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11/15/1994
Cit COU�Rcl./ AGENDA Tuesday, November 15, 1994 6:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Gary H. Werner Mayor Pro Tem Clair W. Harmony Council Member Eileen R. Ansari Council Member Phyllis E. Papen Council Member Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. 111VIONI) BAR, Please refrain from smoking, eating or drinking �! The City of Diamond Bar uses rec�ed paper in the Council Chambers.`, 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 Counr:il appy iates your cooperation. JAI! GaY. Werner, Mayor Clair W. Harmony Phyllis E. Papen Mayor Pro Tem Council o Eileen R. Ansari G. Mill Councilwoman Councilman gg ygg�gp� �gggpqp qq _p�p�gqp�gggqp�ggp�9�p�Ape p�ppp ����p���p�pp Y1pp�Zp`���lpfp9�F ��pp��������pp��pp����yypp{{pp ppppppppp p�{{pp���ppp p OW i�l tlAA bl'1 edAYdA INtl �e3T�v� - . "" M,lRAa 9 A "Bi ooY fiEllAtl5 GtilYtllti .e9� `AAA° AtlGAAl7'ltlA7]t� R31f1oT3AddtltltlEYl AALIAAln ACA AA71tlYAAa, MMA3t��61VtlA1 R i.T NAI��i �.u..u.uum.LYv. 76AA Al..d. i.. i..... .o.. .. Next Resolution No. 94-52 Next Ordinance No. 03(1994) 1. CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Council Members Ansari, Miller, Papen, Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 Presentation of City Tile to Lydia Plunk, Outgoing Planning Commissioner. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 4. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - November 17, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.2 CITY COUNCIL MEETING - General Plan - November 22, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 THANKSGIVING HOLIDAY - November 24-25, 1994 -In observance, City Hall will be closed. Will Reopen Monday, November 28, 1994. 5.4 PLANNING COMMISSION - November 28, 1994 - 7:00 p.m. AQMD Auditorium, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - December 6, 1994 - 6:00 p.m. AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 VOUCHER REGISTER - Approve Voucher Register dated November 15, 1994 in the amount of $247,009.72. NOVEMBER 15, 1994 PAGE 2 Requested by: City Manager 6.2 MEMBERSHIP OF THE CITY OF MALIBU IN THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (SCJPIA) - The Southern California Joint Powers Insurance Authority Executive Committee, at their meeting of October 26, 1994, recommended approval of the City of MALIBU as a member of the Authority. Cities applying for membership must be approved by a two-thirds majority of the current membership. Recommended Action: Approve membership of the City of MALIBU in the SCJPIA and authorize Councilman Miller to execute the consent form as the City's delegate to the Authority. Requested by: City Manager 6.3 GRADING BOND RELEASES: 6.3.1 GRADING CASH BOND POSTED FOR 2740 SHADOW CANYON DRIVE IN THE "COUNTRY" - The Principal desires to release a cash bond posted for grading in the amount of $12,000. Recommended Action: It is recommended that the City Council declare the obligations under this bond null and void and release the cash bond posted in the amount of $12,000. Requested by: City Engineer 6.3.2 GRADING SURETY BOND POSTED FOR 21217 WASHINGTON STREET "MOBILE HOME PARK" - The principal desires release of a surety bond in the amount of $15,000. Recommended Action: It is recommended that the City Council release the Surety Bond posted in the amount of $15,000. Requested by: City Engineer 6.4 RESOLUTION NO. 89-4B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89-4A ESTABLISHING THE DAY AND TIME OF CITY COUNCIL MEETINGS - At the meeting of November 1, 1994, the City Council directed that Council Meetings begin at 6:00 p.m. Recommended Action: It is recommended that the City Council adopt Resolution No. 89-4B establishing the day and time of City Council meetings. Requested by: City Clerk NOVEMBER 15, 1994 PAGE 3 6.5 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE 1989 FOR THE PATHFINDER BRIDGE WIDENING AND THE IMMINENT STATE 57 FREEWAY HOV LANE - The City and Caltrans are interested in submitting a joint application for the FY 1995-96 Environmental Enhancement and Mitigation Program Grant to provide for reforestation of the 57 Fwy., from just south of Cold Spring Ln. to the 57/60 interchange, and the 60 Fwy. at Brea Canyon Rd. The grant, if approved would provide funding for planting trees on the east side of Fallowfield, where a recent fire destroyed a number of trees, as well as other areas. Recommended Action: It is recommended that the City Council adopt Resolution No. 94 -XX approving the application for grant funds for the Environmental Enhancement and Mitigation Program. Requested by: Community Services Director 6.6 COMMUNITY NEWSLETTER AND RECREATION GUIDE - Continued from November 1, 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), which would increase the annual number of newsletters to four issues per year. When analyzing the potential impacts of producing an additional newsletter, several considera- tions should be explored; the two primary considerations being potential additional cost and potential additional public benefit. Recommended Action: It is recommended that the City Council approve the production of four newsletter/ recreation guides, on an annual basis, at an additional cost of $15,000. Requested by: City Manager 6.7 RATIFICATION OF CONTRACT AND AUTHORIZATION FOR ADDITIONAL GENERAL PLAN PROFESSIONAL PLANNING SERVICES - The City entered into a Professional Services Agreement with Cotton/ BELAND/Associates in March 1993 and authorized the continued use of CBA for the 1994 General Plan process to provide as needed professional planning services for the General Plan. Ratification is necessary to authorize the expenditure of additional funds. Recommended Action: It is recommended that the City Council ratify the existing agreement and authorize an NOVEMBER 15, 1994 PAGE 4 additional expenditure not to exceed $35,000.00. Requested by: Community Development Director 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 FINANCE COMMITTEE REPORT AND RECOMMENDED MATTERS - Continued from November 1, 1994. (a) ORDINANCE NO. XX(1994) - AN ORDINANCE 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 reviewed 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. Recommended Action: It is recommended that the City Council approve for first reading, by title only, 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). (b) 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 disbursement systems, as well as all revisions and improvements thereto. Recommended Action: It is recommended that the City Council solicit proposals, through a Request for Proposal process, for annual independent financial audit service and quarterly procurement and cash disbursement audits for fiscal years 1994-95, 1995-96 and 1996-97. NOVEMBER 15, 1994 a PAGE 5 Requested by: City Manager 8.2 (a) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 92-2 AND APPROVING VESTING TENTATIVE TRACT MAP NO. 51169, FOR A PROJECT LOCATED IN NORTHERN TONNER CANYON, WITHIN SEA NO. 15, SOUTHERLY AND EASTERLY OF BLAZE TRAIL DRIVE, IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF; (b) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA CERTIFYING OF ENVIRONMENTAL IMPACT REPORT NO. 92-2 AND APPROVING HILLSIDE MANAGEMENT AND SIGNIFICANT ECOLOGICAL AREA CONDITIONAL USE PERMIT NO. 92-3 AND OAK TREE PERMIT NO. 92-3, FOR A PROJECT LOCATED WITHIN SEA NO. 15, SOUTHERLY AND EASTERLY OF BLAZE TRAIL DRIVE IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF; (c) ORDINANCE NO. XX(1994): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE A-2-2 (HEAVY AGRICULTURE) ZONE TO THE R-1-40,000 (SINGLE FAMILY RESIDENCE) ZONE. (ZONE CHANGE NO. 92-2) - On October 18, 1994, the applicant's 13 unit, 20 acre project in concept. The Council directed the preparation of project conditions, Ordinance and Resolutions for subsequent review and final action. Recommended Action: It is recommended that the City Council adopt Resolutions No. 94 -XX and 94 -XX approving Vesting Tentative Tract No. 51169, CUP 92-3, OT 92-3 and approve for first reading, by title only Ordinance No. XX(1994). Requested by: Community Development Director NEW BUSINESS: 9.1 DISCUSSION OF MEMBERSHIP IN THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY - Shall the City enter into the Joint Powers Agreement to become a member of the Wildlife Corridor Conservation Authority. Recommended Action: It is recommended that the City Council become a member of the Wildlife Corridor Conservation Authority; and direct the Mayor to sign the Wildlife Corridor Conservation Authority Joint Powers Agreement. Requested by: Mayor Werner 9.2 AMERICANS WITH DISABILITIES ACT (A.D.A.) RETRO -FIT OF MAPLE HILL PARK - The Americans with Disabilities Act of 1991 requires public parks to be accessible to the NOVEMBER 15, 1994 PAGE 6 physically challenged. Maple Hill Park is the first park targeted for retro -fitting to meet A.D.A. accessibility requirements. Phase I includes an accessible Tot Lot, restrooms and parking lot. Total budget for this project is $181,000. Conceptual plans have been completed and staff seeks Council approval of these plans prior to proceeding with the completion of construction drawings and project specifications. Recommended Action: It is recommended that the City Council approve the conceptual plan for A.D.A. retro -fit of Maple Hill Park and direct staff to have construction drawings and project specifications completed by the contract landscape architect, R.J.M. Design Group, Inc. in an amount not to exceed $10,000. Requested by: Community Services Director 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. (1) Personnel Session Re: Consideration of appointment of City Attorney. (2) Pending Litigation Re: Committee to Recall v. Burgess 12. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK FROM: ADDRESS:wd OFGANIZATIO�� AGENDA #/SUBJECT: phi DATE: r �C PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO FR DM: ADDRESS: O F GAN I ZATI ON : VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK / DATE: PHONE:�� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO FR DM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK (A.) ; l6 r Z a DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. �AJ Signature TO. FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK PCl 'S L- � /C DATE: PHONE-��— 1 e 7- 1 expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: J? PHONE:`iCJ I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature F VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CIT'Y� CLERK R 4zt (fAz—z—A 4(7,0 DATE: 5 PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature r VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY /CLERK FROM: (//t/7,)) A ADDRESS: ORGANIZATION: J 0/\1 IC DATE: PHONE: f Go AGENDA #/SUBJECT: Q� l }`oc �-7F, j 1 FJ�--C r-�I'DAJE r� CD C� o,�� /.,I " U T C)Dpj f)S I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature I N T E R O F F I C E M E M O R A N D U M TO: Mayor Werner and Councilmember Ansari FROM: Linda G. Magnusonf Accounting Manager SUBJECT: Voucher Register, November 15, 1994 DATE: November 8, 1994 Attached is the Voucher Register dated November 15, 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 15, 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 $158,248.77 112 Prop A Fund 11,735.45 115 Int Waste Mgmnt Fund 2,730.00 125 Community Dev. Block Grant Fund 831.66 138 LLAD #38 Fund 4,095.89 139 LLAD 139 Fund 6,448.18 141 LLAD 041 Fund 71.87 250 CIP Fund 62.847.90 TOTAL ALL FUNDS $247,009.72 APPROVED BY: Linda G. M4Mnager son Accounting errence L. Belanger City Manager Eileen R. Ansari Councilmember -,C, K._i` E ___________________________________________________-________________-_____-_____________________________-___________________________ A --i�L1 �E��___ .s_Pc-r._ic `�'.L-�•. _-'{J�. '. '� __.._- _ i_i= ..'.�'_ __ L_ -v 1�.__ ,_ __ _veli :L1-r-�� C1�. ...-�__. __.. _ _..._ ._ ._._. - .. _ _. ._ _ � t-.,_ _ �� ^LLE._ art �--'•t '�.._ ._-.,i_ .-_ -------- ------- =_ _,4_ __ - - Ftr. t -44i. -_I.=_• '� _.a._ ._ _.__ .. ._ __ _ ___ _ __-- 1_ 4,,l';i; =;_.'r ,. «_: _ .. ;`_ 1�-. K =,r. e =;_:-rirscr==�;tr= _`-•-'- ..1 -44+1. -rte �'3 •.._ • r _ a , = al ._ •.- __ _JL-. _~.c i+Mili _ - -•:T �-^:ar- E._a- _� .E -_--_ :II-iE rENiiOh' '-------, r - • _ _ -;La cack;low .. -gLE_ac, .-- -- - i/,,- 1i�1= . - =t_�s-ralu�w-4i. -1 Cif, :C1-4:i�-��ii .- 511:`A :_ �i;0 l Uf' 11 .`Oc. =ac rlawTasts-Hrtg rk 4i .00 a:-ri.Jw , ==_s-MMaxiy2";ii __--4J=V- +J11J _ _i il_IH J%�: 30 111'=l 11%i` i__I:J __l �.=w-Sts�Li 1,tR:# 1��+. :�ti yras:= =tt e_`ima�* Aramark .::1-4,:=--�=�5 � =.:15A �1r--+_;- il;.i5 a.�i= - •--- "_: _-=�--as 1�:.='� .li li,i= ,A%1� -. - -r,-_ _gS-F1i1ShBi'�HC_ �,tU'1.'lU Jut t[VLL•R ________, �. �i1✓•y�l Ertl:.ri^y ;,o, art - r - -%L ------------------------------------------------------------------------------------------------------------------------------------ ¢\: i -a- tea_-*-__ _ _a___. .. i.._ aa, = •all_ __-_-��. -.a- '�V-v-_ __. e.. ,LENI-__---_-- 1 _ -IL .W . JE �'�l•�R ._.,.. -,F,t :i- 'ra-s;,orlat-Jr a-` - - frj:'i-.'1=.,---• ' -1---= .. ��.. .. .: .arl-' 1Jl li`: q J'11 +J: jrda,-lri-�_ ME157 __..=f _ .._.. 11 `.. 1., .= 1=.447 =1y1,"L_y t Ma t'AL:j'_-t J•nl i.LL 'r E��Lu�i --------i =, 4ri� Je� 1n _. ass:c, ',e s,- �C_.-»:.1.-=.5,_ ;i=.»=- •- _._. _ .: --_- ::, �c• l:r;_ I•f-t,•:�-a _.=-..•6f1.,7:a'r�,b^Cor _�,».�,U )c i:: i` 6- ;: i-1 �i,=-JNbi+d/�rdrBr yn :,5iii•..+i �-_-4` _-14.. .i»=_ _...__ .. _- _ ;1_ ubii:-_ �:l-r -3 :,mpr:t-Area: -'T'L DUE 'IENDOR 1I'!'c :1, _ _ = F__11t9r-.t--all*'3g-4•=:EG; a^ _ __ ----- -_ =RF-: 'MOUNT ---- - _- --�_�_ � _,._-__ .. -' .. -` _-_ ❑f' ani-nF=?='v_=- 1..=.__ .a a_. -T = _ -- ==�:jL=- ' -uE 'VENDOR --- Tr_=[..CiMRl,riiy''.{%f -�� -JE VEN51OR--------, _ ------ =dyi-0tionDLE s it'" -'•'c ,_ _ Q4 - 1._ .1 � _ - lla ._ l`. __ - --- - - ]L'y�_L;L.�J�`E'.�(7f� +n_ S5 l�J_,_ -ET AL DUE VENDOR --------> 1`_G.SS Decay -EJE enter c .. ;J,:5 --- I ,iEriLI�JR DO ________ L'' �K 4 r 4 TEND OR jT -------------------------------------------------------------- ---------------------------------------------------------------------- a .4C --,],N __, -'C BATCH F -0 --NE _pdr _ ,t ------------------------------------------------------------------------------------------------------------------------------------ _:ae, ecth ?CL'Se�E'h 0 4 ?n=_gin Re tL'.h} ir-.and irt+p :y:tefr, .m., -4 10- 2200 Fns -.epair:tleaning-7ycLy -CTF� DUE VENDOR --------> -'` :.�. inial+u, valley DIy ,�1.-tn r� :'vbb #0101-2301_)-1010 11 '18 F 1G Hrg-FPL +4-0:4 =_t -frg-FPL 94-01 -..75 01-4Q',)- 2, 115 4 51115- o1,' -L== 11/{i 11;15 =____ �tiiYCti=r-+;dsCOmptrMd:it .7 ;� �E ENLOR-------- J DE'v isL..-+ ilt 1 Business Equlpme. t' ,Btscq_:� kk) 4t}'+1i-. !)�) 5;::5C ,.14F, 1+.,ti; i1%15 __. hov-::ervr. Maint Chrges -161.Vj y N F ---------- T int jn=� 1stitiv k:..--4`= 3-41,vE. _ _--E Tra �E._si�'• ity-it�li= ''t 'i�,... =ns-ar:;gare rens i1�0E' a:/a. =.J. .__ _ :__ Ladcer-Nr`-}-rti ..i' _:. -__.. _ J. iiJV, :V �s1'_ _ ii•a_ __ ;,:E 'Ilia :.-4 - _ — --_- Paris . .. ___ _.__, _: _._-_ _- .. .- - - _. ❑❑ "-'-d art a:,.._ -e - _i M'r -_ - --z--;Tier - -o DL.- {- .� _'1-�__. _ __- _ ._ �_._ _. __ ._ _ ___ ,rryou_,_ ''•cr�ir5-ii=,. "�,._ -- '--- `'--- _ -..'_ :.. _ .., .= i _'�:j--a=- �IjFryy-r-Ia`'=1-'Y :.... .. -:L EFAIII .AM_=LFA' ----, - -t•a i_.. a..,_ �! li Cr JL J{. 1:/'-V : i1 --_-- `EC�2=F�E;i26Y-E,T"�''4-��i �_,.90 -=7�;L i.uE vE.^iDQR--------, v._.- •��_ In �..,_- 11 .= ii/i=� i_= KcC'"£ano wild TOTAL SUE )ENDOR--------? ; _,(i) RUrq -1ME: 1:.:4 i:; i ;4 1 L 'L u 5 - E ,,-1 ,[E - za VENDOR NAME VENDOR AlL'OuN? ;i�!,Ih-i4J ------------------------------------- unJLHi — ------ — -------------------------- — ------------------------------------------------------- It - '_..- 7 1Y _us angeias LLLn.� f 4 _ ._.-'r >•.'211_. -JE �E O -GF -------- --------- 7---AL- - - ------------ ------ _ _•-. L 14,1'_ -S .-�- - -`-- - -- •� •- -- -- �_-- - - -_- _- Gam''' - `_- -^-- _-d.--- -fit_. ---- - _- • - _ -" fir,. -'`a: �"-,;. _ -- _ -__---_---, ,tJ� _ - -------------------------------------------------------------------------------------------------------------------------------------- - Il ' .ala:✓ - Ur =: ^ .'i -Dr t ::'SIL a,>caa i,.=;c, Payrci:Tr ='.15D -1 �_-E TGT :L [LE VENLCF --------t :.:' -:,AL SUE ,,ENIPCR--------r .:�:c- ,1K '•__._:.. L:al�andPar*'enaG-fro�5'�cs l,i':.,b<r .� Y4, L L, 1'. a, �•l. .. 5 :x,44 4thytr^,r,:ccr:ng54ts-rimy :'AL :ISE VENDOR --------? 1./sr,; 11,'1`_ 1:-0153'969 Computer Paper SO.:_2 AL DL,E VENDOR lii : il;l` R=creat ion Re ur,: TC -AL EUE 'VENDOR --------; .•:0 Tr.rsp. amm-. '/1: n-• 4i:,ri(: r.;'AL T-L'E VEN+ ' 1:ri.: :.•.: FF:� _. _rE: FF 4c,iCr:. C7AL F6EPAiD AK-UNT ----'t 4:11, iloo.'10 i.00 _ i5 C:cmmur, ty Service Prcgr3m `_.Ji. G TOTAL CUE VENDOR --------) TGT :L [LE VENLCF --------t :.:' RUN TIME: 11:--r 11, x.1-1: _.ii _. - -E n --- - �.1_-4_���i—C_•`1 -� _-___L -. �_ .a ._ .. .0 — _ _�3 =�,1 _ LF—j.li£7. -_.- _. _ L-- -------- i. `_A „{ I 'JEN20R 5e� -st.ic Emp, 'ietire,-,,e-lt 2iiC,-itji:;_ % _..._. il`.= , ` r -Z -t__ -K—C-_-,_ :C'_7ip:- �I *0011-2110-100.8 = 51.1`-11 -)rtrio-Emp;e San Gabriel Jly Tribune SGVTritune *101-4090-2115 C 511,5E 01--2,;7 11.1'x, 1,1.1`' L: RUN TIME: 11:2,4 '18..32, *001-:::300-11-;10 5 511.5E 1395 Pub U_r yF_ ............... 5';4 ,__ 1:15E VE:tiDOR NAME VENDOR. ID, 1=4.=•q Fj: nrg-._ y4-0`�4 1t��i, Qu ACCOUNT PROJ.TX-NO BATCH PO.LINEtNO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY DuE iM'vC:CE 2218=CF;1=_-,ON AMOUNT IATE Remedy The Intelligent Remedy Scnao, Don 3cnacD *1u1-4 10-4Mj _ 51:15G11;uE liri5 3vPer «reMcur=_-SenFIan Tamp c'1. 8c, 11r:5r=» *001-42,10-4220 9 51115D 01/:2:1 11/08' 11/1-`_ R-=e-�1 TempSvcs-GenF:an 54 .10 11,1`_,=4 .4 .' L PiET-' AMOi NT ----, _'11,2,0 ---_ jE vENDOR --------; 3W. a0 3:eratcr r'arCtir island TOTAL :'JE VENDOR --------) O.CK) Repro Graphics neproC,rapr �•;:.-44 :-I.3G =.:..T *0C-!-40;,,')-2110 4 `1i15Q _il:` 5'A is/(1:3 11/15 70G0 Ser,:ce Request Forms 19.13 11HL CSE VENDOR --------r 11-�.13 San Gabriel Jly Tribune SGVTritune *101-4090-2115 C 511,5E 01--2,;7 11.1'x, 1,1.1`' L: 'anise-Comptr Maint. '18..32, *001-:::300-11-;10 5 511.5E ll;G' 11; i`_. 1395 Pub -irg-r PL 94-001 105,60 ,__ 1:15E 1i; 15 1=4.=•q Fj: nrg-._ y4-0`�4 1t��i, Qu T_TAL DUE VENDOR --------) 294.40 Scnao, Don 3cnacD *ix: i-42,10-4100 4 51115[ :1 tit;: ;1r 15 F:?; mtgs-Oct/Nov c,4 =;;0,.)U ---_ jE vENDOR --------; 3W. a0 3:eratcr r'arCtir island �•;:.-44 :-I.3G =.:..T :: ,: :: 1 :- -= - - :TprCYefrleP, 2,';2,.56 :4r ii- '_ ...1` _`:-_ =-y::Eer g Srvcs-Hrtge. in.=cr -_ nc+: •n•- -c -+c� _.,1 01, 2,7. :;,•_ ..r _ = _. .- - -- 3r!Sh�w4yn c -_ P �, 7�.7 C511:5E 01/2126Q ,0� illi ''ENK; 'iklE :,r7:,4 po'. EN-:: -------- -- --- - - - - ----- -- -- ---- - ---- - -- - -- - - - - ----- -- -- -- -- - - - - --- -- - - - - - - - - - - - -- - - - -- - - -- - - - --- -- ------ ---- - -- -- - - - - -- - - - - - - - -- -- -- - - - - c 4 y==-213,u 4 J_ 11/U$ 1i/15 TIAL UE VENEOF - ---------- 'P _0 An7l,a 1 Aua , tF Y 'K -Q4 X71 TO -AL DDLIE VENDOR --------- 11108 11/15 �11 !,�O 3f 4 1-1 11 11 5E 35r•y�n 11/08 11 /1F :;.-4'S'.-4:;1: 30 ii/US 11./15 c 4 y==-213,u 4 J_ 11/U$ 1i/15 TIAL UE VENEOF - ---------- 'P _0 An7l,a 1 Aua , tF Y 'K -Q4 TO -AL DDLIE VENDOR --------- 11108 11/15 �11 !,�O 3f 4 1-1 11 11 5E 11/08 11 /1F 3 113 I 5 5 11 11 SE -.rTA DUE VENDOR -------- 11/08 11115 1 Aucic/.isualll Srvcs-_/I ._-").`)C_) walnutclty 81101010- i aIoiv:suall SrCS-11/1 Ar ;r t. 5111:`E 2 2 E 4 cxl -40 �c - 40CIfe'- 1 51115E 1/08 11/15 il 00 1 - 4C i- ='_-E I ).', '1" 15 -r LME 4 7�7�L -�MCJNT --- - -_` L DUE VENDOR ---------- :,.,a: Sup Lire nsuramcR JT�LD-11DE 'VENDOR ---------- 4 J_ TIAL UE VENEOF - ---------- 7 f, "I An7l,a 1 Aua , tF Y 'K -Q4 TO -AL DDLIE VENDOR --------- 11, : Fnt: Barr i cal.es. R-r,&,Fst,, 1 Rnt!.5arricades.RnchFstv1 n7_5arri:ades.Rncn stvl C,-Edlt Memo TC,-rj_ DUE--------- I I liar_ CCAP-FY Q4 -.rTA DUE VENDOR -------- 5,610.00 AL21C2/V1SLa11 Srvcs-10/24 1,Q -Z- .tfij -- Aucic/.isualll Srvcs-_/I ._-").`)C_) Error 81101010- i aIoiv:suall SrCS-11/1 '2 c' ,'ENDOR --------- ! ;_Ifj, �1' Y. )E'4_,OF jAmE J�--- NT- --- ---------------------- ------------------------- — ----- --- — -------------------------------------------------------------- --- TOTAL DUE ---------------3 i_`,-45.40 TOTAL REPORT ------------i -- 41,' .`-- 7' _a ^.2rtai ."4 .r.._ ...... .: _: = = _� -_ -zc:er ='4 :. 1-a..: -�:_?' =..a= �:�; ::;:- E2�5-"_ Water - i?);'+4 l I- _a.- a__ _ _a..= _- . i. ._ .ar.= c��._'%;. �DC:er nerral - iJ;'4 TOTAL DUE ---------------3 i_`,-45.40 TOTAL REPORT ------------i -- 41,' .`-- F E T ,.E AR .... D: S. ELAM 3 GuE WT L_ _�E rip,: S195--Ij TOT AL. "IFFiCT �Af IrE Y E N U E REVENUE ExFENSE REVENUE EX;_ ------------------------------------------------------------------------------------------------------------------------------------ C) I e, 17, :' 1, - _, -,era! �:uro 5. _-4'- 77 - U9 F�,nd 44: 4. Waste Mgwt F -30' C), 1i Prop A -Trans t F 4= -141 LLAD #41 Fund 71.=. 71.- 12: 1.112: CDBG Funa 31 1. 11 3 1. ;o TOTIAL ------------ ------------ ------------ ------------ ------------ ------------ ------------ ------------ ALL FUND": 24- 7 57 2 7'_ . ,A) I 1 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. r L TO: Terrence L. Belanger, City Manager MEETING DATE: November 15,1994 REPORT DATE: October 28,1994 FROM: Joann M. Gitmed, Senior Accountant TITLE: Membership of the City of Malibu in the Southern California Joint Powers Insurance Authority (SCJPIA). SUMMARY: The Southern California Joint Powers Insurance Authority Executive Committe, at their meeting of October 26, 1994, recommended approval of the City of Malibu as a member of the Authority. Cities applying for membership must be approved by a two-thirds majority of the current membership. RECOMMENDATION: Approve membership of the City of Malibu in the SCJPIA and authorize CMliller to execute the consent form as the City's delegate to the Authority. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification _ Resolution(s) — Bid Specification (on file in City Clerk's Office) _ Ordinances(s) XX Other (Membership Application) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes XX No by the City Attorney? 2. Does the report require a majority or 415 vote? Majority 3. Has environmental impact been assessed? —Yes XX No 4. Has the report been reviewed by a Commission? _ Yes XX No Which Commission? 5. Are other departments affected by the report? —Yes XX No Report discussed with the following affected departments: REVIEWED BY: - G� ' l errence L. Belanger Frank M. Usher Linda G. Magnuso City Manager Assistant City Manager Accounting Manager 74,Pk SOUTHERN CALIFORNIA TO: SCPIA DIRECTOR EXECUTIVE COMMITTEE_ c/o CITY CLERK, SCJPIA MEMBER CITY t hllF,l(II,I FROM: William A. Holt, General Manager Larry Van Nostran DATE: October 27, 1994 1ItI �1idSUBJECT: Membership Approval for the City of Malibu Charles Belba 1 1111111 `F' 111 1 1H) The SCJPIA Executive Committee at their regular meeting on October Curtis Morris 26, 1994 recommended the approval of the City of Malibu for ,L\ 11N%~ membership in the Authority, subject to the initial general liability primary deposit established at $132,000. The annual excess general liability deposit has been established at $10,900, based upon .97% of the imputed annual payroll. The total annual liability deposit for the City of MEMBERS Malibu is $142,900. John 6. Chavez Enclosed is a Membership Consent Form for the admission of the City of I'll 11 H1l I III Malibu along with the report of Physical Survey. Jim Edwards We are requesting that each City Clerk deliver the enclosed materials to 1"" ` I' 1.1 HIW ' the SCJPIA Director appointed by their Council, and expedite returning the form to this office as soon as possible. If the Director is unavailable, Ronald Kernes the duly appointed Alternate may execute the Consent. ,1v11I �r1n��.• The SCJPIA Bylaws permit the independent judgment and action of your Michael Moody City's Director (or Alternate) on this matter, so that admissions may be 11,1 40.11 Hill 11, � 1,11, accomplished in a timely manner. If your City's procedures require Council action on the matter, please arrange for this item to be given Ronald Oliver special handling at your next Council Meeting. ,Il I F 11 \ Thank you in advance for your assistance in expediting the return of the Albert G. Perez consent form by November 23, 1994. Please feel free to call me or Terri Purcell if you have any questions. enclosure /tp SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 4954 LA PALMA AVENUE, LA PALMA, CALIFORNIA 90643 TELEPHONE (310) 404.6374 • (714) 047.3361 • EAI (3101 060.4994 r 1 ❑ SOUTHERN CALIFORNIA O JOINT POWERS INSURANCE AUTHORITY 4952 La Palma Avenue, La Palma, California 90623 (310) 402-6372 (714) 827-3361 FAX (310) 860-4992 MEMBERSHIP APPLICATION ********** REPORT OF PHYSICAL SURVEY of CITY OF MALIBU I. GENERAL INFORMATION A. Date of Survey: September 6 and i, 1994 B. Participants in Survey: 1. For SCJPIA: William A. Holt, General Manager Patricia France, Sr. Risk Manager Chuck Buquet, Sr. Risk Manager Jeff Jones, Risk Manager Sandy Groves, Staff Consultant 2. For City: John Harlow, Councilmember Joan House, Councilmember David Carmany, City Manager Mark R. Lorimer, Asst. City Mgr./Finance Director J. Robert Bonard, Planning Director James Guerra, Building Official John Knipe, City Engineer Jeff Palmer, Project Engineer John P. Clement, Public Works Director Catherine Walter, Recreation Coordinator Vic Peterson, Building and Safety Official Page -1- J W C. Description of Applicant: Nestled next to the Pacific Ocean and primarily located adjacent to the Pacific Coast Highway along a 1/2 mile wide strip that begins northwest of Pacific Palisades, is the City of Malibu. The City is approximately 25 square miles in size which includes 26 linear miles along the Pacific Coast. The City is essentially residential in nature with the majority of citizens living in condominiums or single family dwellings. Businesses located within city limits are almost exclusively commercial in nature. Unincorporated portions of Los Angeles County as well as state beaches and parks form the northern and eastern borders of the city. The City of Malibu was incorporated on March 28,1991 as a general -law city with a council-manager form of government. Five council members are elected at large with one council member selected by the other members to serve as mayor. The latest post -1990 census places the City's population at 11,730. The underlying philosophy of the City is to preserve its present character while carefully controlling growth and the unique nature of the City. A major issue that prompted the citizens to ultimately decide upon incorporation was L.A. County's plan to construct a sewage treatment plant. Mailibu is principally a contract city which utilizes the services of outside agencies. Functions handled in-house include finance, risk management, city clerk, city attorney, disaster preparedness, recreation and planning. The bulk of the building and safety, and public works functions are done by contract. The City does not currently own any vehicles, equipment or buildings. At this time, the City has 19 full-time employees and up to 10 part-time and seasonal employees. A personnel ordinance and employee rules and regulations were adopted in 1993. General Fund revenues are projected at $8,000,000 while expenditures are projected at $7,500,000. Current payroll is projected at $1,121,500. Approximately 50% of all general fund revenue is locally controlled with the balance generated from property and sales taxes, fines and motor vehicle -in -lieu fees. The City Council has a goal of obtaining general fund unallocated reserves equal to one year's operating expenditure. Due to the City's potential exposure to natural disasters, a Disaster Preparedness Department was established in 1994 to proactively prepare for and respond to natural disasters encountered by the City. The City of Malibu was the primary force organizing a well attended disaster preparedness seminar recently held adjacent to City Hall. Page -2- 1 1 The City realizes the value of risk management in a municipality. Contracts are reviewed to ensure appropriate indemnification language is utilized as well as ensuring the City is protected through other accepted risk management practices including transfer of risk. The majority of claims arise from contractor's activities or other areas for which the City has no responsibility. II. CURRENT INSURANCE PROGRAM: A. General and Automobile Liability Coverage: The City currently purchases commercial general liability insurance coverage from Mount Airy Insurance Company. The primary limit is $1,000,000, with $2,000,000 aggregate; excess coverage is $10,000,000. There is a self- insured retention of $100,000. The total annual premium is $165,000. The City does not own any vehicles nor does it purchase any automobile liability coverage. B. Workers' Compensation: The City is covered by the State Compensation Insurance Fund. The premium is $11,700. C. Property: The City of Malibu owns no real property at this time. There is a property policy for City Hall contents only. The annual premium is $406. III. EXPERIENCE AND LOSS DATA: The City made available to the SCJPIA three years of loss history information since the March 28, 1991 date of incorporation. Initially, commercial general liability insurance coverage was purchased from Cigna Insurance Company. As of March 28, 1994 coverage was placed with Mount Airy Insurance Company. Claims volume from 1991 through 1994 is considerable, though only $12,684 has been paid out in indemnity. The total incurred cost from March 28, 1991 to March 28, 1992 is $1,226,979, with $3,031 paid. Incurred cost from March 28, 1992 to March 28, 1993 is $987,501 with $8,200 paid. Incurred cost from March 28, 1993 to March 28, 1994 is $126,343. The volume may be due to a city policy, during the first years of incorporation, to direct all claims to the insurance carrier, with no regard as to availability of coverage. Many of the claims appear not to be a result of any city negligence. Page -3- r IR In February of 1992, during heavy rains, Las Flores Creek overflowed and caused substantial property damage to residences. The creek is the responsiblity of Los Angeles County. The overflow was the result of natural blockage and heavy rains on saturated soil. Claims resulting from this incident have a total incurred cost of $1,143,122. The SCJPIA understands that FEMA is in the process of finalizing a grant of $11,000,000 to mitigate a slide area below the creek and redirect the water flow. The grant will also reimburse the homeowners who suffered property damage. During the 1992-1993 policy year, 22 claims, with incurred costs of $358,000 were presented for injuries that arose from a residential building balcony collapse. The collapse appears to be the result of deterioration of the metal beams in the structure. This situation was first noticed by the County of Los Angeles in the late seventies. The County did start to address the problem but did not follow through. The City had no notice from the County upon incorporation. The City expects to be dismissed from these lawsuits. Another claim during 1992-93 alleges road design defects with incurred costs of $513,923. A fatal automobile accident occurred on a two-lane highway, at a 160° curve, with no warning signs and a posted speed of 30 mph. Prior to incorporation the County of Los Angeles did a survey of the road but failed to complete proper signage. This case goes to trial in late September. Cigna has negotiated an agreement with the City's contract engineer to bear 50% of the costs. During the 1993-94 policy year there was a major firestorm that affected the City. One hundred and three residents have presented claims for fire damage to the City. There were several theories put forward that placed responsibility on the City: 1) there was preference given to protecting Hughes Resarch Laboratories and Pepperdine University over residences; 2) the availability of water was not consistent; 3) a roadway, closed prior to incorporation by the County, if open would have been available to firefighting personnel and more residences would have been saved; and 4) lack of police coordination. It would appear that these theories are weak. Cigna has setup claim files with nominal reserves and is working with the city attorney to obtain dismissal. IV. APPLICATION FEE AND DEPOSIT COMPUTATIONS: A. Application Fee: The City of Malibu has paid an application fee of $1,500. B. General Liability Deposits: The initial primary general liability deposit is normally established with at least five years' claims history. Due to the short time this city has been in existence and the high volume of presented claims, that are not the responsibility of the City, the deposit was established at 80% of the existing insurance premium or $132,000. The excess general liability deposit was established at .97% of payroll or $10,900. Page -4- J K_ 1 C. Workers' Compensation Deposit: The City has not chosen to participate in the SCJPIA's workers' compensation program at this time. V. PHYSICAL INSPECTION AND COMMENTS: The City of Malibu has 19 employees performing in an administrative, administrative support and recreation program capacity. Contract municipal services are provided by agencies and firms having established expertise in each service area. Law enforcement services are provided under contract by the Los Angeles County Sheriff's Department. Fire Protection services are provided independent of city involvement by the Los Angeles County Fire Department. City Engineering is contracted through Willdan Associates. Bums -Pacific performs contract public works pavement overlays and repair, pavement marking, sidewalk repair/replacement, warning/ regulatory signage maintenance, and weed abatement services. Signal Maintenance Inc., performs contract traffic signal maintenance for the only city -owned traffic signal located at the intersection of Malibu Canyon and Civic Center. Contract street sweeping is provided by California Street Sweeping. Refuse collection services are performed by Aladdin, HBJJ Disposal, Pacific Blue and Las Virgenes Disposal under franchise agreements entered into by the County. A. Civic Center/City Hall Complex: The City currently leases the former Sheriff's offices located at the County Government Centerfor use as the Malibu City Hall. These offices were observed to be well maintained and functional for current city use. B. Corporation Yard: The City does not currently have a corporation yard because city public works services are contracted out to various firms having established expertise in each service area. C. Parks and Playgrounds: The City does not currently own any park facilities but leases three county - owned sites in an effort to meet the recreational needs of over 11,000 residents. Page -5- / r 1 1. Bluffs Park: This leased facility is located across from Pepperdine University and was observed to be generally maintained in a satisfactory condition. It is composed of a community center, 2 baseball diamonds, and a nature trail with a view of the ocean. 2. Malibu Equestrian Center: This leased facility is located adjacent to a residential area and primarily consists of a small riding ring. It has minimal landscaping observed to be generally maintained in a satisfactory condition. 3. Charmlee Nature Center: This leased 527 -acre facility is primarily an open space preserve maintained in a natural state with the exception of equestrian trails, a restroom facility and caretaker office and trailer. It is anticipated that negotiations for quit -claiming this facility to the city will be completed shortly, with the city taking ownership within the next few months. D. Streets and Sidewalks: City streets, roadways, sidewalks and right-of-way areas are still generally in the condition the County permitted for a rural beach community. Pavement marking for all city -owned streets has been recently completed and will be conducted on an annual basis. Good use of raised pavement markers was observed in a number of areas, with city staff indicating such use will be applied consistently throughout the city following completion of a number of pending pavement overlay projects. City sidewalk responsibility is minimal due to the fact that most existing sidewalks are located on Pacific Coast Highway and are the responsibility of Caltrans. E. Unusual Exposures: The City was subjected to a devastating fire in November 1993, which burned 300 homes (10% of the city's housing stock) and a significant portion of the brush in the 62 canyons located within the city. Subsequent rainfall caused exacerbated land/mud slides and movement, requiring the city to install a number of protective barriers for roadways and residences. This area has been prone to land movement, which is evident with the installation of flexible above -ground water and drainage lines in a number of the canyon areas. Page -6- J W 1 VI. WATER AND OTHER UTILITIES: The City does not have responsibility forthe provision of any utilities for city residents and businesses, with such services provided independently of city involvement by various agencies. Southern California Edison provides electrical power, Southern California Gas provides natural gas, General Telephone provides telephone service, Los Angeles County Waterworks District 29 provides water service and Falcon Cablevision provides cable television services. Most homes are on private septic systems. VII. FIRE DEPARTMENT: Fire protection services are provided independently of city involvement by the Los Angeles County Fire Department. VIII. POLICE DEPARTMENT: Law enforcement services are provided under contract with the city by the Los Angeles County Sheriff's Department. IX. PUBLIC AND STAFF ATTITUDES: A. Public: Despite its proximity to Los Angeles, the city fosters a small town feeling of accessibility and service to its residents. The City recently established a Disaster Preparedness Department to help citizens prepare for manmade and natural disasters. The citizens appear to be satisfied with the activities and services provided by the City. B. Staff: The staff of the SCJPIA was impressed with the knowledge, courtesy and enthusiasm of city personnel. They were candid in their responses to numerous questions and volunteered information about all aspects of the city, its departments and exposures. The Public Works Director, Building and Safety Director and Recreation Coordinator participated in the field portion of the survey. The inspection included an extensive examination of streets, parks and water lines, as well as areas that had recently experienced fires and soil erosion. City staff is aware of the responsibilities and advantages of becoming a member of the SCJPIA. Page -7- J 1 X. SUMMARY AND EVALUATION: The City leadership understands the concept of risk management and is cognizant that potential hazardous conditions need to be closely evaluated. There is a commitment to risk management by all department heads. The City has evaluated its internal claims process and now has a full time attorney who will review all claims before presentation to the claims administrator. Though certain exposures exist, the interest expressed by the City Council and City staff in good risk management and the SCJPIA are important. Membership in the Authority would beneift the City by providing economic coverage for liability losses and will be of advantage to the SCJPIA by expanding its ability to spread pooled losses. XI. RECOMMENDATION: It is recommended that the application of the City of Malibu for membership in the Southern California Joint Powers Insurance Authority be approved with an initial general liability primary deposit of $132,000 and an excess general liability deposit of .97% of payroll in the amount of $10,900, for a total amount of $142,900. Page -8- SO. CAL O 1 SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 4952 La Palma Avenue, La Palma, California 90623 (800) 229-2343 FAX (310) 860-4992 APPLICATION FOR MEMBERSHIP INSTRUCTIONS: Please complete the following underwriting information. You may attach additional sheets, if necessary, to amplify your answers. The application should be signed by the City Manager. Please type your answers. CITY OF: ADDRESS: CITY MANAGER: FINANCE OFFICER: RISK MANAGER: Date of Application: July 2 6. 1994 Date of Incorporation: march 28, 1991 Malibu 23555 Civic Center Way Malibu, California 90265 David Carmany Mark Lorimer 1. POPULATION: 11 , 730 2. AREA: 25 sq. miles 3. TOTAL CITY BUDGET: (include redevelopment or other covered agencies) Current FY total Budget Current FY Payroll $1,121,500 4. EMPLOYEE CENSUS: (no. of full-time employees) Clerical Office (8810) 4 Municipal Non -Manual (9410) 15 All Other Municipal (9420) 0 Firefighters (7706) 0 Police Officers (7720) 0 Bus Operators (7382) 0 Other (Designate Class) ( ) 0 TOTAL FULL TIME EMPLOYEES 19 J 1 OF 7 i S. CURRENT INSURANCE PROGRAM: (Or last insured year) In addition, please submit the face sheets of all current policies. A. GENERAL LIABILITY COVERAGE: N 1. Primary Coverage: $2,000,000 (general aggregate) Carrier: Mt. Airy Insurance Co. Policy Period: 3-28-94 to 3-28-95 Occurrence Limit:: $ 11000,000 Premium: $ 125,000 Deductible/Retention: $ 100,000 Claims Administrator: Carl Warren Associates (all claims) Marsh & McClennan (excess SIR) 2. EXCESS LIABILITY COVERAGE: $ 10,O00,OOOExcessof$ 2,000,000 Carrier: Mt. Airy Insurance Co. Policy Period: 3-28-94 to 3-28-95 Premium: $ 40,000 $ Excess of $ Carrier: Policy Period: Premium: $ $ Excess of $ Carrier: Policy Period: Premium: $ B. WORKERS COMPENSATION COVERAGE: 1. Primary Coverage: Carrier: State Compensation Insurance Fund Policy Period: 11-1-93 t o 11-1-94 Premium: $ 11,700 Employers Liability Limit: $ 3,000,000 Deductible/Retention: $ ' Claims Administrator: 2. Excess Compensation Coverage: $ Excess of $ Carrier: Policy Period: Premium. 0q 20F7 J CITY OF DIAMOND BAR AGENDA REPORT 3. AGENDA NO. , . TO: Terrence L. Belanger, City Manager MEETING DATE: November 15, 1994 REPORT DATE: November 7, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Release of Grading Cash Bond Posted for 2740 Shadow Canyon Drive in the "Country" in Diamond Bar. SUMMARY: The Principal (Te Fei Chang) desires release of a cash bond posted for grading located at 2740 Shadow Canyon Drive in the amount of $12,000. The Interim City Engineer finds that Principal has performed all work as shown on the approved As -Built grading plan, on file with the City. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the cash bond which was posted with the City of Diamond Bar in February, 1994 as a condition precedent to issuance of a grading permit for a tennis court and gazebo grading at 2740 Shadow Canyon Drive in the amount of $12,000.00; 2)instruct the City Clerk to notify Te Fei Chang and East-West Federal Bank of the City Council's action. LIST OF ATTACHMENTS:x Staff Report _ Resolution(s) _ Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specification (on file in City Clerk's Office) X Other: Final Engineering Certificate 1. Has the resolution, ordinance or agreement been reviewed N/A by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? _ Yes x No Which Commission? N/A 5. Are other departments affected by the report? Yes x No Report discussed with the following affected departments: N/A REVIEWED BY: Terrence L. B nger Frank Us le George A. Wentz City Manager Assistant City Manager /Interim City Engineer CITY COUNCEL REPORT AGENDA NO. MEETING DATE: November 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Release of Grading Cash Bond Posted for 2740 Shadow Canyon Drive ISSUE STATEMENT: The Principal (Te Fei Chang) desires release of a Cash Bond posted for grading located at 2740 Shadow Canyon Drive in the amount of $12,000.00. The Interim City Engineer finds that Principal has performed all work as shown on the approved As -Built grading plan, on file with the City. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the Cash Bond which was posted with the City of Diamond Bar in February, 1994 as a condition precedent to issuance of a grading permit for a gazebo and tennis court grading at 2740 Shadow Canyon Drive in the amount of $12,000.00; and 2) instruct the City Clerk to notify Te Fei Chang and East-West Federal Bank of the Council's action. FINANCIAL SUMMARY: This recommendation has no financial impact on the City's 1994-1995 budget. BACKGROUND: The grading on this lot was for a 110' x 50' tennis court and a gazebo. The lot was inspected and final grade was approved on October 31, 1994 by the City's Consultant, Mr Jack Ozdere of Ron Kranzer and Associates. Therefore, we now recommend that the bond which was posted with the City of Diamond Bar be released. DISCUSSION: The following listed cash bond needs to be released: Address: Owner: Tract No.: Financial Institution: Account No.: Amount: PREPARED BY: Anne X. Garvey 2740 Wagon Train Lane Te Fei Chang 30289 East-West Federal Bank 134555 $12,000.00 i 1 10. POLICE SERVICES EXPOSURES: A. Number of Sworn Officers: Full-time: Part-time: B. Number of Reserves: Level I: - Level II: C. Number of Police Stations: D. Number of Jail Facilities: - Number of Cells: E. Is there a Policy and Procedures Manual? F. Is there a written Pursuit Policy? G. Is there a written Policy on the use of Firearms? - 11. FIRE SERVICES EXPOSURES: A. Number of Sworn Fire Personnel: Full-time: _ Part-time: _ Volunteers: _ Paramedics: _ B. Number of Fire Stations: _ 12. UTILITY SERVICES EXPOSURES: A. Water Department: L.A. County Waterworks District 29 Please submit an inundation map showing location and describe each dam. 1. Number of Employees: - 2. Average Capacity/day: Domestic: - Industrial: - 3. Source of supply: 4. Dams: Number: _ Capacity: _ Type: 5. Reservoirs: Number: - Capacity: - Type: 6. Storage tanks: Number: - Capacity: - Type: 7. Source of water supply: J 6OF7 i B. Sanitary Sewer Service: Number of employees: Average capacity/day: Level of treatment: Effhient discharged to: C. Service Suppliers: Electrical Power: Natural Gas: Telephone: Cable Television: Water: (if private) Solid Waste Disposal: 13. ACKNOWLEDGEMENT: Southern California Edison Southern California leas GTE Falcon Cablevision L.A. County WW Dist. 29 Aladdin. HBJJ Disposal, Pacific Blue, Las Virgenes Disposal The City agrees that all of the above information, including attachments, are deemed material and that all pertinent information has been fully disclosed. SCJPIA will rely on these answers,including attachments, when considering this application for membership. NAME: David Carmany TITLE: City manager DATE: July 26, 1994 SIGNATURE: SCJPIA Mem. App./rev 6/94 7OF7 J i L 9 C. PROPERTY INSURANCE: Personal Property 1. Coverage: (replacement cost or other, please specify) R P r l a r. R m R n t r n S t Insured values: Buildings: $ n Contents: $ 5 2, 2 n n Vehicles: $ 0 Other: $ 0 Total Values $ 52.200 Carrier: Aetna Life & Casualty Policy Period: 3-28-94 to 3-28-95 Premium: $ 416/yr. D. HEALTH BENEFITS: 1. Medical Coverage: Type of plan: Indemnity, PPO, EPO, HMO, or other PPO/HMO options Number of participants: 19 Carrier: PERS Health Benefits Policy Period: Premium: $ 100,000/yr. Deductible/co-pay: $ Claims Administator: 2. Dental Coverage: Type of plan: Indemnity or Pre -paid Indemnity Number of participants: 19 Carrier: Principal mutual Insurance Co. Policy Period: 3-28-94 to 3-28-95 Premium: $ 11,700 Deductible/co-pay: $ 50 Claims Administator: 3. Other Benefits Offered: yes no Vision: X Lif e: X Long Term Disability X Flex Benefits X Orthodontia X Deferred Compensation (optional) X Other: (please specify) City's contribution to the Employee's benefit Package $ 200,000/yr. 3OF7 6. LOSS EXPERIENCE: (past five completed years) In addition, please submit a current loss run with summary information. A. GENERAL LIABILITY INCURRED LOSSES: Year Number of Amount of losses losses 91=92. ------------_—_------- ------------0 --------------------_. - =�-------------------------- 2-i - 6 5------------------- ----------------------------------------------------------- B. WORKERS' COMPENSATION INCURRED LOSSES: C. INSURED PROPERTY INCURRED LOSSES: Year Number of Amount of — losses losses -g1=------------E-------------------------- —0 ----------------------- --5� .�------------0--------------------------- 0------------------------ 93-9 0 0 ------------------------------------------- 4OF7 21660 E. COPLEY DRIVE, SUITE 190 DIAMOND BAR, CA 91765-4177 (909) 396-5671 SUPERVISED GRADING INSPECTION CERTIFICATE JOB ADDRESS/LOT AND TRACT NO. �LkQ SODDW CANYON titg PERMIT NO. OWNER G&Acy C'p�, i CONTRACTOR - SOILS. ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lot(s) were installed upon competent and properly prepared base material and compacted in compliance with requirements of Building Code Section 7010. I further certify that where the report or reports of engineering geologist, relative to this site, have recommended the installation of buttresses, fills or other similar stabilization measures, such earthwork construction has been completed in accordance with the approved design. LOT NO.(S) See report dated for compaction test data, recommended allowable soil bearing values and other recommendations. EXPANSIVE SOILS (YES) (NO) LOT NO.(S) - BUTTRESS FILLS (YES) (NO) LOT NO.(S) REMARKS ENGINEER REG. NO. DATE Signature (and wet -stamp) SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION I certify to the satisfactory completion of rough grading including: grading to approximate final elevations, property lines located and staked; cut and fill slopes correctly graded and located in accordance with the approved design; swales and terraces graded ready for paving, berms installed; and required drainage slopes provided on the building pads. I further certify that where report or reports of an engineering geologist and/or soils engineer have been prepared relative to this site, the recommendations contained in soils reports have been followed in the execution of the work. LOT NO.(S) REMARKS ENGINEER REG. NO. DATE Signature (and wet -stamp) SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION I certify to the satisfactory completion of grading in accordance with the approved plans. All required drainage devices have been installed; slope planting established and irrigation systems provided (where required); and adequate provisions have been made for drainage of surface waters from each building site. The recommendations of the soils engineer and engineering geologist (if such persons were employef) have been incorporated in the work. LOT NO. Signature V4 REG. NO. DA GRADING CER77FICA77ON BY THE SOILS ENGINEER AND GRADING ENGINEER INSPEC770N AND RELEASE TO BUILDING DEPARTMENT FOR STRUCTURAL PE FINAL GRADING CER77FICA77ON BY THE GRADING ENGINEER IS REQUIRED, AND RELEASE TO BUILDING DEPAR73-TENT FOR OCCUPANCY OF S77?UC7VRE. C—WECf4 V j-inli�� ��rii�iN�i• 1 i +�>�5 ✓JS l�'c.�2 to FO GRADE 2 No. 36096 FINAL GRADE CI7ON CiVl1- OF CAU'EO��yP CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: " 4 - TO:- TO: Terrence L. Belanger, City Manager MEETING DATE: November 15, 1994 REPORT DATE: November 9, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Release of Grading Surety Bond Posted for 21217 Washington Street "Diamond Bar Mobile Estates" in Diamond Bar. SUMMARY: The Principal, Diamond Bar Estates, desires release of a surety bond posted for grading located at 21217 Washington Street "Diamond Bar Mobile Estates" in the amount of $15,000. The Interim City Engineer finds that Principal has performed all work as shown on the approved grading plan, on file with the City. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the surety bond which was posted with the City of Diamond Bar in December, 1991 as a condition precedent to issuance of a grading permit for grading of fifteen lots, a recreation park and a paved street in a mobile home park at 21217 Washington Street in the amount of $15,000.00; 2)instruct the City Clerk to notify Diamond Bar Estates and Developer's Insurance Company of the City Council's action. LIST OF ATTACHMENTS:x Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file _ Ordinance(s) in City Clerk's Office) Agreement(s) X Other: Final Engineering Certificate and Copy of Bond EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? _ Yes x No Which Commission? N/A 5. Are other departments affected by the report? Yes x No Report discussed with the following affected departments: N/A REVIEWED BY: Terrence L. Belanger Frank A. Usher eorge A. Wen z City Manager Assistant City Manager 1"F24 Interim City Engineer CITU COUNCIL REPORT AGENDA NO. MEETING DATE: November 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Release of Grading Surety Bond Posted for 21217 Washington Street "Diamond Bar Mobile Estates" in Diamond Bar. ISSUE STATEMENT: The Principal Diamond Bar Estates desires release of a Surety Bond posted for grading located at 21217 Washington Street "Diamond Bar Mobile Estates" in the amount of $15,000.00. The Interim City Engineer finds that Principal has performed all work as shown on the approved grading plan, on file with the City. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the Surety Bond which was posted with the City of Diamond Bar in December, 1991 as a condition precedent to issuance of a grading permit for 15 (fifteen) lot grading at 21217 Washington Street "Diamond Bar Mobile Estates" in the amount of $15,000.00; and 2)instruct the City Clerk to notify Diamond Bar Estates and Developer's Insurance Company of the Council's action. FINANCIAL SUMMARY: This recommendation has no financial impact on the City's 1994-1995 budget. BACKGROUND: The grading on these lots was for 15 mobile home spaces, a recreation area and a paved street. The lots, recreation area and street were inspected and final grade was approved on November 9, 1994 by the City's Consultant, Mr Jack Ozdere of Ron Kranzer and Associates. Therefore, we now recommend that the bond which was posted with the City of Diamond Bar be released. DISCUSSION: The following listed surety bond needs to be released: Address: 21217 Washinton Street Owner: Diamond Bar Estates Tract No.: 2166 Surety Company: Developer's Insurance Comnpany Bond No.: 211508S Amount: $15,000.00 PREPARED BY: Anne X. Garvey 21660 E. COPI.EY DRIVE, SUITE 190 DIAMOND BAR, CA 91765-4177 (909) 396-5671 SUPERVISED GRADING INSPECTION CERTIFICATE Pa'e- za -z T/.-' eT lY° z/6r. JOB ADDRESS/LOT AND TRACT NO. 6.4. PERMIT NO. OWNER ,011I &VO CONTRACTOR ac.�•s/�2/.�S'�oG SOILS ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lot(s) were installed upon competent and properly prepared base material and compacted in compliance with requirements of Building Code Section 7010. I further certify that where the report or reports of engineering geologist, relative to this site, have recommended the installation of buttresses, fills or other similar stabilization measures, such earthwork construction has been completed in �"CZO;'�40V ance ver a approved design. LOT NO. (S) v -LO � � - d -S See report dated 4, v . A' 3 for co data, ed allowable soil bearing values and other recommendatio s. p Z EXPANSIVE SOILS&) (NO) LOT NO.(S) °C Iib. mi BUTTRESS FILLS (YES) LOT j # T NO.(S) 319 , REMARKS s ENGINEER _ , d eW N ' DATE 9%27 g 4- S' ature (and wet -stamp) F10F CAICAI SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION I certify to the satisfactory completion of rough grading including: grading to approximate final elevations, property lines located and staked; cut and fill slopes correctly graded and located in accordance with the approved design; swales and terraces graded ready for paving, berms installed; and required drainage slopes provided on the building pads. I further certify that where report or reports of an engineering geologist and/or soils engineer have been prepared relative to this site, the recommendations contained in soils reports have been followed in the execution of the work. LOT NO.(S ENGINEER REG. NO. Signature (and wet -stamp) I certify to the satisfactory completion of grading in accordance with the apprc been installed; slope planting established and irrigation systems provided (whet made for drainage of surface waters from each building site. The recomme geologist (if such persons were employed) have been incorporated in the work. LOT NO.(S) , /U ','* %, 2V 55'14 -f0_ - r Signature (and wet -stamp) DATE 'fir w.,, U, All requ R/ CIVIL REG. NO. 2310 a �- J/e;'1V a devices have ns have been engineering GRADING CER77FIC47YON BY THE SOILS ENGINEER AND GRADING ENGINEER IS REQUIRED FOR ROUGH GRADE INSPECTION AND RELEASE TO BUILDING DEPARTMENT FOR STRUCTURAL PERMITS. FINAL GRADING CER77FICA77ON BY THE GRADING ENGINEER IS REQUIRED BEFORE FINAL GRADE INSPECTION AND RELEASE TO BUILDING DEPARTMENT FOR OCCUPANCY OF STRUCTURE. CMC k c=U LJ j 5 1, 771 ',00 2:� Iq NU i4C T4,eL) i45" i=c1 {-2N:?[. <rtsar�crvG'. it -7 v4 Y o B D I A }� O N D B A R premium S270.00 BOND LABOR w iATERIALS AND FAITHFUL PERFORMA :) Project: DIAMOND BAR KNOW ALL MEN BY Ti- E tESENTS: That MOBILE ESTATE; as, and DE` PERS INSURANCE hereinafter referred to 1 .tively as, "Principle", and COi NY a corporation organized an �x. sing under the laws of the State CALIFORNIA and duly authorized to transact s et business in the State of Calif( -i.a as, and einafter referred to as, "Surety' ars held and firmly bound unto the Lty of Diamond Bar, hereinafter referred to a e "City", in the sum of $15.00 _Q _ Dollars for Faithful Performance anc Dollars for Lab i and Materials, for the payment of which Princi; a nd Surety bind themselves, thei heirs, administrators, successors and assigns, oir.tly and severally as follows: THE r NDITION OF THE ABOVE OBLIGATION IS WHEREAS, Principa is the owner of a parcel of land '.n the City, which it is seeking to perform const uction operations and has filed wit-- I. --he City a construction plan and permit applicat on for such parcel of land described ao: Grading -15 spaces @ 21217 Washington - Diamod B.3r Ca. � : and WHEREAS, as a coriition prece ent to the -approval Osaid construction plan Principle is required °:o deliver to the City a bond, securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for stch improvements and in the faithful performance of Principle to complete such constriction pursuant to the provisions of the City's Code; and WHEREAS, all of each construction is to be performed to accordance with the construction plans appr(ved by the City Engineer for such parcel; and WHEREAS, Principlf shall perform any changes or alterations in the construction required by the City to :onform to approved plans for above said construction; and WHEREAS, Principl( shall complete the construction operations within �J days from the date of c.)mmencement; and WHEREAS, the comlletion of such construction shall be at the sole cost and expense of Principle. NOW, THEREFORE, i.f Principle shall faithfully perform and shall pay the contractor, his subcont.-actors and all persons renting equipment or furnishing labor or materials to them fo.- the full cost of all work as shown on the construction plan in accordance with the conditigns of approval of said plan and permit, then this obligation shall be nu11 and void. PROVIDED, HOWEVER, if Principle shall not pay the contractor, hie subcontractor and all persons renting equipment or furnishing labor or materials to them for the full cost of said approved construction, then this obligation shall remain in full force and effect and such contractor, subcontractor, City and persons shall have a direct right of action against the Principle and Surety under this obligation, subject to the priority of the City. PROVIDED, HOWEVER, if Principle shall not faithfully perform all work as shown on the approved constru=tion plan then this obligation shall remain in full force and effect. PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration of modification of the contract documents or of the work to be performed thereunder shall in any way effect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder, and PROVIDED, FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal or Surety. IN WITNESS WHEREOF, Principle and Surety have caused these presents to be duly signed and sealed this 26th day of DECEMBER 19 91 (Seal) (Seal) SURETY By DEVLOPERS INSURANCE COMPANY By :.D1:VELOPERS INSURANCE CO ANY 17780 x1TCH. PRINCIPLE B AMONG BAR MOBILE ESTATES BY RESOLUTION NO. 69-4B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89-4A ESTABLISHING THE DAY AND TIME OF CITY COUNCIL MEETINGS A. Recitals. (i) The California Government Code requires this Council to establish the day and time of regular meetings of the City Council. (ii) This Council, on April 18, 1989, per Resolution No. 89-4 and again on December 14, 1993, per Resolution No. 89-4A, adopted the day and time of regular meetings of the City Council. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby resolve as follows: 1. Regular meetings of the City Council shall be held on the first and third Tuesdays of each month at the hour of 6:00 p.m. unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next succeeding business day. 2. The City Clerk shall certify to the adoption of this Resolution. 1994. PASSED, APPROVED AND ADOPTED this day of Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted this day of , 1993, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar r1TV nr n.�rz AGENDA REPORT AGENDA NO. ��- TO: Terrence L. Belanger, City Manager MEETING DATE: November 15, 1994 REPORT DATE: November 10, 1994 FROM: Bob Rose, Community Services Director TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE 1989 FOR THE PATHFINDER BRIDGE WIDENING AND THE IMMINENT STATE 57 HIGHWAY H.O.V. LANE. RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 94 -XX approving the application for grant funds for the Environmental Enhancement and Mitigation Program under the section 164.56 of the Streets and Highways Code 1989 for the Pathfinder bridge widening and the imminent State 57 Freeway H. 0. V. lane. SUMMARY: The City of Diamond Bar and Caltrans are interested in submitting a joint application for the 1995/96 Fiscal Year Environmental Enhancement and Mitigation Program Grant. (Continued on next page) LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification Ordinance(s) — Other: 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 vote? X Yes No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ REVIEWED BY: Terr nce L. Belanger Frank she Bob Rose City Manager Assistant City Manager Community Services Dir. SUMMARY: (Continued) The purpose of the grant would be to provide for reforestation of the 57 Freeway from just south of Cold Spring to the 57/60 interchange, and the 60 Freeway at Brea Canyon Road. The grant, if approved, would provide funding for the planting of trees on the eastside of Fallowfield, where a recent fire destroyed a number of trees; for trees at the Cold Spring/Brea Canyon Road and Cold Spring/Fallowfield intersections; for trees on the west side of Brea Canyon Road between Pathfinder and Diamond Bar Blvd; for trees at the Pathfinder/57 Freeway interchange; for trees north of Pathfinder along the 57 Freeway north to the 60 Freeway interchange; and for trees at the 60 Freeway/Brea Canyon interchange. If awarded, the City of Diamond Bar would administer the grant and all costs associated with the project would be reimbursed by the State of California. RESOLUTION NO. 94- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAN UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE 1989 FOR THE PATHFINDER BRIDGE WIDENING AND THE IMMINENT STATE 57 FREEWAY HOV LANE WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989), which provides $10 million annually for a period of 10 years for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified of new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and, WHEREAS, said procedures and criteria established by the Resources Agency require the applicant to certify by resolution the approval of application before submission of said application to the State; and, WHEREAS, the application contains assurances that the applicant must comply with; and, WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE, BE IT RESOLVED that the City of Diamond Bar: 1. Approves the filing of an application for the Environmental Enhancement and Mitigation Program grant assistance. 2. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. 3. Appoints Terrence L Belanger as agent of the City of Diamond Bar to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. 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 introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1994, by the following vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and City Council MEETING DATE: November 15, 1994 REPORT DATE: October 13, 1994 FROM: Terrence L. Belanger, City Manager TITLE: Community Newsletter and Recreation Guide SUMMARY- Presently, the City's newsletter is produced three times a year, and is distributed to all residents. This includes separate Summer and Fall issues, as well as a combination Winter/ Spring issue. The question has been raised as to whether or not it would be desirable to produce an additional issue (separate Winter and Spring editions), which would increase the annual number of newsletters to four issues per year. When analyzing the potential impacts of producing an additional newsletter, several considerations should be explored; the two primary considerations being potential additional cost, and potential additional public benefit. RECOMMENDATION: It is recommended that the City Council approve the production of four newsletter/ recreation guides, on an annual basis, at an additional cost of $15,000. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution Bid Specifications (on file in City Clerk's Office) Ordinance(s) Other (Notice of Completion) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Yes X No 2. Does the report require a majority or 4/5 vote? X Yes No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: Recreation REVIEWED BY: (uj�� Terrence L. Bel g City Manager Frank M. Usher Assistant City Manager Nel Community Relations Coord. CITY COUNCIL REPORT MEETING DATE: November 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Community Newsletter and Recreation Guide: 3 versus 4 issues per year ISSUE STATEMENT: Presently, the City of Diamond Bar's Community Newsletter and Recreation Guide is produced three times a year, and is distributed to all residents in the community. This includes separate Summer and Fall issues, as well as a Winter/Spring combination issue. The question has been raised as to whether or not it would be desirable to produce an additional issue (separate Winter and Spring editions), which would increase the annual number of newsletters from three to four issues. When analyzing the potential impacts, several considerations should be explored; the two primary considerations being potential additional cost, and potential additional public benefit. RECOMMENDATION: In order to remain on track and maintain a timely schedule for the remainder of the year, it is recommended that the City Council approve the production of four newsletter/ recreation guides, on an annual basis, at an additional cost of $15,000. FINANCIAL IlVIPACT: Based on recent figures resulting from the production and distribution of the Fall `94 issue of the newsletter, the overall cost for a single issue (taking into consideration staff time, Photography, pre -press, printing, postage, etc.) is approximately $10,500. Obviously, one merely needs to multiply this amount by three or four to arrive at an annual figure. However, there are other factors that may, or may not, affect the final price. Two of these, which appear to be the most relevant, are listed below: 1 Additions Revenue Generated Although it is true that a fourth issue could generate additional revenue for the City through additional offerings of recreational classes and events, it is also true that additional costs would be incurred when adding more classes, providing additional facilities, and supplying additional staff, eta In fact, it is estimated that whatever additional income might be realized would not be nearly enough to offset the additional costs that would be required to produce a fourth issue. 2 Sales Tax ExemotiQn_ According to the Revenue and Taxation Code of the State of California (6362.7 & 6362.8), it is possible to claim an exemption from sales tax charges (for printing) if a publication meets certain guidelines. The primary prerequisite is that the bpublicatione�be through the�omisat �on o sales jour times ax on c Thus, a financial benefit could issue that is printed (see below). Production ost* production Coat" (with sales tax; ('without sales tax; three issues) four issues) Issue #1 $9,543.05 $9062.90 Issue #2 $9,750.00 (est.) $9,250.00 (est.) Issue #3 $9,750.00 (est.) $9,250.00 (est.) IS $9 250-00(0 st.l Subtotal: $29,043.05 $36,812.90 Original Budgeted Amount ('94-!U) $22000-00 $22,000.00 Total funds required for remainder of year $7,043.50 $14,812.90 * Production costs include: Film and derelaping, pre -press, printing, moilsng and postaga Based on the preceding figures, the City could realize a saving of approximately $1,900.00 produced, as opposed to three issues. All other in sales tax exemptions if four issues were costs would remain the same. COMMUNITY IMPACT: Diamond Bar residents would benefit from receiving an additional newsletter in two nd the primary areas --increased information about issues and events in the community, a addition of more recreational opportunities and times during the year. 1.1 esidents An additional issue of the Community Newsletter and Recreation Guide would allow for more news and information to be disseminated among the citizenry. As it is, the recreation guide portion constitutes a major portion of the publication, and there is little space available for the newsletter portion. A fourth issue would ensure extra coverage of community events. 2 Increased —gc= onat Gnuortunities Additional recreational events may be offered during the year, through extended offerings, more classes, etc. which would recreational events and classes. opportunity to participate in a wider variety Additionally, scheduling of instructors and time slots, locations, etc. would be a smoother process -- which could ultimately affect the responsiveness, as well as the overall satisfaction level, of the resident. SUMN ARY: It is not the intent of this synopsis to support either position when malting a case for determining whether or not to produce an additional newsletter. However, it necessary to point out the principal elements that could affect this decision; namely, p public benefit. In the final analysis, the question that must be addressed is whether the additional cost for producing one additional newsletter is worth the public benefit that may be derived from it? prepared by: Mike Nelson LO L o Lornoo o os p LO O O O U') U7 N N e r`ti a lz- N rNN0 S a c v c! N N N cO 0) moo CD CICVQ' cQp) O O L. N N L N N ~ U7 0 O C 404 C �NN(VI 0) Y N N O m LO C14 Lu m arr7 C 00 0 C Cp�� N M It lqt OD U? to L W 3+ m 1�- ZW 0 Lo LO O O OLL O N M V O d 0000_ c`tq O O CO titi LZN W M .N m c a ca CO 0 ry 0 - h C j o m m 3 p W CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: November 15, 1994 REPORT DATE: November 11, 1994 FROM: James DeStefano, Community Development Director TITLE: Ratification of Contract and Authorization for Additional General Plan Professional Planning Services. SUMMARY: The City entered into a Professional Services Agreement with Cotton/Beland/Associates in March of 1993 and authorize the continued use of CBA for the 1994 General Plan process to provide as needed professional planning services for the General Plan. Ratification is necessary to authorize the expenditure of additional funds. RECOMMENDATION: It is recommended that the City Council ratify the existing agreement and authorize an additional expenditure not to exceed $35,000.00 LIST OF ATTACHMENTSA Staff Report _ Resolution(s) —Ordinances(s) _ Agreement(s) -- Other EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: City Manager Assistant City Manager X Yes _ No MAJORITY _ Yes _ No Yes X No _ Yes Community X No Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Ratification of Contract and Authorization for Additional General Plan Professional Planning Services. ISSUE STATEMENT: Shall the City Council ratify the existing contract and authorize additional professional planning services with Cotton/Beland/Associates to complete the General Plan. In 1993 the City Council directed City staff to initiate all tasks necessary to develop a new General Plan. The Council authorized the retention of a consultant team headed by Cotton/Beland/Associates (CBA) to assist City staff. The City entered into a contract with CBA in March, 1993, for professional services, as necessary, in order to complete the General Plan. Upon recision of the General Plan adopted in 1993, the staff was again directed to prepare the revised General Plan utilizing the consultant services of CBA, as necessary. In January, 1994, CBA resumed service assisting the City in the facilitation of the General Plan Advisory Committee workshops and development of the 1994 General Plan. In light of the fact that direction was received from the City Council to engage the consultant services, it is now appropriate to ratify the expenditures which have been incurred. The General Plan development process will continue over the next several months and, therefore, authorization for additional CBA services is necessary. In a January 1994 report to the City Council, staff estimated a $25,000- $50,000 budget would be necessary to complete the General Plan based upon the five month revision schedule. The FY 94-95 Budget contains a $35,000 appropriation for the completion of the General Plan. The anticipated use of CBA services will utilize the balance of funds. It is recommended that the City Council ratify the existing agreement, and authorize an additional expenditure for a total amount not to exceed $35,000.00 PREPARED BY: James DeStefano Community Development Director PROFESSIONAL SERVICES AGREEMENT 1. IDENTIFICATION This Agreement is effective as cf the 17th day of March, 1993, by and between the CITY OF DIAMOND ©AR (hereinafter collectively referred to as CITY) and COTTON; BEIAND/ASSOCIATES, INC. (hereinafter referred to as "CBA"). 2. RECITALS Whereas, CITY desires to retain CBA to perform professional planning services in co!IjunctiOn with the GENERAL PIAN REVISION project-, Whereas, CBA is (hall quaiifi_d by reason of education and experience to perform scr.h services; and Whereas, CBA is wllin7 to render such professional services as hereinafter defined. Now, therefore, for and in consideratiun of the mutual covenants and conditions herein contained. CITY hereby engages CBA and rUSA agrees to provide processional sarvires in the corpletion of the GENERAL. PLAN REVISION. 3. AGREEMENTS 3.1 Definitions: The following definitions shell apply to tee following terms, ex-Aept where the terms of this Agreement otherwise require: 3.1.1 'Project": GENERAL PLAN REVISION described in 'he attacher Sr,Ope of Work labeled Exhibit 1. 3.1.2 "Services": Such priYessional services as are necessary to be performad by C6A in order to complete the plans and studies described In the aforesaid Exhibit I. 3.1.3 'Study Area': The property (or Ianv:; in the City of Diamond liar and such adjacent lands as CBA determines may have any impact or influence on the plar±s which CBA shall prepare in the performance of the aforesaid services. 3.2 Agreements of CBA: CSA agrees as follows: 3.2.1 That C8A will pmvide professional services according to the attached Exhibit t 3.2.2 That CBA, at CBA's sole cost and expense, may secure such other persons as, in the opinion of CBA, are needed to comply with the term of the Agreement and, if such persons are retained by C8A, such persons shall be fully qualified to perform such ser ices. 3.2.3 Invoices for services stall be subrnittad by CBA in accord with the payment schedule contained in Section 3.3. 3.4 Agreements of CITY: CITY agree, to pay 06A on a re;rrbursabie basis in accordance with CBA's Standard Fee Schedule in effect at the time the se?vicas are provic:ti. CLIENT shall make progress payments to CBA in accordance �hith the invoice submitter; by CBA on a monthi•; basis. CLIENT agrees that it any aspect of the invoice, including amourr:, percent complete or supporting documentation is disputed, CLIENT will notify CSA in writing within 10 days of receipt of irr:oice. If invoice is not contested, invoice shall bs paid within 30 days of date of invoice. Invoices shall specify the fee, the percentage completion of the work, the allowable total billing, the total invoiced to date, and the amount currently being irvoiced. 9;,?'� �#-,3�.I�C•_ bat l.�hSt:$E cE, f3Z ,%?�lJ 4. OWNERSHIP OF DOCUMENTS All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CBA under this Agreement shall be considered the property of CITY upon payment for services performed by CBA. Said documents and materials shall be delivered to CITY by C3A at the completion of the project; however, CBA may take and retain such copies of said documents and materials as desired. S. TERMINATION This Agreement may be terminated by either party upon the gri ing of a written `Notice of Termination- to the other party at least firteer, (15) days prior to the termination date specified in said notice. In the event this Agreement is terminated. CBA shall be paid in full value of services rendered, based upon the percentage of compietion cf CBA's work on the date of termination. 6. NOTICES Any and all notices, demands, invcicss, and written communications between the parties by mail shalt be addressed to the parties as follows: R. Dale Selland AIA, AICP Cotton/Baland/associates, lnc. 747 Green Street, Suite 400 Pasadena, California 91101 -21 19 Terrence L. Belanger City Manager City of Diamond Bar 216W E. Copley Drive, Suite too Diamond Bar, CA Any such notices, demands, invoices and written communications by mall shalt be conclusively deemed to have been recFF.reci by the addressee 5ve days after the deposit tnereof in the United States Mail, postage prepaid and property addressed as noted ar,gae. 7. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect *.o the subject matter herein. Each party to tris Agreemanr acknowlydges that no representations by any party which are not embodied herein and that ro other agreement. statement or promise not contained in this Agreement shall be 4io and binding. Any modification of this Agreement will be effective only if k is in writing signed by the pa -ties. 8. SAVINGS CLAUSE If any provision of this Agreement is found to be invatid, void or unenforceable, the remaining provisions shall nevertheless contrrue in fall force and effect without b•3ineg impaired or irrvalidated in any way. 9. GOVERNING LAW This Agreement shall be governed by and construed .n accordance with the laws of the State of California. 10. ATTORNEY'S FEES In the evert that legal action :s recessary to enforce the provisions of the Agreement, the parties agree that the prevailing pa,-ty in Said leg3! action sl -all be entitled to recover a :orney's fees from the opposing parry in any amount determined by the Court to be reasonable. 11. INSURANCE 11.1 Type of Insurance: CBA agrees ,o maintain i►1 full force and effect duting the term of this agreement the following insurance: 9116, a t'I13QNGt+,4 H'?J IJC '�:6e EG: 91 ).HW EXHIBIT 1: GENERAL PLAN REVISION-- CITY OF DIAMOND BAR The following t&ks will be performed by Cotton/Beland/,lssociales, Inc.(CBA): Task 1— Coardin c consultant team: In response to requests from City staff, coordinate work cfforts by other Moore Iacofano Goltsman, Inc. (MIG) and Austin -Faust Associates, Inc. (AFA) in support of the General Plan Revision Project; MIG is under separate contract with the City of Diamond Bar. AFA will. function as a subcontractor To CBA and will provide services to the City under CBA's invoice. Twk 2-- ,General Plan D-= —I Ro im: Prepare suggested text and map revision. to the July 1992 General Plan in response to Community Workshop input; review with City staff, and present at City Council hearings; Taek— r n in¢ Element: Prepare suggested text IRM110118E III NP SU LB 1!ll!!UIMIN SIUUI l LIUM Uy 1119 OUPIU ! 1110111 Ul RUM111V and Community Development (HDC) in their letter dated 12/21/92; review with City staff, and present at City Council hearings; gk 4-- C eneral Elan Environmental Addendum ; As determined by the City's legal counsel, an Addendum to the certified FEIR will be appropriate for the proposed adoption of the revised General Plan later this summer. CBA will draft this Addendum, review with City staff and legal counsel, and assist with public hearings; and GeUeral Plan Majt,1 exisiuns: Prepare maps and other exhibits as requested by City staff. Revised 5/13/93 �,,� '_+ MLISe,d -J5D WdBt':10 6.6. 61 :k.tiW a) Public liability insurance policy with limits in the amount of $1,GW,00p,00 which indemnifies the CITY from all liability from loss, damage, or injury to persons or property arising from negligence by CBA in the performance of these services. b) Workers' compen3ation insurance as required by the Labor Code of the State of California. 12. HOLO HARMLESS C8A shall indemnify, hold harmless. and defend CITY, its Council, servants, boards and commissions, officers, agents and employees from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any act or omission of CBA or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such cost and expense shall include reasonable attorney fries. CBA shall further indemnify and hold harmless CITY, its Co:mcl, SQN2nts, boards and commissions, officers. agents and employees from and against any damages, liab,ii:y, loss, ccst or expensewhich arise out of CBA's willful misconduct or negligent performance of the work under :his agreement provided that such liability, loss, Oost or expense is caused by the act or omission of CBA, or any of its officers, employees, servdrts, agents or subcontractors in performance of this Agreement. CBA's obligation for such indemnity and hold harmless shall not include any obligation to defend CITY, as Council, servants, boards and commissions, officers, agents or employees against any action or claim brought by any person, but CBA's obligation to indemnify CITY shall include reasonable attorney . if CBA ie found to have engaged in willful misconduct or tc have been negligent in performance cf work under this Agreement, 13. COUNTERPART EXECUTION This agreement may be executed in counterparts, each of which so executed shall be deemed an original irrespectNe of the dace of the execution, and said counterparts, together shall constitute one and the same agreement. CITY OF pIA OND BAR Sip atwe Terrence L. Belanger City Manager Date Job Number ''79.00 PSA 2/17/23 3 COTT N BELANO/ASSOCIATES. INC. � � 1 R. Dale Deland AIA, AICP Vice President HN3adSUd t181 144,217:90 E6. 8T STANDARD FEE SCHEDULE Cotton/Seland/Associates, Inc. For services provided where r --imbursement is to be on an hourly basis, the following rates are used: Senior Principal $100.00 per hour Principal $90.00 per hour Senior Associate, Principal Planner $75.00 - $90.00 or Environmentalist per hour Planter or Environmentalist $55.00 - $75.00 per hour Assistant Planner, Environmentalist, $+0.00 - S55.00 Computer Technician per hour Graphics Technician $25.00 - $40,00 per hour Word Processing Technician $35.00 per hour Non -Technical Support Person $25.00 per hour Printing and copy work, per diem, Jong distance telephone, and similar costs are invoiced at 1.15 times our cost. Subcontract costs are invoiced at 1.20 times the actual subcontract cost. IMileage charges aTC $.30 per mile, subject to energy surcharge. Hourly rates for attendance at public hearings and meetings are as specified above if the hearing -is between the hours of 8:00 a.m. and 10:00 p.m. Rates for the period 10:00 p.m, to midnight are 1.5 times the above rates. Rates for time after midnight are 2.0 *,fines the above rates. This schedule is effective through )u'.y 1, 1993. I-92 9/9,d—. -- 'JN3(It Slid d SO b!IJcb : 30 SS, '9T A.t+W COTTONIBELAN WASSOCIATES, INC. URBAN AND ENVIRONMENTAL PLANNING CONSULTANTS January 31, 1994 779.01 James DeStefano Community Development Director City of Diamond Bar 21600 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 Dear Jim: _ �9 If L w\ 0� As we have discussed, CBA will continue to provide consulting services as requested by City staff in support of the General Plan Revision Program. These services will be invoiced on a time and materials basis in accord with our existing Agreement under a separate account number. We appreciate this opportunity to resume our work with the City of Diamond Bar in this challenging assignment. Regar s, R. Dale Beland AIA, AICP Senior Principal cc: Karen Warner, AICP 747 EAST GREEN STREET SUITE 400 • PASADENA, CALIFORNIA 91 101 (818) 304-0102 FAX (818) 304-0402 6310 GREENWICH DRIVE SUITE 220 • SAN DIEGO, CALIFORNIA 92122 (619) 625-0056 FAX (619) 625-0545 C STANDARD FEE SCHEDULE Cotton/Boland/Associates, Inc. For services provided where reimbursement is to be on an hourly basis, the following rates are used: Senior Principal $100.00 - $115.00 per hour Principal $90.00 - $110.00 per hour Senior Redevelopment Specialist $100.00 - $115.00 per hour Senior Associate, Principal Planner, $75.00 - $90.00 Environmentalist per hour Planner, Environmentalist $55.00 - $75.00 per hour Assistant Planner, Environmentalist, $40.00 - $55.00 Computer Technician per hour Support Planner, Environmentalist 530.00 - $40.00 per hour Graphics Technician $25.00 - $40.00 per hour Word Processing Technician S35.00 per hour Non -Technical Support Person 525.00 per hour Printing and copy worst, per diem, long distance telephone and similar costs are invoiced at 1.15 times our cost. Subcontract costs are invoiced at 1.20 times the actual subcontract cost. Mileage charges are $30 per Haile. This schedule is effective through December 31, 1994, and is subject to revision annually thereafter. I-94 Aeom. CERTIFICATE OF INSURANCE 8/10/94 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND DOES NOT AMEND, NO RIGHTEXTEND OR AUPON THELTS THE COVERAGE AFFORDEDYB THE ORS s l If -Ica MCI nw ASSOCIATION ADMINISTRAT & CONSULTANTS INC P 0 BOX 19570 IRVINE CA 92713 COTTON/BELAND/ ASSOCIATES INC. 747 E GREEN ST #400 PASADENA CA9110 1 2119 COMPANIES AFFORDING COVERAGE R ` A COMMERCIAL UNION COVERAGESABOVE FOR T14E POLICY THIS IS TO CERTIFY THAT THE POLICIES OF 9481MWXE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 1ArfIH RESPECT TO WHICHP�TM18 INDICATED, N MAY B S ISIR MN3 ANY Y PER Z 1111 �.. i .ARA LED BYYCONTI:LACT OR OTHER D=MWff THE POLICIES DESCRISED HEREIN I8 SUBJECT TO ALL THE TERMS. CERTIFICATE MAY BE ISSUED OR MAY POLICIES. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L,irdiT'8 SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS. POLICY E!PlG71fE POLICY RXPRAIM 1Jrlfte TVP! OF s�INIAHM POLICY N16011111110DATEP�MOOKYI OMtpI1MOWYV) Am awKRALUAsu" FALH72686 9/01/94 9/01/95 G&AM.Aa A -M PnOMIrrs.GOMP0P AGM $1,000,000 X Col/ ooAL Owuma U"LRv CLAIM MAGE X ooctsL Psworw av +allele► a 1, 0 0 0, 0 0 0 .. EACH OCCUIII�IGE $1.,000,000 ov"ws a OONTAA6YOIfs MOT. , ..... ...... PILI[ DAMAOB (Aqr orr 10 0 , 9.00 mo. wow (^va pwwo s5, 000 EXCEss UANUIT UMme" FORM /elle wo1mam oompoNUTION me EINMAmw ummuff DESCFAPIION OF OFfRA71011EA.00A BEIM CERTIFICATE HOLDER CITY OF DIAMOND BAR J . DESTEFANO—COMM DEV DIR 21660 E COPLEY DR #190 DIAMOND BAR CA 91765-4177 ACORD 264 UNO 9 APICELLAMON SHOULD ANY OF THE ABOVE DESCRIBED POUGEB LIE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IPOBE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. YRNORa3O NPIIpfN�ATlfl � J/�(' SHERRY YOUNG FOR AA&C V� Y OACORD CORPORATION 1990 . n.TE aAL gym, A"ND. CERTIFICATE OF IN5UHANC:t - 8/24/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ASSOCIATION ADMINISTRATORS POLICIES BELOW. & CONSULTANTS INC COMPANIES AFFORDING COVERAGE P 0 BOX 19570 IRVINE CA 92713 COMPANY A ...................... . COMPANY B LETTER INSURED COTTON/BELAND/ COMPANY C ASSOCIATES INC. LETTER 747 E GREEN ST #400 COMPANY D PASADENA CA9110 1 2119 LETTER LEGION INSURANCE—CO, _ COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED REQUIREMENT, TERM OR BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED, NOTWITHSTANDING ANY CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ............... CO TYPE OF NBURANCE POLICY NUMBER rn Pp T (MAtCONY)Y) POLICY PAADWM LOUTS GENERAL LJAEIJTY ,.GENERAL AGGREGATE i _......__ COMMERCIAL GENERAL LIABILITY PRODUCTSCOMP/OP AGG. i_ _.__.. _.... _ CLAIMS MADE OCCUR. PERSONAL i ADV. INJURY i ...OWNER'S i CONTRACTOR'S PROT. EACH OCCURRENCE _...... ...... _ ....... _ _... ... _... FIRE DAMAGE (Any — IW) i _ MW. EXPENSE (Any or* pam i AUTOMOBILE LIABILITY COMBINED SINGLE i LIMIT ANY AUTO .._......__......__....... _.__ _.__ _ __ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS HIRED AUTOS BODILY INJURY i _ ... _ ... (PK oodit I) NON,OWNED AUTOS ...... GARAGE LIABILITY PROPERTY DAMAGE i EACH OCCURRENCE i EXCESS LJASI.ITY _. ....._.. UMBRELLA PORI AGGREGATE .._.__ OTHER THAN UMBRELLA FORM WC3002768 9/01/94 9/01/95 X STATUTORYLIAITS woa is COMPENSATION EACH ACCIDENT 1 1, 0 00,000 AND DISEASE -POLICY LIMIT $1,000,000 EMPLOYERS' LIABILITY DISEASE -EACH EMPLOYEE $1,000,000 OTHER DESCRIPTION OF OPERATIONNLOCA CML ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF DIAMOND BAR LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OSUGATION OR J . DESTEFANO—COMM DEV DIR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 21660 E COPLEY DR #190 AUYNORGDREPRESEMTATNVE DIAMOND BAR CA 91765-4177 Y SHERRY YOUNG FOR AA&C OACORD CORPORATION 19 0 auumu zo-s tfmuj CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. '�. Gj_ TO: Terrence L. Belanger, City Manager MEETING DATE: October 18, 1994 REPORT DATE: October 13, 1994 FROM: Frank M. Usher, Assistant City Manager Kellee A. Fritzal, Administrative Assistant TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCE 20 (1989) AND 20A (1989) SUMMARY: The City's current Purchasing Ordinance has been revised to provide clarification, and to include new sections which make the Purchasing System more efficient and effective. It was determined that it would be more beneficial if an entirely new Ordinance was prepared, repealing Ordinances 20 and 20A (1989), and establishing a new purchasing system in a different format. The proposed Ordinance has been reviewed by the City Council Finance Sub -Committee, and the Finance Sub - Committee recommends its approval to the City Council. RECOMMENDATION: It is recommended that the City Council approve for first reading, by title only Ordinance No. An Ordinance of the City Council of the City of Diamond Bar Establishing a Purchasing System and Repealing ordinances 20 (1989) and 20A (1989).- E IERNAL 1989)."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 _ Yes —No 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? — Which Commission? X Yes —No 5. Are other departments affected by the report? Report discussed with the following affected departments: All Departments are affected REVIEWED BY: T_"� >---" - - _�_ Terrence L. Be ange Frank M. Usher Kelle_ - � _4e A Fritzal Administrative Assistant City Manager Assistant City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: October 18, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCE 20 (1989) AND 20A (1989) RECOMMENDATION: It is recommended that the City Council approve for first reading, by title only Ordinance No. "An Ordinance of the City Council of the City of Diamond Bar Establishing a Purchasing System and Repealing Ordinances 20 (1989) and 20A (1989)." SUMMARY: The City Council adopted Ordinance 20 (1989), which established a purchasing system. The Purchasing Ordinance has been revised to provide clarification, and to include new sections which make the Purchasing System more efficient and effective. It was determined that it would be more beneficial if an entirely new Ordinance was prepared, repealing Ordinances 20 and 20A (1989), and establishing a new purchasing system in a different format. However, a comparison chart has been included, citing the differences between the two Ordinances. The proposed Ordinance has been reviewed by the City Council Finance Sub -Committee, and the Sub -Committee recommends approval to the City Council. FINANCIAL SUMMARY: There will be no fiscal impact through the adoption of this Ordinance. BACKGROUND/DISCUSSION: After incorporation, the City Council adopted Ordinance 20 (1989) the Ordinance set forth policy for the purchase of services, supplies and equipment. In June 1990, the City Council adopted Ordinance 20A (1989) which amended the original ordinance regarding formal bids and added local businesses preference and use of recycled materialstcopying. City Staff has been operating under the purchasing system that was established by Ordinance 20 and 20A. However, there were elements that were either not included in the original ordinance or required additional clarification. The expenditures limits that were established under Ordinance 20 and 20A (1989) have not been adjusted. After a survey of twenty-one cities, the current expenditures limits seem to be appropriate. They are: $1,000 or below - No bids required, City Manager authorization $1,000 to $10,000 - Informal bid process (three), City Manager authorization $10,000 and above - Formal bid process, City Council approval The new additions to the ordinance include the Cooperative Purchasing Program with the State, County or other governmental agencies and a section with purchasing definitions. All other changes were rewording and clarification with more detailed information or the placement of the information in the Ordinance. The City's purchasing ordinance was developed after reviewing those of several cities (Anaheim, Brea, Fullerton, Pomona, Walnut). Moreland and Associates have reviewed the draft purchasing ordinance and have recommended some minor revisions which have been included. The Finance Sub -Committee reviewed the document at the September 29th and October 13th Sub -Committee meetings. Attachments: Proposed Ordinance Comparison Matrix Spending Limit Survey Ordinance 20 & 20A (1989) ORDINANCE (1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20 (1989),20A (1989) A. Recitals (i) Ordinance 20 (1989) and Ordinance 20A (1989) are hereby repealed in their entirety. (ii) California Government Code Section 54202, et. seq., provides, in pertinent part, as follows: "Every local agency shall adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency. Purchases of supplies and equipment by the local agency shall be in accordance with said duly adopted policies and in accordance with all provisions of law governing same." B. Ordinance NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: ection 1. The Council finds and determines in all respects as set forth in Recitals, Part A herein. Section 2. The following provisions are hereby adopted as the Purchasing Ordinance of the City of Diamond Bar to read, in words and figures, as follows: PURCHASING ORDINANCE Sections: 3.24.010 Establishment of Purchasing System 3.24.020 Definitions 3.24.030 Centralized Purchasing Division 3.24.040 Purchasing Agent 3.24.050 Exemption from Centralized Purchasing 3.24.060 Requisitions 3.24.070 Use of Purchase Orders 3.24.080 Emergency Purchases 3.24.090 Encumbrance of Funds 3.24.100 Inspection and Testing 3.24.110 Purchases Without Bidding/Open Market 3.24.120 Informal Bid Procedures 3.24.130 Formal Bid Procedures 3.24.140 Sole Source Procurement 3.24.150 Cooperative Purchasing Programs 3.24.160 Local Preference 3.24.170 Use of Recycled Materials 3.24.180 Bidding for Public Works Projects 3.24.190 Contractual Authority 3.24.200 Surplus Personal Property Section 3.24.010 Establishment of a Purchasing ing System - In order to establish efficient procedures for the purchase of supplies, services, and equipment: to secure for the City supplies, services, and equipment at the lowest cost commensurate with quality needed and with due consideration to usability; to exercise positive financial control over purchases; to clearly define authority for the purchasing functions; to assure the quality of purchases; and to buy without favor of prejudice, a purchasing system is adopted and shall control the procedures for all purchases except as otherwise provided by law. Section 3.24.020 Definitions - As used in this ordinance, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: (a) Bidders List shall mean a current file of sources of supply of articles for each category of commodities repetitively purchased for City use. (b) City shall mean the City of Diamond Bar. (c) City Manager shall mean the chief executive officer of the City, appointed by the City Council. The City Manager, or his designee, has the exclusive authority for specific administrative responsibility for this ordinance. 2 (d) Contract shall mean an agreement, in writing, between two or more persons, with the requisite authority, which creates an obligation to do a particular thing. (e) Department and using department shall mean any of the departments, offices, or other organizational units of the City, and any special agency whose affairs and funds are under the supervision and control of the City Council and for which the City Council is ex -officio the governing body. (f) Local bidder shall mean a firm or individual who regularly maintains a place of business and transacts business in the City. (g) Non-responsive bidder shall mean a bidder or prospective bidder who fails to furnish a responsive bid. (h) Professional services shall mean the services of architects, attorneys, auditors, consultants, engineers, physicians, or other individuals or organizations possessing a high degree of professional, unique, specialized, technical skill or expertise, not adaptable to competitive bidding, or where the service involves a contract for special activities, negotiations and for the acquisition of land, trash services, insurance bonds or any other service of a similar nature to the above engaged for a particular project or series of projects. Contracts that are within formal bidding requirements must be approved by the City Manager and City Council prior to execution. (i) Purchases shall mean purchases of supplies, services, and equipment and personal property and shall include leases or rentals of such items as well as transactions by which the City acquires ownership. 0) Purchasing agent shall mean the official designated by the City Manager for enforcement and administration of this ordinance. (k) Responsive bid shall mean an offer, submitted by a bidder, to furnish supplies, materials, equipment, or contractual services in conformity with the specifications, delivery terms and conditions, and other requirements included in the invitation for bids. (1) Services shall mean any and all services, including but not limited to, equipment service contracts. Examples are: special lighting repair servibes, plumbing, and other such related repair or providing of such service, labor or repair. (m) Supplies, materials, and equipment shall mean any and all articles or things which shall be furnished to or used by any department. Section 3.24.030 Centralized Purchasing Division - There is created a purchasing division within the finance department of the City, in which is vested authority for the centralized purchase of supplies, services and equipment. Section 3.24.040 Purchasing Agent - There is created the position of purchasing agent. The purchasing agent shall be appointed by the City Manager to direct and manage the City's purchasing system. The duties of purchasing agent may be combined with those of any other office or position as specified by the City Manager. The purchasing agent shall have the authority to: 3 (a) Purchase or contract for supplies, services and equipment required by any using department in accordance with purchasing procedures prescribed by this ordinance; such administrative regulations as the purchasing officer shall recommend for the internal management and operation of the purchasing division; and such other rules and regulations as shall be prescribed by the City Council or City Manager. (b) Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment. (c) Act to procure for the City the needed quality and quantity of supplies, services and equipment. (d) Endeavor to obtain as full and open competition as possible on all purchases. (e) Prepare and recommend rules and regulations governing the purchase of supplies, services and equipment for the City. rices, market (f) Keep informed of current development in the field of purchasing, p conditions and new products. Recommend purchase of alternative products of a higher quality or lower cost. to the operation of this (g) Prescribe and maintain such forms as reasonably necessary pe ordinance and other rules and regulations. (h) Supervise the receipt and inspection of all supplies, services and equipment purchased to insure conformance with specifications. (i) Supervise the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. 0) Maintain appropriate records needed for the efficient operation of the purchasing division. (k) Encourage the standardization of similar equipment materials, and services used by the various City departments. (1) Maintain an approved bidder's list, bidders' catalog file and records needed for the efficient operation of the purchasing division. Section 3 24 050 Exemntion from Centralized Purchasing.-- The City Manager may, and where legally required to do so, shall authorize in writing or verbally, any department to purchase or contract for certain specified classes of supplies, services, or equipment independently of the purchasing agent; but such purchases or contracts shall be made in conformity with the applicable provisions of this ordinance. The City Manager may also rescind such authorization to purchase independently, by written or verbal notice to the department or departments concerned, unless otherwise prohibited by law. This ordinance does not apply to contracts to print legal briefs or legal notices, contracts for professional and other services or items which are in their nature unique and not subject to competition or other services for which by law another officer or body is specifically charged with obtaining. 4 Section 3.24.060 R a i ition - All departments shall submit requests to the purchasing agent or his designated representative(s) by standard requisition forms for the supplies, services, or equipment as required for their operations and purposes and within the limits of funds appropriated therefor. The purchasing agent will review each requisition and may question its propriety in view of budgetary and other concerns, and may require from the head of the requesting department a justification of the quantity or quality requisitioned. Requisitions shall not be required for purchases costing less than the Petty Cash maximum. Section 3.24.070 Use of Purchase Orders - Purchase of supplies, services and equipment shall be made by purchase order or City Council approved contract. Except in cases of emergency as defined herein, no officer or employee of the City shall request a supplier to deliver supplies, services and equipment to the City unless a purchase order is issued by the purchasing agent or his designated representative. Purchase orders shall not be required for purchases costing less than the Petty Cash maximum. Section 3.24.0 80 Emergency Purchases - The purchasing agent may authorize emergency purchases free of all provisions of this ordinance upon showing by any department or officer that the purchase required is for the immediate preservation of health, safety and welfare of the people, repair to existing City equipment which impacts ongoing City operations, or for the protection of property and that there is a present, immediate and existing emergency which could not reasonably be foreseen. A confirming Purchase Order must be completed, after the emergency. Section 3.24.090 Encumbrance of Funds _ Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. Section 3,24, 100 I Mpection and T _ The purchasing agent may inspect supplies and equipment delivered and contractual services performed, to determine their conformance with the specifications set forth in the order or contract. The purchasing agent shall have authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries which are necessary to determine compliance with specifications. Section 3.24 110 purchases without Biddirl n SLQ� Market _ Purchases of supplies, services, equipment and the sale of personal property shall be by bid procedures pursuant to this ordinance. Bidding shall not be required when one of the following conditions pertains: (a) The amount involved for purchases of supplies and equipment from a single vendor has a total estimated value of less than one thousand dollars within the fiscal year. (b) Contracts are for personal services, for professional and consultant services, and for other, non-public works projects. (c) An essential or critical need requires that an order be placed with the best available source of supply due to time constraints. (d) If, at the discretion of the purchasing agent, a distinct advantage is clearly in the City's best interest in regard to product uniformity, total cost of acquisition, and/or similar considerations. The City Manager or his designee must approve such purchases that exceed informal bid limits. Section 3 24 120 Informal Bid Procedures - Purchases of supplies, services and equipment of an estimated value in the amount of between one thousand and ten thousand dollars may be made by the City Manager in the open market pursuant to the procedure prescribed below. (a) Minimum number of bids. Purchases shall be based on at least three bids, and shall be awarded to the lowest responsible bidder, except as provided within this Ordinance. (b) Solicitation of bids. The purchasing agent may solicit and receive quotations by written request to prospective suppliers, or by telephone. (c) Response to Solicitation. If purchase cost is estimated to be five thousand dollars ($5,000) or less, verbal quotation responses may be accepted. If the purchase cost is estimated to be between five thousand and one dollars and ten thousand dollars ($5,001 to $10,000) written quotation responses should be obtained. (d) Record of quotations. The purchasing agent shall keep a record of all -open market procurement and quotations for a period of three years after audit of the fiscal year in which the purchase was made. This record, while so kept, shall be open to public inspections. Section 3,24,130 Formal Bid Procedures - Except as otherwise provided herein, purchases or supplies, services and equipment of an estimated value greater than ten thousand dollars, shall be by written bid with City Council approval prior to award to the lowest responsible bidder, pursuant to the procedure prescribed herein. (a) Notice inviting bids. Notices inviting bids shall include a general description of the supplies, service or equipment to be purchased, shall state where bid forms and specifications may be secured, and the time and place for opening bids. 1. Published notice. Notice inviting bids shall be published at least ten days before the date of the opening of the bids. Notice shall be published at least once in a newspaper of general circulation, published in the area of the City. 2. Bidders' list. The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list or who have requested their names to be added thereto. The purchasing agent shall take appropriate affirmative actions to notify and encourage City -located businesses to submit their respective firm's names, addresses, telephone numbers; and their products and/or services in which they transact business. (b) Bidder's security. When deemed necessary by the purchasing officer, bidders' security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided that a successful bidder shall forfeit his bid security upon refusal or 2 failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the City is responsible for the delay. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The City Council may reject all bids and re -advertise. (c) Bid opening procedure. Sealed bids shall be submitted to the City Clerk and shall be identified as "bids" on the envelope. The City Clerk, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening. (d) Rejection of bids. At its discretion, the City Council may reject any and all bids and re -advertise for bids. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize rejection of all bids and authorize re -bidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein. (e) Award of bids. Bids shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided herein. (f) Tie Bids. If two or more bids received are the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay of re-. advertising for bids, the City Council may accept the one it chooses or accept the lowest bid made by negotiation with tie bidders at the time of the bid opening. Section 3 24 140 Sole Source Procurement- In which situations that a procurement of any product is obtainable only from a single or sole source, and not adaptable to competitive bidding, the purchasing agent, upon approval of the City Manager, shall negotiate with the purveyor of such equipment, product supply or service, so that the City receives the desired supplies, service, equipment or product, on fair and equitable terms, without observing the purchasing ordinance. Section 3 24 150 Cooperative Parc asina Progams - Purchases of supplies, services and equipment made under a cooperative purchasing program, utilizing purchasing agreements maintained by the state, county, or other public agencies, are exempted from the requirements of this Ordinance. California Public Contract Code Section 10324 authorizes the Department of General Services to make purchases of supplies, equipment or materials on behalf of cities in those instances when the purchases can be made by the Department of General Services upon the same terms, conditions and specifications, at a purchase price lower than that which the City can obtain through its normal purchasing procedures. In those instances where it is determined that purchasing through the State, the county, or other governmental agencies will result in savings to the City, the City is authorized to make such purchases. 7 Section 3,24 - In order to promote the economic health of the City and to encourage local participation in the procurement process, the City, in determining, the lowest responsible bidder, may take into consideration the sales tax (one percent) which would be returned to the City. Section 3 24 170 Use of Recycled Materials - The City encourages the use of recycled paper and materials in response to all bids for supplies and services. Wherever possible, preference will be given to those vendors of, supplies and services to the City who utilize recycled materials, including recycled paper products. Section 3 24 180 Biddin^ for p„hlic works Proiects - Public works projects, as defined in the California Public Contract Code Section 20161 or subsequent amendments thereof, shall be bid, advertised and awarded in accordance with applicable sections of the California Public Contract Code. Section 3,24,190 Contractual Authority - The City Manager is authorized to enter into contracts where the amount of the contract does not exceed ten thousand dollars with any single vendor within a fiscal year; provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged. Contracts over ten thousand dollars must be approved by the City Council. In the case of Professional Services, where there does not exist an specific appropriation in the fund account against which said expense is to be charged, the City Manager's expense authorization shall not exceed five thousand dollars ($5,000). Section 3 24 200 Surplus Personal Property__ The City Manager is authorized to determine whether any item of City -owned personal property is surplus to the present or future needs of the City. He may designate the purchasing agent to fulfill this function. The City Manager may require periodic reports showing all City personal property which is no longer used or has become obsolete. (a) Items declared to be surplus shall be offered for sale on a competitive -bid basis. Bids may be solicited by written requests, telephone, public notice posted on City property, by advertisements in any newspaper or magazine, or by any combination of such methods. (b) The City Manager or his designee is authorized to sell to the highest bidder. Sale of any item or items with an estimated value in excess one thousand dollars shall be sold to the highest bidder, in accordance with the formal bid procedures, or any other means provided herein, with the approval of the City Manager. (c) When, after a reasonable effort has been made to obtain bids, no bids have been obtained for any item of City -owned personal property declared to be surplus, the City Manager or his designee is authorized to dispose of such items for the highest scrap value that can be obtained therefore, and if a reasonable effort to do so brings no opportunity to sell the same for scrap, he may cause its destruction or any other disposition thereof. 8 (d) The purchasing agent shall have authority to exchange for or trade in, on new supplies and equipment, all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. Section L The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this day of , 1994. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1994 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar E COMPARISON OF THE PROPOSED PURCHASING ORDINANCE WITH PURCHASE ORDINANCE 20 and 20A (1989) ISSUE PROPOSED ORDINANCE ORDINANCE 20 AND 20A (1989) Adoption of Purchasing Sec. 3.24.010 Establishment Sec 2- Did not include System of System, addresses services, only services, reorders elements of supplies/equipment. ordinance. Definitions Sec 3.24.020 lists 13 Not included. definitions used in purchasing. Purchasing Agent Sec. 3.24.040 Creates a Sec. 5 Creates a Purchasing Purchasing Agent, lists 12 Agent, lists 11 duties, duties. 2 new additions, including revisions to record keeping, standard- regulations. ization of equipment. Exemptions from Centralized Sec. 3.24.050 Authority for Section 7 - CM may Purchasing Dept, with CM approval, to authorize dept. to purchase purchase supplies w/o items w/o purchasing agent. Purchase Agent. Also legal briefs/notices not included in Purchasing requirements. Sec 9 - Submit requests for Requisitions Sec 3.24.060 - submit requests for supplies on form. supplies on forms. Provides for Purchasing Agent being able to request justification for purchase. Requisitions nor required for purchases under Petty Cash maximum. Sec 10 -Purchase of supplies Purchase Orders Sec 3.24.070 - Purchase of supplies or equipment shall or equipment shall be by., be by P.O.'s. P.O.'s not P.O.s required for purchases under Petty Cash maximum. Emergency Purchases Sec 3.24.080 Emergency . Sec. 30 - Exceptions to Purchases may be made Competitive Bidding without following the ordinance requirement. Conforming P.O.'s shall be issued. Encumbrance of Funds Sec 3.24.090 Except for Sec 11 - Except for emergencies, unencumbered emergencies, unencumbered budget required prior to budget required prior to issue of P.O.'s issue of P.O.'s Purchases without Sec 3.24.110 - $1,000 or less Sec 26, 30 - Open Market and Bidding/Open Market can purchase w/o bidding. Informal Bids are combined, Contracts for supplies, $10,000 limit for CM services, equipment, approval for professional personal, prof. or consultant services, service, supplies, service do not require and equipment. For purchases bidding. Can use open below $1,000 no bids market when critical need required. arises, or Purchasing Agent determines its the City's best interest. Same as former Ordinance. Informal Bid Procedures Sec 3.24.120 - Purchases Sec 26, 27, 28, 29 -Purchases between $1,000 - $5,000, between $1,000 and $10,000, need 3 verbal or written bids, 3 bids, written or verbal, and purchases between $5,001 - keep records. $10,000 need 3 written bids., Formal Bid Procedures Sec 3.24.130 - Formal bid Sec 14, 15, 16, 17, 18, 19, 20, procedures shall apply to bids 21, 22,23, 24 (a) and (b), 25 - in excess of $10,000. Includes use of recycled material in this section (20A (1989) Sole Source Procurement Sec 3.24.140 Under certain Sec. 30 - Exceptions to circumstances gives authority Competitive Bidding to purchase from sole source w/o 3 bids. Cooperative Purchasing Sec 3.24.150 - Allows for Not listed. Program cooperative purchasing with State, County or another governmental agency. Local Preference Sec 3.24.160 - Gives 1% Sec 24(A) -Gives I% preference to local preference to local businesses. businesses. Use of Recycled Materials Sec 3.24.170 Encourages use Sec 24(B) Encourages use of of recycled materials, recycled paper and copying whenever possible. Does not materials "front to back". include copying material front to back. Surplus Personal Property Sec 3.24.190 Authorizes CM Sec 32, 33, 34 Determines to determine surplus property surplus, trade-ins and sale. and specifies means of disposal. Contractual Authority Maintains $10,000 City Listed in Section 30 Manager authority for contracts. Regulations Regarding Policies and procedures are Sec 31 Authorized City Selection of Contract provided by this Ordinance Council to adopt policy and Services procedures for solicitation, selection and award of proposals. PURCHASING ORDINANCE Spending Limits CITY City Managers Authority Informal Bid Amount Formal Bid Comments Anaheim $20,000 $5,000 to $20,000 $20,000 Brea $50,000 $1,500 to $10,000 $10,000 Bradbury $1,000 $1,000 $5,000 Chino Hills $10,000 $1,000 to $10,000 $10,000 Would like to increase Claremont $20,000 $1,000 $5,000 I Covina $7,500 $7,500 $7,500 Dana Point $5,000 $1,000 to $10,000 $10,000 I I Industry $35,000 $1,000 $10,000 La Canada Flintridge $5,000 $5,000 $5,000 La Quinta if sWiftally budgeted, no limit $1,000 - $5,000 $5,000 if budgeted item, CM can sign Laguna Niguel $10,000 $500 410,0 $10,000 Lake Forest $10,000 $10,000 $10,000 Lakewood $10,000 $1,000 - $9,99 $10,000 Workingon increasing limits I Mission Viejo $10,000 $1,000 - $10,00 $10,000 Pomona $10,000 $10,000 $10,000 i Rancho Cucamonga $20,000 $1,000 - $20,000 $20,000 Rancho Palos Verdes $5,000 $5,000 $5,000 Rolling Hills $10,000 $1,000 - $10,00 $10,000 San Dimas $10,000 $5,000 $10,000 Walnut $5,000 to $25,00 $300 - $15,000 $15,000 Upto $5,000 for Supplies Up to $25,000 for Prof. Sv Yorba Linda $5,000 $5,000 No max. to go to Council JAVERAGEIMEAN 1 113,34"- 114,390 S9.6431 ... O....... - 11MODE $10.0001[ $1,000 Diamond Bar $10,0001 91-000tosl"',, M ORDINANCE NO. 20 (1989) AN ORDINANCE OF THE CITY COUNCIL 0! THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM. The City Council of the City of Diamond Bar does ordain as follows: Section y. Chapter 2.104 of Title 2 of the Los Angeles County Code, as heretofore adopted by the City Council of the City of Diamond Bar, hereby is repealed. section S. Adore ion 41 purchasing System. In order to establish efficient procedures for the purchase of supplies and equipment at the lowest possible cost commensurate with quality needs, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is adopted. sec= S. sc_ 41 ordinance. The procedures established by this Ordinance shall apply only to the purchase of supplies, equipment and services, and shall not apply to public projects as defined in Section 20161 of the California Public Contracts Code. Section S. Centralized Purchasing Division. There is created a centralized purchasing division in which is vested authority for the purchase of supplies and equipment. section Purchasing &g=. There is.ereated the position of purchasing agent, who may also be known as the purchasing officer. The purchasing agent shall be the head and have general supervision of the purchasing division. The duties of purchasing agent may be combined with those of any other office or position as specified by the City Manager. The purchasing agent shall have the authority to: (a) Purchase or contract for supplies and equipment required by any usinq agency in accordance with purchasing procedures prescribed by this Ordinance, such administrative regulations as the purchasing agent shall adopt for the internal management and operation of the purchasing division and such other rules and regulations as shall be prescribed by the City Council or the City Manager; (b) Negotiate and recommend execution of contracts for the purchase of supplies and equipment; 1 (c) Act or procure for the City the needed quality in supplies and equipment at least expense to the City; (d) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases; (e) Prepare and recommend to the City Council rules governing the purchase of supplies and equipment for the City; (f) Prepare and recommend revisions and amendments to the purchasing rules; (g) Keep informed of current developments in the field of purchasing, prices, market conditions and new products; (h) Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations; (i) Supervise the inspection of all supplies and equipment purchased to insure, conformance with specifications; (j) Recommend the transfer of surplus or unused supplies and equipment 'hoatween departments as needed; (k) Maintain an approved vendors list, vendors' catalog file and records needed for the efficient operation of the purchasing division. Section ¢. Purchasing Raculations� The purchasing - agent shall be responsible for datermininq that the regulations and procedures in Sections 7 through 13 are carried out. Section Z. Il=tions Qj Cantrali:ad pure_ hasin_Q. The City Manager may authorize, in writinq, any department to purchase specified supplies and equipment independent of the purchasing agent; provided, however, that the City Manager shall require that such purchases be made in conformity with the procedures established by this Ordinance and shall further require periodic reports from the department on the purchases made under such written authorization. Section !. Rstimates 91 RaQnirements. All using departments shall file detailed estimates of their requirements in supplies and equipment in such manner, at such time, and for such future periods as the purchasing agent shall prescribe. 11 Section I. ReauisitionA. Using departments shall submit requests for supplies and equipment to the purchasing agent by standard requisition form, or by other means as may be established by the purchasing rules and regulations. SectioPurchase QXAM. purchase of supplies and equipment shall be made only by purchase orders. Except as. otherwise provided herein, no purchase order shall be issued unless the prior approval of the purchasing agent or his designated representative has been obtained. se_ U- ARSHO NM Qt ZMLU. Except in cases of emergency, the purchasinq agent shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. section lj. Insoeation sA Z2214IIQ• The purchasinq agent shall, in his or her discretion, inspect supplies and equipment delivered to determine their conformance with the specifications not forth in the order. The purchasinq agent shall have authority to require chemical and physical tests of samples'submitted with bids and samples of deliveries.which are necessary to determine their quality and conformance with specifications. equipment B&ctiiQn�b� BJAfiAM, Purchases of supplies and shall be y bid procedures pursuant to Section 14 through 29. Biddinq may be dispensed with only under conditions stated in Section 30. Section J!• ZQaaI rse�e.& preasdnres. Except as otherwise provide4 herein, purchases of supplies and equipment of an estimated value greater than Ten Thousand Dollars ($10,000.00) shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure hereinafter prescribed. n M- X21ics IaYitiAZ Z2XML ai". Notices inviting formal bids shall include a general description of the article or service desired, shall state where bid documents and specifications may be secured, and the time and place for opening bids. Section J&. published Notice f= L4UOMI RUA. Notices inviting formal bids shall be published at least ten days prior to the date of openinq of the bids. Notices shall be published at least once for non-public projects and at least twice, not less than five days apart for public projects, in a newspaper reqularly circulated in the City. Section U. AQproved vendors List. The purchasing agent shall also solicit formal sealed bids from responsible suppliers whose names are on the approved vendors list, or who have made written request that their names be added thereto. Section I&. Bulletin Hoard Notice. The purchasing agent shall advertise the pending formal purchases by posting a notice on the public bulletin board at the City offices. Section 11. Bidder11 Security. Where deemed necessary by the purchasing agent, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in.a sum equal to ten percent of the total aggregate of the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to the return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon his or her refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the City is solely responsible for the delay in executing the contract. The City Council may, on refusal or failure of the successful bidder to'execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise. Section jU. other zam al AU geQnireaents. A faithful performance bond and labor and material bond shall be required for all public projects, unless waived by the City Council, in an Amount reasonably necessary to protect the best interests of the City. In addition, the City Council shall have authority to require a faithful performance bond or other bonds before entering into a contrs:t other than a pudic project contract. If bonds are required, the fors and amount thereof shall be designated in the notice inviting bids. Section 11. Z Za" RU gVAMd= preeednre. Sealed bids shall be submitted to the purchasing agent and shall be identified as "bids" on the envelope. The purchasing officer, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the purchasing office during regular business hours for a period of not less than thirty (30) calendar days.after the bid openinq. Section 220 Rejection 41 Z EMI ALM. In its discretion, the City Council may reject any and all bids presented and may cause readvertisinq for bids pursuant to the procedure hereinabove prescribed. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize 4 Section 3i• AQpr= vendors List. The purchasing agent shall also solicit formal sealed bids from responsible suppliers whose names are on the approved vendors list, or who have made written request that their names be added thereto. Section J&. Bulletin Board Notice. The purchasing agent shall advertise the pending formal purchases by posting a notice on the public bulletin board at the City offices. Section j&. Bidderls Security. Where deemed necessary by the purchasing agent, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to ten percent of the total aggregate of the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to the return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon his or her refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the City is solely responsible for the delay in executinq the contract. The City Council may, on refusal or failure of the successful bidder to'execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise. Section 21. Other ZgER1 AUS Aeanireaents. A faithful performance bond and labor and material bond shall be required for all public projects, unless waived by the City Council, in an amount reasonably necessary to protect the best interests of the city. In addition, the City Council stall have authority to require a faithful performance bond or other bonds before entering into a contrast other than a public project contract. If bonds are required, the form and amdiint thereof shall be designated in the notice invitinq bids. section Z2=" MA precedare. Sealed bids shall be submitted to the purchasing agent and shall be identified as "bids" on the envelope. The purchasinq officer, or designee, shall publicly open all bids at the time.and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the purchasing office during regular business hours for a period of not less than thirty ( 30) calendar days. after the bid openinq. section 22• Rejection 41 L2XMJ lift* In its discretion, the City Council may reject any and all bids presented and may cause readvertisinq,for bids pursuant to the procedure hereinabove prescribed. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize 4 rejection of all bids and authorize rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein. ,Section Z1. Award gi lcMLil Bl". Except as otherwise provided herein, formal bid contracts shall be otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest responsible bidder. The determination of "lowest responsible bidder" shall be at the discretion of the City Council pursuant to findings and recommendations presented by the purchasing agent at the time of award of contract. seetian L1. T" tQma 2"&. If two or more formal bids received are for the same total amount or unit price, quality and service beinq equal, and if the public interest will not permit the delay of readvertisinq for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract. section U. NQ LQX1L&1 alfte when no formal bids or no responsive bids are received, the purchasinq officer is authorized to negotiate for written proposals, and his*or her recommendation shall be -presented to the City Kanager_and the award, if any, shall be made in accordance with applicable provisions prescribed herein. Section 11. gan ]'iUX" 92 I&CMsil A" procedure. 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 aqent in the open market pursuant to the procedure prescribed in section 27 throuq 29 and without observinq the procedure prescribed in segtions 14 through 2s; provided, however, all bidding may be dispensed with for purchases of supplies and equipment havinq a total estimated value of less than One Thousand Dollars ($1,000.00). $limon 2Z• JJAJjM JMRh = 21 JR12CUL li - open market purchases shall, wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantageous bid to the City after consideration of price, quality, durability, servicinq, delivery time, standardization, and other factors. Section Zl. Notice Zav_itin_g 1R19si1 A"a. The purchasing agent shall solicit informal bids by written requests to prospective vendors, or by telephon*, or by public, notice posted on a public bulletin board at the City offices - 5 Section 21. Record 41 informal Bids. The purchasing agent shall keep a written record of all open market purchases and informal bids for a period of two years. This record, while so kept, shall be open to public inspection. ,section U. Excentions tQ cgnotitiva Bidding Requirement. Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following instances: (a) when the estimated amount involved is less than One Thousand Dollars ($1,000.00).; (b) when the commodity can be obtained from only one vendor; (c) The City Manager may authorize the purchase of materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. All emergency purchases which would otherwise require formal bidding procedures made pursuant to this Section shall be submitted to the City Council for ratification at the next regular Council meeting aftir the purchase is authorized; (d) Contracts for personal services, for professional and consultant services, and for other, non-public projects and contractual services may be executed without observing the bidding procedures provided herein. The City Manager is authorized to enter into such contracts where the amount of the contract does not exceed Ten Thousand Dollars ($10,000.00); provided there exists an uneneusberod appropriation in the fund account against which said expense is,tc be charged. where the amount of the contract exceeds Ten Thousand Dollars ($10,000.00) the contract shall be approved by the City Council; (e) Any agreement involving acquisition of supplies, equipment_ or service entered into with another governmental entity. section AlUlations Regarding selection 21 Contract Services. The City Council shall, be resolution, prescribe procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of personal services or professional or consulting services or for other contractual services, the contracts for which may be awarded without observing the bidding procedures provided for in this Ordinance. Such procedures, rules and Cj regulations shall have as one purpose the obtaining of contractual services of the highest quality together with cost- effectiveness. section 'U. syr2jyt suomlies MQ Eeruinsent. All using departments shall submit to the purchasing agent, at such times and in such forms as he or she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete and worn out. section U. &MEMIyi sUR ies Trade-ins. The purchasinq-agent shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. Section U. &UMLLu sun. I&i=• The purchasing agent'shall have authority, subject to approval of the City Manager, to dispose of surplus supplies or equipment by auction or by sale or otherwise after receiving bids or proposals which, in his or her judgment, provide the maximus return to the City. $action. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places as required by Resolution No. 89-6. 1989. ADOPTED AND APPROVED this 13t day of August 044 1. mayor T I, LINDA BURGESS, City Clerk of the City of Diamond Har, do he certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond ear held on the l day of J� , 1989, and was finally passed at a r ar meetingof the CIFY- Council of the City of Diamond Bar held on the 1st day of August , 1989, by the following vote•: 7 ORDINANCE NO. 20A (1989) AN ORDINANCE OF TRE CITY COUNCIL OF TIE CITY OF DIAMOND DAR AU=NDINQ SECTIONS 23 AND 24 AND ADDING NEW SECTIONS 24A AND .24E TO ORDINANCE NO. 20 (1909) PERTAINING TO COKVZTITI4E BIDS FROM RESIDENT BUSINE88E8 AND RECYCLABLE MATERIALS. The City Council of -the City of Diamond Bar does ordain as follows: Section JL. Sections 23 and 24 of Ordinance No. 20 (1989) hereby are amended to road, in words and figures, as follows: "Section 11. Award 21 XQXW$t". Except as otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest responsible bidder. The determination of "lowest responsible bidder" she be at the discretion of the City Council pursuant to findings and recommendations presented by the purchasing agent at the time and award of contract." ",section js• V! X22=1 ALM. Subject to the provisions of Section 24.A hereinafter, if two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertisinq for bids, the City Council may in its discretion accept the one it chooses or -accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid openiiiq or award of contract." 9eetia IL. Sections 24A and 248 hereby are added to Ordinance No. 20 (1989), to read, in words and figures, as follows: "section 2.Q. preference JLQ Businesses Located J! Sj%_. In determining the lowest responsible bidder for furnishing materials, equipment or supplies pursuant to a notice inviting bids, the City Manager shall award the contract to the lowest responsible bidder maintaining a place of business within the City limits if such bid is not more than one percent (1t) in excess of the bid filed by the lowest responsible bidder who does not maintain a place of business within the City limits. 1 If the award is based upon the one erce t preference, the contract shall specify that the same was entered into with a bidder maintaining a place of business within the corporate limits of the City of Diamond Bar. This Section shall not be applicable unless payment is to be made solely from funds and revenues of the City of Diamond Bar." -4 "Section 2AR. Recycled materials/copying. "The City of Diamond Bar encourages the use of recycled paper and materials in response to.all bids for services and supplies to the City. Wherever possible, preference will be given to those vendors, suppliers and consultants providing supplies and services to the City who utilized recycled matsials, including recycled paper products. In addition, documents submitted for City use shall be presented with "front to back" copyinq'in order to minimize the amount of file space necessary for the maintenance of such documents as well as to reduce the amount of paper required in the provision of governmental servtiices.'• StctiOn 2• The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places as required by Resolution No. 89-6. 1990. ADOPTED AND APPROVED this 2= day of June s yor I, LYNDA. BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar hold on the _.l.Zth day ofJup��, 1990, and was finally passed at a regular meeting of the C ti y Council of the City of Diamond Sar held an the _.6L day o! .lune , I990, by the following vote: 1t� 2 AYES: COUNCIL MEMBERS: Papen, Kim, Horcher, Pro Tem Forbinq and Mayor NOES: COUNCIL MEMBERS: None Mayor Werner ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS:-. None —wATTEST : , 1-y L L ZL%L.-' Ey'NDkl Burgass: C ty Clerk City Of Diamond Bar s%lou%oulos 4.3 3 INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager q RE: Request For Proposals - Annual Independent Financial Audit Service and Quarterly Compliance Audits, For Fiscal Years 1994-95, 1995-96 and 1996-97 DATE: October 18, 1994 ISSUE: Shall the City solicit proposals for annual independent financial audit services and quarterly procurement and cash disbursement compliance audits, for Fisacal Years 1994-95, 1995-96 and 1996-97; through a Request For Proposal process. RECOMMENDATION: It is recommmended that the City Council of the City of Diamond Bar solicit proposals, through a Request For Proposal process, for annual independent financial audit service and quarterly procurement and cash disbursement audits, for Fiscal Years 1994-95, 1995-96 and 1996-97. DISCUSSION: The firm of Thomas, Bigbie and Smith, and it's predecessor firm Thomas, Byrne & Smith, has provided annual independent financial audits for the five full fiscal years, since the City of Diamond Bar incorporated (FY 1989-90 through FY 1993-94). As is the practice in many California municipalities, the changing of auditing firms every three to five years is undertaken as way to assure continuing independence, regarding the auditing of a municipality's financial systems. While the City's current auditing firm has provided quality service, it is appropriate for the City to commence the process of solicitation of qualified firms to propose for a three year engagement, with two optional years at the City's election, for annual independent financial audit services and quarterly compliance audits. The quarterly compliance audits would be of procurement and cash disbursement policies, procedures and practices, in order to monitor the City's procurement and cash disbursement systems, as well as, all revisions and improvements thereto. October 18, 1994 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 • FAX 909-861-3117 REQUEST FOR PROPOSAL FOR ANNUAL INDEPENDENT AUDIT SERVICE AND QUARTERLY COMPLIANCE AUDITS FOR FISCAL YEARS 1994 - 1995 THROUGH 1996 -1997 The City of Diamond Bar invites proposals from qualified firms of certified public accountants to perform its Annual Independent Audit for the fiscal years ending June 30, 1994 through June 30, 1996 with the option to extend the engagement for a fourth and fifth year and quarterly compliance audits of procurement and cash disbursements. Detailed specifications explaining the scope of work are attached for your information. Ten (10) copies of the proposal must be submitted to the City Clerk, City of Diamond Bar, 21660 E. Copley Dr. Ste. 100, Diamond Bar, CA 91765, no later than 5:00 PM, Friday, November 18, 1994. Fee information should be enclosed in a separate envelope. LATE PROPOSALS WILL NOT BE ACCEPTED Each proposal shall specify completely each and every item as set forth in these specifications. Any and all exceptions to the original specifications must be clearly stated in the proposal and the failure to set forth any exception shall be grounds for rejection of the proposal. The City of Diamond Bar reserves the right to reject any and all proposals and to waive any informalities in any proposal and select the proposal that best meets the City's needs. Sincerely, Terrence L. Belanger City Manager Gary H. Wemer Clair W. Harmony Eileen R. Ansari Gary G. Miller Phyllis E. Papen Mayor Mayor Pro Tem Councilmember Councilmember Councilmember RECYCLED PAPER CITY OF DIAMOND BAR REQUEST FOR PROPOSAL FOR AUDIT SERVICES AND QUARTERLY COMPLIANCE REVIEWS A. INTRODUCTION The City of Diamond Bar is requesting proposals from qualified firms of certified public accountants for audit services for the fiscal years ending June 30, 1994 through June 30, 1996, with the option of extending the engagement for an additional two years and quarterly compliance audits of procurement and cash disbursements. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office's (GAO) Government AuditingStandards (1988), the provisions of the federal Single Audit Act of 1984 and the U.S. Office of Management and Budget (OMB) Circular A-128, Auditsf State and Local Governments. Proposals will be accepted from parties that: 1. Are free of all obligations and interests that might conflict with the best interest of the City of Diamond Bar. 2. Have the capacity to provide the services on a timely basis. The audit engagement must be completed and opinion issued by no later than November 1. 