Loading...
HomeMy WebLinkAbout09/06/1994Ci1xi cov�nclo, AGENDA Tuesday, September 6, 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Gary H. Werner Mayor Pro Tem Clair W. Harmony Council Member Eileen R. Ansari Council Member Phyllis E. Papen Council Member Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior ®to the scheduled meeting. T INVIONI) It'll Please refrain from smoking, eating or drinking The City of Diamond Bar uses recycled paper in the Council Chambers.and encourages you to do the same. w ; �'w THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. Next Resolution No. 94-42 Next Ordinance No. 03(1994) 1. CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Council Members Ansari, Miller, Papen, Mayor Pro Tem Harmony and Mayor Werner. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES - 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 6. CONSENT CALENDAR: 7. PUBLIC HEARINGS: 8. OLD BUSINESS: 9. NEW BUSINESS: 10. ANNOUNCEMENTS: 11. CLOSED SESSION: 12. ADJOURNMENT: Due to an anticipated lack of quorum, the City Council meeting will be adjourned to September 20, 1994 at 7:00 p.m. MISSION STATEMENT The City Council meeting is the forum established to conduct the business of the City of Diamond Bar, its citizens, property owners, and businesses. The City Council has chosen to conduct its business meetings in a televised, open forum. This has been done to assure that all community members are kept informed as to the status of City business. It is the Council's objective to conclude the business stated on the evening's agenda by a reasonable hour, which is 11:00 p.m. To accomplish tonight's objectives, the City Council requests that: 1. Public comments may be directed to Consent Calendar items or matters of interest to the public, which are not on this evening's agenda. 2. Public comments on scheduled matters will be heard in conjunction with the respective agendized subject. 3. There are to be no personal attacks toward individual members of the City Council. Such comments are viewed as personal attacks against the entire City Council and will not be tolerated. 4. There are to be no personal attacks from an individual Council member. Such are viewed as personal attacks from the entire City Council, which are not conducive to a positive business meeting environment; and, will not be tolerated. The Diamond Bar City Council appr iates your cooperation. / Gar �'. We ner, Mayor Clair W. Harmony Phyllis E. Papen S Mayor Pro Tem Council o Eileen R. Ansari ry G. Mill Councilwoman Councilman CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: September 6, 1994 REPORT DATE: August 30, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Golden Springs Drive Landscape Medians from Westerly City Limit to Lemon Avenue. SUMMARY: On July 5, 1994, the City Council authorized staff to advertise for bids for the Golden Springs Drive Landscape Medians Project. At this time, the City proposes to award a contract to the lowest responsible bidder. RECOMMENDATION: That the City Council award a contract to Advanced Construction in the amount not - to -exceed $247,822.90. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) Ordinances(s) _ Other: 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? X Yes — No Which Commission? Traffic and Transportation Commission 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Department of Community Services REVIEWED BY: a Terrence L. Belanger Fran M. r eorge A. Wentz City Manager Assistant City Manager Interim City Engineer C:\V4TMLINDAKAY\AGEND-9koldspMed.906 CITY COUNCIL. REPORT AGENDA NO. MEETING DATE: September 6, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Golden Springs Drive Landscape Medians from Westerly City Limit to Lemon Avenue ISSUE STATEMENT: The Golden Springs Drive Landscape Medians Project has been identified as part of the Landscaping Assessment District #38 improvements. This report requests the City Council's approval to award a landscape medians contract to Advanced Construction, the lowest responsible bidder. RECOMMENDATION: That the City Council award a contract to Advanced Construction in the amount not -to -exceed $247,822.90. FINANCIAL SUMMARY: $260,000 of the Landscaping Assessment District No. 38 fund has been budgeted for this project. BACKGROUND/DISCUSSION: Golden Springs Drive landscape medians between the westerly City limit and Gona Court have been identified as part of the Landscaping Assessment District #38 improvements. At this time, construction of said medians will be limited between the westerly City limit and Lemon Avenue. The remainder of these landscape medians will be done either by the developer or, if necessary, by the City at a later date. The work to be performed under the plans and specifications consists of construction of approximately 0.4 mile of median curbs, drainage facilities, landscaping, irrigation and other incidental improvements. On July 5, 1994, the City Council authorized staff to advertise and receive bids for the Golden Springs Drive landscape medians between the westerly City limit and Lemon Avenue. In response to the advertisements, a total of seven (7) contractors obtained plans and specifications for the project. Formal bids were received and opened on August 2, 1994 from two (2) contractors. The bids are as follows: COMPANY BID AMOUNT 1. Advanced Construction $247,822.90 2. Bopark Enterprises $270,429.51 1 Golden Springs Drive Landscape Medians Project September 6, 1994 Page Two The bid of $247,822.90 submitted by Advanced Construction has been determined by staff to be the lowest responsible bid. The engineer's estimate for the construction portion of this project was $260,000. It is anticipated that the construction will begin on September 19, 1994 and be completed by the end of November. Prepared By: David G. Liu C:1WP60\LINDAKAY\CCR-%\Gl&pMed.9W FJ KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and the City Attorney, by and between Advanced Construction hereinafter referred to as the" CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the City's request for proposals, bids were received, opened and declared; and WHEREAS, City did accept the bid of Contractor Advanced Construction and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for the Golden Springs Drive landscape medians between the westerly City limit and Lemon Avenue in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Golden Springs Drive landscape medians between the westerly City limit and Lemon Avenue. Said work to be performed in accordance with specifications and standards on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of 1 the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within thirty (30) working days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of two -hundred fifty ($250.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 4 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in a form satisfactory to the City. 3 d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the 4 regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 5 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the Contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: 51 a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated August 1, 1994. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such 7 fSfT�� ter r��asnn�+tin ca rrx AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: September 6, 1994 REPORT DATE: August 31, 1994 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 94 -XX - A Resolution of the City Council of the City of Diamond Bar authorizing and approving the exchange -of $300,000 in uncommitted Proposition A (Local Return Transit Funds) to the City of Lancaster for $207,000 in unencumbered funds. SUMMARY: The City of Diamond Bar has approximately $300,000 in uncommitted Proposition A Local Return Funds from Fiscal Year 1992-93. The City of Lancaster has offered $0.69 on the dollar in exchange for the City's uncommitted Proposition A funds. The proposed exchange is mutually beneficial to both cities and will enable the City to fund additional library services. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution approving the exchange of $300,000 in Proposition A Local Return funds to the City of Lancaster for $207,000 in unencumbered funds. It is further recommended that the City Council authorize the City Manager to execute, on the City's behalf, the necessary contractual documents with the City of Lancaster to complete this exchange. LIST OF ATTACHMENTS: _& Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification ,Ordinances(s) — Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Yes _ No 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _Yes X No Which Commission? 5. Are other departments affected by the report? —Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger Frank M. Usher Troy L. Bff City Manager Assistant City Manager Assist a City M na CITY COUNCIL REPORT MEETING DATE: September 6, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 94 -XX - A Resolution of the City Council of the City of Diamond Bar authorizing and approving the exchange of Proposition A (Local Return Transit Funds) to the City of Lancaster for unencumbered funds. ISSUE STATEMENT: The City of Diamond Bar has approximately $300,000 in uncommitted Proposition A Local Return Transit Funds and has reached an accord with the City of Lancaster to exchange these funds for unencumbered funds at the rate of $0.69 on the dollar. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution approving the exchange of Proposition A Local Return funds and authorizing the City Manager to execute the necessary documents in order to effectuate the exchange funds with the City of Lancaster. FINANCIAL SUMMARY: The City has a Proposition A carry over balance of $961,121 from Fiscal Year 1993-94. It is anticipated that the City's Fiscal Year 1994-95 Proposition A allocation will be about $538,600. As a result, the City will have an estimated $1,457,600 in Proposition A funds in Fiscal Year 1994-95. Within this fiscal year, the City Council has budgeted $837,600 from the Proposition A Transit Fund for various transit related projects including, but not limited to: the provision of paratransit services; bus pads along Diamond Bar boulevard; expansion of the Diamond Bar Boulevard Park -and -Ride; the holiday shuttle; and related transit services. BACKGROUND: Proposition A, the 1/2 cent sales tax for transit, was approved by voters in 1980. The revenues generated through this half cent sales tax are intended to be used towards the development of transit related programs, which are administered by the Los Angles County Metropolitan Transportation Authority (LACMTA). In administering the program, LACMTA has elected to distribute these "Local Return" funds directly to cities on a per capita basis. The City must use its Local Return funds within three (3) years from the date of receipt or they will be reallocated to other cities. DISCUSSION: Local Return funds are designed to be spent solely on public transit projects. The City currently has in excess of $300,000 in uncommitted Local Return Funds from FY 1992-93 and has the option of exchanging these funds with another local agency to assist in providing transit related services. Iaa hubuoa, alas; %L—iLy 1LiGG1VGL1 IIOUCC That the Uity n* 1 �nn��tA,- «,-,s j�,�,�;,,g r-- $1,500,000 $1,500,000 in Proposition A funds for capital projects related to their Metrolink Station. Although the City has received a number of offers from other cities interested in exchanging Proposition A funds for unencumbered funds, the City of Lancaster has offered the highest exchange rate at $0.69 on the dollar. The City Council approved the City's Fiscal Year 1994-95 Budget in July. As part of this years' budget authorization, the City Council allocated $200,000 to the Los Angeles County Public Library to fund additional library services within the City. During the City Council's budgetary deliberations, it was proposed and approved that the City use funds received through the exchange of Proposition A funds to fund additional library services. Therefore, staff recommends that the City Council accept the City of Lancaster's offer of $0.69 on the dollar, and exchange $300,000 in uncommitted Proposition A funds with the City of Lancaster for $207,000 in unencumbered funds. PREPARED BY: Troy L. Bu ff Assistant City Manager_ RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF LANCASTER, CALIFORNIA, FOR UNENCUMBERED FUNDS. WHEREAS, the City of Diamond Bar wishes to transfer $300,000 of its uncommitted Proposition A Local Return transit funds to the City of Lancaster to provide for public transit purposes and to improve the level, quality, safety, and/or accessibility of transit services to the general public or to any group which requires special transportation assistance; and WHEREAS, the City of Lancaster has offered to assign $207,000 in unencumbered funds to the City of Diamond Bar; and WHEREAS, the City Council of the City of Diamond Bar has determined that the transit needs of the City can be adequately met if this fund exchange is approved; and WHEREAS, the City of Diamond Bar plans to expend these funds to augment the City's capabilities in meeting the general public's needs and other City expenses. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby resolve as follows: SECTION 1. The exchange of $300,000 of Proposition A Local Return Funds in exchange for the assignment of $207,000 in unencumbered funds is authorized and approved. SECTION 2. The City Manager is authorized to execute, on behalf of the City, any required documents to effectuate this exchange of funds. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and send certified copies to the City of Lancaster. PASSED, APPROVED AND ADOPTED on , 1994. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1994, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar uil-T Ur DIAMOND 15AK AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: September 6, 1994 REPORT DATE: August 31, 1994 FROM: Frank M. Usher, Assistant City Manager Kellee A. Fritzal, Administrative Assistant TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION'S HOME OWNERSHIP PROGRAM FOR FIRST TIME HOMEBUYERS SUMMARY: The Los Angeles County Community Development Commission has announced the availability of HOME funds for first time homebuyers to assist low and moderate income families through second trust deed financing. The maximum funding per participant is based upon purchase price, up to 20% of purchase price or $30,000, whichever is less. The County will administer the program at no cost to the City. RECOMMENDATION: Adopt Resolution No 94 -XX and authorize the Mayor to sign the Memorandum of Understanding. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: REV EWED BY: Terrence L. Belanger Frank M. Use /e,A. Fritzal City Manager Assistant City Manager Administrative Assistant CITY OF DIAMOND BAR AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: September 6, 1994 FROM: George A. Wentz, Interim City Engineer AGENDA NO.: REPORT DATE: August 12, 1994 TITLE: Release of Grading Cash Bond Posted for 22428 Steeplechase Lane in the "Country" in Diamond Bar. SUMMARY: The Principal (Paul and Mary Wang) desire release of a cash bond posted for grading located at 22428 Steeplechase Lane in the amount of $2,700. The Interim City Engineer finds that Principal has performed all work as shown on the approved As -Built grading plan, on file with the City. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the cash bond which was posted with the City of Diamond Bar in March, 1992 as a condition precedent to issuance of a grading permit for a single family residence grading at 22428 Steeplechase Lane in the amount of $2,700.00; 2)instruct the City Clerk to notify Paul and Mary Wang and Sumitomo Bank of California of the City Council's action. LIST OF ATTACHMENTS:x Staff Report Public Hearing Notification _ Resolution(s) _ Bid Specification (on file _ Ordinance(s) in City Clerk's Office) Agreement(s) X Other: Final Engineering Certificate and Cert. of Deposit EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? _ Yes x No Which Commission? N/A 5. Are other departments affected by the report? Yes x No Report discussed with the following affected departments: N/A REVIEWED BY: ,4f 4pa Terrence L. Belanger Frank A. Us eGeor a A. Wen z City Manager Assistant City Manager % Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 6, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Release of Grading Cash Bond Posted for 22428 Steeplechase Lane ISSUE STATEMENT: The Principal (Paul and Mary Wang) desire release of a Cash Bond posted for grading located at 22428 Steeplechase Lane in the amount of $2,700.00. The Interim City Engineer finds that Principal has performed all work as shown on the approved As -Built grading plan, on file with the City. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the Cash Bond which was posted with the City of Diamond Bar in March, 1992 as a condition precedent to issuance of a grading permit for a single family residence grading at 22428 Steeplechase Lane in the amount of $2,700.00; and 2)instruct the City Clerk to notify Paul and Mary Wang and Sumitomo Bank of the Council's action. FINANCIAL SUMMARY: This recommendation has no financial impact on the City's 1994-1995 budget. BACKGROUND: The grading on this 0.64 acre lot was for an 8,000 square foot single family residence. The lot was inspected and final grade was approved on May 5, 1994 by the City's Consultant, Mr Mike Myers of Charles Abbott and Associates. Therefore, we now recommend that the bond which was posted with the City of Diamond Bar be released. DISCUSSION: The following listed cash bond needs to be released: Address: 22428 Steeplechase Lane Owner: Paul and Mary Wang Tract No.: 30578 Account No.: 038-468472-50 Financial Institution: Sumitomo Bank of California Amount: $2,700.00 PREPARED BY: Anne M. Garvev • FOR IMMEDIATE RELEASE • "Council Meeting Adjourned" News and Information Diamond Bar, CA — Due to an anticipated lack of quorum, the from the City of Diamond Bar's September 6th Council meeting will not be held. City of The meeting will be adjourned to the next regularly scheduled meeting Diamond Bar SVttmber 1, 1994 on Tuesday, September 20, 1994 at 7:00 p.m. The Council meeting will be held at the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond 'ou-t! y j 111.1 IOXIi Contact: Mike Nelson Community Relations Coordinator (909) 396-5691 City of Diamond Bar - 21660 E. Copley Drive, Suite 100 - Diamond Bar, California 91765 - (909) 860-2489