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Home My WebLink About01/17/1995Cit couytcl/ AGENDA Tuesday, January 17, 1995 6:30 P.M. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Interim Mayor Eileen R. Ansari Mayor Pro Tem Phyllis E. Papen Council Member Clair W. Harmony Council Member Gary G. Miller Council Member Gary H. Werner 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. Ae�- _4*—*-'UAAN�_ Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses re cIed paper and encourages you to do the same. MISSION STATEMENT The City Council meeting is the forum established to conduct the business of the City of Diamond Bar, its citizens, property owners, and businesses. The City Council has chosen to conduct its business meetings in a televised, open forum. This has been done to assure that all community members are kept informed as to the status of City business. It is the Council's objective to conclude the business stated on the evening's agenda by a reasonable hour, which is 11:00 p.m. To accomplish tonight's objectives, the City Council requests that: 1. Public comments may be directed to Consent Calendar items or matters of interest to the public, which are'not on this evening's agenda. 2. Public comments on scheduled matters will be heard in conjunction with the respective agendized subject. 3. There are to be no personal attacks toward individual members of the City Council. Such comments are viewed as personal attacks against the entire City Council and will not be tolerated. 4. There are to be no personal attacks from an individual Council member. Such are viewed as personal attacks from the entire City Council, which are not conducive to a positive business meeting environment; and, will not be tolerated. The Diamond Bar City Council appr iates your cooperation. Gar FJ. Werner, Mayor � f Clair W. Harmony -- Phyllis E. Papen Mayor Pro %Tom Council o Eileen R. Ansari G. Mill Councilwoman Councilman ii 6 1. 2. 3 Next Resolution No. 95-02 Next Ordinance No. 02(1995) CALL TO ORDER: 6:30 P.M. PLEDGE OF ALLEGIANCE: Interim Mayor Ansari ROLL CALL: Council Members Harmony, Miller, Werner, Mayor Pro Tem Papen, Interim Mayor Ansari SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: None 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. Phase 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. REORGANIZATION OF CITY COUNCIL: 5.1 SELECTION OF MAYOR 5.2 APPOINTMENT OF DELEGATES AND/OR ALTERNATES TO COMMISSIONS/COMMITTEES AND OTHER AGENCY BOARDS - It is customary at the time of the City Council's reorganization that the designation of delegates and alternates to a variety of commissions/committees and other agencies be considered for change. Continued from January 3, 1995. 6. SCHEDULE OF FUTURE EVENTS: 6.1 PLANNING COMMISSION MEETING - January 23, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6.2 PARKS & RECREATION COMMISSION MEETING - January 26, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6.3 CITY COUNCIL GENERAL PLAN PUBLIC HEARING - January 30, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. JANUARY 17, 1995 PAGE 2 6.4 MULTI -CULTURAL MEETING - February 6, 1995 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 6.5 CITY COUNCIL MEETING - February 7, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.6 TRAFFIC & TRANSPORTATION COMMISSION - February 9, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 7. CONSENT CALENDAR: 7.1 APPROVAL OF MINUTES: 7. 1.1 Regular Meeting of November 1, 1994 - Approve as submitted. 7.1.2 Regular Meeting of November 15, 1994 - Approve as submitted. 7.1.3 Adjourned Regular Meeting of November 29, 1994 - Approve as submitted. 7.1.4 Special Meeting of December 2, 1994 - Approve as submitted. Requested by: City Clerk 7.2 VOUCHER REGISTER - Approve Voucher Register dated January 17, 1995 in the amount of $178,093.52. Requested by: City Manager 7.3 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE 1994/95 USED OIL RECYCLING BLOCK GRANT PROGRAM FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING LOCAL USED OIL COLLECTION PROGRAMS - In 1991, voters approved the California Oil Recycling Enhancement Act establishing a non-competitive Used Oil Recycling Block Grant Program to provide funds for local used oil collection programs that encourage recycling or appropriate disposal methods for used oil. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX authorizing the City Manager to submit an application for grant funds from the 199495 Used Oil Recycling Block Grant Program to establish and maintain local used oil collection programs. Requested by: City Manager 7.4 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNALS CONSTRUCTION ON GOLDEN SPRINGS DRIVE AT GOLDEN PRADOS DRIVE, PROSPECTORS ROAD AND CARPIO DRIVE AND AUTHORIZE THE CITY CLERK TO ADVERTISE THE PROJECT FOR BIDS - The intersections on Golden Spgs. Dr. at Golden Prados Dr., Prospectors Rd. and JANUARY 17, 1995 PAGE 3 Carpio Dr. have been identified for traffic signals. At this time, plans and specifications for the project have been prepared. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX approving plans and specifications for traffic signal construction on Golden Spgs. Dr. at Golden Prados Dr., Prospectors Rd. and Carpio Dr. and authorize the City Clerk to advertise the project. Requested by: City Engineer 7.5 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN - For FY 1994-95, $21,391 is apportioned to the City to construct and/or improve various bicycle and pedestrian facilities. The City proposes to utilize this money to modify the existing bicycle route (Class III) on Golden Springs Dr. between Diamond Bar Blvd. and Temple Ave. to bicycle lane (Class II). In addition to completing the claim and revenue and expense forms, in order to be entitled to claim the allocated fund, the Council must adopt a resolution by June 30, 1995, which specifies the purpose for which the TDA Article 3 (SB 821) funds will be utilized. If said fund is not claimed by June 30, it will lapse and be reallocated for FY 1995-96. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX to claim the TDA Article 3 (SB 821) Allocation for FY 1994-95. Further, direct the City Clerk to forward a copy of said Resolution to the Los Angeles County Metropolitan Transportation Authority. Requested by: City Engineer 7.6 AWARD OF CONTRACTS FOR PHONE SYSTEM - How can the City optimize its telecommunications system and reduce its monthly telephone service rate. Recommended Action: It is recommended that the City Council consider the following and direct staff accordingly: (a) award a 60 -month municipal lease with GTEL, in an amount not -to -exceed $489.65 per month, for a key telephone system and related telecommunications equipment; (b) award a contract to GTE for a three- year term for CentraNet Services and authorize the City Manager to execute all documents to effectuate this contract; and (c) authorize the City Manager to enter into a five-year cooperative services agreement with the State of California and GTE to provide message toll telephone service at a rate of $0.054 per minute with sub - minute billing. Requested by: City Manager JANUARY 17, 1995 PAGE 4 S. PUBLIC HEARING: 8.1 CONSIDERATION OF THE 1995-96 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET - The City has scheduled a public hearing to discuss programs and allocation for use of Community Development Block Grant (CDBG) funds. The City expects to receive approximately $318,500 in federal funds as a participant in the 1995-96 Los Angeles County Urban CDBG Program. The funds may be used for a variety of Community Development activities which develop a viable urban community, principally for persons of low and moderate income. The purpose of the public hearing is to solicit public testimony and receive presentations from public service organizations and residents requesting funds. Recommended Action: It is requested that the City Council open the Public Hearing, take testimony, close the Public Hearing and approve the Community Development Block Grant (CDBG) projects and budget listed in the report for funding during the 1995-96 program year, and authorize the City Manager to execute all CDBG documents required for implementation of the program. Requested by: City Manager 9. OLD BUSINESS: 9.1 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 - Continued from January 3, 1995. 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: C/Werner 10. NEW BUSINESS: None 11. ANNOUNCEMENTS: 12. CLOSED SESSION: May convene to consider: matters of pending litigation (G.C. 54956.9), personnel items (G.C. 54957), or purchase/sale of real property (G.C. 54956.8). Records not available for public inspection. Personnel Session (Government Code Section 54957) re: Consideration of appointment of City Attorney 13. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK 1=R(-- VI DATE: ADL 9E=SS: .-` /' Z �?..{�y� !�>,��h� �� ' PH0NE:'�G/r22y� ORC ANIZATION: -r AGE JDA #/SUBJECT: 1 ' ``,,� . - 1 { ` ` t ",�` = �� le 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� TO: FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK 1 ►-V K(1 I /Vlt 7 I KC)F l l L' -4 5� E Cv r i-v�u cv i L( E C i L ! TI c - DATE: HI -95 PHONE: L-1 kc r)ki AC��. I expect to address the Council G+� the subject agenda item. Please have the Council Minutes reflect my name and address as w 'tten de. Signature To FRO A: ADUI tE:SS: ORG, WIZATION: AGED DA #/SUBJECT: - A..'_ =SS THE CITY COUNCIL CITY CLERK Z 6 /V 01V DATE: DC PH0NE4—'7f` /e2� 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 CITY CLERK FROI A:, G ,� ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: Y6� (�� ihk..�'DRESS THE CITY COUNCIL 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 "iI TO: FROM: ADDRESS: OR3ANIZATION: AGENDA #/SUBJECT -- .. �.. �':gESS THE CITY COUNCIL ITY CLERK DATE: PHONE:,C 4�- J�— I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 'i0 FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK 1 A. f`'1 L L� C 12DATE: / // 7 / 95- S urVS(,:=T (2US �trtePHONE: F6tU-G3c1' 7 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. " V. �vnar�� rof T7fe I T r J aM Bud V-::7 — I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sig�ur / 11 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL IJ TO CITY CLERK Q £ FRC A: �� S (l/ fly �a DATE: I 1 i as ADD IE:SS: �n � C ice_ �Gr, T� Y11G,tsj � PHONE: (v�� - q L(a.)- OR(. kNIZATION: VV UA AGF IDA #/SUBJECT: � 1)b C � I expt-ot to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. �` & A, Signature ., _ .-► Y REQUEST TO ADDRESS THE CITY COUNCIL Cq- TO: CITY CLERK FRC A: { 4it Cp�� DATE: ADC iESS: PHONE: ORC WZATION: AGE iDA #/SUBJECT: I expo --t to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of Council MEETING DATE: December 1, 1994 REPORT DATE: December 6, 1994 SUBJECT: Appointment of delegates and/or alternates to commissions/committees and other agency boards. ISSUE: It is customary at the time of the City Council's reorganization that the designation of delegates and alternates to a variety of commissions/committees and other agencies of consideration for change. Included herewith is the current list of delegates and alternates for your information. A special note is the expiration of the two-year term of the South East Mosquito Abatement District (SEMAD). Mr. Dexter MacBride is currently the delegate to the SEMAD board. His term expires on January 2, 1995. EXTERNAL DISTRIBUTION: 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? N/A _ Yes —No 4. Has the report been reviewed by a Commission? N/A _ Yes —No Which Commission? 5. Are other departments affected by the report? N/A _ Yes —No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger Frank M. Usher City Manager Assistant City Manager CITY COUNCIL APPOINTMENTS (Effective 10-18-94) COMMITTEE DELEGATE ALTERNATE California Contract Cities Association Harmony Ansari Sam Olivito, Exec. Dir., 10810 Paramount, Suite 202, Downey, 90241, 310-861-3908 Meets 3rd Wednesday of each month at 6:30 p.m. (social hour), 7:30 p.m., dinner, various restaurant locations of host City. Reservations required. CLOUT Bill Alexander, Chairman, Ansari Rancho Cucamonga Chamber of Commerce, 8280 Utica St., Ste. 160, Rancho Cucamonga, CA 91730, 987-1012 Meets 4th Thursdav of each month at 7:30 a.m., Ontario Airport Marriott D.B. Chamber of Commerce Werner Maria Ochsner, Gen. Mgr., 22640 E. Golden Springs, Suite A, 91765, 861-2121 Board of Directors: Meets 3rd Mondav at 6:30 p.m., Chamber Office. Executive Committee: Meets Tuesday at noon prior to monthly Board Meeting, at various restaurants, if needed. East San Gabriel Valley Planning Committee DeStefano Chris Lancaster, 818-858-7212 Meets 4th Thursday of each month at 6:30 p.m., at various restaurant locations of host city. Planning Directors Sub -Committee: Meets 4th Monday of each month at 12:00 noon at Cal Poly. Foothill Transit Zone Papen Harmony Bill Forsythe, 100 N. Barranca #980, W. Covina, 9791, 818-967-3147 Meets 4th Thursdav of each month at 8:00 a.m. at above address. Four -Corners Study Steering Committee Werner Ansari Meets as needed. L.A. County Sanitation District No. 21 Werner Harmony Charles Carry, Chief Engineer & Gen. Mgr., 1955 Workman Mill Rd., Whittier 90601-4998 Mailing: P.O. Box 4998, Whittier 90601-4998, 310-699-7411 Meets 4th Wednesday of each month at 1:30 p.m. at District Office Rev. November 14, 1994 CITY COUNCIL APPOINTMENTS (Cont'd.) (Effective 10-18-94) League of Calif. Cities - L.A. County Division Werner Harmony Jack O'Neil, Exec. Dir., 600 E. Huntington Dr., Ste. C, Monrovia 91016, 818-305-1315 Meets 1 st Thursday of each month at 6:30 p.m. at Almansor Court, 700 S. Almansor Street, Alhambra L.A. County City Selection Committee Werner Harmony Larry J. Monteilh, Secretary, 383 Hall of Administration, 500 W. Temple St., Los Angeles, 90012, 213-974-1431 Meets: After the League of Calif. Cities - L.A. County Division Meeting - (Approx. 8:30 p.m.) San Gabriel Valley Council of Governments Ansarf Werner David Smith, Exec. Dir., 14156 Magnolia Blvd., Ste. 103, Sherman Oaks 91423, 818-907- 1664, FAX 818-784-1187 Meets 3rd Thursday of each month at 6:30 p.m. at various locations. Executive Session 5:00 P.M. S.A.N.E. Program/Council Liaison Werner Blanche Wilson, Starr Center Colima & Telegraph, Whittier Contact: Audrey Warner, W.V.U.S.D., 595-1261 Meets "as needed" Sister Cities International Werner Ansarf 120 S. Payne Street, Alexandria, Virginia 22314, 703-836-3535 FAX: 703-836-4815 Southeast Mosquito Abatement District MacBride 9510 Garfield Ave., South Gate, 90280, 310-927-6526 Meets 2nd Thursdav at address above at 7:30 p.m. Southern California Assn, of Governments (SCAG) Harmony Ansarf Main Office, 818 W. 7th St., 12th Floor, Los Angeles, 90017, 213-236-1800 Tom Sykes, Representative for Dist. 37, City of Walnut, 595-7543 General Assembly meets annually each March - location to be announced Rev. November 14, 1994 CITY COUNCIL APPOINTMENTS (Cont'd.) (Effective 10-18-94) Southern California Joint Powers Insurance Authority mmer Harmony 4952 La Palma Ave., La Palma, 90623, 714-827-3361 General Board Committee meets annually each July - location to be announced Wildlife Corridor Conservancy Study Group Warner Harmony Meets as needed ELECTED POSITION - NOT APPOINTED BY MAYOR: L.A. County Metropolitan Transportation Authority papers 818 W. 7th Street, Suite 1100, Los Angeles 90017 Meets: as necessary Local Agency Formation Committee Werner 383 Hall of Administration, Los Angeles, CA 90012 Meets: Twice a month on Wednesdays, 9:00 a.m. at the above address. Finance Meets "as needed" City on Line Technical Meets "as needed" CITY COUNCIL SUB -COMMITTEE (Effective 10-18-94) Werner/Ansar/ BLUE RIBBON TASK FORCES (Effective 10-18-94) Industry Materials Recovery Facility (IMRF) Rev. November 14, 1994 Werner Harmony/Ansari BOARD OF TRUSTEES GREATER LOS ANGELES COUNTY JACK HA CTS MANAGER LOS ANGELES COUNTY PRESIDENT VECTOR CONTROL DISTRICT JOE BURK /�17'' " SIGNAL HILL �� c.�Nli- J4 VICE PRESIDENT LOUIS A. DARE November 23, 1994 PARAMOUNT SECRETARY HENRY HARKEMA� ARTESIA e? RONALD H. OLIVER BELL ROLF JANNSEN BELLFLOWERH onorable Mayor and Council Members t JOHN ANSDELL BELL GARDENS City of Diamond Bar ROSAHERNANDEZ 21660 East Copley Drive - Suite 100 = . - c-_ BURBANK Diamond Bar, California 91765 ;-J AL F. DOSSIN • < _ --- CARSON71 - MICHAEL I MITOMA Honorable Body: CERRITOS ALEX H. BEANUM t Y7 COMMERCE The term of office of Trustee Dexter MacBride, member ART NAVARRO of the Board of Trustees, expires on January 2, 1995. � FUD�� Section 2245 of the Health and Safety Code governs the DIAMOND BAR dates of terms of office of members appointed to the DEXTER MACBRIDE Board of Trustees. Please appoint a Trustee for a- two- DOY �WYRENCE year period effective January 2, 1995 or reappoint GARDENA Trustee MacBride for either a two-year (2) or four- DONALD DEAR year (4) term. GLENDALE BURNELL YARICK HAWAIIAN GARDENS Section 2242 requires that a member appointed shall ROBERT CANADA be an elector of the city from which he is appointed. HUNTE. JACKSON pPNGTON PARK THOMAS Reappointment of former members of the Board of Trust- LA HABRA HEIGHTS ees is in full accord with this Section. JOHN F BEAU LAKEWOOD MurV JOSEPH ESQUIVFI Because of Trustee MacBride's excellent service as LAMIRADA Chairperson of the Policy Committee, i personally BOBCHOTINFR urge you to consider his reappointment for another LONG BEACH JOY DOWELL. term. LOS ANGELES CITY BOB WEBER Please send us a copy of your action appointing a oY�woNoD member to represent the City of Diamond Bar. MAYWOOD WILLIAM A. HAMILTON Very truly yours, MONTEBELLO ARNOLD M ALVARET GLASMAN NORWALK ELEANOR ZIMMERMAN PICO RIVERA JOHN G CHAVEZ SAN FERNANDO 6ack Hazelrigg JOSE HERNANDEZ Manager SAN MARINO KIRK C. MAT-MON SANTA CLARITA cc: Dexter MacBride, Trustee, Diamond Bar JAN HEE)T SANTA FE SPRINGS AL CAS IL LO SOUTH EL MONTE EDMUNDO R. MACIAS 9510 S. GARFIELD AVENUE, SOUTH GATE, CA. 90280 SOUTH GATE (310) 927-6526 • (800) 971102 • FAX (310) 928-17% JERRY M. GARCIA NORTH HOLLYWOOD BRANCH WHITTIER 12741 SATICOY STREET, NORTH HOLLYWOOD, CA. 91605 GREG NORDBAK (818) 764-2010 • FAX (818) 7642%8 PROMOTING COMMUNITY HEALTH, COMFORT, AND WELFARE THROUGH EFFECTIVE AND RESPONSIVE VECTOR CONTROL SINCE L952 BOARD OF TRUSTEES GREATER LOS ANGELES COUNTY DISTRICT MANAGER LACK HAZELR[Gc LOS ANGELES COUNTY PRESIDENT VECTOR CONTROL DISTRICT JOE BURK SIGNAL HILL L-�� ! • r VICE PRESIDENT LOUIS A DARE November 23, 1994 PARAMOUNT SECRETARY HENRY HARKEMA t'7 ARTESIA RONALD H OLIVER BELL ROLFIANNSEN _ BELLFLOWER Honorable Mayor and Council MembersJOHN ANSDELL ;_- BELL GARDENS City of Diamond Bar ROSA HERNANDEZ 21660 East Copley Drive - Suite 100 BURBANK Diamond Bar, California 91765 AL F DOSSIN -- -_. CARSON MICHAEI' MITOMA Honorable Body: <4j CERRITOS I �� ALEX H. BEANUM COMMERCE The term of office of Trustee Dexter MacBride, member ART NAVARRO of the Board of Trustees, expires on January 2, 1995. CUDAHY Section 2245 of the Health and SafetyCode governs the GEORGE PEREZ DIAMOND BAR dates of terms of office of members appointed to the DEXTER MACBRIDE Board of Trustees. Please appoint a Trustee for a two- DOWNEY year period effective January 2 1995 or reappoint JOYCE LAWRENCE GARDENA Trustee MacBride for either a two-year (2) or four- DONALD DEAR year (4) term. GLENDALE BURNELL YARICK HAWAIIAN GARDENS Section 2242 requires that a member appointed shall ROBERT CANADA be an elector of the city from which he is appointed. HOMASF JAON CKSON K Reappointment of former members of the Board of Trust- THOMAS F IACKSON LA HABRA HEIGHTS ees is in full accord with this Section. JOHN F BEAU LAKEWOOD JOSEPH ESQUIVEL Because of Trustee MacBride's excellent service as LAMIRADA Chairperson of the Policy Committee, I personally BOB CHOTINER urge you to consider his reappointment for another LONG BEACH term. JOY DOWELL LOS ANGELES CITY BOB WEBER Please send us a copy of your action appointing a LYNwoon LOUIS HEINF: member to rey�L' Y resent the Cit of Diamond Bar. MAYWOOD WILLIAM HAMILTON Very truly yours, MONTEBELLO .ARNOLD M ALVARE7 GLASMAN NORWALK ELEANOR ZIMMERM.AN PICO RIVERA JOHN G CHAV'EZ SAN FERNANDO ack Hazelrigg IOSE HERNANDEZ SAN MARINO Manager KIRK C M.ATTSON SANTA CLARITA cc: Dexter MacBride, Trustee, Diamond Bar JAN HEIDT SANTA FE SPRINGS AL CASTILLO SOUTH EL MON'I'E EDMUNDO R. MACLAS 9510 S. GARFIELD AVENUE, SOUTH GATE, CA. 90280 SOUTH GATE (310) 927-6526 • (800) 971-4402 • FAX (310) 928-1796 JERRY M GARCIA NORTH HOLLYWOOD BRANCH WHITTIER 12741 SATICOY STREET, NORTH HOLLYWOOD, CA. 91605 GREG NORDBAK (818) 764-2010 • FAX (818) 764-2968 PROMOTING COMMUNITY HEALTH, COMFORT. AND WELFARE THROUGH EFFECTIVE AND RESPONSIVE VECTOR CONTROL SINCE 1952 City of Diamond Bar Office Of Councilman Clair W. Harmony Council Memorandum To: Councilmembers Ansari, Miller, Papen, and Werner From: Councilman Clair Harmony Date: January 17, 1995 Subject: Lack of Financial Control - Elaboration of Management Letter Item #5 Conflicts of Interest in Appointment of Consultants without RFP Process In their management letter dated October 7, 1994, and released to the Council January _, 1995 ("management letter"), Thomas, Bigbie, and Smith lists numerous weaknesses in the City's accounting and financial controls. Because the City's response dated December 13, 1994, was one of justification rather than implementation or improvement, I take this opportunity to discuss in detail one weakness in order that the need to fully address this and the other weaknesses is apparent to the Councilmembers. Item #5 of the management letter was captioned "Planning and Engineering Deposits". Thomas, Bigbie & Smith noted that "During our review of the City's deposit accounts it came to our attention that the City is purchasing professional services directly out of these accounts thereby bypassing any budgetary control. Currently expenditures are not recorded as such but instead are merely a reduction of the deposit balances...." As a practical matter, it is not only budgetary controls but all financial controls from competitive bidding and council review have also been lacking in this area. 1 brought this matter to the council's attention last spring and was vindicated by the Moreland report which also took exception to these practices. Staffs response to the Moreland report dated September 29, 1994, confirms that it was policy not merely oversight which permitted the award of all "developer related and reimbursed contracts" without City Council approval and the competitive bidding required for such approval. How significant is such a departure from Council policy as established by Ordinance 20? By way of illustration, I have selected one consultant, Hardy M Strozier of The Planning Associates for review. The file does not indicate that Mr. Strozier was selected after an RFP process and clearly there was no City Council approval of the selection. The fees paid him and periods covered are: Period during which Invoice Amount Date of Check Services were Rendered March 1992 $ 1,662.50 May 19, 1992 June 8,001.20 August 4, 1992 April 5,019.01 September 15, 1992 P.O.Box 4153 Diamond Bar, CA 91765 *** (909) 861-0161: FAV. (909) 861-8881 [Not Paid For At Public Expense] Council Memorandum Councilman Clair Harmony January 12, 1995 Page 2 of 4 May 3,168.61 September 15, 1992 Period during which Invoice Amount Date of Check Services were Rendered July 5,888.77 (A) February 2, 1993 Voucher Register August 6,674.68 October 6, 1992 September 10,106.91 (A) February 2, 1993 Voucher Register October 15,234.31 (A) February 2, 1993 VR November 13,110.51 (A) February 2, 1993 VR December 8,562.50 February 16, 1993 January 1993 11,426.44 March 10, 1993 February 16,483.52 April 6, 1993 March 10,397.33 August 3, 1993 April 19,609.70 July 6, 1993 May 10,942.74 July 6, 1993 June 1,904.00 August 3, 1993 Total $148,192.73 Staff did not make any invoices after June of 1993 available for review. Staff indicated that the $44,340.50 payment in February 1993 (sum of invoices marked with an (A)) was because the developers were slow in reimbursing the City. I have noted the following deficiencies in this history: 1. Lack of a request for proposal and competitive bidding process. 2. Lack of City Council Review. 3. Payments in excess of City Manager's authorization by more than 1500%. 4. Lack of budget and budgetary control. Council Memorandum Councilman Clair Harmony January 12, 1995 Page 3 of 4 5. Lack of developer deposits, lack of timely payment, and accumulation of significant unpaid balances which all act to reduce the professional independence of the consultant. For example, by the end of January 1993, the developers owed Strozier over $64,000 some of which was over 6 months old. 6. Apparent conflict of interest. In December 1991, Hardy Strozier began work on the initial environmental assessment of the Cloverleaf and Madison development projects in the City of Monrovia. This was the first phase of a $200,000 engineering project. One of the major developers footing the bill for this project is Gary G. Miller. Hardy Strozier began work on RNP's South Pointe Master Plan project in March of 1992. Although Mr. Miller claims that he sold RNP in February of 1991 and that he and his father-in-law had no interest in the property after that date, there is substantial documentation to the contrary. For example, the Subdivision Application submitted by RNP with respect to the South Pointe Master Plan, the Environmental Impact Report for the South Pointe Master Plan, the Corporation Deed of Trust and Assignment of Rents recorded by RNP with Los Angeles County, The State of California Statement by Domestic Stock Corporation filed by Jan. C. Dabney as Secretary of RNP on September 3, 1992; and the Agenda for the City of Diamond Bar Planning Commission meeting of April 29, 1993, showing the South Pointe Master Plan as the only agenda item all list RNP's corporate address as 151 Juanita Avenue in Glendora - the same as Mr. Robert L. Rumsey's, Mr. Miller's father-in-law's, home address. These documents are dated from 1991 to 1993. Thus, there is evidence that Mr. Miller could have had significant influence upon Mr. Strozier because of his ownership in Monrovia properties and payment of tens of thousands of dollars of fees to Mr. Strozier for services rendered with respect to the Monrovia properties. There is also evidence to support the fact that Mr. Miller could have influenced Mr. Strozier because of his involvement in RNP. Yet, Mr. Miller sat on the City Council and did not advise it of these apparent conflicts of interest. He claimed that he had no conflicts of interest with the South Pointe Master Plan and would not vote merely to avoid the appearance of a conflict. Furthermore, Mr. Strozier did not volunteer the information in order to clear himself of a conflict of interest. It is also noteworthy that Councilmember Werner, as Planning Director for the City of La Habra, had significant dealings with Mr. Strozier. Mr. Strozier represented Forum Country Clubs of California and their proposed Powder Canyon development of a golf course and 150 luxury homes on 540 acres in the hills of La Habra. Not only was this development project overwhelmingly defeated at the polls in November of 1993, but also the City of La Habra Heights took a financial beating from the proposal. Although Mr. Strozier's client paid a $20,000 deposit, it left the city with $85,000 of unpaid project fees and $15,000 of costs associated with putting the project on the ballot: moreover, the city's total costs related to Powder Canyon were over $400,000 and Council Memorandum Councilman Clair Harmony January 12, 1995 Page 4 of 4 costs not covered in the city's contract with Forum were absorbed by the City. Thus, poor projects management created a huge hit for a city running on a $3 million annual budget. It is interesting that Mr. Werner did not see fit to advise the people of Diamond Bar that the City of Diamond Bar had hired as South Pointe Master Plan project manager, without public or Council review, a project manager who had aggressively advocated the development of the hillsides of La Habra in a manner so unacceptable to and adamantly rejected by the people of La Habra. This reflects very poorly upon the professionalism and competence of the City's staff in hiring qualified consultants, of the consultant's hired upon whose advice the City Council is basing decisions which will affect the quality of life for generations to come, of the directly involved member of the Council, and upon all members of the Council who continue to condone such actions. CC: chrW .M1a9s.&C Submitted to the City Clerk, by Councilman Clair W. Harmon at the Regular Council meeting of Jan. 17. 1995, and made a part of the public record. Recall Against Councilman Clair W Harmony Fact Sheet Prepared by Citizens For A Better Diamond Bar Committee The signers and activists for the recall against Councilman Clair W. Harmony, are an odd assortment of conspirators, who all have links back to Council members Gary Miller, Papen, and Werner. In general they consist of one individual of disreputable with known aliases, a few otherwise prominent local business persons with vested financial interests at stake, employees of Councilmembers and an ex -Councilman who was substantially defeated in the last election. NICK ANIS Nick Anis has played a critical roll in bird-dogging the publicity attack and organization against Councilman Harmony. Both in this recall effort and in the previously threatened effort by the South Pointe Parents group. Also, both efforts are linked to Councilman Gary Miller. Anis, onetime political candidate, emerged in Diamond Bar Politics as a supposed neophyte. He claimed not to know then Mayor Miller, and proceeded to insert himself into the community debate, which always took the pro -development side. He claimed to have been threatened by pro -environmentalist, though he was solely alone in those claims, insisting that he had dead rats left on his door step, that people peed on his car and received hate telephone calls. He also is reported to have claimed that he was a college professor, lawyer, bank Vice President among other things. Anis is noted in Diamond Bar for his flamboyant and inflammatory character. Miller was introducing Mr. Anis to his group of friends as a future political hopeful for Diamond Bar City Council. Soon afterwards it was learned that Mr. Anis had organized a City on-line Telephone Bulletin Board for City Hall. The project was never approved or presented to the City Council at a public meeting, just announced a couple of weeks before going on-line at a grand media event. Invitation were mailed out at city expense to hundreds of media sources (focusing on professional computer writers). Government officials from the Vice President of the United States to Mayor Riordan were invited, as well as computer hardware and software companies from the US and Canada. Mr. Anis is a computer expert, who runs his own commercial on-line Service and Consulting Service. Again, Mr. Anis was soon afterwards running hard for City Council. Working together with Councilwoman Phyllis Papen's associate, Michael Lowe, the two of them put out several anonymous hit pieces against Country Living candidates. The mailers were not factual, even pretending to represent other groups and organizations. They mailed one letter written by a Caroline Elfelt, President of the South Pointe Parents Club which was critical of City Council candidates who wanted to preserve Sand Stone Canyon, also part of the controversial South Point Master Plan, a Gary Miller land speculation deal. (There is some confusion as to the exact words on the letter, since it was originally published to South Pointe Parents at School District expense. School Board President Larry Redinger was more recently warned by the Fair Political Practices Commission for his violation of law in appearing in a video, also produced at public expense, which sought parent support for the Sandstone Canyon School site development.) Elfelt, it turned out was the personal secretary for Gary Miller -- his employee. She also was an organizer of both recall attempts against Councilman Clair W Harmony. Mr. Anis did quite well in the election, coming in fourth in a field of eleven candidates. Submitted to the City Clerk, by Councilman Clair W. Harmony at the Regular Council meeting of Jan. 17. 1995, and made a part of the public record_ committee, Mr. Scott Lovell. The District Attorney filed theft charges against Mr. Lovell, because he not only had stolen property in his truck, but it had the name of the owner written all over it in 2 to 4 foot letters, and also because he tried to flee apprehension, before the police pulled him over. On top of all that, Mr. Lovell has been linked with then Mayor Gary Miller's very expensive political efforts to defeat Councilman Clair W. Harmony. Also, Mr. Lovell was caught by the Sheriff's Dept. in a clandestine episode, which is still unexplained, at a pay telephone in the dead of night as a result of anonymous telephone tips. II. Next the charge is made that Councilman Harmony disrupts meetings. This is not true and is a gross misrepresentation of public debate. Recently, Harmony was denied the "right" to ask a simple zoning question of the City Attorney. Contrary to the charge, Harmony has been denied his rights to represent the citizens who voted him into office. This disrespect from the other council members has been increasing as Harmony has been discovering and blowing the whistle on secret deals and backroom cronyism. III. Harmony is accused of voting against the South Pointe Master Plan, and thereby against the School of the same name. Harmony, who served on our first Planning Commission, a founder of Diamond Bar, and has been a City Manager saw a land grab of dedicated Open Space of the first magnitude. He saw through developer ploys, as argued by Councilman Gary Miller's friends and employees, to link the school with all of the Open Space of Sandstone Canyon -- the wilderness preserve next to the school site. The school district had gotten themselves into a jam because of state funding restrictions, and an old lawsuit with a developer. This was worsened, because the developer claimed he could not comply since the citizens of Diamond Bar objected to the canyon development. It was Harmony who went to Sacramento and got the Governor's Office to grant a time extension to the City's recently referendumed General Plan. The Harmony extension would allow existing projects to proceed, and therefore the South Pointe Master Plan could continue being heard. While Harmony never did agree with a massive development proposal that would have killed other Open Space lands, submitted by the developers and advocated by then Mayor Gary Werner, the school proponents claimed Harmony was against the school. The fact is that even over Harmony's vote, the School District rejected the Council's final approval of the asked for development project. They claimed it was too late. The fact is that, with some 30 day notice foul-ups by staff, there had only been about eight weeks to consider the platter. Gary Miller's personal secretary was an organizer of the School's "citizen" effort. a for "wife's expenses site, and it is clearly recorded a minutes. Harmony Was accused wrongly of vo0ng to have city money p formal IV just the opposite, uet expenses for on junkets." In fact he voted j etc. The out mandatory bane � never junkets, n editorial was lier discussions ab and even a There were eiu but never travel, Bulletin, reporter was Lee outside the city, in the Progr referendum. association a was first written up ,hen the editors realized the 0sunderstand g that le of the mean spirit of this subsequently. Was retracted vote to extra P the t subseq another examp , n contribution to a ller an but tory. This is just a legal car interesting n thtliat boet 1 me fot t rS,20 eemeo. nt 000. Wton� in hers tice tries t0 llnkpp lawsuit. It ated fully eatteYnPts he city ses The recall t10 oma $12'1,0 5 million, vart1Coath of eXtortio sign promi andpapen 3 Of Diamond IB -as, biro% sued fot osed them un,,as one of Jasa membess lvUller Who he yesy rOM1P C the t�.tlenten fe a g itself and Counc' ,n Ah the did neAt o'er $ZOO,Doo de Submitted to the City Clerk, by Councilman Clair W. Harmon at the Regular Council meeting of Jan. 17,1995. and made a part of the public record. However, it should be noted that Harmony did abstain from voting in a subsequent map approval for the same company. Councilman Harmony made the distinction between voting for the city's best interests in the first instance, and not voting on an item that would benefit the developer financially in the second case. While current law would allow a vote in either situation, Harmony chose to invoke the 12 month abstention rule. Papen walked out of the final settlement talks and voted no on the map approval. VI. The decision to hire the current interim attorney was a valid decision, which has resulted in substantial savings, settlement of hundreds of millions of dollars in lawsuits, less risky legal advice, and the architectural impetus to get normal growth going again in Diamond Bar -- a process that was stymied by self-interest and poor planning on the part of the old City Council. This was confirmed with the electorate voting out two of the old guard at the last election. Also, recall proponents claim that Harmony hired his own personal attorney. The fact is that Harmony, which had only $250 worth of work done, switched attorney's so that no appearance of a conflict interest would exist. "The argument," said Councilman Harmony, "that we should not hire the present City Attorney, because he has successfully defended citizen's groups against a corrupt system, is the same as saying that no President of the United States could ever appoint Thurgood Marshall to the Supreme Court, because he won the landmark case of Brown vs. The Board of Education. There is no conflict here, only hiring a successful attorney that thinks in terms of the public's best interest." VII. Harmony has never violated the City's Sign Ordinance. It is true that supporters have placed signs at locations, which were deemed inappropriate, and Harmony made sure that they were removed immediately. Also, the city has been advised that some of its enforcement procedures are in violation of law. VIII. Harmony is no more guilty of endorsing Assemblyman Paul Horcher than any other Republican that voted. These Diamond Bar Recall proponents are in fact in trouble with the Republican Party and the official Recall Horcher committee, because they have illegally tried to link the two recalls for their own advantage. The party has issued an official disassociation statement. Also, local recall proponents will not tell you that most of Harmony's endorsement was to expose Councilman Gary Miller, and how his land speculations resulted in our school children losing $1.5 million, which was spent to buy Sand Stone Canyon. IX. Harmony has exposed the City's out of control financial system, and all of his committee's findings have been substantiated by Moreland and Associates, and more recently by the City Auditor. Examples of misallocating of funds and potential litigable transactions have been identified and forwarded by his office to the District Attorey. A statement by Councilwoman Papen, accusing Harmony of making recommendations about investment funds is unsubstantiated and untrue. 4 SUPPLEMENTARY REPORT DAT8:10-08-93 FILE: 193-17532-2923-144 C:BATTERY 242 P.C.,PETTY THEFT 484(A) P.C. A:ACTIVE, ADDITIONAL WITNESSES IDENTIFIED/ STATEMENTS V#1. HARMONY, CLAIR, WILLIAM 11-12-40, 24.139 AFAMADO LN.,D.BAR 909- 861-0161 W#1.NG,KIM 02-05-64, 11208 EMERY ST., EL MONTE, 818-448-2823 W#2.PALSCENCIA,XAVIER 07-30-76, 23802 SUNSET CROSSING, D.BAR 909- 860-5950 W#3.SAENZ,ARNULFO 04-26-69, 147 W. OLIVE ST., POMONA 909-591-6148 W#4. SGT.CHRIS KELLER, MONTEREY PARK P.D., 320 NEWMARK ST., MONTEREY PARK, 91754 S#l. LOVELL,SCOTT 09-26-63, 816 PALMETTO DR., BREA NO PHONE ON 10-08-93, I CONTACTED V/HARMONY BY TELEPHONE AND I ADVISED HIM OF MY INVESTIGATION. V/HARMONY PROCEEDED TO TELL ME BASICALLY THE SAME AS HE TOLD DEPUTY PACHECO AND ADDED THE FOLLOWING: V/HARMONY TOLD ME THAT SEVERAL OF HIS CAMPAIGN SIGNS HAD BEEN REMOVED OR DAMAGED THROUGHOUT THE CITY OF "DIAMOND BAR". V/HARMONY TOLD ME THAT HE BELIEVED THERE WAS AN ON-GOING CONSPIRACY BY UNKNOWN PERSONS TO RUIN HIS BID TO BE ELECTED TO THE "DIAMOND BAR" CITY COUNCIL. V/HARMONY TOLD ME THAT SOME OF THE OTHER CANDIDATES FOR CITY COUNCIL HAD ALSO HAD THEIR CAMPAIGN SIGNS REMOVED OR DAMAGED BY UNKNOWN PERSONS. V/HARMONY TOLD ME THAT HE BELIEVED THE SUSPECT IN THIS CASE WAS SOME HOW INVOLVED IN THAT CONSPIRACY. V/HARMONY ADDED HIS CAMPAIGN SIGNS FROM D.BAR BL./60 FRWY AND THE SIGN AT D.BAR BL. AND GOLDEN SPRINGS HAD BEEN DAMAGED OR REMOVED. I DROVE TO THE "MOBILE" GAS STATION AT D.BAR BL. AND GOLDEN SPRINGS AND CONTACTED THE OWNER "BOB SIPPLE". i 13- i-7s3a-a-9a3-i 0 �/ a q � I ADVISED MR_SIPPLE OF MY INVESTIGATION AND I ASKED HIM IF HE OR ANY OF HIS EMPLOYEES HAD WITNESSED ANYONE REMOVING THE SIGNS FROM THE WALL ACROSS THE STREET. MR. SIPPLE TOLD ME THAT HE HAD BEEN AT WORK ON THE DAY OF THE INCIDENT AND HAD NOT SEEN ANYONE REMOVING THE SIGNS. MR.SIPPLE THEN CHECKED WITH HIS EMPLOYEES AND THEY TOLD HIM THEY HAD NOT SEEN ANYONE REMOVING THE SIGNS. I DROVE TO THE "SHELL" GAS STATION AT PALOMINO DR. AND D. BAR BL. AND CONTACTED THE EMPLOYEES REGARDING POSSIBLE WITNESS INFORMATION. THE EMPLOYEES AT THE STATION ADVISED ME THAT THEY HAD BEEN ON DUTY ON THE DAY AND TIME OF THE INCIDENT AND HAD ONLY NOTICED THAT TWO MALES WERE BEING DETAINED BY THE POLICE. I DROVE TO THE AREA OF BREA CYN RD. AND PATHFINDER RD. WHERE V/HARMONY HAD TOLD DEPUTY PACHECO THAT ONE OF THE SIGNS HAD BEEN REMOVED. I CONTACTED "CAROL BRALEY",(106 ROCK RIVER DR.D.B 595-3044) WHO WORKS AT 21073 PATHFINDER RD.,(SOUTHLAND CORP. S/W CORNER BREA CYN RD/PATHFINDER) AND I ADVISED HER OF MY INVESTIGATION. "CAROL" TOLD ME THAT THE NIGHT JANITORS HAVE STANDING ORDERS FROM THE OWNERS OF THE PROPERTY TO REMOVE ANY CAMPAIGN SIGNS POSTED ON THEIR PROPERTY. "CAROL" TOLD ME THAT SHE HAD SEEN ONE OF THE JANITORS REMOVING A SIGN WHICH HAD BEEN NAILED TO THEIR SIGN ON WEDNESDAY EVENING. "CAROL" ADDED THAT THE SIGNS ARE NORMALLY REMOVED AND LEFT ON THE LAWN OF THE LOCATION UNTIL THEY ARE PICKED UP BY THEIR OWNERS. I CONTACTED S/LEVOLL BY TELEPHONE AND I ADVISED HIM OF MY INVESTIGATION. I ASKED S/LEVOLL TO MEET WITH ME AT "WALNUT" STATION AND S/LEVOLL AGREED TO MEET WITH ME ON SATURDAY MORNING. ON 10-09-93, I WAS CONTACTED AT "WALNUT" STATION BY A MALE WHO IDENTIFIED HIMSELF AS SCOTT LOVELL. "SCOTT" EXPLAINED THAT HIS NAME HAD BEEN MIS -SPELLED BY THE D.M.V. AND THE DEPUTY WHO WROTE THE REPORT AND THAT THE CORRECT SPELLING OF HIS LAST NAME WAS "LOVELL". S/LOVELL TOLD ME HE HAD BEEN WANTING TO TELL SOMEONE HIS SIDE OF WHAT HAD HAPPENED AND THAT HE WAS WILLING TO CO-OPERATE IN MY INVESTIGATION. V-3- 17 sem- D,9A3- ) 4,4 3q� S /LOVELL TOLD ME THAT AS HE WAS DRIVING NIB ON D.BAR BL . APPROACHING GOLDEN SPRINGS RD., HE SAW TWO LARGE PIECES OF PLYWOOD ON THE GROUND AT THE S/E CORNER OF D.BAR BL. AND GOLDEN SPRINGS ROAD. S/LOVELL TOLD ME THAT THE PLYWOOD LOOKED USABLE' AND IN GOOD CONDITION SO HE DECIDED TO STOP AND PICK IT UP. S/LOVELL TOLD ME THE HE CONSIDERED THE PLYWOOD ABANDONED AND ROAD DEBRIS SO HE STOPPED AT THE "MOBILE" GAS STATION WALKED ACROSS THE STREET AND PICKED UP THE PLYWOOD. S/LOVELL TOLD ME THAT HE DID NOT NOTICE THAT THE PLYWOOD WAS PAINTED AND HE PROCEEDED TO PUT THE PLYWOOD INTO THE BED PORTION OF HIS TRUCK. S /LOVELL TOLD ME HE USED A PIECE OF HEAVY CANVAS STRAP MATERIAL APPROXIMATELY TWO INCHES WIDE TO TIE DOWN THE PLYWOOD. S /LOVELL TOLD ME THAT AS HE WAS ABOUT TO DRIVE AWAY WHEN HE WAS STARTLED BY A MALE,(V) WHO WAS LEANING INTO THE DRIVER'S SIDE WINDOW OF HIS TRUCK. S/LOVELL TOLD ME THAT THE MALE STATED: "HEY, YOU GOT MY PLATES, WHO ARE YOU WORKING FOR ? " S/LOVELL TOLD ME THAT HE THOUGHT THE MALE WANTED HIS TRUCK'S LICENSE PLATE WHICH HE HAD PLACED IN THE REAR WINDOW OF HIS TRUCK. S/LOVELL EXPLAINED THAT THE LICENSE PLATES TO HIS TRUCK HAD BEEN STOLEN AND THAT HE HAD RECENTLY RECEIVED A NEW SET OF LICENSE PLATES. S/LOVELL TOLD ME THAT HE THOUGHT THE MALE WAS CRAZY, SO HE TOLD THE MALE TO GET AWAY FROM HIM AND THAT HE THEN DROVE AWAY NIB ON D.BAR BOULEVARD. S/LOVELL TOLD ME THAT WHEN HE STOPPED FOR A RED STOP LIGHT HE SAW THE VICTIM AT THE BED OF HIS TRUCK TRYING TO REMOVE THE PLYWOOD. S/LOVELL TOLD ME THAT HE EXITED HIS TRUCK AND WALKED BACK TOWARDS THE VICTIM. S/LOVELL TOLD ME THAT AS HE REACHED THE VICTIM HE SAW THAT THE VICTIM WAS HOLDING A FIVE POUND "SLEDGE" TYPE HAMMER. S/LOVELL TOLD ME THAT THE VICTIM RAISED THE HAMMER TO CHEST LEVEL AND HE THOUGHT THE VICTIM WAS ABOUT TO HIT HIM WITH THE HAMMER. S/LOVELL TOLD ME THAT HE GRABBED AT THE HAMMER AND BOTH HE AND THE VICTIM BEGAN TO STRUGGLE FOR CONTROL OF THE HAMMER. S/LOVELL TOLD ME THAT HE MANAGED TO PUSH THE VICTIM BACKWARDS ONTO THE HOOD OF THE VICTIM'S CAR. S/LOVELL SAID THAT THE VICTIM WAS STILL HOLDING THE HAMMER AND THAT IT APPEARED TO HIM THE VICTIM WAS ABOUT TO COME AFTER HIM WITH THE HAMMER. S /LOVELL TOLD ME THAT HE KICKED THE VICTIM ONCE IN HIS (VICTIM`S) "GROIN" AREA AND WALKED BACK TO HIS TRUCK TO DRIVE AWAY AND AVOID ANY FURTHER TROUBLE WITH THE VICTIM. S/LOVELL TOLD ME THAT HE WAS STOPPED AND DETAINED BY THE POLICE. S/LOVELL TOLD ME THAT HE WANTED ME TO "NOTE" THAT THE HAMMER THE VICTIM WAS HOLDING WAS NOT A "CLAW" TYPE HAMMER AND COULD NOT HAVE BEEN USED TO CUT OR BREAK THE STRAP HOLDING THE PLYWOOD. S/LOVELL TOLD ME THAT HE IS NOT WORKING FOR ANYONE WHO IS INVOLVED WITH THE CITY COUNCIL RACE AND THAT HE IS IN NO WAY INVOLVED IN "DIAMOND BAR" POLITICS. S/LOVELL ADDED THAT THE INCIDENT MIGHT HAVE BEEN WITNESSED BY AN OFF-DUTY POLICEMAN OR SOMEONE AT THE "CARL'S JR.". I DROVE TO "CARL'S JR." RESTAURANT WHICH IS LOCATED ACROSS THE STREET FROM WHERE THE INCIDENT OCCURRED, (141 DIAMOND BAR BL) AND I CONTACTED THE MANAGER WING. I ADVISED WING OF MY INVESTIGATION AND I ASKED HIM TO TELL ME WHAT HE KNEW ABOUT THE INCIDENT. WING TOLD ME THAT HE HAD INCIDENT AND HAD SEEN AN YOUNGER MALE,(S) AT THE ACROSS THE STREET FROM APPEARED TO HIM AS THOUGF A HAMMER. WING TOLD ME F OLDER MAN ONTO THE HOOD YOUNGER MAN KICK THE OLD] HIS EMPLOYEES,(W #2 & #2 BEEN WORKING ON THE DAY OF THE OLDER MALE,(V) FIGHTING WITH A REAR OF A BROWN "TOYOTA" TRUCK "CARL'S JR.". WING TOLD ME IT :THE MALES WERE STRUGGLING OVER E SAW THE YOUNGER MAN PUSH THE OF A CAR, AND THAT HE SAW THE ;R MAN. WING TOLD ME THAT TWO OF ) HAD ALSO SEEN THE INCIDENT. I CONTACTED W/PALSCENCIA WHO TOLD ME THAT HE SAW TWO MAN FIGHTING IN THE STREET. W/PALSCENCIA SAID THAT IT APPEARED TO HIM AS THOUGH THE MEN WERE STRUGGLING OVER SOMETHING IN THEIR HANDS. S ry I CONTACT]D W/SAENZ WHO TOLD ME THAT HE SAW TWO MEN FIGHTING IN THE STREET. W/SAENZ TOLD ME THAT IT APPEARED TO HIM AS IF' THE MEN WERE STRUGGLING OVER A SMALL OBJECT IN THEIR HAIJDS. W/SAENZ TOLD ME THAT IT APPEARED TO HIM THAT THE YOUNGER MAN WAS THE AGGRESSOR. W/SAENZ SAID HE SAW THE YOUNGER MALE PUSH THE; OLDER MALE ONTO A CAR AND SAW THE YOUNGER MALE START TO CHOKE THE OLDER MALE. W/SAENZ TOLD ME THAT HE SAW THE YOUNGER MALE STEP BACK AWAY FROM THE OLDER MALE AND ^HEN KICK THE OLDER MALE IN THE "GROIN" AREA. W/SAENZ SAID THE YOUNGER MALE GOT INTO A TRUCK AND HE SAW THE OLDER MALE START TO PULL SOME PLYWOOD FROM -THE TRUCK AS IT STARTED TO DRIVE AWAY. W/SAENZ ADDED THE TRUCK DROVE AWAY A SHORT DISTANCE BEFORE IT WAS STOPPED BY THE POLICE. I CONTACTED V/HARMONY BY TELEPHONE AND I ASKED HIM TO BRING IN THE HAMMER HE HAD USED TO PULL THE STRAP OFF OF THE PLYWOOD. V/HARMONY RESPONDED TO THE STATION WITH A "SLEDGE" TYPE HAMMER. I PHOTOCOPIED THE HAMMER, (SEE ATTACHED) AND RELEASED THE HAMMER BACK TO V/HARMONY. ON 10-11-93, I CONTACTED DEPUTY PACHECO AND I ASKED HIM IF HE HAD GOTTEN THE NAME OF THE OFF DUTY POLICEMAN THAT WAS AT LOCATION DURING THE INCIDENT. DEPUTY PACHECO ADVISED ME THAT HE HAD BEEN CONTACTED AT THE LOCATION BY AN OFF DUTY "MONTEREY PARK" POLICE SERGEANT. (CHRIS KELLER 818-307-1200) DEPUTY PACHECO TOLD ME THAT SGT. KELLER HAD NOT GIVEN HIM ANY WORKABLE INFORMATION. I TELEPHONED "MONTEREY PARK" P.D. AND LEFT A MESSAGE FOR SGT.KELLER TO CONTACT ME REGARDING THE INCIDENT. ON 10- 12-93, I WAS CONTACTED BY SGT.KELLER. I ADVISED SGT.KELLER OF MY INVESTIGATION AND I ASKED HIM TO TELL ME WHAT HE KNEW ABOUT THE INCIDENT. SGT.KELLER TOLD ME THAT HE SAW TWO MALES,(ONE YOUNGER,ONE OLDER) STRUGGLING IN THE STREET. SGT.KELLER TOLD ME THAT HE TRIED TO CALL "911" ON HIS CAR TELEPHONE BUT INSTEAD EXITED HIS CAR WHEN THE DEPUTY ARRIVED. 5 Uq� SGT.KELLER TOLD ME THAT WHEN HE FIRST SAW THE TWO MEN, THE YOUNGER MAN APPEARED TO BE PUNCHING OR PUSHING THE OLDER MALE AND IT LOOKED TO HIM AS IF THE YOUNGER MALE WAS OVERPOWERING THE OLDER MAN. SGT. KELLER ADDED THAT HE WOULD GLADLY APPEAR IN COURT TO TESTIFY ON WHAT HE HAD SEEN IF CALLED. BASED ON THE STATEMENTS MADE BY THE VICTIM AND WITNESSES IN THIS CASE. THIS REPORT IS BEING SUBMITTED TO THE D.A. FOR THE CONSIDERATION OF THE FILING OF CHARGES. INVESTIGATOR : DET . REYES #213612 APPROVED BY :a9t. 01t a yrr.«<, #0g0009 m 1. I i XTNUTTB OV TUN b29V eowwoRL ADJOURNED REGULAR AND REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 1, 1994 CALL TO ORDER: Mayor Werner called the Adjourned Regular Meeting to order at 6:04 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Council Members Ansari, Miller, Papen, Mayor Pro Tem Harmony and Mayor Werner. Also present were Terrence Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 7. PUBLIC HEARING: 7.1 VESTING TENTATIVE TRACT MAP NO. 51169, CONDITIONAL USE PERMIT NO. 92-3, ZONE CHANGE NO. 92-2, OAK TREE PERMIT NO. 92-3, AND CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 92-2 (APPLICANT: UNIONWIDE, INC) - CDD/De Stefano reported that the project is located at the end of Blaze Trail in "The Country" and that the applicant requested a zone change from A22 (heavy agricultural) which is consistent with existing development within The Country, contemplated projects for the future, the draft General Plan, and with the Planning Commission's recom- mended draft General Plan. He advised that the Country has CC&R's that require a minimum of one acre or 40,000 $q. ft. lot developments. The zone change is necessary to support the proposed subdivision of 14 units on 20 acres, with the 14th lot having a sewer pump station for the development. Lot sizes range from 1 acre to less than 2 1/2 acres and the overall density for the site is .65 units per acre. The lots were designed to yield pads with a minimum of 10,000 sq. ft. of net area with an average pad size of approximately 17,000 sq. ft. He stated that the range in pad sizes is from lot 12, which is at about 13,000 sq. ft. to lot 1, which is at about 26,500 sq. ft. He stated that the pads offer an average depth and width of 1,200 ft. and the property lines are a minimum of 125 ft. in length, with the exception of two lots located at the radius of the cul-de-sac and lot 5. All of the streets are proposed to be private, are designed to meet the City's typical private street section and the street grades are proposed to range from 2% to 12%; the 12% grade is a very short run at the extension of Blaze Trail. The sewer pump station is located on lot 14 at the end of Gold Rock and is designed to carry a capacity large enough for this project as well as the contemplated project next door to the south of this site, known as Tentative Tract 46485. He stated that the grading and geotechnical issues for the project revolve around earth work of approximately 185,000 cubic NOVEMBER 1, 1994 PAGE 2 yards over about 16 acres of the site and cuts off about 35 ft. and fills about 40 ft. He advised that this would leave the balance of the site in a natural or undisturbed state. He also advised that lots 3, 7 and 8 will have cut and fill proportions that bisect the pad and the lots will be required to comply with the minimum over excavation of the pad pursuant to the geotechnical report. He stated that one of the issues that came before the Planning Commission was how the applicant was going to deal with the off-site slide on Tract 46485 and what impact it may have on the safety and quality of development on this project site. The Planning Commission conditioned the project to incorporate additional geotechnical work and the work has moved along with the applicant's consultants and City consultants reviewing the work. He stated that an additional geotechnical report came back and indicated that there indeed was a slide in this immediate area off-site that impacted the project slightly in terms of how it affected the street, the future Gold Rock Lane. The solution and three options were proposed: Gold Rock Ln. will be pushed in an easterly direction about 15 to 20 ft. which effects lot 2 (loses 3,000 sq. ft.) and lot 3 (loses 1,000 sq. ft). He advised that the project requires a conditional use permit because it is within a hillside management area defined in two ways: 1) by the City's hillside management ordinance that categorizes any property that has a slope of 10% or greater as hillside management and 2) by the County Code which looks at steeper slopes of 25% or greater. As a result, the project has incorporated the issues related to landform grading and vegetation techniques. He pointed out that the project incorporates the techniques outlined within the hillside management ordinance in terms of not contour grading but landform grading with an attempt to mimic the natural setting and not simply painting a pallet of landscaping materials that's not native to the area but with vegetation materials that are native. The project is at the most northerly corner SEA 15 and is part of the 62 SEA designations that the County established in 1976 and D.B. established as a result of the significant amount of oak woodland found within the broader Tonner Canyon area. He advised that this project would impact about 14 to 15 acres of the SEA and disturb the wildlife that exists on the site and that SEATAC endorsed the project with a number of recommendations such as: 1) responding to the loss of walnuts and a single oak tree; 2) requiring the developer to replace all of approximately 167 walnuts that would be disturbed at a 2-1 ratio as well as relocate the existing oak tree (oak tree permit). He stated that SEATAC and the Planning Commission endorse replacing the walnuts on a 2-1 basis and the majority of the trees replaced on site. If not possible, if the excess cannot be planted on-site, then the trees could be presented to the City for the City's NOVEMBER 1, 1994 PAGE 3 use. He advised that the project went through formal entitlement review at the Planning Commission level and the Commission unanimously recommended approval of all of the components of this project. He recommended: 1) receiving from Engineering staff answers to questions on the material provided; 2) opening the Public Hearing and receiving testimony on the EIR and the project; 3) closing the Public Hearing and directing staff to prepare all necessary documents for certification of the EIR and approval of the project. C/Miller asked ICA/Montgomery if he had a conflict of interest because he owns property 650 ft. from the corner of the property. ICA/Montgomery advised that if it's between 350 and 2,000 ft. and has no effect on his property, there would not be a conflict of interest. M/Werner asked if the property is in the Country Estates or will it have to be annexed and is it subject to the same court decision that affected the Transamerica surplus property that had been required by DBA. CDD/DeStefano advised that the property is part of the "back" Country and would involve a possible annexation into The Country in the future. The property is clearly indicated by The Country's Homeowner's Assn. that it would become a part of the Association. M/Werner asked if the Country Association offered any written testimony in support or otherwise on this project. CDD/DeStefano stated that he doesn't recall any verbal communication by members of the Country; however, correspondence was received two months ago indicating that the project should work toward annexation into the Country or come up with their own series of recreational amenities and that the CC&R's should be consistent with those of the Country. M/Werner asked if this is a vesting map and what plan does it fall under. CDD/DeStefano replied that it is vested in the 1992 General Plan and the application was received and processed after adoption of the 1992 plan. M/Werner questioned the land use designation and the zoning that is now on the property, is it a single family lot, and would it be consistent with the General Plan. In response to C/Papen, CDD/DeStefano advised that the information regarding donating the remaining walnut trees NOVEMBER 1, 1994 PAGE 4 to the City is found in both Resolution No. 91-16, Exhibit B1, Page 7, Condition 19 and SEATAC report and that the fee for these trees could be approved at a later date. Lex Williman, Planning Director, Hunsaker & Assoc., stated that the land was purchased in 1991 believing that the Council wanted a development in the community. He felt that the project is what the Council is looking for in an environmentally safe project. He stated that the applicant is willing to move the street away from the off-site landslide and that there are no other geotechnical issues on site other than some minor colluvium and alluvium in the canyon which would have to be removed as part of the regular grading. The only issue they had to address for SEATAC was the walnut trees and they agreed to remove and replant the one oak tree in an area as suggested by the biologist. The top soil will be stockpiled and used once the mass grading has been done and replaced on the major slopes that intend to be replaced as natural. The applicant has supplied a multi -function, on-site urban pollution basin at the bottom of the canyon to catch off-season water flows during the dry season. This would include catching the landscaped irrigation water running down the street during the dry season and during the wet season, it will be designed to catch the first flush run off. There is an equestrian trail on-site which will not be moved; however, the easement does not coincide, but will coincide with the trail physically. He pointed out on the map all of the undisturbed areas adjacent to the Boy Scout property. He stated that the only issue would be +-haf- thcro he a ai i rrht- mmA i f i meati cin to condition 41 relating to reclaimed wate given them draft language i have to provide an irrigat areas that would be easily the event that it becomes they agree with that; howe` a redundant system with t lot when they have been District that reclaimed foreseeable future and that be watered for the first the water and letting nate areas that would be irrigai those closer into the pads map was officially file Council approved the 19S applications, including t General Plan as a resident: that the rezoning reques consistent with the rural applicant will mitigate t) extent that it makes sena r. He advised that staff has hat basically says "that they ion system for the open space connected to reclaimed area in available." He advised that er, they do not want to create ie whole subdivision for each told from the Walnut Water water will not be in the all of the property will only 3-5 years, slowly turning off re take its course. The only ed on a regular basis would be He advised that the vesting l and deemed complete after 2 General Plan and all the he zoning, vested under that .al designation. He commented t from A22 to R-140,000 is residential designation. The ,e walnut trees on-site to the e biologically and what they NOVEMBER 1, 1994 PAGE 5 can't do on-site, there will be an off-site mitigation fee for the City's use and recommendation MPT/Harmony asked what the three alternatives were for adjustment of the road alignment and what was the preferable solution. Mr. Williman advised that they will build a full width street which will be moved over to avoid the off-site slide which will cut into lot 2. C/Ansari complimented the applicant on the urban basin project and asked if the "guzzlers" for the animals were included in the vegetation plan. Mr. Williman stated that they would put the "guzzlers" in for the animals. C/Papen asked about the sideyard setbacks and stated that the City's standard is 10 to 15 ft. back from the lot line. Mr. Williman explained that they would meet existing zoning and would attempt to articulate the lots vertically so that there are slopes in between, so the homes are not on top of each other. He advised that on a minimum, there will be a 40 ft. area in between the homes. C/Papen stated that a homeowner's association would be needed in order to pay for that lot 14 pump. She asked if the Council were to require full annexation into The Country, would the homeowner's association still be necessary. Mr. Williman advised that it would be necessary and asked the Council not to require them to annex them into the Country. In regard to reclaimed water and open spaces in the project, C/Papen asked who would maintain the watering and be responsible for that in the 3-5 year period. Mr. Williman advised that the homeowner's association would be responsible. C/Papen asked staff about the ownership of lot 14 and if it's appropriate for the City to do that. She expressed concern about the homeowner's assn. following through with the ideas and if there is some way we can make sure the intent of the Planning Commission and the Council is achieved and not leave it subject to an individual without some kind of inspection or guarantee that it's going to be done. NOVEMBER 1, 1994 PAGE 6 M/Werner advised that this issue would be taken up in the deliberations. RECESS: M/Werner suspended the Public Hearing at 6:55 p.m. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES 2.1 M/Werner presented a plaque to Mrs. Charles Heim in memoriam to her husband, slain LAPD officer Charles Heim who was killed in the line of duty. Capt. Haggerty and Police Officer Pena were also present. M/Werner called for a moment of silence in memory of Officer Heim and in memory of community resident Charles Majus who also recently passed away. RECONVENE: M/Werner reconvened the Public Hearing at 7:05 p.m. 7. PUBLIC HEARING (CONT'D.) 7.1 VESTING TENTATIVE TRACT MAP NO. 51169 (CONT'D.) - Martha Bruske, 600 S. Great Bend, expressed concern that City staff and elected officials were discussing compensation for destruction as off-site mitigation which means replacing a destroyed tree by planting one or two elsewhere in the City or paying money in lieu of the trees' value to be given to the City. Wilbur Smith, 21630 Fairwind Ln., asked how the inconsistency of the General Plan and the 2 acres would be resolved. Max Maxwell, 3211 Bent Twig In., complimented the Council and the developer for their presentation. He advised that he sat on SEATAC when this issue was heard. Don Schad, 1824 Shaded Wood Rd., stated that he agreed with the other speakers and the layout is exceptional; however, he expressed distress over the canyon being developed. He recommended approval of the project. There being no further testimony offered, M/Werner closed the Public Hearing. Mr. Williman advised that they have been careful to be consistent with both the 1992 and 1994 General Plans. CDD/DeStefano advised that the property is currently zoned agricultural,but since 1992, the General Plan has designated the property for residential development at a density of one unit per acre. The applicants request incorporates a zone change which would make the property consistent with the contemplated General Plan and with the zoning upon which the developer proposes. He stated that if the land were to stay zoned agricultural, then NOVEMBER 1, 1994 PAGE 7 there is a long list of land uses that may not be compatible with surrounding development that could be incorporated if the property were to remain agricultural. In terms of the ecological area and discussion within the General Plan, the SEA is an overlay designation upon property within the City and within the sphere of influence. He also stated that the SEA implores developers and property owners to be observant of the fact that they are within a unique environment. 1. CALL TO ORDER: M/Werner called the Regular Meeting to order at 7:15 p.m. ROLL CALL: Council Members Ansari, Miller, Papen, Mayor Pro Tem Harmony and Mayor Werner. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 9.5 ACCEPTED RESIGNATION OF PLANNING COMMISSIONER - Mrs. Lydia Plunk, effective October 28, 1994. 9.6 APPOINTED PLANNING COMMISSIONER FOR UNEXPIRED TERM - C/Papen suggested the appointment of Robert Huff to complete the unexpired term of Lydia Plunk on the Planning Commission. Mr. Huff stated that he is honored to have his name recommended to be on the Planning Commission and described his family and profession. Wilbur Smith, 21630 Fairwind Ln., asked why the City waived the 20 -day notice period. ICA/Montgomery advised that this would be a temporary appointment during the 20 -day waiting period. He indicated that anyone could still apply for this opening. CC/Burgess administered the Oath of Office to Mr. Huff as Interim Planning Commissioner. C/Papen moved, MPT/Harmony seconded to waive the 20 -day waiting period in order to appoint Robert Huff to the Planning Commission. With consensus of Council the motion passed. Following discussion, C/Papen amended the motion, MPT/Harmony seconded to accept the resignation of Lydia Plunk and appoint Robert Huff as interim Planning Commissioner. With the following Roll Call vote, motion carried: NOVEMBER 1, 1994 AYES: NOES: ABSENT: PAGE 8 COUNCIL MEMBERS - COUNCIL MEMBERS - COUNCIL MEMBERS - 7. PUBLIC HEARINGS (CONT'D Miller, Ansari, Papen, MPT/ Harmony, M/Werner None None 7.1 VESTING TENTATIVE TRACT MAP NO. 51169, CONDITIONAL USE PERMIT NO. 92-3, AND CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 92-2 (APPLICANT: UNION WIDE, INC.) - C/Papen suggested amending the Conditions of Approval as follows: 1) add that the applicant shall apply for annexation to The Country Estates with fees not to exceed $12,000 per lot, if the vote is rejected, then the condition would not apply; 2) new streets to be constructed with asphalt rubber; 3) discuss reclaimed water systems on individual lots separate from the landscaped areas; and 4) designated who will maintain the 3-5 years of watering in vegetated areas. M/Werner added the Condition that if litigation is brought against the project, the owner would participate in a proportionate share. C/Ansari suggesting adding all of SEATAC•s conditions. C/Miller moved, MPT/Harmony seconded to approve Vesting Tentative Tract Map No. 51169, Conditional Use Permit No. 92-3, Zone Change No. 92-2, Oak Tree Permit Report No. 92-2 (Applicant: Union Wide, Inc.) and have staff come back with findings and conditions. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner None None RECESS: M/Werner recessed the meeting at 7:41 p.m. RECONVENE: M/Werner reconvened the meeting at 7:55 p.m. 8. OLD BUSINESS: 8.1 TENTATIVE TRACT NO. 51253, CONDITIONAL USE PERMIT NO. 92-12, AND OAK TREE PERMIT NO. 92-9; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: SASAK CORPORATION) - Elizabeth Hodges, 1604 Morning Sun, expressed concern regarding the hazards of the project and the amount of dirt being hauled away down residential streets. Further, she indicated concern that Mr. Patel would be building the homes for his friends and family. Mike Collins, 1612 Morning Sun, expressed concern that NOVEMBER 1, 1994 PAGE 9 the grading behind his home would be raised 12 feet --7 feet above the level of his lot and that there are too many homes in such a small area. Eric Stone, 24401 Darrin Dr., expressed concerns about the restricted language that surrounds the property and the restricted land use that the owner has for building on his property. He stated that overall, he is in favor of this project. Chandu Patel, 2170 Carly Ct., Rowland Heights, advised that people should not be concerned about the type of people living there and stated that there shouldn't be rules or regulations that restrict building because of the view of another. Lydia Plunk, 1522 S. Deerfoot, reported that this project was before the Planning commission in May 1993 and was approved as part of a Master Plan. She felt that the applicant had waited too long and deserved a decision. Max Maxwell, 3211 Bent Twig Ln., asked if it was the EIR or the Plan that was approved in 1993. He expressed anger that all of the issues are not resolved before a plan is approved. M/Werner advised that it was a Planning Commission recommendation. Chuck Boler, Morning Sun, expressed concern that Mr. Patel changed the property layout and that makes the current neighbors concerned. He stated that his is not against the three homes being built on the three parcels. C/Ansari stated that 35% of the grading has to be completed off-site and expressed concern regarding removal of the dirt. Lynn Mutch, Pfeiler & Assoc., advised that his firm is working with the School District to export the dirt to their area, but was not prepared to answer the traffic problem to the school. He indicated that intensive landscaping or trees would mitigate the view problem. M/Werner asked if the applicant could come up with an alternative design that is balanced on-site and still get 21 lots. Mr. Mutch advised that that was not possible because there would be grades up to 20%. He reiterated that there is a tentative agreement with the School District. C/Papen expressed concerns with the difference in elevation between pads 16 and 17 of more than 5 ft. NOVEMBER 1, 1994 PAGE 10 Mr. Mutch advised that the reason for the differential is because the street is a 12% grade and that the steepness of the street could be changed but they do not really want to do that. C/Ansari asked how many houses could the applicant safely have if he had to reduce the number of houses on that property and contain the grading and the soil within his property. Mr. Mutch answered that 14 would be the maximum houses built in order to reduce soil movement and grading. Jan Dabney, consultant to Mr. Patel, advised that the project represents the same consideration that he would have received from the prior owner of the property. MPT/Harmony asked ICA/Montgomery to review the elements of the map restrictions that are on the property and how it relates to open -space dedications, how might it have been attached to the original development of the Pathfinder Assn. ICA/Montgomery answered that, in a density restriction, the Council can request that this property be re -subdivided and that the General Plan be revised. He advised that the Council needs to decide what the draft General Plan is going to look like and the Council can overrule the Planning Commission's findings. M/Werner asked if the above means that the applicant cannot subdivide the property. ICA/Montgomery answered that the Government Code states that the Council can re -subdivide and that these parcels, as recorded, only allow one dwelling. CDD/DeStefano read from Tract No. 32576, recorded September 1979, "We hereby dedicate to the County of Los Angeles the right to prohibit the construction of more than one residential building within lots 46, 47 and 48" and those are Mr. Patel's properties. C/Miller asked what the difference was between the statements: 1) the property owner dedicates the right to restrict residential building and 2) the property owner dedicates the right to restrict no more than one residential building. ICA/Montgomery advised that in one instance there are no buildings and in the other, there is one building. C/Miller stated that there is a proposed 20 ft. lot line adjustment. The property that will be adjusted is supposedly restricted property and once it is adjusted, NOVEMBER 1, 1994 PAGE 11 it will then not be restricted. ICA/Montgomery advised that this would be called subdividing. C/Papen stated that the purpose of the 20 ft. easement was to give access to the street from the propety owned by the School District and what if the map was to provide the 20 ft. easement by opening up one of the cul-de-sacs near the School District's property. If the easement were through the street, would that not answer the question. M/Werner advised that lot 5 could accommodate a smaller house within the City's restrictions. C/Papen asked if the Planning Commission requires 6,900 ft. pads on all of these lots. CDD/DeStefano advised that the number is 6,000 ft. pad. ICA/Montgomery stated that before any lots are reconsolidated, any open space restrictions are going to have to be properly removed from the consolidated portion. M/Werner moved, C/Papen seconded, to conceptually approve the project as proposed with the following restrictions or provisions: 1) demonstrate that Lot No. 5 and any other lot of a similar depth is buildable to the specifications of City standards without variance; 2) if Lot No. 5 comes back unbuildable, then the lot would provide amenities for the neighborhood; 3) grading remain on-site or on the adjoining site; 4) grade lot number 17 so that it does not exceed elevation of Mr. Collins' lot; 5) that similar conditions recommended by the Planning Commission be attached as well additional conditions the City has looked at for other subdivisions including litigation, tree removal and replacement, etc. with this package brought back to Council. C/Papen stated that on page 11 of the Conditions of Approval, Conditions 9, 10 and it are the same as those in the Arciero project for replacing and transplanting eight oak trees, seedlings, etc. and should be modified for this project. Following discussion, M/Werner withdrew his motion. In response to M/Werner, CM/Belanger explained that as long as Council does not give the impression that the project is approved, then the property owner can be required to answer questions and/or provide solutions. He indicated that creation of lots 5, 6, 7, 8 and 9 depends, to some extent, upon acquisition of the NOVEMBER 1, 1994 PAGE 12 property. ICA/Montgomery reported that, regardless of restriction, the Council can create it as buildable property as long as it went through appropriate procedures. CM/Belanger advised that if the Council adopts a condition and some future Council decided not to provide approval for that condition, it is questionable whether that condition is held to be valid. M/Werner restated Council's discussions: 1) the map shows a heavy boundary line which is Mr. Patel's ownership; however it shows proposed lots that extend beyond that boundary onto school property which Mr. Patel does not own; 2) by grading off-site, Mr. Patel is creating excess dirt that cannot be accepted on to his property which would have to be moved off-site, impacting neighbors; 3) if Mr. Patel gets the go ahead, it may not be binding until Council sees the next tentative map. Mr. Patel explained that the dirt will be moved to the School District's property. He displayed letters from the School District proving their agreement with movement of the dirt onto their property. The School District also indicated interest in selling the property to Mr. Patel. M/Werner reiterated that Mr. Patel is willing to rely on the future acquisition of school property and that he can keep the dirt on his own site or the School District's site, but that he does not agree with getting a conditional approval. Jan Dabney advised that Mr. Patel is willing to take the conditional approval. M/Werner stated that if the School District fails to sell the property to Mr. Patel, then he would need to come back for an amended tentative map. MPT/Harmony stated that the 21 homes would be a burden on the streets and that there are no Planning Commission approvals except a denied General Plan. The project should be referred back to the Planning Commission for amendment with full considerations. He indicated that he would like to see the project cut in half. C/Papen felt that the pad sizes were too large and suggested restricting grading to the property or adjacent property and that no dirt would be trucked off-site. Further, a direct easement for the school through this property should be provided for clear access to Morning Sun which would mean opening the end of the cul-de-sac. She asked that if lot 3 is adjusted, what does that do to NOVEMBER 1, 1994 PAGE 13 lot 4 with an already existing 9 1/2 ft. difference in elevation between those two pads. CDD/DeStefano suggested that staff be directed to prepare final environmental documents including a Statement of Overriding Considerations and, if appropriate, mitigation measures to match the project which would incorporate any off-site mitigation measures required as a result of the placement of the grading. C/Papen stated that lots 12 and 13 are oblong in shape but only 60 ft. wide. With a 15 ft. side yard setback, that leaves 45 ft. MPT/Harmony asked why the Council was looking for an easement and expressed concern that Mr. Patel was using the School Districts property as a dumping ground. C/Papen advised that she requested the easement so that the property would not be landlocked and to provide a potential for access. It was moved by M/Werner, seconded by C/Miller to incorporate the suggestions made by C/Papen and approve the Map with the provision that all grading be on the property or adjacent property; an easement be extended for access to the school property; annex the property to LMD 38; elevation for Lots 3 and 4 be adjusted to conform to the elevation of the adjoining parcel to the rear. Staff was directed to prepare the conditions recommended by the Planning Commission and add them to conditions enumerated by M/Werner, along with conditions regarding litigation and other approved hillside projects. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Papen, Miller, M/Werner NOES: COUNCIL MEMBERS - Ansari, MPT/Harmony ABSENT: COUNCIL MEMBERS - None RECESS: M/Werner recessed the meeting at 9:28 p.m. RECONVENE: M/Werner reconvened the meeting at 9:43 p.m. 3. PUBLIC COXKZNTS: Max Maxwell, 3211 Bent Twig Ln., commented: 1) on the check C/Papen received for her pending lawsuit; 2) the General Plan indicates Tonner Canyon as a planned development and 3) announced that the Court ordered a recount of the petition signatures in the recall effort against C/Papen and C/Miller. C/Miller advised that the Judge did not order a recount but said that if the recall committee wanted to pay for a recount, they would have to pay for the City Clerk and a Magistrate. Steve Nice, Rising Star Dr., also stated that the Judge ruled NOVEMBER 1, 1994 PAGE 14 to allow a recount of the recall signatures. Clay Chaput, Asst. Superintendent, WVUSD, stated that the restrictions on the school property are map restrictions which indicate that there shall be no residential buildings on the property. 4. COUNCIL CONKENTS: C/Papen responded to Mr. Maxwell and Mr. Nice by stating that there was no settlement in her case --the other party submitted an order to drop the appeal, which the Judge signed. She stated that she was also in the Court room when the Judge tentatively ruled that the recall committee would have to pay all costs for a recount and that another hearing was scheduled for the committee to indicate willingness to pay the costs. C/Ansari announced that the Historical Society would be hosting a celebration on October 27, 1994 to commemorate the 30th anniversary of the D.B. Country Club. She also stated that a free shuttle will be provided by the City and the Gas Co. for senior citizens to get to polling places on November 8, 1994. She advised a summary of the 1994 ballot initiatives have been put on City -On -Line and that the first training session for City -On -Line will be held November 9, 1994 from 7:00 - 8:30 p.m. at the Heritage Park Community Center. 2.2 PROCLAIMED THE REMAINING HOLIDAY MONTHS AS "BUCKLE UP FOR LIFE CHALLENGE." 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC & TRANSPORTATION COMMISSION - NOVEMBER 10, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 VETERANS HOLIDAY - FRIDAY, NOVEMBER 11, 1994 - CITY OFFICES WILL BE CLOSED. Will Reopen on Monday, November 14, 1994. 5.3 PLANNING COMMISSION - NOVEMBER 14, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - NOVEMBER 15, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: MPT/Harmony moved, C/Ansari seconded to approve the Consent Calendar: With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of September 22, 1994. 6.2 APPROVED VOUCHER REGISTER DATED NOVEMBER 1, 1994 IN THE AMOUNT OF $478,823.45. NOVEMBER 1, 1994 PAGE 15 6.3 RECEIVED & FILED TREASURER'S REPORTS - Months of August and September, 1994. 6.4 REJECTED CLAIM FOR DAMAGES - Rejected the Claim for Damages filed by Radine Prado on October 18, 1994 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5 ADOPTED RESOLUTION NO. 93-54A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE DESIGN AND DEVELOPMENT -OF PANTERA PARK. 6.6 ADOPTED RESOLUTION NO. 94-50: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND LANDSCAPING AND LIGHTING ACT DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT NO. 284-107. 6.7 APPROVED RECLASSIFICATION OF ADMINISTRATIVE ASSISTANT POSITION TO SECRETARY IN THE COMMUNITY SERVICES DEPARTMENT. 7. PUBLIC HEARINGS: NONE 8. OLD BUSINESS: 8.2 DISCUSSION RE RESOLUTION NO. 94-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RE: NO LEGAL DEFENSE OF COUNCIL MEMBERS. CM/Belanger advised that the matter had been continued for quite some time and that, at the time the Resolution was adopted, Council committed to having the item placed back on the agenda so additional testimony could be given. With Council consensus, it was agreed that no further action was necessary. 8.3 RESOLUTION NO. 91-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION - CM/Belanger advised that this matter had been continued for several meetings and that there were a variety of issues included in this resolution. He read recommendations submitted by Dr. Rhodes. M/Werner stated that Mr. Rumpilla had recommended that Council meetings should start at 6:30 p.m., with a time limit placed on each category of the Agenda and that Old Business should be first. C/Papen suggested that the Resolution be amended prohibiting the use of City property, vehicles, NOVEMBER 1, 1994 PAGE 16 stationery, etc. to endorse political candidates. ICA/Montgomery advised that City property may not be used for partisan political activities. MPT/Harmony suggested adding "there shall be no personal gain from the use of City logos and City business cards which are printed by the City." ICA/Montgomery suggested that the policy be changed to provide that stationary containing the names of all Council Members will only be used for governmental business and not distributed to community at large. M/Werner advised that he does not want to see the City's generic letterhead used by the Council Members for political gain. M/Werner reiterated the following: 1) City Stationary with the City Council Members' names would be used for governmental business purposes only; 2) City stationary without Council Members' names is unlimited. C/Papen again stated that City stationary should not be used for political purposes regardless of whose name is on the stationary. M/Werner advised that C/Papen and C/Ansari will come back with recommendations on stationary use. C/Papen moved, C/Ansari seconded to approve "Robert's Rules of Order" current printing presented by Dr. Rhodes. C/Miller moved, MPT/Harmony seconded to amend Paragraph 3 by deleting the last sentence. Motion carried 3 to 2 with C/Papen and C/Ansari voting No. C/Miller moved, MPT/Harmony seconded to approve Dr. Rhodes' recommendation for the use of Robert's Rules of Order. Motion carried unanimously. C/Papen moved, C/Ansari seconded to begin Council meetings at 6:00 p.m. and not amend the Resolution. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Miller, Ansari, Papen, M/ Werner MPT/Harmony None 8.4 CITY COUNCIL SUB -COMMITTEES - continued from October 18, 1994 - M/Werner recommended that all sub -committees be suspended except for the Finance Sub -Committee and use a rotation basis to appoint people on an ad hoc basis as issues arise. NOVEMBER 1, 1994 PAGE 17 C/Papen asked if the MRF Committee was an ad hoc committee. Gary Neely, 344 Canoe Cove Dr., advised that there is a need to continue the Economic Development Committee and asked for clarification on the status of the City -On -Line Technical advisory Committee being a standing committee or ad hoc committee. M/Werner advised that is a citizen's committee. C/Papen moved, C/Ansari seconded to approve abolishment of sub -committees except for the Finance Committee and Council or citizen committees. Motion carried unanimously by the following Roll Call vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner None None 8.5 RESOLUTION NO. 94-51: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING AN EXISTING TWO-WAY STOP CONTROL ON COLD SPRING LANE AT BREA CANYON ROAD TO A FOUR-WAY STOP CONTROL AT THE INTERSECTION OF BREA CANYON ROAD AND COLD SPRING LANE- Continued from October 18, 1994. Gary Clute, Fountain Spgs., presented a petition requesting a traffic study on Fountain Spgs. Rd. and the entire Heritage Park area. MPT/Harmony moved, C/Papen seconded to adopt Resolution No. 94-51 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING AN EXISTING TWO-WAY STOP CONTROL -ON COLD SPRING LANE AT BREA CANYON ROAD TO A FOUR-WAY STOP CONTROL AT THE INTERSECTION OF BREA CANYON ROAD AND COLD SPRING LANE. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.6 FINANCE COMMITTEE REPORT AND RECOMMENDED MATTERS - Continued from October 18, 1994. (a) ORDINANCE NO. XX(1994) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20(1989) AND 20A(1989) - Continued to November 15, 1994. (b) VOICE MAIL - Memorandum regarding procurement of a voice mail system. MPT/Harmony advised that he was NOVEMBER 1, 1994 PAGE 18 concerned that the City did not go out for bids on this purchase. In response to C/Papen, CM/Belanger advised that a $2,000 rebate had been received by the City. C/Papen moved, C/Miller seconded to approve the expenditure of $9,778.90 to GTE for the voice mail system. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/Harmony, M/Werner None None (c) REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT FINANCIAL AUDIT SERVICE AND QUARTERLY COMPLIANCE AUDITS, FOR FISCAL YEARS 1994-95, 1995-96 AND 1996-97 - Continued to November 15, 1994. 9. NEW BUSINESS: 9.2 AWARDED CONTRACT FOR OPERATION OF THE 1994 HOLIDAY SHUTTLE PROGRAM - C/Miller moved, C/Papen seconded to award a contract for the 1994 Holiday Shuttle Program to Western Transit Systems, Inc./Yellow Cab of Northern Orange County, Inc. in an amount not to exceed $22,000. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.3. AWARDED CONTRACTS FOR PROFESSIONAL TRAFFIC & TRANSPORTATION ENGINEERING SERVICES - C/Miller moved, C/Ansari seconded to award a contract for professional Traffic & Transportation engineering services on an "as needed" basis for 2 years to: Austin -Foust Associates, Inc.; Warren Siecke; Linscott, Law & Greenspan and DKS Associates. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.4 AWARDED ON-CALL CONTRACTS FOR COMPUTER MAINTENANCE AND REPAIR SERVICES - C/Miller moved, C/Ansari seconded to award a contract to B. Chamberlain Consulting and MicroAge Computermart for on-call computer maintenance and repair services in an amount not to exceed $2,500. With the following Roll Call vote, motion carried: NOVEMBER 1, 1994 PAGE 19 AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.1 COMMUNITY NEWSLETTER AND RECREATION GUIDE: 3 VERSUS 4 ISSUES PER YEAR - Continued to November 15, 1994. 10. ANNOUNCEMENTS: NONE 11. CLOSED SESSION: NONE 12. ADJOURNMENT: There being no further business, to conduct, M/Werner adjourned the meeting at 11:00 p.m. in memory of resident Charles Majus and slain LAPD Officer Charles Heim to November 15, 1994 at 6:00 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk 1. 2. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR A?4Pr NOVEMBER 15, 1994 CALL TO ORDER: Mayor Werner called the meeting to order at 6:00 p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Councilmembers Ansari, Miller, Papen, MPT/Harmony and M/Werner. Also present were Terrence L. Belanger, City Manager; Frank Usher, Asst. City Manager; Michael Montgomery, Interim City Attorney; George Wentz, Interim City Engineer; Bob Rose, Community Services Director; James DeStefano, Community Development Director and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 PRESENTED CITY TILE TO LYDIA PLUNK, OUTGOING PLANNING COMMISSIONER. 3. PUBLIC COMMENTS: Jim Paul, 1269 Ahtena Drive, commented on how good the Golden Springs improvements look but expressed concern on construction in District #38 on Golden Springs because there are left-hand turn lanes that are unnecessary. ICE/Wentz explained that the design for the left turn lane was intended to accommodate traffic heading westbound on Golden Springs by allowing them to make a u -turn at Arkley. He advised that the reason for this was because of the closure of a potential left turn from the driveway of the shopping center. Oscar Law, 2150 Pathfinder, recommended consideration of cab services for handicapped and senior citizens funded by Prop A monies. He stated that re -striping of D.B. Blvd. for Sunday parking for the Evangelical Free Church should also be covered by Prop A monies. Wilbur Smith, 21630 Fairwind Ln. advised that several citizens requested, at a recent Traffic & Transportation Commission meeting, that stop signs be posted at the corners of Barbie and Cold Spring and Cold Spring and Ambushers. Fred Scalzo, Casa O'Briens, announced that he is co -host of the cable show called "Diamond Bar - Where the Action Is" sponsored by the Chamber of Commerce and requested that Council meetings begin no earlier than 6:30 p.m. so that everyone could continue watching the show before the meetings. Don Schad, 1824 Shaded Wood Rd., asked the Council to reconsider moving the meetings back to 7:00 p.m. in order for more public attendance. He announced that at 10:00 a.m. on November 19, 1994, the D.B.I.A. would be sponsoring a clean up effort at Sycamore Canyon Park to remove trash from the NOVEMBER 15, 1994 PAGE 2 stream. He suggested that the Windmill be the City's main paper for all City activities. Red Calkins, 240 Eagle Nest Drive, expressed concerns that North D.B. is not treated the same as other parts of D.B. Steve Nice, Rising Star, stated that when City -On -Line is abused, it becomes less than an effective means to discuss issues. Richard Callard, Multi -Cultural Committee, advised that the Committee is made up of citizen volunteers with ACM/Usher as Advisor and City Liaison. The purpose of the committee is to promote appreciation of the cultural diversity in the City. Frank Dursa stated that having Council meetings begin at 6:00 p.m. will prevent a lot of people from being able to make public comments and suggested changing back to 7:00 p.m. He asked what the revenue results will be from the trip to China, how much money was donated from local service clubs to defer the expenses of the trip and who paid for the hosted dinner for the Chinese. Ken Anderson commented on remarks made at last meeting regarding traffic on Fountain Springs and advised that it takes approximately three years to go through the Traffic & Transportation Commission to get a light installed, if it's warranted. He stated that he would like to see the City get some structure or dissolve City -On -Line. Oscar Law, 2150 Pathfinder, reported that D.B. had the biggest drop in taxable sales --over 10% --when comparing the first quarter of 1993 to the first quarter of 1994 throughout the Pomona Valley. He asked why the City is considering building more retail shops there are so many vacant ones. CM/Belanger reported that a report is being prepared regarding the allocation of Prop A & C funds and how the monies can be spent. He advised that the City will be meeting with a local sales tax investigator in order to recapture sales tax monies and stated that there is no new commercial development taking place in D.B. He indicated that there are requirements that must be met prior to installation of stop signs. In regard to City -On -Line, he stated that the COL committee has transmitted a draft policy to the Council which could be discussed at a future meeting. The policy addresses issues of propriety of certain kinds of comments and the appropriateness of using comments towards persons. C/Papen reported that she and C/Ansari attended the training class for City -On -Line and stated that it was very professional and helpful. ACM/Usher advised that on September 27, 1994 residents were contacted to obtain their concern, comments and ideas NOVEMBER 15, 1994 PAGE 3 regarding economic development and that once a sufficient number of residents comments are available, a report will be given to the Council. 4. COUNCIL COMMENTS: C/Papen requested support of Lydia Plunk in seeking election to District 37, Southern California Association of Governments. She reported that she had spoken with Board Members of the Water District in regard to statements made by their employees regarding reclaimed water and suggested that the Council form an ad hoc committee for looking at a policy to be approved by both the Council and the Water District. She reminded everyone that the library is now open 5 days a week, Tuesday through Saturday. She suggested that staff make it possible for residents to buy their discounted tickets for the metro -rail or other transit by mail. C/Miller recommended that Council meetings begin at 6:30 p.m. in order to allow for broadcast of "Diamond Bar - Where the Action Is." He announced that D.B. High School will participate in CIF play-offs beginning November 18, 1994 at 7:30 p.m. in Ventura. He stated that the City is pro-business and that strip malls do not always work. Changes will be necessary in order for the City to be competitive. MPT/Harmony reported that Pathfinder Rd. is now open clear to La Habra Heights. He reminded everyone about the clean-up at Sycamore Canyon Park and announced that M/Werner will be cooking hot dogs. He stated that foul language and nasty remarks need to be kept out of City -On -Line. M/Werner explained that there was no cost to the taxpayers for the trip to China except for plaques given to dignitaries. He reported that the dinner was sponsored by C/Papen and himself. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION - NOVEMBER 17, 1994 - 7:00 p.m., Heritage Park Comm. Cntr., 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: C/Miller moved, MPT/Harmony seconded to approve the Consent Calendar with the exception of Items 6.4, 6.6 and 6.7. Motion carried by the following Roll Call vote: NOVEMBER 15, 1994 PAGE 4 AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED VOUCHER REGISTER - November 15, 1994 in the amount of $247,009.72. 6.2 APPROVED MEMBERSHIP OF THE CITY OF MALIBU IN THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (SCJPIA). 6.3 GRADING BOND RELEASES: 6.3.1 APPROVED RELEASE OF GRADING CASH BOND POSTED FOR 2740 SHADOW CANYON IN THE "COUNTRY" - in the amount in the amount of $12,000. 6.3.2 APPROVED RELEASE OF GRADING SURETY BOND POSTED FOR 21217 WASHINGTON STREET "MOBILE HOME PARK" - in the amount of $15,000. 6.5 ADOPTED RESOLUTION NO. 94-52: 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. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.4 ADOPTED 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 - C/Ansari reported that the reason meeting times were changed to 6:00 p.m. was because the Council was not getting through the Agenda. She suggested starting the meetings at 6:30 p.m. to help the Chamber with their viewers. C/Papen stated that she would not be opposed to a 7:00 p.m. start time if Public Comments were after Old Business in order to accomplish the majority of the Agenda. MPT/Harmony advised that people are coming in at 7:00 p.m. and the Council should consider the time that people get home. M/Werner moved to begin meetings at 6:30 p.m. with the first order of business as Consent Calendar after Roll Call. Motion failed for lack of a second. NOVEMBER 15, 1994 PAGE 5 It was moved by C/Papen, seconded by C/Ansari to adopt Resolution No. 89-4B entitled: 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, leaving the Agenda order as is and beginning Council meetings at 6:30 p.m. With the following Roll Call vote, motion carried: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner None None 6.6 COMMUNITY NEWSLETTER AND RECREATION GUIDE - M/Werner asked staff to hold over this item and investigate the options for using the Windmill newsletter. C/Papen expressed concern that after publishing one of the three issues for this year, staff is projecting to be $7,000 over budget for the three issues. MPT/Harmony supported researching production of the newsletters by the Windmill and combining efforts. With Council consensus, the matter was continued to December 6, 1994. 6.7 RATIFIED CONTRACT WITH COTTON BELAND FOR ADDITIONAL GENERAL PLAN SERVICES - MPT/Harmony reported that this contract with Cotton/Beland Associates was previously signed and never brought before Council for authorization. He moved to approve, but not ratify, effective July 1, 1994, the Cotton/Beland Associates contract for General Plan services and authorize additional expenditures not to exceed $35,000. Motion died for lack of a second. CM/Belanger explained that it was Councils recommendation to employ Cotton/Beland to complete the work for the General Plan and that the contract is now before Council for formal approval for ratification of the contract. C/Papen moved, C/Miller seconded to ratify the existing agreement with Cotton/Beland Associates and authorize an additional expenditure not to exceed $35,000. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, M/ Werner NOES: COUNCIL MEMBERS - MPT/Harmony ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: NONE NOVEMBER 15, 1994 PAGE 6 RECESS: M/Werner recessed the meeting at 8:24 p.m. RECONVENE: M/Werner reconvened the meeting at 8:49 p.m. 8. OLD BUSINESS: 8.2 (a) RESOLUTION NO. 94-53: 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 FINDING IN SUPPORT THEREOF; AND AS AMENDED. (b) RESOLUTION NO. 94-54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA CERTIFYING 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. 3 (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) - Lex Williman, Hunsaker & Assoc., stated that his firm did not feel it was appropriate to include Condition 30, on Page 4 of Exhibit B, page 4 requiring the project to be annexed to "The Country." He explained that they are currently in the process of negotiating an agreement with "The Country" for annexation and that the Council should delete this item; if not, then delete the last sentence. C/Papen stated that it would be in the applicant's favor to not require approval of the tentative map conditioned on the annexation but it should be a condition of the application. She asked if the condition of the application were turned down, would the project still for forward. Mr. Williman advised that the project would then go forward and that there are current negotiations and a draft agreement with all of the back country lots to become annexed. ICA/Montgomery advised that there are new statutory procedures for mediation of land use disputes. He NOVEMBER 15, 1994 PAGE 7 recommended leaving the language in the agreement because there is an alternative process under the law for resolution of the dispute. In response to M/Werner, C/Miller stated that they could do everything that is requested by "The Country's" board but it could fail by 2/3 vote. He reiterated that the applicant will do everything within their power to annex into the Association based upon agreeable terms and conditions. He felt that the Council should not tie the applicant's hands so tight that the project can not go forward because of the annexation. C/Papen read a letter from "The Country's" association requiring certain amenities if there is no annexation. She suggested that Council put a condition in the agreement indicating if "The Country" does not want the annexation, the developer would eliminate one or two lots and build a community swimming pool, tennis courts and club house. Mr. Williman advised that they would oppose that wording because each home is big enough for a swimming pool, tennis courts, etc. Don Schad, 1824 Shaded Wood Rd., commented on the great job that the contractor has done in relocating oak trees and expressed support for the project. ICA/Montgomery stated that if the developer makes an application with "The Country" and it is approved and if the charge is $12,000 or less, then the applicant is expected to annex to "The Country." Wilbur Smith, 21630 Fairwind Ln., expressed concern in building in SEA 15. In response to M/Werner C/Miller stated that the language should read "a reasonable effort" be made by the applicant to annex into "The Country." A reasonable effort would be that the developer has not gone along with the Country's stated conditions. C/Papen moved, M/Werner seconded to remove the dollar amount from the agreement. Mr. Williman asked that the dollar amount be kept in if the language is going to be changed in the first part of the phrase. NOVEMBER 15, 1994 PAGE 8 C/Papen withdrew her motion and M/Werner withdrew his second. ICA/Montgomery advised that the fee would be the same as last charged by the association to a developer and recommended additional language "not to exceed the fee last charged by the association for annexation to Frank Piermarini". C/Miller moved, M/Werner seconded to approve Condition 130 as follows: CDD/DeStefano stated that the project incorporates development within the significant ecological area. He advised that SEATAC approved the project of 14 acres of building and 6 acres of virgin state. C/Miller moved, M/Werner seconded to approve Condition 130 amending Resolution No. 94-53 with the language "that owner shall make a bonafied application to Diamond Bar Country Estates Association to annex his subdivision to that association. The owner shall be required to annex if all fees assessed by the Diamond Bar Country Estates Association do not exceed the charge per residential lot assessed for the last previous annexation with Vesting Tentative Tract Map 47722, and if the Association vote to admit." Motion carried unanimously. C/Miller moved, MPT/Harmony seconded to adopt Resolution No. 94-53 entitled: 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; as amended. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Miller moved, MPT/Harmony seconded to adopt Resolution No. 94-54 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA CERTIFYING 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 NOVEMBER 15, 1994 PAGE 9 FINDINGS IN SUPPORT THEREOF. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Miller moved, C/Papen seconded to waive first reading of Ordinance No. 03 (1994). With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Miller moved, MPT/Harmony seconded to waive further reading and approve first reading of Ordinance No. 03(1994) entitled: 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). With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 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) - Continued to December 6, 1994. (b) REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT FINANCIAL AUDIT SERVICE AND QUARTERLY COMPLIANCE AUDITS, FOR FISCAL YEARS 1994-95, 1995-96 AND 1996-97 - Continued to December 6, 1994. 9. NEW BUSINESS: 9.1 DISCUSSION OF MEMBERSHIP IN THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY - Continued to December 6, 1994. 9.2 AMERICANS WITH DISABILITIES ACT (A.D.A.) RETRO -FIT OF MAPLE HILL PARK - C/Papen moved, MPT/Harmony seconded to approve the conceptual plan for A.D.A. retro -fit of Maple Hill Park and direct staff to have construction drawings NOVEMBER 15, 1994 PAGE 10 and project specifications completed by the contract landscape architect, R.J.M. Design Group, Inc. in an amount not to exceed $10,000. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10. ANNOUNCEMENTS: ICA/Montgomery requested the Council to consider two additional litigation matters during Closed Session: (3) Pending Litigation re: David L. Eskridge v City (4) Pending Litigation re: Oak Tree Lanes v. City It was moved by MPT/Harmony, seconded by C/Papen to approve the addition of these two matters to the Closed Session agenda. Motion carried unanimously. 11. CLOSED SESSION: Meeting was adjourned to Closed Session at 10:30 p.m. for consideration of the following matters: (1) Personnel Session Re: Consideration of appointment of City Attorney - G.C. Section 54957.6 (2) Pending Litigation Re: Committee to Recall v. Burgess - G.C. Section 54956.9 (3) 'Pending Litigation re: David L. Eskridge v. City - G.C. Section 54956.9 (4) Pending Litigation Re: Oak Tree Lanes v. City - G.C. Section 54956.9 12. RECONVENE: Closed Session adjourned at 12:40 a.m. It was announced that the following action was taken by the Council during Closed Session: Oak Tree Lanes v. City - Authorization was given to provide indemnity to Dennis A. Tarango, D&J Engineering. No other reportable action was taken. 13. ADJOURNMENT: There being no further business to conduct, the meeting was adjourned at 12:40 a.m. to 7:00 p.m. on November 22, 1994 for discussion of the General Plan. ATTEST: Mayor LYNDA BURGESS, City Clerk 1. MINUTES OF THE CITY COUNCIL DRAFT ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 29, 1994 CALL TO ORDER: M/Werner called the meeting to order at 6:35 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Council Members Ansari, Miller, Papen, Mayor Pro Tem Harmony and Mayor Werner. Also present were Terrence L. Belanger, City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director and Tommye Cribbins, Deputy City Clerk. 2. PUBLIC HEARING: 2.1 ADOPTION OF GENERAL PLAN - CDD/DeStefano reported that the General Plan Advisory Committee met approximately 15 times during 6 months drafting the General Plan. The Planning Commission held 13 public hearings over a period of 3 months reviewing GPAC's recommendations. The Planning Commission also solicited public input and crafted its recommendation to the City Council on October 17, 1994. He reviewed the documents presented for Council consideration and stated that the organization of the General Plan consists of diagrams, tables, maps and text and incorporates the seven State mandated elements within six sections. Some changes from the previous General Plan are: substantial reduction in residential dwelling units --the previous General Plan called for approximately 1,900 units to be constructed over the next 17 years. New Plan anticipates 1,073 dwelling units over the same period and expands open space language and definitional issues extensively as well as significant strategies for acquisition of open space. Density transfers are discussed in the document on an on-site basis dealing with the desire to preserve remaining vacant land within the community. The document calls for a more specific plan to define the future of the 400 acre Bramalea property. The Housing Element responds to State Mandates and, as a result of significant Planning Commission and GPAC input, was developed as more a constraints -oriented response. Preservation of open space was a major issue within the document, not only within the City proper but within the sphere of influence and there is emphasis on the preservation of SEA 15. It also calls out the desire to work with adjacent property owners and the City of Chino Hills to develop an untreated potable water reservoir in the Tres Hermanos Ranch area and development of a resource management and open space plan to deal with open space issues. It also calls out in more detail a desire for further geo- technical investigations accompanying all future develop- ment proposals and the specific adoption of a grading NOVEMBER 29, 1994 PAGE 2 ordinance primarily focusing on such geotechnical issues. It describes in more detail the community's concerns regarding increases in noise as a result of increased development and traffic traversing the City. It was suggested that a new noise ordinance be developed to specifically lower noise levels and that all new con- struction not exceed existing noise levels or standards in the community. It adds language to deal with circula- tion issues principally, working with surrounding communities and transportation agencies to ensure that the roadway systems impacting the City are improved. It deals with an alternative travel corridor around the significant ecological area dealing with environmental sensitivity, further working toward regional route improvement to improve the City's local conditions. It emphasizes the need to cul-de-sac Sunset Crossing and retention of the cul-de-sacs at Beaverhead and Washington. It discusses the need to develop a redevelopment agency as a tool to finance capital improvements and provide tax revenue benefits back to the City. M/Werner opened the Public Hearing. Wilbur Smith, 21630 Fairwind Ln., stated that he felt that the standard 5 -minute limit for each member of the public to speak was inadequate to cover the material. M/Werner stated that he had not thought about putting a time limit on speakers, but felt that it should be based upon whatever appears to be reasonable and appropriate at the time. ICA/Montgomery stated that the Mayor should set ground rules and stick to it. He suggested that either there be unlimited testimony now on the entire General Plan and then close public testimony so there wouldn't be public comments on other agendas or continue the public hearing from time to time as to each element. Mr. Smith then stated that there were comments made by the GPAC that were changed at the Planning Commission level, and asked if, when there are conflicts such as this, would the Council take both comments into consideration. He stated that he felt that the Planning Commission should have reviewed the document from GPAC only in the context of technical correctness or the legality of the document and only to change those items, if any. Max Maxwell, 3211 Bent Twig Ln., stated that he supports Mr. Smith's comments. He further stated that he understood that there was a letter dated November 28, 1994, addressed to the Mayor, from the City of Chino Hills. He advised that he had received a small version NOVEMBER 29, 1994 PAGE 3 of the General Plan in the mail; however, when he came into City Hall for his packet, he then received a bigger copy and that he was not aware that there were two versions until he had spoken to somebody. M/Werner stated that the letter dated November 28 from the City of Chino Hills was received at City Hall today at 4:46 p.m. Mr. Maxwell then asked if the General Plan would be placed on the ballot for a vote of the people. C/Papen asked the City Attorney if under the Brown Act guidelines, if the public hearing is continued and the people giving testimony tonight have been given ample time (10-15 minutes) to make comments, those people would not necessarily have the right to come back and speak again on the same issue. ICA/Montgomery agreed with C/Papen's analogy of the Brown Act. C/Papen stated that if people are given 15 minutes to comment on the entire document tonight, they would have had their turn to submit public testimony on the General Plan and if they came next week, they would come as an observer. ICA/Montgomery stated that there is no time limit stated, it is whatever is reasonable, just make it apply to everybody for the element of fairness. As long as the agenda and subject matter of the agenda remains the same, the opportunity to make comments goes to the next person. C/Papen moved to establish a time limit on the entire document and set a rule that a person gets one opportun- ity to speak before the Council on the General Plan; however, they can submit additional comments in writing for consideration. C/Ansari asked ICA/Montgomery that since the General Plan has several elements, if comments are made before each element, can people who have spoken previously on one element speak on another element. ICA/Montgomery stated that the Council opened the Public Hearing tonight and will then discuss it element by element, as long as that is the procedure followed throughout the process. However Council decides to proceed is alright as long as you continue with the same procedure throughout. In regard to participation, you cannot limit participation in the Public Hearing process whether they were on GPAC, the Planning Commission or even as a Council member. NOVEMBER 29, 1994 PAGE 4 C/Ansari suggested that if a member of the public has a question concerning an element, they submit written questions prior to the meeting so that information can be obtained. ICA/Montgomery stated that that was alright and suggested that Council could take questions, refer them to staff, and continue the element. Don Schad, 1824 Shaded Wood Rd., stated that he felt that section has its own complexities and therefore the process should be done element by element, so that comments can be made on each subject. Also keep in the mind that the desire of GPAC and citizens was for the City to maintain its open space atmosphere. Gary Neely, 344 Canoe Cove Dr., felt that the Council should not limit public participation and suggested that the Council follow the same approach as the Planning Commission --by opening the element at the beginning of the meeting, allowed the public to speak and brought it back for Commission discussion, paragraph by paragraph, sentence by sentence and then opened it up again for public discussion after their deliberation. He further stated that they organized the elements in such as way as it affected each one. He suggested that the elements be taken in the following order: Introduction, Resource Management, Public Services & Facilities, Public Health & Safety, Housing, Circulation and Land Use, wrapping everything up with the Land Use Map. He further suggested that any discussion regarding voting on the General Plan be postponed until after deliberations, as it may cast a shadow on the process. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., stated that she was also opposed to cutting off public comment. Bob Huff, 1641 Fire Hollow Dr., encouraged those who have spoken on the General Plan to give those who haven't an opportunity to speak unless they have something new to contribute. M/Werner suggested that the Council discuss and decide if the General Plan will be taken up as a complete document or on an element by element basis. C/Papen moved to consider the document as a whole, allowing 15 minutes for public testimony on any issue somebody might want to bring to the Council in the document. C/Miller seconded the motion. M/Werner stated that he would feel better discussing the General Plan as a whole but allow for no time limit on speaking. NOVEMBER 29, 1994 PAGE 5 C/Papen then stated that she would bifurcate the motion. M/Werner stated that there would now be two separate motions. Motion A would be to consider the document on a document basis rather than by element by element. CM/Belanger stated that it was possible to consider the document as a whole. It is legal, and Council is only required to have one public meeting, but is the discretion of the City Council as to how to handle the process. MPT/Harmony stated that he favored staff's recommendation as to proceed element by element which gives everyone a procedural process by which to approach the document. He further stated that he did not want to limit the public debate process, that they should have general comments, follow procedures and use the order of the elements recommended by staff. C/Ansari stated that this is the third General Plan and that the problem before was because the citizenry did not feel that the Council was being open and responsive to their needs or suggestions. Last year when the General Plan came before the Council, many of the suggestions that went through GPAC and through the citizenry were overlooked. Therefore, she felt that going through the process element by element would help keep an open atmosphere for discussion and input. She also stated that she would like to see questions from the community sent to City Hall so that they can be addressed at the proper time; however, keep it as an open forum. C/Miller stated that he agreed with Mr. Neely, that the Land Use element should be last, and that all the other elements will build toward and have a major influence and impact on the Land Use Element. In response to M/Werner, C/Miller stated that he would be willing to move the Land Use, element to the end of the line of discussion. C/Ansari stated that she agreed with C/Miller's suggestion to close the meetings at 9:00 p.m. and maybe start them at 6:00 p.m., even if it means having more meetings, because we lose a lot of the audience and participation when it gets late. C/Papen stated that she, too, agreed with Mr. Neely on how to make decisions on the elements; however, she felt that when the public hearing is closed and it is before the Council for debate, then the Housing and Circulation Elements should be taken prior to the Land Use Element. Following discussion, C/Papen called for the question on NOVEMBER 29, 1994 PAGE 6 her motion to consider and receive testimony on the General Plan as a whole, which would mean people would have one opportunity to speak on the General Plan. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Papen NOES: COUNCIL MEMBERS - Ansari, Miller, MPT/ Harmony, M/Werner ABSENT: COUNCIL MEMBERS - None M/Werner pointed out that the second part of the motion was limiting speakers to one time at 15 minutes. C/Papen withdrew her motion. M/Werner opened discussion in regard to the time limit for speakers. He stated that, based on past experience, some people have spoken for 1 minute and some have spoken for 1 hour. He suggested a 5 -minute limit ground rule, with the discretion of the Council to go over, if reasonable. C/Papen stated that based, on what the City Attorney stated, there should be a limit to be consistent and fair to all. ICA/Montgomery stated that the test is "reasonable period of time." Some topics take longer than others. Different time limits could be set for different limits as long as everyone who spoke to that element had the same amount of time. In response to M/Werner's question if the limit could be based on how much time that may be in an evening and number of people who have expressed an interest to speak, ICA/Montgomery, stated no. C/Ansari suggested that a schedule be publicized very broadly, requesting that the public submit questions prior to the meetings so they can be addressed at the meeting. Following discussion, C/Ansari moved, C/Miller seconded that a schedule of the meetings be publicized, requesting the public to submit questions prior to the meetings so that they can be addressed by staff at that particular meeting and limit speakers to 5 minutes. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - Papen, Ansari, Miller, M/ Werner MPT/Harmony None M/Werner reiterated that there will be a 5 -minute rule on NOVEMBER 29, 1994 PAGE 7 speaking, staff will publicize the ground rules. He discussed transferring of speaking time and moved to not allow material to be read, but submitted to the Council. M/Werner discussed Mr. Smith's concern regarding a con- flict between comments made by GPAC and the Planning Commission. He felt that these issues will come up as part of the deliberations and discussed during that time. Regarding putting the General Plan on the ballot, he stated that he felt it was still on open issue and, therefore, would not like to make a determination as to a vote on the document. He then asked CDD/DeStefano to identify the documents that are in consideration and available for public review and what will be voted upon. CDD/DeStefano described each document a follows: the 1994 General Plan as recommended by the Planning Commission, which is the policy document covering approx- imately 325 strategies totalling the program for the 1994 General Plan, dated October 17, 1994, pink covered, with a publication date of November 9, 1994; as background material, the EIR adopted July 27, 1993, grey covered (no anticipated changes to this document at this time). The Council, at the appropriate time, will be entertaining an addendum to it, which will be a free standing piece. The Master Environmental Assessment, dated July, 1992 which is the compilation of informative facts about the City's economics, schools, law enforcement issues, etc. which help support some of the overall goals and policy state- ments in the document. This is research complied in 1990 and 1991 and changes to this document are not antici- pated; and a document entitled 1994 draft General Plan, City Council Public Hearing Reference Material, dated November, 1994. This document contains information previously transmitted to GPAC, which contains background information --specifically State of California guide- lines --with respect to the preparation of the different elements discussed, as well as Minutes of GPAC, Planning Commission, Traffic & Transportation Commission, and contains the addendum that the Planning Commission is recommending to the Environmental Impact Report, as well as other documents and correspondence received, even as late as last Tuesday. He reported on the availability of the documents referenced --the Policy Plan is available at City Hall and Library and is on City -On -Line; however, it does not include the maps. The documents are also available for purchase or review at City Hall or on loan. 80 copies of have been distributed to GPAC members, all Commissions and members on the mailing list who receive the entire packet. M/Werner asked CDD/DeStefano to speak on the letter received today from the City of Chino Hills. CDD/DeStefano stated that a letter had been received late NOVEMBER 29, 1994 PAGE 8 today, signed by the Mayor of Chino Hills, discussing comments on the Circulation Element, and that since it was just received, no one has had a chance to digest the comments or develop a response. He stated that the letter is dated November 28 and was received by the City on November•29 at 4:46 p.m. today. M/Werner requested that any correspondence coming in be available for public review at the meeting. He further asked to monitor the public speaker list and that he will acknowledge how much time has been used by the speaker, for fairness sake. Following discussion, Monday evenings were agreed upon for Public Hearings. C/Papen suggested that meetings begin on December 5, 12 and 19. C/Miller suggested that the beginning of public discussion and deliberation on the General Plan begin after the first of year, in order to give everyone time to read and digest the documentation. C/Miller moved, M/Werner seconded to begin the Public Hearings on the General Plan in January, 1995. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, M/Werner NOES: COUNCIL MEMBERS - Papen, MPT/Harmony ABSENT: COUNCIL MEMBERS - None Mr. Smith asked for clarification of his earlier question regarding the Planning Commission's change to the document presented by GPAC, and would the Council give their reasoning as to why they would accept one explanation over the other. M/Werner stated again, that during the process, the Council will take up the issues of conflict between what GPAC may recommend and what the Planning Commission approved. This will come as a result of public input as well as a function of Council Member comments and suggestions. Mr. Maxwell thanked C/Miller for his suggestion to continue the meetings until after the holidays. He asked when it was decided to move discussion of the Land Use Element to the end of the meetings. M/Werner stated that it had been done by a motion. Mr. Maxwell stated that he felt GPAC had done a good job and hoped that the Council will evaluate what is in the document identified as GPAC; however, the Planning NOVEMBER 29, 1994 PAGE 9 Commission did not do a good job --they reversed approxim- ately 20 issues, which he said he would identify. Jack Istik, 22607 Dry Creek Rd., former member of GPAC, stated that he had attended 14 meetings and the one key concept that kept coming back was to allow the developer to cluster his development with a bonus density for cluster in exchange for granting the City open space land in fee. He went on to state that, unfortunately, the Planning Commission took away the concept by redefining open space to include private open space and by removing the words "and fees" so that it would be some other type of a dedication. Mr. Istik asked that the Council consider what the majority of GPAC voted for which is to set aside public open space in fee in exchange for clustering of development. M/Werner asked Mr. Istik if he had a written proposal for this concept. Mr. Istek stated he would have one in the future. Barbara Beach-Courchesne thanked C/Miller for his sugges- tion to continue the hearing until after the holidays. She also thanked the Council for addressing issues ahead of time. She was a member of GPAC and stated that they worked very hard and tried to address the issues that brought about the two referendums --which are low density, country living atmosphere, mitigation of traffic and creating a safe, family-oriented community. She further stated that she felt the flavor of the GPAC document had been lost in the document before coming to Council and hoped that they would consider it in terms of what the plan was. Frank Williams, Executive Officer for the Building Industry Assn., 9227 Haven Ave., Suite 280, Rancho Cucamonga, stated that he would be submitting written statements concerning the General Plan. He pointed out that SCAG's Regional Comprehensive Plan calls for all local General Plans to be .consistent with the Regional Comprehensive Plan, should that plan be adopted by SLAG. He reported that during the SCAG Regional Council meet- ing, the Regional Comprehensive Plan would be changed to Regional Comprehensive Report. The significance of this change will mean more of a guideline than a mandate to local governments. He suggested that the Council call their local SCAG representative supporting the change. C/Miller moved, MPT/Harmony seconded to continue the Public Hearing on the General Plan to January 9, 1995 at 6:00 p.m., with a notation that the meeting will end at 9:00 p.m. Motion carried unanimously. C/Ansari moved, C/Miller seconded that a schedule of the NOVEMBER 29, 1994 3. 