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03/07/1995
C olur UL/ / AGENDA Tuesday, March 7, 1995 6:30 P.M. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Mayor Pro Tem Council Member Council Member Council Member Phyllis E. Papen Gary H. Werner Eileen R. Ansari Clair W. Harmony Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title 11 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. Please refrain from smoking, eating or drinking in the Council Chambers. , �' `4,'► The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persona. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a -regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860-IJNE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. Next Resolution No. 95-12 Next Ordinance No. 03(1995) 1. CALL TO ORDER: 6:30 P.M. March 7, 1995 PLEDGE OF ALLEGIANCE: Mayor Papen ROLL CALL: Council Members Ansari, Harmony, Miller, Mayor Pro Tem Werner, Mayor Papen 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 PROCLAMATION RECOGNIZING THE CALIFORNIA STATE POLYTECHNIC UNIVERSITY POMONA FOR ITS COLLEGE OF ARTS RETENTION AND ENHANCEMENT SERVICES PROGRAM. 2.2 PROCLAIMING MARCH AS "WOMEN'S HISTORY MONTH" 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportu- nity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Cara 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 Councilmembers are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PRESENTATION BY METROPOLITAN TRANSPORTATION AGENCY (MTA) ON 20 YEAR LONG-RANGE TRANSPORTATION IMPROVEMENT PGM - March 8, 1995, 7:00 p.m., AQMD CC -6, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - March 9, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - March 13, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING - March 21, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. CONSENT CALENDAR: MARCH 7, 1995 PAGE 2 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of January 17, 1995 - Approve as submitted. 6.1.2 Regular Meeting of February 7, 1995 - Approve as submitted. Requested by: City Clerk 6.2 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of January 26, 1995 - Receive & file. Requested by: Community Services Director 6.3 VOUCHER REGISTER - Approve Voucher Register dated March 7, 1995 in the amount of $482,355.91. Requested by: City Manager 6.4 TREASURER'S REPORT - Review and File Treasurer's Report for the month of January, 1995. Requested by: City Manager 6.5 CLAIMS FOR DAMAGES: 6.5.1 Filed by Arci-Co on February 2, 1995. Recommended Action: It is recommended that the City Council reject the request and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5.2 Filed by Cathy Barrows on February 17, 1995 Recommended Action: It is recommended that the City Council reject the request and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.5.3 Filed by Rosina C. Lam on February 22, 1995. Recommended Action: It is recommended that the City Council reject the request and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.6 REDUCTIONS AND EXONERATION OF SUBDIVISION IMPROVEMENT BONDS FOR TRACT 47851 (DIAMOND BAR EAST PARTNERS) - MARCH 7, 1995 PAGE 3 Consider exoneration and/or reduction in security amount (surety bond) commensurate with progress of work for various improvements required in accordance with the subdivision agreement for Tract No. 47851. Recommended Action: It is recommended that the City Council exonerate Bond No. 151304S for Domestic Water System Improvements in the amount of $234,318; reduce Bond No. 139424S for Grading Improvements from $913,743 (Faithful Performance) to $735,000 and reduce the Labor and Material Bond in the same proportion; reduce Bond No. 139425S for Erosion Control and Dewatering from $291,893 (Faithful Performance) to $120,000 and reduce the Labor and Material Bond in the same proportion; reduce Bond No. 1513025 for Storm Drain, Street, Sanitary Sewer and Sanitary Sewer Lift (Faithful Performance) to $900,000 and reduce the Labor and Material Bond in the same proportion; and direct the City Clerk to notify the principals. Requested by: City Engineer 6.7 GOLDEN SPRINGS DRIVE LANDSCAPE MEDIANS FROM THE WESTERLY CITY LIMIT TO LEMON AVENUE - Construction of the Golden Spg. Dr., Landscape medians between the westerly City limit and Lemon Ave. is near completion. Staff requests that Council consider: authorize increased payments to the contractor (1) due to changes needed from conditions found in the field and (2) for increased ;osts related to modification of the left -turn pocket on westbound Golden Springs Dr. at Arkley Dr. to a fully landscaped median. The project was extended by ten working days to modify the median as approved. With the revised schedule, the City requested a proposal from SA Associates to provide extended inspection services at a previously agreed upon hourly rate of $48.00. This amendment will increase the SA Associates contract by $3,000. Recommended Action: It is recommended that the City Council authorize the City Manager to execute a contract amendment with Advanced Construction in the amount of $34,079.30 and a professional services contract amendment with SA Associates to increase the contract amount by $3,000. Requested by: City Engineer 6.8 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS ON THE CITY'S BEHALF PURSUANT TO STATE MARCH 7, 1995 PAGE 4 TRACT NO. 1-95-23-20 - The Department of General Services of the State of California is the lead agency that administers statewide purchasing contracts for materials, supplies and equipment. Each year, the Department releases contracts for volume discount pricing on sedans, station wagons, trucks and utility vehicles. General Services has approved the use of these contracts by other public agencies interested in purchasing vehicles. The City is interested in purchasing a GMC C2500 3/4 ton truck and has budgeted funds for that purpose. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX authorizing the Department of General Services of the State of California to purchase certain items on the City's behalf. Requested by: City Manager 6.9 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR A.D.A. MODIFICATIONS TO EXISTING TOT LOT AREA, RESTROOM BUILDING AND VARIOUS SITE ACCESSIBILITY IMPROVEMENTS AT MAPLE HILL PARK IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - On November 15, 1994, the Council approved the conceptual plan for the retro -fit of Maple Hill Park to meet accessibility requirements of the Americans with Disabilities Act (A.D.A) of 1991, and directed staff to have construction plans and project specifications completed. Plans and specs were completed by R.J.M. Design Group and specifications plan -checked and approved by Building and Safety, and, since this project is funded by CDBG funds, reviewed and approved by CDC of L.A. County. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX approving plans and specifications for retro -fit of Maple Hill Park to meet accessibility requirements of the Americans with Disabilities Act of 1991 and direct the City Clerk to advertise to receive bids. Requested by: Community Services Director 6.10 TRAFFIC SIGNALS INSTALLATION ON GOLDEN SPRINGS DRIVE AT GOLDEN PRADOS DRIVE, PROSPECTORS ROAD, AND CARPIO DRIVE - On January 17, 1995, the Council authorized staff to advertise for bids for installation of traffic signals on Golden Springs Dr. at Golden Prados Dr., Prospectors Rd. and Carpio Dr. Staff recommends awarding a contract to the lowest responsible bidder, Macadee Electrical MARCH 7, 1995 PAGE 5 Construction. Recommended Action: It is recommended that the City Council award a contract to Macadee Electrical Construction in an amount not -to -exceed $217,910 and provide a contingency of $22,000. Requested by: City Engineer 6.11 APPOINTMENT OF JOYCE LEONARD TO THE TRAFFIC & TRANSPORTATION COMMISSION TO FILL UNEXPIRED TERM OF LOU ESPOSITO. Requested by: Mayor Papen 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 CONTRACT AMENDMENT TO CITY MANAGER AGREEMENT - On February 21, 1995 the Council approved an increase in salary for the City Manager. The increase is 6% of the then monthly salary and had not been changed for the past four years. The effective date of the salary increase is March 4, 1995. Also, there are proposed amendments to the termination provisions and vacation leave accumulation provisions. Recommended Action: It is recommended that the City Council approve the contract amendment with Terrence L. Belanger for City Manager services and authorize and direct the Mayor to execute the agreement. Requested by: City Council 8.2 CONTRACT WITH RICHARDS, WATSON AND GERSHON FOR CITY ATTORNEY SERVICES - On February 21, 1995, the Council appointed Michael Jenkins, of the Law Firm of Richards, Watson and Gershon as City Attorney effective March 1, 1995. Council directed staff to place on the March 7, 1995 agenda an agreement for these legal services. Recommended Action: It is recommended that the City Council approve the agreement with the firm of Richards, Watson and Gershon for legal services and authorize and direct the Mayor to execute said agreement. Requested by: City Council 8.3 AGREEMENT FOR ANNUAL FINANCIAL AUDIT AND QUARTERLY PROCUREMENT AND CASH DISBURSEMENTS AUDITS - The Council MARCH 7, 1995 PAGE 6 has determined that it is desirable to consider engagement of an auditing firm to provide annual financial audits and quarterly procurement and cash disbursement audits. The City has utilized the same accountancy firm to provide to the City Council annual financial audits during its first five years of incorporation. Nine auditing firms responded to the City's request for proposals and five firms were interviewed by the Council Finance Sub -Committee, City Manager and Asst. City Manager. Recommended Action: It is recommended that the City Council approve the agreement with Conrad &Associates for annual financial services and quarterly procurement and cash disbursement audits and authorize and direct the Mayor to execute said agreement. Requested by: City Manager 8.4 MID -YEAR BUDGET REVIEW - The Council adopted the FY 1994- 95 Municipal Budget on July 19, 1994 with estimated revenues of $10,199,015. Estimated FY 95 expenditures, including subsequently -approved City Council appropria- tions are $9,081,580. Recommended Action: It is recommended that the City Council approve the amendments to the FY 1994-95 Municipal Budget revenue and expenditure amounts. Requested by: City Manager 8.5 A) CONSIDER AMENDMENTS/REVISIONS TO RESOLUTION NO. 91- 71 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION - Members of the Council have requested that an item be placed on the agenda which provides an opportunity for the Members to discuss several issues related to Council relations. The Members would like to discuss, at a minimum, standards of conduct for Council Meetings, use of City stationary and other City insignia, Council Member relationships, unauthorized and inappropriate conduct and activities and censorship/ sanctions related to inappropriate conduct and/or activities. Continued from February 21, 1995. B) CONSIDERATION OF ADOPTION OF RESOLUTION NO. 95 -XX ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CENSURING COUNCILMAN CLAIR W. HARMONY. Continued from February 21, 1995. Recommended Action: It is recommended that the City MARCH 7, 1995 PAGE 7 Council adopt Resolution No. 95 -XX censuring C/Harmony. Requested by: Mayor Papen 9. NEW BUSINESS: 9.1 ORDINANCE NO. XX(1995): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A TAXICAB OPERATION SYSTEM AND REPEALING CHAPTER 7.80 OF THE LOS ANGELES COUNTY CODE - The City, upon incorporation, adopted the L.A. County Code. As part of that adoption, Chapter 7.80 "Taxicabs and Water Taxis" was implemented for the City. In preparation of the City's Dial -A -Cab program, staff has reviewed the County's Taxi Operators Ordinance and determined that it did not allow for establishment of a municipal Dial -A -Cab program without having to go through the L.A. County Business License Commission. At this time, it is appropriate for the City to implement their own Taxicab Operators Ordinance to ensure that all taxis operating in the area have the appropriate liability insurance naming the City as additionally insured. Recommended Action: It is recommended that the City Council approve for first reading, by title only Ordinance No. XX(1995) "An Ordinance of the City Council of the City of Diamond Bar Establishing a Taxicab Operation System and Repealing Chapter 7.80 of the Los Angeles County Code." Requested by: City Manager 10. ANNOUNCEMENTS: 11. 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. G.C. 54956.9 - Oak Tree Lanes v. City of Diamond Bar, et al 12. ADJOURNMENT: PLO TO: FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT CITY CLERK DATE: /-�) ,7 -'c -h ?, `T s PHONE: 966 - O'W I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. -,�,b, Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: f �' ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: DATE: �1 6=1 C/,7 PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK'' J t 49 r DATE: 3` / ` � PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ..DATE: ADDRESS: PHONE:n1/ ORGANIZATION: AGENDA #/SUBJECT: g a /dam I expect to address the Council on,the subject agenda item. Please have the Council Minutes reflect my name and address as written above. �ignature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK ,/k4A� Cc;14Mry7l DATE: 3/ -7 I9� 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 C TO: FROM: ADDRESS: ORGANIZATION VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: -3 - 7 T� -�— PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL u TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK 2(oZl �c5�n� S� I DATE: 3I 7 S PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: /fe 344 11e4/?1-1 DATE: 3 - ;2 - :� f - ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature F3�- VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �4 ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: DATE: r `p 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. i Signature c Revised 3/7/95 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 17, 1995 CALL TO ORDER: RNAnsari called the meeting to order at 6:32 p.m. in the South Coast AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by C/Werner. ROLL CALL: Council Members Harmony, Miller, Werner, Mayor Pro Tem Papen, Interim Mayor Ansari. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; George Wentz, City Engineer; Bob Rose, Community Services Director; James DeStefano, Community Development Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: None PUBLIC COMMENTS: Jim Paul, 1269 Ahtena Dr., stated that Council Members need to show respect for each other during election time and that if someone has requested an item to be on the agenda, then it should be. He also stated that during Council Comments, they should have the right to speak during their time. Max Maxwell, 3211 Bent Twig Ln., stated that the General Plan Meeting schedule was changed and asked the Council to coordinate them with Planning Commission meetings. Tom Ortiz, 3308 Hawkwood, read an article from the San Gabriel Valley Tribune dated January 10, 1995 entitled: "DEBATE, NOT DEBACLE." Red Calkins, 240 Eagle Nest Dr., stated that Council Members should be treated the same as the public during Comments. Nick Anis, 1125 Bramford Ct., commented on City policies and personal attacks. He asked each of the Council Members to explain if they intend for people to speak and offer criticism of the Council. Debbie Lee, 23710 Prospect Valley, Treasurer for Boy Scout Troop 737, asked why some non-profit organizations are charged for the use of community facilities when others are not. She asked what the status was of the refund for the Boy Scouts for their use of Heritage Park. C/NMer stated that the refund was on the current Warrant Register and that there is a policy for non-profit organizations not to be charged for the use of community facilities. Fred Scalzo, President -Elect of the D.B. Chamber of Commerce, announced a "Chamber Bowl' football game involving the D.B. Chamber v. the Walnut Chamber on January 21, 1995, at 1:00 p.m. at D.B. High School. He also announced that Willie Brown/Richard JANUARY 17, 1995 PAGE 2 Mountjoy debate tapes were available. Wilbur Smith, 21630 Fairwind Ln., stated that provoking, bickering and unsubstantiated charges made against Council Members needs to stop. Dr. Lawrence Rhodes, Fiber Ct., discussed "Roberts Rules of Order." IM/Ansari announced that General Plan Meetings will be held on the 1st and 3rd Mondays and 2nd and 4th Tuesdays. 4. COUNCIL COMMENTS: C/Miller agreed with Mr. Smith that printing lies should be avoided and that everyone should start acting like citizens and neighbors. He stated that the Council authorized $30,000 for the D.B. Senior Volunteer Patrol for uniforms and training; that there are currently 11 individuals between the ages of 50 and 71 in training and it is anticipated that they will be on the job in mid-February. Another 6 seniors have signed up and if anyone is interested, they can call Deputy Larry Luter at 595-2264. He asked Council's consensus to recognize these volunteers. C/Harmony announced that on February 15, 1995, at the Cancun Restaurant, the City will host a dinner and meeting of the California Contract Cities Assn. Further, a retraction was received from The Bulletin due to a reporting error in their December 21, 1994 story. He further announced that a recall bulletin is available through the City Clerk's Office as well as by FAX. C/Werner indicated that he and IM/Ansari are working on the City's audit recommendations for improvements to spending procedures. An audit report was recently received advising that staff uses appropriate accounting procedures and that there are no misappropriations of City finances. MPT/Papen expressed concern that Agenda items that she requested were not placed on the agenda. She asked how a Council Member could be protected against slander by other Council Members. IM/Ansari advised that MPT/Papen's issues were thought to be on tonight's Agenda. She recommended that Council and Public Comments be placed at the end of the agenda so that other items could be discussed. She stated that staff and prior Council Members have run a cost-effective city with cash on hand. She advised that she spoke with legislators regarding business in the City and tax relief for these businesses. She also advised that the Council worked together to save the City's funding for HOV lanes through the Transportation Department. Lastly, she announced that a Ministerial Meeting will be held on Saturday, January 21, 1995 at 8:30 a.m. at Heritage Park, to help the community's needs. REORGANIZATION OF CITY COUNCIL: 5.1 SELECTION OF MAYOR - In response to MPT/Papen, ICA/Montgomery advised JANUARY 17, 1995 RECESS: PAGE 3 that this item was not continued, but put on the Agenda as a new item, so public comments need to be opened. Steve Nice, Rising Star Dr., stated that he supported Eileen Ansari for Mayor. Max Maxwell, 3211 Bent Twig Ln., stated that a Mayor needs to be chosen now and suggested that C/Werner stop abstaining from voting. Frank Dursa expressed concern that everyone on the Council should have a turn as Mayor and; therefore, he supported Clair Harmony for Mayor. Nick Anis, 1125 Bramford Ct., stated that he supported any Council Member being Mayor if they are doing their job and recommended that the Council vote for whomever can best do the job. He asked ICA/Montgomery if there is a rule that each Council Member takes a turn as Mayor. C/Miller moved to nominate MPT/Papen for Mayor, MPT/Papen seconded. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Miller, MPT/Papen NOES: COUNCIL MEMBERS - Harmony, IM/Ansari ABSTAIN: COUNCIL MEMBERS - Werner C/Harmony moved to nominate IM/Ansari for Mayor, IM/Ansari seconded. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Harmony, IM/Ansari NOES: COUNCIL MEMBERS - Miller, MPT/Papen ABSTAIN: COUNCIL MEMBERS - Werner C/Miller moved to nominate MPT/Papen for Mayor, MPT/Papen seconded. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Miller, MPT/Papen NOES: COUNCIL MEMBERS - Harmony, IM/Ansari ABSTAIN: COUNCIL MEMBERS - Werner C/Miller moved to continue with the Agenda with IM/Ansari to remain as Interim Mayor until the next meeting. RECONVENE: IM/Ansari recessed the meeting at 7:42 p.m. IM/Ansari reconvened the meeting at 7:50 p.m. 5.1 SELECTION OF MAYOR (CONTD.) - C/Miller moved to nominate MPT/Papen JANUARY 17, 1995 PAGE 4 for Mayor, MPT/Papen seconded. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Werner, MPT/Papen NOES: COUNCIL MEMBERS - Harmony ABSTAIN: COUNCIL MEMBERS - IM/Ansari C/Miller moved to nominate C/Werner for Mayor Pro Tem, M/Papen seconded. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Werner, Ansari, M/Papen NOES: COUNCIL MEMBERS - Harmony ABSTAIN: COUNCIL MEMBERS - None 5.2 APPOINTMENT OF DELEGATES AND/OR ALTERNATES TO COMMISSIONS/COMMITTEES AND OTHER AGENCY BOARDS - M/Papen appointed C/Ansari to be the delegate to SCAG and representative for the 37th District. With consensus of Council, matter was continued to February 7, 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 24, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.4 CITY COUNCIL GENERAL PLAN PUBLIC HEARING - January 30, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.5 MULTI -CULTURAL MEETING - February 6, 1995 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 6.6 CITY COUNCIL MEETING - February 7, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.7 TRAFFIC & TRANSPORTATION COMMISSION - February 9, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 7. CONSENT CALENDAR: C/Mller moved, MPT/Wemer seconded to approve the Consent Calendar with a correction to Item 7.1.2 Minutes of November 15, 1994 and the exclusion of Item 7.4. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/ Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None JANUARY 17, 1995 PAGE 5 7.1 APPROVAL OF MINUTES: 7.1.1 Regular meeting of November 1, 1994 -approved as submitted. 7.1.2 Regular meeting of November 15, 1994 - approved as corrected. 7.1.3 Adjourned Regular Meeting of November 29, 1994 - approved as submitted. 7.1.4 Special Meeting of December 2, 1994 - approved as submitted. 7.2 APPROVED VOUCHER REGISTER - dated January 17, 1995 in the amount of $178,093.52. 7.3 ADOPTED RESOLUTION NO. 95-02: 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. 7.5 ADOPTED RESOLUTION NO. 95-03: 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. 7.6 AWARDED CONTRACT FOR PHONE SYSTEM - C/Miller moved, MPT/Werner seconded to award a 60 -month municipal lease to GTEL in an amount not -to -exceed $489.65 per month for a key telephone system and related telecommunications equipment; (b) to 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) to 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. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None MATTERS WITHDRAWN FROM CONSENT CALENDAR: 7.4 ADOPTED RESOLUTION NO. 95-04: 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. JANUARY 17, 1995 PAGE 6 C/Miller moved, C/Harmony seconded to adopt Resolution No. 95-04. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. PUBLIC HEARING: 8.1 CONSIDERATION OF THE 1995-96 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET - CDD/DeStefano reported that each year, the City receives an allocation of funds from the Dept. of Housing & Urban Development through a cooperative agreement with the Community Development Commission of L.A. County. He advised that the CDBG program was established through the Housing & Community Development Act of 1974 to provide funding for communities to benefit persons of low and moderate income. The City receives an annual allocation based on a Federal formula that appropriates grants to cities. The City has participated in the L.A. Program since 1990 and 1991 for allocation -established requirements for determining funding eligibility for CDBG monies. He advised that preliminary funding is $318,429 and it is anticipated that the budget will be adjusted 2-5% by the Federal government and passed through the County onto us. He announced that this year's projects include: 1) YMCA requested $34,000 for after school child care for 20 families, staff recommended $26,000; 2) YMCA requested $15,000 for summer day camp facility, staff recommended $12,500; 3) YWCA Y -Teen Program requested $12,500, staff recommended $2,000; 4) City's Senior Program requested $20,000, staff recommended $24,000 to provide a variety of senior services; 5)D.B. Senior Club requested $500 to provide insurance for their activities, staff recommended the same; 6) Senior Emergency Preparedness Funding of $2,500 for further training of seniors in the event of an emergency, i.e., mobile home parks; 7) Project Sister Sexual Assault Prevention requested $1,000 to provide prevention education to seniors, staff recommended the same; 8) Program Administration proposed $31,800 and 9) Public Works requested a) $150,000 for Community Services to remove architectural barriers at Maple Hill and Peterson Parks in compliance with the American with Disabilities Act, staff recommended $100,000; b) Public Works Department requested $440,000 for sidewalk installation along D.B. Blvd., staff recommended $123,200. In response to MPT/Werner, CDD/DeStefano advised that there was $6,000 - $7,000 set aside in contingency funding and this is a component of the $78,000 left over from prior years' activities that are being proposed to be reprogrammed for sidewalk installation. MPT/Werner asked if all the funds are being used. In regard to the Y -Teen Program, only two eligible candidates have used the program, but the program itself is using all JANUARY 17, 1995 PAGE 7 the funds. CDD/DeStefano advised that all of the public works programs receive money from the City based on the receipt of their eligible activities. M/Papen opened the Public Hearing. Dr. Lawrence Rhodes, Fiber Ct., stated that the Project Sister Sexual Assault Prevention Program should be considered by the schools and not the City and asked how the City will use the funds. Julie Amador, Project Sister Sexual Assault Prevention, stated that the 22 -year program services both L.A. and San Bernardino Counties providing preventative services which include community education to senior citizens and teens, child abuse prevention, self-defense instruction and community outreach. She explained that monies received would only be used for preventative education for senior citizens in the community. Brenda Weaver, Y -Teen Coordinator for the YWCA, reported that the Y -Teen program helps young people to learn about themselves, about their place in the community and deal with issues for tough decisions in their lives. MPT/Werner expressed concern regarding the YWCA's lack of completion of bureaucratic paperwork and explained that the City is required by HUD to ensure that paperwork requirements are met. He asked if the income requirement issue will be resolved. Kathy Rogers, Executive Director of the YWCA, advised that they are working with staff in an aggressive attempt to be accountable to CDBG guidelines and to insure that the City is looked upon favorably by L.A. County. MPT/Werner asked who pays for the services that Ms. Weaver indicated were provided to 50 other people. Ms. Rogers indicated that their services are covered by other funding sources and the YWCA. M/Papen reported that the City has supported the Y -Teen program for the last three years and expressed concern that when reviewing the audits, the program did not meet 10% of its goal and staff time. Ms. Rogers explained that the audit report received was only for the YWCA's half year. M/Papen asked if when the year end report is completed, will it demonstrate that Y -Teen has reached 30 to 50% of its goal. JANUARY 17, 1995 PAGE 8 Ms. Rogers advised that 50 files are completed; however, files that are CDBG targeted are the ones that are in question, i.e., proof of residency, proof of income. M/Papen asked, out of those 50 files, how many have been targeted to be CDBG qualified. Ms. Rogers advised that only 9 have been presented to staff with the completion of their income and residency requirements; however, only two have been proven eligible. Ms. Weaver stated that 50 students have been involved in the program and that 9 are financially eligible with 2 persons fully documented. C/Ansari asked why there is so much difficulty in getting income information from parents and how many of the students in the program were from Pomona. Ms. Weaver stated that parents or guardians are offended by the information requested. She explained that, out of 15, 2 or 3 are from the City of Pomona. Alison Meyers, Child Care Director of the YMCA, stated that the YMCA has been a major child care provider in the community for 15 years. The program addresses needs by providing safe, quality and affordable child care to those who would be home alone as "latch -key" kids. She stated that the YMCA offers two types of day care --after school day care and day care-- both programs assist moderate and low income families and that funding received goes 100% to subsidize fees of moderate and low income families. Further, "Day Camp" helps families during summer vacation, off-track schedules and school vacation breaks. She advised that for the 1995-96 year, the YMCA requested $34,000 for child care and $15,000 for day camp. Steve Tye requested the Council to approve staffs recommendation for the Senior Program in providing activities, classes and referrals for 130 seniors weekly. With no further testimony offered, M/Papen closed the Public Hearing. CDD/DeStefano explained that reallocation of funds from this year would be used for installation of sidewalks on D.B. Blvd. M/Papen advised that she reviewed the reports and asked Ms. Fritzal to discuss the audits of the Y -Teen program. AA/Kellee Fritzal advised that the City received two findings in the past two audit years --one for lack of financial back-up to the Public Service Certificate that the YWCA submitted and the other for lack of time cards being signed by appropriate personnel of the YWCA Further, audits show low attendance and a lack of meeting their goals for 1993-94, i.e., 2 teens out of a recommended 20 and in 1994-95, 2 teens out of a recommended 30. JANUARY 17, 1995 PAGE 9 In response to MPT/Werner's question about continuation of the Y -Teen program, AA/Fritzal recommended continuation at this time. M/Papen expressed concern that Y -Teen program membership does not seem to qualify for funding and recommended that it be deleted from CDBG funding in its entirety. M/Papen moved, C/Miller seconded to increase YMCA child care allocation to $30,000 and Day Camp allocation to $15,000 by reducing the sidewalk installation by the appropriate amount and supplement that net loss with gas tax money. She commented on how important the YMCA child care program is for single parent, low or moderate income families and that the YMCA has met their goals and consistently exceeds them. C/Harmony asked staff about the availability of gas tax monies and stated that Prop A monies could also be used for sidewalks. CM/Belanger advised that, per Metropolitan Transportation Authority staff, Prop A monies are not able to be utilized for sidewalk construction. C/Harmony stated that other cities have been able to use Prop A monies to build sidewalks and asked staff to investigate this. CM/Belanger advised that staff will investigate the issue, and that there are gas tax monies available for allocation for the funding of a variety of street and highway projects. M/Papen asked C/Harmony if his question was directed to find out if funding for these programs would come from Prop A monies instead of gas tax. C/Harmony advised that either one would be okay with him but preferred Prop A, if available. M/Papen amended her motion to include C/Harmony's suggestion that Prop A monies be used, if possible, as the first alternative with supplementation from gas tax monies if Prop A cannot be used. MPT/Werner asked that by shifting $7,500, would it put any of these programs at risk of exceeding the threshold for public service. CM/Belanger indicated that it is within the threshold. M/Papen recommended that, if at the end of this fiscal year, the Y -Teen program can certify or meet 30-35% of their goal, funding be continued for next year; however, if some appropriate goal level is not met for this year and all paperwork completed in a timely manner, then it is suggested that Y -Teen Program funding be cancelled. JANUARY 17, 1995 PAGE 10 MPT/Werner asked staff if the Y -Teen Program funding is approved, can the money be held until such time as they provide the appropriate goals or documents. CDD/DeStefano stated that the issue is an allocation of a certain amount to the Y -Teen program and if that achievement is not met within a particular period of time, their allocated funds can be rolled into either a contingency account or some other designated program. C/Werner stated that the Y -Teen Program should be supported; however, the people in charge should be advised that the program is in jeopardy because of the lack of goals being met and managed. C/Miller moved, C/Werner seconded to amend funding levels to change YMCA Child Care to $30,000, YMCA Day Care to $15,000, reduce sidewalk installation by $7,500 to cover the above and look at supplemental sidewalk funding through Prop A monies, then gas tax funds. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Werner moved, C/Miller seconded to approve $2,000 in CDBG funding for the YWCA Y -Teen program. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. OLD BUSINESS: 9.1 MEMBERSHIP IN THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY - CM/Belanger reported that Council recommendations made on January 3, 1995 had been completed by staff and displayed a letter directed to the Authority stating the contingencies as expressed by the Council. Further, he stated that the City received a complete copy of The Joint Powers Agreement and advised that the Urgency Ordinance had been presented to the Authority. C/Ansari asked if C/Miller would be the delegate for the January 11, 1995 meeting. CM/Belanger clarified that the meeting is scheduled for January 18. C/Miller stated that he was very pleased with all the paperwork received from the JANUARY 17, 1995 PAGE 11 Wildlife Corridor. C/Miller moved, C/Ansari seconded to approve membership in the Wildlife Corridor Conservation Authority and to direct the Mayor to sign the Joint Powers Agreement. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10. NEW BUSINESS: None. 11. ANNOUNCEMENTS: C/Ansari again announced the Ministerial Meeting at 8:30 a.m. at Heritage Park to help community needs. MPT/Werner announced that C/Ansari is seeking a delegate position with SCAG on Thursday, January 19, 1995 at 6:00 p.m. and asked that the Council be there to support her. 12. CLOSED SESSION: Personnel Session (Government Code Section 54957) re: Consideration of appointment of City Attorney. M/Papen adjourned the meeting to Closed Session at 8:58 p.m. M/Papen reconvened the meeting from Closed Session at 9:45 p.m. and reported that no reportable action had been taken. 13. ADJOURNMENT: There being no further business to discuss, M/Papen adjourned the meeting at 9:40 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk (0./ . u Revised 3/7/95 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 7, 1995 CALL TO ORDER: M/Papen 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 Mayor Pro Tem Werner. ROLL CALL: Council Members Ansari, Harmony, Miller, Mayor Pro Tem Werner and Mayor Papen. Also present were Terrence L. Belanger, City Manager, Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; George Wentz, City Engineer; Jim DeStefano, Community Development Director, Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 INTRODUCED SENIOR VOLUNTEER PATROL MEMBERS 2.2 PRESENTATION OF COMMENDATION - to David Schey for his service on the Parks & Recreation Commission. Continued to February 21, 1995. 3. PUBLIC COMMENTS: Stephen Britt, Chairman of the D.B. Citizen Technical Sub -Committee for the MRF Project, requested that the City honor the D.B. Country Club and Casa OBrien's Restaurant for providing a meeting place, beverages and service to Committee members during review of the environmental impact report. Jason House and brothers, 2536 Harmony Hill Dr., submitted a petition containing 360 signatures from students requesting Roller Hockey be included in the Parks & Recreation program- MPT/Werner advised that Roger Skinner, Principal of Chaparral Middle School, was coordinating with staff for preparation of a Roller Hockey program. Mr. House advised that the school Roller Hockey program is for the students, not for the general public. C/Ansari supported making Roller Hockey a regular activity of the Parks & Recreation program. CM/Belanger advised that Pantera Park Phase I includes space for a Roller Hockey rink and that there are plans to construct a rink at the Sunset Crossing cul-de-sac. CSD/Rose advised that the spring recreation brochure will include Roller Hockey. M/Papen referred the petition to the Parks & Recreation Commission and requested that FEBRUARY 7, 1995 PAGE 2 Roller Hockey be a part of the summer program. Red Callan, 240 Eagle Nest Dr., asked for clarification regarding the Council Meeting Rules and stated that the Traffic & Transportation Commission is very polite and professional during their meetings. M/Papen asked ICA/Montgomery if a Council Member could be expelled from the meeting for unruly behavior. ICA/Montgomery stated that any member in the auditorium is a citizen and subject to the same rules. Don Schad, 1824 Shaded Wood Rd., commented on the traffic on D.B. Blvd. due to the opening of Grand Ave. and the wildlife affected by the traffic. He suggested that a toll gate be installed at Grand Ave. from Chino Hills. 