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HomeMy WebLinkAbout05/03/1994March 10, 1994 Page 7 X. INFORMATIONAL ITEMS - None .XI. ADJOURNMENT seconded by VC/Istik and carried unanimously Moved by C /Gravdahl,at 8:05 p • �► to adjourn the meeting Respectively, s David G. Liu David G. Liu Secretary Attest: /S/ Tom Ortiz Tom Ortiz Chairman c:\wQGOUiud*.Y\tt-44\tt-mar10.94 I N T E R O F F I C E M E M O R A N D U M TO: Mayor Pro Tom Harmony and Council Member Ansari FROM: Linda G. Magnuson/,`Accountinq Manager SUBJECT: Voucher Register, May 3, 1994 DATE: April 26, 1994 Attached is the Voucher Register dated May 3, 1994. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated May 3 1994has Paymentseen are audited approved and is recommended for payment. allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION AMOUNT APPROVED BY: i da G. Ma on Accounting Manager Terrence L. Belanger City Manager , armony Mayor Pro Tem f Eileen R. Ansari Council Member $460,178.94 001 General Fund 3,304.77 112 Prop A Transit Fund 163.72 118 Air Quality Imp Fund 3,303.21 125 CDBG Fund 4,204.39 138 LLAD #38 -Fund 6,960.13 139 LLAD 139 Fund 108.93 141 LLAD #41 Fund 947.90 227 Traffic Mit Fee Fund 10,717.13 250 CIP Fund 154.50 510 self Insurance Fund $490,043.62 TOTAL ALL FUNDS APPROVED BY: i da G. Ma on Accounting Manager Terrence L. Belanger City Manager , armony Mayor Pro Tem f Eileen R. Ansari Council Member *#� Ci nk0i.TIME: 17:4404/26/94 VtQy UCoHf DiER RaEmGoInSd barTER XF THRU.............05/03/94 PAGE VOW NATE VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE _------------------------------- INIVOICE DESCRIPTION* # PREPAID # # ----------------------------------------------- AMOUNT DATE CHECK ARA Services ARAService #001-4010-2-325 *001-4030-2325 1 405038 1 40503B 04/26 05/03 1567711041 Mtg-Sheriff Brkfst 304.45 04/26 05/0.3 1567711041 Mtg-Four Corners 224.62 TOTAL DUE VENDOR --------y 529.07 ARA/Cary Refreshment Svcs ARA *001-4090-2130 *001-4090-2325 1 40503E 1 405038 04/26 05/03 325944 Equip Rent -May 31.00 04/26 05/03 226607 Meeting Supplies 118.70 TOTAL DUE VENDOR --------) 149.70 kcurate Landscape Accurate *138-4538-2210 *139-4539-2210 1 405038 1 40503B 04/26 05/03 32401 Maint-Supplies Dist #38 286.09 +F001-4319-2210 1 405038 04/26 05/03 32402 Maint Supplies -Dist #39 66.46 *001-4313-2210 1 445038 04/26 05/03 32404 Maint Supplies -Peterson 297,22 #001-4316-2210 1 40503B 04/26 05/03 32475 Trash Cans-Hrtge Prk 500,00 *001-4325-2210 1 405938 04/26 05/03 32475 Trash Cans -Maple Hill 3pp,00 #001-4328-2210 1 405038 04/26 05/03 32475 Trash Cans-Starshine 50.00 *138-4538-5500 1 4M3B 12/1577 04/26 05/03 04/26 05/03 32475 Trash Cans-&mitridge 55,00 ♦138-�-M 2 405038 04/26 05/03 32`2560 32560 April Maint-Dist #� 3,3,80 *134-4539-5500 1 405038 04/26 05/03 32561 Maint/Gopher Control -#38 350.00 *139-4539-5500 2 40503B 08/1576 04/26 05/03 32561 Gopher Control -#39 750, G0 *001-4311-5300 2 405038 26/1666 04/26 05/03 326;8 April April Maint-Dist #34 April Maint-Paul Grow 5,920,22 *401-4313-5300 *}101-431h-5300 ^ 405038 02/1666 .2 , 4050-8 04/1666 04 /26 05/03 32638 April Maint-Heritage 1,100.00 750,00 }001-4319-5300 2 40503E 01/1666 04/26 05/03 32638 April Maint-Maple Hill 900.00*001-4322-5300 2 40503B 03/1666 04/26 05/03 04/26 05/03 32638 32638 April Maint-Peterson 1,200.00 ,,A `001-4328-5300 2 405038 05/1666 04/26 05/03 32638 April Maint-Reagan Maint-Starshine 1,000.00 x)01-4331-5300 1 405038 07/1666 2 40503B 08/1666 04/26 05/03 326-38April April 500,00 1,500.00 04/26 05/03 32638 April Maint-SummitredCyn 1,00.00 TOTAL DUE VENDOR --------y 20,513.79 Ilternate Energy Engineer A1tEnergy 01-4440-6310 1 40503B 04/26 05/03 121427A Coop Supplies-MeterlOAmps 15.h9 TOTAL DUE VENDOR --------} 15.69 oerican Storage LTD AwStorag )01-4090-2140 2 405038 01/1771 04/26 05/03 May Rent _-, Units -92,112C 153.00 TOTAL DUE VENDOR --------) 153.00 wntrout, Phil Araentrout 101-4440-4040 POI -4440-4040 1 40503C 01/1773 2 405030 01/1773 04/26 05/03 EmerCooNSvcs-4/9-4/23 673.00 04/26 05/03 CDBG-EmerSvcs-4/9-4/23 336.00 TOTAL DUE VENDOR --------) 1,009.00 ioid* ACty f Dmond Bar UN TIME: 17:44 04J26/94 t? p U � H E R R E G I S T E R DUE THRU.............0/.3J4 5 n' 9 PAGE , VENDOR NAME VENDOR ID. -ACCOUNT ------- PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE n * PREPAID -----------------------------------------------------------------AMOUNT DATE CHECK ----------------------------------- Astro Jump 4001-4095-2353 Averback Company +510-4810-7200 AstroJump 8 40503E Averback 1 405038 B.Chamberlain Consulting BChamber *01-4090-6230 1 405038 Best, Best L Krieger BestKriegr *001-4020-4021 1 40503B Boys Club/San Gabriel Vly BoysClub *001-4555-5520 1 40503B CELSOC +001-4210-230 Adillac Blue x001-4095-2353 :antrell, Mayra ti01-3478 heng, Jennifer ?01-3478 CELSOC 1 40503B CadBlue 9 40503E 1120 11 40503A 1123 6 40503A 04/16 05/0-1, 04/126 05/0:: 04/26 05/0a 10211 04/26 05/03 04/26 05/03 64/26 05/03 04/26 05/03 04/26 05/03 10263 04/26 05/03 106,55 BaunceHouse-5thAnnvCeleb TOTAL PREPAID '!0WNT ---- } TOTAL DUE VENDOR --------} B1nketBondRenwl-FY 94-95 TOTAL DUE VENOM -------- Comp Equip -Gen Network TOTAL Dt1E VENDOR -------- Mar Legal Svcs -Prop Tar TOTAL DILE VENDOR -------- March Graffiti Removal TOTAL DUE VENDOR -------- Bal Due -Plug Publication TOTAL DUE VENDOR --------} Entertaimmnt-5thAnnvCeleb TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- Recreation Refund TOTAL RE VENDOR -------- Recreation Refund TOTAL DUE VENDOR -------- 175.00 05/03/94 !i0Ut702155 175.00 0.00 154.50 154.50 128.28 128.28 38.91 38.91 715.00 715.00 31.26 31.26 200.00 05/03/94 0000021527 20.00 0.0 40.0 40.00 20.00 20.00 +�* Cit AP TIME: 17:4404/26/94 VOy UCoHf DiER RaEmGoInSd TEBR ar DUE THRU.............05/0.3/94 ANDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/CUE INVOICE DESCRIPTION ------------------------------------------------- M *Pone, Rap1h 1125 W- 1-3474 1 40503A Ching, Martha 1129 -QYJ1-3478 7 405O3A Computerland of D. B. Cmptrland iQQI-4090-2205 1 40503C atton/Beland Assoc CotBelAsso WI -4210-4220 1 40503E W Engineering D&JEngine W11D)-5201 1 40503E B. Chamber of Commerce DBChamber *101-4010-2325 2 40" )ataquick Dataquick rOt11-42]0-2130 1 40503E ftamond Bar Business Asoc OB&mA%m WI -4090-2140 3 40503B ¢001-4090-2210 1 40503E s001-4090-2210 2 40503B Diana Cho & Associates DianaCho *125-4215-2355 1 40503B PAGE 3 + PREPAID AMOUNT DATE CHECK ----------------------------------- 04/26 05/03 7229 Recreation Refund 40.00 TOTAL DUE VENDOR --------) 40.00 04/26 05/0:3 10770 Recreation Refund 20,00 TOTAL DUE VENDOR --------) 20.00 04/26 05/03 CLO3038004 1.44 Floppy Drive-EmerPrp 310.42 TOTAL DUE VENDOR --------) 310.42 04/26 05/03 3402 Prof Svcs-GPAC 3/.8-:3/22 1,621.67 TOTAL DUE VENDOR --------) 1,621.67 04/26 05/03 945-004 P1anChk Svcs-Priortol0/93 135.00 TOTAL DUE VENDOR --------) 135.00 04/26 05/03 Instailtion Dinner-CCounc 160.00 05/03/94 0000021530 TOTAL PREPAID AMOUNT ----) 160.00 TOTAL DUE VENDOR --------) 0.00 04/26 05/03 March Usage Chrgs 35.00 TOTAL DUE VENDOR --------) 35.00 04/26 05/03 May Rent -Suite 190 5,707.80 04/26 05/03 May Comm AreaMaint-Ste1CK1 812.00 04/26 05/03 May Comm AreaMaint-Stel90 702.00 TOTAL DUE VENDOR --------) 7,221.80 04/26 05/03 CIC Audit Review Svcs -Feb 200.00 TOTAL DIS VENDOR --------) 200.00 *** Cind Bar *** RIAVTIhIE:17:4404/26/94 VtOy UCoHf DiamoER REGISTER DUE THRU.............05/03/94 PAGE 4 VENDOR NAME VENDOR ID. ACCOUNT-------PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE * * PREPAID -- DESCRIPTION ------------------------------- AMOUNT DATE ------------------------ _ CHECK Eastman Inc. Eastman *001-4040-1100 *001-4050-1100 2 405030 44/1791 1 40503C 04/26 05/03 0]21h29U1 S Supplies-CClk C%1 -4050-110t) 43/1791 2 405030 45/1191 0 2 3 4/76 0510.: 01'162921 Supplies -Fin *001-4050-1100 � 40`10.'.0 46/1191 C1/mob 05/03 04/26 05/03 011162921 Supplies -Fin 01_!62921 #001-`�-1200 *001-42]0-110G 5 40503C 42/1791 04/26 05/03 Supplies -Fin 012162927 Supplies -Gen Govt #001-4310-1100 1 405030 41/1791 1 405030 4 0/1791 04/26 05/03 012162934 Supplies -Ping *001-4090-1,00 4 4V -03C 39/1791 04/26 05/03 05/03 012162936 supplies -Pok. & Rec #001 -W,0 -j,^,0004/26 "1-4090-]200 3 405030 38/1791 04/26 05/03 012163518 Supplies -Gen Govt 012172519 supPlies-Gen Govt #125-4215-1200 2 405030 36/1791 1 40503C 34/1791 04/26 05/03 012188506 Supplies -Cr Meat -Gen Govt -401-4040-1100 1 405030 35/1791 04/26 05/03 012193139 PPIies-CDBG *001-4090-1200 1 405030 33/1791 04/26 05/03 012193152 #00I-4510-1100 1 40503C 37/11791 04/26 05/03 04/26 05/03 012193161 Supplies -Gen 012195465 Supplies-Engr/FubWks TOTAL DUE VENDOR --------} Entenmann-Rovin Co. Entenmann #001-4010-1200 1 40503F 04/26 05/03 138277 Badges/Cases-CCouncil TOTAL DUE VENDOR --------} Escarcega, Isela 1131 *001-3478 9 40503A 04/26 05/03 10694 Recreation Refund TOTAL DUE VENDOR --------} sparza, Maria 113.5 H)01-3478 2 40503A 04/26 05/03 10723 Recreation Refund TOTAL DUE VENDOR --------} :sposito, Lou EspositaL 001-4553-4100 2 40503E 04/26 05/03 T&T Comm Mtg 4/14 TOTAL DUE VENDOR --------} W Federal Credit Union F&ACreditU k01-2110-1012 1 40503F 04/26 05/03 Payroll Deductions-PP8 TOTAL PREPAID AMOUNT ----} TOTAL DUE VENDOR --------} decal Express Corp, FedEtpress 01-4090-2120 5-42ff 2120 1 405030 1 �`'0 04/26 05/03 520280707 Express Mail Svcs -Gen 04/26 05/03 520280707 Express Mail Svcs-CDBG TOTAL DUE VENDOR --------} 2.52 49.40 49.40- 49,44 270.00 43.40 9.66 44.90 294.02 208.66- 109.34 26.89 22.08 155.50 819.09 349.11 349.11 20.00 20.00 91.00 91.00 40.00 40.00 2,010.00 05/03/94 0000021529 2,010.00 0.00 13.00 9.00 22.00 �tf C ity of Dia�uond gar ##� PAGE 5 *;TIME:17:4404/26JQ4 VOUCHER REGISTER DLL THRU.............005/03194 PREPAID # „1DOR NAME VENDOR ID. iiCCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENT --/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK - --------------------- Tral Reserve Bank FedReserve 04/26 05/03 Sv Bond Deduct-PP7/8 9 100.00 1-2110-1009 2 405030 TOTAL DUE VENDOR --------) 100.()U � rst Interstate Bank FirstInter 04/26 05/03 Fuel-CMgr 23.15 *A.01-4030-2310 2 40503F 3 40503E 04/26 05/03 Fuel-CMgr 23.28 *001-4030-2310 �+t4w01-40'0-2310 4 4050: 04/26 05103 Fuel-CMgr 21.75 21.70 tot -4030-2310 5 40503E 04/26 05/03 Mt Ct Att 415 g r y Mtg-CMgr/I%D-3/21 64.25 *001-4030-2325 4050 04/26 05/03 04/26 05/03 Mtg-CMgr/CtyBrea-3/22 � , q;3 WI -4030-2325 3 40503E 4 40503E 04/26 05/03 Mtg-CMgr/LACO/CAO 3/24 32.83 atl1T1-400-2325 TOTAL DUE VENDOR --------) 215.89 'rst Interstate Bank Firstlnter 04/26 05/03 Mtg Harsny/Ansari-3/8 12.91 4001-4010-2325 3 40503F TOTAL DUE VENDOR --------) 12.91 r='J menbaus, Bruce Flasenbaus 04/26 05/03 Ping Coro Mtgs 3/14,28 120.00 01-4210-4100 ,401-4210-4100 1 40503E TOTAL DUE VENDOR --------> 120. 00 �1let Refinishing F1eetRefin 04/26 05/03 12934 Painting of EOC Trailer 1,827.13 +1-4440-6100 1 40503C TOTAL DUE VENDOR --------> 1,827.13 7wog, Franklin FongF 5 40503E 04/26 05/0? Ping cmMtgs 3/14,28 120.00 <�41-4210-4100 TOTAL DUE VENDOR --------> 120.00 F:rwxhise Tax Board FranchiseT 04/26 05103 WithholdOrder-351364088 163.44 *01-2110-1009 1 405030 TOTAL DUE VENDOR --------) 163.44 z1v G Trophy Co. Wrophy 1 405030 06/1654 04/26 05/03 Trophies -Youth Sports 105.06 ' 01-4350-1200 TOTAL DUE VENDOR --------> 105.06 Ci+y 0f Diamond Bar 'UN TIME: 17:44 04/26/94 V O U C H E R R E G I S T E R PAGE 6 DUE THRU.............05/03/94 ENDOR NAME VENDOR ID. * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NC. ----------------------------=------------------------------------------------------------------------------------------------------ ENTRY/DUE. INVOICE DESCRIPTION AMOLNT DATE CHECK TE California GTE 001-4090-2125 1 40503C 04/26 05/03 Phne Svcs -Bldg & Safety 183.05 TOTAL OLE VENDOR --------! 183.05 TE California GTE 001-4313-2125 1 40503C 04/26 05/03 Phne Svcs-Hrtge Prk 62.48 TOTAL DUE VENDOR ----- 7--) 62.48 TE California GTE ?01-4313-2125 2 405030 04/26 05/03 Phne Svcs-Hrtge Prk 53.07 TOTAL DUE VENDOR --------) 53.07 TE California GTE 118-4098-2125 1 40503C 04/26 05/03 Phne Svcs-CityOnLine 163.72 TOTAL DUE VENDOR --------) 163.72 TE California GTE ))1-4331-2125 1 40503C 04/26 05/03 Phne Svcs-Syc Cyn Prk 53.06 TOTAL DUE VENDOR --------) 53.06 -affiti Control Systems GrafitiCon ?01-4555-5520 3 40503C 01/1781 04/26 05/03 db0394 March Graffiti Removal 1,563.00 TOTAL DUE VENDOR --------) 1,563.00 •ies, Geraldine 44 )01-3472 4 40503A 04/26 05/03 Recreaton Refund 30.00 TOTAL DUE VENDOR --------) 30.00 inderliter De Llamas Hinderlitr )01-4090-4010 1 40503C 04/26 05/03 Prof Svcs -1st Qtr 1994 90.00 TOTAL DUE VENDOR --------) 90.0 )me Depot HowDepot 101-4440-1200 1 40503C 05/1795 04/26 05/03 Trailer Supplies -Em rPrp 46.92 )01-4440-1200 2 405030 06/1795 04/26 05/03 Trailer Supplies-EmerPrp 45.32 TOTAL DUE VENDOR --------) 92.24 +ff City of Diamond Bar �*f Mi TIME: 17:44 04/26/94 VOUCHER REGISTER DUE THRU.............05/!?3/94 PAGE 7 * * PREPAID LOOM NAME VENDOR ID, AMww DATE CHECK PROJ.TX-NO BATCH PO.LINE/N0. ENTR9/DUE INVOICE DESCRIPTION -------------------- 4CC----------- -- , Lydia 113056.00 8 405033 04%26 05/03 18743 Recreation Refund t I.3478 TOTAL DUE VENDOR --------} 56.00 IIIA Retireeent Trust -457 ICMA 04/26 05/03 May -Payroll Contrib 300-00 400.001 +1-2110-1007 1-4030-0080 1 40503D 405031) 04/26 05/03 May-CMgr Contract Contrite May-CMgr Cafe Contrib 1,018.77 #0(q-4030-(YM1 40503D 04/26 05/03 04/2b 05/03 May-CCIk Cafe Contrib 433.09 161.34 W1-4040-0090 1 40543 1) 04/26 05/03 May -Fin Cafe Contrib 534.74 +�01-4050-0090 1 40503D 04126 05103 May -Ping Cafe Contrib 283.57 "01-4210-0090 1 405031) 04/26 05/03 May -P&M Cafe Contrib 230,00 �aa;11-4316-0090 1 3d 04/26 65/03 May -Coe Svc Cafe Contrite 1,459.66 1-4350-0090 1 405031) 04126 05/03 En Ma r Cafe Contrib Y' 9 *C01-4510-0090 1 0503D 4,821.17 TOTAL DUE VENOM -"'-----} jpaav IV Systems Inc. Image4Sys 1-4090-2100 1 405031) I-4090-2200 2 40503D Igpessive Screenaork:s Impressive asa3?-4350-1200 2 40503D 02/1726 el►af National Steel InNatSteel 2 40503D 01/1819 aKv,1-4555-5502 na;and Valley Dl.y Bullein IVOB pWI-4040-2115 K01-4040-2115 2 405030 It ik, Jack: 1stikJ 3 40503F 04/26 05103 04/26 05/03 14334 04/26 05/03 04/26 05/03 6223 04/26 05/03 dc83358 04/26 05/03 dc83827 04/26 05/03 j 4 jigns JHSigns a ,4«;,1.-4095_2353 1 40`_:0'.1) 04/2b 05/43 4:413 March -Konica Copy Charges March -Konica Copier Maint TOTAL DUE VENDOR --------> Screenwork Svcs-Recreatn TOTAL DUE VENDOR -------- Rd Maint-CatchBasins TOTAL. DUE VENDOR --------} Pub Hrg-Bids-HandicpAcces Pub Hrg-VTT Map 51407 TOTAL DUE VENOM --------) T&T Coo Mtg 4/14 TOTAL ME VENDOR -------- Banners-CtyCelebration TOTAL DUE VENDOR -------- 9.30 108.00 117.30 246.21 246.21 1,461.00 1,461.00 45.00 97.50 142.50 40.00 40.00 779.40 779.40 +�* Citof Diamon��� RUN TIME: 17:44 04/26/94 V O y U C H E R R E G I S d T E Far R PAGE 8 DUE THRU.............05/03/94 VENDOR WE VENDOR ID. * � PREPAID 4 � ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK --------------------------------------------------------------------------------------------------- Jade Mountain JadeMount 4001-4440-1200 4 405OX 01/1825 04/26 05/03 4755 DualBatteryCharger-EDC $7.50 TOTAL DUE VENDOR --------) 37.50 John Alden G.T. JohnAlden 4001-4010-0090 1 40503D 04/26 05/03 MayCafeMillrRetroPymt1/94 542.00 TOTAL DIS VENDOR --------) 542.00 Jordan, Joey 1123 4001-3478 14 40503A 04/26 05/03 10108 Recreation Refund 31.00 TOTAL DIN= VENDOR --------) .31.00 Jordan, Sharon 45 *001-3472 1 4050'33A 04/26 05/03 Recreation Refund 15.00 TOTAL DIN: VENDOR --------) 15.00 Judicial Data Systems JudData5ys *001-4411-540.5 1 405031) 04/26 05/03 March Prkg Citations 210.60 TOTAL DUE VENDOR --------) 210.60 K & V Blueprint Service K&VBluePrt *001-4210-2100 1 40503D 04/26 05/03 11804 Maint-BluPrtMach-Pings 121.24 *001-4510-1200 1 40503D 04/26 05/03 11804 Maint-B1uPrtMach-PubWks 121.24 X001-4090-2200 1 40503B 04/26 05/03 438841 April Xerox Mach Maint 285.00 TOTAL DUE VENDOR --------> 527.48 amath, Bernadette 1066 x001-3478 18 40503A 04/26 05/03 10238 Recreation Refund 40.00 TOTAL M VENDOR --------) 40.00 Cavanaugh, Jody 1122 Keil -3473 13 40503A 04/26 05/03 10068 Recreation Refund 40.00 TOTAL OLE VENDOR --------) 40.00 -.A. County -Sheriff's Dep LACSheriff 4+)1-4411-5401 1 40503D 04/26 05/03 22152 March Contract Svcs 305,326.94 TOTAL DUE VENDOR --------) 305,326.94 f�f Cit*�* AW TIME: 17:44 04/26/94 V O y UCof Diamond Bar H E R R E G I S T E R PAGE 9 DUE THRU.............05/03/94 WWOR NAME VENDOR ID. xnUVT PROJ.TX-NO BATCH PO.LINE/ND. ENTRY/DUE INVOICE DESCRIPTION ¢ { PREPAID ______________________ AMOUNT DATE CHECK. ---------------------------------------------------------------- L.A. County -Sheriff's Dep LACSheriff *MI -4414-5401 1 40503D 04/26 05/03 22108 SpecEvnt-CalvChap3/27-30 1,196.47 TOTAL DUE VcNDOR --------) 1,198.47 i..A.County Public Works LACPubWk 4112-4-5529 001-4555-5503 1 40503D L 40503D 04/26 05/03 59400002430 Oct -Dec Paratranst Svcs 3,304.77 001-4555-5503 2 40503D 04/26 05/03 94000008981 Curb/Gutter Maint-FY93-94 322.58 #41-4555-5503 3 40503D 04/26 05/03 94000008962 Prkway Maint-FY93-94 1,999.35 *41-4555-5503 4 40503D 04/26 05/03 94000009777 Prkway Maint-FY93-94 4,474.10 X1-4555-5507 1 40503D 04/26 05/03 94000009778 Sidewalk Maint-FY93-94 412.38 04/26 05/03 94010000380 March Traffic Signl Maint 1,223.27 TOTAL DUE VENDOR --------) 11,736.45 LJ%cque Better Roofs LaRocque OMI -3450 1 405030 04/26 05/03 Refund-Overpymnt Permit 5.00 TOTAL DUE VENDOR --------) 5.00 L.Atham, Tricia 1126 1-3478 16 40503A 04/26 05/03 10266 Recreation Refund 58,00 TOTAL DUE VENDOR --------) 58.00 -#ague of Ca. Cities League 01-4010-2325 4 40503E 04/26 05/03 Mtg 5/5-Wrnr,Ansri,Hrmy 60.Q0 TOTAL DUE VENDOR --------) 60.00 -eighton and Associates Leighton �Mt-2300-1012 1 40503D 04/26 05/03 82065 Geotech Svcs-EN94-046 993.70 TOTAL DUE VENDOR --------) 993.70 ewis Engraving Inc. LewisEWa DM -4095-2110 1 405030 04/26 05/03 015491 Tile Engrav-194 Cook 21,27 TOTAL DUE VENDOR --------> 21.27 m^enz, Mark 1137 .41-3478 4 4050A 04/26 05/03 10712 Recreation Refund 40,00 TOTAL DUE VENDOR --------) 40.00 PMS MPress 101-4440-2110 2 40503D 01/1836 04/26 05/03 11764 PrtgSvcs-EmerPrep/Erthgke 2,159.31 TOTAL E(E VENDOR --------) 2,159.31 Citof �*� RUN TIME: 17:44 04/26/94 V O y U C H E R Diamond Bar R E G I S T E R PAGE 10 DUE THRU.............05/03/94 VENDOR NAME VENDOR ID. 4 * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ---------------------------------------------------------------------- Meyer, David My rD x+)01-4210-41(=) 2 40503E 04/26 05/03 Ping Comm Mtgs 3/14,28 120.00 TOTAL DUE VENDOR --------) 120.00 liniskey, Dorothy 1067 FOOI-3478 17 40503A 04/26 05/03 10380 Recreation Refund 22,50 TOTAL DUE VENDOR --------) 22.50 linute Man Press MinuteMan •001-43350-2110 2 40503D 01/1828 04126 05/03 9026 Flyers-5thAnnvCeleb 227.33 TOTAL DUE VENDOR --------) 227.33 itchell Pest Control Inc MitchellPe 001-4555-5509 1 40503D 04/26 05/03 00014941 Prof Svcs -Tree Inspection 70.00 TOTAL DUE VENDOR --------1 70.00 3bil Mobil ?01-4310-2310 5 40503D 04/26 05/03 k0196232 Fuel-Prk & Rec 31.60 )01-4310-2310 4 40503D 04/26 05/03 kO892150 Fuel-Prk & Rec 18,50 u)1-4210-2'310 1 405030 04/26 05/03 kO892614 Fuel -Ping 21.84 x31-4090-2310 2 40503D 04/26 05/03 k2994622 Fuel -Gen Govt 16.00 301-4310-2310 2 40503D 04/26 05/03 k2994961 Fuel-Prk & Rec 19,54 )01-4310-2310 1 40503D 04/26 05/03 k2994972 Fuel-Prk & Rec 24.02 KF1-4210-2310 2 40503D 04/26 05/03 k2995285 Fuel -Ping 20,20 101-4090-2310 l 40503D 04/26 05/03 k2995451 Fuel -Gen Govt 12.00 POI -4310-2310 6 40503D 04/26 05103 k299%24 Fuel-Prk & Rec 34.30 01-4310-2310 3 40503D 04/26 05/03 k2995694 Fuel-Prk & Rec 32,89 TOTAL ICE VENDOR --------) 230.85 bil Mobil 01-4310-2200 2 40503D 01/1839 04/26 05/03 K W-. 5064 Tires-P&M Truck 429.65 TOTAL DUE VENDOR --------> 429.65 5ile Traffic Zone MobTrfZone )1-4411-2200 2 40503D 01/1830 04/26 05/03 1434 RadarEgUpMaint-Sheriffs 32.49 TOTAL DUE VENDOR --------} 32.49 Vn, Mike 1124 )1-3474 2 40503A 04/26 05/0:3 9834 Recreation Refund 40.00 TOTAL DUE VENDOR --------) 40.00 *** City of Diamond Bar *** AMi-TIME: 17:4404/26!94 V 0 U C H E R REGISTER DUE Th"J.............05/03/94 PAGE 11 VENDOR NAME VENDOR ID. * * PREPAID * * ACCOUNT PROJ.TX-ND BATCH PO.LINE/ND. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK -------------------------------------------------------------------------------------- Myers, Elizabeth *001-4040-4000 *001-4210-4000 *001-4210-4000 *001-4210-4000 *041-4210-4000 *001-4210-4220 *041-4210-4220 *001-4553-4000 MyersE 1 40503D 14/1787 1 40503D 10/1787 2 40503D 13/1787 3 40503D 16/1787 4 40503D 17/1787 2 405030 12/1787 3 405030 15/1787 1 40503D 11/1787 National Sanitary Supply Nat5anitar *001-4313-2210 3 40503D 02/1817 *001-4313-2210 2 W503D 01/1817 Nelson, Trent *001-4095-2353 Northland Rental *001-4095-2353 NelsonT 7 40503F NorthRent 6 40503E )CB Reprographics OCBReprogr f250-4310-6415 06594 1 405030 29/1637 Ortiz, Too W01-4553-4100 Payroll Transfer *001-1020 OrtizTon 140503E PayrollTr 1 40503A 04/26 05/03 94dbO8 04/26 05/03 94dbO8 04/26 05/03 94008 04/26 05/03 94dbO8 04/26 05/03 94dbO8 04/26 05/03 94dbO8 04/26 05/03 94db08 04/26 05/03 94dbO8 04/26 05/03 9729313 04/26 05/03 9732774 MntSec-CCouncl Mtg 4/5 460.00 MntSecADR 3/28,29&4/5 69.00 MntSec-Ping C.;mm 4/11 391.00 MntSec-Ping Como 3/28 161.00 MntSec-SEATAC Mtg 4/15 184.00 MntSec-GPAC 4/12 161.00 MntSec-GPAC Mtg 3/22 345.00 SecrtrySvcs-Trf&Trns 23.00 TOTAL DUE VENDOR --------1 1,794.00 Janitoral Suppl-HrtgPrk danitoral Suppl-HrtgPrk TOTAL DUE VENDOR -------- 04/26 05/03 Sound Equip-5thAnnvCeleb TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR -------- 04/26 05/03 04/26 05/03 787663 04/26 05/03 Equip Rent-5thAnnvCeleb TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR --------) Pantera Prk-Graphic Svcs] TOTAL 141E VENDOR -------- T&T Como Mtg 4/14 TOTAL DUE VENDOR -------- 187.43 25.66 213.09 414.00 05/03/94 0000021524 414.00 0.00 100.09 05/03/94 0000021528 100.09 0.00 29.63 29.63 40.00 40.00 04/26 05/03 Payroll Transfer PP#8 56,700.00 05/03/94 0000000008 TOTAL PREPAID AMOUNT ----) 56,700.00 TOTAL DUE VENDOR --------) 0.00 f*� Citof Di�� RUN TIME: 174404/26/94 VOy U C H E R RaEmGoInSd TEBa t R PAGE 12 DUE THRU.............05/03/94 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK --------------------------------------------------------------------- Pearse, Leona 42 *001-:3472 3 4003A Pitney Bowes Credit Corp. PBCC *001-4090-2130 3 40503E *001-4090-2130 2 40503E Plunk, Lydia E. P1unkL +001-4210-4100 3 4050.3E Pomona Judicial District Po"dDist OG1-3223 1 40503E Preferred Detailing Pref Detail *001-4310-2200 3 40503E 'remiere Leasing Co. PremiereLe X001-4350-2140 2 40503E 01/1722 'ublic Empl Retirement PERS -001-2110-11108 1 40503E 001-2110-1008 2 40503E JM Design RJMDesign 250-4310-6415 06594 2 40503E 01/1628 escue Industries Rescueind X)1-2100-1012 2 40503E 04/26 05/03 Recreation Refund 15.00 TOTAL DUE VENDdR--------) 15.00 04/2b 05/03 1444744MR`;`4 RentFlder/Stuffr4/10-5/10 199.18 04/26 05/03 1444744mr94 PostMachRent-4/10-7/10 335.58 TOTAL DUE VENDOR --------) 5.34.76 04.126 05/0:3 Ping Comm Mtgs :3/14,28 120.00 TOTAL DUE VENDOR --------) 120.00 04/26 05/03 Mar-Prk:g Violations 455,00 TOTAL DUE VENDOR --------) 455.00 04/26 05/03 9804 Detail 5vcs-City Truck 30,(X) TOTAL OLE VENDOR --------) 30.00 04/26 05/03 2179 Lease-PrtbleBldg-Syc-May 389.70 TOTAL DUE VENDOR --------> 389.70 04/26 05/03 PPS Retire Contrib-ER 3,492.84 04/26 05/03 PP8 Retire Contrib-EE 3,858.56 TOTAL 14JE VENDOR --------) 7,:351.40 04/26 05/03 101337 ProfSvcs-Pantera Prk 10,687.50 TOTAL DUE VENDOR --------> 10,687.50 04/26 05/03 Refund-SdwlkDep-EN94-041 200.00 TOTAL DUE VENDOR --------) 200.00 *** Citof Diar *** RW TIME. y mond Ba 17'144 04/26/94 V O U C H E R R E G I S T E R PAGE 13 DUE TFRU.............05/03/94 NAME VENDOR ID. * *PREPAID ACCOUNT PROJ.TX-ND BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTIONANUT DATE CHECK tT------------------------------------------------------------------------------------------------------------------------------- Alert Driver Ins Co. RobDrive 1.001-4810-7200 1 40503E 04/26 05/03 Addl Volunteer Ins Progrm 263.00 1.001-4810-7200 2 40503E 04/26 05/03 Volunteer Ins Premium 300.00 TOTAL DUE VENDOR ------ 563.00 kibert Driver Ins Co. RobDrive .*1-2300-1004 1 40503E 04/26 05/03 Spec Event Ins -April 115.00 !001-4090-2395 1 40503E 04/26 05/03 Ins Expense-SpecEventAprl 15.00 TOTAL DUE VENDOR --------) 130.00 wKranzer&Assoc C.E. Inc RKA 001-4555-5227 1 40503E 04/26 05/03 2293 April Engr Inspections 1,582.50 TOTAL DUE VENDOR --------) 1,582.50 titan & Tucker RutanTuckr ]01-4020-4021 2 40503E 04/26 05/03 Mar Legal Svcs -DBA vs Cty 13,559.62 TOTAL DUE VENDOR --------) 13,559.62 tel. Bob SabolB )01-2300-1002 1 40503E 04/26 05/03 Refund Dep-HrtgPrkConCtr 200.00 TOTAL DUE VENDOR --------) 200.00 In Gabriel Vly Tribune SGVTribune 101-4040-2115 4 40503E 04/26 05/03 sgvt34521 Sealed Bids-HandcpAccess 60.16 41-4040-2115 3 40503F 04/26 05/03 sgvt5101 Pub Hrg-SthPteMstrPlan 117.76 TOTAL DUE VENDOR --------} 177.92 had, Don SchadD 01-4210-4100 . 4 40503E 04/26 05/03 Ping Cary Mtgs 3/14,28 120.00 TOTAL -DUE VENDOR --------) 120.00 Kke, Warren C. Sieckew ?1-4553-5222 2 40503E 04/26 05/(Y3 3175-S CrssWalk Analysis-Prof5vc 389.00 )1-4553-5222 1 40503E 04/26 05/03 3176-13 Cty Wide Speed Zone Survy 305.00 TOTAL DUE VENDOR --------} 694.00 ` Speedy SirSpeedy 41-4350-2110 3 40503F 13/1766 04/26 05/03 15449 BusCards-CSCoord-P&RComm 81.93 11-4553-2110 1 40503F 14/1766 04/26 05/03 15607 BusCards-T&T Commsnrs 82.18 11-4090-2110 1 40503F 15/1766 04/26 05/03 15645 City Letterhead 74.63 TOTAL DUE VENDOR --------> 238.74 RUNTIME: 17:4404/26/94 +++ City c Diae0nd Bar +++ VOUCHER REGISTER OLE THRU.............05/03/94 PAGE 14 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-N0 BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION+ + PREPAID + + --------------------------------------------------------- AMOUNT DATE CHECK Southern Ca. Edison WaEdison +001-4311-2126 x001-4316-2126 1 40503F 1 40503E 04/26 05/03 Elect Svcs -Paul Grow Prk ^g,. _ 55 +001-4319-2126 1 40503E - 04/26 09/03 Elect Svcs -Maple Hill Prk 219,'4 +001-4328-2126 1 40503E ��,,,� ,_6 05/03 Elect Svcs -Peterson Prk 90,76 +001-4331-2126 1 40503E 04/26 05/03 Elect Svcs-Suafotrdge 280,25 04/26 05/03 Elect Svcs -Sycamore Cyn 275.56 TOTAL DUE VENDOR --------) 895.46 Southern Ca. Edison SoCaEdison +141-4541-2126 1 40503F 04/26 05/03 Elect Svcs -Dist #41 109,9; TOTAL DUE VENDOR --------! 108.93 Southern Ca. Edison SoCaEdison F138-4538-2126 140503F 04/26 05/03 Elect Svcs -Dist #38 179,50 TOTAL DUE VENDOR --------> 179.50 southern Ca. Edison SoCaEdison 139-4539-2126 1 40503F 04/26 0.5/03 Elect Svcs -Dist N39 223.45 TOTAL DUE VENDOR --------> 223.45 outhern Ca. Edison SoCaEdison ?01-4555-2126 1 40503F 04/26 05/03 Trffc Control Svcs 3,092.01 TOTAL OLE VENDOR --------) 3,092.01 iuthern California SCPC )01-4210-2315 1 4050:3E 04/26 05/03 94-95 MembrCves-Destefano 50.00 TOTAL DUE VENDOR --------> 50.00 ectacular Affairs Spectacula 25-4215-1200 3 40503E 01/1812 04/26 05/03 4067 Suppl-Linens-Eastrt_unchen 53.31 TOTAL DUE VENDOR --------! 53.31 art Pins SportPins '1-4495-2353 5 40503E 01/1816 04%26 05/03 00020619 5th Annv Pins 958.98 TOTAL DUE VENDOR --------) 958.98 ick, Donald 1138 )1-3478 5 40503A 04/26 05/03 10132 Recreation Refund 40,00 TOTAL DUE VENDOR --------> 40.00 * * * City of Diamond Bar *** RtIN TIPS: 17:44 04/26/94 V 0 U C H E R R E G I S T E R PAGE 15 DUE THRU.............05/03/94 VEW NAME VENDOR ID. * * PREPAID * ACCOUNT PROJ.TX-NO BATCH PO.LIUEMO. ENTRY/DLE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Standard Insurance of Ore StandardIn *001-2110-1005 1 40503E 04/26 05/03 May Life Ins Prems 362.50 TOTAL DUE VENDOR --------) 362.50 Standard Insurance of Ore StandardIn *001-2110-1005 2 40503E 04/26 05/03 May Suppl Life Ins Prems 18.00 TOTAL DLE VENDOR --------) 18.00 State Compensation Ins Fd StateComp *001-2110-1011 1 40503E 04/26 05/03 WkCompinsPrem-1/1-3/31/94 2,724.35 *001-2110-1011 2 40503E 04/26 05/03 WkCompinsPrem-1/1-3/31/94 2,861.53 TOTAL DUE VENDOR --------> 5,585.88 State of California EDD *001-4090-0080 1 445030 04/26 05/03 Unemplymnt Ins -April 30.84 TOTAL DUE VENDOR --------) 30.84 Time Out Personnel Svc. TimeOut *001-4040-4000 2 40503E 04/26 05/03 931179 Temp Svcs -Receptionist 109.76 TOTAL DUE VENDOR --------) 109.76 U.S. Toys 6 Construction USToys *001-4095-2353 3 40503D 01/1822 04/26 05/03 388167 Supplies-5thAnnvCeleb 82.37 TOTAL DUE VEIDOR--------} 82.37 S Sprint USSprint 001-4510-2125 1 40503E 04/26 05/03 Engr Long Dist Phne Svcs 39.75 TOTAL DUE VENDOR -------- } 39.75 Unocal Unocal *001-4030-2310 1 40503E 04/26 05/03 513766 Fuel-CMgr 23.12 TOTAL DUE VENDOR --------} 23.12 alalia, Rajnit 1127 6001-3478 15 40503A 04/26 05/03 10795 Recreation Refund 33.00 TOTAL DUE VENDOR --------> 33.00 JN TIME: 17:44 04/26/94 City oV O U C H E R R E G I S T E R PAGE 16 DUE THRU.............05/03/94 _NOOK NAME VENDOR ID. # PREPAID ¢ ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO- ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ---------------------------------------------------------------------------------- aln.;t Fire Protection Co WalnutFire t.i'1- 44a'-12. 0 o,s 6 4'S03F 01/1,,::. /�_ �..,iy'� Oa "6 5/0, FireEftgshrAnnual3,•c 204.47 TOTAL DUE VENDOR --------) 204.47 !alnut Vly Water Dist WVWater-Dis 2227-4510-64122 06104 1 40503F 04/26 05/03 ReclaimWaterSvcs-G15prgs 947.90 TOTAL DUE VENOM --------> 947.90 lalsh, Mary Jo -001-3472 43 2 40503A 04/26 05/03 Recreation Refund 30.00 TOTAL DUE VENDOR --------> 30.00 Natanabe, Janet 1001-3478 1132 10 40503A 04/26 05/03 10747 Recreation Refund 45.00 TOTAL DUE VENDOR --------> 45.00 Test Publishing Co. *001-4090-2320 WestPub 1 40503F 04/26 05/03 CA Legal Svcs-Publicatns 115.00 TOTAL DUE VENDOR --------> 115.00 Workman, Lindy *001-3476 41 1 40503A 04/26 05/03 Recreation Refund 67.50 TOTAL DUE VENDOR --------) 67.50 Wold Title Co ^x:01-4210-4000 WorldTitle 5 40503E 04/26 '.5/03 TitieRprt-PrspectAcquistn 700.00 +�.g1i-4551-5221 1 40503E 04/26 05/03 TitieRprt-Prspectkquistn 745.00 TOTAL DUE VENDOR --------> 1,445.00 Wright, Paul +001-4090-4000 WrightP 1 40503F 04/26 05/0? Audio/VisualSvc5-CC4 19 210.00 TOTAL DUE VENDOR --------) 210.00 Wyndam Palm Springs 'x001-4010-2'330 Wyndham 1 40503F 04/26 05/03 CCCA Cnnf 5/19-22 Ar,sari 39^0.88 TOTAL DUE ;'ENDOR--------? 3'�8•°�' C i t y o f D i anon d Bar *�+� PAGE 17 it1iE'TIf4::17:4404/26/94 VOUCHER REGISTER DUE T}ftU.............05/03/94 } PREPAID t ¢ VENDOR NAME ACCOL T PROJ.TX-NO --------------------------------------------------------- VENDOR ID. BATCH PO.LINEIrO. ENTRY/DUE INVOICE DESCRIPTION --------------------------- ANDIN�IT DATE CHECK -------------------- YMCA +125-4215-2355 YMCA 3 4050.# 04/26 05/03 Reio� March Childcare Prg 1,769.00 TOTAL DUE 'MM --------) 1,769.00 YWCA .125-4215-2355 YWCA ' 40503F 04/26 05/03 Reinb-TewPgrn-Feb/March 1,162.56 TOTAL DUE VENDOR-------- ) 1,162.56 Yen, Gina X001-3478 1136 3 40503A 04/26 05/03 10236 Recreation Refund 51.00 TOTAL DUE VENDOR--------> 51.00 Tosenite Waters tWI-4310-2130 Yates 2 40503F 01/1620 04/26 05/03 Mar550270 EquipRent-WaterDisp-Mar 12.00 TOTAL DIN= VENDOR -------- ) 12.00 )rug May 1121 12 40503A 04/26 05/03 10662 Recreation Refund 40.00.K101-3478 TOTAL DUE VENDOR-------- ) 40.00 Zollerbach �tJ1-4050-1200 Zellerbach 2 40503E 02/1835 04/26 05/03 113724911s Computer Paper 68.72 555.32*01-4090-1200 7 40503F 01/1835 04/26 05103 113724911s Copy Paper TOTAL DUE VENOM--------> 624.04 a, Jennifer 01-3478 113:3 1 40503A 04/26 05/03 10760 Recreation Refund 32.00 TOTAL DUE VENDOR--------) 32.00 TOTAL PREPAID-----------) 59,759.09 TOTAL DIN` ---------------) 430,284.53 TOTAL REPORT ------------) 490,043.62 RUNTIME: 17:4404/c6/94 , C i VOUC t Y oHER f Di amond Bar x*4 REGISTEk FUND SUMMARY REPORT PAGE DUE TFRU.............05103/94 FUND DISBURSE G/L GJE WILL POST ------TOTAL DIRECT PAY REVENUE EXPENSE GJE HAS POSTED FUTURE TRANSACTIONS --------------------- REVENUE EXPENSE REVENUE EXPENSE ------------------------------------------------ 00i General Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 510 Self Insurance F 125 CDBG Fund 112 Air Quality Igg 11 Prop A -Transit F 250 C.I.P. Fund 141 LLAD #41 Fund 227 Traffic Mit Fee TOTAL ALL FUNDS 460,178.94 74,099.92 4,204.-;9 6,960.13 154.50 3,303.21 163.72 3,304.77 10,717.1' 108.93 947.90 1,417.00 3x4,662.02 4,204.:) 6,960.13 154.50 3,303.21 163.72 3,304.77 10,717.13 108. KI 947.90 -------- ------------ 490,043.62 74,099.92 ------------ ------------ ------------ ------------ 1,417.00 414,526.70 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO U. ' . �j� TO: Honorable Mayor and City Council MEETING DATE: May 3, 1994 � FROM: Linda G. Magnusone;'Accounting Manager REPORT DATE: April 26, 1994 TITLE: Treasurer's Report - March 31, 1994 SUMMARY; Submitted for Council's review and approval is the Treasurer's Statement fo the month of March 1994. r RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report ___. Resolution (s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: _ Public Hearing Notification — Bid Spec. (on file in City Clerk's Office) Other SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments; REVIEWED BY; Terrence L. Belan Frank M. Ushe City Manager Assistant City Manager Yes No Yes --A No Yes --X No Yes X No 41nd4- fi Linda G. a uson Accounting anager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 3, 1994 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - March 31, 1994 ISSUE STATEMENT: Per City policy, the Finance department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the March, 1994 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for Council's review and approval is the Treasurer's Statement for the month of March 1994. This statement shows the cash balances for the various funds, with a breakdown of bank account balances and investment account balances. PREPARED BY: Linda G. Magnuson CIN OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT March 31, 1994 $ 1 6 0 0 8 7 4. 17 1 1 8 6. 3 0 5 4 , .. .. $5,143,223.92 $875.5 4 0. 4 7 , 7 4 8 � 6 .2 131,1 8 ) 0 0 ) 2,465,065.25 GENERAL FUND TRAFFIC SAFETY FUND 23,960.54 7,225.68 2 417,734.04 238,390.45 1,431.92 (189,627.32) 23,877.76 786,967.15 1,226 ' 082.91 GAS TAX FUND TRANSIT TX (PROP A) FD 48953.00 760,891.91 40,630.00 1,185" 452.91 6,749.57 37,102.12 48,943.40 TRANSIT TX (PROP C) FD37,306.84 INTEGRATED WASTE MGT FD 6,544.85 13,833,10 44,088.53182,133.04 8,978.23 0.00 AIR QUALITY IMPRVMNT FD PARK GRANT FUND 0.00 192 233.04 (10,100.00) (5,717.59) (12 443.50) STATE PARK FEES FUND GRANT (PRP A) FD (6,725-91) 19,241.00 3,433.47 (3,664.94) (17,890.73) 206,759.84 S PARKS COM DEV BLOCK GRANT FD 30,013.32) 216,472.10 9,712.26 10,696.00 48,078.85 119,284.06 LANDSCAPE DIST #38 FD DIST #39 FD 58 774,85 9,285.36 420,236.26 0.00 LANDSCAPE LANDSCAPE DIST #41 FD 128,569.42 423 912.13 3,675.87 819.13 819.13 102,560.10 GRAND AN/ CONST FUND FEE FD 0.00 43199.98 78,310.64 139,588.76 TRAFFIC MITIGATION CAP IMPROVEMENT PRJ FD 67,"9.44 139,588.76 381,784.20 311 535 125.88 SB 821 FUND SELF INSURANCE FUND 381,784.20 $11 184 703.40 1 251 358.51 900 936.03 $0.00 TOTALS SU__ MMARY O__ FISH: DEMAND DEPOSITS: GENERAL ACCOUNT $291,563.65 1.280.61 PAYROLL ACCOUNT 100.00 CHANGE FUND CASH ACCOUNT 500.00 PETTY $293,444.26 TOTAL DEMAND DEPOSITS $0.00 INVESTMENTS: TIME CERTIFICATES 0.00 COMMERCIAL PAPER 11,241,681.62 L.A.I.F. 11,241,681.62 TOTAL INVESTMENTS $11,535,125.88 TOTAL CASH CARL WARREN & CO. To: City of Diamond Bar ATTENTION: Lynda Burgess, CMC/AAE City Clerk 94 APR 26 Pl1 1: 28 April 25, 1994 RE: Claim Magdesian vs. Diamond Bar Claimant Charles Magdesian D/Event 4-11-94 Recd Y/Office S 194-94 82 AB Our File We have reviewed the above captioned claim and request that you take the action indicated below: [g] nTUx REJECTION: Send a standard rejection letter to the claimant. ] c-ry�TM TNSUFFTCI •NF CY: In accordance ailed tohthe c one conversation of arimant no later than * a notice of insufficiency must *, 19*. THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DDQ N AY ON F RECEIPT See THE ORIGINAL CLAIM IN YOUR OFFICE. Government Code Sections 910 and/or 910.2 and/or 910.4. ] AMENDED/SrTppiEMENTAL ChAIM: Send a standard rejection letter to the claimant, rejecting this additional/amended claim. ]nTE CLAIhe M RESPONSE: Return the original claim mater recoursel to tis claimant, advising that the claim is late and that their only ".(Return to file a written "Application for Leave to Present a Late Claim copies in your file.) THIS MUST BE . DO NOT SEND ATo THE CLAI°REJ� TION" LETTERT WITHIN 45 S OF RECEIPT OF THE CLAIM IN YOUR OF FI Code Section 911.4 npprTCATIoN REJECTIONz- Reject claimant's "Application for Leave to Present a Late Claim. See Government Code Section 911.8. mrY� un nc"r'30N: 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, L WARREN & COMPANY T YII,�-\ Dwight K z TO PERSON OR PROPERTY INSTRU CTION S 1. Claims for death, injury to person or to per>onai property must be filed not later than 6 r,os. after the occurrence. (Gov. Ccde Sec. 911..:) 2. Claims for damages to real property must be filed no-. later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to I)cate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to sve '.ull deals. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Cov. Code S• -c. 915a) To: The City of Diamond Bar Name of Claimant Charles Magdesian _ Home Address of Claimant City and State 2124 Derringer Lane, Diamond Bar, CA Business Address of Claimant City and State 730 Fifth Ave, City of Industry, CA 91745 Give address to which ycu desire notices or communications to be sent regarding this claim: Home How did DAMAGE or INJURY occur? Give furl particulars. Two tree branches fell on car W -hen did DAMAGE or INJURY occur? Give full particulars, date, time of day: 4-11-94 at 6:00 P.M. 94 AN 19 Pit 4: 29 Age of Claimant (if natural person) 42 Home Telephone Number (909) 396-0134 Business Telephone Number •818) 330-3384 Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give sweet names and addresses and measurements from landmarks: Grand Avenue going south. The last tree before )bntefino. 13; -hat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or :a.:.age, if known: There is still a branch that should be trimmed. It is ready to fall. What D.iNL.GE cr INJURIES do you claim resulted? Give full extent of injuries or damages claunea: Broken windshield and auto body damage. What A.MOL ,, T do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of mrnputauon: Windshield: $500.00 Body work: $862.14 Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospects+e injury or damage, giving basis of zomputation: SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments -eceived, ar`' a zs of .:a: arce Cor par.y: Sa I surance ��== Expenditures made on account of acc:ee-ltr1 'LLr Window work: $500.00 \ame Hospi:ais: and adcr'Es of ',�i, e'ses. Doc: ors ar.- 90604 and Mc Allister Cadillac 15311 E. Whittier Blvd.' Whittier CA Windshield America, 735 W. Alosta Ave., Glendora, CA 91740 REND CAREFULLY For all accident claims place on foL'ox:nom dingrarn names of streets, inducing North, East, South, and West; indicate place accident by ''X" and by showing house numbers or distances to street corners. you I: Cvehicle when y involved, first aweC yate by veh clee location lof Cio3 vehicle cle at vehicle of accident lby 'A-1" and location of yourself cr of , ^e j.' or your vehicle vehicle at the time of . the accident by "B-1" and the point of impact by " NOTE: If dia;rams below do not fit the situation, attach hereto a proper diagram signed by claimant. TS J 7 FOR AUTOMOBILE ACCIDEN R OTHER ACCIDENTS FO �o k~ o� SIDEWALK CURe--+ GRAND AVE. 7 /// f car pARICPJAY tree♦ SIDEWALK (please see enclosed, enlarged diagram) Signature of Claimant or person filing on his behalf giving Typed Name: relationship `�)cl�� Charles Magdesian -T-,,c -,.Tr-c-' -,;F FITTED W!"I'li CI'_^Y CI EEK (GCV. CME SEC. 913a) CURB Date 4-19-94 Im 7 Z � O I � I � I 4 f AGENDA NO.