1995 and each year thereafter for each year renewed. The City of Diamond Bar will not be liable for any costs incurred in preparing proposals or associated travel costs. The proposer shall furnish the City with such additional information as the City may reasonably require. The City reserves the right to conduct pre -contract negotiations with any or all potential proposers. The proposals will be analyzed by City staff. The contract will be awarded by the City Council. The contract will begin upon award. B. SCOPE OF AUDIT The City of Diamond Bar desires the auditor to express an opinion on the fair presentation of its combining and individual fund and account group financial statements and schedules in conformity with generally accepted accounting principles. The audit will include all the funds of the City and related fixed asset and general long- term debt account groups. The City of Diamond Bar does not currently participate in the CSMFO and GFOA Financial Reporting Award programs, but is anticipating doing so in the future. At such time, the auditor shall assist in finalizing the City's CAFR by conducting a review of all schedules, notes, etc. and shall include an opinion in that report regarding the City's financial statements and supplemental financial schedules. The audit opinion must cover the Combined Statements - Overview and must state acceptance of at least "in relation to" supplementary data responsibility for the combining and individual fund statements. The City of Diamond Bar also complies with the OMB (Office of Management and Budget) Circular A-128, Audit of State of Local GOVernments, which requires an audit be made by an independent auditor in accordance with generally accepted government auditing standards covering financial and compliance audits. The audit must cover the entire operations of the City and must determine whether: (1) the financial statements present fairly its financial operations in accordance with GAAP, (2) the organization has internal accounting and other control systems to provide reasonable assurance that it is managing Federal financial assistance programs in compliance with applicable laws and regulations and (3) the organization has complied with laws and regulations that may have material effect on its financial statements and on each major Federal Assistance program. To satisfy this requirement, a supplemental report shall be prepared to include a statement that the audit was made in accordance with the provision of Circular A-128 and will be made up of: (1) the auditor's report on financial statements and on a schedule of Federal assistance, the financial statements and a schedule of Federal assistance showing the total expenditure for each Federal assistance program as identified in the Catalog of Federal Dom _stffic Assistance, (2) the auditor's report on the study and evaluation of internal control systems and (3) the auditor's report on compliance. This report shall be completed no later than December 1, 1995 and each year thereafter for each year renewed. The proposal shall include the review of internal control and compliance to existing procedures. Because of time constraints, these reviews can be completed over the term of the contract. Quoted fees should be inclusive of these reviews and be included within section 7a under Audit field. These projects are to be scheduled so that they are completed over the term of the contract. The proposal shall include the cost of reviewing and preparing quarterly compliance reports concerning the City's procurement and cash disbursements. The audit should include the reveiw of procurement policies and procedures and the City's compliance with the stated policies. 4 Management is not aware of any unusual circumstances warranting an extended scope beyond that called for above. However, if in due course of the examination, evidence of such circumstances appear, you shall agree to provide the City with all ascertainable facts relative to such circumstances together with an estimate of additional services required and the additional cost thereof in order that proper contract modifications may be completed before you commence with such extended examination. C. AUDITING STANDARDS The examination shall be made in accordance with generally accepted auditing standards as adopted by the membership of the AICPA (American Institute of Certified Public Accountants) and with the Single Audit Act of 1984, in accordance with O.M.B. Circular A-128. D. INTERNAL AUDIT The accounting staff is the minimum required to maintain routine accounting duties during this extremely busy time of year but will be made available to assist in pulling accounts payable vouchers, paid checks, etc. The auditors will coordinate their services with the Accounting Manager and will endeavor to accomplish the audit on a phased basis throughout the year to reduce the year-end work load on the City's staff. E. DELIVERABLES The independent auditing firm shall type and have printed twenty (20)copies of the final financial statements to the City of Diamond Bar on or before November 1 of each year. F. INFORMATION REQUESTED FROM THE PROPOSER To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized in the manner specified below: Title Page Show the RFP subject, the name of the proposer firm, local address, telephone number, name of contact person and date. 2. Table of Contents Clearly identify the material by section and page number. 3. Letter of Transmittal (limit of one or two pages) a. Briefly state the proposer's understanding of the work to be done and make a positive commitment to perform the work within the time period. K, b. Give the names of the persons who will be authorized to make representations for the proposer, their titles, addresses and telephone numbers. 4. Profiles of the Proposer a. State whether the firm is national or international b. Give the location of the office from which the work is to be done and the number of partners, managers, supervisors, seniors and other professional staff employed at the office. C. Describe the range of activities performed by the local office such as: audit, accounting, tax service or management services. d. Describe the local office's computer capability. e. Describe the firm's participation in the "peer review" program. Provide the date and extent of the local office's last participation. 5. Summary of Proposer's Qualifications (in addition to minimum qualifications). a. Identify the partners, seniors, managers and supervisors who will work on the audit, including staff from other than the local office. Include the resumes for each supervisory person to be assigned to the audit. The resumes may be included as an appendix. b. Describe recent auditing experience similar to the type of audit requested. Specifically, address experience related to the audit of: Municipalities complying with OMB Circular A-128. 2. Federal and State Grant programs. 3. Describe the engagement team experience and capabilities to assist government bond reporting requirements. 4. Describe the professional activities of your firm or of the staff members who support your commitment to governmental accounting. 5. Describe any regulatory action taken against your firm or local office. n 6. Give names, addresses and telephone numbers of five current and former municipal audit clients served by your local office within the past five years. Include the type of services performed, dates and length of service for each. 6. SCOPE SECTION a. Clearly describe the scope of the required services to be provided. In addition to services included for the examination, specific reference must be made to the requirements of OMB Circular A-128. b. The auditors shall familiarize themselves with and comply with the provision of any and all federal, state and county orders, statutes, ordinances, charters, bond covenants, administrative code and orders, rules and regulations that pertain to the work required in the engagement. 7. AUDIT FEES The City requests that a statement of maximum cost be made for the annual audit as set for the audit scope. All other expenses, including typing, clerical and printing costs, should be included in the total audit fee. Unusually high or low fees may affect ratings. The proposal must be on a fixed fee basis inclusive of all expenses and allocated as follows: 94-95 95-96 96-97 a. City of Diamond Bar b. Single Audit C. Quarterly Review Percent Modification for Fourth Year, if Extended Percent Modification for Fifth Year, if Extended Include a schedule of hourly charges for principals and staff to be used as a basis for audit costs that are extra ordinary to the scope of the proposal. The audit fee schedule must be submitted in a seperate envelope. F. EVALUATION OF PROPOSALS Proposals will be evaluated by the Audit Proposal Committee to ascertain which proposer best meets the need of the City. Factors to be considered are: The proposal's responsiveness in clearly stating the understanding of the work to be performed. 2. The firms' technical support_ 3. The audit team's experience and professional activities and independence. 4. The firm's size and structure. 5. The anticipated support requirements of City staff showing personnel class and hours expected. 6. Although a significant factor, the audit fee may not be the dominant factor. Cost will be a particularly important factor when all other evaluating criteria are relatively equal. All proposals will be evaluated by first using the criteria of factors 1 through 5. After the top candidates have been selected using this criteria, a final decision will be made based upon the audit fee proposals. Oral interviews may be arranged anytime during the selection process to assist in making the final decision. The City reserves the right to select a firm on any combination of price, experience in auditing governmental agencies, references and other features that are deemed to be in the best interests of the City. All factors will be considered in the selection process. G. ADDITIONAL INFORMATION AND CONTACT The submission of a proposal shall be prima face evidence that the proposer has full knowledge of the scope, nature, quantity and quality of work to be performed. 2. The City will not be liable for any costs not included in the proposal and subsequent contracted -for costs. L 3. The City reserves the right to conduct personal interviews of any or all proposers prior to selection. 4. The City reserve the right to reject any and all proposals, the right in its sole discretion to accept the proposal it considers most favorable to the City's interest and the right to waive minor irregularities in the procedures. 5. The contracting firm shall make itself available to the City Council and management to answer questions related to audit findings. 6. Compensation for the conduct of audit service will be paid upon submission of progress billings and of a final billing, along with the required reports. 7. The successful proposer will be required to sign the standard City Professional Services Agreement, including meeting the City's minimum insurance requirements_ 8. City staff requests that, once proposals have been submitted, no unsolicited contact and/or discussions concerning these proposals be made prior to the evaluation of all proposals. 10. The total audit staffing should be at a level sufficient to complete the audit in the time scheduled and specified in the RFP. In addition, the audit staff should remain constant through each year's audit process. At least one staff member from the prior year's audit is to be a member of the subsequent year's audit team. The contact person for additional information and requests will be: Linda Magnuson Accounting Manager City of Diamond Bar 21660 E. Copley Dr., Ste 100 Diamond Bar, CA 91765 (909) 396-5685 Only proposals received in the City of Diamond Bar, 21660 E. Copley Drive, Ste 100, Diamond Bar, CA 91765 by 5:00 p.m. bid opening date will be considered. VA November 16, 1994 21660 EAST COPLEY DRIVE - SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 - FAX 909-861-3117 REQUEST FOR PROPOSAL FOR ANNUAL INDEPENDENT AUDIT SERVICE AND QUARTERLY COMPLIANCE AUDITS FOR FISCAL YEARS 1994 -1995 THROUGH 1996 -1997 The City of Diamond Bar invites proposals from qualified firms of certified public accountants to perform its Annual Independent Audit for the fiscal years ending June 30, 1994 through June 30, 1996 with the option to extend the engagement for a fourth and fifth year and quarterly compliance audits of procurement and cash disbursements. Detailed specifications explaining the scope of work are attached for your information. Ten (10) copies of the proposal must be submitted to the City Clerk, City of Diamond Bar, 21660 E. Copley Dr. Ste. 100, Diamond Bar, CA 91765, no later than 5:00 PM, Monday, December 19, 1994. Fee information should be enclosed in a separate envelope. LATE PROPOSALS WILL NOT BE ACCEPTED Each proposal shall specify completely each and every item as set forth in these specifications. Any and all exceptions to the original specifications must be clearly stated in the proposal and the failure to set forth any exception shall be grounds for rejection of the proposal. The City of Diamond Bar reserves the right to reject any and all proposals and to waive any informalities in any proposal and select the proposal that best meets the City's needs. Sincerely, Terrence L. Belanger City Manager Gary H. Werner Clair W. Harmony Eileen R. Ansari Gary G. Miller Phyllis E. Papen Mayor Mayor Pro Tem Councilmember Councilmember Councilmember RECYCLED PAPER CITY OF DIAMOND BAR REQUEST FOR PROPOSAL FOR AUDIT SERVICES AND QUARTERLY COMPLIANCE REVIEWS A. INTRODUCTION The City of Diamond Bar is requesting proposals from qualified firms of certified public accountants for audit services for the fiscal years ending June 30, 1994 through June 30, 1996, with the option of extending the engagement for an additional two years and quarterly compliance audits of procurement and cash disbursements. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards (1988), the provisions of the federal Single Audit Act of 1984 and the U.S. Office of Management and Budget (OMB) Circular A-128, it f State and Local Governments. Proposals will be accepted from parties that: Are free of all obligations and interests that might conflict with the best interest of the City of Diamond Bar. 2. Have the capacity to provide the services on a timely basis. The audit engagement must be completed and opinion issued by no later than November 1. 1995 and each year thereafter for each year renewed. The City of Diamond Bar will not be liable for any costs incurred in preparing proposals or associated travel costs. The proposer shall furnish the City with such additional information as the City may reasonably require. The City reserves the right to conduct pre -contract negotiations with any or all potential proposers. The proposals will be analyzed by City staff. The contract will be awarded by the City Council. The contract will begin upon award. B. SCOPE OF AUDIT The City of Diamond Bar desires the auditor to express an opinion on the fair Presentation of its combining and individual fund and account group financial statements and schedules in conformity with generally accepted accounting principles. The audit will include all the funds of the City and related fixed asset and general long- term debt account groups. The City of Diamond Bar does not currently participate in the CSMFO and GFOA Financial Reporting Award programs, but is anticipating doing so in the future. At such time, the auditor shall assist in finalizing the City's CAFR by conducting a review of all schedules, notes, etc. and shall include an opinion in that report regarding the City's financial statements and supplemental financial schedules. The audit opinion must cover the Combined Statements - Overview and must state acceptance of at least "in relation to" supplementary data responsibility for the combining and individual fund statements. The City of Diamond Bar also complies with the OMB (Office of Management and Budget) Circular A-128, Audit of State of Local Governments, which requires an audit be made by an independent auditor in accordance with generally accepted government auditing standards covering financial and compliance audits. The audit must cover the entire operations of the City and must determine whether: (1) the financial statements present fairly its financial operations in accordance with GAAP, (2) the organization has internal accounting and other control systems to provide reasonable assurance that it is managing Federal financial assistance programs in compliance with applicable laws and regulations and (3) the organization has complied with laws and regulations that may have material effect on its financial statements and on each major Federal Assistance program. To satisfy this requirement, a supplemental report shall be prepared to include a statement that the audit was made in accordance with the provision of Circular A-128 and will be made up of: (1) the auditor's report on financial statements and on a schedule of Federal assistance, the financial statements and a schedule of Federal assistance showing the total expenditure for each Federal assistance program as identified in the Catalog of Federal Domestic Assistance, (2) the auditor's report on the study and evaluation of internal control systems and (3) the auditor's report on compliance. This report shall be completed no later than December 1, 1995 and each year thereafter for each year renewed. The proposal shall include the review of internal control and compliance to existing procedures. Because of time constraints, these reviews can be completed over the term of the contract. Quoted fees should be inclusive of these reviews and be included within section 7a under Audit field. These projects are to be scheduled so that they are completed over the term of the contract. The proposal shall include the cost of reviewing and preparing quarterly compliance reports concerning the City's procurement and cash disbursements. The audit should include the reveiw of procurement policies and procedures and the City's compliance with the stated policies. 2 Management is not aware of any unusual circumstances warranting an extended scope beyond that called for above. However, if in due course of the examination, evidence of such circumstances appear, you shall agree to provide the City with all ascertainable facts relative to such circumstances together with an estimate of additional services required and the additional cost thereof in order that proper contract modifications may be completed before you commence with such extended examination. C. AUDITING STANDARDS The examination shall be made in accordance with generally accepted auditing standards as adopted by the membership of the AICPA (American Institute of Certified Public Accountants) and with the Single Audit Act of 1984, in accordance with O.M.B. Circular A-128. D. INTERNAL AUDIT The accounting staff is the minimum required to maintain routine accounting duties during this extremely busy time of year but will be made available to assist in pulling accounts payable vouchers, paid checks, etc. The auditors will coordinate their services with the Accounting Manager and will endeavor to accomplish the audit on a phased basis throughout the year to reduce the year-end work load on the City's staff. E. DELIVERABLES The independent auditing firm shall type and have printed twenty (20)copies of the final financial statements to the City of Diamond Bar on or before November 1 of each year. F. INFORMATION REQUESTED FROM THE PROPOSER To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized in the manner specified below: 1 • Title Page Show the RFP subject, the name of the proposer firm, local address, telephone number, name of contact person and date. 2. Table of Contents Clearly identify the material by section and page number. 3. Letter of Transmittal (limit of one or two pages) a. Briefly state the proposer's understanding of the work to be done and make a positive commitment to perform the work within the time period. 3 b. Give the names of the persons who will be authorized to make representations for the proposer, their titles, addresses and telephone numbers. 4. Profiles of the Proposer a. State whether the firm is national or international b. Give the location of the office from which the work is to be done and the number of partners, managers, supervisors, seniors and other professional staff employed at the office. C. Describe the range of activities performed by the local office such as: audit, accounting, tax service or management services. d. Describe the local office's computer capability. e. Describe the firm's participation in the "peer review" program. Provide the date and extent of the local office's last participation. 5. Summary of Proposer's Qualifications (in addition to minimum qualifications). a. Identify the partners, seniors, managers and supervisors who will work on the audit, including staff from other than the local office. Include the resumes for each supervisory person to be assigned to the audit. The resumes may be included as an appendix. b. Describe recent auditing experience similar to the type of audit requested. Specifically, address experience related to the audit of: Municipalities complying with OMB Circular A-128. 2. Federal and State Grant programs. 3. Describe the engagement team experience and capabilities to assist government bond reporting requirements. 4. Describe the professional activities of your firm or of the staff members who support your commitment to governmental accounting. 5. Describe any regulatory action taken against your firm or local office. 4 6. Give names, addresses and telephone numbers of five current and former municipal audit clients served by your local office within the past five years. Include the type of services performed, dates and length of service for each. 6. SCOPE SECTION a. Clearly describe the scope of the required services to be provided. In addition to services included for the examination, specific reference must be made to the requirements of OMB Circular A-128. b. The auditors shall familiarize themselves with and comply with the provision of any and all federal, state and county orders, statutes, ordinances, charters, bond covenants, administrative code and orders, rules and regulations that pertain to the work required in the engagement. 7. AUDIT FEES The City requests that a statement of maximum cost be made for i he annual audit as set for the audit scope. All other expenses, including typing, clerical and printing costs, should be included in the total audit fee. Unusually high or low fees may affect ratings. The proposal must be on a fixed fee basis inclusive of all expenses and allocated as follows: a. City of Diamond Bar b. Single Audit C. Quarterly Review Percent Modification for Fourth Year, if Extended Percent Modification for Fifth Year, if Extended Include a schedule of hourly charges for principals and staff to be used as a basis for audit costs that are extra ordinary to the scope of the proposal. The audit fee schedule must be submitted in a seperate envelope. 61 F. EVALUATION OF PROPOSALS Proposals will be evaluated by the Audit Proposal Committee to ascertain which proposer best meets the need of the City. Factors to be considered are: 1. The proposal's responsiveness in clearly stating the understanding of the work to be performed. 2. The firms' technical support. 3. The audit team's experience and professional activities and independence. 4. The firm's size and structure. 5. The anticipated support requirements of City staff showing personnel class and hours expected. 6. Although a significant factor, the audit fee may not be the dominant factor. Cost will be a particularly important factor when all other evaluating criteria are relatively equal. All proposals will be evaluated by first using the criteria of factors 1 through 5. After the top candidates have been selected using this criteria, a final decision will be made based upon the audit fee proposals. Oral interviews may be arranged anytime during the selection process to assist in making the final decision. The City reserves the right to select a firm on any combination of price, experience in auditing governmental agencies, references and other features that are deemed to be in the best interests of the City. All factors will be considered in the selection process. G. ADDITIONAL INFORMATION AND CONTACT The submission of a proposal shall be grim�a faces evidence that the proposer has full knowledge of the scope, nature, quantity and quality of work to be performed. 2. The City will not be liable for any costs not included in the proposal and subsequent contracted -for costs. 0 3. The City reserves the right to conduct personal interviews of any or all proposers prior to selection. 4. The City reserve the right to reject any and all proposals, the right in its sole discretion to accept the proposal it considers most favorable to the City's interest and the right to waive minor irregularities in the procedures. 5. The contracting firm shall make itself available to the City Council and management to answer questions related to audit findings. 6. Compensation for the conduct of audit service will be paid upon submission of progress billings and of a final billing, along with the required reports. 7. The successful proposer will be required to sign the standard City Professional Services Agreement, including meeting the City's minimum insurance requirements. 8. City staff requests that, once proposals have been submitted, no unsolicited contact and/or discussions concerning these proposals be made prior to the evaluation of all proposals. 10. The total audit staffing should be at a level sufficient to complete the audit in the time scheduled and specified in the RFP. In addition, the audit staff should remain constant through each year's audit process. At least one staff member from the prior year's audit is to be a member of the subsequent year's audit team. The contact person for additional information and requests will be: Linda Magnuson Accounting Manager City of Diamond Bar 21660 E. Copley Dr., Ste 100 Diamond Bar, CA 91765 (909) 396-5685 Only proposals received in the City of Diamond Bar, 21660 E. Copley Drive, Ste 100, Diamond Bar, CA 91765 by 5:00 p.m. bid opening date will be considered. 7 F. EVALUATION OF PROPOSALS Proposals will be evaluated by the Audit Proposal Committee to ascertain which proposer best meets the need of the City. Factors to be considered are: The proposal's responsiveness in clearly stating the understanding of the work to be performed. 2. The firms' technical support. 3. The audit team's experience and professional activities and independence. 4. The firm's size and structure. 5. The anticipated support requirements of City staff showing personnel class and hours expected. 6. Although a significant factor, the audit fee may not be the dominant factor. . Cost will be a particularly important factor when all other evaluating criteria are relatively equal. All proposals will be evaluated by first using the criteria of factors 1 through 5. After the top candidates have been selected using this criteria, a final decision will be made based upon the audit fee proposals. Oral interviews may be arranged anytime during the selection process to assist in making the final decision. The City reserves the right to select a firm on any combination of price, experience in auditing governmental agencies, references and other features that are deemed to be in the best interests of the City. All factors will be considered in the selection process. G. ADDITIONAL INFORMATION AND CONTACT The submission of a proposal shall be prima face evidence that the proposer has full knowledge of the scope, nature, quantity and quality of work to be performed. 2. The City will not be liable for any costs not included in the proposal and subsequent contracted -for costs. 9 INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Gary Werner, Mayor RE: Membership in Wildlife Corridor Conservation Authority DATE: November 15, 1994 ISSUE: Shall the City of Diamond Bar enter into the Joint Powers Agreement to become a member of the Wildlife Corridor Conservation Authority? RECOMMENDATON: It is recommended that the City Council become a member of the Wildlife Corridor Conservation Authority; and, direct the Mayor to sign the Wildlife Corridor Conservation Authority Joint Powers Agreement. DISCUSSION: The Santa Monica Mountains Conservancy and members of several Orange, San Bernardino and Los Angeles County cities (Anaheim, Brea, Chino Hills, Diamond Bar, La Habra Heights, Walnut and Whittier) have been meeting to discuss the formation of a conservation authority to preserve and protect wildlife coridors in the Whittier -Puente Hills and the Cleveland National Forest in the,Santa Ana Mountains. The discussions have proceeded to the point where it is appropriate for the City Council to consider the possibility of becoming members in the proposed Wildlife Corridor Consevation Authority. As a part of the memorandum is a copy of the proposed final draft of the joint exercise of powers agreement (October 27, 1994) and comments related thereto (October 28, 1994). The City Council is encouraged to be open-minded about the City becoming a member of the Wildlife Corridor Conservation Authority. Such an organization can be an important factor in attaining the communities environmental objectives. MEMORANDUM .1� DATE: Cctolm 28, 1994 - —� o _ To: city coun�itmembors _ FRow Gary Worrier, Maya ' RE: W e Corridor Commit" `- CC: ity Men—a :€i!y AhMey -- _ As ft City Cowdl dalegats to the WhRtiar44WM Hiilb Coffidor "Greet~ Ribbon' Study Con mnoe l hew ban in aarrmdanoe at monthly meetings since ; April, 1904. The Committee ha" *XCk ded it" WOfk and now pr+OpONs the estabiishmerit of a Joint Pawars AuMnly (JPA) for Wildlife oorrtdor ConserV4dW pwposes. The Joint Powe Authority (JPA) is p qMW to be atabMshed by and betwen the Cites Cts Anaheim, Ons, Gbiro F1Es, Dump' Bar, Le Habra Heights, Walnut and VNritW. The purposO of #W JPA is to prwrw a w kW* candor comprised of width haWM and open spew beewer the Wlilttlen- Pwnte Hills and Mte C*voW d N&WW Forest In ON Sante Ane Mountain: end within the Chits kWW W. The -WW arse Is idNWfled a the last major natural Open sped re OUM MvwcM Los Angeles, Qrwp, sen Bamard W dna Riverside Counties. As a member of the Tween Rrbbor? CommNse, I have sought to establish s balance bsto's corridor pnaervew and log~ landr,gMecononde developrrW it Options - a bow" which I persona y ane pnio�tesslonegy beset is proper, reasonable and attainable. While the agrwnWd as it now reads t" not completsly to my "awtactlon, I beieve R may NMI be socompNshed with the foMCwkg o,mxk, *Waddlrorw b paragraph 9: , 3.0 For PAWS" Of US apna MM the %rid k WNW study ansa' shall extsrtd from the WINEien�Pwnte rtes, IncfudM�g the t,.hino Hla, a V* portion of the Saab Ana Mountokre not owned by itN Cleveland Nab" Forrest that an capeft Of swtsktkg Or oonnecfing habitat for MW mwrrnla orawaarra arendangered specles. Tha pard" hereto agr" plat Vo 4@&Wa&m of the b"Warles of ft "wildsfi corridor' shah be based on sciendflcely WAWAshed criteria reflecting este .0 ft4n knowledge of wNh hOW lrrc_ M. TheuWrAW_ By way of this Mena, l am ftwj tong the latest ftft of a JPA Agrewnw t pi'opCsed by Vw Comm l�oll� " Od MOnd input on this matar.�* Mountains Conse VWWy your my sugpesom that we schedule this for the City Council agenda, next available, for hearing and oonsidsimW M E M O R A N D U M DATE: TO: FROM: RE: CC: October 28, 1994 c Joseph T. Edmiston, AICP Gary H. Werner, Mayor, City of Diamond Bar Whittier -Puente Hills JPA Terry Belanger, City Manager; Michael Montgomery, City Attorney, City of Diamond Bar Joe, I propose to offer the following amendment to my City Council. In my review of the latest version of the JPA, dated October 27, there appears to be an absence of local autonomy in deciding which areas and how extensive such areas shall be included in the corridor. Please comment. 3.0 For purposes of this agreement the 'wildlife corridor study area' shall extend from the Whittier -Puente Hills, including the Chino Hills, to that portion of the Santa Ana Mountains not owned by the Cleveland National Forest that are capable of sustaining or connecting habitat for large mammals or threatened or endangered species. The parties hereto agree that the Wtimab delineation of the boundaries of the "wildlife corridor" shall be based on scientifically established criteria reflecting state -of-the-art knowledge of wildlife habitat linkages. The ultimate delineation & boundaries of the 'wildlife corridor looted within a memb of "Wildlife Corridor Overlay.' The ultimate boundaries of the Wdiife corridor shall be adopted in map and text form with a clear statement of intent to acauire said areas for open space purposes. Finally, I am concerned that while the agreement provides a 90 -notice to withdraw, you are looldng for a 30 -day review to join. I would suggest a 90 -day target for the initial organization. c� rn SUN CF GJJUMM-THE SCIS 04M- / Fm W%-vK CMw SANTA MONICA MOUNTAINS CONSERVANCY sa1m CRA" mm MHLU, G 101x! (3101 4 W" FAR (3101 1841012 October 27,1991 The Honorable teary Wang Mayor Oity of Diamond bar 22861 Ironbark Dim xxd Be(. Cali en is 91765 Dear Mayor Werner: Enclosed is the faW version of the JPA AWG=w t. The City of Whittier will consider adoption of the ASNUM on Novanbw r, 1994. Tentatively, December 1. 1994 will be the flet meetu1 of the Wilffft Corridor Comrvadon Auttroft. Furttw Wm don wM be seat to you by Navmi r 21. TbwA you hr ym W I lic I to this matter. sie w*. Pxeattivt Director WILDLIFE CORRIDOR CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT PREAMBLE Whereas, There eodsts a wildlife corridor comprised of unKiev e1 A wildlife habitat and open space betwW ft Whittier-Puento MIAs std the Clovvelan0 National Forest In the Santa Arte Moura; end Atmeas, This wildlife corridor serves wildMe migration and also tunCtions as an essential envlrgo vo srttK sclentgic, educational, and rMeational resource which sfauid be held in trust for p vm t and futon gartsratlorts; and Whereas, That as the last major natural open space resource connecting Los Angeles, Orange, San oentardino, and Riverside COund s, it provides esser" MW hen the urbernriOAR Irl[ m sl 1% and that It exists as a sire& ecosystem in which chsnpes that affect one part may also affict all other parts; and Whereas, That the preservation and protection of this resource Is In the public interest; now Therakm Pursuant to the Joint Exercise of Powers Act (Gorerrtrnart Coda § 65W et seq.) the falowatg public eniWas of the &AM of California exeartirg Vft agr+b em agnsf as follows: 1. PURPOSE 1.0. The purpose of utis agrrentertt is to provide for ttr proper plarring, conservation, erwir+am im tel protection area meirNsr>ltta of uta habitat and wNW9 corridor between uta whittier-Pusnte Hila and the Cleveland Natiom Fort in the Sanofi Ana (Mountains. 1.1. As a U11her. nacessary and irMsgral purpose of We agreemerrt, the acquisition and I Purposes is Iernplatad wftere can socormplished within fiscal policies of each of the ,araban jurisdictions. 2. COMMON POWERS 2.0. The paries hereto agree to exercise their comrtari powers to the ntsxirrxxn extent thereof for tha purposes d imphmeM. this aweemw%, inGudirg, but not Iknited to, all Me powers specified in Governmertt Code § 6506. -z- 2.1. Such powers aro subject to the restrictions upon the manner of axwciakV the Powers as knposed upon the Cky at "Mier. as provided in, and for the purposes of, Government Code § MO. 3. JURISDICTION 3.0. For purpom d this agreement the Vidife corridor study ane" shall extend from the Whittle 44mvte Mills, including to Chino Mips, to Mot portion of IN Santa Ana INorr*ains not awned by the CWmIw%d Na lmol Forest #W we capable of wstWnhp or omwoong habitat for larpa momrals or tllrealerNd or andanperod species. The parties hero agw that rte ultknde delkrertfon offt bourtdwies of ttN "'wildlife cwr cion' shall be based on scloWmity estabilOW criteria i%Uctkrg state -a 4hewt ivrowiedps of vAkfl fe hdWItst pini 29". 4. SEPARATE ENTITY 4.0. The'WrWft Corridor Conservation AudtorW (hwgkuiftw "AuttwdW) is hereby established as a sepwete pubk envy within the masnft and for ttN purposes a(, the Joint Exercise of Powws Act (GovWMw t Code § 8800 d mg) upon execution of this document by at Haat two pubkc entities whose )Aod c ion fags w%M the "Wlildlife Corridor." 5. GOVERNING BOARD 5.0. The A Ahorky *0 be governed by aboard conedkw pursuant to the agrewron " within the rrlalrting of Gotiert>fnent Code 18508. 5.1. The GoveftV Board of 1M Authority is hersbyc eaablMW se follows: (a) The ally amind or govwnkp body d each of the pwti o&V entities to this agreernertt OW emfi appoint ane of dwir number and an alternate to serve on the Gumfttq 8owd at the plea n d such appointing Pa (b) The members d the Governing Board q*drsed by the participating entities shah elect two (Z) public rnerrft-s and two (Z) attematee who strap serve for a term of two (2) years. The public mwrftm shall ba residents of the area wt�t'kr the wildih corridor who ere well qualified by their education, bedcgr+owl or experience to can out the purposes. d this agreement. (c) The Supedntendwd of CNno Hils State Park or his designee. WILDLIFE CORRIDOR CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT PREAMBLE Whereas. There exists a wiidiife corridor comprised of undevebped wlidlih habitat and open ep= between the Whittier-PUW is Hills and Ito Cleveland National Fort in the Sante Ane Mountains: and IMrers►as, This wildliN ,Mk" mWg*m WW SIN fur4lcm as. an essential and r creamw rNOu� whim OvAd to held in h* for pres" and Kill" gtsralons; arld Whereas, That as the last myon natural open space resourCO canneeUnp Los Angeles, Orange, San OWN( ino, ON Riverside CMVOG, it Provider etre" *W *om the urban enviroMGM and that K e)dsd as a single eoosystern in which d'arges V* affect one part may 8160 ~ all other Parts; and Wh rias, That the preservaUon and protection of this resouroe is in the public interest; now Them pursuant to tha Joint Erendse of Powers Act (Government Code § MW� as the f011G i g pAft emtM of the State of California executing E follows: 1. PURPOSE 1.0. The purpose d"apreenwnt is to provide for the proper planning. Conservation, erwirarnental pri0leG'Gon and flirirof the hibltat arxl wMe CorrklQr between the Whittier -Puente Hib and the Cleveland National Fat" in the Santa Ana Mountains. 1.1. As s turltwr necessary and i 1sgral purp000 of t ds agreemerd, the "Ldeiaon and protd Waft for o0iIse 0800n, natwal open semnd � , eowwl Pwi�s is cconttemplmmed wfwro such soquitifts can be accomplished within to pruderd fiscal policies of each of ttr meat w jurisdiaions. 2. COMMON POWERS 2.0. The parties hereto spree to wwcise their Mmwn powers to the maximum extent v�ereof for the purposes d rp impiementi agreantre, Inciudi g, but not limited to, all the powers spwHiied in Govenvm t Codt § 3- (d) A mwnlw appointed by the Santa Monica Mountains Conservancy. (a) A manner of ft Department of Fish and Gams, appointed by the Director, shall saws ex ot1. S. ADVISORY COMMITTEE 6.0. The Govwinp Board shall appoint an Advisory Committee to assist it in its deliberations. Such oortrttttlee *0 bar oomprtesd of individuNs who on broadly 1epnrsera1 11. of ft aornrtNs* And the dlverss 0 isrests that have a stale In plsmina roar the wildlih corridor. 7. MEETINGS 7.0. All meetings of tree Gover kq Hoard dWI be =Ned, held, and oxxWed in accordance with Vu provisions of the Ralph M. Brawn Act and with such Archer rules of ft Govemira0 Board as are not inoonsisterat tlwrewigt. 7.1. The Authority shall koW or deed to be 1Wpt, tree mk%Mw of the Govennbip Boards to merribsr of Pow" alw More rrisom , forward s copy or du mt VA" Psrtidpatkp entities to this s rnkv Dowd and to 1W powrning body of asoh of the S. QUORUM AND PROCEDURE 8.0. A msjorlty of ft Governing Hoard shale owalk ls's quorum for the trwm cUw of business. The aAirr io" vole of a majority of thoseInwilmrs present and voting areal conaih�-a an action of to Governing Board. Where sppllcable, PA*Wrs Rdw &Order, Newily Rovised, shall govern the procedures of the Governirtp Board, eoaoept when inconastent wen the Ralph M. Brown Act. 9. COMPENSATION 9.0. Members of tM Govertang Board shall serve without compensation except that a neamuble spowanos or takenburser" M for sth amore at meettngs of ahs Govetniry Board, as down irasd by the Gotierning Board, may be paid an amount not to c coed $W to the extent cornpabble with Government Code §1128, Public Contract Cods" 10410 and 10411, and any other statute. 10. ADMINISTRATION 10.0. The Au twity shalt be administered by an Ex=Ave Oftw who shall perform the functions stated in Governownt Code § 6505.1. 10.1. The Exeautive Dk*cl0r Cf the SWft Morrca Mountains Conservancy shall serve ex officio, without addidarwl oompensatton, as l5woAve 0MCK of the Authority. 10.2 The TrNsurer of the Cily d Whiner shall be the duly appointed and &Onp trawurar and cm *Oft dfile Au> wW, such Preop W hereby designed as the Finrtdal Officer of the Authority who shad perform the furthers stated in C*Nwry wnt Code § 6505.5. The Authority shall reirnW90 the CRY fOr Cost: ktcurrod IMMU ret to this section, subject to Prior approval of the Govon*V Board. 10.3 The AWWty may select counsel from its .amber *Conde% or it may retain 10.4. To irrPlemW9 tNs AW*wrwnt, the partles hereto may lose employees to the Authority. To ad leve the pcspo■ae of this ap�rwrtuts hA1Q ly may, them time to tfine, establish positions and The the salaries of employees of the Authority. The EMutive Oftw a the AL&xwq POGkWM 1:1146o dand shaft be rrspor for ft vVendliortnstfter+sot. bushed by 11. FISCAL CONTROLS 11.0. The fiscal year d the Authority shah be the find yeW of the Cdy of Whittier, JuIY 1 to June 30, Or ae eatabltshed from On b tines by this Ck of WNW. 11.1. Toftelft-M tistds an IapaNy available tlrr+Nore. the Consrvancy and the Cider are hereby Whortaed 110 M&A PWOM Ma and aorMrfa Aions of pubik funds, ae provided in Section MW d the f3ovang.mI Code. 11.2. The Autlxm* shall be strictly awountsble for all finds, feoeipts, and CK The Authority *01 prepare On WOW budget, in a form approved by the Conserv" and the CNy of WRwtiw, which ix, " aha be submitted to the board for oppro L, by two**ft of Me o1wi rs prom M. P%Oft Ards nW not be disbursed by the Authority widlout approval d the adopled It 11 of 1M Authority, and all receipts and disbursements sued be in strict amft mann with the adopted and approved buret 11.3. The f murer of the City ofVMhltder shalt act u the tromrbr d the Authority and WWI be the depository and have C utody of an money of tM Auft ty front whatmw Q 714 980 1757 »lR.NIR --•-• �p source. The tmovirer so designated shall: {a) R809N9 aN money of the Authority and place it in the treasury of tins City of wwtw, or other spprop late account, a the credit of the Authority (b) 84/�No�hissdkW bond o 11O1d by frim or hide "Ong and disbursement of ,mority mn (c) Pay, when due, out of money a the Authority so held, all sums due on o rp abogatlon at the Autwty. Said sums ahau to paid only by warrant of aN pubic oAiosr perlonrerhp the functions Of auditor or contrvlier of this Authority. (d) Verity and report In writing on a gwrterty bas's to the Authority and to the partles to this egreement the awom of receipts $ince the last report and the wxm t paid out since tha lot report 11.4. The treasurer Of the City Of VMlit W shall peAonm tin• hrCtlons of auditor or controller d to � amusl audit d ft accounts aW WW mend i oor� �a ft In �� case us Mir*Wn requirements of the audit shah be atoes Prosarlbed bp,v to shall Controller for We" dsalde under Section 20M of the Qavwmnwt Codes and conform to 9anerslly accepted audit V sta1 Idards. where an audit Of an account and records Is made by a 08 1111111 public 00oot902M a sport tiered " be filleas ad with record with each a ttte parlhs to ata agrww t. Such report months d the end d a» tiscat year WWW a= instiom Any 0*8 gmurant, dwill be b" � contracts such a ernploymsnt d , red imed nxae a trt•l�ortcy: Authority aro dwged against any 11.5. The Authority shad hew the power to Invest any money, in to trraesy of the Authority V* is not rvquted for she irnrnedlate necessities d Me Auftft, G$ 910 Authority datsrmine advisable, in ate same n Www and upon " =I corMlone as kxW agWV%W pursuant to Section 53601 d the Cwmn hent Code. 12. BONDS 12.0. Each member cf the Goverr* g &wd, the *nattive otpm' and treasurer : I" an oftd bona WM tM Authority. VVhen deemed appropriate t� � , W4 shell bond may be uNzed as refw b h est Qwrt Code Section also comply with the requirerrlents of Tog 1, oivision 4, Chapter 3 of VW �aG Code, with eme sections being deemed applicable to the Authority Conservancy deams appropriate. The bond shall be in the amount of not hes than $- sp.000, The promkmn shall be Paid by the Authority. 13. LMIUTY 13.0. Ths tort Nability d the Auto * and d aN members of ttr Go wnft Board, and ft spa a&m dfioer and 4mploym of the AuQWM. dW be oortaol10 by the PrrOvlsiOna of Division 3.6 of the Govsmment Coda. The p vAoaa d DMdw 3.6 of the GM mrrw d Coder+NMirq indsntr�fiatlon d P etrployees end the dtMertse d sciiorte ltrisinQ out of any act or on 000ttrrinp in Pte OWPO d itwr nent shag app1Y to aN members of the Govarr*np Board, d6c @M w4 strtplcyow wNh aspect to Via Autmr ty 13.1 Pursuant to Semon 5508.1 d the Guvwnrr rrt Cade. ttw Parnas spree that the Conservancy stall assume all Iiab M*$ arising out of cr with MNWO 10: (e) Any and all actlorw taken by Aut w* Personnel Gdr%I cn Conservancy prop" pummm 10 a mop u* —nagerrwnt� between ttw Conssrvsncy and dts Auttroritrr, and (b) Any W4 aM property owned by the Authority vrhidl is subject to a rec:ipruml management agrosrrwnt between the Cawervancy ane Ow p�tttorlty. 13.2 In sddition the Autl'crity may insurr it O and the parties, and the dfiosrs and ornploym d me pertien in a menrwr, Tam and m oil appropris" and MCCWAM tO the City d Whittier and the Ca�servartcy. . 14. DISPOSITION OF PROPERTY'AND FUNDS 14.0. Upon MAnirrllon d>t>is Aprwrn" >r1e /lLOorily tortt�t y flxrds ;gyp ftp M d In OUllft dlno 190oalgfluo whld� the funds or personal rerrtsiriwtg into ikM'tority shah be rN�ur1'Nd a the AN reel property owned property were oblairwd, eocW n muouslly gpvod by Pam by the Aunt i ty "I be o mn*d 0 the Au ttorlty shall) ermine, and it no determination it mads, then stxh property :hall be dfsred tO the Stan Park System. 1 S. WITHDRAWAL OF PARTIES 15.0. Any Party which desires to withdraw a$ a mamlwr of the Authority SMN Provide axes rrtanlhe advance w Men notice 10 ttte Ego OJM OMW- Thin a9ras^mt'NO ronaln in affect so WV 69 there aro two *w gems represented on -t w Authority -7- 16. NON -LIABILITY OF PARTIES 16.0. Except as provided in Section 14 of this AWoomwA, n WVW the Autt'writy nor ft Gov*MV Board shalt have ft power or authority 10 bind the parties to this agreement, or any of them to any debt, ItabiMy, contract, or OM%M tion, or 10 employ any Person on behalf of ft partM, or any of them; no debt, liability, oontraat, +obligation, employee, a agent of the parties or any of them. 16.1. No nclion ar orNssion d the parties or any d fhsm shall be attributable to any other parties to this agreem�nt eNNO os expressly provided In SeCM 14 of this Apraema-L 16.2. The Authority may makUn such public liability and other insurance as in its disavUon Is deerned appropriate and b the extent the cost of premiums thereof are provKlod for in the approved budget of the Authority. 17. CONTRIBUTION OF CONSERVANCY 17.0. Exdu" d grants vrFrch the Conservancy may award to dw Authority or he City d Whittier from tune to time, ttN Conservancy corMrlb AIM to ft Authority shag be No than $25,000 in any fiscal year. Contribution is here dsfk m to i xWa monetary Contrisutions, if any, and the reasonable value d the servioss of any orojoyW of" Co uwvanq loaned by it 10 the Authority, if any. This section shall not afhd the mutual etodMnge d aervi0ea between parties b the agraenterx and the Authority wNh%X payrWt d any canlderM al other fm auch services. Such mulumi oot drge of services is horsby a usurped b the eft p ft by Sedian 0300 of ate Code. Each party to this aw"Imx do con &A* $500 per anmxn. S. NON-MCRPANATION 18.0. The provisions of the Stab d Cniftnis C*m (Form 178) aro by thin referertos incorporated herein. 19. APPLICATION OF POWERS 19.0. hoolar a• powws common to the City of Whittier included in Oft agreement. and not to the Coneerwncy, am sooerassd by the Authority, the goy Mng Beard are offers fitered shah fordo such powers ae the edminislsrirg agoxy d this mgraemern PuUAWA to Govern mol ox* Section 6505. if "m hsiandkV the fact that they may be appointed by, or repr+esentstiw Of. the Was Monica Lbuntairm Conservancy. $- 2o. ADDITIONAL PARTIES 20.0. The Santa Monica Mountaft CorrarmW, and I* Chia of Anaheim, Brea, Chino Hills, Diamond Bar, La Habra Mei", Wei M artd WhMr MY b9mm Pis to the AQr+earratt at any tlme prior to January 1,1M strttply by vecudrV thb AA t• The ad:ld n m of WV of tteaa entitles alter stat time or of a party not Iisled here shall require the approval of tM board. In WilimW Whereof, the parties hereto haw cawed this aprrernent to be executed by their duly aAorized represertfativreI SANTA MONICA MOUNTAINS CONSERVANCY BY CITY OF ANAHEIM eY: CITY OF CHINO HILLS CITY LA HABRA HEIGHTS CITY OF WHITTIER CITY OF BREA ear.. CITY OF DIAMOND BAR CITY OF WALNUT By: BY — RICHARDS. WATSON & GERSHON q i=CEI VED MEMORANDUM OCT t i" L4 HABPA HEIGHT? TO: Mayor Hathaway -Francis and Members--of•-the__City._ CQ_yncil. _ FROM:� � '=•_.C��''_'.. r' FOu•_�� _�..� Michael G. Colantuono f c DATE: October 6, 1994 DATE !U%/� b__j SUBJECT: Second Draft Joint Powers Agreement for Wildlife Corridor Conservation Authority Joe Perez forwarded me the second draft of this Joint Powers Agreement (JPA) , -which was sc.^.t undev cover -+f- a September 300, 1994 letter from Joseph Edmiston of the Santa Monica Mountains Conservancy to Mayor Hathaway -Francis. Joe Perez asked me to review this draft and to provide my comments to you. This draft does not respond to all of the comments of my September 14, 1994 memorandum regarding the first draft, perhaps for policy reasons. I will not repeat those comments here, but Joe Perez can provide you a copy of that memo if you have not seen it. As was true with the first draft, there is no reason the City may not enter into this JPA if it wishes to do so. I do recommend a few drafting changes, however, as noted in my earlier memo and as follows: 1. Section 10.2 appears to contain a typographical error: should "persona" be "person"? 2. Section 11.2 states that'the "budget shall be submitted to the parties for approval by two-thirds of members present." This language is ambiguous, as it might refer -to a two-thirds vote of the Board or to a.two-thirds vote of the member agencies called together for that purpose. I recommend the quoted language be replaced with the following: "budget shall be submitted to the Board for approval by two-thirds of the members present." 3. Section 12.0's reference to the "financial officer" should be to the "Treasurer" as only the latter term is defined in the JPA. 4. Sections 13.2 and 16.2 are redundant and potentially inconsistent. Therefore, I recommend Section 16.2 be deleted. MGC:mgc L5115-00001 1912432 RICHARDS. WATSON & G[HJHON MEMORANDUM Mayor Hathaway -Francis and Members of the City Council October 6, 1994 Page 2 5. Section 15.0 states that "Any member of the Governing Board who desires to withdraw as a member of the Authority shall provide six months advance written notice . . ." this Section should likely be revised to state: "Any party which desires to withdraw as a member of the Authority shall provide six months' advance written notice . ." The present language suggests that the decision to withdraw from the Authority is left to an individual Councilmember rather than to the City Council of a party to the JPA. 6. Section 15.0 is alc_ si?.e-^_t as tO th? responsibilities of an agency which withdraws from the Authority. If the Authority takes on debt or other significant legal responsibilities, it will be necessary to clarify the duties of an agency which later withdraws from the Authority. The following language is based upon a provision of the JPA of another agency we represent and may prove a useful addition to this JPA: "Any party may withdraw as a party to this Agreement provided that: (i) at the time of withdrawal, that party has either discharged, or arranged to the satisfaction of the remaining members of the Board for the discharge of, any pending obligation it has assumed under or pursuant to this Agreement and (ii) it provides written notice of its intent to withdraw to the Executive Director not less than six months' prior to the effective date of its withdrawal. This Agreement shall remain in effect so long as two or more local government are parties to this Agreement." 7. The JPA does not expressly provide for the addition of parties. It suggests, however, that any "public entity whose jurisdiction falls within the 'Wildlife Corridor"' may join the Agreement simply by signing it, whether or not the Board or the remaining parties agree. Future disputes may be avoided if the procedure for adding parties is made express, perhaps as follows: "The Santa Monica Mountains Conservancy, and the Cities of Anaheim, Brea, Chino Hills, Diamond Bar, La Habra Heights, Walnut and Whittier may become parties to this Agreement at any time prior to January 1, 1995 simply by executing this Agreement. The addition of.any of these entities after that time or of a party not listed here shall require the approval of the Board." MGC:mgc L5115-00001 1912432 RICHARDS, WATSON & GERSHON MEMORANDUM Mayor Hathaway -Francis and Members of the City Council October 6, 1994 Page 3 If you have any questions about these comments, please let me know. I have not designated this memo as an attorney- client privileged document and you may share it with other potential parties to the JPA if you wish. cc: Joe Perez MGC:mgc L5115-00001 1912432 CITY OF DIAMOND DAR AUhNVA KKYVKI AGENDA TO: Terrence L. Belanger, City Manager MEETING DATE: November 15, 1994 REPORT DATE: November 9, 1994 FROM: James DeStefano, Community Development Director TITLE: RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 92-2 AND APPROVING VESTING TENTATIVE TRACT MAP NO. 51169, FOR A PROJECT LOCATED IN NORTHERN TONNER CANYON, WITHIN SEA NO. 15, SOUTHERLY AND EASTERLY OF BLAZE TRAIL DRIVE, IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF; RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA CERTIFYING OF ENVIRONMENTAL IMPACT REPORT NO. 92-2 AND APPROVING. HILLSIDE MANAGEMENT AND SIGNIFICANT ECOLOGICAL AREA CONDITIONAL USE PERMIT NO. 92-3 AND OAK TREE PERMIT NO. 92-3, FOR A PROJECT LOCATED IN NORTHERN TONNER CANYON, WITHIN SEA NO. 15, SOUTHERLY AND EASTERLY OF STEEPLECHASE LANE AND WAGON TRAIN LANE, IN DIAMOND BAR, CALI- FORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF; ORDINANCE NO. XX(1994): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE A-2-2 (HEAVY AGRICULTURE) ZONE TO THE R-1-40,000 (SINGLE FAMILY RESIDENCE) ZONE. (ZONE CHANGE NO. 92-2). SUMMARY: On October 18, 1994, the City Council approved the applicant's 13 unit, 20 acre, project, in concept. The Council directed the preparation of project conditions, ordinance and resolutions for subsequent review and final action. RECOMMENDATION: It is recommended that the City Council adopt Resolutions No. 94 -XX and 94 -XX approving Vesting Tentative Tract No. 51169, CUP 92-3, OT 92-3 and approve for first reading by Title only, Ordinance No. XX(1994) LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerks Office) _ 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? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Public Works Department and Building and Safety Division REVIEWED BY: City Manager Assistant City Manager *4i4W es DeStefan Community Development Director RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 92-2 AND APPROVING VESTING TENTATIVE TRACT MAP NO. 51169, FOR A PROJECT LOCATED IN NORTHERN TONNER CANYON, WITHIN SEA NO. 15, SOUTHERLY AND EASTERLY OF BLAZE TRAIL DRIVE, IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Hunsaker and Associates, acting as authorized agent for the applicant, Unionwide, Inc., 2130 Rockridge Court, Fullerton, California, has heretofore filed an appli- cation for certification of a Environmental Impact Report No. 92-2 (SCH NO. 92121069) and Hillside Management and Significant Ecological Area Conditional Use Permit No. 92-3 and Oak Tree Permit No. 92-3, as described in the title of this Resolution, hereinafter 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. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar by adopting its Ordinance No. 14, thereby adopted the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Action was taken on this application, as to consistency to the proposed General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension of Time granted pursuant to California Government Code Section 65360 and 65361(a). (iv) On November 1, 1994, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: avmMMX9W7 MacrmnW.XM 1 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the project has been required to prepare an Environmental Impact Report in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, this City Council has reviewed and considered the information in reference to the application. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, no unmitigated significant adverse environmental effects will result. 4. Based on the substantial evidence presented to this Council during the above referenced public hearing on November 1, 1994, and concluded on that date, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of California Government Code Sections 65360 and 65361(a), this Council hereby specifically finds as follows: (a) The 13 unit, 20 acre, project is located within SEA NO. 15 at the southeasterly terminus of Blaze Trail Drive, adjacent to the eastern boundary of the private gated community known as "The Country" as shown within Exhibit "A", Vesting Tentative Tract Map No. 51169. (b) The use is compatible with adjacent uses and is in compliance with the zoning standards, the 1992 General Plan, and the mitigation measures cited in the SEATAC Final Report and EIR No. 92-2. (c) The surrounding land uses to the north and west are single family residential and to the south and east the land is primarily vacant and natural. (d) The subject property is a vacant undeveloped parcel that has historically been grazed by cattle and is currently disced, in compliance with the County of Los Angeles Fire Code for areas located in Fire Zone 4, for purposes of fuel modification. (e) The site is sufficient in size, is physically suitable for and can pro- vide adequate ingress and egress to allow single family development in character with surrounding current land uses. (f) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Notification of the property owners within a 500 foot radius was completed by mail. C:U.Wr11XSUtffWL7M.JW (g) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of the neighboring ex- isting and future developments, will not create significant traffic or pedestrians hazards and is unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (h) The subject site lies within the 1992 General Plan Rural Residential (RR) land use designation and the design is consistent with the allowable density of development and the Draft 1994 General Plan. (i) The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors because the design and layout of the project provides a safe and aesthetically pleasing environment. 0) The proposed use will not be detrimental to the public health, safety or welfare or be materially injurious to the properties or improvements in the vicinity because the development will improve the vacant site and remove deleterious and illegal dumping and improve the maintenance of the site. (k) There is little or no probability that the subdivision of said real property, as proposed in the application will be a substantial detriment to, and interfere with, the implementation of the draft General Plan for the area surrounding the project of the site; and 0) The application, as proposed will and conditioned herein, complies with all other applicable requirements of state and local ordinances. (m) The proposed site has adequate traffic access and said site is adequately served by other public or private service facilities which it requires, and; (n) The location of the proposed land use does not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, and will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site, and will not jeopardize, endanger, or otherwise con- stitute a menace to the public health, safety or general welfare. (o) The Planning Commission for the City of Diamond Bar conducted a duly noticed public hearing for the project on June 13, 1994. Subsequent to that public hearing on July 25, 1994, the Commission adopted Resolutions recommending approval of the application to the City Council. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby recommends approval of the application subject to the restrictions and conditions listed on the attached Exhibits "B -1","B-2", and "B-3" . 6. The City Clerk is hereby directed to : (a) certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to the applicant at the address on file with the City Approved and adopted this the 15th day of November, 1994 by the City Council of the City of Diamond Bar. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 15th day of November, 1994, by the following vote -to -wit: AYES: [COUNCIL MEMBERS:] NOES: [COUNCIL MEMBERS:] ABSTAIN: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] ATTEST: City Clerk of the City of Diamond Bar JILI I CL VOL 61 4 03 71 I Z \ cl- ru I 1 /tel LJ !�� f �� i �sl r,�, x• // ����� �_ ��� I I Q A II �� I , :� - \`ter � =-` (24 It N11 'tA EYG. MSI //' Sr1 I I re O I��'_� cr) m-cr O 0 C e `° yl O�O _ pi� C i r` � { Z I i �I �� ��/ \ �•u a� m o .c9 \ 1 I/ I d N r GZ; X!L mo P gia V z mO `� �ry?Z� O m O o O I I� " I I E) E ][T "B-1" VTM 51169 Conditions of Approval November 15, 1994 A. GENERAL REQUIREMENTS: 1. This Approval of Vesting Tentative Tract Map No. 51159 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. In accordance with Government Code Section 66474.9(b) and (c). The subdivider shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, an approval of the City, which action is brought within the time period provided for in Government Code Section 66499.37. B. PLANNING REQUIREMENTS: 1. That three (3) copies of the Vesting Tentative Tract Map No. 51169 presented at the public hearing and marked Exhibit "A" and conforming to such of the following conditions as can shown on a plan, shall be submitted to the Community Development Director. Thereafter, the site shall be developed and maintained in accordance with the approved Vesting Tentative Tract Map. 2. The approval of the Vesting Tentative Tract Map No. 51169 is granted subject to the approval of the Hillside Management and Significant Ecological Conditional Use Permit No. 92-3, Oak Tree Permit No. 92-2, Zone Change No. 92-2, and Certification of Environmental Impact Report No. 92-2. 3. This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property involved has filed at the office of Planning Division of the Community Development Department the Affidavit of Acceptance and accepts all the conditions of this permit; 4. That all requirements of the Zoning Ordinance and of the underlying zoning of the C-AIMIMUMUMCCFARK" 1 EX�IIBIT "B-1" approved plan. 5. The applicant shall satisfy the Park Obligation by contributing land acreage or the in - lieu fee to the City prior to recordation of the final map per code section 21.24.340. 6. Conditions, Covenants, and Restrictions (CC&R's) and Articles of Incorporation of Homeowner's Association are required and shall be provided to the Community Development Director and the City attorney for review and approval prior to recordation of the final map. A Homeowners Association (HOA) shall created and responsibilities thereof shall be delineated within said CC&R's. The CC&R's and Articles of Incorporation shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. 7. The project shall be designed so as to substantially comply with the CC&R's implemented by the adjacent development heretofore known as "The Country". The CC&R's should incorporate at a minimum, provisions which would establish a maintenance program for urban pollutant basins, and all mitigation measures within the Mitigation Monitoring Program, such that wildlife movement corridors are left in an undisturbed and natural state. The CC&R's will, to the fullest extent possible, be consistent with the CC&R's of "The Country". 8. A clause shall be incorporated into the CC&R's which requires disputes involving interpretation or application of the agreement (between private parties), to be referred to a neutral third party mediation service (name of service may be included) prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. A Homeowners Association (HOA) shall created and responsibilities thereof shall be delineated within said CC&R's, such as maintenance of common areas. 9. The applicant shall obtain approval by County Sanitation on the location of the structures affecting County Sanitation easements and submit written evidence to the City prior to issuance of a grading permit. 10. The mitigation monitoring program outlined within Environmental Impact Report No. 92-2 (SCH NO. 92121069) shall be submitted to and approved by the by the Community Development Director prior to the issuance of the grading permit. 11. The final landscape plan shall substantially comply with the recommendations of the Final SEATAC Report, EIR 92-2, and the preliminary landscape plan submitted and approved by the Planning Commission and marked Exhibit "A-1" and shall be submitted to the Community Development Director prior to issuance of any building permits. Fence details, tree staling, soil preparation, planting details and the automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. I a.14 Is Ili 12. All slope planting and irrigation and revegetated areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that the planting is in satisfactory condition. 13. Exterior grading and construction activities (framing and roofing, 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. 14. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00 p.m. All equipment staging areas shall be located 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. 15. Dust control mitigation measures shall comply with EIR 92-2 and shall be included and enforced under the mitigation monitoring program approved by the Community Development Director. 16. 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 two (2) years after the expiration of the appeal period. A one year extension may be requested and granted. 17. The applicant shall pay all and processing fees prior to issuance of the grading permit or as required by the Community Development Director. All Mitigation Monitoring Program (MMP) fees be deposited with the City prior to issuance of a grading permit and shall all costs related to the ongoing monitoring shall be secured by the City prior to Final Map approval. 18. The applicant shall pay development fees (including, but not limited to, Planning, Building and school fees) at the established rates, prior to issuance of Building or Grading Permits, as required by the Community Development and Public Works Directors. 19. The location of the fences and retaining walls demarcating the construction rights prohibited area shall be clearly delineated on the final map and the location line clearly shown on the final map. 20. Comply with all conditions of approval listed by the Engineering Dept. as exhibited on Exhibit "B-2." 21. Prior to the issuance of a Grading Permit, a complete hydrology and hydraulic study C:=W".M MCI shall be prepared by a Registered Civil Engineer to the satisfaction of the City Engineer. 22. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed to the satisfaction of the Community Development Director and City Engineer. 23. All down drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. 24. The applicant shall contribute a pro rata share for the study of Tonner Canyon and SEA No. 15. 25. The property shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlements granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by a refuse hauler who has obtained a permit for such refuse hauling from the City of Diamond Bar. It shall be the applicant's obligation to insure that the waste hauler utilized is one which has obtained permits from the City of Diamond Bar. 26. All residences will be required to receive approval via the Development Review process by the Planning Commission prior to issuance of building permits. 27. Any lighting fixtures adjacent to interior property lines shall be approved by the Community Development Director as to type, orientation and height. 28. A variety of materials and colors shall be used on the proposed houses to the satisfaction of the Community Development Director. 29. This grant shall be null, void and of no effect if the Council of the City of Diamond Bar fails to approve Vesting Tentative Tract Map No. 51169. 30. The Owner shall make application to Diamond Bar Country Estates Association to annex this subdivision to that association. The owner shall not be required to pay annexation, access and use fees of more than $12,000 per residential lot. Qom, MCVn0DW.X= 4 EXHIBIT "B-2" November 15, 1994 C. ENGINEERING REQUIREMENTS: Applicant shall submit a title report/guarantee and a subdivision guarantee showing all fee owners and interest holders when a final map is submitted for map check. The account with the title company shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee must be submitted ten (10) working days prior to final map approval. 2. All easements existing prior to final map approval must be identified and shown on the final map. 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. Portions of the existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the Subdivision, practical access for the intended use. 4. Applicant shall submit recorded document(s) indicating the project will have proper/adequate right -entry to the subject site from "The Country". 5. The tract shall be annexed to Landscape Maintenance District 38. 6. All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, intersections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the satisfaction of the City Engineer. Centerline monument ties shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of building permits. 7. If any required public improvements have not been completed by Subdivider and accepted by the City prior to the approval of the final map, Subdivider shall enter into a subdivision agreement with the City and shall post the appropriate security. Applicant shall submit to the City Engineer for approval the total cost estimate for bonding purposes of all public improvements, prior to approval of the final map. 8. All site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer prior to final map approval. 9. 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. Q-UJ771XSUU 0LflNGCYAFU"P.MS 5 EXHIBIT "B-2" 10. House numbering plans shall be approved by the City Engineer prior to issuance of building permits. 11. The detail drawings and construction notes shown on the submitted tentative map and plans are conceptual only and the approval of this map does not constitute approval of said drawings and notes. 12. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable grading practices. The precise grading plan shall be in substantial conformance with the grading plan approved as a material part of the tentative map. The maximum grade of driveways serving building pad areas shall be 15%. 13. All landslide debris shall be completely removed prior to fill placement as required by the final approved geotechnical report. 14. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. 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) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; projection plane shall have a minimum safety factor of 1.5. (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. (c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. (d) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. (e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. (f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. (g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. (h) 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. 15. Grading plans shall be prepared in a 24"X36" 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. CiUMM C5VtMUMCCYBlDW-RM EXHIBIT "B-2" 16. Grading plans must be signed and stamped by a California registered Civil Engineer, Geotechnical Engineer and Engineering Geologist. 17. All identified flood and geologic hazard areas within the 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. 18. 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. 19. 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. 20. 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 entering, leaving, or within a parcel relative to which a building permit is requested. 21. All slope banks in excess of five (5) feet in vertical height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 22. Street improvement plans in a 24" X 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width of Gullrock Lane shall be required as shown on the tentative map. No street shall exceed a maximum slope of 12%. 23. 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. 24. The Subdivider shall make an irrevocable offer to dedicate to the City an easement for future street purposes 30 feet wide (for half of a future 60 -foot wide roadway) along the centerline extension of Gullrock Lane from the southerly terminus of the private street to the southerly tract boundary. 25. Aggregate base and rubberized asphalt pavement shall be constructed on all streets, and access road to pump station and urban pollutant basin, in accordance with City approved soils report and as approved by the City Engineer. Vehicular access must be GuzTnmsxuwL7mccrmmw.ms 7 EXHIBIT "B-2" provided to all urban pollutant basins and the pump station with a minimum width easement of 20', with 12' of pavement at a maximum slope no greater than 20%. 26. A final drainage study and final drainage/storm drain plans in a 24" X 36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. The private storm drain facilities shall be maintained by the homeowners association and this shall be assured through the CC&R's. 27. No underground utilities shall be constructed within the drip line of any mature tree except as approved by a registered arborist. 28. Prior to finalization of any development phase (if any), sufficient street and drainage 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. 29. Prior to the issuance of any permit to grade and 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. 30. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer serving the tract shall be connected to the City 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. 31. The applicant shall obtain connection permits from the City 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 and pump station must be offered for dedication prior to approval of the final map. 32. The Subdivider, at Subdivider's sole cost and expense, shall construct the sewer system and pump station in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards. 33. Traffic improvement plans, as necessary, shall be prepared by a registered Traffic Engineer in a 24" X 36" sheet format and shall be submitted to and approved by the City Engineer. Traffic control, signing and striping plans shall be prepared in accordance with requirements of the State of California Traffic Manual prior to approval of final map. C.MMCCrEN.jW EXHIBIT "B-2" approval. 34. Intersection line of sight designs shall be submitted to the City Engineer for signal at of a 35. The Subdivider shall contribute $6,500 toward the installation on Drive priory ffapp oval of intersection of Diamond Bar Boulevard and ShadowY the final map. nstruction of ong the 36. The Subdivider shall contribute $2,000 toward the Shadow Canyon, sidewalks from the east side of Diamond Bar Boulevard, southerly pval of the final map. Country Hills ShoppingCenter prior to approval Subdivider shall provide separate underground utility nservices to each lot, including with the respective 37' Power, telephone, and cable TV, water, gas, electric po provided as required by utility utility company standards. Easements shall be companies and approved by the City Engineer. Applicant shall relocate existing utilities as necessary. Facilities within that easement 38 PP to allow telephone owned by General Telephone shall be relocated as necessary expense, cause company to relinquish its easement. Subdivider shall, at it's own telephone company to relinquish for public utility Easements, satisfactory to the City Engineer and the utilitoylCompanies, thefinal map for dedication and public services purposes ses shall be offered and show to the City. Prior to submittal of the final map, written certifications shall be submitted to the City 40. GTE SCE, SCG and Jones Intercable Engineers from Walnut Valley Water District, riot to issuance of building permits, stating that adequate facilities are or will be, p vailable to serve the proposed project and they have no objection to recording of the a map. e of delivering reclaimed water to 41. Subdivider shall install main and seryice lines �Plas areas for which the HOA is those portions of the subdivision which are designated for irrigation and/or landscape maintenance. The system shall be designed responsible to the specifications of n of the City the Walnut Valley Water District available at the site, the design Engineer. As a reclaimed water supply is not curt y shall provide for switchover from domestic service to reclaimed service at such time as it is available. the Subdivider shall submit to the Engineering Department, 42. After the final map records, of the recorded map. Final at no cost to the City, a full size reproducible copy of the recorded approval of the public improvements will not be given until the copy map is received by the Engineering Department. 9 C.UZrn R1%X—LT---IAP. US EXHIBIT "B-2" rt and plans for approval 43. Subdivider shall submit a final ,as graded" geotechnical repo Engineer, prior to approval of rough and final grading and before issuance by the City Eng of any building permits. Applicant shall show, on the final map, an easterly alignment of Gullrock Lane 44. App to avoid any southerly from the intersection with Blaze n rail (adjacent area to thet satisfaction on of the City potentially unstable geotechnical fom►a 0 realignment not be Engineer and Community Development Director. Should such Teg the to r approved or completed by the applicant prior ecordation of the final map, eotecant l concerns to the satisfaction of the City subdivider shall mitigate any g Engineer. 10 cUxn-- L1M, rWU"P.xW EXHIBIT "B-311 VIM 51169 CONDITIONS OF APPROVAL November 15, 1994 D. FIRE DEPARTMENT REQUIREMENTS 1. This property is located within the areas described by the Forester and Fire Warden as Fire Zone 4 and future construction must comply with acceptable Code requirements. 2. Provide water mains, fire hydrants, and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded. 3. Provide Fire Department and City approved street signs, building address numbers prior to occupancy. 4. Fire department access shall be extended to within 150 feet distance of any portion of structure to be built. 5. Access shall comply with Section 10.207 of the Fire Code which requires all weather access. All weather may require paving. 6. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for fire Department use. Where topography dictates, turnarounds shall be provided which shall extend over 150 feet. 7. The private driveways shall be indicated on the final map as Fire Lane and shall be maintained in accordance with the Los Angeles County Fire Code, particularly related to lot No. 4 and 5. S. Provide 20 feet paved width for driveways serving lot No. 4 and 5. Grades shall not exceed 15 percent. 9. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access will be provided and maintained serviceable throughout construction. 10. The required fire flow for the public fire hydrants at this location is 1000 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand. 11. The applicant shall install four (4) public fire hydrants. GA"WLTMrVM 11 EXHIBIT "B -3'f 12. All hydrants shall measure 6" X 4" X 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25 feet from a structure or protected by a two (2) hour fire wall. 13. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. QUZ7n= ffSMJM,..S 12 O 0s0 < Y v u G U Z. G = O Jo> OOiQU pl�iil I N z i ( m O W zYO �FOULL� X00 OQOO m N nC\u U O W(7OJ I- I 1 1 I 1 I C C V O . a W = z r �<= Gr L< O�O<rQ00OU I I I I I 1 I J Ln 0� NN Z y9y11 W GOL Q UU� Jii I I 1 1 1 W r Z�- ��]�((� ZZ a W W C m 0 < Z u W' U (y > W W Q r Q Oma__ 0< OF. Gi �� UCTJ�c:<Zm V/a00wz— aW 3v mG9�Q i i Z a ry0 �n 88 M Nt LL W M. o< W 1 I y m < m W C U U Q U p'=NWhW CmGtpLmA^t^Z�=Q'mwg'6n� C1- mW m^G-;cJJ - .VN V/VO<bLO'�= Z C o>QI III QU SO C1\vOOD WOGI OII I IJi 1 0¢N WNJ!\ OWO7J LGL Oj�1C ?Z <Q m ZOJ WCWCJ.� 20ZUliJOVOLU` :W Wa F. 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E q-3 I IZ c�;c°;coc$cm�Nm=q�E'. 1 IW V"-CDnn-`ten An.m CnC Cpn CuIOV 1 Z C y U y u o m m n m m a m m m m g m m o m m p L gqmwioEm�a'�ppmismmwEmEcmE%'EEZ lo Z < u L m U J ti U E u g U 6 u m -.2 m m V m T.9 m V j y� < ¢W C .c�o�4 o$jc o�O�oa 4aof U U) C a f. C 9 9 C U C- C n C E 3 °w0 O 0000 _O .O 00,✓ 4 4 titWA 4,z ! * � , s A6 t 101. . .. . . I . I I I — 1 •.. 1. . 1� 1. r . . I — I . .,.- . 'I I I . . a, 490,v faq 1p .1, Al , I,: , , zH RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA CERTIFYING OF ENVIRONMENTAL IMPACT REPORT NO. 92-2 AND APPROVING HILLSIDE MANAGEMENT AND SIGNIFICANT ECOLOGICAL AREA CONDITIONAL USE PERMIT NO. 92-3 AND OAK TREE PERMIT NO. 92-3, FOR A PROJECT LOCATED WITHIN SEA NO. 15, SOUTHERLY AND EASTERLY OF BLAZE TRAIL DRIVE IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) Hunsaker and Associates, acting as authorized agent for the applicant, Unionwide, Inc., 2130 Rockridge Court, Fullerton, California, has heretofore filed an application for certification of a Environmental Impact Report No. 92-2 (SCH NO. 92121069) and Hillside Management and Significant Ecological Area Conditional Use Permit No. 92-3 and Oak Tree Permit No. 92-3, as described in the title of this Resolution. Hereinafter 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. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar by adopting its Ordinance No. 1, thereby adopted the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Action was taken on this application, as to consistency to the proposed General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension of Time granted pursuant to California Government Code Section 65360 and 65361(a). (iv) On November 1, 1994, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of C: UrMRSUlRSOLTMCC51I69.RRS 1 Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the project has been required to prepare an Environmental Impact Report in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, this Council has reviewed and considered the information in reference to the application. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, no unmitigated significant adverse environmental effects will result. 4. Based on the substantial evidence presented to this Council during the above referenced public hearing on November 1, 1994, and concluded on that date, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of California Government Code Sections 65360 and 65361(a), this Council hereby specifically finds as follows: (a) The 13 unit, 20 acre, project is located within SEA NO. 15 at the southeasterly terminus of Blaze Trail Drive, adjacent to the eastern boundary of the private gated community known as "The Country" as shown within Exhibit "A", Vesting Tentative Tract Map No. 51169. (b) The use is compatible with adjacent uses and is in compliance with the zoning standards, the 1992 General Plan, and the mitigation measures cited in the SEATAC Final Report and EIR No. 92-2. (c) The surrounding land uses to the north and west are single family residential and to the south and east the land is primarily vacant and natural. (d) The subject property is a vacant undeveloped parcel that has historically been grazed by cattle and is currently disced, in compliance with the County of Los Angeles Fire Code for areas located in Fire Zone 4, for purposes of fuel modification. (e) The site is sufficient in size and can provide adequate ingress and egress to allow single family development in character with surrounding current land uses. c: UZTMJtS=3OLMCCSJJOJWs (f) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Notification of the property owners within a 500 foot radius was completed by mail. (g) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of the neighboring ex- isting and future developments, and will not create significant traffic or pedestrians hazards; (h) The subject site lies within the 1992 General Plan Rural Residential (RR) land use designation. (i) The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors because the design and layout of the project provides a safe and aesthetically pleasing environment. 0) The proposed use will not be detrimental to the public health, safety or welfare or be materially injurious to the properties or improvements in the vicinity because the development will improve the vacant site and remove deleterious and illegal dumping and improve the maintenance of the site. (k) Granting the conditional use permit and oak tree permit with conditions and restrictions hereinafter mentioned are in substantial conformance with the General Plan; as approved in 1992 and the Draft 1994 General Plan. (1) There is little or no probability that the subdivision of said real property, as proposed in the application will be a substantial detriment to, and interfere with, the implementation of the draft General Plan for the area surrounding the project of the site; and (m) The application, as proposed will and conditioned herein, complies with all other applicable requirements of state and local ordinances. (n) The proposed site has adequate traffic access and said site is adequately served by other public or private service facilities which it requires, and; (o) The location of the proposed land use does not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, and will not be materially detrimental to the use, C vBrrsssuesSOMMCCSI MS 3 enjoyment, or valuation of property of other persons located in the vicinity of the site, and will not jeopardize, endanger, or otherwise con- stitute a menace to the public health, safety or general welfare. (p) The Planning Commission for the City of Diamond Bar conducted a duly noticed public hearing for the project on June 13, 1994. Subsequent to that public hearing on July 25, 1994, the Commission adopted Resolutions recommending approval of the applications to the City Council. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves the applications subject to the restrictions and conditions listed on the attached Exhibits "B-1", "B-2", and "B-3". 6. The City Clerk is hereby directed to : (a) certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to the applicant at the address on file with the City Approved and adopted this the 15th day of November, 1994 by the City Council of the City of Diamond Bar. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 15th day of November, 1994, by the following vote -to -wit: aIUTMXS=5OL7wcc5rIO.Bas 4 AYES: [COUNCIL MEMBERS:] NOES: [COUNCIL MEMBERS:] ABSTAIN: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] yl�.w City Clerk of the City of Diamond Bar CI rMjtsuws0L7MCCS1169."s EXIMIT "B-1" November 15, 1994 CONDITIONAL USE PERMIT NO. 92-3 and OAK TREE PERMIT NO. 92-3 CONDITIONS OF APPROVAL A. PLANNING REQUMEMIENTS 1. The final map shall substantially conform to the tentative tract map submitted to and approved by the Planning Commission and indicated as Exhibit "A" . The subdivision is for a 13 residential lot and one lettered lot division of property. 2. The vesting tentative map is approved with the incorporation of suggested mitigation conditions listed in the SEATAC Final Report (dated May 18, 1994) and included in the Response to Comments. 3. The mitigation monitoring program outlined within Environmental Impact Report No. 92-2 (SCH NO. 92121069) shall be submitted to and approved by the by the Community Development Director prior to the issuance of the grading permit. 4. The final landscape plan shall substantially comply with the recommendations of the Final SEATAC Report, EIR 92-2, and the preliminary landscape plan submitted and approved by the Planning Commission and marked Exhibit "A-1" and shall be submitted to the Community Development Director prior to issuance of any building permits. Fence details, tree staking, soil preparation, planting details and the automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. 5. The tentative tract maps are approved with the road plan with grades in excess of 12% and lengths in excess of 1000 feet for the extension of Blaze Trail Drive, Gullrock Lane, and Street "A". 6. Conditions, Covenants, and Restrictions (CC&R's) and Articles of Incorporation of Homeowner's Association are required and shall be provided to the Community Development Director and the City attorney for review and approval prior to recordation of the final map. A Homeowners Association (HOA) shall created and responsibilities thereof shall be delineated within said CC&R's. The CC&R's and Articles of Incorporation shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. Additionally, the applicant shall prepare and submit to the Community Development Director a Buyer Awareness Package for review and final approval. Thereafter, the purchaser of any lot is required to receive a copy of the B:\VTM51169. CON 6 EXHIBIT 'B -I " Package and the list shall be kept by the developer for review. 7. The project shall be designed so as to substantially comply with the CC&R's implemented by the adjacent development heretofore known as "The Country". The CC&R's should incorporate at a minimum, provisions which would establish a maintenance program for urban pollutant basins, and all mitigation measures within the Mitigation Monitoring Program, such that wildlife movement corridors are left in an undisturbed and natural state. 8. The grading plan shall be in substantial conformance with the tentative tract map as approved by the Planning Commission. The approved tentative tract map and Hillside Management Ordinance shall supersede and all other standards and requirements relating to the project. Surety bonds shall be posted to the satisfaction of the City Engineer and the City Attorney. 9. Exterior grading and construction activities (framing and roofing, 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. 10. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00 p.m. All equipment staging areas shall be located 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. 11. Dust control mitigation measures shall comply with EIR 92-2 and shall be included and enforced under the mitigation monitoring program approved by the Community Development Director. 12. A copy of the CC&R's and Articles of Incorporation of the Homeowners Association, subject to the approval of the City Attorney, shall be recorded with this map and placed on file with the Planning Department. 13. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances and regulations in effect at the time of issuance of building permits. 14. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed to the satisfaction of the City. B:\VTM51169.CON 7 EXHIBIT "B -I " 15. 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 two (2) years after the expiration of the appeal period. A one year extension may be requested and granted. 16. The applicant shall pay all environmental review and processing fees prior to issuance of the grading permit or as required by the Community Development Director. 17. The applicant shall pay development fees (including, but not limited to, Planning, Building, Park, and school fees) at the established rates, prior to issuance of Building Permits, as required by the Community Development Director. 18. Dwelling units in excess of 5,000 square feet of gross floor area shall have minimum side yard setbacks of (10) feet and fifteen (15) feet from the edge of the buildable pad. 19. All black walnut trees removed as result of this project shall be replaced at a ratio of 2:1, preferably along the edge of the property to provide a buffer for Significant Ecological Area (SEA) No. 15, to the extent that a quality habitat can be recreated. Upon review by the City, a determination of the value of the replacement trees and the associated costs of planting and maintenance will be calculated for the number of trees not planted on-site. An in -lieu fee will then be determined and deposited, by the applicant, with the City for restoring a walnut woodland in the SEA or to fund community benefits programs. This fee must be submitted to the City prior to issuance of grading permits. Replacement trees will require a minimum 5 gallon container and shall be maintained in compliance with the MMP. 20. The oak tree identified on-site shall be transplanted and relocated to a location identified on the final landscape plan. The tree shall thereafter be maintained in a healthful condition for a period of five (5) years. In the event that the tree does not survive, the applicant or representative shall plant and maintain four (4) 25 gallon oak trees in the same manner the black walnuts are to be maintained. 21. The location of the fences and retaining walls demarcating the construction rights prohibited area shall be clearly delineated on the final map and the location line clearly shown on the final map. 22. Comply with all mitigation measures listed by the Engineering Dept. as exhibited on "Exhibit B-1." 23. Prior to the issuance of a Grading Permit, a complete hydrology and hydraulic study shall be prepared by a Registered Civil Engineer to the satisfaction of the City Engineer. B:\VTM51169.CON 8 EXHIBIT "B-1 " 24. All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that the planting is in satisfactory condition. 25. All off-site, landscaping, grading, and other improvements shall be completed prior to the occupancy of any unit. 26. All residences will be required to receive approval via the Development Review process by the Planning Commission prior to issuance of building permits. 27. The development of future residential structures shall incorporate: a. Building forms complementary to the hillside character. b. Building facades utilizing plane and architectural treatments to modulate and reduce massive forms. C. Vary roof pitches to avoid a monotonous application while reflecting the naturally occurring ridgeline silhouettes. Avoid flat roofs. d. Avoid cantilevered construction, exposed structures, and stem wall construction. e. All proposed roofing material shall provide variation in color, thickness, and architectural style. A composite sample shall be submitted to and approved by the Planning Division prior to issuance of building permits. f. A variety of materials and colors shall be used on the proposed houses to the satisfaction of the Community Development Director. g. Residential development standards contained within the Hillside Management Ordinance (Ord. No. 14A (1990) ). h. All dwelling units shall have front, side and rear elevations upgraded with architectural treatment, detailing and substantial delineation of surface treatments subject to City Development Review. 28. Residential dwelling units shall utilize varying setbacks incorporating: a. Front yard setbacks, measuring not less than 25 feet from the front property line. b. Side yard setbacks of not less than 10 feet and 15 feet from the edge of the buildable pad. The distance between dwelling units shall be a minimum of 40 feet. C. Rear yard setbacks of not less than 25 feet from the edge of the buildable pad. d. Accessory structures may be permitted utilizing setback distances from the edge of pad consistent with the residential zoning designations for the BAVTM51169.00N EXHIBIT 'B-1 " property at the time of permit issuance. 29. All ground -mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Community Development Department. 30. The construction staging area, including building pad, material stock pile and equipment storage areas, shall be enclosed with a maximum 6' fence of chain link or similar material. All access points in the fence shall be locked whenever the construction site is supervised. 31. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet at all times during construction in accordance with Fire Department requirements. 32. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, pending completion of the required fire protection system. 33. The discharge of sewage from this land division into the public sewer system must not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. A letter of compliance from the California Water Quality Control Board must be submitted to the City prior to construction permits. 34. Based on soils and hydrology studies the applicant shall provide a plan for review and approval by the City Engineer/Public Works Director and the co -permittees related thereto pursuant to the MPDES. 35. The urban pollutant basins should be maintained by the developer or it's successor in interest in conformance with, and to all applicable standards. The developer shall convey to the City the nonexclusive right to maintain at its sole election such urban pollution basins in the event the party responsible fails to so maintain said basins. 36. This grant shall be null, void and of no effect if the Council of the City of Diamond Bar fails to approve Vesting Tentative Tract Map No. 51169. B:\VTN31169.CON 10 EXHIBIT "B-2" November 15, 1994 CONDITIONAL USE PERMIT NO. 92-3 and OAK TREE PERMIT NO. 92-3 CONDITIONS OF APPROVAL B. ENGINEERING REQUIREMENTS: Applicant shall submit a title report/guarantee and a subdivision guarantee showing all fee owners and interest holders when a final map is submitted for map check. The account with the title company shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee must be submitted ten (10) working days prior to final map approval. 2. All easements existing prior to final map approval must be identified and shown on the final map. 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. Portions of the existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the Subdivision, practical access for the intended use. 4. Applicant shall submit recorded document(s) indicating the project will have proper/adequate right -entry to the subject site from "The Country". 5. The tract shall be annexed to Landscape Maintenance District 38. 6. All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, intersections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the satisfaction of the City Engineer. Centerline monument ties shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of building permits. 7. If any required public improvements have not been completed by Subdivider and accepted by the City prior to the approval of the final map, Subdivider shall enter into a subdivision agreement with the City and shall post the appropriate security. Applicant shall submit to the City Engineer for approval the total cost estimate for bonding purposes of all public improvements, prior to approval of the final map. B:\VTM51169.00N 11 EXHIBIT "B-2" 8. All site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer prior to final map approval. 9. 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. 10. House numbering plans shall be approved by the City Engineer prior to issuance of building permits. 11. The detail drawings and construction notes shown on the submitted tentative map and plans are conceptual only and the approval of this map does not constitute approval of said drawings and notes. 12. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable grading practices. The precise grading plan shall be in substantial conformance with the grading plan approved as a material part of the tentative map. The maximum grade of driveways serving building pad areas shall be 15%. 13. All landslide debris shall be completely removed prior to fill placement as required by the final approved geotechnical report. 14. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. 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) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; projection plane shall have a minimum safety factor of 1.5. (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. (c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. (d) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. (e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. (f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. BAWAB1169.CON 12 EXHIBIT 11B-2" (g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. (h) 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. 15. Grading plans shall be prepared in a 24"X36" 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. 16. Grading plans must be signed and stamped by a California registered Civil Engineer, Geotechnical Engineer and Engineering Geologist. 17. All identified flood and geologic hazard areas within the 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. 18. 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. 19. 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. 20. 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 entering, leaving, or within a parcel relative to which a building permit is requested. 21. All slope banks in excess of five (5) feet in vertical height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 22. Street improvement plans in a 24" X 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width of Gullrock Lane shall be required as shown on the tentative map. No street shall exceed a maximum slope of 12%. B:\VTM51169.CON 13 EXHIBIT "B-2" 23. 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. 24. The Subdivider shall make an irrevocable offer to dedicate to the City an easement for future street purposes 30 feet wide (for half of a future 60 -foot wide roadway) along the centerline extension of Gullrock Lane from the southerly terminus of the private street to the southerly tract boundary. 25. Aggregate base and AC pavement shall be constructed on all streets, and access road to pump station and urban pollutant basin, in accordance with City approved soils report and as approved by the City Engineer. Vehicular access must be provided to all urban pollutant basins and the pump station with a minimum width easement of 20', with 12' of pavement at a maximum slope no greater than 20%. 26. A final drainage study and final drainage/storm drain plans in a 24" X 36" sheet format shall be submitted to and approved by the City Engineer prior to final map approval. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. The private storm drain facilities shall be maintained by the homeowners association and this shall be assured through the CC&R's. 27. No underground utilities shall be constructed within the drip line of any mature tree except as approved by a registered arborist. 28. Prior to finalization of any development phase (if any), sufficient street and drainage 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. 29. Prior to the issuance of any permit to grade and 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. 30. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer serving the tract shall be connected to the City 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. BAWN6116MON 14 EXHIBIT "B-2" 31. The applicant shall obtain connection permits from the City 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 and pump station must be offered for dedication prior to approval of the final map. 32. The Subdivider, at Subdivider's sole cost and expense, shall construct the sewer system and pump station in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards. 33. Traffic improvement plans, as necessary, shall be prepared by a registered Traffic Engineer in a 24" X 36" sheet format and shall be submitted to and approved by the City Engineer. Traffic control, signing and striping plans shall be prepared in accordance with requirements of the State of California Traffic Manual prior to approval of final map. 34. Intersection line of sight designs shall be submitted to the City Engineer for approval. 35. The Subdivider shall contribute $6,500 toward the installation of a traffic signal at intersection of Diamond Bar Boulevard and Shadow Canyon Drive prior to approval of the final map. 36. The Subdivider shall contribute $2,000 toward the construction of sidewalks along the east side of Diamond Bar Boulevard, southerly of Shadow Canyon, across from the Country Hills Shopping Center prior to approval of the final map. 37. Subdivider shall provide separate underground utility services to each lot, including water, gas, electric power, telephone, and cable TV, in accordance with the respective utility company standards. Easements shall be provided as required by utility companies and approved by the City Engineer. 38. Applicant shall relocate existing utilities as necessary. Facilities within that easement owned by General Telephone shall be relocated as necessary to allow telephone company to relinquish its easement. Subdivider shall, at it's own expense, cause telephone company to relinquish this easement. 39. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 40. Prior to submittal of the final map, written certifications shall be submitted to the City Engineers from Walnut Valley Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be, prior to issuance of building permits, B:\VTM51169.CON 15 EXHIBIT "B-2" available to serve the proposed project and they have no objection to recording of the map. 41. Subdivider shall install main and service lines capable of delivering reclaimed water to those portions of the subdivision which are designated as areas for which the HOA is responsible for irrigation and/or landscape maintenance. The system shall be designed to the specifications of the Walnut Valley Water District and satisfaction of the City Engineer. As a reclaimed water supply is not currently available at the site, the design shall provide for switchover from domestic service to reclaimed service at such time as it is available. 42. After the final map records, the Subdivider shall submit to the Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements will not be given until the copy of the recorded map is received by the Engineering Department. 43. Subdivider shall submit a final "as graded" geotechnical report and plans for approval by the City Engineer, prior to approval of rough and final grading and before issuance of any building permits. 44. Applicant shall show, on the final map, an easterly alignment of Gullrock Lane southerly from the intersection with Blaze Trail (adjacent to Lots 2 and 3) to avoid any potentially unstable geotechnical formations in this area to the satisfaction of the City Engineer and Community Development Director. Should such realignment not be approved or completed by the applicant prior to recordation of the final map, the subdivider shall mitigate any geotechnical concerns to the satisfaction of the City Engineer. B:\VTM51169.CON 16 EXHIBIT "B-3" CONDITIONAL USE PERMIT NO. 92-3 November 15, 1994 and OAK TREE PERMIT NO. 92-3 CONDITIONS OF APPROVAL C. FIRE DEPARTMENT 1. This property is located within the areas described by the Forester and Fire Warden as Fire Zone 4 and future construction must comply with acceptable Code requirements. 2. Provide water mains, fire hydrants, and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded. 3. Provide Fire Department and City approved street signs, building address numbers prior to occupancy. 4. Fire department access shall be extended to within 150 feet distance of any portion of structure to be built. 5. Access shall comply with Section 10.207 of the Fire Code which requires all weather access. All weather may require paving. 6. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for fire Department use. Where topography dictates, turnarounds shall be provided which shall extend over 150 feet. 7. The private driveways shall be indicated on the final map as "Fire Lane" and shall be maintained in accordance with the Los Angeles County Fire Code, particularly related to lot No. 4 and 5. 8. Provide 20 feet paved width for driveways serving lot No. 4 and 5. Grades shall not exceed 15 percent. 9. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access will be provided and maintained serviceable throughout construction. 10. The required fire flow for the public fire hydrants at this location is 1000 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand. VTM NO. 51169 17 EXHIBIT "B-3" 11. The applicant shall install four (4) public fire hydrants. 12. All hydrants shall measure 6" X 4" X 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25 feet from a structure or protected by a two (2) hour fire wall. 13. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. VIM NO. 51169 18 n1 11 1 z -�c I t� I y z y 11 1 Z e o � c Ai Z a0 alti'� \ N O jrC ` Oc N m U �Y0 NcOULL� 1 1j 1 v¢ C H O p w V C w U O I I I I I I < G r L p< yL wE. uV- p3002 Ors II II 11 II I1 II I1 Oti J wZ N y J Jay /�► 1 I I 1 1 I OZ 9 VGLLL Q W UV N W Z Z r 0< j ORDINANCE NO. (1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE A-2-2 (HEAVY AGRICULTURE) ZONE TO THE R-1-40,000 (SINGLE FAMILY RESIDENCE) ZONE. (ZONE CHANGE NO. 92-2). A. Recitals. (i) Hunsaker and Associates, acting as authorized agent for the applicant, Unionwide, Incorporated, 2130 Rockridge Court„ Fullerton, California, has heretofore filed an application to amend the official zoning map of the City of Diamond Bar, reclassifying certain real property, described as recorded in the Office of the County Recorder of Los Angeles County as Parcels 14 of Parcel Map No. 1528 as per map recorded in Book 26 Pages 19-30, inclusive of Parcel Maps in the County of Los Angeles and generally located at the terminus of Blaze Trail Drive (Said "real property" hereinafter in this Ordinance). (ii) Attached hereto, marked Exhibit "A" and by this reference incorporated herein, is a proposed official zoning map amending the official zoning map of the City of Diamond Bar by reclassifying said real property from Heavy Agriculture (A-2-2) Zone to Single Family Residence (R-1-40,000) Zone, as proposed by the applicant. On April 18, 1989, the City of Diamond Bar was established as a duly organized Municipal Corporation of the State of California. On said date, pursuant to the requirements of California Government Code Section 57376, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 22 of the Los Angeles County Code (as subsequently amended by Ordinance Nos. 15 and 15A of the City of Diamond Bar) contains 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. (iv) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the Draft and contemplated General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension granted pursuant to California Government Code Section 65361. 1 (v) On June 13, 1994, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. On July 25, 1994, the Planning Commission adopted Resolution No. 94-17 recommending City Council approval of the application. (vi) On November 15, 1994, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with respect to the subject application and concluded said hearing on that date. (vii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does find, determine and ordain as follows: Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Section 2 The City Council specifically finds that the project was reviewed by the City of Diamond Bar and an Environmental Impact Report 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 said Environmental Impact Report reflects the independent judgement of the City of Diamond Bar as certified by the City Council of the City of Diamond Bar. Section 3. The City Council hereby specifically finds and determines that, based upon the findings set forth herein -below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant environmental effects will occur. ection 4. The City Council finds that the facts supporting the above specified findings are set forth in the Environmental Impact Report, the staff report and exhibits appended thereto, and the information provided to this City Council during the public hearing conducted with respect to the project and the Environmental Impact Report. Section 5 Based on the substantial evidence presented to this Council during the above -referenced public hearing on November 1, 1994, and concluded on that date, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of California Government Code Sections 65360 and 65361(a), this Council hereby specifically finds as follows: (a) The project is located within SEA NO. 15 at the southeasterly terminus of Blaze Trail Drive, adjacent to the eastern boundary of the private gated community known as "The Country". (b) The proposed zone classification is compatible with adjacent zone classifications and is in compliance within the RR, Rural Residential, Classification of the 1992 General Plan and the contemplated Draft 1994 General Plan. (c) The surrounding land uses to the north and west are single family residential and to the south and east the land is primarily vacant and natural. (d) The subject property is a vacant undeveloped parcel that has historically been grazed by cattle is currently disked for compliance with the County of Los Angeles Fire Code for areas located in Fire Zone 4. (e) The site is sufficient in size and can provide adequate ingress and egress to allow single family development in character with surrounding current land uses. (f) That the pattern of land and zoning in the area of the project has consistently transitioned into one (1) acre estate residential development and there is a proposed residential development project, which together, warrant the modification of the zone classification. (g) That a need for the proposed zone change classification exists within the area in order that a consistent pattern of land use and land use classification will occur in the area of the project. (h) The location of the proposed zoning does not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, and will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site, and will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare, and is in conformity with good zoning practice.. (i) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Notification of the property owners within a 500 foot radius was completed by mail. Section 6, The City Council finds that the proposed zone change is consistent 3 Section The City Council finds that the proposed zone change is consistent with the findings contained within Section 22.16.150 of the County Code. Section 7. The Official Zoning Map of the City of Diamond Bar is hereby amended to reclassify that certain real property, hereinabove described, from the A-2-2 (Heavy Agriculture) Zone to the R-1-40,000 (Single Family Residence) Zone, all as set forth in the Zoning map attached hereto as Exhibit A and by this reference incorporated herein. Section The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this 15th day ofv m r, 1994. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November, 1994, by the following vote: AYES: [COUNCIL MEMBERS:] NOES: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] ABSTAINED: [COUNCIL MEMBERS:] ATTEST: C.. V,&77wp-q S0j"VKH74MORD City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. fLL TO: Terrence L. Belanger, City Manager MEETING DATE: November 15, 1994 REPORT DATE: November 10, 1994 FROM: Bob Rose, Community Services Director TITLE: Americans With Disabilities Act (A.D.A.) Retro -fit of Maple Hill Park. SUMMARY: The Americans With Disabilities Act of 1991 requires public parks to be accessible to the physically challenged. Maple Hill Park is the first park targeted in Diamond Bar for retro -fitting to meet A.D.A. accessibility requirements. Phase I of the retro -fit project includes an accessible Tot lot, restrooms and parking lot. Total budget for this project is $181,000. The conceptual plans have been completed, and staff seeks City Council approval of these conceptual plans prior to proceeding with the completion of construction drawings and project specifications. RECOMMENDATION: The Parks and Recreation Commission and staff recommends that the City Council approve the conceptual plan for the A.D.A. retro -fit of Maple Hill Park and direct staff to have the construction drawings and project specifications completed by the contract landscape architect, R.J.M. Design Group, tnc. in an amount not to exceed $10,000. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification Ordinance(s) X Other: (bncPntual Plans Parks and n rcLC Vll L�1111Minu4 oftes 4/28 & 10/26/94. AJ 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 vote? X Yes No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? X Yes No Which Commission? Parks & Recreation Commission 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Bel g Frank M. Usher b ose City Manager Assistant City Manager Community Services Dir. CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Americans With Disabilities Act (A.D.A.) Retro -fit of Maple Hill Park ISSUE STATEMENT: Shall the City Council approve the conceptual plan for the A.D.A. retro -fit of Maple Hill Park and direct staff to have the construction drawings and project specifications completed by the contract landscape architect, R.J.M. Design Group, Inc. in an amount not to exceed $10,000. RECOMMENDATION: The Parks and Recreation Commission and staff recommends that the City Council approve the conceptual plan for the A.D.A. retro -fit of Maple Hill Park and direct staff to have the construction drawings and project specifications completed by the contract landscape architect, R.J.M. Design Group, Inc. in an amount not to exceed $10,000. FINANCIAL SUMMARY: There is $181,000 budgeted in the 1994-95 Fiscal Year C.D.B.G. budget for this project. The first phase was originally estimated to cost $200,088. Reduction in the scope of the tot lot and new landscaping will insure that the cost of phase I of the project stays within the adopted budget. R.J.M. Design Group is under contract with the City of Diamond Bar for on-call landscape architect services, for an amount not to exceed $25,000. They were awarded the contract by the City Council in November, 1993, after a competitive R.F.P. process with 20 other firms. This A.D.A. retro -fit park project was included in the scope of work in the R.F.P. for on-call landscape architect services. BACKGROUND: The American With Disabilities Act, which was signed into federal law in 1991, requires public parks to be accessible to the physically challenged. After adoption of this Act, city staff completed an evaluation of public parks and developed a list of deficiencies that need to be corrected. Maple Hill Park was selected as the first park to be retro -fitted to meet A.D.A. standards. Following are the deficiencies that were identified at Maple Hill Park that need correction: 1. Restrooms are not equipped for handicapped use. 2. Entrance to park not properly signed. 3. Playground surface and play equipment not accessible for disabled. 4. Handicap stalls in parking lot have a cross slope that is too steep. 5. Walkway to restrooms too steep. 6. Walkway to picnic tables and barbecues too steep. This project has been approved for funding through the Community Development Block Grant (C.D.B.G.). There is $72,000 in carry-over funds from Fiscal Year 1993/94, plus $109,000 allocated in Fiscal Year 1994-95, for a total budget of $181,000. DISCUSSION: The conceptual plan for Maple Hill Park has been developed by R.J.M. Design Group and provides for the correction of the deficiencies listed above. The cost to correct all deficiencies is estimated to be $281,087.. The budget for the retro -fit is $181,000. It is proposed that the retro -fit project be phased so that the tot lot, restroom and parking lot areas are made accessible immediately and access up the hill to the picnic tables, barbecues and tennis courts be completed in a later phase. Staff has worked with the landscape architect to reduce the scope of the tot lot and new landscaping to insure that the cost of Phase I of the project stays within the adopted budget. This phasing plan was presented to the Parks and Recreation Commission at its April 28, 1994 and October 26, 1994 meetings and the Commission recommends the phasing concept for this project. If this conceptual plan for the retro -fit of Maple Hill Park is approved by the City Council, then the landscape architect will develop construction drawings and project specifications which will come back to City Council for approval before going out to bid. PREPARED BY: Bob Rose Community Services Director RJM DESIGN GROUP, INC. PRELIMINARY PLAN MAPLE HILLSPARK DIAMOND BAR.) CALIEFORNIA PRELIMINARY PLAN MAPLE HILLS P ,ARK DIAMOND BAR, CA INTEROFFICE MEMO TO: Honorable Chairman and Members of the Parks and 14ob Recreation Commission FROM: Rose, Community Services Director SUBJECTa Maple Hill Park ADA Retro -fit DATE: October 26, 1994 Summary of estimated costs for ADA retro -fit of Maple Hill Park: Tot Lot $170,860.55 Restroom 9,600.00 Parking Lot 9,627.50 Picnic Shelter 33,252.35 Walk-up Hill 47,746.70 Design/Construction Drawings 10,000.00 Total $281,087.10 There is a budget of $181,000 in C.D.B.G. funds to complete this retro -fit project. Staff plans to follow the Commission's recommendation from the April 28, 1994 meeting to phase the work as follows: Phase I Tot Lot $170,860.55 Restroom 9,600.00 Parking Lot 9,627.50 Design/Construction Drawings 10,000.00 Total $200,088.05 Phase II Picnic Shelter 33,252.35 Walk-up Hill 47,746.70 Total $80,999.05 HELr.VEJ iV3/c-b ..C.f- --- 0... 26 '134 9:07 SRNFAX520 series P. 2 ITEM DESCRIPTION W/UNIT PRICES APPROX. UNIT TOTAL NO WRITPEN IN WORDS QUAMMY UNIT PRICES PRICE �.snolition Items 1. Existing Concrete 3855 SP $-IA _ . 2. Existing Tot Lot perimeter mow strip 175 LF $-Z=— S 3.500.00 3. Hxisting Sana ALLOW $x.500. & 2". 4. Existing Play Equipment and Benches 1 climber, 1 play structure, 2 benches 1 LS S Z-000- s 2.000. 1. Site Grading/Contouring 10,100 SP S .2a 2.020. 2. New Medium Broom Concrete Walkways 1,940 SP S 2.75 S5.335. 3. New Concrete at Restroom, scored with add wash finish 1310 SP S 3.75 S 4.912. 4. Tot Lot perimeter grade beam 270 LF $35.00 S 9 5. Planter/Retaining Watts at tree wells by restroom building 24 LP $j&4 &lj920. ..rE:J .: i/c.1] 11.0a Oct.26 '94 9:07 SPNFAX520 series P. 3 M M DESCRIPTION W/UNIT PRICES APPROX. UNIT TOTAL NO WRITTEN IN WORDS QUANTITY UNIT PRICES PRICE 6. 'Benches 7 EA $_ S 2800, 7. Tot Lot Equipment A. "Sandworka" by Kom-pan 1 EA $x.400. 96,400, B. "Worksbop" by Kom peon 1 EA $ 4.400. C. Play Pod by Miracle 1 BA S31,Z— D. Swing Set by Miracle 1 EA S�1.QQR. S1,000, E. Spring Toys by Miracle 4 EA $ 250• 91,000, F. Better Digger by Iron Mountain Forge 2 EA $__4Q. S 920. S. Concrete stairs 80 I.F $_--Lt 91.200. 9. Rubberized Play Mat 880 SF 22. 519.360, 10. New Tot Lot Play Area Sand 167 CY $__L950 23,256.5 L Fins Grading/Soil Preparation 7,726 SF $ .25 S 10931.50 2. Irrigation 2,895 SF $ 1.00 1209"- I Gmundcover Planting 270 SF $ .50_ S L35, . 4. Shrub Planting (5 gal) 90 EA $ 20. 1 1180Q. .-�_I'.a ..CILj -d.b!I H. ,c�-c6-- PA6E 4 (PRINTED PAGE 41 Oct -26 '94 9:08 SANFAX520 series P. 4 rMM DESCRIPTION W/UNIT PRICES APPROX. UNIT TOTAL NO WRITTEN IN WORDS QUANTITY UNIT PRICES PRICE 5. Tress (24" box) 16 EA 225. S 3-fiM--...__.. 6. Trees (36" box) 2 EA SQ` S SOb, 7. Turf (Sod) 1,620 SP Ste_ S 910• B. 90 Day Mgmaunve 2,695 SP S�((� S 260.55 9. Lighting 1 is S w11ow S 7,500, TOTAL $ 1700860.55 c :. cb '94 9: E?9 SR FAX520 s e ri e s P. 7 MIM DESCRIPTION W/UNIT PRICES APPROX. UNIT TOTAL NO WRITTEN IN WORDS QUANTITY UNIT PRICES PRICE 12eluQlitLat,It�m� 1. Existing handicap Ramps 70 SP s •SOS` 1. New A.C. Paving by handicapped Ping Stalls $d0 SIT s 1.73_ X1.40._ 2. New Planter Island in Paddng Lot 46 LF 20. S 920• 3. New Striping in Parking Lot ALLOW Ste_ S 60p. 4. Rwur hmq of Asphalt Parking Lot 13,345 SF s .50 36,672,Q TOTAL _...�� __'-�n�c�' series P. 6 ITEM DESCRIP'1'!ON W/UNIT PRICES NO WRPITM IN WORDS �Su��dl9nItnu� 1. Grind/Seal Concrete Floor 2. Paint Exterior/Interior 3. Restroom Partitions TOTAL APPROX. UNIT QUANTITY UNIT PRICES TOTAL PRICE 700 sF $--1& $2-100, 1 EA $ LuM2 Sum S 2,500, ALLOW $ 5-000- 15,000, _c cb �• _ �HNFHh�DLN series MMAIMLPARK W 4kd HUI ig Pim Strumre OF PRICES ITEM DESCRIPTION W/UNIT PRICES APPROX. UNIT TOTAL NO WRrrMN IN WORDS QUANTITY UNIT PRICES PRICE 1. Existing Conm*,te 2250 SF P. E � 1.00 S 2250. I. site Grw iwContoudng 5,52.6 SF $ .20 SI -105, 2. New Medium Broom Concrete Walkways 8,830 SP $ 2.75 ,S24,282,�Q 3. Now Handicap Railing 390 LF $te_ S9,750, Fine GradinVSW Prgratiml 7,900 SF , $--IL S1,931.5 2. Irrigation 5,250 SF S t.ao S5,250, 3 Turf (Sod) 5,410 SF S 2.705- __ I 7. 90 Day Maintenance 5,250 SF 5—,42. 472.5 TOTAL S 47,74,`70 aeries P. New && S KLAE QV PRIM rMM DESCRIPTION W/UNPr PRICES APPROX. UNIT TOTAL NO WRMEN IN WORDS QUANZTTY UNIT PRICES PRICE 1. Site Gmding/Contouring 2,200 SF �� S 440- 2. Picnic/Shade Structure Elements A. Concnfe Paving with Medium Broom Finish 544 SP S 2.75 S1,496, B. Concrete Banding 208 LF $— M- s 936, C. SfaXMW Column Supporta for overhead 12 EA ZS 4.800, D. Arbor 900 SF � S13.5M. B. Picnic Tables 4 EA � S 1.600. S6,000, F. Barbeque Units 2 EA S_ 900. S1,800, 1. -It= - PIffintin and Fine Grading/Soil Prepmtion 2,200 SF ���� S 550• 2. Ir ig don 1,365 SF 1.00 S 103M. 3. Groundcover Planting 285 SF S .so S-142, 4. Shrub Planting (S gal) 105 EA S 20• S2,100, S. 90 Day Maintenance 1,30 SP spQ_ S 122.95 TOTAL $ 330252.35 October 26, 1994 Page 4 Chair/Goldenberg asked if there are any other avenues to explore. CSD/Rose replied that possibly soliciting donations to fund a hot meals program. The grant applied for was denied as they are not adding additional nutrition sites. Chair/Goldenberg asked if federal funds are available. CSD/Rose replied that the grant that was denied does consist of federal funds that are then distributed by the County of Los Angeles. Chair/Goldenberg asked how a request would be received if it came from Washington. CSD/Rose could not say but stated there is objective criteria that is looked for when selecting sites. Based on the 1990 Census, there is a list of seniors that qualify for low and moderate income and Diamond Bar had only one or two people listed whereas other communities have thousands at that level. He further stated that that criteria was not used to deny funding to Diamond Bar, but simply that they were not funding additional sites. Chair/Goldenberg thanked Mr. Law for addressing the Commission and offered whatever support they can provide. MINUTES 1. Minutes of September 22, 1994. With an amendment to correct the Roll Call with regard to Commissioner Schey, VC/Ruzicka moved to approve the minutes, seconded by C/Schey and carried unanimously. OLD BUSINESS 2. Maple Hill Park A.D.A. Retro -fit CSD/Rose passed out an Interoffice Memo and stated the information contained therein was received this date. In April, the Parks and Recreation Commission gave recommendations on how to proceed with the American Disability Act (ADA) retro -fit requirements, and the memo indicates costs for same as follows: October 26, 1994 Page 5 Tot Lot $170,860.55 Restrooms 9,600.00 Parking Lot 9,627.50 Picnic Shelter 33,252.35 Walk-up Hill 47,746.70 Design/Construction Drawings 10.000.00 Total $281,087.10 There is a budget of $181,000 in CDBG funds for the project. Staff recommended that the project be phased, reduce costs in certain areas to meet the budget, and obtain competitive bids for Phase I and Phase II. CSD/Rose stated there is no conflict with the conditional use permit on file with the City and the recommendations can go straight to the City Council. The goal is to accomplish Phase I this fiscal year. VC/Ruzicka asked if the retro -fit includes the basketball court. CSD/Rose replied that it will be resurfaced and further stated that one of the conditions on the use permit was that there would be lighting on the basketball court. C/Tye asked if the $181,000 is lost if not used this fiscal year. CSD/Rose replied not this fiscal year but after three years. C/Tye asked if additional funds will be received in the next fiscal year. CSD/Rose replied that a request will be made for additional funds, but may be for another park rather than Maple Hill Park. Mr. Law questioned the estimate of $171,000 for the tot lot and asked what kind of equipment would be required. CSD/Rose replied that the estimate includes removing existing playground equipment and walkways, grading of slopes and walkways to meet ADA requirements of slopes not to exceed 5 percent, replacing the playground equipment, and adding an accessible surface to replace most of the sand. October 26, 1994 Page 6 Chair/Goldenberg further stated that all the work must be done to meet ADA requirements. Mr. Law asked how much of the estimated $218,000 can be cut. C/Schey stated that estimates typically are 10 percent higher. CSD/Rose stated he feels Phase I can be accomplished within the $181,000 budget. NEW BUSINESS 3. User Group Sub -Committee Meeting User Group Sub -Committee meeting was scheduled for November 29, 1994, at Heritage Park at 6:30 p.m. 4. Schedule of November and December Commission Meetings Commission meetings for November and December were set for November 17th and December 15th. 5. Certificate of Appreciation Chair/Goldenberg presented Sandy Barlow with a Certificate of Appreciation on behalf of the Parks and Recreation Commission and wished her all the best in her new position. He commended her for her high level of service to the City. INFORMATIONAL ITEMS 6. Recreation Program Update RS/Pearlman reported contract classes are beginning their second session and flyers will be handed out in the schools on Monday. Staff contacted facilities in the north end of Diamond Bar for new locations for classes. Diamond Point Swim Club offered their facilities for classes. Lorbeer Middle School has offered their gymnasium for Adult Volleyball starting in March. OLD BUSINESS Chair/Goldenberg introduced Larry Ryan from R.J.M. Design Group, Inc. Mr. Ryan explained that his firm looked at MPHP in terms of ADA. They completed the analysis and listed aPficiencies with R.R, Tot !ot sigr_age and the parking !ot. ADA does not have to to don., at every park! On the base map overview you can see significant deficiencies with the Rest Room on the walkway of the lot in terms of access and safety according to the Consumer Products Safety Committee and ADA. In the tot lot, he recommended to the Commission its demolition. Construction of a new tot lot will be done to accommodate many users as well as provide for both the "challenged" and active play. In addition, Larry recommended working with Ron Mincer who is a quadriplegic and helps make recommendations based upon his life experiences. There are a couple of policy issue areas that need to be decided upon by the city. The current walk has a slope beyond that which is allowed by ADA. At the current slope, the walk must have landings and handrails in order to be accessible according to ADA standards. Councilmember Ansari queried about the cost of the ramps and handrails. C/Ruzicka discussed the cost associated with placing the handrails on both sides of the walkway and redoing the sidewalk. Councilmember Ansari asked Larry�s opinion of what he would do. Larry weighed the factors in determining use by handicapped versus active. C/Ruzicka indicated that because of the parks' use, he is against the handrails because the kids use the open area of the park and m running down the hill might run into the handrail. C/Tye added that the intent of ADA is not to spend a lot of money to dramatically change the park, but take mp to be in the spirit of ADA. C/Medina sugWood that on the backside of the basketball courts that a walk might be possible to the tennis courts. C/Schey indicated that when dealing with a policy issue, the Commission must look at the intent of ADA and the overall recreation picture. Opportunities for these program elements are available and we can make sure that they do exist in other nearby areas. C/Ruzicka agreed and indicated that, if questioned, the Commission would be able to verify that other opportunities were available. C/Medina suggested that a backside approach would allow the use of handrails because it is away from children. Mr. Ryan indicated that would not work because of the grading requirements. CSD/Rose asked Larry Ryan what the deepest sidewalk could be. Larry Ryan explained that the walk is currently 8 - 9%. The maximum for a ramp is 8%. CSD/Rose then asked for an estimate of a gradient backside. C/Tye believed it was about 20 feet, so it is a relatively short distance. Larry Ryan indicated that the walk does not just provide access to the tennis areas, but the picnic area as well. So by reconstructing the walk, an accessible covered picnic area can be provided as well. Once the policy is fine tuned, the design can also be fine tuned. C/Schey asked if the picnic area can be placed behind the Rest Room. He asked why the Commission would make the play area ADA, but not continue up to the tennis courts? Larry Ryan described the play equipment and proposed ADA access with a circuit through the sand area via a rubber matting surface. Chair/Goldenberg thanked Larry Ryan for his presentation. C/Schey asked what the ad hoc committee recommended. C/Ruzicka explained that the committee recommends that the Commission approve the walkway be brought to standards to a point then, have a new picnic area that is accessible- C/Tye questioned the need for the original retrofit all the way to the Tennis Courts, but preferred limiting the retrofitted walkway to the mid area and add the picnic structure that would be accessible Mr. Ryan int e-deded that as of April, 1994 anything at a grade of S% or greater needs handrails. The walkway could be elongated, but then the walkway would eat into the park open area. C/Ruzicka indicated that the proposed ADA accessible picnic area mixed with other area that are not ADA accessible would still show a good faith effort. C/Schey made a motion to recommend to City Council the reconstruction of the walkway be listed as a second priority and the tot lot be of a higher priority. CSD/Rose stated that phasing can be instituted. C/Schey stated that he would prefer a single phase but if one comes before the other then the tot lot should be first. C/Ruzicka indicated that the walkway would include landings and the picnic shelter would include picnic tables and BBQs. NEW BUSINESS: Chair/Goldenberg asked that C/Schey provide the Committee with a GPAC update. C/Schey indicated that the GPAC is advancing, just not very quickly. The current topic is the land use element and it does not have much impact on Parks and Recreation. Consideration should be given to future elements and how they impact the P & R Master plan. There was some controversy due to a perceived influence the developers might have on the Committee. The City Council restructured the voting members so developers no longer have voting rights, but they are still on the committee. People felt it was inappropriate. GPAC was postponed until May 10 pending the CC Committee Meeting of May I GPAC is moving. Land use is the first element to be looked at but other elements such as resources will have the biggest impact on Parks and Recreation. Chair/Goldenberg questioned whether the GPAC understood that its an overview not just CC/R's. C/Schey concurred, but participants concerned that there will not be enough substance to the General Plan which would result in another referendum. At the same time, there is a group that wants to use regulations, so there is conflict. Resolution is not always easy, but it is moving. C/Ruzicka asked about the current time limit. Councilmember Ansari indicated that the date is October, 1994. C/Ruzicka is glad to hear that it is moving as long as it keeps moving. C/Schey indicated that the GPAC's desire is to have the meetings move forward, but the question is how fast. C/Ruzicka wanted to know if GPAC has any force of law. C/Schey indicated that it does. It is basically Constitutional. They city can't approve projects without it, nor can they go against it. C/Ruzicka indicated that the General Plan plan is more than just a broad view of the city's future. City of Diamond Bar PRIVATE 1. CALL TO ORDER: PLEDGE OF ALLEGIANCE: Meeting Agenda For November 15, 1994 6:00 P.M. MAYOR WERNER Tuesday: November 8, 1994 Page: 1 ROLL CALL: COUNCIL MEMBERS ANSARI, MILLER, PAPEN, Mayor Pro Tem Harmony and Mayor Werner 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 PRESENTATION OF CITY TILE TO LYDIA PLUNK, Planning Commissioner. 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - NOVEMBER 17, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.2 THANKSGIVING HOLIDAY - NOVEMBER 24 - 25, 1994 - IN Observance, City Hall will be closed. Will Reopen Monday, November 28, 1994. 5.3 PLANNING COMMISSION - NOVEMBER 28, 1994 - 7:00 P.M. AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - DECEMBER 6, 1994 - 6:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 VOUCHER REGISTER - APPROVE VOUCHER REGISTER DATED November 15, 1994 in the amount of $ Requested by: City Manager 6.2 MEMBERSHIP OF THE CITY OF MALIBU IN THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (SCJPIA) - The Southern California Joint Powers Insurance Authority Executive Committee, at their meeting of October 26, 1994, recommended approval of the City of Malibu as a member of the Authority. Cities applying for membership must be approved by a two-thirds majority of the current membership. Recommended Action: Approve membership of the City of Malibu in the SCJPIA and authorize Councilman Miller to execute the consent form as the City's delegate to the Authority. Requested by: City Manager City of Diamond Bar PRIVATE Tuesday: November 8, 1994 Meeting Agenda For Page: 2 November 15, 1994 6.3 GRADING BOND RELEASES: 6.3.1 GRADING CASH BOND POSTED FOR 2740 SHADOW CANYON DRIVE IN THE "COUNTRY" - The Principal desires to release a cash bond posted for grading in the amount of $12,000. Recommended Action: It is recommended that the City Council declare the obligations under this bond null and void and release the cash bond posted with the City in February, 1994 at 2740 Shadow Canyon Dr. in the amount of $12,000. Requested by: City Engineer 6.3.2 GRADING SURETY BOND "MOBILE HOME PARK" - a surety bond in the Recommended Action: Council release the amount of $15,000. POSTED FOR 21217 WASHINGTON STREET The principal desires release of amount of $15,000. It is recommended that the City Surety Bond bond posted in the Requested by: City Engineer 6.4 ACCEPTANCE OF DEEDS FROM CALVARY CHAPEL - MIKE MEYERS Recommended Action: Requested by: City Engineer 6.5 RESOLUTION NO. 89-4B: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 89-4A ESTABLISHING THE DAY AND TIME OF CITY COUNCIL MEETINGS - Recommended Action: Requested by: City Clerk 6.6 COMMUNITY NEWSLETTER AND RECREATION GUIDE: 3 VERSUS 4 ISSUES PER YEAR - Continued from November 1, 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), which would increase the annual number of newsletters to four issues per year. Several consideration should be explored including potential additional cost and potential additional public benefit. Recommended Action: hr-br�l } a.. • t 4R6- �.rrsn ae3 _ _ a y q , t 1S City of Diamond Bar Tuesday: November 8, 1994 Meeting Agenda For Page: 3 PRIVATE November 15, 1994 6.6 COMMUNITY NEWSLETTER AND RECREATIONVIDE: 3 V RSU 4 recommended that the City Council tie-2'ty-9keald-produce and d; -a _GJV� f our newslettersvon an ann al basi 0� a-4 �orb Requested by: City Manager �,`�:� 7. PUBLIC HEARINGS: NONE 8. OLD BUSINESS: 8.1 FINANCE COMMITTEE REPORT AND RECOMMENDED MATTERS - Continued from November 1, 1994. (a) ORDINANCE NO. XX(1994) - AN ORDINANCE 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 reviewed 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. Recommended Action: it is recommended that the City Council approve for first reading, by title only, 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). (b) 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 disbursement systems, as well as all revisions and improvements thereto. Recommended Action: It is recommended that the City Council solicit proposals, through a Request for Proposal process, for annual independent financial audit service and quarterly City of Diamond Bar Tuesday: November 8, 1994 Meeting Agenda For Page: 4 PRIVATE November 15, 1994 8.1 FINANCE COMMITTEE REPORT AND RECOMMENDED MATTERS - procurement and cash disbursement audits for fiscal years 1994-95, 1995-96 and 1996-97. Requested by: City Manager 8.2 SANITARY SEWERS IN "THE COUNTRY" - UPDATE ON STATUS OF work conducted by the Diamond Bar Country Estates Association. Recommended Action: Requested by: City Engineer 8.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONS FOR VTM 51169 (UNIONWIDE)- Recommended Action: Requested by: Community Development Director 8.4 WALNUT VALLEY UNIFIED SCHOOL DISTRICT PROPERTY - Recommended Action: Requested by: Community Development Director 9. NEW BUSINESS: 9.1 REQUEST FOR PARKING ALONG WESTERLY SIDE OF SOUTHBOUND DIAMOND BAR BLVD. BETWEEN CROOKED CREEK DR. AND BREA CANYON RD. BY EVANGELICAL FREE CHURCH - Recommended Action: Requested by: City Engineer 9.2 DRAFT C.O.L. OBJECTIVES & CODE OF CONDUCT - Recommended Action: Requested by: City Manager 9.3 PROPOSAL TO BECOME MEMBER OF WILDERNESS CONSERVANCY - Recommended Action: Requested by: City Manager 9.4 ADA RETROFIT FOR MAPLE HILL PARK - CONCEPTUAL PLAN Recommended Action: City of Diamond Bar Meeting Agenda For Tuesday: November 8, 1994 PRIVATE November 15, 1994 Page: 5 9.4 ADA RETROFIT FOR MAPLE HILL PARK - CONCEPTUAL PLAN Requested by: Community Services Director 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: