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HomeMy WebLinkAbout04/05/1994cit� �iC coult AGENDA Tuesday, April 5, 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 II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses re cled paper and encourages you to do the same. MISSION STATEMENT The City Council meeting is the forum established to conduct the business of the City of Diamond Bar, its citizens, property owners, and businesses. The City Council has chosen to conduct its business meetings in a televised, open forum. This has been done to assure that all community members are kept informed as to the status of City business. It is the Council's objective to conclude the business stated on the evening's agenda by a reasonable hour, which is 11:00 P.M. To accomplish tonight's objectives, the City Council requests that: 1. Public comments may be directed to items of interest within the subject matter, jurisdiction of the Council, which are not on this evening's agenda. 2. Public comments be directed to the business items on this evening's agenda. 3. There are to be no personal attacks toward individual members of the City Council. Such comments are viewed as personal attacks against the entire City Council and will not be tolerated. 4. There are to be no personal attacks from an individual Council member. Such are viewed as personal attacks from the entire City Council, which are not conducive to a positive business meeting environment; and, will not be tolerated. The Diamond Bar City Council appreciates your cooperation. Next R8sO1uL1vi1 '•w- -- -- Next Ordinance No. 02(1994) 1CALL TO ORDER: 7:00 P.m - PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Council Mayor Pro Tem Harmony PM Mayor Miller, Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 Proclaiming April 4 - 10, 1994 as Public Health Week celebration MIND•of PUBLICTHY ENV HEALTHNOWo'�ENT, H 3. PUBLIC COMMENTS: "Public Comments" is thetime lan reserved on each regular meeting agenda to address the opportunity for members of the public to directly ters Of interest to Council on Consent Calendaralready scheduledtfor consideration on the public that are net � ,� cY; �� t „�� e a Sneaker's Cn� i this agenda. , _ L :..- -� F *h i s f orm ,_ s flunt _ �r�There- 2 L.. Council. Items raised by individual Council - 4. COUNCIL COMMENTS: be given at members are for Council discussion. Direction may this meeting or the item may be scheduled for action at a future meeting. 5• SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission - April 11, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr- April 12, 1994 - 7:00 5.2 General Plan Advisory Committee - p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. - April 14, 1994 - 5.3 Traffic & Transportation Commission p Copley Dr. AQMD Board Hearing 21865 E. p Y 6:30 p•m-, April 17, 1994 - 1:00 p.m• 5.4 5th Anniversary Celebration - Ivan Glen Dr. to Dusk, Peterson Park, 24142 sylvan - 7.00 p.m•, AQMD 5.5 City Council Meeting - April 19, Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 1994 - Approve 6.1.1 Regular Meeting of February 15, as submitted. APRIL 5, 1994 PAGE 2 6.1.2 Regular Meeting of March 1, 1994 - Approve as submitted 6.1.3 Regular Meeting of March 15, 1994 - Approve as submitted Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES - Regular Meeting of February 28, 1994 - Receive & file. Requested by: Community Development Director 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of February 10, 1994 - Receive & file. Requested by: City Engineer 6.4 VOUCHER REGISTER - Approve Voucher Register dated April 5, 1994 in the amount of $723.805.02. Requested by: City Manager 6.5 REJECTION OF CLAIMS: 6.5.1 Filed by William Lyon Company on March 8, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5.2 Filed by Kent and Bennie Sorrells on March 9, 1994. Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5.3 Filed by Marina Contractors, Inc. on March 21, 1994. Reject request and refer matter for further action to City Attorney. Requested by: City Clerk 6.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION/MODIFICATION OF HANDICAP ACCESS RAMPS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - During the 1993-94 L.A. Urban County CDBG (Community Development Block Grant) Program grant cycle, $82,980 in federal funds was approved and allocated toward the modification of handicap access ramps at certain APRIL 5, 1994 PAGE 3 locations on:Diamond Bar Blvd., Golden Springs Dr. and Fernhollow Dr. Staff has prepared bid specifications for the construction/modification of handicap access ramps at various locations. Recommended Action: Adopt Resolution No. 94 -XX approving bid specifications for Construction/Modification of Handicap Access Ramps at various locations and authorize the City Clerk to advertise the project for bids. Requested by: City Engineer ALO INSTALLED 6.7 ACCEPTANCE OF IRRI yACOAST YLANDSCAPESTEM ANDTREES CONSTRUCT ON, INC NG ROUTE 60 FREEWAY B their regular meeting of July 6, The City Council, at irrigation awarded system and planting of trees ract for aal ng Rte. t60 irrigation ythe lowest Freeway to Coast Landscape Construction, Inc., nd is responsible bidder. The work has Beginning been completed a1,a1994, ready to be accepted by the City. the portion of this project located on 60 Freeway right-of-way will be maintained by CalTrans. Recommended Action: It is recommended that the City Council accept the work performed by Coast Landscape Construction, Inc. and authorize the City Clerk to file the proper Notice of Completion. Requested by: Community Services Director 6.8 AWARD OF BID FOR TRAFFIC SIGNAL INSTALLATION SHADOW CANYON AND FOUNTAIN SPRINGS - On March 1, 1994, the City Council authorized staff to advertise for bids for the installation of traffic signals on Diamond Bar Blvd. at Fountain Springs and Shadow Canyon Dr. At this time, the City proposes to award a contract to the lowest responsible bidder, Macadee Electrical Construction. Recommended Action: It is recommended that the City Council awar n amount not tooexceed $121,747.251cal and Construction an of $12,000. provide a contingency Requested by: City Engineer 6.9 RESOLUTION OF THE CITYOF DIAMOND BAR APPOINTING MAYOR WERNER AND MAYOR PRO TEM HARMONY AS DELEGATES TO A WILDLIFE CORRIDO CONSERVANCY STUDY GROUP. Recommended Action: Adopt Resolution No. 94 -XX appointing M/Werner and MPT/Harmony to a wildlife corridor conservancy study group. Requested by: MPT/Harmony PAGE 4 APRIL 5, 1994 7. PUBLIC RMINGS: THE CITY OF 94 -XX: A RESOLUTION OF TO BE IN 7.1 RESOLUTION NO'CALIFORNIA, FINDING THE CITY DIAMOND BAR,IN CONFORMANCE WITH THE CONGESTION MANAGEMENT REPORT, 9 AND ADOPTING THE CMP LOCAL Congestion Management ACCORDANCE WITH, 9RNMENT CODE SECTION to - In compliance with county, the City is required program (CMP) for L.A. our conformance with This includes the jurisdiction adopt a resolution self -certifying countrywide the CMP by May 1, 1994' in the documenting its participation annual submittal of deficiency plan, accomplished through a local implementation report, recommended that the City Recommended Action: It is receive testimony and Council open the Public Hearing, adopt Resolution No. Requested by: City Engineer XX (1994): AN ORDINANCE OF THE CITY 7.2 ORDINANCE NO. ADDING NEW CHAPTER 22.54 COUNCIL OF THE CITY OF DIAMONBY BAR AMENDING TITLE 22 to CO g Due THE LOS ANGELES COUNTY COD the deteriorating AND ESTABLISHING PROP MAINTENANCE STANDARDS a number of complaints commercial and condition Of residential, commission has drafted property in the City, the Planning City Council's Ordinance or a property Maintenance review and approval. Recommended Action: It is recommended that the � City take testimony, Council open the Public Hearing, b title only and approve for first reading Y of the Los full reading XX (1g94) amending Title 22 and ordinance No. adding a new Chapter 22.54 Angeles County Code by Recommended establishing Property Maintenance Standards. by the Planning Commission. Requested by: Community Development Director g, OLD BUSINESS: 01 (1994) - AN ORDINANCE ADDING A 8.1 SECOND READING OF ORDINANCE NO. CITY CODE AND OF THE CITY COUNCIL TO TH THE DIAMOND I14OND B D/ PROPERTY NEW CHAPTER 15.38 To THE BUILDING AN ADOPTING, BY ILITATION CHAPTER 99 OF TTION TOGETHER WITH LOS CERTAIN REHAB19 8 8 EDI AND EXCEPTIONS , COUNTY BUILDING CODE, DELETIONS AMENDMENTS, ADDITIONS, _ Continued from March 15, INCLUDING FEES AND PEN, 1994, the Council conducteder 99 1994. on February 15, tion of Chap public hearing to consider the , entitled "Building and of the L.A. County Building Code, property Rehabilitation." The readoption of Chapter 99 Prop Y APRIL 5, 1994 PAGE 5 is proposed to enhance or replace existing code enforcement tools. The ordinance will serve on an interim basis andremain extended. until September 2, 1994 unlessrepealed Recommended Action: Approve for 2nd reading by title only and adopt Ordinance No. 01 (1994). Requested by: Community Development Director 8.2 PROPOSED SANITARY SEWER ASSESSMENeT ISTRICT FOR THE Do form a sanitary COUNTRY SEWERS - It has been propos in "Thefprogress d to the country." gT is sewer assessment district with t is being presented to up status repor to date and alternatives that are available as the proposed District is being finalized. Recommended Action: It is recommended tha th000 ito Council authorize an expenditure of up Klienfelder, Inc. to update their report dated ApreStlo 1992, direct staff to proceed with the formal requ annex the proposed District into L.A. County Sanitation District #21 and to proceed with completion of the Engineer's Report at the appropriate time. Requested by: City Engineer 8.3 SOUTH POINTE MASTER PLAN - Request by j. C. Dabney & Associates for further aster consideration n deration and processing of the South Point Requested by: J.C. Dabney & Associates POINTESOUTH 8.3.1 BIOLOGICAL ASSRO ESSMENTT O WILDLIFE MOVEMENT IOL CORRIDORS. Recommended Action: Approve if necessary. Requested by: Mayor 8.4 CLOSED SESSION (Litigation, G.C. 54956.9) AND, IF APPLICABLE, RECONSIDERATION OF VESTING TENTATIVE TRACT MAP 47850. Recommended Action: Adopt motion to reconsider. Requested by: City Council 8.5 UPDATE ON CITY'S 5TH ANNIVERSARY CELEBRATION. Requested by: Community Services Director 8.6 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY APRIL 5, 1994 9. PAGE 6 ATTORNEY. Requested by: MPT/Harmony NEW BUSINESS ITY .1 AWARD OF CONTRACT FOR PRODUCTION Nunity S��e ter and 9 The SummerJune NEWSLETTER -a Request for Recreation Guide is scheduled short timeb limit ributed y 1, 1994. Due to th Proposal (RFP) was prepared and sent a five s were who Prop newsletters. Three proposals After produce community responsive received, reviewed and the firms interviews review, staff recommends that the rewes are thepSummer bidder t e awarded Newsletter. he contract to prepare Community Recommended Action: It t recommended that hof Cthe Council award the contract for the productionInc, in an amount Summer Newsletter 130.00BSI aConsu authorize the Mayor to sign not to exceed $9� Agreement the Professional Services Requested by City Manager 9.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING ESTBOUND EAPPROAC ES OF LANES ON THE EASTBOUND FT AND THROUGH AN ND BAR BOULEVARD AN ON THE NORTH SIDE OF MOUNTAINLAUREL A�100 FEET F RED CURB IN DRIVE AND DIAMOND INSTALLING MOUNTAIN LAUREL WAY BETWEEN SILVER R1994, the Traffic & BAR BOULEVARD - On February recommended Transportation Commission reviewed and through lanes on approval of a plan to create roachesft andof ountain Laurel the eastbound and westboundin addition, plans to install Way at Diamond Bar Blvd. were urel 100 ft. of red curb on, thenorth and Diamond Bar Blvd. were Way between Silver Rai reviewed. that the City Recommended Action: It is recommended ablishing left and Council adopt Resolution No. 94 westbound apprXX est oaches of through lanes on eastbound Mountain Laurel Way. Requested by City Engineer 9 .3 DISCUSSION REGARDING AD HOC LIBRARY FUNDING COMMITTEE Requested by: C/Ansari 10. ANNOUNCEMENTS: 11. ADJOURNMENT: CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OB 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 Wednesday, April 5, 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 proper City Council, to be held on April 5, 1994 was posted locations. I declare under penalty of perjury under the laws of the and correct and State of California that the foregoing is true that this Notice and Affidavit was executed this 1st day of April, 1994, at Diamond Bar, California. S L nda Bur ess Lynda Burgess, City Clerk City of Diamond Bar VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL nNaA! Ima 3ANI I iTEN NO DATE : TO: Cityc -(JN / / FROM: ✓ V N C L L �� L/ ADDRESS: Z Z-S U 7 L A" ORGANIZATION: T ( o-EW11 — (Df, SUBJECT: T6^3N t< -k _ k- 7 c WIr I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and addr s as wr'tten 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. TO DDR g Upon recognition Fi c COUNCIL Your name and from t:he: Mayor, discuss, address aid Please walk to Following Proceed to comment the microphone and state any member ou wis to of the g discu;;sion and upon the agenda item audience who wishes to s° a vote, the Mayor will re ognlze You are welcome to peak on the subject. conduct of public busines,tend all City Council is appreciated. meetings and your interest in the * Those who * public wish to speak on agenda s ************* *Speaker's Cards or discussions ub7ects scheduled as * at the desk of may complete voluntary * council the City Clerk. * five rules call for each s * (5) minutes. Peaker to limit remarks to * The audience * Chambers. is requested to * Standingbe seated in the * hibited. Thank °r obstructing of aisles is°uncil you. ********** pro- * **************************** * ******* VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO.'2.. DATE: `"l 5�-q TO: City Clerk FROM: E'`� 12 r2-0, 4 -yo ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the council are recognized and to ensure correct spelling of names in the Minutes. " ..11 i �cuNCIL Upon recognition from the Mayor, Please walk to the microphone and state Your name and address and discuss. FollowingProceed to s comment upon the agenda item you wish to prior to a vote, the Mayor will recognize any member of the audiencewho wishes to s peak on the subject. You are welcome to attend all City ciated meetings and your interest in the conduct of public business is ap *************************************************************** * Those whowi * sh to speak on agenda subjects scheduled as *** * Public hearings or discussions may * Speaker's Cards at the desk of the CitylClerk�luntary * Council rules call for each speaker to limit remarks * five (5) minutes. * ks to fi* * The audience is re * Chambers. Quested to be seated in the Council * hibited. Standing or obstructing * Thank you, g of aisles is pro- *************************************************************** * * VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: pOS L:'J L7.C1�e2S I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and a4zjress written above. S ure 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. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * * ****************************************************************** VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Cler FROM: A l <w 1 1n IU ADDRESS: 5, 0(00-� W " ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as r wr'tte� above. it u 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. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor., please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * ****************************************************************** VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO..� DATE: / TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: Awt Own tf- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and 4ddress ap written above. ture NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * * ****************************************************************** VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. 8, 2, DATE: TO: City Clerk FROM: ADDRESS: �'� D �D ,�✓A 1 �o NS e1 /� �% ORGANIZATION: Y SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written ae. 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 recognised and to ensure correct spelling of names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Counall rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. ****************************************************************** SS THE VOLUNTARY REQUEST TOENDARi AGENDA TEM Np•CITY COUNCIL DATE: City Clerk TO : 0 FROM: p n t� S� S v�-►� �� ADDRESS: � ,l ORGANIZATION: SUBJECT: ect agenda item. °�► the Please have the I expect to address the CouncIm ress as subj rit en above. Council Minutes reflect my �� i' Signature Council. This attend meetings and address the cityarsons NOTE. wishing • All persons mayist the Mayor in ensuring that all persons of form is intended to ass to address the Council are recoQnlSed and to ensure CO rrec s names in the Minutes- Upon recognition from the Mayor,p ease walk to the microphone and state � y `'VV1V1-1L Your name and address and proceed to comment upon the agenda item you discuss. Following discussionand any member of the audience who wishsl to speak oon, the subjecthe t. You recognize You are welcome to attend all City Council meetin s and your interest in the conduct of public business is appreciated. g * Those who wish to s * peak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * Council rules call for each speaker to limit remarks to * five * (5) minutes. * The audience is re * Chambers. quested to be seated in the Council * Standing or obstructing of aisles is pro- hibited. Thank you. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. .I DATE: S f'` TO: City Clerk (� FROM: 0000 L. ADDRESS: ORGANIZATION: ,l �Oi UN�q 1e D SCho� ls,{ 4 SUBJECT: SO I expect to address the Council he su agenda item. Please have the Council Minutes reflect my na addr s w itten 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. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * Council rules call for each speaker to limit remarks to * five (5) minutes. * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- * hibited. Thank you. * * * ****************************************************************** VOLUNTARY RE REGAQUEST TO ADDRESS THE RDING AGENDA ITEM NO,CITY COUNCIL DATE: TO: City Clerk _ tial of FROM: ADDRESS: ORGANIZATION: rz- SUBJECT: I expect to address the council on the subject wr n ten abovea item. please have the P name and,ar� Council Minutes reflect my /--3 � " n _ 0 Signature the Cit Council. This NOTE: All persons may attend meetings and address all arsons wishing form is intended toassist he mayor izedlandntoring ensureacorrOct spelling of to address the Council names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL ion from the Mayor, please walk to the microphone an d state Upon recognityou wish to your name and address and proceed to comment upon th t the Mayorwill recognize discuss. Following discussion and prior to a vote, any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. *************************************subjects*scheduled*as**** * Those who wish to speak on agenda * public hearings or discussions may COMP lClerk ete voluntary * Speaker's Cards at the desk of the City * Council rules call for each speaker to limit remarks to * five ( 5 ) minutes. ** * e is requested to be seated in the Council The audienc * g or obstructing of aisles is pro- Chambers. Standin * hibited. Thank you. * VOLUNTARY REQUEST To ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: city Clerk FROM: ADDRESS: n`�0� `I 5 (x i(,1/ (� oy ORGANIZATION: �0�,11 Vl PU 11�1tP ?111 GlG1 �e C-3C,hc7p SUBJECT: of"C1VIV1 q : kcniuyn 1 OT dyi- at Euut�l I expect to add"i t the Council on the subject agenda item. Please Council Minutes reflect my name and address as written above, have the l� Signature NOTE: All ,persons may attend meetings and address the City Council. This form is intended to assist the Mayor in the that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Counct2 rules call for each speaker to limit remarks to * five (5) minutes. * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * * VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO._ DATE: To: City Clerk FROM: ADDRESS: ORGANIZATION: �� y SUBJECT: I expect to ad on the subject agenda item. Y name and address as Please have the Council Minutes reflect m tr�tten above. NOTE: Signature All persons may form is intended to y attend meetings assist the g and address the City Council. to address the Council Mayor in ensuring This names in the Minutes, are recognized and to g that all persons wishing ensure correct spelling of LnL CITY COUNCIL Upon recognition from. the Mayor, Your name and address and Please walk to discuss. Following Proceed to the microphone and state g discussion and comment upon the agenda item any member of the audience who prior to a vote, You wish to wishes to the Mayor will recognize You are welcome speak on the subject. conduct of me to attend all City Council meetings Public business is appreciated. g and Your interest ******** in the **************************************************** * Those who * wish to speak on.agenda Public hearings genda sub' ****** * g or discussions may Jects scheduled as * * Speaker's Cards at the desk of the Complete voluntary * Council rules Y Clerk. * * five (5) minutesll for each speaker to limit remarks to * The audience is re * Chambers, quested to be seated * Standing in the hibited. Thank g °r obstructing Council * you. g of aisles is pro- ************ * ******************** * V4').JUNTARY REQUEST TO ADDRESS TSE REGARDING AGENDA TENTER EN ER CITY COUNCILNo.__ DATE:/�-7- TO: City Clerk FROM: �J ADDRESS: �. ORGANIZATION: ----- SUBJECT: I expect to address the Council Minutes reflect mouncil on the subject agenda item. y name 2nd address as written above please have the NOTE:rsons Signature _� form is i tended to massist the attend Ma tin s to address the Council are reco yor in easuringess the that all Council' This names is the Minutes. recognized and to ensure correct spellingsofng ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as public hearings or discussions may complete voluntary * * Speaker's Cards at the desk of the City Clerk. * Council rules call for each speaker to limit remarks to * five (5) minutes. * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- * * hibited. Thank you. * VOLUNTARY REQUEST TO ADDRESS T HE REGARDING AGENDA ITEM CITY COUNCIL DATE: TO: City Clerk 1 FROM. ADDRESS: ) ORGANIZATION: SUBJECT: pect to addressC Council Minutes the Council on the reflect m subject agenda item. Y name and address as written above. have the e. NOTE.- form OTE: Signature All persons may attend to address tended to meetings and assist the Mayor in address the Cit names r t the Council are recognized ensuring Y Council. he Minutes, gnized 4 that all persons This and to ensure correct spelling pellinq of -_-"" �.,�, t.:l•1Y COUNCIL Upon recognition from the Mayor, please walk t Your name and address and Y o the microphone and state discuss, proceed to commentowiupon the agenda item audience who wishes to sor ° a Vote, the Mayor will orecognize u wish to peak on the subject. You are welcome to attend all City Council meetings conduct of public business is a s and Your interest in the appreciated. g * Those who wish to speak * public hearings or discussionsnda mayscomplete svoluutr as**** * Speaker's Cards at the desk of the City Clerk. nay * Council rules call for * five 5 each speaker to limit remarks to * ( ) minutes. * The audience is re * Chambers, quested to be seated in the Council * Cham eStanding or obstructin * Thank you, g of aisles is pro- -'--j--NTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: Ci*._r Clerk FROM: C7�_��Yi7IJ19 ADDRESS: �� %� S D 4&W ORGANIZATION: SUBJECT: PaL I expect to address the Council on the subject agenda item. Council Minutes reflect my name d address as Please �tritten above. have the ••+y•aaa.u�C NOTE: All intended may attend meetings and address the City Council. form dr intended to assist the Mayor in ensuring that all persona w to address the he are recognised and to ensure correctspelling onsThis names in the Minutes.ishinq of e=' •-__.YJJ..\ DESIRING TO DDR SS THE C TY COUNC Upon recognition from the Mayor, d please walk to the microphone and state Your name and address; and y ceed to discuss. Follcwq.ng discuss. and prior to a pon h tagenda e nt m any member of t:he audience who wishes to speak on the subject. you wish to Mayor1 recognize You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** ** Those who wish to speak on agenda subjects scheduled as public hearings or discussions may complete voluntary * Speakerls Cards at the desk of the City Clerk. Council rules call for each speaker to limit remarks to * five * (5) minutes. The audience is requested to be seated in the Council Chambers. * * Standing or obstructing of aisles is pro- * hibited. Thank you. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have tr.­ Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * VOLUNTARY REQUEST TO ADDRESS TH8 CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: _.. FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on Phe subject agenda item. Please have the Council Minutes reflect my na** anq 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 recognised and to ensure correct spelling of names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE -CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. ****************************************************************** s P.mp Jnr -A ti 7 "'N MARY REQUEST TO ADDRE88 CITY COUNCIL TIM REGARDING AGENDA ITEM IM DATE: TO: City C�-erk FROM: , fi ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the sub' Council Minutes reflect my name and sect age as a item, please have the wr ,� dress ,� above. NOTE: All persons may Signature form is intended to ass stt the Mayors in ens a to address the Council are recognized g and address the City Council. names is the Miautes. g that all This gnised and to ensure correct wishing polling of ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state Your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * * ****************************************************************** VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: i IC7 -501.. _ ;,_ r - / , ii I expect to address the Council on the subject Agenda item. Please have t. Council Minutes reflect my name and acy %ress as written above. -Siq�ofture 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. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Council rules call for each speaker to limit remarks to * five ( 5 ) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * * ****************************************************************** IOLUNTARY REQUEST TO ADDRESS TEE CITY COUNCIL REGARDING AGENDA NO. ITEM DATE: �— TO: City Clerk FROM: ADDRESS:_ ORGANIZATION: SUBJECT: I expect to address the Council o Council Minutes reflect m n the sub' Y name and address agenda item. Please s written above. have the NOTE: Signature All persons may attend form is intended to meetings and to address the Councilsist the y address the Cit names are recogn or in ensuring that all y Council. This in the Minutes. gaited persons wishing and to ensure correct spelling of THE CITY Upon recognition COUNCIL Your name and ' from the Mayor, Please walk to the discuss, address Followin and Proceed ito comment microphone and state any member of g dscussion and priupon the agenda item the or n audience who wishes to s a vote, the Mayor will recogniYOU wish te You are welcome to Peak on the subject. conduct of attend all City Council Public business meetings is appreciated. and Your interest in t1:e Those who wish to speak on * public hearings or discussionsnda subjects scheduled as**** * Speaker's Cards at the desk of may Complete voluntary * the City Clerk. five Council rules call for each s * �5) minutes. speaker to limit remarks to * The audience Chambers.Stas-r Quested to be seated in t * hibited, g or obstructing Council * Thank you, g of aisless is ******* Pro- VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: 17/- S - I? Ll TO: City Clerk FROM:`f U- ADDRESS : ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. Upon recognition from the Mayor, W~V ln� �1TY COUNCIL Your name and address and Please walk to discuss. Proceed to comment u the microphone and state any memberFoflthIng discussion and pen the agenda item you audience who wishes i to speak o a vote wish to ,the subthe ject. recognize You are welcome to attend all Cit g conduct of public business is Y Council meetings and appreciated. Your interest in the ****************************************************** * Those who wish to speak * public hearings or dis ussionsnda s * complete scheduled as Speaker's may complete voluntary * Cards at the desk of the city Clerk. * Council * rules call for each * speaker to limit remarks to five (5) minutes. * The audience * Chambers, is requested to be seated in the Council * Chambers. Standing or obstructing of * Thank you, g aisles is pro- * ************* VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk _ \ . l�. (S?v FROM: ADDRESS: Z� 44 ORGANIZATION: SUBJECT: I expect to address the councilname and a d effect agendaitt n aboveplease have the Council Minutes reflect my �r Signature ty council - This NOTE: All persons may attend t the Mayor in n ensuring thatd address all per ons Wishing form is intended to ass to address the Council are recognised and to ensure correct spelling o names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * * ****************************************************************** VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. 3.0 DATE: TO: City Clerk FROM:AQ,�1 '( `��,�•�So�s ADDRESS: (� (� S /.3� (Zc ti q apo m2 . ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name an,} address as i+;itten above. Sfqnature 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. ANY PERSON DES DIN TO ADDRESS THE C TY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state Your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * Council rules call for each speaker to limit remarks to * 5 five * ( ) minutes. * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * * ****************************************************************** DATE: TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. q Ho Lw S- City Clerk LEN NCS �D2 q-� I LO - -,Z�Nb `� —,. -n A ORGANIZATION: C-0yv P. SUBJECT: S N lTTC- Cl U A -Ly I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and , 11/ressas writ en above. � S NOTE: All persons may attend meetings and address the Cit¢ Council. This form is intended to assist the N.ayor in ensuring that all persons Nishinq to address the Council are recognised and to ensure correct spelling of names in the Minutes. iI:. x ,?E-RSON DESIR NG TO ADD R C OUNCIL Upon recognition from the Mayor, please walk to the microphone Your name and address and proceed to comment upon the agenda item ou Wish to discuss. Following discussion and p and state any member of the audience Who wishes to speak o a oon�the sthe ubjectwill recognize You are welcome to attend all City Council meetin s and conduct of public business is appreciated. g your interest in the * Those who wish to speak on agenda subjects scheduled as Public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * Council rules call for each speaker to limit remarks to * g five * I' ) minutes. * The audience is re * Chambers. quested to be seated in the Council * Standing or obstructing of aisles * hibited. Thank you. is pro- DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to addi — -,= ..uuncli on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM No. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. _. LJ%, 1'D �A_RE S Upon recognition from the THE CITY COUNCIL Your name and discuss, address and Mayor, Please walk Following discussion ed to comment upon to the microphone and state any member of the audience and prior to the agenda item Who wishes to a vote, the Ma or you wish to You are welcome to speak on the Y well recognize conduct of public busiattness all Cit subject. Hess y Council meetings and ******************** is your interest in the appreciated. * Those who ********************************* * public hearihh to speak o gs or n agenda s ************ * Speaker's Cards at discussions ma objects scheduled as * the desk of e CitPlete the voluntary rules Council y Clerk. five (5)minutes. for each scallpeaker to limit remarks to * audience * Chambers. Is Standing to be hibite g or obst seated in the * d• Thank ructin Council You. g of aisles is ************************************ Pro- ********************** DATE: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as writter4 above. ture NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state Your name and address and proceed to comment upon the agenda item you wish tc discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ******************************************************************* Those who wish to speak on agenda subjects scheduled as public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * Council rules call for each speaker to limit remarks to * 5ve five * ( ) minutes. * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * * ****************************************************************** VOLUNTARY REQUEST TO ADDRESS TIM CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: 7 T0: City Cler FROM: G ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. 1 �uuNCIL Upon recognition from the Mayor, please walk to the microphone a Your name ar.ld address and proceed to comment upon the agenda item discuss. Fallowing discussion and and state any member of the audience who wishes to speak on the subject. m you wish to prior to a vote, the Mayor will recognize You are welcome to attend all City Council meetings andy our interest in the conduct of public business is appreciated. *************************************************************** * Those who wish to speak on agenda subjects schedule * Public hearings or discussions may complete voluntaryas * Speaker's Cards at the desk of the City Clerk. * Coun * el rules call for each speaker to limit remarks to five (5) minutes. * The audience is requested to be seated in the Council * Standing or obstructing of aisles is pro_ * hibited. Thank you. ** VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO._2fZ DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: �ail)ei?Gt�Cc /' /)Q C. (f 7.2- I expect to address the Council on the subject age a item. P1 se have the Council Minutes reflect my name ess as wr' ten above. Si ature 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. ti.tiY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state Your name and address and proceed to comment upon the agenda item you wish to discuss. Fallowing discus sion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ******************************************************************* Those who wish to speak on agenda subjects scheduled as Public hearings or discussi Speaker's Cards at ons may complete voluntary * the desk of the City Clerk. * Council rules call for each speaker to limit remarks to * 5 five * ( ) minutes. * * The audience is re * Chambers, quested to be seated in the Council * Standing or obstructing of aisles is pro- w * hibited. Thank you. ****************************************************************** VOLUNTARY REQUEST TO ADDRESS THE CI Y COUNCIL REGARDING AGENDA ITEM NO.Q 2 DATE: TO: City Clerk FROM: 7�l o�3c ..z : c� iz 13e _I ✓e Jt T ADDRESS: ORGANIZATION: SUBJECT: /??7�. / %��r+�T, ✓✓iiiva o - I expect to address the Council on the subject a4enda item. Please have the Council Minutes reflect my name and address as ritten above. NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. THE CITY COUNCIL Upon recognition from the Your name and address and Mayor' Please walk to the micro discuss. Following discussion nd o comment u Pon the a Phone and state any member of the audience who prior to Benda item you wish to wishes to a vote, the Mayor will recognize You are welcome to attend all Cit speak on the subject. conduct of public business y Council meetings and ***************************appreciated. Your interest in the * who Those wish *************************************** * sh to speak * public hearings or discussions ma subjects scheduled as * Speaker's Cards at the y complete voluntary * desk of the City Clerk. Council rules call for * five (5) minutes, each speaker to limit remarks to * The audience is re Chambers, Standing to be seated in the Council * Chamber g or obstructing * Thank you. g of aisles is ****** pro- * ***************************** * "PUBLIC A�LTH "EK, - API 4 t, 9' WHEEEAS, tju Los Angeles County Department of Health committed to improving '' hof the citkens of Los Angeles County, WHEREAS., r six years, the JbW week in April, called Pub Inas been set aside to showcase public heaba activities and to increase the 'awareness of the services available, at the Aveal health centers to the t+ssiik Angeles Coanty; and WHEREAS, the primary goal of the annual Public Health I promote ctim unity wellness the benefits of preventive health behavk WHEREAS, the sixth annual Public Health Week has the t " Children, Family, and Community: Partners For A Healthy Tomorrow , WHEREAS, the goals 'of "HEALTHY LOS ANGELES 21 when all residents are involved in mating healthful neighborhoods for and community, and NOW, THEREFORE, the City Council of the City of Du hereby proclaim the week of April 4-10, 1994 as "PUBLIC HEALTH 1 of Diamond Bar and in so doing, urge all citizens, community agendej organizations to focus efforts toward creating a Healthy Los Angeles ',1 DATED: April 5, 1994 March 3, 1994 Diamond Bar 21660 E. Copley Dr., Suite 100 Diamond Bar, CA 91765 Dear Honorable Mayor Gary Miller: DIAIVUNU CITY C 94MAR-8 AH11: 51 The Seventh Annual County -Wide Public Health Week celebration will occur this year, between Monday April 4th and Sunday April 10th, throughout Los Angeles County. The theme for this year's celebration is "Healthy Environment, Healthy Body, Healthy Mind: Public Health Now". This year"we will also be highlighting the `California Healthy City' project, encouraging the partnership between private and public organizations to address health risks and focus on disease prevention. As we have in the past, I am requesting that your city proclaim the week of April 4-10 as Public Health Week. To that end, our Public Health Week proclamation is attached. If you have questions please call me at (818) 579-8370. Once again, thank you for your service to the community. Sincerely, arold Ster, er, MPH, CHES Attachments c: Margaret Berumen Abel Martinez Greg Shaffer Lynda Burgess (City Clerk) P U B L I C H E A L T H A n I n v e s t m e n t I n T h e F u t u r e PUBLIC HEALTH WEEK APRIL 4-10, 1994. ublic" with public health. Public Health Week, April 4-10, is the time to "90 P it's a health craze, Coil it what you will, but don't let it pass With more than 100 aevlentiion party!r 50 sites couhat Y wi health means living life a wellness kick, a prpublic ourself Why? Because health means life. And you by. Public Health Week and see for y to the fullest. Come join us during what public health is all about. Here are some of the major events: the * The Opening Ceremonies at twilllay Inn Crowne ki k off the weekzAprilr4 with University Hilton) in Los Angelespublic is scheduled April 5. t. nationally -known speakers works award npto theeapubli breach fair April 7. * A disaster preparedness workshop health l7. World Health Day will be celebrated with a community * The Youth Conclave April S will address public health issues among young people• communities together to prevent violence will * A Peace March to help bring Los Angeles. be on Saturday, April 16,displaysin malls, open- * Other activities include environmental her'llth�ngs, health related houses, video presentations, health fairs, children's contests, and trivia games, and mobile immunization clinics. ,the prevention and prevention basically means, Public Health Week is all about P ur choice, because no why o et better is before you get sick!" choice. It s aYo dyed reasons from timet g _ prevention is a smart choice. And it is you what to do to avoid diseases, to one can force y ou to take better care of yourself. Public health wor ers health agencies can tell you and showYou and to improve your overall health. But break away from habits that harm Y about it." only you can say, "I agree and I am going to do something le Prevention is not only the smart choice, it's the respens' undchoice because aro You your health habits will influence and affect the mat on about Public Health Week! Call HEALTHLINE, 1-800-427-8700, for more infor -Los Angeles County oepartment of Health Servicas P U B L I C H E A L T H A n I n v e s t m e n t I n T h e F u t u r e Proclamation Public Health Week 1994 WHEREAS, The Los Angeles County Department of Health Services is committed to improving the health of the citizens of Los Angeles County, California and creating partnerships in the community that will promote healthy environments for all the people; and WHEREAS, For six years, t}ie toishowirst caseek 1publiclhealtheactibitieseandht`oeek has been set aside increase the stowt}ieness of residentseofeLosces AngeleslCounty; able at tand Local health centers goal of the annual Public Health Week is to promote WHEREAS, The primary community wellness and the benefits of preventive health behaviors; and WHEREAS, The seventh annual Pilblic Health geek has the theme "Heathy Environment,, Healthy Body, Healthy Mind: PUBLIC HEALTH NOW!"; and WHEREAS, The goals of 'Healthy Los Angeles 2000' and the 'California Healthy Cities' project are best served when all residents are involved in creating healthful neighborhoods for children, family and community; and WHEREAS, -111 Los Angeles residents are invited to attend the Opening Ceremonies at. the Holiday Inn Crowne Plaza - Los Angeles and all local. health center activities; and NOW, THEREFORE, I, (MAYOR'S NAME), Mayor of the City of (City), by virtue of the authority vested in me, do hereby proclaim the week of April 4-10, 1994, as PUBLIC HEALTH WEEK in this City, and in so doing, urge all citizens, community agencies, clubs, and organizations to focus efforts toward creating a `Healthy Los Angeles 2000'. IN WITNESS THEREOF, I have hereunto set my hand and causey of d the the Executive Department to be affixed this (Number) (SIGNATURE) Mayor �l�f+1'r old Sterker, M - P-11- �+ '' MAR-z'sa 0 .2 ior Health Educator CI Ti v Ronte Comp. Health Center i3 Ramona Blvd. , Rm. 2137 - y�,R _g AMII: 42 Lynda Burgess (City Clerk) Diamond Bar 21660 E. Copley Dr., Suite 100 Diamond Bar, CA 91765 1. 2. 3. �/ l � ( I IL MINUTES OF THE CITY COUNCIL DRAFT REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 15, 1994 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; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. None PUBLIC COMMENTS: M/Werner read the proposed Mission Statement of the City Council. Joe McManus, 23561 E. Coyote Springs Dr., in regard to lawsuits filed regarding the destruction of one of Mr. Harmony's political signs, stated that property owners are fed up with politicians placing signs on their property without permission because it falsely implies the support of that candidate. He then cited quotes taken directly from past meetings that indicate that the new majority supporters are being allowed to exercise their first amendment rights without recrimination or redress, but those in disagreement with the majority have not been granted the same privilege. He restated his opinion that ICA/Montgomery has a conflict of interest representing the City. Red Calkins suggested that the Mission Statement would have been more appropriate if it had been presented last year when C/Miller and C/Papen were being constantly criticized. The Mission Statement presented at this time seems intended to restrict citizens the right to speak. Don Gravdahl, 23988 Minnequa, stated that the Citizens Committee to fight the City of Industryfs Material Recovery Facility (MRF) needs to be organized quickly. He then stated that the Traffic & Transportation Commission held a public hearing regarding crossing guard services at elementary schools. The presentations made by the public were outstanding. He suggested that the Council award certificates to the four students who wrote essays regarding the importance of safety. Don Schad thanked ICA/Montgomery for his input at the Planning Commission meeting regarding the draft Property Maintenance Ordinance. He suggested that a painted crosswalk be added to FEBRUARY 15, 1994 PAGE 2 the southern side of Gerndal St. for safe crossing thf resi- dents to get to Albertson's. He also suggested deer crossing signs be installed on the east and west sides of the two water reservoirs on Pathfinder, west of eea Canyon enticing oche He further suggested that the City p Southwest Museum, as well as encourage the Youth Science relocate in Center, presently located in Hacienda Heights, tSidewalk City the City. He thanked MPT/Harmony for developing Hall. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., pointed out that Council Comments are almost as lengthy as Public comthere Council Members trying to restrict her freedom ofnot more so. She expressed concernt are Co fspeech are Co through intimidation. Oscar Law stated that, though the General Plan Advisory Committee consists of individuals well representing the as ithe those members who are not residents of D.B., suchdeveloper's representatives, should not be allowed to have a vote on General Plan issues. M/Werner pointed out that the composition of GPAC was publicly announced prior to its formation. He then requested staff to present the Council with a status report on GPAC for the next meeting, and schedule a discussion addressing the issue of the composition of GPAC. C/Papen stated that it is inappropriate to begin questioning the rules that were established by GPAC 60 days ago Council should support GPAC and not respond to one complaint after GPAC has already met for three meetings. She pointed out that the General Plan will be further reviewed and revised by the Planning Commission and the Council. Following discussion, it was agreed to Pith ecthe item ontthe next agenda as indicated by M/Werner, the General Plan process should be open for re-examination at any given point in time. Steve Nice, 2621 Rising Star Dr., a member of GPAC, stated that he feels Commissioners on the GPAC should not be voting members of the GPAC. / 4. COUNCIL COMMENTS: C Ansari reported that she, MPT/ Harmony, and ACM/Usher met with the Chamber of Commerce to attempt to promote business in D.B. She also reported that the City Council was invited to meet with the Walnut council Members on February 22, 1994 to discuss the City Of MRF. She announced that the Council would appoint members st o the MRF committee in the next few days. She then sugg that Mr. McManus contact the Bar Association to express any concerns regarding ICA/Montgomery. FEBRUARY 15, 1994 PAGE 3 C/Papen requested staff to deliver certificates of appreciation from the Council to the four essay winners at Quail Summit Elementary School regarding the funding of crossing guards. She then reported that the Metropolitan Transit Authority (MTA) voted to fully fund the four year project for 85 miles of carpool lanes, in which 43.6% of the $316 million allocated will be directed to the San Gabriel Valley. She then presented slides of the proposed project. She acknowledged the following people who assisted in this accomplishment: Congressman Kim; M/Werner; C/Miller; John Forbing; Dexter MacBride and Don Nardella. MPT/Harmony expressed concern that the Fire Department's response time to a call involving an explosion in D.B. took 9 3/4 minutes. He requested a report for the next meeting. CM/Belanger reported that the L.A. County Fire Department explained that the reason for their slow response time was that at the time of the explosion, they were in the process of moving some of their units to the City of Walnut for a planned drill. MPT/Harmony expressed support for maintaining crossing guards at all of the schools, stating that D.B.'s higher standards should be utilized, not the County's or State's warrants. He commended Mr. Chavers and Mrs. Cheng, of the Traffic & Transportation Commission, for voting against the suggestion to apply County standards for warrants for crossing guards. He then expressed opposition to the proposed project to stripe Grand Ave. for six lanes and requested that the item be highly noticed when presented to the City Council. He reported that the City On-line computer system, which was supposed to be a completely volunteer system, has cost the -City approximately $16,000. He asked that the City Council form a study committee of computer specialists to determine if the system is worth maintaining. He stated that the most common comment received at the Sidewalk City Hall is that there should be less bickering and more business on the City Council; therefore, he stated that he will be proposing that an Ethics and Elections Reform Committee be formed to help address the problems clouding the City. In response to Mr. Schad's suggestion regarding the possibility of locating a museum in the City, he stated that he would support the idea. He then requested staff to ensure that all Commission meeting minutes be presented to the Council as promptly as possible. M/Werner reported that staff had been requested to secure the assistance of consultant Dale Beland in facilitating GPAC discussions and review. He requested the Finance Subcommittee to investigate the purchasing authority of the City Manager and provide a recommendation. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PANTERA PARK WORKSHOP - February 17, 1994 - 7:00 p.m., FEBRUARY 15, 1994 PAGE 4 Heritage Park Community Center, 290019. Brea Canty yon Rd. 5.2 PRESIDENT'S HOLIDAY - February 21, ces Closed.1994 - 5.3 GENERAL PLAN ADVISORY COMMITTEE - February 22, 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 PARKS & RECREATION COMMISSION - February 24, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.5 PLANNING COMMISSION - February 28, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. AQMD 5.6 CITY COUNCIL MEETING - March 1, 1994 - 7:00 p.m., Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: M/Werner moved, seconded by MPT/Harmony, to approve the Consent Calendar. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED VOUCHER REGISTER - Dated February 15, 1994 in the amount of $266,788.70. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 REGULAR MEETING OF NOVEMBER 8, 1993 - Received & filed. 6.2.2 REGULAR MEETING OF NOVEMBER 22, 1993 _ Received & filed. 1993 6.2.3 REGULAR MEETING OF DECEMBER 13, Received & filed. 6.3 TRAFFIC & TRANSPORTATION COMMISSION: 6.3.1 REGULAR MEETING OF AUGUST 12, 1993 - Received & filed. _ SEPTEMBER 9, 1993 6.3.2 REGULAR MEETING OF Received & filed. 6.3.3 REGULAR MEETING OF OCTOBER 14, 1993 - Received & Filed. _ NOVEMBER 18, 1993 6.3.4 REGULAR MEETING OF Received & filed. 6.5 REJECTED CLAIM FOR DAMAGES - Filed by Rosalinda Quesada on January 24, 1994 - rejected the request and referred the matter for further action to Carl Warren & Co., the City's Risk manager. 6.6 MEMBERSHIP OF THE CITY OF WEST HOLLYWOOD IN THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (SCJPIA) - approved membership of the City of West Hollywood in the SCJPIA and authorized C/Miller to execute the consent form as the City's delegate to the Authority. FEBRUARY 15, 1994 7. PAGE 5 6.7 ADOPTED RESOLUTION NO. 94-07: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE HOUSEHOLD HAZARDOUS WASTE NONDISCRETIONARY GRANT PROGRAM for reimbursement of funds associated with the establishment and implementation of household hazardous waste programs in FY 1992-93. FFIC 6.8 APPROVED NOTICE OF PATHFINDER R ROAD NAND OBREARCANYON ROADAL INSTALLATION AT PATe formed by Macadee Electrical accepted work P City Clerk to file the Construction and authorized the proper Notice of completion d and specifications. elease retention amounts per previously app Plan PUBLIC HEARINGS: 7.1 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 REFERENCE, THE THE DIAMOND BAR CITY CODE AND ADOPTING, BY BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF TITLE EDITION 26 OF THE LOS ANGELES COUNTY BUILDINGG CODE,,NS98DELETIONS TOGETHER WITH CERTAIN AMENDMENTS, AND EXCEPTIONS - Dennis Tarango, Building Official, reported that, in the process of adopting the 1991 Uniform Building Codes, all L.A. County Codes were repealed, along with Chapter 99 (Building & Prop Rehabilitation). To replace Chapter 99, the City's Uniform Housing Code was adopted; however, in the t two years, the City has experienced various property maintenance -type violations. He felt that the re - adoption of Chapter 99 would consolidate the sections on Substandard Buildings, Substandard Conditions and Substandard Property, and vehicle abatement to address recent complaints filed with the Code Enforcement Office. He stated that the Planning Commission recommended that the re -adoption of the ordinance could serve as an interim property maintenance standard until the Planning Commission completes deliberations on the new Property Maintenance Ordinance. CDD/DeStefano, in response to C/Miller, explained that the Planning Commission reviewed the latest draftof the and Property Maintenance Ordinance, directing staffICA/Montgomery to refine the ordinance further, to be brought back before the Commission at their February 28, 1994 meeting. The Planning Commission's review is almost complete. M/Werner opened the Public Hearing. on Bob irbes,DiamondtedCouncilpmayement want to adopt1ChapterA99 suggested that t FEBRUARY 15, 1994 PAGE 6 permanently as part of the Building Code, with some amendments, to address issues regarding substandard properties; however, Chapter 99 would not be effective for the enforcement of property maintenance violations. There being no further testimony offered, M/Werner closed the Public Hearing. C/Papen moved, C/Miller seconded to table the matter for 60 days, or until such time that the Property Maintenance Ordinance is before the City Council. C/Papen concurred with Mr. Zirbes that some of the standards in Chapter 99 are subjective and difficult to enforce. The city does not need to re-establish County standards when those standards did not meet the needs of the City prior to incorporation. She stated that it is not appropriate to adopt Chapter 99 when the City has been working on developing a Property Maintenance Ordinance for over a year. She requested that the matter be tabled. MPT/Harmony stated that the adoption of Chapter 99 would serve as an additional tool for the City, until such time that the Property Maintenance Ordinance is completed. There is no harm in putting a Building Code type ordin- ance into effect. C/Miller stated that since the Property Maintenance Ordinance is almost complete, and Chapter 99 would be difficult to enforce, it would seem more appropriate to table the item. M/Werner pointed out that enforcement of the provisions of Chapter 99 was never really pursued because it was only in place for about one year before it was repealed upon the adoption of the Uniform Building Code. He stated that staff indicated, in the staff report, that the City has experienced severe property maintenance problems, and there is no harm in re -adopting Chapter 99 to give staff the opportunity to begin to initiate pro- ceedings. If the Property Maintenance Ordinance is brought before the City Council in 30 days, as antici- pated, then Chapter 99 is moot; if it is not brought before the City Council as anticipated, then the City has the provisions in place to begin enforcement proceedings to address these problems. He also pointed out that, the majority of the time, the City receives cooperation from an alleged violator when the issue is brought before the District Attorney's Office for a conference. C/Miller stated, as was noted by Mr. Zirbes, CC&R's will resolve 95% to 99% of the cases; however, the problems of enforcement arise from the small percentage that do not respond and Chapter 99 will not accomplish this goal. He FEBRUARY 15, 1994 PAGE 7 stated that the City should work with a document, such as the Property Maintenance Ordinance, that will accomplish the goals desired. C/Ansari expressed support for adopting Chapter 99 as an interim ordinance to give the City some leverage. C/Papen questioned why the Council would want to adopt an ordinance that is unenforceable. She pointed out that giving the Code Enforcement Officer citation authority would accomplish more than this ordinance. She suggested that if the Council is considering adopting this ordin- ance as an interim measure, then a sunset clause should be added upon its adoption. She noted that the message being give to the Planning Commission ter those m re worked at preparing the PMO, is that Chap important and there is no hurry to finish review of the PMO. C/Ansari concurred that a time limit on the interim ordinance would be appropriate. C/Papen withdrew her motion, to table the matter for 60 days, or until such time that the Property Maintenance Ordinance comes before the Council. C/Miller withdrew his second. C/Papen moved, C/Miller seconded to adopt Chapter 99 on an interim basis for a period of 120 days, to include waiving of further reading. CM/Belanger stated that, if so deemed by the City Council, a provision would be appropriately placed in the ordinance to indicate that there is a termination period of 120 days from the effective date of its adoption. C/Harmony questioned if adding a sunset clause diminishes the effectiveness of enforcement of the ordinance. CM/Belanger explained that violations enforced under Chapter 99 during the period prior to the adoption 9f the PMO would continue to be enforced under Chap CDD/DeStefano, in response to M/Werner's inquiry if the Planning Commission would be able to complete review of the PMO and then bring it for Council consideration within 120 days, stated that it is the desire of the Planning Commission to complete their review prior to the end of their terms, and they appear to be meeting this goal. MPT/Harmony inquired if information regarding improvement Loan Programs Low willCost Grant Programs/Home Imp be presented along with the PMO. FEBRUARY 15, 1994 8. 9E PAGE 8 with ACM/Usher reported that staffattendedmeeting Commission staff L.A. County Community through HUD regarding the use of federal home funds, ro erty funding programs, for residential single-family P pCity will rehabilitatioarticipatelin the Countys expected hsthomee programs. propose to p CM/Belanger stated that staff will also be preparing, for Council consideration during the budget preparation period, a more flexible program to address those needing assistance, but would not meet the strict requl ments under federal funding for single-family property e rehab- ilitation. C/Miller seconded to approve for first C/Papen moved, waive full reading of Ordinance reading by title only, AN No. 01 (19 9 4 ) entitled: BAR ORDINANCE REPEALING H CHAPTER COUNCIL .3 0 OF THE CITY OF AS (HOUSING CODE) OF THE DIAMOND BAR CITY CODE, HERETOFORE ADOPTED, ADDING A NEW CHAPTER THE THE DIAMOND BAR CI REHABOPTING, B IAND LITATION CHAPTER REFERENCE,9 OF TITLE BUILDING AND PROPERTY 198 26 OF THE THE LOS ANGELES COUNTY BUILDING CODE, EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, and adding a Grandfather clause of 120 days. With the following Roll Call vote, motion carried: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ AYES: Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None OLD BUSINESS: None NEW BUSINESS: CIL 9.1 RESOLUTION NO • OF ODIAMOND RESOLUTION BAR TOOFAPPOINTTHE TY SPECIFIC OF THE CITY REPRESENTATIVES TO THE prpGoArBRIEL ted that San abriel LEY COUNCIL OF GOVERNMENTS CM/Belanger Valley Assn. of Cities and the San Gabriel Valley City Manager's Assn. proposed the formation of a Council Of a Governments (COG) to provide cities in the f go ern - regional organization for cooperative planning o ment services, and to assist in the coordination of federal, state and regional projects and/or mandates. Terry Dipple, President of the San Gabriel tated that sthe of Cities (SGVAC) and Mayor of San Dimas, responsibil- ityo p order toa sub -regional plantook oto be part of the ity of preparing SLAG Regional Comprehensive as adopted and submitted to SCAG and for the S.G. Valley trans ortation, housing, includes economics, air quality, P FEBRUARY 15, 1994 PAGE 9 etc. He stated that cities do not desire to give up local control and powers to some regional government or higher authority. The Council of Governments (COG) Will be an organization to allow each city in the S.G. Valley to have representation on the governing board, rather than the association, leaving local control issues with each city; however, issues such as transportation, that span the city boundaries, will need to be addressed on a regional issue. He stated that the following cities have approved the resolution and the Joint Powers Agreement (JPA): Alhambra, Claremont, Covina, Duarte, Glendora, La Verne, San Marino, Temple City and Walnut. The following cities are considering the resolution this week: Arcadia, Baldwin Park, Bradbury, Monrovia and South Pasadena. He then stated that, if COG is formed by receiving support from a majority of the cities, most of the fanding for COG federal grant for he first year will be coming from do the sub -regional plan. In response to M/Werner, Mr. Dipple stated that if COG is formed, the SGVAC would not remain intact because there is no need for duplication. He explained that COG must have the majority of the cities (50% plus one) at all times in order to be recognized by SLAG to participate in the process. He pointed out that cities may withdraw from the organization if it is felt that the dues are too high or if no benefit is being received. He stated that the current dues charged by other COGS average approx- imately $5,000 to $10,000 per city. C/Papen expressed support for formation of COG, and her appreciation for the efforts of Mr. Dipple. Gary Neely, 344 Canoe Cove, pointed out that COG is the first step toward regional government, perhaps not at this point, but definitely a potential one in the future. He suggested that the SGVAC be reorganized so that each city has a vote, enabling the SGVAC to better perform, which is preferable to giving power to a new organization with no agenda specifying goals and objectives. Mr. Dipple pointed out that cities would not vote to put a representative of their city on COG if they felt that they would be losing representation. He also pointed out that basically SGVAC is being reorganized and renamed, and is now becoming a legal entity. He explained that the State and Federal Government regional agencies do not recognize informal organizations, thus COG will be a more effective voice for S.G. Valley cities in dealing with SCAG and other mandates. In response to M/Werner, Mr. Dipple stated that there is no intent to hire a big staff for COG immediately, with- out first establishing the Works program to update the stated that SCAG approved FEBRUARY 15, 1994 PAGE 10 sub -regional plan in the upcoming 18 months. C/Ansari, representative on the San Gabriel Valley Cities Assn., expressed support of forming a COG because it will be a stronger political voice for S.G. Valley Cities. MPT/Harmony, alternate representative on the San Gabriel Valley Cities Assn., stated that the S.G. Valley cities need to band together to become an effective legal force. C/Papen suggested that since the two current delegates of the SGVAC are newly appointed Council Members, it may be appropriate for the Mayor to be one of the delegates in this first year as they are forming their authorities. C/Papen moved, MPT/Harmony seconded to approve the Joint Powers Agreement establishing the San Gabriel Valley Council of Governments and authorize the Mayor to execute the same on behalf of the City. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Miller, Ansari, MPT/ Ha NOES: COUNCIL MEMBERS - Noneony, M/Werner ABSENT: COUNCIL MEMBERS - None C/Papen moved, C/Miller seconded to adopt Resolution No. 94-08 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO APPOINT SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Miller, Ansari, MPT/ Ha NOES: COUNCIL MEMBERS - Noneony, M/Werner ABSENT: COUNCIL MEMBERS - None 9.2 ADDITIONAL CITY OFFICE SPACE AND LEASE MODIFICATION - CM/Belanger reported that the City indicated to D.B. Business Associates an interest in leasing Suite 190 through the end of the lease term date of June 30, 1994. The lease modification would result in an additional monthly payment of $1,625.93/mo. for the nine months. He stated that the Council, in anticipation of this additional cost, approved approximately $150,000 in the November 1993 budget amendment for this lease adjustment. MPT/Harmony requested staff to prepare a study deter- mining the feasibility of buying a facility and/or if there are cheaper facilities that could be leased in some future time. CM/Belanger, in response to C/Ansari, explained that Suite 190 is currently occupied and will continue to be occupied by City Planning and Engineering services. FEBRUARY 15, 1994 PAGE 11 C/Papen requested clarification on the cost of leasing per square feet of office space. CM/Belanger explained that the City is currently renting Suite 100, which is 3,854 sq. ft., for a total of $6,667.67/mo.; and Suite 190, which is 3,171 sq. ft., for a total of $5,707.80/mo. The cost to rent both office space totals approximately $145,000 a year. C/Papen pointed out that contractors usually pay for their own office expenses, which is factored into the percentage to the City. CM/Belanger, at the request of M/Werner, explained that when Pacesetter ceased operations at the end of October 1993 due to overhead costs, the City secured interim services, and eventually secured permanent services following an RFP. The RFP did not require any of the proposers to lease the office space, which tends to be the way contracting of this type occurs. MPT/Harmony pointed out that if all bidders had to include the cost for leasing, then all bids would have included that additional cost. CM/Belanger pointed out that the City has saved approx- imately $25,000 to $30,000 on an annualized basis with the new contractor versus the old contractor who paid the leasing costs; therefore, the cost to the City remains the same. C/Papen pointed out that the City is now assuming the liability and the risk under the new contract. She expressed concern that the philosophy regarding leasing was changed in the RFP without sufficiently advising the entire Council of that change before the RFP went out. CM/Belanger stated that the City was already renting 2/3 of the space and it seemed appropriate to rent the entire space when Pacesetter left. Gary Neely suggested that Possibility of moving City particularly in light of the letting go of approximately the City investigate the Hall to the AQMD Building, announcement that they were 1,000 positions. Oscar Law concurred that it would seem feasible for the City to consider obtaining a parcel of land within the corporate center for City Hall purposes. MPT/Harmony moved, C/Ansari seconded to approve the modified lease agreement between the City and Diamond Bar Business Associates relating to City office space; and to direct staff to conduct a study on a future City Hall site. With the following Roll Call vote, motion FEBRUARY 15, 1994 PAGE 12 carried: AYES: COUNCIL MEMBERS - Papen, Miller, Ansari, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.3 COMMISSION APPOINTMENTS: M/Werner requested staff to prepare City Tiles recognizing out -going members of the Commission, for their service to the City of Diamond Bar. 9.3.1 PLANNING COMMISSION - APPOINTED FIVE NEW COMMISSIONERS - C/Miller reappointed Bruce Flamenbaum; C/Ansari appointed Franklin Fong; C/Papen reappointed Lydia Plunk; MPT/Harmony appointed Don Schad and M/Werner reappointed David Meyer. 9.3.2 PARKS & RECREATION COMMISSION - APPOINTED FOUR NEW COMMISSIONERS - C/Papen reappointed Joe Ruzicka; C/Miller reappointed Raul Medina, C/Ansari appointed David Schey and M/Werner reappointed Michael Goldenberg. MPT/Harmony stated that his appointee indicated that he was unable to serve; therefore, he will continue to accept letters of interest and announce his nominee at the first meeting in March, 1994. 9.3.3 TRAFFIC & TRANSPORTATION COMMISSION - APPOINTED FIVE NEW COMMISSIONERS - M/Werner reappointed Todd Chavers; C/Miller reappointed Don Gravdahl; C/Ansari appointed Jack Istik; C/Papen reappointed Lou Esposito and MPT/ Harmony appointed Tom Ortiz. 9.4 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - MPT/Harmony requested an update regarding his request for missing documents relating to the ownership of Sandstone Canyon requested from the former City Attorney. ICA/Montgomery reported that Mr. Arczynski indicated that he did not have the documents because they were returned to C/Miller. Though C/Miller has offered twice to review the records with him, he stated that he declined the offers because the content of the material presented was not what was being sought from Mr. Arczynski. ICA/Montgomery further reported that he received a copy of an opinion from Mr. Owen, who is associated with Mr. Hemple, indicating that, in his opinion, the matter should be concluded at this point because the document is not necessarily of public record and unavailable. He further stated that he will discuss the matter further with Mr. Owens to resolve two points of clarification FEBRUARY 15, 1994 PAGE 13 regarding the determination of a public record. He then stated that it is a policy decision of the City Council as how to proceed. MPT/Harmony suggested that Mr. Owen be asked to attend a study session before next Council meeting to give an opinion whether documents reviewed by the City Attorney become public record, as well as an opinion regarding attorney/client privilege relating to a Council Members. C/Papen, desiring to expand the interest of review of attorney/client privileges, expressed her opinion that attorney/client privilege, as it affects the attorney as well as the client, should be open for review. ICA/Montgomery, responding to C/Papen, explained that a specific provision of the FPPC requires an attorney not to disclose the name of the clients for the protection of the clients and the fees paid. He also explained that contributions to the Concerned Citizens was the value of the legal services contributed at that time, which must be disclosed. C/Miller pointed out that he has offered the documents to ICA/Montgomery for review. ICA/Montgomery stated that the issue at this point is not the documents, but to resolve whether or not the documents are public record. He stated that since any information he receives would have to be relayed to others, he does not desire to review the documents offered by C/Miller. C/Harmony suggested that this item be held over to the next meeting to allow the attorneys to resolve some of the issues at hand and offer an opinion. City Council concurred. C/Papen, referring to a letter to the editor in Monday's paper, stated that perhaps the City should consider hiring the L.A. County Ethics Commission to review this issue, as well as the issue regarding ICA/Montgomery's possible conflict of interest. 10. ANNOUNCEMENTS: C/Papen requested further information regarding the details of forming the Cultural Human Resources Commission. MPT/Harmony suggested that the item be placed on the next agenda, allowing each Council Member to suggest appointees to the committee. CM/Belanger suggested that Council Members submit names to FEBRUARY 15, 1994 PAGE 14 staff so a list can be prepared for the March 1, 1994 meeting. C/Papen suggested that it may be more appropriate to put the language of the City's Code of Conduct on the Public Comment sign up sheet rather than putting the Mission Statement on the agenda. C/Ansari requested that the meeting be adjourned in memory of Jerry Boling. 11. CLOSED SESSION: Adjourned to Closed Session at 10:23 p.m. for discussion of Litigation - Government Code Section 64956.9 - Diamond Bar Associates vs. City. Reconvened to Regular Session at 11:15 p.m. ICA/Montgomery announced that there was no reportable action taken. 12. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 11:16 p.m., in memory of Jerry Boling. ATTEST: Mayor LYNDA BURGESS, City Clerk 6dJAr MINUTES OF THE CITY COUNCIL�- REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 1, 1994 1. CALL TO ORDER: M/Werner called the meeting tc order at 7 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 Pro Tem Harmony. 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; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 PW � PRESENTED CITY TILES OO&TGNLRT ARKS & RECREATION ANDTRAFFICTRANSPORTATION COMMISSIONERS. 2.2 OATHS OF OFFICE: CC/Burgess administered the Oath of Office to the following new Commissioners: Planning Commission: Don Schad, Franklin Fong, Lydia Plunk and Bruce Flamenbaum; Parks & Recreation Commission: David Schey, Michael Goldenberg, Raul Medina and Joe Ruzicka; Traffic & Transportation: J. Todd Chavers, Donald Gravdahl, Jack Istik, Tom Ortiz and Lou Esposito. 2.3 PROCLAMATION DESIGNATING MARCH 1994 AS "WOMEN'S HISTORY MONTH" - M/Werner presented the Proclamation to Suzanne Harmony, President, American Association of University Women. 3. PUBLIC COMMENTS: Don Gravdahl, 23988 Minnequa, refer- ring to a comment made by MPT/Harmony at the last meeting regarding the approximate costs involved with City on-line, stated that he researched the costs associated with connecting City On-line and determined that, though the City has spent approximately $16,000 on cabling and hardware, the introduc- tory party, and improvements to the system, the value ofthe tel system donated to the City is estimated at approximately $200,000; therefore, the City has greatly benefited from this donation. Joshua Paulsen, 1065 Capen, asked the City to investigate the polluted stream in the back portion of Sycamore Park. Joe McManus, 23561 E. Coyote Spgs. Dr., expressed concern that the Mayor is unfairly allowing certain individuals to make comments, while restricting other individuals. He then expressed concern that ICA/Montgomery ruled Ordinance No. 4 as invalid despite the fact that three Superior Court judges indicated that Ordinance No. 4 was valid. He asked how much MARCH 1, 1994 PAGE 2 money was spent to obtain a legal opinion regarding Ordinance No. 4 from special counsel. He requested verification from the Council as to how they determined their decision that Ordinance No. 4 was invalid. ICA/Montgomery explained that, as stipulated with the Ordinance, Ordinance No. 4 expired by its own language when the second General Plan was adopted. He pointed out that if Ordinance No. 4 had been valid and still in existence, there would have been no reason for the granting of the extension by the Office of Planning and Research (OPR). M/Werner, in response to Mr. McManus, stated that the opinion letter provided by Ms. Stone, from the law f irm of Meyers, Witters and Gibson, cost the City $7,583.77. C/Papen expressed concern that the City is not receiving an impartial opinion. She noted that the opinion obtained from special counsel is a duplicate of ICA/Montgomery's opinion, who was the attorney who filed the original lawsuit. The Interim City Attorney is making the final decision in the City. She stated that the issue will not be resolved until either the State Bar or the Fair Political Practices Commission (FPPC) opinion is received, or a grand jury investigation regarding conflict of interest issues has been completed. MPT/Harmony pointed out that ICA/Montgomery was hired because of his expertise and knowledge. He stated that the opinion received from special counsel regarding Ordinance No. 4 clearly indicated that the ordinance was improper. Kathleen McCarthy, 1630 Ano Nuevo, extended her appreciation to the Council for funding of two extra days a week of library services in the City. She announced scheduled fundraisers to help further support the library. Beverly Van Citters, President of "The Friends of the Library," presented a plaque to the Council in appreciation for extending library services for two extra days a week. Dorothy Bordenave, President Emeritus of the Friends of the Library, presented the Council with a thank you card signed by the patrons of the D.B. library. She announced that the library is open Monday through Thursday from 1:00 p.m. to 8:00 p.m. and Saturdays from 10:00 a.m. to 5:00 p.m. Michael Goldenberg suggested that the City utilize the resources in the community to help make City On-line a more functional and viable tool. M/Werner expressed concerned that a volunteer support organization would be beneficial to help keep the On-line program continuing successfully. MARCH 1, 1994 PAGE 3 4. COUNCIL COMMENTS: C/Miller requested an update on the status of establishing the Materials Recovery Facility (MRF) committee. CM/Belanger stated that staff has discussed the formation of the MRF committee and has contacted individuals regarding their interest in being involved in that committee. C/Miller suggested that each Council Member announce their appointees at the next Council meeting, and establish a formal meeting date so that the committee can move forward; however, since Mr. MacBride, Mr. Gravdahl and Mr. Calkins have been active on this issue from the beginning, they may be willing to organize the group and set up a meeting immediately. M/Werner concurred that the organization of the meeting can proceed prior to the Council announcing the names of those on the committee. C/Papen, noting that the cost to the City for funding two extra days of library service is $70,000 from now through June 30, 1994, asked community residents to contact her or C/Ansari if they would be willing to make a long term commitment to supporting the library by volunteering 4 hours a week for six months or longer as a way to reduce costs. She announced that she had been appointed by the Metropolitan Transit Authority (MTA) to serve on a committee to evaluate Reg. 15/Rule 1501, which requires companies with more than 100 employees to reach 1 and 1/2 travelers per vehicle on every trip made. She asked for businesses in D.B. to contact her to provide input regarding the costs involved in implementing this program. She also suggested that staff agendize the City's Noise/Party Ordinance for discussion at the next meeting to update and improve upon the Ordinance to equal the City of Walnut. She pointed out that it would help the Sheriff's Department if Walnut's and the City's codes were uniform. C/Ansari noted that there is an increase in the number of patrons at the library; hopefully the City will be able to find funding to keep the library open on a regular basis after June 1994. She asked the community to attend the wine -tasting fundraiser or to send in $20 to help support the library. She then stated that, upon asking the Seniors to write down a wish list, the following items were included: benches; a large container to store food and a New Year's Eve dance. In response to letters received regarding the crossing guard issue, she expressed support for maintaining crossing guards at the schools. She then asked residents interested in being on the MRF committee or the Multi -Cultural or Human Resources committee to contact the City. MPT/Harmony stated that residents residing in "The Country" have expressed concern regarding the costs associated with the Sewer Assessment District. He stated that he has asked ICE/Wentz to hold workshops to communicate to residents that MARCH 1, 1994 PAGE 4 there is a real problem that must be addressed, as well as address the concerns of residents regarding costs, aesthetics to the neighborhood, intended plans, etc., prior to the public hearing process. C/Miller concurred that there are issues that need to be dealt with. He noted that there are two streets that are questionable whether or not they are necessary to sewer at this time. He stated that, though those streets are not contributing to the impacted area, they are dramatically contributing to the cost of the district and should perhaps be pulled out of the district. He stated that he has asked ICE/Wentz to include this option when the time comes before the City Council for consideration. C/Papen stated that since there are health and safety concerns of the community associated with the overflowing septic tanks onto private streets, it would not be appropriate to delay the process of abating the problems in the area. MPT/Harmony stated that he can be reached at 861-0161 if citizens have concerns or questions. He then stated that the goal of City On-line was to reduce air pollution by decreasing the number of trips to City Hall and to make public access to public records readily available; however, the system often breaks down and is not particularly user friendly. He stated. that the user base of the system has dwindled to 77 people, other than staff or commissioners, from the original 800 subscribers. He noted that City On-line has cost the City approximately $16,000 to date, and there are additional costs associated with maintenance, incompatibility of some of the hardware and software that was donated, and the additional work on City employees to gather requested information. He then reviewed the elements of the system used by Santa Monica and its associated costs. He suggested that the Council order a needs assessment of the City's On-line program and establish realistic budget goals relative to the amount of people actually using the system. In response to Joshua Paulsen's concern, he concurred that the stream at Sycamore Park is polluted and should be further investigated by staff. M/Werner stated that he met with members of the Chamber of Commerce to discuss the loss of business in the community because of the current economic climate. He requested that the Economic Development sub -committee present a report at a future meeting to update the Council and community on what the City is doing to accommodate the business community. He encouraged the community to support the business community and attend the Chamber of Commerce auction scheduled on Sunday, March 6, 1994. 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 MARCH 1, 1994 PAGE 5 Rd.1994 - - March 10, 5,2 TRAFFIC & TRANSPORTATION COMMISSION Co ley Dr. 6:30 p.m., AQMD Hearing Room, 21865 E.- 7:00 p.m., AQMD - March 14, 1994 5.3 PLANNING COMMISSION le Dr. m•, AQP Auditorium, 21865 E. Copley 1994 - 7:00 p• 5.4 CITY COUNCILMEETING - March Copley Dr. Auditorium, en, seconded by C pa It was moved by / P 6. CONSENT CALENDARSb MPT/Harmony to approve the Consent Calendar with the exception of Item No. 6.5. Motion carried unanimously Y the following Roll Call vote: PaPen, MPT/ 'ller AYES: COUNCIL MEMBERS - Ansari, Mi I Harmony and M/Werner NOES: COUNCIL MEMBERS - None MEMBERS - None ABSENT: COUNCIL 6.1 APPROVAL ORMINUTES:ular ting of January 18, 1994 - Approved 6.1.1 asgsubmitted. Meeting of February 1, 1994 - approved 6.1.2 Regular submitted. as COMMISSION MINUTES - Regular Meeting of January 6.2 PLANNING 24, 1994 - Received & filed. TRANSPORTATION COMMISSION MINUTES filed. - Regular 6.3 TRAFFIC Meeting & of December 16, 1993 - Received & 6.4 PARKS & RECREATION COMMISSION MITES- Of September 30, 1993 - 6.4.1 lar ,Meeting Regula Received & Filed. t ber 28 1993 - Received 6.4.2 Regular Meeting of Oc o 1 & Filed. of November 18, 1993 - 6.4.3 Regular He Received & Filed. 1993 - 6.4.4 Regular Meeting of December 16, Received & Filed.of January 27, 1994 - Received 6.4.5 Regular Meeting & Filed. 6.6 TREASURER'S REPORT - Received & Filed Treasurer's Report for January, 1994. THE TY COUNCIL RESOLUTION NO. 94-09: A RESOLUTION 6.7 APPROVING CIPLANS OF THE CITY OF DIAMOND BAR D SPECIFICATIONS FOR THE COD FOUNTAIN SPRINGSRUCTION OF I ROAD AND AD SIGNALS AT DIAMOND BAR BOULEV DIAMOND BAR BOULEVARD ARD AND SHOW CANYON DRIVE IN SA AND DIRECTING THE CITY CLERK TO CITY AND AUTHORIZING ADVERTISE TO RECEIVE BI No.c/Ppen94- moved, MPT/Harmony seconded to adopt Resolution No. 94-09 entitled: A RESOLUTION OF THE CITY COUNCIL O MARCH 1, 1994 PAGE 6 THE CITY OF DIAMOND BAR APPROVING PLANS SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNAL AND DIAMOND BAR BOULEVARD AND FOUNTAIN SPRIN DIAMOND BAR BOULEVARD AND SHADOW CANYOGS ROAD AND AT N DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Pa en P , Ansari, MPT/ NOES:COUNCIL MEMBERS - None ony' M/Werner ABSENT: COUNCIL MEMBERS - None 6.8 RESOLUTION NO. 94-10: A RESOLUTION OF THE CITY COUNCIL 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. C/Papen moved, MPT/Harmony seconded to adopt Resolution No. 94-10 entitled: 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. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/ NOES:COUNCIL MEMBERS - No Bony' M/Werner ABSENT: COUNCIL MEMBERS - None MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.5 APPROVED VOUCHER REGISTER DATED MARCH 1, 1994 Harmony requested that the Wildish & Nialis MPT/ bill be withdrawn from the Voucher Register 99for discussion because the contract relates to litigation Miller V. Gross and appears to have been approved in violation of the Brown Act since the action of the City Council was not properly reported outside of Executive Session, nor was it properly disclosed to newly -elected Council Members. He requested an audit by the City Attorney to determine if the City is being accurately billed. CM/Belanger, at the request of M/Werner, stated that he could not provide a legal opinion since he is not an attorney; however, he believed the actions taken by the Council were not unlawful, and if there was a violation, it was a technical violation in relationship to the reporting. He stated that he was directed by the Council to contact Wildish & Nialis for the City to defend Mr. Miller; therefore, he acted under City Manager authority to execute an agreement under $10,00.0. He explained that MARCH 1, 1994 PAGE 7 the bill incorporated all charges from the first day for services rendered by Wildish & Nialis on the matter. C/Papen pointed out, for the record, that she was not present at the subject Executive Session and that she would abstain from voting on this matter. She noted that a Council Member is entitled to be represented, at City expense, if a lawsuit is filed against that Council Member during the course of their actions. She further noted that C/Miller agreed that he would indemnify the City if it is determined that there is fraud involved. ICA/Montgomery, at the request of M/Werner to clarify the abstention rule, stated that if a Council Member abstains because of a direct conflict, the FPPC views that party as not being present for the deliberation and is not counted toward a quorum. If a Council Member elects to abstain because he/she did not participate in the original decision, the party is still counted toward the quorum. If the voting concerns a policy decision, then the Council Member need not abstain even if he/she did not participate in the original decision. He stated that there is a Rule of Necessity which would allow C/Miller to vote if all else fails in a 2-2 tie. He then stated that this should be the last bill from Wildish & Nialis. MPT/Harmony reiterated his concern that this item had the appearance of a violation of the Brown Act. He pointed out that C/Miller would have to reimburse the City, regardless of his offer, if he is charged with a crime. He pointed out that the lawsuit is a counter suit resulting from a personal suit filed by C/Miller. He then reiterated his request for an audit to verify the bill amount. C/Miller stated that he was sued for speaking at a Realtors function as the Mayor of the City. He inquired if the City could incur additional charges by not paying the bill of a valid contract. ICA/Montgomery stated that it is possible for the firm to take the City to court to collect on a valid contract. C/Ansari suggested that the City Council approve paying the bill, with the stipulation that C/Miller agree to indemnify himself. CM/Belanger pointed out that if there is to be an audit on the bill, another attorney other than ICA/Montgomery would have to do the audit in order to determine whether the charges set forth in the invoice are appropriate. MPT/Harmony stated that many attorneys offer audit services free of charge as a courtesy to the City. He stated that the City needs to look at how its Council MARCH 1, 1994 PAGE 8 Members are spending money on legal matters. MPT/Harmony moved, M/Werner seconded to withdraw the Wildish & Nialis bill from the Voucher Register to allow the City Attorney, in conjunction with the City Manager, to review the bill as presented, and to make a determination that the charges are proper and appropriate. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/ NOES: COUNCIL MEMBERS - Noneer ABSENT: COUNCIL MEMBERS - Papen ABSTAIN: COUNCIL MEMBERS - Miller MPT/Harmony moved, M/Werner seconded to approve the Voucher Register as amended. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, MPT/ NOES: COUNCIL MEMBERS - Noneony and M/Werner ABSENT: COUNCIL MEMBERS - Papen RECESS: M/Werner recessed the meeting for Closed Session at 9:25 p.m. RECONVENE: M/Werner reconvened the meeting at 10:15 p.m. 11. CLOSED SESSION: May Convene to Consider: Matters of Pending Litigation, Government Code Section 54956.9 - Diamond Bar Associates vs. City. ICA/Montgomery reported that the Council instructed special legal counsel, Leonard Hemple, to continue to pursue negotiations on behalf of the City. No other reportable action was taken. 7. PUBLIC HEARINGS: None held. 8. OLD BUSINESS: 8.1 VERBAL REPORT FROM CHIEF LOCKHART WITH L.A. COUNTY FIRE DEPARTMENT DURING EXPLOSION AT CIMARRON OAKS - It was noted that the paramedics had arrived during Closed Session to attend to a member of the audience who had fallen ill. Chief Lockhart, regarding the Fire Department's nine minute response time on February 5; 1994 to 780 Golden Springs Dr., Cimarron Oaks, explained that the response time took longer than the usual five minutes because engine trucks from surrounding fire stations were involved in a training drill and there was misjudgment in the amount of time one of the fire engines would return to the station. MARCH 1, 1994 PAGE 9 MPT/Harmony inquired what change in that operational D.B•'s three procedures writ be ed so t tions are eft vaecant Z, a Chief Lockhart stated that the proedr coun°e ll icationin in the past, but the need to improvehasized. these types of situations will be re-emp Oscar Law complimented Chief Lockhart on the outstanding paramedics in his unit. Don Schad commended the paramedic unit as well. M/Werner expressed the City's appreciation for services provided by the Fire Department. 8.2 SECOND READING - ORDINANCE NO. 01(1994): AN ORDINANCE OF OF EPEALING THE CITY COUNCIL OF THE CITY PTED, EM DIAMONDOND BARRBAR CI TY CHAPTER 15.30 (HOUSING COD, ADDING OF THEM A NEW CHAPTER 15.30 CODE, AS HERETOFORE ADOBy REFERENCE, TO THE DIAMOND BAR CITY CODE AND ADOPTING, THE BUILDING AND PROPERTY ELESEC�OBILITATION UNTY BUILDINGACODE,91988 TITLE 26 OF THE LOS AN ADDITIONS, EDITION TOGETHER WITH CERTAIN en inAMENdicated cated that it was DELETIONS AND EXCEPTIONS - addC/Ping Chapter 99 of Title 26 to her belief the City was adding pealing Chapter Chapter 15.30 (Housing Code) and not re 15.30. ed CDD/Destefano stated that the C deli andareplacingsit repealing Chapter 15.30 (Housing the Housing incorporating almost all Of with Chapter 99, enforcement code provisions thus enhancing existing tools. item over f or two C/Papen requested that the furthers het me to review the weeks to allow the Council text. d to hold the matter to the next The Council concurre meeting. PT/Harmony 8.3 PARKS & RECREATION COMMISSION AaPsPOIpNaT kEs T & MRecreation appointed Mr. Steven Tye Commissioner. GENRAL PLAN ADVISORY 8.4 VERBAL PROGRESS Sugg - M/Werner REPORTeSted thatE consideratioular n of COMMITTEE time, the matter be held over to the next Reg meeting. The City Council concurred. 8.5 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY MARCH 1, 1994 PAGE 10 MPT/Harmony suggested that, in consideration ATTORNEY Regular of time, the matter be held over to the next meeting. The City Council concurred. ested staff to assure that, when the item is C/Papen requ Council, the memorandum should be brought before the City �s Office, on letterhead, if it is from the City Attorney's 0rney's and it should include the Interim City signature. g, NEW BUSINESS: HE CITY COUNCIL 9.1 RESOLUTION NO. DIAMOND BAR APPROVING THE APPLICATIUTION OF T ON FOR HE OF THE CITY OF DIAMO ICE/ BICYCLE AND/OR PEDESTRIAN FUNDS SB821 AND APPROVING ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN - orted that the City proposes to use the $19,761 Wentz rep -94 et through SB821 to funds allocated in the FY 3lanes on Brea Canyon Rd. construct and improve bicycle between Pathfinder Rd. and D.B. Blvd.for ae re m to commended be adoption of a Resolution providing submitted for the l TDA Article be directed d to provide a copy of and that the City Clerk Metro olitan Transportation the Resolution to L.A. County P Authority. C/Miller moved, C/Papen seconded to adopt Resolution No. COUNCILF THE CITY 94-11 entitled: A RPROVING THE APPLICATION FOR BICYCLE CITY OF DIAMOND BAR APTIONAO AND/OR PEDESTRIAN FUNDS SB821 AND APPROVINGhTHthe E OF ITS BICYCLE AND/OR PEDESTRIAN PLAN- follow- ing Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Haony,1sari, MPT/M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None TO 9.2 REHABILITATION OF DIAMOND s reported Othat DiamondAVE. Bar BREA CANYON RD. A /UsherRd. is in n Blvd. between Grand Ave. and Brea Canyon of pavement rehabilieed tation. Staff receivedservices aluatH fourteen proposals for the design ward a design services recommended Nolte &hat he counci Associates, exceed in an amount not to contract to exceed $79,953. Lee saga, managing principal of Nolte & Assbeentselected area office , expressed pleasure at having to provide the needed services. suggested video monitoring to determine and M/Werner during document existing conditions and changes occurring MARCH 1, 1994 PAGE 11 the course of the work, as well as to establish a record for future City activities. C/Papen requested that the specifications state that rubberized asphalt should be used, thus following the City's environmental policies. C/Miller moved, C/Ansari seconded -to award a design services contract to Nolte & Associates, inc. in an amount not to exceed $79,953. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Miller, Ansari, MPT/ NOES: COUNCIL MEMBERS - Nonremony and M/Werner ABSENT: COUNCIL MEMBERS - None 9.3 AD HOC CABLE TV COMMITTEE (CITY COUNCIL SUB -COMMITTEE) - M/Werner stated that an Ad Hoc Cable TV Committee is being formed as a means of negotiating terms of a new franchise contract with the local cable TV provider. MPT/Harmony and M/Werner volunteered to be on the committee. The City Council concurred. Max Maxwell volunteered to participate on the Committee. 10. ANNOUNCEMENTS: nt that the Friends of the Library will hold arated e fundraiser eon March 20, 1994 to help support the Library. C/Papen requested that the budget review meeting scheduled for March 9, 1994 be postponed because she will be in Washington, D.C. on that date. The Council agreed not to discuss budget review items at the March 9, 1994 meeting. 12. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 10:55 p.m. to March 9, 1994 at the AQMD Hearing Room. ATTEST: Mayor LYNDA BURGESS, City Clerk (0 J 3 MINUTES or mum oxww ABOULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 15, 1994 1• CALL TO ORDER: at 7:00 p.m. in the AQMD Auditorium, 1ed 2 865eE a ore vr Diamond Bar, California.Copley Drie PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Werner. ROLL CALL: Council Members Mayor Werner, Mayor Pro Tem Harmony, Ansari, Miller and Papen. Also present were Terrence L. Belanger, Cit Manager; Frank Usher, Assistant City Manager; Michael Montgomer, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim Cit Community Services Director and Lynda Burgess, City Clerk. Enineer; Bob Rose, 2• SPECIAL PRESENTATIONS PROCLAMATIONS, CERTIFICATES, ETC. 2.3 PROCLAIMED APRIL 3 10, 1994 AS "FIFTY DARKNESS BEFORE DAWN'S at Holocaust MmorialE Museum. M/Werner presented the Proclamation. 3 • PIIBLIC COMMENTS: s verifying Calkins, 240 Eagle Nest Dr., noted that the money recall petition signatures could h ve been better spent on ganother project in the City. He stated that City On-line should not be used to communicate derogatory statements. Michael Lowe expressed concern that Diamond Bar Associates (DBA), in the process of suing the City, implied in a letter to M/Werner, MPT/Harmony and C/Ansari that they felt their contributed to project should be reconsidered because of the money they their He suggested that the subject Council Members set the record straight g t for the public. C/Ansari read the letter, which is of public record, sent to the Council Members from DBA, and she read her response to them as well. She explained she took the letter to the City Manager and the City Attorney for their advice and immediately drafted a response. She pointed out that she did not receive any money from any developer during her campaign. In response to an insinuation made in the DBA correspondence, C/Miller stated, as supported by CM/Belanger, that staff was never directed to prepare a negative staff report in regard to the DBA project, nor had any Council Member given direction to staff in relationship to the DBA lawsuit. He also stated that he had always maintained that he would not allow his personal decision whether to sue the developer or not affect the settlement of the City,s lawsuit. MPT/Harmony stated that it had been indicated at an Executive Session that the driving force of the lawsuit was whether MARCH 15, 1994 PAGE 2 C/Miller would agree to back off from any future suits with this developer. RECESS: M/Werner recessed the meeting at 7:25 p.m. RECONVENE: M/Werner reconvened the meeting at 7:35 p.m. 3• PUBLIC COMMENTS CONTINUED: C/Miller clarified that he always maintained that he would never do anything to hamper the resolution of litigation with the City and would do everything possible to resolve it; however, he would not give up his rights as an individual in the event that he chose to sue the developers for slander. M/Werner and C/Ansari concurred that C/Miller made that statement and that he has not done anything to hamper the settlement or harm the City in the settlement process of this litigation. C/Miller pointed out that he did not receive a copy of the letter from the developer, but did from C/Ansari. He expressed concern that MPT/Harmony had made many statements that cannot be substantiated. MPT/Harmony stated that, to his understanding, the promise from C/Miller and C/Papen not to sue the developer had been an obstacle regarding negotiations in the settlement of the DBA lawsuit. He expressed concern regarding the City,s cost in attorney fees for individual Council Members, lawsuits. C/Ansari reiterated that the letter from the developer was made public record immediately upon receipt. C/Papen pointed out that the Council had not approved the DBA project because safety factors could not be mitigated appropriately; however, the DBA has continued to request the Council to reconsider their decision. She stated that, for the record, she has not participated in the settlement agreement regarding this lawsuit and feels the City would win if the case went to trial. She expressed concern that MPT/Harmony is misrepresenting important matters to the public. M/Werner confirmed that he, too, received a letter from DBA and felt the letter was outrageous and showed poor judgement. He stated that he did respond to the letter requesting a clarification on some comments made in the letter. He then read, for the record, portions of the letter he wrote in response, to which he has not yet received a response back from DBA. He expressed his opinion that, though the letter was written in poor taste, reaching a settlement with this developer may still be preferable, and will be discussed later in Closed Session. MPT/Harmony stated that he received the letter from DBA as MARCH 15, 1994 PAGE 3 well, and anyone desiring a copy of the letter should contact the City Clerk. He expressed his ess opinion that the contents of the letter appear to be C/Papen noted that the Rules of ounci sCandustaffdtoadiscuss that it is inappropriate for C et three Council anything with the participants in a lawsuit, y Members have met with DBA representatives. 2 SPECIAL PRESENTATIONS, PROCLAMATION, CERTIFICATES, ETC. (CONTINIIED) Safe 2.1 Anne Stephens made a brief presentation regarding Communities Week and presented the City with a Proclamation on behalf of super visofieldnrepresee Dana. ntative 2.2 M/Werner presented Anne Stephens, with a City Tile for for Supervisor Deane Dana s off ice, her service to the City. Ms. Stephens then introduced Mishal Mathai, her replacement. 3. PUBLIC COMMENTS CONTINUED: Oscar Law pointed out that DBA to other individuals for their candidacy or contributed money iMPT/Harmony and M/Werner. City Council, not just to C/pnsar, He suggested that a political action committee should also be required by law to diesclose ce ved and principals h he benefactorsof thelmoney the source of money r contributed. 24168 Lodge Pole Rd., expressed opposition to the Calvin Lin,try. requested the City proposed sewer system in The Cou the report inicating a need to provide information verifying P for this sewer system. led for CM/Belanger stated that .m. at the Clubhousehad nlocated on Lazy March 21, 1994 at 7:00 p Meadow Dr. in The Country to discuss this project. Lin aga to ICE/Wentz stated that sta d ensure et that with he Mr . recei eslnthe discuss his concerns manner. information he has requested in a timely A resident, speaking on behalf of Trish Bene and himself, ort of the Council allowing a one-time waiver of expressed Supp f Heritage park Community Center for fund fees for use o raising activities. Shaded Wood Rd., thanked all individuals 1824 Sha Don Schad, ram at Peterson Park involved who made the tree planting progr a success. Ron Pineira, 148 Rock River, expressed concern that there are two trash collection days in north D.B. that has resulted in increased noise and safety hazards, and has deteriorated the aesthetic appearance of the neighborhoods because trash cans are left out four days out of the week. MARCH 15, 1994 PAGE 4 Jim Paul, referring to item 6.10 of the Consent Calendar, requested the Council to investigate whether or not the County would install a traffic signal at the corner of CALBOURNE and Golden Springs, perhaps sharing the costs with the City. Frank Dursa, 2533 Harmony Hill Dr., questioned why Western Waste bills their customers for services in advance. He suggested that Western Waste clarify who is eligible for Senior Citizen discounts. He also suggested that Western Waste inform their customers that they do have the option to use their own trash bins. He then stated that the Council should review and consider lowering the amount of money for a contract the City Manager is allowed to approve administratively. CM/Belanger, in response to the concern raised regarding Western Waste, stated that staff has asked to meet with Western Waste and Waste Management to discuss trash day pick up, as well as rate procedures. M/Werner requested staff to reconvene the Solid Waste subcommittee and to review the regulations to determine if there is an opportunity to open the level of competition. William Gross, 21637 High Bluff Rd., stated that the process of verifying signatures on recall petitions is continuing. He expressed concern that Councilmembers Miller and Papen were present during the entire recall process of counting signatures, which may have sent a negative message to the employees. He then stated that JCC and DBA were involved in the recall efforts because developers have a vested interest in the future of the City, and are also interested in preserving the quality of life. He noted that C/Papen received twice as much money than the recall group from Dr. LaPeter contributing to her campaign for election as Assembly person. C/Papen pointed out that the money she received was given after the vote on the JCC project, and she did not vote again once the funds were received. C/Miller pointed out that there seems to be a lot of money contributed to organizations chaired by Mr. Gross. MPT/Harmony stated he lunched with Dr. Buffington, one of the developers, in a very public place because they have been friends for years and will remain so. Katherine Williams, D.B. Jr. Women's Club, expressed support of the City Council allowing a one-time waiver of fees for use of Heritage Park Community Center for fund raising activities. She pointed out that a vast majority of the money raised goes back into the community. Dr. Bishop Rhodes, suggested that the City Council learn to 1994 PAGE 5 MARCH 15, rticularly in a public forum, get along with eachth r, papa. otherwise the City that City er Rising Star Dr. Risi, expressed concern He Steve Nice, used as a forum for political bashing. On-line is being loped for use of suggested that there should be standards deve City On -line, and access rescinded if those standards are not followed. C/papen reported that she went to 4. COUNCIL COMMENTS: Transit D.C. on behalf of the Metropolitan System Washington, Highway Y h the City of LaVerne and Authority to testifyf Rt behalf National announced that for the completion o Station She Claremont out to San Bernardinfo County. new Metro Link ion there will be a groundbreakin n March 30, 1994. She suggested L.A. staff made the at Cal State University re appropriate if gall shifts, that it would ng the Sidewalk City of the arrangements for g onecouncilMember in control rather than should be regulated like all the Council's other program. policies. will not be Dr.Rhodes that the City til the City C/Miller concurred witbusiness appropriately able to conduct City s in an appropriate manner. Council can conduct meeting that the new Council has been in office sued for C/Ansari, noting goal established and pursued loo days, reviewed the followingtriving toward initiating by the Council: the City the business community; economic development program to help the Material ad hoc committee will be formed eJ neo 1994eive financial an last night support to fund the library committee met again the Recovery Facility (MRF) all but one lawsuit rams discuss issues of concern; City has actively pursued pros received repayment of money from the City has been resolved; and obtained for Senior Citizens; from property tax basis; County owed to the ri t residents. She pointed out that the HUD funds to help Y good job in the first 100 days in City Council has done a q office. Hall in C Harmony Pointed out the success o Hsidewalk tthat GPAC is with the residents.He communicating the General Plan in detail e�tree doing a fine job in revising articipated in commended the organizations who P He stated that the MRF Planting program at Peterson of dynamic Park. He namic individuals formed to sub -committee is comp of Industry's proposed MRF• stop the location of the City that the loss of the letter received from Thomas Wolff r•� then referred to ha Beta Centers, stating Center manager of the AlpHills Towne Hamburger Hamlet Restaurant at the country was only partly due to citizen objections- was bj suggested be read at each C/Miller read a passage that he erson's decision to be good. meeting, which referred to each p MARCH 15, 1994 PAGE 6 M/Werner stated that there will be an announcement published in the newspaper and put on the City On-line bulletin board asking for volunteers to serve on a newly created committee to provide technical assistance for the City's pilot telecommunications project. He stated that the first meeting will be held at 7:30 p.m., Wednesday, April 6, 1994 at the Heritage Park Center, 2900 Brea Canyon Rd. He stated that there has also been a card published called "In Touch with City Hall," available at every City department, for the purpose of soliciting responses from the community on concerns and opinions regarding the community. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PANTERA PARK WORKSHOP - March 17, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.2 GENERAL PLAN ADVISORY COMMITTEE MEETING - March 22, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.3 PARKS & RECREATION COMMISSION - March 24, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 PLANNING COMMISSION - March 28, 1994 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.5 GENERAL PLAN ADVISORY COMMITTEE - March 29, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.6 CITY COUNCIL MEETING - April 5, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 COUNTY -WIDE HOUSEHOLD HAZARDOUS WASTE ROUNDUP - March 26, 1994 - 9:00 a.m.-3:00 p.m., 1300 Bridge Gate Dr. 6. CONSENT CALENDAR: It was moved by C/Miller, seconded by MPT/Harmony to approve the Consent Calendar with the exception of Items No. 6.7.1, 6.8, and 6.10. C/Papen announced that she would abstain from voting on Item No. 6.6. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Ansari, Miller, Papen, MPT/ Harmony and M/Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 VOUCHER REGISTER - Approved Voucher Register dated March 15, 1994 in the amount of $222,818.81. 6.2 TREASURER'S REPORT - Month of February 1994 - Received & filed. 6.3 PLANNING COMMISSION MINUTES - Regular Meeting of February 14, 1994 - Received and filed. 6.4 REJECTION OF CLAIMS: 6.4.1 FILED BY COUNTY OF LOS ANGELES - Claim for Indemnification - (Mora Wills, et al) on February 22, 1994 - Rejected claim and MARCH 15, 1994 PAGE 7 referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.4.2 FILED BY COUNTY OF Los ANG and Martinez) Claifor Indemnification - (Ramos Rejected request and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5 RELEASE OF WATER IMPROVEMENTS riS mEComplex) POSTED Released TRACT 36741 (Montefino Condom Surety Bond No. 5218967 for installation of water mains and fire hydrants on Bodega Way and f rmoance and •$i , 000 the amount of $94,000 for faithful p for labor and material. OF A METAL 6.6 NOTICE A CNGPALONG THEFOR NORTHINSTALLATION GRAND AVENUEEAT GUARD RAILING performed by C & W ROLLING KNOLL ROAD - accept the work p Fence Co. Inc. and authorized the City Clerk to file the Notice of Completion and release any retentions upon completion of the appropriate notice period. 6.7 LANDSCAPING ASSESSMENT DISTRICT NUMBERS 38, 39 AND 41: 6.7.2 ADOPTED RESOLUTION NO. 94-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC ND BAR ISSIN THE CITY OF ASSESSMENT DISTRICT NO.I3390 LANDANDCAPINGAND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1994-95. 6.7.3 ADOPTED RESOLUTION NO. 94-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR NT DISTRICT NO. LANDSCAPING ANY SSESSMENTS THEREON FOR 4 FOR FISCAL YEAR 1994-95. A 95. 6.9 ADOPTED RESOLUTION NO. 93-66A: A RESOLUTION OF THE CITY COUNCIL OF THECITY OF DIAMOND BAR AMENDING THE POLICIES AND PROCEDURES AND RE U DTIP,ONS R HE USE OF FACILITIES OPERATED B MATTERS WITHDRAWN FROM CONSENT CALENDAR: ADOPTED RESOLUTION NO. 94-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING8 D SASSESSMENT 3 ASSESSMENTS THEREON FOR FISCAL YEAR 1994 -95N - A 6.7.1 MARCH 15, 1994 PAGE 8 Harmony, M/ Werner C/Miller requested that the language "and City-wide graffiti removal," and any reference to graffiti, be removed because it is inappropriate to include such language in a Landscape Assessment District, which expands the service levels beyond what the district was intended to do. CM/Belanger stated that staff would not propose to do City-wide graffiti removal within the context of a Landscape District; however, if there were to be any graffiti removal activities, it would be related only to those facilities maintained by the District, if this is so desired by the City Council. C/Miller moved, C/Papen seconded to adopt Resolution No. 94-14 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1994-95, as amended by the removal of the words "City-wide graffiti removal." With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari,MPT/ NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.8 ASSESSMENT ENGINEERING SERVICES CONTRACT FOR LANDSCAPING ASSESSMENT DISTRICTS NO. 38, 39 AND 41 - CM/Belanger clarified that the professional engineering services contract to GFB-Friedrich & Associates, Inc. is a three year contract. The fee will be the same for each year, totaling $28,200 over the three year period. He stated that the inflation factor within the contract, relating to the increase in the amount for services only, had been stricken. He recommended that the Council award a professional engineering services contract to GFB- Friedrich & Associates, Inc., in an amount not to exceed $28,200 for Fiscal Years 1994-95, 1995-96 and 1996-97, plus a contingency amount of $5,000. CM/Belanger, in response to M/Werner, explained that staff recommended GFB-Friedrich and Associates, Inc., because the company focuses all its activities on assessment engineering and has been given high recommendations from other clients of this company. MARCH 15, 1994 PAGE 9 ICA/Montgomery suggested that concerns regarding prospective bidders be discussed in Closed Session. The City Council concurred to hold the matter over to Closed Session. 6.10 RESOLUTION NO. 94-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF A PORTION OF GOLDEN SPRINGS DRIVE WITHIN SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES - C/Ansari, referring to the request made by Jim Paul, inquired if there have been traffic studies conducted at Calbourne. CM/Belanger stated that staff had been directed to initiate warrant studies at that location. ICE/Wentz, in response to C/Papen, confirmed that the matter regarding the request for a traffic study would be evaluated by the Traffic & Transportation Commission. C/Ansari questioned if the flashing lights proposed by the County would be needed if it were determined that a traffic signal was warranted at Calbourne or another location. CM/Belanger stated that staff will review both types of signalization as complimentary, and not as mutually exclusive. ICE/Wentz noted that the flashing light is to warn motorists of possible pedestrian crossing ahead. If a signal is found to be warranted at Calbourne, there will be discussion with the County to encourage their participation in the cost of that signal. M/Werner suggested that perhaps the County may consider installing a traffic signal, which can be activated by a pedestrian, at the cart path. ICE/Wentz pointed out that in order to install a signal at that location, there would have to be significant findings to warrant such a signal. He suggested that the City Council approve the flashing beacons, and pursue the signal further to supplement the County's proposal. MPT/Harmony moved, M/Werner seconded to defer the matter to the Traffic & Transportation Commission for a full analysis. C/Papen noted that the County would not be making such a request unless it was not absolutely necessary. The flashing light for the golf course had been needed for quite a while. PAGE 10 MARCH 15, 1994 the following Roll Call vote: Motion failed 2-3 by HarmonY, M/Werner COUNCIL MEMBERS _ Miller, Papen, Ansari AYES: COUNCIL MEMBERS NOES: - None COUNCIL MEMBERS ABSENT: en seconded to adopt Resolution No. C/Pap ent of a portion of Golden 94-15 co moved, to establishmas part of the System of 94-15 consenting the City and that the City Springs Dr. within County; light at Highways of . the L.A. o f a traffic such the feasibility ,s normal process in investigate utilizing the City Roll Call vote, motion Calbourne, With the following matters. carried: Papen, Ansari, MPT/COUNCIL MEMBERS - Miller, M/Werner AYES: Harmony, COUNCIL MEMBERS - None NOES: COUNCIL MEMBERS - None ABSENT: 7. pUBLIC HEARINGS: NONE HELD S. OLD BUSINESS: 01(1994): AN ORDINANCE OF ORDINANCE NO • OF DIAMOND BAR REPEALING 8.1 SECOND READING - THE CITY BAR CITY THE CITY COUNCIL OUSING CODE) OF THE DIAMOND 15.30 CHAPTER 15.30 ( )OPTED, ADDING A NEW CHAPTER BY REFERENCE, CODE, AS HERETOFORE CIA TY CODE AND ADOPTING, CHAPTER 99 OF TO THE DIAMOND B PROPERTY REHABILITATION 1988 BUILDING CODE, THE BUILDING AND S ANGELES COUNTY�DMENTS, ADDITIONS, TITLE 26 OF THE LO EDITION TOGETHER WITH CERTAIN recommended that ri EXCEPTIONS and adop DELETIONSCo ncil approve the second reading the City 01(1994). of Ordinance No. uested the item be tabled en explained that she r Chap ter 99 and the Housing C/Pap ealing the Housing to allow her time to p review to rep chapters Code. She expressed oppositionit ter 99 because the followln Code to adopt Chap Code would be eliminate S ace since d Housing Chapter 5, entitled P in the 'Uniform hpter 99: 6, entitled Structural is not in Chapter entitled Mechanical Occupancy Standards: Chapter 7► current Housing Requirements; She then noted that the but only Requirements. ate Sanitation, under inadequate 9 items list5dinnthe Code lists 15 items Code; and only 5 items in the Building Code, ealing Structural Hazards in Housing She suggested that rather than rep to Building Code. it may be more aPP one code to adopt another, adopt both and accept any duplications. the City ears that stated that sincethe suggested amendment, ICA/Montgomery meeting for Council is in concurrence ov r to the next the item must be carried MARCH 15, 1994 PAGE 11 adoption since the ordinance will have been substantially altered. anddirected M/Werner, upon the concurrence of the Coul,bring the staff to make the appropriate changes the City Council at the next Ordinance back before meeting for second reading. g,2 VERBAL PROGRESS REPORT ON GENERAL PLAN ADVISORY COMMITTEE orted that the GPAC proceedings are moving - M/Werner rep facilitated by City consultant forward, and are now being Dale Beland. He stated that a concern of n composition raised the regarding a possible imbalance of the ismpfelt that the GPAC committee members, whereby o erty owners developers are more represented than pr erha s there in the community. He stated that P P if the living appearance of an imbalance; however, may be an app the imbalance entire makeup of the GPAC is considered, 'stated that he probably would not amount to much. this time; would prefer not to change.the rules atCity essues Council, however, when the document comes beforthatmay appear to he will try to reconcile any have had an imbalance. who MPT/Harmony expressed developers concern with havingmembers. are not residents participate on GPAC as voting He suggested that those developers that are non-residents be removed from the GPAC. PAC meetings, expressed her C/Ansari, who has hosted all G support with leaving the compthaosition of GPAC as it is een noting that her now. She stated GPACthave voted she has bdifferently from each appointees to Most people, builders, other on various issues. together as Sh developers, and/or residents are not voting a group. e pointed Out ht the document 1 Commission and the ll sCity have to go through the Planning council review process. ter ctive, at C/Miller stated that it wo b seem coun u n ngp androdu removing this point in time, to g together this members of a body that has been working long on revising the General Plan. Star Dr., an appointee on GPAC, Steve Nice, Rising are residents of the who pointed out that GPAC members, approximately City, are representing voters at a ratio of who are non-residents of the 2,000:1, Yet the developers, re resented by 5 GPAC members at a ratio City, are being P He stated of 3:1. The misrepresentation is obvi to•eXpress this that many GPAC members have been trying'n unable to concern for the last few has been helds but onthaover ve efrom meetine do so because the matte h the to meeting. He stated etherat lon tissues. Thoug developers are voting tog PAGE 12 MARCH 15, 1994 should not ortant, they the developers are imp that the Planning input from s. He stated also should not have the voting privilege members of GPAC ent will come that are since the docum he Commissionerrepresentation response to M/Werner, have voting review. In un to move before them for inion that the process has beg expressed his op with the assistance of Dale DeB. be forward eXpeditlously privileges that the residents o it is important the voting P of the however, resented by adjusting satisfaction properly rep would rate his He stated that he 50%. decisions made at about 2 3 of the ointed out that since it requires / resent at a meeting to 5 A resident p GPAC members present chanCe for majority of those then there is their personal approve a motion, control other than developers to have any persuasion. a quorum requires the that and a majority CDD/DeStefano clarified 4 GPAC members, presence of 2/3 of the requires 1/2 plus one of those in attendance vote req that non-residents his opinion an issue as Max Maxwell expressed ng privileges on that though should not have He indicated o slowly in important as the General wlasnOving along much too fast Imp. eview process accelerated are the GPAC r it has now been the issues they the beginning, are unclear on allow the that many members t was decided to upon. He inquired how i voting p developers voting Privileges. to invite the explained that he decision e isi nay the January CDD/DeStefano exp during was reached developers occurred and a consensus vote. There was also 1994 1994 council representatives a of January 11, allow their repst ers• discussion at the- iverreprese tatives for the develop s determining the input 1 that the developers only allow stated Council should Max Maxwell the City He eXpressed concern however, is onCe again appreciated; to residents- process voting privileges Plan revision p by the City that the General and controlled ram rodded through,t from the citizens. being without full input an Council that there t sne concurred She stated Barbara Beach-Cour presentation on the GPAC. a block. vote 1n Plan is imbalance in the reP that the General that it is obvious tconcern that pes Ge not understood bn She expressed her technical language written in highly She also expressed concern planning eneral public. that is now speak at the g environmentalist longer sp Schad, an was told that he could ner, is allowof Commissioner, et Jan Dabney, a develop one example GPAC meetingsnuts presentation. This is make a 45 MARCH 15, 1994 PAGE 13 the imbalance of s tisfactiGPAC ono of stheShe stated decisions that she would rate her about 50$ to 60$. M/Werner, in response to C/Papen, explained that GPAC did not make rules regarding the speaking privileges; tan two however, there is a concern that t tbecomes ah public commissioners at a GPAC meeting, meeting of that commission. CDD/DeStefano stated that, with the reorganization of the Planning Commission at their March 14, 1994 meeting, the Commission decided to appoint Don Schad to be represen- tative of GPAC with David Meyer, the chairman. Though the representatives do not have voting privileges, they are not restricted from participating in the discussion however, they were advised to proceed cautiously process; provided at the GPAC meeting with respect to the input a recommendation to the since they will be making City Council. ICA/Montgomery stated that since the GPAC meetings are noticed, there are no problems with more than two commissioners attending a meeting, nor is there a problem. expressing opinions and Commissioners with Planning participating in discussion, as long as they keep an open mind. ur oses, the C/Papen suggested that, for consistency p P issions appointed to the GPAC should members from the comm ess there has been a change in remain the same, unl chairmanship. that the proponents of the two Tom Van Winkle stated referendums and those who participated in the laThe st election desire dsoand low too Clled growth ity Council nee act accordingly to meet t egrowth�needs of those citizens. Bernie Mazur, a developer representative of GPAC, in stated that he tries to vote on response to M/Werner, issues that he feels the general populous wouldinothe however, if it relates to the issu hof ity e would in a back area of The Country Estates,unison specific way. He stated that 1i1 does not vote in he i terested i voting o with the other developers, noting that each of the with the other developers, rind, and vote developers have their own issues to g according to their own consciousdo pay taxesstatin that the developers, though not citizens, community, and they are members of the community who are concerned abut the direction it is taking. George Barrett expressed his opinion that people who don't have to live with the rules or regulations they PAGE 14 MARCH 15, 1994 ' Should not be allowed to participate in making help make, regulations. the rules and req beneficial a tally M/Werner suggested that lea h issue sotheCity Council is kept of thbe e votes can get a sense of whether there is an imbalance - is notcan ated discussion and on Max Maxwell rather the issue the issue open formality of the vote, but He stated theGPAC political maneuver h rider open discussion between He meetings not only precludes open public discussion for members but is also p developers have spoke expressed concern that some et Don schad, who has never eriods of time, y eak. It appears that lengthy p may not sp ree. He missed a GPe�smcontrol the meeting to some deg be the develop developers voting privileges recommended that the rescinded, each vote be that a tally count of C/Ansari Suggested She asked Mr. Maxwell to list his kept on each issue, concerns that he would like addressed- Suggested that the the late hour, Sugg to an M/Werner, noting agenda be held over items on the Council remaining Council meeting and that the City He Adjourned City Closed Session. meeting be adjourned following suggested that this discussion asswell continued to allow the GPAC to discuss the issue continue the MPT/Harmony moved, C/Ansari seconded to agenda iCouncil tems to an adjourned City remaining g 1994. meeting on March 23, Continued TENTION, ATTRACTION & DEVELOPMENT 8,3 BUSINESS RE94 to Adjourned Regular Meeting of March 23, ITER OF REQUEST FOR INFORMATION FROM FORMER CITY - 8.4 MP► Adjourned Regula Meeting of March Matter continued to Adj 23, 1994 9. NEW BUSINESS: ES OF MEMBERS OF MATERIALS C Continued 9.1 ANNOUNCEMENECOVERY T OF AND CULTURAL ARTS COMMITTEE 1994 FACILITY (MRF)ANDRegular Meeting of March 23, matter to AdjournedAMENDMENT _ NUMBER 2 _ 9.2 FY 1993-94 MUN ICIPAL BUDGET Regular Meeting on March Continued matter to Adjourned 23, 1994 10. ANNOUNCEMENTS: at M/Werner recessed the meeting 11. CLOSED SESSION: Litigation (G.C. 54956.9), 11.05 p•m. to Closed Session. MARCH 15, 1994 PAGE 15 Diamond Bar Associates v. city. ICA/Montgomery announced that Council had approved Amicus Participation in a case involving the City of Pacifica, Dutton v. Quinn, at no cost to the City of Diamond Bar. No actions were taken regarding the case Diamond Bar Associates v. City. 12. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 12:10 a.m. to March 23, 1994. ATTEST: Mayor LYNDA BURGESS, City Clerk MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 28, 1994 CALL TO ORDER: Chairman Meyer called the meeting to order at 7:08 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 Chairman Meyer. ROLL CALL: Present: Chairman Meyer, Vice Chairman Plunk, Commissioners Grothe and Li. Commissioner Flamenbaum arrived at 7:11 p.m. Also Present: Community Development Director James DeStefano, Planning Technician Ann Lungu, Interim City Attorney Michael Montgomery, and Recording Secretary Liz Myers Absent: None MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Al Perez, residing at 703 Pantera Drive, questioned why he received a notice of a public hearing regarding the heliport issue if it is not on the agenda for tonight's meeting. Chair/Meyer apologized to Mr. Perez for the apparent error. He explained that the public hearing for the heliport issue is to be held next month. However, he invited Mr. Perez to address the Planning Commission on issues of concern if he is unable to attend the March meeting. CONSENT CALENDAR: 1. Minutes of February 14, 1994 Moved by C/Grothe, seconded by C/Li and carried unanimously to approve the minutes of February 14, 1994, as presented. OLD BUSINESS: 2. Planned Sign Program No. 94-1 CDD/DeStefano reported that, upon notification of the Commission's direction, the applicant, Emilio Estrada, indicated a desire to redesign the freestanding sign. However, staff has not yet received a proposal for a redesign of the sign. It is recommended that the Commission review and consider adoption of the Draft Resolution of Denial. VC/Plunk, noting that the phone number indicated on the February 28, 1994 page 2 proposed. sign is not a Diamond Bar number, inquired if the sign is actually for an off-site business. Chair/Meyer explained that the business on site sells wholesale nursery items. The location of the primary business is in the City of La Puente. Moved by C/Grothe and seconded by C/Flamenbaum to adopt the Resolution of Denial. The Motion CARRIED 5-0 as follows: AYES: COMMISSIONERS: Grothe, Li, Flamenbaum, VC/Plunk and . Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None NEW BUSINESS - None CONTINUED PUBLIC HEARING 3. Zoning Code Amendment No. 93-3 - property Maintenance Ordinance CDD/DeStefano reported that staff has revised the draft Property Maintenance Ordinance by incorporating the changes specified at the February 14, 1994. However, staff has noted that there are still some areas in the document that need further refinement. Furthermore, staff has also received communication from two members of the public with some very specific changes to the document. It is recommended that the Planning Commission review the draft document, make appropriate changes and forward the Property Maintenance Ordinance to the City Council for their consideration. Chair/Meyer requested the Commission to provide their input prior to opening the public hearing. Chair/Meyer requested the following amendments: delete the word "between" from the definition of Driveway on page 6; item (B), which was omitted from Section 22.54.120 Motor Vehicle Parking, should be put back into the document as written on page 12; the phrase "within the front yard or side yard abutting a street, or within the side yard or rear yard" in Section 22.54.120, page 8, needs further work, or the section should be written as on page 12; replace the words "deemed substandard", in Section 22.54.130 Building Maintenance, with "deemed to be in violation of this section"; add the word "so" after the words "watered" and "manner" in Section 22.54.140 Landscape Maintenance on page 9; add "or a nuisance per se" following "constitute a public nuisance" in Section 22.54.150 Fence and Wall Maintenance (A) on page 9, as well as throughout the document for consistency; replace "as permitted February 28, 1994 Page 3 by the Building Code" in the last sentence in Section 22.54.150 Fence and Wall Maintenance (B), on page 10, with "as permitted by applicable law", and do so throughout the document for consistency; eliminate the word "except" from Section 22.54.190 Motor Vehicle Parking (B) on page and readdress if "two" or "three" such vehicles are permitted,- amend ermitted;amend Section 22.54.210 Landscape Maintenance, on page 13, the same way as on page 9; indicate "applicable laws" in Section 22.54.250 storage in Yards, on page 15; add "or nuisance per se" to "nuisance" on page 23, Section 22.54.400 Abatement Procedures; change the word "party" to "affected party" in Section 22.54.400 (A) Hearing Notice, item 31 and add "certified and regular mail" to this section as well in item (C) Order of Abatement; amend the word "hearing" to "hearing(s)" as indicated in item 2, section 22.54.400 (B), page 24; the "Code Enforcement Official" found in the seventh line in Section 22.54.400 (D) Extension of time To. Perform 11 Work, on page 25, should be amended to read the Hearing Officer", and include a provision that the hearing officer may take into account economic hardship as well as "physical ability"; and perhaps a flow chart would be beneficial, at some point, .in terms of the abatement process. Chair/Meyer, in regards to the second paragraph of Description of Actions Necessary (To Abate Unlawful Conditions), on page 26, question if the public right-of-way is the responsibility of the property owner to maintain or the City's. ICA/Montgomery explained that the right-of-way to the curb, typically, is the property owner's duty to keep neat and tidy; however, since it is in a public right-of-way, the City can remove or trim trees, etc. The City has an easement over it for public street purposes. Chair/Meyer, continuing with suggested amendments, stated the following: include "or City Council if applicable" to ..after the date of such decision of the Planning Commission", on page 27, Section 22.54.410 Limitation of Filing Judicial Action; insert "or City Council" to the "...extended by the Planning Commission," in statement, the section 22.54.420 (A) Abatement of Public Nuisances by City, on page 27, and change "Code Enforcement Official" to read "City Manager or his designee"; change "Code enforcement Official" throughout section 22.54.430 to indicate Manager or his designee"; delete "Planning Commission Secretary" and replace with "City Clerk" on page 28, Section 22.54.450, and revisit if it is appropriate that the determination of "assessments" should be a responsibility of the Planning Commission; replace "Planning Commission Secretary" in Section 22.54.450 (B), on page 29, with "City Clerk" and included "and the City Counc "following 11 ... protest to the Planning Commission"; replace Enforcement official" with "City Manager" as indicated in the first line of Exhibit B, Example of Notice, on page 30; February 28, 1994 Page 4 replace the word "order a refund" with "recommend a refund" in the first line of Section 22.54.490 (C), on page 31; and Section 22.54.510 should be drafted in accordance with the District Attorney's letter dated June 28, 1993. CDD/DeStefano, correcting a statement he made earlier that Section 22.54.120 (A) Motor Vehicle Parking, on page 8, should correspond with the same section on page 12, stated that, after reviewing his notes, Section 22.54.120 (A) is written as directed by the Planning Commission; therefore, further direction will be needed. He noted that Section 22.54.120 will also need to incorporated subsection (B) as referenced on page 12. C/Flamenbaum, referring to Section 22.54.120, stated that he prefers the verbiage as written on page 12; however, if it is the desire of the Planning Commission to amend the section, he suggested that Section 22.54.120 (A) be amended to read, "All parking of motor vehicles... in compliance with all applicable codes," deleting the remainder of the paragraph, and inserting subsection (B) from page 12. He stated that the sentence, "If parked on a side yard, pedestrian walkway of a width of not less than 36" shall be maintained for public safety access purposes." could be retained. However, the statement "within the front yard or side yard abutting a street, or within the side yard or rear yard" is confusing, and should be omitted. C/Grothe concurred that the last sentence, "If parked on a side yard ... access purposes," is acceptable. He pointed out that omitting "on one side yard" now permits the parking of an 8 foot motor home on the side yard, but with a 36" walkway, which was not the intent of the Commission. Therefore, the statement "on one side yard" should be retained. He concurred that the verbiage on page 12 is preferable. ICA/Montgomery expressed concern that Public Safety Officials may require access on both sides of the property. Upon the concurrence of the Planning Commission, staff will reinsert the statement if deemed necessary. The Planning Commission concurred. C/Flamenbaum made the following suggestions to amend the document: delete the word "maybe" in Section 22.54.050 on page 5, and include those specific items believed to be a nuisance per se, such as the parking of 18 wheelers on private residential property, tires used as planters in front yards, and automobiles parked on unpaved portions of the front yard for periods in excess of 72 hours; and reword the first sentence in Section 22.54.140 Landscape Maintenance, on page 9, to read, "All landscaped areas within the front yard within any developed lot..." CDD/DeStefano pointed out that some properties back up to the February 28, 1994 Page 5 boulevard and their back yards can be seen off of Diamond Bar Boulevard. C/Flamenbaum stated that it was the consensus of the Commission that any area behind the house was a private concern of the property owner. C/Grothe stated that he recalled it was the consensus of the Planning Commission that the landscaping in all yards shall be maintained with the intent of getting the weeds pulled on those hillsides. C/Flamenbaum pointed out that the problem of weeds on slopes are better addressed with hillside abatement or weed abatement provisions, not landscape maintenance. The back yard of someone's property should not be the concern of the City. Following discussion, the Planning Commission concurred to reword the first sentence in Section 22.54.140 to specifically indicate front yards, and developed property. C/Flamenbaum suggested that the second paragraph, first sentence of Section 22.54.140 be amended to add the word "substantially" before the words "free of debris". He reiterated his desire to specify examples of "public nuisance or nuisance per se" in the Abatement section. ICA/Montgomery explained that a "nuisance per se" is defined as something that exists that is hazardous to health or safety, and a "nuisance" in general is a question of fact if it is a nuisance or not. He stated that it would be acceptable if the Planning Commission desired to insert examples of a "nuisance per se.11 VC/Plunk suggested that Section 22.54.110 Storage --Front Yard/Side Yard Abutting a Street (A), on page 7, be amended to permit boats. She also suggested that Section 22.54.140 Landscape Maintenance, on page 9, include a provision addressing property owners that are maintaining a portion of the property specifically for wildlife habitat. Chair/Meyer noted that one of the suggestions is to specify that landscape maintenance provisions apply only to front yards. Therefore, if the suggestion is accepted, then maintaining back yards in a natural condition wouldbe acceptable. Chair/Meyer declared the public hearing opened and invited those wishing to speak to come forward. Al Rumpella, residing at 23958 Golden Springs, pointed out the Vehicle Code does not permit commercial vehicles over 10,000 pound gross weight to be off a truck route, thus addressing any problems regarding 18 wheelers in residential areas. He February 28, 1994 Page 6 then made the following recommended changes to the document: delete "of the community or the comfort or convenience" from the second sentence in Section 22.54.040 Public Nuisance, on page 5, and delete the words "comfort and convenience" at the end of the sentence; delete "boats" and "camper shells" from Section 22.54.110 (A) Storage, on page 7; and define the word "fence" in Section 22.54.110 (C) because wrought iron and chain link fences provide no screening from public view as required. C/Grothe suggested the word "from public view" be stricken so it would read, "a street shall be screened by an approved wall or fence." Al Rumpella continued with the following suggested changes: amend Section 22.54.120 Motor Vehicle Parking, on page 8, to indicate "on one side yard"; define "fence" as indicated on page 10, Section 22.54.150 (B) Fence and Wall Maintenance, and on page 17, Section 22.54.290; include language addressing the need for a reply to written notices as indicated on page 24, Section 22.54.400 (A), item 3; replace the word "Code Enforcement Official" on page 25, Section 22.54.400 (D) and throughout the document, with "City Manager or his designee"; correct the spelling of "follow" as indicated on page 27; amend Section 22.54.520 Continuing Violations to indicate one offense until the problem is taken care of; and include language pertaining to a "grandfather clause". Don Gravdahl, residing on Minnequa, suggested the following amendments: the statement "maintained for the transportation of persons for hire, compensation, or profit...", as indicated in Section 22.54.060 Commercial Vehicles (a), needs further work because it includes a vehicle used by a business person to carry a briefcase; Section 22.54.120 Motor Vehicle Parking, as written, effectively takes all RV's off the side yard and on to the street, and should be amended to indicate "on one side yard"; there should be a provision addressing the maintenance of public facilities by public agencies; the provisions should address the maintenance of landscaping in drought conditions; and Commercial Parking should define "paved" because the RV storage area parking lot on the corner of Brea Canyon and the 60 freeway is gravel. Bob Zirbes made the following suggested changes: define "indecent" as indicated on page 5, Section 22.54.030 Nuisance in General; omit "boats" from Section 22.54.110 Storage, on page 7, and address "camper shells" in the Parking section; add "economic hardship, and/or physical handicap" to the last sentence of Section 22.54.400 (D) Extension of Time to Perform Work; and delete Section 22.54.520 Continuing Violations, on page 31. Oscar Law suggested that the Draft PMO include a "grandfather" clause to permit existing nonconforming uses. February 28, 1994 Page 7 CDD/DeStefano pointed out that allowing a "grandfather" clause may require an inventory of the entire community in order to determine the amount of time the situation has been existing, and to verify that it did not occur just shortly before the enactment of the ordinance. Rick Imperial, residing at 1318 Crestmont Drive, expressed his support of the draft PMO. There being no one else wishing to speak, Chair/Meyer declared the public hearing closed and returned the matter back to the Planning Commission for consideration. C/Flamenbaum questioned if including a grandfather clause would make it difficult to enforce the Ordinance on such problems as spare tires in front yards, parking on grass, etc. ICA/Montgomery stated that a zoning ordinance can't operate to compel immediate discontinuance of an otherwise lawfuly established use, unless that use constitutes a public nuisance. A provision could be included in the PMO allowing a reasonable amount of time to abate that nuisance; however, the City cannot categorically permit certain nuisances to continue if declaring more recently arriving nuisances to be illegal. ICA/Montgomery then defined a "nuisance per se" as a nuisance which is a nuisance by virtue of it's very existence and requires no burden of proof on the public agency to establish it as a nuisance, such as an open hole in a school yard, a car on fire in a parking lot, etc. Chair/Meyer pointed out that the discretionary review procedure allows these unusual cases to be determined on an individual basis, allowing discretion to the hearing officer relative to abatement proceedings based on economic hardship, physical disability, and other such items in the relevant staff report. He concurred with C/Flamenbaum that grandfathering in existing situations thwarts the entire process of the PMO. Following discussion, the Planning Commission concurred to direct staff to include verbiage in Section 222;54.400 (D) Extension of Time to Perform Work, on page5 adding a provision similar to a variance finding of fact giving the hearing officer greater latitude to determine extending the period of time for abatement. RECESS: Chair/Meyer recessed the meeting at 8:50 p.m RECONVENE: Chair/Meyer reconvened the meeting at 9:03 p.m. CDD/DeStefano suggested that Section 22.54.400 (D), page 25, could be amended to indicate "there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location, or February 28, 1994 Page 8 licable to other are not generally app identical zoning that and under of time is surroundings the same vicinity R extension right properties in 1l and indicate ro erty an class ication owners of other essary for the preservation of a o 5essa Y al p nec applicant, such as that p and make a finding of the aPP and zone"not be materially property or in the same of 1 time would to other "the extensionublic welfare or be injurious �� that to the p vicinity and zone• detrimental in the same property or improvements the suggested language - The Planning Commission concurred with brought then discussed all the issues The Planning Commission the following, forward, and concurred with side yard abutting Section 22.54.110 Storage --groat yard/ o 7) a street (pageand abutting a street �l , ..side y �� Side �, to read, approved wall or fence. Died Reword item creened by is behind the aper shall be that which yard is defined as fence or wall. "camper to delete "boats", and change Reword item A- camper shells"- shells" to "dismounted 120 Motor Vehicle Parking (Page s) 22.54. o Section "If parked on a Reword item A•• last sentence, to read, width of not en pedestrian walkway or one side yard for side yard, an °p p less tan 36" shall be afi11 ned ri on the verbiage on public safety access purposes. page 12 for item B- 9) Section 22.54.140 Landscape maintenance (page o ed areas "All landscaped parcel of any developed lot bout the Reword the first sentence t i rea 1; , and throug within the f s slgle fame Y the first sentence in designated as Reword shall be consistency. Landscaped areas free of document foraragraph to read, the second p substantially kept in a neat and clean condition, debris and dead-.." intenance (page 10) o Section 22.54.150 Fence and wall walls "Alll fences and B. to read, as permitted by applicable Reword item materials, Code should be utilized... such �► es to the Building law. "• All �reiicable law." Changed to aPP age 12) vehicle parking (P o Section 22.54.190 Motor than two such ndicate that Change item B. to i"no more February 28, 1994 page 9 parked d on any such lot or permitted vehicles may The intent of the provision is parcel at any one time." to restrict the number of vehicles used for business purposes. o Section 22.54.280 Landacap e maintenance (page 16) Include the word "substantially" prior to the words "free aragraph► first sentence. in the second p eat the of debris..." replacing The entire document should sub tant ally"'re changes adding the word " laws,,, and adding "Building Code" with "applicable etc., throughout the document for "nuisance Per sell, consistency purposes. ublic Section 22.54.400 procedure for abatement of p ° 23) nuisances (page"The first sentence in item 3. Reword the to read, written notice and order of abatement and regularll bmailr the affected party to art by cern Y The PMO need not include a provision that notices should because it may not belre mired, be in multiple languages and, if it were, a different statute would apply to that situation. change "Code Enforcement Official" to "Hearing Officer", g Item (D) Extension Of Time and/or erfop Ysical on page 25, „ hardship, or and include economic and include the disability" to the last sentence, CDD/DeStefano granting the provision mention earlier by approval to extend the Hearing Officer discretionary roceedto based upon length of time for the abatement p findings of fact. Diagram A Illustration Of Lot Line And Yard Designation o (page 22) Change the "Street" designation to "Curb Face". 0 Exhibit "A" (page 26) Include a f low chart in an administrative manual to reference Exhibit "A". Section 22.54.420 Abatement of public nuisances by the ° 27) city (page �, where applicable, and indicate the 'Insert "City Council ", where appropriate "City Manager or his/her designee", throughout the document. dangerous 0 Section 22.54.430 Abatement of imminently February 28, 1994 page 10 Public nuisances (page 28) Change "Code Enforcement Whore appropriate Official�� to " appropriate throughout the document. Manager Official to redefine that the It may be is the City Mana Manager Code Enforcement o Section 22, g °r his/her designee, 28) 54.450 Procedure for special assessment Chan a �� (page g Planning where appropriate l� Commission Secretar throughout the g Y t ho o o "City Clerk,vt Section document. 22.54.510 Right of entry Retain (page 31) subsection (A) as drafted Deputy itY Attorneys letter per the that dated June °pinion of the be governed at all right to enter Private28• 1993 which applicable State and Federallaw.will Retain subsection (B) as drafted it is Deputy City Attorneys letter per the opinion of the a matter of case dated June 28 law, , 1993, since ° Section 22.54.520 Continuing violations (page 31) The Planning Commission as written. concurred to retain the language The Planning Commission concurred that t reference that the intent through the is to he desire is to abatement procedure correct the . not throe situation ICA/Montogmery su through fines. one violation that suggested that the violation be viewed as continues till abated. The Planning Commission forward but not then discussed Yet addressed, and concurred follobrought o Responsibility on issues of Maintainin ng' q Public Facilities The Planning Commission impose it's ordinance on noted that a can a Public other Public agency cant because agency impose it governmental agencies it would not prosecute itself, upon itself nor ° waterin Watering Property during Drought Conditions The Planning not g Commission noted that "ade ll appropriate. over "adequate ll watering °r. c watering because other conditions cutting back as Provision codes would need not be mentioned in the code. automatically Y vacate the February 28, 1994 Page 11 o Commercially Paved Areas The Planning Commission noted that gravel is acceptable in the definition of paved. o Sunset Clause The Planning Commission concurred that a sunset clause need not be recommended because it is already the responsibility of the Planning Commission to review the General Plan every two years, and since implementing ordinances must be consistent with the General Plan, a forum is already provided to review such ordinances. o Nuisances per se There was discussion to insert specific definitions that were cited by the applicable civil code, or case law in the State of California. ICA/Montgomery reviewed the various examples cited. He noted that aesthetic tastes would probably not come under a nuisance per se. A nuisance per se must be a genuine health and safety hazard. Following discussion, the Planning Commission concurred to retain the language as written. Moved by C/Grothe and seconded by C/Li to recommended that the City Council adopt draft Property Maintenance Ordinance, as amended. The Motion CARRIED 5-0 as follows: AYES: COMMISSIONERS: Grothe, Li, Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None INFORMATIONAL ITEMS Flamenbaum, VC/Plunk and C/Li and C/Grothe expressed their appreciation for having been able to serve on the Planning Commission. PRESENTATION OF PLAQUES TO OUTGOING COMMISSIONERS Chair/Meyer presented plaques to C/Li and C/Grothe extending the Planning Commission and staffs appreciation for their input and service the past year(s). Chair/Meyer informed the Commission that the City Council has requested the appearance of the Commissioners, both incoming and outgoing, of all Commissions to attend the City Council meeting of February 28, 1994 Pago 12 March 1, 1994 for the swearing in and the presentation of City Tiles. ADJOURNMENT Moved by C/Grothe, seconded by C/Li and carried unanimously to adjourn the meeting at 9:55 p.m. Respectively, /s/ James DeStefano James DeStefano Secretary Attest: /s/ David Meyer David Meyer Chairman CITY OF DIAMOND BAR MINUTES OF THE TRAFFIRC AN1D 1 FEB�1 PORTATION COMMISSION CALL TO ORDER Chairman Chavers called the meeting to order at 6:41 p.m. at the South Coast Air Quality Management District (AQMD) Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Vice Chairman Gravdahl. ROLL CALL Commissioners: Ury, Cheng, Esposito, Vice Chairman Gravdahl, and Chairman Chavers. Interim City Engineer George Wentz; Senior Staff: Traffic Consultant Warren Engineer David Liu; Sieke; Engineering Consultant Mike Myers; Administrative Analyst Tseday Aberra; Sergeant Rawlings; and Contract Recording Secretary Liz Myers I. APPROVAL OF MINUTES 1. Meeting of December 16, 1993 and January 13, 1994 C/Ury indicated that he willbe because heabstainingwasabsent votinat nthat the minutes of December 16, 199 subject meeting. Moved by Vice Chairman Gravdahl, seconded by Commissioner Esposito and carried unanimously to approve the minutes of December 16, 1993 and January 13, 1994, as presented. The Motion carried with the following vote: AYES: Ury, Cheng, Esposito, VC/Gravdahl and Chair Chavers NOES: None ABSTAIN: Ury (for the meeting of December 16, 1993) ABSENT: None II. COMMISSION COMMENTS - None III. PUBLIC COMMENTS that the Southern California Council Member Papen reported (SLAG) has recognized a new Association of Governments transportation study group called Four Corners, which includes Chino Hills, Yorba Linda, Brea, CalTrans Districts 7, Diamond Bar, Agencies, thus allowing 8, & 11, and the Four County Transportation Ag February 10, 1994 Page 3 Chair/Chavers opened the meeting and invited those to speak to come forward. g wishin John Urban, on behalf of Evergreen Elementary School, that the statistics reg t ool, stated Pedestrians in a one-hour regarding the amount of cars and than meet the criteria to wart nt front of the school more crossing guard. He presented photographs depicting the blind areas, and the down grade slope of Evergreen Springs Drive that results in vehicular speeds that are endangering the children. in higher Officer Glen Kundey, representing Club, stated that man the Evergreen Community Cl the down grade y People exceed the speed limit, because Springs Drive slope coming south bound on which is not a controlled intersection. stated that many people making U-turns double parking in the cross walk ' and He out on the street along with parking and/or Out o u , all create blind spots for motorists for the children is theecrossing oted that the only safety net guard. Chair/Chavers requested staff to investigate the t control devices that could be used in the area to restrict U- turns and help alleviate the traffic flow. type of James Arenas, on behalf of disputed some of the calculations reflected in the study whle Hill Elementary ich resulted in the changes in the criteria for crossing He pointed out that there y h uninterrupted is about 3/4 of a g guards. P curvature on Maple Hill Road from Mountain Mile of Laurel Way, which dead ends into Maple Hill Road where the crossing guard is located. at his intersection If there is not a crossing jeopardized. He suggested many children's lives g guard recommendation, and gencouraged the audience to attendwill be mmission accept staff's Council meeting to express their concern for the saf tthe y ofCthe children. Marsha Pace, on behalf of Castle Rock Elementary School stated that two thirds of the students attending either walk or are driven to school. She stated that school' parents also double park and make u -turns with no regard to the safet he y of the children. The dangerous condition is further intensified because the intersection of Cold Springs Lane and Castle Rock. Road does not have a four way stop sign, and the intersection of Brea Canyon Road and Cold Springs L e experiences a lot of fast moving traffic, g ' petition signed b Lane y over 300 students She submitted a written by over 300 parents , and submitted letters guard. she stated that they, asking to keep the crossing presented in the traffic study; too, dispute the statistics February 10, 1994 Page 4 Rosetta Pochecko, residing at 876 Lyonwood Drive, on behalf of Walnut Elementary School, stated that many parents at their school also make U-turns in the cross walk with no regard to the safety of the children. It is critical that their school receive a crossing guard for the intersection of Lycoming Street and Glenwick Avenue because eventually some one will get killed. She offered to be a crossing guard for the school. Carolyn Hawl, principal at Quail Summit Elementary School, stated that four children from the school have prepared an essay as to the reason why a crossing guard is needed for their school. Jonathan Martinez, Jennifer Li, Chad Laclusik, and Kimberly Garcia all read their essays stressing the importance of safety and the need for a crossing guard at their school. Jim Miller, residing at 21330 Chirping Sparrow Road, on behalf of all the schools, stated that everyone has presented testimony regarding their concerns for the safety of their children at their schools, and it would not seem advisable to make the situation less safe than what is currently existing. He asked if the City could somehow enforce no double parking and u -turns in the school areas. He requested that the City consider the safety of the children ahead of statistics, and dollars and cents. There being no one else in the audience wishing to speak, Chair/Chavers closed the meeting and returned the matter back to the Commission for consideration. Moved by C/Ury and seconded by C/Cheng to accept staff's recommendation that (1) the City maintain the nine (9) existing crossing guard locations until such time as they become obsolete; (2) any -potential future locations must be required to meet the City's Adult Crossing Guard Warrant Analysis Criteria; and (3) the City provide an adult crossing guard at the intersection of Diamond Bar Boulevard and Golden Springs Drive. Chair/Chavers pointed out that, though the City can increase enforcement in these areas, the problems in front of the school are caused mostly by parents. He pointed out that crossing guards cannot be placed on every corner of every street, and it is important that parents begin to drive more safely. The Motion carried 5-0 with the following ROLL CALL vote: AYES: Ury, Cheng, Esposito, VC/Gravdahl and Chair Chavers NOES: None ABSTAIN: None ABSENT: None page 5 February 101 1994 vI. OLD BUSINKSS A. Striping on Mountain Laurel Way at Diamond Bar Boulevard vard/Cold Springs Lane and a reported that staff conducted traffic counts at 1 e pp,/ pberr P f or comparison intersections of Diamond Laurel Way unnecessary delay Diamond Bar Boulevard/ prevents purposesmotorists when the through traffic to determine if there would be an it to right turning When the data was compared,of right turn on right movements.intersection eater then ound that the traffic r Boulevardtwas 50$ gr ecti vard. was f Diamond Bar Diamond Bar Bou Mountain Laurel WaY/ rings Lane/ of the curb lane the traffic volume at Cold SP It is recommended that The data also indicated unnecessary that tdelay erred use a left should not caus end to the City Council to strip the Commission recomm roaches of and through lanes on theDeatboond Bar Boulund evard and nandpinstall l00 on the north side of Mountain Laurel Way Mountain Laurel Way at feet of red curb between Silver Rain Drive and Diamond Bar Boulevard. eit based ICE/Wentz stated that the recommendation hold is and figures identif i on is, s also functioning as d at this intersectlO upon the facts a compelling reason however, he noted that d there is not a hug He stated that it presently exists, Operations. a change the current oP the request made by tonecessarilyi mwasinvestigated based upon the item was citizen. Es osito, stated that staff two property SE/Liu, in response to C at this time, from the received one response, owners affected by the red curbing- stressed residing at 1386 Rolling Knoll Road, Deborah Re: the left 'of assuring that the intersection is clearly the importanc confusion that lane is marked so that there is noht and straight lane. separate from the rig have to be changed after designed. He suggested that noted that the lane. widths n►aY these C/Ury uration has been desig on each one of the lane cc fig ut red curb it may be appropriate to p Boulevard. sites both north and south of Diamond Bar out that, when Traffic Consultant Warren Sieke pointed it should lane, consideringht turn from south bound the width ool bushmakesea right turn west be noted that a sc gar Boulevard to west bound Mountain Laurel aY Diamond vtime turning if the west bound lane is would have a difficult too narrow. C Ury to accept staff's Moved by vC/Gravdahl and seconded the City Council to stripe left roaches of recommendation to recommend 100 and through lanes on the a eastbound Bar Boulevard westbound dpinstall a at Di Mountain laurel Way February 10, 1994 Page 6 feet of red curb on the north side of Mountain Laurel Way between Silver Rain Drive and Diamond Bar Boulevard. The Motion carried 5-0 with the following ROLL CALL vote: AYES: Ury, Cheng, Esposito, VC/Gravdahl and Chair Chavers NOES: None ABSTAIN: None VII. ITEMS FROM STAFF A. Presentation: Intersection Modification on Grand Avenue at Diamond Bar Boulevard and Grand Avenue at Golden Springs Drive ICE/Wentz, utilizing a displayed exhibit, reported that staff is in the process of proceeding with the design of Grand Avenue in terms of it's overlay and/or partial reconstruction. He stated that one of the significant consideration is the treatment of the intersections, particularly at Grand Avenue/Diamond Bar Boulevard, and Grand Avenue/Golden Springs Drive. There has also been some consideration given to striping Grand Avenue three lanes in each direction to increase the capacity of that roadway, but restrict the use of the outside curb lane in each direction perhaps to be used only by carpoolers. He then reviewed the proposals to widen the intersection at Grand Avenue/Diamond Bar Boulevard, traveling westerly: relocate the curb and gutter; relocate the median further to the south to improve the traffic flow; extend the median left turn pocket towards the east to increase capacity; continue to permit left turns into the drive of the shopping center; relocate the median, on the wets side of the intersection, to the north; and possibly p right turn pocket on the southwest corner in front of the bank. He then reviewed the proposals for the intersection of Grand Avenue/Golden Springs Drive: lengthen the left -turn pocket at the median, on the east side of the intersection, to accommodate a double_ left turn on to south bound Golden Springs Drive by removing the existing Sycamore trees; the City has secured approximately 15 feet to 25 feet of the vacant property at the south east corner to widen the roadway and make other improvements at that intersection; widen north bound Golden Springs Drive to the east to accommodate the double left turns coming from Grand Avenue; put single ebleft turn, at the west side of the intersection, to go north ound Golden Springs with the potential of three through lanes; and gain width through that intersection by some widening on the north side, with possibly some minor widening on the south side of that intersection, and eliminating the current curbs in the medians, and painting in the divider. Chair/Chavers inquired of the lane widths just to the west of Montefino Avenue. ICE/Wentz stated that each of the lane widths will be approximately 11 feet, in addition to the gutter. He stated 4 page 7 February 10, 199 al speed studies will be conducted to determine that addition P ustified. if a reduction in speed limits is j suggested that staff investigate if it would be Chavers sugg ht lane must turn right, buses and he ROV Chair/ "rig to encourage higher feasible to have a cepted" as a way type vehicles ridership• roach may create more lane He also Sgt. Rawlings noted that such an aPPraffic s would be changing which may result owe situation as re t collisions nowith the man P° noted that, difficult to enforce. �� ool�� concept was suggested explained that the carp Grand Avenue ICE/Wentz exp e a different type of use of a reduced by staff to encourage the City, and to encourage reduced ip reduction for those traveling s Some of the AQNID s or segments thus meeting opening trips, He noted that appropriatelir ose of entering the requirements. will be provided for traffic for the p carpool lane. basically, Es osito, ICE/Wentz stated that are turfed In response to C/ Portions of the medians the existing wide p suggesting that the shrubs ich in would remain; however, staff is the short median sections be replaced with river rock, is lower maintenance for the City. turning traveling east to Ur suggested that staff on to GrandeAveaf f is f ow C/ y ether. left from Diamond Bar Blvd. west because the traffic comes close 'an nose be pushed back Chavers suggested that the .meds Chair/ the arch. away, flattening tain n of Brea Canyon Road Betpeen Folin B. presentation: Design rings Drive Springs Road and 0001 Sp designated pr General Whichan d means it Wentz reported that'the p roadway, ICE/ a secondary section, with a 64 foot Brea Canyon Road as right -Of -way our travel lane roadway with appropriate left accommodato�saaf80 foot rig with the.General payment, He stated that, It may be a good time to assess turn sections in the center. plantunderdesiredeconslonrBreanCanyon Road. theutilizing a displayed Myers, conditions of Brea Engineering Consultant Mike tual roadway and Cool Springs exhibit, described the conceptual springs Road the on Road between Fountain following concept design= with Ca He reviewed the each direction Drive. lates one lane in intersections and improvement contemp lanes at the the no rotected turn a park; perpetuating appropriate P front of Heritage except in driveways in bicycle trail, on the stopping any time on bothde a Class I bi.cyt si e, PP ark, incl front of the p Page 8 February lo► 1994 both Off of the pedestrian sidewalk area, trees; striping and a P to avoid existing end of Brea east side,. the road roadway; meander in the southern striped bike changes in the comn1ercial area to .include changes, Diamond Bar Blvd., would have no of Canyon Road near of the high school north the frontagerealignment Of striping from lane; perhaps a minor the except P rings Road; and perhaps reclassify Fountain r to a lesser classification. a secondary Commission came forward to view Transportation Staf f provided specif is The Traffic and Transp closely. inQuiries or comments the displayed exhibit more to any responses, in an informal manner, made. o to the scheduled t0 g and, Wentz stated that the proposal i for consideration; ICE/ the next month and the City Council City Council within ring. He depending upon the Commissions o°toe design this spring. CIP it is scheduled t0 g ro ect is an approved . comments, Canyon Road f $ project 0 for this y stated that the Brea project, with available funding used would prevent the wired if the funding s the future if there Chair/Chavers inquired right -Of -way in City from reclaimingthe to create four lanes, proposed was an overwhelming presently Prop the funds ICE/Wentz explained that all as tax or General Fund moniest the right-of-way for this project would be reclaiming Chair/Chavers, which would not preclude inquiry made by using SB response to another bike lanes needed. In resp allocated fora report regarding an he stated that $10,000 is resenting towards this be 821 funds, and staff p to be allocated additional $19,000 proposed project. VIII. ITEMS FROM CO�IISSIONERS curb of the street ate if the additional 15 requested staff to investigate W painted red an in his C/Ury Fallow Field Drive was . He then stated that, easible intersecting ested by VC/Gravdahl. would not be should be feet, as was Sugg that area Corp. a parking structure inemploy ees are merely opinion, parking across First Mortgage ee y He suggested that the p same as the east side because the posted the cars every four hours. thanked former moving their his last meeting, the opportunity noting that this would be iving He thanked john C�Ury, for hav 'gCommission. Council memberthe. and Transportation to serve on between his fellow commissioners as Well* Entrance Sign at Grand Avenue, Entr appears rusted. C/Cheng noted that the City a Drive, PP Long View Drive and Summitridg February 10, 199 page 9 Of the Diamond Bar brand that led ee VC/Gravdahl explained the historyd its year round, by to the design of the Entrance signs will be covered,aYp stated that the base of plant* bougainvillaea, or another flowering p nal at requested an update to the tatsof the traffic sig C/Cheng q Diamond Bar Boulevard. Shadow Canyon Drive/ Diamond of the traffic signals has been SE/Liu reported that the des ig Council for approval at completed, and will be brought to t He stated citthat construction of the first meeting in March 1994• April or May 1994* the signal should begin around AP e served on the Traffic C/Chengxp iexpressed her apprecation for having and Transportation Commission. a limited inquired if it was possible to give to VC/Gravdahl ards, as is being done in Arizona, deputization of crossing 9u arking and parking in crosswalks is remind parents that double p illegal. to his knowledge, California does noa s stated that, utization possible; however, Sgt. Raveling limited dep 0 have a provision making faint, requiring an officer to come ou He prosecution. citizen could make a compthe table because it make a report and be ofo waerdvidolator is notsaccepp stated a photograph identify the driver of the vehicle. does not adequately that double parking and triple parking occurs C/Esp osito noted school. before and after school at Lorbeer Elementary the Commission with an Chair/Chavers requested staff to proved signals. ee stated than X mcnth�lSslon updated list of trafficpdate tho their status every should receive an update IX. ADJOURNKMT C/Cheng and carried unanimously to Moved by C/Uryseconded by adjourn the mee,ting at 8:45 p•m- Respectively, David G. Liu secretary Attest: S/ J. Todd Chavers J, Todd Chavers Chairman 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 Sarsopy and Council Member Ansari FROM: Linda G. Magnusonf;'Accountinq Manager SUBJECT: Voucher Register, April S, 1994 DATE: March 30, 1994 Attached is the voucher Register dated April 5, 1994. As Department is submitting the voucher requested, the Finance register for the Finance Committee's review and approval prior to its entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated April 5, 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 001 General Fund 112 Prop A Transit Fund 115 Integrated Waste Mgt 118 Air Quality Imp Fund 125 CDBG Fund 138 LLAD 038 Fund 139 LLAD #39 Fund 141 LLAD 041 Fund 227 Traffic Mit Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: $577,760.05 757.80 Fund 13.00 171.62 4,611.70 11,841.45 12,839.39 3,438.70 52,744.99 59,626.32 $723,805.02 Linda G. Magnbsqmn Clair W. Harmony Accounting Mana er Mayor Pro Tem FOR-- Terrenc L. a angerEileen R. Ansari City Manager Council Member RUN TIME: 15:16 033/:30/94 VOUCHER, UE I�ETI+R.. ,�, � rTl4jn� ,- c'4 F'4i;E 1 , , , .. )ENDOR NAME VENDOR D. Acc UN' F'R'r ' 7 NO BA CN �J`'' T PO.LiD.iNO - # � FRErA:u � Hi u' N r �/ - ----------------------------------- Se r : _es AF:4 erti i - 41) . - ,rcA;.ar Refreshclent J. `uTAL :RIE VENDOR I T w T 2, 1 4C4.iSA - c4,';.: Feb Lang Lick_nce Phr: Svc 51 .60 .0i i AL JLC Y NDh --------} rim ur=.te : c 1 9-41��.1 r 404mA 04 My t, ntrd: _-i.ist 1 4 4 a(, i 11? ,cv a all:t Dist ,t 9-1-k 1 1=i 4t4{,��, Irr .,ga`'Oncuppl-heritge 'i .171 4._ 1 . - `a 04; 05 LL �LliC,[.) t irriga.lonSuppl-F'onkeagn 76. i 1 37E.81 4r�J�rSup:,i-Petrson 1ril,�n 14 04 , � = _ -March, 1-4 1 r � r(i r .y. '1 ` ` ] y tt `-aryl �H iii -r•.`, 4040`5g. - o j'l 004/05 3+:271 Marr_ h Ma1nt Faul Grow A".1-4316-53i.�i i`6,,;, 40405A 0 `ch 4;'l..' (., �-. ?�J_' 04, U5 x-1:71 M�r:_h Ma:r t-N3rirga 1,10tl.ii0 - J4 A 1 "Ft. ,� „ 03/� J4,c_5 2271 Mare M �t h a., _-Maple hili r. c r,, 750. �_ • _ .1_:, 404v5A 03/166 03J29 040115 _:' Ma -h Ma rt �'eter;on 9 40.Q4 , :Y::, f�, 0405A `)5March /1Shh r (o/::a 104 05 „7 t' onr":eagan t.:,.. -G 1 4(J405A 07/1bbE 0 ; a r 4 .�� 03/ ? /p5 M r Ma 5tarshire Prk -4 ;„ - _ 4?4u 081166'• 04 0 :/�' - - r mlfr rd o 1 500.00 4 `I 1,1.5 /2-9 ,�.`.,� 1 _e 'j.a� 2 : may" 1 r_,i�(:, 00 yL y �fi .laf i45. :)(i 'r=_=ri _tora e LTD �AaerStorag ..-4 1 _ 4 tl15A =9_ U1llfN.p 15...00 - - .L JUE ,,ENL`OR--------y 15:3.00 4i i40 A - v.. ,r17 ua !:rlow lest -._Q FwyF`roj ;:: 5 0 �.., o UN —1,1E, 1 011 30 /94 1 1 v Z ENDOR NAME I,Vw I 'n -k FIR ZI -4 i .2 A ui! ACCOUNT P;ROj.TX-NO BATCH M.LINE,:iN0. T'j ----TF-T-F'i.. AM' NT DATE ----------------------------------------------------------------------------------------------------------------------------------- 7h,F- amber 4(_04!7� -V� Cl b Sa,n batr-r' 1-455c-5520 -- ^andman Assoc.. Michael Brandman )ID 1 -1011 I 4041Ij 10 2 40415' &Wcity 2 40405A 01/16P,7 U, Emer SE J s -31 ,,6 - Ij ___,iYl J�nL-4.7•-Ck:- --------- '7 7 T --.-)AL IDLE *,)E!'-'D`3F - -------- -7 kI j- ��z-L -erpz.' S--ics-rProp Tax -:UE VENr OR ......... Tf-i- i AL Uc C':-/29 04/05 Fat Cra;4iti Removal 455.00 TIIT A' DUE NDOR -------- 031134) 041/05 10931113 Prof Svc=--Ccll- FER9 -03 12,:364.91 04/051/94 000002151.3 02/1-1:0 04/05 11931290 Profgvcs-O�t/Nov FEW2-03 1,541.59 04/055/94 01)D002151*3 0'31130 04i`05 12931.3 - - -6.-5 Prof Svcs -Nov./ruec FER92-03 1,534.70 04/05/94 W000215113 7-TAL PREPAID AMOUNT ---- 15,441.20 Tr,.7'1 "LIE VENDOR - -------- u 0.i„) -------- L YI ? i --UR 7� 4. ,_N TIME r tY a ' 4 VENDOR, ID. AMOUNT DATE t.. E t::QF NAME E .� r: r y1MOLN. �Q: T -Nr BATCH RO.LINE/tin, rT4 :^:'E �_. --- ----------------------- ----------- _i. T_JI Cheung, Domiric *001-:i4'a 10,70 C: T Chi. u rtl is :ar?s ChHi1ANa-d `1 rt 5A gelding C 1 aLde_ 4-4052 ;;+ • -,fi i :iii4�t�C .r,,ei�ifieP: 91 :+r c; CmIndust ..-i1-�4CC--Ct •.. 1 _jri 'ler: E Group L-mpii�r';�2 .;;4/05 liT3'- ;,;:;;D "s4i t1i;1C ij4%i;5 DUE ''IEPaDCR--------. QQ Mt Q ''j l 77A,L DUE •viENDOR --------1 TOTAL DUE VEND -------- Recreation Refund TOTAL DUE VENDOR -------- TOTAL DUE `iENII&--------> ea.,r Play Equip -Grow Fk. WeidirgEvcs-Council Chair TCT, D E vENDOR--------> CDg pe;tcno,Fritz l,Usher ,TAL PREPAID AM"' - --, TRT.; _U� VENDOR ------- Feb Litter Abatement -m f;. '.'ENDOR--------- �. Svc -.. -uE `d-NDOR--------> 4i 1 i�i a. JS.i 36.00 60.00 221.G5 21.55 515'.16 50.00 509.16 Rim 04/05/94 000002-1511 Si.0.0 0.00 VN .44 .44 ;4t:. 00 :46.00 + PUN T IME: ' G 16 03/2'.f 4 - ,E 4 VENDOR NAME WNDOR TD. ACCOUNT F',1;" .TY -NO BATCH PO.LINE!NO. -;' ,._ -- f PREPAM 4 ��, _. ------------------------------------------------------------------------------ .... ..- Z. A"!"13NT -r omp7;ter' App i i ed Ys+e7,= CAS j4,,,.vt_c` ) -IE Hprit Computer Maint {,4 tom' 4 c its ^,._ :,4r:-`, ? TI S*';t Printer/Warranty '32.00 r 41?.._ TOTAL DUE VENDOR --------} 1,31'.x. i2 cr7 it ,. ., ros Spor+irg Good *061-4350-1`i)O 40405E a, ;1r '' Li! "'' q , 4 {tr;1 �• r! 4 4 ,Y7 �P ' i X15 ;;' "thbsk:tball5upplies 50, 17 ,�., 1 1 ni-4: RUN TIME: 15:160/' /94 IdjE THR!................ i.;: ; ," DOR NAME VENDOR ID. 131NFEEJ.TX-NO BATCH PO.LINE/N^u. EN' v/rUElN'✓0:=:_ iE:;'_�::. HM_UNT rfA _ r _ ------------------------------------------------------------ j arr Ear c_.'::: W�mer!'_ DF'Biack:Wom iiia !_nd Ly r tii5ine55 :i5iil DgbllsAssoc rat o "ter. i�nal eil ;amond bar/Walnut Lions Dia;`WaiLion -S,val 'MCA -4 - _ 405H 140405E 04/05/94 OWN` :.6A N 791 2.10 04/05/94. WX,021512 rr t 2211791 11 -4i)"i;-2 39'•.)4 404051 1 1 4141.511 4fl'7'11 a 4z 404i zi 1-YJi +'1 is 4(14""C 19,,,,:71 ;amond bar/Walnut Lions Dia;`WaiLion -S,val 'MCA -4 - _ 405H 140405E a -4: Cc ` 4 `- - 0 :14,'0".5 4 0: /DO 04/05 04/05 X, 04/05 0'3/29}c 03/29 04/05 0111970"I2 0'."9 04/05 0121.16782:3 I (,E7S41 '03 112`9 04,105 01 U-7869' 03/29 0411`it5 04/0` 01,37 -3Cio Rei'r!L :'prn.sit-Hrtge . rk: TOTAL DUE VENDOR -------- !^,prig Comm Area Maint I :A DUE VENDOR --------i W`'USD Mtg-Werner/Hnsari -'AL^n CG'1:_i't Mtg Supplie5 batteries-CMgr 1-1 y Clerk: Phone Recall Petition Exp Publications ication= '"l; upr --- n Govt GFAC Mtg Supplies TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- Re= Dep-HrtgPrk: Comm Ctr TAL .UE '1E ;'DDR------- CCEG Reimb-DayCare Feb 94 TOTAL DUE b117NDOR ------- aline Audi TOTAL DUE VENDOR --------) Suoolies-CMgr Supplies -Gen Govt Supplies-Plnig ��L;p, e5-CCIi; muul ies-Finance Supp1ies-Engr/P_6Wks S_;pplies-Ci_y Council ICTAL DUE'.'ENDr-R-k ------- i6. .4' 04/05/94 OWN` :.6A N 791 2.10 04/05/94. WX,021512 '42.:;.-1IU t 2211791 1 1 4141.511 4fl'7'11 a 1:= .21 04 /cf-i r94 00i%:. 1-YJi +'1 is 4(14""C 19,,,,:71 a -4: Cc ` 4 `- - 0 :14,'0".5 4 0: /DO 04/05 04/05 X, 04/05 0'3/29}c 03/29 04/05 0111970"I2 0'."9 04/05 0121.16782:3 I (,E7S41 '03 112`9 04,105 01 U-7869' 03/29 0411`it5 04/0` 01,37 -3Cio Rei'r!L :'prn.sit-Hrtge . rk: TOTAL DUE VENDOR -------- !^,prig Comm Area Maint I :A DUE VENDOR --------i W`'USD Mtg-Werner/Hnsari -'AL^n CG'1:_i't Mtg Supplie5 batteries-CMgr 1-1 y Clerk: Phone Recall Petition Exp Publications ication= '"l; upr --- n Govt GFAC Mtg Supplies TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- Re= Dep-HrtgPrk: Comm Ctr TAL .UE '1E ;'DDR------- CCEG Reimb-DayCare Feb 94 TOTAL DUE b117NDOR ------- aline Audi TOTAL DUE VENDOR --------) Suoolies-CMgr Supplies -Gen Govt Supplies-Plnig ��L;p, e5-CCIi; muul ies-Finance Supp1ies-Engr/P_6Wks S_;pplies-Ci_y Council ICTAL DUE'.'ENDr-R-k ------- i6. .4' 04/05/94 OWN` :.6A 04/05/94 000002151 2.10 04/05/94. WX,021512 9.16 04/05./94 0600021512 20.7 a4 nir+. "-.- 1:= .21 04 /cf-i r94 00i%:. 98,;4 iii! 100.00 100. `,0 1,573.00 1,573..00 210.0) 210.')0 146.88 124.18 6.85 39.41 47.36 214,74 210.75 ,,;(( 1' **� Ctv o� JNrIM[15��6C����4 ;5�Cn'ER SZJISTER 'J--' THRb 94 :-N3OR NAME VENDOR 11D. * * PREP4ID * * 41 -COUNT PROJ'TX-N0 --------------------------------'--------------------------------- BATCH PO.LIN[�0. ENTR �DuE I j'.DICE DE5CRIPTlON AMOUNT DATE CHECx inosa. Max 1053 A �c A�-eat-n��d iCTAL DUE VENDOR ----> 10.00 ~ `4�5 MtQ 40.VO TJTAL rXE VENDOR ----> :WCw �4 re��ai C'edit union F&ACre i�� V3�� �4�� Payroll �� ' �5 04��/r� TGTAL 'REPAID AMOUNT --' TOTA 'J��E «EN ----> O.O0 L,rion F&ACre itU V3�0 :"4 IF PP6 Credit Lm�oo Dedu �n� 1,��.00 04/05/Y4 OV0V0215lV TOTAL PKEPAID AMOUNT --> 1,995.0O TOTAL DUE VENDOR ----> V.0O ederal Express Corp. FedExpress 001-�12|2O l ��5 �/� 04t/(;551843%40Express�il'�� 13.� 115'4515'212O \ 4O4O5C 03�� V4�� 51843964O Express mad�olid Waste 13.00 TOTAL DUE VEND0l ----> 26.00 ederal Reserve Bank Fed6eserve ` C0>�1l�]O� 1 ��� 0/� �/� � �6 ���'��m� 50.00 T0lAL OUEYENDOR ------ 50. 00 l��noaum` Bru e F}amenbaum 40405G 03/30 04/035 Comn g-2/i�.28,12/13'l�� �0.Cm _ TJT----> lon�. Al FloresA C)/0 0 4 Tb -KA C Enf O-Ffrl Mtq TOTAL PREPAlD AMOUNT --> 27.50 TOTAL DUE VENDOR '----> 0.03 � � G Trcphy Co. ��GTroph, -y, - 7 4V4�5C �4,�6�4 O3''29 0 -es-8ecreatn 641.65 jNTIME: l5:16O3/3O/94 VOXCHER REGISTER PAGE 7 "LiE rHR[........... ..O4/I t�� :_NDOR &AME V[NDUR ID. ° ^ PREPAID 401COUNT PF.OJ.TX'N0 BATCH PGllNE�NC. --------------------------------------------------------------------- EN7-v/� �� D� �� -'-'A GF0 Y1'�5C-2315 -OrAL VENDOR ----/ P N.(� T�TAL D�F VENDOR ----> 00.C8 7E California GTE 01'4O4V'2 25 1 4V4O5C O3/29 04/� Modum ��s'Mard� 17.74 TOTAL �� VENDDR ----� D.74 7E California 3 TE UCVY8'2125 1 404V5C 03f_Ki Phone Svcs-City On Line 17L62 TOTAL DUE VENDOR -----> 171.62 � TE STE '3-2i 15 1 404O5C O32.9 04/05 Phone Svcs-Heritage � e k 53.04 r�AL DILE VENDOR ----> 53.04 TE CaIifor ia ' 0E �Bi� 1 �� �� �� phone _v-s-Sycamore Cyn 531.04 TOTAL DUE VENDOR ----> 53.04 TE CaliFor ia GTE 01'4�1'21� 2 ��� �/� �/� �� ������ C� �.� TOTAL �� VENDOR ----> 55.57 TE CaliFm�ia um9V-2125 240V3 iN O4;!-c 177.49 -��L � VENDOR ----> DUE |77.49 o�aen EsL Gr-p�ics GC �01'40�O'21|0 4­_ 2 404_ O4��mecards 20.13 T�TAL DUE VENDOR ----> 210.13 onsalves & Som, Joe A. Gonsalves ('01'4C�0-40OV 2 40405C 01/173OA 03/2� O4/05 Prof Lpn�s Svc'April 2'100.O0 TOTAL DU[ VENMR --------> 2.100.00 RUN TINE: 15:16 03/30/94_ _ R ;E ?HR = VENDOR NAME VENDOR ID. PREPAID ACCOUNT F-RCj.TK-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE,/ND. EN-F, If, :t:_ i NV. ._ N AMOUNT DATE Gconzalez, Margie 106:; ti?=i-:347.3 1 40405A 0_ _»' R;e 'e,';=.on Refund ' .SU 3raffiti Control 5ysLems UrafitiCOn. - :.. -Y -__c!' 5 4041(; i_ :i; 1 31 ;,w - '" i_ ec a�d 404i=C l - . ,)5 dC:29v _1- V t'RE-MOV' Pb TC-TMLLUE VE 1,541.00 4.. 1-4 rA4'l. TOTAL DUE VENDOR--------? X40.00 igh=ci;it Graph-,Cs HiahFoint �;°01-4210-4c4V 1 40kfC !1=i_. G41 rr=g Mh. tde+!S ettM^ 130.98 TOTAL DUE VENDOR--------) 130.9_; Home Depot Hor;eDe�ot 404050 )1/17,5 -ri=7 4/105 56.60 *001-4440-6240 �� 1 40405D 02'/1''-` 03'29 i 04,05 3_ppl-Emer Comm Trailor 61.39 ^ TOTA_ DUE VENDOR--------i _ 117.99 Hunter, Christine HunterGrap foul-4;::;7-1200 1 40405C 0;/2'y 04/05 4)34 N F'' to g-- d Fong - .71 ?"'=L DUE VENDOR --------: 37.71 7—yat4- Pegencv HyattRegen ^ 40405D 0:312? 04x05 _CCA Crn+ 5/19-22-CM r g 365.64 p '. T^.Tt,i -1. ^ D ,�:: JtP+.auk-------- � �_E 365. 164 ',MA Retirement Trust-457 Its. 1 40405DC-:`rib-F'P5/ .'00... i 4040,;n, ,,4. -.41,')5 M;ar int a=*'C�ntrit'-Apra 400.`)i: '(1 i '�t:4,;.cb-_iii!-gr i,{1'.77 414;' l 4:14 +.' - Cafe _ontri h-M' k 430.09 _ ii:+' ;�. -� �..i-} • '�1 li4 ,01-4210-0,,Q 1 404(;5^ -i - / ( ':%4r - - �_d,e � .tr. Pii'g c Dn h- � 7 _34.:4 _ f 5 K.0 Co. _-ontrib fim Svcs 30. (l-'. 1 46. .- RUN TIME 1 ,! ;'%o'94 dENDOR NAME Ivucm ID. A.— OUNT PF0,TX-No BATCH PO.LINE/NG. r ____ _______ ___________________________ ------------------------ -F mna • ..__ .. r _ .,vim -._Irr.Ct 'Cv,. 74 4.- ryIVv- _ .r,c, 40, .-i J!i . Y -K-L, Feb '-.riti} lis :Ja.. TOTAL DLE•+'ENDOn•--------� ?='6.16 p� ai li.-d Valley r'l- Builetr I [[ . i- 4. +11 Bi��s Trfc Si: ni-rt - g nSpr = 0 4.1.:0 ') 4!:40 -iii`, = Ci kr,c-, - c 4 .,_ ;, t _ ,074 ' Pubmrg-NegUecl.aratn I!is 1 6) 15Cr c �!?:.1 4 4c 11.' 4:14:i`% dc -1 "rub Hrg-Prop Maint Ord �..:. 2.50 4''�. `' ; 04 ?` 1)L :_:,, 4 P,-,bHrg-AI.1R 94-1 70, 00 4 4{1 :115 Y 40405D u41�?5 do ? Pub Hr-, Congest Mgmrt Pin 42.50 TOTAL DUE VENDIOR--------) 272,51 Intl Business Equipment lnksEquip 4!)01-40;:T,-2100 J 40405D ;; 041,05 ;,, �.:-,,, ;..i._1;_,:_: Ma; -:.h �rr., }i01-4090-22^..:; 404051 ,� ��- Charges 43+,6. a 04/05 CSC March Xerox ox Ma�nt 1 281.10 TOTaL HIE GrENr > -------- 9 712.6. inter-ationai Ser rice, IntService jF! j1 --55Q311 -J:1Qt 404':05I 04/05 its - 00,; 1 �i - _ Crssg Cacrd Svcs -F --k, `,51.44 TOTAL DUE VENDOR --------) 5,516.44 ac•: atii::� 2 404055 0/30 04/05 CamT Mt ! /v, g '/11 4 411.011 -- t uTHL D iE ' :— IJOR � l40. 1 1 ,mc r. s Lock: ' �;ey JN*"sEack i 40405D 03 2Y t4/J5h,Cy�-SUie "' li t ,,". 36.05 TOTAL kDUE VENDOR --------) ,6„05 �iieert 104;; :--» -, 11 404015A F`ecreaton Refund '31.00 TOTAL DUE VENDOR --------) 1. 00 RLIN TIME: 16 EF­ J.- NOOR `VANE mpi VENDOR ID. KCOUIV I --'(-NO BATCH PO.LINE./No. --------------------------------- - EN TF T - - - - - - - - - - - - - - -------------------------------------------- ------------------------ ----------------------------------- Denise JudDataSys 2 41_1`17E L_1111/15414 koerberl) L.A.Courts-Sheriff LACSherif; *f1('j1 -4414-54,1)1 404015E n eP LAC'Sh.so'; F; 2 40401E 01/1755 Ir 64f T'TA� Lfl `VEN'rip -------- L -.r? NerL r' itr 'UE VENDOA --- -------- �L j 7 4e,at: T: L JU TO 'L E VENDLF - -------- t c SLI -3 7.' --------- T_1T I AL Lu iE VENDOR -------- 442,85 -14.50 0 0 , (N) 200.00 SP2CE`ft'll t -Cal Chaprt 2 44A.2 20 . �-3 TIUNL DUE VENjiCP - --------- 1 2 446,20 .4 VENDOR --------- ;, 03/2.' q- 41 1 , 70 %S.NDOF - -------- jTf a 0 I In rc 41 4 _P - 285,,;6, 41i j,d 151.50 camore 374.82 =L t -Jan 3 64f T'TA� Lfl `VEN'rip -------- L -.r? NerL r' itr 'UE VENDOA --- -------- �L j 7 4e,at: T: L JU TO 'L E VENDLF - -------- t c SLI -3 7.' --------- T_1T I AL Lu iE VENDOR -------- 442,85 -14.50 0 0 , (N) 200.00 SP2CE`ft'll t -Cal Chaprt 2 44A.2 20 . �-3 TIUNL DUE VENjiCP - --------- 1 2 446,20 .4 VENDOR --------- ;, 03/2.' q- 41 1 , 70 %S.NDOF - -------- jTf a 0 I In rc _P - 285,,;6, 41i j,d 151.50 camore 374.82 =L t -Jan 3 z5. A:3 P-_ z d )4e F an . `7 7 7nLe q_ ,, 277. f 4 4 1C. -I 4i. vcs -Jan 525. 11 0 ~^^ y RUN TM: 15:1603/30/rIA »gUC�E� 9EGIST�R FAGE 11 �U THEb.............04@5/Y4 VENDOR NW VEKO Ir. * * pyEp lD * + _ACCOUNT____pROJ.TY_uO-BATCH PO.L��0 �. EKT Yj�EAMGUNT DATE " ------'�����������------------------------------------------------------------------ L.A.County ��ii� Works �W1'4555'5502 TJTAL E VENDOR ----} _A.Coun y Public Work Sig-'40-ot'-th'PrCyRd TOTAL �� VENDOR ----'> 2426.75 L,A,County Public Works -ACPu Wk *00l'4555'55W72 404O5E oa/29 O4/05 Y4O1V000l9 Feb Mal.-itSignals 1 583 84 ` «6m1'4�5-��7 3 4O4V5E - O4/V5 Y41286 Credit Memo ` 9J.42 - TOTAL DUE VENDOR ---''''-> 1'488.42 LA Cellular Teiephme LACe|�ular *00/-4O30-2125 1. 40405E Cellular '3vrs'� . -� l44' 88 �*l4440' 45 1 4 05E J3�� V4 u Cell l ��s'EmerPrep 40.62 TOTAL DUE ;ENUOR -----> 185.50, LA CountyRegistar Lk"Recorf-r *O:1'4210 -424O ' 5 404O5I »3/30 V4/�5 RecardngFees +elipad 25.*0 O4���4 OO0002�5V9 �STAL "REPAID AMOUNT ---- —TOTA TOTAL DUE VENDOR ----'> 0.00, �mdscape West Lands apeN *141-454t-5500- 1 40405E l6/1575 03/29 -4,01.22640� O�� ` Feb maint Dist #41 3 336.85 '0O1'4555'55V8 2 40405E 01/1,686 03/29 04i VF Feb Wed Abatement Svcs 4,561.84 TOTAL CLE VENDOR ----> 7..8-98.69 1039 ^c�1-347D 8 40405A 03/29 04/O5 1�33 a�ion Refund 31.00 DUE VENDOR ----> 31.00 �7jW VENDOR ----> 23.0O Leigt.ton �nud Associates. Leighton *N/'2300 -1O12 1 404O5E 03/29 O4/0,5 8�1�7 L ec" Svcs -En 9:3-9:3-027-� '297.00 ��T���15�16O3/30/y4 X V�UCH�9 �E�I9TER DUF THRL...........04/��194 pAGE 12 VENDOR. NAME vo,mOR }D. *CC»«m/ PR0J.TX-N0 BATCH pD L��'E . /wu. uv�*r/DUE I���CE r* —______ ____________-----___________________em�m|__DATE____CHECK S?Rl L.--wis Engraving Irc. Lewis[ngra eN1���O'211O � 404�5E 03/29 94 5 *661-4O95'211O 2 4;4O5E V15311 Name Plate'J.Isbc y 64 v3'29 ���� 01��2� �� Ti�e'A.Stephens 17'32 ICEYEMDOR -------- ---/24 /24 T0AL D U E VENDOR ----> 180,00 Linsc�t.�� & Q^censpan Licscot� O6 2 4O405E �l/1��1 03O9 04J� 1 Tr-'-Engr Svcsk -Pan eraPr �s Angeies 113.JO T—�L DUE VENDGR ----/ 113.3O �� �ngeles Cou �y Cl�x �ACCler� �w1'4O4�'239O 1 40405E�-5-Miller 6,714.25 'ILEE VENDDR ----) 6.714.25 LCS Argeles Cou ty Clerk k *-A.0 -404; 2 40415E m/229 04/05 606-K Syr-s'Papen 6'726.02 TOTALDUE ` Iv .EN -------- 6.%8.O2 Los �iigeleCou ty C�erk LACCl�� +v"l'4V4u'23YV 3 4O4O5E 03/2Y 04/05Gen Plan Re��endum Svcs 4,404.1-2 vENDOR ----> 4.4Cw.12 3 40405F-~- 03/29 *O01-4095-2��� 4 404O�'�1/1�9 Ol/1�� ,,4,-'=r'^g'�=r 03/29 �w��etter � ' �' 2 113 4, ' 04�� 1��� ' e r. Sc Cards ` 7-7.58 2'1YV.99 ��aoee Be±rical Macazee 04134�3'331.45 TOTAL ZUE VENDOR ----} 3,331.45 T RUN TIME: 1.5:16 C 3 t, yq DTl VENDOR NAME VENDOR iD. ACCOUNT PRO.i.TX-NO BATCH PO.LINE,IND, EN -, ,,, -- # #E rFFar4 - - AMOUNT "= "•ain GP} T L't..S M0't re " .�� :r eet Yl 4 r.;0 Mandarin Taste 1 4`41— Mar, Terri -- Markman Arczynsk: Hanson Mir kTianHr'- Maturin;u :Micaei McManus, Lo1S 1i - leder, Duane tic: 19 4J4't5H {1 ")4/05 7. Meds;er, Janet "kerJ 5 404051 0:35/30 nil' Hever, Davild, My�nr( T 41Cr. , ,. — eExcursr 450. 00 O,HL', !L+E _TDOR--------` 4_c;, .•. CCCh CL -f D:ftCertificate 25,ijt, TOTAL DUE VENDOR --------} 25.00 Recreation Refund ;0,00 TOTAL DUE VENDOR --------} X.00 Legal'vcs-DBCtzn/Andrsn 145,00 T7 -AL DUE VENDOR Recrek ion Refund 114.00 TOTAL DUE VENDOF:--------} 114.tDO De^io_it-HrtgCcR;mL-tr 200,Qs7 'OTAL DUE VENDOR --------) 200.00 Recreation Refund 59,00 TOTAL DUE VENDOR --------} 5Q.00 �.1 Program Ts T; SVC 500. 00 04/Cr j94 000002150, TOTAL PREPAID AMOUNT ----} 500,00 T^::L DUE VENDOR --------) 0,01 RUN TIME. 15:16TER F13 E 14 VENDOR NAME VENDOR ACCOU�T PRDJ.TX'NO BATCH PO.LlNE, C AmOLNT '-------------------------' -----------------------------'--------' 1i��le �pc eation � ip. M���lpRe 4 -4�� 31 Mobzl "I cb.d 4`4 �`37 (4f� 1 -6, ��� 4/01 K019`410 Relf+k & Maint 19.010 22-Correc n 4��7 �/��/� �C�� F�l'�k&�i� �.O0 m0�-4C90'23N 5 404O5F ��'�O 04�� K0893852 Fue}'�� Oov 11.50 O4/�� KC�v]49� Fuel Prk " Maint 3O.03 ^O01-4090'2310 3 4C407 `3/3C 04/S5 KO896872Fue}'�r Govt 11.85 ^001-�O9O'231� 4 4C45F �3/3C O4/05 K1588S23 FuelGen Govt -.37 'O01'431O'23�V 5 404�5F O3/0 0+35 K15O9o33 F"el'Pr. k & Maint 31.09 +001'42�0-23l� 1 404�� O3/JO O4/05 K1589114 Fuel-Plng 19.22 *001'431O-23�V 2 40405F 03/30 O4/05 K2996O81 Fuel-Prk & Maint 2Y.85 *�01-421O'231� 2 40405F ��/J0 O4/�5 K2997O72 Fuel-P,ng l8.32 TOTAL DUE VENDOR '—'-'''> 240.00 Mobil �0�-4090'2310 2 ^0405F V3�� 04/05 K0893841 Fuel-GemGovt 11.50 �*�'��O'22OV 4 4C4C5F V3�� 04/05 K1588963 Vehicle Maint-Tempo 76.31 *0V1'4O90-231V 1 40405F 03/' 7 04/05 K1589151 Fuel-GenGovt l2.35 TOTAL DUE VENDOR ----> 100,16 Molina, Orlando . Molina' *VV1'4095-2360 l 40405I 0S/3O 04/-5 Cnmm Svc P(ogram TOTAL PREPAlD AMOUNT --> &el�, Mar 1044 �O4O5A V3�� (4�. Io4�5 �c~eat�on Raf�� DUEVE�DOR ----'> 5W.00 04/051?4 000-0021508 50 0.0 31.00 3�.00 �.1V4.VV MyersE 4`4 �`37 Mr.c 1 -6, �z3��ry'CtyC0u�l3/1 r}o1-��:-4VVV 4 4C405F 09'17O7 4/�CPlCom2/ 22-Correc n ^�021.'���. 1 �Cu|=F ('�.�'37 '/92^ 04.o5 p4db06 Mn� Secrtry'PlngComm 2/28 1'42�)-u22-� 404O5F CG/1787 V�,29 34�� ���36 Mc� try'GPAC �g �� TOTAL �� VEN�� ----> 5W.00 04/051?4 000-0021508 50 0.0 31.00 3�.00 �.1V4.VV +*� [,ty of Diamond Bar *^* �� 7IME� 15�16 C�/�V/Y4 V O J C H E R R E G l S T E R P�jL z5 u E THR� ............o4�7*/94 �NDOR MAM[ V8�OR ID. ` ^ PRE AID ~ ^ ��� ��.TX'����PO.Ll�/�. -------------------------------------------------------------------' ��VD� �n�, �S; , PTij : �4 T Nel5onT 4.�1C'42I0 4 F TOTAL DUE VENDOR ----> 160.0O ~ KE �ep�ngrap io OCBReprogr *25 17J (3!"29 O4/A) 5 747074 ��g Svcs'�Prk mtera � 23.1 *250'43�0'6415 O6594 9 4V4O5F 16/1637 VJ�� V4/05 747V77 ��g Svcs'Pantea Prk 26.94 *25O'4310-6415 06594 11 40405F 18/1637 03/29 04/05 747099Prtg Svcs'Pantera Prk 49.O3 *25O'431V'6415 06Y94 7 40405F 14/1637 03/29 04/05 752752 Prt0 Svcs-Pantpra Prk 33.40 *250-4310-6415 06594 8 40405F 15/16`7 03/29 04/05 752753 Prtg Svcs-Pantera Prk 25.43 *25O -431V-6415 C!6594 5 4.405F 12/1637 V3/29 04 '01Z 76��2 Prtg Svcs'Pantera Prk 35.56 *25O -u310 -64l5 06594 6 4j405F 1J/1637O3/29 04/O5 761293 Prtg'PresentationBoards 121.65 TOTAL �E VENDOR ---''> 315.72 ��ll. Mauree �� I '41--rl:`�.cl 04 Recreation Refund 15.0 ----O TOTAL DUE VENDOR -------- jJung 04/,�`5 10414 Rec�,eation Re4und! 26.ou. ` r7AL DUE VENDOR ----> 26.00 17 i� '41OO 4 4�� �/� �/� �T �� �g 3/1 0.O0 ` TOTAL DUE VENDOR ----> 40.00 oarks, CoD�� Par"sC 46465 �!*"00A i65 _ommSvc Proqram 500.00 04/05/94oK-fo*':�� TOTAL PREPAID AMOUNT --> 500.OV TOTAL �� VE�DCR '---'> 0.00 Tran��� Pa�olDr 2���l �/�04/_ Payroll Transfer'Ffo 45,350.00 O4/05�4Go�N%X-6 TOTAL PREPAID AMOUNT --> 45,350.00 TOTAL DUE VENDOR ----> 0.00 `ayruU Transr-er, Fa�ollTr 1 40405l V3/3O 04;� Panoll Tra sfer-PP5 43.810.00 04/05/94 000OOV0Vo5 TOTAL zl8EPAlD AMOUNT --> 431,:310. 00 TOTAL DUE VENDOR ----> 0.00 *°* City o� D�amcnd Gar *** R.UN TIME. 15:16 V O U C H E R R E G I 6 T E R PAGE �6 DUE THRU.............O4���� YBvDOR NAME VENDOR 0. ACCOUNT PRUJ.T:'NU BATCH PU.L[NE/0. ENT8Y/�� llCE DE6Ck[PTON AMUUKT DAT[ [HECK _________________________ ______________ ____ ______ _ __________ _ ��xic�. Cat�y ]6 Pz�e�. ` l `fd'43i3'2210 2 4V4.� 4d1a E. �lunkL Pomu a �dustrixl m edicaI ClrmInCMpd �rem��� �easzng Ca. PremiereLe ��1�250' 140 2 404V5G O1/1�2 �"��n �ai Ser ze Bure u �.rBI m01'2l1O-004 l 40465F ^ot�'2l�0'�0& 1 404�5F PERS 4O4O5 �2 �/05 L "LiLiE VENDOR -------- --'—O3/29 J-, /29 04/05 19990 �igh Sp2ed Buffer'Heritag TOTAL DUE VENDOR ' '> l.064.1V 03/30 V4/05 ComMtg'2/14.28.�2/13.1/24 240. 00 TOTAL DUE VENDOR --- > 240.V0 O3/29 04/05 170537 Employee E/am'Wkrs Comp 46.74 TOTAL DUE VENDOR '---'> 46.74 03/3O O4�� 1l72`73,7475 ��t'CiassRm',2/16'4/16 5.:, "S.1; TOTAL DUE VENDOR —'----> O312"? 04/05 Dent Prems-April 941.t8 03/29 V4/V5Vision Pre9s'April 295.77 TOTAL DUE VENDOR --------- 1'237.45 03/3V V4�5 �s�rem c'PP4'�ployee O4/�;94 CCO�2 4�7 03/3f,, C4/� t'I 'E��oy� 2, -4 1�2���7 L pRG`�[O AMOUNT --} 72 �3�AL DUE YBV30R ---> O.OV �3/�� 04''O5 ���z"e �ontr1b-pP�'Emp�yr 2.680.iS O4/V5/94 O0C�����o7 9?/S0 O4/O5 Retire Contrib-�5-Emplye 2.�0.7O 04��/94 O000021�o7 TOT42 pREPAID AMOUNT > 5`7..83 TDDUE � VBV OR '-------> O.00 r.0 DOR NAME �)EN "L Po.. T ----- ----- f -NO 2ATCH NE; NC ------------------------------------------------------------------------ -------------------------------------------------------- drl� 4' 1 n e - I X11 i -me -- ------ - L j :j OT L FREFA 2 KUNT =of - L-------- i h'Jtmardis wfatson & 4:! t lu 14".75 --g I As 5 C u Qc 4 40F 0 - ---------- r-N, 1 4 60 151 -IC! 4+.4* -'- 5G jf 0 Xj ,r.Krar.7er&Assac r -.E. Inc Rr A E PN --- --------- 83". 53 uc er RutinTuck.r .-4 4 4040% d�atLL,-= -tc Sanders, Laurel 1�4 ��1��8 15 4. �/��/� 10L� �c�ti���� �.� '�:arfia, Barbara ^*» C��/ oF J�ana�� �� ��TIM[;15�l603�� 3��� YOJCnER RE lSTER P�� 1S 7.��............�4'i�/v4 T�ITAL I iE VENDOR ----} 11). 00 VENDOR NAME NEW il). o * PREPAlD � ^ ACCOUNT ..T<'NQ _____________________________________________________________________ BATCH yO.LlNE�C. O3/30 �4/05 B��p77-01 PrtgSvcs'Prprty ID Plates DA ��DUNT T� San Ga��el Val}ey City SGVCMA eN�'4V3O'��5 1 4O4V L r-lUE VENDOR ---------- ' >Julie -Ju Shi,omaJ 7TAL ENDOR ----> 17.OV .an Gabriel Vly Trib;ne SGVT bune 03/30 04/05 RefDepst-HrtgPrkCommCtr 200.0O 2ll5 5 40435 03/0 04/�� ���� E���'���c Con�'Sh�wCy "7-.1� Warren C. �� �7 85 6 m01'4V�V-2\�5 6 40405G 03/30 V4�� sg`�4786 Pu� �-g'P�pma1nt�� 121.54 �0� 4O4V-21/5 7 4S405G 03/30 O4/05 sgvt4G66 Pub gesticmMgmtPr0 46.0Z 64l2 0749 - 4 �- 03/3A o4/O5 3156'Y �Fl�sign'ShdwCy /FtnSpr C0 �=�� ' TOTAL DUE VENCOR ''> 2Y3.23 Sanders, Laurel 1�4 ��1��8 15 4. �/��/� 10L� �c�ti���� �.� '�:arfia, Barbara � �� 3��� �/��@5 R���i���� 10. 00 T�ITAL I iE VENDOR ----} 11). 00 Setor. Name Plate Co. '-etoFNameP *�01 ���'2\\O * 40`5100�/��� O3/30 �4/05 B��p77-01 PrtgSvcs'Prprty ID Plates L r-lUE VENDOR ---------- ' >Julie -Ju Shi,omaJ ` ^OO1 23OO-1OV2 5 404f."G 03/30 04/05 RefDepst-HrtgPrkCommCtr 200.0O TCTAL �� VEmDOK ----> 2100 CIO Warren C. Sieckew I 40405G031/30V4 z�l 4z2 S699� 5 4040�|-n/��hFm� 64l2 0749 - 4 �- 03/3A o4/O5 3156'Y �Fl�sign'ShdwCy /FtnSpr C0 �=�� ' — TOTAL �� VENDOR ----> 1.715.50 5ir Syeedy pee� Sir-Spy ' "O0/-4�1O-21N 5 404O5H /1 V3�� 04/C� 133� �ezness Car�s-Engr�ng 22.5O �01'42 O'21�o l �^05H 09/��w V3�� 34 "(F �223 Busi"ea Cardsf}ng 112.35 0 1 4,0405G 6/1 V3�* 04�� 15277 StationarySu pl-Envelopes 178.22 �'K��-2110 5 40405H 07/1766 C4/O5 1538O Copv�ng/'B�nding Svcs ��.17 *0��-409�'2110 2 4041-i -h 3/J0 04/V5 15404 -pia\nt Reports 194.36 *0O1---'2\15 � 4O4O5H l0/�766 03/SO V4/V5 15447 S�ationary Letterhead TC`4L DUE VEN0JR --------- 889.|5 ITMP-; (aDOF A '*JT P7r) MUTNE/No. I - ------------------------ ------------------------------------- ------------------ ---------------------------------------------------- EJ!Eon S -454,-21 4, j A 16 cc.e7cls r C 04 andard In insfura-Ic- --,F Ore L 404"o 30 StandaNIn 4040% 0.3 a S; 77 Z_ -cc p.0 -4. Elqc� TA L tr_ )ENDO� -------- 2_0 -- 7`7 E tr L L L 'AL'IE 'IE ENLOF -------- 7. y- C 1 vf AL _LSE VENTDOF -------- SoLaEd Sof", 174.57 AL VENDOR -------- 17c, 1,4. Jf EJ!Eon S -454,-21 4, j A 16 cc.e7cls r C 04 andard In insfura-Ic- --,F Ore L 404"o 30 StandaNIn 4040% 0.3 a S; 77 Z_ -cc p.0 -4. Elqc� TA L tr_ )ENDO� -------- -- 7`7 E tr L L L 'AL'IE 'IE ENLOF -------- C vf AL _LSE VENTDOF -------- �L— i2-,; 174.57 AL VENDOR -------- 17c, 1,4. Jf 1C T't V CoN, -------- 00 7-z - -- - - - - - - - - - J,j RUN TIME: 15'16 YOUCHER RES{S-ER DIE THRU.......'.....C����� PAGE 2V �`ENLEIOR NAME vEmuox lD' ���»»w/ p�OJ'7��0 BATCH ��LlN[/NU. ENTpY/DUE ������ D[SC ____________________—__________________ ______________o�uuw/__DATE____CHECK 5�a- �l�der. Oarepr 1�� -.24 T6 18 4O4O5 �ompson, jack *OQ'��56'55VO Thrasher, Caro ��1'�73 Time Out Perso nel ��. TimeO t 3 404'5H U.S. Po�txas er i��rmt k�)01'4510-2125 USPo ���r USSyriot I 40405H /i�� Comsu j: a viwm 40405H 01/18111 04/05 013/30 04/05 0��/� 91-.- Naln�t Yly ��er Dz�� WVWa TC-�L �� V[�2OR ----> L Li 2iI 2 4O405� msreaczon Refund ��1'4316'2�26 2 40405H 03/J0 A,C� **�1'43z9-2{2� 2 4 0405h 03/3O 5 'ov1'432O'2l26 2 4040-5H IT TOA L PREPAID AMOUNT --> 1,99..00 03/30 S4/O5 *o01'433z-2l26 2 404V5H O3/30 V4/�5 h, -K e������ TC-�L �� V[�2OR ----> TOTAL DUE VENDOR ----� msreaczon Refund 32.00 TOTAL DUE VENDOR -------- 3L rempSv�s'��eptinn1st 109.76 TOTAL DUE VENDOR '' > t0Y.76 Postage [RMF �ms\etter 1,990.00 04/05/94 0000�l�499 TOA L PREPAID AMOUNT --> 1,99..00 TOTAL DUE VENDOR ----> O.0O �ngr bmg Oist Phne Svc� 1O.O3 T7AL ----> 0.O3 �X!l5� r�-A^ Fn2,A3 AMOUNT --> 500.00 rOr�� DLE :ENOOR ----} V.Cm �am�fAX �achine 146.74 �-LE VENDOR ----> 146.74 Wa'er Usage-Paml Grow Prk 712.65 Water Usage'�le Hill Pk � 548,O 0 Water Usage -Peterson Prk 1,291.15 Water Usage'Summtrdge Prk 1.512.40 Water Usage -Sycamore Cyn 381.4O 407!4L DU[ VENDOR -------- 4.445.6V �ST 4 J 44 -7 -4 T -AL LHUE VENDOR ---------- 00 -Aj 4 7-47 Dc 7, . YWCA 4 44' W 5H 7i! Z:2� -------- �'UNTIME.�5�1�63/30�� SES�S7ER ��R�� vMM lD. BATCH �'L��' '___��'T� ________________---___________________AxOoNT__DAT ��'��--------------------E: WIN ____CxE[� �semite Lo�ge YosemiteLo °m�'4210'2330 A'���I 3 -ca, Go.t -OTAL PREPAlD AMOUNT---- ' 71.4O . T3��1 DUE - ''''--- ,�sem�te Wate~s yosemWat�r ^0��-431�'21J� 2 4V�05� O1'���� .3.'��' �4/O5 reb�5�20'� Eq��pRe~t'Na�erDispfeb 29.�5 T]THLI DUE 'VENDOR ----} 2Y.V5 /oung. �icole 1349 l9RCrEationRefUnd 1O.0101 VENDOR ----> 10.00- Zeilerbach zeilerbach �61'4 05,0'UOO 2 40405H 03/30 04/05 1124403115 COPy Paper 5�.32 TOTAL DUE VENDOR ------> 555.32 ' T6TAL PREPAID ----------- 124,271.49 /uw& ZUE --------------- 599,533,53 TCr�L REPO6T '' - ''---'> 72�.8V5.02 � TIME: �5�1� V3/0�A RUN ~ - FUNO S�°M�RY n�PCRT ��THRL.............(�'���� �S�� G1 w �� ��� F�ST �� �� ,=�" FUTURE TRANSACT��� FUND____________TOTAL __DIRECT_��____��_____l;EEXnE�S�____��ENUE ____E��NS[____REVENUE ___E�Ew�_ �4.50 �4.�7.«4 00� General Fun �7,�4.V5 122,TB.15 11.S4i�� �38 LLAD K' Fun, 11 84\ ' 45 ' 1� LLAE 0-19 Fund 4,All.- 11.-25 2 5CDBG Fund 4,6-11 .70 13.0 �15 Int Waste M0mt F 1J'C* 17\.62 118 Air Que\ity Imp 17i'eZ ��-.744.99 2� T�ffic wit Fee 74 C.I.P. Fund 59.��.32 3,��.70 141 LLAD #41 Fund 777.8O 112 Pro A -Transit -� ______ ______ __ ---- ------ ------ ------ —'----' �4.5O ------------ ----- �*,312.37 �L FUNDS 7- ��.��.O2 �22.�0.15 _ ` s d ti m �. 1f �� ss ' 8r a co er • i s� a DIAMOND BAR BOULEVARD AT STEEP CANYON' sr 0 HODIFICATION ! II > toi I o 0 e R (r t` CV 5 ell _Z .80 r Zt N.T.S. SL IN ���--------�•,. � '��y mss- m 3S 3 0 5 V ,\ �In CO s < ��• c LAI �� 1 a 3305.51 MODIFI TION n � W •9 IF osez 9-6EES-9 S0-5 0 �i> ►RMONn BRR ��> I - 9 OHO OHSI 9 O 1 O Z yy -• t � i iii � m9Z SZ �Z £Z ZZ IZ OZ 61 N 81 LI 91 SI H 8. f O N L H �� r - � 0 ii' oHdr �zia V e 3'10109 5 ❑ YZId �% oHbl Ise rn OHOZ a N •� V + a, DIAMOND BAR BOULEVARD AT CLEAR CREEK CANYON DRIVE s NEW RAMP � j� t 14 Ji rl t} y; T.S. 15 ___i4__13 12.1. 11 10 17 16 + 'IW m � �� G RD 1000 n/ 331 (7cn <' N 24 N N `� 29 i;z /v Q 3 25 26 27 28 4 30 �/oos/ ti 39, �3 '4•,~��4f--�4� i3; t::� :.2 0 11261 /y/ o� /O/$� 601j s/O s x\ y r 'i V• f 11/ ,.Y sem, T ^.k r. / �� _ �q2 .r2�t J Esq, ¢�l/� n�9 / 4,9. � J r (b?/ r /Ile , ti se eft i.' � � �' ♦� gPSTq�n1 � V � �' /01, too` 3g ; m cl IrcA, FEk ' - IN o o~ r/ //0 OR royo j ' O 4 y G%� /06 2 1 1069' o vim- U 00 o zo <OZ w z DIAMOND BAR BOULEVARD AT MOUNTAIN !v '3s "k, co 00 LAUREL WAY y z= < 14 N RAMP MODIFICATIONS f s° 4, ;rc�`rrs�9' !%�'s3 ac w V r � U 85 J s s P 4 83 84 87 88 89 90 91 92 ca ,� 93 69, O m O _ of y S8 N NI /{OUtilil{l,lf I4H ^y ss 0) 1600 N 90N92 ° c0 ftp O N O .• w L 1��> 4. T--_— W - ,8_s�, •ri� _ v– cy 58 57 56 Pz�. 11 >r c C < 1a 7 6 5 4 s o p \ Lr) 16 ol 'po \� \ 6LS° O rs2 �`i yO RAMP o MODIFICATIONS ij 6� CK 05 ell ° S o 14110 . _ � 6�T'3%� � rf'Sf• ^Co moi. \ .; �v /� ,Q� ; r Cil 4 0 ro J J�' _l 2 / \ �O 0 x ANO 31151 -pung J m rl-- M B 866 as m ° ? � RS ��_ 76-51-56 � W osa < <2 y jg29+ ° ' DIAMOND BAR BOULEVARD 6` 9' a2�41i lr7 c'o AT SILVER HAWK tiq+~ 03, ^`9��, N z18o0 0 NEW RAMP S 4s rof 99 iy E O- ;'- SEC 21 It / GUILOIXG RI TS � R'e S'FlC T -r I ) 75 s� ,s G Lao° �------------__-;; ; \ ,9 ,�\ 4 tom. V Ssti9? ;S� N . T . S NEW RAMP lP,�`i9 6S, 6� ♦ \Q, \C� / l/� ' y° �� 1 S \ gyp` ` reo r2 2° moo 49 ✓/rte .� y4.4- j °rte 6� �a�'^\ Y. 0 EASE lo 4 /�3S`•� `\ EE57' S No �� \�` ~ ti� 'a � O ,rt,gp•\ l Q y�; 0 ` 9. �jAV 60 ti 31 i ni V ° 6g so 3200 DIAMOND AR BOULEVARD AT B A CANYON6 NEW RAMPS g 2 ci 4\1 11 \ / moi. o co _ n f ti �41) \\ S 8_$339,, NEP - 2 tPMa�O O s SC 2 P ° N.T.S V yQ 0o° ti o0 Qr" m AO f' ° co \ Ati t a2 N co 313 4OO n0. H 34 RSO s�/ To i ioo - 7 9 q X 9pC a �'SA 0 g�2a iso 2\620 \ M �'� 6 J � VIA 2\160 �D° A3 Ak K r W 12860 K NEW RAMPS ON GOLDEN SPRINGS N. o AT DIAMOND CREEK VILLAGE aWi N1 �gl� -AA 2 ZO - Ac I I S f � is `00 000 \ • 1 6 6' 7 ' ^ UwtF%EAE 138 EE9 ej m <� 1l 121 14 :0 0 o 7 \3 0 3 CD m o EE9w 4 z� X215 "', E/5£cp O 11 VC a191 Cn O_ O QI 01 I�36 < 24 137 92 P� t1Eoc� 37 35> .0664 15 3837, {f< O 31� a 30 .1263 39 41' 1 ,3935' a< 38 61 ' < is62 40 43' 36 261 4l 45' .3 0 42 451 8743, 3s a,669 , a3g5g s270 t '7 1 _ A3y� C2 c, 51, _. ,258 A -0,- 5y, i . 62 `�5, 5b loss), e7j4 4 Y a6C654 Dc 8\ O ,s75 7 \d < as 7lass N w ` S',77 7 \S �F 91 lfl 134 0 i t NEW RAMPS O yo lap `�, yc --- <'`•, ` DO 60, 86-910536 SFhf9 ��\ 43 oj> R ► VE 0 RS 76-51-56 SS• CARL WARREN & CO. DIA ND [ AR I�i,urin,� \�iiu ter. .. CITY CLE t1.1 or Drive 94 MAR 21 AM 8: 45 -4(. f AV -1a- TO: City of Diamond Bar ATTENTION: Lynda Burgess, CMC/AAE City Clerk March 18, 1994 RE: Claim William Lyon Co: vs. Diamond Bar Claimant William Lyon Company D/Event 1-20-94 Recd Y/Office 3-8-94 Our File S 72034 RQ We have reviewed the above captioned claim and request that you take the action indicated below: [YI CLAIM REJECTION: Send a standard rejection letter to the claimant. [ ] CLAIM INSUFFICIENCY• In accordance with the telephone conversation of * a notice of insufficiency must be mailed to the claimant no later than *, 19*. THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION LETTER See Government Code Sections 910 and/or 910.2 and/or 910.4. [ ] AMENDED/SUPPLEMENTAL CLAIM Send a standard rejection letter to the claimant, rejecting this additional/amended claim. [ ] 1ATE CLAIM FSPoNSF.• Return the original claim material to the claimant, advising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim". (Return copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT.OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER See Government Code Section 911.4 [ ] APPLICATION EJECTION• Reject claimant's "Application for Leave to Present a Late Claim. See Government Code Section 911.8. [ ] TAKE NO ACTION• Defer any written response to the claimant pending our further advise. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, WARREN & COMPANY 040, Richard Marque 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES JAMES D. STONE 17822 17TH STREET SUITE 405 TUSTIN. CALIFORNIA 92680 TELEPHONE (714) 898-1121 ATTORNEY BAR No, 106815 II Attorney for THE WILLIAM LYON COMPANY IN THE MATTER OF THE CLAIM OF: THE WILLIAM LYON COMPANY, Claimant. vs. THE CITY OF DIAMOND BAR TO THE CITY OF DIAMOND BAR: l PAOIE-6ELOW FOR FILING STAMP ONLY) YI .'il i 94 rfi?P -8 PII41 12: 07 CLAIM FOR DAMAGES THE WILLIAM LYON COMPANY hereby makes the claim against THE CITY OF DIAMOND BAR for indemnity, contribution proration, apportionment under Civil Code Sections 1431-1431.5, statutory liability/responsibility and makes the following statement in support of this claim. 1. Claimant's address is 4490 Von Karman Avenue, Newport Beach, California 92658-7520. 2. Notices concerning the claim should be sent to James D. Stone, Esq., 17822 17th Street, Suite 405, Tustin, CA 92680. 3. The date and place of the occurrence given rise to this claim are on or about December 7, 1992, the occupants of a motor vehicle involved in a collision with a second automobile on Brea Canyon Cut -Off Road at or near its intersection with Pathfinder in the City of Diamond Bar, County of Los Angeles, State of 1 1 2 3 4 6 7 8 9 10 11 12 N WOF�Nwm� 14 uv�m-S�z° t =apa� 0Qnw0 15 <N `0 of J11��M1m uSz 16 W 0 d� ZWk 17 18 19 20 21 22 23 24 2F 2E 2 1 2f California. The occupants have sued claimant Los Angeles Superior i Court Case No. KC015272 and served claimant on January 20, 1994, thus giving rise to this claim. Plaintiffs have alleged i negligent, careless and reckless ownership, operation, use, maintenance, inspection, entrustment and care of said automobiles. In addition plaintiffs contend that there was a dangerous and/or defective condition of public and/or private property. Plaintiffs have alleged that said property, roadways and appurtenant areas were negligentlysigned, engineered, constructed, inspected, owned, operated, occupied, maintained, developed, created, de installed, striped, signed, posted, modified, altered, changed, graded, drained, channelled, landscaped, and/or otherwise cared for thereby allowing or permitting water to cross said property onto the roadway thereby in some way causing or contributing to the accident and the injuries and losses alleged in the underlying complaint. In addition the plaintiffs in the underlying complaint further allege there was inadequate or defective traffic controls, devices, lane traffic markings, center lane dividers, roadway warnings or advisories and signs, traffic regulatory signs, traffic control devices, inadequate lane dividers, or that the private or public property was otherwise deficiently drained and/or water was defectively channelled from the property thereby causing or contributing to the accident and/or losses alleged by the plaintiffs in the underlying complaint which has been marked Exhibit "A" and which is attached hereto and incorporated herein by reference as though fully set forth at length herein. The plaintiffs have alleged that because of the negligent operation of defendants vehicles, a collision occurred which resulted in the 2 1 damages alleged in the underlying complaint. Said damages are 2 unknown at the present time but will be proven at time of trial. 3 4. Claimant has filed its answer to the underlying 4 complaint denying all of the allegations contained therein and 5 further denying any responsibility for the injuries and/or 6 damages, if any, allegedly suffered or sustained by plaintiffs. 7 Claimant is informed and believes, and based upon such information 8 and belief alleges, that if plaintiffs did, in fact, suffer 9 injuries and/or damages, which supposition is not admitted but 10 merely stated for the purpose of pleading this cross-complaint, 11 it was due to the negligent or careless acts or omissions of 12 cross-defendants, and each of them, as hereinabove and herein set H w N^m 13 forth. That any action or inaction, whether negligent or 0WF67m$ uC 14 careless, by claimant was passive and secondary. That e cFmo,-1d LL =azaz ° A ~ ° n < 15 negligence and carelessness, if any, of cross-defendants, and each <N t C W J�n 16 of them, and ROES 1 through 100, inclusive, was active and Z'L� NF < 17 primary. That the negligence, carelessness and fault of cross - F 18 defendants would be the primary, contributing and concurring cause 19 of the injuries and damages allegedly sustained by plaintiffs in 20 the underlying action. 21 5. The road on which this accident occurred belongs to the 22 City of Diamond Bar, which claimant is informed and believes and 23 based upon such information and belief claims that if plaintiffs 24 in the above case did in fact suffer injuries and damages which 25 supposed is not admitted but merely stated for the purpose of this 26 claim it was due to the negligence or carelessness acts or 27 omissions of the City of Diamond Bar as hereinabove and herein 28 set forth. That the negligence and carelessness of the City of 3 1 Diamond Bar was active and primary in that by reason of the 2foregoing the primary liability for injuries or damage if any 3 alleged sustained by plaintiffs rests solely upon the City of 4 Diamond Bar. 5 6. Claimant therefore makes demand to the City of Diamond 6 Bar for indemnity, 'contribution proration, apportionment under 7 Civil Code §§ 1431-1431.5, statutory liability/responsibility. 8 5r/ 9 Dated: March 7, 1994 J 7D,.STONEAt rfor Defendant/ 10 Cross -Complainant The William Lyon Company 11 12 a W "N^ 13 W WQ�Fp�m� 14 uV1=< Z gz1 oQ --om 15 < N < 0 Y =Z 16 d zwik ~' " F 17 r 18 19 20 21 22 23 24 25 26 27 28 T1805CL2.JD 4 1 2 3 4 5 6 7 8 7 10 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL (1013A, 2015.5 C.C.P) STATE OF CALIFORNIA, COUNTY OF ORANGE) ss I am employed in the county aforesaid; I am over the age of eighteen years and not a party to the within entitled action; my business address is: 17822 17th Street, Suite 405, Tustin, CA 92680. On March 7, 1994, I served the within CLAIM FOR DAMAGES on the interested parties in said action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Tustin, California addressed as follows: City Hall City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765 I declare that "I am 'readily familiar' with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with U.S. Postal Service on that same day with postage thereon fully preaid at Tustin, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit." I declare, under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 7, 1994, at Tustin, California. MCLACHLAN 12 W N p g"m 13 F �g8 �pW Uw) 14 ILL =OZCZ OA=°Wm V) 15 N <0 m P 16 ;W0 EJ 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL (1013A, 2015.5 C.C.P) STATE OF CALIFORNIA, COUNTY OF ORANGE) ss I am employed in the county aforesaid; I am over the age of eighteen years and not a party to the within entitled action; my business address is: 17822 17th Street, Suite 405, Tustin, CA 92680. On March 7, 1994, I served the within CLAIM FOR DAMAGES on the interested parties in said action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Tustin, California addressed as follows: City Hall City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765 I declare that "I am 'readily familiar' with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with U.S. Postal Service on that same day with postage thereon fully preaid at Tustin, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit." I declare, under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 7, 1994, at Tustin, California. MCLACHLAN CARL WARREN & CO. 94 Mfg 22 PM 2. Is TO: City of Diamond Bar ATTENTION: Lynda Burgess, CMC/AAE City Clerk RE: Claim Sorrells vs. Diamond Bar Claimant Kent & Bonnie Sorrells D/Event 9-11-93 Recd Y/Office 3-9-94 Our File S 79460 SWQ March 21, 1994 We have reviewed the above captioned claim and request that you take the action indicated below: [XI CLAIM REJECTION: Send a standard rejection letter to the claimant. [ ] CLAIM INSUFFICIENCY: In accordance with the telephone -conversation of * a notice of insufficiency must be mailed to the claimant no later than *, 19*. THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION LETTER. See Government Code Sections 910 and/or 910.2 and/or 910.4. [ ] AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, rejecting this additional/amended claim. [ ] LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the claim is late and that -their only recourse is to file a written."Application for Leave to Present a Late Claim". (Return copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4 [ ] APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim. See Government Code Section 911.8. [ ] TAKE NO ACTION: Defer any written response to the claimant pending our further advise. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPANY jvv�t Vin t,. nz COUNTY OF LAS ANGELES CLAIM FOR DAMAGES 94m. ' 2 9 P`12: 27 TO PERSON OR PROPERTY INSTRUCTIONS 1. Read entire claim thoroughly. 2. Fill out claim as indicated. Attach additional information if necessary. 3. If attachments are submitted, one original plus two (2) copies of each attachment must be attached to claim. 4. This claim form must be signed. 1. NAME—w.W... KENT SORgELLS BENNIE SORRELLS 8. WNEAE DID DAMAGE OR IN.luw..n........ !s1ner. CIM. sw.. z!P Coae1 D i amo 7. oEvmw E IN DETAIL NPR � See attached detailel e. WHERE POLICE OR P►AAMEDICS CX-LEO7 S) YES 1} Seed limit too hi h avement 2) Lack of adequate markings on p p 1 p n} (�P41 QT1P control 4) Inadequate intersection signs / See Attached Claim Copies Available UpoRequest I. due to voluminous nature of records TOTAL ESTIMATED PRovecTrm OAmAO1 THIS CLAIM MUST 13E SIGNED NOTE: PRESENTATION OFA FALSE CLAIM IS A FELONY (PENAL CODE SEC. 72) WARNING — CLAIMS FOR DEATH, INJURY TO PERSON OR PERSONAL PROPERTY MUST BE FILED NOT LATE THAN 6 MONTHS AFTER THE OCCURENCE. (GOV. CODE SECTION 911.2.) — ALL FOR DAMAGES MUST BENOT LAT RTHER THAN ONIE MS YEAR AFTER THE OCCURENCE.D(GOV. CODE SECTION 911.2.) — SUBJECT TO CERTAIN EXCEPTIONS, YOU HAVE ONLY SIX (6) MONTHS RE REJECTION OF OUR CLAIM TO FILEM THE DATE OF IEA COURT CE OF RT ACTION. (GOV. CODE SECTION 945.6.) — IF WRITTEN NOTICE OF REJECTION OF YOUR CLAIM IS NOT GIVEN, YOU HAVE FROM ACCRUAL OF THE CAUSE OF ACTION TO F LERRS A COURT ACTION. (GOV. CODE SECTION 945.6.) lt. SIGNATURE OF CLAIMANT OR RELATIONSHIP TO CLAWA A� t WNRE COMES — ONIWR W m i b: Eric" Oeloer, eoere Of Supw wk cwnn TOWO a Number (213) 973.1410 READ CAREFULLT 'NoarH gHOY: Ma Ictatior. and pxif!on O! vahicle(s) ct?=!"� =! `"P£°t' as D . the PUKK vehicle as D 2 SHOW your vehicle H W the name of the loc iOn of stop signs. finals u L _/ /I See as teopo) h appearsTtofbeccorrectlon which app location of accident. 7 1s.P!IINroRnPE"A1"EBIDERMANI ESQ. 3/8/94 JOSEPH S AR9We. Room 3e3. Nem.I He" RW al Adw1IMIW WI. SOD W T�npe Sl. LA. CA x0012 1 JOSEPH SHIRO BIDERMAN Attorney at Law 2 221 E. Walnut Street, Suite 200 Pasadena, California 91101 3 (818) 792-6687 4 Attorney for Claimants Kent and Bennie Sorrells 5 6 CLAIM OF ) CLAIM FOR PERSONAL 7 KENT AND BENNIE SORRELLS, ) INJURIES (SECTION 910 OF THE GOVERNMENT CODE 8 Claimants, ) g vs. ) 10 COUNTY OF LOS ANGELES ) AND CITY OF DIAMOND BAR, ) 11 ) Defendants. ) 12 ) 13 TO THE EXECUTIVE OFFICE, BOARD OF SUPERVISORS, COUNTY OF LOS 14 ANGELES AND CITY CLERK, CITY OF DIAMOND BAR: 15 YOU ARE HEREBY NOTIFIED that KENT and BENNIE SORRELLS, whose 16 address is 1525 Pecan Grove, Diamond Bar, California 91765, claim 17 damages from the County of Los Angeles and City of Diamond Bar in 18 amount presently unknown but in excess of $300,000. 19 1. This claim is based on personal injuries sustained by 20 claimants on or about September 11, 1993, in the vicinity of 21 Diamond Bar Boulevard, approximately 84 feet south of Quail Summit 22 Lane, City of Diamond Bar, County of Los Angeles, California, under the following circumstances: 23 24 (a) While riding their bicycles in the clearly marked and 25 designated bike lane in the southbound direction of Diamond 26 Bar Boulevard, claimants were struck by a vehicle traveling 27 at or in excess of the -posted speed limit of 45 miles per 28 hour. Claimants suffered physical and emotional injury as a E� 1 result of said accident. [See Traffic Collision Report 2 Attached Hereto] 3 (b) Said accident occurred due to the posted speed limit 4 being unsafe for the location of the accident, as the 5 location is in a mixed business/residential area with 6° numerous cross -streets and heavy cross traffic. 7 (c) Said accident occurred due to there being inadequate g markings and/or traffic control devices at or near the 9 location of said accident. The accident occurred when a 10 driver pulled out from the east at Quail Summit Lane to south 11 bound Diamond Bar Boulevard, and crossed into the number two 12 lane of travel, whereupon a vehicle southbound in said number 13 two lane swerved to avoid the turning vehicle, and struck 14 claimants who were in the bike lane to the right of the 15 number two lane. 16 (d) Claimants are informed and believe that said accident 17 occurred due to defendants having previously raised the 18 posted speed limit in this location from 35 miles per hour to 19 45 miles per hour, when a reasonable study and survey of this 20 location would not have resulted in raising the speed limit 21 due to the heavy traffic and concentration of business and 22 residences. 23 2. The names of the public employees causing claimants 24 injuries under the described circumstances are unknown to 25 claimants at this time. 26 3. The injuries sustained by claimants, as far as known, as 27 of the date of presentation of this claim, consist of the 28 following: E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 < 1 23 9 24 T 25 A, 26 Ici 2.' 27 cc 8] 28 1 (a) Bennie Sorrells: Broken pelvis requiring total hip 2 replacement, right leg, right knee, 3 and contusions coma, neck, back a brasions, emoti emotional distress, among others. 4 (b) Kent Sorrells: Broken clavicle, head injury, 5 vision, concussion, pulmonary blurred collapse, % fractured ribs, mobility, decreased Y, left shoulder injury, abrasions and emotional distress contusions, among others. 4• As of December 31, 1994, the following bills received had been by medical providers to the Sorrells: KErrr s0RRE r s DATE AMOUNT 9/11/93 $ 320.32 PROVIpER 10/11/93 95.00 CRIPPEN AMBULANCE 9/11/93 16,951.64 SANDHU, MD 9/11/93 564.00 POMONA VALLEY HOSP 9/18/93 394.87 INTERNAL MEDICINE 9/29/93 106.00 VISITING NURSE INTERNAL MEDICINE TOTAL BILLED $18,431.83 BENNIE SO RFrrS DATE 9/11/93 AMOUNT BI LED PRO— I ER 9/11/93 195.00 320.32 HUBER, MD 9/11 93 / 34,408.93 CRIPPEN AMBULANCE R/11/93 POMONA VALLEY HOSP )/11/93 1,045.00 HUBER, MD )/11/93 629.00 POMONA VALLEY ANESTH. '0/8/93 166.00 INTERNAL MEDICINE )/27/93 171.19 POMONA VALLEY RADIOLOGY 0/8/93 42.00 VISITING NURSE /24/93 86'19 INTERNAL MEDICINE 1/11/93 53.00 HOMEDCO /28/94 6 '867'09 HUBER, MD POMONA VALLEY HOSPITAL OTAL BILLED $49,507.72 1dresses of Providers: 'lppen Ambulance 14 E. Badillo Street Nina, CA 91723 8/339-5441 3 1 Rohinder SandhuMD 2776 N. Garey Ave 2 Pomona, CA 91767 909/626-9660 3 Pomona Valley Hospital 4 1798 N. Garey Ave. Pomona, CA 91767 5 909/861-4374 6 Internal Medical Group#202 1866 N. Orange Grove, 7 Pomona, CA 91767 909/623-8796 8 Visiting Nurse Assn. 9 PO Box 908 Claremont, CA 91711 10 gp9/624-3574 11 Donald Huber, MD Garey Orthopedic 12 2776 N. Garey Ave. Pomona, CA 91767 13 909/593-7437 14 Jane Hsu, MD Pomona Valley Anesthesia 15 PO Box 148 Claremont, CA 91711 16 909/985-2112 17 Homedco 12950 E. Alondra Blvd. 18 Artesia, CA 90701 800/722-4463 superior 19 4, Jurisdiction over the claim would rest in 20 court. and to this 21 5. All notices or other communications with req 2.2 claim should be sent to Joseph Shiro Biderman, Attorney at Law, 3 Street, Ste. 200, Pasadena, California 91101, 2 221 East Walnut 24 (818) 792-6687. DATED: March 8, 1994 / 26 Yoseph Shiro Biderman 27 Attorney for Claimants Kent and Bennie Sorrells 28 4 'R or eALlE)RIEA � i. � ': rat or TRAFFIC COLLISION REPORT I� J _ fg;T LOC.""FORTHWuR wa MEg3KCONOfflodl ►[LOM CRIT '� ` z ❑r4r�dtl� 11vt�0"I M[POMTSIO OIS'TISGT D[AT wr�a"QA. COMMIT Z`12 �/ ?yz r1/� 792 `l - L/71 Ku.Lw7 u GUS rd" (xmo1 NCIC. OrPRCERL D. ro. eAr rcAM OCCyRMED DN o ! 1 ; 000 170v L yb 7 OF Tow AWAY NOT000"HS sr: F POST "'°""'"°" S M T W T F ❑Tp t PER / r UK- 8TAU MMT RSL V G at OREMSEC7ION cRITN OYES MO "ONE LA �) !( aOR: ? PERf1S[TS OP IL 141[1 /YOD[LICOLOR NWSER RATE TE RAR ASS SA/[T'f vEM M PARTY o«v[w-suco+ccNw.0 CLsq+r � �. �O!/r G G C (s 1'. Davin NaYa (now. "COLA. LAST I A � / � u 0 (7 N 0"46" NAYS �sAYE A. owvER PE019- Riff ADD" /-4A Z Z f �, V L L Ll • OLwLt11't AD011tM [All[ A. 01Nt11 0PD cm I RATE I sw �Q\ VCWCLI ❑ /Y /t os100RTON OIrWCLA ON c lis or. ❑on'Rc[K �O«rcK QoTNEII BAC MCT• an NAR EVES NOOIR SRiIONT 11D. r yoi R TEAMCLIST I �j ❑ Y�j L L7 O O I O l _ RRRTO IIARMTIVE� SLISSIEM ►MOOR[ rECRLAI.CAL oTLItR "0" PRION[ [NAD[ w OAYAOED AREA rR 9 1 5-1 CW USE n r ^�«u vtLtttt DArAo[ ❑ \ / O / / / - roVCT NRMSS[RR7SL. NDN[YIIIOM CAR«911 i 00. YAM)II K Aj OSor rSTBgVDp#fQ#fWAV SPEEDRan curs tAitTT C, L / L/ ♦ tNi[ NW RAT[ Nt Z- ?0 Z a.) V -o LAxi/ro[EK vtx rtAM PARTY o«vt" ucau"NA/s[M /I i/97' 7 70 C� DWER "me (now. Stoo". LW / r A ` II E!'1 L C rI /I /�R I • ` Qwwa� Mme �tAY[ Y D«r[R -gogo5TRaviamse _ TNM ❑ 30 sI vfi-',"'Q �N �SAIt A< 0«rLR OwNEME PARKED GITTfRAR/EM WC❑ [E" «vu ❑oTNu ,/�Q ' .RAcc asPwn+oN oP vcl.eLr oN oRocRs a: �^K�o NAR RES NOOMT MOON( ■RTNOAR � u J� DKT• KE Y0. 1 OAT ""T 7 r,^ J l3Q OZ 1 Z� i L ❑ !` /1(J DYMI6SS rla/t RN\OM rtCNA ICAL DCFWM N011E ArrAMoeT� MCRRTo IWRA An" OTIILM NOPE PONE [IMO[ w DAYADED AMEA ❑ d cf) 54', - (� - ^ r DtOC rENCIt DAYAOt j\�/{ 11ALHINRIICE CAMISEM r0{JCT NUMBER K 0 C- O ' pllvv0gql�� ON i[11[R OR NIOMNA/ SPtEO r11C O S !_5 Il�}1 n"'D cw0 E1dENWEER M.RAT SartTY TW Wucl/YOOgL/COLOR PARTY Ow'Em" ucENsa Nwwan RaR CLASS tas. 3 iv /Y15-s'5 C� C- V ............... pRlr[R NAYS 111RR.1.001-[.LAST) aSUR 41 „W„u, „AM ❑[ALE A. DISrER ►cogs TAW ADDRESS TRLAN - ❑ O ONMER7 ADDRESS t u O«vcR PARKED CfTf/RAT[!bP /�y rE/.CLE Q ^ C / 1 ❑ fJ neER ao«vu �oTr NWOWT MOON Q (91 flrRN f MAC[ DRS►ofITRON or r[RSCLL CHOP"" OF: MCT- tcs IWR RES = Z 0 _ C a Q � No►s ArrAILOR McrERTO N,RIw,T1Y[ OTHER NOLLE PNON[ SR«tl1[M PIOt r/SOR Y[CNAMCK pERCR: [ w DAYAOm MEA ❑ �?0�f) - 7 L ) CW II.[oNLI pESC«KrEI.e02041 OE .Durr NLYStR LP'M' rl WSURA -a CARRIER ; „,.1014 TOTK Src[o ►Cr $cc0 ORIL 01 OM ST1RStT OR NRDRRwAT rVCO C40 DATE RErR[wto gSPATCN NOTIFED �� �" ''(� a ur,�w-► 'EF. ►RVAnusr/Art AYES C NO C WA PAGE SOF jgFFIC COLLISION REPORT L '"'°� MMSIR .I,DIdAI aETwcT + q3— C1Al �OYORIWM �jyj LO KIOM'f �Y ❑ RILPO~ ONTUCT "AT Z / U 4 Z L/ - / 7I NIAI.ER WT & QLLM SSS NCIC S OFRCER L D. Yo. DAY( r T1Y[ l ria 1 OLLJS10N ocCWIRSD ON ; ' TVw AWAY NOronRA/Ns by: Z--- ______--_----- YIL[FO$T {1rOILYI.TION S M T W T F S Ta ❑YD f R NW'I RiL . < ASST! Ml u ❑ QNo DOME QArrrtcRcccT►aIYRM wstNuwtR {TATE ' YAKSlypp.L/COLOR QOR; KET! IMLCS OF SLATE CLAM SAFETY TW (ARTY owYvc{uctHSENWSER L fGERr . . . . . . . . . . . . . DRIVER NAYE("WT. YDOLE. LAST) ^ �F Q E 1 F_ f- I O�MNER{ MAY[ Q•AYE 1�1 DMILR KDELREIT ADD"" I QOw"� AppRp. IJIi Y DItV[R .ARKED CITY IiTAT[!a. KOE vi1U�,f6 12, �� owFDarrwNo.vu.cLEONORUIwor. OFFICER QoRIVER QoTHu {ro. SY a' i EAR RAu MY- .&Z N~U^R �f"f• ADM w�(T ^ , j �/ RERR TO NARAXITIG �% !,�U 5v I 7 z I (? OtRECTS: COST / i NONE A..ARtNT - S�{FI�Y YECNANCAL MtADL W DAYAO LD MEA OTHER — PHONE \ _ CHF LRE DULY OtyCRI{i VEHICLE WMAOS Q (gocc) �G � - 937 L f Y[HICLi TT.E QUwL MOW Q^MINOR pLICr MW{Ew i ' r�u onuumc[ AMEER ! QEIOD. YAIDR 1..r _ Awc° $KED KF FHC° amft o. ON STPASTOR MOHWAr �° n LMtE NYYsfR STATE. S/ % , 14 rr� a N)l� �. Y1Kt I YDDEL, WLOR . a ErAT[ CLASSsAF[T'I V[Il YEAR PARTY oRIVERy uecNs[ NUYscR tour. . . . . 2 DRIVER NAY[ (AMT. 00"a LAST) Q QtAYt A{ pRIY[R pwN[R7 MAY[ plod. TR[[T ADORE" RAM OWH[RS ADORSM QSAYE Y pRIV[R T ►ARKEO GIir /RAr[I Dr Q,FACtR �DItV[R QOM.R VEQ [ aS.Dan+oN OP VL/.CL[ OM ORO[Rf Or: RIRMOATt PACS tiA 1WR [YA 14DGHT wOWIT YO i OAY = TISAR MCI. Q � NE REPER TO N~Twt cIOrK Aha❑� MPRIOR YECHNADEPICTS:pE W DAYADED AREA ❑ ) / TD[SCRI{[ V[NCDY OAR NME pro" viST N01i .OLlCY NW{ER i ,,OR AL , IMYRANc[ CARRIER L Wm• M {KED KF ►I IC Q N WA OF ON STREgT OR HIOWAY LRYT CN►°&Hst pWGER STA TRAVEL MAKSlIIODEL'COLOR . STAT[ CLAM SAFETY VILK VLA1I . PARTY oRIVER$ uct„u Nwtu ' 3 DRIVER NAY[ (R RST. MooLl. LAST) QfAYE AS DRIVER ❑ M MER'{ NAYS ►[OSS• STREET ADORE[[ QSWiE"DRIVER QOWMERS ADORES& TARRED Cir I STATE I DIQO.AGER ClDRIVERQOMCA VENCL[ Q YRTNOAT[ TSAR RAC[ atPOMTION OF VEMCL[ OM OIIDLRs 4Cr. su HAIR EYE$ HtgM wtlONT YO. wr r CQ ; { PAPER TO NARRATNE ` i NON[ /J'.ARtNTQ D[ W OAE sN$IM[M PHONEMOR YLCHAA.CAL DEPICTS:;Y—CD A OTM[R HOVE PHONE ) CW USE ONLY pt{CRI.E V[MiCU DAMAGE Q ` YEI$CLSTYPE QNML HONE QYNOR !1 .OIKr MIAIRER i YAC QTOTAL 'NSYRAHCE CWHY[R '❑koD' i Of &lR Kr la° NL OM tTR[ET OR NOIMAY FVC° CMF❑ OATS R[VIEWEO O TRAVu DISPATCH NOTIFIED REVIEVlERSNAMf rw[rARERs NAYa C3YES Cl NO C3 WA TAT[ O E CALio,MA iFAFFI� COLLISION CODING PACE )ATE Of COI LCF/ • •o i7 oav Ty((wol — 100 ~'c acs vo ca �o z w.rac� --_ /SSG Z-Zy2 y- y7 Q ME11'E N/J1E/ADDItEti 4011FlEO PROPERTY DAMAGE - YES ❑� oEcc4umaN of oAaucc SEATING POSITION SAFETY EQUIPMENT EJECTED FROM VEHICLE A • NONE IN VEHICLE L • AIR BAG DEPLOYED b/.MEL Y • AIR BAG NOT DEPLOYED YFY 0 -NOT EJECTED 1 • FULLY EJECTED B -UNKNOWN C - LAP BELT USED DIOVER N.OTHER V -NO No P. NOT REQUIRED 2 -PARTIALLY EJECTED 1- UNKNOWN I - DIVER 1 2 3 0 - LAP BELT NOT USED W 2 TO 6. PASSENGERS E • SHOULDER HARNESS USED PASSENGER Q 5 ( T - STAnON WAGON REAR F - SHOULDER HARNESS NOT USED CHILD RESTRAINT X I - REAR OCC. TRK. OR VAN G • LAP / SHOULDER HARNESS USED Q • IN VEHICLE USED Y YES S - POSITION UNKNOWN H - LAP /SHOULDER HARNESS NOT USED • R -IN VEHICLE NOT USED 7 0 -OTHER PASSIVE RESTRAINT USED S • IN VEHICLE USE UNKNOWN K • PASSIVE RESTRAINT NOT USED T -IN VEHICLE IMPROPER USE U • NONE IN VEHICLE ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK (•) SHOULD BE EXPLAINED IN THE NARRATIVE PRIMARY COLLISION FACTORMOYEMEN7 UST NUMBER (6) OF PARTY AT FAULT TRAFFIC CONTROL DEVICES 1 2 3 TYPE OF VEHICLE PRECEDING i 1213 CO W SION E AYC SECTION VIOLATED: c'Ityn AcoNTAOLS FUNCTIONING APASSENGER CAR / STATION WAGON I JASTOPPED L f2ft B CONTROLS NOT FUNCTIONING • 8 PASSENGER CAR W I TRAILER 8 PROCEEDING STRAIGHT c J3 OTHER IMPROPER DRIVING C CONTROLS OBSCURED C M07ORCYCL E / SCOOTER I IiC RAN OFF ROAD DMO CONTROLS PRESENT/ FACTOR • DPICKUP OR PANEL TRUCK' D MAKING RIGHT TURN (,OTHER THAN DRIVER TYPE OF COLLISION I I IE PICKUP / PANEL TRUCK W / TRAILER IE MAKING LEFT TURN D UNKNOWN • NEAO •ON F TRUCK OR TRUCK TRACTOR IF TAKING U TURN c E E B SIDESWIPE GTRUCK /TRUCK TRACTOR W I TRL0.BACKING IG REAR ENO SCHOOL BUS SLOWING /STOPPING WEATHER ( MARK I TO 21TEms ) ID BROADSIDE I OTHER BUS I PASSING OTHER VEHICLE ACLEAR E NT OBJECT ,J EMERGENCY VEHICLE Ij CHANGING LANES CLOUDY F OVERTURNED IKNIGHWAY CONST. EQUIPMENT IK PARKING MANEUVER C RAINING G VEHICLE J PEDESTRIAN L BICYCLE EKTEING TRAFFIC D SNOWING OTHER MOTHER VEHICLE OTHER UNSAFE TURNING E FOG I VISIBILITY FT. MOTOR VEHICLE INVOLVED WITH N PEDESTRIAN ICING INTO OPPOSING LANE P OTHER • : ANON-COWSIoN 0 MOPED PARKED JGWIND JBPEDESTRIAN P MERGING LIGHTING IC OTHER MOTOR VEHICLE TRAVELING WRONG WAY AOAYLIGHT O MOTOR VEHICLE ON OTHER ROADWAY OTHER ASSOCIATED FACTOR(S) OTHER': B DUSK -DAWN EPARKED MOTCR VEiiCLE 2 3 ( MARK! TO2ITEMS) CDARK- STREETLIGHTS FTRAIN AvcSECTION n0lADON: C"tQvd DDARK - NO STREET LIGHTS BICYCLE • E STREET LIGHTS NOT DARK - AHIMAL ; U NO B vc ac m wounoM Orrco FVNCTIOHING ROADWAY SURFACE RXED OBJECT: gSOBRIETY 4q - RUG 2 3 {� PHYSICAL A DRY I CYC SECTION VIOu mtp 1 (MARK t T02ITEMS) f3 WET C SNOWY ICY J OTHER OBJECT : O� 1' HAD NOT BEEN DRINKING • O SLIPPERY ( MUDDY, OILY, ETC.) D1 EVISION OBSCUREMENT: 18 HBO• UNDER INFLUENCE I 1C HBO • NOT UNDER INFLUENCE' ROADWAY CONDITION(S) INATTENTION' ' I ID HBO • IMPAIRMENT UNKMOWN ( MARK I TO 2 ITEMS) PEDESTRIANS INVOLVED G STOP L 0o TRAFFIC E UNDER DRUG INFLUENCE ANOPEDESTRIANINVOIVED H ENTERING / LEAVING RAMP IMPAIRMENT. PHYSICAL ' A HOLES. DEEP RUT • CROSSING IN CROSSWALK I PREVIOUS COLLISION IMPAIRMENT NOT KNOWN . 8 LOOSE MATERIAL ON ROADWAY • AT INTERSECTION UNFAMILIAR WITH ROAD NOT APPLICABLE COBSTRUCTION ONROADWAY 'CROSSING IN CROSSWALK - NOT KDEFECTIVEVEH EQUIP.: QoHI I SLEEPY/FATIGUED D CONSTRUCTION. REPAIR ZONE AT INTERSECTION O»D SPECIAL INFORMATION E REDUCED ROADWAY WIDTH D CROSSING - NOT IN CROSSWALK IL UNINVOLVED VEHICLE AHAZARDOUS MATERIAL FLOODED IN ROAD - INCLUDES SHOULDER I IM OTHER ' : G OTHER': NOT B/ ROAD NONE APPA REM H NO UNUSUAL CONDITIONS I tG APPROACHING J LEAVING SCHOOL BUS 1 10 RUNAWAY VEHICLE :KETCH, YSCELLAN�t EOUS J � O jai I pD"T1 NO#ITN 2 p� QLA1141L 5ummi % I GI N o Iz F 3 r-1 'L I b STATE OF CAUFORTlA PAGE J INJURED I WITNESSES / PASSI ;Er— OFgC R .O DAR O�f /jOLUSIiN , l� /� ILIEXTENT OF INJURY ("X" ONE) INJURED WAS ("X" ONE I PARTY [EAT L•FFTT EJECTED NWBER FOS. EOUII. TFRHEii PASSENGER AGE SEY ONLY ONIT FATAL SEVERE OTHER VISIELE COMPLAINT pRIVER PASS. I IED. BICYCLIST OTHER wu"Y IYURT "Uu11T OF INN ❑ ❑ to ❑ T[LEINONE NAME I D.D.S. I ADDRESS TAKEN TO: QWVAED ONA.VI TRANSPORTED by: A 1 C/'!�,c NS D, i 1, ,4 /. x r /,r t o A! S 0,,,J.5 ❑* 1 ❑ Y �= ❑ U NAM[ I D.O.S. I ADDRESS L m4JURED ONLY) TRANSPORTED MT: C r I A r" DESCRINE BUuaES Z, I I U I I .O.S. I ADDRESS l/! rJ S>�NCN�Z� /Z' QED ONLY) TRANSPORTED BY; SEE NJURIES :i,, I Ei� 17 - NAME I D.O.E., ADDRESS IwuRED ONLY) TRANSPORTED By . DESCRIBE DQURIEL �g*II IDIZ(II NYRE r 0,0.8., AODRESll Or/)y16 �� TwuR[D aan TRANEroRrEn ■T: DESCRISE NJUaES D.O.E. I ADDRESS n OMLTI TRANSPORTED BT: 9 —G7, 1 L7 l! 13 VICTIM OF VIOLENT CRIME NOTIFIED n W 1 V VICTIM OF AOLEN%T�CRIMEE �NOTIFIEDr767 AZ TEL N TO: VICTIM OF VIOLENT CRIME NOT,FIED ❑ ❑ ❑ ❑ ❑ ❑ TfLErNQNE D TO: VICTIM OF VIOLENT CRIME NOTIFIED TO: 0 VICTIM OF VIOLENT CRIME NOTIFIED ❑ TELEPNONC TAKEN TO: 0 VICTIM Of VIOLENT CRIME NOTIRED MO. DAT t[ MO. OAT TLAR REY11WER'S NAME 87 U637 DACE j i`ATIV ]SUPPLEMENTAL _ OFFCERLD. ll?`/^ 29�1 C n6AE(24001 NGC NUMBER 1 ,)AT E OF INp0ENT I OOCCNCE to PPLLMENiAICK•AP0.1C•BI� ` *r ONE •7�ONE ❑ NR S RUN UPDATE �COUJSUN RESORT BAUPOATE FATALNARRUITtHEm NAZNOUS MATERIAL! Q SCHOOL BUS ❑ OTNEii ❑ SUPPLEMENTAL ElOTHER RE PORTING DISTRICT/BEAT GTAT ION NU48ER CITY I COUNT YIJUDICAI DIST RIOT STATE 40-1- 'r- s NO LOCATION rSUBJECT tiv- G C, 1. z. v G CE -Ci- 3. 4. T •= 5. ,.'A,�C 6. r aF 9. 10. 12. 13. 14. 15. �n v 16. !�J r A 17, V- Z 51<► l' S 19. 20. 21. U 22. � ►a 23. L . L u r-4 &I' — � S T A 24. - �,,J .. ►� cJF . � nl � � F r r 25. 26. 2 T /1 U�/�S PdG r 27. 17. � K 28. 6'L - -L& r F rDfJC�-1r N r F_ til ,K4 29. /l/ / v r r L s 30.[�J C G G' ; r�' v -f O t N L ►J f �- T U 31. d v l �,- MONTH IoAY rY 0 ti �r /,ADN Nr YrYEAR IEwEASNAME I .NUMBER B PREPARERS NA . Ur Ow+a�'M°II. wwi s4•ua rEe<UUFOaNlA , TE'o'W T1VE/SUPPLEMENTAL — PAGE 'TE OFINC M/OCCV GE - TIME (2QJq /000 NCC NUMBER /90 n OFFCERLD. 2 G ' ONE NARRATIVE SUPPLEMENTAL •r ONE ❑ COUJS" REPORT ❑ OTHER TYPE SUPPL Emc NTAL (•)r APPI r •a ct ❑ SA UPDATE FATAL ❑ IWAAOOIE MATE;UA(S ❑ BGN)OLBUS ❑ IR S RUN UPDATE ❑ OTNEA TY /CLARITY/JVOCALCKSIP.CT G}�n1 C/4u /- -Z &.Iffl W 14 2ev��,/n/L PORT NO p6TR1GT/BEAT WATION NUMBER �_ATON / SUBJECT STATENGHWAY RELATED YES NO /, 2. 2. - S U PILv a IIJ )4. ?s. 11101-47-10,0 U = 3. 4. F/2 r-t'U 2 o Or" s. r - l Z7 r r Z / .9'02 cal C v 6. 1 i /2 .t/B 30 >r/ , U i�i2Vd� dZ �NSu�r�/� //v UF�J[ ( � 3, — 32. 8. MOWN /DAY /YEAR nREPARERS NAME D.NUMBER MONTN/DAY/YEAR REVIEW ERY NAME 1.J 'S 14i 4 un to Ve5 U—P.�..w�Mbr WrI NpM�! 8B 48641 4. 6. — 5 U rt1 .4 a. Nro /� " rs2 5� G}�n1 C/4u /- -Z &.Iffl W 14 2ev��,/n/L /, 2. S� nl - S U /EL U �� )4. ?s. 11101-47-10,0 U = 2 02 (cu. CUC ?,. r - l Z7 r r Z / .9'02 cal C v 0D 02-y G LJ L 1 i /2 .t/B 30 >r/ , U i�i2Vd� dZ �NSu�r�/� //v UF�J[ ( � 3, 32. MOWN /DAY /YEAR nREPARERS NAME D.NUMBER MONTN/DAY/YEAR REVIEW ERY NAME un ccs in_.. a-rgni nAn U—P.�..w�Mbr WrI NpM�! 8B 48641 T,l•[ OF CAlJ1L'�ANIA , FRAFFIC COLLISION CODING��, 300 NCIC NW�EA Ell L D LATE Of COLLISION HBD . MOT UNDER INFLUENCE Tim& I I HBD • IMPAIRMENT UNKNOW N OP L DO TRAFFIC , +O. DAY YEAA (MARK 1 TO I ITEMS) GIMpAlpmENTNOTKNOWN UNFAMILIAR WITH ROAD Avc sEc"'m vwaTION : O c r NOTIFIED ❑ TTI ❑ NO B vc sacnoN vwunoN : owNEICi NAYS I AODAEt[ SOBRIETY - DRUG SPECIAL INFORMATION C NO PHYSICAL 2 3 PROPERTY ( MARK I TO 2ITEMS) Qva , DAMAGE OEscw+TlcN of DAYAOE NAD NOT BEEN DRINKING p 8 HBD • UNDER INFLUENCE EJECTED FROM VEHICLE SAFETY EQUIPMENT SEATING POSITION �{• nu- L . NF1 MIT 0. HOT EJECTED DcalumL -AIR 6A0 DEPLOYED Y -AIR BAG NOT DEPLOYED DPoyE 1 - FULLY EJECTED - A - MORE IN VEHICLE N OTHER y 2. PARIALLY EJECTED B . UNKNOWN C - LAP BELT USED ► • NOT REQUIRED rEy 3 -UNKNOWN 1 2 1 •DRIVER 0 . LAP BELT NOT USED E • SHOULDER HARNESS USED PASSENGER r1al D RESTRA1Ni4 S ENGERS 7•STAT WAGON REAR F •SMOULDER HARNESS NOT USED G LAP / SHOULDER HARNESS USED X -NO r-rES O • IH VEHICIF U-REA j32TO4-PA OCC. TRK. OR VAN - H•LAPISHOULDER HARNESS MOT USED R . IN YFlOCLE T USED 70- P ON UNKNOWN OT ER - PASSIVE RESTRAINT USED K • PASSIVE RESTRAINT NOT USED B.IN VENC SEUNKNOWN T -IN VEMC14 IMPROPER USE U . NONE IN LE ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK (• )5 . ULD BE FJKPLAINEO IN THE NARRATIVE MOVEMENT PRECEDING PRIMARY•COLLISION FACTOR TRAFFIC CONTROL DEVICES 1 2 3 TYPE OF VEHICLE i 2 3 COWSION UST NUMBER ( ) OF PARTY AT FAULT APASSENGERCAR78TATIONWAGON APROCEEDINGSTRAIG14T AvcsEcnO VIOLATED; 0380 CONTROLS FUNCTIONING • B P SEHGER CAR W / TRAILER 8 NOOLS NOT FUNCTIONING RAN OFF ROAD BOTHER IMPR ER DRIVING • : ROLS OBSCURED (�, YO RCYCLE / (COOTER MAKING RIGHT TURN NTROLS PRESENT I FACTOR • D PICKU PANEL TRUCK E MAKING LEFT TURN E PICKUP I NEL TRUCK W ITRAILER C OTHER THAN DRI TYPE Of COLLISION F TRUCK ORT TRACTOR MAKING U TURN IDUNKNOWN' HEAD - ON GTRUCK I TRUCK CTOR W / TRLFL BACKING A E LL B SIDESWIPE SLOWING f iTOPPING REAR EMO SCHOOL BUS I PASSING OTHER VEHICLE WEATHER( MARK 1 TO 21TEM5) BROADSIDE I OTHER BUS J EMERGENCY VEHICLE J CHANGING LANES ACLEAR T OBJECT j(HGHWAY EOUIPME pARK1NG MANEUVER B CLOUDY O TURNED RING TTRAFFICCONST. ENTE C RAINING VEHIC I PEDESTRIAN L BICYCLE OTHER UNSAFE TURNING Q SNOWING OTHER' : OTHER YEHICIi XING INTO OPPOSING LANE FOG I VISIBILITY FT. MOTOR VEHLCLE INVOLVED WITH N PEDESTRIAN PARKED OTHER ' WIND uGNnNG ,DAYLIGHT DUSK - DAWN ;DARK •STREET LIGHTS IDARK •NO STREET LIGHTS DARK - STREET LIGHTS NOT FUNCTION NG ROADWAY SURFACE CORY I WET SNOWY • ICY SLIPPERY (MUDDY, OILY , ETC, ROADWAY CONOITION(S) ( MARK T TO I ITEMS ) (A HOLES. DEEP RUT' 3 LOOSE MATERIAL ON RC1kDWI OBSTRUCTION ON ROAD AY D CONSTRUCTION - REPAIR aPtl E REDUCED ROADWAY MOTH FLOODED G OTHER': H NO UNUSUAL CONDITIONS TRAIN 1 30 OTHER ROADWAY PEDESTRIANS INVOLVED NO PEOESTRIANINVOLVED CROSSING IN CROSSWALK AT INTERSECTION CROSSING IN CROSSWALK- NOT AT INTERSECTION CROSSING - NOT IN CROSSWALK IN ROAD -INCLUDES SHOULDER HOT IN ROAD APPROACH NO I LEAVING SCHOOL BUS j MOPED HBD . MOT UNDER INFLUENCE p MERGING HBD • IMPAIRMENT UNKNOW N OP L DO TRAFFIC I TRAVELING WRONG WAY OTHER ASSOCIATED FACTORS) OTHER' . (MARK 1 TO I ITEMS) GIMpAlpmENTNOTKNOWN UNFAMILIAR WITH ROAD Avc sEc"'m vwaTION : O c r I SLEEPY / FATIGUED B vc sacnoN vwunoN : to Qra SOBRIETY - DRUG SPECIAL INFORMATION C NO PHYSICAL 2 3 vc cE VIOLAcrTco ( MARK I TO 2ITEMS) Qva ,auNAWAY VEHICLE No NAD NOT BEEN DRINKING p 8 HBD • UNDER INFLUENCE x151011 HSCUREMEKT : HBD . MOT UNDER INFLUENCE NA TY ENT10N' : HBD • IMPAIRMENT UNKNOW N OP L DO TRAFFIC E UNDER DRUG INFLUENCE' ENTERING! LEAVING RAMP F IMPAIRMENT . PHYSICAL' PREVIOUS COLLISION GIMpAlpmENTNOTKNOWN UNFAMILIAR WITH ROAD PPLJCABLE DEFECTIVE VEN EQUIP.: Oo I SLEEPY / FATIGUED Es ❑No SPECIAL INFORMATION AHAZARDOUS MATERIAL UNINVOLVED VEHICLE OTHER': NONE APPARENT ,auNAWAY VEHICLE FAGIUAL- ALL MEASUREM ESN TS ARE APP ROXtMATE AND NOT TO SCALE UNLESS STATED (SCALE - 0 M\Ew I YO. w Ev�C CHP 555—Pa9e 4 lR,v 11"851 OP 042 �Yo�c w.c w owr.. l i�z i:i ti w,U L'44d,u:.J L d 11 i PROOF OF SERVICE BY MAIL - 1031a, 2015.5 C.C.!`3 1 k 94MAP-9 P.1,12:28 2 STATE OF CALIFORNIA )ss. 3 COUNTY OF LOS ANGELES) aforesaid; I am over the age of 4 I am employed in the county my 5 eighteen years and not a party to the within entitled action, 6 business address is: California 91101. 7 221 East Walnut Street Suite 200 Pasadena 8 On March 8 1994 , 9 I served the within CLAIM FOR DAMAGES TO PERSON OR PROPERTY 10 on the: the interested parties , by placing a true copy thereof enclosed in a 11 in the said action, in the sealed envelope with postage thereon fully prepaid, 12 United States mail at Pasadena, California, addressed as 13 14 follows: 15 CITY CLERK CITY OF DIAMOND BAR 16 21660 E. COPLEYA DRIVE DIAMOND BAR, 1765 17 18 EXECUTIVE OFFICER BOARD OF SUPERVISORS 19 COUNTY OF LOS ANGELES ROOM 383 20 HALL OF ADMINISTRATION 500 W. TEMPLE 21 LOS ANGELES, C 90012 22 I declare under penalty of perjury, under the laws of the is true and correct. 23 State of California, that the foregoing Executed on March 8 1994 at Pasadena, California. 24 25 26 CLAU EPEDA 27 28 999 9b1 -' -,�, � �, .. � • •-� RECEIVED 93/30 17:22 199'4 Ar �u MONTGOMERY LRW O FICELAWOFicEaTEL:1-310-908-1854 Mar - - - — MICHAEL B. MONTGOMERY A UW 00"PO AT10N OF COUNSEL MATTHlW OISMOM Q N 18200 OfM6ROAOS PARKWAY NORTH AN Rowff FIARPEII� SUITE 060 ,�oHp QTY or INDuPw. CALIFORNIA Si?" 00{JMf TV OI' TELEPHONE pt0! 0061660 FACSIMILE 0104 00615" A 1478 FOURIM VTR W MAPA. CALIF0 M "668 MEMORANDUM (�ti Ham FLOP" ALBA ADMRTO FLOR ef'LN OFTK E ANI) HAWAII STATE BARS 4a & QLAII ELL SWRT TO: Hon . Mayor and Members of the City CaMO% dNNcar1+9 92998 _ City Manager rn4t M -IM FROM: Interim City Atto / '110offim, 00M°1M1AM� DATE: March 30, 1994 waaur o. DAV40 RE: Claim of Marina Contractors, Inc. PURPOSE OF MEMORANDUMt this memorandum is to report on a claim that has The purpose of been filed, and to recommend action thereon. Carl Warren & Co. , the JPIA adjusting firm, has presently denied coverage. HISTORY OF THE CLAIM: The claimant contracted with the City for 60 FrOMMY landscaping on January 6, 1993. Thereafter, because of delays by the CCC, the City deleted a portion of the contract. On December W99-39 ths of contractor submitted a letter request to the City, claiming tls $26,489.51 damages as a result of "lost profits". The0itfor yresponded t by letter dated January 23, 1994, denyingor ovO Claimant directed a Thereafter, on March 17, 1994, counsel t "lost D " to "loran letter to the City, changing the claim from overhead". On March 21, 1994, the City received a formal claim, submitted pursuant to Government Code 1910. On March 23. 1994, the City claim received the to Carl Warren a Carl Warren & Co.'s. remotion ohf Othi o claim as follows: "REFER CLAIM TO YOUR CITY ATTORNEY: There is a question whether the content of the claim falls witbin the provisions of�e�Jooinatl Liability Protection Program. disputes are excluded candor exclusion "R" • We recommend you refer this claim to your City Attorney for review and recommended action • If litigation is- subsequently pursued,- the. SCJPIA will review the pleadings for application under the Joint Liability Protection Program RECpNMI)ATIONS: That the claim be denied and the claimant be notified of the City's rejection of the claim. JOSEF M. COWAN, SBN 164243 LAW OFFICES OF JOSEF M. COWAN 17602 Armstrong Avenue Irvine, California 92714 (714) 251-9300 Attorneys for Claimant In the Matter of the Claim of MARINA CONTRACTORS, INC. 94MV21 N 1:2S CLAIM AGAINST CITY OF DIAMOND BAR [Government Code Section 910, et seq.] Marina Contractors, Inc. ("Claimant") presents this claim to the City of Diamond Bar (the "City") pursuant to Section 910, et seer. of the Government Code. 1. Claimant's address is: Marina Contractors, Inc. 17602 Armstrong Avenue Irvine, California 92714 2. Claimant desires notices concerning this claim to be sent to: Josef M. Cowan Law Offices of Josef M. Cowan 17602 Armstrong Avenue Irvine, California 92714 3. The date, place, and circumstances of the occurrences giving rise to this claim are as follows: On January 6, 1993, Claimant and the City entered into a contract agreement for the construction of the project commonly known as Route 60 Freeway Project. Pursuant to the terms of the contract between Claimant and the City, the City agreed to purchase certain construction and landscape materials from Marina. Due to causes beyond Marina's control, the City deleted a large portion of the materials from the contract. As a result, Marina incurred overhead costs for which it has not been compensated. L/M/1001.030/CLAIM.001 1 4. Claimant has incurred the following loss: $24,723.55 of lost overhead due to the deletion of a major portion of the project and consequent downsizing of Claimant's contract for materials. 5. The following public employees have knowledge of the facts stated herein: a. Bob Rose; b. George Wentz. 6. The amount of Claimant's claim is: $24,723.55. Dated: March 17, 1994 LAW OFFICES OF JOSEF M. COWAN By J EF M. WAN to neys for Claimant I A CONTRACTORS, INC. L/M/1001.030/CLAIM.001 2 MAIL PROOF OF SERVICE BY --- COUNT Y OF ORANGE STATE OF CALIFORNIA, arty to this action. MY 18 and not a p Irvine, California I am over the age °f Avenue, practices, 17602 Armstrong ordinary business p business address is 1994, following 92714, On March 17, a containing a copy of the attached CLAIM Cowan, I placed a sealed envelop for collection and T CITY OF DIAMOND BAR at the Law aeS of Josef AGAINS Avenue, Irvine, t requested, with the 17602 Armstrong envelope was addressed as mailing, via certified5e vii /e etu The recelp United States Postal follows: City Clerk City of Diamond Bar Drive 21660 East Copley 1765-4177 Diamond Bar, practice of the Law Offices of familiar with the rpractice of correspondence for I am readily in the ordinary Josef M. Cowan for collection and P laced for collection mailing with the Unite d Stathat s Service and ed States Postal course of business, correspondence on a P articular day is deposited with the United Service on the same day under the laws of the State I declare under penalty of perjury f California that the foregoing is true and correct. ° at Irvine, California. Executed this 17th day of March, 1994, L. L ISE CARO L/M/1001.030/PRP-58R.001 CITY OF DIAMOND BAR AGENDA NO. ; AGENDA REPORT Belanger, City Manager March 21, 1994 Terrence L. REPORT DATE: TO:April 5, 1994 Engineer MEETING DATE: George A. Wentz, Interim City FROM: Modification of Handicap Access Ramps in Diamond Bar. TITLE: Construction / the 1993-94 Los Angeles Urban County CDBG (Community 980 in federal funds was SUMMARY During program grant cycle, $82 access ramps at Development Block Grant) Golden Springs Drive and roved and allocated towardsthe hBar o Boulevard, °f handicap for the app on: Diamond bid specifications certain locations Staff has prepared Fernhollow Drive. access ramps at various locations in construction/modification of handicap Diamond Bar. 94 -XX approving Council adopt Resolution No. Access RECOMMENDATION: That the City Modification of HandicapAccess to the bid specifications for the Construction Ramps at various locaions in Diamond Bar and authorize the City advertise the project for bids. LIST OF ATTACHMENTS: X Staff Report X Resolution(B) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: public Hearing Notification % Bid Specif ications (on file in City Clerk's office) Other SUBMITTAL CHECKLIST: ordinance or agreement been reviewed I. Has the resolution, 5 vote? by the 2, Does the report require a maj City Attorney? ority or 4/ Has environmental impact been assessed? ion? 3' ort been reviewed by 4. Has the rep ort? Which Commission? the rep 5. Are other departments affected by llowing affected Report discussed with the fo TtVK7TV-WF.D BY: departments: X Yes _ No Majority Yes X No Yes X No Yes X No City Manager Assistant City 'e"L4` - Engineer Interim City MEETING DATE: TO: FROM: SUBJECT: CITY COUNCII, REPORT AGENDA NO. April 5, 1994 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Construction\Modification of Handicap Access Ramps in Diamond Bar. ISSUE STATEMENT During the 1993-94 Los Angeles Urban County CDBG Program grant cycle, $82,980 in federal funds was approved and allocated towards the construction\modification of handicap access ramps at certain locations on: Diamond Bar Boulevard, Golden Springs Drive and Fernhollow Drive. Staff has prepared the bid specifications for the proposed project. RECOMMENDATION That the City Council adopt Resolution No. 94 -XXX approving the bid specifications for the Construction\Modification of Handicap Access Ramps at various locations in Diamond Bar and authorize the City Clerk to advertize the project for bids. FINANCIAL SUMMARY The Engineer's estimate is approximately $74,000.00. $82,980 of CDBG federal funds has already been approved and incorporated into the F.Y. 1993-94 budget for these handicap access ramps. BACKGROUND/DISCUSSION At the February 2, 1993 City Council meeting, the City Council adopted the Community Development Block Grant Program budget for Fiscal Year 1993-94, which included funding for handicap access ramps at certain intersections throughout the City. Installation\modification of handicap access ramps at intersections on Diamond Bar Boulevard and Golden Springs Drive near commercial zones are proposed. Construction of four new handicap access ramps is also being proposed for Fernhollow Drive as a result of a specific citizen's request. Staff has prepared the bid specifications for the construction\modification of handicap access ramps at 20 intersections in Diamond Bar. These specifications were reviewed and approved by the Office of Affirmative Action on Monday, March 21, 1994. The work to be performed under the specifications consists of the construction/modification of handicap access ramps and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements in the following areas:- # OF LOCATIONS DIAMOND BAR BOULEVARD 17 No. GOLDEN SPRINGS DRIVE 24 No. FERNHOLLOW DRIVE 4 No. TOTAL 45 No. 1 PAGE 2 HANDICAP ACCESS RAMPS APRIL 5, 1994 aspects of requirements placed upon the contractor include: Key asp s before * Plan and schedule to be submitted at least seven day beginning of work. encies. days. * Notification to affected ag 15 working Y 100/day for non-performance. * Completion of all work within fifteen * Liquidated damages of $ All customary insurance and bonds have been included. e schedule for the various project activities. Staff has prepared a tentativ They are as follows: Specifications to City Council for approval and authorize City Clerk to advertise for bids Bid Opening Award of Contract Notice to Proceed Start of Construction Completion of Construction April 5, 1994 May 3, 1994 May 17, 1994 June 1, 1994 June 1, 1994 June 21, 1994 RESOLUTION NO. 94- A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION\MODIFICATION OF HANDICAP ACCESS RAMPS, IN SAID CITY AND AUTHORISING AND DIRECTING THE CITY CLERIC 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\modification 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 the Construction\Modification of Handicap Access Ramps at various locations in Diamond Bar. 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 the work specified in the aforesaid plans and specifications, which said advertisement shall be in the form and content as approved by the Interim City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING 0 E BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock A.M. on the 3rd day of May, 1994, sealed bids or proposals for the Construction\Modification of Handicap Access Ramps at various locations in Diamond Bar. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, °Construction\Modification of Handicap Access Ramps in Diamond Bar." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, art not Chapter 1, Articles 1 and 2, the Contractor eris requirthem es forpay n of less than the general prevailing rate of p is a similar character in the locality in which the publick wor performed, and not less than the general prevailing rate ofper the diem wages for holiday and overtime work. In that regard, Director of the Department of Industrial Relations ofthe State of California is required to and has determined such general prevailing rate of per diem wages are ofilelin the offi60 CeCOf the City Clerk of the City of Diamond Bar, interested ey Drive, Diamond Bar, California, and are available to any party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the j ob sie. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, or workman, or mechanic employed for each calendar day portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore m stipulated for any work done under the attached contract, by i subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of section 1777.5 of thine Labor Code as amended by Chapter 971, Statutes of 1939, andeship accordance with the regulations of the California App ed in the Council, properly indentured apprentices may be employ prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor ble occupation subcontractor employing tradesmen in any appe 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 ofrentapproval. The ices journeymen certificate will also fix the ratio of app that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint appren- ticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or n the trade can show that it is replacing at least 1/30 of C. Whe apprenticeship training on an annual its membership through app basis statewide or locally; or D. When the Contractor provides evidence that he employs apprentices on all ntoacts on an annua eight journeymen. registered of not less than one apprentice, average The Contractor is required to make contributions ro funds ssif he apprenticeship P g apprentices or journeymen in any apprenticeable established for the administration o app Public employs registered ther trade on such contracts -and on the P f 0 works site are making s 1 with s The Contractor and ithe employment of contractor under him shall comp the requirements of Sect1777.5 and 1777.6 in apprentices. standards, wage Information relative to apprenticeship requirements may be obtained from the Director schedules, and other requ' of Industrial Relations, ex -officio the Admonif�o the°Division of Apprenticeship, San Francisco, California, Apprenticeship Standards and its branch Offices-rs work Eight (8) hours of labor shall constitute a legal day mply with and be workmen employed in the execution this c contract and the for all to do with Contractor and any subcontractor under Chapter 1, governed by the laws of the State of Calif Part, 7, Cha as amended. working hours as set forth in Division 2, Article 3 of the Labor Code of the State of California Cit of as a penalty to the Y The Contractor shall forfeit, 25.00) for each laborer, Diamond Bar, twenty-five dollars ($ in the execution of the contract, Y workman, or mechanic employedu on any of the work him or any subcontractor under him, P during which said hereinbefore mentioned, for each calendar day required or permitted to labor laborer, workman, or mechanic is more than eight (S) hours in violation of said Labor code a to each Contractor agrees to pay travel and ed by subsistence eContract as fired by livable workman needed to execute thpawmentse re defined edain the with Labor such travel and subsisePs filed in collective bargainingagreement Code Section 1773.8• cashier's The bidder must submit with his proposal cash, or bidder's bond, payable to theof check, certified check, to at least 10 percent Diamond Bar for an amount equaland in event amount of said bid as a guarantee that the bidder will enter into amo cashier's check, the proposed contract into the hscontract said cash, d to him, of the City of failure to enter property or certified check, or bond shall become the p P 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$) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100$) 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-8 contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $15.00, said $15.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non -reimbursable payment of $10.00 to cover the cost of mailing charges and overheads. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this fifth day of April, 1994. PASSED, APPROVED AND ADOPTED by the City Council of the City this 5 day of April, 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 City Council of the City of Diamond Bar, California, at its regular meeting held on the fifth day of April, 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 CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR CITY CONSTRUCTION/MODIFICATION OF HANDICAP ACCESS RAMPS IN DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BLOCK GRANT NO. CITY OF DIAMOND BAR Gary -H. Werner, Mayor Clair W. Harmony, Mayor Pro Tem Eileen R. Ansari, Council Member Gary R. Miller, Council Member Phyllis E. Papen, Council Member Terrence L. Belanger, City Manager CITY OF DIAMOND BAR STA'L'E OF CALIFORNIA SpFC'IFICATIONS FOR CONSTRUCTIOMMODIFICATB OF RAMPS IN DIAMONDAR HANDICAP ACCESS Prepared in the office of the City Engineer California will receive of Diamond Bar, until 10:00 a.m. on The City Clerk of the City gall, in said City, of the above the City the performance at her office 1994,1 sealed proposals for May 3rd, described services. TABLE OF CONTENTS PAGES ITEMS , 1 - 5 RESOLUTION NO. 94- • • . ' ' ' ' . . . . . NOTICE OF INVITING SEALED BIDS . . • • • • • ' 8 - 13 INFORMATION FOR BIDDERS . . . • • • • . ' ' ' ' . . . BID PROPOSAL PACKAGE: 14 - 15 BIDDER'S PROPOSAL . . . • • . ' ' ' ' . . SCHEDULE OF PRICES . . • • • • . ' ' . . 18 LIST OF SUBCONTRACTORS . . • • • • ' ' ' ' ' _ _ . 19 - 20 CONTRACTOR INDUSTRIAL SAFETY RECORD . . • • • • ' 21 AFFIDAVIT FOR CO- PARTNERSHIP FIRM . . . . • • • . ' ' ' 22 AFFIDAVIT FOR CORPORATION BIDDER . . . • • ' ' ' ' ' 23 AFFIDAVIT FOR INDIVIDUAL BIDDER . . . • • • . ' ' ' ' . . 24 AFFIDAVIT FOR JOINT VENTURE . . • . • • . ' ' ' ' . . . . 25 FAITHFUL PERFORMANCE BOND . . . • • • . ' ' '' . . . 26 LABOR AND MATERIAL BOND . • • • • • . ' ' ' ' _ . . . 27 BIDDER'S BOND . . . • • • • ' ' . ' ' . . . . . . . 28 NON -COLLUSION AFFIDAVIT . . • • • • . ' ' ' • ' . . . CERTIFICATION OF NON -SEGREGATED FACILITIES . . • . • 29 WORKER'S COMPENSATION INSURANCE CERTIFICATE . . • . • 30 CERTIFICATE WITH REGARD TO THE PERFORMANCE 31 ' ' OF PREVIOUS CONTRACTS OR SUBCONTRACTS . . • • • • CONTRACTOR'S NOTIFICATION OF SUBCONTRACTS- . . . . . 32 - 33 AWARDED . . . . . . . . . . . . . . 34 NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY . . . . • • . ' , 35 - 36 MONTHLY EMPLOYMENT UTILIZATION REPORT . . • . • • ' TABLE OF CONTENTS (CONTD.) PAGES ITEMS CONTRACTOR'S LIST OF FEDERAL AND NON-FEDERAL 37 WORK IN BID CONDITION AREA -38 - 39 WEEKLY PAYROLL REPORT . • • • . • ' ' . . 40 NOTICE OF SECTION 3 COMMITMENT . . • • • • • ' ' . . - 41 CONTRACTOR'S SECTION 3 AFFIRMATIVE ACTION PLAN . . , 42 CERTIFICATION REGARDING LOBBYING . • • . . • . ' ' ' ' . 43 DECLARATION OF BIDDER'S QUALIFICATIONS • 44 - 48 GENERAL PROVISIONS. . . . . . • . ' ' ' SPECIAL PROVISIONS FOR CONSTRUCTION\MODIFICATION OF 49 _ 60 HANDICAP ACCESS RAMPS . . . . • • • • • ' ' . ' ' • APPENDIX A STANDARD DRAWINGS . . . • • • • . ' ' ' ' ' . . . APPENDIX B LIST OF WHEELCHAIR RAMPS AND VICINITY MAPS APPENDIX C COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS - CONSTRUCTION COMPLIANCE REQUIREMENTS PACKET U.S. DEPARTMENT OF LABOR FEDERAL WAGE DECISIONS RESOLUTION NO. 94 -XX A RESOLUTION OF THE COUNCIL PE IFIor THE CITY OF CATIONS FOR THE DIAMOND BAR APPROVING PLANS A� HANDICAP ACCESS RAMPS, IN SAID CONSTRIICTION\MODIFICATION I HAND CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the inteion in thethe Citylof Diamond ty of BarBar to construct certain improvements of Diamond Bar has prepared plans and WHEREAS, the City modification of certain specifications for the construction\ improvements. the NOW, THEREFORE, BE IT RESOLVED toftDiamondans Barand be and are specifications presented to the City hereby approved as the specifications for the Construction\Modification of Handicap Access Ramps at various locations in Diamond Bar. BE IT FURTHER RESOLVED that the City Cliredlby lawforthe authorized and directed to advertise as requ� the work specified in receipt Of sealed bids or proposals for doing plans and specifications, which said advertisement the aforesaid p roved by the Interim City shall be in the form and content as app Attorney and a copy of this Resolution shall be contained in each specification package for the work: '$NOTICE INVITING SEALED BIDS OR PROPOSALS" pursuant to a ResolutionCalifornia, directing this notice, t f the City Council of the City o Diamond Bar, Los Angeles Coun y, Bar NOTICE IS HEREBY GIVEN thatCitsaCaerktin they Of lCitydHall oflDaamoOfd receive at the office of theY Bar, on or before the hour of 10:00 forlthe A.M. on the 3rd day May, 1994, sealed bids or proposals Access Ramps at various Construction\Modification of Handicap locations in Diamond Bar. in the Bids will be opened and publicly read E. Copley Drive, Diamond office of the City Clerk, Suite 100, 21660 E. Copley Bar, California 91765-4177. Bids must be made on a form provided for the purpose, Of Diamond Bar, California, marked, addressed to the City "Construction\Modification of Handicap Access Rampin Diamond Ramps Bar." 1 M 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 rate of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than 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 her 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 administersthe pprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint appren- ticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or 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 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 comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3'of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. 3 If the City of Diamond Bar awards the contract to the next lowest bidder, the aofuDiamondthe Barlowest theldifferencesecurity betweenshall thebe applied by the City shall low bid and the second lowest bid, and the surplus, if any, be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the thentract contractrsaid work shall price thereof, andeone a laborand percent (1000) of 100$ of the material bond in an amount equal to one hundred ( ) a ent contract price for said work shall liesgiven secure P furnishedthe e of claims for any materials or supp ork contracted to be done by the Contractor, or performance of the w any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that hcarries be done compensation insurance covering his employees upon 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 Class C8 contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulationsdopted byrthenCityeoftDiamond or to whom. a proposal formas The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on filifiain the office of the City Clerk at the City Hall, Diamond Bar, Copies of the plans and specifications will be furnished upon said application to the City of Diamond Bar and payment of $15.00, $15.00 is non-refundable. the bidder, copies of the plans and Upon written request by specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non-reimbursable payment of $10.00 to cover the cost of mailing charges and overheads. The successful bidder will be required to enter, into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903ofathons General Provisions, as set forth in the Plans and SP regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the tute Contractor's sole cost and expense, d (performancehretention). securities in lieu of monies withheld (p The City of Diamond Bar, California, reserves the right to reject any and all bids. 4 By order of the City Council of the City of Diamond Bar, California. Dated this fifth day of April, 1994. PASSED, APPROVED AND ADOPTED by the City Council of the City this 5 day of April, 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 City Council of the City of Diamond Bar, California, at its regular meeting held on the fifth day of April, 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 5 CITY OF DIAMOND BAR NOTICE INVITING SEALED BIDS FOR CONSTRUCTION\MODIFICATION OF HANDICAP ACCESS RAMPS IN DIAMOND BAR RECEIPT OF PROPOSALS_ Sealed proposals will be received at the office of the City Clerk, City Hall, Diamond Bar, California, until 10:00 o'clock a.m. on May 3rd, 1994 for the furnishing of all labor and materials and equipment for the construction\modification of handicap access ramps at various locations in Diamond Bar and other incidental and appurtenant work. The words "Bid: City of Diamond Bar Construction\Modification of Handicap Access Ramps in Diamond Bar, to be opened at 10:00 o'clock a.m. on May 3rd, 1994" shall appear on the envelope of each sealed bid and each sealed envelope shall be addressed to the City Clerk, City Hall, Diamond Bar, California 91765-4177. The proposals will be publicly opened and read in the City Hall, Diamond Bar, California at 10:00 o'clock a.m. on May 3rd, 1994. DESCRIPTION OF WORK: In compliance with the American Disability Act, the work to be performed or executed under these specifications consists of and includes the construction\modification of handicap access ramps to Caltran's Standards at various locations in Diamond Bar and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements, as indicated on the attached drawings. This is a federally assisted construction project and federal labor standards, including 'Davis -Bacon', will be enforced. COMPLETION OF WORK: All work shall be completed within fifteen (15) working days after the Notice to Proceed is issued by the City OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all contract document may be obtained at the office of the City Clerk, City Hall, Diamond Bar, California 91765, upon payment of a non- refundable fee of $15.00. There is a charge of $25.00 for each set of plans and specifications that are requested to be mailed. PROPOSAL GUARANTEE: Each proposal must be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of ten percent (10%) of the bid price payable to the City of Diamond Bar as a guarantee that the bidder, if his proposal is accepted, will promptly execute the contract, secure payment of Workmen's Compensation Insurance, furnish a satisfactory Faithful Performance Bond in the amount of 100 percent of the total bid price, and a Labor and Material Bond in an amount not less than one hundred percent (100%) of the contract price. Said bonds to be secured from a surety company authorized to do business in the State of California, and subject to the approval of the City Attorney. 6 PREVAILING WAGE RATES: As required by the California Labor Code, Section 1770 et seq. the City Council general prevailing of the City of arate ofmond per incorporates herein by reference the diem wages as determined by the Director of Industrial Relations pernthem the State of California. Copies of the prevailing rate of p wages are on file in the office of the requety st. In and wwill be ith g interested party up available to any work under this contract the Labor Code, no workman employed upon prevailing wage rate. shall be paid less than the above fostedateeach nced ob site during the A copy of said rates shall be p course of construction. Any classification omitted herein shall be paid not less thailing n the prevailing wage scale as established for similar work in the particular area, and all overtime shall be paid da. Sat the eandeholiday rates as established for the particular time shall be paid at the wage rates determined by the Director o Industrial Relations. ade to the Contractor in accordance with PAYMENT*. payment will be m the specifications. CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right proposals or bids, should it deem this to reject any and all necessary for the public good, and also the bid of the bidder who any er the has been delinquent or unfaithful nwithdrawhiscbidrfor alperiod City of Diamond Bar. No biddermayening of thirty (30) days after the date of the bid op. CITY OF DIAMOND BAR, CALIFORNIA DATE: BY: LYNDA BURGESS, CITY CLERK 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 (with 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 guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is 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. This is a federally assisted project and labor standards will be enforced. The Prime Contractor will be responsible for complying and enforcing Federal Labor Standards. 5. 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 of any bid submitted will 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. 8 6. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual-items ( if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and 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. 7. BIDDER'S EXAMINATION OF. SITE: Each bidder shall examine carefully the sites 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 sites 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 sites 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. 8. WITHDRAWAL OF BIDS• Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above prior to the scheduled closing time for receipt of bids. 9. 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 issued in compliance with this section shall be issued in the form, and be an insurer of the 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. 9 The Contractor shall maintain public liability insurance to protect said Contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or. alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said Contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $1,000,000 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 $1,000,000 with respect to any property.damage aforesaid. 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 payment to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 10. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the City a written request for an interpretation of 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 document. 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. 11. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is 10 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. No award will be made to any bidder who cannot give satisfactory assurance as to his ability to carry out the Contract, both from his financial rating and.by reason of his previous experience as a Contractor on work of the nature contemplated in the Contract. The bidder may be required to submit his record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of the bid. 12. 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. 13.. 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. 14. 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. 15. 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. 16. 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." The form of such certificate is included as part of the contract documents. 11 BID DEPOSIT RETURN: Deposits of three or more lowill berheld 17. the number being at the discretion of the Owner, 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. is made shall 18. EXECUTION OF CONTRACT: The bidder to.toonathedform agreement execute a written contract with the ias herein provided, and shall secureallin urancdatedofowritten notice provided within ten (10) daY from the of the award. Failure or refusal to enter into aulatedcontract as herein provided, or to conform to any of the stunt cause for the annulment award and ction rthe tforfeiture h shall be of the proposal the annulmen guarantee. ute If the successful bmddeaward the contract to the r refuses or fails to csecond elowest contract, the City Y responsible bidder. If the second lowest thepcitybmay award refuses or fails to execute the contract,the bidder. On the the contract to the third lowest resp failure or refusal of such second or third loweees st bidder to execute the contract, such bidder'swork may then be re likewise forfeited to the City. Theadvertised. . ��; Pursuant to Division 5, Chapter 4, Article 4 19. OR EQUAL _ all specifications (commencing at #4380) Government Code, al", provided shall be deemed to include the words h"or egshall be however that permissible exceptions specifically noted in the sp ecif ications . APPRENTICES": The contractor, and all 20. "E1n_PI+DYMENT OF shall comply with the provisions in Sections subcontractors, Statutes of 1968), and 1777.6 of the 1777.5, (Chapter 1411, the employment of California Labor Code concerning subcontractor under him apprentices. The contractoandanof said sections in the shall comply with the requirementsthe contractor shall have employment of apprentices; however, full responsibility for compliance with said Labor Code renticeable occupations, regardless of any section, for.all app relationships alleged to other contractual or employment code irements exist. In addition to the aboveState sa or trainees, the regarding the employment of appll comply with Section 5 tor a. 3, Titrea29 oflthebCodetofcFederalaRegulations (29CFR). a. 3, Title 21. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a• on ti bidder whose bid is underconsitorthe Cityrsatisfactorythe award f the contract shall submit promptly his evidence showing the bidder's financial resources, construction experience, and his organization and plant facilities available for the performance of the contract. 12 22. WAGE RATES: The Contractor and/or subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, twenty-five dollars ($25) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of 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 of the Department of Industrial Relations, Division of Labor Statistics and Research. 23. PERMITS. FEES AND LICENSES: The Contractor shall possess a valid business license prior to the issuance of the first payment made under this Contract. 24. 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 fifteen (15) working days thereafter. Bidder must agree also to pay as liquidated damages, the sum of one -hundred dollars ($100.00) for each calendar day thereafter. 13 BIDDER'S PROPOSAL FOR THE CONSTRUCTION\MICITYTOFNOF DIAMHANDICAP DDBAR. CALIFORNIA. AT VARIOUS LOCATIONS IN THE Date To the City Council of the City of Diamond Bar: 1994 The Undersigned hereby declares: (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, artnership, give the name treasurer, and manager. If a co -p and the names under which the co -partnership does business, state and addresses of all co-partners. If an individual, name under which the contract is to be drawn.) proposal is made without collusion with any person, (b) That this pro p firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the ophysical and own climatic conditions, and makes this bid solely up 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 Proposal furnished by him to the City of Diamond Bar when this pro p form was obtained. (e) That he has carefully examined the specifications, both and general and detail, and the drawings attached hereto, communications sent to him as aforesaid, and makes this proposal in accordance therewith. to (f) That, if this bid is accepted he will enterinorkaw with rittencontract for the performance of the proposed City of Diamond Bar. the 14 (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 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 ten 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 City Zip Code 15 Telephone of Bidder Signature of Bidder SCHEDULE OF PRICES FOR THE CONSTRUCTION\MODIFICATION OF -HANDICAP ACCESS RAMPS IN THE CITY OF DIAMOND BAR 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. ITEM ITEM NO. DESCRIPTION QUANTITY UNIT 1. Modify 16 EA. existing handicap ramps 2. Construct new 27 handicap access ramps TOTAL AMOUNT BID (IN FIGURES) $ TOTAL AMOUNT BID (IN WORDS) $ EA. 16 UNIT PRICES EXTENDED AMT. -(IN FIGURES) SIN FIGURES) Accompanying this proposal is cash," (Insert "$ "cashier's check," "certified check," or "bidder's bond," as the case may be) in the amount equal to at least ten percent (10%) f the total bid. 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 shalshall become the property of the City of Diamond Bar, and this prop and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION 17 SUBCONTRACTORS LIST id the Incompliance with the provisions of the Public a place tCode of businesson of each,subcontrac or who will herewith sets forth the name rsigned bi der and location of the plain or about perform work or labor or render service to the genone half Contractor 1 /2) of one perces (1 %) of the general e construction of the work or improvement in an amount m excess of Contractor's totalbid, and the portion of the work which will be done by each subcontractor. Name uncle, w--, contractor is licensed License Address of Office, Specific Description Number Mill or Shop of Subcontract work & portion ofthe Work k the er rees to perform If the bidder fails to specify a subcontractor for ancontracttors for hersame wodrk are prohibi ed by the work with his own crews (Alternative sub provisions ofthe California Government Code.) Dated Bidder ignature S ignature 18 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identificati Bid Date This information must include all construction artnershiptajointn the State of California by the bidder and any p venture or corporation that any principal of the bidder participated in as a principal orowner nerfor hheldateast fofebidlendar years and the current calendar y prior submittal. Separate information shall be sbsubmitted eachdual particular partnership, joint venture,corporation bidder. The bidder may attach any additional information ofion explanation of data which he woudeXilanation must beke taken into n attsi ached of evaluating the safety record. An and all fatalities. the circumstances surrounding any No. of contracts Total dollar amoun of contracts (in 1000's) No. of fa ost cases es 5 Calendar Years Prior to Current Year 1989 1990 1991 1992 1993 TOTAL CUERRRNT No. of lost workday cases involving permanent transfer to another job or termination of employment o. of lost workdays ed The information required for these items for columns 3 to 6, Code 10, Occupational ries and Illnesses, OSEA Occupational Inju 19 is the same as requir Injuries, Summary 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 City Zip Code signature State Contractors• Lic. No. & Class. Telephone 20 AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) first duly sworn, deposes and says: being 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. Subscribed and sworn to before me this Signature day of 19 Signature of Officer Administering Oath (Notary Public) 21 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )SS first duly sworn, deposesand says: being 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; 9 bidder has not colluded, conspired, connived or agreed, directlyor indirectly,that said with any other bidder or person to that such other person shall refrain from bidding;in a sham bid or any manner soughby collusion to secure any advantage and has not in City of Diamond Bar or any person interested in g thagainst a rop the contract, for himself or for any other proposed Person. Subscribed and sworn to before me this signature day of 19 Signature of Officer Administering Oath (Notary Public) 22 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. Subscribed and sworn to before me this Signature ,day of 19 Signature of Officer Administering Oath (Notary Public) 23 AFFIDAVIT FOR JOINT VENTURE 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 and is 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. Subscribed and sworn to before me this Signature day of 19 Signature of Officer Administering Oath (Notary Public) 24 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of ) Dollars ($ lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the Contract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obligee and judgement is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1994. PRINCIPAL BY: (SEAL) 25 SURETY BY: (SEAL) LABOR AND NATERIAL 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 in DIA ON ofAR, CALIFORNIA hereinafter referred to.as the "City", ) DOLLARS ($ lawful money of the United States of America, for the payment or which sum, well and truly to be made, we bind our jointly and.several firmly by these presents. whereas, said THE CONDITIONS OF THIS OBLIGATION ARE StcHenterti to the annexed Contract has been awarded and is about 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 with the execution of said Contract; if said Contractor in said Contract, or sub - NOW, THEREFORE, rovisions, provender machinery, contractor, fails to pay for any materials, p used or other supplies, or for the use of implements or , 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 Insufaonchecsametinranpamount ect to moth work or labor, said Surety willpay exceeding the sum specifieaaoe�neydsafee,lto beefined by thesuit is ught upon this bond, a reasonable benefit of court. This bond sshfileimmure to the persons entitled tSection 1192.1 ofdl 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 ons of Contractor or said Surety thereunder nor shall any time granted under the provisions afcontract such alterationsor either said Contractor or said Surety, ndnotice extensions of the Contract is hereby waived by said IN WITNESS WHEREOF, we have hereunt set our hands and seals this day of SURETY PRINCIPAL BY: (SEAL) BY: (SEAL) 26 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as Principal, and as Surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the Principal above named, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on April 6, 1994, for the Construction\Modification of Handicap Access Ramps 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 judgement is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , 1994 (SEAL) PRINCIPAL SIGNATURE AND TITLE (SEAL) SURETY SIGNATURE AND TITLE NOTE: Signatures of those executing for the Surety must be properly acknowledged. 27 HON -COLLUSION AFFIDAVIT To: The City of Diamond Bar: State of California ) )SS County of Los Angeles ) , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited the other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contact of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature of Bidder STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Subscribed and sworn to before me this day of 1994 Notary Public in and for the County of State of California (Notary Public) 28 CERTIFICATION OF NON -SEGREGATED FACILITIES Federally Assisted Projects The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his con- trol, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he .will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or enter- tainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted „ construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Com an . B: Title: Date: 29 WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen'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 the work of this contract, Section 3.04. DATE: (CONTRACTOR)_ By: (Signature) (Title) Attest: BY: (Signature) (Title) CERTMCA71ON Wn" REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPOR'iLNM CLAUSE AND 71HE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor , hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10425,11114, or 11246, and that he has __., has not , Med with the Joint Re- porting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. BY Date: (Company) (Title) NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)); and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from theequal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 31 CONTRACTORS NOTIFICATION OF SUBCONTRACTORS AWARDED )NTRACT NUMBER: PROJECT AREA: 11OJECT TITLE: DATE: EXHIBIT 10 SUBCONTRACTORS NAME ADDRESS, AND TELEPHONE NUMBER EMPLOYER IDENTIFICATION NUMBER CONTRACT AMOUNT ESTIMATED DATES CRAFTS TO BE USED STARTING COMPLETION M OTE: INFORMATION TO BE PROVIDED BY CONTRACTOR WITHIN 10 WORKING DAYS OF AWARD OF ANY CONTRACT. WITH REFERENCE TO SUBCONTRACTORS, INFORMATION TO BE PROVIDED FOR ALL SUBCONTRACTORS REGARDLESS. G/IIUHCONT.1 NOT • • • ubcontractor or lower tier subcontractor has beentified in The undersigned hereby certifies that eachss writing of his equal opportunity obligations. Name and Title Signature Contractor Contractor's Address Telephone Number Employee Identification Number M M To: NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY Project Number and Title Name of Labor Union, porker's Representative, etc. Address The undersigned currently holds a contract with the involving Community Development Block Grant funds from the U.S. Department of Housing and Urban Development or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Executive Order 11246, the undersigned is obliged not to discriminate against any employee or applicant for -employment because of race, color, religion, sex, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: HIRING, PLACEMENT, UPGRADING, TRANSFER, OR DEMOTION; RECRUITMENT, ADVERTISING, OR SOLICITATION FOR EMPLOY- MENT; TREATMENT DURING EMPLOYMENT; RATES OF PAY OR OTHER FORMS OF COMPENSATION; SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP; LAYOFF OR TERMINATION. This notice is furnished you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspic- uous places available to employees or applicants for employment., Name of Contractor Address Signature and Title Date 34 1`301 I HI T 12 U. S. DEPARTMENT OF LABOR MONTHLY EMPLOYMENT CnYEnE IANFAIMSAI FAi 1 Cum INI GOA15 Employment Standards Administration, OFCCP I UTILIZATION REPORT MINORITY: — FROM: ... Thn report i+ rpukd by Eaecutiva Ord., 112 6, Sac. 203. Failure to report Can raw t m W ntractf ung 1 EMPI OVERS 1 U. NO. nncNlad, tarmnuled or suspended in whole or in pan and the contractor may be declared Ineligible for further Go re.nment contracts of fdwally wilted construclron contracts. FEMALE: TO: NAME AND LOCATION OF CONTRACTOR F ERI RAI FUNOINI, Alii Nt:Y 6. 6. WORK HOURS OF EMPLOYMENT (Federal b Non -Federal) g. io. 6a. 6b. 6c. 6d. 6e. 7. B. TOTAL TOTAL TOTAL ALL BLACK ASIAN OR AMERICAN NUMBER O CONSTRUCTION EMPLOYEES (Not of HISPANIC PACIFIC INDIAN NUMBER OF MINORIT'I TRADE Classifications OR MINORITY FEMALE EMPLOYEES BY TRADE Hispanic Origin) ISLANDERSEMPLOYEE ALASKAN PERCENTAGE PERCENTAGE NATIVE M 1 F M F —_ M F M F M F M F M F Jour neY worker — APPIjfNTICE j TRAINEE Journey worker I APPRENTICE ! TRAINEE SUBTOTAL ,) , ,i }h iiY1° ^Ij a i of Journey worker j APPRENTICE TRAINEE l '44 ;k I 1 SUB -TOTAL �•' ; .r` .lt:i ):• .gyp 'r [..'.. - Journey worker _-- APPRENTICE l I i TRAINEE , SUBTOTAL I 1 "yl•',(�. i r .f'> ` f' 1.. ' Journey workar i • APPRENTICE 1 TRAINEE j )„ y1�. SUBTOTAL ''f" •,: .'i/� iter. ri ,Crk tH�a'.'y: f :i i, , it ,d 1. �( r: i.:) 7•'1),.111;`. —__ '. �. fir, i'7 r t f,i t. er j r ra.. tl!f', r• . !. TOTAL JOURNEY WORKERS • � I i TOTAL APPRENTICES TOTALTRAINFES g T 1�' t /' 1.. J)\�+r Ftfpy A �.. t ry v++ r • �i,r GRAND TOTAL_ ) k� fi 1�>C'."m p •.•a.r 7• t, 1; i ' " i y 11. COMPANY OFFICIAL'S SIGNATURE AND TITLE 12. TELEPHONE, NUMBER (include eree ..del rl.A�E" SIGNED PARE r • • OF— _i INSTRUCTIONS FOR FILING MONTHLY EMPLOYMENT UTILIZATION REPORT (CC -257) The Monthly Utilization Report is to be completed by each subject contractor (both prime and sub) and signed by a • responsible official of the company. The reports are to be filed by the 5th day of each month during the term of the contract, and they shall include the total work -hours for each employee classification in each trade in the covered area for the monthly reporting period. The prime contractor shall submit a report for its aggregate work force and collect and submit reports for each subcontractor's aggregate work fora to the Federal compliance agency that has Executive Order 11246 responsibility. (Additional copies of this form may be obtained from the U.S. Department of Labor, Employment Standards Administration, OFCCp's regional office for your area.) Compliance Agency................................US. Government agency assigned responsibility for epwt employ. merit opportunity. (Secure this information from the contracting officer.) Federal Funding Agency ..... , . ..................... m.US. Government agency funding project fin whole or in part). If more than one agency, list all. Contractor ...... Any contractor who has a construction contract with the U.S. Gov- ernment or a Contract funded in whole or in part with Federal funds. A nonty .. , , , .....Includes Blacks, Hispanics, American Indians, Alaskan Natives, and Asian and Pacific Istenders—both men and women. 1. Covered Area ............. . . ..... . ........ . . . . .Geographic area identified in Notice required under 41 CFR 60.4.2. 2. Employer's Identification Number ...... ..............Federal Social Security Number used on Employer's (Quarterly Fed. eral Tax Paturn IU.S. Treasury Department Form 941). 3. Current Goals (Minority & Female) .... ... , See contract Notification. 4. Reporting Period ..... , .• .........................Monthly, or as directed by the compliancenn. agency, beyi rep with. the effective date of the contract. S. Construction Trade ... , , _ .. _ .... , . ,Only those construction crafts which contractor employs in the covered area. 6. Work -Hours of Employment la.*l .. , . _ . , . , _ . , , ,a, The total number of mak hours and the total number of ferMM hours worked by employees in each classification. b. -e. The total number of mak hours and the total number of female hours worked by each specified group of minority employees in each classification. Classifhca;.on ... . . . ................. . .... ...The level Of accomplishment Of status of the worker in the trade (JOurnty Worker, Apprentice, Trainee) 7 Minority Percentage ....The percents" of total minority work -hours of all work -hours (the sum of Columns 6b. 6c, Bid, and 6e divided by column 6a; just one figure for each construction trade). 8. Female Percentage . ..... ....For each trade the number reported in 63. F divided by the sum of me numbers reported in 6a. M and F. 9. Total Number of Employees ..... .....Total number of mak and total number of fernak employees work- ing in each classification of each trade to the contractor's aggregate work fora during reporting period. 10. Total Number of Minority Employees .......... ......Total number of mak minority employees and total number of female minority employees working in each classification in each trade in the contractor's aggregate work force during reporting • Period. 36 FDUTI ili T 13 INSTRU(:77CNSx Attach to first CC -257 submitte& u� lce only if work is complero or ae�r contracts have been rooel%V& Contractoes Name Hid Condition Area lea Angeles _ Address XMIMrr 14 ° ` mpr w n or ww PAYROLL "— ft-� .w.....ow w..+..� (for C..lradw'. Oplwd Um SM A.i.wAl Fwm W" -MY irL) w. w can..no. a n+uoownuc n. •.n�a• • • m wi • na .aa�.. ...-W rm "m � del W .....,.. A NI My rw M.. : wu.s .e..o Lot. r, M M.•w MM. (II [DM 1 V11 «.W«M. W prwl•rA.1 NM •u.... w pr.M prIDD w .l If _ .� I.I.•M «I..1•.r M W Y.I.II .M rw /r W % .MI/ •K/•• ..•MD, 111.1 I1..•D.M MMI W he r.Ml. -0- -- y •^r p l w 0.0 M Mwww kw by IM/. r _ irw01. M r•..•s«II MM• W M .y.. w.••D y ." V—..k MMI Mo. M•A14.0.• .rIN11M. w "&.d r ftft.i..I . /.II l M GI11 SW.A. A). M..r N W 1onMDry M UW .." W G•.MM M w «wr IY H.t W. W UM Ift )1 280 YI: M MM. 397. M/ Y i4 Mk w «.y/ Mlwr W 10 IMM.Ir n... a... r. ..D •. r... In .N.aprl• Ycr«w• M w I..W M .r•. �I•W.f••....a.A ...«M w L11.n .I.1 M1w 4.1 WHI24 (/1:NG9 IIN111136 MI IAM IN CASH rl —(.ID Ytv« « D.KII«II{ •.M... IM .Mr rM•rM[N p.wD Aw Mr pr, .. WKNM w 11.. pr./ .w r.wM .M M.. ww IM Yrw M w /DDDI•M. y. Dw.y N....•I• /II.. w .IrI.•M M W r•.rIDD N'11M MMM. w 6.lr r M I �� ••IM .1 MW r Swrrn 1111 D.Iw. w1 otlnaNs pl /11M .w. p...11. aM..IM wUr 11r rMwM wN«M M M .IIMDYI 4 W NI... prW M t.w•n .no .«w.Ml.. IW N. Kr. rMw M MWD. « IL1.4...e..•.1..rD w.DM .014.W .... ,«I...11.1.1.. M "-0 Iw«rr•Yw --Pw W w.ol D.4111.1 IM tl..• MMr....11«M SM." OW .oq 1.br« « IIIKho k •MMM MII W ..r.• ti plMrw... Ill nM ..r .N..nIKw •I.WY.D .,www• WI.1. w •.A' •M.I«r r • M.. w yY•.IIILMIMD YIMM I..IN..r rN'. Yr ..YMK.iM� opwry I•./rMlr y W 1..1.•. i M ..r...11K..Dy w Ir.•n.n( Y.wll• 14N. D�«W11. •/ NMr, �. M w .r. r«.KIKI.• .D..IIf - M.M. r . fIM• .,..rK1•I.• w11. M. �b.•w « AAI•wI.IDwI� w /..Mly, IIw11..1 SI.Ir O."A 1 (•) fMl•l [11111G1 NIN[nn AM P*JD TO AFFNWID F Ms, FLOODS..04 MIDGIIAM{ �M .YW M IM M.I[ O Uwrlr r.M• IM.• M .M6 Y M- rw n•l..-u u or . . w r.. ..... 1...•ru.l. r . w.il�i ur~ .•(1 (�nb. Ml Yl'KK ....I •'. ••,1 ~IIID .4 ..I.l .+ IM w.r...1.....r Dw•«1, prow• M 1^^I• MMr.n w Wr + w f.,% �� .�. •I. rl,ll II Jr • •i'i I:', u0 To: Project Number and Title Name of Labor Onion or Worker's Representative Address The undersigned currently holds a contract with the involving Community Development Block Grant funds from the U.S. Department of Housing and Urban Develop- ment or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract and in accordance with Section 3 of the Housing and Urban Development Act of 1968, the undersigned is obliged, to the greatest extent feasible, to give opportunities for employment and training to lower income persons residing within the city where the project is located, and to award contracts for work on the project to business concerns which are located in or are owned in substan- tial part by persons residing in the city. This notice is furnished you pursuant to the provisions of the above contract or subcontract and Section 3 of the Housing and Urban Development Act of 1968. A copy of this notice will be posted by the undersigned in a conspicuous place available to employees or applicants for employ- ment. Signature Title Name of Contractor Address Date 40 oamAC , S SErmw 3 AFFIRMATIVE ACTICN PLAN Project Nunber an Title The undersigned contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the City of 1. Take affirmative action to ensure that employees or applicants for em- ployment or training are not discriminated against because of race, color, religion, sex, or national origin. 2. Send a notice of the contractor's Section 3 cannitment to each labor organization or representative of workers, and post a copy of the notice at a conspicuous place available to employees and applicants for employ- ment or training. 3. To the greatest extent feasible, make a good faith effort to recruit for enplayment or training lower inane residents from the city, and to award contracts to business concerns which are located in or owned in sub- stantial part by persons residing in the city through use of: Local ad- vertising media, signs placed at the project site, and notification to oo minty organizations and public or private institutions operating within or serving the project area such as Service Faployrment and Redevelopment (Sgt). Cpportunities Industrialization Center (CIC), Urban League, Concen- trated Enplcyment Program, U.S. &plcyment Service, Chamber of Cmuerce, labor unions, trade associations, and business concerns. 4. Maintain a file of all low inoome area residents who applied for em- plcyrment or training either on their own or on referral frau any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the city who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memranda, etc., which document that affirmative action steps have been taken. 7. Incorporate the Section 3 Clause proviiicns in all subcontracts, and require subcontractors to submit a Section 3 Affirmative Action Plan. 8. List project work force needs for the project by occupation, trade, skill level, and number of positions on the attached form. 9. List information related to subcontracts to be awarded on the attached form. Canpany Name Address 41 Signature Title EXHIBi- i CERTIFICATION REGARDING•LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Name and Title Agency/Company 42 DECLARATION OF BIDDER'S QUALIFICATION The bidder shall furnish the following information: (Additional sheets may be attached if necessary.) (1) Address: (2) Telephone: (3) Contractor's License: State License No. (4) Type of Firm:* Individual Partnership Corporation Corporation chartered under laws of the State of (5) Number of years as a Contractor in construction work of this type: . (6) Three projects of this type recently completed: Contract Type of Date Owner's Name Amount Project Completed And Address (7) Person who inspected site of the proposed work for your firm: Name: Date of Inspection: * If an individual, so state. If a firm or co -partnership, state the firm name, and give the names and addresses of all individuals, co-partners, composing the firm. If a corporation, state the legal name of the corporation, also names of the President, Secretary, Manager and Treasurer thereof, with their business addresses. NOTE: If requested by the Owner, the bidder shall furnish a notarized financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. 43 GENERAL PROVISIONS 1. GENERAL CONDITIONS All work shall be done in accordance with the Caltrans New Standard Plans NSP A88 and A89 for Curb Ramp Details, Standard Specifications for Public Works Construction (1991 Edition and all subsequent supplements), hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. 2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS Section 2. Scope and Control of Work. Section 2-1 Award and Execution of Contract is amended by the following• (a) Examination of Plans Specifications. Special Provisions, and Site of Work: The bidder is required to examine carefully the sites and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the Contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) Proposal Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21660 E. Copley Dr., Suite 100, Diamond Bar, CA. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal is made by individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. (c) Rejection of Proposals Containing Alterations. Erasures or Irregularities: Proposals may be rejected if they show any alterations of form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. 44 (d) Bidder's Guarantee: All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of not less than ten (10%) of the amount named in said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check or bidder's bond is enclosed therewith. (e) Return of Bidder's Guarantees: Proposal guarantees will be held until the Contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice to Bidders, Proposal, bonds, instruction to bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the Contract by reference. A Corporation to which an award is made will be required, before the Contract is finally executed, to furnish evidence of its corporate existence and evidence that the officer signing the Contract and bonds for the corporation is duly authorized to do so. Subsection 2-5.1. Plans and S ecifications-General is amended by the addition of the followin An addendum to these specifications may be issued by the City Engineer at any time prior to the bid opening. Section 5. Utilities. This section is modified by addition of the following subsections. Subsection 5-1. Location This section is amended by addition of the following: UtilityOwner and Public Aq-,ncy Identifications. Utility owners and Public Agencies who may have facilities or interests which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. RC 3680 G Pomona, CA 91766 (909) 865-3327 waste Management of San Gabriel Pomona valley 13940 E. Live Oak Baldwin Park, CA 91706 (818) 599-1274 45 Western Waste 13793 Redwood Avenue Chino, CA 91710 (909) 591-1718 Southern California Edison Company 800 West Cienega San Dimas, CA 91773 (909) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, CA 91789 (909) 595-7554 Los Angeles County Department of Public Works Sewer Maintenance (818) 458-7117 Los Angeles County Department of Public Works Road Maintenance (818) 458-3981 Southern California Gas Company Distribution Department (909) 592-1799 Jones Intercable Walnut Valley 20965 Lycoming Walnut, CA 91789 (909) 594-2729 Los Angeles County Sheriff's Department (909) 595-2264 Los Angeles County Fire Department (909) 861-5995 Each of the above listed utility companies and agencies shall be notified in writing (copy to City) of the project. They shall be invited to a pre -construction meeting and provide a work schedule. Subsection 5-2. Protection. Prior to starting any work, the Contractor shall arrange to have the work site investigated by Underground Service Alert (USA), and all existing underground utilities located. The Contractor is hereby alerted to the existence of utility lines. The Contractor shall carefully protect all lines during the course of construction. Section 6. (blank 46 His Work. Labor Discrimination. No discrimination shall be made in . the employment of such the race, color, or such ersons upon public works because of r contractofor religion of such persons and every subject to all Public works violating this section is Penalties imposed for a violation of Chapter it or Part PI accordance with the ' Division 2 of the Labor Code in provisions of Section 1735 thereof. Subsection 7-3.1. Contractors Reference is made to Section 6 Res onsibilit for Work. Specifications and these General Provis8 Of ilons. Excd p t as provided above, until the formal acceptance ofEthe work by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other case, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, and make good all any portion of the work occasioned bn�any o or damages to causes before final acceptance and shall bearthe theabove expense thereof, except such injuries or damages occasioned b Of the Federal Government or the public enemy. y acts Ll_L _ _ . -1u.1 Traffic addition of the followin : supThe Contractor shall furnish all flagmen and guards and ply and dsinstall all signs,ili lights, and g flares, barricade expedite the s which are necessary to work or to passage i public traffic through or around the prevent accidents or damage or injury to the Public or to give adequate warning to the dangerous conditions to be encountered, public of any "Manual of Traffic Controls" shall be trans control on this project. pa included in other items of worknandonotses work shall be be made, separate payment will Section'9. Measurement and Pa ent. 47 Subsection 9-3 is modified by addition of the following paragraphs• The Contractor agrees that the payment of the amount under the Contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work performed under the Contract or any alterations thereof. Progress Payments. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the Contract, nor shall it in any way govern the final estimate. Final Payments. After the completion of the Contract, the City Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall pay to the Contractor an amount which, when added to the payments previously made and deductions allowable to the City, will equal ninety percent (90%) of the Contract price. Thereafter the balance of the Contract price remaining unpaid shall be paid 35 calendar days after the recording of a Notice of Completion by the City. The payment of the final amount due under the Contract and the adjustment and payment for any work done in accordance with any alterations of the same shall release the City from any and all claims on account of the work performed under the Contract or any alterations thereof. Guarantee. The Contractor agrees for a period of one year, commencing with the Final Notice of Completion, to correct without additional charge to the City, and defects in the work performed, or in the materials furnished, by the Contractor and/or manufacturer, jointly. 48 SPECIAL PROVISIONS FOR CONSTRUCTION\MODIFICATION OF HANDICAP ACCESS RAM PS IN THE CITY OF DIAMOND BAR 49 The technical provisions are contained in the 1992 Edition of the Standard Specifications of the State of California, Department of Transportation. The Standard Specifications set forth herewith will control the construction material and construction methods for this Contract, except as amended by the plans, special provisions or other contract documents. The following special provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted. only those sections requiring elaborations, amendments, specifying of options or additions are called out. 50 SPECIAL PROVISIONS FOR CONSTRUCTION\MODIFICATION OF HANDICAP ACCESS RAMPS IN CITY OF DIAMOND BAR ADDENDA The City Engineer may, without City Council approval, issue addenda to the Contract Documents during the period of advertising for bids for the purpose of: (a) revising prevailing wage scales or (b) clarifying or correcting Special Provisions, Plans or B id Proposal; provided that any such addenda does not change the original scope and intent of the project. Purchasers of Contract Documents will be notified and furnished copl es of such addenda, either by certified mail or personal delivery, during the period of advertising. TIME LIMIT AND NOTICE TO PROCEED All work shall be completed within fifteen (15) working days. A move -in period of 10 calendar days will be allowed starting on the date in the Notice to Proceed. The counting of working days shall start on the date the Contractor elects to start work or the last day of the move -in period, whichever occurs first. The Contractor shall utilize the move -in period to ensure that all materials required for the project will be available for the scheduled work. No additional working days will be allowed for material delay once the Contractor commences work. The Contractor shall notify the City Engineer at least seven (7) calendar days prior to the start of work. Nothing in this section will relieve the Contractor of its obligations relative to starting work as required elsewhere in these specifications. CONTRACTOR'S INDUSTRIAL SAFETY RECORD All bidders will be required to submit information as to their industrial safety record on the form provided in the B id Proposal. A review of this safety record will be made prior to a determination of the lowest responsible bidder, and any adverse finding as to the bidder's safety record or any bid submitted which does not contain the Contractor's Industrial Safety Record, filled out and signed by the Contractor, may be sufficient cause for rejection of the bid. CONSTRUCTION SCHEDULE The Contractor shall submit a written proposed construction schedule to the City Engineer seven (7) calendar days prior to the start of work. The schedule shall list all necessary preparatory work, vegetation removal and street cleaning. Such schedule shall be subject to the review and approval of the City Engineer. No work shall be done until the Engineer and the Contractor have agreed to the schedule to be followed by the Contractor. 51 WITHHELD CONTRACT FUNDS Pursuant to Section 4590 of the Government Code, the Contractor at his own expense may deposit securities pledged in favor of the Agency with a state or federally chartered bank as the escrow agent. The acceptable securities are those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. The amount of securities to be deposited shall be equivalent to the maximum amount permitted to be withheld as specified in Subsection 9-3.2 of the Standard Specifications. Formal acceptance of the project by the Agency terminates the Agency's interest in the securities. PUBLIC CONVENIENCE AND SAFETY The Contractor shall maintain access to all adjacent properties. Furthermore this Subsection is amended and supplemented by the following paragraphs: DETOUR I n no case shall traffic be diverted from the existing traveled way without prior approval of the City Engineer. TRAFFIC FLOW I n order to facilitate the flow of traffic during the contractual period, the Agency reserves the right to extend the limits of the project to include any areas where signing and delineating is deemed necessary by the City Engineer. Full compensation for complying with the above requirements shall be considered as included in the various items of work unless otherwise specified above. SANITARY CONVENT ENCE Necessary sanitary facilities for the use of workman on the job shall be provided and maintained in an approved manner by the Contractor, properly secluded from public observation and in compliance with health ordinances and laws, and their use shall be strictly enforced by the Contractor. 52 STORAGE SITE It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved in advance by the City Engineer. CLEANING During the progress of work and upon completion of each part of the work as defined by the sections of these specifications, the Contractor shall remove excess materials, waste, rubbish and debris, and his construction and installation equipment from the premises. Any dirt and stains caused by the work under the Contract shall be removed from the surfaces of the structure and from equipment and fixtures. Final acceptance of the work done under these specifications will not be given until the cleaning has been inspected and approved by the City Engineer. PRE -CONSTRUCTION MEETING The Contractor shall arrange a pre -construction meeting with the City Engineer, L.A. County's Affirmative Action Office and representatives from utility companies which shall be held a minimum of ten (10) calendar days prior to commencement of any work. California Code Section 20104 - Requirements and Procedures 20104. Application of article; inclusion of article in plans and specifications. seventy-five thousand article 'll dollars($375,000.00)or less public works claims of s which arse betweenaundyed a local agency, contractor and (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money of damages arising from work done by or on behalf of the Contractor pursuant to the Contract for a public work and payment of which is not expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. 53 (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. Claims; Requirements For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000.00), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000.00) and less than or equal to three hundred seventy-five thousand dollars ($375,000.00), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. 54 (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time not greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) I f the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 day of receipt of the local agency's response or within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) I f following the meet and confer conference, the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meed and confer conference. 20104.4. Procedures for civil actions filed to resolve claims The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, bu or responsive pleading, the court mediation unless waived by mute process shall provide for the sele disinterested third person as mei the submittal, and shall be concl no earlier than 30 days, following the filing shall submit the matter to non-binding al stipulation of both parties. The mediation ;tion within 15 days by both parties of a iator, shall be commenced within 30 days of ided upon good cause showing to the court. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedures, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 [commencing with Section 20 16] of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. 55 (2) In addition to Chapter 2.5 (commencing with Section 1411.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgement shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party. 20104.6. Payment by local agency of undisputed portion of claim; interest on arbitration award or judgement (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as other wise provided in the contract. (b) I n any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award of judgement. The interest shall begin to accrue on the date the suit is filed in a court of law. 20104.8. Duration of article; application of article to contacts between January 1, 1991 and January 1, 1994 (a) This article shall remain in effect only until January 1, 1994, and as of that date is repealed, unless a later en acted statute, which is enacted before January 1, 1994, deletes or extends that date. (b) As stated in subdivision (c) of section 20104, any contract entered into between January 1, 1991, and January 1, 1994, which is subject to this article shall be incorporated this article. To that end, these contracts shall be subject to this article even if the article is repealed pursuant to subdivision (a)• CITY EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROVISIONS 1. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY The following provisions pertaining to equal employment opportunity are incorporated into this Contract. I n connection with performance of work under this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, sex, religion, ancestry or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to race, color, sex, religion, ancestry or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, 56 demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship where applicable. b. In all advertisements for labor or other personnel, or requests for employment of any nature, the Contractor shall state that all qualified applicants will receive consideration for employment of any nature, the Contractor shall state all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, ancestry or national origin. C. I n all hiring, the Contractor shall make every effort to hire qualified workers from all races and ethnic groups. d. The Contractor shall be responsible for the compilation of records of the ethnic distribution of the entire project work force on forms furnished by the Agency. Said forms, indicating the ethnic distribution of man-hours of work within the various crafts and trades, shall be filed by the Contractor with the Agency every 30 days. e. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to. be provided by the Agency, advising the said labor union or worker's representative of the Contractor's commitments under this section. The Contractor shall maintain and permit access by the Agency to records of employment, employment advertisements, application forms and other pertinent data and records of the Contractor's own work force and that of the various subcontractors on the project for the purpose of investigation to ascertain compliance with this EEO section. g. Within 10 days after execution of the Contract by the Agency, the Contractor shall meet the following standards for affirmative compliance and shall ensure that each subcontractor on the project will meet these requirements within ten (10) days after receiving a notice to proceed from the Contractor, unless the Agency provides for a greater time period: (1) File with the Agency an Affirmative Action Plan indicating the steps it will take to encourage and assist qualified members of minority groups. Such affirmative action will include statements regarding recruitment, employment, compensation, promotion or demotion, and selection for training. 57 (2) Provide evidence as required by the Agency, that it has notified in writing all subcontractors, the Contractor's supervisors and other personnel officers of the content of this EEO section and their responsibilities under it. (3) Provide evidence, as required by the Agency, that it has notified in writing all sources of employee referrals (including, but not limited to, unions, employment agencies and the State Department of Employment Development) of the content of this EEO section. (4) Notify the Agency in writing of any opposition to this EEO section by individuals, firms, unions or organizations. h. I f the Agency has reason to believe that the Contractor or a subcontractor may have that the Contractor or a Section of this Contract or of the California Fair Employment Practice Act or of any applicable Federal law concerning equal employment practices on this project, the Agency will cause written notice to be served on the Contractor or its representative, and to any subcontractor involved in such violation. The notice shall set forth the nature of the violation. Upon the Agency's request, the Contractor shall meet with representatives of the Agency in order to determine the means of correcting the violation and the time period within which the violation shall be corrected. I f, within 10 days, the Contractor or subcontractor has failed or refused to remedy the violation, the Agency may notify the Fair Employment Practices Commission and pursue any other remedies which may be available under the law. L The Contractor shall include the provisions of the foregoing paragraphs 1a through 1h in every first tier subcontract and require each subcontractor to bind each further subcontractor with whom it has a contract to such provisoes, so that such provisions will be binding upon each subcontractor who performs any of the work required by the Contract. 2. ANTI -DISCRIMINATION a. The Contractor certifies and agrees that all persons employed by the Contractor, its affiliates, subsidiaries or holding companies are and will be treated equally by the Contractor without regard to or because of race, color, sex, religion, ancestry or national origin and in compliance with State and Federal anti- discrimination laws. The Contractor further certifies and agrees that it will deal with its subcontractors, bidders and vendors without regard to or because of race, color, sex, religion, ancestry 58 or national origin. The Contractor agrees to allow access to its employment records during regular business hours to verify compliance with the foregoing.provisions when so requested by the City. b. The Contractor specifically recognizes and agrees that if the City finds that any of the foregoing provisions have been violated, the same shall constitute a material breach of Contract upon which the City may determine to cancel, terminate or suspend the Contract. W hile the City reserves the right to determine individually that the anti -discrimination provisions of the Contract have been violated, in addition a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission that the Contractor has violated State or Federal anti -discrimination laws shall constitute a finding by the City that the Contractor has violated the anti- discrimination provisions of the Contract. c. At its option, and in lieu of canceling, terminating or suspending the Contract, the City may impose damages for any violation of the anti -discrimination provisions of this section, in the amount of $200 for each violation found and determined. The City and the Contractor specifically agree that the aforesaid amount shall be imposed as liquidated damages, and not as a forfeiture or penalty. I t is further specifically agreed that the aforesaid amount is presumed to be the amount of damages sustained by reason of any such violation, because, from the circumstances and the nature of the violation, it is impracticable and extremely difficult to fix actual damages. 59 APPENDIX A STANDARD DRAWINGS R STD. PLAN NSP ASS c„$ �a•� o• bfi� �p�o�a E- F " �fio�'b b°��'��s�8� 3`Et ?5 � Z W •-xo (q N a a3,; a gig- Eg f gags; a �r�8 �,• .fig` �_ C a z W g E.s�� ;i s�.► :`� ��S °�. u• ����k«� �•:`g gag :- �e : > > t- :qE !: �bg2 S55 mat ogf �� g•a� n;oEs'sb- V • g e� €�� Fk� �e.; goy- g=�.aa� a jc o Ea$Eb.SFas $h�� s : E_ a `�o•,g`�s'f g`g rl�� i e LLI g 005 8� ZS95LLJ �_ Y LL td V s� Qe :u ^ 5 6 1 E UIt i• `�p.SfO E � � x Oa W . < V) U s ab 0 0 =`I z z uin .► I F •en xz Tv VI c v, o g of o ' a x eo o ID sF C -ss sass V—ng wtell I Curb CASE 3 1 s.a Mote I aG rnnD-� � / S•• HDt. S / Sea / Gw.Itq wfa. f Cr .... oA L I/ /1 A I S.. Mere I Kc . —oo, Gvp CASE1 ar ..77x ua [.. xnlP i �a"ardn (1 y S•• wt. 7 V Ir—So'MD.rDD Croarvah A I p" I I .0 ramp of I.3m ue. KC .le..ak are GAC,E AC ren0 "—In _ �S.• Mere 1 SFCTION A -A SrelE a C«J.CADI. ouml..T 0 I.—W. CURB RAMP DETAILS NO.2 NO SCALE r..vax+er p•x ar.f PGG 31/j" Min ihlckn•.. <FCTION O -B Nom I. aC ramp aW .bp.. .NDI e• D of M 2. x" baM «w. w eJ11" NnY... inlGtwu .1.« pID.• Plp• .naY co tcotlx. fD rtoht• e1 c all. w p•.«w to ento .le. «w•. Apprp.l.ar«y. �" 7. c—.l. MO far Co. 7 ona— a ,ra p-.. M.— —1Oc. 1-1. r—n., t non iw—,.MnorfD .le..-. ' . ,;�.: ".. \ :'. • 4 UtlPty Du• pex-l.OMWS--'-, oM e101n.r of iM alp I • : �.I� • •. flery fwtl,IM rI1Nn Me CworN. uw silo .� w reboet•e of *~* prw to. ar b GROOVING DETAIL cmi�.laflen rlM alp resp --11— ar ..77x ua [.. xnlP i �a"ardn (1 y S•• wt. 7 V Ir—So'MD.rDD Croarvah A I p" I I .0 ramp of I.3m ue. KC .le..ak are GAC,E AC ren0 "—In _ �S.• Mere 1 SFCTION A -A SrelE a C«J.CADI. ouml..T 0 I.—W. CURB RAMP DETAILS NO.2 NO SCALE APPENDIX B LIST OF WHEELCHAIR RAMPS DIAMOND BAR BLVD. NEW EXISTING SUB AT RAMP RAMP TOTAL S/W LOCATION MODIFICATION Steep Canyon Road 1. Eastbound SR -60 On S/E -0- 2 Ramps N/E -0- 1 2. Golden Springs Drive -0- 4 4 3. Tin Drive -0- N/W 2 Diamond Creek Village S/W 4. Steep Canyon Road -0- S/E 1 5. Clear Creek Canyon N/E -0- 1 Drive S/E 11. 6. Mountain Laurel Way. -0- N/W 2 S/E S/W 12. 7. Silver Hawk Drive N/W -0- 1 8. .Brea Canyon Road 4 -0- 4 SUBTOTAL 17 GOLDEN SPRINGS DRIVE AT NEW RAMP LOCATION EXISTING RAMP MODIFICATION SUB TOTAL 9. Diamond Creek Village Drive approaches 4 -0- 4 10. Gateway Center Drive -0- N/E 2 S/E 11. Copley Drive -0- N/E 2 S/E 12. Prospector Road S/W N/W 2 13. Rancheria Road N/E -0- 2 S/E 14. San Leandro Drive S/W -0- 2 S/E C:\YP60\JOYCE\YHEELCH_RMP 15. Ballena Drive 4 A AT RAMP 16. Carpio Drive N/E -0- 2 19. Broken Arrow Drive N/E -0 S/E S/E 17. Sylvan Glen Road -0- E N/E S/E 2 18. Willow Creek Road N/W _p_ 2 S/W SUBTOTAL 24 FERNgLLOW DRIVE W EXISTING SUB - TOTAL A AT RAMP RAMP LOCATION MODIFICATION 19. Broken Arrow Drive N/E -0 2 S/E 20. Tambo Place N/W -0- 2 S/W SUBTOTAL 4 GRAND TOTAL OF 29 NEW RAMPS AND 16 RAMP MODIFICATIONS C.\YP60\JOYCE\WHEELCH_RMP 0 w \62�,ti F DIAMOND BAR BOULEVARD AT EASTBOUND SR -60 ON-RAMP NEW RAMPS P _ O VN Ilk =m ?3 o� .,N N. . 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N.T.S 2DIAMOND BAR 2' r; = H S i s° APPENDIX C COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS 1. FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREMENTS EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contrac- tor will take affirmative action to ensure that appli- cants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment -or recruitment adver- tising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided set- ting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the con- tractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or repre- sentative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commit- ments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Exe- cutive Order 11246 of September 24, 1965, and of the rules, requla :qng, and relevant ordQrs:of ache�Secretazy of Labor*--, _.- e. The contractor wtli furnish all nformatiea and reports required by 8xecutive'Qraer 11246 b -00� em? 2�. 1965, end by the rules,'Yeguli�tions,"and''brders o th+e Secre- .tart' of Labor: of pursuant thereto, end railpe�cmit ac cess to his bQoit%,' recdirdo, and accoiuttszIn a adminis- tering agency"end! the "Secretary of Labor for , 5urposes of investigatiop to _asbednp rtairi coliance vith'- such kules, regulations ,tnd 8rders 15C rEDERAL EQuA, gMPLOYMM OPPORTUNI'PY/ AppIRMATIVE ACTION RZQUIRffir WS f. in the event of the contractor's nonccMliance with the Of nondiscrimination clause of this contractor contract With may the said rules, regulations, or orders, in whole, or in part, be canceled, terminated, odeclared ineligible for further and the contractor may be government contracts or e with assisted construction edures authorized in contracts in accordance with p r 24, 1965, or by rule, Executive Order 11246 of Septembe of Labor. or as regulation, or order of the Secretary otherwise provided by law. aph g. The contractor will include the prov ionseof Paraunless through lg in evp la ery subcontract. or exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive will 11246 of September 24, 1965, so that such provisions be binding upon each subcontractor or vendor. Thecon- willwill take such action with respect toany may tract or purchase order as the aIchdmirovisions, including direct as a means of enforcing such p that in sanctions for noncompliance. Provided, however, the event a contraconrwb�h�e8contractorvolved ,orris vendorrasta ened with, litigate the administering agency, the result of such direction by contractor may request thei nitedts at theoUnited Statesuch litigation to protect the.Of 2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE eAC ION To *ENSURE EQUAL EMphOYMENT opPORTUNITY (Executive Or a. The Offeror's or Bidder's attention is sFcalledederal to the ~Equal Opportunity Clause and the al Employment Specifications" set forth herein. for minority and female partici- b. The goals and timetables -for the pation, expressed in percentage to on all constructionor's aggregate work force in e work in the covered area, are as follows: Goals for Minority Goals for Female Participation in Participation for Each Trade Timetables Each Trade 28.3% 6.9% -2- FEDERAL SWAL WVLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REWIRE4EMS These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non -federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by forth in 41 CFR Part 60-4.3La), the specifications set the goals. The hours of minority and its efforts to meet and female employment and training must be substantially ength of the contract and in uniform throughout the lractor shall make a good faith each trade, and the cont effort to employ minorities and women evenly on each of fer of minority or female its projects. The trans employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the con- tract, the Executive Order, and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any coder struction subcontract in excess of $10,000 at any for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the sucontractor; b employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this -notice, and in the contract resulting from this solicitation, the "covered area" is the ical ea of eles- Stand$each,.specifically d Metropolitan athe tCounty rLos e Lbng of Los Angeles, State of California. -3- FEDERAL EQUAL McLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREMENTS 3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246) . a. As used in these specifications: hical area des - (1) 'Covercribedeinathe"solicitatio efrompwhich this contract resulted; (2) "Director" means Director, Office of Federal Con- tract Compliance Prams, United States Department of Labor, or any personwhom gates authority; (3) "Employer identification number" means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Ret rn, United States Treasury Department 941. (4) "Minority" includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subconti- nent, or the Pacific Islands); and (d) American Indian or Alaskan Native. (all persons having origins in any of the original peoples .of North America and maintaining identifiable tribal affiliations through membership -and par ticipation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construc- tion trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. -4- lEDERAL EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREMENTS c. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (includ- ing goals and timetables) shall be in accordance with that Plan for those trades which have unions participat- ing in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcon- tractor participating in -an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcon- tractor's failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in Paragraphs 3g(1) through 3g(16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the con- tractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The con- tractor is expected to make substantially '.uniform progress in meeting its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agree- ment nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. -5- FEDERAL EQUAL+ MOLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIRffidENTS f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such ap- prentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the avail- ability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor. g. The contractor shalltake okspecific affirmative evaluation of ensure equal employmentopportunity. the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain a working environment free of harass- ment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all fore- men, superintendents, and other on-site supervisory per- sonnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to com- munity organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (3) 'Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the - street applicant and minority or female referral fron a union, a recruitment _source, or community.organization and of what action was taken with respect to each'such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. -6- FEDERAL EQDAL g,pyOYlsENi OTRUNITY/ AFFIRMATIVE ACTIOII REQU (4) provide menithe union ornunionsawith vhichethe Director whe agreement contractor has a collective bargaining has not referred to the teme tractor, orority person or woman sent by the con the contractwhen or has other information h at thecontractor's union referral process has impe efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities anewomen, ship including upgrading programs and app to the and trainee programs relevant those programsctor's employment needs, especially funded or approved by the Department of Labor. The the r shall sources crovide ompilednotice under 3g(2)eabove. gramss to to (6) Disseminate the contractor's EEO policy by pro- viding notice of the policy to unions and training Programs and requesting their cooperation in assisting the contractor in meeting its EEO and Obli including it in any policy gations, by publicizing it collective bargaining agreement; by ort, etc.; by in the company newspaper, annual rep specific review of the policy with all management personnel and.with all minority and female em postingnce a year; and the ployees at least0 on bulletin boardsaccessible company EEO policy to all employees at each location where construction work is performed. company's EEO (7) Review, at least annually, the compations under these policy anoications wd affirmative action obligations an respon- licy ith all employees having Y for hiring, assignment, layoff, termination sibility specific or other employment decisions including p review of these te1te General Forem nper- sonnel such as Superintendents, etc., prior to the initiatio of construction be work at any job site. A lace maintained identifying the time and p cord shall of these meetings, persons attending, subject mat- ter and ter discussed, and disposition of the subject matter. -7- FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE FICTION REQUIREMENTS (g) Disseminate the contractor's EEO policy exter- nally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notifi-. cation to and discussing the contractor's EEO Policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruit- ment and training organizations serving the con- tractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part b0-3. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female per- sonnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activi- ties to ensure that the EEO policy and the contrac- tor's obligations under these specifications are being carried out. -8- FZDERAL RMAL WeIgOYMENT OPPORTUNITY/ AFFIRMATIVE !ACTION REQUIREMENTS violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). J. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 1. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regula- tions, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. M. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirma- tive action steps, at least as extensive as those stan- dards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with.the requirements of the Executive Order, the implementing regulations, or these specifi- cations, the Director shall proceed in accordance with 41 CFR Part 60-4.8. n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification num- ber when assigned, social security number, race, sex, -10- rMEM s4Uu MaUnMENT OPPORTUNITY/ �1FF IRMIV ATE ACTION =a PS il prentice, trainee, helper, status te• 9•� meechanic, apes in status, hours worked or laborer. dates of chan9 ade, rate of pay. and loca- per week in the indicated tr performed- ReCords shall tions at which the work was erstandable and retriev- easily at existing records be maintained a an to the degree able form; however, contractors shall not be satisfy this requirement. required to maintain separate records. rovided shall be construed as a limita- o4 Nothing herein p lfca- n the application of other laws nh�e establish tion upon liance or uPo different standards fe a hiring of local or other tion of requirementsthose under the Public Works area residents Ce. 9•• unity Development Employment Act of 19 and the Comp► Block Grant 'Program) goals and P. The Director, from time to time, shall issue timetables for minority and female utilization = pch shall work force, ic shall be based on appropriaterformer in specific they relevant data and which actshpel cover construction or o applicable projects or construction 1strM►hich shall be app geographic areas. The g covered contractor's or to each construction trade in a shall n contractor's entire work force mme ablest shall in sub owls and shall the area covered c the g ister, published as no in the Federal Register, applicants, the contracting wired by 41 CFR 60-4.2. be inserted by a Notice Yeq construction as applicable, c thtion contractors,e performing Covered construhical areas where they do not have a Fed - work in geograP or federally assisted le goalstestablishedtforall the eral and female g performed apply the minority geographical area where the work is being con - S. For a federally assisted contract in excess of $10,000, the contractor/sub- 4. SPECIFIC EEO REQUIREME struction contractor shall: EEO certification forms to thceZti- a. Forward the following rity prior to contracCe award: tract awarding re ated Facilities an fication of Nonseg g opportunity Clause and with Regard to the Performanceu 1 Previous Contracts or wi Subject to the g Subcontracts S�juired Reports. the Filing of Req -11- FEDERAL EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION REQUIREMENTS b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance - Pro- grams, United States Department of Labor - ESA, 200 Constitution Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcon- tract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer.. identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract 'is to be -.performed. c. Send a notice of the contractor's commitment to equal employment opportunity to labor unions or representa tives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. e. For contracts in excess of $10,000, bind subcontractors to the Federal equal employment opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract. f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC -257) to the contract award- ing authority by the end of each work month. With the. initial monthly report, the contractor/subcontractor shall attach the Contractor's List of Federal and Non - Federal Work in Bid Condition Area to the monthly report. 5. CIVIL RIGHTS ACT OF 1964. Under Title VI -of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded.from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimina- tion under any program or activity funded in whole or in part with funds made available under this title. 12 TM Project or Program to which the construction work covered by this contract pertains N being assisted by the United States of America and the bnowing Federal labor Standards Provision% are Included In this Contract pursuant to the provisions applicable to such Federal assistance. A.1. W bOrk xn wages. AN laborers and mechanics employed or work - Ing upon the aft of the work (or under Via United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of To project), Will be paid unconditionally and not leas often than once a week end without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the 8ec1e4ary of Labor under the Copeland Ad (29 CFR Part 4 the full amount of wages and bona tide fringe benaNts (or cash equiralertb therwO due at time Of payment Computed at rats not fess than those contained in the wage determination of the Secretary of Labor which Is attached hereto and made a pert hereof, regardbss of any contractural relationship which may be shaged to exist between tits contractor and such laborers and mechanics. Contributions made or oosU reasonably anticipated for bona tide fringe benefits under Section 1(bXZ of the Davis -Bacon Acton behalf of laborers or mechanics aro con3kWW wages paid to such laborers or mechanics, subject to the provisioru of 29 CFRZ.5(aX1)(v); also, regular contributions made or costs incurred for more than a weekly period (but W loss often than quarterly) under plans, funds. or programs, which cover the particular we" period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and hinge benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(aX4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classifica- tion for the time actually worked therein: Provided. That the employers pay- roll records accurately set forth the time spent in each classification in which work is performed. The wage determination pncluding any additional classification and wage rates conformed under 29 CFR Part 5.5(aX1)(i7 and the Davis -Bacon poster (WH -1321) shall be posted at all times by the Con- tractor and its subcontractors at the site of the work in a prominent and accessiblq place where it can be easily seen by the workers. (N) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and hinge benefits therefore only when the following criteria have boon met (1) The work to be performed by the classification requested is not performed by a classification in the wage determination: and (2) The Classification is utilized in the area by the construction Industry: and (3) The proposed wage rate, including any bone fide fringe bene- fits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken Shan be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional ctassifi- cation action within 30 days of receipt and so advise HUD or its designee or win notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (e) in the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rata (including the amount designated for fringe benefits, where appropriate), Previata Edition Is Obsolete and Urban Development HUD or its designee shalt mfw this questions, Including the views of all Interested parties and the recommendation of HUD or Its designee, to the Administrator for determinstwrt_ The Administrator, or an authorized repre- sentative, wnl issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within to 30 -day period that additional time Is necessary. (Approved by the Office of Man- agement and Budget under OMB Ca(trd Number 1215-0140.) (d) The wage rate pncludug fringe bww is when appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under Mia con- tact from the first day on which work Is performed in the classification R Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which Is not expressed as an hourly rets, the contractor shall either pay the benefit as sated In the wage determination or *all pay another bona fide fringe benefit or an hourly cash equivalent thereof. N lf the contractor does not make payments to a trustee or other third person. the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of labor has found, upon the written request of the contractor, that Cts applicable standards of the Devis-Bacon Act have been mat The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2- Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject 10 Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may nue considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or . under the Housing Act of 1949 in the constvction or development of the project), all or part of the wages required by the contract HUD or its desig• nee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause Cne suspension of any further payment advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, dis- burse such amounts withheld for and on account of the contractor or sub- contractor to the respective employees to whom that' are due. The Comp- troller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. () Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her cor- rect classification, hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(bX2)(B) o1 the Davis -b; con Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of labor has found under 29 CFR 5S (aXT)(iv) that the wages of any taborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in Section 1(b)(2XB) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such HUD -4010 (2-84) (HB 1344.1) bcr;vlt% a enforceable. I'm to plan or program Ia bnanciasy r••corstdo, am tat the pier Or pno'9 w has bean OommurWxW h hr 16 10 the liborwIl or mecrAn Ca affeclsd &NJ* Ora whild N%M to OOsta ai,to• paled or rile actual Cost incur in prpgd" such benepa COrha'acWn employing apprenectra or f•sinees under apprOmiaid programa sta maintain wr,aen evidence Of he rages sea of apprenaosefrp pnCgramt MW cism. Cason of traines "MM the rewsrason of tie apprarhf Cast and tauteea. ono 1114 raaot and wage retia prescribed In tea epphCM% prorW 04)proved W thhe CRI00 Of M&"608"W" and Budget under OW corlra Numbers 1215-0140 and 1215.0017 j M (a) The COMO*Ckx shall submit weekly for 06M week in lefiiClh arty OOntracl wont a pe, IV I ed a Copy at all peroft ft MUD or b des" t the agency it a pent' to Rhe eoriWbut M M SW cy is not such a puny. Rte oorlaaClor wit submit tea pay rois 10 the appicW4 spOrtaF . Or ~kW a the tams may be. for tranamiasion b MUD or t1 daaipnaa The crumb submtIlsed Oral oat but occurs" and Oor pMlMy r d the Ydo , *Non r@QuwW o be Maintained under 29 CFR Pan S3(a)(3j(q This ifdormwtion may be submilted in any form desired. Optional Fam WH -347 i available for f.4 purpoea and may be perm hased !om nor S,garhl ndsm of Dow. -wft (Federal Sock Numbw 029-M-=14.11 Us GOverr Wil Prrrirhq Ottioe, Washinplon. DC. 204M The prune consactor is raaponsi lll for the submission of copies Of pays Cit by all supo mm raclorlt oppra,ed py to ON40 of Management end Budges +Arider We COrltrd Number 12154149j (b) Each payroll subm8lad shan be aeoomperiied by a -Stake, a of Compliance.' signed by 1M ecrhtrscfor or subaon6riedor or his or her agent who per & supervis« t» perneM Of the persons employed under time Contract and bailors Certify the following: (1) That tea payroll for tai parol period contains the information required to be maintained under 29 CFR Pan SS (aM3) i and that such information is correct and wnipiear (2) That each laborer or mechanic (including lath helper. aDprsntice, and trainee) employed On ate Conrad during the paron S has been paid the fun weekly wages banned. without rebatk eider directly Or ,ndirecby, and Out no deductions have been made wine direcey or indi- reClfy from tie full wages earned. Other than permrasable deducbont as set forth in 29 CFR Pan 3; (3) That each laborer or mechanic has been paid not leas ran the apdicable wage rases and fringe benefit or cash equrvafants for to tdas- srcaoon of work Wormed. as specified in to appli� we wage determine - bon incorporated into this contact (c) Tie weekty submission of a properly executed eerbfieaaon set 1Wyh On the reverse yds of Optional Form WM-347 !hall sabsy he requirement for submission of the -Statement of Complume'required by Paragraph A35o)(b) of this section. (d) The falsification of any of the above cerlif sbont may subjact tie Contractor or subcontractor to civil or criminal prosecution under Section 1001 OI Title 18 and Section 231 of Tine 31 of the United States Code, (iii) The contractor or subconuactor shall make tine records required under paragraph A 3.(.) of this secbon available lot inspecliorh, copying, or transcripbon by authorized repressnittives Of HUD or it designee or the Oeoartment of labor. and shall permit such reprseriftoves b interview, employees during working hours on is )ob. r the eontraebr or subcbn- tractor fails 10 submit the required records or to make Ober available. MUD Of is designee may, alter wrM*n notes to re coni sclor, sponsor. appl,- cant, or Owner, tike such acbOn as may be necessary 10 cause the sus- pens•on of any Ivrthen payment advance, or guarantee of funds. Further- more. failure to submit tie required records upon request Or to make such records avaikabje may be grounds for debarment actor pursuant to 29 CFR Pan 5.12. 4. m Apprentices and Tralnees. Apprentices. Apprentices will be per. mined to work at less than the predetermined ate for he work tfhey per. formed when hey are employed pursuant to and individually registered in a Dora hide apprenticeship Program registered with he U.S. Depanment Of Labor. Employment and Training Admin,atraton• bureau of Apprenticeship and Training, of wrth a State Apprenticeship Agency recognized by 74 Bureau. or rf a person is employed in his Or her first 90 days of probationary employment as an apprentice in such an apprenticeship pr•ngram• who is riot individually registered in rhe program. but who has been enOfied by the Bureau of Apprenticeship and Training or a State Apprensceship Agency (wrherb appropriate) b be eligible for probebonary employment as an app rrroa The rwwatye silo d wvmr4c" IC on iter loo ar in any craft ciamnkason shall not be 1,>eaea then IM Mao parmfto tO to Coto bm Y to M entre wok tofu under M repestered programs Any worker bow on a pwyrdf a an gap afros wage rasa, who snot regetered Or Oher0AM employed ore Mated abaft shat be paid rid teat than h applicable wage rale an the wage dassrmirhabon for the damfkaaon of wag Wbil*Y parbrtrhad in amdorI" any apprw*cs PlirlO ramp wort on M job db In eucaw ol.fte ra/o Pat ad under the regisla program OW be paid hot toss flan M appkabie wage no Ori the wage deaarrrti- nwtion br tw work atilaair peAorinad Where a con oraiMr is perlcrming r onslar ed, tion O III W aO b e ��1« ten f oflea in whid to p upafl+ tiir0i" rletae (axpraeeed In pert wisps. d to pv- fortan's booty awl speol led in M owtlracmes, or subconvel ws m"- leed program shellbs observed Every ap; I IIoe must be ped at rnot len tut M raft apselied In to r69isferad program for is eppreratya W-* d prognswfi wxp4 ore a 9 - I ga of the journeymen haxy raft tDatdMd in the appieabb wage delerittiniriorApprerMloae she be pard kinge bene ll in s000nlance woh M pl VA" d the i pprsnpcesh p progrtsrn'the apprarhliceship piopranh don not ap" binge benente apprwheeea nkat be paid iia fol arnourt d Irmp beneet Iis i d on the wilige determirietion fear fhb appGoaW dtsaN6caeom revs Adminansor determtrise that a dNaw prec ice pgvMs for M appicable apprenoce ctasbibcabV% Winges ahsl be paid In accordance with that determinator. Ir tea event tis Bunsau of Apprenacseftip and TnWrV4 or a Stals Apprert- ticeefrp AQGnC7r recognized by fill Wesu, wWaraws agpoval of an &Wwhaceefwp program. the ooneracsor will no bnger be pertnieed b volize apprenaow at leaf flan iia applicable predetermined rale for the work Deformed unal an accepabis program it approved, In Trainees. Except as provided in 29 CFR 5.16• i sinan will not be Permitted b work at tees tian tie predelan, rase for he work per. lormied unless they are employed pursuant b and individually registered in A program which has received prior approval, ev+dsnced by formal ce, 0 . carbon by tie US- Depertrnwrt Of Labor. Employment and Tram" Adnini- stration. The rano of ftnees b journ villin on the job oma shall not be grate huh permitted under hs plan approved by the Employment and Tri inirp Admineatratial, Every trairies moot be ped at riot less than the raba speciled in the approved program for the trainee's level of progress. expressed as a peresntaige of the jounrisyman hoary no specified ,n the applicable wage determination. Trainees shall be paid fringe benetmts in accordance with the prpvtaipne of the Wsinee program ff the tremae pro- gram does not mention lenge benefit, Waitress shall be pad the full amount of hinge bero it listed on the wage determihnaaon unless ins Administrator of tea wage and hour Division determine that there a an apprnbcsship Program associated with tie awresporhdirhg loumeyman wage rate On to wage deterrninsvion which prohrides for Ina than hAt fringe benefits for apprienlica , Any employee listed on the parol at a trainee rte who is riot registered said parecipaang in a dam" plan approved by the Employment and Training Administration than be paid. no - less than to applicable wage ate on the wage deberrrwabon for the work Wh,ally Wormeli in addition, any Wain" performing work On rhe lob yie in excess of the ratio permided under the registered Program shorn be pad riot less than she applicable wage rate On to wipe daWminetion for the work Actually perfortred, In the event tie Employment and Training Admin istrabon withdraws approval of a Warning progarn, he Contractor wis no longer be permitted to utilize trainees at Was than to applicable predeter- mined rate for the work Wormed until an acceptable program is approved. (Wj Equal bmploylim opporluniy. The utilization of apprentices. trainees and journeymen under his pan shall be in conformity wait, the equal empbynent opportunity requirements of Executve Order 11246, as amended. and 29 CFR Pan 30. S. Compliance wfth Cope&" Ad requirement, The contractor small comply with the requirements of 29 CFR Pan 3 which as incorporated by reference in his contract t Subcorhtrattb The contractor or subcontrsclor win insert in any sub- contracts he clauses contained in 29 CFR 5.5(aXt) through (10) and such Other clauses as MUD Or its designee may by appropriate insavctions require. and also a Wuse requiring the subcontractors to include these clauses in any lower tier wbcontset. The prime Cons l clog Nall be responsible for the, Compliance by any gubcontrVoo, or lower ter, wocon tractor with all the OWINVIC1 clauses in 29 CFR Pan S.S. —in Anon 11 u of the contract clauses in Pe nsation at a rate not less than one and one -111811 times the bask rate of - .1. ConVacte tarrnlnatlon; debarment A breach CFR 5.5 may be grounds for termination of the contract end for debar- for all hours worked in excess of palmi. lorry hours in such workweek 29 ment as a contractor and a subcontractor as provided in 29 CFR 5.12. Act Requirements. All rul- liquidated damages. In the (2) tllolatlon; Itabllily for unpaid wages: iq 1 of this S. Car►pllance with Davis -Bacon and Related Related Acts contained in event of any violation of the clause set forth in subparagraph Ings and interpretations of the paws -Bacon and Parts 1, 3, and 5 are herein incorporated by reference in this Da 9 D on- liable for the unpaid wages. In addition, such contractor 29 CFR contracttractor 9. Disputes concerning labor standards. Disputes arising out of the labor be es (in tie case of work doe rider folr tlelD striiable ct o1Columbia Dithe United la territory, to such District or to such standards provisions of this contract shall not be subject to the generalliquidated this contract Such disputes shall be resolved in actor- contract _ territory). for liquidatte each 'individual taborer or mechanic. indudings shall be om- disputes clause of dance with the procedures of the Department of Labor set forth in 29 CFR puted with respectin violation of the clause set forth in sub- ds. parts 5, 6, and 7. Disputes within the meaning o1 this clause include itis- (or any of its subcontractors) and or its watchmen t of thisnd paragrap°.i the sum of S10 for each calendar day on � c� Bch or permitted to work w.wwwirelim" Pates between the contractor designee, the U.S. Department of Labor, or the employees or their individual was required hmprmw in excess of the standard workweek of forty hours without Pay - representatives. 10. Certfficatlon of ligibl6ty. By entering into this contract the non- merit of the overtimewagrequired by the Clause set forth in su para- (1) of this paragraph. its m tractor certifies that neither it (nor he or she) nor any person or firm who in the wntractor s firm is a person or firm ineligible to be graph yyithholding for unpaid wages and liquidated damages. HUD or its own action or upon written request of an autho- has an interest awarded Government contracts by virtue of section 3(a) of the Davis- HUD contracts or partici- shall upon designeeDepartment of tabor withhold or cause to be of the by the Bacon Act or 29 CFR 5.12(axt) or to be awarded to 24 CFR Part 24.such �heldf from anlve y moneys payable on account of work performed contract or any other ral econ- pate in HUD programs pursuant erson or firm (Y) No part of this contrail shall be subcontracted tueofa�o 3(a) of owith the subcontractor prime contract or any other Federally -assisted contract f dards twhich ety nbe Inetigible for award of a Government contra y Act or 29 CFR 5.12(ax1) or to be awarded HUD contracts sah6d Y e prime contractorsuch sums as may determined to the Davis -Bacon h participate in HUD programs pursuant to 24 CFR Part 24. is prescribed in the U.S. same to satisfy an liabilities of such contractor or subcontractor be necessary fY Y in the clause set as (iii) The penalty for making. false statements Code, 1.8 U.S C.1001. Additionally. U.S. Crimnal Code, Section provided for unpaid wages and liquidated damages this Criminal 1010. Title 18. U_S.C_'Federal Housing Administratio transactions", pro- influencing� ny way the forth Thefcontractor or subcontractor shall insert in any (4)subparagraph (1) through ( ) of this vides in part "Whoever, for the purpose of.. action of such Administration... makes, utters or publishes any statement, subcontracts the clauses set forth in subparagraph Include these h and also a clause requiring the subcontractors o be knowing the same to be false. • . shall be fined not more than $5.000 or clausesparagm in any lower tier subcontracts The p shall or lower tier subconVac- imprisoned not more than two years or boat' Compta ants, Proceedings, or Testimony by Employees. No laborer or responsible for compliance 1>y any subcontractor set forth in subparagraphs (1) through (4) of this 11. mechanic to whom the wage, salary, or other labor standards provisions of for with the clauses this Contract are applicable shall be discharged or in any other manner because such paragraph. to work in surroundings C. Heallthla�re aor discriminated against by the Contractor or any subcontractor employee has flied any complaint or instiMed or caused to be instituted () mechanic shall be required or under working conditions which are unsanitary. hazardous, or danger - safety an any proceeding or has testified or is about to testify in any proceeding the labor standards applicable under this Contract to and ated by the as Secretary underned construction of tabor by regulation. o�� hstandarlds under or relating to his employer. ra- Work Hours and Safety Standards Act. As used in this pa promulgth 2 The Contractor shall comply with all regulations issued by the ( ) rt 51 s) and to 'positionaof B Contract graph, the terms "laborers" and "mechanics" include watchmen and secretary of Lply may result in mursuant sanctions pursuant to the Con to comply Y Stat 96). ds Act lic Law guards guards- of thislArticle3in every (1) Overtime requirements. No contractor or subcontractor contracting tract 3 THours ra� r� all incluStandde the provisions ()ontract for any part of the contract work which may require or involve the employ- mechanics shall require or permit any soch so that such to an subcontract ct take such actionwith respectdon each subcontractor. as ment of laborers or n suchworkThe mechanic in any workweek in which he or she s employediexcess of forty Contractor shall the Secretary of Housing and Urban Development or the Secretary of labor to work such laborer or mechanic receives com- shall direct as a means of enforcing such provisions hours in such workweek unless HUDA010 (2.84) SECTION 3 CLAUSE 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Develop- ment and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest ex- tent feasible, opportunities for training and employment be given lower income persons residing within the unit of local government or the metropolitan area (or nonmetropolitan county) in which the project is located,'and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the same metropolitan area (or non - metropolitan county) as the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The contractor wil- send to each labor organization or representative of workers with which he has a collective bar- gaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issed by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcon- tract,,unleas the subcontractor has first provided it with a preliminary statement of ability to comply with the require- ments of these regulations. SECTION 3 CLAUSE 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the exe- cution of the contract, shall be a condition.of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its succes- sors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanc- tions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.. 6. Contractors and subcontractors subject to the requirements of Section 3 are required to prepare a written affirmative action plan in accordance with the provisions of Sections 135.65 and 135.70, 24 CFR Part 135. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE, AND LABOR SURPLUS AREA FIRMS 1. It is national policy to award a fair share of contracts to small and minority business firms. Accordingly, affirmative steps must be taken to assure that small and minority busi- nesses are utilized when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall include the following: a. Including qualified small and minority businesses.on solicitation lists. b. Assuring that small and minority businesses are solicited whenever they are potential sources. c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business participation. d. Where the requirement permits, establishing delivery schedules which will encourage participation by small and minority businesses. e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce as required. f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in la through le above. 2. Grantees shall take similar appropriate affirmative action in support of women's business enterprises. 3. Grantees are encouraged to procure goods and services from labor surplus areas. COMPLIANCE WITH CLEAN AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000.) During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt con- tractors and subcontractors shall furnish to the owner, the following: (1) A stipulation by the contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency .(EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the require- ments of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water -Pollu- tion Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcon- tract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE, AND LABOR SURPLUS AREA FIRMS 1. It is national policy to award a fair share of contracts to small and minority business firms. Accordingly, affirmative steps must be taken to assure that small and minority busi- nesses are utilized when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall include the following: a. Including qualified small and minority businesses.on solicitation lists. b. Assuring that small and minority businesses are solicited whenever they are potential sources. c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business participation. d. Where the requirement permits, establishing delivery schedules which will encourage participation by small and minority businesses. e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce as required. f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in la through le above. 2. Grantees shall take similar appropriate affirmative action in support of women's business enterprises. 3. Grantees are encouraged to procure goods and services from labor surplus areas. _fir"r���'��;..�ti�;�` aes � K;.r r .h *� r J �: +nf••,3 ; +`�"- y r ^c w•+ r r � ` ''L "M'1���� _ # v t'• +* 'i• � t f r,.�'+•V r�. ° ~r i`a • ..-y .F A � � t r _ t . � 1 �AR� � f • ..L •� q�y . R t l C' 3• r - •' r Y � y .. - t.,_ r .ern ' S :•ri .r s ; fi . + _ �� .. 7Z Iv. a�sa:� � ya-�j �'' � - •+. !y 3-fr' Ti sem' ,... -lL.+. .sc -F'. s.w 3+ _ F" -r. ; r ' r�.7t"'r�Y�••�};,rt: �. `'t�,��.`'F w�r�� e+A_ ✓� -�r+.t' yT�'..�Yff rR�,' •fr j+ a 1 •T f 1- +} - 8 Y 'QxJ"••. 1T [ y J M'`•G sia r •�.J: �1-v ,fn Ml�.} y r i ;y�C..T: �Cr-F� .:1 �.�!' �.�.,. �! s fr• f Y '._" �si: � s .s :i {t ^. t i++. - - !f t+il s � Baa- Jr :sf - r a"' • f v. '••'.".�` r�•1L.'x ���Tj•. � c `�R >�"'^y '>•S' �'ti''^ j -- ,7� ,t: �� aYr y ��a�..i''�i.....� •.�t.�sr "' f st t yt?'.� Y 7 :—•'..:t ... + i f .s t ..� �,y; f' -,'t!. _i'� t �- + zi ,N'• + 7-... *: _ r .. •7! .ti`•sti i?� Y' Fk r � 1 f �t Y,.._+u � r r L ,! >• � � at' .s ts�"�'. �R •, t 3 rr f. r 'AIM : • r. • - u +y ,: •ate .i..a r''4•o y } - ! y _ 'R��c•4++ ,,flt9 e:• r r t r'r r i.. <.. ! !t +, 12•y���-,>•. �'c �la•'fz _ !s�" Y� fi -- ♦ ua. _ •�-r r l..s� L yrZ Y � _ t - S i` . L f _ . {' �. 4l+••f r } t{ '` i+y r rJ:.� e « ,� i �S St" y1:..1�` s +w� .i 1 n�. y �'�-r'A��t ,ter tl•��'•�'r't' t � 7 + -xl� �. 2M a' f.� � ' f h j •r ref-�•i, �ti {SI-4J,.,.^'�" L 9 f y'� /] 2 « t'"„ ` y7' _ ,+ { �1M'""[•< t `y�ip.f., .�,��.y.'ut �' ti?_•.�:.�•th� r �", � J .ctil, "'t, �.�» >t.� - ` -�_ a, \ 1 - S - r . t 7.7 _ r GENERAL W A G E ;D E C I S I O N FE DE RAID..AND ST -AT•E _fir"r���'��;..�ti�;�` aes � K;.r r .h *� r J �: +nf••,3 ; +`�"- y r ^c w•+ r r � ` ''L "M'1���� _ # v t'• +* 'i• � t f r,.�'+•V r�. ° ~r i`a • ..-y .F A � � t r _ t . � 1 �AR� � f • ..L •� q�y . R t l C' 3• r - •' r Y � y .. - t.,_ r .ern ' S :•ri .r s ; fi . + _ �� .. 7Z Iv. a�sa:� � ya-�j �'' � - •+. !y 3-fr' Ti sem' ,... -lL.+. .sc -F'. s.w 3+ _ F" -r. ; r ' r�.7t"'r�Y�••�};,rt: �. `'t�,��.`'F w�r�� e+A_ ✓� -�r+.t' yT�'..�Yff rR�,' •fr j+ a 1 •T f 1- +} - 8 Y 'QxJ"••. 1T [ y J M'`•G sia r •�.J: �1-v ,fn Ml�.} y r i ;y�C..T: �Cr-F� .:1 �.�!' �.�.,. �! s fr• f Y '._" �si: � s .s :i {t ^. t i++. - - !f t+il s � Baa- Jr :sf - r a"' • f v. '••'.".�` r�•1L.'x ���Tj•. � c `�R >�"'^y '>•S' �'ti''^ j -- ,7� ,t: �� aYr y ��a�..i''�i.....� •.�t.�sr "' f st t yt?'.� Y 7 :—•'..:t ... + i f .s t ..� �,y; f' -,'t!. _i'� t �- + zi ,N'• + 7-... *: _ r .. •7! .ti`•sti i?� Y' Fk r � 1 f �t Y,.._+u � r r L ,! >• � � at' .s ts�"�'. �R •, t 3 rr f. r 'AIM : • r. • - u +y ,: •ate .i..a r''4•o y } - ! y _ 'R��c•4++ ,,flt9 e:• r r t r'r r i.. <.. ! !t +, 12•y���-,>•. �'c �la•'fz _ !s�" Y� fi -- ♦ ua. _ •�-r r l..s� L yrZ Y � _ t - S i` . L f _ . {' �. 4l+••f r } t{ '` i+y r rJ:.� e « ,� i �S St" y1:..1�` s +w� .i 1 n�. y �'�-r'A��t ,ter tl•��'•�'r't' t � 7 + -xl� �. 2M a' f.� � ' f h j •r ref-�•i, �ti {SI-4J,.,.^'�" L 9 f y'� /] 2 « t'"„ ` y7' _ ,+ { �1M'""[•< t `y�ip.f., .�,��.y.'ut �' ti?_•.�:.�•th� r �", � J .ctil, "'t, �.�» >t.� - ` -�_ a, \ 1 - S General Decision Number CA940002 Superseded General Decision No. CA930002 State: California Construction Type: BUILDING HEAVY HIGHWAY RESIDENTIAL County(ies): IMPERIAL INYO KERN IAS ANGELES MONO ORANGE RIVERSIDE SAN BERNARDINO SAN LUIS OBISPO'" SANTA BARBARA-'--- VENTURA- BUILDING ARBARA:..VENTURA BUILDING CONSTRUCTION PROJECTS; HEAVY CONSTRUCTION PROJECTS (does not include oil well drilling in Kern County; does not � include TV/Grout work or water well drilling); HIGHWAY ` CONSTRUCTION PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (including single family homes and apartments up to and including 4 stories) (does not include Inyo and Mono Counties); DREDGING PROJECTS. This wage decision does not include hopper dredge work or the installation of solar energy systems. Modification Number 0 1 Publication Date 02/11/1994 03/04/1994 MD MAR 071994 LABOR RELATIONS. COUNTY(ies): IMPERIAL INYO KERN LOS ANGELES MONO ORANGE RIVERSIDE SAN BERNARDINO SAN LUIS OBISPO SANTA BARBARA VENTURA ASBE0005B 09/20/1993 Rates Fringes IMPERIAL, INYO, KERN, IAS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: INSULATORS/ASBESTOS WORKERS Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 27.21 ASBESTOS REMOVAL WORKER/ HAZARDOUS MATERIAL HANDLER Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not 10.75 -------------------------------------------------- ASBE0016C 08/01/1993 MONO COUNTY: Rates 7.53 1.75 ------------ Fringes INSULATORS/ASBESTOS WORKERS Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 30.50 5.88 ------------------------------------------------------------ BOIL0092A 01/01/1994 Rates BOILERMAKER 26.18 ------------------------------------------------ BRCA0004B 05/01/1991 Rates RIVERSIDE AND SAN BERNARDINO COUNTIES: BRICKLAYER; STONEMASON; AND MARBLE I- T n A A n^ n _. 11 Fringes 7.89 -------------- Fringes 47 SETTER: Fort Irwin Army Training Center; Naval Air Weapons Station, China Lake; and Twenty-nine Palms 5.30 Marine Base 29.44 Remainder of Riverside and 5.30 San Bernardino Counties 23.82 ------------------------------------------ BRCA0004C 09/01/1992 Rates Fringes LOS ANGELES, ORANGE AND VENTURA COUNTIES: TERRAZZO WORKER AND TILE SETTER 24.99 6. 60, ---------------------------------------------- BRCA0004D 11/01/1992 Rates Fringes IMPERIAL COUNTY: BRICKLAYER; STONEMASON; MARBLE j SETTER ----------- ----------------------- BRCA0004E 07/01/1992 VENTURA COUNTY: 22.78 5.95 --------- ----------------- Rates Fringes BRICKLAYER 22.00 6.13 ------------------ ---------------------------------------------- BRCA0004F 07/01/1992' Rates Fringes SAN LUIS OBISPO AND SANTA BARBARA COUNTIES: BRICKLAYER; STONEMASON; MARBLE, TERRAZZO AND TILE SETTER 23.60 ---------------------------------7---------- BRCA0004G 08/01/1993 Rates INYO, KERN AND MONO COUNTIES: BRICKLAYER; STONEMASON: Edwards Air Force Base; and Naval Air Weapons Station, China Lake 27.78 5.25 ---------------- Fringes 5.21 r Remainder of Inyo and Kern 5.21 Counties; and Mono County 24._03---------------------------------------------------- BRCA0004H 05/01/1992 Rates Fringes KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: MARBLE SETTER 25.32 ------------------------------------------------------6-0------- BRCA00040 09/01/1992 Frin es Rates g IMPERIAL COUNTY: TERRAZZO & TILE SETTER 24.99 6.60 ------ ------------------------------------------ ---- BRC ---------------------------------- BRCA0004P 09/01/1992 Rates Fringes INYO, KERN, LOS ANGELES, MONO, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: TERRAZZO WORKER 24.99 6.60 ------------------------------------ BRCA0004R 10/01/1992 Rates Fringes RIVERSIDE AND SAN BERNARDINO COUNTIES: • 99 55 _ TILE SETTER: 24. ------ -------------------------------------------------------- BRCA0004S 09/01/1992 IMPERIAL COUNTY: TERRAZZO AND TILE SETTER ------------------------------------ BRCA0004U 05/01/1993 LOS ANGELES COUNTY: BRICKLAYER; STONEMASON ------------------------ nTnnnnn7 — A Rates Fringes 24.99 6.60 ----------------------- Rates 25.32 Fringes 6.15 -------------- o-i i nA / 1 994 C SETTER: Fort Irwin Army Training Center; Naval Air Weapons Station, China Lake; and Twenty-nine Palms Marine Base 29.44 Remainder of Riverside and San Bernardino Counties 23.82 ------------------------------------------ BRCA0004C 09/01/1992 Rates LOS ANGELES, ORANGE AND VENTURA COUNTIES: 5.30 5.30 -------------------- Fringes TERRAZZO WORKER AND TILE SETTER 24.99 j.60, ---------------------------------------------------------------- BRCA0004D 11/01/1992 Rates Fringes IMPERIAL COUNTY: BRICKLAYER; STONEMASON; MARBLE ' 5 9 SETTER 22.78 - ----------- ----------------------------------------------------- BRCA0004E 07/01/1992 Rates Fringes VENTURA COUNTY: BRICKLAYER 22.00 6_13 BRCA0004F 07/01/1992 - Rates Fringes SAN LUIS OBISPO AND SANTA BARBARA COUNTIES: BRICKLAYER; STONEMASON; MARBLE, TERRAZZO AND TILE SETTER 23.60 5.25 --------------------------------- ------------------------------- BRCA0004G 08/01/1993 Rates Fringes INYO, KERN AND MONO COUNTIES: BRICKLAYER; STONEMASON: .• Edwards Air Force Base; and Naval Air Weapons Station, China Lake 27-78 5.21 a• i W7 BRCA0004V 11/01/1993 Rates INYO, KERN AND MONO COUNTIES: Fringes TILE SETTER: Edwards Air Force Base; and Naval Air Weapons Station, China Lake 20.65 3.40 Remainder of Inyo, Kern and Mono Counties 17.65 3.40 ---------------------------------------------------------------- BRCA0004W 05/01/1992 Rates Fringes ORANGE COUNTY: BRICKLAYER; STONEMASON; MARBLE SETTER ------------------------------ BRCA0007F 08/01/1992 INYO AND MONO COUNTIES: 24.25 ------------- MARBLE SETTER ------------------------------------ BRCA0017D 06/02/1991 MARBLE, TERRAZZO & TILE.FINISHER ----------------------------------- CARP0002A 07/01/1993 CARPENTERS: Work on single-family homes & apartments up to and including 4 stories: Framer & finish carpenter Insulation & weatherstripping installer Shingler Concrete & form worker Residential fence builder Cabinet installer i TO, Subterranean•garage concrete construction - Roof loader of shingles CA940002 - 5 Rates 5.10 Fringes 26.80 10.55 --------------------------- Rates Fringes 19.21_ 6.72 ----------------------- Rates Fringes 17.79 5.10 15.50 3.80 16.42 4.05 16.35 5.10 16.36 5.10 18.09 5.10 18.17 5.10 11.49 4.05 03/04/1994 Ir ELECO011A 07/01/1993 Rates Fringes LOS ANGELES COUNTY: ELECTRICIANS: work on single family homes and - apartments up to and including 4 stories 15.40 3% + 4.51 Tunnel work: Electrician 28.00 3% + 8.69 Cable splicer 28.60 3% + 8.69 All other work: Electrician; Traffic signal installer 25.45 3% + 8.69 Cable splicer ---------------------------------------------------------------- 26.05 3% +78.69 ELECO011B 06/01/1993 LOS ANGELES COUNTY: Rates Fringes LINE CONSTRUCTION: Line technician 25.45 3% + 8.69 Cable splicer 26.05 3% +.8.69 Ground person 15.27 .3% + 8.69 ---------------------------------------------------------------- ELECO011C 12/01/1992 Rates Fringes INYO, KERN, LOS ANGELES, MONO, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: COMMUNICATIONS AND SYSTEMS WORK: Kern, Los Angeles, Orange, San Luis Obispo, Santa Barbara and Ventura Counties: Communications & systems installer Communications & systems technician Sound technician (Los Angeles County only) Alarm technician II (Orange County only) (duties limited to pulling wire to and terminating devices; not to install devices that interface with other con- tractors (mounting waterflow, 16.15 3% + 3.40 17.90 3% + 3.40 18.90 3% + 3.40 l Rock barge or scow ---------------------------------------------------------------- 23.83 5.10 CARP0002B 07/01/1993 Rates Fringes DIVERS: Diver, wet 52.96 5.10 Diver, stand-by 26.43 5.10 Diver tender 25.43 5.10 FOOTNOTE: Divers shall receive a minimum of 8 hours pay for any day or part thereof. - -- - ---- -- --- ---- - - -- - ---- --- ------ ----- ------ - - -- -----i-------- CARP0002C 07/01/1993 y Rates Fringes DRYWALL INSTALLER/LATHER: Work on single family homes and apartments up to and including 4 stories 18.53 4.23 All other work 23.80 5.10 ---------------------------------------------------------------- CARP0003P 11/01/1993 Rates Fringes INYO, KERN AND MONO COUNTIES: TILE FINISHER: Edwards Air Force Base; and Naval Air Weapons Station, China Lake 16.98 3.40 Remainder of-Inyo, Kern and - Mono Counties 13.98 3,40 ---------------------------------------------------------------- CARPOO11C 06/01/1990 Rates Fringes LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: MARBLE AND TILE FINISHER 19.21 6.32 ---------------------------------------------------------------- CARP0117A 06/01/1991 Rates Fringes KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: TERRAZZO FINISHER 20.98 3.80 ---------------------------------------------------------------- CA940002 - 7 01104 /1 C)g4 ELECO011A 07/01/1993 Rates Fringes LOS ANGELES COUNTY: ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories 15.40 3% + 4.51 Tunnel work: Electrician 28.00 3% + 8.69 Cable splicer 28.60 3% + 8.69 All other work: Electrician; Traffic signal installer 25.45 3% + 8.69 Cable splicer ---------------------------------------------------------------- 26.05 3% -f78.69 ELECO011B 06/01/1993 Rates Fringes LOS ANGELES COUNTY: LINE CONSTRUCTION: Line technician 25.45 3% + 8.69 Cable splicer 26.05 3% +. 8.69 Ground person 27 -----------------------15_----------_-- + 869 -- _ ------------------------------------------------------ - - - ELECO011C 12/01/1992 Rates Fringes INYO, KERN, LOS ANGELES, MONO, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: - COMMUNICATIONS AND SYSTEMS WORK: Kern, Los Angeles, Orange, San Luis Obispo, Santa Barbara and Ventura Counties: Communications & systems installer Communications & systems technician Sound technician (Los Angeles County only) Alarm technician II (Orange County only) (duties limited to pulling wire to and terminating devices; not to install devices that interface with other con- tractors (mounting waterflow, 16.15 3% + 3.40 17.90 3% + 3.40 18.90 3% + 3.40 ^ - r ^ . I I ^ n I r- , V; duct detectors, dampers or connecting control panels) 13.93 3% + 3.40 Inyo, Mono, Riverside and San Bernardino Counties: Communications & systems installer 16.63 3% + 2.75 Communications & systems technician 18.38 3% + 2.75 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes -for the following: -TV monitoring and surveillance, background -;-foreground music; intercom and -telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm* and low voltage master clock systems. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station, Edwards Air -Force Base, Elk Hills Naval Petroleum Reserve, Point Arguello and Vandenberg Air Force Base. In the Counties of Inyo, Mono, Riverside and San Bernardino, fire alarm work shall be performed at the current inside Wireman total cost package. ---------------------------------------------------------------- ELEC0413A 12/01/1993 Rates Fringes SANTA BARBARA COUNTY: ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories 16.00 3% + 5.10 All other work: Vandenberg Air Force Base: rAgannn,> - g 03/04/1994 Electrical subcontracts over $50,000: Electrician 28.97 3% + 6.80 Electrician, welding 29.47 3% + 6.80 Cable splicer 30.47 3%-+ 6.80 Electrical subcontracts of $50,000 or less: Electrician 25.20 3% + 6.80 Electrician, welding 25.70 3% + 6:80 Cable splicer 26.70 3% + 6.80 Remainder of Santa Barbara County: Electrical subcontracts over $50,000: Electrician. 25.22 .3%.+ 6.80 Electrician, welding 25.72- 3%r + 6.80 Cable splicer 26.72 3% + 6.80 Electrical subcontracts of $50,000 or less: Electrician 21.45 3% + 6.80 Electrician, welding 21.95 3% + 6.80 Cable splicer ---------------------------------------------------------------- 22.95 3% + 6.80 ELEC0413B 12/01/1993 Rates Fringes SANTA BARBARA COUNTY: LINE CONSTRUCTION: Vandenberg Air Force Base: Line technician; Equipment operator 29.37 4.5% + 6.30 Cable splicer 30.87 4.5% + 6.30 Ground person; Ground person/driver 22.03 4.5% + 6.30 Remainder of Santa Barbara County: Line technician; Equipment operator 25.62 4.5% + 6.30 Cable splicer 27.12 4.5% + 6.30 Ground person; Ground person/driver ---------------------------------------------------------------- 19.22 4.5% + 6.30 ELEC0428A 06/01/1993 Rates Fringes KERN COUNTY: ..�. ELECTRICIANS: IST 0 A n n n n n I n n I I n n n Edwards Air Force Base; and Naval Air Weapons Station, China Lake: Work on single family homes and apartments up to and including 4 stories 14.50 All other work: Electrician 27.59 Cable splicer 29.87 Remainder of Kern County: Work on single family homes tu to and 4.25% +2.60 4.25% +5.15 4.25% +5.15 and apartmen s p 4.25% +2.60 including 4 stories 13.50 All other work: 4.25%.+5.15 Electrician 22.84 Cable splicer 25.12 4.25% +5.15 -------------------------------------------- ELEC0428B 06/01/1993 Rates Fringes KERN COUNTY: LINE CONSTRUCTION: Edwards Air Force Base; and Naval Air Weapons Station, China Lake: 4% + 5.15 Ground person/Truck driver 21.88 Line technician; Heavy 4% + 5.15 equipment operator 27.59 29.87 4% + 5.15 Cable splicer Remainder of Kern County: Ground person/Truck driver 17.13 4% + 5.15 Line technician; Heavy 22..84 4% + 5.15 equipment operator 25.12 5 1 Cable splicer --------------------------------------- - -------------------- 4 ± ELEC0440A 07/05/1993 Rates Fringes RIVERSIDE COUNTY: ELECTRICIANS: Work on single family homes and apartments up to and 14.50 3% + 3.16 including 4 stories All other work: 23.83 3% + 6.96 Electrician CA940002 - 11 03/04/1994 24.33 3% + 6.96 Cable splicer 24.13 30 + 6.96 Electrician_welding------------------------------- --------------------------------- -- - --------- ELEC0440B 07/05/1992 Rates Fringes RIVERSIDE COUNTY: LINE CONSTRUCTION: 22.46 4% + 6.61 Line technician 22.96 4% + 6.61 Cable splicer 16.85 4% + 6_61- Ground person ---------- ELEC0441A 06/01/1993.• Rates Fringes ORANGE COUNTY: ELECTRICIANS AND LINE CONSTRUCTION: ELECTRICIANS: homes Work on single family and apartments up to and 15.80 3% +1.95 including 4 stories All other work: 25.85 3% + 5.80 Electrician 27.04 3% + 5.80 Cable splicer LINE CONSTRUCTION: Line technician; Heavy 25.50 3° + 5.80 equipment operator 26.67 3% + 5.80 Cable splicer 21.79 ' 3% + 5.80 Ground person ------- * ELEC0477A 12/01/1993 Rates Fringes INYO, MONO AND SAN BERNARDINO COUNTIES: ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories (San 14.50 3` + 3.84 Bernardino County only) All other work: Area within 75 road miles from the Main Post Office in San CA940002 - 12 03/04/1994 r. duct detectors, dampers or connecting control panels) 13.93 3% + 3.40 Inyo, Mono, Riverside and San Bernardino Counties: Communications & systems installer 16.63 3% + 2.75 Communications & systems technician 18.38 3% + 2.75 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: -TV monitoring and surveillance, background=foreground music- intercom and -telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm* and low voltage master clock systems. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station, Edwards Air -Force Base, Elk Hills Naval Petroleum Reserve, Point Arguello and Vandenberg Air Force Base. In the Counties of Inyo, Mono, Riverside and San Bernardino, fire alarm work shall be performed at the current inside Wireman total cost package. ---------------------------------------------------------------- ELEC0413A 12/01/1993 Rates Fringes SANTA BARBARA COUNTY: ELECTRICIANS: Work on single family homes and apartments up to and including 4 stories 16.00 3% + 5.10 All other work. Vandenberg Air Force Base: raannnn') - q 03/04/1994 Electrical subcontracts over $50,000: Electrician 28.97 Electrician, welding 29,47 Cable splicer 30.47 Electrical subcontracts Of $50,000 or less: Electrician 25.20 Electrician, welding 25.70 Cable splicer 26.70 Remainder of Santa Barbara County: Electrical subcontracts over $50,000: Electrician. 25.22 Electrician, welding 25.72. Cable splicer 26.72 Electrical subcontracts Of $50,000 or less: Electrician 21.45 Electrician, welding 21.95 Cable splicer 22.95 ------------------------------------ ELEC0413B 12/01/1993 SANTA BARBARA COUNTY: LINE CONSTRUCTION: Vandenberg Air Force Base: Line technician; Equipment operator Cable splicer Ground person; Ground person/driver Rates 29.37 30.87 22.03 3% + 6.80 3% + 6.80 3%-+ 6.80 3% + 6.80 3% + 6:80 3% + 6.80 3% + 6.80 .3V'+ 6.80 3% + 6.80 3% + 6.80 3% + 6.80 3% + 6.80 ------------------ Fringes 4.5% + 6.30 4.5% + 6.30 4.5% + 6.30 Remainder of Santa Barbara County: Line technician; Equipment operator 25.62 4.5% + 6.30 Cable splicer 27.12 4.5% + 6.30 Ground person; Ground person/driver 19.22 4.5% + 6.30 ------------------------------------------- ELEC0428A 06/01/1993 KERN COUNTY: ELECTRICIANS: Rates Fringes /`T 0A nnnn - - n n'7 /n A JI nn n faFf duct detectors, dampers or 30 + 3.40 connecting control panels) 13.93 Inyo, Mono, Riverside and San Bernardino Counties: Communications & systems 16.63 3% + 2.75 installer Communications & systems18.38 3% + 2.75 technician SCOPE OF WORN: service and maintenance of systems Installation, testing, sound, utilizing the transmission an teducational,ransference osecurity and vision and digital for commercial, educational, and entertainment purposes •for the following: and surveillance, background=foregrounst �slcmicrowavemtransmission,e interconnect, inventory control y school nurse call systems, radio page, multi -media, multiplex, fire alarm* and low voltage intercom and sound, burglar alarms, master clock systems. ceive ation communication system s that tintrinsicransmit rtoethe above listed and/or control systems that are all other data systems; inclusion or exclue1�nfunctionof ; excluding all testings o conductors determleesy y ms stems, line systems or multip stems which include control function or power supply; excluding installation of raceway systems, voltage work, and energy management systems. Does not cover work performed at China Lake Naval Petroleum Naval ordnance Test Station, Edwards Air -Force Base, Elk HillsArguello and Vandenberg Air Force Base. Reserve, Point rdino, In the Counties of Inyo, Mono, Riverside and San Berna fire alarm work shall be performed at the current inside-Wireman --- total cost package ----"-'--- ---------------------- ELEC0413A 12/01/1993 Rates Fringes SANTA BARBARA COUNTY: ELECTRICIANS: Work on single family homes and apartments up to and 16-00 3% + 5.10 including 4 stories r 4"'2"' All other work: Vandenberg Air Force Base: 03/04/1994 Bernardino: Electrician 22.32 3% + 8.43 Cable splicer 22.82 3% + 8.43 Electrician, welding 22.82 3% + 8.43 Electrician, tunnel work 24.55 3%.+ 8.43 Remainder of area: Electrician 29.32 3% + 8.43 Cable splicer 29.82 3% + 8.43 Electrician, welding 29.82 3% + 8.43 Electrician, tunnel work ----------------------------------------------------=----------- 31.55 3% + 8.43 * ELEC0477B 12/01/1993 Rates INYO, MONO AND SAN BERNARDINO COUNTIES: Fringes LINE CONSTRUCTION: Within 75 road miles from the Main Post Office in San Bernardino, California: Line technician 22.12 4.5% + 8.36 Cable splicer; Line technician, welding 22.62 4.5% + 8.36 Ground person 16.59 4.5% + 8.36 Remainder of area: Line technician Cable splicer; Line technician, welding Ground person --------------------------- ELECO569C 02/01/1994 IMPERIAL COUNTY: LINE CONSTRUCTION: Commercial overhead line work; Catenary work: Line technician; Heavy equipment operator Ground person. Ground person/truck•driver All other commercial. underground line work: Line technician; Heavy 29.12 4.5% + 8.36 29.62 - 4.5% + 8.36 23.59 4.5% + 8.36 -------------------------------- Rates 24.37 17.60 11.98 Fringes 4% + 5.12 4% + 5.12 4% + 5.12 raonnnn7 - 11 wi /n4 /1 q94 equipment operator 16.27 40 + 5.12 Ground person; Ground person/truck driver 11.58 4% + 5.12 ------------------------------------------------------ ELEC0569D 10/01/1993 Rates Fringes IMPERIAL COUNTY: ELECTRICIANS: Work on single family homes andapartments up to and including 4 stories 14.61 3% + 2.7.7 Sound work: Sound technician 17.18 3%-+ 3.85 Telephone interconnect 3% + 3.85 technician 13.79 Sound person B 12.53 3% + 3.215 Utility work: Utility technician #1 16.11 3% + 2.84 Utility technician #2 10.56 3% + 2.49 All other work: Electrical subcontracts over $500,000: _. f Electrician 23.61 3% + 5.22 Cable splicer 24.06 3% + 5.22 Electrical subcontracts of $500,000 or less: Electrician 20.86 3% + 5.22 Cable splicer 21.31 3% + 5.22 SCOPE OF WORK: SOUND -WORK: Assembly, installation, operation,.service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, frequency modulation or other recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, -impulses and video. Excluded from this Scope of Work - transmission, service and maintenance of background music. All of the above shall include the installation and transmission over fiber optics.r; SOUND TECHNICIAN: Terminating, operating and performing CA940002 - 14 03/04/1994 final check-out Wire -pulling, splicing, assembling and SOUND PERSON B: installing devices UTILITY WORK: Installation of street lights an UTILITY TECHNICIAN 11: traffic signals, including electrical circuitry, pro grammable controller, pedestal -mounted electrical meter enclosures and electrical laying of pre -assembled cable in ducts. The layoutproper ectrica systems and communication installation including location pfo r of trench depths, and radius at duct banks, manholes, street lights, and traffic signals.al at UTILITY TECHNICIAN 2: gDistribution uTnd ducts for electrical, 7ob site, installation of underg TVstems. The setting, telephone, cable , and communication sy past manholes, handholes leveling, grounding and racking ofrec ads. �" and transformer p -------------------- ELEC0630 12/01/1993 Rates Fringes SAN LUIS OBISPO COUNTY: ELECTRICIANS: Work.on single family. ands and apartments up 16.00 30 + 3.65 including 4 stories All other work: Electrical contracts $60,000 or less: 22.50 3% + 6.00 3% + 6.00 Electrician Cable splicer 24.75 23.63 _ 3% + 6.00 Electrical welder Electrical contracts $60,001 to $1.5M: Electrician 23.75 3% + 6.00 3% + 6.00 Cable splicer 26.13 24.93 3% + 6.00 Electrical welder Electrical contracts $1.5M and over: Electr'ic'ian 25.50 3% + 6.00 3% + 6.00 Cable splicer 28.05 26.78 3% + 6.00 Electrical welder -------------- ELECO639B 12/01/1993 Rates Fringes SAN.LUIS OBISPO COUNTY: LINE CONSTRUCTION: Line truck Line technician; operator; Line equipment ��/na/lA4a CA9af1(1o? — operator 23.75 4% + 5.89 s� '- Cable splicer 26.13 4% 4% + 5.89 + 5.89 Line welder 24.94 17.81 4% + 5. Ground person ----------- ----------------------------------------------------- 25.75 28.33 3%-+ 6.90 ELEC0952A 10/01/1993 Rates Fringes VENTURA COUNTY: ELECTRICIANS: - Area within 32 road miles from Area within 32 road miles from .the nearest basing point: 3% + 6,90 Electrician 25.75 28.33 3%-+ 6.90 Cable splicer 4% + 6.80 Remainder of Ventura County: 30.75 3% + 6.90 Electrician 33.33 30 + 6.90 Cable splicer 6.80 Ground person FOOTNOTE: Basing points: the main Post Office in the cities of Camarillo, Oak View, Oxnard, Santa Paula and Ventura. ----------------------------------------- `. ELEC0952B 10/01/1993 Rates Fringes VENTURA COUNTY: LINE CONSTRUCTION: - Area within 32 road miles from the fiearest basing point: Line technician; Heavy 4% + 6.80 equipment operator 25.75 4% + 6.80 Cable splicer 28.33 19.31 4% + 6.80 Ground person Remainder of Ventura County: Line technician; Heavy 30.75 4% + 6.80 equipment operator 33.33 4% + 6.80 Cable splicer Ground person - truck driver 24.31 4% + 6.80 FOOTNOTE: :Basing points: the main Post Office in the cities of Camarillo, Oak View, Oxnard, Santa Paula and Ventura. ----------- ------------------------------------ ----------------- <.�,.. CA940002 - 16 03/04/1994 C) ELEC1245A 06/01/1993 Rates OUTSIDE UTILITY TRANSMISSION WORK: 25.70 Line worker; Cable splicer 24.41 Powder.worker 16.63 Ground person 26.99 Line worker, welding Fringes 4% +6.25 4%, +6.25 4% +6.25 4% +6.25 SCOPE OF WORK: switchyards All outside work on electrical transmission lines, and substations, and outside work in electrical utility distribution systems owned, maintained and operated by electrical utility companies, municipalities, or governmental agencies.--------------------- ----------------------- --------------------- ---- --- ----- - ---- y ELEV0018A 08/26/1993 Rates Fringes ELEVATOR MECHANICS 27.13 6.12 FOOTNOTE:6o for 6 Vacation Pay: 8o with 5 or more years of service, months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ----------- ---- ------------------------------------------- ENG10012F ------------------------------- ENGI0012F 07/01/1993 Rates Fringes POWER EQUIPMENT OPERATORS: 21.75 9.50 GROUP 1 22.53 - 9.50 GROUP 2 22.82 9.50 GROUP 3 22.96 9.50 GROUP 4 24.06 9.50 GROUP 5 23.18 9.50 GROUP 6 23.29 9.50 GROUP 7 24.39 9.50 GROUP 8 23.41 9.50 GROUP 9 24.51 9.50 GROUP 10 23. 58 9.50 GROUP 11 23.58 9.50 GROUP 12 23.71 9.50 GROUP 13 23.79 9.50 GROUP 14 23.91 9.50 GROUP 15 24.08 9.50 GROUP 16 24.18 9.50 .GROUP 17 24.29 9.50 .:GROUP 18 24.41 9.50 'GROUP 19 24.58 9.50 GROUP 20 24.68 9.50 GROUP 21 24.79 9.50 GROUP 22 n 7 / n A / l n n A nTn w nnn^� �-r fi GROUP 23 24.91 9.50 GROUP 24 25.08 9.50 CRANES, PILEDRIVING & HOISTING EQUIPMENT: GROUP 1 21.75 9.50 GROUP 2 22.53 9.50 GROUP 3 22.82 9.50 GROUP 4 22.96 9.50 GROUP 5 23.18 9.50 GROUP 6 23.29 9.50 GROUP 7 23.41 9.50 GROUP 8 23.58 9.50 GROUP 9 23.75 :9.50 GROUP 10 24.75 9.50 GROUP 11 25.75_ _ . 9.50. GROUP 12 26.75 9'50 GROUP 13 27.75 - 9.50 TUNNEL GROUP: GROUP 1 23.03 9.50 GROUP 2 23.32 9.50 GROUP 3 23.46 9.50 GROUP 4 23.68 9.50 GROUP 5 23.79 9.50 GROUP 6 23.91 9.50 GROUP 7 24.21 9.50 DREDGING: Hydraulic suction dredges: Lever operator 24.10 9.50 Deckmate; Watch engineer 23.52 _ 9.50 Winch (stern winch on dredge) 22.97 9. 50 Bargehand; Deckhand; Fire person; Oiler; Leveehand 22.43 9.50 Dozer 23.63 9.50 Clamshell dredges: Lever operator 24.10 9.50 Watch engineer; Deckmate 23.52 9.50 Barge mate 23.04 9.50 Bargehand; Deckhand; Fire person; Oiler 22.43 9.50 POWER EQUIPMENT OPERATOR CLASSIFICATIONS: GROUP 1: Barge, brake, compressor operator, Ditch Witch, with seat or similar type equipment, elevator operator - inside, engineer oiler, generator operator, generator, pump or compressor plant operator, pump operator, signal, switch rAadnnn? - iR 03/04/1994 C-1 !' GROUP 2: Concrete mixer operator - skip type,conveyor oiler crusher operator, fire person, hydrostatic pump operator, to ski loader,(w. (asphalt or concrete plant),- henwheel type up P tar -pot 3/4 yd. without attary heating plants operatoeld r, machine fire person, temporary 9 P operator GROUP 3: Equip greaser reaser (rack), Ford Ferguson (with dragtype attachments), helicopter radio (ground), power concrete curing ower - driver machine operator, power concrete saw operator, P in and cleaning jumbo form setter operator, stationary pipe wrapp g machine operator GROUP 4: Asphalt plant fire -person, backhoe operator:(mni-max or similar type); -boring machine operator, --box or;mixer_:(asphalt or concrete) , chip spreading -machine operator; -:concrete ptnP_ operator (small portable), drilling machine: -operator, small auger types (Texoma super economatic or similar types -:Hughes loo or 200 or similar types - drilling depthofd301 maximum), equipment ostgreaser (grease truck), guard rail p cableway signal, hydra -hammer -aero stomper, power sweeper operator, roller operator (compacting), screed operator (asphalt or -concrete), -trenching machine operator (up to 6 ft.) GROUP 5: Equipment greaser (grease truck/multi-shift) GROUP 6:. Asphalt plant engineer, batch plant operator, bit sharpener, concrete joint machine operator (canal and similack type), concrete planer operator, deck engine operator, derri types (oilfield type), drilling machine operator, bucket or auger yP (Caldwell 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum), drilling machine.operator (including water wells), hydrographic seeder machine operator (straw, pump or seed), Jackson track maintainer, or similar type, Kalamazoo switch tamper, or similar type, machine tool operator, Maginnis internal full slab.vibrator, mechanical berm, curb or gutter (concrete or asphalt)., mechanical finisher operator avement (concrete, Clary -Johnson -Bidwell or similar type), P breaker operator (truck mountedj, road oil mixing machine operator, roller operator (asphalt or firiishj, rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck), self-propelled tar pipelining machine operator,. and up skiploader operator (crawler and wheel type, over 3/'4 y to and including 1-1/2 yds.)., slip form pump operator (power driven hydraulic lifting device for concrete forms), tractor operator - bulldozer, tamper -scraper (single engine, up to 100 h. -p. flywheel and similar types, up to and including D-5 and similar types), tugger hoist operator rt;;5s. GROUP 7: Asphalt or concrete spreading operator (tamping or ` finishing), asphalt paving machine operator (Barber Greene or similar type), backhoe operator (up to and including 3/4 yd.), raannnn_) - 10 nn/0,4/100A A small Ford, Case or similar, cast -in-place pipe laying machine operator, combination mixer and compressor operator (gunite work), compactor operator (self-propelled), concretemixer operator (paving), crushing plant operator, drill doctor, drilling machine operator, bucket or auger types (Caldwell 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum), elevating grader operator, grade checker, gradall operator, grouting machine operator, heavy-duty repair person, Kalamazoo ballast regulator or similar type, Kolman belt loader and similar type, Le Tourneau blob compactor or similar type, loader operator (Athey, Euclid, Sierra and similar types), pneumatic concrete placing machine operator (Rackley-Presswell or similar type), pumperete operator, rotary drill operator (excluding caisson type), rubber -tired earth -moving equipment operator (single engine, Caterpillar, Euclid; Athey Wagor'and similar types withany.and all attachments over 25 yds. 'Nip to and including 50 cu. yds. struck), rubber -tired -earth -moving equipment operator (multiple engine up to and including 25 yds. struck), rubber -tired scraper operator (self -loading paddle wheel type - John Deere, 1040 and similar single unit), self-propelled curb and gutter machine operator, skipload operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.), surface heater and planer operator, tractor compressor drill combination operator, tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper, scraper and push tractor single engine), tractor operator (boom attachments), traveling pipe wrapping, cleaning and bending machine operator, trenching machine operator GROUP 8: Heavy-duty repair person (multi -shift) GROUP 9: Drilling machine operator, bucket or auger types (Caldwell 200 B bucket or similar types - Watson 3_000 or 5000 auger or similar types - Texoma 900 auger or similar types -- drilling depth of 105' maximum), dual drum mixer, heavy—duty repair -welder combination, monorail locomotive operator (diesel, gas or electric), motor patrol - blade operator (single engine), multiple engine tractor operator (Euclid and similar type - except Quad 9 cat.), rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck), rubber -tired earth -moving equipment operator (multiple engine, Euclid, Caterpillar and similar over 25 yds. and up to 50 yds.), tower crane repair person, tractor loader operator (crawler and wheel type over 6- 1/2 yds.), Woods mixer operator (and similar pugmill equipment) GROUP 10: Heavy-duty repair -welder combination (multi -shift) GROUP 11: Auto grader operator, automatic slip form operator, drilling machine operator, bucket or auger types (Caldwell, auger 200 CA or similar types - Watson auger 6000 or similar types - drilling depth of 1751 maximum), hoe ram or similar with compressor, mass excavator operator, mechanical finishing machine operator, mobile form traveler operator, motor patrol operator CA940002 - 20 03/04/1994 0. (multi -engine), pipe mobile machine operator, rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar' and similar type, over.50 cu. yds. struck), rubber -tired self - loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 12: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 13: Canal liner operator, canal trimmer operator, remote - control earth -moving equipment operator, wheel excavator operator GROUP 14: Rubber -tired earth -moving equipment operator., operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with -any and all attachments over 25 yds. and up to and including 50 yds. struck), rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine - up to and including 25 yds. struck) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck), rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck), tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 17: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 18: Concrete pump operator, truck -mounted, rubber -tired. earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 cu. yds. struck), rubber -tired earth- moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 19: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in an combination excluding -compaction Y g compaction units - single engine, over 50 yds, struck) r - GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck), rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including -25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck), rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS: GROUP 1: Engineer oiler; Fork lift operator (under 5 tons capacity) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Fork lift operator (over 5 tons); Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist operator; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. -yds. mrc); Tugger hoist operator (rronnnn') - 1,) 03/04/7994 40 GROUP 7• Pedestal crane operator; Shovel, backhoe, dragline, clamshell: 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8•,Crane operator (up to and including 25 ton Capacity); transporter operator; Derrick barge operator (up to and Crawler tran including n ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator (over 25 tons and up to and including 50'tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operatoor;o oast tons operator, stiff legs,:. Guy derrick or similar_typ up to and including 50 tons mrc); K -crane operator; Pol crane operator; Tower crane operator GROUP 10: Crane operator (over 50 tons and 50 tonsaup including loo tons mrc); Derrick barge operator (over to an including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including loo tons mrc) GROUP 11: Crane operator (over 100 tons and up to tonsand up incluto ding 200 tons'mrc); Derrick barge operator (over stiff legs, Guy derrick including 200 tons mrc); Hoist operator, or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons us o derrick including 300 tons mrc); Hoist operator, stiff leg Y or similar type (over 200 tons, up to and including 3000 tapas mrc); Mobile tower crane operator (over 200 tons, up , including 300 tons mrc) GROUP 13• Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS: GROUP 1: Skiploader (wheel type up to 3/4 yd'. without attachment) GROUP 2: Power -driven jumbo form setter operator t}4f! �-' GROUP 3• Dinkey locomotive or motorperson (up to and including 10 tons) ent greaser (grease truck); Slip GROUP 4: Bit sharpener; Equipm form pump operator (power -driven hydraulic lifting device for concrete forms); hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor;rGrouting machine operator; or Heading shield operator; Heavy-duty p rp (Athey, Euclid, Sierra and similar types); Mucking machine d. rubber -tired, rail or track type); Pneumatic operator (1/4 yd., similar concrete placing machine operator (Hackley-Prelor operator; .type); Pneumatic heading shield (tunnel); Pumpcreteg Tugger hoist Tractor compressor drill'combination operator; 30 tons) operator (2 drum); Tunnel locomotive operator (over "'. GROUP 6• Heavy-duty repair/welder combination GROUP 7: Tunnel mole boring machine operator ---- IRON0001C 07/01/1993 Rates Fringes VANDENBERG AIR FORCE BASE: IRONWORKERS: ornamental, reinforcing 23.88 11.62 and structural 22.99 11.62 Fence erector----------------------------------------------- - IRON0001F 07/01/1993 Rates Fringes REMAINDER OF COUNTIES AND PARTS OF COUNTIES: _ IRONWORKERS: ornamental, reinforcing and 20.88 11.62 structural 19.99 .11.62 Fence erector ----------- LABOOOO1B 07/01/1993 Rates Fringes BRICK TENDER 16.86 ----------- 9 ---------9.01 ------ ----------------------------- ----- LABO0002B 01/01/1992 Rates Fringes KERN COUNTY: PLASTERER TENDER: nI n n i, n n n a Edwards Air Force Base; Elk Hills Naval Reserve; and Naval Air ��.•18.64 7.91. Weapons Station, China Lake Remainder of Kern County ' 14.96 ----------------------------------------------------- �9------ -- LAB00002C 07/01/1993 Rates Fringes LOS ANGELES AND ORANGE COUNTIES: PLASTERER TENDER: Work on single family homes and apartments up to and including 16.69 8.74 3 stories 19.69 All other work ------------------- -------------------------------------------$ 114 LAB00002D 07/01/1991 Rates SAN LUIS OBISPO AND SANTA BARBARA COUNTIES: PLASTERER TENDER: San Luis Obispo County and Santa Barbara County (north part): Work on single family homes and apartments up to and including 3 stories (does not apply to Vandenberg Air Force Base, Point Arguello or Camp Roberts) 13.63 All other work 16.48 Fringes 9.34 9.34 Santa Barbara County (south part): Work on single family homes and apartments up to and 9.34 including 3 -stories 13.63 'i5-.3 34 All other work 17.48 ------------------------- LAB00002E 07/01/1993 Rates Fringes IMPERIAL, INYO, MONO, RIVERSIDE AND SAN BERNARDINO COUNTIES: PLASTERER TENDER: Work on single family homes and apartments up to and including 3 stories: 9.54 Plasterer tender 16.90 rA9dnnn9 - 7S ni/04/j994 s r Plasterer clean-up laborer 13.56 9.54 { All other work: 19.90 9.54 Plasterer tender 16.56 9.54 Plasterer clean-up laborer FOOTNOTE: Work at Fort Irwin, George Air Force Base, Marine Corps Air Station 29 Palms, Marine Corps Logistics Supply Base, Mountain Warfare Training Center, Naval Air Facility Seeley, and U.S. Marine Corps Pickle Meadows: $3.00 per hour additional. LAB00002G 08/01/1993 Rates Fringes VENTURA COUNTY: PLASTERER TENDER: Work on single family homes and apartments not to. exceed 15.48 8.79 2 stories in height 17,48 8.79 All other work ---------------------- LAB00002H 07/01/1993 Rates Fringes LABORERS: 16.61 9.01 GROUP 1 17.01 9.01 GROUP 2 17.21 9.01 GROUP 3 18.26 9.01 GROUP 4 18.46 9.01 GROUP 5 _ TUNNEL LABORERS: 19.52 9.01 GROUP 1 19.64 9.01 GROUP 2 19.80 9.01 GROUP 3 20.08 9.01 GROUP 4 WORK ON SINGLE FAMILY HOMES AND APARTMENTS UP TO AND INCLUDING 3 STORIES: Landscape laborer, clean-up, fencing (chain link and 12.79 9.01 wood) All other work on single family homes and apartments 9.01 up to and including 3 stories 13.79 GUNITE LABORERS: 19.86 9.71 GROUP 1 18.91 9.71 GROUP 2 16.40 9.71 GROUP 3 CA940002 - 26 03/04/1994 0 HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A CONSTRUCTION CONTRACT): 15.37 8.19 Housemover 15.12 8.19 Yard maintenance person LABORER CLASSIFICATIONS: GROUP 1: Cleaning and handling of panels, forms; Concrete screeding for rough strike -off; Concrete, water lumcurber; Dry packing the cleaning of brick and lumber; Demolition laborer, of f brick holes; Fire watcher, of concrete, plugging, filling person; limber, brush loaders, pilers and debris handlers;spha t rubber oil and/or water pipeline laborer; Laborer, a P Laborer, Gas, Laborer, general or construction; Lab material loader; jetting,' general clean-up; Laborer, landscaping; Laborer, 7 walls, temporary water and air lines; Material hose ope�epair(track slabs, floors and decks); Railroadandsignaling; Scaler; Slip form person and road beds; Rigg Seal crew, (mixer operator, raiser; on highways, slurry shuttle, top): applicator operator, squeegee operator, Striper, Streetcar and railroad construction track laborers; Tool crib Tar and mortar; any method; concrete or other paved road says; Traffic control by or tool house laborer on highways; Traffic delineating device applicator; Window cleaner; wire mesh, pulling all concrete pouring operations � • Cement dumper (on 1 yd. or larger GROUP 2: Asphalt shoveler, Cesspool digger and installer; mixer and handling bulk cement), of the P concrete, the handling Chucktender; Chute handler, utters and sidewalks; Concrete erator foundations, footings, curb, g torch op curer, impervious membrane and form oiler; cutting airport► (demolition); Fine grader, highways and street p runways and similar type heavy construction; Gas, oil andjor Pot tender and form person, Guinea water pipeline wrapper: chaser; Headerboard, asphalt; Laborer, packing rod steel and barrier installer; Power broom sweeper pans; Membrane vapor (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); -Tank scaler and cleaner;e ree and climber, faller, chain saw operator, Pittsburgh chipper similar type brush shredder; Underground laborer, including caisson bellower GROUP 3• Buggymobile; Concrete cutting torch; Concrete pile ackhammer, 2-1/2 ft. drill steel or longer6-in. cutter; Driller, 7 oil and/or water pipeline wrapper, Dri-pak-it machine; Gas, dro seeder and • pipe and over, by any method,' inside and out, Hyof and asphalt • Kettle, p similar 'type; Impact wrench multi-plate; caustic and similar type applier, lay-kold, creosote, dipping, brushing or �V,-�6- materials ("applying means applying, handling of such materials for pipe wrapping and waterproofing); operator of pneumatic, gas, electric tools; Vibrating machine, CA940002. - 27 03/04/1994 air blasting, come-alongs, and similar pavement breaker, elayer's. P caulking, Plp mechanical tools not separamak nglofs7ointshesealing, backup, coating, grouting, asket joints, pointing and any diapering and including rubber g scarifier or • Rotary and all,other services; Rock nlinger;Ro Steel headerboard and multiple head concrete chipping lrko, Wacker and similar type; guideline setter; Tamper,elled Trenching machine, hand -pro P lute person, GROUP 4: Asphalt rakeironer and asphalt rs, floors spreader boxes (all type , s); Concrete core cutter (walls, erson, or ceilings), grinder or sander; Concrete saw p shorer, old or new concrete; Cribber, walls or flat work; scoring hand -guided lagging hammer; lagging, sheeting and trench bracing, Head rock slinger; Laborer, asphalt -rubber distributor orers' work; bootperson; Laser beam incoesame; Over sction with izer concrete.vibrator nof No -joint pipe and stripping elayer, including water, sewage, operator, 70 lbs. and over; t -b a shot -blast; Prefabricated manhole solid, gas or air; Port nozzle, water blasting) installer; Sandblaster ( les, placing and GROUP 5: Blaster powder, all work of loading ho blasting of all powder and explosives of whatever placing; Driller; regardless of method used for such loading core, diamond, All power drills, excluding jackhammer, es of mechanical wagon, track, multiple unit, and any and all types drills; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS: Bull gang mucker, track; GROUP 1: Batch plants. witch Changehouse; rodder and s Concrete crew, including r er (brake and switch on tunnel work); Dump; Dump (outside); P Tunnel materials handling Vibrator -operator, GROUP 2: Cable tender; ChuceX entedr ller)r�Loading and jackhammer, pneumatic tools (except using mastic or other unloading agitator cars; Pot tender, materials powder; Chemical grout jet; Cherry GROUP 3: Blaster, driller, Jackleg miner; Jumbo; picker; Groiit­ 4u i; Grout mixer; Grout Pum P operator; Miner, Kemper and other pneumatic concrete placer oP primer; tunnel (hand or machine); Powder (primer house); wood Shotcrete; Steel form raiser and ttNozzleOperating troweling or steel); Tunnel concrete finisher and/or grouting machine; Sandblaster GROUP 4• Shaft, raise miner; Diamond driller GUNITE LABORERS CLASSIFICATIONS: GROUP 1: Nozzle and rod GROUP 2: Gun CA940002 - 28 03/04/1994 r 'R; .. s GROUP 3: Rebound LAB00067D 02/01/1991 ASBESTOS REMOVAL LABORER Rates 10.00 Fringes 3.83 SCOPE OF WORK: Includes site mobilization, initial site clean-up, site preparation, removal of asbestos -containing material and toxic waste (including lead abatement and any other toxic materials), encapsulation, enclosure and disposal of asbestos - containing materials and toxic waste (including lead abatement and any other toxic materials) by hand or with equipment or machinery; scaffolding, fabrication of temporary.wooden barriers and assembly of decontamination stations. ------------------------------------------------- PAIN0036A 01/01/1993 Rates Fringes INYO AND KERN COUNTIES; LOS ANGELES COUNTY (except Pomona area) MONO COUNTY; AND SAN BERNARDINO COUNTY (west of a line north of Trono including China Lake area, Johannesburg, Boron, south including the Wrightwood area): DRYWALL FINISHER: Kern County (west of the Los Angeles Aqueduct) Remainder of area PAINTERS: Los Angeles County (except. Antelope Valley and the Pomona area) Work on all wood frame structures used for human habitation, including motels and convalescent homes Work on service stations and car washes; small commercial work (construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments); small industrial work (light metal buildings, small warehouses, small storage facilities and CA94ono? — 29 19.69 4.69 23.16 4.69 17.15 2.65 03/04/1994 tilt -up buildings); and tenant improvement work (tenant improvement work not included in conjunction with the construction of the building; including repaint work) (not applicable to any phase of the aerospace industry or to hotels which operate commercial establish- ments as part of the hotel service) All other work: Brush and roller. Paperhanger; Swing stage; Paste machine operator Sandblast;.Spray; Steeplejack Inyo and Kern Counties; Los Angeles County (Antelope Valley); Mono County; and San Bernardino County (west of a line north of Trono including the China Lake area, Johannesburg, Boron, south including the Wrightwood area): Work on wood framed housing, motels and convalescent homes All other work: Brush & roller Paperhanger; Swing stage; Paste machine operator Sandblast; Spray; 19.10 22.12 22.37 23.12 15.15 17.68 17.93 4.68 4.68 4.68 4.68 2.65 4:.68 4.68 R Steeplejack 18.68.- 4.68 ---------------------------------------------------------------- PAIN0048D 01/01/1991 Rates Fringes IMPERIAL COUNTY; LOS ANGELES COUNTY (Pomona area); ORANGE AND RIVERSIDE COUNTIES; AND SAN BERNARDINO COUNTY (excluding western portion): DRYWALL FINISHER 21.18 5.94 PAINTERS: Brush 20.70 5.94 Brush, swing stage; Spray 20.95 5.94 Paperhanger; Spray, swing stage 21.20 5.94 Sandblaster; Iron, steel & bridge (ground work); Iron, CA940002 - 30 03/04/1994 steel & bridge - spray (ground); Rigger, climbing steel; Brush, climbing steel 5.94 & bridge 21.45 Sandblaster, swing stage; Iron, steel & bridge (swing stage); Iron, steel & bridge (swing 5.94 stage, spray) 2. 5.94 Steeplejack -- -------------------------2245 45--------------------- PAIN0052A 07/01/1992 Rates Fringes SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: DRYWALL FINISHER 22.86 4.45 PAINTERS: Work on single family homes and apartments up to and including 3 stories: 16.15 4.70 Painter, brush 16.65 4.70 Painter, spray j All other work Painter; Pot tender (brush) 20.19 4.70 . Paperhanger; Paste machine 20.44 4.70 operator Spray, sandblaster (non -steel); Waterblaster; Power cleaning (non -steel); Steam cleaning 4.70 (non -steel) 20.69 4.70 Sign painter 20.84 _ 4.70 Steeplejack (non -steel) 21.19 High and hazardous, interior or exterior staging, scaffolding, bos'n chair, spider or swing stage: 4th or 5th stories: 21.56 4.70 Painter ... ... .... Spray painter, sandblaster, waterblaster; Power cleaning; Steam cleaning; 4.70 Steeplejack 22.06 6th through 10th stories: 4.70 Painter 22.44 Spray painter; Sandblaster; waterblaster; Power cleaning; Steam cleaning; 4.70 Steeplejack 22.94 10 stories and over: 4.70 Painter 22.94 Spray painter; Sandblaster; CA940002 - 31 03/04/1994 Waterblaster; Power cleaning; Steam cleaning 23.44 Iron and steel: Iron and steel/brush; Pot tender/steel 21.44 Iron and steel/spray; Iron and steel sandblast power clean 21.94 High iron and steel construction; Bridges over 30 ft.: Painter/brush 22.94 Painter/steel/spray; Sand- blaster; Waterblaster ------------------------------------------------ 23.44 4.70 4.70 4.70 4.70 PAIN0132A 11/01/1993 Rates FfInges .- INYO, KERN, MONO AND SAN LUIS OB_SPO COUNTIES: GLAZIER 20.87 6.07 -------------------------------------------------------- ------ PAIN0636A 11/01/1993 Rates Fringes _ LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SANTA BARBARA AND VENTURA COUNTIES: �'`''" GLAZIER ----------------------- PAIN1176A 04/01/1993 INYO AND MONO COUNTIES: 21.20 8.22 ------------------------------------ Rates PARKING LOT STRIPING WORK AND/OR HIGHWAY MARKING: GROUP 1 20.93 GROUP 2 19.88 GROUP 3 & GROUP 5 . ' ...... . .. 17.79 GROUP 4 20.93 Service person (maintenance and repair of equipment) (on jobsite only) Parking lot, game court and playground installer Protective coating, resurfacing, pavement sealing,'slurry seal, including repair when done in conjunction with pavement sealing and slurry seal work Sealer/mixer CA940002 - 32 12.56 13.00 17.93 17.16 Fringes 5.64 5.64 5.64 5.64 5.19 5.64 5.64 5.64 03/04/1994 E C1 Applicator operator, shuttle 15.13 5.64 person and squeegee person OR HIGHWAY MARKING CLASSIFICATIONS: PARKING LOT STRIPING AND/ painted traffic GROUP 1: STRIPER: Layout and application of P es and stripes and marking; hot thermo plastic; tape traffic strip markings out and GROUP 2: TRAFmarkers, delineating signs,srumble and kersFIC DELINEATING DEVICE APPLICATOR: Y application of pavement m traffic bars, adhesives, guide mar; other trn (sandblasting, devices; includes all related surface preparation grinding) as part of the application process waterblasting, 9 GROUP 3: TRAFFIC SURFACE ABRASIVE su'aceITERforecoatings andffic lines and markings; preparation of traffic control devices GROUP 4: TRAFFIC PROTECTIVE eELINeATIyGaffixedSroadsideEand removes; relocates; instal P rl, cable parking delineation barricades; fencing, guard aimarkers anchor, retaining walls, reference signs, monumention is to GROUP 5: TRAFFIC CONTROL PERSOconventionalSole tand movingclaneol and direct traffic through both----------- enclosures--------------------- - PAIN1176B 04/01/1993 Rates Fringes IMPERIAL, KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: ` PARKING LOT STRIPING WORK AND/OR HIGHWAY MARKERS: 19.93 5.67 GROUP 1 18.93 5.67 GROUP - 2 1.6.94 5.67 19 GROUP 3 .93 5.67 GROUP 4 Service person (maintenance and repair of equipment) 11.96 5.25 (on jobsite only) -Slurry seal work: vsuY Fresno, Imperial, Kern, Kings, Los Angeles, San Luis Obispo, Santa 64 4 Barbara, Tulare and Ventura Counties: Sealer/mixer 14.89 3.66 Applicator operator, shuttle person and squeegee person 13.18 3.66 Traffic surface protective coating applicator 15.51 3.66 Traffic control person 8.19 3.66 Orange, Riverside and San Bernardino Counties: Sealer/mixer 14.54 3.52 Applicator operator, shuttle person and. squeegee person 12.88 3.52 Traffic surface protective coating applicator 15.15 3.52 Traffic control person 7.99 3.52 PARKING LOT STRIPING AND/OR HIGHWAY MARKING CLASSIFICATIONS: GROUP 1: STRIPER: Layout and application of painted traffic`'" stripes and marking; hot thermo plastic; tape traffic stripes and marking GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers; other traffic delineating devices; includes all related surface preparation -(sandblasting, water blasting, grinding) as part of the application process GROUP 3: TRAFFIC SURFACE ABRASIVES BLASTER: Removal -of traffic lines and markings; preparation of surface for coatings.and. traffic control devices GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER: Removes; relocates; installs; permanently affixed -roadside and parking delineating barricades, fencing, guard rail, cable anchor, retaining walls, reference signs, monument markers ---------------------------------------------------------------- PAIN1247A 10/01/1993 INYO, KERN AND MONO COUNTIES: Rates Fringes SOFT FLOOR LAYER 18 .5297 =-----------------------------------------------------5------- CA940002 - 34 03/04/1994 n PAIN1247B 08/01/1992 Rates Fringes LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO-, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: 23.30 SOFT FLOOR LAYER. ----- -------------------------------------------------6-4-- PAIN1399B 09/01/1993 IMPERIAL COUNTY: Rates Fringes 22.89 7.05 GLAZIER--------------------------------------------------------------- - PAIN1711A 10/13/1991 Rates Fringes IMPERIAL COUNTY: SOFT FLOOR LAYER 16.95 5.44 r _ pLAS0002B 08/05/1992 Rates Fringes LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO AND VENTURA COUNTIES: PLASTERER: , Work on single family homes and apartments up to 21.83 5.36 and including 3 stories 24.83 5.36 All other work ----------- PLAS0052B 07/01/1993 Rates Fringes CEMENT MASONS: Work on wood or metal frame construction of single family residences, apartments and condominiums (does not include projects that exceed 3 stories; any utility work, .such as telephone, gas, water, sewer and other utilities; or any work outside property lines, including curbs, gutters and 15.00 4.15 sidewalks) Work on projects where the total CA940002 - 35 03/04/1994 permit value of the general contract and all subcontracts upon that jobsite is $7.5 million or less: Cement mason; Cement mason; Curb and gutter machine; Clary and similar type of screed operator (cement only); Grinder; Jackson vibratory, Texas screed and similar type screed operator; Scoring machine operator Cement mason (magnesite - epoxy) Cement mason, floating and troweling machine operator All other work: Cement mason, including but not restricted to the following: cellular cement mason, chipping; patching, grinding; setting all concrete forms and perimeter forms, including catch basin structures and drain inlets, setting curb form and plank, setting of lines, stakes and grades; setting screeds, which includes screed pins; cutting scoring and sawing new concrete, plugging, filling Shee-bolt holes; dry packing concrete and EMBECO; tending material hose on slabs, floors and decks; tending mixer -truck chute on slabs, floors and decks; bush hammering; patching and sacking, rodding, tamping, bidwell and similar type rodding machines, bull floating; Curb and gutter machine operator; Clary and similar type of screed operator (cement only); Grinding machine (all types) Jackson Vibratory, Texas Screed and similar type screed operator; Scoring machine operator Cement mason (magnesite, magnesite - terrazzo and mastic composition, Epoxy, 18.30 18.42 18.55 20.26 7.80 7.8.0 7.tO 9.80 It CA940002 - 36 03/04/1994 h urethanes and exotic 20.38 9.80 coatings, Dex-O-Tex) Cement mason floating and 9.80 troweling mmachine operator 20.51 ----------------------- ------------------------ - pLAS0191B 01/01/1983 Rates Fringes INYO, KERN AND MONO COUNTIES: PLASTERERS: 15.57 4.41 Plasterer 15.695 4.41 Nozzle operator -------- -------------------------------------------- - pLAS0341B 08/07/1991 Rates Fringes SANTA BARBARA COUNTY: 22.10 4.53 PLASTERER ------ ---------------------------- - pLAS0346B 05/01/1991 Rates Fringes IMPERIAL COUNTY: PLASTERER: Work on single family homes and apartments up to and 15.42 5.29 including 3 stories 18.42 5.29 All other work ---------_------ PLAS0775B 06/01/1982 Rates Fringes SAN LUIS OBISPO COUNTY: PLASTERER -.77 --------------- --------------------------------------21-------- PLUM0016G 07/01/1993 Rates Fringes IMPERIAL, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: PLUMBER; STEAMFITTER: Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, 4 Marine Corps Logistic Base at Yermo, San Nicolaus Island, and Twenty -Nine Palms Marine Base 27.96 7.54 Camp -Roberts, George Air Force Base and Vandenberg Air Force Base 30.06 7.54 Remainder of Counties and parts of Counties 27.81 7.54 LANDSCAPE & IRRIGATION WORK: Journeyperson 21.43 7.16 Tradesperson 8.28 2.60 FOOTNOTE: Duties of the landscape & irrigation tradesperson limited to: digging and/or backfilling with the exception of motorized equipment; clean-up and sweeping; pipe wrapping and waterproofing where tar or similar materials is applied for protection; operation of vibrating machines; coating and grouting of all pipe joints, holes or chases allied to the piping. ---------------------------------------------------------------- PLUM0250A 09/01/1993 Rates Fringes LOS ANGELES AND ORANGE COUNTIES: REFRIGERATION & AIR CONDITIONING 27.15 7.40 ---------------------------------------------------------------- PLUM0355B 07/01/1993 Rates Fringes INYO, KERN AND MONO COUNTIES: LANDSCAPE FITTER; UNDERGROUND UTILITY WORKER 22.00 2.70 ----------------------------------------------------------------- PLUM0364A 02/01/1987 Rates Fringes RIVERSIDE AND SAN BERNARDINO COUNTIES: REFRIGERATION & AIR CONDITIONING 19.55 1% + 5.78 ----=------------------------------------------------------------ PLUM0460A 01/01/1993 Rates Fringes INYO, KERN AND MONO COUNTIES: CA940002 - 38 03/04/1994 N i r r� PLUMBER; STEAMFITTER: Work at China Lake Naval Weapons Center and Edwards Air Force Base 27.11 5.93 Remainder of Area 22.11 5.93 ---------------------------------------------------------------- ROOF0027B 08/01/1993 Rates Fringes INYO, KERN AND MONO COUNTIES: ROOFER 18.90 5-.715 ROOF0036A 01/01/1994 Rates Fringes LOS ANGELES, ORANGE, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: ROOFERS: �- Roofer 20.27 6.635 Preparer (duties limited to the following: tear -off and/or remove any type of roofing or roofing material or spudding, or sweeping and/or clean-up, and/or preloading, or in preparing the roof for application of roofing, damp and/or waterproofing material) 15.55 1.00 ---------------------------------------------------------------- ROOF0045A 01/01/1991 Rates Fringes IMPERIAL COUNTY: ROOFER 18..70 3.38 ---------------------------------------------------------------- ROOF0146A 09/01/1992 Rates. Fringes RIVERSIDE AND SAN BERNARDINO COUNTIES: ROOFER 18.78 7.50 ---------------------------------------------------------------- CA94nOO2 — i9 0'1in4 ii 944 •� i SFCA0669B 01/01/1994 Rates Fringes REMAINDER OF COUNTIES AND PARTS OF COUNTIES: SPRINKLER FITTER 27.00 6.73 ---------------------------------------------------------------- SFCA0709A 01/01/1992 Rates Fringes LOS ANGELES COUNTY; ORANGE COUNTY (Catalina Island; San Clemente Island; city of Santa Ana; and remainder of Orange County within 25 miles beyond the city limits of Los Angeles); SAN BERNARDINO COUNTY (northern part of city of Chino; and cities of Montclair and Ontario); VENTURA COUNTY (Port Hueneme; Port Mugu,- city of Santa Paula; and remainder of Ventura County within 25 miles beyond the city limits of Los Angeles): SPRINKLER FITTER 30.22 11.64 ---------------------------------------------------------------- SHEE0102A 09/01/1992 Rates Fringes INYO COUNTY; KERN COUNTY (east of Hwy. 1395 from Red Mountain to the Inyo county line); LOS ANGELES COUNTY (south of a straight line drawn between Gorman and Big Pines, California; south of Imperial Hwy. to the city limits of Long Beach, including the city of Long Beach and the Island of Catalina); MONO,•ORANGE, RIVERSIDE AND SAN BERNARDINO COUNTIES: SHEET METAL WORKER: Los Angeles County (south of Imperial Hwy. to the city limits of Long Beach, including the City of Long Beach and the Island of Catalina) and Orange County: Work on all general sheet metal, heating and air conditioning, metal fireplace installation, and solar systems on single family dwellings, multiple family dwellings, tract homes, and apartment buildings individually conditioned by separate and independent units or systems 20.61 8.69 All other work 23.91 8.47 Inyo County, Kern County (east of (;a; Hwy. #395 from Red Mountain to the Inyo County line), Los CA940002 - 40 03/04/1994 1 SHEET METAL WORKER: Residential/light commercial (10,000 sq. ft. or less) 17.18 7.95 All other work 21.48 7.95 ---------------------------------------------------- : 08/01/1992 Rates Fringes LOS ANGELES COUNTY (south of a straight line drawn between Gorman and Big Pines, California; excluding the part south of Imperial Hwy. to the city limits of Long Beach, and excluding the city of Long Beach and the Island of Catalina): SHEET METAL WORKER 25.60 8.41 ------------------------------------------------ * SHEE0206B 09/01/1993 IMPERIAL COUNTY: Rates Fringes Ei'•f`.�Ykti SHEET METAL WORKER 21.45 8.60 --------------------- CA940002 - 41 03/04/1994 Angeles County (south of a straight line drawn between Gorman and Big Pines, California, and north of Imperial Hwy. to the city limits of Long Beach, excluding the City of Long Beach and the Island of Catalina), and Mono, Riverside and San Bernardino Counties: Work on all general sheet metal, heating and_air conditioning, metal fireplace installation, and solar systems on single family dwellings, multiple family dwellings, tract homes, and apartment buildings individually conditioned by separate and independent units or systems 20.61 8.69 All other work 23.76 ------------------------------------------------------ 8.47 SHEE0108A 01/01/1994 Rates Fringes KERN COUNTY (west of Hwy. #395 from Red Mountain to -the Inyo (' county line); LOS ANGELES COUNTY (north of a straight \ line drawn between Gorman and Big Pines, California): SHEET METAL WORKER: Residential/light commercial (10,000 sq. ft. or less) 17.18 7.95 All other work 21.48 7.95 ---------------------------------------------------- : 08/01/1992 Rates Fringes LOS ANGELES COUNTY (south of a straight line drawn between Gorman and Big Pines, California; excluding the part south of Imperial Hwy. to the city limits of Long Beach, and excluding the city of Long Beach and the Island of Catalina): SHEET METAL WORKER 25.60 8.41 ------------------------------------------------ * SHEE0206B 09/01/1993 IMPERIAL COUNTY: Rates Fringes Ei'•f`.�Ykti SHEET METAL WORKER 21.45 8.60 --------------------- CA940002 - 41 03/04/1994 SHEE0273A 08/01/1993 Rates Fringes SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES: SHEET METAL WORKER 24.16 8.13 ---------------------------------------------------------------- TEAM0011A 07/01/1993 Rates Fringes TRUCK DRIVERS: Camp Roberts; Edwards Air Force Base; E1 Centro; Fort Irwin; George Air Force Base; Mountain Warfare Training Center (Bridgeport); Naval Air Facility; Naval Air Weapons Station, China Lake; Nebo Marine Ballistic Base (Yermo); Point Arguello; Point Conception; Twenty -Nine Palms Marine Base; and Vandenberg Air Force Base: GROUP 1 20.79 10.81 GROUP 2 20.94 10.81 GROUP 3 21.07 10.81 GROUP 4 21.12 10.81 GROUP 5 21.20 10.81 GROUP 6 21.32 10.81 GROUP 7 21.57 10.81 GROUP 8 22.02 10.81 GROUP 9 22.32 10.81 GROUP 10 22.82 10.81 Remainder of Counties and parts of Counties: GROUP 1 18.79 10.81 GROUP 2 18.94 10.81 GROUP 3 19.07 10.81 GROUP 4 19.12 10.81 GROUP 5 19.20 10.81 GROUP 6 19.32 10.81 GROUP 7 19.57 10.81 GROUP 8 20.02 10.81 GROUP 9 20.32 10.81 GROUP 10 20.82 10.81 TRUCK DRIVER CLASSIFICATIONS: GROUP 1: Teamster »:• GROUP 2: Driver of vehicle or combination of vehicles of 2 CA940002 - 42 03/04/1994 {: axles (including all vehicles less than 6 tons); Traffic control pilot car, excluding moving heavy equipment permit load GROUP 3: Truck -mounted power broom GROUP 4: Driver of vehicles or combination of vehicles of 3 axles GROUP 5: Boot person; Cement distributor; Erosion control driver; Fuel truck; Water truck, 2 -axle GROUP 6: bump, less than 16 yds. GROUP 7: Transit mix, under 3 yds.; Dumperete, less than 6- 1/2 yds. GROUP 8: Water truck, 3 or more axles GROUP 9: PB and similar type truck when performing within the Teamsters' jurisdiction; Pipeline and utility working truck including winch, but limited to truck applicable to pipeline and utility work, where a composite crew is used; Slurry driver; Truck greaser and tire worker (50 cents per ,--.1 hour additional for tire) GROUP 10: Water pull twin engine; Water pull twin engine with attachments FOOTNOTE: Winch truck driver - $1.25 additional when operating winch or similar special attachments. -------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award ..only*as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (v)) . ------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. f�;";:`•r END OF GENERAL DECISION CA940002 - 43 03/04/1994 CITY OF DIAMOM" RAR AGENDA KBPOlzT� � AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: March 29, 1994 DATE: April 5, 1994 FROM: Bob Rose, Director of Community Services TITLE: Acceptance of Irrigation System and Trees installed along Route 60 Freeway by Coast Landscape Construction, Inc. SUMMARY: The City Council, at their regular meeting of July 6, 1993 awarded the contract for the irrigation system and the planting of trees along Route 60 Freeway to Coast dscape installation of the to accepted Construction, Inc., the lowest responsible bidder. The work has been completed and is prepared � C the City. Beginning May 1, sPon the portion of this project that is located on the Route 60 Freeway right - 1994, of -way will be maintained by the State of California (CalTrans). ATION: It is recommended that the City Council accept the work performed by Coast RECOMMEND Notice of Completion. Landscape Construction, Inc. and authorize the City Clerk to file the proper LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification Resolution(s) ._ Bid Specification (on file in City Clerk's Office) Ordinance(s) x Other: Notice of Completion — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environment impact been assessed? 