HomeMy WebLinkAbout11/01/1994Cit / eor
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AGENDA
Tuesday, November 1, 1994
Adjourned Reg. Meeting 6:00 p.m.
Regular Meeting 7:00 p.m.
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Mayor
Gary H. Werner
Mayor Pro Tem
Clair W. Harmony
Council Member
Eileen R. Ansari
Council Member
Phyllis E. Papen
Council Member
Gary G. Miller
City Manager
Terrence L. Belanger
Interim City Attorney
Michael Montgomery
City Clerk
Lynda Burgess
Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the
City Clerk, and are available for public inspection. If you have questions regarding an agenda item,
please contact the City Clerk at (909) 860-2489 during regular business hours.
In an effort to comply with the requirements of Title H 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
accommodations) in order to communicate at a City public meeting, must inform the City Clerk
a minimum of 72 hours prior to the scheduled meeting.
111.1mo,xiI1i11.
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 Council appr iates your cooperation.
Gar 11 Werner, Mayor
f
Clair W. Harmony Phyllis E. Papen
Mayor Pro Tem Council o
Eileen R. Ansari G. Mill
Councilwoman Councilman
1. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
Next Resolution No. 94-50
Next Ordinance No. 03(1994)
6:00 p.m. Adjourned Regular Meeting
Mayor Werner
ROLL CALL: Council Members Ansari,
Papen, Mayor Pro Tem Harmony and Mayor Werner
7. PUBLIC BEARING:
Miller,
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
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 October 18,
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:
8.1 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 18, 1994 - The applicant requests
approval of a 21 unit single family residential develop-
ment on 6.7 acres located adjacent to Morning Sun Dr.
The applicant requested a continuance to October 18,
1994.
Recommended Action: It is recommended that the City
Council (1) examine and discuss the policy and project
issues outlined within the report (i.e. map restrictions,
grading, subdivision design, etc.) and (2) continue the
project in order for the applicant to respond to staff
and Council concerns.
Requested by: Community Development Director
NOVEMBER 1, 1994 PAGE 2
1. CALL TO ORDER: 7:00 p.m. Regular Meeting
ROLL CALL: Council Members Ansari, Miller,
Papen, Mayor Pro Tem Harmony and Mayor Werner
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES:
2.1 Presentation of Plaque to Capt. Haggerty, L.A. Police
Department on behalf of slain officer Charles Heim.
2.2 Proclaiming the remaining Holiday Months as "BUCKLE UP
FOR LIFE CHALLENGE."
3. PUBLIC CONKENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an opportu-
nity 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 sive 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
Councilmembers 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 TRAFFIC & TRANSPORTATION COMMISSION - November 10, 1994
- 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.2 VETERANS HOLIDAY - Friday, November 11, 1994 - City
Office will be closed. Will Reopen on Monday, November
14, 1994.
5.3 PLANNING COMMISSION - November 14, 1994 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5.4 CITY COUNCIL MEETING - November 15, 1994 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR:
6.1 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of September 22, 1994 - Receive & File.
Requested by: Community Services Director
6.2 VOUCHER REGISTER - Approve Voucher Register dated
November 1, 1994 in the amount of $478,823.45.
Requested by: City Manager
6.3 TREASURER'S REPORT - Receive & File Treasurer's Report
for the months of August and September, 1994.
NOVEMBER 1, 1994 PAGE 3
Requested by: City Manager
6.4 REJECTION OF CLAIM - Filed by Radine Prado on October
18, 1994.
Recommended Action: Reject request and refer matter for
further action to Carl Warren & Co., the City's Risk
Manager.
Requested by: City Clerk
6.5 RESOLUTION NO. 93-54A: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR
GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK
AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM
FOR THE DESIGN AND DEVELOPMENT OF PANTERA PARK -
Resolution No. 93-54 was adopted by the Council on June
6, 1993 and was forwarded to L.A. County along with the
application for grant funds for design and development of
Pantera Park. Staff was recently notified that a sen-
tence was inadvertently left out of the original resolu-
tion and that a replacement resolution must be submitted
with the correction "...the project is an important park
and recreation project for the City of Diamond Bar"
included for the application to be processed. That
sentence has been added to Resolution No. 93-54A.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 93-54A amending Resolution
No. 93-54 approving the application for grant funds from
the L.A. Regional Park and Open Space District specified
project grant program for the design and development of
Pantera Park.
Requested by: Community Services Director
6.6 RESOLUTION NO. 94 -XX: RESOLUTION GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER
OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND
LANDSCAPING AND LIGHTING ACT DISTRICT LLA -1 CITY OF
DIAMOND BAR ZONE PROJECT NO. 284-107- In order to provide
funds for operation and maintenance of street lights on
Benfield P1., Leyland Ave. and Newbury Way which were
installed by the developer, it is necessary to incor-
porate said street lights into County LMD 10006 and
County Lighting District LLA -1.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 94 -XX granting consent and
jurisdiction to the County of L.A. to annex street lights
within the territory described.
Requested by: City Engineer
NOVEMBER 1, 1994 PAGE 4
6.7 RECLASSIFICATION OF ADMINISTRATIVE ASSISTANT POSITION TO
SECRETARY IN THE COMMUNITY SERVICES DEPARTMENT - The
Administrative Assistant has tendered her resignation
effective November 4, 1994. Staff has since reviewed the
position to determine the long term needs of the depart-
ment. The majority of duties and responsibilities have
evolved to be of a clerical nature. It is staff's belief
that it is appropriate to reclassify the Administrative
Assistant position to a classification of Secretary in
the Community Services Department. This change would not
only result in the appropriate classification performing
these necessary duties, but could also result in over
$3,000 savings in annual salary costs.
Recommended Action: It is recommended that the City
Council approve the reclassification of the existing
Administrative Assistant position to that of Secretary in
the Community Services Dept., effective November 7, 1994.
Requested by: Community Services Director
7. PUBLIC HEARINGS: NONE
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 October 18,
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 18,
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 memos in packet) and other matters
related to City Council relationships.
Requested by: City Council
8.4 CITY COUNCIL SUB -COMMITTEES - CONTINUED FROM OCTOBER 18,
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
NOVEMBER 1, 1994 PAGE 5
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 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 SPRING LANE AT BREA CANYON ROAD TO
A FOUR-WAY STOP CONTROL AT THE INTERSECTION OF BREA
CANYON ROAD AND COLD SPRING LANE - Continued from October
18, 1994. 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 Spring 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 recommendation. However, the Commission added
that to totally solve traffic problems, a comprehensive
neighborhood traffic study should be conducted.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 94 -XX approve modification
of the existing two-way stop control on Cold Spg. Ln. at
Brea Canyon Rd. to a four-way stop at the intersection of
Brea Canyon Rd. and Cold Spg. Ln. Further, it is
recommended that the Council deny 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
8.6 FINANCE COMMITTEE REPORT AND RECOMMENDED MATTERS -
Continued from October 18, 1994.
(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.
NOVEMBER 1, 1994 PAGE 6
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.
(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 system. 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 disburse-
ment 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.
Requested by: City Manager
9. NEW BUSINESS:
9.1 COMMUNITY NEWSLETTER AND RECREATION GUIDE: 3 VERSUS 4
ISSUES PER YEAR - Continued from October 18, 1994.
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),
NOVEMBER 1, 1994 PAGE 7
which would increase the annual number of newsletters to
four issues per year. Several considerations should be
explored including 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
whether the City should produce and distribute three or
four newsletters on an annual basis.
Requested by: City Manager
9.2 AWARD OF CONTRACT FOR OPERATION OF THE 1994 HOLIDAY
SHUTTLE PROGRAM - The 1994 Holiday Shuttle Program will
commence on November 14, 1994 and end on December 31,
1994. The Shuttle service will be available Monday
through Friday between 10:00 a.m. and 6:00 p.m., except
on November 24, 1994, Thanksgiving Day and December 25,
1994, Christmas Day. On September 27, 1994, staff
requested and received proposals from four qualified
transit operators to provide shuttle vans for the 1994
Holiday Shuttle service.
Recommended Action: It is recommended that the City
Council award Western Transit Systems, Inc./Yellow Cab
Co. of Northern Orange County, Inc. $21,600 to provide
two shuttle vans for the 1994 Holiday Shuttle program and
$400 to paint and install decals and signing on both
shuttle vans, for a total not -to -exceed of $22,000.
Requested by: City Engineer
9.3 AWARD OF CONTRACT FOR PROFESSIONAL TRAFFIC & TRANSPORTA-
TION ENGINEERING SERVICES - On September 15, 1994, staff
requested proposals from qualified firms to provide
traffic and transportation engineering services on an
as -needed basis for two years. On September 26, 1994,
the City received six proposals. Staff reviewed the
proposals and interviewed on October 18 and 20, 1994.
Staff recommends the City retain four of the six firms to
provide traffic and transportation engineering services.
Recommended Action: It is recommended that the City
Council retain Austin -Foust Associates, Inc.; Warren C.
Siecke; Linscott'Law & Greenspan Engineers and DKS
Assoc. to provide traffic and transportation engineering
services for two years on an as -needed basis.
Requested by: City Engineering
9.4 AWARD OF CONTRACT FOR ON-CALL CONTRACTS FOR COMPUTER
MAINTENANCE AND REPAIR SERVICES - Staff prepared a
Request for Qualifications for on-call computer main-
tenance and repair services pursuant to approval in the
NOVEMBER 1, 1994
PAGE 8
FY 94-95 budget for these services. In response to the
Request for Qualifications, the City received proposals
from four firms as follows: S1 Computers; MicroAge
Computermart; B. Chamberlain Consulting and ABC Business
Equipment. In the past, the City has issued purchase
orders for computer maintenance and repair services.
These purchase orders have been issued on an as -needed
basis to one or two firms specializing in personal
computer technology and small local area networks.
Recommended Action: It is recommended that the City
Council authorize the City Manager to execute separate
contracts with B. Chamberlain Consulting and MicroAge
Computermart for on-call computer maintenance and repair
services in an amount not -to -exceed $2,500 per contract.
Requested by: City Manager
9.5 RESIGNATION OF CITY PLANNING COMMISSIONER - Planning
Commission Vice Chairperson Lydia Plunk has tendered
her resignation from the Commission effective upon the
appointment of a successor to complete Mrs. Plunk's
unexpired term.
Recommended Action: It is recommended that the City
Council accept Mrs. Plunk's resignation from the Planning
Commission with regret.
Requested by: C/Papen
9.6 APPOINTMENT OF PLANNING COMMISSIONER - With the resigna-
tion of Mrs. Lydia Plunk as a member of the Planning
Commission, it is necessary to consider the appointment
of a new Commissioner to complete the unexpired term
ending February 29, 1996.
Recommended Action: It is recommended that the City
Council waive the 20 -day waiting period for filling the
unscheduled vacancy pursuant to Government Code Section
54974 (b).
Requested by: C/Papen
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:
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CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
HERITAGE COMMUNITY CENTER
SEPTEMBER 22, 1994
CALL TO ORDER
Chairman Goldenberg called the meeting to order at 7:25 p.m.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Vice Chairman Ruzicka.
ROLL CALL
Present: Chairman Goldenberg, Vice Chairman Ruzicka
Commissioners Medina and Tye
Commissioner Schey arrived at 8:00 P.M.
Staff: Community Services Director, Bob Rose
Administrative Assistant, Sandy Barlow
Recreation Supervisor, Marla Pearlman
MATTERS FROM THE AUDIENCE
Deputy Mark St. Amant was present regarding the Proposed Park
Reservation Policy Revision.
John and Mickey McKitrick were present regarding item 5(a) of the agenda.
MINUTES
1. Minutes of July 28 and August 25, 1994.
Due to the lack of a quorum, approval of the minutes of July 28, 1994 was
postponed to later in the agenda.
Moved by VC/Ruzicka, seconded by C/Tye and carried unanimously to approve
the minutes of August 25, 1994.
September 22, 1994 Page 2
OLD BUSINESS
2. Proposed Park Reservation Policy Revision.
Chairman Goldenberg introduced Deputy Mark St. Amant from the Walnut
Valley Sheriff's Department, who was present to provide the Sheriff
Department's perspective regarding the park reservation policy and to answer
questions from the Commissioners.
CSD/Rose summarized the original Staff report and explained that the proposed
revision was a result of input from the Sheriff's Department. He cited an
example of an incident at Summit Ridge Park over the Labor Day weekend
wherein the Sheriff's Department was called out regarding a dispute between
a Diamond Bar resident with a permit that was not posted and residents from
Upland who were having a party and refused to leave to allow the party with
the permit to use the facilities. The Sheriff's Department could not enforce the
reservation because it was not posted and signage was not displayed. Staff has
the authority per Code to place permanent signage and will revise the
reservation form to indicate that the permit must be posted.
CSD/Rose further stated that staff understands the Commission's concerns
regarding a fee for residents, however, some form of a cost recovery program
is needed, as a result, staff would like to work with the Commission to develop
a proposed fee.
C/Medina suggested that a list of future reservations be posed at the park
and/or listed in the Windmill.
CSD/Rose replied that the Windmill is dark in August and there is also a three-
week lead time for the publication which would not allow for an accurate listing
of reservations. However, he added that listing the availability of reservations
in the Windmill is a good suggestion.
C/Tye asked how the proposed system would have prevented the incident on
Labor Day. What type of signage is being proposed?
CSD/Rose replied that a metal sign would be placed on the facility itself stating
that it is available for reservation. In addition, a notice would refer the
individual to a bulletin board at the rest room building which would cite the
Municipal Code and provide a list of the week's reservations.
September 22, 1994 Page 3
C/Tye asked Deputy St. Amant, if a sign was posted but the permit was not
posted, would the Walnut Valley Sheriff's Department be able to enforce the
reservation.
Deputy St. Amant replied that the signage would have to be something that
could not be removed and the permit would have to be displayed.
CSD/Rose stated that the bulletin board would be used to eliminate the need for
Staff to post each picnic facility with multiple reservations for a particular week
or weekend.
Chair/Goldenberg questioned if it would be Staff's responsibility to post the
reservations at the park.
CSD/Rose replied affirmatively and further stated the reservations would be
posted once a week for the entire week. As far as a late reservation, staff time
could be covered by a late fee.
VC/Ruzicka suggested an updated listing of fees charged by other cities to show
the proposed fees are commensurate with other cities.
Chair/Goldenberg asked Deputy St. Amant for his comments.
Deputy St. Amant stated that the sheriffs have a problem determining which
areas are reserved and how many tables. He suggested affixing permanent
numbers to the tables or their pads.
C/Tye asked if the people seeking permits physically come into the facility to
see what is available for reservation.
RS/Pearlman replied that there are photographs of the areas available and staff
suggests that they go to the site to physically view the area.
Chair/Goldenberg asked if the table area can be permanently marked.
CSD/Rose replied that the tables can be either permanently marked or staff can restrict
what is available for reservation.
Chair/Goldenberg stated that limiting reservable space would be a problem if
Staff is not there to indicate what is reservable.
CSD/Rose suggested numbering the concrete pad upon which the table sits.
September 22, 1994 Page 4
C/Tye agreed and suggested a metal tag on the end of the table or the end of
the bench.
C/Medina suggested identifying the areas by quadrant.
C/Tye feels numbering the tables, 1 through 20 as an example, is better.
Deputy St. Amant indicated that dividing the parks into quadrant would be too
hard to enforce. He also related a situation that occurred at Summit Ridge Park
where they were able to settle a dispute regarding the tables, but they were
called out again because the people without the reservation surrounded the
tables by using the grass area.
C/Medina stated that people will move tables to shady areas.
CSD/Rose indicated that most of the tables are bolted down now.
Deputy St. Amant stated the tables should be reserved first and leave the grass
areas to a first-come, first-served basis.
Chair/Goldenberg questioned how the barbecue areas are handled.
CSD/Rose replied that normally the table and adjacent barbecue is listed on the
permit. He further stated, in his personal experience, barbecues have been
shared.
C/Medina stated he has experience using the parks and feels that sections
would be a better approach.
VC/Ruzicka asked Deputy St. Amant if his main concern is for the tables or the
grass areas?
Deputy St. Amant stated, that in his three years of experience, the dispute
usually involves tables and not the grass areas.
VC/Ruzicka referred to Deputy St. Amant's previous comment regarding the
surrounding of the table area at Summit Ridge Park.
Deputy St. Amant replied that the situation was handled by giving the users a
choice, they either work it out or the Deputies take them to jail, which seemed
to solve the problem.
September 22, 1994 Page 5
VC/Ruzicka feels that part of the problem will be resolved when the posting is
put up, and suggested that the permit be revised to state the specific area being
reserved.
Chair/Goldenberg asked Deputy St. Amant how many calls the Sheriff's
Department receives annually regarding reservation enforcement.
Deputy St. Amant replied that he works one weekend per month and averages
two calls per month.
Chair/Goldenberg suggested a charge of $10.00 for local residents, $25 for non-
residents and a $10 late fee to recover the cost and asked for comments.
VC/Ruzicka asked how close the numbers indicated on the chart for usage
comes to capacity.
CSD/Rose replied that he estimated a capacity of 500 reservations per year. The
actual use was 266, which is about half of capacity. He further stated that the
more organized and more structured the system is, the more people will use the
reservation system. Staff's fee suggestion is based on current statistics with
a higher reservation number in the future, which justifies the lower fee at this
time.
VC/Ruzicka brought a motion to adopt the fee structure proposed by Chairman
Goldenberg.
C/Schey entered the meeting at 8:00 p.m.
C/Medina stated if the park is busy, more people will use the reservation system.
C/Tye feels that if people know there is a reservation system, the number of
reservations will increase.
RS/Pearlman commented that some people who call are very surprised that a fee
does not currently exist.
RS/Pearlman commented that having the phone number listed on the signs will
increase the number of reservations because people will know who to contact.
C/Tye commented that the proposed policy will eliminate the need to "camp
out" for a space.
September 22, 1994 Page 6
CSD/Rose commented that the person who had a bad experience over the Labor
Day Weekend would be willing to go on record by attending a public workshop
and sharing her experience with the Commission.
C/Tye asked if a public workshop is required.
CSD/Rose replied that the adoption of a fee requires City Council action and the
research needs to be done prior to presentation to the City Council.
Chair/Goldenberg asked for a second to the motion on the floor.
C/Medina suggested a reduction from $15 to $10 for residents and an increase
from $30 to $35 for non-residents.
CSD/Rose stated that a cancellation policy of seven days in advance or the
forfeit of the fees paid, which would cover the cost of changing the posting, will
be included. In addition, a weather policy should also be added to the
document.
C/Tye stated that reservations should be rain or shine.
Chair/Goldenberg asked for discussion regarding C/Medina's suggestion.
C/Tye would like to stay with the original proposal of $15 for residents and $25
for non-residents.
VC/Ruzicka would like the fee structure set low with the possibility of raising
it in the future.
C/Schey suggested C/Medina's proposal be placed in the form of a motion.
Chair/Goldenberg suggested adding to his previous motion the cancellation
policy proposed by CSD/Rose as item K to the policy and the weather policy as
proposed by C/Tye, moved by C/Schey seconded by C/Tye and carried
unanimously.
Chair/Goldenberg asked when the proposed policy would be submitted to City
Council.
CSD/Rose replied that inviting user groups and past child care providers to a
public workshop is recommended.
September 22, 1994 Page 7
Chair/Goldenberg asked for a definition of child care providers who would be
charged a fee and those who would not be charged a fee.
CSD/Rose referred to item 1.b of the proposed policy. The YMCA is an example
of a certified non-profit organization who would not pay a fee but would be
required to obtain a reservation and provide evidence of insurance. Peppertree
is a commercial child care facility and would
be required to obtain a reservation, pay a fee, and provide evidence of insurance.
C/Tye asked if licensed day care individuals who take care of 4-5 children would
be included as a profit organization.
CSD/Rose replied affirmatively and further stated that the objective is to know
how many children will be at the parks so that time schedules can be organized.
Chair/Goldenberg welcomed Deputy St. Amant to stay but stated he may be
excused if he desired to leave.
C/Tye questioned the purpose of the workshop.
CSD/Rose stated that the Commission can only hold public workshops, not
hearings and further stated that in the past the City Council has asked if the
public has had an opportunity to comment.
C/Schey asked if the proposed policy can be sent to the various user groups to
be reviewed and receive comments.
CSD/Rose replied affirmatively.
CSD/Rose asked for a clarification of the prior motions.
Chair/Goldenberg stated the motion was to modify the fee structure to $10 for
residents, $25 for non-residents, and the inclusion of the weather policy and
the cancellation fee.
CSD/Rose asked if the late charge was included as well.
Chair/Goldenberg replied affirmatively.
September 22, 1994 Page 8
3. Joint Use Agreement with Pomona Unified School District
Chair/Goldenberg asked if Staff is asking the Commission to recommend that
the City Council approve the proposed Joint Use Agreement with the Pomona
Unified School District.
CSD/Rose replied affirmatively in addition he referred to the classification of
Reduced Costs/Labor Only with the corresponding Fee Schedule for Use of
Facilities to answer a question raised at the last meeting by the Commission.
Time A refers to when the school is open, which would be no charge. Time B
is for the labor of the facility and is most widely used. He further pointed out
that the Reduced Costs/Labor Only applies only to youth activities. Adult
activities would be listed under the Direct Costs category.
VC/Ruzicka moved to recommend City Council approval of the proposed Joint
Use Agreement with the Pomona Unified School District, seconded by C/Schey
and carried unanimously.
NEW BUSINESS
Chair/Goldenberg moved to approve the minutes of July 28, 1994, seconded
by C/Schey and carried unanimously.
INFORMATIONAL ITEMS
4. Pantera Park
CSD/Rose provided an update on the park development process indicating that
the conceptual plan which was approved by the Commission in March will be
going before the Planning Commission for a conditional use permit hopefully in
October. They are still working on the environmental impact report and he
deferred to C/Schey.
C/Schey stated that they must go through a Notice of Process before they can
proceed with a Planning Commission hearing.
CSD/Rose further stated that the bids for the Environmental Impact Report were
just received last week. The Planning Commission is looking at this project as
the last opportunity to add to the park facilities called for in the General Plan.
September 22, 1994 Page 9
The Planning Commission has the authority to alter the plan recommended by
the Parks and Recreation Commission and he encouraged the Commission to
attend the meeting so there are no surprises in what Staff may recommend
through the Planning Commission, such as adding lights to the ball field.
VC/Ruzicka stated that the Commission worked out the best proposal and
questioned the possibility of the lights being approved.
VC/Ruzicka further commented that if they intend to add the lights regardless
of the study done by the Commission, they must have strong backing.
C/Schey stated that the Planning Commission may not be looking at the
practical aspect.
VC/Ruzicka reiterated his concern regarding the suggestion that ball filed lights
be added to the plan.
CSD/Rose stated that he has been notified by board members of different
organizations that they are going to push for lights.
5. Recreation Program Up -date
RS/Pearlman reported that registration for Contract Classes was held on
September 10 at the Sycamore Canyon Park Recreation Office and they are
$2,000 away from their goal. She presented an additional fall brochure which
will be mailed out to the elementary schools.
The adult softball league and basketball leagues will begin Sunday, September 25,
1994. She stated that there is a problem with the scheduling of the adult volleyball
league. Enrollment for the league has declined due to the player's desire for a day
other than Sunday. Staff has approached the Walnut Valley Unified School District
and has been advised that there are no other nights available. RS/Pearlman asked if
the Commissioners could talk with the School District and encourage them to allow
additional uses.
C/Tye asked why Lorbeer is not available.
RS/Pearlman explained that school officials indicate that the school is unavailable.
C/Tye asked, if Recreation could use Lorbeer, which nights would be the best
for league play?
September 22, 1994 Page 10
RS/Pearlman replied any night other than Sunday.
Due to his involvement with the basketball program at Lorbeer, Mr. John
McKitrick was asked which nights he uses Lorbeer. His reply was Monday,
Tuesday, Wednesday, and Thursday.
RS/Pearlman stated that Friday, Saturday and Sunday night would not be
suitable due to the participants and their schedules.
CSD/Rose asked how many seasons of Adult Volleyball are listed in the
Recreation Services contract.
RS/Pearlman replied, three.
Mr. John McKitrick asked what time the facility would be needed, because they
are finished with basketball by 8:00 p.m.
RS/Pearlman stated that 6:30 p.m. to 8:30 p.m. would be required to run the league.
C/Medina suggested the Maple Hill basketball court.
RS/Pearlman replied that an indoor court is required because the league consists of
novices.
Chair/Goldenberg offered the number of a contact with the Pomona Unified
School District, for the possible use of Lorbeer Junior High.
RS/Pearlman further reported on the results of the Youth Baseball evaluation.
They received 29 responses for the Paul C. Grow program and 50 responses for
the Heritage Park program. She also pointed out that a response from the
parent of a six-year-old indicated that tryouts were not necessary for that age
group.
C/Tye asked if the smaller fall brochure was sent to the schools and when.
RS/Pearlman indicated that they were sent on Wednesday, September 22,
1994.
C/Tye asked if the schools have resisted passing out the smaller brochures.
RS/Pearlman indicated that staff obtains permission to pass flyers and the small
brochures through the schools directly from the school district offices. She
September 22, 1994 Page 11
further stated that her sister is involved in the Lorbeer newsletter, and she
suggested that the information regarding programs is included in the newsletter
which is delivered directly to the parents through the mail.
Chair/Goldenberg commented on the difference between the comments "not
competitive" versus "does not want tryouts"
CSD/Rose stated that the purpose of the try outs is to test the skills of the
players to make the teams fair and those comments will be taken into
consideration next year.
RS/Pearlman further reported that one evaluation that came in late indicated that
they enjoyed Mickey McKitrick's umpiring and his work with the kids.
Mr. John McKitrick commented that the program had a good year. It was well
organized and well run and he thanked Staff for a good program.
ANNOUNCEMENTS
C/Medina asked who is responsible for clearing dead leaves from the sidewalks.
CSD/Rose stated that the City contracts for cleaning of 58 miles (includes both sides)
of major parkways, undeveloped area sidewalks, medians down the middle of the
roads, et cetera, but does not include going into the neighborhoods. The specs are
for cleaning once a month at a cost of $56-57,000 per year. One year ago L.A.
County was providing the service and charging $140,000 per year for the same
service. The contractor is doing a good job, the question is how often is the service
needed and how much the City can afford to spend.
C/Medina further commented that it is not the City trees but the private trees
creating the problem.
CSD/Rose concurred and further stated that the specifications for the contractor
would have to be changed to provide for once -a -week cleaning of the neighborhood
streets.
C/Schey suggested trimming trees back to the property line.
CSD/Rose agreed that that would be an option.
Chair/Goldenberg suggested enforcing Codes regarding trees in public areas.
September 22, 1994 Page 12
C/Tye stated that it is a safety issue.
C/Schey commented that it should be done as an abatement process and further
stated, in his experience, property owners would just as soon have the City take care
of it and include the cost in the tax bill.
C/Medina indicated that the basketball court surface at Maple Hill Park needs to be
replaced.
VC/Ruzicka thanked Deputy St. Amant for attending and asked for any additional
comments or concerns he might have regarding the proposed park reservation policy.
Deputy St. Amant restated that there should be a map on the bulletin board of the
areas available to be reserved and that durable signs be posted at each site along
with site numbers so that the policy can be enforced.
C/Schey commented on the proliferation of signs being posted in the medians for
garage sales, etcetera, and asked if they can be enforced through the sign
ordinance.
CSD/Rose stated that signs placed on public property are in violation of the sign
ordinance. Signs must be on private property with the approval of the property
owner. The City Council has authorized staff to hire a weekend and evenings code
enforcement officer and the hiring of that staff person is currently in progress.
C/Tye commented on the residue left when the signs are removed.
Deputy St. Amant asked if there is a section under which they can be cited.
CSD/Rose stated that Al Flores, the City's Code Enforcement Officer, and Jim
DeStefano, the City's Planning Director, know the Code that is appropriate for
enforcement.
C/Schey thanked Mr. Rose for his comments and concurred with Mr. McKitrick that
the baseball program went well and he is looking forward to the basketball program.
C/Tye reported that he is looking forward to the Ranch Festival.
Chair/Goldenberg asked that trash cans be placed in the tennis courts at Ronald
Reagan Park. In addition, he reminded everyone that Diamond Bar Blvd. would be
closed on Saturday, September 24, from 7:00 am to 11:00 am due to the Ranch
Festival Parade.
September 22, 1994 Page 13
Chair/Goldenberg also indicated that he has been asked if the Pantera school site can
be used for additional recreation uses. He has talked to the City Councilmembers
and advised them that it would cost $150,000- $175,000 to grade, seed and irrigate
the 3 acre site, plus the costs for maintenance.
C/Tye asked about the Brian Luttrell event
Chair/Goldenberg replied that a charity baseball tournament is being held Sunday,
September 25, 1994 at the Little League complex on Sunset Crossing. He also
stated that Rudy's Pizza is donating 25% of their sales for the weekend to a fund to
assist the family with expenses.
CSD/Rose stated that he has been offered an opportunity to attend a training
program on trees beginning October 6 and concluding January 19. These classes
conflict with the October, November and December Commission meetings and he
requested that the Commission either reschedule the meetings for those three
months or conduct the meetings without him.
C/Schey suggested that the meeting be adjourned to October 26 and the dates for
November and December can be set at that meeting.
ADJOURNMENT
At 9:25 p.m., it was moved by Chair/Goldenberg and second by C/Tye and carried
unanimously to adjourn the meeting to Wednesday, October 26, 1994.
Respectfully Submitted,
/s/ Bob Rose
Bob Rose
Secretary
Attest:
/s/ Mike Goldenberg
Mike Goldenberg
Chairman
— DILIP VATEL, D.D.S.
12151 South Dianrund Bar Boalevard
Dianionil Bar. California 9176:5
Telelihone: (714) 861-0818 t,
Date: Oct. 11th,1994
To,
Mr. Terry Belanger
City Manager
City of Diamond Bar
21660 E. Copley Dr., Suite 100
Diamond Bar, CA 91765
Reference: SASA.K Corporation Development
Morning Sun Drive
Dear Mr. Belanger,
I am familiar with Mr. Amrut Patel's development in the City
Of Diamond Bar. I personally talked to Mrs.
project and I found out that she will su Ansari regarding this
Planning Commission approved thisPport the project. However,
21 lot project in July 199; and
since then Mr. Patel's project have not been processed further for
approval of the Council Members.
Our community is concerned regarding
unresolved issue. Mr. Amrut Patel is ver this outstanding
and our community is concerned about is Active
project.
It
should have been approved long time before. g P It
Reviewing his plan by our common friends who are engineers,
the plan does not have significant change or impact than approved
by Planning Commission. According to the opinion of Engineers this
plan does meet all Hillside construction requirement and should be
approved by upcoming council meeting on October 18th, 1994.
This project will bring city fees, school fees
$ 80,000 yearly property tax. Besides these revenued Iover also
understand that it will also solve some of the storm drain problem
and will bring more value of the surrounding properties.
1
o
'
9-.
iLIJ
I am familiar with Mr. Amrut Patel's development in the City
Of Diamond Bar. I personally talked to Mrs.
project and I found out that she will su Ansari regarding this
Planning Commission approved thisPport the project. However,
21 lot project in July 199; and
since then Mr. Patel's project have not been processed further for
approval of the Council Members.
Our community is concerned regarding
unresolved issue. Mr. Amrut Patel is ver this outstanding
and our community is concerned about is Active
project.
It
should have been approved long time before. g P It
Reviewing his plan by our common friends who are engineers,
the plan does not have significant change or impact than approved
by Planning Commission. According to the opinion of Engineers this
plan does meet all Hillside construction requirement and should be
approved by upcoming council meeting on October 18th, 1994.
This project will bring city fees, school fees
$ 80,000 yearly property tax. Besides these revenued Iover also
understand that it will also solve some of the storm drain problem
and will bring more value of the surrounding properties.
1
will kindly consider factual matters
I will appreciate if you it any political
and approve Mr. Patel's project rather than making
issue.
Thanking you in advance,
sincerely,
(Dilip G. Patel)
2
L RECEIVED 10/13 16:ZIJ 1994 FIT
OCT 13 194 16: 37 SAGAK INC 995-7520 P.01
arno and
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tsc T6ast% are business Veoplo such as sUbisers, doctor,
�1svary werous! and helpful to out awlety and he Is also one Qf the mot
I x1dy. 6 is also as outstanding 01thM.
andeirstar d that recent &vahlon Is contrary to t1w Previous dwI401k W�w
DjOCLi I i ,
bort, recent kel4jot I f dw plinn1r4 commission is tkannful, and eecmonswal was to
not limited to his rig its for diveloimltnt
)a of our mu.phy eaders and professionals %'w the, Patel pmjset w4 dr&)Vtn& was
the eity, I Ink Patel meets 'a�l requirements on his project. So withOul GO VOlki:
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you app pitcVs project k upcoming meethi on October 18th, 1994.
krtc part of Ur acro miry livbg in the city of Diamond Bar. It fS lat I 60q$ place to livegor 4.*a il e0mil to sothat we h 1
le 2k# we h e ft've strong lffi&rship in thjS'cjjy. We request to Q.tY
I- 111:4W,
;46"s NWW a die INtelpr6ject. out community will aporecia youi ation Xd
cion rowt 51ahwe ;o�44t'
If ov have du�
71 718.11372,
tioni or i F I eoulc be of any more WN PIOW 6W't hfthzt4 to call Me at 1!
Sincerely Yours,
ei 1.4
Mman Adial
'President ;
S.C. Gujarati Cultural tocioty
RECEIVED lOCT-12 1941WED 15:36 yID M&P ROCKWELL DOWNEY TEL 3,
AT
— _ N0:1-310-922-5524 #032 P01
Past-It- Fax We
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1650 MEADOWGLEN ROAD
DIAMOND BAR,CA.91765
Fac# 9o4?-g T
3117
o°"
DATE: OCT.12,1994
Mr, James DeStefno
Planning Development Director
City of Diamond Bar
21660E.Copley Drive, Suite 190
Diamond Bar, CA.91765
Re: Development on Morning Sun Drive
Dear Mr. DeStefno:
The letter written here is as a request to you about City Council's approval on
Mr.Patel's proposed project on 21 units on 21 lots ( one unit per lot). As a resident of
Diamond Bar for 17 years, I am writing this request as a concerned community
member.
Mr. Amrut Patel's project was approved by the Planning Commission in July 1993.
Environment Impact Report (EIR) was also certified and approved by the City Council
in early April 1994.Recent general Plan should not have any impact or effect on prior
approvals of Mr. Patel's project plan.
Mr. Patel's community and some of Diamond Bar local residents feel that his project
plan be approved on October 18,1994 City Council meeting. His plan was made in a
total compliance to city council's requirements and to the environmental impact
requirements.
This project when completed and become operational, the City of Diamond Bar will
benefit in terms of school fees, city fees and over $80,0001 a year in Property Taxes.
It seems that one of the great benefits to the neighbourhood will be a solution to the
serious problem of Strom Drain. The property values of the neighbourhood homes
may Increase In today's real estate market.
Mr. Patel has so far paid $30.000 to the city and $20,000 to an outside engineer for the
above project. These expenses were ocurred in order to satisfy city staff's
recommendations. Mr. Patel has paid double fees(8%) instead of 4% per land area for
not to have open land for park or to donate the land to the city.
Finally it is my understanding that the Diamond Bar City Council is providing excellant
public service but in Mr.Patel's case somehow the final approval by the city council is
being delayed or being over -looked and not being approved sooner as it should be
after all previous approvals.
[ RECEIVED 10/12 15:44 1994 AT 909-861-', -f H» , ,
OCT -12-'94 WED 15:37 :D:M&P ROCKWELL DOWNEY TEL NO:1-310-922-5524 #032 PO2
Due to this delay, Mr.Patel is suffering a great amount of financial loss and agony. His
community is very much concerned about his project and it is my request to consider
his project for final approval in a timely manner.
Thanking You,
Sincerely,
(K. Ft. Raval)
C.0
Mayor: Gary H_ Werner
Mayor Protem: Clair W.Harmony
Council Members:
Eileen R. Ansari
Phyllis E. Papen
Gary G. Miller
C RECEIVED 10/13 11:06 1994 AT 909-061-311-1 PA6E
C.KOTECHA INSURRNCE TEL:1-714-860-7765 Oct 13 94 10:50 No .001 P.
Cyu'.rvla /KA1rWhW
23493 Golden Springs drive
Diamond Bar, Ca. 91765.
(909) 861 3000
+.cs •-
October 14, 1994
cs
r -
TO:.
Mr. Terry Belanger, City Manager,
City of Diamond Bar, Ca.
-
1~I"i
Ref: SASAK Dev. on Morning Sun Drive, D. Bar.
Having been a resident and a businessman in the City of the Diamond Bar since 1973, my
intervention has been sought by Mr. Patel & the well-wishers of this project. May i also add that 1
was honored to be a member of the GPAC.
It is my understanding that subsequent to Mr. Patel's original submission of the plan of
development of his land in question, he has made alterations to the plan as required by the City
F.ngineers,thereby complying with the grading and other requirements.
Since my involvement these last three days, 1 have wade tireless efforts to understand the issues
behind unwillingness of the City Council members to approve This Project as submitted. l find in
part, that the misinformation on the number of units Mr. Patel Is able to build is 181 This number
has never been solicited; 1 have been unsuccessful in locating the source of this incorrect number
as it has never been sought by the developer! This fact was further affirmed by the planning
))evelopment Director in a meeting of 9.20.94 where. all the Council Members and the. City Staff
were present. The Developer has always been seeking 21 Units III
whilst recognizing that changes in requirements have occurred since his original submission
and the approval thereof,-pmrp>».l$e,i►fr.,..Putal is.►y(11Ing..in..dPnAt��ome i:30t7 a unit.which
.the Ci.ty.CCp.IlACIL1IiRY ' efpr the abnrogriate yub" good,
In the interest of time, I am concluding my appeal for approval, hoping that you or the City
Council Member will call on myself should there be a need for additional clarifications.
Respectf
ully Submitted,
Chiman Kot���
Ir PFEILER & ASSOCIATES ENGINEERS
CIVIL ENGINEERING - SURVEYING
612 North Diamond Bar Boulevard - Diamond Bar, California 91765
(909) 860-5850 - FAX (909) 860-3967
October 13, 1994
t:a
Honorable City Council CD -
C
City of Diamond Bar —+
Diamond Bar, CA 91765-4177 x
Subject: Tentative Tract No. 51253
Honorable City Council:
-;
We thank you for considering our request to approve the above -n.
mentioned project. Over the many months that this project has been
under consideration by the City Staff and governing commission,
there have been significant changes in the project precipitated by
the withdrawal from your consideration the adjacent property which
was an integral part of our original grading concept and layout.
Consequently, we have had to adjust our site grading and layout.
The City Staff has been working closely with us to address the
issue raised by these changes. The Staff's concerns were expressed
to us in a letter dated October 3, 1994, which we have addressed in
a series of meetings over the last two weeks. The summary of our
response to these concerns are discussed below:
1. Grading - The grading of the site has not appreciably changed
from the original layout in terms of pad elevations, street
grades and the number of lots. However, because the adjacent
project, which was an integral part of our site grading and
street layout, is no longer going forward, a number of
changes must be made to allow our project to stand alone.
The two most significant changes are off-site grading and the
grading quantities. The off-site grading is required since
the adjacent site is not now going to be developed at this
time. Originally the grading for our site and the adjacent
site were mutually supportive. The adjacent owner (Walnut
Valley Unified School District) is willing to allow this off-
site grading on their property to the extent necessary to
support our project. Originally, a significant amount of
excavation quantity was allocated to adjacent project. This
excavation quantity must now be included in our excavation
quantities which has significantly increased our excavation
and export quantities.
Honorable City Council
City of Diamond Bar
October 13, 1994
Page 2
We examined the possibility of raising the site to balance
the excavation and fill quantities; however, raising the site
to accomplished resulted in street grades greater than 20t,
which was impractical. We are presently working with the
School District to place the export onto their adjacent
property. If we do have to export material to another site,
it would require 200 truck trips per day for six weeks.
2. Street grades - The maximum street grades are the same as the
original layout. Our street and pad elevation for the upper
cul-de-sac are within + .50 feet of the original layout and
the street elevation at the intersection of Patel and Sasak
Place is also within + .50 feet. Because of the relatively
short distance between these two points, which is the same
for both layouts, there physically cannot be any significant
difference in the maximum street grades.
3. We have engaged in an oak tree count which is currently under
way. We are prepared to conform to mitigation measures
necessary to offset the impact of our project.
4. Drainage - The existing drainage system to which our site
drains is a L.A.C.D.P.W. facility with adequate capacity to
accommodate our site drainage as well as the current
drainage. We are currently in contact with the County to
determine if they will require any modification to the
current inlet as the result of our development. No decision
at this date has yet been made. Our project will also
eliminate several ongoing drainage and erosion problems along
Morning Sun Avenue.
We have worked closely with the City's Staff to address these
concerns regarding this project. We believe our project will be a
significant benefit to the City of Diamond Bar financially by
providing the City with the up front development fees and on a
yearly basis an excess of $80,000 in property taxes. We are
further benefiting the City by contributing to the installation and
upgrading of several traffic signals. Further we would like to
propose a $300.00 per unit fee to be directed to a City fund such
as park and recreation funds, the library, or some other need that
the council deems appropriate.
Honorable City Council
City of Diamond Bar
October 13, 1994
Page 3
We think that this project will provide an additional 21 high
quality housing units to the Cities existing housing base and will
improve the housing values of the adjacent property owners. We
thank you for considering our project and would respectfully urge
your approval of our project.
Respectfully Submitted,
PFEILER & ASSOCIATES ENGINEERS INC.
By
�L—j LMAtA JJW
Ly J. Mutch, P.E.
Transpacific Management Co,
CORPORATE
12807 Hidden Creek Way* F; 18380 Roecoa Blv�, �k210
CarritDa. CA e0 -7Q Nuye. CA 81408
October 11, 1994
Mr Patel
SASAK CORPORATION
P O Box 1153
Upland, CA 91785.1153
RE: Pathfinder Homeowners Association
Dear Mr. Patel,
The Board of Directors of the Pathfinder Homeowners
g Assoaation
the mime to your
informtthe oarduring
d otherrmmemberrss of wbatA o �lagns
are. Y P
PLEASE REPLY T0;
a CERIRITCOIS
0 VAN NUYE3
We were assured by your statement that you plan a quality
development with home sizes of approximately 2500 square foot
to be sold at around the $300,040.00 range.
Our only other concern is whether the new owners in your tract
will become members of the Pathfinder Association, as you are. The
question will be settled and legal status determined alter approval
is granted by the City of Diamond Bar's City Council.
If the information you conveyed during the meetif is fatal, theBoard of Directors, in behalf of the Association will have no reason
to take le4al action against our development. 'The number of homes
meowed will be also deterutined by the City Council, and no more
than twenty-one (21) will be built, as you mentioned.
Again, thank you for your time. We hope that the City Council will
act on yourreject in a timely fashion. Should you have any
questions, please do not hesitate to call this office.
Sincerely,
auffman
CoffadniOn Behalf oof the Board of Directors
PATHFINDER HOMEOWNERS ASSOCIATION
CD
C-?
(71 4) 636-BB7!M • (81 9] IiO1-Q6OO 0 FAX (31 O) 928-CI'.5M5 • FAX (S1 e) 893-48083
10/13/94 09:30 $714 727 7097 ASL CONS 2001
Post -IC Fax Note 7671
°°tQa QLO-
From \lk,44 K
Gomem w s. d �.
Co. 214
Rhone M
pwe t
Fax# lw�t
Fax•
Mr. Terry Belanger,
City Manager,
City of Diamond Bar,
21660 East Copley Drive, Suite 200,
Diamond Bar CA 91765.
Vinod S. Kasbymp, P.B.
21452 Chirping Sparrow Rd, %2
Diamond Bar CA 91765. c:)
October 11, 1994. c")
Subject: Development of Mr. Patel's Property: Sasak Corporation
in Diamond Bar.
Dear Mr. Belanger,
I understand through the Indian community in Diamond Bar that Mr.
Patel is not being accorded the same rights and privileges for
developing his land as some of the other citizens of Diamond Bar.
In fact there is a distinct concern in the community that Mr.
Patel's development is being singled out and there are certain
special interest groups who are actively looking for ways and means
of derailing his project by changing agreements already made and
precedents already set.
We look forward to your cooperation and assistance to make sure
that the American tradition for justice and your office's efforts
are actively used to put the Indian community's concerns at rest.
We look forward to your cooperation in resolving this touchy issue.
sincerely,
\/A�AdA-�1\ -
Vinod S. Kw hyap.
I wanted to talk about the "Talk Of The Town" which I am sure that
you are aware of it and it will be heard all over the town in the
upcoming months.
Though I am not the sponsor of the above mentioned project in
anyway, neither am I in favor nor am I against the project, I do
feel that this particular project has been handle in a fashion that
is unheard in the modern society. As much as we pretend to be the
best managed and open minded City in the Country, we tend to ignore
that other Cities are using us as a Role Model in a humiliating
way. The Role Model that I hope they never follow. The Role that is
not worth calling Model. The Model that in High Tech language
should be "DELETED" and can't be "UNDELETED" even by using DOS
6.22.
I am one of the many others who is extremely concerned with the
outcome of the Council Meeting on October 18, 1994 when this
project will be discuss. Even though it is not your responsibility,
I do highly recommend that you educate and give enough background
material and make sure that each Council Person take practical and
not a Political approach to successfully put this matter to end.
I appreciate your position and thank you for your time.
Sincerely,
Haji Dayala
Resident of Diamond Bar
(909) 398-5650
cc: City Council of the City of Diamond Bar
Mr. Gary H. Werner, Mayor
r-�
CJ
M
October 11, 1994
o
Mr. James DeStefano
o
Community Development Director
3
c
City Of Diamond Bar
z
21660 E. Copley Dr., # 190
r`
Diamond Bar, CA. 91765
Subject: SASAK Project Tentative Tract Map No. 51253
Dear Mr. DeStefano:
I wanted to talk about the "Talk Of The Town" which I am sure that
you are aware of it and it will be heard all over the town in the
upcoming months.
Though I am not the sponsor of the above mentioned project in
anyway, neither am I in favor nor am I against the project, I do
feel that this particular project has been handle in a fashion that
is unheard in the modern society. As much as we pretend to be the
best managed and open minded City in the Country, we tend to ignore
that other Cities are using us as a Role Model in a humiliating
way. The Role Model that I hope they never follow. The Role that is
not worth calling Model. The Model that in High Tech language
should be "DELETED" and can't be "UNDELETED" even by using DOS
6.22.
I am one of the many others who is extremely concerned with the
outcome of the Council Meeting on October 18, 1994 when this
project will be discuss. Even though it is not your responsibility,
I do highly recommend that you educate and give enough background
material and make sure that each Council Person take practical and
not a Political approach to successfully put this matter to end.
I appreciate your position and thank you for your time.
Sincerely,
Haji Dayala
Resident of Diamond Bar
(909) 398-5650
cc: City Council of the City of Diamond Bar
Mr. Gary H. Werner, Mayor
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 Coouuncilmember Ansari
FROM: Linda G. Magnuson;' Accounting Manager
SUBJECT: Voucher Register, November 1, 1994
DATE: October 26, 1994
Attached is the Voucher Register dated November 1, 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 November 1, 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 General Fund $469,814.92
112 Prop A Fund 3,672.00
118 Air Quality Improvement Fund 223.34
125 Community Dev. Block Grant Fund 2,600.22
138 LLAD #38 Fund 15.36
250 CIP Fund 2,497.61
TOTAL ALL FUNDS $478,823.45
APPROVED BY:
4'�X- 1� *T,4"�
Linda G. Magn on
Accounting Manager
City Manager
Eileen R. Ansari
Councilmember
���'451�'232O 1 54�1�
*V0 '4551'23�5 1 51�O1A
Bni
1 �10�A
T����ENDOR ----/ 2,T@.85
l0/26 11 Engr,r-, I SLbscrptn-La i 3O.O0
Member Dues -!-Li 130.0O
TJTAL JbE VENCOR > 160.00
12485 Recreat1oo Refund 6V.O0
TCTAL -DUE VENDOR —' '- ) tO.O0
ENI
� 51lO�A 01/C��4 10�� 1 0259�� �� Wks ��Iitu�s 54.O2
i4L DUE VEHDOR --------
R--C,
---R--C, on RefWlld 46.CW
VE, F.
-------------------------------------------------------------------------------------------------------------------------------- ---
4
4
Ji_
I B
�F--- — L-;7, ---- - - - - - - - -
A w*.
Sept -ft�- Abatemert
--.44
iJ u
-z-FP' 94-6-4
Inspection Svcs
01
'CE -
ct ._7de Enforcement Svcs
Al
1
.3 c T-- r" I a T,, C n i. d g SVCS
Oli
714 S - Ij"
ins[IeEtionSvcs-RL -94-12",
117iL'el IDUE VIENIF"OF -- - - - - - - - -
d n
- W
Ren-ai
—A
en Ei
*1
T T 11 f-, F - --------•
ar
7� J. - - - - - - - - - !
__r____ z-
1+ ALF c
'IF
7
4'
0
0
m 13 Q
4�
Dcc:
o i u m 1 - 1 F ser u.
S p
5-4
I
TO, Dl IE )ENDOR - - - - - - - -
TfDIT'21L flUz� yEN"R --- - - - - - - - -
L
,QJ
--- --------
D VEINDIOF -- --------
J:
A:- 1 4
5-44
HDT-H-L DUE' VE'NE.—
T E
4 21
-OTAL DUE VENDOR --------
53,78
*QQ i -43 1 21226
-tl
Iv,
Q
Fhne S�-cs-SycamorE Cyn
LOTAL DUE )ENDCOR --------
:3 T E C a I t�u r a
TE
�-(-i i -44 J- 4-1 2=
Zmi�----Hmer fir --
h L
---2
_fit
�or
JJE
n i - L1 ML e
T-7� L F )Pr, -,i -,R --------- :
y. cm r e L
'4
.1.=
.-7
CC- FI
-4v:. -4-
L- vEl -Lul - --------
- - - - - - - - - -
----- ------------------------------ -------- ----------------- -------------------------------------------- --
Li
4 4 1
'100 -4-t
-447 i
-
--- A! E Y E N 0-i R
E �ENDOF
J,
4,
4'
-0 14,
'7-
r..1-11�
-- --------
--- ---------
C-N 2
=7
7.
7..�
w--a-W- r_i.
4 5211 MIA
n it
i a
k"Ins: :
. _-. - U_ _t__ �;Qt:
1124
:i-1L WE ViN_'Jh
47E. 20
}+ 50AWY -
1512 -
--a-4___ ir..