=Z CITY OF DIAMOND BAR AGENDA REPORT City Manager April 26, 1994 Terrence L. Belanger REpORT DATE: TO: May 3, 1994 Interim City Engineer MEETING DATE: George A. Wentz, FROM: to the Los Angles County 0006 and County Lighting District LLA -1• Annexation of street LLA -1 - lights Bent field place TITLE: Ann 1 Lighting Maintenance District of street maintenance it is funds for operation by the developerf 10006 and In order to provide f Were installed County L14D SUMMARY: place which lights into the lights on Benfield said street necessary to incorporate County Lighting District LLA -1• ranting 94 -XX g Council adopt Resolution VO- x street lights That the City of Los Angeles to tion and shown on RECOMMENDATION: to the County al description n recommended jurisdiction in the attached legal of the consent and described of Diamond Bar• executed copies within the territory City provide two (2) County Department the attached map, within the Angeles the City Clerk be dire a tion to the Los that of the City Council Resolution of public works. Hearing LIST OF ATTACHMENTS: X Staff Report X Resolutions) ordinances(s) _ Agreement (9) EXTERNAL DISTRIBUTION: public Notification on file Bid Specif Clerk s (Off ice) in City Ma X other: V init SUBMITTAL CHECKLIST: agreement been n ordinance or 1. 2. 3. 4. 5. Has the resolutio I Attorney? 4 5 vote? reviewed by the City majority or / Does the report require a e impact been assessed commission? Has environmental a Comm Has the report been reviewed by affected by the report' Which Commission? affected Are other departments following Report discussed with the EWED BY: Terrence L. Be City Manager Frani r' •v City Manager Assistant reviewed by the City X Yes s No Mal or y Yes X No Yes X No Yes X No departments: N/A — ' Awen Engineer im City CITY Corwomm AMMO 2T MEETING DATE: May 3, 1994 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Annexation of street lights on Benfield Place to the Los Angeles County Lighting Maintenance District (LMD) 10006 and County Lighting District LLA -1. ISSUE STATEMENT: To annex street lights on Benfield Place to the Los Angeles County Lighting Maintenance District (LMD) 10006 and County Lighting District LLA -1. RECOMMENDATION: That the City Council adopt Resolution No. 94 -XX granting consent and jurisdiction to the County of Los Angeles to annex street lights within the territory described in the attached legal description and shown on the attached map, within the City of Diamond Bar. Further, it is recommended that the City Clerk be directed to provide two (2) executed copies of the Resolution of the City Council's action to the Los Angeles County Department of Public Works. FINANCIAL SUMMARY: The proposed recommendation has no impact on the City's Fiscal Year 1993-94 budget. BACKGROUND/DISCUSSION: In order to provide funds for operation and maintenance of street lights, the area legally described and shown on the attached map, needs to be annexed into the County LMD 10006 and County Lighting District LLA -1. Prior to annexation, however, the County of Los Angeles needs to be granted permission from the City of Diamond Bar. The annual cost per residence as provided by the County is anticipated not to exceed $48.00. PREPARED BY: David G. Liu Tseday Aberra M� R BIu2t R ryq, • . � � - . +� «I //' � � (,ops c o ps o,,� `S a '9�'4 "d I r e @fo° •i V',e Bi°`�a�b�° �+,2 s It t 3 sJ a�fl� 4q4 tea° Averllda RanChe 9 6 J Dr auiGtr �, a � e ceexDr fuo e hays `s9 d— V P• t d I Ore n r wA^°^ 9 arm iilips yom°n ' and Vali _ 6 a„yH 9 �� Ri �� s Pk In° Ips b F5 3 vrn Gr Ct'Rd36� I �n� °4� e\Or 6°Ws""�vI 5 v c a 'b Ln ewe Dr O pwoo� 4a TOS° aw• a`sC' wood oo P1� v° Gti�7 m ` S 111 pBower w �� 5 g Carlton J. $ m to / � aose0 D Creak Pk son /Gnc Y Rd $ Rto R Y�rA ra ° Irl�w Q� F� r d6 }s s4 a peG° pt m 1't° 60 POMONA w enrstc ,°pe1Golu F° see' 5p° mm3a� SQ �f _ Iq a Dr •fC � �[Q 6 34 � � OIPKo a` 4 Q va`-4 9a�a° ey a v ROckb. H D $ Zg Tory ° , �} G -�8 o N wummmr n a wdaio.rer r. O� p�1 Crom� Gem Pl 'ao „ aeip9 9 Pantera Qt I LorIbbBAR Cove♦ �S s l �"'o} S �° °1 Go]dSrush Cove P1 O 0 m �o`+fi 3 CITY OF DIAM Chino Av VICIFff H" r c tyv F°r Lost Rld� ?ArLt1eid?I vLst°� T Dr COWllrll = r7 $ T. / C Sonrrver Oc '. / � - Q1 ° O Dr — � D` � Pencar pl / ° Longe j pCA- • A � 4�s � c5 yt X I _ ` ,�� O G o , 2� diso Rio 5.- Sc Ait�/�EXii7lJ mnderT[ n E Gnl PI tv P n nrg hOl+h O 7 Dr C r�U O CI 1 4 <�u`t>3`j� Yy / .!1� 2 3 nt Cyr. Dr l .Rapid Brook'I ll rear t tr 2. Silver SPm'Q �p a m' r6arr > Iy 3. GmYsn *T& Ln Siur s ,3� a�-C rE� ,� I C'' J� 4 ° LI�� /� of v 's nki„t ry e e c Ives cl 3 d 4 C a �O1d L° a ° awel it ` / a4 J p toAv Sum �fQIjQ p; Ride Q, hill P. hill Dlam Q--< a o 111 e m haPP� v p Oi ARtiOLD t�nomveD.-D�Ln ara Grow n o 4' a renvice " jnt Schy4 8 0 Pk oY°`a Dla�o z vC� o / RESERVOIR;A N l nr Rrser � Dr � I e � the Ra res o 41 S age �O a t 2 Rd C/ �,� ?ry ��d'�cee� Rd i nf` 111 COUNTY OF LOS ANGELES +*r r DEPARTMENT OF PUBLIC WORKS X - x 900 SOUTH FREMONT AVENUE I RNA ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 ADDRESS ALL CORRESPONDENCE TO: THOMAS A, TIDEMANSON, Director P.O.BOX 1460 April 6, 1994 ALHAMBRA, CALIFORNIA 91802-1460 The area shown on the enclosed map is being processed for annexation to the subject lighting districts in order to provide funds for the operation and maintenance of street lights to be installed by the developer. Since this area is within the boundaries of the City of Diamond Bar, we will need permission from your City Council before the annexation procedures can be consummated. Enclosed are three copies of a Resolution Granting Consent and Jurisdiction to the County of Los Angeles in the matter of annexing this area to the subject lighting districts. Please present this Resolution to your Council for their consideration as soon as possible. Upon your Council's adoption of the Resolution, please have two copies of each executed and returned to this Department for further processing. You may keep the remaining copy for your records. If you have any questions regarding this matter, please contact Mr. Steve Lau of our Traffic and Lighting Division, Street Lighting Section, at (818) 458-5926. Very truly yours, HARRY W. STONE Acting Director of Public Works SL:cs P283 Enc. IN REPLY PLEASE T-3 Mr. Terry Belanger REFER TO FILE City Manager City of Diamond Bar 21660 East Copley Drive 33 Suite 100 a Diamond Bar, CA 91765-4177 M Dear Mr. Belanger: -- M`t X ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 -� 3 3 AND COUNTY LIGHTING DISTRICT LLA -1 _wiz CITY OF DIAMOND BAR PROJECT NUMBER 283-107 .� The area shown on the enclosed map is being processed for annexation to the subject lighting districts in order to provide funds for the operation and maintenance of street lights to be installed by the developer. Since this area is within the boundaries of the City of Diamond Bar, we will need permission from your City Council before the annexation procedures can be consummated. Enclosed are three copies of a Resolution Granting Consent and Jurisdiction to the County of Los Angeles in the matter of annexing this area to the subject lighting districts. Please present this Resolution to your Council for their consideration as soon as possible. Upon your Council's adoption of the Resolution, please have two copies of each executed and returned to this Department for further processing. You may keep the remaining copy for your records. If you have any questions regarding this matter, please contact Mr. Steve Lau of our Traffic and Lighting Division, Street Lighting Section, at (818) 458-5926. Very truly yours, HARRY W. STONE Acting Director of Public Works SL:cs P283 Enc. AGENDA ITEM NO, 8.1 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR '& AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City ManagerAprilDATE: April 26, 1994 MEETING DATE: May 3, 1994 FROM: James DeStefano, Community Development Director TITLE: Second Reading of Ordinance No. 2 (1994), an ordinance amending Title 22 of the e standards os engeles code County Code by adding a new Chapter 22.54 and establishing property Amendment No. 93-3). SUMMARY: On April 19, 1994, the City Council held a public hearing, received testimony, waived first reading, and approved as amended, Ordinance No. 2 (1994). RECOMMENDATION: It is recommended that the City Council approve second reading and adopt Ordinance OUNCIL OF THE CITY OFD MOND BAR No. 2 (1994) entitled: AN ORDINANCE OF THE CITY C AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE BY ADDING A NEW CHAP'T'ER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STAN LIST OF ATTACHMENTS:— Staff Report _ Resolution(s) X Ordinances(s) Agreement(s) Other EXTERNAL DISTRIBUTION: None SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) 1. Has the resolution, ordinance or agreement been reviewed X Yes — No by the City Attorney? MAJORITY2. Does the report require a majority or 4/5 vote? X Yes — No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? — Which Commission? Yes X No 5. Are other departments affected by the report? — Report discussed with the following affected departments: L WED B : 3— Frank Usher irector Terrence L. Belanger es DeStefano City Manager Assistant City Manager Community Devel ment D F ORDINANCE NO. 2 (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 1. In all respects as set forth in the Recitals, part A, of this Ordinance. May 2, 1994 1 Changes appear as follows: Additions from 4119194 City Council Meering 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. Section 3. 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 3. Single -Family Standards 4. Multifamily Standards 5. Commercial Standards 6. Industrial Standards 7. Abatement Procedures Part 1 PURPOSE AND INTENT 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 thereon, and a resulting decline in property values within the 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 May 2, 1994 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 May 2, 1994 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 §370 (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 _ � _Ma -interferes with the public health, ` safety, and welfare. 22.54.050 Nuisance Per Se Examples of activities that are nuisances per se include water pollution by discharge, structures which amount to rd, noise, air pollution, weeds, rubbish and refuse, afire haza junkyards, earth movement and illegal signs. 4 May 2, 1994 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 May 2, 1994 (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 Enforcement 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 May 2, 1994 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, view -obscuring 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, commercial trailer or related commercial equipment for any period in excess of 72 hours provided that no more than two 7 May 2, 1994 such permitted vehicles may be parked on any such lot or parcel at any one time. 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 wall maintenance 8 May 2, 1994 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 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, 9 May 2, 1994 debris, trash storage receptacles, inoperative motor vehicles, boats, camper shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. All rubbish, 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 May 2, 1994 10 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. 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 May 2, 1994 22.54.220 Pence 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. May 2, 1994 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. May 2, 1994 13 B. No person shall park or store any commercial vehicle, trailer or related equipment for any period in excess of h permitted vehicles 72 hours provided that no more than two suc 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 commercial shall be kept and maintained or parcel designated as in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and ant and general public. occupant welfare of the user, P 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 May 2, 1994 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. 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. 22.54.300 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 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. The provisions contained within this Section shall apply to private property open to the public. May 2, 1994 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, unless otherwise approved by the Planning Commission and/or City Council. 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. May 2, 1994 16 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 May 2, 1994 17 A. All fences and walls upon any lot or parcel designated as industrial 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. 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 18 May 2, 1994 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. DIAGRAM A ILLUSTRATION OF LOT LINE AND YARD DESIGNATIONS Street (Curb face) . May 2, 1994 19 CFront Lot Line M i FRONT YARD i C •-- -------- ----• a.+-- rA BUILDING ' A «t i I ¢ 92 C rA------------ ------1 1 REAR YARD i Rear Lot Line May 2, 1994 19 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 abatement of public nuisances or nuisances per 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 May 2, 1994 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 owner's 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. May 2, 1994 2 1 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 May 2, 1994 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 May 2, 1994 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 OT this BLOCK s situated,CT the City of Diamond Bar, Los Angeles County, California, on premises described as _ RA commonly known as ovisions _ of the Municipal Code of the _ YOUR ATTENTION Iia on R eBn the oEffceEoff the City D to the rClerk in the City Hall. City of Diamond Bar, Co you are hereby notified that the violations consist of Pursuant to the provisions of —, �— ----- - ter. TTATT AWT7TTT. CONDITION -SI You are further notified and ordered to abate the above specified conditions by taking the following actions (s): DESCRIPTION TOF ACTIS NECESSARY NLAWFUOLNCONDITIONS) (TO ABATE days from the da of Your receipt of is Such action(s) must be completed within (insert from epeLfree) of any of the unlawful condit ons described notice and order, and thereafter you must maintain P P rty 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. rsigned In the event you fail to complete such work within the imeh tmherefor will bOve tbe alien upon the property l cause the appropriate action to be taken and completed, and the 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. peal You are advised that any person(s) holding record title or having any interest in the eop ion withinrty may ten en from this notice. and order, or any determination and order. Written noe. Hearing Otice of cer such ePlanning appeal must be filed in the office of days from the date of service re this Bar, CA the Planning Commission Secretary in the City Hall at 21865 E. Copley Drive, Suite the ination ofng Officer f rice shall be final. 91765. If no appeal is filed within the notice and prescribed, the de er recorded against the property in the Office of You are further advised that the County Recorder. DATED: This day of 19 -- Hearing Officer 24 May 2, 1994 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, M9y 2, 1994 2 6 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 May 2, 1994 2 7 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. May 2, 1994 2 8 (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 special 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 M8y 2, 1994 29 interested persons shall be given notice of the final determination and the time limitation for judicial review. 22.54.480 Notice of lien --- Form and contents (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. May 2, 1994 3 0 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 $ , and 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)" May 2, 1994 3 1 (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 private parties The provisions of this Chapter shall in no manner adversely affect the right of the owner(s), lessee, or occupant of any such May 2, 1994 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 Right 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. eemply with, any provision or requ4r_ement -_-f 1-6-1049 Gede is eeamit ed, It shall constitute a continuing violation unless and until the violation is abated 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 May 2, 1994 3 3 misdemeanor. However, any provision of this Code may be prosecuted as an infraction at the discretion of the Prosecuting Attorney. 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 May 2, 1994 3 4 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do s introduced at a regular certify that the foregoing Ordinance wa hereby meeting of the City Council of the City of Diamond Bar held on the at a regular 1994 and was finally passed day of ' meeting of the City Council. City Clerk 35 May 2, 1994 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �' ;3 TO: Terrence L. Belanger, City Manager MEETING DATE: May 3, 1994 REPORT DATE: April 26, 1994 FROM: David G. Liu, Senior Engineer TITLE: Intersection Modification on Grand Avenue at Diamond Bar Boulevard and of Golden Springs Drive SUMMARY: On October 6, 1992, the City Council awarded a design services contract to Dwight French and Associates, Inc. (DFA) for the reconstruction/rehabilitation of Grand Avenue from the easterly City limit to Golden Springs Drive in the amount of $45,700.00. On December 7, 1993, the City of Diamond Bar executed a Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (MTA) for the approved funding of our Grand Avenue Traffic Signal Synchronization/Arterial Improvements Project. Since the arterial improvements/intersection modification should be constructed as part of the Grand Avenue Rehabilitation Project, it has become necessary for DFA to design/co-ordinate this effort. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract amendment with Dwight French and Associate, Inc. to increase the contract amount from $45,700.00 to $61,000.00. LIST OF ATTACHMENTS: -A Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) _ Ordinances(s) X Other: (ATTACHMENTS 1-5) _ Agreement(s) Interoffice Memorandum: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? Traffic & Transportation 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: errence L. Belanger Frank M. Usher vi G. Liu City Manager Assistant City Manager Senior Engineer c:\wp6O\iodekay\egenda-9\gmdave.503 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 3, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Intersection Modification on Grand Avenue at Diamond Bar Boulevard and at Golden Springs Drive ISSUE STATEMENT To increase the contract amount from $45,700 to $61,000. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract amendment with Dwight French and Associates, Inc. to increase the contract amount from $45,700 to $61,000. FINANCIAL SUMMARY: In accordance with the Memorandum of Understanding executed between Los Angeles County Metropolitan Transportation Authority and the City of Diamond Bar (ATTACHMENT #1) for the Grand Avenue Traffic Signal Synchronization/Arterial Improvements Project, the increased amount of $15,300.00 will be funded by Proposition C Fund (67.5 % share) and our Local Gas Tax Funds (32.5 % share). BACKGROUND/DISCUSSION: On October 6, 1992, the City Council awarded a design services contract to Dwight French and Associates (DFA) for the reconstruction/rehabilitation of Grand Avenue from the easterly City Limit to Golden Springs Drive in the amount of $45,700.00. The Los Angeles County Metropolitan Transportation Authority (MTA) is responsible for administering a number of different federal, state, and locally enacted transportation Programs to improve mobility, reduce congestion, and to assist in the improvement of air quality. On January 29, 1993, the MTA issued a Multi -Year Call For Projects. The City of Diamond Bar submitted the Grand Avenue Traffic Signal Synchronization/Arterial Improvements Project and was successful in obtaining the funding for this project. The work includes traffic data collection, generation/implementation of timing plans, development of plans, specifications, and estimate (PS & E) for the synchronization of nine (9) traffic signals INTERSECTION MODIFICATION ON GRAND AVENUE AT DIAMOND BAR BOULEVARD AND AT GOLDEN SPRINGS DRIVE May 3, 1994 PAGE 2 along Grand Avenue (from State Route 57 to the easterly City limit) and intersection modifications of Grand Avenue/Diamond Bar Boulevard and Grand Avenue/Golden Springs Drive. To maximize available resources, staff was able to request assistance from the Los Angeles County Department of Public Works to provide the synchronization design at no cost to the City (Attachment #2). With respect to the design for the intersection modification, it has become necessary to request DFA to co-ordinate said effort as part of the Grand Avenue Rehabilitation Project. Dwight French and Associates has submitted a proposal for the intersection modification (ATTACHMENT #3) as requested by the City. The objectives of the intersection modification will be to optimize traffic circulation and to improve the level of service at these two intersections. As presented to the Traffic and Transportation Commission on February 10, 1994, the following will be the key options to be considered: I. ON GRAND AVENUE AT DIAMOND BAR BOULEVARD (ATTACHMENT #4) • Easterly Approach of Grand Avenue: (a) Relocate the curb and gutter approximately 2' back (current parkway width is 8') for approximately 550' on either the northerly side or both sides of Grand Avenue. This modification could either provide a third through lane or a right -tum lane for northbound traffic. (b) Relocate the existing median further south to improve the traffic flow and modify said median to provide greater storage capacity (by approximately 250') for left-turn/southbound traffic. (c) Continue to permit left -turn movement into the shopping center (Vineyard). • Westerly Approach of Grand Avenue: (a) Relocate the curb and gutter 2' back (current parkway width is 8') for approximately 300' on either the southerly side or both sides of Grand Avenue. This modification could either provide a third through lane or INTERSECTION MODIFICATION ON GRAND AVENUE AT DIAMOND BAR BOULEVARD AND AT GOLDEN SPRINGS DRIVE May, 1994 PAGE 3 a right -turn lane for the southbound traffic. (b) Relocate the existing median further north to improve the traffic flow. Preliminary Engineer's Estimate: $193,000 - $291,000 II. ON GRAND AVENUE AT GOLDEN SPRINGS DRIVE (ATTACHMENT #5) 0 Easterly Approach of Grand Avenue: (a) Lengthen and accommodate dual left -turn pockets for southbound traffic. This would result in the removallrelocation of two mature trees currently in the median island. • Westerly Approach of Grand Avenue (a) Relocatelmodify existing median to create a dual left -turn pocket for the northbound traffic. • Southerly Approach of Golden Springs Drive: (a) Relocate existing easterly curbs and gutter approximately 12' for approximately 400' to accommodate the left -turn movements from Grand Avenue and to accommodate the right -turn lane. Preliminary Engineer's Estimate: $175,000 Upon completion of the intersection modification design, the plans will be incorporated as part of the Grand Avenue Rehabilitation Project to be approved by the City Council. Prepared By: David G. Liu C:\WP60\LINDAKAY\CCR-94\GRNDAVE.503 .�% 7�fC�'/Ylev T / MOU #217-246-2-93-94 PROPOSITION C TRAI\iSIT RELATED STREET/STATE HIGHWAY IMPROVEMENTS (PROP. C 25%) MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made and entered into by and between the Los Angeles County Metropolitan Transportation Authority ("MTA") and the City of Diamond Bar ("Grantee"). WHEREAS, as part of the FY 1993-94 Multi -Year Call for Projects, the MTA, at its June, 30, 1993 meeting, authorized a grant to Grantee, subject to the terms and conditions contained in this MOU. NOW, THEREFORE, the parties hereby agree as follows: The terms and conditions of this MOU consist of the following and each is incorporated by reference herein as if fully set forth herein: 1. Part I - Specific Terms of the MOU 2. Part II - General Terms of the MOU 3. Attachment A - the Project Budget 4. Attachment B - the Cash Flow Plan 5. Attachment C - the Scope of Work 6. Attachment D - Special Grant Conditions 7. Any other attachments or documents referenced in the above documents In the event of a conflict, the Specific Terms of the MOU shall prevail over the General Terms of the MOU. MTA FY 1993-94 Multi -Year Call for Projects Understanding (MOU) - Memorandum of IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below: MTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY -- ."-11U.1V1_ vJuccr APPROVED AS TO FORM: Dewitt W. Clinton County Counsel By: p t Date GRANTEE: By: f , 44- Q D /-V7/,g5 'GARY G. MILLER Date Mayor APPROVED AS TO FOR By: ANDREW V. ARC NSKI Date City Attorney 2 MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU) PART I SPECIFIC TERMS OF THE NIOU 1. Title of the Project (the "Project"): Grand Avenue Traffic Signal Synchronization Arterial Improvements Project. 2. To the extent the Funds (the "Funds") are available, MTA shall make to Grantee a one time grant of the Funds in the amount of: Two Hundred Eighty Thousand Dollars ($280,000). MTA Board action of June 30, 1993 programmed funds to Grantee for the Project for one year, Fiscal Year (FY) 1993-94. However, Funds are approved for FY 1993-94 only. MTA Board action will be required annually to approve Funds for each subsequent Fiscal Year prior to those Funds being allocated to Grantee. 3. This one time grant shall be disbursed in accordance with the cash flow plan, over a thirteen (13) month period, beginning in the month that costs are incurred as specified in the Plan, as defined herein, for each Fiscal Year for which funds are approved (as specified in Part I, Section 2 of this MOU). MTA shall withhold, as retainage, ten percent (10%) of the total grant amount until MTA review and approval of annual audit results (as specified in Part II, Section 4.3 of this MOU). MTA shall release retainage to Grantee, on an annual basis, upon MTA approval of annual audit results. All disbursements of Funds shall be considered an estimate subject to adjustment based on Quarterly Cost. Certification reports (as specified in Part II, Section 4.1 of this MOU) and MTA audit results. 4. Reports and Certifications to be submitted to MTA by Grantee (check below): Transit Performance Measurement Report Financial Capacity Certification demonstrating current and future financial capacity to sustain all new operating costs Certification of Coordination with other affected Transit Operators to avoid potential service duplication Compliance with FTA Section 15 reporting, requirements X Annual Project evaluation and financial review report (due: June 30 1994 ) X Quarterly narrative update on Project progress Other: N MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU) 5. Project Budget (the "Project Budget") for the sources of funds programmed for the Project is attached to this MOU as Attachment A. 6. Cash Flow Plan (the "Plan") for the Project is attached to this MOU as Attachment B. 7. Scope of Work (the "Scope of Work") for the Project is attached to this MOU as Attachment C. 8. Special Grant Conditions for the Project, if any, are attached to this MOU as Attachment D. 9. No material changes, as determined by the MTA at its sole discretion, to the Project Budget, the Plan, or the Scope of Work shall be funded or allowed without the prior written consent of the MTA Chief Executive Officer or his designee. 10. MTA's Address: Los Angeles County Metropolitan Transportation Authority 818 West Seventh Street, Suite 300 Los Angeles, CA. 90017 Attention: Mr. Benkin Jones San Gabriel Vallev Area Team 11. Grantee's Address: City of Diamond Bar 21660 East Conley Drive Suite 100 Diamond Bar, CA 91765 Attention: Mr. David Liu Public Works 4 MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU) PART II GENERAL TERMS OF THE MOU 1. TERM. The term of this MOU shall commence on June 30, 1993 and, subject to Part II, Section 7, shall terminate upon Project Completion. For purposes of this MOU, Project Completion is defined as the time at which the agreed upon Scope of Work has been completed, all MTA audit and reporting requirements have been satisfied, and the final disbursement of the Funds has been made to the Grantee. 2. INVOICE BY GRANTEE. Unless otherwise stated in this MOU, the Quarterly Cost Certification reports and the annual Project Status report, as described in Part II, Sections 4.1 and 4.2 of this MOU, shall satisfy MTA invoicing requirements. 3. USE OF FUNDS. 3.1 The Grantee shall utilize the Funds in accordance with the most recently adopted MTA Proposition C Guidelines (the "Guidelines") and as specified in the Scope of Work. 3.2 Attachment C shall constitute the agreed upon Scope of Work between MTA and the Grantee for the Project. The Funds, as granted under this MOU, can only be used towards the completion of this Scope of Work. 3.3 Grantee shall not use the Funds to substitute for any other funds or projects not specified in this MOU. 4. REPORTING AND AUDIT REO S/PAYNEENT ADJUSTMENTS. 4.1 Grantee shall submit Quarterly Cost Certification reports on the last day of the months of October, January, April, and July. Should Grantee fail to submit such reports within 10 days of the due date, MTA may withhold, at its sole discretion, the Funds from Grantee. MTA will reconcile Quarterly Cost Certification reports to Funds disbursements on a quarterly basis. All disbursements shall be considered an estimate subject to adjustment based on this reconciliation. Future disbursement of Funds may be reduced and/or delayed if actual Project costs, as provided in the Quarterly Cost Certification reports, are significantly less than Fund disbursements. 4.2 Grantee shall submit an annual Project Status report one month after the end of each funded Fiscal Year. Should Grantee fail to submit such report within 10 days of the date, MTA may withhold, at its sole discretion, the Funds from Grantee. MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU) 4.3 MTA, and/or its designee, shall have the right to conduct a financial and compliance audit(s) of the Project. Grantee agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with generally accepted accounting principles. The Grantee shall reimburse MTA for any expenditures not in compliance with the Scope of Work and/or not in compliance with other terms and conditions as defined by this MOU and the Guidelines. 5. ONE TIME GRANT. This is a one time only grant subject to the terms and conditions agreed to herein and in the Guidelines. This grant does not imply nor obligate any future funding commitment on the part of MTA. 6. SOURCES AND DISPOSITION OF FUNDS. 6.1 Grantee shall be responsible for any and all cost overruns for the Project. 6.2 Grantee shall be eligible for the Funds up to the grant amount specified in Part I, Section 2 of this MOU subject to the terms and conditions contained herein and in the Guidelines. Any underruns to the Project Budget shall be apportioned between MTA and the Grantee in the same proportion as the Sources of Funds from each party to this MOU as specified in Attachment A to this MOU. 6.3 Grantee, within 60 days of completion of the Project described in the Scope of Work, shall return to MTA any unused disbursements of the Funds previously transferred to the Grantee provided that, to the extent such unused funds represent underruns to the Project Budget, such funds shall be apportioned between MTA and Grantee in the manner specified in Part II, Section 6.2 of this MOU. 7. PROTECT RECERTIFICATION / LAPSING OF FUNDS 7.1 This MOU must be executed between MTA and Grantee within the first six (6) months of the first Fiscal Year in which Funds are programmed for the Project. 7.2 Grantee must demonstrate timely use of Funds through the submittal of Quarterly Cost Certification reports as described in Part II, Section 4.1 of this MOU. 7.3 Projects for which the timely use of Funds is not demonstrated by the execution of this MOU by December 31, 1993, and through the Quarterly Cost Certification reports, will be reevaluated, by MTA as part of its annual Call for Projects Recertification process, for reprogramming to subsequent Fiscal Years. rel MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU) 7.4 MTA Board action will be taken on the Call for Projects Recertification Prior to July 1 of each Fiscal Year. 7.5 Grantee shall expend the FY 1993-94 Funds granted under this MOU by June 30, 1996, three (3) years from the date of approval, unless otherwise stated in this MOU. At the end of the three (3) year period Grantee shall return any funds not expended to MTA by July 31, 1996. 8• DEF__ AULT. A Default under this MOU is defined as anyone or more of the following: (i) Grantee fails to comply with the terms and conditions contained herein or in the Guidelines; or (ii) Grantee makes a material change, as determined by MTA at its sole discretion, to the Plan, the Scope of Work, or the Project Budget without MTA's prior written consent or approval as provided herein. 9. REMEDIES. 9.1 In the event of a Default by Grantee, MTA shall provide written notice of such Default to Grantee with a 30 -day period to cure the Default. In the event Grantee fails to cure the Default, or commit to cure the Default and commence the same within such 30 day period to the satisfaction of MTA, MTA shall have the following remedies: (i) MTA may terminate this MOU; (ii) MTA may make no further disbursements of Funds to the Grantee; and/or (iii) MTA may recover from Grantee any Funds disbursed to Grantee prior to and after the Default. 9.2 Effective upon receipt of written notice of termination from MTA, Grantee shall not undertake any new work or obligation with respect to this M MTA in writing. OU unless so directed tby o 9.3 The remedies described herein are non-exclusive. MTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. 10. OTAER TERMS AND CONDITIONS. 10.1 This MOU, along with the Guidelines, constitutes the entire understanding between the parties, with respect to the subject matter herein. The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the piesAdoption of revisions or supplements to the Guidelines by MTA shall. cause such revisions or supplements to become incorporated automatically into this MOU as though fully set forth herein. ►/ MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOU) 10.2 In the event that there is any legal proceeding between the parties to t protect or establish any rights or remedies enforce or interPret this MOU, shy Guidelines, i s costs and expenses, including reasonable hereunder, the prevailing party attorneys' fees. 10.3 Grantee shall retain all original records and documents related to the work herein for a period of three (3) years after Project Completion. 10.4 Neither MTA nor any officer or employee thereof shall be responsible for ung by reason of anything done or omitted to be done by Grantee any damage or liability work, authority, or jurisdiction delegated to Grantee under this under or in connection with any that Grantee shall fully indemnify and MOU or the Guidelines. It is also understood and agreed son of anything done hold MTA harmless from any liability impo for injury occurring by reunder or in Connection with ason work, authority, or or omitted to be done by Gunder this MOU or the Guidelines* jurisdiction delegated to Grantee 10.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented and or delayed by unforeseen causes inclulit ding acts li God, of the affectedpublic � yEach Party hereto acts beyond the control and without fault or negligence shall give notice promptly to the other of the na of an obligations ure and extent of under this MOUy such or the claimed to delay, hinder, or prevent performanCe y Guidelines. 10.6 Grantee shall comply 1 with and insure that work performed under this MOU and local laws) statute-Sv is done in compliance with all applicable provisions of nede the applicabl requirements and ordinances, rules, regulations, and procedural require Copies of and regulations of the MTA. Grantee acknowledges responsibility for obtaining tions and complying with the terms of the most recent federal, stale, or ocallaws federal, state, or local MTM requirements including any amendments regulations and MTA requirements are applicable to this MOU to the maximum extent laws and regi feasible, unless otherwise provided for in writing by the MTA. 10.7 Grantee agrees that the requirements of this MOU and the Guidelines shall be included, as applicable, in every subcontract entered into by Grantee or its contractors relating to work performed under this MOU. 10.8 Grantee shall not assign this MOU, or any part thereof, without written consent and prior approval of the MTA Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable. MTA FY 1993-94 Multi -Year Call for Projects - Memorandum of Understanding (MOLD) 10.9 This MOU shall be governed by California law- If any provision of this jurisdiction to be invalid, void, or unenforceable, the MOU is held by a court of CompetentJ Provisions shall nevertheless continue in full force without being impaired or remaining p invalidated in any way. 10.10 The covenants and agreements of this MO e s �so� and asbegnst of, and shall be binding upon, each of the parties and their respects 10.11 Grantee agrees that all literature, advertisements, brochures, video, radio, the and public service announcements, construction site signs, and all a t the MTA�� Abu on as project and/or distributed to the public will contain to display �e SRO logo on its buses, well as the approved METRO logo. Grantee agrees, The MP; I RO logo for services provided under the Proj shuttle buses, vans, and taxis utilized reproduced and displayed in accordance with speck is a copyrighted symbol which shall be rep ent at the address in Part 1, Section graphic guidelines available from the MTA Graphics Department Department to 10 of this MOU. Grantee agrees to follow directions of the MTA Marketing n of the MOU. comply with this SectioPartnership programs to seek State /Local Transportation Parte P 10.12 Grantee agree rnia for the Project. SLTPP funds received by the funds (SLTPP) from the State of Califo een the Grantee and MTA in the manner Grantee for the Project shall be apportioned betw specified in part 11, Section 6.2 of this MOU. parties at the in Part I, 10.13 Notice will be given to the p e address specie of address. Sections 10 and 11 unless otherwise notified in writing of chang 6 Q H z w 2 U Q F- F - Q s O 2 rn C_ a C d a c 0 E : a C CO E L v/ I ❑ z N U LL d LL o O d V) O W 0 U cr Z) 00 � I } UJ 0 Z) CV) rn c+) U rn w �O Ir Il ❑ z Z) LL W O W U D O co 0 0 0 o o Ln o 0 T N v LL U U U U E _o 0 0 0 Ro o o o m a a a a 0 0 0 0 ti <i IL Q C o ry E E E to O U rn c c r a c W cu m o d J C 0 F - w U ❑ m U w O a. J Q H O H o L N O O LL. LO O N O cfl o 0 - co 0 0 0 0 [— O J LLl O O ❑ t1i i[i co M ~ m 64 ER to O ( m }T LL. (D C) I u) rn O) T 0 0 0 Ln 0 0 0 O) T T 1 LO co co c} CA O 0 O CC) O Lc O n co EA � to 0 rn 4 0 0 o 1 CO T rn ao rn O ❑ z Z) LL W O W U D O co 0 0 0 o o Ln o 0 T N v LL U U U U E _o 0 0 0 Ro o o o m a a a a 0 0 0 0 ti <i IL Q C o ry E E E to O U rn c c r a c W cu m o d J C 0 F - w U ❑ m U w O a. J Q H O H FY 1993-94 Multi—Year Call For Projects Memorandum Of Understanding (MOU) ^ ATTACHMENT B ^ PROPOSITION C PROJECT CASH FLOW PLAN AGENCY NAME: City of Diamond Bar PROJECT NAME: Grand Ave. Traff Signal Synchronization/Arterial Improvements Project FUNDING SOURCES: $280,000.00 PROPOSITION C $135,000.00 OTHER LOCAL FUNDS (incl. ISTEA, etc.) $415,000.00 TOTAL FUNDING PROJECTED MONTHLY PROPOSITION C CASH FLOW REQUIREMENTS: FY 94-95 FY 93-94 Month: . Month: July 1994 $13,500.00 $ $27,950.00 August $30,000.00 September $45,000.00 October $20,000.00 November $20,000.00 December $22,400.00 January 1995 January 1994 $20,150.00 February $26,000.00 March $20,000.00 Ap ril $15,000.00 May $10,000.00 June $10,000.00 $178,850.00 Fiscal Year Total $101,150.00 (2) (1) FOR FIRST TWO FISCAL YEARS (1)+(2) 00.00 $280,0$0.00 CASH FLOW REQUIREMENTS FOR FUTURE YEARS (3) CASH FLOW REQUIREMENTS PROGRAMMED C GRANT AMOUNT (1)+(2)+(3) $280,000.00 TOTAL PROPOSITION Note: Although the MTA Board action of June 30, 199; may have programmed funds on a multi—year FY 1993-94 only. MTA Board action will be required annually basis, funds are approved for the ior to those funds being allocated to the grantee. approve funds for each subsequent fiscal year pr ATTACHMENT C PROPOSITION C 25% FUNDS MOU LOCAL TRANSPORTATION SYSTEMS MANAGEMENT CATEGORY SECTION I: SCOPE OF WORK PROJECT DESCRIPTION This regional arterial, Grand Avenue, connecting Los Angeles technology logy SwBernardino ine County is to be synchronized using radioscorrected modifications: replacement, signal (9) intersections. Work will include equipment replacement, channelization modifications and at GrandpA e/Golden Springs eing to create dual fRoad lanes on Grand Ave/Diamond Bar Boulevard Restriping to create a three (3) thru/right turn lanes in eadata ch direction on generation and ic p through the project limits. Other woo o tcl Plans,:traf Specificarions and Estimate (PS & implementation of timing plans, E) for the WW1 work and the intersection modifications, and construction engineering. PROJECT LOCATION The attached map (Exhibit 1) delineates the project limits (approximately two miles) along Grand Avenue from State Route 57 to the East City Limits. PROJECT BUDGET Source of Funds: $280,000 Proposition C 25% Local Gas Tax Subvention Funds $415,000 Total Use of Funds: ,000 Engineering Design (PS & E) $ 33 3, 000 Constructi$3 on 52,000 Construction Engineering $ Traffic Data and Timing Plans $� . Total PROJECT OBJECTIVES timize The project objectives are to optraffic circulation, he overall effect of reducing fuel usage intersections, and reduce travel time delay , and vehicle air pollutant emissions along the corridor. PROJECT MLESTONES STANDARDS AND PRACTICES The Cy Angeles it will ensure the Project is designed in accordance with . applicable City, Los Ano County Department of Public Works and Caltrans Standards. SPECIAL CONDITIONS None regiured by MTA. SECTION II; LINE ITEM BUDGET January 1994 Begin Project Design January 1994 Begin Traffic Studies royal PS & E App May 1994 City Council June 1994 Bid Opening June 1994 Contract Award June 1994 "Before" Studies July 1994 Begin Construction October 1994 Complete Construction November 1994 Implement Timing Plans December 1994 Complete Traffic Studies February 1995 "After" Studies STANDARDS AND PRACTICES The Cy Angeles it will ensure the Project is designed in accordance with . applicable City, Los Ano County Department of Public Works and Caltrans Standards. SPECIAL CONDITIONS None regiured by MTA. SECTION II; LINE ITEM BUDGET SECTION III: SCHEDULE OF DELIVERABLES Locations and Types of Improvements (Exhibit 2)May 1994 PS & E November 1994 Timing Plans March 1995 Traffic Studies Report April 1995 Field Review $ 33,000 Design Plan Traffic Studies &Timing an Devel. 15,000 52,000 Construction Engineering 30,000 Synchronization Equipment 95,000 Grand/Golden Springs Construction 1 90.000 1S uction Grand/Diamond Ba ConstrTotal 0 SECTION III: SCHEDULE OF DELIVERABLES Locations and Types of Improvements (Exhibit 2)May 1994 PS & E November 1994 Timing Plans March 1995 Traffic Studies Report April 1995 Field Review ATTACHMENT C EXHIBIT F— U w 3 O a z w w O a z x x x ------------ 0~w w�Z a -g xxxxxxxxx �� U)�cr w=Z) cl: F- �- z LL o w J LLJ J —i x x D Z cr� O� C) H z w U) aZZ Dw0 �w Q x x JUL) z Q ��0 H z w Ow }-U 05� xxxxxxxxx d LU ¢ CCO z J O, O U w w a J Ozm0za- Z w >W¢co z Y z< U) H < CC W=z (9 z O JO~CnQ J Z J z~� O�=OQOo0m -�C� JU)Cncr- p co0z 1 J `, 4�LA7�1 r -�C C--- r BOARD OF SUPER ISORS COUNTY OF LOS ANGELES 822 KENNETH HAHN HALL OF ADMINISTRATION / LOS ANGELES, CALIFORNIA 90012 Telephone (213) 974.4444 I FAX (213) 626-6941 DEANE DANA January 19, 1994 SUPERVISOR, FOURTH DISTRICT Honorable Gary Werner Mayor, City of Diamond Bar 21660 East Copley Drive, Suite 100 •` /V`' Diamond Bar, California 91765-4177 Dear Gary: GRAND AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT The County Director of Public Works informed me of the letter from your City Manager, Mr. Terrance Belanger, indicating your City' -s success in obtaining a grant from the Los Angeles County Metropolitan Transportation Authority to synchronize the traffic signals along Grand Avenue and proposing that the County provide design services at no cost to the City. I have discussed the project with the Director and concur that it is of general County interest. As you know, Grand Avenue was recently added to the County's Second Five -Year Traffic Signal Synchronization Program and is eligible for partial County funding. Therefore, I would be happy to offer County design services at no cost to your City. Accordingly, I have instructed the Director to work with your staff so that design can begin immediately in order to meet your construction schedule. It is always a pleasure to work with you on these regional traffic mitigation measures. I look forward to the success of this project. Sincerely, DEANE DANA Supervisor, Fourth District County of Los Angeles DD: as cc: T. A. Tidemanson, Director Department of Public Works r -�C C--- r �z n m The County Director of Public Works informed me of the letter from your City Manager, Mr. Terrance Belanger, indicating your City' -s success in obtaining a grant from the Los Angeles County Metropolitan Transportation Authority to synchronize the traffic signals along Grand Avenue and proposing that the County provide design services at no cost to the City. I have discussed the project with the Director and concur that it is of general County interest. As you know, Grand Avenue was recently added to the County's Second Five -Year Traffic Signal Synchronization Program and is eligible for partial County funding. Therefore, I would be happy to offer County design services at no cost to your City. Accordingly, I have instructed the Director to work with your staff so that design can begin immediately in order to meet your construction schedule. It is always a pleasure to work with you on these regional traffic mitigation measures. I look forward to the success of this project. Sincerely, DEANE DANA Supervisor, Fourth District County of Los Angeles DD: as cc: T. A. Tidemanson, Director Department of Public Works ATTACHMENT #3 AMENDMENT NO. 1 TO THE CITY'S PROFESSIONAL SERVICES AGREEMENT FOR RECONSTRUCTION/REHABILITATI,ON OF GRAND AVENUE FROM EASTERLY CITY LIMIT TO GOLDEN SPRINGS DRIVE This Amendment No. 1 to the City's Professional Services Agreement is made and entered into this day of , 1994, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and DWIGHT FRENCH & ASSOCIATES (hereinafter referred to as "CONSULTANT"). A. Recitals• (i) The CITY has heretofore entered into an agreement, with Dwight French & Associates to provide professional engineering services with respect to reconstruction/rehabilitation of Grand Avenue from Easterly City limit to Golden Springs Drive, dated October 6, 1992 ("SAID AGREEMENT" hereinafter). (ii) The CITY has requested that the intersection modification on Grand Avenue at Diamond Bar Boulevard and on Grand Avenue at Golden Springs Drive be included into the AGREEMENT. (iii) CONSULTANT has submitted a proposal ("PROJECT" hereinafter), a full, true and correct copy of which is attached hereto as Exhibit "B" to provide design services for the intersection modification on Grand Avenue at Diamond Bar Boulevard and at Golden Springs Drive at a cost of $15,300.00. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: B. Amendment to Agreement: Section B: Subsection 2(a) is hereby amended to read in words and figures, as follows: 112(a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" and "B" hereto and all in accordance with applicable Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY and in accordance with the standard of care normally provided by practitioners of the engineering profession." Section B: Subsection 3(a) of the original agreement is hereby amended as follows: 113(a) To pay consultant a maximum sum of Sixty One Thousand dollars and no cents ($61,000.00) for the performance of the services required by the original agreement and the supplemental agreement." Each party to this Supplemental Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Supplemental Agreement shall be valid and binding. Any modification of this Supplemental Agreement shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as of the day and year first set forth above: CONSULTANT: DWIGHT FRENCH AND ASSOCIATES John Whitman President APPROVED AS TO FORM: CITY OF DIAMOND BAR City Attorney City Manager DATE: C:\WP60\LINDAKAY\AGREE-94\DFAAMD-1.419 April 14, 1994 Mr. David G. Liu Senior Engineer City of Diamond Bar 21660 E. Copley Drive Suite 190 Diamond Bar, CA 91765 Subject: Engineering Services for Two Intersections - ive Grand Avenue and Diamond den Bra gBoulevard d ins Dr Grand Avenue and WIGHT RENO ASSOCIATES E■an� Dear David: Based on our telephone conversation on Monday, March 28, 1994, Dwight French & is pleased to present this proposal for engineering services at the Associates, Inc. (DFA) two subject intersections. the following tasks. Our understanding of the work necessary is represented by TASK 1 CONCEPTUAL STRIPING PLAN Ian for both intersections for City to DFA will develop conceptual striping p review and comment. TASK 2 DEVELOP PRELIMINARY STRIPING PLAN ase on City's review comments DFA will develop preliminary striping plan and submit to the City. We understand the City will forward this information the traffic signal design person. TASK 3 DEVELOP INTERSECTION IMPROVETask 1 and 2, ENT PLAN we will develop the Based on the results generated intersection improvement plan. y Suite 140, Diamond Bar, California 1470 South Valle91765 Vista Drive, a ■ (909) 860-3566 I'as No. () 860-3476 ■ ---_-- _ — DWIGHT FRENCH & ASSOCIATES TASK 4 PERFORM HYDROLOGIC ANALYSIS & DEVELOP STORM DRAIN PLAN Based on the intersection plan, we will relocate the catch basin, perform hydrologic analysis and develop storm drain plan per Los Angeles County Standards. EED FINALIZE STRIPING & SIGNING PLAN DFA will finalize striping and signing plan per review comments from the City. CONSTRUCTION COST ESTIMATE Based on the intersection improvement plan and storm drain plan, we will calculate construction costs and incorporate into the Grand. Avenue Project. The fixed fee cost by task is as follows: Task 1 Conceptual Striping Plan $ 2,040 Task 2 Preliminary Striping Plan 960 Task 3 Intersection Improvement Plan 5,800 Task 4 Hydrologic Analysis and Storm Drain Plan 4,500 Task 5 Finalize Striping & Signing Plan aoo Task 6 Construction Cost Estimate 1.200- TOTAL FEE: $15,300 If you have any questions or wish to discuss, please call me. Thank you. Sincerely, John C. Whitman \prop1b454rev.hYP President I INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: ✓Mayor and City Council FROM: Terrence L. Belanger, City Manager SUBJECT: ENGINEERING DESIGN SERVICES DATE: April 28, 1994 The attached information is being transmitted for your review. If you should have any questions, please let me know. nbw attachment INTEROFFICE MEMORANDUM DATE: April 26, 1994 TO: Honorable Mayor and Members of the City Council VIA: Terrence L. Belanger, City Manager FROM: George A. Wentz, Interim City Engineer David G. Liu, Senior Engineer SUBJECT: Engineering Design Services for the Intersection Modification on Grand Avenue at Diamond Bar Boulevard and at Golden Springs Drive As part of the Grand Avenue Traffic Signal Synchronization/Arterial Improvements Project, the intersections of Grand Avenue/Diamond Bar Boulevard and Grand Avenue/Golden Springs Drive will be modified in order to optimize traffic circulation and to improve the level of service. The project as proposed would optimize handling of traffic through the intersections. Staff is not proposing to add any additional thru lanes on Grand Avenue. Rather, the emphasis will be on construction changes that would benefit traffic at the intersection. The original Grand Avenue Resurfacing Project design was for a maintenance/overlay project design. This project if completed requires full redesign of each intersection. The improvements previously highlighted in the staff report include: ON GRAND AV9NUE AT DIAMOND BAR BOULEVARD A. Easterly Approach of Grand Avenue: (a) Relocate the curb and gutter approximately 2' back for about 550' on either the northerly side or both sides of Grand Avenue. This modification could either provide a third through lane or a right -turn lane for northbound traffic., (b) Relocate the existing median further south to improve the traffic flow and modify said median to provide greater storage capacity for left-turn/southbound traffic. INTERSECTION MODIFICATION April 26, 1994 Page Two B. Westerly Approach of Grand Avenue: (a) Relocate the curb and gutter approximately 2' back for about 300' on either , tsoutherly oi.icati n could oth leither Grand Avenue. Ags of ain, provide a third through lane or a right -turn lane for the southbound traffic. (b) Relocate the existing median further north to improve the traffic flow. ON GRAND AVENUE AT GOLDEN SPRINGS DRIVE A. Easterly Approach of Grand Avenue: (a) Lengthen and accommodate dual left -turn pockets for southbound traffic. B. Westerly Approach of Grand Avenue: (a) Relocate/modify existing median to create a dual left - turn pockets for the northbound traffic. C. Southerly Approach of Golden Springs Drive: oximately (a) Relocatet 4 ng to accommodate thasterly curb ande left turnrmove°ments 12 for about 4 00 from Grand Avenue and to accommodate the right -turn lane. The preliminary engineer'sOOOlande$466r000he At the requestabove nof improvements is between $368 , City staff, Dwight French and Associates has submitted the attached proposal for the intersection n oGrandn. eAvenuelResurfacing cation W211 be done and incorporatedas part of the Project. The proposed fee of $15,300 is 3-4% of the estimated construction cost. If approved, this w 611000.1ect a However, itrease in should be hnotedtthat amount from $45,700 to $61,000. the original contract amount of $45,700 is for the design services of Grand Avenue Resurfacing Project. The synchronization project could be constructed without the intersection improvements e a ng pro at the intersections posed. However, thiwould add or at best not mitigate g estion Attachment C:\WP60\LINDAKAY\INTERSEC.MEM W7GiiT FRENCH & AS,�vCIATES TASKS PERFORM HYDROLOGI00 ANALYSIS & DEVELOP STORM DRAIN PLAN Based on the intersection plan, we will relocate the catch basin, perform hydrologic analysis and develop storm drain plan per Los Angeles County Standards. FINALIZE STRIPING & SIGNING PLAN DFA will finalize striping and signing plan per review comments from the City. TASK 6 CONSTRUCTION COST ESTIMATE Based on the intersection improvement plan and storm drain plan, we will calculate construction costs and incorporate into the Grand Avenue Project. The fixed fee cost by task is as follows: Task 1 Conceptual Striping Plan $ 2,040 Task 2 Preliminary Striping Plan 960 Task 3 Intersection Improvement Plan 5,800 'Task 4 Hydrologic Analysis and Storm Drain Plan 4,500 Task 5 Finalize Striping & Signing Plan 800 Task 6 Construction Cost Estimate 1.200 TOTAL FEE: $15,300 If you have any questions or wish to discuss, please call me. Thank you. Sincerely, John C. Whitman President \ xop%4Urev.hyp April 14, 1994 Mr. David G. Liu Senior Engineer City of Diamond -Bar 21660 E. Copley Drive Suite 190 Diamond Bar, CA 91765 Subject: Engineering Services for Two Intersections - Grand Avenue and Golden Springs Drive and Grand Avenue and Diamond Bar Boulevard Dear David: �WI. HTS }} ���.. REN I•H�: lASSOCIATES Profeseiooa[ Civil EneerinE Based on our telephone conversation on Monday, March 28, 1994, Dwight French & Associates, Inc. (DFA) is pleased to present this proposal for engineering services at the two subject intersections. Our understanding of the work necessary is represented by the following tasks. 11 TASK 1 TASK 2 11 TASK 3 CONCEPTUAL STRIPING PLAN DFA will develop conceptual striping review and comment. plan for both intersections for City to DEVELOP PRELIMINARY STRIPING PLAN DFA will develop preliminary. striping plan base on City's review comments and submit to the City: We understand the City will forward this information the traffic signal design person. DEVELOP INTERSECTION IMPROVEMENT PLAN Based on the results generated from Task 1 and 2, we will develop the intersection improvement plan. INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Councilwoman Eileen Ansari RE Council Sub -Committee For Library Services DATE: April 19,1994 ISSUE - Shall the City Council establish a sub -committee of the Council for library services liaison and related matters? RECOMMENDATION: It is recommended that the Mayor appoint a Library Services sub -committee of the City Council, comprised of two members of the Council. DISCUSSION• The community of Diamond Bar is provided library services through the County of Los Angeles Library District. The District has suffered significant reductions in revenue, as a consequence of State of California legislation which has shifted property taxes, from County revenues, thereby s. adversely affecting the full funding of library e The City recently provided short-term (March through June funding support to the Library District to add two days of library services, to the three days of County funded services. There continues to be a need to communicate with the County, the Library District, library user and support groups, other cities and the State legislature regarding the future provision of library services. A Council Library sub -committee is an effective mechanism to accomplish such objectives. TO: Diamond Har City Council n FROM: Ratan & Tucker Z- -� S DATE: March 1, 1994 RE: Public Records Issue G7 G? C I , INTbtODUC'TIaN • Z-5 This office was requested by the Interim City Attorney to follow up on our previous opinion regarding the public record status of Councilmember Gary Miller's personal financial documents which were used in the formation of a "no conflict' opinion by the former City Attorney. There appears to be two major issues involved. The first issue in whether such records are "public* for the purpose of dissemination to the general populace. The second issue is whether such records would be available for review by the other members of the City Council. These issues are discussed separately below. r previous opinion that a city attorney's 1. We reiterate ou review of personal financial doeuMAts of a councilmember for the purpose of rendering a conflict of interest opinion does not necessarily serve to transform these documents into "public records" under the public Records Act. As p reviously noted, the Act provides a "catch-all" exception to public disclosure requirements if there is no applicable statutory exception. This exception states that a document is not subject to public disclosure if "on the tacts of the particular case the public interest served by not making the record public clearly outweighs PS112W114U;-M1U060M- OSM194 obtains personal financial documents from the subject individual. The FppC does not consider such documents aa automatically becoming Public merely because they Were used in forming the opinion. pppC file documents are segregated into "disclosure" and "nondisclosur • categories for the e purpose of public Records Ace. re Turvtll stated that financial requests. MIS. records which are already public, such as the Statement o! Economic Interests filed by all Officers, are disclosed b .Public Y the FppC. However, personal financial documents which are not normally subject to public disclosure, such as personal checker, personal transaction records, or tax returns, are most often not considered subject to disclosure under the Public Records Act and are placed in the 'nondisclosure" portion of the file. Therefore, even if this matter had been subject to a full investigation and opinion by the FPPC, it is likely that the documents at issue would not be subject to public dissemination. In the present situation the question of whether the documents reviewed by the former City Attorney are public is now moot because the City does not even have possesseioa of any of those documents and has no way of responding to a Public Records Act .request. If the documents are subsequently revealed to the present City Attorney, we believe that they would still not be subject to disclosure to the public at large under the public Records Act for the reasons previously stated. a• The second issue is whether information revealed to a city attorney by one councilmember must be revealed to the other members of the council. There are differing views on this issue, and there does not appear to be any case law directly on point. FMUW1S41;9-MVZWA% (80,u -3- LAW OFFICES MICHAEL B. MONTGOMERY A LAW CORPORATION The City Council, at its meeting of February 15, 1994, decided to take you up on your generous offer to, "discuss this matter further if the Council so desires As I discussed with Leonard on the phone, there is no dispute with your opinion, so far as it goes. Certainly the mere fact that a writing is in the possession of the public, does not make it a public record, nor does the mere fact that the City Attorney happens to review it. One point is significant, and that is that the question may well be moot. Mr. Arczynski's letter of February 1, 1994, states, " . . . if I had the documents, I would not divulge the same; however, since I do not, the point is somewhat academic, is it not?" My inquiry was not concerned with the subject matter of the documents, but simply whether or not the documents were public records. Along that line, at least two unanswered questions remain: 1. If the City Attorney happens to review the documents in his official position as City Attorney, by a Councilmember who intends to, and then does, rely and act on the City Attorney's opinion re conflict of interest, and at public meetings, then is the populace at large entitled to review the documents upon which the City Attorney, based his opinion of "no conflict"? You may wish to add to the quotient the fact that the votes in this case could affect the permanent nature and character of the community in that the issues involved general plan adoption and major discretionary land use permits for major developments; and Memorandum\Hemphill\owan Page 1 OF COUNSEL 13200 CROSSROADS PARKWAY NORTH MATTHEW C. BISHOP SUITE 350 ALAN R. BURNS CITY OF INDUSTRY, CALIFORNIA 91740 JOHN ROBERT HARPER' TELEPHONE (310) 90&1650 FACSIMILE (310) 906-1854 NAPA COUNTY OFFICE 1475 FOURTH STREET NAPA, CALIFORNW 94659 ALSO ADMITTED TO FLORIDA (707) 2568000 AND HAWAII STATE BARS MEMORANDUM ORANGE COUNTY OFFICE 453 S. GLASSELL STREET ORANGE, CALIFORNIA TO: Leonard Hemphill 92EA8 (714) 771.7726 Robert Owen 'NKFESSONAL COF om„om FROM: Interim City Attorney WENDY D. DAWER DATE: February 18, 1994 RE: Your Public Records Opinion of February 15, 1994. The City Council, at its meeting of February 15, 1994, decided to take you up on your generous offer to, "discuss this matter further if the Council so desires As I discussed with Leonard on the phone, there is no dispute with your opinion, so far as it goes. Certainly the mere fact that a writing is in the possession of the public, does not make it a public record, nor does the mere fact that the City Attorney happens to review it. One point is significant, and that is that the question may well be moot. Mr. Arczynski's letter of February 1, 1994, states, " . . . if I had the documents, I would not divulge the same; however, since I do not, the point is somewhat academic, is it not?" My inquiry was not concerned with the subject matter of the documents, but simply whether or not the documents were public records. Along that line, at least two unanswered questions remain: 1. If the City Attorney happens to review the documents in his official position as City Attorney, by a Councilmember who intends to, and then does, rely and act on the City Attorney's opinion re conflict of interest, and at public meetings, then is the populace at large entitled to review the documents upon which the City Attorney, based his opinion of "no conflict"? You may wish to add to the quotient the fact that the votes in this case could affect the permanent nature and character of the community in that the issues involved general plan adoption and major discretionary land use permits for major developments; and Memorandum\Hemphill\owan Page 1 _GW MICHAEL B. MONTGOMERY 2. If the City Attorney represents the Council, as a body, who holds the privilege of confidentiality? My initial opinion of January 6, 1994, was very brief,_ as I did not expect the issue to be elevated to the level of its present concern. I based that opinion on an extension of Ward, which I believe is the current trend. Let me recite some of the passages from papers presented at the City Attorney's division at the last League meeting in October 1993: 1. . the city attorney's communications with staff members cannot be kept secret from supervisors and that communications with individual members of the city council cannot be kept confidential from the full city council. It is important that each city official fully understand this principal in order to avoid misunder- standings." 2. "City officials must understand that their communications with the city attorney are not protected from disclosure to supervisors within the organization. Even though this knowledge may in some situations preclude frank conversations with the city attorney, it is import- ant that this fact be communicated to staff members or members of the city council before a staff member or members of the city council have a communication with the city attorney that the person incorrectly believes will be kept confidential." 3. "The practice of some city attorneys to advise their councils that they will not disclose to the council itself any conflict of interest advice which has been given to an individual council member thus appears to be in direct violation of this Rule [3-600].", For the foregoing reasons, I declined the offer of Coun- cilman Miller to review his copies of the documents, because I felt I would not be able to maintain his condi- tion of confidentiality. Councilman Harmony has requested that if your ultimate opinion differs from mine, that statutory or decisional authority be provided for reference. cc: City Manager City of Diamond Bar M am o f a n d u m\ H w m p►i i L 1\C -JW", Pages 2 _ ��;C!/Cn///uc�7, �I ���4. �72.f1r12� C� •J/!�� Michael Montgomery 13200 Crossroads Parkway Suite 350 Industry, California 91786 NUMBER CNE C,V'C CEN'ER P O BOA 059 BREA.CALiFORNIA 92622- J59 r,7I41 990-09C TELEPHONE �1 j101 6 38' n 9113 FOOTHILL W&LEVA p SUITE 200 _< RANCHO CUCAMOHGA. � ft IFORiM�%7 TELEPHONE ti9op�3BI-oils' •C - r IN R[PLT PLEAS'tRCFEvPr3 C 77 Brea.. c1t n M Re: Your correspondence of January 6, 1994 Dear Mr. Montgomery: It is the purpose of this correspondence to respond to yours of January 6, 1994, which appears to "relay" some sort of public record request from one Terri Birrell pertaining to documents and records with regard to the non -issue of Diamond Bar Councilmember Gary Miller's involvement in the somewhat euphemistically titled "South Pointe Master Plan." As you are undoubtedly well aware, Mr. Miller, at one time, had an interest in a portion of the real property within the South Pointe Area. Having divested himself of any interest in the subject property well over one (1) year prior to the project application being filed, I provided the quite unremarkable opinion that, pursuant to the requirements and strictures of the Political Reform Act of 1974 (California Government Code §4 87000, st seq.), the provisions of which I understand you are passing familiar, Mr Miller had no conflict under the law. As a result of that divestiture, and the time frame involved, it was abundantly clear to all that Mr. Miller had no conflict of interest. Yet, in an attempt on his part to ensure that "politics" did not enter the fray, Mr. Miller clearly and unequivocally announced to all and sundry that he simply would not participate in the deliberations on the project. In fact, as your self-styled "citizens group" client must recall, Mr. Miller even went so far as to totally absent himself from meetings at which it was discussed (and, while Mayor, handing over the gavel to the Mayor Pro Tempore). Those actions on the part of Mr. Miller were not only unavailing, they were virtually counterproductive. In hindsight, if Mr. Miller was to be subject to the personal abuse, venomous attacks and JAMES :. MARKMAN AN OREW V. ARCZYNSKI RALPH O. HANSOM JEFFREY KING O. CRAIG SCA WILLIAM P CURLEY M MARSHA G. SLOUG' JULIA A, KEMP PAMELA P. KING HERIBERTO F. OIAZ .February 1, 1994 BONNIE BA14EY-JONES Michael Montgomery 13200 Crossroads Parkway Suite 350 Industry, California 91786 NUMBER CNE C,V'C CEN'ER P O BOA 059 BREA.CALiFORNIA 92622- J59 r,7I41 990-09C TELEPHONE �1 j101 6 38' n 9113 FOOTHILL W&LEVA p SUITE 200 _< RANCHO CUCAMOHGA. � ft IFORiM�%7 TELEPHONE ti9op�3BI-oils' •C - r IN R[PLT PLEAS'tRCFEvPr3 C 77 Brea.. c1t n M Re: Your correspondence of January 6, 1994 Dear Mr. Montgomery: It is the purpose of this correspondence to respond to yours of January 6, 1994, which appears to "relay" some sort of public record request from one Terri Birrell pertaining to documents and records with regard to the non -issue of Diamond Bar Councilmember Gary Miller's involvement in the somewhat euphemistically titled "South Pointe Master Plan." As you are undoubtedly well aware, Mr. Miller, at one time, had an interest in a portion of the real property within the South Pointe Area. Having divested himself of any interest in the subject property well over one (1) year prior to the project application being filed, I provided the quite unremarkable opinion that, pursuant to the requirements and strictures of the Political Reform Act of 1974 (California Government Code §4 87000, st seq.), the provisions of which I understand you are passing familiar, Mr Miller had no conflict under the law. As a result of that divestiture, and the time frame involved, it was abundantly clear to all that Mr. Miller had no conflict of interest. Yet, in an attempt on his part to ensure that "politics" did not enter the fray, Mr. Miller clearly and unequivocally announced to all and sundry that he simply would not participate in the deliberations on the project. In fact, as your self-styled "citizens group" client must recall, Mr. Miller even went so far as to totally absent himself from meetings at which it was discussed (and, while Mayor, handing over the gavel to the Mayor Pro Tempore). Those actions on the part of Mr. Miller were not only unavailing, they were virtually counterproductive. In hindsight, if Mr. Miller was to be subject to the personal abuse, venomous attacks and Michael Montgomery February 1, 1994 Page Two vituPArative slurs of members of the probably should have participated. public in an y event, he Your desire to serve as a conduit to the a Purported Public Records public under 6250, et seq.J requestAct (California Government Code §§ representing cities Californialexes mwho considers no attorney files to be available to the or Records Act. public under the California public thereunder strkeSrmeuas that such files are available Public ht nothing else, eviscerate the salute of follY and would, if attorney-client privilege, Moreover, Purposes of the who have some chimerical need to to simply share, with all public official, the most rummage in the affairs of a returns and the like Personal of documents safeguarding is the antithesis of the documents, tax attempt g of a client's matters required of those of p to honorably engage in the profession of law. us who As I have stated, with some frequency Councilmembers (including Messers. Harmony and Werner) erstwhile cliets Mz. auricular matters with I will not Ahaari and the morel inquisitive do not, share such espouse a "need to " Y who' ability to know • To do so would set at naught the provide thoughtful counsel to those ro same. We take on faith that clients to forthright You would not remonstraateiyou=he documents necessa g Y and candidly Share all of tho facts and lot, all .the while to a thoroughgoing analysis of the clients aggregate thereof to anln hothat you will simply divulge the doubtless, produce a client unwiilling to impart, true state of approach would, in the the !acts since, perforce, all will benkly, the be reducedtobsurdityin a the Postulate for candid analysis that what isated otherwise, is lee's client cannot feel secure seems little, if an lawyer goes no further, simply pride a factual nt� ere to the exercise. Thnthwill the best light or, worse, pwillnenshroudtation hat Puts him or her in with the deleterious effects as have been visited upon others unable or unwilling �® pertinent data all truth.. The w g to confide in their Counsel theunvarnishedprovision of an ndlesslstream,ofhhomiliesec=cod to the dollop of twaddle thrown t for truisms, with a good measure. Michael Montgomery February 1, 1994 Page Three Leaving all of that aside, as manifestly statedto your client, Max Maxwell,.in September of the year last pa all of the dndunottretainedebybthris.officeMiller forwere reasonsreturned which Mr. Miller an should be abundantly clear, even to those who seek the documents. To assert that this office "lost" the same is laughable and requires no further response.. In summary then, if I had the documents, I would not divulge the same; however, since I do not, the point is somewhat academic, is it not? Very ly yours,, Andrew V. Arczynski AVA:clf C\1011\LMONTG cc: Councilmember Gary Miller bcc: Terrance Belanger, City Manager u►w Ory crs MICHAEL B. MONTGOMERY A LAW COWRATON lY Cf0006A0AOS PAWWAY NORTH sm !!0 MY OF MOLS N. C&FORNM 01744 TELEPNW We WiNo FACOME x+ IM 1001 MLORANDUM ALSO AW"M TO Ft 0100A AND HAWU STATE OARS TO: Mayor and Members of the City Council City of Diamond Aar THROUGH: City Manager FROM: Intorlm City Attorn /r DATY: January 8, 1994 SUBJECT: Separate Legal Opinions Of COUNSEL MATTMEW C. OISMOP ALAN R. 6URN8' JOHN R46ERT WPER' NAPA WUNTY OFFICE 1176 FOWTH OTREEI NAPA. CALIF000 04M M 2ft4W 2ff1�f QE COUNTY OFFICE ASS S. GLA86Eu STREET CWVA E. CAUFORNu 686M (710) 77 x •7720 WOLA "K eoMmand WENOY 0. OAWER I havo received the enclosed request for an opinion from Couneilmember Papen. I am responding to the Council as a whole, because I am unclear of the Council's policy re individual opinion requests. First, responding tq Yrs. Pepen's question, the appellate decision in Ward v. Su erior Cont, 1977, 70 Cal. App.3d 239 138 Cal. Rptr. 532, provides t t�t :erg can be no separate attorney-client relationship between the public agency attorney and each separate officer. As stated at pap 330 "He in no wise represents the officers personally." Therefore, there is no attorney-olient relationship botween the attorney and the individual members ot the council. No such relationship existing, any records given to me in my capacity as City Attorney, would of necessity have to be turned over to the City Clark. As to the nomad part of the request, persomwi and disciplinary matters are "cwt from disciosura, where the release "would coaxtitute an unwarranted invasion of personal privacy." GovOMORt Code IM. I ash the council to clarify whether or not the City Attorney is expeated to respond to individual opinion requests. n=D THIS DATE TO: Michael xontgomery, Interim Cit ttorney MCNI Phyllis Papen, Councilmmbe y� DATE: January 5, 1991 SUBJECT: Attorney -Client Privilege of Councilaambers CC: Terry Belanger, City Manager At the coaolusion Of last ni ht's council meetin or rather early this morning (approx. 3:OSamf, Xr. 8asmony raised an issue regarding attorney client privilege for councilaspbers. Please providd the council with the bec kground intossation, a discussion of the issue, your opinion_ and code section, etc. that would support your opinion. If I understand your statement, Councilmesibers proprietary Personal,. business or financial informsation is not confidential. Does this also apply to personnel files? Disciplinary actions? JAM(: L. MAR 0MAN ANOR(W V. ARCZYNSx1 RALPH O. MANSON J(rrR(Y KING 0. CRAIG rOx WILLIAM P. CURLCY MARSHA G.SL000M JULIA A. REM• PAMELA P RING "CRISCRTO r OIAZ September 24, 1993 SONNIC BAILCY•JONCS Max Maxwell 3211 Bent Twig Lane Diamond Bar, California 91765 Re: Yours of August 10, 1993 Dear Mr. Maxwell: """M OMC CIVIC CENTER CIRCLE P.O. six 1069 •RCA. CALIFOR(((NIA 92622.1069 TCLCPHON( 117111 990.0901 117101 6 9 1.361, 9117 rOOTMILL 90ULEVARO SUIrC 200 RANCHO CUCAMONGA.CALIrORNIA 9 730 T[LEPMON[ 190!1 ISO -2742 X19091 761-0216 IN RCPLY PLEAS( R(rCR T0; Brea This correspondence in response to 10, 1993 with regard to a requestYours 'o! August Mayor Millers alleged conflt!linterestmconceringath�ng to South Pointe project. withwith Mr. eliinarily, let me point out that I have spoken Montgomerywith regard to corresponding with you, that heyhas nnoMconcerns with On September 22, 1993, indicated Additionally, it must be note dythateyo� oorriapc denCeiwasyou. directed to me at the City Hall. p� maintain an office presence at you may know, I do not daily basis and, accordingly, the ,Diamond Bar City Hall on a location is collected b g y' mail directed to me at that to me. Unfortunately, y the City Clerk's office and forwarded received by the undersignedletter until shortlyu Augusttember 9, was not 1993. with advised that havelrevieWedrtherfilesto y pertaining Millers interests, or more a query, please be P icing to Mr. vis-a-vis the South Pointe ariaroPriately, lack thereof, is consiMred by this office to baAattornou may know' the matter as to a= information presented to me b r.client privileged additio�Xly, any information Y Mr. Miller and, Miller with regard to the to.lcr°aided by this Office to Mr. However, Mr. Miller has specificallyuirstructedestion or rmeatod topics. correspond with you on the topic and to provide whatever max 3.111 Bentejl Diamond Bar, Ln. 714 861-4121 CA 91765 Andrew ArCzynski, City Attorney City of Diamond Bar 21660 E. Copley Dr., Ste. 100 Diamond Bar, CA 91765 August 10, 1993 Dear Andrew Arczynski; I am requesting to g copies of the information havinga Your Office that clearly Mayor Gary Miller conflict of interest in states his position on not the R -N -P Development Inc. the South Pointe Master Plan, or properties. Gary Miller stated publicly that this information is ave' Your office many months information, however all ago. I have already ilable from 5� 1993 addressed to Co the Cit Y asked for this Y Jahn me is a letter dated January stated his position as: ��iman John Forbinq, where Ga my city Council colleaguesPurpose of this letter is to Miller inform involved in either that I have made a decision to not be one of the maps has • Processing of nor the decisions relating to a part of thSouth Points Maen sthriPled (Map No. VTM 51407 that is The above statement is Potential conflict o! interest a clarification of Of supplying to the , nor does it meet Gary Miller's public enough material to clarify requirements iss e. J a Y the issue. Please forward the material that Ga the above letter is all that exists, rY Miller has submitted. If clarify the matter. , Please respond in writing to Thank you, c� Max Maxwell lAT-P4W"CY W.63 Max Maxwell September 24, 1993 Page Two information I may have in my possession which he has to me. Accordingly, Mr. Miller has instructed me, PrO"ided withlyoutregaranding dingthe the tmatterclient privilege, to correspond My review Of our files reveals that the information Provided to me by Mr. Miller was returned to destroyed by this office Mr. Miller or after review b Stated otherwise, it is not m y the undersigned. personal, confidential not eitheofpr to osmaintain individual nature with regard to cr r interest matters. I typically retlients on conflictof request of the urn such documents or, at the client, destroy the same in order to any inadvertent release of personal, Preclude information. Accordingly,P private and privileged request, this office denotemaintainytha matWith erial to hur supplied to us. was Very truly yours, rew V. Aresynski City Attorney AVA/nlc City of Diamond Bar N\1011\LMAXWELL\DB 28.1 cc: Mayor Gary Miller (transmitted'by fax) MEMORANDUM TO: DIAMOND BAR CITY COUNCIL FROM: SISTER CITY SUB -COMMITTEE (MAYOR WERNER & COUNCIL MEMBER ANSARI) PREPARED BY: MAYOR WERNER SUBJECT: DESIGNATION OF SISTER CITIES DATE: APRIL 29, 1994 On April 22, 1994, Council Member Ansari and I met at a duly noticed meeting of the Sister City sub -committee. At this meeting the Sub -Committee considered: Program objectives in establishing a sister city; Review and consideration of the establishment of Sister City status with Bucharest, Romania Presentation by Mr. Michael Li, of Congressman Jay Kim's office, recommending the establishment of a Sister City with the City of Haicheng, China. RECOMMENDATIONS 1. No cost to the City of Diamond Bar - It is the Committee's recommendation that local not-for-profit groups be established from interested residents, business owners or community associations who would participate in the cultural exchange associated with the Program. Such group(s), each of which might be comprised of members sharing the same cultural background or country of origin, would be responsible to provide the funding as may be necessary to participate in the program. The objective is to avoid the use of City revenues for participation in the program. There may be more than one Sister City and therefore more than one support group established. 2. Adopt the City of Bucharest, Romania as a Sister City - Attached are materials that have been presented by Ms. Angie Thomson and Pastor Bob Clayton. Pastor Clayton has established a local support group for an international relief effort that has been spearheaded by Ms. Angie Thomson in cooperation with the Bucharest City Council. The project is a humanitarian effort directed to the multitude of "street children" in Bucharest who are living in severely desperate and unhealthy conditions. The City of Diamond Bar would serve as a point of central collections and support to Ms. Thomson's efforts abroad. A video presentation has been prepared and includes footage from Ms. Thomson's recent visit to Bucharest in April, 1994. The Sister City sub -committee recommends the City of Diamond Bar adopt the City of Bucharest, Romania in support of this relief effort and future cultural exchanges and potential economic opportunities. 3. Adopt the City of Haicheng, China - Attached are materials presented by Mr. Michael Li recommending the adoption of the City of Haicheng, China, as a Sister City. The adoption of Haicheng as a Sister City does not foreclose the opportunity to establish similar relationships with other cities from China or other Asian countries. The establishment of Haicheng as a Sister City is seen by the sub -committee as having potential for immediate cultural and economic development opportunities between our two communities. The sub -committee is continuing in our efforts in following through with the recommendations suggested by the previous Sister City Sub -Committee. This includes: A. Citywide Survey - The Sub -Committee recommends that in the next available quarterly City Newsletter, the Sub -Committee would present a series of questions to the community requesting input on: (a) community interest in participation in the Sister Cities program; (b) Interest in the establishment of not-for-profit Sister City groups to absorb the cost of the City's participation in the program; (c) and other related concerns. B. Committee Continuation - The work of the Council's sub -committee should be continued in the spirit of community participation and interactive relationships. It is suggested that, if the above recommendations are followed, the next steps in the establishment of a Sister City Program would require the Sub -Committee's outreach to community organizations, businesses, and residents to identify support for the above recommended and other Sister City candidates, methods of funding, and other particular details. AGENDA ITEM NO. 9.1.1 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 3, 1994 REPORT DATE: April 28, 1994 FROM: Frank M. Usher, Assistant City Manager David G. Liu, Senior Engineer TITLE: Engineering Services Contract For the Development and Implementation of a Pavement Management System SUMMARY: In accordance with the requirements of Proposition 111 for State Gas Tax Fund and the criteria stipulated by the Proposition C Local Return Guidelines, local jurisdiction must certify that it has in place a pavement management system (PMS). This is to foster the cost-effective use of public funds prior to expending Proposition C funds. The system needs to provide an overview of the condition of the total street system, a means of documenting street maintenance/rehabilitation needs, and a means of rationally prioritizing the street improvement projects in terms of needs and cost-effectiveness. To accomplish this work, it is necessary to retain the services of a qualified engineering firm. In response to the City's Request for Proposal, the Selection Committee received and evaluated four (4) proposals for said services. RECOMMENDATION: It is recommended that the City Council award a professional engineering services contract to Dwight French and Associates in an amount not -to -exceed $37,020.00, plus a contingency amount of $3,000. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) Bid Specifications (on file in City Clerk's office) Ordinances(s) X Other: (ATTACHMENTS 1-2) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: REVIEWED BY: Ve-rr'ence L. Aelanger Frank M. Usher "David G: Liu City Manager Assistant City Manager Senior Engineer C:\WP60\LINDAKAY\AGENDA-9\PMS.503 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 3, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Engineering Services Contract For the Development and Implementation of a Pavement Management System ISSUE STATEMENT: The City desires to development and implement a pavement management system. To accomplish this work, it is necessary to retain the services of a qualified engineering firm. RECOMMENDATION: It is recommended that the City Council award a professional engineering services contract to Dwight French and Associates in an amount not -to -exceed $37,020.00, plus a contingency amount of $3,000. FINANCIAL SUMMARY: For FY 1993-94, $55,000 Proposition C Fund has been budgeted for the development and implementation of a pavement management system. BACKGROUND/DISCUSSION: In conformance with the requirements of Proposition 111 for State Gas Tax Fund and the criteria stipulated by the Proposition C Local Return Guidelines, local jurisdiction must certify that it has in place a Pavement Management System (PMS). This is to foster the cost-effective use of public funds prior to expending Proposition C funds for street repair and maintenance on streets heavily used by public transit or on bikeways. This requirement for a PMS is consistent with the PMS required by Proposition 111 (Streets & Highways Code Section 2108.1) and must meet the following criteria: 1. Inventory of existing pavements including, as a minimum, arterial and collector routes, reviewed and updated biennially. 2. Inventory of existing class I bikeways (Bike Path), reviewed and updated biennially. CITY OF DIAMOND BAR PAVEMENT MANAGEMENT SYSTEM ENGINEERING SERVICES PAGE 2 3. Assessment/Evaluation of pavement conditions including, as a minimum, arterial and collector routes, reviewed and updated biennially. 4. Identification of all sections of pavement needing rehabilitation or replacement. 5. Determination of budget needs for rehabilitation or replacement of deficient sections of pavement for current and following biennial period(s). As can be expected, a computer-based pavement management system will provide the following: • A means of documenting street maintenance/rehabilitation needs and a basis for organizing and planning the City's street maintenance/rehabilitation program. • An overview of the condition of the total street system. • A means of rationally prioritizing the street improvement projects in terms of needs and cost- effectiveness. In Attachment 1, staff has identified the goals and objectives of implementing a pavement management system for the City. On February 2, 1994, staff initiated a request for proposal (RFP) to retain an engineering firm to develop and implement a pavement management system. In response to the RFP, a total of four (4) proposals were received and evaluated by the Selection Committee. The Selection Committee consisted of two (2) staff members, Frank Usher and David Liu, and Commissioner of the Traffic and Transportation Commission, Todd Chavers. Based on the proposals, the Committee invited all four (4) firms for interview/presentation and further consideration on April 3, 1994 and April 11, 1994. These firms are as follows: • BSI Consultants • Dwight French and Associates • Pavement Management Systems, Inc. • UMA Engineering, Inc. With the goals and objectives established by the City, the Selection Committee needed to identify a system which best fits our needs. Based on the current staffing size, we do not have the ability for a complex system that requires constant attention, a long learning curve or for complex data requirements. Consequently, we need a system that is a proven system, is simple to use, and is easy to access, edit and operate. CITY OF DIAMOND BAR PAVEMENT MANAGEMENT SYSTEM ENGINEERING SERVICES PAGE 3 Upon evaluation of all four firms, an objective satisfaction matrix (Attachment 2) was prepared. This reflects the Committee's objective and qualitative criteria. The Selection Committee unanimously believes that .the system by Dwight French and Associates (DFA), represents the best choice for the City. DFA's system provides the methodology, software, and procedure to meet the goals and objectives established by the City. It should be noted that the system operates entirely within a microcomputer -based system running dBase IV and that the graphics package operates with AutoCAD. The City currently has both of these software programs. Some of the cities that have implemented DFA's pavement management system are Duarte, Laguna Niguel, Temecula, etc. The proposed fee from Dwight French and Associates is $37,020. Development and implementation of this proposed system is scheduled to be completed within seven (7) months from the date of Notice to Proceed. Prepared By: Frank M. Usher David G. Liu C.:\WP60\LINDAKAY\CCR-94\PMS.503 ATTACHMENT #1 GOALS & OBJECTIVES OF IMPLEMENTING A PAVEMENT MANAGEMENT SYSTEM GOALS: • Quantify pavement conditions of all streets. • Determine the impact of budget levels on pavement condition. • Develop a program for annual and 5 -year plans of maintenance and rehabilitation projects. • Establish a system which is compatible with the City's GIS/Mapping System. OBJECTIVES: • Inventory of existing pavements. • Assessment of present conditions of overall street network as well as individual sections. • Projected conditions of overall street network and individual sections. • Identification of individual sections requiring maintenance and rehabilitation in current and future years. • Determination of budget needs to provide an acceptable level of service. • Impact of various budget levels and maintenance options on projected condition of the network. • Preparation of the budget based on the PMS and submission of it to the City Manager/City Council. 0 Provisions for future modifications and improvements to the system. T O n D m 3 m z D r c O z z O O x z m N z mm A c D r D m m m N c M D m to U5I C CAI DI D m � n O I z O D z� l O D I OCr O O O O N O C) N y T e A W Cil oe Ul GS F FSI o 0 O 0 O OD O 00 O r`�-yJy L A A A Cil N 00 N N 00 O M! O O O f � a w m;aC) m DC7 1 D C) M X 0 r r r (0 O N PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of , 1994, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and Dwight French and Associates, Inc. (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional engineering services with respect to the Development and Implementation of a Pavement Management System ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct of copy of which proposal is attached hereto as Exhibit "A" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional engineering services necessary to render advice and assistance to CITY, CITY's City Council and staff in the preparation of Project. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional engineering 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 maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional engineering services as are necessary to be performed by CONSULTANT in order to complete the Project. (c) Completion of Proiect: The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings will be determined by the CITY. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY and in accordance to the standard of care normally provided by practitioners of the engineering profession. 2 (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" to CITY within the time specified by the CITY. Copies of the documents shall be in such numbers as ate required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2.(b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of $37,020 for the performance of the services required hereunder. This sum shall cover.the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, 3 shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within thirty (30) days of receipt of CONSULTANT invoices. The CONSULTANT shall detail the charges by project task number, hours worked, and employee classifications, total not to exceed amount for the project if it is a time -and -material basis project, and percent completed if it is a lump sum basis project. All charges shall be in accordance with CONSULTANT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of g0$ of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than sixty (60) days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within thirty (30) days after said invoices are received by CITY. 4 shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within thirty (30) days of receipt of CONSULTANT invoices. The CONSULTANT shall detail the charges by project task number, hours worked, and employee classifications, total not to exceed amount for the project if it is a time -and -material basis project, and percent completed if it is a lump sum basis project. All charges shall be in accordance with CONSULTANT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 90% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than sixty (60) days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within thirty (30) days after said invoices are received 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. CONSULTANT shall not be held liable for use of such documents by CITY for purposes other than intended by the Agreement. 6. Termination: This Agreement may be terminated by CITY upon -the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of k, termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "A", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: CITY: David G. Liu Department of Public Works City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 CONSULTANT: John C Whitman Dwight French & Associates, Inc. 1470 S. Valley Vista Drive, Ste. 140 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 2-1 mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subconsultant to commence work on a subcontract until all insurance required of the subconsultant has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Workers' Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subconsultants in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers, compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such.provisions before commencing the performance of the work of this Agreement." 7 (b) Public Liability and Prov ama 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, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars ($1,000.000.00) for property damage, bodily injury or death to any one person or for any one accident or occurrence and One Million Dollars ($1,000,000.00) aggregate. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least One Million Dollars ($1,000,000.00) per claim and in the aggregate for errors and omissions („malpractice") with respect to loss arising from actions of CONSULTANT performing the Project hereunder on behalf of CITY. remen (d) Genera Insurance Rea ui - —ts: 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 insured CITY, its elected officials, officers, employees, agents and representatives. All 8 policies shall contain language, to the extent obtainable that: (1) the insurer, except the errors and omissions insurer, waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the negligent, intentional and/or willful acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damaaes: In the,event that CONSULTANT fails to submit to CITY the completed project, together with all documents 2 and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred dollars ($200.00) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 10 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: Approved As To Form: City Attorney ATTEST: City Clerk CONSULTANT: Dwight French and Associates, Inc. Name and Title CITY OF DIAMOND BAR 12 Mayor (j v 21660 EAST COPLEY DRIVE - SUrM 100 DIAMOND BAR, CA 91765-4177 0AQ_5trn-?A89 . FAX 909-861-3117 DATE: May 3, 1994 FROM: City of Diamond Bar, Department of Community Development TO: Property Owners Within 500 Foot Radius and Other Interested Parties SUBJECT: South Pointe Master Plan Referral s f Project Alternatives to the Planning In May of 1993 the Planning Commission concluded its review 1 f the South Pointe Master Plan (SPMP) by recommending app of all its components to the City Council. The City Council has referred the project, pursuant to GovernmentSection 65857, Code to Planning Commission for a report and recommendation on two recently proposed project alternatives. The Planning Commission will consider the matter on Monday, May 23, 1994. The public meeting will be held at the South Coast Air (SCAQMD) auditorium located 21865 E. Quality Management District in at 7:00 p.m. Attached to and be Copley Drive, Diamond Bar, g proect and this letter are maps whichillustrate therd isroposed zed7within the the alternatives. project attached City Council public hearing notice. The alternatives are outlined as follows: Alternative 1 - North South Can onreservation An alternative to the proposed project has been proposed for consideration and is designed to encourage the preservation of the Sandstone on area for open mace purr„Pos., The concept 1 involves Arciero and Sons Tract Map No.32400) trading their property, located east of the middle school, for the west�roler�5± acres of the RNP Development, Inc. (Tract Map No.5site and p P y• Arciero would d 103 evelop fromsBreaon t road aCanyon Road to the middle include a new road ahe former RNP the excess earth scheduled school. The proposal would incorporate for export from the school site. (Please see Alternative No. 1) nor their RNP would not build upon southroRNPf s offerormer lof,dedication of this remaining acreage to thewould be conditioned 75+ acre Sandstone Canyon site to the City, ert upon the removal of owned existing map restrictions on prop 1'' went by RNP, located adjacent to Grand Aven would•beAsrubjectto all City proposal for the Grand regulations ansnwould be submitted for reviewpatal rview na• for pllater date. Subdivision pl Gary G. Miller Phyllis E. Papen Eileen R. Ansari Gary H. Werner Clair W. Harmony Councilmember Councilmember Councilmember Mayor Mayor Pro Tem RECYCLED PAPER Potential benefits of this proposal include, but are not limited to, the facilitation of the school construction, preservation and dedication of Sandstone Canyon to the public, and a substantial reduction of the proposed project's environmental impacts. Alternative 2 - Preservation of EastfAest Properties Another design concept for the Commission to consider is the maintenance of an east -west open space amenity by only permitting development of Arciero's Tract 32400 site. As an example, in 1991 Arciero and Sons proposed a subdivision of 75 homes upon their acreage utilizing a previous tentative map. The 1991 map consists of 85 lots on 47.6 acres. 