4. COUNCIL COMMENTS: C/Harmony announced that Sidewalk City Hall started once again on Saturday, February 5, 1995. He stated that the Council Meeting Rules are too restrictive for the operation of Council meetings. He also commented on the financial findings report and submitted it as a public record. C/Ansari announced that the Business Retention Group met with various businesses in the community to discuss their needs. She advised that networking had begun with other cities regarding business, transportation, etc. She also announced that on Sunday, April 2, 1995 the Friends of the Library will host a wine tasting event at Generations Restaurant, 2:00 p.m. Tickets are available for $20.00. C/Miller announced the Chamber football game score was 28-14 with the City of Walnut winning. M/Papen announced that on Saturday, February 11, 1995, the D.B. Chinese Assn. will celebrate their New Year's Festival at D.B. High School, 10:00 a.m. - 1:00 p.m., with free admission. She also announced that on Saturday, February 18, an African-American Cultural Day Fair will be held at Heritage Park, 11:00 a. m. - 6:00 p.m. She stated that she met with the Ministerial Assn. and it was suggested that the Council consider putting prayer back on the agenda and asked the Council for any objections. She advised that the new Council Meeting Rules were submitted to each Council Member prior to the meeting and no comments had been received. She requested that on the next Council Agenda, a motion of censorship be approved against C/Harmony in response to the continued public allegations that he makes. MPT/Werner and C/Harmony objected to placing prayer on the Agenda. C/Ansari advised that staff had a hard time getting ministers to come to Council meetings to perform invocations. FEBRUARY 7, 1995 PAGE 3 MPT/Werner requested that the Council Meeting Rules be placed on the Agenda. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CITY -ON-LINE TECHNICAL ADVISORY COMMITTEE - February 8, 1995 - 7:00 p.m., City Hall Conference Room, 21660 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - February 9, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION MEETING - February 13, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL GENERAL PLAN HEARING - February 13, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 PRESIDENTS HOLIDAY - February 20, 1995 - in observance, City Offices will be closed. Will reopen February 21, 1995. 5.6 CITY COUNCIL MEETING - February 21, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 PARKS & RECREATION COMMISSION - February 23, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Miller moved, MPT/Werner seconded to approve the Consent Calendar with removal of items 6.8, 6.9 and 6.13. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/ Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVAL OF MINUTES: 6.1.1 Regular meeting of December 6, 1994 - approved as submitted. 6.1.2 Special meeting of December 19, 1994 - approved as submitted. 6.2 Parks & Recreation Meeting Minutes - Regular Meeting of December 15, 1994 - Received and filed. 6.3 Approved Voucher Register dated February 7, 1995 in the amount of $940,033.94. 6.4 Reviewed and approved Treasurer's Report for December, 1994. 6.5 Rejected Claim for Damages filed by Liberty Mutual Insurance Company on January 11, 1995 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.6 ADOPTED RESOLUTION NO. 95-05: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND FEBRUARY 7, 1995 PAGE 4 SPECIFICATIONS FOR THE CONSTRUCTION OF HANDICAP ACCESS RAMPS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.7 ADOPTED RESOLUTION NO. 95-06: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AUTHORIZING AND DIRECTING THE CITY CLERK, ON BEHALF OF THE CITY OF DIAMOND BAR, TO ACCEPT THE OFFERING OF THE EASEMENT DEEDS LOCATED ON SHADOW CANYON DRIVE AT DIAMOND BAR BOULEVARD AND DIRECT THE CITY CLERK TO RECORD THE EASEMENT DEEDS. 6.10 APPROVED ADDENDUM TO THE AGREEMENT FOR SALES TAX AND INFORMATION SERVICES - ITinderiker, De Llamas & Assoc. to provide sales tax audit and information services. 6.11 AWARDED CONTRACT FOR PURCHASE AND INSTALLATION OF A PICNIC SHELTER AT PETERSON PARK - to Bill Theo Construction Co., the lowest responsive bidder, for construction of a picnic shelter at Peterson Park in the amount of $14,399, plus an additional amount not to exceed $721 to serve as a contingency. 6.12 CONFIRMED SELECTION OF GARY H. WERNER AS MAYOR PRO TEM. . 6.14 PURCHASE OF PROPERTY - approved and ratified the City's prerogative to acquire subject property through first right -of -refusal, pursuant to California Revenue & Taxation Code and approve the expenditure of $8,040, plus related costs. Said property is utilized as a neighborhood "pocket park" adjacent to Summit Ridge Park and is maintained by Landscape Maintenance District No. 39. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 REQUEST FOR PROPOSAL FOR DIAL -A -CAB SERVICES - CM/Belanger reported that pursuant to Council's request on December 19, 1994, a Request for Proposal for Dial -A -Cab services to replace current Dial -A -Ride services was created for transportation services for senior citizens and the physically challenged. C/Harmony moved, C/Ansari seconded to approve the Request for Proposals for Dial -A -Cab services. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.9 REQUEST FOR PROPOSAL FOR RECREATION SERVICES - In response to C/Harmony, CM/Belanger explained that the proposed contract is for one year and that for the past three years, the City of Brea has contracted with D.B. to provide FEBRUARY 7, 1995 PAGE 5 recreation services. He commended Brea on their high quality service and professional conduct. C/Harmony moved, C/Ansari seconded to direct staff to dispense with the RFP process and negotiate with the City of Brea for a contract to provide recreation services. Further, staff was directed to complete a proposal for provision of recreation services with in-house staff. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.13 APPROPRIATION FOR CONTRACT CITIES ASSN. DINNER - MPT/Werner asked why the cost is $3,200 when C/Harmony requested $2,000 and expressed concern that there is no breakdown of monies expended. CM/Belanger reported that this is an estimated amount for providing dinner and that the breakdown for meals is $2,500 for 125 people with the balance for incidentals. C/Miller stated that C/Harmony suggested $2,000 would be a maximum for this hosted dinner and asked C/Harmony why this amount is now $3,200. C/Harmony stated that he is not involved with the dinner and that they should ask the Mayor. M/Papen advised that C/Harmony is the City's representative and it was his invitation for the dinner. She explained that 125-150 elected officials are expected to participate and coffee mugs will be given. C/Ansari advised that she attended the planning meeting for this dinner because C/Harmony was not available. C/Harmony moved, C/Ansari seconded to approve the expenditure of $3,200 for hosting of the California Contract Cities Assn. dinner on February 15, 1995. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARING: None OLD BUSINESS: FEBRUARY 7, 1995 PAGE 6 8.1 WILDLIFE CORRIDOR - C/Miller reported that he attended a meeting on January 18 as the City's delegate and the City's proposed changes to the agreement were acceptable to the other cities except changes to Section 3.2. Don Schad, 1824 Shaded Wood Rd., advised that he was also in attendance at that meeting and requested that the Council approve the JPA quickly in order to preserve wildlife areas. Max Maxwell, 3211 Bent Twig Ln., also indicated that he attended the meeting and commented that the Council needs to be involved. He stated that C/Miller advised the Authority that he would have a special meeting to discuss the matter. C/Ansari recommended that Don Schad be the alternate. M/Papen advised that the application process has been out to the public for thirty days and the two positions were selected by the Authority. MPT/Wemer advised that it would not be appropriate and would violate the Brown Act if C/Miller were to ask that this item be added to the General Plan agenda. He asked staff that if Section 3.2 were deleted, what kind of protection would the City have to accomplish the objectives and make certain that protections were in place. ICA/Montgomery advised that Section 15 allows the City to withdraw upon a 90 day notice. MPT/Werner asked if Section 15 gives the same protection as withdrawal from the agency. ICA/Montgomery advised that this would be a sufficient enough tool to negotiate a boundary because if the City withdraws entirely, the Conservancy would get no boundary within the community. In response to MPT/Werner, CM/Belanger advised that if the City decided not to become a member of the Authority, the JPA carries the rights of the State of California and the State can purchase any land for the Authority. He advised that if the City were a member of the Authority, without Section 3.2, the General Plan and zoning process is one of the few Council prerogatives available in order to make it less attractive to purchase land in the City. MPT/Werner stated that he would like to have seen Section 3.2 approved by the Authority; however, he was not sure that the loss of that provision is a significant loss to the City's economic development program. C/Harmony commented that the program is for animal migration corridors from Whittier to the Cleveland National Forest and that it is important that the City join. FEBRUARY 7, 1995 PAGE 7 C/Miller advised that he shared MPT/Wemees concern regarding eminent domain and that he had suggested discussion of the matter during the General Plan meeting because there was not enough time otherwise to discuss the issue. C/Harmony clarified Mr. Maxwell's comments that C/Miller should have a special notice attached to one of the General Plan meetings. M/Papen expressed concern about the misrepresentations to the Council by the Executive Director of the JPA indicating that there are plans for the corridor but the City is not allowed to review them. C/Miller moved, C/Ansari seconded to approve the Joint Powers Agreement without proposed Section 3.2 and to approve membership in the Authority. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS: M/Papen recessed the meeting at 8:07 p.m. RECONVENE: M/Papen reconvened the meeting at 8:15 p.m. 8.1 WILDLIFE CORRIDOR (CONTD.) - C/Ansari asked that the representative ask for the Authority's budget and plans. M/Papen advised that they have already submitted their budget and they have only allotted $2,000. 8.2 COMMITTEE APPOINTMENTS - M/Papen advised that there are two standing committees: Finance (served by Mayor and Mayor Pro Tem) and Industry MRF (served by C/Ansari and C/Harmony). C/Ansari requested that Friends of the Library be added to the Committee List with herself appointed as Council Liaison. M/Papen added two Ad Hoc committees: Renewal of Cable TV Franchise (served by Mayor and Mayor Pro Tem) and City -On -Line (served by Mayor and Mayor Pro Tem). C/Harmony proposed C/Ansari and himself be appointed to the Wildlife Corridor Conservancy Authority. He stated that because of the professions and past controversies of CftvMer and MPT/Werner, that these two Council Members should not be a part of this Committee. C/Ansari was disappointed that MPT/Werner and C/Harmony were not part of the Wildlife Committee. She also stated that C/Miller has done a fine job and that she would like to see C/Miller and C/Harmony work together on this Committee. FEBRUARY 7, 1995 PAGE 8 C/Miller advised that if there is ever a conflict of interest, he will remove himself from the Committee. MPT/Werner reported that he is a consultant with the City of LaHabra Heights; however, it was discussed with the other cities and it does not appear that there is a conflict of interest. He also indicated that if there is any conflict of interest, he would resign from the Committee. CWiiller moved, MPT/Wemer seconded to approve the Committee Appointments as presented by Mayor Papen including the addition of the Friends of the Library and Cable TV and City -On -Line Ad Hoc Committees. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - Harmony ABSTAIN: COUNCIL MEMBERS - Ansari 8.3 ORDINANCE NO. 02 (1995) - AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20 (1989) AND 20A(1989) - ACM/Usher reported that since the City's incorporation in 1989, staff has conducted purchasing procedures under Ordinances No. 20 and 20A. As the result of concerns expressed regarding purchasing, the proposed Ordinance would provide improved format, definitions, policies regarding purchase orders, etc. RECESS: M/Papen recessed the meeting at 8:37 p.m. RECONVENE: M/Papen reconvened the meeting at 8:43 p.m. 8.3 ORDINANCE NO. 02(1995) (CONTD.) - Terry Birrell expressed concern that had not been addressed by staff and registered an objection that the Ordinance was not included in her packet and that normal notification needed to be given. She commented that this Ordinance was drafted without a complete understanding or implementation of internal accounting controls. She reviewed several items in the Ordinance and requested that an outside service review it. M/Papen suggested that a motion be made to approve the Ordinance, and once made and seconded, each line item could be discussed. MPT/Werner stated that the information Ms. Birrell presented identified a cost breakdown of payments made to several vendors. He advised that these contracts were approved by the City Manager with the legal authorization provided by the City's former attorney. He asked ACM/Usher to comment on Ms. Birrell's concerns of Section 3.24.050 Requisitions. ACM/Usher advised that the provision requires the purchasing agent to review each FEBRUARY 7, 1995 PAGE 9 requisition and enables him/her to question its propriety in view of budgetary and other concerns. He reported that the Ordinance was reviewed by Moreland & Assoc. who indicated that it contains sufficient controls. MPT/Werner asked if a statement can be added to Section 3.24.060 to further explain it. CM/Belanger read the added statement for Section 3.24.060. In response to M/Papen, CM/Belanger advised that real property is governed by State Statute and are not typically found in a purchasing ordinance. He advised that there is an entire body of law of how the City purchases and sells property. C/Harmony commented that the Ordinance is only to show accountability for City staff and clarified several issues dealing with open-ended vendor contracts. M/Papen advised that if any Council Member had suggestions, corrections or revisions, they should be submitted prior to the next meeting. MPT/Werner moved, C/Mller seconded to approve for first reading, by title only, and waive full reading of Ordinance No. 02(1995) entitled: AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20(1989) AND 20A(1989). With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Miller, MPT/Wemer, M/Papen NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 8.4 AB939 COMPLIANCE EVALUATION FOR CALENDAR YEAR 1994 - Michael Huls, Charles Abbott & Assoc., commented on areas in compliance with diversion mandates, their implementation status and what to expect this year. In regard to multi -family complexes, a future agenda will include a recycling program for those families. Actions against centralized facilities will be pursued. M/Papen expressed concern that the permit system required multiple haulers to provide recycling services for multi -family residents by January 1994. Mr. Huls advised that the haulers want to raise their rates for multi -family residents and they are working with them so that their rates remain the same. MPT/Werner questioned the staff report in that the City suffered a 4.7% decrease in the diversion of waste and an increase in green waste. He asked if green waste is mandatory to recycle. Mr. Huls advised that the recycling of green waste is not mandatory, but will become FEBRUARY 7, 1995 PAGE 10 so sometime this year. C/Ansari expressed concern that multi -family dwellings do not currently have recycling programs. Mr. Huls advised that multiple haulers have implemented a number of programs for recyclables for multi -family dwellings. 8.5 STANDARDS OF CONDUCT: COUNCIL MEETINGS; USE OF CITY STATIONARY AND CITY INSIGNIA; COUNCIL MEMBER RELATIONSHIPS; UNAUTHORIZED CONDUCT AND ACTIVITIES - C/Papen reported that she and C/Ansari reviewed the City Council Standards of Conduct and read the proposed Code. Dr. Lawrence Rhodes, Fiber Ct., stated that if Robert's Rules of Order were used by the Council, there wouldn't be the problems that there are. Max Maxwell, 3211 Bent Twig Ln., asked why the Council is considering the Code of Conduct. Steve Nice, Rising Star Dr., asked if this issue would be open for public continent at the next meeting. M/Papen advised that there will be public comments on this issue at the next meeting. Terry Birrell advised that her packet did not include the Code of Conduct and presented several examples of inappropriate Council actions. Tom Van Winkle asked if the Code of Conduct includes Council Members outside the forum wearing City badges. C/Ansari commented on Terry Birrell's point of broader focus and she suggested obtaining other cities' Codes of Conduct for comparison. C/Harmony suggested several items that should be discussed at the next meeting in regard to the Code of Conduct. He asked if the City Attorney reviewed the Codes of Conduct and requested M/Papen to explain item in the proposed Code. Continued to February 21, 1995. 9. NEW BUSINESS: 9.1 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING STOP SIGNS AT THE INTERSECTING LEGS OF THE RESIDENTIAL T -INTERSECTIONS OF COLD SPRING LANE AT BARBI LANE, COLD SPRING LANE AT AMBUSHERS FEBRUARY 7, 1995 PAGE 11 STREET, CLEAR VIEW CREST DRIVE AT ROCK RIVER ROAD, AND GOLD RUN DRIVE AT RUNNING BRANCH ROAD - CE/Wentz reported that if the Resolution was adopted, it would authorize installation of four stop signs to enforce traffic to yield. Max Maxwell, 3211 Bent Twig Ln., stated that he was in favor of the Resolution; however, he was concerned that he had not heard about this proposal sooner. C/Miller moved, MPT/Werner seconded to adopt Resolution No. 95-07 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING STOP SIGNS AT THE INTERSECTING LEGS OF THE RESIDENTIAL T -INTERSECTIONS OF COLD SPRING LANE AT BARBI LANE, COLD SPRING LANE AT AMBUSHERS STREET, CLEAR VIEW CREST DRIVE AT ROCK RIVER ROAD, AND GOLD RUN DRIVE AT RUNNING BRANCH ROAD. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.2 TEMPORARY APPOINTMENT TO PARKS & RECREATION COMMISSION - C/Ansari announced that David Schey resigned from the Parks & Recreation Commission. She appointed Annette Finnerty, a former commissioner for the American Youth Soccer League, she has two children. C/Ansari proposed that Annette Finnerty be appointed to fill the unexpired term of David Schey who resigned from the Parks & Recreation Commission. Council concurred with this temporary appointment. 9.3 REDIRECTION OF CITY INVOLVEMENT IN MULTI -CULTURAL MATTERS - MPT/Werner and C/Ansari requested that the Multi -Cultural final report dated November 1994 be accepted and allow Council to deliberate on the report for any further action necessary. Dr. Lawrence Rhodes, Fiber Ct., felt that the committee was necessary because of the diverse cultures in this community. C/Ansari advised that the Ad Hoc Committee is a good idea and should be readdressed in the future. She thanked ACM/Usher who attended all of the meetings. C/Harmony was concerned about why the committee failed to put together a valid program given the many different cultures in the community. He suggested that the Council seek renewal of the approach and make sure that programs are in place to bring together all cultures. FEBRUARY 7, 1995 PAGE 12 M/Papen asked C/Harmony to make written suggestions as to implementation of the program. 10. ANNOUNCEMENTS: M/Papen announced the resignation of Lou Esposito, Traffic & Transportation Commission effective March 1, 1995. She announced that applications could be sent to the City Clerk to fill this vacancy. 11. ADJOURNED: To Closed Session at 10:13 p.m. for discussion of - Personnel (Government Code Section 54957) re: Consideration of appointment of City Attorney 12. RECONVENE: M/Papen reconvened the meeting from Closed Session at 10:30 P.M. No reportable action taken. 12. ADJOURNMENT: There being no further business, M/Papen adjourned the meeting at 10:32 p.m. to February 13, 1995 at the hour of 10:30 a.m. at City Hall for Closed Session for Personnel (Government Code Section 54957) re: Consideration of appointment of City Attorney. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT BOARD HEARING ROOM JANUARY 26, 1995 CALL TO ORDER Chairman Goldenberg called the meeting to order at 7:07 p.m. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Vice Chairman Ruzicka. ROLL CALL Present: Chairman Goldenberg, Vice Chairman Ruzicka, Commissioners Tye and Medina. Staff: Community Services Director Bob Rose Recreation Supervisor Marla Pearlman Parks and Maintenance Superintendent Don Hensley Absent: None MATTERS FROM THE AUDIENCE None CONSENT CALENDAR VC/Ruzicka moved, seconded by C/Tye to approve the Consent Calendar, carried 4-0. 1. Approved Minutes of December 15, 1994. 2. Correspondence received and accepted by the Parks and Recreation Commission. OLD BUSINESS 3. Pantera Park C.U.P. Process - Update - CSD/Rose advised that there was a Public Hearing before the Planning Commission on Monday, January 9, 1995 to discuss the Conditional Use Permit for Pantera Park. He advised that ten significant issues were raised by the Planning Commission and that staff would be responding to them within the next 30 days. He also advised that the January 26, 1995 Page 2 C.U.P. could not be approved at the January 9, 1995 meeting due to an environmental study that was done that required more time for public review. CSD/Rose also advised that an update of the traffic study is being required. C/Tye asked if these ten concerns were addressed at the Community input workshops conducted by the Parks and Recreation Commission, and, if they were, why did the Parks and Recreation Commission go through that process if the same questions were going to be asked by the Planning Commission? CSD/Rose advised that staff, public, and the Commission held a "scoping session" to come up with a good plan. He stated that the Planning Commission's job is now to review that plan to make sure that it is the best plan to serve the entire community. The Planning Commission will go through a similar process as the Parks & Recreation Commission went through to decide what the best plan is for that site. VC/Ruzicka expressed his frustrations with the Planning Commission for asking the same questions of issues already raised and answered by the Parks and Recreation Commission. CH/Goldenberg stated that each of the Commissioners should discuss these frustrations and issues with their City Council contacts in order to help resolve their concerns. CSD/Rose stated that the C.U.P. Public Hearing before the Planning Commission was continued to Monday, February 27, 1995 at the AQMD Auditorium. 4. Application for C.D.B.G. Funds - Update- CH/Goldenberg advised that the grand request for A.D.A. Retrofit in parks was funded for $100,000, not the $150,000 that was requested. He advised that the funding was cut back approximately 1/3 due to a lack of available funds compared to all the requests that were submitted. The Commission will have to address project priorities for the $100,000 that was funded at a future Commission meeting. C/Medina asked if there are any unallocated funds. CSD/Rose stated that there are additional unallocated funds. The City Council January 26, 1995 Page 3 has the authority to allocate these funds at their discretion. CSD/Rose also stated that staff believes the Senior Program will require funds for items that can not be charged to C.D.B.G. It is staffs intention to submit a request for these funds during the 1995/96 budget process. CH/Goldenberg asked if these additional funds would come from the General Fund and Prop A ? CSD/Rose advised that the additional funds would come from the General Fund and Prop A. C/Medina asked if "Meals on Wheels" are a part of CDBG. CSD/Rose advised that "Meals on Wheels" is conducted by a private agency and is not offered by the City of Diamond Bar. He also stated that the City was fully funded for the Senior Program with $20,000. C/Tye asked how the City Council determined that they had $100,000 and not the $150,000 requested by this Commission. He also asked how this will impact the retrofitting of the parks. CSD/Rose advised that there were two requests for that money 1) Public Works Department in the amount of $430,000 for handicap sidewalk access and 2) Parks & Recreation in the amount of $150,000, which totalled $580,000. There was only $318,000 available. Both request were funded for lesser amounts than requested. The impact on the retrofitting of the parks is that it will take a longer period of time to retro fit all of the City's parks. With Consensus by the Commission, this item Received and Filed. 5. Resource Management Element of the General Plan - Update - CH/Goldenberg stated that prior to his departure from the Commission, C/Schey presented a suggested list of modifications for the Resource Management Element to the City Council for consideration for the Draft General Plan. The majority of the suggestions were accepted by the City Council. With Consensus by the Commission, this item was Received and Filed. January 26, 1995 Page 4 NEW BUSINESS 6. R.F.P. For Recreation Services - CH/Goldenberg advised that the Brea Contract for Recreation Services will expire April 30, 1995. CSD/Rose stated that the RFP before the Commission is required because the Recreation contract is over $10,000. He advised that a recommendation could go to the City Council that the RFP not be distributed widely but that it be limited to the City of Brea and to an "in-house" proposal. CH/Goldenberg asked if the City Council could come back at a later date saying that distribution of the RFP was limited and that not enough proposals were received? CSD/Rose advised that City Council approval is required because the Recreation Contract is over $10,000. But, with City Council approval, there is an exception to competitive bidding if it involves an agreement with another governmental agency such as the City of Brea. Therefore, with City Council approval, competitive bidding is not required. C/Tye asked if the other entities interested in bidding were in the past, and if these entities are interested now. CSD/Rose advised that these entities were interested in the past, however, they are aware that the City of Diamond Bar is happy with Brea. VC/Ruzicka expressed that he is very happy with the work of Brea and 'the programs that have been implemented. He also stated that if we do go in- house he hopes that these programs do not change. Ted Owens, Community Services Manager for the City of Brea expressed his happiness with the Recreation Contract and working with the City of Diamond Bar. He stated that the City of Brea enjoys working with Diamond Bar, and that the cities have established a good working relationship, with high standards for service. CH/Goldenberg advised that he is extremely happy with their service and stated that Brea's staff is dedicated, cooperative and super people. He asked what January 26, 1995 Page 5 kind of ideas does the City of Brea have that would help to expand our programs to more users and what ideas would Brea have to improve the programs. RS/Pearlman stated that beyond what is listed in the RFP, there are other programs that are considered for the 1995/96 fiscal year. 1) Breakfast with Santa; 2) Iddy-bitty soccer; 3) Mid week evening adult basketball; 4) Expansion of Tiny -Tots. CH/Goldenberg recommended more emphasis on the marketing of these programs, i.e., Jones Intercable. RS/Pearlman advised that she has talked with Joe Dunn at Jones Intercable requesting the City's schedule be placed on the scroll. He is still working on it. C/Medina advised that channel 12 is also a good way to announce the City's programs. VC/Ruzicka stated that he has had an experience with Jones Intercable in that he waited a long time for a response, but once they respond things get done and they are very cooperative. Ted Owens stated that the City of Brea is working with the Brea Communication Marketing Staff to identify some areas that he might be able to tap into in order to enhance the visibility of the recreation programs in the community. CH/Goldenberg reiterated a word of thanks to the City of Brea. CSD/Rose advised that the marketing issue is in the RFP for review. C/Tye asked if marketing was not an issue prior to this RFP. CSD/Rose advised that all of the marketing items in the RFP are being done at this time; however, staff would like to hear additional marketing ideas from the contractor. CH/Goldenberg asked once all of the responses to the RFP's are received, will they be brought back to this Commission prior to going to the City Council for January 26, 1995 Page 6 final approval. CSD/Rose advised that prior to going to City Council, a Parks and Recreation Commission sub -committee will be involved in negotiations. He advised that the RFPs are not due until March 9, 1995. Therefore, a sub -committee can be decided at the next Parks & Recreation meeting. He stated that the Proposals need to be presented to the City Council by April 4, 1995. C/Medina asked when the Commission could review the "in-house" RFP. CSD/Rose advised that the in-house proposal will be available on March 9, the same due date for all other proposals. VC/Ruzicka moved, seconded by Cffye to recommend to the City Council that the release of the R.F.P. for Recreation Services be limited to the City of Brea and to the consideration of an "in-house" proposal in accordance with Ordinance 20, Section 31. This motion carried 4-0. 7. Proposal for Summer Day Camp Program - CSD/Rose reported on a proposal for a Summer Day Camp program at Sycamore Canyon Park starting this Summer for elementary school age children. CSD/Rose advised that the total day camp budget as proposed, is estimated at $34,000. Revenue expected from fees from the participants is estimated at $28,480. He also advised that it is possible to increase the revenue further by making major excursions that are offered by the day camp available to the public for an estimated additional revenue of $250.00/week. He also advised that Prop A funds are used in this program. C/Tye asked if this program is a 1) week to week sign-up; 2) Ages consist of 6- 12; 3) How will the excursions generate the revenue; 4) Are the parks used during this day camp program closed to the public during day camp hours; 5) How does this day camp limit the liability. CSD/Rose advised that 1)day camp sign-ups are week to week; 2) the ages are from 6-12; 3) ten additional sign-ups for excursions can be taken each week with no additional staff costs; 4) the parks are not closed; 5) there is 1 staff person per 10 children and the children are under constant supervision. January 26, 1995 Page 7 CH/Goldenberg asked what funding is used in this program. CSD/Rose advised that the primary funding is General Fund money, with some support for excursions with Proposition A funds. C/Tye stated that this program is suppose to support itself with subsidy from the Prop A monies. VC/Ruzicka moved, seconded by C/Medina to recommend to the City Council that the Proposal for Summer Day Camp. Program be included in the R.F.P. C/Tye asked where the money is made up if there are no extra sign-ups for the excursions. CSD/Rose advised that it will come out of the General Fund monies. This item carried unanimously 4-0. 8. Proposed Expansion for School Year Tiny Tots Program - CSD/Rose advised that the City of Diamond Bar is running this program with 12-13 people on a waiting list to get into Tiny Tots. CH/Goldenberg asked if these participants are all Diamond Bar residents. CSD/Rose advised that the majority are Diamond Bar residents. VC/Ruzicka moved, seconded by C/Tye to recommend to the City Council that the Proposal for Expansion for School Year Tiny Tots Program be included in the R.F.P. Item carried unanimously 4-0. 9. Facilities Use Policies - Recommended Action #1: Add "E" Residency Requirements to Section I - CSD/Rose advised that a letter dated January 17, 1995 requesting fee waiver for use at Heritage Park was received from Boy Scout Troop 737. He advised that the City Council seemed interested in having youth non-profit organizations receive free use of that facility. A refund for fees charged for a use in December, 1994 was approved on the warrant register. He stated that staff has January 26, 1995 Page 8 proposed revising the Facility Use Policies to provide City support of the non- profit youth serving organizations in Diamond Bar. He advised that staff developed the revision to the Facility Use Policies regarding Community Use and that staff recommends action #1. In order to maintain the current level of revenue supplied by these facilities, there are restrictions on the days that non- profit organizations can use the facility for free. CH/Goldenberg stated that this item needs to be referred to our City Attorney because the State constitution will not allow us to rent this facility out for "free" to one organization and charge another. CSD/Rose advised that the City Attorney has not seen this proposal yet. VC/Ruzicka asked when this was discussed originally, weren't all non-profit organizations considered. CSD/Rose advised that it was finally determined that user -groups that were non-profit organizations would get free use of the lights and athletic facilities, however, one-time or out of town users would have to pay the $8.00 light fee. C/Tye recommended that this item go back to the City Attorney for his review and recommendations. C/Medina asked if this policy needs an effective date for any refunds. CSD/Rose advised that the date that this policy is adopted by City Council would be it's effective date. He also advised that there is a request for waiver of fees for Boy Scout Troop 737's use of February 11, 1995 and staff would entertain a recommendation. CH/Goldenberg advised that until the Commission gets clarification on recommendation number 1, it will not be acted upon. C/Tye recommended that the Commission decline the request for the waiver of fees for Saturday, February 11, 1995. He stated that if this fee goes to an individual to open and lock up the facility, then it should be charged to cover those city charges. January 26, 1995 Page 9 VC/Ruzicka stated that the City Council has given some indication that they agree with the free use for non-profit organizations and asked if the Commission is in a position to deny this request. CH/Goldenberg stated that this Commission is assigned a budget by the City Council and any expenditures above and beyond that have to be off -set by additional funding. C/Tye stated that if the citizens want this type of program, then they need to know the impact on the budget this will cause. VC/Ruzicka expressed a concern that if the Commission denies this request, when the City Council is all for it, then the Commission looks non-responsive to the needs of the community. He asked if the City Council meant for this item to be a one time proposition or did they mean for this to be a policy. CSD/Rose advised that the City Council came across with an indication that they felt that charging a Boy Scout Troop for the use of a city facility was inappropriate. VC/Ruzicka expressed his desire to make this a positive issue because of the organizations that are involved. CH/Goldenberg reiterated that this issue will go back to the City Attorney for further review and asked if the Commission could also recommend to the City Council that each individual case can be reviewed on its own merits. CSD/Rose advised that the Facility Use Policies do allow variances to be considered on a case-by-case basis. C/Medina recommended that the fee should remain, however decrease the fee to a very minimal charge. Recommended Action #2: CSD/Rose advised that there has been a tremendous increase in the number of groups seeking the use the city's athletic facilities. He also advised that compared to last fiscal year, the City has had a 40% increase in the number of requests from organized users for athletic facilities. He stated that staff has a desire to abide by the Mission Statement January 26, 1995 Page 10 that we are here to serve the Diamond Bar community and to ensure our residents get priority. CSD/Rose recommended that we tighten up the policies for use of the facilities from outside residents. He recommended that a residency requirement be established for the participants in the program. When an organization meets the residency requirements then they remain eligible as a user group. However, if they cannot prove that they meet the residency requirement they are not eligible. He also suggested the implementation of a fee of $3.00 per hour for use of athlete facilities for organizations that do not meet the residency requirements. VC/Ruzicka stated that during the user -group meetings, there were comments that the City of Diamond Bar has been very accommodating to non-resident users. CSD/Rose also stated that in addition to a $3.00/hour fee for facility rental, an $8.00/hour fee will be charged for any lighting. C/Tye asked if these charges cover the electric bill. CSD/Rose advised that the last evaluation of electrical costs came back at $8.00/hour. C/Tye asked if the $3.00mour fee is enough of a deterrent for non-resident organizations. CSD/Rose stated that on page 6 of the User Group Document, there is a list of priorities for qualifying user groups. Priority is always given to the Diamond Bar organizations. CH/Goldenberg stated that the Commission should wait before taking action on this matter until the input of the new Commissioner is heard. CSD/Rose recommended to the Commission that this item be held over until the next meeting. C/Tye moved, seconded by C/Medina to recommend item #2. Motion carried unanimously, 4-0. Item #1 was carried over to -a future meeting. January 26, 1995 Page 11 10. Parks and Recreation Commission Priorities for the 1995196 Fiscal Year - CSD/Rose recommended that an ad hoc committee be created and for the ad hoc committee to meet with staff for recommendations on the priorities for the 1995/96 Fiscal Year budget. CH/Goldenberg recommended that the ad hoc committee consist of CH/Goldenberg and C/Tye. VC/Ruzicka commented that the Parks Master Plan should be a number one priority. VC/Ruzicka moved, seconded by C/Medina that the ad hoc committee meet with staff for discussions of priorities for the 1995/96 fiscal year. Motion carried unanimously, 4-0. 11. Sixth Anniversary Celebration - CH/Goldenberg advised that C/Medina chaired this committee last year. VC/Ruzicka nominated C/Medina as Chairperson for the committee. C/Medina accepted the nomination. C/Tye nominated VC/Ruzicka as the Co -Chairperson for the committee. VC/Ruzicka declined. CH/Goldenberg recommended that the Co -Chairperson nominations wait for the new Commissioner member. He also asked C/Medina to present at the next Commission meeting any ideas or thoughts for the Sixth Anniversary Celebration. CSD/Rose advised that this event is confirmed for Sunday, April 30, 1995, Peterson Park, 1:00 p.m. - 5:00 p.m. and that this celebration is open to the public and will include many free activities for the children to do. Medina commented that there are many ethnic dance groups that are willing to be included in this event. January 26, 1995 Page 12 CSD/Rose advised that the current budget allocation for this event is $1,500. There is a request going before City Council to double that allocation. He also advised that the City of Brea staff will present a proposal to conduct this event. 12. Damage in Parks due to Recent Winter Storms - PMS/Hensley reported that the Heritage Park Community Center's roof leaked during the last storm. He advised that FEMA estimated the cost to stop the leaks to be $10,000. PMS/Hensley also advised that at Sycamore Canyon Park, the natural drainage stream was damaged at the cemented bends. OES and FEMA estimated the repair work for this area to be $150,000. CH/Goldenberg asked if the cost at Sycamore Canyon Park would include new gunite on the stream banks? CSD/Rose advised yes, the gunite would be included. CSD/Rose added that the Contractors who originally did the work at Heritage Park Community Center are working with staff to correct the problems: It appears that water is leaking over the flashings and the flashings may need to be replaced. CH/Goldenberg asked staff to make sure that when the contractor corrects these problems, that the warranty contract be extended to cover the new work. CSD/Rose advised that there were leaks last year and the contractor took care of those leaks. He advised that the contractors are trying to rectify the problem and the contractors indicated that they would stay with it until they are resolved. CH/Goldenberg recommended that this item be received and filed. INFORMATIONAL ITEMS 13. Parks and Recreation Commission Meeting Schedule - CSD/Rose provided a handout with the 1995 meeting schedule. 14. Larkstone Park - CSD/Rose stated that staff . has responded to a letter received from Los Angeles County concerning the fact that the land set aside for Larkstone Park has been covered by the Walnut Valley School District in the development of Southpoint Middle School. A meeting has been set-up with the School District to discuss the need for a land swap to resolve this issue. January 26, 1995 Page 13 CH/Goldenberg expressed his concern that not enough pressure has been put on the Walnut Valley Unified School District. The community does not have this park site due to the school district's actions. CSD/Rose stated that he would report back to the Commission with the results of his meetings with the school district. 15. Recreation Up -date a. Contract Classes-RS/Pearlman advised that the contract classes are underway for the Winter session. Walk-in registration was conducted on Saturday, January 14 at the Sycamore Canyon portable building. b. Athletics- RS/Peadman advised that Youth Basketball is underway, however games were rained out twice but will be made up at the end of the season. Team pictures were taken on January 21. She advised that the round -table - player of each game will be donated by Round Table Pizza. A certificate good for a pizza will be presented to one player from each team after every,game. She stated that the City of Brea will be purchasing a Hewlett Packard Laser Jet 4 Printer for the Recreation staff at Sycamore Canyon Park. She advised that Ray Moore, Athletic Director for Diamond Bar High School, has been contacted for use of the gymnasium for adult basketball and volleyball for the Spring leagues. She also advised that Lorbeer Junior High School's facilities will be secured for the use of adult volleyball. She stated that the City of Brea will be submitting a proposal to conduct the 6th Anniversary Celebration. ANNOUNCEMENTS: C/Tye expressed his distress at losing C/Schey from the Commission. He stated that each resident needs to be pro -active in shopping in our town. He announced that a new sporting goods store opened in Diamond Bar recently, called Pro -Sports, which is owned by Tom and Shirley Sauer. VC/Ruzicka also expressed his disappointment with C/Schey's resignation. He stated that he is very optimistic for the coming year and for a better relationship with the City Council. C/Medina stated that he also is very disappointed with C/Schey's resignation. CH/Goldenberg asked CSD/Rose if the Commission can create an ad hoc committee to review the proposals received in response to the R.F.P. for Recreation Services prior to them being agendized. January 26, 1995 Page 14 CSD/Rose advised that an ad hoc committee would be appropriate. CH/Goldenberg announced that on Tuesday, 01/31/95 he will be "arrested" for the Muscular Dystrophy Lock -Up fundraiser at the Diamond Bar Honda. He also asked that the Commission's name plates be replaced. ADJOURNMENT: At 9:46 p.m., it was moved by VC/Ruzicka, seconded by C/Tye and carried unanimously 4-0 to adjourn the meeting. City of Diamond Bar I N T E R O F F I C E N E M O R A N D U N TO: Mayor Papen and Mayor Pro Tem Werner FROM: Linda G. MagnusonAccounting Manager SUBJECT: Voucher Register, March 7, 1995 DATE: February 28, 1995 Attached is the Voucher Register dated March 7, 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 March 7, 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 $437,463.17 112 Prop A - Transit Fund 17,983.00 118 Air Quality Improvement Fund 2,118.61 138 LLAD #38 Fund 3,648.80 141 LLAD #41 Fund 3,336.85 250 CIP Fund 17.805.48 TOTAL ALL FUNDS $482,355.91 APPROVED BY: Linda G. Mag on Accounting Manager errence L. Belanger City Manager Phy lis E. Papen Mayor P:!JN TIME; 16:47 i S T L P AGE DUE THRU............. fit.,;;J, VENDOR NAME VENDOR ID. PGE='RIL ACCOUNT P'RDJ,TY-NO BATCH PO.LINE;NO. ENTRY DUE INt1C.,iCE DESCRIPTION AMOUNT BATE CHEC'::: ------------------------------------------------------------=---------------------------------------------------------------------- AT � T AT&I. AT a. sv:-, 41± i}- i 5 1 03_=7A _ i:': �7 Accurate Landscape Accurate k1318 -45J3-556-0 2 550;.307'-, "I V_rvr Advanced Construction AdIvanced 06,_. _tJoU'A X11 City xanagementAll Ci* -y Beta AIP"aSeta #t 1-4 3, (11 _ 503;}7A ir1 34 'a u< ' d ti3 07 U54 be :?,eric.an Planning :Assoc AfFIP'I. 7�Asc Yl'j1-4i..-2 1t 1 _'.'7A Vij-J t),,+i'� Aramark: v� t;1-4 , D-,:5 :j 50W7A 01/2'309A 02'j i;t 0:3/07 :34;3 }L Eovs C1ub;iSan Gabriel ,Iv EaysClub t} (1,AO!, ±� 6t -van. A. Stirrat & Assc BryanS�irr ;t11-4551-5'2'2? Si;: 07A 1;1; ;4:} r''�3 Dist fi, e �c-Air 14. S. TOTAL DUE VENDOR --------) 14.82 Lng Dist ='hne Svc-GenGovt 11.11 Tn-AL DUE VENDOR --------i Jai• Main_-Di5t .10 3 F,Qt:,;o ICTAL DUE VENDOR --------) ,640.80 Median-LndscpMaint-GldSpr 14,760.00 TOTAL U!JE VENDOR --------, YrscGr,bSrvcs-1,`C- `4 ` TOTAL DUE VENDOR --------i 2,850.85 TinyTots-Supplies 27.42 - 'i.42ITAL IT AL-UE ,VENDOR --------) 1Meo.iber Renewal, TiTAL DUE VENDOR -------- `30.00 Ja, -Gen Mtg Supplies ?9.i % 'Jan Ora;;iti Removal TOTAL DUE VENDOR --------} 010.00 uaf-Plan Check Svcs ..:IAL E vENDOR---------i *- C t cif D i aro:�d Bar II''++ z�Jl'1 T1��F.� 1:.4* `- _ -,c i i_ U t, .- _ r: h' L 3 c T _. N_E DUE THRL ............. .- 7 ;, .c VENDOR NAME '.ENDOR iL!, ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NC. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHE=': Barker, Nancy 1475 G01-:;72 5 "O"A _ ^?..ii; 1 -4_: Recreation Refurd I, ii TOTAL DUE 'VENDOR --------> 54.00 ostzlaff, Troy +:tz-I.; fT 1 c_03y]r MtgAdvnceConf2/ :_2?41-403f0-230 1„O. )O rC;/.-Tr,ij TOTAL PREPAID AMOUNT ----) TOTAL DUE VENDOR --------) !., : ,LOU 1 50:;ralA ^ Mt Amari o 4- t'C il0 0-3/071-95- -, _�_: TOTAL PREPAII! AMOUNT ----) 12.00 TOTAL DUE VENDOR --------) 0.00 Lang=yin i.a�!tlln A001 -40,40-2325I c.J()...lt.l.•A CrCA ## tg 2/15 7:Q .9” V•,J /0 195 TOTAL -REPAID AMOUNT ----i 2,727.-_ TOTAL DUE VENDOR --------) Layton, Jo- ce *001-4095-1200 1 �- A ).,It7' Il Iii 11, 2 - 1 7 r� 9 Supplies ��i.A. Mt 5u S 96,'77 0`07 ` TOTAL PREPAID AMOUNT ----r ab.'77 TOTAL DUE VENDOR --------) clerk of the Dist. Court -1k:DistCrt X0:1- 111: 1171;: i .,r:.,.,, a i:2,'�_ I,.,/i„ Wi _`,rcl Orde. -- r -,. IE VENDOR --------1 T% �I� ::.-. ColtT,munitv Industries CommIndust '�. f: i-'F_•_cr,_i c _,i=!lila �2/ia:. �' i�(GJ ._, Ja _ LittF.r. rivat8 ,r7JLS --. .� T TAL DUE VENDOR --------) 0,39.44 :� �:, -'a. _ C-rg;neering D&jEngine 5�f7' �' cll: !}7rl fl /`+)ilc ClLj., :; i);i,`(1I 95R'I11()1 L1 nLh;F:'D 1 dg Prmtsl 20-2/17 112,694,:;7 .:L DUE VENDOR --------07 4. o. iept of Transportation DeptTrans - 2 cr.. J,a=07B 0,1/22,0111, "•u 02 28 03/11_)7 i�'•.i 1.2�:-: rr;S , .. } -_�ign,Ma�nt-Oct :!:1111-4511)-DS{,7 4 511}:?11175 0' ;2,201A ,;,,'-,8 03/07 1. 4 6 TrfEignlMalnt-Nov 11 .27 `t c+ cc?6 503 J._- .��, Iil; -)1� r.:•,� ._�>_1 rrfC,,-.n.Mamt-Dec _ 961), `6 -IT DUE VENDOR --------) 2,700.58 O l d u d RUN TIME. 16:47 02/28/95 V O U C H E R 3' E G I S T E R PAGE _ IiuE THRL ......... _ '•� ; _:� VENDOR NAME VENDOR ID. PREPAID ACC13UNT PROU.TX-NO BATCH PO.LINEfNO. ENTRY -DUE 1NVC10E DE}CRIPTIDfid AMOUNT DATE CHEC; ------------------------------------------------------------------------------------------------------------------------------------ :ewan, Lindin & Assoc. Dewar, 001-'2300-1012 1 .56:;0 E 02r'ZC 03;07 DB00-1 EmerCa'.lOut-EN94-59 126.00 T..T i li VENDOR 126, - .�JiA� DUE :--------. :)c1 Diamond Bar Business Asoc I@KsAssoc *001-4,90 -2140 _,.a H _1;.912B :4 R.ert-Suite 17,O-MarchMf 22 5030B 02/1952B p i)',7011-4090-10 8 ;,Mar-CommAreaMaint-Ste 190 69_„)i) TOTAL DUE VENDOR --------) 6,400.80 Diamond Bar Hills Club DBarHills *)r). -4350-214c? Z_._ :{/B +?1; _ 0228 0'1117 30_ W,i, ,_r„prg,.iFa[ili,.yRen_ 1,,10.00 TOTAL DUE VENDOR ---------- 1,710.00 Eastman Inc. Eastman *001-4350-1200 7 50307D 6512088 0ZI28 03/07 3)13706353 5upplies-Comm Svcs 21.37 ♦ 11i - 5(,,37T _u�0:; 68), Jt.b 03,1J7 1374349„, SLippi•i' es-Frk & Re[ *001-4350-1200 8 50307D 6711.'08$ 02i`27-,' 03/07 0127514,33 Supplies -Comm Svcs fi I 001-4090-1200 Cle:'.1 _ _ ._4171) 1:11•iV 64/x,:.,.: —'%�V 021128 �' T x)3/3) L.': ',v. 0137:•:0:,_id Supplies -Gen Govt 1 1.04 )FC;- "ic 1-4C.. 1 c_) 51)33` r 3 1, D �: `^�;8 6_/� t)2 28 ci:3J07 01376165E Supplies -Finance r'F 36.26 z,0: -4c)40 121001 .d1.:.171) 633,1 -ju-j O'arc: 31_/07 O13r841_I Supplies-CCIk: 2.3h *001-4050-1.200 2 51)31)71) 6::;'2!);30 02,128 03/07 0137=:41170 Supplies -Finance 2.66 4050-12.00 1 _li,_ i/D 6r;IlJo6 02/t,: i? /r,0/ Oi,,7' 641l 5upplies-Fiinance % i!-4210-12,00 )1 _ _ - 531.,0,711: i 88 59,.)t• cl .1 2/t_ 31. 0 3j 7 (} } .:p, 13 79,36' 5upplias-Ping 1.J i '1 ,� QC -4510-12100 = 5':?: )71) <2')c' t)2 j;28 03/07 ,) tF, ".1�37'.a-' 1' a- i Sulcp i_s-`ub Wks ' .4. 11()1-409 -1,2 4 50307D 70/2038 021 03/07 0I3:43600 Supplies -Gen Govt 11.75 -4i140-12i? '! 0",% : 3 ; ,r8 03/07 :111:34''i:-: SupN•ii a s-CIk 5.1.4'i. 3001-4510-1200 4 50307D 71/2088 02/28 03/(17 01.;043606 =applies -Pub Wks 11.75 57iL DUE VENDOR -------- 264._0 Engineering-Environmehatl EngbvGeol 311=./U1; l:� _R-- ec e[eview-EN94 L3'..' 1eoTechReview-EN5-67 80,019X001 -2"t0-1012 2 50307B 12/28 03/07 G5i12clA D. -r-'-'L' DUE VENDOR -------` Esposito, Lou EspositoL ?1-455_-4100 =C� 711- 0-- '2Q 3): : Trr Mtg 4c,.i 0 __"L DUE VENDOR --------'r 40.:10 -!tl 'eder,a) Credit Union edltU *001-2110-1612 1 503[;7A 0 / 8 Oaf07 ::a iredit Union Deductns 2,079.75 03/07/95 icio0fQ77_ PREPAID AMOUNT ----) 2,07Q.7 -1 AL DUE VENDOR --------) 0.00 f C i t a D i am., ,d Bar RUN TIME: 16:47 02/28/95 V 0 U C H E R R E G I S T E R PACE 4 DUE T: f " I(,,' 'yam VENDOR NAME VENDOR ID. # PREPAID +� # ACCOUNT PkaU.TK-Na ------------------------------------------------------------------------------------------------------------------------------------ BATCH Pa.LINE/NO. ENTRY/DUE IN4'GiCE DE'oCF'IFTiUN AMOUNT DATE CHE F{::*t Copier Products FKM {?C?1-4QSC;-12�? 2 50307B0126E,:G ?2,`t;; 03/07D,33i Xerox 534.85 TOTAL DUE VENDOR --------} TOTAL 534.85 Federal Reserve Rank FedReserve ", 1 -„ 1 r r 50? r, t:., : 7 Saving6o dD ductn-F'P2 '4 ' 011j. 01" TOTAL DUE VENDOR --------} 100.00 Fields, Elizabeth 1480 *001-3478 2 50'-3778 02:'28 0 3 /07 1335 Recreation Refund 35.00 TOTAL DUE VENDOR --------) ;`• r!t) rFlagship Distributors FlgshpDist *00,-4310 1..0 A 2 50_:07B 0-:;;26,00 02%2, 0, ,?9,8.4 Ccmp:2t_Fiaget-Prks 147.20 *•041-4331-2210 2 503078 0'2/26411 02/28 02.'28 09784 Flag/Rrackts-SycCyn 14.09 *041 -43`3? -1200 4 503,077 01/2t'0j t?t/�?; 02;'2;; 1)97-,4Flag/Bracl;ts-TinyTots 14.09 TOTAL DUE VENDOR --------} 175.46 Flamenbaum, Bruce Flamenbasw;' *601-4210-4100 1 50307C 02,:28 011,07 Ping Com Mtgs-1/9-2' 120.00 TOTAL :SUE VENDOR --------} 120.00 Fong, Franklin FongF *1i-4::10-4:00 _ ..,,__,t,;.: Ping Comm Mpg_ 1119-23 .20 TOTAL DUE VENDOR -------- 120.00 Wt`,II Transit FccthillTr *112-4553-5533., 2 503078 01/2597 02/28 031107 ;372 Feb-TrnstSubsdyPrg-Passes 869.90 ..2 4553 .__. . _:O:3O;B 02112597 .?, Fab-TrnstSubsdy-Fare ?,421.10 TOTAL DUE VENDOR --------} 4,291.00 `ranC6i5e Tax :caro FranchiseT n 56367R 02/28 03,'07 WithhoidOrdr-321448690 50.tk? TOTAL DUE VENDOR --------} 50,00 Franchise Tax Board FranchiseT '.1_x.1 i,, 'l +), �...;-1P>09 Ci'=f1� B ". �_ y 7 i,,lt?; ld l51•l.: 0'R-.8 Wi:hno . ardr-..,�_s,U:,_ iati 1 1C..y., TOTAL DUE VENDOR --------} 109.96 *z., tit mof I'.amond ear RUNTIME: 16:4702/28/x5 VOYUCH=F' RE3I STER iE 5 DUE T;�F'U.............:. ,e VENDOR NAME VENDOR ID. # * PREPAID # ACCOUNT PRDJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE.'NG. ENTR'f-DUE INN = CE DESCRIPTION AMOUNT DACE Fritzal, kelee fritzalt' 2 50-_)7A 7:;28 fi:3(07 Trvl1MtgAdvc-Conf2/22-24 130.50 03/07/95 000025773 TOTAL PREPAID AMOUNT ----) 130.`0 TOTAL DUE VENDOR --------) 0.00 & G Trophy Co._thy *001-4350-120(1 i, 503078 01/2451 02/28 03107 10: Sftbl/Bsktbl Trophies 137.:39 TOTAL DUE 'VENDOR --------) 1:37.39 GTE California GTE B; , ,, P ne Svcs-Bldg„c-�f y. TOTAL DUE VENDOR --------) 224.63 GTE California 3TE *001-4040-2125 1 50307B 02%28 03/07 Phne Svcs -Modem Line 9.37 TMT AL DUE VENDOR --------) „ .J% GTE California GTE *001-41j211-2125 1 _.117. 50....2 . ,:; 017 ..�.._;j 1, Phne Svcs-SycCyn-RecOffce 138.48 TOTAL DUE VENDOR --------) 138.48 GTE 'California :ATE *ixl 1-4096-2125 3 73f; 5i 7B 02/28 03/07 Phne Svcs -Gen Govt ^ 4'? 50 �, ��. `OTAL DUE VENDOR --------) 2,462.50 TE California GTE =i11-40':-._-2125 51)3i;7B x;2/2. 0:3,07 Phne Svcs -City On Line _34.07 TOTAL DUE VENDOR --------) X34.67 5TE Caiif,nrria GTE 4 )01-4440-2125 1 503078 0'.2/28 0:3/117 Phne Secs-J.r-FebEmerPrep 116.84 T.ITAL DOE VENDOR 1,16.04 GTE California G -TE *''1-43 --2125 1 5:':3078 c ."':/07 Phne Svcs -Heritage Prk 54.44 TOTAL DUE VENDOR --------) 54.44 * 4 4 C i t y of D i a G o l d Bar RUNTIME: 164702/28l'K VOUCHER REGISTER PAGE 6 JU'ETHP .............. ,, ;q VENDOR NAME VENDOR ID. * PREPAID � T` ACCOUNT PR1, TX ------------------------------------------------------------------------------------------------------------------------------------ -NO BATCH PO.LINE(NO. ENTRY,'DUE INV ICE DESCRIPTION AMOUNT DAT. CHEC', OTE California GTE *01)1-4-331-2125 .. 50307; '-', 8 0 ,'" Phne Svcs-SycCyr:Pr:: 54.44 TOTAL DUE VENDOR --------! 54.44 Gitmed, Joann GitmedJ _?5033,'07 1 . Feim:Erpi 7-EmpReltninst .5:*001-4454-?�?7 TOTAL DUE 'VENDOR --------! 77.54 Gonzalez, Grace *001-3478 3 50347B 42/28 43/07 13542 Recreation Refund '7. ='TAO IDE VENDOR --------i 27.04 Gutierrez, Judy 148E *401-3473 4 503078 )2;'x'3 0.:/47 1341 -Ji Recreation Refund *4I�1-=478 5 54347E 02/228 03/07 113400 recreation Refund 35.00 TOTAL CUE VENDOR --------! A,(). 01.) Hall a Foreman Hall':Forem Vii) I,r :1-2?�;-141'2 4 (:?fl `)_ 7B }y f, .' a_,� 7 4.4>ii,_:2 �� lr,spectn Svcs -EN '74-J7 1,134.44 *441-^=0U-1012' S =4? X78 02!2 i,_?;()7 T28813Inspectn Svcs -EN 94-59 550.tiO t VENDOR T�CT4_ 4011 �lEN !N? — DUE 1 ;'d 84 Hannon, Carol 1485 ,oll 347. —1;, 2/<_ 'M A, 13';4_;` ne=rea�ion Refund 12.40 TOTAL DUE VENDOR --------! 112.04 J - ogins, Decorah 1,:, s;11;1-3478 50'07B 42/28 03/07 1:522 Recreation Refund 25.Ci0 TOTAL DUE 'VENDOR Huff, Bob HuffB ¢i U-42it '•r;-41111;/? = 5o307C J , :.:07 0 i..i i)._�� 1�:'� JCrmm 1 Mtgs 1/,a_", 1 i1 1+ TOTAL DUE VENDOR --------! 120.40 Hunter Christiane HunterGraP *i;{r1-4fj1i�-12Ca0 2 543478 01!2651 )2 "2,' /i�11)_4 03 7 5 : PlaqueChnges-MyrMyrPrTem 16. 4 x,:41-40114-1240 4 .,t-.:•; B :;1, 2 .;1 �i28 C-:� ;�7 5t i). Tapesr'lq,,hng-MyrFrTemrMyr _..e TCTAL.DUE VENDOR --------! 54.13 ### i t V f li t Tl O n d r7 r # RUN TIME: 16:47021280.1';15 VOUCHER REGISTER PAGE DUE THRU.............ii:3i07/' 5 VENDOR NAME VENDOR ID. # ¢ F`REPAID ACCOUNT PROWI.TX-NO BATCH PO.LINE/NO. ENTR'Y1"ULlE INVO ITCE, DESCRIFTlON AMC•'LIT "ATE lCMA Retirement Trust -457 !CMA #001-2110-1007 1 50W71D O2 23 0 /07 Dec -Payroll Deductions 11Cr.00 # -401"01-L}i; )Ol d( 1 �03u'b ,i2 ''3 �-^'t`7 /_ 3 Dec-CmgrContractContrib 400.00 *001-4030-0090 I 50"076 o2/2£ 03,/07 Dec -Cafe Contrib-CMgr 1,613.13 *,,1,11-404,,)-010Q0 J= 1 50307B 02; 3 ')3x07 Dec -Cafe Contrib-CCIk 476._8 #001-4050-0050 1 5,':076 02;'2' 03/07 Dec -Cafe Contrib-Fin 162.25 41001-4210-090 1 501,076 02/23 ;3/07 Dec -Cafe Contrib-Ping 590'„ 0 #001-43,10-0090 1 50:3,676 02'28 03/07 Dec -Cafe Contrib-Prks 3180,63 *001-4`50-00005t ;i}7b X2/; 0 i�3/t)7 Dec -Cafe Contrib-CommMs 574.0`1 #001-4510-0090 1 50307bOZ/28 03/.1;7 Dec -Cafe Contrib-Engr 1,011.40 TOTAL DUE VENDOR --------'r 5,494.95 inland Valley Dly Bulletn Dailybulle -.�� *00 1-4210, 2115 c•,.D r^.! .'� �p .,t�.;�);� .,;�;)t,, - -.:} ".�:+,� 0�.,''�_ i.. -; nc� y, _„}'� E i ^! F_tb Hrg-CUP '.4 78.'5 TOTAL 'DUE VENDOR --------1 78.75 Inland Valley Dly eulletn 1VD6 #001-2300-1010 2ir;�?'u 02/28 03/07 1062-9: Pub Hrg-EPL 94-31 74., 37 #001-2300-1010 1 :f,_,07B ;2/21' 0,3`07 '04Q89 Pub Hrg-FPL 94-40 72.62 TOTAL DUE 'VENDOR --------) 146.99 instant Signs instantSig *001-4_16-2.10 2 503307B 01/263' 02;':'d 0:3/0/ 52 1, Tennis Curt Signs-MpleHill 37.71 - 5 ,07 33 ..,u_0` -b ��t2126-�_ Y�-, 21 i 3 :�.:, _ •a_/07 }1. 52;;.3 T �er�nisCrtSigns-RReagan 31.7.1 TOTAL DUE VENDOR --------) 75.43 T ntegrated SOILtiOn.5 Onintegrat #113-41;:3-6230 2 503076 01/2612 02/2210 03/07 00006792 Computer Sftware Upgrades 110.00 TOTAL DUE VENDOR --------) ii01.00 Jack IstikJ xuul-4 _.='-411}•) `:': :)._,/.), Trfc & Trns Mtg 22/9 40.00 TOTAL DUE VENDOR --------> 40.00 •Jarob, E=-treiita 14`2 #001-34780 8 5C, 1;76 02/20 03/07 13499 Recreation Refund 35.00 T3TAL DUE VENDOR --------} 35.00 Judicial Data Systems JudDataSys t)01-4411-5405 1 50,3!,7B02,2'? ):'/07 Jan Prkg Citations 120.15 ;01)1-4411-540:5 2 503.1.176 02/'28 U3/07 Jan-PrkgCites-Hrg Reviews 18.00 TOTAL DUE VENDOR --------) 133.15 *** City of Oiamond Bar *** RUNTIME: 16:4702/28/95 VOUCHER REGISTER VENDOR NAM[ VENDOR ID. * * PREPAID * ^ ACCOUNT PROJ.TX-N0 BATCH PO.LINE/N0. ENTRY/DUE lNVDICE DESCRlPTIO# AMOUNT DATE CHECK ----'—'------------------'-- ---'--'-- ''--------------------------- K & V Blueprint Service K&VDluePrt m01'421O-1�0 2 503O78 O1/2027 O2/28 03�� 1217O Supplies for Xerox-P>ng 126.11 e01-4510+1200 2 503078 01/2440 V2/28 03/07 121 170 Supplies for Xerox-Engr 126.11 254 U Kim, Michelle m01'3478 9 5V3V7B Recreation Refuno 3Y.V0 ' Kornef, ' Vera 1,436 *001'3478 iV 50307B Recreation Refund i 0 TOTAL DU[ VENDOR ----> 12.00 L.A. Cnunty-Sheriff's Dep LACSheriff *001'4411'5401 1 5V3V7802/28 O3/o7 �m Helicopter Svcs 255.61 L.A. County -Sheriff's Dep LACSheriff *001-4411-54013 08,814.79 O2�8 03�V 32035 �m-Contract Svcs 308,814.79 L.A.County Public Works LACPubWk �1'�1�� 2��O1/1� 0'-,,'2q 03/o7 ���1J ��Cal��-� �.� *001'4553'5510 2 50307B 01/2037A 02/28 03/07 95000005314 City Tree'Water Svcs -Dec 565^86 *OO11'431j1'53VV 2 50307B 01/2039A 02/229500000'91� O3/V7 �00m05Y1 Sump Pump Maint-Jan 127.59 001-4510-5507 8 503078 01/2211 (12/28 03/07 �1501VV00439 TrffcSign}-Maint-Jam 2'467.29 TOTAL DUE VENDOR ----> 3,62�1j.5l L.A.County Public Works LACPubWk *V01-4510-5505; 2 5O3V7B 01/1991)V2/28 03/07 950000O���- �s�urb/Gutter Repairs 1,737.75 *001'450-5506 2 50307B 01/1991 02/28 03/07 9500000'."1 1gn/Markg-TrfcSigns'Dec 34.76 `O01'45iO-5505 4 50307B O1/1�0 V2{0 03�7 950000S5��- Ju�'Curb/@dtter ��airo 4,476.38 '7AL DUE VENDOR -------- 6.248.89 L.A.CmmPublic �lic �k� LACPubWk *001-4510-5530 2 5,0307B 01/23'06O2/28 0- 107 9500000 :r,c Waste Svcs-Jan��.91 '�`u!_ DUE VENDOR ---'---> 737.91 * City 3f Diamr3nd Gar ## RUN TIME: 16:47 !)2/'.8/9'1 V C U C H E '' R E 0 T T S R -WiE DUE THFU ............. VENDOR NAME VENDOR iD. PREPAID ACCOUNT PRCJ,TX-NO ------------------------------------------------------------------------------------------------------------------------------------ HATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Landscape West LandscapeW A 1 50:078 01,1'_264.1, _ 03j�7 15oQ! Jan MainJ --Dist 411141-45741-GC00 336.35 TOTAL I!UE VENDOR, --------) 3,936.85 League CA Cities Housing LeagueHous *001-4210-23,30 2 50'071A 01,12691 02/23 03%07 P1nrInstituteDeposit 500.00 03/!07/9`_: Cii;i i x257'1 TOTAL PREPAID AMOUNT ----) 500.00 TOTAL DUE VENDOR --------) 0.00 Leighton and Associates Leighton *001-2300-1012 6 503078 02/23 03107 33200 GeoTech Review -EN 93-005 433.10 TOTAL DUE VENDOR --------) 433.10 Len Wood & Associates. LenWood ,,, 1 ,.� *0011-40 0-2v�•,0 1 z 50:;0,8 - ,o , I' 7 0 1�_ ;. _„); i-„ 4/21 Seminar -Wer ner iF;-t l I TOTAL DUE VENDOR --------) 169.00 Los Angeles County L+"CMTA *112-4553-5533 4 503078 01/2595 02""28 03/07 21049 Feb-Tran5ubPasses 164.60 *111,2-4553-5535 4 10307B 0112.:95 049 Feh ran5ubfasses-Fare ._:.40 TOTAL DUE VENDOR --------) 490.00 Luek:ens, Rende ' 1 4u: *001-:3472 11 503078 02122 03/07 13369 Recreation Refund 15.00 TOTAL DUE VENDOR --------) 15,00 Marietti, Michael 1439 ,001-3474 1 50 071C 02/22 0=3;07 129 0 Recreation Refund 40.00 TOTAL DUE 'VENDOR --------) 40.00 Martinez, Hector MartinezH 2 50307G !?2/23 0;/07 Parking Citation Refund 60.00 TOTAL DUE VENDOR --------) 60.Of Mck:itrick, Mickey 1487 *1)11-347:, i2 50,!)70 022.. !?_-/07 1:;42.= Recreation Refund 12.00 TOTAL DUE VENDOR --------) 12.00 ��� Cty of Diamond Bar #�� RUN TIME: 16:47 02;'28/95 V D U C H E R REG 1 S T E R PAGE 10 DUE THRU . . ...........0:' n;7 f.5 VENDOR NAME VENDOR ID. # PREPAID ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NO. ENTRY -DUE INVuICE DESCRIPTION AMOUNT DATE CHE'=-t Metrolink Metrolink *112-45531-553:83 6 50307C 01/2596 0120u 03107 Feb-TrnstSubsdyPrg-Passes 2,640.40 12 "' -"-:)5 503070 02/.5596 02/28 03,'{?7 FebTransSubPass-Fare 10 561.60 TOTAL DUE VENDOR --------) 13,202.00 '"ever, David MyerD *001-4210-4100 2 50:3070 022'28 03/07 Ping Comm Mtgs-1/9-23 120.00 TOTAL DUE VENDOR --------) 120.00 Mobil Mobil *001-4110-2310 4 50307D 01,12-:2 02/23 03/07 K:60:35680 Fuel-Prk&Rec 20.50 *061-4310-2310 10 5030711 01/2582 02/28 03/07 K6035805 Fuel-Frk&Rec 32.06 *001-4310-2320 12 503079 01/2582 02/28 03/07 K6036111 Fuel-Prk&Rec +001-4310-2310 12 50307D 01/2582 02/28 03/07 K7436564 Fuel-Prk&Rec 21.00 *0011-4;310-2200 2 50307C 01/2669 02/28 03/07 171437054 AirCandRepair-P&RTrk 68.68 #001-4310-2310 6 50307D 611,2582 02/28 03/07 K7437356 Fuel-Prk:&Rec 34.33 *001-4310-2::10 16 503WID 01%2582 02/2; 03/07 K7437415 Fuel-Prk&Rec 19.70 *001-4310-2310 8 50307D 01/2582 02/28 03/07 K74.38244 Fuel-Prk&Rec 20.40 *0011-40'A,,)-2310 2 50307C 01/2603 02/28 03%07 K74?8351 Fuel-Cmgr 21.30 *(n)1-4310-2310 14 5<)307D 01,2582 02/28 03/07 K7438373 Fuel-Prk&Rec 33.49 TOTAL DUE VENDOR --------) 28 .86 Mt. Baldy United Way Unitedilay f 001-2)110-1009 ` 50,307D 02/23 03/07 United Way Contrib-PPI-4 1001.00 TOTAL DUE VENDOR -------- } 100.00 57CD Reprographics i,C"nReprogr *250-4310-6415 06695 6 50307C 02/2438 02128 03/07 940412 MapleHill-ADARetroFit 19.50 Y250-4:10-6415 0'5'15 2 50:307C 01/24:38 ,?2128 03/07 974718 GraphcSvcs-PanteraPk 27.87 *250-4310-6415 06695 4 50307C 02/2438 02/28 0'/07 975197 MapleHill-ADARetroFit 22.50 :TOTAL I,JE VENDOR --------> 119.87 Ortiz, Tom OrtizTom *0C?1-45` -4100 1 50307D 02123 03/0; Trfc & Trns Mtg 2/9 40.00 TOTAL DUE VENDOR --------) 40.00 'avroll Transfer PayrallTr 1 503072 02/28 0:3/07 Payroll Transfer-PP4 51,500.00 03/07/95 0(x)r0,0004 TOTAL PREPAID AMOUNT ----) 51,500.00 TOTAL DUE VENDOR --------) 0.00 �ity c Diamond £gar #* RUN TIME: 16:47 02/28/95 V O U C H E R R E G I S T E R PAGE I1 ,UE THRU..............3/07/95 VENDOR NAME VENDOR ID. # *.PREPAID 4 ACCOUNT PRGJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE IN4"UI;CE DESCRIPTION AMGUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Pitney Bowes PitneyBowe *001-4090-2200 2 50307C 01/2561 Pomona Judicial District PomdudDist *001-3,22,3 1 50307C Pomona Unified School POMYIySchl *(.9)1-4350-2140 4 50307C 01/2053 Power Circuits * 1 i'�.-4U98-6231 Prewitt, Sylvia *001-3478 PowerCirc 4 50307C 01/2510 14134 13 50307C Programmed For Success ProgForSuc *001-4350-4300 2, 50307C 011'2x,70 Irudential Service Bureau PSBI *0� �1-2110-1004 1 50307C *01-2110-1006 1 503070 Public Empi Retirement PERS *001-2110-1008 1 50307C *0*1-2110-INN 2 50307c R & D Blueprint R&DBlue *001-4210-2110 2 503070 01/2009 0212; 02/23 Maint-Inserter/Fldr 265,00 TOTAL DUE VENDOR --------) 255.00 022!28 03/07 Dec -Parking Citations 670,00 TOTAL DUE VENDOR --------) 670.00 02/28 03/07 95057-I July -Dec Facility Rental 2,345.00 TOTAL DUE VENDOR --------) 2,345. GO 02/28 03,1107 3501 Computer Equip 1,754.06 TOTAL DUE VENDOR --------) 1,759.06 02/28 03/07 13-106 Recreation, Refund 50.00 TOTAL DUE VENDOR --------) 50.00 02/28 (Y/07 6537 AnrualSupport&Maint-1995 480.00 TOTAL DUE VENDOR --------) 480.00 02/28 03/07 Mar -Dental Prems 1,169.33 02/28 03/07 Mar -Vision Prems 359.3 TOTAL DUE VENDOR --------} 1,528.56 02/28 03/07 PF4 Retire Contr-Emplyr 2,964.16 021123 03/07 PP4 Retire Contr-Emplye 3,290.88 TOTAL DUE VENDOR --------) 6,255.04 02/28 03/07 10332 Ciyt Map Reductions 43.21 TOTAL XE VENDOR --------> 43.21 CitDiamond Bar#* RUNTIME: 16.4702/2^/95 VOUCHER REG I ST ER .'AGE 12 DUE THRU.............03/07/'?5 VENDOR NAME VENDOR 1D. # * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY /DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ----------------------------------------------------------------------------------------------------------------------------- RJ." Design }} *0 1-2300 - i 012 *O01-22300-1010 *001-2300-1010 Roof Engineering *001-4313-2210 RJMDesign 7 50307D 4 50207D 3 50307D RoofEngine 2 50307L 01/2655 San Gabriel Vly Tribune SGVTribune *001-2300-1010 5 5)307D *001-2300-1010 6 50307D #001-21300-1010 7 50307D *001-2300-1010 8 50307D Schad, Dan SchadD *001-4210-4100 4 50307C Siecke, Warren C. SieckeW *250-4510-6412 07495 2 50307D 01/2272 Smart & Final Smart&Finl *001-4313-2210 6 50207D 01/2430 *001-4313-2210 4 50307D 01/2430 Southern Ca. Edison SoCaEdison *001-4510-2126 1 50307D Scuthern Ca. Edison ScCaEdison *001-4510-2126 2 50307D 02/23 03;07 11110 LanscpeRvw-EN 93-032 226.00 02/28 03/07 11111 Nov Prof Svcs -FPL 93-10 411.00 02/18 03/07 11112 Dec Prof Svcs -FPL 94-039 164.00 TOTAL DUE VENDOR --------} 801.00 02/28 03/07 9501-07 Inspectn-HrtgeWaterDamage 260.00 TOTAL DUE VENDOR -------- } 260.00 72/28 03/07 126,0,=. Legal Ad -FPL 94-31 112.64 02/ o 03/07 15,081 Legal Ad -FPL 94-40 103.68 02/18 03/07 18820 Legal Ad -FPL 94-37 78.08 02V28 03/07 18820 Legal Ad -FPL 95-02 78.08 TOTAL DUE VENDOR --------} 371.48 02/28 0:'•/O7Ping Comm Mtg 1/9-23 110.: TOTAL DUE VENDOR --------} 120.00 02;::8 03/07 3375-8 TrfcSignlSyncrniztn-GrdAv 299.25 TOTAL DUE VENDOR --------} 299.25 02/28 03/07 2144335 Hrtge Prk Supplies 21.10 02/28 03/07 2147114 HrtgSuppl-PaprTowls/Liner 132.41 TOTAL DUE VENDOR -------- } 153.51 021118 03/07 Electric Svcs-TrffcContrl 93.57 TOTAL DUE VENDOR --------> 98.57 02%28 0'_/07 Electric Svcs-TrffcContrl 214.91 TJTAL DUE VENDOR -------- } 214.'31 *** Cty of Diamond Bar �#'� RUN TIME: 16:4702/2'8/'5 VOUCHER REGISTER AGE 13 DUE THRU.............03/07/95 VENDOR NAIL VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK --------------------------------------------------------------------------------------------------------------------------- Standard Insurance of Ore StandardIn *0)01-2110-1005 1 50-07D 02/28 0)3107 March -Lite Ins Prems 420.50 *wl -2110-1005 2 50307D 02/28 03/07 March-Suppl Life Ins Prem 144.00 TOTAL DUE VENDOR --------) 444.50 State of California EDD *001-4090-00 1 50307B 02/28 03/07 UnemplyIns-Pfrom-4thQtr94 74.00 TOTAL DUE VENDOR --------) 74.00 Tino, Nick 1490 *001-3474 2 50307D 02/28 03/07 12854 Recreation Refund 40.00 TOTAL DUE VENDOR --------) 40.00 Unocal Unocal *001-42210-1310 4 503070 01/14000 021/28 03/07 129666 Fuel -Plug 22,18 *001-4210-10 3 50307D 01/2000 02/22 03/07 .1149770 fuel -Ping 22.06. *001-4210-2310 " 50307D 01/21000 02/23 03/07 529323 Fuel -Ping 22.10 *001-4210-2310 1 50307D 01/2000 02/28 03/07 729343 Fuel -Ping 22.38 *030)1-4210-2200 22 503071) 02/2000 02128 03/07 729344 Wiper Blades -Ping Truck 14.77 TOTAL DUE VENDOR --------) 103.49 Virgil's Mobil Service Virgils *001-4310-2310 2 50307D 02/2285 02/28 03%07 K0551946 Fuel-Prk & Rec r3.63 *0'0)1-4090-2310 2 503071) 01/2235 02/28 03/07 K4862 ?41 Fuel -Gen Govt 15.00 *001-4030-2310 4 50307C 01/2683A 02/28 03/07 K9204963 Fuel-Cmgr, , 19.97 *001-4090-2310 6 50307D 01/2285 02/28 03/07 K9204935 Fuel -Gen Govt 17.06 *001-4090-2310 4 50307D 01/2285 02/28 03107 K9204996 Fuel -Gen Govt 11.04 TOTAL DUE VENDOR --------) 96.70 Walnut Vly Water Dist WVWaterDis *250-4510)-6416 0)6895 4 503107D 01/2294 02!2° 03/07 794;, InstallMeter-G1dnSprgs 2,676.36 70 -IAL DUE VENDOR --------> 2,676.36 West Coast Arborist Inc. WCArbor *001-4558-5509 2 50307D 01/1929A 0:'/28 03/0,' 9118 'r9e?rimSvcs-1/3-GrdAve 200.00 DUE VENDOR --------? 2w. DO West End Uniforms WestEndUni *001-4411-1200 2 50307D 01/2673 02/28 03/07 3732` Ser.torPatrolUniforms 533.36 TOTAL DUE VENDOR --------) 533.36 + City of DiaIT! and Har # RUN TIME: 16:47 02/28/95 V 0 U C H E R R E G I S T E R PAGE 14 DUE 7�RU.............03/O7/95 VENDOR NAME VENDOR ID. * * PREPAID * * ACCOUNT PROJ.T%-NO HATCH PO.LINE/ND. ENTRY/DUE INVOICE DE&CRIPTION AMOUNT DATE CHEC% ------------------------------------------------------------------------------------------------------------------------------------ Wright, Paul WrightP *001-4090-4000 2 50307D 01/2475 024/20 03107 Aud/Vi5-5vcs-2/13,16,21 315.00 TOTAL DUE VENDOR --------} 315.00 TOTAL PREPAID -----------) 57,149.20 TOTAL DUE ---------------) 425,206.71 TOTAL REPORT ------------) 4$2,355.91 * * * City of Diamond Bar *## RUN TIME: 16:47 02/23/95 V O U C H E R R E G I S T E R PAGE 1 FUND SU! MARY REPDRT DUE THRU.............03/07 95 DISBURSE GJL GJE WILL POST GJE *IAS POSTED FUTURE TRANSACTIONS FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE ------------------------------------------------------------------------------------------------------------------------------------ 113 Air Quality Imp 001 General Fund 133 LLAD #38 Fund 250 C.I.P. Fund 112 Prop A -Transit F 141 LLAD #41 Fund 2,118.61 437,46._'.17 3,648.80 17,805.48 17,983.(X) 3,336.35 67,776.70 ?,118.61 1,136.00 368,498.47 3,648.80 17,305.4; 17,98-3.00 3,336.85 TOTAL----------------------------------------------------------------------------------------------- ALL FUNDS 482,355.91 67,778.70 1,156.00 413,391.21 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: March 7, 1995 REPORT DATE: February 28, 1995 FROM: Linda G. Magnuson, Accounting Manager TITLE: Treasurer's Report - January 31, 1995 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of January 1995. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Spec. (on file in City Clerk's Office) Ordinances(s) _ Other _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: D BY: i Terrence L. Bel City Manager Yes No Yes X No Yes X No Yes X No Frank M. ITS inda G. Mdgttuson Assistant City Manager Accounting Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - January 31, 1995 ISSUE STATEMENT: Per City policy, the Finance department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the January, 1995 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for Council's review and approval is the Treasurer's Statement for the month of January 1995. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT January 31, 1995 GENERAL FUND $6,629,834.01 $870,797.84 $761,121.53 $250,253.64 $6,989,763.96 LIBRARY SERVICES FUND 207,000.00 2,274.75 209,274.75 TRAFFIC SAFETY FUND 57,035.41 575.80 11,153.00 (45,882.41) 575.80 GAS TAX FUND 2,864,940.82 141,334.54 3,609.79 (209,681.23) 2,792,984.34 TRANSIT TX (PROP A) FD 844,405.38 117,389.72 32,430.83 929,364.27 TRANSIT TX (PROP C) FD 1,474,130.71 104,119.31 49,573.45 1,528,676.57 INTEGRATED WASTE MGT FD 45,868.29 7,452.80 2,779.17 50,541.92 AIR QUALITY IMPRVMNT FD 69,835.81 830.78 1,001.34 69,665.25 PARK FEES FUND 354,017.96 4,659.43 358,677.39 S PARKS GRANT (PRP A) FD (34,465.97) 1,479.19 (157.99) (36,103.15) COM DEV BLOCK GRANT FD 19,052.46 12,087.04 41,916.16 (4,744.32) (15,520.98) LANDSCAPE DIST #38 FD 64,431.79 25,326.53 7,481.40 82,276.92 LANDSCAPE DIST #39 FD 8,178.71 12,502.45 7,571.56 13,109.60 LANDSCAPE DIST #41 FD 163,813.64 13,933.30 8,184.20 169,562.74 GRAND AV CONST FUND 400,359.16 5,298.84 2,045.79 403,612.21 CAP IMPROVEMENT PRJ FD 100,338.05 93,362.46 13,287.81 10,212.31 190,625.01 SB 821 FUND 164,373.29 2,163.26 166,536.55 SELF INSURANCE FUND 417,317.48 5,492.16 1,955.00 420,854.64 TOTALS $13,850,467.00 $1,419,601.01 $945,590.22 ($0.00) $14 324,477.79 SUMMARY OF CASH: DEMAND DEPOSITS: INVESTMENTS: GENERAL ACCOUNT $393,256.17 PAYROLL ACCOUNT 1,091.02 CHANGE FUND 175.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $395,022.19 TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT F 13,929,455.60 TOTAL INVESTMENTS 13 929 455.60 TOTAL CASH $14,324,477.79 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. L.A. LF -Effective Yield for January, 1995 5.61% There are sufficient funds available to meet the next month's financial obligations of the City. CARL WARREN & CO. Insurance Adjusters Claims Administrators P.O. Box 25180 Santa Ana, CA 92799-5180 (714) 740-7999 FAX. (714) 740-7992 0: City of Diamond Bar Attention: Lynda Burgess, City Clerk Re: Claim: Claimant: D/Event: Recd Y/Office: Our File: L:; ,;....:.;_ Q,5Fr313 F;1 2:50 ARCI-CO. 12/7/92 2/2/95 S 72034 RQ Date:_ February 10, 1 Ag5 We have reviewed the above captioned claim and request that you take the action indicated below: JIQ CLAIM REJECTION: Send a standard rejection letter to the claimant. [� CLAIM INSUFFICIENCY: In accordance with the telephone conversation of , 19 , a notice of insufficiency must be mailed to the claimant no later than , 19•THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF;—RECEIPT OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and/or 910.2 and or 910.4. b AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, rejecting this additional/amended claim. LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the claim is late and that their only recourse is to file'a written "Application for Leave to Present a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. 0 APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim". See Government Code—Section 911.8. �] TAKE NO ACTION: Defer any written response to the claimant pending our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions, please contact the undersigned. Very truly yours, CARL WARREN & COMPANY (Adjuster) Richard Marque iw 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHAPMAN & GLUCKSMAN A PROFESSIONAL CORPORATION 11900 W. OLYMPIC BOULEVARD SUITE 600 P.O. Box 64704 LOS ANGELES. CALIFORNIA 90064-0704 (310) 207-7722 (SPACE BELOW FOR FILING STAMP ONLY) Attorneys for Claimant, ARCI-CO. (Served Herein as DOE 48) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES MORA WILLS; and BRANDON WILLS, a Minor, by and through his Guardian ad Litem, MORA WILLS, Plaintiffs, VS. COUNTY OF LOS ANGELES; CITY OF DIAMOND BAR; FERNANDO DIAZ; THE WILLIAM LYON COMPANY, a California corporation, WOODGLENN II HOMEOWNERS ASSOCIATION, a California corporation, MARQUIS MANAGEMENT GROUP, INC., a California corporation; AND DOES 1 through 100, Inclusive, Defendants. CASE NO. KCA 015 272 CLAIM FOR INDEMNITY (Government Code, §910, et seq.) TO THE COUNTY OF LOS ANGELES: Claimant, ARCI-CO., presents this claim to the above- mentioned public entity pursuant to Section 910 et seg. of the California Government Code. ARCI-00. can be contacted as follows: ARCI-CO. c/o Richard H. Glucksman, Esq., Chapman & 1 1 Glucksman, 11900 W. Olympic Boulevard, Suite 800, Los Angeles, 2 California 90064. 3 On December 7, 1992, at approximately 10:25 a.m., Steven 4 Wills was involved in a fatal accident on Brea Canyon Cutoff Road 5 in the County of Los Angeles, State of California. Plaintiffs, 6 the sole surviving heirs at law of decedent, Steven Wills, have 7 alleged that claimant provided inadequate drainage from a housing 8 subdivision located to the east. Plaintiffs allege that the 9 inadequate drainage caused water to collect and run off onto the 10 adjacent property. Plaintiffs further allege that the drainage 11 devices posed a dangerous condition and claimant had notice of 12 the dangerous condition and failed to warn thereof. Claimant is 13 informed and believes that the County of Los Angeles was 14 responsible for, and involved in, the design, operation and 15 maintenance of the public roadway and the drainage from the 16 subdivision. Plaintiffs have filed an action against claimant 17 herein in the Superior Court of the State of California, for the 18 County of Los Angeles, bearing Case No. KC 015272, seeking 19 damages allegedly resulting from the wrongful death of decedent. 20 A copy of the Complaint and Amendment to the Complaint served 21 upon claimant on approximately November 18, 1994 is attached 22 hereto, and marked Exhibit "A". 23 With the filing of this claim for indemnity on behalf of 24 ARCI-CO., claimant hereby makes demand upon the County of Los 25 Angeles to defend and indemnify ARCI-CO., with respect to the 26 foregoing action. The amount of this claim includes but is not 27 limited to complete indemnification of claimant by the County of 28 Los Angeles; claimant is uncertain of the specific amount at this 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 time. Claimant believes and asserts that it has complied with applicable Government Code sections with respect to filing a claim against a governmental or public entity. Claimant hereby requests that the County of Los Angeles immediately inform claimant of its response to the herein claim for indemnity. Dated: January 31, 1995 CHAPMAN & GLUCKSMAN A Prof s onal Co oration By: RICHARD H. GLUCKSMAN Attorneys for Claimant, ARCI-CO. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18'. 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 11900 W. Olympic Boulevard, Suite 800, Los Angeles, California 90064. On February �, 1995, I served the foregoing document described as: CLAIM FOR INDEMNITY on the parties to this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States Mail at Los Angeles, California addressed as follows: Clerk of the Board County of Los Angeles 500 West Temple Street Room 383 Los Angeles, California 90012 I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on February / , 1995, at Los Angeles, California. I declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. 4 L LL) 4110LJO&I, ALEV TURKUCAR I AOORESS MND TELEPHONE NUM (213) 653-0211 IMKE, CHODOS, SILBERFELD & ANTEAU, INC 300 Wilshire Boulevard site 9000 os Angeles, California 90048-5202 TORNEY(S)FOR plaintiffs, MORA WILLS and RANDON WILLS, a minor OR 2 �99� �yp�! 2 � o C u3 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES :ORA WILLS; and BRANDON WILLS, a .inor vs. 'OUNTY OF LOS ANGELES; et al. PLAINTIFF(S) DEFENDANT(S) CASE NUMER RC 014 606 (Consolidated with RC 015 272 and AMENDMENT TO COMPLAINT SEC. 474 C.C.P. Upon filing the complaint herein, plaintiff being ignorant of the true name of a defendant, and having designated said defendant In the complaint by a fictitious name, to -wit DOE 4 8 . and having discovered the true name of said defendant to be ARCI-CO., INC., a corporation hereby amends his complaint by Inserting such true name In the place and stead of such fictitious name wherever it appears In Bald complaint Dated_ November 16, 1994 S CHODOS, SILBERFELD & ANT" INC. A77ORNEY FOR PLAINTIFF MORA WILLS and BRANDON WILLS, a minor 76AAa" (P eV. 4-69) 6-s4 AMENDMENT TO COMPLAINT , n-7 PROOF OF SERVICE [1013A(3) CCP] STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I an employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is. 6300 Wilshire Boulevard, Suite 9000, Los Angeles, California 90048 On November 18, 1994, I served the foregoing document described as: AMENDMENT To COMPLAINT on the interested parties in this action by placing [ ] the original [X] a true copy thereof enclosed in a sealed envelope and addressed as follows: SEE ATTACHED LIST [X] BY MAIL: I caused such envelope to be deposited in the mail at Los Angeles, California. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with this firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. postal service on that .same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed November 18, 1994, at Los Angeles, California. [X] (State) I DECLARE under penalty of perjury under the laws of the State of California that the above is true and correct. '� 7 NICOLE RUNKLE SERVICE LIST COUNSEL OF RECORD PARTY'REPRESENTED DE WITT W. CLINTON, County Counsel, COUNTY OF LOS ANGELES S. ROBERT AMBROSE, Asst. County Counsel, RAFAEL A. ONGKEKO, Dep. County Counsel, 648 Kenneth Hahn Hall of.Administration Los Angeles, Ca., 90012 LEE A. WOOD, ESQ., CITY OF DIAMOND BAR LEWIS, D'AMATO, BRISBOIS & BISGAARD 650 Town Center Drive, Suite 1400, Costa Mesa, Ca., 92626-1970 THOMAS A. GIRARDI, ESQ., FERNANDO DIAZ AMY FISCH SOLOMON, ESQ., GIRARDI & KEESE 1126 Wilshire Boulevard, Los Angeles, Ca., 90017 RIVERS J. MORRELL, III, ESQ., MIGUEL RAMOS and LAW FIRM OF RIVERS J. MORRELL, III JUDITH MARTINEZ 7700 Irvine Center Drive, Suite 990, Irvine, Ca., 92718-2931 PETE E. ALMEIDA, ESQ., ALLSTATE INSURANCE CO. GRAY & PROUTY 611 Civic Center Drive West, Santa Ana, Ca., 927C!- F. 2701 F. X. SEAN O'DOHERTY, ESQ., WOODGLENN II COMMUNITY HILL, GENSON, EVEN, C_,ANDALL & WADE HCMr-OWN..RS ASSOCIATION 3401 Centrelake Drive, Suite 650, Ontaric, Ca., 91761-1219 GEORGE KNOPFLER, ESQ., ARCIERO & SONS, INC. R-E-JIN M. DAVIS, ESQ. , JAN -ES X. PAZOS, ESQ., K-NTOP F LER & ROBERTSON 10 Universal City Plaza, Suite 1500, Universal City, Ca., 91608-10C2 MICHAEL J. STRICKFORTH, ESQ., HOWARD, MOSS, LOVEDER, STRICKROTH & WALKER 2677 North Main Street, Ste. 800, Santa Ana, Ca., 92701-1226 GLENN T. ROSENBLATT, ESQ., DANIELS, BARATTA & FINE 1801 Century Park East, Ninth Floor, Los Angeles, Ca., 90067-2332 WILLIAM L. HALUCK, ESQ., KATHLEEN A. WOLFF, ESQ., MOWER, KOELLER, NEBEKER, CARLSON & HALUCK 108 Pacifica, Third Floor, Irvine, Ca., 92713-9799 MICHAEL STEVENSON, ESQ., STEVENSON & ASSOCIATES 606 S. Olive St., Ste 1020, Los Angeles, Ca., 90014 WILLIAM LYON COMPANY E. L. PEARSON & ASSOCIATES, INC. THE PRESLEY COMPANIES C. W. POSS, INC. ) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 '_0 21 22 23 L.-. 25 26 27 78 STE9EN D. ARCELR, ESQ. !State Bar No. 63834) SIMKZ, CHODOS, SILE:RFELD L ANTEAU, INC. 6300 Wilshire Boulevard, Suite 9000, Los Angeles, Ca., 90048 OR/^ Telephone: (213) 653-0211 VI^/e/ Facsimile: (213) 655-4962 4z �Z cc Attorneys for Plaintiffs NO 30 Ca MORA WILLS; and BRANDON WILLS, a Minor, By and Through his Guardian Ad Litem, MORA WILLS %71 9803/Complaint.kl0 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TEE COUNTY OF LOS ANGELES MORA WILLS; and BRANDON ) WILLS, a Minor, By and ) Through his Guardian Ad ) Litem, MORA WILLS ) Plaintiffs, ) VS. ) COUNTY OF LOS ANGELES; CITY) OF DIAMOND BAR; FERNANDO ) DIAZ; THE WILLIAM LYON ) COMPANY, a California ) Corporation; WOODGLENN I_ ) HOMEOWNERS ASSOCIATION, a ) California Co:-poration; ) F-ARQUIS MANAGEMENT GROUP, ) INC., a California ) Corporation; and DOES 1 ) through 100, Inclusive, ) Defendants. ) CASE NO.:ktoi Jr27%, COMPLAINT FOR WRONGFUL DEATH GENERAL ALLEGATI0N8 1. That at all tires herein mentioned, plaintiffs "SORA WILLS and BRANDON WILLS, a Minor, by and through his Guardian Ad i.iter, MOPA WIT=S were and now are residents of the County l of Los Angeles, State of California. i 2 2. That at all times herein mentioned, defendant FERNANDO 3 DIAZ, was and now is a resident of the County of Los Angeles, 4 State of California. S 1 3. That defendant COUNTY OF LOS ANGELES is a public 6 entity, duly organized and existing under the laws of the State 7 of California as a municipal corporation, and on May 20, 1993 8 was served with a government claim for damages on behalf of 9 plaintiffs pursuant to Government Code, Section 910, et sea. 10 The claim , which is claim no. 066/93C-01619, was denied on or 11 about July 4, 1993. A copy of the this conformed claim is 12 attached hereto, marked as Exhibit "A", and incorporated herein 13 by reference. 14 4. That defendant CITY OF DIAMOND BAR is a public entity, 15 duly organized and existing under the laws of the State of 16 California as a municipal corporation, and on May 19, 1993 was 17 served with a government claim for damages on behalf of 18 plaintiff pursuant to Government Code, Section 910, et sec.. 19 The claim was denied on or about June 15, 1993. A copy of this '0 confc--med claim is attached hereto, marked as Exhibit "B", and 21 incorporated herein by reference. 22 5. That the tr.:e names or capacities, whether individual, 23 corporate, associate, or other -wise of defendants, DOTS 1 24 through 100, inclusive, and each of them, are unknown to 25 plaintiffs who, therefore, sue said defendants by such fi 25 ctitious names. Plaintiffs are informed and believe and 27 thereon allege that each of said defendants designated herein -28 as a DOE is responsible, in some manner, for the events and 2 I happenings herein referred to, and caused injuries and damages _' thereby to the plaintiffs as herein alleged. 3 6. Plaintiffs are informed and believe, and thereon 4 allege, that each of the defendants herein is absolutely liable S in tort, and/or is liable because of the injuries and damages 6 sustained by plaintiffs, and/or is liable due to a breach of 7 warranty, express or implied, and/or is liable for negligence, 8 and/or for other reasons any or all of which proximately caused 9 the injuries and damages sustained by plaintiffs as herein 10 alleged either through the defendants' own conduct or through 11 the conduct of their agents, servants or employees, acting 12 within the course and scope of their agency, service or 13 employment, or due to their ownership, manufacture, sale, 14 repairing, installing, entrusting or supplying of the 15 instrumentality involved, or in some other manner. 16 7. That defendants THE WILLIAM LYON COMPANY, a California 17 Corporation; WOODGLENN II HOMEOWNERS ASSOCIATION, a California 18 Corporation; MARQUIS MANAGEMENT GROUP, INC., a California 19 Corporation, and DOES 40 through 80, inclusive, each and all 20 are, and at all times herein mentioned were, corporations duly 21 authorized under and by virtue of law, and were authorized to do and were doing business in the State of California. 23 S. That defendant DOE 81 now is, and at all times herein 24 .mentioned was, a co -partnership consisting of DOES 82 th=ough 25 89, inclusive. 26 9. That defendant DOE 90 now is, and at all times herein 27 mentioned was, a co -partnership consisting of DOTS 91 through 28 100, inclusive. 1 10. That at all times herein rentzoned the defendants, and 2 each of them, were the agents, servants, and employees of each, 3 every and all of the other defendants and were acting within 4 the course and scope of their agency, service and employment. j 11. That at all times herein mentioned, each defendant 6 that was operating a defendant vehicle did so with the 7 permission and consent, express and implied, of each, every and 8 all of the owners of that certain defendant vehicle. 9 12. That plaintiff, MORA WILLS, is the surviving wife of 10 her decedent, STEPHEN WILLS. 11 13. That plaintiff BRANDON WILLS, a Minor, by and through 12 his Guardian Ad Litem, MORA WILLS, is the surviving minor child 13 of his natural father, decedent STEPHEN WILLS. 14 14. Plaintiffs are informed and believe, and thereupon 15 allege, that Brea Canyon Cut -Off Road, approximately 1305 feet 16 south of its intersection with Pathfinder Road which is the 17 scene of the accident out of which this action arises 18 [hereinafter referred to as "ACCIDENT SCENE"), is located 19 within the geographic boundaries of defendants, COUNTY OF LOS 20 ANGELES and CITY OF DIAMOND BA.R. 21 15. Plaintiffs are informed and believe, and thereupon 11) allege, that defendants COUNTY OF LOS ANGELES and CITY 0-- ,3 F23 DIAMOND BAR, are responsible for the design, maintenance, 24 traffic control and safety of the ACC_TDSNT SCENE. 25 26 27 28 i i 4 I� FIRST CAUSE OF ACTION 2 (Negligence as against defendants PERNANDO DIAZ and 3 DOES.1 through 10, inclusive, and each of them) 4 16. Plaintiffs repeat and reallege Paragraphs 1 through 5 15, inclusive, of their General Allegations, and each of them, 6 as though fully set forth at this point. 7 17. That on or about December 7, 1992, at the approximate 8 hour of 10:25 a.m., the plaintiffs' decedent, STEPHEN WILLS, 9 was operating a certain 1984 Nissan automobile in a northerly 10 direction on Brea Canyon Cut-Off Road, at or near its 11 intersection with Pathfinder Road, in the City and County of 12 Los Angeles, State of California. 13 18. That at said time and place, defendant FERNANDO DIAZ 14 was operating a certain 1978 Chevrolet automobile in a 15 southerly direction on Brea Canyon Cut-Off Road. Said vehicle 16 was owned by defendant FERNANDO DIAZ and Defendants DOES 1 17 through 10, inclusive, and was then and there being 18 permissively operated by defendant FERNANDO DIAZ. 19 19. That at said time and place, and prior thereto, the 20 defendants, and each of them, so recklessly, negligently, i 21 carelessly and unlawfully owned, controlled, maintained, ?� serviced, used, permitted the use of, entrusted, operated and 23 drove their certain vehicle, that as a sole, direct and 24 proximate result thereof, the said defendant vehicle was caused 15 j to, and did then and there, strike and collide with the 26 plaintiffs' decedent's vehicle causing injuries and damages tc 27 the plaintiffs, as are more fully set forth hereinbelow. 28 20. That as a sole; direct and proximate result of the 5 I 1 accident hereinabove described, plaintiffs' decedent, STEPHEN 2 W'_LLS was fatally injured and subsequently died as a result of 3 injuries then and there sustained, all to plaintiffs, general 4 damages in an amount in excess of the minimum jurisdictional 5 limits of this court. 6 21. That as a further, sole, direct and proximate result 7 of the accident herein, plaintiffs were required to and did 8 obtain hospital and medical care and attention for their g decedent prior to his death in an amount not now known to them. 10 When plaintiffs ascertain the total amount incurred for the 11 said hospital and medical care and attention required by their 12 decedent they will ask leave of court for permission to amend 13 this complaint by setting forth such total amount. 14 22. That as a further, sole, direct and proximate result 15 of the accident herein, plaintiffs were required to and did 16 incur funeral, mortuary and burial expenses for their decedent 17 herein in an amount not now known to them. When plaintiffs 18 ascertain the total amount incurred for the said funeral, 19 mortuary and burial expenses required by their decedent they 20 will ask leave of court for permission to amend this Complaint _1 by setting forth such total amount. ?? 23. That as a further, sole, direct and proximate result ,3 of the accident hereinabove described, plaintiffs Were caused 24 to, and did suffer a loss of the earnings and certain income of _5 their decedent, in an amount rct now known to them. When 26 plaintiffs ascertain the true amount of the said loss of I 27 earnings and of earning capacity, plaintiffs will ask leave of j _8 � court to amend this ccmplaint by setting forth such total I ain. ount. 2 24. That as a further, scle, direct and proximate result 3 of the accident hereinabove described, plaintiffs' decedent's 4 automobile was damaged in an as yet unknown total amount. When 5 plaintiffs ascertain the true amount and extent of said 6 property damage, plaintiffs will ask leave of court to amend 7 this complaint by setting forth such total amount. 8 25. Plaintiffs allege that they are entitled to prejudgment 9 interest pursuant to California Civil Code, Section 3288 from 10 the date of the accident up to and including the date of 11 judgment, according to proof. 12 13 SECOND CAUSE OF ACTION 14 [Negligence as against defendants, COUNTY OF LOS ANGELES 15 CITY OF DIAMOND BAR and DOES Sl through 100, Inclusive, 16 and each of them.] 17 26. Plaintiffs repeat and reallege Paragraphs 1 through 15, 18 inclusive, of their General Allegations, and each of them, as 19 though fully set forth at this point. 20 27. That on or about December 7, 1992, at the -approximate J 21 ! hour of 10:2 . . , �h�—p"?-�in�if�s rdec�rit, STEPHEN WILLS, was 22 operating a certain 1984 Nissan automobile in a northerly 23 direction on Brea Canyon Cut -Off Road, at or near its 2^ intersection with Pathfinder Road, in the City and County of Tos Angeles, State of California. 26 G8. That at said time and place, defendant FERNANDO DIAZ 77 was cperating a certain 1978 Chevrolet automobile in a southerly 28 direction on Brea Canyon Cut -Off Road. Said vehicle was owned 1 by defendant IERNANDO D:AZ and Defendants DOES 1 through :0, ? inclusive, and was being permissively operated by defendant 3 FERNANDO DIAZ. 4 29. The underlying automobile accident of December 7, 1992 S was proximately caused by defendants COUNTY OF IAS ANGELES, CITY 6 OF DIAMOND BAR and DOES 51 through 100, inclusive, and each of 7 them, respective negligent designing, engineering, constructing, 8 inspecting, owning, operating, maintaining and controlling of 9 said roadway so that such public roadway and adjacent private 10 property did exist in a dangerous condition for plaintiffs' 11 decedent herein, and others, on December 7, 1992. Furthermore, 12 defendants did have actual and/or constructive notice that said 13 public property did exist in a dangerous condition on and prior 14 to December 7, 1992, and failed to provide warning of said j 15 dangerous condition to plaintiffs' decadent herein, and others. i 16 30. On or about December 7, 1992, and prior thereto,'the 17 above described public property and adjacent private property did 18 exist in a dangerous condition that created a substantial risk 19 of the type of incident and injury hareinabove alleged when said 20 property was used with due care in a manner that was reasonably 21 foreseeable and as it was intended to be used, in that said 22 property contained inadequate and detect Ive traffic raffic contr ol I 13 devices, lane traffic markings, center lane dividers; and the I 24 absence of center lane dividers, road advisory and/or warning 25 signs, traffic advisory and/c.- warning signs, 4raffic regulatory 26 signs, traffic control devices and inadequate lane dividers: and 27 that said property was negligently, inadequately and improperly 28 designed, engineered, graded, maintained, inspected, repaired or 8 I 6� d }.'715tH SNI wo!it1ID Wd3v :10 b6, 02 D3 + sign, aazkin4s, provided �. traffic or warning s.gnals, P with ..h dangerous d such in that the property existed in a 2 dividers an run-off water was ro ar draina9a, 3 condition in that due to itnp P across the roadway 4 caused to n form the adjacent property d tr attic was caused, permitted and allowed to cross divider resulting in s hand -on 6 the center collision causing S surface anland d as are more fully set forth herein. 7 injuries and damages result of the direct and proximate 31. That as a sole, STEPHEN 8 plaintiffs, decadent, P g accident hereinabove dozeribs died as a result of eptly uII,yS was fatally injured and subsaqu plaintiffs' general 10 all to injuries then and there sustained,jurisdiction 11 of the minimum j 12 damage* in an amount in excess 13 limits of this courts, direct and proximate result of 14 32. That as a furthert sole, ntiffs Were required to and did obtain lei prior 15 the accident herein, P cedent P and medical care and-attanticn for their de ainti:fs 16 hospital own to them. When P1 17 to his death in an amount not now the said hospital and f or ..� the total amount incurrd y dscedent they Will 18 asce« ,,ain b heir medical care and attention require d Y complain= by ,g to amend this .-� for per= =ssion 20 ask leave of cou_.- forth such total amount. �¢sul t C, 21 set.,_ng direct and proximate a further, sola, incur :3. That as fired to and did c2 .. plaintiffs were requ : �- hs ti.., the acciden.. t t:-eir dQcedert hQ sin 2 or funeral, ro tua_v and burial expenses LSce-tall 24 �� w-nen plainti_fs ,. t ;,ov known to e v and ,�S in an am0un� no said funeral► mortLar, for the the `oral mount - ask leave 26 �heY required by thea: decedent v�l j ' -tti burial expenses sett.�5 °- 17 .-.. i s Compl a int by 28 0. court for Permission to d 9 N? 1Sf11 SNI N011d110 wdOb t 10 vo' 0z :)3a 6z'd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 11) 23 24 25 26 27 29 such total amount. 34. That as a further, sole, direct and proximate result of the accident hereinabove described, plaintiffs were caused to, and did suffer a loss of the earnings and certain income of their decedent, in,an amount not now known to them. when plaintiffs ascertain the true amount of the said loss of aarnings and of earning capacity, plaintiffs will ask leave of court to amend this complaint by setting forth such total amount. 35. That as a further, sole, direct and proximate result of the accident hereinabove described, plaintiffs' decedent's automobile was damaged in an as yet unknown total amount. when plaintiffs ascertain the true amount and extent of said property damage, plaintiffs will ask leave of court to amend this r. complaint by setting forth such total amount. 36. Plaintiffs allege that they are entitled to prejudgment interest pursuant to Cake forma Civil Code, Section 3288 from the date of the accident up to and including the date of judgment, according to proof. TETED CAoss or ACTION (Negligence as against defendants COMMY OF Los ANGZLZS; CITY or DIAMOND IIAR; n.M WILLIAM LYON COMPANY, a California corporation) WOODGLZNK 11 HOMEOWNERS 1800CIATION, a calif ornia corporation; MARgUIS XA,xAGEXZNT GROUP, INC., a California Corporation and DOES 11 through 50, 1nClu21V*, and each of them) - E'd :7. Plaintif:s repeat and reallege Paragraphs 1 through 15, inclusive, of their General Allegations, and each of them, as 10 Liisni SNI NoiidiID WdTb:TO b6. 02 030 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 1 19 20 21 22 23 25 26 27 78 though fully set forth at this point. 3i. That on or about December 7, 1992, at the approximate hour of 10:25 a.m., the plaintiffs' decedent, STEPHEN WILLS, was operating a certain 1984 Nissan automobile in a northerly direction on Brea Canyon Cut -Off Road, at or near its intersection With Pathfinder Road, in the City and County of Los Angeles, State of California. 39. That at said time and place, defendant FERNANDO DIAZ Was operating a certain 1978 Chevrolet automobile in a southerly direction on Brea Canyon Cut -Off Road. Said vehicle Was owned by defendant FERNANDO DIAZ and Defendants DOES 1 through 10, inclusive, and was being permissively operated by defendant FERNANDO DIAZ. 40. That defendants THE WILLIAM LYON COMPANY, a California ,I TE'd Corporation (hereinafter "LYON"1 ane wzZ% &+ - inclusive, and each of them, owned and developed the housing sub- division located to the east of the ACCIDENT SCENE prior to the date of the subject accident. 41. That defendants WOODGLENN II HOMEOWNERS ASSOCIATION, a California Corporation [hereinafter "WOODGLENN II") and DOES 11 through 50, inclusive, and each of thea, owned and controlled the common areas of the housing sub -division located to the east of the ACCIDEr'T SCENE on and prior to the date of the subject accident. 42. That defendants x.A.RQUIS ?+iANAGEMENT- GROUP, INC'' a California Corparation (hereinafter "•'iARQUIS") and DOES 11 through 5o, inclusive, and sach of them, managed and controlled the coramon areas of the housing sub -division located to the az5` Nlisni SNI NOIidiiD WdTb:TO b6. e2 03a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Zr• Of the ACCIDENT SCENE nn and prior to the date of the subject accident. 43. The underlying automobile accident of December 7, 1992 was proximately caused by defendants COUNTY OF IAS ANGELES, CITY OF DIAMOND BAR, LYON, WOODGLENN 11, KARQUIS and DOES 11 through 50, inclusive, and each of them, respective negligent designing, engineering, constructing, inspecting, owning, operating, maintaining, and controlling of the common areas of the housing sub -division located to the east of the ACCIDENT SCENE so that such common areas of the housing sub -division, including but not limited to its drainage swells, gutters, channels and all other drainage devices thereon did exist in a dangerous condition for plaintiffs' decedent herein, and others, on Decembar 7, 1992. Furthermore, said defendants, and each of them, did have actual and/or constructive notice that said property did exist in a dangerous condition on and prior to December 7, 1992, and tailed to provide warning of said dangerous condition to plaintiffs' decedent herein, and others. 44. That on or about December 7, 1992, and prior thereto, the above-described common areas of the housing sub -division , • ;+ drainage swells, gutters, including but not 1+•sited ,.o •,.s d. channels and all other drainage devices thereon did exist in a dangerous condition that created the risk of the type of accide-rt. and injury hereinabove alleged when the adjacent roadway was used With due care and as intended. The said co=on areas of the housing sub -division contained inadequate and defective drainage swells, gutters, channels and all other drainage devices which caused water to be collected on said property and caused it to 12 NI1Snj SNI NOI1d1ID WJZV:TO b6. 02 D3Q I run off and onto the adjacent roadway which was the ACCIDENT 2 SCENE and that said cor-mon areas of the housing sub -division were 3 negligently, inadequately and improperly designed, engineered, 4 graded, maintained, inspected or repaired in that the property 5 existed in a dangerous condition such that water was caused to 6 run orf, onto and across the roadway surface of the adjacent 7 roadway which was the ACCIDENT SCENE causing a loss of control g of vehicles thereon resulting in a head-on collision causing 9 injuries and damages as are more fully sot forth herein. 10 45. That as a sole, direct and .proximate result of the 11 accident hereinabove described, plaintiffs' decadent, STEPHEN 12 WILLS was fatally- injured and subsequently died as a result of 13' injuries then and there sustained, all to plaintiffs' general 14 damages in an amount in excess of the minimum jurisdictional 15 limits of this court. 16 46. That as a further, sole, direct and proximate result of 17 the accident herein, plaintiffs were required to and did obtain d attention for their decedent prior is hospital and medical care an 19 to his death in an amount not now known to them. When plaintiffs 20 ascertain the total amount incurred for the said hospital and 21 medical care and attention required by their decedent they will. 22 ask leave of court for permissicn to amend phis complaint by 23 setting forth such total amount. 24 47. That as a further, sole, direct and proximate result of 25 the accident herein, plaintiffs Were required to and id incur 26 funeral, mortuary and burial expenses for their decedent herein 27 in an amount not now known to them. When plaintiffs ascertain �g the tctal amount incurred fcr the said -funeral, nortuary and .d 13 <15,11i SNI NOIld1I� Wd07: TO Y6. 0� D32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 i7 18 19 20 21 12 23 24 25 26 27 2E burial expenses required by their decedent they will ask leave of Court for permission to amend this Complaint by setting forth such total amount. 48. That as a further, sols, direct and proximate result of the accident hereinabove described, plaintiffs were caused to, and did suffer a loss of the earnings and certain income of their decedent, in an amount not now known to them. When plaintiffs ascertain the true amount of the said loss of earnings and of earning capacity, plaintiffs will ask leave of court to amend this complaint by setting forth such total amount. 49. That as a further, sole, direct and proximate result of described, plaintiffs' decedent's the accident hereinabove automobile was damaged in an as yet unknown total amount. When plaintiffs ascertain the trod amount and extent of said property damage, plaintiffs will ask leave of court to amend this complaint by setting forth such total amount. So. plaintiffs allege that they are entitled to prejudgment interest pursuant to gal forni a Civils.4da, Section 3288 from the date of the accident up to and including the date of judgment, according to proof. WFiERrFORE, plainti.fs MORA'ILLS and BRANDON WILLS, a Minor, By and Through his Guardian Ad Litea, MORA WELLS pray fo: judgment against defendants, and each of them, as follows: 1. For general damages in an anount in excess of this court's jurisdictional limits; 2. For the reasonable value of medical and hospital care and attention required by plaintiffs' decedent; 3. For the reasonable value of funeral, mortuary and burial .d _4 0z �3� N:isni swI woiidi.� wdzt:i© b6. 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 2? 23 24 25 26 2"r 28 expenses incurred for plaintiffs' decadent: 4. For the reasonable value of the loss of earnings and loss of earning capacity of plaintiffs' decadent: 5. For the reasonable value of the property damage sustained by plaintiffs' decadent's automobile: 6. For costs of suit incurred herein: 7. For prejudgment interest from the date of the accident, up to and including the date of judgment, according to proof at the time of trial; and 7. For such other and further relief as this court may deem just and proper. DATED: J November 17,.1993 SIM, By.VM D ORNEYS FOR PLAINTIFFS ,RA WILLS' and BRANDON hist, Minor, BY and T Mardian Ad Lite=, MORA WILLS rm � & ANTEAU, INC. 15 NIisni SNI NOIldlID W:�bb.TO 06. 82 03a RAFFIC- CUL -:S;US ;4;-- "i'S''^' AAA, .0emboommum-ow .M �� I 7 `I:Jr•rr 29 I'7 7'97'r Lw ...e- �--�'AN 1'0"1 �UT'or=F f r. Tl .. 'Z ! 071q� A. 1 r 1 lOZ$' A l9oc� M..... , . S°'97 WTFS ®� �• Lam`"-' Cy cc CAATY OWN ..Y1.n.n .� .✓R7 —3 .\A.W waa►r\..... �. /....... F ....w.... �gr3Z V G G .�., +.r. l .l.el lose". t.eT l . . 'o 41Z /NCD/ Nse .. MaNPDVIA 9/o, .c. .L a n M Bio N? n1 5�h 6 0 ny1 a.o.e►/..1 el.»IND K u ❑.M.\. ne.tc. e7.A. .,..,..... ..,�....,.. 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UR IAD NOT DL110TID _."C1EM,ATERALOMRCA_`wA•• !: AT Lu/Cnc C WILD R 01 HQ DRTL■ T© tiR I I . DRTYIR 3 0 . U► 1lLT NOT {IRfD ► Mol aOLSRiD r . No ! • �aLac C.EiT[p T TO I • PALS LML:[R7 f • SJ•r0 VLDIR KA RMI R/ w!a W. rp S • urrRMTpM 1 ' 6 T • STATION wACON RIAR P • &MOULDER %AMMUS NOT V111, MI PAS � �---4Q I LLA vo.O INCI-10. ►vf I 1 P •AJAR 01 tax. 04 VLM • . ►OL1710M ukw kowM 0•LAP ,9MOVLKA AMMLII USA M • UI I5MCULDIR PN"La f� D VIPICU 7 ,Mp o • 0r"I NOT LOW PA Fr T1 RgjrRAMT US LD R •w MOT VSsa T • ►U K . PURIRLL flLARfT NOT YS� I•M1 1gNC'L! UIL UMRJgIrr T . 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II. :s. ?s• 7 OPINIONS AND (SOW tU S rot1S 17• A SvMMAay t8. _ P• 1 WP,S 47 VF L L 1Zpvr.+4 Ont :;QfA CArJvO►J C 1" (� r �� 1t9. t PCAVC LL IfNjW02?H 6L>UND pN gRi NARRATIVE.SU.'PLEMENTA. : »o 5.M or.., `-eel 00t t:42 1 SSC �Jr a.• orrq� �, K1r.ir _ _ '%�NK� rlo� J� Q, roma �`�'-� 1900 ,.8247 I �G?�L✓1L�C�O`G._ i � Tri A/r�.irW7+\ rT'.v+'►G�i� iNano'.. � _ 5,,oa•T•�+ui c�•�n�,uoc� owl IVE�n 7 COS seen sport D C'Mr i1 D BA update D FeW D W( and M up"ks D Nuaraoua C Scr,ed Iwa p pwef. 01204 i11TMOtT AC14"T ICRATDPq&P, .TATZ M. Or.. 2. PWQ'7V PAPS -i S Or_ -TNE (OLL I C,10 C rA,,r _- No 116. %. I�t. RECpr�r�1 NDAT►pNS 7PA,. Ic INM71 sA71pnJ L4. L. • 21 26. 27 2!. 25. y QArI riK1RJr7 US* Pr.vOu. •orsanl w'f( OrpmPwCL _ (-:1 L) F'v vr c AQrL A. t S. `P- I VQ[ Un1 TAR I L� PROV V N ,E `i 4JSPITAL 10 F O A T1.1 R OQD tai u r n SSM PL � T SAr+ PL![ WAS -rAKt ^1 a,/ 6. %. 'rr w t iA , N ti -rk'- VS \r•�'(J' . 1 CAmP ' WAS ?OvIC T 0 y IN - �NQRO SCO PCC'OXrt)E AS -A&e(tJ --Ef' F? Arent t 9. 'N T F V I N t i %JA 7 1 (�1 iI! i '.�N00 f 1? l7 P 10.»r 71 T ii v / �c.rI''A,' ,p 7'Ae e✓ .. it. P Ty l✓.e C - 9 6 UI A Av c - A -'� 12. AvsE �. �>•� C4L t / S /O nJ w•9 J P,4 V P 12 Y tf• / lN vi o c A.' 70 L ,S 116. %. I�t. RECpr�r�1 NDAT►pNS 7PA,. Ic INM71 sA71pnJ L4. L. • 21 26. 27 2!. 25. y QArI riK1RJr7 US* Pr.vOu. •orsanl w'f( OrpmPwCL _ • .: .. , ... �� •O� G CV 1 µL Aa • . - -- .. 7 R;' .. ... Y aw 1p V P -'w .erow..E. too - . .... t r ^4 a I won? TREE of U.SE I I MEANMICi LMTE. TWAE. DEPT IDD I USE WA -w11 • { r ... ... .. ,•.� i".1 ��� V IGi+ i �•�� nt. �i-��� )"'''�1`� .�• Svc .. ... r t .:. t. 1 1 's n t,. Uri -11 [I!-':�•G.,�.: 51,V[nl:%$NA P1.1)3 PERSON iihTHQ--%:JZFt- TO A: 7-P A - _ �U�l :�Ar� inq 'tnn'r �nn � n � •-. Cl�lj��.Ci �..� �:)/l t.-f`!tr .'f Fill` .-. :,I 1•.ry :Jrl"r �I�e i. .1 i, ,:.J.•1 1 �. P fl i V zi ,. i.. i .J .1i 2 .aFee for service: �? . ;„ 1 am a registered California Process Server Regis„atmn numoer 1 , v County: 7> 1 66CIRM under penalty of perjury under the laws of the State of California that the foregoir+q is true and correct. Cate- � n,' , 1 slc•..n,� aclr =OunCn of Caldo'n.• SE21j1 :231 (New July t CARL WARREN & CO. AOX Insurance Adjusters Claims Management and Adm.rastratum -�0 I etc 17nc<� `.t. i ,, .NO gent., A..J_ l .1 4 -)9 -1 80 800 ; -'_ 6901) �.Ak 7'.4 -41) ,,n), TO: City of Diamond Bar ATTENTION: Lynda Burgess, CMC/AAE, City Clerk 95FEB 28 AM 11: 21 February 26, 1995 RE: Claim Barrows v. Diamond Bar Claimant Cathy Barrows D/Event 01/18/95 Rec'd Y/Office 02/17/95 Our File S 82111 ABX We have reviewed the above captioned claim and request that you take the action indicated below: [XXJ CLAIM RLJECTION: Bend a standard rejection letter to the claimalpt. [ ] CLAIM INSUFFICIENCY: In accordance with the telephone convereatio of * a notice of insufficiency must be sailed to the claimant no later than *, 19*. THIS MUST BE MAILED TO T= CLAIMANT WITHIN 20 DAYS Off'=RECEIPT OF THE ORIGINAL CLAIM IN YOUR MICE. DO NOT MMEI'1" A N LETTER, See Government Code Sections 910 and/or 910`.2 axed/or. 910.4. [ ] AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, rejecting this additional/amended claim. [ ] LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the.calaim is late and teat their only recourse is to file a written "Applia&t oft for Leave to Present a-Jaate Claim*. (Retain copies in your file.) 1 2WANW-92 MAILED To THS CLAIMANT WITHIN 45 DAYS OF RECEIPT OF TUZB �= OFFICE. M . �:.�� I#�[* T 'ER.. See Government Cods Soct '9x11.4 [ ] XNECTIC01 Reject claimant's "Application for Leave to Present a Late Claim. See Government Code Section 911.8. [ ] TAKE NO ACT=: Defer any written response to the claimant pending our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very ly yours, CARL CC�ji�iPANY fight d. Kunz cc: SCJPIA w/enc. - ,• 11 , TO PERSON OR PROPERTY INSTRUCTIONS I. Claims for death, injury to person or to personal property must be filed not later than 6 w+os. after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed or. page 2 at bottom. 7. Claim Attachmust beefilesheets, with City if necessary, (Gov, Code Sec. 915afull details. ) EACH SHEET. To: The City of Diamond Bar Name of Claimant Home Add;gss of --- TT City and State of Claimant ,— City an kd State Give address to which you desire notices or communications to be s frit regarding this claim! CLAIM Ya _�------ 95 FEB 11' N 1= 19 Age of Claimant (if natural person) Home Telephone Number Telephone Number Telephone How did DAMAGE or INJURY occur? Give 4", /' /'—_ vj.A fv c 4/ fu7 ll;n6Mpartic-u&laz!sl. ✓o SOU7'1- 3 1e6 -- ,410P iT�J Fi�tJOt2 LI,ES� /�yoA 7C�&0N7i/Z o¢ ha t oS/DEwA/� v�D �IoGt� DU7��i�/JOTOS /VCIGS�l7, %4/°P (Z0 X mfr/E- 714 e �a 7,;4,0 /t Vn did DAMAGE or INJURY occur? Give full particulars, date, time of day: mom -64 DAY X4_A_JUAf_y /9RS.gf ,9jy�.sax.mR�cly 7.'057.1- M. Where did D or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where a street names and addresses and measurements from landmarks: ppropriate, give ���' �•vclo S� � p/iv r4�s, What particular ACT or OMISSION do you claim caused the injury or damage? (G'ive names of City employees causing the injury or damage, if known: �CJE S E� 1�eQ.�s .sf ,v .o �igU 7�/D�-)/AJ ;��iA4/ �/g2zfj�2,C) What DAMAGE cr INJURIES do you claim resulted? Give full extent of injuries or damages claimed: D� 2)r9 MAC, 6e)16 A) D What AMOUNT do you claim on account of each itern of injury or damage as of date of presentation of this claim, giving basis of computation: �! el 616eA).0 7i�eC'- Give ESTIMATED Ab1OUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE r-1 ance payments received, if an; _ na.:.es of :::seance C A i /- "mpa^.y: Expenditures made on account of acc_dent cr :n;ury: (Date—Item) (An o un / ss Name and address of Witnesses, Doctors and Hospitals: A�� READ CAREFULLY For all accident claims place on following diz-gram names of streets, inciuding North, East, South, and West; indicate place o: accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and b or your vehicle when you first saw City vehicle; location of City vehicle at time of accident b "A -I" at the time of the accident by "B-1" and the point of impact by "X,,, Y "B" location of yourself Y " 1" and location of yoursei.f or your NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. 7 FOR AUTOMOBILE ACCIDENTS FOR OTHER ACCIDENTS �Amon►,� �q,e �8/✓0 Signature of Claimant or person filing on his behalf giving relationship to Claimant: ComA ,n c '•1L BE SIDEWALK Typed Name; �A �•�y �BA,e,eaQ.s WIC CI—.Y =RK (COV. CDDE SEC. 915a) LL CURB--� Date a/14 /Zs CLA1.'Y1 No---- TO o.----- --- TO PERSON OR PROPERTY rr INSTRUCTIONS 1- Claims for death, Injury to person or to personal property must be filed not later than 6 mos. after the occurrence. (Gov. Code Sec. 911.2) 95 FED 2 2 �i i 21 � U 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) To: The City of Diamond Bar Name of Claimant Age of Claimant (if natural person) Rosina C. Lam 42 Home Address of Claimant City and State Home Telephone Number 1152 Hedgewood Place, Diamond Bar, CA 91765 (909) 861 7798 Business Address of Claimant City and Stale Business Telephone Number 110 Pine Avenue, Suite 810, Lone Beach, CA 90802 1 (310) 983 8888 Give address to which you desire notices or communications to be sent regarding this claim 110 Pine Avenue, Suite 810, Long Beach, CA 90802 How did DAMAGE or INJURY occur? Give full particulars. At the junction of Diamond Bar Blvd. and Pathfinder, due to poor maintenance of road, the unprotected corner of the road cut the tier of my car (license No. 2PZM337). When did DAMAGE or INJURY occur? Give full particulars, date, time of day: At 0845 hours on January 19, 1995. Where did DAIMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: At the junction of Diamond Bar Blvd. and Pathfinder. What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: Poor maintenance of the road, leaving unprotected corner of the road explosed to traffic. What DA`LiGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Damage to right front tier. What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: Replace right front tier — $125.15. Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: Nil SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any _ na=es of ...suzance Ccmpa_ny. Ni 1 Expenditures made on account of accident or :n;ury: (Date — Item) (As:iouat; 1.19.95 4day Tier Stores - replace tier, $125.15. tiame and address of Witnesses, Doctors and Hospitais: Automobile Club of Southern California - Emergency Road Service 1-800-400 4222 READ CAREFULLY For all accident claims place on following, diagram names of streets, including 'Porth, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle n hen you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." ,:CTE; If diagrams below do not fi: t.`.e situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS ro rr ro Diamond Bar Blvd -(West Bound) 7A\ Q, r� n FOR OTHER ACCIDENTS PARKWAY CURB SIDEWALK Signature of Claimgiving or person filing on his behalf relationship to Claimant: Date Typed Name: Date Rosina C. Lam -02/20/95 BE FI..ED WITH Ct--Y =RK (GOV. CODE SEC. 915a) . 41, 4w 1; ! 1 ' ✓ %) -Q t:::! Clo. . 4n, Mon, Tue. BAR go."'r- «. 1733153 i aim a dAam a A 81 24-06139 T I ana r r r . Cane a n C 18 348 55 i 3549 E Colorado 31vd. Pasadena. CA 818 79x7084 1337 h Mountain Art Ontario. CA 714 391-3522 ❑ 195 E Bas:: Lire Rd. San &rnardlno, CA 714 884-6014 a 11881 Magnolia Ave. 010, Riverside. CA 714 35&0909 135 8 Want Rd. 060, Sunnyvale. CA 40B 73&3873 Y a rens civ Ivd. E ; 0 g as. A 213 7:.3- v 14706 E Whlttmr Blvd. Whittier, CA 310 696.1189 115880 Babika Avt San Diego. CA 619 492.9177 G 1311 Camden Ave. Campbell. CA 408 371-8020 ❑ 1050 Marina Blvd, San Landro. CA 510 895-8833 LAn a u t Cor a A 81 5.2688 L r, lure r n on 8D l as im [ J 61 i i97 >_ 3 421 E Impenal Hwy, to Habra, CA 714 992-0161 350 4 Harbor Blvd. At ahem, CA 714 535-7126 El8784 Gros,mont Blvd, La Mesa. CA 619 469.4777 111735 Morena Blvd, San Dim. CA 619 275-0561 ❑ 4320 Fruitridge Rd. Sauamesto. CA 916 393-1457 L X snot sh a BM, I H II ea I. ;A 818 7( - 2 13951 Brookhurst St. Garden Grove. CA 714 534-0601 ❑ 1232 Broadway. Chula Vista. CA 619 $91-1663 ❑ 2151 Mucari Ave, Sacramento, CA 916 922-7115 C1 3317 Inwood Ad. Gallas, TX 214 35x5517 C [ : Sot 1 1 long a t. A It 602 5^I i C C i Rot rt o Blvd .o A lel A 3'0 2E 6 193 Beach Blva Huntington Beach. CA 714 962-M 'WS -A A Tustin Ave. Santa Ana CA 714 836,7006 ❑ 944 W Mission Ave, Escondido. CA 619741-29% ❑ 4860 Stine Ad. BakerstieM. CA • 805 837.0387 ❑ 10905 Dorms Rd. 8 Dallas. TX 214 247-2134 C '6 ;ant Ira io 81 it, x Ara des. CA ;10 4 I 1 375 Bnstoi St 0105. Costa Mesa. CA 714 545-5666 ❑ 801 E Main St Ventura CA 805 648.2712 ❑ 640 S Central Expwy, Richardson TX 214 234-2424 ❑ 2930 W Irving Blvd. Irving, TX 214 79x8103 t`� G 3 blit a u 010. on it H, BMs. CA 3t 8 } 1 C ( . A S oar v da BI 1. 1 a Beh. ;A ; 0 4 3 A Auto anter Dr Irvine, CA 714 855-4417 70 ❑ 4267 State SL Santa Barbara. CA BGS 964-0595 ❑ 3421 Branrbn Et Fort Worth, TX 817 244-6162 tat in 3071 S Main SL Tanta Ana CA 714 510x6655 ❑ 390 E Gish Rd. San Jost CA 40B 436_8373 ❑ 3501 S Fielder Rd. Arlington, TX 817 468-3244 Make License Date r —_ -- --�i'_ �v 't )t r - 1 r, Ad I e ;s _ _ _ _ �_ _ _ _ � Model Mileage 3 k '-- Sod by Recommended Pressures (cold) Front F; Rear I rodu:-r Cora (1t III acid line Sin r.a - �.; 'ten- ---- � Cart !—_ ---. F F [7f CO,le---- iR •. Acc,ibalanee I C;--------- .0 141 ment _ _ ire.if,1LFee4 Ru it a ii'- Metal ❑ RF _ RR ON a s is [I Needed ❑ Op1;ralor '� ' -t.-'? Paid by ❑ Cash Nheck No. Unit Pricel FET I Total Price SUB -TOTAL SALES TAX Visa ❑ MC ❑ Disc. INVOICE TOTAL Limited "IL k 0 dy mile 4day guarantee If, before you receive ;he specified mileage. a -tire pur- chased with 4day guarantee becomes unusable in normal use due to product failure, rapid wear, road hazard or run - flat but not including collision or curb damage, we will give you credit on purchase of another the or mail you a check (allow 2 to 3 weeksl upon return of tire, invoice and vehicle to check odometer). Replacement tire will be sold at our current price instead of an inflated "list" or "ex- change" price, plus excise tax. Credit or check will be per- centage of unused miles multiplied by original selling price per table on other side. Repairable punctures fixed free. To keep wear portion in effect, bring guarantee to any 'M'1 4day-Tire Store every 4,000 to 6,000 miles so we can adjust inflation, inspect for unusual wear, rotate free if needed, inform you if alignment or other work is required, and record date, wear rate and mileage. Needed corrections must be made within 500 miles at any qualified shop and repair bill kept in car with guarantee. If any interval exceeds 6,000 miles, rapid wear portion of guarantee is voided or credit is substantially reduced, but other benefits are retained. In most rapid wear cases, operator or terrain is harder than average on tires, or car has mechanical problems, so rapid wear replacement tire will not carry rapid wear guarantee unless customer steps up to a longer Amount _� GI 50P-312 7117192 1GDM 3" wearing tire or, if not available, 4day reserves right to issue credit by check. Alignment by 4day is guaranteed for 6;000 miles. Dynamic balance by 4day is guaranteed 1,000 miles. If tire adjusted under 4day guarantee, no rebalancing charge if within 10,000 miles. Tubes carry mfr's material & workmanship warranty but no road hazard coverage. All obligations or liabilities for incidental or consequential damages are excluded. For years mfrs' warranties routinely covered road hazard damage and sometimes even premature wear. Today almost no factory warranty protects against road hazards (continued on back) CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. U �1 TO: Terrence L. Belanger, City Manager MEETING DATE: March 7, 1995 REPORT DATE: March 1, 1995 FROM: George A. Wentz, City Engineer TITLE: Reduction and Exoneration of Subdivision Improvement Bonds for Tract 47851 (Diamond Bar East Partners) ISSUE: Consider exoneration and/or reduction in security amount (surety bond) commensurate with progress of work for various improvements required in accordance with the subdivision agreement for Tract No. 47851. RECOMENDATION: By minute action authorize exoneration and/or reduction in amounts of certain bonds posted as security for performance of various items of work required in relation to approval of final map for Tract No. 47851. LIST OF ATTACHMENTS:_X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specifications _ Ordinances(s) (on file in City Clerk's Office) _ Agreement(s) _ Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been N/A _ Yes _ No reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 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? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Vl ' errence L. Bela r Frank Shereorge 4Wevtz City Manager Assistant City Manager City Engine r CITY COUNCIL REPORT AGENDA NO. MEETING DATE:March 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Reduction and Exoneration of Subdivision Improvement Bonds for Tract No. 47851 (Diamond Bar East Partners) ISSUE STATEMENT: Consider exoneration and/or reduction in security amount (surety bond) commensurate with progress of work for various improvements required in accordance with the subdivision agreement. RECOMMENDATION: It is recommended that the City Council move that: a. Bond No. 151304S of Developers Insurance Company for Domestic Water System Improvements be declared null and void and exonerated; and b. Bond No. 139424S of Developers Insurance Company for Grading Improvements be reduced from $913,743 (Faithful Performance) to $735,000 and that the Labor and Material Bond be reduced in the same proportion; and c. Bond No. 139425S of Developers Insurance Company for Erosion Control and Dewatering Bond be reduced from $291,893 (Faithful Performance) to $120,000 and that the Labor and Material Bond be reduced in the same proportion; and d. Bond No. 151302S of Developers Insurance Company for Storm Drain, Street, Sanitary Sewer and Sanitary Sewer Lift Station Improvements Bond be reduced from $1,833,000 (Faithful Performance) to $900,000 and that the Labor and Material Bond be reduced in the same proportion; and e. direct the City Clerk to notify the Principal and Surety of these actions. FINANCIAL SUMMARY: Taking this recommended action has no fiscal impact on the City. BACKGROUND/DISCUSSION: At the time of approval of the final map for Tract No. 47851, certain improvements required as a condition precedent to approval of the final map had not been completed and accepted. In accordance with §66462 of the Subdivision Map Act, the City entered into agreement with the subdivider to complete these Bond Reduction - Tract 47851 Page 2 March 7, 1995 improvements. The subdivider guaranteed faithful performance of this agreement by posting with the City various surety bonds - bonds for Grading Improvements, including dewatering and erosion control; Storm Drain, Street, Sanitary Sewer and Sanitary Sewer Lift Station Improvements; Domestic Water System Improvements; Planting and Irrigation Improvements; Reclaimed Water System Improvements and the setting of subdivision survey monuments. While the entirety of the agreement has not been satisfied, the subdivider has satisfactorily completed substantial amounts of the work and has requested that a reduction in the original amounts of certain bonds be authorized. Grading Improvements (including Erosion Control and Dewatering) The subdivider has completed all rough grading, including installation of subdrains, in accordance with the approved plans, except for parkway grading associated with street improvements. "As -graded" plans and reports have been approved for Lots 1 through 17 and 20 through 31. Lots 32 through 47 are also graded, however these lots are subject to additional review at the completion of a settlement monitoring program. Settlement monitoring is primarily a data gathering exercise and does not imply any future grading work. Lots 18 and 19 are graded, but are subject to dedicated building restriction rights due to geologic hazard (landslide) and will not be approved until completion of some future work. While various landslide remediation methods have been discussed, no specific method has yet been approved. It is estimated that complete landslide remediation would require approximately 350,000 cubic yards of earthwork both on and offsite. Alternatively, a buttress might be constructed at the head of the slide area which would require less earthwork. Another, alternative might be the construction of shear pins at the upper end of the slide area to secure a safe building pad area. It is estimated the cost of complete landslide remediation (the most costly alternative) is approximately $735,000. It is recommended that the Grading Bond be reduced from $913,743 (Faithful Performance) to $735,000 and that the Labor and Material Bond be reduced in the same proportion. It is recommended that the Erosion Control and Dewatering Bond be reduced from $291,893 (Faithful Performance) to $120,000 to ensure the completion of any work that may be required to maintain temporary erosion control throughout the site and that the Labor and Material Bond be reduced in the same proportion. Storm Drain, Street, Sanitary Sewer and Sanitary Sewer Lift Station Improvements The subdivider has completed all storm drain improvements in accordance with the approved plans, except that final adjustment of manholes to grade and final inspection have not been completed pending construction of streets and cleanup. Bond Reduction - Tract 47851 March 7, 1995 Page 3 The subdivider has not completed any street improvements (except subgrade preparation). The subdivider has completed all sanitary sewer improvements in accordance with the approved plans, except that a portion of the mainline through lots 20 and 43 (which connects the line in Woodbridge Court to that in Oak Knoll Drive), final adjustment of manholes to grade, final cleanout and inspection have not been completed pending construction of streets and cleanup. The subdivider has not completed any sanitary sewer lift station improvements. It is recommended that the Storm Drain, Street, Sanitary Sewer and Sanitary Sewer Lift Station Improvements Bond be reduced from $1,833,000 (Faithful Performance) to $900,000 to ensure the completion of the work and that the Labor and Material Bond be reduced in the same proportion. Domestic Water System Improvements The subdivider has completed all domestic water system improvements in accordance with the approved plans. Staff has been advised by Walnut Valley Water District that improvements have been accepted and placed in operation. It is recommended that the obligations under the bond be declared null and void and the bond be exonerated. CONCLUSION: In approving bond reductions as recommended sufficient amounts remain in all surety bonds to provide for the costs of satisfying the Subdivider's remaining obligations under the Subdivision Agreement should it be necessary for the City to complete such work remaining. Action in accordance with the above recommendations is acceptable by minute action. In all other respects the bonds and agreement remain unchanged. PREPARED BY: MicLaelZD . Mye , P.E. for George A. entz, P.E. City Engineer �l��� b� �Y�i.xbrrn nen AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: March 7, 1995 REPORT DATE: March 1, 1995 FROM: George A. Wentz, City Engineer TITLE: Golden Springs Drive Landscape Medians from the Westerly City Limit to Lemon Avenue. SUMMARY: At this time, the construction of the Golden Springs Drive Landscape Medians between the westerly City limit and Lemon Avenue is near completion. There are two requests being made of the Council: (1) That you authorize increase payments to the contractor due to changes needed from conditions found in the field and (2) For increased costs related to modification of the left -turn pocket on westbound Golden Springs Drive at Arkley Drive to a fully landscaped median. The project was extended by ten working days to modify the median as approved. With the revised schedule, the City requested a proposal from SA Associates to provide the extended inspection services at a previously agreed upon hourly rate of $48.00. This amendment will increase the SA Associates contract by $3,000.00. RECOMMENDATION: That the City Council authorize the City Manager to execute a construction contract amendment with Advanced Construction in the amount of $34,079.30 and a professional services contract amendment with SA Associates to increase the contract amount by $3,000.00. LIST OF ATTACHMENTS: X Staff Report Resolution Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification Bid Specifications (on file in City Clerk's Office) X Other: Advanced Construction Change Order Request & SA Associates fee proposal 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? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger Frank M. Usher George A. Wentz City Manager Assistant City Manager City Engineer C:\WP60\LINDAKAY\AGEN95\GldSp-co.SAA CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Golden Springs Drive Landscape Medians from the Westerly City Limit to Lemon Avenue. ISSUE STATEMENT: To approve the construction change orders of $34,079.30 as requested by Advanced Construction and to increase the SA Associates' contract amount from $9,500.00 to $12,500.00. RECOMMENDATION: That the City Council authorize the City Manager to execute a construction contract amendment with Advanced Construction in the amount of $34,079.30 and a professional services contract amendment with SA Associates to increase the contract amount by $3,000.00. FINANCIAL SUMMARY: The total amount allocated for the project was $260,000 from Landscape Assessment District #38 fund. The increase of $37,079.30 will be funded by District #38 Reserve Fund of $52,716.00. BACKGROUND/DISCUSS ION: On September 20, 1994, the City Council awarded a contract to Advanced construction in the amount not -to - exceed $247,822.90 with no contingencies. The total allocated project budget was $260,000. There are two requests being made of the Council: (1) That you authorize increase payments to the contractor due to changes needed from conditions found in the field and; (2) For increased costs related to modifications of the left -turn pocket on westbound Golden Springs Drive at Arkly Drive- as approved by the City Council. The change orders reflect costs due to: • The pavement section being two inches deeper than anticipated; • Additional requirements for a deeper curb section; • Additional drainage construction to mitigate potential impact on the street; • Additional landscaping; Ouldcn Springs 15rive Landscape Mcdians from the Westerly City Limit to Lemon Avenue March 7, 1995 Page 2 • Additional sidewalk installation and; • Addition of the median to eliminate the turn pocket as originally designed. The total change order amount is $37,079.30 and copies of changed items are attached as information. The project was extended by ten working days to modify the median as approved. With the revised schedule, the City requested a proposal from SA Associates to provide the extended inspection services at a previously agreed upon hourly rate of $48.00. SA Associates has submitted a not -to -exceed amount of $3,000.00 for the additional inspection services. This amendment will increase the not -to -exceed contract amount with SA Associates to $12,500.00. Prepared By: David G. Liu C: \WP60\LHgDAKAY\CCR-95\G[dSp-co.SAA Fa CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 C O N T R A C T C H A N G E O R D E R CHANGE ORDER NO. / DATE X1017-5 ORIGINATED BY THIS CHANGE ORDER IS APPLICABLE TO: PROJECT NO. o 68 9S CONTRACTOR r • �Q �'o i �Jl�/�' PROJECT TITLE a 0l d e 0 .5"Qr1!? yq'i C� � C'®a►c'1� ?i�• �%� �� 0 y l spa dta/ . 5'38 NOTICE TO PROCEED I'D Z10 /94 - SCHEDULED COMPLETION DATE ,r4 -y i9 Nlay�il Gq g7 Sio3 TOTAL OF CONTRACT PRIOR TO THIS CHANGE ORDER $ 1 �c 7 831 • 5'0 CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES: THE AMOUNT OF THE CONTRACT WILL BE (N:CREASE DECREASED BY THE SUM OF $ 3it o 79.-3 0 THE CONTRACT PERIOD WILL BE CONTRACT TOTAL INCL. THIS NCREASED ECREASED/UNCHANGED /O DAYS CHANGE ORDER $ REVIEWED BY I L DATE PROJECT ENGINEER ice/ CITY ENGINEER APPROVED Y DATE A/w 919s CO TOR CITY MANAGER ADVANCED CONSTRUCTION PIMA CORPORATION 2/21/1995 CHANGE ORDER # 1 1 -For item #2 ( "A/4 vE EXiJr. 6 "tel C -J A) Change of quantity 24151 -22271= 1880x.90 =1692.00 B) Change of 6" AC to 8" AC Removal 24151 x.20= 4830.20 Total change for item #2 = 1692+ 4830.20 =$6522.20 ✓ A^1jw* c r 2- For item #3 C -4i-4 ca, 6) Z#g3 A) Change of 12" curb to 14" = 2068x.40= $10�r o pr3..L �� 3- For item #5 e C°-v1T,e(.c7 6",4 c bAi e�,rovx. .d .s e J A) Change of quantity 5069 -4873= 196 x 2 = 392 B) Change of 6" replace AC to 8" = 5069x.30 = $1520.70 Total for item # 5 $1912.70 4- For item #7 <' G4.v-s7c&CT 4_1 - G c f r? ) A) Change of quantity 1164-895= 269x10= 2690.00 B) Change of 12" C & G to 14" = 1164x.80 =$931.20 Total for item #7 $3621.20 ✓ 5- For item #10 ( IS "Rc h J Change of quantity 80-75=5x48=$240.00 938 LINCOLN BLVD. SANTA MONICA CA. 90403 LICENSE NO:661449 F� G. DEPT E6 2? c1ryF 5 l 014Mo U9/arraa;3 D_- P.O _P.Oj; ------------------ Dept Approval Finance Approval City Mgr Approval tit applicable) Special Insttuctions ADVANCED CONSTRUCTION ------ ------ ------ -------- -------- -------- -------- -------- PIMA CORPORATION LICENSE NO:661449 2/21/1995 6- For item #16 (41'D-7001 c CJs S �J Change of quantity 476-290=186x18=$3348.00 7- For item #20 Change of quantity 912-885=27x20=$540.00 8- For item #23 Ce -/' A? el",Vcc riaX.vlc1tJ Change of quantity 2779-1700=1079x3.00 =$3237.00 9- For item #26 C />zP cc,54N v - 7 Change of quantity 7-6=1 x250= $250.00 10- Change of left turn pocket on ARKLEY Dr. Price LS $12,380.00 ✓ 11- Change of 4 each Q.C.V. 4x85= $340.00 ✓ 12- Furnish & Install one filter with pull box LS $195.00 ✓ 13- Contruction sign NO CHARGE 14- Installation of two 24" Box tree 2x 250=$500.00 ./ GRAND TOTAL $34 3 30 $ > 7F 3 o AMENDMENT NO. 1 TO THE CITY'S PROFESSIONAL SERVICES AGREEMENT FOR THE GOLDEN SPRINGS DRIVE LANDSCAPE MEDIANS FROM THE WESTERLY CITY LIMIT TO LEMON AVENUE This Amendment No. 1 to the City's Professional Services Agreement is made and entered into this day of , 1995, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and SA ASSOCIATES (hereinafter referred to as "CONSULTANT"). A. Recitals:, (i) The CITY has heretofore entered into an agreement, with SA Associates to provide professional construction inspection services with respect to the Golden Springs Drive Landscape Medians from the westerly City -limit to Lemon Avenue, dated September 22, 1995 ("SAID AGREEMENT" hereinafter). (ii) The revised construction schedule for the Golden Springs Drive landscape medians from the westerly City limit to Lemon Avenue necessitates an extended construction inspection services period and shall be included into the AGREEMENT. (iii) CONSULTANT has submitted a proposal ("PROJECT" hereinafter), a full, true and correct copy of which is attached hereto as Exhibit "B" to provide construction inspection services at a lump sum cost of $3,000.00. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: B. Amendment to Agreement: Section B: Subsection 2(a) is hereby amended to read in words and figures, as follows: "2(a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" and "B" hereto and all in accordance with applicable Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY and in accordance with the standard of care normally provided by practitioners of the engineering profession." Section B: Subsection 3(a) of the original agreement is hereby amended as follows: "3(a) To pay consultant a maximum sum of Twelve Thousand Five Hundred dollars and no cents ($12,500.00) for the performance of the services required by the original agreement and the supplemental agreement." Each party to this Supplemental Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Supplemental Agreement shall be valid and binding. Any modification of this Supplemental Agreement shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as of the day and year first set forth above: CONSULTANT: SA ASSOCIATES Shahnawaz Ahmad Principal CITY OF DIAMOND BAR City Manager DATE: c:\WP60\LINDAKAY\AGREE-95\SA#1-01.25 2 A S S O C I A T E S January 17, 1995 Mr. David G. Liu, P.E. City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-417-7 Subject: Construction Administration/Inspection Services for the Golden Springs Drive Median Island Project Dear Dave: Ei. DEPT. K 18 1995 CITY Of DIAMOND BAR Now that the Median Island Project is nearing completion, we are in a better position to estimate the final costs for Construction Administration/inspection Services. Based on the contractor's latest schedule, the completion time is anticipated to in be in the first week of February, 1995. Our proposal of August 4, 1994 was based on a completion time of 60 calendar days, and on providing inspection 24 hours per week for 6 weeks for a total of 144 inspection hours. - The following is'the construction schedule: Notice to Proceed October 10, 1994 Completion at 60 Calendar Days December 8, 1994 4 Rainy Days December 12, 1994 Change Order No. 1 (10 calendar days) December 22, 1994 The following Construction Adininistrailon/inspection Services are siiii left to be completed or are on-going. Items 2 through 5 were included in our original scope of work: 1. Construction inspection. Based on our present level of effort we estimate an additional 34 hours of inspection time in December and January. This would bring the total amount of inspection time incurred to 252 hours. 2. Review of construction progress estimates and recommendation for progress and final payments to the contractor. 3. Evaluate change order requests. 4. Assistance in final inspection and testing and prepar.- punch list. 5. Prepare "as -built" drawings based on information furnished by the contractor. 325 N 5'Iite O. 4r -ida, C4 ?10(� _ _ &21 3=5u FAX 815 445-1 A31 SA A S S O C I A T E S Mr. David Liu January 17, 1995 Page 2 As of January 15, 1995, 236 hours of inspection time have been used. This includes the City requested change order for installing left -turn pockets. The total fee expended up to that point is $13,499.18. Our original fee was $9,500. We will absorb the additional costs incurred ($3,999.10) up to December 8, which was the original completion date. Any costs beyond December 8 will be billed on a time and materials basis. Attached is a breakdown of hours. Based on the above, we request that an additional $3,000 be approved for this project, for a total of $12,500. If you have any questions or desire additional information, please contact me. Very truly yours, �p Shahnawaz Ah , P. E. Principal SA:Ikt y �U 0 �o ug 2y 28 O� FA FAjr spy 2 UW �o ¢J M� 9 SA A S S O C I A T E rn Wa 9� $v IN 9 m co cc > 13 w� MENSEENE 3mommmou -mon 11 m x,:1111 IB milli WIN all 11in� MINIM 1111 9I'9 1 X11111 In oil a 9 m co cc > 13 w� CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. -� TO: Honorable Mayor and Members of the City Council MEETING DATE: March 7, 1995 REPORT DATE: March 2, 1995 FROM: Terrence L. Belanger, City Manager TITLE: A Resolution of the City Council of the City of Diamond Bar Authorizing the Department of General Services of the State of California to Purchase Certain Items on the City's Behalf pursuant to State Contract No. 1-95-23-20. SUMMARY: The Department of General Services of the State of California is the lead public agency that administers the statewide purchasing contracts for materials, supplies and equipment. Each year the Department of General Services releases contracts for volume discount pricing on sedans, station wagons, trucks and utility vehicles. The Department of General Services has approved the use of these contracts by other public agencies interested in purchasing vehicles. The City is interested in purchasing a GMC C2500 3/4 ton truck from the statewide purchasing contract and has budgeted funds for that purpose. RECOMMENDATION: It is recommended that the City Council approve Resolution 95 -XX authorizing the Department of General Services to purchase certain items on the City's behalf. LIST OF ATTACH MENTS:_Staff Report _ Public Hearing Notification XResolution(s) _ Bid Specification Ordinances(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes _. No Which Commission? 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: � � A Teerence L. B City Manager Assistant City Manager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS ON THE CITY'S BEHALF PURSUANT TO STATE CONTRACT NO. 1-95-23-20. A. Recitals. WHEREAS, the Department of General Services of the State of California has been designated as the lead public agency to contract for volume discount pricing on sedans, station wagons, trucks, vans, and utility vehicles; and WHEREAS, each year the Department of General Services issues contracts for these vehicles and has approved the use of these contracts by other public agencies throughout the State of California; and WHEREAS, the City of Diamond Bar is interested in participating in the statewide purchasing program for the purpose of purchasing a vehicle; and WHEREAS, California Government Code Section 6502 authorizes the City to participate jointly with other public agencies in such a program. B. Resolution. follows: NOW, THEREFORE, it is hereby resolved, ordered, and determined, as 1. The City's participation in the statewide purchasing program for vehicles under State Contract 1-95-23-20 is hereby approved and joint participation is hereby authorized pursuant to the provisions of California Government Code Section 6502. 2. Pursuant to Section 14814 of the California Government Code, the City of Diamond Bar does hereby authorize and direct the Office of Procurement, Department of General Services of the State of California to execute purchase orders and documents on the City's behalf, and to perform such other acts and deeds as may be necessary or convenient to effect the purposes of this resolution and the City's participation in the statewide purchasing program for model trucks, van, and utility vehicles 3. The City Council of the City of Diamond Bar does hereby authorize the City Manager to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City. 4. All legal prerequisites to the adoption of this Resolution have occurred. 5. This resolution shall take effect from and after its date of adoption. PASSED, ADOPTED, AND APPROVED 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 the day of , 1995, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR r AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: March 7, 1995 REPORT DATE: February 27, 1995 FROM: Bob Rose, Community Services Director TITLE: Resolution No. 95 -XX of the City Council of the City of Diamond Bar Approving Plans and Specifications for A.D.A. Modifications to Existing Tot Lot Area, Restroom Building and Various Site Accessibility Improvements at Maple Hill Park in the City of Diamond Bar and Directing the City Clerk to Advertise to Receive Bids. SUMMARY: On November 15, 1994, the City Council approved the conceptual plan for the retro -fit of Maple Hill Park to meet the accessibility requirements of the Americans with Disabilities Act (A.D.A.) of 1991, and directed staff to have construction plans and project specifications completed. The plans and specifications have been completed by R.J.M. Design Group and are prepared to be approved by the City Council The plans and specifications have been plan checked and approved by Building and Safety, and, since this project is funded with C.D.B.G. funds, reviewed and approved by C.D.C. of Los Angeles County. RECOMMENDED ACTION: It is recommended that the City Council adopt Resolution No. 95 -XX approving the plans and specifications for the retro -fit of Maple Hill Park to meet the accessibility requirements of the Americans with Disabilities Act of 1991 and direct the City Clerk to advertise to receive bids LIST OF ATTACHMENTS: X Staff Report g Resolution(s) _ Ordinance(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 by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? What Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: •_ Yes No • Yes No Yes _ X No X Yes No Parks & Recreation Commission Yes X No REVIEWED BY: Terrence L. Belanger --u Frank M. Usher Bo Rose City Manager Assistant City Manager Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrance L. Belanger, City Manger SUBJECT: Resolution No. 95 -XX of the City Council of the City of Diamond Bar Approving Plans and Specifications for A.D.A. Modifications to Existing Tot Lot Area, Restroom Building and Various Site Accessibility Improvements at Maple Hill Park in the City of Diamond Bar and Directing the City Clerk to Advertise to Receive Bids. ISSUE STATEMENT: Shall the City Council adopt Resolution No. 95 -XX approving the plans and specifications for the retro -fit of Maple Hill Park to meet the accessibility Requirements of the Americans with Disabilities Act of 1991? RECOMMENDED ACTION: It is recommended that the City Council adopt Resolution No. 95 -XX approving the plans and specifications for the retro -fit of Maple Hill Park to meet the accessibility requirements of the Americans with Disabilities Act of 1991 and direct the City Clerk to advertise to receive bids. FINANCIAL SUMMARY: The Maple Hill Park A.D.A. retro -fit project is an approved C.I.P. Project in the 1994/95 fiscal year budget. There is $181,000 in C.D.B.G. funds allocated for this project. Also, an additional $100,000 is available in the 1995/96 C.D.B.G. allocation for this project, making available a total of $281,000. The total estimated cost of the project is $281,000. BACKGROUND: On November 15, 1994, the City Council approved the conceptual plan for the retro -fit of Maple Hill Park to meet the accessibility requirements of the Americans with Disabilities Act (A.D.A.) of 1991, and directed staff to have construction plans and project specifications completed. The plans and specifications have been completed by R.J.M. Design Group and are prepared to be approved by the City Council The plans and specifications have been plan checked and approved by Building and Safety, and, since this project is funded with C.D.B.G. funds, reviewed and approved by C.D.C. of Los Angeles County. Council Report A.D.A. Modifications March 7, 1995/Page 2 DISCUSSION: The retro -fit design of Maple Hill Park is in response to the Americans with Disabilities Act of 1991 (A.D.A.) that requires public parks to be accessible to the physically challenged. The items in the park that are scheduled for retro -fit include: 1. Restrooms, to make them fully equipped for handicapped use. 2. Proper signage for the entrance of the park 3. Accessible playground surfacing and play equipment for the disabled. 4. Removal of the steep cross -slope in the parking lot where the handicap parking stalls are located. 5. Change of grading in the restroom and playground area to remove the steep sloping of the walkways. 6. Reconfiguration of the walkway to the tennis courts to make the courts accessible. 7. Construction of a picnic shelter to provide accessible picnic tables and barbecues. The plans and specifications are broken down into three parts, in case phasing of the project is required due to limited availability of C.D.B.G. funding. The first phase of the project includes the playground, restroom and parking lot areas. Bid alternate A, or Phase Two, includes the walkway up to the tennis courts. Bid Alternate B, or Phase Three, includes the construction of the picnic shelter. All three phases will be bid upon now, and, depending on bids received, the project will be constructed as a single phase, if sufficient funds are available. Currently, there is $281,000 in C.D.B.G. funds available for this project. This amount should come very close to funding all three phases of the project. PREPARED BY: Bob Rose Community Services Director RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR A.D.A. MODIFICATIONS TO EXISTING TOT LOT AREA, RESTROOM BUILDING AND VARIOUS SITE ACCESSIBILITY IMPROVEMENTS AT MAPLE HILL PARK IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. "This is a Federally assisted construction contract and Federal labor standards, including the Davis -Bacon requirements, will be enforced If Federal and State wage rates are applicable, then the higher of the two will prevail: " WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the purchase and installation of certain improvements. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for improvements at Maple Hill Park in the City of Diamond Bar. SECTION 2. 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: all M I"TA 0 0 1 amll 3111113112:II s;41 'to'sCM 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 11:00 o'clock A.M. on April 7, 1995, sealed bids or proposals for improvements at Maple Ell Park in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21650 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 Maple Hill Park in the City of Diamond Bar. AD.A Modifications to Maple Hill Paris 1 City of Diamond Bar 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, 21650 E. Copley Drive, Diamond Bar, California, 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. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty ($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 hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 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 apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. A.D.A. Modifications to Maple Hill Park 2 City dDiamond Bar 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 standard, 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 days work for all workmen employed in the execution of the 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 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 ($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 hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 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. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City ofDiamond Bar for an amount equal to at least 10 percent (101/6) 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, cashiers check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City ofDiamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder 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 A.D.A. Modification to Maple Hill Park 3 City of Diamond Bar 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 at the time of award 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 $75.00, said $75.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non -reimbursable payment of $15.00 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 9-3 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). A.D.A. MoMcatioos to MaPla Hill Park 4 City of Diamond Bar 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 day of 1995. PASSED, APPROVED AND ADOPTED this day of , 1995. MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995 by the following vote: AYES: NOES: ABSENT: ABSTAINED: LYNDA BURGESS, City Clerk City of Diamond Bar COUNCIL MEMBERS: COLjNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: AD.A Modification to Maple Hill Park 5 City of DWnmd Bar CITY br 75VA16M n.�n AGENDA REPORT AGENDA NO. k , r• v TO: Terrence L. Belanger, City Manager MEETING DATE: March 7, 1994 REPORT DATE: February 28, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Traffic Signals Installation on Golden Springs Drive at Golden Prados Drive, Prospectors Road, and Carpio Drive SUMMARY: On January 17, 1995, the City Council authorized staff to advertise for bids for the installation of traffic signals on Golden Springs Drive at Golden Prados Drive, Prospectors Road, and Carpio Drive. At this time, the City proposes to award a contract to the lowest responsible bidder, Macadee Electrical Construction. RECOMMENDATION: It is recommended that the City Council award a contract to Macadee Electrical Construction in the amount not -to -exceed $217,910.00 and provide a contingency of $22,000.00. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specifications (on file in City Clerk's office) Ordinances(s) _ Other: X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: t -- errence L. Belanger Frank cher eorge A. We—nii- J City Manager Assistant City Manager City Engineer c:\wp60\tind&ay\agcn95\twucadee.301 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Traffic Signals Installation on Golden Springs Drive at Golden Prados Drive, Prospectors Road, and Carpio Drive ISSUE STATEMENT: The City proposes to award a contract for the installation of traffic signals on Golden Springs Drive at Golden Prados Drive, Prospectors Road, and Carpio Drive to Macadee Electrical Construction, the lowest responsible and most qualified bidder. RECOMMENDATION: It is recommended that the City Council receive the bids and award the proposed contract to Macadee Electrical Construction for the installation of traffic signals on Golden Springs Drive at Golden Prados Drive, Prospectors Road, and Carpio Drive in an amount not -to -exceed $217,910.00. Further, it is recommended that the Council authorize a contingency amount of $22,000 for project change orders to be approved by the City Manager., FINANCIAL SUMMARY: The total allocated project budget is $372,000 of Gas Tax Fund and our engineer's estimate was $270,000.00. BACKGROUND: On January 17, 1995, the City Council authorized staff to advertise and receive bids for the installation of traffic signals on Golden Springs Drive at Golden Prados Drive, Prospectors Road, and Carpio Drive. In response to the advertisements, a total of thirty (30) contractors obtained plans and specifications for the project. DISCUSSION: Formal bids were received and opened on February 15, 1995 from twenty (20) firms. The bid proposal included traffic signals construction, traffic signal interconnect, signing and striping. C:\NP60\LINDAKAY\CCR-95\tsmacadee.301 CITY OF DIAMOND BAR GOLDEN SPRINGS DRIVE AT GOLDEN PRADOS/PROSPECTORS/CARPIO March 7, 1995 Page 2 The bids received were as follows: COMPANY TOTAL BID AMOUNT 1. Macadee Electrical Construction $217,910.00 2. L & R Electric Co. $219,104.37 3. Hovey Electric, Inc. $222,998.50 4. Signal Maintenance Inc. $228,878.85 5. Municipal Underground, Inc. $232,298.82 6. F. J. Johnson, Inc. $233,145.05 7. Hillside Contractors Inc. $239,664.00 8. C.T. & F. Inc. $239,877.00 9. R. E. Harbor & Company, Inc. $242,970.15 10. Advanced Electric $243,294.75 11. Dela Cruz Construction, Inc. $250,871.00 12. Dunn Electric Inc. $251,841.00 13. DBX, Inc. $254,777.00 14. MBE Electric Inc. $261,362.30 15. Steiny and Company Inc. $262,674.00 16. Paul Gardner Corp. $269,847.00 C:\WP60\LINDAKAY\CCR-95\tsmacadee.301 CITY OF DIAMOND BAR GOLDEN SPRINGS DRIVE AT GOLDEN PRADOS/PROSPECTORS/CARDIO March 7, 1995 Page 3 17. Taff Electric Co. $277,660.02 18. Paige Electric $286,390.43 19. Comet Electric $299,574.00 20. Sierra Pacific Electric Company $318,085.25 The bid of $217,910.00 submitted by Macadee Electrical Construction has been determined by staff to be the lowest responsible bid. The engineer's estimate for the construction was $270,000.00 It is anticipated that the construction will begin on March 20, 1995 and be completed by the end of June. Prepared By: David G. Liu C:\WP60\LINDAKAY\CCR-95\tsmacadee.301 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 Mayor and the City Attorney, by and between Macadee Electrical Construction hereinafter referred to as the" CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the City's request for proposals, bids were received, opened and declared; and WHEREAS, City did accept the bid of Contractor Macadee Electrical Construction and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for the Traffic Signals Construction on Golden Springs Drive at Golden Prados, Prospectors Road, 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 Signals Construction on Golden Springs Drive at Golden Prados, Prospectors Road, and Carpio Drive. Said work to be performed in accordance with specifications and standards on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City.Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of 1 the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within 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 City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers, compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: E 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties 'specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in a form satisfactory to the City. 3 d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the 4 regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 5 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the Contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: 2 a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated February 15, 1995. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such h termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. 583125 Macadee Electrical Construction 14771 Cherry Circle Chino Hills, CA 91709 o� C) 7 Date By: 7`�" Ce �Ji •O,Prt j TITLE CITY OF DIAMOND BAR, CALIFORNIA By: MAYOR By: CITY CLERK Date Contractor's Business Phone (909) 597-8348 Emergency Phone at which Contractor can be reached at any time APPROVED AS TO FORM: 2-z-�� Date c:\WP60\lindakay\agree-95\macadee 8 aZHK'II�Te1i Jloj ZVXK2Xnooa ON TT • 9 ON IMILI VaXgDK CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �. I TO: Honorable Mayor and City Council MEETING DATE: March 7, 1995 REPORT DATE: March 3, 1995 FROM: Terrence L. Belanger, City Manager ISSUE: Amendment to the agreement for city manager services, which includes a salary increase, and modification as to termination clause and vacation leave provisions. DISCUSSION: On February 21, 1995, the Diamond Bar City Council approved a salary increase for the City Manager, Terrence L. Belanger. The salary increase is for 6% of the base monthly salary, from $7,600 per month to $8,056 per month. The salary is effective March 1, 1995. Two other amendments are proposed to the agreement. One, the modification of the termination clause provide a 4/5 vote of the City Council for the termination of the city manager services, which is similar to the proposed termination provision in the City Attorney and Special Associate City Attorney agreement. The other change is to the vacation leave provision of the agreement. Under the existing practice, the City Manager accumulates vacation with no maximum. However, Personnel Rules and Regulations that currently apply to other City employees, provide for a "cap" on the maximum accumulation of vacation, 160 hours. For the other City employees, any vacation accrued over 160 hours requires it either be taken or cashed out. The purpose for this is to control the unfunded liability level related to such accumulation. The Personnel Rules and Regulations provide for a different accumulation policy for City Manager. The established practice does not set a maximum accumulation amount. Further, there was not a sufficient explicit policy for maximum accumulation. It is proposed that the city manager maximum vacation leave accumulation be 60 days (480 hours) and that all vacation leave accumulated over 480 hours must be taken or cashed out. RECOMMENDATION: It is recommended that the City Council of Diamond Bar approve the amendment to the agreement between the City of Diamond Bar and Terrence L. Belanger for city manager services, and the Mayor be authorized and directed to execute the amendment to the agreement. 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? _ Yes X No Report discussed with the following affected departments: RE7:B: Terrence L. elanger City Manager (A VY (W ()IAMUNI] BAR AGENDA REPORT AGENDA NO. �Z TO: Honorable Mayor and City Council MEETING DATE: March 7, 1995 REPORT DATE: March 3, 1995 FROM: Terrence L. Belanger, City Manager ISSUE: Appointment of City Attorney. DISCUSSION: On February 21, 1995, the Diamond Bar City Council appointed Michael Jenkins, of Richards, Watson & Gershon, to the position of City Attorney. Effective date of the appointment is March 1, 1995. The City Council directed staff to place on the March 7, 1995, agenda an agreement for legal services with the firm of Richards, Watson & Gershon, which names Michael Jenkins as City Attorney, and Amanda Susskind as Assistant City Attorney. Compensation for basic legal services is $125 per hour, up to 45 monthly hours. Any hours over the 45 hour limit would be billed $135 per hour. Litigation services, as well as, other special legal services, would be negotiated. The termination provision of the city attorney services requires a 4/5 vote of the City Council. This clause is similar to the termination clause in the now Associate City Attorney agreement (Michael Montgomery) and that which is proposed in the City Manager services agreement. RECOMMENDATION: It is recommended that the City Council of Diamond Bar approve the agreement between the City of Diamond Bar and Richards, Watson & Gershon for city attorney services, and the Mayor be authorized and directed to execute said agreement. ------------------------------------------------- EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Ten 6nce L. Belanger City Manager AGREEMENT FOR LEGAL SERVICES This Agreement for Legal Services is entered into on March 7, 1995 ("the Agreement" hereinafter), by and between the CITY OF DIAMOND BAR, a municipal corporation ("CITY" hereinafter) and RICHARDS, WATSON AND GERSHON, a professional corporation ("ATTORNEY" hereinafter). It is agreed by and between the parties hereto as follows: 1. Term, The operative date of this Agreement shall be March 1, 1995; and; the Agreement shall continue in effect unless and until terminated as provided herein or until mutually rescinded. 2. City Attorney Basic Services. ATTORNEY shall furnish to CITY legal services as counsel to the City Council, City staff and boards and commission, including attendance at all regularly scheduled City Council and Planning Commission meetings and weekly staff meetings, consultation with Council Members and with management staff personnel as needed and the review and/or preparation or ordinances, resolutions, contracts, opinions, memoranda and other documents have legal significance ("Basic services" hereinafter). 1 3. Exclusions. Excluded from said basic services of ATTORNEY are (a) criminal prosecutions handled by the Los Angeles District Attorney, (b) litigation where the City Council decides to retain special counsel, (c) bond work requiring services where the CITY decides it appropriate to retain special counsel, (d) meetings of boards and commissions of the City in excess of the meetings specified in paragraph 2, above, and (e) services wherein ATTORNEY has, in its judgment or that of the City Council a conflict of interest. 4. Independent Contractor. ATTORNEY, and its employees, is an independent contractor and not an employee of CITY. 5. Designation of City Attorney. Michael Jenkins shall be and hereby is designated as "City Attorney" and shall have primary responsibility for providing services hereunder. Amanda Susskind shall be and hereby is designated as "Assistant City Attorney". 6. Fees and ExRenses. A. ATTORNEY shall be compensated for all services rendered hereunder, subject to the provisions of Paragraph 6.B, below, as follows: 2 (i) At the rate of one hundred twenty-five dollars ($125.00) per hour for forty-five (45) monthly hours of "Basic services", provided by the ATTORNEY; (ii) At the rate of one hundred thirty-five dollars ($135.00) per hour for "Basic services" in excess of forty-five (45) monthly hours, provided by the ATTORNEY. (iii) At a rate that shall be mutually agreed upon for specialized legal services, which include litigation services, bond counsel services, advice on public finance matters such as assessment districts, sale/leaseback arrangements, labor and personnel matters, real estate acquisition and other similar services. B. CITY and ATTORNEY agree that the rates specified in Paragraph 6.A may be modified by supplemental mutual agreement by the parties hereto, from time to time. C. ATTORNEY shall be reimbursed monthly, for out-of-pocket expenses incident to services performed in addition to other payments provided for herein. Such out- of-pocket expenses shall include: 1) document reproduction costs, 2) long distance and toll telephone charges, 3) facsimile transmissions, 4) court costs, 5) filing fees, 6) messenger services; and, 7) similar out-of-pocket expenditures. Automobile mileage and word processing shall not be charged. 3 Statements and Payments. ATTORNEY shall present a statement for services rendered and expenses incurred on a monthly basis and CITY shall pay the amount on said statement upon presentation or within a reasonable time. 8. Contact with City Council. Should it become necessary for ATTORNEY to directly contact the City Council, ATTORNEY shall do so by contacting the Mayor. If the Mayor is unavailable, ATTORNEY shall contact the Mayor Pro Tem, and if both the Mayor and Mayor Pro Tem are unavailable, ATTORNEY shall contact any other Council Member. 9. Indemnity. ATTORNEY shall indemnify, save harmless and defend CITY, its elected officials, officers, agents, and employee, including the payment by ATTORNEY for any and all legal costs and attorneys' fees, from all liability from loss, damage or injury to persons or property in any manner arising out of or incidental to the performance by ATTORNEY of this Agreement. 10. Termination. This Agreement, and attorney services hereunder, may be terminated as follows: 4 A. Upon a four-fifths (4/5) vote of the City Council; and with, thirty (30) days written notice provided by the CITY to the ATTORNEY, of said intention to terminate the Agreement. B. Upon thirty (30) days written notice by the ATTORNEY to the CITY, of said intention to terminate the Agreement. C. Upon any such termination, ATTORNEY will supply orderly transitional services to the CITY, at the hourly rates herein specified. WHEREFORE, the parties have executed this Agreement as of the dates set forth below opposite the name of each such party. Dated: CITY OF DIAMOND BAR, A Municipal Corporation Mayor City Clerk Dated: RICHARDS, WATSON AND GERSHON, A Professional Corporation 0 C ZZ'Y OI' Z.71A2v1prYZ7 DAIi AGENDA REPORT AGENDA NO. TO: Honorable Mayor and City Council MEETING DATE: March 7, 1995 REPORT DATE: March 3, 1995 FROM: Terrence L. Belanger, City Manager ISSUE: An agreement for annual financial audit and quarterly procurement and cash disbursements audits. DISCUSSION: The City Council has determined that it is desirable to consider the engagement of an auditing firm to provide annual financial audits and quarterly procurement and cash disbursements audits. The City of Diamond Bar has utilized the same accountancy firm to provide to the City Council annual financial audits during its first five years of incorporation. It was determined that upon the expiration of the previous auditing contract, the City Council consider it appropriate to solicit proposals from interested auditing firms for the provision of auditing services. Nine auditing firms responded to the City's request for proposals. Five of those firms are: Conrad and Associates; Moreland and Associates; Vavrinek, Trine, Day & Co.; Diehl, Evans, & Company; and Thomas, Bigbie, & Smith. The firms were interviewed by the City Council Finance Sub -Committee and the City Manager and Assistant City Manager. The interview panel gave great emphasis on the amount of municipal auditing experience, both on the part of the firm, as well as, those specific individuals within the firms who would be involved in the auditing engagement. There was a range of municipal auditing experience. Each of the firms have municipal auditing experience, with three of the firms having extensive municipal experience. After comparing and contrasting the relative qualities and experience of the firms, it was determined that Conrad and Associates, of Irvine, California, was the better qualified firm for providing annual financial auditing services to the City. The auditing firms were asked to provide not -to -exceed amounts for each fiscal year to be audited, as well as, quarterly reviews within each of the fiscal years. The cost of the audit for Fiscal Year 1994-95 is proposed at a not -to -exceed cost of $21,200; the not -to -exceed cost for Fiscal Year 1995-96 would be $21,840; and the not -to -exceed cost for Fiscal Year 1996-97 would be $22,500. RECOMMENDATION: It is recommended that the City Council of Diamond Bar approve the agreement with Conrad and Associates for annual financial services and quarterly procurement and cash disbursements audits and authorize and direct the Mayor to execute said agreement. SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: RE D BY: Te rence L. Bel ger City Manager _ Yes X No MAJORITY N/A _ Yes _ No _ Yes X No _ Yes X No Phyllis E._Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary G. Miller Council Member Recycled paper March 17, 1995 City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 917654177 (909) 860.2489 • Fax (909) 861-3117 Steve Larson Caporicci & Larson Three Hutton Centre Drive, Suite 630 Santa Ana, CA 92707 Dear Mr. Larson: Thank you for taking the time to consider and respond to the City's request for annual financial audit and quarterly procurement and cash disbursements services. Numerous firms, such as yours, have shown themselves to be of high quality, making the selection to interview difficult. Please be assured that this is not a reflection on the qualifications of your firm, rather the firms selected better suit the City's needs at this time. Your, interest in the City of Diamond Bar is most appreciated. Sincerely, i Terrence L. B ger City Manage TLB:nbw cc: Finance Phyllis E. Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary G. Miller Council Member R—ded paper March 17, 1995 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 Donald L. Parker Lance, Soll & Lunghard 7200 S. Greenleaf Avenue, Suite 280 Whittier, CA 90602 Dear Mr. Parker: Thank you for taking the time to consider and respond to the City's request for annual financial audit and quarterly procurement and cash disbursements services. Numerous firms, such as yours, have shown themselves to be of high quality, making the selection to interview difficult. Please be assured that this is not a reflection on the qualifications of your firm, rather the firms selected better suit the City's needs at this time. Your interest in the City of Diamond Bar is most appreciated. Sincerely, VO erence L. B ger City Manager TLB:nbw cc' Finance Phyllis E..Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary G. Miller Council Member Reacied paper March 17, 1995 City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 917654177 Ron Levy Moss, Levy & Hartzheim 9465 Wilshire Blvd., Suite 915 Beverly Hills, CA 90212 Dear Mr. Levy: (909) 860-2489 • Fax (909) 861-3117 Thank you for taking the time to consider and respond to the City's request for annual financial audit and quarterly procurement and cash disbursements services. Numerous firms, such as yours, have shown themselves to be of high quality, making the selection to interview difficult. Please be assured that this is not a reflection on the qualifications of your firm, rather the firms selected better suit the City's needs at this time. Your interest in the City of Diamond Bar is most appreciated. Sincerely, errence L. anger City Manager TLB:nbw cc:' -Finance Phyllis E—Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary G. Miller Council Member Rcryded Pape, March 17, 1995 City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 917654177 Kimberly Buck KPMG Pete Marwick 650 Towne Center Drive Costa Mesa, CA 92626 Dear Ms. Buck: (909) 860-2489 - Fax (909) 861-3117 Thank you for taking the time to consider and respond to the City's request for annual financial audit and quarterly procurement and cash disbursements services. Numerous firms, such as yours, have shown themselves to be of high quality, making the selection to interview difficult. Please be assured that this is not a reflection on the qualifications of your firm, rather the firms selected better suit the City's needs at this time. Your interest in the City of Diamond Bar is most appreciated. Sincerely, reffenceL. anger City Manager TLB:nbw cc:, Finance Phyllis E._.Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary G. Miller Council Member Recycled paper March 17, 1995 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861-3117 Kevin Pulliam Vavrinek, Trine, Day & Co. PO Box 4407 Rancho Cucamonga, CA 91729-4407 Dear Mr. Pulliam: Thank you for taking the time to participate in the selection process for annual financial audits and quarterly procurement and cash disbursements services for the City of Diamond Bar. On March 7, 1995, the City Council awarded a contract to the firm of Conrad and Associates for annual financial audit and quarterly procurement and cash disburse- ments services. Numerous firms, such as yours, have shown themselves to be of high quality, making the selection process difficult. Again, your interest in the City of Diamond Bar is most appreciated. TLB:nbw cc:"'Finance March 17, 1995 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861-3117 Mike Moreland Moreland and Associates 610 Newport Center Drive, Suite 840 Newport Beach, CA 92660 Dear Mr. Moreland: Thank you for taking the time to participate in the selection process for annual financial audits and quarterly procurement and cash disbursements services for the City of Diamond Bar. on March 7, 1995, the City Council awarded a contract to ein rm of cash orad sea Associates for annual financial audit and quarterly procure Phyllis E. ,Papen ments services. Numerous firms, such as yours, have shown themselves to be of high Mayor qty, making the selection process difficult. Gary H. Werner Mayor Pro Tem Again, your interest in the City of Diamond Bar is most appreciated- I Eileen R. Ansari Council Member Clair W. Harmony \/ Council Member T en . Belanger Gary G. Miller I City Council Member TLB:nbw cc --'Finance Recycled paper Phyllis E.`Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary G. Miller Council Member Recycled paper March 17, 1995 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 William Morgan Diehl Evans & Co: 18401 Von Karman, Suite 200 Irvine, CA 902715 Dear Mr. Morgan: Thank you for taking the time to participate in the selection process for annual financial audits and quarterly procurement and cash disbursements services for the City of Diamond Bar. On March 7, 1995, the City Council awarded a contract to theent and cash disburirm of Conrad sed And ssociates for annual financial audit and quarterly procur ments services. Numerous firms, such as yours, have shown themselves to be of high quality, making the selection process difficult. Again, your interest in the City of Diamond Bar is most appreciated. Sincerely, Perrence elanger City Manager TLB:nbw cc %/ Finance Phyllis E. Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member lair W. Harmony Council Member Gary G. Miller Council Member Recycled paper March 17, 1995 City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamod Bar, CA 91765.4177 (909) 860.2489 • Fax (909)8 61-3117 Richard Teaman Thomas, Bigbie and Smith 4201 Brockton Avenue, Suite 100 Riverside, Ca 92501 Dear eaman: Tek you for taking the time to Participate financial audits and quarterly procurement and cash disbursements Process for annual City of Diamond Bar. services for the On March 7, 1995, the City Council awarded a contract to the firm of Conrad an Associates for annual financial audit and quarterly procurement and cash disburse- ments services. Numerous firms, such as yours, have shown themselves to be of high quality, making the selection process difficult. 8 Again, Your interest in the City of Diamond Bat is most appreciated SiAierrence Belanger City Manager TLB:nbw cc: Finance INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager 4 RE: Budget Amendment: Fiscal Year 1994-95 DATE: March 7, 1995 ISSUE: Amendment to the Fiscal Year 1994-95 Municipal Budget, which makes adjustments to the actual and estimated revenue and expenditure amounts. RECOMMENDATION: It is recommended that the City Council approve the amendments to the Fiscal Year 1994-95 Municipal Budget revenue and expenditure amounts. DISCUSSION: General Fund: The City Council adopted the Fiscal Year 1994-95 (FY95) Municipal Budget, on August , 1994. The estimated FY95 revenues were $10,119,015. The estimated FY95 expenditures, including subsequently approved City Council appropriations, are $9,081,580. FY95 General Fund revenue changes reflect an estimated net increase of projected revenues of $70,100. This results in revised projected General Fund revenues which total $10,189,115. The estimated year end fund balance is $1,071,114. The projected changes to FY95 revenues are as follows: $50,000 reduction in projected sales tax revenues. $25,000 increase in parking fees $ 5,000 increase in impound fees. $15,000 increase in false alarm fees. $17,100 increase in recreation fees. $40,000 increase in investment yield $18,000 increase in rental of Heritage Park Center FY95 BUDGET AMENDMENT MARCH 7, 1995 PAGE TWO The proposed amendment to the FY95 reflects an overall increase to the General Fund expenditures of $41,420. Approval of this proposed amendment would result in a revised General Fund expenditure appropriations of $9,123,000. There are several line item adjustments, which bring estimated expenditure amounts and actual/projected expenditure amounts into conformity. However, there are several recommended changes that the bear mentioning: -The City Clerk has requested optical imaging software for the purpose of creating a records system that will be accessible electronically to both the City staff and the general public. The cost of software and supplies is an estimated $7,000. The General Fund would pay have the cost and the Air Quality Fund would pay the balance. -Community Services/Parks Maintenance will be replacing the truck that was totalled in an accident. An additional $9,000 is needed, in order to acquire a vehicle that will be capable of pulling the City's Mobile Emergency Operations Center. -In Community Services, there are changes in Utilities costs in several City parks, related to both water and electricity. The net changes are $18,850. -Community Development requires an additional $10,000, for consultants, to complete the General Plan. -Community Services is proposing two additional programs. One is a Roller Hockey League, which would need $8,400 to begin the program in June, 1995. The other is a Summer Camp program, which requires $10,400 to begin the program in June, 1995. The Roller Hockey program would produce $8,500 in revenue. The Summer Camp would produce $8,600 in revenue. -Community Services is proposing $39,990 in part time employee salaries and benefits for increased hours of use at the Heritage Park Community Center and increases in the adult excursions program. The revenue offset is $18,000. CITY OF DIAMOND BAR GENERAL FUND ESTIMATED REVENUES 1994-1995 Property Taxes: Current Secured 1,800,000 1,800,000 Current Unsecured 91,000 91,000 Supplemental Roll 30,000 30,000 Prior Year Property Taxes 775,000 775,000 Misc. Property Taxes 15,000 15,000 Interest, Pen. & Del. 0 0 2,711,000 0 2,711,000 Other Taxes: Sales Tax 2,200,000 (50,000) 2,150,000 Budget Refinement Transient Occupancy 180,000 180,000 Franchise 615,000 615,000 Property Transfer 95,000 95,000 3,090,000 (50,000) 3,040,000 Subventions - State: Motor Veh-in Lieu 2,430,000 2,430,000 Mobile Home In -Lieu 6,000 6,000 Cigarette Tax 0 0 Homeowners Exemption 20,000 20,000 Off Highway Tax 1,700 1,700 2,457,700 0 2,457,700 Fines & Forfeitures: General Fines 13,000 13,000 Parking Fines 50,000 25,000 75,000 Budget Refinement Impound Fees 12,000 5,000 17,000 Budget Refinement False Alarm Fees 2,500 15,000 17,500 Budget Refinement Narcotics Seizure 500 500 Grafitti Restitution 1,000 1,000 79,000 45,000 124,000 Current Svc. Charges: Building Fees: Bldg Permits Plumbing Permits Electrical Permits Mechanical Permits Grading Permits Industrial Waste Fee Permit Issuance Fee Inspection Fees Plan Check Fee SMIP Fee Planning Fees: Environmental Fees Adv. Planning Fees Current Planning Fees Miscellaneous Permits Engineering Fees: Engr. Plan Check Fees Engr. Review Fees 120,000 12,000 19,000 8,000 15,000 3,000 20,000 7,000 100,000 2,000 15,000 500 50,000 500 65,000 (25,000) 25,000 25,000 120,000 12,000 19,000 8,0.00 15,000 3,000 20,000 7,000 100,000 2,000 15,000 500 50,000 500 40,000 Line Item Adjusment 50,000 Line Item Adjustment CITY OF DIAMOND BAR GENERAL FUND ESTIMATED REVENUES 1994-1995 Current Svc. Charges (cont'd): Engr. Permit Fees 500 500 Engr. Inspection Fees 2,000 2,000 Recreation Fees: Community Activities 22,000 22,000 Athletics 73,000 73,000 Fee Programs 23,000 8,500 31,500 Additional Programs Contract Classes 131,500 8,600 140,100 Additional Programs Special Event Fees 40,000 40,000 754,000 17,100 771,100 Use of Money: Interest Earnings 240,000 40,000 280,000 Budget Refinement Returned Check Charges 200 200 Rents & Concessions 7,000 18,000 25,000 Hertitage Pk Bldg Rent Sale/Printed Material 5,700 5,700 Sale/Printed Material - Engineering 1,500 1,500 Donations 0 0 Miscellaneous 0 254,400 58,000 312,400 Interfund Transfers 772,915 772,915 GENERAL FUND TOTAL 10,119,015 70.100 10.189,115 CITY OF DIAMOND BAR FY 1994-1995 MID -YEAR BUDGET AMENDMENT GENERAL FUND: City Council Meetings 001-4010-2325 4,000 1,000 5,000 Line Item Adjustment Travel -Conference & Meetings 001-4010-2330 8,000 2,000 10,000 Line Item Adjustment Miscellaneous Expenses 001-4010-2395 0 75 75 Award Program -Sidewalk City Hall Net Change - City Council _ 3,075 City Manager Equipment Maintenance 001-4030-2200 500 100 600 Line Item Adjustment Travel -Conference & Meetings 001-4030-2330 4,500 3,000 7,500 League City Mgr Mtg. Professional Services 001-4030-4000 0 300 300 G.Wentz-Acting City Manager Net Change - City Manager 3,400 City Clerk Telephone 001-4040-2125 350 350 700 Increase In Basic Phone Charges Travel -Conference & Meetings 001-4040-2330 1,000 500 1,500 CCCA Conference, Sacramento Net Change - City Clerk 850 Finance Departmental Supplies 001-4050-1200 1,200 400 1,600 Line Item Adjustment Printing 001-4050-2110 1,500 500 2,000 Printing of Add'I Forms Professional Svcs - Auditing 001-4050-4010 13,900 8,500 22,400 Moreland Audit, Quarterly Audit Net Change - Finance 9,400 General Govt. Operating Supplies 001-4090-1200 9,500 1,500 11,000 Optical Disks Fuel 001-4090-2310 700 500 1,200 Add' Fuel Costs -CS Director Meetings 001-4090-2325 3,800 5,200 9,000 CCCA, 4 Corners, Sheriff Breakfast Professional Services 001-4090-4000 44,000 5,000 49,000 Property Tax Administration Auto Equipment 001-4090-6100 12,000 9,000 21,000 CS Truck Office Equipment 001-4090-6200 4,500 (1,000) 3,500 Line Item Adjustment Office Equipment-Fumiture 001-4090-6220 3,000 1,000 4,000 Line Item Adjustment Computer Equipment -Hardware 001-4090-6230 12,500 2,500 15,000 City Council Computer Computer Equipment -Software 001-4090-6235 5,000 3,500 8,500 Software Imaging Syst-50% to 2766 Communications Equipment 001-4090-6240 9,800 (1,000) 8,800 Line Item Adjustment Net Change - Gen. Govt. 26,200 Community Promotion Printing 001-4095-2110 28,000 2,500 30,500 Increased Paper Costs Net Change - Com Promotion 2,500 CITY OF DIAMOND BAR FY 1994-1995 MID -YEAR BUDGET AMENDMENT Planning 001-4310-2130 500 250 750 Overtime 001-4210-0020 3,500 500 4,000 Wages - Part Time 001-4210-0030 17,800 (500) 17,300 Departmental Supplies 001-4210-1200 3,000 700 3,700 Printing 001-4210-2110 1,000 700 1,700 Rent/Lease of Equipment 001-4210-2130 900 100 1,000 Fuel 001-4210-2310 700 300 1,000 Meetings 001-4210-2325 500 (200) 300 Travel -Conference & Meetings 001-4210-2330 3,000 1,000 4,000 Comm. Compen. - SEATAC 001-4210-4110 1,000 (500) 500 General Plan 001-4210-4220 48,000 10,000 58,000 Environmental 001-42104240 52,080 (6,000) 46,080 Property Maintenance Enforce. 001-4210-5213 15,000 (5,000) 10,000 Office Furniture 001-4210-6220 3,000 (1,000) 2,000 Net Change - Planning Line Item Adjustment Net Change - Peterson Pk 100 Line Item Adjustment Line Item Adjustment Line Item Adjustment Line Item Adjustment Line Item Adjustment Line Item Adjustment Line Item Adjustment Ping Commission Conference Line Item Adjustment Line Item Adjustment Line Item Adjustment Line Item Adjustment Line Item Adjustment Building & Safety Building &Safety Services 001-4220-5201 220,000 (20,000) 200,000 Budget Refinement Net Change - Building & Safety (20,000) Parks Administration Rental/Lease of Equipment 001-4310-2130 500 250 750 Uniform Supply Maintenance of Bldg & Grounds 001-4310-2210 1,650 (1,000) 650 Line Item Adjustment Publications 001-4310-2320 100 50 150 Line Item Adjustment Auto Equipment 001-4310-6100 3,000 (3,000) 0 Moved to 4090 Net Change - Parks Admin (3,700) Heritage Park Utilities 001-4313-2126 10,800 13,000 23,800 Budget Refinement -Edison Costs Maintenance of Bldg &Grounds 001-4313-2210 7,000 1,000 8,000 Line Item Adjustment Misc. Capital Equipment 001-4313-6250 3,000 (2,125) 875 Line Item Adjustment Net Change - Heritage Pk 11,875 Peterson Park Capital Improvements 001-4319-6410 1,000 (1,000) 0 Line Item Adjustment Net Change - Peterson Pk (1,000) Ronald Reagan Park Utilities 001-4322-2126 14,375 500 14,875 Increase in Water Usage Net Change - Ronald Reagan Park 500 CITY OF DIAMOND BAR FY 1994-1995 MID -YEAR BUDGET AMENDMENT Starshine Park Utilities 001-4325-2126 5,900 2,850 8,750 Increase in Water Usage Net Change - Starshine Park 2,850 Sycamore Canyon Park 2,500 Current 1,000 Amenc€ed 1,500 Description Account :# Budget 1lmendrnentBudget 49,200 Explanation Starshine Park Utilities 001-4325-2126 5,900 2,850 8,750 Increase in Water Usage Net Change - Starshine Park 2,850 Sycamore Canyon Park 2,500 7,500 1,000 500 1,500 Utilities 001-4331-2126 9,200 2,500 49,200 Increase in Water/Electricity Community Services Contract 001-4331-5300 40,000 (10,000) 30,000 Line Item Adjustment Net Change - Sycamore Canyon Park Prior Year Charges (7,500) (4,000) Recreation Services 001-4551-5227 15,000 15,000 30,000 Wages - Part Time 001-4350-0030 43,200 19,470 62,670 Staff Adjustment, Start Up Costs City Paid Benefits 001-4350-0070 900 965 1,865 Staff Adjustment, Start Up Costs Retirement 001-4350-0080 11,850 5,527 17,377 Staff Adjustment, Start Up Costs Workers Compensation 001-4350-0083 3,050 2,087 5,137 Staff Adjustment, Start Up Costs Medicare 001-4350-0085 3,050 1,790 4,840 Staff Adjustment, Start Up Costs Cafeteria Benefits 001-4350-0090 9,900 10,152 20,052 Staff Adjustment, Start Up Costs Operating Supplies 001-4350-1200 32,000 2,150 34,150 Day Camp/Hockey Start Up Costs Prop A Excursions 001-4350-5310 18,900 2,250 21,150 Additional Excursions Net Change - Recreation 44,391 Law Enforcement Senior Patrol 001-4411-5406 Miscellaneous Equipment 001-4411-6250 Net Change - Law Enforcement Emergency Preparedness Operating Supplies 001-4440-1200 Telephone 001-4440-2125 Equipment Rental 001-4440-2130 Computer Equipment 001-4440-6230 Communications Equipment 001-4440-6240 Net Change - Emergency Prep Public Works - Public Works Pavement Management Contract Services - Inspections Contract Services - Road Mtce Contract Services - Sidewalk Net Change - Administration Public Works -Engineering Contract Services - Inspection Net Change - Engineering 30,000 (10,000) 20,000 Line Item Adjustment 5,000 2,500 7,500 Line Item Adjustment (7,500) 5,000 2,500 7,500 1,000 500 1,500 1,000 1,500 2,500 2,500 (2,500) 0 8,500 (6,000) 2,500 001-4510-5504 (4,000) 15,000 Sand for January Storms Additional Cell Phones Barricades Line Item Adjustment Line Item Adjustment 001-4510-4230 30,000 1,000 31,000 Line Item Adjustment 001-4510-5227 15,000 (5,000) 10,000 Line Item Adjustment 001-4510-5502 200,000 (15,000) 185,000 Line Item Adjustment 001-4510-5504 45,000 15,000 60,000 Prior Year Charges (4,000) 001-4551-5227 15,000 15,000 30,000 Line Item Adjustment 15,000 CITY OF DIAMOND BAR FY 1994-1995 MID -YEAR BUDGET AMENDMENT Public Works - Public Works Pavement Management 001-4555-4230 31,020 (31,020) 0 Budgeted in 001-4510-4230 Net Change - Public Wks (31,020) Public Works - Landscape Mtce Cont Svc - Vegetation Control 001-4558-5508 65,000 25,000 90,000 Prior Year Charges Cont Svc - Tree Maintenance 001-4558-5509 75,000 (25,000) 50,000 Net Change - Landscape Mtce 0 Net Change to General Fund Appropriations 41,421 Total Revenues 10,124,015 Gurrsnt 10,194,115 Amended 9,081,580 Description Account # Budget Amendment Budget Explanation'. Public Works - Public Works Pavement Management 001-4555-4230 31,020 (31,020) 0 Budgeted in 001-4510-4230 Net Change - Public Wks (31,020) Public Works - Landscape Mtce Cont Svc - Vegetation Control 001-4558-5508 65,000 25,000 90,000 Prior Year Charges Cont Svc - Tree Maintenance 001-4558-5509 75,000 (25,000) 50,000 Net Change - Landscape Mtce 0 Net Change to General Fund Appropriations 41,421 Total Revenues 10,124,015 70,100 10,194,115 Total Appropriations 9,081,580 41,421 9,123,001 Change in Fund Balance 1,042,435 28,679 1,071,114 CITY OF DIAMOND BAR FUND TYPE: Spec%I Revenue REVISED SPECIAL FUNDS BUDGET AMENDMENT FUNCTION*. Str Mawconst 1994-95 FUND#: 1 i1 GAS TAX FUND FUND DESCRIPTION: The City receives funds from Sections 2105, 2106, 2107, and 2107.5 of the Streets and Highway Code. State law requires that these revenues be recorded in a Special Revenue Fund, and that they be utilized solely for street -related purposes such as new construction, rehabilitation, or maintenance. During FY 93-94, the City Manager is recommending that $2,423,600 be used for Capital Improvement Projects (see listing). in addition, $681,500 is to be allocated to the Public Works operations budget to fund street maintenance programs (see listing). All Gas Tax revenue is received in this fund and transferred as required per City Council direction. ESTIMATED RESOURCES: 2550 Approp. Fund Balance 3171 Gas Tax - 2106 3172 Gas Tax - 2107 3173 Gas Tax - 2107.5 3174 Gas Tax - 2105 3610 Interest Revenue TOTAL APPROPRIATIONS: 4915-9001 Trans out - Gen Fund 4915-9225 Trans out - Grand Av 4915-9227 Trans out - Trf Mitgtn 4915-9250 Trans out - CIP Fund 2550 Reserves 7,500 TOTAL Current Amended Budget Amendment Budget Explanation $2,279,531 $163,864 $2,443,395 274,200 274,200 577,000 577,000 7,500 7,500 417,250 417,250 100,000 100,000 $3,655,481 $163,864 $3,819,345 647,315 647,315 300,000 300,000 0 0 1,892,105 102,383 1,994,488 Diamond Bar Blvd Project 816,061 61,481 877,542 $3,655,481 $163,864 $3,819,345 CITY OF DIAMOND BAR FUND TYPE: Speciai Revenue REVISED SPECIAL FUNDS BUDGET AMENDMENT FUNCTION: Pub Tmsprtn 1"4-95 ;FUND #: 112 PROP A FUND FUND DESCRIPTION: The City receives Proposition A Tax which is a voter approved sales tax override for public transportation purposes. This fund has been established to account for these revenues and approved project expenditures. Budgeted expenditures for this fiscal year include holiday shuttle, excursions, and transit services. ESTIMATED RESERVES: 2550 Fund Balance Reserve 3110 Local Trans Tx-Prp A 3485 Tran Subsidy Prog Revenue 3610 Interest Revenue 3915 Transfer inlGen Fd 4099-0085 TOTAL APPROPRIATIONS: 4090-7230 Contribs.-Other Govt 4099-0010 Salaries 4099-0070 City Paid Benefits 4099-0080 Benefits 4099-0083 Wkr's Comp Exp. 4099-0085 Medicare Exp. 4099-0090 Cafeteria Benefits 4360-2115 Advertising 4360-5310 CS-Exursions 4360-5315 CS -Holiday Shuttle 4360-6100 Automotive Equipment 4553-2315 Membership 4 Dues 4553-5500 Professional Svcs 4553-5527 Bus Bench Maintence 4553-5528 Public Transit Svcs. 4553-5529 Para -Transit Svcs. 4553-5533 Transit Subsidy Program -Sub 4553-5535 Transit Subsidy Program -Fare 4915-9001 Trans out - Gen Fund 4915-9250 Trans out - CIP Fund 2550 Fund Balance Reserve 3,250 TOTAL Current Amended Budget Amendment Budget Explanation $854,000 $105,360 $959,360, Fund Balance - @6!30194 538,600 $538,600 " 4ale 50,000 145,000 $195,000 of Transit Passes 15,000 $15,000 '', $1,457,600 $250,360 $1,707,960 310,000 310,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 25,000 1,175 26,175 Additional Excursions 27,000 (1,500) 25,500 Line Item Adjustment 70,000 (70,000) 0 Line Item Adjustment 5,500 5,500 0 0 0 3,250 3,250 Bus Bench Mtce Program 20,000 20,000 27,000 (5,000) 22,000 Line Item Adjustment 80,000 (37,000) 43,000 Transit Subsidy Adjustment 0 145,000 145,000 Transit Subsidy Fare Offset 20,000 20,000 225,000 225,000 648,100 214,435 862,535 $1,457,600 $250,360 $1,707,960 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET AMENDMENT 199495 PROPOSITION C FUND FUND DESCRIPTION: FuNO TYPE:: 3pociamR nue REVISED FUNCTION; :St. laintC©nst FUN01I: 113 The City periodically receives additional allocations of State Gas Tax funds from Los Angeles County. These funds must be used for street -related purposes such as construction, rehabilitation, or maintenance. In order to receive these funds the City must submit a project to the County for approval. Budgeted as a transfer to the General Fund is $55,000 for pavement management and an additional $20,000 for contract engineering costs_ Current Amended Budget Amendment Budget Explanation ESTIMATED RESOURCES: 2550 Fund Balance Reserve $1,508,429 ($129,444) $1,378,985 Fund Bal @ 6130/94 3112 Transportation Tax 438,150 438,150 3350 Intergovt - County 0 3610 Interest Revenue 30,000 30,000 TOTAL $1,976,579 ($129,444) $1,847,135 APPROPRIATIONS: 4090-6100 4915-9001 Trans out - Gen Fund 30,000 30,000 4915-9250 Trans out - CIP Fund 870,000 100,000. 970,000 DB Blvd Rehab 2550 Fund Balance Reserve 1,076,579 (229,444) 847,135 TOTAL $1,976,579 ($129,444) $1,847,135 CAPITAL PROJECTS INCLUDE: 07494 Grand Ave Signal Synch. $450,000 06494 Diamond Bar Blvd Rehab $870,000 ' CITY OF DIAMOND BAR FUND TYPE4 Special Revenue REVISED SPECIAL FUNDS BUDGET AMENDMENT FUNCTION: Air 4uahty 1994-95 FUND AIR QUALITY IMPROVEMENT FUND FUND DESCRIPTION. This fund was established in FY 1991-92 to account for revenues received as a result of AB2766. AB 2766 authorizes the imposition of an additional motor vehicle registration fee to fund the implementation of air quality management plans and provisions of the California Clean Air Act of 1988. ESTIMATED RESOURCES: 2550 Approp. Fund Balance 3315 Pollution Reduc Fees 3610 Interest Revenue TOTAL APPROPRIATIONS: . 4099-0010 Salaries 4099-0030 Part Time Wages 4099-0070 City Paid Benefits 4099-0080 Benefits 4099-0083 Wkr's Comp Exp 4099-0085 Medicare 4099-0090 Cafeteria Benefits 4098-1200 Operating Supplies 4098-2110 Printing 4098-2120 Postage 4098-2125 Telephone 4098-2205 Computer Maintenance 4098-2320 Publications 4098-2325 Membership & Dues 4098-4000 Professional Svcs 4098-5000 Contract Services 4098-6100 Vehicle Equipment 4098-6230 Computer Equipment 2550 Approp. Fund Balance 0 TOTAL Current Amended Budget Amendment Budget Explanation 31,344 10,090 41,434 Fund Balance @ 6/30/94 40,000 40,000 1,750 1,750 $73,094 $10,090 $83,184 10,610 10,610 5,400 5,400 PT Computer Tech - COL 150 150 1,500 720 2,220 PT Computer Tech - COL 150 100 250 PT Computer Tech - COL 200 100 300 PT Computer Tech - COL 1,500 80 1,580 PT Computer Tech - COL 0 500 500 "Shareware" Diskettes 2,500 2,500 0 0 1,000 1,800 2,800 Add'I Lines, Inc. Costs 1,000 (500) 500 Line Item Adjustment 100 100 1,700 300 2,000 New Interconnects 10,000 1,000 11,000 Software Consultant-Rec Pr 1,100 1,100 0 0 5,000 4,500 9,500 Heritage Kiosk, Imaging SW 36,584 (3,910) 32,674 $73,094 $10,090 $83,184 PERSONNEL: Asst to City Mgr 0.25 COMMUNITY DEVELOPMENT BLOCK GRANT FUND FUND DESCRIPTION: The City receives an annual CDBG allotment from the federal government via the CDC. The purpose of this grant is to fund approved community development projects. It is anticipated that these most of these funds will be used for the construction of a senior center. ESTIMATED RESOURCES: 2550 Approp. Fund Balance 3330 CDBG Revenue TOTAL APPROPRIATIONS: 4215-0010 Salaries 4215-0030 Wages - Part Time 4215-0070 City Paid Benefits 4215-0080 Benefits 4215-0083 Wkr's Comp Exp. 4215-0085 Medicare Exp. 4215-0090 Cafeteria Benefits 4215-1200 Departmental Supplies 4215-2115 Advertising 4215-2315 Membership & Dues 4215-2325 Meetings 4215-2355 Contrbtns-Com Groups 4215-4000 Professional Svcs 4215-6250 Misc Capital Equip 4215-7600 Housing Rehab Program 4915-9250 Transfer Out-CIP 2550 Reserves 500 Line Item Adjustment TOTAL PERSONNEL INCLUDES: Current Amended Budget Amendment Budget Explanation $0 0.300 $0 433,780 73,599 507,379 Carry Over Funds $433,780 $73,599 $507,379 16,500 Part Time: 16,500 17,160 1.000 17,160 750 750 4,710 4,710 400 400 500 500 6,600 6,600 7,267 883 8,150 Line Item Adjustment 250 250 500 Line Item Adjustment 0 500 500 Line Item Adjustment 250 250 50,000 (2,000) 48,000 Mediation Project Closed 7,850 (1,650) 6,200 Line Item Adjustment 21,000 (13,621) 7,379 Line Item Adjustment 30,351 (30,351) 0 Project Closed 251,000 135,110 386,110 Retrofit, Access, DB Blvd Si 19,192 (15,522) 3,670 Line Item Adjustment $433,780 $73,599 $507,379 Admin Assistant 0.300 Clerk Typist 0.100 Asst. City Manager 0.025 Com Dev Director 0.025 0.450 Part Time: CS Coordinator/Seniors 1.000 CAPITAL PROJECTS INCLUDE: 06694 ADA Park Retrofit 181,600 06794 Handicap Access Ramps 112,800 XXXXX DB Blvd Sidewalk Installation 91,710 $386,110 CITY OF DIAMOND BAR FMD TYPE: pecial Revenge REVISED SPECIAL FUNDS BUDGET AMENDMENT FUNCTION, Landscape 1994-95 FUNt} 138 LANDSCAPE MAINTENANCE - DIST. #38 FUND FUND DESCRIPTION., The City is responsible for the operations of the LLAD #38. This district was set up in accordance with the Landscape and Lighting Act of 1972. Property owners benefiting from this district receive a special assessment on their property taxes. This fund is to account for the cost of the operations of this special district. ESTIMATED RESOURCES: 2550 Approp. Fund Balance 3015 Prop Tx -Sp Assessmnt 3610 Interest Revenue TOTAL APPROPRIATIONS: 4538-0010 Salaries 4538-0070 City Paid Benefits 4538-0080 Benefits 4538-0083 Wkes Comp Exp. 4538-0085 Medicare Exp. 4538-0090 Cafeteria Benefits 4538-2126 Utilities 4538-2210 Maint-Grounds & Bldg 4538-4000 Professional Svcs 4538-5500 Contract Svcs 4915-9250 Transfer Out-CIP Fund 2550 Reserves TOTAL CAPITAL PROJECTS INCLUDE. 06894 Gln Sprgs Medians Current Amended Budget Amendment Budget Explanation $242,467 ($10,376) $232,091 260,745 260,745 4,000 4,000 $507,212 ($10,376) $496,836 28,100 28,100 350 350 3,950 3,950 1,400 1,400 450 450 3,550 3,550 77,200 77,200 19,200 19,200 3,920 3,920 46,000 46,000 260,000 35,000 295,000 Golden Springs Medians 63,092 (45,376) 17,716 $507,212 ($10,376) $496,836 295,000 $295,000 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET AMENDMENT 1994-95 FUND TYPE: Capitat Project REVISED FUNCTION-4:Capes Project FUND #t 250 CAPITAL IMPROVEMENT PROJECTS FUND FUND DESCRIPTION: This fund was created to account for the City capital improvement projects which are not required to be accounted for in independent funds. The revenues in this fund will generally come from transfers -in from other funds and have been identified for specific capital projects. ESTIMATED RESOURCES: 2550 CIP Reserve-Traf Sig 3455 Developer Fees 65,500 Ij� f31 ✓� - Inter Govt Revenue 3610 Interest Revenue 3915-9001 Transfer in -Gen Fd 3915-9111 Transfer in -Gas Tx 3915-9112 Transfer in-Prp A 3915-9113 Transfer in -Prop C 3915-9121 Transfer in -Pk Grant 3915-9122 Transfer in -Pk Fees 3915-9123 Trnsferin-Prp A Pks 3915-9125 Transfer in-CDBG 3915-9138 Transfer in-LLAD #38 3915-9255 Transfer in -SB 821 74,630 TOTAL APPROPRIATIONS: 4510-00xx Salaries & Benefits 4510-6411 Street Improvements 4510-6412 Traffic Control Imp 4310-6415 Park & Roe Imprmts 4510-6416 Landscape & Irr Imp 4215-6420 Municipal Bldg & Fac 2550 CIP Reserve-Traf Sig 2550 CIP Reserve-Str Imp TOTAL Current Amended Budget Amendment Budget Explanation 102,395 102,395 37,500 28,000 65,500 Ij� f31 ✓� - 116,100 116,100 SLTPP State Grt 0 120,000 120,000 1,892,105 102,383 1,994,488 225,000 225,000 870,000 100,000 970,000 0 74,630 74,630 1,590,000 1,590,000 293,800 92,310 386,110 260,000 35,000 295,000 50,000 50,000 5,515,430 $473,793 $5,989,223 1,377,000 346,483 1,723,483 DB Blvd Rehab 1,575,000 1,575,000 1,845,630 600 1,846,230 Pk Retrofit Adjustment 260,000 35,000 295,000 Medians - Gidn Spgs 457,800 91,710 549,510 Side Walk Installtn 0 0 $5,515,430 $473,793 $5,989,223 FY94-95 CAPITAL HAPROVEMENT PROJECTS INCLUDE: STREET IMPROVEMENTS: 01494 Slurry Seal (V Phase) $185,000 DB BI/Shadow Cyn/Ftn Spgs Gas Tax 05694 D Bar Blvd Sidewalks 150,000 Dev Fees (25,000) Gas Tax 07194 06494 Diamond Bar Blvd Rehab 1,238,483 Gas Tax Gas Tax (494,383) 07294 Gidn Sprgs @ Gldn Prados Prop C (550,000) Gas Tax SB 821 (50,000) 07394 Gldn Sprgs @ Carplo Developer Fee (28,000) Gas Tax SLTPP State Grant (116,100) 07494 08895 Golden Springs - Seepage 100,000 08995 Rule 20A Undergrounding 50,000 SB Gldn Spgs/DB Blvd Left Turn Gas Tax Gas Tax (17,500) TOTAL STREET IMPROVEMENTS $1,723,483 TRAFFIC CONTROL IMPROVEMENTS: 07094 DB BI/Shadow Cyn/Ftn Spgs 170,000 Gas Tax (145,000) Dev Fees (25,000) 07194 Gldn Sprgs @ Prospector's 124,000 Gas Tax 07294 Gidn Sprgs @ Gldn Prados 124,000 Gas Tax 07394 Gldn Sprgs @ Carplo 124,000 Gas Tax 07494 Grand Ave Signal Synchr 420,000 Prop C (MTA) SB Gldn Spgs/DB Blvd Left Turn 30,000 Gas Tax (17,500) Developer (12,500) Signal -DB @ SR on/off Ramps 175,000 Gas Tax (72,605) CIP Reserve - TS (102,395) Grand/Longvlew Mast Arm Ext. 3,000 Gas Tax N B DB Blv @ Pthfndr - Left Turn 30,000 TS: #A - from Warrant Study 125,000 TS: #B - from Warrant Study 125,000 TS: #C - from Warrant Study 125,000 Gas Tax TOTAL TRAFFIC CONTROL IMPROVEMENTS $1,575,000 PARK & REC IMPROVEMENTS: 06594 Pantera Pk -Design 8, Dev $1,450,000 $120,000 Prop A -Safe Pks 02494 Peterson Pk -lights 140,000 Prop A -Safe Pks 1 00 sn' 06694 ADA Parks Retrofit 181,600 CDBG 91,710 07594 City Park Signage Retrofit 30,000 08094 Peterson Park - Picnic Shelter 13,880 08194 Heritage Park -Basketball Ct. Ext 10,000 08294 Sycamore Cyn - Playground Pilin 3,350 08494 Starshine - Picnic Table 1,400 08594 Maplehill-Tennis Light Fixture 8,000 08694 Reagen Park - Tennis Light Fixtur 8,000 Quimby Act TOTAL PARK IMPROVEMENTS $1,846,230 MUNICIPAL BUILDINGS & FACILITIES: 06394 Land Acquisition $120,000 General Fund 06794 Handicap Access Ramps 112,800 CDBG Diamond Bar Blvd -Bus Pads 1 00 sn' Diamond Bar Park & Ride Expans 75,000 Prop A DB Blvd Sidewalk Installation 91,710 CDBG i TOTAL MUNICIPAL BUILDINGS & FACILITIES $549,510 LANDSCAPE & IRRIGATION IMPROVEMENTS 06894 Golden Springs Medians 295,000 LLAD #38 TOTAL LANDSCAPE & IRRIGATION IMPRVMTS $295,000 GRAND TOTAL - CAPITAL PROJECTS $5,989,223 INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Mayor Papen RE: Standards of Conduct: Council Meetings; Use of City Stationary and City Insignia; Council Member Relationships; Unauthorized and Inappropriate Conduct and Activities; Sanctions for Inappropriate and Unauthorized Conduct and Activities DATE: February 7, 1995 Members of the City Council have requested that an item be placed on the Council meeting agenda, which provides an opportunity for the Council Members to discuss several issues related to Council relations. The members would like to discuss, at a minimum, standards of conduct for Council meetings, use of City stationary and other City insignia, Councilmember relationships, unauthorized and inappropriate conduct and activities and sanctions related to inappropriate and/or conduct and activities. It is necessary for the Council to resolve the manner in which it conducts business and the manner in which Councilmembers conduct and/or represent themselves to each other and the community. In order to achieve some level of resolution to these issues, the Council needs to invest the effort and time to discuss, formulate and decide on how best to address these matters. RESOLUTION NO. 91-71 R RESOLUTION 0! THE CITY COUNCIL OF THE CITY OF DIAXOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF opnjkTIOX WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the Operation of the organization; and WINRAM• the establishment of standards. by the city Council will promote understandinq and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City;. and WZZRZ1s, the establishment and periodic review of these City Council policy standards will assist new members of the city Council to better understand their role and responsibilities as Council Members• IM as follows: " 22 IT RUCLM by the City of Diamond Har A. The Council shall meet the first and third Tuesdays of each month, commencing at 6:00 p.m. If the Council desires to proceed Past .11:30 p.m., the Council,- at 11:00 p.m., will determine which issues will be completed at that meeting and which items will be continued to the next Tuesday meeting. H. Public Comments are to be scheduled for to 00 p.m., immediately following the flag Salute, Roll Call and Council Comments. C. No action is to be taken on items raised under Public Comments, Besides oral requests, citizens may also be requested to put concerns in writing, if that the items) is to be agendized, for a later Council meeting date, at the discretion of the Council and City Xanager. D. At the beginning of the meetinq, if there are a yAn"r of People requesting to speak on a particular subject under Public COmments, the Mayor may request that there be a spokesperson and that the others limit their comments,'speak at the and of the meeting or contact Council or City Manager. This does not apply to scheduled agenda items. COUNCIL STANDARDS Page Two Section 1. OPERATION OF CITY COUNCIL MEETINGS ! ONITJ E. In order to ensure that all members of the public have an opportunity to speak, pertaining to issues that are not on the meeting agenda, and that the Council is able to complete the public's business, there shall be a five-minute limitation on comments by the public unless otherwise prohibited by law. The Mayor will be responsible for enforcing the time limits as suggested. Any Council Member may request an extension of the rive-minuta time limitation. If the Council concurs that the nature of the issue warrants an extension of time, the time limit may be extended. F. The Council will not hold a public hearing on items scheduled under Departmental Reports or Council Concerns. If just one or two people desire to speak on the item, the Council will listen to their comments. If more than two persons at the meeting desire to speak on an item, the Council may reschedule the item on the agenda of a subsequent meeting. G. with Council approval; Mayor may schedule Council review of. agenda items out of their prescribed order on the printed agenda. H. Significant proposed changes to City ordinances shall be set for public hearing. I. The Council Member making a motion shall either restate the motion or have the City Clerk restate the motion, before the vote, to clarify the motion for thw public and staff. J. Council Members should not gat into a debate with a member of the public or staff at a Council meeting. K. The City Council will, on a quarterly basis, agendize and prioritize those significant items to be scheduled as future council study session topics. L. If an applicant submits a naw site plan for a development or if the City Council requests changes in the submitted site plan, the public hearing will be continued at least two weeks to allow tins for staff review. M. Any written correspondence or other materials received at a City Council meeting (from the public or staff) will be documented with a receipt time and date by the City Clerk and distribution indicated. If the City Clerk does not receive a copy of the written submittal, it will not be considered to have been received or acted upon by the City Council. COUNCIL STANDARDS Page Three •, � • 1 � X11 . •. N. All minutes of City Council meetings shall be composed utilizing an action -taken format; rather than a transcript format. All meetings shall be audiotaped, in their entirety, for Council, public and staff reference. City Council and Planning Commission tapas shall be retained for two years, from the date of the meetinq. All other Commission and Committee meetinq tapas shall retained, until the approved minutes of a meetinq have been reported to the City Council. o. Any concerns by a Council Member over the performance of a City employee durinq a Council meetinq should be privately directed to the City Manager to ensure the concerts is properly addressed. section Z. C0Mii W" ASSIGNMENTS, CITY C0M1I9820N3 AND PRESS A. Individual Council Members will have the right to attend meetings but are cautioned about becoming involved in the mestinq's discussions andror violating the crowd Act. a. written committee reports will be given • to the Council on significant committee recommendations and/or actions. C. Vow ideas or suggested programs will be presented to the full Council before presenting to the media. section 3. CoIONS' AT OTMM AGENCIES AND A. If a member of the City Council represents the City before another govestimental agency, organisation, the Council Member will first indicate the majority position of the, Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council. section 4. CTW COV1fCiL• R aTTONSNIPS WITg CITY STA" A. There will be mutual respect from both staff and Council - members of their respective roles and responsibilities, when expressing criticism in public session. 8. In public session, City staff members will address Council members, utilising Mayor, Councilman or Councilwmanj and, Council members will address all staff members, utilising Mr. or No. rather than the person's first names. COUNCIL STANDARDS Page Four section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF fCON'T1 C. City staff acknowledge that the Council is the City's policy making body. The City Council acknowledges that staff administers the Council's policies. D. The council, as the overall policy body, holds the City Manager responsible for the administration of the City Departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments per Council direction. E. The Council will direct the City Manager on all major or new issues. A Council Member will not initiate any action or have prepared any report that is significant in nature or initiate any project or study, without the approval -of a majority of the City Council. F. All written informational material requested by individual Council Members will be submitted by statf to all Council - members. with the notation indicating which:Couneil Member requested the.Anformation. _ G. Council will not attempt to coerce or influence-stslf in the making of appointments, the awarding of contracts, the selection of consultants, the proeessiAg of development applications, or the granting of City licenses or permits. H. Mail that is addressed to the Mayor and City Council will be circulated by the City Manager -to the City Council with a eommenc as to which staff person will be assisting the Mayor and/or Council rember in preparing a response. I. The Mayor's response, when appropriate and the original communication, Will be submitted to Council members for their information. Mail addressed to individual Council Members may .be responded to, by that Council Member. K. statf teas sensitivity and support Planning .Commissionfinal or decision is reached by other City body, it will be accepted, supported and implemented by staff. section S. TITIGXTZON = CONFIDENTIAL TNFORMWTON ; A. City Council Members will keep all written and verbal information provided on matters that are confidential, under state law, in strict confidence to insure that. -the City's position is not compromised. No dissemination iof l council or materials will be made to anyone, except ounc City Attorney# City Manager or Assistant City. Manager. COUNCIL STANDARDS Page Five Section S. LITICATION AND CONFIDENTIAL- N (CONIV B. It the=City council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pendinq claims or litigation, and/or employee negotiations, all contact with•the other party will be the designated City person(s) rspresentinq the City in the handlinq of the negotiations or litigation. A Council Member will not have any contact or discussion with the other party or its representative involved with the negotiation during this time and will not cossunicate any discussion conducted in closed.sessions. section s. IND DUAL Co TL TATT.T A. Frequent cosmunication is an important and integral part of Council relationships and will be the standard of operation. H. Respect for each individual Council Members interpersonal style will be a. standard of operation. . Courtesy and sensitivity to individual points of view will be a standard of operation. C. On areas wham Council Members disagree, especially on the process to be used, discussions will occur to-facilitats a clear direction. D. Council approach to authority is collegial rather than individual. E. Council Members will keep an open mind on all issues. F. Individual Council Members, on mattrrs pertaining to upcoming or anticipated items where a publio�hearinq will be hold, will maintain as near.neutral position as possible to assure not only the appearance but the actual degree of Openness that is attendant to our community responsibility. The City Clark shall certify to the adoption of this Resolution. 1991. PASS 0, Ar T= s= RMPM this 3rd day of December • COUNCIL STANDARDS Page Six I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing. Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 3rd day of December 3, 1991, by the following vote: AYES: COUNCILMEMBERS : NOES: COUNCILM MIRS: ABSENT:: COUNCIIJlEI ns: ABSTAINED: COUNCILMEMSERS: Miller, Forbinq, M/Rim None Papen, Warner None del"e" 15em�� EYNDA BURGBSS, 'City Clerk City of Diamond Bar PROPOSED AMENDMENTS TO COUNCIL STANDARDS Resolution 91-71 Section 1. OPERATION OF CITY COUNCIL MEETINGS (Revision) Change Section A. to reflect current starting time of 6:30 P.M. Section 7. Council Communications (Addition) 1. "Communications" involving the use of the City of Diamond Bar logo or facsimile thereof, stationary, business cards, "Sidewalk City Hall", or any other similar city resources giving the impression of City or City Council sanctioned communications are for official business only. 2. Use of any and all City resources for endorsement of partisan or non-partisan political candidates is strictly prohibited. Any endorsement using a councilmembers° title must include a disclaimer in no less than 8 point type stating "Titles are used for identification purposes only and are not an endorsement of the City of Diamond Bar." 3. Any use for non -candidate political activities such as a bond measure or ballot statement must receive prior approval by a vote of a majority of a quorum of the City Council at a regularly scheduled meeting. 4. Individual council member communications should not use words such as "city newsletter" or city hall news" or city council update" which might imply the communications are official, sanctioned communications. 5. A unofficial communication shall include a disclaimer in not less than 8 point type stating "The opinions expressed are those of (name/author) only and are not an official communication from the City of Diamond Bar or the Diamond Bar City Council. Section 8. USE OF CITY INSIGNIA, EQUIPMENT AND PROPERTY (Addition) A. City insignia, equipment and property shall be used only for appropriate purposes as determined through policy direction to the entire City Council and related operational direction by the City Manager and appropriate subordinate staff. B. City insignia and the names of all City Council members shall not be used on any document without the approval of a majority of the City Council or the City Manager. They shall not be used for personal, political'or pecuniary purposes. Section 9. VIOLATIONS, CENSORSHIP AND OR SANCTIONS (Addition) a. Violation of any provision of this policy may be justification for censorship, sanctions, or restrictions on Council privileges. Any such action must be approved by a majority of a quorum of the City Council at a regularly scheduled meeting. Note: Written comments on this issue from Nick Anis are attached. FEB -07-93 TUE 03:22 PM COMP BUS SERViN.ANIS 909 396 0014 P.02 November 9. 1994 City of Diamond Bar City Government/City Council Communications Policy Note: A, variation of this policy should also be enacted to cover any of the City Commissioners and/ or Committee Members. 1. a. This policy pertains to communications of the City of Diamond Bar and members or groups of membets of the City of Diamond Bar City Council. b. "Communications" are hereafter defiuned as any communications involving the use of the City of Diamond Bar and/or the City of Diamond Bar City Council "stationary" and/or the City of Diamond Bar "logo" including `variations" giving the impression of City or City Council sanctioned communications, regardless of who created and/or printed it, with or without the names of one or more of the council members including, but not limited to, proclamations, declarations, press releases, business cards, newsletters. advertisements. flyers, faxes, banners, buttons, picas, tee shirts, balloons, video/audio tapes, computer disks. e-mail, and signs. 2. "Communications" pertaining to any partisan or nonpartisan candidates ARE HEREBY PRO- HIBITED. 3. "Communications" involving NON -CANDIDATE POLITICAL USES MUST BE APPROVED BY A MAJORITY OF A QUORUM OF THE CITY COUNCIL. 4. "Communications" FOR PERSONAL AND BUSINESS USES ARE PROMBITIM. S. All other "Communications" SHALL BE LIMITED TO OFFICIAL GOVERNMENT BUSI- NESS except for the following: 5. a. ANY NON -SANCTIONED communications otherwise not prohibited by this policy, by Individual or groups of City Council members, or their representativm where the City of Diamond Bar, the City of Diamond Bar City Council, members of the City staff, and/or City Commissioners are mentioned shall include the following disclaimer (in bold type with a minumn point size of12 or the prevailing point size used, which ever is larger) and conspicu- ously used: b. "This is not an officially sanctioned communication of the City of Diamond Bar or the City of Diamond Bar City Council. The representations made are the opinions of the author(s). Ile City of Diamond Bar is not responsible for any representations made:' 7. `Communications" not relating to official government business involving NONCANDIDATE POLITICAL USES shall be drafted for council approval, included in the council members' packets, and approved or declined at the neat scheduled Diamond Bax City Council meeting. A simple signature by three or more council members or a majority of the quorum at that meeting will constitute approval. FED -07-93 TUE 03''23 PM COMP HUS SERViN.ANIS� 909 396 0014 P.03 8. "Communications" challenged by one or more members of the City Council shall be drafted for council review or approval at the next scheduled Diamond Bar City Council meeting. Said Communications shall be included in tate council members' packets, and, if determined not to be official government business, shall be approved or declined. A simple signature by three or more council members or a tnajorlty of the quorum at that meeting will constitute approval. 9. a. Violation of any provision of this policy by each individual council member will be consid- ered abuse of office and will result in a fine of $2,500 per occurrence. b. All fines will be due and payable immediately. Fines that remain unpaid for 30 days will be turned over to collection and the responsible patties deemed Disclaimer a "scoffaw " c. The names, offenses, and amounts due from any "scoffaw" shall be made public. d. Scoffaws will be responsible for any unpaid flne$, including collections and attorney fees. Any money due from the City of Diamond Bar to scoffaws, including salary and expenses, will be withheld until full payment is made. e. Payment of Imes and fees will be made to the City of Diamond Bar and will be applied to the general fiend, f. The City of Diamond Bar will not be responsible for legal fees or fines incurred by individual city council members and/or scoffaws challenging or found in violation of this policy. RESOLUTION NO. 95 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CENSURING COUNCILMAN CLAIR W. HARMONY WHEREAS, Councilman Clair W. Harmony has purposely, knowingly, and deliberately made false, irresponsible and inaccurate public allegations pertaining to members of the Diamond Bar City Council with reckless disregard for the truth; and WHEREAS, Councilman Clair W. Harmony has purposely, knowingly and deliberately made false irresponsible and inaccurate public allegations.against members of the Diamond Bar City Staff with reckless disregard for the truth or the professional reputation of the Staff; and WHEREAS, Councilman Clair W. Harmony has purposely, knowingly and deliberately made false irresponsible and inaccurate public allegations against Consultants hired by the City of Diamond Bar with reckless disregard for the truth or the professional reputation of the Consultants; and WHEREAS, Councilman Clair W. Harmony has made purposely, knowingly and deliberately made false, reckless, irresponsible and inaccurate public allegations about the structure and integrity of the City of Diamond Bar's financial investments and financial systems; and WHEREAS, Councilman Clair W. Harmony has conducted himself in a manner that is unbecoming to a holder of public office and in a manner that has brought disrepute to the City of Diamond Bar; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby censure Councilman Clair W. Harmony for conduct unbecoming a holder of public office and expresses its strong disapproval of the false, reckless, irresponsible and inaccurate public statements made by Councilman Clair W. Harmony regarding members of the City Council, City Staff, its financial systems, investments and Consultants. FURTHERMORE, BE IT RESOLVED, pursuant to Resolution No. 94-40 notice is hereby given to all parties that the City Council declares its intention to not provide a defense at public expense to Councilman Clair W. Harmony for any cause of action related to the allegations of battery, libel, slander or defamation arising from his actions and/or allegations. PASSED, APPROVED AND ADOPTED this day of 1995. -ph-y-Ilis E. Papen, Mayor I, LYNDA BURGESS, the City Clerk of Diamond Bar, do hereby certify that th4§ foregoing Resolution was passed, adopted and approved at a regular meeting of the City -Council of the City of Diamond Bar held on the of , 1995, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN:' COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk CITY OF DIAMOND DAR AGENDA REPORT AGENDA NO. q I TO: Terrence L. Belanger, City Manager MEETING DATE: March 7, 1995 REPORT DATE: March 3, 1995 FROM: Kellee A. Fritzal, Administrative Assistant TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A TAXICAB OPERATION SYSTEM AND REPEALING CHAPTER 7.80 OF THE LOS ANGELES COUNTY CODE SUMMARY: The City, upon incorporation, adopted the Los Angeles County Code. As part of that adoption, Chapter 7.80 "Taxicabs and Water Taxis" was implemented for the City. In preparation for the beginning of the City's Dial -A -Cab program, staff has reviewed the County's Taxi Operators Ordinance and has determined that it does not allow for the establishment of a municipal Dial -A -Cab program, without having to go through the Los Angeles County Business License Commission. At this time it is appropriate for the City to implement its own Taxicab Operators Ordinance to ensure that all taxis operating in the City have the appropriate liability insurance, naming the City as additionally insured, and are subject to appropriate City regulation. RECOMMENDATION: It is recommended that the City Council approve for first reading, by title only, Ordinance No. (1995) "An Ordinance of the City Council of the City of Diamond Bar Establishing a Taxicab Operation System, and Repealing Chapter 7.80 of the Los Angeles County Code". EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? 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? X Yes _ No Report discussed with the following affected departments: Public Works REVIEWED BY: errence L. Be ger Frank M. Usher City Manager Assistant City Manager Kellee A. Fritzal Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 7, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A TAXICAB OPERATION SYSTEM AND REPEALING CHAPTER 7.80 OF THE LOS ANGELES COUNTY CODE RECOMMENDATION: It is recommended that the City Council approve for first reading, by title only, Ordinance No. (1995) "An Ordinance of the City Council of the City of Diamond Bar Establishing a Taxicab Operation System, and Repealing Chapter 7.80 of the Los Angeles County Code". SUMMARY: The City, upon incorporation, adopted the Los Angeles County Code. As part of that adoption, Chapter 7.80 "Taxicabs and Water Taxis" was implemented for the City. In preparation for the beginning of the City's Dial -A - Cab program, staff has reviewed the County's Taxi Operators Ordinance and has determined that it does not allow for the establishment of a municipal Dial -A -Cab program, without having to go through the Los Angeles County Business License Commission. At this time it is appropriate for the City to implement its own Taxicab Operators Ordinance to ensure that all taxis operating in the City have the appropriate liability insurance, naming the City as additionally insured, and are subject to appropriate City regulation. FINANCIAL SUMMARY: There will be no fiscal impact through the adoption of this Ordinance. DISCUSSION: On February 7, 1995, the City Council authorized the release of a Request for Proposals for Dial -A -Cab service. The Company selected to operate the City's Dial -A -Cab service, under the present County Ordinance would be required to apply through the County for a Taxicab "Finding of Public Convenience and Necessity" and adhere to such rates set by the Los Angeles County Business License Commission. The County Ordinance does not make exceptions for conducting a municipal Dial -A -Cab service. Therefore, a new Taxicab Operators Ordinance has been prepared, after review of the County's Code and those of the Cities of Pomona, Ontario and San Dimas. The new Ordinance will allow the City to make the findings of a " Public Convenience and Necessity" for taxicab operatiors in the City. In establishing the Ordinance, the City will also require the appropriate liability insurance, naming the City as additionally insured. The attached Ordinance will allow the City to ensure the safe operations of any taxicab company within the City. Attachments AGENDA ITEM NO. 9.1 COPIES OF THE ORDINANCE WILL BE HAND DELIVERED MONDAY, MARCH 6, 1995 ORDINANCE _ (1995) AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A TAXICAB OPERATION SYSTEM AND REPEALING CHAPTER 7.80 OF THE LOS ANGELES COUNTY CODE A. Recitals (i) The City of Diamond Bar licenses taxicab operations pursuant to Title 7, Section 80 of the Los Angeles County Code. (ii) The Los Angeles County Code does not facilitate the establishment of a municipal Dial - A -Cab Service. . (iii) The City Council determines that for the establishment of insurance and the preservation of safe operations by taxicab operators, the following Ordinance should be enacted. B. Ordinance NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. The City Council finds and determines the recitals set forth above. Section 2. The Los Angeles County Code Chapter 7.80 is hereby repealed in its entirety. Section 3. The following provisions are hereby adopted as the Taxicab Operation Ordinance of the City of Diamond Bar to read, in words and figures, as follows: M1.4 160 I. 04 e Sections: 5.128.010 Definitions. 5.128.020 Applicability. 5.128.030 Finding of Public Convenience and Necessity - Required. 5.128.040 Finding of Public Convenience and Necessity - Application. 5.128.050 Public Hearing 5.128.060 Finding of Public Convenience and Necessity - Conditions 5.128.070 License - Grounds for Denial, Suspension, Revocation or Cancellation. 5.128.080 Transferability. 5.128.090 Finding of Public Convenience and Necessity - Entitles Holder to License. 5.128.100 Liability Insurance Required. 5.128.110 Indemnification. 5.128.120 Permit - Required of Operators. 5.128.130 Permit - Application - Procedure. 5.128.140 Taxicab Equipment - Requirements. 5.128.150 Taximeters. 5.128.160 Rates - Set by City Council. 5.128.170 Rates - Posting Requirements. 5.128.180 Rate Changes. 5.128.190 Receipt - Refusal to Issue - Unlawful 5.128.200 Misrepresentation of Ownership by Driver 5.128.210 Passenger - Fraudulent Intent Unlawful 5.128.220 Passenger - Exclusive Use by Passenger. 5.128.230 Operators Under Age Eighteen Prohibited. 5.128.240 Application Fees. 5.128.010 Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning. Except as otherwise defined herein, the definition of any term used in this chapter is the definition of such term as it is defined and described in the Vehicle Code of the State: * For statutory provisions regarding local regulations of vehicles for hire, see Los Angles County Code Chapter 7.80 is hereby repealed in its entirety. Veh. Code §16501; for provisions regarding carriers generally, see Civil Code 92085 et seq.; and Pub. Util. Code §200 et seq.; for provisions regarding financial responsibilities, see Veh. Code § 16500 et seq. 2 A. "Automobile for hire" includes every automobile or motor -propelled vehicle, other than taxicabs, used for the transportation of passengers over the streets of this City and not over a defined route, irrespective of whether such operations extend beyond the boundary limits of the City, at rates per mile, per trip, per hour, per day, per week or per month. B. Cruising means the driving of a taxicab on the streets, alleys or public places in the City in search of, or soliciting prospective passengers for hire. C. Driver means every person in charge of driving or operating any motor - propelled vehicle mentioned in this section, either as agent, employee or otherwise. D. "Driver's permit" means an identifying card or folder issued by the Sheriff s Department to each driver, as defined herein, identified as such in the regularly presented application, or for whom there has been filed with the Sheriffs Department a complete dossier as specified in the application. Upon termination of employment, suspension or revocation, the permit shall be surrendered to the licensee, who will then immediately forward the same to the Sheriffs Department. A similar permit issued by a City or county of this state may be accepted in lieu of a permit issued hereunder if approved by the Sheriffs Department. E. "License" means a business license issued by the City Clerk permitting the operation of those motor vehicles defined herein. F. "Licensee" means the duly accredited holder of a valid business license issued by the City Clerk permitting such holder to operate motor vehicles as defined herein. G. "Limousine" means a motor car with a large body commonly known as a six, seven or eight passenger sedan, used to transport passengers for hire. H. "Street stand" means any public place alongside the curb of a street or elsewhere in the City which has been designated as reserved exclusively for use of taxicabs. 1. "Taxicab" means every automobile or motor -propelled vehicle of .a distinctive color such as is in common usage in this country for taxicabs regularly engaged in the business of carrying passengers for hire not over a fixed route, such vehicle being operated for compensation fixed by a taximeter in accordance with the distance traveled, the time elapsed or both. J. "Taximeter" means a mechanical instrument or device by which the charge for hire of a passenger -carrying motor -propelled vehicle is mechanically registered, calculated or indicated -by means of figures in accordance with the distance traveled, the time elapsed or waiting time, or both. 5.128.020 AFpli itv. The provisions of this article shall not apply to the operation of any vehicles as herein defined when such vehicle is used for the limited purpose of delivering passengers to places in the city from some point outside the city. 5,128. 030 Finding of Public Convenience and Necessity - Reouired. No person shall operate, cause, permit or allow to be operated any automobile for hire or a taxicab upon the 3 streets of the city without having first obtained a certificate of public convenience and necessity from the City Council - An f bli onv i n d Necessity - AnDlication. An application for a 4 1 Pcler certificate required by the preceding section ll b erilf d with the city and shall on h the provided by the city and such application shall following information: A. The name and address of applicant; rized representative, if any; B. The name and addresslace where such businesshalhbe onducted or carried C. The street and number of the p on; D. The number of motor vehicles to be placed i n service; E. The make, type and seating capacity of proposed vehicles; F. A complete schedule of proposed rates; G. The name of the insurance carrier, and the amount of personal and property liability carried on each motor vehicle together with the name of the nearest representative and his business address; H. Taxicab color scheme and insignia; 1. Applicant's estimate of the need of taxicab service in the areas which he proposes to serve, and taxicab service in such hick armay requireprovided by others; J. Such further information as the City s �R n50 Public Heat. Upon the filing of an application, the City Council on. Notice of such hearing 1 be given to the shall fix a time and place for public certificatng es of public convenience and necessity have been applicant and to all persons to of such therefore issued. Due notice shall also be given may file with the City Councposting il a letter In support hearing at the City Hall. Any interested person of or opposition to the issuance of a certificate. 15 ,�?8 060 Flnain� ^fP»h1iS ('onvenience nd Necessity - Condi_Ei.onL The City Council, in ies of a taxicab determining whether of not public convenience andessity s it may deemlssuance pertinent and proper, tif operator's license, may take into consideration all which shall include whether or not: A. The applicant has complied with all of the provisions of the Ordinance; B. The applicant is financially responsible and under efficient management; C. The applicant is capable of providing safe and prompt cthatob service, 24 any existing otrs daily; D. The proposed insignia and color scheme conflicts operator so as to deceive or tend to deceive the public; E. The schedule of rates proposed to be charged is fair and reasonable; F. The applicant has presented evidence sufficient to justify the operation of a specified number of taxicabs in the City. G. The applicant has satisfied all liability insurance requirements. H. The applicant is a fit and proper person to have a taxicab operator's license: and 4 I. Any conditions are necessary to be imposed on the taxicab operator's license. 5.128.070 License - Grounds for Denial. S sl&nsion. Revocation or Cancellation. In addition to the powers granted by this Ordinance, the City Council may deny, revoke, suspend or cancel any taxicab operator's license if the holder/applicant: A. Violated any of the provisions of this ordinance; B. Discontinued operations for five days or more; C. Violated any ordinances of the City or the laws of the United States, or the state, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation; D. Failed to provide adequate service as determined by the City Council following a public hearing after receiving evidence relevant thereto. F. The granting or continuance of such license is not justified by public convenience and necessity. G. The granting or continuance of such license, for any reasonable cause, is or will be contrary to the general public welfare. 5.128.080 Transferability. No finding of public convenience and necessity or license shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the consent of the City Council, and the sale, assignment, mortgaging or otherwise conveying any such license without the consent and approval of the Council shall revoke such license. 5.128.090 Finding_of Public Convenience and Necessity -Entitles Holder to License. Each person to whom a certificate of public convenience and necessity has been issued shall be . entitled to obtain a license to engage in the business described in such certificate from the City Clerk upon the payment of the license fee. 5.128.100 Liability Insurance Required. No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect, and covering each vehicle classified under Section 5.128.010 a policy of insurance in such form as the City Council shall deem proper, executed by an insurance company approved by the Council insuring the public against any loss or damage that may result from the operation of such vehicle, and provided further that such policy of insurance shall provide for maximum recovery of not less than the following schedule: A. For the injury to any one person, or the death of any one person in any one accident, one million dollars ($1,000,000); B. For the injury to two or more persons, or the death of two or more persons in any one accident for all vehicles, one million dollars ($1,000,000)s; C. For injury or destruction of property in any one accident, one million dollars ($1,000,000). Such evidence of insurance shall provide that the City Council is to be given written notice at least thirty (30) days in advance of any modification or termination of such insurance. 5.128.110 Indemnification. As a condition of the license, the licensee agrees to indemnify, defend, and save harmless the City of Diamond Bar, its agents, officers and employees from and against any and all liability, expense, including defense cost and legal fees and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising rom or connected with the licensee's activities, including any worker's compensation suits, liability or expense, arising from or connected with services performed by or on behalf of the licensee by and person pursuant to this license. 5.28.120 Permit --Required of Opgrators. No person shall drive a vehicle which falls within a definition set forth in this ordinance without first obtaining a permit therefor, and it is unlawful for any certificate holder to permit the operation of any vehicle authorized under this ordinance by a person who has failed to comply with the terms hereof. 5.128.130 Permit--Application--Procedure. Application for a permit as provided herein shall be made through the City Clerk and no permit shall be valid until approved by the Sheriffs Department. Each applicant shall be fingerprinted and photographed by the Sheriffs Department before issuance of driver's permit. Such application shall be in duplicate and a copy shall be forwarded to the Sheriffs Department. The form of the application shall be approved and furnished by the Sheriffs Department and contain such information as may be deemed necessary in order to provide for the public safety and welfare. If a similar permit has been issued by a City or county of this state, as provided in Section 5.128.010, each such application shall be accompanied by a payment. 5.128.140 Taxicab Equipment - Requirements. Certain requirements hereafter named are mandatory for the lawful operation of motor vehicles, as defined in Section 5.128.010: A. Taximeter; as used herein, "taximeter" means a device that automatically calculates a predetermined rate or rates and indicates the charge for hire of a taxicab; B. Radio transmitter and receiver capable of two-way communication with a dispatcher; C. Locked box for the safekeeping of fares in excess of $5.00 D. Readable signs posted inside and outside the taxicab to notify persons that the driver is to carry only $5.00 in change of his/her person; E. Trunk device which will permit the opening of the trunk lid from the inside of the trunk; F. Permanent fixture to display the taxicab driver's identification card in prominent view of the passengers; G. Not less than four doors; H. Each motor vehicle defined in Section 5.128.010, except limousines, shall carry at all times an identifying sign securely attached to the outside of vehicle showing the name of licensee; I. For each additional driver employed, an operator's permit shall be obtained in the manner required under this ordinance; G J. Every person, while driving a licensed "in service" motor vehicle, shall have on his person a valid driver's permit issued to him by the police department, as well as a valid driver's license issued to him by the department of motor vehicles of the state; 5.128.150 Taximeters. Every taximeter shall be of such type and design as has been accepted by the California Department of Agriculture, and shall be maintained at all times in accordance with standards of accuracy established by such department. Every taximeter shall be placed so that the reading dial showing the amount to be charged shall be well lighted and readily discernible at all times by passengers riding in such taxicab. The Department of Weights and Measures shall test such Taximeters for accuracy in accordance with the procedure of such Department, and the results shall be reported in writing to the City Council by the taxicab operator within 30 days after the test. 5.128.160 Rates - Set by City Council The City Council shall establish the rates, including surcharges, to be charged under a taxicab operator's license. A taxicab operator shall not charge any more or less than is specified in the license. In establishing such rates, the City Council shall consider the extent of taxicab service and the schedule of rates charged by the applicant in other areas of the County, among such other facts it deems pertinent and proper to consider. 5.128 170 Rates - Posting Requirements. Every taxicab shall display in both the front seat and the rear seat, in full view of passengers in either of said seats, in letter and figures which are clearly legible and not less than one-quarter inch high, the schedule of rates to be charges. The rate display shall either be of a permanent character or be protected by glass or other suitable transparent material, and shall have printed thereon the name of the taxicab operator under whose license the taxicab is authorized to operate and the business address and telephone number of such taxicab operator. 5.128,180 Rate Changes. The holder of a certificate to operate any vehicle or class of vehicles as defined herein may make application to the City Council for a change in the rate schedule. Following such application, the City Council shall establish a time and place for a public hearing in connection with the change in rates. Notices or such hearing shall be given at least ten and not more than twenty days prior to the date set for hearing. Such notice shall be mailed to the applicant and to all other persons holding certificates permitting the operation of that class of vehicles to which the application applies. The City Clerk shall cause a copy of such notice to be published at least once in a newspaper of general circulation, such publication to be in accordance with the time provided for written notice. Any interested persons may object, either orally or by written memoranda, to the proposed change in rates. After holding the public hearing and examining all of the evidence, the City Council may either grant or deny the application for the proposed change in rate. In the event approval is given to the new rate schedule, then all holders of permits for the operation of that class of vehicle to which such rate change is made to apply shall be permitted to change their rates in accordance with the schedule approved by the Council. 7 5.128.190 Receipt --Refusal to Issue --Unlawful. It is unlawful for the driver of any taxicab or limousine, upon receiving full payment of a fare indicated by the taximeter or otherwise collected, to refuse to give a receipt therefor upon the request of any person making such payment. 5.128.200 Misrepresentation of Ownership by Driver. It is unlawful for any person soliciting patronage for any taxicab or limousine at any place in the City to misrepresent by word, sign, insignia, badge or by any other means the true identity of the owner of the vehicle to be used. 5.128.210 Passengers --Fraudulent Intent Unlawful. It is unlawful to hire any vehicle as defined under Section 5.128.010 with the intent to defraud the person from whom it is hired. 5.128.220 Passenger --Exclusive Use by Passenger. When any vehicle defined under Section 5.128.010 is engaged by any person, he shall have the exclusive right to the full use of the passenger compartment, and it is unlawful for the owner or driver of such vehicle defined under Section 5.128.010 to solicit or carry additional passengers therein without obtaining the consent of the person first engaging such vehicle. 5.128.230 Operators Under Eighteen Prohibited. No person under the age of eighteen years shall operate a motor vehicle for the purpose of transporting passengers for hire. 5.128.240 Application Fees. The City Council of the City of Diamond Bar shall set all fees for filing of application, permit application and renewals for the operation of a taxicab service by resolution. Section 4. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this day of , 1995. Mayor 8 I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar 9 AGENDA ITEM NO. 9.1 DRAFT ORDINANCE WILL BE AVAILABLE MONDAY, MARCH 6, 1995 ORDINANCE _ (1995) AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A TAXICAB OPERATION SYSTEM AND REPEALING CHAPTER 7.80 OF THE LOS ANGELES COUNTY CODE A. Recitals (i) The City of Diamond Bar licenses taxicab operations pursuant to Title 7, Section 80 of the Los Angeles County Code. (ii) The Los Angeles County Code does not facilitate the establishment of a municipal Dial - A -Cab Service. (iii) The City Council determines that for the establishment of insurance and the preservation of safe operations by taxicab operators, the following Ordinance should be enacted. B. Ordinance NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. The City Council finds and determines the recitals set forth above. Section 2. The Los Angeles County Code Chapter 7.80 is hereby repealed in its entirety. Section 3. The.following provisions are hereby adopted as the Taxicab Operation Ordinance of the City of Diamond Bar to read, in words and figures, as follows: 1 1 &0 1 XtEvit Sections: 5.128.010 Definitions. 5.128.020 Applicability. 5.128.030 Finding of Public Convenience and Necessity - Required. 5.128.040 Finding of Public Convenience and Necessity - Application. 5.128.050 Public Hearing 5.128.060 Finding of Public Convenience and Necessity - Conditions 5.128.070 License - Grounds for Denial, Suspension, Revocation or Cancellation. 5.128.080 Transferability. 5.128.090 Finding of Public Convenience and Necessity - Entitles Holder to License. 5.128.100 Liability Insurance Required. 5.128.110 Indemnification. 5.128.120 Permit - Required of Operators. 5.128.130 Permit - Application - Procedure. 5.128.140 Taxicab Equipment - Requirements. 5.128.150 Taximeters. 5.128.160 Rates - Set by City Council. 5.128.170 Rates - Posting Requirements. 5.128.180 Rate Changes. 5.128.190 Receipt - Refusal to Issue - Unlawful 5.128.200 Misrepresentation of Ownership by Driver 5.128.210 Passenger - Fraudulent Intent Unlawful 5.128.220 Passenger - Exclusive Use by Passenger. 5.128.230 Operators Under Age Eighteen Prohibited. 5.128.240 Application Fees. 5.128.010 Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning. Except as otherwise defined herein, the definition of any term used in this chapter is the definition of such term as it is defined and described in the Vehicle Code of the State: * For statutory provisions regarding local regulations of vehicles for hire, see Los Angles County Code Chapter 7.80 is hereby repealed in its entirety. Veh. Code § 16501; for provisions regarding carriers generally, see Civil Code 92085 et seq.; and Pub. Util. Code §200 et seq.; for provisions regarding financial responsibilities, see Veh. Code § 16500 et seq. 2 A. "Automobile for hire" includes every automobile or motor -propelled vehicle, other than taxicabs, used for the transportation of passengers over the streets of this City and not over a defined route, irrespective of whether such operations extend beyond the boundary limits of the City, at rates per mile, per trip, per hour, per day, per week or per month. B. "Cruising" means the driving of a taxicab on the streets, alleys or public places in the City in search of, or soliciting prospective passengers for hire. C. "Driver" means every person in charge of driving or operating any motor - propelled vehicle mentioned in this section, either as agent, employee or otherwise. D. "Driver's permit" means an identifying card or folder issued by the Sheriffs Department to each driver, as defined herein, identified as such in the regularly presented application, or for whom there has been filed with the Sheriffs Department a complete dossier as specified in the application. Upon termination of employment, suspension or revocation, the permit shall be surrendered to the licensee, who will then immediately forward the same to the Sheriffs Department. A similar permit issued by a City or county of this state may be accepted in lieu of a permit issued hereunder if approved by the Sheriffs Department. E. "License" means a business license issued by the City Clerk permitting the operation of those motor vehicles defined herein. F. "Licensee" means the duly accredited holder of a valid business license issued by the City Clerk permitting such holder to operate motor vehicles as defined herein. G. "Limousine" means a motor car with a large body commonly known as a six, seven or eight passenger sedan, used to transport passengers for hire. H. "Street stand" means any public place alongside the curb of a street or elsewhere in the City which has been designated as reserved exclusively for use of taxicabs. I. "Taxicab" means every automobile or motor -propelled vehicle of a distinctive color such as is in common usage in this country for taxicabs regularly engaged in the business of carrying passengers for hire not over a fixed route, such vehicle being operated for compensation fixed by a taximeter in accordance with the distance traveled, the time elapsed or both. I "Taximeter" means a mechanical instrument or device by which the charge for hire of a passenger -carrying motor -propelled vehicle is mechanically registered, calculated or indicated -by means of figures in accordance with the distance traveled, the time elapsed or waiting time, or both. 5.128.020 Applicability. The provisions of this article shall not apply to the operation of any vehicles as herein defined when such vehicle is used for the limited purpose of delivering passengers to places in the city from some point outside the city. 5.128.030 Finding of Public Convenience and Necessity - Required. No person shall operate, cause, permit or allow to be operated any automobile for hire or a taxicab upon the 3 streets of the city without having first obtained a certificate of public convenience and necessity from the City Council. 5.128,040 Finding of Public Convenience and Necessity - ApRlication. An application for a certificate required by the preceding section shall be filed with the city clerk upon forms provided by the city and such application shall be verified under oath and shall furnish the following information: A. The name and address of applicant; B. The name and address of his duly authorized representative, if any; C. The street and number of the place where such business shall be conducted or carried on; D. The number of motor vehicles to be placed in service; E. The make, type and seating capacity of proposed vehicles; F. A complete schedule of proposed rates; G. The name of the insurance carrier, and the amount of personal and property liability carried on each motor vehicle together with the name of the nearest representative and his business address; H. Taxicab color scheme and insignia; I. Applicant's estimate of the need of taxicab service in the areas which he proposes to serve, and taxicab service in such which are now being provided by others; J. Such further information as the City Council may require. 5.128.050 Public Hearing. Upon the filing of an application, the City Council shall fix a time and place for public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been therefore issued. Due notice shall also be given the general public by posting notice of such hearing at the City Hall. Any interested person may file with the City Council a letter in support of or opposition to the issuance of a certificate. 5.128.060 Finding_of Public Convenience and Necessity- Conditions The City Council, in determining whether of not public convenience and necessity justifies issuance of a taxicab operator's license, may take into consideration all facts as it may deem pertinent and proper, which shall include whether or not: A. The applicant has complied with all of the provisions of the Ordinance; B. The applicant is financially responsible and under efficient management; C. The applicant is capable of providing safe and prompt taxicab service, 24 hors daily; D. The proposed insignia and color scheme conflicts with that of any existing taxicab operator so as to deceive or tend to deceive the public, E. The schedule of rates proposed to be charged is fair and reasonable; F. The applicant has presented evidence sufficient to justify the operation of a specified number of taxicabs in the City. G. The applicant has satisfied all liability insurance requirements. H. The applicant is a fit and proper person to have a taxicab operator's license: and 4 I. Any conditions are necessary to be imposed on the taxicab operator's license. 5.128.070 License - Grounds for Denial. Suspension. Revocation or Cancellation. In addition to the powers granted by this Ordinance, the City Council may deny, revoke, suspend or cancel any taxicab operator's license if the holder/applicant: A. Violated any of the provisions of this ordinance; B. Discontinued operations for five days or more; C. Violated any ordinances of the City or the laws of the United States, or the state, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation; D. Failed to provide adequate service as determined by the City Council following a public hearing after receiving evidence relevant thereto. F. The granting or continuance of such license is not justified by public convenience and necessity. G. The granting or continuance of such license, for any reasonable cause, is or will be contrary to the general public welfare. 5.128.080 Transferability. No finding of public convenience and necessity or license shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the consent of the City Council, and the sale, assignment, mortgaging or otherwise conveying any such license without the consent and approval of the Council shall revoke such license. 5.128.090 Finding of Public Convenience and Necessity -Entitles Holder to License. Each person to whom a certificate of public convenience and necessity has been issued shall be entitled to obtain a license to engage in the business described in such certificate from the City Clerk upon the payment of the license fee. 5.128.100 Liability Insurance Required. No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect, and covering each vehicle classified under Section 5.128.010 a policy of insurance in such form as the City Council shall deem proper, executed by an insurance company approved by the Council insuring the public against any loss or damage that may result from the operation of such vehicle, and provided further that such policy of insurance shall provide for maximum recovery of not less than the following schedule: A. For the injury to any one person, or the death of any one person in any one accident, one million dollars ($1,000,000); B. For the injury to two or more persons, or the death of two or more persons in any one accident for all vehicles, one million dollars ($1,000,000)s; C. For injury or destruction of property in any one accident, one million dollars ($1,000,000). Such evidence of insurance shall provide that the City Council is to be given written notice at least thirty (30) days in advance of any modification or termination of such insurance. 5 5,128,110 Indemnification. As a condition of the license, the licensee agrees to indemnify, defend, and save harmless the City of Diamond Bar, its agents, officers and employees from and against any and all liability, expense, including defense cost and legal fees and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising rom or connected with the licensee's activities, including any worker's compensation suits, liability or expense, arising from or connected with services performed by or on behalf of the licensee by and person pursuant to this license. 5 28 120 Permit --Required of Operators. No person shall drive a vehicle which falls within a definition set forth in this ordinance without first obtaining a permit therefor, and it is unlawful for any certificate holder to permit the operation of any vehicle authorized under this ordinance by a person who has failed to comply with the terms hereof. 5.128 130 Permit--Aonlication--Procedure. Application for a permit as provided herein shall be made through the City Clerk and no permit shall be valid until approved by the Sheriffs Department. Each applicant shall be fingerprinted and photographed by the Sheriffs Department before issuance of driver's permit. Such application shall be in duplicate and a copy shall be forwarded to the Sheriffs Department. The form of the application shall be approved and furnished by the Sheriffs Department and contain such information as may be deemed necessary in order to provide for the public safety and welfare. If a similar permit has been issued by a City or county of this state, as provided in Section 5.128.010, each such application shall be accompanied by a payment. 5.128,140 Taxicab Eguinm� ent - Requirements. Certain requirements hereafter named are mandatory for the lawful operation of motor vehicles, as defined in Section 5.128.010: A. Taximeter; as used herein, "taximeter" means a device that automatically calculates a predetermined rate or rates and indicates the charge for hire of a taxicab; B. Radio transmitter and receiver capable of two-way communication with a dispatcher; C. Locked box for the safekeeping of fares in excess of $5.00 D. Readable signs posted inside and outside the taxicab to notify persons that the driver is to carry only $5.00 in change of his/her person; E. Trunk device which will permit the opening of the trunk lid from the inside of the trunk; F. Permanent fixture to display the taxicab driver's identification card in prominent view of the passengers; G. Not less than four doors; H. Each motor vehicle defined in Section 5.128.010, except limousines, shall carry at all times an identifying sign securely attached to the outside of vehicle showing the name of licensee; I. For each additional driver employed, an operator's permit shall be obtained in the manner required under this ordinance; 6 J. Every person, while driving a licensed "in service" motor vehicle, shall have on his person a valid driver's permit issued to him by the police department, as well as a valid driver's license issued to him by the department of motor vehicles of the state; 5.128.150 Taximeters. Every taximeter shall be of such type and design as has been accepted by the California Department of Agriculture, and shall be maintained at all times in accordance with standards of accuracy established by such department. Every taximeter shall be placed so that the reading dial showing the amount to be charged shall be well lighted and readily discernible at all times by passengers riding in such taxicab. The Department of Weights and Measures shall test such Taximeters for accuracy in accordance with the procedure of such Department, and the results shall be reported in writing to the City Council by the taxicab operator within 30 days after the test. 5.128.160 Rates - Set by City Council. The City Council shall establish the rates, including surcharges, to be charged under a taxicab operator's license. A taxicab operator shall not charge any more or less than is specified in the license. In establishing such rates, the City Council shall consider the extent of taxicab service and the schedule of rates charged by the applicant in other areas of the County, among such other facts it deems pertinent and proper to consider. 5.128.170 Rates - Posting Requirements. Every taxicab shall display in both the front. seat and the rear seat, in full view of passengers in either of said seats, in letter and figures which are clearly legible and not less than one-quarter inch high, the schedule of rates to be charges. The rate display shall either be of a permanent character or be protected by glass or other suitable transparent material, and shall have printed thereon the name of the taxicab operator under whose license the taxicab is authorized to operate and the business address and telephone number of such taxicab operator. 5.128.180 Rate Changes. The holder of a certificate to operate any vehicle or class of vehicles as defined herein may make application to the City Council for a change in the rate schedule. Following such application, the City Council shall establish a time and place for a public hearing in connection with the change in rates. Notices or such hearing shall' be given at least ten and not more than twenty days prior to the date set for hearing. Such notice shall be mailed to the applicant and to all other persons holding certificates permitting the operation of that class of vehicles to which the application applies. The City Clerk shall cause a copy of such notice to be published at least once in a newspaper of general circulation, such publication to be in accordance with the time provided for written notice. Any interested persons may object, either orally or by written memoranda, to the proposed change in rates. After holding the public hearing and examining all of the evidence, the City Council may either grant or deny the application for the proposed change in rate. In the event approval is given to the new rate schedule, then all holders of permits for the operation of that class of vehicle to which such rate change is made to apply shall be permitted to change their rates in accordance with the schedule approved by the Council. 7 5.128.190 Receipt --Refusal to Issue --Ur lawful_. It is unlawful for the driver of any taxicab or limousine, upon receiving full payment of a fare indicated by the taximeter or otherwise collected, to refuse to give a receipt therefor upon the request of any person making such payment. 5,128 200 Misrepresentation of Ownership by Driver. It is unlawful for any person soliciting patronage for any taxicab or limousine at any place in the City to misrepresent by word, sign, insignia, badge or by any other means the true identity of the owner of the vehicle to be used. 5.128.210 Passengers --Fraudulent Intent Unlawful_. It is unlawful to hire any vehicle as defined under Section 5.128.010 with the intent to defraud the person from whom it is hired. 5.128,220 Passenger --Exclusive Use by Passenger. When any vehicle defined under Section 5.128.010 is engaged by any person, he shall have the exclusive right to the full use of the passenger compartment, and it is unlawful for the owner or driver of such vehicle defined under Section 5.128.010 to solicit or carry additional passengers therein without obtaining the consent of the person first engaging such vehicle. 5.128,230 Operators Under Fighteen Prohibited. No person under the age of eighteen.years shall operate a motor vehicle for the purpose of transporting passengers for hire. 5.128.240 Application Fees, The City Council of the City of Diamond Bar shall set all fees for filing of application, permit application and renewals for the operation of a taxicab service by resolution. Section 4. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this day of , 1995. Mayor 8 I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar 0 INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR �1 TO: Lynda rgess, City Clerk FROM: Terrence L. Belanger, City Manage SUBJECT: Agenda Item - Proclamation DATE: February 27, 1995 The attached request for a proclamation from CalPoly re College of Arts Retention and Enhancement Services (CARES) is to be added to the March 7 agenda. Please prepare the proclamation and contact Dr. Markham's office for a representative to be present at the Council meeting. nbw attachment C>?k-65 Z , 1 6 �C(s - -�e a"4�� -,,� C,,� L POLYTECiy� i, Z z cG � O W PONIONA February 21, 1995 / CY ' Pls, el 3 f-4. �/qs Phyllis Papes,.P Mayor City Hall AV 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765 Dear Mayor Papes: 3801 West Temple Avenue Pomona, California 91768-4051 Telephone (909) 869-3237,_, �i CARES College of Arts Congratulations on another great year! Our CARES organization is in its seventh year and was recently recognized as one of the top retention programs in the nation. We have enjoyed the privilege of working with some students from Diamond Bar. I wonder if your office could prepare a recognition proclamation for our program. I have enclosed a sample proclamation. If you have any questions, I can be reached at: (909) 869-3237. Thanks for your assistance. Si rely, Reed Markham, Ph. D Director CARES Agriculture • Arts • Business Administration • Engineering • Environmental Design . Science School of Education . School of Hotel and Restaurant Management Member of The California State University PROCLAMATION FOR CALIFORNIA STATE POLYTECHNIC UNIVERSITY POMONA- COLLEGE OF ARTS RETENTION AND ENHANCEMENT SERVICES PROGRAM WHEREAS, Cal Poly Pomona's College of Arts Retention and Enhancement Services (CARES) was recognized as one of the top ten retention programs in the nation by the 1994 National Higher Education Conference on Black Student Retention WHEREAS, CARES was recognized for a 1994 National APEX Award by Communication Concepts, Inc. WHEREAS, CARES has provided hundreds of students from underrepresented backgrounds with the support needed to be successful in their university training and careers WHEREAS, CARES has demonstrated excellence in public service, university service, community activities and professional development; now therefore let it be RESOLVED, That Mayor Phyllis Papes offe hi Gere appreciation for CARES contributions to the local community. 03/01/1995 07:16 11111111111111111111 P.02 Congressional Resolution Designating the Month of March as "''omen's History Month" %T hereas American women of every race, class, and ethnic background have made historic contributions to,the growth and strength of our Nation in countless recorded and unrecorded ways; %)herfts American women have played and continue to play a critical economic, cultural, And social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; %41ereas American women have played a unique role through- out the history of the Nation by providing the majority of the volunteer labor force of the Nation; %lereas American women were particularly important in the establishment of early charitable, philanthropic, and cultural .institutions in our Nation; fMereas American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; %itereas American women have been leaders, not only In securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and _Y wreas despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, leaching and study of American history: Now, therefore, be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that March is designated as "Women's History Month." The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe this month with appropriate programs, ceremonies, and activities. This resolution was Massed by Congress in 1987 and successive years. TOTAL P.02 03/01/1995 07:15 11111111111111111111 P.01 .fond$ Finanicial Leasiney � .►n - � r/✓SSS .. F rRat t Bair W. Harmony. Pres€dent DA tZ 5L PAGE: S[7BJECPt 1•rrcAni� K�°'►IpE�iNEWiu�IN■pCii`$-/coiflEBiiVA,,��:�M�`JnNiMilATlii,�ir�v�TMsi°9wlu"runes Phyllis E. Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary G. Miller Council Member Recycled paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91763 4177 (909) 860-2489 • Fax (909) 861-3117 FAX COVER SHEET DATE:, TIME: NO. OF PAGES: (Including Cover Sheet) TO: M I cj?oe L \-�/l L nA COMPANY: PHONE: FAX: FROM: DEPARTMENT: PHONE: FAX: COMMENTS: klere l5- J --4e 6-4E el o"L 'j&- . ii?e e.4 n 005ed 1 5 d /�n� . �y�o✓�ocy - l ,fie ��e . 9?a ck c � - s --ho l'd G�r- rtye b4 r Ery✓C�� ��-�.