4. PAGE 10 meetings be publicized, requesting the public to submit questions prior to the meetings so that they can be addressed by staff at that particular meeting and limit speakers to 5 minutes. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Ansari, Miller, M/ Werner NOES: COUNCIL MEMBERS - MPT/Harmony ABSENT: COUNCIL MEMBERS - None C/Miller moved, M/Werner seconded to begin the Public Hearings on the General Plan in January, 1995. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, M/Werner NOES: COUNCIL MEMBERS - Papen, MPT/Harmony ABSENT: COUNCIL MEMBERS - None ANNOUNCEILENTS: C/Miller announced that the D.B. High School football team won their game last week and will be playing Ayala, Saturday evening. M/Werner encouraged residents to write letters to Judge Piatt regarding the sentencing of four defendants convicted of rape and other crimes upon one of our local residents. He further asked that they call City Hall to get the address. C/Ansari announced that on Saturday, December 10, there will be a workshop on obtaining low cost loans for housing and advised for more information, people could call Kellee Fritzal at City Hall. She extended Happy Chanukah wishes to all Jewish citizens in D.B. MPT/Harmony stated that many phone calls were received regarding the delays on the D.B. Blvd. construction project due to technical problems. He requested that staff have available an inspection report for review, giving a timing sequence and background information on the project itself. ADJOURIOIENT: With no further business to conduct, M/Werner adjourned the meeting at 8:33 p.m. ATTEST: Mayor Tommye Cribbins Deputy City Clerk 1 (; MINUTES OF THE CITY COUNCIL 40 SPECIAL 1KEETING OF THE CITY OF DIAKOND BAR *f DBCEIIBER 2, 1994 41 1. CALL TO ORDER: M/Werner called the meeting to order at 4:00 p.m., in the Conference Room of City Hall, 21660 E. Copley Drive, Diamond Bar, California. ROLL CALL: Council Members Ansari, Mayor Pro Tem Harmony and Mayor Werner. Council Members Papen and Miller were absent. Also present were Terrence Belanger, City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; Michael Meyers and David Liu, Engineering; and Tommye Cribbins, Deputy City Clerk. 2. OLD BUSINESS: 2.1 RESOLUTION NO. 94-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING WITHOUT PREJUDICE, DEVELOPMENT AGREEMENT NO. 92-1, VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-8 FOR A 94 LOT SUBDIVISION GENERALLY LOCATED WEST OF BREA CANYON ROAD, NORTH OF PATHFINDER ROAD, EAST OF MORNING SUN AVENUE AND SOUTH OF LARKSTONE DRIVE, DIAMOND BAR, COUNTY OF LOS ANGELES, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF - CM/Belanger reported that the meeting was called in order to discuss Tentative Tract Map No. 51407 as a result of the interpretation of Government Code Section 65950 pertaining to a requirement to either approve or disapprove a land use action after the certification of an Environmental Impact Report relating to that land use action. He explained that the Code provides for 6 months wherein action must be taken in regard to Tentative Tract Map 51407, Development Agreement No. 92-1, Use Permit No. 92-8, Oak Tree Permit 92-8 from June 3, 1994. At that time, Council certified the Environmental Impact Report related to the project known as the South Pointe Master Plan, which this map was a part of the Master Plan. Staff's opinion is that the 6 -month period commenced on June 3 and, therefore, December 2, 1994 would be the last day to make a determination. If Council fails to take an action on this map, under the Streamlining Act, the application would automatically come into being as a matter of law. He recommended that the application be denied based on the fact that, at the present time, the Council is not in a position to approve or deny the project without the acquiescence of the School District, the current owner of the property, for granting an extension of time. ICA/Montgomery explained that, due to the 6 -month time frame and the fact that it will expire on December 3, the Council needs to act on the matter. He further stated that the School District had been contacted to see if they would be willing to withdrawal their proposal and they indicated they were not at this time. Staff met DECEMBER 2, 1994 PAGE 2 with School District officials today to discuss granting a 90 -day extension, so that Council and the District could negotiate; however, personnel available at the District did not have authority to make a decision. He recommended that the Council take the action framed by the Community Development Director based on the fact that the current application is in conflict with the draft General Plan adopted by the Planning Commission and sent to the office of Planning and Research. MPT/Harmony asked the City Attorney to explain the concept of "without prejudice" versus flat out denial. ICA/Montgomery explained that "without prejudice" does not prohibit the School District from reapplying at some time in the future. CDD/DeStefano stated that the Environmental Impact Report is an open issue, there is an existing Environmental Impact Report that has been certified; however, there are probably a number of components and analyses within the document that will be useful. It is likely that a supplement or subsequent environmental impact report would be needed to augment the document already certified. ICA/Montgomery stated that if the Council does not feel that it is likely that the application would be granted, and do not want to offer encouragement where encouragement is not warranted, the words "without prejudice" can be stricken, and the action would be final. M/Werner asked staff that since this is a different owner than the one that filed the application, how could the new owner expect a tract map approval with a school where housing was to be. CM/Belanger stated that the property in question does not have a school under construction. The property ownership that existed prior to the acquisition of the RnP property was not combined in any form, the school is being built on a separate piece of property. ICA/Montgomery stated that it is presumed that the application is now owned by the School District; however, it is not known for sure, there could be an agreement between the previous owner and the School District. That is another reason to take action today. In response to C/Ansari, Clay Chaput stated that he was unaware of when the School District received the letter from Mr. Montgomery dated November 15, 1994. CM/Belanger explained that the City Attorney sent a DECEMBER 2, 1994 PAGE 3 letter to the School District dated November 15, 1994 inquiring into the District's intentions relating to the application. Mr. Chaput stated that the District has not responded to the letter since the Board had not had an opportunity to discuss it. Clayton Parker, WVUSD Attorney, stated that the School District owns the property, which means it owns all rights to the property. He further stated that it was his opinion that City staff ignored the Government Code, specifically Sections 66452.2 and 66452.4, and that it was his feeling that as an operation of law, the map had been approved. He further stated that he discussed this with both Mr. Montgomery and Mr. Belanger this morning at their meeting. Also, this is a land use proposed decision and without notice of public hearing, the Council cannot, by special meeting, take action on this matter. With regard to the District taking no action, this had not been before the Board, and he advised Mr. Chaput that he has no power to enter into any discussion about extending the time. The Board will not meet until next week. C/Ansari asked if the School Board could have called a special meeting to discuss the matter. Mr. Parker stated that the time statute had not been brought up until yesterday and the Board could not have met prior to this meeting. He went on to state that they were unaware of the time frame, as it was not indicated in the letter of November 15. C/Ansari stated that she was concerned because the School District has asked for zoning changes to plan development on property that has map restrictions on it. MPT/Harmony stated that the Council approved the Arciero project within a week or two of the school District's purchase of the property and that that was a mitigating factor in getting the $8 million. Mr. Parker stated that Mr. Arciero is not in any position to move his dirt; however, the School District is complete with the dirt moved, which would not have happened if they had waited for Mr. Arciero. MPT/Harmony stated that the whole process from the time the School District came to the City and asked for expeditious treatment was approximately 6 to 8 weeks. Mrs. Lee Schad, 1824 Shaded Wood Rd., spoke in favor of denying Development Agreement 92-1. DECEMBER 2, 1994 3. PAGE 4 Max Maxwell supported denial of the Development Agreement and asked if the School District own the rights to the property. M/Werner stated that Mr. Parker indicated that the School District owns all the rights. The following persons spoke in favor of adoption of the Resolution denying Development Agreement 92-1: Lydia Plunk Don Schad Frank Dursa George Barrett Oscar Law Terry Birrell Mr. Chaput stated that he is not authorized by the School Board to seek approval of the application nor is he authorized to extend any time limits on it. He and Mr. Parker were present to question the validity of the meeting. Further, they are not asking for Council approval of the map. M/Werner announced that two residents --Maria Oliva and Diane Singer --called the City to express support for denial of the Development Agreement. C/Ansari moved, MPT/Harmony seconded to adopt Resolution No. 94-55: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING WITHOUT PREJUDICE, DEVELOPMENT AGREEMENT NO. 92-1, VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-8 FOR A 94 LOT SUBDIVISION GENERALLY LOCATED WEST OF BREA CANYON ROAD, NORTH OF PATHFINDER ROAD, EAST OF MORNING SUN AVENUE AND SOUTH OF LARKSTONE DRIVE, DIAMOND BAR, COUNTY OF LOS ANGELES, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/ Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Papen, Miller ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting at 4:45 p.m. ATTEST: Mayor TOMMYE A. CRIBBINS, Deputy City Clerk I N T E R O F F I C E M E M O R A N D U M TO: Mayor Ansari and Councilatzber Werner FROM: Linda G. Magnuson /'Accounting Manager SUBJECT: Voucher Register, January 17, 1995 DATE: January 11, 1995 Attached is the Voucher Register dated January 17, 1995. 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 January 17, 1995 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 $136,238.92 112 Prop A Fund 31,020.72 118 Air Quality Improvement Fund 234.61 125 Community Dev. Block Grant Fund 28.00 138 LLAD #38 Fund 721.70 139 LLAD #39 Fund 206.42 141 LLAD #41 Fund 149.70 225 Grand Ave Construction Fund 1,830.00 250 CIP Fund 5,708.45 510 Self Insurance Fund 1.955.00 TOTAL ALL FUNDS $178,093.52 APPROVED BY: Linda G. Magrodson Accounting Manager -4 Jr4rencc�eUL. Belanger city Manager Eileen R. Ars i Mayor F otic toy __, -- ., : :.o _ E.::. �7.r ,E ,ENDOR „4d -. .. .. _ .:. �: -'GLS :'� •�• ' 'eri-aye z r� _________________________________________ _________________ __.___ _-____ __________________________y-_____________________ 4 Y -ice.. - - - _ _ _• .. ' 1-54 =_-., t _ _ -orct, ________________________________________________..____________________-___..________"__-_________________-________-________________..__ _ _.c JE'=LGA-------- L=... TL - -yi DOE VENDOR --------, Ti-------- -------DR '7 .__'. -. ilk: •- _ ._� __Fv rL;rges _,-� - 17'- L w tarar r.' 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T'=; AL DUE )ENHOR-------- 1 761C, ti i4 TIME. !,'.' 3; -.-'1 '-5 V NIOR NAME VENLOR 17". ----------- c _ z_ _-,- .-, -- . -- - 4C7MAT L;;` H PO._--�jE,NP. -4 - I- -%T ------------------------------------------------- ----------------------------------------------------------------------------------- 1 t 77, - - - -- HL ------ ---------------------------------------------------------------------------------F,Cr----------+------------- ---- -- ---------------- -- -- -- ---- - -- CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. %. TO: Honorable Mayor and Members of the City Council MEETING DATE: November 16, 1993 REPORT DATE: November 12, 1993 FROM: Terrence L. Belanger, City Manager TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING FUND PURSUANT TO THE CALIFORNIA OIL RECYCLING ENHANCEMENT ACT OF 1991 SUMMARY: In 1991, voters approved the California Oil Recycling Enhancement Act. This act establishes a non-competitive Used Oil Recycling Block Grant Program for the purpose of providing funds for local used oil collection programs and programs that encourage recycling or appropriate disposal methods for used oil. Funding for this program is based upon the assessment of a four cent ($0.04) per quart fee on sales of lubricating oil. Using the State's per capita formula, the City of Diamond Bar is eligible to receive approximately $17,113 dollars. It is proposed that these funds be used to continue and expand the City's curbside oil collection program, including augmentation of the City's comprehensive public education campaign, development and implementation of certain Best Management Practices (NPDES) that impact the City's used oil collection program, and the provision of financial incentives to businesses that participate in the City's program. RECOMMENDATION: It is recommended that the City Council approve the Resolution 95 -XX authorizing the City Manager to submit an application for grant funds from the 1994/95 Used Oil Recycling Block Grant Program for the purpose of establishing and maintaining local used oil collection programs. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification _ Ordinances(s) _ Agreement(s) SUBMITTAL CHECKLIST: Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? Does the report require a majority or 4/5 vote? MAJORITY Has environmental impact been assessed? N/A _ Yes No Has the report been reviewed by a Commission? _ Yes X No Are other departments affected by the report? Yes X No EVIEWED BY: :rrence L. Bela er Frank M. Usher Troy L. tzlaff ty Manager Assistant City Manager Assistant t he City Manag RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE 1994/95 USED OIL RECYCLING BLOCK GRANT PROGRAM FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING LOCAL USED OIL COLLECTION PROGRAMS. A. RECITALS (i) The City of Diamond Bar recognizes that the proper disposal and/or recycling of paints, solvents, pesticides and garden herbicides, cleaners, used motor oil and other hazardous wastes is extremely important and if not properly disposed of these wastes can cause serious environmental damage and threaten the health of all of us; and (ii) The people of the State of California have enacted the California Oil Recycling Enhancement Act that provides funds to cities and counties for establishing and maintaining local used oil collection programs; and (iii) To receive grant funding, the City must submit written certification to the California Integrated Waste Management Board authorizing the submittal of an application and identifying the title of the individual authorized, empowered, and instructed to file necessary and proper forms, certifications, and documents as prescribed by the California Integrated Waste Management Board; and (iv) The City Council finds and determines that the adoption of this Resolution is in the public's best interest in that it provides the necessary funds to develop and maintain programs that will encourage recycling and appropriate disposal methods for used motor oil; and (v) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council approves the filing of an application to the California Integrated Waste Management Board pursuant to the 1994/95 Used Oil Recycling Block Grant Program. SECTION 2. The City Manager is hereby authorized, empowered, and instructed to file all necessary forms, agreements, certifications, and documents with the California Integrated Waste Management Board to carry out the purposes specified in the grant application. PASSED, APPROVED, AND ADOPTED this day of , 1995. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on day of 1995, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk MTV DP TX11 U11VM B tll AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: January 17, 1995 FROM: George A. Wentz, City Engineer AGENDA NO. REPORT DATE: January 11, 1995 TITLE: Traffic Signals Construction on Golden Springs Drive at Golden Prados Drive, Prospectors Road and Carpio Drive. SUMMARY: The intersections on Golden Springs Drive at Golden Prados Drive, Prospectors Road and Carpio Drive have been identified for traffic signals. At this time, plans and specifications for the project have been prepared. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the plans and specifications for the Traffic Signals Construction on Golden Springs Drive at Golden Prados Drive, Prospectors Road and Carpio Drive and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: X Staff Report X Resolution _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification X Bid Specifications (on file in City Clerk's Office) _ Other 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? Traffic & Transportation Commission 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Termnce L. Belang r Frank M. Usher eorge A. Wentz City Manager Assistant City Manager jKCity Engineer C:\WP60\LINDAKAY\AGEN95\gldsprad.sig CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 17, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Traffic Signals Construction on Golden Springs Drive at Golden Prados Drive and Prospectors Road and Carpio Drive. ISSUE STATEMENT To construct traffic signals on Golden Springs Drive at Golden Prados Drive, Prospectors Road and Carpio Drive. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the plans and specifications for the Traffic Signals Construction on Golden Springs Drive at Golden Prados Drive, Prospectors Road and Carpio Drive and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY: The engineer's estimate for said project is $270,000, excluding any contingencies. The total allocated project budget is $372,000 of Gas Tax Fund. BACKGROUND/DISCUSSION: In order to maintain the ability to effectively accommodate the existing and future traffic circulation of Golden Springs Drive, the City has identified and conducted warrant studies for the construction of traffic signal improvements at the subject locations. Plans and specifications for the project have been prepared. Key aspects of requirements placed upon the contractor includes: * Plan and schedule to be submitted at least fourteen(14) calendar days before start of work. * Traffic control plans. * Notification to utility owners and other public agencies. * Completion of all work within eighty (80) calendar days. * Liquidated damages of $250/day for non-performance. 1 Traffic Signals Construction on Golden Springs Drive at Golden Prados Drive, Prospectors Road and Carpio Drive January 17, 1995 Page Two All customary insurance and bonds have been included. Staff has prepared a tentative schedule for the various project activities. They are as follows: Plans and specifications to City Council for approval and authorize City Clerk to advertise for bids Bid Opening Award of Contract Notice to Proceed/Procure Start of Construction Completion of Construction Prepared By: David G. Liu C:\WP60\LR-4DAKAY\CCR-95\gldsprad.sig 2 January 17, 1995 February 15, 1995 March 7, 1995 March 8, 1995 March 13, 1995 May 31, 1995 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT GOLDEN SPRINGS DRIVE AND GOLDEN PRADOS DRIVE,AT GOLDEN SPRINGS DRIVE AND PROSPECTORS ROAD AND AT GOLDEN SPRINGS DRIVE AND CARPIO DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention Or the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for Traffic Signal Construction at Golden Springs Drive and Golden Prados Drive, at Golden Springs Drive and Prospectors Road and at Golden Springs Drive and Carpio Drive. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 2:00 o'clock P.M. on the 15th day of February, 1995, sealed bids or proposals for the Traffic Signal Construction at Golden Springs Drive and Golden Prados Drive, at Golden Springs Drive and Prospectors Road and at Golden Springs Drive and Carpio Drive in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Traffic Page 1 Signal Construction at Golden Springs Drive and Golden Prados Drive, at Golden Springs Drive and Prospectors Road and at Golden Springs Drive and Carpio Drive. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locali:v in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of-ndustria= Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 1'-0, 21660 E. Copley Drive, Diamond Bar, California, 91765-4177, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be pow -ed at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty- dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with -he provisions of Section 1777. 5 of the Labor Code as amended by Chap --=-r 971. Statutes of 1939, and in accordance with the regulations cf the California Apprenticeship Council, properly indentured apt.~entices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works projec- and which administers the apprenticeship program in that trade fcr a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance cf the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When uner,plo,.-:-:ient in the area of coverage by the joint ap- prenticeship committee has exceeded an average of 15 per - Page 2 cent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or when the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the Public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each Page 3 110� DIVIDl D I1L R' l _-- _ - - .--- — 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 917654177 909-860-2489 • FAX 909-861-3117 LETTER OF TRANSMITTAL Date: / !=f IJob No.: Attention: c � �iL� WE ARE SENDING YOU: Attached Under separate cover via the following items. shop.drawings Prints Plans Samples Specifications Copy of letter Change order , Other:?.c COPIES DATE NO/. DESCRIPTION THESE ARE TRANSMITTED as checked below: For approval Approved as submitted fFor your use Approved as noted As requested Returned for corrections Review/comment Other FOR BIDS DUE 19 REMARKS: Resubmit copies for approval Submit copies for distribution Return corrected prints PRINTS RETURNED AFTER LOAN TO US COPY TO: 6171 _. (�� SIGNED: CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR TRAFFIC SIGNAL CONSTRUCTION AT GOLDEN SPRINGS DRIVE AND GOLDEN PRADOS DRIVE GOLDEN SPRINGS DRIVE AND PROSPECTORS ROAD GOLDEN SPRINGS DRIVE AND CARPIO DRIVE IN THE CITY OF DIAMOND BAR GEORGE A. WENTZ DIRECTOR OF PUBLIC WORKS The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall in said City, until 2:00 pm on February 15, 1995, sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR Eileen R. Ansari, Interim Mayor Phyllis E. Papen, Mayor Pro Tem Clair W. Harmony, Councilmember Gary G. Miller, Councilmember GaryH. Werner, Councilmember Terrence L. Belanger, City Manager SPECIFICATIONS FOR TRAFFIC SIGNAL CONSTRUCTION AT GOLDEN SPRINGS DRIVE AND GOLDEN PRADOS DRIVE GOLDEN SPRINGS DRIVE AND PROSPECTORS ROAD GOLDEN SPRINGS DRIVE AND CARPIO DRIVE IN THE CITY OF DIAMOND BAR PREPARED BY WARREN C. SIECKE TRANSPORTATION AND TRAFFIC ENGINEERING 20142 CANYON DRIVE YORBA LINDA, CA. 92686 (714) 970-6247 C. No. !0707 Uv. 6-" Page i TABLE OF CONTENTS Item Page NOTICE INVITING SEALED BIDS................................1 - 5 INFORMATION FOR BIDDERS....................................6 - 13 BIDDER'S PROPOSAL........................................14 - 18 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .........................19 LIST OF SYMBOLS AND ABBREVIATIONS .............................20 SUBCONTRACTORS LIST...........................................21 AFFIDAVIT FOR COPARTNERSHIP FIRM..............................22 AFFIDAVIT FOR CORPORATION....................................23 AFFIDAVIT FOR INDIVIDUAL BIDDER...............................24 AFFIDAVIT FOR JOINT VENTURER...................................25 FAITHFUL PERFORMANCE BOND.................................26 - 27 LABOR AND MATERIAL BOND...................................28 - 29 BIDDER'S BOND............................................30 - 31 AGREEMENT...............................................32 - 39 TECHNICAL SPECIAL PROVISIONS..............................40 - 52 Page ii RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT GOLDEN SPRINGS DRIVE AND GOLDEN PRADOS DRIVE, AT GOLDEN SPRINGS DRIVE AND PROSPECTORS ROAD AND AT GOLDEN SPRINGS DRIVE AND CARPIO DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention Or the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for Traffic Signal Construction at Golden Springs Drive and Golden Prados Drive, at Golden Springs Drive and Prospectors Road and at Golden Springs Drive and Carpio Drive. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 2:00 o'clock P.M. on the 15th day of February, 1995, sealed bids or proposals for the Traffic Signal Construction at Golden Springs Drive and Golden Prados Drive, at Golden Springs Drive and Prospectors Road and at Golden Springs Drive and Carpio Drive in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Traffic Page 1 Signal Construction at Golden Springs Drive and Golden Prados Drive, at Golden Springs Drive and Prospectors Road and at Golden Springs Drive and Carpio Drive. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, 91765-4177, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971. Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint ap- prenticeship committee has exceeded an average of 15 per - Page 2 cent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or when the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the Public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight ( 8 ) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each Page 3 workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar 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 amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C-10 contractor at time of bid in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $20.00, said $20.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by Page 4 payment stipulated above, together with an additional non reimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 93 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The Engineer's Estimate for this project is $270,000.00. The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this 17th day of January, 1995. PASSED, ADOPTED and APPROVED by the City Council of the City of Diamond Bar, California, this 17th day of January, 1995. ATTEST: City Clerk Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Diamond Bar, California, at its regular meeting held on the 17th day of January, 1995, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar, California Page 5 INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1994 Edition and all supplements. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by he City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the Owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The esti- mated quantities and amounts are for the purpose of comparison of Page 6 bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The Contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The Contractor shall maintain public liability insurance to protect said Contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract Page 7 bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The Contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The Contractor shall maintain public liability insurance to protect said Contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract Page 7 thereunder, and also to protect said Contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1, 000, 000 for more than one person injured in one accident and in the amount of not less than $500, 000 with respect to any property damage aforesaid. The City shall be named a coinsured regardless of fault. The Contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the Contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (1000) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (1000) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than the same or different names, will not be considered. Reasonable the same or different names, will not be considered. Reasonable the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in Page 8 future proposals. 11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Gov. Code Sec. 4100 and following). Forms for this purpose are furnished with the contract documents. 15. WORKMEN'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 16. BID DEPOSIT RETURN: Deposits of three or more low bidders the number being at the discretion of the Owner, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided Page 9 within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at 54380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES: The Contractor, and all subcontractors, shall comply with the provisions in Sections 1777. 5, (Chapter 1411, Statutes of 1968) , and 1777.6 of the California Labor Code concerning the employment of apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the Contractor and all subcontractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR) . 20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experi- ence, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, not more than fifty dollars ($50) for laborers workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Page 10 Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the Office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS, FEES AND LICENSES: The Contractor shall possess a valid City of Diamond Bar business license prior to the issuance of the first payment made under this contract. 23. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of the written "Notice to Proceed" of the City and to fully complete the project within eighty (80) calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of two- hundred -fifty dollars ($250.00) for each calendar day thereafter as provided in the General Conditions. 24. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Diamond Bar. 25. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. 26. QUANTITIES: The quantity of work for the unit price items to be done under the contract, as noted in the Schedule of Prices, is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informal- ity in any bid to the extent permitted by law. 27. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City's Engineer signed by an Page 11 authorized representative of the bidder or by the person filing the bid. 28. INVALID PROPOSALS: Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 29. ALTERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 30. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being non responsive and automatically rejected. 31. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is .entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 32. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal Page 12 delivery, during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. 33. ENGINEER'S ESTIMATE: The project is estimated to cost $270,000.00. Page 13 BIDDER'S PROPOSAL FOR THE TRAFFIC SIGNAL CONSTRUCTION GOLDEN SPRINGS DRIVE AND GOLDEN PRADOS DRIVE GOLDEN SPRINGS DRIVE AND PROSPECTORS ROAD GOLDEN SPRINGS DRIVE AND CARPIO DRIVE IN THE CITY OF DIAMOND BAR, CALIFORNIA Date To the City Council of the City of Diamond Bar: The Undersigned hereby declares: ,19 (a) That the only persons or parties interested in this. proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co -partnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work, and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this Proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. Page 14 (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be. Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of DOLLARS($ ) Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within fifteen days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this contract is entered into and said bonds are furnished. or if the bid is not accepted then said check shall be returned to the undersigned or the bidder will be released from the bidder's bond. Address of Bidder Telephone of Bidder City Zip Code Signature of Bidder Page 15 SCHEDULE OF PRICES FOR TRAFFIC SIGNAL CONSTRUCTION AT GOLDEN SPRINGS DRIVE AND GOLDEN PRADOS DRIVE GOLDEN SPRINGS DRIVE AND PROSPECTORS ROAD GOLDEN SPRINGS DRIVE AND CARPIO DRIVE In accordance with specifications therefore approved by the City Council of the City of Diamond Bar the undersigned bidder is herewith submitting the following bid prices for the performance of the entire work as described in these specifications and attached drawings subject to this furnishing all materials. ITEM ITEM QUANTITY UNIT UNIT PRICE ITEM TOTALS NO. DESCRIPTION (in figures) (in figures) Dollars Cents Dollars Cents 1. Traffic signal L.S. L.S. construction at Golden Springs Dr.& Golden Prados Dr. 2. Traffic signal L.S. L.S. construction at Golden Springs Dr.& Prospectors Rd. 3. Traffic signal L.S. L.S. construction at Golden Springs Dr.& Carpio Dr. 4. Traffic signing and striping at Golden Springs Dr.& Golden Prados Dr. 5. Traffic signing and striping at Golden Springs Dr.& Prospectors Rd. L.S. L.S. L.S. L.S. 6. Traffic signing L.S. L.S. and striping at Golden Springs Dr.& Carpio Dr. Page 16 ITEM ITEM QUANTITY UNIT UNIT PRICE ITEM TOTALS NO. DESCRIPTION (in figures) (in figures) Dollars Cents Dollars Cents 7. Traffic paint re- 205 S.F. moval at Golden Springs Dr. & Golden Prados Dr. 8. Traffic paint re- moval at Golden Springs Dr. & Pros- pectors Rd. 9. Traffic paint re- moval at Golden Springs Dr. & Carpio Dr. 10. Median reconstruc- tion at Golden Springs Dr. & Golden Prados Dr. 11. Wheelchair ramps 12. Traffic Signal Interconnect (ALTERNATE BID) 296 S. F. 120 S. F. L. S. L. S. 12 Each 3,615 L. F. TOTAL AMOUNT BID Accompanying this proposal is (Insert "cash, " "cashier's check, " "certified check, " or "bidder's bond," as the case may be) in the amount of $ which is equal to at least ten percent (10%) of the total bid. Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents are to provide a Page 17 completed project with all systems operating properly and ready for use. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the accep- tance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. - CLASSIFICATION - EXPIRATION DATE I declare under penalty of perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER Page 18 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identifcation Bid Date This information must include all Construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. 5 Calendar Years Prior to Current Year 1989 199U 1991 1992 1993 TOTAL CURRENT YEAR ------------------------------------------------------------------------------------------- 1. No. of contracts ------------------------------------------------------------------------------------------------- 2. Total dollar amount of contracts (in thousands of $) ------------------------------------------------------------------------------------------------- 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost workday cases involving permanent transfer to another job or termination of employment --------------------------------------------------------------------------------------------------------- 6.* No. of lost workdays --------------------------------------------------------------------------------------------------------- * The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSEA No. 102. The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. Name of Bidder (print) Address Signature State Contractors' Lic. No. & Classification City Zip Code Telephone Page 19 The definitions of the symbols and abbreviations used in the Schedule of Prices are as follows: Ave. Avenue LF Linear Feet & And LS Lump Sum AC Asphaltic Concrete Mod. Modified Blvd. Boulevard MH Manhole CAB Crushed Aggregate Base I Number CB Catch Basin No. Number Conc. Concrete NRCP Non reinforced concrete pipe Conn. Connector or Connection Pvmt. Pavement Const. Construct Perm Surf Permanent Surfacing CIP Cast Iron Pipe PCC Portland Cement CSP Corrugated Steel Pipe RC Reinforced Concrete CY Cubic Yard RCB Reinforced Concrete Box D D load of pipe RCP Reinforced Concrete Pipe Dia. Diameter Reconn. Reconnect Dbl. Double Reconst. Reconstruct Dwy. Driveway Reinf. Reinforcing or rein forced EA Each Restor. Restoration ELC Electrolier Lighting Resurf. Resurfacing Conduit Excay. Excavation Rd. Road Ex or Exist Existing Sched. Schedule ' Feet SD Storm Drain Fur. & P1. Furnish and place Sec. Section Ga. Gauge SF. Square Feet Galv. Galvanized Spec. Special Gr. Grate SS Sanitary Sewer H High or height Sta. Station HC House connection St. Street sewer Struct. structure Improv. Improvements Trans. Transition IF Inches TS Transition Stnucture JS Junction Structure Var. Variable Lb. Pounds VCP Vitrified Clay Pipe LD Local Depression W Wide or Width Page 20 SUBCONTRACTORS LIST In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the general Contractor in or about the construction of the work or improvement in an amount in excess of one half (1/2) of one percent (1%) of the general Contractor's total bid, and the portion ofthe work which will be done by each subcontractor. Name under which Sub- contractor is licensed License Address of Office, Specific Description Number Mill or Shop of Subcontract work & portion ofthe Work If the bidder fails to specify a subcontractor for any portion of the work the bidder agrees to perform the work with his own crews (Alternative subcontractors for the same work are prohibited by provisions ofthe California Government Code.) Dated Bidder Signature Signature Page 21 AFFIDAVIT FOR COPARTNERSHIP FIRM STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is a member of the co -partnership firm designated as which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested with authority to make and sign instruments for the co -partnership by who constitute the other members of the co -partnership. Subscribed and sworn to before me this day of Signature 19 Signature of Officer Administering Oath (NOTARY PUBLIC) Page 22 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is of, a corporation which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of 1 lg Signature of Officer Administering Oath (NOTARY PUBLIC) Page 23 AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of Signature 19 Signature of Officer Administering Oath (NOTARY PUBLIC) Page 24 AFFIDAVIT FOR JOINT VENTURER STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is of, one of the parties submitting the foregoing bid as a joint venture and that he has been duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: 5 that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of , 19 Signature of Officer Administering Oath (NOTARY PUBLIC) Page 25 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled land is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety. Page 26 FAITHFUL PERFORMANCE BOND (CONTINUED) IN WITNESS WHEREOF, we have hereunto set our hands and -seals this day of PRINCIPAL SURETY BY: BY: (SEAL) Page 27 1995. (SEAL) LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, as SURETY, are held and firmly bound unto the CITY OF DIAMOND, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcon- tractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. Page 28 LABOR AND MATERIAL BOND (CONTINUED) IN WITNESS WHEREOF, we have hereunto set our hands and seals this PRINCIPAL BY: SEAL day of SURETY BY: (SEAL) Page 29 , 1995. BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum of ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on February 15, 1995 for Traffic Signal Construction at Golden Springs Drive and Golden Prados Drive, at Golden Springs Drive and Prospectors Road and at Golden Springs Drive and Carpio Drive in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void: otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. Page 30 BIDDER'S BOND (CONTINUED) IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 1995 (seal) (seal) (seal) (seal) PRINCIPAL (seal) (seal) SURETY (seal) ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. Page 31 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Traffic Signal Construction at Golden Springs Drive and Golden Prados Drive, at Golden Springs Drive and Prospectors Road and at Golden Springs Drive and Carpio Drive. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Traffic Signal Construction at at Golden Springs Drive and Golden Prados Drive, at Golden Springs Drive and Prospec- tors Road and at Golden Springs Drive and Carpio Drive. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the afore said documents and this written agreement, the provisions of this written agreement shall control. Page 32 3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten ( 10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within eighty (80) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of two hundred fifty ($250.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a cer- tificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before, commencing the performance of work of this contract . " b. For all operations of the Contractor or any subcontractor in performing the work provided for Page 33 herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." Page 34 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein: 2 ) Provides it shall not be canceled or altered without thirty (30) days written notice thereof given to City by registered mail. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates or per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California 91765-4177, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777 .5 of the Labor Code as amended by Chapter Page 35 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Page 36 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty- five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY:_ The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the Contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are Page 37 directly responsible to City and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the Contractor hereunder, the Contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated 12. ATTORNEYS' FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by Page 38 law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date By. Title Title CITY OF DIAMOND BAR, CALIFORNIA By. Mayor By. City Cler Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time Page 39 TECHNICAL SPECIAL PROVISIONS 1 BID ITEM NOS. 1,2 AND 3 - TRAFFIC SIGNALS AND LIGHTING 1.1 DESCRIPTION Furnishing and installing traffic signal and highway lighting systems and payment therefor shall conform to the provisions in Section 86, "Signals and Lighting," of the California Departmentof Transportation Standard Specifications, dated July, 92 (hereinafter called State Standard Specifications) and these special provisions. Traffic signal improvements are to be constructed at the following intersections: GOLDEN SPRINGS DRIVE AND GOLDEN PRADOS DRIVE GOLDEN SPRINGS DRIVE AND PROSPECTORS ROAD GOLDEN SPRINGS DRIVE AND CARPIO DRIVE 1.2 REMOVING AND REPLACING IMPROVEMENTS Removal and replacement of improvements shall conform to the provisions in Section 86-2.02, "Removing and Replacing Improvements," of the State Standard Specifications and these special provisions. Where sidewalk is marked in 4 to 8 foot sections, removals shall leave a minimum of 3 feet to the nearest score line. Where sidewalk is marked in 4 foot sections, the concrete shall be removed and reconstructed to the nearest score line. 1.3 EQUIPMENT LIST AND DRAWINGS Equipment list and drawings of electrical equipment and material shall conform to the provisions in Section 86-1.03, "Equipment List and Drawings," of the State Standard Specifications and these special provisions. The controller cabinet schematic wiring diagram and intersection sketch shall be combined into one drawing so that when the cabinet door is fully open, the drawing is oriented with the intersection. The Contractor shall furnish 3 copies of the maintenance manual for all controller units, auxiliary equipment and vehicle detector sen - Page 40 sor units, control units and amplifiers. The maintenance manualand operation manual may be combined into one manual. The aintenance manual or combined maintenance and operation manual shall be submitted at the time the controllers are delivered for testing or, if ordered by the Engineer, previous to purchase. The maintenance manual shall include, but need not be limited to, the following items: 1. Specifications 2. Design Characteristics 3. General Operation Theory 4. Function of all Controls 5. Trouble Shooting Procedure(Diagnostic Routine) 6. Block Circuit Diagram 7. Geographical Layout of Components 8. Schematic Diagrams 9. List of Replaceable Component Parts with Stock Numbers 1.4 STANDARDS, STEEL PEDESTALS AND POSTS Standards, steel pedestals and posts shall conform to the provisions in Section 86-2.04, "Standards, Steel Pedestals and Posts," of the State Standard Specifications and these special provisions. 1.5 CONDUIT Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the State Standard Specifications and these special provisions. Rigid steel conduit shall be used. Insulated bonding bushings will be required on metal conduit. After conductors have been installed, the ends of conduits terminating in pullboxes and controller cabinets shall be sealed with an approved type of sealing compound. 1.6 CONDUCTORS AND WIRING Conductors and wiring shall conform to the provisions in Sections 86- 2.08, "Conductors. and 86-2.09, "Wiring," of the State Standard Specifications and these special provisions. Conductors shall be spliced by the use of "C" shaped compression connectors as shown on the plans. Splices in low voltage circuits ( 600 volts maximum) shall be insulated by Method B. Aluminum conductors shall not be substituted for copper. Page 41 1.7 BONDING AND GROUNDING Bonding and grounding shall conform to the provisions in Section 86- 2.10, "Bonding and Grounding," of the State Standard Specifications and these special provisions. Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the standard or pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundations. 1.8 SERVICE Service shall conform to the provisions in Section 86-2.11, "Service," of the State Standard Specifications and these special provisions. The Contractor shall notify the Engineer in writing at least 15 calendar days in advance of the date on which he desires any service connections or disconnects to be made. The Contractor shall be entitled to no extension of time or other compensation for any delay to his operation resulting from his failure to give the prescribed notifications. The fourth paragraph of Section 86-2.11 is amended as follows: It shall be the Contractor's responsibility to verify the location of and to make arrangements for and to pay for all costs to provide the necessary connection for the traffic signal and lighting system. 1.09 TRAFFIC SIGNAL FIELD TESTS Field Tests shall conform to the provisions in Section 86-2.14, "Testing," of the State Standard Specifications and these special provisions. In lieu of state testing, the testing of traffic signal equipment, including controller units, fully wired cabinets and auxiliary equipment as specified in Section 863, "Controller," of the State Standard Specifications will be performed by the Los Angeles County Department of Public Works. Approximately 21 days will be required for testing and notification of the final results. The Contractor shall be responsible for the cost of transportation of equipment to and from the designated laboratory. The Engineer shall be informed not less than 24 hours prior to the intended turn -on and beginning of the functional test. The ten day functional test shall not start on a Friday, Saturday, Sunday, holiday or any day preceding a holiday. Page 42 The Contractor shall arrange to have a signal technician, qualified to work on the controller and employed by the controller manufacturer or his representative, present at the time the equipment is turned on, during the first day of the functional test and upon completion of field installation. Prior to turn -on, all equipment as shown on the plans shall be installed and operable. All louvers, hoods and signal heads shall be directed to provide proper visibility. All signs, striping and pavement markings as required on the plans shall be in place prior to turn -on. Turn -on shall take place only during the hours between 9:00 a.m. and 2:00 p.m. on weekdays. 1.10 SOLID-STATE TRAFFIC ACTUATED CONTROLLER Solid-state traffic -actuated controller shall conform to the current Standard Special Provisions and requirements for traffic signal controllers and appurtenances of the Los Angeles County Department of Public Works. Traffic signal controller shall be Type 170 with LACO-1 program with WWV capability in a Type 332 cabinet. Controller and cabinet shall be furnished complete with detectors, and safety monitor, loadswitches, and other appurtenances as required for the operation as shown on the plans. The controllers to be installed at Golden Springs Drive and Prospec- tors Road and at Golden Springs Drive and Golden Prados Drive shall be interconnected to the existing controller at the intersection of Diamond Bar Boulevard and Golden Springs Drive. The existing controller at Diamond Bar Boulevard and Golden Springs Drive shall be the master and additional equipment including three 252 isolators shall be installed as necessary to operate in the interconnected signal system as a master with the full capabilities of the LACO-I software. The controller to be installed at Golden Springs Drive and Carpio Drive shall be interconnected to the existing controller at the intersection of Golden Springs and Ballena Drive. The controller at Golden Springs Drive and Ballena Drive shall be the master and addi- tional equipment including three 252 isolators shall be installed as necessary to operate in the interconnected signal system as a master with the full capabilities of the LACO-I software. Page 43 Six function input/output interface units shall be installed in all new controllers and in existing controllers at Golden Springs and Di- amond Bar Boulevard and at Golden Springs and Ballena Drive. Flashing operation shall provide flashing red lights on all approaches. Controller and cabinet assemblies shall be delivered complete for testing to the Los Angeles County Department of Public Works at the location designated by the Engineer. The Contractor shall schedule the work to allow twenty-one (21) days for testing. The twenty-one day testing period shall be included within the time allowed for completion as stated in the Time of Completion and Liquidated Damages section of these specifications. Upon completion of successful testing, the equipment shall be delivered to the City of Diamond Bar at a location designated by the City Engineer. The cost of testing shall be paid for by the City of Diamond Bar. 1.11 SIGNAL FACES AND SIGNAL HEADS Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Sections 86-4.01, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates," and 86-4.06,"Signal Mounting Assemblies," of the State Standard Specifications and these special provisions. All lamps for traffic signal units shall be furnished by the Contractor. Signal section housings and visors shall be the metal type. Signal lenses shall be made of glass. Plastic lenses will not be accepted. 1.12 PEDESTRIAN SIGNALS Pedestrian signals shall conform to the provisions in Section 86- 4.05, "Pedestrian Signal Faces," of the State Standard Specifications and these special provisions. Pedestrian signals shall be Type C. Z -crate screens as manufactured by Indicator Controls Corporation or approved equal shall be furnished and installed on all pedestrian signals. Page 44 1.13 DETECTORS Detectors shall conform to the provisions in Section 86-5, "Detectors," of the State Standard Specifications and these special provisions. Loop conductors and sealant shall be installed on the same day the loop slots are cut. Sawcuts shall not contain conductors for more than one phase. Splicing of detector lead-in cable and conductors shall be insulated by method A or B. Loop conductors shall conform to Section 86-5.01A(4) of the State Standard Specifications except they shall be stranded instead of solid. Pedestrian pushbutton housings shall be die-cast or permanent mold cast aluminum. Pedestrian push button signs shall be porcelain enameled metal. 1.14 HIGH PRESSURE SODIUM LUMINAIRES Luminaires shall conform to the provisions in Section 86-6.01, "High Pressure Sodium Luminaires", of the State Standard Specifications and these special provisions. Luminaires shall be high pressure sodium vapor 90 degree cut-off types with flat lenses, integral ballasts and photoelectric controls. Luminaires shall be General Electric Model M -400A cutoff or approved equal. 1.15 INTERNALLY ILLUMINATED -STREET -NAME SIGNS Internally illuminated street name signs shall conform to the provisions in Section 86-6.065, "Internally Illuminated Street Name Signs", of the State Standard Specifications and these special provisions. Signs shall be Type A. 1.16 PHOTOELECTRIC CONTROLS Photoelectric controls shall conform to the provisions in Section 86-6.07, "Photoelectric Controls", of the State Standard Specifications and these special provisions. Photoelectric controls shall be Type IV for luminaires and Type I for internally illuminated street name signs. Page 45 1.17 AS -BUILT PRINTS The Contractor is required to submit to the Engineer "As -Built" prints prior to the City accepting the work. The prints shall indicate, in red, all deviations from the plans such as, but not limited to: locations of poles, pullboxes, detectors and conduit runs, depths of conduit, number of conductors and other appurtenant work 1.18 PAYMENT Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment," of the State Standard Specifications and these special provisions. The lump sum bid for traffic signals shown on the proposal shall be considered as full compensation for all labor, materials, equipment and all things necessary to complete the work, in place and no addi- tional compensation will be made therefor. 2. BID ITEM NOS. 4, 5 AND 6 - TRAFFIC SIGNING, STRIPING AND MARKING 2.1 DESCRIPTION Installing and removing traffic signing and striping shall be performed as shown on the plans. 2.2 PAVEMENT MARKING AND STRIPING Pavement marking and striping shall conform to the provisions the of Section 84, "Traffic Stripes and Pavement Markings", te Standard Specifications and these special provisions. lemented t markers er All S andard Plan Ap20A and A20D. raised p ipes shall conform to Ca Details as follows: Stripe Detail No. --------------------------- Double Yellow 22 8" White 38 4" White 9 Double yellow stripes shall have 3" black stripe separating yellow stripes. Paint, glass beads and raised pavement markers shall be furnished and applied by the Contractor. Page 46 Paint for pavement marking and striping shall be either rapid dry white conforming to State Specification 711-80-195 or rapid dry yellow conforming to State Specification 711-80-198, in accordance with the color stipulated on the plans or as directed by the Engineer. Two coats of paint shall be applied. Reflective material consisting of glass beads shall be applied to the surface of each coat of paint prior to setting so that the heads shall have proper adhesion. Glass beads shall conform to State Specification 69-80-34 and shall be mechanically applied at a rate of 6 to 8 pounds of beads per gallon of paint. Glass beads shall be applied to pavement markings, crosswalks and striping by a dispensing device developed for this purpose or other methods approved by the Engineer. The Contractor shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. No striping shall be painted until the layout and spotting has been specifically approved by the Engineer. Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and markings shall be removed prior to painting new ones, but in no case shall any section of street be left without the proper striping for more than 24 hours or over weekends or holidays. Stencils for pavement marking shall match City of Diamond Bar stencils exactly. 2.3 ROADSIDE SIGNS Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs", of the State Standard Specifications, State of California Traffic Manual and these special provisions. Detail drawings of the standard signs are available from the California Department of Transportation. All sign layouts shall be the Contractor's responsibility and shall be subject,to the Traffic Engineer's approval. All appurtenances and hardware necessary for sign installation shall be furnished by the Contractor. All signs shall be fully reflectorized. No finished sign shall have more than one splice and no splice shall fall within 2" of the sign edge. When splices are necessary, the adjoining reflective sheeting shall be color matched under both incident and reflected light. Reflective sheeting shall be high intensity, 250 candlepower, as Page 47 manufactured by the 3M Company. The sheeting shall be guaranteed by the manufacturer in writing. Sign blanks shall be new sheet aluminum of alloy 50-52 H 38. Thickness shall be not less than .080" . Sign posts shall be the Telspar Unistrut square tube steel with breakaway feature. The posts shall be painted green per Federal Standard 595-A, color number 14109. Sign panels shall be installed at elevations not greater than seven (7) feet nor less than six (6) feet to the bottom of the sign. At locations where existing signs interfere, the existing signs shall be moved up or down as directed by the Engineer. Sign panels shall be mounted with 3/8" diameter stainless steel bolts. Sign panels on street light or traffic signal poles shall be installed using the strap and saddle method. Sign panels on traffic signal mast arms shall be installed per Standard Plan ES -6T, Detail U. Sign posts shall be installed with a minimum of 30" in the ground. 2.5 PAYMENT The lump sum bid shown on the proposal for traffic signing and striping shall be considered as full compensation for all labor, materials, equipment and all things necessary to complete the work in place involved with the installation of signs and pavement markers and the painting of striping and markings and no additional compensation will be made therefor. 3 BID ITEM NOS. 7, 8 AND 9 - REMOVAL OF PAVEMENT MARKING AND STRIPING 3.1 DESCRIPTION Removal of pavement marking and striping shall be performed as shown on the plans. Removal of pavement marking and striping shall be by the wet sandblast method. All sand used in sandblasting shall be removed without delay as the operation progresses. A street sweeper shall be used to remove excess sand from the roadway. Page 48 3.2 PAYMENT The unit price bid shown on the proposal for removal of traffic paint shall be considered as full compensation for all labor, mate- rials, equipment and all things necessary to remove pavement marking and striping and no additional compensation will be made therefor. BID ITEM NO. 10 - MEDIAN RECONSTRUCTION 4.1 DESCRIPTION The median on Golden Prados Drive easterly of Golden Springs Drive shall be modified as shown on the plan. All work and materials shall conform to the Standard Specifications For Public Works Construction (Green Book) and these special provisions. 4.2 CLEARING AND GRUBBING Clearing and grubbing including excavation and all incidental work shall be done in accordance with the project plan the applicable portions of Section 300 of the Standard Specifications and these Special Provisions and as directed by the Engineer. All costs for clearing and grubbing shall be included in the lump sum bid and no additional compensation shall be allowed therefor. All concrete improvements including P.C.C. and A.C. pavement shall be machine sawcut for removal. Pavement sawcuts shall be made so that removal is to the sawcut line without additional cracking or breakage beyond the sawcut line. The minimum sawcut depth shall be one and one-half (1-1/2) inches. The cost of sawcuts shall be included in the lump sum bid.At the completion of removal operations, the site shall be cleared of all removed materials, debris and rubble and it shall be the responsibility of the Contractor to arrange for disposal thereof. No temporary stockpiling of these materials will be allowed in the project area. 4.3 PORTLAND CEMENT CONCRETE IMPROVEMENTS All portland cement improvements shall conform to the applicable portions of Section 30-3 of the Standard Specifications and these Special Provisions and to the lines shown on the Plan. All improvements shall be constructed of concrete prepared in accordance with Subsection 201-1 of the Standard Specifications using symbol designation class 520-C-2500. The certified tickets accompanying each batch of ready mix concrete delivered to the job site shall clearly show the class designation of the specified concrete mix in addition to the requirements of Subsection 201- 1.4.3 of the Standard Specifications. Page 49 4.4 ASPHALT CONCRETE IMPROVEMENTS All asphalt concrete pavement shall conform to the applicable portions of Subsections 203-6 and 302-5 of the Standard Specifications and these Special Provisions and to the lines shown on the plan. The Contractor shall furnish to the City reports from the supplier certifying that the asphalt pavement materials and proportions comply with the designated classifications for asphalt concrete pavement as required herein, or as directed by the Engineer. Prime coat will not be required on this project. Tack coat asphalt shall be uniformly applied to vertical portions of all asphalt concrete and portland cement concrete surfaces to be joined. Asphalt concrete pavement shall be type C2 -AR -4000. 4.5 PAYMENT The lump sum bid shown on the proposal for median reconstruction shall be considered as full compensation for all labor, materials, equipment and all things necessary to complete the work in place involved with median reconstruction and no additional compensation will be made therefor. 5 BID ITEM NOS. 11 AND 12 - WHEELCHAIR RAMP AND SIDEWALK CONSTRUCTION 5.1 DESCRIPTION Sidewalk and wheelchair ramps shall be constructed as shown on the plans. All work and materials shall conform to the Standard Specifications For Public Works Construction (Green Book) and these special provisions. 5.2 PORTLAND CEMENT CONCRETE IMPROVEMENTS All portland cement improvements shall conform to the applicable portions of Section 30-3 of the Standard Specifications and these Special Provisions and to the lines shown on the Plan. All improvements shall be constructed of concrete prepared in accordance with Subsection 201-1 of the Standard Specifications using symbol designation class 520-C-2500. The certified tickets accompanying each batch of ready mix concrete delivered to the job site shall clearly show the class designation of the specified concrete mix in addition to the requirements of Subsection 201- 1.4.3 of the Standard Specifications. Page 50 Interconnect cable shall be continuous without splices from con- troller to controller. Number 5 pull boxes shall be installed at intervals of 200 feet or less. 6.2 PAYMENT Payment for traffic signal interconnect shall conform to the provisions in Section 86-8, "Payment," of the State Standard Specifications and these special provisions. The unit price bid for traffic signal interconnect shown on the proposal shall be considered as full compensation for all labor, materials, equipment and all things necessary to complete the work, in place and no additional compensation will be made therefor. Page 52 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: January 17, 1995 REPORT DATE: January 13, 1995 FROM: George A. Wentz, City Engineer TITLE: TDA Article 3 (SB 821) Allocation for Fiscal Year 1994-95 SUMMARY: For Fiscal Year 1994-95, $21,391.00 is apportioned to the City of Diamond Bar to construct and/or improve various bicycle and pedestrian facilities. The City of Diamond Bar proposes to utilize this money to modify the existing bicycle route (Class III) on Golden Springs Drive between Diamond Bar Boulevard and Temple Avenue to bicycle lane (Class II). In addition to completing the claim and revenue and expense forms, in order to be entitled to claim the allocated fund, the City Council must adopt a resolution by June 30, 1995, which specifies for what purpose the TDA Article 3 (SB 821) funds will be utilized. If said fund is not claimed by June 30, 1995, it will lapse and be reallocated for Fiscal Year 1995-96. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 95 -XX to claim the TDA Article 3 (SB 821) Allocation for FY 1994-95. Further, it is recommended that the City Clerk be directed to provide one (1) adopted copy of the Resolution of the City Council action to the Los Angeles County Metropolitan Transportation Authority. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's Office) Ordinances(s) _ other: Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney? X Yes . No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: N/A REVIEWED BY: Terrence L. Be ger Frank M. Useo a A. Wen z City Manager Assistant City Manager ity Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 17, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: TDA Article 3 (SB 821) Allocation for Fiscal Year 1994-95 ISSUE STATEMENT: To claim $21,391.00 of TDA Article 3 (SB 821) fund allocated to the City of Diamond Bar for Fiscal Year 1994-95. RECOMMENDATION: That the City Council adopt Resolution No. 95 -XX to claim the TDA Article 3 (SB 821) allocation for Fiscal Year 1994-95. Further, it is recommended that the City Clerk be directed to provide one (1) executed copy of the Resolution of the City Council action to the Los Angeles County Metropolitan Transportation Authority. FINANCIAL SUMMARY: The proposed recommendation will contribute towards the City's total available TDA Article 3 (SB 821) fund of $162,000. BACKGROUND/DISCUSSION: Each fiscal year, the Los Angeles County Metropolitan Transportation Authority (MTA) allocates funding that is available under TDA Article 3 of the California Transportation Development Act (SB 821) to local jurisdictions. Such funds are to be utilized to promote public transit alternatives to the single -occupant vehicle, thus, encouraging the construction and/or improvement of local and regional bicycle and pedestrian facilities. The $21, 391.00 local funds allocated to the City of Diamond Bar will be utilized for the modification of the existing bicycle route (Class III) on Golden Springs Drive between Diamond Bar Boulevard and Temple Avenue to bicycle lane (Class II). PREPARED BY: David G. Liu Tseday Aberra RESOLUTION NO. 95- A RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITO BICYCLE AND/OR PEDESTRIAN PLAN A. RECITALS. (i) SB 821 provides that 2% of each county's total local Transportation Fund be annually set aside and used to fund the development of bicycle and pedestrian facilities; and (ii) The City of Diamond Bar desires to construct and maintain the master bikeway system within its city utilizing, in part, the funds available under SB 821. B. RESOLUTION. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: 1. To adopt the Bikeway System in conformance with the specifications in calTrans' Bikeway Planning and Design and the Regional Mobility Plan; 2. To authorize Terrence L Belanger City Manager as the City's authorized signature and designated contact person; 3. To apply for all funds available to the City of Diamond Bar allocated for Bikeways and Pedestrian facilities (SB 821); 4 To maintain, or cause to be maintained in safe condition, all facilities whose construction is wholly or partially funded by the requested allocation of SB 821 funds. PASSED, APPROVED and ADOPTED this day of , 1995. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on day of , 1995 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7,f. TO: Honorable Mayor and Members of the City Council MEETING DATE: January 17, 1995 FROM: Terrence L. Belanger, City Manager REPORT DATE: January 13, 1995 TITLE: Award of Contract for Telephony System and Related Telephone Service SUMMARY: Recently the California Public Utilities Commission approved telephone rate structure realignment since 1984. As a result, business service lt rateswlete illincrease as much as $10.00 per line. To help offset the proposed rate increase, Staff has examined various options the City could take to improve both the efficiency and cost- effectiveness of its telecommunications system and related services. RECOMMENDATION: It is recommended that the City Council consider the following and direct staff accordingly: A. Approve the award of a 60 -month municipal lease with GTEL, in an amount not -to - exceed $489.63 per month, for a key telephone system and related telecommunications equipment. B. Approve the award of contract to GTE for a three year term for CentraNet Services and authorize the City Manager to execute all necessary documents to effectuate this contract. C. Authorize the City Manager to enter into a five year cooperative services agreement with the State of California and GTE to provide message toll telephone service at a rate of $0.054 per minute with sub -minute billing. LIST OF ATTACHMENTS: XStaff Report _ Public Hearing Notification —Resolution(s) _ Bid Specification SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? _ Yes — No 2. Does the report require a majority or 4/5 vote?MAA 3. Has environmental impact been assessed? JORITY 4. Has the report been reviewed by a Commission? N/A —Yes — No Which Commission? _ Yes X No 5. Are other departments affected by the report? Report discussed with the following affected departments: —Yes X No REVIEWED BY: t errence L. Belanger City Manager Frank M. Usler Assistant City Manager Tro Butzlaff Assist t to the Cit Ma er CITY COUNCIL REPORT AGENDA NO. %. 6 MEETING DATE: January 17, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Telephony System and Related Telephone Services ISSUE STATEMENT: How can the City optimize its telecommunications system and reduce its monthly telephone service rate? RECOMMENDATION: It is recommended that the City Council consider the following and direct staff accordingly: A: Approve the award of a 60 -month municipal lease with GTEL, in an amount not -to -exceed $489.63 per month, for a key telephone system and related telecommunications equipment. B. Approve the award of contract to GTE for a three year term for CentraNet Services and authorize the City Manager to execute all necessary documents to effectuate this contract. C. Authorize the City Manager to enter into a five year cooperative services agreement with the State of California and GTE to provide message toll telephone service at a rate of $0.054 per minute with sub -minute billing. BACKGROUND: The City of Diamond Bar currently rents its telephony system from GTEL. This system consists of two (2) Norstar Meridian Digital Key Service Units (KSU), which serves as the City's on-site telephone switch, and approximately 38 telephone handsets. All equipment is manufactured by Northern Telecom, a leader in digital telecommunications technology. Originally, the City's telephone system consisted of one (1) KSU and approximately 30 telephone handsets. However, in 1993, the City's Building and Safety contractor, Pacesetters, terminated their contract with the City. In terminating this contract, the City assumed responsibility for an additional Norstar KSU, which is located in Suite 190, and approximately eight (8) telephone handsets that were also being rented from GTEL. Prior to assuming responsibility for the other KSU, the City paid $854.40 per month for its telephone equipment. Now, as a result of both rental accounts, the City pays $1,285.78 per month or $15,429.36 per annum. This does not include monthly telephone service charges or toll charges. DISCUSSION: Recently, it was determined that the second KSU, previously utilized by Pacesetters, was unnecessary and could be eliminated. As a result of this information, City staff has examined various options and has determined that the City could substantially reduce its monthly telephone equipment charges by eliminating the second KSU and entering into a 60 -month municipal lease for the other KSU and telephone equipment. Based on the potential cost savings that could be achieved by consolidating telephone operations into one KSU, staff has prepared a Request for Quotations (RFQ) for a Norstar Key Telephone System, a copy of which is attached for your information. This RFQ was distributed to seven (7) firms authorized to sell and repair Northern Telecom products in Los Angeles County. The City received quotations from the following firms in response to its RFQ: GTEL; NorTel (formerly PacTel); and Tie Communications. Staff has carefully reviewed the information provided by each firm and finds GTEL to be the lowest responsive bidder. Table 1 below summaries the cost information provided by each firm. TABLE 1 $ vNt' d Me-93NEWN" Equipment Cost' $25.930.98 G �. $4,312.68 $5,608.80 WOFFN No $6,900.00 ContractMaintenance SEA- N TOTAL i • • • $31,53• • , PURCHASE t 'fir IJ y, t:3�3%$1.-y 5_€. , aP°s. .. , $489.63/month ,4{�i - "" �*TMi�t`£vb _ $532.62/month a§i .4PN;. PIN;. $674.29/month In addition to being the lowest responsive bidder, it should be noted that the City of Diamond Bar is located in the GTE service area and receives interconnect (i.e., telephone) services through them. GTEL is part of the GTE corporate family and provides equipment and services. As a result of this interrelationship and on the basis of quality, service, durability, standardization, and warranty integrity, City staff feels that GTEL/GTE is the most appropriate vendor/service provider for the City's telephony system. Equipment comes standard with a two year on-site factory warranty. Assumes financing at current interest rate The City could either purchase the telephone system outright for $27,429.99 or enter into a multi-year municipal lease for the telephone equipment. By entering into a municipal lease with GTEL, the City's telephone equipment costs will be reduced from $1,285.78 to $489.63 per month. This represents a cost savings of $796.15 per month, which is an annual savings of $9,533.80 and a $47,769.00 savings over the 60 -month lease term. At the end of the lease, the City will have the option of purchasing the telephone system for $1.00 or returning the equipment to GTEL without penalty. Staff believes that a 60 -month municipal lease with GTEL for a key telephone system is in the public's best interest in that it will significantly reduce the City's monthly telephone equipment costs, as well as provide the City with one of the most state-of-the-art telephony systems on the market today. Furthermore, at the end of the lease, the City will have the option of buying the equipment or returning it to GTEL. This will help to insure that the City's telephone system will always be TELEPHONE SERVICE RATES: The California Public Utilities Commission recently approved the first complete telephone rate structure realignment since 1984. This rate realignment, which became effective January 1, 1995, will alter rate structures for many of the services that GTE offers business customers in California. Although some rates will decrease (e.g., local long distance calling), the monthly service charge will increase approximately $10.00 per line for business customers. As a result of the rate realignment, the City's monthly service rate will increase about $573.06 per month. Although some of the projected increase will be offset by a 40% reduction in local long distance rates, the City can further reduce its monthly service costs by entering into a three (3) year contract with GTE for CentraNet Service. The City currently has CentraNet Service on many of its telephone lines. Instead of having expensive switching equipment (e.g., PBX), CentraNet Service requires no capital outlay, places no limits on growth, delivers leading-edge technology and assures near -zero downtime. This is because CentraNet lines are maintained by GTE in their central office. Table 2 shows what the City paid per month before the rate realignment, what the current monthly service rate will be, and what the City will pay if it enters into a three (3) year CentraNet contract. TABLE 2 MONTHLY SERVICE RATE 1 $875.44 1 $1,334.31 $1,004.75 $329.56 As reflected in Table 2, the City will save an additional $329.56 per month by placing all of the City's telephone lines on CentraNet Service and entering into a three (3) year contract for that service. LOCAL ACCESS AND TRANSPORTS AREA (LATA) CALLS: The City can save even more money by entering into a cooperative services agreement with the State of California and GTE for message toll telephone service, also known as Local Access and Transport Area (LATAs) calls. The City currently pays between $0.17 to $0.32 per minute for local long distance calls depending on the time and area called. By entering into a cooperative service agreement with the State of California, the City will be given a flat rate of $0.0540 per minute with sub -minute billing at 18 second intervals. For example, under the State contract, a thirty (30) second call to Pasadena during peak daylight calling period would cost approximately $0.0210 instead of $0.32. Considering the number of LATA calls made by City staff a flat rate of $0.0540 could result in a substantial cost savings. The term of this contract is for a five (5) year period. The City may, upon ninety (90) calendar days written notice, terminate this contract. However, if the City elects to terminate this contract prior to the end of its term, the City will be charged the difference between the Actual Minutes billed and the Minimum Minutes commitment for the year of termination, plus sixty (60) percent of the annual Minimum Minutes commitment. Staff believes that both contracts are in the City's best interest in that they will significantly reduce the monthly service and local long distance rates that the City currently pays. Therefore, it is staff s recommendation that the City Council approve these contracts and authorize the City Manager to execute, on the City's behalf, all necessary documents to effectuate the contracts. Prepared By: V---, Troy Linn f Assistant to the y Manager TLB: Attachments CITY OF DIAMOND BAR 21660 EAST COPLEY DRIVE, SUITE 100 DIAMOND BAR, CALIFORNIA 91765 REQUEST FOR QUOTATION FOR KEY TELEPHONE SYSTEM This form is to be returned, with an attached narrative proposal which responds to the specifications outlined below, to: City of Diamond Bar ATTN: TROY L. BUTZLAFF, ASSISTANT TO THE CITY MANAGER 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765 Submittal Deadline: Date: January 3, 1995 Time: 5:00 p.m. Quotation submitted by: Name of Company Address City, State ZIP Telephone By: Signature Name (Typed) Title Equipment Cost: Maintenance Cost: S (3 years Parts and Labor) 60 Month Municipal Lease:$ per month 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 •FAX 909-861-3117 December 19, 1994 SUBJECT: REQUEST FOR QUOTATIONS (RFQ) FOR KEY TELEPHONE SYSTEM Interested Firms: The City of Diamond Bar, hereafter referred to as "CITY," is inviting eligible firms, hereafter referred to as "VENDOR," to submit quotations for certain Northern Telecom products as specified in this Request for Quotations and hereafter referred to as "PROJECT." Background and Purpose: The purpose of this Request for Quotations (RFQ) is to solicit bids from authorized vendors of Northern Telecom products and services for certain key telephone equipment as specified in this RFQ. All equipment specified in this RFQ must be new and carry a two (2) year factory warranty. The supplying vendor must be the single point of contact for all warranty services. Quotes for equipment should include all installation, wiring, programming, configuration and testing of equipment, and a minimum of seven (7) hours of user training. Quotes for equipment should be based on a 60 month municipal lease with an option to purchase at the end of the lease. The City reserves the right to determine what the method of compensation will be. The final method of compensation will be specified in writing by the City at the time the contract is awarded. Equipment Summary: EQUIPMENT EQUIPPED WIRED CAPACITY PBX/Centrex Lines 32 32 128 Digital Stations 1 38 40 128 Key Service Unit 1 1 40 128 All equipment must be new and include a two year factory warranty Equipment Specifications: Quantity Description 1 Norstar 8x24 KSU 1 Video Tape Norstar End User 1 Cartridge, DR5 NMII Software F/Modular 1 Module, Key Lamp (color: Grey) 3 Telephone M7208 w/Bndry MIC ADA Compliant (color: Grey) 34 Telephone M731 0 w/Bndry MIC ADA Compliant (color: Grey) 1 Telephone M7324 w/Bndry MIC ADA Compliant (color: Grey) 10 Busy Lamp Field (color: Grey) 1 Supply, Station Auxiliary Power 1 Power Bar 1 CP1103WL 120V 5-15P, 2 5-15RD 1 Module, Station 6 Cartridge, Trunk 2 Module, Trunk 1 Cartridge, 6 Port Expansion Warranty: All equipment specified in this RFQ shall include a standard two year on-site factory warrant. In addition, the City would like to receive quotes for an additional three years of on-site service (parts and labor) for all equipment specified in this RFQ. This should be listed as a separate item. Installation Services: Installation services will, at a minimum, consist of: pick-up and delivery of equipment to City; removal of existing hardware (if applicable); installation of new equipment; setup and testing of equipment; and user training. Vendor Responsibilities: The vendor shall be responsible for providing all tools, diagnostic and technical equipment (e.g., meters, interface devices, etc.), and related materials necessary for completing this project. Quotation Contents: In order to achieve consistency in the review process, each vendor shall submit their response according to the following format: Provide the name, address and telephone number of three (3) references that have purchased similar components and services from vendor. 2. Provide a summary of vendor's general qualifications to provide the specified equipment. Include vendors technical qualifications to perform the required service and the location of the nearest service center. Please limit response to two (2) pages. 3. Documentation and verification that vendor is an authorized distributor of Northern Telecom products. 4. Documentation and verification that vendor is authorized by Northern Telecom to provide factory warranty services and emergency technical support. 5. Provide verification that all proposed components are new and manufactured by Northern Telecom or a licensed manufacturer of Northern Telecom Incorporated. 6. Provide an itemized quotation for each component specified under this RFQ. Taxable items must include applicable sales tax. Extended maintenance costs should be listed separately 7. Provide an estimated delivery and installation schedule from the date of purchase authorization. 8. Provide any other information about your firm which you believe would be applicable to this project. Schedule of Deliverables: All equipment purchased under this RFQ must be available for delivery to the City within 15 days upon notification of purchase authorization. Due Date: The vendor shall submit two (2) copies of their proposal by 5:00 p.m., (PST), January 3, 1995. If you are interested in this project, please submit a quotation according to the specifications set forth in the section above. All quotations should be submitted in a sealed envelope, plainly marked in the upper left- hand corner with the name and address of the vendor and the words "REQUEST FOR QUALI-FICATIONS FOR KEY TELEPHONE SYSTEM." Quotations should be directed to the City of Diamond Bar, 21660 East Copley Drive, Suite 100, Diamond Bar, CA 91765. Faxed proposals are not acceptable. Selection of Qualified Vendor: The City shall select a vendor for this project based on a combination of factors, such as: responsiveness and comprehensiveness of the vendor with respect to this Request for 3 Quotations (RFQ); technical background and experience, previous work performed for other public agencies; approach to this particular project; information obtained from references; and vendor's cost effectiveness. In addition the following factors will be considered: o The quality, availability and suitability of he supplies, equipment or services to the particular use required. o The ability, capability and skill of the vendor to perform the services required. o Whether the vendor has the financial resources and facilities to perform or provide the services promptly, or within the time specified without delay or interference. o The character, integrity, reputation, judgement, experience and efficiency of the vendor. o The vendors record of performance on previous contracts or services. o The ability of the vendor to provide future maintenance and service for the use of the equipment or materials to be purchased. Permits and Licenses: The vendor shall secure or maintain in force during the period covered by any contract resulting from this specification any applicable licenses and/or permits required by law for the operation of the business. Modifications or Withdrawal: Once submitted, quotations cannot be altered without the City's express written consent. The City reserves the right to reject any quotation and may elect to make a decision without further discussion or negotiation. This solicitation for quotations is not to be construed as a contract of any kind. The City is not liable for any costs or expenses incurred in the preparation of the RFQ and may withdraw or modify this request at any time. The selected vendor may be required to enter into a Professional Services Agreement with the City of Diamond Bar. A copy of this agreement is available upon request. Minority and Woman Owned Businesses: The City herewith notifies all potential vendors that it will insure that in any contract or purchase agreement entered into, that minority and woman owned business enterprises will be afforded full opportunity to participate in this procurement, and will not be 4 discriminated against on the grounds of sex, race, color or national origin in the consideration for award. Affirmative Action: The City hereby notifies all vendors that it will affirmatively insure that in any contract entered into pursuant to this RFQ, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the ground of sex, race, color, or national origin in consideration for an award. Questions• If there are any questions regarding this Request for Quotations (RFQ), please contact Troy L. Butzlaff, Assistant to the City Manager, at (909) 396-5689. Sincerely, 4W"L-, �• Terrence L. Belanger City Manager TLB:TLB:nbw CITY QF DIAMOND BAR AGENDA REPORT AGENDA NO. Z�_ TO: Terrence L. Belanger, City Manager MEETING DATE: January 17, 1995 REPORT DATE: January 11, 1995 FROM: Kellee A. Fritzal, Administrative Assistant TITLE: PUBLIC HEARING AND CONSIDERATION OF THE 1995-96 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET SUMMARY: The City has scheduled a public hearing to discuss programs and allocation for use of Community Development Block Grant (CDBG) funds. The City expects to receive approximately $318,500 in federal funds as a participant in the 1995-96 Los Angeles Urban County CDBG Program. The funds may be used for a variety of Community Development activities which develop a viable urban community, principally for persons of low and moderate income. The purpose of the public hearing is to solicit public testimony and receive presentations from public service organizations requesting funds and from residents. RECOMMENDATION: It is requested that the City Council conduct a public hearing and approve the Community Development Block Grant (CDBG) projects and budget listed in this report for funding during the 1995-96 program year, and authorize the City Manager to execute all CDBG documents required for the implementation of the program. EXTERNAL DISTRIBUTION: Requesting agencies SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed—Yes X No by the City Attorney? — 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: Community Development, Community Services, Engineering REVIEWED BY: b 0 1 "7 Terrence L. Belanger City Manager Frank M. Usher Assistant City Manager J s DeStefano Community Development Director CITY COUNCIL REPORT MEETING DATE: January 17, 1995 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: PUBLIC HEARING AND CONSIDERATION OF THE 1995-96 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET ISSUE STATEMENT: As required by Federal guidelines a public hearing must be conducted, prior to the adoption of the 1995-96 Statement of Objectives and projected use of Community Development Block Grant program funds. RECOMMENDATION: It is requested that the City Council conduct a public hearing and approve the Community Development Block Grant (CDBG) projects and budget listed in this report for funding during the 1995-96 program year, and authorize the City Manager to execute all CDBG documents required for the implementation of the program. FINANCIAL SUMMARY: Approval of the 1995-96 CDBG budget will be incorporated into the 1995-96 budget documentation. The CDBG Program does not impact the General Fund budget of the City. BACKGROUND: The City of Diamond Bar, through a Cooperative Agreement, is part of the Los Angeles Community Development Commission (CDC) - Community Development Block Grant program (CDBG). The CDBG program was established through the Housing and Community Development Act of 1974. The primary objective of Title I of the Housing and Community Act of 1974, as amended, and of the community development program of each grantee under the Title is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. The City receives CDBG funds based upon a formula which appropriates grants to cities in metropolitan areas. The use of CDBG funds must meet the primary national objectives of the program: Benefitting low and moderate income persons; or Addressing slums or blight; or Meeting a particular urgent community development need. The projects must also meet eligible activity categories including: acquisition of real property for an eligible use; acquisition, construction, and rehabilitation of public facilities; demolition and clearance of deteriorated buildings; community services for low -and moderate -income households; removal of barriers that restrict the mobility for elderly or handicapped persons; special economic development activities. CDBG funds may be used for a variety of community development activities such as, park improvements, public works improvements, N public services and administration. The City has participated in the Los Angeles County Urban CDBG Program since the 1990-91 program year. In February 1991, the City Council established requirements for determining funding eligibility for CDBG monies, these requirements are attached. CDBG grants are used for various community development, housing rehabilitation and public service programs. The funds may only be used within low and moderate income census tracts (of which the City has none) and/or to benefit low and moderate income persons and/or presumed eligible persons (seniors and handicap). A preliminary list of projects and accompanying budget must be submitted to the CDC on January 20, 1995. A fmal list of CDBG projects will be submitted to the CDC by February 27, 1995, following notification of the City's actual 1995-96 allocation. If the actual funding level varies from the $318, 429 estimate, the proposed projects and budgets may be adjusted accordingly by the City. The City of Diamond Bar's projects and budget will ultimately become part of the Los Angeles County's CDBG program application to the U.S. Department of Housing and Urban Development. DISCUSSION Of the City's total allocation, a portion may be allocated towards community services projects. Due to the Los Angeles Riots, there was a five year (5) exception to the 15% public service cap, increasing it to a 25% public service cap. It is staffs recommendation that the City use a 20% public service cap for 1995-96 to assist the mandatory reduction to 15% in 1997-98. If we use the 20% cap, the City may allocated $63,680 for public service proj ects. Those projects which are determined eligible and are granted funding must meet the Federal regulations/requirements as subrecipients. The regulations include determining eligibility of participants, submitting back-up documentation, and retention of all records for a three year period. The City provides support to the projects that receive funding with technical assistance and monitoring to insure compliance. The City is responsible for managing the day-to-day operations of all the subrecipients supported activities. The City must monitor the subrecipients supported activities to assure compliance with applicable Federal requirements and that performance goals are being achieved. As part of the application process, the City must describe the programs which are currently being implemented and how those programs meet the goals and objectives that have been established by the City. CURRENT 1994-95 CDBG PROJECTS AND BUDGETS YMCA Childcare ($26,000) - To provide afterschool childcare for up to fifteen (15) families monthly. To date the YMCA has provided child care to seventeen (17) children monthly. YMCA Summer/Off Tract ($11,500) - To provide summer day camp and off track childcare for up to eighteen (18) families monthly. To date the YMCA has assisted 21 children monthly in summer day camp . program. YWCA- Y -Teen ($ 5,500) - To provide a weekly self-esteem/awareness class for at -risk youth for thirty (30) girls. To date the program has provided service to two eligible participants. City Senior Program ($30,000) - To provide senior activities, classes, referrals, special events to 100 seniors daily. Averaging 12 seniors a day. Diamond Bar Senior Club Insurance ($1,000) To provide funds to purchase insurance for the senior club and truck rental for food distribution. Seniors purchased insurance, did not need to rent truck. 3 Senior Emergency Preparedness ($ 2,000) To provide education and training to seniors for emergency preparedness. Staff is currently in process of purchasing supplies. Diamond Bar Mediation Center ($2,000) To provide mediation services for low and moderate income persons. Program has not begun, due to not meeting federal requirements. Program Administration ($31,800) Monitors programs, submits required reports, audits subrecipients. Park Retrofit ($181,600) To remove architectural barriers at Maple Hills Park to comply with the Americans with Disabilities Act (ADA). Construction documents are being prepared for the project. Handicap Access Ramps ($112,800) To remove architectural barriers at 101 ramps at various locations along Diamond Bar Boulevard and Golden Springs Drive, specifications have been developed. Housing Rehabilitation ($30,701) To develop a program for Housing Rehabilitation loans. City became involved in the LA County HOME Residential Rehabilitation Program. Boy Scouts Adventure Mountain Camp - 1993-94 ( $4,000) To provide an adventure camp for boys not involved in scouting. Program has been scheduled for July, 1995. Funds not utilized in the 1994-95 program year will be carried -over into a contingency funds, which can be reprogrammed into the 1995-96 program year. In addition the carry-over funds from the 1992-93 and 1993-94 have been programmed to install sidewalks on Diamond Bar Boulevard between Fountain Springs and Pathfinder. PROPOSED PROJECTS AND BUDGETS FOR THE 1995-96 PROGRAM YEAR The City anticipates receiving $318,429 for implementation of CDBG programs. In anticipation for the new CDBG funding the City published public notices announcing the availability of CDBG funds. Staff developed an application form for the agencies to complete to be eligible for funding. After review of the applications, past performance and interviews with the applicants, the following funding recommendations are made by staff: Public Services YMCA Childcare Requested $34,000 Recommendation $26,000 To provide afterschool childcare for up to twenty (20) families monthly. YMCA Summer/Off Tract Requested $15,000 Recommendation $11,500 To provide summer day camp and off track childcare for up to twenty-five (25) families monthly. YWCA Y -Teen Requested $12,447 Recommendation $ 2,000 To provide a weekly self-esteem/awareness class for at -risk youth at three sites for thirty (30) girls. City Senior Program Requested $20,000 Recommendation $20,000 To provide senior activities, classes, referrals, special events to 130 seniors weekly. 4 Diamond Bar Senior Club Insurance Requested $500 Recommendation $ 500 To provide funds to purchase insurance for the senior club. Senior Emergency Preparedness Requested $2,500 Recommendation $ 2,500 To provide education and training to seniors for emergency preparedness. Project Sister Sexual Assault Prevention Requested $1,012 Recommendation $ 1,000 To provide funding for sexual assault prevention education to seniors. Administration Sub -Total Requested $85,459 Recommendation $ 63,500 Program Administration Requested $31,800 Recommendation $31,800 To provide overall CDBG program administration and implementation for all CDBG funded projects. Sub -Total Requested $31,800 Public Work Park Retrofit Requested $ 150,000 Recommendation $31,800 Recommendation $100,000 To remove architectural barriers at Maple Hills Park and Peterson Park to comply with the Americans with Disabilities Act (ADA). Sidewalk Installation Requested $440,000 Recommendation $123,200 To provide funding for the construction of sidewalks at various locations throughout the City, to facilitate the mobility of Handicapped persons. Sub -Total Requested $590,000 Recommendation $223,200 TOTAL REQUESTED $707,259 REC0A_ NDATION $318,500 CONCLUSION The purpose of the public hearing is to solicit public testimony and receive presentations from public service organizations requesting funds. It is an opportunity for the City Council to question the proposed public service organizations as well as City staff regarding the applications under consideration. 5 Prepared By: Kellee A. Fritzal Attachments Matrix of Staff Recommended Funding City Requirements for CDBG Projects Notice of Availability of CDBG Funding Public Hearing Notice CDBG Project Applications CITY OF DIAMOND BAR REQUEST FOR CDBG FUNDING Request for City CDBG Funding will be evaluated as it relates to meeting the community needs and objectives, of the City of Diamond Bar. The City of Diamond Bar will consider a project which is directed towards the community's need for improvement, development, employment, maintenance, and public services and facilities. Award for contribution will be evaluated according to the following: The proposed project should expand capital formation, business development, and ownership opportunities in the city; or 2. The proposed project should emphasize programs which show early results, create high visibility, yet have the potential of producing enduring community benefits; or The proposed project should expand job opportunities and the urban tax base by increasing the incentives for industrial and commercial reinvestment; or 4. The proposed project should provide facilities and services which meet basic human needs and are essential to sound community development; or The proposed project should encourage public/private sector partnerships for job training, placement and management assistance which promote participation in the Diamond Bar community and ensure -curriculum responsible to the market place; or 6. The proposed project should eliminate blight by improving the appearance and upkeep of private and public property and encourage programs which maintain and upgrade the quality of life and environment; or 7. The proposed project should be economically sound with multiple source funding, which, where applicable, have a significant volunteer component; or 8. The proposed project should stress tangible and measurable results and demonstrate strong community involvement, linkage to related supportive services such as Employment, Crime Prevention, Child Care, Senior Citizen Services, Health, Drug and Alcohol Abuse Prevention Program, Youth Diversion Programs and Activities, and Neighborhood Watch Programs; or 9. The proposed project should demonstrate acquisition, construction/reconstruction, rehabilitation, or installation and improvement of the following public facilities which are necessary for the applicant's neighborhood revitalization. These facilities are: senior citizen centers; parks; playgrounds and other recreational facilities; centers for the handicapped; neighborhood facilities; solid waste disposal facilities; fire and police protection facilities; parking facilities; public utilities; street improvements; water and sewer facilities; flood and drainage facilities; and other facilities and improvements which are necessary for the applicant's neighborhood revitalization will have a high priority. NOTE: Any program or project, in order to be approved for CDBG funding, must comply with all CDBG policy, procedure, and criteria. 1995-96 CDBG PROGRAM APPLICATIONS Program/ New/ Amount Amount Staff Council Organization Existing Rcv'd 94 Requested Recommended Approved YMCA $31,842 $31,800' $31,800 Administration Childcare Existing $26,000 $34,000 $26,000 Park Retrofit YMCA $181,600 $150,000 $100,000 City Day Camp Existing $11,500 $15,000 $11,500 Sidewalk Installation YWCA $0 $440,000 $123,200 I Y -Teen Program Existing $5,5001 $12,447 $2,000 Seepage Studies City $0 $44,000 $0 Senior Programs Existing $30,000 $20,000 $20,000 Diamond Bar Senior Club Insurance Existing $1,000 j $500 $500 City Senior Emergency Prep Existing $2,0001 $2,500 $2,500 Project Sister Sexual Assult'Prevention New $0 $1,012 $1,000 TOTAL $85,459 $63,500 Public Service Cap - 20% is $63,680 and 25% Cap is $79,600 ity Inogram Existing $31,842 $31,800' $31,800 Administration TOTAL $31.,800 $31,800 Administration Cap is 10% - $31,800 TOTAL $634,000 $223,200 GRAND TOTAL $751,259 $318,500 i City Park Retrofit Existing $181,600 $150,000 $100,000 City Sidewalk Installation New $0 $440,000 $123,200 City Seepage Studies New $0 $44,000 $0 TOTAL $634,000 $223,200 GRAND TOTAL $751,259 $318,500 CITY OF DIAMOND BAR PUBLIC HEARING NOTICE 1995-96 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM NOTICE IS HEREBY GIVEN that the City of Diamond Bar will conduct a Public Hearing to receive citizen input on projects to be submitted to the U.S. Department of Housing and Urban Development (HUD) for funding through the Community Development Block Grant (CDBG) Program. The City of Diamond Bar receives Federal CDBG funds, as a participant in the Los Angeles Urban County Program on an annual basis. The Diamond Bar City Council will conduct a public hearing on Tuesday, January 17, 1994, at 6:30 p.m. prior to taking action to formulate a Final Statement of Community Development Objectives and Projected Use of funds for the 1995-96 CDBG Program Year. City staff will present details of the proposed program and all interested persons will be invited to speak. The goal of the program will be to provide primary benefit to low and moderate income residents of the community. The objectives of the program include: to provide services and program for Diamond Bar seniors; to provide public services for low and moderate income residents concerned with child care, self esteem, health, emergency preparedness, education and training among others; to provide retrofit of City parks and sidewalks city wide to meet the Americans with Disabilities Act; and to provide planning and administrative capacity to implement the City's CDBG program objectives. For further details contact Kellee Fritzal at (909) 396-5690. Kellee Fritzal Administrative Assistant Publish: January 6, 1995 CITY OF DIAMOND BAR NOTICE OF AVAILABILITY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FISCAL YEAR 1995-96 The City of Diamond Bar anticipates that approximately $319,000 in Federal Community Development Block Grant funds will be available for projects in fiscal year 1995-96. The City invites proposals for projects including public improvements, public services and housing rehabilitation. Individuals may suggest a project or program to be undertaken by the City of other eligible organizations may apply for funding for a project or program funded by Community Development Block Grant. All proposals must adhere to Federal guidelines which include meeting one of the following criteria: Participants must meet low or moderate income standards. Conditions of slum and blight must be reduced or eliminated. Information on proposed projects must be submitted on forms provided by the City by December 9, 1994. For further information and application forms, please contact the City at (909) 396-5690 or visit City Hall located at 21660 E. Copley, Suite 100, Diamond Bar CA 91765. December 7, 1994 r Kellee Fritzal `o _ City of Diamond Bar0 21660 E. Copley Drive Suite 100 0 -- Diamond Bar, CA 91765 , Dear Ms. Fritzal,' - The Diamond Bar/Walnut YMCA is requesting funding from the 1995 *10 Community Development Block Grant Program to continue financial assistance a low and `mllaerate nclude ourlafter-1scles that hool program, day camp andate in our year care programs. This round off-track program. These programs make a significant difference in our community. They help working parents by providing a safe, clean and positive environment for children after school and on school hol lidfitness, Thcommun ty programs service and roduce participants to values education, physical leadership. The programs include time for homework, learning team spirit and sportsmanship, field trips and special projects. They acoencuragviethat the participants to grow as a family unit by providing special include the entire family. The request will allow the CA to expand financial assistance from the 17% in 1994 to 20% projected for 1995. elp insure that Your fable child carwill consideration cont nue to be availablelin our community quality, affordable chil families with the highest need. Thank you for your continued interest and support. Sincerely, Alison Meyers Child Care Director 22600 SUNSET CROSSING • DIAMOND BAR, CALIFORNIA 91765 • (909) 860-0387 A BRANCH OF THE POMONA VALLEY METROPOLITIAN YMCA CITY OF DIAMOND BAR 94DEC C P1111 TYSDZVZLOPXZNT BLOCK GRANT PROGRAM[ APPLICATION FOR FUNDING All requests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Community Development Act as amended. 1. Application snamasv Name of organization Diamond Bar/Walnut YMCA Project Name Low-income Child Care Amount Requested: $ 34,000 Location of Project Diamond Bar/Walnut YMCA and Golden Springs Elem. School Funds would be used to:Financially assist low income child care participants. II. General Information Organization Address 22600 Sunset Crossing? City Diamond Bar Contact Person Jerry White Zip Code 91765 Title Branch Director Officials authorized to sign contract and expend funds for applicant: Name Jerry White Name Pastor William Hampton Federal Z.D. corporation): Title Branch Director Title General Director #Au Vgocial security Number (non-profit Project Description (Check applicable category) Real Property Acquisition _x_ Public Service Capital Equipment Acquisition Planning/Studies (Construction) Other: Rehabilitation/ Preservation Other (if checked explain below) This request is for a new -- existing program. (dm:k) Has program/project received past funding from the City of Diamond Bar? Yes If yes, please identify the source, year and amount: 1992-93 %4 _ nnn _ c:nRc;. 1993-q4 X26-000 CDB III. Goals and objectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) See Attached sheet Describe the specific purpose of the project, identifying the problems the project is intended to solve: See attached sheet. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate).,, The City of Diamond Bar. Iv. Financial Znfosuation Pleas* complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. None III. Goals and Objectives Description of Project The Diamond Bar/Walnut YMCA is a major childcare provider for the Pomona Valley and Walnut Unified School Districts. A total of 75 children are currently utilizing the services with 17% of them receiving some form of financial assistance. We anticipate this increasing to 20% in the next year. The YMCA offers varying degrees of financial assistance to those who cannot afford to pay based on verification of income and need of program. The increasing demand for financial assistance due to economic instability, escalating inflation and increased costs of running a state licensed program has put a severe strain on the YMCA. In the calendar year of 1992 over $151.000 was granted in financial assistance to Diamond Bar/Walnut YMCA childcare participants. The childcare need for low income f am= ilies is growing and becoming a critical need in our community. The CDBG funding would make it possible to meet the current needs. Purpose of Project Providing childcare for low income families helps solve several problems: 1) It all parents of children to seek and maintain employment and or training which improves their quality of life and the local economy. 2) Childcare improves the quality of life for low income children of our community by. providing them with a safe, supervised environment. The YMCA childcare program introduces partic- ipants to values education, physical fitness, and community service that they may not recieve at home. It also encourages participants to grow as a family unit by providing activities that include the entire family. In short, the YMCA childcare program provides positive role models, life enriching experiences and age apporpriate compan- ionship to those children who would otherwise be home alone. V. Progrm client Profile Diamond Bar Total A. Clients served in previous year 90 120 B. Clients below low/moderate income 21 44 C. Clients expected in new year 25 4 _ D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. Our r1iPnt4 inrlitria arhnnl ngpd chi1dran ranging in agac frnm 5 gaarc nld to 14 years old. These children come from all ethnic backgrounds and economic levels. All clients must be interviewed and meet criteria before awarded financial assistance. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the Citi of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. /I _ /*7 If Signature Title Branch Director Name Jerry White Date 12/07/94 ATTACHMENT A COIOtOi1ITY DEVELOPMENT BLOCS GRANT PROGRAK APPLICATION PROPOSED BUDGET Organization Diamond Bar/Walnut YMCA CATEGORIES ESTIMATED EXPENDITURES FROM CITY Salaries & Benef its $ 16,620 OTHER SOURCES $ 66,480 TOTAL. $ 88,100 Supplies 2,280 3,520 Rent 3,400 13,600 17,000 Communication 150 560 710 Travel Expenses Q'Q() ,;9n 4.400 Insurance 2,680 10,720 13,400 Other 9,570 38,270 47,830. anem*me*) See attached sheet. SUBTOTALS $34.000 $135,970 (A) TOTAL BUDGET $169.960.00 ESTIMATED REVENUE SOURCES !OR TRIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (specify) Federal Programs Contributions Fund Raising *See below Program/Participant Fees: Other ( specify) $135,970 (B) TOTAL ESTIMATED INCOME ( should equal A) : $ 169, 960.00 # The YMCA has several fundaraising events each year that help to offset administrative and building costs. However, the child care programs do not directly benefit from the money raised from these events. Attachment A Community Development Block Grant Program Application Proposed Budget Specifications of Other From City After School Care Food Costs Diamond Bar Site $2,500.00 Golden Springs Site 1.600.00 Total $4,100.00 License and Permits Diamond Bar Site $1,000.00 Golden Springs Site 300.00 Total $1,300.00 Training Diamond Bar Site $ 500.00 Golden Springs Site 255.00 Total $ 755.00 Administration Costs Diamond Bar Site $1,500.00 Golden Springs Site 315.00 Total $ 1,815.00 Vehicle maintinence Both Sites $1,600.00 Total $9,570.00 6 Y - CITY OF DL4MOND BAR S4 ,q0$1WTY DEVBLOPKZNT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING All requests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Community Development Act as amended. 1. Application 8ummary Name of Organization Diamond Bar/Walnut YMCA Project Name Iow=income child nroerammir#pount Requested: $ 15,000.00 Location of Project Diamond Bar/Walnut YMCA Funds would be used to: Fianancially assist low-income Day Camp Program participants. II. General Information Organization Address 22600 Sunset Crossing City Diamond Bar Telephone(909) 860-0387 Zip Code 91765 Contact Person Jerry White Title Branch Director Officials authorized to sign contract and expend funds for applicant: Name Jerry White Title Branch Director Name Pastor William HamIlton Title General Director Federal I.D. corporation): Number/Social Security Number (non-profit # 95-1641976 Project Description (Check applicable category) Real Property Acquisition Capital Equipment Acquisition Planning/studies (Construction) Other: X Public service Rehabilitation/ Preservation Other (it checked explain below) This request is for a new X existing program. (ri) Has program/project received past funding from the city of Diamond Bar? Yes If yes, please identify the source, year and amount: CDBG, 1992- 1993 11.674.00. 1993-1994 11,500.00 III. Goals and obiectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) Describe the specific purpose of the project, identifying the problems the project is intended to solve: See Attached Identify and describe the geographic boundaries of the target area (attach a map, if appropriate).,, THe City of Diamond Bar Iv. Financial Information Please. complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. None III. Goals and Objectives Description of Project The Diamond Bar/Walnut YMCA is a major childcare provider for the Pomona Valley and Walnut Unified School Districts. A total of 75 children are currently utilizing the services with 17% of them receiving some form of financial assistance. We anticipate this increasing to 20% in the next year. The YMCA offers varying degrees of financial assistance to those who cannot afford to pay based on verification of income and need of program. The increasing demand for financial assistance due to economic instability, escalating inflation and increased costs of running a state licensed program has put a severe strain on the YMCA. In the calendar year of 1992 over $15,.000 was granted in financial assistance to Diamond Bar/Walnut YMCA childcare participants. The childcare need for low income fam- _ ilies is growing and becoming a critical need in our community. The CDBG funding would make it possible to meet the current needs. Purpose of Project Providing childcare for low income families helps solve several problems: 1) It allows parents of children to seek and maintain employment and or training which improves their quality of life and the local economy. 2) Childcare improves the quality of life for low income children of our community by -providing them with a safe, supervised environment. The YMCA childcare program introduces partic- ipants to values education, physical fitness, and community service that they may not recieve at }come. It also encourages participants to grow as a family unit by providing activities that include the entire family. In short, the YMCA childcare program provides positive role models, life enriching experiences and age apporpriate compan- ionship to those children who would otherwise be home alone. V. Proaran Client Profile Diamond Bar Total A. Clients served in previous year 100 124 _ B. Clients below low/moderate income 22_ C. Clients expected in new year _ 25 30 D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. Our clients include school aged children ranging in ages from 5 years old to 14 years old. THese children come from all ethnic backgrounds and economic levels. All clients must be interviewed and meet criteria before awarded financial assistance. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature Title Branch Director 12/7/94 Name Jerry White Date ATTACXMZNT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization DiamondBar/Walnut YMCA ESTIMATED MENDITURES CATEGORIES FROM CITY OTHER SOURCES TOTAL Salaries & Benefits $10,910.00 $30,820.00 $41,850.00 Supplies 490.00 4,960.00 2,450.00 Rent 1,120.00 4,480.00 5,600.00 Communication 20.00 80.00 100.00 (ZC,0Pb—. w■•n. eft) Travel Expenses 800.00 3,200.00 4,000.00 Insurance 1,180.00 4,720.00 5,900.00 Other 1,1440.00 $'-•1, 850.00 cry vftry> SUBTOTALS $15,000.00 46,700.00 (A) TOTAL BUDGET $61,700.00 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (specify) Federal Programs Contributions Fund Raising Program/Participant Fees: Other (specify) $46,700.00 (B) TOTAL ESTIMATED INCOME (should equal A) : $61,1400.00 Attachment A Community Development Block Grant Program Application Proposed Budget Specifications of Other From City Day Camp Food Cost $ 300.00 Training 33.00 Administraion Costs 70.00 Total $ 403.00 1111'r YWCA West End o4 Drr" _ I, December 8, 1994 600 N. Park Ave. Pomona, CA 91768 (909)622-4432 Kelle Fritzal Administrative Assistant City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765 Dear Ms. Fritzal: Please find enclosed one copy for the 1995-1996 Community Development Block Grant Program. Program implementation for 1994-1995 is going very well. The Y -Teen experience is most successful when communications and coopeation with school personnel and the Y -Teen staff are clear and direct. Attendance at both Lorbeer-Northminister and South Point are very encouraging, but only as successful as we are able to procure Public Service Certifications. Here at the YWCA -West End, we wish you and your colleagues with the City of Diamond Bar a very Peaceful Holiday season. Sincerely, Kathy Rogers Executive Director senate the Cide, of.• Pomona, Diamond Bar, U Verne, San Dimas, Chino, Claremont, Upland, Montclair, Rancho Cucamonga and Ontario CITY OF DIAMOND BAR + CONRIUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FUNDING All requests for funding are subject to City Council approval. Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended. I. Application Summary Name of Organization YOUNG WOMEN'S CHRISTIAN ASSOCIATION Project Name Y -Teen Program Amount Requested: $12,447 Location of Project: Lorbeer Middle School, South Point Middle Sch000l, Chaparral Middle School Fund would be used to: Conduct weekly afterschool activities and occasional extracurricular club activities for early adolescent girls (ages 11-14) attending the middle schools throughout Diamond Bar. II. General Information Organization Address 600 North Park Avenue City Pomona Telephone 909/622-4432 Zip Code 91768 Contact Person Kathy Rogers Title Executive Director Officials authorized to sign contract and expend funds for applicant: Name Kathy Rogers Title Executive Director Name Jan Wright Title President Federal I.D. Number/Social Security Number corporation: 95-2256070 (non-profit Project Description (Check applicable category) Real Property Acquisition X Public Service Capital Equipment Acquisition Rehabilitation/ Planning/Studies Preservation (Construction) Other (if checked Other: explain below) This request is for a new X existing program. Has program/project received past funding from 'the City of Diamond Bar? yes If yes, please identify the source, year and amount: Community Development Block Grant Funds: 1992-1993 $3889; 1993-1994 $1267 ZII. Goals and Objectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) The Y -Teen Program provides middle school gi r1 s an alternative and diversionary afterscho.ol activity from "nothing to do" during the critical nonschool hours when temptations to Participate .in health -threatening and risk-taking behaviors are extremely powerful. Middle school girls participate in supervised opportunities and experiences in a nurturing environment supported by an adult role facilitator serving also as a mentor. Club activities are offered on a weekly basis with occasional extracurricular activities during the weekends. While ALL youth today are at -risk because of societal's conditions, some youth are placed at greater risk because of economic conditions (low -to moderate income families). The focus population of "middle school girls" is deliberate because the Mission of the YWCA mandates the empowerment of girls and because research abounds regarding how girls at this age are short-changed in schools as documented in the drastic drop in self-esteem during this adolescent stage of life. Describe the specific purpose of the project, identifying the problems the project is intended to solve: The ultimate goal of the Y- Teen program is transformational development (or a changed human life) of those girls participating in the program so that each girl will realize their full potential towards a life of self-sufficiency and social responsibility. Affirmation of individual worth is critical to this process of a changed individual. Personal development and societal betterment are inherent in the design of the Y- Teen curriculum. The challenges that young adolescent girls confront run the gamut of unsupervised afterschool care, boredom, loneliness and aloneness, immature and irresponsible sexual behaviors, pregnancy, substance abuse experimentation, low academic achievement, violence. The Y - Teen program offers a diversion to these damaging patterns by providing an integrated and holistic developmental program addressing the issues of the young adolescent girl. 1. The Y- Teen Program will provide afterschool club sessions of structured activities, supervised opportunities, and meaningful relationships for at -risk girls between the ages of 11-14 attending the middle schools in Diamond Bar. Participants will be recruited for attendance on a regular basis in order to meet the club expectation of 15 Participants in attendance. 2. The Y- Teen Club participants will attend weekly club sessions of educational enrichment and will be presented nonacademic and developmentally appropriate educational curriculum covering topics of self-esteem enhancement, communication skills, conflict resolution, decision making skills, refusal skills, work and careers, health education. Prevention education topics include sexual negligence, school - drop out, gang membership, suicide, mental and physical disorders, drug and substance abuse, sexual assaults, environmental destruction, and racism. 3. The Y- Teen member will connect with and contribute to the community and develop responsibility by participatinq in community service projects which may include graffiti clean-up, senior citizen outreach, community awareness outreach. 4. The Y -Teen Program will calculate "units of services" as a measurable criteria in the determination of quality management, in addition to the procurement of the "Public Service Certification" for each client. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). The City of Diamond Bar IV. Financial Information Please complete Attachment A - Proposed Budget. List other sources whom who have received funding during the past three years. Pomona CDBG, Upland CDBG, Claremont CDBG, City of Ontario, Ontario CDBG, City of Montclair, Diamond Bar CDBG, Rancho Cucamonga CDBG, City of Claremont, Mt. Baldy United Wav, San Bernadino and Los Angeles Counties Job Traininq Partnershi Act -Summer Youth Employment Program, Chaffey Joint Union High School District Carl D. Perkins Technology Act of 1990, State of California Health Department -Tobacco Control Section, Los Angeles Community Services Block Grant, San Bernadino County Public Health Department -Tobacco Control Section, YWCA membership fees, private contributions, corporations. V. Program Client Profile Y- Teen Profile A. Clients served in previous year B. Clients below low/moderate income C. Clients expected in new year Diamond Bar Total 1 197 1 187 45 400 D. Describe characteristics of client population in target area including are, sex, income level, ethnic background and other specialized characteristics. Relate how the program/ project will meet the federal requirement of benefitting lower income persons. The Y- Teen Program will address health and safety issues of teenage pregnancy, substance abuse, violence, sexually transmitted diseases to adolescent girls ages 11-14 representative of low -moderate income families (verified by Public Service Certification). Without suggesting stereotypic generalizations in targeting at -risk low -moderate income participants, a large majority to be serviced will be of African-American, Hispanic -Latina, and Asian American ethnic backgrounds. I hereby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signaturekat ' -z(/�/ 1�, C,ety Title Executive Director Name Katherine Roger Date December S. 1994 ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization YWCA of the West End ESTIMATED EXPENDITURES CATEGORIES FROM CITY OTHER SOURCES TOTAL Salaries/Benefits $11,281 $ 8,196 19,483 Supplies $ 182 $ 132 314 Rent $ 468 $ 341 809 Communications $ 87 $ 63 150 Travel Expenses $ 170 $ 124 294 Insurance $ 28 $ 21 49 Other printing,copier $ 231 $ 163 388 SUBTOTALS (A) TOTAL BUDGET $12,447 $ 9,040 P$21=.487 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar $12,447 Other Cities (specify) $ 0 County or State (specify) $ 0 Federal Programs $ 0 Contributions $ 51880 Fundraising $ 2,205 Program/Participant Fees: $ 0 Other (specify) Membership $ 955 (B) TOTAL ESTIMATED INCOME (should equal A) $21,487 CITY OF DIAMOND BAR ' COWW=TT D3V3LOPri23ff BLOCK GRANT PROGRAK APPLICATION FOR F=XNG All requests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Community Development Act as amended. I. h2glieatioa suoari Name of Organization CITY OF DIAMOND BAR Project Name SENIOR PROGRAMMING Amount Requested:$ $20,000 Location of Project 2900 BREA CANYON ROAD (HERITAGE PARK) Funds would be used to: CONDUCT SENIOR PROGRAMMING THAT WILL ENRICH THE LIVES OF LOCAL SENIORS. ACTIVITIES WOULD INCLUDE INFORMATION REFERRALS, MONTHLY SPECIAL EVENTS, AND CLASSES. BECOMES A NUTRITIONAL PROGRAM WILL AVAILABLE. I1. General I organization Address 21660 E. COPLEY DR., 100 City DIAMOND BAR Telephone (909) 396-5694 Zip Code 91765 BOB ROSE Title COMMUNITY SERVICES Contact Person DIRECTOR Officials authorized to sign contract and expend funds for applicant: Name - Title MAYOR Name TERRENCE L. BELANGER Title CITY MANAGER Federal I.D.N�tAumber/Social Security Number (non-profit corporation): Project Description (Chock applicable category) Real Property Acquisition XX Public Service Capital Equipment Acquisition _ Rehabilitation/ Preservation Planning/Studies _ Other (ii checked (Construction) explain below) Other: This request is for a __ new XXHas _ existing program. (� Diamox Bar? pr received past funding from the City of If yes, please identity the source, year and amount: CD-B 1 -1993/94 - $11,600 1994/95 $ 30,000 III. Q9als ane obinetieat Provide a detailed description of the proposed by describing precisely what is to be accompliashhodw/ith3the requested funds. (Attach additional sheets, if necessary) PROVIDE DAILY SENIOR DROP-IN PROGRAM FOR UP TO 129 SENIORS PER WEEK. DEVELOP AND CONDUCT A VARIETY OF RECREATION CLASSES AND PROGRAMS FOR SENIORS ON A PAY -FOR -SERVICE BASIS, WHICH MEETS THE DIVERSE NEEDS OF THE SENIORS IN DIAMOND BAR. DEVELOP AND CONDUCT REFERRAL SERVICE BAS **SEE NOTE BELOW REQUEST OF SENIORS IN DIAMOND Describe the specific purpose of the BAR. problems the project is intended to solveie identifying the MEET THE SPECIAL RECREATIONAL AND HUMAN SERVICE NEEDS OF A DIVERSE GROUP OF SENIORS WITH A VARIETY NEEDS AND DIVERSE CULTURAI BACKGROUNDS. THE MARKETING AND DEVELOPMENT OF A CONSISTENT CLIENTELE BASE WILL BE SPECIFIC CHALLENGES. Identify and describe the geographic boundaries Of the target area (attach a map, if appropriate). THE PRIMARY AREA OF SERVICE WILL BE THE'CITY OF DIAMOND BAR. HOWEVER, THE MAKE-UP OF CURRENT SENIOR PROGRAMS IN THE CITY INDICAT,E THERE WILL_BE SOME SERVICE PROVIDED TO RESIDENTS OF ADJACENT COMMUNITIES. Please complete Attachment A - Proposed Budqet. List other sources whomve received funding durinq the past three years. ONLY C.D.M.B.G- 1993/94 - $11,600 C.D.B.G. - 1994/95 - $30,000 ** A nutritional program will be considered if other funding becomes available. V. t Prolii. A. Clients served in previous year Diamond'Bar Total B. Clients below low/moderate income 132 per week C. Clients expected in new2 pe k year 132 per week D. Describe characteristics of client population in target area including age, sex, income level, ethnic specialized characteristics. background and other or Relate how the meet the federal requirement of benefittinq lowerincomepe sons• SENIORS 62 AND OVER, VARIETY OF ETHNIC BACKGROUNDS (I.E. 10% ASIAN/AMERICAN, 80% CAUCASIAN, 10% OTHER; PERCENTAGE OF FEMALES SERVED IS HIGHER THAN MALES. (86% FEMALE, 14% MALE) I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. we understand that the formal agreement will define othe reportinq provisionsthe assurancs. anfederallyh required e Signature —� COMMUNITY SERVICES Title pTggcTOR Name RnR RnI Date 12/02/94 ATTACMUINT A COMMUNITY DMLOPKEET BLOCK GRANT PROGRAK APPLICATION PROPOBED BUDGET Organization rify of Diamond Bar EBTXXKTED EZPEKDITURES CATEGORIES FROK CITY OTHER SOURCES TOTAL Salaries & Benefits $19,000 $19,000 Supplies _ 11000 1,000 Rent Communication Mupb w vim+. m) Travel Expenses Insurance Other (PWM qw*) SUBTOTALS $20.000 (A) TOTAL BUDGET ESTIMATED REVZVU SOURCES FM TRIS PROGRAM/PROJECT City of Diamond Bar $20,000 Other Cities (specify) County or State (specify) Federal Programs Contributions Fund Raising Program/Participant Fees: Other (specify) $20.000 (B) TOTAL ESTIMATED INCOME (should equal A): $20,000 CITY OF DIAMOND'BAR _ y COKK=ITY DXsLOpKaNT B APPLICATION pOLOlA D pAOGA711[ r UyDING All requests for funding are subject to City Council a Funding is contingent upon the projects eligibility under theol974 Housing and Community Development Act as amended. I. lloolicat+on s �•••��-►X Name of Organization _ Di amon(9 A^ r S) ; ; ; -- C1 »h Project Name Senior Insurance Amount Requested:$ 500.00 Location of Project Heritage Park Community Center Funds would be used to: -Pay,insurance so Seniors can meet II . General Inper� Organization Address 2900 Brea Canyon Road City Diamond Bar Telephone (909) 396-5699 Zip Code 91765 Contact Person Pete Lopez Title President Officials authorized to sign contract and expend funds for applicant: Name Mildred Bez Title Treasurer Name Bonnie COleson Title Secretary Federal I.D. Number/Social Security Number corporation): (non-profit Project Description (Check applicable category) _._ Real Property Acquisition Public service Capital Equipment Acquisition Rehabilitation/ Planning/Studies Preservation (Construction) Other (if checked Other: explain below) This request is for a new existing program. (dam Has program/project received past funding from the City of Diamond Bar? If yes, please identify the source, year and amount: III. Goals and objective■ Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) Describe the specific purpose of the project, identifying the problems the project is intended to solve: Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). IV. linanaial InformLU Please: complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. V. Froom Client Profile A. Clients served in previous year Diamond Bar Total B. Clients below low/moderate income C. Clients expected in new year D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We*understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature Title Name Date ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET organization ESTIMATED EXPENDITURES CATEGORIES FROM CITY OTHER SOURCES TOTAL Salaries & Benefits Supplies Rent Communication (kiwea 9, Pw"*. M) Travel Expenses Insurance Other SUBTOTALB - (A) TOTAL. BUDGET ESTIMATED REVENUE SOURCES FOR TRIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (specify) Federal Programs Contributions Fund Raising Program/Participant Fees: Other (specify) (B) TOTAL ESTIMATED INCOME (should equal A): nn CITY OF DIAMOND BAR f LIC . COXWNITY DWUOPK=T SLOCR =a" pROGRAN APPLICATION FOR rUMINa All requests for funding are subject . Funding is contingent upon the projects to City Council approval eligibility under the approval, Housing and Community Development Act as amended.1974 I • Aoolication s +��i•.. Name of Organization r;ty of n;amond gar Project Name Cnnir,r gm Amount R equested:$ ?_5Prepar00.00 Location of Proje edness ct IIs"'' tag" -2m rlr !`rmm»ni Funds would be used to: program is designed to educate and train senior citizens about earthcmakes and how they can take a few sim II. le precautions to increase their chances of riding out an ear qua a sa a y. LU Organization Address 21660 E. Copley Dr ,#100 y Cit Diamond Bar Telephone_(9091396-5689 Zip Code 91765 Contact Person T Title Assistant to the City Officials authorized to sign contract aManager applicant: daend funds for Name Gary A_ Warner Title Mayor (Interim] Name 'r-rr neo L Re la Title City Manager Federal I.D. Number/Social Security Number (non-profit corporation): Project Description (Check applicable category) Real Property Acquisition X_ Public Service Capital Equipment Acquisition Rehabilitation/ Planninq/Studies Preservation (construction) --X Other (if checked Other: _ explain below) This request is for a new _x existing program. (dodo Has program/project received past funding from the City of Diamond Bar? Yes If yes, please identify the source, year and amount: CDBG 1994-95 Program $2,000.00 III. Goals and objectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) Aninr ritimens are considered an at -risk group in a disaster, ecnca�1134 when the Parth shakes The Senior Emergency Preparednes reduce the risks to seniors by pro- viding rrantinal training and workshoRs on a variety of personal safety and preparedness topics. Describe the specific purpose of the project, identifying the problems the project is intended to solve: M0 im-. :Q tb _ri+nnroc r.f cn ri va7 mi throat CPrI n71S ; n�i Xx through Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). The Senior Emergency Preparedness Program will target senior citizens residing throughout the City. IV. liaaacial Information Please complete Attachment A - Proposed Budget. q p List Other sources ofoDiacmond have gram 1ng 993 19�F $8,0.00.00 three years. y 1994-95 $2,000.00 ATTACXKMIT A COJOW IITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BODGST Organization City of n;amnnd gar ESTIMATED E=PZMITVRES CATEGORI$Q� CZTy OTHER? SOL��`�c TOTAL Salaries & Benefits Supplies ;1,000.00 $1,000.00 $2,000.00 Rent Communication TerlExpenses -- Insurance Other Consultant (Training) ^�snn nn cries..e 1,500.00 SUBTOTALS $1,000.00 $2,500.00 (A) TOTAL BODGIT $3,500.00 ESTIMATED RBv== SOURCZX ?OR TRIS PROMMIPROJECT City of Diamond Bar Public Safety/Emerg' Prep.$1,000.00 Other Cities (specify) County or State (specify) Federal Programs CDBG $2,500.00 Contributions Fund Raising Program/Participant Fees: other (specify) (B) TOTAL ESTIMATED INCOKZ (should equal A): $3,500.00 V. provraM Client profile A. Clients served in previous Diamond Bar Total p year 123 123 B. Clients below low/moderate income C. Clients expected in new year 150 150 D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. Thin nrnaram x,.11 target senior citizens, age 62 and over, from 1— }, awas and a vari Pty of ethnic backgrounds The intended ucate senior citizens about earthquakes and how to be better prepared. This group has been identified as a high-risk group. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the city of Diamond Bar. we understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature Title Accistant to City Manager Name Trov Butzlaff Dat! 12/09/94 PROJECT SISTER SEXUAL ASSAULT CRISIS SERVICES P.O. BOX 621 11, 199.x+ CLAREMONT, CA 91711 PHONE. 909) 623-1619 CM OF DIAMOND BAR HUMAN SERVICES DEPAKFMIsNT A'ITF.? TMON. KELLY PROJECT SMF.R SEXUAL ASSAULT CRISIS SERVICES MARY N. RIC I -MY, EXECUTIVE DMECTOR AMENDED PROPOSAL FOR CD2Q M&8= _ 1995 46 accept an amendment to our application for CDBG funding from the City of nd Par. We ask that we be considered for funding for prevention education s for senior citizens at Ileritage Park and at the Community Center. services would cost an average of $46.00 per hour and will rerluuv a um of 22 hours for a total grant of $1,012. budget breakdown of these costs is: Salaries do Benefits $482 Supplies 415 Administrative fee 91 1clerical / accounting) Travel hxPgnses ;A Total $1,012 Proposal is amended because we have found that the ODBC funds cannot be ly used far prevention education to intermediate and high school students in Lord Bar because of the income level of the parents of the students in the )l district. CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. APPLICATION FOR FUNDING All requests for funding are subject to City Council app'rovai. '- Funding is contingent upon the projects elig Housing and Community ibility under the 1914 Development Act as amended. 2. A -a Name of Organization Project Sister Sexual Assault Crisis Sexual Assault & Prevention Svcs Project Name Prevention Program Amount Requested: $ 2,721 Location of Project Diamond Bar Funds would be used to: Provide sexual assaul1-prevention educati o to a minimum of 1 500 teens and 80 tn on II. General IIIIOrf��inw Organization Address P.O. Box 621 City Claremont Telephone (909)623-1619 Zip Code 91711 Contact Person M ry N. Richey Title Executive Director Officials authorized to sign contract applicant: and expend funds for Name Mary N. Richey Title Executive Director Name Title Federal I.D. Number/Social Security corporation) : 23-711-6161 Number (non-profit Project Description (Check applicable category) Real Property Acquisition X Public Service Capital Equipment Acquisition Rehabilitation/ Planning/Studies Preservation (Construction) Other (if checked Other: explain below) This request is for a new x existing program. (check) Has program/project received past funding from the City of Diamond Bar? No If yes, please identify the source, year and amount: III. Goals and Objective■ Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) See attachment B Describe the specific purpose of the project, identifying the problems the project is intended to solve: See attachment C Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). City of Diamond Bar IV. Financial -information Pleas* complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. Office of Criminal Justice Planning United Way Mt Bald Cities of Chino, Pomona, Upland Claremont West Covina Montclair La Verne and The Los Angeles Women's Foundation V. Program client Profile Diamond Bar Total A. Clients served in previous year 360 14,o0C B. Clients below low/moderate income 160— ,=7 C. Clients expected in new year 1,590 17=5 D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. AGE: Teens- s l�-18 I Senior C1tj7.pnc ales 50+ INCOME: Poverty to upper income ETHNICITIES: Latino, African American, Asian, White, Native American I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. we understand that the formal agreement with the City will define other reportingg�ovisions and federally required assurances. /I./ Z ) A Signature Title Executive Director Name Mary N. Richey Date 12/7/94 ATTACHMENT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization Protect Sister ESTIMATED EXPENDITURES CATEGORIES FROM CITY OTHER SOURCES TOTAL Salaries & Benefits 902 160,402 161,304 Supplies 1,545 13.545 - 15.000 Rent 0 14,800 14,800 Communication 0 10,000 10,000 Travel Expenses 36 3,364 3,400 Insurance 0 5,000 5,000 Other Admin. Fee 238 34,732 732 Clerical/Postage V-4)Accounting _ _ 32,339 SUBTOTALS $2_721 241,843 (A) TOTAL BUDGET 241,843 ESTIMATED REVENUE SOURCES FOR TRIS PROGRAM/PROJECT City of Diamond Bar 2,721 Chino,Claremont,Montclair Other Cities (specify)Pcmona,W.Covina, Upland 31,000 Office of Criminal County or State (specify) Justice Planning 91,000 Federal Programs 0 Contributions 33,500 Fund Raising 31,210 Program/Participant Fees: 4.4o0 Other (specify) _ United Way 1 48,012 (B) TOTAL ESTIMATED INCOME (should equal A) : 241,843 ATTACHMENT B GOALS AND OBJECTIVES OF PROGRAM Goal: To reduce the incidence of sexual assault to youths and seniors of Diamond Bar. Objectives: 1. To reach aminimum of 1,500 of the Intermediate and High School students in Diamond Bar with sexual assault prevention education through use of lecture, films, posters, brochures and other teaching tools. The result expected is that every student will have the opportunity to erase the erroneous myths and misinformation they have which condones and perpetuates sexual assault. Male and female teens will have a better opportunity to learn how to set limits and boundaries and how to keep dating partners, family and extended family or any other person from sexually exploiting or violating them. Separate training will be offered for teachers and student peer counselors. 2. To work at the Community Center with Lilian Orjela to provide information and tools to senior citizens for self protection of themselves as well as their property. The education will include recognition of potential danger, options for protection and how to get help in emergencies. Inexpensive hardware and a routine for household safety will be demonstrated, taught and made available to each of the 80 to 90 seniors participating in Diamond Bar's senior services. Over 65 hours of prevention instruction 4,770 pieces of teaching literature, and sets of posters to raise awareness about sexual assault and dating violence are the framework for this critically needed training. ATTACHMENT C Project Description The mission of Project Sister Sexual Assault Crisis Services is to reduce the trauma and incidence of sexual assault through the provision of victim advocacy, community education, and 24-hour crisis assistance for child and adult victims of sexual assault and their significant others. Prevention of sexual assault is elementary to addressing the phenomenally high risk of sexual assault to men, women and children of every age. Reports of sexual assault in the teenage population and the demand for services for this age group continue to rise. Project Sister receives over 200 requests per year from teachers, school counselors, parents, and teens themselves for information about the prevention of sexual assault. Forty per cent of our hotline calls are from or on behalf of teenagers seeking assistance to deal with sexual assault, date rape, incest and sexual harassment and referrals for assistance. Sexual assault against senior citizens is reported by the Office of Criminal Justice Planning to be the fastest rising crime against our aging population. Practical safety and prevention efforts as well as useful household safety are taught along with awareness of and resistance to sexual assault. For these vulnerable populations, we provide professional education and training for resisting sexual assault and date/ acquaintance rape, and maintaining personal safety. r; CITY OF DIAMOND BAR �C:C- COMMUNITY DEVBLOPXZNT BLOCK GRANT PROGRAM APPLICATION FOR FUNDING All requests for funding are subject to City Council approval. Funding is contingent upon the projects eligibility under the 1974 Housing and Community Development Act as amended. 1. Anolication Su�ary Name of Organization City of Diamond Bar ADA retro -Fit -- Project Name City Parks Amount Requested:$ 150,000 Peterson Park -24142 Sylvan Glen/ Syc.Cyn.Park Location of Project uPr;+agP Park-2gnQ2.Rraa C'_anvnn Rd /Golden Sprin Maple Hill Park -1309 S. Maple Hill Rd./ Starshine Pk -20838 Drive Funds would be used to:iLle 2293 Retro -fit the existing parKs to malce tnem o e handicapped. This includes playground equipment and surfacing, rinxing rountains, signage, walkways, door nardware and res rooms. Ii. General Information Organization Address 21660 E. Copley Dr.,10OCity Diamond Bar Telephone 909)396-5694 Zip Code 91765 Contact Person Bob Rose Title Community Services Director Officials authorized to sign contract and expend funds for applicant: Name Gary Werner Title Mayor Name Terrence L. Belanger Title City Manager Federal I.D. Number/Social Security Number (non-profit corporation): N/A Project Description (Check applicable category) Real Property Acquisition Public Service xx Capital Equipment Acquisition Rehabilitation] Preservation Planning/Studies Other (if checked (Construction) explain below) Other: This request is for a new xx existing program. (Chelk4 Has program/project received past funding from the City of Diamond Bar? Yes If yes, please identify the source, year and amount: CDBG 1993/94 $84,597 CDBG 1994/95 $109,000 III. Goals and obieatives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) Retro -fit the existing parks to make them accessible to the handicapped. This includes playground equipment, surfacing, drinking fountains, signage, walkways.,door hardware and rest rooms. Describe the specific purpose of the project, identifying the problems the project is intended to solve:. Currently, the playground equipment, surfacing and park ammenities are not accessible to the handicapped as required by the Americans With Disabilities Act. This grant will provide for this federally mandated need. Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). Primarily the City of Diamond Bar. Iv. tinanaial Information Please complete Attachment A - Proposed Budget. List other sources whom you have received funding durinq the past three years. None -Only CDBG 1993/94 $84,597 & 1994/95 $109,000. V. Procras Client profile Diaipond Bar Total A. Clients served in previous year unknown B. Clients below low/moderate income unknown— C. Clients expected in new year un n D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. People of all ages, ethnic backgrounds and gender (i.e. 20% Asian/American, 60% Caucasion, 20% other). Z hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define oth reporting provisions and federally required assurances. signature �-� Title Name Bob Rose, Community Services Date 12/9/94 Director ATTACE UINT A COJOWNITY DEVELOPMENT BLOCS GRANT PROGRAM APPLICATION PROPOSED BUDGET Organization City of Diamond Bar ESTIMATED EXPENDITURES CATEGORIES FROM CITY OTHER SOURC a TOTAL Salaries & Benefits Supplies $150,000 $150,000 Rent Communication aeETrlxpenses Insurance Other SUBTOTALS (A) TOTAL BUDGET $150,000 ESTIMATED REVENUE SOURCES POR TRIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (specify) Federal Programs contributions Fund Raising Program/Participant Fees: Other (specify) 11 $150,000 (B) TOTAL ESTIMATED INCOME (should equal A): $150,000 r L . A CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCXCc r T pROGRi!A3 APPLICATION FOR FUNDING All requests for funding are subject . Funding is contingent upon the projects to City Council approval eligibility under the val. Housing and Community Development Act as amended.1974 I• Acolication summarx Name of Organization CITY OF DIAMOND BAR Project Name SIDEWALK INSTALLATION Amount Re 440,000 Requested: Location or Project DIAMOND BAR BOULEVARD AND LYCOMING STREET Funds would be used to: INSTALL SIDEWALKS IN EXISTING DIRT PARKWAYS Ii. General Information Organization Address 21660 E. COPLEY DRIVE 1100 City DIAMOND BAR Telephone (909) 396-5671 Zip Code 91765 Contact Person David Liu Title Senior Engineer Officials authorized to sign contract and expend funds f:: - applicant: Name Terrence L. Belanger Title City Manager Name Title Federal 1. D. Number/Social Security Number (non -pro,,,. - corporation): Project Description (Check applicable category) Real Property Acquisition Capital Equipment Acquisition Planning/Studies (Construction) Other : NEW INSTALLATION Public Service Rehabilitation/ Preservation X Other (if checked explain below) This request is for a g new existing program. (d"a� Has program/pro)ect received past funding from the City of Diamond Bar? NO g If yes, please identify the source, year and amount: III. GORIS and Objectives Provide a detailed description of the proposed program/project by describing precisely what is to be accomplished with the requested funds. (Attach additional sheets, if necessary) FMFnS TO RF TISM Tn INSTALL a IN E%ISTING DIRT PARKWAY AREAS ON DIAMOND BAR'S MAIN BOULEVARD AND ON LYCOMING STREET OPPOSITE WALNUT ELEMENTARY SCHOOL Describe the specific purpose of the project, identifying the problems the project is intended to solve: THE SPECIFIC PURPOSE OF THE PROJECT IS TO PROVIDE SAFE ACCESS FOR PEDESTRIANS, WHEELCHAIR BOUND INDIVIDUALS AND SCHOOL CHILDREN Identify and describe the geographic boundaries of the target area (attach a map, if appropriate). NORTHBOUND DIAMOND BAR BLVD.:- HIGHLAND VALLEY TO TEMPLE SOUTHBOUND DIAMOND BAR BLig- - ; uNTAIN SPRINGS; COLD SPRINGS TO CROOKED CREEK; SYCAMORE CANYON PARK FRONTAGE. LYCOMING STREET:- SITE W IV. Please complete Attachment A - Proposed Budget. List other sources whom you have received funding during the past three years. V. ProQraa Client Profile A. Clients served in previous year Diamond Bar Total B. Clients below low/moderate income C. Clients expected in new year D. Describe characteristics of client population in target area including age, sex, income level, ethnic background and other specialized characteristics. Relate how the program/project will meet the federal requirement of benefitting lower income persons. I hearby certify that if funds are granted to our organization they will be used to benefit lower income residents of the City of Diamond Bar. We understand that the formal agreement with the City will defnc ine other reporting provisions and federally required Signature. Title Senior Engineer Name David G. Liu Date /1 /�/j'� 1 ATTACHMENT A COSOMITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION PROPOSED BUDGET organization ESTIMATED EXPENDITURES CATEGORIES FROM CITY OTHER SOURCES TOTAL Salaries & Benefits $40,000 $40,000 Supplies Rent _ Communication (Wkpbcm. v—+t.. M) Travel Expenses Insurance coamf... 2�$400,000 E0'bfj$4000 00 V-4> T�E� SUBTOTALS (A) TOTAL BUDGET $440,000 ESTIMATED REVENUE SOURCES FOR THIS PROGRAM/PROJECT City of Diamond Bar Other Cities (specify) County or State (specify) Federal Programs CDBG $440,000 Contributions Fund Raising Program/Participant Fees: Other (specify) (B) TOTAL ESTIMATED INCOME (should equal A): $440,000 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. /_( TO: Honorable Mayor and City Council MEETING DATE: January 17, 1995 REPORT DATE: January 13, 1995 FROM: Terrence L. Belanger, City Manager ISSUE: Shall the City of Diamond Bar enter into the Joint Powers Agreement to become a member of the Wildlife Corridor Conservation Authority? DISCUSSION: At its meeting of January 3, 1995, the Diamond Bar City Council directed staff to accomplish several tasks preparatory to membership in the Wildlife Corridor Conservation Authority. City staff has performed the following: • Directed a letter of intent to join the Authority with contingency • Indicated that Council Member Gary G. Miller has been designated as the delegate to the Authority • Requested all documents that have been previously distributed to members of the Authority • Requested the most recent copy of the Joint Powers Agreement, dated December 19, 1994 • Deadline for sumbittal of nominations for public members and advisory committee members be extended • Adopted an urgency ordinance, No. 1(1995), on January 3, 1995 The next meeting of the Authority will be on Wednesday, January 18, at 7:00 p.m., at the City of Whittier City Hall. A copy of the agenda and backup materials have been requested; upon receipt, copies will be provided to the City Council. RECOMMENDATION: 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. --------------------------------------------------------------------------------------------------------------------------- SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A _ Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belan City Manager 16:14 FROM TO 19098613117 P.01 DRAFT Post -ft` Fax We 7671J Z ► To \ From CIJDwLc Ph" Pllcrl. r _ Ism Felt • Fol t 4#56- 144Z WILDLIFE CORRIDOR CONSERVA JOINT EXERCISE OF POWERS AGREEMENT (Reflecting amendments as of December 19, 1994) PREAMBLE Whereas, There exists a wildlife corridor comprised of undeveloped wildlife habitat and open space between the Whittier -Puente Hills and the Cleveland National Forest in the Santa Ana Mountains; and Mereas, This wildlife oorridor serves wildlife migration and also functions as an essential environmental, scientific, educational, and recreational resource which should be held in trust for present and future generations; and Whereas, That as the last major natural open space resource connecting Los Angeles, Orange, San Bernardino, and Riverside Counties, it provides essential relief from the urban environment; and that it exists as a single ecosystem in which changes that affect one part may also affect all other parts; and Whereas, That the preservation and protection of this resource is in the public interest; now Therefore, Pursuant to the Joint Exercise of Powers Act (Government Code § 65M et seq.) the following public entities of the State of California executing this agreement agree as follows: 1. PURPOSE 1.0. The purpose of this agreement is to provide for the proper planning, conservation, environmental protection and maintenance of the habitat and wildlife corridor between the Whittier -Puente Hills and the Cleveland National Forest in the Santa Ana Mountains, 1.1. Asa krther necessary and integral purpose of this agreement, the acquisition and protection of lands for conservation, natural open space, and recreational purposes is contemplated where such acquisitions can be accomplished within the prudent fiscal policies of each of the member jurisdictions. 'I'll ll. i ' - • i • • Il. • c / = ' .l A 7L'_li• • = 11• I �l1 • • 11. I • l•1,/.•�-�• X1.-1 li •: '[V 11: ( ✓ •i •i9 IFL-i .•: I I l. itII1 I 1 IIl/ 1.• '1.. l•1 •1 tl Il`�t •1•.li; 'tl 1 •.•I'.i i• .11!11 1 Sli l\ .1 • - t •, Ilr ,lli1 'al I.•l� •l M ..l't.� t. � II 't.- 711 �/l.':1 'lr '.l•.•.v(1 '.lS'::..:.• 1• •.= 7•,1.•.-:lll�a• •�•S. S-i� •1 '1.- H1-"..2-1995 16:16 FROM TO 19098613117 P.02 -2- 2. COMMON POWERS 2.0. The parties hereto agree to exercise their common thereof for the purposes of implementing this a p°� to the maximum extent the powers speciSed in Gov agreement, including, but not limited to, all Government Code §6508. . 2.1. Such. powers are subject to the restrictions Powers as imposed upon the City of Whiffler, as upon the manner of exercising the Government Code § 6509. provided in, and for the purposes of, 3. JURISDICTION 3.0. For purposes of this agMeme% the "wildlife corridor study'� the Whittier -Puente Hills, including the Chino Hills to thaarea shall extend from Mountains, not owned by the Cleveland National Forest porton of the Santa Ana bly capable of sustaining or connecting habitat for large mammal are MUMN endangered species. f�ii'.4r threatened or ,L The ultimate delineation of the boundaries of the "wildlife corridor" shall be basedM JUROOLINAL6922RI&Lscientifically established criteria -[reflecting! Leh. $tate-of the -art knowledge of tfie nstur+e_ en��,r, and 291KILof wildlife habitat linkages. 11-.1 FX -3 ,l! �� ', li •1 'i.- 'lv 1.=a L'••�! •i '1.= •/ 1• l' •1 11: • .t liUa'. �1 . •1 1 • !! LY 1 ��l- Uv SUIa•;� a' •:li If` 1 •tI.,G• '1. . .• - .Itt IC,11 •�•. •�•w I •:il .11'1 ! � - • • 1';• Ill:• •a•a !I:•..'1::AN• l•;. •i _.l!i• 1 i•111,. Il• ; 4. SEPARATE ENTITY 4.0. The "Wildlife Corridor Conservation Authority, (hereinafterAuthori established as a separate public entity within the meanie) is hereby Joint Exercise of Powers Act (Government Code etseq.)a nd for the purposes of, the § ups execution of this JAN -12-1995 16:17 FROM TO 1909%13117 P.03 -3- document by at least two public entities whose jurisdiction fails within the "Wildlife Corridor." 5. GOVERNING BOARD 5.0. The Authority shall be governed by. 'board constituted within the meaning of Government Code § 6506. pursuant to the agreement" 5.1. The Governing Board of the Authority is hereby established as follows: (a) The city Council of each of the participating entities to this agreement shall each appoint one of their number and an alternate to some on the Governing Board at the pleasure of such appointing power. (b) The members of the Governing Board appointed by the participating entities shall elect two (2) Public members and two (2) alternates who shall serve for a term of two (2) years. The public members shall be residents of the area within the wildlife Corridor who are well qualified by their education, background or experience to carry out the purposes of this agreement. (c) The Superintendent of {ehinotii}}s-gtate-party LO L% s� or his designee. (d) A member appointed by the Santa Monica Mountains Conservancy. (e) A member of the Department of Fish and Game, appointed by the Director, shall serve ex offlob. 6. ADVISORY COMMITTEE 6.0. The Governing Board shall appoint an Advisory Committee to assist it in its deliberations. Such committee shall be comprised of individuals who are broadly representative of the oanmunity and the diverse interests that have a stake in planning for the wildlife corridor. 7. MEETINGS 7.0. All meetings of the Governing Board shall be called, held, and conducted in accordance with the provisions of the Ralph M. Brown Act and with such further rules of the Governing Board as are not inconsistent therewith. 7.1. The Authority shall keep, or cause to be kept, the minutes of the Governing Board's meetings, and shall as soon as possible after each meeting, forward a copy of the minutes iRN-12-1995 16:18 FROM TO 1909860117 P.04 -4- to each member of the Governing Board and to the governing body of each of the participating entities to this agreement 8. QUORUM AND PROCEDURE 8.0. A majority of the Governing Board shall constitute a quorum for the transaction of business. The affirmative vote of a majority of those members present and voting shall constitute an action of the Governing Board. Where applicable, Robefrs Rules of Order, Newly Revised, shall govern the procedures of the Governing Board, except when inconsistent with the Ralph M. Brown Act. 9. COMPENSATION 9.0. Members of the Governing Board shall serve without compensation except that a reasonable allowance or reimbursement for attendance at meetings of the Governing Board, as determined by the Governing Board, may be paid an amount not to exceed $50 to the extent compatible with Government Code §1126, Public Contract Code §§ 10410 and 10411, and any other statute. 10. ADMINISTRATION 10.0. The Authority shall be administered by an Executive Officer who shall perform the functions stated in Government Code § 6505.1. 10.1. The Executive Director of the Santa Monica Mountains Conservancy shall serve ex officio, without additional compensation, as Executive officer of the Authority. 10.2. The Treasurer of the City of Whittier shall be the du treasurer and controller of the Authority; such duly appointed and acting Officer of the Authoritywho shall person is hereby designed as the Financial perform the functions stated in Government Code § 6505.5. The Authority shall reimburse the city for costs incurred subject to prior approval of the Governing Board. pursuant to this section, 10.3 The Authority may select counsel from its member agencies, or it may retain independent counsel. 10.4. To implement this Agreement, the parties hereto may loan employees to the Authority. To achieve the purposes of this agreement,Authoritytmay, from time to time, establish positions and fix the salaries of employees Authority. The Executive Officer of the Amy shell appoint such other err>ployees for positions established by the Board and shall be responsible for the supervision thereof. RN -12-1995 16:19 FROM TO 19098613117 P.05 • -Jr- 11. FISCAL CONTROLS 11.0. The fiscal year of the Authority shall be the fiscal year of the City of Whittier, July 1 to June 30, or as established from time to time by the City of Whittier. 11.1. To the extent funds are legally available therefore, the Conservancy and the Cities are hereby authorized to make payments and contributions of public funds, as provided in Section 6504 of the Government Code. 11.2. The Authority shall be strictly accountable for all funds, receipts, and disbursements. The Authority shall prepare an annual which budget budget, in a form approved by the Conservancy and the City of Whittier, approval by fi�vo-thirtis of the members , � shall be submitted to the board for Pmt- Public funds may not be disbursed. by the Authority without approval of the adopted budget of the Authority, and all receipts and disbursements shall be in strict conformance with the adopted and approved budget. 11.3. The treasurer of the City of Whittier shall act as the treasurer of the Authority and shall be the depository and have custody of all money of the Authority from whatever source. The treasurer so designated shall: (a) Receive all money of the Authority and place it in the treasury of the City of Whittier, or other appropriate account, to the credit of the Authority. (b) Be responsible on his official bond for the safekeeping and disbursement of all Authority money so held by him or her. (c) Pay, when due, out of money of the Authority so held, all sums due on outstanding obligations of the Authority. Said sums shall be paid only by w twarrrantA sf� is of �Cer performing the functions of auditor or controller (d) Verify and report in writing on a quarterly basis to the Authority and to the Parties to this agreement, the amount of receipts sines the last report and the amount paid out since the last report. 11.4. The treasurer of the City of Whittier shall perform the functions of auditor or controller of the Authority. The treamser shall either make or contract with a certified public accountant to make, annual audit of the accounts and records of the Authority. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code, and shall conform to generally accepted auditing standards. Where an audit of an account and records is made by a certified public accountant; a report thereof shall be filed as a public record with each of the parties to this agreement. Such report shall be filed within six JAN -12-1995 16'-'AGE20 FROM TO 19098613117 P.06 months of the end of the fiscal year under examination. Any costs of the audit, including contracts with or employment of a certified public accountant, shall be borne by the Authority and charged against any unencumbered funds of the Authority. 11.5. The Authority shall have the power to invest any money in the treasury of the Authority that is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 5360.1 of the Government Code. 12. BONDS 12.0. Each member of the Governing Board, the executive officer, and treasurer shall fife an of ial bond with the Authority. When deemed appropriate by Authority, ll Au the Au master bond may be utilized as referred to in Government Code the a and the bond shall also comply with the requirements of Title 1, Division 4, Chapter 3 of the Government Code, with those sections being deemed applicable to the Authority to the extent the Conservancy deems appropriate The bond shaft be in the amount of not less than $50,000. The premium shall be paid by the Authority. 13. LIABILITY 13.0. The tort liability of the Authority and of all members of the Governing Board, and the exec AW officer and employees of the Authority, shall be controlled b the of Division 3.6 of the GovernmeCode. The Y provisions Code relating to indemnification of Pic provisions of Division 3.8 of the Government Of any act or omission occurring in the ype of their employment shall apply to ees mid the defense of actions arising all members of the Governing Board, officers, and employees with respect to the Authority. 13.1 Pursuant to Section 6508.1 of the Government Code, the parties agree that the Conservancy shalt assume all liabilities arising out of or with respect to: (a) Any and all actions taken by Authority personnel acting on Conservancy property Pursuant to a reciprocal management agreement between the Conservancy and the A uthority: and (b) Any and all property owned by the Authority which is to a reciprocal management agreement between the Conservancy and the Authority. 13.2 In addition the Authority may insure itself and the parties, and the officers and employees of the MUM in a manner, form and amount appropriate and acceptable to the City of Whittier and the Conservancy. Ham- 2-1995 16:21 FROM TO 19098613117 P.07 -7- 14. DISPOSITION OF PROPERTY AND FUNDS 14.0. Upon termination of this Agreement, the Authority forth shall wind up its affairs, including discharging all of its outstanding 19981 obligations. Personal remaining in the Authority shall be returned to the party from which the funds fundspertand funds or personal Property were 0btained, except as mutually 89r9ed by the parties. All real property owned y the Authority shall be conveyed as the Authority shall determine, and if no determination is made, then such Property shall be offered to the State Park System. 15. WITHDRAWAL OF PARTIES 16. NON -LIABILITY OF PARTIES 16.0. Except as provided in Section '[1-'q -U of this the Governing Board shall have the power or authorityAgreement, o the Authority nor agreement, or any of them to an debt liability, cont Parties o this Y � rty, ract, or obligation, or #o employ any person on behalf of the parties, or any Of them; no debt, liability, oonbW, obligation, employee, or agent of the parties or any of them. 16.1. No action or omission of the parties or any of them shall be attributable to any other parties to this agreement except as expressly provided h Section Agreement. IM M of this 16.2. The Authority may maintain such public liability and other insurance as in its discretion is deemed appropriate and to the extent the cost of premiums thereof are Provided for in the approved budget of the Authority. 17. CONTRIBUTION OF CONSERVANCY 17.0. Exclusive of grants which the Conservancy may award to the Authority or the City of Whittier from time to time, the Conservancy contribution to the Authority shall be fess than $25,000 in any fiscal year. Contribution is here defined to include monetary 16:22 FROM . TO 19098613117 P.08 contributions, if any, and the reasonable value of the services of any employees of the Conservancy loaned by it to the Authority, if any. This section shall not affect the mutual exchange of services between parties to this agreement and the Authority without payment of any consideration other than such services. Such mutual exchange of services is ply authormed to the extent permitted by Section 6506 of the GOMM)ent Code. Each party to this agreement shall contribute $500 per annum, 18. NON-DISCRIMINATION 18.0. The provisions of the State of California Non -Discrimination Clause (Form 17B) are by this reference incorporated herein. 19. APPLICATION OF POWERS 19.0. Insofar as powers common to the City of Whittier included in this agreement, and not to the Conservancy, are exercised by the Authority, the governing Board and officers thereof shall exercise such powers as the administering agency of this agreement pursuant to Government Dods Section fi506, notwithstanding the fact that they may be appointed by, or representative of, the Santa Monica Mountains Conservancy. 20. AQDITIONAL PARTIES 20.0. The Santa Monica Mountains Conservancy, and the Cities of Anaheim, Brea, Chino Hills, The Bar, La Habra Hei hts parties to this g ,- Walnut and Whittier may become Agreement at any time . t�reementj . The addition 01 . here shall require the approval of the board. es aft, ftt of a party not listed 11. ANIENDIi1FNT TO THE ArRereuesrr 21.0. In Witness Whereof, the parties hereto have caused this agreement to be executed by their duly authorized representatives. SANTA MONICA MOUNTAINS CONSERVANCY By: CITY OF ANAHEIM CITY OF WH17TIER CITY OF BREA JAN -12-1995 16:23 FROM y� TO 19096613117 P.09 -9- B�Y: Ely: CITY OF CHINO HILLS CITY OF DIAMOND BAR CITY LA HABRA HEIGHTS CITY OF WALNUT B BY a c.p��9 team TOTAL P.09 21660 EAST COPLEY DRIVE . SUITE 100 DIAMOND BAR, CA 91765-4177 909-860-2489 • FAX 909-861-3117 January 12, 1995 Joseph Edmiston, Executive Director Wildlife Corridor Conservation Authority 3750 Solstice Canyon Road Malibu, CA 90265 Dear Mr. Edmiston: By this letter, the Diamond Bar City Council expresses its intention to become a member of the Wildlife Corridor Conservation Authority (Authority). As you are aware, the City Council has been deliberating upon becoming a member of the Authority. The City of Diamond Bar's membership in the Authority will be contingent upon the inclusion in the Joint Powers Agreement of requested amendments (see attached). The City Council has also asked that all documents that have been provided to the existing Authority members be provided to the City of Diamond Bar. The City requests that you place the City of Diamond Bar on your agenda and information mailing lists. The City Council has appointed Council Member Gary Miller as its delegate to the Authority. Council Member Miller will be attending the January 18 meeting. I am requesting, on his behalf, that copies of the January 18 agenda and all backup materials be provided to Council Member Miller, via this office, prior to the meeting. Finally, it is the City Council's understanding that an invitation for public members and advisory committee nominations to the Authority has been circulated. However, we understand that the deadline for submitting nominations was January 4. Presuming the City of Diamond Bar becomes a member of the Authority, it would be our intent to ask that the appointment of public members and advisory committee members be extended to allow for the Diamond Bar City Letter to Mr. Edmiston January 12, 1995 Page Two Council to encourage submittal of and/or to submit nomina- tions to the Authority. I am certain Council Member Miller will be discussing this issue at the January 18 meeting. The City Council and City staff look forward to working with you and other members of the Authority. If you have questions regarding this correspondence, please do not hesitate to call me at 909/396-5666. Sij4cerely, rrence L. Belang City Manager TLB:nbw attachment WILDLIFE CORRIDOR CONSERVATION AUTHORITY AMENDMMENTS TO JOINT POWERS AGREEMENT 1.2 Acquisition may be by way of gift devise Provided that Purchase, exchange or eminent domain; y Party may adopt a resolution null,�ng the exercise of eminent domain, if adopted within thirty (30) days of the written notice by the Authori to a Authority's intention to exercise the power of eminent domain, within the jurisdiiofial e boundaries of that party. 2.2 The Authority, nor any of the parties acting collectively, shall not have the power to raise revenues and/or incur debt through taxation, assessment and/or levy oparty to f any krtcl Notwithstanding the foregoing prohibition, a district or incur debt, within its individual boundaries anagreement iits atut ,a benefit authority, in furtherance of the purposes of the Authority. 3.0 For the purposes of this agreement, the the Whittier -Puente Hills, through Chino H If to that portion of thecorridor study area ',Santashall Axtend from Mountains, not awned by the Cleveland National Forest, which are reasonabllyccapable of sustaining or connecting habitat for large mammals and/or threatened or endangered species. 3.1 Theultimate delineation of the boundaries of the "wildlife corridor" shall be based upon widely accepted, scientifically established criteria, which shall reflect the state-of-the-art knowledge of the nature, quality and extent of wildlife habitat linkages 3.2 Within sixty (60) days of the delineation of the "wildlife corridor'; where the "wildli e corridor" includes land within the incorporated boundaries o f interested party may amend the "�+'ildlife corridor boundaryf� hereto, the , within said incorporated boundaries, by a resolution to amend adopted by a majority of the council members of the interested party, 21.0 The provisions of this agreement shall be amended solely upon the adoption of a resolution to amend, by each party to the agreement. "VILDLIFE CORRIDOR CONSERVATION AUTHORITY Member, City of Whittier Member, City of Brea Member, La Habra Heights Member, Santa Monica Mountains Conservancy Joseph T- Edmiston, AICP, Executive Officer Belinda Faustinos, Assistant Executive Officer NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN pursuant to Section 54956 of the Government Governing Board of the Wildlife Corridor Conservation Authori rnment Code that the Thursday, December 15, 1994 at 7.30 pm in thty will hold a special meeting on 13230 Penn Stree Whittier, e Council Chambers, City Hall, City of t, Whittier, CA 90602. Members of the public are welcome to attend and provide comment - The Wildlife Corridor Conservation Authority is a public entity established CO1emment Code Section 6500- et pursuant to the Joint Exercise Powers Act, and the Santa Monica Mountains o sen anOement behveen the City of Whittier, City of Brea, City of La Habra Heights, AGENDA I. Call to order II. Administration of oaths of office to Governing Board members and III. Election of officers officers IV. Adoption of Procedural and Operational Policies V. VI Adoption of Conflict of Interest Code Discussion and possible action necessary to conform the various revisions of the joint Powers agreement adopted and/or proposed by the participating entities VII- Discussion and possible action regard' a o VIII- Discussion and g appointment of public members IX possible action regarding appointment of advisoryco Presentation on status of Whittier College Wildlife Corridor S mmtttee X. Discussion and Possible action on items for initial workprogratn Posium report Adoption of initial budget XII. Comments by members of the public on matters not on the agenda XIII- Statements, responses, questions or directions to staff pursuant to Se of the Government Code Section 54954.2(x) XVII- Establishment of alar m re S eeting tu Public Participation is �vcne and place, and announcement of next meeting l 111'rn should a cor;te on any agenda item e publ Members of thi In advance c wishing to address the Governing Board on any meas the Chair_ tmeeting, questions about the agenda items should be addressed to Belinda WILDLIFE CORRIDOR CONSERVATION AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT PREAMBLE Whereas, There exists a wildlife corridor comprised of undeveloped wildlife habitat and open space between the Whittier -Puente Hills and the Cleveland National Forest in the Santa Ana Mountains; and Whereas, This wildlife corridor serves wildlife migration and also functions as an essential environmental, scientific, educational, and recreational resource which should be held in trust for present and future generations; and Whereas, That as the last major natural open space resource connecting Los Angeles, Orange, San Bernardino, and Riverside Counties, it provides essential relief from the urban environment; and that it exists as a single ecosystem in which changes that affect one part may also affect all other parts; and Whereas, That the preservation and protection of this resource is in the public interest- now Therefore, Pursuant to the Joint Exercise of Powers Act (Government Code § 6500 et seq.) the following public entities of the State of California executing this agreement agree as follows: g I. PURPOSE 1.0. The purpose of this agreement is to provide for the proper planning, conservation environmental protection and maintenance of the habitat and wildlife corridor between the Whittier -Puente Hills and the Cleveland National Forest in the Santa Ana Mountains. r 1.1. As a further necessary and integral purpose of this agreement, the acquisition and Protection of lands for conservation, natural open space, and recreational purposes is contemplated where such acquisitions can be accomplished within the prudent fiscal Policies of each of the member jurisdictions. 2. COMMON POWERS 2.0. The parties hereto agree to exercise their common powers to the maximum exten thereof for the purposes of implementing this agreement, including, but not limited to It the powers specified in Government Code § 6508. a I -2- 2.1. Such powers are subject to the restrictions u pon of exercising Powers as imposed upon the City of Whittier, as provided hn, andner for the purposesthe of, Government Code § 6509. 3. JURISDICTION 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 ultimate 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. 4. SEPARATE ENTITY 4.0. The "Wildlife Corridor Conservation Authority" (hereinafter "Authority") is hereby established as a separate public entity within the meaning, and for the purposes of, the Joint Exercise of Powers Act (Government Code § 6500 etseq.) upon execution of this document by at least two public entities whose jurisdiction falls within the "Wildlife Corridor." 5. GOVERNING BOARD 5.0. The Authority shall be governed by a "board constituted pursuant to the agreement" within the meaning of Government Code § 6506. 5.1.. The Governing Board of the Authority is hereby established as follows: (a) The city council of each of the participating entities to this agreement shall each appoint one of their number and an alternate to serve on the Governing Board at the pleasure of such appointing power. (b) The members of the Governing Board appointed by the participating entities shall elect two (2) public members and two (2) alternates who shall serve for a term of two (2) years. The public members shall be residents of the area within the wildlife corridor who are well qualified by their education, background or experience to carry out the purposes of this agreement. (c) The Superintendent of Chino Hills State Park or his designee. -3- (d) A member appointed by the Santa Monica Mountains Conservancy. (e) A member of the Department of Fish and Game, appointed by the Director, shall serve ex officio. 6. ADVISORY COMMITTEE 6.0. The Governing Board shall appoint an Advisory Committee to assist it in its deliberations. Such committee shall be comprised of individuals who are broadly representative of the community and the diverse interests that have a stake in planning for the wildlife corridor. 7. MEETINGS 7.0. All meetings of the Governing Board shall be called, held, and conducted in accordance with the provisions of the Ralph M. Brown Act and with such further rules of the Governing Board as are not inconsistent therewith. 7.1. The Authority shall keep, or cause to be kept, the minutes of the Governing Board's meetings, and shall as soon as possible after each meeting, forward a copy of the minutes to each member of the Governing Board and to the governing body of each of the participating entities to this agreement. 8. QUORUM AND PROCEDURE 8.0. A majority of the Governing Board shall constitute a quorum for the transaction of business. The affirmative vote of a majority of those members present and voting shall constitute an action of the Governing Board. Where applicable, Robert's Rules of Order, Newly Revised, shall govern the procedures of the Governing Board, except when inconsistent with the Ralph M. Brown Act. 9. COMPENSATION 9-0. Members of the Governing Board shall serve without compensation except that a reasonable allowance or reimbursement for attendance at meetings of the Governing Board, as determined by the Governing Board, may be paid an amount not to exceed $50 to the extent compatible with Government Code §1 126. Public Contract Code §§ 10410 and 10411, and any other statute_ -5 - source. The treasurer so designated shall: Whittier, or other appropriate account, to the (a) Receive all money of the Authority and place it in the treasury of the City of credit of the Authority. (b) Be respcnsible on his official bond for the safekeeping and disbursement of all Authority money so held by him or her. (c) Pay, when due, out of money of the Authority so held, all sums due on outstanding obligations of the Authority. Said sums shall be paid only by warrants of the public officer performing the functions of auditor or controller of this Authority. (d) Verify and report in writing on a quarterly basis to the Authority and to the parties to this agreement, the amount of receipts since the last report, and the amount paid out since the last report. 11.4. The treasurer of the City of Whittier shall perform the functions of auditor or controller of the Authority. The treasurer shall either make or contract with a certified public accountant to make, annual audit of the accounts and records of the Authority. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code, and shall conform to generally accepted auditing standards. Where an audit of an account and records is made by a certified public accountant, a report thereof shall be filed as a public record with each of the parties to this agreement. Such report shall be filed within six months of the end of the fiscal year under examination. Any costs of the audit, including contracts with or employment of a certified public accountant, shall be borne by the Authority and charged against any unencumbered funds of the Authority. 11.5. The Authority shall have the power to invest any money in the treasury of the Authority that is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 53601 of the Government Code. 12. BONDS 12.0. Each member of the Governing Board, the executive officer, and treasurer shall file an official bond with the Authority. When deemed appropriate by the Authority, a master bond may be utilized as referred to in Government Code Section 1481, and the bond shall also comply with the requirements of Title 1, Division 4, Chapter 3 of the Government Code, with those sections being deemed applicable to the Authority to the extent the Conservancy deems appropriate. The bond shall be in the amount of not less than I. $50,000. The premium shall be paid by the Authority. 13. LIABILITY 13.0. The tort liability of the Authority and of all members of the Governing Board, and the executive officer and employees of the Authority, shall be controlled by the provisions of Division 3.6 of the Government Code. The provisions of Division 3.6 of the Government Code relating to indemnification of public employees and the defense of actions arising out of any act or omission occurring in the scope of their employment shall apply to all members of the Governing Board, officers, and employees with respect to the Authority. 13.1 Pursuant to Section 6508.1 of the Government Code, the parties agree that the Conservancy shall assume all liabilities arising out of or with respect to : (a) Any and all actions taken by Authority personnel acting on Conservancy property pursuant to a reciprocal management agreement between the Conservancy and the Authority; and (b) Any and all property owned by the Authority which is subject to a reciprocal management agreement between the Conservancy and the Authority. 13.2 In addition the Authority may insure itself and the parties, and the officers and employees of the parties, in a manner, form and amount appropriate and acceptable to the City of Whittier and the Conservancy. 14. DISPOSITION OF PROPERTY AND FUNDS 14.0. Upon termination of this Agreement, the Authority forthwith shall windup its affairs, including discharging all of its outstanding legal obligations. Personal property and funds remaining in the Authority shall be returned to the party from which the funds or personal property were obtained, except as mutually agreed by the parties. All real property owned by the Authority shall be conveyed as the Authority shall determine, and if no determination is made, then such property shall be offered to the State Park System. 15. WITHDRAWAL OF PARTIES 15.0. Any party which desires to withdraw as a member of the Authority shall provide three months advance written notice to the Executive Officer. This agreement shall remain in effect so long as there are two local governments represented on the Authority. -7- 16. NON -LIABILITY OF PARTIES 16.0. Except as provided in Section 14 of this Agreement, neither the Authority nor the Governing Board shall have the power or authority to bind the parties to this agreement, or any of them to any debt, liability, contract, or obligation, or to employ any person on behalf of the parties, or any of them; no debt, liability, contract, obligation, employee, or agent of the parties or any of them. 16.1. No action or omission of the parties or any of them shall be attributable to any other parties to this agreement except as expressly provided in Section 14 of this Agreement. 16.2. The Authority may maintain such public liability and other insurance as in its discretion is deemed appropriate and to the extent the cost of premiums thereof are provided for in the approved budget of the Authority. 17. CONTRIBUTION OF CONSERVANCY 17.0. Exclusive of grants which the Conservancy may award to the Authority or the City of Whittier from time to time, the Conservancy contribution to the Authority shall be less than $25,000 in any fiscal year. Contribution is here defined to include monetary contributions, if any, and the reasonable value of the services of any employees of the Conservancy loaned by it to the Authority, if any. This section shall not affect the mutual exchange of services between parties to this agreement and the Authority without payment of any consideration other than such services. Such mutual exchange of services is hereby authorized to the extent permitted by Section 6506 of the Government Code. Each party to this agreement shall contribute $500 per annum. 18. NON-DISCRIMINATION 18.0. The provisions of the State of California Non -Discrimination Clause (Form 17B) are by this reference incorporated herein. 19. APPLICATION OF POWERS 19.0. Insofar as powers common to the City of Whittier included in this agreement, and not to the Conservancy, are exercised by the Authority, the governing Board and officers thereof shall exercise such powers as the administering agency of this agreement pursuant to Government code Section 6506, notwithstanding the fact that they may be appointed by, or representative of, the Santa Monica Mountains Conservancy. to 20. ADDITIONAL PARTIES 20.0. 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. In Witness Whereof, the parties hereto have caused this agreement to be executed by their duly authorized representatives. SANTA MONICA MOUNTAINS CONSERVANCY CITY OF ANAHEIM CITY OF CHINO HILLS CITY LA HABRA HEIGHTS c'� Afinalcor,jpa CITY OF WHITTIER 22 CITY OF BREA : CITY OF DIAMOND BAR CITY OF WALNUT la WILDLIFE CORRIDOR CONSERVATION AUTHORITY SPECIAL MEETING December 15, 1994 Agenda Item IV. Adoption of Procedural and Operational Policies Staff Recommendation: That the Governing Board adopt the attached procedural and operational policies. Agenda Item V: Adoption of conflict of interest code. Staff Recommendation: That the Governing Board adopt the attached Conflict of Interest Code. Agenda Item VI: Discussion and possible action necessary to conform the various revisions of the joint powers agreement adopted and/or proposed by the participating entities. Staff Recommendation: Attached please find comments submitted by the Cities of Diamond Bar and La Habra Heights. This is an item for Governing Board discussion and possible action as a matter of policy. Staff will make verbal recommendations. Agenda Item VII: Discussion and possible action regarding appointment of public members Agenda Item VIII= Discussion and possible action regarding appointment of public members Agenda Item IX: Presentation on status of Whittier College Wildlife Corridor Symposium report Agenda Item X: Discussion of items for initial workprogram Staff Recommendation: That the Governing Board appoint a sub committee to evaluate existing scientific data relative to the wildlife corridor study area with a view toward: 1) identifying areas requiring further study, 2) incorporating existing land. use designations, and 3) identify opportunities for cfitical habitat protection, recreation and planning priorities. Agenda Item XI: Adoption of initial budget Staff Recommendation: That the Governing Board adopt the attached initial budget. THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY December 15, 1994 Agenda Item X Resolution No. 94 - RESOLVED, that the Governing Board of the Wildlife Corridor Conservation Authority appoints a subcommittee to establish the Initial Workprogram for the Authority. Chairperson AYES: NOES: ABSTENTIONS: ABSENT: I HEREBY CERTIFY that the foregoing resolution was adopted at a regularly noticed meeting of the Governing Board of the Wildlife Corridor Conservation Authority held on the 15th day of December, 1994. Executive Officer THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY PROCEDURAL AND OPERATIONAL POLICIES DEFINITIONS: "Authority" shall refer to the Wildlife Corridor Conservation Authority established by joint powers agreement of the participating entities whose jurisdiction falls within the "Wildlife Corridor" and the Santa Monica Mountains Conservancy; "Board" shall refer to the Governing Board of the Authority; "Executive Officer" shall refer to the Executive Director of the Santa Monica Mountains Conservancy acting pursuant to Section 10 of the Joint Powers Agreement; "Treasurer and Controller" shall refer to the Treasurer of the City of Whittier acting pursuant to Section 10.2 and Section 11 of the Joint Powers Agreement. 2. SUPPLEMENT TO JOINT POWERS AGREEMENT: These policies shall be read together with, and shall not duplicate, the text of the Joint Powers Agreement entered into between the participating entities and the Santa Monica Mountains Conservancy. 3. ADDRESS AND SERVICE OF PROCESS: Unless changed by resolution of the Board, the address of the Authority shall be 3750 Solstice Canyon Road, Malibu, CA 90265. The Executive Officer is hereby designated to receive service of process on behalf of the Authority. 4. Official bonds in the amount required by the Joint Powers Agreement shall be procured by the Executive Officer or his designee for all such members of the Board, Officers, and employees as are required by the terms of the Joint Powers Agreement. The Treasurer shall, upon request of the Executive Officer, approve warrants to be drawn upon the treasury of the Authority for such purpose. DUTIES OF OFFICERS: (a) CHAIRPERSON: The Chairperson shall perform such functions as assigned by the Joint Powers Agreement, and shall execute such documents as may be required by these policies or by resolution of the Authority Board. (b) VICE CHAIRPERSON: The Vice Chairperson shall perform the duties of the Chairperson upon the inability or unwillingness of the Chairperson to do so. (c) EXECUTIVE OFFICER: In addition to those duties set forth in the Joint Powers Agreement, he shall execute and authenticate all documents of the authority, including resolutions, minutes, contracts, and the requests to the Auditor for the issuance of warrants upon the treasury of the Authority. Contracts or agreements between the Authority and the Santa Monica Mountains Conservancy shall be executed by the WCCA Policies Page 2 Chairperson upon recommendation of the Executive Officer and as authorized by these policies or by resolution of the Board. (d) ASSISTANT EXECUTIVE OFFICER: The Assistant Executive Officer shall be appointed by the Executive Officer and serve at the pleasure thereof, and shall be responsible for the day to day activities of the Authority subject to the direction of the Executive Officer. 6. BUDGET ADMINISTRATION: Upon adoption of the budget and approval by the City of Whittier and the Santa Monica Mountains Conservancy as provided in the Joint Powers Agreement, the Executive Officer may authorize the expenditure of funds provided in any item of the budget, and, subject to the provisions of the Joint Powers Agreement, may award contracts binding the authority up to an amount specified in the budget for each item, provided that the budget provides for the performance of such function or service by contract. The Executive Officer shall endorse the following on all requests for warrants submitted to the Treasurer: I HEREBY CERTIFY that the within expenditure is in strict conformance with the budget of the Authority, and is a proper expenditure from the treasury thereof. 7. COMPETITIVE BIDDING AND USE OF PARTICIPATING ENTITIES AND CONSERVANCY RESOURCES: The Authority and the Executive Officer acting on behalf thereof, shall use the resources of the participating entities and the Conservancy to the maximum extent permitted by law and the provisions of the Joint Powers Agreement. Prior to entering into any contract for services, the Executive Officer shall consult with the participating entities to ensure that the proposed service to be rendered to the Authority is not one that could be performed by the participating entities. Where resources of the Conservancy or the participating entities cannot be used, the Executive Officer shall ensure competitive bidding in the award of all contracts to the extent possible. Any sole source contract not entered into with another public entity shall be specifically approved by the Board prior to execution if the amount exceeds $5,000. Any sole source contract under the amount shall be reported to the Board at its next meeting. 8. LAND ACQUISITION: Acquisition of land or interests therein may only be made pursuant to the authority in the adopted and approved budget, and upon resolution adopted by the Board. 9. PERSONAL PROPERTY AND EQUIPMENT: The Executive Officer may acquire on behalf of the Authority such personal property and equipment as may be authorized in the budget and necessary for the functioning of the Authority. Resources of the participating WCCA Policies Page 3 entities and/or the Conservancy shall be used to the extent possible. 10. MEETINGS OF THE BOARD: The Governing Board of the Authority shall meet at least once each year at a time and place to be determined by the Chairperson, in consultation with the Executive Officer. Insofar as authorized by law, special or emergency meetings may be held upon call of the Chair or upon request of a majority of the members of the Board addressed to the Executive Officer. 11. GIFTS AND DONATIONS: The Executive Officer may accept, on behalf of the Authority, gifts and donations of real and personal property. Any gift or donation of property, real or personal, in excess of $10,000 in value shall be confirmed by the Board at its next meeting. 12. FILING WITH SECRETARY OF STATE: The Executive Officer shall cause to be filed with the Secretary of State such notices as may be required by law. The fee for such filing shall be, notwithstanding any other provision of these policies, a valid charge against the Authority. WCCA 1`01. D=4mber 13. 1994 THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY December 15, 1994 Agenda Item V Resolution No. 94 - RESOLVED, that the Governing Board of the Wildlife Corridor Conservation Authority adopts, as its conflict of interest code, the provisions of the Code attached and by this reference incorporated herein, as those provisions now exist or as they may be amended by the Fair Political Practices Commission in the future. FURTHER RESOLVED, Said Code, as it is now stated or may hereafter be amended by the Fair Political Practices Commission, will continue to serve as the Conflict -of -Interest Code for the Wildlife Corridor Conservation Authority, until further written resolution of this authority. Chairperson AYES: NOES: ABSTENTIONS: ABSENT: I HEREBY CERTIFY that the foregoing resolution was adopted at a regularly noticed meeting of the Governing Board of the Wildlife Corridor Conservation Authority held on the 15th day of December, 1994. Executive Officer CONFLICT OF INTEREST CODE FOR THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the Wildlife Corridor Conservation Authority. Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the Governing Board and Chief Executive Officer, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency. CONFLICT OF INTEREST CODE DEFINITIONS: Jurisdiction - 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. APPENDIX B DESIGNATED POSITION DISCLOSURE CATEGORY Governing Board Members Executive Officer Deputy Executive Officer Staff Counsel(s) APPENDIX C GENERAL PROVISIONS 1,2,3 1,2,3 1,2,3 1,2,3 When a designated employee is required to disclose investments and sources of income, he/she need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction, or have done business in the jurisdiction within the past hvo years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix B. DISCLOSURE CATEGORIES Category 1: All interest in real property. Category 2: All investments and business positions in business entities, and income from any source which engages in land development, construction or the acquisition, sale or lease of real property within the defined jurisdiction. Category 3: All investments and business positions in business entities and sources of income of the type utilized by the Wildlife Corridor Conservation Authority to provide services, supplies or materials. *Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Executive Officer may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section_ Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. " FAX (213! 6?60078, 310 694 4410:" Pow. -If Fax Note 7671 o"q$ee► To I- - r_ . _ L _ --- Fron . a !!gams~ I CIO- ATSON & GF_RSHpN Phone Lpho ) R A N D U M Fa'i S! t ntL h 'r , ly A '... I 1 . j,. , i ( I 41 To: Mayor Hathaway -Francis and Members of the City Council Faon^: Michacl G. Colantuop6^ DATE: October 6, 1994 SUBJECT: Second Draft Joint Powers Agreement for Wildlife Corridor Connex-vation Authority JOA PPrr+.z fnrwA r-AnA a 44- M......nA A c� o A. %_ Powers Agreement (JPA), which was sent under cover of a September 30, 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 se -en 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.Z 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 lahguage 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. E I MCC: tngc L5115-00091 1912432 .F hY:R1CHARD5_ iCATSOY La'1 :10- 6-01 : -9:04P\1 : t. -Ix: o:i-t-:Aitr_- RIPHAiTD�, WATSON 8, G6R3HON MEM0RANUUKi Mayor Hathdway-Francis and members of the City Council October 6, 199: Page 2 5. Section 15.0 states that "Any membor 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: 'lAny 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 also silent as to the 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 If another agency we represent and may prove a useful addition to this JPA: "Any panty may withdraw as a party to this Agreemei,, 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 writn tice of its intent to withdraw to the Executive 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: 11The Santa Monica Mountains Conservancy, and the Cities of Anaheila, 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 herd shall require the approval of the Board." MGC: mgo 15115-00001 1412412 NT BY:hlOiAKUs. itA'1SO'� LA=1 :10 c IJ4 rix j)`1i o-tiuu7b- �jiu 634 441u: 4 RICHARDS. WAT90rJ & CCR?HON MEMORAH0UM Mayor Hathaway -Francis and Members of the City Council. October 6, 1994 Page 3 If you haves any questions about these comments, please let the 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 15115-00001 1912432 THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY December 15, 1994 Agenda Item X Resolution No. 94 - RESOLVED, that the Governing Board of the Wildlife Corridor Conservation Authority appoints a subcommittee to establish the Initial Workprogram for the Authority. Chairperson AYES: NOES: ABSTENTIONS: ABSENT: I HEREBY CERTIFY that the foregoing resolution was adopted at a regularly noticed meeting of the Governing Board of the Wildlife Corridor Conservation Authority held on the 15th day of December, 1994. Executive Officer THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY December 15, 1994 Agenda Item XI Resolution No. 94 - RESOLVED, that the Governing Board of the Wildlife Corridor Conservation Authority adopts the Initial Budget attached hereto as Exhibit "A." Chairperson AYES: NOES: ABSTENTIONS: ABSENT: I HEREBY CERTIFY that the foregoing resolution was adopted at a regularly noticed meeting of the Governing Board of the Wildlife Corridor Conservation Authority held on the 15th day of December, 1994. Executive Officer EXHIBIT A WILDLIFE CORRIDOR CONSERVATION AUTHORITY REVENUE: EXPENDITURES INITIAL BUDGET December 15, 1994 Office Supplies Postage Travel Reimbursement Copies/Printing Publications/Legal Notices Miscellaneous Operating Expenses $2,000 $400 S00 200 750 100 50 $2,000 DRAFT "ADOPTED BUT NOT SIGNED" THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY December 15, 1994 Agenda Item IV Resolution No. 94 -1 RESOLVED, that the Governing Board of the Wildlife Corridor Conservation Authority adopts the attached Procedural and Operational Policies. Chairperson AYES: 4 NOES: 0 ABSTENTIONS: 0 ABSENT I HEREBY CERTIFY that the foregoing resolution was adopted at a regularly noticed meeting of the Governing Board of the Wildlife Corridor Conservation Authority held on the 15th day of December, 1994. Executive Officer DRAFT"ADOPTED BUT NOT SIGNED" THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY December 15, 1994 Agenda Item V Resolution No. 94 - 2 RESOLVED, that the Governing Board of the Wildlife Corridor Conservation Authority adopts, as its conflict of interest code, the provisions of the Code attached and by this reference incorporated herein, as those provisions now exist or as they may be amended by the Fair Political Practices Commission in the future. FURTHER RESOLVED, Said Code, as it is now stated or may hereafter be amended by the Fair Political Practices Commission, will continue to serve as the Conflict -of -Interest Code for the Wildlife Corridor Conservation Authority, until further written resolution of this authority. Chairperson AYES: 4 NOES: 0 ABSTENTIONS: 0 ABSENT: 1 I HEREBY CERTIFY that the foregoing resolution was adopted at a regularly noticed meeting of the Governing Board of the Wildlife Corridor Conservation Authority held on the 15th day of December, 1994. Executive Officer DRAFT**ADOPTED BUT NOT SIGNED** THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY December 15, 1994 Item XI Resolution No. 94-3 RESOLVED, That the Governing Board of the Wildlife Corridor Conservation Authority adopts the Initial Budget as follows: REVENUE: $2,000 EXPENDITURES: Office Supplies 250 Postage 250 Copies/Printing 250 Miscellaneous Operating Expenses 250 Publications/Legal Notices 11000 $2,000 Chairperson AYES: 4 NOES: 0 ABSTENTIONS: 0 ABSENT: 1 I HEREBY CERTIFY that the foregoing resolution was adopted at a regularly noticed meeting of the Governing Board of the Wildlife Corridor Conservation Authority, held on the 15th day of December, 1994. Executive Officer ORDINANCE NO. 010995) AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING STANDARDOCREEE INGSIFOR THE G THE ACQUISIT ON ORCISE OF MF LENT AND, DOMAIN WITHINBOUNDARIES CORRIDOR CONSERVATION BY THE T ON AUTHORITY A. RECITALS. (i) The City of Diamond Bar (City), a municipal corporation, has become a party to a joint exercise of powers agreement (JPA) otherwise known as the Wildlife Corridor Conservation Authority (Authority), which was established pursuant to CaliforniaGovernment Code Section 6500 et seq (Joint Exercise of Powers Act). The purpose of the Authority is to provide for the proper planning, conservation, environmental protection and maintenance of the habitat and wildlife corridor between the Whittier -Puente Hills and Cleveland f the Authority, al F the in the Santa Ana Mountains. As a further necessary and integral pure ose acquisition and protection of lands for conservation, natural open space and recreational purposes y is contemplated. Acquisition of land, b the Authority, may be by way of gift, devise, purchase, exchange or eminent domain; provided that any party may adopt. a resolution nullifying the exercise of eminent domain, if adopted within thirty (30) days of the written notice of the Authority's intention to exercise the power of eminent domain, issued by the Authority, to the City in which the property proposed to be condemned is located. (ii) The City Council (Council), after due consideration and deliberation, exercised its authority as the legislative body by approving membership in the Wildlife Corridor Conservation Authority and signing the joint exercise of authority agreement. As a party to the Authority joint exercise of power agreement, the City of Diam6nd Bar agrees to abide by the provisions of the JPA, as the Authority proceeds toward to attainment of the purposes for which the Authority was established. Notwithstanding the necessary adherence to the provisions of the TPA, the Council of the City of Diamond Bar reserves its powers to adopt regulations which constrain, supplement and/or further the intent of the JPA, so long as such regulation does not serve to hinder or otherwise diminish the intent or effect of the provisions of the JPA- (iii) PA(iii) The Council desires to reserve the right and power to authorize the use of eminent domain, within the incorporated boundaries of the City of Diamond Bar. Article 11, Section 7 of the State of California Constitution enables and authorizes � welfare exerciseity to the its police powers, by ordinance, to preserve and secure the health, safety community, so long as such exercise does not conflict with the general laws of t,e Stat and/or Concurrently, the City has the power to adopt regulations which constrain, supe further the intent and effect of the JPA. Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause to be posted in three (3) public places within the City of Diamond Bar, pursuant to the provisions of Resolution 89-6, as amended. Further, the City Clerk shall cause certified copy of this Ordinance to be transmitted with the executed copy of the Wildlife Corridor Conservation Authority joint exercise of powers agreement. APPROVED AND ADOPTED this 3rd day of January, 1995. .c 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 3rd day of January , 1995, and was finally adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of. January , 1995, by the following vote: AYES: COUNCIL. MEMBERS: Miller, Werner, MPT/Papen, M/Ansari NOES: COUNCIL MEMBERS: Harmony ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS:None ATTEST. Cit Jerk of the City of Diamond Bar