75 single family lots are proposed on 19.5 net acres. The earthwork quantities indicate the need for 393,151.cubic yards of import (presumable from the school site). 21.2 acres are set aside as open space with the balance of the acreage, 6.9, devoted to streets. A U.S. Army Corp. of Engineers' permit and California Department of Fish and Game permit would be required prior to any modification to the existing streambed. This alternative provides the opportunity to facilitate the school development and preserve the east -west properties now owned by Sasak Corporation (6.7 acres) and RNP Development (78 acres). (Please see Alternative 2) The Planning Commission will review the alternatives to the proposed project on Monday, May 23, 1994. The Commission will also, that evening, consider the application for Parcel Map No. 24031, as previously noticed. The City Council has scheduled a public hearing on Tuesday, May 31, 1994 to review the SPMP, the report and recommendations of the Planning Commission, and consideration of Parcel Map No. 24031. Please contact the City of Diamond Bar Community Development Department at (909) 396-5676 to review case materials, provide comments, and/or receive additional information. 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' _.�''" ,�._ — �_ .ISI' ,j (➢). � ���i{ . •'� " _ - �- .1�• IF{/ �� !_.rw,= M ten. _ H sA qp pU-BIL�l G, , C HE A Rl.�N NOTICE OF ) 396,5616■ 21660 E CoPlcy Drive, Suite 190, Diamond Bar, CA 91765 (909 City of Diamond Bar ite and other interested Parties' Property Owners within a 500 foot radius of subject s TO: Development Dept., City of.Diamond Bat mm' etermina whether FROM: Community NOTICE IS HEREBY GIVEN, P ursuant to State Law, that a public hearing will be held by the City Council to d s shall be approved under the provisions of State Law and the City of Diamond Bar as follows: or not the subject request( ) DATE AND TIME OF HEARING: Tuesday, May 31, 1994 7:00 p•m• SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT PLACE OF HEARING, AuditoriumCA 91765 21865 E. Copley Drive, Diamond Bar, • vesting Tentative Tract Map N0. 51407, 2-8 ConditiOoaakal � Permit Na. 91 2; SUBJECT: Development Agreement Nos- 92-1 and t o g Conditional Use Permit No. 91-5, the South Pointe Master. Plan; and Oak Tree PermitNo. 92-8; Vesting Tentative Tract No. 32400, T ,ntativ e Tract Map No. 51253 and Conditional Use Permit No. 92-]2; Oak Tree Permit No. 92-9; and Environmental Impact Report No. 92-1 consisting of land uses known as the South Pointe Master Planml 171 acres in size and nest for approval of a mined use project, ro ect site is approxi y REQUEST: This is a req ark, open space and school facilities. The j id View Drive. The commercial, p on Road, east of Morning Sun Drive, and south of Rap le -family which include residential, comm spar of 290,000 square feet; approximately 200 sin - which is located north of Pathfinder Road, west of Brea Canyon ark, and the construction of a middle school. project proposes to develop 30 acres acre of commercial retailloffice sp detached residential dwelling units, a 28 acre neighborhoodP 4439 Rhodelia Court, Claremont, CA 91711 1 R -u -P Development, Inc', Anaheim,, CA 92807 APPLICANTS: () Arciero and Son's, Inc., 950 North Tustin, ,C (3) Sasak Corporation, 858 W. 9th St., Upland, CA 91785 (4) City of Diamond Bar, 21660 E. Copley Dr. Ste 100, Diamond Bar, CA 91765 to the terms of California Environmental Quality Act (CEQA), the City has ENVIRONMENTAL DETERIVIII`1ATION: Pursuant act'Re rt has been prepared (SCH No. wires an Environmental Impact Report. An Environmental Imp Po determined that this project req 92081040), and is available for public review. Published in: ril 11, 1994 San Gabriel Valley Tribune: P►P 11, 1994 Inland Valley Daily Bulletin: Aprilpublic input Public Hearing is being held to focus attention on this project and to allow optimum p The May 31, 1994 Pu PLEASE ATTEND AND MAKEYOUR VOWS KNOWN tion on this subject Please contact the Community Development Department at (909) To review case materials or for furt,'catio and project in court, you may be limited to raising only those issues you or someone 396-5676 If you challenge this app ondence delivered to the City Council at, or prior else raised at the public hearing described in flus notice, or in written corresp to, the public hearing- SOUTH POINTE MASTER PLAN The South Pointe Master Plan has been proposed to guide the development of 171 acres rea. 1 The Master Southn the Pointe olincorporates School/ Sandstone' Canyon tities: the City of Diamond Bar, Walnut - property owned by five en RNP Valley Unified School District, Arceiro and Sons, Inc., Development, Inc., and Sasak Corporation. The project site is generally located west of the Orange Freeway and Brea CanyonRoad, east of Morning Sun Drive, north of Pathfinder Road, and south of South Pointe Middle School. ject, if approved, will be developed, in phases, The proposed pro land uses of residential, commercial, park, open with primary Approximately 82 residential acres are space, and school. APP are requested for construction of 200 single family homes, 30 acresproposed proposed for a future commercial/off ice use, 28 acres are for open space as a neighborhood public park site, and 31 acres are proposed for the construction of ect Sobe ull th Pointe devel ped over dle la As presently proposed, the proj proposed development plan, projected ten year period. Under the all of the residential dwelling units, one-half of the completedrk site will be within commercial/office use, era d e The remaining ommercial/office a projected five year p use is projected to be completed within the remaining ten year period. of ion To accommodate the propossed.land d inumber rovements includethe system improvements are required. These m p creation of new local streets within the project site, it meats to access road to the school from Brea Canyon Road, improvement Brea Canyon Road, and a number of off --site treet. _ an 'nd i --rection improvements including new signalization. The proposed project will require the approval and implementation of Development Agreemen aster Plan,between the city nprojectd the Conditional Use Permit,Oak applicants, adoption of a Tree permit, Subdivision approvals and an Environmental Impact Report. The Planning Commission has reviewed the proposed project and has recommended City Council Approval. The City Council has scheduled a public hearing to review and provide input on the South Pointe Master Plan on Tuesday, May 31, 1994. For additional inDepartment at please (90 ) 396-5676.of Diamond Bar community DevelopmentP 41 All' .� �t�• a ! _ f-. 4000 I � j7. � �_ �r� . y� � ,c`_•,r- • ,r is ,j J.: 1r r Y t� �� • '�, O. as IAN �� -� • a' y, D 71 - `h L til -1 y ✓iF._ � t _- 1� Y. !mob ti . g - +/ .. K l'; . ^^' � ✓.( 7' Y ' ���''-3 ._ "'AYE► .. � �-w 1�. � .+ ' � f r:�.:�. �7AL._; �.�, _ s"9.yc s.�. ...-� .d rf�. ay•�jt���':' �ae.�m4i� INN "cs- t s t"it r � r� `��_ t*'" •�- ys _ � i ,Y ,� �_, •' r`�� i-1`= ��'' °+ Ott .♦ r _ « '> i �.C- ;�.. � •'�+• � � � to � �' ' �� 1.• � ,j a js.� s rte,; f y -1' � � -. - � �� � 4�a���� - � � �t � `�T�' I ��3r��• ♦a • w1, _..;f ��' "rte •'tom.. ' crr m . L_LJ ►- � z z O 0 0 ! LJJ s C1 2 W o � N o Q Q . .. a Cn Q a u N 0 0 z N II it i _ K r .. .r i ism: i•Y: � '� .t. �� 1� � rr Al.1IN F3 6 5616 Nylcy, �nd Bar, CA 91165 Dr' Ve, Suite 190• Dram° 1660 g Copley Bai . 2 City of DTara . radius of subject site and other interested Parties Owners within a � f °Ot Diamond Bar cil to determine whether Property City of Diam the City Coun Comml1�ty Development Dept- � will be held by iamond Bar as follows: w, that a public heaN° . and the City of D tog. rsuant to State La of State La REBY GIVEN, Pu under the Provisions iiE be approved '1:00 P.M. IOTICE IS request shall DISTRICT 31, 1994 >r not the TIb1E OF pIEAR�C*• Tuesday, May AGEMENT MAN DA's AND SOUTH COAST AIR QUAD CA 91'165 PLACE DF FIEA�G• 2Auditorium1965 E Copley Drive, Diam°ad Bim' Tract 42557 creating 14'19 and Lot 61 of construction of 2p31. 3 ht to restrict the 9 Approval of EJECT ; Parcel Map NO' Lot 1 of Tract N° a rig 1989 • APp . is a iequest to merge thl removal Cky Upon incorp°rationRlgh� R�trlcuons on ro )posed projec lication requests Whether REQiJF-ST. The p p 68.10 acres. The W ht was acquired y en Space and Butldin endation of the That rig held Op • il, 1994 The future par upon totaling those parcels. ent of currentlyheld for its recomm a single P e City's abandoiju a Planning published April vacant and exists in a residential buildings ld require the hearing before the a 23, 1994, per notice P rrently rasseS which are the application a tequired hear entl set for W y went. The site is wild g ititent. the newly arcel. Th The site suPPo an interni created p be removed is Pres y estate develop undary. May le fain residential project bo off is deposited into ane and east building restrictions y sing family within the mems The run of Shotgun Lane site. is proposed no oak trees develop Curt d Avenue, west Zoned RPD - use of theThere are tesidential south of Grant ro ect site is cu prim natural natural state. e from the surrounding is located Thep l drainage The pro] $etnardino County line. fed by the narural the site. which traverses to the San lication. blue line stream Drive and extends eastof this aPP CA 91� l l of Summitridg Claremont, pct (CEQA), the 20,E"2U, which will not change � Rhodelia Court, ental Quality AN'r: g -n -P Development, Inc., 4439 e terms of California Environmental AppLIC DETER�NA.ION: pursuanta negative declaration. ENy1RONMENT�' ro ect requires City has determined that this Q l 6, 1994 Development published in: a Community le Tribune: Way lease contact the be limited to raising San Gabriel Val y 7, 1994 written Daily Bulletin: May is sub} p you may or in Inland Valley further information on this and prOJ�t in court, Z this notice, or for fu lication ring described materials you challenge this aPQ ublic hea review case 396-56'16 If y ne else raised at the P the public hearing - To Department at (9es or VNovVN someO or M� YOUR EWS only those issues you the City Council at, Q � correspondence delivered t PLEASE AT -TEND scALE 1'•2W TENTATIVE PARCEL MAP N0. 24031 IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA Iss'rMWrllO nTr rrarfrlMrlM �fawr��ilY��w au r rMr • LW � Tun � M.IL VIR ■ wa ti arla a e[ awo r MSI r r rm u MM Iu rro a srrl sL I I I I // // , i . Rice'oG— CG'.�a.; 'a i yrr• NOTES: OF Nis I'pjvwT 6 aSECTIN AIL4f L7•it NRlU21Mi iii �' miprlU r7iL os 1MELEs PL% T"a .0, I 3111iE71�Cli , 1. sMMR f1 r IIs 1 TtlIM Et. illu Is MSEIIQ 'f M ACO�u V M Mon OI LY AIIMRsy L TME AKA 9FyT SL TMCT a "A" IS L 47 ACKIL y 711E LKI Or ur 1. iLCI a 11/11 Is L U WKS. L N. 1I '�( slKll "A"'CKAto N Nis AE WA Is w o 'calls. S. vpSilO6 Or TMIS FOXEL ASE j"S i0 iLOMIM LLPE IK IMICATED MA U4l PIAIMAEE 12AM iIIESINT USE Y wOFUTT Is "CANT L 4 ' I, MMsbsu AS[ TIO pom IS SIMLE FAMILY KSIOEMIIAL. I OMIT po AUK l ClpMlf I,M $ Is i0 -1 -000 -ILL LEGEND j:jrw e M LAIDOEM MEW ST tsls W. SOKsdTs CBTOKIK W EXISTIM sTKEri sf,awTS ExisTIM E40W IS KMIM KWWMTS yApy[O 0AWI LIK PIs b IMIS MEMO Or rMICELy OWNER/APPLICANT. p-Np OEVELOpMEw INC. 4,,; pN00ELIA A,ENUE CLApENONT. CA 91711 �i couytctf AGENDA Tuesday, May 3, 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 Council Member Council Member Eileen R. Ansari Phyllis E. Papen Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. Next Resolution No. 94-19 Next Ordinance No. 03(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 and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 Introduction by Capt. Larry Waldie with the L.A. County Sheriff's Department of new personnel to the Walnut Station. 2.2 Proclaiming May 16-22, 1994 as "PUBLIC WORKS WEEK." 2.3 Proclaiming the Month of May, 1994 as "WATER AWARENESS MONTH." 2.4 Presentation of Commendations to 3 Individuals for the creation of the Emergency Operations Center (EOC) - Vic Hosler, Harvey Kramer and Barry Flint. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Sneaker's Card and aivw it to saa ca. c is a five minute maximum time limit when addressing the City Council, 4. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - May 9, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 GENERAL PLAN ADVISORY COMMITTEE - May 10, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.3 TRAFFIC & TRANSPORTATION COMMISSION- May 12, 1994 - 6:30 P.M., AQMD Hearing Room, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - May 17, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. MAY 3, 1994 6. CONSENT CALENDAR: PAGE 2 6.1 APPROVAL OF MINUTES - Regular Meeting of April 5, 1994 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES - Regular Meeting of March 14, 1994 - Receive & file. Requested by: Community Development Director 6.3 TRAFFIC & TRANSPORTATION COMMISSION - Regular Meeting of March 10, 1994 - Receive & file. Requested by: City Engineer 6.4 VOUCHER REGISTER - Approve Voucher Register dated May 3, 1994 in the amount of $490,043.62. Requested by: City Manager 6.5 TREASURER'S REPORT - Receive & File Treasurer's Report for Month of March, 1994. Requested by: City Manager 6.6 REJECTION OF CLAIM - filed by Charles Magdesian on April 19, 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 GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR PROJECT NUMBER 283-107 - In order to provide funds for operation and maintenance of street lights on Benfield P1., which were installed by the developer, it is necessary to incorporate said street lights into the County LMD 10006 and County Lighting District LLA -1. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX granting consent and jurisdiction to L.A. County to annex street lights within the territory described. Requested by: City Engineer 7. PUBLIC BEARINGS: None MAY 3, 1994 PAGE 3 8. OLD BUSINESS: 8.1 GENERAL PLAN ADVISORY COMMITTEE MEMBERSHIP AND ALTERNATIVES FOR THE APPROVAL OF THE FINAL GENERAL PLAN - The City Council has been discussing the membership of the General Plan Advisory Committee (GPAC). The matters of total GPAC membership and the number of voting and ex - officio members continue to be discussed. Further, the matter of the method for final approval of the General Plan is also being discussed. Alternatives include City Council approval, approval of the General Plan currently being prepared through an election, approval of the General Plan approved July 27, 1993 through an election, or indication of support through an advisory election. Continued from April 19, 1994. Recommended Action: It is recommended that the City Council discuss the matters of GPAC membership, GPAC voting and/or ex -officio members', and method of approval of the City's General Plan; and, take actions that the Council deems appropriate. Requested by: Mayor 8.2 SECOND READING OF ORDINANCE NO. 02(1994): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE LOS ANGELES COUNTY CODE BY ADDING NEW CHAPTER 22.54 AND ESTABLISHING PROPERTY MAINTENANCE STANDARDS - On April 19, 1994, the City Council held a public hearing, received testimony, waived first reading, and approved as amended, Ordinance No. 2, 1994. Recommended Action: It is recommended that the City Council approve for second reading and adopt Ordinance 02 (1994). Requested by: Community Development Director 8.3 INTERSECTION MODIFICATION ON GRAND AVENUE AT DIAMOND BAR BOULEVARD AND ON GOLDEN SPRINGS DRIVE - On October 6, 1992, the Council awarded a design services contract to Dwight French & Associates, Inc., (DFA) for reconstruction/rehabilitation of Grand Ave. from the easterly City limit to Golden Springs Dr. in the amount of $45,700. On December 7, 1993, the City executed a Memorandum of Understanding with the L.A. County Metropolitan Transportation Authority (MTA) for approved funding of the Grand Ave. Traffic Signalization/Arterial Improvement Project. Since the arterial improvements/ intersection modification should be constructed as part of the Grand Ave. Resurfacing Project, it has become necessary for DFA to design/ coordinate this effort. Continued from April 19, 1994. MAY 3, 1994 PAGE 4 Recommended Action: It is recommended that the City Council authorize the City Manager to execute a contract amendment with Dwight French & Associates, Inc. to increase the contract amount from $45,700. to $61,000. Requested by: City Engineer 8.4 DISCUSSION RE: COUNCIL SUB -COMMITTEE FOR LIBRARY SERVICES - Continued from April 19, 1994 Recommended Action: It is recommended that the Mayor appoint a Library Services sub -committee of the City Council, comprised of two members of the Council. Requested by: Councilwoman Ansari 8.5 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - Continued from April 19, 1994. Requested by: Mayor Pro Tem Harmony 9. NEW BUSINESS: 9.1 STATUS REPORT ON SISTER CITIES On April 22, 1994, Mayor Werner and Councilwoman Ansari met at a duly noticed meeting of the Sister City sub -committee. At this meeting the Sub -Committee considered: Program objectives in establishing a sister city; review and consideration of the establishment of Sister City status with Bucharest, Romania; and presentation by Mr. Michael Li, of Congressman Jay Kim's Office, recommending the establishment of a Sister City with the City of Haicheng, China. Recommended Action: It is recommended that the City Council consider adoption of Bucharest, Romania and the City of Haicheng, China as Sister Cities. 9.1.1 Presentation by Angie Thompson Re: Bucharest Street Kids Shelter Project Requested by: M/Werner 9.2 ENGINEERING SERVICES CONTRACT FOR THE DEVELOPMENT AND IMPLEMENTATION OF A PAVEMENT MANAGEMENT SYSTEM - In accordance with the requirements of Prop. 111 for State Gas Tax Fund and the criteria stipulated by the Prop. C Local Return Guidelines, local jurisdictions must certify that it has in place a pavement management. system (PMS). This is to foster the cost-effective use of public funds prior to expending Prop. C funds. The system needs to provide an overview of the condition of the total street system, a means of documenting street maintenance/ rehabilitation needs, and a means of rationally prioritizing street improvement projects in terms of MAY 3, 1994 PAGE 5 needs and cost-effectiveness. To accomplish this work, it is necessary to retain the services of a qualified engineering firm. In response to the City's Request for Proposal, the Selection Committee received and evaluated four (4) proposals. Recommended Action: It is recommended that the City Council award a professional engineering services contract to Dwight French and Associates in an amount not to exceed $37,020.00, plus a contingency amount of $3,000. Requested by: City Engineer 10. ANNOUNCEMENTS: 11. CLOSED SESSION: May convene to consider: Matters of pending Litigation (G.C. 54956.9), Personnel (G.C. 54957.6), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspections. 12. ADJOURNMENT: CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Regular Meeting at the South Coast Air Quality Management District Auditorium, located at 21865 E. Copley Dr., Diamond Bar, California at 7:00 p.m. on Tuesday, May 3, 1994. Items for consideration are listed on the attached agenda. I, TOMMYE A. NICE, declare as follows: I am the Deputy City Clerk in the City of Diamond Bar; that a copy of the Notice for the Regular Meeting of the Diamond Bar City Council, to be held on May 3, 1994 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 29th day of April, 1994, at Diamond Bar, California. /s/ Tommye Nice Tommye Nice, Deputy City Clerk City of Diamond Bar