4. Has the report been reviewed by a Commission? 5. Are other departments affected by the report? departments: Report discussed with the followingaffected Community Services REVIEWED BY: Terrence L. Belanger Frank .Usher City Manager Assistant City Manager c:\wp6O\ inds \ag dp-9\st60cont.bob yes X No Majority —Yes X No —Yes X No —Yes X No Rose Community Services Director RECORDING RF711E5TED By ANC WHEN RECORCE6 MAiL r'C Kane City of Diamond Bar Ste. 00 Street 21660 E. Copley Drive, Ad :,es, 91 765-4177 CR& Diamond Bar, CA State J L NOTICE OF COMPLETION Notice pursuant to C'vll Code Section 3093must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that. Or described: 1 The undersigned 's owner or corporate officer of the owner of the interest or estate stated below in the Property 2. The full name of the owner is — City of Diamond Bar 00 3. The full address of the owner is 21660 E. Co le Drive Ste. 1 Diamond Bar, CA 91765 4. The nature of the Interest or estate of the owner is. In fee _ act of purchase." or "lessee') iIf other than tee. S1, , ' In tee and insert. for example. Durcnaser under con'r who hold title with the undersigned as joint tenants as tenants m common are: 5 The full names and full addresses of all persons, if any, ADDRESSES NAMES �-- A work of �mprcvement on the prope,ty herelnatter described was completed on March 21__l9-L4— overheat 9 1994 The work done was: nd in rson Park Landscape Improvements Along Route 60 Pre Coasteway LandscapeConstruction 1 The name of the contractor, f any, for such work of Improvement was Au ust 9 1 9 (Date of Contract) (If no contractor for _,, ,f morovement as a whale, ,nsort no e" I Diamond Bar ------ g. The property on which said wark of Improvement was completed Is in the city 01 — Route 60 Fr�?aWav = Los Anoeles State of California. and is described as follows �eXk--- Counly of an i between Golden n Springs and Phi 111 s Ranch Ro d on Park: 24142 E. S lean Glen Road Diamond Bar' Route none Peters 9. The street address of said property is ;(t no street address has been ofilciany assigned, insert "none'.) Dated.March 29, 1994 Veritical,, for Individual Owner Signature a parole officer dt owner named 1n paragraph 2 or his agent YEAIRCATION the declarant of the foregoing I, the undersigned. say: I am the i"Pre,,dedt ot- "Manage, of", "A partner ot". "Owner of etc. own knowledge. notice of completion; I have read said notice of completion and know the contents thereof. the same is true of my I declare under penalty of perjury that the foregoing is true and correct. a Bar California 1924—. at j (City where signed.) Executed On (Dale of signature.) (Person re of the Individual who, is swearing that the contents of the notice of completion are true.) NOTICE OF COMPLETION --y OLCCTTS FORM 1116 —AE` c �< innae Cla55 JI CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: April 5, 1994 REPORT DATE: March 28, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Traffic Signal Installation on Diamond Bar Boulevard at Fountain Springs Drive and Shadow Canyon Drive SUMMARY: On March 1, 1994, the City Council authorized staff to advertise for bids for the installation of traffic signals on Diamond Bar Boulevard at Fountain Springs and Shadow Canyon Drive. At this time, the City proposes to award a contract to the lowest responsible bidder, Macadee Electrical Construction. RECOMMENDATION: It is recommended that the City Council award a contract to Macadee Electrical Construction in the amount not -to -exceed $121,747.25 and provide a contingency of $12,000.00. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) -Ordinances(s) X Agreement(s) _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) 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. Belanger rank M. s r Geor a A. W City Manager Assitant City Manager Interim City c:1wp60\lindakaylagenda-9W-5-94.d1 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 5, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Traffic Signals Installation on Diamond Bar Boulevard at Fountain Springs Drive and Shadow Canyon Drive ISSUE STATEMENT: The City proposes to award a contract for the installation of traffic signals on Diamond Bar Boulevard at Fountain Springs Drive and Shadow Canyon Drive to Macadee Electrical Construction, the lowest responsible and most qualified bidder. RECOM[M[ENDATION: It is recommended that the City Council receive the bids and award the proposed contract to Macadee Electrical Construction for the installation of traffic signals on Diamond Bar Boulevard at Fountain Springs Drive and Shadow Canyon Drive in an amount not -to -exceed $121,747.25. Further, it is recommended that the Council authorize a contingency amount of $12,000 for project change orders to be approved by the City Manager. FINANCIAL SUMMARY: The total allocated project budget is $165,000 of Gas Tax Fund and $25,000 Developer's Fee. BACKGROUND: On March 1, 1994, the City Council authorized staff to advertise and receive bids for the installation of traffic signals on Diamond Bar Boulevard at Fountain Springs Drive and Shadow Canyon Drive. In response to the advertisements, a total of sixteen (16) contractors obtained plans and specifications for the project. DISCUSSION: Formal bids were received and opened on March 22, 1994 from seven (7) firms. The bid proposal included traffic signal construction, signing and striping. C:\WP60\LINDAKAY\CCR-94\SIGNALS.415 CITY OF DIAMOND BAR DIAMOND BAR BLVD./FOUNTAIN SPRINGS/ SHADOW CANYON SIGNALS APRIL 5, 1994 PAGE 2 The bids received were as follows: COMPANY TOTAL BID AMOUNT 1. Macadee Electrical Construction $121,747.25 2. Paul Garder Corporation $131,487.00 3. Signal Maintenance Inc. $132,571.84 4. Steiny and Company, Inc. $134,928.00 5. L & R Electric Co. $139,838.00 6. Paige Electric Co. $147,959.10 7. California Electrical Service $160,319.25 The bid of $121,747.25 submitted by Macadee Electrical Construction uction was been determined by staff to be the lowest responsible bid. The engineer's estimate t 00. It is anticipated that the construction will begin on June 6, 1994 and be completed by the end of August. Prepared By: David G. Liu C:\VP60\LINDAKAY\CCR-94\SIGNALS.415 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 Mayor and the City Attorney, by and between Macadee Electrical Construction hereinafter referred to as the" CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the Cityfs request for proposals, bids were received, opened and declared; and WHEREAS, City did accept the bid of Contractor Macadee Electrical Construction and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for the Traffic Signal Construction on Diamond Bar Boulevard at Fountain Springs Drive 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 on Diamond Bar Boulevard at Fountain Springs Drive and Shadow Canyon Drive. Said work to be performed in accordance with specifications and standards on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The undersigned bidder agrees to execute the contract within ten (lo) 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 City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and f ile . with the City a certification as follows: "I an aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance 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 sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 2 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." 5) Otherwise be in City. 3 a form satisfactory to the The surance rovided d. subparagraph a.oshallncontain aneendorsement for in 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 accordance at in with the provisions of California Labor gC de, Diven ivision 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of for work of a similar character in the locality in which them wages works is performed, and not less than the general Public of per diem wages for holiday and overtime work. Inethat lregard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Diamond Bar, California, and are available to any interestedDparty 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 twenty-five dollars ($25.00) for each laborer, workman or mechanic employed ,for each calendar da or laborer, workman or mechanic is y Portion thereof, if such pre- vailing rate of wages hereinbefore lstipulated less thanfor eany 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 provisions of Section 1777.5 of the LaborIn Code cease amended with the Chapter 971, Statutes of 1939, and in accordance with the 4 regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 5 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal days work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or' any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the Contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, Political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct Of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: 6 a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the Contractor. hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: 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 March 22, 1994. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such 7 termination, Contractor shall only be paid for services. rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. 583125 Macadee Electrical Construction 14771 Cherry Circle Chino Hills, CA 91709 Date By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: MAYOR By: CITY CLERK Date Contractor's Business Phone (909) 597-8348 Emergency Phone at which Contractor can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date c:\wp60\lindakay\agree-94\macadee 8 RECE[VED is e—aki 11. 03/27/1994 1225 �a,SS16R cityo Whimer O 13230 E. Penn Street, Whittler, California 90602-1772 �Hc,iaQe (310)945-8200 C_1 1909 861 8881 P.01 Bob L. Henderson Mayor Marek 23, 199+1 Helen MCKenris Rehdsr Mayor Pro Tom (�aire:xarmony Mayo# Pro Thum - City of DWnMd Har Allan P. Zoki*411 24IN A&INI o Coundi mernWr Dia UW Bat, CA 91763 Door Claim Michael E Sullsns Counoemember I think everybody who had the opportunity to attend the symposium at Whittier College on March 18 sit 19 knows what a tremaldous suw= that was• •It was Janet R. Hanks really a1COttraging to sec, not only w many elected officials singing off the Couneilmember saw song Munt, but also being so wonderfully supporlled by the biologists who Mule studied the area. ThoCitymManwer l` Tbosw of us who had the chance to speak thought that it might be a good idea if cub of the cities that is interested in furthering this discussion adopted a rosaludon to enTowor a formal continuation. The purpose of this interim ruaolu*m vmW be to spurt edueadn our wimils and out citizens about the need 1br eoopowive joint planning on this vital habitat area. We could that, possibly, move onto a formal JPA or ownavarwy in the no future in order to complete the fbtmalizakm of this process. A number of individual initiatives nes moving ahead in order to start acquiring some fka ft for soma of the property acquisition in the on, as well as poesiAc Wing for the uvcmU area, and we can discuss that at our meeting in Apdl•- In the `meantime, if you have any thoughts, oorrwdons, or additions to this psuposod draft, please give me a call, and we can discuss it. Hopefully, everybody will have a ciwnoa to get this adopted prior to the April meeting, if at all possible. I loW forward `bo seeing you in April. Bob Ileoderson Maya* RESOLUTION NO. 94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAXOND BAR, APPOINTING KAYOR GARY WERNER AND MAYOR PRO TZ)[ CLAIR HARMONY AS DELEGATES TO THE WILDLIFE CORRIDOR CONSERVANCY STUDY GROUP WHEREAS, in recognition of the fact that the wildlife corridor running from Whittier Narrows into Cleveland National Forest and north to the Chino Hills is a unique and valuable wildlife habitat; and WHEREAS, a number of informational discussions have been held to think about ways to plan the area; and WHEREAS, in order to give legal authority to the various municipalities encompassing the areas outlined it is warranted to form a study group. NOW, THEREFORE, BE IT RESOLVED THAT the City of Diamond Bar authorizes Mayor Gary H. Werner and Mayor Pro Tem Clair Harmony to serve as members of the study group to explore with other cities in the wildlife corridor that runs through the La Puente Hills from Whittier Narrows into the Chino Hills and south to Cleveland National Forest the possibility of becoming a Heritage Lands area under Federal Government regulations, and to explore the opportunity for federal, state or other funding for the preservation of the wildlife corridor. The study group will not have power to bind this Council and is only appointed to gather information on possible future joint planning with other neighboring areas. PASSED APPROVED AND ADOPTED this day of , 1994. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council on the day of , 1994 by the following Roll Call vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - CITY CLERK City of Diamond Bar rTTV N DIAM�KD BAR AGENDA RE ORT x11C.Mli1:>A KO. TO: Terrence L. Belanger, City Manager MEETING DATE: April 5, 1994 REPORT DATE: March 29, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Adoption of a 1994 Congestion Management Program (CMP) Conformance Self -Certification Resolution SUMMARY: In compliance with the 1993 Congestion Management Program (CMP) for Los Angeles County, the City of Diamond Bar is required to adopt a resolution self -certifying our conformance with the CMP by May 1, 1994. This includes the jurisdiction documenting its participation in the countywide deficiency plan, accomplished through annual submittal of a local implementation report. RECOMMENDATION: That the City Council adopt Resolution No. 94 -XX entitled "A Resolution of the City of Diamond Bar, California, finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report, in accordance with California Government Code Section 65089". LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: X 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: mart-Terrence(L. Belanger Frank s r eorge A. Wentz City Manager Assistant City Manager Interim City Engineer enT1�Y ODCT�lL.=i Ll�I��QT AGENDA NO. MEETING DATE: April 5, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Adoption of a 1994 Congestion Management Program (CMP) Conformance Self -certification Resolution ISSUE STATEMENT: In compliance with the 1993 Congestion Management Program (CMP) for Los Angeles County, the City of Diamond Bar is required to adopt a resolution self -certifying our conformance with the CMP by May 1, 1994. This includes the jurisdiction documenting its participation in the countywide deficiency plan, accomplished through annual submittal of a local implementation report. RECOMMENDATION: That the City Council adopt Resolution No. 94 -XX entitled "A Resolution of the City of Diamond Bar, California, finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report, in accordance with California Government Code Section 65089". FINANCIAL SUMMARY: The City receives various gas taxes, State, and Federal Funds as sources for Public Works operations and CIP projects. If the City fails to report it's compliance with the CMP requirements annually, the State of California may withhold our monies for non-conformance. BACKGROUND/DISCUSSION: The 1993 Congestion Management Program (CMP) for Los Angeles County was adopted by the MTA Board of Directors in November of 1993. The CMP has been developed to meet the requirements of the State statute. It is intended to address regional congestion by linking transportation, land use, air quality decisions. As required by statute, the CMP has the following five elements: 1. A system of highways and roadways with minimum level of service performance standards designated for highway segments and key roadway intersection on this system; 2. Transit standards for frequency and routing of transit service and coordination between transit operators; 3. A trip reduction and travel demand management element promoting alternative transportation methods during peak travel periods; 4. A program to analyze the impacts of local land use decisions on the regional transportation system, including an estimate of the costs of mitigating those impacts; and Page Two CMP: 1994 March 29, 1994 5. A capital improvement program. Additionally, the 1993 CMP adds procedures for meeting deficiency plan requirements/responsibilities. There are no deficiency plan requirements in the previous CMP. Because of the high levels of congestion, complex patterns, and diversity of communities in Los Angeles, it was determined that a countrywide deficiency plan would be most effective. The City Council has previously adopted a Congestion Management Plan which is in compliance with MTA requirements. For 1994, local CMP Conformance will be based on meeting the following. major program responsibilities. These responsibilities must be confirmed in a self -certification resolution locally adopted at a noticed public hearing by May 1, 1994: * Continues implementation of the CMP transportation demand management (TDM) ordinance. This Ordinance No. 01 (1993), which encourages carpooling, vanpooling transit ridership and non -motorized transportation was adopted at the March 16, 1993 City Council meeting. * Continued implementation of the CMP land use analysis program to analyze the impacts of new development on the regional transportation system. Appropriate land use evaluation guidelines were included as part of the aforementioned TDM Ordinance No. 01 (1993). * Commitment by the jurisdiction to implement the development activity tracking system by June 1, 1994. * Completion of a Local Implementation Report. This report will include a list of transportation improvements implemented since January 1, 1990 for which the jurisdiction is claiming deficiency plan credit i.e. public works improvements, planning and zoning programs, transit services, and ridesharing programs. Conformance of the CMP assures the continued flow of Section 2105 state gas tax funds, and preserves our eligibility for state and federal funding for transportation projects. PREPARED BY: David G. Liu Tseday Aberra RESOLUTION NO. 94- A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 WHEREAS, the Los Angeles County Transportation Authority ("MTA"), acting as the Congestion Management Agency for Los Angeles County, adopted the Congestion Management Program on November 17, 1993; and WHEREAS, the adopted CMP requires that MTA annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, the adopted CMP requires submittal to the MTA of the CMP local implementation report by May 1, 1994; and WHEREAS, the City Council held a noticed public hearing on April 5, 1994. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City of Diamond Bar has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 1993 CMP. The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management Chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program Chapter. That by November 1, 1994, the City will forward to Los Angeles County Metropolitan Transportation Authority a list of regional transportation improvements implemented by the City since January 1, 1990, as the basis for establishing credits, consistent with the requirements identified in the CMP Countywide Deficiency Plan Chapter. That as of June 1, 1994, the City will begin tracking new development activity, consistent with the requirements identified in the CMP. This information will be annually tabulated, as the basis for establishing the City's mitigation responsibility under the Countywide Deficiency Plan. Section 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. 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, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAINED: COUNCILMEMBER: , 1994, by the LYNDA BURGESS, City Clerk City of Diamond Bar NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN by the City Council of the City of Diamond Bar that, pursuant to California Government Code, Section 66016, a public hearing will be held by the City Council on Tuesday, April 5, 1994, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the AQMD Auditorium, 21665 East Copley Drive, Diamond Bar, California for the purpose of considering the following: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FINDING THE CITY TO BE IN COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 ALL PERSONS INTERESTED are invited to attend said hearing and express opinions on the matter outlined above. Written comments regarding this matter may be submitted to the City Clerk's Office anytime prior to the hearing. FURTHER INFORMATION may be obtained by calling the City Clerk's Office at (909) 860-2489. DATED: March 16, 1994 /s/ Lynda Burgess, City Clerk City of Diamond Bar Publish: March 18, 1994 CITY OF DIAMOND BAR Z AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: April 5, 1994 REPORT DATE: March 30, 1994 FROM: James DeStefano, Community Development Director TITLE: Consideration of an ordinance amending Title 22 of the Los Angeles County Code by adding a new Chapter 22.54 establishing property maintenance standards (Zone Code Amendment No. 93-3). SUMMARY: Due to a number of complaints regarding the deteriorating condition of residential, commercial and industrial property in the city, the Planning Commission has drafted a Property Maintenance Ordinance for City Council's review and approval. RECOMMENDATION: Staff recommends that the City Council open the public hearing, take testimony, waive full reading and adopt for first reading Ordinance No. XX (1994) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE BY ADDING A NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS. LIST OF ATTACHMENTS: X Staff Report 2L Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Ordinances(s) Agreement(s) X Other - Planning Commission Minutes and Comparison Matrix EXTERNAL DISTRIBUTION: None 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 No 3. Has environmental impact been assessed? X Yes — No 4. Has the report been reviewed by a Commission? X Yes — Which Commission? Yes X No 5. Are other departments affected by the report? — Report discussed with the following affected departments: REVIEWED BY: Terrence .Belanger rank U er �es DeStefano City Manager Assistant City Manager Community Development Director MEETING DATE: TO: FROM: CITY COUNCIL REPORT AGENDA NO. April 5, 1994 Honorable May and Members of the City Council Terrence L. Belanger, City Manager SUBJECT: Consideration of an ordinance amending Title 22 of the Los Angeles County Code by adding a new chapter 22.54 establishing property maintenance standards (Zone Code Amendment No. 93-3). ISSUE STATEMENT: Due to a number of complaints regarding the deteriorating condition of residential, commercial and industrial property in the city, the Planning Commission has drafted a Property Maintenance Ordinance for City Council's review. BACKGROUND: In early 1993, the City Council Code Enforcement Subcommittee began crafting a Property Maintenance Ordinance (PMO) responding to ity. Council subcommittee members, staff, and complaints received by the Cover and representatives of the Diamond Bar Improvement Association (DBIA) several months to develop property maintenance standards for the community. The standards are designed to respond to identified concerns regarding the general deteriorating appearance and condition of certain properties within the City. The City is limited, currently, in its resources with respect to responding to the problem of deteriorating property conditions and lack of property maintenance. The City enforces the current county codes, as amended, including the Zoning Ordinance, and the various Uniform Codes which it has adopted. The current tools for enforcement have proven ineffective. The problem of deteriorating property and lack of property maintenance is increasing due to the age of our housing stock and the expiration of private covenants, conditions, and restrictions previously placed on property throughout the City. The subcommittee examined property maintenance ordinances enacted by the cities of Brea, Buena park, Chino, Glendora, La Puente, Montclair, ntrand San Marino, Walnut and Yorba Linda. Draft documents were prepared reviewed by the Los Angeles County Deputy District Attorney and the previous City Attorney. The Draft Ordinance was presented to the Planning Commission in September 1993. The ordinance identifies the lack of property maintenance as a contributing factor to the physical deterioration of residential, commercial, and industrial property. The deterioration may lead to 'of the ordinance a decline in peeto rty values and aesthetic quality of the City. The pure preserve and improve the overall condition of properties and structures within the city. 1 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �2s TO: Terrence L. Belanger, City Manager MEETING DATE: April 5, 1994 REPORT DATE: March 30, 1994 FROM: James DeStefano, Community Development Director TITLE: Consideration of an ordinance amending Title 22 of the Los Angeles County Code by adding a new Chapter 22.54 establishing property maintenance standards (Zone Code Amendment No. 93-3). SUMMARY: Due to a number of complaints regarding the deteriorating condition of residential, commercial and industrial property in the city, the Planning Commission has drafted a Property Maintenance Ordinance for City Council's review and approval. RECOMMENDATION: Staff recommends that the City Council open the public hearing, take testimony, waive full reading and adopt for first reading Ordinance No. XX (1994) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE BY ADDING A NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS. LIST OF ATTACHMENTS:.X Staff Report 2L Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Ordinances(s) Agreement(s) Other - Planning Commission Minutes and Comparison Matrix EXTERNAL DISTRIBUTION: None 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? X Yes s No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: City Manager Assistant City Manager ames DeStefano Community Development Director The ordinance responds to identified concerns related to storage of materials and motor vehicles in the front and side yard areas visible from the street. Maintenance of buildings, landscaping, fences and walls, and parking areas are also addressed. Abatement procedures have been crafted setting forth notification, hearing and assessment processes. PLANNING COMMISSION ACTION: The Planning Commission began its reviewing of the subcommittee draft ordinance in September 1993. The commission held public hearings, on October 11, and December 13, 1993, and January 24, February 14, and February 28, 1994, The Planning Commission concluded its review by recommending unanimously that the City Council adopt the attached Property Maintenance Ordinance. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt pursuant to Sections 15305 and 15321. PUBLIC HEARING NOTIFICATION: The original public hearing for the Property Maintenance Ordinance was publicly noticed in accordance with State and local requirements and a mailing was sent to a list of interested parties. PREPARED BY: James DeStefano Community Development Director attachments: Planning Commission Resolution City Council Ordinance No. 94 -XX Property Maintenance Comparison Matrix Planning Commission Minutes Public Hearing Ads 2 RESOLUTION NO. 94-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPT AN ORDINANCE WHICH ESTABLISHES A PROPERTY MAINTENANCE ORDINANCE (CASE NO. ZCA 93-3) A. Recitals. (i) The City of Diamond Bar has determined that existing County Codes applicable to the Property Maintenance Standards within the City of Diamond Bar fail to provide standards suitable and appropriate for the City. (ii) The City Council has charged the Planning Commission with. development of a Property Maintenance Ordinance which constitute and establish standards for the City which satisfy the aspirations and expectations of Diamond Bar. (iii) The Planning Commission has reviewed the proposed Property Maintenance Ordinance at public hearings held October 11, 1993, December 13, 1993, January 24, 1994, February 14, 1994 and February 28, 1994. The Commission has duly considered public testimony presented at the hearing, as well as technical analysis provided by City Staff. (iv) The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations has determined that the Property Maintenance Ordinance attached hereto as Exhibit "A": and incorporated by reference into this Resolution satisfy and 1 exemplify the goals and needs of the community. The Planning Commission has duly considered the issues related to property maintenance so as to provide maximum benefit and minimum detriment to the community. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. BE IT RESOLVED by the Planning Commission of the City of Diamond Bar as follows: 1. In all respects as set forth in paragraph A, Recitals, as set forth hereinabove. 2. The Planning Commission hereby recommends that the City.Council adopt the Property Maintenance Ordinance for the City of Diamond Bar attached hereto as Exhibit "A" and incorporated herein by reference. 3. The Planning Commission finds and determines that the ordinance proposed by this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Sections 15305 of Division 6 of Title 14 of the California Code of Regulations. 4. The Planning Commission finds and determines that in accordance with Section 65361 of the California Government Code that there is little or no probability that the project will be detrimental to or interfere with the future adopted General Plan of the City of Diamond Bar. 0 5. the Secretary of the Planning Commission is hereby directed to certify to the adoption of this Resolution and is further her directed to promptly submit the recommended property Maintenance Ordinance to the City Council for their review and consideration. 1994. PASSED, ADOPTED AND APPROVED THIS 28th of February, Chair an Of the Planning Commission of Secretary that the foregoing I, James DeStefano, do hereby certify at a regular the City Of Diamond Bar, adopted and approved passed, of Diamond Bar Resolution was P Commission of the City the following meeting of the Planning 1994, by held on held on the 28th of February, vote-tO-wit: Meyer, Plunk+ Flamenbaum, AYES*[COMMISSIONERS:] Grothe and Li NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] ���,��� Secretary to the Planning Commission 3 ORDINANCE NO. (1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE BY ADDING A NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS. A. Recitals. (i) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California and, on that date, the City Council adopted, by reference, the Los Angeles County Code as the ordinances of the City, including Title 22 thereof, pertaining to Planning and Zoning Regulations for the City of Diamond Bar. (ii) The Planning Commission of the City of Diamond Bar has heretofore conducted and concluded a duly noticed public hearing, as required by law, and has recommended the adoption of the Ordinance set forth below. (iii) The City Council of the City of Diamond Bar has heretofore conducted and concluded a duly noticed public hearing, as required by law, with respect to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. The City of Diamond Bar does ordain as follows: Section _j. In all respects as set forth in the Recitals, part A, of this Ordinance. 1 Section 2. The City Council hereby finds and determines that the adoption of this Ordinance is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Section 15305 of Division 6 of Title 14 of the California Code of Regulations. lee" 2. A new Chapter 22.54 is hereby added to Title 22 of the Los Angeles County Code as amended & adopted by the City, to read, in words and figures, as follows: "Chapter 22.54 PROPERTY MAINTENANCE STANDARDS Parts: 1. Purpose and Intent 2. Definitions Standards 3. Single-Family 4. Multifamily Standards 5. Commercial Standards 6. Industrial Standards 7. Abatement Procedures Part 1 PURPOSE AND INTZNT Sections: 22.54.010 Purpose and Intent The lack of property maintenance contributes to the deterioration of residential, commercial and industrial properties, including structures, landscaping and improvements ing. decline in property values within the thereon, and a result City of Diamond Bar. Such deterioration may lead to an overall decline of aesthetic quality within the City including the quality of the appearance of residential, commercial and industrial neighborhoods. Further, deteriorating conditions of 2 property may contribute to the creation of conditions adverse to the public health, safety and welfare. Establishing property maintenance standards, through the adoption of this Ordinance, will serve to preserve and improve the overall condition of properties and structures in the City of Diamond Bar, and will further serve to minimize the creation of conditions which pose a risk to the public health, safety and welfare. It is the intent of the City Council of the City of Diamond Bar, in adopting this Ordinance, to be sensitive to the needs of financially and/or physically disadvantaged residents, while concurrently providing a useful property maintenance enforcement tool to be utilized when notification of responsible parties and attempts to prevent or eliminate the conditions described herein have proven ineffective. Part 2 DEFINITIONS sections: 22.54.020 Purpose 22.54.030 Nuisances in General 22.54.040 Public Nuisance 22.54.050 Nuisance Per Se 22.54.060 Commercial Vehicles 22.54.070 Driveway 22.54.080 Yard 22.54.020 Purpose For the purposes of this chapter, and in addition to the definitions set forth in the previous chapters of this code, certain terms, phrases and words and their derivatives shall be 3 defined as set out in this section. Words used in the singular include the plural and vice versa. 22.54.030 Nuisances in General State law defines a "nuisance" as being "anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property." Cal. Civ. Code 8370 (1992); Cal. Penal Code § 3479. 22.54.040 Public Nuisance A public nuisance affects an entire community or neighborhood, or any considerable number of persons at the same time, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Cal. Civ. Code § 3480. A public nuisance is an act or omission which interferes with the interests of the community or the comfort or convenience of the general public and interferes with the public health, comfort and convenience. 22.54.050 Nuisance Per Be Examples of activities that are nuisances per se include water pollution by discharge, structures which amount to a fire hazard, noise, air pollution, weeds, rubbish and refuse, junkyards, earth movement and illegal signs. 4 22.54.060 Commercial Vehicles (a) A "commercial vehicle" is a vehicle of a type required to be registered under the Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. (b) Passenger vehicles which are not used for the transportation of persons for hire, compensation, or profit and housecars are not commercial vehicles. (c) Any vanpool vehicle is not a commercial vehicle. 22.54.070 Driveway (a) That approach portion of the road right of way where motor vehicles enter or leave the highway onto private property. (b) A private roadway providing access to a street, highway or off-street parking facilities. 22.54.080 Yard (a) "Front yard" means a yard extending across the full width of a lot between the front lot line and any main building, including the projection of the main building to the side lot lines.(See Diagram A) (b) "Side yard" means a yard extending from the front yard to the rear yard between the side lot line and any main or accessory building. In the case of a side yard abutting a street, the side yard is considered as extending from the front yard to the rear lot line.(See Diagram A) 5 (c) "Rear yard means a yard extending across the full width of a lot between the rear lot line and any main building, including the projections of the main building to the side lot lines except as noted in 2 above. (See Diagram A) 22.54.090 Code Enforcment Official Code Enforcement Official shall mean the City Manager or any person authorized or designated by the City Manager to enforce the provisions of this Ordinance. Part 3 SINGLE-FAMILY STANDARDS Sections: 22.54.100 Scope. 22.54.110 Storage --Front yard/side yard abutting a street. 22.54.120 Motor vehicle parking. 22.54.130 Building maintenance. 22.54.140 Landscape maintenance. 22.54.150 Fence and wall maintenance. 22.54.100 SCOPE The standards specified in Part 2 shall apply to all lots or parcels within the City designated as single- family, and shall govern over any inconsistent, less stringent provisions contained in this Code. 22.54.110 Storage --Front yard/side yard abutting a street. A. The entire front yard, and side yard visible from an adjacent street or sidewalk, shall be kept and maintained free and clear of all construction and automotive 6 materials or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, dismounted camper shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. B. Notwithstanding the provisions of subsection A of this section, emergency or minor repairs of a motor vehicle owned by a person residing upon the lot or parcel may be conducted on an otherwise operative motor vehicle upon a paved driveway or paved parking area; provided, however, that such emergency or minor repair shall be concluded within ten (10) consecutive days of the commencement thereof or up to thirty (30) days at the discretion of the hearing officer. C. Notwithstanding the provisions of subsections A and B of this section, a side yard abutting a street shall be screened by an approved wall or fence. 22.54.120 Motor Vehicle Parking A. All parking of motor vehicles, including recreational vehicles, on a single-family lot or parcel shall occur within a garage, or carport, or upon a driveway or other paved parking area which is in compliance with all applicable codes. If parked on a side yard, an open pedestrian walkway of a width of not less than 36" shall be maintained on one side yard for public safety access purposes. B. No person shall park or store any commercial vehicle, trailer or related equipment for any period in excess of 72 hours provided that no more than two such permitted vehicles may be parked on any such lot or parcel at any one time. 7 22.54.130 Building Maintenance All buildings, structures and paved areas within any lot or parcel designated as single-family shall be kept and maintained in a manner so as not to constitute a public nuisance or a nuisance per se. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions. 22.54.140 Landscape maintenance All landscaped areas within the front yard of any developed lot or parcel designated as single-family shall be kept and maintained in a manner so as not to constitute a.public nuisance or nuisance per se. Landscaped areas shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to keep the same in a healthy growing condition. Irrigation systems shall be maintained in such a manner as to prevent public health or safety hazards. 22.54.150 Fence and Nall maintenance A. All fences and walls upon any lot or parcel designated as single-family shall be kept and maintained in compliance with all applicable codes and in a manner so as not to constitute a public nuisance or nuisance per se and to protect 8 the health, safety and welfare of the user, occupant and the general public. B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such material, as permitted by applicable law. Part 4 MULTIFAMILY STANDARDS Sections: 22.54.160 Scope. 22.54.170 Storage -Yards 22.54.180 Storage -Garages and carports 22.54.190 Motor vehicle parking 22.54.200 Building maintenance 22.54.210 Landscape maintenance 22.54.220 Fence and wall maintenance 22.54.230 Maintenance of parking and similar areas 22.54.160 Scope The standards specified in Part 4 shall apply to all lots or parcels within the City designated as multi -family, and shall govern over any inconsistent, less stringent provisions. contained in this Code. 22.54.170 Storage --Yards A. The entire front yard and side yard abutting a street shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, boats, camper shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. All rubbish, 9 trash and debris shall only be kept within approved trash enclosure(s). B. "Notwithstanding the provisions of subsection A of this section, emergency or minor repairs of a motor vehicle owned by a person residing upon the lot or parcel may be conducted on an otherwise operative motor vehicle upon a paved driveway or paved parking area; provided, however, that such emergency or minor repair shall be concluded within ten (10) consecutive days of the commencement thereof or a maximum of thirty (30) days as approved by the hearing officer. 22.54.180 Storage --Garage and carports No storage of materials, including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, equipment, debris, inoperative motor vehicles, camper shell not mounted on motor vehicles or boats and trailers shall be permitted within any garage or carport so as to restrict the parking of an operative motor vehicle in the required parking spaces. 22.54.190 Motor vehicle parking A. All parking of motor vehicles on a multifamily lot or parcel shall occur within a garage, or carport, or upon a driveway or other paved parking area which is in compliance with all applicable codes. If parked on a yard, an open pedestrian walkway of a width of not less than 36" shall be maintained on one side yard for public safety access purposes. 10 B. No person shall park or store any commercial vehicle, trailer or related equipment for any period in excess of 72 hours provided that no more than two such permitted vehicles may be parked on any such lot or parcel at any one time. 22.54.200 Building maintenance All buildings, structures and paved areas within any lot or parcel designated as multifamily shall be kept and maintained in a manner so as not to constitute a public nuisance or nuisance per se. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions. 22.54.210 Landscape maintenance All landscaped areas within the front yard of any lot or parcel designated as multifamily shall be kept and maintained in a manner so as not to constitute a public nuisance or nuisance per se. Landscaped areas shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, and broken or.defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be maintained in such a manner as to prevent public health or safety hazards. 11 22.54.220 Fence and wall maintenance A. All fences and walls upon any lot or parcel designated as single-family shall be kept and maintained in compliance with all applicable codes and in a manner so as not to constitute a public nuisance or nuisance per se and to protect the health, safety and welfare of the user, occupant and the general public. B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, as permitted by applicable law. 22.54.230 Maintenance of parking and similar areas All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel designated as multifamily shall be kept and maintained so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. parking space delineation, pavement striping and related features and signs shall be repainted, refurbished and/or replaced when the same become faded, damaged or destroyed to such an extent as to no longer be effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below. 12 Part 5 COMMERCIAL STANDARDS sections: 22.54.240 Scope. 22.54.250 Storage in yards. 22.54.260 Motor vehicle parking. 22.54.270 Building maintenance. 22.54.280 Landscape maintenance. 22.54.290 Fence and wall maintenance 22.54.300 Maintenance of parking and similar areas. 22.54.240 scope. The standards specified in Part 5 shall apply to all lots or parcels within the City designated as commercial, and shall govern over any inconsistent, less stringent provisions contained in this Code. 22.54.250 storage in yards. All storage within front and side yard areas approved by the City or permitted by the zoning ordinance shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. 22.54.260 Motor vehicle parking A. All parking of motor vehicles on a commercial lot or parcel shall occur upon a paved parking area which is in compliance with all applicable codes. If parked on one side yard, an open pedestrian walkway of a width of not less than 36" shall be maintained for public safety access purposes. 13 B. No person shall park or store any commercial vehicle, trailer or related equipment for any period in excess of 72 hours provided that no more than two such permitted vehicles may be parked on any such lot or parcel at any one time. 22.54.270 Building Maintenance All buildings, structures and paved areas within any lot or parcel designated as commercial shall be kept and maintained in a manner so as not to detract from the neighborhood and to protect the health, safety and welfare of the user, occupant and general public. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions. 22.54.280 Landscape maintenance All landscaped areas within the front yard of any lot or parcel designated as commercial shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, substantially free of weeds, debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. 14 22.54.290 Fence and wall maintenance A. All fences and walls upon any lot or parcel designated as commercial shall be kept and maintained in compliance with all applicable codes and in a manner so as not to constitute a public nuisance or nuisance per se and to protect the health, safety and welfare of the user, occupant and the general public. lls utilized for screening B. All fences and wa purposes as required by this Part, shall be constructed of such materials, as permitted by applicable law. 22.54.300 maintenance of parking and similar areas All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel designated as commercial shall be kept and maintained so as to not detract from rm he the appearance of the immediate neighborhood and to protect t health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, areas. Parking sinkholes, standing water, cracks and/or broken space delineation, pavement striping and related features and signs shall be repainted, refurbished and/or replaced when the same become faded, damaged or destroyed to such an extent as to no longer be effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below. The provisions contained within this Section shall apply to private property open to the public. 15 Part 6 Industrial standards Sections: 22.54.310 Scope. 22.54.320 Storage in yards. 22.54.330 Motor vehicle parking. 22.54.340 Building maintenance. 22.54.350 Landscape maintenance. 22.54.360 Fence and wall maintenance. 22.54.370 Maintenance of parking and similar areas 22.54.310 The standards specified in Part 6 shall apply to all lots or parcels within the city designated as industrial, and shall govern over any inconsistent, less stringent provisions contained in this code. 22.54.320 storage in yards All storage within yard areas approved by the City or permitted by the zoning ordinance shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. 22.54.330 Motor vehicle parking A. All parking of motor vehicles on an industrial lot or parcel shall occur upon a paved area which is in compliance with all applicable codes. If parked on one side yard, an open pedestrian walkway of a width of not less than 36" shall be maintained for public safety access purposes. B. No person shall park or store any commercial vehicle, trailer or related equipment for any period in excess of 16 72 hours provided that no more than two such permitted vehicles may be parked on any such lot or parcel at any one time. 22.54.340 Building Maintenance All buildings, structures and paved areas within any lot or parcel designated as industrial shall be kept and maintained in a manner so as not to constitute a public nuisance or nuisance per se. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions. 22.54.350 Landscape maintenance All landscaped areas within the front yard of any lot or parcel designated as industrial shall be kept and maintained in a manner so as not to constitute a public nuisance or nuisance per se Landscaped areas shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be maintained in such a manner so as to prevent public health or safety hazards 22.54.360 Fence and wall maintenance A. All fences and walls upon any lot or parcel designated as industrial shall be kept and maintained in 17 compliance with all applicable codes and in a manner so as not to constitute a public nuisance or nuisance per se and to protect the health, safety and welfare of the user, occupant and the general public. 1. Sagging, broken, rotted or defective support posts or other structural or decorative member; 2. Missing fence boards; 3. Damaged or missing blocks from a block wall. 4. Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall areas; 5. Chain link fence material which is damaged or broken. B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, as permitted by applicable law. 22.54.370 Maintenance of parking and similar areas All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel designated as industrial shall be kept and maintained so as to not detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space delineation, pavement striping and related features and signs shall be repainted, refurbished and/or replaced when the 18 same become faded, damaged or destroyed to such an extent as to no longer be effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below. The provisions contained within this Section shall. apply to private property open to the public. DIAGRAM A ]ILLUSTRATION OF LOT LINE AND YARD DESIGNATIONS Street (Curb face) 19 11 U w Front Lot Line a .. FRONT YARD . i i G7 I •� ..+ I ------------- p f'n I I I j MAIN I -- a I w ' BUILDING ra Cd p b ., I : G I b0 ------------ -REAR REAR YARD Rear Lot Line 19 11 U w Part 7 ABATEMENT PROCEDUREs Sections: 22.54.400 Procedures for Abatement of Public Nuisances 22.54.410 Appeals 22.54.420 Abatement of Public Nuisance by the City 22.54.430 Abatement of Imminently Dangerous Public Nuisance 22.54.440 Account of Abatement Costs 22.54.450 Procedure for Special Assessment 22.54.460 Hearing on Proposed Assessment Abatement. 22.54.470 Contest of Assessment 22.54.480 Notice of Lien 22.54.490 Procedures for Collection with Regular Taxes 22.54.500 Remedies of Private Parties 22.54.510 Right of Entry 22.54.520 Continuing Violations 22.54.530 Penalty for Violation 22.54.540 Injunction 22.54.550 Severability 22.54.400 Procedures for abat.+n ent of +,ublic nuisan_aa_s Qr nu�sa ces oer se Whenever the City Manager or designee has inspected or caused to be inspected any property and has determined that an unlawful condition constituting a public nuisance or nuisance per se exists thereon, the Code Enforcement Official may use the procedures set forth in this section for the abatement of such public nuisance; provided, however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property and to require immediate removal, repair or isolation, the procedures set forth in this ordinance may be used by the Code Enforcement Official. (A) HEARING NOTICE 1. Where the Code Enforcement Official determines that a public nuisance or nuisance per se exists, he shall so advise 20 orally the affected party, (owner(s), agent, lessee, occupant or person(s) in possession of the affected properties as shown on the latest equalized tax assessment role) and shall give not less than 7 days written notice by mailing the same to the owners address as indicated thereon, and further, within the same time period, by conspicuously posting on the affected property, building or structure a copy of the notice. 2. Both the oral and written notice shall indicate the nature of the alleged nuisance, the description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes.a nuisance, and the manner of its proposed, abatement if the same is found to be a nuisance. 3. The written notice and order of abatement shall be served to the affected party by regular and certified mail; however, the failure of any person to receive a notice shall not affect the validity of any proceedings under this chapter. (B) CONDUCT 1. The hearings to determine whether a nuisance exists shall be conducted by the City Manager or his duly authorized representative, who shall act as the Hearing Officer. The Hearing Officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). 2. Prior to the taking of testimony, the Hearing Officer shall offer a mediation procedure to the affected party. If mediation is refused, or is unsuccessful in alleviating the unlawful condition, then the matter shall proceed to hearings. 21 In no event shall the mediation process delay the hearing process for more than 30 days from the date initially set for hearing. 3. At the hearings, the Hearing,Officer shall consider all relevant evidence, including but not limited to applicable staff reports. He shall give any interested person a reasonable opportunity to be heard in conjunction therewith. All witnesses are subject to cross examination. Based upon the evidence so presented, the Hearing Officer shall determine whether a nuisance within the meaning of this chapter exists. 4. The decision of the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in this chapter. (C) ORDER OF ABATEMENT The Hearing Officer shall, within five working days of the hearing, give a copy of the written notice of his decision by regular and certified mail to the owner(s) and a copy to any other person requesting the same. The decision shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner(s) of the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the nuisance, its location, and the time and manner for its abatement. Notice of the period of limitation for judicial review, as prescribed in §2, shall be provided in the notice and decision. (See exhibit A for a sample form of note.) (D) EXTENSION OF TIME TO PERFORM WORK. Upon receipt of a written request from any person required to comply with the notice and order, the Hearing Officer may grant an extension of time within which to complete the 22 abatement, if the Hearing Officer determines that such an extension of time will not create a situation imminently dangerous to life or property. The Hearing Officer shall have the authority to place reasonable conditions on any such extension. The Hearing Officer may take into account economic hardship and/or physical disability on the part of the affected party when granting such an extension. The hearing officer shall have discretionary approval to extend the length of time for the abatement proceeding based upon findings of fact such as (1) A determination that special circumstances or exceptional characteristics exist applicable to the property involved, such as size, shape, topography, location, or surroundings that are not generally applicable to other properties in the same vicinity and under identical zoning classification. (b) A determination that an extension of time is necessary for the preservation of a substantial property right of the applicant, such as that possessed by owners of other property or in the same vicinity and zone. (c) A determination that an extension of time would not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. 23 Exhibit "A" Example of Notice "NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE TO THE OWNER(S), AGENT OF THE OWNER(S), LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED: The building, structure, improvement, or property which is the subject of this notice is situated in the City of Diamond Bar, Los Angeles County, California, on premises described as LOT—, BLOCK TRACT ___, and commonly known as YOUR ATTENTION IS HEREBY DIRECTED to the provisions of of the Municipal Code of the City of Diamond Bar, California on file in the office of the City Clerk in the City Hall. Pursuant to the provisions of , you are hereby notified that the violations consist of (DESCRIPTION OF UNLAWFUL CONDITIONS) You are further notified and ordered to abate the above specified conditions by taking the following actions (s): DESCRIPTION OF ACTIONS NECESSARY (TO ABATE UNLAWFUL CONDITIONS) Such action(s) must be completed within (insert time period) days from the date of your receipt of this notice and order, and thereafter you must maintain the property free of any of the unlawful conditions described above. It is your responsibility to obtain all appropriate permits and to dispose of any material or materials involved in the pubic nuisance in a legal manner. In the event you fail to complete such work within the time hereinabove mentioned, the undersigned shall cause the appropriate action to be taken and completed, and the charges therefor will be a lien upon the property or upon the lot or parcel of land adjoining and abutting the public right-of-way or sidewalk in the event the public right-of-way or sidewalk is to be cleaned or otherwise protected. You are advised that any person(s) holding record title or having any interest in the property may appeal from this notice and order, or any determination of the Hearing Officer to the Planning Commission within ten days from the date of service of this notice and order. Written notice of such appeal must be filed in the office of the Planning Commission Secretary in the City Hall at 21865 E. Copley Drive, Suite 190, Diamond Bar, CA 91765. If no appeal is filed within the time prescribed, the determination of the Hearing Officer shall be final. You are further advised that this notice and order may be recorded against the property in the Office of the County Recorder. DATED: This day of . 19 Hearing Officer 24 22.54.410 Appeals. Within ten days after the date of service of the notice and order described above, the owner(s), agent of the owner, lessee, occupant, or person in possession of the property who may have been served with a notice and order, or any person interested in the property affected by such notice and order, may appeal to the Planning Commission, or the City Council, if applicable, as to the requirements of such notice and order. Such appeals shall be in writing, shall state the objections of the person filing the appeal, shall be filed with the Planning Commission Secretary within the time specified herein, and shall be presented to the Planning Commission by the Planning Commission Secretary at its next regular meeting. The Planning Commission shall thereupon proceed to hear and act upon the appeal. The Planning Commission shall, by resolution, determine whether the Code Enforcement Official shall proceed in accordance with the notice and order as given, or as modified by the Planning Commission, or not at all, and its decision thereon shall be final and conclusive. The hearing may be continued by the Planning Commission from time to time as it deems necessary. The action of the Planning Commission may be appealed to the City Council in accordance with the procedures followed for an appeal to the Planning Commission. The Planning Commission decision is final unless appealed within 10 days. Limitation of tiling judicial action. Any owner(s) or other interested person having an objection to the final decision of the City Council in ordering the abatement of any public nuisance or nuisance per se under the provisions of this Chapter must bring an action to contest such decision within ninety (90) days after the date of such decision of 25 the Planning Commission, or City Council, if applicable. otherwise, all objections to such decision shall be deemed waived. 22.54.420 Abatement of public nuisances by the city. (A) If the owner(s), agent of the owner, lessee, occupant, entity, or person in possession of the property who may be served with a notice and order shall fail to take action as required by the notice and order within the time therein specified, or as extended by the Planning Commission, or City Council, if applicable, and in accordance with the provisions of this Chapter, the City Manager shall take action as specified in the notice and order to abate the public nuisance existing on the property. (B) Abatement of the public nuisance may, at the discretion of the City Manager be performed by city forces or the City prosecutor or by a private contractor engaged by the city pursuant to the provisions of this code. (C) Notwithstanding compliance with the notice and order, the owner(s), 'and any other persons having an interest in the property described in the notice, shall in all events be jointly and severally liable for all costs incurred by the city in securing such compliance. Moneys due the city pursuant to this subsection may be recovered in an appropriate court in the same manner that abatement costs are recovered pursuant to this Chapter. 22.54.430 Abatement of imminently dangerous public nuisances. Whenever the City Manager or his duly authorized representative determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately removed, 26 repaired or isolated, the City Manager shall notify all appropriate public safety agencies and implement the following procedures: (A) Notice. The City Manager shall attempt to make contact through a personal interview, or by telephone, with the owner(s) of the property or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event such contact is made, the City Manager shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property. (B) Abatement. If the City Manager is unable to make contact as herein above noted, or if the appropriate persons, after notification by the City Manager or his/her designee do not take action within such time as may be specified by such official, then the City Manager may take all actions deemed necessary to remove, repair, or isolate such dangerous condition or conditions, with the use of City or other public or private forces or a city prosecutor or contractor engaged pursuant to the provisions of this Code. 22.54.440 Account of abatement costs. (A) The City Manager in conjunction with the finance director, shall keep an itemized account of all costs incurred by the city in the abatement of any public nuisance under this chapter. Such costs may include, but are not limited to, any and all direct costs and expenses related to such items as investigation, boundary determination, measurement, personnel salaries and benefits, operational overhead, fees for experts or consultants, legal costs or expenses, including attorney's fees, claims against the city arising as a consequence of the public 27 nuisance, clerical and administrative cost, and procedures associated with collecting moneys due hereunder. (B) Upon completion of the abatement work, the City Manager or his/her designee shall prepare a report specifying the work done, the itemized costs of the work necessary to abate the public nuisance, a description of the property involved, and the names and addresses of the persons entitled to notice pursuant to this Chapter. Any such report may include costs on any number of properties, whether or not contiguous to each other, and whether or not under the same ownership. The report shall be filed with the City Clerk. 22.54.450 Procedure for Special assessment (A) Hearing Notice. Within ten days after the filing of the report referred to herein, the Planning Commission Secretary shall fix a time and place for hearing and passing upon the report. The City Clerk shall cause notice of the proposed assessment, as set forth in the report, to be given to the owner(s) in the manner specified herein. Such notice shall contain a description of the property sufficient to enable the persons served to identify it, and shall specify the day, hour, and place when the Planning Commission will hear and pass upon the report, together with any objections or protests which may be raised by any persons liable to be assessed for the costs of such abatement. Notice of the hearing shall be given not less than fifteen (15) days prior to time fixed by the City Clerk for the hearing, and shall also be published once, at least fifteen days prior to the date of the hearing, in a newspaper of general circulation published in the community. 28 (B) Protests. Any interested person may file a written protest with the City Clerk at any time prior to the time set for the hearing on the report of the City Manager. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The City Clerk shall endorse on every such protest the date and time of filing, and shall present such protest to the Planning Commission, or City Council, if applicable, at the time set for hearing. 22.54.460 Hearing on proposed special assessment. Upon the day and hour fixed for the hearing, the Planning Commission shall consider the report of the Code Enforcement Official, together with any protests which have been filed with the Planning Commission secretary. The Planning Commission may make such revisions, corrections, or modifications in the report as it may deem just, and when the Planning Commission is satisfied with the correctness of the assessment, the report and the proposed assessment, as submitted, or as revised, corrected, or modified, shall be confirmed by resolution. The decision of the Planning Commission, or City Council, if applicable, on the report and the assessment and on all protests shall be final and conclusive, unless appealed to the City Council. The Planning Commission may continue the hearing from time to time as it deems necessary. 22.54.470 Contest of speciaI assessment. The validity of any assessment levied under the provisions of this Chapter shall not be contested in any action or proceeding unless such action or proceeding is commenced within thirty days after the assessment is confirmed by resolution of the Planning Commission., All 29 interested persons shall be given notice of the final determination and the time limitation for judicial review. 22.54.480 Notice of 14e --- Form and conte t (A) Notice of Lien. Immediately upon confirmation of the assessment by the Planning Commission, the City Clerk shall execute and file in the office of the Los Angeles County Recorder a certificate in substantially the following form set forth in Exhibit B. M Exhibit B Example of Notice "NOTICE OF LIEN Pursuant to the authority vested in the City Manager by the Provisions of of the Diamond Bar Municipal Code, on or about the _day of 19_, abated the public nuisance upon the real property commonly known as (address) by taking the following actions (s): The same has not been paid nor any part thereof, and the City of Diamond Bar does hereby claim a lien on the real property for the net expense of the doing of the abatement in the amount of $_, this amount shall be a lien upon the real property until the sum of $ , with interest at the rate of six percent (6%) per annum from , 19_, has been paid in full and discharged of record. The real property herein before mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Diamond Bar, County of Los Angeles, State of California, and legally described as follows: (DESCRIPTION) Dated: this day of 19_. FINANCE MANAGER, CITY OF DIAMOND BAR (ACKNOWLEDGEMENT)" 31 (B) Recordation. Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the real property assessed. 22.54.490 Procedures for collection with regular taxes (A) Assessment Book. After recording, the Finance Director shall deliver the notice of lien to the auditor of Los Angeles County, who shall enter the amount on the county assessment book opposite the description of the particular property, and the amount shall be collected together with all other taxes against the property. (B) Collection. The amount set forth in the notice of lien shall thereafter be collected as the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency to the levy, collection and enforcement of city taxes are made applicable to such assessment. (C) Refunds. The Planning commission may recommend a refund of all or part of the assessment paid pursuant to this Chapter if it finds that all or part of the assessment was erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with the Planning Commission secretary within six months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment, or the legal representative of such person. 22.54.500 Remedies of Rrivate Rartiea The provisions of this Chapter shall in no manner adversely affect.the right of the owner(s), lessee, or occupant of any such 32 property to recover all costs and expenses imposed by this Chapter from any person responsible for creating or maintaining the public nuisance. 22.54.510 Richt of entry (A) Shall be governed by all applicable State and Federal law. (B) It shall be unlawful for any person(s), including an owner(s), agent of the owner(s), lessee or anyone in possession of any property within the City to refuse to allow the Code Enforcement Official, or a contractor engaged by the city, consistent with this ordinance, to enter upon the property at any time during the hours of.daylight for the purpose of the abatement of a public nuisance or to obstruct, impede or interfere in any manner with the Code Enforcement Official, or a contractor engaged by the city, in any work undertaken pursuant to the provisions of this Chapter. 22.54.520 Continuing violations. It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this Code is committed, continued, or permitted by any person and shall be punished accordingly. 22.54.530 Penalty for violation No person shall violate or fail to comply with any provision or requirement of this Code. Any person who shall violate or fail to comply with any provision or requirement of this Code shall be guilty of a misdemeanor. However, any provision of this Code may be prosecuted as an infraction at the discretion of the Prosecuting Attorney. 33 22.54.540 Injunction The provisions of this Chapter may be enforced by an injunction issued by any court having jurisdiction over the suit or the owner(s) or occupant of any real property affected by such violations or prospective violation." 22.54.550 Severability. If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional." The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to Resolution No. 89-6. ADOPTED AND APPROVED THIS DAY OF , 1994. Mayor 34 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 day of , 1994 and was finally passed at a regular meeting of the City Council. City Clerk 35 PROPERTY MAINTENANCE ORDINANCE COMPARISON MATRIX DRAFT PROPERTY MAINT, ORD, UNIFORM BUILDING CODE CH. 99 UNIFORM HOUSING CODE - CHAPTER 10 ITEM Single family - Not allowed in front and side yards. Sec. 9905 Motor vehicles (operative or not), Not addressed (N/A) Storage abutting Emergency or minor motor vehicle repair on mobile equipment, or abandoned vehicles not street paved parking area allowed for seven allowed for UNREASONABLE time periods consecutive days Single family - Permitted in side yard, screened from view. N/A N/A Storage not abutting Must comply with City Codes stream Multifamily - storage Materials shall not be stored which restrict the N/A N/A in garages and perking of an operative motor vehicle in the carports required parking space Commercial - storage Storage dull be maintained in a rasa and N/A N/A in approved yards orderly fashion, containing only items or vehicles incidental to or owned by the business owner Industrial - storage Same as commercial. N/A N/A in approved yards Motor vehicle All motor vehicles, including recreational NIA N/A parking vehicles, on paved parking area shall comply with all planning and zoning codes. Commercial vehicles permitted which do not eaoeed gross weight of three tons unladen. Building maintenance Deterkwated siding materials, dry rot, Section 9904 Substandard Conditions lists Chapter 10, Section 1001 lists same conditions termites, dented or rusted siding, broken or same conditions as proposed ordinance as proposed ordinance and UBC Sec 9904 missing stucco or siding materials, broken or missing windows, inadequate site drainage, broken or imoperative sanitary/phanbirng facilities and futures or broken and/or missing foundations or structural defects shall be considered substandard. Landscape Areas shall be kept in neat and clean Sec. 9905 Prohibited are overgrown Ch. 10, Sec. 1001 Accumulation of weeds, maintenance condition, free of weeds, debris, dead, vegetation, dead trees, weeds, debris, vegetation, dead organic matter, debris, diseased or dying vegetation. Vegetation shall maintenance of premises out of conformity garbage, offal, rat harborages, stagnant be mowed, groomed, trimmed, pruned , and with maintenance standards of adjacent water, combustible materials, and similar watered to maintain healthy growing properties and which diminishes the values of materials or conditions on a premises condition. Irrigation systems shall be kept in such properties constitute fire, health, and safety hazards working condition to prevent public health hazards Fence and wall Fences and walls must comply with all Sec. 9905 Structures unsightly by reason of N/A maintenance applicable codes in a manner so as not to location or condition shall be deemed detract from the appearance of the immediate substandard neighborhood and to protect the health, safety, and welfare of the user, occupant, and general public Multifamily - Shall be maintained to codes so as not to N/A N/A Maintenance of detract from the immediate neighborhood and parking and similar to protect the health, safety, and welfare of areas the user, occupant, and general public. Coroner ial - Same as multifamily. N/A N/A Maintenance of parking and similar areas Industrial- Same as multifamily. N/A N/A Maintenance of parking and similar areas Nuisances N/A (Addressed under Sec. 1 of Abatement Sec. 9905 Any condition dangerous to Ch. 4 Defined: any public nuisance known at Procedures, pg.. 3) children in the form of abandoned, broken, common law or in equity jurisprudence, or neglected equipment or madtinay. attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot, or whatever is dangerous to human life or detrimental to health, as determined by the health officer. Broken or�myard scarded N/A furniture, usehold equipment areas for unreasonable time Periods, and clothines in front Yard areas Neglect of premises fart I, Purpoe and Intent dour Wiring N/A Inadequate or faulty N/A mechanical equipment Faulty construction N/A materials Hazardous buildings Addressed under building main _ tenance. Inadequate exits N/A Sec. 9905 Any and all listed !!j!1,111111! shall N/A constitute substandard property. eillful Ves d to spite neighbors, N/A des, granting of emelltions or special use permits, dor to cause effect upon nearby Property property or Propertyrty values. Y Sec. 9904 Wiring must comply with codes. Ch. 10 . Sec. 1001(e) Sec. 9904 Each must have Wiring must codes. Comply with safe acuate head g fa Ch. 10, Sec. 1001 HI -a mechanic equipment not installor accepted standards acccordidi ng shall to code or be considered Sec 9904 Construction substandard. compliance with codes• materials shall be in Ch. Sec 10010) Use alovpproved of ma not y, code shall cause at building UBC Shall define subshmvdarbdto be condition of dosis b� s. Ch. 10 Sec. 1001(c) Structural hazards !asrequired B��agsY not exift Providing adequate substandard b a murdered Ch. lo, () Sec 1001 1 Inadequate exits shall cause a building to be considered substandard ABATEMENT PROCEDURES Procedures for Sec. 1 Sec. 9906 Building rehabilitation appeals Ch. 12, Set. 1201(x) Form of appeal, (b) abatement of public A. Hearing Notice board process of appeal, (c) scheduling and noticing nuisances B. Conduct Sec. 9907 Alternates for hearing C. Order of abatement Sec. 9908 Determination by County engineer D. Extension of time to perform work Sec. 9909 Informal notice Sec. 9910 Notice of substandard building Sec. 9911 Notice of substandard property Sec. 9912 Combining notices Sec. 9913 Service of notice Sec. 9914 Other interested parties Sec. 9915 Declaration of substandard building or property Sec. 9916 Posting of signs Appeals Sec. 2 Establishes processes for the appeal of Sec. 9906 Building rehabilitation appeals Ch. 12 notices before the Planning Comission board Sec. 1201 Form of appeal Sec. 9117 Right of hearing and rehearing Sec. 1202 Effect of failure to appear Sec. 9918 Hearing by building rehabilitation Sec. 1203 Scope of hearing on appeal appeals board Sec. 1204 Staying of order under appeal Sea 9919 Hearing not requested Sea 9920 Notice of hearing Sea 9921 Form and contents of notice Sea 9922 Posting of notice Sea 9973 Order of notice Sec. 9924 Order - substandard property Abatement of public Sea 3 Establishes procedures for abatement of Sex. 9925 Work by private party Ch. 11, Sec 1101(a) Commencement of nuisance by City public nuisances by the City Sea 9926(a) Work by County, procedures proceedings - Building Official shall commence proceedings to cause the repair, rehabilitation, vacation, or demolition of building Abatement of Sex. 4 Establishes special procedures for Sec. 9926(b) Work by County, emergency Ch. 11, Sec. 1103 Repair, vacation, and im enimently abatement of imminently dangerous public procedures demolition - imminently dangerous building dangerous public nuisances shall be ordered vacated by the Building nuisance Official Sec. 5 Establishes procedures for the Sec. 9927 Costs - All costs involved in Ch. 16, Sec. 1601 Aawunt of expense, filing rwIt=-Otfcosts accounting of costs incurred by City in the abatement proceedings of report - Building Official is responsible for abatement of public nuisances maintaining itemized account Sec. 6 Establishes procedures for notices of hearing and protests of proposed special assessments See. 9928 Notification of costs - Building Rehabilitation Appeals Board shall notify all parties of decisions Ch. 16, Sec. 1605 Personal obligation or special assessment - charges against the property shall constitute a special aent property�vn Procedure for special assessment Sec. 7 Provides for the decision of the Planning Commission on the report and the assessment Sec. 9928 Notification of costs - Establishes process for notification of abatement costs Ch. 16, Sec. 1604 Hearing of protests - 1egislativebody may confirm or reject vet gearing on proposed assessment abatement Sec. 8 Provides for contest of decision by Planning Commision on assessment within 30 days of confirmation by resolution Sec. 9928 Establishes rights of appeal for parties assessed for abatement Ch. 16, Sec. 1603 Protests and Objections - Allows for filing of written protest or objection Contest of assessment Sec. 9 Provides form and contents for notice of lien certificate See. M7Costs agaishall become st property asteal shall be See.aga16 8 Lien f asssesessm liens parcels Notice of lien See. 10 Provides for the collection of anent through the regular collection of taxes Sec. 9929 Provides for collection of assessment through the regular collection of taxes Ch. 16, Sec. 1611 Collections of assessment: penalties (or ame time and is the same manner be coltected at ordinary property taxes Procedures for collection with regular taxes Sec. 11 The provisions of this section sbalB not adversely affect the right of owner(s), lessee, or occupant to recover costs and expenses N/A N/A Remedies of private parties from persons responsible for public nuisance on the property Sec. 12 Right of entry shall be governed by all applicable state and federal law Sec. 9931 Interference with any authorized prion in the abatement of substandard property is Prohibited Ch. 14, sec. 1403 Interference with repair or demolition work prohibited Right of entry Sec. 13 Each and every day of violation shall constitute a new and separate offense N/A NIA Continuing violations Sec. 14 Prosecutedtin misdemeanor or infraction at the discretion of the Prosecuting Sec. eme Prosecution - "shall be guilty of a misdaneanor..." Ch. 14, Sec. 1401 Compliance - "failure to comply with any such order is a misdemeanor." Pe slties for violations allorney Sec. 15 provisions of this chapter may be enforced by issuance of injunction by any N/A N/A Injunction court having jurisdiction N/A Sea 9933 Shall not restrict enforcement of other ordinances provided by law N/A Other abatement procedures September 13, 1993 Page 2 STUDY SESSION: CDD/DeStefano explained that the draft Property Maintenance Ordinance study session is meant to be an open discussion Draft Property between the Planning Commissioners, staff, and the Council's Maintenance subcommittee who crafted the draft Property Maintenance Ordinance Ordinance, to generate comment in the early stages of the adoption process for this Ordinance. Those committee members present this evening are MPT/Papen, President of the DBIA Bob Zirbes, Code Enforcement Officer Al Flores, DBIA Board member Kathy Solice, and Traffic and Transportation Commissioner Don Ury. The City, upon incorporation, adopted Los Angeles County codes dealing with zoning enforcement, animal control, property maintenance, building and structural adherence to code, and so forth. Through the myriad of the LA County codes, it became increasingly difficult for the City to enforce. the regulations important to maintain the quality and character of Diamond Bar. A variety of different cities' Property Maintenance Ordinances were examined, through the efforts of the subcommittee members, and what is believed to be the best parts of those ordinances were pulled and included in the draft Property Maintenance Ordinance for implementation within Diamond Bar. The City Attorney has reviewed the draft Ordinance, recommending that it be divided into two pieces, Regulations and Standards, and the Abatement Process, and a Los Angeles County Deputy District Attorney, Bill Woods, has also reviewed the documents during the drafting process. It is recommended that the Planning Commission open the meeting and receive public comment, and that the Planning .Commissioner provide direction or comment to staff and the working committee. Bob Zirbes, the President of the DBIA, explained that the right to enforce the CC&R's was granted to DBIA in 1990 by assignment from the TransAmerica Corporation. One of the major functions of the DBIA has been the abatement of property violations. Ninety five percent of the homeowners in violation will almost immediately comply with the DBIA's requests. However, one of the problems are that the CC&R's are not uniformed City wide, and, because of the age of a majority of tracts in Diamond Bar, many are set to expire the beginning of next year. Furthermore, according to District Attorney Bill Woods, the current Ordinance followed by the City, Chapter 99, is not fully enforceable, thus creating the desire to draft our own standards. Many areas in the City are beginning to degenerate, detracting from the overall appearance and property values of the neighborhood. The Property Maintenance standards were drafted by people who have exposure to these types of issues. These standards will not September 13, 1993 Page 3 replace nor conflict with current CC&R's. However, these standards will govern those tracts where the CC&R's are set to expire. C/Flamenbaum stated that he does not have any difficulty with the intent.of the Property Maintenance Standards, but he is concerned that the standards are written broad brushed, leaving many holes in it's definition, particularly items #2, #4, #5, #6, #8, and #10. The standards need to be more succinct, or specific in terminology as to what they apply to. He stated the following examples: it is not specifically stated if the standards apply to homes, commercial structures, or both; how is "abandon or vacate" defined in item #2; items #4 and #5 do not address vacant land; how is "operable condition" defined in item #6; front yards, back yards, and rear yards are not defined in terms of how the lines are drawn; "unprotected" is not defined in item #8 (B); and item #10 appears to apply to commercial areas, which is does not seem contiguous with the rest of standards which seem to apply to homes. C/Grothe, referring to items #4, #5, and #6, stated that if the intent is to have owners maintain and landscape all of their hills, then the City should also maintain it's property in the same manner. However, those residents who don't water or landscape their hillsides actually meet the City's Hillside Management Ordinance which talks about maintaining the natural characteristic of the landscape. VC/Plunk stated that the standards are written in such a manner that those outside the system may not understand the intent because they are nebulously written. Referring to item #14, VC/Plunk inquired how the size of a commercial vehicle is determined. Al Flores explained that the Sheriff Department is usually consulted before making a determination on the weight of the vehicle. The City does not go looking for violators but rather responds to complaints, unless there is a safety hazard involved to the public. In response to C/Grothe's concern, Al Flores stated that weeds on vacant land are taken care of by the Weed Abatement District and the Fire Department, not by the City. C/Flamenbaum expressed his concern that, though the City's intent is to be reactive rather than proactive, the draft, ordinance, as written, does not indicate that the Code Enforcement Officer will only respond upon receipt of a valid complaint. September 13, 1993 Page 4 CDD/DeStefano pointed out that the document will be brought back to the Commission again for review once the document has been refined, taking into consideration the comments made this evening. MPT/Papen, residing at 1 124 Cleghorn, explained that this issue has been a concern throughout the community. There are multiple neighborhoods where properties are not maintained to the standards of the other homeowners in the tract. Many people are concerned about maintaining high property values, and the aesthetic appeal of the community. There are problem homes that are difficult to enforce through the CC&R process, which can take up to a year to handle and is often times inefficient in dealing with the situation. The intent is to look for a way to streamline this process. The subcommittee would like the Planning Commission to review the definitions and the standards, and then make a recommendation to the City Council as to what would be acceptable for the Development Standards of this community. Chair/Meyer suggested that the subcommittee use the statement made by MPT/Papen as the goal of the Property Maintenance Ordinance. It is helpful, from an enforcement standpoint, if the goal, the intent, and the purpose were spelled out in the Ordinance. MPT/Papen also pointed out that most of the drafts used in this document came from well established cities where the average house would be about 30+ years old. The subcommittee looked at not only what is needed for today, but what would be effective in the long range in a consistent application of standards. The subcommittee focused on such issues as public safety, and stayed away from items that could be construed as a personal preference. Chair/Meyer made the following comments on the draft Ordinance: there should be an intent and goal section in the document; code enforcement tends to become a free legal service for neighborhood disputes; perhaps a system of incentives can be utilized in the code enforcement program to encourage people to maintain their property in a reasonable fashion; it is not clear in the abatement section if one is dealing with infractions or misdemeanors; there needs to be input from the City Attorney and the District Attorney if the standards are enforceable; the standards need to be written in a more clear and concise manner to avoid a judgment call as to what is considered a public nuisance; there is no appeal process; and there should be clearly defined units of measurement to determine a hazardous condition. September 13, 1993 Page 5 Al Flores stated that the response received from the District Attorney on August 6, 1993 indicated that the Ordinance as drafted could be effectively enforced by the City. He noted that there is a hearing process for the right of appeal. Chair/Meyer pointed out that the receipt of notice for the hearing process is not clearly defined regarding how the actual receipt of notice is determined, nor how the 7 day period is measured. One could.also debate if a pool is considered to be a landscaping item or a structure. These type of issues can be taken care of by the attorneys. However, the goal, the intent, and the purpose should specifically outline the City's intent for this Ordinance. VC/Plunk suggested that the Commission compile their comments on the draft Ordinance and submit it to staff this week. C/Grothe reiterated his concern for items #5 and #6, and warned that the City should expect a fight from those homeowners with properties facing the. street if a complaint is ever filed. In regards to item #14, he stated that it should not be a violation for a person to have a service vehicle parked in his driveway if it is used as part of his business. Don Gravdahl pointed out that Japanese 1/4 ton pickups receive commercial license plates unless it has a permanent camper shell. Also, many full size "1 /2" ton pickups with heavy duty suspension have a gross weight of 6,400 pounds. There are many mini vans, or 1/2 ton vans, not weighing 3 tons, but should be considered commercial vehicles because of the logos painted on the side. He also pointed out that if people are required to move their motor homes, the City could lose a lot of revenue in gas, VC/Plunk, noting that many City trees are overgrown, stated that the City should be required to do anything that is being required by the Ordinance. Chair/Meyer opened the meeting for public comment. Edie MacDowell stated that she deserves to live in a nice, well maintained safe environment, given the amount of property tax paid each year. Furthermore, commercial vehicles belong in commercial areas. The City needs a Property Maintenance Ordinance that is enforceable. Jack Clare, residing at 24215 Gem Court, stated that many of the homes in his neighborhood are not maintained. Some of the September 13, 1993 Page 6 problems include: front yards that do not have grass; overgrown weeds; trash cans left out all week; XMAS lights left on all year; and homes that need painting. Rick Imperial, residing at 1318 Crestmont Drive, stated that he does not have a personal vendetta against those that do not maintain their yards in his neighborhood, however, it is frustrating that nothing can be done to remedy the situation. Many people moved to Diamond Bar for it's prestige and beauty, and something should be done to preserve that. Richard Engdahl, residing at 24051 Willow Creek, stated that, in the last 28 years residing in Diamond Bar, he has noted a deterioration in the area. The Planning Commission should be offering the subcommittee more encouragement in their efforts. Since the District Attorney has approved the matter, then the Commission should focus on the overall attempt, and make a recommendation on that basis. Kevin Chirb, a resident, concurring with the individuals that spoke previously, stated that he will be forced to move if things continue to go in a downward trend. Ken Anderson, residing at 2628 Rising Star, pointed out that there is a recession and many people may not have the means, at this time, to change the appearance of their front and back yards. Hearing no further comment, Chair/Meyer closed the meeting. C/Flamenbaum encouraged those individuals in favor of the Ordinance to attend the Planning Commission and the City Council meeting during their review of the Ordinance because there are many individuals opposed to it. VC/Plunk pointed out that one of the goals of the ordinance is the stabilization of the community and the property values. Chair/Meyer thanked the subcommittee for their efforts in the drafting of the Property Maintenance Ordinance. The ordinance will be back before the Planning Commission in final form for a recommendation to the City Council for their consideration. He reiterated the importance of laying out the intent, which sets the broad framework of what the City is trying to achieve. The intent to stabilize our community and property values is good, however, it is important to maintain tolerance of our neighbors. October 11, 1993 Page 7 Management standards. The Planning Commission cannot render a decision on the design review without a request for modification of those standards. He suggested that the applicant attempt to submit a set of plans addressing the concerns indicated in the staff report. Otherwise, perhaps the Planning Commission should deny the application so the applicant can start again with a decent set of plans. C/Grothe stated that it is doubtful that the project will ever comply with the Hillside Management Ordinance. However, the applicant should make a major effort to try to comply, and outline the justifications as to why it cannot comply. Chair/Meyer reopened the public hearing. Chair/Meyer inquired if the applicant would concur to a continuance to the November 22, 1993 meeting, giving the applicant an opportunity to find out what modifications would be necessary to address the concerns indicated in the staff report. Syed Raza gave his acquiescence to a continuance of the public hearing to the November 22, 1993 Planning Commission meeting. Motion was made by C/Grothe, seconded by VC/Plunk and carried unanimously to continue the public hearing to the November, 22, 1993 meeting. Chair/Meyer recessed the meeting at 8:25 p.m. C/Flamenbaum arrived to the meeting at 8:36 p.m. Chair/Meyer reconvened the meeting at 8:40 p.m. PUBLIC HEARING: The consideration of an ordinance to amend Title 22 of the Los Angeles County Code by adding a new chapter establishing property ZCA No. 93-3 maintenance standards. Property Maintenance Applicant: City of Diamond Bar Ordinance Property Location: All property within the City limits of Diamond Bar. Environmental Pursuant to the Determination: provisions of CEQA, the City has determined that this project is Categorically Exempt pursuant to Section 15321. October 11, 1993 Page 8 CDD/DeStefano reported that the City Council appointed C/MacBride and MPT/Papen to a subcommittee to establish property maintenance standards. The subcommittee, which incorporated support from the City staff, the Deputy City Attorney Mr. Woods (the City's prosecutor), and the City Attorney's office, also consisted of members of the Diamond Bar Improvement Association and other interested members of the community.. The City has the authority to establish minimum property maintenance requirements in order to preserve and protect the health, safety, and appearance of neighborhoods, and to eliminate blight and deteriorating characteristics of neighborhoods. The City does not currently have adequate ordinances to respond to the majority of the types of property maintenance complaints received by the City in the past 4 1/2 years. A series of Codes are currently used to deal with property maintenance issues, however, the City is limited to enforce the current zoning ordinance and the various uniformed codes. DCA/Woods has reviewed the draft' ordinance prepared by the subcommittee. The subcommittee has revised the draft ordinance to incorporate the comments made by DCA/Woods, as well as those made by the City Attorney's office. The subcommittee also reviewed 8 to 10 other cities' ordinances that have been enforced and/or gone through litigation. The problem of deteriorating properties in the City, and the lack of property maintenance, may be due to the age of the housing stock, the lack of maintenance in newer subdivisions, and the expiration of the private CC&R's throughout the City. Another issue before the City is creating an overall policy dealing with property maintenance issues for those owners of property that may lack the resources or means to accomplish the mitigation necessary to cleanup their property, CDD/DeStefano explained that the abatement procedures are a separate process, and not included in the draft ordinance for consideration. It is recommended that the Planning Commission review the draft ordinance and the recommendations of the subcommittee, amend the draft Ordinance as deemed appropriate and direct staff to forward the recommendations to the City Council. Chair/Meyer declared the public hearing opened. Ron Norman, residing. on Castle Rock for 5 yeas, stated that his neighborhood is rapidly deteriorating, and as a result property values have dropped. Considering the high property taxes paid particularly by newer residents, the City should respond on citizens behalf to keep property values up. It is frustrating to live by people who apparently do not care to maintain their property. CDD/DeStefano briefly reviewed some of the issues discussed in the draft Property Maintenance Ordinance: storage in side, rear, and front October 11, 1993 Page 9 yards of property; motor vehicle parking; property maintenance of the structure such as the condition of the roof, broken windows, structural defects; landscape maintenance in a health and safety manner; fence and wall maintenance; multi family zone standards; standards for commercial properties; and standards for industrial properties. Oscar Law, residing on Pathfinder, expressed his support for the Property Maintenance Ordinance with the following modifications: the standards should be applicable to all property owners in the City; consideration must be given to those that are financially handicapped; a provision addressing easements; a grandfather clause for existing CC&R's; a grandfather clause for those that have been storing their trailers and campers on their property; a statement specifically describing Division 6 of Title 14 in the California Code of Regulations as indicated on page 2; modify the storage requirement, on page 3, to allow a longer period of time to repair a vehicle;. better define an "approved wall or driveway" as indicated on page 4; explain how the standard for broken or missing. foundation and wall maintenance, on page 5, deals with land shifting; indicate .the height limitation on a wall, as indicated on page 6; specifically state that vegetation should not hinder sidewalk use; and a reconsideration of the penalty phase, as indicated on page 15, to lower the amount for a first offense. Bob Zirbes, President of the DBIA, presented a video illustrating the types of property maintenance violations existing throughout the community that the City currently has no means to abate. There needs to be specific standards to support the Code Enforcement Officer. He suggested that perhaps the section in the multi -family standards, regarding storage in the garage and carports, can be removed or amended to apply only to carports, particularly since the ordinance does not indicate what can be stored in the garage for single family residence. The Property Maintenance standards should be uniformed, and equally and justfully enforced, for the benefit of all the property owners for the protection of the property values in the City. Kevin Chirp, in support of the Ordinance, noted that the sections enclosed in the document are not unusual, and are common in any community in Southern California that has any respectable appearance. The appearance of Diamond Bar has steadily declined. Mel Roper, residing on the corner of Castle Rock and Lost River Road, stated that he has a problem with leaves and trash that come from properties above him and accumulate in front of his house, clogging the gutters and causing mosquitos, thus taking away from the overall good appearance of his property. Furthermore, the street October 11, 1993 Page 10 sweeper only comes around . once every two weeks, and is often hindered by cars parking in the street. Chair/Meyer noted that perhaps there needs to be consideration as to how the City can better maintain City facilities.. VC/Plunk suggested that staff investigate if there may be a need to sweep certain City street more than weekly or biweekly. Joe MacManus, residing at 23561 Coyote Springs Drive, expressed his support for the property maintenance standards. Rick Imperial, residing at 1318 Crestmont Drive, stated that the property owner in his neighborhood, who is not maintaining his property, refused offers from his neighbors to do all maintenance work for him and help with funding if needed. Money does not seem to be an issue because a block wall has since been constructed and a new car has been purchased. Sometimes the problem is not a matter of financial capabilities, but rather one of desire. Red Calkins questioned if the Ordinance will actually be able to be enforced. He noted that the penalty for violations are too strict, and that the Code Enforcement Officer is being given too much power and control. All homeowners will need to be notified if the ordinance is approved. Mr. Calkins also noted that the Ordinance needs to address the poor, the senior citizens, and the handicapped. Frank Dursa stated that his 2 RV's are operable and he has every right to park them in his yard. His tract does not have CC&R's and he prefers it that way. The timing of the Property Maintenance Ordinance is poor considering the recession. Property values have declined, not because of maintenance, but because of the economy. He pointed out that problems with multiple vehicles parked on the front yard falls under the pattern of the Health Department because of the risk to children. There are other ways to solve the problem. May Wycoff, residing on Del Sol, stated that the City 's appearance has been deteriorating. Her neighborhood had a property owner that kept many inoperable cars on the front yard for many years. Had it not been for Mr. Zirbes, the problem would still exist. The neighborhood also has a problem with RV's parked on the street, blocking visibility to motorists. Bob Throxall, residing on Castle Rock, stated that the City already has all the necessary codes needed to handle these concerns without setting October 11, 1993 Page 11 up an additional layer of bureaucracy. He pointed out that no one has a right to enter someone's property without a court order. Max Maxwell concurred with the statements made by Mr. Throxall, Mr. Dursa, Mr. Calkins, and Mr. Law. Neighbors should deal with each other to solve these problems. He questioned if a Zoning Code Amendment can be passed under urgency Ordinance #4. Peggy Corbitt, residing on Ambushers, expressed her concern that the appearance of her neighborhood is rapidly deteriorating. Louise MacManus, residing on Coyote Springs, noting the street sweepers are hindered by parked cars, stated that she would be in favor of prohibiting overnight parking. Richard Engels, residing on Willow Creek, concurred that the appearance of the City is rapidly deteriorating. The standards in the ordinance are reasonable, and are critically needed. Most likely, those people who do not maintain their property lack desire, not resources. Don Gravdahl, residing at 23988 Minnequa, stated that some of the problems, such as cars park on front lawns, etc., can be handled through the ordinance. However, as the ordinance is now written, probably any house in the City, especially those with children, would be in violation. The Ordinance gives too much authority to the Code Enforcement Officer, and disputing neighbors may use the Code Enforcement Officer as a weapon against each other. Mr. Gravdahl then indicated the following issues that need revisiting: the ordinance allows storage in the back yard up to 50% of the back yard, but does not take into consideration that 1/2 of the yards in the City have uphill slopes and/or downhill slopes; the ordinance should address the registration of vehicles as a method of enforcement; the width of driveways are specified in the County code; and the Sheriff Department should be directed to ticket trucks because there is already a 10,000 pound vehicle limit in the City. Norman Beach Courschesne, residing at 2021 Peaceful Hills Road, made the following comments opposing the Ordinance: it allows the search of private property without a warrant; many people bought homes without CC&R's because they did not want them; the abatement process should address a method of reimbursement if a citizen wins an appeal; it should address the issue of land slides and such like occurrences; item IV, page 5 needs to specify a time limit; a citizen should not be charged per day for their violation, as indicated on page 9, item 13, but rather for just the one violation; it should indicate if the slopes are to be maintained in a natural state, or a October 11, 1993 Page 12 manicured state, or to the Code Enforcement Officers opinion; the Public Health Department and the Building Department can address unsafe buildings; and the City should verify each complaint made. Lee Ford stated that he feels the public hearing was not very well advertised. Margaret Hee expressed her support of the Property Management Ordinance. Bill Tinsmen pointed out that the reason that the City has been deteriorating is because of the uncontrolled building, both commercial and residential, within the City, and not because of weeds. The Ordinance will be used by the City as a tool to harass citizens. The City has no right to enter a property without a search warrant. Cliff Hilliard, residing on Palomino Drive, stated that the concept of the Ordinance is good, however, there should be a revisit of the following issues: motor vehicle parking standards on page 4 are too broad and all encompassing; and the subcommittee should contact camping and motorhome organizations to discuss specifically what to do with motorhomes on private property. Dianna Cheng, a real estate agent, and a Traffic and Transportation Commissioner, stated that, from her experience in real estate, homes have a lot of trouble selling if a neighboring property is poorly maintained. The Property Maintenance Ordinance is necessary to help maintain property values in the City. Hearing no one wanting to provide further testimony, Chair/Meyer declared the public hearing closed. C/Flamenbaum made the following comments: everything is mixed in with multi family, commercial, and industrial, making it difficult to determine what the City is attempting to enforce; if there is to be such an ordinance, it should be limited to the front yard only because no city, or other agencies (except health and safety violations), has any right to go in someone's back yard; item E. makes it a violation to have a dry spot on a lawn; maintenance of irrigation systems in an operable condition, item F., is a matter of interpretation and needs to be better defined; item H.1 makes broken dishwashers or lawn mowers a violation; trash containers in commercial or multi family structures are generally assessable to the front yard, violating item I; a piece of unused furniture in someones house could be a violation of item K.2; item O. does not include an exclusion for automobile repair centers; a lien of the property, of the reasonable cost for repair, October 11, 1993 Page 13 should be considered for the enforcement method; and automobiles can be required to be moved every 7 days (or whatever number is determined suitable), and have valid registrations in order to be allowed to be parked in the front yard. C/Flamenbaum indicated that the Ordinance, as written, is over broad, over bearing, and over reaching. He suggested that the matter be continued to about 45 days to allow the appropriate parties to refine the ordinance. C/Grothe expressed his concern that the Planning Commissions comments made during the study session to review the draft ordinance was not considered nor included in this draft ordinance. In concurrence with the comments made by C/Flamenbaum, C/Grothe added the following comments: even yards with sod are not weed free; it is not the City's concern if a roof leaks, or if there are missing pieces of stucco; a foundation can hardly be missing, and a broken foundation has nothing to do with public safety or aesthetics; most families with children have torn or missing screens; and many of the violations can be handled through the Building Code. He concurred to continue the matter allowing the Planning Commission to review the revised document. VC/Plunk made the following comments: she concurred that there needs to be a provision addressing physical and economic circumstances; if it is approved, there should be an automatic review of the document in one year to determine it's success; the regulations should be paraphrased; for a City who cares about the environment, it seems proper that we should care for the appearance of our City; consider standards for the front yard, or visible side yards at this time, and consider standards for back yards next year; consider allowing 1 week for moderate repairs; large motor vehicles are better parked on the property than on the street; specifying broken screens, window, irrigation etc. is a little over board; landscaping should not block the sidewalk; perhaps it is appropriate that some area are maintained in a more natural state; the condition of multi family structures are usually handled by an Association; and current registration is an excellent way to deal with problem cars. There is a need for such a document, however, it needs to be refined. Chair/Meyer stated that the comments and direction provided by the Planning Commission subcommittee in their review the Property Maintenance Ordinance was not included in the document. Perhaps the subcommittee can work with staff to organize the comments made by the Planning Commission and be brought back to the Commission for review at a continued public hearing. Part of the problem is that there are three iterations of the Property Maintenance Ordinance and most of the comments made dealt with the iteration at the study October 11, 1993 Page 14 session, not the one currently before the Planning Commission. There may be some value to a Property Maintenance Ordinance, but the definition of what are unacceptable maintenance standards needs to be adequately defined. He supported a continuance to a date that would give the City sufficient time to deal with these issues. Chair/Meyer suggested that, since the Ordinance also deals with commercial and industrial, perhaps the document should be distributed to the Chamber of Commerce to receive input from the business community. VC/Plunk requested the Planning Commission be given the document at least one week prior to the meeting so that there is ample time to review it. C/Flamenbaum requested the new revision be footnoted with the date so that the Commission can readily tell which document they are reviewing. Chair/Meyer declared the public hearing opened. Motion was made by C/Flamenbaum, seconded by C/Grothe and carried unanimously to continue the public hearing to the meeting of December 13, 1993 with direction to staff to have the document ready for distribution, and available to the Planning Commission, on or before November 22, 1993, and that the document is to be footnoted with the date. ANNOUNCEMENTS: CDD/DeStefano reported that, as Administrative Development Director, he approved ADR 93-16 for a single family residence located at 22128 Steeplechase. Chair/Meyer indicated that, in his opinion, the Planning Commission gains from different points of view. It is hoped that VC/Plunk and C/Flamenbaum do not offer a letter of resignation. ADJOURNMENT: The meeting was adjourned at 10:58 p.m. Respectively, James DeStefand November 22, 1993 Page 6 Chair/Meyer suggested that staff be prepared to do a comparative analysis of the Property Maintenance Ordinance and Chapter 99 of the LA County Building Code, which was in place for many years. ANNOUNCEMENTS: CDD/DeStefano suggested that the Commission continue reviewing the EIR relating to the Unionwide project, currently scheduled for Planning Commission public hearing on December 13, 1993. The Significant Ecological Technical Advisory Committee (SEATAC) will be meeting December 3, 1993 to critique the document and will be provide the Planning Commission with an advisory report on the issue. He reported that the City Council's decision to begin counting the signatures on the referendum petition effectively nullified the use of the current General Plan document, and the City has reverted back to the use of Ordinance No. 4. The Planning Commission will be able to make a recommendation to the City Council on the Unionwide project when appropriate, but with no adopted General Plan, the City Council will not be able to take any final action on the project. C/Grothe reported that the East San Gabriel Planning Commission dinner, held on November 18, 1993, was quite informative. corrections to the Manual and bring it back to the Commission on a future agenda. CONTINUED Chair/Meyer, noting that the applicant has PUBLIC BEARING: requested a continuation until December 13, 1993, suggested that the matter be continued to a date DR No. 93-1 & assuring a more reasonable time for the applicant CUP No. 93-4 to submit all information in the manner and format needed by staff. Chair/Meyer declared the public hearing opened. Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to continue Conditional Use Permit No. 93-4 and Development Review No. 93-1 to January 24, 1994. INFORMATIONAL CDD/DeStefano reported that, pursuant to the ITEMS: Planning Commissions direction, staff has provided the Commission with a copy of the final draft Property Property Maintenance Ordinance for review, and Maintenance- discussion at the December 13, 1993 Planning Ordinance Commission meeting. Staff is, in the process of distributing additional copies to members of the public who have indicated an interest in the document, and to the Chamber of Commerce for their review. Chair/Meyer suggested that staff be prepared to do a comparative analysis of the Property Maintenance Ordinance and Chapter 99 of the LA County Building Code, which was in place for many years. ANNOUNCEMENTS: CDD/DeStefano suggested that the Commission continue reviewing the EIR relating to the Unionwide project, currently scheduled for Planning Commission public hearing on December 13, 1993. The Significant Ecological Technical Advisory Committee (SEATAC) will be meeting December 3, 1993 to critique the document and will be provide the Planning Commission with an advisory report on the issue. He reported that the City Council's decision to begin counting the signatures on the referendum petition effectively nullified the use of the current General Plan document, and the City has reverted back to the use of Ordinance No. 4. The Planning Commission will be able to make a recommendation to the City Council on the Unionwide project when appropriate, but with no adopted General Plan, the City Council will not be able to take any final action on the project. C/Grothe reported that the East San Gabriel Planning Commission dinner, held on November 18, 1993, was quite informative. December 13, 1993 Page 2 VC/Plunk then made the following suggestions to amend the Planning Commission Policies and Procedures Manual: rewrite the second paragraph, on page 6, under "Effectiveness" to read "Effective Commissions set clear objectives, prioritize tasks, anticipate and analyze concerns. They listen empathetically, and they diagnose options to develop a plan of action."; delete the second sentence in the first paragraph, under "Effectiveness"; add "and goals" to the end of the third sentence in the first paragraph, under "Effectiveness"; and correct the word "maybe" to "may be" in the first sentence of the third paragraph. VC/Plunk then questioned if items 3-6, on page 6, are appropriate. ICA/Montgomery explained that it is appropriate for the Planning Commission to place as many sensitivity training goals in the policy as desired, subject to State statute. VC/Plunk then requested that the last sentence in item 12, on page 7, be corrected to read "No one should..." C/Flamenbaum suggested that the statement "A split vote (negative, affirmative, or neutral)...", on page 8, under "Quorum", be moved under "Motion". It was the consensus of the Commission to accept the suggested changes to the document. Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to adopt the final Draft Planning Commission Policies and Procedures Manual, as amended. NEW BUSINESS: None CONTINUED PUBLIC Chair/Meyer suggested that, following the public HEARING: hearing, the matter be continued to a meeting in January of 1994 in order to give the new City ZCA No. 93-3 Attorney and City Council sufficient time to Property properly review the document. Maintenance Ordinance CDD/DeStefano reported that the Planning Commission continued the public hearing regarding the Property Maintenance Ordinance at the October 11, 1993 meeting in order to allow for further preparation and revision of the Ordinance. December 13, 1993 Page 3 Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. Mr. Bob Zirbes, President of the Diamond Bar Improvement Association (DBIA), suggested the following changes to the document: page 16, under "Penalties", should include a provision for an appeal process; the document should be sensitive to the needs of financially disadvantaged residents; delete the statement, " ..and a resulting decline in the property values within the City of Diamond Bar," from "Purpose and Intent", on page 2, because it cannot be enforced; a boat is a recreational vehicle that is allowed further in the document and should therefore be stricken from section 22.54.030 A, on page 4; delete the entire section 22.54.040 B on page 4; deleted "sagging roof" from section 22.54.060 A, on page 5; amend section 22.54.060 B, on page 5, to read, "Substantial areas of visible deteriorated..."; section 22.54.060 D, on page 5, is a Health and Safety issue and should be removed; items 22.54.060 E, F, and G, on page 5, are covered under Building and Safety Codes and should be removed; the suggestions made should also be applied to multi -family standards, etc., as well; and the statement "commercial purposes" in section 22.54.050 B, on page 5, should be more explicit because there may be confusion among those owning pick up trucks, or vehicles that have a high gross vehicle weight. CDD/DeStefano explained that the Enforcement/Abatement Procedures is not specifically a part of this draft because it is the Planning Commission's responsibility to establish the standards and recommend policy for those standards, and the purview of the City Council to deal with specific issues of enforcement and the abatement procedures. Chair/Meyer expressed his concern that the Planning Commission is being asked to piece -meal their review of the Ordinance. He stated that even though the penalty phase is not within the jurisdiction of the Planning Commission, the Planning Commission should be made fully aware of any punitive measures that go along with the Ordinance. He requested that the penalty phase be included with the next Draft Ordinance to be presented to the Commission. C/Grothe stated that if the penalty phase cannot be presented to the Planning Commission for review, December 13, 1993 Page 4 then the "Penalty" section should be omitted from the ordinance. Mr. Oscar Law, residing at 20511 Pathfinder, concurred with the suggestions made by Mr. Zirbes. He questioned why such items as broken toilets, leaking roofs were not deleted from the draft Ordinance as was requested at the last public hearing. Mr. Don Schad, a resident, also supported the comments made by Mr. Zirbes. He made the following comments: section 22.54.060 A -G fall under the purview of the Building and Safety Department; and the "Penalty" section should include a provision to allow those financially disadvantaged an appeal process. Mr. Don Fisher, residing at 465 Burgante Drive, referring to section 22.54.050 B, on page 5, noted that the State considers any vehicle with a commercial plate to be of a commercial use in California. He also noted that the Walnut Recreational parking area for motor vehicles is all gravel, not paved, which is contrary to section 22.54.260 "Motor Vehicle Parking", on page 13. Mr. John Okel, residing on Burgante Drive, expressed his support with the intent of the ordinance, but emphasized that a person in violation should not be placed in jail, nor should it be suggested. Mr. Frank Dursa, a resident, expressed his support that the Ordinance was amended to allow recreational vehicles to be parked in the driveway. Chair/Meyer stated that staff has been directed to do a comparative analysis of Chapter 99 of the Los Angeles County Building Code, which dealt with property maintenance standards for the City, and the proposed Property Maintenance Ordinance. Red Calkins, a resident, expressed his dissatisfaction with the Code Enforcement Officer. Mr. Don Gravdahl, a resident, suggested that section 22.54.050 B, on page 5, be amended to define "commercial" by the gross weight of the vehicle when fully encumbered. He then suggested that the proposed Ordinance indicate specifically how much of the frontage of a house can be a paved surface. December 13, 1993 Page 5 Mr. Max Maxwell, a resident, inquired if the proposed Ordinance affects existing CC&R's. Chair/Meyer explained that CC&R's are separate documents created under the terms of the subdivision and are enforced by the Homeowners Association, not by municipalities. The proposed Property Maintenance Ordinance would not impact the CC&R's. Mr. Richard Murietta, a resident, inquired if the proposed Ordinance would apply to problems associated with fraternity houses, such as those operating on his street. Chair/Meyer suggested that Mr. Murietta contact staff for assistance in addressing those problems. Mr. Don Fisher, a resident, concurred that fraternity houses, specifically at 310 Ballena Drive, have been a problem for some time. There being no one wishing to provide further comment, Chair/Meyer returned the matter back to the Commission for consideration. C/Flamenbaum made the following comments: driveways should be covered under the Development Code; the document needs to specifically define front yard, side yard, etc., for enforcement purposes; section 22.54.050 B, on page 5, is poorly written and does not specify any time durations; leaky roofs, bad drainage, etc., fall under the Building and Safety Codes; and the Planning Commission had directed staff to include language that the City could place a lien on the property in order to get reimbursed if the City did any repair work following the appeal process. C/Flamenbaum then stated that he would not give consideration to the proposed ordinance unless it included An Enforcement/Abatement provision. C/Grothe made the following comments: omit section 22.54.060, on page 5, from the document, except the first paragraph; delete the statement "free of weeds" from section 22.54.070, on page 6, second line; rewrite item 2 from section 22.54.080, on page 6, to be less restrictive; and section 22.54.030 B, on page 4, should allow for at least two weekends to do repairs. Chair/Meyer, referring to section 22.54.030 B, pointed out that, with an appeal process included December 13, 1993 Page 6 in the proposed Ordinance, an individual would have an opportunity to demonstrate why that specific time period was inappropriate. The Planning Commission concurred that 10 consecutive days was a reasonable time frame to accomplish repairs, as indicated in section 22.54.030 B. VC/Plunk suggested that ICA/Montgomery meet with the Property Maintenance Ordinance subcommittee to review the document. She stated that it was her impression that some of the examples given in the different sections were included for enforcement purposes. She inquired if it was the opinion of ICA/Montgomery that some of the items in the document should be separated from the Development Standards. She also questioned if including definitions in the document was redundant and/or could have the potential to contradict the intent of the proposed Ordinance. VC/Plunk then suggested that the document be reviewed by the Planning Commission one year after its adoption to determine its effectiveness. Chair/Meyer reiterated his request for a comparative analysis, in graph format, of the enforcement provisions of Chapter 99 of the Building Code and the proposed Property Maintenance Ordinance. He suggested that the proposed Property Maintenance Ordinance include the definitions of "blighting conditions" as clearly defined in the Health and Safety Code. Chair/Meyer then reiterated his request that the penalty phase be included for the Planning Commission's review. Chair/Meyer, in response to VC/Plunk's request to send the document back to the subcommittee, stated that the subcommittee has completed their review and the document is now before the Planning Commission for consideration. Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to continue the matter to the meeting of January 24, 1994, and to direct staff to incorporate the statements made by the Commission this evening into the proposed Property Maintenance Ordinance. VC/Plunk requested the revised document be included in the Commission's packet, for the meeting of January 10, 1994, if possible. January 24, 1994 4. Page 8 Moved by C/Flamenbaum to continue the matter to the first regular Planning Commission meeting of June 1994. 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 and Research, which, if approved, would allow the City to process CUP's, Development Reviews, 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. 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 Planning Commission continued the public hearing on the Property Maintenance Ordinance (PMO) on December 13, 1993, 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 previously a component of the City Code and was replaced in 1992 by the 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 believed to have already been incorporated into the proposed ordinance first presented to the Commission. It appears that the Commission is moving 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. January 24, 1994 Page 9 C/Li concurred with C/Flamenbaum that the Planning Commission's direction was not incorporated into the document. VC/Plunk stated that the matrix presented by staff was quite useful in review of the document. However, she concurred that it is time to move forward. Chair/Meyer declared the public hearing opened and invited those wishing to speak to come forward. Bob Zirbes, residing at 2141 Tierra Loma Drive, stated that he, too, had thought that the final version of the PMO was to be presented to the Planning Commission this evening. He noted that the PMO would have to be in final form in order to accurately compare it with the other two documents, or for the City Attorney to accurately review it. He recommended that the document reviewed by the Planning Commission on December 13, 1993, incorporating the recommended changes, and the Subcommittees final draft document be brought back to the Commission, along with a comparison matrix of the two documents, as well as the City Attorney's comment on the documents. He suggested that the Commission also review the abatement procedures at the same meeting. Council Member Papen, residing at 1124 Cleghorn, pointed out that it is unlawful to describe what a public nuisance is, as indicated on the bottom of page 2, Nuisances, in the Comparison Matrix, the definitions on page 4 describing nuisances, and the definitions on the entire page 7 and 8 of the Subcommittee draft PMO. She then stated that the abatement procedures 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 to the Commission on December 13, 1993, incorporating the appropriate changes, should be compared and brought back for review. He also concurred with the suggestions made by the City Attorney to the enforcement policies, as well as the suggestion made to include a section addressing the financially disabled. There being no one else in the audience wishing to speak, Chair/Meyer closed the public hearing and returned the matter back to the Commission for consideration. Chair/Meyer inquired if it were possible to amend the zoning ordinance without a General Plan. January 24, 1994 Page 10 CDD/DeStefano explained that most likely OPR will not allow a zoning code amendment until a General Plan has been adopted. VC/Plunk suggested that the Commission begin review of the "Penalties" section. C/Grothe suggested that staff be directed to request the City Attorney to draft the Abatement Procedures, to be brought back to the Commission for review. 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 suggestions, 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 Attorney's comment relating to a staging of penalties for subsequent violations refers to increasing the fine each time an infraction occurs, not considering each and every day a continuing violation. The District Attorneys comments made regarding criminal penalties is a recitation of the statutory definition of misdemeanors. He pointed out that 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 consideration of the PMO was a result of an indication from the Code Enforcement Officer (CEO) that because Chapter 99 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. January 24, 1994 Page 11 CDD/DeStefano, in response to VC/Plunk, stated that violations of the building Code is handled through the abatement process of the Building Code. VC/Plunk stated that, since the Commission has already done all this extensive 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 of the document; to continue the public hearing to the next meeting, directing staff to make all the modifications of the PMO, from -the December 13, 1993 meeting and any comments made during this meeting and any submitted in writing; and to request the City Attorney to draft the abatement procedures for 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 housing to the Uniform Housing Code in relationship to values of surrounding properties. 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 January 24, 1994 Page 12 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 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 staff be directed to work with the City Attorney in terms of the appropriate vehicle to bring this 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 Plan Advisory Committee (GPAC). He explained that he appointed C/Flamenbaum to the committee because he had 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 February 14, 1994 Page 5 to include additional conditions without the applicant's consent. The applicant will have the opportunity to address the issues at the next meeting. Chair/Meyer pointed out that the application is not a temporary sign but a sign package presented in the same format as all other signs in other commercial areas in the City. He stated that signs represent a significant investment in advertising for businesses. The City has an obligation to ensure that all businesses in the community comply with the same standards. The Planning Commission voted upon the motion made by C/Flamenbaum and seconded by C/Grothe to direct staff to prepare a Resolution of Denial for Planned Sign Program No. 94-1 for the next meeting. The Motion CARRIED 3-2 as follows: AYES: COMMISSIONERS: Grothe, NOES: COMMISSIONERS: Li and ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Flamenbaum, and Chair/Meyer VC/Plunk VC/Plunk asked staff to point out to the applicant that the word "whole sale" may be misspelled. CONTINUED PUBLIC HEARING 3. *Zoning Code Amendment No. 93-3 - Property Maintenance Ordinance CDD/DeStefano reported that, pursuant to the Planning Commission's direction at the last meeting, staff has revised the draft Property Maintenance Ordinance by incorporating the changes specified at the meetings of December 13, 1993 and January 24, 1994. The changes made to the draft Property Maintenance Ordinance are highlighted by either red line for any additions made, or strikeout for any deletions made. He stated that the City Attorney has also been provided with the last draft of the Abatement Procedures, which was produced by the City Council sub -committee, for his review. It is recommended that the Planning Commission review the draft documents, make appropriate changes and forward the Property Maintenance Ordinance to the City Council. C/Flamenbaum, noting that Chapter 99 is an item of discussion on the City Council's agenda for their meeting tomorrow night, inquired if the Planning Commission should continue with their review of the draft Property Maintenance Ordinance at this time. February 14, 1994 Page 6 VC/Plunk pointed out that the recommendation to the City Council was to approve Chapter 99 as an interim measure until the draft Property Maintenance Ordinance was prepared in final form. Chair/Meyer noted that the City Council sub -committee desired to create a Property Maintenance Ordinance that went beyond the provisions of Chapter 99 of the Building Code and the Uniform Housing Code. Since the Planning Commission has expended much effort in developing the Ordinance to this point, the process should continue. VC/Plunk, noting that there have not been any changes made to the draft Abatement Procedures, inquired if the City Attorney has had the opportunity to review the document and respond accordingly. ICA/Montgomery stated that, though he received a copy of the draft Abatement Procedures with various comments and suggestions made, he felt it would not be appropriate to attempt to predict policy prior to public comment and prior to discussion by the Commission of the issues not yet addressed, such as mediation, or the notification procedure to deny tax benefits to any rental property not appropriately maintained. Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. Don Gravdahl, residing at 23398 Minnequa, submitted a drawing of his property illustrating the location of his motor home to the Planning Commission. Referring to Motor Vehicle Parking on page 7, he expressed concern that the ordinance requires motor homes parked on the side yard, abutting the street, to be screened. He noted that many motor homes parked on the side yard hangs out the front yard set back, and since a six foot high wall cannot be placed in the front yard set back to "screen" his motor home, the word "screened" should be eliminated. He then suggested that item B, under Motor Vehicle Parking, on page 8, be amended to indicate vehicles with a 10,000 pound gross vehicle .weight (GVW), since many pickups posted 6,000 GVW do not take into account additional weight from added bodies, tools, etc. He also suggested that the definition of "Blighting Conditions" be removed from the document, particularly since much of the definition does not apply to the City, such as references to coastal environment. Bob Zirbes, residing at 2141 Tierra Loma, made the following comments: remove the definition of "blighting", on page 3, particularly since it is not mentioned anywhere else in the document; revise the definition of "driveway", on page 5, to amend (a) to read, "That portion of the road right-of-way where motor vehicles enter or leave the highway onto private February 14, 1994 Page 7 property; there should be a diagram to reference the definition of "Yard", on page 5; and delete health hazards" "to prevent public from the last Maintenance, on page 9, sentence of Landscape there should be administrative procedures, included suggesindtheaordinance, for the Code Enforcement officers to investigation and handlingof follow for their complaintunderstanding that the Abatement Proceduress,th are the the violator who refuses to comply. He also suggested that the ordinance does not include a definitioof "nuisance", then the Abatement Procedures should replace "nuisance" with "violation of Ordinance No. XX." allow Oscar Law, referring to page 7, suggested that the Ordinance vehiicles he grandfathering of all existing recreational Red Calkins concurred that the definition of conditions" should be deleted. "Blighting Gravdahl's suggestion to change the GVW to 10 000 pounds.concurred with Mr. Gary Neely inquired if the Commission will be addressing his suggestion regarding freeway oriented signs. Chair/Meyer explained that the appropriate time for the Commission to respond to comments made on issues not relating to matters on the agenda is during Commission Comments, at the end of the meeting. Gary Neely expressed his opinion that the draft Property Maintenance Ordinance should be completely thrown out. However, assuming that it is to remain, he made the following comments: delete the definition of "Blighting conditions" on page 3; redefine "Driveway" on page 5; expand the definition of"Yard",on page 5, to include consideration of flag lots; define a "pedestrian access way" as indicated on page 7., item A; define "debris" as indicated on page 6, item A; clarify the concept "side yard" versus "side yard that abuts the street; expand the definition of "aesthetically similar" as indicated on page 10; include Diagram A in the document regarding the definition of "yard"; and delete the reference regarding maintaining irrigation systems, indicated on page 9 since it is not the City's business.. Al Rumpella, residing at 23958 Golden Springs, referring to the draft Abatement Procedures, he made the following comments: item 3 , under Hearing Notice, page 2, should be amended to indicate "certified mail"; replace - "Code Enforcement Official" as indicated on page 2, under Extension of Time To Perform Work, with "Hearing Officer" since the hearing officer is the decision maker as indicated in item (C) Order of Abatement; delete the mention that the.hearing shall February 14, 1994 Page 8 be noticed, as indicated on page 6, under Account of Abatement Costs item (A), because it is not appropriate to disclose the violator and the violation; delete item (B), under Right of Entry, on page 8, and replace it with the District Attorneys definition as outlined in the letter dated June 28, 1993; and rewrite the first sentence, under Continuing violations, page 8, to read "It shall not constitute a new and separate offense... 11. Referring to the Ordinance, Mr. Rumpella made the following comments: delete "Blighting conditions" on page 3; allow 30 days to fix minor repairs, as indicated on page 6, item B; for consistency, delete the word "weeds" from item B, under Storage, page 7; delete mention of "screening", under Motor vehicle Parking item A; delete "two such vehicles", indicated in item b, under Motor Vehicle Parking, on page 8, because some homes have three car garages and bigger families; and delete mention of the "irrigation system" indicated under Landscape Maintenance, on page 9. Oscar Law, referring to the Abatement Procedures, suggested that a registered owner be notified by certified mail that the property be maintained within a reasonable period of time, or the City will take care and add the cost to the property tax bill. There being no one else in the audience wishing to speak, Chair/Meyer closed the public hearing and returned the matter back to the Planning Commission for consideration, followed by a recess. RECESS: Chair/Meyer recessed the meeting at 8:25 p.m RECONVENE: Chair/Meyer reconvened the meeting at 8:47 p.m. The Planning Commission discussed if the Property Maintenance Ordinance would amend the Building Code or the Zoning Ordinance. ICA/Montgomery stated that, at this time, the Property Maintenance Ordinance can be placed in the Building Code. Chair/Meyer stated that, as another option, after adoption of the General Plan, the Property Maintenance Ordinance could be used as a potential amendment to the Zoning Ordinance, since it refers to zoning aspects. The Planning Commission concurred to review the draft Property Maintenance Ordinance page by page. The following is a summarization of the changes Commission: Section 22.54.010, as concurred by the Planning February 14, 1994 page 9 page 2 - Rewrite the first part of Purpose and Intent, to read, "The lack of property maintenance contributes to the deterioration of residential, commercial and industrial properties including structures, landscaping and improvements ther.eon,... Such a deterioration may lead to an overall decline... further, deteriorating conditions of property contribute to the creation of conditions..." page 3 - The Planning Commission concurred that the issue regarding financial abilities will be addressed during the Abatement Proceedings. page 3 - Rewrite the. last sentence, under Purpose and Intent, to read, "...,while concurrently providing a useful property maintenance enforcement tool to be utilized when notification' of responsible parties have failed to prevent or eliminate the conditions described herein." . Section 22.54.020 page 3 - Delete "Blighting conditions" in it's entirety. As suggested by ICA/Montgomery, the Planning Commission concurred to replace the definition of "Blight" with the definition of "Nuisance" as defined by State law. Section 22.54.030 page 5 - Rewrite the definition of driveway (a) to read, "That portion of the road right-of-way where motor vehicles enter or leave the highway onto private property." Rewrite item (b) to read, "A private roadway providing access to a street or highway and off street parking facilities." Section 22.54.040 page 5 - Include Diagram A to reference the definition of yards. Include a definition of flag lots in the definition of Yards. Section 22.54.060 page 6 - Amend the last sentence of item (b) to read "..., that such emergency or minor repair shall be concluded within ten (10) consecutive days of the commencement thereof or a maximum of thirty (30) February 14, 1994 Page 10 days as approved .by the Hearing Officer. This change will allow an opportunity for an individual to explain any special circumstances. Section 22.54.070 page 7 - Delete the entire section, A and B, in it's entirety because section 22.54.050, on page 6, defines the storage of front yard/side yard abutting a street. Therefore the definition of storage side yard not abutting a street is not needed. The purpose of the Ordinance is to keep things off of the front yard, not the side yard. Section 22.54.080 page 7 - Delete the statement, "if screened from public view". Delete the phrase "including the City's Planning and Zoning Code" because it is redundant. page 8 - Include a definition of commercial vehicle as stated in the Vehicle Code. Per the advise of ICA/Montgomery that it may be easier for the City to enforce the posted GVW for parked vehicles because the weight of a parked vehicle can't be determined without a court order, the Planning Commission concurred to amend item B to indicate the minimum use of the gross unladen weight of three tons and a maximum of 10,000 pounds actual weight. page 8 - Include a definition of commercial vehicles to address Item B to ensure that not more than two commercially used vehicles are parked or stored on any single-family lot or parcel. The Planning Commission concurred that existing recreational vehicles and commercial vehicles will not be exempt from the provisions. Section 22.54.090 page 8 Rewrite the structures designated maintained nuisance." Sedtion 22.54.100 first sentence to read, "All buildings, and paved areas within any lot or parcel as single-family shall be kept and in a manner not to constitute a public page 9 - Rewrite the entire section to read, "All landscaped areas within any lot or parcel designated as February 14, 1994 Page 11 single-family shall be kept and maintained in a manner so as not to constitute a nuisance. Landscaped areas shall be kept in a manner so as not to constitute a nuisance. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition not to constitute a threat to public health or safety.,, Section 22.54.110 page 10 - Delete examples 1 through 5 from Section A, and rewrite the first sentence to read, "All fences and walls upon any lot or parcel designated as single- family shall be kept and maintained in a manner so as not to create a public nuisance." Rewrite Section B to indicate that the fences and walls must comply with Building Code provisions so as not to impose a risk to health and safety. C/Flamenbaum requested staff to address parking of trailer homes in motor home parks in regards to section 22.54.150, on page 12, item A. Staff noted that most of the provision is preempted by State law in the mobile home parks. The Planning Commission directed staff to ensure that the Multi -family section comply with the rest of the document. C/Flamenbaum, referring to Commercial Standards, inquired how a local automotive repair shop will, maintain the scrap yard in a neat.and organized manner. The Planning Commission concurred on the following changes: Section 22.54.210 page 16 - A fully screened storage yard, in the back, is exempt. section 22.54.230 page 17 - This section does not apply to single-family residences, and it should be tailored to the present section, as well as address public nuisances. Section 22.54.250 page 18 - It should address public nuisances. February 14, 1994 Page 12 Section 22.54.260 page 19 - Add a provision that private property open to the public must be maintained in a safe and sanitary manner. The Planning Commission concurred that the following issues should be addressed in the Abatement Procedures: o Provide for a preliminary informal notice, such as a warning notice. o Provide for a mediation process. 0 Provide a certified mail provision for notification. o Provide stern enforcement for health and safety issues. o Provide a slow type of enforcement procedure for common problems such as unmowed lawns, vehicles under repair, and boats stored in the yard, to include personal notice, a letter, and then offering mediation before citing the person. o The appeal process should proceed from the Planning Commission on to the City Council. o The mediation process and abatement process should include consideration of economic problems or other constraints at a hearing before a zoning administrator, Community Development Director, or appropriate individual. o The City Manager, or his designee, is the ultimate responsible administrative personnel, thus eliminating mention of the Code Enforcement Official. o Provide for heavy fines to address commercial/ industrial owners. o The initial hearing is applicable for residential as well as for commercial owners. Moved by C/Grothe, seconded by C/Flamenbaum and carried unanimously to direct staff to.prepare resolutions of approval for the next meeting, making all the appropriate changes to the documents. Gary Neely pointed out that the Planning Commission did not address the following items: definition of debris 'as indicated on page 6, storage in the front yard; a clear definition of "abutting the street"; definition of what "a pedestrian access way shall be maintained on one side yard" means, as indicated on page 8; and define "periodically resurfaced or resealed", as indicated on page 20, the last sentence before industrial standards. PUBLIC HEARINGS: 4. Conditional Use Permit No. 94-1 February 14, 1994 Page 13 CDD/DeStefano reported that it is recommended that the Planning Commission continue the Public Hearing for Conditional Use Permit No. 94-1 to the meeting of March 14, 1994. Chair/Meyer opened the public hearing 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 Planning Commission for consideration. Moved by C/Grothe, seconded by C/Flamenbaum and carried unanimously to continue the public hearing to the meeting of March 14, 1994. ANNOUNCEMENTS: CDD/DeStefano made the following statements: the General Plan revision process is successfully moving forward; and all of the City,s Commission positions come up for reappointment consideration tomorrow at the City Council meeting. C/Flamenbaum suggested that the Planning Commission communicate to the City Council economic development team to discuss the possibility with the businesses in the Brea Canyon/Colima Springs commercial area to have one single off site sign for identification purposes, as suggested by Mr. Neely. He then suggested a revisit of the Sign Ordinance. ADJOURNMENT: Moved by C/Flamenbaum, seconded by VC/Plunk and carried unanimously to adjourn the meeting at 10:07 p.m. Respectively,. James DeStefano Secretary Attest; id Meyer Chairman February 28, 1994 Page 2 proposed sign is not a Diamond Bar number, inquired if the sign is actually for an off-site business. Chair/Meyer explained that the business on site sells wholesale nursery items. The location of the primary business is in the City of La Puente. Moved by C/Grothe and seconded by C/Flamenbaum to adopt the Resolution of Denial. The Motion CARRIED 5-0 as follows: AYES: COMMISSIONERS: Grothe, Li, Flamenbaum, VC/Plunk and Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None NEW BUSINESS - None CONTINUED -PUBLIC HEARING 3. Zoning Code Amendment No. 93-3 - Property Maintenance Ordinance CDD/DeStefano reported that staff has revised the draft Property Maintenance Ordinance by incorporating the changes specified at the February 14, 1994. However, staff has noted that there are still some areas in the document that need further refinement. Furthermore, staff has also received communication from two members of the public with some very specific changes to the document. It is recommended that the Planning Commission review the draft document, make appropriate.. changes and forward the Property Maintenance Ordinance to the City Council for their consideration. Chair/Meyer requested the Commission to provide their input prior to opening the public hearing. Chair/Meyer requested the following amendments: delete the word "between" from the definition of Driveway on page 6; item (B), which was omitted from Section 22.54.120 Motor Vehicle Parking, should be put back into the document as written on page 12; the phrase "within the front yard or side yard abutting a street, or within the side yard or rear yard" in Section 22.54.120, page 8, needs further work, or the section should be written as on page 12; replace the words "deemed substandard", in Section 22.54.130 Building Maintenance, with "deemed to be in violation of this section"; add the word "so" after the words "watered" and "manner" in Section 22.54.140 Landscape Maintenance on page 9; add "or a nuisance per se" following "constitute a public nuisance" in Section 22.54.150 Fence and Wall Maintenance (A) on page 9, as well as throughout the document for consistency; replace "as permitted February 28, 1994 Page 3 by the Building Code" in the last sentence in Section 22.54. 150 Fence and Wall Maintenance (B) , on page 10, with "as permitted by applicable law", and do so throughout the document for consistency; eliminate the word "except" from Section 22.54.190 Motor Vehicle Parking (B) on page 12, and readdress if "two" or "three" such vehicles are permitted; amend Section 22.54.210 Landscape Maintenance, on page 13, the same way as on page 9; indicate "applicable laws" in Section 22.54.250 Storage in Yards, on page 15; add "or nuisance per se" to "nuisance" on page 23, Section 22.54.400 Abatement Procedures; change the word "party" to "affected party" in Section 22.54.400 (A) Hearing .Notice, item 3, and add "certified and regular mail" to this section as well in item (C) Order of Abatement; amend the word "hearing" to "hearing(s)" as indicated in item 2, section 22.54.400 (B), page 24; the "Code Enforcement Official" found in the seventh line in Section 22.54.400 (D) Extension of time To Perforin Work, on page 25, should be amended to read the "Hearing Officer"-, and include a provision that the hearing officer may take into account economic hardship as well as "physical ability"; and perhaps a flow chart would be beneficial, at some point, in terms of the abatement process. Chair/Meyer, in regards to the second paragraph of Description of Actions Necessary (To Abate Unlawful Conditions), on page 26, question if the public right-of-way is the responsibility of the property owner to maintain or the City's. ICA/Montgomery explained that the right-of-way to the curb, typically, is the property owner's duty to keep neat and tidy; however, since it is in a public right-of-way, the City can remove or trim trees, etc. The City has an easement over it for public street purposes. Chair/Meyer, continuing with suggested amendments, stated the following: include "or City Council if applicable" to "...after the date of such decision of the Planning Commission", on page 27, Section 22.54.410 Limitation of Filing Judicial Action; insert "or City Council" to the statement, "...extended by the Planning Commission," in section 22.54.420 (A) Abatement of Public Nuisances by the City, on page 27, and change "Code Enforcement Official" to read "City Manager or his designee"; change "Code enforcement Official" throughout Section 22.54.430 to indicate "City Manager or his designee"; delete "Planning Commission Secretary" and replace with "City Clerk" on page 28, Section 22.54.450, and revisit if it is appropriate that the determination of "assessments" should be a responsibility of the Planning Commission; replace "Planning Commission Secretary" in Section 22.54.450 (B), on page 29, with "City Clerk" and included "and the City Council" following "...protest to the Planning Commission"; replace "Code Enforcement official" with "City Manager" as indicated in the first line of Exhibit B,- Example of Notice, on page 30; February 28, 1994 Page 4 replace the word "order a refund" with "recommend a refund" in the first line of Section 22.54.490 (C), on page 31; and Section 22.54.510 should be drafted in accordance with the District Attorney's letter dated June 28, 1993. CDD/DeStefano, correcting a statement he made earlier that Section 22.54. 120 (A) Motor Vehicle Parking, on page 8, should correspond with the same section on page 12, stated that, after reviewing his notes, Section 22.54.120 (A) is written as directed by the Planning Commission; therefore, further direction will be needed. He noted that Section 22.54.120 will also need to incorporated subsection (B) as referenced on page 12. C/Flamenbaum, referring to Section 22.54.120, stated that he prefers the verbiage as written on page 12; however, if it is the desire of the Planning Commission to amend the section, he suggested that Section 22.54.120 (A) be amended to read, '.'All parking of motor vehicles... in compliance with all applicable codes," deleting the remainder of the paragraph, and inserting subsection (B) from page 12. He stated that the sentence, "If parked on a side yard, pedestrian walkway of a width of not less than 36" shall be maintained for public safety access purposes." could be retained. However, the statement "within the front yard or side yard abutting a street, or within the side yard or rear yard" is confusing, and should be omitted. C/Grothe concurred that the last sentence, "If parked on a side yard ... access purposes," is acceptable. He pointed out that omitting "on one side yard" now permits the parking of an 8 foot motor home on the side yard, but with a 36" walkway, which was not the intent of the commission. Therefore, the statement "on one side yard" should be retained. He concurred that the verbiage on page 12 is preferable. ICA/Montgomery expressed concern that Public Safety Officials may require access on both sides of the property. Upon the concurrence of the Planning commission, staff will reinsert the statement if deemed necessary. The Planning Commission concurred. C/Flamenbaum made 'the following suggestions to amend the document: delete the word "maybe" in. Section 22.54.050 on page 5, and include those specific items believed to be a nuisance per se, such as the parking of 18 wheelers on private residential property, tires used as planters in front yards, and automobiles parked on unpaved portions of the front yard for periods in excess of 72 hours; and reword the first sentence in Section 22.54.140 Landscape Maintenance, on page 9, to read, "All landscaped areas within the front yard within any developed lot..." CDD/DeStefano pointed out that some properties back up to the February 28, 1994 Page 5 boulevard and their back yards can be seen off of Diamond Bar Boulevard. C/Flamenbaum stated that it was the consensus of the Commission that any area behind the house was a private concern of the property owner. C/Grothe stated that he recalled it was the consensus of the Planning Commission that the landscaping in all yards shall be maintained with the intent of getting the weeds pulled on those hillsides. C/Flamenbaum pointed out that the problem of weeds on slopes are better addressed with hillside abatement or weed abatement provisions, not landscape maintenance. The back yard of someone's property should not be the concern of the City. Following discussion, the Planning Commission concurred to reword the first sentence in Section 22.54..140 to specifically indicate front yards, and developed property. C/Flamenbaum suggested that the second paragraph, first sentence of Section 22.54.140 be amended to add the word "substantially" before the words "free of debris". He reiterated his desire to specify examples of "public nuisance or nuisance per se" in the Abatement section. ICA/Montgomery explained that a "nuisance per se" is defined as something that exists that is hazardous to health or safety, and a "nuisance" in general is a question of fact if it is a nuisance or not. He stated that it would be acceptable if the Planning Commission desired to insert examples of a "nuisance per se." VC/Plunk suggested that Section 22.54.110 Storage --Front Yard/Side Yard Abutting a Street (A) , on page 7, be amended to permit boats. She also suggested that Section 22.54.140 Landscape Maintenance, on page 9, include a provision addressing property owners that are maintaining a portion of the property specifically for wildlife habitat. Chair'/Meyer noted that one of the suggestions is to specify that landscape maintenance provisions apply only to front yards. Therefore, if the suggestion is accepted, then maintaining back yards in a natural condition would be acceptable. Chair/Meyer declared the public hearing opened and invited those wishing to speak to come forward. Al Rumpella, residing at 23958 Golden Springs, pointed out the Vehicle Code does not permit commercial vehicles over 10,000 pound gross weight to be off a truck route, thus addressing any problems regarding 18 wheelers in residential areas. He February 28, 1994 Page 6 then made the following recommended changes to the document: delete "of the community or the comfort or convenience" from the second sentence in Section 22.54.040 Public Nuisance, on page 5, and delete the words "comfort and convenience" at the end of the sentence; delete "boats" and "camper shells" from Section 22.54.110 (A) Storage, on page 7; and define the word "fence" in Section 22.54.110 (C) because wrought iron and chain link fences provide no screening from public view as required. C/Grothe suggested the word "from public view" be stricken so it would read, "a street shall be screened by an approved wall or fence." Al Rumpella continued with the following suggested changes: amend Section 22.54.120 Motor Vehicle Parking, on page 8, to indicate "on one side yard"; define "fence" as indicated on page 10, Section 22.54.150 (B) Fence and Wall Maintenance, and on page 17, Section 22.54.290; include language addressing the need for a reply to written notices as indicated on page 24, Section 22.54.400 (A), item 3; replace the word "Code Enforcement Official" on page 25, Section 22.54.400 (D) and throughout the document, with "City Manager or his designee"; correct the spelling of "follow" as indicated on page 27; amend Section 22.54.520 Continuing Violations to indicate one offense until the problem is taken care of; and include language pertaining to a "grandfather clause". Don Gravdahl, residing on Minnequa, suggested the following amendments: the statement "maintained for the transportation of persons for hire, compensation, or profit...", as indicated in Section 22.54.060 Commercial Vehicles (a), needs further work because it includes a vehicle used by a business person to carry a briefcase; Section 22.54.120 Motor Vehicle Parking, as written, effectively takes all RV's off the side yard and on to the street, and should be amended to indicate "on one side yard"; there should be a provision addressing the maintenance of public facilities by public agencies; the provisions should address the maintenance of landscaping in drought conditions; and Commercial Parking should define "paved" because the RV storage area parking lot on the corner of Brea Canyon and the 60 freeway is gravel. Bob Zirbes made the following suggested changes: define "indecent" as indicated on page 5, Section 22.54.030 Nuisance in General; omit "boats" from Section 22.54.110 Storage, on page 7, and address camper shells" in the Parking section; add "economic hardship, and/or physical handicap" to the last sentence of Section 22.54.400 (D) Extension of Time to Perform Work; and delete Section 22.54.520 Continuing Violations, on page 31. Oscar Law suggested that the Draft PMO include a "grandfather" clause to permit existing nonconforming uses. February 28, 1994 Page 7 CDD/DeStefano pointed out that allowing a "grandfather" clause may require an inventory of the entire community in order to determine the amount of time the situation has been existing, and to verify that it did not occur just shortly before the enactment of the ordinance. Rick Imperial, residing at 1318 Crestmont Drive, expressed his support of the draft PMO. There being no one else wishing to speak, Chair/Meyer declared the public hearing closed and returned the matter back to the Planning Commission for consideration. C/Flamenbaum questioned if including a grandfather clause would make it difficult to enforce the Ordinance on such problems as spare tires in front yards, parking on grass, etc. ICA/Montgomery stated that a zoning ordinance can't operate to compel immediate discontinuance of an otherwise lawfully established use, unless that use constitutes a public nuisance. A provision could be included in the PMO allowing a reasonable amount of time .to abate that nuisance; however, the City cannot categorically permit certain nuisances to continue if declaring more recently arriving nuisances to be illegal. ICA/Montgomery then defined a "nuisance per se" as a nuisance which is a nuisance by virtue of it's very existence and requires no burden of proof on the public agency to establish it as a nuisance, such as an open hole in a school yard, a car on fire in a parking lot, etc. Chair/Meyer pointed out that the discretionary review procedure allows these unusual cases to be determined on an individual basis, allowing discretion to the hearing officer relative to abatement proceedings based on economic hardship, physical disability, and other such items in the relevant staff report. He concurred with C/Flamenbaum that grandfathering in existing situations thwarts the entire process of the PMO. Following discussion, the Planning Commission concurred to direct staff to include verbiage in Section 22.54.400 (D) Extension of Time to Perform Work, on page 25, adding a provision similar to a variance finding of fact giving the hearing officer greater latitude to determine extending the period of time for abatement. RECESS: Chair/Meyer recessed the meeting at 8:50 p.m RECONVENE: Chair/Meyer reconvened the meeting at 9:03 p.m. CDD/DeStefano suggested that Section 22.54.400 (D), page 25, could be amended to indicate "there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location, or February 28, 1994 Page 8 surroundings that are not generally applicable to other properties in the same vicinity and under identical zoning classification", and indicate "an extension of time is necessary for the preservation of a substantial property right of the applicant, such as that possess by owners of other property or in the same vicinity and zone", and make a finding that "the extension of time would not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone." The Planning Commission concurred with the suggested language. The Planning Commission then discussed all the issues brought forward, and concurred with the following: o Section 22.54.110 Storage --Front yard/side yard abutting a street (page 7) Reword item C. to read, "...side yard abutting a street shall be screened by an approved wall or fence." Side yard is defined as that which is behind the approved fence or wall. Reword item A. to delete "boats", and change "camper shells" to "dismounted camper shells". o Section 22.54.120 Motor vehicle Parking (page 8) Reword item A., last sentence, to read, "If parked on a side yard, an open pedestrian walkway or a width of not less tan 36" shall be maintained on one side yard for public safety access purposes." Include the verbiage on page 12 for item B. o Section 22.54.140 Landscape maintenance (page 9) Reword the first sentence to read, "All landscaped areas within the front yard of any developed lot or. parcel designated as single-family...", and throughout the document for consistency. Reword the first sentence in the second paragraph to read, "Landscaped areas shall be kept in a neat and clean condition, substantially free of debris and dead..." o Section 22.54.150 Fence and wall maintenance (page 10) Reword item B. to read, "All fences and walls utilized... such materials, as permitted by applicable law.". All references to the Building Code should be changed to "applicable law." o Section 22.54.190 Motor vehicle parking (page 12) Change item B. to indicate that "no more than two such February 28, 1994 page 9 permitted vehicles may be parked on any such lot or parcel at any one time." The intent of the provision is to restrict the number of vehicles used for business purposes. o Section 22.54.280 Landscape maintenance (page 16) Include the word "substantially" prior to the words "free of debris... 11 in the second paragraph, first sentence. The entire document should be amended to repeat the changes adding the word "substantially", replacing "Building Code" with "applicable laws", and adding "nuisance per se", etc., throughout the document for consistency purposes.. o Section 22.54.400 Procedure for abatement of public nuisances (page 23) Reword the first sentence in item 3. to read, "The written notice and order of abatement shall be served to the affected party by certified and regular mail..." The PMO need not include a provision that notices should be in multiple languages because it may not be required, and, if it were, a different statute would apply to that situation. Change "Code Enforcement Official" to "Hearing Officer", on page 25, Item (D) Extension Of Time To Perform Work, and include "economic hardship, and/or physical disability" to the last sentence, and include the provision mention earlier by CDD/DeStefano granting the Hearing Officer discretionary approval to extend the length of time for the abatement proceeding based upon findings of fact. o Diagram A Illustration Of Lot Line And Yard Designation (page 22) Change the "Street" designation to "Curb Face". o Exhibit "A" (page 26) Include a flow chart in an administrative manual to reference Exhibit "A". o Section 22.54.420 Abatement of public nuisances by the city (page 27) Insert "City Council" where applicable, and indicate the "City Manager or his/her designee", where appropriate throughout the document. 0 Section 22.54.430 Abatement of imminently dangerous February 28, 1994 Page 10 Public nuisances (page 28) Change "Code Enforcement Official" to "City Manager," where appropriate. throughout the document. It may be appropriate to redefine that the Code Enforcement Official is the City Manager or his/her designee. o Section 22.54.450 Procedure for special assessment (page 28) Change "Planning Commission Secretary" to "City Clerk," where appropriate throughout the document. o Section 22.54.510 Right of entry (page 31) Retain subsection (A) as drafted per the opinion of the Deputy City Attorney's letter dated June 28, 1993 which indicated that the right to enter private property will be governed by all applicable State and Federal law. Retain subsection (B) as drafted, per the opinion of the Deputy City Attorney's letter dated June 28, 1993, since it is a matter of case law. o Section 22.54.520 Continuing violations (page 31) The Planning Commission concurred to retain the language as written. The Planning Commission concurred that the desire is to reference that the intent is to correct the situation through the abatement procedure, not through fines. ICA/Montogmery suggested that the violation be viewed as one violation that continues till abated. The Planning Commission then discussed those issues brought forward but not yet addressed, and concurred on the following: o Responsibility of Maintaining Public Facilities The Planning Commission noted that a public agency can't impose it's ordinance on other governmental agencies, nor can a public agency impose it's ordinance upon itself because it would not prosecute itself. o Watering Property during Drought Conditions The Planning Commission noted that "adequate" watering does not preclude over watering or cutting back as appropriate. Weather conditions need not be mentioned because other codes would automatically vacate the provision in the code. February 28, 1994 Page 11 o Commercially Paved Areas The Planning Commission noted that gravel is acceptable in the definition of paved. o Sunset Clause The Planning Commission concurred that a sunset clause need not be recommended because it is already the responsibility of the Planning Commission to review the General Plan every two years, and since implementing ordinances must be consistent with the General Plan, a forum is already provided to review such ordinances. o Nuisances per se There was discussion to insert specific definitions that were cited by the applicable civil code, or case law in the State of California. ICA/Montgomery reviewed the various examples cited. He noted that aesthetic tastes would probably not come under a nuisance per se. A nuisance per se must be a genuine health and safety hazard. Following discussion, the Planning Commission concurred. to retain the language as written. Moved by C/Grothe and seconded by C/Li to recommended that the City Council adopt draft Property Maintenance Ordinance, as amended. The Motion CARRIED 5-0 as follows: AYES: COMMISSIONERS: Grothe, Li, Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None INFORMATIONAL ITEMS Flamenbaum, VC/Plunk and C/Li and C/Grothe expressed their appreciation for having been able to serve on the Planning Commission. PRESENTATION OF PLAQUES TO OUTGOING COMMISSIONERS Chair/Meyer presented plaques to C/Li and C/Grothe extending the Planning Commission and staff's appreciation for their input and service the past year(s). Chair/Meyer informed the Commission that the City Council has requested the appearance of the Commissioners, both incoming and outgoing, of all Commissions to attend the City Council meeting of PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles I, NANCY PAISLEY do hereby declare that I am a citizen of the United States; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the Legal Advertising Clerk of the INLAND VALLEY DAILY BULLETIN (Formerly the Progress Bulletin) A newspaper of general circulation, published daily in the City of Pomona, County of Los Angeles, State of California, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of June 15, 1945, Decree No. Pomo C-606; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: March 111 1994 I declare under penalty of perjury that the foregoing is true and correct. Dated March lit 1 9oA 7 nature i Proof of Publication of NOTICE OF PUBLIC HEARING CITY OF DIAMOND BAR NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the City Council will conduct a Public hearing on the following item: ZOnirlq Cede AmaMment No. 91's - Property Maintenance Ordinance. A City Initiated rpuest to amend Title 22 of Me Los Angelas County Code by adding a new chapter. establishing property, Mal an standards. APPLICANT: City of. Diamond Bar ENVIRONMENTAL Categoric Ily Exempt,j Sedlon 1")21 the Public hearing, tbut wish to send written comments, Please write to the Diamond i or Community Develop.j ment Department at the adtlress given below, Atten-. tion: James I>•Staf&no. You may also obtain additional'. Information concerning this; case by phoning! (909) 396.5676. It you challenge this! ordinance In court, you may i be limited to raising only, than Issues you or someone) else raised at the public I hearing described in this notice, or In written eorre. sred the city ounci0eat morn prior to, the public hearing. DATE OF PUBLIC NEAR. INO: Tuesday, Aprit S, 1994 TIME OF HEARING: LOCATION: th Coast SouAir Quality Managementl District, Board Room, 21065 E..Copley Dr., Diamond Bar, California CASE MATERIALS: Are available for review during regular office hours at the City Hall, 31660 COpley Drive, Suite 110, Dlamondl Bar, CA 91765. f11 Lynda Burgeas/SS City Clerk Publish. 7/11/194 (DC79110)I (Space below for use of County Clerk only) SAN GABRIEL VALLEY TRIBUNE 12 1 O N. Azusa Canyon Road West Covina, CA 91790 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA Proof of Publication of County of Los Angeles I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation printed and published daily in the City of West Covina, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not. in any supplement thereof on the following dates. to wit. 3/11/94 I declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this _day of. MAR(:H 1 g q ��� �4� Signature NOTICE OF PUBLIC NEARING NOTICE IS HEREBY GIVEN BY THE CFTY OF DIAMOND BAR that the City Council will conduct a public hearing on the following item: Zonlnv Code Amendment No. ria . P A Cittlni�tiated Ordinanceintenance to amend Title 22 of the Los Angeles County Code by adding a new chapter establishing property maintenance case by phoning III If you challenge may be limited o r someone else ra described in ih correspondence de or prior to, the pul Data of Publ It Hoo Location: Sou ' Management Dist Copley Drive, Dia Case Materials: during regular off I Copley Drive, Suit Publish: March 11 San Gabriel Valley Categorically attend the fddress given below, itefano. You may also motion concerning this 96.5676. ordinance in court, you i only those issues you or at the public hearing otice, - or In written !d fo the City Council at, earing. Tuesday, April 5, 1994 •00P.m. Coast Air Quality urgess, City Clerk E. No. 4788 CITY OF DIAMOND BAR AGENDA NO. � AGENDA REPORT TO: Terrance L. Belanger, City Manager REPORT DATE: March 29, 1994 MEETING DATE: April 5, 1994 FROM: James DeStefano, Community Development Director TITLE: Second Reading of Ordinance No. 1 (1994) adding a new Chapter 15.38 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: This item was held over from the City Council meeting of March 15, 1994. 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 September 2, 1994 unless repealed or extended. RECOMMENDATION: It is recommended that the City Council approve second reading and adopt Ordinance 1 (1994). LIST OF ATTACHMENTS: X Staff Report X Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Ordinances(s) X Other Matrix Planning Commission Memo Chanter 99 Agreement(s) EXTERNAL DISTRIBUTION: Los Angeles County District Attorney's Office SUBMITTAL CHECKLIST: No 1. Has the resolution, ordinance or agreement been reviewed X Yes by the City Attorney? rity 2. Does the report require a majority or 4/5 vote? XaJYesy No 3. Has environmental impact been assessed? — — 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: -.Terrance L. Belanger Frank Usher City Manager Asst. City Manager "DeStefanopment Director AG nen'n'is'� A. Tarango Building Official ORDINANCE NO. 1 (1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, ADDING A NEW CHAPTER 15.38 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, INCLUDING FEES AND PENALTIES. A. Recitals. (i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 (§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 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 §50022.6. (iii) A duly noticed public hearing, as required by California Government Code §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. 1 section 2• Chapter 15.38 of the Diamond Bar City Code, hereby is adopted; provided, however, that said adoption 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 15.38 hereby is added to Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: "Chapter 15.38 "Building and Property Rehabilitation ,,Sections: 1115.38.010 Building and Property Rehabilitation - Adopted ,,15.38.020 Section 9902 - 9902(g) Amended - Added "15.38.030 Section 9902(h) - Added ,,15.38.040 Section 9904(0) - Deleted 1115.38.050 Section 9905 - Amended 1115.38.060 ,,15.38.070 Section Section 9906 - Deleted -15.38.010 Buildin and Pro erty Rehabilitation - Adopted "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 15.38. 2 "15.38.020 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 15.38 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 15.38 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. 1115.38.030 Section 9902(g) - 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 15.38 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. Q. "15.38.040 Sectioa 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 15.38 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. "15.38.050 Sectioa 9904(0) - 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. 1115.38.060 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 follow: stored in front or side yards visible from "Garbage cans public streets, except when placed in places for collection within twelve (12) hours before or after scheduled collections. "15.38.070 Sectioa 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. 4 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 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. 5 Section 6. Severabilit 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 b y 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. Section 7 This Ordinance shall remain in effect only September 2, until 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 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 AMID APPROVED this _ day of __, 1994. Mayor H. 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 in 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: City Clerk of the City Diamond Bar 7 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.� >/ TO: Terrance L. Belanger, City Manager MEETING DATE: April 5, 1994 REPORT DATE: March 29, 1994 FROM: James DeStefano, Community Development Director TITLE: Second Reading of Ordinance No. 1 (1994) adding a new Chapter 15.38 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: This item was held over from the City Council meeting of March 15, 1994. 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 September 2, 1994 unless repealed or extended. RECOMMENDATION: It is recommended that the City Council approve second reading and adopt Ordinance 1 (1994). LIST OF ATTACHMENTS: X Staff Report X Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Ordinances(s) X Other Matrix. Planning Commission Memo Chapter 99 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: /OkA-•Terrance L. Belanger City Manager Frank Usher Asst. City Manager i James DeStefan Community Dev opment Director Dennis A. Tarango Building Official ORDINANCE NO. 1 (1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, ADDING A NEW CHAPTER 15.38 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 BIIILDING' CODE, 1988 EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, INCLUDING FEES AND PENALTIES. A. Recitals. (i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 (§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 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 §50022.6. (iii) A duly noticed public hearing, as required by California Government Code §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. 1 Section 2• Chapter 15.38 of the Diamond Bar City Code, hereby is adopted; provided, however, that said adoption 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 15.38 hereby is added to Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: "Chapter 15.38 "Building and Property Rehabilitation "Sections: "15.38.010 Building and Property Rehabilitation - Adopted "15.38.020 Section 9902 - Amended 1115.38.030 Section 9902(g) - Added 1115.38,.040 Section 9902(h) - Added 1115.38.050 Section 9904(0) - Deleted 1115.38.060 Section 9905 - Amended 1115.38.070 Section 9906 - Deleted "15.38.010 Building and Property Rehabilitation - "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 15.38. 2 "15.38.020 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 15.38 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 15.38 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. "15.38.030 Section 9902(x) - 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 15.38 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. 3 "15.38.040 S ctioa 9902(h) - A ded. "Section 9902 of the Building and Property Rehabilitation f the Los Angeles County Building Chapter 99 of Title 26 o Code, 1988 Edition, herebyamended b the addition of a new is Y subparagraph (h) to read in words and figures, as follows: 11(h) County defined. Whenever in this Chapter 15.38 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. "15.38.050 Section 9904(0 - 'Section 9904(o) 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. "15.38.060 Sec 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 follow: "Garbage cans stored in front or side yards visible from within public streets, except when placed in places for collection twelve (12) hours before or after scheduled collections. "15.38.070 Section 9906 - Dele ed "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. 4 Section 4. Penalties for Violati n 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 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 '--aedies 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. 5 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. Section 7. This Ordinance shall remain in effect only until September 2, 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 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. ADO= AND APPROVED this _ day of , 1994. Mayor C. 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: City Clerk of the City Diamond Bar 7 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM DATE: February 8, 1994 TO: Honorable Mayor and Members of the City Council FROM: James De Stefano Community Development Dir ; O SUBJECT: Readoption of Chapter 99 of the Losvl Code (Building and Property Rehabili ation) eles County The Planning Commission is currently in the a Draft Property Maintenance*Ordinance (PMOprocess of reviewing noted that consideration of the PMO is ). The Commissionneed has a MO enhance or replace existing code enforcement tools. The Commission is aware of Chapter 99 of the Los Angeles Code which sets forth provisions responding to substandard buildings. The Commission recommends that the CitypCouncild adopt, if appropriate, Chapter 99, on an interim basis, which would provide an immediate enhancement and allow the Commission additional time to complete and forward its recommendation on the PMO. JDS\mco CITE' COUNCIL REPORT AGENDA NO. MEETING DATE: February 15, 1994 To: Honorable Mayor and Members of the City Council FROM: James DeStefano, Community Development Director Dennis A. Tarango, Building Official SUBJECT: Consideration of Ordinance No. 94-XXT4410aiinQ (mousing Code) of -the -Diamond Bar City Code, as heretofore adopted, er new Chapter 15.30, to the Diamond Bar City Code and'adoptiadng, t reference, the Building andJProperty Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, .1988 Edition together with certain amendments, additions, deletions and exceptions. ISSUE STATEMENT: This report requests the City Council to review Chapter 99 of the Los Angeles County Building Code and to approve it, asamended, in order to provide an enhanced set of standards for property maintenance. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony, and approve the proposed ordinance. FINANCIAL SUMMARY: This ordinance would have no financial impact on the City's 1993-1994 budget. BACKGROUND: In the process of adopting the 1991 Uniform Building Codes, the City repealed all Los Angeles County Codes, along with Chapter 99 (Building and Property Rehabilitation). To replace Chapter 99, the City of Diamond Bar Uniform Housing Code was adopted. During these past two years, the Department of Community Development has experienced various property maintenance type violations (i.e. trash storage visible from the street, trailers stored visible from the street). The Planning Commission is currently reviewing a Property. MaintenanceOrdinance designed to meet the specific needs of the community. The re -adoption of Chapter 99, as amended, is presented to serve as a strong, enforceable interim maintenance code. DISCUSSION: An analysis has been performed to compare Chapter 99'(Building and Property Rehabilitation) with the existing City Housing Code and the most recent draft of the Property Maintenance Ordinance. Attached is a matrix showing the differences. between Chapter 99 and the City Housing Code, as -well as the draft Property Maintenance Ordinance. In adopting the 1991 Uniform Building Codes, it was the staff opinionn that most of the items previously dealt with in Chapter 99 of the Los Angeles County Building Code are now included Housing Code (1991 ed, in the City of Diamond Bar Uniform subsections of Chapter 99 .(Def (Definition p Substandard Buildon further ings, of the Conditions andthree eir counterparts in the Uniform Substandard Property) and comparin gs� Substandard Housing Code it is evident that, whereas em with tithe Substandard Buildings and Substandard Conditions sections are repeated almost verbatim in the Housing Code, the Substandard Property subsection of Chapter 99 goes into far greater detail on many violations relating to property maintenance which are detrimental to nearbyp and unsightly property not in conformance tsurrounding neighbto orhood�,aorein such deterioration or disrepair as to diminish surrounding The Substandard Property subsection also highlights specific violations, such as clotheslines in the front Property values. trailers areas yard, garbage cans visible from the street, and ordinance also establishes alsible from the maximum time period allowed street. The, proposed interim be stored in front yards prior to collection, as ell asra prow s on sfto or abatement of abandoned vehicles, which is not contained in the Housing Code and for which the City currently uses the Vehicle Code, section 22660, for their removal. Re -adoption of Chapter 99 would allow consolidation of property maintenance and abandoned vehicle abatement into one ordinance. The Building Official has consulted with Mr. County District Attorney, who would be the Bill woods, the Los Angeles that point, as to the enforceability of the prosecutor should a case reach that Chapter 99 is a good eq Proposed ordinance. He expressed successful in prosecuing Chaptero991typelation,ionand that he has been very During the past year, the Planning Commission has been working on a Pro e Maintenance Ordinance designed to meet the specific needs of the City rt Diamond Bar. The Commission has recommended that the Council consider, if appropriate, the re -adoption of Chapter 99 on an interim basis. CONCLUSION: Based upon recent complaints filed with the Code Enforcement office pertaining to certain properties which are not being maintained in conformity with the neighborhood which may affect surrounding val'Ues, and complaints pertaining to aesthetic issue: such as viible trash storage and trailer parking, the re -adoption of Chapter 99, as amended, would serve the needs of property owners in enforcing the'maintaininq of safe conditions and property values, until the new Property Maintenance Ordinance is completed and adopted. PUBLIC HEARING NWIFICATION: Public hearing notices for the February published within the San Gabriel 15, 1994, City Council Meeting were ey Tribune and Bulletin on February 3, 1994 in accordance with State Law. aland Val •y pa;t� PREPARED BY: Dennis A. Tarango Building Official 1988 EDITION 9901.990 Chapter 99 BUILDING AND PROPERTY REHABILITATION Scope Sec. 9901. (a) General. The provisions of this chapter shall apply to all substandard buildings, substandard structures and substandard property. (b) Existing Buildings. Occupancies in existing buildings may be continued as provided in Section 104 (g) except in such structures as aro found to be substand- ard as defined in this chapter and ordered vacated or as are found to be unsafe as �i defined in Section 203. Definitions Sec. 9902. For the purposes of this chapter, and in addition to the definitions set forth in the previous chapters of this code, certain terms, phrases and words and their derivatives shall be defined as set out in this section. Words used in -the singular include the plural and vice versa. (a) BOARD is the building rehabilitation appeals board as set forth in Section 9906. (b) BUILDING is any structure. (c) COMPLETION. Where a building is found to be substandard due to having been under construction for an unreasonable time, as defined in Section 9903 (b), the terms "demolition. improvement, removal, repair or rehabilita- tion," as used in this chapter shall include "completion." (d) DEMOLITION. Whenever the word "demolish" or "demolishment" is used in this chapter, it shall include the removal of the resulting debris from such ©demolition and the protection by fditg of excavations exposed by such demoli- tion and abandonment of sewer or other waste disposal facilities as may be required by this code or otter ordinances or laws. (e) PARTY CONCERNED. As used in itis chapter "party concerned" means the person, if any, in real or apparent charge and control of dic premises involved, the recall owm the holder of any mortgage, trust deed or otter lien or encum- brance of record, the owner or holder of soy Jesse of record, the record holder of any other estate or interest in or to the building or structure or the land upon which it is located. As used in this paragraph all reference to "record" means matters of record in the Department of Registru-Recorder of the County of Los Angeles which dere ieely and specifically describes the premises involved. (f) VEHICLE—DEFINED. As used in this chapter "vehicle" means a device A by which any person or property may be propelled, moved, or drawn upon a L highway, excepting a device moved by human power or used exclusively upon ststiortary rails arac tks. A Definition of Substandard Building A Sec. 9903. (a) Any building or structure or portion thereof, or the premises on A which the same is located, in which there exists any of the conditions listed in L 814.81 ti 9903-9904 UNIFORM BUILDING CODE AASection 9904 to an extent that endangers the life, limb, health, property, safety or welfare of the public oroccupants thereof, shall be deemed and hereby is declared L to be a substandard building. A(b) Any unfinished building or structure which has been in the course of `� A construction an unreasonable time, in no event less than S years, and where the AA appearance and other conditions of said unfinished building or structure ant such that the unfinished structure substantially detracts from the appearance of the A immediate neighborhood or reduces the value of property in the immediate AL neighborhood, or is otherwise a nuisance, shall be deemed and hereby i to be a substandard building. s declared A Substandard Conditions A Sec. 9904. Substandard building conditions shall include but are not lt L the following: imited o A (a) Inadequate Sanitation. 1. Lack of hot and cold running water to plumbing A fixtures in a hotel or dwelling unit. L 2. Lack of the minimum amounts of natural light and ventilation required by A A this code. AL 3. Room and space dimensions less than required by this code. 4. Dampness of habitable rooms. A S. Violation of any applicable provision of Ordinance No. 7583, as ordinance L adopting a Health Code, adopted August 25, 1939, as determined and reported to I A the building official by the health officer. � (b) Structural Hannh. I . Deteriorated or bu degtute L . foundations. ' A 2Defective, deteriorated or inadequate size flooring and/or floor supports. AA3. Defective, deteriorated or inadequate size members of walls, partitions or other vertical supports. {" A4. Defective, deteriorated or inadequate size ceiling, roof or other horizontal A supports. ' A S. Defective, damaged or inadequately constructed fireplace or chimney. A (c) Inadequate W Hazardous Wining. 1. Lack of required electrical lighting or convenience outlets. In existing residential occupancies, every habitable room is regrrinad to eoataia at lean two suPp(iedelecuic convenience outlets or one such convenience outlet and one supplied electric fixture. Every water closet comport- `- A mO. bathroom, laundy room, furnace room and public hallway in such occu- A Pis are required to contain at least one supplied electric fixture. A Y All Win except that which conformed with all applicable laws in effect at A tAsit of installation and which has been maintained in good condition and is L being used in a safe manner. A A (d) Inadequate or Faulty Plumbing. 1. Lack of plumbing fixtures required � elsewhere in this code. A2. All plumbing except that which conformed with all applicable laws in effect ` Aat the time of installation and which has been maintained in good condition and which is free of cross connections. 814.62 1966 EDMON 9904-9905 . (e) Inadequate or Faulty Mechanical Equipment. l . Lack of safe, adequate heating facilities in a dwelling, apartment house or hotel. 2. Lack of, or improper operation of, requited ventilating equipment. 3. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition. (f) Faulty Weather protection. 1. Lack of a sound and effective roof covering. 2. Lack of a sound and effective exterior wall covering. 3. Broken windows and doors. 4. Deteriorated or ineffective waterproofing of foundation walls or floor (g) Faulty Materials of Construction. Any material of construction except those which are allowed or approved by this code and which have been adequately maintained in good and safe condition. (h) Hazardous or Insanitary Premises. Those premises on which an accumu- lation of weeds, vegetation, junk, dead organic muter. debris. garbage, offal, rat harborages, stagnant water combustible materials, and similar materials or con- ditions which constitute undue fire, health or safety hazards. (i) Hazardous Buildings. Any building or portion thereof which is determined to be an unsafe building as defined in Section 203 of this code. (j) Inadequate Exits. All buildings or portions thereof not provided with exit facilities as required by this code except those buildings orportio s thereof whose exit facilities conformed with all applicable laws at the time of their construction and provide adequate safe exits for the building occupants. (k) Fire Ha=rd. Any building or portion thereof, device, apparadu, equip- ment, combustible waste or vegetation which is in such a condition as to cause a rut or explosion or provide a ready !ilei to augment the spread and intensity of free or explosion arising horn any cause. p) Inadequate Fin Prelectlon or F bv-f%b ft Equipment. All buildings or portions thereof which are not provided with the free-msisgve eonstrucons or fate -extinguishing sysoem or equipment mquited by this code, except those build- ings Or portions thereof which conform with W applicable laws at the time of deir construction and whose fire -resistive imaghty and fireerttiaguishing systems and equipment povide adequate fine nfety (m) Improper Occupancy. All buildings or portions thereof occupied or used for any purpose for which they were not designed or intended to be used. (a) Abandoned Bei MbW. All buildings or portions thereof which are aban- desed, open or vandalized or both.;- - (o) UnMiahed Rebated Buildings or Structures. Buildings or structures or rwtioai thereof as described in Section 6811. Subshndard Property �• Sec. 9905. Any one or more of the following conditions shall constitute substandard property. (a) Substandard buildings; 814.63 8905 UNIFORM BUILDING CODE A (b) Unpainted buildings causing dry rot, warping and termite infestation; f I L(c) Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief; (� A (d) Overgrown vegetation causing detriment to neighboring properties or L property values. L (e) Dead trees, weeds and debris: L 1. Constituting unsightly appearance, or L 2. Dangerous to public safety and welfare, or L 3. Detrimental to nemb L Y property or property values. L (f) Trailers, campers, boats and other mobile equipment stored for unreason - L ble periods in yard areas contiguous to streets or highways and causing deprecia- � tion of nearby property values; (g) Inoperable or abandoned motor vehicles stored for unreasonable periods on A the premises and causing depreciation of nearby property values; A (h) Attractive nuisances dangerous to children in the form of: A 1. Abandoned and broken equipment, or A 2. Neglected machinery. �•' (i) Broken or discarded furniture and household equipment in yard areas for ' LA unroasonable periods; A (j) Clothesline in front yard areas; A (h) Garbage cars stored in front or side A except when placed in places of collection yards from public streets,, dw tunes permitted and in full i- �L compliance with Section 1707 0[ Ordinance No. 3860, entitled "The License Ordinance," adopted November 27, 1951; __ � 0) Packing boxes and otherdebris stored in yards and visible from public stress A for unreasonable periods; � (m) Neglect of premises: + L 1. To spite neighbors, or L 2. To influence zone changes, granting of exceptions or specialuse permits, or L. 3. To cam detrimental effect upon nearby property or property values: � (n) Maintenance of premises in such condition as to be detrimental to the public meaty Or 1011"+1 welfare or in such manner as to constitute LAhealth, a public nuisance as defined by Civil Code Section 3480; L (o) Property including but not limited to building exteriors which are main- taroad m such euadrtwo as tobecome so defective, unsightly, or in such condition A me of dounWratsoa or disrepair that the sum causes appreciable diminution of the L Ply vdues of surrounding property or is materially detrimental to proximal Apet>ga� ad improvements. This includes but is not limited to the keeping or dispoaiag ' L of or the scattering over the property or premises of any of the follow - A ing= A 1. Lumber, junk, trash or debris; A 2. Abandoned, discarded or unusued objects of equipment such as automo- 614.64 I M EDITION 9905-9908 biles, furniture, stoves, refrigerators, freezers, cans or containers; 3. Stagnant water, or excavations; 4. Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location; . (p) Maintenance of premises so out of harmony or conformity with the mainte- nance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties, (q) Property maintained (in violation of the rights of others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. (r) Grading which does not meet the minimum standards set forth in Chapter 70 of this code or which is done in violation of this code of any other county or state law regulating grading. Building Rehabilitation Appeals Board Sec. 9906. In order to hear appeals provided farm C11211 -99C 98' and in this chapter, there shall be and is hereby created a building rehabiliatton appeals bond consisting of rive members who are qualified to pas on Mattera'pertsiniing to substandard buildings and property. The member of the board shall be appointed by and hold office at the pleasure of the board of supervisors sad recommend may such new legislation as deemed necessary. The board shall adopt reasonable rules and regulations for conducting its investigations. The county engineer shall be an ea officio nonvoting member and an as secretary. He shall keep a record of all proceedings and notify all parties concerned of the findings and decisions of the board. Alternates Sec. 9907. Every member of the board of appeals (created by Section 206) is an es of cto alternate member of the building rehabilitation appeals board and may serve in the place orad stead of any regular member of the rehabilitation appeals board who is absent from any meeting and, at such meeting, shAM deemed to be a regular member of the building rehabilitation appeals board. Determination by County Engineer t A See. 9909. Whenever the(co=uaryeaiOneer determines by inspection that any A eggE WW of pottiest dw6it s substandard or any lot or other premises is- A subalaadatd, a both, as defined in this chapter, such building or premises, or A bob, aM bnvby declared a public nuisance, and the county engineer shall order L the 4111011041110110=131at of the nuisance by demonlition, repiir or rehabilitation of the t eeWard buiidiag or portion thereof Of at the option of the party concerned by L dtt♦ifm or demolishment thereof. The order also may require that the building A be v --sand. If We premises are substandard the county engineer also mayL order that the substandard conditions be removed. t A e�ass L A L A L A L A L A L A L A L A L A L A L A L A L A 9909-9912 UNIFORM BUILDING CODE Informal Notice Sec. 9909. When the county engineer has so found. in addition to any notices hereafter required by this chapter, he may give to the occupants of the substandard property, and to any other person whom he deems should be so notified, informs- tion concerning the provisions of this chapter, any violation thereof, how the person notified may comply and any other information as be deems expedient. He may post such information on the substandard property or on the substandard building. Notice of Substandard Building Sec. 9910. If, in the opinion of the county engineer; a building is found to be substandard as defined in this chapter, the county engineer shall give to the parry concerned written notice stating the defects thereof. The notice may require the owner or person in charge of the building or Premises to complete the required repairs, improvements, demolition or removal of the building or portions thereof within 30 days, or such other time limit as the county engineer may stipulate. Such notice may also requite the building, at portion thereof to be vacated and not reoccupied until the required repairs and improvements are completed, inspected. and approved by the County engineer A person notified to vacate a substandard building by the county engineer shall vacate within the time specified in the order EXCMWN: Whenever any budding or struchne or portion thereof t =W_ tw" oto immediate hazard io life or property, and in the opinion of the cowry eagmerthe condiumare such rhatrepmrsardemohnoe orotkerwork aeoesaary to aboe the haaN mus be uodwwken s merthao pmvWW by the proeeftu set (aeth in this chapter: be may mate such atsraaons or reinits, or cause Arch adw worts to be done to the eraser naeaewy to abate the hazard of demolinh the bttiidmg or aauueate or portion Ibsen A as ateaeoesaary to protect life or property, orboth. aaer giving luck notice b the penins eaesernsd as tete cimunistamm will Pamir or without any nodes rkekw[ when, in his opwm. immediate action is aecusary. Notid of Substandard property Sec. 9911. if. in the op®ion of the county engineer, property is found to be substandard property as defined in this chapter, the county engineer shall give to the party concerned written notice stating the conditions which nuke the property substandard. The notice may require the owner or person in charge of the premises to remove widds 30 days. or otber time limit which the county engineer may stipulate, the caatfiWaa which cause the property to be substandard. If, in order to comply with sue\ntttlie. is is necessary to remove any vehicle or any part thereof, such notice s mftn /e a description of such vehicle and the correct identification number and Iwe number, if available at the site. Combhtitt9 Notices Sec. 9112. A notice of substandard property and of a substandard building on such property may be combined into one notice. 814.66 f 19" EDITION 9913-9915 Service of Notice Sec. 9913. Proper service of a notice provided for in Sections 9910, 9911 and i 9912 shall be by personal service or by registered or certified mail upon every party concerned, by posting on the substandard building, if any, and upon the substandard property, if any, a copy of the notice. It shall be deemed a reasonable effort has been made to serve such notice when registered or certified letters have been mailed to the address of the interested party as shown on the official record. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the substandard building, if any,otherwise upon the substandard property, a copy of the notice. The designated period within which the owner or persons in charge is required to comply with such notice shall begin as of the date he receives such notice by personal service or registered or certified mail. If such notice is by posting, the designated period shall begin 10 days following the date of posting. Failure of any owner, party concerned or other person to receive such notice shall not affect the validity of any proceedings taken hereunder Other Interested Partlee I See. 9914. If the Notice of Substandard Building or Property requires the repair j or demolition of any building and if the demolition or other work necessary to remove the substandard conditions set forth in such notice is not completed within f the time specified in such notice and the county engineer intends to directly \, proceed to demolish the substandard budding or portions thereof, or cause such other work to be dome to doe extent necessary to eliminate the hazard or other substandard conditions which have been found to exist and, by a docurneut recorded in the office of the Deperuneat of Registrar -Recorder prior to the recordation of the Declaration of Subdande d Building or property, whether such 41 document describes the property Or sot, it appears that a person other than a parry I concerned, has any Md• dde, lies at interest in the property or any portion ! thereof, and such parson has not PwAmdy been notified of the sub andard i ung or ply conditions or peviotnlybeen served a copy of the Notice of t Substandard Budclipl a Property sed the addms of such parson is.lmows to the 0 county engineer ar can be ascertained by the exercise of due diligence, the oousty engineer shall serve a copy of the Notion of Subs[ ndand Building or Ptnperry on such persbu as provided in this chop m Sod person may request a hearing before t the building rehabilmean appeals board. The request must be made in writing to i the board within 10 days of the receipt of the copy of the Notice of Substandard Building or Property. It a Notice of Substandard property don not require the repair or demolition of any building no notice' need be given to any person other i this a POW concerned. t Dsarr■ion f of Substandard Building or Property t see. Ills. The county engineer may file with the Department of Registrar- At Recorder a declaration that a substandard building or substandard property or t both have been inspected and found to be such, as defined in this chapter, and that all parties concerned have been or will be so notified. After the county engineer Al 814.67 9916.9917 UNIFORM BUILDING CODE A finds that the public nuisance has been abated and either that such abatement has been accomplished at no cost to the county, or that such costs have been placed upon the tax rolls as a special assessment pursuant to Section 23843 of the Government Code, LyL (� or when the county engineer's jurisdiction has been pre. government acquisition of the propert empted by, he shall record in the Depart_ `. Amens of Registrar-Recorder a document terminating the above declaration. A Posting of Signs AL Sec. 9916. The county engineer may cause to be posted at such substandard building or property a notice of substandard building or property and/or a sip to Lread: "SUBSTANDARD BUILDING. DO NOT ENTER OR DAMAGE. BY ORDER OF THE DEPARTMENT' OF PUBLIC WORKS, BUi7.DING AND �SAFETY DIVISION, COUNTY OF LOS ANGELES." Such sip may contain Asuch additional information and warnings as in the opinion of the county engineer are expedient. Such notice or sign shall remain posted until the required L demolition, removal, batecadln or rem' cleanup are completed. Such notice not be of sign shall not be removed without = Permission L substandard his been Permission of the county engineer and if the building ordered vacated aupriOp shall enter except for. A the purpose of making the required A building. r'epa� or of demolishing the substaodod L � Right of herring and Rehaaring �Sec. 9917. (a) I3 A esuieg. My person having any right, title, lien or interest is L the property or any part thereof, or the \ �, • .' � - county engineer, trio A regarding the substandard condition of a building or Y Rquest a hearing Property afh:r dmt building or . Property is posted. A request b as L Y Y P� odwr than the county engineer shall be A made m writing to the bmriidisg rehabilintion appals board . . within 30 days after, A the building or property is panted. All persons who desire to be beard may appear before the building A aPP� board to show that the Property is or is aiot show cause why the « . L• substandard Or t0 even if ��' A substandard should ant be ordered barricaded L duaolrabed, rated or vacated. rep�eed, rehablh_ L L (b) Rthearing. A fee of S20D.00 SW be paid to the county engineer whenever A a person requests a taharing before the building rehabilitation appeals board to A request postponement of county action leading to demolition, removal, barricad- L ing, properly cleanup or other abatement procedure. At such a rehearing. the A board will consider W after evidence submitted and such consideration may find . A that a peetpnaament is wartanted and so order. or may find that further postpone. L rrreat s arwarranted and order any abatement work considered necessary to be perflarviad by a specified date after which date the county engineer shall cause A such wtsrllt to be performed or completed without further notice. The board may L also find due further rehearings are not warranted and order that no further A reharinp will be granted with respect to any or all of the required work. In the L event of such order the county engineer shall reject any request for further A rehearings and return `l any rehearing fees tendered, and any such request shall be L considered to have no bearing on the matter and in no way shall they postpone any 814.68 IM EDITION 9817 abatement action ordered by the board as a result of a rehearing granted under this section. Nothing in this section shall prevent the board itself or the county engineer from bringing any matter before the board for rehearing. The county engineer or a person affected may be granted a rehearing without payment of the prescribed fee, provided the county eaginea first determines and recommends that: I . The purpose of the rehearing is for an extension of time to complete work ordered by the board and, 2. Substantial pMVM has been made in accordance with the intent of the last board order, or 3. Circumstances warrant further review by the board. The county engrneer shall notify every person who has requested a rehearing of the time and place thereof or the denial thereof as provided in Section 9920 of this code, except a person who has waived such notice. The county engineer may, but is not requited. to give such notice of hearing to other persons concerned. The county engineer shall notify all Persons who either have requested a rehearing or who have corresponded with the ecttatty engineer corhoerning the case Of the action of due budding nhabditatioa appeals board. (c) Ve ides 7b Be Remwv@L The owner of such vehicle or the own= of the land on which such vehicle is located may request a hearing. This request shall be made in w10 days after the marling op notice of b tt ndoa to mmm abate and renwve leto the budding 1".11-2— Slip" bowd wi�tf the owner of the land on which the vehicle is located sthbmia a sworn wrhoa statement denying Msponsibay for the peeseace of the vehicle on his land within such time period. this stautmat shad be eoastruad IS a request for harml which does not requite the Presence of the owner submitting such request. if VXh a request is not received within such periodt the county engineer shall have the authority to remove the vehicle. (d) All parson: duabed is Subsection (a) above dMU be notified that prior to abatemeat of the pnblie a mint by the county. they we retitled to a hearing fiat rehabdiastion appals board. Howeve4 it they do not request in writing a baring befase the btri t rehabilitation appeal, board within 30 days of notification. or if they fill to appear at such a hearing which they have rcquu ed. dwy wM be daaahed to have waived their right -to a hearing before the building mb*Uitaoon appals board. (e) Ddspdm of Dowd of Supervisors Bearing. pursuant to Government Cods Saetiost 23145. Stdstectioa (f), the board of supervisors has delegated to the f3 tsbabilitadoa appeals board the hearing, prior to abatement of a public tegsn� . by Sur "Wdoa (a) of Government Code Section 25943. The IM=twhabdit@dm appeals board will hear all such hearings, as are requested W' 9917. and will snake written recommendations to the board of aaparvisors Mer each hearing. The board of supervisors May adopt the tecotn_ meadadons without further notice of hearing, or may set the matter for a de novo hearing before the board of supervisors. 