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10/18/1994
Cit / e0or COU�Rclo� AGENDA Tuesday, October 18, 1994 5:30 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. I11.1�l1111i 1.11. � 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. 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 Count -Al appr iates your cooperation. JN! Ga F'. Werner, Mayor Clair W. Harmony Mayor Pro Tem Lcc -- Eileen R. Ansari Councilwoman Phyllis E. Papen Council o G. Mill Councilman N Next Resolution No. 94-48 Next Ordinance No. 03(1994) 1. CALL TO ORDER: 5:30 P.M. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Council Members Ansari, Miller, Papen, Mayor Pro Tem Harmony and Mayor Werner 8. OLD BUSINESS: Continued from October 4, 1994 8.1 (A) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FOR THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF HILLSIDE MANAGEMENT ORDINANCE, CONDITIONAL USE PERMIT FOR LAND FORM MODIFICATIONS AND OAK TREE REMOVAL PERMIT INVOLVING THE REMOVAL OF 276 COAST LIVE OAKS WITH REPLACEMENT BOTH ON AND OFF THE PROJECT SITE ASSOCIATED WITH THE DEVELOPMENT OF VESTING TENTATIVE TRACT MAP NO. 32400, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF (APPLICANT - ARCIERO & SONS). (B) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 32400, TO DEVELOP A 91 UNIT SUBDIVISION, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF (APPLICANT - ARCIERO & SONS) - On July 5, 1994, the Council approved the applicant's 91 unit project, in concept and directed the preparation of environmental findings, project conditions and appropriate resolutions for subsequent review and final action. Recommended Action: Requested by: Community Development Director 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 Presentation by Ron Kosinski with Caltrans with regard to the Route 60 Environmental Enhancement Project (tree planting). 2.2 Presentation to Myla Hardy, Silver Medalist at the California State Games. OCTOBER 18, 1994 PAGE 2 2.3 Proclaiming October 22, 1994 as "Make A Difference Day." 2.4 Proclaiming October 23 - 31, 1994 as "Red Ribbon Week." 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There 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 - October 24, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 PARKS & RECREATION COMMISSION - October 26, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon 5.3 CITY COUNCIL MEETING - November 1, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES - Approve Minutes of Regular Meeting of August 16, 1994. Requested by: City Clerk 6.2 VOUCHER REGISTER - Approve Voucher Register dated October 18, 1994 in the amount of $492,261.21. Requested by: City Manager 6.3 TREASURER'S REPORT - Receive & File Treasurer's Report for the month of July, 1994. Requested by: City Manager 6.4 REJECTION OF CLAIM - Filed by Georgette Owsian on August 5, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk OCTOBER 18, 1994 PAGE 3 6.5 NOTICE OF COMPLETION FOR TRAFFIC SIGNAL INSTALLATION ON DIAMOND BAR BOULEVARD AT FOUNTAIN SPRINGS AND SHADOW CANYON DRIVE - On April 5, 1994, the City Council awarded a contract to Macadee Electrical Construction for traffic signal installation on Diamond Bar Blvd. at Fountain Spgs. Dr. and Shadow Canyon Dr., for a total amount of $133,747.25 including $12,000 contingencies. The installation was completed on September 21, 1994. Recommended Action: It is recommended that the City Council accept work performed by Macadee Electrical Construction and authorize the City Clerk to file the Notice of Completion and release any retention amounts per previously approved plans and specifications. Requested by: City Engineer 6.6 AUTHORIZATION TO INCREASE CONTRACT AMOUNT FOR SPECIAL LEGAL COUNSEL RE: COMMITTEE TO RECALL PAPEN AND MILLER V. LYNDA BURGESS, ET AL - On May 17, 1994, the City Clerk and the City were served with a lawsuit by the Committee to Recall Papen and Miller regarding the finding that recall petitions against Council Members Papen and Miller were not valid due to an insufficient number of signatures. The Interim City Attorney indicated that he would be unable to provide legal counsel to Ms. Burgess or the City in this matter; therefore, special legal counsel was required. In their Closed Session on May 26, 1994, the City Council agreed to immediately employ the firm of Wallin, Kress, Reisman, Price & Pettit and a formal agreement in an amount not to exceed $10,000 was approved by the City Council on June 7, 1994. Due to the amount of research found necessary to defend this matter, it has been determined that an additional $5,000 will be required to complete the litigation process. Recommended Action: It is recommended that the City Council approve a $5,000 increase in the contract amount with the firm of Wallin, Kress, Reisman, Price & Pettit representing the City Clerk and the City in the matter of Committee to Recall Papen and Miller vs. Burgess, et al. Said increase will result in a total contract amount of $15,000. Requested by: City Clerk 7. PUBLIC HEARINGS: 7.1 VESTING TENTATIVE TRACT MAP NO. 51169, CONDITIONAL USE PERMIT NO. 92-3, ZONE CHANGE NO. 92-2, OAK TREE PERMIT NO. 92-3, AND CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 92-2 (APPLICANT: UNIONWIDE, INC.) - The proposed project is a request for approval of a 13 unit single family subdivision a 20 acre site located in Significant Ecological Area No. 15. Additionally, the OCTOBER 18, 1994 PAGE 4 application is for the removal of one oak tree, a zone change to bring the project into conformance with the General Plan (1992) and the certification of the environmental document. This is a continued public hearing from the City Council meeting of September 20, 1994. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony and direct staff to prepare all documents necessary for final approval. Requested by: Community Development Director S. OLD BUSINESS: 8.2 DISCUSSION RE RESOLUTION NO. 94-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RE: NO LEGAL DEFENSE OF COUNCIL MEMBERS. Continued from September 20, 1994. Requested by: City Council 8.3 RESOLUTION NO. 91-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION - Continued from October 4, 1994. Among the items to be discussed, the order of agenda items, the time of beginning regular Council meetings, use of City stationery, use of City insignia, use of City programs and activities, Council direction to City staff (see memo in packet) and other matters related to City Council relationships. Requested by: City Council 8.4 CITY COUNCIL SUB -COMMITTEES - Continued from October 4, 1994. Discussion regarding policy analysis and formulation and interagency liaison, through on-going, subject matter Council Sub -Committees or through case-by-case ad hoc Council Sub -Committee assignments. Recommended Action: It is recommended that the City Council dissolve the present on-going, subject matter of Council Sub -Committees, with the sole exception of the Council Finance Sub -Committee. In the alternative, it is recommended that the City Council hereinafter appoint Council Sub -Committees on a case-by-case basis, when the Council determines that the appointment of an ad hoc sub -committee is appropriate. Requested by: City Council 8.5 TENTATIVE TRACT NO. 51253, CONDITIONAL USE PERMIT NO. 92-12, AND OAK TREE PERMIT NO. 92-9; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: SASAK CORPORATION). Continued from October 4, 1994 - The applicant requests OCTOBER 18, 1994 PAGE 5 approval of a 21 unit single ment proposed on 6.7 acres Sun Drive. The applicant October 18, 1994. Recommended Action: family residential develop - located adjacent to Morning requested a continuance to Requested by: Community Development Director 8.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING AN EXISTING TWO-WAY STOP CONTROL ON COLD SPRINGS LANE AT BREA CANYON ROAD TO A FOUR-WAY STOP CONTROL AT THE INTERSECTION OF BREA CANYON ROAD AND COLD SPRINGS LANE - Pursuant to Council direction of July 19, 1994, a four-way stop control warrant study and a 25 mph special zone study were conducted on Brea Canyon Rd. at Cold Springs Ln. and on Brea Canyon Rd. in the vicinity of Heritage Park Community Center. The result of the study showed that a four-way stop control at the subject intersection is warranted. However, establishment of a 25 mph special zone in the vicinity of the Center is not recommended. The Traffic & Transportation Commission reviewed the result of these studies and accepted staff's recommend- ation. However, the Commission added that to have a total solution of the neighborhood traffic, a comprehen- sive neighborhood traffic study should be conducted. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX approving modification of the existing two-way stop control on Cold Spgs. Ln. at Brea Canyon Rd. to a four-way stop control at the intersection of Brea Canyon Rd. and Cold Spgs. Ln. Further, it is recommended that the Council deny the establishment of a 25 mph special zone on Brea Canyon Rd. in the vicinity of Heritage Park Community Center based on the results of the study. Requested by: City Engineer 8.7 FINANCE COMMITTEE REPORT AND RECOMMENDED MATTERS: (a) ORDINANCE NO. XX (1994) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20(1989) and 20A(1989) - The City's current Purchasing Ordinance has been revised to provide clarification, and to include new sections which make the Purchasing System more efficient and effective. It was determined that it would be more beneficial if an entirely new Ordinance was prepared, repealing Ordinances 20 and 20A(1989), and establishing a new purchasing system in a different format. The proposed Ordinance has been reviewed by the City Council Finance Sub -Committee and the Finance Sub -Committee recommends approval. OCTOBER 18, 1994 PAGE 6 Recommended Action: It is recommended that the City Council approve for first reading, by title only and waive full reading of Ordinance No. XX(1994) establishing a Purchasing System and Repealing Ordinances No. 20 (1989) and 20A(1989). (b) VOICE MAIL - Memorandum regarding procurement of a voice mail system. Recommended Action: It is recommended that the City Council approve payment of the invoice from GTE in the amount of $9,778.91 for a voice mail system. (c) REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT FINANCIAL AUDIT SERVICE AND QUARTERLY COMPLIANCE AUDITS, FOR FISCAL YEARS 1994-95, 1995-96 AND 1996-97 - As is the practice in many California municipalities, changing audit firms every three to five years is undertaken as a way to assure continuing independence regarding the auditing of a municipality's financial systems. While the City's current auditing f irm has provided quality service, it is appropriate for the City to commence the process of solicitation of qualified firms to propose for a three- year engagement, with two optional years at the City's election, for annual independent financial audit services and quarterly compliance audits. The quarterly com- pliance audits would be of procurement and cash disburse- ment policies, procedures and practices in order to monitor the City's procurement and cash disbursement systems, as well as, all revisions and improvements thereto. Recommended Action: It is recommended that the City Council solicit proposals, through a Request for Proposal process, for annual independent financial audit service and quarterly procurement and cash disbursement audits, for Fiscal Years 1994-95, 1995-96 and 1996-97. 9. NEW BUSINESS: 9.1 ON-CALL CONTRACTS: 9.1.1 AWARD OF CONTRACTS FOR PROFESSIONAL PLAN CHECKING AND PUBLIC WORKS INSPECTION SERVICES - On September 15, 1994, the Department of Public Works requested proposals from experienced, qualified engineering firms to provide plan checking and public works inspection services for the City, on an as -needed basis for a period of two (2) years, effective October 19, 1994. On September 26, 1994, the City received four (4) proposals. Staff has reviewed all proposals and recommend to the Council that the City retain all four firms to provide plan checking and public OCTOBER 18, 1994 PAGE 7 works inspection services, on as needed basis. Recommended Action: It is recommended that the City Council retain Bryan Stirrat & Associates, Charles Abbott & Associates, Inc., Hall & Foreman, Inc. and Ron Kranzer & Associates Civil Engineers, Inc. to provide professional plan checking and public works inspection services on an as -needed basis, for a period of two year, effective October 19, 1994. Requested by: City Engineer 9.1.2 AWARD OF CONTRACTS FOR PROFESSIONAL SOILS AND GEOTECHNICAL ENGINEERING SERVICES - On September 15, 1994, the Department of Public Works requested proposals from experienced, qualified engineering firms to provide soils and geotechnical engineering services for the City, on an as -needed basis for a period of two (2) years, effective October 19, 1994. On September 26, 1994, the City received three proposals. Staff has reviewed all proposals and recommend that the City retain all three firms to provide soils and geotechnical engineering services, on an as -needed basis. Recommended Action: It is recommended that the City Council retain Engineering and Environmental Geology Associates, Kleinfelder and Leighton and Associates to provide pro- fessional soils and geotechnical engineering services on an as -needed basis, for a period of two years, effective October 19, 1994. Requested by: City Engineer 9.2 COMMUNITY NEWSLETTER AND RECREATION GUIDE: 3 VERSUS 4 ISSUES PER YEAR - Presently, the City's newsletter is produced three times a year, and distributed to all residents. This includes separate Summer and Fall issues, as well as a combination Winter/Spring issue. The question has been raised as to whether or not it would be desirable to produce an additional issue (separate Winter and Spring editions), which would increase the annual number of newsletters to four issues per year. When analyzing the potential impacts of producing an additional newsletter, several considerations should be explored; the two primary considerations being potential additional cost, and potential additional public benefit. Recommended Action: In order to stay on track and main- tain a timely schedule for the remainder of the year, it is recommended that the City Council render a decision on OCTOBER 18, 1994 PAGE 8 whether the City should produce and distribute three or four newsletters on an annual basis. Requested by: City Manager 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 inspection. Personnel Session re: Attorney. 12. ADJOURNMENT: consideration of appointment of City 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 5:30 p.m., on Tuesday, October 18, 1994. Items for consideration are listed on the attached agenda. I, LYNDA BURGESS, declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the Notice for the Regular Meeting of the Diamond Bar City Council, to be held on October 18, 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 14th day of October, 1994, at Diamond Bar, California. /s/ Lynda Burqess Lynda Burgess, City Clerk City Clerk City of Diamond Bar r VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY „CLER/K FROM: ADDRESS:. ORGANIZATION: %• l AGENDA #/SUBJECT: DATE: llt -/-9 "-7 PHONE:jeI ” o-7 y? I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: o DATE: 16 ADDRESS: PHONE 5f l ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. A f"v( I J 6f , S Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK 9 DATE: /0 - AP - 9V PHONE: 595' G 3(6 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT CITY CLERK J / �i- /�G��-,/rte' �G'%a•7��/ DATE: %//J*y PHONE: PZ1 -.2,4.,?7 expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signal re VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: I J 1 ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: V 1 I expect to name and N0.J OF CAUF cil on the subjecctl agenda item. Please h ve 1the Coun mutes reflect my above.a� �� t Sign�re t* I VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: PITY CLERK FROM: /t,4�_ DATE: ADDRESS: c��--,�--���.� _�`��- PHONE: O CP �� J ORGANIZATION: AGENDA#/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature I VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: /6^/�— Sy PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. W,yj, � w Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �/5�� /--��� DATE: ADDRESS: -6W A.0PH0NE:����� ORGANIZATION:' AGENDA #/SUBJEC 111.9 ,1�19-x J I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO. CITY CLERK FROM: �ICr t LUTu DATE: )OPS ADDRESS: PHONE: ORGANIZATION: �L1B�1Y1�1f6 AG EN _ ECT: U�.l {fit, ��21-� �� 0 K ( �:(� C:0�aS i I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: C DATE: ADDRESS: PHONE: ORGANIZATION: g -s AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sioature ti C TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK C tc�c� y a1( -)r n n S 0 �J �e 6N)1Pc�u�f>�r AGENDA #/SUBJECT: g. S �-V-, �e-D\ e CT DATE: dlJ PHONE: '59q-S14Q3 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. SignaturItIr e VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: 1 PHONE: expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature A3INGTON v' 22229 (703) 27�)-4517 Dear Mayor: Last fall, 246,000 Americans did something good in their communities. Why? Because they were asked to. This fall, we ask for your help in mobilizing your neighbors. Will you proclaim this Oct.22 "Make A Difference Day" in your state? This is the fourth national Make A Difference Day. Outstanding volunteers from last year's effort were greeted at the White House by President Clinton. In 1993, a dozen mayors and 65% of the country's governors backed Make A Difference Day. Enclosed, for your consideration: ♦ Information about Make A Difference Day. ♦ Samples of last year's proclamations. ♦A list of newspapers that carry USA WEEKEND, the magazine with 37.5 million readers. If you have questions, please call Make A Difference Day editor Pam Brown, 703-276-4531. Sincerely, Marcia Bullard Editor WEEKEND `40il Crity of lVilkrs-Narrr, Tkuttsiiluoltia 19 (Offirr of tlhr ±fluuor �rnrl�m�t14911 WHEREAS, USA WEEKEND IS SPONSORING "MAKE A DIFFERENCE DAY" - --A NATIONAL DAY OF VOLUNTEERING --- ON SATURDAY, OCTOBER 23; AND WHEREAS, WITH THE CITIZENS OF THE CITY OF WILKES-BARRE IN THE "VALLEY WITH A HEART", THE SPIRIT OF CARING AND COMPASSION IS A LOCAL TRADITION; AND WHEREAS, EVERY DAY MANY OF OUR OUTSTANDING CITIZENS FROM EVERY AGE GROUP AND EVERY WALK OF 'MAKE A DIFFERENCE' THROUGH VOLUNTEERISM IN NURSING HOMES, HOSPITALS, DAY CARE CENTERS, SENIOR CITIZENS CENTERS, SOCIAL SERVICES AGENCIES OR TO ANYONE IN NEED; NOW, THEREFORE, BE IT RESOLVED, THAT I, LEE A. NAMEY, MAYOR OF THE CITY OF WILKES-BARRE, LUZERNE COUNTY, PENNSYLVANIA DO HEREBY PROCLAIM SATURDAY, OCTOBER 23, 1993 AS "MAKE A DIFFERENCE DAY" IN THE CITY OF WILKES-BARRE AND CALL UPON ALL MY FELLOW CITIZENS TO JOIN TOGETHER IN A SPECIAL EFFORT TO REACH OUT AND 'MAKE A DIFFERENCE' IN SOMEONE'S LIFE ON THIS DAY. .. — r* 2 WRITTEN UNDER MY HAND AND x , _ THE SEAL OF MY OFFICE THIS DAY 00,41 S' IST OF OCTOBER �,?�`S NINETEEN HUNDRED AND NINETY THREE rot, i x � x . MAYOR �j{•I li =1� 1`t v y�g1•Y p y q�i y y i v �Yy/�'- f.. PR 0CLAMA TION :kz/ r rAW r -AW /� L Aw( tt'HEREAS, USA WEEKEND IS SPONSORING "MAKE A DIFFERENCE DAY" A NATIONAL DAY' OF VOLUNTEERING, TO BE HELD ON SATURDAY, OCTOBER 23, 1993; AND ---- ------ WHEREAS. OVLY THROUGH THE EFFORTS OF INDIVIDUALS WORKING TOGETHER CAN THE PROBLL.tlS OF OL*R SOCIETY BE .4DDRESSED..4.VD ---- -- - -- - 11 HE RIAS. EACH CITIZEN HAS THE CAPABILITY TO HELP OTHERS IN SOME WAY, NO .MATTER HOtt SIL ILL THE EFFORT. AND MERE -IS, THE PEOPLE OF OUR COMMUNITY CANMAKE A DIFFERENCE BY DONATING A D 4 VOR -IN HOUR DOING AN ACTIVITY THAT HELPS OUR COMMUNITY OR THE PEOPLE IN IT \Ott THEREFORE, 1, RICHARD J. RIORDAA, .MAYOR OF THE CITY OF LOS ANGELES, ON BEHALF OF ITS CITIZENS, DO HEREBYPROCLAIM OCTOBER 23, 1993 AS "MAKE A DIFFERENCE DAY"' IN LOS ANGELES AND URGE ALL CITIZENS OF THE COMMUNITY TO JOIN WITH THEIR F,- ML1ES, NEIGHBORS, CHURCHES, CLUBS OR BY THEMSELVES TO DO AN ACTIVITY OA' THIS DAY' THAT WILL MAKE A DIFFERENCE 'W,ga, /.- __ t1A YOR ROCLAMATION740 =-� Make A Difference Day Many Houstonians from every age group and from every walk of life give selflessly of themselves to others through volunteer work, exemplifying the spirit of caring and compassion for others. On October 23, 1993, USA WEEKEND will sponsor its third annual MAKE A DIFFERENCE DAY, a national day of volunteering. Houstonians take pride in their volunteer heritage, and will share their skills and talents by donating a day or an hour to help a group, agency, or a person in need by sharing their skills and talents. The City of Houston is proud of its commitment to MAKE A DIFFERENCE. Therefore, I, Robert C. Lanier, Mayor of the City of Houston, hereby proclaim Saturday, October 23, 1993, as Make A Difference Day in Houston, Texas. -0- I\ A'IT\ESS WHEREOF I have hereunto set my hand and have caused the official Seal of the City of Houston to be affixed this 14th day of October ly 93 A.0 Aero-�,, S Mayor of the City of Houston MAY 022 REV 2 92 • �1� 1.L�r,}• ••$1;:: 1*l 1 1 [`.'����J.4� -+�1�f1�p.��p'iii;�,rf,��iyi•'f9`y�!' Q���1.i':d�a 4{L 7�1 �1I •�t -.�.i.�,�f,.A q�, •. �',4 A„ :,�` 1 � 4.,N il,�jp, Er {I,f1i .�},. .�i, �`y�Il��!.. I,i1�"�'�'Y�,, �p 7i :4M'i!+f •4� 'w �JII�Fi:WIW :ieliia7�l•9ii !IR >i'I@tCRiiiil�lis ILIIl1ir'i4 ivtll�•rw?Il I' r�:�('i �r.�: _ �+,'F'Ivriii°I!• j�81!,:'•n:� tii.lTi a•"Slty �..n11 �y •I.� :5 ':ff {�� ;�.�I�I r• -1 lyl!. °_. •�:���I�xIA'•Y,...l:•IM�In .,J •1, �-q� h11.+:.yll��1�gqpl1i:n1!•111xY � '1 i IiMlx5llo-.Ixl Rl,x-1 .: •'M.l pylf •. IMry` `Hlh lb {•I•'• L, M•.•.. .9N•]'.N lL1ptIi.,'� ��i.IP1: r41�r:�SI ,.. i r, .. �•I 1° i +I; � Iil1 ri •. f ? a j ..I., 'l. E i �, ,�, F 1 JfaL E ° r.1• i .)r THE- . .;ITY „HiCAGO, ac. ;Ir !• t;X93.. �)e h1A►(E .{ DIF FEUAY IN t;HICAGO. ar:u is i . ir`-ze me m, c r ..- �f .::r-<rrlg togetrer fc" the commor Maycr i I' i• l s. j I "MWW g BE IT AI WHI and from e volunteer w which is a Ik k WHI n 1993; and WHI-1 responsibilit, 1j, sponsors; at, WHI can the prole )tdr ocictN he aiiarrs sca' Tina' A the people of Cincinnan can make a fiVerence hv- donating a ai., Pr an hour doing an aetivitv than helps our corninumA Or the' jij people in it. NOW, THEREFORE, 1, DIR7GHT TH.LERY, the 61st Mayor of the City of CWeimad, do hereby proclaim Saturday, October 23, 1993 as VIA KE A DIFFERENCE DA Y in CZndmwb and urge all citizens of the community to join with their families, neighbors, churches and clubs to do an activity on this day to make a difference. FN WITNESS WHEREOF, I have hereunto set my hand and caused this seat of the City of ancinnan to be qffLred this 24th day of August in the year Nineteen Hundred and Ninety-77tree. �'-- e- L&4 ry, Mayo hAj*1e City of aricianats V 'N WHEREAS, USA WEEKEND is sponsoring "Make A Difference Day," a national day of volunteering, to be held on Saturday, October 23, 1993; and WHEREAS, only through the efforts of working together can the problems of our addressed; and WHEREAS, each citizen has the capability to help others in some way, no matter how small the effort; and WHEREAS, the people of our community can MAKE A DIFFERENCE by donating a day or an hour doing an activity that helps our community or the people in it: NOW, THEREFORE, I, TOM MINOR, MAYOR OF THE CITY OF SAN BERNARDINO, DO HEREBY, PROCLAIM OCTOBER 23, 1993, AS "MAKE A DIFFERENCE DAY" and urge all citizens of the community to join with their families, neighbors, churches, clubs or by themselves to do an activity on this day that will make a difference. DATED this 23rd day of October , 1993. .170. rorfamatilan �%I000- Ortober 23, 1993 -A �-, ,./ -Yl� �eciaG �eco�ufian. 23rd October 93 �� U r _P � J J.._ _ 1. v __ _ r FOR ITS 411 DISTRISU11N0 N=WSPAPIRS • 11MC 11 JULY 10, 1994 • CIR18,324,059- ULATION 18,324,059•.st+ .4(1 $.r:r}+a - 1*OUCK'f C:titt'do Anniston Star 31,523 Turlock Journal 9,197 Boise Idaho Statesman 86,453 Henderson Gleaner 11,746 Decatur Daily 29,689 Ventura County Coeur D'Alene North Louisville Courier -Journal 240,220 Selma Times -Journal 9.965 Newspapers 116,534 Idaho Sunday 28,350 Madisonville Messenger 11,422 Walnut Creek Contra ` =:!=3 Paducah Sun 30,930 Casa Grande Dispatch 9,425 Costa Sunday Times 180,2-46 Alton -East Alton- , . Flagstaff Arizona Watsonville Register- Wood River Telegraph 33.276 Alexandria Town Talk 42,139 Daily Sun 14,112 Palaronian 11.259 Aurora Beacon -News 37,817 Bogalusa News 8,259 Tucson Citizen 50,833 2;0 7 ' � Bloomington -Normal Hammond Daily Star 12,612 Denver Post 450,483 Pantagraph 55,606 Monroe News -Star 47,224 EI Dorado News -Times ' 10,911 Fort Collins Coloradoan "'''` ` 33,272 _ Champaign Urbana News -Gazette 53,075 New Iberia Iberian Shreveport journal Times 15,250 103,66> Ft. Smith Southwest Times Record 10,680 " Bristol Press 20,586 Chicago Sun -Times 516,850 Sulphur News Leader Harrison Daily Times 10.680 Manchester Joumal Chicago Daily Herald Chicago Southtow-n 119,838 Group 61,557 18,650 Hot Springs Sentinel Record .) 19,62.. Inquirer q :Meriden -Wallingford 49,494 Crystal Lake Northwest � Augusta Kennebec journal 18,073 Mountain Home Record journal New Britain Herald 30,556 33,440 Herald Danville Commercial 30,470 Bangor News 91,004 Baxter Bulletin Rogers Northwest 9.455 New Haven Register g 126,992 ,Biddeford journal News 24,800 1 Dixon,'Dekalb Telegraph/ Tribune 12,745 AR Morning News 16,826 Norwalk Hour 20,540 News Chronicle 22.136 Lewiston Sun Joumal 7 4. ,207 Russellville Norwich Bulletin 38.362 Elgin Courier -News 28,330 Waterville Central Sentinel 23,734 Gr Arkansas Group 33,692 Torrington Register Citizen 15,401 Jacksonville journal I :NAR`. x w1, ' ' ; �' Springdale Morning News 18,652 JE1A%A44i1F 149'333 Courier 14,816 Annapolis Capital 47,144 V.0<'ggid 684,667 Joliet Herald -News 49,455 Cumberland Times -News 33,935 Antioch/Pittsburg/.Martinez Wilmington News Journal � 149,333 Kankakee journal J 34,096 ,Easton Star -Democrat 15,475 Led er/Post Dispatch/ g P News -Gazette 25945 �)A7R}t T' F i'Oli1M8iA 179,437 La Salle -Peru News Tribune Westminster Carroll 19,465 County Times 22,793 Auburn journal 13,316 Washington Journal Suburban Group 114,626 Moline/ Rock Island , '', MASSA; 01S . *' 1 0 Davis Enterprise El Cajon Californian 11,142 24,209 Washington Times 65,311 Dispatch/Argus Rockford Register Star 52,527 90,466 Attleboro Sun Chronicle 24,544 Escondido/I'emectila ¢t JRIOA 568,473 Southern Illinois Group 33,973 Boston Herald Brockton Enterprise 207,814 63,936 Tunes -Advocate/ Boca Raton News 28,959 Waukegan News -Sun 41,255 Californian 53,669 Bradenton Herald 60,006 +MAIANA 310,862 Essex County Newspaper Grou P 36,830 Fairfield Daily Republic Glendale 'News -Press 20,948 11,256 Charlotte Harbor Charlotte Sun -Herald 33,788 Anderson Herald Bulletin 34,980 Fall River Herald News 36,756 Hayward/Fremont Fort Myers News -Press 128,649 Columbus Republic P 21,958 Fitchburg Sentinel & Enterprise 20,153 Pleasanton Review/ Argus/Herald 116,830 Inverness Citrus County- Chronicle 25,920 'Elkhart Truth 27,141 Framingham Middlesex Hemet News Lakeport Lake County 15,900 Ke West Citizen Key FL Today 11,544 117,215 Franklin journal Kendallville Ft. Wayne 17,123 News Greenfield Recorder 43,054 14,978 Melbourne Suburban Group 32,655 Haverhill Gazette 10,685 Times Record Bee 9,865 Panama City :Yews -Herald 42,817 Lafayette -West Lafayette Lawrence Eagle -Tribune 55,399 Lompoc Record 9,510 Pensacola News -Journal 84,345 journal & Courier 45,264 Lowell Sun 57,380 Los Angeles News 227,054 St Augustine Record 16,730 Marion Chronicle Milford News 13,768 !Marin County Independent journal 43,380 Winter Haven /Lake Whales/News Chief 18,500 Tribune Michigan City News- 20,665 Northampton Gazette P 22,484 Marysville -Yuba City GEORGIA 217,790 Dispatch 14,917 Quincy Patriot Ledger News 100,788 6,066 Appeal -Democrat 23,632 Albany Herald 41,436 Richmond Palladium- Southbridge Gazette 15,845 Merced/Madera Sun- Carrollton/Douglasville Item 25,299 Taunton StariTribune 31,988 Times/Georgian Shelbyville Suburban MICHIGAN } 177 732 Napa Register 21,146 Douglas Cnry Sentinel 19,625 Indianapolis Group 55,781 Adrian Telegram 16,874 Palmdale Antelope Conyers Rockdale Citizen 10,402 Valparaiso Vidette- Alpena News 12,363 Valley Press 42,200 Dalton Citizen -News 12,041 Messenger 15,079 Battle Creek Enquirer 37,385 Palm Springs Desert Sun 52.355 Dublin Courier -Herald 12,325 IOWA 354,427 Benton Harbor -St. Joseph Porterville Recorder 12.759 Gainesville Times 27,589 Burlington Hawk Eye 19,551 Herald Palladium 32,991 Salinas Californian 23,055 Griffin News 10,983 Des Moines Register 318,718Central Michigan San Bernardino Sun 100,227 Jonesboro Clayton Iowa City Press -Citizen 16,158 I Newspaper Group 40,782 San Joaquin Valley News/Daily 7,843 KANSAS 134,666 Detroit News and Triangle Sentinel/ Marietta journal 25,242 Hays./Junction City Free Press 1,172,769 g� Advance Register/ Milledgeville Union- News/Union 22,999 Holland Sentinel 19,794 Times Delta 52,007 Recorder 8,799 Hutchinson News Lansing State journal 41,074 g J 95,907 San Luis Obispo P Rome News -Tribune 22,050 Lawrence Joumal-World 20,155 Port Huron Times Herald 39,717 Telegram -Tribune San Mateo Times 37,048 46,781 Thomasville Times- Enterprise 10,365 Leavenworth Times 9,218 Sault Ste, Marie Sault Sunday 9,200 Santa Cruz Sentinel 30,084 Warner Robins Sun 9,090 Olathe News Salina JojournalIfEHT!lCKY 9.343 31,877 Santa Maria Times Santa Monica Outlook 22,968 28,521 1�AWAU 197 , ,359 31x315 ,328 7, Stockton& Record 59,631 Honolulu Star Bulletin Advertiser 197,359 Elizabethtown News - Enterprise 18,007 Continued 1000 WILSON BOULEVARD ARLINGTCN, VA 22229 (7C3) 276-4517 IF YOU PROCLAIM OCTOBER 22 "MAKE A DIFFERENCE DAY".... *You might assign a community -wide coordinator to organize grass- roots action. ♦You might sign the proclamation in a neighborhood where Make A Difference Day projects are planned. This could help publicize and kickoff the effort. *You might identify a special problem challenging your community - homelessness, flood damage, child care - and urge your citizens to tackle that problem on Make A Difference Day. ♦You might take you family and friends to a soup kitchen or shelter on Make A Difference Day to do community service. *You might network with surrounding government to impact a larger area or even the entire state. *You might tell the local newspaper that carries USA WEEKEND and is a local co-sponsor of Make A Difference Day that you back this day of community service. (See attached circulation list.) ♦You might tell USA WEEKEND what your community is planning to do so the good work can be publicized in our national magazine carried in 412 newspapers with 37.5 million readers. Call 1-703-276-4531 and Pam Brown, Make A Difference Day Editor. LA 1441",14 \ e .y " / 4. y. ,k i "MAKE A DIFFERENCE D OCTOBER 22, 1994 f WHEREAS, USA WEgKM is sponsoring "Make a � � e Da " a national da of volunteerin , to be held on S Y. Y g October 22, 1994; and WHEREAS, only through the efforts of indiv' working together can problems of our society be ad WHEREAS, each citizen has the capability t r " in some vay, no matter how small the effort; and WHEREAS, the people of our community can DIFFERENCE by donating a day or an hour doing an ac* t helps our community or the people in it: POW, THEREFORE', BE IT RESOLVED that the ca the City of Diamond Bar does hereby proclaim Sat o ar 22. 1994 as "MAKE A DIFFERENCE DAY" and urges all it%(# " their families, neighbors, h , merit MINUTES OF THE CITY COUNCIL DRAFT REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 16, 1994 1. CALL TO ORDER: M/Werner called the meeting to order at 7:04 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony, Council Members Ansari, Papen and Miller. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; George Wentz, Interim City Engineer; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES - 2.1 WELCOME - STUDENTS FROM THE LION'S YOUTH EXCHANGE PROGRAM - M/Werner presented exchange students Arnaud Gilet, from Belgium and Bernhard Ullrich, from Switzerland with a City Coffee Cup and Pin. Both students thanked the City for their hospitality. 3. PUBLIC COMMENTS: Dewey McFadden, 1342 Spruce Tree Dr., representing Perimeter One Security Service, stated that he felt his company could give better service for crossing guards, since they reside in the area and would hire the crossing guards that worked last year. Dr. Larry Rhodes requested that the "Mission Statement" be changed to "City Council Meeting Conduct." Martha Bruske read an article written by Joseph Ascenzi of the Tribune dated May 27, 1990 urging a ban on Commercial Development. Frank Dursa asked that Consent Calendar Item 6.13, a Resolution to deny defense to City Council Members relating to certain lawsuits alleging libel or slander be removed for public discussion. Mr. Garland, Vice -President, International Services, thanked the City Council for allowing their company to bid on crossing guard services. 4. COUNCIL COMMENTS: C/Papen asked Council to direct staff to review and apply for an AB2766 Mobile Source Emissions Grant for a refueling station. The other Council Members agreed. C/Ansari suggested that the public write to their legislators on the Mello Roos taxation in order to help fund the library. She thanked the MRF committee for their efforts and announced that on Saturday, a "Thank You BBQ" will be held at 3435 AUGUST 16, 1994 5. 22 PAGE 2 Woodhill Circle, 3:00 to 6:00 p.m. MPT/Harmony presented letters regarding audit control/finances and a letter from China regarding "Sister Cities." SCHEDULE OF FUTURE EVENTS: 5.1 CONCERT IN THE PARK - August 17, 1994 - 6:30-8:00 p.m., "SHOUT" - 60's Classics - Sycamore Canyon Park, 22930 Golden Springs Rd. 5.2 MRF COMMITTEE BAR-B-QUE - August 20, 1994 - 3:00-6:00 p.m., 3435 Woodhill Circle, D.B. 5.3 PLANNING COMMISSION - August 23, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 PARKS & RECREATION COMMISSION - August 25, 1994 - 7:00 p.m., Heritage Park Comm. Cntr., 2900 S. Brea Canyon Rd. 5.5 PLANNING COMMISSION - August 29, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 LABOR DAY HOLIDAY - MONDAY, September 5, 1994 - CITY OFFICES CLOSED. 5.7 CITY COUNCIL MEETING - September 6, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. CONSENT CALENDAR: MPT/Harmony requested that items 6. 2, 6.5, 6.6, 6.9.1, 6.9.2, 6.9.3, 6.9.4 and 6.13 be withdrawn for discussion. It was moved by C/Papen, seconded by C/Miller to approve the Consent Calendar with the exception of those items withdrawn by MPT/Harmony. Motion carried unanimously by the following Roll Call vote: AYES: COUNCILMEMBERS - Papen, Miller, Ansari, MPT/Harmony, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of June 7, 1994 - approved as submitted 6.1.2 Adjourned Regular Meeting of June 13, 1994 - approved as corrected. 6.1.3 Adjourned Regular Meeting of June 15, 1994 - approved as submitted. 6.3 NOTICES OF COMPLETION: 6.3.1 CONSTRUCTION/MODIFICATION OF HANDICAP ACCESS RAMPS - Accepted work completed by Perry Maness Industries, Inc., authorized the City Clerk to file the Notice of Completion and release any retention amounts. 6.3.2 GRAND AVENUE GUARDRAIL LANDSCAPE IMPROVEMENTS - Accepted work completed by Accurate Landscape & Maintenance Corp., directed the AUGUST 16, 1994 PAGE 3 City Clerk to file the Notice of completion and release any retention amounts. 6.4 GRADING BOND RELEASES: 6.4.1 GRADING CASH BONDS POSTED FOR BURGER KING AT 527 S. GRAND AVE. - Approved and accepted work completed and release of cash bonds in the amount of $2,700, Acct. No. 23462-00048 and $9,300, Account No. 23467-00083. 6.4.2 GRADING CASH BOND POSTED FOR 2652 SHADOW CANYON DR. IN "THE COUNTRY" - Declared the obligations under the bond null and void and release of grading cash bond No. 003A69254 in the amount of $4,140. 6.7 ADOPTED RESOLUTION NO. 94-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE DIAMOND BAR BOULEVARD RECONSTRUCTION/REHABILITATION PROJECT, BETWEEN GRAND AVENUE TO BREA CANYON ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.8 ADOPTED RESOLUTION NO. 94-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR REPLACEMENT OF STREET TREES. 6.10 ADOPTED RESOLUTION NO. 94-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RESTRICTING VEHICLE PARKING ON THE EAST SIDE OF BREA CANYON ROAD NORTH OF LYCOMING STREET AND ON LYCOMING STREET EAST OF BREA CANYON ROAD. 6.11 AWARDED CONTRACT FOR SLURRY SEAL - AREA 5 - to California Pavement Maintenance Company, Inc with a contract for Slurry Seal - Area 5 in the amount of $156,933.68 with a contingency of $12,000. 6.12 AWARDED CONTRACT FOR CROSSING GUARD SERVICES FOR SCHOOL YEAR 1994-95 - to All City Management Services, Inc. in an amount not to exceed $65,000 (hourly rate of $9.25) for the 1994-95 school year. 6.14 APPROVED PROFESSIONAL SERVICES AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. FOR ENVIRONMENTAL MANAGEMENT SERVICES IN FY 1994-95 -Charles Abbott Associates, Inc. for Environmental Management Services for FY 1994-95 in an amount not to exceed $19,900 for administration of the City's solid waste permits and assist in coordination of AB 939 activities during FY 1994-95. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.2 VOUCHER REGISTER - MPT/Harmony asked if Macadee AUGUST 16, 1994 PAGE 4 Electrical's traffic engineering signal invoice for $47,150 had been authorized and approved and CM/Belanger advised that it was signed off by the Public Works Department and was a contract approved by the City Council. C/Papen moved, C/Ansari seconded to approve the Voucher Register dated August 16, 1994 in the amount of $286,735.46. With the following Roll Call vote, motion carried: AYES: COUNCIIMEMBERS - NOES: COUNCIIMEMBERS - ABSENT: COUNCIIMEMBERS - Miller, Ansari, Papen, M/Werner MPT/Harmony None 6.5 TEMPORARY SERVICES FOR FINANCE - ACM/Usher recommended that temporary clerical services in the Finance Department be contracted with Accountants Overload and Moreland & Associates, for a total amount of $37,400. MPT/Harmony asked if Moreland & Associates was the same company that reviewed his memorandum and if other companies had been called for proposals. He also asked that it be entered into the record that he had received a fax from another accounting firm for a CPA/controller position with an hourly rate of $34.65 - $61.90. ACM/Usher advised that it was, in fact, the same company that had reviewed MPT/Harmony's memorandum and stressed that the City needs someone experienced in handling purchase orders. C/Ansari commented that $42.00/hour seemed exorbitant for an accountant who is not a CPA. M/Werner commented on the fax Mr. Harmony referred to and asked why the company did not bid on all services and if other companies came in at a lower range. ACM/Usher advised that he did not know why their quote did not include other services and advised that he would ask Moreland & Associates if they would lower their fee range. CM/Belanger advised that the motion would affect the position that handles purchase orders, payroll, etc. and this would cause a three-week backlog. He also advised that the City needs to authorize $20,000 for this service. C/Papen moved, seconded by MPT/Harmony to approve the services of Accountants Overload in the amount of $6,500 and reject the proposal of Moreland & Associates in the amount of $15,200. With the following Roll Call vote, AUGUST 16, 1994 the motion carried: PAGE 5 AYES: COUNCILMEMBERS - Miller, Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None C/Papen moved, MPT/Harmony seconded to adjust the budget not more than $15,000 for accounting services. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Miller, Papen, Ansari, MPT/Harmony, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None 6.6 PURCHASE OF GENERAL OFFICE SUPPLIES FOR FY 1994-95 - CM/Belanger recommended that the City contract in an amount not to exceed $15,000 with Eastman Office Products for general office supplies. MPT/Harmony expressed concern regarding open purchase orders and stated that he would like to see staff come back with a lower amount for the open purchase order. He also stated that bids should be gotten from several different stationary companies and that Eastman Office Products should give the City a government rate. CM/Belanger advised that the open purchase order is only for general office supplies and does not include any office furniture or other large office items. He further stated that the City's purchase order ordinance is for items less than $1,000 and is excluded from the informal bid process. C/Papen moved, C/Ansari seconded to approve an open purchase order in the amount of $15,000 with Eastman Office Products for general office supplies for FY 1994-95. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Miller, Ansari, Papen, M/Werner NOES: COUNCILMEMBERS - MPT/Harmony ABSENT: COUNCILMEMBERS - None 6.9 CONTRACT EXTENSIONS: 6.9.1 LIGHTING & LANDSCAPE ASSESSMENT DISTRICT NOS. 38, 39 AND 41 - ACM/Usher recommended that the contract with Accurate Landscape Maintenance for District No. 38 in the amount of $43,785.63 and District No. 39 in the amount of $71,042.66 and one contract with Landscape West, Inc. for Maintenance District No. 41 in AUGUST 16, 1994 PAGE 6 the amount of $40,042.23 be approved and direct staff to prepare new specifications for maintenance of each district within the next six months. MPT/Harmony expressed concern about renewing these contracts because of increases in costs. ACM/Usher advised that there is no CPI increase for FY 1994-95 and that the recommendation is at the same rates as existed at the end of 1993-94. CM/Belanger advised that the increases are due to these districts requiring additional development. Terry Birrell commented on the Accurate Landscape purchase order and additional services in the approximate amount of $4,000 that is not mentioned in the contract. CM/Belanger advised that additional services fall into two categories --the first category does not include anticipated materials and products and the second category is for fertilizer, etc. and is part of the bid package. He also advised that the old bid did not have these incidentals included and that these items are budgeted in the amount of approximately 24%. C/Papen moved, C/Miller seconded to approve the extension of two contracts to Accurate Landscape for maintenance of District No. 38 in the amount of $43,785.63 and District No. 39 in the amount of $71,042.66 and one con- tract to Landscape West Inc. for Maintenance District No. 41 in the amount of $40,423.23. Further, authorize the Mayor to sign Letters of Agreement and direct staff to prepare new specifications for maintenance of each dis- trict for bids within the next six months and bring back to Council for approval. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Miller, Ansari, Papen, M/Werner NOES: COUNCILMEMBERS - MPT/Harmony ABSENT: COUNCILMEMBERS - None 6.9.2 ACCURATE LANDSCAPE & MAINTENANCE CORP. FOR MAINTENANCE OF 8 CITY PARKS - CM/Belanger reported that the amount paid in FY 1993-94 is the same as for FY 1994-95 and recommended AUGUST 16, 1994 PAGE 7 approval of extension of the contract for maintenance of the City's parks. In response to MPT/Harmony, ACM/Usher stated that the contract was approved by Council on June 15, 1993 and CM/Belanger advised that this was part of a bid package and not negotiated. M/Werner moved, C/Miller seconded to approve extension of the contract with Accurate Landscape & Maintenance for maintenance of 8 City parks. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Miller, Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None 6.9.3 WEED CONTROL/SIDEWALK AND PARKWAY MAINTENANCE - CM/Belanger advised that this was for extension of a contract for maintenance of weed control, sidewalk and parkway maintenance. The amount of $54,742.00 is the same as FY 1993-94. MPT/Harmony asked how long the City has contracted with Landscape West and how staff determines how long the contract will run. CM/Belanger advised that the City had used the L.A. County for vegetation control, and found the experience to be less than satisfactory. He also advised that staff assessed the market and if the contractor is not increasing the agreed amount, staff will recommend an extension of the contract for two more years. MPT/Harmony moved, C/Ansari seconded to approve extension of the contract with Landscape West for weed control/sidewalk/ parkway maintenance in the amount of $54,742. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Miller, Ansari, Papen, MPT/Harmony, M/Werner None None AUGUST 16, 1994 PAGE 8 6.9.4 GRAFFITI REMOVAL - CM/Belanger recommended authorization to enter into an agreement with Graffiti Control Systems and the San Gabriel Valley Boys Club for graffiti control in an amount not to exceed $20,000. CM/Belanger advised that staff would be balancing the quality of service and how the Graffiti Hot Line will be worked through the Boys Club. C/Ansari asked staff to look into the purchase of the City's own equipment and use of staff and the cost effectiveness. MPT/Harmony moved, M/Werner seconded to approve extension of the contract with Graffiti Control Systems for graffiti removal for FY 1994-95 in an amount not to exceed $20,000; authorize the Mayor to sign the Letter of Agreement; and give staff latitude to exact a higher performance from the San Gabriel Valley Boys Club for graffiti removal. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None RECESS: M/Werner recessed the meeting at 8:50 p.m. RECONVENE: M/Werner reconvened the meeting at 9:02 p.m. MATTERS WITHDRAWN FROM CONSENT CALENDAR (CONTFD.) - 6.13 ADOPTED RESOLUTION NO. 94-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING ITS INTENTION TO DENY A DEFENSE TO CITY COUNCIL MEMBERS RELATING TO CERTAIN LAWSUITS ALLEGING LIBEL OR SLANDER - ACM/Usher advised that a declaration made by the Council that activities not authorized by Council are not to be considered within the scope and duties of City Council members. MPT/Harmony advised that the Resolution would remove the California Public Official Shield Law based on mere accusations. He expressed concern that the Resolution would leave Council Members without any protection and he was strongly opposed it. C/Ansari advised that she would like the Resolution to be a little broader. AUGUST 16, 1994 PAGE 9 C/Papen stated that any Council Member acting as an individual filing a lawsuit has never been paid by a municipality. She further stated that the City is responsible for providing defense for a Council or staff member when acting in said capacity. M/Werner advised that a private organization was threatening lawsuit regarding MPT/Harmony's "City Hall News." C/Ansari asked that a disclaimer be made on MPT/Harmony's "City Hall" newsletter that states that this is only one Council member's opinion and requested that this item be scheduled for the next meeting for public comments. ICA/Montgomery advised that this item's wording was changed and that a public hearing had already been completed. M/Werner advised that the vote on this item is valid; however, it will be on the next agenda for public discussion. C/Papen moved, C/Miller seconded to adopt Resolution No. 94-40 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING ITS INTENTION TO DENY A DEFENSE TO CITY COUNCIL MEMBERS RELATING TO CERTAIN LAWSUITS ALLEGING LIBEL OR SLANDER. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Miller, Papen, M/Werner NOES: COUNCILMEMBERS - MPT/Harmony ABSENT: COUNCILMEMBERS - None ABSTAIN: COUNCILMEMBERS - Ansari 7. PUBLIC HEARINGS: NONE 8. OLD BUSINESS: 8.1 DEVELOPMENT AGREEMENT NO. 92-1, VESTING TENTATIVE TRACT MAP NO. 32400, CONDITIONAL USE PERMIT NO. 91-5 AND OAK TREE PERMIT NO. 91-2; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: ARCIERO & SONS, INC.) - C/Miller stated that he would be abstaining from voting on this item for the same reasons previously stated. ICA/Montgomery advised that public comments would be out of order at this time since these issues are being carried over to future meeting dates. C/Papen moved, C/Ansari seconded to continue this matter to September 20, 1994 as recommended by staff. With the AUGUST 16, 1994 PAGE 10 following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None ABSTAIN: COUNCILMEMBERS - Miller 8.2 DEVELOPMENT AGREEMENT NO. 92-1, VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-8, THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: RnP DEVELOPMENT, INC.) - C/Miller advised that he would be abstaining from discussion of this item due to the same reasons previously stated. ICA/Montgomery advised that public comments would be out of order at this time since these issues are being carried over to future meeting dates. C/Papen moved, C/Ansari seconded to continue this matter to a future meeting as recommended by staff. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None ABSTAIN: COUNCILMEMBERS - Miller 8.3 TENTATIVE TRACT NO. 51253, CONDITIONAL USE PERMIT NO. 92-12 AND OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: SASAK CORP.) - C/Miller stated that he would be abstaining on discussion of this issue due to reasons previously stated. ICA/Montgomery advised that pubic comments would be out of order at this time since this issue is being carried over to a future meeting date. C/Papen moved, C/Ansari seconded to continue this matter to September 6, 1994 as requested by staff. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None ABSTAIN: COUNCILMEMBERS - Miller 8.4 PROPOSED L.A. COUNTY COMMUNITY FACILITIES DISTRICT FOR LIBRARY SERVICES - CM/Belanger asked the Council to consider participating in the Community Facilities District at a tax rate of $28.00/year per parcel for the AUGUST 16, 1994 PAGE 11 financing of the Library district. He advised that some districts have placed this on the ballot and some have not taken any action to participate. Angela Hsu, 2438 Diamond Bar Blvd., volunteer for the Library, stated that she supports this program and feels that it is very important for the children. Gillian Ray, 1717 Tiffany P1., Children's Librarian, commented on her support for this taxation and explained all the benefits that the County libraries have. She advised that the Council needs to make the decision and not place it on the ballot. Beverly Van Citters, 23933 Cougar Creek Rd., stated that she supports the library; however, she disagreed with the Mello -Roos taxation and the money going to any other library besides the D.B. library. She also stated that the City is keeping the library open with the City's money. She asked if the Mello -Roos money would include other public facility districts such as fire, police, etc.; have other districts been developed as a result of this law; could the community's taxes be increased if these districts are established; does Mello -Roos have a successful track record generating income. ICA/Montgomery advised that the County has done this as a special district because there is a procedure loophole in it. He also advised that Mello -Roos has not been an overall success because of the economy and that the Mello -Roos could be just for this district only and not for other services. He further advised that it would be a county -wide district and the money would be administered by the County. Mike Garafalo, representing the L.A. County Libraries, advised that large cities are participating and other cities are placing this issue on the ballot for a vote of the people and that the Mello -Roos tax is strictly for the libraries. C/Papen asked what would prevent the State from robbing the library district again to balance their budget and if they are prohibited by law from diverting the funds of a Mello -Roos district. She also asked what the fee rate schedule would be for the community. Mr. Garafalo advised that if the Governor signs 1648, it would prevent the taking of any further property tax and Mello -Roos money could not be taken from the County and would go to the property owners in the City that provided it. He also advised that the fee rate schedule would be the single-family dwelling of $28.50 (including condominiums); multiple family residential apartments of $21.38 per unit; mobile homes at $14.24 per unit; non-residential property would be established on a AUGUST 16, 1994 PAGE 12 formula; business would be calculated on 7 units per acre and a formula would be used for that kind of business. ICA/Montgomery asked if the County has considered facilitating individual Mello -Roos elections in the various cities to eliminate the suspicion that the money will not remain in the city. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., stated that she supports the library; however, she does not support Mello -Roos taxation and felt that this matter should be placed on the ballot. Max Maxwell stated that he does not support Mello -Roos and wants to see the City stay away from the County. He further stated that he encourages the City to do something within the City. Frank Dursa expressed his non-support of the Mello -Roos District. C/Ansari advised that the League of Cities has called for a special meeting regarding the library district and that the City will have three representatives at that meeting. Tom Van Winkle agreed with previous speakers and asked if the schools have libraries. He commented on City -on -Line and asked how much educational information was available and if non -computer users could also get the same information from the City. Angela Hsu stated that knowledge is power and for $28, people are going to short-change the children of this community. M/Werner advised that the County asked that this item be approved or acted upon by each of the cities and the L.A. County Board of Supervisors is acting on it on behalf of the rest of the unincorporated parts of the County. MPT/Harmony commented on the $166,000 given to the library by the City and asked what level of funding and what assurances the City would have that the library could be open the two extra days if the district isn't formed. CM/Belanger advised that the money granted to the library relates to the $43 million budget increase, as the County budget goes down, our money will subsidize the library. C/Ansari expressed support for a library district and an initiative placed on the ballot for citizens to vote on, but was against Mello -Roos because it is controlled by the County. AUGUST 16, 1994 PAGE 13 M/Werner stated that he did not think that a Mello -Roos assessment was a good solution. He advised that he wants to see the City review all the options before taxing the community. C/Papen expressed concern about the Council speaking on the County's library system. She advised that this library is in a District and administered by the County Board of Supervisors. She challenged the Council to consider putting this item on the ballot. C/Miller advised that, by law, money collected through the Mello -Roos by the County would be distributed to every other District and the City would get very little back. M/Werner moved, C/Ansari seconded to deny participation in the proposed Library Community Facilities District by the County of Los Angeles. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner None None 8.6 ADOPTED RESOLUTION NO. 94-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A SPEED ZONE STUDY JUSTIFYING SPEED LIMITS ON CERTAIN CITY STREETS - MPT/Harmony moved, C/Miller seconded to adopt Resolution No. 94-41. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner None None 8.5 DISCUSSION RE: "POCKET PARK" AT WESTERLY TERMINUS OF SUNSET CROSSING - Regarding the proposed Industry Materials Recovery Facility, CM/Belanger advised that the City's response, the City's consultant's response, the City Attorney's response and citizens' responses have all been transmitted to the City of Industry. CDD/DeStefano presented a map showing what a "Pocket Park" would look like at the terminus of Sunset Crossing. C/Papen stated that vacating Sunset Crossing had to wait until the General Plan was completed. CM/Belanger advised that this matter was not for approval, but to direct staff to make sure that this matter is discussed at length during the General Plan process at the Planning Commission level. AUGUST 16, 1994 PAGE 14 C/Ansari agreed with C/Papen in making sure that this whole issue is legal. C/Papen expressed concern regarding the outcome of the parking area if the park goes in. Staff needs to discuss the matter with the YMCA Board of Directors. MPT/Harmony agreed with C/Papen and asked to see numbers as to how much a park would cost the City. Max Maxwell stated that this area has always been, and should remain, a cul-de-sac and not a through street. Dr. Larry Rhodes asked who owns and controls the street. He advised that he does not want to see this as a through street. C/Miller advised that the City owns and controls the street. 8.7 DISCUSSION RE: ESTABLISHMENT OF MUNICIPAL CAMPAIGN EXPENDITURE LIMITS - CM/Belanger advised that discussion of this matter was requested by C/Ansari to look into the possibility of establishing campaign expenditure limits within the City. He reported that Government Code Section 81013 provides for General Law cities to establish more stringent disclosures in contribution laws than are found in the Political Reform Act that established these sections. M/Werner asked how this would be enforced. CM/Belanger advised that the City would enforce it. C/Ansari stated that, during last year's campaign, expenditures escalated to an exorbitant amount and that she would like to see some type of controls limiting campaign expenditures. C/Papen asked C/Ansari how much of the candidate's own money could be used and stated that possibly, a policy may be drafted for the candidates' receipt of money. M/Werner asked what other cities have done. CM/Belanger advised that staff would provide information on what the limits currently are and indicate what other cities have done since the Political Reform Act. C/Papen asked that the staff report be mailed to all Commissions, previous candidates and the Chamber of Commerce for their comments. C/Ansari asked about Political Action Committees and what AUGUST 16, 1994 PAGE 15 other cities do with them. 9. NEW BUSINESS: 9.1 CITY ATTORNEY REQUEST FOR DIRECTION ON AMICUS CURIAE BRIEF - ICA/Montgomery stated that the City should file an Amicus Curiae Brief advising that the Council's position would be that the City is not liable for acts of employees not obviously acting within their scope of responsibility. M/Werner asked if there was any cost to the City. ICA/Montgomery advised that there was no cost. With consensus of the Council, ICA/Montgomery was directed to prepare the Amicus Curiae brief. 8. OLD BUSINESS (CONT'D.) 8.10 DISCUSSION RE: CITY COUNCIL SUB COMMITTEE ASSIGNMENTS - C/Papen stated that she would like to see the balance of committee assignments more equal and asked that the current assignments be revised. In response to M/Werner, CM/Belanger advised that besides the Finance Committee, not many meetings have occurred. M/Werner agreed to go through the subcommittee list with the City Manager and report back with a recommendation. 8.11 DISCUSSION RE: PUBLIC IMPROVEMENT SIGNS CARRYING NAMES OF COUNCIL MEMBERS - MPT/Harmony suggested that Council Members do not need to have their names placed on construction signs. Max Maxwell agreed with MPT/Harmony. MPT/Harmony moved, C/Ansari seconded to prohibit the names of City council members on public works project signs. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony NOES: COUNCIL MEMBERS - Miller, M/Werner ABSTAIN: COUNCIL MEMBERS - Papen 8.8 DISCUSSION RE: ORDER OF AGENDA ITEMS, BEGINNING TIME FOR REGULAR CITY COUNCIL MEETINGS, AND OTHER ISSUES RELATED TO THE CONDUCT OF CITY COUNCIL MEETINGS - Continued to September 6, 1994. 8.9 BROWN ACT - EFFECT UPON CITY COUNCIL, LESS THAN A QUORUM - Continued to September 6, 1994. AUGUST 16, 1994 PAGE 16 10. ANNOUNCEMENTS: NONE 11. CLOSED SESSION: NONE 12. ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting at 11:03 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk k - — I N T E R O F F I C E M E M O R A N D U M TO: Mayor Werner and Councilmember Ansari FROM: Linda G. Magnuson, Accounting Manager SUBJECT: voucher Register, October 16, 1994 DATE: October 13, 1994 Attached is the Voucher Register dated October 18, 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 October 18, 1994 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION AMOUNT 001 112 General Fund $137,161.17 Prop A Fund 115 Integrated Waste Mgt. Fund 306,070.00 138 LLAD 138 Fund ,307.30 139 LLAD 039 Fund 155,167.57 141 LLAD #41 Fund 16,003.51 250 CIP Fund 6,673.70 10.877.96 TOTAL ALL FUNDS $492,261.21 APPROVED BY: Linda G. Mag u n Accounting Mana er Terrence L. Belanger City Manager Eileen R. Ansarl Councilmember C t y o r D a a e J S a 4 4 4 RUNTIME: 12:2'510113/94 VOUCHER REGISTER PGE DUE TWJ.... — ......... Oi 1 x/94 VENDOR NAME VENDOR ID. # a PREPAID ACCOUNT PROJ.T:.X-NO BATCH PO.LINE NO. ENTRE DUE I%OICE DESCRIPTION AMOUNT DATE r�^; ------------------------------------------------------------------------------------------------------------------------------------ Barbosa Garcia & Barres Barbosa -1001-4020-4011 4 51018B Brea, City of BreaCity *001-4350-5300 2 51013D 01/1875 :EWAER CEWAER *0C1-4010-2330 3 51018A Chan, Mel 1356 #001-347:3 24 510IBB Community Disposal Co. ComDisposl i+01-4610-55131 � 51018D: 01/::061 Day & Night Copy Center Day&Night 30+'1-4210-42<) 5 5101E 01/1219 Dewar,Lurdin&Associates Dewar, *250-4510-6411 01495 6 5101BD 01/1007 Erlr:sen, Cathy 1357 -" i:) 18 5i01:3B r&A =ederal Credit Union P&ACreditJ 10;12 10/1,} Legal Srvcs-DBA 70.20 TOTAL DUE VENDOR --------) 70.:0 101 121 10;1: ^••==i RecSvcs-September 94 25,555.00 TOTAL DUE VENDOR --------) 25,.555.00 10/13 110/18 Meeting-Ansari, Paper 40.00 TOTAL DUE VENDOR-. --------) 40.00 10/11 10/121 Recreation Refund `9.00 TOTAL DUE VENDOR --------) 59.00 10/11 10/18 Street Sweeping -9/94 7,339.72 TOTAL DUE VENDOR --------) 7,339."-n 10/13 10/18 058462 Copies/Draft General Plan 804.30 TOTAL DUE VENDOR --------) 804.30 10/11 10/18 DB -001-1 Slurry Sea! Administratin 7988.00 TOTAL DUE VENDOR --------) 793.00 10/11 10/18 Recreation Refund TOTAL DNS VENDOR --------) 8.00 10/12 10/13 PP 20 Credit Union Deductible 1,655.75 10/06/94 (M0011154 TOTAL PREPAID AMOMT ----) 1,6.x.75 TOTAL DUE VENDOR --------) 0.00 of 2iamo1d Bar 444 RUN TTIE: 122. 101'13134 V 0 U +E B-C i 3TFR � f. G E iUE THRU .............10/18'94 VENDOR NAME VENDOR ID. PREPAID ACCOUNT F'ROJ.TK-NO BATCH PO.LINE/N0. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE ESCR'IPTION AMOUNT GATE CHECv: A-t Bus Sales A-? Bus *0�J1-4553-4000 51'J181, �ii;`2124 10/12 i+)/l3 Prof Svcs-Van Evaluations 4X.00 TOTAL DUE VENDOR--------) 400.00 ARA Services IRAService *001-4090-2325 4 51013A 01f1962 10/11 10/18 3388.A6 Meeting Supplies-9/94 223.9) TOTAL DUE VENDOR--------) 123.91) AT & T AT&T *0c)1-40'70-2125 3 51018A 10%11 10/18 018118164801 Phone Charge5-9/94 23.51 *001-4090-2125 4 51018A Will 10/18 18094238.5002 Bldg&Safety Chrgs-9/94 23.97 TOTAL DUE VENDOR--------) 47.48 Accountants Overload Accountant *001-4050-4000 8 51018A 01/2110 10/11 10/18 411935 Temp.Personnel-9/19-9/23 66+).00 *001-4050-W* 10 51018A 01/2110 10/11 10/13 418952 Tenp.Personnel-9/26-9/30 660.00 TOTAL DUE VENDOR--------) 1,320.00 Accurate Landscape Accurate *001-4328-5300 3 51018D 07/2207A 10/12 10/18 Irrgtn.Supp.SumitRidge 92.81 *001-4331-5300 7 51018D 08/2207A 10/12 10/18 34296 Irrigation Supp.Sycawre 102.97 *002-4313-5300 3 51018D 02/2207A 10/12 10/18 34298 Irrigation Supp-Heritage 42.68 *001-4319-5300 3 51018D 01/2207A 10/12 10/18 34299 Irrigation-Peterson Park 373.80 *001-4311-5300 3 51018D 06/2207A 10/12 10/18 3,QW Irrigation Supp-Paul Grow 26.74 *001-4313-2210 8 510180 01/2020 10/12 10/18 34366 Drinking Ftn Repair-Hrtge 310.00 TOTAL DUE VENDOR--------) 949.00 Accurate Landscape Accurate *132-4538-6410 OT�05 2 51018D 10/12 10/18 32501B Guard Rail Lndscping-Rete 2,752.00 TOTAL DUE VENDOR --------) 2,752.00 After 5 SIgn Shoppe After5Sign ►001-4095-12W 2 51018E 01/2186 10/13 10/18 13923-1 Multi Cultural Sign 129.90 TOTAL INE VENDOR--------> 129.90 Ballan, Elsie 1363 *001-3478 17 51018B 10/11 10/18 Recreation Refund 8.00 TOTAL DUE VENDOR--------) 8.00 RUN TIME: 12:25 10/13/94 V O U C H E R R E G I S T E R PAGE 3 SUE THRU.............10/18x94 VENDOR NAME VENDOR ID. # # PREPAID ACCOUNT PROJ.TX-NO HATCH PO.LINE/`NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Ferris, Paulette 1369 #001-3478 29 510188 10/11 10/18 Recreation Refund 51.00 TOTAL DUE VENDOR --------) 51.00 Fibres Fibrez #115-4515-1200 2 51018C 01%2125 10/12 10/18 Ig1ol801 Oil Collection Pans 2,489.50 TOTAL DUE VENDOR --------) 2,489.50 Fields, Elizabeth 1358 TOTAL DUE VENDOR --------} 0.00 Fields, Elizabeth 1365 #001-3478 35 510188 10/13 10/18 Recreation Refund 84.00 TOTAL DUE VENDOR --------) 84,00 Fleet Call FleetCall #001-4090-2130 6 51018D 01/216; 101112 10/18 9200447 Radio Access-July&August 317.10 TOTAL U VENDOR --------) 317.10 GTE California GTE #001-4040-2t25 2 51018A 10/11 10/18 "W-0368 Modum Services -10/94 16.41 TOTAL DUE VENDOR --------) 16.41 GTE California GTE #001-4090-2125 6 51C18E 10/13 10/18 Phone Bldg&Safety-7;94 2:'4.78 TOTAL DUE VENDOR --------) 134,78 GTE Caiifornia GTE 0Oi-40Qi),-2130 3 51018A 10/11 10/18 E961v)1453 Equip.Rental 4190-10/94 444.22 TOTAL DUE VENDOR --------) 444.22 GTE California GTE #,]01-4319-21'25 1 `1018A 10%11 10/18 861-'-039 Phone Peterson Prk-10/94 38.56 TOTAL DUE VENDOR --------) 38.56 GTE California GTE 4001-4090-2130 4 5101E.A 10/1i 10/19 E960000496 Equip.Rental - 9/94 880.03, TOTAL DUE VENDOR --------) '0.03 * * * City of Diamond 3µr * * * RUN TIME: 12:25 10/13/94 V O U C H E R R E �s I S T E R PAGE 4 Ed1E THRU.............10/18/94 VENDOR NAME VENDOR ID. * * PREPAIE ACCOtAT PRO�.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Hanson Corporate Express HansonCorp *00 1-4210,42,00 1 151018A *(001-4310-6200 4 51016A 0111121066 Hentges, Holly *0il-":-470 +1 51vI E Hsu, May 1371 *001-3478 27 510138 10/113 10,`1'3 Error 10/11 10/18 11722404 File Cabinets - Parks TOTAL DUE VENDOR -------- i0/11 i0/i8 Recreation Refund 2 TOTAL DUE VENDOR -------- 10/11 10/18 Recreation Refund 092494 TOTAL DUE VENDOR -------- T nland Empire Stage InEmpStage *001-4'350-5310 2 51018D 02/2234A 10/12 10/18 092494 Eicursion-State Line -9/24 *112-4360-5310 4 510180 01/2234A 10/12 10/18 092494 Excursion State Line -9/24 TOTAL DUE VENDOR -------- Inland Valley Dly Bulletn IVDB 1001-2300-1010 6 51018A 10/11 10/18 51475 Pub.Hearing FPL 94-020 *001-7300-1010 4 51018A 10/11 10/18 57891 Pub.Hearing FPL 94-021 001-2300-1010 5 51018A 10/11 10/18 57894 Pub.Hearing FPL 94-018 TOTAL DUE VENDOR --------1 Int'1 Business Equipment InBusEquip *001-4090-2100 14 51018A 01/2146 10/11 10/18 7014 Copy Charge - 9/94 *001-4090-7200 28 51018A 02/2146 10/11 10/18 7014 Xeroi Base Charge -9/94 TOTAL DUE VENDOR -------- International Conference IntlConf *001-4210-2340 2 51018B 01/2226 10/12 10/18 Prepay Code Enfrcmnt.Ecam-10/19 TOTAL PREPAID AMOUNT ----) TOTAL DUE VENDOR --------) Interntl Inst of M. Clerk IIMC #001-4040-2315 1 51018A 10/11 10/18 Annual Membrshp.Dues94-95 TOTAL DUE VENDOR --------) 6.43- 644.4:= 0.00 _8. W 38.00 20.00 20.00 5.00 70.00 75.00 58.62 49.00 49.00 156.62 365.19 281.00 646.19 60.83 10/05/94 0000021152 60.83 0.00 160.00 160.00 }�+ City of Diamond Ear + RUN TIME: 12:25 10/13%44 V O U C H E R R E G 1 S T E R PAGE 5 DUE THRU .............10i18/94 VENDOR NAME VENDOR ID. # PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INIX ICE DESCRIPTION AMOUNT BATE CHECK: Izquierdo, Francesca 1364 *001-341= 15 51:188 10/11 10ii` Recreation Refund 27,;?0 TOTAL DUE VENDOR -------- Jew, Shirley *001-3473 21 51018E 10/11 10/18 Recreation Refund 38.00 TOTAL DUE VENDOR --------) 38.00 John Alden G.T. JohnAiden *Oai-4010-(WO 15101 A 10/!1 20/13 PI.Bnfts CMBR-Miller10/94 470.00 TOTAL DUE VENDOR --------) 470.00 Johnson, Debbie 1372 *001-3415 26 51018i, 10/11 10/18 Recreation Refund 61.00 TOTAL DUE VENDOR --------) 61.00 Judicial Data Systems JudDataSys #001-4411-5405 1 51018D 10/12' 10/18 August Parking Cite Admin -8/94 488:.70 TOTAL DUE VENDOR --------) 43°.10 Karageorge, Rachel 1354 *C41-3478 23 51013E 10/11 10/18 Recreation Refund 41.00 TOTAL DUE VENDOR --------) 41,00 L.A. County -Sheriff's Sep LACSheriff *01 -4411-5401 ? 52018A 10;11 10/18 30fa)! Suppi.Srvc.Heii-8/'?4 329.12 TOTAL IIUE VENDOR --------] 3-3.91 JH Ce' l,uilar Telephone LACellular #�?�?I-4t?4)-:. 5 s 51018A 10!11 10/1,: 1' 72444 Emerg.Preparness-10/ 4 36.37 iKa1-4i� 0-2'12'5 1 51018A 10/11 10/10. 123724444 City Manager - 10%94 110.07 *001-40'.K-2125 5 51018A 10/11 10/18 129724444 Gen.Govt-10/94 31.57 TOTAL DUE VENDOR --------) 178.01 Lancaster, City Of Lancaster *112 -409;? -72' 0 51013C 10/13 10/1; Prop A Exchange Of Funds 300,000.00 TOTAL DUE VENDOR --------) .300,(X(1.00 *** C i t y o` D: a m c n d D a r *+* RUN TIME: 12:25 10/13/94 V O U C H E R REGISTER FADE 6 DUE THRU.............IQ/18/'94 VENDOR NAME VENDOR ID. + * PREPAID ACCOUNT PROj.TX-N0 BATCH PO.LINEjNO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Landscape West *001-4558-5508 *141-4541-5500 *141-4541-5500 Laverne, City of Lawrence, Carmen *001-3478 Lee, Sally *001-3478 LandscapeW 4 51018C 01/2122 10/12 10/18 013774 2 510180 01/2092A 10/12 10/18 013790 4 51018C 01/2092A 10/12 10/18 14197 LaverneCit 1373 13 51018A 1367 31 510188 Los Angeles County ISD LACISD *001-4090-2130 8 51018D 01/2129 10/11 10/18 10/11 10/18 10/12 10/18 112 M -Press MPress *115-4515-2110 3 51018D 01/2164 10/12 10/18 12122 Macadee Electrical Macadee *250-4510-6412 07095 4 51018C 01/1832A 10/12 10/18 1:356 Maint.Weed Abatement 4,561.84 Maint.Dist#41-7/94 3,336.:5 Miant&LIghting#41-9/94 3,336.85 TOTAL DUE VENDOR --------) 11,235.54 TOTAL DUE VENDOR --------} 0.00 Recreation Refund TOTAL DUE VENDOR -------- Recreation Refund TOTAL DUE VENDOR -------- Pager Rental -8/94 TOTAL DUE VENDS -------- 51.00 51.00 20.00 20.00 94.76 94.76 Used Oil Brochure Prnting 3,817.80 TOTAL DUE VENDOR --------> 3,817.80 Traffc5ignl-ShdaCyn 10,048.50 TOTAL WE VENDOR --------} 10,048.50 Mobil Mobil *001-4:3WI-2310 7 51018E 17/1939 10/13 10/18 K2045190 Fuel Com.Services-9/94 19.50 *v01-4 10-2310 6 51018E 16/1939 10/13 10/18 x:5331266 Fuel Maint-9/94 34.81 *001-4310-2310 8 51018E 18/1939 10/13 10/18 K5331583 Fuel Com.Services-9/94 21.20 *1<:?1-4:10-2310 1 51,018E 21'V 39 10/13 10/18 K5331896 Fuel Com.Services - 9/14 32,13 *001-4090-'71310 6 51013E 20/1939 10/13 10/18 K6733705 Fuel Cmgr-9/94 21.% *001-4310-2310 9 51018E 19.,'""1939 10/13 10/18 K:6734125 Fuel Com.Services-9/94 36.29 *061-4210-2200 1 510180 10/12 10/18 K6734416 Fuel -Planning 24.00 *001-4000-23!10 6 5101:3E 02/1'!64 10/13 10/18 K6734431 Fuel Gen.Govt-9/94 9.98 *001-40'90-2310 9 51018E 01/1964 10/13 10/18 K6734523 Fuel Gen.Govt-9/94 12.09 TOTAL DUE VENDOR -------- `, 211.96 *** City of Diamond Par *** RUN TIME: 12:25 10/13/94 V O U C H E R R E G I S T E R PAGE DUE THRU.............10/18/94 VENDOR NAME VENDOR ID. * * PREPAID ACCOLAVT PROJ.TX-NO DATCH PO.LINE/NO. ENTRv,IDUE INVG10E DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Montgomery, Michael MMontgomer 10';1-2110-I(<)S 6 51013E *00t-4020-4020 4 51018£ 01/2062 Moreland 1 Associates Moreland *001-4050-4000 li 51018A National Sanitary Supply NatSanitar *001-4313-2210 10 510181) 01112151 Norco Alarm Inc *001-4331-2126 Office Depot *001-4210-4220 NorcoAlarm 3 51018A 0111919 Office Dep 3 510188 PER'S Health Benefits PERSHealth *001-2110-1003 1 510188 *)01-4090-0093 1 51018B Payroll Transfer *001-10.`0 Pettis, Carolyn *001-3478 PayrollTr 2 51018B 13`3 22 51018B Pomona Valley Humane Soc. PVNS *001-4431-5403 2 51018A 01/1949 10/13 10/18 September Retirement 62-,41- 10,10 10/1^ Legal Services -9/94 5,312.00 TOTAL DUE VENDOR --------) 4,f 3.59 10/11 10/18 Temp.Personnel-9/1-9/7 1,406.00 TOTAL DUE VENDOR --------) 1,406.00 10/12 10/18 9945395 Maint Supplies-HeritagePk 89.40 TOTAL OLE VENDOR --------) 89.40 10/11 10/18 36230 Security Sycmre-10-12/94 78.00 TOTAL DUE VENDOR --------) 78.00 10/12 10/12 3 Ring Binders -Planning 48.55 10/10/94 0000021162 TOTAL PREPAID AMOUNT ----} 43.55 TOTAL DUE VEND --------} 0.00 10/12 10/18 Oct Health Ins,.Prems 10,424.25 10/18/94 0000021160 10/12 10/18 Oct Admin.Fee-10/94 52.12 10/06/94 OWW21160 TOTAL PREPAID AMOUNT ----} 10,476.37 TOTAL DUE VENDOR --------1 0.00 10/12 10/18 Payroll Transfer PP20 47,200.00 10/18/94 ")000020 TOTAL PREPAID AMOUNT ----} 47,200.00 TOTAL DUE VENDOR --------) 0.00 10/11 10/18 Recreation Refund 41.00 TOTAL DUE VENDOR --------1 41.00 10/11 10/18 9400-42500-8 Animal Cntrl Srvcs-10/94 4,514.09 TOTAL DUE VENDOR --------) 4,514.09 *** City of Diamond Bar *** RUN TIME: 12:25 10/13/94 V 0 U C H E R R E G I S T E R PAGE 3 DUE THRU .............10/18/94 VENDOR NAME VENDOR ID. * * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NC. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK PostNet and Printing PostNet *001-4090-2110 4 51018A 01/21130 10%11 10/18 9426162 Printing Envelopes 73.16 TOTAL DUE VENDOR --------? 73.23 Franz, Richard 1359 *001-:3478 20 51018B 10/11 10/18 Recreation Refund 45. DO TOTAL DUE VENDOR --------i 45.00 Premiere Leasing Co. PremiereLe *001-4350-2140 2 514;1.3E x)1,1982' 10/13 10/1 2761 Rntl.Syc�ere-Prtble-10/94 389.70 TOTAL DUE VENDOR --------} 389.70 R & D Blueprint R&DBiLie *001-2300-1010 9 51018C 10/12 1C/13 10.12 Copies FPL 93-019 16.98 *001-230?-10ill) 8 5101 SC 1(,,;12 10/13 15611 20 Copies Eir/FPL 94-025 887.65 TOTAL OLE VENDOR --------1 904_:: R.H.F. inc. RHFIMc *N)I-4411-1206. 4 51013A 10/11 10/1; _3799 Radar System Maint#RR5050 45.00 FiXI-4411-2200 : 51018A 10;11 10/13 14800 Radar System Maint#RR5087 80.00 * ?01- °' :-iiCiC' 2 5101:8A 10/11 10/13 14816 Radar System Maint#RR5Cr?0 45.C)0 Y= 1-4411-22iN _' 51 +184 10/11 10113 14892 Radar System Maint#62185 46,61 TOTAL DUE VENDOR --------} 216.61 Remedy T' -e irte:le" "gent Remedy *V.:; -421i-400' 7 5101 n 10/11 10/18 290'275 Temp.Planning -9/x'2,24/94 219.68 *0 0 1 - 4 2 11 0 -4:100 9 51013A 01/2160 10/11 10/12 2'0275 temp Persornel Planning 56.95 TOTAL IUE VENDOR --------} 286.63 Ri✓erside Blueprint RiversideB *2=`5-431("-6415 :)F,?aw 8 51018A 01/2152 10/11 10/13 77469 Blackiine Prnts/Pantera 31.46 71TAL DUE VENDOR --------} :31.46 Robert Driver Ins Co. RobDrive *uC1-231:-1004 1 51.1:8 10/12 10/18 Jul -Sept Special Events Ins Prem 655.00 10/10/94 OW0021161 TOTAL PREPAID AMOUNT ----} 555.00 TOTAL DUE VENDOR --------} 0.00 RUNTIME: 1 1:) i3/51A VOUCHER F E0ISTER F'-IGE g DUE TH?U.............1k) "3/ 94 &WOR NAME VENDOR 1D. PREFAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY Ir DUE INVOICE DESCRIPTION AMOUNT DATE CHECk:: --------------------------- -------------------------------------------------------------------------------------------------------- San Gabriel Vly Tribune SG'VTrihune *001-2300-1010 7 510.;3A Iii/il 10%18 269" Pubiic Hearing FPL94-020 112.64 TOTAL DUE VENDOR --------) 112.64 Scobey, Monique 134'4A *001-3478 32 51018B 10/12 10/18 Rec.Rfnd-ReplacesCk#218()6 12.80 10/06/94 000'X121156 TOTAL PREPAID AMOUNT ----) 12.80 TOTAL DUE VENDOR --------) 0.00 Sheriff's Emporium SheriffEmp *001-4030-1200 5 510188 10/12 10/18 Name Badge-Rpcls Ck#21806 11.26 10/18/94 0000021157 TOTAL PREPAID AMOUNT ----) 11.26 TOTAL DUE VENDOR --------) 0.00 Sir Speedy SirSpeedy *001-4210-1200 5 51018A 01/2002 10/11 10/18 16042 Business Cards B1dg&Sfty 185.12 TOTAL DUE VENDOR --------) 185.12 SkillPath Inc. SkillPath *001-4210-2340 4 51018D 01/2114 10/12 10/18 1212670 Seminar -10/17 Lungu 59,00 TOTAL DUE VENDOR --------) 59.00 Southern Ca Gas Co SoCaGas *001-4313-2126 1 51018A 10/11 10/18 Gas Heritage Park -9/94 43.30 TOTAL DUE VENDOR --------) 43.30 Southern Ca. Edison SoCaEdison *001-4311-2126 3 51018B 10/12 10/18 Electricity Paul GrM-8/94 30.04 10/06/94 0021159 *001-4316-2126 4 510188 10/12 10/18 Electricity Maple Hl -8/94 307.75 10/06/94 0000021159 *001-4319-2126 2 510188 10/12 10/18 Electricty-Peterson-8/94 72.87 10/12/94 0000021159 *001-4331-2126 4 51018B 10/12 10/18 Electricity Sycawre 8/94 347.38 10/06/94 0000021159 TOTAL PREPAID AMOUNT ----) 758.04 TOTAL DUE VENDOR --------) 0.00 Southern Ca. Edison SoCaEdison *139-4539-2126 3 510188 10/12 10/18 Electricity Dist#39-9/94 309.33 10/07/94 00000211508 TOTAL PREPAID AMOUNT ----) 309.3:3 TOTAL DUE VENDOR --------) 0.00 it v D i amuI;d Bar RUNTIME: 12:::510/1:/94 VOUCHER' REu ISTER PAGE i') DUE THPU .............10!13/94 VENDOR NAME VENDOR 1D. * * PREPAID ACCOUNT ------------------------------------------------------------------------------------------------------------------------------------ PROJ.TX-NO BATCH PO.LINE/410. ENTRfi/IA.1E INVOICE DESCRIPTION AMDUNT DATE CHECK. Talbot, Cindy 1370 .X01-347.3 '?8 510188 10/11 10:13 Recreation Refund 51.00 TOTAL DUE VENDOR --------) 51.00 Time Out Personnel Svc. TimeOut *001-4040-4000 5 51018D 10/12 10/13 931499 Receptionist - 08/02/94 27.44 #001-43504Xj0 2 510181) 01/2079 10/12 10/18 931499 Temp.Min.Secretary-7/28 .121.:80 *001-4"'ZO-40,00 6 510181) 01/2079 10/12 101118 931570 Temp.Min.Secretary-8/25 121.0 *WI-4350-4CM 4 510181) 01/2079 10/12 10/18 931636 Temp.Min.Secretary-9/22 121.80. *001-4040-40)0 6 51018D 10/12 10/18 PO 2076 Te* -Receptionist 4/30 93.04 TOTAL DUE VENDOR --------) 45.88 Torske, Nancy 136 }001-3478 14 51018B 101.1'11 10/18 Recreation Refund 38.00 TOTAL DUE VENDOR --------) :3.00 United Notary Association United Not *001-4040-2315 2 51010A 101,11 10/18 Notary Membrshp-Cribbins 26.00 TOTAL DUE VENDOR --------) 26.00 Unocal 'Unocal *001-40:30-2='10 4 Si018A 01/196= 10/tt 10/18 Gas -City Manager -9/94 26.11 TOTAL 011E VENDOR --------) 26.11 Urban Decision Systems Urban *0+1-40'95-426:. 3 5101-A 01/2073 101,11 10/18 146250 Demographic Data Package 180.20) TOTAL DUE VENDOR --------) 140.00 Usher, Frank. UsherF *(101-4095-4260 4 51018B 10/12 10/18 Supplies for Consumer Mtg 75.28 10/105%94 '0000021053 TOTAL PREPAID AMOUNT ----) 75.28 TOTAL DUE VENDOR --------) 0.00 V -Corp '.'-Corp *061-4090-210) 16 51018D 01/2024 10/12 10/18 0439 Tape Dupl-PC 10/22 9.75 TOTAL DUE VENDOR --------) 9.75 Walnut Vly Water Dist WVWaterbis TOTAL DUE VENDOR --------) 0.00 *** City of Diankond Bar ¢ RUN TIME: 12:2510/13/94 VOUCHER REG I ST ER DUE THRU.............10/18/94 PAGE 11 VENDOR NAME VENDOR ID. * * PREPAID * * ACCOUNT PROJ.T%-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Walnut Vly Water Dist WVWaterDis *001-4313-2126 3 5101S'E 10/13 10/18 Walnut Vly Water Dist WVWaterDis *139-4539-2126 6 51018E 10/13 10/18 Walnut Vly Water Dist WVWaterDis 10/13 10/18 8791 *001-4319-2126 4 51018E 10/13 10/18 *001-4328-2126 2 51018E 10/13 10/18 *001-4328-2126 3 51018E 10/13 10/18 *001-4331-2126 7 51013E 10/13 10/18 *001-4331-2126 10 51018E 10/13 10/18 Walnut Vly Water Dist WVWaterDis *13G-45:33-2126 4 51010-E 10/13 10/13 West Coast Arborist Inc. WCArbor *001-45`;_-5509 •1 5101,3E 01/1929 10/13 10/18 8791 *001-4558-5509 2 51018E 01/1929 10/13 10/18 8638 *00i -455c-5509 3 51018E 10/13 10/18 8838 *001-4558-5509 4 51018E 10/13 10/18 8838 Westrend Construction Westrend *00i-34ti 1 51018A Wilkins, Diane 1355 *001-347" 25 51013B Wright, Paul WrightP *{),' 1-407u-40t)t:; 2 510133 O1 /2,n)3A CiOI-4090-4000 4 510183 01/2240 10/11 10/13 10/11 10/13 10/1210/18 091.94 10/12 10/1 092094 Water Heritage Park -9/94 1,447.50 TOTAL DUE VENDOR -------- } 1,447.50 Water Dist#39 - 9/94 15,694.18 TOTAL DUE VENDOR --------} 15,694.18 Water Peterson Prk-9/94 5,110.96 Water Summitridge-9/94 4,050.58 Water Sunitridge - 9/94 1,744.87 Water Sycamore park -9/94 985.89 Hater Sycamore -9/94 9`78.21 TOTAL DUE VENDOR --------} 12,890.52 Water Dist#38-9/94 12,415.57 TOTAL DUE VENDOR -------- } 12,415.57 Emerg.Tree Rmvl-Dry Arder Emerg.Tree Rmvl.Lemon Error Emeeg.Tree.Rmvl/Leman TOTAL DUE VENDOR --------} Refund Receipt#16409 TOTAL DUE VENDOR -------- Recreation Refund TOTAL DUE VENDOR --------} P1ng.Comm.Mtg-9/12/94 City Council Mtg-9/20/94 TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR --------} 200 00 400.00 400.00- 200. 00 00,00- 200.00 400.00 100.00 1(:0.00 40.00 40.00 180.00 10/05/94 000(m)21155 180.00 10/05/94 0000021155 36C; , (N) 0.00 *=# City of Diamons bar *44 RUN TIME: 12:25 10%13/94 V O U C H E R R E G I S T E R FAGE 1 DUE THRL.............1G{18/94 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINEfNO. ENTRY/DUE IN',',=ISE DESCRIPTION AMOUNT DATE CHET% ------------------------------------------------------------------------------------------------------------------------------------ TOTAL PREPAID -----------) 61,623.21 TOTAL DUE ---) 4:'D 634 ' TOTAL REPORT ------------) 492,261.21 o- o- C i} RUN TIME: 12:1 10113/9-4 V G U C H E R R E GI ?TER, PAGE 1 FUND SUMMARY REPORT DUE THRL'.............. DISBURSE G/L GJE WILL POST ;JE iAS POSTED FUTURE TRANSACTIONS FUND TOTAL DIRECT PAY RE4CNUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE ------------------------------------------------------------------------------------------------------------------------------------ + 4_;C �4;i General Fund 137,1611,.17 611, -.48 1132 CLAD C8 Fund :5,167.57 250, C.I.P. Fund 1.0,8117.96 115 Int Waste Mgat F 6,:07..30 112 Prop A -Transit F 300,07 .00 141 LLAD #41 Fund 6,673.70 1.-9 LLAD #39 Fund 16,0)3.51 15,167.57 10,377•.`6 6,307.: O 300, 070 . Cx) 6,673.70 16,,0031.`_1 TOTAL------------------------ ----------------------------------------------------------------------- ALL FUNDS 492,61.21 0,Q51.48 3=3. so 430,941. _ CITY Ur DIAMUWU OPLA AGENDA REPORT AGENDA NO. 6,3 TO: Terrence L. Belanger, City Manager MEETING DATE: October 18, 1994►� REPORT DATE: October 13, 1994 FROM: Linda G. Magnuson, Accounting Manager TITLE: Treasurer's Report - July 31, 1994 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of July 1994. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification _ Resolution(s) _ Bid Spec. (on file in City Clerk's Office) Ordinances(s) _ Other _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed 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: ;er I�rence L. Belang ank M. Usher City Manager V Assistant City Manager Yes_ No Yes X No Yes X No Yes X No ,4 Linda G. Magn on Accounting Manager CITY COUNCIL IMIUxT AGENDA NO. MEETING DATE: October 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - July 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 July, 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 July 1994. This statement shows the cash balances for the various funds, with a breakdown of bank account balances and investment account balances. PREPARED BY: Li=nda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT July 31, 1994 GENERAL FUND $5,747,090.01 $910,594.27 $786,731.36 $5,870,952.92 TRAFFIC SAFETY FUND 0.00 11,153.00 11,153.00 GAS TAX FUND 2,478,796.62 2,253.83 2,476,542.99 TRANSIT TX (PROP A) FD 917,534.63 91,189.40 2,225.14 1,006,498.89 TRANSIT TX (PROP C) FD 1,381,608.07 67,211.00 1,448,819.07 INTEGRATED WASTE MGT FD 45,148.84 6,912.20 6,197.92 45,863.12 AIR QUALITY IMPRVMNT FD 59,837.24 6,821.17 53,016.07 PARK FEES FUND 275,733.48 74,169.65 349,923.13 S PARKS GRANT (PRP A) FD 0.00 0.00 COM DEV BLOCK GRANT FD (200.00) 6,388.00 8,706.88 (2,518.88) LANDSCAPE DIST #38 FD 251,120.91 4,860.59 24,655.21 231,326.29 LANDSCAPE DIST #39 FD 42,524.48 1,463.50 2,414.08 41,573.90 LANDSCAPE DIST #41 FD 150,413.14 2,148.01 6,036.57 146,524.58 GRAND AV CONST FUND 413,720.42 4,060.77 409,659.65 TRAFFIC MITIGATION FEE FD 0.00 0.00 CAP IMPROVEMENT PRJ FD 131,282.25 59,200.00 172,253.81 18,228.44 SB 821 FUND 162,403.22 162,403.22 SELF INSURANCE FUND 412,315.78 412,315.78 TOTALS $12,469,329.29 $1,235,309.62 11,022,366.74 $0.00 $12,682,282.17 Vill-L ;. i • L DEMAND DEPOSITS: INVESTMENTS: GENERAL ACCOUNT $351,388.13 PAYROLL ACCOUNT 1,017.77 CHANGE FUND 175.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS TIME CERTIFICATES COMMERCIAL PAPER L.A.I.F. TOTAL INVESTMENTS $0.00 0.00 12,329,201.27 $353,080.90 12,329,201.27 TOTAL CASH $12,682,282.17 . .x+R 9-•xrsa. _,t w-^i.� -ii ' x 9c.. --r.r-s,.-a?i t' insurance Atl r C1a�ms Manager tled Admnisttatinn % OC - 750 The Citv I}nvq^ Suite #00 r M"a P.O. Box 2-51 V _ Santa Ana, CA 92799.5180 - s (714)740-7999 r o' 800) 572-6900 FAX: 714.740-7592f1F a TO: City of Diamond 8ii" � X29, 1994 }` .. ATTEI+MON: Lynda *F / City C }.w �..�__. ,,moi RE: M Clai* �. /ua�(�►��ri cla�e INI D/Event .03/3 our Ai,ar s s-7s$3T We have reviewed the obays captioned claim'r te4e the action indicated below:• F [=ZZy crAIM RWZCTXOmt *qv1Q . k *taadard r10iRl ant . [ l of * a notice of ina ser than *, 19*. THre- MUST PT OF THE ORIGI �[ See Government Code seestit - AMENDED/Send a at�:: ' to the claimant, rejecting t "- -"-J/amended= �'r [ ] ther _ o the is claimant advis to file a writta urn copies in potaac' DAYS Y � _ OF RECEIPT OF cE: See Government- se, [ ] '16ject claimantq eve to Present a La in. See Gloviornment Code - x [ ] TAKE NOACTION: Defame any written roe ing our further advise. Please provide us wjt*' ar .eo -e f, the natio. if you have any questSsEstt :VJ*4 W can tact tiffs 3 vary z CARL TO PERSON OR PROPER7Y INSTRUCTIONS 1. Claims for death, injury to person or to personal property roust be filed lot later than 6 woos. after the occurrence. (Gov. Code Sec.:)ll.;) 2. Claims for damages to real pro2erty must be filed not later than 1 year. after ;he occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which :o locate place of accident. 5. This claim form must be signed on gage 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. 31GI1 EACH SHE1:T. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) To: The City of Diamond Bar Name of Claimant --- Home Add ess of Chaiimmant Ci:y an St e Lam' O✓Q.f- Business Address of Claimant � City and State Give address to which you desire notices or communications to be sent regarding this claim; 4402 9Z - &J�� 'L7'� et How did DAMAGE or INJURY occur? Give full nartidrufart Q;A�O cffy CLERK 94 AUG - 5 PM 1-.51 Age of Claimant (if natural person) Home Telephone Number -D Business Telephone Number `7l W nen did DAMAGE or INJURY occur? Give full particulars, date, time of day: -9Ll Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names ,and addresses and ineasurements from landmarks: What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: what 1)AMLIGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: 414'4KZLy '4o'q_-'L What ABIOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: 3� Give ESTIMATED AMOUNT as far as known you claim on account of of each item Eof prospective injury or damage, giving basis of computation: pl0 <�al � G�c.R// G6d//,f•-f/, ,�JC/LJ¢�/J SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, - ..i names of insurance Company: Expenditures made on account of accident or tn; : (Date — Item) Name and address of Witnessas, Doctors and Hospitals: READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" locat:;n -f yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of"c �e ' vehicle at the time of the accident by "B-1" and the point of impact by "X." -r your NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS FOR OTHER ACCIDENTS SIDEWALK Signature of Claimant or person filing on his behalf giving I relationship to Claimant: Typed Name: =-,!j - S UST BE FILED WITH CITY CLERK (GOV. CDDE SEC. 915a) . Cu Date Y-3 CITY OF DIAMOND DAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: October .18, 1994 REPORT DATE: October 10, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Notice of Completion for Traffic Signals Installation on Diamond Bar Boulevard at Fountain Springs Drive and Shadow Canyon Drive SUMMARY: The City Council on April 5, 1994, awarded the contract to Macadee Electrical Construction for traffic signals installation on Diamond Bar Boulevard at Fountain Springs Drive and Shadow Canyon Drive, for a total amount of $133,747.25 including $12,000 contingencies. The installation was completed on September 21, 1994. RECOMMENDATION: It is recommended that the City Council accept the work performed by Macadee Electrical Construction and authorize the City Clerk to file the proper Notice of Completion and release any retention amounts per previously approved plans and specifications. LIST OF ATTACHMENTS:X Staff Report _ Public Hearing Notification _ Resolution —Bid Specifications (on file in City Clerk's Office) _ Ordinances(s) X Other (Notice of Completion) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ REVIEWED BY: �..Ali Ld A MM 4effence L. Belanger rank 1 s City Manager J Assistant City Manager C: \ W?W\LMAKAY\AGENDA-9\DBaigna 1.018 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Notice of Completion for Traffic Signals Installation on Diamond Bar Boulevard at Fountain Springs Drive and Shadow Canyon Drive ISSUE STATEMENT File and Submit for recordation a Notice of Completion for traffic signals installation on Diamond Bar Boulevard at Fountain Springs Drive and Shadow Canyon Drive RECOMMENDATION: It is recommended that the City Council accept the work performed by Macadee Electrical Construction and authorize the City Clerk to file the proper Notice of Completion. FINANCIAL SUMMARY: This process of filing Notice of Completion has no financial impact on the City's 1994-1995 budget. BACKGROUND/DISCUSSION: The City Council, at their regular meeting of April 5, 1994, awarded the contract for the installation of traffic signals on Diamond Bar Boulevard at Fountain Springs Drive and Shadow Canyon Drive to Macadee Electrical Construction, the lowest responsible bidder. The construction contract amount, including change order items, was $132,220.75. On September 21, 1994, Macadee Electrical Construction completed the installation of the signals. Staff has determined that the work is in accordance with the plans and specifications prepared and approved by the City. Prepared By: David G. Liu C:\WP6 L1XDAKAYXCCA-94\&sig RECORDING REQUESTED BY I AND WHEN RECORDED MAIL TO Name City of Diamond Bar Street 21660 e. Copley Drive, Ste.100 Ad:ress C't Diamond Bar, CA 91765 Yg State Attention: City Clerk L I NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21660 E. Conley Drive, Ste. 100 Diamond Bar. CA 91765-4177 4. The nature of the interest or estate of the owner is; In fee (If other than fee. strike " In fee" and insert, for example. "purchaser under contract of purc`ase," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on September 21, 1994 . The work done was: liafic Signals Installation on Diamond Bar Blvd at Fountain Springs Drive and Shadow Canon Drive 1. The nayme of the contractor, if any, for such work of improvement was __ Macadee Electrical Construction til no contractor for work of improvement as a whole, insert "none".) _ (Date of Contract) S. The property an which said work of improvement was completed is in the city of Diamond Bar County of Los Angeles , State of California, and is described as follows: Traffic Signals Installation on Diamond Bar Blvd. at Fountain Springs Drive and Shadow Canyon Drive 9. The street address of said property is Dated: Verification for Individual Owner (If no street address has been officially assigned. irsert "none".) VERIFICATION Signature of owner cr CS;oU(e officer of owner named in paragra:s 2 or his agent I, the undersigned, say: I am the Senior Engineer the declarant of the foregoing ("President of", "Manager of", "A partner of', "Owner of', etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on , 19_, at , California. (Dale of signature.) (City where signed.) (Personal signature of the individual wrc is swearing that the contests of the notice of completion are true.) ` CE 11 C-1— — w t —.'c— I I is—P1. 6.-a 1 ..e_... 11 TO: MEETING DATE: FROM: CITY OF DIAMOND BAR AGENDA REPORT Honorable Mayor & Members of the City Council October 18, 1994 Lynda Burgess, City Clerk AGENDA NO. �o . REPORT DATE: October 14, 1994 TITLE: Authorization to increase contract amount for Special Legal Counsel re: Committee to Recall Papen and Miller vs. Lynda Burgess, et al SUMMARY: On May 17, 1994, the City Clerk and the City were served with a lawsuit by the Committee to Recall Papen and Miller regarding the finding that recall petitions against Council Members Papen and Miller were not valid due to an insufficient number of signatures. The Interim City Attorney indicated that he would be unable to provide legal counsel to Ms. Burgess or the City in this matter; therefore, special legal counsel was required. In their Closed Session on May 26, 1994, the City Council agreed to immediately employ the firm of Wallin, Kress, Reisman, Price & Pettit and a formal agreement in an amount not to exceed $10,000 was approved by the City Council on June 7, 1994. Due to the amount of research found necessary to defend this matter, it has been determined that an additional $5,000 will be required to complete the litigation process. RECOMMENDATION: It is recommended that the City Council approve a $5,000 increase in the contract amount with the firm of Wallin, Kress, Reisman, Price & Pettit representing the City Clerk and the City in the matter of Committee to Recall Papen and Miller vs. Burgess, et al. Said increase will result in a total contract amount of $15,000. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes No by the City Attorney? N/A 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? Yes _ X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? _ — 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ REVIEWED BY: Terrence L. E City Manager Frank M. Usher Assistant City Manager DEPARTMENT HEAD: Lynffa Burgess City Clerk CITY nP lummmn DAD AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: October 18, 1994 REPORT DATE: October 13, 1994 FROM: James DeStefano, Community Development Director TITLE: Development Agreement No. 92-2, Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, Oak Tree Permit No. 91-2, and Environmental Impact Report No. 92-1 (applicant: Arciero & Sons, Inc.) Continued from October 4, 1994. SUMMARY: On July 5, 1994, the City Council approved the applicant's 91 unit project, in concept. The Council directed the preparation of environmental findings, project conditions, and appropriate resolutions for subsequent review and final action. RECOMMENDATION: It is recommended that the City Council adopt Resolution Nos. 94 -XX and 94 -XX approving Vesting Tentative Tract No. 32400. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Other EXTERNAL DISTRIBUTION: Project Applicant _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A No by the City Attorney? —Yes 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? X Yes No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: _ PUBLIC WORKS RE IE D B Te nce L.:BelangetCity Manag Frank Usher Assistant City Manager A IIJIW Wow es DeStefano Community Developlent Director CI'T'Y COUNCIL REPORT AGENDA NO. MEETING DATE: October 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Development Agreement No. 92-2, Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, Oak Tree Permit No. 91-2, and Environmental Impact Report No. 92-1 (applicant: Arciero & Sons, Inc.) Continued from October 4, 1994. ISSUE STATEMENT: The applications submitted request approval of a 91 unit single family residential project to be developed on Brea Canyon Road north of Pathfinder Road. On July 5, 1994 the City Council approved the project, in concept, subject to final review of environmental findings, development conditions, and resolutions of approval. BACKGROUND: On October 4, 1994 the City Council began its review of the final documents and continued the project to October 18, 1994. The City Council requested amendments to several conditions and the applicant has requested modifications. Staff has provided revised resolutions that respond to the City Council and applicant issues. Revisions are identified within the attached conditions of approval. Staff is recommending that a road to the middle school be addressed with project conditions. Further staff recommends that the road be aligned such that an exchange of equivalent property between Arciero and the City may be fulfilled. City Engineer prefers location shown as third alternate (mostly southerly location). This alternate provides secondary access to the subdivision; City Engineer and Fire Department strongly recommend secondary access. Rates of grade from Brea Canyon Road are generally less steep. Lots 92 and 93 are generally better configured and are graded ready for future use. This street shall be a public street and 1 shall be fully improved (including pavement, curb and gutter, sidewalk, streetlights and street trees on both sides) for its full width from Brea Canyon Road to the intersection of the "D" Street into the residential portion of the subdivision; beyond this point to the westerly vesting tentative tract boundary the full width shall be "graded only" as previously agreed to by the developer. The southerly location requires dedication of approximately 0.7 acres from a separate owner (WVUSD) for street purposes; dedication from owner/subdivider is approximately 0.7 acres and from the City approximately 0.2 acres; extends limits of grading further southerly offsite and into adjacent property (to a maximum extent of approximately 4301) to encompass about 4.5 acres; and requires permission to grade from offsite owner (WVUSD) and dedication of slope easement or agreement to maintain slopes. The applicant requests a modification to Conditions 7,9,10 and it located on pages 4 and 5 of Exhibit "C". The applicants proposal is to combine these conditions into one as follows: "The replacement oak trees at a 2:1 ratio shall consist of the following: 470 - 15 gallon trees 72 - 24" box trees it - 60" box trees and a check at recordation to Parks and Recreation of $25,000.00." The applicant indicates that the cost of trees in his replacement plan is $92,000.00. Staff recommends consideration of the following alternatives to Arciero's proposal. 1. Maintain the existing conditions (7,9,10, and 11) 2. Require the applicant to provide a landscape and irrigation plan (incorporating trees indigenous to the City) for the common landscaped areas of the development and provide the City with a check for $ 127,000.00. This amount is comprised of $92,000.00 + $25,000.00 + $10,000.00 (Settlement of the prior oak destruction) 127,000.00 The funds would be used for the City purchase and installation of indigenous trees in public parks and medians. 3. Require the previously stated landscape and irrigation plans and a cash contribution to the City ( $127,000.00) for the acquisition of replacement habitat. RECOMMENDATION: It is recommended that the City Council adopt Resolution Nos. 94-xx and 94-yy approving Vesting Tentative Tract Map No. 32400. 2 PREPARED BY: James DeStefano Community Development Director Attachments • Letter from Frank Arciero, Jr. to Mayor Werner, dated October 6, 1994 • Revision pages to previously distributed Exhibit "A" environmental findings of fact dated October 14, 1994. • Revised Resolutions of Approval. 3 CIT f OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: October 4, 1994 REPORT DATE: September 29, 1994 FROM: James DeStefano, Community Development Director TITLE: Development Agreement No. 92-2, Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 91-2; the South Pointe Master Plan; and Environmental Impact Report No. 92-1 (applicant: Arciero & Sons, Inc.) Continued from September 20, 1994. SUMMARY: On July 5, 1994, the City Council approved the applicant's 91 unit project, in concept. The Council directed the preparation of environmental findings, project conditions, and appropriate resolutions for subsequent review and final action. RECOMMENDATION: It is recommended that the City Council adopt Resolution Nos. 94 -XX and 94 -XX approving Vesting Tentative Tract No. 32400. LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) Other EXTERNAL DISTRIBUTION: Project Applicant SUBMITTAL CHECKLIST: 1. . Has the resolution, ordinance or agreement been reviewed N/A —Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impwt been assessed? X . Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? 2. Yes _ No Report discussed with the following affected departments: PUBLIC WORKS REVIEWED BY: Terrence L. Belanger Frank Usher City Manager Assistant City Manager 4"'� James DeStef o Community Development Director eat it, ad the school site is an issue that staff, the school district, and The secondary access to the residential 5�am 1=ends that the City require secondary access from Brea Canyon Road applicant have worked to resolve. Th to the residential development for, at a minimum, emergency access. The secondary access can additionally provide an alternative route area residents to access the junior high school. The considerations for thadincg spacts; (2) placement (1) an appropriate location along the Brea Canyon Road to minimize environmetal and gra such as a pocket park; and of the road in a manner that does �thte constrductionre use of the of the roadway. surrounding property (3) the applicant's contribution The applicant has developed alternative scenarios to provide this access. These alternative designs which azos bee submitted to the Council for review are an attempt to pew to benefit as Anon tit alternative design attempts For example, one scenario provides for reduced grading and to bisect the adjacent properties in order to maximize the pad areas thus providing some limited use to the open space area adjacent to the road. applicant provide, at a minimum, improvements to the proposed roadway that include Staff recommends that the app plus 10 ft. of the pavement south of the centerline. In constructing one half of the roadway from the centerline north p addition, the applicant will be required to construct curb, gutters utter ie and sidewalks will however, be restrictions to On -street these improvements pedestrian and vehicular ffor traffican c congestion and pedestrian hazards. parking in order to foster minimal opportunities uatable exchange of property in order that the The City and the applicant were additionally charged with deriving an eqCity and applicant resolved the project could move forward in the absence,qd pro quo transaction. The elements of the transactionerolve around the City exchange of property in the form of a q P q portions of property on the southern edge of the residential exchanging remnant property along Brea Canyon Road and e P PAY development for portions of the graded acreage adjacent ro the sates nd mss• The City will in essence receive acreage with potential future use in order that the Project can p proposed Environmental Imna Report Proms ouncil on June 3, 1994. The Environmental Impact Report for the South Pointe Master the certified n ����tion contained within the Pursuant to the California Environmental Quality Act (CEQA), City n the information and document for analyzing the environmental impacts associated plan E, with this project• a reliance opo are Findings of Fact alternative projects presented within the Southwhich is tailored specficallPointe Masterty fhas or the pn able to roject as presently proposed. and a Mitigation Monitoring Program(M The impacts identified in the EIR are reduced generally as the Master'Plan project has been reduced. The specific p of the deletion of impacts for this project have been significantly As such, the pro project haseduced related to the srreceived amended Mitigationbecause to more the commercial development from the project. e mitigation monitoring program does continue to maintain stringent accurately reflect the reduced impacts• g proceed within specified parameters and under the scrutiny of the lty• accommodations that allow development to PREPARED BY: Robert Searcy Associate Planner Attachments: Draft Resolutions of Approval Draft Conditions of Approval Findings of Fact Mitigation Monitoring Program 2 October 6, 1994 950 North Tustin Ave Mayor Gary Werner City of Diamond Bar 21660 East Copley Dr. Suite 100 Diamond Bar, Ca 917654177 RE: Conditions of Approval TR #32400 Dear Mayor Werner: • Anaheim, CA 92807 • (714) 632-0134 I would like to outline in writing to you and to the other council members those conditions which I would like removed or modified as I stated at the council meeting on Tuesday October 4, 1994. EXHIBIT "B" Engineering Requirements Page 7 Item #52: As I stated at the council meeting I do not think a secondary access is needed. If one is needed it should only be an emergency access. Page 8 Item #62: As stated at this council meeting, Walnut Valley Water has no plans now nor in the future to serve this area with reclaimed water. This is an added cost to the project that is not needed. I would like this condition removed. EXHIBIT "B" General Requirements Page 1 Item #3: Under section "A", I feel that this condition is wrong and would like it removed. I have never seen a city or county require a subdivider to pay for an action brought against it. We should all defend our own actions. Page 1 Item #2 Under Section "B": As stated before I do not think a second means of access is necessary. L.A. County allows up to 150 homes on one means of access unless the entrance traverses a wild land area which ours does not. BUILDERS AND DEVELOPERS Mayor Gary Werner October 6, 1994 Page 2 Page 4 and 5 Items 7 9.10. &11. Under Section "E": I would like to combine these into one condition and that would be as follows: The replacement oak trees at a 2:1 ratio shall consist of the following: 470 - 15 Gallon trees 72 - 24" Box trees 11 - 60" Box trees And a check at recordation to Parks and Recreation of $25,000.00 The reason for this is that when these conditions were originally formulated we were looking at a master plan that encompassed a lot more property. I originally had a problem with them but since I was sharing costs with R&P and also not having to pay any park in lieu fees the burden was not as much as it is now having only my development to brunt this expense. The cost to comply with these conditions is not reasonable. Page 7 Item #20 Under Section"E": I would like this condition removed for many reasons. First, it was never in the conditions approved by the Planning Commission it was added recently. I have been telling staff that it will be just about impossible to add a trail between Rapidview and the school site because of this steepness of the slope. Also you could not accommodate handicap requirements and more importantly we do -not want the kids to be in an area that is not lighted and has a potential for problems. Page 7 Item #23 Under Section "E": I would like this condition removed because of the potential liability involved. We can not and will not allow people onto our property. Page 14 Item #40 Under Section "E": Once again I do not believe a secondary access is needed as explained before. Page 14 Item #43 Under Section "E": I want this condition removed because it has nothing to do with my subdivision. This is not my responsibility it is between the City and school district and it is unfair to have our tract involved. Mayor Gary Werner October 6, 1994 Page 3 I want to thank the Council for listening to my comments and hope that they take appropriate action. Sincerely, i Frank Arciero, Jr. RESOLUTION NO. 94 CITY OF DIAMOND BAR CITY COUNCIL OF THE AL OWACT REPORT ARE- OF THE TENTATIVE TRACT MAP APPROVING THE CF,gTIFICATION� OF VESTING TAT WEST OF SCH NO. 92081040 AND PRO 1 UNIT SUBDIVISION' LOCATED OND NO. 32400, TO DEVELOP NORTH OF PATHFINDER ROAD, IN DIAMOND BAR, CA AND AD AND DMA�G FINDINGS IN SUPPORT THEREOF BAR, CALIFORNIAL A. California (the INC. 950 N. Tustin Avenue, Anaheim, royal (i) Arciero and Sons, lication for app "Applicant" hereinafter), has heretofore4�� de�nbiC in the title of this of Vesting Tentative Tract Map eet Vesting Tentative Resolution. Hereinafter inbreferris edResolution, aslthe 'bApplication." Tract Map No. 32400 shalle April 18, 1989, the City of Diamond Bar was ornia. Thereaftery On p p ration of the State of Cali organized municipal corpo of Diamond Bar adopted, by ordinance, the the City Council of the City Los Angeles County Code as the ordinances of the eCity erne Diamond contain Titles 21 and 22 of the Los Angeles county Code of the County of Los Angeles now currently Development the licatou including the subject Application, applicable to development app within the City of Diamond Bar. Cit Council of the City of Diamond Bar co do�cumentationuiy con ed The Y November public hearings on the Protect and its envirOocctober 3, 1993; September 14, 1993; September 28, 1993; 1994, June 2, 1994; May 9, 1994, May 31, 1994; June 1, 16, 1993; May public hearings on June 13, 3, 1994, June 6, 1994, and concluded th 1994 on the subject matter of the Application. operative General Plan- Action was (iv) The City of Diamond Barla� lacks an ops cy to the proposed General Plan, taken on this application, Office of Planning and pursuant to the terms and provisions of an ranted pursuant to California Government Research Extension of Time g Code Section 65360 and 65361(a)- l le al rerequisites to the adoption of this Resolution have occurred• (v) Al g P CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 30, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Development Agreement No. 92-2, Vesting Tentative Tract Map No. 32400, Conditional Use Permit No. 91-5, Oak Tree Permit No. 91-2, the South Pointe Master Plan, and Certification of Environmental Impact Report No. 92-1 (SCH No. 92081040) ISSUE STATEMENT: The proposed project is a request for approval of a 91 unit single family subdivision a 47.44 acre site located west of Brea Canyon Rd. north of Pathfinder Rd. and south of Golden Springs Dr. On July 5, 1994, the City Council directed staff to prepare draft conditions, environmental findings, and Resolutions of Approval. BACKGROUND: The City Council initiated the review of this project on September 14, 1993 and held a series of public hearings to receive public testimony and concluded the public hearings on June 13, 1994. The Council concluded the review of the project on July 5, 1994, and directed staff to begin the preparation of development conditions, the Findings of Fact for the environmental documentation, and the draft Resolutions of Approval. The City Council has granted a continuance -for the project from the.meetings.of August 16, 1994 and September 20, 1994, to October 4, 1994. The applicant and staff have been involved in the refining of the project in order to provide Council with a defined project and appropriate conditions and the incorporation of mitigation measures. Additionally, the applicant has been investigating alternative secondary access routes to the school district site. Project Overview The project as submitted has required alterations and amendments chiefly because of the demise of the South Pointe Master Plan in its original form. The events which have transpired including the change in ownership of site known as Vesting Tentative Tract Map No. 51407, formerly owned by the R -n -P, Inc., the School District's initiation of the removal of an approximately 400,000 cu. yd. stockpile, the need for secondary access, and the settlement on the exchange of property between the applicant and the City have necessitated the addition of processing time. The City also revised the environmental findings related to the approval of this alternative project as found in the South Pointe Master Plan EIR. Walnut Valley Unified School District has purchased the property formerly owned by R -n -P, Inc. and has begun a grading operation that created a situation whereby the applicant for VTM No. 32400 lost fill material originally designed for incorporation into the design of the tract. The applicant was able to substantiate the availability of additional fill material that can be used into the project. The fill, located on the school site, is approximately 200,000 cu. yds. and will allow the project to be constructed in substantial compliance with the map approved by the Planning Commission. All elements of the design of the project will remain reflective of the information analyzed by the Council in the course of the public review, including the street grades and pad elevations. 1 B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the Final EIR was presented to the City Council, and that the City Council reviewed and considered the information contained therein prior to deciding upon any aspect of the Project, and based thereon, so certifies that Environmental Impact Report No. SCH 92081040 has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further that said Environmental Impact Report No. SCH 92081040 reflects the independent judgment of the City of Diamond Bar. Additionally, the City Council certifies the Final EIR as complete and adequate in that it fully addresses all environmental effects of the Project and fully complies with the requirements of CEQA and Guidelines. 3. The City Council hereby specifically finds and determines, based on the findings set forth below, that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in said Final EIR No. SCH 92081040 except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this City Council finds are clearly outweighed by the economic, social and other benefits of the proposed project, as more fully set forth in the Statement of Overriding Considerations. 4. The City Council hereby adopts the Findings of Facts and Statement of Overriding Considerations and Mitigation Reporting and Monitoring Program attached hereto as Exhibits "A" and "B" and hereby incorporated by reference. 5. The Applicant shall make payment of any and all fees which the Department of Fish and Game may require to be paid prior to the issuance of any building permit or further entitlement. 6. The approval of this Vesting Tentative Tract Map No. 32400 is contingent upon all other approvals associated with this project. N 7. Based on substantial evidence presented to this Council during the above - referenced public hearings, including written and oral staff reports, public testimony and the record of the Application, this City Council hereby specifically finds as follows: (a) The Application applies to a parcel generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract 32576) and south of existing residential and vacant land located southerly of Golden Springs Drive, consisting of 47.4 acres, and zoned R-1 15,000. (b) Surrounding properties' zoning and land use are: East: Brea Canyon Road and 57 Freeway; South: RPD 10,000 6U/vacant; West: R-115,000/School; North: R-1 8,000/single family residential (c) The Application is for a 91 residential lot subdivision to construct 91 single family units and common open space lots and the site is physically suitable for the proposed density of development. (d) The site is physically suitable for the type of development proposed and has access to public highways and streets. Further, the property shall be served by sanitary sewers, provided with water supply and distribution facilities with sufficient capacity to meet anticipated domestic and fire protection needs and shall have geologic hazards and flood hazards mitigated in accordance with the requirements of the Department of Public Works of the County of Los Angeles. (e) As conditioned, the design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or to their habitat, and while the proposed development will have a significant adverse effect on biological resources oak tree mitigation measures have been included as project conditions to reduce the impact of oak tree loss and a Statement of Overriding considerations has been made on these unavoidable impacts. (f) Neither the design of the subdivision nor the types of improvements will cause serious public health problems, since 3 sewage disposal, storm drainage, public services and geological and soils factors are addressed in the conditions of approval appended hereto. (g) The subject site lies within the 1992 General Plan RL/PD (Low Density, 3 du/ac, Residential Planned Development) land use designation and the proposed map is consistent with the 1992 General Plan and will not be in conflict with the proposed contemplated General Plan, which maintains the same Land Use classification of RL (Low Density, 3 du/ac). (h) The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. The design of the subdivision is based on the size and shape of the parcel. (i) The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. (j) The subdivision and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of public entity and/or public utility rights-of- way and/or easements within the area covered by said map, since the design and development as set forth in the conditions of approval and on the tentative map provide adequate protection for any such easements. (k) The discharge of sewage from this subdivision into the public sewer system will not violate requirements of the California Regional Water Quality Control Board pursuant to Division 7 (Sections 13000, et seq.) of the California Water Code. (1) The housing needs of the region have been considered and balanced against the public service needs of local residents and available fiscal and environmental resources. (m) On October 26, 1992, January 25, February 8, February 22, February 25, April 12, April 26 and May 10, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (n) The City of Diamond Bar ("City") accepted and subsequently processed an application for numerous land use entitlements upon 4 an approximately 171 acre property within the City, comprised of multiple real property ownership interests, including Arciero and Sons, Inc., R/N/P Development, Inc., the Walnut Valley Unified School District ("District") and the City, collectively identified as the South Pointe Master Plan ("Project"). (o) The City determined that the Project and those discretionary actions identified therein or required thereunder constituted a "project" pursuant to the California Environmental Quality Act, as amended ("CEQA") and the Guidelines for the Implementation of the California Environmental Quality Act ("Guidelines"). (p) The City, based upon the preliminary findings contained in an Initial Study prepared by the City, determined that the Project could result in significant environmental impacts, commenced preparation of an environmental impact report ("EIR") and prepared and disseminated a Notice of Preparation ("NOP"). (q) On November 30, 1992, pursuant to the noticing obligations delineated in Guidelines, the City prepared and disseminated both a Notice of Completion ("NOC") and the Draft Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 ("Draft EIR"), commencing a 45 -day review period which concluded on January 14, 1993. (r) The City published legal notice regarding the availability of the Draft EIR and solicited public comments thereupon in the San Gabriel Valley Tribune and Inland Valley Bulletin on December 3, 1992. (s) On January 7, 1993, the City's Parks and Recreation Commission held a noticed public meeting to discuss the Project and the Draft EIR. On January 14, 1993, the City's Traffic and Transportation Commission conducted a noticed public meeting to discuss the Project and the Draft EIR. (t) Noticed public meetings were conducted by the City of Diamond Bar Planning Commission on' December 14, 1992; January 25, 1993; February 8, 1993; May 10, 1993; May 17, 1993; May 23, 1993 and May 24, 1994. (u) On May 24, 1993, the City of Diamond Bar Planning Commission adopted a resolution recommending to the City of Diamond Bar 5 City Council approval of the Project and certification of the Draft EIR. (v) The City of Diamond Bar City Council conducted noticed public hearings on the Project and its environmental documentation on September 14, 1993; September 28, 1993; October 3, 1993; November 16, 1993; May 2, 1994; May 31, 1994 and June 3, 1994. On June 3, 1994, the City of Diamond Bar City Council certified the Draft EIR ("Final EIR"), but elected to take no action upon the Project. (w) On June 4, 1994, the City prepared a Notice of Determination ("NOD") documenting its actions certifying the Final EIR and posted the NOD at the office of the County Clerk and forwarded a copy of the NOD to the State Clearinghouse, in the form and manner prescribed under CEQA and Guidelines. (x) The Final EIR consists of the following documents: (1) Annotated Draft EIR (November 1992, annotated May 1994); (2) Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (February 18, 1993); (3) Technical Appendix -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (May 18, 1993); (4) Volume II -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (November 1993); (5) Volume III -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (May 1994); (6) City of Diamond Bar Planning Commission staff reports, minutes and public testimony; and (7) City of Diamond Bar Council staff reports, minutes and public testimony. (y) Following certification of the Final EIR, the City Council conducted additional public hearings and meetings to consider each of the discretionary actions identified therein. On July 5, 1994, the City Council directed staff to prepare findings of fact, a statement of overriding considerations, a mitigation reporting and monitoring program and a revised NOD, in furtherance of those disclosure obligations contained in CEQA and Guidelines, authorizing the City Council to take subsequent actions upon all or a portion of the Project, including the alternatives identified in the Final EIR. C: 8. Based upon substantial evidence presented to this Council during the above -referenced public hearing and upon the specific findings of fact set forth above, pursuant to the provisions of California Government Code 65360 and 65361 (a), the Council hereby finds and determines as follows: (a) The action proposed (Vesting Tentative Map) was initiated and processed in accordance with the provisions of Ordinance No. 4 (1992) of the City of Diamond Bar and pursuant to the Extension of Time conditions, granted to the City of Diamond Bar by the Office of Planning and Research. (b) The Application as proposed and conditioned herein complies with all other applicable requirements of State law and local ordinances. 9. Based on the findings and conclusions set forth herein, this City Council hereby approves the Application subject to the following conditions which are set forth in Exhibit "C" hereto and are incorporated by reference. 10. The City Clerk is hereby directed to: (a) to certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Arciero and Sons, Inc., 950 N. Tustin Avenue, Anaheim, California 92807. Approved and adopted this the 18th day of October, 1994 by the City Council of the City of Diamond Bar. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 18th day of October, 1994, by the following vote -to -wit: AYES: [COUNCIL MEMBERS:] NOES: [COUNCIL MEMBERS:] 7 ABSTAIN: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] ATTEST: City Clerk of the City of Diamond Bar C: LETTERMESOLTN\V 02400.MAP RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FOR THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF HILLSIDE MANAGEMENT ORDINANCE CONDITIONAL USE PERMIT NO. 91-5 FOR LAND FORM MODIFICATIONS AND OAK TREE REMOVAL PERMIT NO. 91-2, INVOLVING THE REMOVAL OF 276 COAST LIVE OAKS WITH REPLACEMENT BOTH ON AND OFF THE PROJECT SITE ASSOCIATED WITH THE DEVELOPMENT OF VESTING TENTATIVE TRACT MAP NO. 32400, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA 92807; (the "Applicant" hereinafter), has heretofore filed an application for approval Hillside Management Ordinance Conditional Use Permit for land form modifications and Oak Tree Removal Permit involving the removal of 276 coast live oaks with replacement both on and off the project site as described in the title of this Resolution. Hereinafter in this Resolution, the subject project shall be referred to as the "Application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted, by ordinance, the Los Angeles County Code as the ordinances of the City of Diamond Bar. Titles 21 and 22 of the Los Angeles County Code, as amended, contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Action was taken on this application, as to consistency to the proposed General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension of Time granted pursuant to California Government Code Section 65360 and 65361(a). (iv) The City Council of the City of Diamond Bar conducted duly noticed public hearings on the Project and its environmental documentation on September 14, 1993; September 28, 1993; October 3, 1993; November 16, 1993; May 2, 1994; May 9, 1994, May 31, 1994; June 1, 1994, June 3, 1994, June 6, 1994 and concluded the public hearings on June 13, 1994 on the subject matter of the Application. (v) As established in the January 25, 1993, Staff Report the South Pointe Master Plan including this Tentative Tract, is consistent with the Hillside Management Ordinance. Staff Report Section III F, Compliance with the Hillside Ordinance, provides an application analysis illustrating conformity with the specific guidelines and/or standards contained within the Hillside Ordinance. The Conditional Use Permit for the Hillside Ordinance is granted pursuant to this action. (vi) As identified as a mitigation measure in the EIR, (Biological Resources) prior to initiation of grading activities, the project applicant(s) shall implement the conditions of approval for an Oak Tree Permit in accordance with Part 16, Chapter 22.56 of Title 22 of the Los Angeles County Code. This Oak Tree Permit is granted pursuant to this action. (vii) On October 26, 1992, January 25, February 8, February 22, February 25, April 12, April 26 and May 10, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (viii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the Final EIR was presented to the City Council, and that the City Council reviewed and considered the information contained therein prior to deciding upon any aspect of the Project, and based thereon, so certifies that Environmental Impact Report No. SCH 92081040 has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further that said Environmental Impact Report No. SCH 92081040 reflects the independent judgment of the City of Diamond Bar. Additionally, the City Council certifies the Final EIR as complete and adequate in that it fully addresses all 2 environmental effects of the Project and fully complies with the requirements of CEQA and Guidelines. 3. The City Council hereby specifically finds and determines, based on the findings set forth below, that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in said Final EIR No. SCH 92081040 except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this City Council finds are clearly outweighed by the economic, social and other benefits of the proposed project, as more fully set forth in the Statement of Overriding Considerations. 4. The City Council hereby adopts the Findings of Facts and Statement of Overriding Considerations and Mitigation Reporting and Monitoring Program attached hereto as Exhibits "A" and "B" and hereby incorporated by reference. 5. The applicant shall make payment of any and all fees which the Department of Fish and Game may require to be paid prior to the issuance of any building permit or further entitlement. 6. The Hillside Management Ordinance Conditional Use Permit is required by Section 18 of the City of Diamond Bar Hillside Management Ordinance. 7. Based on substantial evidence presented to this Council during the above - referenced public hearing, including written and oral staff reports, public testimony and the record of the Application, this Council hereby specifically finds as follows: (a) The Application applies to a parcel located within the South Pointe Master Plan area generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract 32576) and south of existing residential and vacant land located southerly of Golden Springs Drive. (b) Surrounding properties' General Plan and land use designations are: East: 57 Freeway/Brea Canyon Road; 3 South: OS/Open Space; West: RL/Single Family Res.; S/Middle School North: RLM/Single Family Res. (c) The Application is for a Hillside Management Ordinance Conditional Use Permit and Oak Tree Removal Permit and is compatible with the objectives, policies and programs specified because the parcels and land uses proposed by the project are consistent with statistical analysis and development standards contained within the South Pointe Master Plan. The Application is for one of three Oak Tree Removal Permits within the South Pointe Master Plan area involving the removal of 276 Coast Live Oak Trees over 3 inches or more in diameter at a height of five foot, preservation of 57 Coast Live Oak Trees on the project site and replacement of removed trees at a 2:1 ratio or 552 oak trees both on and off the South Pointe Master Plan site. (d) The site is physically suitable for the type of development proposed and has access to public highways and streets. Further, the property shall be served by sanitary sewers, provided with water supply and distribution facilities with sufficient capacity to meet anticipated domestic and fire protection needs and shall have geologic hazards and flood hazards mitigated in accordance with the requirements of the Department of Public Works of the County of Los Angeles. (e) The design of the project and of the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or to their habitat, and while the proposed development will have a significant adverse effect on biological resources oak tree mitigation measures have been included as project conditions to reduce the impact of oak tree loss and a Statement of Overriding Considerations has been adopted on those unavoidable impacts. (f) The permitted improvements will not cause serious public health problems, since sewage disposal, storm drainage, public services and geological and soils factors are addressed in the Tentative Tract conditions of approval filed concurrently with this project. (g) Vesting Tentative Tract No. 32400 involves the development of 91 single family residential dwelling units. The project also provides for the provision of necessary infrastructure and public services to 4 the development and for the payment of fees to mitigate the impacts of the development upon the City and its residents. (h) The land uses contained within the project are residential and open space, as permitted in the zone and comply with all applicable provisions of the City of Diamond Bar Municipal Code. In addition, the land uses, subdivision design and subsequent grading are compatible with the surrounding built environment and are consistent with the goals and policies of the Hillside Management Ordinance as discussed in the January 25, 1993, staff report Section III F. (i) The proposed development and grading plan will not impair the integrity and character of the zone in which they are to be located because the development proposal includes similar standards to those existing in adjacent neighborhoods. (j) The City of Diamond Bar ("City") accepted and subsequently processed an application for numerous land use entitlements upon an approximately 171 acre property within the City, comprised of multiple real property ownership interests, including Arciero and Sons, Inc., R/N/P Development, Inc., the Walnut Valley Unified School District ("District") and the City, collectively identified as the South Pointe Master Plan ('Project"). (k) The City determined that the Project and those discretionary actions identified therein or required thereunder constituted a "project" pursuant to the California Environmental Quality Act, as amended ("CEQA") and the Guidelines for the Implementation of the California Environmental Quality Act ("Guidelines"). (1) The City, based upon the preliminary findings contained in an Initial Study prepared by the City, determined that the Project could result in significant environmental impacts, commenced preparation of an environmental impact report ("EIR") and prepared and disseminated a Notice of Preparation ("NOP"). (m) On November 30, 1992, pursuant to the noticing obligations delineated in Guidelines, the City prepared and disseminated both a Notice of Completion ("NOC") and the Draft Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 ("Draft EIR"), commencing a 45 -day review period which concluded on January 14, 1993. 5 (n) The City published legal notice regarding the availability of the Draft EIR and solicited public comments thereupon in the San Gabriel Valley Tribune and Inland Valley Bulletin on December 3, 1992. (o) On January 7, 1993, the City's Parks and Recreation Commission held a noticed public meeting to discuss the Project and the Draft EIR. On January 14, 1993, the City's Traffic and Transportation Commission conducted a noticed public meeting to discuss the Project and the Draft EIR. (p) Noticed public meetings were conducted by the City of Diamond Bar Planning Commission on December 14, 1992; January 25, 1993; February 8, 1993; May 10, 1993; May 17, 1993; May 23, 1993 and May 24, 1994. (c) On May 24, 1993, the City of Diamond Bar Planning Commission adopted a resolution recommending to the City of Diamond Bar City Council approval of the Project and certification of the Draft EIR. (r) The City of Diamond Bar City Council conducted noticed public hearings on the Project and its environmental documentation on September 14, 1993; September 28, 1993; October 3, 1993; November 16, 1993; May 2, 1994; May 31, 1994 and June 3, 1994. On June 3, 1994, the City of Diamond Bar City Council certified the Draft EIR ("Final EIR"), but elected to take no action upon the Project. (s) On June 4, 1994, the City prepared a Notice of Determination ("NOD") documenting its actions certifying the Final EIR and posted the NOD at the office of the County Clerk and forwarded a copy of the NOD to the State Clearinghouse, in the form and manner prescribed under CEQA and Guidelines. (t) The Final EIR consists of the following documents: (1) Annotated Draft EIR (November 1992, annotated May 1994); (2) Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (February 18, 1993); (3) Technical Appendix -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (May 18, 1993); (4) Volume II -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (November 1993); (5) Volume III -Response to Comments on the Draft Environmental T Impact Report for the South Pointe Master Plan (May 1994); (6) City of Diamond Bar Planning Commission staff reports, minutes and public testimony; and (7) City of Diamond Bar Council staff reports, minutes and public testimony. (u) Following certification of the Final EIR, the City Council conducted additional public hearings and meetings to consider each of the discretionary actions identified therein. On July 5, 1994, the City Council directed staff to prepare findings of fact, a statement of overriding considerations, a mitigation reporting and monitoring program and a revised NOD, in furtherance of those disclosure obligations contained in CEQA and Guidelines, authorizing the City Council to take subsequent actions upon all or a portion of the Project, including the alternatives identified in the Final EIR. 8. Based upon substantial evidence presented to this Council during the above -referenced public hearing and upon the specific findings of fact set forth above, pursuant to the provisions of California Government Code 65360 and 65361 (a), the Council hereby finds and determines as follows: (a) The proposed project is in conformity with the City's Draft and proposed General Plan. The project has been processed in accordance with provisions of Ordinance 4 (1992) of the City of Diamond Bar. The project is in conformance with the 1992 General Plan in which the project is vested. (b) The Application as proposed complies with all other applicable requirements of State law and the City of Diamond Bar zoning and subdivision ordinances. 9. Based on the findings and conclusions set forth herein, the City Council hereby approves the Application subject to the conditions which are set forth in Exhibit "C" hereto and are incorporated by reference. 10. The City Clerk is hereby directed to : (a) certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to the applicant: Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA 92807. I Approved and adopted this the 18th day of October, 1994 by the City Council of the City of Diamond Bar. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 18th day of October, 1994, by the following vote -to -wit: AYES: [COUNCIL MEMBERS:] NOES: [COUNCIL MEMBERS:] ABSTAIN: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] ATTEST: City Clerk of the City of Diamond Bar CALHTT19RSIRHS0LTWVM32400. RES 8 EXHIBIT A FINDINGS AND FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH POINTE MASTER PLAN STATE CLEARINGHOUSE NO. 92091040 Section 15091 of the Guidelines for the Implementation of the California Environmental Quality Act ("Guidelines"), promulgated pursuant to the California Environmental Quality Act, as amended ("CEOA"), and codified in the California Code of Regulations, provide as follows: (a) No public agency shall approve or carry out a project for which an environmental impact report ("EIR") has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making t:. finding. Such changes have been adopted by such other agency or can and should ba adopted by such other agency. (3) Specific economic, social infeasible the mitigation identified in the final EIR. or other considerations make measures or project alternatives Pursuant to Section 15091(b) of the Guidelines, the required findings shall be supported by substantial evidence in the administrative record. Re dwfi-sauce Pa"n Mire. AM Pap I 1653 F/ND/NGS REVISED 10114194 32400, and, to the maximum extent feasible, shall be confined to the geographic area represented by that subdivision map. (b) The resulting land use is consistent with those existing and proposed uses located in proximity to the Alternative Project site, will not adversely impact those uses and will not narrow or otherwise foreclose the development of allowable uses upon those properties. (c) By implementing the Alternative Project, a significant percentage of the Project site will be retained in its existing, natural condition; thereby, limiting the potential visual and related effects associated with this landform alteration. (d) Based upon the analysis presented in the Final EIR, the following mitigation measure has been identified and made a condition of Alternative Project approval: All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City of Diamond Bar and/or County of Los Angeles standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400, County of Los Angeles, California (Petra Geotechnical Incorporated, October 19, 1988) and such other geotechnical reports as may be prepared for the site and/or required by the City and/or County. 2.2 Biological Resources 2.2.1 Potential Effect: Alternative Project development may necessitate the removal of approximately 33-3L71 specimen -sized oak trees presently located within and adjoining the areas where grading operations and associated activities are anticipated. Findings: The City hereby makes findings (1) and (2). Facts in Su=rt of Finding: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts of this identified effect:, (a) Based upon the potential existence of oak trees (genus Quercus) within the Project site, a number of surveys of the Project site were conducted by qualified arborists, in accordance with the methodologies established in Part 16 -Chapter 22.56 of Title 22 (Planning and Zoning Code) of the Los Angeles County Code. Those survey reports, resulting therefrom, were incorporated by reference in the Final EIR pursuant to Section 15150 of Guidelines and include, but are not limited to, the findings of a field reconnaissance of the area of Vesting Tentative ResoUbm ARCMRO VIM NO. 324W 4653 FINDINGS 7 REVISED 10114194 term emission projections for carbon monoxide will, however, fall below threshold values for significance as established by the SCAQMD. (b) All grading and associated activities to be conducted in furtherance of the Alternative Project will be conducted in a manner consistent with an approved grading plan and sound engineering practices. These efforts will minimize delays in the finalization of these activities and will produce a cessation of these activities within the shortest possible time frame. (c) Pursuant to the noticing obligations of CEQA and Guidelines, the SCAQMD has submitted to the City and the City has reviewed and considered numerous mitigation measures which are designed to minimize potential air quality impacts associated with both the construction and operational phases of development activities. Based upon that information, the City has determined that the following mitigation measures are applicable to the construction phase of the Alternative Project and the City has adopted the following measures as conditions of Alternative Project approval: ° During mien kradir g activities, the project proponent(s) shall apply approved chemical soil stabilizers, according to manufacturers' specifications, to all inactive construction areas (i.e., previously graded areas inactive for four days or more). ° During construction activities, the project proponent(s) shall suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 miles -per -hour (mph). ° During construction activities, the project proponent(s) shall sweep affected streets at the end of each work day if any visible soil material is carried over to adjacent thoroughfares. The SCAQMD recommend the use of water sweepers which use reclaimed water. ° During construction activities, the project proponent(s) shall apply water or chemical soil stabilizers, according to manufacturers' specifications, twice daily to all unpaved parldng or staging areas and unpaved road surfaces, if required for dust control. During construction activities, the project proponent(s) shall provide temporary traffic control during all phases of construction activities to improve traffic flow, such as providing a flag person to direct traffic and ensure safe movements off the site as directed by the City Engineer of the City of Diamond Bar. ResohaknURCMRO VIM NO. 32400 4653 FINDINGS 9 Care shall be taken that the future grades and landscaping adjacent to these intersections, as well as all internal project intersections, do not obstruct the necessary line -of -sight. Applicant shall provide those dedications and improvements, and be subject to pro -rated reimbursement, cvndiavrrNo.-3v of -the Genditi of pp r „. 8. With the development of the site plan for be4h the reteA and residential components of the project, a traffic signal warrant shall be conducted to determine if a traffic signal is required. If warranted. a sig&ditfals shall be installed by developer at both collector road entrances off Brea Canyon road. Applicant shall pay 4696 the nroMW share of the total cost of such signalization. 9. Prior to the issuance of grading permits the applicant shall illustrate to the satisfaction of the City Engineer how the following mitigation measures recommended by either the City or the South Coast Air Quality Management District to minimize air quality impacts * during the construction phase of the proposed project have been incorporated into project construction guidelines: a. Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). b. Replace ground cover in disturbed areas per City specifications. C. Enclose, cover, water twice daily, or apply approved soil binders, according to manufacturers' specifications, to exposed stockpiles (i.e., gravel, sand, dirt). d. Water active sites at least twice daily. e. Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour (mph). L Monitor for particulate emissions according to South Coast Air Quality Management District specified procedures: For information call (714) 369-3600. g. In field trailers, use portable air conditioning units with non -diesel. h. Sweep streets at the end of day if any visible soil material is carried over to adjacent thoroughfares (recommend water sweepers which use reclaimed water). i. The City may require that gravel be used in unpaved areas utilized as either construction roads or staging areas for construction equipment. j. Apply water twice daily for chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas and unpaved road surfaces, if required for dust control. k. Install wheel washers where vehicles exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site every trip in designated areas on the site. REVISION DATE OCT. 14, 1994 9 1. Traffic speeds on all unpaved roads surfaces to be reduced to 15 mph or less. M. All trucks hauling dirt, sand, soil or other loose materials are to be covered and should maintain at least six inches of freeboard (i.e., minimum required space between top of the load and top of the trailer; based upon a level load. n. Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles, for 12 consecutive days. o. Pave all construction access roads at least 100 feet onto the site from the main road. P. Use methanol or low -sulfur pile drivers. q. Use low -sulfur fuel for stationary construction equipment pursuant to Rule 431.2. r. Suspend use of all construction equipment operations during second stage smog alerts. For daily forecast call: (800) 242-4022 (L.A. and Orange Counties) or (800) 367-4710 (San Bernardino and Riverside Counties). S. Use construction equipment that has catalytic convertors (for gasoline powered equipment). t. Prevent trucks from idling longer than two minutes. U. Configure construction parking to minimize traffic interference. V. Provide temporary traffic control during all phases of construction activities to improve traffic flow such as providing a flag person to direct traffic and ensure safe movements off the site as directed by the City Engineer. W. Schedule construction activities that affect traffic flow to off-peak hours (i.e., between 7:00 PM and 6:00 AM and between 10:00 AM and 3:00 PM) with approval from the City. 10. The following mitigation measures are recommended by the SCAQMD to minimize long-term emissions associated with the project: a. Use solar or low -emission water heaters. b. Use Central water heating systems. C. Use built-in energy efficient appliances. d. Building and subdivision orientation should be to the north for natural cooling. e. Provide shade trees to reduce building heat. f. Use energy efficient and automated controls for air conditioners. g. Use double -glass paned windows. - h G Site, r REVISION DATE OCT. 14, 1994 10 11. Construction and maintenance activities, including the repair and maintenance of equipment, shall conform to and comply with applicable provisions of the City of Diamond Bar's Noise Ordinance. 12. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy -equipment truck trips. 13. Prior to the issuance of eeeepaeey permits for residential Lot Nos. 34 through 42, inclusively within Tentative Tract No. 32400, the project applicant(s) shall construct a suitable noise barrier for those properties effectively attenuating traffic noise to levels in compliance with City noise standards. Compliance shall be based upon the City's acceptance of a subsequent noise study for those properties and implementation of those measures deemed appropriate by the City Engineer. REVISION DATE OCT. 14, 1994 11 WFER .. REVISION DATE OCT. 14, 1994 11 17. Project security features which shall be incorporated into the final design may include: (1) residential dwelling unit rientation which facilitates "neighborhood involvement" activities; (2) exterior security lighting; (3) well-designed access for police patrols to provide optimum observations; and (4) illuminated street addresses to ensure visibility from the street for better patrol observation. 18. The project applicant(s) shall include in a Buyer Awareness package, the availability of participation in neighborhood involvement programs established by the Los Angeles County Sheriffs Department to increase community awareness and, thereby, help reduce potential crime occurrences in the City. 20. Prior to final tract map approval, the project applicant(s) shall submit a sewer study to both the County and City Engineer identifying project wastewater flow and tributary flow to the existing County trunk and local sewer lines. This study shall identify: (1) the location, phasing, bonding and details of any proposed sewer facilities and improvements by street configuration, lot layout and gravity flow; (2) any current capacity shortfalls of the County trunk and/or City sewer lines; and (3) specific design recommendations to provide additional lines or sizing upgrade, if required. 21. The project applicant(s) shall convey access and property easement and rights-of- way to the County Sanitation Districts of Los Angeles County, as deemed necessary by the County and City Engineers, for the construction and maintenance of sewer lines and associated facilities, prior to final map approval. 22. The project applicant(s) shall contribute an equitable share of cost, as established by the City, to fund improvements to the area's main lines, pumping stations, etc. required as a result of project development, prior to final map approval. 23. The project applicant(s) shall provide to the County Sanitation Districts of Los Angeles County information regarding the construction and/or building schedule of the project so that the timing of the County Sanitation Districts' expansion may be coordinated with the project increase in demand. 24. In order to minimize the impact of project development on the County's solid waste disposal system and to facilitate the attainment of source reduction standards for the City of Diamond Bar as contained in the California Integrated Solid Waste management Act of 1989, the project applicant(s) shall: (1) consult with the City of Diamond Bar, the County Sanitation Districts of Los Angeles REVISION DATE OCT. 14, 1994 12 County and the Los Angeles County Department of Public Works regarding implementation of technologies to reduce and recycle solid waste both during construction and after completion of the project; and (2) consult with the current refuse removal collection company(ies) regarding design standards for access to, location and construction of trash container enclosures in order to facilitate implementation of automated refuse collection. 27. The project applicant(s) or subsequent homeowners' association(s) shall comply with those source reduction and recycling and composting requirements as may be adopted by the City of Diamond Bar in accordance with Assembly Bill 939. 28. The project applicant(s) through the Buyer Awareness program, shall encourage the segregation of green wastes for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation Districts waste diversion policies. 30. Applicant shall comply with the mitigation monitoring program to implement the required EIR No. 92-1 mitigation measures. REVISION DATE OCT. 14, 1994 13 Mk FW 27. The project applicant(s) or subsequent homeowners' association(s) shall comply with those source reduction and recycling and composting requirements as may be adopted by the City of Diamond Bar in accordance with Assembly Bill 939. 28. The project applicant(s) through the Buyer Awareness program, shall encourage the segregation of green wastes for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation Districts waste diversion policies. 30. Applicant shall comply with the mitigation monitoring program to implement the required EIR No. 92-1 mitigation measures. REVISION DATE OCT. 14, 1994 13 f,C.o ,,:d•: C i ti � ' n 9.;.:1 6 2 2 f ai 1 G ,Olti_ f i ✓n y�',�,` < ,., try { f i E :1 .f,,. t�i yid �+1 ' \ J.' C n �. r�.?.6^ 2 } .. } S� i xf � tf4 n � Q•]5 � } f[w 5 t 55cr, F. ENGINEERING REQUHM%IENTS: 1. Prior to approval and recordation of the final map, written certification from the 00 affected district, that adequate sewer and water facilities are or will be ahl availabI M to serveited the proposed project, shall be submit____ to the City. Such letters must have been issued by the distric ,x, within ninety (90) days prior to final map approval. 2. All easements existing prior to final map approval must be identified Now ..... . -10"11"i If an easement is blanket or indeterminate in nature, a statement % to that effect must be shown on the final map in lieu of its location. 3. A title report/guarantee showing all fee owners wd interest holders,10 0"1 � must be submitted when a final map is submitted for plan check. The* account shall remain open until the final map is filed with the County Recorder. An updated tide report/guarantee MA" must be submitted ten (10) working days prior to final map approval. 5. New boundary monuments shall be set in accordance with the State Subdivision Map Act and su6jeef to -appy by the City Engineer. 6. If any required public improvements have not been completed by Applieem and accepted by the City prior to the approval of the final map A --I: A shall enter into a subdivision agreement with the City and shall post the appropriate security. 7. All site grading, landscaping, irrigation, street improvement, sewer and storm drain improvement plans shall be approved by the City Engineer prior to final map approval. REVISION DATE OCT. 14, 1994 15 8. Street names shall be submitted for City review and approval prior to approval of the final map. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 9. House numbering plans shall be #No~ approved by the City Engineer prior to issuance of building permits. 10. The detail drawings and construction notes shown on the vesting map are conceptual only and the approval of this map does not constitute approval of said notes. J" ii! shall submit to the City Engineer the total . . . . . . . . . . . . . . . prior to st estimate for bonding purposes of &A gradifttv, approval of the final map. 4Mi,.:and approved 12. The final grading plans shall be 11 Olin .0 t issuance of ftffilftlb��its prior o is . ..... ..... Izire to be submitted to the Building 13. Fifwl grading plans for each Pareo-w- g d g pl. M.N1 I.N.. �:- Kfor approval prior to Diwis aft -4 41111 W-01. issuance of building permits. (Ibis may be on an incremental or composite basis.) 14. Grading of the subject property shall be in accordance with the current Uniform Building Code, City Grading Ordinance 14 and City's Hillside Management '%- Ordinance, as modified by the PrejeetDevelopmentAgiee and ir acceptable grading practices. The precise and final grading plan shall be in substantial conformance with the ed as of d. - Tentative Map. 15. All landslide debris shall be completely removed prior to fill placement as required by the final geotechnical report. 16. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted in compliance with City guidelines to the City Engineer for approval and said report shall be prepared by a 9[..... ::xx ngineer andAw geologist licensed by the State of California. The report shall address, but not be limited to, the following: (a) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. REVISION DATE OCT. 14, 1994 16 (b) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. remedial (c) Areas of potential for debris flow shall be defined and Proper measures implemented as approved by the City Engineer. (d) Gross, stability of all fill slopes shall be analyzed as part of the geotechnical report including remedial fill that replaces natural slope. (e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. (fl All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. All geotechnical and soils related findings and recommendations must be reviewed and approved by the City Engineer prior to issuance of any grading Permits and recordation of the final map, geeftist-, 17, `"`:wading plans shall be prepared in a 24" x 36" format and designed in ;;.. compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. 1 0101.1 'f 18. Gradingplan(s) must be signed and stamped by a ,, :>:.:;.. >: ;.. .. <egistered Geotechnical Engineer and registered Geologist. 19. All identified geologic hazards within the rntative Fract boundaries which cannot be eliminated as approved by the City Engineer shall be indica on the final map as "Restricted Use Area ;; :.:. �:.�• all dedicate to the City the right to prohibit the erection o buildings or other' structures within such restricted use areas ;.Sf. on the final subd map. 20. Surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permit8s. 21. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map as approved by the City Engineer. REVISION DATE OCT. 14, 1994 17 22. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows enter, leaving, or within a parcel relative -e Which a building permit is requested. 23. An erosion control plan shall be approved by the City Engineer prior to issuance of grading permits. 24. Prior to placement of any dredged or fill material into any U. S . G. S . blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 25 26. 27. ' ' "` rovide drainage facilities to remove the flood hazard and to dedicate and show neces easements and/or ri hts of wayon e m ma the satisfaction of City Engineer... ; . • • -�• •• •r�� •••• �� :} locations >.�':�>�ent1f aft flood hazard IN � ieate to the City the right to - IMmeUlu d hazard. 3: ORION* erection of buildings �.�. heed-areas...:::.:....::<>::vk�::.�;.:k�:..... A permit from the for work within its : in a 28. A final drainage stud and final ;;.,.�:. : ` „?�:: g Y r. ,.x 24"x36" sheet format shall be submitted to and approved by the City Engineer ,r , ,....., :: . •: .. ; { .90 pMir rior to final map >' > required b the City approval. All drainage facilities shall lbe• installed asY Engineer and in accordance with County of Los Angeles Standards for acceptance and disposal of all related drainage. 29. Prior to finalization of any be compment eted beyond the phase boundent aries to assure drainage improvements s completed „.,..bey second access' #` n<:: <:.:;: and drainage protection to the Y satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. REVISION DATE OCT. 14, 1994 18 30. f all sh submit App ean estimate for bonding purposes of all the final map. 31. o the City Engineer the teW st public improvements, prior to approval of Standards, Prior to issuance of buiWing Pef fvkk&- 33#- Street improvement plans in a 24"x36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of the public and/or private street improvements, prior to final map approval. 33.0. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. 34. No street shall exceed a maximum slope of 12% unless approved by the City Engineer. 35. Construct base and pavement on all streets in accordance with soils report prepared by a quahfied-aa l- registered ffi` engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 36. Vehicular access must be provided to all "Urban Pollutant Basins" with a minimum width of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15% unless otherwise approved the City Engineer. 37. Prior to final map approval, Ap*emit Wshall dedicate 40NIM and improvefto' to the ultimate right-of-way #W off Brea Canyon Road Q..., along the tentative map frontage, mW shag dediea* md iw4waw te the ultim fight Of WRY eff BM Gffltyeft Read outside the TentatWe Map boundary between Glenbrwk aftd Pathfi all in accordance with City Standards. Applieaa shall enter into a reimbursement agreement with City for reimbursement of advanced costs from development of property benefitting from the dedications and improvements required herein. kj�amount of 38. Applieant shall pay the pm feW or shag eenstmet 9*eo to Mnqmr signal improvements at Pathfinder and Brea Canyon Road prior to final map approval REVISION DATE OCT. 14, 1994 19 . . weamm, and seek fuftdiRg will be Mfviburwd to the Gity by appKemt as defir" aboyi—e 39. Fund of other signal improvements required pursuant to the approved EIR prior to approval of the final mag,'NUM 40. Label any private drives or fire lanes and delineate on the final map to the satisfaction of the City. Owner LW gffa fg deWcate ga&Jagi M & g= from = Canyon &W Lq [& westerty vesting tentative L= bila accondawe M&Exkbu M: auached, Subdivider " impryge U= ig jUba &11M la accor&we W& Q stwidards &M Canyon&W through & itedW& = Street Subdivide prowde *,grade ontv&r that M= gf & g= ftm L9 & westerty L= boundary gi pmmwb! agreed Ig & applicant, 41. Construct rainage improvements and offer easements needed for street and slope drainage as required by the City Engineer prior to recordation of the final map. 42. Construct fry -width -sidewalks throughout 111,11the tract City Engineer. per City standards and as approved by e- 43. Provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. 44. All utility lines shall be underground pef Seefieft 21.24.400 of Tride 21 e Gity Gedes in and adjoining the frontage of the pf opesed Tentative Tract Map. 45. Dedicate slope easements along Brea Canyon Road in favor of the City as required by the City Engineer, prior to approval or recordation of the final map. The dedicated slope easements shall be placed in a landseape and lighting dis4iet-, Homeowner's Association as directed by the City Engineer. 46. Construct curb and gutters per City standards subject to approval by the City Engineer. 47. Construct wheelchair ramps at all comers and all intersections pursuant to City Standards or as may be required by the City Engineer. REVISION DATE OCT. 14, 1994 20 48. P£evide street lights :` Jo City s +as required per-te :;City . standards and as approved by the City Engineer. The street lights shall be i ...i.•<{?<yv<{;:d:`:tiK'.. �{{r. . . • 'u1iU:{u lJitri}.v,{•%-0:il }}}:L. . .. .. . . .... .. . . .. w.. 49. Traffic improvement plans prepared by a registered Traffic Engineer in a 24"x36" sheet format shall -b : � submitted to and approved by the City Engineer. Security shall be posted andagreement executed guaranteeing completion ofxmprovements prior to final map approval. 50. Intersection line of sight designs shall be submitted to the City for approval as may be required by the City Engineer. ............... 51. :traffic control signing and striping plansM01-11 °Moll- 52. {.•..:l 11. u► accordance with Cit r uirements �1 `rior to approval of the final map. Secondary street access must be provided as approved by the City Engineer. 53. Prior to final map approval the subdivider shall submit an':`:':-:'-"`%"@.., `{ '' WW . •area study to the City Engineer to deter.ine whet��-" ' 16apacity is available ml..in the sewerage system to be used as the the sewers in this land division. If the system is found to be of insufficient capacity, the problem must be resolved to the satisfaction of the City Engineer. 54. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. - The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Department, prior to approval of the final map. 55. The AVpke--.1. ;.;shall obtain connection permit(s) from the City; -Los Works -and County Sanitation District k ...:. fr The }}N ' } be annexed into the County Consolidated Sewer intenance .District and REVISION DATE OCT. 14, 1994 21 56. The , at �liee 's sole cost and expense, shall .. construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards. 57. Prior to final map approval a water system with appurtenant facilities to serve all lots/parcels in the land division designed to Walnut Valley Water District specifications, must be provided and approvedby the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer' • • 58. Prior to final map approval, the epp shall construct, or enter into p M. 4 an improvement uaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District ` . specifications to accommodate the total domestic and fire flows as may be required by the City Engineerr> ' :A . 59. Provide separate underground utility services to each parcel, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall approv by the City En ineerl 60. shall relocate and underground any existing on-site utilities mane -to the satisfaction of the City Engine f r 61. Prior to submittal of the final map, written certifications from Walnut Valley Water District, GREE , SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. 62. Based on a determination by the City Engineer, the City reserves the right to require the applicant to install 210 gad income jg Lk homeowners' asses obligate & & r instate gC main and service lines capable of delivery of reclaimed water to all homed assniain_t, comnwn i gree FIs ed portions of the Tract, prior to final map approval. The system shall be designed to permit "switch over" of non-domestic services on each let Mgr g within & homeowners' association maintaMgr ,rc= onno area at time of availability of reclaimed water, all to the satisfaction of the City Engineer and designed to the specifications of the Walnut Valley Water District. REVISION DATE OCT. 14, 1994 22 that. - Streets Lr& deshe• I and &a / Qtv standards(LACC 21.28.060). adyacent ! _ I g= d Dnvate g= M L/M ga L' fLial !.I r r r I I I / I D?Ivate streetsgad I .& stmces == U.' t. 1. . !in -e sewr and g= dM / . 11.! ' I g= I I I! /_' southerh portion I subdiidsion. &M I I_fy/ I AL providing / _I,I I I r I 1 ., , clearly desi-onam private district(s) LQ & owned, operated gad mainta kj L% County, Homeowne association& fo fg !. L!. I. ' n - ' 9.f Lk spill', r.f fill �!I.! r. ". ' I I _%, / [oil !_ ! MI, r dmm / ! _/ fLr transfe/Co ILIA/ Contro i C:\LETTERS\VM32400.CON VTM 32" MAP 23 REVISED 10114194 (c) The Los Angeles County Sheriffs Department has indicated that it can serve the police protection needs of the City at buildout, based upon existing regional facilities. (d) On-site security measures, to be implemented by the project proponent(s) during the construction phase of the Alternative Project, will minimize the likelihood of criminal activities perpetuated against any individuals, equipment or property located upon the Alternative Project site during those activities and will mitigate any potential impacts to a level deemed by the City to be less than significant. (e) Based upon the analysis presented in the Final EIR, the following mitigation measures have been identified and made conditions of Alternative Project approval: 0 building plans! (1) to faeAitafe emergeney aeeess,- (2) to assure the eeftsiderafieft Security features which shall be incorporated into the final design may include: (1) residential dwelling unit orientation which facilities "neighborhood involvement" activities; (2) exterior security lighting; (3) well-designed access for police patrols to provide optimum observations; and (4) illuminated street addresses to ensure visibility from the street for better patrol observation. The project proponent(s) or subsequent homeowners' association shall participate in neighborhood involvement programs established by the Los Angeles County Sheriffs Department to increase community awareness'and, thereby, help reduce potential criminal occurrences in the City. 3.8 Fire Protection 3.8.1 Potential Effect: Although Project development has the potential to reduce existing wildland fire hazards now evident on-site, the introduction of new residents, employees and property improvements will increase demands upon fire protection and paramedic services. Findings: The City hereby makes findings (1) and (2). Facts in Sunnort of Findings: The following facts and/or measures are presented in support of these findings and will result in a substantial reduction of the potential adverse impacts. of this identified effect: Re oh imURCMO VM NO. 32" 4653 FMINGS 27 REVISED 10114194 5.1 Land Use 5. 1.1 Eposed Mitigation Measures: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to the potential land use impacts that may result from the development and subsequent occupancy of the Project site, as identified and analyzed therein: All exterior lighting associated with proposed commercial/office uses to be developed on-site shall be orientated to minimize light intrusion onto adjoining residential areas. Finding: The City hereby finds that the recommended mitigation measure, as identified in the Final EIR, is not directly relevant to the Alternative Project. Facts in Sunvort of Finding: The following facts are provided in support of the recommended deletion of this mitigation measure: (a) No retail commercial, office professional or other associated land uses will directly or indirectly result from the implementation of the Alternative Project by the City. (b) In the absence of those land uses, including any exterior lighting associated therewith, no light intrusion impacts upon adjoining residential uses are anticipated or are likely to occur as a result of the implementation of the Alternative Project. 5.2 Earth 5.2.1 FnWsed Mitigation Measure: The Final EIR recommends that the Lead Agency and/or affected Responsible Agencies implement the following mitigation measure in response to potential geologic, geotechnical and seismic impacts that may affect Project area residents and improvements resulting from the approval of the Alternative Project: All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City and County standards and shall conform with recommendation contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400, County of Los Angeles (Petra Geotechnical, Inc., October 18, 1988), Greep, September -21, 1992) and such other geotechnical reports as may be prepared for the site and/or required by the City and County. ResolwtOMURCM0 V!M NO. 32400 4653 rvVDuvcs 58 4/29/93, 5/3/93, 5/5/93, 5/17/93, 5/19/93, 9/22/94 10/1�419i4 EXHIBIT -$g CONDITIONS OF APPROVAL A. GENERAL REQUIREMENTS: 1. This Approval of Vesting Tentative Tract Map No. 32400 shall not be effective for any purpose until a duly authorized representative of the applicant has filed with the Community Development Department an Affidavit of Acceptance, thereby accepting all the conditions of this approval which Affidavit shall be filed within 15 days of the date of approval. 2. All requirements of this Resolution, the applicable Zoning District, the City Codes, City departmental policies, rules and regulations and applicable law, policies and regulations of any State, Federal or local agency with jurisdiction thereof shall be complied with by the Applicant. C. - expense any aefieft keught against The Gity may, at its sol -e I . &-fieipa+e at its own e*pmse in the defense of any sueh Wien be In accordgwe wuh Goverment Code &SLJ0 &474-9(b) and (c). Ae sUldi hold hamtka the Xity. its azents. officers. a shall- employees'ILIIL efend. indemnify any and claim.action, or / I, "'! L! aiminst theCity or !' ofters. or emplyvees to god, set as . void or annul. an awroyal qLae QX, which '!ion&f1ion "tion 66499,3Z is brought within the time p&dgd proWded for in Govemwnt Co* B. FIRE DEPARTMENT REQUIREMENTS: 1. Provide and locate water mains, fire hydrants and fire flows as required by Fire Department and Fire Code. REVISION DATE OCT. 14, 1994 1 2. Prior to recordation of a final map, emergency secondary access shall be provided in accordance with Fire Protection District Standards and approved by the City Engineer. 3. Fire Department access shall be extended to within 150 feet distance of any portion of structure to be built and shown on the final map. 4. Access shall comply with Section 10.207 of the Fire Code (all weather access). 5. Driveways shall include, as necessary, turnarounds suitable for fire protection equipment use and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. 6. All required fire hydrants shall be installed, tested and accepted prior to construction of on-site improvements. Vehicular access must be provided and maintained serviceable throughout construction. 7. All hydrants shall be brass or bronze and conform to current AWWA standard AC503 or approved equal. All hydrants shall be installed a minimum of 25' from a structure. C. COMMUNITY DEVELOPMENT DEPARTMENT REQLM EMENTS: 1. The site shall be developed and maintained in accordance with the approved VestingTentative Tract M and plans approved b the : .:k.: rF" `' ` as revised Map P PP Y ' .< . <.. by these conditions of approval. 2. Prior to the recordation of the final map the applicant shall pay spark in -lieu fee, or dedicate park land to the City's satisfaction. 3. Exterior construction activities (grading, framing, etc.) shall be restricted to 700 a.m. to 5:00 p.m., Monday through Saturday, except that interior building construction activities shall not be limited. All construction equipment shall be properly muffled to reduce noise levels. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00, Monday through Saturday. All equipment staging areas shall be sited on the subject property. Dust generated by construction activities shall be reduced by watering the soil prior to and during grading activities. Use of reclaimed water shall be used whenever possible. 4. REVISION DATE OCT. 14, 1994 2 5 Applicant shall pay development fees (including, but not limited to, planning, building and school fees) at the established rates prior to*',"'.* I SOMMUMV-1 0111". 4*(" issuance of budding permits. 6. the applicant/subdivider shall prepare and submit to the Director of Community Development for approval pFier- to the of the firA let of the subdivigion, a "Buyer Awareness Package" which shall include, but not be limited to, information pertaining to geologic . . . . . . . . . . . 3'i . . . . . . . . . issues regarding the property,. . . . . . r andoakMalk tree preservation issues, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. Applicant shall institute a program to include delivery of a copy of said "Buyer Awareness Package" to each prospective purchaser and shall keep on file in the office of Applicant a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information contained within the "Buyer Awareness Package." 7. Prior to the issuance of building permits the variety of materials and colors to be used on the exteriors of residential structures shall be approved in form and color by the Community Development Director o(WOMM". 8. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed to the satisfaction of the City. 9. The use authorized by this approval shall be commenced or construction necessary and incidental thereto shall be started on or before the time limit specified herein and thereafter diligently advanced on or before the (2) second year after the expiration of " appW p 01111 411,01,060 10. Applicant shall pay all remaining prorated City project review and processing fees prior to recordation of the tract map as required by the Community Development Director. I As a means of mitigating potential environmental impacts, the applicant shall suspend construction in the vicinity of a cultural resource encountered during REVISION DATE OCT. 14, 1994 3 development of the site, and leave the resource in place until a qualified archaeologist can examine them and determine appropriate mitigation measures. The applicant shall comply with mitigation measures recommended by the archaeologist and approved by the Community Development � f qC"t Upon initiation of grading activities, a paleontological grading observation schedule by a Certified Paleontologist shall be maintained when grading in bedrock units to further evaluate the fossil resources of the site. Salvage operations shall be initiated and coordinated with the project applicants if significant concentrations of fossils are encountered. 2. Plant street trees as directed and approved by the City Engineer. 3. No underground utilities shall be constructed within the drip line of any mature tree preserved on-site except as approved by a registered arborist. 4. The mitigation monitoring program contained in EIR: ' . W and approved by the City shall be implemented and rigorously complied with. Applicant shall deposit and maintain with the City, a fund in such amounts required by the Director of Community Development to defray the cost of implementation and monitoring by City staff and consultants retained by City. 5. A detailed landscape and irrigation plan, include slope planting and model home landscaping, shall be prepared by a licensed landscape architect and submitted for City review and approval prior to ""'"" ". Fence details, tree staking, soil preparation, planting details and an automatic irrigation system and the incorporation of xerotropic landscaping shall be incorporated wherever feasible. The Applicant shall pay all processing fees associated with plan review. 6. All terrace drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. Terrace drains shall follow land form slope configuration and shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 7. Prior to issuance of occupancy permits all oak trees to be replaced shall be replaced at the ratios, locations and palette mix specified in EIR No. 92-1 (SCH 91081040). 8. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Los Angeles County Code and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. REVISION DATE OCT. 14, 1994 4 9. Replacement oak trees at a 2:1 ratio shall consist of the following mix of sizes: a. 5 % seedlings b. 15 % 15 -gallon C. 50% 24" box d. 15% 36" box e. 10% 48" box f. 5% 60" box 10. Prior to grading, seed collections shall be made from many of the native species on-site, concentrating on areas to be impacted by the project. These seeds shall be propagated and their offspring, in seed or container plant form, shall be used in the revegetation program. Seeds of species in short supply on-site shall be increased prior to planting and/or all seeds shall be grown in containers for planting on-site. Applicant shall provide proof of compliance with this Section to City Engineer prior to grading and again, prior to issuance of any certificate of occupancy. 11. Prior to the issuance of permits for site grading, eight (8) suitable oaks for transplanting shall be selected, tagged and recommended to the City for relocation by a qualified arborist. Selection criteria shall include access, health, structural feasibility for transplantation and cost. In order to maintain wildlife food sources, an effort will be made to select some specimens for transplanting marked to indicate compass and slope orientation. Trees shall be boxed by a method which minimizes shock and allows for the inclusion of the maximum feasible amount of root hairs and associated soil. Indigenous mycorrhizae shall be included with the root hairs and associated soil. Siting of transplanted oaks and detailed transplanting methodology shall be coordinated by a qualified licensed arborist. The number of oaks to be transplanted and their specific locations shall be approved by the Community Development Director: 12. Prior to the issuance of grading permits the applicant shall obtain approval of a Feral Pet Trapping Program by the Community Development Director. A feral pet trapping program shall be Idministered by the Applicant during and after construction. The feral pet trapping program shall provide for the trapping and disposition of former domestic pets that have gone back to the wild, to the specifications of the Imes Angeles Gettaty Deputmem of Animal Gen ,> W" { <L v.4::C{v..::5{4: 13. Prior to approval of project landscape plan the applicant shall demonstrate that the landscaping palette for the project emphasizes the use of drought tolerant, native plant species with low water requirements adapted to the inland Southern California climate. Also, plants used in ? "s ''•'� M M landscaping shall include those which provide nectar, fruit or seeds as food for native wildlife REVISION DATE OCT. 14, 1994 5 species. With the proper selection and placement of native plants, the proposed development would retain some of its natural value. Recommended plants for landscaping include: Big -Leaf Maple Bigberry Manzanita Coyote Brush Ceanothus Redbud Toyon Honeysuckle California Sycamore Holly -leaved Cherry California Coffeeberry Holly -leaved Redberry Sugarbush Chaparral Currant Our Lord's Candle California -Fuchsia Acer macrophylla Arctostaphylos glauca Baccharis pilularis Ceanothus spp. Cercis occidentalis Heteromeles arbutifolia Lonicera spp. Platanus racemose Prunus ilicifolia Rhamnus californica Rhamnus ilicifolia Rhus ovata Ribes malvaceum Yucca whipplei Zauschneria californica 15. In compliance with Section 3503.5 of the California Fish and Game Code, a qualified biologist shall determine the presence of any raptor nests prior to or concurrent with grading activities, the project applicant(s) shall contact the California Department of Fish and Game, shall obtain and comply with all appropriate procedures relative to grading operations in proximity to those nests, and shall provide verification of same to the City. Seine -of the Resulting mitigation measures may include: (1) modifying the design of utility poles, if any, for the protection of raptors and other birds; (2) restricting construction activities near raptor nesting sites during and immediately following the breeding season; and (3) constructing artificial nesting platforms for raptors and other birds. 16. Prior to issuance of building permits, if applicable, Los Angeles County Fire Department requirements for development in a wildland fire area shall be incorporated to reduce potential fire hazards. These provisions include, but may not be limited to: (1) fire -resistive protection of exterior walls/openings; (2) fire - retardant roof covering; (3) fire -resistive construction for decks, balconies and support structures; and (4) chimney screens installed on each chimney flue. REVISION DATE OCT. 14, 1994 . 6 17. Project design and maintenance activities shall comply with brush clearance programs administered by the Los Angeles County Fire Department. 18. Prior to the initiation of construction activities, the project applicant(s) shall submit and the County Forester and Fire Warden shall approve a fire hazard reduction/fuel management plan to minimize brush fire hazards on-site. That plan shall include, but may not be limited to: (1) use of fire retardant construction materials; (2) brush clearance and maintenance activities within 100 feet surrounding individual structures; (3) irrigated planting areas with provisions for maintenance activities; and (4) the provision and maintenance of fire breaks. 19. In order to limit the potential threat of wildland fires, low -fuel volume plants shall be incorporated into the revegetative plan. 20. Prior to the issuance of grading permits, the project applicants shall review development; plans with the Los Angeles County Department of Parks and Recreation to facilitate implementation of the County's regional trail system. Adequate provisions (e.g. trail dedication, signage) shall be provided to ensure the dedication of any City or County ordinance required trail links. .k 21. Prior to the approval of the grading plan, the project applicant(-skag sub -e identify appropriate measures to be undertaken during grading activities to minimize disruptions to school activities and shall address potential health and safety considerations relative to pedestrian activities in the project area. 22. Prior to the initiation of grading activities and a replacement plan for the loss of existing oak trees shall be submitted by the project applicant(s) and approved by the City. 23. Applicant should implemen c°� a 1jaiW biological resource removal program, prior to grading, to allow persons to remove Sely, a vegetation at their own expense. E. APPLICABLE EIR MITIGATION MEASURES (not addressed in subsections a, b, c or d) The following conditions are EIR mitigation measures not covered by the tract conditions listed in subsections a, b, or c which apply to the project site. REVISION DATE OCT. 14, 1994 7 residence meas: 2. All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City and County standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract No. 32400, County of Los Angeles (Petra Geotechnical, Inc., October 18, 1988), Group, SepWmber 21, 1992� and such other Geotechnical reports as may be prepared for the site and/or required by the City and County. 3. The project applicant shall be financially responsible for the following items: (1) the construction or advancement of funds for the construction of any required on- site drainage improvements as contained in the Master Plan of Drainage Facilities approved by the City Engineer and County Engineer of Los Angeles County; (2) the construction of in -tract and off-site storm drain system improvements; (3) prorated mitigation fees of contributed flows and/or (4) any permits or other assessments , :Imposed by the County Engineer. 4. Drainage shall be disposed of in a manner satisfactory to the City Engineer and The design and installation of project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of both the Los Angeles County Department of Public Works and the City of Diamond Bar. 5. Prior to the approval of the final tract map(s), a special maintenance district or other funding mechanism acceptable to and approved by the City an&e t £igiaeer -shall be established for the maintenance of on-site storm drainage facilities. Terrace and down drain will be part of the Landscape and Lighting District. The main drainage system shall be accepted into the Los Angeles County or City of Diamond Bar maintenance District. 6. Prior to the initiation of grading operations, the project applicant(s) shall obtain all applicable construction, stormwater and NPDES permits as may be required by the City, the County of Los Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. 7. Prior to final map approval, Brea Canyon Road shall be constructed to the planned four -lane cross-section between Colima Road and Pathfinder Road. Plus, left -turn lanes shall be provided at each of the three I@ project access points along Brea Canyon Road. shall be designed to provide adequate sight distance. REVISION DATE OCT. 14, 1994 8 INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: Terrence L. Belanger SUBJECT: Resolution No. 94-40 DATE: September 15, 1994 The City Council asked that this matter be placed on the September 20, 1994, agenda. TLB:jac Attachment RESOLUTION NO. 94-40 _ A RESOLUTION OF THE CITY COUNC'L OF THE CITY OF DIAMOND BAR DECLARjNG ITS DM MZON TO DENY A DEFENSE TO CTTY COUNaL MEQ RELATm TO CERTAIN �O SAME TO BE OUTSIDE THE SCOPE OF DUTY WHEREAS, Part 7 of DMsim 3.6 of the Clilift9flis (3OVUMMM Code- wmmmft at Section 995, secs forth catia-ce pk muu for the provision of s ddeen 10 Cly Council Men*= who are actiog within the scope ofthe dntias of their ogkw. emd WHEREAS, the City Council of the City of Diaeoond Br wisbss to cla ft Waft and define cat= scam m which an not to be coosidwW as being' WHIM the mope of duties of offim and not to be da boded at pd4c eocpeoe� NOW, THEREFORE, BE TT RESOLVED, then the City Cme d of the City of Dieu d Br declares its ictendoa the the Cuy Ad ant provide a ddeoie at pubic eocpeoee to any City Council Member if the cense of action metes to m d e0doa oted or slaWff t nv* the publication of '& comenuoic ion of,eaeeal airWigdon w" hes not been wed and authorized by the City of Diamond Her, and whio� shell not belaoosid�eed as activitT within tlr scope of duties of d o& City CbMIN& maihsr_' PASSED, ADOPTED and APPROVED by the City Cowed of Diamond Br, CAMOK this 1 th day of A"Q14t - 1994• I, LYNDA BURGESS, City Cleric of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on 1 r h, day oflgll -s+ . 1994, by the following vote: AYES: NOES: ABSENT: ABSTAINED: COUNCILNURABERS: Miller, Papen, and M/Werner COUNCII.N99MERS: MPT/Harmony COUNCIL MEMBERS: None COUNCIL MEMBERS: Ansari INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: Terrence L. Belanger SUBJECT: Consideration of City Council Standards - Parenthetically 91-71 DATE: September 15, 1994 This matter has been requested to be placed on the September 20, 1994, agenda for consideration. Included is a draft proposal submitted by Dr. Lawrence Rhodes - Standards of Operation. TLB:jac Attachment REQUESTED AMENDMENTS WHEREAS, the Diamond Bar City Council does occasionally deviate from the normal order before the Council, and on occasion fails to act in a manner of proper decorum, BE IT PROPOSED the following amendments be made to the City Council Norms of Operation (Resolution #91-71) as follows: Section 1 - OPERATION OF CITY COUNCIL MEETINGS be amended to add new item P. P. The City Council shall meet and act within the general constraints of the governmental sections of Roberts Rules of Order (ref. Jove Book, September 1977 printing). 2. Section 6 - INDIVIDUAL COUNCIL MEMBER RESPONSIBILITIES be amended to add new item G. G. The members shall conduct themselves in accordance with Roberts Rules of Order, Article V, Section 36, "Decorum Debate." 3. Add new Section 7 - PARLIAMENTARIAN - The City Attorney shall act as Parliamentarian. The speaker having the floor may at any time request of the Parliamentarian the rules of order, or procedures to be followed. The Chair may at any time interrupt the proceeding to request a ruling from the Parliamentarian. The Parliamentarian is obliged to interrupt the speaker and Council if a significant deviation of the general rules or the minimum of decorum occurs. Dr. Lawrence Rhodes RESOLUTION NO. 91-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OVZRATION QBERlAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WMZRM, the establishment of standards. by the City Council will promote understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City;.and WKERSAS, the establishment and periodic review of these City Council policy standards will assist new members of the City Council to better understand their role and responsibilities as Council Members. NOW# TX=WORl. an XT R"C"M by the City of Diamond Bar as follows: A. The Council shall meet the first and third Tuesdays of each month, commencing at 6:0o p.m. If the Council desires to proceed Past .11:30 p.m., the Council; at 11:00 p.m., will determine which issues will be completed at that meeting and which items will be continued to th:,e next Tuesday mooting. B. Public Comments are to be scheduled for 6:'00 p.m., immediately following the Flag Salute, Roll Call and Council Comments. C. No action is to be taken on items raised under Public Comments. Besides oral requests, citizens -may also be requested to put concerns in writing, it that the item(s) is to be agendized, for a later Council meeting date, at the discretion of the Council and City Manager. D. At the beginning of the meeting, if there are a dumber of people requesting to speak on a particular subject under Public Comments, the Mayor may request that there be a spokesperson and that the others limit their cogments, speak at the end of the meeting or contact Council or City Manager. This does not apply to scheduled agenda items. COUNCIL STANDARDS Page Two Section 1. OPERATION OF CITY COUNCIL MEETINGS (CON'T1 E. In order to ensure that all members of the public have an opportunity to speak, pertaining to issues that are not on the meeting agenda, and that the council is able to complete the public's business, there shall be a five-minute limitation on comments by the public unless otherwise prohibited by law. The Mayor will be responsible for enforcing the time limits as suggested. Any Council Member may request an extension of the five-minuta time limitation. If the Council concurs that the nature of the issue warrants an extension of time, the time limit may be extended. F. The Council will not hold a public hearing on items scheduled under Departmental Reports or Council Concerns. If just one or two people desire to speak on the item, the Council will listen to their comments. If more than two Persons at the meeting desire to speak on an item, the Council may reschedule the item on the agenda of a subsequent meetinq. G. with Council approval; Mayor may schedule Council review of agenda items out of their prescribed order on the printed agenda. H. Significant proposed changes to City ordinances shall be set for public hearing. I. The Council Member making a motion shall either restate the motion or have the City Clark restate -the motion, before the vote, to clarify the motion for th* public and staff. J. Council Members should not get into a debate with a member of the public or staff at a Council meetinq. K. The City Council will, on a quarterly basis, agendize and prioritise those significant items to be scheduled as future Council study session topics. L. If an applicant submits a new site plan for a development or if the City Council requests changes in the submitted site plan, the public hearihq will be continued at least two weeks to allow time for staff review. M. Any written correspondence or other materials received at a City Council muting (from the public or staff) will be documented with a receipt time and data by the City Clerk and distribution indicated. If the City Clerk does not receive a copy of the written submittal, it will not be considered to have been received or acted upon by the City Council. COUNCIL STANDARDS Page Three K1.1v 1b to) ZKO) 49000 N. All minutes of City Council meetings shall be composed utilizing an action -taken format; rather than a transcript format. All meetings shall be audictaped, in their entirety, for Council, public and staff reference. City Council and Planning Commission tapes shall be retained for two years, from the date of the meeting. All other Commission and Committee meeting tapes shall retained, until the approved minutes of a meeting have been reported to the City Council. o. Any concerns by a Council Member over the performance of a City employee during a Council meeting should be privately directed to the City Manager to ensure the concern is properly addressed. section Z. ASSIGMMM"S_ CITY COMMISSIONS AND PRreQ B�TI�S' A. Individual Council Members will have the. right to attend meetings but are cautioned about becoming involved in the meetinq's discussions and/or violating the Brown Act. B. written committee reports will be given. to the Council on significant committee recommendations and/or actions. C. New ideas or suggested programs will be presented to the full Council before presenting to the media. section 3. A. If a member of the City Council represents the City before another govesn ental agwwy, organization, the Council Member will first indicate the majority position of the Council. Personal opinions and comments may be expressed only if the Council Mawr clarifies that these statements do not represet the position of the City Council. section s. CITY CODIfCtL. RZATIANBHIpa VTW CITY STA" A. There will be mutual respect from both staff and Council - members of their respective roles and responsibilities, when expressing criticise in public session. B. In public session, City staff members will address Council members, utilising Mayor, Councilman or Councilwoman= and, council members will address all staff members, utilizing Mr. or No. rather than the person's first names. COUNCIL STANDARDS Page Four Section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF (CON'T) C. City staff acknowledge that the Council is the City's policy making body. The City Council acknowledges that staff administers the Council's policies. D. The Council, as the overall policy body, holds the city Manager responsible for the administration of the city Departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments per Council direction. E. The Council will direct the City Manager on all major or new issues. A Council Member will not initiate any action or have prepared any report that is significant in nature or initiate any project or study, without the approval of a majority of the City Council. F. All written informational material requested by individual Council Members will bo. submitted by staff to all Council - members. with the notation indicating which'Council Member - requested the information. G. Council will not attempt to coerce or influence staff in the making of appointments, the awarding of contracts, the selection of consultants, the processiriq of development applications, or the granting of City licenses or permits. H. Mail that is addressed to the'Mayor and City Council will be circulated by the City Manager .to the City Council with a comment as to which staff person will be assisting the Mayor and/or Council fiember in preparing a response. i. The Mayor's response, when appropriate and the original communication, will be submitted to Council members for their information. Mail addressed to individual Council Members may be responded to, by that Council Member. K. Staff team sensitivity and support is important. once a final decision is reached by the Council, Planning Commission or other City body, it will be accepted, supported and implemented by staff. section S. A. Ctty Council Members will keep all written and verbal information provided on matters that are confidential, under State law, in strict confidence to insure that- the City's position is not compromised. No dissemination of information or materials will be made to anyone, except Council Members, City Attorney, City Manager or Assistant City. Manager. COUNCIL STANDARDS Paqe Five section S. H. I,ITIGATTON AND CONF DENTTAL f nu�m� It the City Council L. in closed session has to City staff on proposed terms and conditions fodr an stype of negotiations whether it be related to Y ion of disposal, a proposed or property acquisition or employee negotiations, allncontactawiitthothe,00therion, and/or be the designated City person(s) representingParty will handling of the negotiations or litigation. Council Member will not have any contact or discussion with the other or its representative involved with the n party this time and will not communicate any discussion Conducted iin Closed sessions. section* s. A. Frequent communication is an imy Council relationships and will be the standard integral part of of operation. B• Respect for each individual Council M style will be a standard of Operation., embers interpersonal sensitivity to .individual points Of iew will beCourtesy a esyndand Of operation. C. On areas where Council M process to be used, discussions dwill occursc=aeilitatean ha clear direction. D. Council approach to authority is collegial rather ther than E• Council Members will keepan o Pen mind on all issues. F • Individual Council Members, on matt1% or anticipated item where a pertaining to upcoming maintain an near neutral public hearing will be held, will only the a position as possible to assure not ant PPearanee but the actual degree of openness that is •ndent to our cOMMUnity responsibility. The City Clerk shall certify to the adoption of this Resolution. ph/asD• MM MM, ADO"= this 3_d day of December - 1991. .� COUNCIL STANDARDS Page Six 1, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foreqoinq Resolution was passed, approved and adopted at a regular meetinq of the City Council of the City of Diamond Bar hold on -,I= day of Dacamber 3. 1991, by the following vote: AYES: COUNCILMEMBERS: Miller, Forbinq, M/Rim NOES: COUNCILMMERB: None ABSENT: COONCILM HERS: Papen, Werner ABSTAINED: COVNCI?KOMERS: None LYNIDA BUPAZSS,'City Clerk City of Diamond Bar INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Honorable Mayor and Members of Council FROM: Frank M. Usher, Assistant City Mana VIA: Terrence L Belanger, City Manager SUBJECT: Request for Information Regarding Contracts from Mayor Pro Tem Harmony DATE: October 10, 1994 We are in receipt of a request for information regarding 49 contracts, over a 5 year period from Mayor Pro Tem Harmony, a copy of which is attached. We estimate that substantial staff time would be devoted to meeting Mr. Harmony's request. The process will require approximately 40 hours time by an account clerk and 10 hours supervision time by our Accounting Manager. Because of limited staff available to fulfill the normal and necessary functions of the Finance Department, complying with Mr. Harmony's request would require retaining the services of a temporary accountant to accumulate the information. The person would work under the direction of the Accounting Manager. The estimated cost of compiling this information is $990. On December 3, 1991, the City Council adopted Resolution 91-71, establishing City Council Standards of Operation. Section'4 of that resolution addresses City Council relationships with City staff. Sub -section 4.E. states, in part, "...A Council Member will not initiate any action or have prepared any report that is significant in nature or initiate any project or study, without the approval of a majority of the City Council." All payments made relative to the contracts specified by Mr. Harmony were approved by previous City Councils or by this City Council. I do not know the purpose of the request for information, nor do I understand what benefit it may have for the City of Diamond Bar. It is respectfully recommended that the City Council inquire of Mr. Harmony the purpose of the inquiry, and if the Council finds the reason to not be compelling, that the City Council deny the request. nbw attachment C401t4w 1 Noth"INFANX Frew: Clair W. rNrmwr�o►, � I� Mayor MrM-Tc�q City Of Diamond nor Attri: �r�, Fran) Daher o c/o Terry Belanger � _ � _ 3 teubject: C.oatract Totals �' -_ � - Date: 10/6/94 r� Corifirm Receipt Of This Fax ��.muaique 8eoona mortice T]sird Nati Final Notice Please provide total contract amounts for the following: Return FAX is (NO) 861-8881 aed Telephone is (909) 861-8881 Addraess P.0.6ox 4153, Dtmn=ld Dae, CA 91765 [Not Distributed or Prepared at Pubic Expense] 19) Gardner Communications 1) Armentrout, Phil 20) Graffiti Control Systems 2) Boys Club/San Gabriel Vly 21)Hardy M. Strozier Inc. 3) Brandman Assoc., Michael 22)IPS Services Inc. 4) Brea, City of 23)Impressive Screenworks 5) c&W Fence Comparry 24) Int'l Business Equipment 6) Computer Applied Systems 25) International Services 7) California Conservation 26) Journal Vouchers 8) Charles Abbott & Asc Inc. 27) LA County Agriculture Com 9) Clayton Engineering Inc. 28) Los Angeles County Clerk 10) Coast Landscape 29) Landscape West 11) Community Disposal Co. 30) Leighton and Associates 12) Community Sweeping 31) Macadee Electrical 13) Community Industries 32) Main Street Tours 14) Compliance Group 33) Marina Contractors Inc. 15) Cotton/Beland Assoc. 34) Markman Arczynski Hanson 16) D.B. Chamber of Commerce 35) Marrs Printing 17) Dwight French & Assoc. 36) Myers, Elizabeth 18) Eastman Inc. 37)Nolte & Associates Inc. Return FAX is (NO) 861-8881 aed Telephone is (909) 861-8881 Addraess P.0.6ox 4153, Dtmn=ld Dae, CA 91765 [Not Distributed or Prepared at Pubic Expense] ciodow'JeNNIPSIX A F■� r�ru Clair A. �a���ll, Mayor Pro -Tem ago Cit? Of NnMwnd nar 38) Pomona Vly Transportation 39) Public Financial 40) RJM Design 41) San Gabriel Vly Tribune 42) Loewenstein Inc. 43) Seigworth, Harold L. 44) Siecke, Warren C. 45) Sir Speedy 46) Thomas Bigbie & Smith 47) Thompson, Jack 48) West Coast Arborist Inc. 49) Wildish & Nialis Return FAX is (909) 861-8881 acid -FWq* oae Is (909) 861.8881 Address: P.0.8= 4153, 018000nd Bar, CA 91766 (Not Distributed w Prepared at Public Ex MMI INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Honorable Mayor and Members of the City Council FROM: Frank M. Usher, Assistant City Mana VIA: Terrence L. Belanger, City Manage SUBJECT: . Request for Information from Mayor Pro Tem Harmony DATE: October 18, 1994 I was informed yesterday by Mayor Pro Tem Harmony that the information regarding the 49 contracts, which he had requested, is for Fiscal Year 1993-1994, rather than for all of the 5 years since incorporation. The amount of time necessary to gather the information, therefore, would be substantially less then originally estimated. However, the principle issue that still remains is that such research should be done at the direction of the City Council. As I have indicated previously, all payments made to the contracts specified by Mr. Harmony were approved by the previous City Council or by this City Council. I do not know the purpose of the request for information, nor do I understand what benefit it would be for the City. However, if the City Council finds Mr. Harmony's purpose in making the inquiry to be compelling, I believe that the appropriate action to be taken would be for the inquiry to be referred to the auditor currently completing research for the Fiscal Year 1993-1994 audit, and to request any appropriate reporting regarding the contracts to be done through the audit. nbw INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Gary Werner, Mayor RE: City Council Sub -Committees DATE: October 4 1994 ISSUE: Shall the City Council undertake subject matter policy analysis and formulation and interagency liaison, through on-going, subject matter Council Sub -Committees or through case-by-case ad hoc Council Sub -Committee assignments? RECOMMENDATION: It is recommended that the City Council dissolve the present on-going, subject matter Council Sub -Committees, with the sole exception of the Council Finance Sub -Committee. In the alternative, it is recommended that the Council hereinafter appoint Council Sub -Committees on a case-by-case basis, when the the Council determines that the appointment of an ad hoc sub -committee is appropriate. DISCUSSION: The City Council directed the Mayor and City Manager to evaluate the present Council sub -committee system and make recommendations to the City Council, as to manner in which issues of policy undergo analysis and formulation. Currently, the City Council has created almost two dozen on- going, subject matter sub -committees. Most of the these sub -committees meet infrequently, usually only when an issue of policy arises, which falls within a sub -committee's subject matter ambit. In order for Council sub -committees to there greatest flexibility and direction, it would be best to appoint ad hoc Council sub -committees, when a policy issue need arises. There is an exception to this Council sub -committee approach, the Finance Committee. The Finance Sub -Committee would be assigned the responsibility of reviewing the bi- monthly warrant registers and finance -related policy analysis and formulation. CITY OF DIAMOND RAIZ AGENDA REPORT AGENDA NO. 'j'. {o TO: Terrence L. Belanger, City Manager MEETING DATE: October 18, 1994 REPORT DATE: October 14, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Four-way stop control on Brea Canyon Road at Cold Springs Lane and 25 mph special zone study on Brea Canyon Road in the vicinity of Heritage Park Community Center. SUMMARY: Pursuant to the City Council's direction of July 19, 1994, a four- way stop control warrant study and a 25 mph special zone study were conducted on Brea Canyon Road at Cold Springs Lane and on Brea Canyon Road in the vicinity of Heritage Park Community Center, respectively. The result of the study showed that a four-way stop control at the subject intersection is warranted. However, establishment of a 25 mph special zone in the vicinity of the Center is not recommended. The Traffic and Transportation Commission reviewed the results of these studies and accepted staff's recommendations. However, the Commission added that to have a total solution of the neighborhood traffic, a comprehensive neighborhood traffic study should be conducted. RECOMMENDATION: That the City Council adopt Resolution No. 94 -XX approving the modification of the existing two-way stop control on Cold Springs Lane at Brea Canyon Road to a four-way stop control at the intersection of Brea Canyon Road and Cold Springs Lane. Further, it is recommended that the Council deny the establishment of a 25 mph special zone on Brea Canyon Road in the vicinity of Heritage Park Community Center based on the results of the study. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinances(s) EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other: Heritage Park Parking Lot Layout SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney? Yes X No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? Traffic and Transportation 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: N/A REVIEWED BY: 8TMV AA"WATt %NSA%* AGENDA NO. MEETING DATE: October 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Four-way stop control on Brea Canyon Road at Cold Springs Lane and 25 MPH special zone study on Brea Canyon Road in the vicinity of Heritage Park Community Center. ISSUE STATEMENT: Feasibility of installing four-way stop control on Brea Canyon Road at Cold Springs Lane and establishing a 25 mph special zone on Brea Canyon Road in the vicinity of Heritage Park Community Center. RECOMMENDATION: That the City Council adopt Resolution No. 94 -XX approving the modification of the existing two-way stop control on Cold Springs Lane at Brea Canyon Road to a four-way stop control at the intersection of Brea Canyon Road and Cold Springs Lane. Further, it is recommended that the Council deny the establishment of a 25 mph special zone on Brea Canyon Road in the vicinity of Heritage Park Community Center based on the results of the study. FINANCIAL SUMMARY: The estimated costs are as follows: 1. Slurry and striping of parking lot: $3,798.57 2. Stop signs and related improvements: $5,000.00 3. Diagonal parking and related improvements: $2,500.00 These improvements can be funded through the City's traffic maintenance account. BACKGROUND/DISCUSSION: At the July 19, 1994 City Council meeting, the Council directed staff to conduct a four-way stop control warrant study on Brea Canyon Road at Cold Springs Lane and determine the feasibility of designating a 25 .MPH special zone on Brea Canyon Road in the vicinity of Heritage Park Community Center. Prior to making determination with regard to installation of diagonal parking or other parking alternatives on Brea Canyon Road, the Council directed the Traffic and Transportation Commission to review and discuss the results of the study and forward their recommendation to the Council. Pursuant to the Council's direction, the Commission reviewed the result of the four-way stop control warrant study on Brea Canyon Road at Cold Springs Lane and a 25 MPH special zone study in the vicinity of Heritage Park Community Center on October 13, 1994. The Commission accepted staff's recommendations of installing a four-way stop control on Brea Canyon Road at Cold Springs Lane and denying the establishment of a 25 mph special zone on Brea Canyon Road in the vicinity of Heritage Park Community Center. Page Two Brea Canyon Road/Cold Springs Lane October 18, 1994 The Commission further added that to have a total solution, a comprehensive neighborhood traffic study should be conducted. The following matters were presented to the Traffic and Transportation Commission: FOUR-WAY STOP CONTROL The intersection of Brea Canyon Road and Cold Springs Lane was analyzed for a four-way stop control based on criteria (traffic volume and accident history) established by CalTrans. According to the study, this intersection is warranted for a four-way stop control at this time. 25 MPH SPEED ZONE With regard to the establishment of a 25 mph special zone on Brea Canyon Road in the vicinity of Heritage Park Community Center, it is not recommended at this time due to the ambiguity of the vehicle code provisions, the potential conflict with existing school zone signing and the additional traffic enforcement problems. California Vehicle Code (CVC) Section 22352 (b) (3) establishes a prima facie 25 mph speed limit when passing a senior center or other facility primarily used by senior citizens. This provision was added to the vehicle code relatively recently and as a result, CalTrans has not published guidelines for it's application. The vehicle code is ambiguous in that "senior center" is not defined. Hence, it is questionable as to whether the senior activities at Heritage Park qualify this location as a "senior center" per the vehicle code. The community senior center at Heritage Park is similar to numerous other neighborhood park locations providing senior facilities and is immediately adjacent to Castle Rock Elementary School property. Staff contacted several cities, Los Angeles County and the Auto Club to ascertain if they have established "senior" speed zones and their definition of "senior center". We were unable to find any agencies that have established such zones. The general opinion of the people contacted was that the intent of the legislation was to apply the 25 mph zone where large senior residential complexes are located such that senior citizens are likely to be on the street most of the day. Our contact with the court disclosed that the judges probably would find that a 25 mph zone is not appropriate at such a location and would dismiss citations. Heritage Park is adjacent to Castle Rock Elementary School. Because of the school, a school zone speed limit of 25 mph is in effect on Brea Canyon Road in front of the park when children are present. Observations indicate that the vast majority of persons using the facility arrive by private vehicles and they experience little, if any, conflict with normal traffic flows on Brea Canyon Road. Additionally, there is not a significant amount of pedestrian activity along Brea Canyon Road other than generated by vehicles parked along the curb. Page Three Brea Canyon Road/Cold Springs Lane October 18, 1994 Posting a special zone for the Heritage Park Community Center would create conflict with existing school zone signing. It would most likely also be ignored by a majority of motorists creating additional traffic enforcement problems. ON-SITE PARKING Currently, there are 36 on-site parking at the Center. Two of the 36 are handicap parking spaces. Pursuant to the Council's direction of July 19, 1994, as part of the need to increase the number of parking spaces for seniors who utilize Heritage Park Community Center, the number of handicap parking spaces are proposed to be increased from two to five. See attached plan. With the new layout, the total number of parking spaces will be increased from 36 to 39. Staff has contacted California Pavement Maintenance Company (CPM) for a cost proposal for the re -slurry and striping of the Heritage Park Community Center parking lot. The lump sum cost is given at $3,798.57. OFF-SITE PARKING At this time, approximately twenty (20) vehicles can parallel park on Brea Canyon Road adjacent to the Center. Angle parking would add approximately ten (10) more spaces on Brea Canyon Road. It is staff's opinion that the additionally desired parking spaces are a matter of convenience rather than needs. As stated previously, staff's main concern is safety and liability issues that will be related to vehicles back -out maneuvers to traffic on Brea Canyon Road. The lack of adequate visibility for the driver during the back -out maneuver is a principal hazard. Although there appears to be sufficient distance for a vehicle to back out of an angle space and not back into traffic, staff believes there is significant potential for there to be such vehicle conflicts. Additional hazard results from the driver who stops suddenly upon seeing a vehicle ahead in the process of backing out. Because empty stalls are difficult to perceive with angle parking, motorists who are seeking a place to park must either proceed slowly (thus tying up traffic) in order to see the empty stall, or slow down abruptly when they come upon an empty space. PREPARED BY: David G. Liu Tseday Aberra WE, THE UNDERSIGNED, BEING RESIDENTS WITHIN 'HERITAGE PARK' SUBDIVISION AND/OR RESIDENTS OF FOUNTAIN SPRINGS ROAD ARE HEREBY LETTING IT BE KNOWN TO THE CITY COUNCIL OF DIAMOND BAR AND THE TRAFFIC AND TRANSPORTATION COMMISSION THAT WE SUPPORT A REQUEST FOR A TRAFFIC STUDY ON FOUNTAIN SPRINGS ROAD THAT WOULD WARRANT MULTI - WAY STOP CONTROLS ON FOUNTAIN SPRINGS AT CASTLEROCK AND SUNBRIGHT STREETS; A TRAFFIC REDUCTION PLAN; A POSTED SPEED LIMIT REDUCTION; ALONG WITH ON GOING ENFORCEMENT. THE UNDERSIGNED ALSO SUPPORTS THE TRAFFIC AND TRANSPORTATION COMMITTEE'S RECOMMENDATION THAT A TRAFFIC STUDY BE PERFORMED ON THE ENTIRE 'HERITAGE PARK' AREA BORDERED BY, BUT NOT INCLUSIVE TO DIAMOND BAR BOULEVARD, BREA CANYON ROAD AND PATHFINDER ROAD FOR AN OVERALL PLAN OF TRAFFIC CONTROL. NAME ADDRESS PHONE �C X17111 r„,,_4. �� -s-- -17 / -1411 s_- 3y0 'e/ �77 z 9,09,T91 06 -7 i L07O:w o', `'es3 WE, THE UNDERSIGNED, BEING RESIDENTS WITHIN 'HERITAGE PARK' SUBDIVISION AND/OR RESIDENTS OF FOUNTAIN SPRINGS ROAD ARE HEREBY LETTING IT BE KNOWN TO THE, CITY COUNCIL OF DIAMOND BAR AND THE TRAFFIC AND TRANSPORTATION COMMISSION THAT WE SUPPORT A REQUEST FOR A TRAFFIC STUDY ON FOUNTAIN SPRINGS ROAD THAT WOULD WARRANT MULTI - WAY STOP CONTROLS ON FOUNTAIN SPRINGS AT CASTLEROCK AND SUNBRIGHT STREETS; A TRAFFIC REDUCTION PLAN; A POSTED SPEED LIMIT REDUCTION; ALONG WITH ON GOING ENFORCEMENT. THE UNDERSIGNED ALSO SUPPORTS THE TRAFFIC AND TRANSPORTATION COMMITTEE'S RECOMMENDATION THAT A TRAFFIC STUDY BE PERFORMED ON THE ENTIRE 'HERITAGE PARK' AREA BORDERED BY, BUT NOT INCLUSIVE TO DIAMOND BAR BOULEVARD, BREA CANYON ROAD AND PATHFINDER ROAD FOR AN OVERALL PLAN OF TRAFFIC CONTROL. NAME ADDRESS PHONE S / 00g -ss yr, , I -AM `De > k5-:3 7/ do r oq - S,,r- ?» (c� ;p W.4: L� Af�� a IFAS CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. f TO: Terrence L. Belanger, City Manager MEETING DATE: October 18, 1994 REPORT DATE: October 13, 1994 FROM: Frank M. Usher, Assistant City Manager Kellee A. Fritzal, Administrative Assistant TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCE 20 (1989) AND 20A (1989) SUMMARY: The City's current Purchasing Ordinance has been revised to provide clarification, and to include new sections which make the Purchasing System more efficient and effective. It was determined that it would be more beneficial if an entirely new Ordinance was prepared, repealing Ordinances 20 and 20A (1989), and establishing a new purchasing system in a different format. The proposed Ordinance has been reviewed by the City Council Finance Sub -Committee, and the Finance Sub - Committee recommends its approval to the City Council. RECOMMENDATION: It is recommended that the City Council approve for first reading, by title only Ordinance No. "An Ordinance of the City Council of the City of Diamond Bar Establishing a Purchasing System and Repealing Ordinances 20 (1989) and 20A (1989)." EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: All Departments are affected REVIEWED BY: Terrence L. Be angefl— Frank M. Usher Kellee A. Fritzal City Manager Assistant City Manager Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCE 20 (1989) AND 20A (1989) RECOMMENDATION: It is recommended that the City Council approve for first reading, by title only Ordinance No. "An Ordinance of the City Council of the City of Diamond Bar Establishing a Purchasing System and Repealing Ordinances 20 (1989) and 20A (1989)." SUMMARY: The City Council adopted Ordinance 20 (1989), which established a purchasing system. The Purchasing Ordinance has been revised to provide clarification, and to include new sections which make the Purchasing System more efficient and effective. It was determined that it would be more beneficial if an entirely new Ordinance was prepared, repealing Ordinances 20 and 20A (1989), and establishing a new purchasing system in a different format. However, a comparison chart has been included, citing the differences between the two Ordinances. The proposed Ordinance has been reviewed by the City Council Finance Sub -Committee, and the Sub -Committee recommends approval to the City Council. FINANCIAL SUMMARY: There will be no fiscal impact through the adoption of this Ordinance. BACKGROUND/DISCUSSION: After incorporation, the City Council adopted Ordinance 20 (1989) the Ordinance set forth policy for the purchase of services, supplies and equipment. In June 1990, the City Council adopted Ordinance 20A (1989) which amended the original ordinance regarding formal bids and added local businesses preference and use of recycled materials/copying. City Staff has been operating under the purchasing system that was established by Ordinance 20 and 20A. However, there were elements that were either not included in the original ordinance or required additional clarification. The expenditures limits that were established under Ordinance 20 and 20A (1989) have not been adjusted. After a survey of twenty-one cities, the current expenditures limits seem to be appropriate. They are: $1,000 or below - No bids required, City Manager authorization $1,000 to $10,000 - Informal bid process (three), City Manager authorization $10,000 and above - Formal bid process, City Council approval ORDINANCE (1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20 (1989),20A (1989) A. Recitals (i) Ordinance 20 (1989) and Ordinance 20A (1989) are hereby repealed in their entirety. (ii) California Government Code Section 54202, et. seq., provides, in pertinent part, as follows: "Every local agency shall adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency. Purchases of supplies and equipment by the local agency shall be in accordance with said duly adopted policies and in accordance with all provisions of law governing same." (iii) The City Council conducted a duly noticed pubic hearing as required by law on the Ordinance and concluded said hearing prior to the adoption of this Ordinance. NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. The Council finds and determines in all respects as set forth in Recitals, Part A herein. Section 2. The following provisions are hereby adopted as the Purchasing Ordinance of the City of Diamond Bar to read, in words and figures, as follows: The new additions to the ordinance include the Cooperative Purchasing Program with the State, County or other governmental agencies and a section with purchasing definitions. All other changes were rewording and clarification with more detailed information or the placement of the information in the Ordinance. The City's purchasing ordinance was developed after reviewing those of several cities (Anaheim, Brea, Fullerton, Pomona, Walnut). Moreland and Associates have reviewed the draft purchasing ordinance and have recommended some minor revisions which have been included. The Finance Sub -Committee reviewed the document at the September 29th and October 13th Sub -Committee meetings. Attachments: Proposed Ordinance Comparison Matrix Spending Limit Survey Ordinance 20 & 20A (1989) PURCHASING ORDINANCE Sections: 3.24.010 Establishment of Purchasing System 3.24.020 Definitions 3.24.030 Centralized Purchasing Division 3.24.040 Purchasing Agent 3.24.050 Exemption from Centralized Purchasing 3.24.060 Requisitions 3.24.070 Use of Purchase Orders 3.24.080 Emergency Purchases 3.24.090 Encumbrance of Funds 3.24.100 Inspection and Testing 3.24.110 Purchases Without Bidding/Open Market 3.24.120 Informal Bid Procedures 3.24.130 Formal Bid Procedures 3.24.140 Sole Source Procurement 3.24.150 Cooperative Purchasing Programs 3.24.160 Local Preference 3.24.170 Use of Recycled Materials 3.24.180 Bidding for Public Works Projects 3.24.190 Contractual Authority 3.24.200 Surplus Personal Property Section 3.24.010. Establishment of a Purchasing Sy, t� - In order to establish efficient procedures for the purchase of supplies, equipment and services: to secure for the City supplies, equipment and services at the lowest cost commensurate with quality needed and with due consideration to usability; to exercise positive financial control over purchases; to clearly define authority for the purchasing functions; to assure the quality of purchases; and to buy without favor or prejudice, a purchasing system is adopted and shall control the procedures for all purchases except as otherwise provided by law. Section 3.24.020 Definitions - As used in this chapter, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: (a) Bidders List shall mean a current file of sources of supply of articles for each category of commodities repetitively purchased for City use. (b) City shall mean the City of Diamond Bar. (c) City Manager shall mean the chief executive officer of the City, appointed by the City Council. The City Manager, or his designee, has the exclusive authority for specific administrative responsibility for this chapter. (d) Department and using department shall mean any of the departments, offices, or other organizational units of the City, and any special agency whose affairs and funds are under the supervision and control of the City Council and for which the City Council is ex -officio the governing body. (e) Local bidder shall mean a firm or individual who regularly maintains a place of business and transacts business in the City. (f) Non-responsive bidder shall mean a bidder or prospective bidder who fails to furnish a responsive bid. (g) Professional services shall mean the services of architects, attorneys, auditors, consultants, engineers, physicians, or other individuals or organizations possessing a high degree of professional, unique, specialized, technical skill or expertise, not adaptable to competitive bidding, or where the service involves a contract for special activities, negotiations and for the acquisition of land, trash services, insurance bonds or any other service of a similar nature to the above engaged for a particular project or series of projects. Contracts that are within formal bidding requirements must be approved by the City Manager and City Council prior to execution. (h) Purchases shall mean purchases of supplies, equipment, services and personal property and shall include leases or rentals of such items as well as transactions by which the City acquires ownership. (i) Purchasing agent shall mean the official designated by the City Manager for enforcement and administration of this ordinance. 0) Responsive bid shall mean an offer, submitted by a bidder, to furnish supplies, materials, equipment, or contractual services in conformity with the specifications, delivery terms and conditions, and other requirements included in the invitation for bids. (k) Services shall mean any and all services, including but not limited to, equipment service contracts. Examples are: special lighting repair services, plumbing, and other such related repair or providing of such service, labor or repair. (l) Supplies, materials, and equipment shall mean any and all articles or things which shall be furnished to or used by any department. Section 3.24 030 Centralized Purchasing Division - There is created a purchasing division within the finance department of the City in which is vested authority for the centralized purchase of supplies, services and equipment. Section 3.24.040 Purchasipg Agent - There is created the position of purchasing agent. The purchasing agent shall be appointed by the City Manager to direct and manage the City's purchasing system. The duties of purchasing agent may be combined with those of any other office or position as specified by the City Manager. The purchasing agent shall have the authority to: (a) Purchase or contract for supplies, services and equipment required by any using department in accordance with purchasing procedures prescribed by this ordinance; such administrative regulations as the purchasing officer shall recommend for the internal management and operation of the purchasing division; and such other rules and regulations as shall be prescribed by the City Council or City Manager. (b) Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment. (c) Act to procure for the City the needed quality and quantity of supplies, services and equipment. (d) Endeavor to obtain as full and open competition as possible on all purchases. (e) Prepare and recommend rules and regulations governing the purchase of supplies, services and equipment for the City. (i) Keep informed of current development in the field of purchasing, prices, market conditions and new products. Recommend purchase of alternative products of a higher quality or lower cost. (g) Prescribe and maintain such forms as reasonably necessary to the operation of this ordinance and other rules and regulations. (h) Supervise the receipt and inspection of all supplies, services and equipment purchased to insure conformance with specifications. (i) Supervise the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. 0) Maintain appropriate records needed for the efficient operation of the purchasing division. (k) Encourage the standardization of similar equipment materials, and services used by the various City departments. (1) Maintain an approved bidder's list, bidders' catalog file and records needed for the efficient operation of the purchasing division. Section 3.24.050 Exemption from Centralized Purchasing- The City Manager may, and where legally required to do so, shall authorize in writing or verbally, any department to purchase or contract for certain specified classes of supplies, materials, equipment, or services, independently of the purchasing agent; but such purchases or contracts shall be made in conformity with the applicable provisions of this ordinance. The City Manager may also rescind such authorization to purchase independently, by written or verbal notice to the department or departments concerned, unless otherwise prohibited by law. This chapter does not apply to contracts to print legal briefs or legal notices, contracts for professional and other services or items which are in their nature unique and not subject to competition or other services for which by law another officer or body is specifically charged with obtaining. 4 Section 3.24.060 Requisitions - All departments shall submit requests to the purchasing agent or his designated representatives) by standard requisition forms for the supplies, materials, equipment, and services as required for their operations and purposes and within the limits of funds appropriated therefor. The purchasing agent will review each requisition and may question its propriety in view of budgetary and other concerns, and may require from the head of the requesting department a justification of the quantity or quality requisitioned. Requisitions shall not be required for purchases costing less than the Petty Cash maximum. rSection 3.24.070 Use of Purchase Orders - Purchase of supplies, services and equipment shall be made by purchase order or City Council approved contract. Except in cases of emergency as defined herein, no officer or employee of the City shall request a supplier to deliver supplies, services and equipment to the City unless a purchase order is issued by the purchasing agent or his designated representative. Purchase orders shall not be required for purchases costing less than the Petty Cash maximum. Section 3.24.080 Emergency Purchases - The purchasing agent may authorize emergency purchases free of all provisions of this article upon showing by any department or officer that the purchase required is for the immediate preservation of health, safety and welfare of the people, repair to existing City equipment which impacts ongoing City operations, or for the protection of property and that there is a present, immediate and existing emergency which could not reasonably be foreseen. A confirming Purchase Order must be completed, after the emergency. Section 3.24.090 Encumbrance of Funds - Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. Section 3,24. 100 Inspection and Testing - The purchasing agent may inspect supplies and equipment delivered and contractual services performed, to determine their conformance with the specifications set forth in the order or contract. The purchasing agent shall have authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries which are necessary to determine compliance with specifications. Section 3.24.110 Purchases without Biddina/_Open Market - Purchases of supplies, services, equipment and the sale of personal property shall be by bid procedures pursuant to this ordinance. Bidding shall not be required when one of the following conditions pertains: (a) The amount involved for purchases of supplies and equipment from a single vendor has a total estimated value of less than one thousand dollars within the fiscal year. (b) Contracts are for personal services, for professional and consultant services, and for other, non-public works projects. (c) An essential or critical need requires that an order be placed with the best available source of supply due to time constraints. (d) If, at the discretion of the purchasing agent, a distinct advantage is clearly in the City's best interest in regard to product uniformity, total cost of acquisition, and/or similar considerations. The City Manager or his designee must approve such purchases that exceed informal bid limits. Section 324.120 Informal Bid Procedures - Purchases of supplies, services and equipment of an estimated value in the amount of between one thousand and ten thousand dollars may be made by the City Manager in the open market pursuant to the procedure prescribed below. (a) Minimum number of bids. Purchases shall be based on at least three bids, and shall be awarded to the lowest responsible bidder, except as provided within this Ordinance. (b) Solicitation of bids. The purchasing agent may solicit and receive quotations by written request to prospective suppliers, or by telephone. (c) Response to Solicitation. If purchase cost is estimated to be five thousand dollars ($5,000)or less, verbal quotation responses may be accepted. If the purchase cost is estimated to be between five thousand one dollars and ten thousand dollars ($5,001 to $10,000) written quotation responses should be obtained. (d) Record of quotations The purchasing agent shall keep a record of all open market procurement and quotations for a period of three years after audit of the fiscal year in which the purchase was made. This record, while so kept, shall be open to public inspections. Section 3.24.130 Formal Bid Procedures - Except as otherwise provided herein, purchases or supplies, services and equipment of an estimated value greater than ten thousand dollars, shall be by written bid with City Council approval prior to award to the lowest responsible bidder, pursuant to the procedure prescribed herein. (a) Notice inviting bids. Notices inviting bids shall include a general description of the supplies, service or equipment to be purchased, shall state where bid forms and specifications may be secured, and the time and place for opening bids. 1. Published notice. Notice inviting bids shall be published at least ten days before the date of the opening of the bids. Notice shall be published at least once in a newspaper of general circulation, published in the area of the City. 2. Bidders' list. The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list or who have requested their names to be added thereto. The purchasing agent shall take appropriate affirmative actions to notify and encourage City -located businesses to submit their respective firm's names, addresses, telephone numbers; and their products and/or services in which they transact business. (b) Bidder's security. When deemed necessary by the purchasing officer, bidders' security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless G the City is responsible for the delay. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The City Council may reject all bids and re -advertise. (c) Bid opening procedure. Sealed bids shall be submitted to the City Clerk and shall be identified as "bids" on the envelope. The City Clerk, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening. (d) Rejection of bids At its discretion, the City Council may reject any and all bids and re -advertise for bids. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize rejection of all bids and authorize re -bidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein. (e) Award of bids. Bids shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided herein: (f) Tie Bids. If two or more bids received are the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay of re -advertising for bids, the City Council may accept the one it chooses or accept the lowest bid made by negotiation with tie bidders at the time of the bid opening. Section 3 24.140 Sole Source Procurement- In which situations that a procurement of any product is obtainable only from a single or sole source, and not adaptable to competitive bidding, the purchasing agent, upon approval of the City Manager, shall negotiate with the purveyor of such equipment, product supply or service, so that the City receives the desired equipment, product, supply or service, on fair and equitable terms, without observing the purchasing ordinance. Section 3 24 150 Coogerative Purchasing Proara_ms - Purchases of supplies, services and equipment made under a cooperative purchasing program, utilizing purchasing agreements maintained by the county, state, or other public agencies, are exempted from the requirements of this Ordinance. California Public Contract Code Section 10324 authorizes the Department of General Services to make purchases of supplies, equipment or materials on behalf of cities in those instances when the purchases can be made by the Department of General Services upon the same terms, conditions and specifications, at a purchase price lower than that which the City can obtain through its normal purchasing procedures. In those instances where it is determined that purchasing through the Department of General Services will result in savings to the City, the City is authorized to make such purchases. Section 3 24 160 Local Preference - In order to promote the economic health of the City and to encourage local participation in the procurement process, the City, in determining, the 7 lowest responsible bidder, may take into consideration the sales tax (one percent) which would be returned to the City. Section 3.24.170.Use of Recycled Materials - The City of Diamond Bar encourages the use of recycled paper and materials in response to all bids for supplies and services. Wherever possible, preference will be given to those vendors of, supplies and services to the City who utilize recycled materials, including recycled paper products. Section 3.24.180 Bidding for Public Works Projects - Public works projects, as defined in the California Public Contract Code Section 20161 or subsequent amendments thereof, shall be bid, advertised and awarded in accordance with applicable sections of the California Public Contract Code. Section 3.24.190 Contractual Authority - The City Manager is authorized to enter into contracts where the amount of the contract does not exceed ten thousand dollars; provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged. In the case of Professional Services, where there does not exist an unencumbered appropriation in the fund account against which said expense is to be charged, the City Manager's expense authorization shall not exceed five thousand dollars ($5,000). Contracts over ten thousand dollars must be approved by the City Council. Section 3.24.200 Surplus Personal Property - The City Manager is authorized to determine whether any item of City -owned personal property is surplus to the present or future needs of the City. He may designate the purchasing agent to fulfill this function. The City Manager may require periodic reports showing all City personal property which is no longer used or has become obsolete. (a) Items declared to be surplus shall be offered for We on a competitive -bid basis. Bids may be solicited by written requests, telephone, public notice posted on City property, by advertisements in any newspaper or magazine, or by any combination of such methods. (b) The City Manager or his designee is authorized to sell to the highest bidder. Sale of any item or items with an estimated value in excess one thousand dollars shall be sold to the highest bidder, in accordance with the formal bid procedures, or any other means provided herein, with the approval of the City Manager. (c) When, after a reasonable effort has been made to obtain bids, no bids have been obtained for any item of City -owned personal property declared to be surplus, the City Manager or his designee is authorized to dispose of such items for the highest scrap value that can be obtained therefore, and if a reasonable effort to do so brings no opportunity to sell the same for scrap, he may cause its destruction or any other disposition thereof. (d) The purchasing agent shall have authority to exchange for or trade in, on new supplies and equipment, all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. 8 ection 3 _ The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this day of , 1994. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1994 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar 0 COMPARISON OF THE PROPOSED PURCHASING ORDINANCE WITH PURCHASE ORDINANCE 20 and 20A (1989) ISSUE PROPOSED ORDINANCE ORDINANCE 20 AND 20A (1989) Repealing existing system Recitals A (i) - Repeals Ord Sec 1 - Repeals LA County 20 & 20A (1989) Code Adoption of Purchasing Sec. 3.24.010 Establishment Sec 2- Did not include System of System - reworded, services, only additions. supplies/equipment. Scope of Ordinance Discussed in Recitals and PW Sec 3 - Applies to purchases bidding in Sec 3.24. 180 of supplies, equip., services, not PW bidding. Centralized Purchasing Sec. 3.24.030 Creates a Sec. 4 Creates a centralized Division centralized purchasing purchasing division. division in Finance. Definitions Sec 3.24.020 lists 11 Not included. definitions used in purchasing. Purchasing Agent Sec. 3.24.040 Creates a Sec. 5 Creates a Purchasing Purchasing Agent, lists 12 Agent, lists 11 duties, duties. 2 new additions, including revisions to record keeping, standard- regulations. ization of equip. Purchasing Regulations Specified by Ordinance Section 6, Purchasing Agent determines purchasing procedures in Sec. 7 - 13. Exemptions from Centralized Sec. 3.24.050 Authority for Section 7 - CM may authorize Purchasing Dept, with CM approval, to dept. to purchase items w/o purchase supplies w/o purchasing agent. Purchase Agent. Also legal briefs/notices not included in Purchasing requirements. Estimates of Requirements Specified by Ordinance Sec. 8 Depts. file estimates of requirements. Requisitions Sec 3.24.060 - submit Sec 9 - Submit requests for requests for supplies on form. supplies on forms. Provides for Purchasing Agent being able to request justification for purchase. Purchase Orders Sec 3.24.070 - PO's need to Sec 10 - Purchase of supplies be issued. Area Expanded. or equip. shall be by P.O.s Emergency Purchases Sec 3.24.080 Health, safety Sec. 30 - Exceptions to can issue PO's w/o following Competitive Bidding Purchasing Ord. Encumbrance of Funds Sec 3.24.090 Purchasing Sec 11 - same. Agent cannot issue PO's unless there is an unencumbered appropriation in budget. Inspection and Testing Sec 3.24. 100 No change. Sec 12 - Same Purchases without Sec 3.24.110 - $1,000 or less Sec 26 Open Market and Bidding/Open Market can purchase w/o bidding. Informal Bids are combined, Contracts for supplies, $10,000 limit for CM services, equipment, personal, approval for Prof. Svcs, etc. prof or consultant service do For purchases below $1,000 not require bidding. Can use no bids required. open market when critical need arises, or Purchasing Agent determines its the City's best interest. Same as former Ordinance. Informal Bid Procedures Sec 3.24.120 - Purchases Sec 26, 27, 28, 29 -Purchases between $1,000 - $10,000, between $1,000 and $10,000, need 3 bids, verbal or written 3 bids, written or verbal, and and record bids. No amount keep records. changes. Formal Bid Procedures Sec 3.24.130 - Limits are the Sec 14, 15, 16, 17, 18, 19, same, (excess of $10,000) 20, 21, 22,23, 24 (a) and (b), procedures listed in one 25 - Includes use of recycled section. Area reworded. material in this section (20A Does not include "No formal (1989) bids" section. Bidding Set forth by Ordinance Sec 13 What bid procedures are required. Sole Source Procurement Sec 3.24.140 Gives authority Sec. 30 - Exceptions to to purchase from sole source Competitive Bidding w/o 3 bids. When requirements are met. Cooperative Purchasing Sec 3.24.150 - Allows for Not listed. Program cooperative purchasing with State, County or another governmental agency. Local Preference Sec 3.24.160 Local Sec 24(A) - Gives 1% preference of sales tax preference to local businesses. percentage (1%) should be extended. Use of Recycled Materials Sec 3.24.170 Encourages use Sec 24(B) Encourages use of of recycled materials, recycled paper and copying whenever possible. Does not materials "front to back". include copying material front to back. Surplus Personal Property Sec 3.24.190 Authorizes CM Sec 32, 33, 34 Determines to determine surplus and how surplus, trade-ins and sale. to dispose of surplus items. Exceptions to Competitive Included in Sections 3.24.080 Sec 30 Exemptions in bidding Bidding (Emergency Purchases), process, under $1,000, sole 3.24.110 (Open Market), source, emergency, and 3.24.140 (Sole Source). included CM $10,000 limit. Contractual Authority City Manager - $10,000 Listed in Section 26 authority for contracts Regulations Regarding Policies and procedures are Sec 31 Authorized City Selection of Contract provided by this Ordinance Council to adopt policy and Services procedures for solicitation, selection and award of proposals. PURCHASING ORDINANCE Spending Limits City Manager's Informal Formal CITY Authority Bid Amount Bid Comments Anaheim $20,000 $5,000 to $20,000 $20,000 Brea $50,000 $1,500 to $10,000 $10,000 Bradbury $1,000 $1,000 $5,000 Chino Hills $10,000 $1,000 to $10,000 $10,000 Would like to increase Claremont $20,000 $1,000 $5,000 Covina $7,500 $7,500 $7,500 Dana Point $5,000 $1,000 to $10,000 $10,000 Industry $35,000 $1,000 $10,000 La Canada Flintridge $5,000 $5,000 $5,000 La Quinta if specifically budgeted, no Limit $1,000 - $5,000 $5,000 If budgeted item, CM can sign Laguna Niguel $10,000 $500 -$10,000 $10,000 Lake Forest $10,000 $10,000 $10,000 Lakewood $10,000 $1,000 - $9,990 $10,000 Working on increasing limits Mission Viejo $10,000 $1,000 - $10,000 $10,000 Pomona $10,000 $10,000 $10,000 Rancho Cucamonga $20,000 $1,000 - $20,000 $20,000 Rancho Palos Verdes $5,000 $5,000 $5,000 Rolling Hills $10,000 $1,000 - $10,000 $10,000 San Dimas $10,000 $5,000 $10,000 Walnut $5,000 to $25,00 $300 - $15,000 $15,000 Upto $5,000 for Supplies Up to $25,000 for Prof. Sv Yorba Linda $5,000 $5,000 No max. to go to Council AVE 3 - 1 39 IMEDIAN $10.0001 M 10=1 $1.000 1 110,iml- Diamond Bar $10,0001 1,0 to 1 $10,0001 W ORDINANCE NO. 20 (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAB ESTABLISHING A PURCHASING SYSTE39. The City Council of the City of Diamond Bar does ordain as follows: Section 1. Chapter 2.104 of Title 2 of the Los Angeles County Code, as heretofore adopted by the City Council of the City of Diamond Bar, hereby is repealed. section ;. Adoption 91 Purchasing system. In order to establish efficient procedures for the purchase of supplies and equipment at the lowest possible cost commensurate with quality needs, to exercise positive financial control over purchases, to clearly define authority for the purchasing function,'and to assure the quality of purchases, a purchasing system is adopted. Section 1. scone 21 ordinance. The procedures established by this ordinance shall apply only to the purchase of supplies, equipment and services, and shall not apply to public projects as defined in Section 20161 of the California Public Contracts Code. Section 1. Centralised Purchasing Division. There is created a centralized purchasing division in which is vested authority for the purchase of supplies and equipment. section �. Purchasing Adm,. There is created the position of purchasing agent, who may alto be known as the purchasing officer. The purchasinq.agedt shall be the head and have general supervision of the purchasinq division. The duties of purchasing agent may be combined with those of any other office or position as specified by the City Manager. The purchasing agent shall have the authority to: (a) Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this Ordinance, such administrative regulations as the purchasing agent shall adopt for the internal management and operation of the purchasing division and such other rules and regulations as shall be prescribed by the City Council or the City Manager; (b) Negotiate and recommend execution of contracts for the purchase of supplies and equipment; Eq Section 1. ReQuisitions. Usinq departments shall submit requests for supplies and equipment to the purchasing aqent by standard requisition form, or by other means as may be established by the purchasinq rules and regulations. section }R. purchase order:. Purchase of supplies and equipment shall be made only by purchase orders. Except as otherwise provided herein, no purchase order shall be issued unless the prior approval of the purchasinq agent or his designated representative has been obtained. Section 11. Lncuabrance gI Funds* Except in cases of emergency; the purchasinq agent shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. section 11. Inspection lad Tes_ ting. The purchasing agent shall, in his or her discretion, inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasinq agent shall have authority to require.chemical and physical tests of samples'submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. section 11. BJAfiJjW. Purchases of supplies and equipment shall be by bid procedures pursuant to Section 14 through 29. Biddinq may be dispensed with only under conditions stated in Section 30. Section JA. L21iU f8ea_le1t_ 112� procedures. Except as otherwise provided, herein, purchases of supplies and equipment of an estimated value greater than Ten Thousand Dollars ($10,000.00) shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure hereinafter prescribed. Section. Notice Inv_ L4,M1 Al". Notices inviting formal bids shall include a general description of the article or service desired, shall state where bid documents and specifications may secured, and the time and place for opening bids. Section 11. published Notice L4IQ=. Notices invitinq formal bids shall be published at least ten days prior to the date of openinq of the bids. Notices shall be published at least once for non-public projects and at least twice, not less than five days apart for public projects, in a newspaper regularly circulated in the City. 3 rejection of all bids and authorize rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein. Section 11. Award 2.0 $qM&" Bl". Except as otherwise provided herein, formal bid contracts shall be otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest responsible bidder. The determination of "lowest responsible bidder" shall be at the discretion of the City Council pursuant to findings and recommendations presented by the purchasing agent at the time of award of contract. $ictioa 2,. V& Zsjmil BLU. If two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertisinq forbids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract. section 11. N2 SSI &L4p,. When no formal bids or no responsive bids are received, the purchasinq officer is authorized to negotiate for written proposals, and his -or her recommendation shall be -presented to the City Manager -and the award, if any, shall be made in accordance with applicable provisions prescribed herein. section 21. gZU laRj" QL IAL2nj" WA Procedure. Purchases of supplies and equipment or an estimated value in the amount of Ten Thousand Dollars ($10,000:00) or -loss may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Section 27 throuq 29 and without observing the procedure prescribed in Sedtions 14 through 25: provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than One Thousand Dollars ($1,000.00). Section ZZ. KLMUM ffiMM&M a lag=" $3"• Open market purchases shall, wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantageous bid to the City after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors. Section 3!,• Notice TnTiting I&CgIMI AUR. The purchasing agent shall solicit informal bids by written requests to prospective vendors, or by telephone, or by public notice posted on a public bulletin board at the City offices. a 5 regulations shall have as one purpose the obtaining of contractual services of the highest quality together with cost- effectiveness. secs U. BRIM gu0214 M3II EQui t. All using departments shall submit to the purchasing agent, at such times and in such forms as he or she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete and worn out. section U. AMSMIMsuoolies Trade-ins. The purchasinq-agent shall have authority to exchange for or trade in on now supplies and equipment all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. nection 21. &US91jd IMV,5. .The purchasing agent'shall have authority, subject to approval of the City Manager, to dispose of surplus supplies or equipment by auction or by sale or otherwise after receiving bids or proposals which, in his or her judgment, provide the maximum return to the City. sec= The City Clark shall certify to the adoption of this asdrequiredaby ResolutiontNo.e89ted shall -6 1989. ADOPTED AND APPROVED this 'St day of August , Mayor I, LSNDA BURGESS, City Clerk of the City of Diamond Har, do hereby certify that the foregoing Ordinance was introduced at a regular. meeting of the City Council of the City of Diamond Bar held on the Ath day of Jul , 1989, and was finally passed at a7-r-e-ijular meeting of the City Council of the City of Diamond Bar held on the 1st day of August 1989, by the following vote: 7 AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBERS: Papen, Kim, Horcher, COUNCIL MEMBERS: Mayor Pro Tem Forbinq and None Mayor Werner COUNCIL MEMBERS: None COUNCIL MEMBERS:.. None -ATTEST: LYN Of Cityurgsn, Di7cCgat rsk !(1101:103wics 4.3 3 Interoffice MEMORANDUM To: Honorable Mayor and Members of the City Council From: Terrence L. Belanger, City Manager 11\ Troy L. Butzlaff, Assistant to the City Manager'?' Re: Purchase of Voicemail System for City Offices Date: October 14, 1994 BACKGROUND: At the last City Council meeting, staff was directed to prepare a report on the recent acquisition of voicemail for the City Offices. ISSUE: What was the process by which the Norstar Automated Attendant/Voicemail System (Northern Telecom) was procured? PURCHASING ORDINANCE RULE: The City Council has heretofore adopted Ordinance 20 (1989),estabfshing a purchasing system for the City of Diamond Bar. The purpose of this policy was to establish procedures that clearly define the authority for the purchasing function in procuring supplies and equipment, as well as to insure that the lowest possible cost, commensurate with quality needs, was obtained in making purchases. Section 27 of Ordinance 20 (1989) provides that, "Open market purchases shall, wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantage bid to the City after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors," such as reliability and warranty. Section 26 of Ordinance 20 (1989) provides that, "Purchases of supplies and equipment or an estimated value in the amount of Ten Thousand Dollars ($10,000.00) or less may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Section 27 through 29 and without observing the procedure prescribed in Sections 14 through 25..." Memorandum to Honorable Mayor and Members of the City Council October 14, 1994 Page Two Section 28 of Ordinance 20 (1989) states that, "The purchasing agent shall solicit informal bids by written requests to prospective vendors, or by telephone, or by public notice posted on a public bulletin board at the City offices." Based on the three sections stated above, staff contends that proper purchasing procedures were followed and that there was ample justification (e.g., service, reliability, compatibility, warranty integrity, etc.) to purchase the voicemail system from GTEL. DISCUSSION: The City currently rents its telephony system from GTEL. This system consists of a Norstar Meridian Digital Key Service Unit (KSU), which serves as the City's on-site telephone switch, and approximately 25 telephone handsets. All equipment is manufactured by Northern Telecom, an internationally recognized leader in digital telecommunications technology. As part of the City's Fiscal Year 1994-95 Budget the City Council approved the expenditure of $10,000 for the purchase of a voicemail system. In determining the type of voicemail system that the City should utilize, a variety of factors were considered. Primary consideration was given to reliability, compatibility/standardization, durability, warranty integrity, vertically integrated servicing, and ease of operation (user friendliness). Although there are a myriad of voicemail system available, the only system able to provide reliability, compatibility/standardization, warranty integrity with existing equipment, vertical service integration, and ease of operation was the Norstar StarTalk. Auto Attendant/Voicemail System manufactured by Northern Telecom. As indicated, other systems are available, but according to the manufacturer and other public agencies that use Northern Telecom equipment, third party voicemail systems are not fully compatible, as claimed, with the Norstar system and some systems require expensive analog adapters in order to be interfaced to the Meridian KSU. For example, the County of Orange utilizes the Norstar Meridian telephone system but purchased a third party voicemail system. According to County staff, the third party voicemail system has caused numerous problems including loss of functionality with their phone system, unexpected compatibility problems, and difficulties with service integration. In comparison, several cities and public agencies that have the Norstar telephone system and who have also purchased the StarTalk Auto Attendant/Voicemail system have experienced few problems and are very satisfied with this system. Included in this list are: the cities of Chino Hills, Indio, and Yucaipa; and the South Coast Air Quality Management District, Mountain Meadows Golf Course, and the United States Army Corps of Engineers. Memorandum to Honorable Mayor and Members of the City Council October 14, 1994 Page Three Northern Telecom has seven (7) authorized distributors of the Norstar system serving Southern California. Only three of these distributor are actually located in Southern California, the rest are located in other states. Two of the three distributors located in Southern California are also interconnect services providers. These distributors are GTEL and PACTEL It should be noted that the City of Diamond Bar is located in the GTE service area and receives interconnect (i.e., telephone) services through them. GTEL is part of the GTE corporate family and provides equipment and services. As a result of this interrelationship and on the basis of quality, service, durability, standardization, and warranty integrity, GTEUGTE was determined to be the most appropriate vendor/service provider for the Norstar StarTalk system. With this in mind, the City asked GTEL to provide a proposal for the Norstar StarTalk system. GTEL's proposal for the equipment, installation, and a 24 -month factory warranty was $9,778.90. This included a $2,000.00 rebate from Northern Telecom which made the City's net purchase price $7,778.90. Subsequent to the presentation of the warrant for payment of the voicemail system, and after the City Council had requested additional information, staff received a quote from PACTEL Meridian for the same voicemail system. Compared to GTEL's proposal, PACTEL's cost for the equipment, installation, and a 12 -month factory warranty was $12,325.34. Although, the same $2,000 rebate from Northern Telecom would have been provided, GTEL's proposal was still $2,546.00 less expensive than PACTEL's proposal. Besides being the most cost-effective, staff is confident that the relationship between GTEL and GTE will help minimize the potential of "finger -pointing" that could exist with another service provider. Therefore, based on all qualitative and quantitative factors considered, staff believes that the purchase of the voicemail system was accomplished in accordance to the City's purchasing policies and that the price that was obtained was the lowest most responsive price available. RECOMMENDATION: It is recommended that the City Council approve the purchase of the Norstar StarTalk Voicemail System from GTEL and authorize payment to GTE in the amount of $9,778.90. I hope that this memorandum addresses the concerns that have been raised. Should you have any questions or need further clarification regarding this matter, please contact either Troy Butzlaff, Assistant to the City Manager, or me at your earliest convenience. INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager q RE: Request For Proposals - Annual Independent Financial Audit Service and Quarterly Compliance Audits, For Fiscal Years 1994-95, 1995-96 and 1996-97 DATE: October 18, 1994 ISSUE: Shall the City solicit proposals for annual independent financial audit services and quarterly procurement and cash disbursement compliance audits, for Fisacal Years 1994-95, 1995-96 and 1996-97; through a Request For Proposal process. RECOMMENDATION: It is recommmended that the City Council of the City of Diamond Bar solicit proposals, through a Request For Proposal process, for annual independent financial audit service and quarterly procurement and cash disbursement audits, for Fiscal Years 1994-95, 1995-96 and 1996-97. DISCUSSION: The firm of Thomas, Bigbie and Smith, and it's predecessor firm Thomas, Byrne & Smith, has provided annual independent financial audits for the five full fiscal years, since the City of Diamond Bar incorporated (FY'1989-90 through FY 1993-94). As is the practice in many California municipalities, the changing of auditing firms every three to five years is undertaken as way to assure continuing independence, regarding the auditing of a municipality's financial systems. While the City's current auditing firm has provided quality service, it is appropriate for the City to commence the process of solicitation of qualified firms to propose for a three year engagement, with two optional years at the City's election, for annual independent financial audit services and quarterly compliance audits. The quarterly compliance audits would be of procurement and cash disbursement policies, procedures and practices, in order to monitor the City's procurement and cash disbursement systems, as well as, all revisions and improvements thereto. W � October 18, 1994 21660 EAST COPLEY DRIVE - SUITE 100 DIAMOND BAR. CA 917654177 909-860-2489 - FAX 909-861-3117 REQUEST FOR PROPOSAL FOR ANNUAL INDEPENDENT AUDIT SERVICE AND QUARTERLY COMPLIANCE AUDITS FOR FISCAL YEARS 1994 -1995 THROUGH 1996 -1997 The City of Diamond Bar invites proposals from qualified firms of certified public accountants to perform its Annual Independent Audit for the fiscal years ending June 30, 1994 through June 30, 1996 with the option to extend the engagement for a fourth and fifth year and quarterly compliance audits of procurement and cash disbursements. Detailed specifications explaining the scope of work are attached for your information. Ten (10) copies of the proposal must be submitted to the City Clerk, City of Diamond Bar, 21660 E. Copley Dr. Ste. 100, Diamond Bar, CA 91765, no later than 5:00 PM, Friday, November 18, 1994. Fee information should be enclosed in a separate envelope. LATE PROPOSALS WILL NOT BE ACCEPTED Each proposal shall specify completely each and every item as set forth in these specifications. Any and all exceptions to the original specifications must be clearly stated in the proposal and the failure to set forth any exception shall be grounds for rejection of the proposal. The City of Diamond Bar reserves the right to reject any and all proposals and to waive any informalities in any proposal and select the proposal that best meets the City's needs. Sincerely, Terrence L. Belanger City Manager Gary H. Wemer Clair W. Harmony Eileen R. Ansari Gary G. Miller Phyllis E. Papen Mayor Mayor Pro Tem Councilmember Councilmember Councilmember RECYCLED PAPER CITY OF DIAMOND BAR REQUEST FOR PROPOSAL FOR AUDIT SERVICES AND QUARTERLY COMPLIANCE REVIEWS A. INTRODUCTION The City of Diamond Bar is requesting proposals from qualified firms of certified public accountants for audit services for the fiscal years ending June 30, 1994 through June 30, 1996, with the option of extending the engagement for an additional two years and quarterly compliance audits of procurement and cash disbursements. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards (1988), the provisions of the federal Single Audit Act of 1984 and the U.S. Office of Management and Budget (OMB) Circular A-128, Audits of State and Local Governments. Proposals will be accepted from parties that: Are free of all obligations and interests that might conflict with the best interest of the City of Diamond Bar. 2. Have the capacity to provide the services on a timely basis. The audit engagement must be completed and opinion issued by no later than- November 1, 1995 and each year thereafter for each year renewed. The City of Diamond Bar will not be liable for any costs incurred in preparing proposals or associated travel costs. The proposer shall furnish the City with such additional information as the City may reasonably require. The City reserves the right to conduct pre -contract negotiations with any or all potential proposers. The proposals will be analyzed by City staff. The contract will be awarded by the City Council. The contract will begin upon award. B. SCOPE OF AUDIT The City of Diamond Bar desires the auditor to express an opinion on the fair presentation of its combining and individual fund and account group financial statements and schedules in conformity with generally accepted accounting principles. The audit will include all the funds of the City and related fixed asset and general long- term debt account groups. The City of Diamond Bar does not currently participate in the CSMFO and GFOA Financial Reporting Award programs, but is anticipating doing so in the future. At such time, the auditor shall assist in finalizing the City's CAFR by conducting a review of all schedules, notes, etc. and shall include an opinion in that report regarding the City's financial statements and supplemental financial schedules. The audit opinion must cover the Combined Statements - Overview and must state acceptance of at least "in relation to" supplementary data responsibility for the combining and individual fund statements. The City of Diamond Bar also complies with the OMB (Office of Management and Budget) Circular A-128, Audit of State of Local Governments, which requires an audit be made by an independent auditor in accordance with generally accepted government auditing standards covering financial and compliance audits. The audit must cover the entire operations of the City and must determine whether: (1) the financial statements present fairly its financial operations in accordance with GAAP, (2) the organization has internal accounting and other control systems to provide reasonable assurance that it is managing Federal financial assistance programs in compliance with applicable laws and regulations and (3) the organization has complied with laws and regulations that may have material effect on its financial statements and on each major Federal Assistance program. To satisfy this requirement, a supplemental report shall be prepared to include a statement that the audit was made in accordance with the provision of Circular A-128 and will be made up of: (1) the auditor's report on financial statements and on a schedule of Federal assistance, the financial statements and a schedule of Federal assistance showing the total expenditure for each Federal assistance program as identified in the Catalog of Federal Domestic Assistance, (2) the auditor's report on the study and evaluation of internal control systems and (3) the auditor's report on compliance. This report shall be completed no later than December 1, 1995 and each year thereafter for each year renewed. The proposal shall include the review of internal control and compliance to existing procedures. Because of time constraints, these reviews can be completed over the term of the contract. Quoted fees should be inclusive of these reviews and be included within section 7a under Audit field. These projects are to be scheduled so that they are completed over the term of the contract. The proposal shall include the cost of reviewing and preparing quarterly compliance reports concerning the City's procurement and cash disbursements. The audit should include the reveiw of procurement policies and procedures and the City's compliance with the stated policies. 2 Management is not aware of any unusual circumstances warranting an extended scope beyond that called for above. However, if in due course of the examination, evidence of such circumstances appear, you shall agree to provide the City with all ascertainable facts relative to such circumstances together with an estimate of additional services required and the additional cost thereof in order that proper contract modifications may be completed before you commence with such extended examination. C. AUDITING STANDARDS The examination shall be made in accordance with generally accepted auditing standards as adopted by the membership of the AICPA (American Institute of Certified Public Accountants) and with the Single Audit Act of 1984, in accordance with O.M.B. Circular A-128. D. INTERNAL AUDIT The accounting staff is the minimum required to maintain routine accounting duties during this extremely busy time of year but will be made available to assist in pulling accounts payable vouchers, paid checks, etc. The auditors will coordinate their services with the Accounting Manager and will endeavor to accomplish the audit on a phased basis throughout the year to reduce the year-end work load on the City's staff. E. DELIVERABLES The independent auditing firm shall type and have printed twenty (20)copies of the final financial statements to the City of Diamond Bar on or before November 1 of each year. F. INFORMATION REQUESTED FROM THE PROPOSER To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized in the manner specified below: 1. Title Page Show the RFP subject, the name of the proposer firm, local address, telephone number, name of contact person and date. 2. Table of Contents Clearly identify the material by section and page number. 3. Letter of Transmittal (limit of one or two pages) a. Briefly state the proposer's understanding of the work to be done and make a positive commitment to perform the work within the time period. 3 b. Give the names of the persons who will be authorized to make representations for the proposer, their titles, addresses and telephone numbers. 4. Profiles of the Proposer a. State whether the firm is national or international b. Give the location of the office from which the work is to be done and the number of partners, managers, supervisors, seniors and other professional staff employed at the office. C. Describe the range of activities performed by the local office such as: audit, accounting, tax service or management services. d. Describe the local office's computer capability. e. Describe the firm's participation in the "peer review" program. Provide the date and extent of the local office's last participation. 5. Summary of Proposer's Qualifications (in addition to minimum qualifications). a. Identify the partners, seniors, managers and supervisors who will work on the audit, including staff from other than the local office. Include the resumes for each supervisory person to be assigned to the audit. The resumes may be included as an appendix. b. Describe recent auditing experience similar to the type of audit requested. Specifically, address experience related to the audit of: Municipalities complying with OMB Circular A-128. 2. Federal and State Grant programs. 3. Describe the engagement team experience and capabilities to assist government bond reporting requirements. 4. Describe the professional activities of your firm or of the staff members who support your commitment to governmental accounting. 5. Describe any regulatory action taken against your firm or local office. 4 6. Give names, addresses and telephone numbers of five current and former municipal audit clients served by your local office within the past five years. Include the type of services performed, dates and length of service for each. 6. SCOPE SECTION a. Clearly describe the scope of the required services to be provided. In addition to services included for the examination, specific reference must be made to the requirements of OMB Circular A-128. b. The auditors shall familiarize themselves with and comply with the provision of any and all federal, state and county orders, statutes, ordinances, charters, bond covenants, administrative code and orders, rules and regulations that pertain to the work required in the engagement. 7. AUDIT FEES The City requests that a statement of maximum cost be made for the annual audit as set for the audit scope. All other expenses, including typing, clerical and printing costs, should be included in the total audit fee. Unusually high or low fees may affect ratings. The proposal must be on a fixed fee basis inclusive of all expenses and allocated as follows: a. City of Diamond Bar b. Single Audit C. Quarterly Review Percent Modification for Fourth Year, if Extended Percent Modification for Fifth Year, if Extended Include a schedule of hourly charges for principals and staff to be used as a basis for audit costs that are extra ordinary to the scope of the proposal. The audit fee schedule must be submitted in a seperate envelope. 5 F. EVALUATION OF PROPOSALS Proposals will be evaluated by the Audit Proposal Committee to ascertain which proposer best meets the need of the City. Factors to be considered are: The proposal's responsiveness in clearly stating the understanding of the work to be performed. 2. The firms' technical support. 3. The audit team's experience and professional activities and independence. 4. The firm's size and structure. 5. The anticipated support requirements of City staff showing personnel class and hours expected. 6. Although a significant factor, the audit fee may not be the dominant factor. Cost will be a particularly important factor when all other evaluating criteria are relatively equal. All proposals will be evaluated by first using the criteria of factors 1 through 5. After the top candidates have been selected using this criteria, a final decision will be made based upon the audit fee proposals. Oral interviews may be arranged anytime during the selection process to assist in making the final decision. The City reserves the right to select a firm on any combination of price, experience in auditing governmental agencies, references and other features that are deemed to be in the best interests of the City. All factors will be considered in the selection process. G. ADDITIONAL INFORMATION AND CONTACT 1. The submission of a proposal shall be prima face evidence that the proposer has full knowledge of the scope, nature, quantity and quality of work to be performed. 2. The City will not be liable for any costs not included in the proposal and subsequent contracted -for costs. 0 3. The City reserves the right to conduct personal interviews of any or all proposers prior to selection. 4. The City reserve the right to reject any and all proposals, the right in its sole discretion to accept the proposal it considers most favorable to the City's interest and the right to waive minor irregularities in the procedures. 5. The contracting firm shall make itself available to the City Council and management to answer questions related to audit findings. 6. Compensation for the conduct of audit service will be paid upon submission of progress billings and of a final billing, along with the required reports. 7. The successful proposer will be required to sign the standard City Professional Services Agreement, including meeting the City's minimum insurance requirements. 8. City staff requests that, once proposals have been submitted, no unsolicited contact and/or discussions concerning these proposals be made prior to the evaluation of all proposals. 10. The total audit staffing should be at a level sufficient to complete the audit in the time scheduled and specified in the RFP. In addition, the audit staff should remain constant through each year's audit process. At least one staff member from the prior year's audit is to be a member of the subsequent year's audit team. The contact person for additional information and requests will be: Linda Magnuson Accounting Manager City of Diamond Bar 21660 E. Copley Dr., Ste 100 Diamond Bar, CA 91765 (909) 396-5685 Only proposals received in the City of Diamond Bar, 21660 E. Copley Drive, Ste 100, Diamond Bar, CA 91765 by 5:00 p.m. bid opening date will be considered. 7 MTV 6r nTx"6"n nxn AGENDA REPORT AGENDA NO. `I -,_ TO: Terrence L. Belanger, City Manager MEETING DATE: October 18, 1994 REPORT DATE: October 12, 1994 FROM: David G. Liu, Senior Engineer TITLE: Award of Contracts for Professional Plan Checking and Public Works Inspection Services. SUMMARY: On September 15, 1994, the Department of Public Works requested proposals from experienced, qualified engineering firms to provide plan checking and public works inspection services for the City of Diamond Bar, on an as -needed basis for a period of two (2) years, effective October 19, 1994. On September 26, 1994, the City received four (4) proposals from: Bryan Stirrat & Associates, Charles Abbott & Associates, Inc., Hall & Foreman, Inc. and Ron Kranzer & Associates Civil Engineers, Inc. Staff has reviewed all. four (4) proposals and recommend to the Council that the City retain all four (4) firms to provide plan checking and public works inspection services, on an as -needed basis. RECOMMENDATION: That the City Council retain Bryan Stirrat & Associates, Charles Abbott & Associates, Inc., Hall & Foreman, Inc. and Ron Kranzer & Associates Civil Engineers, Inc. to provide professional plan checking and public works inspection services on an as -needed basis, for a period of two (2) years, effective October 19, 1994. LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinances(s) X Agreements EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other: R_F p Fee Schedule & Exhibit 1 Proposals (on file in City Clerk's Office) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report?Yes X No Report discussed with the following affected departments_: N/A MTT4 A8tf1ATL 511SAEM AGENDA NO. MEETING DATE: October 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contracts for Professional Plan Checking and Public Works Inspection services RECOMMENDATION: That the City Council retain Bryan A. Stirrat Associates, Inc., Hall & Foreman, Inc., and Ron Engineers, Inc. to provide professional plan inspection services on an as -needed basis for effective October 19, 1994. FINANCIAL SUMMARY: & Associates, Charles Abbott Kranzer and Associates, Civil checking and public works a period of two (2) years, Each project will be funded through Developer's fees/deposits paid by the Applicant to the City at the plan -check stage. Each specific assignment under this on-call contract will be compensated on 75 percent of a fixed fee basis. The fixed fee is determined as per the attached adopted City fee schedule. Each individual assignment under this contract will not exceed $10,000.00. BACKGROUND/DISCUSSION: On September 15, 1994, the Department of Public Works solicited proposals from experienced, qualified engineering firms to provide plan checking and public works inspection services on an as -needed basis for a period of two (2) years, effective October 19, 1994. On September 26, 1994, the Department received four (4) proposals from Bryan A. Stirrat & Associates, Charles Abbott Associates, Inc., Hall & Foreman, Inc., and Ron Kranzer and Associates, Civil Engineers, Inc. Plan checking services encompasses: reviewing, approving and inspecting various grading, retaining wall, street, sewer and storm drain plans for both private and subdivision developments; checking of easements, lot line adjustments, dedications, vacations, parcel and tract maps. Public Works Inspection services encompasses inspection of grading activities, retaining wall construction, street, sewer, storm drain, driveway approach, sidewalk, utility and erosion control measures installation . All four (4) proposals were carefully reviewed by staff from the Public Works Department, the Community Development Department and the Office of the City Manager. The City has a history of working with both Charles Abbott & Associates and Ron Kranzer & Associates. One of Charles Abbott's Principals, Mr. George Wentz has held the position of Interim City Engineer with the City since June of 1992 and in October, 1989, Ron Kranzer and Associates, Civil Engineers, Inc., was selected as the first City Engineer for the newly formed City of Diamond Bar. Staff checked the references listed by the other two firms, namely Bryan A. Stirrat & Associates and Hall & Foreman, Inc., and has received favorable responses. CITY COUNCIL REPORT OCTOBER 18, 1994 PAGE 2 As shown on the attached Exhibit 1, all of the key members of the selected firms have a minimum of ten (10) years of plan -checking and public works inspection experience. The hourly rates for all the principal reviewers range between $81.00 and $112.00. However, this should not be a significant factor due to the fact that payment for sevices will be on a seventy-five (75) percent of fixed fee basis. The consensus of the City's Selection Committee was that the City should retain all of the aforementioned four (4) firms. For projects under $1,000.00, the assignments will be given to the review.firm on a rotational basis by staff. Projects over $1,000.00 and under $10,000.00 will be assigned to the most qualified Consultant after discussion or evaluation of project specific proposals with all four (4) firms. PREPARED BY: David G Liu/Tseday Aberra .4 H H T N "�I A\ Pr P+ NNM Mal- 6 N ca V] W 04 rn 3 a� Hyo Ngo O to FA •aac� tiaati Caa� ►�aati �a� tiaati �3 3� o H oho wcti3 + O H cn E F P-4 -4M.&L4no zp Oy Tr O as M z � w z a H N Le) P4 W I�at�nA a HN wA~aa� P-4 Wo az H F w �iA Oi'i Od`ii P40IW �,' E 0 o w N Ln P4 Go W rA lye [-r N PW CN H A � V H r1.47 O Ay F-I�j� w W W DaCA � Cz79p~��y fY1 Oq 0� v y .Q Oait 4 on 06, ?'^O O t. 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 • FAX 909-861-3117 September 15, 1994 suBJECT: Plan Checking/Public-Works Inspection Services To Interested Civil Engineering Firms: As you know, the City of Diamond Bar is inviting qualified firms to submit proposals for professional civil engineering services on an as -needed basis for a period of two (2) years commencing July 1, 1994 and ending June 30, 1996. The consultant's services will be employed to augment the City's professional capabilities and to provide high quality, very timely expertise where needed. The scope of work includes, but is not limited to, reviewing and approving various grading/retaining wall, street, sewer and storm drain plans for both private and subdivision developments, checking of easements, lot line adjustments, dedications, vacations, parcel and tract maps. Inspection services would encompass grading activities, retaining wall construction, street, sewer and storm drain installation and erosion control measures. Each specific assignment under a generic contract will be compensated on a lump sum basis. The method of compensation will be _specified in writing by the City at the time the assignment is given. Individual assignments under the contract will not exceed $10,000.00. To be eligible for consideration, interested firms must submit proposals to the City of Diamond Bar no later than 5:00 p.m. Monday, September 26, 1994. All proposals should be addressed to: City of Diamond Bar Department of Public Works 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765 ATTN: David G. Liu, P.E. senior Engineer Four (4) sets of the proposals must be submitted on 8 1/2" x 11" paper. The proposals must contain the names and resumes of all staff members to be assigned to the City, including their responsibilities, hourly billing rates, experience with similar Gary H. Werner Clair W. Harmony Eileen R. Ansad Gary G. Miller Phyllis E. Papen Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Page Two Plan Checking/Public Works Inspection September 15, 1994 work, and their capabilities relative to performing the needed work within reasonable time frames. The City reserves the right to reject any proposal and may elect to make a decision without further discussion or negotiation. This solicitation is not to be construed as a contract of any kind. The City is not liable for any costs or expenses incurred in the preparation of the proposals. - The right to issue supplementary information or guidelines relating to this request is also reserved by the City. Enclosed is a copy of the sample contract agreement for your information. If you have any questions regarding this request, please contact Ms. Tseday Aberra, Administrative Assistant, at (909) 396-5671. Sincerely, David G. Liu, P.E. Senior Engineer DGL•ta enclosure cc: Terrence L. Belanger, City Manager GRADING `PLAN CHECK ;FEES (BASED ON VOLUME OF MATERIAL HANDLED) 1 - 100 cubic yards ................................. $ 170.00 101 - 1000 cubic yards .................. 170.00 plus $52.25/100 cubic yards of fraction thereof. in. excess of loo cubic yd 1001 - 10,000 cubic yards .............. 640.00 plus $40.00/1,000 cubic yards of fraction thereof �in•excess of 1000 cub.yd 10,001 - 100,000 cubic yards......... 1,000.00 plus $26.10/1,00.0 cub yrds of fraction thereof • in • excess of 10,000 cub.yd 100,001 - 500,000 cubic yards........ 3,350.00 plus $71.25/10,000 cub.yds of fraction thereof. in. excess of 100,000 cub.yd 500,001 or more cubic yards.......... 6,200.00 plus $71.25/10,000 cub.yds of fraction thereof. in • excess of 500,000 cub.yd GRADING PERMIT FEES (BASED ON VOLUME OF•MATERIAL HANDLED) PERMIT ISSUANCE $ 15.00 1 - 50 cubic yards .................................. 75.00 51 - 100 cubic yards ................................ 110.00 101 - 1000 cubic yards ................. 110.00 plus $37.50/100 cubic yards or fraction thereof • in • excess of 100 cubic yd 1001 - 10,000 cubic yards ............. 447.50 plus $31.25/1000 cubic yrds of fraction thereof �in•excess of 1000 cubic yd 10,001 - 100,000 cubic yards........ 728.75 plus $20.00/1,000 cub.yrd or fraction thereof. in • excess. of 10,000 cubic yd 100,001 cubic yards or more ............. 2,528.75 plus $50.00/10,00o cubic yrds of fraction thereof. in • excess 100,000 cub.yd GRADING SECURITY BONDS (BOND AMOUNTS TOTALING LESS THAN $1,000, NO BOND REQUIRED) $1.80 per cubic yards up to 100,000 cubic yards $0.90 per cubic yard over 100,000 cubic yards REPORT COST GEOLOGY, GEOTECHNICAL $1,000.00 HYDROLOGY & SOILS $1,000.00 ENGINEERING REPORTS - EACH $1,000.00 CITY OF DIAMOND BAR PUBLIC WORKS DEPARTMENT UTILITY/EXCAVATION & STREET CONSTRUCTION PERMIT FEES PERMIT ISSUANCE $15.00 UTILITY PLAN CHECK $75.00 UTILITY INSPECTION $150.00 PER WEEK UP TO 150 SQUARE FEET CUT $150.00 151 - 500 SQUARE FEET CUT $200.00 501 SQUARE FEET CUT OR MORE $300.00 DRIVE APPROACH PLAN CHECK $75.00 DRIVE APPROACH - INSPECTION $300.00 COMMERCIAL OR RESIDENTIAL $225.00 CURB DRAIN $150.00 STOCK PILING PLAN CHECK $75.00 STOCK PILING INSPECTION $150.00 SIDEWALK PLAN CHECK $75.00 SIDEWALK,INSPECTION $0.50 PER SQ.FT $75.00 MINIMUM DUMPSTER IN PUBLIC RIGHT OF WAY RESIDENTIAL $50.00 PER WEEK OTHER $20.00 PER DAY LANE CLOSURE DUE TO WORK ON PRIVATE PROP. $150.00 PER WEEK STRUCTURES - INSPECTION MANHOLE $225.00 VAULT -CATCH BASIN $300.00 JUNCTION BASIN $375.00 OTHER $300.00 CURB & GUTTER PLAN CHECK $ 75.00 CURB & GUTTER INSPECTION $150.00 I FINAL :.TRACT AND PARCEL MAP SUBMITTAL-, The following subdivision processing and plan checking fee are collected by the Engineering Department. MAP ANALYSIS FOR TRACTS AND PARCEL MAPS FEE 1 - 5 LOTS OR PARCELS $1,000.00 6 - 10 LOTS OR PARCELS $1,300.00 11 - 25 LOTS OR PARCELS $1,750.00 26 - 50 LOTS OR PARCELS $2,800.00 51 - 100 LOTS OR PARCELS $4,350.00 101 - 150 LOTS OR PARCELS $6,500.00 150 OR MORE LOTS OR PARCELS $6,500.00 plus $35 per lot over 150 EASEMENT CHECKING - RESIDENTIAL ONE LOT ONLY $ 600.00 EASEMENT CHECKING - ALL OTHER $1,000.00 FOR UP TO 10,000 SQ.FT. O.E.A. $2,500.00 FOR OVER 10,000 SQ.FT. O.E.A. DEDICATION & VACATION - RESIDENTIAL ONE LOT ONLY $ 600.00 DEDICATION & VACATION - ALL OTHER $1,250.00 FOR UP TO 10,000 SQ.FT. $3,000.00 FOR FOR OVER 10,000 SQ.FT. AGREEMENT AND/OR IMPROVEMENT SECURITY, EACH $ 225.00 EXTENSION OF TIME FOR IMPROVEMENT AGREEMENT, EACH $ 225.00 FOURTH SUBMITTAL OF ORIGINALS AND/OR PRINTS $ 400.00 SIXTH SUBMITTAL OF ORIGINALS AND/OR PRINTS $1,250.00 EIGHTH AND EACH SUBSEQUENT SUBMITTAL OR ORIGINALS $1,500.00 AND/OR PRINTS, EACH RECORDING FEE $ 75.00 PLUS COUNTY RECORDING FEE MINOR LOT ADJUSTMENT - DEPOSIT $1,000.00 PLAN CHECK.FEES FOR STREET PLANS Partial Plan Check fees will be required with plan submittal. The amount of the partial fee shall be 75% of the amount based on the following engineer's estimate. The estimate will be reviewed during the checking process when the plans meet the conditions of subdivision approval and City standards. The balance of the fee will be due at that time. An additional resubmittal fee of one hundred dollars ($100.00) per sheet will be assessed beginning with the fifth submittal and each subsequent submittal. Street plans will not be approved until all checking fees are paid. SQUARE FEET 0 - 10,000 OVER 10,000 PERMIT (INSPECTION) FEE PLAN CHECK FEE $ 0.12 PER SQUARE FOOT $450.00 MINIMUM $1,200.00 PLUS $ 0.05 PER SQUARE FOOT OVER 10,000 SQUARE FEET $ 0.05 PER SQUARE FOOT $450.00 MINIMUM STORM DRAIN PLAN SUBMITTAL FEES A storm drain plan check deposit is collected for checking all private drains submitted for subdivisions. The initial deposit is based on the linear footage in accordance with the following schedule. PLAN CHECK FEE PERMIT (INSPECTION) FEE TRANSFER OF STORM DRAIN OR FLOOD CONTROL FACILITIES TO COUNTY WATER PLAN CHECK WATER PERMIT (INSPECTION) $ 1.70 PER LINEAR FOOT $225.00 MINIMUM $ 2.60 PER LINEAR FOOT $300.00 MINIMUM $3,000.00 $1.70 PER LINEAR FOOT $225 MINIMUM $2.60 PER LINEAR FOOT $300.00 MINIMUM Also, an additional $1,000.00 deposit is necessary at the time of submittal of the hydrology study. PLAN CHECK FEE PERMIT INSPECTION FEE SEWER SUBMITTAL FEES $ 1.70 PER LINEAR FOOT $225.00 MINIMUM $ 2.60 PER LINEAR FOOT $300.00 MINIMUM rtiV� M E M 0 R A N"D U M TO JAMES DeSTE NO, COMMUNITY DEVELOPMENT DIRECTOR FROM DENNIS RANGO, BUILDING OFFICIAL DATE SEPTEMBER 3, 1991 SUBJECT VALUATING RETAINING WALLS -Per your request. the Building Department has contacted the surrounding cities regarding method of Valuating Retaining Walls. Aftk The most -commonly use method and average valuations used are: mpl =6" Concrete Block 5.60 Per Sq. Ft. 8" Concrete Block 7.20 Per Sq. Ft. - 12" Concrete Block 7.80 Per Sq. Ft. "V 4c QJ --2 S of • oo t Cy - 5%. Ir4-. Should you have any questions regarding this matter, please contact me. 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Co N 1� M CO 'ct m C? O00 " 11 O•f lt7 R:Q— I. -N - C'� Q) m C+7 CO M 11 m C) - Co Q7 tT 67 LrJ �- to N 11 r Q- CO Q7 cr CO CO Cb C� O7' 07 ~ Q>' C'7 - Lt? t� ; N LC> CEJ C. M @ t9 6l r _N 11 It tl 11 49 t9 @ Q W 6i 6i 67 tSi t� m 6t @ 6l p tS _m m @ @ tS7 t= t9 I= M4 W 6l @ @ Rl tP] 4=1@ t� ts61 19 tS 6l @ coti t5Z Mk t= R=6i 6l m QJ _ _� 6i '� Q ts� tSt @ 6l CSZ 6'71 II �_ -� V �• v v -c?• t -.t '�@V V t17 LCJ aC> Lc -.,LC> LC3 Ll> LrJ -ct• CD C!7 CD Cfl CD CS7 1 v 'v -Cl- 11 CITY OF DIAMOND BAR AUEN VA REPUWX AuBluj'a TO: Terrence L. Belanger, City Manager MEETING DATE: October 18, 1994 REPORT DATE: October 12, 1994 FROM: David G. Liu, Senior Engineer TITLE: Award of Contracts for Professional Soils and Geotechnical Engineering Services. SUMMARY: On September 15, 1994, the Department of Public Works requested proposals from experienced, qualified engineering firms to provide soils and geotechnical engineering services for the City of Diamond Bar, on an as - needed basis for a period of two (2) years, effective October 19, 1994. On September 26, 1994, the City received three (3) proposals from: Engineering and Environmental Geology Associates (Brea), Kleinfelder (Diamond Bar), and Leighton and Associates (Walnut). Staff has reviewed all three (3) proposals and recommend that the City retain all three (3) firms to provide soils and geotechnical engineering services, on an as -needed basis. RECOMMENDATION: That the City Council retain Engineering and Environmental Geology Associates, Kleinfelder and Leighton and Associates to provide professional soils and geotechnical engineering services on an as -needed basis, for a period of two (2) years, effective October 19, 1994. LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinances(s) X Agreements EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other: R.F.P. Proposals(on file in City Clerk's Office) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: N/A REVIEWED BY: Te ence. BeAnger Frank M. U1&iie& Evia -G. Liu" City Man er Assistant City Manager Senior Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contracts for Professional Soils and Geotechnical Engineering Services. RECOMMENDATION: That the City Council retain Engineering and Environmental Geology Associates, Kleinfelder Inc. and Leighton and Associates to provide professional soils and geotechnical engineering services on an as -needed basis for a period of two (2) years, effective October 19, 1994. FINANCIAL SUMMARY: Each project will be funded through Developer's fees/deposits paid by the Applicant to the City at the plan -check stage. Each specific assignment under this on-call contract will be compensated on either a lump sum or time - and -material basis. The actual method of payment will be specified in writing by the City at the time the assignment is given to the review firm. Each individual assignment under this contract will not exceed $10,000.00. /DISCUSSION: On September 15, 1994, the Department of Public Works solicited proposals from experienced, qualified engineering firms to provide soils and geotechnical engineering services on an as -needed basis for a period of two (2) years, effective October 19, 1994. On September 26, 1994, the Department received three (3) proposals from Engineering and Environmental Geology Associates (Brea), Kleinfelder Inc. (Diamond Bar) and Leighton and Associates (Walnut). Soils and geotechnical engineering services encompasses: reviewing and recommending on various soils/geotechnical/engineering geology investigations, compaction test and environmental remediation reports which pertain to private/tract development projects, etc. All three (3) proposals were carefully reviewed by staff from the Public Works Department, the Community Development Department and the Office of the City Manager. The City has a history of working with all three (3) companies. The City utilized Kleinfelder Inc. on the seepage investigation of the 2000 block of Golden Springs Drive (at Sylvan Glen Road). Kleinfelder Inc. was also responsible for evaluating and recommending pavement rehabilitation measures to the Diamond Bar Boulevard Rehabilitation Project's Design Engineers, Nolte and Associates. CITY COUNCIL REPORT OCTOBER 181 1994 PAGE 2 Leighton and Associates has been providing soils and geotechnical consultation to the City since October, 1991. Engineering and Environmental Geology Associate's Principal Geotechnical Engineer, Mr. Apichart Phukunhaphan served as the project manager with Leighton for geotechnical review of all soils and geotechnical reports submitted to the City between October, 1991 and December, 1993. As shown on the attached Exhibit 1, all of the selected firms have local offices, thereby enabling them to pick up and deliver all review assignments facilitating a timely review. All key members of the three (3) firms have a minimum of eight (8) years of soils and geotechnical experience. Rleinfelder's $85 and Leighton's $88 hourly rates for their key reviewers are extremely comparable. Both of these firms have each in excess of 30 years of experience. Engineering and Environmental Geology Associate's hourly rate of $65 is reasonably reflective of this Company's one-year history; even though it's two principal reviewers have in excess of thirty-five (35) years of experience between them. The consensus of the City's Selection Committee was that the City should retain all of the aforementioned three (3) firms. For projects under $1,000.00, the assignments will be given on a rotational basis by staff. Projects over $1,000.00 and under $10,000.00 will be assigned to the most qualified Consultant after discussion or evaluation of project proposals with all three (3) firms. PREPARED BY: David G. Liu Tseday Aberra COMPARISON OF SOILS & GEOTECHNICAL CONSULTANTS' PROPOSALS. OCTOBER, 1994. P.E.: Professional Engineer G.E.: Geotechnical Engineer R.G.: Registered Geologist C.E.G.: Certified Engineering Geologist EEGA KLEINFELDER LEIGHTON Office Location:' BREA DIAMOND BAR WALNUT Turn Around: 1 WEEK TO BE DISCUSSED/ 2 WEEKS DETERMINED No. of Key Members Assigned to City: 2 2 2 Qualifications of APICHART P.E.,G.E. JOHN P.E., G.E. DAVID R.C.E. Key Members: GARY R.G., C.E.G. STEVEN R.G., C.E.G. KAY R.G., C.E.G. Years of Experience ApICHART 15 YRS JOHN 12 YRS DAVID 8 YRS of Key Members:- GARY 20 YRS STEVEN 13 YRS KAY 10 YRS Hourly Rate of Key Members: $65.00 $85.00 $88.00 Support Staff. 5 ASSOCIATE 2 ENGINEERS 1 GEOTECHNICAL ENG. GEOLOGISTS 1 GEOLOGIST 1 GEOLOGIST 1 HYDROGEOLOGIST 1 ENGINEER Other Cities: MALIBU, LA MIRADA, SANTA ANA, CITY R COUNTY OF L.A. CHINO HILLS REDLANDS, RANCHO CUCAM. BREA, P.U.S.D., ANAHEIM, IRVINE, SAN .U.S.D., M.S.A.C.D. AN CAP., HUNTINGTON Proposed Fees: LUMP SUM/TIME A LUMP SUM/TINEA LUMP SUM/TIME & MATERIALS MATERIALS MATERIALS ompany S nsurance GENERAL L. $1M GENERAL L. $1M Information: AUTO L. $1M AUTO L. $1M ON FILE/TO BE POLLUTION $1M PROFESS. L. $50OK EA. OC FURNISHED E & 0 $1M $LM AGG. WORKERS COMP. $2M P.E.: Professional Engineer G.E.: Geotechnical Engineer R.G.: Registered Geologist C.E.G.: Certified Engineering Geologist 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 • FAX 909-861-3117 W �� September 15, 1994 SUBJECT: Professional Soils and Geotechnical Engineering Services To Interested Soils and Geotechnical Engineering Firms: As you know, the City of Diamond Bar is inviting qualified firms to submit proposals for professional soils and geotechnical engineering services on an as -needed basis for a period of two (2) years commencing July 1, 1994 and ending June 30, 1996. The consultant's. services will be employed to augment the City's professional capabilities and to provide high quality, very timely. expertise where needed. The scope of work includes, but is not limited to, reviewing and recommending on various soils investigations, geotechnical, engineering geology, and environmental remediation reports which pertain to certain development projects, capital improvement projects, i.e. pavement testing and analysis, soils investigation, compaction testing, etc. Each specific assignment under a generic contract will be compensated on either lump sum or time -and - material basis. The method of compensation will be specified in writing by the City at the time the assignment is given. Individual assignments under the contract will not exceed $10,000.00. To be eligible for consideration, interested firms must submit proposals to the City of Diamond Bar no later than 5:00 p.m. Monday, September 26, 1994. All proposals should be addressed to: City of Diamond Bar Department of Public Works 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765 ATTN: David G. Liu, P.E. Senior Engineer Four (4) sets of the proposals must be submitted on 8 1/2" x 11" paper.' The proposals must contain the names and resumes of all staff members to be assigned to the City, including their Gary H. Werner Clair W. Harmony Eileen R. Ansari Gary G. Miller Phyllis E. Papen Mayor Mayor Pro Tem Councilmember Councilmember Councilmember PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of 19 , between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and Engineering and Environmental Geology Associates (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CONSULTANT is qualified to provide professional services with respect to Soils and Geotechnical Engineering Services ("Project" hereafter) to CITY as an independent contractor. (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to provide soils and geotechnical engineering services to CITY, CITY's City Council, and staff on an as -needed basis for a eriod of two years ,AAA and ending XuAn 28. 19". (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply 1 Page Two Soils and Geotechnical Engineering September.15, 1994 responsibilities, hourly billing rates, experience with similar work, and their capabilities relative to performing the needed work within reasonable time frames. The City reserves the right to reject any proposal and may elect to make a decision without further discussion or negotiation. This solicitation is not to be construed as a contract of any kind. The City is not liable for any costs or expenses incurred in the preparation of the proposals. The right to issue supplementary information or guidelines relating to this request is also reserved by the City. Enclosed is a copy of the sample contract agreement for your information. If you have any questions regarding this request, please contact Ms. Tseday Aberra, Administrative Assistant, at (909) 396-5671. Sincerely, David G. Liu, P.E. Senior Engineer DGL:ta enclosure cc: Terrence L. Belanger, City Manager to the following terms, except where the context of this Agreement otherwise requires: (a) Activities: The preparation of soils and geotechnical engineering investigations, research, reports, review, or design of public facilities as requested by the CITY which may include preparation of maps, surveys, reports, and documents, the preparation, 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 services as are necessary to be performed by CONSULTANT in order to complete the assigned Project. (c) Completion of Pr-iar+• The date of completion of all phases of the Activities, including any and allroced P ures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding will be determined by the CITY. 2• CONSULTANT a rees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "All hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, and professional standards, all to the reasonable satisfaction of CITY and in accordance with the standard of care normally provided by practioners of the engineering 2 profession. (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 Exhibit "A" to CITY within the time specified by CITY. 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 the 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 CONTRACTOR except upon the prior written approval of CITY. (d) CONSULTANT shall submit an updated hourly rate schedule at the beginning of Fiscal Year 1994-95 and 1995-96. This schedule shall reflect the fully loaded hourly rates for all staff classifications who will be involved with the Project. CITY will negotiate Agreement based on the updated hourly rate schedule for 3 each fiscal year. If no updated hourly rate schedule is submitted by CONSULTANT, CITY will utilize previously submitted hourly rate schedule. 3• CITY a rees as follows: (a) To pay CONSULTANT either as lump sum or on time -and -material basis 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 works of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, within thirty (30) days of receipt of the invoices. All charges shall be in accordance with CONSULTANT's proposal either with respect to hourly rates or lump sum amounts for individual projects. (c) CONSULTANT agrees that, iri no event, shall CITY be required to pay to CONSULTANT any suis in excess of 90% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than sixty (60) days after submittal of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in 4 CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be Paid on a time -and -material reimbursement basis in accordance with the fee schedule set forth in said Exhibit "A". Charges for additional services shall be invoiced every four (4) weeks and shall be paid by CITY within thirty (30) days after said invoices are received by CITY. 4. CITY a re es to rovide 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 Activities. (c) Such information as is generally available from CITY files applicable to the Activities. (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 5 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 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, p , 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 n--4-- ated Re resentatives: 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: Terrence L. Belanger, City Manager City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 6 Apichart Phukunhaphan, G.E. Engineering and Environmental Geology Associates 2109 Treeridge Circle Brea, CA 92621 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as forth above. 8. Insurance: ance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Workers Com ensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workersf compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of 7 Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement". (b) Public Liabilit and Pro ert Dama cf 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 at least 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 services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance 8 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 $•(a) and (b) shall name as additional insured CITY, its elected officials, officers, employees, agents and representatives. All Policies shall contain language, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and ( 3 ) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, Officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT Pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, V7 either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. 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. 12. Governing Law: This.Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Attorne 's • FeesIn the event any y legal proceeding is instituted to enforce any term or provision of the Agreement the prevailing party in said legal . g proceeding shall be entitled to recover attorneys, fees and costs from the opposing party in an amount determined by the court to be reasonable. 14. Damages: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder' in public hearing form to the reasonable satisfaction of CITY,- within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of One Hundred Dollars 100.00 day for each day CONSULTANT is in default, which sum re per represents reasonable endeavor by the presents a 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 10 which would otherwise occur in establishing resulting from such default unless actual damages said default is caused by CITY or by acts of God, acts of the public enemy, fire epidemics or floods, quarantine restrictions. 15. Med- iation: 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 b P y the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the eve the parties are unable to mutuallynt selected hereunder, the City council she upon the mediator to be all select such a neutral, third party mediation service and the City Council's decision sha be final. The parties agree to utilize their good faith efforts 11 resolve an to y such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of an t y 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 in equity with respect to any such dispute or controversy. °r 16. Entire A reement: This Agreement supersedes any and all other agreements either oral or in writing, parties with respect to the subject matter herein. between the erein. Each party to this Agreement acknowledges that no representation by an art which is not embodied herein nor any other y P y agreement, statement, or promise not contained in this Agreement shall be valid and binding. g 11 Any modification of this Agreement shall be effective only in writing signed b if it is y all parties. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first set forth above: APPROVED AS TO FORM; CITY OF DIAMOND BAR Cit tto ney Mayor ATTEST: City Clerk 12 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. `? 2_ TO: Honorable Mayor and City Council MEETING DATE: October 18, 1994 REPORT DATE: October 13, 1994 FROM: Terrence L. Belanger, City Manager TITLE: Community Newsletter and Recreation Guide: 3 versus 4 issues per year SUMMARY: Presently, the City's newsletter is produced three times a year, and distributed to all residents. This includes separate Summer and Fall issues, as well as a combination Winter/Spring issue. The question has been raised as to whether or not it would be desirable to produce an additional issue (separate Winter and Spring editions), which would increase the annual number of newsletters to four issues per year. When analyzing the potential impacts of producing an additional newsletter, several considerations should be explored; the two primary considerations being potential additional cost, and potential additional public benefit. RECOMMENDATION: In order to stay on track and maintain a timely schedule for the remainder of the year, it is recommended that the City Council render a decision on whether the City should produce and distribute three, or four, newsletters on an annual basis. LIST OF ATTACHMENTS EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Staff Report _ Resolution — Ordinance(s) _ Agreement(s) _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) — Other (Notice of Completion) 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? — YesNo 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? -- Yes — No 4. Has the report been reviewed by a Commission? —Yes —� No Which Commission? — Yes X No 5. Are other departments affected by the report? Report discussed with the following affected departments: Yes _ No Rec Recreation REVjEVED BY: Terrence L. elanger Frank M. Usher City Manager ae Nelso Assistant City Manager Community Relations Coord CITY COUNCIL REPORT MEETING DATE: October 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Community Newsletter and Recreation Guide: 3 versus 4 issues per year ISSUE STATEMENT: presently, the City of Diamond Bar's Community Newsletter and Recreation Guide is produced three times a year, and is distributed to all residents in the community. This includes separate Summer and Fall issues, as well as a Winter/Spring combination issue. The question has been raised as to whether or not it would be desirable to produce an additional issue (separate Winter and Spring editions), which would increase the annual number of newsletters from three to four issues. several considerations should be explored; the. two When analyzing the potential impacts; .- primary considerations being potential additional cost, and potential additional public benefit. RECOMMENDATION: In order to remain on track and maintain a timely schedule for the remainder of the year, it is recommended that the City Council render its decision on whether the City should produce three, or four, newsletters on an annual basis. FINANCIAL IMPACT: Based on recent figures resulting from the production and distribution of the Fall `94 issue of the newsletter, the overall cost for a single issue (taking into consideration staff time, photography, pre -press, printing, postage, etc.) is approximately $10,500. Obviously, one merely needs to multiply this amount by three or four to arrive at an annual figure. However, there are other factors that may, or may not, affect the final price. Two of these, which appear to be the most relevant, are listed below: 1 Additional Revenue Generated Although it is true that a fourth issue could generate additional revenue for the City through additional offerings of recreational classes and events, it is also true that additional costs would be incurred when adding more classes, providing additional facilities, and supplying additional staff etc. In fact, it is estimated that whatever additional income might be realized would not be nearly enough to offset the additional costs that would be required to produce a fourth issue. 2 Sales Tax Exemption According to the Revenue and Taxation Code of the State of California (6362.7 & 6362.8), it is possible to claim an exemption from sales tax charges (for printing) if a publication meets certain guidelines. The primary. prerequisite is that the publication be produced at least four times a year. Thus, a financial benefit could be realized through the omission of sales tax on each issue that is printed (see below). Printing Cost printing Cost (with sales tax; (without sales tax; three issues) four issues) Issue 91 $6,300.15 $5,820.00 Issue 92 $6,300.15 $5,820.00 Issue #3 $6,300.15 $5,820.00 Issue #4 ----- $5,820.00 Subtotal: $18,900.45 Additional Production Cost: ---- Total: $18,900.45 $23,280.00 $ 4,200.00 $27,480.00 Based on the above figures, the City could realize a saving of approximately $1,900.00 in sales tax exemptions if four issues were produced. However, after factoring in additional production costs for a fourth issue, the additional, overall cost for producing a fourth edition would be about $8.500.00 per year. COMMUNITY )M ?ACT: Diamond Bar residents would probably benefit from receiving an additional newsletter in two primary areas -- increased information about issues and events in the community, and the addition of more recreational opportunities and times during the year. 1. Increased Information for Residents An additional issue of the Community Newsletter and Recreation Guide would allow for more news and information to be disseminated among the citizenry. As it is, the recreation guide portion constitutes a major portion of the publication, and there is little space available for the newsletter portion. A fourth issue would ensure extra coverage of community events. 2. Increased Recreational Opportunities Additional recreational events may be offered during the year, through extended offerings, more classes, etc. which would allow residents a greater opportunity to participate in a wider variety of recreational events and classes. Additionally, scheduling of instructors and time slots, locations, etc. would be a smoother process -- which could ultimately affect the responsiveness, as well as the overall satisfaction level, of the resident. k*pW V It is not the intent of this synopsis to support either position when making a case for determining whether or not to produce an additional newsletter. However, it is necessary to point out the principal elements that could affect this decision; namely, price vs. public benefit. In the final analysis, the question that must be addressed is whether the additional cost for producing one additional newsletter ($8,500) is worth the public benefit that may be derived from it? Prepared by: Mike Nelson CITY OF DIAMOND BAR I N T E R O F F I C E M E M O R A N D U M DATE: November 10,1994 TO: Jim DeStefani5, Community Development Director FROM: Lynda Burgess, City Clerk SUBJECT: Resolution Nos. 94-48 and 94-49 At the meeting of October 18, 1994, the City Council adopted Resolution Nos. 94-48 and 94-49 pertaining to Arciero & Sons. At that time, corrections were made to both the Resolutions. As of this date, we have not received the corrected Resolutions and conditions. At your earliest convenience, please advise this office as to when we might expect both Resolutions, so we can obtain the signature of the Mayor. Thank you for your courtesy in this matter. Next Resolution No. 94-48 Next Ordinance No. 03(1994) 1. CALL TO ORDER: 5:30 P.M. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Council Members Ansari, Miller, Papen, Mayor Pro Tem Harmony and Mayor Werner 8. OLD BUSINESS: Continued from October 4, 1994 8.1 (A) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FOR THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF HILLSIDE MANAGEMENT ORDINANCE, CONDITIONAL USE PERMIT FOR LAND FORM MODIFICATIONS AND OAK TREE REMOVAL PERMIT INVOLVING THE REMOVAL OF 276 COAST LIVE OAKS WITH REPLACEMENT BOTH ON AND OFF THE PROJECT SITE ASSOCIATED WITH THE DEVELOPMENT OF VESTING TENTATIVE TRACT MAP NO. 32400, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF (APPLICANT - ARCIERO & SONS) . (B) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 32400, TO DEVELOP A 91 UNIT SUBDIVISION, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF (APPLICANT - ARCIERO & SONS) - On July 5, 1994, the Council approved the applicant's 91 unit project, in concept and directed the preparation of environmental findings, project conditions and appropriate resolutions for subsequent review and final action. Recommended Action: Requested by: Community Development Director 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 Presentation by Ron Kosinski with Caltrans with regard to the Route 60 Environmental Enhancement Project (tree planting). 2.2 Presentation to Myla Hardy, Silver Medalist at the California State Games. OCTOBER 18, 1994 PAGE 2 2:3 Proclaiming October 22, 1994 as "Make A Difference Day." 2.4 Proclaiming October 23 - 31, 1994 as "Red Ribbon Week." 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There 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 - October 24, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 PARKS & RECREATION COMMISSION - October 26, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon 5.3 CITY COUNCIL MEETING - November 1, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES - Approve Minutes of Regular Meeting of August 16, 1994. Requested by: City Clerk 6.2 VOUCHER REGISTER - Approve Voucher Register dated October 18, 1994 in the amount of $492,261.21. Requested by: City Manager 6.3 TREASURER'S REPORT - Receive & File Treasurer's Report for the month of July, 1994. Requested by: City Manager 6.4 REJECTION OF CLAIM - Filed by Georgette Owsian on August 5, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk OCTOBER 18, 1994 PAGE 3 6.5 NOTICE OF COMPLETION FOR TRAFFIC SIGNAL INSTALLATION ON DIAMOND BAR BOULEVARD AT FOUNTAIN SPRINGS AND SHADOW CANYON DRIVE - On April 5, 1994, the City Council awarded a contract to Macadee Electrical Construction for traffic signal installation on Diamond Bar Blvd. at Fountain Spgs. Dr. and Shadow Canyon Dr., for a total amount of $133,747.25 including $12,000 contingencies. The installation was completed on September 21, 1994. Recommended Action: It is recommended that the City Council accept work performed by Macadee Electrical Construction and authorize the City Clerk to file the Notice of Completion and release any retention amounts per previously approved plans and specifications. Requested by: City Engineer 6.6 AUTHORIZATION TO INCREASE CONTRACT AMOUNT FOR SPECIAL LEGAL COUNSEL RE: COMMITTEE TO RECALL PAPEN AND MILLER V. LYNDA BURGESS, ET AL - On May 17, 1994, the City Clerk and the City were served with a lawsuit by the Committee to Recall Papen and Miller regarding the finding that recall petitions against Council Members Papen and Miller were not valid due to an insufficient number of signatures. The Interim City Attorney indicated that he would be unable to provide legal counsel to Ms. Burgess or the City in this matter; therefore, special legal counsel was required. In their Closed Session on May 26, 1994, the City Council agreed to immediately employ the firm of Wallin, Kress, Reisman, Price & Pettit and a formal agreement in an amount not to exceed $10,000 was approved by the City Council on June 7, 1994. Due to the amount of research found necessary to defend this matter, it has been determined that an additional $5,000 will be required to complete the litigation process. Recommended Action: It is recommended that the City Council approve a $5,000 increase in the contract amount with the firm of Wallin, Kress, Reisman, Price & Pettit representing the City Clerk and the City in the matter of Committee to Recall Papen and Miller vs. Burgess, at al. Said increase will result in a total contract amount of $15,000. Requested by: City Clerk 7. PUBLIC HEARINGS: 7.1 VESTING TENTATIVE TRACT MAP NO. 51169, CONDITIONAL USE PERMIT NO. 92-3, ZONE CHANGE NO. 92-2, OAK TREE PERMIT NO. 92-3, AND CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 92-2 (APPLICANT: UNIONWIDE, INC.) - The proposed project is a request for approval of a 13 unit single family subdivision a 20 acre site located in Significant Ecological Area No. 15. Additionally, the OCTOBER 18, 1994 PAGE 4 application is for the removal of one oak tree, a zone change to bring the project into conformance with the General Plan (1992) and the certification of the environmental document. This is a continued public hearing from the City Council meeting of September 20, 1994. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony and direct staff to prepare all documents necessary for final approval. Requested by: Community Development Director 8. OLD BUSINESS: 8.2 DISCUSSION RE RESOLUTION NO. 94-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RE: NO LEGAL DEFENSE OF COUNCIL MEMBERS. Continued from September 20, 1994. Requested by: City Council 8.3 RESOLUTION NO. 91-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION - Continued from October 4, 1994. Among the items to be discussed, the order of agenda items, the time of beginning regular Council meetings, use of City stationery, use of City insignia, use of City programs and activities, Council direction to City staff (see memo in packet) and other matters related to City Council relationships. Requested by: City Council 8.4 CITY COUNCIL SUB -COMMITTEES - Continued from October 41 1994. Discussion regarding policy analysis and formulation and interagency liaison, through on-going, subject matter Council Sub -Committees or through case-by-case ad hoc Council Sub -Committee assignments: Recommended Action: It is recommended that the City Council dissolve the present on-going, subject matter of Council Sub -Committees, with the sole exception of the Council Finance Sub -Committee. In the alternative, it is recommended that the City Council hereinafter appoint Council Sub -Committees on a case-by-case basis, when the Council determines that the appointment of an ad hoc sub -committee is appropriate. Requested by: City Council 8.5 TENTATIVE TRACT NO. 51253, CONDITIONAL USE PERMIT NO. 92-12, AND OAK TREE PERMIT NO. 92-9; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: SASAK CORPORATION). Continued from October 4, 1994 - The applicant requests OCTOBER 18, 1994 PAGE 5 approval of.a 21 unit single ment proposed on 6.7 acres Sun Drive. The applicant October 18, 1994. Recommended Action: family residential develop - located adjacent to Morning requested a continuance to Requested by: Community Development Director 8.6 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING AN EXISTING TWO-WAY STOP CONTROL ON COLD SPRINGS LANE AT BREA CANYON ROAD TO A FOUR-WAY STOP CONTROL AT THE INTERSECTION OF BREA CANYON ROAD AND COLD SPRINGS LANE - Pursuant to Council direction of July 19, 1994, a four-way stop control warrant study and a 25 mph special zone study were conducted on Brea Canyon Rd. at Cold Springs In. and on Brea Canyon Rd. in the vicinity of Heritage Park Community Center. The result of the study showed that a four-way stop control at the subject intersection is warranted. However, establishment of a 25 mph special zone in the vicinity of the Center is not recommended. The Traffic & Transportation Commission reviewed the result of these studies and accepted staff's recommend- ation. However, the Commission added that to have a total solution of the neighborhood traffic, a comprehen- sive neighborhood traffic study should be conducted. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX approving modification of the existing two-way stop control on Cold Spgs. Ln. at Brea Canyon Rd. to a four-way stop control at the intersection of Brea Canyon Rd. and Cold Spgs. Ln. Further, it is recommended that the Council deny the establishment of a 25 mph special zone on Brea Canyon Rd. in the vicinity of Heritage Park Community Center based on the results of the study. Requested by: City Engineer 8.7 FINANCE COMMITTEE REPORT AND RECOMMENDED MATTERS: (a) ORDINANCE NO. XX (1994) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20(1989) and 20A(1989) - The City's current Purchasing Ordinance has been revised to provide clarification, and to include new sections which make the Purchasing System more efficient and effective. It was determined that it would be more beneficial if an entirely new Ordinance was prepared, repealing Ordinances 20 and 20A(1989), and establishing a new purchasing system in a different format. The proposed Ordinance has been reviewed by the City Council Finance Sub -Committee and the Finance Sub -Committee recommends approval. OCTOBER 18, 1994 PAGE 6 Recommended Action: It is recommended that the City Council approve for first reading, by title only and waive full reading of Ordinance No. XX(1994) establishing a Purchasing System and Repealing Ordinances No. 20 (1989) and 20A(1989). (b) VOICE MAIL - Memorandum regarding procurement of a voice mail system. Recommended Action: It is recommended that the City Council approve payment of the invoice from GTE in the amount of $9,778.91 for a voice mail system. (c) REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT FINANCIAL AUDIT SERVICE AND QUARTERLY COMPLIANCE AUDITS, FOR FISCAL YEARS 1994-95, 1995-96 AND 1996-97 - As is the practice in many California municipalities, changing audit firms every three to five years is undertaken as a way to assure continuing independence regarding the auditing of a municipality's financial systems. While the City's current auditing firm has provided quality service, it is appropriate for the City to commence the process of solicitation of qualified firms to propose for a three- year engagement, with two optional years at the City's election, for annual independent financial audit services and quarterly compliance audits. The quarterly com- pliance audits would be of procurement and cash disburse- ment policies, procedures and practices in order to monitor the City's procurement and cash disbursement systems, as well as, all revisions and improvements thereto. Recommended Action: It is recommended that the City Council solicit proposals, through a Request for Proposal process, for annual independent financial audit service and quarterly procurement and cash disbursement audits, for Fiscal Years 1994-95, 1995-96 and 1996-97. NEW BUSINESS: 9.1 ON-CALL CONTRACTS: 9.1.1 AWARD OF CONTRACTS FOR PROFESSIONAL PLAN CHECKING AND PUBLIC WORKS INSPECTION SERVICES - On September 15, 1994, the Department of Public Works requested proposals from experienced, qualified engineering firms to provide plan checking and public works inspection services for the City, on an as -needed basis for a period of two (2) years, effective October 19, 1994. On September 26, 1994, the City received four (4) proposals. Staff has reviewed all proposals and recommend to the Council that the City retain all four firms to provide plan checking and public OCTOBER 18, 1994 PAGE 7 works inspection services, on as needed basis. Recommended Action: It is recommended that the City Council retain Bryan Stirrat & Associates, Charles Abbott & Associates, Inc., Hall & Foreman, Inc. and Ron Kranzer & Associates Civil Engineers, Inc. to provide professional plan checking and public works inspection services on an as -needed basis, for a period of two year, effective October 19, 1994. Requested by: City Engineer 9.1.2 AWARD OF CONTRACTS FOR PROFESSIONAL SOILS AND GEOTECHNICAL ENGINEERING SERVICES - On September 15, 1994, the Department of Public Works requested proposals from experienced, qualified engineering firms to provide soils and geotechnical engineering services for the City, on an as -needed basis for a period of two (2) years, effective October 19, 1994. On September 26, 1994, the City received three proposals. Staff has reviewed all proposals and recommend that the City retain all three firms to provide soils and geotechnical engineering services, on an as -needed basis. Recommended Action: It is recommended that the City Council retain Engineering and Environmental Geology Associates, Kleinfelder and Leighton and Associates to provide pro- fessional soils and geotechnical engineering services on an as -needed basis, for a period of two years, effective October 19, 1994. Requested by: City Engineer 9.2 COMMUNITY NEWSLETTER AND RECREATION GUIDE: 3 VERSUS 4 ISSUES PER YEAR - Presently, the City's newsletter is produced three times a year, and distributed to all residents. This includes separate Summer and Fall issues, as well as a combination Winter/Spring issue. The question has been raised as to whether or not it would be desirable to produce an additional issue (separate Winter and Spring editions), which would increase the annual number of newsletters to four issues per year. When analyzing the potential impacts of producing an additional newsletter, several considerations should be explored; the two primary considerations being potential additional cost, and potential additional public benefit. Recommended Action: In order to stay on track and main- tain a timely schedule for the remainder of the year, it is recommended that the City Council render a decision on OCTOBER 18, 1994 PAGE 8 whether the City should produce and distribute three or four newsletters on an annual basis. Requested by: City Manager 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 inspection. Personnel Session re: consideration of appointment of City Attorney. 12. ADJOURNMENT: Council Memorandum To: Mayor Werner, Councilpersons Ansari, Miller, and Papen 9 � $' $ From: Mayor Pro Tem Clair Harmony Date: October 18, 1994 Subject: Staff Response to the Moreland Report Staffs summary comment regarding the Moreland Report boldly declares that: "These is not nor, nor has there ever been, (as c-ridencesl by previous annual audit management letters) a lack of control in the City's purchasing or disbursement procedures." (emphasis per original) September 29, 1994 memorandum However, based solely upon the procedures which staff requested Moreland to perform, Moreland noted eight procedural deficiencies, i.e., weaknesses, in the procurement and cash disbursements processes and seven recurring types of lack of compliance with the procedures which were supposed to be utilized by staff in processing procurements and cash disbursements (Moreland's letter dated July 2?, 1994). Furthermore, Thomas, Byrne & Smith, the city's auditor, had previously advised staff of these and related weaknesses as part of their management letters issued in conjunction with the city's annual audits. For example, Thomas, Byrne & Smith's letters dated July 6, 1990, and September 25, 1991, address numerous issues which the Moreland report again, raises as continuing deficiencies. Thus, staff has been advised of the same deficiencies for four years and still refuses to acknowledge them. The following comments highlight the Moreland report comment, staffs point -by -point response, and my comment on the response: 1.11 Moreland: "The City has no formal policies related to the issuance and use of purchase orders_" Staff: "The City has a formal policy regarding purchase orders. City Ordinance #20 (1989), (sic) clearly sets forth a purchasing policy.... " Comment: Staff clearly can not distinguish between a policy directive by the City Council and a management policy with sufficient detail to permit proper implementation by staff. 1. P Staff: "... On the contrary, there is no evidence that there has ever cont. been a purchase by the City of Diamond Bar made without authorization." Mayor Werner, Councilpersons Ansari, Miller, and Papen Mayor Pro Tem Harmony Staff Response to Moreland Report October 17, 1994 Page 2 Comment: Minutes of the City Council meeting of February 2, 1993, (one of the voucher registers reviewed by Moreland), indicate that Councilman MacBride spent hundreds of dollars attending a Sister City program which had been specifically excluded from the budget for lack of funds. Yet, staff purchased airline tickets etc_. After staff inappropriately obligated the city to pay for the expenses, the City had to allocate funds from other areas in order not to welch on its debts. The purchasing system should not have permitted the obligation to be incurred. 4. P Moreland: "The Account Clerk does not indicate on the face of the invoice that the invoice has been reviewed for accuracy and appropriate approvals." Staff. "Invoices have always been reviewed for accuracy. The Account Clerk and the Accounting Manager review invoices and appropriate approvals prior to payment." Comment: Invoices may have been reviewed; however, without a sign -off there is no proof that they were. Furthermore, there is evidence that the reviews, if performed, were insufficient. I have previously noted discrepancies on 1994 invoices. This is a recurring deficiency. Thomas, Byrne & Smith's letter dated September 25, 1991, notes that "...we noted several invoices that were paid in which the financial accuracy was never checked. If it had been checked the City would have discovered the component items of the bill did not add up to the total. Fortunately for the City the vendors realized the error and refunded the overpayment. " 8. P Moreland: "The City does not have an approved vendor list from which A purchases are made. In addition, the City does not perform a verification of authenticity and independence of vendors used." Staff: "The City has an approved vendor listing.... This is an approved list prima facia (sic), due to the fact that payments have been approved, goods and services have been received, and invoices have been paid." Comment: Once again, staff is obligating the City and relying on the Council's obligatory approval after -the -fact to justify the before -the -fact decision. Mayor Werner, Councilpersons Ansari, Miller, and Papen Mayor Pro Tem Harmony Staff Response to Moreland Report October 17, 1994 Page 3 3-C Moreland: "One (transaction) ... did not have any supporting documentation attached or otherwise did not provide reference where supporting documentation could be found." Staff: "...In the future, the Finance Department will make every effort to obtain receipts after the event...." Comment: Although the Moreland report does not address the lack of purchase orders which has been amply documented in my previous memoranda, perhaps because of the nature of the 23 transactions selected, it does note a transaction in which there is no documentation whatever (including P.O.). The lack of purchase orders is a continuing problem. Thomas, Byrne & Smith noted, in its letter dated July 6, 1990, that Woucher packages do not contain an approved purchase order". 4. C Moreland: "Two of the thirteen transactions selected by the Finance Committee did not have the invoice stamped "PAID". Staff: "The Account Clerk is responsible for stamping the invoice packages as paid." Comment: Staff does not acknowledge that the Accounting Manager should be responsible for reviewing the work of the Account Clerk. This too is a continuing weakness. In their letter dated July 6, 1990, Thomas, Byrne & Smith noted that "Not all documentation in the voucher packages (paid invoice files) are marked as paid". 2,3 P Comment Staff' goes to lengths to explain these away, but essentially 12,7 C admits the weakness. 5,6,7 P Comment: In attempting to again explain away the conflict of interest in assigned duties, staff again admits the weakness. Furthermore, one has to wonder why a senior accountant, especially one who has previously had more extensive duties, still needs to be cross -trained to bank reconciliations. 5. C Moreland: "... Two contracts were not submitted to the City Council for approval...." Mayor Werner, Councilpersons Ansari, Miller, and Papen Mayor Pro Tem Harmony Staff Response to Moreland Report October 17, 1994 Page 4 Staff: "This relates to contracts which were awarded for developer related and reimbursed contracts. These contracts were undertaken for proposed development application processing. The professional services provided Environmental Impact Reviews required by the City. The City receives funds from the developer and the money is entrusted until contract payment is required. Since the funding of these contracts was trust funds and not City general fund money, the former City Attorney advised staff that these types of contracts did not need approval by the City Council. This procedure has been redefined...." Comment: Staff has been unable to produce the former City Attorney's written legal opinion that these contracts did not require City Council approval. Since Moreland reviewed the February 2, 1993, warrant register, this transaction specifically relates to the February 2, 1993, payment of $44,340.50 to Hardy M Strozier Inc. for services related to the South Pointe Master Plan. It applies to all previous and subsequent payments to Mr. Strozier for the South Pointe Master Plan. And, in a more general sense, it applies to all development applications and reimbursed costs incurred prior to September 1994. Staff hereby confirms that it had been City policy for the City Manager to single-handedly appoint the service provider for which the developer would pay. The service provider would be aware that they were appointed by staff, the City Manager, and paid for by the developer. The service provider would have no allegiance to the City Council which would be making important decisions based upon the ostensibly independent advice of a service provider whom they neither selected nor paid for. This taints the decision making process of all projects relying on such information. The Moreland report was based upon certain agreed-upon procedures performed by Moreland at the request of the City Manager (who signed the engagement letter). Based upon these procedures, Moreland noted numerous weaknesses in the City's procurement and cash disbursements procedures. Furthermore, Moreland specifically notes that "Had we performed additional procedures or had we made an audit of the financial statements in accordance with generally accepted auditing standards, matters not indicated above might have come to our attention and would have been reported to you." Mayor Werner, Councilpersons Ansari, Miller, and Papen Mayor Pro Tem Harmony Staff Response to Moreland Report October 17, 1994 Page 5 It is symptomatic of the problems faced in cleaning up these deficiencies which permit government waste of tax dollars that staffs response to the report which they commissioned is to rebut it and explain it away. Having noted the variety and number deficiencies noted, staff attempts to rebut or whitewash the Moreland report rather than requesting Moreland to expand their scope and critically evaluate the system as a whole. As Mayor Pro Tem, I owe it to the taxpayers of Diamond Bar to require staff to function in a professional manner to properly manage the public funds with which they have been entrusted. ************
