggested that the
Commission develop a list of items that should be done this next fiscal year, and a
wish list of those items over $100,000. He noted that the items on the major CIP
list, not over $100,000, are the lights on the basketball courts at Heritage Park, the
sand volleyball court at Ronald Reagan Park and Summit Ridge, and the picnic
shelter at Sycamore Canyon Park. The items on the major CIP list costing over
$100,000 are the gymnasium, the community/civic center, and the tennis and
basketball courts at Summit Ridge.
7. Adopt -A -Park
Parks & Recreation Commission Minutes of January 27, 1994 Pape 6 of 10
CSD/Rose, correcting the staff report, stated that the recommendation to authorize
a letter should state that the letter will be sent to the user groups indicating that
there is a possibility of receiving funds for park projects/programs with proceeds
from the Chamber of Commerce' annual auction, and seeking their support and
attendance at the auction so additional funds could be raised for the parks for
everyones benefit.
VC/Johnson stated that he attended the Chamber of Commerce Benefit/Auction
Committee meeting with a list of projects, received from City staff, that the
Chamber could become involved in. The Chamber has indicated that they prefer to
commit a percentage of the money raised to the parks, rather than to a project. He
suggested that the City send a letter to the user groups and other participants of
Adopt -A -Park to support the Chamber's activity, and encourage those people to go
to the auction in a joint effort to raise money. He noted that since most of the user
groups solicit the business community, and the business' in turn give to the
community, then this event should become a joint effort toward developing the
parks. VC/Johnson stated that the Chamber did not indicate the percentage to be
given, but last year they donated $1,500 to the City, which was approximately
50% of the proceeds. He stated that the auction is scheduled for March 6, 1994
at the Diamond Bar Country Club.
Moved by C/Ruzicka, seconded by C/Johnson and carried unanimously to request
staff to draft a letter, for the Chairman's signature, as indicated, including as much
information about the donation as possible.
INFORMATIONAL ITEMS
S. Open Space Inventory
CSD/Rose stated that, as requested by C/Ruzicka at the last meeting, staff has
included an inventory of open space as indicated in the General Plan.
VC/Johnson inquired if the South Pointe Middle School is located on a park site.
He also inquired of the feasibility to negotiate with the School District the
Larkstone Park for a school site in exchange for Site D.
CSD/Rose stated that the temporary Middle School is located in Larkstone Park;
however, the South Pointe Master Plan shows the permanent structure to be
located on the school site, and the developers, in exchange for development, will
dedicate park land to the City. He stated that the City is still very much interested
in acquiring Site D for park purposes.
Discussion then ensued regarding possible school site alternatives, and the
feasibility of developing Site D.
9. Conflict of Interest Forms
Parks & Recreation commission Minutes of January 27, 1994 Pape 7 of 10
CSD/Rose stated that the Conflict of Interest Forms, distributed to the Commission
from the City Clerk, are due April 1994. The City Clerk is available to provide
assistance to anyone requiring help to fill out the forms.
10. Fifth Anniversary Celebration
CSD/Rose reported that the rodeo concept for the Anniversary Celebration has
been put aside, however, staff anticipates having a celebration similar to last years,
with children's rides, a petting zoo, a barbecue, and so forth. The City has
budgeted $1,600 for the event. CSD/Rose suggested that the Fifth Anniversary
Celebration sub -committee work with staff to organize the event.
C/Medina and VC/Johnson volunteered to be on the sub -committee and meet with
staff at a time to be determined later.
11. Recreation Program Up -Date
a. Breakfast with Santa
CSD/Rose reported that the breakfast event was successful with 97 people
in attendance.
VC/Johnson suggested that next year perhaps more people could help serve
the breakfast.
b. Athletics/Recreation Classes
RS/Marla Pearlman stated that there was a walk-in registration for winter
classes at Heritage Park on January 15, 1994. She stated that staff has
processed $15,378 in class registrations at this time, with a final goal of
$22,500. She reported that opening day for Youth Basketball was Saturday
January 8, 1994 at Maple Hill Park, with 160 children enrolled in the
program. She stated that Round Table Pizza has donated coupons for free
pizzas to the players, and has offered to sponsor the program as well as
some of the adult athletic teams.
C/Ruzicka noted the importance of the Commission being aware how many
children 12 years and under currently reside in Diamond Bar, so that the
success of programs can be accurately measured, developing programs with
this in mind.
RS/Pearlman reported that the Volleyball and Basketball Leagues have begun.
A tournament play, for the last three weeks of the league, is being offered to
the mens upper division. She stated that the staff members will be wearing
red shirts for easy identification.
In response to VC/Johnson, RS/Pearlman stated that anyone interested in
Parks & Reardon Commission Mimaes o1 January 27, 1994 Page 8 of 10
joining a softball league should contact staff in the Recreation Office and staff will place him if
a team needs a player.
C. Tiny Tots/Adult Excursions
AA/Barlow reported that 52 three and four year olds are enrolled in the Tiny Tot program.
The new coordinator, Cheryl Bird, has brought a lot of new elements to the program. She
reported on the Following Adult Excursions: the Gene Autry excursion had to be cancelled
due to the earthquake. The Whale Watching trip, scheduled for February 5, 1994 is sold
out; the Laughlin trip has only 20 available spaces; and the Orchid Show, scheduled in March
1994 in Santa Barbara, is half full.
d. Senior Citizens
CSD/Rose stated that there is a demand for 3 to 4 day trips from Seniors. Staff is currently
working on arranging a 3 day trip to Laughlin. He stated that there are 8 recreation classes
being conducted for Seniors at Heritage Park Community Center. In order for classes to
continue to be offered for free by Mount SAC, 20 people must be enrolled in the class. He
noted that exercise classes seem to be high in demand.. He then reported that the Lively
Seniors has requested the City Council to provide a larger storage container so that a larger
amount of food can be dropped off and distributed to a wider range of Diamond Bar seniors,
other than just the Lively Seniors. He then noted that membership of the Lively Seniors has
almost doubled since they have begun using the Community Center
ANNOUNCEMENTS
VC/Johnson requested an update to his suggestion for a joint program for the handicap for whale watching
and deep sea fishing. He stated that it need not be a budgeted program.
CSD/Rose stated that staff will investigate the program further.
C/Ruzicka suggested that there be some consideration to having Mr. Armentrout, the City's Emergency
Coordinator, attend the Parks and Recreation Commission meeting to provide suggestions regarding the use
of parks for refuge in emergency situations.
CSD/Rose reported that a new P.A. system should be available for future meetings.
ADJOURNMENT
Moved by C/Goldenberg, seconded by C/Medina and carried unanimously to adjourn the meeting at
10:00 P.M.
Parks and Recreation Commission Minutes of January 27, 1994 Page 9 of 10
Respectively Submitted,
/s/ Bob Rose
Bob Rose
Secretary
Attest:
/s/ David Schee
David Schey
Chairman
Pocks & Recrsstfon Commission Minutes of January 27, 1994 Page 10 of 10
(�o,5
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 Harmopy and Council Member Ansari
FROM: Linda G. Magnuson""
i Accounting'Manager
SUBJECT: Voucher Register, March 1, 1994
DATE: February 23, 1994
Attached is the Voucher Register dated March 1, 1994. As
requested, the Finance Department is submitting the voucher
register for the Finance Committees review and approval prior to
its entry on the Consent Calender.
The checks will be produced after any recommendations and the final
approval is received.
Please review and sign the attached.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated March 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
$570,537.53
112
Prop A - Transit Fund
23,835.83
115
Int. Waste Mgt Fund
2,649.00
118
Air Quality Imp Fund
6,562.55
125
CDBG Fund
2,241.00
138
LLAD 138 Fund
4,271.93
139
LLAD #39 Fund
8,106.02
141
LLAD #41 Fund
3,445.10
250
CIP Fund
21.160.09
TOTAL ALL FUNDS $642,809.05
APPROVED BY:
` inda G. Mag on Clair W. Harmony
Accounting Ma ger Mayor Pro Tem
4'e, " � • Nv
Terrence L. Belanger
City Manager
Eileen R. Ansari
Council Member
^+° [��y oF �'amz�d 8ar
R[GISTE� PKE l
�� rHR�.............0J'�z��
/ENDOR WANE VEND8H iD
.
ACCOUN7 P��7._.TX-NO BA.TH PO.LINE/�. r17`ANGT DWZ CEO,
�� Planners 3oo sh�e APAPlanner
A;',A Servics AR4�er �r�
(IQ2 V3/�/ ��g � Sign ��bcac511.m)
202
.-FA/CoryRefreshmef�t Svcs 4A
�01'40�}'2130
1 4;�'14
02.0 0301
322209
March E,ip Wf-i�
31 C0
m001'4C30-2325
32284 C.
Meeting Supplies
85.6O
TOTAL DUE VENDOP --------
---AT
AT& T
AT&T
4 C C1'4OJ0'2125
V::2 w8/O1
�iam Long Dist Ph -le Svcs
57.*3
TOTAL DUE VENDOR ---->
57.43
Accurate Landscape
Accurate
*13? -4539-221V
4 40301A
02/22 03/01
GrndSquirrel Omtrl'Ois.39
150.0O
°13O-45��'22�V
/ 403VIA
O2/22 03/01
31712
Maint Dist 38
326.46.
»139-453f'22�V
3 403014
02/22 03/0>
31713
Maint-Dist 39
13L42
*(�l'4328'22�V
1 40301A
02/22 03/01
31714
SprinklerRepair'Summitrdg
l2.97
*001'4313-2210
1 41)36iA
02/22 03/01
31715
Labor/lrrigazion-HrtgePrk
270.13
`O01'4 2210
2 403O1A
0202 }3/Oi
3016
1abor/Irrigat ion, -SycmreCy
294.40.
*00I 455�'55OC-
1 403C1A
02/22 03/0l
31717
Maint/Repair-Re 60
868.47
*13Y'4539'2210
2 403OIA
02/22 03/0i
3i744
Repair Nater Metpr'Dist3Y
420.00
*139'453v-2210
1 403V1A
02/22 03/O1
3W
Ditch Clean Up -Dist 39
600. 00
^VV1'4J1O-12(m
2 4V3V1
O2/22 03/01
31781
Supplies -All Parks
365.VV
*001-4,222-2210
1 40301A
02/22 03/V1
W82
Tree Removal RnnReagan
21)30
+0VI'4556'5500
2 403O1A
02/22 03/O1
31792
Maint/Ropa{r'Grand Ave
5M.68
^{38'453G'2210
2 40301A
02/22 03/01
3185S
Gopher Control #38
350.VO
4538'5500'
i 4V3*1A 10/1577
O2/22 03/01
31��
Feb Maint Dist #38
3,388.80
*13Y'4539-2210
5 40301A
02/22 O3/O\
21�59
GrndSquirrel Contrl-Ois39
'�4VV.00
`13Y-4539'5500
i 40301A
02/22 03/01
31859
Gopher Cm; trnl Dist 39
5?2Q. 22
«�61'4311'5300
2 40301A 06/1W,02/22
03/01
31925
Feb Maint'Paul Grow Prk
1`1V0.00
�OO1 4 313-5JO0
2 4O3O� A 02/1-.6602/22
V3/O1
3l925
reb M�
aiot'ritage Prk
'75V.00
»O01'4316'5300
2 4O3OIA 04 c
O2/22 ')3/0l
31925
Fat, Maint-Maple Hill
90Q. 100
»�O1-43�9-5�0
2 ^a30l4 0|,1�66
V2/22 V3/01
31925
Feb Maint-Peterson
125.00
»O`)I'4319-5300
4 403C1A ')1,L66
i2/12 0J/O1
3B25
Feb Maint Peterson Prk
1.O75.O0
'�V�'4322 53O0
2 �u��1� �G/z���
�2/22 03/01
31925
Feb Maint Rom Reagan Prk
1,00.00
^�1'4�25-5300
2 4��0�A 05,��&
�li22 03/O1
31925
Fen, Maint Starshine Prk
50C.00
OS/0
Feb Maint'Summitroge
1' 50O.00
*OV�'4331'�3Cm
2 40301A 08'��:�
.��..2
FeL. Mamc'Sycamore Cyn
1600.00
OL:: :wQ!
2:02
mooWepairno 70Y Fraj
125. Y;
T_�',�_ TDLE VENDD ----�
�,i Tl*E084
vEmD1O� NAME VENDOR ID. * ^ PREFAID ^ +
-o i 4T PrF.-Q.TX'NO BATCH PU.LINE��. E;N T P,�E ArIQu T �TE
-----------'------------------------------------------------------'
��ic����eLT'Li
merStoraQ
KO1409O'214O01
��ch-Rsni 2Un���'��.�1��
Arme trout, Phil
Armentrout
*:ol'440'4V�`
^i25-4215-2--.:55
l ��3J�A
02/22 OJ/Vl
�118
CD8GEmerS,cs'2/7'2/18
336.O0
Tr.. -AL DUE VENDOR ---->
Arton. Debra
1O37
`vvl'3478
5 4VJY, IA
O�/2� V3/0�
1O�r2
Re�,eation nefund
26.00
TO�AL DUE VENDOR --------
26.O0
B.Chamberlaio Consulting
1-er
*O01'4O90-22Cm
1,
O2/22 O3/O1
Pro� 9vcs'Comouter Repair
292.5O
T3TAL DUE VEuDC'0
8adre, Sami
���
,o0�'3478
3 40�O1�
V�/2 O3/O1
10���
Rscre�c�z: Re+un�
26.00
5araJas, Salvador
*001'3473
z5 4O3C�A
O2/22 03/01
10l42
RecreaLion ?eFund
32.00
rCTAL DUE YENDOR ---------
32.0O
G�—usa Garcia & Ba,nes 9arbosa
403O�A
beicran. ���cei
BeltraoH
23�6
1 403JIA
02�� 03�1
�cu~n�oposc/��gPrkRent
��.N)
TOTAL �� ;ExODR --------
---Best.
Best,Best & Krieger
S���e�
2 403V�A
0�,'22 (�/V1
Lega� Svcs'Prc ��/ Tax
46.��
TI
V 0 L, C H Ec C S 7 7
DUE THF.i�'.
ir-KiDF, NAME vr'_.NDGF, 'D. T
I J Lt Dt; c.
FF'J.TX-NC BATCH PO.LINE,'NC,. ENTRY �,L-E AmujN i -tit_...
------------------ -----------------------------------------------------------------------------------------------------------------
-�36. S -z
4_
'c ! u,
40:tDl-_
Cas=ed=, jacl. 1G=4
Charla-c Atbott Inc
7,
1 i J
'j=:: 7
:01D,
ChaversJT
OCR -
4
uupplies-F.eys for Farkas
J
U t .f;_ DUE VENDOR ----- --
I Q.
'Eu-, 51( aititi Remo , a I
'I
sn Svcs
--------
.-'TtgCcmmCeptr
X
'101TAL -jUr
1 7
GTAL DUE VENDOOF -- -------- i
7.Cj'/()l
-
01? 7t) 1
Dec Prof Svcs-SolidWastE
I
(�'970 I I
JEn Prof SVcs-SoIIJdWaz_te
i .1,141 06,
TOTAL DUE VENDOR --------
2 '4D (ii,
12 2
'13
crigr
Sewer s
CK
Am
J.
lnl�!DjIE
L - — -, nR
727-'4
T"TAL DUE VENDOR --------
410.00
T4 TM + g, - 2 Ij 10/94
40.00
TOTAL DUE VENDOR --------
410. ".0
D`an�nd
Ba' **^
PUN TIrE,V8v8��/25/��
�OUCnE� RE6��rER
��� 4
Dl- 17 rHRb.............03/���4
VENDOR NAME
:ENDOR ID
ACCOUNT PROJ.TX'NO BATPH PO.LINE�C
------------------------------------------------------------------
iUE
Co3s Landscape
Coa�tLar�
4�V|'455
-JT.AL J'JE VENDOR ----'>
26.�1O.85
Cummer ia} ',-enter Mngm
ComCe ��
*N 2
Rf:,-_ind'OvrpyTntEP54'77i
AL DUE VENDOR
Community Industries
Comm11M, Cus
*N1'475'5503 i
4��1B
02�� 6J/01
Jan Litter Removal Sv.7-s
83--3m.44
mlAL DUE VENDOR ---->
S129.44
Cummunity Swee ing
ComSweep
��1'4555'�W1 l
403O1B
02/22 O3/01
Jun Sweep Svcs
7.416.99
TCTAL DUE VENDOR ----}
7.41'.99
Computer Applied S�steirs
CA Z3
*0V1'4O5O'4O3 l
4O30l�
��/22 03y 1 024 -ah
Mar h Comp Maint
��.O0
|CTAL ELIE VENDOR '-'----'}
832.0O
ConFerpnce Res. Of;zcp
CooResOF�-
*S01'421O'233V 2
�03V1F
O2/22 O3/O1
�ccomLGCCnnF'DeStefano
81.75 O2/18/94 00N021476
TOTAL PREPAID AMOUNT ''-'>
81.75
TOTAL DUE YEh0OR '''''---/
V.VO
Council African American
CounAfroAm
'001'23VO-l0O2 3
40301B
02/22 03101
Ref/Oeposit-Hrtge Prk
100. C10
TOTAL DU[ VENDOR ''—'-''>
100.VV
O. B. Improvement Assoc.
D8lA
*VV1'42�0'422O l
41.')3Vl»
O2/22 V3/01
Gen Plan Ad'2/15/94
335.00
TOTAL DUE VENDOR -------->
335.O0
DFM Associate»
DFMAssoc
^0�z'4040-2J20 �
4O�015 �1/l734
V2/22 V3/O10013381
E' ion �de Books
71.O7
77'L DUE VENDOR --------
71.07
RUN TIME: *8'18 O2/25/94
�E T���.............(�/�l/94
VENDOR NAME
V[NDOR ID
D.
ACCOUNT PR§J.TX-N0
__________________________________________________________________
BATCH PO.LlNE@0,
BJRY/DLE
IICE
CESJ�IFT�Om
AMOJNT DAT CHEC
0 �_. t a -, Llick
����ick
�01'42�0'21JV
� 4O301B35.J%
[;ay&Night copyCertv- Da���ght
*ml'404O-�9V
l 4��18
0�''��
��/J�
5��
��yz�g Svcs-Pet±ions
T�7AL DUE VEHDO ----/
Day Timers
Da` /mer
rDT�4L IFE oENDOR ----->
24.l9
neQtofTransportation
Dept'rar-_
001'4555-55O7
1 403 18
02!22
O3/Vi
128777
Dec Sicnal & Light Svcs
09.46
TOTAL DU[ VENDOR ''-''-''>
839.46
Diamond Bar Hills Club
D8arHills
��1'435O'2140
� �V�lG
O2/22
(0/O1
�7�
�mtrac�Cla-sess'RemtlRe
1.1�0.00
T07AL DUE VENDOR ---->
�.11O,O0
U�amond ��
� �ty �s
��tyCa�
�@1'211O-10�
1 41O1D
02��
33�O1
��payable
17.37
78
17 4O3�1D
V2��
O3/V1
Qsrea ioo Refund
9.O0
���'4O1O-2325
3 403 1D
V2��
O3/O1
Meetings - C1ty Cou c
l2.03
»O�1'4P30'OO8—
1 40301D
V2/23
0�/01
Beret, ---'-'Mar
17.37
*01'403O-��5
2 40301D
V2/23
O3/01
Meet ' rity Mgr
46.8O
'4040 120V
1 403O1D
V2/23
03''0l
Supplies ' City Clerk
21.93
*001'4O5O-233V
l 4O3O�D
V2/23
O3/01
Con� & Mcgs ' Finance
l2.33
4210-i�VV
1 40301D
32/2�
V3/0i
P�annz�g ' Suppliei_;
22.67
4001'421O-2��
2 40300
O
anning Pub]ica�ions
l6.l1
^301'4S13 22�V
3 403V1D
O2/23
O3,�1
�ert Pk Main� Supplies
83.53
*�0�'435V-12VO
4 40301OO2/23
03/Ol
Supplies - Recreation
157.54
4356 2325
l 40301D
g Recreatinn
»001 4555'211V
1 403010
Printing—Pub Wks
80194
l 403O�O
O2/23
V3''O�
��pplies ' Seniur Pgm
5.00
TOTAL DUE VENDOR ---------
458.3V
U�awnnd Gar Petty [ash
PettrCash
+00� 404!`-211�
1 40K!
02/22
O3/0�
Prtg CClk
10.�8
*��1'4�9V'2l2C
4 ��?ViD
O2/22
O3''V1
Gen PostaOe
22.8Y
*OO1 4V96-2325
2 400lD
O�/22
O�/V1
Gen Gov� Mt�s
45.51
;o�i'4210'2325
J_
3en an Mtg
7.;2
,u0�'4556'55V0
9 4V0�U
F~y ProJ age
5.7V
rOTAL ��Y2.
10
+^^
RUN TIME:
E
QGE �
�� r��.............03/V1/94
VENDOR NAM[
V[NDOk ID
'
« * PREAlD ' *
ACCOUNT PR[2.TX-N0
--------------------------
BATCH PO.LlNE/NG.
------_---_-------_--_-------'----------_----_--_----'
ENTRY D --'E
TNVIICE
AMOUNT DATE CW
D1amuo Bar/Walnut
YMCA OBwalYMICA
^125'4215'2:355
3 4V3O1E
�Ii2 0/0�
CD��e�m'January
1.40*.00
0D& DUE VENDOR ---->
1,480.O0
Diana Cho & Associates
DianaChc
'125'4215-2355
2 403018
OZ/22 0311
CD8G Prof Svcs -jam
420.00
TOTAL DUE VENDOR '-''''''>
420. C0
Eastman Inc.
Eastman
*JV1'4V40-l1C0
1 403O1E O1/1791
02/22 V3/O1
O||82O2B!
Supplies'CClk
178.40
*V0l-4O40-110O
2 4O3O18 O2/l791
02/22 03/01
011828738
Supplies-CClk
197.91
*0O1-4050'{100
1 40301B 03/1791
V2/O1
01182877V
Suppliesfinance
6.V�
*001-4090-l100
l 403012 04/1791
02/22 03/01
011828778
Supplips'GemGovt
81.27
»o014310-1lO0
l 4036IB 05/1791
02/22 C3/31
011828S09
Supclies'Prk & Rec
2.36
4001'4350-1200
40S01B 06/179i
02/22 03/01
0l1828823
Sqplies-Rec Svcs
49.75
o00�-4J50'l20V
2 4O2011 07/1791
1832,557
Cr Mewo'Rec Svcs
l2.59'
TOTAL DUE VEN0] -'''-'-'>
503.18
Elliott. Janet
1011
*U01'3478
11 40301A
O2'�22 03/01
10452
Recreation Refuna
52.AV
DUE VENDOR ''—''''>
52.W)
Esposito, bL
EsposztoL
*02-4553'41OO
4 4:30lE
02/�2 0�/O1
T&��g-2/10/?4
40 AO
7.74L DUE VENDOP '---'>
40. 00
�&A :,sideral Credit Lhion
403�,F
O2/22 O3/01
PP?'PRDeductions
17820.00 02/09/94 0000214uv
TOTAL PREPAID AMOUNT
.!--20.00
TOTAL DUE VENDO� ---->
V.00
Fede -al [.press Ccrp.
Fed[xpre.s
*QtD.1'4O9O-2120
l 40301B
02/22 O3/01
51�325678
E,-;4.a/!-Oen 5ovt
22.001
WP4O90'212O
2 4VJ013
02/22 03/V1
516325678
E x pMa i 1 - GenOo-vt
37.25
��1'4210-�22O
2 40WE
02/22 V3/ 1
51632567
Expllail-GenPlan
67.50
'l50'4J16'6415 065 4
� 4�3��E
02/22 03'01
516325678
E^pa4 SvcfantemPark
13.00
m|4L DUE VENDOR ---->
139.75
First Ipters ste 3a�L
FietInter
~01'403�-1100
� 4O301B
0022 0851
SUN knogr
60.92
-�W1'40—O 2
.-
O2�� ��/01
Re }'Cwgr
2515
m01'��O- 130
l 4O�018
o2/22 0311;
Fuel-CMgr
22.44
r7�;.L DUE VENDOR ----}
109.01
+'* C�ty of D�amono
RUN TIME: 0O-002 `5/34 vOUCHER REGISTER E 7
OUE THRU............. O%/;1�;4
vyDuK NAME 'YEW [D.
* * pxEp4lD * *
ACCOUNT PROJ,TX'NO BATCH PO.LlN[mO. ENTR,/DUE {0i[E EEZ; AMOUNT DAT ------------------------------------------------------------------------------------------------------------------------------------
First Interstate Pamk Firstlnter
4OS��8
mm1'4��0'233 4 4O3ViB
Fi;- Mt Interstate �mk Fi��In��
m0l��1�-231O � 4V3 1C
First ��ersta e �mk Fi��lnter
Fleet Call
Fong, Lyma
Fr�tza}.
e: lee
0- 1200
FlerCall
2 4O301B
� 40301A
Fri tzalK
4 4O301F
"��sumi` 1 n 10�
CA -1 14 40301A
FLrukenC
4 �OJ�lB
02/22 03/01 10110
OTE Cubfor a GTE
��1'�O1'2i25 1 4030 C O3/01
Cit� ��iicaz�n=s
�mF'�zc3a" ari
Rs�z� E'o��svi
T'TAL n!1E VEmDOR ---------
F! L4armo y
T37AL -LrJE --------
T'-'7
---T3TDuE ---->
ZwAy F.-kio-'JE
/G�� �� VEND ---->
Fec'eatiori Refunl--�
rurAL :flUE VENDOR ---------
Taros for Parks
iDTAL PREPAID AMOUNT -->
TOTAL DUE VENDOR '------>
pecreation Refuno
TOTAL DU[ VEN-DOR----------
Re
)
Ret/DePos;it'HrtgCommCtr
TOTAL DUE VENDOR --------
Phone Svcs-Sycamre Cyn
TOTAL DU[ 'VENDOR ' ''-'->
82.16 �18/94 0000O2{�7
02/18/94
82.1�
0.00
59.C -C,
�.00
00.00
�^49
�.49
'UN TIME;
VOUCHER
REGISTER
DUE THRU............C8/;1�94
v�wuux NAM[
VWU8 lD.
ACCOUN�
PRGJ.TX-WO 8ATCH PO.L}NE�C.
ENTRY 'DUE
I�JF.'OICE]0v
* * rC * +
AMOUwT OAT[
------___----_----'-----_—_--_------_--_-----_------_--__---_-----
�TE Cal�for a
GTE
175
2 4,��C
TO,7H'L DUE VEwDOR --------
---
52.1O
���'4�1�-21��
1 40JS1C
CI
S2/22 V3/O1
Fhooe Svcs-Hrt'g Prk
51.75
�OTAL DUE VENDOR ---->
51.75
GTE California
CTE
4O3 1C
TOTAL DUE VEND0� --------
----^118'4
411::: - 4
1 40391C
V2/22 03/01
Pnne Svcs-C1���Lme
101.55
TOTAL DUEvEN�0 ---->
10.55
C,TF Califnrnia
JTE
V�s'Emer Pre
TOTAL DUE VENDOR'
0 /22 03101
102-37
ReCreiti,:M. R2fund
M
TOTAL DUE VENDOR ----}
8V.00
3raF�iti C-omtrol
5yst�e GrafltiCom
*'J:1'4555'5520
2
02/22 08/01
db0194
Jan Graffiti Removal
q4
.0o
TOTAL OU[ VENDOR '----'>
684.:0
Gra1nger
Grainger
4
5 40301C 01/17-91,
02/22 03/o1
444:@?5886
Park Supplies
70.71
r87 AL DUE VENDOP --------
---e
P
U.
1
Rer.eation Refund
35.00
TOTAL 'DUE VENDOR --------
35.00
�i'Tech esourc�s
�i�ech
4O0�C
�2/22 O3/01
2294
�e�~c~x Repairs
237.50
°O�1 4J9� ��@
� ��3('�[
O2/2 03,C1
2294
Network SuFtware
275.00
TOTAL DLL VEWOOK --------
5�2.50
WNTIME: V8'I'S
*^*
(1'2125/94
City
VOUCHER
REGI
TER
�� THRU.............O3/O!94
VENDOR NAME
VENDOR ID.
o +
_ACCOUMT____PPDJ.T/_N0_BA��_PD.LlNE/yO`__EVTR�JNE__����[E___?E���FrIOw___'________AMOuNT__[�TE____�C[%
Hof��rpr, 6her �e 1�a
J—/—��/32.IJ
7C -AL 0EVENDOR ---->
32.00
Home DepotHomeDe
ot
*001'4310'1�W
6 4��lC 07/i6I7
02�2
03/o1
��plies'��k�
112.�3
nN1'��0'1�N
7 4O3O C 08/G�7
02/22 O3/0
Suppbes-�r�s
93 51
*0�l-431J'22N
2 40J0lC O9/i��7
O2�2
O3/0�
Sup bes'��ge Prk
1O2'64
��1'4319'2210
1 40301C o5/i6i7^
' lieS�
�terso Prk
o�1'4�1'221VSLes'�ra��e
��1'444C'6100
� 403O1C Aw/1o�7
�:pp es'�merrr�
1�.32
TCTA� 'UE-- ---->
Hurl6mt, Gina
*00�'347S
9 4O3 iA
02/22
C�/o1
1�206
REs.-Eaboo Refund
l2.*)
TOTAL DUE VENDOK ----}
12.00
iCMA RetineWt
T/"st 457 lCMA
�V0�'211O-100702/22
Payroll Contrib30V'
O0
*VV1 4O3O'O080
1 4O3V1C
O2y22
V3/V�
CnnLract Co�
mtrih-gr-Mar
400' 00
'VO1 4O3S-O0Y0
1 4OSO�C
02/22
03/V1
Marcn Cafe Contrib'CMgr
1 01877
*CW1'4O40'O09O
1 4i�O/C
('2/22
V3�0�
MarcL CaFe Ccmtrib-CClk
`433'0Y
*��1'4O5[-0CPA
i 4V01[
02/22
03/01
March Cafe Contrib-Fin
l�1''34
*0C�'�21V'S�?�
1 ��O1C
O2/22
03/O1
March Cafe Cont -rib -Ping
534'74
*0�1 431O-009�
1 4O3O17
O2/22
O3/O1
MarchCafeContrib'Prk&Main
28357
5O'OO9O
1 4O3o�C
V2/22
O3/O1
March Cafe Concrib'CumS,c
'
230OO
40
March Cafe mtrib-Eogr
926'82
TOTAL DUE VENDOR '—'''''>
4.288.33
l�ge
lmageAware
^r�1'4V»5'�20�
4 40�%1C
02/23
03/S1
7z���
E��pl�es-City Pin�
Y63.43
TOTAL DUE �ENJOR ''''''''>
963.43
�mage IY �ys�ems
��c. Image 4Sys
4�0t[
0/�03IJ
JanCccyCharge-s-Konica
*vol'4OYV'2�0
3 [02/22
O3/Q
�26222
Jan Bae Chrg S,cs'Konica
1OB.0V
1,C�l'40195'�2O0
2 40O|C �1/172"�
02!�2
V3/0|
71421
Su�plies
��.43
+oV�'4Vf5'1��
-F 40��|�
��/23
03/V1
7142l
cornection
Y63.43-
PLINTIME: O8:0V2/25/94.OU�HER REC}STER
�E THR:...........�J'J T4
VENDOR NAME VENDOR 0.
c.
OUNT
AM
ImpreSsive lccreenwor'ro-s Impressive
Inland Valley Dlv BulleLn [vDB
!-4040-2115 4 4O3 iC
6Y -4210-4M52 40301C
m061- 4040 21�5 6 4V3V1C
*001-4040'2115 5 40301C
int 'l Business Equipment in8usEquip
C20I'4090-2100 2 41)301C
m01'4090-22OV 4 4030iC
Interna ionel ServLos In���vzce
Johnsm�, Nancy ���
o 78
�12 40301A
Jnrda . Juey �Q5
�@�-J478 l3 4O3V�A
��icial Data Systems JudDataSys
mw1'44U�405 l 4V3V C
��s �aroware ��sVl 174-
K�a�&A,;50Ciate,; I� Nobata&As
' - -----
TOTA� �� VENDOR ----> 5,n73.18
02/n0�
TOTAL D�Jt, VENDOR
02/22 0sreation Refund
�E VENDOR ----
L tions'��i 2N.6O
ITA �E VENDQR '----> 2lV.6O
02/l2 O -/O1 mi sr P. -pplies 5719.16
70rAL DUE VENDOR --------
L S
---LndS c z-eSP t Pr 1, 77'
_
TJTA DUE VENDOR ----
4�.1Y
Ni
C��
P���'�i��l���
45.00
UZ�� 0301
dc73f49
Pub�g-�� Y4'1,CUP94-1
90. 00
02/22 V3(;1
dc74�45
Bid�'CountrySewerProjert
45.0�
02/22 V3/V�
dc74166
AdYacancies'Comissioners
27.50
O2/22 Q/V�
dc
d'Pantera Park Wrkshp
35.00
TO AL DUE VENDU� --'''''>
242.50
O2/�2 O3/01
Feb Xerox Copy Charges
44O.46
V2/22 O3/o1
Feb /erox case Charge Svc
2G1.m)
TGTAL OL� VEmDOR ''' '--'}
721.46
' - -----
TOTA� �� VENDOR ----> 5,n73.18
02/n0�
TOTAL D�Jt, VENDOR
02/22 0sreation Refund
�E VENDOR ----
L tions'��i 2N.6O
ITA �E VENDQR '----> 2lV.6O
02/l2 O -/O1 mi sr P. -pplies 5719.16
70rAL DUE VENDOR --------
L S
---LndS c z-eSP t Pr 1, 77'
_
RUN 7I ME/08�zOC2/25/ -74
REG[S-ER
PAGE 11
............03/�i��
VENDOR NAME VEN0M �.
T____PFSJ.TX'NO-BATH_PO.LlNE��.________�[N____________AMOUNT__[
* * PREPAID » ^
_ACCQJ
TE____C�E]
�-1f'��� 1 403)1D
(��2
I1�� rrfcC tr�CalvChap1�/l9'31
3 �3 O7
441|'�4i
^
�1. F1'4414'�41Tr��trl—lvChap1/2-1/\9
3,O1114
TJrAL �� V[NDOK ---->
L.A. Cou ty�her/�;'s DeP �ACShe ��f
�Ao 70mtra t SVCS
��.r�.@'
TOTAL DUE VENDOR ---->
218995 3.16
L.A.Cuu ty w.blic »c'ks LACPcaWk
jam Trfc & Ligiit Ma/nt
1'4 4�.40
rJTAL DUE '/ENZOR ---->
1.443.40
L.A.Co:nty'Dis�. �Lt�nev L���st��
'oS�-����'��0 � 4VJO1�
��.�2 O3/O�
Lega1 Svc�-Property Mamc
2O.O3
rJ��
LA Cellular rM!epbne LACei�ui�,
Svcs'CMgr
122 2j
�w1'409O'2�5Svcs'Um
Oovt
3O'03
03/01
Cell �cs'Emer Pre
4364
TGTAL D1,1P VENDOR --------
---tyA9riC;-:l-!
+ v -'9r7C;-:1-!
�tG��r���l Svcs
�.43
7VTIAL DUE VENDOR ---->
79.43
L�� Pcwer Engin��s LG&[Power
*0O�'42l�-4240 1 40301O
O2/2397523.PO1677
Prof Svcs -IMM: Critique
4 477' 31
*h)1'421O 4240 2 4V3018
02/23 g/V1
9�_4,PO{�� Prof S�cs'l�F Trfc Analy
5`6YV88
*OO1-421O-4240 3 4V3V{O
O2/23 0/01
97525'P01679 Prof Svcs'lMRF Noise Anal
5'3V9'Y4
*OV� 421O-4��0 4 40,301D
O2/23 0/V1
97526,PO1680 Prof Svcs 7MF,F Air Qualty
5`485'VO
TUTAL DUE VENDOR --'--'>
2V.96�.13
Landscape West LandscapeW
^141'4541-5500 1 403611) 15/1575
02/22 .0- '01
012457 Jan LandscappMaint-Dist41
3,336.85
rGTAL L'I'LIE VENDOR ''''''''>
3,336.85
.INTIME; 02/25jt94 �,�g�CHER REJSTER
DUE THRU.........
.'�3�l��
VENDOR NAME Y8W ID.
ACC0UNTPROJ.TX-N0 BATCH PU.LINE/N0. ENTRY/0� Iw�ICE �E�7IPT�[� AMOUNT
_____
-------------------------------------------------------'
Le',ght-oil and I-sscciates Lei�t�
4O���
�*l'220O'10�� 2
4,J 1D
and Assoc1,1*2s L Ez���
§!0l-47=1-5221
L�zal Government Loc3ovCom
Los Angeles Count, �CInt��
M.EinStreEt Tours MainStrect
-5310 4-11
*112-436V'53�O 1 4030/D
Martin & Chapman Co. Mar in&Cha
M1n. Sung MinSung
�01�3�0-10�0 1 40300
,cbil
z'Eh0 2�
20 10
4 40361D
�'JI'431O'231O
3 �03O�D
4090-231O
1 4�Q1D
403)1D
�0l'42l0'22VV
1 4030zD
�w1'4310'23@
1 4O3��C
��l-431V'2J10
2 4030 IO
z'Eh0 2�
OF Ergr Svcs'�R4'�7
1oO.iO
TCT�L DUE VpjrOR
V2/l3
Svcs'TR4785O Litigtn
1,723.4O
TOTAL DUE VENDOR ---- >
1.7".40
0�/22 03/01
L��onf3/18-2V-DeStefano
197.00 02/18-94 000OO21481
TOTAL FREPAID AMOUNT --}
197.0V
TOTAL IIIE VENDOR ----}
0.30
llc--- Pager DV Cs
113.30
TOT' �E YENDOR ---->
113.30
2/c
0Z/22 03/Vi
2V766
Prop 2/5
4 0.O0
T[U."IL DUE VENDOR--------
02/22 03/O1
9411O
5 Minute BoukS'CCik
545.l8
TOTAL DUE VENDOR ---->
545.18
OO
TOTAL J -)UE VENDOR ---->
4, 9731.,00
0222 03/O�
k01Y476
Rel'Prk & Rec
311.14
�01
�.50
l954�
el -Gen Gov
O2�� S3/01
k0�Y569
Eel�e Sov
14.10
03/0
kO8945 �
��icle Ma�n�'Plng Tru k
89.17
03�1
kV--
F�i'P-, & 6=-
=-Fuei-Frk
P -.0 e i f 1.& Rec
32.00
�EN��-- ---->
��.��
of D�amopg
VOCCHER RE�
LDUE THRU.............�8@��m
VEwDOR �4ME VENDOR lD.
* ^ ��,�'�
o�:uuwr____PR�J.TXN0_BATCH_PO.LlN[�0.__ENTRY/D�E__I��[CE___2ESCRIPT�JN____________AMOUNT__D�T ___—C�E�
Mon gome-/' Mic�el !Mongomer
4�l2
j 4 21-4,.'! 2l l� 403O/D 02�3 OJ/0l
Mnos & Sons Eisctr:c Moose&Sons
Myers Widders MverWioner
ryers, Bi",�rs
*:*142lO-u22 u 4C3O|D
41"40'4OOV 2 4O30lD
Re,rogr
0C8Hmyrogr
*�50'43i{-6415 ����
9 4V301C 05/1637
403 IC 08/1637
^^�w'�J
4 301 04/1637
(w5?4
7 403VlC V3/1637
*250-43��-64�5 �65Y4
!1 40OzC O7/1637
�65?4
14 4C�u1C
z250'431S'6415 06594
13 403S1C O9/1637
V6594
3*iC 1/1637
02/23 O3/ 1 94O804
c)::, A)1 �0
02/22 VJ/ 1 7309�0
2 22 7312`4
02'12-2 0:3,101 7315 - -
V2�24
03/O1 732o6
-A1��
J2/22 63/O1 742172
V2/22 C3,�1 74319�
02/22 03/0l 747472
Jm�±o��rczs
Lal Ss-JOB A��
Lg: S,cs-Ca yz� 7nn
m*Mee-��
77-7.2i DUE VEV-0-1
TOTAL DUE VENDOR ----------
i ec.31
--->
Lecal Svc 'nrdinance 4
TOTAL DUE VENDOR --------
M17
---
M1r Sec,ptary
Min Secretary -OCncl
Ill- --mcretary ' P. -PT 1/27
TODUEVENDOR ---''>
Comm Ctr
R-m--reation Re;unc
TO -AL DUE VENDOR ---->
Frtg Svos-Pa tera Prk
prtg5v �'�mteroPrk'CrMem
prtg Svcs-Panttra Prk
Prtg Svcs'Paotera Prk
Pr'LgSvcs'PanteraPrk-CrMem
PrtgS/cs'Rmter���
pr�gSvcs-PanteraPrk
PrtgS,:s'PanteraPrk
Prtq Svcs-Pantera Prk
4J.YJ
43.00
F,'_JN T[MP V8-18
U C H E
DUE THRU.............J3/�z/94
VENDOR NAME
VENDOR !D.
Y/CUE__��O1 E___OE6
RIF��D%____________AMOUNT__DArE____CH[�
_ocCuun/____PRCJ.TX�0_BATCH_PO.L�E/NO,__ENT
Pascua, Alan
PascLit EIA
^Yzl'��'10�
5 �01I
0~— 0�1
F�; _-orwm -1tr
TOTAL DUE VENDOR --------
---PayroU
PayrollTransRer
Payro�l-.r
17�
1 ��OlD
O2�2 03/ 1
Payroll Tra sfer PP 3
44,700.0
TOTAL PREPAID AMOUNT -->
44'70N.00
TOTAL DUE VENDOR ---->
0.03
Pomona judicial District
PomJudDisc
m0l'3223
1 4ri 30 0
O2/22
Jam Prkg Violation--Violation--415
Cm
�0F3223
2 40��D
O2/22 03/ �
Prig �Violati�s
L�'N)
TDTAL DUE VENDOR --------
---romona
PomonaValley Huma e
Soo. PYHS
*061'4431-54O3
4�*11., V5/1�14
O2/22 O3/Ol
Feb Animal ' mtro} Svcs
TOTAL DU[ YE.NWR --'-''>
4.152.17
Po�ma VlPomon. a�ly
»|i2 4360'5315
1 4�3��D
O2/22 V3/O1
Dec Holiday Shuttle Svcs
21.637.95
TOTAL DUE VENDOR --'''-''>
21.637.95
Pomona, C�ty oF
Pomo�aN�r
e01'455 '2126
2 4�01D
VL/LZ
Water Usage -60 Fwy ProJ2�
39
*NJ1'4556 2126
3 40,31'.1Do2/22
03/Ol
Wazer Usage'60 Fwy Proj
2Y3'y2
TOTAL DUE VENOOR ''''''''}
5O2'31
Po�taqe By Phone
Pc�tByPhon
2V
5 4O3010
O2/22 03/01
Postage Replenis�.ment
1,500.01)
TOTAL DUE VENDOR '-'''''->
1,500.V0
Pubc p] Retzreme�
PERS
4CIF
-cmtPB
2
-Z /q4 OmC,0214-`
mw1'2110'1��
2 403 1F47
02 22 O3/ 1
���mtPP3
2'��'7V
O2/15�� 0O00O21
TuTiIL FR[PAlD AMOLNT -->
5.60.36
TOTAL DUE VENDOR ---->
O.00
V.�1'45��211O
4 �O3}1E
32/22 �J/ 1 1036u
Vei|um
14 O9
�01�5l��11O
13*29
Spe d,iansSe�er
��'09
��1'451V-2 1O O58Y4
3 4C3�lE
V2�� O3/ 1 l3504
S'12 e --- c la��ewer
o5894
2 4�301E
O2/22 VJ/01 1350O
Spec —� lansSewer
��`20
774L �� VENDOR ---->
2.�O.71
RUN TIME: 08:18 02/254 0 a
/fn�J HR.F,,. -TER
-=E............
VENDOR, NAME VEMIOR ID. � 4 PREPAID
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO, E'.;Tcv ;;JE F'TPT*
-� AMOUNT DATE
---------------------------------------------------------------------------------
RJM Design RJMDesign
*250-4310-6.415 06694 21 403013
*'5:`4310-6415 (&34 1'? 40'.013
4250-4310-6415 0204 17 40301D 01!'71_• I
5 6-4310-6415 08744 18 40:3013
*250-4310-6.415 01-994 21 40301D 04/171Q 12,;/01 1, 0-7
Rana, Lata 1034
::47=' 2 401O1A ii' ... �'• �1 .-- _
Regents of the University RegentUCLA
#001-4210-2340 2 4Q01F 01/1760 02/22 t?_ O1
Regents of the University RegentUCLA
*001-4210-2340 4 40301F 02!1760 02122
Robert Driver Ins Co. RobDrive
#i:11 -231x3-1004 1 40301F
Powers, Robert 10:?3
4(1r31-3478 1 46301A 021222 03/011 <0-
16
Rose, Bobby Rosea
#1101-s_:1 _;-23:30 1 40301F 02/22 0:
Rutan & Tucker RutanTuck:r
t1i'?i-4020-4021 9 401301D 0.- ,'''-'
*001-4020-4021 10 40301D 02/22 03/01
w-uteiill :cnlc ,,ie.ter
P --tern Park -Picnic Shitr
4a) 1
4-dge-Gazebo
35(), 010
Prof Svcs-Pantera Prk:
3 rti4,46
?_TAL P'•_E 'VENDOR --------)
; F.?'?,46
Recreatioi Refund
TOTAL DUE VENDOR --------)
29.:_i0
Conf-Map Act - Lurigu
2115,00
02/08/94 0000021467
TOTAL PREPAID AMOUNT ----)
2t15, k�
TOTAL DUE VENDOR --------1
0.00
Coni` - Mit Env -Searcy
205.00
02/08/;4 W00021460
TOTAL PREPAID AMOUNT ----
2015.00
TOTAL DUE VENDOR --------}
0. (h)
SpEventlns-Jan94
170.Of)
02/15/94 00000214722
TOTAL PREPAID AMOUNT ----)
173.00
TOTAL DUE VENDOR --------}
0.0i3
Recreation Refund
57.00
'UE vENLNJF'--------
TTA'!
57.CIi1
CPRSCcnfReim2/3-2/5
54.Orl
02/15/94 0(}')(02147()
TOTAL PREPAID AMOUNT ----,
54.00
TOTAL DUE VENDOR --------)
0.00
Spec Legal Svcs -DBA -Jan
13,042.80
Andrsn vs Burgess -Jan
1,314.00
T .mL DUE VENDOR --------)
1 ,362.3')
J�ama�c 8ar **^
�T]ME�O6[S02/25/f4 vCUCHE
�9 RE�ISTER
jE THRU.............03/O1��
VENDOR NAME
VENDOR lD.
�00 '431V -21l5
2 40301E
_ACCOUNT____PROJ.TX_NO_8ATCH_PO.L@E�0.
---------------------��------------------------------------------'------------------------'
ENTRv/DUE ���lCE DESCRIPTION
AMOUNT * * pREPA D * +
ATE
S.G. Valley �m c; Cities SGVAsn�ity
�01�4�V'2J25 I 403 1F
&Associa-Es SaffiPeErc_
*Z�O'4310'6415 061`94 2 4V3V1E
�m Gabr�el Valle/ SCVMGA
s0l'wY�'2395 \ 403 1F
Im rie} Yly
Tre SGVT ibune
�00 '431V -21l5
2 40301E
�N1'404V 21i5
3 4O3�1E
001-4"1O-2115
403 1E
�0�'�21O-2U5
1 403O1E
�01'4V4�'2115
1 4O3 D 1E
��1-4V4V'2115
2 403 iE
Shah, Yogi
ij01'3478 N 4`310i
Siecke' Warren C. SieckeW
��{'�553'5222 1 4030lE
2 �01 E
Sir Sppe y Si,Speed
wm1'4OlO-2�10 1 4O3OlE 04/l7 /-.4
o0uthEmLaGas Co
�2/22 ;3/0� Me��g�/17'Ansoripapen 3V.00 �y1b/94 0OOOO�/47o
J'OTAL PREPAID AMOUNT --> 3V.00
TOTAL DUE VENDOR ----'> V.(W
02l 22 V3/ 1
O25998
FroFLVcs'Jar-Famt-ra
12.00
TOTAL DUE VENDOR --------
'---24
12.00
24O3/0l
Two Full Page Ads
3P*.00 03/01/94 V00002147.3
��20�1
31�'>2
TOTAL PREPAID AMOUNT '' >
��.VO
V2�2 O3/01
3131'9
TOTAL DUE VENDOR '''''' '>
0.00
02/22 O3/01
O9475
Ad-PanteraParkWorkshop
44,84
02/22 03/O�
�V678
NotPubHry BldgCmde#Y9
47.79
02/22 03/01
1186;':
Ad-PanteraPark
79.06
02/22 O3/O1
23374
PubHrgCUP04 1/A8R94'1
95.58
02/22 03/0l
28046
Nnt738idders-Sewer
31.86
02/22 03/V1
2,8249
NotDFVacan'Commissions
52.51
02l 22 V3/ 1
KN81
Recreation Refund
12.00
TOTAL DUE VENDOR ---->
12.00
'rafBn9Svc-U8&M nLaurel
465.00
��20�1
31�'>2
�a�i��-���n&��h
532.�O
V2�2 O3/01
3131'9
TrafSigLries'DIE&Shad/FtnSpr
2,500.00
TOTAL ICE VENDOR --------
3.497.50
0��22 03/O{
�335�
Copy3.c'FranchiseAqrep
58.35
0|
i5V7�
Supplies -Envelopes
178.22
TOTAL DUE VBv0]R --------
236.57
32/22 33!o�
Ga�Sv--Heritage
997.58
TOTAL DU[ VENDO� ''''-- >
YY7.58
PUN TIME: 08:18 02/225,/,114 it - - TDUE HP!
VENDOR NAME VENDOR ID.
ACCOUNT FRCJ.TC-NO BATCH PO.LINE/NO, ErT;;D'�
-----------------
___ ______ _____________ __ _____________________________________________..____..
-o:ther-r: Ca. Ed:__c SoCaEdiz-on
401301E
Southern Ca. Edison SoC-aEdison
*i41-45'41-2126 1 40301E 0Y/2 ;i1
Southern Ca. Edison SoCaEdison
4 ;?-4'-'a-2 1E
1'= -- X1_6 1 4i):3i)
Southern Ca. Edison SoCaEdison
*001-4555-2126 1 403301E 02/22 0/01
Southern Ca. Edison SoCaEdi5on
# iiil-4 11- 126 1 40atIt 0
J'1L1
26 2 401301E 02,'22 Oai"C1
1 µ: :,
±Fvj1-._.--212F: 1 40301E /2 O1 40-201Ej
-212=
Southland Surfacing Southland
*250-4310-6415 07694 4 40501E 71;'1757
Southland Surfacing Southland
*70-410-6415 07604 6 40301F 01/1757
Lardard Insurance of Ore StandardIn
_: i 110-10 j5 1 4i)R,1 ;
_trc*econ Inc. Stratecon
02/22 0:3/01 1:34:3
TOTAL DUE VENDOR
E1eCS'rC441
T 1TAL DUE VENDOF'----------
E1er_S'vc#:'
20;,95
TOTAL DUE VENDOR --------r
20-3, .'7'5
TrafficCntlavcs
3 OP ^',
TOTAL DUE VENDOR --------)
049...'S
E1eC;;vC-F'a! 1Orow
�-,21
EiecSvc-Heritage
781.5:;
EleC '._-Fetersur:
66..4
E1eccvc-cuimmitrIIge
X05,5
Eec�;. ,c-SyCa. 40.reC0yn
TOTAL DUE VENDOR --------,
430.._
Rp- sL r f C -r ts-MapleHi11
4 ?5i;,(0
TOTAL DUE VENDOR --------
Lo:: 1, -Sur -F ---°ark
TOTAL PREPAID AMOUNT ----
x,''00.00
TOTAL DUE 'VENDOR --------t
_i_p 1 Life 111,s
1'...T.
.
70TH r
�-.
^+* C�ty o� 71 TT 8ar ^*^
��TIME: 08�|8V2/25�4 VOUCHER RESlSTER
DUE THRU.............O3/O1�4
vEmuuR uAM[ VEND0K ID.
* * PRE7AID * /
_ACCDUNT______
PROJ.TX�0BATCH PO.LINE�l�
0. ENTRY/D0� OlCE DESCRIPTION AMOUNT DATE CHE�
---------------------------------------------------------------------------------------------'
Subway Subway
421O -u220 3 o03 1F 02�2 03/ 1 GPACM gSupp\ies 41.50 02/18�� O00: 2�46l
TOTAL PREPAID AMOUNT --> 41.50
TOTAL DUE VENDOR '''''-'-> V.00
rhompazn. Jack ThompsomJ
4-* (JI 7 40,�,*l[ 01/1695 O2/22 V3/01 45492
Ta»k3,415 6OFwv Pr~i r .m_o o:
-
430l0V 0
Ei
m
eO
ut
lime Out Personnel Svc,
U.S. Postmaster
e
!
3 z 44O�3]01T1E
USPostmstr
JMH` G��nee ing Irc MUAEngrg
2
Unocal Unocal
\ 403301E
�
UryD
�es e: Ves ex
DUE VENDOR ----> 2,36g.00
o2/���1 �10� R���ffice�lp 12`-3.7 2
TOTAL
DUE V8�OR ----> 122.72
C, 22 League Mtg ' Harmony 20,00 02Y15/94 000002 175
TOTAL PREPAID AMOUNT --> 20.00
TOTAL [ILE VENDOR -'''''''> 1). 00
ELI kPermRenewel#339 '75. 00
TOTAL DUE VENDOR ''--'--> 75.00
02/22 03/01 4463R Fi/RteTranDevSys l'767.88
TOTAL DUE VENDOR -' > 1.767.88
021212 03/01 199293 Fue}'CMar 21.82
TOTAL DUE VENDOR -----'-> 2l.82
V2/22 03/O1 T&TMtg-2/10/94 4O.00
rCTAL DUE VENDOR -------- 4O.00
O2/�2 9402O1 T��@sSvc 1/21 2/4 9,30. 010
TOTAL DUE VENDOR -------- 930.08
TOTAL
x C ''y
c f Ii 1 a
m o r� E a r * 3 4
RUN TIME: 08:1S Ut-/
5"94
r' O U C
H E F, R
E "u I i t o
r:1iiE i?
DUETHR. ..............
' ' 011 !34
VENDOR NAME
VENDOR ID.
ACCOUNT PRCJ.TX-NO BATCH PO.LINE/NO.
-----------------------------------------------------------------------------------------------
ENTPY'DUE
t _=
DECRI TIO+N
AMOUNT DATE
Waldie., Larry
WaldieLarr
C1-4411-__5
i 4t:'::'lE
1
Sheriff Team .'1t /`1/'a4
121.7
TOTAL DUE UUR "F"�rn� ________
._:'t
7�
iL.1.. J
Walnut 71y Water
.._, WVWaterDls
- !=r:'i
Water�v,_-:,:Fry-En'JEnhane
._.. _
TOTAL INE 'VENDOR --------}
58.7;
West Coast Arboris'
Inc. WCArbor
#001-4555-5509
1 4001E
t:!' r: ' on/o'•
EmergTreervc
2(yi.0)
*{)r11.45C5-5569
2 4U:=*!1E
.. 51
��.
TreeTrim,'StumpRem
750.Oi�
TOTAL DUE VENDOR --------}
950.00
West Covina, City
cf CityWesCov
*118-4091-400)
1 40301E
02122 03/01
11425
IWMJPAAirQualProj
6,461.00
TOTAL DUE VENDOR --------}
West Publishing Co. WestPub
1-4cj:;�G-2-320
1 40.0-1E
02/22 0-3/01
71-294-569
CACodePublications
73.12
TOTAL :UE VENDOR --------7
73.12
4 40:j E 71
Ot, _ i3 s1
RetainerCase*014266
??.0+4_%
?')1-4:20-4I!'21
5 40301Eir2;`L2
03i(J1
CORRECTION .
?
0)1-4020-4021
6 40301E
02/22 03/01
RetainerCasW.014266,
9 999.99
TOTAL DUE VENDOR --------1
9,999.99
Wright, Paul
WrightP
1 40301E
0: <2,
150. DO
TOTAL DUE VENDOR --------}
150.00
Wu, Meinta
1036
1-34;:
4 40301A
0222 03;01
tiii;_,'
Recreation Refund
?4.00
TOTAL INE VENDOR -------->
34.00
Yosemite Waters
YosemWater
#(ilii -431i!-1201
: 4t:'(1
--'��'r� •:����
%2/�< 03,/0,
C5527
DE_5 f-270
Water-:SycCnynP'ark
.0010,/0. .0
2� 5
',TAL DUE VENDOR --------?
29.05
"'^ Ci,y �Z ��amono Ber *^*
RUN TIME: V8:18O2/25/YuVOUC�ER REGlSTER PAGE �O
DUE THF .........
'VENDOR NAME VBM)8K ID. * * PREPAID * *
*CC0N'��.�-���HPO.LlNE��. �7Y,'D���� ��
______________________________________________________________________
TOT�! PREPAID ------> 58.35"i.77
|ur:L DUE --------> 584,40'.2O
. y
RUN T;ME O U' H E R - = T E FAucI
FUND SUMMARY REPORT
HUE THRU.........:::.''' 11;'
DISBlJRSE G L =:I TILL POST G_IE HAS POSTED FUTURE TRANSACTTONS
FUND TOTAL DIRECT PAYRE' ENi.;E E:XFENSE RE'.ENii� EXPENSE REVENUE EXPENSE
-----------------------------------------------------------------------------------------------------------------------------------
170 LLH #' Fund
r:
1.c. LLAT: #_' Fun:
125 COSG Fure
c .}
'_ 141Ste M4T . h
L'l'+7. T p^d
1" A�.r Dual ;I. -
'41 �L,ir #Y: ;Cund r
112 Fro: A -Tr_^_:*_ F
TOTAL
ALL FUNDIS
------------------------------------------------------------------------------------------------
::'t: - - - ..� 1 147,1)(1 cpi ;cr:.4-
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and City Council
MEETING DATE: March 1, 1994 REPORT DATE: February 22, 1994
FROM: Linda G. Magnuson Accounting Manager
TITLE:
Treasurer's Report January 31, 1994
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of January 1994.
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:
Terre ce L. B anger Frank M. Usher Linda G. M&cPAuson
City Manager Assistant City Manager Accounting Vanager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 1, 1994
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - January 31, 1994
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 January, 1994 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 January 1994. 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
January 31, 1994
GENERAL FUND
$4,733,894.43
$745,228.31
$771,433.47
($51,814.21)
$4,655,875.06
TRAFFIC SAFETY FUND
7,578.99
9,158.08
16,737.07
GAS TAX FUND
2,700,102.42
29,737.07
1,014.67
(364,532.39)
2,364,292.23
TRANSIT TX (PROP A) FD
672,775.58
93,936.12
6,189.79
760,521.91
TRANSIT TX (PROP C) FD
1,064,415.38
49,433.53
1,113,848.91
INTEGRATED WASTE MGT FD
31,614.69
6,851.53
3,696.56
34,769.66
AIR QUALITY IMPRVMNT FD
47,254.86
460.29
851.28
46,863.87
STATE PARK GRANT FUND
0.00
0.00
PARK FEES FUND
190,224.76
2,008.28
192,233.04
S PARKS GRANT (PRP A) FD
(2,461.78)
(4,264.13)
(6,725.91)
COM DEV BLOCK GRANT FC
(24,141.27)
29,948.00
31,990.31
(60.93)
(26,244.51)
LANDSCAPE DIST #38 FD
202,599.86
33,955.22
9,864.14
226,690.94
LANDSCAPE DIST #39 FD
73,327.58
9,879.98
9,533.98
73,673.58
LANDSCAPE DIST #41 FD
130,557.53
13,358.66
15,005.87
128,910.32
GRAND AV CONST FUND
426,186.08
1,339.34
424,846.74
TRAFFIC MITIGATION FEE FD
0.00
302,419.09
302,419.09
0.00
CAP IMPROVEMENT PRJ FD
102,395.00
165.10
138,252.57
138,252.57
102,560.10
SB 821 FUND
SELF INSURANCE FUND
157,921.53
380,761.00
1,667.23
4,016.20
2,643.00
(20,000.00)
139,588.76
TOTALS
$10,895,008.84
$1,029,803.80
$1,294,234.27
$0.00
382,134.20
$10,630,575.9-7
SUMMARY OF CASH
DEMAND DEPOSITS:
INVESTMENTS:
GENERAL ACCOUNT $262,143.54
PAYROLL ACCOUNT 1,150.81
CHANGE FUND 100.00
PETTY CASH ACCOUNT 500.00
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES $0.00
COMMERCIAL PAPER 0.00
L.A.I.F. 10,366,681.62
TOTAL INVESTMENTS
$263,894.35
10.366.681.62
TOTAL CASH $10,630,575.97
CITY OF DIAMOND BAR -7
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 1, 1994 REPORT DATE: February 23, 1994
FROM: George A. Wentz, Interim City Engineer
TITLE: Traffic Signals Construction on Diamond Bar Boulevard at Fountain
Springs Drive and Shadow Canyon Drive.
SUMMARY: The Diamond Bar Boulevard at Fountain Springs Drive and Shadow
Canyon Drive intersections have been identified and warranted for traffic
signals. At this time, plans and specifications for the project have been
prepared.
RECOMMENDATION: It is recommended that the City Council adopt the attached
Resolution to approve the plans and specifications for the Traffic Signals
Construction on Diamond Bar Boulevard at Fountain Springs Drive and Shadow
Canyon Drive and authorize the City Clerk to advertise the project for bids.
LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification
X Resolution X Bid Specifications (on file in
City Clerk's Office)
— Ordinances(s) _ Other:
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed Yes X No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? Yes X No
4. Has the report been reviewed by a Commission? X Yes No
Which Commission? Traffic & Transportation Comm.
5. Are other departments affected by the report? Yes X No
Report discussed with the following affected
departments:
REVIEWED BY:
11 AUIV,
Ter ence L. B nger
City Manager
Frank M. Usher Gerge A. W nt
Assistant City Manager In erim City ngineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 1, 1994
TO: Honorable Mayor and Members of the City Council
FROM: George A. Wentz, Interim City Engineer
SUBJECT: Traffic Signals Construction on Diamond Bar
Boulevard at Fountain Springs Drive and Shadow
Canyon Drive
ISSUE STATEMENT
To construct traffic signals on Diamond Bar Boulevard at Fountain
Springs Drive and Shadow Canyon Drive.
I_�! DhNljlcel�l
It is recommended that the City Council adopt the attached
Resolution to approve the plans and specifications for the Traffic
Signals Construction on Diamond Bar Boulevard at Fountain Springs
Drive and Shadow Canyon Drive and authorize the City Clerk to
advertise the project for bids.
FINANCIAL SUMMARY
The engineer's estimate for said project is $146,000, excluding any
contingencies. The toal allocated project budget is $165,000 of
Gas Tax Fund and $25,000 Developer's fee.
BACKGROUND/DISCUSSION
In order to maintain the ability to effectively accommodate the
existing and future traffic circulation on Diamond Bar Boulevard,
the City has identified and conducted a warrant study for the
construction of traffic signal improvements at the subject
location.
Plans and specifications for the project have been prepared. Key
aspects of requirements placed upon the contractor includes:
* Plan and schedule to be submitted at least fourteen (14)
calendar days before start of work.
* Traffic control plans.
* Notification to utility owners and other public agencies.
* Completion of all work within eighty (80) calendar days.
* Liquidated damages of $250/day for non-performance.
All customary insurance and bonds have been included. Staff has
prepared a tentative schedule for the various project activities.
They are as follows:
Diamond Bar Boulevard/Fountain Springs Drive/Shadow Canyon Drive
March 1, 1994
Page Two
Plans and specifications to City Council
for approval and authorize City Clerk to
advertise for bids
Bid opening
Award of Contract
Notice to Proceed/Procure
Start of Construction
Completion of Construction
Prepared By:
David G. Liu
March 1, 1994
March 22, 1994
April 5, 1994
April 6, 1994
June 6, 1994
August 26, 1994
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT
DIAMOND BAR BOULEVARD AND FOUNTAIN SPRINGS ROAD
AND AT DIAMOND BAR BOULEVARD AND SHADOW CANYON
DRIVE IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to
construct certain improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented to the City of Diamond Bar be and are hereby
approved as the specifications for Traffic Signal Construction at
Diamond Bar Boulevard and Shadow Canyon Drive and Diamond Bar
Boulevard and Fountain Springs Road.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized
and directed to advertise as required by law for the receipt of
sealed bids or proposals for doing of the work specified in the
aforesaid plans and specifications, which said advertisement shall
be substantially in the following words and figures, to wit:
"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 2:00 o'clock P.M. on the 22nd day of March, 1994,
sealed bids or proposals for the Traffic, Signal Construction at
Diamond Bar Boulevard and Fountain Springs Road and Diamond Bar
Boulevard and Shadow Canyon Drive in said City.
Bids will be opened and publicly read immediately in the office
of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar,
California.
Bids must be made on a form provided for the purpose, addressed
to the City of Diamond Bar, California, marked, "Bid for Traffic
Signal Construction at Diamond Bar Boulevard and Fountain Springs
Page 1
Road and Diamond Bar Boulevard and Shadow Canyon Drive"..
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, 91765-4177, and are available to any interested party on
request. The Contracting Agency also shall cause a copy of such
determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of Diamond
Bar, not more than 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 herein before stipulated for any work done
under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
In accordance with the provisions of Section 1777.5 of the Labor
Code as amended by Chapter 971. Statutes of 1939, and in accordance
with the regulations of the California Apprenticeship Council,
properly indentured apprentices may be employed in the prosecution
of the work.
Attention is directed to the provisions in Sections 1777.5 and
1777.6 of the Labor Code concerning the employment of apprentices by
the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The certificate
will also fix the ratio of apprentices to journeymen that will be
used in the performance of the contract. The ratio of apprentices to
journeymen in such cases shall not be less than one to five except:
A. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of 15
percent in the 90 days prior to the request for cer-
tificate, or
B. When the number of apprentices in training in the area exceeds a
ratio of one to five, or
Page 2
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 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.
D. When the Contractor provides evidence that he employs
registered apprentices on all of his contracts on an
annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if
he employs registered apprentices or journeymen in any
apprenticeable trade on such contracts and if other Contractors
on the Public works site are making such contributions.
The Contractor and subcontractor under him shall comply with
the requirements of Sections 1777.5 and 1777.6 in the employment of
apprentices. Information relative to apprenticeship standards,
wage schedules, and other requirements may be obtained from the
Director of Industrial Relations, ex- officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Eight ( 8 ) hours of labor shall constitute a legal day's work for
all workmen employed in the execution of this contract and the
Contractor and any subcontractor under him shall employ with and be
governed by the laws of the State of California having to do with
working hours as set forth in Division 2, Part 7, Chapter 1, Article 3
of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City of
Diamond Bar, 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 herein before
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
Page 3
Diamond Bar for an amount equal to at least ten percent (10%) of
the amount of said bid as a guarantee that the bidder will enter into
the proposed contract if the same is awarded to him, and in event of
failure to enter into such contract said cash, cashier's check,
certified check, or bond shall become the property of the City of
Diamond Bar.
If the City of Diamond Bar awards the contract to the next
lowest bidder, the amount of the lowest bidder's security shall be
applied by the City of Diamond Bar to the difference between the low
bid and the second lowest bid, and the surplus, if any, shall be
returned to the lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be one hundred
percent (100%) of the contract price thereof, and an additional bond
in an amount equal to one hundred percent (100%) of the contract price
for said work shall be given to secure the payment of claims for any
materials or supplies furnished for the performance of the work
contracted to be done by the Contractor, or any work or labor of any
kind done thereon, and the Contractor will also be required to
furnish a certificate that he carries compensation insurance
covering his employees upon work to be done under contract which may
be entered into between him and the said City of Diamond Bar for the
construction of said work.
No proposal will be considered from a Contractor who is not
licensed as a Class A and/or C-10 contractor at time of bid in
accordance with the provisions of the Contractor's License Law
(California Business and Professions Code, Section 7000 et seq.) and
rules and regulations adopted pursuant thereto or to whom a proposal
form has not been issued by the City 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 $15.00, said $15.00 is
nonrefundable.
Upon written request by the bidder, copies of the plans and
specifications will be mailed when said request is accompanied by
payment stipulated above, together with an additional non
reimbursable payment of $5.00 to cover the cost of mailing charges
and overhead.
The successful bidder will be required to enter into a contract
satisfactory to the City of Diamond Bar.
Page 4
In accordance with the requirements of Section 93 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 Engineer's Estimate for this project is $145,778.00.
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 1st day of March, 1994.
PASSED, ADOPTED and APPROVED by the City Council of the City of
Diamond Bar, California, this 1st day of March, 1994.
ATTEST:
City Clerk
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar,
California, do hereby certify that the foregoing Resolution was duly
and regularly passed and adopted by the Council of the City of
Diamond Bar, California, at its regular meeting held on the 1st day
of March, 1994, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar, California
Page 5
CITY OF DIAMOND BAR
STATE OF CALIFORNIA
SPECIFICATIONS
FOR
TRAFFIC SIGNAL CONSTRUCTION AT
DIAMOND BAR BOULEVARD AND FOUNTAIN SPRINGS ROAD
DIAMOND BAR BOULEVARD AND SHADOW CANYON DRIVE
IN THE CITY OF DIAMOND BAR
GEORGE A. WENTZ
DIRECTOR OF PUBLIC WORKS
The City Clerk of the City of Diamond Bar, California will receive at
her office in the City Hall in said City, until 2:00 pm on March 22,
1994, sealed proposals for the performance of the above described
services.
CITY OF DIAMOND BAR
Gary H. Werner, Mayor
Clair W. Harmony, Mayor Pro Tem
Eileen R. Ansari, Councilmember
Gary G. Miller, Councilmember
Phyllis E. Papen, Councilmember
Terrence L. Belanger, City Manager
SPECIFICATIONS
FOR
TRAFFIC SIGNAL CONSTRUCTION AT
DIAMOND BAR BOULEVARD AND FOUNTAIN SPRINGS ROAD
DIAMOND BAR BOULEVARD AND SHADOW CANYON DRIVE
IN THE CITY OF DIAMOND BAR
PREPARED BY
WARREN C. SIECKE
TRANSPORTATION AND TRAFFIC ENGINEERING
20142 CANYON DRIVE
YORBA LINDA, CA. 92686
(7 14 ) 970-6247
Page i
TABLE OF CONTENTS
Item
Page
NOTICE INVITING SEALED BIDS ......... .........1 - 5
..............
INFORMATION FOR BIDDERS....................................6 - 13
BIDDER'S PROPOSAL........................................14 - 18
CONTRACTOR'S INDUSTRIAL SAFETY RECORD .........................19
LIST OF SYMBOLS AND ABBREVIATIONS .............................20
SUBCONTRACTORS LIST...........................................21
AFFIDAVIT FOR COPARTNERSHIP FIRM..............................22
AFFIDAVIT FOR CORPORATION....................................23
AFFIDAVIT FOR INDIVIDUAL BIDDER .......... ........24
AFFIDAVIT FOR JOINT VENTURE .............
FAITHFUL PERFORMANCE BOND............ .......26 - 27
..............
LABOR AND MATERIAL BOND...................................28 - 29
BIDDER'S BOND............................................30 - 31
AGREEMENT...............................................32 -39
TECHNICAL SPECIAL PROVISIONS..............................40 - 50
Page ii
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT
DIAMOND BAR BOULEVARD AND FOUNTAIN SPRINGS ROAD
AND AT DIAMOND BAR BOULEVARD AND SHADOW CANYON
DRIVE IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS.
WHEREAS, it is the intention Or the City of Diamond Bar to
construct certain improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented to the City of Diamond Bar be and are hereby
approved as the specifications for Traffic Signal Construction at
Diamond Bar Boulevard and Shadow Canyon Drive and Diamond Bar
Boulevard and Fountain Springs Road.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized
and directed to advertise as required by law for the receipt of
sealed bids or proposals for doing of the work specified in the
aforesaid plans and specifications, which said advertisement shall
be substantially in the following words and figures, to wit:
"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 2:00 o'clock P.M. on the 22nd day of March, 1994,
sealed bids or proposals for the Traffic Signal Construction at
Diamond Bar Boulevard and Fountain Springs Road and Diamond Bar
Boulevard and Shadow Canyon Drive in said City.
Bids will be opened and publicly read immediately in the office
of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar,
California.
Bids must be made on a form provided for the purpose, addressed
to the City of Diamond Bar, California, marked, "Bid for Traffic
Signal Construction at Diamond Bar Boulevard and Fountain Springs
Page 1
Road and Diamond Bar Boulevard and Shadow Canyon Drive"
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, 91765-4177, and are available to any interested party on
request. The Contracting Agency also shall cause a copy of such
determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of Diamond
Bar, not more than 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 herein before stipulated for any work done
under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
In accordance with the provisions of Section 1777.5 of the Labor
Code as amended by Chapter 971. Statutes of 1939, and in accordance
with the regulations of the California Apprenticeship Council,
properly indentured apprentices may be employed in the prosecution
of the work.
Attention is directed to the provisions in Sections 1777.5 and
1777.6 of the Labor Code concerning the employment of apprentices by
the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The certificate
will also fix the ratio of apprentices to journeymen that will be
used in the performance of the contract. The ratio of apprentices to
journeymen in such cases shall not be less than one to five except:
A. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of 15
percent in the 90 days prior to the request for cer-
tificate, or
B. When the number of apprentices in training in the area exceeds a
ratio of one to five, or
Page 2
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 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.
D. When the Contractor provides evidence that he employs
registered apprentices on all of his contracts on an
annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if
he employs registered apprentices or journeymen in any
apprenticeable trade on such contracts and if other Contractors
on the Public works site are making such contributions.
The Contractor and subcontractor under him shall comply with
the requirements of Sections 1777.5 and 1777.6 in the employment of
apprentices. Information relative to apprenticeship standards,
wage schedules, and other requirements may be obtained from the
Director of Industrial Relations, ex- officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for
all workmen employed in the execution of this contract and the
Contractor and any subcontractor under him shall employ with and be
governed by the laws of the State of California having to do with
working hours as set forth in Division 2, Part 7, Chapter 1, Article 3
of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City of
Diamond Bar, 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 herein before
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
Page 3
Diamond Bar for an amount equal to at least ten percent (100) of
the amount of said bid as a guarantee that the bidder will enter into
the proposed contract if the same is awarded to him, and in event of
failure to enter into such contract said cash, cashier's check,
certified check, or bond shall become the property of the City of
Diamond Bar.
If the City of Diamond Bar awards the contract to the next
lowest bidder, the amount of the lowest bidder's security shall be
applied by the City of Diamond Bar to the difference between the low
bid and the second lowest bid, and the surplus, if any, shall be
returned to the lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be one hundred
percent (100%) of the contract price thereof, and an additional bond
in an amount equal to one hundred percent (100%) of the contract price
for said work shall be given to secure the payment of claims for any
materials or supplies furnished for the performance of the work
contracted to be done by the Contractor, or any work or labor of any
kind done thereon, and the Contractor will also be required to
furnish a certificate that he carries compensation insurance
covering his employees upon work to be done under contract which may
be entered into between him and the said City of Diamond Bar for the
construction of said work.
No proposal will be considered from a Contractor who is not
licensed as a Class A and/or C-10 contractor at time of bid in
accordance with the provisions of the Contractor's License Law
(California Business and Professions Code, Section 7000 et seq.) and
rules and regulations adopted pursuant thereto or to whom a proposal
form has not been issued by the City 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 $15.00, said $15.00 is
nonrefundable.
Upon written request by the bidder, copies of the plans and
specifications will be mailed when said request is accompanied by
payment stipulated above, together with an additional non
reimbursable payment of $5.00 to cover the cost of mailing charges
and overhead.
The successful bidder will be required to enter into a contract
satisfactory to the City of Diamond Bar.
Page 4
In accordance with the requirements of Section 93 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 Engineer's Estimate for this project is $145,778.00.
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 1st day of March, 1994.
PASSED, ADOPTED and APPROVED by the City Council of the City of
Diamond Bar, California, this 1st day of March, 1994.
ATTEST:
City Cler
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar,
California, do hereby certify that the foregoing Resolution was duly
and regularly passed and adopted by the Council of the City of
Diamond Bar, California, at its regular meeting held on the 1st day
of March, 1994, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar, California
Page 5
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form
attached to be submitted at such time and place as is stated in the
Notice Inviting Sealed Bids. All bids should be made in accordance
with the provisions of the Standard Specifications for Public Works
Construction, 1991 Edition and all supplements. All blanks on the bid
form must be appropriately filled in. All bids shall be submitted in
sealed envelopes bearing on the outside the name of the bidder, his
address, and the name of the project for which the bid is submitted.
It is the sole responsibility of the bidder to see that the bid is
received in proper time. Any bid received after the scheduled closing
time for receipt of bids will be returned to the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by
cash or by a cashier's or certified check or by a bid bond in the
amount of not less than ten percent (10%) of the amount named in the
proposal. Said check or bond shall be made payable to the City Clerk
of the City of Diamond Bar and shall be given as a guaranty that the
bidder, if awarded the work, will enter into a contract within ten
(10) days after written notice of the award and will furnish the
necessary bonds as hereinafter provided. In case of refusal or
failure to enter said contract, the check or bond, as the case may be,
shall be forfeited to the City. No bidder's bond will be accepted
unless it conforms substantially to the form furnished by he City,
which is bound herein, and is properly filled out and executed.
3. SIGNATURE: The bid must be signed in the name of the bidder
and must bear the signature in longhand of the person or persons duly
authorized to sign the bid on behalf of the bidder.
4. MODIFICATIONS: Changes in or addition to the bid form,
recapitulations of the work bid upon, alternative proposals or any
other modifications of the bid form which is not specifically called
for in the contract documents may result in the owner's rejection of
the bid as not being responsive to the invitation to bid. No oral or
telephonic modification of any bid submitted will be considered but a
telegraphic modification may be considered and only if a postmark
evidences that a confirmation of the telegram duly signed by the
bidder was placed in the mail prior to the opening of bids. The bid
submitted must not contain any erasures, interlineation, or other
corrections unless each such correction is suitably authenticated by
affixing in the margin immediately opposite the correction the
surname or surnames of the person or persons signing the bid.
5. DISCREPANCIES IN PROPOSALS: In case of discrepancy
between words and figures, the words shall prevail. If the amounts
bid on individual items (if called for) do not in fact add to the
total amount shown by the bidder, the correctly added total of the
individual items shall prevail over the total figure shown. The
Page 6
estimated quantities and amounts are for the purpose of comparison of
bids only. The City Council of the City of Diamond Bar reserves the
right to reject any or all bids and to waive any irregularity or
informality in any bid to the extent permitted by law.
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine
carefully the site of the proposed work and the contract documents
therefore. It will be assumed that the bidder has investigated and is
satisfied as to the conditions to be encountered as to the character,
quality, and quantity of materials to be furnished, and as to the
requirements of the contract, specifications and drawings. The name
of the individual who examined the site of the work and the date of
such examination shall be stated in the proposal.
By submitting a bid, the bidder will be held to have personally
examined the site and the drawings, to have carefully read the
specifications, and to have satisfied himself as to his ability to
meet all the difficulties attending the execution of the proposed
contract before the delivery of his proposal, and agrees that if he
is awarded the contract, he will make no claim against the City of
Diamond Bar based on ignorance or misunderstanding of the contract
provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either
personally, by written request, or by telegraphic request confirmed
in the manner specified above at any time prior to the scheduled
closing time for receipt of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence
work under this contract until he has secured all insurance and bonds
required under this section nor shall he allow any subcontractor to
commence work on this subcontract until all similar insurance and
bonds required of the subcontractor have been obtained. All
insurance issued in compliance with this section shall be issued in
the form, and be an insurer of insurers, satisfactory to and first
approved by the City in writing. Certificates of insurance in the
amounts required shall be furnished by the contractor to the City
prior to the commencement of work.
The Contractor shall maintain adequate Workmen's Compensation
Insurance under the laws of the State of California for all labor
employed by him or by any subcontractor under him who may come within
the protection of such Workmen's Compensation Insurance laws. The
Contractor shall maintain public liability insurance to protect said
Contractor and the City against loss from liability imposed by law,
for damages on account of bodily injury, including death resulting
Page 7
therefrom, suffered or alleged to have been suffered by any person or
persons, other than employees, resulting directly or indirectly from
the performance or execution of this contract or any subcontract
thereunder, and also to protect said Contractor and the City against
loss from liability imposed by law, for damage to any property,
damage insurance shall be maintained by the Contractor in full force
and effect during the entire period of performance under this
contract, in the amount of not less than $500,000 for one person
injured in the accident and in the amount of not less than $1,000,000
for more than one person injured in one accident and in the amount of
not less than $500, 000 with respect to any property damage aforesaid.
The City shall be named a coinsured regardless of fault.
The Contractor shall secure with a responsible corporate
surety, or corporate sureties, satisfactory bonds conditioned upon
faithful performance by the Contractor of all requirements under the
contract and upon the payment of claims of materials, men and
laborers thereunder. The Faithful Performance Bond shall be in the
sum of not less than one hundred percent (100%) of the estimated
aggregate amount of the payments to be made under the contract
computed on the basis of the prices stated in the proposal. The Labor
and Material Bond shall be in the sum of not less than one hundred
percent (1000) of the estimated aggregate amount of the payments to
be made under the contract computed on the basis of the prices stated
in the proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person
contemplating submitting a bid for the proposed contract is in doubt
as to the true meaning of any pert of the drawings, specifications,
or other contract documents, or finds discrepancies in, or omissions
from the drawings and specifications, he may submit to the Owner a
written request for an interpretation or correction thereof. The
person submitting the request will be responsible for its prompt
delivery. Any interpretation or correction of the contract documents
will be made only by Addendum duly issued and a copy of such addendum
will be mailed or delivered to each person receiving a set of the
contract documents. No person is authorized to make any oral
interpretation of any provision in the contract documents to any
bidder, and no bidder is authorized to rely on any such unauthorized
oral interpretation.
10. DISQUALIFICATION OR BIDDERS: More than one proposal from
an individual, firm, partnership, corporation, or association under
Page 8
the same or different names, will not be considered. Reasonable
grounds for believing that any bidder is interested in more than
one proposal for the work contemplated will cause the rejection
of all proposals in which such bidder is interested. If there is
reason for believing that collusion exists among the bidders, all
bids will be rejected and none of the participants in such
collusion will be considered in future proposals.
11. AWARD OF CONTRACT: The City may award the contract to the
lowest responsible bidder on the total base bid or on any one of the
alternates indicated in the proposal. Bids will be compared on the
basis of the lowest possible cost relative to the alternate or
alternates selected and the contract, if awarded, will be awarded to
a responsible bidder whose proposal complies with the requirements
of these specifications. The award, if made, will be made within
sixty (60) calendar days after the opening of the proposals; provided
that the award may be made after said period of the successful bidder
shall not have given the City written notice of the withdrawal of his
bid.
12. ALTERNATES: If alternate bids are called for, the contract
may be awarded at the election of the governing board to the lowest
responsible bidder on the base bid, or on the base bid and any
alternate or combination of alternates.
13. COMPETENCY OF BIDDERS: In selecting the lowest
responsible bidder, consideration will be given not only to the
financial standing but also to the general competency of the bidder
for the performance of the work covered by the proposal.
14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of
the proposed subcontractors on this project as required by the
Subletting and Subcontracting Fair Practices Act (Gov. Code Sec.
4100 and following). Forms for this purpose are furnished with the
contract documents.
15. WORKMEN'S COMPENSATION: In accordance with the provisions
of Section 3700 of the Labor Code, the Contractor shall secure the
payment of compensation to his employees. The Contractor shall sign
and file with the Owner the following certificate prior to performing
the work under this contract: "I am aware of the provisions of
Section 3700 of the Labor Code which require 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 contract."
16. BID DEPOSIT RETURN: Deposits of three or more low bidders
Page 9
the number being at the discretion of the Owner, will be held for
sixty days or until posting by the successful bidder of the Bonds
required and return of executed copies of the Agreement, whichever
first occurs, at which time the deposits will be returned after
consideration of the bids.
17. EXECUTION OF CONTRACT: The bidder to whom award is made
shall execute a written contract with the City on the form agreement
provided, and shall secure all insurance and bonds as herein provided
within ten (10) days from the date of written notice of the award.
Failure or refusal to enter into a contract as herein provided, or to
conform to any of the stipulated requirements in connection
therewith shall be just cause for the annulment of the award and the
forfeiture of the proposal guaranty. If the successful bidder
refuses or fails to execute the contract, the City may award the
contract to the second lowest responsible bidder. If the second
lowest responsible bidder refuses or fails to execute the contract,
the City may award the contract to the third lowest responsible
bidder. On the failure or refusal of such second or third lowest
bidder to execute the contract, such bidder's guarantees shall be
likewise forfeited to the City. The work may then be readvertised.
18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4
(commencing at 54380) Government Code, all specifications shall be
deemed to include the words "or equal", provided however that
permissible exceptions hereto shall be specifically noted in the
specifications.
19. EMPLOYMENT OF APPRENTICES: The Contractor, and all
subcontractors, shall comply with the provisions in Sections 1777. 5,
(Chapter 1411, Statutes of 1968) , and 1777. 6 of the California Labor
Code concerning the employment of apprentices. The Contractor and
any subcontractor under him shall comply with the requirements of
said sections in the employment of apprentices; however, the
Contractor shall have full responsibility for compliance with said
Labor Code section, for all apprenticeable occupations, regardless
of any other contractual or employment relationships alleged to
exist. In addition to the above State Labor Code Requirements
regarding the employment of apprentices and trainees, the Contractor
and all subcontractors shall comply with Section 5 a. 3, Title 29 of
the Code of Federal Regulations (29CFR).
20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City,
a bidder whose bid is under consideration for the award of the
contract shall submit promptly to the City satisfactory evidence
showing the bidder's financial resources, his construction experi-
ence, and his organization and plant facilities available for the
performance of the contract.
Page 10
21. WAGE RATES: The Contractor and/or Subcontractor shall pay
wages as indicated in the "Notice Inviting Sealed Bids" section of
these specifications. The Contractor shall forfeit as penalty to the
City of Diamond Bar, not more than fifty dollars ($50) for laborers
workmen, or mechanics employed for each calendar day, or portion
thereof, if such laborer, workman or mechanic employed is paid less
than the general prevailing rate of wages herein referred to and
stipulated for any work done under the proposed contract, by him, or
by any subcontractor under him, in violation of the provisions of the
Labor Code, and in particular, Sections 1770 to 1781 inclusive.
Copies of all collective bargaining agreements relating to the work
as set forth in the aforementioned Labor Code are on file and
available for inspection in the Office of the Department of
Industrial Relations, Division of Labor Statistics and Research.
22. PERMITS, FEES AND LICENSES: The Contractor shall possess a
valid City of Diamond Bar business license prior to the issuance of
the first payment made under this contract.
23. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must
agree to commence work on or before the date of the written "Notice to
Proceed" of the City and to fully complete the project within eighty
(80) calendar days thereafter. Bidder must agree also to pay as
liquidated damages, the sum of two- hundred -fifty dollars ($250.00)
for each calendar day thereafter as provided in the General
Conditions.
24. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are
advised that upon payment of the appropriate purchase price, the set
of contract drawings and specifications become the property of the
purchaser and are not to be returned to the City of Diamond Bar.
25. AWARD OF CONTRACT: The award of the contract, if it be
awarded, will be to the lowest responsible bidder whose proposal
complies with all the requirements described.
26. QUANTITIES: The quantity of work for the unit price items
to be done under the contract, as noted in the Schedule of Prices, is
an estimate and is not to be taken as an expressed or implied
statement that the actual quantity of work will correspond to the
estimate.
The right is reserved by the City of Diamond Bar to increase
or decrease or to entirely eliminate items from the work if found
desirable or expedient.
The Contractor will be allowed no claims for anticipated
profits, loss of profits or for any damages of any sort because of any
difference between the estimated and actual quantities of work done
or for work decreased or eliminated by the City of Diamond Bar.
Page 11
The City Council of the City of Diamond Bar reserves the right
to reject any or all bids and to waive any irregularity or informal-
ity in any bid to the extent permitted by law.
27. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any
time prior to the date and hour set for opening of bids upon
presentation of a written request to the City's Engineer signed by an
authorized representative of the bidder or by the person filing the
bid.
28. INVALID PROPOSALS: Proposals submitted by telegraph and
those which are not logged in at the office of the City Clerk of the
City of Diamond Bar, prior to the date and hour set for receipt of
same will not be considered.
29. ALTERING PROPOSALS: The wording of the proposals shall not
be changed. Any additions, conditions, limitations, or provisions
inserted by the bidder will render the proposal irregular and may
cause its rejection.
Erasures of interlineations in the proposal must be explained
or noted over the signature of the bidder.
30. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the
City of Diamond Bar reserves the right to accept any bid or reject any
or all bids and to waive any informality or defects in bids received
as the best interests of the City of Diamond Bar.
Proposals in which the bid prices are obviously unbalanced may
be rejected.
Proposals in which a bid item is left totally blank will be
considered as being non responsive and automatically rejected.
31. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid
item total amount arrived at by multiplying the unit price times the
quantity does not agree with the total amount entered for the item or
if the total amount is not entered, the unit price and the corrected
extension will be considered as representing the bidder's
intentions.
If in a unit price bid item the total amount is entered for the
item but not the unit price, the unit price shall be that which is
derived by dividing the total amount bid for the item by the number of
units in the item.
If the amounts bid on individual items (if called for) do not
add up to the total amount shown, the correctly added total of the
individual items shall prevail over the total amount.
Page 12
32. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from
time to time, issue addenda to the contract documents during the
period of advertising for bids, for the purpose of clarifying or
correcting special provisions, plans or bid proposal.
Purchasers of contract documents will be furnished with copies
of such addenda, either by first class mail or personal delivery,
during the period of advertising. The addenda will be sent to the
address the purchaser of the contract documents left with or
furnished the City of Diamond Bar at the time the purchase was made.
33. ENGINEER'S ESTIMATE: The project is estimated to cost
$145,778.00.
Page 13
BIDDER'S PROPOSAL
FOR THE TRAFFIC SIGNAL CONSTRUCTION
AT DIAMOND BAR BOULEVARD AND FOUNTAIN SPRINGS ROAD
AND AT DIAMOND BAR BOULEVARD AND SHADOW CANYON DRIVE
IN THE CITY OF DIAMOND BAR, CALIFORNIA
Date
To the City Council of the City of Diamond Bar:
The Undersigned hereby declares:
,19
(a) That the only persons or parties interested in this
proposal as principals are the following:
(If the bidder is a corporation, give the name of the corporation and
the name of its president, secretary, treasurer, and manager. If a
co -partnership, give the name under which the co -partnership does
business, and the names and addresses of all co-partners. If an
individual, state the name under which the contract is to be drawn.)
(b) That this proposal is made without collusion with any
person, firm or corporation.
(c) That he has carefully examined the location of the
proposed work, and has familiarized himself with all of the physical
and climatic conditions, and makes this bid solely upon his own
knowledge.
(d) That by submitting this Bidder's Proposal, he
acknowledges receipt and knowledge of the contents of those
communications sent by the City of Diamond Bar to him at the address
furnished by him to the City of Diamond Bar when this Proposal form
was obtained.
(e) That he has carefully examined the specifications, both
general and detail, and the drawings attached hereto, and
communications sent to him as aforesaid, and makes this proposal in
accordance therewith.
Page 14
(f) That, if this bid is accepted he will enter into a written
contract for the performance of the proposed work with the City of
Diamond Bar.
(g) That he proposes to enter into such contract and to accept
in full payment for the work actually done thereunder the prices
shown in the attached schedule. It is understood and agreed that the
quantities set forth are but estimates, and that the unit prices will
apply to the actual quantities whatever they may be.
Accompanying this proposal is a certified or cashier's check or
bidder's bond, payable to the order of the City of Diamond Bar in
the sum of
DOLLARS ( $
Said bidder's bond has been duly executed by the undersigned bidder
and by a financially sound surety company authorized to transact
business in this state.
It is understood and agreed that should the bidder fail within
fifteen days after award of contract to enter into the contract and
furnish acceptable surety bonds, then the proceeds of said check, or
bidder's bond, shall become the property of the City of Diamond Bar,
but if this contract is entered into and said bonds are furnished. or
if the bid is not accepted then said check shall be returned to the
undersigned or the bidder will be released from the bidder's bond.
Address of Bidder Telephone of Bidder
City Zip Code Signature of Bidder
Page 15
SCHEDULE OF PRICES
FOR
TRAFFIC SIGNAL CONSTRUCTION AT
DIAMOND BAR BOULEVARD AND FOUNTAIN SPRINGS ROAD
AND AT DIAMOND BAR BOULEVARD AND SHADOW CANYON DRIVE
In accordance with specifications therefore approved by the City
Council of the City of Diamond Bar the undersigned bidder is herewith
submitting the following bid prices for the performance of the entire
work as described in these specifications and attached drawings
subject to this furnishing all materials.
ITEM ITEM QUANTITY UNIT UNIT PRICE ITEM TOTALS
NO. DESCRIPTION (in figures) (in figures)
Dollars Cents Dollars Cents
1. Traffic signal L.S. L.S.
construction at
Diamond Bar B1. &
Fountain Springs Rd.
2. Traffic signal L.S. L.S.
construction at
Diamond Bar Bl. &
Shadow Canyon Dr.
3. Traffic signing L.S. L.S.
and striping at
Diamond Bar B1. &
Fountain Springs Rd.
4. Traffic signing L.S. L.S.
and striping at
Diamond Bar B1. &
Shadow Canyon Dr.
5. Traffic paint re- 77 S.F.
moval at Diamond
Bar B1. & Fountain
Springs Rd.
6. Traffic paint re- 91 S.F.
moval at Diamond
Bar Bl. & Shadow
Canyon Dr.
Page 16
ITEM ITEM QUANTITY UNIT UNIT PRICE ITEM TOTALS
NO. DESCRIPTION (in figures) (in figures)
Dollars Cents Dollars Cents
7 Median reconstruc- L.S. L.S.
tion at Diamond Bar
B1. & Shadow Canyon Dr.
8. Wheelchair ramps 6 Each
9. P.C.C. sidewalk 725 S.F.
TOTAL AMOUNT BID
Accompanying this proposal is
(Insert "cash, " "cashier's check, " "certified check, " or
"bidder's bond, " as the case may be)
in the amount of $ which is equal to at least ten
percent (10%) of the total bid.
Bid price indicated refers to all items illustrated on plans and
details, and delineated within specifications installed and
completely in place in accordance with all applicable portions of the
construction documents and include all costs connected with such
items including, but to necessarily limited to, materials,
transportation, taxes, insurance, labor, overhead, and profit, for
General Contractor and Subcontractors.
All work called for on the construction documents are to Provide a
completed project with all systems operating properly and ready for
use.
The undersigned further agrees that in case of default in executing
the required contract, with necessary bond, within ten (10) days, not
including Sundays and legal holidays, after having received notice
that the contract has been awarded and is ready for signature, the
proceeds of the security accompanying his bid shall become the
property of the City of Diamond Bar, and this proposal and the
Page 17
acceptance thereof may be considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY
ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. - CLASSIFICATION - EXPIRATION DATE
I declare under penalty of perjury of the laws of the State of
California that the representations made herein are true and
correct in accordance with the requirements of California
Business and Professional Code Section 7028.15.
CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER
Page 18
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification
Bid Date
This information must include all Construction work undertaken in the State of California by the bidder and any
partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for
the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information
shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may
attach any additional information or explanation of data which he would like taken into consideration in evaluating
the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.
5 Calendar Years Prior to Current Year
1988 1989 1990 1991 1992 TOTAL CURRENT YEAR
1. No. of contracts
2. Total dollar amount of
contracts (in thousands of $)
3. No. of fatalities
---------------------------------------
4. No. of lost workday cases
5. No. of lost workday cases involving
permanent transfer to another job
or termination of employment
-----------------------------------------------------
6.* No. of lost workdays
-----------------------------------------------------
* The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational
Injuries, Summary - Occupational Injuries and Illnesses, OSEA No. 102.
The above information was compiled from the records that are available to me at this time and I declare under penalty of
perjury that the information is true and accurate within the limitations of these records.
Name of Bidder (print)
Address
Signature
State Contractors' Lic. No. &
Classification
City Zip Code Telephone
Page 19
The definitions of the symbols and abbreviations used in the
Schedule of Prices are as follows:
Ave.
Avenue
LF
&
And
LS
AC
Asphaltic Concrete
Mod.
Blvd.
Boulevard
MH
CAB
Crushed Aggregate Base
I
CB
Catch Basin
No.
Conc.
Concrete
NRCP
Conn.
Connector or Connection
House connection
Const.
Construct
Perm Surf
CIP
Cast Iron Pipe
PCC
CSP
Corrugated Steel Pipe
RC
CY
Cubic Yard
RCB
D
D load of pipe
RCP
Dia. Diameter
Dbl. Double
Dwy. Driveway
EA
Each
ELC
Electrolier Lighting
Conduit
Excay.
Excavation
Ex or Exist
Existing
'
Feet
Fur. & Pl.
Furnish and place
Ga.
Gauge
Galv.
Galvanized
Gr.
Grate
H
High or height
HC
House connection
sewer
Improv.
Improvements
"
Inches
JS
Junction Structure
Lb.
Pounds
LD
Local Depression
Reconn.
Reconst.
Reinf.
Restor
Resurf
Rd.
Sched.
SD
Sec.
SF.
Spec.
SS
Sta.
St.
Struct
Trans.
TS
Var.
VCP
W
Page 20
Linear Feet
Lump Sum
Modified
Manhole
Number
Number
Non reinforced
concrete pipe
Pvmt. Pavement
Permanent Surfacing
Portland Cement
Reinforced Concrete
Reinforced Concrete
Box
Reinforced Concrete
Pipe
Reconnect
Reconstruct
Reinforcing or rein
forced
Restoration
Resurfacing
Road
Schedule
Storm Drain
Section
Square Feet
Special
Sanitary Sewer
Station
Street
structure
Transition
Transition Stnucture
Variable
Vitrified Clay Pipe
Wide or Width
SUBCONTRACTORS LIST
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder
herewith sets forth the name and location of the place of business of each subcontractor who will
perform work or labor or render service to the general Contractor in or about the construction ofthe
work or improvement in an amount in excess of one half (1 /2) of one percent (I%) of the general
Contractor's total bid, and the portion ofthe work which will be done by each subcontractor.
Name under which Sub- License Address of Office, Specific Description
contractor is licensed Number Mill or Shop of Subcontract work
& portion ofthe Work
If the bidder fails to specify a subcontractor for any portion of the work the bidder agrees to perform
the work with his own crews (Alternative subcontractors for the same work are prohibited by
provisions ofthe California Government Code.)
Dated
Bidder
Signature
Signature
Page 21
AFFIDAVIT FOR COPARTNERSHIP FIRM
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
being first duly sworn, deposes and says:
That he is a member of the co -partnership firm designated as
which is the party making the foregoing proposal or bid; that such
bid is genuine and not collusive or sham; that said bidder has not
colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person to put in a sham bid or that such other
person shall refrain from bidding; and has not in any manner sought
by collusion to secure any advantage against the City of Diamond Bar
or any person interested in the proposed contract, for himself or for
any other person.
That he has been and is duly vested with authority to make and sign
instruments for the co -partnership by
who constitute the other members of the co -partnership.
Signature
Subscribed and sworn
to before me this
day of , 19
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 22
AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
being first duly sworn, deposes and says:
That he is
of,
a corporation which is the party making the foregoing proposal or
bid; that such bid is genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid or
that such other person shall refrain from bidding; and has not in any
manner sought by collusion to secure any advantage against the City
of Diamond Bar or any person interested in the proposed contract, for
himself or for any other person.
Signature
Subscribed and sworn
to before me this
day of , lg
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 23
AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
being first duly sworn, deposes and says:
That he is the party making the foregoing proposal or bid; that
such bid is genuine and not collusive or sham; that said bidder has
not colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person to put in a sham bid or that such other
person shall refrain from bidding; and has not in any manner sought
by collusion to secure any advantage against the City of Diamond Bar
or any person interested in the proposed contract, for himself or for
any other person.
Signature
Subscribed and sworn
to before me this
day of , 19
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 24
AFFIDAVIT FOR JOINT VENTURER
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
being first duly sworn, deposes and says:
That he is
of,
one of the parties submitting the foregoing bid as a joint venture
and that he has been duly vested with the authority to make and sign
instruments for and on behalf of the parties making said bid who are:
that such bid is genuine and not collusive or sham; that said bidder
has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid or
that such other person shall refrain from bidding; and has not in any
manner sought by collusion to secure any advantage against the City
of Diamond Bar or any person interested in the proposed contract, for
himself or for any other person.
Signature
Subscribed and sworn
to before me this
day of , 19
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 25
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, and
as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR,
CALIFORNIA hereinafter referred to as the "City", in the sum of
Dollars ($ )
lawful money of the United States of America, for the payment of
which sum, will and truly to be made, we bind ourselves, jointly and
several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
contract has been awarded and is about to enter into the annexed
contract with said City for consideration of the work under the
specification entitled
land is required by said City to give this bond in connection with the
execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and
perform all the covenants and obligations of said contract on his
part to be done and performed at the time and in the manner specified
herein; this obligation shall be null and void; otherwise it shall be
and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the
materials to be furnished, which may be made pursuant to the terms of
said contract shall not in any way release said Contractor or the
Surety thereunder nor shall any extension of item granted under the
provisions of said contract release either said Contractor or said
Surety and notice of such alterations or extensions of the contract
is hereby waived by such Surety.
Page 26
FAITHFUL PERFORMANCE BOND (CONTINUED)
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of 1994.
PRINCIPAL SURETY
BY: BY:
(SEAL)
Page 27
(SEAL)
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
ereinafter referred to as "Contractor" as PRINCIPAL,
as SURETY, are held and firmly bound unto the CITY OF DIAMOND,
CALIFORNIA hereinafter referred to as the "City", in the sum of
lawful money of the United States
which sum, well and truly to be made
several firmly by these presents.
DOLLARS ($
of America, for the
, we bind ourselves,
payment of
jointly and
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
Contract has been awarded and is about to enter into the annexed
contract with said City for construction of the work under the City's
specification entitled
and is required by said City to give this bond in connection wi
the execution of said contract;
NOW, THEREFORE, if said Contractor in said contract, or subcon-
tractor, fails to pay for any materials, provisions, provender or
other supplies, or for the use of implements or machinery, used in,
upon, for or about the performance of the work contracted to be done,
or for any work or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to such work or labor,
said Surety will pay for the same in an amount not exceeding the sum
specified above, and also in case suit is brought upon this bond, a
reasonable attorney's fee, to be fined by the court. This bond shall
immure to the benefit of any and all persons entitled to file claims
under Section 1192.1 of the Code of Civil Procedure of the State of
California.
PROVIDED, that any alterations in the work to be done, or the
material to be furnished, which may be made pursuant to the terms of
said contract, shall not in any way release either said Contractor or
said Surety thereunder nor shall any extensions of time granted under
the provisions of said contract release either said Contractor or
said Surety, and notice of such alterations or extensions of the
contract is hereby waived by said Surety.
Page 28
LABOR AND MATERIAL BOND (CONTINUED)
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
PRINCIPAL
BY:
SEAL)
day of
Page 29
SURETY
BY:
(SEAL)
1994.
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
as principal, and
as surety, are held and firmly bound unto the City of Diamond Bar in
the sum of ten percent (100) of the total amount of the bid of the
principal, to be paid to the said City or its certain attorney, its
successors and assigns; for which payment will and truly to be made,
we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these
presents.
In no case shall the liability of the surety hereunder exceed the
sum of $
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid to
the City of Diamond Bar for certain construction specifically
described as follows, for which bids are to be opened at Diamond Bar
City Hall on March 22, 1994 for Traffic Signal Construction at
Diamond Bar Boulevard and Fountain Springs Road and Diamond Bar
Boulevard and Shadow Canyon Drive in the City of Diamond Bar.
NOW THEREFORE, if the aforesaid principal is awarded the contract,
and within the time and manner required under the specifications,
after the prescribed forms are presented to him for signature, enters
into a written contract, in the prescribed form in accordance with
the bid, and files the two bonds with the City of Diamond Bar, one to
guarantee faithful performance and other to guarantee payments for
labor and materials, as required by law, then this obligation shall
be null and void: otherwise it shall remain in full force and effect.
In the event suit is brought upon this bond by the obligee and
judgment is recovered, the surety shall pay all costs incurred by the
obligee in such suit, including a reasonable attorney's fee to be
fixed by the court.
Page 30
BIDDER'S BOND (CONTINUED)
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this day of A.D., 1994
(seal)
(seal)
(seal)
(seal)
PRINCIPAL
(seal)
(seal)
SURETY
(seal)
ADDRESS
NOTE: Signatures of those executing for the surety must be
properly acknowledged.
Page 31
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That the following agreement is
made and entered into, in duplicate, as of the date executed by the
City Clerk and the Mayor, by and between
hereinafter referred to as the "CONTRACTOR" and the City of Diamond
Bar, California, hereinafter referred to as "City".
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals,
bids were received, publicly opened, and declared on the date
specified in said notice; and
WHEREAS, City did accept the bid of Contractor
and;
WHEREAS, City has authorized the City Clerk and Mayor to enter
into a written contract with Contractor for furnishing labor,
equipment and material for Traffic Signal Construction at Diamond
Bar Boulevard and Fountain Springs Road and Diamond Bar Boulevard and
Shadow Canyon Drive.
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 Traffic Signal Construction at Diamond Bar
Boulevard and Fountain Springs Road and Diamond Bar Boulevard and
Shadow Canyon Drive. Said work to be performed in accordance with
specifications and standards on file in the office of the City
Manager and in accordance with bid prices hereinafter mentioned and
in accordance with the instructions of the City Manager.
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 afore said documents and this written agreement,
the provisions of this written agreement shall control.
Page 32
3. TERMS OF CONTRACT: The undersigned bidder agrees to
execute the contract within ten (10) calendar days from the date of
notice of award of 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 eighty (80) 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 cer-
tificate 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 require every employer to be insured
against liability for worker's compensation or to
undertake self insurance in accordance with the
provisions of that Code, and I will comply with such
provisions before commencing the performance of work
of this contract."
b. For all operations of the Contractor or any subcontractor
in performing the work provided for
Page 33
herein, insurance with the following minimum
limits and coverage:
1) Public Liability - Bodily Injury (not auto) $500,000
each person; $1,000,000 each accident.
2) Public Liability - Property Damage (not auto)
$250,000 each person; $500,000 aggregate.
3) Contractor's Protective - Bodily Injury $500,000
each person; $1,000,000 each accident.
4) Contractor's Protective - Property Damage $250,000
each accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person;
$1,000,000 each accident.
6) Automobile - Property Damage $250,000 each
accident.
C. Each such policy of insurance provided for in paragraph b.
shall:
1) Be issued by an insurance company approved in writing
by City, which is qualified to do business in
the State of California.
2) Name as additional insured the City of Diamond Bar,
its officers, agents and employees, and any
other parties specified in the bid documents to
be so included;
3) Specify it acts as primary insurance and that no
insurance held or owned by the designated
additional insured shall be called upon to
cover a loss under said policy;
4) Contain a clause substantially in the following
words:
"It is hereby understood and agreed that this policy
may not be canceled nor the amount of the
coverage thereof reduced until thirty (30) days
after receipt by City of a written notice of
such cancellation or reduction of coverage as
evidenced by receipt of a registered letter."
Page 34
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:
2) Provides it shall not be canceled or altered without
thirty (30) days written notice thereof given
to City by registered mail.
e. The Contractor shall at the time of the execution of the
contract present the original policies of insurance
required in paragraphs a. and b. hereof, or present a
certificate of the insurance company, showing the
issuance of such insurance, and the additional
insureds and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with
the provisions of California Labor code, Division 2, Part 7, Chapter
1, Articles 1 and 2, the Contractor is required to pay not less than
the general prevailing rate of per diem wages for work of a similar
character in 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 or 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 91765-4177, and are
available to any interested party on request. City also shall cause a
copy of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than
fifty dollars ($50.00) for each laborer, workman, or mechanic
employed for each calendar day or portion thereof, if such laborer,
workman or mechanic is paid less than the general prevailing rate of
wages herein before 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 cf t�heLabor Code as amended by Chapter
Page 35
971, Statues 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 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:
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
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.
Page 36
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 herein before mentioned, for each calendar day
during which said laborer, workman, or mechanic is required or
permitted to labor more than eight (8) hours in violation of said
Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay
travel and subsistence pay to each workman needed to execute the work
required by this contract as such travel and subsistence payments are
defined in the applicable collective bargaining agreements filed in
accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its
officers, agents and employees shall not be answerable or
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
Page 37
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 Con-
tractor 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 the
Contractor for damages or other claims arising out of
or in connection with the work, operation, or
activities of the Contractor hereunder, the
Contractor agrees to pay to City any and all costs and
expenses incurred by City in such action or
proceeding together with reasonable attorneys' fees.
So much of the money due to the Contractor under and by virtue of
the contract as shall be considered necessary by City may be retained
by City until disposition has been made of such actions or claims for
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
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.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed with all the formalities required by
Page 38
law on the respective dates set forth opposite their signatures.
State of California
Contractor's License No.
Date
By:
Title
Title
CITY OF DIAMOND BAR, CALIFORNIA
By:
Mayor
By:
City Cler
Date
Contractor's Business Phone
Emergency Phone at which
Contractor can be reached at any time
Page 39
TECHNICAL SPECIAL PROVISIONS
1 BID ITEM NOS. 1 AND 2 - TRAFFIC SIGNALS AND LIGHTING
1.1 DESCRIPTION
Furnishing and installing traffic signal and highway lighting
systems and payment therefor shall conform to the provisions in
Section 86, "Signals and Lighting," of the California Department of
Transportation Standard Specifications, dated July, 1992
(hereinafter called State Standard Specifications) and these
special provisions.
Traffic signal improvements are to be constructed at the following
intersections:
Diamond Bar Boulevard and Fountain Springs Road
Diamond Bar Boulevard and Shadow Canyon Drive and
1.2 REMOVING AND REPLACING IMPROVEMENTS
Removal and replacement of improvements shall conform to the
provisions in Section 86-2.02, "Removing and Replacing
Improvements," of the State Standard Specifications and these
special provisions.
Where sidewalk is marked in 4 to 8 foot sections, removals shall
leave a minimum of 3 feet to the nearest score line. Where sidewalk is
marked in 4 foot sections, the concrete shall be removed and
reconstructed to the nearest score line.
1.3 EQUIPMENT LIST AND DRAWINGS
Equipment list and drawings of electrical equipment and material
shall conform to the provisions in Section 86-1.03, "Equipment List
and Drawings," of the State Standard Specifications and these
special provisions.
The controller cabinet schematic wiring diagram and intersection
sketch shall be combined into one drawing so that when the cabinet
door is fully open, the drawing is oriented with the intersection.
The Contractor shall furnish 3 copies of the maintenance manual for
all controller units, auxiliary equipment and vehicle detector
sensor units, control units and amplifiers. The maintenance manual
and operation manual may be combined into one manual. The maintenance
manual or combined maintenance and operation manual shall be
submitted at the time the controllers are delivered for testing or,
Page 40
if ordered by the Engineer, previous to purchase. The maintenance
manual shall include, but need not be limited to, the following
items:
1. Specifications
2. Design Characteristics
3. General Operation Theory
4. Function of all Controls
5. Trouble Shooting Procedure(Diagnostic Routine)
6. Block Circuit Diagram
7. Geographical Layout of Components
8. Schematic Diagrams
9. List of Replaceable Component Parts with Stock Numbers
1.4 STANDARDS, STEEL PEDESTALS AND POSTS
Standards, steel pedestals and posts shall conform to the provisions
in Section 86-2.04, "Standards, Steel Pedestals and Posts," of the
State Standard Specifications and these special provisions.
1.5 CONDUIT
Conduit shall conform to the provisions in Section 86-2.05,
"Conduit," of the State Standard Specifications and these special
provisions.
Rigid steel conduit shall be used.
Insulated bonding bushings will be required on metal conduit.
After conductors have been installed, the ends of conduits
terminating in pullboxes and controller cabinets shall be sealed
with an approved type of sealing compound.
1.6 CONDUCTORS AND WIRING
Conductors and wiring shall conform to the provisions in Sections 86-
2.08, "Conductors and 86-2.09, "Wiring," of the State Standard
Specifications and these special provisions.
Conductors shall be spliced by the use of "C" shaped compression
connectors as shown on the plans. Splices in low voltage circuits
( 600 volts maximum) shall be insulated by Method B.
Aluminum conductors shall not be substituted for copper.
1.7 BONDING AND GROUNDING
Bonding and grounding shall conform to the provisions in Section 86 -
Page 41
2.10, "Bonding and Grounding," of the State Standard Specifica-
tions and these special provisions.
Grounding jumper shall be attached by a 3/16 inch or larger brass
bolt in the standard or pedestal and shall be run to the conduit,
ground rod or bonding wire in adjacent pull box. Grounding jumper
shall be visible after cap has been poured on foundations.
1.8 SERVICE
Service shall conform to the provisions in Section 86-2.11,
"Service," of the State Standard Specifications and these special
provisions.
The Contractor shall notify the Engineer in writing at least 15
calendar days in advance of the date on which he desires any service
connections or disconnects to be made. The Contractor shall be
entitled to no extension of time or other compensation for any delay
to his operation resulting from his failure to give the prescribed
notifications.
The fourth paragraph of Section 86-2.11 is amended as follows: It
shall be the Contractor's responsibility to verify the location of
and to make arrangements for and to pay for all costs to provide the
necessary connection for the traffic signal and lighting system.
1.09 TRAFFIC SIGNAL FIELD TESTS
Field Tests shall conform to the provisions in Section 86-2.14,
"Testing," of the State Standard Specifications and these special
provisions.
In lieu of state testing, the testing of traffic signal equipment,
including controller units, fully wired cabinets and auxiliary
equipment as specified in Section 863, "Controller," of the State
Standard Specifications will be performed by the Los Angeles County
Department of Public Works. Approximately 21 days will be required
for testing and notification of the final results. The Contractor
shall be responsible for the cost of transportation of equipment to
and from the designated laboratory.
The Engineer shall be informed not less than 24 hours prior to the
intended turn -on and beginning of the functional test. The ten day
nd
functional test shall not start on a Friday, Saturday, y,
holiday or any day preceding a holiday.
The Contractor shall arrange to have a signal technician, qualified
to work on the controller and employed by the controller manufacturer
or his representative, present at the time the equipment is turned
Page 42
on, during the first day of the functional test and upon
completion of field installation.
Prior to turn -on, all equipment as shown on the plans shall be
installed and operable. All louvers, hoods and signal heads shall be
directed to provide proper visibility. All signs, striping and
pavement markings as required on the plans shall be in place prior to
turn -on.
Turn -on shall take place only during the hours between 9:00 a.m.
and 2:00 p.m. on weekdays.
1.10 SOLID-STATE TRAFFIC ACTUATED CONTROLLER
Solid-state traffic -actuated controller shall conform to the
current Standard Special Provisions and requirements for traffic
signal controllers and appurtenances of the Los Angeles County
Department of Public Works.
Traffic signal controller shall be Type 170 with LACO-1 program with
WWV capability in a Type 332 cabinet. Controller and cabinet shall
be furnished complete with detectors, and safety monitor,
loadswitches, and other appurtenances as required for the
operation as shown on the plans.
The controllers to be installed shall be interconnected to the
existing controller at the intersection of Diamond Bar Boulevard and
Sugar Pine Place. The controller at Diamond Bar Boulevard and
Fountain Springs Road shall be the master. It shall be equipped with
three 252 isolators. Six function input/output interface units
shall be installed in the new controllers at Shadow Canyon Drive and
Fountain Springs Road and in the existing controller at Sugar Pine
Place. Additional equipment shall be installed at Sugar Pine Place
as necessary to operate in the interconnected signal system as a
slave to the master with the full capabilities of the LACO-I
software.
Flashing operation shall provide flashing red lights on all
approaches.
Controller and cabinet assemblies shall be delivered complete for
testing to the Los Angeles County Department of Public Works at the
location designated by the Engineer. The Contractor shall schedule
the work to allow twenty-one (21) days for testing. The twenty-one
day testing period shall be included within the time allowed for
completion as stated in the Time of Completion and Liquidated Damages
section of these specifications. Upon completion of successful
testing, the equipment shall be delivered to the City of Diamond Bar
at a location designated by the City Engineer.
Page 43
The cost of testing shall be paid for by the City of Diamond Bar.
1.11 SIGNAL FACES AND SIGNAL HEADS
Signal faces, signal heads and auxiliary equipment, as shown on
the plans, and the installation thereof, shall conform to the
provisions in Sections 86-4.01, "Vehicle Signal Faces," 86-4.02,
"Directional Louvers," 86-4.03, "Backplates," and 86-4.06,"Signal
Mounting Assemblies," of the State Standard Specifications and
these special provisions.
All lamps for traffic signal units shall be furnished by the
Contractor.
Signal section housings and visors shall be the metal type.
Signal lenses shall be made of glass. Plastic lenses will not be
accepted.
1.12 PEDESTRIAN SIGNALS
Pedestrian signals shall conform to the provisions in Section 86-
4.05, "Pedestrian Signal Faces," of the State Standard
Specifications and these special provisions.
Pedestrian signals shall be Type C.
Z -crate screens as manufactured by Indicator Controls Corporation or
approved equal shall be furnished and installed on all pedestrian
signals.
1.13 DETECTORS
Detectors shall conform to the provisions in Section 865,
"Detectors," of the State Standard Specifications and these special
provisions_
Loop conductors and sealant shall be installed on the same day the
loop slots are cut.
Sawcuts shall not contain conductors for more than one phase.
Splicing of detector lead-in cable and conductors shall be insulated
by method A or B.
Loop conductors shall conform to Section 86-5.O1A(4) of the State
Standard Specifications except they shall be stranded instead of
solid.
Pedestrian pushbutton housings shall be die-cast or permanent mold
cast aluminum. Pedestrian push button signs shall be
Page 44
porcelain enameled metal.
1.14 HIGH PRESSURE SODIUM LUMINAIRES
Luminaires shall conform to the provisions in Section 86-6.01, "High
Pressure Sodium Luminaires", of the State Standard Specifications
and these special provisions.
Luminaires shall be high pressure sodium vapor 90 degree cut-off
types with flat lenses, integral ballasts and photoelectric
controls.
1.15 INTERNALLY ILLUMINATED -STREET -NAME SIGNS
Internally illuminated street name signs shall conform to the
provisions in Section 86-6.065, "Internally Illuminated Street Name
Signs", of the State Standard Specifications and these special
provisions.
Signs shall be Type A.
1.16 PHOTOELECTRIC CONTROLS
Photoelectric controls shall conform to of e provisions
State S
inSectiod
86-6.07, "Photoelectric Controls",
the
Specifications and these special provisions.
Photoelectric controls shall be Type IV for luminaires and Type I for
internally illuminated street name signs.
1.17 AS -BUILT PRINTS
The Contractor is required to submit to the Engineer "As -Built"
prints prior to the City accepting the work. The prints
bushall
t not
indicate, in red, all deviations from the plans such as,
limited to: locations of poles, pullboxes, detectors and conduit
runs, depths of conduit, number of conductors and other appurtenant
work
1.18 PAYMENT
Payment for signals and lighting
Section 86-8, "Payment," of the
these special provisions.
shall conform to the provisions in
State Standard Specifications and
The lump sum bid for traffic signals shown on the proposal shall be
considered as full compensation for all labor, materials, equipment men
and all things necessary to completethe
eando no/ additional
ding
construction of wheelchair ramps, in place
compensation will be made therefor.
Page 45
2 BID ITEM NOS. 3 AND 4 - TRAFFIC SIGNING, STRIPING AND
MARKING
2.1 DESCRIPTION
Installing and removing traffic signing and striping shall be
performed as shown on the plans.
2.2 PAVEMENT MARKING AND STRIPING
Pavement marking and striping shall conform to the provisions of
Section 84, "Traffic Stripes and Pavement Markings", of the State
Standard Specifications and these special provisions.
All striping shall be supplemented with raised pavement markers per
Caltrans Standard Plan A20A and A20D. Stripes shall conform to
Details as follows:
Stripe Detail No.
---------------------------
Double Yellow 22
8" White 38
4" White 9
Double yellow stripes shall have 3" black stripe separating
yellow stripes.
Paint, glass beads and raised pavement markers shall be furnished and
applied by the Contractor.
Paint for pavement marking and striping shall be either rapid dry
white conforming to State Specification 711-80-195 or rapid dry
yellow conforming to State Specification11-8 -198, in directed b dathe
with the color stipulated on the plans
Engineer.
Two coats of paint shall be applied. Reflective material consisting
of glass beads shall be applied to the surface of each coat of paint
prior to setting so that the heads shall have proper adhesion.
Glass beads shall conform to State Specification 69-80-34 and shall
be mechanically applied at a rate of 6 to 8 pounds of beads per gallon
of paint. Glass beads shall be applied to pavement markings,
crosswalks and striping by a dispensing device developed for this
purpose or other methods approved by the Engineer.
The Contractor shall furnish the necessary control points for all
striping and markings and shall be responsible for the completeness
and accuracy thereof to the satisfaction of the Engineer. No striping
shall be painted until the layout and spotting has been specifically
approved by the Engineer.
Page 46
Spotting shall be completed prior to the removal of any existing
stripes. Existing stripes and markings shall be removed prior to
painting new ones, but in no case shall any section of street be left
without the proper striping for more than 24 hours or over weekends
or holidays.
Stencils for pavement marking shall match City of Diamond Bar
stencils exactly.
2.3 ROADSIDE SIGNS
Roadside signs shall conform to the provisions in Section 56-2,
"Roadside Signs of the State Standard Specifications, State of
these special provisions. Detail
California Traffic Manual and
drawings of the standard signs are available from the California
Depagn layouts
Contractor's responsibility nt of oand n. shalllbe subject to h t e beall the
Contra
Engineer's approval.
All appurtenances and hardware necessary for sign installation shall
be furnished by the Contractor.
All signs shall be fully reflectorized. No finished sign shall have
more than one splice and no splice shall fall within 2" of the sign
edge• When splices are be color matched undersboth � sheeting
shall incident and reflected light
Reflective sheeting shall be high intensity, 250 candlepower, as
manufactured by the 3M Company. The sheeting shall be guaranteed by
the manufacturer in writing.
Sign blanks shall be new sheet aluminum of alloy 50-52 H 38.
Thickness shall be not less than .080" .
Sign posts hall be Pgreen e the pfeature.
er Federal Standard 595 A, color number
posts s Painted
14109.
Sign panels shall be installed at elevations not greater than seven
(7) feet nor less than six (6) feet to the bottom of the sign. At
locations where existing signs interfere, the existing signs shall
be moved up or down as directed by the Engineer.
Sign panels shall be mounted with 3/8" diameter stainless steel
bolts.
Sign panels on street light or traffic signal poles shall be
installed using the strap and saddle method. Sign panels on traffic
signal mast arms shall be installed per Standard Plan ES -6T, Detail
U.
Page 47
Sign posts shall be installed with a minimum of 30" in the
ground.
2.5 PAYMENT
The lump sum bid shown on the proposal for traffic signing and
striping shall be considered as full compensation for all labor,
materials, equipment and all things necessary to completet t markers
work in
place involved with the installation of signs and p
and the painting of striping and markings and no additional
compensation will be made therefor.
3 BID ITEM NOS. 5 AND 6 - REMOVAL OF PAVEMENT MARKING AND
STRIPING
3.1 DESCRIPTION
Removal of pavement marking and striping shall be performed as shown
on the plans.
Removal of pavement marking and striping shall be by the wet
sandblastmethod. e tdrsandblasting in shall
without delay as ho operation progresses. A street sweeper shall be
used to remove excess sand from the roadway.
3.2 PAYMENT
The unit price bid shown on the proposal for removal of traffic paint
shall be considered as full compensation for all labor, materials,
equipment and allthings necessary to remove pavement ditional compensation will be made thereforing and
striping and no ad
4 BID ITEM NO. 7 - MEDIAN RECONSTRUCTION
4.1 DESCRIPTION
The median on Diamond Bar Boulevard north All work Shadow
d mater nyon ials shall
srive
hall be modified as shown on the plan.
conform to the Standard Specifications
For Works Construction
(Green Book) and these special provisions.
4.2 CLEARING AND GRUBBING
Clearing and grubbing including excavation and all incidentalwork
shall be done in accordance with the project plan the app
licable
portions of Section 300 of the Standard Specifications and these
Special Provisions and as directed by the Engineer. All costs for
clearing and grenbation shall belncluded in the allowed thereforump sum bid and no
additional comp
Page 48
All concrete improvements including P.C.C. and A.C. pavement shall
be machine sawcut for removal. Pavement sawcuts shall be madeb=eak ge
at
removal is to the sawcut line without additional cracking o
beyond the sawcut line. The minimum sawcut depth shall be one and
one-half (1-1/2) inches. The cost of sawcuts shall be included
to shall
lump sum bid.At the completion of removal operations,
the be cleared of all removed materials, debris and rubble and it shall
be the responsibility of the Contractor to arrange for disposal
thereof. No temporary stockpiling of these materials will be allowed
in the project area.
4.3 MEASUREMENT AND PAYMENT
The lump sum bid shown on the proposal for median construction shall
be considered as full compensation for
Tete the workall labor, ainrplace
equipment and all things necessary
and no additional compensation
involved with clearing and grubbing
will be made therefor.
4.4 PORTLAND CEMENT CONCRETE IMPROVEMENTS
All portland cement improvements shall conform to the applicable
portions of iSection 30-3 of the Standard sions and to the lines shown on the Plan.tions and these
Special Prov
All improvements shall be constructed of concrete prepared in
accordance with Subsection 201-1 of the Standard Specifications
using symbol designation class 520-C-2500. The certified tickets
accompanying each batch of ready mix concrete delivered to thejob
site shall clearly show the class designation of the specified
concrete mix in addition to the requirements of Subsection 201- 1.4.3
of the Standard Specifications.
The lump sum bid shown on the proposal for median construction shall
be considered as full compensation for alle labor
workainrplace
equipment and all things necessary
involved with m nortlandill be made therefor. improvements and no
additional compensation
4.5 ASPHALT CONCRETE IMPROVEMENTS
All asphalt concrete pavement shall conform to the applicable
portions of Subsections 203-6 and 302-5 of the Standard
Specifications and these Special Provisions and to the lines shown on
the plan.
shall furnish to the City reports from the supplier
The Contractor
certifying that the asphalt pavement materials an haP °poncrete
comply with the designated classifications he Engineer.salt
pavement as required herein, or as directed by
Page 49
Prime coat will not be required on this project. Tack coat asphalt
shall be uniformly applied to vertical portions of all asphalt
concrete and portland cement concrete surfaces to be joined.
Pavement shall be type C2 -AR -4000-
4.6 MEASUREMENT AND PAYMENT
The lump sum bid shown on the proposal for median constructionshall
be considered as full compensation for all labor,
equipment and all things necessary to complete the work in place
involved with asphalt concrete pavement and no additional
compensation will be made therefor.
5 BID ITEM NOS. 8 AND 9 - WHEELCHAIR RAMP AND SIDEWALK
CONSTRUCTION
5.1 DESCRIPTION
Sidewalk and wheelchair ramps shall be constructed as shown on the
plans. All work and materials shall conform to the Standard
Specifications For Public Works Construction (Green Book) and these
special provisions.
5.2 PORTLAND CEMENT CONCRETE IMPROVEMENTS
All portland cement improvements shall conform to the applicable
portions of Section 30-3 of the Standard Specifications and these
Special Provisions and to the lines shown on the Plan.
All improvements shall be constructed of concrete prepared in
accordance with Subsection 201-1 of the Standard Specifications
using symbol designation class 520-C-2500. The certified tickets
accompanying each batch of ready mix concrete delivered to the job
site shall clearly show the class designation of the specified
concrete mix in addition to the requirements of Subsection 201- 1.4.3
of the Standard Specifications.
This item shall include removal of existing portland cement concrete
improvements as necessary for construction of wheelchair ramps and
sidewalk. It shall not include foundat foundations removalsnecessary
other rcompon tstrof tthe
of conduit, pullboxes,
traffic signal systems.
The unit price bids shown on the proposal for wheelchair ramp and
sidewalk construction shall be considered as full compensation for
all labor, materials, equipment and all things necessary to complete
the work in place involved with portland cement concrete
improvements and no additional compensation will be made therefor.
Page 50
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.6 • U
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 1, 1994 REPORT DATE: February 24, 1994
FROM: James DeStefano, Community Development Director
Kellee A. Fritzal, Administrative Assistant
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING PARTICIPATION IN THE LOS ANGELES COUNTY
COMMUNITY DEVELOPMENT COMAUSSION'S HOME OWNER -OCCUPIED
SINGLE-FAMILY HOUSING REHABILITATION PROGRAM
SUNM ARY: The Los Angeles County Community Development Commission has announced the
availability of funds for Housing Rehabilitation Loans to assist low and moderately low
income families. Rehabilitation Loans may be used to make repairs and eliminate code
violations according to Section 8 Housing Property Standards. The maximum rehabilitation
loan amount is $25,000. The County will administer the program at no cost to the City.
RECOMMENDATION: Adopt Resolution No 94 -XX and authorize the Mayor to sign the Memorandum of
Understanding.
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? MAJORITY
3. Has environmental impact been assessed? N/A _ Yes
—No
4. Has the report been reviewed by a Commission? _ Yes
No
Which Commission?
5. Are other departments affected by the report? N/A _ Yes
_ No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Bel r
City Manager
Frank M. Usher
Assistant City Manager
es DeStefano
Community Devi pment Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 1, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING PARTICIPATION IN THE LOS ANGELES COUNTY
COMMUNITY DEVELOPMENT COMMISSION'S HOME OWNER -OCCUPIED
SINGLE-FAMILY HOUSING REHABILITATION PROGRAM
ISSUE STATEMENT:
Should the City participate with the Community Development Commission (CDC) HOME - Housing Rehabilitation
Loan Program?
RECOMMENDATION:
Adopt Resolution No 94 -XX and authorize the Mayor to sign the Memorandum of Understanding.
FINANCIAL SUMMARY:
There is no fiscal impact to the City for participation in the HOME Housing Rehabilitation Loan Program other than
minor cost for staff assistance with the identification of properties, advertisement of the program and scheduling of
interviews.
BACKGROUND:
The Los Angeles County Community Development Commission (CDC) has announced the availability of HOME -
Housing Rehabilitation Loans. The Housing Investment Partnership Act (HOME) was authorized by the National
Affordable Housing Act of 1990 which created a formula -based allocation program intended to support State and
local affordable housing programs. The HOME programs are administered through grants received from the U.S.
Department of Housing and Urban Development (HUD). The basic objective of the HOME program is to expand
the supply of decent, safe, sanitary, and affordable housing. A direct rehabilitation loan is one of the most
conservative and efficient ways to achieve this objective.
Rehabilitation loans are limited first to code violations and to upgrade the house according to Section 8 Housing
Property Standards. The maximum rehabilitation loan is $25,000 and can be either deferred or 3% amortized loans.
The loan shall be between the CDC and the homeowner. The City is not a party to the loan. The process for City
involvement in the loan program is as follows:
City indicates interest in participating in the program by submitting a letter to the CDC.
City assists the County with identification of housing rehabilitation projects. County prepares documents
for review/approval that include: application, inspection of property and cost estimate along with project
setup form.
County prepares loan package with project setup form for approval and loan number assignment.
4. City Council approves HOME program and total rehabilitation project amount including all identified
properties.
Program/Project Commencement - rehabilitation of properties, submittal of payment voucher forms by
County.
6. Program/Project Closeout - final payment voucher, project completion form and project completion
documents submitted to CDC.
DISCUSSION:
There are two (2) options for participation in the HOME program: 1) Cities with a rehabilitation staff or 2) Cities
without rehabilitation staff. Cities that have staff will be required to administer the HOME program and will receive
5% of the total rehabilitation loan amount for associated costs. As the City of Diamond Bar does not have housing
rehabilitation staff, the CDC will administer the program including building inspections. The City will assist the
Rehabilitation Program by the following: promote the availability of rehabilitation loans and provide and distribute
informational materials regarding the Program to residents, assist in the identification of eligible homeowners with
properties in need of rehabilitation, provide occasional office space for the CDC to schedule interviews with prospective
loan applicants.
The HOME Program, as administered by the CDC, does not have a set allocation for participating cities. Allocations
depend on the identification of rehabilitation projects. However, the CDC has approximately $11 million available
County -wide for the HOME Rehabilitation Program.
To be eligible for a HOME Rehabilitation Loan the following property eligibility requirements must be met:
The resident must own the property for 12 months and it must be occupied as the principal residence.
2. Eligible homeowners must meet low or moderately low income requirements set at a maximum of 80%
of the median income level of Los Angeles County. For example, a family of four must have a total
income below $38,650.
Only single-family, owner -occupied, one -unit properties shall be assisted.
4. Total indebtedness on the properties shall not exceed 80% of the Fair Market Value, as established in
the appraisal, less existing indebtedness, plus the new loan.
5. The after -rehabilitation value of the property shall not exceed $201,900.
6. Property shall not be encumbered by more than two prior mortgages.
Attachments: Resolution
Memorandum of Understanding
HOME Policy Manual
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING PARTICIPATION IN THE LOS ANGELES COUNTY COMMUNITY
DEVELOPMENT COMMISSION'S HOME OWNER OCCUPIED SINGLE-FAMILY
HOUSING REHABILITATION PROGRAM
WHEREAS, the Los Angeles County Community Development Commission has HOME
funds available to facilitate the rehabilitation of owner -occupied households with low and
moderate incomes; and
WHEREAS, the City of Diamond Bar may participate in the program with the Community
Development Commission providing staff and other assistance required at no cost to the City; and
WHEREAS, the City of Diamond Bar agrees to participate in the program by signing the
appropriate memorandum of understanding completing the necessary forms, promoting the
availability of the program, assisting in identifying eligible homeowners and providing office space
as may be necessary to interview perspective eligible residents;
NOW, THEREFORE , the City Council of the City of Diamond Bar does resolve as
follows:
SECTION 1. That the City of Diamond Bar does hereby express its intent to participate in the
County of Los Angeles HOME Housing Rehabilitation Loan Program as a "Participating City
Without a Rehabilitation Staff."
SECTION 2. That the Mayor of the City of Diamond Bar is authorized to sign the Memorandum
of Understanding between the County of Los Angeles Community Development Commission and
the City attached hereto as Exhibit "A".
PASSED, APPROVED, AND ADOPTED this day of 21994.
Mayor
I, LYNDA BURGESS, City Clerk for the City of Diamond Bar do hereby certify that the
foregoing Resolution was passed, approved and adopted at the regular meeting of the City
Council of the City of Diamond Bar held on day of , 1994 by the following
Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
City of Diamond Bar
HOME
SINGLE FAMILY
REHABILITATION PROGRAM
POLICY MANUAL
Community Development Commission
County of Los Angeles
2525 Corporate Place, Suite 200
Monterey Park, California 91754
CARLOS JACKSON
Executive Director
HOME SINGLE FAMILY
REHABILITATION PROGRAM
TABLE OF CONTENTS
PROGRAM DESCRIPTION .................................... 2-7
LOAN PROCEDURES ........................................ 8-14
ENVIRONMENTAL REVIEW PROCEDURES ........................ 15-16
ATTACHMENTS:
1.
APPLICATION FORMS
2.
BID PACKAGE FORMS
3.
PROGRESS PAYMENT FORMS
4.
FINAL PAYMENT FORMS
S.
DATE CERTAIN FORMS
6.
C/MI SYSTEM PROCEDURES
7.
GLOSSARY OF TERMS
HOME
OWNER -OCCUPIED SINGLE-FAMILY REHABILITATION LOAN PROGRAM PROCEDURES
I. Program Descrioti
The Community Development Commission (CDC) HOME Owner -Occupied Single -Family
Rehabilitation Loan Program is to aid in the preservation of decent, safe and
sanitary housing and to rehabilitate hazardous and/or deteriorating
residential dwellings. Specific criteria applicable to the HOME Program and
the application process are listed below:
A. Property Eligibility Requirements
1. Acquired ownership interest in the property shall be established at a
minimum of twelve months prior to the date of the loan application,
and it must be occupied as his/her principal residence. Limited
exceptions to this requirement may be made in hardship cases and at
CDC's discretion.
2. Single-family, owner -occupied one -unit property shall be assistance
under the HOME Program. Properties containing rental units may be
eligible for assistance under the terms and conditions of the HOME
Rental Program.
3. Total indebtedness on the property shall not exceed 80% of the Fair
Market Value, as established by a qualified fee appraiser, less
existing indebtedness, plus the new loan. Prior -approval must be
obtained from CDC to override this requirement.
4. The after -rehabilitation value of the property shall not exceed 95% of
the Los Angeles County Median Purchase Price (MPP) or $201,900 for a
one -family property. The MPP for a two-family property is $258,400.
5. The property shall not be encumbered by more than two prior mortgages.
CDC will only accept a mortgage interest in the property of third
position, if a disclaimer statement is recorded with the third deed of
trust.
6. Owner shall not have any restrictions or encumbrances that would
unduly restrict the good and marketable nature of the ownership
interest.
7. Other forms of ownership, such as land sales contracts, must be
approved by CDC and by HUD.
B. TVQe of Rehabilitation
Rehabilitation shall be limited first to code violations, repairs to make
the dwelling decent, safe and sanitary, and to upgrade the dwelling in
accordance to Section 8 Housing Property Standards, the County's Building
and Safety and Health Codes and the policies and procedures established by
the CDC. General property improvements will be allowed but limited to 40%
of the code violation total.
C. Type of Loans
I. Deferred Payment Loans
The Deferred Payment Loans (Deferred Loans) are available to qualified
low-income applicants, whose income does not exceed 80% of County
Median Income. The loans are deferred for 10 years with no monthly
payments.
2. 3% Amortized Loans
The 3% Amortized Loans (Amortized Loans) are available to low-income
applicants, whose income does not exceed 80% of County Median Income.
The applicants are required to make monthly payment for 10 years.
D. Type of Applicants
The HOME Program loans may be made to applicants with the following
qualifications:
1. Deferred Loans
a. Annual income does not exceed 80% of County Median Income
b. Elderly (62 years or older)
c. Handicapped
d. Permanently disabled
e Single head of household (male or female)
f. Large families (6+ persons)
2. Amortized Loans
a. Annual income does not exceed 80% of County Median Income
b. Non -elderly
The applicants must occupy and have vested interest in the single-family,
residential property requiring rehabilitation. Vested interest shall mean
fee simple title to the property.
E. Applicant Income Limits
Gross annual family income cannot exceed 80% of the annual family median
incme, adjusted for family size, established by HUD for Los Angeles
Covnty. Income limits are subject to change by HUD. Income is defined as
the ebobined income of all members of the household, as defined by Section
61 of the IRS Code of 1954, as amended.
N
The income limits for HOME Program loans for Fiscal Year 1993 are shown
below:
Amortized Loans or
Persons Deferred Loans
Per Family (80% Median Income)
1 27,050
2 30,900
3 34,800
4 38,650
5 41,750
6 44,800
7 47,900
8 51,000
*INCOME AFTER ADJUSTMENT FOR ALLOWABLE INCLUSIONS AND EXCLUSIONS
Note: When future legislative changes are made to the definition of annual income,
the change will be published in the Federal Register and agencies will be
given 60 (sixty) days from the date of publication to implement the changes.
I. Income Inclusions
a. The full amount before any payroll deductions of wages and salaries,
overtime pay, commissions, fees, tips, and bonuses, and other
compensation for personal services;
b. The net income from operation of a business or profession.
Expenditures for business expansion or amortization of capital
indebtedness shall not be used as deductions in determining net
income. An allowance for depreciation of assets used in a business or
profession may be deducted, based on straight line depreciation, as
provided in Internal Revenue Service regulations. Any withdrawal of
cash or assets from the operation of a business or profession will be
included in income, except to the extent the withdrawal is
reimbursement of cash or assets invested in the operation by the
family;
c. Interest, dividends, and other net income of any kind from real or
personal property. Expenditures for amortization of capital
indebtedness shall not be used as a deduction in determining net
income. An allowance for depreciation is permitted only as authorized
in paragraph (b) of this section. Any withdrawal of cash or assets
from an investment will be included in income, except to the extent
the withdrawal is reimbursement of cash or assets invested by the
family. Where the family has net family assets in excess of $5,000,
annual income shall include the greater of the actual income. derived
from net family assets or a percentage of the value of such assets
based on the current passbook savings rate, as determined by HUD;
d. The full amount of periodic payments received from social security,
annuities, insurance policies, retirement funds, pensions, disability
or death benefits, and other similar types of periodic receipts,
including a lump -sum payment for the delayed start of a periodic
2.
payment;
e. Payments in lieu of earnings, such as unemployment, worker's
compensation, and severance pay (but see paragraph (c) under Income
Exclusions);
f. Welfare Assistance. If the welfare assistance payment includes an
amount specifically designated for shelter and utilities that is
subject to adjustments by the welfare assistance agency in accordance
with the actual cost of shelter and utilities, the amount of welfare
assistance income to be included as income shall consist of:
The amount of the allowance or grant exclusive of the amount
specifically designated for shelter or utilities; plus
The maximum amount that the welfare assistance agency could in
fact allow the family for shelter and utilities. If the family's
welfare assistance is ratably reduced from the standard of need by
applying a percentage, the amount calculated under this paragraph
shall be the amount resulting from one application of the
percentage;
g. Periodic and determinable allowance, such as alimony and child support
payments, and regular contributions or gifts received from persons not
residing in the dwelling;
h. All regular pay, special pay and allowances of a member of the Armed
Forces (whether or not living i n the dwelling) who is head of the
family, spouse, or other person whose dependents are residing in the
unit (but see paragraph (g) under Income Exclusions).
i. Relocation Payments.
Income Exclusions
a. Income from employment of children (,including foster children) under
the age of 18 years;
b. Payments received for the care of foster children;
c. Lump -sum additions to family assets, such as inheritance, insurance
payments (including payments under health and accident insurance and
rocker's compensation), capital gains and settlement for personal or
property losses (but see paragraph (c) of Income Inclusions);
d. Amount received by the family that are specifically for, or in
reimbursement of, the cost of medical expenses for any family member;
e. Income of a live-in aide;
f. Amount of educational scholarships paid directly to the student or to
the educational institution, and amounts paid by the Government to a
veteran, for use in meeting the costs of tuition, fees, books,
equipment, materials, supplies, transportation, and miscellaneous
personal expenses of the student. Any amounts of such scholarships or
payments to a veteran not used for the above purposes that is
available for subsistence are to be included in income;
g. The special pay to a family member serving in the Armed Forces who is
exposed to hostile fire;
h. Amounts received under training programs funded by HUD;
i. Amounts received by a disabled person that are disregarded for a
limited time for purposes of supplemental security income eligibility
and benefits because they are set aside for use under a Plan.to Attain
Self -Sufficiency (PASS); or
j. Amounts received by a participant in other publicly assisted programs
that are specifically for or in reimbursement of out-of-pocket
expenses incurred (special equipment, clothing, transportation, child
care, etc.) and that are made solely to allow participation in a
specific program;
k. Temporary, nonrecurring, or sporadic income (including gifts); or
i. Amounts specifically excluded by any other Federal statute from
consideration as income for purposes of determining eligibility or
benefits under a category of assistance programs that 'includes
assistance under the 1937 Act. The following is a list of types of
income that qualify for that exclusion (9/27/89 regulations):
• The value of the allotment provided to an eligible household under
the Food Stamp Act of 1977;
• Payments to volunteers under the Domestic Volunteer Service Act of
1973 (employment through VISTA, Retired Senior Volunteer Program,
Foster Grandparents Program, youthful offenders incarceration
alternatives, senior companions);
• Payments received under the Alaska Native Claims Settlement Act
(43 U.S.C. 1626(a));
• Income derived from certain submarginal land of the United States
that is held in trust for certain Indian tribes (25 U.S.C.
259)(e);
Payments or allowances made under the Department of Health and
Human Services' Low -Income Home Energy Assistance Program (42
U.S.C. 8624(f));
• Payments received under programs funded in whole or in part under
the Job Training Partnership Act;
• Income derived from the disposition of funds of the Grand River
Band of Ottawa Indians;
5
• The first $2,000 of per capita shares received from judgement
funds awarded by the Indian Claims Commission or the Court of
Claims (25 U.S.C. 1407-1408) or from funds held in trust for an
Indian tribe by the Secretary of Interior (25 U.S.C. 117);
• Amounts of scholarships funded under Title IV of the Higher
Education Act of 1985 including awards under the Federal work-
study program or under the Bureaus of Indian Affairs student
assistance programs, that are made available to cover the costs of
tuition fees, books, equipment, materials, supplies,
transportation, and miscellaneous personal expenses of a student
at an educational institution (20 U.S.C. 1087 uu);
• Payments received from programs funded under Title V of the Older
Americans Act of 1965 (42 U.S.C. 3056(f));
• Any earned income tax credit to the extent it exceeds income tax
liability;
• Payments received after January 1, 1989, from the Agent Orange
Settlement Fund or any other funds established pursuant to the
settlement in the In Re Agent Orange product liability litigation,
MDL No. 381 (E.D.N.Y.);
Payments received under the Maine Indian Claims Settlement Act of
1980.
F. Maximum Loan Amounts
The maximum loan amount is $25,000 for HOME Loans. However, this amount
may be increased at the CDC's discretion based on the extent of
rehabilitation necessary to achieve desired Housing Quality Standards.
The minimum loan amount is $1,000.
Ng: CDC reserves the right to deny or disapprove any application when it
determines that approval of said loan violates prudent lending practices.
G. Interest Rate
The HOME loans shall bear a 3% simple interest rate.
H. Loa Terms
• The HOME Loan shall be between the CDC and the homeowner.
• The borrower(s) also has the right to repay the loan at anytime, in
part or in full, without prepayment penalties.
• The full payment of unpaid principal and accrued interest shall be
immediately due and payable to the CDC upon transfer of said property
by sale, gift, bequest, devise, intestate succession.
6
The borrower(s) must pay in full the unpaid principal plus accrued
interest amount that are due on the loan at the time of refinancing to
obtain an increase (or advancement of renewal) of any prior loan(s)
secured by Trust Deed. THE CDC WILL NOT SUBORDINATIi.
Deferred Loans
• The HOME loan shall bear interest for 10 years from the date of the
Promissory Note. No more interest shall be added after the 10th year.
• The loan payments shall be deferred during the life of the loan. No
monthly payments are required. However, the homeowners may decide to
make monthly payments.
Amortized Loans
• The homeowners are required to make monthly payments for 15 years.
• The HOME loan shall bear interest for 15 years from the date of the
Promissory Note until paid in full.
I. HOME Trust Funds
All payments shall be made to the CDC for deposit into the HOME Trust -Fund
and mailed to:
Community Development Commission
County of Los Angeles
Financial Management Division - HOME Program
2525 Corporate Place, Suite 200
Monterey Park, CA 91754
J. Program Fees
"Out of Pocket" expenses incurred in the processing of the loan shallbe
included in the loan. These fees include, but are not limited to,
fees
for title search, preliminary title report, title policy, credit report,
full appraisal, and recording fees. These "out of pocket" expenses shall
be reimbursed to the agency when the loan has been funded.
7
II. Loan Procedure
This section delineates the steps involved in the development of HOME Loans,
and includes the procedure related to the packaging te the HOME
loan
applications. The reviewing of the loan package and app
roval
The loan consultant is responsible for qualifying and packaging all HOME
loans.
A. Application Process
1. Scheduling/Conducting an Interview
The loan consultant schedules an interview at the agency's office,
(residence interview will be conducted when applicable). At the
iithe
must lpreliminary
application and supply the oanconsultant with copies of thfollowin
documents:
• Grant Deed
• Current Paycheck stub, and/or other income documentation (2 months)
• AFDC, Social Security, pensions, dividends, interest
• Income Tax Returns or statements of non -filing (previous 2 years)
• Mortgage payment book for all mortgages
• Fire insurance policy (current year)
• Utility bills (2 months each)
• Property Tax Statement (current year)
The loan consultant is responsible for explaining program details to
the borrower(s), and highlighting such facts as the terms, conditions,
and repayment of the HOME Loan. The borrower(s) must understand that
a lien, which will be recorded at the County Recorder's office and
appear on the Title Policy, will be placed on the property for the loan
amount for the life of the loan. The Homeowner must understand that
the Rehabilitation Agreement is a private contract between the
homeowner and contractor. The CDC is only the lender.
The borrower(s) is asked to fill out, sigrr and date the appropriate
forms.
• Statement of information for all persons on Title
• Financial Privacy Notice to Applicant
• Fair Lending Statement
• All applicable verifications
2. Consumer Affairs Counseling
The borrower is required to meet with the Department of Consumer
Affairs (DCA) for counseling, which may include information such as,
loan terms and conditions, contract/agreement,
warranties/certifications, saving, budgeting, borrower maintenance
responsibilities, subordinations, etc. After the counseling session,
the DCA will provide the borrower with a letter of advisement, which
must be acknowledged by the borrower and delivered to the CDC.
E7
3. Termite and Pest Control Inspection
The borrower(s) is/are advised that a termite and pest control
inspection will be required and a full property appraisal must be
conducted. These reports are provided at the borrower(s) expense. Any
costs resulting from these inspections will be incorporated into the
loan if the loan is approved.
4. Verification/Credit Report/Title Search
• The loan consultant submits all verifications to the appropriate
agencies, credit unions, employers, mortgage companies, financial
institutions, etc. Verifies income information from all sources,
including wages, pensions, AFDC, Social Security, dividends,
interest, mortgage balances and assets.
• A credit report is ordered from an established credit bureau such as
TRW. The loan consultant must make sure the report received from
the Credit bureau matches the borrower(s) in all respects, i.e.,
Social Security number,name and address, previous address, and in
some cases, employment. There may be instances in which more than
one credit report will be required. Borrower(s) must be notified of
additional expense.
• A Preliminary Title search is ordered. Title to the property must
be clear of defaults, bonds, judgements, and delinquent property
taxes, IRS taxes, etc. Should the property indicate a default was
filed, the loan application shall not be processed further.
Borrower(s) shall be notified of delay. Should the borrower(s) wish
to continue process of the loan, they must provide the loan
consultant with proof that the default has been cleared.
5. Initial Inspection
The loan consultant's inspector will visit the property and identify
all deficiencies to be corrected to bring the property into compliance
with local rehabilitation standards. The loan consultant shall review
the inspectors findings with the borrower(s) and determine whether the
deficiencies and any general property improvements requested, can be
corrected within loan limits established.
6. fst Construc ion Conference Before Bid
post -construction conference before bid is designed to meet the
following objectives:
• To ensure all deficiencies are corrected and that the rehabilitation
meets all requirements, including handicapped accessibility
requirements, historic preservation and environmental standards,
cost effective energy conservation standards and lead-based paint
hazard requirements.
• To ensure that the proposed work is of a sufficiently high standard
and that, after the completion of rehabilitation, the property will
be in good and readily maintainable condition, at least for the term
of the loan.
7. Final Write-uo and Estimate
The loan consultant shall review all modifications madeby
the
the
borrower(s) and incorporate them (code violations only) into
original write-up. The Inspector will revise the cost estimate.
Borrower(s) shall review the final write-up and cost estimate.
Borrower(s) shall sign and date each page of the inspection report.
Preparation of Bid Package is authorized by the borrower(s) when the
report is signed and dated.
8. A Full Fee ARRraisal is Ordered (Exterior & Interior)
In order to ensure that the HOME Loans are properly underwritten and
secured, an appraisal report is required. All appraisals must include
an estimate of what the fair market value of the property will be after
the proposed rehabilitation is completed. The loan consultant shall
provide a copy of the work write-up to assist the appraiser in
evaluating the after -rehabilitation value of the property.
9. Bid Process and Review
Bid packages are prepared and given to qualified contractors to submit
their bids to the homeowner and/or the loan consultant.
• The loan consultant shall ensure that contractors are qualified to
do the required work, and that qualified small, minority, and
women's businesses are afforded the opportunity and encouraged to
participate in the HOME Loan Program.
• The loan consultant shall ensure that the proposed rehabilitation
costs are fair and reasonable from each contractor.
10. Final Application
The final application is prepared, typed and reviewed with the
borrower(s) to ensure that th.oinformation on the application is
accurate and consistent. The Borrower(s) must sign and date the
application.
B. LgA#JWoroval /Rejection
When loan underwriting is completed, the loan package is ready for final
approval. The loan package is submitted to the CDC for approval and
assignment of a HOME loan number (the Loan Consultant may assign its
loan number for internal purposes). If the loan is approved, the
borrower(s) is/are the notified of the approval along with the final terms
and conditions of the loan and the scheduled date of the loan closing. If
the loan is rejected, the borrower(s) is/are notified of the reason for
rejection.
10
C.
51
Loan settlement is conducted by the loan consultant. The loan consultant
is responsible for ensuring the accuracy and validity of the loan
documents.
Immediately after completion of the loan settlement, any loan documents
that require recordation shall be filed at the Los Angeles County
Recorders Office to project CDC's security in the loan. The borrower(s)
shall be advised when payments are due and where to make the loan
payments. The rehabilitation work shall begin immediately after the
borrower(s) right to cancel the loan period has expired, as provided for
in the truth -in -lending requirements.
Pre -Construction Conference
The Pre -Construction Conference shall be held as soon as possible after
the expiration of the three (3) day rescission period. The loan
consultant, the borrower(s), and the contractor shall meet at a Pre -
Construction Conference to review all phrases pertinent to the
documentation of the loan, rehabilitation, change order, inspections,
progress payments, contingency money, contract extensions, deviations, and
final close out of the loan. Other points covered in the discussion will
include items in the contract, the scope of the work to be performed, and
the nature of the potential inconvenience to the property owner. The loan
consultant shall clarify terminology in the standard contract, such as
paint grade, cabinets, and paint selection. Additionally, the following
should be understood by all parties involved in the rehabilitation:
1. Arbitration
Any controversy or claim arising out of or relating to the borrower's
rehabilitation contract, or the breach thereof, may be settled in
accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association, and judgement upon the award may be
entered in any court having jurisdiction thereof.
2. Breach of Contract Conditions
In the event the contractor shall fail or refuse to complete the work
in a professional manner as set forth in the Agreement for
Rehabilitation, including its General Conditions and Standard
_Specifications, or fails to use due diligence in performing. the
-required work, the property owner(s) may terminate the Agreement for
Rehabilitation with the contractor. Such termination shall be done in
accordance with Section 210 of the Contract's General Conditions. The
Loan consultant is responsible for assisting the borrower(s) in
completing the necessary termination document and inacquiringa
substitute contractor to complete the job.
3. Hold Harmless Clause
The following clause, Article 6 of the Agreement for Rehabilitation,
is included in the contract and must be brought to the attention of
11
both the contractor and the borrower(s) by the loan consultant.
TTr1r 6 Hold Harmless: The parties hereto agree to indemnify,
end, save and hold harmless the Community Development Commission,
the County of Los Angeles and their Agents, employees and officers
Winst any and all personal injuries, liabilities, costs, damages,
claims, suites, or expenses, including reasonable attorney's fees,
arising out of any act omission of any officer, agent or employee of
the Contractor or resulting from the condition of any property or
materials owned or controlled by the contractor in the performance of
this AGREEMENT. It is understood that the employees of the Contractor
are not agents or employees of the Community Development Commission of
the County of Los Angeles".
After mutual agreement is reached, the contractor and the borrower(s)
sign the Contract Agreement, the Waiver and Hold Harmless Agreement
and the Notice to Proceed.
4. Performance Bond Waiver
A Waiver and Hold Harmless Agreement shall be used for each
rehabilitation job in lieu of bonds.
5. period of Rehabilitation
Time allowed for the rehabilitation process is as follows: r
Contract less than $10,000 - 30 days
Contract Between $10,000 - $15,000 - 45 days
Contract over $15,000 - 90 days
Exceptions: Time of year and nature of rehab work should be taken
into consideration. Originals of the Agreement for Rehabilitation are
issued to the Property owner(s), the contractor and COC. The loan
consultant shall maintain a copy in the borrower's file.
E. Progress Inspections
The responsibility for monitoring the contractor's workmanship shall be
shared by the homeowner(s) and the loan consultant's inspector. The
Borrower(s) shall be responsible for the daily monitoring of the work, but
should remember that the contractor is the professional and should not
inta&re with the work. More homeowner involvement can lead to a closer
relationship between the homeowner and the contractor, thereby
the number of problems that may arise during the rehabilitation
W01% The homeowner, shall be counseled against making any "side deals"
contractor. Similarly, contractors must understand that approved
"change orders" must be used to document any additions, deletions, and
changes to the scope of work.
The loan consultant inspector shall perform an inspec nit n and authorizes
once a week and
whenever funds are requested for a progress payme
payment only for work completed in an acceptable manner.
12
The inspection shall take place in the presence of both the homeowner and
contractor to minimize potential problems. The inspector shall determine
that the homeowner is satisfied with the quality of the completed work,
and that the completed work corresponds to the work write-up. The
Homeowner shall approve all payments made to the contractor at the time
in tion is completed. The Homeowner does not sign any payment
au�ization in blank. The Homeowner is given a copy of the payment
request after he/she signs the payment authorization. A 10% retention
shall be held on each progress payment. The approved progress payment
request shall be submitted to the CDC along with the HOME Voucher form for
processing the payment drawdown.
F. Change Orders
Changes in the scope of work without an authorized change.order signed by
the homeowner(s), contractor, rehabilitation inspector and loan consultant
shall not be paid to the contractor.
The change order shall describe the precise modification to the original
scope of work and any change in the contract price.
G. Resolving Conflicts
The homeowner(s) is/are responsible(s) for resolving any conflicts that
arise during the performance of the rehabilitation.
Only after the homeowner(s) and contractor have made a good faith afort
to resolve their differences should the loan consultant step in. Th#loan
consultant shall review all facts carefully and objectively, and all
parties must agree to abide by the findings or pursue formal mediation
(See Sections A2 and D).
H. Final Inspection/Pro.iect Completion
The contractor shall request the final inspection only after the
homeowner(s) has agreed that all the rehabilitation work has been
completed in accordance with the terms of the rehabilitation contract.
The contractor shall submit to the loan consultant all copies of
warranties, releases of liens from subcontractors and suppliers, Notice of
Completion, and Request for final payment and inspection. IThe
Homeowner(s), and contractor shall sign a owner's Certificate of
Completion. The loan consultant shall submit tiff original copies of the
project completion documents along with the HOME Project Completion Form
a 0syment Voucher Form to the CDC for final payment and project
c1�. After all funds have been disbursed,. CDC shall provide the
along with all copies o
actors and suppliers.
Case closed.
warranties, releases of liens
I. Microfiche & Archive
All case files shall be microfiche and held in archive for 5 years.
13
hsfrpl
IMR i
CD Financial Management Department will conduct the loan servicing and
pr` the homeowner with a payment book and yearly interest statement,
if icable.
14
COMMUNITY DEVELOPMENT COMMISSION
EONZ REHABILITATION DEBT SERVICE ANALYSIS
File No.
Target Area Census Tract
Name
Supv. District
Address
Telephone No.
City
Zip Code
Monthly Income $
Type of Loan: Deferred Amortized
Elderly:
Yes No Handicapped: Yes
No
Permanently Disabled:
Yes No Large Family: Yea
No
Single Head of Household:
Yes No Non -elderly: Yes
No
Ethnic Background
Loan Amount $
REHABILITATION COST
Construction Cost $ Staff Estimate
$
Code Items a
General Improvements Items %
Year built
PROPERTY INFORMATION
After Rehab Appraised Value*
$
Remaining Economic Life
80% of Appraised Value
S
Number of Units
Lose Existing Liens
Lot Size
1st - Date
$
Square Footage
2nd - Date
$
Number of Bedrooms
CDC Loan
$
Number of Bathe
Sub -total
$
Date Purchased
Loan -to -value (LTV)**
$
Purchased Price
$ Available Equity***
$
FHA Insured: Yes_ No_
Disclaimer Statement Yea
No
* After Rehab Appraised Value cannot exceed 95% of Median Purchase Price (MPP) of
$201,900 for one unit
** LTV - Existing Liens + New Loan
After Rehab Appraised Value
*** Available Equity - After rehab appraised value - Existing liens
comments/Justifications, etc.
of
This file has been reviewed and is recommended for approval by:
Date
Date
HSFRP.DEB
COMMUNITY DEVELOPMENT COMMISSION
APPLICATION FOR HOME REHABILITATION LOAN
(A) NAME, ADORRss, Bit COCl AND TELBPEOMME NUMBER
OF BORROM M(s) Hereafter jointly and
severally called 'Borrower"
lot.
2nd
Borrower's Age: ( ) Total Number of
( ) dependents ( 1
List &gas below:
Is the applicant Female and Head of Household
( ) Yes ( ) No
let. social Security No./
2nd. Social Security No./
Telephone No.
(B) APPLICATION NO.
No. of Dwelling Units
Type of Loans Deferred _ Amortised
Monthly Income $ Census Tract
County Modian
Indicate Minority Group:
( ) Caucasian ( ) Asian
( ) Black ( ) American Indian
( ) Hispanic ( ) Other
NOM: Minority Group data is obtained for
statistical purposes only. It will not be
considered by any local or Federal official
in determining the Borrower's eligibility.
BOBBOMB!'s INFORIOITION FOR LOAN APPROVAL
Nj: Use Block J to complete any item requiring additional space. Round all entries in Block Co
n_ t_ 0_ W L T ♦. *k . ..r Awll.. -b.--4-- 4.A4-.
(C) P� Mon" .i mmunsw (D) LIABILITI= Monthly
! ! (a] Pat
` Uapaid
! (b1 Ealsaca
1. Federal, state, and Local 1$ 11. Automobile -Nano of
Income taws ! ! Len �Z: !
!
2. Premium for c$ ; ;2. Life Insurance i
Life Insurance !
! Loan
3. Social Security, retire- 13. Notes payable (explain=
i
♦. Operating expense on other ,{. Mortgages other Real :
real estate ! I !stats !
!
5. Medical = 15. Installment/ '
! credit account !
!
6. Utilities ; ,6. Installment/
1 ' credit account '
!
7. Maintenance t 17. Installment/
'
18.
S. Other (explain in Zbook, J) Installment/
:
4. LI,
e
(a) PRESENT MONTdY INCOME
(I) MONTBLy HOUSING COST (a) PRESENT (b) AFTER REBAB
1. Husband's base pap 6
2. Wife's base pay
1. Mortgage payment S $
3. Third T.D. fif anyl
3. Pensions, Annuities,
Social Security, etc,
4. Hazard Insurance
4. Gross income from
real estate
S. Real property taxes,
special assessments
5. Other (explain in
block J1
6. Other (explain in
6. TOTAL $
7. TOTAL $ $
(j)
ITEM NO,
ADDITIONAL INFORMATION ONLY
(R) LOAN RECAP
1. Rehabilitation Cost
a. Amount for construction work
b. Contingencies, 1 (not to exceed 101 of line 1. a)
c. Loan costs (Appraisal, Credit Report, etc.)
d. Title Examination, recordation
e. TOTAL (sum of lines 1. a., 1. b., 1. c., and 1. d.)
2. Total Amount of Loan Applied from (Line R 1. E.)(Round to next highest $50.00)
3. Total interest for maximum 10 year period (31 per annum.)
4. Number of months
5. Total Balance Due (Sum of lines 2. and 3.)
S
5
(L) BORROWER'S CERTIFICATION
The Borrower certifies that all information in this application, and all information
furnished in support of this application, is given for the purpose of obtaining a
rehabilitation loan from the Community Development Commission, and is true and
complete to the best of the Borrower's knowledge and belief. Verification may be
obtained from any sources named herein.
Signature
Date
Signature Date
PENALTY FOR FALSE OR IRADULENT STATEMENT. U.S.C. Title 18, Sec. 1001, provides: "However, in any
matter within the jurisdication of any department or agency of the United States knowingly and
willfully falsifies—makes any false, fictitious or fradulent statement or representations, or
makes or uses any false writing document knowing the same to contain any false, fictitious or
fradulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than
five years, or both".
Review of this application and supporting documentation indicates that the application meets
the Community Development Commission requirements for the making of a rehabilitation loan,
and approved of this application is therefore approved.
Signature of Authorized official
Signature of Authorized Official
app. hom:ib
Date
Date
EXHIBIT A
TO WHOM IT MAY CONCERN:
(TO BE RECORDED WITH THE
DEED OF TRUST)
Be it known that I/we, , know and
understand that I/we, _ receiving a loan from the Community Development Commission
of the County of Los Angeles, who will take position behind the first mortgage,
and the second mortgage,
and that the Community
Development Commission of the County of Los Angeles will not subordinate nor
relinquish said third (3) position to any lender.
I/We, may further encumber our property, but any said loan to be recorded after the
recording of the loan issued by the Community Development Commission of the County
of los Angeles must and will take position behind that established by the Community
Development Commission of the County of Los Angeles.
Signature
Signature
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
Date
Date
On before me, the undersigned, a Notary Public in and for
said StateIly appeared
personally to mm or proven to me on the basis of satisfactory evidence to be
the person names) _ subscribed to the within instrument and acknowledge
that _ the same.
Notary Public Signature
(This area for official notarial seal)
RS-1-26:ib
To:
Attention: Loan Servicing
Date.
Mortgagor:
Property Address:
Your Loan Number:
Request for Real Estate Loan Rating
To Whom It May Concern:
The above-named mortgagor has applied to us for a mortgage loan. The following information is
required for the application and your prompt response is most appreciated.
This is not a request for a beneficiary statement, but is to be used only for a rating as to
manner of payment. Please fill in the information requested and return in the enclosed self-
addressed envelope. Thank you in advance for your cooperation.
Very truly yours,
We authorize release of the following
information.
CONKUNITY DNWZLOPMENT C0NMISSI0N z
2525 CORPORATE PLACE, /200
MONTEREY PARE, CU 91756-7631 K
213-260-2106
LENDERS !
Type of Loan:
Opening date of loan:
Original mortggs seam:
Present mortgage balance:
Monthly impkelget and interest:
a.
tapaetg Aggisttt
weber of late payawtcs past 30
days in last 12 months.
Is secant turrantl
Date:
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VA INA CONVENTIONAL
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Signature
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Request for Verification of Employment
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CONIIQNITY DSYELONIIENT COXIISSION
ATTENTION: PERSONNEL 2525 CORPORM PL710E, 1200
xoNTEA>!Y PARE, OR 91754-7631
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OMMUNITY DEVELOPMENT COMMISSION
ATTENTION: CUSTOMER SERVICE 2525 CORPORATE PLACE, ,200
MONTEREY PARE, CA 91754-7631
213-260-2106
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COMI MITY DEVMAPA MT cco msssION
No= TROTS IN LENDING DISCLOSORE STATO MT
(For 15 -year
0
figures.
Payseat schedule.
2. Security and Property Insurance.
you are giving a security interest in your home located at:
you are nt
ssion fire
insurance osatisfactory to and with loss Payable too Community Developmenntc
t commission.
3. Pzypaymeat.
If you pay off early, you will not have to pay s prepayment penalty.
4. AssuUVtioa Poliey.
Someone buying your home cannot assume the remainder of your loan on its original
terms.
S. Property 2
Loan Amount
taxes and assessments affecting said property at least 10 day
File/Loan Number
6. Itemisation of funds paid to others for you from your disbursement account:
for Credit Report $— .
Financed
Finance Charge
Total of Payments
7
c. To
for Recording lees 5�----
d. To
tageou
e. To
e.
for Fumigation Cost S
To
FAnnualAmount
g. To
for contingency Amount $
h. To
I. To Community
t of your
The amount credit
The dollar amount
ill
vThe haunt aid
as a yearly
provided to you or
the credit wou
after you have
Total $
on your behalf.
cost you.
made all payments
CONKUNITY DEVELOPMENT COMMISSION
Of THE COVNTY OF LOS
as scheduled.
i
Signature(s) of Sorrower(s)
(Date)
(For 15 -year
0
figures.
Payseat schedule.
2. Security and Property Insurance.
you are giving a security interest in your home located at:
you are nt
ssion fire
insurance osatisfactory to and with loss Payable too Community Developmenntc
t commission.
3. Pzypaymeat.
If you pay off early, you will not have to pay s prepayment penalty.
4. AssuUVtioa Poliey.
Someone buying your home cannot assume the remainder of your loan on its original
terms.
S. Property 2
you must &- all
taxes and assessments affecting said property at least 10 day
before "Toot -
6. Itemisation of funds paid to others for you from your disbursement account:
for Credit Report $— .
a. To
for Appraisal $
b.
for Title Policy S
c. To
for Recording lees 5�----
d. To
for Notary i Mist $
e. To
e.
for Fumigation Cost S
To
for Rehabilitation Cost S
g. To
for contingency Amount $
h. To
I. To Community
Development Commission foo= Disbursement !N $
To
k.
forS
To
5----- ---
1. To
Total $
A Copy of Mortgage
(or Deed of Trust) will be furnished to you as promptly as
practicable.
CONKUNITY DEVELOPMENT COMMISSION
Of THE COVNTY OF LOS
ANGELES and�N*n of Agency which arranged for the Loan)
I acknowledge receipt of a copy of this statement.
Signature(s) of Sorrower(s)
(Date)
Signatures) of Borrowers)
(witness)
hsfrp.til
PROMISSORY NOTE SECURED BY DEED OF TRUST
Date: Participating City/Agency:
Operating Agency
Home Loan No.:
FOR VALUE RECEIVED, the undersigned (borrower) jointly and severally promises to pay
the Community Development Commission of the County of Los Angeles (CDC), or order of
its successors, at the CDC's office located at 2525 Corporate Place, Suite 200,
Monterey Park, CA 91754 or such other place CDC may designate by written notice to
borrower.
The principal sum of ($ )
together with interest from at the rate of 3% per year on
the unpaid principal balance. The monthly interest will be determined on the basis
of 360 -day year, and calculated based on the product of the outstanding balance on
this loan immediately prior to allocation of the monthly installment payment times
the interest rate of this Note divided by twelve. All other interest calculations on
this Note shall be made on a daily basis. Daily interest shall consist of the
product of the outstanding principal balance on this Note times the annual interest
rate divided by a 360 -day year.
On the date of the Borrower's final payment, Borrower will also pay CDC any remaining
principal balance and unpaid accrued interest. The Borrower's loan is simple
interest and fully amortized with a 15 -year term payable in 180 equal monthly
installments of $
The first payment will be due on and every lst of the month
thereafter. If payment is received after the 15th of each month, a late charge will
be assessed in the amount of $15.00.
The full unpaid principal amount and accrued interest on this Note shall be
immediately due and payable to the CDC or its successor in interest, upon transfer
of the property by sale, gift, bequest, devise, interest succession or if default
occurs in the performance of any of the agreements contained in the deed of trust
securing the Note, at the option of the CDC or its successor in interest without
demand or notice.
Borrower agree(s) to pay all costs, expenses and attorney's fees paid or incurred by
the CDC or other holder of this Note, in obtaining payment for this Note or adjudged
by a court as follows: (1) reasonable costs of collection, cost and expenses, and
attorney's f paid or incurred in connection with the collection or enforcement of
this Note, wll r or not suit is filed; and (2) costs of suit and collection, and
such sum as tW leurt may adjudge as attorney's fees in any action to enforce payment
of this Note * any part of it.
The undersigned reserve(s) the right to repay at any time all or part of the
principal amount of this Note, including unpaid accrued interest, without the payment
of penalties or premiums.
The undersigned agree(s) to pay CDC the full unpaid principal amount and accrued
interest on this Note at the time of any refinancing to obtain an increase (or
advancement or renewal) of the loan(s) secured by trust deeds dated
and recorded on as . im
UNDERSIGNED IS FULLY AWARE THAT CDC WILL NOT SUBORDINATE ITS STANDING POSITION AS
The Borrower, or his executor in the event of the death of the Borrower, shall
promptly notify the COC of the name and address of any successor to or assignee of
the Borrower.
THIS NOTE is secured by a Deed of Trust dated duly filed for
record in the office of the County, Recorder of the County of Los Angeles, State of
California.
DEMAND, protest and notice of demand are hereby waived, and the undersigned hereby
waive(s), to the extent authorized by law, all homestead and other exemption rights
which otherwise would apply to the debt evidenced by this Note.
IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as of its
date.
HPNOTE.P3I
AGENDA NO. 8.1
NO DOCUMENTATION AVAILABLE
CITY OF DIAMOND DAR
AGENDA REPORT
AGENDA NO. 8, D
TO: Terrance L. Belanger, City Manager
MEETING DATE: March 1, 1994 REPORT DATE: February 24, 1994
FROM: James DeStefano, Community Development Director
TITLE: Second Reading of Ordinance No. 1 (1994) repealing Chapter 15.30 (Housing Code) of the
Diamond Bar City Code, as heretofore adopted, adding a new Chapter 15.30 to the Diamond Bar City
Code and adopting, by reference, the Building and Property Rehabilitation Chapter 99 of Title 26 of the
Los Angeles County Building Code, 1988 Edition together with certain amendments, additions, deletions
and exceptions.
SUMMARY: On February 15, 1994 the City Council conducted a public hearing to consider the readoption
of Chapter 99 of the Los Angeles County Building Code, entitled "Building and Property Rehabilitation".
The readoption of Chapter 99 is proposed to enhance or replace existing code enforcement tools. The
ordinance will serve on an interim basis and remains in effect until July 31, 1994 unless repealed or extended.
RECOMMENDATION: It is recommended that the City Council approve second reading and adopt Ordinance
1 (1994).
LIST OF ATTACHMENTS:
_ Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's Office)
X Ordinances(s) _ Other
_ Agreement(s)
EXTERNAL DISTRIBUTION: Los Angeles County District Attorney's Office
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? majority
3. Has environmental impact been assessed? X Yes _ No
4. Has the report been reviewed by a Commission? _ 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: /
Terrce L. Belan J es DeStefano Dennis A. Tarango
City anager C6mmunity Development Director Building Official
ORDINANCE NO. 01 (1994)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR REPEALING CHAPTER 15.30 (HOUSING
CODE) OF THE DIAMOND BAR CITY CODE, AS HERETOFORE
ADOPTED, ADDING A NEW CHAPTER 15.30 TO THE DIAMOND
BAR CITY CODE AND ADOPTING, BY REFERENCE, THE
BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF
TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE,
1988 EDITION TOGETHER WITH CERTAIN AMENDMENTS,
ADDITIONS, DELETIONS AND EXCEPTIONS.
A. Recitals.
(i) Article 2 of Chapter 1 of Part 1 of Division 1 of
Title 5 (SS 50020, et seq.) of the California Government Code
authorizes the adoption, by reference, of the uniform codes.
(ii) At least one copy of each of the codes and
standards identified in this Ordinance and certified as full,
true and correct copies thereof by the City Clerk of the City
of the City of Diamond Bar have been filed in the office of
the City Clerk of the City of Diamond Bar in accordance with
the provisions of California Government Code S 50022.6.
(iii) A duly noticed public hearing, as required by
California Government Code S 50022.3, has been conducted and
was concluded prior to the adoption of this Ordinance.
(iv). All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the city Council of the City of
Diamond Bar does hereby find, determine and ordain as follows:
Section 1•
In all respects as set forth in the Recitals, Part A, of
the Ordinance.
Section 2•
Chapter 15.30 of the Diamond Bar City Code, as heretofore
adopted, hereby is repealed; provided, however, that said
repeal shall not apply to or excuse any violation thereof
occurring prior to the effective date of this Ordinance and
provided further that the uniform codes as adopted by
reference and amended by Ordinance No. 3(1992) of the City of
Diamond Bar shall continue to be applicable to substandard
buildings, substandard structures and substandard property.
Section 3•
A new Chapter 15.30 hereby is added to Title 15 of the
Diamond Bar City Code to read, in words and figures, as
follows:
"Chapter 15.30
"Building and Property Rehabilitation
"Sections:
1115.30.010
Building and Property Rehabilitation -
Adopted
1115.30.020
Section
9902 -
Amended
1115.30.030
Section
9902(8)
- Added
1115.30.040
Section
9902(h)
- Added
1115.30.050
Section
9904(0)
- Deleted
1115.30.060
Section
9905 -
Amended
1115.30.070
Section
9906 -
Deleted
1115.30.080
Section
9927 -
Amended
1115.30.010
Building
and Proverty Rehabilitation -
Adop ted
"The Building and Property Rehabilitation Chapter 99 of
Title 26 of the Los Angeles County Building Code, 1988
Edition, hereby is adopted in its entirety as the Building
and Property Rehabilitation Code of the City of Diamond Bar,
together with the amendments, additions, deletions and
exceptions set forth in this Chapter 15.30.
04,
"15.30.020 Section 9902 - Amended.
"Section 9902 of the Building and Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building
Code, 1988 Edition, hereby is amended by the deletion of
subparagraph (a) thereof and the addition of new subparagraph
(a) to read, in words and figures, as follows:
"(a) Board defined. Whenever in this Chapter 15.30 the
term Building Rehabilitation Appeals Board is used, said term
shall mean, and the powers and duties to be exercised by the
Building Rehabilitation Appeals Board shall be vested in, the
Planning Commission of the City of Diamond Bar, and whenever
in this Chapter 15.30 the term Board of Supervisors is used,
said term shall mean, and the powers and duties to be
exercised by the Board of Supervisors shall be vested in, the
City Council of the City of Diamond Bar.
"15.30.30 Section 9902(8) - Added.
"Section 9902 of the Building and Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building
Code, 1988 Edition, hereby is amended by the addition of a new
subparagraph (g) to read in words and figures, as follows:
"(g) County Engineer defined. Whenever in this Chapter
15.30 the term County Engineer is used, said term shall mean,
and the powers and duties to be exercised by the County
Engineer shall be vested in, the City Manager, or his
designee.
1115.30.40 Section 9902(h) - Added.
"Section 9902 of the Building and Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building
Code, 1988 Edition, hereby is amended by the addition of a new
subparagraph (h) to read in words and figures, as follows:
11(h) County defined. Whenever in this Chapter 15.30 the
term County is used, said term shall mean, and the powers and
duties to be exercised by the County shall be vested in, the
City of Diamond Bar.
1115.30.050 Section 9904(o) - Deleted.
"Section 9904(o) of the Building and Property
Rehabilitation Chapter 99 of Title 26 of the Los Angeles
County Building Code, 1988 Edition, hereby is deleted in its
entirety.
3
1
"15.30.060 Section 9905 - Amended.
"Section 9905 of the Building and Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building
Code, 1988 Edition, hereby is amended by the deletion of
subparagraph (k) thereof and the addition of a new
subparagraph (k) to read in words and figures, as follows:
"Garbage cans stored in front or side yards visible from
public streets, except when placed in places for collection
within twelve (12) hours before or after scheduled
collections.
1115.30.070 Section 9906 - Deleted
"Section 9906 of the Building and Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building
Code, 1988 Edition, hereby is deleted in its entirety.
"15.30.080 Section 9927 - Amended
"Section 9927 of the Building and Property Rehabilitation
Chapter 99 of Title 26 of the Los Angeles County Building
Code, 1988 Edition, hereby is amended to read in words and
figures as follows:
"Section 9927. The costs involved in the demolition or
other work by the county engineer, including in addition to
other costs the applicable processing costs as set forth in
Resolution 91-54 (Fee Schedule), shall become a special
assessment against the property.
Section 4. Penalties for Violation of Ordinance. It shall be
unlawful for any person, firm, partnership, or corporation to
violate any provision, or to fail to comply with any of the
requirements, of the Ordinance. Any person, firm, partnership, or
corporation to violate of any provision or fail to comply with any
of the requirements of the Ordinance or the Codes adopted hereby.
Any person, firm, partnership, or corporation violating any
provision of this Ordinance or the Codes adopted hereby or failing
to comply with any of their requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
4
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation
shall be deemed guilty of a separate offense for each and every day
or any portion thereof during which any violation of any of the
provisions of this Ordinance or the Codes adopted hereby is
committed, continued or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable
therefor as provided in this Ordinance.
Section 5. Civil Remedies Available. A violation of any of
the provisions of the Ordinance or the Codes adopted hereby shall
constitute a nuisance and may be abated by the City through civil
process by means of restraining order, preliminary or permanent
injunction or in any other manner provided by law for the abatement
of such nuisance.
Section 6. Severability. The City Council hereby declares
that, should any provision, section, paragraph, sentence or word
of this Ordinance or the Codes hereby adopted be rendered or
declared invalid by any final court action in a court or competent
jurisdiction, or by reason of any pre-emptive legislation, the
remaining provisions, sections, paragraphs, sentences, and words of
this Ordinance and the Codes hereby adopted shall.remain in full
force and effect.
5
Section 7. This Ordinance shall remain in effect only until
July 31, , 1994, and as of such date is repealed, unless a
later adopted ordinance, deletes or extends such date.
Section 8. The City Clerk shall certify to the adoption of
this Ordinance and shall certify to the adoption of this Ordinance
and shall cause this Ordinance to be posted in three public places
within the City of Diamond Bar pursuant to Resolution 89-6B.
ADOPTED AND APPROVED this day of
Mayor
,1994.
I, LYNDA BURGESS, City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the
, and was
finally passed at a regular meeting of the City Council of the
City of Diamond Bar held on the , by the
following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
7
City Clerk of the City of
Diamond Bar
AGENDA NO. 8.3
NO DOCUMENTATION AVAILABLE
AGENDA NO. 8.4
NO DOCUKENTATION AVAILABLE
AGMWA NO. S . 5
NO DOCUMENTATION AVAILABLE
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. +
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 1, 1994 REPORT DATE: February 23, 1994
FROM: George A. Wentz, Director of Public Works
TITLE: TDA Article 3 Allocation for Fiscal Year 1993-94
SUMMARY: For Fiscal Year 1993-94, $19,761.00 is apportioned to the City of
Diamond Bar to construct and/or improve various bicycle and pedestrian
facilities. The City of Diamond Bar proposes to use this money to construct
and improve bicycle lanes on Brea Canyon Road, between Pathfinder Road and
Diamond Bar Boulevard. In addition to completing the claim and revenue and
expense forms, the City Council must adopt a resolution by June 30, 1994,
which specifies for what purpose the TDA Article 3 funds will be utilized,
in order to be entitled to claim the allocated fund. If said fund is not
claimed, it will lapse and be reallocated for Fiscal Year 1994-95.
RECOMMENDATION: It is recommended that the City Council adopt Resolution No.
94 -XX to claim the TDA Article 3 Allocation for FY 1993-94. Further, it is
recommended that the City Clerk be directed to provide one (1) adopted copy
of the Resolution of the City Council action to the Los Angeles County
Metropolitan Transportation Authority.
LIST OF ATTACHMENTS: X Staff Report
X Resolution(s)
_ Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
_ Public Hearing Notification
_ Bid Specification (on file
in City Clerk's Office)
Other:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been
reviewed by the
City
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?
5.
Are other departments affected by the report?Yes
X
No
Report discussed with the following affected departments_: N/A
REVIEWED BY: /
-Ilu
Terrence L. elanger
City Manage
Frank M. Usher
Assistant City Manager
Geo a 'A. We tz
Dire for of is Works
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 1, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Claim of TDA Article 3 allocation for Fiscal Year 1993-94
ISSUE STATEMENT
To claim $19,761.00 of TDA Article 3 fund allocated to the City of Diamond
Bar for Fiscal Year 1993-94.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 94 -XX to claim
the TDA Article 3 allocation for FY 1993-94. Further, it is recommended
that the City Clerk be directed to provide one (1) executed copy of the
Resolution of the City Council action to the Los Angeles County
Metropolitan Transportation Authority.
FINANCIAL SUMMARY
The proposed recommendation will contribute towards the City's total
available TDA Article 3 (SB 821) fund of $180,000.
BACKGROUND/DISCUSSION
Each fiscal year, the Los Angeles County Metropolitan Transportation
Authority (MTA) allocates funding that is available under Article 3 of the
California Transportation Development Act (SB 821) to local jurisdictions.
Such funds are to be utilized to promote public transit alternatives to the
single -occupant vehicle, thus, encouraging the construction and/or
improvement of local and regional bicycle and pedestrian facilities.
The $19,761.00 allocated to the City of Diamond Bar will be utilized for
the improvement of bicycle lanes located on Brea Canyon Road between
Pathfinder Road and Diamond Bar Boulevard.
PREPARED BY:
David G. Liu
Tseday Aberra
RESOLUTION NO. 94-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING THE APPLICATION FOR BICYCLE AND/OR
PEDESTRIAN FUNDS SB 821 AND APPROVING
THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN
A. RECITALS.
(i) SB 821 provides that 2% of each county's total local
Transportation Fund be annually set aside and used to fund the
development of bicycle and pedestrian facilities; and
(ii) The City of Diamond Bar desires to construct and
maintain the master bikeway system within their city utilizing,
in part, the funds available under SB 821.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. To adopt the Bikeway System in conformance with the
specifications in CalTrans' Bikeway Planning and Design and the
Regional Mobility Plan;
2. To authorize Terrence L Belanger City Manager as the
City's authorized signature and designated contact person;
3. To apply for all available to the City of Diamond Bar
allocated for Bikeway and Pedestrian facilities (SB 821); and
4. To maintain, or cause to be maintained in safe
condition, all facilities whose construction is wholly or
partially funded by the requested allocation of SB 821 funds.
PASSED, APPROVED and ADOPTED this day of
MAYOR
1994.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, adopted,
and approved at a regular meeting of the City Council of the City
of Diamond Bar held on day of
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:
, 1994 by the
City Clerk
City of Diamond Bar
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 1, 1994 REPORT DATE: February 23, 1994
FROM: David G. Liu, Senior Engineer
TITLE: Rehabilitation of Diamond Bar Boulevard from Grand Avenue to Brea
Canyon Road.
SUMMARY: Diamond Bar Boulevard between Grand Avenue and Brea Canyon Road is
in need of pavement rehabilitation. The existing pavement condition for
Diamond Bar Boulevard must be analyzed and evaluated in order to determine
the most practical and economical approach for the roadway improvements.
Based on the findings of the pavement evaluation, plans and specifications
for the subject project will be designed accordingly. Staff has received and
evaluated fourteen (14) proposals for the design services of subject project.
RECOMMENDATION: It is recommended that the City Council award a design
services contract to Nolte and Associates, Inc. in an amount not to exceed
$79,953. .
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution Bid Specification (on file in
City Clerk's Office)
Ordinances(s) X Agreement(s)
Other:
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed Yes X No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
Majority
3. Has environmental impact been assessed?
Yes X No
4. Has the report been reviewed by a Commission?
Yes X No
Which Commission?
5. Are other departments affected by the report?
Yes X No
Report discussed with the following affected
departments:
REVIEWED BY:
Terrence L. B langer Frank M. Usher David
G. iu
City Manage Assistant City Manager Senior
Engineer
CITY COUNCIL REPORT
MEETING DATE: March 1, 1994
AGENDA NO.
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Rehabilitation of Diamond Bar Boulevard from Grand Avenue to
Brea Canyon Road
ISSUE STATEMENT
The .City proposes to rehabilitate Diamond Bar Boulevard between Grand
Avenue and Brea Canyon Road. To accomplish the improvements, it is
necessary to secure the services of a qualified pavement testing and civil
engineering firm to provide pavement analysis and design services.
RECOMMENDATION
It is recommended that the City Council award a design services contract to
Nolte and Associates, Inc. in an amount not -to -exceed $79,955 plus a
contingency amount of $5,000.
FINANCIAL SUMMARY
A total of $900,000.00 has been budgeted for Diamond Bard Boulevard at this
time. This project is funded by Gas Tax Funds, Proposition C Fund and SB
821 Fund. The proposed fee is approximately 9% of the total allocated
project budget of $900,000.00.
/DISCUSSION
Diamond Bar Boulevard, between Grand Avenue and Brea Canyon Road, is in
need of pavement rehabilitation. To determine the most practical and
economical approach for restoring the street to full function, the existing
pavement on Diamond Bar Boulevard must be tested, analyzed, and evaluated
prior to any pavement design work. It is anticipated that the varied
conditions of the existing roadway paving may result in optional
rehabilitation treatments (i.e., overlay, asphalt rubber hot mix, etc.).
Once the design is complete, staff proposes to bid the project and
recommend appropriate award to the City Council based on available funds
and anticipated improvements.
On January 6, 1994, staff initiated a request for proposals to procure a
civil engineering firm for the design services of the project. A total of
fourteen (14) engineering proposals were received and evaluated by the
Selection Committee.
The Selection Committee consisted of three (3) staff members, Frank Usher,
David Liu, Anne Garvey and the Chairman of the Traffic and Transportation
Commission, Todd Chavers. Based on project understanding and approach to
design tasks by the Consultants, the Selection Committee invited four (4)
firms for interview and further consideration on February 14, 1994. These
firms are as follows:
1. ASL Consulting Engineers
2. Dwight French and Associates
3. Nolte and Associates, Inc.
4. UMA Engineering, Inc.
Evaluation based on demonstrated track record, adequate number of qualified
staff assigned to the job, experience of key team members, ability to work
with City staff, knowledge of local conditions, involvement with related
projects, ability to keep on schedule, ability to stay within budget and
demonstrated interest by the consultants were utilized. Additionally, for
the interview, emphases were placed on pavement analysis, traffic control,
aerial survey and quality assurance.
Based upon their presentations and proposals, the Selection Committee
believes that the scope of work and related services of Dwight French and
Associates and Nolte and Associates, Inc. represent the best choices.
Nolte's utilization of specialized sub -consultants for the pavement
analysis/ evaluation phase and the preparation of traffic control plans for
this major arterial displays a thorough understanding of this project's key
requirements. Proposed fees from Dwight French and Associates and Nolte
and Associates, Inc. are $85,492 and $79,953, respectively. Design is
scheduled to be completed within three (3) months from the date of Notice
to Proceed.
Prepared By:
David Q. Liu
DRA
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this day of
, 1994, between the City of Diamond Bar, a
Municipal Corporation (hereinafter referred to as "CITY") and
Nolte and Associates, Inc. (hereinafter referred to as
"CONSULTANT").
A. Recitals.
(i) CITY has heretofore issued its Request for Proposal
pertaining to the performance of professional services with
respect to the Rehabilitation of Diamond Bar Boulevard from Grand
Avenue to Brea Canyon Drive ("Project" hereafter).
(ii) CONSULTANT has now submitted its proposal for the
performance of such services, a full, true and correct of which
proposal is attached hereto as Exhibit "A" and by this reference
made a part hereof.
(iii) CITY desires to retain CONSULTANT to perform
professional engineering 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) Project: The preparation of described in of
maps, survey, 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.
(b) Services: Such professional engineering
services as are necessary to be performed by CONSULTANT in order
to complete the Project.
(c) Completion of Project: 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 will be determined by the CITY.
2. CONSULTANT agrees as follows:
(a) CONSULTANT shall forthwith undertake and
complete the project in accordance with Exhibits "A" hereto and
all in accordance with Federal, State and CITY statues,
regulations, ordinances and guidelines, all to the reasonable
satisfaction of CITY and in accordance to the standard of care
normally provided by practitioners of the engineering profession.
FO
(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" to CITY within the time
specified by the CITY. 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 $79,953
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
3
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 thirty (30)
days of receipt of CONSULTANT invoices. The CONSULTANT shall
detail the charges by task number, hours worked, and employee
classifications, total not to exceed amount for the project if it
is a time -and -material basis project, and percent completed if it
is a lump sum basis project. All charges shall be in accordance
with CONSULTANT's proposal either with respect to hourly rates or
lump sum amounts for individual tasks.
(c) CONSULTANT agrees that, in no event, shall
CITY be required to pay to CONSULTANT any sum in excess of 90% 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 sixty (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 "A" hereof, shall
be paid on a reimbursement basis. Charges for additional
services shall be invoiced on a monthly basis and shall be paid
by CITY within thirty (30) days after said invoices are received
4
by CITY.
4. CITY agrees to provide to CONSULTANT:
(a) Information and assistance 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. CONSULTANT shall not be held
liable for use of such documents by CITY for purposes other than
intended by the Agreement.
6. Termination: This Agreement may be terminated by
CITY upon the giving of a written "Notice of Termination" to
5
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 "A",
on a pro -rata basis with respect to the percentage of the Project
completed as of the date of termination. In no event, however,
shall CONSULTANT receive more than the maximum specified in
paragraph 3(a), above. CONSULTANT shall provide to CITY any and
all documents, data, studies, 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: David G. Liu, P.E.
Department of Public Works
City of Diamond Bar
21660 E. Copley Drive, Suite 190
Diamond Bar, CA 91765
CONSULTANT: Leroy L. Saage, P.E.
Nolte and Associates, Inc.
120 Columbia, Suite 600
Aliso Viejo, CA 92656
Any such notices, demands, invoices and written communications,
by mail, shall be deemed to have been received by the addressee
11
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 subconsultant to commence work on a
subcontract until all insurance required of the subconsultant 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 subconsultants 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."
7
(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 property damage, bodily injury or death to
any one person or for any one accident or occurrence and One
Million Dollars ($1,000,000.00) aggregate.
(c) Errors and Omissions: CONSULTANT shall take
out and maintain at all times during the life of this Agreement,
a policy or policies of insurance concerning errors and omissions
("malpractice") providing protection of at least One Million
Dollars ($1,000,000.00) per claim and in the aggregate for errors
and omissions ("malpractice") with respect to loss arising from
actions of CONSULTANT performing the Project hereunder on behalf
of CITY.
(d) General Insurance Re irements: 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
P
extent obtainable that: (1) the insurer, except the errors and
omissions 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 legal costs and attorneys' fees,
in any manner arising out of the negligent, intentional and/or
willful acts and/or omissions of CONSULTANT pursuant to this
Agreement, including, but not limited to, all consequential
damages, to the maximum extent permitted by law.
10. Assignment: No assignment of this Agreement or of
any part or obligation of performance hereunder shall be made,
either in whole or in part, by CONSULTANT without the prior
written consent of CITY.
11. Damages: In the event that CONSULTANT fails to
submit to CITY the completed project, together with all documents
and supplemental material required hereunder, in public hearing
form to the reasonable satisfaction of CITY, within the time set
forth herein, or as may be extended by written consent of the
parties hereto, CONSULTANT shall pay to CITY, as liquidated
damages and not as a penalty, the sum of Two Hundred dollars
($200.00) per 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. Governing Law: This Agreement shall be governed
by and construed in accordance with the laws of the State of
California.
14. Attorney's Fees: In the event any legal
proceeding is instituted to enforce any term or provision of the
Agreement, the prevailing party in said legal proceeding shall be
entitled to recover attorneys' fees and costs from the opposing
party in an amount determined by the court to be reasonable.
10
15. Mediation: Any dispute or controversy arising
under this Agreement, or in connection with any of the terms and
conditions hereof, shall be referred by the parties hereto for
mediation. A third party, neutral mediation service shall be
selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto.
In the event the parties are unable to mutually agree upon the
mediator to be selected hereunder, the City Council shall select
such a neutral, third party mediation service and the City
Council's decision shall be final. The parties agree to utilize
their good faith efforts to resolve any such dispute or
controversy so submitted to mediation. It is specifically
understood and agreed by the parties hereto that referral of any
such dispute or controversy, and mutual good faith efforts to
resolve the same thereby, shall be conditions precedent to the
institution of any action or proceeding, whether at law or in
equity with respect to any such dispute or controversy.
16. Entire Agreement: This Agreement supersedes any
and all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement,
or promise not contained in this Agreement shall be valid and
binding. Any modification of this Agreement shall be effective
only if it is in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed
11
this Agreement as of the day and year first set forth above:
CONSULTANT:
Nolte and Associates, Inc.
Name and Title
Approved As To Form:
CITY OF DIAMOND BAR
City Attorney
ATTEST:
City Clerk
12
Mayor
ROM:NU_TE RND HS�PJL..H m�) _. i,!"=I _b:.—_:.:.� -{ 2�. 1y5G 5:24PM '.es
DRAFT::
this MM*am Wt 'as of the day and year first sot forth abova:
Eoi Associates, Ino.
Ler L. Saa e
' Nrtiae • .
Approved. As To Forms
CITY OF DIAMOND MR
C ity Att=*y
mayor
ATTEST:`
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AGENDA NO. 9.3
NO DOCUMENTATION AVAILABLE
City of Diamond Bar
Meeting Agenda For
PRIVATE March 1, 1994
1. CALL TO ORDER: 7:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR WERNER
Friday: February 25, 1994
Page: 1
ROLL CALL: COUNCIL MEMBERS ANSARI, PAPEN, MILLER, MAYOR PRO
TEM HARMONY, MAYOR WERNER
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
2.1 PRESENTATION OF CITY TILES TO OUTGOING PLANNING, PARKS &
RECREATION AND TRAFFIC & TRANSPORTATION COMMISSIONERS
2.2 OATHS OF OFFICE TO PLANNING, PARKS & RECREATION AND
TRAFFIC & TRANSPORTATION COMMISSIONERS.
Requested by City Clerk
2.3 PROCLAMATION DESIGNATING THE MONTH OF MARCH 1994 AS "WOMEN'S HIS
ORY MONTH"
3. PUBLIC COMMENTS:
4. COUNCIL COMMENTS:
5. SCHEDULE OF FUTURE EVENTS:
5.1 GENERAL PLAN ADVISORY COMMITTEE - MARCH 8, 1994 - 7:00 P.M.,
Heritage Park Community Center, 2900 S. Brea Canyon Rd.
5.2 TRAFFIC & TRANSPORTATION COMMISSION - MARCH 10, 1994 - 6:30 P.M.
AQMD Hearing Room, 21865 E. Copley Dr.
5.3 PLANNING COMMISSION - MARCH 14, 1994 - 7:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
5.4 CITY COUNCIL MEETING - MARCH 15, 1994 - 7:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES:
6.1.1 REGULAR MEETING OF JANUARY 18, 1994 - APPROVE AS SUBMITT
Requested by City Clerk
6.1.2 REGULAR MEETING OF FEBRUARY 1, 1994 - APPROVE AS SUBMITTE
Requested by City Clerk
6.2 PLANNING COMMISSION MINUTES - REGULAR MEETING OF JANUARY 24, 199
- Receive & File.
Requested by Community Development Director
City of Diamond Bar Friday: February 25, 1994
Meeting Agenda For Page: 2
PRIVATE March 1, 1994
6.3 TRAFFIC & TRANSPORTATION COMMISSION - REGULAR MEETING OF DECEMBE
16, 1993 - Receive & File.
Requested by City Engineer
6.4 PARKS & RECREATION COMMISSION -
6.4.1 REGULAR MEETING OF SEPTEMBER 30, 1993 - RECEIVE & FILE
6.4.2 REGULAR MEETING OF OCTOBER 28, 1993 - RECEIVE & FILE
6.4.3 REGULAR MEETING OF NOVEMBER 18, 1993 - RECEIVE & FILE
6.4.4 REGULAR MEETING OF DECEMBER 16, 1993 - RECEIVE & FILE
6.4.5 REGULAR MEETING OF JANUARY 27, 1994 - RECEIVE & FILE
(6.5 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED MARCH 1, 1994
in the amount of $642,809.05.
Requested by City Manager
6 6 TREASURER'S REPORT - RECEIVE & FILE TREASURER'S REPORT FOR MONTH
of January, 1994.
Requested by City Manager
6,,-1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE C
/ TY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF TRAFFIC SIGNALS AT DIAMOND BAR BOULEVARD AND
FOUNTAIN SPRINGS ROAD AND AT DIAMOND BAR BOULEVARD AND SHADOW
CANYON DRIVEIN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The Diamond Bar
Blvd. at Fountain Springs and Shadow Canyon intersections
have been identified and warranted for traffic signals.
Plans and specifications for the project have been prepared.
Recommended Action: It is recommended that the City Council
adopt Resolution No. 94 -XX approving the plans and
specification for traffic signal construction on Diamond Bar
Blvd. at Fountain Springs Dr. and Shadow Canyon Dr. and
authorize the City Clerk to advertise to receive bids.
6.8 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR SUPPORTING HOME HOUSING REHABILITATION
LOAN PROGRAM - (Application to CDC to participate) -
Recommended Action:
Requested by Community Development Director
7. PUBLIC HEARINGS: NONE
City of Diamond Bar Friday: February 25, 1994
Meeting Agenda For Page: 3
PRIVATE March 1, 1994
8. OLD BUSINESS:
8.1 REPORT FROM CHIEF LOCKHART WITH L.A. COUNTY FIRE DEPARTMENT RE:
SLOW RESPONSE TIME BY FIRE DEPARTMENT DURING EXPLOSION AT
J CIMARRON OAKS -
Requested by MPT/Harmony and City Manager
8Z& -*'-ORDINANCE NO. 01(1994): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR REPEALING CHAPTER 15.30 (HOUSING
CODE) OF THE DIAMOND BAR CITY CODE, AS HERETOFORE ADOPTED,
ADDING A NEW CHAPTER 15.30 TO THE DIAMOND BAR CITY CODE AND
ADOPTING, BY REFERENCE, THE BUILDING AND PROPERTY
REHABILITATION CHAPTER 99 OF TITLE 26 OF THE LOS ANGELES
COUNTY BUILDING CODE, 1988 EDITION TOGETHER WITH CERTAIN
AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS. Second
Reading.
Recommended Action: Waive full reading and adopt Ordinance
No. 01(1994).
Requested by Mayor/community Development Director
8.3 PARKS & RECREATION COMMISSION APPOINTMENT - APPOINTMENT TO
v the Parks & Recreation Commission by Mayor Pro Tem Harmony
S� 8.4 PROGRESS REPORT ON GENERAL PLAN ADVISORY COMMITTEE -
Li
.Requested by M/Werner
8.5 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY
Requested by MPT/Harmony
9. NEW BUSINESS:
Y-1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE C
TY OF DIAMOND BAR APPROVING THE APPLICATION FOR BICYCLE
AND/OR PEDESTRIAN FUNDS SB821 AND APPROVING THE ADOPTION OF
ITS BICYCLE AND/OR PEDESTRIAN PLAN - $19,761 is allocated in
the FY 93-94 budget for construction and/or improvements to
various bicycle and pedestrian facilities. The City proposes
to use these funds to construct and improve bicycle lanes on
Brea Canyon Rd. between Pathfinder Rd. and Diamond Bar Blvd.
In addition to completing claim, revenue and expense forms,
the Council must adopt a resolution no later than June 30,
1994 specifying the purposes for which TDA Article 3 funds
will be utilized in order to be entitled to claim the
allocated fund. If said fund is not claimed, it will lapse
and be reallocated for FY 94-95.
City of Diamond Bar Friday: February 25, 1994
Meeting Agenda For Page: 4
PRIVATE March 1, 1994
9.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE C
Recommended Action: It is recommended that the City Council
adopt Resolution No. 94 -XX in order to claim the TDA Article
3 allocation for FY 93-94 and that the City Clerk be directed
to provide a copy of the Resolution to the L.A. County
Metropolitan Transportaton Authority.
Requested by City Engineer
Z
9REHABILITATION OF DIAMOND BAR BLVD. FROM GRAND AVE. TO BREA CANY
N ROAD - Diamond Bar Blvd. between Grand Ave. and Brea Canyon
Rd. is in need of pavement rehabilitation. The existing
pavement must be analyzed and evaluated in order to determine
the most practical and economical approach for improvements.
Based on the findings of the evaluation, plans and
specifications for the project will be designed accordingly.
Staff has received and evaluated fourteen proposals for the
design services.
Recommended Action: It is recommended that the City Council
award a design services contract to Nolte & Associates, Inc.
in an amount not to exceed $79,953.
Requested by City Engineer
9.3 AD HOC CABLE TV COMMITTEE (CITY COUNCIL SUB -COMMITTEE)
Recommended Action: p,,rri Y7l pih..��- 5 c7
C&A;'I.Q_ T V C�. CL44.td.L Car,-�
Requested by Mayor
10. ANNOUNCEMENTS:
11. CLOSED SESSION: MAY CONVENE TO CONSIDER: MATTERS OF PENDING
Litigation (G.C. 54956.9) Diamond Bar Associates v. City
12. ADJOURNMENT:
To March 7, 1994 at 7:00 p.m.