914.68 A L A L A L A L A L A L A L A L A 9918.9923 UNIFORM BUILDING CODE A Hearing by Building Rehabilitation Appeals Board A Sec. "I.S. The building tehabilitation appeals board shall hold a hearing and A consider all competent evidence offered by any person pertaining to the matters L set forth in the report of the county engineer. � The building rehabilitation appeals board shall make written findings of fact as to whether or not the building or property is a substandard building or substandard A property as defined in this chapter. LHearing Not PAquested L Sec. 9919. V neither the county engima nor any other person requests a hearing and the substandard condition as ser forth in the Notice of Substandard Building or property is not completed within the time specified in such notice, the i county engineer may demolish such portions of the structures, or may cause such j other work to be done to the extent necessary to eliminate the hazards and other j substandard conditions which had been found to exist. Notice of Hearing . Sec. 9920. If either the county engross; or any other person, requests a heating within the proper time as provided in Section 9917 of this code, the building rehabilitation APPals board shall bold such heating: Not less than to days prior to the beariag the cOMY engiaea shall serve or causeto be served either in the manner rsgttired by law for the service of summons or by first class mail, postage Prof . , a copy of the Notice of Niearing Spon ever, person whom this chapter requires that the Notice of Substandard Building or Substandard property be served. Form and Contents of Notice Sec. 9921. The notice of hearing shall state: 1. The street address and a legal description sufficient for identification of the Premises which is substandard or upon which the building is located. 2. The cooditiom because of which the county engineer, believed that the building or property is substandard. 3. The date. hour and place of the bearing. Posting of NOW* See. 9"22. The county engineer shall post one copy of the notice of hearing in a conspicuous place on the substandard building involved, if any, otherwise on the sudcendatd pmpaty, not Was than to days prior to the hearing. Order &M 9923. When the building rehabilitation appeals board finds that the bWbft is a substandard building, it is hereby declared a public nuisance and bared upon its findings the said board shall order the abatement of this nuisance by barricading, demolition, repair or rehabilitation of the substandard building or portion thereof or at the option of the patty concerned, by the demolition or 814.70 I G-.�Y G. 19N EDITION 99239926 demolishment thereof. The order also may require that the substandard building be vacated. The order shall state a reasonable time within which the work shall be com- pleted which shall not be less than 10 days after the service of this order. The board for good cause may extend the time for completion in writing. Order—Substandard Property Sec. "U. When the board finds that any property is substandard property, it is hereby declared a public nuisance and based upon its fmdinp, the said board shall order the abatement of the nuisance by such means as the said board deems most feasible. If such menus include the removal of any vehicle or any part thereof, such order shall include a description of such vehicle and the correct identification number and license number; if available at the site. Work by Private Party Sec. 9925. Any person having the legal right to do so may repak or demal[ish a substandard building or do any other wont required to remove the substandard conditions at any time prior to the time whom the county does so, but if such person does such work after the time specified in the Notice of Substanded Building or Substandard property if no hearing was requested, otherwise, after the rinse specified in the last order of the building rehabilitation appeals baud, all cocas incurred by the county in preparation for the doing of such work we chergable to the property and shall be collated as provided in Section 9923 and Section 9929. if such work is completed atter the county engineer or purchasing agent has awarded a contract for such warp, the contractor shall receive the sum of $100-00 for his overhead and incidental expenses, unless specifically excluded by con- tract, and such sum of S 100.00 plus the amount specified in Section 9927 shall be the costs incurred by the county. N such work is ca -II, before the county engineer or purchasing agent has awarded a comtraaa, the arnount specified in Section 9927 shall be the costs incurred by the county. wbrk by COW" See. 9926. (a) Pievedssca. V the cider of the board regtthes the tepok or demolition of any bnOft. the order of the board is nacomplied with within the period designated by the bond and the public t a " , I show that time is my person who has my right. title or latest in the property or.any part th- e a by virtue of a document duly recorded prior to the recordation ofthe Declaration of. Substandard Building or Property, whetter such document deambes such prop- erty a pwt *- eof. area, stud such person has nes been previously nai led of the aMM of the board dw* the processing of the case, the county engineer shall sem upon such person as provided in Section 9920 a notice of the action of the b=twbkb notice also shall contain a statement that the county will demolish the belft or tales such other action as may be necessary to remove the substandard 000ftm unless such person. within 10 days. requests. in writing. a hearing. if such person requests such a bearing the board shall hold such hearing as provided in this chapter at which heating the board shall redetermine the facts and make a 814.71 99929 A new order as provided in Section 9923 and the former order shall cease to be of any A force or effect. If any board order made pursuant to Section 9923 or 9924 and not L superseded, or any order made pursuant to this section is not complied with within � . the period designated, the county engineer may then demolish the substandard AA building or portions thereof, or may cause such other worst to be dote to the extent necessary to eliminate the hazard and other substandard conditions deeermined to A exist by the board. If the order of the board does not require the repair or �L demolition of any building no notice of such order need be given to any person other than the party concerned. A(b) Emergency Procedures. When in the opinion of the county engineer a L substandard structure or portion thereof is an immediate hazard to life and AAparty, and the abatement of such hazard requires action pursuant to the exception in Section 9910, the county engineer may then demolish the substand- A es and building, or portion thereof. or may cause such other work to be doto the A extent necessary to eliminate the hazard. A Costs AA See. 9927. The costs involved in the demolition Of other work by the county engineer, including in addition to other costs the applicable AL forth in Table No. 99-A, shall become a s t I the costs as set Pedal assessment against the PrapeRT ANOthficatlon of Costs A Sec. MS. The county engineer shall notify, in writing, all parties concerned L and all persons notified pursuant to Section 9914, 9917, or 9926 of the amount of LA such assessment resulting from such work. Within S days of the receipt of such notice any such party concerned and any other person having any right, tick, or interest in the property or part thereof may file with the county engineer a written request for a hearing on the correctness or reasonableness. or both, of such assessment. Any such person who did not receive a notice pursuant to Section 9910. Section 9911, Section 9914 or Section 9920. and who bas not had a baring on the temaq of the demolition or other work. m suds request for baring also may ask that such necessity be weviewed. The building rehabilitation meals board there- upon shall sat the matter for hawing, give such person notice tbaeof as provided Section 9914, hold such bearing and deoernrine the reasonableness or cot. t- ness of the assessment, or both, and if requested. the necessity of the demolition or other work. The building rehabilitation appeals board shall nodfy all such persons of its decision in writing. If the total assessment determined as provided for in this section its not paid in full within 10 days after mailing of such notice by the county engineer, the county NOW shall Place such charge as a special assessment on the tax bill for the ICY pursuant to Section 25845 of.the government code. CoNeWon See. "29, The assessment shall be collected at the time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties UNIFORM BUILDING CODE 81 4.72 1988 EDITION 9929.9933 and the sante procedure and sale in case of delinquency as provided for ordinary county taus. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment, Salvage Sec. 9930. If a building is demolished or necessary work doze by the county Pursuant to the provisions of this chapter, the value of any salvage resulting from such demolition or other work may be applied to the coat of such work as follows: I . If the county enters into a contract with a private contractorthec may provide in such contract that as a part of the CoWWCratioe for the semina rendered, the contractor shall take tide ao such salvage, 2. If the contract does not so provide or if the coaaty does the'wodt without such a contract, the county may take tick to such salvage and credit the reasonable value thereof on the Costs incurred by the county. In any heating perut so this section to determine the reasonable cost of doing the work, the Molding mbabli. cation appeals board also may determine rhe neasoneble value. if aa� of such salvage. This section is permissive only and does trot require that the value of such salvage be applied to the cost of the work. Interference Prohibited '' Sec. 9931. A person steal! not Obstruct, impede or iinterfere wig the cote engineer or say Mprtt:entative of die county engine or with my p� e1p owns or bolds any interest a state in .a s ubstaeded 111118ft which bas ban ordwedby dw =MY Sugliew or by dw building ISMIAludon appeals board do be bare' m dad, repaired, vacated and repaired or rat:aiad ad demoUsbed or removed, or is any sWmuwdard property wbaaever tba eouaty salbeor Q sash ownsis ra=yed in barrieadiy, repairing, vacating and repairing. or daooliisb- ing any such substandard building or tenroving any substaodud caa�tions, P== to this chapter or in the performance of any weassery act pedimieary to or incidental to such work. or authorized or directed pursuant hereto. Prosecution Sec. 9932. In case the owner shall fail, neglect or refuse to comply with the directions in the Notice of Substandard Building or Substandardif neither be nor any other person requests a hearing) or with any order of the building rehabilitation appeals board, he shall be guilty of a misdemeanor and the county engineer may cause such owner of the building or property to be prose- cuted as a violator of this code. Other Abatement Procedures See. 9933. The provisions of this chapter shall not in any manner limit or restrict the county or the district attorney from enforcing county ordinances or abating public nuisances in any other manner provided by law, 514.73 L L L L A L A L A L A L A L A L A L 814.74 9934 UNIFORM BUILDING CODE - A LSec. Vehicles 9934. (a) Adoption by Reference of Section 22661 of Vehicle Code. All _,• - Aof the provisions of this chapter relating to the abatement and removal, as public : `',•. of abandoned. wrecked, dismantled or inoperative vehicles or parts Anuisances, thereof from private property are enacted pursuant to Vehicle Code Section 22661. All of the provisions of Section 22661 of the Vehicle Code are hereby � adopted by reference as a part of this ordinance. In the case of any conflict - L between the provisions of this chapter and the provisions of said Section 22661, I L the provisions of said Section 22661 shall prevail. = _ A= L (b) Notification of Department of blotor Vehicles. Within S days after the ! ' _ ='county or any officer thereof removes. pursuant to this chapter, any vehicle or any � part thereof, the county engineer shall so notify the Department of Motor Vehicles ' 1 A idem to the vehicle or part thereof. }' g . A (c) Notifiation of Highway Patrol. Not less than 10 days before the hearing 1 L provided for in Section 9920 the county engineer shall notify the California Highway Patrol thereof identifying the vehicle or put to be removed. _ _ A (d) i•ot to Be Reconstructed. A person shall not reconstruct or make operable _ r L v the coon pursuant to this chapter.--` any vehicle which has been removed by county purs - • ;- 3- ;:: •: A (e) Exceptions. A vehicle or any put thereof shall not be removed pursuant to ' A this chapter if such vehicle or part is: A 1. Completely enclosed within a building in a lawful manner where it is not �17 -. - Avisible from the street, highway or other public or private property, or L 2. Stored or parked in a lawful manner on private property in connection with _. A the business of a licensed dismantler: licensed vducle dealer or junkyard. This 4 _ A exception does not authorize the maintenance of a public or private nuisance. - Registration of Vddck. If any vehicle is removed pursuant to this chapter, L(f) the county engineer shalt forward to the Department of Motor Vehicles any Aevidence of registration available. including registration certificates, certificates .._ L of tide and license plates. , � (g) Proof of Nouraponsibility. The owner of any land upon which a vehicle Y ' A which has was been removed wlocated may appear in person at any hearing Aptaridad for in this chapter or present a written statement in time for consideration at sad timing and deny responsibility for the presence of the vehicle on the land ' A A wi& W reasons for such denial. If it is determined at the hearing that the vehicle waay a nd on the land without the consent of the land owner and that he has not A subsequently acquiesced in its presence, then the county shall not assess costs of A administration or removal of the vehicle against the property upon which the L A vehicle was located or otherwise attempt to collect such costs from such owner. 814.74 ISM EDITION 99-A TABLE NO. 99-A L - , REHABILITATION PROCESSING FEES A Service A FN L Investigation and processingA ................................. $150.00 L Preparation of job specifications .......... L 200.00 Board of Suptuvisots or city Council approval .. 100.00 L Billing80.00 L4 Contract performance inspection ............................. A ....................... Record special assesnwat................................... 60.00 L Filing of special assessment ..... 100.00 L $14.75 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF TSE CITY OF DIBMOIID BAR REPEALING CHAPTER 15.30 (ROUSING CODE) OF THE DIAMOND BAR CITY CODE, AS HERETO ORE ADOPTED, ADDING A NEW CHAPTER 15.30TO THE DIAMOND BAR CITY CODE AND ADOPTING, By HE BUILDING AND PROPERTY REHAD ILITATION CHAPTER 99 OF TITLE 26 OF THE LOS ANGELES ECCCOOUNTYY BUILDING CSODE, lose. EDITION TOGETHER ADDITIONS, DELETIONS AND EZCEPTION88 INCLUDING FEES AND PENALTIES - A. (i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 (550020, 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 Diamond Bar have been filed in the office of the City Clerk of the City of ith the provisions of California Diamond Bar in accordance w Government Code 850022.6. (iii) A duly noticed public hearing, as required .by California Government Code 550022.3, 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. 1 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. 84ction 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. 8*ction 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 1s.30 "Building and Property Rehabilitation "Sections: "15.30.010 Building and Property Rehabilitation F Adopted "15.30.020 Section 9902 - Amended 1115.30.030 Section 9902(g) - Added 1115.30.040 Section 9902(h) - Added 1115.30.050 Section 9904(o) - Deleted 1115.30.060 Section 9905 - Amended 1115.30.070 Section 9906 - Deleted F 1115.30.010 Build and psooerty Rsh&h litation - "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. 1115.30.020 section 9902 - wended. "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. 1115.30.30 sea*+on 9902 (a) - �►dd•d• "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: 3 "(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. "15.30.40 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: "(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. "15.30.050 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. 1115.30.060 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 follow: "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. 4 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. 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 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 Renedies 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 5 injunction or in any other manner provided by law for the abatement of such nuisance. section 6. 8everabi stv 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. Sect on 7 This Ordinance shall remain in effect only until ��- 1994, and as of such date is repealed, unless a later adopted ordinance, deletes or extends such date. section S. The City Clerk shall certify to the adoption 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 , 1994. Mayor 6 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: City Clerk of the City Diamond Bar 7 UNIFORM HOUSING CODE - 1991 Edition 1991 UNIFORM HOUSING CODE 101-104 Chapter 1 TITLE AND SCOPE 71119 Sec. 191. These regulations shall be known as the "Uniform Housing Code," may be cited as such, and will be referred to herein as "this code." Purpose Sec. 192. The Purpose of this cork is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the use and occupancy, location and maintenance of all residential buildings and structures within Ibis jurisdiction. The purpose of "bis code's not to create or otherwise establish or designate any particular class or group of persons who will or should he especially protected or heneftud by otic Iemts of this code. Scope Sec. 103. The provisions of this cure shall apply In, all buildings or porlions thereof used, or designed or intended to be used, for human habdalmn. Stich occupancies in exisling buildings may be continued as provided in Section I(" (c) of the Building Code, except such structures as are found to be substandard as defined in this code. Where any building or portion thereof is used or intended to be used as a combnrtation apartmem house -hotel, the provisions of this code shall apply in, the separate portions as if they were separate buildings. Rooming houses, congregate residertces o r lodging houses shall comply withal l the requirements of this code for dwellings. Appllcatlon 10 Existing BUNdings and Structures Sec. 191. (a) Additions, Alterations or Repairs. For additions, alterations or repairs, see Subsections 104 (a) and (b) of the Building Code. (b) Reloeadist . Buildings Or sxtrdures moved imo or within this jurisdiction shall comply with the requirements in the Building Crile for new buildings and structures. 1 201 1991 UNIFORM HOUSING CODE Chapter 2 ENFORCEMENT Genera Sec. 201. (a) Authority. The building official is hereby authorized ands irected io enforce all of the provisions of thiscode. For such purposes, she building official shall have the powers of a law erifemsmam Oft", The building ollicial shall have thio pas ar M tender interpretations of this code and to adopt and enforce rules and sstpOametd regulations in order io clarify the application of its provisions. Such iasdprNMiosr, rules and regulations kill be in conformity with the intent and purpose of this code. (b) Night of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the building of ficial has masonabk Cause to believe that there exists in a building or upon a Ismarises a condition which is contrary to or in violation of this code which makes the building or premiss unsafe. dangerous or hazardous. the building official may utter the building or premises at reasonable times to inspect or to perfarm the dubs imposed by this code, provided that if such building or premiss be occupied that credentials be presented to the occupant and entry requested. If such building or premiss be unoccupied, ala building official shall first make a masGmkk effort to locale the owner or Other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recoarse to the remedies provided by law to secure entry. (c) RspaadMilitls Delhd. Owners remain liable for violation of duties imposed by this code even though an obligation is also imposed on the occupants of the building. and even though she owner has. by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this code. Buildings and structures and pans thereof shall be maintained in a safe and sanitary condition. The owner or the owner'sdesignined agent dell be responsible for such maintenance. To determine compliance with this subsection, rte building may be reinspected. Owners, in addition to being responsible for maintaining buildings in a sound structural condition, shall be responsible for keeping that put of the building or premiss which she owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling writs. Owners shall, when required by this code. the health ordinance or die health officer, famish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has taken place, shall be responsible for the extermination of any insects, rodeos or Other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. 1901 UNIFORM HOUSING CODE 201.204 Occupants of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that pan of the dwelling or dwelling unit or premises which they occupy and control, shall dispose of their rubbish, garbage andotherorgame waste in a manner m4uimd by the health ordimuwc andapproved by the health officer. Occupants shall, when required by this code, the health ordinance or the health officer, famish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary. See. 202. Buildings or portions thereof which are determined to be sub- standard in defm W in this code arc hereby declared to be public nuisances and shall be abated by rear. mhabiliwiun, demolition or removal in accordance with the procedure specified in Chapter 11 of this code. H—" and Appeals Board See. 201 (a) Gets". In order to hear and decide appeals of orders, decisions or determination made by the building official relative to the application and interpretation of this rode, there dull be and is hereby created a housing advisory and . appeals board consisting of members who are qualified by experience and trainring to pass upon matters pertaining to building construction and who arc not employees of the jurisdiction. The building official shall be an ex officio member and shill act as secretary to said board but shall have no vote upon any matter before the board. The housing advisory and appeals board shall be appointed by the governing body and shall hold! office as its pleasure. The board shall adopt mho of procedure for conducting its business and shall mailer all decisions and findings in writing to the appellant with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code. Copies of all rules of procedure adopted by the board shall be delivered to the building official, who shall woke then accessible to the public. (b) fimMelfaaa of AWherily. The housing advisory and appeals board shall have no authority relative to imesprefation of the administrative provisions of this code nor dull the board be empowered to waive requirements of this code. Vlolatlasn See. 204. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. 301-303 1991 UNIFORM HOUSBIO CODE 1991 UNWORN HOUSMU CODE 401 Chapter 3 PERMITS AND INSPECTIONS General Sec. 301. No building or structure regulated by This code shall be erected, constructed, enlarged, altered, repaired, moved, i ordemolished unless a separate permit fo mproved, moved' converted obtaim•d fano llw building oflicin the marine.,buildingorstructure has fico been comlititms prewribed in Chapter 3 of Ilse Building Code. Fees to the applicable Fees See. 302. When a buildingpermit is required by Section 701 of this code, the appropriate fees shall be paid as specified in Section 1Q/ of the Building Cade. Inspection Sec. 303. Buildings or structures within the scope of this code and all con- struction or work for which a Penni, is required shall los subject to inspection by the Imddiog official in acctmlaate with and in the manner provided by this code and Sections 105 and .706 of the Molding Cade. Chapter 4 DEFINITIONS Deanwom See. 401. rw the purpose of this code. certain lerrrns, phrases. words and their derivatives shall beconstr ed as specified in either this chapter or as specified in the Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the conncat with which they arc used. Webster's Tbirvl New /nternarirana/ nlcriamrrY a/ Ibe English /ongnage, Unabridged, copyright 1996. shall be considered as providing onlinary, accepted meanings. Words r the singular include the pinaal and the plural the singular. woos used in the masculine sender include the feminine and the feminine the masculine. BUILDING CODE. Is Hoe Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by This jurisdiction. E117"ENCY DWELLING UNIT is a dwelling unit containing only one habitable room and meeting the requiremems of seclim, 5(11(b). Exception. HEALTH I1EF7( ER is the legally designated head of the Department of Haft of Ula jraWktion. HOT WATER is boo water supplied to plumbing fixtures at a temperature of not Lees don I IB°F. MECHANICAL CODE is the Uniform Mechanical Code promulgated jointly by Ute International Conference of Building OR'rcials and the International Association of Plumbing"Mcchanicsi Officials. as adopted by this jurisdiction. NUISANCE. The following shall be defined as nuisances: I. Any public nuisance known at common law OF in equity jurisprudence. 2. Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building. or on an unoccupied lot. This includes any abandoned wells, shafla, betterments OF excavation; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris' or vegetation which may prove a hazard for inquisitive minors. .1. Whatever is dangerous to hunrrno life or is detrimental to health, as determined by the health officer. 4. Overcrowding a mom with aoqupwAl. 5. Insufficient ventilation or illumination. 6. Inadequate or unsanitary sewage or Plumbing facilities. 7. Uncleanliness, as determined by the health officer. 8. Whatever nenders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer. PLUMBING CODE is the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials. 501-503 1991 UNIFORM HOUSING CODE Chapter 5 SPACE AND OCCUPANCY STANDARDS Location on Properly Sec. SOL All buildings shall be located with respect to property lines and to other buildings on the sone property • NgYIRd by Section 504 and Pan IV of the Building Code. Yards and Courts required Sec. 502. (a) Scope. This section shall apply to yards and courts having req window openings there(". (b) Yards. Every yard shall not be leas than 3 feet in width for one ofd Iwo -story buildings. For buildings more than two stories in height'fie minimum width of the yard shall be increased at Ore rale of I foot for each additional story. Where yards completely surround the building. the required width may be reduced by 1 foot. For buildings exceeding 14 sgorics in height. the required width of yard shall be computed on the basis of 14 stories. (c) Courts. Every town ahail not be less than 3 feet in width. Courts having windows opening on opposite sides shall not be less Wan 6 fat in width- Courts bounded on three or more sides by the walls of the building shall not be less Wan 10 fat in length unless bounded on ale end by a public way or yard. Far build- ings more than two stories in height. the court shall be iucressed I foal instories in 2 fat in length for each additional story. For buildings exceeding height, the required dimensions shall be computed on the basis of 14 stories• Adequate access shall be provided w the bottom of all courts elf be for��W a purposes- ing Every coup more Otrn two stones in freight (hat area Md� horizontal air intake at the bottom frit less than 10 s'pdare t way. iag Io the exterior of the building tikes abutting a y� wallPuublic way - Tec construction of die air "Make shall be as requued but in no case shall be less then one-htwr fire-re"a"ve. . Roan DMlansbns See. 503, (a) COWS HeShls. Habitable spate shall have a ailing height of as otherwise permitted In this action. Kitchens. hail,bathoofa1 dtoiletc np may haveaailingbeigltofnotlessdian hails, measured t t toilet pfojeeti is Where ex_ha� c fat measured to the bweat pnsjclion from Ore ceiling. P� ceiling members are Spaced N leu Otan 48 inches an fxrttu. � l be measured to the bottom of them members. Where berm ceiling exp sed shall be members we spaced at 49 inches a more �, vi�ded haat Ore measured to die bottom t y these amniben. above Ore floor. ha1tOr^ of members is am less ceiling heightfor If any num in a building has a slopiag ceiling, We prescribed po don om ro We rooms ii required in only one-half the area 1111111100". 1b P measuring less thud S fed from the finished floor to Ore fmished ailing shall be included in any computation of Ore minimum area Orercot 1991 UNIFORM HOUSING CODE 503-501 If any room has a furred ceiling. the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the hcighl of the furred ceding be less than 7 feet. (b) Floor Area. Dwelling units and congregate residences shall have at least one room which shall have not less than 120 square feet of floor arca. (Ahcr habitable rooms, except kitchens, shall have an area of nut lessdum 70 square feet Where more than two persons occupy a rows used for sleeping Purposes, the required floor area shall be increased at lire rate of 5o square feel for each occupant in excess of two. EXCEPTION: Nothing in this sect.— shall prohibit the use of no cffincwy living anal within an apartment brow metuug the following reyuoements: 1. The unit stall have a hying room Offing kss than 220 square feet of supcfficml floor area. An additional 100 square feel of superficial floor area shall be pruvhdcd for each occupant of such unit in excess of two. 2. The unit shall be provided with a separate closet. 3. The unit shall be provided with a kitchen milk. cooking appliance end refrigeration facilities, each having a clear working space of not less than 10 "cher in from. Light orad verogn jon coafot'aing 10 ibis code shall be ptovidkd. C The whit dull be provided with a uparue bathnoonh containing a usher closet, lavatory will bathtub or shower. (c) Wkkh• No habitable room other than a kitchen shall be less than 7 feet in any dimension. Each walercloset stool shall be located in a clear space not less than 30 inches in width and a clear space in front of the water closet stool of not less than 24 inches shall be provided. Light and VsndlsUon Sec. 501. (a) General. For the purpose of dere mining tide light or ventilation required by this section. any room may be considered as a portion of an adjoining room when one half of the ares of the common wall is open and unobstructed and provides an opening of not less thin one tenth of the floor area of the interior room or 25 sgt. feet, whichever is greater. Exterior openings for natural light or ventilation reyuircd by this section shall open directly onto a Public way or a yard or court located on the same lot as the building. EXCEPTIONS: 1. Required windows may open intuit toured punch wloerc rbc porch: a. Abuts a Public way. yard or coon: sad b. Ilan a exiling height of not less than 7 fee': out e. Him a longer side at least 65 percent open sial unubsrtu:ted. 2. Skylights. (b) 1.10L Guest rooms and habitable Horns within a dwelling unit or coo gregate residence shall be provided with natural light by means of emenor glazed openings with an area not less than one tenth of the floor area of such rooms with a muumum of 10 square (cel. SOa-595 t g91 UNIFORM HOUSNO CODE 1991 UMFORM HOUSN G CODE 505 (c) Ventilation. Guest rooms and habitable rooms within a dwelling unit or congregate residence shall Ire provided with natural ventilation by means of operable exterior openings with an area of nor less than one twentieth of the flown area of such rooms with a minimum of 5 square feet. In lien of required exterior openings for mural ventilation, a mechanical ventilating system may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms, dormitories. habitable rooms and in public corridors. One fifth of the air supply shall be taken frau the outside. Bathraans, water closet comparnnerns, hea elty rooms and similar rooms shall he provided with natural ventilation by metas of open" eMerior openings with an area nni less than one twentieth of the floor area of such moms with -a minimum of 0/2 square feet. In lieu of required exterior openings for natural ventilation in bathrooms containing a bathtub or shower or combination thereof, laundry moms. and similar rooms, a mechanical ventilation system connected directly to the Outside capable of providing five air changes per hour shall be Provided. nW point of discharge of exhaust air shall be at legal .l feel from any opening into the building. liathrorems which contain only a water cload or lavatory orconebination Ibereof. :awl similar rooms may be ventilated with an approval mechanical recirculating fan or similar device resigned to remove odors from the air. (d) Ilallways. All public hallways, stairs and other exilways shall be ade- quaiely lighted at all times in accordance with Section 3313 (a) of die Building Code. SerR■flon Sec. 505. (a) Dwelling Units, [.edging Houses and Comgrgp to RaMes ces. Dwelling units, lodging houses and congregate residences shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory. and either a bathtub or shower. (b) Hotels. Hotels or subdivisions thereof where both sexes see accommodated shall ttmisin at least two separate Inlet facilities which are conspicuously identified for mate or female use, each of which contains at least one water closet. F.XCP.rFION: Hovel guest moms may have one unidentified toilet facility. Additional water ckr. els shall be provided on each flea for each sex al the mic of one for every additional 10 guesls, or fractional part thereof, in excess of 10. (c) KRehatt. Each dwelling unit shall he provided with a kitchen. Every kitchen shall be plodded with a kitchen sink. Wooden sinks or sinks of similarly shsorbem material shall not be permitted. (d) Futures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation. All plumbing fimures shall be of an approved glazed earthenware type or of a similarly nonabsorlient material. (e) Water Cheat Comporlmenfs. Wells and floors of water closet com- parimenls, except in dwellings, shall he finished in accordance with Section 510of the Building Code. (f) Room Separations. Every water closet, bathtub or shower required by this code shell be installed in a room which will afford privacy to the occupant. (g) Inslalyllow and Malmeaance. All sanitary facilities shall be installed and maintained in a safe and sanitary condition and in accordance with applicable requirements of the Plumbing Code. 601 1001 UNIFORM HOUSNiO CODE Chapter 6 STRUCTURAL REQUIREMENTS General Sec. fol. (a) General,Did M1imiums may be of any types of constnrclion permitted by Ilhaa/e. Roofs. Boors. walls, foundations and all other structural eanryeur0 shall he capable of resisting any and all farces and loads to wltirdt they may be subjected. All structural elements shall be proportioned and joined in accordance with lite seas linilations and design criteria as specified in the appeopriatt: actions of the Building Code. BuildingsofeverypermittedtypeofcatstnruionthancomplywithL applicable requirements of the Building Code. (b) Shelter. Every building dull be weigher protected so as to provide shelter for the Occupants &gains, the elemalls, and to exclude dampness, (c) pretedioa of Materials. All wood shall be protected against termite damage and decay as provided in the Building Code. 1001 UNFORM HOUS11143 CODE 701 Chapter 7 MECHANICAL REQUIREMENTS Hwlkta hand Vendletlon Sec. 701. (a) Haling. Dwelling units, guest rooms sad eancreale maidemcs shall be provided with healing facilities capable of sopk*W0lag a room lengr eralure of 70'F. at a point 3 feet above the floor in aB hahiuble rooms. S—h facilities shall be installed and maintained in a safe condition and in accordaru.c with Chapter 37 of the Building Code, the Mechanical Code, and all whci spplicable taws. Unvented fuel-buming healers aro not permitted. All healing devices or appliances shall be of an approved type. (b) Electrical 13gtrrp enl. All electrical equipment, wiring and appliance, shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type. Where thele is electrical power available within 3110 feel of any building, sit, I building shall be connected to such electrical power. Every habitable (onto shall contain at least two electrical convenience outlets or one convenience outcl and one electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least One electric light fixture. (c) VentiWina. Ventilation for rooms and areas and for fuel -burning appliance, shall be provided as required in the Mechanical Code and in this code. Where mechanical ventilation is provided in lieu of the natural ventilation required h} Section SO4 of this code, such mechanical ventilating syslens shall be maintawrd in operation during the occupancy of any building OF portion thereof. M $01 1991 WFORM HOUMa CODE 1901 UNIFORM "OUBMtG CODE 901 Chapter 8 . EXITS General tial'- 901. Dwelling units or guest Formas shall have access directly to the outside or In a public corridor. All buildings or portions (hereof shall be provided wwith exits, exitweys and appurtenances as ade. required by Chapter 33 of the Building Sleeping rooms below the tounh story shall have al leas) one operable window or exterior door approved for emergency eseape of rescue. the unix stall be operable from the inside to provide a full clear opening without the use ofse:parale IlHdls 12 Chapter 9 FIRE PROTECTION General . See. X91. All buildings or portions Ihemof shall he provided with the degree of fire -resistive construction as required by the Building Cade for the appropriate occupancy' type of com"'roerion and location en property, and shall be provided with the appropriate fire -extinguishing systems or equipment required by Chapter 38 of the Building Code. 13 toot tgot UNWORM Ht USM COOS 1061 WOFOHMMWSINOCODE 1001 Chapter 10 i SUBSTANDARD BUILDINGS � p>•flnhbn 3 Sec. 1001. (a) General. Any befilditg sw portion thereof which is ddermined to be an unsafe building in acconls YftS xim 203 of the Building Code; or any building or portion thereof, inrLtft arty dwelling unit, guest roam or suite of rooms, or the premise as which 60 same is laeatad, in which tram exists any of the conditions referenced in Mia mission in am exteaf that endangers the life, limb, health, proporty, Safety of welfare of Ute public or the occupants domof shall be deemed and hereby we declared to be substandard but dings. i (b) Itmdegaate Sanllatlaa. Buildings Of portions dried shall be deemed substandard when they are ursathhlary. inadequate sattiWian shall limited include bill not be ited to the following: 1. lack of, or improper water closet, lavatory, battub orshowa in adwelling unit or lodging house. 2. Lack of, or improper water closets, lavatories and badtubs a showersper number of guests in a hotel. 1 3. Lack of, or improper kitchen sink in a dwelling unit. 4. Lack of hot and cold running water to plumbing fixtures in a hotel. 5. Lack Offing and cold running water to plumbing fi uses in a dwelling unit or lodging house. 6, lack of adequate heating facilities. 7. lack of, or improper operation of required ventilating equipment. 8. Lack of minimum amounts of natural light and vemiW ion required by this code. i9. Room and space dimensions less than required by this code. 10. Lack of required electrical lighting. 11. Dampness of habitable rooms. i12. Infestation of insects. vermin or rodents as determined by the health officer. 13. General dilapidation or improper maimamance. 1 14. Lack of connection to required sewage disposal system. 15. Lack of adequate garbage and rubbish storage and removal facilities as determined by the health offices (c) Structural Htttards. Buildings of portions thew( shall be deemed ,I substandard when they are or contain suuctural hazards. Sboctiral hazards shall include but not be limited to tame following: J, I. Deteriorated or Inadequate foundations. 2. Defective or dueriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to eery imposed bads with safety. 4. Members of walls, petitions of other vertical supports that split, can, los, or buckle due to defective material of deterioration. 5• Members of walls, petitions or other vertical supports that are tat insufficient size 10c" imposed loads with safety. 6. Members of ceilings, roofs, ceiling and roof supports or Other honzonnal members which sag, split or buckle due to defective material of deaenoralion 7. Members of ceilings, roofs, ceiling and roof supports, of other hoiuoma t members that ore of insufficient sire to carry imposed loads with 8safety_. . Fireplaces or chimneys which list, bulge of settle due to detective material or daedoration. 9. Fireplaces or chimneys which are of msul)icient size or strength to can y imposed bads with safety. (d) Nulsaaee. Buildings or portions thereof in which dere exists any nulsanc� as defined in this code are deemed substandard buildings. (e) Hazardous Electrical Wiring. Electrical wiling which was installed u, violation of code requirements in effect at the time of installation or clectn. wiring nol installed in accordance with generally accepted construction pmcnaA in areas where no codes were in effect or which has not been maintained in g,aal condition or which is Owl being used in a safe manner shall be considcrc,l substandard. (f) Hasardots plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing nw installed u, accordance with generally accepted construction practices in areas where nu code s were in effect OF which has not beau maintailled in grad coathinn nr which is u, n free of crow-COntteCt substandard. lung lir siphonage between fixtures shall be considered (9) Hazardous Mecbaaleal Equipment. Mechanical equipment which was installed in violation of code requiremnus in effect at the time of installation or mxhuska equipment not installed in accordance with generally acceltc,l construction practices in areas where no cafes were in effect or which has taw been maintained in good and safe cwahilion shall be considered substandard. (h) Fauhy Wealher PgWectlm. Buildings or potions thereof shall tk considered substandard when they have (sully weather protection which shall include but not be limited to the following: I. Deteriorabd, crumbling OF loose plaster. 2. Dssenorated or ineffective waterproofing of exterior walls, roof, found salons or floors, including broken windows or doors. 3. Defective or lack of weather protection for exterior wall coverings, un chiding lack of paint, or weathering due to lack of paint or other approved Protective covering. 4. Broken, rolled, split of buckled exterior wall coverings or roof covenngs (i) Fire Hazard. 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Z Z t+ a c wa Z n g � � mro C. tco Cl O.E. N O C< C Y Pr � � � Sr- � G ►y Q' �• r+. X. ii iib c a a o �a �< a n c Goa A.100. :e G e� c FA ^� o r. �' 0� �� p � •o � c n a� o S ? Z A ►r ►r 6 c .r P o 'o ►. iR .. v) A �a. C', a .r o $ o °• o 0 CD c o �C $ t� e� t+ a c wa n g � � C. tco Cl O.E. W O C< C Y Pr � � � Sr- � G ►y Q' �• r+. X. ii iib o �a �< n Goa A.100. :e e� c FA ^� o �''. 0 7 . �' �� � � •o � c n a� o S ? Z A ►r ►r 6 c .r P o 'o ►. iR .. v) Cn �a. C', a .r o $ o °• o 0 CD c o c ci ro.. E Q � O. � eNo — d„ a A m cm 67 c ^ a w r Cx� L 6,Lw _=�� O .. G� v y •s z, ?t% v 41 w co to cnN p y C ^" •C J ^'� v fl) CR CD `to �i •• C - meEn 7.4 cn (A Lei u •� C L � ems! C .y rV,�1 ; C G A a .r = 0.L. �° = gu H CL o o 7 7 =� e V aL. u ° c Cr c ° L •h C y H .�. r' d'O 00 jo �.r e.. O "'..� .�t�'• 1- Y t .a C fie.. O � p O V CD G 'fl O "4 "y O O ? J p •.V. ' j CYJ O �; C 8Lj CYd L. <A.9ZZUc`�0 ac°. q rix axZts F°00 nao9%o.-r v1 °�D V t�00 .4 -4r+N0% (PS o. -+ Val. of O NN N 2 N G1 LD1TO\O\O�C�Ch0%a m ;0 O\ 01•paO\ �O�O�O�aO�O\ TA C% J Ji U CiJ �yyt O O En V] V]Gyti _'yYt� d v Vco qq = V O LA0 Q o � •E o .o ° o V o Ueo Id o..0 � C _ v -� = V L y v T4 i C °'.� a u z � AEl�, x �o o y• = a _u Aa 9 -• 3 ea .. 'u :4 c � 4'c 4 d �3 4 N en .� q d in �< U(a °, a n Lei m y C. y G W 4 as u � � u F c:y L c C. O y At C O ~ 7 C6 J2 ' CO J v= CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager PORT DATE: March 30, 1994 MEETING DATE: April 5, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Proposed Sanitary Sewer Assessment District for the Country Sewers SUMMARY: It has been proposed t4 form a sanitary sewer assessment district within "The Country." This status report is being presented to the City Council to present the progress to date and alternatives that are available as the proposed District is being finalized. RECOMMENDATION: It is recommended that the City Council authorize an expenditure of up to $10, 000 to Klienfelder, Inc. to update their report dated April 13, 1992, direct staff to proceed with the formal request to annex the proposed District into Los Angeles County Sanitation District #21, and to proceed with completion of the Engineer's Report at the appropriate time. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) Other: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? _Yes X No Which Commission? Yes X No 5. Are other departments affected by the report? -- Report discussed with the following affected departments: REVIEWED BY: r4'L-Terren L. Belanger Frank . Ushe City Manager Assistant City Manager c:\wp60dWakayVg-da-9\4-5-94.gw CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 5, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence Belanger, City Manager SUBJECT: Country Sewers ISSUE STATEMENT: How should the formation of the proposed sewersanitary the assessment City 1 district proceed? This status report is being presented of progress made to date and alternatives that are available as the proposed District is being finalized. RECOMMENDATION: That the City Council: (1) Authorize an expenditure of up to $10,000 to Klienfelder, Inc. to update their report dated April 13, 1992; (2) Direct staff to proceed with formal Sanitation st to istric n#21 h total P proposos t District into Los Angeles county estimated at $25,000; and (3) Proceed with completion of the engineers eporttim and return it to the city Council for consideration at the appropriate FINANCIAL $UNWARY: Authorization of $35,000 from te City of Diamond Bar's reserve fund for the additional costs contemplated. BACKGROUND: The Engineer's Report for the proposed sewer assessment district is in the process of being finalized. Prior to the alternatives available to the report ethe City r, staff thought it would be beneficial for the proposed District and seek direction from the City Council. Page two Country Sewers April 5, 1994 DISCUSSION: The following is a summary of actions taken to date and a discussion of various issues. Townhall _ A meeting was held d tMonday, enify key concerns on the Country to discuss the project stats an of items discussed and part of the residents. The followingis a summary issues raised. Kleinfelder Report- A concern of the al residents ents as the pointedccuracy of the out that their report prepared in April of 1992. Sever s having "distress" when in fact it did not. property was identified ad a as one indicator Staff pointed out that the repsewers we et served nneeded. The consultant o be so conclusion by the consultant that hat needed pointed out in the report that there stoeirm drain systemsroblems tand groundwater solved including the adequacy of the levels. We are recommending that this report be updated to assure that it accurately reflects the current conditions. A copy of the Klienfelder report is included as Attachment i . Groundwater vs. Sewers- An issue mentioned several times by several tallation of sewers would solve the residents was whether the ins groundwater problem being experienced. The residents who oppose the proposed District are concerned that the construction of sewers is not the at theremay beo the cot effectlem, as they ive defined it. Rather, they believe that th Y approach by eliminating the groundwater and remaining on septic systems. ems - it is estimated that of the total water voluminto the area, the following are percentages of contributors to the total Rainfall 60 -65% Septic systems 10 - 15% Irrigation led b normal evaporation and Irrigation is a small portion of the overland contribution and the amounts o g a e systems water contributed about are generally appropriate drain g Y absorption. The rainfall should be handled by Page three Country Sewers April 5, 1994 and surface drainage controls. The remaining contributor, sewers, will drain underground. In addition, a seperate report was prepared by DUCO, Inc. at the request of the Country. One of their conclusions was that on site sewage disposal systems is the largest contrbutor to the groundwater condition. It is our opinion that both the groundwater and septic systems will need to ultimately be addressed to solve the situation, it is only a matter of time. Should a groundwater management system also be contemplated, that should be handled as a separate matter and appropriate controls put into place. Assessment District Boundaries- The question was raised about how the boundaries were established. Staff still believes that the boundaries as established are the most prudent. However, based on the topography and characteristics of the area, if the boundary were to be changed, we would recommend that only the nineteen homes on Shady Ridge and Braided Main be considered for exclusion. The original district boundaries and possible amendment are shown in Attachments 2 and 3. Design- Concern was expressed about the design characteristics included in our bid particularly as it relates to the aesthetics. The design prepared represents the most cost effective approach in the opinion of our designers taking the County requirements into consideration. We recognized that certain items like chain link fencing would need to be addressed in the fmal project and sufficient monies have been included to address aesthetics. However, underground vaults were not included in the original bid because of anticipated cost constraints. We estimated the cost of vaults to be approximately $100,000- $150,000 per location. Costs - The most recent cost estimates for the District are shown on Attachment 4. The cost translates to approximately $29,300 per parcel be $ 400 of torcel connectto the sewer athe reduced nd any ontrict -site pumtional costs ps ($3,000). would be $ 40/foot Staff believes that the District should proceed as originally contemplated because of the need for sanitary sewers as expressed in the Health Departments letter (Attachment 5) and current conditions. Page four Country Sewers April 5, 1994 t Los The "Assessment District -District Formal to be nnha annexed be taken byinto the othe City to Angeles County Sewer secure approval by the County to add the District to their service area. This is approximately a six month pr oe and should be completed before the Assessment District is finalized by City U"% KLEINFELDER April 13, 1992 project No. 56-915201 City of Diamond Bar Department of Parks and Maintenance 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Attention. Mr. David Liu technical Evaluation of P° Report of �O Dis sal Systems Subject' Reported Distress to Onsite Sewage , Development The Country les County, California Diamond Bar, TAS �ge•_ ` =' Dear Mr. leu: 16, 1992) Kleihfelder, authorizatioa on January e conditions at the subject of Diamond Bar (City), norted seepage ro osal, In accordance with a City leted an evaluation of the rep our revised proposal) mac, (Kleinfelder), has comp site e 1 . Our evaluation was conducted inI mew of exi�s�ng readily available data, site (See Plat ) conclusions and Our evaluation consisted of a resents our findings' a dis osal December 19, 1991. report. This report p visits, analysis and preparation of this recommendations with respect to the reported conditions of distress of the onsite sewage systems. SCOPE OF WORK al extent of distress were beyond e was limited to a general evaluation of the existing Since the actual determination of the cam of distress or amu ed reports, Our scope scope of work for this report, our focus and a review of select P geotechnical conditions typically found within the site, of work included the following: reports) both original rough eolo Review of selected previSI c data and geotechnical P ous g orts of single lot developments grading and selected rep .„ VIAfelder.Inc — page 2 city of Diamond Bar project No. 56.915201 4rii 13, 1992 aerial photos covering the general area ` Review of instances of sewage system distress Field reconnaissance of the reported the area of the Country Creation of a general questionnaire s e to selected residences within • osal systems which utilizes onsite sewage disP geologic environment and Review of responses of questionnaiTe With respect to location, topographic environment f the Country to further evaluate file reported distress. Discussions with selected residents o field observations and 'data collected from review of previous repo, Analyses of the o questions and interviews. resident responses t BACKGROD roximately 2 years has been noted by residents since aPP 1991• It is our e Country regarding this matter in July, at isprogressive The reported distress within Th the City g eriencing ago. Kleinfelder was first contacted by development have beeneXPOur evaluation of the that residents within The Country e disposal systems• which understanding coo enation with the City, deterioration of the operation of theresident Onsite survey, developed in p he location of the site. reported conditions consisted of a resl plate 1 indicates t Was mailed to selected residents within the Country. site taken in 1953, view of stereo aerial photos of the have also reviewed of the site prior to development'iling of a portion of The Our background review consisted o are prough gr which represent the original to arding the on t sewer the City's copies of construction reports reg he Country which utilizes large art of the entire developmfnt utilizes a sanitary Country residential developOur review con entrated on that portion o system for waste disposal. Portion consisted of Tracts 30092 30093 and 30577. onsite sewage disposal systems. This Port ,— i,ht 1991 Klcin[cldcr, Inc. Page 3 city of Diamond Bar Project No. 56-915201 April 13, 1992 FINDINGS RoofR__e_ o s ary investigation and rough grading for the study area and Previous geotechnical reports of prelimin ual lot development reports were reviewed. Due. to the scope individual lot this investigation, all reports were not evaluated, but a general individual cross -sec rts was utilized reports were reviewed. Information obtained from abilei I a o pe colation rates development p characterize the local bedrock materials, in terms of general perme d eneral the development by rough grading of the streets an In -g of The Country was acwith the ailing and associated development of the individual general utility improvements, grthe late left to the owner of each lot. The development was initiated a colation testing was homesites at resent time. Preliminary P construction of individual homes continuing P plan design, and various percolation tests performed for several locations at the time of grading p g� were performed for individual homes prior to construction. These rangedhfrhe more conventional °n ry teonng percolation testing procedures to no actual testing, but utilization o 0 and presumptive design values from governing agencies. Geolo e eomorphic province of The site is located in the northern portion of the Peninsular Rang e Transverse Ranges and the Los Angeles Basin southern California. The province extends from ounded . the east y the Colorado desert and the southward to the tip of Baja California, and isng rides ornia The peninsular Range province is characterized by lated fault systems in the Gulf of Calif and valleys which roughly parallel the San Andreas fault system and r region. ma s indicate that the majority of the site is underlain by the La Vida member Published geologic pght brown t inkish brown or light gray, of the Puente Formation. This unit consists of sandstone int r eds. The sandstone interbeds thinly bedded to laminated siltstone ands geologic to Yellow and contain variable proportions of silt.its low ointsf published andstone are generally light gray literature indicates that this unit generally exhietr ton Tan, et al).with t e 1 beds providing the best avenues for water pen copyright 1991 Klcin[eldcr, Inc. page 4 City of Diamond Bar project No. 56-915201 April 13, 1992 • adationauy overlain by the Soquel bol: T lv is coif°rm�ly and s out in a small The La Vida member (Map sym P ) . uel member (Map symbol: Tps) crop The Soquel member typically consists of Pale member of the wee southeasnte t corsThe rof � site. '� yellow - yellow -gray at the extreme sandstone and pebbly sandstone with interbeds of gray and and yellow-brown this unit. The sandstones are generally or con conglomerate beds also exist within bedded. published geologic brown siltstone. Min g units are platy to thinly moderate, with low massive to thickly bedded, while the siltst rmeability of sandstone units are generally literature indlcateoth is one the and bale interbeds. permeability inhe drainage at the southeast bol: Qat) a1e also mapped in a northeast'trendi9 on the source from which Alluvial soils (Map symbol: call variable, depending composed of unconsolidated, interbedded gravel, sand silt and clay. corner of the site. Alluvialeoco Pe hthologi y 'n the area. they are derived, and may geologic members within plate 2 shows the general contacts between g variations which may result is resent throughout the area, resulting inalnd a.tions such as these often Faulting and folding P Discontinurtle in locally occurring discontinuities in bedding. d abrupt changes In bedrock characteristics. o is likely create discontinuous bedding orientat va forming bazriers to the downward movement of ground that these conditions have played a role water. RPcident Questionnaire to selected • was sent out by the City Kleinfelder and the City, to the A questionnaire, developed jointly f were likelyto have information pertaining residents which, in the opinion of the City, o 56 responses had been received. indicatesgrgraphical reported distress. At the time oft P plate also rformance of system). representation of the responding residencasea shoo orlsatisfactory Pe .he responses nature of the response (i.e., an acknowledged P ymous. idences without distress to their sewage systems, Several responses which described observances s more detail were ano lived in the were focused into two major categories: those re ed from residents who have h and those with acknowledged problems. Responsystem Problems' to those in rec tly-cotr port cted houses Country for more than 10 years with no system p Numerous residences s stem use, or continuously overflowing systems. experiencing distress from the first few days of Occupancy*areas � the overloads during periods of heavy rainfall, heavy Y ted to the low-lying effluent The majority of reported system failures or distress were poleRoad. Reports of sewage residents vicinity of Falcon's View and Clear Creek, and along Log in streets, into storm drains and down into natural cantons were numerous. Y flowing often as every two months. reported having to pump their septic tanks as Copyright 1991 Kicintcldcr, Inc. All Ruts Reser-4 -•- City of Diamond Bar Project No. 56-915201 Page 5 April 13, 1992 Meetings f Conversations When possible, telephone conversations were initiated with respondents which provided pertinent information. Meetings were also arranged to gain additional insight into the reported observances. Discussions with residents revealed information concerning the history of the sewage disposal system performance over the last approximately 10 years. Groundwater levels were usually noted when present, during drilling of each hole for percolation testing. Reports of extreme variability in groundwater levels were noted in very short distances, in some cases, within the same lot. Presumptive criteria was often utilized in the evaluation of initial system design during the earlier stages of construction within the Country. Many residents expressed confusion as to why the system distress was not experienced throughout the development. Groundwater was mentioned most frequently as the main reason for system distress or failure. A large number of residents have installed new systems, by drilling new cesspools in different areas of their property where the groundwater was lower. Several residents reported groundwater which had risen high enough to cause the cesspools to fill with groundwater, inhibiting or eliminating their ability to percolate sewage effluent into the surrounding ground. Wide variations in groundwater were noted in many lots along northeastern side of Lodge Pole Road. These homes are located along the descending ridgeline, as it approaches the natural drainage canyon at the lower elevations. Field Reconnaissances Several field visits were conducted to confirm reported observances and to confirm geologic and topographic data obtained from previous reports and publications. Noted seepage or odor conditions are delineated on Plate 3. Photographs of readily identifiable conditions were taken, and a general view of the areas in question along Clear Creek, Falcon's View and Lodge Pole Road. These photographs are shown on Plates 4 through 10. The following observations were made during our field visits: Lodge Pole Road: 1 A residence (24141) was observed to be under structural distress, with observed cracking of driveway concrete; the stucco and brick work of the structure bad similar cracldng and PROJECT 111/9142.RPT Copyright 1991 Klcinfcldcr, Inc. All Rights Rcscrvcd '.._ •.. '•. :. -_..�\ � �._��2 iii'.::. ��wl:.:..: ri:+::.e.fi��i�i..:� ��` �—_____.. �.___.—_.__ ... - . Page 6 city of Diamond Bar Project No. 56-915201 April 13, 1992 noted onf the offsets of members. A slope inclinometer was o a natural drain ge area, house, mediately above the slope which extends down moist soil conditions were noted in areas in the bottom sco oraof the �tioyon near n was noted lowest 2. Very point of Lodge Pole Road (See photo No. 1). No odor Falcon's View: 1. oted along ew A strong odor of sewage or fouled water was nsource of portion oodorFalcons ould'n tl be Drive, in the vicinity of the 23800 to 23900 block. a permission ermission located, due to heavy landscaping and no contact with the property owner to enter. odor was noted in the vicinity of 23702 strong 2. Very wet soil conditions and an accompanying glane ed areas. to 23727, where seepage of water was noted in low -1 'ym g p Broken Feather and Braided Mane Drive and Shady Ridge Lane: that no storm drain or other provision was provided for collection oand nd 1. It appearedthe local gr transmission of storm water runoff, to keep this water from entering areas. Clear Creek Lane: 1. A large area of standing water and seepage was noted immediately south of the intersection a very strong with Falcon's View Drive (See photo Nos. 3 through 6). The noted water seepage has been foul odor. The presence of algae indicates that this adient in the gu f otte s extended period. The water from drain catch basin locatedthese areas continues. to now ondthenwest side (2705) of the of Clear Creek Lane into a storm street (See photo No. 4). 2 Seepage of water and/or.sewage effluent was noted bleeding through the asphaltic concrete pavement (See photo Nos. 6 and 8). 3. A dark, foul-smelling fluid was noted flowing from landscaped area in the front yard of 2705 (See photo No. 7). Copyright 1991 Meinfelder, Inc. All P-6 City of Diamond Bar Project No. 56-915201 April 13, 1992 CONCLUSIONS Page 7 Our review of the existing conditions within The Country was limited to the areas from which responses were received. Our conclusions have been based on the results of our field observations and responses to the questionnaire, discussions with residents and a review of selected published geologic information and selected previous geotechnical reports concerning develoment in The Country. p We believe that the conditions of distress to many of the onsite sewage disposal systems within The Country can be attributed to a number of factors, which may possibly lead to complete failure of many systems. Although no observed seepage or foul water was tested, the odor and color and close proximity to many septic systems provides strong evidence of overflowing or overloaded systems. It is also likely that -many other systems within The Country are experiencing distress, but have not been brought to this firm's attention. -It is our opinion that the distress of the systems in the areas noted in this report are the result of the following conditions: L Development of the ridges and canyon bottoms has limited the available percolation medium. Relatively narrow ridges and confined canyon bottoms has forced the absorption of local ground water into relatively confined areas. Therefore, seeps and streams will become visible when, the transmission capacity of the local subsurface water-bearin materials are exceeded. g 2. The sandstones and silt -stones which make up the bedrock structure in the area variability in permeabili have a wide siltstones and occasional clay beds gre generally simnermeable. es may be Threlese permeable, the ayers form barriers to the free movement of groundwater, presulting in a locally rising impermeablegroundwater level. It is likely that the observed seepage is the result of groundwater flow fed by sewage effluent, rains and excess water from irrigation and other sources within the development, which has percolated through the soils and formational materials until encoun relatively impermeable silt or clay bed. tering a PROJECT 11119142 -RPT Copyright 1991 Mcinfelder, Inc. KELINFFLDER 1370 Valley Vista Drive,All Rights Rcservcd Suite 150, Diamond Bar, CA 91769 nidi ZQr_n-i-jc Page 8 city of Dia7506'915201d Bar project No April 13, 1992 d siltstones present in the local bedrock have be,, l�iof b to be rellative�e 3. The sandstones an permeability or percolatio variable, which can provide misleading p are not adequately considered. The surro�d'ng development and topography of the system,al governing agencies to allow for the use of presumptive design values or for loc g designs themselves may also introduce a false sense of adequacy - practice under of water unrelated to the sewage disposal systems is likely to occur 4, Seepage water, which probably represents the major conditions of heavy rainfall, and from irrigation portion of water introduced into the subsurface regime. don the • of a storm drain in some areas has contributedfroadditional esidential use, which 5, The lack m. the area. Water from surrounding natural areas, represents a groundwater movement capacity makes its way into the streets and eventually, substantial quantity of water. dy area cate 6. Discussions with contractors who have installed septic tank withv tee enenced disntreiss to that approximately one-half of the residences In the study area a their onsite sewage disposal systems. of the a'ori of reported septic system failures are located in the lower part are 7. Them 1 ty ent articularly along canyon bottoms and old drainagesareas. oT tea areas up development, p and effluent from probably receiving Milch of the runoff Seer Seepage conditions observed on Clear Creek Lane, ridges (See photo Nos. 2,9 through 1) P abated will accelerate the deterioration of the structural pavement section. if left un , sewage disposal stem onsite In consideration of these issues, we believe that the areas wh stress since the entire area of the distress has occurred will continue to experience progressive developed. As the area approaches full development, additional draloawn Countryhas not been fully P on the ability of the local soils and bedrock will be imposed. Po o teaac'I'he areas where reported or system within The Country contributes additional water ' distress has occurred are highlighted on Plate 3. It isunsano wry 'on unsafe confirmed system distr Potentially observed distress will continue, at times pons possible that, creating t he continuing increase h local conditions within the development groundwater levels may have an adverse effect on local slope stability. PROJI:cr 111/9142.RPT Copyriot 1991 Kkinfcldcr. Inc. Afl giocs Rescrvcd _.-.�_=,..a�.�;..�.nG`ijY •-1•r r:t]._-moi. •___.. __._. ... '/, page 9 City of Diamond Bar project No. 56-915201 April 13, 1992 F -PO wENDATIONS Based on our evaluation of the existing conditions at the site, review of reports roctpcumst grading of the site, the responses to the questionnaire and ourwhich enen currently utilize onsite sewage disposal recommend that the residences within Th Country systems be connected to a sanitary sewer system. The extent of the residences which may require such a stem cannot be precisely determined from the scope respect to o this and engineering gation. We design end su system that several sub -areas l bi enstallation may be phase � as the need develops. considerations, so that CLOSURE nce, without the The recommendations contained in this report are based on our fielod the nsitu soils and ground benefit of subsurface exploration or laboratory testing. variations water exist from those anticipated may be possible. The natur undertaken. If any and extent of. acondit ons are be evident until construction or other subsurface excavation is We should be notified so that encountered which are different from those described in this report, we can make any necessary revisions to our recommendations. The sco a of our geotechnical services did not include any environmental waterte �groundnt for t or Th p presence or absence of hazardous/An stat are the in this report regarding odors noted or atmosphere, or the presence of wetlands.Y unusual or suspicious items or conditions observed are strictly foradescriptive xic assessment1e not intended to convey engineering judgement regarding potential h / The client has the responsibility to see that all parties to the project, including the designer, contractor, subcontractors; etc., are made aware of this report in its entirety. This report contains information which maybe useful in the preparation of contract specifications -s ormat on for this use is not designed as a specification document and may not conte report ain s without proper modification. This report may be used only by the client and only for the purposes stated, within a reasonable ite and off site) other factor may time from its issuance. Land use, site conditions (both on sm party o her change over time, and additional work may be required with the passage of time. Any than the client who wishes to use this report for an adjacent or nearby project shall notify Kleinfelder of such intended use. Based on the intended use of this report, and the nature of this project, lGeinfelder may require that additional work be performed and that an undated report be copyright 1991 ylcinfclder, Inc. PROJECT I11/9142.RPT All 1Lghts P_ -4 Page 10 City of Diamond.Bar Project No. 56-915201 App 13, 1992 one else will release Non-compliance with any of these requirements by the client or aun issued. liability resulting from the use of this report by any unauthorized party. Kleinfelder from any as Prepared in accordance with the generally accepted standard of practice in the This report w P P either express or Southern C, -d forma area at the time the report was written. No other warranty, implied, is made. this opportunity to be of service. If you have any questions or require additional We appreciatePPo information, please,contact us at your convenience. Respectfully submitted, KL,EINF'ELDER L�ohn S. Lohman, PE No.40891 Senior Engineer J SL/jsl o,,of ESS/0,t JOHN S. ti LOHMAId i W No. 400 .� EXP. CIVIL 9lF OF C copyright 1991 YIcinfcldcr, Inc. All Rights Rcscr—d tROJL-CT 11119 14-) ttvr--------- } s RENCES _u� -r. ` ,�,-'fir _-` • _ a 5:: logic 1986, G gi M ap of California, Santa Ana Division of Mu..;t eo .� 1:2-%000 Sbec d Yerkes. E:. , "Geologic Map of the Eastern Puente 195 ente Hills, Los Z DRu• DJ- a'1 states Geological Survey, Map OM �ks Basin. California , 1. r . the 1:7,500,000 Scale Fault e Jss, Charles W.,1985, "A- E i ao�a Accompanyext to Division OfMines and Geology, Bulletin 201 wad Geologic Maps of C1hfc"1 les W., 1988, "F l: Map of California", California Division of Mines and 3tauin8s. Char _ Cs', 1:750,000 Morris and Webb, 1976, "Geolo;Jy of California John Wiley and Sons mental Geology Tats, Siang S., and Miller, Russc,ll V., and Evans, James R., 1984nOrange County, b' Yorba Linda, and Prado Dam Quadrangles, parts of the La Habra, open en File Report 84-24 California , California Division of Mines and Geolo 7. Jahns, R. H., Editor, Geology of Southern California, Bulletin 170, California Division of Nlines and Geology, 1954. L Robert Stone and Associates, "Soils and Geologic Report on Tentative Grading dl d June an, Tact 30093, Diamond Bar, County of Los Angeles, California", Project No. 68 2b, 1969 Q, Robert Stone and Associates, "Geologic and Soils Report on 40-Scale Grading Plan, Tract 30093, Diamond Bar, County of Los Angeles, California Project No. 1-68-303-04(R), dated Octobtr 3, 1969 10. Robert Stone and Associates, "Soils and Geologic Report on Tentative Grading Plan, Tract 30092, Diamond Bar, County of Los Angeles, California", Project No. 68-303B, dated July 7.1%9 Copyright 1991 Meintelder, Inc. i"fbCACT M1gi<2.R r All Rights Reserved 11. Robert Stone and Associates, "Geologic and Soils Report on 40 -Scale Grading Plan, Tract 3U092, Diamond Bar, County of Los Angeles, California", Project No. 1-68-303-04(R), dated September 30, 1969 Copyright 1991 Mcinkldcr, Inc. PROJECT' 11119142.RPT All Rights Rescrved City of Diamond Bar Project No. 56-915201 April 13, 1992 I:L ---o----=� W. ,wage role Rd., from 24177 "'01I:R Ul/414: RFr Copyright 1991 Klcinfclder, Inc. All Rights Reserved ►.IfI,FItof Page 13 :radian Creek city of Diamond 13az Project No. 56-915201 April 13, 1992 Page 14 .7 7 Photo No. 3: Looking south along Clear Creek Lane, of seepage of effluent from 23720 Falcon's View Drive 7 M Photo No. 4: Looking south along Clear Creek Lane, at sewage effluent flowing into storm drain catch basin below at 2705 Clear Creek Lane PROJECT 1-11/9142 -RFT Copyright 1991 Mcinfc1der, Inc. All Rights Re-v-rvr-d KI rl"Itc, -,- - - - - . --- — I - — —.' —e nllc: City of Diamond Bar project No. 56-915201 App 13, 1992 Photo No. f page 15 Copyright 1991 10cintelder, Inc TRO 'Cr 111/9142.RPT All Rights Reserved r4 Photo No. 6• Seepage onto street and from beneath pavement on Clear Creek Lane, in the vicinity of 2625 Clear Creek Lane Copyright 1991 10cintelder, Inc TRO 'Cr 111/9142.RPT All Rights Reserved City of Diamond Bar project No. 56-915201 April 13, 1992 Photo No. 7: Unknown fluid Page 16 odor flowing from landscaped area at 1724 Clear Creek Lane Photo -B-Qa- Looldng north fn seepage in street rROJECT 11IM42.pyr View Drive. Note Clear Creek Lane, toward Falcon's Copyright 1991 Klcinfeldcr, Inc. All Rights Rcscrvcd E City of Diamond Bar Project No. 56-915201 April 13, 1992 Photo No. y: T.l►V,.uib -- Creek Road and Clear Creek Lane Page 17 ;orner of Indian Photo No. 10: Looking south at the descending ridge of Clear Creek, from 2501 Clear Creek Lane CDPY,i&ht 1991 Klein%lder, Inc. PROJECT' 111/9142RPT All Rights Reserved - - --- -. , - 171 d1 34fif1315 City of Diamond Bar project No. 56-915201 April 13, 1992 Photo No. 11* Broken Feathdr Page 18 C,pyright 1991 YJeinfeldcr, Inc - All Pusbts Reserved PP,()-TECr In/9142.RFT the end of E pl ATV LLJ z ri) 0 z :NIX. LLJ Iz nQA LU Q < co IV Z Z4 U3 LLJ LLJ LU IOCfAZl; 4 k' % ak.,... r r 006 - ! 7 �._ 7s t 7S 0, 74 73 . 74 31 71 36 a 57ss Ia 27 2 54 p � 112 n � 44 ,6 33 _ 12 40 3 17 t4133 •�: 0 APCa� ACT 41 41 49 4s 62� `t ri' to ;1 j� 33 34 41 r3 27 24 39 a 31 36 3a p N 04 1a 23 2s 37 70 N 22 3a 30 31 30 71 30 i1 2! 72 31 • 2s 73 31 47 32 17 74 S2 4s 33 Zo u n g 7s . zs 76 ss o0 S3 4S 33 34 tf 20 13 1s 77 Ss 34 44 37 r. 1a u . 14 n at 32 �% Ia 7/ 81» sa SS 42 3s 1° 141° 10 t7 40 ! �t so to aS as::.:; 43 sa b 14 13 it Q S7 41 1 12 t1 s/ a1 (� 11 K 10 1/ 93 so82 71 71 s oa °° 70 73 1D 74 73 ° o4 aS o3 s ss 79 { I' — os 14 21 to so Is so e7 °° Tr 7 t7 ab e7 79 S 7 ° 92 p , 60 0 0• 14 79 4 s ss S as i;ii1? 3 + C 100 41017 is 3 101 3 1a w r 11 0 N 6 7 1 tot 1 /3 11 103 yA�Y R»bE MHE ac N {{ {3 q s2 77 to 7{ t 7i 71 = 74 4s 73 • 72 32 7 3t >e f — is f s{ zs st 30093 T 2{ X10 54 3 _ 22 tt A.44 S2 4{ 33 so 20 �' 12 4{ % ~11:. 7 43 Is SG {t ti %h '14 4{ {2 N AC� 4s ar" is M. 33 34 4 p a 39 32 { sy {{ s; is aa- 29 37 70 46 u 39 30 31 30 71 30 . w as 31 21 22 72 31 47 u se i27 74 52 44 33 21 75 22 K so 53 35 33 34 If 76 20 u 25 71. Sl 34 44 37 1s 39 is j` 24 » f1 43 39 ty 1f » ;i Ss SS t7 42 40 13 14 1{ tt so {s IS {4 ~ u d t4 63 . 1341 1 tt q A 'P 37 It 12 � 12 f2 11 10 . it 93 fo82 ' f ff to 70 71 72 73 74 75 { to 64 so fl 7 f fy 7t . of 24 at f• ff as 77 f f 3 to 7 97 ff 87 79 y 7 f2 f3 ff » f {f My 3 c Is Ell i 100 t{ Of lot•:.:. 1di 2 ,os ty t3 1 103 t Al ACHm-cant 4 $ 4,-Q9-7,400* * DOES NOT INCLUDE OTHER COSTS COUNTY OF LOS ANGELES-DEPARTMENTPROGRAMS AND SERVICES gERVICES �� PUBLIC HEALTH P ENVIRONMENTAL HEALTH 1 HEALTH FACILITIES 2525 Corporate Place, Monterey Park, CA 91754 Telephone: (213)881-4000 -- -1 March 9, 1993 t i George A. Wentz c - City Engineer =' City of Diamond Bar - 21660 East Copley Drive Suite 100 ifornia 91765-4177 Diamond Bar, Cal Dear Mr. Wentz: BAR HEALTH OFFICER RECOMMENDATION RE: CITY SANITARY - Y SEWERS ASSESSMENT DISTRICT NO. 1 (THE COIINTRY) Director of 1993 letter to Robert C. Gates, Your February 4' requesting that this Department conduct an Health Services, subdivision investigation to determine if ofe„ThetCountryse of on sed to 1 portion disposal systems in a P constitutes a potential public health hazard has been referred me for investigation and a response. 1993 through February 26, 1993, INVESTIGATION ro osed During the period of February 16, Environmental Health staeerminecifdpri atesurvey on-sitethe sewage assessment district to l disposal systThe survey consisted ems were functioning proper y• of the following activities: ro osed district All homes within the boundary of �fethispnumber, 63 were visited during the survey. message left at were not homeland dhree i stwerepond to a vacant;one, we were their door. informed, due to the complete failure of the on-site sewage system. ted with 56 of homes Interviews were cedduc assessment districtetosdetermine within the propos eration of their experience with respect to thsOP tems. This. existing private sewage disposal systems - included of the system, if included questions regarding the age the system had failed, if the system required pumping during the last two years and if residenstemarability limiting water use as a resultf the sy to dispose of sewage adequately. Reliable information, through neighbors or direct -was obtained on an additional 10 premises. observation, During the survey, observations rto the surface of made to ne if wastewater was being discharged the ground or other evidence of failure. George A. Wentz March 9, 1993 Page 2 Records at our Pomona District Environmental Services office concerning complaint investigations of illegal sewage discharge incidents were also reviewed. Findin�cs_ This investigation reveals the following: All of the existing on-site sewage disposal systems consist of septic tanks to collect and treat the sewage and seepage pits to dispose of the effluent below the surface of the ground. All of the lots have space for expansion or renovation of the systems. - Of the 66 on-site systems evaluated, 18 (27%) are, to some degree, in a state of failure. Sewage was surface of the ground observed being discharged to the at one location. During the last 2 years, 20 (30%) of these systems have been pumped out. Eighteen (27%) were pumped due to either sewage backing -up into the house or overflowing either to the surface of the ground. Twelve (18%) pumped more than once during this time period. Three residents reported that they are pumping their systems more than once per month. An analyses of data regarding the age of on-site sewage disposal systems revealed that 7 (64%) of the 11 systems known to be at least 15 years old have failed; 4 (33%) of 12 systems known to be less than 10 years old have failed. Of the residents interviewed, 12 (21%) are limiting the use of water to alleviate system failures. Groundwater is known to be surfacing at lower elevations and "daylighting" on hill banks. Groundwater is reported to be at less than 10 feet at other locations. conclusions High groundwater and subionsais cleasewarlydsaturatedare andincompatible. The soil at lower elevatinhabitable absorb additional slstem• ne failureomel�aisbnotnunreasonablebtoause of on-site sewage y believe that more homes may become uninhabitable for the same reason. George A. Wentz March 9, 1993 Page 3 Tonal Water Quality Control Board Per policy of the California Regional ground level are to be Angeles Region, historical high9 e disposal -Los n and approval of on-site ssome vacant lots in used in the desig groundwater levels, systems. Given current g especially at lower elevations, the proposed assessment district,especially sewage disposal is required. may now be unbuildable if Department to abate on-site Enforcement procedures used re this Dep disposal system failure are not atingt omplaintssof sewage sewage p Our district staff investigating have not been able situation. on the surface of the g being dischargedthe source of the dischargossible through to.accurately identify mitigation is not p Consequently, individual site legal processes. rainfall weather will Since this problem was fireasonableeto believehdryea it is problem. Given the groundwater began this winter►alleviate this p adding not significantly stem renovation by individual sy Continued reliance on levels encountered, viable alternative. a disposal systems seepage pitso not failing individual sewag the pumping rary measure only. should be regarded as a tempo inion of this Department that these findings It is the op public health hazard. constitute a potential p THEREFORE, IT IS RECOMMENDED THAT THE DIAMOND BAR CITY COUNCIL: institute proceedings for the constructions of sanitary In assessment district asanhealth sewers in this proposed for the protection of publicof the improvement necessary Section 2808 pursuant to provisions of Division isioode4� California Streets and Highway Very truly yours, Ralph Lop Deputy Environmental Health/Health Facilities RL:gf 302:028 RESOLUTION NO. 93-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING INTENTION TO IN A RDRR THE INSTALLATION OF CERTAIN IMPROVEMENT SED ASSESSMENT. ORSORDiNARDECLARING DSAS RIBING THE DISTRIWORK TO BE OF CT THAN LOCAL TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE AND ORDER that: 1. The public interest and conveniencerequire, the provisions of the intention of this body, pursuant to Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913"), 913") ,tprovementso order the installation of certain purtenanic t work, in a together with appurtenances and app special assessment district Hnown E COUNTRY) designated as ASSESSMENT DISTRICT NO. 1 T er referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The financing of certain public improvements described as the construction of sanitary sewers, including the acquisition of right-of-way and easements necessary in appurtenann with t ch facilities structuresor improvements and all app facilities to serve and benefit properties located within the boundaries of the Assessment District.. ts B. Said streets, the htslwa associated andeasema with hathese ll be shown upon Pans proceedings. C. All of said work and improvements are to be installed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the final plans, profiles and specifications to be made therefor, as hereinafter provided. and the ini D. The description of the contained improvements Resolution mae of the work general in nature. All items of work do not necessarily extend for the full length of oof the description thereof. The plans and p work shall be contained on the final plans as contained in the Engineer's Report shall be controlling as to the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT 2. That said improvements and work are of direct benefit to the properties and land within the Assessment District, and this legislative. body hereby makes the expenses of said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to. be assessed to pay all costs and expenses thereof, including incidental expenses and costs and which is described as follows: All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improvements in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. .1, and which map was heretofore approved and which said map or diagram is on file with the documentation of these proceedings, EXCEPTING therefrom the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved and on file. REPORT OF ENGINEER 3. That this proposed improvement is hereby referred to the City Engineer, for the City of Diamond Bar, who is hereby directed to file the report in writing containing the following: A. Plans and specifications of the proposed improvements; sufficient to describe the general nature, location and extent of the improvements. B. An estimate of the cost of the proposed works of improvement, including the cost of the incidental expenses in connection therewith; C. A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of 2 and dimensions of the respective subdivisions of as the same land within said Assessment District, land the Reso- existed at the time of each of which subdivisions lution of even entiont a separate number upon said Diagram; shall be g' l amount of the D. A proposed assessment of the aimprovement the on expenses of theproposed costs and exp proportion to Osuch the several divisions to lar e in by estimated benefits from said improvement. subdivisions, respectively, respective numbers such subdivisions diagram by the Said assessment shall refer o upon said g thereof; the works of improvement to be E. The description of roceedings, and acquisition, installed under these p where necessary. annual identification of the proposed maximum F. An on each of the several divisions of assessment up the City which result a costs incurred by and collection of land to pay administration from the assessments or bonds and other related c a expenses port -ion or percentage of the cost an When any P aid from sources oereentage of the improvemr than ents is to be such portion or P assessments, the amount of the total and said shall first be deducted and i Prove is estimated costs the and expenses of said workthe remainder o assessment shall includeonly Said assessment shall estimated costs and expenses* their respective numb refer to said ers as subdivisions by ubsection D of this Section. assigned pursuant to S BOND$ given that bonds to represent the unpaid the rate of not to 4, Notice is herate bear interest rate of 12$ Per annum' as exceed the current legal maximummanner provided in the will be issued hereunder in the „ being Division 10 of the "Improvement Bond Acs Code 1915111 of /the State of California, Streets and Highway of and not to exceed which ond14)hal�Sature a maximum FOURTEEN Highways eets pursuant to the pro of the stecif icallY Section designated as the officer California,Code of the State of during the cash 10603, the Treasurer is hereby serviced to collect and rece Said bondse the sfurther shall be collection period. In Agent. by the Treasurer or designated payin 3 REFUNDING pursuant to these proceedings and issued Any bonds be refunded, (b) the interest rate on Division (a) may um interest rate as ears s and the number of y said bonds shall not eroceeding maximum number as authorized for these P exceed the ma b hearing is to maturity shall not held as authorized pursuant to said Division authorized for these bonds unless assessments resulting expressly an adjustments in -rata basis. 11.5, and (c) y s will be done on a p from any refunding shall be pursuant to the ab and ve Any authorized refunding to the provisions Highways conditions, and pursuant fornia, commencing with Section restrictions of Divisions 1.5 of the Streets an Code of the State of Cal 9500. ACT OF 1913 "MUNICIPAL IMPROVEMENT , provided for the issuance 5. That except as herein otherw pVements shall be ma de and of bonds, all of said improvements of the Municipal pursuant t° the provisions Division 12 of the ordered p 1913", Improvement Act of streets and Highways Code of the State of California. SURPLUS FUNDS is as the legislative body t if any excess shall be rea amount ized from the assessment, 6. Tha in such am rovisions it shall be used, may determine, in accordance with for one or more of the following purposes: .rovided that the Transfer to the general fund, p-xceed the A. such transfer shall not ( ) or five amount of any the Improvement lesser of a of° sa d to 1 rfrom percent (5%) Fund; and any B. As a credit upon the assessment supplemental assessment; C. For the maintenance of the improvement; or D. To call bonds. SPECIAL FUND a special hereby establishes the name Of �. The legislative body nated by and into said Fund moniof the improvement fund identified and desig this As sferredtatiany time to expedite the making be 4 4:k R improvements herein authorized, and any such advancement of funds is a loan and a sale of bonds shall tbe repaid out of he s authorized by law. proceeds of th PRIVATE CONTRACT iven that the public interest will not be served by allowing g, Notice hereby g the property owners to take the on contract for the hof thetfinallplansf and specifications, included as pathe improvements r law, no notice of award of and that, as authorized by contract shall be published. CgaDiN^�B TunnTRIEB to these 9. For any and all information relating proceedings, including information relating to protest procedure, your attention is directed to the person test designated below: George A. Wentz City of Diamond Bar Suite 190 21660 E. Copley Drive, Diamond Bar, CA 91765-4177 Telephone: (909) 396-5671 PUBLICAQ vUM f v 10. All public property in the use and performance of a public function shall be omitted provided from assessment n these proceedings unless expressly ACQUIS TION 11. That the public interest, rinveniene yhts-ofcway and easements requires that certain land, allow the works of im abe obtained in order tpssessment District to beoaccom- as proposed for this n u on adoption, shall plished. The Engineer'"Report", Report p set forth a general description of the location and extent of easements and/or land necessary to be acquired. un CII LIABILITY 12. This legislative body hereby further declares not the to obligate itself to advance available ich may occur from the Treasury to cure any deficiency This determination is made bond redemption fund. pursuant to the authority of Section 8769(b) of the Streets and Highways Code of the State of California, and 5 said determination shall further be set forth in the text of the bonds issued pursuant to the "Improvement Bond Act of 1915". WORK ON PRIVATE PROPERTY 13. If it is hereby further determined to be in the best public interest and convenience and more economical to do certain work on private property to eliminate any disparity in level or size between the improvements and the private property. The actual cost of such work is to be added to the assessment on the lot on which the work is done, and no work of this nature is to be performed until the written consent of the property owner is first obtained. ANNUAL ADMINISTRATIVE ASSESSMENT 14. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve of other related funds. UTILITY IMPROVEMENTS 15. This legislative body further proposes to enter into Agreements with Los Angeles County Public Works and/or Los Angeles County Sanitation District, said Agreements setting forth certain terms and conditions relating to the construction and/or maintenance of the improvements associated with the assessment district, as well as the ownership, management and control of said improvements. A copy of said Agreements shall be, upon approval, on file in the office of the City Clerk. The City clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. January, 1993. PASSED, ADOPTED AND APPROVED this 19-th day of Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the Cit Of Diamond Bar held on the 19th day of following vote: nJauar y —_____� 19 9 3 , by the AYES: COUNCIL MEMBERS: Werner Forbing, MacBride, Mayor Pro Tem Papen, NOES: MEMBERS: r MayoCOUNCIL None Miller ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: AZ Ci Y Clerk of t e City of Diamond Bar LB: 8/04/92 7 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 19, 1993 1• CLOSED SESSION: Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 No reportable action taken. 2• CALL TO ORDER: M/Miller called the meeting to order at 6:05 p.m. in the AQMD Auditorium, 21865 E Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Miller. INVOCATION: The invocation was given by Reverend Steve Berger, Calvary Chapel of Diamond Bar. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen and Councilmen MacBride Forbing and Werner. Also present were Terrence L. V. Arcz nski Belanger, City Manager; Andrew Y City Attorney; George Wentz, Interim City Engineer; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3 • PUBLIC COMMENTS: Curtis Postel, 531 N. Deep Hill Rd., expressed concern regarding the proposed location of the City Of Industryfs Materials Recovery Facilit residents will be subjected to Y (MRF) in that D.B. Pollution, odors and security lighting ours a day of noise CM/Belanger stated that public comments on the EIR may be made by writing to the City of Industry until March 1, 1993. Industry must respond to the comments as required by law. The City of D.B. will also be commenting on the EIR during January and February. MPT/Papen stated that she shares the residents, concerns regarding the location of the proposed MRF and particularl the projected traffic that will impact the unimproved freewayy systems in the area. C/Werner suggested that the residents get involved in a letter writing campaign to the City of Industry. William Gross, 21637 High Bluff Rd., responding to comments made that the referendum has delayed the progress of Pointe Middle School, stated that it is not the intenteofothe people involved in the Referendum to hold up development of any school, but rather to assure that the Plan created is consistent with the views of the citizenr y. The has not delayed the South Pointe Middle SchoolReferendum because hearings on the project have not even begun. many citizens do not want to see the magnitude ofFurthermoredevelopment proposed for the South Pointe Master Plan. The City had the opportunity to rewrite the General Plan to be consistent with the desire of the citizens. JANUARY 19, 1993 PAGE 2 MPT/Papers stated that the referendum has the City is able to do, and it has held uput a limit on what that was the intention or not. P projects, whether CA/Arczynski reiterated that the City did not file for change of venue. le a motion was a substantial The City did inform the Court that there owned b Project being processed that is partially y the Presiding Judge of the Criminal Courts of LA County. The court determined that the kind of potential involvement should trigger their automatic deferral of t case to the State Judicial Council for reference to an er County. He pointed out that the Cit he years developing Y spent three and a°half to have rewrittenatheneral GeneralaPlannintthe it is not last few months. 4• COUNCIL COMMENTS: accepting C/MacBride stated that he Parks & g applications to fill vacancies on the Planning, Recreation and Traffic & Transportation Commissions. MPT/Papen expressed sympathy to Planning Commissioner Lydia Plunk in the loss of her father, Mr. George Lent. 5• CONSENT CALENDAR: CM/Belanger stated that the Minutes theOfDCounce 15 direct o1992 Would bst amended, to accurately reflect bring back a recommendation for f design to lconsu tan sicit prosaat tand he January 19, 1993 meeting. C/Werner moved, C/Forbing seconded to a rove Calendar as amended. With the gP Roll the hall Consent motion carried: followin AYES: COUNCILMEN ' - Forbing, Werner, MacBride, MPT/Papen, NOES:COUNCILMEN _ M/Miller ABSENT: COUNCILMEN - None None 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 Planning Commission P•m• - AQMD Auditorium21865E. Copley - 7;00 5.1.2 Parklarks & Recreation Commission Copley Dr. 7.00 p.m,, AQMD Hearing Room, 218652E. Copley Dr. 5.1.3 City Council Meeting - February 2, 1993 - 6:00 P•m• - AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVAL OF MINUTES: 5.2.1 Regular Meetin Approved as g °f December 15, 1992 5.2.2 Regular MeetingnOfaJanuary 5, 1993 as submitted. - Approved 5.3 WARRANT REGISTER Approved January 19, 1993 in the amount Warrant Register dated of $215,943.48. JANUARY 19, 1993 PAGE 3 5.4 CLAIM FOR DAMAGES - Filed by Amado Saucedo, November 13, 1992. Rejected request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 5.5 PROPOSITION A LOCAL RETURN FUND AND TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30, 1992 AND 1991 - Received, accepted and filed Proposition A Local Return Fund and Transportation Development Act Fund Audit Reports for Fiscal Year ending June 30, 1992 and 1991. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR JOINING WITH THE LOS ANGELES CITY COMMISSION ON THE STATUS OF WOMEN IN CONDEMNING THE TORTURE OF BOSNIAN WOMEN AND SUPPORTING THE GOALS OF THE WOMEN'S COALITION TO END THIS PHYSICAL AND PSYCHOLOGICAL ABUSE - M/Miller presented the Proclamation to Marya Basrai. 6.2 REPORT FROM SHERIFF RE GRAFFITI PROGRAMS - Capt. Lee McCown introduced Deputy John Maxwell, assigned to Metrolink, who is an expert on graffiti and taggers. Deputy Maxwell reported that tagging in D.B. is in the beginning stages and that it is important for the entire community to work together to put a stop to it, because taggers basically have a gang mentality. The following laws have been effective in other areas: 1) prohibiting minors from possession of spray paint, markers and other paraphernalia used in tagging; 2) a Vehicle Code provision requiring that anyone between 13 to 21, convicted of spray painting, will have their driver's license suspended, or the privilege of obtaining their license delayed. At the request of the Council, Deputy Maxwell explained that the majority of graffiti in the City is from local taggers and not gangs; the idea behind tagging is to get as much fame as possible and to pick places that will be seen by the most people; they will choose buses, walls along freeways and walls along well -traveled streets; the basic mentality is no different from someone who tags a bus than someone who tags a neighborhood wall; the age group for taggers is usually between 13 and 18 years old; by 18 years old, they either have quit tagging, or they have progressed on to gangs; it is easy for a tagger to make the transition into gangs because of the lifestyle. a tagger leads, such as being out late at night, stealing paint and other items, and conflicts arising with other crews and that most agencies have been cooperative in dealing with the graffiti issue. JANUARY 19, 1993 PAGE 4 Capt. McCown stated that because the problem is not just within the City but within all the Walnut/San Dimas region, a systematic approach is being utilized. He reported that the Sheriff's office is setting up sting operations and that 11 arrests for tagging have been made since December 15, 1992. All arrested were local residents, 9 of whom are juveniles and were handled through the Probation Department. One tagger caught was an adult. Further, the problem is being approached through a series of meetings with the head District Attorneys for our Criminal Justice System and with the Probation Department so that there is uniformity in dealing with juvenile and adult taggers; remaining active in the "Project Safe Community" and meeting with School District representatives once a month; giving graffiti updates on the Bulletin Board financed by the City for our Gang Unit for each of the School Districts; and presenting a draft City Ordinance for Council's review to require people selling markers and spray cans to keep them locked and accessible only to employees, in addition to the previously approved reward system for the arrest and conviction of a tagger. This action will also be stressed in other cities within the region and with the Board of Supervisors to help eliminate a lot of the immediate access. C/MacBride emphasized that the City is dedicated to stopping taggers and is willing to take firm, quick and aggressive action. MPT/Papen suggested that the DMV provision regarding the loss or delay of driver's licenses be emphasized as a punishment, as well as consideration of a monetary remuneration to the City. Capt. McCown indicated that this type of punishment is being emphasized and is handled by Probation. His department is further considering having a tagger spend extra time at the Sheriff's office once he or she has been arrested for tagging and having the child and the parents do community service for the City by cleaning up walls on the weekend. C/MacBride expressed appreciation to Red Calkins and Thomas Yeager, who have indicated their support of the Council's actions. M/Miller also thanked Tom Ortiz for volunteering 8 hours a week to remove graffiti at no cost to the City. 7. OLD BUSINESS: 7.1 REQUEST FOR PROPOSAL FOR SUPPLEMENTAL GRAFFITI REMOVAL CONTRACTOR FOR THE CITY OF DIAMOND BAR - CM/Belanger JANUARY 19, 1993 PAGE 5 reported that the Council directed staff, at their January 5, 1993 meeting, to prepare an RFP to obtain a contractor to assist the Boys and Girls Club of San Gabriel Valley in graffiti removal. He recommended approval of the specifications and direction to staff to work with the City Council subcommittee to evaluate those areas where local organizations could be involved in the abatement process. C/Werner requested that the RFP specify that the 24-hour hotline be a local telephone number or an 800 number. M/Miller informed staff that a member of the community complained that he received no response after calling the Boys Club hotline number for three days. It was moved by C/Werner, seconded by C/MacBride to approve staff's recommendation on the bid package for removal of graffiti, as amended. unanimously. Motion carried 7.2 RESOLUTION NO 93-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS - ICE/Wentz reported that the Resolution of Intention begins the process of ordering the sewer construction project within The Country relating to health, safety and maintenance concerns due to inadequacies of the existing septic system. The Resolution directs the City Engineer to prepare a detailed Engineer's Report for Council consideration at a Public Hearing. He further reported that Jim Gardner, Manager of The Country Homeowners' Assn., indicated that Parcel #124 on the map should be excluded from the assessment district. The final design is anticipated to be completed in July. The Engineer's Report should be completed for the March 16 meeting. In addition, the Health Department requested a letter from the City, along with the Resolution of Intention, in order for them to move forward with their review and provide a recommendation to the proceedings. Mr. Wentz further indicated that it would be appropriate to go through a negative declaration process and that retention of bond counsel be considered. In response to a question by MPT/Papen, ICE/Wentz indicated that the City has not received additional letters of support but did receive other communications from several residents relating their desires in forming the district. CM/Belanger reported that staff has completed the process JANUARY 19, 1993 PAGE 6 of soliciting proposals from qualified engineering firms for the design of the proposed sewer system and recommended award to Dwight French & Assoc., a contract not to exceed $118,980. He further recommended that a budget of $35,000 be created for undertaking a variety of geotechnical activities related to the design of the system to be overseen by the City in conjunction with the consultant. CM/Belanger also reported that Mr. Gardner was part of the interview panel to select the consultant. Mr. Gardner expressed pleasure at having participated in the selection process. He stated that it was an objective process and, in his opinion, the firm selected would do a good job for the City and The Country Estates. MPT/Papen noted that the Board of Directors of The Country Estates endorsees the Council's proceeding with this project. On motion by C/Werner, seconded by C/Forbing, adopted Resolution No. 93-01 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN _ IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/ Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 7.3 INTEGRATED WASTE MANAGEMENT FUND - PROPOSED FISCAL YEAR 1992-93 BUDGET AMENDMENT - CM/Belanger recommended that the Council approve the proposed budget amendment to the Integrated Waste Management Fund for FY 1992-93 and authorize the City Manager to retain, at a cost not to exceed $12,500, the services of a qualified consulting firm with experience in solid waste management practices to administer solid waste permits for the remainder of FY 1992-93. He further recommended that the line item for Capital Outlay be amended from $40,775 to $25,000, extracting the costs for electronic data processing equipment and that the amount for personnel training also be deleted. He stated that the management of the solid waste system would be the responsibility of the Public Works Department. C/MacBride pointed out that the staff report indicates that, in order to raise funds needed to meet State mandated obligations regarding the Waste Management JANUARY 19, 1993 PAGE 7 System, a 100% raise on residential accounts and a 60% raise on commercial accounts had been proposed. The public should understand that the City has to meet the costs related to these State mandates and if AB939 requirements are not met, the City will be fined $10,000 per day. C/Werner pointed out that the fee structure indicated in the staff report does not reflect the cost amendments relating to the computer hardware as recommended by staff in the presentation. The consulting and capital costs needed to accomplish the City's Integrated Waste Management Program should first be determined with the fee structure determined after so that the costs are spread equally across the board. MPT/Papen pointed out that the Waste Management System Program may be drastically impacted by federal legisla- tion to"have a national curbside recycling mandate and a pay per bag disposal fee. CM/Belanger, in response to C/Werner's concern, explained that the Capital Outlay costs, in terms of the establish- ment of a system, are intended for the purpose of con- tract monitoring. He recommended that the solid waste contractors who choose to do business in the City be the revenue source for program establishment, both software and hardware, and not the AB939 fee. Furthermore, any change in fees must be subject to Public Hearing. There are two different costs that contractors will be responsible for paying: 1) a one-time only assessment for establishment of the hardware and software system and 2) the annual permit renewal fee of $1,000. He recommended that a Public Hearing be conducted February 2, 1993, if the Council chooses to proceed with that part of staff's recommendation. C/Werner, referring to staff's recommendation that the City Manager be authorized to retain a consulting firm at a cost not to exceed $12,500, pointed out that current policy already allows the City Manager to authorize such contracts up to $10,000. It seems contrary to the policy already established to grant such an authorization. CM/Belanger indicated that the amount should not exceed $10,000 and staff will proceed within the current con- tract policy established by Council. MPT/Papen stated that if the amount were to exceed $10,000 by $2,500, the matter need not come back to Council but could go before the Solid Waste subcommittee. M/Miller noted that the Solid Waste subcommittee consists of C/Forbing and C/Werner and the Sister Cities subcommittee consists of C/MacBride and C/Werner. JANUARY 19, 1993 PAGE 8 M/Miller opened the meeting to public testimony. Red Calkins, 240 Eagle Nest Dr., suggested that the trash companies be responsible for tracking the amount of trash dumped and the amount of recycling material picked up, thus eliminating the need for a $40,000 computer and additional staff. The amount of recyclable material from vending machines should also be reported to the City to help reach the 25% goal mandated by AB939. He noted that the City of La Puente is requiring a $5,000 non-refund- able application fee to those companies interested in a bid for trash pickup in the City. CM/Belanger explained that there will be a non-refundable contract fee for each hauler to defray the cost of establishment of a system to track their activities. He pointed out that staff is not making a recommendation to increase staff, but to reduce it by 20%. AA/Butzlaff stated that because reverse vending machines and other private recyclers are regulated under State statute requiring them to submit reports to the State, the City is unable to ascertain their level of activity. Regulations of AB294 try to bridge this gap, but it will be some time before the impacts on the reporting require- ments can be measured. At this time, the City can only require private recyclers to provide such information through a CUP or developmental review process in the beginning stages of their application to do business in the City. AA/Butzlaff further stated that even though the information presented to the State is reported on a jurisdictional level, State statute provides that it remain confidential and is proprietary in nature. The City would not be able to use this information in any useful manner because it cannot be used to be reported to any Council or State agency. CM/Belanger noted that though the information related to the generation of that material may be confidential, it is unlikely that the tonnage would not be able to be utilized in the overall evaluation of this system. Therefore, vending machines can be utilized for divergence and calculation purposes within the City. Don Gravdahl, 23988 Minnequa, asked why staff is recom- mending the system when the consultant firm to be utilized should have the needed equipment. He also noted that the trash hauler's rates will reflect the $5,000 fee charged by the City. He suggested that local talent be utilized for any additional staff needed for this program. CM/Belanger explained that the purpose of retaining a consultant is to also evaluate what the needs of the City JANUARY 19, 1993 PAGE 9 will be including skills and education. The suggestion 1 of utilizing local resources will be strong y considered. MPT/Papen recommended that: 1) Council set a Public an Hearing for February 2, 1993 onductedfor increase of to determine the cost)per analysis should be c pound in comparison to a residentiadn refodlect othe containerized, or a commercial bin, an 3) those kinds of Department be actual disposal rates stem for the Sol d Waste containers; ep finers; the proposed CAD y public Wor eliminatks Director ed since the City s Acting 4 the Public has enormous experience in solid waste; ) should Works Department, not an outside consultant, ro rams, osaI on how to implement the 54 p g provide a prop and computer requirements; implement cont uteri istbought, we should establish a GSA and, if a comp aid. price as the maximum to be p C/Werner noted that Mr. nwed the suitingrfirm under the should be o$10,0000 latitude to choose a co ro riate to set the limit process. It would g until be pthe pissues have been date of the Public Hearing clarified. M/Miller stated that Council concurs to direct staff to proceed under the $10,000 the mit for Subcommitteeotumeettwith refer the matter ba ck toenda staff and to come bthat those trash with an haulers signin9g the he tion. In addition, riot to February 1, 19 contract with the race Period to allow them time to allowed a 28 -day g and insurance documentation. All submit necessary bonding trash haulers not signing a contract prior to February 1993 will receive a termination notice. counties and 7 .4 ESTABLISHMENT OF AN ECONO� eCd DEVELOPMENT s STRATEGIC TASK - CM/Belanger repo given the r special districts in tmany of the ate have eecoomic develop- sponsibility for supporting ment activities that, by case law and statute onsibile period of the last 12 years, have become the responsibil- ity strategic ity of the State. programs toeassistdevelop properrty owners in plan and implement p 9 and and in their ability to attract v stmentetain in thelessees in community their ent centers, to encourage rovide employment the development of new as provide d a reliable revenue opportunities as well as p Tanning source for the City. He recommended that planning establish a. lude the Development three elements outstratelined in the process to suggested that the Blue Ribbon Economic consist Of 15 staff report and eo le , who have Development Task Force or business.lpldpals from e community, either res that will continue on as an investment in the community, JANUARY 19, 1993 PAGE 10 However, the report will be council - completed by professional advisors to t consultants. C/Forbing suggested that the scoping session of the Blue a can articipate in the meeting, a Ribbon Economic Development 'Task Force be scheduledolicit time when the consults additional time to thereby also allowing this process needs to community interest. Furthermore, er of Commerce. be done in conjunction with the Chamb C/Werner indicated that he felt the reCouncilthe COMPO- sp onsibility of the Subcommittee is to recommend to the d how it should be sition and size of the Task For e representatives of the assembled, and not necessarily Council on this issue. uire en stated that since any final action will regorts MPT/Pap oval, and that there will be rep full Council aPPr, from the consultants the Subcommittee functi.ori ngask cas she has no problem withh the official representatives on this issue. that this will be a developing process, M/Miller, noting come back with several recommendations as the stated that the Subcommittee will most likely are developed, to receive to the Council strategy and proposals. direction from the Councl. tion of the C/Werner questioned how the actual COMPOS' termined. members of theer He Task Force will be opportunity inquired if each to recommend individuals on the Task Force e opp 8• NEW BUSINESS: CO�ISSIONER - OF PARKS 6 RECREATION Director of Central 8.1 APPOINTMENT mental Center. C/Werner C/Forbing nominated Steve Johnson, Programming at Lanterman Develop vacated 1 the unexpired term seconded the nomination and with Council concurrence, r. Johnson was aPPointed to Parks b Lydia Plunk on the Parks & Recreation Commission. Y Y _ CONSERVATION CORPS ENVIRONMENTAL ENHANCEMENTT MATERIALS INSTALLATION ental 8.2the Enviro THE CALIFORNIA AGREEMENT WITHapproval of reement with CM/Belanger recommended Enhancement Project Materials Installation amount not to 144 and authorize the City Manager or his the California Conservation Corps in exceed $15to sign the agreement. designee, 125,000 MPT/Papen► noting that the City is coming in $ et by utilizing the Conservation of n getting under buds a possibility a of work, inquired if there is and the scop authorization from the State to exp JANUARY 19, 1993 PAGE 11 utilizing this money. CM/Belanger indicated that staff will be asking the State if the City can expand the scope of the project from Grand Ave. toward the City and County line to the west. It was moved by C/Forbing and seconded by C/Miller to approve the Environmental Enhancement Project Materials Installation Agreement with the California Conservation Corps in an amount not to exceed $150,144 and authorize the City Manager or his designee to sign the agreement. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEN - Forbing, MacBride, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 9. ANNOUNCEMENTS: MPT/Papen encouraged the public to watch the State budget hearings. M/Miller announced that, due to inclement weather, he did not hold a press conference with the media last week regarding the upcoming agenda but that the agenda was FAXed to the media and questions were answered over the telephone. 10. ADJOURNMENT: With no further business to conduct, the meeting was adjourned in memory of George Lent. ATTEST: "o k-4 , Mayor +YDBURGESS, CMC/AAE City Clerk j.C.D. J.C. DABNEY & ASSOCIATES LAND DEVELOPMENT CONSULTANTS & ENGINEERS - 671 S. BREA CANYON ROAD SUITE 5 WALNUT, CALIFORNIA 91789 - 909 594-7568 FAX - 909-594-5090:7 :J T March 25, 1994 ivir. Terrace Belanger City Manager City, of Diamond Bar Suite 100 2.1660 East Copley Drive Diamond Bar, Ca 91765-4177 Reference: South Pointe Master Plan Processing Dear Mr. Belanger, During our last public hearing before the City Council iri early December, the Council asked that our projee, be continued until a ruling or opinion from UPR could be obtained and or the General Plan be modifieJ. it was also the opinion of the Council that the referended 1993 General Plan would be modified by late March or early April. Since the rccli.rired opin an letter from OPR has been received by the City, and does allow some continued processing for those vesting applications that feil within the outlined time constraints of the QPP, opinion, we are ark-ing that our applicatiu►. process be allowed to continue due to the following considerations. 'it has been our intent to try to work with the City and the Council to delay our further processing until the completion of GPAC hearings and the. further modification of the General Plan by the Planning Commission and the Council. However, there are extraneous factors outside of our control that are influencing the need to have this project proceed immediately. As both you and the Council are presently aware, the State has placed time constraints upon the Walnut Val!ey Unified School District which require them to proceed with their proposed improvements to the South Pointe Middle School or place in jeopardy 6e available and necessary matching funds from the State. With these considerations in mind, we are requesting that our project, the South Pointe Master Plan, be placed on the earliest council agenda for consideration. We are further suggesting that the Council either accept, reject or propose modifications to the existing project. In a good faith effort, the two major property owners within the South Pointe Master Plan have proposed what they feel is an acceptable alternate development plan that would allow everyone involved to proceed. This plan only involves the proposed vesting maps 'submitted by both Mr. Forrister and Mr. Arciero. While Mr. Patel is sympathetic to the school districts problems, his property is not large enough to accommodate a resolution to the school districts problems and should be considered upon its own merit. Attached please find a copy of my letter of March 15, 1994 outlining the referenced alternate development plan of Mr. Arciero's and Mr. Forrister's holdings. Please feel free to contact me at your earliest convenience concerning the dates of scheduling. Respectfully, )an C. Dabney, RCE President cc: Mr. Dwight Forrister Mr. Frank Arciero Jr. Mr. Amrut Patel Mr. Ronald Hockwald J.Q.D. J. C. DABNEY & ASSOCIATES -, LAND DEVELOPMENT CONSULTANTS & ENGINEERS 671 S. BREA CANYON ROAD SUITE 5 y c r7^Lr" WALNUT. CALIFORNIA 91-89 - • -art 909 594-7568 n FAX - 909-594-5090 rn March 15, 1994 City of Diamond Bar Reference: SOUTH POINTE MASTER PLAN CONCERNS AND CONSIDERATIONS: I am presenting for your consideration a conceptual plan of the modified South Pointe Master Plan. feel that this conceptual plan addresses the issues that you have presented to us and achieves the goals that your constituents feel are of benefit to the community at large. The basic concepts of the plan are to provide the most environmentally sensitive access to the South Pointe Middle School and the proposed residential development while preserving the ecological and scenic setting of the canyon. The proposed access from south to northwest is the product of five separate route locations that we had investigated. Two routes through the Arciero property and three through the Forrister property. The selection criteria for the access did not include cost to construct, but more appropriately, least grading through the entire length, maximum grade considerations, maximum tree preservation, and least intrusion on the canyon floor and stream. This proposed access route is located within a standard 64' wide right-of-way with a 40' wide paved section providing the capacity of a neighborhood collector street. We have further refined the street section to reduce impact by designing the sidewalk on one side only, the northeasterly side, while allowing the cut and fill slopes to start either 2' behind the curb, on the side without sidewalk, or 2' behind the sidewalk on the other side. The sidewalk has been located on the northeasterly side to allow pedestrians to encounter the minimum expected crossing traffic at build out of the project. eam The propose access road grades down from Brea Canyon development and school site. T p P at 8% to the residential crossing and then grades up the The 12% downgrade to the canyon floor alum footprint in the streams bed. pipe pedestrian underpass to present the minimum underpass allows access along the entire length for both pedestrians and animals without crossing the improved access route. es to be removed The original Master Plan required 92% of the on -sit hat only 12% of the on-site through grading. This revised conceptual plan requires oak trees be removed. Of the 835 oak trees on the site 714 will remain after development. conceptual Ian leaves the migration corridor intact assn own in p oposed This concep P master plan and would further set aside the entire existing 40.4 acres owned by canyon set aside would consist ao`e1 acresowned by Forownedbstehfor'a total of approximately Arciero &Sons Inc. and 31.6 82 acres. s to t aside One of the issues before GPAC, currently, is the wish by several space andrpark. of he at least 5% of the remaining undeveloped property for ops approximately 590 of 1680 acres of land. that is privately held and capable f development within the City of Diamond Bar, the set aside of Sandstone Canyonrepresents the 1680 acres! completion of the general plan from When the City received their extension for the come ro ects to proceed during the the State, the extension allowed for vesting maand, I believe, we fall within the extension period. We fall within this category intent of the current GPAC considerations. ' cussions with the four impacted parties within the ° th Arciero andMaster Patel, In my discussions the Walnut Valley Unified School District, Mr. parties Forrister, rt is apparent that each and every one of the parties weto resolution• However, -City. Each party desires to proceed or bring this stalemate no one wants to negatively impact the others and no one wants to weaken their own legal position. For this new plan to proceed several things have to happen. Mr Arciero and Mr. agreement on the exchange of properties, a Forrister need to reach a satisfactory g agreement needs to be in place betty Satisen h theCity school districts needs andand misters Arciero development and Forrister, a grading permit needs to be issued to satisfy and Mr. Patel's development rights need to be protected. ma neither Mr. Without an approved development aN1�eArci�ero needs the entitlement to .proceed Arciero nor Mr. Forrister will proceed. with the removals for the school district and Mr. Forrister will not transfer or relinquish any rights g without a development agreement. Mr. Forrister would re be removed according won quire that the restrictive Ian alternate parcel reg to the constraints of the guage °n his other vesting application 1 DU/Acre, that the Map Act' that the zoning on is declaration I�cation remain in grading ordinance in eff g °n this be granted effect on the alternate ect under his Sandstone Canyon to °n the alternate parcel Parcel, that a negative impact application fees payment in full for an 'that the transfer to the alternates to has Paid t° date under his vesting f ma of ownership of and that processing and application. P application be Mr. Arciero would re credited be credited to quire that all fees paid to date on his vesting time his alternate site of his vesting (R-N-P s tract), that those Ordinances in effect Sandstone CanyonaPPl�cation r P application emain in effect, that transfer of ownership the permit be approved imbe mediately to allow all and an and that a reasonable re Y Park fees, that a rough P of ownership solution to his a grading of the South Pointe Schoo grading' p on the east side of the 57 development re Both gentleman Freeway be made. quest on his 22 acre Patel's N'ould ask that under no development rights consideration Parties development g be effected as it is not their intent tined above should Mr. pment potential or rights. jeopardize any other Respectfully, CXI U an C. Dabney, RCE President cc: Mr. Dwight Forrister Mr. Frank Arciero Jr. Mr. Amrut Patel Mr. Ronald Hockwald AGENDA ITEM NO. 8.4 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR I N T E R O F F I CA K E M 0 R A N D U X DATE: March 30, 1994 TO: Terrence L. Belanger, City Manager FROM: 4, Bob Rose, Community Services Director SUBJECT: STH BIRTHDAY CELEBRATION - STATUS The 5th Birthday Celebration is scheduled as follows: Date: Sunday, April 17, 1994 Time: 1:00 p.m. - Dusk Location: Peterson Park 24142 Sylvan Glen Drive It is being organized with an emphasis on the cultural diversity of the community and free activities for the children. The theme for the day is "Diamond Bar's Passport to the World" and will include cultural entertainment, a kid's fun zone, Country Western dancing, food and information booths, plus the cutting of the City Birthday Cake. Another feature of the day's events includes a disaster preparedness expo. Earthquake preparedness information)Los Angeles County Fire apparatus and search and rescue equipment will be on display. The schedule of events is as follows: 1:00 P.M. - Dusk Free Fun Zone - For Kids Free Pony Rides Free Bounce House Free Petting Zoo Free Face Painting Free Picnic Games Disaster Preparedness Expo Food/Drink/Information Booths 1:00 P.M. - 4:30 P.M. Local Cultural Entertainment 4:30 P.M. - 5:00 P.M. Birthday Cake Cutting Ceremony & Dancing 5:00 P.M. - Dusk Live Country Western Music Sponsorship: The event is sponsored by the City of Diamond Bar and the Diamond Bar Improvement Association. Budget: City of Diamond Bar $1,500.00 Diamond Bar Improvement Assoc. S 600.00 Total Budget $2,100.00 FIFTH ANNIVERSARY CELE13R,4TlON Sunday, April 179 1994 1:00 P.M. - Dusk Peterson Pari - 24142 E. Sylvan y Glen Ind. ENTERTAINMENT LOCAL CULTURAL ENTERTAINMENT 1.00 P.M - 430 P.M LIVE COUNTRY WESTERN MUSIC FEATURING THE SOUNDS OF "CADILLAC BLUE" 5-40 PM. - DUSK ADDITIONAL COMMUNITY ACTIVITIES FOOD, GAMES AND INFORMATION BOOTHS DISASTER PO FREE- PONY RIDES, ETTING ZOO, MODON BODNESSUNCES & FACE PAINTING Sponsored By The �iamond Bar Improvement Association and The City of [Diamond Ban For Additional Information Please Call (909) 396-5697 AGENDA ITEM N0,, 8.6 NO DOCIIMENTATION AVAILABLE CITY OF D IAMOND BAR AGENDA NO. =— AGENDA REPORT City Manager DATE: March 29, 1994 Terrence L. Belanger REpORT TO:April 5, 1994 Interim City Engineer MEETING DATE: George A. Wentz, FROM: Laurel Way at Diamond Bar Boulevard TITLE: Striping on Mountain Commission Transportation left a CO nd through 1994, the Traffic an that creates Mountain LIaurel Way at y: On February 10, to approve a P of Mountain of red curb 5UMMAR recommended roaches 00 feet reviewed the eastbound and westbound plans to instalVer Rain Drive and lanes on In addition, Way between Sil Boulevard. Laurel Diamond Bar of Mountain on the north side were reviewed - Diamond Bar Boulevard 94 -XX rove Resolution N i the City Council anprove the City of Diamond Bar NDATION: That City Council Westbound RECOMME of the the eastbound and and installing a entitled "A ResolutionOflanes on Boulevard between left and Laurel Way at Diamond Bar Laurel Way establishing Orth side of Mountain approaches of Mountain on the n 100 feet of red curb Boulevard"• Silver Rain Drive and Diamond Bar Public Bearing X Staff Report — Notification on file LIST OF ATTACHMENTS: — Bid Specifications Office) in City Clerk X Resolution(s) 94 T T X other: �o�ission Re ort ordinances (s) Agreements) EXTERNAL DISTRIBUTION' SUBMITTAL CHECKLIST: agreement been Or( or 1. 2. 3. 4. 5. Has the resolution, Attorney? 4 5 vote? reviewed by the re,ire a majority 01- the r / Does the report impact been assessed? a Conunission? Has environmental reviewed by ortation Has ort been Trans ort? the report Traffic and the rep Which Comp► artments affected by affected Are other deP with the following Report discussed REVIEWED BY: v Frank M. Usher f d` -Terrence L' Belanger Assistant City Manag City Manager reviewed by the City X Yes _ No Mal or y Yes X No g Yes _ No _ Yes X No departments: N/A Orge A• WeInterim City Engineer CITY COUNCIL REPORT AGENDA NO. _-- G DATE! April 51 1994 Council MEF,TIN of the City Mayor and Members TO: Honorable May Manager Belanger City Boulevard FROM: Terrence L. at Diamond Bar T; Striping °n Mountain Laurel Way SUBUZC roaches of westbound feet of red ISSUE STATEMENT: the eastbound and nstall ve Drive and h lanes on Boulevard and Silver Rain Stripe left and throug between at Diamond Bar laurel Way Laurel WaY. ountain Mountainthe north side of 1d curb on Boulevard. Diamond Bar „A ReSOlution of NDATION: 94 _XX entitledleftand through RECOMME adopt Resolution No, establishing laurel Way at the City Council .Cof Diamond Bar ountain the north That the City roaches °f Med curb °n gar the City Council of westbound app 00 feet of r Diamond the eastbound and installing silver Rain Drive and lanes on Boulevard and between Diamond Bar Bain Laurel Way side of Moun Boulevard $1,000 which will be Boulevard'- oximately FINANCIAL SUwill cost appy fund. osed recommendation control maintenance The prop the City's traffic funded by from residents DISCUSSION: received requests Mountain BACRaROUND/ through lanes from ortation commission and Transp tation of left and The Traffic implemen to Diamond Bar Boulevard. collected for to consider the 7 to g;00 a. that Left- on that the Laurelway the peak hours of indicates Separate data (during Bar Boulevard deserve a The count at Diamond both approaches and Mountain Laurel Way movement on b are the predominant striping plan which tual westbound approaches left -turn lane. a conCep as part of the Commission reviewed the eastbound and h lanes on in addition, side of Furthermore, throug Bar Bouof red on the north left and at Diamond a 100 of red Boulevard was included Laurel Way Diamond Bar of Mountain Lan, installatS lver Rain Drive and the striping p between Laurel WaY which may potentially Mountain Driver to the Traffic reviewed. and 1701 Silver Rain riot 1649 curb were contacted prior c°recurrence residences, osed red was able tO 1649 Silver Two (2) the prop, The City As for residents °f but have had be affected by mission. Drive. two occasions, notified and Transportation 170ISilver Rain were to make contact on residences from residents of attempted the proposal• the Commission and Rain Drive, staff them about no discussion with for discussion by of this item's presentation determination by the City Council. PREPARED BY' Tseda Aberra a c; . Liu --- 94--_ 4 BAR RESOLUTION NO. THE CITY OF DIAMOND AND CITY COUNCIL ODES ON THE EASTBODIAMOND RESOLUTION OF THE THROUQg LAURZL WAY AT LEFT AND OF MOUNTAIN RED CURB ON ESTABLISHING A 100 FEET OF SILVER RAIN WESTBOUND APDROAD IpNTA- ROL WAY BETWEEN BAR BOULEVARD OULE S DE �MO TUB NORTH DIAMOND BAR BOULEVD DRIVE AND A. RECITALS. Transportation commission The Traffic and 1994. (i) c meeting on February 101 a Public the this matter at P ].994" considered February 10" a At the meeting of that the (ii) determined Commission d and Transportation Comm► the eastboun Traffic and t and through lanes on of a left and Bar at Diamond establishment Mountain Laurel Way the north side roaches of red curb on westbound apP a 10o feet of Bar installation Drive and Diamond Boulevard and in Rain Dri ountain Laurel Way between Silver of M ropriate. ission Boulevard are aPP Transportation Comm► (iii) The Traffic an eft and through lanes and recommends establishment of said 1 installation of said red curb. B. RESOLUTION• CITY COUNCIL OF THE CITY OF DIAMO� NOW THEREFORE" THE INE AND SOLVE AS FOLLOWS' FIND, DETERM Angeles County BAR DOES AEREBY of the Los 20.010 I. pursuant to Section 15• the City Council, adopted" by reference by the t of a left and through lanes on Code" as heretofore establishmen at roaches of Mountain Laurel Way the provides for red curb on westbound app 0 feet of eastbound and Drive and Boulevard and installation a 10 gain Diamond Bar between Silver Laurel Way The City north side of Mountain the City Council. the n "oval of Diamond Bar Boulevard upon app Council hereby finds that the public health, safety, and welfare will be best protected by establishing left and through lanes on Mountain Laurel Way at Diamond Bar Boulevard and a red curb zone on the north side of Mountain Laurel Way between Silver Rain Drive and Diamond Bar Boulevard. 2. This resolution shall not become effective until the left and through lanes on Mountain Laurel Way at Diamond Bar Boulevard and the red curbing on the north side of Mountain Laurel Way between Silver Rain Drive and Diamond Bar Boulevard have been installed as required in Section 1 of this resolution. 3. The City Council of the City of Diamond Bar hereby authorize and direct the Mayor to cause the left and through lane designation and red curbing to be painted indicating where they are to be required. PASSED, APPROVED and APPROVED this day of 1994 MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on day of 1994 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City C1exk, City of wed Bar AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: February 4, 1994 MEETING DATE: February 10, 1994 TO: Chairman and Members of the Traffic and Transportation Commission VIA: George A. Wentz, Director of Public Works FROM: David G. Liu, Senior Engineer el Tseday Aberra, Administrative AnalystIA SUBJECT: Striping on Mountain Laurel Way at Diamond Bar Boulevard BACKGROUND: On December 16, 1993, the Traffic and Transportation Commission reviewed a proposed striping plan (attached) which designated left -turn lanes on both approaches of Mountain Laurel Way at Diamond Bar Boulevard. As part of the review, the Commission directed staff to conduct traffic counts on Diamond Bar Boulevard at Cold Springs Lane. The result is intended to be used as comparison from which decisions can be drawn in regards to the creation of left -turn lanes on Diamond Bar Boulevard at Mountain Laurel Way. In addition to the review, staff was able to contact the residents on 1701 Silver Rain Drive, whose residence is adjacent to Diamond bar Boulevard, thus, restricted in parking and secure a concurrence with the proposed plan. Staff was unable to contact owners of the residence, addressed, 1649 Silver Rain Drive, which is also adjacent to Diamond Bar Boulevard and is restricted in parking. DISCUSSION• Based on the possibility that the proposed shared use of the curb lane by right -turn and through traffic on Mountain laurel Way at Diamond Bar Boulevard may cause an unnecessary delay to right -turning motorists when through traffic prevents right -turn -on -red movements, the intersection of Diamond Bar Boulevard at Mountain Laurel Way was further investigated by our traffic consultant, Warren Siecke. Since Cold Springs Lane at Diamond Bar Boulevard has striping similar to the proposed recommendation on Mountain Laurel Way, traffic counts were conducted at the intersection of Diamond Bar Boulevard at Cold Springs Lane and Diamond Bar Boulevard at Mountain Laurel Way (attached). The data from Cold Spring Lane may be of limited value due to the difference in volume characteristics with Mountain Laurel Way. Page Two Diamond Bar Blvd./Mountain Laurel Wy. February 4, 1994 The total east -west volume is approximately fifty percent greater at Mountain Laurel Way. However, the primary difference is the percentage of left -turn traffic versus the total traffic. At Mountain Laurel Way, the left -turn volume account for seventy-two percent (72%) of the eastbound traffic and sixty-eight percent (68%) of westbound traffic. At Cold Springs Lane, the left -turn volume are forty-five percent (45%) of the eastbound traffic and twenty-five percent (25%) of the westbound traffic. Furthermore, the following fifteen -minute count information (during the peak hour of 7 to 8:00 AM) for Mountain Laurel Way at Diamond Bar Boulevard provides insight into the potential for unnecessary delay. TIME PERIOD EASTBOUND WESTBOUND Left Thru Right Left Thru Right 7:00-7:15 AM 24 1 39 57 3 0 7:15-7:30 AM 65 5 30 47 20 3 7:30-7:45 AM 98 14 14 41 49 6 7:45-8:00 AM 103 7 31 20 5 3 TOTAL 290 27 114 165 77 12 The table indicates the following important factors: * Left -turns are the predominant movement on both approaches. The left - turn volume exceed the sum of the through and right -turn volume. * On the eastbound approach, the ratio of right -turn to through traffic is 4.2:1. The through volume is less than two per minute, hence the interference with right -turn on red should be minimal. * On the eastbound approach, the right -turn and the through movement peak periods do not occur at the same time. * On the westbound approach, the ratio of right -turn to through traffic is 0.16:1, indicating the right -turn movement is minor. * On the.westbound approach, the right -turn volume is only six vehicles during the peak through movement period. This data indicates the left -turn traffic is deserving of a separate left - turn lane. It also indicates the shared use of the curb lane should not cause unnecessary delay given.the magnitude of the volume and the peaking characteristics of the through and right -turn movements. Page Three Diamond Bar Blvd./Mountain Laurel Wy. February 4, 1994 RECOMMENDATION: It is recommended that the Traffic and Transportation Commission recommend to the City Council to stripe 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. COLD SPRINGS LANE AND DIAMOND BAR BOULEVARD TIME PERIOD EASTBOUND Thru Right Left WESTBOUND -- 7:00 - 8:00 AM Left Thru Right Left Thru Right 7:00 - 8:00 AM 24 19 33 47 76 61 8:00 - 9:00 AM 48 39 39 36 67 51 12:00 N - 1:00 PM 40 30 15 20 12 35 3:00 - 4:00 PM 105 61 30 40 39 63 4:00 - 5:00 PM 56 48 19 22 19 64 TOTAL • 273 197 136 165 213 274 7:00 - 9:00 AM 72 58 72 83 143 112 12:00 N-1:00 PM 40 30 15 20 12 35 3:00 - 5:00 PM 161 109 49 62 58 127 TOTAL 273 197 136 165 213 274 MOUNTAIN LAUREL WAY AND DIAMOND BAR BOULEVARD WES, TIME PERIOD EASTBOUND Left Thru Right Left Thru Right 7:00 - 8:00 AM 290 27 114 165 77 12 8:00 - 9:00 AM 178 1 82 71 g 6 12:00 N - 1:00 PM 168 8 67 60 9 18 3:00 - 4:00 PM 177 2 35 51 14 14 4:00 - 5:00 PM 158 4 37 37 11 9 TOTAL 971 42 335 384 120 59 7:00 - 9:00 AM 468 28 196 236 86 18 12:00 N-1:00 PM 168 8 67 60 9 18 3:00 - 5:00 PM 335 6 72 88 25 23 TOTAL 971 42 335 384 120 59 MA t 0 /-/6110 3 t ke L 3 � 00 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager PORT DATE: March 29, 1994 MEETING DATE: April 5, 1994 FROM: Frank M. Usher, Assistant City Manager Kellee A. Fritzal, Administrative Assistant TITLE: AWARD OF CONTRACT FOR PRODUCTION OF THE SUMMER COMMUNITY NEWSLETTER to SUMMARY: The Summer Community New and Recreation Guide soscohe�dlule(�d p)b`edistributed ared by June 1, 1994. Due to the short time limit, a Request o P owls were and sent to five (5) firms who produce community newsletters. Three (3) proposals received, reviewed and the firms interviewed. � review, � Summernds Commu that the lowest responsive bidder be awarded the contrto prepare t Newsletter. RECOMMENDATION: Staff recommends the City Council award mount not to exceed $9,130.00 and authe contract for production of the ho ze Newsletter to BSI Consultants, Inc. m the City Manager to sign the Professional Services Agreement. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: I. Has the resolution, ordinance or agreement been reviewed — Yes No � by the City Attorney? MAJORI'T'Y 2. Does the report require a majority or 4/5 vote? N/A Yes — No 3. Has environmental impact been assessed? — Yes No 4. Has the report been reviewed by a Commission? — Which Commission? Yes No 5. Are other departments affected by the report? — Report discussed with the following affected departments: REVIEWED BY: Frank M. Usher ellee A. Fritzal r,oAlerrence L. Belanger Assistant City Manager Administrative. Assistant City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 5, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AWARD OF CONTRACT FOR PRODUCTION OF THE SUIvIlVIER COMMUNITY NEWSLETTER ISSUE STATEMENT: Should the City award a contract for production of the Summer Community Newsletter? RECOMMENDATION: to BSI Consultants, Staff recommends the City Council award the contract for authorize the production tyOf tManagereSummer t sign the Professional Newsletter Services Inc. in an amount not to exceed $9,130.00 and authorize the ty Agreement. FINANCIAL SUMMARY: ddition The newsletter will be charged to account 001-4095-2350 which has a $13,000unencumbered n$2 3 0, there eis a unencunce. In mbered the postage, which is not included in the contract, would cost approximately balance of $4,300 in the postage account. BACKGROUNDMISCUSSION: The City, for the past three years has produced a Community Newsletter and Recreation Schedule three times per March 23 year to provide information about the City and Recreation which consisted oft eportunities. At the City hiri g of a community Relations 1994 the Council approved to mid -year budget of of this position will not be accomplished in time for Coordinator to produce the newsletter. However, the hiring production of the summer newsletter. The newsletters include the recreationod be mailedfor that sout m the b glnrung p n mid-June, therefore the news Winter/Spring) the Summer session begins i of June to assist in the registration. On March 17, 1994, the attached RFP was mailed to five (5) firms who produce community newsletters. The following three (3) firms responded to the RFP: BSI, Consultant, Inc. Gardner Communications Gregory Communications and their references- After the review, Staff reviewed the proposals, conducted interviews with the firms bidder, BSLCo Consultants to prepare the summer staff recommends that the City enter into a contract with the lowest bidder, Laguna Hills, Lake Elsinore and Sierra Madre. newsletter. BSI prepares the newsletters for the Cities of Attachments Request For Proposal BSI, Consultants Proposals PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 5th day of April, 1994, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and BSI r�T�l>>tants Inc. (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued a Request for Proposal (Attachment A) pertaining to the performance of professional services with respect to roduction of Sluter Newsletter and Recreation Schedule ("Project" hereafter) and by this reference made a part hereof. (ii) CONSULTANT has now submitted its proposal -for the performance of such services, a full, true and correct copy of which is attached hereto as Exhibit "B" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's City Council and staff on an as -needed basis. (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: 1 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 Summer Community Newsletter and Recreation Schedule described in Exhibit "A" hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the assigned project. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the assigned project. (c) Completion of Project: The date of completion of all phases of the Project, including any and all procedures, development plans, meetings, oral presentations June 1. 1994 forth in Schedule of Exhibit "B" hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, and professional standards, all to the reasonable satisfaction of CITY. Fa (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" and "B" to CITY within the time specified in Schedule of work in Exhibit "B". 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 Aq follows: (a) To pay CONSULTANT a maximum sum of nine thousand one hundred and thirty dollars ($9,130) 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 3 subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibits "A" and "B". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final. payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be paid on a time -and -materials reimbursement basis in accordance with the fee schedule set forth in said Exhibit "B". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4 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. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's 5 applicable hourly rates as set forth in Exhibit "B", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph g Ph 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. resentatives: Any and all 7. Notices and Designated Rem_ 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: BSI Consultants, Inc. Terrence L. Belanger Eliott Wolf, Project Mgr. City of Diamond Bar Ste. 100 16880 W. Bernardo Dr. 21660 E. Copley Dr., San Diego, CA 92127 Diamond Bar, CA 91765 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a 6 subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Workers' Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement" (b) Public Liability and Property Dama e: 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, 7 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 at least One Million Dollars ($1,000,000.00) aggregate. (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, agents and representatives. All policies shall contain language, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any 8 manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to 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 one hundred dollars ($100.00) 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. 9 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attornev's Fees: in the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the 10 parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT CITY OF DIAMOND BAR City Manager ATTEST: City Clerk 11 21660 EAST COPLEY DRIVE - SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 - FAX 909-861-3117 REQUEST FOR PROPOSALS COMMUNITY NEWSLETTER & RECREATION SCHEDULE You are hereby invited to submit a proposal to provide production of the City of Diamond Bar's Summer Community Newsletter and Recreation Program brochure. The objective will be to provide a cost-effective, quality publication which will enhance the City image and promote its services, programs and activities to the community it serves. The City of Diamond Bar was incorporated in 1989 to better serve its more than 53,600 residents. The City Community Newsletter and Recreation Schedule is published three times yearly to provide information about City programs and services. The City contracts with a public relations firm to produce and deliver in a timely manner the newsletter. The City is seeking a qualified firm with municipal experience to develop the Summer Newsletter by June 1, 1994. The Publisher will be required to enter into a Professional Services Agreement with the City, prior to the commencement of work. SERVICES TO BE PERFORMED BY PUBLISHER At a minimum the publisher will be required to: Publisher will work with City staff in the development of the publication, which will include, but not limited to, determination of appropriate photos and graphics, color and format and appropriate production time schedule. Publisher will design the newsletter, write and edit stories and articles; provide photography, prints from proof sheet; design. format and layout; proofread; deliver preliminary and final materials for review by the City; make any final correction or changes; prepare final page layout, deliver camera ready to printer, supervise printing and delivery to Post Office. Pay all cost for actual production -related expenses handled by the publisher 4. Insurance Requirements: Professional liability insurance in amount of $1,000,000 and Comprehensive liability $1,000,000 coverage. Designate one person to serves as the liaison with the City. Gary H. Werner Clair W. Harmony Eileen R. Ansari Gary G. Miller Phyllis E. Papen Mayor Mayor Pro Tem Councilmember Councilmember Councilmember RECYCLED PAPER Publisher should have a working knowledge of community. Demonstrate a willingness to research, develop, and rewrite copy repeatedly if necessary. Have excellent photography and photo developing skills. Have an extensive background in recreation program publication. SERVICES TO BE PERFORMED BY CITY Services to be performed by the City in connection with this proposal: 1. Provide a sample of City's Community Newsletter 2. Designate a primary representative to work with the publisher. Cooperate with and assist publisher in article research and editorial viewpoint. 4. Assist the publisher with arrangement for interviews and photo sessions as necessary with City officials, staff and personnel at times mutually agreed upon. Review preliminary copy and approve final copy within mutually agreed upon time lines. 6. Approve camera-ready copy. 7. Pay for mailing costs related to postal distribution of publication. PROPOSAL REQUIREMENTS Proposals are due no later than March 25, 1994, 5:00 p.m. in the office of Terrence L. Belanger, City Manager City of Diamond Bar 21660 E. Copley, Suite 100 Diamond Bar CA 91765 Proposals, at a minimum, shall contain the following: Discussion showing a description of the work including proposed schedule of major tasks and delivery of product to Post Office by June 1, 1994 Resumes of all persons that will specifically be utilized to perform the proposed work, including sub -contractors. The cost to provide the services for the publication described herein. 4. Reference and samples of similar publications completed within the last two years. PUBLICATION SPECIFICATIONS Publication specifications are as follows: 18,500 copies shall be printed. 17,839 copies to be carrier route sort into 45 different routes, deliveries to Diamond Bar and Walnut Post offices with balance distribute to the Diamond Bar City Hall. Brochure shall be two colors, black and one pms color, plus bleeds, screens, halftones 4. To be printed on 70# Springhill Offset - white smooth finish. The publication shall contain 20 pages with a self cover 6. The publication shall be approximately 8 1/2" by 11 " in size and saddle -stapled. 7. Development of the brochure to include: - Preparation of a mutually agree upon deadline schedule - design, typesetting, layout and printing - writing and editing of stories and articles - proofreading - providing photography and prints from proof sheet (black & white) - delivery of copy to City for review - providing final page layouts - delivering camera-ready to printer and supervising printing - simplified presort and delivery to Post Office FEES The proposal shall be on a fixed fee (not to exceed) basis. Fees shall be based on one (1) twenty (20) page issue. Publisher shall indicate incremental cost for additional pages. The City request a an itemized proposal for copy preparation, photography, typesetting, layout and printing. An itemized. account of publication fees must be submitted on an invoice, which shall be submitted after the publication has been distributed. CRITERIA FOR SELECTION The criteria for evaluating the proposals submitted will take the following into consideration. Ability of the publisher to perform the specific tasks outlined in the RFP. 2. Qualification of the specific individuals who will work on the publication. Reasonableness of fee requested to do the work. 4. Demonstrated record of success of the publisher's work for the city or for other municipalities or enterprises. PROPOSAL REJECTION 1. The City of Diamond Bar reserves the right to reject any or all proposals submitted. 2. The City of Diamond bar is not liable for any pre -contract expenses. 3. Proposal must be completely responsive to the RFP. PROJECT CONTACT Questions concerning this request for proposal should be directed to Kellee Fritzal, 396-5690. Administrative Assistant at (909 ) BSI Consultants, Inc. March 25, 1994 Terrence L. Belanger City Manager City of Diamond Bar 21660 E. Copley ' Suite 100 Diamond Bar, CA 91765 Dear Mr. Belanger: BSI appreciates the opportunity to s City of Diamond Bar's ubmit the enclosed Community Newsletter and Recreation Pfor the rogram brochureublication of . N We offer complete writing and design services for local government newsletters and Mailing brochures. Our subconsultants, White RoseMs�iigs, Marrs Printing, Services, offer high quality photography, , p and mailing capabilities. This proposal contains our scope of work, fees, a statement of our qualifications and experience, a project schedule, reference letters, resumes of our team members, and samples of our work. White Rose Studios, located in Claremont, currently- provides photography services for the Claremont Chamber of Commerce, Inland Cities Magazine, and the rt, among On prm a ote winter other clients. Marrs Printing of Industry, a full-service printing issue of the Community Newsletter/Recreation Program brochhure.Established lar o a Puente our City in 1990, M.L. Hall Mailing Services has handled many largemailings M Newsletter/Recreation Schedule, including mailings of colleges, inr the cluding SaddlebacRevenue k and the States of Illinois and Utah, and countless numbers g Grossmont. meet Thank you for your consideration. We are excited about helpingtheCity City is communication objectives and are looking forward to the opportunity to o of Diamond Bar on this project. Sincerely, do BSI CONSULTANT INC. Elliot Wolf Manager, Public Information Services EW/bje Proposals/ diamndb r/ newsletr. ew I 2001 Eas: F r=t Street. Santa Ana. CA 92705-4020 • 714) 568-7300 • FAX: (714) 836-5906 9 An Equal Opportunity Employer Table of Contents �. I , , , ..... Scope of Work Section I ........................ . .. , , , , , Work Schedule Section II ........... .................. . , , , , , , .. Project Team Section III ........................ . . Fee Schedule Section IV .............................. . References/Experience Section V ............................... Our Clients Speak Section VI ................................. Samples Section VII .............................. ............ ...... Insurance Appendix ................................ �. I Section I - Scope of Work 1. Meet with City staff to determine production timechscheand dule, format, color, article Receive text topics and contact personnel, editorial viewpoint, photos, for Recreation Program brochure.w Oneof ouPrThisies will be to communication sbcritical to close working relationships and rapport Citystaff.an ' assuring that the work progresses efficiently. Ouurgo ' is s status serveand iextession of your staff. _ We will keep City staff advisedo 1eo P Ject ' 2. Suggest further article topics by surveying City staff and reviewing reports. 3. Obtain approval from City staff on article topics. Receive guidance on priority ' articles and relative amount of space dedicated to each article. 4. Research, interview, and write original ' origi olarticcles • is eivdfrom a ty staff. All interviews will be conducted City facilities. Insure articles re ing readable by creating interesting lead paragraphs and contain a positiver tone.. Each that all articles are written in the same style, are ac urate article will answer all basic journalistic questions (i.e. who, , oral, when, beneficial t, how), include information on why the program, project, project, or event. The incorporation citizens, and anything unique about the program, p j ' of interesting quotes from citizens d d City o staff ersotthinelewilltof the be provided, where project will add substance aimpact. ' appropriate. 5. Present articles to City staff for approval. ' 6. Incorporate changes and rewrite articles, if necessary. on � 7. Determine appropriate photos, take photos, and photographs androvide proof sheets for �"crop'� as and approval. Develop photographs. Enlarge/reduce necessary. g. Develop layout and graphics for newsletter ttwe we a desktop pubsed on our expertise l Shing system, em, input from City staff. Typesetting is not necessary reducing costs to the City. The design will be read attractive Suggested araw attention to the improvements to the articles and insure that the newsletter gets current newsletter include the use of drop capitals (an oversized foot letter ats behind the start of articles), the incorporation of pull quotes, and the ghosting graph articles. Additionally, graphic elements and more . color could be added to the recreation schedule to break up the text -intensive document. We would also lie to suggest that the newsletter be given a name relating to the community and that the City's logo and/or another appropriate graphic be incorporated into the masthead. proposalsidiamndlnewslem ew Section i - Scope of Work 9. Present newsletter and recreation schedule layout with graphics to City staff for approval. 10. Make any corrections and prepare camera-ready boards. 11. Submit blueline to City for final review. 12.' Re -check boards to be certain that all requested changes/corrections have been made. 13. Supervise printer to ensure printing, folding, and collating to City specifications. w 14. Supervise mailing house in the timely bundling and distribution of the newsletter according to postal carrier routes. Distribute balance to Diamond Bar City Hall. A postage savings can be achieved by transferring your current bulk mail permit from Pomona to La Puente, the site of our mailing house. proposalsldiamndnewslemew Section 9 - Work Schedule April 6 Initial meeting with City staff App 7-8 Survey City staff for article topics April 11 Present potential articles topics to City April 13 Obtain approval on topics from City April 14-15 Interview City staff April 18-21 Write articles April '22 Present articles to City staff for approval April 27 Return of articles with corrections to BSI April 28 -May 10 Perform newsletter and recreation schedule layout May 10 Present layout to City for approval May 12-16 Make corrections and prepare camera-ready boards May- 16-19 Prepare blueline May 19 Present blueline to City for approval May 20-27 Print, collate, and fold the newsletters May 27-31 Prepare newsletters for mailing June 1 Deliver newsletters to post offices, City Hall propow Wdiamad/newdemew i Section X - project Team Elliot M. Wolf Project Manager/Writer Masters of Business and Public Administration ' University of California, Irvine, 1983 Bachelor of Arts in Political Science University of California, Berkeley, 1981 of Mr. Wolf has over ten years experience in the writing, itng, editing, localand design government issues. lHe has ry local government newsletters, and newsletters dealing acquired this experience through positions as Regional rofitnf rrmation rector f clearinghouses for -Colo oc al Arizona -Nevada Innovation Group, a non -p Inc., and as Manager of Public governments, as Marketing Coordinator for BSI n onsull temknowledge of local governments Information Services for BSI. He has gained a through research, surveys, and workshops he conducted with the Innovation Group. vision He is currently Manager of BSI's Public information wsletters. He isivision. The Dtwriting la responsible for the writing and design of local government ne series of citizen newsletters for the Cities of Lake Elsinore, Sierra Madre, Laguna Hills, Glendale, Monrovia, San Gabriel, Menlo Park, and Encinitas, which are mailed to 300,000 citizens in these communities. Two of the newsletters contain Parks and Recreation Schedules. Mr. Wolf manages the projects; researches,ttersinterviews, The Lake Elsinore neand writes the w letter and supervises the printing and mailing of the newsle won an Award of Merit from the International Association of Business Communicators District Six Silver Six Awards Program and the Laguna Hills newsletter won a "Savvy" Award from the City -County Communications & Marketing Association. lely responsible for the azir eg d stributed o supervision and 1000 Mr. Wolf also created and is solocal the production of the BSI Pipeline, a quarterly mag eets all pre - government personnel in California and Washington. Hinsue es n tht the e labeling, nsorting, and scheduled deadlines, and supervises a local mailing ilg house delivery of the magazine. With the Innovation Group, Mr. Wolf wrote and edited threeNoteerland thely etti rso n locarl. government innovations - the CCAN Newsletter, the R & Additionally, he contributed to the Government Microcomputerw hno og'es used by mun c palities, Products Letter. These newsletters discussed r revenue-producing and cost-saving programs, and ntterniques the governments views and the editing of uarticles improve efficiency. Articles were wntten sed to throng heads and their staffs. The newsletters were sent received from local government department to top local government personnel in ten states. proposds/diamnd/ncw s1c1r. ew Section N - Project Team Mr. Wolf's article, "Eight Great Ideas for Communicating with Citizens on a Shoestring Budget" was published in Western City Magazine. He recently spoke on the subject at a CCAN Innovation Group meeting in Palm Springs. His article, Newsletters: Getting Started" was published in the International Institute of Municipal Clerks News Digest. He also spoke on the subject of newsletters at the California Association of Local Coordinated Transportation Annual Conference in Ukiah. He currently serves as Publicity/Public Relations Committee Chair and Newsletter Editor for the San Diego -Imperial County Chapter of the American Public Works Association. propowls/diamnd/newsletnew Section N - Project Team Terry Journey Graphic Designer Various Courses in Graphic Design, Desktop Software, and Fine Art Miramar College, Mesa College, and Mira Costa College, 1978-91 Newsletter Writing, Editing, Design, and Production San Diego State University Extended Studies, 1987 Ms. Journey has eight years of graphic design, layout, and production experience, using both computer and traditional methods. She currently designs city newsletters for the Cities of Encinitas, Sierra Madre, Glendale, Monrovia, Laguna Hills, San Gabriel, Menlo Park, and Lake Elsinore. Two of these newsletters contain Parks and Recreation Schedules. Ms. Journey has extensive experience in brochure, flyer, newspaper, magazine, newsletter, and advertisement layout and has worked considerably with printers. She has a 19 -year computer background and has mastered the following software packages: Pagemaker-4.0, Ventura Publisher 4.1, Corel Draw 3.0, Paintbrush, Adobe Illustrator, Freehand, and Photoshop. She has worked extensively with photographers and is experienced in reducing/enlarging and "cropping" photographs for newsletters. She has performed -desktop design and layout for up to four-color promotional materials. proposals/dismndlnuwslemew Section 1V - Fee Schedule Cost Per Issue Copy Preparation $ 630.00 Layout $1,200.00 Photography $ 165.00 Printing $7-135.00 Total $9,130.00 Cost Per Additional Page Copy Preparation $ 30.00 Layout $ 60.00 Photography $ 10.00 Printing $ 215.00 Total $ 315.00 The above quote is based on: 18,500 copies 20 pages with self cover 70# Springhill Offset paper -- white smooth finish Black plus one PMS color Saddle -Stapling 7 photos 3 screens 1 bleed Mailed as a flat piece Bundling by Carrier Route/Delivery to two post offices and Diamond Bar City Hall Postage not included Note: Typesetting is not necessary, since we utilize a desktop publishing system. Payment is proposed on a fixed fee (not to exceed) basis. An itemized account of publication fees will be submitted on an invoice which shall be submitted after the publication has been distributed. proposslsldismndlnewsletr.ew Section V - References/Experience Governments are our business. BSI has produced ongoing community newsletters for the following local governments: Lake Elsinore Sierra Madre San Gabriel Glendale Monrovia Laguna Hills Encinitas Menlo Park These newsletters inform residents and businesses of city issues, programs, and events, and enhance the images of the cities. Both clients and citizens have found our newsletters professional, readable, and attractive. Residents of the communities have become more enthusiastic and involved in their city government as a result. The cities have gained support for their programs, limited negative publicity, and gained their own voice in the community. Our Lake Elsinore newsletter won an Award of Merit from the International Association of Business Communicators District Six Silver Six Awards contest and our Laguna Hills newsletter received a Second Place Award in the City -County Communications and Marketing Association "Savvy" Awards Contest. Through our association with the Laguna Hills newsletter, we understand the communication needs of recently incorporated, master - planned, and family-oriented cities. Like Diamond Bar, Laguna Hills is a hillside community with numerous recreational facilities. On each of these newsletters, BSI staff has been responsible for the overall project management, development of article topics and research, interviews, the writing or editing of the newsletters, graphic design, and photography, printing, and mailing supervision. Two of the above newsletters (Glendale and Encinitas) also contain the City's Parks and Recreation Course Schedule. Over 300,000 residents receive the newsletters between the eight communities. The newsletters vary from one to four colors and are published from two to six times per year. Our services are tailored to meet the requirements of public agencies. In addition to the newsletters listed above, we have produced flyers and brochures for nine other local governments throughout the state, including the Cities of Ontario, Los Alamitos, Bell, and Perris. Our staff has ten years of experience in the creation and publication of newsletters dealing with local government and community issues. We understand the topics that are typically covered in community newsletters, so City staff does not have to waste needless propoulaldiamndlnewaletr.ew Section V - References/Experience time on training. We learn the values and attitudes that make our client communities unique and portray their character in the newsletters. Our staff has mastered various desktop publishing software packages. We are experienced at coordinating projects with department heads, council members, and other city staff. We also possess a strong track record in meeting deadlines. We will be available to quickly respond to your needs and meet your publication schedule through our local Santa Ana office. BSI is a Minority Business Enterprise. Our staff has published several articles and spoken at meetings on the subject of public information and newsletters. I propowls/dianuid/neW31etr.tw I Section V - References/Experience ■ The following individuals can act as references on our work: Mike Paules Sean Joyce Acting City Administrator City Administrator City of San Gabriel City of Sierra Madre 532 W. Mission Drive 232 W. Sierra Madre Blvd. San Gabriel, CA 91778 Sierra Madre, CA 91024 355-7135 (818) 308-2802 (818) Steve Adams Donald J. White Assistant to the City Manager Administrative Services Director City of Glendale City of Laguna Hills 613 E. Broadway 25201 Paseo de Alicia, Suite 150 Glendale, CA 91206 Laguna Hills, CA 92653 (818) 548-4844 (714) 707-2620 Judy Brooks Recreation & Community Services Administrator City of Glendale 613 E. Broadway Glendale, CA 91206 (818) 548-3791 Rod Gould City Manager City of Monrovia 415 S. Ivy Ave. Monrovia, CA 91016 (818) 359-3231 Dave Sapp Community Services Director City of Lake Elsinore 130 S. Main St. Lake Elsinore, CA 92530 (909) 674-3124, ext. 265 proposals/diamnd/new sletr. ew AGENDA ITEM NO. 9.3 NO DOCUMENTATION AVAILABLE 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 9176SA177 909-860-2489 ,FAX 909-861-3117 March 30, 1994 Dear Resident, sanitarSewer system in your As you are aware construction of a Financing for any such neighborhood is being tion of an assessment district. the forma improvement would be by Agenda item The City Engineering Office staff has scheduled is Scheduled for Council meeting. The meeting Quality for the next City 1994, at the South Coast Air Q Diamond 7:00 P.M., April 5, 21865 E. Copley Drive, Management District Auditorium, ort on the resent to the council a report in going Bar. The staff will present ro ect and an outline of op current status of the p forward. regarding the proposed Assessment ublic hearing reg olic it is expected that the This is not a p this item. District, but as is the council's comment regarding floor will be opened for p will be held at a future date to discuss the proPosed u111-L1�- you may call questions about this Agenda matter, If you have any qu ffice at 909) 396-5671. the City Engineer's o Sincerely, dJ Gg4e A. Wentz P.E. Director of Public Works cc: Mr. Jim Gardner, General Manager Diamond Bar Country Estates Association Eileen R. Ansari Mayo Gary H. Werner Clair or Pro Tem Harmony Councilmember Mayor r RECYCLED PAPER Gary G. Miller Phyllis E. Papen Councilmember Councilmember 8713037022 8713037023 LAI,FU LAI AND HSIEH C AYLOR,STEPHEN D AND SHARON L / 2501 CROW FOOT LN 2500 CROW FOOT LN V DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713040002 8713040013 LI,MICHAEL S AND MARIA N MUNOZ,GUILLERMO AND LINDA J 24055 FALCONS VIEW DR 23861 FALCONS VIEW DR DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713040021 8713041010 8713040021Y AND CYNTHIA I LEE,CHENG PEI AND CHAO M 2366 CLEAR CREEK LN r 21211 AMBUSHERS ST DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713037025 WOO,JAMES C AND WONG L 23655 FALCONS VIEW DR DIAMOND BAR CA 91765 8713038006 CHANG JAMES K CO TR 23600 FALCONS VIEW DR DIAMOND BAR CA 91765 8713039006 SALLARD,DANIEL J AND PATSY A 2654 CLEAR CREEK IN ` DIAMOND BAR CA 91765 8713039011 BLUM,WALLACE S AND BONNIE G / 23844 FALCONS VIEW DR DIAMOND BAR CA 91765 8713039007 18713041011 i WU,MiCHAEL AND RITA CHUNG,MOOCHIN AND HANHWA 2640 CLEAR CREEK LN 24014 FALCONS VIEW DR DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713037019 8713040009 LEE,JOSEPH C AND ELLIS,KEITH R AND MARY H 23727 FALCONS VIEW DR 23921 FALCONS VIEW DR DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713037020 LU , JAMES v 2530 CROW FOOT LN DIAMOND BAR CA 91765 8713040010 WEI,KIRK K & PAULINE P 23907 FALCON VIEW DR DIAMOND BAR CA 91765 8713040006 BHATT,BHARAT & TITIKSHA 23983 FALCON VIEW DR DIAMOND BAR CA 91765 f 8713041900 U S GOVT 1671 S DIAMOND BAR BLVD V1 DIAMOND BAR CA 91765 8713038028 LOPEZ,SAMUEL M AND AURORA C 2632 BROKEN FEATHER LN DIAMOND BAR CA 91765 8713038017 HWANG,YANG S&HAE S 2705 CLEAR CREEK LN DIAMOND BAR CA 91765 8713041008 HIRA,JIM AND KATHIE ;✓ 23960 FALCONS VIEW DR DIAMOND BAR CA 91765 871303 018 ORTMANN, ALE A AND DEBORAH R 18025 E CKLEBUR PL ROWLAND H GHTS CA 91748 8713038027 ADAMS,RICHARD P AND KARLA A 6349 BRIGHT AVE 1% WHITTIER CA 90601 8713038023 BEHN,RUSSELL H AND JOYCE R 2706 BROKEN FEATHER LN DIAMOND BAR CA 91765 8713037029 / PEARSON,MICHAEL W AND MARY V 23601 FALCONS VIEW DR DIAMOND BAR CA 91765 8713036032 8713037013 REDCHER,GARY L AND KRISTINE P SHAH PRAFUL H CO TR 2669 BRAIDED MANE DR 2349 CLEAR CREEK LN / DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 23627 E FALCON VIEW DR 8713036022 8713038026 JANZ,FRED FONORMA ROGERS,CHARLES L TR R 111 N EXPLORER ST DIAMOND BAR CA 91765 POMONA CA 91768 CONTRACTOR RUSTOM AND RITA 8713036024 / 8713040022 CHIU,ROBERT T AND ANITA L CHEN HSIANG SHIEN CO TR 2663 SHADY RIDGE LN 2348 CLEAR CREEK LN / DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713036025 8713041012 RIM,HYUN AND SOO 0 WOOTEN,PATRICIA M ET AL 2653 SHADY RIDGE LN 24030 E FALCON VIEW DR DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 DIAMOND BAR CA 8713038027 ADAMS,RICHARD P AND KARLA A 6349 BRIGHT AVE 1% WHITTIER CA 90601 8713038023 BEHN,RUSSELL H AND JOYCE R 2706 BROKEN FEATHER LN DIAMOND BAR CA 91765 8713037029 / PEARSON,MICHAEL W AND MARY V 23601 FALCONS VIEW DR DIAMOND BAR CA 91765 8713036037 8713037027 LEE,KWANG J AND BYUNG S HERNANDEZ,LUIS 2658 BRAIDED MANE DR 23627 E FALCON VIEW DR DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713036020 8713039004 CONTRACTOR RUSTOM AND RITA PACE,DAVID AND LINDA 2695 SHADY RIDGE LN 2710 CLEAR CREEK LN ✓ DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713036021 8713040016 HSU,JUDY H FOX,EDWARD M AND ELIZABETH 2673 SHADY RIDGE LN 2512 CLEAR CREEK LN ;/ ; DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713036033 8713040007 TANI,SUMIZO AND AYA SAVAGE,STEPHEN E AND PATRICIA A 16673 TAYLOR CT 23965 E FALCON VIEW DR ; TORRANCE CA 90504 DIAMOND BAR CA 91765 8713038027 ADAMS,RICHARD P AND KARLA A 6349 BRIGHT AVE 1% WHITTIER CA 90601 8713038023 BEHN,RUSSELL H AND JOYCE R 2706 BROKEN FEATHER LN DIAMOND BAR CA 91765 8713037029 / PEARSON,MICHAEL W AND MARY V 23601 FALCONS VIEW DR DIAMOND BAR CA 91765 8713038012 SEROPIAN,VARTKES M AND 23714 FALCONS VIEW DR DIAMOND BAR CA 91765 8713036040 LEE,EDWARD H AND KIM K 2649 BROKEN FEATHER LN DIAMOND BAR CA 91765 8713041013 CERVANTES,GEORGE JR AND ROSE / 24024 FALCONS VIEW DR V DIAMOND BAR CA 91765 8713037012 KAPOOR,SURJIT AND RATTAN V. -I 2331 CLEAR CREEK LN DIAMOND BAR CA 91765 8713036041 8713039003 LOYA,FRED AND JOANNE j HYMAN,DAVID AND ELLEN 2675 BROKEN FEATHER LN2724 CLEAR CREEK LN DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713040001 ODALY,ARTHUR R 24075 FALCONS VIEW DR DIAMOND BAR CA 91765 8713038013 WEINGARTEN,JAMES W AND KIM I 23730 FALCONS VIEW DR DIAMOND BAR CA 91765 8713038021 REVOLLO,HUGO A AND CAROLE A 2734 BROKEN FEATHER LN DIAMOND BAR CA 91765 8713040014 DILLARD,VIRGINIA A 23845 FALCONS VIEW DR DIAMOND BAR CA 91765 8713038015 BITHELL,DOUGLAS V AND ANNE M 2645 CLEAR CREEK LN DIAMOND BAR CA 91765 8713037028 ZIROLI,CLEMENT PO BOX 4900 / DIAMOND BAR CA 91765 8713037016 RASER,CARL J AND JANE E l 2435 CLEAR CREEK LN DIAMOND BAR CA 91765 8713040005 LAMB,DENNIS W AND PATSY D ✓ 24011 FALCONS VIEW DR DIAMOND BAR CA 91765 8713040008 SITZER,MICHAEL F 23943 FALCONS VIEW DR V/ DIAMOND BAR CA 91765 8713040020 QUAN,BRIAN AND CYNTHIA L 2406 CLEAR CREEK IN DIAMOND BAR CA 91765 j 8713038011 i SANG,YUSHIK AND YONG S 23702 FALCONS VIEW DR DIAMOND BAR CA 91765 8713038016 NORTH AMERICAN MORTGAGE CO PO BOX 808004 PETALUMA CA 94975 8713037017 TEXAS COMMERCE PO BOX 226407 DALLAS TX 75222 BANK HOUSTON TR 8713039016 ROSKI,EDWARD P SR AND 23916 FALCONS VIEW DR DIAMOND BAR CA 91765 8713038024 5 3802 DIKE,JAMES P AND LISA J 8713087130STINE802JAY R AND 2688 BROKEN FEATHER LN 2674 BROKEN FEATHERELNTH A DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713038010 NELSON,JACK C CO -TR 23656 FALCONS VIEW DR DIAMOND BAR CA 91765 8713039014 / CHUNG,PETER AND DORA V 23884 FALCONS VIEW DR DIAMOND BAR CA 91765 8713040003, LONG,CHRISTINA E PO BOX 4736 DIAMOND BAR CA 91765 8713040018 LIU,FRANK K AND MARCIA 2436 CLEAR CREEK LN DIAMOND BAR CA 91765 8713042010 SCHMIDT,WILLIAM R AND GLORIA A 24126 LODGE POLE RD DIAMOND BAR CA 91765 / 8713043005 LUCKEY,ALFRED L AND ANN 24107 LODGE POLE RD DIAMOND BAR CA 91765 8713043009 FENG,KAO C AND ANCHI W 24167 LODGE POLE RD % DIAMOND BAR CA 91765 8713043002 PAIBUL,SENI D PACHARA 1103 TIE LUNA WALNUT C 91789 8713040023 8713042009 WHITE,DONALD W AND MARCELLE C LIN,CALVIN C AND 2330 CLEAR CREEK IN j 24168 LODGE POLE RD DIAMOND BAR CA 91765 ✓ DIAMOND BAR CA 91765 8713040011 TREMAZI,M S AND IOBAL 11149 E GARVEY AVE ;/ EL MONTE CA 91733 8713040015 CORONA,HILDA kl 23815 FALCONS VIEW DR DIAMOND BAR CA 91765 8713037026 GORDON,BERNARD M AND ELLEN D 23643 FALCONS VIEW DR DIAMOND BAR CA 91765 v 8713037021 PYLES,LARRY J AND AUDREY A 2506 CROW FOOT LN DIAMOND BAR CA 91765 8713039009 QUERUBIN,RUBEN R AND CORAZON R 23812 E FALCONVIEW DR DIAMOND BAR CA 91765 V 8713043007 FAKHARI,YOUSSEFF AND KANDA S 9155 E ARCADIA AVE SAN GABRIEL CA 91775 8713041006 LEE,STEVE M AND JULIA S 2142 INDIAN CREEK RD DIAMOND BAR CA 91765 8713041007 SHEN,CAREY T AND BERNADETTE 2160 INDIAN CREEK RD DIAMOND BAR CA 91765 8713043003 SCHUMACHER,MICHAEL L AND 24043 LODGE POLE RD DIAMOND BAR CA 91765 8713042013 RAVI,ANKINEEDU P AND SUSEELA P 24030 LODGE POLE RD DIAMOND BAR CA 91765 8713037014 18713040025 DISHNO,STEVEN M AND 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2696 SHADY RIDGE LN 20676 KELFIELD DR DIAMOND BAR CA 91765 WALNUT CA 91789 8713036029 8713041004 VAN IRAN DAVID R AND MARGARET L / j ARAKELIAN,SHELLY J 2664 SHADY RIDGE LN 2412 ALAMO HEIGHTS DR DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713036028 BENING,SCOTT N AND ROSARIO E V PO BOX 4341 DIAMOND BAR CA 91765 8713036026 VESLY,PATSY C TR 2641 SHADY RIDGE IN DIAMOND BAR CA 91765 8713041001 ESPINOZA,ROLANDO AND GLADYS / 3045 BUCKHAVEN RD 1 CHINO CA 91709 8713038007 CHU,JAMES & LILY 23608 FALCONS VIEW DR DIAMOND BAR CA 91765 8713036043 WIESE,CRAIG 2721 BROKEN DIAMOND BAR H AND SUSAN F FEATHER LN CA 91765 8713038009 HERNANDEZ,DIANE M 17631 WINDING CREEK RD SALINAS CA 93908 8713039010 GASS,CAROLE L 23830 FALCONS VIEW DR DIAMOND BAR CA 91765 8713039002 BERTRAND,GRACE 9149 LINDANTE DR WHITTIER CA 90603 8713038022 WONG,JAMES AND NANCY V 3 LOS ANGELES CA 90066 871 0370 U� KAPO R,SU T D D RATTAN 203 LLSID ANTIO CA 94 9 8713037024 f GORDON, BERNARD M AND ELLEN D V 23643 FALCONS VIEW DR ✓ DIAMOND 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LINDNER,STEVE R AND PETRA M V PO BOX 875 ALTA LOMA CA 91701 8713041015 DUNCAN,ROBERT J AND GLORIA E ✓ 23672 MEANDERING EK DR DIAMOND BAR CA 91765 8713039017 8713038014 ROSKI,EDWARD P SR AND BEATRICE SPIEGEL,MARTIN A AND MARILYN TRS / 13191 CROSSROADS PKY 6 2625 CLEAR CREEK LN V IA PUENTE CA 91746 DIAMOND BAR CA 91765 8713040024 8713038019 WHITE,DONALD W AND MARCELLE C CHAN,ALEXIUS C AND CHRISTINE K 2330 CLEAR CREEK LN 2739 CLEAR CREEK DR DIAMOND BAR CA 91765 DIAMOND BAR CA 91765 8713037015 CHO,DO Y AND CHUNG O 2417 CLEAR CREEK LN DIAMOND BAR CA 91765 8713039005 SHU, FRANK T AND SUSAN S TRS 2668 CLEAR CREEK LN DIAMOND BAR CA 91765 8713041009 BROUSSARD,DONALD J 23980 FALCONS VIEW DR DIAMOND BAR CA 91765 8713038018 v MEDIRATTA,RITA 22807 LAZY TRAIL RD DIAMOND BAR CA 91765 8713038008 KAITZ,PAUL H AND BARBARA J 646 N GRAND AVE COVINA CA 91724 B>130 J)0.) HEANA NDEZ.LUIj 2]621 E Fa ICON 'T Fu DR DIAn ONO BAR CA 91165 116b0E. COPLEYDRIVE. SUITE IBD - '- DIAMOND BAR, CA 917y ' II DIA��DV '� BAA, 100 CA 91)61 _ IIW E. COPLEY DRIVE. SUITE 100 DIA.%tWD BAR. CA 91761 B>130 J)0.) HEANA NDEZ.LUIj 2]621 E Fa ICON 'T Fu DR DIAn ONO BAR CA 91165 116b0E. COPLEYDRIVE. SUITE IBD - '- DIAMOND BAR, CA 917y A)13Da10.)_ I U, ONL p AND NSU C �7aN CREE`: RO 811309_bl, 2E0EO 1L OCLE OpO OC qpO D lgnOrvO 9I)j n`I DA EO BAR CA 5 21660E ' II DIA��DV '� BAA, 100 CA 91)61 _ 2 660 E. COPLEY DRIVE, BU RE 100 1)6) DIAMOND BAR, CA 91- A)13Da10.)_ I U, ONL p AND NSU C �7aN CREE`: RO 811309_bl, 2E0EO 1L OCLE OpO OC qpO D lgnOrvO 9I)j n`I DA EO BAR CA 5 21660E _ 2 660 E. COPLEY DRIVE, BU RE 100 1)6) DIAMOND BAR, CA 91- 11660E. COPLEY DRIVE, SUITE 100 DIAMO.\-O BAR, CA 91761 81130380_: REVOLLO.HUGO A Ano CARCLE a 213E BA 0'�EN FEATHER L. DS AA ONO 9AR [A 91)55 3b 1:00) SnE N,[AP E'I T An. B 1AOETIE .'1n0 INO1aN Cf.E EK R0, OIANOrvD BqA CA 91)65 Wednesday: March 30, 1994 City of Diamond Bar page: 1 Meeting Agenda For PRIVATE April 5, 1994 1• CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER ROLL CALL: COUNCIL MEMBERS ANSARI► PAPEN, MILLER, Mayor Pro Tem Harmony, Mayor Werner CERTIFICATES, ETC. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS' - 10, 1994 AS PUBLIC HEALTH WEEK IN 2.1 PROCLAIMING APRIL 4 Environment, Healthy body, Healthy celebration of Healthy Mind: Public Health NOW." 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - APRIL 11, 1994 - 7:00 P.M ­ Auditorium, Auditorium, 21865 E. Copley Dr. 5,2 GENERAL PLAN ADVISORY COMMITTEE - APRIL 12, 1994 - 7:00 P.M-, Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.3 TRAFFIC & TRANSPORTATION COMMISSION - APRIL 14, 1994 AQMD Board Hearing Room, 21865 E. Copley Dr 6:30 p.m., . 5.4 5TH ANNIVERSARY 17,1994 - 1:00 P.M. TO Y CELEBRATION APR Dusk, Peterson Park, 24142 Sylvan Glen Dr. 5.5 CITY COUNCIL MEETING - APRIL 19,,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 FEBRUARY 15, 1994 - APPROVE AS SUBMIT' 6.1.2 REGULAR MEETING OF MARCH 1, 1994 - APPROVE AS SUBMITTED H 15, 1994 - APPROVE AS SUBMITTED 6.1.3 REGULAR MEETING tOFCMARC Requested by lerk 6.2 PLANNING COMMISSION MINUTES - REGULAR MEETING OF FEBRUARY 28, 1994 - Receive & file. Development Director Requested by Community Develo 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES -REGULAR Meeting of February 10, 1994 - Receive & file. Requested by City Engineer City of Diamond Bar Wednesday: March 30, 1994 Meeting Agenda For Page: 2 PRIVATE April 5, 1994 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - REGULAR 6.4VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED APRIL 5, 1994 in the amount of Requested by City Manager 6.5 REJECTION OF CLAIMS: 6.5.1 FILED BY WILLIAM LYON COMPANY ON MARCH 8, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6.5.2 FILED BY KENT AND BENNIE SORRELLS ON MARCH 9, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION/MODIFICATION OF HANDICAP ACCESS RAMPS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - During the 1993-94 Los Angeles Urban County CDBG (Community Development Block Grant) Program grant cycle, $82,980 in federal funds was approved and allocated towards the modification of handicap access ramps at certain locations on: Diamond Bar Blvd., Golden Springs Dr. and Fernhollow Dr. Staff has prepared bid specifications for the construction/modification of handicap access ramps at various locations. Recommended Action: Adopt Resolution No. 94 -XX approving bid specifications for Construction/Modification of Handicap Access Ramps at various locations and authorize the City Clerk to advertise the project for bids. Requested by City Engineer 6.7 NOTICE OF COMPLETION - COAST LANDSCAPE 60 FREEWAY TREE Planting Recommended Action: Requested by Community Services Director 6.8 AWARD OF BID FOR TRAFFIC SIGNAL INSTALLATION - SHADOW CANYON AND FOUNTAIN SPRINGS - On March 1, 1994, the City Council City of Diamond Bar Wednesday: March 30, 1994 Meeting Agenda For Page: 3 PRIVATE April 5, 1994 6.8 AWARD OF BID FOR TRAFFIC SIGNAL INSTALLATION - SHADOW CANYON AND authorized staff to advertise for bids for the installation of traffic signals on Diamond Bar Blvd. at Fountain Springs and Shadow Canyon Dr. At this time, the City proposes to award a contract to the lowest responsible bidder, Macadee Electrical Construction. Recommended Action: It is recommended that the City Council award`a contract to Macadee Electrical Construction in an amount not to exceed $121,747.25 and provide a.contingency of $12,000. Requested by: City Engineer A oso OF-1t%C- C -17V coUn)C-« of y OK 6.9 RESOLUTIONnAPPOINTING M/WERNER AND MPT/HARMONY AS DELEGATES TO A WILDLIFE CORRIDOR CONSERVANCY STUDY GROUP. Requested by: MPT/Harmony 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. _94 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONG MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 - In compliance with the 1993 Congestion Management Program (CMP) for Los Angeles County, the City of Diamond Bar is required to adopt a resolution self -certifying our conformance with the CMP by May 1, 1994. This includes the jurisdiction documenting its participation in the countrywide deficiency plan, accomplished through annual submittal of a local implementation report. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony and adopt Resolution No. 94 -XX. Requested by City Engineer 7.2 PROPERTY MAINTENANCE ORDINANCE - Re ommended.Action: G 'y 9 Requested by Community Development Director 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 01 (1994) - Recommended Action: Requested by Community Development Director City of Diamond PRIVATE Bar Meeting Agenda For April 5, 1994 Wednesday: March 30, 1994 Page: 4 8.3 STATUS REPOR�/RE. PROPOSED SEWER ASSESSMENT DISTRICT r -, 8.4 RE OLUTION N0. 9•- .�r�` � 0_45 45 : - A YtESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS - Report from Asst. City Manager re: cost of living adjustment in salaries and benefits. Recommended Action: Oxtllr, 4'¢-,C11 q6 - c/S Requested by: City Manager GLensG ��;55 oY-� CL( -,d 8.5 RECONSIDERA N OF VE TING TENTATIVE TRACT MAP 47850 - Recommended Action: Adopt motion to reconsider. Requested by;City Council 8.6 SOUTH POINTE MASTER PLAN REQUEST BY J.C. DABNEY & ASSOCIATES .1J�J for further consideration and processing of the South Pointe Master Plan. Requested by,J.C. Dabney & Associates 8.7 UPDATE ON CITY'S 5TH ANNIVERSARY CELEBRATION - Requested by; rn 8.8 INFORMITION FROM FORMER CITY ATTORNEY Requested by;MPT/Harmony 9. NEW BUSINESS: 9.1 AWARD OF CONTRACT FOR PRODUCTION OF THE SUMMER COMMUNITY NEWSLETTER - The Summer Community Newsletter and Recreation Guide is scheduled to be distributed by June 1, 1994. Due to the short time limit, a Request for Proposal (RFP) was prepared and sent to five (5) firms who produce community newsletters. Three (3) proposals were received, reviewed and the firms interviewed. After review, staff recommends that the lowest responsive bidder be awarded the contract to prepare the summer community newsletter. Recommended Action: It is recommended that the City Council award the contract for the production of the summer newsletter to BSI Consultants, Inc. in an amount not to City of Diamond Bar Wednesday: March 30, 1994 Meeting Agenda For Page: 5 PRIVATE April 5, 1994 9.1 AWARD OF CONTRACT FOR PRODUCTION OF THE SUMMER COMMUNITY exceed $9,130.00 and authorize the Mayor to sign the Professional Services Agreement. Requested bysCity Manager 9.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING LEFT AND THROUGH LANES ON THE EASTBOUND AND WESTBOUND APPROACHES OF MOUNTAIN LAUREL WAY AT DIAMOND BAR -BOULEVARD AND INSTALLING A 100 FEET OF RED CURB ON THE NORTH SIDE OF MOUNTAIN LAUREL WAY BETWEEN SILVER RAIN DRIVE AND DIAMOND BAR BOULEVARD - On February 10, 1994, the Traffic & Transportation Commission reviewed and recommended to approve a plan that creates left and through lanes on the eastbound and westbound approaches of Mountain Laurel Way at Diamond Bar Blvd. In addition, plans to install 100 ft. of red curb on the north side of Mountain Laurel Way between Silver Rain Dr. and Diamond Bar Blvd. were reviewed. Recommended Action: It is recommended that th City�Coun cil ado& -1 -jt Res lutio No. 94 -XX ��hrl�d1�. 9/ 4i r o� c �e csG L&",kJ Requested by:City Engineer 9.3 DISCUSSION REGARDING AD HOC LIBRARY FUNDING COMMITTEE Requested by: C/Ansari 10. ANNOUNCEMENTS: 12. ADJOURNMENT: City of Diamond Bar Meeting Agenda For PRIVATE April 5, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER DRAFT Tuesday: March 29, 1994 Page: 1 ROLL CALL: COUNCIL MEMBERS ANSARI, PAPEN, MILLER, Mayor Pro Tem Harmony, Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 PROCLAIMING APRIL 4 - 10, 1994 AS PUBLIC HEALTH WEEK IN celebration of "Healthy Environment, Healthy body, Healthy Mind: Public Health Now." 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. .SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - APRIL 11, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.2 GENERAL PLAN ADVISORY COMMITTEE - APRIL 12, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.3 TRAFFIC & TRANSPORTATION COMMISSION - APRIL 14, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4 5TH ANNIVERSARY CELEBRATION - APRIL 17, 1994 - 1:00 P.M. TO Dusk, Peterson Park, 24142 Sylvan Glen Dr. 5.5 CITY COUNCIL MEETING - APRIL 19, 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 FEBRUARY 15, 1994 - APPROVE AS SUBMITT 6.1.2 REGULAR MEETING OF MARCH 1, 1994 - APPROVE AS SUBMITTED 6.1.3 REGULAR MEETING OF MARCH 15, 1994 - APPROVE AS SUBMITTED Requested by City Clerk 6� PLANNING COMMISSION MINUTES - REGULAR MEETING OF FEBRUARY 28, 1994 - Receive & file. Requested by Community Development Director 6.,/'TRAFFIC & TRANSPORTATION COMMISSION MINUTES - REGULAR Meeting of February 10, 1994 - Receive & file. Requested by City Engineer City of Diamond Bar Tuesday: March 29, 1994 Meeting Agenda For Page: 2 PRIVATE April 5, 1994 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - REGULAR 6.4 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED APRIL 5, 1994 in the amount of Requested by City Manager REJECTION OF CLAIMS: 6.5,h'°r FILED BY WILLIAM LYON COMPANY ON MARCH 8, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. equested by City Clerk 6. .2 FILED BY KENT AND BENNIE SORRELLS ON MARCH 9, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CURB CUTS FOR ACCESSIBILITY OF WHEELCHAIRS - During the 1993-94 L.A. County CDBG (Community Development Block Grant) Program grant cycle, $82,980 in federal funds was approved and allocated toward modification of handicap access ramps at certain locations on: Diamond Bar Blvd., Golden Springs Dr. and Fernhollow Dr. At this time, staff has prepared bid specifications for the construction/modification of handicap access ramps at various locations. Recommended Action: Adopt Resolution No. 94-XX.approving bid specifications for Construction/Modification of Handicap Access Ramps at various locations and authorize the City Clerk to advertise the project for bids. Requested by City Engineer 6.7 NOTICE OF COMPLETION - COAST LANDSCAPE 60 FREEWAY TREE Planting Recommended Action: Requested by Community Services Director 6.8 AWARD OF BID FOR TRAFFIC SIGNAL INSTALLATION - SHADOW CANYON AND FOUNTAIN SPRINGS Recommended Action: It is recommended that the City Council City of Diamond Bar Tuesday: March 29, 1994 Meeting Agenda For Page: 3 PRIVATE April 5, 1994 6.8 AWARD OF BID FOR TRAFFIC SIGNAL INSTALLATION - SHADOW CANYON AND Requested by: City Engineer 6.9 RESOLUTION APPOINTING M/WERNER AND MPT/HARMONY AS DELEGATES TO A WILDLIFE CORRIDOR CONSERVANCY STUDY GROUP. Requested by: MPT/Harmony 7. PUBLIC HEARINGS: 7.1 CONFIRMATION OF CONGESTION MANAGEMENT PLAN - Recommended Action: Requested by City Engineer 7.2 PROPERTY MAINTENANCE ORDINANCE - Recommended Action: Requested by Community Development Director 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 01 (1994) - Recommended Action: Requested by Community Development Director 8.2 ANNOUNCEMENT OF MRF AND CULTURAL RESOURCES COMMITTEES - 8.3 STATUS REPORT RE: PROPOSED SEWER ASSESSMENT DISTRICT 8_.4 RESOLUTION NO. 90-45H: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS - Report from Asst. City Manaer re: cost of living adjustment in salaries and benefits. Recommended Action: Requested by: City Manager 8.5 VESTING TENTATIVE TRACT MAP 47850 - Recommended Action: ; aetc-� &-, - Requested by: 8.6 SOUTH POINTE MASTER PLAN - City of Diamond Bar Tuesday: March 29, 1994 Meeting Agenda For Page: 4 PRIVATE April 5, 1994 8.6 SOUTH POINTE MASTER PLAN - J.C. -J Requested by: J CZab/tw� 6 8.7 UPDATE ON CITY'S 5TH ANNIVER Y CELEBRATION - Recommended Action: Requested by: 8.8 INFORMATION FROM FORMER CITY ATTORNEY Requested by MPT/Harmony 9. NEW BUSINESS: 9.1 AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION AND DIS RIBUTION OF SUMMER NEWSLETTER - Recommended Action: Requested by City Manager 9.2 PAVEMENT MARKINGS - Recommended Action: Requested by City Engineer 9.3 DISCUSSION REGARDING AD HOC LIBRARY FUNDING COMMITTEE Requested by: C/Ansari 10. ANNOUNCEMENTS: 11. CLOSED SESSION: MAY CONVENE TO CONSIDER: Litigation (G.C. 54956.9) 12. ADJOURNMENT: MATTERS OF PENDING City of Diamond Bar Meeting Agenda For PRIVATE April 5, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER DRAFT Wednesday: March 23, 1994 Page: 1 ROLL CALL: COUNCIL MEMBERS ANSARI, PAPEN, MILLER, Mayor Pro Tem Harmony, Mayor Werner• 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 PROCLAIMING APRIL 4 - 10, 1994 AS PUBLIC HEALTH WEEK IN celebration of "Healthy Environment, Healthy body, Healthy Mind: Public Health Now." 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - APRIL 11, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.2 GENERAL PLAN ADVISORY COMMITTEE - APRIL 12, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.3 TRAFFIC & TRANSPORTATION COMMISSION - APRIL 14, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4 5TH ANNIVERSARY CELEBRATION - APRIL 17, 1994 - 1:00 P.M. TO Dusk, Peterson Park, 24142 Sylvan Glen Dr. 5.5 CITY COUNCIL MEETING - APRIL 19, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 1161 5 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: - :00 P.M., 2900 S. Brea Cany 6.1.1 REGULAR MEETING OF FEBRUARY 15, 1994 - APPROVE AS SUBMITT 6.1.2 REGULAR MEETING OF MARCH 1, 1994 - APPROVE AS SUBMITTED 6.1.3 REGULAR MEETING OF MARCH 15, 1994 - APPROVE AS SUBMITTED Requested by City Clerk 6.2 PLANNING COMMISSION MINUTES - REGULAR MEETING OF FEBRUARY 28, 1994 - Receive & file. Requested by Community Development Director City of Diamond Bar Wednesday: March 23, 1994 Meeting Agenda For Page: 2 PRIVATE April 5, 1994 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - REGULAR Meeting of February 10, 1994 - Receive & file. Requested by City Engineer 6.4 PARKS & RECREATION COMMISSION MINUTES - REGULAR MEETING OF February 24, 1994 Receive & file. Requested by Community Services Director 6.5 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED APRIL 5, 1994 in the amount of Requested by City Manager 6.6 REJECTION OF CLAIMS: 6.6.1 FILED BY WILLIAM LYON COMPANY ON MARCH 8, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6.6.2 FILED BY KENT AND BENNIE SORRELLS ON MARCH 9, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6.7 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CURB CUTS FOR ACCESSIBILITY OF WHEELCHAIRS - During the 19.93-94 Los Angeles County CDBG (Community Development Block Grant) Program grant cycle, $82,980 in federal funds was approved and allocated towards the modification of handicap access ramps at certain locations on: Diamond Bar Boulevard, Golden Springs Drive and Fernhollow Drive. At this time, staff have not prepared bid specifications for the construction/modification of handicap access ramps at various locations in Diamond Bar. Recommended Action: Adopt Resolution No. 94 -XX approving the bid specifications for the Construction/Modification of Handicap Access Ramps at various locations in Diamond Bar and authorize the City Clerk to advertise the project for bids. Requested by City Engineer 6.8 NOTICE OF COMPLETION - COAST LANDSCAPE 60 FREEWAY TREE Planting City of Diamond Bar Wednesday: March 23, 1994 Meeting Agenda For Page: 3 PRIVATE April 5, 1994 6.8 NOTICE OF COMPLETION - COAST LANDSCAPE 60 FREEWAY TREE Recommended Action: Requested by Community Services Director 7. PUBLIC HEARINGS: 7.1 CONFIRMATION OF CONGESTION MANAGEMENT PLAN - Recommended Action: Requested by City Engineer 7.2 PROPERTY MAINTENANCE ORDINANCE - Recommended Action: Requested by Community Development Director 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 01 (1994) - Recommended Action: Requested by Community Development Director 8.2 AAPPOIN`MENTS TO MRF AND CULTURAL RESOURCES COMMITTEES - Requested _by}=:�r 8.3 �r_ _.1-16-r --�rn : A N "THE OU TRY" Sewers— Recommended eg Recommended Action: Requested by City Engineer 8.4 INFORMATION FROM FORMER CITY ATTORNEY Requested by MPT/Harmony' 9. NEW BUSINESS: 9.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND.BAR ADOPTING NON -DISPOSAL FACILITY ELEMENT - Recommended Action: Requested by City Manager City of Diamond Bar Wednesday: March 23, 1994 Meeting Agenda For Page: 4 PRIVATE April 5, 1994 9.2 PAVEMENT MARKINGS *- Recommended Recommended Action: -�.r rf i. t-` Requested by City Engineer 10. ANNOUNCEMENTS: 11. CLOSED SESSION: MAY CONVENE TO CONSIDER: MATTERS OF PENDING Litigation (G.C. 54956.9) 12. ADJOURNMENT: City of Diamond Bar Meeting Agenda For PRIVATE April 5, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER C '\,Fi Thursday: March 31, 1994 Page: 1 ROLL CALL: COUNCIL MEMBERS ANSARI, PAPEN, MILLER, Mayor Pro Tem Harmony, Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 PROCLAIMING APRIL 4 - 10, 1994 AS PUBLIC HEALTH WEEK IN celebration of "Healthy Environment, Healthy body, Healthy Mind: Public Health Now." ' 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - APRIL 11, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.2 GENERAL PLAN ADVISORY COMMITTEE - APRIL 12, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.3 TRAFFIC & TRANSPORTATION COMMISSION - APRIL 14, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4 5TH ANNIVERSARY CELEBRATION - APRIL 17, 1994 - 1:00 P.M. TO Dusk, Peterson Park, 24142 Sylvan Glen Dr. 5.5 CITY COUNCIL MEETING - APRIL 19, 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 FEBRUARY 15, 1994 - APPROVE AS SUBMITT Requested by: City Clerk 6.1.2 REGULAR MEETING OF MARCH 1, 1994 - APPROVE AS SUBMITTED Requested by: City Clerk 6.1.3 REGULAR MEETING OF MARCH 15, 1994 - APPROVE AS SUBMITTED Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES - REGULAR MEETING OF FEBRUARY 28, 1994 - Receive & file. Requested by: Community Development Director City of Diamond Bar Thursday: March 31, 1994 Meeting Agenda For Page: 2 PRIVATE April 5, 1994 6.2 PLANNING COMMISSION MINUTES - REGULAR MEETING OF FEBRUARY 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - REGULAR Meeting of February 10, 1994 - Receive & file. Requested by: City Engineer 6.4 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED APRIL 5, 1994 in the amount of $723,805.02. Requested by: City Manager 6.5 REJECTION OF CLAIMS: 6.5.1 FILED BY WILLIAM LYON COMPANY ON MARCH 8, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.5.2 FILED BY KENT AND BENNIE SORRELLS ON MARCH 9, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk _ 6.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION/MODIFICATION OF HANDICAP ACCESS RAMPS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - During the 1993-94 Los Angeles Urban County CDBG (Community Development Block Grant) Program grant cycle, $82,980 in federal funds was approved and allocated towards the modification of handicap access ramps at certain locations on: Diamond Bar Blvd., Golden Springs Dr. and Fernhollow Dr. Staff has prepared bid specifications for the construction/modification of handicap access ramps at various locations. Recommended Action: Adopt Resolution No. 94 -XX approving bid specifications for Construction/Modification of Handicap Access Ramps at various locations and authorize the City Clerk to advertise the project for bids. Requested by: City Engineer 6.7 ACCEPTANCE OF IRRIGATION SYSTEM AND TREES INSTALLED ALONG ROUTE 60 FREEWAY BY COAST LANDSCAPE CONSTRUCTION, INC. - The City Council, at their regular meeting of July 6, 1993 awarded the contract for the installation of the irrigation City of Diamond Bar Thursday: March 31, 1994 Meeting Agenda For Page: 3 PRIVATE April 5, 1994 6.7 ACCEPTANCE OF IRRIGATION SYSTEM AND TREES INSTALLED ALONG system and the planting of trees along Route 60 Freeway to Coast Landscape Construction, Inc., the lowest responsible bidder. The work has been completed and is prepared to be accepted by the City. Beginning May 1, 1994, the portion of this project that is located on the Route 60 Freeway right-of-way will be maintained by the State of California (CalTrans). Recommended Action: It is recommended that the City Council accept the work performed by Coast Landscape Construction, Inc. and authorize the City Clerk to file the proper Notice of Completion. Requested by: Community Services Director 6.8 AWARD OF BID FOR TRAFFIC SIGNAL INSTALLATION - SHADOW CANYON AND FOUNTAIN SPRINGS - On March 1, 1994, the City Council authorized staff to advertise for bids for the installation of traffic signals on Diamond Bar Blvd. at Fountain Springs and Shadow Canyon Dr. At this time, the City proposes to award a contract to the lowest responsible bidder, Macadee Electrical Construction. Recommended Action: It is recommended that the City Council award a contract to Macadee Electrical Construction in an amount not to exceed $121,747.25 and provide a contingency of $12,000. Requested by: City Engineer 6.9 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPOINTING MAYOR WERNER AND MPT HARMONY AS DELEGTES TO A WILDLIFE CORRIDOR CONSERVANCY STUDY GROUP - Recommended Action: Requested by: MPT/Harmony 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 - In compliance with the 1993 Congestion Management Program (CMP) for Los Angeles County, the City of Diamond Bar is required to adopt a resolution self -certifying our conformance with the CMP by May 1, 1994. This includes the jurisdiction documenting its participation in the countrywide deficiency plan, accomplished through annual submittal of a local implementation report. City of Diamond Bar Thursday: March 31, 1994 Meeting Agenda For Page: 4 PRIVATE April 5, 1994 7.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY OF DIAMOND Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony and adopt Resolution No. 94 -XX. Requested by: City Engineer 7.2 PROPERTY MAINTENANCE ORDINANCE - Recommended Action: It is recommended by the Planning Commission... Requested by: Community Development Director 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 01 (1994) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, ADDING A NEW. CHAPTER 15.38 TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE BUILDING AND PROERTY REHABILITATION CHAPTER 99 OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, 1988 EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, INCLUDING FEES AND PENALTIES - This item was held over from the City Council meeting of March 15, 1994. On February 15, 1994, the City Council conducted a public hearing to consder 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 September 2, 1994 unless repealed or extended. Recommended Action: Approve for 2nd reading by title only and adopt Ordianance No. 01 (1994). Requested by: Community Development Director PROPOSED SANITARY SEWER ASSESSMENT DISTRICT FOR THE COUNTRY SEWE S - It has been proposed to form a sanitary sewer assessment �f,#71tj Cow, 4* 7 district within "The Country." This status report is being presented to the City Council to update the progress to date ,,,Z,51,t%Xr.0, and alternatives that are available as the proposed District f is being finalized. A �r� Recommended Action: It is recommended that the City Council (.y authorize an expenditure of up to $10,000 for Klienfelder, Inc. to update their report dated April 13, 1992, direct p,& staff to proceed with the formal request to annex the proposed District into L.A. County Sanitation District #21, and to proceed with completion of the Engineer's Report at the appropriate time. 4y us -'k' City of Diamond Bar Thursday: March 31, 1994 Meeting Agenda For Page: 5 PRIVATE April 5, 1994 8.2 PROPOSED SANITARY SEWER ASSESSMENT DISTRICT FOR THE COUNTRY SEWE Requested by: City Engineer 8.3 SOUTH POINTE MASTER PLAN - REQUEST BY J.C. DABNEY & ASSOCIATES the South Pointe for further consideration and processing of Master Plan (::Requested J.C. I bney & Associates ,by: TEN ' 8.4 CLOSED SESSION AN IF LICABLE, RE NSIDERATION OF VESTING 47850 - Litigation, Government Code Section ATIVE TRACT MAP 54956.9, Diamond Bar Associates vs. City. Recommended Action: Adopt motion to reconsider. Requested by: City Council 8.5 UPDATE ON CITY'S 5TH ANNIVERSARY CELEBRATION.* Requested by: Community Services Director 8.6 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY Requested by: MPT/Harmony 9. NEW BUSINESS: 9.1 AWARD OF CONTRACT FOR PRODUCTION OF THE SUMMER COMMUNITY NEWSLETTER - The Summer Community Newsletter and Recreation Guide is scheduled to be distributed by June 1, 1994. Due to the short time limit, a Request for Proposal (RFP) was prepared and sent to five (5) firms who produce community newsletters. Three (3) proposals were received, reviewed and the firms interviewed. After review, staff recommends that the lowest responsive bidder be awarded the contract to prepare the summer community newsletter. Recommended Action: It is recommended that the City Council award the contract for the production of the summer newsletter to BSI Consultants, Inc. in an amount not to exceed $9,130.00 and authorize the City Manager to sign the Professional Services Agreement. Requested by City Manager 9.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING LEFT AND THROUGH LANES ON THE EASTBOUND AND WESTBOUND APPROACHES OF MOUNTAIN LAUREL WAY AT DIAMOND BAR BOULEVARD AND INSTALLING A 100 FEET OF RED CURB ON THE NORTH SIDE OF MOUNTAIN LAUREL WAY BETWEEN SILVER RAIN DRIVE AND DIAMOND BAR BOULEVARD - On February 10, 1994, the Traffic & Transportation Commission reviewed and recommended to approve a plan that creates left and through lanes on the eastbound and westbound approaches of Mountain Thursday: March 31, 1994 City of Diamond Bar Page: 6 Meeting Agenda For PRIVATE April 5, 1994 9.2 RESOLUTION NO. 94-XX: A RBSOLLUTIIN F THEoCITY COUNCIL OF THE Laurel Way at Diamond Bar red cub on thnorth side of Muntain install 100 ft. °ans to SilverrRain Dre and Diamond BaroBlvd. were Laurel Way between reviewed. Council Recommended Action: It is recommended tlefttandha Cthrough adopt Resolution No. 94-XX establishing left of Mountain lanes on eastbound and westbound app roaLaurel Way. Requested by City Engineer 9.3 DISCUSSION REGARDING AD HOC LIBRARY FUNDING COMMITTEE Requested by: C/Ansari 10. ANNOUNCEMENTS: 11. ADJOURNMENT: