HomeMy WebLinkAbout04/04/1995Cit / eoo
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AGENDA
Tuesday, April 4, 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
Phyllis E. Papen
Gary H. Werner
Council Member Eileen R. Ansari
Council Member Clair W. Harmony
Council Member
City Manager
City Attorney
City Clerk
Gary G. Miller
Terrence L. Belanger
Michael Jenkins
Lynda Burgess
Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the
City Clerk, and are available for public inspection. If you have questions regarding an agenda item,
please contact the City Clerk at (909) 860-2489 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk
a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smokin& eating or drinking The City of Diamond Bar uses recycled paper
in the Council Chambers. ��, - 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 ane 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 persons. 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 an 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 -LINE
General Information (909) 860-2489
NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
1.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Next Resolution No. 95-19
Next Ordinance No. 04(1995)
6:30 p.m.
Mayor Papen
April 4, 1995
Council Members Ansari, Harmony,
Miller, Mayor Pro Tem Werner and
Mayor Papen
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES:
2.1 Proclaiming April, 1995 as "Fair Housing" Month.
3. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an opport-
unity 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. Although the City Council values your comments,
pursuant to the Brown Act, the Council generally cannot take
any action on items not listed on the posted agenda. Please
complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five
minute maximum time limit when addressing the City Council.
4. COUNCIL COMMENTS: Items raised by individual
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 JOINT MEETING - CITY COUNCIL AND PLANNING COMMISSION -
April 6, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E.
Copley Dr.
5.2 USED OIL PROMOTIONAL EVENT - April 8, 1995 - 10:00 a.m.
1:00 p.m., Tim's Mobile, 22628 E. Golden Spgs. Rd.
5.3 PLANNING COMMISSION - April 10, 1995 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5.4 TRAFFIC & TRANSPORTATION COMMISSION - April 13, 1995
7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.5 CITY COUNCIL MEETING - April 18, 1995 - 6:30 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
APRIL 4, 1995 PAGE 2
6. CONSENT CALENDAR:
6.1 APPROVAL OF MINUTES - Regular Meeting of March 7, 1995 -
Approve as submitted.
Requested by: City Clerk
6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES FOR FEBRUARY
9, 1995 - Receive & file.
Requested by: City Engineer
6.3 PARKS & RECREATION COMMISSION MINUTES FOR FEBRUARY 23,
1995 - Receive & file.
Requested by: Community Services Director
6.4 VOUCHER REGISTER - Approve Voucher Register dated April
4, 1995 in the amount of $477,631.33.
Requested by: City Manager
6.5 TREASURER'S REPORT - Approve and file Treasurer's Report
for February, 1995.
Requested by: City Manager
6.6 GRADING CASH BOND POSTED FOR 1805 TINTAH DRIVE - The
Principal desires release of a cash bond for remedial
grading in the amount of $1,530. All work has been
performed as shown on the approved "As -Graded" grading
plan, on file.
Recommended Action: It is recommended that the City
Council declare the obligations null and void and release
the Cash Bond in the amount of $1,530 and instruct the
City Clerk to notify the Principal.
Requested by: City Engineer
6.7 AWARD OF CONTRACT FOR CONSTRUCTION OF NEW SIDEWALKS ON
DIAMOND BAR BOULEVARD - On February 21, 1995, Council
approved plans and specifications for construction of
sidewalks on Diamond Bar Blvd. between Fountain Spgs. Rd.
and Pathfinder Rd. Eighteen bids were submitted, with
the lowest apparent bidder JDC Inc. of Rancho Cucamonga.
Recommended Action: It is recommended that the City
Council award a contract to JDC Inc. for construction of
sidewalks on Diamond Bar Blvd. between Fountain Spgs. Rd.
APRIL 4, 1995 PAGE 3
and Pathfinder Rd. in an amount not to exceed $24,300
with a contingency of $4, 000 for project change orders to
be approved by the City Manager.
Requested by: City Engineer
6.8 AWARD OF CONTRACT FOR MAINTENANCE OF LANDSCAPE ASSESSMENT
DISTRICT NO. 38 - On February 21, 1995, Council adopted
Resolution No. 95-08 authorizing the City Clerk to
advertise for bids for maintenance of LAD No. 38. Five
bids were opened and publicly read on March 23, 1995.
Recommended Action: It is recommended that the City
Council award a contract for maintenance of LAD No. 38 to
Mariposa Horticultural Enterprises, Inc., the lowest
responsive bidder, in the amount of $38,400.
Requested by: Community Services Director
6.9 AWARD OF CONTRACT FOR MAINTENANCE OF LANDSCAPE ASSESSMENT
DISTRICT NO. 41 - On February 21, 1995, Council adopted
Resolution No. 95-10 authorizing the City Clerk to
advertise for bids for maintenance of LAD No. 41. Five
bids were opened and publicly read on March 23, 1995.
Recommended Action: It is recommended that the City
Council award a contract for maintenance of LAD No. 41 to
Landscape West, Inc., the lowest responsive bidder, in
the amount of $35,400.
Requested by: Community Services Director
6.10 AWARD OF CONSTRUCTION INSPECTION SERVICES CONTRACT FOR
TRAFFIC SIGNALS INSTALLATION ON GOLDEN SPRINGS DRIVE AT
CARPIO DRIVE, GOLDEN PRADOS DRIVE AND PROSPECTORS ROAD -
Three construction inspection service proposals were
received from the City's on-call traffic consultants.
Upon review and evaluation of the proposals, staff
determined that Warren Siecke represents the best choice
and most qualified consultant for installation of traffic
signals on Golden Springs at: Carpio Dr., Golden Prados
Dr. and Prospectors Rd.
Recommended Action: It is recommended that the City
Council award a construction inspection services contract
for traffic signal installation on Golden Springs Dr. to
Warren C. Siecke, Transportation & Traffic Engineering,
in an amount of $13,230 plus a contingency amount of
$1,000.
APRIL 4, 1995
PAGE 4
Requested by: City Engineer
6.11 APPROVAL OF PANTERA PARK PROJECT AGREEMENT WITH LOS
ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT
SPECIFIED PROJECT GRANT PROGRAM IN THE AMOUNT OF $1.47
MILLION - At its meeting of November 1, 1994, Council
adopted Resolution No. 93-54A approving the application
for $1.47 million from the L.A. County Regional Park and
Open Space District Specified Project Grant Program for
design and development of Pantera Park. Grant funding
has been approved for the total amount requested and the
agreement to receive the funding is ready for Council
action.
Recommended Action: It is recommended that the City
Council approve the Pantera Park project agreement with
L.A. County Regional Park and Open Space District
Specified Project Grant Program in the amount of $1.47
million.
Requested by: Community Services Director
6.12 SENATE BILL 323 AMENDING THE PUBLIC RECORDS ACT - This
Bill, sponsored by Senator Quentin Kopp, fundamentally
changes the definition and purpose of the Public Records
Act. Current law provides that "writings" be accessible
to the public to allow them to understand the conduct of
the public's business; SB323 proposes that "data" be
accessible to the public to allow them to utilize the
information. Problems with this bill include: lack of
privacy protection for citizens; expensive data
processing costs; exposure to litigation against the
City; no provision for security of municipal data and/or
computer systems, etc.
Recommended Action: It is
Council authorize the Mayor
of the City's opposition to
Requested by: City Clerk
recommended that the City
to notify State Legislators
adoption of SB323.
6.13 AUTHORIZATION TO DISPOSE OF SURPLUS CITY PROPERTY - What
is the process by which City -owned property is declared
surplus and made available for sale?
Recommended Action: It is recommended that the City
Council: (1) approve the City Manager's declaration of
surplus property; (2) direct the City Manager to place
these vehicles on consignment with JM International
Transportation for the purpose of soliciting competitive
APRIL 4, 1995
PAGE 5
bids; and (3), authorize the City Manager to sell each
vehicle to the highest bidder.
Requested by: City Manager
6.14 CONFLICT OF INTEREST WAIVER FOR RICHARDS, WATSON &
GERSHON RELATED TO VTM 47850 - The Council and Planning
Commission are going to be considering the matter of VTM
47850 beginning April 6, 1995. Apparently, in early
1994, a real estate attorney with Richards, Watson &
GERSHON provided legal services to JCC Development, the
applicant, in the matter of VTM 47850 in connection with
preparation of the Covenants, Conditions & Restrictions,
Articles and By -Laws and California Department of Real
Estate application. VTM 47850, as noted, is scheduled
for Council review. In order for the City Attorney to
advise the Council relative to the map, it will be
necessary for both the Council and JCC Development to
consent, in writing, to such representation. It should
be noted that JCC Development has consented in writing to
the waiver.
Recommended Action: It is recommended that the City
Council approve a Conflict of Interest Waiver for
Richards, Watson & GERSHON related to VTM 47850 and
authorize and direct the Mayor to execute the Waiver.
6.15 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL
BRANDMAN ASSOCIATES REGARDING ENVIRONMENTAL SERVICES FOR
VTM 47850 - In October 1994, Council approved award of
a $34,000 contract with Michael BRANDMAN Associates (MBA)
for environmental services related to VTM 47850. The
contracted scope of work was prepared based upon a review
of the information provided and the recommended rango of
services and costs. MBA is requesting a budget increase
of $18,825 to reflect an expanded scope of work.
Recommended Action: It is recommended that the City
Council approve an amendment with Michael Brandman
Associates reflecting the recommended scope of services
and $18,825 budget increase for VTM 47850, bringing the
total contract amount to $52,825.
Requested by: Community Development Director
6.16 SUPPORT OF JOE VASQUEZ FOR THE POSITION OF CALIFORNIA
CONTRACT CITIES ASSOCIATION TREASURER
Recommended Action: It is recommended that the City
Council support the candidacy of Joe Vasquez, Councilman
APRIL 4, 1995 PAGE 6
Rosemead, for the position of Treasurer of the California
Contract Cities Association.
Requested by: M/Papen
6.17 APPROVAL OF PETERSON PARK AGREEMENT WITH LOS ANGELES
COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL
DISCRETIONARY GRANT PROGRAM - At its meeting on December
6, 1994, the Council adopted Resolution No. 93-53A
approving the application for $140,000 from the L.A.
County Regional Park and Open Space District per parcel
discretionary Grant Program for the lighting of the
athletic fields at Peterson Park. Grant funding has been
approved for the total amount requested and the agreement
to receive the funding is ready for Council action.
Recommended Action: It is recommended that the City
Council approve the Peterson Park project agreement with
L.A. County Regional Park and Open Space District per
parcel discretionary Grant Program in the amount of
$140,000.
Requested by: Community Services Director
7. PUBLIC HEARINGS: None
8. OLD BUSINESS:
8.1 ORDINANCE NO 03(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 for the beginning of the
City's Dial -A -Cab program, staff 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 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, waive
full reading and approve Ordinance No. 03(1995) "An
Ordinance of the City Council of the City of Diamond Bar
Establishing a Taxicab Operation System and Repealing
APRIL 4, 1995 PAGE 7
Chapter 7.80 of the Los Angeles County Code."
Requested by: City Manager
8.2 GENERAL PLAN 1995; DISTRIBUTION OF FINAL DRAFT DOCUMENT,
ESTABLISHMENT OF PUBLIC HEARING IN MAY, AND REFERRAL OF
SPECIFIC MODIFICATIONS TO THE PLANNING COMMISSION FOR
RECOMMENDATION - The City Council has concluded its
initial review of the Planning Commission recommended
draft General Plan. Council directed the preparation of
a final "Draft" General Plan for distribution and
commencement of a 30 day public review period.
Recommended Action: It is recommended that the City
Council direct staff to distribute the revised Draft
General Plan, establish a May 9, 1995, public hearing,
and refer the draft General Plan to the Planning
Commission for recommendation on specific issues.
Requested by: Community Development Director
9. NEW BUSINESS:
9.1 ORDINANCE NO. XX(1995) AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF THE
CABLE TELEVISION SYSTEM FRANCHISE, GRANTED UNDER THE
COUNTY OF LOS ANGELES MASTER CABLE TELEVISION ORDINANCE
NO. 12,137 AS AMENDED AND HERETOFORE ADOPTED BY THE CITY,
FOR PERIOD NOT -TO -EXCEED 18 MONTHS - The City's
franchise with Jones Intercable will expire on May 23,
1995. On March 17, 1995, the City's Ad Hoc Cable
Television Subcommittee and staff met Jones' representa-
tives to discuss the franchise and to establish a frame-
work for future negotiations. Because the existing
franchise expires in a few months, Jones has requested an
extension for an additional three years in order to
facilitate negotiations.
Recommended Action: It is recommended that the City
Council approve for first reading by title only and waive
full reading of Ordinance No. XX(1995); direct the City
Manager to commence a comprehensive evaluation of the
cable system including financial and technical audits,
service capability and operator performance, and a review
of the operator's past record of compliance with the
franchise ordinance and authorize the City Manager to
begin a needs assessment that will help identify the
community's future cable -related service needs and
interests.
APRIL 4, 1995 PAGE 8
Requested by: City Manager
10. ANNOUNCEMENTS:
11. ADJOURNMENT: In memory of John Joseph Mahoney.
Please note that the format for the City Council agenda has been
modified to reflect changes suggested by the City Attorney.
Specifically, these changes are:
1. Public Comments - addition of the sentence "Although the
City Council values your comments, pursuant to the Brown
Act, the Council generally cannot take any action on items
not listed on the posted agenda."
2. Closed Session - it was recommended that Closed Session be
removed from the agenda unless matters are specifically
scheduled.
TO:
FROM:
ADDRESS:
ORGANIZATION
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
DATE: 4 V I! G
PHONE:
I expect to address the Council on the subject a ends item. Please have the Council Minutes reflect my
name and address as written above. f
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: rl A y h-1 / V DATE:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
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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: Re PA p- s DATE:
ADDRESS: PHONE: Up.
ORGANIZATION: — ---
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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ORGANIZATION:
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT
CITY CLERK
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Signature Of
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MARCH 7,1995
CALL TO ORDER: Mayor Papen called the meeting to order at 6:37
p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by
Mayor Pro Tem Werner.
ROLL CALL: Council Members Harmony, Miller, Mayor Pro
Tem Werner and Mayor Papen. Council Member Ansari was excused.
Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City
Manager; Michael Jenkins, City Attorney; James DeStefano, Community Development
Director; George Wentz, City Engineer; Bob Rose, Community Services Director and
Lynda Burgess, City Clerk.
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.:
2.1 Commended California State Polytechnic University Pomona for its college of arts
Retention and Enhancement Services Program and introduced Reid Marcum.
2.2 Proclaimed March as "Women's History Month." Ms. Suzanne Harmony, AAUW,
accepted the proclamation.
2.3 Mr. Castrol, Filipino American Community of Southern California, introduced Mr.
Labu to present a certificate for recognition for the Council's participation in the
50th Anniversary of the liberation of Manila.
PUBLIC COMMENTS: Jack Newe, D.B. Friends of the Library, announced that
the annual Library Wine Tasting Soiree will be held on April 2, 1995, 2:00 - 5:00 p.m. at
the Generations Restaurant. He asked how much money would be allocated by the City
this year for the library.
CM/Belanger reported that last year, the Council approved a budget allocation of
$160,000 to underwrite expanded library services and $40,000 for materials and
equipment.
M/Papen suggested that an Ad Hoc committee be formed to discuss how the monies will
be spent and for what.
CM/Belanger advised that ACM/Usher and C/Ansari have been working with the
"Friends of the Library."
MPT/Werner advised that he would be willing to work with the "Friends of the Library" in
the absence of C/Ansari.
Patty Anis commented on the Wine Tasting Soiree and urged the entire community to join
in this fund raiser.
MARCH 7, 1995 PAGE 2
Max Maxwell, 3211 Bent Twig Ln., stated that he did not agree with the General Plan
Red Calkins, 240 Eagle Nest Drive, thanked staff for their good service.
Jack Healy commended C/Miller for his managing the clock at the last Council meeting. He
also commented on unsolicited faxed material to local citizens should not be stopped because
of First Amendment rights.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., did not agree with the proposed General
Plan and felt that the majority of the citizens of D.B. do not agree with the proposed Plan.
She asked the citizens to carefully read it over and give their comments.
Frank Dursa expressed concern that C/Miller would be running for higher office and asked
him to resign from Council so that he could put all of his efforts into his campaign.
4. COUNCIL COMMENTS: C/Harmony advised that his office does not send faxes
during the late hours of the day. He felt that the General Plan is excessive and expands the
City. He announced that, on Saturday, March 10, 1995, 12:00 - 2:00 p.m., he would be at
Lucky's Supermarket for "Sidewalk City Hall." He reported on a new telephone call in
program for new agenda items.
C/Miller stated that D.B. students attending Ganesha High School are being treated like
second-class citizens by local businesses and citizens. He asked staff to prepare an
informational program to better inform our community and local businesses of the two school
districts that are attended by our students.
MPT/Werner agreed with C/Miller's comments in that our students that attend Ganesha High
School are still a part of our community. He reported that the City of Hope Romanian
Project is going well and a store front is located near Alpha Beta for donations. He
announced that he will be sitting in for M/Papen at the D.B. Little League's Opening Day on
Saturday, March 10, 1995 and asked the community to help out with the Pomona Valley Red
Cross.
M/Papen announced that on Wednesday, March 8, 1995 at 7:00 p.m. at the AQMD, Room
CC -6, the L. A. County Metropolitan Transportation Authority will make a special
presentation to area residents on the 20 year long-range transportation improvement plan for
the San Gabriel Valley. She also announced that the Senior Patrol had received its
automobile and that it had been painted and lettered with "Senior Volunteer Patrol" with the
City Logo. She urged the community to look over the General Plan. She asked staff to
discuss the provision of sandbags and if these are needed, how does the community get them.
CM(Belanger advised that the City will provide up to 25 sandbags to each resident free of
charge at City Hall and three fire stations: 1) Armitos; 2) Grand Avenue and 3) Pathfinder.
He referred to CSD/Rose for slope inspections and providing assistance to individuals having
slope distress.
MARCH 7, 1995 PAGE 3
C/Miller advised that the hillside behind Calvary Chapel at the hospital site was washing out
and requested staff to inspect it.
CM/Belanger advised that most of the City's activities are largely related to public property
and providing slope inspection for private property would only be on an emergency basis.
SCHEDULE OF FUTURE EVENTS:
5.1 PRESENTATION BY METROPOLITAN TRANSPORTATION AUTHORITY
(MTA) ON 20 YEAR LONG-RANGE TRANSPORTATION RAPROVEMENT
PGM - March 8,1995, 7:00 p.m., AQMD CC -6, 21865 E. Copley
5.2 TRAFFIC & TRANSPORTATION COMMISSION - March 9, 1995 - 7:00 p.m.,
AQMD Auditorium Board Hearing Room, 21865 E. Copley
5.3 PLANNING COMMISSION - March 13, 1995 - 7:00 p.m., AQMD Auditorium,
21865 E. Copley
5.4 CITY COUNCIL MEETING - March 21, 1995 - 6:30 p.m., AQMD Auditorium,
21865 E. Copley
5.5 WORKSHOP - D.B. ASSOCIATES, PROJECT VTM 47850 - Saturday, March 11,
1995 - 9:00 - 12:00 p.m., AQMD Auditorium, 21865 E. Copley
6. CONSENT CALENDAR: C/Miller moved, MPT/Werner seconded to approve the
Consent Calendar. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Harmony, MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari
6.1 APPROVED MINUTES:
6.1.1 Regular Meeting of January 17, 1995 -As submitted.
6.1.2 Regular Meeting of February 7, 1995- As submitted.
6.2 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of January
26, 1995 - Received and filed.
6.3 APPROVED VOUCHER REGISTER - Dated March 7, 1995 in the amount of
$482,355.91.
6.4 TREASURER'S REPORT - MONTH OF JANUARY, 1995 - Received and filed.
6.5 CLAIMS FOR DAMAGES:
6.5.1 Filed by Arci-Co on February 2, 1995 - Rejected request and referred matter
for further action to Carl Warren & Co., the City's Risk Manager.
6.5.2 Filed by Cathy Barrows on February 17, 1995 -Rejected request and referred
matter for further action to Carl Warren & Co., the City's Risk Manager.
MARCH 7, 1995 PAGE 4
6.5.3 Filed by Rosina C. Lam on February 22, 1995 -Rejected request and referred
matter for further action to Carl Warren & Co., the City's Risk Manager.
6.6 REDUCED AND EXONERATED SUBDIVISION IMPROVEMENT BONDS FOR
TRACT 47851 (DIAMOND BAR EAST PARTNERS) - Exonerated Bond No.
151304S for Domestic Water System improvements in the amount of $234,318;
reduced Bond No. 139424S for Grading Improvements from $913,743 (Faithful
Performance) to $735,000 and reduced the Labor & Material Bond in the same
proportion; reduced Bond No. 139425S for Erosion Control and Dewatering from
$291,893 (Faithful Performance) to $120,000 and reduced the Labor & Material
Bond in the same proportion; reduced Bond No. 151302S for Storm Drain, Street,
Sanitary Sewer and Sanitary Sewer Lift (Faithful Performance) to $900,000 and
reduced the Labor & Material Bond in the same proportion and directed the City
Clerk to notify the principals.
6.7 GOLDEN SPRINGS DRIVE LANDSCAPE MEDIANS FROM THE WESTERLY
CITY LIMIT TO LEMON AVENUE - authorized 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.
6.8 ADOPTED RESOLUTION NO. 95-12: 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.
6.9 RESOLUTION NO. 95-13: 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, REST ROOM
BUILDING AND VARIOUS SITE ACCESSIBILITY RAPROVEMENTS AT
MAPLE HILL PARK IN THE CITY OF DIAMOND BAR AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
6.10 AWARDED A CONTRACT TO MACADEE ELECTRICAL CONSTRUCTION
FOR TRAFFIC SIGNALS INSTALLATION ON GOLDEN SPRINGS DRIVE AT
GOLDEN PRADOS DRIVE, PROSPECTORS ROAD, AND CARPIO DRIVE - in
an amount not to exceed $217,910 with a contingency of $22,000.
6.11 APPOINTED JOYCE LEONARD TO THE TRAFFIC & TRANSPORTATION
COMMISSION TO FILL UNEXPIRED TERM OF LOU ESPOSITO - CC/Burgess
administered the Oath of Office to Mrs. Leonard.
7. PUBLIC HEARINGS: None.
MARCH 7, 1995 PAGE 5
8. OLD BUSINESS:
8.1 CONTRACT AMENDMENT TO CITY MANAGER AGREEMENT - CM/Belanger
recommended that the current termination clause in the City Manager's Contract
dated September 15, 1992 be left as is which would provide for a majority vote of the
City Council; that the maximum accumulated vacation hours for the City Manager be
established at 240 hours; with a proposed salary increase of 6% resulting in a monthly
salary of $8,056.00.
Max Maxwell, 3211 Bent Twig Ln., asked if the 240 hours accrued vacation is an
increase, how much vacation time is allowed the City Manager; why a 6% pay raise
instead of the standard 4%; was February 21, 1995 the retroactive date; and what
does the City Manager receive in "perks."
M/Papen explained that, at this time, there is no "cap" on accrued vacation time and
that the City Manager gets 20 vacation days per year. She advised that after the last
Council closed session, it was announced that the Council agreed on the 6% pay raise
and that the contract would be effective that day.
MPT/Werner clarified issues for Mr. Maxwell and advised that the City Manager has
a different contract then the City Attorney as well as other City employees. He
explained that the City is following standard practice of local government in
California.
Terry Birrell stated that the City Manager should be made to take his vacation and not
be able to accrue the time and 4% is a reasonable salary increase.
Dr. Lawrence Rhodes, Fiber Ct., stated that it is necessary for personnel to take time
off away from work.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., felt that the 6% salary increase
was too high and asked what kind of benefit package is given to the City Manager.
MPT/Werner moved, C/Miller seconded to approve the contract amendment with
Terrence L. Belanger for City Manager. With the following Roll Call vote, motion
carried:
AYES:
COUNCIL MEMBERS - Miller, MPT/Werner, M/Papen
NOES:
COUNCIL MEMBERS - Harmony
ABSENT:
COUNCIL MEMBERS - Ansari
8.2 CONTRACT WITH RICHARDS, WATSON AND GERSHON FOR CITY
ATTORNEY SERVICES - CM/Belanger recommended that the Council approve the
agreement for Michael Jenkins as the City Attorney effective March 1, 1995 and
suggested that a change be made in the contract to replace the super majority
MARCH 7, 1995 PAGE 6
termination clause with a majority termination clause.
MPT/Werner reiterated that the majority termination clause would include a two to
one vote with two other Council Members absent or abstaining.
Jack Gutowski asked where the law firm is located and if the firm represents Mid -
Valley Manpower Consortium and any cities in the San Gabriel Valley. He
commented on the way the firm represented the Mid -Valley Manpower Consortium
in that litigation costs are very high.
M/Papen advised that this firm is located in L.A..
CA/Jenkins advised that the law firm of Richards, Watson and Gershon represents the
Mid -Valley Manpower Consortium.
Frank Dursa asked if the new attorney would be handling litigation for the City or will
a litigation expert be hired; how much and how long will this contract be for; and if
the contract is renewed, what is the fee that they are going to charge us.
Jack Healy, 23041 Aspen Knoll Dr., asked if Michael Jenkins had any conflict of
interest with the City.
M/Papen advised that the Council interviewed 12 firms for the City Attorney position
and Mr. Jenkins was chosen with a 5-0 vote. She advised that the contract is for 45
hours per month at $135 an hour and that it can be terminated by a majority vote of
the Council.
CA/Jenkins advised that his firm also represents the Cities of La Habra Heights and
La Puente.
C/Harmony asked Mr. Jenkins if he had any conflict of interest with MPT/Werner in
association with the City of La Habra Heights.
Mr. Jenkins advised that MPT/Werner is not a source of income to the law firm or
vice versa in association with the City of La Habra Heights.
MPT/Werner stated that, prior to interview with each of the proposed attorneys, he
disclosed his associations with each of the attorneys. He advised that in the case of
Mr. Jenkins, he did have a relationship with the City of La Habra Heights but not with
Mr. Jenkins.
C/Miller moved, MPT/Werner seconded to approve the contract with Richards,
Watson and Gershon for City Attorney services as amended. With the following Roll
Call vote, motion carried:
MARCH 7, 1995 PAGE 7
AYES:
COUNCIL MEMBERS - Miller, MPT/Werner, M/Papen
NOES:
COUNCIL MEMBERS - Harmony
ABSENT:
COUNCIL MEMBERS - Ansari
C/Iviiller reiterated that, during closed session, there were 5 Council Members present
and a unanimous vote for the new City Attorney, Michael Jenkins. He asked why
C/Harmony changed his vote.
C/Harmony explained that because of some decisions that Michael Jenkins' law firm
made during the General Plan issues, he did not feel comfortable in voting for his law
firm.
8.3 AGREEMENT FOR ANNUAL FINANCIAL AUDIT AND QUARTERLY
PROCUREMENT AND CASH DISBURSEMENTS AUDITS - CM/Belanger stated
that the Council Finance Sub -Committee and senior staff interviewed 5 accounting
firms, making a recommendation that the Council consider and approve an agreement
with Conrad & Associates for annual financial services and a quarterly procurement
and cash disbursement audits as reflected in the staff report.
C/Harmony asked what date the sub -committee met to discuss the recommendations
and asked if this was a properly noticed meeting.
CM/Belanger advised that the sub -committee met on March 1, 1995, and it was
properly noticed.
MPT/Werner approved, M/Papen seconded to approve an agreement for the annual
financial audit and quarterly procurement and cash disbursement audits and awarding
the contract to Conrad & Associates. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Miller, Harmony, MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari
RECESS: M/Papen recessed the meeting at 8:29 p.m.
RECONVENE: M/Papen reconvened the meeting at 8:43 p.m.
8.4 MID -YEAR BUDGET REVIEW-CM/Belanger recommended that the Council
approve the proposed budget adjustment to the FY 1994-95 and advised that the
general fund revenue changes reflect an estimated net increase of projected revenues
of approximately $70,100 which gives the general fund a revenue total of $10,189,
115. Further, the estimated year-end surplus fund balance is estimated to be at
$1,071,114. He reviewed additional changes and recommendations to the allocations
for General Fund, Special Fund and Proposition A Funds.
MARCH 7, 1995 PAGE 8
In response to M/Papen, CM/Belanger advised that the City is not in debt to anyone
and that all of the City's projects are paid for by cash. He also advised that as of
January 31, 1995 the City's General Fund balance is $6,989,763 with total cash
receipts in other funds, for a total of $14,324,477.79.
C/Harmony asked about the $102,000 overage and was the contingency fund 25% for
previously resurfacing of D.B. Blvd.
CM/Belanger advised that that was the contingency amount in relationship to the
contract and that would have been the City Manager's authority in terms of approving
change orders. He directed C/Harmony to the capital improvement fund line item for
additional information.
ICE/Wentz advised C/Harmony that the original contingency amount was approx-
imately 10% of the contract amount at the time, for a total of $130,000. He also
advised that the total expenditure referred to in these amendments relates to the
comparison to the original budgeted amount prepared for Council, not the awarded
contract amount.
In response to M(Papen, ICE/Wentz advised that once the project was started, there
was a significant underground seepage problem and an unstable subbase, which
needed to be removed and repaired, increasing the original proposed amount.
C/Harmony asked if the dial -a -ride or taxi cab issue will be brought back to the
Council.
CM/Belanger stated that these issues can be accommodated by the budget for the FY
1994-95.
C/Harmony asked how sophisticated the software is requested by the City Clerk.
CM/Belanger advised that this software is a filing system that has a tremendous
amount of capacity and as a result of this capacity, it will affect a significant savings
in terms of space.
CCBurgess stated that the request is for software to be used on existing equipment
to provide a permanent storage media for all City documents in order to eliminate the
high costs of storing paper documents in City Hall.
C/Harmony asked about the additional $10,000 City -On -Line expenses for various
projects and asked if staff reported on issues dealing with cost efficiency at the last
Council meeting.
CM/Belanger advised that the Council asked for a proposal that was made at the last
meeting for improvements to the City -On -Line system and support services. He
advised that this budget review reflects the various cost allocations.
MARCH 7, 1995 PAGE 9
C/Harmony asked what happened to the software donated to the Community Services
Department for registration of park activities.
CM/Belanger advised that the software donated was for building permit applications.
C/Harmony asked what the status was on Proposition A funds, how much has the
City accumulated and how close are we to losing those dollars.
CM/Belanger stated that the City has accumulated $1.7 million and their life
expectancy information will be given at a later date.
C/Harmony also asked if there are any cures for the flooding at Petersen Park.
CM/Belanger advised that there is no proposal for such a project at Petersen Park.
M/Papen asked if the $40,000 funding for the Library will remain in the budget
through the end of the FY.
CM/Belanger confirmed that the $40,000 will remain in the budget for the Library.
Nancy Villalobos asked why the Golden Springs asphalt leak cannot be repaired and
the City cannot make the contractor guarantee his work. Further, will there be an
additional charge for liability insurance for roller blade hockey. She also asked what
the Dial -A -Ride for seniors provide. She stated that funds that will be removed from
the Senior Center at Heritage Park should remain.
ICE/Wentz advised that during the last 2-1/2 years, an edge drain was placed along
Golden Springs to catch the water that was the run-off of nearby slopes and put into
an underground system; however there continued to be seepage problems in the street
and the City retained the services of Kleinfelder to conduct an evaluation and
underground soil testing to identify the underlying soil conditions. He advised that
from this, the City has identified that the problem is that the water is coming from a
lot of different directions. He advised that staff has met with neighboring
developments to identify any alternatives of tying into existing underground systems.
CM/Belanger advised that the roller blade hockey program is expected to be a non -
contact program. He stated that liability protection is provided through special event
insurance and excess insurance and the City's own liability covered through Southern
California Joint Powers Insurance Authority.
M/Papen advised that all players are required to carry insurance on themselves, and
the fee includes that. Also, the players are responsible for their own safety equipment.
CM/Belanger advised that Dial -A -Ride will encompass a radius of 10 miles including
medical facilities in Covina, Pomona and Brea. He also advised that construction of
the Senior Center at the Heritage Park is complete and that money will discontinue;
MARCH 7, 1995 PAGE 10
however, Heritage Park Senior Center activities will not be discontinued.
Mary Weymeyer, 404 N. Rock River Dr., suggested that the City Manager speak with
the insurance company regarding the roller blade hockey program in that there is a
clause for roller blade hockey. She advised that youth roller hockey program is a full -
contact sport and recommended that each coach be trained by the U.S. Olympic
Committee and/or the YMCA because it will be another "block" in the possibility of
preempting some form of liability lawsuit in the future.
Frank Dursa asked how staff will get the Dial -A -Ride information out to Senior
Citizens.
MPT/Werner moved, CMEer seconded to approve the Mid -Year Budget Review as
amended. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, Harmony, MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari
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 - C/Harmony asked that this issue be set for next meeting until
C/Ansari can be a part of the discussion.
M/Papen reviewed the sections that would reflect changes and/or additions.
Steve Nice, Rising Star Dr., stated that the conduct of the Council is at issue
with these new procedures. He requested that any Resolution be reviewed
and approved by the City Attorney before enactment. He presented
C/Harmony with a plaque of appreciation from the citizens.
CA/Jenkins advised that it is policy for him to review all Resolutions prior to
presentation to Council.
M/Papen advised that ICA/Montgomery reviewed the recommendations and
approved them.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., requested revisions to
the standards of conduct for Council meetings.
Dr. Lawrence Rhodes, Fiber Ct., asked for clarification if the vote will reflect
a majority of the membership or a majority of the quorum.
M/Papen advised that it has been set as a majority of the quorum.
MARCH 7, 1995 PAGE 11
Dr. Rhodes requested that it be changed to a majority of the membership.
M/Papen advised that ICA/Montgomery advised that a majority of quorum
was acceptable.
CA/Jenkins stated that, according to State law, General Law cities are
prohibited from requiring any vote other than a majority of the quorum unless
the law specifically provides for some other type of vote. He advised that
there is no other particular case on point dealing with this; therefore, it is
impossible to say with certainty what the rule is.
M/Papen asked CA/Jenkins to continent on whether an abstention counts as
a majority.
CA/Jenkins advised that it does not count either way.
Nancy Villalobos asked that this issue be held over until C/Ansari can be a
part of the discussions.
Don Schad, 1824 Shaded Wood Rd., recommended additional changes and
revisions to the Council Standards of Operation.
C/Harmony asked that some of the wording in the Standards be defined and
requested that CA/Jenkins review the standards before the Council votes. He
disagreed with some of the wording in the City Council Standards and stated
that if there are penalties and sanctions or a censure, then individuals are not
allowed to give their testimony.
MPT/Werner agreed with C/Harmony in that this issue need to be referred to
the new City Attorney for his review and recommendations. He suggested an
option of placing a disclaimer on some of the issues in the Council Standards.
M/Papen advised that the City needs to be protected from lawsuits for
slander, defamation, stress, workers' compensation claims, etc. and this is
what this is what this Resolution is all about.
With consensus of Council, Resolution No. 91-71 was continued to the next
Meeting.
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 - MPT/Werner asked that this item be continued to
the next meeting so that he and C/Ansari can review it.
M/Papen asked MPT/Werner and C/Ansari to review this Resolution
MARCH 7, 1995 PAGE 12
and submit revisions at the next Council meeting. With consensus of
Council, the was continued to the next meeting.
9. NEW BUSINESS:
9.1 ORDINANCE NO. 03(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 - ACM/Usher reported that the City's current Dial -A -Ride service will be
replaced with an ordinance to be adopted by the Council. He also advised that the
current Ordinance does not allow the City to prepare for the new Dial -A -Ride
contract without having to go through the County; therefore, the Council needs to
adopt a new Ordinance so that the City has full control. Other City Ordinances have
been reviewed to get ideas for proper requirements for taxi operations and Dial -A. -
Cab operations.
MPT/Werner asked if this is similar to a franchise and also recommended that staff
ask for permits, insurance, etc.
ACA&Usher advised that anyone can operate a Dial -A -Ride taxi cab as long as they
carry the correct paper work and explained that all of the necessary paperwork will
be submitted. He advised that ICA/Montgomery reviewed the ordinance prior to
coming to the Council.
M/Papen moved, C/Harmony seconded to approve first reading by title only of
ORDINANCE NO. 12 (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. With the following Roll Call vote, motion carried unanimously:
AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari
10. ANNOUNCEMENTS: None
11. CLOSED SESSION: None held.
12. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned
at 10:40 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
FEBRUARY 9, 1995
CALL TO ORDER
Chairman Ortiz called the meeting to order at 7:00 p.m. at the
South Coast Air Quality Management District (SCAQMD) Hearing Room,
21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Chairman Ortiz.
ROLL CALL
Chairman Ortiz stated that Commissioner Chavers would be
absent and excused from the meeting.
Commissioners: Chairman Ortiz, Gravdahl, Esposito
Staff: Senior Engineer, David Liu; Consultant
Engineer, Michael Myers; Administrative
Assistant, Tseday Aberra; Sergeant Rawlings;
and Recording Secretary, Carol Dennis
I. APPROVAL OF MINUTES
1. Meeting of December 8, 1994 and January 12, 1995.
A motion was made by C/Gravdahl and seconded by
Chair/Ortiz to approve the minutes of December 8, 1994.
The motion was carried 2-0 with the following roll call:
AYES:
COMMISSIONERS:
Gravdahl, Chair/Ortiz
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Esposito
ABSENT:
COMMISSIONERS:
Chavers, VC/Istik
A motion was made by C/Gravdahl and seconded by
C/Esposito to approve the minutes of January 12, 1995.
The motion was carried 3-0 with the following roll call:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Gravdahl, Esposito,
Chair/Ortiz
None
None
Chavers, VC/Istik
February 9, 1995 Page 2 T&T commission
Vice Chairman Istik arrived at 7:09 p.m.
II. COMMISSION COMMENTS
C/Esposito announced that she is stepping down as Commissioner
from the Traffic and Transportation Commission effective March
1, 1995.
III. PUBLIC COMMENTS: - None
IV. CONSENT CALENDAR: - None
V. OLD BUSINESS:
A. Progress/Update of Neighborhood Traffic Management Study
SE/Liu reported that the goal of the project is to
identify the through traffic and neighborhood traffic
problems. This study will attempt to identify the
specific location, nature and cause of the problems; and
develop neighborhood traffic management plans that will
resolve the problems in a systematic area -wide approach
with the consensus approval of the community. He stated
that with the approval of the Traffic and Transportation
Commission, staff will send a Neighborhood Traffic
Management Questionnaire to residences (approximately
592) within the study area.
Chair/Ortiz announced for the record that VC/Istik had
arrived.
The Commissioners concurred with the staff's
recommendation to mail the questionnaires.
VI. NEW BUSINESS
A. Request for Traffic Study/Analysis on Golden Springs
Drive at High Knob Road.
SE/Liu reported that this item is a result of a request from
a citizen who lives in the vicinity of High Knob Road and
Golden Springs Drive. His specific concerns are the number of
accidents at this location, and the sight distance for the
motorists attempting to cross or turn onto Golden Springs
Drive.
February 9, 1995 Page 3 T&T Commission
Staff recommends that based on the type and number of
accidents the Traffic and Transportation Commission deny the
request to install a four-way stop or traffic signal on Golden
Springs Drive at High Knob Road at this time.
Responding to Chair/Ortiz, SE/Liu stated that this
intersection is not on the priority list for traffic signals.
C/Gravdahl indicated the intersection has good sight
visibility from both directions.
VC/Istik stated he agrees with staff's recommendation.
In response to C/Esposito, SE/Liu stated there is a signalized
intersection immediately to the north of Temple Avenue and the
majority of traffic is on Golden Springs Drive.
A motion was made by C/Gravdahl and seconded by C/Esposito to
follow staff's recommendation. The motion was approved 4-0
with the following roll call:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Gravdahl, Esposito, VC/Istik,
Chair/Ortiz
None
None
Chavers
B. Request for Installation of Botts dots on Pantera Drive
in the vicinity of Sentry Drive.
SE/Liu reported that this request came from a citizen. His
concern is related to speeding on Pantera Drive. SE/Liu
indicated there is a serious concern at various locations
along Pantera Drive, particularly at Gem Place. According to
the Sheriff's records, for example, on September 16, 1994
within an hour, the Sheriff's Department issued four speeding
citations at that location.
SE/Liu further stated that a two-tier approach should be
considered on this speeding concern. The first should be the
implementation/ installation with a series of warning signs for
the motorists. With subsequent observations and input from
the residents, the City may then want to do more at a later
time.
Staff recommends that the Traffic and Transportation
Commission deny the request to install botts dots on Pantera
February 9, 1995 Page 4 T&T Commission
Drive at this time and recommend the installation of "WATCH
DOWNHILL SPEED" signs and winding road (W14) signs with
advisory speed plates (W6) of 1125MPH" to inform motorists of
downhill grade and the winding road.
Responding to Chair/Ortiz, Sgt. Rawlings stated the average
speed is 15 MPH above the designated speed limit of 25 MPH.
Pantera is over 1/2 mile in length without any stop control
devices which makes enforcement difficult because it could be
considered a "speed trap".
In response to VC/Istik, SE/Liu stated that staff had not
considered any other alternative solutions. The two options
considered by staff would be the first phase installation of
warning signs followed by the possible installation of botts
dots. However, the installation of Botts dots would be done
only with the support of residents in the area.
Responding to C/Esposito, SE/Liu commented that residents
would inform staff whether the proposed solutions are working.
In addition, staff typically conduct site visits on a weekly
basis.
A motion was made by C/Gravdahl and seconded by Chair/Ortiz to
proceed with phase one as recommended by staff to install
"Watch Downhill Speed and "Winding Road" signs and further to
include "Grade Percent" signs.
VC/Istik stated he believes there are some very bad street
designs in the City. Some streets should have been designed
as Residential Collectors with no houses facing the street and
because of this he feels it would be advisable to tell people
the grade of the street.
The motion was approved 4-0 with the following roll call:
AYES: COMMISSIONERS: Gravdahl, Chair/Ortiz,
C/Esposito VC/Istik
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chavers
C. A Request to Remove Existing Red Curb on Brea Canyon Road
in front of Jones Intercable.
AA/Aberra reported Jones Intercable contacted the Department
February 9, 1995 page 5 T&T Commission
of Public Works to request the existing 90' and 79' of red
curb on both sides of the second driveway of their facility on
Brea Canyon Road be removed. Jones Intercable requested said
removal in order to provide their vehicles a parking place to
load and unload their equipment.
Staff recommends that in order to maintain the visibility
condition that the Traffic and Transportation Commission deny
Jones Intercable's request to remove the existing red curb on
both sides of the second driveway on Brea Canyon Road.
Janet Spatz, General Manager, Jones Intercable, stated Jones
Intercable originally requested the curb be painted red in
1990. Because of company growth and because there is
insufficient parking at the Jones Intercable location, the
company needs the ability, particularly between 8:00 a.m. and
9:00 a.m., to park the vehicles along Brea Canyon Road to load
and unload equipment. All of the technicians start their
workday at the same time which places a burden on the
available parking. In lieu of removal of the red curb, Ms.
Spatz indicated they would be agreeable to a "loading/
unloading" zone.
Responding to VC/Istik, Ms. Spatz stated that Jones Intercable
is a publicly held, a for profit company.
VC/Istik stated that on January 10, 1995 he was travelling
southbound in the number two lane of Brea Canyon Road and
needed to make a right turn. There were six Jones Intercable
trucks with red cones parked on Brea Canyon Road. However,
that did not cause the car behind him to slow down. In his
opinion, Jones Intercable's perceived need for a
loading/ unloading zone is not valid. Perhaps the company
needs another site or a larger site. In addition, the reason
for the road along the flood control channel is so that an
emergency clean out or potential rescue can be made from the
road adjacent to the channel.
VC/Istik continued that there have been two Churches on
Diamond Bar Boulevard which have obtained approval to park
where parking is not generally allowed. However, it is off-
peak use and those two facilities serve a different purpose.
From a safety standpoint he does not support the request.
Mike Worrell, Jones Intercable, stated that he has been with
the company for seven years. Currently, the utility vans are
parking on the east side of Brea Canyon Road and the employees
February 9, 1995 Page 6 T&T Commission
are transporting their equipment across Brea Canyon Road.
A motion was made by C/Gravdahl and seconded by C/Esposito to
have staff meet with the owners of Jones Intercable to see the
operation and to work out a solution.
In response to VC/Istik, CE/Myers stated that the City has
ordinances which require off-street parking for new uses or
changed uses. However, as an existing use, there is no
ordinances which allow retrofitting. Under the Los Angeles
County development standards and guidelines, there are a
number of facilities in the City which are underparked on
their sites. There are studies that could be conducted to
determine if this facility is underparked.
VC/Istik asked if staff would recommend the use of Brea Canyon
Road for parking and loading and unloading if this was a new
application before the City Council. CE/Myers responded that
it would be difficult to state without a complete application
and study of the uses, the sizes, etc. As an opinion, it is
not desirable to use the street as a loading zone. However,
there is parking allowed on Brea Canyon Road and there is
sufficient street width to accommodate parking and traffic.
Ms. Spatz stated the employees are loading and unloading a box
of tools and a box of converter boxes on airline luggage
carts, not heavy equipment.
VC/Istik asked the Commissioners to consider whether they are
establishing a policy for loading and unloading for business
uses.
Responding to C/Gravdahl, Ms. Spatz indicated the facility
covers Diamond Bar, Yorba Linda, Hacienda Heights and Anaheim
Hills.
The motion failed 2-2 with the following roll call:
AYES:
COMMISSIONERS:
Gravdahl, Esposito
NOES:
COMMISSIONERS:
VC/Istik, Chair/Ortiz
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Chavers
VC/Istik stated he believes one of the biggest liabilities the
City has is traffic safety. Since Commissioner Chavers is
absent, the Commission should move this item to March. In
light of that, he asked to change his vote.
February 9, 1995 Page 7 TAT Commission
A motion was made by VC/Istik and seconded by C/Esposito to
reintroduce C/Gravdahl's motion in order to have C/Chavers
input. The motion is to table the item, have staff meet with
the owners of Jones Intercable continuing the study and bring
the item back to the March meeting. The motion was approved
4-0 with the following roll call:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VC/Istik, Esposito, Gravdahl,
Chair/Ortiz
None
None
Chavers
VII. STATUS OF PREVIOUS ACTION ITEMS
SE/Liu reported that the City Council accepted the Traffic and
Transportation Commission recommendation to install stop signs
at the residential T -Intersections.
VC/Istik asked for a status report for posting the designated
residential streets (i.e. Prospectors Road, Cold Springs Lane,
Fountain Springs Road, etc.) from 30 MPH to 25 MPH.
SE/Liu reported that this item is on hold waiting for the
approval and adoption of the Circulation Element and the
General Plan.
VC/Istik stated the Commission had requested the item be
forwarded to the City Council for consideration and does not
need to wait for adoption of the Circulation Element. The
item was voted on December 8, 1994 and it should have gone to
the City Council.
SE/Liu stated he would convey the wishes of the Commission to
the City Manager so that the item could be agendized before
the City Council.
VIII.ITEMS FROM COMMISSIONERS
VC/Istik stated there are traffic detector loops on Sunset
Crossing Road and Diamond Bar Boulevard that are not within
the lane lines. He requested the City check into this and
correct the matter.
SE/Liu responded that Los Angeles County Public Works
Department had realigned the striping approximately one year
ago. He indicated he would check into this matter once again
February 9, 1995 Page 8 T&T commission
and report back to the Commission.
VC/Istik indicated that there are eight botts dots missing
along the lane transition along Golden Springs Drive at Grand
Avenue.
VC/Istik stated that there was a discussion at the December 8,
1994 meeting regarding the timely receipt of City Council
packets to the Commissioners. Since that time, he has been
receiving the packets prior to the Council meetings and it has
been very helpful.
VC/Istik indicated the applicant from the Evangelical Free
Church and some Traffic and Transportation Commissioners
recall there was discussion and remembered that he had had
some input at those meetings and it was not in the minutes.
He further stated that some portions of the minutes are very
detailed and some portions are taken out. He questions the
value of the minutes if they do not include all of the
discussion involved in reaching a conclusion.
IX. ITEMS FROM STAFF
SE/Liu stated staff anticipates the first workshop for the
Neighborhood Traffic Management Study will be held in April.
Prior to that time, the questionnaires will be mailed out and
any information received will be presented at the workshop.
X. INFORMATIONAL ITEMS
SE/Liu stated the overlay for the Diamond Bar Boulevard
Rehabilitation Project was completed on February 8, 1995. All
that remains is striping and cleanup work which should be
completed by February 17, 1995.
SE/Liu commented that the attached Grand Avenue
signing/ striping Plan is for the Commission's information and
comments.
In response to C/Esposito's concern regarding the eastbound #2
lane on Grand Avenue between Golden Springs Drive and
Montefino Avenue being used as two through lanes, one solution
may be to put in a bike lane. However, this creates a safety
concern with the high traffic volume on Grand Avenue.
VC/Istik asked if there are any transitions through
intersections planned similar to the Golden Springs Drive
February 9, 1995 Page 9 T&T Commission
through Grand Avenue.
SE/Liu responded that the botts dots currently across Grand
Avenue are temporary. When the Grand Avenue Rehabilitation
Project is done, the intersection will be widened and the
Botts dots will be removed. There will be botts dots at Grand
Avenue and Diamond Bar Boulevard.
SE/Liu stated the Traffic and Transportation Commission packet
contains the 1994 Holiday Shuttle information as requested by
C/Gravdahl.
SE/Liu pointed out the Vision for MTA and how the MTA views
the transportation issues from the County perspective.
A copy of the Traffic and Transportation Commission Meeting
Rules forwarded by Mayor Papen have been included in the
packet for review and will be included in all future agenda
packets. SE/Liu asked the Commissioners for their feedback
with respect to inclusion of the meeting rules in meeting
packets for the Traffic and Transportation Commission.
In response to SE/Liu, VC/Istik stated he did not think it was
necessary to include the rules in every packet.
SE/Liu indicated a January 26, 1995 Diamond Bar Highlander
article was included in the Commission packet to advise the
Commissioners about the HOV lanes along the SR 57 and SR 60
which has significant positive impact to the City.
CE/Myers apologized for omitting the Orange County Transit
Authority (OCTA) item from the Agenda. It was his
understanding that the Commission supports the City's policy
of intermodal transportation and service and, with that in
mind, staff has moved ahead to authorize OCTA to place two bus
stops at Pathfinder Road and the SR 57.
C/Gravdahl asked if the City has subsidized fares to Orange
County. SE/Liu responded that the subsidy program is for
Proposition A which is a Los Angeles County 1 1/2% sales tax.
Responding to Chair/Ortiz, CE/Myers indicated a Tow -Away
posting might be a possibility. As of this time, the posting
is "No Stopping 6:00 a.m. to 8:00 a.m., and 4:00 p.m. to 6:00
p.m. 11
CE/Myers commented that the City Council is currently
February 9, 1995 Page 10 T&T Commission
considering the Circulation Element which should be approved
Monday, February 13, 1995.
VC/Istik requested a copy of the revised Circulation Element.
Responding to Chair/Ortiz, SE/Liu stated that the restriping
for Diamond Bar Boulevard will include an 11 foot bike lane in
front of the Evangelical Free Church of Diamond Bar so that
the Church will have the parking that they requested.
SE/Liu thanked Commissioner Esposito for her service and for
her work with staff.
XI. ADJOURNMENT
Chairman Ortiz declared the meeting to adjourned at 9:o9 p.m.
Attest:
/s/ Tom Ortiz
Tom Ortiz
Chairman
Respectfully,
/GI T)aviri
David G. Liu
Secretary
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
HERITAGE COMMUNITY CENTER
FEBRUARY 23, 1995
CALL TO ORDER
Chairman Goldenberg called the meeting to order at 7:10 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,
Medina and Finnerty.
Staff: Community Services Director Bob Rose
Recreation Supervisor Marla Pearlman
With consensus of the Commission, Information Items, Items #7, #9 (a) & (b), and New
Business, Item #6 were presented.
7. 6th Anniversary Celebration - CSD/Rose reported that the Anniversary
Celebration is scheduled for Sunday, April 30, 1995 at Peterson Park, 1:00 -
5:00 p.m. He also reported that the City of Diamond Bar is contracting with
the City of Brea to help with the activities for this day. CSD/Rose stated that the
City's goal was to schedule this event around other events in the City and to
make it a fun and inexpensive family day.
RS/Pearlman reported that an updated flyer will be handed out through the
schools both in Walnut and Pomona U.S.D., and store fronts. She also advised
that the theme of this event is "The Magic of Diamond Bar" and that there will
be magicians performing for both children and adults. She also reviewed
other events planned for the day.
C/Medina advised that Green Bay Bakery will be donating 4 cakes for this
event.
CSD/Rose stated that the budget costs listed on the handouts are a combination
of the costs that were expended last year and what are projected to be spent
this year. He also advised that C/Medina will be working on getting
entertainment from the Community for this event. CSD/Rose advised that this
FEBRUARY 23, 1995 Page 2
event could be extended an hour or so in order to provide additional activities
during the day.
RS/Pearlman also advised that the local schools are being contacted to provide
booths for fund raisers.
CSD/Rose advised that the Diamond Bar Improvement Association has
consented to co-sponsor this event with a $600.00 donation and will be
operating a sole proprietorship beverage booth.
C/Medina stated that there will be different community organizations involved
in this event and that the Filipino American Association has confirmed that they
will provide entertainment which icludes their heritage dances.
VC/Ruzicka asked if the Chamber or any other organizations, i.e., Rotary Club
will be involved with this event.
CSD/Rose advised that this event does not require additional co-sponsors but
that participation by local organizations will definitely be sought.
C/Tye asked if this event will take up the entire park.
RS/Pearlman advised that the softball game will be where the Emergency
Preparedness Expo was located last year, and the remainder of the park will be
utilized as last year.
CH/Goldenberg asked what the expenditures for the softball event will
purchase and asked if the $344.00 was a part of the Brea contract.
CSD/Rose answered yes, the $344.00 is a part of the Brea proposal, and it will
pay for officials, field preparation, awards and softballs.
9. Recreational Program Up -date
a. Contract Classes
RS/Pearlman advised that the Winter Session of the Contract Class
Program is underway and will continue through the end of March. She
also advised that flyers for the Contract Classes will be going out to the
schools with a cover letter to the school principals asking for their
FEBRUARY 23, 1995 Page 3
support of its distribution. She stated that Contract Classes have reached
78% of their revenue goals with 75% of the contract year completed.
b. Athletics
Youth Basketball has moved temporarily, due to the resurfacing of the
basketball courts at Maple Hill, to.Ronald Reagan for games and to
Heritage Park for practices.
City Wide Track Meet is in the process of being planned. RS/Pearlman
advised that she has spoken to "Key Club" members at Diamond Bar
High School and that they will be volunteering to help run the track
meet.
6. Rollerblade Hockey - CH/Goldenberg advised that the Commission received
a petition with approximately 366 names to request a rollerblade hockey
program.
Kevin House and Jason House, 2536 Harmony Hill Drive, stated that their
family has been involved in the Diamond Bar recreation programs. Kevin
House stated that there are a lot of kids involved in rollerblade hockey and
they are playing in the streets because there are no rinks available except for
Skate Express, Chino. He also advised that Skate Express is very expressive and
the times are not convenient. He stated that he would like to see the City put
together a roller blade hockey program.
CSD/Rose advised that in the Spring brochure, a rollerblade hockey program
will be offered in conjunction with Skate Express.
VC/Ruzicka asked Mr. House what kind of program, and facilities the City of
Covina provides.
Kevin House advised that a basketball court was fenced off for the rink and
marked appropriately for roller hockey on a concrete slab. He also stated that
Chapparel is starting a roller blade hockey program for the students.
CH/Goldenberg asked who started the Petition.
Kevin House advised that his son, Jason House wrote the letter and received
the signatures for the rollerblade hockey petition.
FEBRUARY 23, 1995 Page 4
CSD/Rose offered his congratulations to Jason House on his presentation to the
City Council. He also presented his staff report including that the City Council
directed staff to put together a rollerblade hockey program for the Summer
program. He stated that in the Commissioners' packets there is information on
the YMCA rollerblade hockey program that will begin in March. The Walnut
Valley Unified School District has approved the use of Chaparral Middle
School for the YMCA for this league. CSD/Rose presented a picture of a
portable rollerblade hockey rink constructed out of foam material.
CH/Goldenberg asked if he was correct in calculating the total cost of getting
involved in this sport at about $200.00 per player not including skates.
C/Tye asked Jason House how many games are played at Skate Express and the -
cost at Skate Express.
Jason House advised that it costs 165.00 per player to play at Skate Express, not
including safety equipment, with 9 games and 9 practices.
CH/Goldenberg asked if the roller blade hockey flyer had been distributed by
the YMCA.
CSD/Rose advised that the flyer was distributed last week. The program
requires that each participate become a YMCA member with the participants
providingtheir own equipment. He also advised that 25 people have already
signed up for the first Spring Season. CSD/Rose stated that if the City wants to
get involved with the Summer program, he advised that the City has the option
of working with the YMCA or developing their own program and adding it to
the mid year budget adjustment. This would fund the start-up costs which will
include the capital and staff expenses necessary to get the roller blade hockey
summer program stated.
VC/Ruzicka asked the status of the mini -park at the end of Sunset Crossing.
CSD/Rose advised that this mini -park is still being considered.
C/Finnerty asked how many kids on a team and how many play at once.
Jason House advised that there are a maximum of 12 children per team and
that 5-6 play at one time per team.
FEBRUARY 23, 1995 Page 5
CSD/Rose advised that for a program of 500 players, the teams will be set up
with 10 players per team, 6 players per team on the court at a time. He also
stated that to get a court ready for playing, it will cost $5,280.00 per court for
foam side boards. CSD/Rose advised that the cost would be $70.00 per player
with $500.00 being recouped for capital expenses each season. It would take
about 13 seasons or 4-5 years to recoup the capital expenses. He stated that
the rollerblade hockey market is untested in Diamond Bar and there is no way
of knowing what the demand for this program will be.
CH/Goldenberg asked what the benefits would be if Brea ran this program.
CSD/Rose advised that the fee with Brea is expected to be comparable to the
YMCA fee. He stated that the benefit of Brea running it would be that there,
would be no membership fee and that they have a good reputation from
running the Diamond Bar recreation program.
Kevin House commented that he would like to see Brea run this program. He
has had nothing but good experiences with Brea running the Diamond Bar
recreational programs.
CH/Goldenberg asked if this program should be available to nonresidents.
CSD/Rose advised that traditionally the City does registration with priority for
residents up to a certain date and after that date, non-residents can sign up in
order to fill rosters to make the program cost effective.
CH/Goldenberg stated that he would like to see a proposal sent to the Council
that would suggest that a roller rink be placed in Pantera Park in addition to
one at Chapparel.
C/Tye asked Jason House where he collected the signatures and whether those
kids currently play rollerblade hockey.
Jason House advised that the signatures were collected at Evergreen and
Chapparel and that they represent players and non players.
At this time, RS/Pearlman was excused from the meeting.
1. CH/Goldenberg introduced Annette Finnerty as the new Parks and Recreation
Commissioner and asked Annette Finnerty to talk about her past history with
FEBRUARY 23, 1995 Page 6
respect to parks and recreation.
C/Finnerty stated that she was heavily involved with soccer and coaching. She
stated that she was on the AYSO Board and served as their Regional
Commissioner for two years. She commented on her strong commitment to
children and that she believes children need a safe place to play and grow.
MATTERS FROM THE AUDIENCE:
Bruce Flamenbaum commented that the City of Diamond Bar is charging a fee to Boy
Scout troop 737 for using Heritage Park Community Center. He advised that he spoke
with Mr. Rose to change the policy for the charge of the facilities. He expressed his
concern that either everyone be charged the same or not charged. He also advised -
that the YMCA and AQMD do not charge the Boy Scouts for the use of their rooms.
He asked the Commission to change their policy so that groups like the Boy Scouts
could use Heritage Park for free, with perhaps some limitations on the amount of use
available.
CSD/Rose advised that the legal question raised by the Commission as to whether it
would be legal to have tiered -rates, ie: charge the adults but not the youth. He stated
that question has been held up until the new city attorney starts his position. He
commented that the current policy allows free use of the facility for all non-profit
organizations during regularly scheduled staff hours, however if the scheduled use is
outside regularly scheduled hours, the related staff costs, which come from the
General Fund, would be recouped by charging the user of the facility.
VC/Ruzicka commented that he is in favor of not charging the non-profit organizations
for the use of the community buildings. He also commented that the City Council
appears to be behind an effort to allow more free use of the facilities than the current
policy allows.
CSD/Rose advised that staff will bring this issue back to the Commission after the new
City Attorney has the opportunity to review the proposed policy changes. CSD/Rose
also commented that the Sycamore Canyon park facility is available for "free" for non-
profit organizations because there are no staff costs involved in its use.
CH/Goldenberg commented that the whole issue is not the dollars involved, but that
the Commission is establishing policies that will allow staff to smoothly operate the
facilities without having to make exceptions to the rules. CH/Goldenberg asked that
this item be placed on the Agenda for the Commission's review.
FEBRUARY 23, 1995 Page 7
Bruce Flamenbaum explained that the reason the $30.00 was given back was because
the Parks & Recreation Department staff had advised him that use of Heritage Park
Community Center would be free and when the event came up, he was advised that
$30.00 was needed to rent the facility. He advised that he did not go to the City
Council but rather to Bob Rose to discuss the policy and the changes he believed were
needed.
C/Tye advised that he would like to see the policy charge everyone the same fees.
C/Medina moved to discuss this issue at the next Parks & Recreation Commission
meeting.
CSD/Rose advised that since this is not an agendized item, it must be carried forward -
to a future meeting He also advised that the policy itself is very flexible and clear in
that if it is determined that the building is under normal operating hours, any non-
profit community based group can have free use of the facility without -paying the staff
costs. He stated that staff will research the possibility of budgeting for nights to be
considered normal operating hours for non-profit groups use. CSD/Rose also advised
that it would cost the City $850.00 to keep one night per week open as normal
operating hours for the remainder of the fiscal year.
With consensus of the Commission, staff was requested to place this issue on the
agenda for the next Parks & Recreation meeting, March 23, 1995.
CONSENT CALENDAR
2. Minutes of January 26, 1995.
VGRuzicka moved to approve the minutes, seconded by C/Medina and carried
3-0. Commissioner Tye was temporarily absent and Commissioner Finnerty
abstained.
3. Correspondence received by staff and transmitted to the Parks and Recreation
Commission.
3.1 Letter from Diamond Point 1 regarding use of Swim and Racquet Club -
CSD/Rose advised that the letter received was a follow-up to a phone
call made where the homeowners association is exploring options for
the use of their facility. He advised that this facility can be used for
contract classes and other program needs. He also advised that he will
FEBRUARY 23, 1995 Page 8
be touring the facility in the near future.
OLD BUSINESS
4. Parks and Recreation Commission Priorities for the 1995/96 Fiscal Year
(Includes Review and Adjustment of the Priorities Matrix) - CH/Goldenberg
stated that Commissioner Tye and himself worked on this ad hoc committee in
order to develop a prioritized list of projects and programs to recommend to
the City Council for funding for the 1995/96 fiscal year.
CSD/Rose stated that the budget process will include consideration of funding
the priorities that the Commission presents. He advised that the priority list is
divided into three lists: 1) short term (includes items that should be completed -
during the 1995/96 year; 2) long term (includes items where a commitment for
funding is required during the coming fiscal year but may take more than a
fiscal year to complete); and 3) developmental (project that aren't ready for
funding, but may require some research funding). CSD/Rose asked the
Commission to review the list and provide feedback on the priorities.
With consensus of the Commission, it was requested that staff forward the
budget priority list to the City Council.
VC/Ruzicka commented that he spoke with and emphasized to Mayor Papen
that the City Council give the Commission all it's help and influence to the
school boards, both Pomona and Walnut Valley, to help the Commission arrive
at agreements whereby the public gets more use of the school facilities. He
also stated that the Mayor suggested that rather than seeking to acquire Site D,
that the Commission might want to change the wording to "acquiring 20 acres
of land for park use"
CH/Goldenberg disbanded the Ad Hoc committee due to the completion of its
assigned task.
5. R.F.P. For Recreation Service - CH/Goldenberg advised that an Ad Hoc
committee needs to be created in order to work with staff on the proposed
contract agreement for Recreation Services between the City of Brea and the
City of Diamond Bar.
VC/Ruzicka volunteered to serve on the Recreation Contract Ad Hoc
Committee, along with C/Finnerty, who also volunteered.
FEBRUARY 23, 1995 Page 9
INFORMATION ITEMS (continued)
8. Pantera Park C.U.P. Process - Status Report
CSD/Rose advised that the Pantera Park Conceptual Plan went before the
Planning Commission for a Conditional Use Permit to build the park. He
advised that the C.U.P. is a standard requirement for a park development in
Los Angeles County. He also advised and reported on the 10 issues that need
to be resolved to the Planning Commission's satisfaction: 1) pedestrian entry
on Bow Creek; 2) grading balanced on-site; 3) single entry into the parking lot;
4) additional information regarding athletic facility lighting; 5) conclusion of the
traffic evaluation; 6) investigation on possible shared use of planned elementary
school; 7) concerned that there are too many facilities planned for this site; BY
concerned about the number of participants that may attempt to occupy the
park at one time; 9) cost benefit analysis of the water element; and 10)
biological issues on the site. CSD/Rose advised that staff has spent a
considerable amount of time and money to address these issues and reviewed
the reports already submitted. He advised that once the Planning Commission
issues the C.U.P. in March, the City will move forward in developing
construction drawings. After City Council approval of construction drawings
and the selection of a contractor the park can be built beginning in
August/September 1995. The park should be completed by the Spring/Summer
of 1996.
CH/Goldenbergasked if there would be a lot of disappointed seniors because
of the decision to remove the Community Center building for consideration on
this site.
CSD/Rose advised that he met with the Board of Directors of the Diamond Bar
Seniors and they're aware that whether there is a community center on the
conceptual plan or not, there is no money to build a community center at
Pantera Park at this time. He also advised that without the community center,
the park is will cost $2.3-2.5 million, not including the water element.
Bruce Flamenbaum asked how important the water element is for the park.
C/Tye advised that to a few people at the committee meetings, the water
element was very important.
C/Finnerty asked what the water element consisted of.
FEBRUARY 23, 1995 Page 10
Bruce Flamenbaum advised that it is basically a small area with maybe a
fountain and ducks.
ANNOUNCEMENTS
C/Medina announced that "Safe Community Week" will be celebrated the week of March
25, 1995. He also stated that the Walnut Sheriff Anti -gang Conference is scheduled for
March 7, 1995 and the United Way Conference for Youth Federation is scheduled for May
3, 1995.
C/Tye welcomed Ms. Finnerty to the Parks & Recreation Commission.
CH/Goldenberg asked Mr. Rose to provide an update on Larkstone Park at the next
Commission meeting.
ADJOURNMENT
At 9:50 p.m., it was moved by CJTye, seconded by CJMedina and carried unanimously to
adjourn the meeting.
Respectfully submitted,
Bob Rose
Secretary
Attest:
Mike Goldenberg
Chairman
City of Diamond Bar
I N T E R O F F I C E M E M O R A N D U M
TO: Mayor Papen and Mayor Pro Tem Werner
FROM: Linda G. Magnuson, Accounting Manager
SUBJECT: Voucher Register, April 4, 1995
DATE: March 29, 1995
Attached is the Voucher Register dated April 4, 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 April 4, 1995 have been
reviewed, approved, and recommended for payment. Payments are
hereby allowed from the following_ funds in these amounts:
FUND NO. FUND DESCRIPTION
001
General Fund
115
Integrated Waste Mgt Fund
118
Air Quality Improvement Fund
125
Com Development Block Grant Fund
138
LLAD #38 Fund
139
LLAD #39 Fund
141
LLAD #41 Fund
250
CIP Fund
TOTAL ALL FUNDS
APPROVED BY:
14416 O- N 7S-,'��
Linda G. Mag son
Accounting Manager
4,0ZIC'et
'=�e' 4�� -
Terrence L. Belange
City Manager
$465,990.66
328.94
339.41
2,220.43
1,246.66
2,598.03
3,946.85
960.35
$477,631.33
17
Phyllis E. Papen
Mayor
*** City of 0 i a a o n d Bar *#e
RUN TIME: 08:2203/30/95 VOUCHER REGISTER
DUE THRU.............04/04/95
PAGE I
VENDOR NAME VENDOR ID. * * PREPAID * *
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
---------------------------------------------------------------------------------------------------------------------------
AT&T
*001-4090-2125
AT&T
*118-4098-2125
Accurate Landscape
*001-4311-5300
*001-4313-5300
*001-4316-5300
*001-4319-5300
*001-4322-5300
*001-4325-5300
*001-4328-5300
*001-4331-5300
Accurate Landscape
*139-4539-2210
*001-4313-2210
Accurate Landscape
*141-4541-2210
*138-4538-2210
*139-4539-2210
*141-4541-2210
AT&T
1 50404A
AT&T
1 50404A
Accurate
2 50404A 06/20938
2 50404A 02/2093B
2 50404A 04/20938
2 50404A 01/2093B
2 50404A 03/2093B
2 50404A 05/20938
2 50404A 07/20938
2 50404A 08/2093B
Accurate
2 50404A 01/2206C
2 50404A 02/22078
Accurate
2 50404A 03/2640
2 50404A 01/2640
4 50404A 02/2640
4 50404A 03/2640
All City Managesent All City
*001-4411-5531 2 50404A 01/2080A
Aramark Corporation AraearkCor
*001-4090-2325 3 50404A
03/29 04/04
03/29 04/04
03/29 04/04
36842
03/29 04/04
36842
03/29 04/04
36842
03/29 04/04
36842
03/29 04/04
36842
03/29 04/04
36842
03/29 04/04
36842
03/29 04/04
36842
03/29 04/04 36627
03/29 04/04 36628
03/29 04/04 36634
03/29 04/04 36653
03/29 04/04 36654
03/29 04/04 36741
03/29 04/04 000146
03/29 04/04
Feb -Long Dist Phne Svcs
TOTAL DUE VENDOR --------
COL Internet Connection
TOTAL DUE VENDOR --------
March Maint-Paul Grow
March Maint-Heritage Prk
March Maint-Maple Hill
March Maint-Peterson Prk
March Maint-Ran Reagan
March Maint-Starshine
March Maint-Smtrdge Prk
March Maint-Sycaoore Cyn
TOTAL DUE VENDOR ----
Add'1 Maint-Dist#39-Feb
Addl Maint-Hrtge Prk-Feb
TOTAL DUE VENDOR--------
Feb-Gopher Clean Out -#41
Feb Gopher Clean Out -#38
Feb -Gopher Clean Out -#39
March Rodent Control -#41
TOTAL DUE VENDOR --------)
Crssing6rdSrvcs-2/19-3/4
TOTAL DUE VENDOR --------)
Rpl Ck#22124-Oct4CrnrsMtg
TOTAL DUE VENDOR --------
19.61
19.61
15.68
15.68
1,100.00
750.00
900.00
1,200.00
1,000.00
500.00
1,500.00
1,600.00
8,550.00
58.14
15.04
73.18
315.00
115.00
315.00
295.00
1,040.00
2,_`65.03
2,565.03
211.09
211.09
*** Citof Diamond Bar ***
RIAs TIME: 0822 y 03/30/95 V O U C H E R R E G I S T E R PAGE 2
DUE THRU.............04/04/95
VENDOR NAME VENDOR ID. PREPAID
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
--------------------------------------------------------------------------------------------------------------------
Aramark Refreshment
Aramark
*001-4090-2130
1 50404A
03/29 04/04
341618
Repl Ck22124-Dec Eq Lease
29.00
*001-4090-2325
5 50404A 01/2309A
03/29 04/04
350628
Gen Mtg Supplies
67.20
TOTAL DUE VENDOR --------)
96.20
Awards By Cathey
AwardsByCa
*001-4350-1200
2 50404A 01/2674
03/29 04/04
20016
Track & Field Ribbons
153.65
TOTAL DUE VENDOR --------)
153.65
B.Chamberlain Consulting
BChamber
*001-4090-2210
2 50404E 01/2780
03/29 04/04
9503007
Install-CableDrops
461.14
TOTAL DUE VENDOR --------)
461.14
Bill's Lock & Safe
BiIlsLock
*001-4310-1200
1 50404E 04/2055A
03/29 04/04
66561
Lock Repair/K.eys-SycCyn
35.67
TOTAL DUE VENDOR --------)
35.67
Boys Club/San Gabriel
Vly BoysClub
*001-4558-5520
2 50404B 01/2036
03/29 04/04
1283
Feb -Graffiti Removal
455.00
TOTAL DUE VENDOR --------)
455.00
Brandman Assoc., Michael Brandman
*001-2300-1010
6 50404C
03/29 04/04
1194-0'354
Svcs-8/84-11/94FPL93-10
1,058.55
TOTAL DUE VENDOR --------)
1,058.55
Brandman Assoc., Michael Brandman
*001-2300-1010
4 50404C
03/29 04/04
1194-0393
Svcs-11/94-12/94-FPL94-25
6,745.44
TOTAL DUE VENDOR --------)
6,745.44
California Contract
CCCA
*001-4010-2330
1 50404B
03/29 04/04
Seminar-5/18-21-CCouncl
1,180.00
TOTAL DIA: VENDOR --------)
1,180.00
Casa Obrien's
*001-4090-2325
CasaObrien
2 50404A 01/2726
03/29 04/04
Shrf'sQtrlyBrkfst-3/21
496.81 04/04/95 0000025814
TOTAL PREPAID AMOUNT ----)
496.81
TOTAL. DUE VENDOR --------)
0.00
*** Citof Diamond bar *�*
RUN TIME: 08:22 03/30/95 V O y U C H E R R E G I S T E R PAGE 3
DUE THRU.............04/04/95
VENDOR NAME VENDOR ID. { PREPAID
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCtIPTION AMOUNT DATE CHECK
-----------------------------------------------------------------------------------------------------
Chavers, J. Todd ChaversJT
*001-4553-4100 1 50404E
Chino Valley Building ChnoVlyBld
*001-4440-1200 2 50404B 01/2745
City Clerks Assoc of Ca. CCAC
*001-4040-2330 1 50404B
Clerk of the Dist. Court C1kDistCrt
*001-2110-1009 1 50404B
Community Development COMI&Ipmt
*125-4215-2325 1 504048
Community Industries CommIndust
*001-4558-5521 2 50404B 02/2060
Computer Support Corp CompSupp
*001-4090-6235 2 W404B 01/2716
Cotton/Beland Assoc CotBelAsso
*001-4210-4220 2 50404B 01/2267
Crista Pacific Inc CristaPac
*001-4090-1200 2 504048 01/2781
D&J Engineering D&JEngine
#001-2300-1010 1 504048
*001-2300-1010 2 50404E
03/29 04/04
Trffc&Trns Mtg-3/9/95
40.00
TOTAL DUE VENDOR --------)
40.00
03/29 04/04 1.851
Emer Prep Supplies -Sand
279.00
TOTAL DUE VENDOR --------)
279.00
03/29 04/04
CCIk Conf-4/26-28-Burgess
225.00
TOTAL DUE VENDOR --------)
225.00
03/29 04/04
MithholdOrder-92DP351
92.32
TOTAL DUE VENDOR --------)
92.32
03/29 04/04
CDBGAwrds4/12Frtzl/DeStef
54.00
TOTAL DUE VENDOR --------)
54.00
03/29 04/04
Feb -Litter Abate Svcs
839.44
TOTAL DUE VENDOR --------)
839.44
03/29 04/04 146985
CompSftw4Jpgrds-ArtsLettr
339.80
TOTAL DUE VENDOR --------)
339.80
03/29 04/04 3726
ProfSvcs-GenPlan-2/20-3/5
2,191.75
TOTAL DUE VENDOR --------)
2,191.75
03/:'9 04/04 9500372
940MB 5.25 Optical Disks
227.33
TOTAL DUE VENDOR --------)
227.33
03/29 04/04 95S-002
Plan Chk Svcs -FPL 95-005
67.50
03/29 04/04 95S-002
Plan Chk Svcs -FPL 95-007
112.50
TOTAL DUE VENDOR -------->
180.00
* * * City of Diamond Bar
RUN TIME: 08:22 03/'0/95 V O U C H E R R E G I S T E R
DUE THRU.............04/04/95
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/ND. ENTRY/DUE INVOICE DESCRIPTION
---------------------------------------------------------------------------------------------------
D&J Engineering D&JEngine
*001-4220-5201 2 50404D 01/2005
D. B. Chamber of Commerce DBChaeber
*101-4010-2325 2 50404A
#001-4030-2325 1 50404A
Diamond Bar Business Asoc DBBusAssoc
*001-4090-2140 2 50404B 01/1952B
*001-4090-2210 4 50404B 02/1952B
Diamond Bar Friends of DBFLibrary
*001-4010-2325 1 50404A
Diamond Bar/Walnut YMCA DBWalYMCA
*125-4215-2355 4 50404E 01/1954
Eastman Inc.
*001-4350-1200
*001-4350-1200
*001-4510-1200
Eastman
4 50404B 80/2088
3 50404B 79/2088
1 50404B 81/2088
Engineering -Environmental EngEnvGeol
*001-2300-1012 1 504046
F&A Federal Credit Union F&ACreditU
*OOI-2110-1012 1 50404A
PAGE 4
* * PREPAID * *
AMIOLMIT DATE CHECK
--------------------------
03/29 04/04 95R-002
P1nChk/B1dgSvcs-2/17-3/17
14,515.19
5.76-
TOTAL DUE VENDOR -------->
14,515.19
03/29 04/04
95-AwardsDinner4/1-CC
140.00 04/04/95 0000025813
03/29 04/04
95-AwardsDinner4/1-CMlgr
35.00 04/04/95 0400025813
TOTAL PREPAID AMOUNT ---->
175.00
98.48
TOTAL DUE VENDOR -------->
0.00
03/29 04/04
April Rent -Suite 190
5,707.80
03/29 04/04
CAM Charges-APril Ste 190
693.00
03/29 04/04
TOTAL DUE VENDOR --------1
6,400.80
03/29 04/04
4/2FndrsrPap/Wrnr/Ans/Har
80.00 04/04/95 0900025809
TOTAL PREPAID AMOUNT ----
TOTAL PREPAID AMOUNT ---->
80.00
TOTAL DUE VENDOR --------f
0.00
03/29 04/04 CDBG-Chldcre Asstnce-Feb 2,054.00
TOTAL DUE VENDOR --------1 2,054.00
03/29 04/04
013890137
Supplies -Co Wvcs-CrMeeo
5.76-
03/29 04/04
013390138
Supp lies-ComoSvcs-CrMew
3.85-
03/29 04/04
014033549
Supplies-Engr
108.09
TOTAL U VENDOR --------1
98.48
03/29 04/04
G50221A-172
GeoTechRvw-EN 95-063
130.00
TOTAL DUE VENDOR -------->
130.00
03/29 04/04
MCredltUnionDeductlons
2,204.95 04/04/95 0000025811
TOTAL PREPAID AMOUNT ----
2,204.95
TOTAL DUE VENDOR -------->
0.00
#��
City of Diamond Bar #�+
RUN TINE: 08:22 03/30/95
V 0 U C H E R R E G
I S T E R
PAGE 5
DUE THRU.............04/04/95
VENDOR NAME
VENDOR ID.
* * PREPAID
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/DUE INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Federal Reserve Bank
FedReserve
*001-2110-1009
4 50404B
03/29 04/04
PP5/6 Deductions-SvgsBond
50.00
TOTAL DUE VENDOR --------)
50.00
Firestone Stores
Firestone
0)1-4090-7200
4 504048 01/2739
03/29 04/04 46-4970520
Air Filter -Oldsmobile
14.06
*001-4090-2200
2 504048 01/2720
03/29 04/04 46-4972373
Battery -Ford Tempo
60.62
TOTAL DUE VENDOR --------)
74.68
Forbing, Diane
ForbingD
+401-2300-1002
1 50404B
03/29 04/04
Refund-KeyDeposit-SycCyn
100.00
TOTAL DUE VENDOR --------)
100.00
Franchise Tax Board
FranchiseT
*001-2110-1009
2 50404B
03/29 04/04
WithholdOrder-351369088
109.96
TOTAL DUE VENDOR --------)
109.96
Franchise Tax Board
FranchiseT
*001-2110-1009
3 50404B
03/29 04/04
WithholdOrder-321408690
50.00
TOTAL DUE VENDOR --------)
50.00
Fritzal, Kellee
FritzalK
*001-4030-2330
1 50404C
03/29 04/04
Reimb-CMgrConf 2/22-24
109.50
TOTAL DUE VENDOR --------)
109.50
Furusawa, Etsuko
1516
*001-3478
1 50404B
03/29 04/04 13685
Recreation Refund
51.00
TOTAL DUE VENDOR --------)
51.00
GFOA
GFOA
*001-4050-2315
1 504048
03/29 04/04
95 Membership Renewal
450.00
TOTAL DUE VENDOR --------)
450.00
GSC Sports
GSC/PASS
*001-4316-2210
2 50404B 01/2699
03/29 04/04 6874629
BsktblGoalRplcmt-MapleHil
141.91
TOTAL DUE VENDOR --------)
141.91
**+�
Citof Diaaond
y
Bar �*�
RUN TIME: 08:22 03/30/95
V O U C H E R R E G
I S T E R
PAGE 6
DUE THRU.............04/04/95
VENDOR NAME
VENDOR ID.
} # PREPAID # +�
ACCOUNT PROJ.TX-NG
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/NO.
ENTRY/DUE INVOICE
DESCRIPTION
AMOUNT DATE CHECK
GTE
GTEL
*001-4090-2125
2 50404B
03/29 04/04
RelocationPhnUnits-190
57.50
TOTAL DUE VENDOR --------)
57.50
GTE California
GTE
*001-4331-2125
1 504048
03/29 04/04
Phne Svcs-Syc Cyn Prk
71.85
TOTAL DUE VENDOR -------->
71.85
GTE California
GTE
#001-4090-2125
3 504048
03/29 04/04
Feb -Gen Phone Svcs
2,594.79
TOTAL DUE VENDOR --------)
2,594.79
GTE California
GTE
*001-4331-2125
2 504048
03/29 04/04
PhneSvcs-SycCyn-2/28-3/28
102.05
TOTAL DUE VENDOR --------)
102.05
GTE California
GTE
*001-4440-2125
1 504048
03/29 04/04
PhneSvcs-EmrPrep 3/1-4/1
58.71
TOTAL DUE VENDOR --------)
58.71
GTE California
GTE
#001-4040-2125
1 50404B
03/29 04/04
Modus Svcs -3/4-4/4
25.87
TOTAL DUE VENDOR --------)
25.87
GTE California
GTE
*118-4098-2125
2 50404B
03/29 04/04
Phne Svcs-CityOnLine
198.73
TOTAL DUE VENDOR -------->
198.73
GTE California
GTE
*001-4313-2125
1 50404B
03/29 04/04
Phne Svcs-HrtgPrk-March
54.44
TOTAL DUE VENDOR --------)
54.44
GTE California
GTE
*WI -4331-2125
3 50404E
03/29 04/04
Phne Svcs-SycCynPrk-March
54.44
TOTAL DUE VENDOR --------)
54.44
GTE California
GTE
*001-4090-2125
4 50404B
03/29 04/04
Phne Svcs-Bldg&Sfty
316.46
TOTAL DUE VENDOR --------)
316.46
City of Diamond Bar*
RUN TIME: 08:22 03/30/95 VOUCHER REGISTER
DUE THRU.............04/04/95
VENDOR NAME VENDOR ID.
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION
-----------------------------------------------------------------------------------------------
Geiger, Donna
*001-4040-4000
Gonzales, Eugenia
*001-3225
GeigerD
2 50404B 01/2264
GonzalesE
1 50404B
Graffiti Control Systems GrafitiCon
*001-4558-5520 4 50404B 01/2095
Graphic Design Services Graphic
*001-4095-2110 2 504048 01/2230
Hall & Foreman
*001-4551-5223
*001-2300-1012
*001-4551-5223
Hall&Forem
2 50404C 01/2411
2 50404C
4 50404C 01/2662
Hertz/Penske Truck Rental HertzPensk
*125-4215-2355 2 50404A 01/2777
Hi -Nay Safety Rentals Inc HiWaySafe
*001-4440-2130 4 50404C 01/2746
*001-4440-2130 6 50404C 01/2565
*001-4440-2130 2 50404C 01/2746
HighPoint Graphics HighPoint
*001-4095-2110 3 50404C 08/2231
Home Depot HomeDepot
*001-4310-1200 3 50404C 01/2731
PAGE 7
* +� PREPAID
AMOUNT DATE CHECK
------------------------------
03/29 04/04
09a-95013
MntSecrtry-CCncl 3/6
189.00
TOTAL DUNE VENDOR --------)
189.00
03/29 04/04
Refund -Impound Fees
60.00
TOTAL DUE VENDOR --------)
60.00
03/29 04/04
DB0295
Feb -Graffiti Removal
330.00
TOTAL DUE VENDOR --------)
330.00
03/29 04/04
8542
ReCreateCty-Logo-Statnary
671.28
TOTAL DUE VENDOR --------)
671.28
03/29 04/04
029337
Pln Chck Svcs-IndianCreek
150.00
03/29 04/04
029338
PlnChckSvcs-EN 95-073
415.00
03/29 04/04
029339
PlnChckSvcs-IndianCreek
780.00
TOTAL DUE VENDOR --------)
1,345.00
03/29 04/04
TrkRent-SeniorFoodDrive
112.43 04/04/95 0000025810
TOTAL PREPAID AMOUNT ----)
112.43
TOTAL DUE VENDOR --------)
0.00
03/29 04/04
69067
Rental-Barricades/Codes
674.80
03/29 04/04
69067
REntal-Barricades/Cones
424.00
03/29 04/04
69209
Rental-Barricades/Cones
1,325.20
TOTAL DIE VENDOR --------)
2,424.00
03/29 04/04
46053
PreFressSvcs-SprgNwsltr
968.84
TOTAL DUE VENDOR --------)
968.84
03/29 04/04
6183427
Prk Supplies-Makita Drill
101.00
TOTAL DUE VENDOR -------->
101.00
�*# Citof Diamond Bar +*�
RUN TIME: 08:22 03/30/95 V O y U C H E R R E G I S T E R PAGE 8
DUE THRU.............04104/95
VENDOR NAME VENDOR ID. * PREPAID
ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
------------------------------------------------------------------------------------------
Hung, Helen 1513
*001-3478 2 50404C
Hyatt Regency Suites HyattSuite
*001-4030-2330 3 50404C
ICMA Retirement Trust -457 ICMA
*001-2110-1007
1 50404C
*001-4030-0090
1 50404C
*001-4040-0090
1 504040
*001-4050-0090
1 50404C
*001-4090-0080
1 50404C
*001-4210-0090
1 50404C
*001-4310-0090
1 504040
*001-4350-0090
1 50404C
*001-4510-0090
1 50404C
*115-4099-0090
1 50404C
}118-4099-0090
1 50404C
*138-4538-0090
1 50404C
Imperial, Karen 1510
*001-3478 4 50404C
Inland Valley Dly Bulletn IVDB
*250-4310-6415 06595 2 50404C
Istik, Jack IstikJ
*001-4553-4100 2 50404E
Izquierdo, Francesca 1508
*001-3478 3 50404C
03/29 04/04 13364
Recreation Refund
32.00
TOTAL DUE VENDOR --------)
32.00
03/29 04/04
CCCA Conf 5/18-21-CMgr
382.26
TOTAL DUE VENDOR --------)
382.26
03/29 04/04
PP5/6 Payroll Deductions
446.00
03/29 04/04
April Contrib-Cogr
1,159.19
03/29 04/04
April Contrib-CClk
476.88
03/29 04/04
April Contrib-finance
162.25
03/29 04/04
April Contrib-Belanger
400.00
03/29 04/04
April Contrib-Ping
590.60
03/29 04/04
April Contrib-Prk&Rec
253.34
03/29 04/04
April Contrib-ComSvcs
570.21
03/29 04/04
April Contrib-PubWks
1,011.40
03/29 04104
April Contrib-S1dWaste
328.94
03/29 04/04
April Contrib-AirBuality
125.00
03/29 04/04
April Contrib-Dist X38
67.14
TOTAL DUE VENDOR --------) 5,590.95
03/29 04/04 13801 Recreation Refund 32.00
TOTAL DUE VENDOR --------) 32.00
03/29 04/04 123073 Bids-MapleHillRetrofit 44.92
TOTAL DUE VENDOR --------) 44.92
03/29 04/04 Trfc k Trns Mtg 3/9 40.00
TOTAL DUE VENDOR --------) 40.00
03/29 04/04 13798 Recreation Refund 32.00
TOTAL DUE VENDOR --------) 32.00
ttt Citof Dianond Bar ***
RUN TIME' 08:22 03/30/95 V O y U C H E R R E G I S T E R PAGE 9
DILE THRU.............04/04/95
VENDOR NAME VENDOR ID. * * PREPAID
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
-------------------------------------------------------------------------------------------------------------------------------
Jade Mountain
JadeMount
*001-4440-6100
2 50404C 01/2556
03/29 04/04
6937
Weather Processor-EOC
941.75
TOTAL DUE VENDOR --------)
941.75
Jaguar Courier Services JaguarCour
*001-4090-2120
1 50404C
03/29 04/04
38229
CourierAgendatoCtyAttrny
28.20
TOTAL DUE VENDOR --------)
28.20
John Alden G.T.
JohnAlden
*001-4010-0090I
50404C
03/29 04/04
April Cafeteria -Miller
470.00
TOTAL DUE VENDOR --------)
470.00
Judicial Data Systers
JudDataSys
*401-4411-5405
1 504040
03/29 04/04
Feb-PrkgCitations
153.90
*001-4411-5405
2 50404C
03/29 04/04
Feb -Review Procesing
16.00
*001-4411-5405
3 50404C
03/29 04/04
Feb -Hearing Processing
18.00
TOTAL DUE VENDOR --------)
187.90
L.A. County -Sheriff's
Dep LACSheriff
*001-4411-5404
1 504040
03/29 04/04
32243
SpecEvent-CalvDW-Feb
5,358.51
TOTAL DUE VENDOR --------)
5,358.51
L.A. County -Sheriff's
Dep LACSheriff
*001-4411-5401
1 50404C
03/29 04/04
32316
Feb -Contract Svcs
308,814.79
TOTAL DUE VENDOR --------)
308,814.79
L.A.County Public Works LACPubWk
0)1-4510-5507
2 50404C 01/2211
03/29 04/04
95010000498
Feb-TrfcSignalMaint
2,151.13
TOTAL DUE VENDOR --------)
2,151.13
LA Cellular Telephone
LACellular
*001-4440-2125
5 50404C
03/29 04/04
EmerPrep-Cell Svcs
17.24
*001-4440-2125
2 50404C
03/29 04/04
20083986
EmerPrep-Cell Svcs
17.24
*001-4440-2125
3 50404C
03/29 04/04
20084075
EmerPrep-Cell Svcs
17.24
*001-4440-2125
4 50404C
03/29 04/04
20084620
EmerPrep-Cell Svcs
17.24
TOTAL DUE VENDOR --------)
68.96
LA County Registar
*250-4310-6415 06595
LACRecordr
1 50404A
03/29 04/04
Pantera-NtceofDeterminatn
25.00 04/04/95 0000425804
TOTAL PREPAID AMOUNT ----)
25.00
TOTAL DUE VENDOR --------)
0.00
*�* of Diamond Bar +��*
RUCity
N TIME: 08:22 03/30/95 V G U C H E R R E G I S T E R PAGE 10
DUE THRU.............04/04/95
VENDOR NAME VENDOR ID. # * PREPAID
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOWT DATE CHECK
------------------------------------------------------------------------------------------------------
Landscape West LandscapeW
*141-4541-5500 2 50404C 01/2643
Larry Anderson Retirement LarryAnder
*001-4030-2325 2 50404A
Legacy Travel & Tours LegacyTrav
*001-4350-5310 2 50404C 01/2740
Leighton and Associates Leighton
*001-2300-1012 4 50404C
*001-2300-1012 3 50404C
Leonard, Joyce Leonardd
*001-4553-4100 4 50404E
Lewis Engraving Inc. LewisEngra
*001-4095-1200 2 544040 01/2497
Lucchesi, Susan 1512
*001-3478 5 50404C
Mobil
Mobil
*001-4090-2200
6 50404C 01/2730
*001-4310-2310
12 50404C 01/2582
*001-4310-2310
10 50404C 01/2582
*001-4310-2310
2 504040 01/2582
*001-4310-2310
14 504040 01/2582
*001-4310-2310
16 50404C 01/2582
*001-4310-2310
4 50404C 01/2582
*001-4310-2310
6 50404C 01/2582
*001-4310-2310
8 50404C 01/2582
03/29 04/04
15235
Feb-Maint Dist 441
3,336.8-5
TOTAL DUE VENDOR --------)
3,336.85
03/29 04/04
Retiredinner 4/13-CMgr
32.00
TOTAL DUE VENDOR --------)
32.00
03/29 04/04
A0003
DepstHearstCstl/Morrowbay
300.00
TOTAL DUE VENDOR --------)
300.00
03/29 04/04
85058
GeoTechRvw-En 93-043
215.50
43/29 04/04
85059
CmTechRvw-En 94-060
51.50
TOTAL DUE VENDOR --------)
267.00
03/29 04/04
Trfc & Trns Mtg 3/9
40.00
TOTAL DUE VENDOR --------)
40.00
03/29 04/04
017973
Tile-MissDiamondBar 3/18
17.32
TOTAL DUE VENDOR --------)
17.32
03/29 04/04
13337
Recreation Refund
27.00
TOTAL DILE VENDOR --------)
27.00
03/29 04/04
4882
AirCondtnrRpr-Corsica
80.48
03/29 04/04
K5338034
Fuel-Prk&Rec
19.50
03/29 04/04
K5338056
Fuel-Prk&Rec
38•30
03/29 04/04
K5338616
Fuel-Prk&Rec
36.41
03/29 04/04
K6736424
Fuel-Prk&Rec
34.16
03/29 04/04
K6737161
Fuel-Prk&Rec
20.75
03/29 04/04
K6738174
Fuel-Prk&Rec
34.18
03/29 04/04
K6738421
Fuel-Prk&Rec
20.00
03/29 04/04
K7437426
Fuel-Prk&Rec
37.06
TOTAL ME VENDOR --------)
320.84
*** of Diamond Bar ***
RUN TIME: 08:22 03/30/95 City V O U C H E R R E G I S T E R PAGE 11
DUE THRU.............04/04/95
VENDOR NAME VENDOR ID. * * PREPAID
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK
-------------------------------------------------------------------------------------------
Monterey Marriott MarriottMo
*001-4210-2330 1 50404A
Mt. Baldy United Way UnitedWay
*001-2110-1013 1 50404E
New Technologies
*001-4090-6230
Norwest Mortgage
*001-4090-6220
*001-4090-6220
Novak, Adeline
*001-3478
NewTechnol
2 50404D 01/2452
Norwest
2 50404A 01/2613
4 50404A 01/2724
1515
6 50404D
OCH Reprographics OCBReprogr
*250-4310-6415 06695 4 504040 02/2438
Ordelheide, Sandra 1511
*001-3478 7 50404D
Ortiz, Tom
*001-4553-4100
Parise, Dee
*001-3472
OrtizTom
3 50404E
Parisel)
150404D
03/29 04/04
P1nrInst-RplcofChk25794
750.00 04/04/95 0000025812
TOTAL PREPAID AMOUNT ----)
750.00
TOTAL DILE VENDOR --------)
0.00
03/29 04/04
PP5/bPayrllContributions
50.00
TOTAL DUE VENDOR --------)
50.00
03/29 04/04
63613
ComptrHrd/F1pyDrSVGAMontr
1,374.78
TOTAL DUE VENDOR --------)
1,374.78
03/29 04/04
Surplus Office Furniture
1,850.00 04/04/95 0000025805
03%29 04/04
Furniture -8 Chairs
292.00 04/04/95 0000025805
TOTAL PREPAID AMOUNT ---->
2,142.00
TOTAL DUE VENDOR --------)
0.00
03/29 04/04
13758
Recreation Refund
51.00
TOTAL DILE VENDOR --------)
51.00
03/29 04/04
993414
MapleHill-ADARetroFt
125.43
TOTAL DUE VENDOR --------]
125.43
03/29 04/04
13815
Recreation Refund
25.60
TOTAL DUE VENDOR --------)
25.60
03/29 04/04
Trfc & Trns Mtg 3/9
40.00
TOTAL DUE VENDOR --------)
40.00
03/29 04/04
Refund-Rail/SailEzcursn
86.00
TOTAL DUE VENDOR --------)
86.00
*** City of Diamond Bar * * *
RUN TIME' 08:22 03/30/95 V 0 U C H R R E G I S T E R PAGE 12
DUE THRU.............04/04/95
VENDOR NAME VENDOR ID. * * PREPAID
ACCOUNT PRDJ.TX-ND BATCH PO.LINE/ND. ENTRY/DJE INVOICE DESCRIPTION AIWT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
Payroll Transfer PayrollTr
*001-1020 1 50404A
Pomona Judicial District PomJudDist
*001-3223 1 50404D
Power Circuits PowerCirc
*001-4090-6230 4 50404D 01/2732
Prudential Service Bureau PSBI
*001-2110-1004 1 50404D
*001-2110-1006 1 50404D
Public Empl Retirement
PERS
*001-2110-1008
1 50404A
*001-2110-1008
2 504M
*001-2110-1008
3 50404A
Public Empl Retirement PERS
*001-2110-1008 4 50404D
*001-2110-1008 5 50404D
R 6 D Blueprint RUBlue
*001-4210-4220 4 504040 01/2650
03/29 04/04
03/29 04/04
03/29 04/04 3715
03/29 04/04
03/29 04/04
03/29 04/04
03/29 04/04
03/29 04/04
03/29 04/04
03/29 04/04
03/29 04/04 10384
RJM Design RJMDesign
*250-4310-6415 06695 6 50404D 01/1718C 03/29 04/04 11198
PP6-Payroll Transfer
55,200.00
04/04/95 0000000006
TOTAL PREPAID AMOUNT ----}
55,200.00
TOTAL DUE VENDOR --------}
0.00
Jan -Parking Fines
540.00
TOTAL DUE VENDOR --------}
540.00
ComptrHrdwre-PInSIMihRiodul
313.93
TOTAL DUE VENDOR --------)
313.93
Apr -Dental Press
1,169.33
Apr -Vision Press
359.23
TOTAL DUE VENDOR --------)
1,528.56
PP5 Retire Contrib-Esple
3,308.79
04/04/95 0000025606
PP5 Retire Contrib-Emplyr
2,980.30
04/04/95 0000025806
Feb-RetireContr-Montgomry
743.00
04/04/95 0000025806
TOTAL PREPAID AMMT ----)
7,032.09
TOTAL DUX: VENDOR --------)
0.00
PP6 Retire Contrib-Emple
3,337.76
PP6 Retire Contrib-Emplyr
3,006.39
TOTAL DUE VENDOR --------)
6,344.15
Prtg-CircultnElemn-GenPln
256.55
TOTAL DUE VENDOR --------)
256.55
Jan -Svcs -Park Signs
698.50
TOTAL DUE VENDOR --------)
698.50
+++
City of Diamond Bar +++
03/29 04/04
RUN TIME: 08:22 03/30/95
V 0 U C H E R R E
G I S T E R
PAGE 13
12 50404D 01/2321
DUE THRU.............04/04/95
2935
Prof Engr Svcs -Oct
VENDOR NAME VENDOR ID.
*001-4551-5227
2 504040 01/2525
+ + PREPAID + +
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/DUE INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Ritz Camera Ritz Caner
03/29 04/04
3209
InspectSvcs-BrmfrdCt
0001-4095-2110 4 504040 03/2225C
03/29 04/04 1105393
PhotoProcess-SprgNwsltr
4.83
3209
InspctSvcs-WIdRush
TOTAL DUE VENDOR --------)
4.83
Robert Driver Ins Co. RobDrive
03/29 04/04
3209
InspectSvcs-HoneyHill
+001-2300-1004 1 50404D
03/29 04/04
Jan-Mar-SpecEventInsur
325.00
TOTAL DUE VENDOR --------)
TOTAL DUE VENDOR --------)
325.00
RonKranzerkAssoc C.E. Inc R1(A
*001-4551-5227
10 50404D 01/2549
03/29 04/04
2935
Prof Engr Svcs -Oct
757.03
*001-4551-5227
12 50404D 01/2321
03/29 04/04
2935
Prof Engr Svcs -Oct
470.25
*001-4551-5227
2 504040 01/2525
03/29 04/04
3209
InspectnSvcs-Steeplchse
112.50
*0014551-5227
4 50404D 01/2749
03/29 04/04
3209
InspectSvcs-BrmfrdCt
112.50
*001-4551-5227
6 50404D 01/2377
03/29 04/04
3209
InspctSvcs-WIdRush
112.50
*001-4551-5227
8 50404D 01/2394
03/29 04/04
3209
InspectSvcs-HoneyHill
112.50
TOTAL DUE VENDOR --------)
1,677.28
Rose, Bobby
RoseB
*001-4350-2325
1 50404A
03/29 04/04
Reimb-RecContractMtgs
50.00 04/04/95 0000025807
TOTAL PREPAID AMOUNT ----)
50.00
TOTAL DUE VENDOR --------)
0.00
San Gabriel Vly Tribune SGVTribune
*001-4040-2115
2 50404E 01/21328
03/29 04/04
10059
Bids -Dist #38,39,41-Lndsp
86.40
*001-2300-1010
7 50404E
03/29 04/04
4451
Pub Hrg-FPL 95-005
108.80
TOTAL DUE VENDOR --------)
195.20
Siecke, Warren C.
SieckeW
*250-4510-6412 07495
2 50404E 01/2272
03/29 04/04
3392-8
TrfcEngr3vcs-Grand Ave
66.50
TOTAL DUE VENDOR --------)
66.50
Smart & Final
Smart&Finl
*001-4350-1200
6 50404E 01/2469
03/29 04104
2147445
Excursion Supplies
36.74
TOTAL DUE VENDOR --------)
36.74
Southern Ca Gas Co
SoCaGas
*001-4313-2126
1 50404D
03/29 04/04
Gas Svcs -Heritage Prk
109.10
TOTAL DUE VENDOR --------)
109.10
***
City
of Diamond
Bar ***
RUN TIME: 08:22 03/30/95
V 0 U C
H E R R E
G I S T E R
PAGE 14
DUE THRU.............04/04/95
VENDOR NAPE
VENDOR ID.
* * PREPAID *
ACCOUNT PROJ.TX-NO BATCH PO.LINE/ND.
------------------------------------------------------------------------------------------------------------------------------------
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUNT DATE CHECK
Southern Ca. Edison
SoCaEdison
*001-4510-2126
1 50404E
03/29 04/04
Elect Svcs -Traffic Ctrl
98.95
TOTAL DUE VENDOR --------)
98.95
Southland Surfacing
Southland
*139-4539-2210
6 50404E 01/2652
03/29 04/04
1351
Resurfce-BsktBICrt-Lngvw
1,350.00
TOTAL DUE VENDOR --------)
1,350.00
Standard Insurance of
Ore StandardIn
*401-2110-1005
1 504040
03/29 04/04
Apr-Suppl Life Ins Press
24.00
*001-2110-1005
2 50404D
03/29 04/04
Apr -Life Ins Press
435.00
*001-2110-1005
3 50404D
03/29 04/04
Mar -Life Ins Press-Roa
14.50
TOTAL DUE VENDOR --------)
473.50
Towne Center Travel
TowneCente
*001-4010-2330
3 50404E 01/2800
03/29 04/04
Trvl-LegisConf/IRMF Mtg
630.00
*001-4030-2330
5 50404E 02/2800
03/29 04/04
Trvl-LegisConf/IRMF Mtg
252.00
TOTAL DUE VENDOR --------)
882.00
Unocal
Unocal
*001-4210-2310
2 50404E 01/2000
03/29 04/04
129117
Fuel -Plug
17.92
*001-4210-2310
1 50404E 01/2000
03/29 04/04
929033
Fuel -Ping
19.39
TOTAL OLE VENDOR --------)
37.31
Usher, Frank
UsherF
*001-4030-2330
2 50404C
03/29 04/04
Reisb-CsgrMtg 2/22-24
299.05
TOTAL DUE VENDOR --------)
299.05
Walnut Vly Water Dist
WVWaterDis
*001-4311-2126
1 50404E
03/29 04/04
Water Usage -Paul Grow
69.36
*401-4316-2126
1 50404E
03/29 04/04
Water Usage -Maple Hill
114.22
TOTAL DUE VENDOR --------)
183.58
Walnut Vly Water Dist
WVWaterDis
*001-4319-2126
1 54404E
03/29 04/04
Water Usage -Peterson
94.02
*001-4328-2126
1 50404E
03/29 04/04
Water Usage-Susstrdge
141.46
*001-4331-2126
1 50404E
03/29 04/04
Water Usage-SycCyn
142.83
TOTAL DUE VENDOR --------)
378.31
+++
City of
Diamond
Bar +++
RUN TIME: 08:22 03/30/95
V O U C H
E R R E G
I S T E R
PAGE 15
DUE THRU
.............04/04/95
VENDOR NAME
VENDOR ID.
+ + PREPAID + +
ACCOUNT PROJ.TX-NO
------------------------------------------------------------------------------------------------------------------------------------
BATCH PO.LINE/IU.
ENTRY/DUE
INVOICE
DESCRIPTION
AMOUW
DATE CHECK
Walnut Vly Water Dist
WVWaterDis
+138-4538-2126
1 50404E
03/29 04/04
Water Usage -Dist #38
1,064.52
TOTAL DUE VENDOR --------)
1,064.52
Walnut Vly Water Dist
WVWaterDis
+139-4539-2126
1 50404E
03/29 04/04
Water Usage -Dist #39
874.89
TOTAL DUE VENDOR --------)
874.89
Walnut/San Dimas Station
Wa1SanDima
+001-4040-2325
1 50404A
03/29 04/04
3/24RecogDinner-Papen
25.00
04/04/95 0000025808
TOTAL PREPAID AMOUNT ----)
25.00
TOTAL ME VENDOR --------)
0.00
Walnut/San Dimas Station
Wa1SanDima
+001-4010-2325
3 50404A
03/29 04/04
Recog Dinner 3/24 -Miller
25.00
04/04/95 0000025815
TOTAL PREPAID AUWT ----)
25.00
TOTAL DUE VENDOR --------)
0.00
West Coast Arborist Inc. WCArbor
+001-4558-5509
2 50404E 01/1929A
03/29 04/04
9295
Tree Trimming Svcs -2/22
45.00
TOTAL DUE VENDOR --------)
45.00
Wright, Paul
WrightP
+001-4090-4000
2 50404E 0112766
03/29 04/04
Audio/VisualSvcs-3/21
120.00
TOTAL DUE VENDOR --------)
120.00
Yosemite Waters
YosemWater
+001-4310-2130
2 50404E 01/2021A
03/29 04/04
FEB550270
EquipRent-Water-SycCyn
5.05
TOTAL INE VENDOR --------)
5.05
Youn, Junko
1509
+041-3478
8 50404E
03/29 04/04
Recreation Refund
32.00
TOTAL DUE VENDOR --------)
32.00
Zeeman, Tonya
1514
+001-3474
1 50404E
03/29 04/04
13248
Recreation Refund
15.00
TOTAL DUE VENDOR --------)
15.00
**} Citof Dia�ond Bar ***
RUN TIME! 08'22 03/30/95 V O y U C H E R R E G I S T E R PAGE 16
DUE THRU.............04/04/95
VENDOR NAME VENDOR ID. * * PREPAID * *
ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DLE INVOICE DESCRIPTION AMMAVT DATE CHECK
------------------------------------------------------------------------------------------------------------------------------------
TOTAL PREPAID -----------> 68,318.28
TOTAL DUE ---------------) 404,313.05
TOTAL REPORT ------------> 477,631.33
*** City of Diamond Bar * * *
RUN TIME: 08:22 03/30/95
V 0 U C H E R R E G I S T E R
PAGE i
FUND
SUMMARY REPORT
DUE THRU.............04/04/95
DISBURSE
G/L
GJE WILL POST GJE HAS POSTED
FUTURE TRANSACTIONS
FUND
------------------------------------------------------------------------------------------------------------------------------------
TOTAL
DIRECT PAY
REVENUE EXPENSE REVENUE EXPENSE
REVENUE EXPENSE
001 General Fund
465,990.66
82,911.32
983.60 382,095.74
118 Air Quality Imp
?39.41
339.41
139 LLAD #39 Fund
2,598.03
2,598.03
141 LLAD #41 Fund
3,946.85
3,946.85
138 LLAD #38 Fund
1,246.66
1,246.66
125 CDBG Fwd
2,220.43
2,220.43
115 Int Waste Mgmt F
328.94
328.94
250 C.I.P. Fund
960.35
960.35
TOTAL------------
------------
------------------------------------------------------------
------------
ALL FUNDS
477,631.33
82,911.32
983.60 393,736.41
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. (�,-6
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 4, 19954REPORT DATE: March 30, 1995
FROM: Linda G. Magnuson Accounting Manager
TITLE:
Treasurer's Report - February 28, 1995
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of February 1995.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report
_ Resolution(s)
_ Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
_ Bid Spec. (on file in City Clerk's Office)
Other
1. Has the resolution, ordinance or agreement been reviewed _ Yes_ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
;erkren-
IEWEDBY:
ce L. Bela er Frank M. Usher Li da G. M uson
City Manager V Assistant City Manager Accounting Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 4, 1995
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - February 28, 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 February, 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 February 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
February 28, 1995
.........::.;:::...........
GENERAL FUND
$6,989,763.96 $828,114.90
$803,099.78
$7,014,779.08
LIBRARY SERVICES FUND
209,274.75
209,274.75
TRAFFIC SAFETY FUND
575.80 20,767.71
21,343.51
GAS TAX FUND
2,792,984.34
1,364.97
(118.65)
2,791,500.72
TRANSIT TX (PROP A) FD
929,364.27 10,618.60
17,659.90
(25,375.68)
896,947.29
TRANSIT TX (PROP C) FD
1,528,676.57 30,288.00
(249,254.59)
1,309,709.98
INTEGRATED WASTE MGT FD
50,541.92 6,598.00
19,275.51
37,864.41
AIR QUALITY IMPRVMNT FD
69,665.25 105.93
1,445.93
68,325.25
PARK FEES FUND
358,677.39
358,677.39
S PARKS GRANT (PRP A) FD
(36,103.15)
(1,312.00)
(37,415.15)
COM DEV BLOCK GRANT FD
(15,520.98) 4,437.50
6,264.80
(9,995.01)
(27,343.29)
LANDSCAPE DIST #38 FD
82,276.92 8,146.94
10,416.99
(25,391.25)
54,613.62
LANDSCAPE DIST #39 FD
13,109.60 2,479.49
10,236.55
5,352.54
LANDSCAPE DIST #41 FD
169,562.74 4,362.37
21,940.78
151,984.33
GRAND AV CONST FUND
403,612.21
607.42
403,004.79
CAP IMPROVEMENT PRJ FD
190,625.01 116,100.00
311,447.18
311,447.18
306,725.01
SB 821 FUND
166,536.55
166,536.55
SELF INSURANCE FUND
420,854.64
6,000.00
414,854.64
TOTALS
$14,324,477.79 $1,032,019.44
$11,209,761.81
$0.00
$14,146,735.42
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
$165,639.52
PAYROLL ACCOUNT
965.30
CHANGE FUND
175.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
$167,279.82
INVESTMENTS:
TIME CERTIFICATES
$0.00
COMMERCIAL PAPER
0.00
LOCAL AGENCY INVESTMENT F
13,979,455.60
TOTAL INVESTMENTS
13.979.455.60
TOTAL CASH $14,146,735.42
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.I.F -Effective Yield for February, 1995 5.78%
There are sufficient funds available to meet the next month's financial obligations of the City.
SUMMARY OF INVESTMENT DATA
FOR THE POOLED MONEY INVESTMENT ACCOUNT
A COMPARISON OF FEBRUARY 1995 WITH FEBRUARY 1994
(Dollars in Thousands)
FEBRUARY 1995 FEBRUARY 1994
AVERAGE DAILY
PORTFOLIO TOTAL
$28,122,451
TOTAL EARNINGS ON
$ 274,974
$-
ACCRUAL BASIS
$
124,686
EFFECTIVE YIELD
5.779
AVERAGE LIFE OF PORTFOLIO
ON THE LAST DAY 0Y THE MONTH
(IN DAYS)
365
SECURITY TRANSACTIONS
$36,312,945
TIME DEPOSITS
$
38,895
AVERAGE WORKDAY
INVESTMENT ACTIVITY
$
2,019,547
NUMBER OF
SECURITY TRANSACTIONS
819
NUMBER OF
TIME DEPOSITS
14
AVERAGE PRESCRIBED DEMAND
COMPENSATING BANK BALANCES
FOR SERVICES
$
150,625
AVERAGE PRESCRIBED DEMAND
BANK BALANCES FOR
UNCOLLECTED FUNDS
$
254,914
CHANGE
$26,934,942 $+ 1,187,509
$ 86,298 $+ 38,388
4.176 + 1.603
421 - 56
$22,777,345 $+13,535,600
$ 8,190 $+ 30,705
$ 1,199,239 $+ 820,308
532 + 287
4 + 10
$ 308,630
$-
158,005
$ 274,974
$-
20,060
LOCAL AGENCY INVESTMENT FUND*
SUMMARY OF ACTIVITY
FEBRUARY 1995
BEGINNING BALANCE DEPOSITS WITHDRAWALS MONTH END BALANCE
$8,896,684,421.33 $ 761,413,000.00 $1,042,821,901.80 $8,615,275,519.53
*Local Agency Investment Fund Invested Through Pooled Money Investment Account
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.: _ i0
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 4, 1995 REPORT DATE: March 21, 1995
FROM: George A. Wentz, City Engineer
TITLE: Release of Grading Cash Bond Posted for 1805 Tintah Drive in
Diamond Bar.
SUMMARY:
The Principal (G.E. Capital Asset Management Corporation) desires release of
a cash bond posted for remedial grading located at 1805 Tintah Drive in the
amount of $1,530. The City Engineer finds that Principal has performed all
work as shown on the approved "As -Graded" grading plan, on file with the
City.
RECOMMENDATION:
It is recommended that the City Council 1)declare the obligations under this
bond null and void and release the cash bond which was posted with the City
of Diamond Bar in December, 1994 as a condition precedent to issuance of a
grading permit for 850 cubic yards of remedial grading at 1805 Tintah Drive
in the amount of $1,530.00; 2)instruct the City Clerk to notify G.E. Capital
and the City's Finance Department of the City Council's action.
LIST OF ATTACHMENTS:x Staff Report
_ Resolution(s)
Ordinance(s)
_
Certificate and Copy Agreement(s)
Form
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
Bid Specification (on file
in City Clerk's Office)
X Other: Final Engineering
of B7d
1. Has the resolution, ordinance or agreement been reviewed N/A
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? N/A
4. Has the report been reviewed by a Commission?_ Yes x No
Which Commission? N/A
5. Are other departments affected by the report?_ Yes x No
Report discussed with the following affected departments: N/A
RLVIEWED by:
tTerence L. B anger Frank A. s er GeorA. We
City Manager Assistant City Manager Citya ngineer
MEETING DATE:
TO:
FROM:
SUBJECT:
1% -TTY myFROIL IWIM ID
April 4, 1995
AGENDA NO.
Honorable Mayor and Members of the City Council
Terrence L. Belanger, City Manager
Release of Grading Cash Bond Posted for 1805 Tintah Drive in
Diamond Bar.
ISSUE STATEMENT:
The Principal, G.E. Capital Asset Management Corporation, desires release of
a Cash Bond posted for remedial grading located at 1805 Tintah Drive in the
amount of $1,530.00. The City Engineer finds that Principal has performed
all work as shown on the approved "As -Graded" grading plan, on file with the
City.
RECOMMENDATION:
It is recommended that the City Council 1)declare the obligations under this
bond null and void and release the Cash Bond which was posted with the City
of Diamond Bar in December, 1994 as a condition precedent to issuance of a
grading permit for 850 cubic yards of remedial grading at 1805 Tintah Drive,
in the amount of $1,530.00; and 2)instruct the City Clerk to notify G.E.
Capital Asset Management Corporation and the City's Finance Department of the
Council's action.
FINANCIAL SUMMARY:
This recommendation has no financial impact on the City's F.Y. 1994-1995
budget.
BACKGROUND:
The grading on this lot was of remedial nature due to illegal grading being
performed on this property in July of 1991. The lot was inspected and final
grade was approved on March 21, 1995 by the City's Consultant, Mr. Mike Myers
of Charles Abbott and Associates. Therefore, we now recommend that the bond
which was posted with the City of Diamond Bar be released.
DISCUSSION:
The following listed cash bond needs to be released:
Address:
Owner:
Tract No.:
Cash Receipt No.:
Account No.:
Amount:
PREPARED BY-
Ame M_ Garvey
1805 Tintah Drive
G.E. Capital Asset Management Corporation
27979
18073
0800 2300 1001
$1,530.00
CITY Or DIAMOND BAR
21660 E. COPLEY DRIVE, SUITE 190
DIAMOND BAR, CA 91765-4177
(909) 396-5671
SUPERVISED. GRADING INSPECTION CERTIFICATE
IOB ADDRESS/LOT AND TRACT NO. ZoT .2? -r"Cr .77979 _ PERMIT NO.
OWNECONTRACTOR
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
I certify that the earth fills placed on the following lot(s) were installed upon competent and properly prepared base material and
compacted in compliance with requirements of Building Code Section 7010. I further certify that where the report or reports
of engineering geologist, relative to this site, have recommended the installation of buttresses, fills or other similar stabilization
measures, such earthwork construction has been completed in accordance with the approved design.
LOT NO.(S)
See report dated _ for compaction test data, recommended allowable soil bearing values and
other recommendations.
EXPANSIVE SOILS (YES) (NO) LOT NO.(S)
BUTTRESS FILLS (YES) (NO) LOT NO.(S)
REMARKS
ENGINEER_ REG. NO.
Signature (and wet -stamp)
DATE
SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION
I certify to the satisfactory completion of rough grading including: grading to approximate final elevations, property lines located
and staked; cut and fill slopes correctly graded and located in accordance with the approved design; swales and terraces graded
ready for paving, berms installed—and required drainage slopes provided on the building pads. I further certify that where report
or reports of an enW
� d/or soils engineer have been prepared relative to this site, the recommendations
contained in soils re in the execution of the work.
T
LOT NO.(S
REMARKS_
ENGINEER
REG. NO. C DATE `6?3 7 ZF:RC
nature (64wet-sta (f)'
* 7k'
PER T AI_ GRADING CERTIFICATION
I certify to the satis ding in accordance with the approved plans. All required drainage devices have
been installed; slope pl F end irrigation systems provided (where required); and adequate provisions have been
made for drainage of surfacem each building site. The recommendations of the soils engineer and engineering
geologist (if such persons>wxzre gp1oyed) have been incorporated in the work.
LOT NO. (S) •'
REMARKS
ENGINEER W BE +� REG. NO. f - / �F L4 6 DATED—`R /�1S
U natty&f9eWet-s M
CML _V
GRADING CE F 79• E ENGINEER AND GRADING ENGINEER IS REQUIRED FOR ROUGH GRADE
INSPEC17ON A SE TO Q G DEPARTMENT FOR .S77?[JC'FURAL PERMI7S.
FINAL GRADING 0 y 7TIE GRADING ENGINEER IS REQUIRED E O UA;�1UI� DE INSPECTION
AND RELEASE TO BUILDING DEPARTMENT FOR OCCUPANCY OF STRUCTUR, fFI CE OF CITY EN
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r!�^nVi=D BY _
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<_ r-; Lnsurance Corpc,rc�t.i.a-: (FS LSC; .
<E tris c:-_nowledge:r,e ;t ,a 1.. t�-_f eco thi> +:3ay
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19 '
FINANCIAL INSTI=TION:
,
_
e,
GE Capital
Asset Management Corporation
A Ilei o/ GE Capbl Morlyage CM
FSS GECAIA FSS. 0-1—nt ONc - -
PAY Two thousand five hundred thirty and
TO THE
ORDER G=
CITY -OF DIAMOND_SAR
21660 E: COFLEY-DRIVE
SUITE 100
DIAMOND BAR, CA 91765
56 389-2
Flnt Natl r l Bank of Ashland, an atfib.te of
NATIONAL CITY BANK 9 9
ck,.hna. 0'.o utat
00/100 Dollars -----------------------
DATE - :AMOUNT
Dec/28/94 ******$2,530.00*
CHECKS IN EXCESS OF 310,000.00 REQUIRE TWO SIGNATURES
CITY OF DIAMOND BAR AGENDA
AGENDA REPORT
TO: Terrence L. Belanger, City Manager
MEETING
DATE: March 17, 1995
EETING DATE: April 4, 1995
FROM: George A. Wentz, City Engineer
TITLE: Award of Contract for Construction of New Sidewalks on Diamond Bar
Boulevard.
SUMMARY: At the February 21, 1995 City Council Meeting, Council adopted
Resolution No. 95-11 approving plans and specifications for the construction
of sidewalks on Diamond Bar Boulevard between Fountain Springs Road and
Pathfinder Road. Council authorized and directed the City Clerk to advertise
to receive bids. Notice to bidders was published on February 22,
1995.
Eighteen (18) bids were submitted and opened on March 16, 1995 and the lowest
apparent bidder was JDC Inc. of Rancho Cucamonga.
RECOMMENDATION: That the City Council receive the bids and award the
proposed contract to JDC Inc. for Construction of Sidewalks on Diamond Bar
Boulevard Between Fountain Springs Road and Pathfinder Road, in an amount not
ze
to exceed $24,300. am
ount fh$4 , ore, it is 000 for project mended changethat orderse council to be approvedlby
a contingency
the City Manager.
LIST OF ATTACHMENTS: X Staff Report
Resolution(s)
Ordinances(s)
X Agreement
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
2.
3.
4.
5.
_ Public Hearing Notification
_ Bid Specifications (on file in
City Clerk's Office)
X Other: JDC Inc.'s Proposal
(on file in City
Clerk's Office)
Has the resolution, ordinance or agreement been reviewed X Yes — No
by the City Attorney?
Does the report require a majority or 4/5 vote?
Has environmental impact been assessed?
Has the report been reviewed by a Commission?
Which Commission?
Are other departments affected by the report?
Report discussed with the following affected de
ts:
Majority
Yes X No
Yes X No
Yes X No
REVIEWED BY:
ITeerence Belanger Frank M. s er G orge A. W ntz
City Manager
Assistant City Manager C ty Engineer
eiTY COUNCIL Rgpoum
AGENDA NO.
MEETING DATE: April 4, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Award of Contract for Construction of Sidewalk on Diamond Bar
Boulevard Between Fountain Springs Road and Pathfinder Road
ISSUE STATEMENT
The City proposes to award a contract for the construction of sidewalks on
Diamond Bar Boulevard between Fountain Springs Road and Pathfinder Road to
JDC Inc., the lowest responsible bidder.
RECOMMENDATION
It is recommended that the City Council receive the bids and award the
proposed contract to JDC. Inc. of Rancho Cucamonga for Construction of
Sidewalks on Diamond Bar Boulevard between Fountain Springs Road and
Pathfinder Road, in an amount not to exceed
recommended that the Council authorize a contingency.
amounthofmore, it is
project change orders to be approved by the City Manager. $4,000 for
FINANCIAL SUMMARY
$91,710 of CDBG federal funds has already been a
the 1994/95 fiscal year budget for these sidewalksoved and incorporated into
BACKGROUND/DISCUSSION
At the January 17, 1995 City Council meeting,
the $91,710 of previouslty Council
y unallocated Community Development Block Grant fundsallocated
Fiscal Year 1994-95, towards the construction of sidewalks on the westside of
Diamond Bar Boulevard between Fountain Springs Road and Pathfinder Road and
on the eastside of Diamond Bar Boulevard between Shadow Canyon Drive and 300,
north of Shadow Canyon Drive.
At the February 21,
95 1995 City Council meeting, Council adopted Resolution No.
-11 approving plans and bid specifications for the construction of
sidewalks at the following locations on Diamond Bar Boulevard:
W/S DIAMOND BAR BOULEVARD: BETWEEN FOUNTAIN SPRINGS ROAD AND PATHFINDER
ROAD: LENGTH = 2,160 L.F.
EIS DIAMOND BAR BOULEVARD: BETWEEN SHADOW CANYON DRIVE AND 300, NORTH OF
SHADOW CANYON DRIVE = 300 L.F.
1
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. c
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 4, 1995 REPORT DATE: March 27, 1995
FROM: Bob Rose, Director of Community Services
TITLE: Award of Contract for the maintenance of L.L.M.D. #38
SUMMARY: On February 21, 1995, the City Council adopted Resolution No. 95-08 authorizing the
City Clerk to advertise for bids for the maintenance of L.L.M.D. #38. Bids were received from five
qualified contractors. Bids were opened and publicly read on March 23, 1995, with bids ranging from
a low of $38,400 to a high of $58,241.
RECOMMENDATION: It is recommended that the City Council award the contract for the Maintenance
of L.L.M.D. #38 to Mariposa Horticultural Enterprises, Inc., the lowest responsive bidder, in the amount
of $38,400.
LIST OF ATTACHMENTS: Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specifications (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
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
No
4.
Has the report been reviewed by a Commission?
_
Yes
No
Which Commission?
_
5.
Are other departments affected by the report?
Yes
No
Report discussed with the following affected departments:
_
RE IEWED BY:
Ter ence langer Fran M.I sh r Bob Rose
City Managty Assistant City Manager Community Services Director
LAT Y UV UIN%.Iu KiSrUIC I
MEETING DATE: April 4, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Award of contract for the maintenance of L.L.M.D. #38
ISSUE STATEMENT:
On February 21, 1995, the City Council adopted Resolution No. 95-08
advertise for bids for the maintenance of L.L.M.D. #38. Bids were
contractors. The bids were opened and publicly read on March 23, 1995,
of $38,400 to a high of $58,241.
RECONUVIEENDATION:
AGENDA NO.
authorizing the City Clerk to
received from five qualified
with bids ranging from a low
It is recommended that the City Council award the contract for the maintenance of L.L.M.D. #38 to
Mariposa Horticultural Enterprises, Inc., the lowest responsive bidder, in the amount of $38,400.
FINANCIAL SUMMARY:
Maintenance of L.L.M.D. #38 is funded by the district, which collects approximately $256,500 in
assessment payments per year. The proposed $38,400 maintenance contract for L.L.M.D. #38 is well
within the funding level available for this service.
BACKGROUND/DISCUSSION:
L.L.M.D. #38 includes all the landscaped medians in Diamond Bar, plus the landscaped parkway on the
north side of Grand Avenue between Cleghorn and Summit Ridge Park, and the landscaped parkway on
the south side of Temple between Diamond Bar Blvd. and Golden Springs. This contract provides for
all the maintenance of the landscaping and the irrigation systems.
PREPARED BY:
Bob Rose, Director
Community Services Department
CITY OF DIAMOND BAR
BID OPENING LOG SHEET
BID OPENING DATE: March 23, 1995 10:00 a.m.
PROJECT NO.: Lighting & Lanfisrarpe Mstrict No. 38 (Maintenance)
BIDDERS NAME BID BOND BID AMOUNT
mq.
Ca VVI qr n r-): 1 h �" a�ix� '7 L,
y
CITY OF DIAMOND BAR
SPECIFICATIONS FOR ANNUAL LANDSCAPE MAINTENANCE FOR
LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 38
DESCRIPTION MONTHLY
rrEM WITH UNIT MONTHLY PRICE ANNUAL
NO. QUANTITY PRICE IN WORDS IN FIGURES AMOUNT
1 Lump Miscellaneous landscaping in
Sum Maintenance District No. 38
(See attached Map)
THREE THOUSAND
TWO HUNDRED DOLLARS 00/100 3,200.00 38,400.00
TOTAL ANNUAL PRICE
THIRTY EIGHT THOUSAND FOUR HUNDRED DOLLARS 00/100
(in words)
BID SUBMITTED BY T'll W
$ 38,400.00
(in figures)
DATE 3/23/95
CdA NORFICIK1MRt1!
COMPANY NAME fit.
15529 ARROW HIGMNAY
IRuN!NDALE. CA 81706
ADDRESS CITY ZIP
PHONE ( 818 960-0196 FAX 818 960-8477
SIGNATURE
I cc, - �5k�+
12
KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made
and entered- into, in duplicate, as of the date executed by the City Clerk and the Mayor,
by and between MARIPOSA HORTICULTURAL ENTERPRISES, INC., hereinafter
referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter
referred to as "City".
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received,
publicly opened, and declared on the date specified in said notice; and
WHEREAS, City did accept the bid of Contractor MARIPOSA HORTICULTURAL
ENTERPRISES, INC. 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 Annual Landscape
Maintenance for Lighting & Landscape Maintenance District No. 38 in the City of Diamond
Bar.
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 Annual Landscape
Maintenance for Lighting & Landscape Maintenance District No. 38 in the City of Diamond
Bar. Said work to be performed in accordance with specifications and standards on file
in the office of the City Manager and in accordance with bid prices hereinafter mentioned
and in accordance with the instructions of the City Manager.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference
thereto and made a part hereof with like force and effect as if all of said documents were
set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto,
together with this written agreement, shall constitute the contract between the parties. This
contract is intended to require a complete and finished piece of work and anything
necessary to complete the work properly and in accordance with the law and lawful
governmental regulations shall be performed by the contractor whether set out specifically
in the contract or not. Should it be ascertained that any inconsistency exists between the
aforesaid documents and this written agreement, the provisions of this written agreement
shall control.
3. TERMS OF CONTRACT
a. The undersigned bidder agrees to execute the contract within ten (10)
calendar days from the date of notice of award of the contract or
City of Diamond Bar L.L.M.D. #38
upon notice by City after ten (10) calendar days, and to complete the
installation of the work within sixty (60) calendar days from the
execution of the first contract. The bidder agrees further to the
assessment of liquidated damages in the amount of one -hundred
($100.00) 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. Com=s tion Insurance: Before beginning work, the Contractor shall furnish
to the Engineer 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
accordance with the laws of the State of California. Such insurance shall be
maintained in full force and effect during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor
Code, every contractor shall secure the payment of compensation to his
employees. Contractor, prior to commencing work, shall sign and file with
the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for worker's
compensation or to undertake self insurance in accordance with the provisions
of that Code, and I will comply with such provisions before commencing the
performance of work of this contract."
b. For all operations of the Contractor or any subcontractor in performing the
work provided for herein, insurance with the following minimum limits and
coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person;
$1,000,000 each accident.
2) Public Liability - Property Damage (not auto) $250,000 each person;
City of Diamond Bar 2 L.L.M.D. #38
$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 form satisfactory to City.
d. The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
1) Waives all right of subrogation against all persons and entities
specified in subparagraph 4.c.(2) hereof to be listed as additional
insured 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
City of Diamond Bar 3 L.L.M.D. #38
for herein;
2) Provides it shall not be canceled or altered without thirty (30) days'
written notice thereof given to City by registered mail.
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 insured and other
provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
Contractor is required to pay not less than the general prevailing rate of per diem wages
for work of a similar character in locality in which the public work is performed, and not
less than the general prevailing rate of per diem wages for holiday and overtime work.
In that regard, the Director of the Department of Industrial Relations of the State of
California is required to and has determined such general prevailing rates 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 parry on request. City 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 City,
not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for
each calendar day or portion thereof, if such laborer, workman or mechanic is paid less
than the general prevailing rate of wages 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, Statues of 1939, and in
accordance with the regulations of the California Apprenticeship Council, properly
indentured apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in Sections 1777.5 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under
him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee
nearest the site of the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The certificate will also fix the ratio
of apprentices journeymen that will be used in the performance of the contract. The ratio
City of Diamond Bar 4 L.L.M.D. #38
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 administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable trade on
such contracts and if other contractors on the public works site are making
such contributions.
The Contractor and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations, ex -officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal
day's work for all workmen employed in the execution of this contract, and the Contractor
and any subcontractor under him shall comply with and be governed by the laws of the
State of California having to do with working hours set forth in Division 2, Part 7,
chapter 1, Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for
each laborer, workman, or mechanic employed in the execution of the contract, by him or
any subcontractor under him, upon any of the work 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.
City of Diamond Bar 5 L.L.M.D. #38
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers,
agents and employees shall not be answerable or accountable in any manner for any loss
or damage that may happen to the work or any part thereof, or for any of the materials
or other things used or employed in performing the work; or for injury or damage to any
person or persons, either workmen employees of the contractor or his subcontractors or the
public, or for damage to adjoining or other property from any cause whatsoever arising
out of or in connection with the performance of the work. The contractor shall be
responsible for any damage or injury to any person or property resulting from defects or
obstructions or from any cause whatsoever, except the sole negligence or willful misconduct
of City, its employees, servants, or independent contractors who are directly responsible
to City during the progress of the work or at any time before its completion and filial
acceptance.
The Contractor will indemnify City against and will hold and save City harmless
from any and all actions, claims, damages to persons or property, penalties, obligations,
or liabilities that may be asserted or claimed by any person, firm, entity, corporation,
political subdivision, or other organization arising out of or in connection with the work,
operation, or activities of the contractor, his agents, employees, subcontractors, or invitees
provided for herein, whether or not there is concurrent passive or active negligence on the
part of City, but excluding such actions, claims, damages to persons or property, penalties,
obligations, or liabilities arising from the sole negligence or willful misconduct of City, its
employees, servants, or independent contractors who are directly responsible to City, and
in connection therewith:
a. The Contractor will defend any action or actions filed in connection with any
of said claims, damages, penalties, obligations, liabilities and will pay all
costs and expenses, including attorneys' fees incurred in connection therewith.
b. The Contractor will promptly pay any judgment rendered against the
Contractor or City covering such claims, damages, penalties, obligations, and
liabilities arising out of or in connection with such work, operations, or
activities of the Contractor hereunder, and the Contractor agrees to save and
hold the City harmless therefrom.
C. In the event City, without fault, 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 any and all costs
and expenses incurred by City in such action or proceeding together with
reasonable attorneys' fees.
So much of the money due to the Contractor under and by virtue of the contract
as shall be considered necessary by City may be retained by City until disposition has been
made of such actions or claims for damage as aforesaid.
City of Diamond Bar 6 L.L.M.D. #38
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 March 23,1995, in the total
amount of $38,400.
The City Council shall have the option to extend this Agreement up to five (5)
additional one (1) year periods, subject to the same terms and conditions contained herein,
by giving Contractor written notice of exercise of this option to renew at least thirty (30)
days prior to the expiration of the initial term of this Agreement, or of any additional 1
year extensions.
In the event the City Council exercises its option to extend the term of this
Agreement for one or more of the additional five (5) one year periods as provided for in
paragraph 28.02 of specifications, the Contractor's monthly compensation shall be subject
to adjustment at the commencement of the extended term and annually thereafter ("the
adjustment date") as follows:
Any increase in compensation will be negotiated between the City and the
contractor, with the limits being no increase to a maximum of the cost of living.
The increase, if any, will be calculated with reference to cost of living during the
previous year. If the increase is approved by the City Council, the increase will
be calculated by adding to the Contractor's monthly compensation, the amount, if
any, obtained by multiplying the contractor's compensation as of the adjustment date
by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -
Anaheim -Riverside metropolitan area for the month immediately preceding the
Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of
the United States Department of Labor, has increased over the CPI for the month
one year prior to the Index Month. If the Index is discontinued, the Director's
office shall, as its discretion, substitute for the Index such other similar index as it
may deem appropriate.
12. ATrORNEY'S FEES: In the event that any action or proceeding is brought
by either party to enforce any term or provision of this Agreement, the prevailing party
shall recover its reasonable attorneys' fees and costs incurred with respect thereto.
City of Diamond Bar 7 L.L.M.D. #38
T�"Notice
: This Agreement may be terminated by City upon the
13* days Prior to
giving of a writteTermination" to
loticeracton athleast thi of (suOch termination,
the date of termination specified m saidprior
contractor shall only be paid for services rendered and expenses necessarily incurred
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. 592268
By: - -4��
e
Date
APPROVED AS TO FORM
City Attorney
Date
Contractor's Business Phone g
Emergency Phone at which
Contractor can be reached at any time
City of Diamond Bar
Title
CITY OF DIAMOND BAR, CALIFORNIA
By:
Mayor
By:
CityClerk
8
L.L.M.D. #38
DIP -1 9
SIDEWALA UUnbTKUCTION
APRIL 4, 1995
Notice to bidders was published on February 22, 1995 and eighteen (18) bids
were submitted and opened on March 16, 1995 and the lowest apparent bidder
was JDC. Inc. of Rancho Cucamonga.
The bids received were as follows:
COMPANY
BID AMOUNT
1.
JDC Inc.
$24,300.00
2.
Grigolla & Sons
$29,160.00
3.
Nobest Inc.
$30,294.00
3A
West Coast Construction
$30,294.00
4.
Martinez Concrete
$30,456.00
5.
EGN Construction
$31,752.00
6.
Kobold Construction Inc.
$32,238.00
7.
Reiter Construction Co.
$34,020.00
8.
Gosney Construction
$34,668.00
9.
Coorg Corporation
$39,657.60
10.
Avedian Construction
$41,310.00
11.
D.J. Construction
$42,930.00
12.
Kovac Inc.
$45,360.00
12A
Pima Corporation
$45,360.00
13.
Ranco Corporation
$46,980.00
14.
Dave,s Cement Work
$47,790.00
15.
Civil Trans Inc.
$52,650.00
16.
Lambaren Contractors
$56,700.00
Key aspects of requirements that will be placed upon JDC Inc. include:
* Plan and schedule to be submitted at least seven days before
beginning of work.
* Notification to affected agencies.
* Completion of all work within twenty (20) working days.
* Liquidated damages of $100/day for non-performance.
* Labor compliance with the Davis -Bacon Act.
* Compliance with C.D.B.G. requirements.
All customary insurance and bonds have been included.
Staff has prepared a tentative schedule for the various project activities.
They are as follows:
Award of Contract
Notice to Proceed
Start of Construction
Completion of Construction
Prepared By -
Arne M. Garvey
00,
April 5, 1995
April 17, 1995
April 17, 1995
May 12, 1995
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. �
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 4, 1995 REPORT DATE: March 27, 1995
FROM: Bob Rose, Director of Community Services
TITLE: Award of Contract for the maintenance of L.L.M.D. #41
SUMMARY: On February 21, 1995, the City Council adopted Resolution No. 95-10 authorizing the
City Clerk to advertise for bids for the maintenance of L.L.M.D. #41. Bids were received from five
qualified contractors. Bids were opened and publicly read on March 23, 1995, with bids ranging from
a low of $35,400 to a high of $44,700.
RECOMMENDATION: It is recommended that the City Council award the contract for the Maintenance
of L.L.M.D. #41 to Landscape West, Inc., the lowest responsive bidder, in the amount of $35,400.
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
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
No
4. Has the report been reviewed by a Commission?
_ Yes
No
Which Commission?
5. Are other departments affected by the report?
_ Yes
No
Report discussed with the following affected departments:
IE D BY: " l
rrence L. B I ger Frank 9. Usher go -by -Rose
City Manager Assistant City Manager Community Services Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 4, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Award of contract for the maintenance of L.L.M.D. #41
ISSUE STATEMENT:
On February 21, 1995, the City Council adopted Resolution No. 95-10 authorizing the City Clerk to
advertise for bids for the maintenance of L.L.M.D. #41. Bids were received from five qualified
contractors. The bids were opened and publicly read on March 23, 1995, with bids ranging from a low
of $35,400 to a high of $44,700.
RECONEWENDATION:
It is recommended that the City Council award the contract for maintenance of L.L.M.D. #41 to
Landscape West, Inc., the lowest responsive bidder, in the amount of $35,400.
FINANCIAL SUMMARY:
Maintenance of L.L.M.D. #41 is funded by the district, which collects approximately $124,141 in
assessment payments per year. The proposed $35,400 maintenance contract for L.L.M.D. #41 is well
within the funding level available for this service.
BACKGROUNDIDISCUSSION:
L.L.M.D. #41 includes roughly the area of Diamond Bar bounded by Pathfinder, Brea Canyon cutoff
and west of (but not including) the residential development acessed via Cold Spring and Fallowfield. The
contract provides for the maintenance of the landscaped slopes, cul-de-sacs and parkways and the
appurtenant irrigation systems, plus weed control per fire code and cleaning of V -ditches in the natural
areas.
PREPARED BY:
Bob Rose, Director
Community Services Department
CITY OF DIAMOND BAR NANCE FOR
SPECIFICATIONS FOR � ANNUAL MAINTENANCE DISTRICT NO. 41
LIGHTING &
DESCRIPTION MONTHLY ANAL
WITH UNIT MONTHLY PRICE
ITEM PRICE IN WORDS IN FIGURES AMOUNT
NO. QUANTITY
1 Lump Miscellaneous landscaping in
Sum Maintenance District No. 41
(See attached Map)
Two Thousand Nine Hundred
Fifty Dollars and no cents 2950.00 _35,400-00
___
TOTAL ANNUAL- PRICE
Thirty Five Thousand Four HtMd,red Dollars
$ 35,400.00
words) an no cen s
(in (in figures)
BID SUBMITTED BY Landscape West, Inc.
DATE 3/22/95
COMPANY NAME Landscape West, Inc.
ADDRESS 1705 S Claudina Way CITY Anaheim ZIP 92805
714 991-1705 FAX (714 1 991-3796
PHONE (_� �
SIGNATURE--
Dan Jensen, Vice President
12
CITY OF DIAMOND BAR
BID OPENING LOG SHEET
r
BID OPENING DATE: March 23, 1995 10:00 a.m.
PROJECT NO.: LimhtinQ & Landscape District No. 41 (Maintenance)
i
N (2 O
c.,
ll�) `1r- 5 �fOO.00 C
KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made
and entered, into, in duplicate, as of the date executed by the City Clerk and the Mayor,
by and between LANDSCAPE WEST, INC., hereinafter referred to as the
"CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as
"City"
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received,
publicly opened, and declared on the date specified in said notice; and
WHEREAS, City did accept the bid of Contractor LANDSCAPE WEST, INC. 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 Annual Landscape
Maintenance for Lighting & Landscape Maintenance District No. 41 in the City of Diamond
Bar.
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 Annual Landscape
Maintenance for Lighting & Landscape Maintenance District No. 41 in the City of Diamond
Bar. Said work to be performed in accordance with specifications and standards on file
in the office of the City Manager and in accordance with bid prices hereinafter mentioned
and in accordance with the instructions of the City Manager.
2 INCORPORATED DOCUMENTS TO BE CONSIDERER
COMPLEMENTARY*, The aforesaid specifications are incorporated herein by reference
thereto and made a part hereof with like force and effect as if all of said documents were
set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto,
together with this written agreement, shall constitute the contract between the parties. This
contract is intended to require a complete and finished piece of work and anything
necessary to complete the work properly and in accordance with the law and lawful
governmental regulations shall be performed by the contractor whether set out specifically
in the contract or not. Should it be ascertained that any inconsistency exists between the
aforesaid documents and this written agreement, the provisions of this written agreement
shall control.
3, TERMS OF CONTRAIL
a, The undersigned bidder agrees to execute the contract within ten (10)
calendar days from the date of notice of award of the contract or
upon notice by City after ten (10) calendar days, and to complete the
L.L.M.D. #41
City of Diamond Bar
installation of the work within sixty (60) calendar days from the
execution of the first contract. The bidder agrees further to the
assessment of liquidated damages in the amount of one -hundred
($100.00) 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. ('omnensation Insurance: Before beginning work, the Contractor shall furnish
to the Engineer 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
accordance with the laws of the State of California. Such insurance shall be
maintained in full force and effect during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor
Code, every contractor shall secure the payment of compensation to his
employees. Contractor, prior to commencing work, shall sign and file with
the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for worker's
compensation or to undertake self insurance in accordance with the provisions
of that Code, and I will comply with such provisions before commencing the
performance of work of this contract."
b. For all operations of the Contractor or any subcontractor in performing the
work provided for herein, insurance with the following minimum limits and
coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person;
$1,000,000 each accident.
2) Public Liability - Property Damage (not auto) $250,000 each person;
$500,000 aggregate.
City of Diamond Bar 2 L.L.M.D. #41
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 form satisfactory to City.
d. The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
1) Waives all right of subrogation against all persons and entities
specified in subparagraph 4.c.(2) hereof to be listed as additional
insured 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;
City of Diamond Bar 3 L.L.M.D. #41
2) Provides it shall not be canceled or altered without thirty (30) days'
written notice thereof given to City by registered mail.
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 insured and other
provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
Contractor is required to pay not less than the general prevailing rate of per diem wages
for work of a similar character in locality in which the public work is performed, and not
less than the general prevailing rate of per diem wages for holiday and overtime work.
In that regard, the Director of the Department of Industrial Relations of the State of
California is required to and has determined such general prevailing rates 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.
Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City,
not more than fifty dollars ($.50.00) for each laborer, workman, or mechanic employed for
each calendar day or portion thereof, if such laborer, workman or mechanic is paid less
than the general prevailing rate of wages 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, Statues of 1939, and in
accordance with the regulations of the California Apprenticeship Council, properly
indentured apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in Sections 1777.5 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under
him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee
nearest the site of the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The certificate will also fix the ratio
of apprentices journeymen that will be used in the performance of the contract. The ratio
of apprentices to journeymen in such cases shall not be less than one to five except:
City of Diamond Bar 4 L.L.M.D. X41
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 1130 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 administration of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable trade on
such contracts and if other contractors on the public works site are making
such contributions.
The Contractor and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations, ex -officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK- Eight (8) hours of labor shall constitute a legal
day's work for all workmen employed in the execution of this contract, and the Contractor
and any subcontractor under him shall comply with and be governed by the laws of the
State of California having to do with working hours set forth in Division 2, Part 7,
chapter 1, Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for
each laborer, workman, or mechanic employed in the execution of the contract, by him or
any subcontractor under him, upon any of the work 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 StrRSISTENCE vev. 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,
City of Diamond Bar 5 L.L.M.D. #41
agents and employees shall not be answerable or accountable in any manner for any loss
or damage that may happen to the work or any part thereof, or for any of the materials
or other things used or employed in performing the work; or for injury or damage to any
person or persons, either workmen employees of the contractor or his subcontractors or the
public, or for damage to adjoining or other property from any cause whatsoever arising
out of or in connection with the performance of the work. The contractor shall be
responsible for any damage or injury to any person or property resulting from defects or
obstructions or from any cause whatsoever, except the sole negligence or willful misconduct
of City, its employees, servants, or independent contractors who are directly responsible
to City during the progress of the work or at any time before its completion and final
acceptance.
The Contractor will indemnify City against and will hold and save City harmless
from any and all actions, claims, damages to persons or property, penalties, obligations,
or liabilities that may be asserted or claimed by any person, firm, entity, corporation,
political subdivision, or other organization arising out of or in connection with the work,
operation, or activities of the contractor, his agents, employees, subcontractors, or invitees
provided for herein, whether or not there is concurrent passive or active negligence on the
part of City, but excluding such actions, claims, damages to persons or property, penalties,
obligations, or liabilities arising from the sole negligence or willful misconduct of City, its
employees, servants, or independent contractors who are directly responsible to City, and
in connection therewith:
a. The Contractor will defend any action or actions filed in connection with any
of said claims, damages, penalties, obligations, liabilities and will pay all
costs and expenses, including attorneys' fees incurred in connection therewith.
b. The Contractor will promptly pay any judgment rendered against the
Contractor or City covering such claims, damages, penalties, obligations, and
liabilities arising out of or in connection with such work, operations, or
activities of the Contractor hereunder, and the Contractor agrees to save and
hold the City harmless therefrom.
C. In the event City, without fault, 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 any and all costs
and expenses incurred by City in such action or proceeding together with
reasonable attorneys' fees.
So much of the money due to the Contractor under and by virtue of the contract
as shall be considered necessary by City may be retained by City until disposition has been
made of such actions or claims for damage as aforesaid.
City of Diamond Bar 6 L.L.M.D. X41
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 P iC'F 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 March 22, 1995, in the total
amount of $35,400.
The City Council shall have the option to extend this Agreement up to five (5)
additional one (1) Year periods, subject to the same terms and conditions contained herein,
by giving Contractor written notice of exercise of this option to renew at least thirty (30)
days prior to the expiration of the initial term of this Agreement, or of any additional 1
year extensions.
In the event the City Council exercises its option to extend the term of this
Agreement for one or more of the additional five (5) one year periods as provided for in
paragraph 28.02 of specifications, the Contractor's monthly compensation shall be subject
to adjustment at the commencement of the extended term and annually thereafter ("the
adjustment date") as follows:
Any increase in compensation will be negotiated between the City and the
contractor, with the limits being no increase to a maximum of the cost of living.
The increase, if any, will be calculated with reference to cost of living during the
previous year. If the increase is approved by the City Council, the increase will
be calculated by adding to the Contractor's monthly compensation, the amount, if
any, obtained by multiplying the contractor's compensation as of the adjustment date
by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -
Anaheim -Riverside metropolitan area for the month immediately preceding the
Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of
the United States Department of Labor, has increased over the CPI for the month
one year prior to the Index Month. If the Index is discontinued, the Director's
office shall, as its discretion, substitute for the Index such other similar index as it
may deem appropriate.
12. ATTO NFY'S F S• In the event that any action or proceeding is brought
by either party to enforce any term or provision of this Agreement, the prevailing party
shall recover its reasonable attorneys' fees and costs incurred with respect thereto.
City of Diamond Bar 7 L.L.M.D. X41
13. TERMINATION: This Agreement may be terminated by 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 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 Nn_ d17109
Date
APPROVED AS TO FORM
City Attorney
Date
I
By: Z,
e
= /Ylfj/vg /L
Title
CITY OF DIAMOND BAR, CALIFORNIA
By:
Mayor
By:
City Clerk
Contractor's Business Phone 7"' - g'-- / - / 7 G'
Emergency Phone at which a
Contractor can be reached at any time P
City of Diamond Bar 8
L.L.M.D. #41
CITY OP DIAMO"D DXn
AGENDA REPORT
AGENDA NO. (-' P
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 4, 1995 REPORT DATE: March 29, 1995
FROM: George A. Wentz, City Engineer
TITLE: Award of Construction Inspection Services Contract for Traffic
Signals Installation on Golden Springs Drive at Carpio Drive,
Golden Prados Drive and Prospectors Road.
SUMMARY: Three (3) construction inspection services proposals were received
from the City's on-call traffic consultants. Upon review and evaluation of
the proposals, staff determined that Warren Siecke represents the best choice
and most qualified consultant for the installation of traffic signals on
Golden Springs Drive at: Carpio Drive, Golden Prados Drive and Prospectors
Road.
RECOMMENDATION: That the City Council award the construction inspection
services for the traffic signals installation on Golden Springs Drive to
Warren C. Siecke, Transportation and Traffic Engineering, in an amount of
$13,230.00 plus a contingency amount of $1,000.00.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing
Notification
_ Resolution(s) _ Bid Specification (on file
in City Clerk's Office)
_ Ordinances(s) X Other: Proposals
(on file in City Clerk's Office)
X Agreement(s)
(On File in City Clerk's Office)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been
reviewed by the
City
reviewed by the City Attorney?
X Yes
No
2.
Does the report require a majority or 4/5 vote?
Majority
3.
Has environmental impact been assessed?
_ Yes X
No
4.
Has the report been reviewed by a Commission?
_ Yes X
No
Which Commission?
5.
Are other departments affected by the report?
Yes X
No
Report discussed with the following affected departments: N/A
REVIEWED BY:
errence L. Belang Frank 44,:' 4isITOr Geo ge A.Atz
City Manager Assistant City Manager Ci, Engi/
C:\WP60\LINDAKAY\AGEN95\TSINSPEC.330
CITY COUNCIL REPORT
MEETING DATE: April 4, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Award of Construction Inspection Services Contract
for Traffic Signals Installation on Golden Springs
Drive at Carpio Drive, Golden Prados Drive and
Prospectors Road.
ISSUE STATEMENT:
To award a construction inspection services contract to Warren C.
Siecke, Transportation and Traffic Engineering, for the
installation of traffic signals on Golden Springs Drive at: Carpio
Drive, Golden Prados Drive and Prospectors Road.
RECOMMENDATION:
That the City Council award the construction inspection services
for the traffic signals installation on Golden Springs Drive to
Warren C. Siecke, Transportation and Traffic Engineering, in an
amount of $13,230.00 plus a contingency amount of $1,000.00.
FINANCIAL SUMMARY:
The construction inspection services will be funded by the $372,000
of Gas Tax Funds allocated for this project. $13,2230.00
represents 6% of the construction costs ($218,000).
BACKGROUND/DISCUSSION:
On March 21, 1995, the Department of Public Works solicited
proposals from the City's four retained Traffic Consultant firms to
provide construction inspection services for the installation of
new traffic signals on Golden Springs Drive at: Carpio Drive,
Golden Prados Drive and Prospectors Road.
The three proposed traffic signals will be concurrently constructed
during an 80 calendar day period. Inspection Services for the
traffic signal installations encompasses having an observer in the
field documenting the construction work, preparing a daily diary,
noting any deviations from the plans and specifications and
responding to the Contractor's questions and requests for
information and preparation of the final record drawings for the
traffic signals.
Three (3) proposals were received and were carefully reviewed by
1
TRAFFIC SIGNALS
CONSTRUCTION INSPECTION SERVICES
PAGE TWO
staff from Public Works. Linscott, Law, & Greenspan does not
provide construction inspection services. Staff checked references
of previous inspection work done on signals by Austin -Foust and DKS
and found the responses to be acceptable. Staff have previously
worked with Warren Siecke who provided inspection services for the
installation of Brea Canyon Road/Pathfinder, Diamond Bar
Boulevard/ Fountain Springs Road and Diamond Bar Boulevard/ Shadow
Canyon Drive traffic signals.
The hourly rate for the inspector is $73.50, $75.00 and $106.25 for
Warren Siecke, Austin -Foust and DKS respectively. Based on 180
hours of inspection time, the cost ranges from $13,230.00 to
$19,125.00. After the entire evaluation process, staff recommends
that the City retain Warren C. Siecke, Transportation and Traffic
Engineering, to provide construction inspection services for these
new Golden Springs Drive traffic signals.
PREPARED BY:
Anne M. Garvey
C:\NP60\LINDAKAY\CCR-95\TSINSP.330
2
714-779-1644 WARREN C SIECKE 834 P01 MAR 29 195 16:51
qVahkell C. Steefee
TRANSPORTATION AND TRAFFIC ENGINEERING
March2901995
Mr. David Liu, P.E.
Senior Engineer
City ofDiamondBar
21660 East Copley Drive
Diamond Bar, CA 91765-4177
SUBJECT: Traffic Engineering Services
Golden Springs Drive and GoldenPrados Drive
Golden Springs Drive and Prospectors Road
Golden Springs Drive and Carpio Drive
Dear David:
I am pleased to submit this proposal to provide professional traffic engineering services for
construction inspection ofthe subjecttraffio signal installations.
Mr. John Huie will be assigned as the inspector. W. Huie is thoroughly familiar with traffic signal
construction based on his twenty-five years experience in the field He has gained a knowledge of
city procedures and preferences through his inspection of the last four signal installations in the city.
Lastly, he is intinnately familiar with the conditions at each intersection through his work on the
design. His review of all underground utilities during the design will allow him to guide the
contractor and thereby avoid utility conflicts which is one of the major sources of problems during
construction.
Our fee will be computed on a time and material basis using the category two rates in our current
traffic engineering services agreement. Based on an estimated total of 190 hours at $73.50 per hour,
the total fee is estimated to not exceed $13,230.00.
Ifyou need additional information, please call me.
Sincerely,
warren C. Siecke, P.E.
20142 CANYON DR., YORBA LINDA, CA 02686 • 7141970-8247 a FAX 779-1644
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this lst day of November
19 q4 _, between the City of Diamond Bar, a Municipal Corporation
(hereinafter referred to as "CITY") and Warren C. Siecke,
Transportation and Traffic Engineering (hereinafter referred to as
"CONSULTANT").
A. Recitals.
(i) CONSULTANT is qualified to provide professional
services with respect to Traffic and Transportation Engineering
Services ("Project" hereafter) to CITY as an independent
contractor.
(ii) CONSULTANT has now submitted its proposal for the
performance of such services, a full, true and correct copy of
which is attached hereto as Exhibit "A" and by this reference made
a part hereof.
(iii) CITY desires to retain CONSULTANT to provide
traffic and transportation engineering services to CITY, CITY's
City Council, and staff on an as -needed basis for a period of two
years commencing November 2, 1994 and ending November 2, 1996.
(iv) CONSULTANT represents that it is qualified to
perform such services and is willing to perform such professional
services as hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and
CONSULTANT as follows:
B. Agreement.
1. Definitions: The following definitions shall apply
1
to the following terms, except where the context of this Agreement
otherwise requires:
(a) Activities: The preparation of the traffic and
transportation investigations, reports, review, or design of
traffic and/or transportation facilities as requested by the CITY
which may'. include preparation of maps, surveys, reports, and
documents, the preparation, both oral and in writing, of such
plans, maps, surveys, reports and documents to CITY as required and
attendance at any and all work sessions, public hearings and other
meetings conducted by CITY with respect to the project.
(b) Services: Such professional services as are
necessary to be performed by CONSULTANT in order to complete the
assigned Project.
(c) Completion of Project: The date of completion
of all phases of the Activities, including any and .all procedures,
development plans, maps, surveys, plan documents, technical
reports, meetings, oral presentations and attendance by CONSULTANT
at public hearings will be mutually agreed upon by CITY and
CONSULTANT.
2. CONSULTANT agrees as follows:
(a) CONSULTANT shall forthwith undertake and
complete the project in accordance with Exhibit "A" hereto and all
in accordance with Federal, State and CITY statues, regulations,
ordinances and guidelines, and professional standards, all to the
reasonable satisfaction of CITY and in accordance with the standard
of care normally provided by practioners of the engineering
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profession.
(b) CONSULTANT shall supply copies of all maps,
surveys, reports, plans and documents (hereinafter collectively
referred to as "documents") including all supplemental technical
documents, as described in Exhibit "A" to CITY within the time
specified by CITY. CITY may thereafter review and forward to
CONSULTANT comments regarding said documents and CONSULTANT shall
thereafter make such revisions to said documents as are deemed
necessary. CITY shall receive revised documents in such form and
in the quantities determined necessary by the CITY. The time
limits set forth pursuant to this Section B2. (b) may be extended
upon written approval of CITY.
(c) CONSULTANT shall, at CONSULTANTfs sole cost and
expense, secure and hire such other persons as may, in.the opinion
of CONSULTANT, be necessary to comply with the, terms of this
Agreement. In the event any such other persons are retained by
CONSULTANT, CONSULTANT hereby warrants that such persons shall be
fully qualified to perform services required hereunder. CONSULTANT
further agrees that no subcontractor shall be retained by
CONTRACTOR except upon the prior written approval of CITY.
(d) CONSULTANT shall submit an updated hourly rate
schedule at the beginning of Fiscal Year 1994-95 and 1995-96. This
schedule shall reflect the fully loaded hourly rates for all staff
classifications who will be involved with the Project. CITY will
negotiate Agreement based on the updated hourly rate schedule for
each fiscal year. If no updated hourly rate schedule is submitted
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by CONSULTANT, CITY will utilize previously submitted hourly rate
schedule.
3. CITY agrees as follows:
(a) To pay CONSULTANT either as lump sum or on
time -and -material basis for the performance of the services
required hereunder. This sum shall cover the cost of all staff
time and all other direct and indirect costs or fees, including the
works of employees, consultants and subcontractors to CONSULTANT.
Payment to CONSULTANT, by CITY, shall be made in accordance with
the schedule set forth below.
(b) Payments to CONSULTANT shall be made by CITY in
accordance with the invoices submitted by CONSULTANT, within thirty
(30) days of receipt of the invoices. All charges shall be in
accordance with CONSULTANT"s proposal either with respect to hourly
rates or lump sum amounts for individual projects.,
(c) CONSULTANT agrees that, in no event, shall CITY
be required to pay to CONSULTANT any sum in excess of 95% of the
maximum payable hereunder prior to receipt by CITY of all final
documents, together with all supplemental documents, as described
herein acceptable in form and content to CITY. Final payment shall
be made not later than thirty (30) days after submittal of final
documents and acceptance thereof by CITY.
(d) Additional services: Payments for additional
services requested, in writing, by CITY, and not included in
CONSULTANT°s proposal as set forth in Exhibit All hereof, shall be
paid on a time -and -material reimbursement basis in accordance with
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the fee schedule set forth in said Exhibit "A". Charges for
additional services shall be invoiced monthly and shall be paid by
CITY within thirty (30) days after said invoices are received by
CITY.
4. CITY agrees to provide to CONSULTANT:
(a) Information and assistance as set forth in
Exhibit "A" hereto.
(b) Photographically reproducible copies of maps
and other information, if available, which CONSULTANT considers
necessary in order to complete the Activities.
(c) Such information as is generally available from
CITY files applicable to the Activities.
(d) Assistance, if necessary, in obtaining
information from other governmental agencies. and/or private
parties. However, it shall be CONSULTANT's responsibility to make
all initial contact with respect to the gathering of such
information.
5. Ownership of Documents: All documents, data,
studies, surveys, drawings, maps, models, photographs and reports
prepared by CONSULTANT pursuant to this Agreement shall be
considered the property of CITY and, upon payment for services
performed by CONSULTANT, such documents and other identified
materials shall be delivered to CITY by CONSULTANT. CONSULTANT
may, however, make and retain such copies of said documents and
materials as CONSULTANT may desire. CONSULTANT shall not be held
liable for use of such documents by CITY for purposes other than
5
intended by the Agreement.
6. Termination: This Agreement may be terminated by
CITY upon the giving of a written "Notice of Termination" to
CONSULTANT at least fifteen (15) days prior to the date of
termination specified in said Notice. In the event this Agreement
is so terminated, CONSULTANT shall be compensated at CONSULTANT"s
applicable hourly rates as set forth in Exhibit "A" or on a
pro -rata basis with respect to the percentage of the Project
completed as of the date of termination. In no event, however,
shall CONSULTANT receive more than the maximum specified in
paragraph 3(a), above. CONSULTANT shall provide to CITY any and all
documents, data, studies, surveys, drawings, maps, models,
photographs and reports, whether in draft or final form, prepared
by CONSULTANT as of the date of termination. CONSULTANT may
terminate this Agreement by providing a written notice of
termination to CITY at least thrity (30) days prior to date of
termination specified in said notice.
7. Notices and Designated Representatives: Any and all
notices, demands, invoices and written communications between the
parties hereto shall be addressed as set forth in this paragraph 7.
The below named individuals, furthermore, shall be those persons
primarily responsible for the performance by the parties under this
Agreement: Terrence L. Belanger, City Manager
City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
Warren C. Siecke
20142 Canyon Drive
Yorba Linda, CA 92686
6
Any such notices, demands, invoices and written communications, by
mail, shall be deemed to have been received by the addressee
forty-eight (48) hours after deposit thereof in the United states
mail, postage prepaid and properly addressed as set forth above.
8. Insurance: CONSULTANT shall neither commence work
under this Agreement until it has obtained all insurance required
hereunder in a company or companies acceptable to CITY nor shall
CONSULTANT allow any subcontractor to commence work on a
subcontract until all insurance required of the subcontractor has
been obtained. CONSULTANT shall take out and maintain at all time
during the term of this Agreement the following policies of
insurance:
(a) Workers' Compensation Insurance: Before
beginning work, CONSULTANT shall furnish to CITY a certificate of
insurance as proof that it has taken out full workers' compensation
insurance for all persons whom it may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California.*
In accordance with the provisions of California
Labor Code Section 3700, every employer shall secure the payment of
compensation to his employees. CONSULTANT prior to commencing
work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of
Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self insurance
in accordance with the provisions of that Code, and I will comply
7
with such provisions before commencing the performance of the work
of this Agreement".
(b) Public Liability and Property Damage: Tnrougnouz
the term of this Agreement, at CONSULTANT's sole cost and expense,
CONSULTANT shall keep, or cause to be kept, in full force and
effect, for the mutual benefit of CITY and CONSULTANT,
comprehensive, broad form, general public liability and automobile
insurance against claims and liabilities for personal injury,
death, or property damage arising from CONSULTANT's activities,
providing protection of at least Five Hundred Thousand Dollars
($500,000.00) for property damage, bodily injury or death to any
one person or for any one accident or occurrence and at least Five
Hundred Thousand Dollars ($500,000.00) aggregate.
(c) Errors and Omissions: CONSULTANT shall take
out and maintain at all times during the life of this Agreement, a
policy or policies of insurance concerning errors and omissions
("malpractice") providing protection of at least Five Hundred
Thousand Dollars ($500,000.00) per claim and in the aggregate for
errors and omissions ("malpractice") with respect to loss arising
from actions of CONSULTANT performing services hereunder on behalf
of CITY.
(d) General Insurance Requirements: All insurance
required by express provision of this Agreement shall be carried
only in responsible insurance companies licensed to do business in
the State of California and policies required under paragraphs
8.(a) and (b) shall name as additional insured CITY, its elected
8
officials, officers, employees, agents and representatives. All
policies shall contain language, to the effect that: (1) the
insurer waives the right of subrogation against CITY and CITY's
elected officials, officers, employees, agents and representatives;
(2) the policies are primary and noncontributing with any insurance
that may be carried by CITY; and ( 3 ) they cannot be canceled or
materially changed except after thirty (30) days' notice by the
insurer to CITY by certified mail. CONSULTANT shall furnish CITY
with copies of all such policies promptly upon receipt of them, or
certificate evidencing the insurance. CONSULTANT may effect for
its own account insurance not required under this Agreement.
9. Indemnification: CONSULTANT shall defend, indemnify
and save harmless CITY, its elected and appointed officials,
officers, agents and employees, from all liability. from loss,
damage or injury to persons or property, including. the payment by
CONSULTANT of any and all legal costs and attorneys' fees, in any
manner arising out of the negligent, intentional and/or willful
acts and/or omissions of CONSULTANT pursuant to. this Agreement,
including, but not limited to, all consequential damages, to the
maximum extent permitted by law.
10. Assignment: No assignment of this Agreement or of
any part or obligation of performance hereunder shall be made,
either in whole or in part, by CONSULTANT without the prior written
consent of CITY.
11. Independent Contractor: The parties hereto agree
that CONSULTANT and its employers, officers and agents are
9
independent contractors under this Agreement and shall not be
construed for any purpose to be employees of CITY.
12. Governing Law: This Agreement shall be governed by
and construed in accordance with the laws of the State of
California.
13. Attorney's Fees: In the event any legal proceeding
is instituted to enforce any term or provision of the Agreement,
the prevailing party in said legal proceeding shall be entitled to
recover attorneys' fees and costs from the opposing party in an
amount determined by the court to be reasonable.
14. Danaaes: In the event that CONSULTANT fails to
submit to CITY the completed project, together with all documents
and supplemental material required hereunder, in public hearing
form to the reasonable satisfaction of CITY, within the time set
forth herein, or as may be extended by written consent of the
parties hereto, CONSULTANT shall pay to CITY, as liquidated damages
and not as a penalty, the sum of One Hundred Dollars ($100.00) per
day for each day CONSULTANT is in default, which sum represents a
reasonable endeavor by the parties hereto to estimate a fair
compensation for the foreseeable losses that might result from such
a default in performance by CONSULTANT, and due to the difficulty
which would otherwise occur in establishing actual damages
resulting from such default, unless said default is caused by CITY
or by acts of God, acts of the public enemy, fire, floods,
epidemics, or quarantine restrictions.
15. Mediation: Any dispute or controversy arising under
10
this Agreement, or in connection with any of the terms and
conditions hereof, shall be referred by the parties hereto for
mediation. A third party, neutral mediation service shall be
selected, as agreed upon by the parties and the costs and expenses
thereof shall be borne equally by the parties hereto. In the event
the parties are unable to mutually agree upon the mediator to be
selected hereunder, the City Council shall select such a neutral,
third party mediation service and the City Council's decision shall
be final. ' The parties agree to utilize their good faith efforts to
resolve any such dispute or controversy so submitted to mediation.
It is specifically understood and agreed by the parties hereto that
referral of any such dispute*or controversy, and mutual good faith
efforts to resolve the same thereby, shall be conditions precedent
to the institution of any action or proceeding, whether at law or
in equity with respect to any such dispute or controversy.
16. Entire Aareement: This Agreement supersedes any and
all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement, or
promise not contained in this Agreement shall be valid and binding.
Any modification of this Agreement shall be effective only if it is
in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first set forth above:
11
CONSULTANT
Name
1�el*C //�'iLv—
Title
APPROVED AS TO FORM: CIT OF Df WND BAR
7
City Attorney ,Ma
ATTEST:
ty -Cler
12
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 7, 1995 REPORT DATE: March 27, 1995
FROM: Bob Rose, Community Services Director
TITLE: Approval of the Pantera Park project agreement with Los Angeles County Regional Park and
Open Space District Specified Project Grant Program in the amount of $1.47 million dollars.
SUMMARY: At its meeting on November 1, 1994, the City Council adopted Resolution No. 93-54A
approving the application for $1.47 million dollars from the Los Angeles County Regional Park and Open
Space District Specified Project Grant Program for the design and development of Pantera Park. Grant
funding has been approved for the total amount requested and the agreement to receive the funding is
ready for City Council action.
RECOMMENDED ACTION: It is recommended that the City Council approve the Pantera Park project
agreement with the Los Angeles County Regional Park and Open Space District Specified Project Grant
Program in the amount of $1.47 million dollars.
LIST OF ATTACHMENTS: X Staff Report
Resolution(s)
_ Ordinance(s)
_2L Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
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:
REVIEWED BY:
4erlre�VceL. Belanger
City Manager
X Yea
No
X Yes
No
Yes
. X No
X Yes
No
Parks & Recreation Commission
Yes
X No
rank M. ts&ef Bob Rose
Assistant City Manager Community Services Director
Project Agreement
Los Angeles County Regional Park and Open Space District Grant
Specified Project Grant Program
(From Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth
Recreation, Beaches and Wildlife Protection ("the Proposition"), which voters approved on November 3, 1992)
The Applicant listed below ("Applicant") and the Los Angeles County Regional Park and Open
Space District ("the District") do hereby enter into this Project Agreement ("this Agreement"),
and under the terms and conditions of this Agreement, Applicant agrees to complete the project
as described in the Description of Project and the District, acting through the Director of the
County of Los Angeles Department of Parks and Recreation and pursuant to the Proposition,
agrees to fund the project up to the total grant amount indicated.
Applicant: City of Diamond Bar
Project Name: Pantera Park
Grant Amount: One million, four hundred seventy thousand dollars ($1,470,000)
Awarded pursuant to Section(s) 8.b.2.J of the Proposition.
Description of Project:
Design and construction of the first phase of the Pantera Park development.
Project Performance Period: FROM November 3, 1992 TO September 30, 1997
Page 1
Los Angeles County Regional Park & Open Space District
Project Agreement
Special Provisions
A. Landscaping shall use drip irrigation systems and shall use drought -resistant or
xerophytic trees, plants, lawn or sod, unless Applicant can show, to the District's
satisfaction that it is infeasible to do so.
General Provisions
A. Definitions
The term "Applicant" as used herein means the party described as Applicant on
Page 1 of this Agreement.
2. The term "Application" as used herein means the individual application, and its
required attachments, for the grant identified on Page 1 of this Agreement.
3. The term "Board of Supervisors" means the County of Los Angeles Board of
Supervisors, acting in its capacity as the governing body of the District.
4. The term "District" as used herein means the Los Angeles County Regional Park and
Open Space District. Unless otherwise specified, the Director of the County of Los
Angeles Department of Parks and Recreation shall administer this contract on behalf`
of the District.
5. The term "Procedural Guide" as used herein means the Procedural Guide(s), and any
subsequent amendments or changes thereto, issued by the District for grants awarded
pursuant to the section(s) of the Proposition as described on Page 1 of this
Agreement.
6. The term "Project" as used herein means the Project that is described on Page 1 of this
Agreement.
7. The term "Proposition" as used herein means Los Angeles County Proposition A,
Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth
Recreation, Beaches and Wildlife Protection, which voters approved on
November 3, 1992.
B. Project Execution
1. Subject to the availability of grant monies from the Proposition, the District hereby
grants to the Applicant a sum of money (grant monies) not to exceed the amount
stated on Page 1 in consideration of, and on the condition that the sum be expended in
carrying out, the purposes set forth in the Description of Project on Page 1 and under
the terms and conditions set forth in this Agreement, the Proposition (see Attachment
A) and the attached Application (see Attachment B).
Applicant agrees to furnish any additional funds that may be necessary to complete
the Project. Applicant agrees to budget and appropriate annually, in each fiscal year
Page 2
Los Angeles County Regional Park & Open Space District
Project Agreement
until completion of the Project, an amount equal to the total estimated cost of the
Project less the grant amount stated on Page 1 of this Agreement.
2. The term of this Agreement is from the date of execution by both parties through
June 30, 2015.
3. Applicant agrees to complete the Project in accordance with the time of Project
performance as set forth on Page 1, and under the terms and conditions of this
Agreement and the Procedural Guide. The time of Project performance may be
extended upon mutual agreement, in writing, of the Applicant and District.
4. Applicant shall comply as lead agency with the California Environmental Quality
Act, Public Resources Code, Section 21000, et. seq. Prior to submitting requests for
reimbursement of actual construction or acquisition costs, Applicant agrees to file
with the District a copy of the Environmental Impact Report or Negative Declaration
along with a response from the State Clearinghouse, if required; and a copy of the
Notice of Determination filed with, and stamped by, the County Clerk, or a copy of
the Notice of Exemption filed with, and stamped by, the County Clerk if the Project
is categorically exempt.
5. Applicant agrees that, prior to incurring actual development and/or acquisition costs,
it will submit all requested development and/or acquisition documents to the District
for prior review and approval (see Attachment C).
6. Applicant shall use monies allocated in this Agreement, to the maximum extent
practical, to employ youth from the community in which the Project is being carried
out. Applicant is encouraged, and has authority to use said monies, to provide funding
through agreements with community conservation corps, the California Conservation
Corps and other community organizations, particularly when youth can be employed
to work on restoration or rehabilitation projects being carried on in their own
communities. Such agreements shall be entered into solely for the accomplishment of
the Project described on Page 1 of this Agreement.
Therefore, prior to requesting reimbursement for actual construction, development or
acquisition costs, Applicant must submit a report to the District describing its efforts
to employ youth in the community. The report shall contain, at a minimum, the
number and approximate age of youth to be employed at each stage of the Project , a
description of the work the youth will perform, the process by which the youth shall
be employed, the amount the youth will be paid and, the name of any organizations or
agencies that will supply youth to be employed on the Project, as well as a description
of Applicant's efforts to employ youth in every stage of the Project (see Attachment
D).
Applicant must comply fully with all State and Federal laws regarding the
employment of youth on the Project. Youth is defined as persons between the ages of
14 and 21, inclusive.
Page 3
Los Angeles County Regional Park & Open Space District
Project Agreement
Notwithstanding the above, the District reserves the right to establish goals for the
employment of youth if, in the District's opinion, it is necessary to do so in order to
accomplish the purposes of the Proposition.
7. Applicant agrees to file with the District copies of any contracts or agreements
executed for work on the Project. Applicant further agrees that it will make a good
faith effort to recruit and promote minority-owned and women -owned businesses to
participate in the process for the award of any contracts or agreements executed for
work on the Project.
Therefore, when filing with the District a copy of any contract or agreement for work
on the Project, said copy will be accompanied, at a minimum, by a description of the
process used for identifying minority and women contractors or vendors; a list of
firms from which the Applicant solicited or received offers; and comparative statistics
regarding the minority and women participation and percentage of minority and
women ownership of each contractor and subcontractor working on the Project (see
Attachment E). In addition, said copy will be accompanied by a statement affirming
that, on final analysis and consideration of award, contractor or vendor was selected
without regard to race, color, creed or gender, unless City, State or Federal laws'
and/or regulations or court decisions require otherwise, in which case the Applicant
will state the applicable reason. Applicant further agrees to retain on file, and to
make available to the District on request, statistical information regarding the
minority and women participation and percentage of minority and women ownership
in each firm participating in the bidding process.
8. Applicant agrees to secure completion of the development work in accordance with
the approved development plans and specifications or force account schedule.
9. Applicant agrees to permit the District to make periodic site visits to determine if
development work is in accordance with the approved plans and specifications, or
force account schedule, including a final inspection upon Project completion.
10. Any modification or alteration in the Project, as set forth in the Application on file
with the District, must be submitted, in writing, to the District for prior approval. No
modification shall be effective until and unless the modification is executed by both
Applicant and the District.
11. If the Project includes acquisition of real property, Applicant agrees to comply with
Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the
Government Code and any applicable federal, state, or local laws or ordinances.
Documentation of such compliance will be made available for review upon the
District's request.
12. If the Project includes acquisition of real property, Applicant agrees to furnish the
District preliminary title reports respecting such real property or such other evidence
of title that the District determines to be sufficient. Applicant agrees in negotiated
Page 4
Los Angeles County Regional Park & Open Space District
Project Agreement
purchases to correct, prior to or at the close of escrow, any defects of title that in the
opinion of the District might interfere with the operation of the Project. In
condemnation actions, such title defects must be eliminated by the final judgment.
C. Project Costs
The grant money provided under this program may be disbursed as follows:
1. If the Project includes acquisition of real property, the District may disburse to
Applicant the grant monies as follows, but not to exceed, in any event, the District
grant amount set forth on Page 1 of this Agreement:
a. When acquisition is by negotiated purchase, the District may disburse
the amount of the District -approved purchase price together with
District -approved costs of acquisition. The District -approved purchase
price shall not exceed the value contained in a valid appraisal report,
unless the District agrees, in advance, to the higher price.
b. When acquisition is allowed pursuant to the Proposition through
eminent domain proceedings, the District may disburse the amount of ,
the total award, as provided for in the final order of condemnation,
together with District -approved costs of acquisition. Applicant shall
bear all costs and make all advances associated with obtaining an order
of immediate possession in an eminent domain proceeding.
c. In the event Applicant abandons such eminent domain proceedings,
Applicant agrees that it shall bear all costs in connection therewith and
that no grant monies shall be disbursed for such costs.
2. If the Project includes development, after the completion of the Project or any phase
or unit thereof, the District will disburse funds to Applicant only after the District has
reviewed and approved all requested development documents and has received from
Applicant a statement of incurred costs. The District may disburse funds in the
amount of District -approved incurred costs shown on such statement, but not to
exceed the District grant amount set forth on Page 1 of this Agreement, or any
remaining portion of the grant amount.
The statements to be submitted by Applicant shall set forth in detail the incurred costs
of work performed on development of the Project and whether performance was by
construction contract or by force account. Statements shall not be submitted more
frequently than once a month, unless the District requests otherwise.
The District must approve modifications of the development plans and specifications
and/or force account schedule prior to any deviation from the District -approved plans
and specifications, and/or force account schedule, unless previously authorized by the
District.
Page 5
Los Angeles County Regional Park & Open Space District
Project Agreement
3. The District may retain up to ten (10) percent of the grant amount pending project
completion and verification that the Applicant has satisfied all terms and conditions
of this Agreement. Within three (3) months of Project completion, Applicant must
submit final project documents (see Attachment Q. The District will not make final
payment, including but not limited to the ten percent retention, until it has received all
closing documents from the Applicant and has made a final Project inspection. At the
District's discretion, the District also may perform an audit of Applicant's Project
expenditures before final payment is made. Nothing in this section precludes the
District from performing an audit of Project expenditures at a later date in accordance
with Section I of this Agreement.
D. Project Administration
1. Applicant agrees to promptly submit any reports that the District may request. In any
event, Applicant shall provide to the District a report showing total final Project
expenditures.
2. Applicant agrees that property and facilities acquired or developed pursuant to this
Agreement shall be available for inspection upon the District's request.
3. Applicant agrees to use any monies disbursed by the District under the terms of this
Agreement solely for the Project herein described.
4. Applicant agrees that any gross income earned from non -recreational uses of a Project
shall be used for recreation development, additional acquisition, operation or
maintenance at the Project site, unless the District approves otherwise in writing.
Applicant also agrees that any gross income that accrues to a grant -assisted
development Project during and/or as part of the construction, from sources other than
the intended recreational uses, also shall be used for 'further development of that
particular Project.
5. Applicant agrees to submit for prior District review and approval any and all existing
or proposed operating agreements, leases, concession agreements, management
contracts or similar arrangements with non-governmental entities, and any existing or
proposed amendments or modifications thereto, as they relate to the project or the
project site for a period of twenty (20) years from the date of this Agreement.
Applicant further agrees not to enter into any contract, agreement, lease or similar
arrangement, or to agree to any amendment or modification to an existing contract,
agreement, lease or similar arrangement, that, in the District's opinion, violates federal
regulations restricting the use of funds from tax-exempt bonds.
6. Applicant agrees that, upon entering into any contract for the construction,
maintenance, operation or similar activity related to the Project, Applicant will
require said contractor to carry adequate insurance required by the District and
naming the District as an additional insured. In addition, said insurance must require
Page 6
Los Angeles County Regional Park & Open Space District
Project Agreement
that Applicant and the District be given thirty (30) days advance written notice of any
modification or cancellation of said insurance. Applicant agrees to submit proof of
such insurance to the District for its prior approval.
7. Applicant and each County lobbyist or County lobbying firm, as defined in Los
Angeles County Code Section 2.160.010, retained by Applicant, shall fully comply
with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160.
Failure on the part of Applicant or any County lobbyist or County lobbying firm to
fully comply with the County Lobbyist Ordinance shall constitute a material breach
of this Agreement, upon which the District may terminate or suspend this Agreement.
8. Applicant and District will conform to the requirements of Government Code
Section 6250, et seq. in making all documents relating to this Agreement, the grant
obtained and all other related matters available for public review during regular
business hours. In the case that the Project involves acquisition of property,
however, both the District and Applicant may withhold from public review any and
all documents exempted under Section 6254, subsection (h), prior to completion of
said acquisition.
In the event that the District is required to defend an action on a Public Records Act
request for any of the contents of an Applicant's submission under the terms and
conditions of the Agreement, Applicant agrees to defend and indemnify the District
from all costs and expenses, including attorneys' fees, in any action or liability arising
under the Public Records Act.
9. In order to maintain the exclusion from gross income for federal income tax purposes
of the interest on any bonds, notes or other evidences of indebtedness issued for the
purpose of providing the grant monies made available in this Agreement, Applicant
covenants to comply with each applicable requirement of Section 103 and Sections
141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In
furtherance of the foregoing covenant, Applicant hereby agrees that it will not,
without the prior written consent of the District, (a) permit the use of any portion of
the Project by any private person or entity, other than on such terms as may apply to
the public generally; or (b) enter into any contract for the management or operation of
the Project or any portion thereof, except with a governmental agency or a nonprofit
corporation that is exempt from federal income taxation pursuant to Section 501(c)(3)
of the Internal Revenue Code.
10. If Applicant sells or otherwise disposes of property acquired or developed with grant
monies provided under this Agreement, Applicant shall reimburse the District in an
amount equal to the greater of 1) the amount of grant monies provided under this
Agreement; 2) the fair market value of the real property; or 3) the proceeds from the
portion of the property acquired, developed, improved, rehabilitated or restored with
grant monies.
Page 7
Los Angeles County Regional Park & Open Space District
Project Agreement
If the property sold or otherwise disposed of is less than the entire interest in the
property originally acquired, developed, improved, rehabilitated or restored with the
grant monies, then Applicant shall reimburse the District an amount equal to the
greater of. 1) an amount equal to the proceeds; or 2) the fair market value.
11. With the written consent of the District, the Applicant may transfer property acquired,
developed, improved, rehabilitated or restored with funds granted under this
Agreement to another public agency; to a nonprofit organization authorized to
acquire, develop, improve or restore real property for park, wildlife, recreation, open
space, or gang prevention and intervention purposes; or to the National Park Service,
provided that any proposed successor agrees to assume the obligations imposed under
the Proposition and to accept assignment of this Agreement. Under these conditions,
the Applicant shall not be required to reimburse the District as described in Section D,
Paragraph 10 of this Agreement.
E. Project Termination
1. Applicant may unilaterally rescind this Agreement at any time prior to the
commencement of the Project. After Project commencement, this Agreement may be.
rescinded, modified or amended by mutual agreement in writing.
2. Failure by the Applicant to comply with the terms of this Agreement, or any other
agreement established pursuant to the Proposition, may be cause for suspension of all
obligations of the District hereunder.
3. Failure of the Applicant to comply with the terms of this Agreement shall not be
cause for the suspension of all obligations of the District hereunder if, in the judgment
of the District, such failure was beyond the reasonable control of the Applicant. In
such case, any amount required to settle, at minimum cost, any irrevocable
obligations properly incurred shall be eligible for reimbursement under this
Agreement.
4. The Applicant's full compliance with the terms of this Agreement will have
significant benefits to the District, and to the property and quality of life therein,
through the preservation and protection of beach, wildlife, park, recreation and natural
lands of the District, provision of safer recreation areas for all residents, prevention of
gangs, development and improvement of recreation facilities for senior citizens, the
planting of trees, construction of trails, and/or restoration of rivers and streams.
Because such benefits exceed, to an immeasurable and un -ascertainable extent, the
amount of grant monies that the District furnishes under the provisions of this
Agreement, the Applicant agrees that payment by the Applicant to the District of an
amount equal to the amount of the grant monies disbursed under this Agreement by
the District would be inadequate compensation to the District for any breach by the
Applicant of this Agreement. The Applicant further agrees, therefore, that the
appropriate remedy in the event of a breach by the Applicant of this Agreement shall
Page 9
Los Angeles County Regional Park & Open Space District
Project Agreement
be the specific performance of this Agreement, unless otherwise agreed to by the
District. Nothing in this Section shall limit in any way the District's legal or equitable
remedies under this Agreement.
Applicant and the District agree that, if the Project includes development, final
payment may not be made until the Project conforms substantially with this
Agreement and is a usable public facility.
F. Payment of Funds
1. Applicant may request reimbursement from the District for eligible expenses, which
the Applicant has properly incurred and paid, no more frequently than every thirty
(30) days. Applicant shall submit reimbursement requests on District -provided
Payment Request Forms, including the applicable attachments.
All Payment Request Forms should be sent to:
The Regional Park and Open Space District
c/o The Department of Parks and Recreation
433 South Vermont Avenue, Fourth Floor
Los Angeles, California 90020
2. Applicant should submit its payment request prior to the fifteenth day of the month to
receive reimbursement within four to six weeks. The District may hold Payment
Request Forms received after the fifteenth of the month until the next month, which
may result in reimbursements being delayed.
3. The District may withhold a portion of the amount of reimbursement if, in the opinion
of the District, an expenditure is not eligible under the terms and conditions of this
Agreement, the Proposition, the Application or the Procedural Guide. In such cases
the District shall notify the Applicant of the amount of expenditures declared
ineligible and the reason(s) for the ineligibility. Applicant, within thirty (30) days of
notification, may dispute the District's decision, in writing, to the District and provide
records and/or documentation to support its claim. The District shall review the
information and/or documentation provided and will notify Applicant of its final
determination. If Applicant fails to dispute the findings, in writing, within the thirty
day period, than the Applicant shall have waived its right to dispute the findings.
G. Hold Harmless and Indemnification
Applicant shall indemnify, defend and hold the District harmless from and against
any and all liability to any third party for or from loss, damage or injury to persons or
property. in any manner arising out of, or incident to, the performance of this
Agreement or the planning, arranging, implementing, sponsoring or conducting of the
Project or any other operation, maintenance or activity by the Applicant.
Page 9
Los Angeles County Regional Park & Open Space District
Project Agreement
2. The District shall have no liability for any debts, liabilities, deficits or cost overruns
of the Applicant.
3. Applicant and District agree that the liability of the District hereunder shall be limited
to the payment of the grant monies pursuant to the terms and conditions of this
Agreement and the Procedural Guide. Any contracts entered into, or other obligations
or liabilities incurred by, the Applicant in connection with the Project or otherwise
relating to this Agreement shall be the sole responsibility of the Applicant, and the
District shall have no obligation or liability whatsoever thereunder or with respect
thereto.
H. Independent Grantee
This Agreement is by and between the Los Angeles County Regional Park and Open
Space District and Applicant and is not intended, and shall not be construed, to create the
relationship of agent, servant, employee, partnership, joint venture or association between
the District and Applicant.
I. Financial Records
1. Applicant agrees to maintain satisfactory financial accounts, documents and records
for the Project and to make them available to the District for auditing at reasonable
times. Applicant also agrees to retain such financial accounts, documents and records
for five (5) years following Project termination or completion.
Applicant and the District agree that during regular office hours, each of the parties
hereto and their duly authorized representatives shall have the right to inspect and
make copies of any books, records or reports of the other party pertaining to this
Agreement or matters related thereto. Applicant agrees to maintain, and make
available for District inspection, accurate records of all its costs, disbursements and
receipts with respect to its activities under this Agreement.
2. Applicant agrees to use an accounting system that complies with generally accepted
accounting principles.
3. At any time during the term of this Agreement or at any time within five years after
the expiration or prior termination of this Agreement, authorized representatives of
the District may conduct an audit of Applicant for the purpose of verifying
appropriateness and validity of expenditures that Applicant has submitted to the
District for reimbursement under the terms of this Agreement. If said audit reveals
expenditures that cannot be verified or that were paid in violation of the terms of this
Agreement, the Proposition or the Procedural Guide, the District may, at its
discretion, reduce the grant amount by an amount equal to these expenditures.
Applicant, within thirty (30) days of notification that an audit has resulted in the
exception of expenditures, may dispute the audit findings in writing to the District
and provide the District with records and/or documentation to support the expenditure
Page 10
Los Angeles County Regional Park & Open Space District
Project Agreement
claims. The District shall review this documentation and make a final determination
as to the validity of the expenditures.
If Applicant has received all grant monies prior to the audit, or if remaining grant
monies are insufficient, and if said audit reveals expenditures that cannot be verified
or that were paid in violation of the terms of this Agreement, the Proposition or the
Procedural Guide, Applicant shall pay the District an amount equal to these
expenditures within sixty (60) days after receiving written notification of the
expenditures disallowed and the reason for the disallowance.
Notwithstanding Government Code Section 907, in the event that Applicant fails to
repay the District in full for the amount of excepted expenditures, the District may
offset an amount equal to the excepted expenditures from any monies that may be due
to Applicant under the terms and conditions of the Proposition. Through the
execution of this Agreement, Applicant waives its rights under Government Code
Section 907.
J. Use of Facilities
1. Applicant agrees to use the property acquired or developed with grant monies under
this Agreement only for the purpose for which it requested District grant monies and
will not permit any other use of the area, except as allowed by specific act of the
Board of Supervisors as governing body of the District and under the terms and
conditions of the Proposition.
2. Applicant agrees to maintain and operate in perpetuity the property acquired,
developed, rehabilitated or restored with grant monies, subject to the provisions of the
Proposition. With the District's approval, the Applicant, or its successors in interest
in the property, may transfer the responsibility to maintain and operate the property in
accordance with the Proposition.
3. Applicant agrees to provide for reasonable public access to lands acquired in fee with
grant monies, including the provision of parking and public restrooms, except as
noted in the Special Conditions of this Agreement.
K. Nondiscrimination
1. The Applicant shall not discriminate against any person on the basis of race, color,
sex, sexual orientation, age, religious belief, national origin, marital status, physical or
mental handicap, medical condition, or place of residence in the use of any property
or facility acquired or developed pursuant to this Agreement.
2. All facilities shall be open to members of the public generally, except as noted under
the special provisions of the Project Agreement.
Page 11
Los Angeles County Regional Park & Open Space District
Project Agreement
L. Incorporation by Reference
The Application and its required attachments, and any subsequent change or addition
approved by the District, is hereby incorporated in this Agreement as though set forth in
full. The Procedural Guide, and any subsequent changes or additions thereto, and the
Proposition also are hereby incorporated in this Agreement as though set forth in full.
In the case of conflict, the District shall resolve the conflict with the precedence of
documents as follows: the Proposition, this Agreement and the Procedural Guide (earlier
named documents taking precedence over later named documents).
M. Severability
If any provision of this Agreement, or the application thereof, is held invalid, that
invalidity shall not affect other provisions or applications of the Agreement that can be
given effect without the invalid provision or application, and to this end the provisions of
this Agreement are severable.
No provision of this Agreement, or the application thereof, is waived by the failure of the
District to enforce said provision or application thereof.
IN WITNESS WHEREOF, Applicant and District have caused this Agreement to be executed
by their duly authorized
//
/1
H
//
//
[this space left blank intentionally]
Page 12
Los Angeles County Regional Park & Open Space District
Project Agreement
representatives as of the latter day, month and year written below.
APPLICANT:
M.
Signature of Authorized Representative
Title:
Date:
Approved as to Form:
DEWITT W. CLINTON
County Counsel
LOS ANGELES COUNTY REGIONAL
PARK & OPEN SPACE DISTRICT:
LIM
Date:
Page 13
Director, Parks and Recreation
Grant No. 58C7-95-0365
CITY OP DIAMOND BAR
AGENDA REPORT AGENDA NO.�-
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 4, 1995 REPORT DATE: March 28, 1995
FROM: Lynda Burgess, City Clerk
TITLE: Senate Bill 323 Amending the Public Records Act
SUMMARY: This bill, sponsored by Senator Quentin Kopp, fundamentally changes the definition
and purpose of the Public Records Act. Current law provides that "writings" be accessible to the public to
allow them to understand the conduct of the public's business; SB323 proposes that "data" be accessible to the
public to allow them to utilize the information. Problems with this bill include: lack of privacy protection
for citizens; expensive data processing costs; exposure to litigation against the City; no provision for security
of municipal data and/or computer systems, etc.
RECOMMENDATION: It is recommended that the City Council authorize the Mayor to notify State
legislators of the City's opposition to adoption of SB323.
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
_ Yes
-XL No
by the City Attorney?
2.
Does the report require a majority vote?
X Yes
_ No
3.
Has environmental impact been assessed?
_ Yes
No
4.
Has the report been reviewed by a Commission?
_ Yes
No
Which Commission?
5.
Are other departments affected by the report?
_ Yes
_ No
Report discussed with the following affected departments:
All
REVIEWED BY: DEPARTMENT HEAD:
Terrence L"Belanger Frank sher Q&a Burgess
City Manager Assistant City Manager City Clerk
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 4, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: SB323 - Public Records Act
ISSUE STATEMENT:
Oppose proposed legislation by Senator Quentin Kopp significantly amending
the Public Records Act.
RECOMMENDATION:
It is recommended that the City Council authorize the Mayor to notify State
legislators of the City's opposition to adoption of SB323.
FINANCIAL SUMMARY:
Fiscal impact unknown at this time; however, adoption of this legislation
would result in another unfunded State mandate.
BACKGROUND:
Senator Quentin Kopp unsuccessfully proposed legislation to significantly
alter the Public Records Act last year and has submitted a revised version
for adoption this year.
DISCUSSION:
The bill fundamentally changes the definition and purpose of the Public
Records Act. Current law provides that "writings" be accessible to the
public to allow them to understand the conduct of the public's business;
SB323 proposes that "data" be accessible to the public to allow them to
utilize the information. There are wide applications for government data,
from generating very inexpensive and accurate mailing lists, to the ability
to compare and analyze data in a very inexpensive, expedient manner.
Some of the many problems with SB323 are:
- Lack of privacy protection for citizens. SB323 would allow data
compiled for government administrative purposes to be utilized for
commercial and media purposes.
- Expensive data processing costs, including unfunded, mandated
"redaction" (erasing) of data. This would require the City to sift
Honorable Mayor and Members of the City Council
April 4, 1995
Page Two
through databases to erase the fields that are not public (e.g.
home telephone numbers) before the information is provided to the
requestor.
- Exposure to litigation. Immediate access to information is
required; all staff members must be thoroughly versed in the public
records exemptions (18 pages of exemptions in the new law). Unless
the employee has a reason to believe the record might be exempt,
SB323 requires immediate access to the record. It also requires
staff to identify the provision of law on which he or she based a
decision to provide or withhold a record. Without disclosure of
the specific Code citation, attorneys would be prohibited from
arguing a defense for the City in the event a lawsuit is filed
related to releasing or withholding records.
- No provision for security of municipal data and/or computer
systems.
PREPARED BY:
Lynd& Burgess, Cilty Clerk
6. I3
Interoffice
M E M O R A N D U M
TO: Honorable Mayor and Members of the City Council
From: Terrence L. Belanger, City Manager' i
Re: Request for Authorization to Dispose of Surplus City Property
Date: March 31, 1995
ISSUE STATEMENT:
What is the process by which obsolete City -owned property is declared surplus and
made available for sale?
BACKGROUND:
In 1993, the City purchased four (4) 15 -passenger Dodge Wideone shuttle vans from
Palos Verdes Transportation Authority at a total cost of $8,000.00 dollars. Funding for
these vans was obtained through several funding sources including $5,500.00 in
Proposition A Local Return Funds and $2,500.00 for the Air Quality Trust Fund (AB
2766). Initially, the City had planned to utilize these vans in several transportation
projects, including a lunch time shuttle services, senior citizens transportation, special
event transportation (e.g., recreation excursions, Concerts in the Park etc.) and the
City's annual Holiday Shuttle. '
On December 19, 1994, the City Council received and reviewed a comprehensive
report on existing transportation services. The report also outlined some additional
transportation opportunities for the City Council's consideration. After careful
consideration of both existing and available transportation services, the City Council
has decided to contract for transportation services and has directed staff to proceed
with the development of a Dial -a -Cab service. In addition, staff has received a
mechanical evaluation on these vans. Based on this evaluation, staff has determined
that these vans would not be suitable for use without extensive repair work and
modifications to make them compliant with the Americans for Disabilities Act (ADA).
Consequently, staff is of the opinion that these vans should be declared surplus
property and that the City should make them available for sale.
DISCUSSION:
Recently, the City Council approved Ordinance 02 (1995) establishing a purchasing
system for the City. Section 3.24.200 of this Ordinance authorizes the City Manager to
determine, with approval of the City Council, whether any item of City -owned property
should be declared surplus. Under this Section, items declared to be surplus must be
offered for sales on a competitive -bid basis.
JM International Transportation, a leading distributor of Wide One passenger vans,
has agreed to take the four (4) shuttle vans on consignment for the purpose of
receiving competitive bids. JM International has indicated that they have a number of
clients that are interested in purchasing these vans. Should the City Council approve
this request, JM International is immediately prepared to offer the City $3,000.00 for
one of them (Unit 1001). JM International will continue to pursue additional buyers for
the three (3) remaining vehicles.
All proceeds derived from the sale of these van must first be used to reimburse the
Proposition A Local Return Fund. Staff is confident that JM International will be able to
find buyers for the three (3) remaining vans within the next thirty to forty-five days. JM
International believes that by selling each van separately the City will receive a much
higher return on its investment and should be able to reimburse the Proposition A Fund
and still have monies remaining for other uses.
RECOMMENDATION:
It is recommended that the City Council: (1) approve the City Manager's declaration of
surplus property; (2) direct the City Manager to place these vehicles on consignment
with JM International Transportation for the purpose of soliciting competitive bids; and
(3) authorize the City Manager to sell each vehicle to the highest bidder.
TLB:TB
Attachment
0j
9 • t • • k • • " 10
In accordance to Section 3.24.200 of Ordinance 02 (1995), heretofore adopted by the
City of Diamond Bar, the following property has been determined to have exceeded its
useful purpose and is considered obsolete. These items should be declared as surplus
and made available for public sale.
Vehicle
Make
Year
VIN
License
996
Wideone
1984
2B6KB3318EK310058
E442814
977
Wideone
1987
2671<633131-11<203645
E074055
993
Wideone
1987
2B7KB3310HK233539
E074058
1001
Wideone
1990
2B7KB31Z2LK756286
E330376
CITY Ur DIAMOND BAR
AGENDA REPORT
AGENDA NO. ' 1
TO: Mayor and City Council
MEETING DATE: April 4, 1995 REPORT DATE: March 31, 1995
FROM: Terrence L. Belanger, City Manager
ISSUE: Conflict of Interest Waiver for the Law Firm of Richards, Watson & Gershon.
DISCUSSION: The City Council and the Planning Commission are going to be considering the matter of VTM 47850
beginning April 6, 1995. Apparently, in early 1994 a real estate attorney with Richards, Watson & Gershon provided legal
services to JCC Development, the applicant, in the matter of VTM 47850 in connection with the preparation of the
Covenants, Conditions, and Restrictions, Articles and By -Laws, and California Department of Real Estate application. The
VTM 47850, as noted, is scheduled for City Council review.
In order for the City Attorney to advise the City Council relative to the map, it will be necessary for both the City Council
and JCC Development to consent, in writing, to such representation. It should be noted that JCC Development has
consented in writing to the waiver.
Attached to this memorandum is a Conflict of Interest Waiver, dated March 30, 1995. If the City Council agrees to consent
to the City Attorney representation in regards to VTM 47850, the Mayor should be directed to execute said waiver on
behalf of the City Council.
RECOMMENDATION: It is recommended that the City Council approve a Conflict of Interest Waiver for the Law Firm
of Richards, Watson & Gershon authorize the Mayor to execute said waiver.
SUBMITTAL CHECKLIST:
Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
Does the report require a majority or 4/5 vote?
Has environmental impact been assessed?
Has the report been reviewed by a Commission?
Which Commission?
Are other departments affected by the report?
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belan r
City Manager
_ Yes X No
MAJORITY
N/A _ Yes _ No
_ Yes X No
_ Yes X No
MAR -31-1995 10:14 RICHARDS, WATSON LAtt PSHO
RMHARDB, WATSON a, OERSHON
AvrommonxrL W
A M aew.....,,
MOM
WML
March 30, logs
Jack Cameron
JCC Develop"ht
3404 Torrance Boulevard
3rd Floor
Torrance, California saso3
Re:
Dear Mr. Cat AMI
213 626 0078 P.03/04
Mob+oweNMw
*WrFamm" efto
ON esus,,... own"
LftAMMM4M ~MbmM %..
nwdir.ra
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loss-000as
[VXA PAX i V.B. MIL]
AN you know, Mork jmWAn of this firs prepared
Covenants, Conditions'aad Restrictiosa (CCAU), Articles and By -
Laws, nand the Departs*rt of Steal kstato apppplication on behalf of
JCC in connection with the above -rotor
subdivision in the
City of Diamond Dar. Binae that time, this Sirs has been
retained and I have been appointed City Attorney of the City of
Diamond Har. The City has requested that I serve w isal
advisor in connection with its processing aria considarelion of
this oubdivision, in the same manner as I would any matter coming
before it. Pursuant to Rule 3-310 of the California Btate Dar
Rules of ProfaBsional Conduct, the interests of JCC and of the
City are adverse in this matter.' Na mast therefore provide you
with written disclosure of the facts and Obtain your intorsed,
written consent prior to mfr represantinB the City in this *Iktter.
My
purpose
here is to Iequestwill xsfral�ent,m r If you are UhWLllit7g
and it will utilize other counaal for this pupzp se.i the amity
I have intorsed the City tbetC Mr. Lanken'e involvement
In this tract on behalf of JCC has been Limited to the above-
described work, and that neither he nor anyone also It this firs
will be representing JCC's interests in conneotion with the
procomming of the subdivision map before the Citye t have also
nv
informed the City that I have not been involved in the
representation o! JCC for any puxposes. Ay loyalties in this
matter will, be exclusively to this City, as would be the case in
MAR -39-1995 18 11 9W. . P.02
MAR -31-1995 :10:14 RICHARDS. WATSON LA## RSHO 213 626 0078 P.04/04
ROiAPJD% WAT9oN do UEMHON
Marob 30, 1995
Page 2
any matter which routinely c*mw bar=# the Cit�r !Or
consideration. rn other wards, t oannot and mil not in any
respect oamprvaise my representation of the city by rirtge or the
firm+s relationship with JCC.
As irdieated above, Mr. Lamkenrs involveaant in this
matter is fairly limited in soope.and hag riot and will not
involve interaction with the City. Nyrapreeentstion of the City
drill enga
tail providing lel advice as questions arise in
the processing of the map through City council review.
Accordingly, it you are prepared to give your informed
consent a■ abaim requests*, please sign the consent as set 901th
below on the enclosed; copy or this letter and return it to we
Ware the scheduled hearinq an April 6, 1993. Thank -you for
your cooperation in this matter.
trr
Ulf Jey
ALT i ala
ow"T
act Xurt Deleon
Mark LamkOft, Egg.
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MSCUMM" WRINO11 am 4=sslsl To M an of AtMM in
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47830 AS TO WTCX Tie CM !s ZX ZVM2Z MAW.
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MRR-30-1995 18:12 90% P.03
TOTAL P.04
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RICHARDS, WATSON $ GERSHON
ATrOMLY8 AT LAW
A M6rMNV=dAL OOIMa. TL
March 30, 1995
Terry Belanger
City Manager
City of Diamond Bar
21660 East Copley Drive
suite 100
Diamond Bar, California 91765
Res Conflict of Interest Waiver
Dear Mr. Belanger:
MK*MM
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0#40 -IMM
"""T4MH"i Ryon
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10572-00002
[VIA FAX 8 U.S. NAIL]
Prior to this firm being retained as City Attorney for
the City, I advised you that this firm represented JCC
Development in connection with preparation of Covenants.,
Conditions and Restrictions (CC&Rs), articles and By -Laws and the
California -Department of Real Estate application for Tract 47851.
The subdivision map for this tract was previously appproved by the
City and recorded. A companion tract, Tract 47850, is now
scheduled for City Council review, and in order for me to advise
the -Council relative to the map, it will be necessary for both
the City Council and Jcc to consent in Writing to such
representation.
As I advised you in my letter of September 14, 1994,
Mark Lamken, a real estate lawyer in the firm, performed the
above-described work for Tract 47851. Neither Xr. Lamken nor any
other member of this firm represented the developer in any other
aspect of the development. Moreover, Mr. Lamken has not
performed any work on behalf of JCC with respect to Tract 47850,
in that it is intended to simply be annexed into 47851.
Specifically, this firm was not involved in presentation to and
processing of the Tract 47850 before the City for approval nor in
the litigation between JCC and the City. Moreover, the firm is
not now involved on behalf of JCC in the processing of the
subdivision map before the City. If Tract 47850 were approved by
the City, Mr. Lamken's sole involvement would be preparation of a
7^_ V1_fJ 0_'./a.. ..a.eb ..>:3 i.1. i.
RICHARDS, WATSON & GERSHON
Mr. Terry Belanger
March 30, 1995
Page a
simple annexation document for the State Department of Real
Estate.
In my letter, I advised you that I could not advise the
City as to these tracts unless the above facts were fully
disclosed and both the City Council and JCC consented in writing
to such representation. I indicated that if either party were
uncomfortable giving such consent, I would gladly abstain from
participation. And, further, if both parties did give such
consent, I would in any avant refrain from reviewing the CC&Rs
for compliance with City requirements (although this has
apparently long since been accomplished).
Even though the City is processing the subdivision map
pursuant to a settlement agreement, the interests of the City and
JCC in this matter are adverse within the meaning of Rule 3-310
of the California State Bar Rules of Professional Conduct.
Consequently, I am requesting that the City Council provide its
informed consent prior to my advising the City in connection with
Tract 47850.
An indicated above, this firms involvement in Tract
47851 was limited to preparation of the CC&Rs, Articles and By -
Laws and preparation of documents for submission to the State of
California, and the firm has thus far had no involvement with
Tract 47850. Nona of the documents previously prepared by the
firm will be before the City in the subdivision approval process
for Tract 47850. Those documents and matters are separate and
distinct from the issues which arise in processing the new
subdivision before the City. Mr. Lamken has not advised and will
not advise the city, and neither he nor any other lawyer in the
firm will advise JCC relative to its application before the City.
Accordingly, we are not aware of any reasonably foreseeable
adverse Consequlnae thAt Would arise from concurrent
representation for which we seek consent.
If the Council consents as above -requested, please
have the Mayor sign the consent as not forth below on the
attached copy of this letter and return it to me at your
convenience. For your information, JCC has provided its
informed, written consent to my representation of the City in
this matter.
rely urs,
1
MJ:clm
0564096
RICHARDB, WATGON & GriRaNON
Mr. Terry Belanger
March 30, 1995
Page 3
THE CITY OF DIAMOND BAR, ,CTIVa BY AND TMjtOV= ITA CITY OOUCIL,,
HEREBY 4RANT9 110 XN70RXXD WRITTEN CONSENT TO RICUMN, WITMON i
OERB80N TO REP1253VT 175 INTERS/T/ IN TSE PROCUMOna AND
CONSIDERATION O! TRACT 487501 THE APPLICANT FOR WRICK IS JCC
DEVELOPMENT, A CLIENT OF THE rIRK AND WHOSE IPMRE/TS ARE ADVERSE
TO T![OAE Of THE CITY.
Byt
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dharm R WA7.ON
RO..w7 t. MIIR9
HAPO r L aMMan
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AN�tli�OlN �.
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RICHARDS. WATSON & GERSHON
ATTOIM M AT LAW
A MOPUMEIOM.l 0G0ACMVNW
March 30, 1995
Terry Belanger
City Manager
City of Diamond Bar
21560 East Copley Drive
Suits 100
Diamond Bar, California 91765
Res onflictOf Interest waiver
Dear Mr. Belanger:
AOFMRDFOCHA O
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700"V4006" PUMP
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MAIMM.�."M..n.
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10371-00002
[VIA PAX 8 U.S. TRAIL]
Prior to this firm being retained as City Attorney for
the City, I advised you that this firm represented JCC
Development in connection with preparation of Covenants.,
Conditions and Restrictions (CC4Rs), Articles and By -Laws and the
California Department of Real Estate application for Tract 47851.
The subdivision map for this tract was previously a raved by the
City and recorded. A companion tract, Tract 478501 is now
scheduled for City Council review and in order for " to advise
the -Council relative to the sap, It will be necessary for both
the city Council and JCC to consent in writing to such
representation.
As I advised you in my letter of September 14, 1994,
Mark Lamken, a real estate lawyer in the firm, performed the
above-described work for Tract 47851. Neither Mr. Lamken nor any
other member of this firm represented the developer in any other
aspect of the development. Korsover, Mr. Laskon has not
performed any work on behalf of JCC with respect to Tract 47850,
in that it is intended to simply be annexed into 47851.
Specifically, this firm was not involved in presentation to and
processing of the Tract 47830 before the City for approval nor in
the litigation between JCC and the City. moreover, the firm is
not now involved on behalf of JCC in the processing of the
subdivision map before the City. Yf Tract 47850 were approved by
the City, Mr. Lamken's sole involvement would be preparation of a
RICNARDs, WATOON a aERsHoN
Mr. Terry Belanger
March 30, 1995
Page 2
simple annexation document for the State Department of Real
Estate.
In my letter, I advised you that I could not advise the
City as to these tracts unless the above facts were fully
disclosed and both the City Council and JCC consented in writing
to such representation. I indicated that if either party were
uncomfortable giving such consent, I would gladly abstain from
participation. And, further, if both parties did give such
consent, I would in any event refrain from reviewing the CC&Rs
for compliance with City requirements (although this has
apparently long since been accomplished).
Even though the City is processing the subdivision sap
pursuant to a settlement agreement, the interests of the City and
JCC in this matter are adverse within the meaning of Rule 3-314
of the California state Sar Rules of Professional Conduct.
Consequently, I am requesting that the City Council provide its
informed consent prior to my advising the City in connection with
Tract 47850.
As indicated above, this firm's involvement in Tract
47851 was limited to preparation of the CC&Rs, ]Articles and By -
Laws and preparation of documents for submission to the State of
California, and the firm has thus far had no involvement with
Tract 47850. None of the documents previously prepared by the
firm will be before the city in the subdivision approval process
for Tract 47850. Those documents and matters are separate and
distinct from the issues which arise in processing the now
subdivision before the City. Mr. Lamken has not advised and will
not advise the City, and neither he nor any other lawyer in the
firm will advise JCC relative to it■ application before the City.
accordingly, we are not aware of any reasonably foreseeable
adverse consaquanae th&t Mould arise from concurrent
representation for which we seek consent.
If the Council consents as above -requested, please
have the Mayor sign the consent as not forth below on the
attached copy of this letter and return it to me at your
convenience. For your information, JCC has provided its
informed, written consent to my representation of the City in
this matter.
MJ:clm
0664096
ruly s,
Y" J �
RIOHARDY, WATGON 1 CiEAYHON
Mr. Tarry Belanger
March 30, 1995
Page 3
THE CITY OF DIRKOND SARI ACTING BY AND THROUW ITS CITY OOOXCILj
HRRRRY GNAXTS, ITS INFORKSD DRITTSN CON9RNT TO RZCZN=v WATSON i
GNRMN TO ARPRRBRNT ITS INTHRSSTI IN TGR PROMMOIN0 AND
CONSIDERATION or TNACT 487501 'PHS "PLICANIP FOR WRICS Ii JCC
DRVRLOWENT, A CLIHNT 0! THE FIRM AND WNOSR INTHRH/!S An ADVRRSs
TO "Was of Ts'R CITY.
Rpt
KAYOR
CITY OF DIAMOND BAR AGENDA NO.
AGENDA REPORT
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 4, 1995 REPORT DATE: March 30, 1995
FROM: James DeStefano, Community Development Director
TITLE: Amendment to Professional Services Agreement with Michael Brandman Associates
Regarding Environmental Services for VTM 47850.
th
SUMMARY: In October 1994 the City Council approved
related to VTM 47850.the award of a 0�'The contracted.00 contract ) scope of Michael
Brandman Associates (MBA) for environmental services
work was prepared based upon a review of the information provided and the recommended range of
services and costs. MBA is requesting a budget increase of $18,825.00 to reflect an expanded scope of
work.
RECOMMENDATION: It is recommended that the City Council approve an amendment with Michael
Brandman Associates reflecting the recommended scope of services and $18,825 budget increase for
Vesting Tentative Map No. 47850, bringing the total contract amount to $52,825.
LIST OF ATTACHMENTS:X Staff Report — Public Hearing Notification
_ Resolution(s) — Bid Specification (on file in City Clerk's Office)
—Ordinances(s)
— Agreement(s)
X Other: Letter from MBA dated February 7, 1995
EXTERNAL DISTRIBUTION: None
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed Yes X NoMAJORITYby the City Attorney?
2. Does the report require a majority or 4/5 vote? Yes No
3. Has environmental impact been assessed? N/`� — No
4. Has the report been reviewed by a Commission? N/A —Yes
Which Commission? Yes X No
5. Are other departments affected by the report? —
Report discussed with the following affected departments:
City Manager
Frank Usher
Assistant City Manager
4es DeStefan
Community Dev lopment Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 4, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Amendment to Professional Services Agreement with Michael Brandman
Associates Regarding Environmental Services for VTM 47850.
ISSUE STATEMENT: In October 1994 the City Council approved the award of a $34,000.00
contract with Michael Brandman Associates (MBA) for environmental
services related to VTM 47850. The contracted scope of work was
prepared based upon a review of the information provided and the
recommended range of services and costs. MBA is requesting k a budget
increase of $18,825.00 to reflect an expanded scope
RECONIM ENDATION:
It is recommended that the City Council approve an amendment with MBA reflecting the
recommended scope of services and $18,825 budget increase for Vesting Tentative Map No. 47850,
bringing the total contract amount to $52,825.
FINANCIAL SUMMARY:
Michael Brandman Associates has been retained by the City of Diamond Bar. Costs associated with
processing the project are funded through developer fees paid by the applicant to the City.
BACKGROUND:
In October 1994 the City entered into a contract with MBA to provide professional environmental
services related to the City processing of VTM 47850. Since the commencement of the project several
events have occurred necessitating this request for additional funds. MBA completed its review of the
existing environmental documentation for the project. The purpose of the review was to determine
the type of environmental documentation appropriate for the project. The accomplishment of this task
has resulted in the need to modify the originally approved scope of services in five areas.
1. Biological Resources: The existing scope of work required a summarization of existing
data. The project site was resurveyed for evidence of gnatcatcher and cougar activity.
A revised biological analysis is required to update existing data and reflect current
conditions of the site.
2. Geotechnical: The existing scope of work assumed a summary of geotechnical
information from the applicant. Additional labor is necessary to coordinate revisions to
the draft EIR.
3. Air Quality: Revisions to the air quality analysis provided in the original EIR were
necessary to reflect SCAQMD regulations.
4. Landscape/Habitat Mitigation Plan. Upon receipt of Landscaping plans MBA habitat
restoration specialists coordinated with the landscape architect to identify suitable onsite
areas for replacement habitat, plant palettes and planting densities. Considerable time
is necessary to provide plans meeting regulatory agency requirements.
5. Project management/Additional Meetings: A significantamount complete
Tete the Project-
The
roject continues to be
spent to coordinate with the City those tasks necessary P
The additional scope of work, tasks, and associav�lablecosts
after the award of the contact of existing
documentation and applicant information made
Ass
City staff has previously communicated with the ofroject applicants, workbudget requests.Dlamond The aPPaz ant �ppos� the
regarding the modifications to the scopef work
staff recommendation.
PREPARED BY:
James DeStefano
Community Development Director
Attachment: Letter from Michael Brandman Associates dated February 7, 1995.
2
Michael Br,. ndnmr V kw lr';
February 7, 1995
James De5tefano
City of Diamond Bar
Community Development Department
21660 East Copley, Suite 100
Diamond Bar, California 91765
SUBJECT: Budget Augment Request for the Vesting Tentative Map 47850 Environmental
Impact Report Project
Dear Mr. DeStefano:
This letter serves as a request to the City of Diamond Bar for an augment to Michael Brandman
Associates' (MBA) project team budget for the Vesting Tentative Map 47850 (VTM 47850) EIR
project. The augment is for additional work required based on our review of information provided
by the applicant after City Council approval of our contract. This includes those costs that the
project team has already incurred in preparing the environmental documentation and anticipated costs
to complete the expanded scope of work. The MBA project team is currently requesting a budget
augment of $18,825 (MBA professional labor: $18,250 and direct costs: $575).
Since the commencement of the project, a number of events have occurred that have necessitated
this request for additional funds. Because of the restricted timeframe that the City of Diamond Bar
had to issue a request for proposal and select a consultant to prepare the environmental
documentation of the project, MBA had a very limited opportunity to review the available
documentation for the project. Therefore, the first task in our approved scope of work was to review
the existing environmental documentation for the project as well as any new technical reports and/or
information that was prepared subsequent to November 1992. The primary purpose of this review
was to determine the type of environmental documentation that would be appropriate for the 47850
project. This task was accomplished (see attached MBA letter dated November 1, 1994). However,
the outcome of MBA's review of this documentation and meetings with the City and project
applicant's project team also resulted in the need to modify our originally proposed scope of services.
The need for these scope of work modifications is primarily related to the following: procedural, legal,
and/or regulatory changes which have occurred since the EIR was originally prepared in fall 1991;
modifications to the project design that were not fully articulated at the start of this EIR process and
that the project applicant needed to prepare; and additional work tasks that have been requested of
MBA by the City. How these issues specifically correlate to the changes to the scope are addressed
below. At your request, MBA is providing you with a breakdown of the work efforts and associated
costs.
;; �AX -14
James DeStefano
February 7, 1995
Page Two
Biological Resources
ExistinH Scone
MBA's existing scope of services related to biological resources was to summarize any new
information prepared by the project applicant subsequent to preparation of the Master EIR in 1991.
For example, under this scope of work MBA would incorporate revised mitigation measures into the
EIR section that could reduce biological resource impacts. No field work or additional analysis was
assumed in the scope.
Need for Additional Work Efforts
At the request of the City, Steve Nelson, MBA Director of Resources Management, conducted a
brief field visit of the VTM 47850 site on October 20, 1994 with Bob Laurie of Craig Webber and
Associates (CWA). The purpose of this visit was to determine whether the habitat onsite would
require focused surveys for the California gnatcatcher. Mr. Nelson noted that more diverse plant and
wildlife communities were present than were described in the Master EIR. Wildlife movement on
the site and in the immediate vicinity of the site was not addressed in the Master EIR. Mr. Nelson's
site visit identified a potential wildlife movement area onsite that may play an important role to the
wildlife species occupying the site and adjacent areas. Focused surveys for the gnatcatcher were
determined not to be necessary.
Based on MBA's brief site visit on October 20 and a review of existing environmental documentation
of the site, MBA recommended that a more thorough discussion of existing plant and wildlife
communities onsite, potential sensitive species, and regionally important wildlife movement corridors
on and adjacent to the site be conducted to insure the adequacy of the revised draft EIR. The City
authorized MBA to complete the additional work. MBA prepared a revised biological resources
assessment of the project site. Documentation pertinent to the biological resources in the vicinity
of the project site was compiled, reviewed, and analyzed. This information included detailed review
of existing environmental documentation of the site, studies of the biological resources in the vicinity
of the project site, and recent state and federal sensitive species lists for endangered, threatened, or
rare species potentially occurring on the project site or in the site vicinity.
The project site was surveyed on foot to supplement the existing general biological resources of the
site. The potential for sensitive biological resources to occur onsite was evaluated. This site survey
also included a visual reconnaissance for signs of cougar activity onsite. Based on this information,
a revised biological resources section for the revised draft EIR was prepared that included
descriptions and maps of plant communities, discussions of wildlife associated with the plant
Communities, an assessment of wildlife movement onsite and in the study area, and an evaluation of
the potential for the site to support sensitive species. All potentially significant impacts to biological
resources that may occur in the project area were assessed. Evaluation of impacts to wildlife
including disruption of movement, change in species diversity and abundance, and loss of habitat was
assessed. Feasible mitigation measures available to minimize or eliminate potential adverse impacts
of the proposed project on biological resources were recommended. The revised biological analysis
provided a complete detailed analysis of the project necessary to satisfy the accepted scientific and
technical standards consistent with the requirements of CEQA, USFWS, CDFG, and any other
pertinent reviewing agencies and organizations.
James DeStefano
February 7, 1995
Page Three
Augment Request
Biological Resources Survey $5,200
Geotechnical
Existing Scope
MBA's initial scope assumed the summarization of the new geotechnical information that had been
prepared by the applicant's geotechnical consultant. This information was to be provided to MBA
on diskette; however, it was not.
Need for Additional Work Efforts
According to the Compilation of Geotechnical Reports, Review Sheets and Responses for Vesting
Tentative Tract 47850 Diamond Bar, California Volumes, I and II prepared by Harrington
Geotechnical Engineering, Inc. (dated October 14, 1994), the new geotechnical information has
resulted in significant revisions to the remedial grading. The report did not indicate if the total
acreage of the graded area had been increased, decreased, or remained the same. To accomplish the
necessary work for the revised draft EIR, MBA provided a summary discussion of the differences in
onsite grading between grading plans in the Revised Draft EIR. Additional labor was expended by
MBA to coordinate with the City and the project applicant and its consultants to clearly identify the
changes to the grading plan in the revised draft EIR.
Augment Request
Geotechnical Report Integration $1,000
Air Quality
Existing Scone
No additional air quality analysis was assumed to be necessary in MBA's original scope of services.
Need for Additional Work Efforts
Based on further review of the air quality analysis in the draft Master EIR, MBA determined that
the analysis for all criteria pollutants emitted during construction activities were incorrectly calculated.
Further, the thresholds established by the South Coast Air Quality Management District were
modified in 1993, subsequent to the preparation of the initial air quality analysis. Therefore, MBA
revised the calculations and discussion of impacts. This work effort was not assumed in our scope
of services.
James DeStefano
February 7, 1995
Page Four
Augment Request
Air Quality $950
Landscape/Habitat Mitigation Plan
Existing Scone
As identified in MBA's scope of services (see page 7 under Biological Resources), candidate sites for
offsite mitigation would be identified by MBA based on discussions with the City. The scope did not
include finding these sites and/or identifying their feasibility and adequacy for use as mitigation sites.
Need for Additional Work Efforts
MBA reviewed the landscape plan for Vesting Tentative Map (VTM) 47850 (no date, received by
MBA on October 17, 1994). The landscape plan illustrated the location of trees that were proposed
for mitigating the removal of onsite walnut and oak trees and related habitat. Although the
landscape plan included the replacement of oaks and numerous walnut trees, the proposed locations
of these trees will not meet habitat requirements. For example, using the proposed fuel modification
zones that are illustrated in the draft Master EIR for VTM 47850, the proposed landscape plan
locates native trees within the fuel modification zones. Fuel modification zones do not provide
suitable native habitat because these zones require thinning of the understory vegetation.
MBA expended considerable time reviewing the above-mentioned landscape plan as well as a second
plan received subsequent to the completion of our revised biological resources analysis. MBA also
worked with the project applicant's landscape architect to provide suggestions to provide a plan that
would meet regulatory agency requirements. These work efforts were not assumed in our original
scope of services. Specifically, MBA conducted a detailed review of the current
landscape/revegetation plan subsequent to the preparation of MBA's supplemental biological
resources study. MBA examined the landscape plans prepared by CWA to identify areas appropriate
for native habitat creation in an effort to facilitate compliance with EIR mitigation measures and
resource agency requirements. MBA's habitat restoration specialist coordinated with the landscape
architect to identify suitable onsite areas for replacement habitat, suitable plant palettes, and suitable
planting densities. MBA determined that offsite mitigation would be required.
Augment Request
Landscape Plan/Habitat Mitigation Plan $6,100
Additional Meetings
Existing Scope
MBA's scope identifies our attendance at three meetings (one at project initiation, one after the
City's review of the Administrative Draft EIR, and one after the City's review of the draft responses
to comments document).
James DeStefano
February 7, 1995
Page Five
Need for Additional Work Efforts
The City of Diamond Bar has identified a need to conduct an Open House public meeting to describe
the status of VTM 47850. MBA will attend the Open House, conduct a presentation as required,
and be available to answer questions that may arise. MBA will prepare handout materials describing
the environmental process to be used for VTM 47850. Exhibits depicting the project and other
project description materials are assumed to be provided by the applicant. MBA will also attend
three meetings related to the Open House: (1) meeting to develop the agenda for the Open House,
(2) a rehearsal meeting prior to the Open House, and (3) a debrief meeting to discuss comments
raised at the Open House and development of appropriate responses.
Augment Request
Open House and Related Meetings $5,000
Please call me with any questions. MBA feels that this request for a budget augment is justified and
that our project team has and will continue to provide the City with quality products and service
throughout this project.
Sincerely,
MICHAEL BRANDMAN ASSOCIATES
Thomas E. Smith, Jr.,
President
Attachments
AGENDA ITEM 6.16
NO DOCUMENTATION AVAILABLE
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. ;':: , 0
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 4, 1995 REPORT DATE: March 27, 1995
FROM: Bob Rose, Community Services Director
TITLE: Approval of the Peterson Park agreement with Los Angeles County Regional Park and Open
Space District per parcel discretionary Grant Program in the amount of $140,000.
SUMMARY: At its meeting on December 6, 1994, the City Council adopted Resolution No. 93-53A
approving the application for $140,000 from the Los Angeles County Regional Park and Open Space
District per parcel discretionary Grant Program for the lighting of the athletic fields at Peterson Park.
Grant funding has been approved for the total amount requested and the agreement to receive the funding
is ready for City Council action.
RECOMMENDED ACTION: It is recommended that the City Council approve the Peterson Park
project agreement with the Los Angeles County Regional Park and Open Space District per parcel
discretionary Grant Program in the amount of $140,000.
LIST OF ATTACHMENTS: _X_ Staff Report
Resolution(s)
_ Ordinance(s)
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
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:
4errlence�L. Belanger Frank Nf Usher-/ Bob Rose
City Manager Assistant City Manager Community Services Director
Project Agreement
Los Angeles County Regional Park and Open Space District Grant
Per Parcel Discretionary Grant Program
(From Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth
Recreation, Beaches and Wildlife Protection ("the Proposition"), which voters approved on November 3, 1992)
Grant No. 58C7-95-0366
The Applicant listed below ("Applicant") and the Los Angeles County Regional Park and Open
Space District ("the District") do hereby enter into this Project Agreement ("this Agreement"),
and under the terms and conditions of this Agreement, Applicant agrees to complete the project
as described in the Description of Project and the District, acting through the Director of the
County of Los Angeles Department of Parks and Recreation and pursuant to the Proposition,
agrees to fund the project up to the total grant amount indicated.
Applicant:
Project Name:
Grant Amount:
City of Diamond Bar
Petercnn Park Liahtinli
one. h,tndred forty thousand dollars ($140,000)
Awarded pursuant to Section(s) 8.b.1 of the Proposition.
Description of Project:
Installation of sports field lighting at Peterson Park.
Project Performance Period: FROM Date of Execution* TO September 30. 1996
* The date of execution is the date accompanying the District representative's signature on
Page 13 of this Agreement.
Page 1
Los Angeles County Regional Park & Open Space District
Project Agreement
Special Provisions
None.
General Provisions
A. Definitions
1. The term "Applicant" as used herein means the party described as Applicant on
Page 1 of this Agreement.
2. The term "Application" as used herein means the individual application, and its
required attachments, for the grant identified on Page 1 of this Agreement.
3. The term Board of Supervisors" means the County of Los Angeles Board of
Supervisors, acting in its capacity as the governing body of the District.
4. The term "District" as used herein means the Los Angeles County Regional Park and
Open Space District. Unless otherwise specified, the Director of the County of Los
Angeles Department of Parks and Recreation shall administer this contract on behalf
of the District.
5. The term "Procedural Guide" as used herein means the Procedural Guide(s), and any
subsequent amendments or changes thereto, issued by the District for grants awarded
pursuant to the section(s) of the Proposition as described on Page 1 of this
Agreement.
6. The term "Project" as used herein means the Project that is described on Page 1 of this
Agreement.
7. The term "Proposition" as used herein means Los Angeles County Proposition A,
Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth
Recreation, Beaches and Wildlife Protection, which voters approved on
November 3, 1992.
B. Project Execution
1. Subject to the availability of grant monies from the Proposition, the District hereby
grants to the Applicant a sum of money (grant monies) not to exceed the amount
stated on Page 1 in consideration of, and on the condition that the sum be expended in
carrying out, the purposes set forth in the Description of Project on Page 1 and under
the terms and conditions set forth in this Agreement, the Proposition (see Attachment
A) and the attached Application (see Attachment B).
Applicant agrees to furnish any additional funds that may be necessary to complete
the Project. Applicant agrees to budget and appropriate annually, in each fiscal year
until completion of the Project, an amount equal to the total estimated cost of the
Project less the grant amount stated on Page 1 of this Agreement.
Page 2
Los Angeles County Regional Park & Open Space District
Project Agreement
2. The term of this Agreement is from the date of execution by both parties through
June 30, 2015.
3. Applicant agrees to complete the Project in accordance with the time of Project
performance as set forth on Page 1, and under the terms and conditions of this
Agreement and the Procedural Guide. The time of Project performance may be
extended upon mutual agreement, in writing, of the Applicant and District.
4. Applicant shall comply as lead agency with the California Environmental Quality
Act, Public Resources Code, Section 21000, et. seq. Prior to submitting requests for
reimbursement of actual construction or acquisition costs, Applicant agrees to file
with the District a copy of the Environmental Impact Report or Negative Declaration
along with a response from the State Clearinghouse, if required; and a copy of the
Notice of Determination filed with, and stamped by, the County Clerk, or a copy of
the Notice of Exemption filed with, and stamped by, the County Clerk if the Project
is categorically exempt.
5. Applicant agrees that, prior to incurring actual development and/or acquisition costs,
it will submit all requested development and/or acquisition documents to the District,
for prior review and approval (see Attachment C).
6. Applicant shall use monies allocated in this Agreement, to the maximum extent
practical, to employ youth from the community in which the Project is being carried
out. Applicant is encouraged, and has authority to use said monies, to provide funding
through agreements with community conservation corps, the California Conservation
Corps and other community organizations, particularly when youth can be employed
to work on restoration or rehabilitation projects being carried on in their own
communities. Such agreements shall be entered into solely for the accomplishment of
the Project described on Page 1 of this Agreement.
Therefore, prior to requesting reimbursement for actual construction, development or
acquisition costs, Applicant must submit a report to the District describing its efforts
to employ youth in the community. The report shall contain, at a minimum, the
number and approximate age of youth to be employed at each stage of the Project , a
description of the work the youth will perform, the process by which the youth shall
be employed, the amount the youth will be paid and, the name of any organizations or
agencies that will supply youth to be employed on the Project, as well as a description
of Applicant's efforts to employ youth in every stage of the Project (see Attachment
D).
Applicant must comply fully with all State and Federal laws regarding the
employment of youth on the Project. Youth is defined as persons between the ages of
14 and 21, inclusive.
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Los Angeles County Regional Park & Open Space District
Project Agreement
Notwithstanding the above, the District reserves the right to establish goals for the
employment of youth if, in the District's opinion, it is necessary to do so in order to
accomplish the purposes of the Proposition.
7. Applicant agrees to file with the District copies of any contracts or agreements
executed for work on the Project. Applicant further agrees that it will make a good
faith effort to recruit and promote minority-owned and women -owned businesses to
participate in the process for the award of any contracts or agreements executed for
work on the Project.
Therefore, when filing with the District a copy of any contract or agreement for work
on the Project, said copy will be accompanied, at a minimum, by a description of the
process used for identifying minority and women contractors or vendors; a list of
firms from which the Applicant solicited or received offers; and comparative statistics
regarding the minority and women participation and percentage of minority and
women ownership of each contractor and subcontractor working on the Project (see
Attachment E). In addition, said copy will be accompanied by a statement affirming
that, on final analysis and consideration of award, contractor or vendor was selected
without regard to race, color, creed or gender, unless City, State or Federal laws
and/or regulations or court decisions require otherwise, in which case the Applicant
will state the applicable reason. Applicant further agrees to retain on file, and to
make available to the District on request, statistical information regarding the
minority and women participation and percentage of minority and women ownership
in each firm participating in the bidding process.
8. Applicant agrees to secure completion of the development work in accordance with
the approved development plans and specifications or force account schedule.
9. Applicant agrees to permit the District to make periodic site visits to determine if
development work is in accordance with the approved plans and specifications, or
force account schedule, including a final inspection upon Project completion.
10. Any modification or alteration in the Project, as set forth in the Application on file
with the District, must be submitted, in writing, to the District for prior approval. No
modification shall be effective until and unless the modification is executed by both
Applicant and the District.
11. If the Project includes acquisition of real property, Applicant agrees to comply with
Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the
Government Code and any applicable federal, state, or local laws or ordinances.
Documentation of such compliance will be made available for review upon the
District's request.
12. If the Project includes acquisition of real property, Applicant agrees to furnish the
District preliminary title reports respecting such real property or such other evidence
of title that the District determines to be sufficient. Applicant agrees in negotiated
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Los Angeles County Regional Park & Open Space District
Project Agreement
purchases to correct, prior to or at the close of escrow, any defects of title that in the
opinion of the District might interfere with the operation of the Project. In
condemnation actions, such title defects must be eliminated by the final judgment.
C. Project Costs
The grant money provided under this program may be disbursed as follows:
1. If the Project includes acquisition of real property, the District may disburse to
Applicant the grant monies as follows, but not to exceed, in any event, the District
grant amount set forth on Page 1 of this Agreement:
a. When acquisition is by negotiated purchase, the District may disburse
the amount of the District -approved purchase price together with
District -approved costs of acquisition. The District -approved purchase
price shall not exceed the value contained in a valid appraisal report,
unless the District agrees, in advance, to the higher price.
b. When acquisition is allowed pursuant to the Proposition through
eminent domain proceedings, the District may disburse the amount of
the total award, as provided for in the final order of condemnation,
together with District -approved costs of acquisition. Applicant shall
bear all costs and make all advances associated with obtaining an order
of immediate possession in an eminent domain proceeding.
C. In the event Applicant abandons such eminent domain proceedings,
Applicant agrees that it shall bear all costs in connection therewith and
that no grant monies shall be disbursed for such costs.
2. If the Project includes development, after the completion of the Project or any phase
or unit thereof, the District will disburse funds to Applicant only after the District has
reviewed and approved all requested development documents and has received from
Applicant a statement of incurred costs. The District may disburse funds in the
amount of District -approved incurred costs shown on such statement, but not to
exceed the District grant amount set forth on Page I of this Agreement, or any
remaining portion of the grant amount.
The statements to be submitted by Applicant shall set forth in detail the incurred costs
of work performed on development of the Project and whether performance was by
construction contract or by force account. Statements shall not be submitted more
frequently than once a month, unless the District requests otherwise.
The District must approve modifications of the development plans and specifications
and/or force account schedule prior to any deviation from the District -approved plans
and specifications, and/or force account schedule, unless previously authorized by the
District.
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Los Angeles County Regional Park & Open Space District
Project Agreement
3. The District may retain up to ten (10) percent of the grant amount pending project
completion and verification that the Applicant has satisfied all terms and conditions
of this Agreement. Within three (3) months of Project completion, Applicant must
submit final project documents (see Attachment Q. The District will not make final
payment, including but not limited to the ten percent retention, until it has received all
closing documents from the Applicant and has made a final Project inspection. At the
District's discretion, the District also may perform an audit of Applicant's Project
expenditures before final payment is made. Nothing in this section precludes the
District from performing an audit of Project expenditures at a later date in accordance
with Section I of this Agreement.
D. Project Administration
1. Applicant agrees to promptly submit any reports that the District may request. In any
event, Applicant shall provide to the District a report showing total final Project
expenditures.
2. Applicant agrees that property and facilities acquired or developed pursuant to this
Agreement shall be available for inspection upon the District's request. ,
3. Applicant agrees to use any monies disbursed by the District under the terms of this
Agreement solely for the Project herein described.
4. Applicant agrees that any gross income earned from non -recreational uses of a Project
shall be used for recreation development, additional acquisition, operation or
maintenance at the Project site, unless the District approves otherwise in writing.
Applicant also agrees that any gross income that accrues to a grant -assisted
development Project during and/or as part of the construction, from sources other than
the intended recreational uses, also shall be used for further development of that
particular Project.
5. Applicant agrees to submit for prior District review and approval any and all existing
or proposed operating agreements, leases, concession agreements, management
contracts or similar arrangements with non-governmental entities, and any existing or
proposed amendments or modifications thereto, as they relate to the project or the
project site for a period of twenty (20) years from the date of this Agreement.
Applicant further agrees not to enter into any contract, agreement, lease or similar
arrangement, or to agree to any amendment or modification to an existing contract,
agreement, lease or similar arrangement, that, in the District's opinion, violates federal
regulations restricting the use of funds from tax-exempt bonds.
6. Applicant agrees that, upon entering into any contract for the construction,
maintenance, operation or similar activity related to the Project, Applicant will
require said contractor to carry adequate insurance required by the District and
naming the District as an additional insured. In addition, said insurance must require
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Los Angeles County Regional Park & Open Space District
Project Agreement
that Applicant and the District be given thirty (30) days advance written notice of any
modification or cancellation of said insurance. Applicant agrees to submit proof of
such insurance to the District for its prior approval.
7. Applicant and each County lobbyist or County lobbying firm, as defined in Los
Angeles County Code Section 2.160.010, retained by Applicant, shall fully comply
with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160.
Failure on the part of Applicant or any County lobbyist or County lobbying firm to
fully comply with the County Lobbyist Ordinance shall constitute a material breach
of this Agreement, upon which the District may terminate or suspend this Agreement.
8. Applicant and District will conform to the requirements of Government Code
Section 6250, et seq. in making all documents relating to this Agreement, the grant
obtained and all other related matters available for public review during regular
business hours. In the case that the Project involves acquisition of property,
however, both the District and Applicant may withhold from public review any and
all documents exempted under Section 6254, subsection (h), prior to completion of
said acquisition.
In the event that the District is required to defend an action on a Public Records Act
request for any of the contents of an Applicant's submission under the terms and
conditions of the Agreement, Applicant agrees to defend and indemnify the District
from all costs and expenses, including attorneys' fees, in any action or liability arising
under the Public Records Act.
9. In order to maintain the exclusion from gross income for federal income tax purposes
of the interest on any bonds, notes or other evidences of indebtedness issued for the
purpose of providing the grant monies made available in this Agreement, Applicant
covenants to comply with each applicable requirement of Section 103 and Sections
141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In
furtherance of the foregoing covenant, Applicant hereby agrees that it will not,
without the prior written consent of the District, (a) permit the use of any portion of
the Project by any private person or entity, other than on such terms as may apply to
the public generally; or (b) enter into any contract for the management or operation of
the Project or any portion thereof, except with a governmental agency or a nonprofit
corporation that is exempt from federal income taxation pursuant to Section 501(c)(3)
of the Internal Revenue Code.
10. If Applicant sells or otherwise disposes of property acquired or developed with grant
monies provided under this Agreement, Applicant shall reimburse the District in an
amount equal to the greater of 1) the amount of grant monies provided under this
Agreement; 2) the fair market value of the real property; or 3) the proceeds from the
portion of the property acquired, developed, improved, rehabilitated or restored with
grant monies.
Page 7
F
G
Los Angeles County Regional Park & Open Space District
Project Agreement
be the specific performance of this Agreement, unless otherwise agreed to by the
District. Nothing in this Section shall limit in any way the District's legal or equitable
remedies under this Agreement.
5. Applicant and the District agree that, if the Project includes development, final
payment may not be made until the Project conforms substantially with this
Agreement and is a usable public facility.
Payment of Funds
1. Applicant may request reimbursement from the District for eligible expenses, which
the Applicant has properly incurred and paid, no more frequently than every thirty
(30) days. Applicant shall submit reimbursement requests on District -provided
Payment Request Forms, including the applicable attachments.
All Payment Request Forms should be sent to:
The Regional Park and Open Space District
c/o The Department of Parks and Recreation
433 South Vermont Avenue, Fourth Floor
Los Angeles, California 90020
2. Applicant should submit its payment request prior to the fifteenth day of the month to
receive reimbursement within four to six weeks. The District may hold Payment
Request Forms received after the fifteenth of the month until the next month, which
may result in reimbursements being delayed.
3. The District may withhold a portion of the amount of reimbursement if, in the opinion
of the District, an expenditure is not eligible under the terms and conditions of this
Agreement, the Proposition, the Application or the Procedural Guide. In such cases
the District shall notify the Applicant of the amount of expenditures declared
ineligible and the reason(s) for the ineligibility. Applicant, within thirty (30) days of
notification, may dispute the District's decision, in writing, to the District and provide
records and/or documentation to support its claim. The District shall review the
information and/or documentation provided and will notify Applicant of its final
determination. If Applicant fails to dispute the findings, in writing, within the thirty
day period, than the Applicant shall have waived its right to dispute the findings.
Hold Harmless and Indemnification
Applicant shall indemnify, defend and hold the District harmless from and against
any and all liability to any third party for or from loss, damage or injury to persons or
property in any manner arising out of, or incident to, the performance of this
Agreement or the planning, arranging, implementing, sponsoring or conducting of the
Project or any other operation, maintenance or activity by the Applicant.
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Los Angeles County Regional Park & Open Space District
Project Agreement
2. The District shall have no liability for any debts, liabilities, deficits or cost overruns
of the Applicant.
3. Applicant and District agree that the liability of the District hereunder shall be limited
to the payment of the grant monies pursuant to the terms and conditions of this
Agreement and the Procedural Guide. Any contracts entered into, or other obligations
or liabilities incurred by, the Applicant in connection with the Project or otherwise
relating to this Agreement shall be the sole responsibility of the Applicant, and the
District shall have no obligation or liability whatsoever thereunder or with respect
thereto.
H. Independent Grantee
This Agreement is by and between the Los Angeles County Regional Park and Open
Space District and Applicant and is not intended, and shall not be construed, to create the
relationship of agent, servant, employee, partnership, joint venture or association between
the District and Applicant.
I. Financial Records
1. Applicant agrees to maintain satisfactory financial accounts, documents and records
for the Project and to make them available to the District for auditing at reasonable
times. Applicant also agrees to retain such financial accounts, documents and records
for five (5) years following Project termination or completion.
Applicant and the District agree that during regular office hours, each of the parties
hereto and their duly authorized representatives shall have the right to inspect and
make copies of any books, records or reports of the other party pertaining to this
Agreement or matters related thereto. Applicant agrees to maintain, and make
available for District inspection, accurate records of all its costs, disbursements and
receipts with respect to its activities under this Agreement.
2. Applicant agrees to use an accounting system that complies with generally accepted
accounting principles.
3. At any time during the term of this Agreement or at any time within five years after
the expiration or prior termination of this Agreement, authorized representatives of
the District may conduct an audit of Applicant for the purpose of verifying
appropriateness and validity of expenditures that Applicant has submitted to the
District for reimbursement under the terms of this Agreement. If said audit reveals
expenditures that cannot be verified or that were paid in violation of the terms of this
Agreement, the Proposition or the Procedural Guide, the District may, at its
discretion, reduce the grant amount by an amount equal to these expenditures.
Applicant, within thirty (30) days of notification that an audit has resulted in the
exception of expenditures, may dispute the audit findings in writing to the District
and provide the District with records and/or documentation to support the expenditure
Page 10
Los Angeles County Regional Park & Open Space District
Project Agreement
claims. The District shall review this documentation and make a final determination
as to the validity of the expenditures.
If Applicant has received all grant monies prior to the audit, or if remaining grant
monies are insufficient, and if said audit reveals expenditures that cannot be verified
or that were paid in violation of the terms of this Agreement, the Proposition or the
Procedural Guide, Applicant shall pay the District an amount equal to these
expenditures within sixty (60) days after receiving written notification of the
expenditures disallowed and the reason for the disallowance.
Notwithstanding Government Code Section 907, in the event that Applicant fails to
repay the District in full for the amount of excepted expenditures, the District may
offset an amount equal to the excepted expenditures from any monies that may be due
to Applicant under the terms and conditions of the Proposition. Through the
execution of this Agreement, Applicant waives its rights under Government Code
Section 907.
J. Use of Facilities
1. Applicant agrees to use the property acquired or developed with grant monies under
this Agreement only for the purpose for which it requested District grant monies and
will not permit any other use of the area, except as allowed by specific act of the
Board of Supervisors as governing body of the District and under the terms and
conditions of the Proposition.
2. Applicant agrees to maintain and operate in perpetuity the property acquired,
developed, rehabilitated or restored with grant monies, subject to the provisions of the
Proposition. With the District's approval, the Applicant, or its successors in interest
in the property, may transfer the responsibility to maintain and operate the property in
accordance with the Proposition.
3. Applicant agrees to provide for reasonable public access to lands acquired in fee with
grant monies, including the provision of parking and public restrooms, except as
noted in the Special Conditions of this Agreement.
K. Nondiscrimination
1. The Applicant shall not discriminate against any person on the basis of race, color,
sex, sexual orientation, age, religious belief, national origin, marital status, physical or
mental handicap, medical condition, or place of residence in the use of any property
or facility acquired or developed pursuant to this Agreement.
2. All facilities shall be open to members of the public generally, except as noted under
the special provisions of the Project Agreement.
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Los Angeles County Regional Park & Open Space District
Project Agreement
L. Incorporation by Reference
The Application and its required attachments, and any subsequent change or addition
approved by the District, is hereby incorporated in this Agreement as though set forth in
full. The Procedural Guide, and any subsequent changes or additions thereto, and the
Proposition also are hereby incorporated in this Agreement as though set forth in full.
In the case of conflict, the District shall resolve the conflict with the precedence of
documents as follows: the Proposition, this Agreement and the Procedural Guide (earlier
named documents taking precedence over later named documents).
M. Severability
If any provision of this Agreement, or the application thereof, is held invalid, that
invalidity shall not affect other provisions or applications of the Agreement that can be
given effect without the invalid provision or application, and to this end the provisions of
this Agreement are severable.
No provision of this Agreement, or the application thereof, is waived by the failure of the
District to enforce said provision or application thereof.
IN WITNESS WHEREOF, Applicant and District have caused this Agreement to be executed
by their duly authorized
[this space left blank intentionally]
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Los Angeles County Regional Park & Open Space District
Project Agreement
representatives as of the latter day, month and year written below.
APPLICANT:
Signature of Authorized Representative
Title:
Date:
Approved as to Form:
DEWITT W. CLINTON
County Counsel
LOS ANGELES COUNTY REGIONAL
PARK & OPEN SPACE DISTRICT:
Date:
Page 13
Director, Parks and Recreation
Grant No. 58C7-95-0366
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. 8.1
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 4, 1995 REPORT DATE: March 29, 1995
FROM: Kellee A. Fritzal, Administrative Assistant
TITLE: AN ORDINANCE OF THE CITY OF DIAMOND BAR REGULATING
AUTOMOBILE FOR HIRE AND TAXICAB OPERATION SERVICES AND
REPEALING CHAPTER 7.80 OF THE LOS ANGELES COUNTY CODE
SUMMARY: On March 7, 1995, the City Council approved for first reading a Taxicab Operation
Ordinance. After review, the new City Attorney recommended several changes to the
Ordinance. The changes have been incorporated, including a re -format of the Ordinance
and modification of procedural requirements. Therefore, the attached Taxicab Regulation
Ordinance is before the City Council for a new first reading. The City, upon
incorporation, adopted the Los Angeles County Code. In preparation for the beginning of
the City's Dial -A -Cab program, staff reviewed the County's Taxi Operators Ordinance and
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. The
adoption of a City Taxicab Operators Ordinance will: 1) allow the establishment of a City
Dial -A -Cab program; 2) ensure that all taxis operating in the City have the appropriate
liability insurance, naming the City as additionally insured; and 3) subject all taxi
companies to the City's regulations. The selected Dial -A -Cab contractor currently has a
L.A. County Taxicab License.
RECOMMENDATION: It is recommended that the City Council approve for first reading, by title only,
Ordinance No. (1995) "An Ordinance of the City of Diamond Bar Regulating
Automobile for Hire and Taxicab Operation Services 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
RE IEWED BY-
errence L. Belanger Frank M. Usher Kellee A. Fritzal
City Manager Assistant City Manager Administrative Assistant
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 4, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: AN ORDINANCE OF THE CITY OF DIAMOND BAR REGULATING
AUTOMOBILE FOR HIRE AND TAXICAB OPERATION SERVICES 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 of Diamond Bar Regulating Automobile for Hire and Taxicab Operation Services and
Repealing Chapter 7.80 of the Los Angeles County Code".
FINANCIAL SUMMARY:
There will be no fiscal impact through the adoption of this Ordinance.
SUMMARY/DISCUSSION:
As part of the adoption of the Los Angeles County Code, Chapter 7.80 "Taxicabs and Water Taxis" regulations are
regulated by L.A. County for the City. That Chapter requires any taxi company wishing to do business in the City
of Diamond Bar obtain a Los Angeles County License. The County determines that there is a "Finding of Public
Convenience and Necessity" for the taxicab operations, without City input. The County's Ordinance calls for a
lower limit of insurance ($300,000) which only names Los Angeles County and not the City of Diamond Bar as
additional insured. In addition the taxicab company rates and complaints are reviewed by L.A. County.
Due to the above stated reasons, Staff believes that it is appropriate for the City to implement its own Taxicab
Regulation Ordinance. This will ensure all taxis operating in the City have the appropriate liability insurance of
$1,000,000, as recommended by the City's Risk Management Insurance Company (SCJPIA), and the insurance
names the City of Diamond Bar as additionally insured.
The City Council, upon application from a Taxicab Operator, will make a "Finding of Public Convenience and
Necessity", set the meter rates and review any complaints. The proposed Ordinance allows for the City's Dial -A -
Cab operator to conduct business in Diamond Bar, as well another taxicab companies if there is a need.
The City Council reviewed and adopted for first reading a Taxicab Operations Ordinance on March 7, 1995. The
new City Attorney reviewed the Ordinance and suggested several changes. Due to the nature and scope of the
changes, the Ordinance is coming before the City Council as the first reading. The changes include:
Re -formatting the Ordinance into five sections (Definitions, Permits and Licenses -Generally, Licenses,
Driver's Permits, and Violations.
Ordinance only pertains to automobiles for hire or taxicab service that originates from within the City.
Page Two
Taxicab Regulation
Revised Ordinance to clarify what application information is required for obtaining a license and specifies
the type of information necessary in order to make a "public convenience and necessity" proposal.
Revised Ordinance defines "driver's permit", and process to obtain and issue permits.
The City Council will set taximeter rates by resolution which all taxicab operators would be required to
follow as a condition of the license.
New section regarding consequences of violating the Ordinance.
Included a emergency temporary suspension provision of licensees and permits for the public health, safety
or welfare may be jeopardized.
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. T'- 2 --
TO:
TO: Terrence L. Belanger, City Manager
MEETING DATE: April 4, 1995 REPORT DATE: March 30, 1995
FROM: James DeStefano, Community Development Director
TITLE: 1995 General Plan; Distribution of final draft document, establishment of public hearing
in May, and referral of specific modifications to the Planning Commission for
recommendation.
SUMMARY: The City Council has concluded its initial review of the Planning Commission
recommended draft General Plan. The Council directed the preparation of a final
"Draft" General Plan for distribution and commencement of a 30 day public review
period.
RECOMMENDATION: It is recommended that the City Council direct staff to distribute the revised Draft
General Plan, establish a May 9, 1995, public hearing, and refer the draft General Plan to the Planning
Commission for recomendation on specific issues.
LIST OF ATTACHMENTS:X Staff Report
Resolution(s)
_ Ordinances(s)
_ Agreement(s)
_ Other
EXTERNAL DISTRIBUTION: Library
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
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? X Yes _ No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments: ALL
RE IEWED BY:
Terrence L. Belanger Frank Us er James DeStefano
City Manager Assistant City Manager Community Development Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: April 4, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: 1995 General Plan; Distribution of final draft document, establishment
of public hearing in May, and referral of specific modifications to the
Planning Commission for recommendation.
ISSUE STATEMENT: The City Council has concluded its initial review of the Planning
Commission recommended draft General Plan. The Council directed the
preparation of a final "Draft" General Plan for distribution and
commencement of a 30 day public review period.
RECOMMENDATION: It is recommended that the City Council direct staff to distribute the
revised Draft General Plan, establish a May 9, 1995, public hearing, and
refer the draft General Plan to the Planning Commission for
recommendation on specific issues.
DISCUSSION:
On March 6, 1995, the City Council concluded its initial review of the Planning Commission
recommended draft General Plan. Staff and our consultants have incorporated changes to the text,
figures, tables, and maps in response to City Council direction. The document is now ready for
distribution commencing a 30 day public review period as previously established by the Council.
In accordance with the government Code a noticed public hearing is necessary to adopt the General
Plan. In order to accommodate the 30 day public review period and mailing of documents, it is
recommended that the public hearing date to begin the City Council adoption process take place on
May 9, 1995.
I
The Government Code (§ 65356) requires that before the City Council makes any "substantial
modifications" to the Planning Commission recommended General Plan, it must first refer the
changes to the Commission for its recommendation.
It is suggested that the Planning Commission consider and provide a recommendation to the City
Council regarding the following proposed modifications not previously considered by the
Commission:
The establishment of a RH, High Density Residential (20 du/acre) Land Use
classification;
2. The addition of Residential uses at a density of 1 unit to 2 acres within the Agricultural
(AG) designation;
3. Revisions to the Land Use Element text regarding the Planned Development
classification and areas so designated; and
4. Modifications to the Land Use Map reflecting the above.
It is recommended that the City Council direct the Planning Commission to review the modifications
as outlined by staff, and report its recommendations to the City Council by April 27, 1995. As
provided in the Government Code, the failure of the Commission to report its recommendations by
April 27, 1995, shall be deemed a recommendation for approval.
PREPARED BY:
James DeStefano
Community Development Director
2
ULF
OND BAR CITY COUNCIL AND COMMITTEE MEETINGS)
DIAD PLIES TO COMMISSIO
(ALSO AP
PUBLIC INPUT Council are open to the public. A member of the public
s of the Diamond Bar City items and/orother Council A
The meeting ect of one or more agenda
may address the Council on the s ebt matter jurisdiction of the Diamond Clerk.
interest which are
within the subj Person to the City
to address the Council should be submitted m p e lace at the discretion of the request ents will take p parties for an
opportunity for public comm
As a general rule the opp facilitate the meeting, persons who are interested
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In accordance with Governor comment on items previously
dispense with public
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Brown Act), all matters to be acted on by or when a subject
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In accordance `"lith State
Lav to the Council meeting. king certain finding
be posted at least 72 hours p Posting of the agenda, upon ma
matter arises subsequent to the p . osted agenda.
may act on an item that is not on the p
CIL CHAMBERS its the folowing acts
CONDUCT IN THE CITY COUN person who comm
Bar City Council.
The Chair shall order removed frig ee the
f the Diamond any
' regular or special
in respect to a reg member of the staff thereof,
A Disorderly behavior toward the Council or any
interrupt the due and orderly course of said meeting -
tending tending to tending
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B A breachthe alar c special
interrupt the due and orderly wing of
sin respect to a reg
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meeting of the Diamond Bar City Council.
C Disobedience of any lawful or
of the Chair, which shall include an order to be
der
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 -LINE
General Information (909) 860-2489
NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE
AGENDA.
For comparison, attached are copies of the Board Rules of the MTA and Los
Angeles Board of Supervisors as well as written comments received from
Al Rumpilla.
The M of tae Board of BapeTvisors are open to the p Aft A Member of
the public M&Y address the Hoard an one aa item pe: mseAn$, and a
rapest to address the Board must be submhted ttt Pearson to 20 $zeantive
OUSM of the Hoard Pryor to the start of the mesund The Boald may Run the
publico input an amt its, based on the mutaber of psOVW regoeeWng to speak
and the business at the Board.
In addition, a member of the pubho bas Qs rim to ad&M the Board an items
of Interest wbkh are witbin tbs matterof "tie Hoard. A per-
son may make ons pz�a in any Wes z oa i period, an a m ck-&$=ds
Item, but tbs pM+esentsUm sha nest eMOW UW M minutes Uk leoOh. U04 more
than five pwsams may address the Band as ==4 Vmds SMI= as OW meatII4
In 6000rosa w wtth the Brotira Ant, ori matifm to be ailed ao bW US Boatd must
be Poelsd si least 72 Aours Pe" to for Baird mesttnd In areae at an e®er-
may, ar when a sut jeat matter needs itamediate MGM oe acmes to the attua-
tbon of cbs Board evboegwez�t do the apDds bei porteA, upon maidag Cert =
riadtt�gs, the Bard m&y sat an an Mean that was ant on Vw pcMd SOWS.
The Movysy of the Doerd`s llre W a®enda is bsetQW a vUGMA ww
MW �
AMWthe %.ocarm and Fledge ad Aibe�aaoe, the Chats �win
rsgnast the ZzeauU" OflIosr to 012 the apaAa. The Io MOv QWAW •m indi-
osis WhM itMa have be regoested to be Date toe di cnseton or ootttlriustrosI
and she remaim"rd N&M wM be apptvved_ hems wbioh AM ret fOr a time oftv-
tart: may or may " be oaiied up apt a aoW IM tlme iodioafed, depend" on
UW s at the Board. This items 90 are held ftr disevWM may be taken
Up at WW name, depeMg on the basilaris of tbs Bontril.
The &@M& is-1pnaaat"c tr do► Cep * belaf =Mary C9
the ciepartmemRIs recomm5Oded notion, and In moo UOMM oesr a Ox x IsPomling ren
oma�oeadetion i the cid' A Omen, Mee" is apt mum
mcbd at tbs em at esah SOW* ars Dams wmcn We baa 000tlaued !fes prev}
M moo for ft thrr MamM and aadaa td tee HoV& =8 pOOM Of ttse a�eada
is =mum* reamed In es the 'A4= AdOW. A& ft req" Of a + items
M the A* spaz" ® be caned %*ftr aa�� A S OM
C DUUT IK BOA 1003
Tba Hoard has adopted s set of rdw fdr aanduot eufft the Soffird mUU26 . The
tbvowtns cow i tW dV &dopod MjUs at %be Hoard pWWW to aomdvat to
tbs Board Boom:
Ssatton 1.0. RBbtO'VAL MU TSB BOAZ) ROOM. The Cbsir Oh" order
removed from the Board Room sa psnm wba OOMMM Uwfob agig to
rtspect to a regdar or speak" meetng of the Board of Oups TWOO:
�a) Dssar", aomtesnp== m' �W O wUMoaraoanae of
sW member tb&eo:,
said meettft
rnr t.►1n.,�1 I msdde be�It COW.)
CVZMUCT;;+ .1► .1Li� i ��ielrt'M`��.i�=. �� Y' M Fr.+k° 6. r�I1
(b) A brit& i y t4R ~., t,0 jA IgA;j*, ccr&il Dr v ik$ tEndi�lg
to ut*rruVt the dun :unci c r,;l,t f. ImIlve of W d Meiling
(a) Ddaot ie�xw of a4Y "AwitL. err, of the UAIr, VbJ& 9W Indude an
ovft 10 be ' W. Ori 1` f t';'CIIi Sd me BOaI'il; amd
(d) syr otber U&WfW ulwl P. wNi 1* IN sad QMff�t oaf
of said mccUMC
A� Pa'son so remon+�d atv�.t Dt e:tCh�dac! f� dance � me meetit�
tr= w llch be bae been remoavod. UDIOW paras to agend be um
mw= adppw Dy a m lomw vow of the 8oart and soah M=bdo dw be mot"
by the 8pe,—Arms upon bend :+b drw*ad by %be Clair.
�,I '!.-POT '611F
Agendas for the Board nmeaunp are prepared by the lxsouUv s Otrioe on
Wednesday SfUnT ons and are available on Thureda`y mOrnlaBL Amoss and
aVWurm"s documents An also avallabbd aid mabe awrseed by a
pereandi computer umpda a, phow mgdm. & e0;; L ataileble lrrld4,Y st�sl N
eorreoeto 5 admttons or dole4toaa► to oda,
noun. The a®eoda and ouppo� dao+ame�ts are a3so aysilabte
eleeta►a�odl�, as *nm* d above.
g" y m"U" of tae Bq" of &*wviwra 'is ro ded as • =MAW tepeev and
du &*W tapes ere avaltable ft a nominal ch".
Atter ssnh Boari meatL a statement d pwoveadta�t is prepared wbi* indkx"
the &MOM taken by Um HowdlO MobbW The voter. A ]VeooeOed m~ is
aysa" Burd MSOU g reprdtg wM* tip were
approved by tae Bard. TM statement of X and gappormg
are avW3" sl.otaa:*@By an p"&y aftwoom sad mw tie a►ooessed by a p
pond camp Aw and phome Mod= The prt�ed 8d o� Pi'ooeedit�
� (BOP)
are avail" tae week foDYWIM tae n WWW
poples Oe lades of tie Bard • (813) 974.14%
Copim of APWW - ( 13) 974-1424
Copied of MM=wnte Of Prcoseding - (f313) 9741424
Caaadt►e Too of meef V - (213) 974-1424
Tratmca,ptd of medMV - (215) 974-1087
Comp Aw Am= to agendas and MP - (219) 6710`1387 or 880-1388
1+h(= r"LrdW acaotu of the Bawd - (213) 974-77107
General Informattan - (213) 974-1411
ul en
Air pereoa wbo Mko suppoRt or endoreameut tro® providW at I= AVOW CM* Codes
aaar of!l 9 a may be adroa 10 tea
Chapter 2.1009 n"Un4 to lobb"ts. vjOWMcn Oftbf bbb7iet OFft& o0- m4Y reeoiti
. - — — — - 0 •n • r0% ^M 1 1 MR
1NSfROPOLTTAN TRANSPORTATION AUTHORITY BOARD RULES (ALSO APPLIES TO BOARD COMMITTEES)
pUBLICINPUT
The meetings of the Metropolitan Transportation Authority Board are open to the public. A member of the public may address the Board on the subject of one o•
rest which are within the subject matter jurisdiction of the Metropolitan Transportation Authority. The total presentaf
more agenda items and/or other items of inte
for any combination of agenda items and non -agenda items addressed shall not exceed two minutes in length. A request to address the Board must be submitted
person to the Board Secretary.
As a general rule the time and agenda order for public comment at each meeting will be 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 Board.
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 a
committee composed exclusively of Board members. (Does not apply to Committee meetings).
In accordance with State Law (Brown Act), all matters to be acted on by the MTA Board must be posted at least 72 hours prior to the Board meeting. In case of
emergency, or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings the Board may act on an item that is not on the
posted agenda.
CONDUCT IN THE BOARD ROOM The following rule pertains to conduct at Metropolitan Transportation Authority meetings:
REMOVAL FROM THE BOARD ROOM The Chair shall order removed from the Board Room any person who commits the following acts in respect
to a regular or special meeting of the MTA Board:
a. Disorderly behavior toward the Board or any member of the staff 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 of the Chair, which shall include an order to be seated or to refrain from addressing the
Board: and
d. Any other unlawful interference with ire due and orderly course of said meeting. _
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE BOARD
Agendas for the Regular MTA Board meetings are prepared by the Board Secretary and are available six days prior to the meeting. Agendas are available electronically
and may be accessed by a personal computer through a phone modem. A supplemental agenda that includes corrections; additions or deletions to the agenda is available
72 hours prior to the meeting. The supplemental agenda is also available electronically.
Every meeting of the MTA Board of Directors is recorded on cassette tapes, and duplicate tapes are available for a nominal charge.
This record is available on the second business day following the
After each Board meeting, a record is prepared which indicates the actions taken by the Board
meeting.
DISCLOSURE OF CONTRIBUTIONS
The State Political Reform Act (Government Code Section 84308) requires that a party to a proceeding before an agency involving a license, permit, or other
entitlement for use, including all contracts (other than competitively bid, labor, or personal employment contracts), shall disclose on the record of the proceeding any
s re
contributions in an amount of more than $250 made wid»n the preceding 12 months by the parry, or his or her agent, to any officer of the agency.
to make this disclosure shall do so by felling out a "Disclosure of Contribution" form which is available at the LACMTA Board Meeting and its committee meetings.
Failure to comply with this requirement may result in the assessment of civil or criminal penalties.
ADA REQUIREMENTS
A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. A wheelchair ramp can be provided by
giving notice at least three business days in advance of the meeting. Sign language interpreter services are also available by giving notice at least three business days
in advance of the meeting. Please telephone (213) 244-7451 between 8 a.m. and 5 p.m., Monday through Friday. Our TDD line is (800) 252-9040'
HELPFUL PHONE NUMBERS
Copies of Agenda - (213) 244-7211, 244-7213
Copies of Rules of the Board - (213) 244-7451
Copies of Record of Board Action - (213) 244-6581
Copies of Cassette Tapes of Meetings - (213) 244-6581
Computer Access to Agendas - (213) 244-6040
General Information (213) 244-7451
TDD line (800) 252-9040
NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
AL RLTWELLA
ice:VIC a b :11Ve 9 1 ell OAO#�I I .!
IVACI lkyj
I1 my �IIVIAWI v v IFIA M-09).0-3-1
DATE: February 3, 1995
ATIMMON: Mr. Terrence L Belanger
FROM: W. Al Rumpilla,
Would you please see that a copy of these two pages, be paw on to each of
our Council members for Tuesday (the 7) council meeting M=k you
Onpage 2,are myrecommendations for changes that I feel should be made
to the council's rules that have replace the mission statement on the back
page of the agenda. I feel that who ever wrote the rules we trying to close
the door to the public for fiftm participation.
Mr. Al RmmpiUa
MMM CWPAMS UO=MMGCOVMS=rTM
DrAIL PAaMARB NMRBCMMCM.L(9M SR-�
FACSM&EqA--Q W-WM(9M SQ -199t
FEB -07-93 TUE 03:22 PM COMP BUS SERV/N.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
members of the City of Diamond Bar City Council.
b. "Communications" are hereafter defined 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 "lo " including' variations" giving the iunpt+essioA of City or City Council
orSor°� sanction communications, regardless of who created and/or printed it, with or without the
5� 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, pias, tee shirts, balloons, video/audio tapes, computer dusts. 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 IPROHIBI'IED.
S. All other "Communications" SHALL BE LIMITED TO OFFICIAL. GOVERNMENT BUSI-
NESS except for the following:
6. a. ANY NON -SANCTIONED communications otherwise not prohibited by this policy, by
individual or groups of City Council members, or their representatives, 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). The
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 next scheduled Diamond Bar City Council meeting. A
simple signature by three or more council members or a majority of the quorum at that meet blo
will constitute approval.
DIAMOND BAR CITY COUNciL MFE NO RULES
PUBLIC DOW
The mediops afge Diamond Bar City Council ase apmt*6e pd&- Ammilw afibe public msy address
&e CoomM an*e aobjedctooe armors apm k Yeas. Arequatb addsesthe COMMA MW V01MINYbe
dusted b the City Ck&
In aedwto hes im,madamating. petrous who dee idaedmed paetim fir mh moray beMUM b ON their
preseotdionatthe fineft item is celled anthe apeadL Yewcoopumim is redly mmecided
In aeoordaooe via side Lw (BROWN AM, all mom b be aged mby the C ky Council mast be posted
at least 72 burrs priorlo the Comet =dim In case of emapem7 crwhm a sobjed mater arias sobsegoa t
b the posting a(dw aimda. up= mldnp aeetain Sodiops. the Cameil may ad as an item that;. sat an the
poled apeadL
CONDOM IN THE CI Y COUNCII. cis
The Chair doll aeder f —c i , firm the Came Cbambw MW pmm wb a mmik am ED Mh* sell in
reaped b a Lr ar eper3d meetiop of the Diamond Bar C:i1y CamcH
A. Disorderly bilmiw b idedioolly inmemept the doe add mdedy comae of adid asediop.
B. Avidentd'ishshs wk iommlioolly b WeaWtihe due rod adetty nomas afraid med1v8
a Any mUmM iotedamoe wftthe doe rod adetly doodad afraid mediae.
EWOBNATION REL421 dCi TO AGENDAS AND ACTIONS OF THE COUNCIL
Apmdm fw dw replw Diamaad Bar Crty Cauocl medias m puepared by the C i1y Clerk and die availabk
72 home prior to the muddle. Apeadss are availabk deckamicslly and may be aeeesed by a pemand
campuie:ilmophaghme modem
Every meetiop afiheCigr Camdl i tnoorded an cassette tapes and duplicamet�spes due asrar7able fiK anemioal
charge.
ADA TS
A eadles miciophoee h available for dwse persons with mobilia► io g airmmb who comrot am= the public
speaking arra SiP lanpaape iderprmtrt sdevioea are also available b7► giving adios at Inst thrall boeioess days
in advame ofda meeting. Meese telephone (909) WO -24891 -1 pm 8 am sod S pm Moodq *ME*
FAY•
BEL PFUL M9ONS NUMBUB
Copia of Aprads. Rules dim Council, Camdte Tapes of Meedep 0" 860.2189
Campumer Ames b Apmddd (909) 860-LlNR
Gwwml IWhmrdim (909) 860.2489
NOTE: ACTION MAY BE TAKEN ON ANY ITEM MENTUM ON TIM AGENDA.
CC: b alt city m mcfi membri
CC: b city meow
CC: to city owbe
FEB-07-95TUE 03:23 PM COMP BUS SERVXN.ANIS 909 396 001--
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 the 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 majority of the quorum at that meeting will constim 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 parties 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 fines, including collections and attorney fees.
Any money due from, the City of Dimond Bar to scoffaws, including salary and expenses,
will be withheld until frill payment is made.
e. Payment of fines and .fees will be made to the City of Diamond Bar and will be applied to the
general fiord.
f. The City of Diamond Bar will not be responsible for legal fees or fines incurred by individual
city council members andlor 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.
p y is E. Papen, Mayor
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.
�e
RESOLUTION NO. 91-71
A RESOLUTION OF TSE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING CITY COUNCIL STANDARDS OF OpZUTION
WBIREAS, 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
WNXRRRS,p the establishment of standards. by the City
Council will promote understanding and trust amonq mambarg of the
City Council and statf concerning their. roles, responsibilities and
expectations for the operation of th6 City;. and
WRERM, the establishment and periodic review of thase
City Council policyst
Council Members. understand
will assist new members of the City
Council to better their role and responsibilities as
as lolloas: IT R280"3'p by the City of Diamond Bar
*Poo 4 l•1. . •1
A. The Council shall meet the first and third Tuesdays of each
month, commencing at 6:00 p.m. it 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.
S. Public Comments are to be scheduled -'for 6:00 p.m.,, immediately
lollowinq the Tlaq 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 writinq, if that the item(s) is
to be agendized, for a later Council meetinq date, at the
discretion of the Council and City Managar.
D. At the beginninq of the meetinq, if there are a number of
People requesting to speak on a particular subject under
Public Comments, the Mayor may request that there be a
spokesperson and that the others limit their cammeets,'speak
at the end of the meetinq or contact Council or City Manager.
This does not apply to scheduled agenda items.
COUNCIL STANDARDS
Page Two
section I. OPERATION OF CITY COUNCIL MEETINGS (CON'Tl
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 anforeinq the time limits as
suggested. Any Council Member may request an extension of the
five-minute time limitation. If the Council concurs that the
nature of the issue warrants an extension of time, the time
limit may be extended.
P. The Council will not hold a public hearinq on items scheduled
under Departmental Reports or Council Concerns. If just one
or two people desire to speak on the iter, the Council will
listen to their comets. If more than two persons at the
meeting desire to speak on an it", the Council may reschedule
the item on the agenda of a subsequent meatinq.
G. with Council approval; Mayor may schedule Council review of
agenda items out of- their proscribed order on the printed
agenda.
H. Significant proposed changes to City ordinances shall be set
for public hearinq.
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 dab ate with a member of
the public or staff at a Council meatinq.
K. The City Council will, on a quarterly basis, agendize and
prioritize those significant items to be scheduled as future
council study session topics.
L. If an applicant submits a new site plan for a development or
if the City Council requests changes in the submitted site
plan, the public hearinq will be continued at least two weeks
to allow time for staff review.
M. Any written correspondence or other materials received at a
City Council msetinq (frog the public or star!) will be
documented with a receipt time and date by the City Clark 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
:: •. • • � w 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 audictapod, in their entirety,
for Council, public and staff referenceiCity Council and
Planning Commission tapes shall be retaned for two years,
from the date of the meeting. All other Commission and
Committee meeting tapes shall retained, until the approved
minutes of a meeting have been reported to the City Council.
o. Any concerns by a Council Member over the performance of a
City employee during a Council meeting should be privately
directed to the City Manager to ensure the concern is properly
addressed.
• ���I V A- r"1�I.Ia.Y V •�• .�.1 • , ..1•
A. Individual Council Members will have the right to attend
meetings but are cautioned about becominq involved in the
meetings discussions and/or violatinq the Drovii Act.
H. written committee reports will be given -to the Council on
significant committee recommendations and/or actions.
C. Kiev ideas or suggested programs will be presented to the full
Council before presenting to the media.
section S. COER PRESENTATION4'AT OTAIIt aGarcivQ AND
A. If a member of the City Council represents the City before
another govesmm"tal agency, organization, the Council Member
will first indicate the majority position of the. Council.
Personal opinions and comsents may enpressed only if the
Council Member clarifies that these statements do not
represent the position of the City Council.
section 4. CITY COUNCIL RM TTONSgTpq NTTA 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.
H. In public session, City staff members will address Council
members, utilising Mayor, councilman or Councilvoman= and,
Council members will address all staff members, utilizing Mr.
or No. rather than the personis first names.
COUNCIL STANDARDS
Page Four
Section a. CITY COUNCIL RELATIONSHIPS WITH -CITY STAFF (CONIT)
C. city staff acknowledge that the Council is the City's policy
making body. The City Council acknowledges that staff
administers the Council's policies.
D. The Council, as the overall policy body, holds the City
Manager responsible for the administration of the City
Departments. The overall internal administration by the City
Manager is necessary in order to assure efficient and economic
operations of the various departments per Council direction.
E. The. Council will direct the City Manager on all major or new
issues. A Council Member will not initiate any action or have
prepared any report that is significant in nature or initiate
any project or study, without the approval of a majority of
the City Council.
F. All written informational material requested by individual
council Members will be submitted by staff to all Council -
members. with the notation indicating which:Council Member.
requested the. -.information.
G. Council will not attempt to coerce or influence -staff in the
makinq of appointments, the awarding of contracts, the
selection of consultants, the processing of development
applications, or the granting of City licenses or permits.
H. Mail that is addressed to the Mayor and City Council will be
circulated by --he City Manager to the City Council with a
commenc.as to which staff person will be assisting the Mayor
and/or Council Itember in preparing a response.
I. The Mayor's response, when appropriate and the original
communication, will be submitted to Council members for their
information. Mail addressed to individual Council Members may
.be responded to, by that Council Member.
K. Staff team sensitivity and support is important. once a final
decision is reached by the Council, Planning Commission or
other City body, it will be accepted, supported and
implemented by staff.
section S.
A. City Council Members will keep all written and verbal
information provided on matters that are confidential, under
State law, in strict confidence to insure that- the City's
position is not compromised. No dissemination of information
or materials will be made to anyone, except Council Members,
City Attorney, City Manager or Assistant City. Manager.
COUNCIL STANDARDS
Page Five
Section S. LITIGATION AND CONFTDFNTIAL TNFogMATION i.ONITI
B. It tha: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 persons) representinq the City in the
handlinq of the negotiations or litiqation. A Council Member
will not have any contact or discussion with the other party
or its representative involved with the negotiation during
this time and will not communicate any discussion conducted in
closed sessions.
section s. INDIVIDUAL Qg=TL IM RESPONSTUTLIMA
A. Frequent communication is an important and integral part of
council relationships and will be the standard of operation..
B. Respect for each individual Council Members interpersonal
style will be a• standard of operation. . Courtesy and
sensitivity to individual points of view will be a standard
Of operation. -
C.. On areas where Council Members disagree, especially on the
process to be used, discussions will occur to facilitate a
clear direction.
D. Council approach to authority is collegial rather than
individual.
E. council Members will keep an open mind on all issues.
F. Individual Council Members, on matters pertaining to upcoming
or anticipated items where a publiG'hearinq will be held, will
maintain as near.neutral position 'as possible to assure not
only the appearance but the actual degrsd of openness that is
attendant to ous coaeunity responsibility.
The City Clark shall certify to the, adoption of this Resolution.
1991. phsslD, ANYROM 3M AWPT D 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 foragoinq.Resolution was passed, approved and
adopted at a regular meatinq of the City Council of the City of
Diamond Bar held on 3rd day of December 3, 1991, by the following
vote:
AYES: COUNCILMEMB ERS :
NOES: COUNCILME14BERS:
ABSENT: COUNCILKE14BERS :
ABSTAINED: COUNCIZJtZHBERS:
Miller, Forbinq, M/Rim
Nona
Papen, Werner
None
d�2� je(��
ZYNOA BURGZ S, ' City Clark
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.
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.
f,,
RESOLUTION NO. 91-71
A RESOLUTION OF TBE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ZSTABLIBNIN43 CITY COUNCIL STANDARDS OF OpnATION
SSEAEAS,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
WKIRR/, the establishment of standards. by the city
Council will promote understanding and trust among members of the
City Council and staff concerning their roles, responsibilities and
expectations .tor the operation of that City;. and
Wumum, the establishment and periodic review of these
City Council policy standards will assist now members of the city
Council to better understand their role and responsibilities as
Council Members.
lm, TUFO 1 01 » Zi' RMSOLTW by the City of Diamond Har
as follows:
A. The Council shall most the first and third Tuesdays of each
month, commencing at 6:00 p.m. If the Council desires to
proceed past .11 00 p.m., the Council; at 11:00 p.m., will
determine which issues will be completed at that meeting and
which items viii be continued to the next Tuesday matting.
B. Public Commlents are to be scheduled'tor 6:00 p.m., immediately
following the Flag Salute, Roll Call and Council Comments.
C. No action is to be taken on items raised under Public
Commenta, Besides oral requests, citizens - may also be
requested to put concerns in writing, it that the item(s) is
to be agendised, for a later Council meeting date, at the
discretion of the Council and City Manager.
D. At the beginning of the matting, if there ars a number of
people requesting to speak on a particular subject under
Public Comments, the Mayor may request that there be a
spokesperson and that the others limit their comments,'speak
at the said of the meeting or contact Council or City Manager.
This dots not apply to scheduled agenda ittms�.
COUNCIL STANDARDS
Page Two
•' •N • 6ti •
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 live -minute limitation on
comments by the public unless otherwise prohibited by law. The
Mayor will be responsible for enforcing the time limits as
suggested. Any Council Member may request an extension of the
five-minute time limitation. If the Council concurs that the
nature of the issue warrants an extension of time, the time
limit may be extended.
F. The Council will not hold a public 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 moetinq.
G. with Council approval; Mayor may schedule Council review or
agenda items out of their prescribed order an the printed
agenda.
H. significant proposed changes to City ordinances shall be set
for public hearing.
Z. The Council Member making a motion shall either restate the
motion or have the City Clerk restate the motion, before the
vote, to clarity the motion for thw public and staff.
J. Council Members should not get into a debate with a member of
the public or staff at a Council meeting.
R. Tho City Council will, on a quarterly basis, agendize and
prioritise those significant items to be scheduled as future
council study session topics.
L. If an applicant submits a new site plan for a development or
if the City Council requests changes in the submitted site
plan, the public hearing will be continued at least two weeks
to allow time for staff review.
M. Any written eorrassppoondence or other materials received at a
City Council meetinq (from the public or staff) will be
documented with a receipt time and date by the City Clerk and
distribution indicated. it 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
Paqe Three
N. All minutes of City Council meetings shall be composed
utilizinq 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
planninq Comission tapes shall be retained !or two years,
from the date of the meeting. All other Commission and
Committee meeting tapes shall retained, until the approved
minutes of a meeting have been reported to the City Council.
O. Any concerns by a Council Kaaber over the performance of a
City employee during a council meeting should be privately
directed to the City manager to ensure the concern is properly
addressed.
section Z.
A. Individual Council members will have the right to attend
meetings but are cautioned about becoming involved in the
meeting's discussions and/or violating the srovri Act.
S. signitieantt committee ttee recommendations and/or actions. iven- to ths cel on
C. Vew ideas or suggested programs will be presented to the full
Council before presenting to the media.
Section 3. T0KS*.A'T OTM TIES Angum_
.
A. Zf a member of the City Council reprints the City before
another gowsnIastal agency, organization, the Council Menber
will first indicate the majority position Ot th&sed only council. e
the opinions and comments may be ex res
Council Member clarifies that these statements do not
represent the position of the City Council.
section 4.
A. There will be mutual respect fros both staff and Council -
members of their respective roles and responsibilities, when
expressing criticise in public sessiou.
n. in public session, City staff augers will address Council
j and,
members, utilizing Mayor, Councilman or Couno utilizing Mr.
council members will address first names -
or No. rather than the pe
COUNCIL STANDARDS
Page Four
Section 4. CITY COUNCIL RELATIoNsHips WITH CITY STAFF (CON'T)
-C. City staff acknowledge that the Council is the City's policy
making body. The City Council acknowledges that staff
administers the Council's policies.
D. The Council, as the overall policy body, holds the City
Manager responsible for the administration of the City
Departments. The overall internal administration by the City
Manager is necessary in order to assure efficient and economic
operations of the various departments per Council direction.
E. The. Council will direct the.City Manager on all major or new
issues. A Council Member will not initiate any action or have
prepared any report that is significant in nature or initiate
any project or study, without the approval of a majority of,
the city Council.
F. All written informational material requested by individual
Council Members will be submitted by staff to all Council-
members with the notation indicating yhich:Council Member-
requested the -.information.
G. Council will not attempt to coerce or influence-staff in the
making of appointments, the awarding of contracts, the
selection of consultants, the processiriq of development
applications, or the granting of City licenses or permits.
H. Mail that is addressed to the Mayor and City Council will be
circulated by the City Manaqer to the City Council with a
commenc as to which staff person will be assisting the Mayor
and/or Council 2:ember in preparing a response.
I. The Mayor's response,-when appropriato and the original
communication, will be submitted to Council members for their
information. Mail addressed to individual Council Members may
be responded to, by that Council Member.
K. Staff teas sensitivity and support is important. once a final
decision is reached by the Council, Planning Commission or
other City body, it will be accepted, supported and
implemented br staff.
section S. T-TTIGATION AND CONFIDENTIAL INPORMION
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 dissssination of information
or materials will be made to anyone, except Council Members,
City Attorney, City Manager or Assistant City. Manager.
COUNCIL STANDARDS
Page Five
Section S. LITIGATION AND CONFIDENTIAL INORM TTOM (CONIT)
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 pending claims or litigation, and/or
employee negotiations, all contact with'the other party will
be the designated City person(s) representing the City in the
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 communicate any discussion conducted in
closed sessions.
section s.
A. Frequent communication is an important and integral part of
Council relationships and will be the standard of operation.
B. Respect for each individual Council itembers interpersonal
style will be a• standard of operation.. Courtesy and
sensitivity to individual points of view will be a standard
of operation. -
C. On areas where Council Members disagree, especially on the
process to be used, discussions will occur to facilitate a
clear direction.
D. Council approach to authority is collegial rather than
individual.
E.- Council Members will keep an open mind on all issues.
F. individual Council Members, on matters pertaining to upcoming
or anticipated items where a public -hearing will be held, will
maintain as near.neutral position as possible to assure not
only the appearance but the actual degree of epenness that is
attendant to our community responsibility.
The City Clerk shall certify to the adoption of this Resolution.
1991. ,
PASS APPRCTM Am RDOPM. this 3, r_ day of December
PROPOSED AMENDMENTS TO COUNCIL STANDARDS Resolution 91-71
Section I. 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 S. 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
hr-,+. Council or the City Manager. They shall not be used for
t
W i y
personal, political'or pecuniary purposes.
COUNCIL STANDARDS
Page Six
I, Lynda Burgess, City Clerk of
certify that the foregoinq. Resc
adopted at a regular meeting o
Diamond Bar held on—IrA day of
vote:
AYES: COUNCILNB.MSERS:
NOES: COUNCZLKMZRs:
ABSZ":: COUNCIIBUr MMU:
ABSTAINEDs COUNCILM MBERS:
the City of Diamond Har, do hereby
lution was passed, approved and
f the City Council of the City of
22A0J1bAC--L 1991, by the following
Millar, Forbinq, M/Rim
None
Papen, Werner
None
1
LYN
City of Diamond mw C
RECEIVED OZ/07 16:33 1995 AT 909-861-3117 PAGE Z (PRINTED PA6L P. 02
FED -67-93 TUE 03:22 PM COMP HUS SERYiN.ANIS 909 396 0014
November 9. 1994
city of Diamond Bar
City GovernmentlCity 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
members of the City of Diamond Bar City Council.
b. "Communications" are hereafter defied 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 impt+essiom 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, proclamation%
declarations. press releases, business cards, newsletters, advertisomnes►ts, flyers, faxes, banners,
buttons, pins, tee shims, balloons, videafaudio tapes, computer discs, &nmil, and signs.
2. "Communications" pertaining to any partisan or nonpardsan candidates ARE HEMY PRO-
EIIBn'ED.
3. "Communications" involving NON -CANDIDATE POLMCAL USES MUST BE APPROVED
BY A MAJORITY OF A QUORUM OF THE Cri'Y COONm.
4. "Communications" FOR PERSONALAND BUSINESS USES ARE PROHIBITED.
S. All other "Communications" SHALL BE LlbffrED TO OFFICIAL GOVERNMENT BUSI-
NESS except for the following:
6. a. ANY NON -SANCTIONED communications otherwise not prohibited by this policy, by
Individual or groups of City Council members, of their mPmeutatives, wllet+e the city of
Diamond Bar, the City of Diamond Bar City Council, members of the City MO. andlor City
Commissioners are mentioned shall include the following disclaimer (in bold type with a
minumn point size ofl2 or the prevailing point size used, which ever Is larger) and consplcu.
ously used:
,b. '119a 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). 11e
City of Diamond Bar is not responsible for any representations made:'
7. "Communications" not relating to official government business Involving NONCANDIDATE
POLiT1CAL USES shall be drafted for council approval, included in the council members'
packets, and approved or declined at the next scheduled Diamond Bar City Council meedng. A
simple signature by three or more council members or a majority of the quorum at that meeting
will constitute approval.
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.
r r :D PAGE 3) 1
FES-07-93 TUE 03:23 PM COMP BUS SERV,-N.ANIS 909 396 0014 P.O3
8. "Communications" challcuged by one or more members of the City Council shall be drafted for
council review or approval at the nest scheduled blanion4 Bar City Council meeting. Said
Communications shall be included in the cowncil members, pact, and, if deW4=ned not to be
official government business, shall be approved or dedimed. A simple signature by three or more
council members or a majority of the quorum at that meeting will constituoe approvaL
9. & Violation of any provision of this policy by each individual councll member kill be cousid.
eyed abuse of office and will result in a flute of $2,500 per occurrence,
b. All fines will be due and payable immediatiely bines that remain unpaid for 30 days will be
turned over to collection and the responsible parties deemed Disclaimer a "acoffaw "
c. The names, offenses, and amounts due from any "seoffaw" Shari be made public.
d. Scoffaws will be responsible for any unpaid flues, 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 i1 made.
e. Payaaent of fines and fees will be made to the City of Diamond Bar and will be applied to the
general limd,
f. The City of Diamond Bar will not be responsible for legal ftes or fines incurred by individual
city council members and/or scoffaws challenging or found in violation of thio 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.
Phyllis E. Papen, Mayor
I, LYNDA BURGESS, the City Clerk of Diamond Bar, do hereby
certify that th6 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 BAR
INTEROFFICE MEMORANDUM
DATE: March 30, 1995
TO: Members of the City Council
VIA: Mayor Papen and Mayor Pro Tem Werner
FROM: Terrence L. Belanger, City Managercl<
Troy L. Butzlaff, Assistant to the City Ma ager
SUBJECT: Renewal of Cable Television Franchise - Jones Intercable
SUMMARY:
The City's cable television franchise with Jones Intercable will expire on May 23, 1995.
On March 17, 1995, the City's Ad Hoc Cable Television Subcommittee and staff met with
representatives of Jones Intercable to discuss the cable television franchise and to
establish a framework for future franchise negotiations. Because the existing franchise
expires in a few months, Jones has requested an extension of the current franchise for
an additional three (3) years in order to facilitate franchise negotiations. The City
Council, as the franchising authority, is empowered to extend the franchise term for a
period of up to fifteen (15) years. Should the City Council agree to an extension to the
existing franchise, Jones has indicated a willingness to make certain capital
improvements to the cable system including a fiber optics transmission system.
RECOMMENDATION:
It is recommended that the City Council: (1) approve for first reading, by title only,
Ordinance No. (1995) "An Ordinance of the City of Diamond Bar Extending the Term
of the Cable Television System Franchise, granted under the County of Los Angeles
Master Cable Television Ordinance No. 12,137 as amended and heretofore adopted by
the City, for a Period Not -to-Exceed 18 Months; (2) direct the City Manager to
commence a comprehensive evaluation of the cable system including financial and
technical audits, service capability and operator performance, and a review of the
operator's past record of compliance with the franchise ordinance; and (3) authorize the
City Manager to begin a needs assessment that will help identify the community's future
cable -related service needs and interests.
BACKGROUND:
Jones Intercable operates a cable television franchise under the terms and conditions set
forth by the County Master Cable Television Ordinance (Division 4 of Title 16 of the Los
Angeles County Code) and Ordinance 12,137 as amended and heretofore adopted by
the City. This franchise, which was originally approved by the County of Los Angeles
Board of Supervisors on April 22,1980 to Walnut Valley Cable Television and
subsequently sold to Jones Intercable of California, will expire on May 23, 1995. In
accordance to federal law and the provisions of the franchise ordinance, Jones has
submitted correspondence dated May 29, 1992, requesting that the City enter into
informal discussions for the purpose of considering renewal of the existing cable
television franchise.
Renewal and refranchising proceedings are fraught with legal pitfalls which can produce
costly litigation, as well as potential legal liability to the careless or cavalier city. Since
these proceedings involve a multiplicity of legal issues, which are nonexistent in the new
franchise context, it is imperative that the City Council have a thorough understanding of
the law before it commences renewal proceedings.
THE LEGAL FRAMEWORK:
The Cable Communications Policy Act of 1984, also known as the Cable Act, established
a national policy concerning cable communications and in doing so placed severe
restrictions on the ability of local government to regulate television operators. One of the
enumerated purposes of this law was to establish an orderly process for franchise
renewal so that a cable operator would be protected against unfair denials of renewal. In
establishing what has become a "Presumption of Renewal" provision, Congress has
made it extremely difficult for any city not to renew an existing franchise.
In 1992, Congress, under pressure from the public and consumer protection groups,
passed the Cable Television Consumer Protection and Competition Act of 1992 (1992
Act"). The basic premise of the 1992 Act was to address problems which followed the
adoption of the 1984 Cable Act including a trend towards monopolistic control of local
cable markets, rising cable rates, and the inability of local franchising authorities to hold
cable operators to earlier promises.
Under the renewal scheme, as amended by the 1992 Act, franchising authorities may
commence renewal proceedings 36 months prior to the franchises' expiration date (Title
47, USC, Section 546[a]). At this point, the City may on its own initiative, and shall at the
request of the franchisee, commence proceedings which afford the public in the franchise
area appropriate notice and participation. Public comment is received for the purpose of
"(1) identifying the future cable -related community needs and interests; and (2) reviewing
the performance of the cable operator under the franchise during the then current
franchise term" (Title 47, USC, Section 546[a]).
After the City has received public comment regarding the cable system, the cable
operator may, on its own initiative or upon request, submit a renewal proposal. During
the review of the renewal proposal, the Cable Act requires that the City consider several
aspects of the cable operator's past performance, financial, legal, and technical ability,
and future potential. Section 626(c)(1) of the Cable Act provides that four (4) factors be
considered in reviewing the renewal proposal. These factors include whether: the cable
operator has substantially complied with the material terms of the existing franchise and
with applicable law; the quality of the operator's service, including signal quality,
response to consumer complaints, and billing practices, but without regard to the mix,
quality or level of cable services or other services provided over the system, has been
reasonable in light of community needs; the operator has the financial, legal, and
technical ability to provide the services, facilities, and equipment as set forth in the
operator's proposal; and the operator's proposal is reasonable to meet the future cable -
related needs and interests of the community, taking into account the cost of meeting
such needs and interests.
The Cable Act prohibits non -renewal of the cable franchise based solely on operator
performance with the existing franchise or the quality of the cable operator's service. To
the extent that Jones has performed adequately under the terms and conditions of the
franchise ordinance, the Cable Act requires the City to review their proposal and
negotiate in good faith with them prior to entertaining proposals from competitors. Failure
to give Jones adequate consideration in the renewal process could result in litigation
based upon, among other things, breach of contract, tortious interference with
contractual relations, inverse condemnation, First Amendment violation, and antitrust
claims. If this wasn't enough, as an added measure of protection, the Cable Act provides
that a cable operator, that has been adversely affected by a final determination of
nonrenewability, may appeal that decision to any state or federal magistrate that has
jurisdiction over such matters. Thus, even if the City has complied with the renewal
procedures as set forth by the Cable Act and made appropriate findings to deny renewal,
the decision is subject to judicial review and could be overturned.
COUNTY OF LOS ANGELES
The franchise area serviced by Jones encompasses the entire City of Diamond Bar, as
well as portions of the unincorporated County. The County of Los Angeles Internal
Services Department is responsible for administering that portion of the cable franchise
that extends into the unincorporated area of the County (e.g., Rowland Heights). This
portion of the franchise also expires on May 23, 1995.
There are approximately 6,154 cable subscribers in the incorporated area of the County.
This is roughly a 45% penetration rate. In comparison, Jones Intercable has around
11,382 subscribers in the City representing a 64% penetration rate.
City staff has previously met with representatives from the County to discuss the
franchise agreement and other issues of mutual interest. Because both agencies are
served by the same cable television operator, staff continues to have ongoing
discussions with the County. Recently staff learned of the County's intention to provide a
two (2) year extension of the franchise for the purpose of facilitating franchise
negotiations. County staff has indicated that they are not interested in a three (3) year
extension as proposed by Jones. They are concerned that a three (3) year extension is
too long and would hinder negotiations. Furthermore, they believe that a three (3) year
extension could possibly benefit the cable operator especially if there are changes in
federal law further deregulating the cable industry.
The County is planning to perform an initial needs assessment as early as next month.
County staff has indicated a willingness to work collaboratively with the City for the
purpose of identifying concerns and developing a list of issues that both parties would
be interested in negotiating for. It would be beneficial for the City to consider working
with the County on certain issues such as community access television, PEG (Public,
Educational, Government) programming, system improvements, and future technologies.
This will place both agencies in a much better negotiating position, as well as reduce the
overall level of work for both agencies.
FEDERAL LEGISLATION:
The 103rd Congress considered several bills last year which were designed to
modernize telecommunications law and encourage telephone companies ("telecos") and
cable operators to compete in offering cable communications and telephone services.
House of Representatives Bill 3636 (H.R. 3636) and Senate File 1822 both sought to
expand the role of telephone companies by allowing them to offer services similar to
those currently made available by cable operators, but without being subject to the same
statutory requirements placed on cable operators by the 1984 and 1992 Cable Acts.
Fortunately, both bills failed to pass through Congress.
The future of federal telecommunications legislation is unclear. The elections held last
November have dramatically changed the face of the Senate and the House. Not only
did the balance of power change in the House and Senate, but many of the staffers who
supported cable regulation changed as well. Senator Brooks, a strong supporter of the
telecommunications legislation, was defeated. Additionally, two member of the House
Telecommunications and Finance Committee were defeated. Several members of
powerful House and Senate committees which also favored telecommunications reform
were replaced. Although there is much uncertainty, some experts believe that a more
conservative Congress may favor legislation which reduces all government regulation
including limiting municipal regulation and control.
In addition to possible legislative changes, technology is constantly in a state of flux with
new changes occurring every day. Consequently, the City needs to be cognizant of
these changes and their impact on the existing and future cable television franchise.
Fiber optics, direct broadcast satellite, smart television, digital compression, and video
dialtone are but a few of the issues that the City must be aware of and understand in
order to properly negotiate with the cable operator.
THE RENEWAL PROCESS
In approximately three (3) months the existing franchise will expire. Conservatively, it
will probably take four to six months to complete the required 626(a) proceedings. These
proceedings need to be concluded before the parties could sit down and begin
negotiations. Staff is concerned that there is not enough time to properly conduct a
comprehensive evaluation of the cable system that will help identify what the future
cable -related service needs of the community. This information will be particularly
important in identifying areas of inadequate performance by the existing operator and will
enable the City to make more knowledgeable and intelligent findings about the cable
system in general when negotiating with the cable operator.
In addition to an examination of the present system's financial and technical status,
service capability and their past compliance with the franchise ordinance, the City needs
to be aware of pending Federal legislation that may dramatically impact the cable
industry by allowing telephone companies to provide cable services.
Attached for the City Council use and information, please find several documents that
describe the statutory requirements for franchise renewal, as well as the typical renewal
process. Staff believes that an extension of 18 to 36 months is reasonable and could be
extremely beneficial. Besides providing the time needed to evaluate the existing cable
television system and to examine the need and demand for new services, particularly
interactive services, institutional networks, educational programming, and public access,
an extension of time will allow the City to gather the necessary factual information to
conduct negotiations. This will place the City in a better position to leverage the cable
operator for new services and to request certain improvements to the cable system.
Jones has requested a three (3) year extension to the franchise agreement in order to
foster franchise negotiations. They contend that a three (3) year extension will be
necessary in order to receive corporate approval to carryout a multi-year fiber optics
transmission systems project. Section 16.60.270 of the franchise agreement states that
the City Council may grant by ordinance an extension of the franchise term for a period
of up to fifteen (15) years. Staff believes that a three (3) year extension may be too long
and would recommend that the City Council consider a shorter term of between 18 to 24
months. This would still enable the City to negotiate with the cable television operator,
as well as conduct a series of technical, financial, and service review audits.
Attachments
Statutory Requirements for Renewal Process
Section 626 of the 1984 Cable Act (47 U.S.C. § 546) as amended by the Cable Television
Consumer Protection and Competition Act of 1992 (" 1992 Cable Act").
1. Notification "window" of six months for either party.
("Window" = 36th to 30th month before franchise expires.)
2. City must begin the renewal process within six months after receiving a notice
from the cable operator.
3. City determines whether to proceed under the formal requirements of the
Cable Acts, or, in the alterative and with the consent of cable operator, to
elect the informal process.
4. Under either the formal or informal process, the franchising authority ("City")
should gather information including the following:
a. Past performance of cable operator.
b. Future cable -related community needs and interests.
5. Request For Proposal ("RFP"). Based upon the information gathered, the City
develops a RFP which addresses the issues of past performance and future
cable -related needs and interests of the community.
6. Cable operator submits proposal and City provides public notice.
(Note: Within four months the City must decide whether to grant the renewal
of the proposal.)
7. City releases preliminary determination whether to renew.
8. If administrative hearings are necessary, public notice must be provided to
consider:
a. Whether the cable operator has complied with the existing franchise.
b. The quality of service provided.
C. The financial, legal, and technical capability of the operator.
d. Whether the operator's proposal is sufficient to meet future needs.
9. Written decision of the City.
a. Denial may not be based on:
i. Whether cable operator has complied with the existing franchise;
or
ii. Quality of the cable operator's service
b. Denial may be based on (8)(a) or(8) (b) above if the operator has been
given notice and an opportunity to cure.
(Note: An appeal by the cable operator to state or federal court must
take place within 120 days.)
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Overview of Typical Renewal Process
1. Cable operator and the franchising authority should identify and understand applicable
law controlling the franchise renewal process. This includes federal, state, and local
law.
2. The City should identify:
a. Cable -related interests and needs of the community.
b. Instances and issues of nonperformance regarding system operation under the
terms of the existing franchise.
3. An initial Request for Information ("RFI") may be prepared by the City to solicit
pertinent information from the cable operator regarding the existing cable system.
4. A Request for Proposal ("RFP") may be prepared by the City soliciting a response
from the cable operator. The RFP may contain:
a. A statement of the criteria which the City considers important;
b. The interests and needs of the community;
Specific programming or categories of programming cannot be
required, but preferences or interests can be stated;
ii. The City can present requirements for a system upgrade;
iii. The City can require that certain capital costs to support PEG access
facilities are provided.
C. Questions regarding the legal, financial, and technical qualifications of the
cable operator;
d. A description of a model franchise and a request that the operator include in
its proposal a list of objections to the model accompanied by preferred
language.
5. The City should set a deadline for submission of the renewal proposal.
6. The City should study the cable operator's proposal and identify those issues which
may require negotiation.
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7. If the City finds the proposal satisfactory:
a. The City should adopt the franchise.
b. The cable operator should accept.
C. All necessary closing documents should be provided.
i. Guaranty.
ii. Insurance information.
iii. Performance bonds.
iv. Security funds.
d. If the City finds the proposal unsatisfactory it should:
i. Issue a preliminary determination that the franchise should not be
renewed.
ii. Initiate an administrative proceeding to determine whether:
1. The operator has substantially satisfied the material terms of
applicable law and the existing franchise;
2. The quality of service provided, including signal quality,
response to consumer complaints and billing practices (but
without regard to the mix, quality, or level of services provided
over the system) has provided reasonable service in relation to
community needs;
3. The operator has the financial, legal, and technical ability to
provide the services, facilities and equipment described in the
operator's proposal;
4. The operator's proposal is reasonably tailored to meet the future
cable -related needs and interests of the community, taking into
account the cost such service will entail.
iii. Provide the operator with adequate notice of the administrative hearing
and a fair opportunity to participate, including the right to introduce
evidence and to question witnesses.
14
iv. Maintain a written transcript of the hearing.
(Note: Any denial of a proposal for renewal must be based on one or
more adverse findings with respect to (ii)(1) through (ii)(4) above.
Also, denial cannot be based on (ii)(1) or (ii)(2) unless operator has
been given notice and an opportunity to cure.)
x
Timeline
1. Get organized. Initiation of the renewal process and determination of responsibilities
including the possible need for assistance from consultants. Set dates for
accomplishing the items below.
2. Gathering and evaluation of information.
a. Assessment of Community Needs.
i. Institutional/organization surveys; and
ii. Subscriber/nonsubscriber surveys.
b. Compilation of assessment findings.
C. Request for Information ("RFI") sent to cable operator.
3. Document Preparation.
a. Model cable franchise drafted based on data from the assessment of
community needs and RFI.
b. Request for Proposal ("RFP") drafted.
4. Proposal.
a. Submission of the RFP to the cable operator. Cable operator is requested to
respond.
b. Submission of the model franchise to cable operator.
C. Cable operator submits its response to the City's RFP and model franchise.
S. Evaluate cable operator's response to the RFP and model franchise.
6. Identify issues for negotiation.
7. The City adopts an Ordinance awarding (renewing) a franchise to the cable operator.
H
ORDINANCE (1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE, GRANTED
UNDER THE COUNTY OF LOS ANGELES MASTER CABLE TELEVISION
ORDINANCE NO. 12,137, AS AMENDED, AND HERETOFORE ADOPTED BY THE
CITY, FOR A PERIOD NOT -TO -EXCEED 18 MONTHS.
A. Recitals
(i) The Board of Supervisors of the County of Los Angeles has heretofore adopted
Ordinance No. 12,137 entitled "An Ordinance Granting a Cable Television System Franchise
to Western Cable Enterprise, Incorporated."
(ii) On January 11, 1989, the Board of Supervisors of the County of Los Angeles,
pursuant to Section 16.60.170 of the Los Angeles County Code, consented to the assignment
of the franchise, granted under Ordinance No. 12,137, as amended, to Jones Intercable,
Incorporated.
(iii) The City of Diamond Bar has heretofore adopted, by reference, the Los Angeles
County Code and other relevant noncodified County Ordinances, including Ordinance No.
12,137, as amended.
(iv) The cable television franchise granted under Ordinance No. 12,137, as amended,
expires on or about May 23, 1995.
(v) The City of Diamond Bar and Jones Intercable, the cable operator, desire to extend
the term of the franchise for the purpose of completing renewal negotiations.
(vi) Section 16.60.270 of the County Master Cable Television Ordinance, heretofore
adopted by the City, states that the board may grant by ordinance an extension of the
franchise term for a period of up to fifteen (15) years, subject to the franchisee's agreement to
comply fully with the franchise and all amendments or other modifications to the franchise as
may be agreed upon by the parties.
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 in all respects as set forth in Recitals, Part
A herein.
Section 2. The City Council hereby approves an extension of the cable television system
franchise, granted under Ordinance No. 12,137 of the County of Los Angeles and heretofore
adopted by the City of Diamond Bar, until November 30, 1996, or until such time prior to that date
as renewal negotiations have been completed.
Section 3. During the extension of the franchise term, the City and Jones Intercable agree to
the same terms and conditions as set forth in Ordinance No. 12,137, as amended.
Section 4 The City and Jones Intercable shall agree to work diligently and in good faith in
order to negotiate a renewal of the cable television franchise that is acceptable to both parties
independent of the formal renewal procedures contained in Section 626 of the Cable
Communications Policy Act of 1984, 47 USC Paragraph 546, as amended.
Section 5. 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
2
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: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
LYNDA BURGESS, City Clerk
City of Diamond Bar
L+I
RECEIVED CONIMUNITY
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FAIR HOUSING FOUNDATION • 4014 LONG BEACH BLVD., SUITE 202, LONG BEACH, CA 90807 • (800)446 3247 • (310)981-2280 • (FAX)981-2280
BOARD OF DIRECTORS March 23, 1995
SHARON WEISSMAN
Chair
CLARENCE WILLIAMS
Vice Chair
MARGO MORALES
Treasurer Mr. ,lamc-s DpFitefinn
CANDACEHARTBARGER Planning Director
Secreta" Cit of Diamond Bar
BARBARA MOWERY y
EzecutWDirwor 21660 E. Copley Drive #190
Diamond Bar CA, 91765-4177
Dear Mr. DeStefano:
The Fair Housing Foundation respectfully requests your consideration in
acknowledging April as Fair Housing Month by presenting a proclamation from
the City of Diamond Bar to the Fair Housing Foundation.
Included for your consideration is a sample proclamation to be used in the
event that our request is granted.
A representative from the Fair Housing Foundation will be present to accept
this proclamation at the regularly scheduled city council meeting. Please
contact our office to confirm a date and time.
It h j)! ', Ue_ucl i ;`�.. as ...:i �..:.... j l.�.'' ai `:r
I I you have I j=
Sincerely,
Barbara Shull
Executive Director
Enclosures
FHF is a non-profit, non-partisan, educational foundation
PROCLAMATION
FAIR HOUSING MONTH
WHEREAS, one of the greatest freedoms enjoyed by Americans is the
freedom to live in a home of one's choice, and;
WHEREAS, this is the promise made to us by the Nation's Fair Housing Law
which requires that all people be treated equally in connection with the sale
or rental of housing, regardless of race, color, religion, sex, national origin,
familial status or physical/mental handicap, and;
WHEREAS, this year marks the 27th anniversary of the Federal Fair
Housing Act, the original legislation targeting the elimination of housing
discrimination in America, and;
WHEREAS, since the adoption of fair housing legislation in April 1968, April
has been designated Fair Housing Month. Each year the U.S. Department
of Housing and Urban Development, and the Fair Housing Foundation,
organizes events and activities during this month to focus attention on the
issue of equal opportunity in housing, and;
WHEREAS, April is Fair Housing Month throughout the nation, we are
asking each resident of the City of Diamond Bar to support efforts to put into
practice the principals of freedom, justice and quality upon which this great
nation was founded.
NOW, THEREFORE, the City Council of Diamond Bar on behalf of its
citizens, do hereby proclaim April as Fair Housing Month on this _day of
April, 1995.
Signed by the City Council.