. J1•-1L _ _1
lk.
.1;1'1
___!-__
_1_^1•, Li itj Jup�.li iC�-`!rt!�� .t.
._!_,_-
,-_
ii;-�%i
sv_!_=
E
Error
r
*&..-4SI3 r2..
.4; 1 51
1!On6
11MI
iK_N:r-.
Meaning Egpiiw+rt!,r'rk:
1NQ5
.�_. -_:,4
Cleaning Upp i2S
255.,5
TOTAL I1 E ')ENDER---------)
6.1:.
ti---47.-
4 11 1A
10j26
1a/i'.
1-4�7!J
RecreaT ;Jr R2i_ry
5710 . __
;C?�r 0IR -.,
5,(".
v._rcc :Alarm a:.r
NorcoAlarm
:-_-a_a_ 5551
4 _11_ W/Ah
1026
1151
44z
tali Sz_,Systm-Hertge
62F.140.
_-
_ _1.!_1� _ : ...
±i
li;'!:1
$+;
-_..ate Fire Airm-Hertge5
.C;p
TOTAL DUE JENIOR "--------1
- =.00
�;i- r•^„-.,,.-. -,
': fir. � ,y
D, 4
- =1a_.L SaAW
146
101
WA,�
„ep ti rp. _ wor:.- ar:tea
357. 62
0604
511HE V2150
1006
.='i'1
7__ _
a _Era rr._-Reprographics
_1..:
5"52 SoLw
1;?h
M1
80182
Pa,_ra ^E:-:2prLy, ap-_.s
.t,_.
2_•-43y!_ -'1- ----4
-- 22111_ _. ra_:
... _�
♦1' -
-- -Jr�
Fri5-- 'ant`_`r¢ :UP
L504
*5&410645 Ot534
2 a a--
-
1
=
ier Pw D .e -
42. W.
1',_ AL DUE VENDOR--------
35. fr
^
����u.............^�/iz.�+
V[WL.DR NAME YENUUR lO.
ACCOuNT F,_�Zj:.Tz-WD BATCH PO.LlNE/mO.�wTZ �wvC�CE JE��lPTlOw AnOu T D��
------------------------------------------------------------------
R & D Bluepr��
R&G lue
*250'451V-64�1 06495 4
511��E 0�/212V
10,'26
11/V�
1�07415
Bluepr,nting'Plarming
63.LY
*25�4510'64115110�E
o1/21I7
10/2�
1�/O1
10375
Blueprint'Pl�ming
63.LY
71T -I- �� VENDOR ---->
12u.38
Remedy The Intelligent
Reme y
001'42�0'4OO
h,E1;J,2�
1L/V1
293698
Temp.. rs i.Ping9�0
00.27
TOTAL DUE VENDOR ---->
6itz Camera
Ritz Came
mN�-�w5-1�W I
51101E O1/2225A
10/26
11/V1
1106788
Film-Wewsletter
TOTAL DUE V[NDOR ---->
11.15
Riverside Blueprint
31O�415 06YY4 12
510iE J�/2i52
�V/2v
�1/O�
7���
Pancera Pry:—Blueprints
26.67
TOTAL DUE VENDOR ----/
26.67
��Durlguez. Nora
+O��'23O0-1002 4
ii It
10/26
1l/0l
Refund -Heritage Park20.0�
T[�AL �� VENDUR ''''''' >
20O.00
'0J�'34�8 11
51���A
10/��
11/01
12u55
Recrea��an ReFunn
38.00
TGTAL DUE YEKNR -- >
38.0O
6an Gabr�e� vailey
�Gv[C�
+i`��-4���-2���
rt�s'��ksnzs 1O/i9-Butz��
l5.30 1l/O1/f4 SO�C0��&7
"rsian
Hyatt
1. 51101F
C
I 411'-11H
i 1
r
- 4
AL
T3FAL DUE VENDQIh-------- \1
RE--reat4- Re-und
CI
kA.
TSLDUE EOCR --------
-Qnt
T07�; -0 A MOUNT ----
I
DuE VENDOR --------
Air-F.--re 'Mgr Mtg
DUE VENrz
NJR --------
41'
i Hai I
------------ -------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
.1- - I F - -- -2 7- --- - J--
2
125 --DBG -L 2 PA Z-
22 21111 -
Amp 15
08 LAD W Fad An:
T: -:T.: : ----- — ----- ------------ ------------ ------------ ------------ ------------ ------------ ------------
05. vO
ALL FUNDS 21t --:4i�
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. G.3
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 1, 1994 e REPORT DATE: October 27, 1994
FROM: Linda G. Magnuson, Accounting Manager
TITLE:
Treasurer's Report - August and September, 1994
SUMMARY:
Submitted for Council's review and approval are the Treasurer's Statements for
the months of August and September, 1994.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Spec. (on file in City Clerk's Office)
_ Ordinances(s) _ Other
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed Yes No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
Y:
Ter ence L. langer F ank Linda G. M g son
City Manager Assistant City Manager Accounting Manager
.v J r� E 1) ) l4• j
10/26/94 14:46 x`714 740 7992 CARL WARREN ORG. 2001
by
JC. J// c,�►rz, wax, a� ca 94 OCT 2 6 P''
Ir..uran:r, :\at:r.�,��. � l 2: 4 6
C l.:im. \lan.:,fivxiil .u'..I Aiminislrm;, -
. T'na Cln I ri,
uil�kil
urange. CA JZbnb
NUil; 1'.0. &iN _ 1I 41
SantaAr6l, CA Q-71ALi;N)
17L41740-74"
(6011! .Ni -iMc
FAX 714-740•^9"7
TO: City of Diamond Bar October 22, 1994
ATTENTION: Tommye A. Cribbins, Deputy City Clerk
RE: Claim
Claimant
D/Event
Recd Y/Off ice
Our File
Prado Y. Diamond Bar
Prado, Raydine
10/15/94
10/18/94
S 80125 AHK
We have reviewed the above captioned claim and request that you take the
action indicated below:
[XZ] CLUX REJECTION: Bend a standard rejection letter to the claimant.
[ ] CLAIM INSUFFICIENCY: In accordance with the telephone conversation of
* a notice of insufficiency must be mailed to the claimant no later than
*, 19*. THIS MUST HE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT .OF
THE ORICINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "RE.JE ION LBRR'ER, See
Government Code Sections 91-D and/or 910.2 and/or 910.4.
[ ] AMENDED/SME LEMENTAL CLAIM: Send a standard rejection letter to the
claimant, rejecting this additional/ amended claim.
[ ] LhTZ CLAIM RESPONSE: Return the original claim material to the
claimant, advising that the claim is late and that their only recourse is
to file a written "Application for Leave to Present a Late Claim". (Retain
copies in your tile.) THIS NUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS
OF RECEIPT OF THE CLKIX IN YOUR OFFICE. DO NOT SEND lei RREJECTION- LETTER,
See Goverment Code Section 911.4
[ ] APPLICATION REJECTION., Reject claimant's "Application for Leave to
Present a Late Claim. See Government Code section 911.8.
[ ] TAKE No ACTIQN: Defer any written response to the claimant pending
our further advice.
Please provide us with a copy of the notice sent, as requested above. If
you have any questions please contact the undersigned.
Very truly yours,
W & COMPANY
Dwigh J. R
cc: SCJPIA
TO PERSON OR °R.OPER Y CLAIM No.-.----.--__-- -----
tt I i i; v
rNNSTRUCTIONS
I. Claims for death, injury to person or to
later than personal property must. be flied not
6 r+os. atter the occurrence. ;Gov. Code Sec. Ill.')
2. Claims for damages to real property muss be filed not later than 1 year after the
occurrence. (Gov, Code Sec. 911.2) �(� I + 8 PN +?: + 3
3. Read entire claim before filing.
4. See page 2 for diagram upon which to locate place of accident.
5. This claim form must be signed on page 2 at bottom.
6. Attach separate sheets, if necessary, to give foil details. SIGN EACH SHEET.
7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a)
To: The City of Diamond Bar
Na of Cl imant---------
C �� ��P J O Age of Claimant (if natural person)
Home A dress of Claim140
ant U City and State
Home elephone Number
I ! COu C f 1.� �.� �y� �) `� i o2c1
Business Address of Claimant V City and State Business Telephone Number
Give address to which you desire notices or communications to be sent regarding this claim:
SGme- as about
How did DAMAGE or INJURY occur? Give full particulars.
leans o��.r ;��o �-r� as
rt �jS C I. r\ 7 C I.2 E I'1� Gt rL 1 y�a'2r I t .c'
m� - r `e -`Q-
When did DAMAGE or INJURY occur? Give full particulars, date, time of day:
sour 8a �-( OC -E «i hI� P YY\
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 measurements from landmarks:
k
�N fiat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or
damage, if known:
I V `.per h ) a ')---fir-2�
(�� %�'� �a n -E. ct v�d► ��v� (� ti L2. vi a vta-e—
'What DA.%L?GE cr INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
What AaIOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of
computation:
Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of
computation:
SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE
Insurance payments received, .f an a..d n -Ines ut i.surance Compa .y:
Expenditures made on account of accident or :n;ury: (Date — Item)
(A�n;oun:
Name and address of Witnesses, Doctors and Hospitals:
READ CAREFULLY
For all accident claims place on foL'ox•ing 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" location of yourself
or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or your
vehicle at the time of the accident by "B-1" and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR AUTOMOBILE ACCIDENTS
FOR OTHER ACCIDENTS
It
SIDEWALK
Signature of Claimant or person filing on his behalf giving Typed Name:
relationship to Claimant:
42 Ila
Le
7=1S "1'ST BE FIND WITH CITY =R.K (GOV. CDDE SEC. 915a) .
Date
CITY OF DIAMOND DAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 1, 1994 REPORT DATE: October 27, 1994
FROM: Bob Rose, Director of Community Services
TITLE: Resolution No. 93-54A of the City Council of the City of Diamond
Bar approving the application for grant funds from the County of
Los Angeles Regional Park and Open Space District specified project
grant program for the design and development of Pantera Park.
SUMMARY: Resolution No. 93-54 was adopted by the City Council on June 6, 1993
and was forwarded to Los Angeles County along with the application for grant
funds for the design and development of Pantera Park. Staff was recently
notified that a sentence was inadvertently left out of the original
resolution and that a replacement resolution must be submitted with the
correction the project is an important park and recreation project for
the City of Diamond Bar" included for the application to be processed. That
sentence has been added to Resolution No. 93-54A, per L.A. County's request.
RECOMMENDATION: It is recommended that the City Council adopt Resolution No.
93-54A which corrects Resolution No. 93-54 that approved the application for
grant funds from the Los Angeles Regional Park and open space district
specified project grant program for the design and development of Pantera
Park.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
X Resolution(s) _ Bid Specifications
_ Ordinances(s) _ Other:
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes _Db
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:
REV WE BY
Ter ence L. Bela er Frank M. U6 Bob Rose
City Manager Assistant City Manager Community Services Director
RESOLUTION NO. 93 -54A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF
LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED
PROJECT GRANT PROGRAM FOR THE DESIGN AND DEVELOPMENT OF
PANTERA PARK.
WHEREAS, the people of the County of Los Angeles on November 3, 1992, enacted
Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree Planting,
Senior and Youth Recreation, Beaches and Wildlife Protection (the Proposition), which provides
funds to the County for the purposes of acquiring and/or developing facilities for public
recreational facilities and open space; and
WHEREAS, the Proposition also created the County of Los Angeles Regional Park and
Open Space District (the District) to administer said funds; and
WHEREAS, the District has set forth the necessary procedures governing local agency
applications for grant funds under the Proposition; and
WHEREAS, the District's procedures require the Applicant to certify, by resolution, the
approval of the applications before submission of said application to the District; and
WHEREAS, the Project is an important park and recreation project for the City of
Diamond Bar; and
WHEREAS, said application contains assurances that the Applicant must comply with;
and
WHEREAS, the Applicant will enter into an Agreement with the District for acquisition
or development of the Project;
NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, CALIFORNIA HEREBY:
Section 1. Approves the filing of an application with the County of Los Angeles
Regional Park and Open Space District for funds under Section 8.b.2 of
Proposition A for the above Project; and
Section 2. Certifies that said Applicant understands the assurances and certifications
in the application form; and
Section 3. Certifies that said Applicant has, or will have, sufficient funds to operate
and maintain the Project(s) in perpetuity; and
Section 4. Appoints the City Manager as agent of the City of Diamond Bar to conduct
all negotiations, and to execute and submit all documents including, but not
limited to, applications, agreements, amendments, payment requests and so
forth which may be necessary for the completion of the aforementioned
Project.
Section 5. Directs the City Clerk to certify the passage of this resolution by the City
Council of the City of Diamond Bar, and to cause the same to be posted in
three (3) conspicuous places in the City of Diamond Bar, and it thereupon
takes effect.
PASSED, APPROVED AND ADOPTED this day of , 1994
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council
of the City of Diamond Bar held on day of , 1994, by the
following Roll Call vote:
AYES: COUNCILMEMBERS -
NOES: COUNCILMEMBERS -
ABSENT: COUNCILMEMBERS -
ABSTAINED: COUNCILMEMBERS -
FILE COPS
November 7, 1994
Harry W. Stone, Director of Public Works
COUNTY OF LOS ANGELES
900 South Fremont Avenue
Alhambra, California 91803-1331
Dear Mr. Stone:
At their meeting of November 1, 1994, the Diamond Bar City Council
adopted Resolution No. 94-50 granting consent and jurisdiction to
the County of Los Angeles in the matter of County Lighting
Maintenance District 10006 and Landscaping and Lighting Act
District LLA -1 City of Diamond Bar Zone Project No. 284-107.
Pursuant to your request, enclosed please find two fully executed
Resolution No. 94-50.
sincerely,
Lynda Burgess, CMC/AAE
City Clerk
/tc
Encs.
CITY OF DIAMOND DAR
AGENDA REPORT
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AGENDA NO.
MEETING DATE: November 1, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Annexation of street lights on Benfield Place, Leyland Avenue,
and Newbury Way to the Los Angeles County Lighting Maintenance
District (LMD) 10006 and County Lighting District LLA -1.
ISSUE STATEMENT:
To annex street lights on Benfield Place, Leyland Avenue, and0e6bury Way to
and County
the Los Angeles County Lighting Maintenance District (LMD) 0
Lighting District LLA -1 -
RECOMMENDATION:
That the City Council adopt Resolution No. 94 -XX granting consent and
jurisdiction to the County of Los Angeles to annex street lights within the
territory described in the attached legal description and shown on the
attached map, within the City of Diamond Bar. Further, it is recommended
that the City Clerk be directed to provide two (2) executed copies of the
Resolution of the City Council's action to the Los Angeles County Department
of Public Works.
FINANCIAL SUMMARY:
The proposed recommendation has no impact on the City's Fiscal Year 1994-95
budget.
BACKGROUND/DISCUSSION:
In order to provide funds for operation and maintenance of street lights, the
area legally described and shown on the attached map, needs to be annexed
into the County LMD 10006 and County Lighting District LA tea emission
to
annexation, however, the County of Los Angeles needs to be q P
from the City of Diamond Bar. The annual cost per residence as provided by
the County is anticipated not to exceed $48.00 depending upon the level of
maintenance activities.
PREPARED BY:
David G. Liu
Tseday Aberra
O�J�SY OF LOS 4,V
f ♦
♦ f ♦
• C�LIFORN��'
HARRY W. STONE, Director
October 4, 1994
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (818) 458-5100
Mr. Terry Belanger
City Manager
21660 East Copley Drive
Suite 100
Diamond Bar, CA 91765-4177
Dear Mr. Belanger:
ANNEXATION TO COUNTY
LIGHTING MAINTENANCE DISTRICT 10006
AND COUNTY LIGHTING DISTRICT LLA -1
CITY OF DIAMOND BAR
PROJECT NO. 284-107
ft RE E
�tEEER T E
The area shown on the enclosed map is being processed for
annexation to the subject lighting districts in order to provide
funds for the operation and maintenance of street lights to be
installed by the develo er.
this area is within the
boundaries of the City of Diamond Bar,Sinca we will need permission from
Your City Council before the annexation procedures can be
consummated.
Enclosed are three copies of a Resolution Granting Consent and
Jurisdiction to the County of Los Angeles in the matter of annexing
this area to the subject lighting districts.
Please present this Resolution to your Council for their
consideration as soon as possible. Upon your Council's adoption of
the Resolution, please have two copies executed and returned to
this Department for further processing. You may keep the remaining
copy for your records.
If you have any questions regarding this matter, please contact
Mr. Steve Lau of our Traffic and Lighting Division, Street Lighting
Section, at (818) 458-5926.
Ver truly yours,
nARRY W. ST91E
/V/\ Director of Public Works
SL:cs
P284
Enc.
TO:
1460
RESOLUTION VU. 94 -
RESOLUTION GRANTING CONSENT AND JURISDICTION
TO THE COUNTY OF LOS ANGELES
IN THE MATTER OF
COUNTY LIGHTING MAINTENANCE DISTRICT 10006
AND LANDSCAPING AND LIGHTING ACT DISTRICT LLA -1
CITY OF DIAMOND BAR ZONE
PROJECT NO. 284-107
WHEREAS, the Board of Supervisors of the County of Los Angeles
is about to commence proceedings under Divisions 7 and 15 of the
Streets and Highways Code, for the annexation of territory to the
County Lighting Maintenance District 10006 and the City of
Diamond Bar Zone in Landscaping and Lighting Act District LLA -1;
and
WHEREAS, the proposed annexation will have street lights
installed in the City of Diamond Bar; and
WHEREAS, all of the land included in the proposed annexation
lies within the boundary of the City of Diamond Bar,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Diamond Bar, as follows:
SECTION I
That the public interest, convenience, and necessity, require
the maintenance of a street lighting system located within said
territory as shown on the
maps of the annexation of the
County Lighting Maintenance District 10006 and the City of
Diamond Bar Zone in Landscaping and Lighting Act District LLA -1 on
file in the office of the Department Of Public Works.
Resolution Granting Consent and Jurisdiction
to the County of Los Angeles
Page 2
SECTION II
That this City Council hereby consents to the annexation of
said territory, as shown on the attached map and/or described in
the attached legal description, included within the boundaries of
said annexation, and lying within the boundary of the City of
Diamond Bar.
SECTION III
That this City Council hereby finds and determines that the
land included within the boundary of the proposed annexation lying
within the boundary of the City of Diamond Bar, will be benefitted
by the said proposed annexation, and hereby consents to the
inclusion of said land within the proposed annexation and to the
assessment thereof.
SECTION IV
That the consent of this City is hereby given to the
commencement of the proceedings for said annexation to the County
Lighting Maintenance District 10006 and the City of Diamond Bar
Zone in Landscaping and Lighting Act District LLA -1 by the Board of
Supervisors of the County of Los Angeles, and to the exercise of
exclusive jurisdiction of said Board of Supervisors over all
proceedings necessary thereto for the purpose of consummating the
same, all in accordance with the
provisions of Divisions 7 and 15
of the Streets and Highways Code.
SECTION V
That the Clerk of the City Council is hereby directed to
certify and deliver two copies of this Resolution to the Department
Of Public Works of the County of Los Angeles.
SECTION IV
The City Clerk shall certify to the passage of this Resolution
By the City Council of the City of Diamond Bar, and shall cause the
same to be posted in three (3) conspicuous places in the City of
Diamond Bar, and it shall thereupon take effect.
PASSED, APPROVED and APPROVED this
day of 1994
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond Bar held on
day of 1994 by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk
City of Diamond Bar
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CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 1, 1994 REPORT DATE: October 27, 1994
FROM: Bob Rose, Director of Community Services
TITLE: Reclassification of Administrative Assistant Position to
Secretary in the Community Services Department
SUMMARY: The incumbent in the existing Administrative Assistant position
assigned to the Community Services Department has submitted her resignation,
effective Friday, November 4, 1994. Staff has since conducted a review of the
position's primary duties and responsibilities to determine how this position
can best be filled to serve the long term needs of the Diamond Bar community.
The majority of duties and responsibilities have evolved to be of a clerical
nature. The duties listed in the job specifications for the position of
Secretary closely resembles those now being performed by the Administrative
Assistant. It is staff's belief that it is appropriate to reclassify the
Administrative Assistant position to the classification of Secretary in the
Community Services Department. This change not only would result in the
appropriate classification performing these necessary duties, but could also
result in over $3,000 savings in annual salary costs.
RECOMMENDATION: It is recommended that the City Council approve the
reclassification of the existing Administrative Assistant position to the
classification of Secretary in the Community Services Department, effective
November 7, 1994.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution(s) _ Bid Specifications
_ Ordinances(s) _ Other:
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed —Yes X No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? —Yes X No
4. Has the report been reviewed by a Commission? Yes X No
Which Commission?
5. Are other departments affected by the report? —Yes X No
Report discussed with the following affected departments:
REVI D
r
C
Terr c L. Be an er Frank she Rose
City Manager Assistant City Manager Community Services Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 1, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Reclassification of Administrative Assistant Position to
Secretary in the Community Services Department
ISSUE STATEMENT:
Shall the City Council approve the reclassification of the existing
Administrative Assistant position to the classification of Secretary in the
Community Services Department?
RECOMMENDATION:
It is recommended that the City Council approve the reclassification of the
existing Administrative Assistant position to the classification of Secretary
in the Community Services Department, effective November 7, 1994.
FINANCIAL SUMMARY:
There is $32,638.52 budgeted in the 1994/95 fiscal year budget for the salary
of the Administrative Assistant. The annual salary for the Secretary position
is $29,614.59, well within the amount allocated for the 1994/95 fiscal year
budget.
BACKGROUND:
The incumbent in the existing Administrative Assistant position assigned to
the Community Services Department has submitted her resignation, effective
Friday, November 4, 1994, to accept a position with another government
agency. Staff has since conducted a review of the position's primary duties
and responsibilities to determine how this position can best be filled to
serve the long term needs of the Diamond Bar community. The majority of
duties and responsibilities are of a clerical nature, including answering
phones, responding to requests for service, forwarding complaints to the
responsible staff member, typing reports and correspondence, ordering
supplies, completing warrant requests, scheduling reservations for the use of
Heritage Park Community Center, and setting up and providing support for the
Parks and Recreation Commission meetings.
DISCUSSION:
The duties listed in the job specifications for the Secretary position in the
City of Diamond Bar include: typing correspondence and reports, providing
support to department -related Commissions and committees, receiving
complaints and exercising judgement in determining proper course of action,
composing correspondence, receiving telephone calls and referring to
appropriate staff member, ordering department supplies, completing department
paperwork on forms provided and maintaining a schedule of reservations for
the department. Due to the similarity of the duties currently being performed
and the specifications of the Secretary position, it is staff's belief that
it is appropriate to reclassify the Administrative Assistant position to the
classification of Secretary in the Community Services Department.
PREPARED BY:
Bob Rose
Community Services Director
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 COUNCIL OF THE CITY OF
DIAMOND BAR DECLARING ITS INPTENTION TO DENY A
DEFENSE TO CITY COUNCIL MEMBERS RELATING TO
CERTAIN LAWSUITS ALLEGING LIDS- OR SLANDER AND
DECLARING SAME TO BE OUTSIDE THE SCOPE OF DUTY
WHEREAS, Part 7 of Division 3.6 of the Califon Government Code, mmmdng at Seddon
995, sets forth certain requirmneats for the provision of s de8enss to City Council Members who
are admg within the scope of the duties of their office. and
WHEREAS, the City Council of the City of Diamond Bar widrea to demiy ideatilj► and degas
certain actions which ars not to be considered as bang within the scope of duties of OMM and
not to be defended at public =pane,
NOW, THEREFORE, BE IT RESOLVED, that the City Coundl of the City of Diamond Bar
declares its iauation that the City "not provide s Moss at public aacpame to any City
Council Manbar if the cause of action rdates to m allegation of hbd or slander through tbs
publication of a coroasumc dim of general aralaotion which has act been spoesor�ed and
authorized by the City of Diamond Bat, amd which shag not baWmiden d as actin* within the
scope of duties of that City Co=d member.
PASSED, ADOPTED aid APPROVED by the City Cound of Diamond Bat, California, this
16th day of August - —1994.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council
of the City of Diamond Bar held on 1f; t h day of A 11 g3, G * . 1994, by the following
vote:
AYES: COUNCEL MEMBERS: Miller, Papen, and M/Werner
NOES: COUNCII.MEMBERS: MPT/Harmony
ABSENT: COUNCEL EMBERS: None
ABSTAINED: COUNC13L EMBERS: Ansari
��. i! dW! I �
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: October 18, 1994 REPORT DATE: October 11, 1994
FROM: James DeStefano, Community Development Director
TITLE: 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 92-2 (Annlicant: Unionwide, Inc.)
SUMMARY: 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 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.
RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony, close the public
hearing and direct staff to prepare all documents necessary for final approval.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) —Bid Specification (on file in City Clerks Office)
X Other (EIR and other support items)
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 impact been assessed?
X Yes _ No
4. Has the report been reviewed by a Commission?
X Yes _ No
Which Commission? Planning Commission
5. Are other departments affected by the report?
X Yes _ No
Report discussed with the following affected departments:
Public Works Department and Building and Safety Division
REN JMD BY:
4Jes
Ten nce L. BelanliflFimfk U er
DeStefano
City Manager Assistant City NZager
Community Development Director
C:1 rETTERSIREPORTSIYEH(B).COV
VTTV PnITMVTL BMW
AGENDA NO.
MEETING DATE: October 18, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT:
This a continued public hearing on 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 92-2
(Applicant: Unionwide, Inc.)
ISSUE STATEMENT:
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 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.
BACKGROUND:
This project was scheduled for a public hearing at the City Council's September 20, 1,994 meeting. The applicant had
requested that a continuance be granted in order that staff could be provided with the latest geotechnical reports focused
on the off-site landslide, in order that alternative courses of action could be analyzed. The information revolved around
a geotechnical exploration on the west facing slope of the adjacent tract (Tentative Tract Map No. 46485) which was
commissioned to determine the full extent of a slide and .the related impacts of a failure.
A deep boring was performed on the slide by the applicant's geotechnical consultant. The subsequent report was prepared
and submitted to the City for review. Leighton and Associates has concluded the review of the information and has
concluded that the complete failure of the slide will not impact the proposed dwelling units in any fashion. The failure
would however extend approximately 10 to 15 feet into the right-of-way easement. The worst case scenario does not
however extend to the surface of the pavement.
Three possible alternative scenarios were developed and evaluated for their merits. Staff has concluded that the movement
of the entire right-of-way outside the perimeter of potential impact along the bounds of the slide area would be the safest
alternative for construction at this time. This alternative requires the adjustment eastward of the right-of-way which will
encroach into the front sloped areas of Lot No. 2 and Lot No. 3 thus causing a small reduction in pad area. The right-of-
way would tie back into the currently proposed alignment beyond the perimeter of the slide impacted area. The
realignment would not have an adverse effect on minimum lot size, pad size or lot frontage conformity. The realignment
will reduce the pad area of Lot No. 2 approximately 3,215 sq. ft. or a reduction by 14 percent and the pad area of Lot
No. 3 would be reduced by approximately 960 sq. ft. or 4.6 percent. Lot No. 2 will retain 19,000 sq. ft. of pad area
and Lot. No. 3 will provide a 19,949 sq. ft. pad.
The converse of this alternative would include the subdivider constructing a roadway approximately 28 feet in width.
This width is one half the pavement from centerline plus 10 feet. Under this scenario, no other improvements or remedial
work would be required. The limited width would still provide for traffic flow and parking on the eastern side of the
street. This also assumes that the adjacent project will be approved and that the project will be required to remediate the
slide and construct the remaining full width improvements.
C. "MRSIxEronrsirsrr(a). cov 1
The third alternative ig to correct and stabilize the dole as a hart of th'ic nrrneei Ra full c-m6tnt of tW enrreAWA"IA
be extensive and has not been fully analyzed as a part of the environmental review document. Possible corrections
include the removal of the slide debris and the construction of a retaining wall or shear key to stabilize the slope above
the slide, including the proposed road. This alternative requires that the subdivider enter into agreements with the
adjacent property owner(s) prior to moving forward. The remediation of the slide will be required for any future
development of the adjacent site but as of the date of this staff report, that project is not ready for public hearings.
PREPARED BY:
Robert Searcy
Associate Planner
* Attachments: THESE ITEMS WERE PREVIOUSLY DISTRIBUTED FOR THE SEPTEMBER 20,1994 PUBLIC
HEARING. PLEASE BRING THESE ITEMS FOR YOUR REVIEW AND DISCUSSION.
Application
Vesting Tentative Tract Map
Planning Commission Staff Report
Planning Commission Resolutions
EIR 92-2, Response To Comments, and Mitigation Monitoring Program (transmitted under separate cover.)
C:IL nFRSIRIsPORTSIYEH(B).COY 2
Please bring EIR and previously
distributed staff reports and materials
for:
L
L M
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: September 20, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT:
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 92-2
ISSUE STATEMENT:
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 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.
BACKGROUND:
Proiect_Overview
The 14 lot, 13 unit residential subdivision project is located adjacent to the gated community known as "The Country
Estates", at the southeasterly terminus of Blaze Trail Drive. The project is located within Significant Ecological Area
(SEA) No. 15, in the northern portion of Tonner Canyon. Two ridges and valleys that fall southerly from Blaze Trail
Drive into upper Tonner Canyon comprise the site.
The application request for this project includes the following required permits:
Vesting Tentative Tract Map No. 51169 for the subdivision of the 20 acre site into 13 residential lots and one common
space lot designated for the sewer pump station; Conditional Use Permit No. 92-3 required for development in an SEA
and Hillside Management Areas; Oak Tree Permit No. 92-3 for the relocation of one oak tree; and Zone Change No.
92-2 to modify the existing zoning classification from A-2-2 (Heavy Agriculture) to R-1-40,000 (Single Family
Residential -one acre minimum lot size) in order to develop the project site in conformance with the adjacent residential
development. Approval of these permits will be premised on the certification of EIR No. 92-2 which has been prepared
by the City's environmental consultant, Michael Brandman Associates.
This application was filed with the City of Diamond Bar in July of 1992 after the adoption of the 1992 General Plan
during the window of opportunity and prior to the filing of referendum petitions on the document. In accordance with
the opinion set forth by the City Attorney at that time and the Interim City Attorney, this project is vested in the
development standards in effect at the time the 1992 General Plan was adopted. Subsequent actions that successfully
forced the adoption of 1993 General Plan do affect the vesting of this project nor the standards by which this project
is required to conform.
The Zone Change application is in conformance with the 1992 General Plan. The processing of this application follows
E
the processing of the subdivision application. As such, the City is allowed to continue processing this application is the
same manner as other applications with similar components, such as Vesting Tentative Tract Map 32400, have proceeded.
The determination that this project meets the requirements of the 1992 General Plan and the development standards in
effect at the time the project was filed has been made. The project substantially complies or exceeds the minimum
development standards related to density, land form grading, the maintenance of open space amenities, and the
conservation of protected plant communities and the maintenance of migratory paths. The project proposes to recreate
the walnut woodland habitat on-site and to contribute funds to maintain or create additional habitat off-site. Additionally,
staff has determined that the approval of this project will not be detrimental to the contemplated General Plan.
Land Use
The proposed 13 residential lot subdivision is designed with lots that range in size from 1.0 acre to 2.43 acres and an
overall density of approximately .65 units per acre. The lots have been designed to yield pads with a minimum 10,000
square feet of net area with an average pad size of approximately 17,000 square feet. The pads additionally offer an
average of 100 feet of depth. The front property lines are a minimum 125 feet in length except for two lots located on
the radius of the cul-de-sac and lot No. 5. Lot No. 5 is located at mid -block of Street "A" and because of grading and
pad slope separation is designed with 105 feet of frontage. All other aspects of the lot conform to the remaining character
of the subdivision.
The project is proposed to extend the terminus of the existing Blaze Trail to intersect with Gullrock Lane. The easement
for this road is existing and provides access to the adjacent property (Tentative Tract Map No. 46485). Additionally,
the proposed subdivision will have an east -west cul-de-sac design from which eight of the 13 lots will take access. All
streets are proposed to be private streets and are designed to meet the City's typical private street section. Street grades
range from 2 percent to a short run of 12 percent at the extension of Blaze Trail. The majority of the street grades are
however 10 percent or below.
There is a sewer pump station required for this project in order that the project and the adjacent proposed development
can connect to the existing system. The pump station will be designed with a carrying capacity large enough for both
projects. The pump station is located on Lot "A" at the end of the proposed Gullrock Lane. The pump station will be
developed down grade from the road surface and will be designed to be unobtrusive as possible. Access to the urban
pollutant basin will also be achieved from this lot. Access to both facilities is required to be all weather in nature and
are not projected to generate more than five trips per year for general maintenance purposes.
Grading/Geotechnical
Grading for the project is projected to entail a total of approximately 185,000 cubic yards over 16 acres of the site. All
cut (35 ft.) and fill (40 ft.) operations will be balanced on-site and will leave approximately six acres of the site in an
undisturbed state. Lot No. 3, 7 and 8 have cut and fill proportions which bisect the pad in approximately 50 percent of
the area. These lots will be required to comply with a minimum over -excavation of the pad pursuant to the requirements
of the geotechnical report to reduce the potential of uneven settlement.
There are no landslide areas identified on-site. There are no other geologic conditions that require remedial grading. The
topography of the site varies from gently rolling slopes to steeper slopes in the eastern and southern areas of the project
that are slated to be left in an undisturbed state. The project has been designed in conformance with the landform grading
requirements of the Hillside Management Ordinance (HMO) and exhibits manufactured fill slopes with a maximum height
of 40 feet and varying gradients ranging from 2:1, 3:1, and 4:1.
There will be some off-site grading required to complete this project. The off-site grading is related to the construction
.................
of Gullrock Lane. The geometrics of the road have been agreed to by the adjoining property owners. The grading will
not be achieved within the slope maintenance easements and the requires agreements with the adjoining property owners
and has been obtained.
During the review by the Planning Commission, the subject of off-site geotechnical issues arose. The focus on this matter
revolved around a significant landslide located on the adjacent Tract No. 46485 west facing slope. The geotechnical
engineers were charged with investigating the potential impacts to Tract No. 51169, the residential lots and Gullrock
Lane. The geotechnical reports conducted have stated that there is no potential for adverse impacts to be imparted on
the residential lots if a complete failure were to occur. The focus then narrowed in on the potential adverse impacts to
the road itself. Again the soils investigation found that the project, as proposed, will reduce the weight upgrade thereby
relieving some of the slide potential. If additional investigation identified a more severe problem, the remediation
necessary to correct the situation will not adversely affect the road. Furthermore, if Tract No.46485 is ever to develop,
the remedial grading necessary for development of the site will require the removal of this landslide and thereby removing
the potential impact.
Significant Ecological Area Technical Advisory Committee
Although the project falls within the SEA No. 15, this project clearly exhibits less concentration of the valuable habitat
shared by most of the acreage to the south of the subject site. The site exhibits only one small oak tree that is located
on the primary ridge of the project. The walnut woodland on-site is the major flora habitat although the current condition
of the habitat is not in extremely good condition because of the intrusion of grazing over the site in historical times as
well as recent fire damage and yearly discing for fuel modification. There is one blueline stream on-site which will be
disturbed as a part of the grading. All required permits must be obtained from the Army Corp. of Engineers and the
California Fish and Game prior to issuance of grading permits.
Planning Commission Review
The Planning Commission held the first public hearing on this project in December of 1993 which coincided with the
conclusion of the public comment period for the draft EIR. At that hearing the applicant acquiesced to a 90 day
continuance in order that the City could adopt a new General Plan. The public hearing was then continued to March,
1994 and subsequently continued to May of 1994. The public hearing was again continued to June 13, 1994 in
anticipation of the SEATAC Final Report being completed.
On June 13, 1994 the Planning Commission opened the public hearing, received testimony, and closed the public hearing
directing staff to address issues related to the geotechnical aspects of the project. The final public hearing was held on
July 25, 1994 at which time the Commission adopted the Resolutions of Approval recommending that the City Council
approve the project as conditioned.
Environmental Impact Report Process
The preparation of the document was initiated at the conclusion of staff's review of the initial study. The initial study
questionnaire identified areas that the project may produce impacts of significance, significant but capable of mitigation
to acceptable levels or insignificance. The conclusion of the study can indicate that the project will not have a significant
impact or that an EIR is required to address the impacts and to provide the appropriate mitigation measures.
The procedure for the preparation of an EIR includes the distribution of a Notice of Preparation (NOP) which is sent to
agencies who have or may have responsibility for providing a service to the project or may be impacted by the
implementation of the project. The NOP requests that interested agencies forward comments to the City concerning issues
that should be addressed in the EIR. Agencies typically have 30 days from the date of receipt of the NOP to respond.
The EIR is then prepared using the initial study and comments received in response to the NOP to guide the analysis in
3
.................
#�lFse
areas of particular interest although the EIR is not limited to these areas.
At the conclusion of the preparation of the draft EIR, it is then distributed to the City, State Clearinghouse, and agencies
requesting copies of the document and to the public for review. The review of the EIR is from 30 to 45 days depending
on the nature of the project and the local versus regional significance of the proposal. December 13, 1993 was the closing
date for public comments.
At the conclusion of the public comments phase, the comments are responded to and included in the EIR that is reviewed
by the decision makers. Certification of the final EIR is attained when the legislative body gives the document
acknowledgement that it adequately identifies potential impacts, measures to mitigate those impacts, and also impacts
which may occur as a result of the project but are unable to be mitigated.
PREPARED BY:
Robert Searcy
Associate Planner
Attachments:
Application
Vesting Tentative Tract Map
Planning Commission Staff Report
Planning Commission Resolutions
EIR 92-2, Response To Comments, and Mitigation Monitoring Program (transmitted under separate cover.)
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. 7� r
TO: Terrence L. Belanger, City Manager
MEETING DATE: October 18, 1994 REPORT DATE: October 13, 1994
FROM: James DeStefano, Community Development Director
TITLE: Tentative Tract No. 51253, Conditional Use Permit No. 92-12, Oak Tree Permit No. 92-9, and
Environmental Impact Report No. 92-1 (applicant: Sasak Corporation). Continued from Ocotber 4, 1994.
SUMMARY: The applications submitted request approval of a 21 unit single family subdivision proposed on
a map restricted 6.7 acre site located at Morning Sun Avenue. As presently designed the subdivision requires
roughly 3 additional acres of off-site grading to support the development.
RECOMMENDATION: It is recommended that the City Council (1) examine and discuss the policy and
project issues outlined within this report (i.e. map restrictions, grading, subdivision design, etc.) and (2)
continue the project in order for the applicant to respond to Staff and Council concerns.
LIST OF ATTACHMENTS: X 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 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:
Ten nce L. Bel r Frank Usher
Aames DeStefan
City Manager Assistant City Manager
Community Dev opment Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: October 13, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Tentative Tract Map No. 51253, Conditional Use
Permit No. 92-12, Oak Tree Permit No. 92-9, and
Environmental Impact Report No. 92-1 (applicant:
SASAK Corporation) Continued from October 4, 1994.
ISSUE STATEMENT: The applications submitted request approval of a 21
unit single family subdivision proposed on a map
restricted 6.7 acre site located at Morning Sun
Avenue. As presently designed the subdivision
requires roughly 3 additional acres of off-site
grading to support the development.
BACKGROUND
Tentative Tract Map No. 51253 (TTM 51253) was submitted to the City in
October 1992 and processed as a component of the South Pointe Master Plan
(SPMP). At that time, the 21 unit subdivision was proposed on a 6.7 acre
site. The application was reviewed as an element of the SPMP and received
a recommendation of approval, (2-1), from the Planning Commission on May
24, 1993. On that date, the Commission recommended approval of all South
Point Master Plan components and forwarded the entire Master Plan (which
included TTM 51253, adjacent Vesting Tentative Tract Map No. 51407
proposed by RNP Development, Inc., and Vesting Tentative Tract Map No.
32400 proposed by Arciero and Sons) to the City Council.
On September 14, 1993 the City Council began its review of the Master
Plan and each project element. The Council received a presentation on the
SPMP from the City Staff and environmental review process from the City's
environmental consultant. The public hearing on the South Pointe Master
Plan and its components was continued to September 28, 1993, October 5,
1993, November 16, 1993, and January 4, 1994. As a result of the City
Council action of December 14, 1993, to repeal Resolution No. 93-58,
which adopted the 1993 General Plan, the SPMP was tabled. Subsequently,
the City obtained an approval from the State Office of Planning and
Research enabling the City to process certain development proposals,
including the SPMP. Public hearings resumed in May and continued in June
1994. The City Council approved and certified the Environmental Impact
Report for the SPMP on June 3, 1994. In July the City Council directed
1
City staff to prepare all documents required for approval of VTM 32400.
The remaining elements of the SPMP, TTM 51253 (SASAK) and VTM 51407 (RNP)
were continued to August for further review.
In August 1994 the Walnut Valley Unified School District (WVUSD) closed
escrow and purchased the 78 acre RNP property, VTM 51407, located
adjacent to the TTM 51253 (SASAK) site. The WVUSD commenced a grading
operation in September necessary to accommodate the construction of new
school facilities. The City Council is currently in the process of
finalizing its review of the Arciero, VTM32400, proposal. The District
has stated its intent to not pursue the development applications proposed
by RNP. TTM 51253 has received continuances since July in order for the
developer (SASAK) to respond to issues raised by the City Council.
DISCUSSION:
Tentative Tract No. 51253 (previous proposal)
The 3 parcel, 6.7 acre site was proposed to be subdivided as a 21 lot,
3.13 units per acre, single family residential development. The proposed
project as originally designed was consistent with the Master Plan
development standards for Enclave No. 1. Lot sizes ranged from 8,241
square feet (lot #1) to 20,962 square feet (lot #4). Earthwork
quantities indicated 145,800 cubic yards of excavation, 98,300 cubic
yards of embankment, and 47,500 cubic yards of export. The proposed
subdivision provides for an extension of street "B" as shown within
Vesting Tentative Tract Map 51407 designed to connect with Morning Sun
Drive.
The previous proposal relied on the adjacent 78 acre project for off-site
grading, lot and pad development, access to City streets, environmental
mitigation, etc. The purchase of the property by the Walnut Valley
Unified School District, and the District's stated intent to not pursue
the RNP project, has changed the context upon which the project has been
reviewed.
Revised Proposal
On September 13, 1994, the City received copies of the revised Tentative
Tract Map. The revisions indicate a 21 unit subdivision encompassing
approximately 10 acres (6.7 acre proposals requiring approximately 3
offsite acres of grading). The street and pad elevations remain
basically the same as the previous proposal. Lot sizes range from 8,160
square feet (lot 120) to 20,512 square feet (lot 110). Pad sizes range
from 5,760 square feet (lot #4) to 9,760 square feet (lot #10). Lots
19,20, and 21 have been reoriented such that future homes will face
Morning Sun Avenue. The circulation pattern consists of two cul-de-sacs.
2
Hillside Management Ordinance. Conditional Use Permit and Oak Tree Permit
The Hillside Management Ordinance requires a Conditional Use Permit
approval for the Tentative Tract Map proposal. The hillside management
standards and guidelines have been incorporated within each development.
The impact of the previous project grading is analyzed in the Draft
Environmental Impact Report within the earth resources and aesthetics
sections. The revised map outlines a proposal requiring significant off-
site grading. The extent of this grading (and lot line adjustments) needs
clear articulation. The Council must make a decision regarding whether or
not they will allow a 6.7 acre project to be supported by approximately
three additional off-site acres.
The previous proposal indicated the exportation of approximately 47,500
cubic yards of earth to the RNP project site. The revised map requires
107,000 cubic yards of off-site export through the existing residential
neighborhood. This additional exportation of earth was not a part of the
previous proposal. The proposed subdivision site contains oak trees which
would require removal. The Development Code requires an Oak Tree permit
for the removal of any oak genus which is eight inches in diameter as
measured four and one-half feet above the natural grade.
In accordance with requirements of the Code, an oak tree inventory as
conducted for the previous subdivision. The previous Tract Map 51253
contains 53 trees scheduled for replacement. A revised oak tree
inventory will determine the extent of additional oak tree removal. All
oak trees removed as a result of the proposed project are proposed for
replacement at a 2:1 ratio.
Map Restrictions/General Plan
The proposed map would supersede previously recorded Tract Map No. 32576.
That map dedicated the right to prohibit the construction of more than
one residential unit within certain existing lots. That right was
accepted by the County and is valid and enforceable against any
development request. The developer is currently limited to a total of
three dwelling units. Other restrictions on the property relate to flood
hazard areas. This proposed map, if approved, would supersede and erase
the existing development restrictions placed upon the property.
There are other parcels in the community which are also subject to
similar development restrictions. The applicant has specifically
requested approval of this application package which permits the City to
evaluate the change in entitlement on the merits of the proposed project.
All requests for development approval must be found to be consistent with
the General Plan. The 1994 Draft General Plan is currently before the
Planning Commission. The Planning Commission has recommended the
retention of the General Plan Advisory Committee designation of Open
Space for the 6.7 acre property. The definition of Open Space includes
the previously noted map and deed restrictions, meaning that the property
may be developed with a total of three dwelling units. In approving the
project, the City must find that there is little or no probability that
3
the project will be detrimental to or interfere with the future adopted
General Plan if the project is ultimately inconsistent with that Plan.
The decision as to whether or not development should be permitted on map
restricted property is of major significance to the community. The
Subdivision Map Act provides the vehicle for a property owner to seek
abandonment of these restrictions. The Map Act also appears to give the
City considerable latitude to decide if abandonment is consistent with
present or prospective city policy.
Consideration of development upon the restricted properties is a matter
of public policy. The City has no obligation to remove the restrictions.
The developer has, it would appear, no inherent "right" to the
abandonment or project approval. The benefit(s) of abandonment of the
restrictive map language should be carefully examined (i.e. provision of
significant community benefit).
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act, the City has
determined that an Environmental Impact Report (EIR) should be prepared
to assess and analyze the environmental effects of the proposed project.
The City engaged Ultrasystems Engineers and Constructors, Inc. as an
independent consultant to prepare the environmental documents. The EIR
must be recertified and project specific findings, a Statement of
Overriding Conditions, and a Mitigation Monitoring program.
PUBLIC HEARING NOTICE:
The South Pointe Master Plan project was publicly noticed in accordance
with State and local requirements. Advertisements were published within
the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin on
April 11 and April 22, 1994. Notices were mailed to property owners
within a 500 foot radius of the project boundaries on April 8, 1994 and
April 21, 1994.
IONS:
It is recommended that the City Council (1) examine and discuss the
policy and project issues outlined within this report (i.e. map
restrictions, grading, subdivision design, etc.) and (2) continue the
project in order for the applicant to respond to Staff and Council
concerns.
Alternatives to the Staff recommended continuance include:
1) Approval, with direction to staff to prepare all documents
necessary to certify the EIR and adopt resolutions containing
findings of fact, project conditions and mitigation monitoring.
4
2) Denial, with direction to staff to prepare a resolution.
3) Remand the project to the Planning Commission for consideration
and recommendation.
PREPARED BY:
James DeStefano
Community Development Director
Attachments: •
Planning Commission Resolution No.'s 93-20 and 93-21
•
Letter from Amrut Patel dated October 4, 1994
•
Letters from Amrut Patel dated October 6, 1994
•
Letter from Ronald Hockwalt, Walnut Valley Unified
School District (WVUSD) dated September 12, 1994
•
Letter from Dr. Ronald Hockwalt (WVUSD) dated
September 8, 1994
•
Letter from Diamond Jims Dairy dated October 10,
1994
•
Letter from Harish Dhruv, Overseas Friends of BJP,
dated October 10, 1994
•
Letter from Pathfinders Homeowners Association dated
October 11, 1994.
•
Letter from Vinod S. Kashyap dated October 11, 1994
•
Letter from Haji Dayala dated October 11, 1994
•
Letter from Dilip Patel, DDS, dated October 11, 1994
•
Letter from Chiman Adial, Gujarati Cultural Society,
dated October 12, 1994
•
Letter from K. R. Raval dated October 12, 1994
•
Letter from Chiman Kotecha dated October 14, 1994
•
Letter from Lynn J. Mutch, Pfieler & Associates
Engineers, Inc. dated October 13, 1994
•
Letter from M. Michael Smith, Attorney at Law, dated
October 11, 1994
•
Original TTM 51253 Map dated May 6, 1993, prepared
by Budke Design Service.
•
Revised TTM 51253 Map date stamped September 21,
1994, prepared by Pfeiler & Associates Engineers.
•
Lot and Pad Size Tabulation dated September 21, 1994
5
RESOLUTION NO. PC 93-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION
OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND
APPROVAL OF TENTATIVE TRACT NO. 51253 TO DEVELOP A 21 LOT
FAMILY RESIDENTIAL DEVELOPMENT ON A 6.7 ACRE SITE 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 COLIMA
ROAD IN DIAMOND BAR CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals
(i) Amrut Patel (Sasak Corporation), 858 W. 9th Street, Upland, California
(the "Applicant" hereinafter), has heretofore filed an application for
approval of Tentative Tract Map No. 51253 as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Tentative Tract
Map No. 51253 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) As a component of the South Pointe Master Plan the application has been
processed in accordance with Ordinance No. 4 (1992) of the City of
Diamond Bar.
(iv) On October 26, 1992, January 25 and February 8, February 22, February
25, March 22, April 12, April 26, April 29, May 10, and May 24, 1993,
the Planning Commission of the City of Diamond Bar conducted a duly
noticed public hearing on the subject matter of the Application.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds, and based thereon, recommends
that the City Council so certify that the initial study prepared and
reviewed by the City of Diamond Bar and Environmental Impact Report
No. 92-1 (SCH No. 92081040) was completed in compliance with the
California Environmental Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder, the Planning Commission has
reviewed and considered the information contained in said Environmental
Impact Report No. 92-1 (SCH 92081040) and that said Environmental
Impact Report reflects the independent judgment of the City of Diamond
Bar.
3. The Planning Commission hereby specifically finds and determines and
recommends that the City Council so find and determine, 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 Environmental Impact Report No. SCH
92081040, except as to those effects which are identified and made the
subject of a Statement of Overriding Considerations which this Planning
Commission 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 Planning Commission hereby recommends that the City Council adopt
the Findings, Facts in Support of Findings, and the Statement of
Overriding Considerations attached hereto as Exhibit "A" and hereby
incorporated by reference.
S 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.
2
6. The approval of this Tentative Tract Map No. 51253 is contingent upon
all other map, Hillside Ordinance Condition Use Permit and Oak Tree
Removal Permit approvals associated with this South Pointe Master Plan.
7. Based on substantial evidence presented to this Commission during the
above -referenced public hearing, including written and oral staff reports,
public testimony and the record of the Application, this Planning
Commission 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 Colima Road, consisting of 6.7
acres, and zoned RPD 10,000 6U.
(b) Surrounding properties' zoning and land use are:
East: RPD 10,000 6U/Vacant;
South: RPD 10,000 6U/vacant;
West: County of Los Angeles/Single Family Residential;
North: R1-15,000/single family residential
(c) The Application is for a twenty-one (21) lot subdivision to
construct 21 single family units. The final tract map shall reflect
the design brought forth in the Tentative Map for Tract No.
51253.
(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 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, a Statement of Overriding Considerations has
been adopted on those unavoidable impacts.
(f) Neither the design of the subdivision nor the types of
improvements will cause serious public health problems, since
sewage disposal, storm drainage, public services and geological
and soils factors are addressed in the conditions of approval
appended hereto.
(g) 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.
(h) The proposed subdivision does contain or front upon any public
waterway, river, stream, coastline, shoreline, lake or reservoir.
taken into accordance with the rules and regulations.
(i) 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.
(j) 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
(13000, et seq.) of the California Water Code.
(k) 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.
8. Based upon substantial evidence presented to the Planning Commission
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, the Planning Commission hereby finds and
determines as follows:
(a) The action proposed (Tentative Map) has been processed in
accordance with the provisions of Ordinance 4 No. (1992) of the
City of Diamond Bar
4
(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 Planning
Commission hereby recommend that the City Council approve the
Application subject to the following conditions which are set forth
provided in Exhibit "B" hereto and are incorporated by reference.
10. The Planning Commission Secretary is hereby directed (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 Amrut Patel
(Sasak Corporation) 858 W. 9th Street, Upland, California 91785.
Approved and adopted this the 24th day of May, 1993 by the Planning Commission of
the City of Diamond -Bar.
BY: !�
Bruce Flamenbaum, Chairman
I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do
hereby certify that the foregoing Resolution was passed, adopted and approved at a
regular meeting of the Planning Commission of the City of Diamond Bar held on the
24th day of May, 1993, by the following vote:
AYES: COMMISSIONERS: Flamenbaum, Meyer
NOES: COMMISSIONERS: Li
ABSENT: COMMISSIONERS: Grothe, Plunk
ABSTAINED: COMMISSIONERS:
ATTEST: Inn
Jam DeStefano, Secre
A:pateL6-2
5
PLANNING COMNUSSION RESOLUTION NO. 93-20 AND 93-21
MAY 24, 1993
EXHIBIT "B"
CONDITIONS OF APPROVAL
A. GENERAL REQUIREMENTS:
1. This Approval of Tentative Tract Map No. 51253 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.
3. The applicant shall defend at applicant's sole expense any action brought against
the City, its agents, officers, or employees, because of the issuance of such map
approval, or in the alternative, shall relinquish such map approval. The applicant
shall reimburse the City, its agents, officers, or employees, for any court costs
and attorney's fees which the City, its agents, officers, or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of its obligations under this
condition.
B. FIRE DEPARTMENT REQUIREMENTS:
Provide and locate water mains, fire hydrants and fire flows as required by Fire
Department and Fire Code.
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. Cul-de-sacs or dead end streets 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 or protected by a two (2) hour fire wall for commercial structures.
C. ENGINEERING REQUIREMENTS:
GENERAL
Prior to approval and recordation of the final map, written certification from the
affected district, that adequate sewer and water facilities are or will be available
to serve the proposed project, shall be submitted to the City. Such letters must
have been issued by the district within ninety (90) days prior to final map
approval.
2. All easements existing prior to final map approval must be identified. 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 and interest holders 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
title report/guarantee must be submitted ten (10) working days prior to final map
approval.
4. A landscape/lighting district(s) shall be formed per City requirements to finance
the maintenance and to maintain common open space areas within the project site.
5. New boundary monuments shall be set in accordance with the State Subdivision
Map Act and subject to approval by the City Engineer.
6. If any required public improvements have not been completed by Applicant and
accepted by the City prior to the approval of the final map Applicant shall enter
into a subdivision agreement with the City and shall post the appropriate security.
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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.
S. 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 approved by the City Engineer prior to issuance
of building permits.
10. The detail drawings and construction notes shown on the submitted plans are
conceptual only and the approval of this map does not constitute approval of said
notes.
GRADING
11. Applicant shall submit to the City Engineer the total cost estimate for bonding
purposes of all grading, prior to approval of the final map.
12. The final grading plans shall be completed and approved prior to issuance of .
building permits.
13. Final grading plans for each parcel are to be submitted to the Building and Safety
Division for approval prior to issuance of building or grading permits. (This 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, and acceptable grading practices. The precise and final grading plan
shall be in substantial conformance with the grading plan approved as a material
part of the 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 qualified
engineer and/or 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.
(b) The extent of any remedial grading into natural areas shall be clearly
defined on the grading plans.
(c) Areas of potential for debris flow shall be defined and proper remedial
measures implemented as approved by the City Engineer.
(d) Gross stability of all fill slopes shall be analyzed as part of the
teotechnical 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.
(f) 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. Applicant further agrees that the number of actual buildable lots may
be reduced by the City based upon the final findings and recommendations of the City's
geologist.
17. Grading 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.
18. Grading plan(s) must be signed and stamped by a registered Geotechnical
Engineer and registered Geologist.
19. All identified geologic hazards within the Tentative Tract boundaries which
cannot be eliminated as approved by the City Engineer shall be indicated on the
final map as "Restricted Use Area". The subdivider shall dedicate to the City the
right to prohibit the erection of buildings or other structures within such restricted
use areas on the final map.
DRAINAGE
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
permits.
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.
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 to 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. Provide drainage facilities to remove the flood hazard and dedicate and show
necessary easements and/or rights of way on the final map to the satisfaction of
City Engineer.
26. Identify any flood hazard locations on the final map and delineate the areas
subject to flood hazard. Dedicate to the City the right to restrict the erection of
buildings in the flood hazard areas.
27. A permit from the County Flood Control District is required for work within its
right-of-way.
28. A final drainage study and final drainage plans in a 24"x36" sheet format shall
be submitted to and approved by the City Engineer prior to final map approval.
All drainage facilities shall be installed as required by the City Engineer and in
accordance with County of Los Angeles Standards for acceptance and disposal of
all related drainage.
29. Prior to finalization of any development phase, sufficient drain age improvements
shall be completed beyond the phase boundaries to assure secondary access and
drainage protection to the satisfaction of the City Engineer. Phase boundaries
shall correspond to lot lines shown on the final map.
STREETS
30. Applicant shall submit to the City Engineer the total cost estimate for bonding
purposes of all public improvements, prior to approval of the final map.
31. New centerline ties shall be submitted to the City Engineer for approval in
accordance with City Standards, prior to issuance of building permits.
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.
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Security shall be posted and an agreement executed guaranteeing completion of
the public and/or private street improvements, prior to final map approval.
34. 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.
35. No street shall exceed a maximum slope of 12% unless approved by the City
Engineer.
36. Construct base and pavement on all streets in accordance with soils report
prepared by a qualified and registered engineer and approved by the City
Engineer or as otherwise directed by the City Engineer.
37. 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.
38. Prior to final map approval, Applicant shall participate in the improvement to the
ultimate right-of-way off Brea Canyon Road along the Tentative Map frontage,
and shall participate in the improvement to the ultimate right-of-way of Brea
Canyon Road outside the Tentative Map boundary, between Glenbrook and
Pathfinder, including, but not limited to undergrounding of existing overhead
utilities, all in accordance with City Standards. Applicant 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.
39. Applicant shall pay the pro -rated amount of $12,800, or shall construct subject
to reimbursement, for signal improvements at Pathfinder and Brea Canyon Road
prior to final map approval or within 12 months of approval of the Tentative
Tract Map whichever occurs first.
40. Fund 8% of other signal improvements required pursuant to the approved EIR
prior to approval of the final map.
41. Label any private drives or fire lanes and delineate on the final map to the
satisfaction of the City.
42. Construct drainage improvements and offer easements needed for street and slope
drainage as required by the City Engineer prior to recordation of the final map.
43. Construct full width sidewalks throughout the tract per City standards and as
approved by the City Engineer. In addition, the applicant shall provide
$18,000.00 for sidewalk installation within the adjacent county area.
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44. Provide and install street name signs to the satisfaction of the City Engineer prior
to issuance of a certificate of occupancy.
45. All utility lines shall be underground per Section 21.24.400 of Title 21 of the
City Codes in and adjoining the proposed Tentative Tract Map.
46. Dedicate slope easements along Morning Sun Drive in favor of the City as may
be required by the City Engineer, prior to approval or recordation of the final
map. The dedicated slope easement shall be placed in a landscape and lighting
district, as directed by the City Engineer.
47. Construct curb and gutters per City standards subject to approval by the City
Engineer.
48. Construct wheelchair ramps at all corners and all intersections pursuant to City
Standards or as may be required by the City Engineer.
49. Provide street lights as required pursuant to City standards and as approved by
the City Engineer. The street lights shall be placed in a landscape and lighting
district, as directed by the City Engineer.
50. Traffic improvement plans prepared by a registered Traffic Engineer in a 24"x36"
sheet format shall be submitted to and approved by the City Engineer. Security
shall be posted and agreement executed guaranteeing completion of improvements
prior to final map approval.
51. Intersection line of sight designs shall be submitted to the City Engineer for
approval as may be required by City Engineer.
52. The Applicant shall prepare traffic control signing and striping plans in
accordance with City requirements prior to approval of the final map.
53. Secondary street access must be provided as approved by the City Engineer.
SEWER/WATER
54. Prior to final map approval the subdivider shall submit an area study to the City
Engineer to determine whether capacity is available in the sewerage system to be
used as the outlet for 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.
55. 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
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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.
56. The Applicant shall obtain connection permit(s) from the City, Los Angeles
County Public Works and County Sanitation District. The subdivision shall be
annexed into the County Consolidated Sewer maintenance District and appropriate
easements for all sewer main and trunk lines must be offered for dedication and
accepted by the County of Los Angeles Public Works Department, prior to
approval of the final map.
57. The Applicant, at Applicant'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.
58. 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 approved by 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.
59. Prior to final map approval, the applicant shall construct, or enter into an
improvement agreement guaranteeing 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 Engineer.
60. 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 require
approval by the City Engineer.
61. Applicant shall relocate and underground any existing on-site utilities as necessary
and to the satisfaction of the City Engineer.
62. Prior to submittal of the final map, written certifications from Walnut Valley
Water District, GRE, 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.
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63. Based on a determination by the City Engineer,the City reserves the right to
require the applicant to install main and service lines capable of delivery of
reclaimed water to all portions of the Tract, prior to final map approval. The
system shall be designed to permit "switch over" of nondomestic services on each
lot 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.
64. Adjustments to lot lines of lots mutually agreed upon by the City Engineer and
applicants for Tract No.'s 51253 and 51407 shall be designated on each tentative
tract map and shall be recorded on each final map.
D. COMMUNITY DEVELOPMENT DEPARTMENT REQUIREMENTS:
1. The site shall be developed and maintained in accordance with the approved
Tentative Tract Map and plans approved by the Planning Commission, as revised
by these conditions of approval.
2. Prior to the recordation of the final map the applicant shall pay any park in -lieu
fee, or dedicate park land to the City's satisfaction.
3. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00
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 8:00 a.m. to 5:00 p.m., 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. All lots shall provide a minimum pad size of 6,900 square feet.
5. Applicant shall pay development fees (including, but not limited to, planning,
building and school fees) at the established rates prior to issuance of building
permits.
6. Applicant shall prepare and submit to the Director of Community Development
for approval prior to the sale of the first lot of the subdivision, a "Buyer
Awareness Package" which shall include, but not be limited to, information
pertaining to geologic issues regarding the property and oak 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.
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 the appeal period.
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.
E. RESOURCE MANAGEMENT PLAN REQUIRUvIENTS
1. As a means of mitigating potential environmental impacts, the applicant shall
suspend construction in the vicinity of a cultural resource encountered during
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 Director of Community Development.
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 the EIR 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.
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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 approval of the final map. Fence details, tree
staling, 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 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.
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
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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 administered 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 Los Angeles County Department of Animal Control.
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 landscaping shall include those which
provide nectar, fruit or seeds as food for native wildlife 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
14. The project applicant shall comply with all requirements of the City of Diamond
Bar Oak Tree Removal Ordinance except where otherwise provided in the
adopted Resolutions.
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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
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. Some 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.
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.
21. Prior to the initiation of grading activities and in accordance with the City's Oak
Tree Removal Ordinance and the adopted Development Agreement, a replacement
plan for the loss of existing oak trees shall be submitted by the project
applicant(s) and approved by the City.
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22. Applicant should implement a biological resource removal program, prior to
grading, to allow persons to remove vegetation at their own expense.
23. The applicant shall provide to the City, prior to map recordation, the sum of
$3,500.00 per lot, as additional open space mitigation fees to be used for future
park development.
F. 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, c or d, applicable to the project site.
1. 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), Geotechnical Feasibility Investigation for
80 Acre Development N/O Pathfinder Rd. and W/O Brea Canyon Rd. (RMA
Group, September 21, 1992) and such other geotechnical reports as may be
prepared for the site and/or required by the City and County.
2. 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.
3. Drainage shall be disposed of in a manner satisfactory to the City Engineer and
County Engineer of Los Angeles County. 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.
4. 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 and/or County
Engineer shall be established for the maintenance of on-site storm drainage
facilities. Terrace and down drains 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.
5. 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.
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6. Prior to final map approval applicant shall participate in the Brea Canyon road
construction 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
project access points along Brea Canyon Road. The location of the three new
project access points along Brea Canyon Road shall be designed to provide
adequate sight distance. 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
a pro -rata fair share of improvements, and be subject to pro -rated reimbursement,
in accordance with Condition No. 38 of the Conditions of Approval.
7. With the development of the site plan for both the retail and residential
components of the project, a traffic signal warrant shall be conducted to
determine if a traffic signal is required. Signals shall be installed by developer
at both collector road entrances off Brea Canyon Road. Applicant shall pay 8%
of the. total cost of such signalization.
8. 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 can (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.
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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.
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 fuel 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.
9. 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.
16
g. Use double -glass paned windows.
10. 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.
11. When feasible, construction equipment shall be stored on-site to eliminate and/or
reduce heavy -equipment truck trips.
12. Prior to the issuance of building permits, the Los Angeles County Sheriffs
Department shall be provided, by the City, the opportunity to review and
comment upon any commercial building plans: (1) to facilitate emergency access;
(2) to assure the consideration of design strategies which facilitate public safety
and police surveillance; and (3) to offer design recommendations to reduce
potential demands upon police services.
13. Project security features which shall be incorporated into the final design may
include: (1) residential dwelling unit and commercial building orientation 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.
14. 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.
15. 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.
16. 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.
17. The project applicant(s) shall provide to the County Sanitation Districts of Los
Angeles County information regarding the construction and/or building schedule
17
of the project so that the timing of the County Sanitation Districts' expansion may
be coordinated with the project increase in demand.
18. 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
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.
19. 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.
20. 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.
21. The South Pointe Master Plan shall constitute the development standards for
Tentative Tract 51253 (Exhibit "C", Resolution No. 93-20).
22. The project applicant shall first obtain a Hillside Grading Conditional Use Permit
and an Oak Tree Removal Permit prior to issuance of any grading permit.
23. Applicant shall comply with mitigation monitoring program to implement the
required EIR mitigation measures.
18
RESOLUTION NO. PC 93-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF
ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND APPROVAL OF
A HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT AND AN OAK TREE
PERMIT ASSOCIATED WITH THE DEVELOPMENT OF THE SOUTH POINTE
MASTER PLAN AND TENTATIVE TRACT NO. 51253 TO DEVELOP A 21 LOT
SUBDIVISION, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF
PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS
IN SUPPORT THEREOF.
A. Recitals
(1) Sasak Corporation, 858 W. 9th Street, Upland, CA 91785; (the "Applicant"
hereinafter), has heretofore filed an application for approval of a Hillside
Management Conditional Use Permit and an Oak Tree Removal Permit as
described in the title of this Resolution. Hereinafter in this Resolution, the
subject Hillside Management Conditional Use Permit and Oak Tree Removal
Permits shall be referred to as the "Applications".
(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 Applications, within the City of Diamond Bar.
(iii) As a component of the South Pointe Master Plan the application has been
processed in accordance with Ordinance No. 4 (1992) of the City of Diamond
Bar.
(iv) On October 26, 1992, January 25, February 8, February 22, February 25, March
22, April 12, April 26, April 29, May 10 and May 24, 1993, the Planning
Commission of the City of Diamond Bar conducted a duly noticed public hearing
on the subject matter of the Application.
(vi) All legal prerequisites to the adoption of this resolution have occurred.
b. Resolution
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds, and based thereon, recommends that the
City Council so certify, that Environmental Impact Report No. 92-1
(SCH92081040) 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.
92-1 (SCH92081040) reflects the independent judgment of the City of Diamond
Bar.
3. The Planning commission hereby specifically finds and determines, and
recommends that the City Council so find and determine, 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
Environmental Impact Report No. SCH92081040, except as to those effects which
are identified and made the subject of a Statement of Overriding Considerations
which this planning Commission 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 Planning Commission hereby recommends that the City Council adopt the
Findings, Facts in Support of Findings, and the Statement of Overriding
Considerations attached hereto as Exhibit "A" 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. Based on substantial evidence presented to this Commission during the above -
referenced public hearings, including written and oral staff reports, public
testimony and the record of the Applications, this Planning Commission hereby
specifically finds as follows:
(a) The Applications apply 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 No. 2714 1) and Morning Sun Avenue, north of Pathfinder
Road and the adjacent existing residential area (Tract No. 32576) and
2
south of existing residential and vacant land located southerly of Co,lima
Road.
(b) Surrounding properties' zoning and land use designations are:
East: RPD 10,000 6U/Vacant;
South: RPD 10,000 6U/Vacant;
West: County of Los Angeles/Single Family Residential;
North: R-1 15,000 Single Family Residential
(c) The Applications are for a Hillside Management Ordinance Conditional
Use Permit and an Oak Tree Removal Permit to remove 53 Coast Live
Oaks.
(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 Tentative Tract No. 51253 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 oak tree biological resources, mitigation measures have been included
as project conditions to reduce the impact of oak tree loss and a Statement
of Overriding Considerations has been noted on these unavoidable
impacts.
(f) Neither the design of the subdivision nor the types of improvements will
cause serious public health problems, since sewage disposal, storm
drainage, public services and geological and soils factors are addressed in
the conditions of approval appended hereto.
(g) 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.
(h) The proposed subdivision does not contain or front upon any public
waterway, river, stream, coastline, shoreline, lake or reservoir.
3
(i) The subdivision and development of the property in the manner set forth
on the map will nor 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.
(j) 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.
(k) 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.
7. Based upon substantial evidence presented to the Planning Commission during the
above -referenced public hearing and upon the specific findings of fact set forth
above, pursuant to the provisions of Ordinance No. 4 (1992) of the City of
Diamond Bar, the Planning Commissions hereby finds and determines as follows:
(a) The actions proposed to approve a Hillside Conditional Use Permit and an
Oak Tree Removal Permit has been processed in accordance with the
provisions of Ordinance No. 4 (1992) of the City of Diamond Bar.
(b) The Applications as proposed and conditioned herein comply with all
other applicable requirements of State law and local ordinances.
(c) The approvals granted through this Resolution are contingent upon
approval of Tentative Tract No. 51253 and all its conditions.
8. Based on the findings and conclusions set forth herein, this Planning Commission
hereby recommends that the City Council approve the Applications subject to the
following conditions which are set forth in Exhibit B hereto and are incorporated
by reference.
9. The Planning Commission Secretary is hereby directed (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 Sasak Corporation, 858
W. 9th Street, Upland, California 91785.
4
Approved and adopted this the 24th day of May, 1993, by the Planning Commission of the City
of Diamond Bar. --
BY:
Bruce Flamenbaum, Chairman
I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby
certify that the foregoing Resolution was introduced, passed and adopted at a regular meeting
of the Planning Commission of the City of Diamond Bar held on the 24th of May, 1993, by the
following vote:
AYES: COMMISSIONERS: Flamenbaum, Meyer
NOES: COMMISSIONERS: Li
ABSENT: COMMISSIONERS: Grothe, Plunk
ABSTAINED: COMMISSIONERS:
ATTEST:
XT;A't(�E
JarWs DeStefano, S etary
AASASAK.6-2
SASAKCORPORATION
858 West 9th St., Upland, California, 91785-1153, (714) 981-6449
October 4, 1994
City of Diamond Bar
Planning Commission
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765-4177
Subject: General Plan Zoning of
Tentative Tract No. 51253
Honorable Planning Commissioners:
At your September 1994 meeting, the Commission took action on the
General Plan that affects the above mentioned Tentative Tract,
which is my property. That action was to place this property in
the openspace element of the proposed general plan. This is
contrary to previous Planning Commission action and is detrimental
to my property. I wish to register my strong objection to this
action and request that my property be included in the residential
element of the general plan that is consistent with the previous
actions and recommendations that the Planning Commission has taken
on this property!
Respectfully Submitted,
cc: City Council City of Diamond Bar
James DeStefano, Community Development Director
Leader in Lodging Industry Development and Management
S� ASAKICORPORATION
October 6, 1994
Mr. James DeStefno
tyre -tv
858 West 9th St., Upland, California, 91785-1153,(714) 981-6449
Community Development Director
7"
City Of Diamond Bar
21660 E. Copley Dr. Suite 190
Diamond Bar, CA. 91765
n M
Re: Tentative Tract Map NO: 51253
�, z
Dear Jim:
I recently found that planning Commission of the City of Diamond Bar took some action on
above reference property on General plan that will be detrimental to my property and I will be in
great economical loss. Therefore request is hereby made to designate my property "Planned
Development".
As you are fully aware that my property has been approved for a 21 lot by the Planning
Commission in July of 1993. I strongly opposed to Planning Commission action for a open
space.
This property is privately owned and down zoning of my property is contrary to the previous
approval of Planning Commission. In taking this action I feel that I am trapped by the authority.
Leader in Lodging Industry Development and Management
Walnut Valley Unified School District
880 South Lemon Avenue, Walnut, California 91789 • (909) 595-1261 • Fax (909) 595-9626 • Ronald W. Hockwalt, Ed. D., Superintendent
tiD �
:_
September 12, 1994f"o _
Amut Patel, President
Sasak Corporation
P.O. Box 1153
Upland, CA 91784
Dr. Mr. Patel:
In reviewing your letters of September 7 and September 8, the Board of Trustees of
the Walnut Valley Unified School District are willing to offer the lot line adjustment
for $1.50 a square foot and the easement for off-site grading at $.50 a square foot.
We are basing our numbers on the appraised value of the land.
Let me also caution you, that if you wish to purchase the property adjacent to
Morning Sun Drive, City of Diamond Bar, Tentative Tract Map 51253, we need to
first make the land available to the City of Diamond Bar. It is our understanding that
we must offer it for bid and then have you bid on the land. This process is in
accordance with Education Code requirements that we believe pertain to this
situation at this time.
Should you have additional questions or concerns, please feel free to contact me.
• �t� .
U
Ronald W. Hockwalt, Ed.D.
Superintendent
mom
Walnut Valley Unified School District
680 South Lemon Avenue, Walnut, California 91789 • (909) 595-1261 • Fax (909) 595-9626 • Ronald W. Hockwalt, Ed. D., Superintendent
September 8, 1994
Amut Patel, President
Sasak Corporation
P.O. Box 1153
Upland, CA 91784
Dear Mr. Patel:
Last night, the Board of Trustees for the Walnut Valley Unified School District
considered selling sufficient real estate for a lot line adjustment and easement for
grading immediately adjacent to the Sasak Property. It is our understanding that such
a transaction of real estate and easements will only accommodate plans to build on
your immediate property.
At this time, we do not know the price of the real estate. We will inform you shortly as
to the price of the real estate and easement. I also need to check with legal counsel
regarding whether we need to go to bid as part of this transaction.
Sincerely,
Ronald W. Hockwaft, Ed.D.
Superintendent
RWH:jh
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DIAMOND JIMS DAIRY
23671 Golden Spring Drive
Diamond Bar, CA 91765
(909) 861-7103
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October 10, 1994
J
77
Mr. Tarry Belanger
City manager
City of Dimond Bar
21660 E. Copley Dr. Ste 100 rn
Diamond Bar, Ca 91765
Re: SASAK DEVELOPMENT
Door Mr. Belanger
It has come to my attention that above reference project has been delayed for
approval by the council members over year or so sine PIMMImg Commission has
approved Mr. Patel project for 21 Lot for 21 unit as per city code in 1993.
The rehrence project have been approved by Planning Commission, which
W Patel have Presidential rights. RNthermore, the recent action by Plaiming
Commission is coaft-ary to violated development rights of Mr. Patel.
W Patel's project will meet all the requirements of the Ws cauent
ardinince and accordingly he would like to have 21 Lot for 21 units; which is I lot
per I unit. Als% it is oauftned the Deed restriction since he is not going to have
any duplex or fourplex on each lot, which means one unit per am lot.
Furthermore, I understand that it was asked by Council Members to make
minor changes like facing house toward morning am and not having through street
which will not =pact significant to the previous approval of Planning C
C7.
We am cow why p2W project has not
Cby council in I" May 1994. 0. �ro� since E.I.R. have bean
project to be approved at Councils fully � this
g oa October 18, 1994.
I aMmu to for your kind w operation m dus reprds.
sinc�y,
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(714) 27741211
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(213) 257-3079
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Dr. Arvind Mehta
(113)402,7149
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Dinesh ilhrargova
(213)-918-7255
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(714) 860-6420
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Dr. Y. C'Itaturvedi
(71.4) 676-2997
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Kisson Cltavan
(818)912-429-
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R—agh Gandhi
(310)809.6072:.-B
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(213)800.8569riTL
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(213) 909.16M
RameshMahajan
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(213)926-1428
Dip:utker Mukheraji
(310)402.948.5
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Dr. Munmobat hlayyu
(619) 742-5023
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Dr. Amrii Nehru
('M3) 866-9734r
KantiPatel
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(818) 289-2544Cji
Cltanau Patel
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(714)591.0304
Arun P. Shah
((5) 9) 265-91 J 7
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Madan 1-41Sltanna
(714)537-1636
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Dr. Kanubhai TeJurs
(71,4)734.1214rYrC/3L
MUM Vigyan
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(80.5) 7,9K-3140
MaharajWanch(ro
U1� RoN1G'E-Cr ATE yot+2 COop.11�riarl.
(7)4) 798.6205
4901 PCICHIC 81Vd, - Ve(non, California - 40068 • Tel: (213) 589-5085 •Fax: (213) 589.7420
r C'.— [_ITY CuaN(..(L CF �)IAMoN&
TUNDI9/M.M. SMITH
M. MICHAEL SMITH
ATTORNEY AT LAW
IM&S WEST w00*MILL SOU46.9vA&0
UPLAND. CALIFOMIA 91766
TELEPa101.E (0091 900 -MIA
►..G91..ILE 10001 OOS-3701
October 11, 1994
City of Diamond Bar
21660 East Copley, Suite 100
Diamond Bar, CA 91765-4177
909 985 3381 P.02
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Attn: James DeStefano, Community Development Director
RE: Tentative Tract Map No. 51253
Dear Mr. Destefano:
Please be advised that I have been retained to represent Mr.
Amrut Patel and the SASAK Corporation with respect to the pending
application for approval of Tentative Tract Map No. 51253.
Mr. Patel has become increasingly concerned that his
proposed project is not receiving a fair and timely consideration
by the City of Diamond Bar. As you know, my client submitted his
application for approval in March of 1993. In the mean time, Mr.
Patel has expended nearly $50,000 in application fees and
engineering expenses in his unending effort to satisfy the
questions and concerns of City planning staff, the Planning
Commission and the City Council.
In July of 1993, the Planning Commission reviewed my
client's project in its entirety and formally voted to recommend
approval, forwarding the matter to the City, Council. In April of
1994, an Environmental Impact Report encompassing the subject
project was formally Certified. It has now been nearly six
months since Certification of the E.I.R., and my client has yet
to have a fair hearing on the project_
I am in receipt of a copy of your letter dated October 3,
1994 wherein you address certain "issues and concerns" with the
project. You have indicated in your discussion of the General
Plan that the Planning Commission has recommended the retention
of the General Plan Advisory Committee designation of "open
Space" for my client's 6.7 acre property. Apparently, in
forwarding its recommendations to the city Council, the General
Plan Advisory committee has ignored over eighteen (18) months of
application processing for my client's property. It appears that
even the Planning Commission has recommended adoption of a
General Plan which is contrary to its own recommendation of
approval for Mr. Patel's project. This is in direct
contradiction to the written representations of Robert Searcy,
04:?2PM M.J. TUNDIS/M.M. SMITH—
909 985 3381 P.03
Associate Planner, concerning the coning for the site. It is
also patently unfair to "change the rules" shortly before the
conclusion of an application process which has exhausted $50,000
and over a year and one-half of my client's time and effort.
This letter is not intended to be an exhaustive response to
your letter of October 3. By letter dated May 13, 1994 my client
specifically addressed a number of issues raised concerning the
project. Shortly after the May letter, my client met
With four of the five council members and subsequently Personally
each specific concern ne 2 1994.
99 y addressed
were two minor changes btohthe ldesign er dlayout ated uwhich' were .timely
e
submitted. These minor changes should not inhibit the Council
from promptly reviewing the project and voting on its merits.
In short, we strongly urge you as well as the City Council
to give these fairness issues prompt consideration before
adoption of the General Plan. My client remain$ ready, willing
and able to specifically address any
concerning his project. questions you 'may have
However, it is imperative that this
costly and arduous application process not be de -railed at the
"eleventh hour" by the adoption of an ill advised *Open Space"
designation for the subject property.
Please contact us immediately to resolve these issues and
proceed in a timely manner with the approval process.
Singerely,
M. MICHAEL
Attorney At
MMS/lls
cc: Amrut Patel
TOTAL P.03
kECEIVED COMMUNITY
1C�i��
JN 94062-00
Date: September 21, 1994
r, -P 21 PM 2: 5; p
Tentative TRACT No. 51253
Lot & Pad Size Tabulation
Lot
Lot Area
Pad Area
1
2
8,640
SF
6,336
SF
3
8,960
SF
6,880
SF
4
8,640
SF
6,080
SF
5
16,320
SF
5,760
SF
6
15,680
SF
7,520
SF
7
8,640
SF
8,000
SF
g
8,960
SF
8,352
SF
9
8,320
SF
7,840
SF
10
13,440
SF
7,040
SF
11
20,512
SF
9,760
SF
12
13,184
SF
9,440
SF
13
10,368
SF
7,200
SF
14
10,752
SF
7,392
SF
15
11,552
SF
7,104
SF
16
11,200
SF
7,424
SF
17
12,448
SF
7,360
SF
18
15,712
SF
7, 200
SF
19
12,704
SF
9,600
SF
20
8,640
SF
6,240
SF
21
8,160
SF
6,080
SF
9,920
SF
6,400
SF
Average Size 11,559 SF 7,381 SF
Maximum Size 20,512 SF 9,760 SF
Minimum Size 8,200 SF 5,760 SF
GRVATFR LOS ANGELES CHAPTER NATIONAL SAFETY COUNCIL
3 4 5 0 WILSHIRE BOULEVARD • SUITE 7 0 0 • Los ANGELES CALIFORNIA 9 0 0 10
(800) 421-9585 • (213) 385-6461 FAX (213) 385-8 g
hO5
7.
if
September 26, 1994
r.�
R:l -
Honorable Mayor:y
For many years the number of traffic fatalities has declined due to the increased
usage of safety belts and child restraints, saving almost 30,000 lives. Despite these
figures, some 30% of Californians are still not wearing their seat belts. Some
mistakeniy believe that if their vehicle has an alrbag, they do not need to wear their
seat belts.
There is no better known way to reduce traffic fatalities and prevent serious injuries
than to use a seat belt or child restraint. The proof of their effectiveness has led 42
states to enact seat belt laws.
For these safety and economic reasons, the Greater Los Angeles Chapter National
Safety Council urges your City to renew its commitment to the "Buckle Up for Life"
Program.
Our goal is still 100% safety belt/child restraint usage. Your official proclamation
(sample enclosed) in support of the "Buckle Up for Life Challenge" is still of primary
importance in achieving this goal.
An official City-wide policy on safety belts usage is a must in this effort. Educational
programs to increase seat belt use are a necessity. Your Safety Council has many
educational materials available to you at no cost. Just contact us at (213) 385-6461
so we may help you.
We strongly urge that one or more of your city officials attend our quarterly Southern
California Traffic Safety Forum that addresses many of the traffic concerns of your
community.
Best wishes for a safer 1995. We look forward to receiving your 1995 'Buckle Up
for Life" Proclamation to put your city, along with so many others, on the side of
saving lives and preventing injuries in Southern California.
Cordially,
dr M
Joseph M. Kap an,
President
JMK: CA
Encl.
SAMPLE PROCLAMATION
BUCKLE UP FOR LIFE CHALLENGE
November 1, 1994 through 1995
WHEREAS, traffic crashes are the NUMBER ONE killer of Americans,
ages 1-34, and last year in California, 4,999 people were killed in
traffic crashes, on our streets and highways; and
WHEREAS, the safety seat belt has been proven to be the most
effective life-saving and injury -reducing device for all types of
motor vehicle crashes; and
WHEREAS, as many as 2,000 lives could be saved each year if every
driver and passenger in California would wear safety seat belts
during every trip in a car; and
WHEREAS, the BUCKLE UP FOR LIFE CHALLENGE has been extended through
1995 and
WHEREAS, this extension will give city government, community
oranganizations, business, industry and labor and additional
opportunity to help bring about a significant increase in seat belt
and child car seat usage, by focusing public attention on the life-
saving benefits of these safety devices; and
WHEREAS, the Greater Los Angeles Chapter National Safety Council
has invited all of Southern California to join in this vital effort
to reduce the terrible ,carnage that prevails on our streets and
highways,
NOW, THEREFORE, BE IT RESOLVED, that the City of
renewing its commitment to the vital BUCKLE UP FOR LIFE CHALLENGE,
hereby proclaims the remaining holiday months of 1994 and all of
1995 as
BUCKLE UP FOR LIFE CHALLENGE
and pledges to make every possible effort --through ceremonies,
programs, and activities --to encourage its citizens to buckle up
their seat belts and child safety seats each and every time they
travel in a motor vehicle.
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).
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."
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 OPERATION
any public1BEREAs, it is important to the successful operation of
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
Council will
WNZRZUpromote understanding and trust among members
City Council and staff concerniof the
ng their roles, responsibilities and
expectations for the operation of the City;.and
WZ=Z", 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.
NOS,ORl,
as follows: HH IT RNSOLVSD by the City of Diamond Bar
CITY CODi@TT. we�sv. Oi Op f�TAr
section 1. OPERA T20N OF CITY 90MIT MEETINGS
A. The Council shall meet the first and third Tuesdays of each
month, commencing at 6:oo 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 thi next Tuesday meeting.
B. Public Comments are to be scheduled for 6:00.m.
following the Flag Salute, Roll Call and council comments.
C. No action is to be taken on
Comments. items raised under Public
Besides oral requests,
requested to put concerns in writing, citizens• may also be
if that the item(s) bis
e
to be agendized, for a later Council meeting date, at the
discretion o! the Council and City Manager.
D. At the beginning of the meeting, if there are a .number 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 comments, speak
at the end of the meeting or contact Council or City Manager.
This doas not apply to scheduled agenda items.
COUNCIL STANDARDS
Page Two
section 1. OPERATION OF CITY COUNCIL MEETi GS (CON'T)
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-minute 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 hearinq 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 thw public and staff.
J. Council Members should not get into a debate with a member of
the public or staff at a Council meeting.
K. The City Council will, on a quarterly basis, agendize and
prioritize' 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 hearinq 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 meetinq (from the public or staff) will be
documented with a receipt time and date by the City Clerk and
distribution indicated. If the City Clark 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
section 1. OPERATION OF CITY COUNCIL MEETING(CON'T1
N. All minutes of City Council meetings shall be composed
utilising an action -taken format; rather than a transcript
format. All meetings shall be audiotaped, 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.
A. Individual Council Members will have the right to attend
meetings but are cautioned about becoming involved in the
meeting'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.
Beotion 3. COUNCIL ME"= P SENTATION3-AT OTHER A ENnrPa sur
GROUPS 11
A. If a member of the City Council represents the City before
another governmental agency, organization, the Council Member
will first indicate the majority position of the Council.
Personal opinions and comments may be expressed only if the
Council Member clarifies that these statements do not
represent the position of the City Council.
eeation 4. CITY COUNCIL REL.TTONSHTps WITH CITY ST FF
A. There will be mutual respect from both staff and Council -
members of their respective roles and responsibilities, when
expressing criticism in public session.
B. In public session, City staff members will address Council
members, utilizing Mayor, Councilman or Councilwoman= and,
Council members will address all staff members, utilizing Mr.
or Ms. rather than the person's first names.
COUNCIL STANDARDS
Page Four
SOCtiOn 4. CITY COUNCIL REL TIONauTAc WITH CITY STAFF (CON'T1
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 be 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 processing 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 Hember 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. City 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
Page Five
section S. LITIGATION ANQ CONFIDENTT ' on
frMulmt
B. If the City Council in closed session has provided direction
to City staff on proposed terms and conditions for any type of
negotiations whether it be related to property acquisition or
disposal, a proposed or pending claims or litigation, and/or
employee negotiations, all contact with the other party will
be the designated City person(s) representing the City in the
handling of the negotiations or litigation. A Council Member
will not have any contact or discussion with the other party
or its representative involved with the negotiation during
this time and will not communicate any discussion conducted in
closed sessions.
section s.
A. Frequent communication is an important and int
ral art of
Council relationships and will be the standard of operat on.
B. Respect for each individual Council Members interpersonal
style will be a- standard of operation. , Courtesy and
sensitivity to individual points of view will be a standard
Of operation.
C. On areas where Council Members disagree, especially on the
process to be used, discussions will occur to facilitate a
clear direction.
D. Council approach to authority is collegial rather than
individual.
E. Council Members will keep an open mind on all issues.
,.
F. Individual Council Members, on mattdrs pertaining to upcoming
or anticipated items where a public hearing will be held, will
maintain as near neutral position as possible to assure not
only the appearance but the actual degree of openness that is
attendant to our community responsibility.
The City Clerk shall certify to the adoption of this Resolution.
1991. pABSZD• APPROVED MW AMPTID this 3rd day of December _,
COUNCIL STANDARDS
Page Six
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was
adopted at a regular meeting of the CiCo!
Diamond Bar held on_ tyouncil the City of
vote: Decembday of er 3 1991, by the following
AYES: COUNCILMEMBERS: Miller, Forbing, M/Rim
NOES: COUNCILMEMBERS: None
ABSENT:: COUNCILMEMBERS: Papen, Werner
ABSTAINED: COUNCILMEIKBERS: None
J
LYN BURGESS, -C Clerk
City of Diamond Bar
`I
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 S 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
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 S yearY
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
cifivielaraxtI I"
Fru�p: Clsir U1.■arMeap.�'7�
Hay►ur Nro=Tcmu
City Of Diamond Mar
Attn: �r. Fra.n)� tiTsher �,
c/o Terry B�e1an�er � `LL .'
8ub�ect: Contract Totahec '7° r
Date: 10/6/94 Y V
Confirm Receipt 47f Thus F'ax
Communique
ftewcoXL& xotice Th31-.d xoti Fins1 Not%e
Please provide total contract amounts for the following
Return FAX is (909) 861.8881 and Idephone is (909) 86148881
Address: P.O.gox 4153, Diamond gar, CA 91765
[Nat Distributed or Prepared at Public 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 Company
24) Int'1 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
l 0) Coast Landscape
29) Landscape West
I ])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 (909) 861.8881 and Idephone is (909) 86148881
Address: P.O.gox 4153, Diamond gar, CA 91765
[Nat Distributed or Prepared at Public Expense]
C1 Inelliplax Lil AC
From: Clair U'. Nnrmony,
Haver NremTem
City Of Diamond Bar
38) Pomona My Transportation
39) Public Financial
40) RJM Design
41) San Gabriel My 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 and Telephone Is (909) 861-8881
Address. P.O.Box 4153, Diamond Bar, GA 91765
Not Distributed or Prepared at Public Expense]
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and Members of City Council
FROM: Gary Werner, Mayor
RE: City Council Sub -Committees
.TE: 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 BAR
AGENDA REPORT
AGENDA NO. 6`J —
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 1, 1994
27, 1994
FROM: George A. Wentz, Interim city REngineer EPORT T ContiOnuedber from 10/18/94
TITLE: Four-way stop control on Brea Canyon Road at Cold Spring 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 Spring 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 Spring 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 _ Public Hearing
Notification
2L Resolution(s) _ Bid Specification (on file
in City Clerk's Office)
Ordinances(s) X Other: Heritage Park Parking Lot
Layout
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed by the City
reviewed by the City Attorney?
2. Does the report require a majority or 4/5 vote? Yes X No
3. Has environmental impact been assessed? Majority
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission? Traffic and TranaPortatioa X Yes _ No
5. Are other departments affected by the report?
Yes Report discussed with the following affected departments: N/A X No
REVIEWF,`D By:
--i
L`!
Te rence L. langer Frank Usa "-
City Manager. eorge . Wentz
Assistant City Manager Interim City Engineer
i
CITY COUNCIL REPORT
ISSUE STATEMENT:
Feasibility of installing four-way stop control on Brea Canyon Road at Cold
Spring 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 Spring Lane at Brea Canyon Road
to a four-way stop control at the intersection of Brea.Canyon Road and Cold
Spring 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
As a change order item, the parking lot improvements of $3,798.57 can be done
as part of the slurry seal improvement program. The remaining 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
Spring 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 Spring
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 Spring Lane and denying the establishment of a 25 mph special zone on
Brea Canyon Road in the vicinity of Heritage Park Community Center.
AGENDA NO.
MEETING DATE:
November 1, 1994
TO:
Honorable Mayor and Members of the
City Council
FROM:
Terrence L. Belanger,
City Manager
SUBJECT:
Four-way stop control
and 25
on Brea Canyon Road at Cold Spring Lane
MPH special zone study on
vicinity of Heritage Park Community
Brea Canyon Road in the
Center.
ISSUE STATEMENT:
Feasibility of installing four-way stop control on Brea Canyon Road at Cold
Spring 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 Spring Lane at Brea Canyon Road
to a four-way stop control at the intersection of Brea.Canyon Road and Cold
Spring 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
As a change order item, the parking lot improvements of $3,798.57 can be done
as part of the slurry seal improvement program. The remaining 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
Spring 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 Spring
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 Spring 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 SpringsLane
November 1, 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 Spring 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
Brea Canyon Road. Additionally, flows on
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
November 1, 1994
Posting a special zone
conflict with existing
ignored by a majority
problems.
ON-SITE PARKING
spring Lane
for the Heritage Park Community Center would create
school zone signing. It would most likely also be
Of motorists creating additional traffic enforcement
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 staffs opinion that the
additionally desired parking spaces are a matter of convenience rather than
needs.
As stated previously, staffs 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
order to see the empty stall, or slow down abruptly hwh nus y t they come upon an
empty space.
PREPARED BY:
David G. Liu
Tseday Aberra
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RESOLUTION NO. 94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
MODIFYING AN EXISTING TWO-WAY STOP CONTROL ON COLD SPRING
LANE AT BREA CANYON ROAD TO A FOUR-WAY STOP CONTROL AT
THE INTERSECTION OF BREA CANYON ROAD AND COLD SPRING LANE
A. RECITALS.
(i) The Traffic and Transportation Commission
considered this matter at a public meeting on October 13, 1994.
(ii) At the meeting of October 13, 1994, the Traffic
and Transportation Commission determined that the modification of
the existing two-way stop control on Cold Spring Lane at Brea
Canyon Road to a four-way stop control at the intersection of Brea
Canyon Road and Cold Spring Lane in this resolution are
appropriate.
(iii) The Traffic and Transportation Commission
recommends the installation of a four-way stop signs at the
intersection of Brea Canyon Road and Cold Spring Lane.
B. RESOLUTION
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Pursuant to Section 15.20.010 of the Los Angeles County
Code, as heretofore adopted, by reference by the City Council,
provides the following upon approval by the City Council:
a. Modification of the existing two-way stop control
on Cold Spring Lane at Brea Canyon Road to a four-
way stop control at the intersection of Brea Canyon
Road and Cold Spring Lane.
2. The City Council hereby finds that the public health,
safety, and welfare will be best protected by installing a four-way
stop control at the intersection of Brea Canyon Road and Cold
Spring Lane.
3. This resolution shall become effective upon installation
Of the four-way stop control at the intersection of Brea Canyon
Road and Cold Spring Lane as required in Section 1 of this
resolution.
PASSED, APPROVED and APPROVED this
day of � 1994
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
Of Diamond Bar held on day of
1994 by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Cit - Clerk
City of Diamond Bar
Interoffice
MEMORANDUM
To: Honorable Mayor and Members of the City Council
From: Terrence L. Belanger, City Manager "
Troy L. Butzlaff, Assistant to the City Managel p—
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) establishing 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, GTEL/GTE 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, PACTEVs 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.
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. , L
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 1, 1994 REPORT DATE: October 27, 1994
FROM: George A. Wentz, Interim City Engineer
TITLE: Award of contract for operation of the 1994 Holiday Shuttle
Program
SUMMARY: The 1994 Holiday Shuttle Program is scheduled to begin on November
14, 1994 and end on December 31, 1994. As proposed, the service will be
available Monday through Friday between the hours of 10:00 a.m. and 6:00
p.m., except on November 24, 1994 (Thanksgiving Day) and December 25, 1994
(Christmas Day) and is available to any resident of the community. The
Holiday Shuttle Program is intended to provide an alternate means of
transportation to the various shopping centers within the City of Diamond
Bar.
RECOMMENDATION: That the City Council award a.contract to Western Transit
Systems, Inc./Yellow Cab Company of Northern Orange County, Inc. in an amount
not -to -exceed $22,000.00. This includes $400.00 to paint and install decals
and signing on both shuttle vans.
LIST OF ATTACHMENTS: X Staff Report
Resolution(s)
Ordinances(s)
X
Agreement(s)
EXTERNAL DISTRIBUTION:
Public Hearing
Notification
_ Bid Specification (on file
in City Clerk's Office)
X other: Proposal
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
5.
Which Commission?
Are other departments affected by the report? _
Yes X
No
Report discussed with the following affected departments:
N/A
REVIEWED BY:
Terrence L. B 7
an er
City Manager
Frank M.
Assistant
CITY CUUNCIL REPORT
AGENDA NO.
MEETING DATE: November 1, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Award of contract for operation of the 1994 Holiday Shuttle
Program
ISSUE STATEMENT:
Should a contract be awarded to provide two (2) shuttle vans for the 1994
Holiday Shuttle Program?
RECOMMENDATION:
That the City Council award a contract to Western Transit, Inc./Yellow Cab
Company of Northern Orange County, Inc. to provide two (2) shuttle vans for
the 1994 Holiday Shuttle Program in an amount not -to -exceed $22,000.00. This
includes $400.00 to paint and install decals and signing on both shuttle
vans.
FINANCIAL SUMMARY:
The 1994 Holiday Shuttle Program will be funded by the City's Proposition A
monies.
BACKGROUND/DISCUSSION:
The City of Diamond Bar's Holiday Shuttle Program is a free transportation
service that circulates within City limits. It is designed to provide
residents an alternate transportation means during the holiday seasons to
reach various types of shops, businesses, residences, and restaurants located
in the City. This year, additional shuttle stops were included on Grand
Avenue at Sunset Village Shopping center, Rolling Knoll Road, Country View
Drive, Summitridge Drive and Longview Drive. Shuttle stops were also
included at the intersections of Grand Avenue and Golden Springs Drive,
Diamond Bar Boulevard and Sunset Crossing Road, Brea Canyon Road and
Pathfinder Road at Diamond Bar High School, and Sunset Crossing Road at YMCA.
Staff will advertise the Program through the Windmill, Shopper's Guide
(Chamber of Commerce), and by distributing flyers throughout the City. Staff
has received requests from residents to continue with this type of service.
The first year this program was offered, there were 1,239 riders. Ridership
has been increasing since then; with 1,686 and 1,811 riders in 1992 and 1993,
respectively. It is hoped that this year's program will attract an equal
number of riders, if not more.
The 1994 Holiday Shuttle Program is scheduled to begin on November 14, 1994
and end on December 31, 1994. It will operate Monday through Friday between
the hours of 10:00 a.m. and 6:00 p.m., except on November 24, 1994
(Thanksgiving Day) and December 25, 1994 (Christmas Day), which falls on a
Sunday.
Page Two
1994 Holiday Shuttle Program
November 1, 1994
On September 27, 1994, the Department of Public Works solicited proposals
from four (4) qualified transit operators to provide two (2) well-maintained
17 -passenger shuttle vans for the 1994 Holiday Shuttle Program. The names of
operators who submitted proposals and their hourly rate per service hour are
as follows:
TRANSIT OPERATOR HOURLY RATE
Antelope Valley Bus, Inc. $58.00 for the first 5 hours and $47.00 for
each additional hour thereafter.
Embree Buses, Inc. $45.00 for the first 5 hours and $42.00 for
each additional hour thereafter.
Pomona Valley Transportation $37.00
Authority
Western Transit, Inc./Yellow $35.00
Cab Company of Northern Orange
County, Inc.
Staff reviewed the proposal and references submitted by Western Transit,
Inc./Yellow Cab Company of Northern Orange County Inc. and found them to be
qualified to operate the City's 1994 Holiday Shuttle Program.
PREPARED BY:
David G. Liu
Tseday Aberra
AGREEMENT
BETWEEN THE CITY OF DIAMOND BAR AND
WESTERN TRANSIT SYSTEMS, INC. (WTS)
SCOPE OF SERVICE - WTS shall provide holiday shuttle service utilizing two (2)
vehicles on separate routes as agreed.
SERVICE PERIOD - Service shall be provided for a period of seven (7) weeks or thirty-
four (34) days, beginning November 14 through December 31, 1994, Monday
through Friday, between the hours of LOAM and 6PM, except November 24,
which is Thanksgiving Day.
VEHICLES - WTS shall provide service utilizing two (2) well maintained seventeen
(17) passengers vans.
SIGNAGE - The signage on the vehicles will consist of lettered signs (green or red) that
read as follows: "DIAMOND BAR HOLIDAY SHUTTLE", on each side of the
vehicle, at a cost of $200.00 per vehicle. Also, a City of Diamond Bar decal will
be affixed as designated.
SERVICE HOUR RATE - shall be $35.00 per service hour and shall not exceed eight (8)
hours per day per vehicle, unless prior approval is received from the City of
Diamond Bar. Total charges shall not exceed $22,000.00.
CONTRACTOR RESPONSIBILITY - WTS shall be responsible for service operations,
including provision of drivers, fuel, insurance, maintenance, and supervision.
WTS will provide ridership data and statistical information as requested.
TERMINATION OF AGREEMENT - This agreement may be terminated by the City of
Diamond Bar without cause by providing at least five (5) days notice to WTS.
In the event that this agreement is so terminated, WTS shall be compensated at
the applicable hourly rate set forth in this agreement for hours of service provided
through the date and time of termination.
WESTERN TRANSIT SYSTEMS, INC. CITY OF DIAMOND BAR
BY C C L BY
Date: October 19, 1994 Date:
References/Related Experience
Orange County Transportation Authority
550 South Main Street
Orange, CA 92613
Mr. Curt Burlingame (714) 5605921
Developmental Disabilities Center
530 South Main Street
Orange, CA 92613
Mr. Rick Schellhaus (714) 973-1939 ext. 149
City of Whittier
Transportation Department
13320 Penn
Whittier, CA 90602
Ms. Susan Chow (310) 945-8260
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 Western Transit Systems-
.-Inc./yellow Cab Conpanv of Northern orange County, Inc.
(hereinafter referred to as "OPERATOR").
A. Recitals.
(i) CITY has heretofore requested proposals from
qualified transit operators pertaining to the performance of
professional services with respect to operation of the 1994 Holiday
Shuttle service ("Project" hereafter).
(ii) OPERATOR has now submitted its proposal for the
performance of such service, a full, true and correct copy of which
proposal is attached hereto as Exhibit "A" and by this reference
made a part hereof.
(iii) CITY desires to retain OPERATOR to provide
transportation vehicles for the 1994 Holiday Shuttle Program to
CITY, CITY's City Council, and staff commencing November 14, 1994
and ending December 31, 1994.
(iv) OPERATOR represents that it is qualified to perform
such service and is willing to perform such professional service as
hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and
OPERATOR as follows:
B. Agreement.
1. Definitions: The following definitions shall apply
1
to the following terms, except where the context of this Agreement
otherwise requires:
(A) Service: OPERATOR shall provide Holiday
Shuttle services commencing November 14, 1994 and ending December
31, 1994 (except November 2.4, 1994, Thanksgiving Day), thirty-four
(34) days, to City of Diamond Bar residents by providing two (2)
well-maintained 17 -passenger vans. OPERATOR shall operate on
transit routes as defined and specified by CITY Monday through
Friday, between the hours of 10:00 a.m. and 6:00 p.m. Service
hours shall not exceed eight hours, unless prior permission is
granted by CITY. OPERATOR shall be responsible for service
operation, including provision of drivers, fuel, maintenance, and
supervision. OPERATOR shall affix decals and signing on the two
(2) 17 -passenger vans as defined and specified by CITY. Such
professional services as are necessary to be performed by OPERATOR
in order to complete the assigned Project.
2. OPERATOR agrees as follows:
(a) OPERATOR shall forthwith undertake and complete
the project in accordance with Exhibit "A" hereto and all in
accordance with Federal, State and CITY statues, regulations,
ordinances and guidelines, and professional standards, all to the
reasonable satisfaction of CITY and in accordance with the standard
of care normally provided by transit operators.
(b) OPERATOR shall supply CITY with daily counts of
ridership data, as described in Exhibit "A" to CITY within the time
specified by CITY.
2
(c) OPERATOR shall, at OPERATOR's sole cost and
expense, secure and hire such other persons as may, in the opinion
of OPERATOR, be necessary to comply with the terms of this
Agreement. In the event any such other persons are retained by
OPERATOR, OPERATOR hereby warrants that such persons shall be fully
qualified to perform services required hereunder. OPERATOR further
agrees that no subcontractor shall be retained by OPERATOR except
upon the prior written approval of CITY.
3. CITY agrees as follows:
(a) To pay OPERATOR $35.00 per service hour for the
operation of two (2) 17 -passenger vans and $200.00 per van for the
installation of decals and signing as defined and specified by
CITY. Total cost for operation and installation of decals and
signing shall not exceed $22,000.00. 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
OPERATOR.
(b) Payments to OPERATOR shall be made by CITY in
accordance with the invoices submitted by OPERATOR, within thirty
(30) days of receipt of the invoices. All charges shall be in
accordance with OPERATOR's proposal either with respect to hourly
rates for the project.
(c) Additional services: Payments for additional
services requested, in writing, by CITY, and not included in
OPERATOR's proposal as set forth in Exhibit "A" hereof, shall be
paid in accordance with the hourly rate set forth in the proposal.
3
4. CITY agrees to provide to OPERATOR:
(a) Information and assistance with respect to the
1994 Holiday Shuttle Program.
(b) Photographically reproducible copies of maps
and other information, if available, which OPERATOR considers
necessary in order to complete the Services.
(c) Such information as is generally available from
CITY files applicable to the Services.
5. Ownership of Documents: All documents, data, written
resident comments, maps, models, photographs and reports prepared
by OPERATOR pursuant to this Agreement shall be considered the
property of CITY and, upon payment for services performed by
OPERATOR, such documents and other identified materials shall be
delivered to CITY by OPERATOR. OPERATOR may, however, make and
retain such copies of said documents and materials as OPERATOR may
desire. OPERATOR 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 five (5) days prior to the date of termination
specified in said Notice. In the event this Agreement is so
terminated, OPERATOR shall be compensated at OPERATOR's applicable
hourly rates as set forth in the proposal, on a pro -rata basis with
respect to the hourly rate of the Project completed as of the date
of termination. In no event, however, shall OPERATOR receive more
4
than the maximum specified in paragraph 3(a), above. OPERATOR
shall provide to CITY any and all documents, data, written resident
comments, maps, models, photographs and reports, whether in draft
or final form, prepared by OPERATOR as of the date of termination.
OPERATOR may not terminate this Agreement except for cause.
7. Notices and Designated Representatives: Any and all
notices, demands, invoices and written communications between the
parties hereto shall be addressed as set forth in this paragraph 7.
The below named individuals, furthermore, shall be those persons
primarily responsible for the performance by the parties under this
Agreement:
Terrence L. Belanger, City Manager
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
Diane Slagle
Western Transit Systems, Inc./
Yellow Cab Company of North Orange County, Inc.
1619 East Lincoln Avenue
Anaheim, CA 92805
Any such notices, demands, invoices and written communications, by
mail, shall be deemed to have been received by the addressee
forty-eight (48) hours after deposit thereof in the United States
mail, postage prepaid and properly addressed as set forth above.
8. Insurance: OPERATOR 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
OPERATOR allow any subcontractor to commence work on a subcontract
until all insurance required of the subcontractor has been
5
obtained. OPERATOR shall take out and maintain at all time during
the term of this Agreement the following policies of insurance:
(a) Workers' Compensation Insurance: Before
beginning work, OPERATOR shall furnish to CITY a certificate of
insurance as proof that it has taken out full workers' compensation
insurance for all persons whom it may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California.
In accordance with the provisions of California
Labor Code Section 3700, every employer shall secure the payment of
compensation to his employees. OPERATOR prior to commencing work,
shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of
Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self insurance
in accordance with the provisions of that Code, and I will comply
with such provisions before commencing the performance of the work
of this Agreement".
(b) Public Liability and Property Damaae: Throughout
the term of this Agreement, at OPERATOR's sole cost and expense,
OPERATOR shall keep, or cause to be kept, in full force and effect,
for the mutual benefit of CITY and OPERATOR, comprehensive, broad
form, general public liability and automobile insurance against
claims and liabilities for personal injury, death, or property
damage arising from OPERATOR's activities, providing protection of
at least Three Million Dollars ($3,000,000.00) for property damage,
6
bodily injury or death to any one person or for any one accident or
occurrence and at least Three Million Dollars ($3,000,000.00)
aggregate.
(c) General Insurance Requirements: All insurance
required by express provision of this Agreement shall be carried
only in responsible insurance companies licensed to do business in
the State of California and policies required under paragraphs
8.(a) and (b) shall name as additional 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. OPERATOR shall furnish CITY
with copies of all such policies promptly upon receipt of them, or
certificate evidencing the insurance. OPERATOR may effect for its
own account insurance not required under this Agreement.
9. Indemnification: OPERATOR 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
OPERATOR of any and all legal costs and attorneys' fees, in any
manner arising out of the acts and/or omissions of OPERATOR
pursuant to this Agreement, including, but not limited to, all
7
consequential damages, to the maximum extent permitted by law.
10. Assignment: No assignment of this Agreement or of
any part or obligation of performance hereunder shall be made,
either in whole or in part, by OPERATOR without the prior written
consent of CITY.
11. Independent Contractor: The parties hereto agree
that OPERATOR 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. Attorney's Fees: In the event any legal proceeding
is instituted to enforce any term or provision of the Agreement,
the prevailing party in said legal proceeding shall be entitled to
recover attorneys' fees and costs from the opposing party in an
amount determined by the court to be reasonable.
14. Damages: In the event that OPERATOR fails to
complete 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,
OPERATOR shall pay to CITY, as liquidated damages and not as a
penalty, the sum of One Hundred Dollars ($100.00) per day for each
day OPERATOR is in default, which sum represents a reasonable
endeavor by the parties hereto to estimate a fair compensation for
8
the foreseeable losses that might result from such a default in
performance by OPERATOR, and due to the difficulty which would
otherwise occur in establishing actual damages resulting from such
default, unless said default is caused by CITY or by acts of God,
acts of the public enemy, fire, floods, epidemics, or quarantine
restrictions.
15. Mediation: Any dispute or controversy arising under
this Agreement, or in connection with any of the terms and
conditions hereof, shall be referred by the parties hereto for
mediation. A third party, neutral mediation service shall be
selected, as agreed upon by the parties and the costs and expenses
thereof shall be borne equally by the parties hereto. In the event
the parties are unable to mutually agree upon the mediator to be
selected hereunder, the City Council shall select such a neutral,
third party mediation service and the City Council's decision shall
be final. The parties agree to utilize their good faith efforts to
resolve any such dispute or controversy so submitted to mediation.
It is specifically understood and agreed by the parties hereto that
referral of any such dispute or controversy, and mutual good faith
efforts to resolve the same thereby, shall be conditions precedent
to the institution of any action or proceeding, whether at law or
in equity with respect to any such dispute or controversy.
16. Entire Agreement: This Agreement supersedes any and
all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement, or
promise not contained in this Agreement shall be valid and binding.
Any modification of this Agreement shall be effective only if it is
in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first set forth above:
WESTERN TRANSIT SYSTEMS, INC./
YELLOW CAB COMPANY OF NORTHERN
ORANGE COUNTY, INC.
&&_ &G
Name
PJ
Ti le
APPROVED AS TO FORM: CITY OF DIAMOND BAR
City Attorney Mayor
ATTEST:
City Clerk
10
CITY OF DIAMOND BAR
AGENDA REPORT
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 1, 1994 REPORT DATE: October 25, 1994
FROM: David G. Liu, Senior Engineer
TITLE: Award of contract for professional Traffic and Transportation
Engineering Services.
SUMMARY: On September 15, 1994, the Department of Public Works requested
proposals from qualified firms to provide traffic and transportation
engineering services for the City of Diamond Bar on as -needed bases for a
period of two (2) years (November 2, 1994 - November 2, 1996). On September
26, 1994, the City received proposals from Austin -Foust Associates, Inc.,
Warren C. Siecke, Linscott, Law & Greenspan Engineers, DKS Associates,
Associated Traffic Consultants, and Weston Pringle & Associates. After the
review of their proposals, which includes hourly rates and references, the
six firms were interviewed on October 18 and 20, 1994. Staff recommends the
City retain four of the six firms to provide traffic and transportation
engineering services for the City. The four firms are Austin -Foust
Associates, Inc., Warren C. Siecke, Linscott, Law & Greenspan, Engineers, and
DKS Associates.
RECOMMENDATION: That the City Council retain Austin -Foust Associates, Inc.,
Warren C. Siecke, Linscott, Law & Greenspan Engineers, and DKS Associates to
provide traffic and transportation engineering services for the City of
Diamond Bar on as -needed bases for a period of two (2) years (November 2,
1994 - November 2, 1996).
LIST OF ATTACHMENTS: X Staff Report
Resolution(s)
Ordinances(s)
X Agreement(s)
EXTERNAL DISTRIBUTION:
Public Hearing
Notification
_ Bid Specification (on file
in City Clerk's Office)
X Other: R.F.P. and Proposals
(on file in Cit v Clerk's Office)
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been
reviewed by the
City
No
reviewed by the City Attorney?
a majority or 4/5 vote?
X Yes _
Majority
2.
3.
Does the report require
Has environmental impact been assessed?
_ Yes X
No
4.
Has the report been reviewed by a Commission?
— Yes X
No
5.
Which Commission?
Are other departments affected by the report?
_ Yes X
No
Report discussed with the following affected departments: N/A
Ter ence L. "nger Frank s r `- vid G. Liu
City Manager Assistant City Manager Senior Engineer
V:C:\WORK\TT
CITY 001MalL RE58DM
AGENDA NO.
MEETING DATE: November 1, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Award of Contracts for Professional Traffic and
Transportation Engineering Services.
RECOMMENDATION:
That the City Council retain Austin -Foust Associates, Inc., DKS Associates,
Linscott, Law & Greenspan Engineers and Warren Siecke to provide professional
traffic and transportation engineering services on an as -needed basis for a
period of two (2) years, effective November 2, 1994.
FINANCIAL SUMMARY:
Development related projects will be funded through Developer's fees/deposits
paid by the Applicant to the City at the plan -check stage. Capital
Improvement Projects budget include design fees and the City's FY 94-95
budget provides $38,000 for various studies/analysis as deemed necessary by
the City. 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 a firm. 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 traffic and
transportation engineering services on an as -needed basis for a period of two
(2) years, effective November 2, 1994. on September 26, 1994, the Department
received six (6) proposals from Associated Traffic Consultants (Pasadena),
Austin -Foust Associates, Inc. (Santa Ana), DKS Associates (Santa Ana),
Linscott, Law & Greenspan Engineers (Costa Mesa), Warren Siecke (Yorba Linda)
and Weston Pringle & Associates (Fullerton).
Traffic and Transportation engineering services encompasses: reviewing and
recommending on various traffic and transportation investigations and reports
which pertain to private/tract development projects; preparation of traffic
warrant studies, analysis, operations; traffic signal design, etc.
All six (6) proposals were carefully reviewed and on October 18 and October
20, all six (6) firms were interviewed by staff from the Public Works
Department, the Community Development Department and the Office of the City
Manager. The four (4) firms selected by the interview panel were Austin -
Foust Associates, Inc., DKS Associates, Linscott, Law & Greenspan Engineers
and Warren Siecke. The City has a history of working with three (3) of these
companies. Both Austin -Foust Associates, Inc. and DKS Associates have been
providing traffic and transportation consultation to the City since October,
1992 and have also worked on preparing the Circulation Element of the City's
General Plan.
CITY COUNCIL REPORT
NOVEMBER 1, 1994
PAGE 2
In 1991, DKS Associates created a computerized database inventory of all
traffic control devices in the City of Diamond Bar. Warren Siecke has also
been providing traffic and transportation engineering services to the City
since 1991. He has designed and managed the construction of five traffic
signals.
As shown on the attached Exhibit 1, all key members of the four (4) selected
firms have a minimum of thirteen (13) years of traffic and transportation
experience. Austin-Foust's $105, DKS's $125 and Linscott, Law and
Greenspan's $106 hourly rates for their key reviewers are extremely
comparable. Warren Siecke's hourly rate of $66.50 - $88.50 is reasonably
reflective of this Company's three man team; even though they have in excess
of seventy-five (75) years of experience between them.
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 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 four (4) firms.
It should be noted that with this pool of consultants the City will be able
to commission a wide range of traffic and transportation related work at
minimum notice. This may include: Traffic Impact Studies of Proposed
Projects; Analysis of Traffic Operations on Streets; Feasibility Studies for
Proposed Improvements; Neighborhood Traffic Control Studies; Site Impact
Studies; Transportation Planning and Citywide Circulation Studies.
PREPARED BY:
David G. Liu
Anne Garvey
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C!1 V1 H O
H C O Q
21660 EAST COPLEY DRIVE • SUITE 100
DIAMOND BAR, CA 91765-1177
909-860-2489 • FAX 909-861-3117
September 15, 1994
SUBJECT: Professional Traffic and Transportation Engineering
Services
To Interested Traffic and Transportation Engineering Firms:
As you know, the City of Diamond Bar is inviting qualified firms to
submit proposals for professional traffic and transportation
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, warrant studies,
analysis, operations, and traffic design, i.e. geometric design,
traffic signal design, signing, striping plan, and review of
traffic impact studies for development projects. 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
Page Two
Traffic and Transportation 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
21660 EAST COPLEY DRIVE • SUITE 100
DIAMOND BAR, CA 91765-4177
909-860-2489 • FAX 909-861-3117
September 15, 1994
SUBJECT: Professional Traffic and Transportation Engineering
Services
To interested Traffic and Transportation Engineering Firms:
As you know, the City of Diamond Bar is inviting qualified firms to
submit proposals for professional traffic and transportation
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, warrant studies,
analysis, operations, and traffic design, i.e. geometric design,
traffic signal design, signing, striping plan, and review of
traffic impact studies for development projects. 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 DRS Associates (hereinafter
referred to as "CONSULTANT").
A. Recitals.
(i) CONSULTANT is qualified to provide professional
services with respect to Traffic and Transportation 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
traffic and transportation engineering services to CITY, CITY's
City Council, and staff on an as -needed basis for a period of two
years commencing November 2, 1994 and ending November 2, 1996.
(iv) CONSULTANT represents that it is qualified to
perform such services and is willing to perform such professional
services as hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and
CONSULTANT as follows:
B. Agreement.
1. Definitions: The following definitions shall apply
to the following terms, except where the context of this Agreement
1
otherwise requires:
(a) Activities: The preparation of the traffic and
transportation investigations, reports, review, or design of
traffic and/or transportation 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 Project: The date of completion
of all phases of the Activities, including any and all procedures,
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 agrees as follows:
(a) CONSULTANT shall forthwith undertake and
complete the project in accordance with Exhibit "A" hereto and all
in accordance with Federal, State and CITY statues, regulations,
ordinances and guidelines, and professional standards, all to the
reasonable satisfaction of CITY and in accordance with the standard
of care normally provided by practioners of the engineering
profession.
2
(b) CONSULTANT shall supply copies of all maps,
surveys, reports, plans and documents (hereinafter collectively
referred to as "documents") including all supplemental technical
documents, as described in 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 -Is 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
each fiscal year. If no updated hourly rate schedule is submitted
3
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 agrees to provide to CONSULTANT:
(a) Information and assistance as set forth in
Exhibit "A" hereto.
(b) Photographically reproducible copies of maps
and other information, if available, which CONSULTANT considers
necessary in order to complete the 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
may, however, make and retain such copies of said documents and
5
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, models, photographs and reports,
whether in draft or final form, prepared by CONSULTANT as of the
date of termination. CONSULTANT may not terminate this Agreement
except for cause.
7. Notices and Designated Representatives: Any and all
notices, demands, invoices and written communications between the
parties hereto shall be addressed as set forth in this paragraph 7.
The below named individuals, furthermore, shall be those persons
primarily responsible for the performance by the parties under this
Agreement:
Terrence L. Belanger, City Manager
City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
Robert J. Close, P.E.
DKS Associates
2700 North Main Street, Suite 900
Santa Ana, CA 92701
Any such notices, demands, invoices and written communications, by
mail, shall be deemed to have been received by the addressee
forty-eight (48) hours after deposit thereof in the United States
mail, postage prepaid and properly addressed as set forth above.
8. Insurance: CONSULTANT shall neither commence work
under this Agreement until it has obtained all insurance required
hereunder in a company or companies acceptable to CITY nor shall
CONSULTANT allow any subcontractor to commence work on a
subcontract until all insurance required of the subcontractor has
been obtained. CONSULTANT shall take out and maintain at all time
during the term of this Agreement the following policies of
insurance:
(a) Workers' Compensation Insurance: Before
beginning work, CONSULTANT shall furnish to CITY a certificate of
insurance as proof that it has taken out full workers' compensation
insurance for all persons whom it may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California.
In accordance with the provisions of California
Labor Code Section 3700, every employer shall secure the payment of
compensation to his employees. CONSULTANT prior to commencing
work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of
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 Liability and Property Damage: Throughout
the term of this Agreement, at CONSULTANT's sole cost and expense,
CONSULTANT shall keep, or cause to be kept, in full force and
effect, for the mutual benefit of CITY and CONSULTANT,
comprehensive, broad form, general public liability and automobile
insurance against claims and liabilities for personal injury,
death, or property damage arising from CONSULTANT's activities,
providing protection of at least One Million Dollars
($1,000,000.00) for property damage, bodily injury or death to any
one person or for any one accident or occurrence and 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
8.(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,
r�
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. Attorney's Fees: In the event any legal proceeding
is instituted to enforce any term or provision of the Agreement,
the prevailing party in said legal proceeding shall be entitled to
recover attorneys' fees and costs from the opposing party in an
amount determined by the court to be reasonable.
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) per
day for each day CONSULTANT is in default, which sum represents a
reasonable endeavor by the parties hereto to estimate a fair
compensation for the foreseeable losses that might result from such
a default in performance by CONSULTANT, and due to the difficulty
10
which would otherwise occur in establishing actual damages
resulting from such default, unless said default is caused by CITY
or by acts of God, acts of the public enemy, fire, floods,
epidemics, or quarantine restrictions.
15. Mediation: Any dispute or controversy arising under
this Agreement, or in connection with any of the terms and
conditions hereof, shall be referred by the parties hereto for
mediation. A third party, neutral mediation service shall be
selected, as agreed upon by the parties and the costs and expenses
thereof shall be borne equally by the parties hereto. In the event
the parties are unable to mutually agree upon the mediator to be
selected hereunder, the City Council shall select such a neutral,
third party mediation service and the City Council's decision shall
be final. The parties agree to utilize their good faith efforts to
resolve any such dispute or controversy so submitted to mediation.
It is specifically understood and agreed by the parties hereto that
referral of any such dispute or controversy, and mutual good faith
efforts to resolve the same thereby, shall be conditions precedent
to the institution of any action or proceeding, whether at law or
in equity with respect to any such dispute or controversy.
16. Entire Agreement: This Agreement supersedes any and
all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement, or
11
promise not contained in this Agreement shall be valid and binding.
Any modification of this Agreement shall be effective only if it is
in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first set forth above:
CONSULTANT
Name
P(t k"C
Title
APPROVED AS TO FORM: CITY OF DIAMOND BAR
City Attorney Mayor
ATTEST:
City Clerk
12
to the following terms, except where the context of this Agreement
otherwise requires:
(a) Activities: The preparation of the traffic and
transportation investigations, reports, review, or design of
traffic and/or transportation 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 Proiect: The date of completion
of all phases of the Activities, including any and all procedures,
development plans, maps, surveys, plan documents, technical
reports, meetings, oral presentations and attendance by CONSULTANT
at public hearings will be mutually agreed upon by CITY and
CONSULTANT.
2. CONSULTANT agrees as follows:
(a) CONSULTANT shall forthwith undertake and
complete the project in accordance with Exhibit "A" hereto and all
in accordance with Federal, State and CITY statues, regulations,
ordinances and guidelines, and professional standards, all to the
reasonable satisfaction of CITY and in accordance with the standard
of care normally provided by practioners of the engineering
2
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 Warren C. Siecke
Transportation and Traffic Engineering (hereinafter referred to as
"CONSULTANT").
A. Recitals.
(i) CONSULTANT is qualified to provide professional
services with respect to Traffic and Transportation En ineerin
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
traffic and transportation engineering services to CITY, CITY's
City Council, and staff on an as-needed basis for a period of two
years commencing November 2, 1994 and ending November 2, 1996.
(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
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 'km L__
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
each fiscal year. If no updated hourly rate schedule is submitted
by CONSULTANT, CITY will utilize previously submitted hourly rate
schedule.
3. CITY agrees 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, in no event, shall CITY
be required to pay to CONSULTANT any sum in excess of 95% of the
maximum payable hereunder prior to receipt by CITY of all final
documents, together with all supplemental documents, as described
herein acceptable in form and content to CITY. Final payment shall
be made not later than thirty (30) 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
CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be
paid on a time -and -material reimbursement basis in accordance with
4
the fee schedule set forth in said Exhibit "A". Charges for
additional services shall be invoiced monthly and shall be paid by
CITY within thirty (30) days after said invoices are received by
CITY.
4. CITY aarees to provide to CONSULTANT:
(a) Information and assistance as set forth in
Exhibit "A" hereto.
(b) Photographically reproducible copies of maps
and other information, if available, which CONSULTANT considers
necessary in order to complete the 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
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
5
by CONSULTANT, CITY will utilize previously submitted hourly rate
schedule.
3. CITY agrees 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, in no event, shall CITY
be required to pay to CONSULTANT any sum in excess of 90% of the
maximum payable hereunder prior to receipt by CITY of all final
documents, together with all supplemental 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
CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be
4
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 agrees to provide to CONSULTANT:
(a) Information and assistance as set forth in
Exhibit "A" hereto.
(b) Photographically reproducible copies of maps
and other information, if available, which CONSULTANT considers
necessary in order to complete the 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
may, however, make and retain such copies of said documents and
5
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, models, photographs and reports,
whether in draft or final form, prepared by CONSULTANT as of the
date of termination. CONSULTANT may not terminate this Agreement
except for cause.
7. Notices and Designated Representatives: Any and all
notices, demands, invoices and written communications between the
parties hereto shall be addressed as set forth in this paragraph 7.
The below named individuals, furthermore, shall be those persons
primarily responsible for the performance by the parties under this
Agreement:
Terrence L. Belanger, City Manager
City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
Ci
Jay L. Nelson, P.E.
Linscott, Law, and Greenspan, Engineers
1580 Corporate Drive, Suite 222
Costa Mesa, CA 92626
Any such notices, demands, invoices and written communications, by
mail, shall be deemed to have been received by the addressee
forty-eight (48) hours after deposit thereof in the United States
mail, postage prepaid and properly addressed as set forth above.
8. Insurance: CONSULTANT shall neither commence work
under this Agreement until it has obtained all insurance required
hereunder in a company or companies acceptable to CITY nor shall
CONSULTANT allow any subcontractor to commence work on a
subcontract until all insurance required of the subcontractor has
been obtained. CONSULTANT shall take out and maintain at all time
during the term of this Agreement the following policies of
insurance:
(a) Workers' Compensation Insurance: Before
beginning work, CONSULTANT shall furnish to CITY a certificate of
insurance as proof that it has taken out full workers' compensation
insurance for all persons whom it may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California.
In accordance with the provisions of California
Labor Code Section 3700, every employer shall secure the payment of
compensation to his employees. CONSULTANT prior to commencing
work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of
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 Liability and Property Damage: Throughout
the term of this Agreement, at CONSULTANT's sole cost and expense,
CONSULTANT shall keep, or cause to be kept, in full force and
effect, for the mutual benefit of CITY and CONSULTANT,
comprehensive, broad form, general public liability and automobile
insurance against claims and liabilities for personal injury,
death, or property damage arising from CONSULTANT's activities,
providing protection of at least One Million Dollars
($1,000,000.00) for property damage, bodily injury or death to any
one person or for any one accident or occurrence and 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
8.(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,
9
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. Attorney's Fees: In the event any legal proceeding
is instituted to enforce any term or provision of the Agreement,
the prevailing party in said legal proceeding shall be entitled to
recover attorneys' fees and costs from the opposing party in an
amount determined by the court to be reasonable.
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) per
day for each day CONSULTANT is in default, which sum represents a
reasonable endeavor by the parties hereto to estimate a fair
compensation for the foreseeable losses that might result from such
a default in performance by CONSULTANT, and due to the difficulty
10
which would otherwise occur in establishing actual damages
resulting from such default, unless said default is caused by CITY
or by acts of God, acts of the public enemy, fire, floods,
epidemics, or quarantine restrictions.
15. Mediation: Any dispute or controversy arising under
this Agreement, or in connection with any of the terms and
conditions hereof, shall be referred by the parties hereto for
mediation. A third party, neutral mediation service shall be
selected, as agreed upon by the parties and the costs and expenses
thereof shall be borne equally by the parties hereto. In the event
the parties are unable to mutually agree upon the mediator to be
selected hereunder, the City Council shall select such a neutral,
third party mediation service and the City Council's decision shall
be final. The parties agree to utilize their good faith efforts to
resolve any such dispute or controversy so submitted to mediation.
It is specifically understood and agreed by the parties hereto that
referral of any such dispute or controversy, and mutual good faith
efforts to resolve the same thereby, shall be conditions precedent
to the institution of any action or proceeding, whether at law or
in equity with respect to any such dispute or controversy.
16. Entire Agreement: This Agreement supersedes any and
all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement, or
11
promise not contained in this Agreement shall be valid and binding.
Any modification of this Agreement shall be effective only if it is
in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first set forth above:
CONSULTANT
6L -�;<
Namb
Transportation Engineer
Title
APPROVED AS TO FORM: CITY OF DIAMOND BAR
City Clerk
Mayor
12
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 Austin -Foust Associates.
Inc. (hereinafter referred to as "CONSULTANT").
A. Recitals.
(i) CONSULTANT is qualified to provide to provide
professional services with respect to Traffic and Transportation
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
traffic and transportation engineering services to CITY, CITY's
City Council, and staff on an as -needed basis for a period of two
years commencing November 2, 1994 and ending November 2, 1996.
(iv) CONSULTANT represents that it is qualified to
perform such services and is willing to perform such professional
services as hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and
CONSULTANT as follows:
B. Agreement.
1. Definitions: The following definitions shall apply
to the following terms, except where the context of this Agreement
1
otherwise requires:
(a) Activities: The preparation of the traffic and
transportation investigations, reports, review, or design of
traffic and/or transportation 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 Project: The date of completion
of all phases of the Activities, including any and all procedures,
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 agrees as follows:
(a) CONSULTANT shall forthwith undertake and
complete the project in accordance with Exhibit "A" hereto and all
in accordance with Federal, State and CITY statues, regulations,
ordinances and guidelines, and professional standards, all to the
reasonable satisfaction of CITY and in accordance with the standard
of care normally provided by practioners of the engineering
profession.
2
(b) CONSULTANT shall supply copies of all maps,
surveys, reports, plans and documents (hereinafter collectively
referred to as "documents") including all supplemental technical
documents, as described in 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
each fiscal year. If no updated hourly rate schedule is submitted
3
by CONSULTANT, CITY will utilize previously submitted hourly rate
schedule.
3. CITY agrees 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, in no event, shall CITY
be required to pay to CONSULTANT any sum in excess of 90% of the
maximum payable hereunder prior to receipt by CITY of all final
documents, together with all supplemental 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
CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be
4
Any such notices, demands, invoices and written communications, by
mail, shall be deemed to have been received by the addressee
forty-eight (48) hours after deposit thereof in the United States
mail, postage prepaid and properly addressed as set forth above.
8. Insurance: CONSULTANT shall neither commence work
under this Agreement until it has obtained all insurance required
hereunder in a company or companies acceptable to CITY nor shall
CONSULTANT allow any subcontractor to commence work on a
subcontract until all insurance required of the subcontractor has
been obtained. CONSULTANT shall take out and maintain at all time
during the term of this Agreement the following policies of
insurance:
(a) Workers' Compensation Insurance: Before
beginning work, CONSULTANT shall furnish to CITY a certificate of
insurance as proof that it has taken out full workers' compensation
insurance for all persons whom it may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California.
In accordance with the provisions of California
Labor Code Section 3700, every employer shall secure the payment of
compensation to his employees. CONSULTANT prior to commencing
work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of
Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self insurance
in accordance with the provisions of that Code, and I will comply
7
with such provisions before commencing the performance of the work
of this Agreement".
(b) _Public Liability and Property Damage: Throughout
the term of this Agreement, at CONSULTANT's sole cost and expense,
CONSULTANT shall keep, or cause to be kept, in full force and
effect, for the mutual benefit of CITY and CONSULTANT,
comprehensive, broad form, general public liability and automobile
insurance against claims and liabilities for personal injury,
death, or property damage arising from CONSULTANT's activities,
providing protection of at least Five Hundred Thousand Dollars
($500,000.00) for property damage, bodily injury or death to any
one person or for any one accident or occurrence and at least Five
Hundred Thousand Dollars ($500,000.00) 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 Five Hundred
Thousand Dollars ($500,000.00) 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
required by express provision of this Agreement shall be carried
only in responsible insurance companies licensed to do business in
the State of California and policies required under paragraphs
8.(a) and (b) shall name as additional insured CITY, its elected
8
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 negligent, intentional and/or willful
acts and/or omissions of CONSULTANT pursuant to this Agreement,
including, but not limited to, all consequential damages, to the
maximum extent permitted by law.
10. Assignment: No assignment of this Agreement or of
any part or obligation of performance hereunder shall be made,
either in whole or in part, by CONSULTANT without the prior written
consent of CITY.
11. Independent Contractor:
that CONSULTANT and its employers,
The parties hereto agree
officers and agents are
9
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. Attorneyfs Fees: In the event any legal proceeding
is instituted to enforce any term or provision of the Agreement,
the prevailing party in said legal proceeding shall be entitled to
recover attorneys, fees and costs from the opposing party in an
amount determined by the court to be reasonable.
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 ($100.021 per
day for each day CONSULTANT is in default, which sum represents a
reasonable endeavor by the parties hereto to estimate a fair
compensation for the foreseeable losses that might result from such
a default in performance by CONSULTANT, and due to the difficulty
which would otherwise occur in establishing actual damages
resulting from such default, unless said default is caused by CITY
or by acts of God, acts of the public enemy, fire, floods,
epidemics, or quarantine restrictions.
15. Mediation: Any dispute or controversy arising under
10
this Agreement, or in connection with any of the terms and
conditions hereof, shall be referred by the parties hereto for
mediation. A third party, neutral mediation service shall be
selected, as agreed upon by the parties and the costs and expenses
thereof shall be borne equally by the parties hereto. In the event
the parties are unable to mutually agree upon the mediator to be
selected hereunder, the City Council shall select such a neutral,
third party mediation service and the City Council's decision shall
be final. The parties agree to utilize their good faith efforts to
resolve any such dispute or controversy so submitted to mediation.
It is specifically understood and agreed by the parties hereto that
referral of any such dispute or controversy, and mutual good faith
efforts to resolve the same thereby, shall be conditions precedent
to the institution of any action or proceeding, whether at law or
in equity with respect to any such dispute or controversy.
16. Entire Agreement: This Agreement supersedes any and
all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement, or
promise not contained in this Agreement shall be valid and binding.
Any modification of this Agreement shall be effective only if it is
in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first set forth above:
11
CONSULTANT
Name
/7 C/IIf/C
Title
APPROVED AS TO FORM: CITY OF DIAMOND BAR
City Attorney
ATTEST:
City Clerk
Mayor
F qq
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 Linscott, Law, and
Greenspan Engineers (hereinafter referred to as "CONSULTANT").
A. Recitals.
(i) CONSULTANT is qualified to provide professional
services with respect to Traffic and Transportation 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
traffic and transportation engineering services to CITY, CITY's
City Council, and staff on an as -needed basis for a period of two
years commencing November 2, 1994 and ending November 2, 1996.
(iv) CONSULTANT represents that it is qualified to
perform such services and is willing to perform such professional
services as hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and
CONSULTANT as follows:
B. Agreement.
1. Definitions: The following definitions shall apply
to the following terms, except where the context of this Agreement
1
otherwise requires:
(a) Activities: The preparation of the traffic and
transportation investigations, reports, review, or design of
traffic and/or transportation 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 Project: The date of completion
of all phases of the Activities, including any and all procedures,
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 agrees as follows:
(a) CONSULTANT shall forthwith undertake and
complete the project in accordance with Exhibit "A" hereto and all
in accordance with Federal, State and CITY statues, regulations,
ordinances and guidelines, and professional standards, all to the
reasonable satisfaction of CITY and in accordance with the standard
of care normally provided by practioners of the engineering
profession.
FA
(b) CONSULTANT shall supply copies of all maps,
surveys, reports, plans and documents (hereinafter collectively
referred to as "documents") including all supplemental technical
documents, as described in 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
each fiscal year. If no updated hourly rate schedule is submitted
K
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 agrees to provide to CONSULTANT:
(a) Information and assistance as set forth in
Exhibit "A" hereto.
(b) Photographically reproducible copies of maps
and other information, if available, which CONSULTANT considers
necessary in order to complete the 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
may, however, make and retain such copies of said documents and
5
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, models, photographs and reports,
whether in draft or final form, prepared by CONSULTANT as of the
date of termination. CONSULTANT may not terminate this Agreement
except for cause.
7. Notices and Designated Representatives: Any and all
notices, demands, invoices and written communications between the
parties hereto shall be addressed as set forth in this paragraph 7.
The below named individuals, furthermore, shall be those persons
primarily responsible for the performance by the parties under this
Agreement:
Terrence L. Belanger, City Manager
City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
6
Joe E. Foust, P.E.
Austin -Foust Associates, Inc.
2020 North Tustin Avenue
Santa Ana, CA 92701
Any such notices, demands, invoices and written communications, by
mail, shall be deemed to have been received by the addressee
forty-eight (48) hours after deposit thereof in the United States
mail, postage prepaid and properly addressed as set forth above.
8. Insurance: CONSULTANT shall neither commence work
under this Agreement until it has obtained all insurance required
hereunder in a company or companies acceptable to CITY nor shall
CONSULTANT allow any subcontractor to commence work on a
subcontract until all insurance required of the subcontractor has
been obtained. CONSULTANT shall take out and maintain at all time
during the term of this Agreement the following policies of
insurance:
(a) Workers' Compensation Insurance: Before
beginning work, CONSULTANT shall furnish to CITY a certificate of
insurance as proof that it has taken out full workers' compensation
insurance for all persons whom it may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California.
In accordance with the provisions of California
Labor Code Section 3700, every employer shall secure the payment of
compensation to his employees. CONSULTANT prior to commencing
work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of
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 Liability and Property Damage: Throughout
the term of this Agreement, at CONSULTANT's sole cost and expense,
CONSULTANT shall keep, or cause to be kept, in full force and
effect, for the mutual benefit of CITY and CONSULTANT,
comprehensive, broad form, general public liability and automobile
insurance against claims and liabilities for personal injury,
death, or property damage arising from CONSULTANT's activities,
providing protection of at least One Million Dollars
($1,000,000.00) for property damage, bodily injury or death to any
one person or for any one accident or occurrence and 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
8.(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
oat'l tmf`�"r
--((
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,
V]
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. Attorney's Fees: In the event any legal proceeding
is instituted to enforce any term or provision of the Agreement,
the prevailing party in said legal proceeding shall be entitled to
recover attorneys' fees and costs from the opposing party in an
amount determined by the court to be reasonable.
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) per
day for each day CONSULTANT is in default, which sum represents a
reasonable endeavor by the parties hereto to estimate a fair
compensation for the foreseeable losses that might result from such
a default in performance by CONSULTANT, and due to the difficulty
10
promise not contained in this Agreement shall be valid and binding.
Any modification of this Agreement shall be effective only if it is
in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first set forth above:
CONSULTANT
Name
Title
APPROVED AS TO FORM: CITY OF DIAMOND BAR
City Attorney
ATTEST:
City Clerk
Mayor
12
CITY OF DIAMOND BAR AGENDANO.
AGENDA REPORT
Honorable Mayor and Members of the City Council REPORT DATE: October 28,1994
TO:vember 1994
MEETING DATE:
renceN�Belanger , City Manager
FROM air Service
ward of Contract for On -Call Computer Maintenance and Rep
TITLE: A for on-call computer
a Request for Qualifications ( FQs of qualifications from
SUMMARY: The City has heretofore prepared ublic notice inviting technology.
In response
maintenance and repair services and has issued public
computer system4 {firms are:
erience in p 4 firms. The four ( )
qualified consultants with extensive exp received proposals from four () �
Request for Qualifications, the City and, ABC Business Equipment.
to this Req a Computermart; B. Chamberlain Consulting; er to
S1 Computers; MicroAg
City Manager Council authorize thutermart for on-call
It is recommended that the City and MicroAge Comp
RECOMMENDATION: per contract
execute separate contracts with B. Chamberlain Consulting
and repair services in an amount not -to -exceed $2,500.00 p
computer maintenancepublic Hearing Notification
�C Staff Report gid Specification
LIST OF ATTACHMENTS: _ Resolution(s) public Notice
Ordinances(s) Evaluation Matrix
— Agreement(s)
SUBMITTAL CHECKLIST: Yes _ No
1.
Has the resolution, ordinance or agreement been reviewed —
by the City Attorney?MAJORITY _ Yes _ No
ort require a majority or 415 vote? N/A
2 Does the rep _ Yes No
3. Has environmental impact been assessed?
Commission?
4. Has the report been reviewed by _Yes No
Which Commission? the report?
5. Are other departments affected by affected departments:
Report discussed with the following
REVIEWED BY:
tger
Troy . utzia
Frank M. Usher the C
Assistant City Manager
r ,_� e5zax7iZSI1 a list
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE November 1, 1994
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Award of Contract for On -Call Computer Maintenance and Repair
Services
ISSUE STATEMENT:
The City has heretofore prepared a Request for Qualifications (RFQ) for on-
call computer maintenance and repair services and has issued public notice
inviting statements of qualifications from qualified consultants with
extensive experience in personal computer system technology. In response to
this Request for Qualifications, the City received proposals from four (4)
firms. The four (4) firms are: S1 Computers; MicroAge Computermart; B.
Chamberlain Consulting; and, ABC Business Equipment.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute
separate contracts with B. Chamberlain Consulting and MicroAge Computermart
for on-call computer maintenance and repair services in an amount not -to -
exceed $2,500.00 per contract.
FINANCIAL SUMMARY:
The City Council has previously budgeted $8,000 in Fiscal Year 1994-95 for
maintenance of the City's computer systems. Each specific assignment under
this on-call contract will be compensated on a time -and -materials basis and
will not exceed $2,500.00 per annum. Materials and/or replacement parts are
not include in this amount and will be acquired through a separate purchase
order as required.
BACKGROUND:
The City of Diamond Bar has three (3) primary file servers and approximately
twenty-seven (27) personal computers connected to a Local Area Network (LAN)
operating the Lantastic version 6.0 network operating software. The City's
computer system inventory includes a combination of 80386 and 80486
platforms. Primary software applications include but are not limited to:
MS-DOS version 6.2; Windows version 3.1; WordPerfect for Windows version
6.0a; WordPerfect for DOS version 6.0; Lotus 1-2-3 for Windows version 4.0;
PageMaker version 5.0; and a variety of other software applications.
In the past the City has issued purchase orders for computer maintenance and
repair services. These purchase orders have been issued on an as -needed
basis to one or two firms specializing in personal computer technology and
small local area networks.
The City's information systems has evolved considerably over the past two
years with the addition of several file servers and approximately 10 new
workstations. As a result, the City's information systems have become more
complex and require a higher level of maintenance than in previous years.
The purpose of this Request for Qualifications (RFQ) was to establish a list
of qualified consultants with experience in personal computers, including
oyoL,-,,n u,Ad desiyn, MS-DOS, Windows, commonly used peripherals
(e.g., modems, scanners, tape backups, etc.), and the fundamentals of
networking that could be called upon to provide computer maintenance and
repair services on a time-and-materials basis.
The scope of services to be performed by the selected consultant (s) will
include, but is not limited to the following tasks: provide maintenance and
support service for the City's information systems; perform hardware/software
installation as directed; respond to service requests and perform complex
diagnostic procedures to detect hardware problems; provide solutions to
computer problems and replace defective parts as directed.
DISCUSSION:
City staff has prepared a Request for Qualifications (RFQ) for computer
maintenance and repair service. This RFQ was distributed to eight (8) local
computer firms specializing in computer maintenance and repair. In addition,
a notice of the RFQ's availability was published in both the San Gabriel
Valley Tribune and the Daily Bulletin.
The City received four (4) proposals in response to its Request for
Qualifications. City staff has carefully reviewed these proposals and has
prepared a matrix which assesses a number of factors including the
consultant's hourly rate by service category, technical background and
experience, information obtained from references, and response time.
Based on staff's analysis of these factors, it is recommended that the City
engage the services of B. Chamberlain Consulting and MicroAge Computermart on
a time-and-materials basis for a period of one year commencing November 1,
1994 to November 1, 1995.
Both of these firms are based in Diamond Bar and the City has had a previous
working relationship with them. Bob Chamberlain of B. Chamberlain
Consulting has extensive experience in PC-based systems, local area networks,
and optical imagery. He has been providing on-going computer maintenance and
support services to the City since 1993.
MicroAge Computermart is an authorized dealer and service center of Apple,
AST, Compaq, Hewlett-Packard, and IBM computer systems. The City has
previously purchased both hardware and software products from them.
Under the proposed contract, each consultant will be assigned a specific area
of responsibility based on their expertise. If the primary consultant is not
available within two (2) hours after notification or is unable to resolve the
problem, the City may contact the other firm. In addition, general computer
repair projects under $250.00 will be given on a rotational basis.
PREPARED BY:
V
Troy L.tzlaff
Assista to the Ci M ger
Attachment: Request for Qualifications
Evaluation Matrix
NOTICE INVITING STATEMENTS OF QUALIFICATIONS
FOR COMPUTER MAINTENANCE AND REPAIR SERVICE
City of Diamond Bar
State of California
The City of Diamond Bar is seeking proposals from qualified consultants with extensive
experience in personal computer system technology to provide computer maintenance
and repair service on a time and materials basis. The selected consultant should be
familiar with personal computers, including system architecture and design, MS-DOS,
Windows, commonly used peripherals (e.g., modems, scanners, tape backups, etc.)
and the fundamentals of networking.
The scope of services to be performed by the consultant will include, but is not limited
to:. provide maintenance and support service for the City's information systems;
perform hardware/software installation as directed; respond to service requests and
perform complex diagnostic procedures to detect hardware problems; provide solutions
to computer problems and replace defective parts as directed.
Interested individuals can obtain a copy of this Request for Qualifications at City Hall
21660 East Copley Drive, Suite 100, Diamond Bar, CA 91765. In order to be
considered for this project, please submit a statement of qualifications, including
relevant work experience and professional capabilities to perform the requested
services by 5:00 p.m., (PST), October 21, 1994 (No postmarks will be accepted). No
proposal will be considered unless it is made on a proposal form provided by the City.
The City reserves the right to reject any proposal and may elect to make a decision
without further discussion or negotiation. This solicitation for qualifications 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 this proposal and may withdraw or modify this request at
any time.
DATED: October 11, 1994
/s/ Troy L. Butzlaff, Assistant to the City Manager
City of Diamond Bar
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To serve this community as a Planning Commissioner is an honor I will always
remember with fondness. I will always appreciate your confidence in my abilities. Thank
you for your encouragement of independent thoughts and actions. As your appointment
to the Planning Commission, I hope to have met your expectations in job performance.
Though at this time I desire to return to private life, I hope to serve again in the future.
I should like to take this time to commend staff for their professional and
generous help to me in my duties as a Commissioner, first on Parks and Recreation, and
currently the Planning Commission. I have no doubts that the betterment of this
community is their utmost desire. I encourage you to treat them fairly, so they may excel
in their work. Encourage them to advise you freely ,without censorship or fear of
retribution. I implore you: protect their dignity that they may serve the good people of
Diamond Bar as our citizens deserve.
I should also like to pay my respects to my fellow commissioners, past and
present. It was an honest pleasure to learn from and to work with each of them. I want
each Commissioner to feel comfortable contacting me any time they wish my input.
At this time, I request that you accept my resignation. In respect for the continued
smooth operations of the Commission, my resignation will become effective concurrent
with the confirmation of my successor.
Respectfully,
I.y ' E. Plunk
1522 South Deerfoot Drive
Diamond Bar, CA 91765
October 28, 1994
Phyllis Papen
c::7 ;
Councilwoman
_a < m
City of Diamond Bar
v
California
cc) o
3 rn 3
Dear Ms. Papen;
z
To serve this community as a Planning Commissioner is an honor I will always
remember with fondness. I will always appreciate your confidence in my abilities. Thank
you for your encouragement of independent thoughts and actions. As your appointment
to the Planning Commission, I hope to have met your expectations in job performance.
Though at this time I desire to return to private life, I hope to serve again in the future.
I should like to take this time to commend staff for their professional and
generous help to me in my duties as a Commissioner, first on Parks and Recreation, and
currently the Planning Commission. I have no doubts that the betterment of this
community is their utmost desire. I encourage you to treat them fairly, so they may excel
in their work. Encourage them to advise you freely ,without censorship or fear of
retribution. I implore you: protect their dignity that they may serve the good people of
Diamond Bar as our citizens deserve.
I should also like to pay my respects to my fellow commissioners, past and
present. It was an honest pleasure to learn from and to work with each of them. I want
each Commissioner to feel comfortable contacting me any time they wish my input.
At this time, I request that you accept my resignation. In respect for the continued
smooth operations of the Commission, my resignation will become effective concurrent
with the confirmation of my successor.
Respectfully,
I.y ' E. Plunk
AGENDA ITEM NO. 9.6
NO DOCUMENTATION AVAILABLE
i
F 1660 EAST COPLEY DRIVE • SUITE 100
DIAMOND BAR, CA 91765-4177
909-860-2489 • FAX 909-861-3117
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY given that the Diamond Bar City Council Finance
Sub -Committee will hold a special meeting on Thursday, October 27, 1994, at
3:00 p.m., at Diamond Bar City Hall, 21660 E. Copley Drive, Suite 100, Diamond
Bar, California, for the purpose of discussion of the Warrant Register dated
November 1, 1994
FOR FURTHER INFORMATION, please contact the office of the City Manager
at (909) 396-5666.
DATED: October 26, 1994
CITY OF DIAMOND BAR
Lyn a Burgess, City Clerk
Gary H. Wemer Clair W. Harmony Eileen R. Ansari Gary G. Miller Phyllis E. Papen
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember