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04/18/1995
tow C it NJ p4 co,vact/ 1GENDA Tuesday, April 18, 1995 6:30 P.M. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Mayor Pro Tem Council Member Council Member Council Member City Manager City Attorney City Clerk Phyllis E. Papen Gary H. Werner Eileen R. Ansari Clair W. Harmony 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 smoking, 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 are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other 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 sued 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 imqxirments 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 IDEWIFIED ON THE AGENDA. 1. 2. Next Resolution No. 95-19 Next Ordinance No. 05(1995) CALL TO ORDER: 6:30 p.m. April 18, 1995 PLEDGE OF ALLEGIANCE: Mayor Papen ROLL CALL: Council Members Ansari, Harmony, Miller, Mayor Pro Tem Werner and Mayor Papen SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 RECOGNITION OF THE DIAMOND BAR WOMEN'S CLUB 32ND ANNIVERSARY. 2.2 PROCLAIMING THE WEEK OF APRIL 30 THROUGH MAY 6, 1995 AS "SMALL BUSINESS: BUILDING AMERICA'S FUTURE." 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. 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 dive it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 4. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - April 24, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 PARKS & RECREATION COMMISSION - April 27, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY 6TH BIRTHDAY CELEBRATION - April 30, 1995 - 1:00 p.m. to Dusk, Peterson Park, 24142 E. Sylvan Glen Dr. 5.4 CITY COUNCIL MEETING - May 2, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 CITY COUNCIL GENERAL PLAN HEARING - May 9, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. APRIL 18, 1995 6. CONSENT CALENDAR: PAGE 2 6.1 APPROVAL OF MINUTES - Regular Meeting of March 21, 1995 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of January 23, 1995 - Receive & File. 6.2.2 Regular Meeting of February 13, 1995 - Receive & File. 6.2.3 Regular Meeting of February 27, 1995 - Receive & File. 6.2.4 Regular Meeting of March 13, 1995 - Receive & File. Requested by: Community Development Director 6.3 VOUCHER REGISTER - Approve Voucher Register dated April 18, 1995 in the amount of $306,611.50. Requested by: City Manager 6.4 CLAIM FOR DAMAGES - Filed by Jon Lanier March 28, 1995. Recommended Action: It is recommended that the City Council reject the request and refer the matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by: City Clerk 6.5 TERMINATION OF LEGISLATIVE ADVOCACY AGREEMENT WITH GONSALVES & SONS. Recommended Action: It is recommended that the City Council direct staff to notify Gonsalves and Son that the City shall be terminating legislative advocacy services, effective April 1, 1995. Requested by: City Manager 6.6 AWARD OF CONTRACT FOR CONSTRUCTION OF HANDICAP ACCESS RAMPS AT VARIOUS LOCATIONS - On March 21, 1995, the City Council requested additional information regarding the construction/modification of handicap access ramps and the Americans with Disabilities (ADA) Act. This is the second phase of the access ramps program along major boulevards. This phase will modify 96 ramps and construct four new ramps along Diamond Bar Blvd. and Golden Spgs. Dr. This phase of ramps will complete the APRIL 18, 1995 PAGE 3 major commercial boulevards and all ramps will meet the ADA standards. Recommended Action: It is recommended that the City Council award the contract to Keiter Construction Co. of Diamond Bar for construction of handicap access ramps, in an amount not to exceed $55,200. Furthermore, it is recommended that the City Council authorize a contingency amount of $8,000 for project change orders to be approved by the City Manager. Requested by: City Engineer 6.7 AWARD OF BID FOR MAPLE HILL PARK ADA RETROFIT - On March 7, 1995, the City council adopted Resolution No. 95-13 authorizing the City Clerk to advertise for and receive bids for the construction of A.D.A. Modifications at Maple Hill Park. Bids were received from nine contractors. Bids were opened and publicly read on April 7, 1995. Recommended Action: It is recommended that the City Council award a contract to Allied Engineering and Construction, Inc., the lowest responsive bidder, for the construction of A.D.A. Modifications at Maple Hill Park, in the amount of $154,661.84, plus an additional amount not to exceed $6,000 to serve as a contingency. Requested by: Community Services Director 6.8 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF MONUMENT SIGNS IN THE CITY PARKS IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The existing park monument signs incorrectly list "Los Angeles County" as the operator of the City's parks. Staff has prepared plans and specifications to replace the existing signs with a new design that correctly identifies the City of Diamond Bar on the sign. The design has been reviewed by the Parks and Recreation and Planning Commissions. Both Commissions are recommending approval of the new design to the City Council. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX approving plans and specifications for construction of Monument signs in the City parks and direct the City Clerk to advertise to receive bids. Requested by: Community Services Director APRIL 18, 1995 PAGE 4 6.9 CONTRACT EXTENSIONS: 6.9.1 EXTENSION OF CONTRACT FOR CITY-WIDE STREET TREE MAINTENANCE - On July 5, 1994, the City Council awarded a contract to West Coast Arborists, Inc. in the amount of $45,000 for City-wide street tree maintenance. The first year of the contract was from July 1, 1994 through June 30, 1995. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. West Coast Arborists, Inc. has done an excellent job servicing the City's tree maintenance needs. Plus, they are willing to forgo a C.P.I. increase to extend the contract for FY 1995/96. Recommended Action: It is recommended that the City Council approve the extension of the contract for City-wide street tree maintenance to West Coast Arborists, Inc., in the amount of $45,000 for FY 1995/96. 6.9.2 GRAFFITI REMOVAL CONTRACTS WITH SAN GABRIEL VALLEY BOYS CLUB AND GRAFFITI CONTROL SYSTEMS - On May 18, 1993, the City Council awarded a contract to Graffiti Control Systems, in the amount of $16,590 ($30 per site), for supplemental graffiti removal through June 30, 1994. The contract allows the Council to extend the contract on an annual basis and adjust the quantity of work to serve the best interests of the City. On August 16, 1994, Council extended the contract for the period of July 1, 1994 through June 30, 1995, in the amount of $20,000 (666 sites). Staff recommends termination of the contract with the Boys Club because of the low tech methods used for graffiti removal. Recommended Action: It is recommended that the City Council a) direct staff to draft a letter to the San Gabriel Valley Boys Club to terminate the agreement for graffiti removal effective June 30, 1995, and b) approve the extension of the contract with Graffiti Control Systems for graffiti removal for FY 1995/96 in an amount not to exceed $25,000 (833 sites). APRIL 18, 1995 PAGE 5 6.9.3 EXTENSION OF CONTRACT FOR WEED CONTROL/ SIDEWALK AND PARKWAY MAINTENANCE - On September 21, 1993, the City Council awarded a contract to Landscape West, Inc. in the amount of $54,742, for city-wide weed control/ sidewalk and parkway maintenance. The first year of the contract began on October 1, 1993 and continued through September 30, 1994. On August 16, 1994, Council extended the contract from October 1, 1994 through September 30, 1995. The contract allows the City Council to extend the contract on an annual basis, if an extension is deemed to be in the best interest of the City. Recommended Action: It is recommended that the City Council approve the extension of the contract with Landscape West, Inc. for weed control/ sidewalk and parkway maintenance for FY 1995/96 in an amount not to exceed $54,742. 6.9.4 EXTENSION OF CONTRACT FOR MAINTENANCE OF EIGHT (8) CITY PARKS - On June 15, 1994, the City Council awarded a contract to Accurate Landscape & Maintenance Corp., in the amount of $102,600, for maintenance of eight City parks. This contract was extended by the City Council on August 16, 1994 in the same amount for the period of July 1, 1994 through June 30, 1995. The contract allows the City Council to extend the contract on an annual basis, if an extension is deemed to be in the best interest of the City. Recommended Action: It is recommended that the City Council approve the extension of the contract with Accurate Landscape & Maintenance Corp. for the maintenance of eight city parks for FY 1995/96 in an amount not to exceed $102,600. 6.10 AWARD OF CONTRACT TO THE CITY OF BREA TO PROVIDE RECREATION SERVICES FOR CITY OF DIAMOND BAR FOR 1995/96 FISCAL YEAR - The City of Brea, as a contractor, has provided recreation services for the past three years. The current contract expires on April 30, 1995. The proposed contract from the City of Brea provides for a 1,522 person increase in participation, including new rollerblade hockey and Summer Day Camp programs, a $131,169 increase in revenue, with only a $2,755 increase in net costs. APRIL 18, 1995 PAGE 6 Recommended Action: It is recommended that the City Council award a contract to the City of Brea to provide recreation services for the FY 1995/96, with projected expenditures of $440,613 and projected revenues of $345,740. Requested by: Community Services Director 6.11 AWARD OF CONTRACT FOR PLAN CHECKING SERVICES FOR VESTING TENTATIVE TRACT 51169 IMPROVEMENT PLANS AND FINAL MAP - On April 10, 1995, Unionwide submitted their Vesting Tract Map 51169 an all of the related improvement plans to the City for plan check. Recommended Action: It is recommended that the City Council award the plan -checking services of Vesting Tentative Tact 51169 improvement plans and Final Map, in the Country, to Bryan a. Stirrat and Associates, in an amount not -to -exceed $15,986.00. Requested by: City Engineer 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 SECOND READING OF ORDINANCE NO. 03(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 - On April 4, 1995, the City Council approved for first reading a Taxicab Regulation Ordinance. The City, upon incorporation, adopted the L.A. 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 L.A. County Business License Commission. The adoption of a City Taxicab Regulation 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. Recommended Action: It is recommended that the City Council approve for second reading, by title only, Ordinance No.03(1995). Requested by: City Manager APRIL 18, 1995 PAGE 7 8.2 SECOND READING OF ORDINANCE NO. 04(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 6 MONTHS - The City's cable television franchise with Jones Intercable will expire on May 23, 1995. On April 4, 1995, the City Council received a comprehensive report on the cable franchise that included the statutory requirements for franchise renewal, as well as information on the typical renewal process. After some discussion, the City Council approved, for first reading by title only, Ordinance No. 04(1995) extending the existing franchise term for a period not -to -exceed six (6) months. Recommended Action: It is recommended that the City Council approve, for second reading, by title only and adopt Ordinance No. 04(1995). Requested by: City Manager NEW BUSINESS: 9.1 LOCAL GOVERNMENT EDUCATION - The League of California Cities, through the Institute for Local Self -Government and the Citizenship and Law Related Education Center, has developed a curriculum about local government in California for elementary, middle school and high school students. Traditional civics classes are largely devoted to national government, with only cursory attention to state of local government. Recommended Action: It is Recommended that the City Council approve the reallocation the $3,665.84 returned to the City from the D -FY -IT, Drug Free Youth In -Town Program as well as $2,400 be transferred to Account No. 001-4095-2355, Contributions to Community Groups, from Account No. 001-4095-4260, Economic Development, to provide funds for local government training Institute attendance by six teachers, three from each District, serving Diamond Bar students. Requested by: City Manager 9.2 PROPOSAL FOR COMMUNITY CENTER - Should the City, in conjunction with the Los Angeles County Sheriff's Department, establish, as a pilot project, a Community Service Center at the County Hills Town Center? APRIL 18, 1995 PAGE 8 Recommended Action: It is recommended that the City Council: (1) approve the establishment of a Community Service Center at the Country Hills Town Center as a pilot project for one year; and (2) authorize the City Manager to execute on the City's behalf a shopping center lease with Landsing Pacific Fund, Inc., in an amount not - to -exceed $10.00 per annum. Requested by: City Manager 10. ANNOUNCEMENTS: 11. ADJOURNMENT: In memory of Husna Ansari 17U VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: DATE: 1 / k / 0 5 - PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signat re C TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK f/ L DATE: 0 T ll; -,e A/I Al', PHONE: I expect to address the Council on. the subject agenda item. Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: yCITY CLERK FROM: 0 �-a� ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: DATE: A --le— /"r— %`_fid PHONE:S— I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signat e VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL u TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT CITY CLERK DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature FA TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK , 'J DATE: 6/1-'ly� PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature Fr VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature F19 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: f DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Regular Meeting at the South Coast Air Quality Management District Auditorium, located at 21865 E. Copley Dr., Diamond Bar, California at 6:30 p.m., on Tuesday, April 18, 1995. Items for consideration are listed on the attached agenda. I, TOMMYE A. NICE, declare as follows: I am the Deputy City Clerk in the City of Diamond Bar; that a copy of the Regular Meeting of the Diamond Bar City Council, to be held on April 18, 1995 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 14th day of April, 1995, at Diamond Bar, California. /s/ Tommye A. Nice Tommye A. Nice, Deputy City Clerk City of Diamond Bar 1. 2. 3. 4. MINUTES OF THE CITY COUNCIL 1,*4pREGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 21, 1995q� CALL TO ORDER: Mayor Papen called the meeting to order at 6:35 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Council Member Harmony. ROLL CALL: Council Members Harmony, Miller, Mayor Pro Tem Werner and Mayor Papen were present. Council Member Ansari was excused. Also present were Terrance L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; George Wentz, City Engineer; Jim DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 2.1 Proclaimed April as "American Red Cross Month." Marlene Garey, Pomona Chapter of the Red Cross, thanked the Council for the Proclamation and explained the Red Cross program. 2.2 Proclaimed April as "YMCA Month." Jerry White, Director of the YMCA, explained the YMCA programs for this year. PUBLIC COMMENTS: Arlene Pike, 24142 Willow Creek Rd., expressed concern about mud slides and about the water leak/seepage on Golden Springs. Red Calkins, 240 Eagle Nest Dr., complained about discrimination against north D.B. residents. Dr. Lawrence Rhodes, Fiber Ct., shared an article that he read in the March issue of the Tribune regarding truancy. He commented on cities implementing and enforcing truancy, curfew and citations for minors carrying alcohol and/or cigarettes. Terry Birrell expressed disappointment with the auditor selection process. Mike Goldenberg, Parks & Recreation Commission, announced the City's 6th Anniversary celebration, Sunday, April 30, 1995 at Peterson Park, 1:00 p.m. to 5:00 p.m. COUNCIL COMMENTS: C/Harmony read a retraction from the MARCH 21, 1995 PAGE 2 February 25, 1995 Daily Bulletin and commented on the Montclair Police Department and their great efforts in apprehending a burglar chased into a D.B. residence. He asked the City Manager if a report was completed regarding Diamond Point. He welcomed S&S Cleaners, D.B. Blvd. & Grand Ave., into the city. CM/Belanger advised that Diamond Point racquet club management had been contacted and they advised that the facility is not for sale. They are interested in providing the facility in conjunction with City recreation programs. C/Miller reported that he attended the Sheriff's Breakfast and met with the Senior Patrol. He stated that synchronization of the traffic lights on r.B. Blvd. and Grand Ave. will be discussed and completed during the summer months. MPT/Werner asked CM/Belanger to comment on the Golden Springs Dr. seepage and the General Plan's availability. M/Papen reported that she had recently traveled to Washington, D.C. with the MTA delegation and commended Congressman Jay Kim for his hard work and efforts. In response to Ms. Birrell, she stated that it was her decision to eliminate any firm that was a major player in the Orange County financial crisis. CM/Belanger stated that the seepage on Golden Springs has been an area of concern since the City incorporated. He advised that a solution is being sought. In regard to the selection of the auditing firm to provide the City's annual financial audit and quarterly procurement and cash disbursement audits, he advised that he would supply the process that was utilized and copies of the fee letters that the firms submitted independent of their proposals. CE/Wentz stated that the City retained the services of Kleinfelder Assoc. to complete a sub -surface geotechnical type review to try to identify the origin and destination of the underground water. Kleinfelder gave staff their best guess and the current plan is for the City to place a sub -surface drain in a location that would capture the bulk of the water and carry it to another underground drainage system away from the surface of the street. This project will be carried out in the summer months. CDD/DeStefano advised that revisions to the text graphics and maps associated with the General Plan are being completed with final drafts completed the first week of April. The Public Hearing will take place the week of May 8, 1995. MARCH 21, 1995 :?AGE 3 5. SCHEDULE OF FUTURE EVENZS: 5.1 PARKS & RECREATION COMMISSION - March 23, 1995 - 7:00 21, 1995 - p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. 5.2 PLANNING COMMISSION - March 27, 1995 - 7:00 p.m., AQMD Meeting of February Auditorium, 21865 E. Copley Drive. Approved as submitted. 5.3 CITY COUNCIL MEETING - April 4, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Drive. 6.1.4 5.4 PLANNING COMMISSION - April 10, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Drive. 5.5 TRAFFIC & TRANSPORTATION COMMISSION - April 13, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. 5.6 CITY COUNCIL MEETING - April 18, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Drive. 6. CONSENT CALENDAR: In response to M/Papen, David Liu, Senior Engineer, advised that the purpose for Item 6.7, construction of handicap z.ccess ramps at various locations was to install ramps that don't currently exist in order to fulfill ADA requirements. M/Papen asked if street lights or telephone poles would have to be relocated when upgrading these areas. SE/Liu indicated that a few relocations will be necessary which are accommodated fcr in the design. M/Papen requested that Agenda Item 6.7 be removed for discussion. MPT/Werner moved, C/Mill=_r seconded to approve the Consent Calendar with the exceptions of Items 6.6, 6.7, 6.8, 6.9, 6.11, 6.12 and 6.13. 'Kith the following Roll Call vote, motion carried: AYES: COUNCIL MEMBER - Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBER" - None ABSENT: COUNCIL MEMBERS - Ansari 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Regular Meeting of February 21, 1995 - Approved as submitted. 6.1.2 Special Meeting of February 23, 1995 - Approved as submitted. 6.1.3 Special Meeting of February 28, 1995 - Approved as submitted. 6.1.4 Special Melting of March 6, 1995 - Approved as submitted. MARCH 21, 1995 :?AGE 4 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of January 23, 1995 - Received and Filed. 6.2.2 Regular Meeting of February 13, 1995 - Received and Filed. 6.2.3 Regular Meeting of February 27, 1995 - Received and Filed. 6.3 APPROVED VOUCHER REGISTER - dated March 21, 1995 in the amount of $789,816.50. 6.4 REJECTED CLAIMS FOR DAMAGES: 6.4.1 Filed by Margaret J. Buchan on March 1, 1995 - Rejected request and referred matter for further action to Carl Warren & Company, the City's Risk Manager. 6.4.2 Filed by Susan M. Goode on March 2, 1995 - Rejected request and referred matter for further action to Carl Warren & Company, the City's Risk Manager. 6.4.3 File by Babbie R. Mayo on February 10, 1995 - Rejected request and referred matter for further action to Carl Warren & Company, the City's Risk Manager. 6.5 APPROVED PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND JWD TRANSPORTATION DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 20, 1994 AND 1993. 6.10 (a) ADOPTED RESOLU"ION NO. 95-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC: IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1995-96. (b) ADOPTED RESOLD"ION NO. 95-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC: IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1995-96. (c) ADOPTED RESOLUTION NO. 95-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MARCH 21, 1995 PAGE 5 MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1995-96. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 RECONSTRUCTION/REHABILITATION OF DIAMOND BAR BLVD., FROM GRAND AVENUE TO BREA CANYON ROAD - CM/Belanger stated that this matter was to request approval of up to $190,000 for change orders related to the project and increase the contract amount for the construction inspector from $15,000 to $21,720. He reported that the seven change orders include problem areas found during construction/rehabilitation and are reasonable. Nego- tiations with the contractor have been completed. He recommended payment of the change orders in the amount of $125,660.08. C/Harmony stated that the City had gone substantially over budget and asked staff why they didn't know of the underground spring when the road was wet all of the time. CM/Belanger explained that the actual contract that the Council approved was in the amount $1,128,997.15, the change orders reflect about a 12% increase. He advised that it was recognized that the design and the subsurface evaluation of that project might have been more extensive and more accurate. He also advised that there was a problem but staff was unaware of the extent of the problem until the ground was open. MPT/Werner asked why the work was not completed until February when the signs indicated that the work would be completed by December. He also asked if there was a liquidated damages clause in the contract for delays incurred by the contractor. ICE/Wentz explained that there was a difference between what was found versus the design plans which did not actually reflect actual field conditions. The design engineering firm conducted initial subsoil investigations through test holes, etc. to try to identify what the street section looked like and what subsoil conditions were. Significant water problems were found, in terms of soil saturation as well as standing water in some places. When the contractor hit the hydrants, it may have contributed to the problem but it did not cause the problem. Final quantities of work completed by the contractor were greater than the calculations in the design plans. Negotiations took place when the con- tractor charged for items that staff felt were a part of MARCH 21, 1995 PAGE 6 the job. He explained that the difference in the accounting is the number of work days versus the number of calendar days involved and the allocation or allowance given to the contractor for rain days. C/Miller asked if design plans and as -built plans were submitted by the County and stated that since the contractor hit three lateral hydrants, he will absorb the cost. MPT/Werner again commented on the liquidated damages and asked if the contractor was delayed because he did not have licensing for the rubberized material. He asked if the City has possession of the construction video. CM/Belanger stated that the contractor did not have the rubberized installation license; however, the project was held up for another reason also. SE/Liu reported that the contractor obtained the rubber- ized installation permit within 2 days and within that 2 day period, the primary contractor had also been doing some of the improvements. In response to M/Papen, CM/Belanger advised the exact amount for Griffith Co. is $190,000 and DL&A is for $6,720. C/Miller moved, M/Papen seconded to authorize the City Manager up to $190,000 for project change orders with Griffith Co. and authorize the City Manager to execute a contract amendment with Dewan, Lundin & Assoc. to increase the contract amount from $15,000 to $21,720. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, M/Papen NOES: COUNCIL MEMBERS - MPT/Werner ABSENT: COUNCIL MEMBERS - Ansari 6.7 AWARD OF CONTRACT FOR CONSTRUCTION OF HANDICAP ACCESS RAMPS AT VARIOUS LOCATIONS - C/Papen stated that for this construction, some light and electrical posts would have to be moved which would cost an additional sum of money. She advised that Congress will soon be passing a law that reflect the number of wheel chair ramps necessary. She asked how many intersections do not have curb cuts. SE/Liu reported that all intersections have standard handicap access which do not necessarily comply with current ADA standards. He clarified that only one pole box, not the pole itself, needs to be moved. He indi- MARCH 21, 1995 PAGE 7 cated that the ADA requires accessibility to pedestrians and that the City's ramps currently do not include several characteristics. ICE/Wentz advised that there is a handicap fund to help cities pay for these ADA requirement changes. C/Papen felt that was a waste of taxpayers money even though the improvements are paid for by Federal monies. MPT/Werner moved, C/Harmony seconded to hold over for 30 days the award of contract for construction of handicap access ramps at various locations and direct staff to contact local agencies that can provide input. With consensus of Council, the motion was approved. 6.8 AWARD OF CONTRACT FOR DIAL -A -CAB SERVICE - CM/Belanger reported that Dial -A -Cab services will be provided for seniors and the disabled within a 10 mile radius. The service contract is proposed for 16 months, after which 4 1 -year extensions will be made available upon mutual agreement. M/Papen asked if the 10 mile radius starts at City boundaries. Mr. Brian Hunt, President, Diversified Paratransit, advised that the 10 mile radius will start at the City boundaries in order to cover the Brea and La Puente Malls. MPT/Werner asked if the Chamber of Commerce had been involved in this process of determining the program. He expressed concern that people will use the cab for shopping outside the City. CM/Belanger advised that other Dial -A -Cab programs were researched within the area. He stated that their subsidy amount requires the rider to pay more money for the use of the cab. He also stated that the cab fare can be adjusted so that it will encourage residents to stay in the D.B. area to shop. Mr. Hunt stated that, on the average, the City will pay approximately $13.00 per passenger on the van service and San Dimas' Dial -A -Cab subsidy is approximately $4.50 per passenger. He reported that he had seen residents using the taxi for shopping within City boundaries in other cities. MPT/Werner asked Mr. Hunt if they could purchase gas .for MARCH 21, 1995 PAGE 8 their cabs in D.B. He suggested that an initiation period be considered in order to give the Council time to see how the program is working and how the fares are for the citizens. Mr. Hunt advised that that would not be a problem and that they could buy gas in D.B. C/Harmony stated that the $.50 fare was requested by the. senior citizens club, which was based on the Dial -A -Ride service which is $.50. He also agreed that a trial period would be acceptable. AA/Fritzal responded that the Dial -A -Ride's parameters include Hacienda Heights, Rowland Heights, the Brea Mall, the Puente Hills Mall, D.B. and 5 medical facilities including Brea, Corona, West Covina. In response to M/Papen, Mr. Hunt explained that tiered rates in San Dimas start with $1.00 for in -town rides and goes up the further a rider goes out of town. At some point, riders go onto the meter beyond the boundaries of the Dial -A -Cab service. In response to MPT/Werner, CM/Belanger advised that the budget through the end of the fiscal year is $25,000 and the contract term is for 16 months. M/Papen moved, C/Miller seconded to award a contract for Dial -A -Ride Service to Diversified Paratransit, Inc. for a 16 -month period with 4 1 -year extensions upon mutual agreement, and set the fare at $.50 within the City and $1.50 outside of the City. In response to C/Harmony, CM/Belanger advised that Page 2, Section 3E, Records Review; and Page 5, Section 17, Term Renewal, had been revised. C/Harmony moved to amend the motion to change Section 3E, Paragraph B to read "intensity of shared rides will be governed by the City Manager." He explained that this would give authority to the City Manager to administer group ride sharing. M/Papen stated that ride sharing is important; however, there are people that don't want to share rides. MPT/Werner commented that Dial -A -Cab manages ride sharing on the basis of when they get the call and the destinations of riders. MARCH 21, 1995 PAGE 9 Mr. Hunt stated that they will manage ride share pairing unless it causes complaints. C/Harmony's amendment to the motion failed for lack of a second. MPT/Werner asked about other emergency situations that arise and would they be covered. Frank Dursa asked if this program included Orange County and how the service will be advertised. M/Papen advised that Orange County is included; however, if the ride goes beyond a 10 -mile radius, then the cab will go onto the meter. CM/Belanger advised that the program will be widely announced through cable, senior citizen's center, Windmill, etc. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/ Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 6.9 RESOLUTION NO. 90-451: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS - C/Harmony verified that this resolution is to change personnel regulations to include a new position for MIS assistant and the City Manager's salary. MPT/Werner moved, C/Miller seconded to adopt Resolution No. 90-451 entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - Ansari 6.11 RESOLUTION NO. 95-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GRAND AVENUE STREET REHABILITATION, TRAFFIC SIGNAL SYNCHRONIZATION & MARCH 21, 1995 PAGE 10 INTERSECTION MODIFICATION PROJECT FROM GOLDEN SPRINGS DRIVE TO SAN BERNARDINO COUNTY LINE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. C/Miller moved, MPT/Werner seconded to adopt Resolution No. 95-17 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GRAND AVENUE STREET REHABILITATION, TRAFFIC SIGNAL SYNCHRONIZATION & INTERSECTION MODIFICATION PROJECT FROM GOLDEN SPRINGS DRIVE TO SAN BERNARDINO COUNTY LINE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/ Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 6.12 REQUEST FOR PROPOSAL FOR STREET MAINTENANCE SERVICES CONTRACT - C/Harmony asked how a private company can respond to emergencies anytime of day, in any kind of weather, any holiday, etc. He felt that the County had proven its ability to provide this service anytime with the right equipment. C/Miller moved, MPT/Werner seconded to approve the request for proposals on contract street maintenance services. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/ Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 6.13 RESOLUTION NO. 95-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SUPPORTING SENATE BILL 387 (MOUNTJOY) PROHIBITING AN ENFORCEMENT AGENCY FROM ISSUING A SOLID WASTE FACILITY PERMIT FOR A MATERIALS RECOVERY FACILITY, IF THE FACILITY MEETS SPECIFIED CONDITIONS, AS DEFINED - M/Papen stated that the City had been working to get some constraints on the City of Industry's MRF proposal. C/Harmony stated that he wanted this pulled so that it was brought to the public's attention that there is legislation proposed that could help us out. He asked if the Cities of Walnut and D.B. were the only one fighting MARCH 21, 1995 PAGE 11 the City of Industry's situation. CM/Belanger advised that the author and the two communities will be trying to phrase legislation in such a way that it does not raise objection from the League of Cities and the County Association of Supervisors . C/Miller indicated that he would be attending Assembly Committee Hearings to discuss the percentage required for residential land use. MPT/Werner moved, C/Miller seconded to adopt Resolution No. 95-18 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SUPPORTING SENATE BILL 387 (MOUNTJOY) PROHIBITING AN ENFORCEMENT AGENCY FROM ISSUING A SOLID WASTE FACILITY PERMIT FOR A MATERIALS RECOVERY FACILITY, IF THE FACILITY MEETS SPECIFIED CONDITIONS, AS DEFINED. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/ Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 ASSESSMENT ENGINEERING SERVICES CONTRACT FOR LANDSCAPING ASSESSMENT DISTRICT NOS. 38, 39, 41 - ICE/Wentz reported that, after receipt of 6 bids, he was recommending approval of a 3 -year contract with to GFB-Friedreich & Assoc., Inc. for assessment engineering services for Districts 38, 39 & 41. Frank Dursa asked why engineering services were necessary when the districts were established. He opposed any increase in assessments in the Districts. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., opposed any increase in assessments and expressed concern over granting a multi-year contract. ICE/Wentz explained that a report is required for consideration by the Council to designate an engineer. This contractor has done work for the City previously and has proven that they are capable of a multi-year contract. A 15 -day termination clause is provided in the MARCH 21, 1995 PAGE 12 agreement. C/Harmony stated that 2 of the Districts were low in revenue and asked if this engineer deals with such issues as how to create more cost-effective management programs, watering and other conditions. CM/Belanger advised that the assessment engineer is not hired to provide that kind of advice; however, they can provide assistance and guidance in cost effectiveness, etc. MPT/Werner moved, C/Miller seconded to award a profes- sional engineering services contract to GFB-Friedrich & Assoc., Inc. in an amount not to exceed $10,000, $8,925 and $9,250 for Fiscal Years 1995-96, 1996-97 and 1997-98 respectively, a contract total of $28,175 plus a contingency amount of $3,000 for Landscape Assessment Districts 38, 39 & 41. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, MPT/ Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 10. ANNOUNCEMENTS: M/Papen announced that the Friends of the library would be having their 2nd Annual Wine Tasting Soiree on Sunday, April 2, 1995, 2:00 - 5:00 p.m. at Generations Restaurant. 11. CLOSED SESSION: None 12. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 8:57 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 23, 1995 CALL TO ORDER Chairman Meyer called the meeting to order at 7:05 p.m. at the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Commissioner Schad. ROLL CALL Present: Commissioners: Chairman Meyer, vice Chairman Flamenbaum, Schad, Fong, Huff Also Present: Community Development Director, James DeStefano; Associate Planner Robert Searcy; Assistant Planner Ann Lungu; Interim City Attorney Michael Montgomery, Consultant Engineer Michael Myers; Recording Secretary Carol Dennis MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR 1. Minutes of January 9, 1995. A motion was made by C/Schad and seconded by C/Huff to adopt the minutes. The motion was carried unanimously. PUBLIC HEARING: 1. VARIANCE No. 94-2. A request to construct an 17,867 square foot, two-story office/professional building. The 42,026 square foot project site is undeveloped and is located at the southeast corner of Brea Canyon Road and Lycoming Street in Zone C -1 -BE. The project additionally proposes a freestanding 6 foot high monument sign. Applicant/ Property Owner: G. Miller Development, 721 Brea Canyon Road #7, Diamond Bar. AP/Searcy reported the Planning Commission conducted a public hearing on the project December 12, 1994. At the conclusion of the public testimony, the Planning Commission directed staff to work with the applicant to provide additional January 23, 1995 Page 2 Planning commission information concerning an update to the traffic report, resolution to the parking provisions on and off-site, and future access between the adjacent commercial properties. The applicant has provided staff with an addendum to the traffic impact analysis that addresses the submitted project with updated projections based on current conditions. The addendum also addresses inter -parcel circulation to the extent possible at the present time. The applicant has redesigned the office building on the southern elevation, reducing the gross square footage and reoriented the parking stalls in the immediate area of the building. The staff recommends that the Planning Commission reopen the public hearing and receive testimony and adopt the Resolution of Approval with conditions. In response to Chair/Meyer, CDD/DeStefano stated because of anticipated development on the adjacent property, currently known as Walnut Valley Trailer, the project has been conditioned to work with the adjacent property owner to insure reciprocal ingress/egress and off-site parking agreement. Chair/Meyer declared the public hearing open. Gary Miller, applicant, spoke on behalf of his project and stated the property address would be added to the sign monument. Todd Chavers, Project Manager and partner, Kimley-Horn and Associates, Inc., presented the addendum to the traffic study prepared for the original project in 1989. The update was prepared in conjunction with staff direction to provide assurance that the traffic impacts are within Los Angeles County MTA Congestion Management Plan (CMP) guidelines. Max Maxwell, 3211 Bent Twig Lane stated he is concerned that the "professional" designation will allow for medical and other high volume traffic facilities. Chair/Meyer declared the public hearing closed. Responding to Mr. Maxwell's concerns, CDD/DeStefano stated there will be a condition of approval disallowing any medical uses within the project. Responding to Chair/Meyer, AP/Searcy stated he would revise January 23, 1995 Page 3 Planning commission Condition 17, Page 5, to read Mitigated Negative Declaration. Chair/Meyer recommended Condition 18, Page 5, to indicate the Ingress/Egress Easement, in a form acceptable to the City Engineer, will be placed on the property prior to issuance of building permits. The Commission concurred. Chair/Meyer asked that "To the satisfaction of the City Engineer" be added to Conditions 22 and 23, Page 6. The Commission concurred. In response to C/Fong, Chair/Meyer asked that Condition 20 indicate "restricted to non-medical uses", and that "non- professional" be eliminated. The Commission concurred. Responding to VC/Flamenbaum, CDD/DeStefano offered the following language for Condition 15, Page 5: "Applicant shall submit to the City for processing a Lot Line Adjustment application in substantial conformance with Exhibit (X) prior to the issuance of permits ............ as the Condition states." The Commission concurred. A motion was made the Resolution unanimously. OLD BUSINESS - None NEW BUSINESS - None INFORMATIONAL ITEMS: by C/Shad and seconded by C/Fong to adopt as amended. The motion was carried CDD/DeStefano referred the Commission to the Transmittal of Precise Alignment Study for Citrus Valley Health Partners/Diamond Bar Medical Plaza. The Commission directed staff to notify concerned property owners that the item is going before the Traffic and Transportation Commission as an agenda item, and bring the item back before the Planning Commission no later than May, 1995 as an agenda item with staffs recommendations for process and conclusion. PLANNING COMMISSION ITEMS: C/Huff stated he would like staff to incorporate design criteria and design review for new projects into the January 23, 1995 Page 4 Planning commission Development Code. C/Fong stated he would like to see a Grading Manual included in the Development Code. C/Fong reported on his meeting with Frank Arciero regarding a new Master Plan for the Southpointe/Sandstone Canyon area which would incorporate a Planned Development consisting of residential, open space preservation and parkland. This will incorporate land currently owned by Arciero, Walnut Unified School District and the City of Diamond Bar. C/Flamenbaum inquired about a Precise Alignment for the North Diamond Bar High School. CDD/DeStefano suggested this matter be brought back to the Planning Commission as a discussion item upon conclusion of the City Council's review of the Circulation Element (about March 10). ANNOUNCEMENTS: Chair/Meyer reminded the Commissioners they should make their reservations to attend the League of California Cities - Planners Institute, Wednesday through Friday, March 22 - 24, 1995. CDD/DeStefano stated there is a budget for attendees and asked that staff be notified as soon as possible as to who wishes to attend, preference for hotel accommodations, and means of transportation. Chair/Meyer indicated the reorganization of the Planning Commission will take place March 13, 1995. Chair/Meyer declared the meeting adjourned at 8:58 p.m. Respectfully Submitted, /s/ James DeStefano James DeStefano Secretary Attest: /s/ David Meyer David Meyer Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 13, 1995 CALL TO ORDER Chairman Meyer called the meeting to order at 7:00 p.m. at the South Coast Air Quality Management District Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Vice Chairman Flamenbaum. ROLL CALL Present: Commissioners: Chairman Meyer, Vice Chairman Flamenbaum, Schad, Fong. Absent: Commissioner Huff Also Present: Associate Planner Robert Searcy; Interim City Attorney Michael Montgomery, Recording Secretary Carol Dennis MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR 1. Minutes of January 23, 1995. A motion was made by C/Schad and seconded by C/Fong to adopt the minutes as submitted. The motion was approved with the following roll call: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARING: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Schad, Fong, Chair/Meyer None None Huff VC/Flamenbaum, 1. Conditional Use Permit No. 94-7. Request for approval of a cellular repeater station and a 90 foot tall monopole. Applicant: L.A. Cellular, Box 6028, Cerritos, CA 90702. Property Owner: Metro Diamond Bar Properties, Inc., 2030 Main #1020, Irvine, CA 92714 Property Location: 3333 S. Brea Canyon Road February 13, 1995 Page 2 Planning commission AP/Searcy reported that the Planning Commission had opened the public hearing for this project on January 9, 1995. At the conclusion of the public testimony, the Planning Commission requested that the applicant provide additional information to staff that investigates other possible locations for the project. As of this date, staff has not received any additional information from the applicant. As such, staff recommends that the Planning Commission continue the public hearing on this project to March 13, 1995. Chair/Meyer declared the public hearing open. Seeing no one who wished to speak, Chair/Meyer declared the public hearing closed. VC/Flamenbaum reminded the Planning Commission that he had previuosly recussed himself from this agenda item. A motion was made by C/Schad and seconded by C/Fong to continue the public hearing to March 27, 1995. The motion was approved 3-1 with the following roll call: AYES: COMMISSIONERS: C/Schad, C/Fong, Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Flamenbaum ABSENT: COMMISSIONERS: C/Huff OLD BUSINESS - None NEW BUSINESS: 1. Discussion of Commission Meeting Rules. Chair/Meyer stated that the City Council has suggested meeting rules for the Planning Commission. He indicated the City Council has not adopted any meeting rules. C/Schad stated he feels that if a speaker is interrupted by a Commission member, the interruption time should be credited back to the speaker. VC/Flamenbaum indicated he objects to the entire concept. He feels it restricts the speaker unnecessarily and sends a message that the Commission is not interested in hearing from the speaker. February 13, 1995 Page 3 Planning Commission Chair/Meyer stated he agrees. He believes it thwarts the desire to have the public present their points of view. He feels it is the charge of the Commission to keep the speakers focused and on point. VC/Flamenbaum stated that Roberts Rules prevail and the Commission has a workable policy. A motion was made by VC/Flamenbaum and seconded by C/Schad to not approve the Planning Commission Meeting Rules. The motion was approved 4-0 with the following roll call: AYES: COMMISSIONERS: VC/Flamenbaum, Schad, Fong, NOES: Chair/Meyer COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Huff INFORMATIONAL ITEMS - None PLANNING COMMISSION ITEMS: C/Schad asked for an update with respect to the Development Code. C/Meyer responded that CDD/DeStefano has asked that the matter be continued to the February 27, 1995 Planning Commission meeting at which time staff will make their presentation. ANNOUNCEMENTS - None PLANNING COMMISSION ITEMS - None Chair/Meyer declared the meeting adjourned at 7:05 p.m. Respectfully Submitted, /s/ Rob Searcy Attest: Rob Searcy Secretary /s/ David Meyer David Meyer Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 27, 1995 CALL TO ORDER Chairman Meyer called the meeting to order at 7:08 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Commissioners Schad. ROLL CALL Present: Commissioners: Chairman Meyer, Vice Chairman Flamenbaum, Schad, Fong, Huff Also Present: Community Development Director James DeStefano; Assistant Planner Ann Lungu; Associate Planner Robert Searcy; Consultant Engineer Mike Myers; Community Services Director Bob Rose; Patrick Mann, Cotton\Beland\Associates, Inc.; Interim City Attorney Michael Montgomery, Recording Secretary Carol Dennis MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR 1. Minutes of February 13, 1995. A motion was made by C/Schad and seconded by VC/Flamenbaum to adopt the minutes. Chair/Meyer offered the following corrections: 1) On Page 2 just prior to opening the public hearing indicate that VC/Flamenbaum recused himself. 2) Under public hearing, indicate "no one came forward" and then the public hearing was closed. The motion was approved as amended with the following roll call: AYES: COMMISSIONERS: Schad, VC/Flamenbaum, Fong, Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Huff ABSENT: COMMISSIONERS: None February 27, 1995 Page 2 Planning Commission PUBLIC NEARING: 1• Conditional Use Permit No. 94-4. Request to approve and develop a master plan for Pantera Park located on an undeveloped site at 700-800 Pantera Drive. Applicant/ Property Owner: City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, CA 91765. AP/Searcy stated that staff has compiled the additional information requested by the Planning Commission at the January 9, 1995 Commission meeting on the following items: traffic and circulation, park hours of operation; vehicular and pedestrian access; parking demand on and off-site; grading; the water element; and ballfield lighting. Staff recommends that the Planning Commission open the public hearing, receive testimony and consider the mitigated Negative Declaration and direct staff to prepare the final Resolution Of Approval with the Findings of Fact and conditions of approval. CSD/Rose stated that Pantera Park represents an opportunity for the City of Diamond Bar to enhance the existing inventory of park facilities to meet the ever expanding needs of the community. The design before the Commission provides facilities for active ballfields, tennis, basketball and roller blade courts, formal picnic structures, and a jogging path. The process used to design the park took into consideration the need to balance the desires of the local neighborhood with the needs of the entire community. In order to achieve this balance, the Parks and Recreation Commission conducted an extensive series of public workshops in order to reach consensus on the elements to be incorporated into the park design. Larry Ryan, RJM Associates Landscape Architects, the elements contained in the plan are a product of the community workshops. The site is approximately 23 acres, 15 of which are suitable for development. Major access to the site is via Pantera Drive with a secondary access from Bowcreek Drive. The surrounding land uses include residential, school and natural hillsides. With respect to parking analysis, the project was reviewed in its total development stage. The proposed facilities include a community center of approximately 7500 square feet, a restroom/concession facility of approximately 1000 square feet, two ballfields with February 27, 1995 Page 3 Planning Commission provisions for two overlay soccer fields, water feature, tot lot, picnic areas, two tennis courts, and multi -use hard court (three basketball courts or one roller hockey court). In addition, there is a vehicular drive that can be used by emergency vehicles or Los Angeles County Flood Control. There is a series of trail opportunities throughout the park which provide access to hillside nature walks. Responding to C/Schad, Mr. Ryan stated that trails will be part of the initial development. The trails within the active portion of the park are included in the design and the intent is to utilize the trails as they currently exist. VC/Flamenbaum stated that it his understanding that if the City designs the trails they must comply with the ADA. CSD/Rose responded that the trails Mr. Ryan refers to are concrete paths through the park, all of which will meet the ADA requirements. These constructed trails will lead to the existing trails. There will be no improvement made to the current trails. Chair/Meyer asked if the City must meet both ADA and Title XXIV requirements. Mr. Ryan responded that as designers, the more restrictive regulation is chosen as a standard for design. Chair/Meyer stated that his understanding is that ADA was discretionary until January, 1995 at which time it became mandatory to comply with certain provisions of ADA. In particular, facilities built with Federal funds must comply. He indicated it is also his understanding that Title XXIV includes the ADA mandatory standards plus additional standards created by the State of California. Responding to Chair/Meyer, CE/Myers stated that his recommendation is that the project should include two driveways. In response to Chair/Meyer, CDD/DeStefano stated that the County Master Plan designated this site as a park in 1987 and approved a park plan for this site. That plan terminated from lack of activity. The lack of activity was a result of the County striping away the allocated funds for this project just prior to City incorporation in 1989. Throughout the course of the City of Diamond Bars General Plan efforts, this site has been designated a park. The County code for planning, zoning, and subdivision purposes establishes a process for the review of a public park and that process is a Conditional Use Permit. The staff is requesting that the Planning Commission approve February 27, 1995 Page 4 planning Commission an umbrella Conditional Use Permit. This will then allow the Community Services Director to implement the park through funding that the City Council will provide. The intent is for the Planning Commission to grant approval for this umbrella Conditional Use Permit and the details of the park would be implemented by the staff through direction from the City Council. If the program elements were to change substantially, it may come back to the Planning Commission for a subsequent Conditional Use Permit amendment. The City currently has approximately $1,500,000 grant money toward the development of the park. Responding to VC/Flamenbaum, CDD/DeStefano stated the County code for this development sets a two year time frame for implementation initiation of an approved Conditional Use Permit. Some grading or building is necessary to receive a vesting for the CUP. Once that occurs, this item will not need to come back to the Planning Commission for further review. If the City did not take action on the project, the matter would come back to the Planning Commission for an extension of time. In response to VC/Flamenbaum, ICA/Montgomery stated that there has to be a substantial expenditure in relation to the entire project. Chair/Meyer stated that the Planning Commission is concerned that there is a real commitment on the part of the City to build this park. CSD/Rose responded that if the Conditional Use Permit is approved during this meeting, the City expects to break ground in September, 1995. There is currently 1.47 million dollars committed to the project with an additional $550,000 discretionary money in Proposition A funds that could be allocated to this project should it be directed by City Council. The estimate for the improvements before the Planning Commission totals approximately $2,300,000. The City is presently committed to completion of the restroom facility, the tot lot, the turfed areas, some of the hard court area, and the parking. Chair/Meyer again expressed his concerns regarding the parking for the project. He also asked for clarification on the lighting. AP/Searcy indicated the final lighting analysis shows a minimum of .09 candle foot and a maximum 1/2 candle foot at the perimeter. This is a component of the design process and should be incorporated as a mitigation measure. February 27, 1995 Page 5 Planning Commission Responding to Chair/Meyer, AP/Searcy stated that staff recommends that the water element be eliminated from the project because of the design cost, maintenance and liability. Chair/Meyer indicated that the Planning Commission should include provisions for the multi -use building, however, it might not be built unless there is a demand. AP/Searcy stated it could be included with a caveat that there be sufficient parking provided to absorb the overflow that may be generated by that use. Chair/Meyer suggested that a mitigation measure for the City could be to hire the Sheriff's Department to direct traffic. CSD/Rose stated that the anticipated programs at Pantera Park would include youth programs for AYSO soccer, Pop Warner football, little league, girls softball, etc. Normally the practices are on weekdays with games on Saturdays. Scheduling determines the amount of parking required and that is controlled by the Community Services Department and coordinated with other available facilities in the City. Typically the City would not use the services of the Sheriff's Department unless it is a large City sponsored event, such as concerts in the park. Because of the location, it is not anticipated that this park will serve to accommodate such functions. Pat Mann stated that with regard to parking and traffic, the Mitigated Negative Declaration and initial study concludes that there will not be significant impacts and no specific Mitigation measures are identified. Responding to C/Schad, AP/Searcy stated that the school district has not given staff a final answer about overflow parking at their site. Brent Marchetti, Marchetti & Associates, representing MUSCO Lighting, stated that the company specializes in and does only sports facilities, and in particular, outdoor facilities. In response to the City's request, MUSCO has prepared a preliminary site analysis study of lighting for the project with an objective to light the fields properly and minimize any impact it might have to the surrounding area. The criteria utilized for the lighting system was an average of 50 foot candles in the infields and 40 foot candles in the outfield and the soccer overlays which is the standard currently used for recreation facilities. The light source is metal Halide (white light) which is used in most major February 27, 1995 Page 6 Planning Commission stadiums and is the easiest to control. The glare light (impact to the neighborhood) is a maximum reading of .061 foot candles and a minimum reading of .08 foot candles. In response to C/Huff, AP/Searcy stated that perimeter planting of trees and bushes would assist in mitigating light spillage off-site. RECESS: Chair/Meyer recessed the meeting at 8:20 p.m. RECONVENE: Chair/Meyer reconvened the meeting at 8:38 p.m. Chair/Meyer declared the public hearing open. Brian Petrie, 1118 Bain Avenue, on behalf of the American Youth Soccer Association (AYSO) Region 31, Diamond Bar, stated that Pantera will be a substantial benefit to the community. The City of Diamond Bar is lacking in recreational facilities per population in various categories. He indicated that lighting of the multi-purpose field is very important to his group and to the youth of the community. He asked that the pond be deleted from the project. Donovan Martinez, 635 Pantera Drive, stated he favors no lighting in the park. Candy Holden, 608 Sky Court, indicated she feels the wishes of the neighborhood residents are not being considered. She stated that she also favors no lighting in the. park. VC/Flamenbaum asked if the citizen's group was opposed to the formal baseball fields. Ms. Holden responded that the citizens were in favor of one formal baseball, football, soccer combination field and one informal field with no lights. VC/Flamenbaum asked if the group was opposed to the second ballfield. Ms. Holden responded yes. VC/Flamenbaum asked if the group opposed the parking. Ms. Holden responded no. She indicated that the group opposed the noise and lighting. William Gray, 23837 Minnique Drive, stated he is in favor of the park and the lighting. Bill Delaro, corner of Bowcreek and Pantera Drive, stated he is favor of phasing in the elements of the facility so that the impact of traffic flow can be monitored. The lighting should be considered much later. February 27, 1995 Page 7 Planning Commission Debbie O'Conner, 23725 Cascade Place, stated she is in favor Of lighted fields for the youth. Albert Perez, 703 Pantera Drive, indicated the understanding of the citizen's group was that there would be no lighting because it was a bad element to the park. He stated he feels the lights could be added to another park which is more accessible to the residents of Diamond Bar. Responding to VC/Flamenbaum, Mr. Perez indicated that he is in favor of the current design of one formal ballfield and one informal ballfield and the current parking. He is very concerned with and opposed to the lighting. Rick Ramier, 1506 Straw Flower Lane, stated he wants lights in the park. As a representative of AYSO, he indicated that his organization has offered to defray some of the costs with their own funds. He further stated that the events could be scheduled so that lighting could be terminated in the park at about 8:00 p.m. Responding to VC/Flamenbaum, Mr. Ramier stated that, in his opinion, an acceptable time for lighting would be between 6:00 p.m. and 9:00 P.M. but 6:00 P.M. and 8:00 p.m. would be agreeable. Candy Holden returned to indicate that the citizen's group is in favor of lights for walking and safety purposes. They are Opposed to the spotlight type lighting for the park. Chair/Meyer asked if the group would find it acceptable if the lights were turned off at 8:00 p.m. Ms. Holden responded that, in her opinion, that would not be a problem. However, the late hours and additional people at the site would not be acceptable. Brian Petrie stated that he feels the citizen's group seems to be looking for a passive neighborhood park rather than the Proposed park. A park of this size has to be planned to meet the needs of the community and not just the neighborhood. He would prefer the lighting be available from dusk to dark. Responding to Chair/Meyer, Mr. Petrie stated the AYSO season is September through the third week in December and from February to end of May. The season overlaps with Pop Warner football and Little League and working with the City, these entities have cooperated to make the best use of available facilities. February 27, 1995 Page g Planning Commission In response to C/Fong, Mr. Petrie indicated that he would like to see the fields lighted until 8:00 p.m. for the present. Donovan Martinez indicated he feels it is a waste of time to light the park until 8:00 p.m. The current plan was finally agreed upon in the workshops and there was never any provision for lighting. Rick Ramier stated he takes offense that the neighborhood residents want this facility limited to a neighborhood park. It is a City facility and should serve the needs of all taxpayers. Chair/Meyer declared the public hearing closed. VC/Flamenbaum stated it seems apparent that most people are in favor of the current design and two accesses to the park and no one is opposed to regular lights around the parking lot and pathways. The main concern seems to be the balancing of the needs of the community between formal sports and informal sports. He indicated he is not in favor of the water element or the multi-purpose building. He stated he would also advocate there not be any fixed trails through the hills. With respect to lighting in the park, he feels a fair compromise would be to plumb for lighting of hardscape area and since the area is furthest from any residents, the lighting could be extended to a later time, such as 10:00 p.m. He feels it would be appropriate to have lighting for both fields and under no condition should the lights be left on later than 8:oo p.m. C/Huff stated he can feel the neighborhood frustration. However, this is a community park and the City needs more lighted ballparks. He indicated that no planners were present during the citizen's workshops. This park was planned as a lighted park prior to the building of any houses in the area. By lighting the park the use of the park is extended and being able to extend the lighting to 8:00 p.m. is very important to the youth involved in sports. He stated he is in favor of two driveways. He further stated the multi-purpose facility could be eliminated. He indicated he likes the lighting depicted by the consultant and is in favor of lighting until 8:00 p.m. weekdays and 9:00 p.m. weekends. He stated he is in favor of everything else as presented. February 27, 1995 Page 9 Planning Commission C/Schad stated he attended all of the citizen's group meetings. Although the engineering for the lighting is excellent, there are ways to plant vegetation which should totally diffuse the lighting from the neighborhood residences. However, the lighting can be stubbed out at the start of construction, but until the park is complete, the lighting should be left out. He further stated he is grateful that the open space element will be preserved. He indicated that the City should support hiking trails. He stated that he believes the pond presents possible liability to the City. The senior citizens have expressed an interest in the multi-purpose building. The parking is good. For now, he suggests that the street be painted red so that the users of the park must use the designated parking. C/Fong stated the area of difficulty seems to be the lighting and what time of the day it will be illuminated. He feels that there should be two entrance/exit points and that the pond could be designed to be safe. He indicated he supports the trails and the multi -use courts with night lighting up to 9:00 p.m. or 10:00 p.m. He further stated that the best use is to develop the park to its potential because it is a community park, not a neighborhood park, and the City must represent the entire community while minimizing the impact on the surrounding neighborhood. For this reason, he recommends extending the hours of the park through lighting to 8:00 p.m. on the weekdays and 9:00 p.m. on Friday and Saturday evenings. Chair/Meyer stated that the Planning Commission will address each issue and give staff direction to return to the Planning Commission with a Resolution. He further stated that the consensus is that the Planning Commission is in favor of the park. Without objection, the Commission concurred that the water element should be eliminated. The Commission concurred that the multi-purpose building should be eliminated at this time from the master plan. Without objection, the Commission concurred that there should be two points of access to the park. Without objection, the Commission concurred that the trails should be included in their natural state. The Commission asked staff for its recommendation. February 27, 1995 Page to Planning Commission Without objection, the Commission concurred that accent and security lighting should be included. The Commission concurred that lighting and landscaping should be included for the formal baseball field and one formal soccer field should be included with a time restriction of 8:00 P.M. weekdays and 9:00 p.m. on Fridays and Saturdays. The same requirements are applicable to the informal ball field as well. Without objection, the Commission concurred that the lighting should be included for the hard court areas with the time extended to 10:00 p.m. Responding to Chair/Meyer, CSD/Rose stated that the consensus plan from the Parks and Recreation Department for the first phase of construction contained provisions for security, parking and hardcourt area lighting. The only area not anticipated for lighting was the ballfields. All lighting would be coordinated with the actual construction of each element. Chair/Meyer asked staff to work on the Mitigated Negative Declaration and the Resolution and bring it back to the Commission as an agenda item March 1311 1995. Without objection, the Commission concurred. He advised the audience that the document will be prepared and reviewed by the Community Services Director and the item will be returned as an agenda item to the Planning Commission on March 13, 1995 and will not be a public hearing item. Recommendation of the Planning Commission is to conditionally approve the item with some provisions on the lighting. The document will be available on March 8 or 9, 1995 for public consumption. If there is objection to the document, there is a provision on the agenda that public comment will be accepted at the beginning of the Planning Commission meeting on March 13, 1995. OLD BUSINESS - None NEW BUSINESS: i. Discussion of the Development Code CDD/DeStefano reported that the Development Code is a major implementation measure to the City's General Plan. The staff February 27, 1995 Page 11 Planning Commission has compiled a list of objectives which should be incorporated into the overall project, principally dealing with implementing the General Plan, identifying rezoning issues, creation of contemporary guidelines with respect to Diamond Bar, consolidation of the approximately 38 zones the City currently has, the establishment of design guidelines for the City and to devise a code that is user friendly, concise, internally consistent and easily maintained. Staff has compiled a Table of Contents for the document. There is no particular order intended, however, they are areas of concern to Diamond Bar. He announced that representatives of Urban Design Studio were present to give a presentation on the Development Code. Ron Pflugrath, Urban Design Studio, stated that they are present before the Planning Commission to share some of their knowledge and experience in the preparation of Development Codes, Zoning Ordinances and instruments and documents that implement the General Plan. The options available for completing a Development Code are: 1) Revise the existing Los Angeles County Development code; 2) Develop a complete new Zoning Ordinance; and 3) Development of a Development Code. The third option is recommended. Bruce Jacobson, Urban Design Studio, stated that a Development Code can contain many optional elements, but there are some basics. Certainly it would include what the City views as typical Zoning Ordinance or Zoning Regulations. These are descriptions and chapters that outline allowable uses, purpose statements, standards and procedures for land use regulation and implementation. Another optional element and one of the most prominent next to the Zoning Ordinance is the Subdivision Ordinance. Not all Development Codes have Subdivision Ordinances and not all Development Codes have Subdivision Ordinances which are integrated. The most important components of a Development Code are its construction and level of integration. A true unified Development Code would have the provisions and regulations for each of the unique contents, but there would be provisions more universal in nature. Mr. Jacabson cited the San Bernardino Development Code for which his firm had won a national award for being very user friendly by the APA jury. It has in fact, proven to be user friendly through its implementation. These are goals that a unified Development Code would meet, can meet and should meet. February 27, 1995 Page 12 Planning Commission Responding to C/Schad, no two Development Codes would ever look alike. It is recognized as an implementation tool for the City's General Plan. If a Development Code is properly written, there is a nexus between the General Plan and the Development Code to the extent that purpose statements for individual zoning districts, and purpose statements for individual standard sections are lifted from the General Plan and if not quoted verbatim, certainly are summarized so that the reader would not find inconsistencies. Typically, .the General Plan is the predecessor to the Development Code. VC/Flamenbaum asked what the consultants would recommend as a procedure for authoring a Development Code and how long it took to complete the San Bernardino Development Code. Mr. Jacobson responded that the firm has written several Development Codes. Every contract tends to have a one year completion provision. It can be written in one year, however, there has not been one adopted within a year. A reasonable time is two to two and one-half years. Working with staff and any community groups that might be involved in the process, the procedure for developing a code would be a "get smart" period parallel to the formatting and constructing of a Table of Contents. The process is to prepare the document in segments following a series of public workshops. Several articles are then prepared over a period of time which are submitted to staff and the review team. Once all of the articles are reviewed and edited a draft document is prepared for public viewing. At that time, joint workshops are held with the Planning Commission and City Council. The public is noticed and invited to attend these workshops and present their input. The document is then either modified or errata sheets are prepared. C/Huff asked if the Hillside Management Ordinance and Sign Ordinance had to be revisited for integration into the Development Code. Mr. Flugrath responded that they would be reformatted to fit within the Development Code but they would not have to be revisited. Mr. Jacobson emphasized that any new development code would need to be revisited from time to time because communities change, decision makers change, procedures change and state law changes. For instance, when a General Plan changes, some of the solutions to the changes may be a modification to the Development Code. CDD/DeStefano stated that staff would like for the Commissioners to create their own "top ten" wish list. He indicated he needs to formulate the 1995/1996 budget for February 27, 1995 Page 13 Planning Commission presentation to the City Council and the sooner the Planning Commission can make the necessary recommendations, the more quickly the presentation can be made to the City Council in order to aware the funds for this project. Since staff does not have the time or resources to deal with a project of this magnitude, it will, by necessity, be a joint effort with a consultant. Responding to CDD/DeStefano, Mr. Flugrath stated that the City needs to set a budget for the Development Code. Mr. Jacobsontindicated that the Planning Commission and staff needs to create a vision and determine a process for creating a Development Code. The Commission should use its influence with the City Council to assist the Community Development Director in arriving at a budget that the Council is willing to allocate and with that budget, determine what can be done in house and what needs to be done outside. VC/Flamenbaum recommended that the Commission lobby to get the funds for CDD/DeStefano, give him their list of five to ten items and continue on a path to complete a Development Code. INFORMATIONAL ITEMS - None PLANNING COMMISSION ITEMS - None ANNOUNCEMENTS - None Chair/Meyer declared the meeting adjourned at 11:05 p.m. Attest: /s/ David Meyer David Meyer Chairman Respectfully Submitted, /s/ James DeStefano James DeStefano Secretary MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 13, 1995 CALL TO ORDER Chairman Meyer called the meeting to order at 7:13 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Meyer. ROLL CALL Present: Commissioners: Chairman Meyer, Vice Chairman Flamenbaum, Schad, Fong, Huff Also Present: Assistant Planner Ann Lungu; Associate Planner Robert Searcy; Community Services Director Bob Rose; Recording Secretary Carol Dennis MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR 1. Minutes of February 27, 1995. A motion was made by C/Schad and seconded by C/Huff to adopt the minutes as presented. The motion was approved 4-0 with the following roll call: AYES: COMMISSIONERS: Schad, C/Huff VC/Flamenbaum, NOES: COMMISSIONERS: Noner/Meyer ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Fong C/Fong arrived at 7:17 p.m. Regarding the Draft Resolution for Pantera Park, Chair/Meyer offered the following corrections: On Page 3 (d) the first sentence should read: "The Application is for development of a 23.8 acre park located east of Pantera Drive and south of Bowcreek Drive. C/Fong stated that he felt adequate deliberation was not made at thelast meeting for the Commission to delete the water element from the Draft Resolution Page 4, Condition #1. He asked that the Commission spend additional time deliberating on this item before deleting the element. Chair/Meyer responded that it was debated as indicated in the minutes and March 13, 1995 Page 2 Planning Commission it was the concurrence of the Commission to delete the water element because of the cost of maintenance, the liability factor and the potential safety hazards. C/Fong stated that other cities have water elements in their parks and they are a very attractive asset. Chair/Meyer responded that it had been debated and asked for a motion. A motion was made by C/Fong and seconded by C/Schad to leave the water element in the master plan. C/Huff stated that most other cities' water elements are at very visible intersections or places where there is high exposure to large numbers of people. As much as this is one of Diamond Bar's larger parks, it is not located at a major intersection and the amount of money that would be spent to develop this element, forgetting the liability and the maintenance, would not be worth the park dollars that could be better utilized. For the lack of visibility he heartily agrees with the liability factor. He stated he believes it should be deleted from the park. C/Schad indicated he believes it is worth additional research. If it can be done within reasonable limits it is worthy of consideration. The motion was defeated with the following roll call: AYES: NOES: COMMISSIONERS: Fong, Schad COMMISSIONERS: Huff, VC/Flamenbaum, ABSTAIN: COMMISSIONERS: Chair/Meyer None ABSENT: COMMISSIONERS: None C/Schad referred to Page 9, last paragraph of the minutes of February 27, 1995 Planning Commission meeting. He indicated that the matter of the trails is not included in the Draft Resolution. AP/Searcy recommended that it be added as Condition #13 on Page 6. AP/Searcy stated that since this is a Master Plan, staff can be directed to develop the park in compliance with the ADA requirements. CSD/Rose suggested the following wording: "Existing trails shall remain in the current state." C/Huff asked for language to include "with access to" existing trails. CSD/Rose responded that staff could add "access". He March 13, 1995 Page 3 Planning Commission indicated there will be a concrete walkway going around the park so staff can add language that refers to walkway access. VC/Flamenbaum suggested adding "on the undeveloped portion". C/Schad suggested adding "minor improvements". A motion was made by C/Schad and seconded by VC/Flamenbaum to add Chair/Meyer suggested wording for Condition 13, Page 6 of the Draft Resolution to read as follows: "Access shall be provided to the existing trails in the undeveloped portion of the park in such a manner so as to comply with the ADA standards." Without objection, the Commission concurred. VC/Flamenbaum stated he did not understand the wording of Item (11) on Page 5. and moved that the sentence be changed to read: "All activities at the park shall comply with applicable City ordinances." The motion was seconded by C/Schad. Without objection, the Commission occurred. A motion was made by C/Huff and seconded by C/Fong to adopt the Resolution as amended and to include VC/Flamenbaum's suggestion that the motion be amended as follows: On Page 3, Item (d) delete "lighted" so that the second sentence reads: "The master plan for the park includes development of two ball fields, multi -use hard courts, tennis courts, picnic areas, tot lot, and a multipurpose community center approximately 7,500 square feet in size." The motion was approved with the following roll call: AYES: NOES: ABSTAIN: ABSENT: OLD BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 1. Draft Development Code Huff, Fong, Schad, V C/ F l a m e n b a u m, Chair/Meyer None None None AstP/Lungu reported that as discussed at the last Planning Commission meeting the Commissioners agreed to present their "top ten" list of topics to be included in the first phase of the Development Code. Staff has prepared an overview and outline of a Development Code and recommends that the Commissioner's lists be presented for consideration. Chair/Meyer asked if it is the City's intent to hire a consultant to put the code together. AP/Searcy responded that March 13, 1995 Page 4 Planning commission at some point in the future that would be the intent once the budget is approved to provide for that service. The anticipated earliest start date for the code is after July, 1995. Chair/Meyer referred to Page 4, Item 19 of the proposed Development Code outline. He stated that his understanding is that minor deviations have caused city attorneys a lot of grief and cities either have a variance or do not have a variance and there is no such animal as a minor deviation. AP/Lungu referred Chair/Meyer to the yard modification. Chair/Meyer requested staff to discuss this item with the City Attorney for his interpretation. Chair/Meyer stated he did not find any reference to property maintenance. AP/Searcy responded that he would assume that the PMO would be incorporated into the Development Code or operate as an adjunct to it. Regarding Page 5 of the Project Specifics, Chair/Meyer referred to an overlay zone for the Country Estates, but in the General Plan recommendation to the City Council there were overlay zones for planned development. AP/Searcy responded that PD was one of the two overlay zones, the other being Specific Plan. Chair/Meyer stated that one of the issues he has in terms of parking is that some communities allow in -lieu fees to be paid in the event that a developer is a small percentage short of the off-street parking. The City has a provision where 40 percent of the off-street parking can be provided in compact spaces. He indicated that there was Commission consensus that this percentage should be reduced and there should be consideration for adding in -lieu fees in the event a developer cannot meet all of the parking requirement. This could be coordinated with some manner of parking authority where, if the in -lieu fees would be paid, it would be the City's obligation to collect the money and look for public off-street parking lots. AP/Searcy suggested that the City could create off-street parking lots. Regarding subdivisions, Chair/Meyer indicated that the procedure for lot line adjustments are excluded from the State subdivision Map Act and that there should be a process created for dealing with lot line adjustments. He stated his understanding is that the City's review is limited to compliance with the Zoning Ordinance and with the building standards. He further stated that there is a provision that March 13, 1995 Page 5 Planning commission sometimes a record of survey is required. When the record of survey would be required would be important in that provision of the code. Chair/Meyer referred to Page 2 of the Scope of Work and the CC&R's under Task 1.2 Review Land Use Regulation and Permitting Procedures. He asked staff the purpose of the Planning Commission's review of CC&R's. He stated that it is his understanding that the City is not a party to the enforcement of the CC&R's and over the years, the City has indicated that there would be no involvement. AP/Searcy responded that this is an outgrowth of the hillside development projects in the community where there is a concern for maintenance of the common area slopes and for maintenance of some of the replanted vegetation and habitat areas in dealing with term of limit for which the homeowner's association is responsible for replacement of any trees or vegetation that may not survive over a five year period, for example. The intent is that some of those issues may be germane for the Planning Commission as they may impact the enforcement of the mitigation monitoring program and there would be no assumption of enforcement of the other elements of the CC&R's. Chair/Meyer stated he would like to see the code include design guidelines to give the Planning Commission a policy guide in the form of definitions of quality development and as a guide to designers for uniformity in the review process. C/Huff stated he would like to see the Planning Commission review a Tree Ordinance. He would like to review a thematic guideline for development within the community. He indicated he is concerned with the parking issue and would like to see the compact spaces excluded. He further stated that the home occupation is an issue that should be investigated to determine what is permitted and what is not permitted. He indicated he would like to see the permit application process streamlined and the process for handling development in the City. C/Schad presented the following list of concerns: 1) Preservation of native vegetation (Tree Ordinance). 2) EIR to be inclusive of all vegetation and EIR research conducted on two week intervals during one year to fully document all forms of life due to seasonal cycling. March 13, 1995 Page 6 Planning commission 3) During development design, plan for the preservation of natural views sheds for citizens who pay premium prices for the view. To be preserved a set of CC&R's may accomplish this. 4) All bare areas caused by development must be planted with indigenous vegetation based upon the recommendations of the fire marshals. 5) Neighborhood development consisting of streets, sidewalks, driveways and curbs should have a guideline setting aside a plantable parking strip. The entrance to the driveway incline shall be the width of the parking strip making the sidewalks continuously flat and accessable for handicapped people. 6) Street lighting shall be non -intrusive to the neighborhood, both new and existing. 7) Blue -line stream areas are to be preserved for all time as they are a significant portion of the City's ecology. 8) Develop a visibility code for the City's streets, especially at intersections where vegetation, walls or signs might hinder visibility. 9) Irrigation controls would, as well as save water directed to the site to be watered, prevent sprinklers or irrigating systems from causing erosion, mud flows across sidewalks, streets or into private property. 10) Prevent encroachment of any development impacting existing established neighborhoods. 11) Residential designs should have more variables in structure prominence rather than four or five plans turned this way or that or by the use of different paint colors or chimney locations. Air conditioning should be soundproof from the neighbors. 12) In hillside development, no ridgelines may be built upon. 13) Large lot development for homes will not be impacted by small unit or clustering thereby changing the overall visual impact or in a downgrading manner. 14) Any development causing noise levels to exceed the noise tables in the General Plan must be adhered to. March 13, 1995 Page 7 Planning commission Mitigation measures must be compatible with the adjoining existing neighborhoods. 15) Strict grading practices must be adhered to produce the following: A) Safety and solidification of.hazardous areas B) Retention of the natural appearance C) Preservation of ridgelines D) Preservation of native vegetation 16) No development should be permitted that creates isolated pockets of wildlife areas with no migration corridors so all known wildlife is known with a suitable food chain. 17) Street views that show satellite dishes and/or antennae must be controlled to the extent that they do not detract from the general appearance of the neighborhoods. 18) A team of consultants such as citizens, geologists, developers known for quality construction, botanists, architects and the like should be established to review any and all projects, either residential or commercial, to be sure they are compatible with existing neighborhoods. 19) A system for scenic view corridors along the City's streets and highways should be established and expanded such as the SR 57 and SR 60 freeway within the City's SOI. 20) The Development Code should be consistent with the wishes of the existing residents as citizens so as to prevent any undesirable impact to their neighborhoods. 21) Traffic 22) Damage to the natural resources, such as carving ones initials in the park trees, benches, resurfacing buildings, defacing buildings and fences, etc. 23) Notify citizens via newspaper and notices to participate in the Development Code creation. 24) Tree Ordinance to go in effect as soon as approved. March 13, 1995 Page 8 Planning Commission C/Fong stated that he would like to include the slope density formula and density reduction and the lot coverage ratio. He indicated he would like to have guidelines included for non- English characters in signs. In addition, he would like a hillside grading manual included in the grading code. Chair/Meyer asked if he thought a grading manual might be more appropriate in the design guidelines. C/Fong responded that it could possibly be included in the design guidelines. Other cities add the grading manual into their grading code. VC/Flamenbaum offered the following items for consideration: 1) Slope density formula and density reduction. 2) The size of structures that come before the Planning Commisison for review. (e.g. a commercial structure of 5000 feet is reviewed by the Commission, but a 12,000 foot house is not). 3) What is the scope of the Commission's (City's) design review? Does it include color? Choice of material? 4) Preservation of natural environment. 5) Hillside management. The present ordinance permits massive grading and subsequent reforming of the hills to look natural. Should the City not minimize grading? 6) Trees. The local cities that we think of as beautiful have lots of trees. Claremont and Sierra Madre do not have more beautiful terrain than Diamond Bar, but they have a lot of trees on the street side and on the homeowners property. What can we as a City do to encourage this? 7) Roads. Is the City to design our roads for our residents only? Or is the City to design the roads to effectively move traffic into and out of the City? Chair/Meyer directed staff to condense the Commissioner's lists to one priority list and bring it back to the Planning Commission for a future meeting along with staff's recommendation for the next step in the preparation of a Development Code. NEW BUSINESS - None INFORMATIONAL ITEMS: March 13, 1995 Page 9 Planning Commission 1) City Attorney. In response to Chair/Meyer, AstP/Lungu stated the newly appointed attorney firm is Richards, Watson & Gershon, 333 South Hope Street, 38th Floor, Los Angeles 90071 and Mike Estrada, Attorney at Law, will represent the firm at the designated City meetings. AP/Searcy stated that under the new contract between the City and Richards, Watson & Gershon participation at meetings will be on a more limited as -needed basis. 2) vesting Tentative Tract No. 47850. Staff presented the environmental documents for the Planning Commissioner's review and AP/Searcy stated there was a meeting on Saturday, March 11, 1995 from 9:30 a.m. to 1:30 p.m. with approximately 40 people including staff and interested parties. The joint session for public hearing between the Planning Commission and City Council is tentatively scheduled for April 4, 1995. The Planning Commission directed staff to provide a memorandum on official stationery which outlines the scope of service required of the Planning Commission with respect to the April joint session. PLANNING COMMISSION ITEMS: 1) Annual Reorganization of the Planning Commission. AP/Searcy declared the nominations open for the position of Chairman of the Planning Commission to serve for a period of one year. C/Huff nominated VC/Flamenbaum. The nomination was seconded by Chair/Meyer. The roll was called as follows: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Huff, Chair/Meyer, Schad, Fong None Flamenbaum None AP/Searcy declared Commissioner Flamenbaum the elected Chairman of the Planning Commission and passed the gavel to him. March 13, 1995 Page 10 Planning Commission Chair/Flamenbaum declared the nominations open for Vice Chairman. C/Meyer nominated Commissioner Huff. The nomination was seconded by Chair/ Flamenbaum. Chair/Flamenbaum called the roll as follows: AYES: COMMISSIONERS: Meyer, Chair/Flamenbaum, Huff NOES: COMMISSIONERS: Schad, Fong ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ANNOUNCEMENTS: C/Meyer stated that a significant number of Commissioners did not arrive in a timely, manner for the meeting and he feels there is an obligation to staff and to the general public to arrive at the appropriate time. VC/Huff asked if it has been the policy of the City to have an attorney present at all meetings and if that is the case why are the current decisions of the Planning Commission not sufficient to merit the attendance of an attorney. AP/Searcy responded that a new contract has been entered into and that for reasons of budget constraints the City is reviewing its practices in order to be more streamlined and effective. Anytime the Commission feels it is appropriate to have the City Attorney present the Commission should forward the request to staff and the attorney will be requested to be present. C/Meyer stated he feels this is a good policy since all of the actions of the Planning Commission can be appealed to the City Council. Chair/Flamenbaum declared the meeting adjourned at 8:12 p.m. Respectfully Submitted, /s/ Rob Searcy Rob Searcy Acting Secretary Attest: /s/ Bruce Flamenbaum Bruce Flamenbaum Chairman Q, �-, 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 Tea Berner FROM: Linda G. Magnusonitcounting Manager SUBJECT: Voucher Register, April 18, 1995 DATE: April 12, 1995 Attached is the Voucher Register dated April 18, 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 18, 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 112 Prop A - Transit Fund 115 Integrated Waste Mgt Fund 125 Com Development Block Grant 138 LLAD 138 Fund 139 LLAD X39 Fund 141 LLAD #41 Fund 225 Grand Ave Const Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: Linda G. magmuson Accounting Manager Terrence L. Belanger City Manager AMOUNT $237,703.78 26,509.95 2,537.48 Fund 718.50 9,361.00 6,581.42 3,494.76 1,199.00 12,505.61 $300,611.50 Phyl is E. Papen Mayor UN -TME: 0-8:."1 0,4111',,975 _T �I a ht -Dlj. JTii�i.)raamr a,.S4/1 `,-jh' -4uE VENDOR NAME `V EQOR 1— PRE D, ACCOUNT PROJ.TX-NO BATCH POTLINE/NO. EiNT;=;Y/DU- iN `:-E DESCRIPTION A EEE��IIi l^�- aMoraT DATE +;F . --------------------------------------------------------------- T T AT&T AT & TAT�a" #11-4090-%2 6 5041. A AT & T AT&T *t)011-4090-2125 5041 Accurate Landscape »; rte *139-4539-5500 2 50418A 01/2642 Accurate Landscape Accurate ccur to Lands,_ape ccur tz ni - _4538 -2 '1 4.5_`x.-1;8-22!1,0 L 5041"A "01/2.40 #139-45,39-2.210 8 5041 ;A 02/2640 Ad. -ms, George 1-411::1-21 L 5 r'rdd�=_G 1 5041:3 A Airtouch i 504i8A 040' i2 li4, !v 64/12 ".4/18 04/1"04,/1.3 04;12 04/15 36922 04 1 -2 '04:13 3f'"'';1 04/ 1' 04 1P t;4fi2 14j1S ..6°23 04112 04/1S 36924 v4f- 04/12 04/12 04;1,1 mil City Manage>raent Nll City 1-4µ i 1-5531 4 `041--a Long Dist r,,eSvcs-E1d&:3aPt ...7 TOTAL DUE VENDOR --------} 8,37 Long DistPhneSvcs-GenGovt 13,45 TOTAL DUE VENDOR --------r 13.45 Lcig Dist Phne Svc -.-Mar 2P., 24 TOTAL DUE VENDOR --------} 29,24 March Maint-Dist a9 5 920,;2 TOTAL DUE VENDOR---------ek-r ,�v, March Maint-Dist ? _ f:4=...30 TOTAL DUE VENDOR --------} 3,641+.180 Extra Maint-Dist .33 -Feb 466.7) March Rodent Control -#38 110C.;h) March Rodent Control -#39 00 TOTAL DUE VENDOR --------. :61.70 Rerllnd-Ping Deposit V)0.i0 TOTAL DUE VENDOR --------} 1r*,()0 March Cellular Svcs 46.51 TOTAL DUE ` LNDOR--------} 46.51 Crssng Gro Srvcs-?/5- j1. x,$50.85 TOTAL DUE VENDOR --------} 2,$50.015 RUN TINE/08�3504i13/�5 YOU�HER REGIGTER ~�� 2 DUE T.....^.......04/l8/?5 VWOR NAME VENDOR ID. ACCOUNT PROJ.TX'NO �4TCH PO.LINE�0. ENrRY/GbE lWVOl[C OE5[R�PTION *T* p«LpA{D * * __ __ __ -------------------------------------------C--»»_c*ECI A�0NT Alpha Beta 4lpha6eta »801-4350'14200 10 50�1DA Vi/242Y u4/12 04/18 067828 TinyTots-Supplies 19 15 4350'l20O 8 5O418A �i,2429 04/12 �4�1S O6783l rznyTots-Suppl/es *VN'435V-l200 12 504l8A V1/242Y 04/�2 04/�8 067832 Recreation Supplies 4'19 30'26 TQTAL DUE VENDOR -------- ' ''- Area Area D Emergency Svcs. AreaD v0O1'4440-2315 1 5O4184 S4/�2 8 95/96 Membership Renewal 2.683.60 TOTAL OU[ VENDOR -------- 2,b83.60 4uction Express Tit)e Svc 4uctionE,p *001-4411'5406 1 50418A (A/l2 O4/18 O80508O5 KegisTransfr^SrPtrlVehcle 15,O0 TOTAIL DUE VENDOR -'' -' '> l5.0O Ayoso. Edward Ayoso[ *�01 3472 2 5041OA 04/�2 04/18 �8SS8 ReFund'Lawro�lkExcursn 5O.O0 TOTAL DUE VENDOR -------- '^-''''Ayo1,o' AV C) 1, 0 ,Patricia AyosoP *01Jl-3472 3 50418A 04/12 O4/�8 18957 Refund-LwrncWelkExcursn 350.00 T]TALDUE 'VENDOR —'---> 5 0.00 BN} 8NI 43O4/12 04 3reeflibooP Supplement 3.1Y TOTAL DUE VENDOR ----> 3.19 Bill'o �zk & 3afe Bill�Lo k �01���V-22l0 l 5041 8A 05/2055A 64/12 04/18 66596 6 Master Fadlocks 61,35 0;oL DUE VENDOR Brea. City of BrpaCity ^Q1-4��3`0 C 2 41:'F V1/18— 04/13 04/18 Mar -Contract Svcs �,��'0 TOTAL DUE VENDOR ----> aurgess. Lynda EmrgeaLyn *00{-409O-�235 7 50418B 04/12 O4/18 Reimb'Logitpch Mouse 53.04 TOTAL DUE VENDOR -------- > 53.04 RUN TIME: 08:_� ,4,'1^ ' a t V 0 U C of D H E F' REGISTER amend Barr 1 0-a) 1-2 3 W-1.1 iJ 5041S,FF .�4, ly 04J.V i! -gr Svcs -Aug -'—PL 9.3-005 11 50, v0 +001-2300-1011 2 50419F DUE THRU.............04/ 12/95 Engr Svcs -Aug -PER 92-004 VENDOR NAME VENDOR ID. �1.;; 13 04,`'11 Plan Check. Svcs -+u9 ACCOUNT-------PROJ.TX-NO BATPO.LiNE/NO. ENTRY/DUE INVOICE DESCRIPTION PREP =Ir! rt � AMOUNT ?ATE DATE Flan Check Svcs -August 217.5?) ----------------------------------------------------------------------------- 04t�F 2458 4 CNECk; Lai ifPrks&RecScciet•y i_PRS .0 1-45 5 ,-52) _ 7 .d .:041:;F ?;1;'45; 04/1: 1)4i18 27 `-,.' ¢')1-4::1?)- �_, �:, :41 _N 04/12 ;)4 1 l `�Ij. 96 Member Renewal-BobRose 1:_ ..1l 0 ..ltormGralnlnspFCt -August -°y2 ;::j 3 1 K K 5041 t ,}i,�`1., TOTAL DUE VENDOR --------7 130.0}0 Charles Abbott & Asc Inc CharlesAbb *115-4515-55011 50418A 01/2148 04/12 04/18 097-024 ProfSv'cs-SolidWaste-Feb CO 0u011-2300-1010} 1G 5041:=F ;)4 `1:1 r A Yr i6 Engr Svcs-July-FPL92-016 1, *001-123:0:0-1011 1 50413F 04/13 04,'18 26 Engr Svcs-July-FER'1-2-004 r.50 546.oO fOC%1-23;)0-10;2 50418F )4i 13 i)4j'1;3 - . ,4 _,7 PlanChckSvcs-Juiy-EN93-45 - 1,195.50 *001-4551-522:; 10 5042F 01,12452 04/1:: 04'18 -'; �� Flan Check aYCS-July ti47.25 1-4.5.-:223. 5C;418F 01/245_, 4,%1:: u4%i= • 5041,.F 01/.)170 F'Ian Check c1 Svcs-�uly i _:o *001-4551-5227 24 .f 50A18F 0}1/2454 04/13 04/;8 26 Inspection Svcs -July ,;iji, 478.50 54 -`. -'2 56,25 j10 '.J4!ir L6 inspectIOn 5YC5'Jl(iy i12,50 Plan }. a ap P' heck Svcs -Sept iI2.°' ,0 +5 i-`'=' , -'_ L : 50418F 01 217- /. � TOTAL DUE VENDOR --------> 5,9,;,75 Charles Abbott 1, Asc .:-;C Cha:^lesAbb TOTAL DUE VENDOR --------f 7,244,0x01 14 5G41hF 1404/13 04/18 27 Engr Svcs -Aug -FPL 93-006 1 0-a) 1-2 3 W-1.1 iJ 5041S,FF .�4, ly 04J.V i! -gr Svcs -Aug -'—PL 9.3-005 11 50, v0 +001-2300-1011 2 50419F 04/1; 04/18 27 Engr Svcs -Aug -PER 92-004 500. 0() yS - �1.;; 13 04,`'11 Plan Check. Svcs -+u9 311.2 *? 01 4`5I 5 f 1 2 5 1 + �.� ��4i7F a1, .,i . 04j1_ i}4'.' Flan Check Svcs -August 217.5?) 0t -4`51-: _: 04t�F 2458 4 y7 Plan Check Svcs -August .0 1-45 5 ,-52) _ 7 .d .:041:;F ?;1;'45; 04/1: 1)4i18 27 Sewer inspect Svcs -August 522.01 °c1-45 l `�Ij. i,:1- Li ..ltormGralnlnspFCt -August -°y2 ;::j 3 1 K K 5041 t ,}i,�`1., 04.1_, 04118 T50519Sewer•InspSvcs-Aug 47:;,50} Ti :TAL 1}UE VENDOR „-: 7T _;bac les abuott A c ir:C=:hyrlesAbb 1., ».. 04/1 04 i:' - Engr Svcs -FPL 93-;i0:, 17 `0418F 0}4/1_; 04/2 d8 Engr Svcs -FPL 94-1x25 }217.`0 i 1 Ir041^ ..-�.•_ ::-1; 1 - . ,4 _,7 04 /12 04; I p Engr Svcs -FPL K-0330- .... -C__3 -4551 20 50418F 01/X25121 04/1= 04;18 GradinglnpectSvcs-Sept _a 261.{}0 4._.- « •2 • 5041,.F 01/.)170 04/13 0411.8 �_: Plan CHeck Svcs -Sept f-. 1��.5�0 �0}0i-4`51-522:' -1 24 5041 0 1/2196 , „� 04/1:1 04/118 - 8 Plan _heck Svcs -Sept 56,25 c 26 '0418F 01/21';; 04:1, 04/1:= __ Plan }. a ap P' heck Svcs -Sept iI2.°' ,0 +5 i-`'=' , -'_ L : 50418F 01 217- /. � 04/13 04/18 28 Plan Check Svcs -sept 318,75 ,r 4= i 5 " .. 5041';F 01/-245, 0 1 Ili - 4 3 -= D - 'r,, C Check Vcs-sept -. 1,7T �•,; 32 5041 F 01/2511 ;}4 1= 04;18 2= Pian Check: SVCS -Sept 174.00 455 4 _4 - l w-, 04, ; 04 StormDrainIrspect-Sept 870.00 }?, - 1-�:��1 __�; 6 5u4:br 01 2454 / - s;4;._, 04/18 2: SewerInspect5vcs-:3ept 696.0}0 5i ' � _ 418, 01;`2476 04;1_; 04;'1 - __ GradinginspectSvcs-Sept :;48.00 TOTAL DUE VENDOR --------f 7,244,0x01 RUN TIME: O8;3504;13/95 s� Diasar� Bar *'' VOUCHER REGISTER pnu4 :ok i�111,............ 04/18/95 VENDOR NAM[ VENDOR lD. 1.TX'm0_BA��_PO.L�N[�0. E�TRY/-E lNVOlCE ��CR{PT�0m * * PRBIIDC*E+K _ACCOUNT -------------------------------------------------------- AMOUNT ATE --- �omputer Applied Syste7s CAS *001-4050-4 e 04/12 04/18 950404 Apr'} Computer Maint 832.m} TOTAL DUE VENLO� -------- i 832.00 Cottnn/Beland Assoc CotBelAsso *250'431O'6413 O6595 8 5041'P4 01/240V O4/12 04/13 368Y Pro fSvco-Pantora'Oct'Jan 4, 087 60 J01 4210 6 504l8A O�/2267 O4/z2 04/18 372V Prof Svcs-�mPlan'Feb 2319'29 TOTAL DUE VEN6OR -'''''-'> 6,406.89 Cotton/Beland Assoc CstBelAsso �OV1'4210-4-7r 8 504 8 O1 7 04/�2 04/18 3746 Przf Svcs'GenPlan-?/6'19 2 702 48 '250'43l0-6415 06595 13 5V418B O1/24O0 O4/12 V4/18 3753 Prof Svcs'Pantera'Jao-Mar 1`Utrn'4V TOTAL DUE VENDOR '-----> 3.707.88 Cylkoweki, Virgmia 1520 478 9 50418A 84/12 V4/18 11�0 Recreation Re4umd 32.08 TOTAL DUE VENDOR ---''--'> 32.0O D'Antnoin's R/storante O'4tcmius m01'4095'1200 04/12 04/18 GiFtCertificate-CCCA 5/20 35.O TOTAL DUE VENDOR--------- 35.0V 3ataquick Dataquick *001'421O'2130 4 04/12 04/18 Feb -Equip Rental 35 0O *OO1'4210-2130 2 504l8B 04/12 04/1800V7S761 Dec -Equip Rental 3500 TOTAL DUE VEND3R --------- 70.00 Day & Night �my Cencer Day&Night �oJl'451O-211O 2 5V418B 01/2�� 04/12 04/1�, 8213 Prtg/Mailng'TrfcStudy 16� 94 � 90418B�V01-�0-21OO 2 �18B O1/2787 04/12 V4/l8 8634/8�� CpySvcs;&�ndbhs/Mp}Specs 278'47 ^251'4310-6415 V6695 10 50418B 01��15 V4/12 V4/18 9�6O Prtg-Maple Hi]} Specs 135'31 TOTAL DUE VENDOR -----> 575.72 [ept qf Transportation GeptT01/Z0�Arans �01 45iA'� 50411-18�7 450411-1884/12 O4/18 |33397 TrFcSignalMain'L'-Feb 174.34 TOTAL DUE VENDOR ''''''--> 174.34 uewan. Lundin & Assoc. Dewar, *25�-45�0'64�1 06595 4 /2253A 04/I2 O4/l8 DB'0V2B-2 D8arRehabS'vcs 1/16' 1 00 � *O'4510'6411 O65951, 50418B V1/2253A 04/12 04/18 DD-00,2B-3DBarRehabSvcs-2/l'2/l5 1344 3`7%'VA ^2�O'45lO-6411 595 � 2 5O4188 01/2253A 04/12 V02 0u/18 GBB1 DBar�habS,cs'{/3'l/15 `672'V0 TOTAL DUE VENDOR ) 5,�.0O 5,796.00''''- RUN TIME: t j- - c k -}t- u' d .S C G::_ i_i4/13 - - •�_i_HtR REGI�IcR ...........x,14,' 1._,.�C , VENDOR NAME VENDOR K". ACCOUNT PRGJ.TX-NO BATCH PO.LINE;'NO. ,t ,; r'E`rAIL _ t•"+T� `�'UES{ F'I-:TIONAM ------------------------------------------------------------------------ Diamond Far Easiness Aso_ DBc+ssAssac *001-40'-'0-2140 4 50418 ! 1;19SE J4/12 04/iL Annual Rent -Ste 100r 71,444.40 001-40' Ci -2 1i 5 S ; + - l4 _.B 4„2 04/1= install-uad-PhneBabboard 4-3,13 *001-4090-2210 6 504188 04;`12 04;118 Carpet Replacement CjO -i;4 _i4 :_ CAM -Suites 100 -April X02.:0 Diamond Bar Nomen.s DPWomensCl *001-4010-2325 6 50418F Dietrick Post C,mpany1-1 + k: c:rC 4001-4510-12,04; 504188 x1/2i i / :75, TOTAL DUE VENDOR --------} ,'2,893.40 tj4/13 04/18 Fashion SHow 4/8-Papen TOTAL PREPAID AMOUNT --- TOTAL DUE VENDOR --------1 04/1-- u4'18 425484 XerorSuppls/BondPaper TOTAL DUE VENDOR --------i t7.Ot_i Dwight French &. Assoc. DwightFren 5 141 _,r !1; ,.1 t,;; 04;i:_ i0{i2 �: Grd> veRehab-Feb 1,1; .CIO TOTAL DUE VENDOR --------) 1,1"?.00 Egghead EG*twar'e *001-4090!-6235 El-Badawi, Heba 6 x; 41,,8 01/27:`j EiBarawi 5041np 2i,gi-,et r g- :y:r�,i;7iental EngEnvGe ll *CiE:l-�3lsi-1012 r 5041 SB Entenmar;n-F.cvin Entenmann - cj}ji -- -?:J7 =..rensis Corrorati;n, _..=ensis 4 5041:: 0112-7='r: 04/12 U4/ic ?'a 240!' Corell1raw Upgrade -Windows T,;TAL DUE VENDOR --------; 4; 04 Re':�nd-LepLs:�-H^'_gf'rk.l tr TOTAL DUE VENDOR --------r 04/1 :-; G, ._:11111'=_GeotedhR�wSvcs-ENr:-i;,;: TOTAL DUE VENDOR. I TDTAL DUE VENDOR -------- 04/12 04/18 1?50592 Pagetoois for Pagemaker T0T�- L DUE VEIN iiCfi 200,iIO :;25, 00 _ 25. C;t_r 18".s6 96.00 941.00 RUNCiy azr *** � TIME. 08:35 �V]3/95 VtF Damond 8 O U C � E R R E S I S T E R a DUE T VENDOR NAME VENDOR. ID, '��___��`�� BATCH �'U�� ��Y� INVOICE DESCRIPTION AMOUNT DATE CHECK e PREPAID* * F&A Federal Credit Union F&ACreditU 40n1-2110-1012 2 50418F 04/13 041{8 Pp- Cre itUnionDeductione 2.2204.75 04/18/95 000025821 TOTAL PREPAID AMOUNT -'--> 2.�4.75 TOTAL DUE VENDO� --'''''> 0.00 Federal Express Corp. FpdE prpss � � 418O V4/12 04/l8 FleetCall �11j1'21*0-1010 8 504186 04/12 04/18 5-450-28533 Express Mail -FPL ��6 l3 00 ��l-4OYV'212V 2 50418B 04/12 04/18 545V2853 Express mail-�m 33` 00 `�25-4215-12V0 1 504188 04/12 04/1O 54502853J Express Mail-CO8G 9^N0 *250-4310-641506695 11 50418B 04/12 04/18 545028533 Exp Mail-MpleHilRptrofit 13.00 First Interstate Bank Firstlnter *001'4030'2310 1, 5 041OF O4/13 O4/18 m001-4030-2325 3 50418F 04/13 04/18 'O01-4030-2325 4 50418F 04/113 04/18 *001-4030-2325 5 50418F 04/13 o4/18 FlaMenbaum' Bruce Fleet Call m01'4�' _�'O- 213O Ong, Franklin �01- 4 1O-2330 Foothil� Trans�t *�12-4553-5533 cu, e. Sandy Flamenbaum � � 418O V4/12 04/l8 FleetCall 3 50418B V1/21�- 2 04/18 pangF 2 0418F 04/13 04/i c" 5 5v40D 01/|2 V4/18 FooL illTr 25�1���� 25041��/--'7;;-14 4 2 4/18 3553 J4/12 04/18 3558 04/12 04/18 FUel'Cmgr Gem Pln Mtg 2/16-CNgr ntg'Myr/HoHilger/CMgr2�7 Mtg-Gen Plan 2/28-Cmgr TOTAL PREPAID AMOUNT ------ TOTAL --->TOTAL DUE VENDOR ----'''> Pln9 M tgs'3/13,27'2/8,27 2 Way Radio Svcs -Marc TOTAL DUE VENDOR ----> Reimh'Plnrs{nst 3/2 '24 Plpg�gs'2/13,27'3/13,27 MrCh-TrnsSu sdyPrgrm Mrdh'TrSUbsdyFrgfares |o/AL DUE VENDOR ----> Recrm-ationRefund TO�� �� VEND ----> 72.42 �/18/95 000�0258|9 18.52 V4/18/Y5 N�VO25819 43.37 04f18/95 O000O258�Y 14.91 04/0/95 CN00025819 14 9.22 24 0.00 158.55 156.55 1515J,45 2AG.Vo 395.45 71 !ME: _ n,E DUE THF ........ VENDOR NAME VENDOR TD, ACCOUNT PROJ.Ti-NO HATCH PO.LINEJNO. ENTRY /DUE IN', 0 !CIE DEOK—RIPTION �'t•;Cr'I-j i i� AMOUNT DATE -------------------------------------------------------------------- CHEC1:" G & G Trophy Co. GaGTraphq 4'5U 1.. `413-B 1. ,. a'' " 4 :: }ect�+ 1T Ads u,. Psktb„rophies 43.10 12,0 .4 5C,41_r loi,z_` 4/1t C41'18 1!'?7 YthRast:t6lTrophi s 697.14 TOTAL DUE VENDOR --------i 74':'.--4 GE Capital Asset =EC�.pital v+�1-L?1'1.-1:?11 7 - Ci_}41.'L` i4: a2 si4i i CIoseCut EN 94-6L TOTAL DUE VENDOR -------- -------GTr G. T F ii01-4090-6,240 1 J0Yo, n ., .,_B 64/12 04/15 D5342:37 Card User-Startalk 54.45 TOTAL DUE VENDOR --------i 54.45 GTE California GTE ic)1-4u4i:'-1115 5,1,41;2 ?4;, .4.+,_, Phone Svcs-Modupi Line X5,7 TOTAL DUE VENDOR -------- -2 7f, GTE �,.ifur..ia !;TL tJti1-4a1a-i1iJ 1 --1=' f Phone 'Ovcs-Peterson Prk 40.74 ,� J i ,;iL DUE VENDOR -------- i 40.74 GTE California GTE iJ4 il0 Pnure Svcs-R.cn Reagan frk - TOTAL DUE VENDOR --------? 1::6.04 ,eigar, Donna #i?+ i-4040-4000 4 51418F 01/21-164 04/11 04/18, u --9a-95015 MntSec-CC Mtg 3/221 164.00 TuTAL DUE 'JENhOR-------- 114.;0 Hall &: Foreman Hall&Porem = _ 50418B �, {74.1_ 04;15 v ,:, Plnih':Svcs-indianCr�:-Jan 3(?i;,i?0 '"iul-4"1 ` 3 5ii4i�B 1161759 0411 04/15 02913A. PI ChckSvcs-IndianCrk-Jan ,'40.00 .: . JTHL DUE`'lENLtiF--------; 1,04i7.ti? Hashimoto, Michiko "1.7 i_� 1J:'�f.. Recreation. Refund c7,t)i1 TOTAL DUE VENDOR --------y 57.00 *`� C�t' op DiananJ 8a" +�+ PUN TIME: 08;3504/13/Y5 VUUCHERR�GISTER pos� S T�0,............��/16/95 VENDOR NAME VENDOR lO. _ACCOUNTPR8J.TX_NO_BA��_PO.LINE�0.EN?�Y/��I��ICEDESCR�PTION AMC, *7' __--__—_---_____—_---- HiyhPoint Graphics HighPoint m01-4 0 9V' 22 U0 1 504188 3! AighLaoder Publications Highlander f115 -45l5-2115 2 504l88 V1/2484 *115'4515-2115 4 50418B 0!/2484 H we [�-pot HomeDepat m01- 4310-1.2 �Cj n 550418BO7/l�� 4 504118F, Huff' Bob HuffB �210-231-t.) 4 ��18F J0 1 Hunter, Christine HunterGrap /�age IV Systems inc. lmage"Sy 4 50418C 02/2010 [nl�� Stage InEmpStage *001-4350{D10' 450418C0/W'� 5,)418C 01/287�2 �nDly 8ull�� 70B mN1--,*0O1O 9 50 4 18C 04/120�� Pre-PressSvcs-BusCards TOTAL DUE VENDOR ----> 04/112 04il8 2V0061j9 Ad - XTa =-Trer-Pec ycle 04/12�/18 2006�)9 Ad-��hCnll�ti�S�s TOTAL IDUE VENDOR ----> 04��2 z"4�18 026070_.F ��orial�-P}aq�sP&RComm �,��.00 O4/12 04f18 9270476 rar: na1nt Supplies 7,�AL �� VENDJR ----> 04 4 ke1wo'PlnrSTnst �21'24 i)4/12 04"18 Pl����/27-3/13'27 04/12 04/18 175441 04/12 O4/18 175441 T&�o�N�ela-, e- Leonard TOTAL DUE VENDOR ----> Feb Copy Charges Fe$'comica Copier Maint TOTAL DUE VENDOR ---_> 344.40 171.08 5l5.48 344.48 180.00 524.4'j 9.18 p.|8 Tickets-Rai!&Sad[xcur»n �,��.00 4/18 031 Rail�ailExcr-Transp TOTAL DUE VENDOR -------- ---04/l2 04/1204/18 11 18-J5 Legal Ad -FPL 94-25 126,50 O4/12 04/18 -.4i- Bids-Grand Ave Rena 46.75 RUN TIME. 08'1;;5 +)4, 1? 95 V D ii C H E R R E G I S T E R PAGE DUE THR'J............. 04; VENDOR NAME VENDOR ID. # PREPAID ACCOUNT .,_DUN, PROJ.T;(-NO BATCH PO,LINE;NC. EN IFY)DUE T VC,ICE �J T DA -- -----------------------------------------------------------------------------Ir--------------------------------------------------- Int'1 Ru iiess Equipmert Ir,„usEq:_ip *001-4090-1200 50»1' C04 + _, U4; ;-� '.,, •, 05•_Q4A CopierSupplies-5rillianze 9.87 TOTAL DUE VENDOR --------, .7 Jimenez, Sarah tiinenezS *0)1 347 _F -' .1J.�':C 04/1 i 4.1 "•-2 Refund-LwrnceW!kLxcursn TOTAL DUE VENDOR --------} 10.00 Kingsburg, MaryA.rn :ingsburg *001-3472 4 504188 04+'12 04,118 Refund-LwrnceWelkExcursn ICX) .(9) TOTAL DUE VENDOR --------} 100.::0 K:iwanis/Sheriff`s Roaster K:iwanisSh *001-4010-2325 _ 5041:SE i• . 1411 04/i._o -_ Mtg 4/ ,r ., aper 30.06 04/1:x/95 00'000' _' 24 TOTAL PREPAID AMOUNT ----} ::0.00 TOTAL DUE VENDOR --------} 0.00 Klein, Dora 1519 *001-347 11 5041 _;C 1; ,, 4j12 04;1_, ,1 �:,y_,r, Recreation Refund 25,00 TOTAL DUE VENDOR --------} 215. 00 i.ielnfeider ;ie:nreidr *001-2300-1012 7 50418C 04/11 04/18 584071 ProfSvcs-EN95-070-Jan-Feb 310.00 TOTAL DUE VENDOR --------}_10.01; L.A. County-Sheriff`s 2ep LACSheriff *i) it -$»i1-5401 5041,C 0 /1` 4,. 04/18 . 7+ :;24, Feb -Helicopter Svcs',0'=.r,3 TOTAL DUE VENDOR --------} 309,68 L. ,County "ub is WCrt::5 L4CPubWk *11-455=-55?9 ” �7413C 01 415 r• / i 1 )4/1' 04/18 s5 ,,; , . 5. 0C),00.807- July Paratransit Svcs ?55,3E; �i2-455-� ..-, . .-, i.-li..- � '-.,,_ ai -1liY J� 1; �l1/LSF. J !fin ,J Y 1i ; 4 I- } /1,_ a'. S:�)0�(�-�ri� .�0<_)7 }1 Ylgust Paratransit Svcs 1 i)og,7 *112-45C.-55 -5041EEC 01;"241. 04112 04<18 S?5tu_ri)(--,.7 sept-Paratr-ansit Svcc 1,19-.1- 19-.151,24 '-455 '-1 245 04112 !'4,11 ' 5 )00' ;i a- Oct- Paratransit Svcs 1 575 -„ - *11 `5 °9 10 =1)41.1 x,1;2415 04%12 04,'13 9950 000280 7 Nov-Paratransit Svcs 1,519,7' 41. :)1,241._ 04/1 04::1'_ S` 500002 Dec-Paratransit Svcs '_.;7 410,.17 TOTAL DUE VENDOR --------} 7,200.9.5 *~^ C��y o* D�amond 6ar ^^* TIME: O8/V504y13/95 VOUCHER REGISTER l0 rHRU............ .04/18�5 — VENDOR NAME VENDOR D. _ACC0�T____PROJ.7X-NO_8ATCH_PO.LlNE/NO.__E#TRY/DUE__I�OICE___DESCRIPTTOM____________AMUUNT_DA TE _* * pK��[D_+ +� L.A.Coun y P.ublic Works LACPubN �01�5N'553V 2 �418C 01/23V8 04/12 04/18 950000wYV4 Ind Wast -F b 570,43 LA Cellular Telephone LAC*\lu1, ir *VV1-��V 2125 2 510418C *Nj1-4090-21,25 750 41� *001-4411-5406 2- 5041,SC Landscape West LargscapeW *141-4541-5500 4 O1/2643 *001-4558-550. 2 50411,31C 04/12 04/18 Cellular Svcs'CMgr 70.93 04/12, 04/18 Cellular Svcs -Gem Govt ��.77 04/12 04/0 CeDular Svrs'SpniorPatrl 49.23 TOTAL DUE YEN8OR ----> 44".Y3 04/l2 V4March Moint'Uist #41 3��.85 j4/12 N/18 15414 1arch-WeedAbate/PkwyMaint 4`561.84 League of Ca. Cities League *001 -4090-22-9-1; 1 'T.42,3F 04/13 04/18 Corporate Airline Tickets TOTAL PREPAID AMOUNT ---- —TOTAL TOTAL--- DUE VENDOR -------- ;�eightonand Associates Leighton *:h1'2300'10�2 O �418C O4/12 04/1-3,84�36 Geotec,Svcs-EN TGTAL DUE VENDOR -'--'''') Le°is Engraving Inc. LewisEngra *0V1'421O'l200 2 564188 01/2791 04/12 04/11OV1S074 Engrv/Plaque-DMeyer *�01'4O95'100 5 51`418C 01/2497 04/12 04/i8 018128 Engrv3vcs'ChmbrPersnfYear TOTAL DUE YENUOK --'--'--> Los Angeles County LACIntSvc *00l -4V90'2130 5 50418C 01/2751 04/12 04/18 70G Pag*r Svcs -Feb 7OTAL DUE VENDOR -------- --'--Los LosAngeles County LACMTA k112'4553'3533 4 5V418C 01/2703 64/12 04/1O J1049 Mrch Trns1thsdyPrgrm *112'4553-5535 4 50418C 02/27O3 04/12 04/18 311049 Mrch'TrsfSubsdy-Fares TOTAL LDUE VENDOR ----> 42.01)V��:)5 J-1 V-7� 7 47.10 747.10 66.43 17.32 �.� 1911).80 364.20 _'y of Di atr,or,d. B r RUrJTIME: C)$::;nij4/lc;/' V«OUCHER REG 1 STE° PAGE DUE THRU............}.04/1$%°` VENDOR NAME VENDOR ID. PRCDA T T: iT PROJ.TX-NO BATCH PO.LINE%NO. ENTRY;DUE 11 INVOICE DESCRIPTION AMOUNT DATE CHECK -------------------------------------------------------------------- Mario, Bernice MarioB +0011-3472 I 15041K Masuen Masuen *001-4030-1200 2 5041 OD 02/262:: ` *COI 4:74, -�-,-a 12.0 �.. ,.,�; ;:..a, 2 504::; 14; 001-4{x70-1200 :,c,�c 5 5041SD 06/2628 01-4'210-1200 4 513411,301 *001-4310-1200 7 50418D 01/2628 3 r 0-lt)i „ 50418D 0:3/26213 Metrol ink: X112-455 -553:3 6 504133E 01/2;02 1 4 5 er : r� # 1._ .y-W?5 6 5041'-`v� 'v}c im; LI Meyer, "avid M'J�rD *001-4210-4100 2 50418D Mobil 'Mobil U, 1 4t9t-2200 50»18D gore ReCreation and Park MooreRec *CIO 1-431:3- x`10 4 50413[; 01 /2a:a Morton, "Kathleen *001-2300-10104 MortonK 50418D p4/1;3 04/12 04/18 ;796,41 ..'Ai 12 04/1c .-5.541 04 / 12 04/18 3791_141 »12 Cta,,18 ?79641 04/12 04/1"' 379641 {4,12 04/1 7.641 04,'1: 04/13 04.112 04;183 04/1-2 04'1° V 04"12 04/'� 04/12 i;4/1_� 506838 04/1 t4/1° V Manson, mun 111n j 01 -347r ; �2 504i3D v4i'1� . .11, lc -o -i Refund-LwmceWeikExcursn SQ.;},} TOTAL DUE VENDOR --------} 50.00 FirstAidK:it-CMgr rirstAidY:�-CityClk: ;_,c,5 FirstAidKits-Foal Cars 53.30 FirstAidKit-Ping 51,70 FirstAidKit-Parks 53.80 FirstAidKit-TinyTots 95,;% TOTAL DUE VENDOR -------- .310.75 March-TrnsSubsdyPrgrm 2 7•.x},20 Mar-TrnsSubsdyPrg-Fares IC "2921.80 TOTAL DUE VENDOR --------7 PingMtgs 2/13 27-3/13,27 240.00 OTAL I1UE 'dE` "OR -------- Repair -Mirror Oidssmobiie.', 7 —.11 TOTAL DUE VENDOR --------; 23.337 RepiaceBBOAshtray-Hrtge 79.23 TTL 2UE -- Re: nd-DeposltHrtgl'om,mCtr 101,in7 TOTAL DUE VENDOR --------s 100.0} Recreation Refund 40.00 TOTAL SUE rENDOR-------- 40.00 RUNTIME - 4 t ter- Liar, ;0 1d B_, x4, AGE DUE THPL............. o4/1 -/?5 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE 1NVDICE DESCRIPTION AID AMOUNT DATE ----------------------------------------------------------------------------- CHEFK Norco Alarm Inc NorcoAlarm tSe Se-Apr-June01-4-2126 *O `.i41Ii-i 171 t -4/1: Q4/18 4::45 Apr-JuneFireSprkSys-Hrtge 60. 00 4 04/12 04/1- 43:3146 AApr-JuneSecrtySys-Hrtge A6. CH) TOTAL DUE VENDOR --------} 04„iQ PERS Health Benefits #!JV1-1111.)-1(7();: 'Al =�:' 1 104+'_f„ 044/13 4, C 04 1= April Health Prems 10s 424.25 04/1410,/'?5 uu-,,it i- f�-: :(-4, 8- 114,.. Aril admin Fees 5 .00 .. -.- 0411;= TOTAL PREPAID AMOUNT ----} 10,475.15 TOTAL DUE 'vENDOR--------} .t(7 Papen, Phyllis ='apenP *601 -4G10 -222C 4 `C!41T ='�' 1 irj 04,1112,=i4,i.- Reimb-DBHighE.rtr':gnza2/25 7,170 TOTAL DUE VENDOR --------> 7,00 �._. rayrcll `:`aitSier 'ay'�GITr +001-1020,504iSF 04j13 04/1-1 �`° Payroll PaTransfer PP7 47,7100.Cxi 041/181/;5 TOTAL PREPAID AMOUNT ----; 47,,,00.:,1 TOTAL DUE VENDOR --------,' 0.00 Pitney Rowes PitneYuwe 601-4090-120ri 7 50418D 01/2530 04112 04/18 506,39-; ChngePROM-PostageRate 211.CO9 TOTAL I!UE 'JENDO-----------5 211.17 Pitney Bowes Credit Corp. PSCC it;,i-40=t7-21 �> + 5041„F t71/2:'4:_G 04/1' 04;'1' 1444744-MR95 MailEquipRent-4/10-7/1(7 _19,.34 :001-4Q90-21:_,1; 7 50418E '•:-1/23430 04/13 04/18 1444744MP95 Fidr/Insert-Equiphent-Apr TOT::_ DUE VENDOR --------i 4181,'=°°_; Pornnna Judicial District PomJudDist -Ju41'D 04.x'12 04;'18 Feb -Parking Fines 4217.00 TOTAL DUE VENDOR --------} 420.00 -orlona 'Valley Humane Scc. ='y *001-44:1-54f! = 504180 -'1/194= 04/12 04/18 AnimaiCtrlSvcs-April 4,514.09 TOTAL DUE VENDOR -------- 4,514,09 RUN ME: *x* C.ty of Diamond Bar *** IME: t. _ 5 '1411:, �'5 Ji1CHER REG: ITER DUE THRU.............:34:11'3,; VENDOR NAME ENLOR ID, ACCOUNT PRCO.TX-NO BATCH PO.LINE/NO. EPiTF:T;'GIIE IIJVOICE tti-r • PREPiD 3 I` ------r :-- AMO �tdT DATE _____CHE: :: ________.-_--_--------_-__------------------- PostNet and Printing Posthet ,,,, 5-, *001-4090- 2110 ` 50413[ iiI. I— Postage By Phone Posta. yF'h_n *'Ji/l-4090-2120-j,3 x,, _,1,4,7,. Premiere Leasing Co. PremiereLe *001-4351;-2140 ,[!418D u1 /1'ae2 Public Empl Retirement PEA'S 5041K, 001- =c,418D Stat.onarySuppl-Envelopes 04/12 04,113 `13,3,_._ Station.-NCRForms TOTAL CUE VENDOR j -4:13 ._ Postage Replenishment TOTAL CLUE 'VENDOR -------- 04/12 04/1:. :3217 PrtblBidRent4/16-5/16-Syc TOTAL DUE 'VENDOR i Retirk-Ontr-PPIL-Empiye 04/12 04/18-- Ret i reContr-F'Pb-Enp l yr TOTAL DUE VENDOR --------r R & D Blueprint R&DBlue 45,., _ *� it,- U G4i ,i ='5 4 5,,),41 ',--:L t- 04 18 1;,,,- *`5ii-451 ,41: tt� a� t � E, ._6418'D ,� _ 1 04/1:: 04;1;:; lq�„ 4 .,I1- `1,3-h41'� 0—!!,;` r•. r;41'_;C! -- 4'= !14/12 04 RJM Design I'LMDesign -.70-431V-641 5 fibt95 15 50418D^, 01?1 04/12 04/18 111'7 7:epr'o Graphics ReproGraph flit ? ii i4 _ 50418D OI/ --i'_ 64l12 71 rAssoc O,_. Inc " A .:: *(X;1-45-1-52 ', 14 5 _•418D 01 ., f ib'J J 'S 0411:: 04/11.8' 1 = r+J4:o:CJ1 0 4'4/12x2: -24 _i .tv 1-45 a1 -52 7 504180 11,2 ;45 04 '2 ;;Ui1 _1+ i4 _;124 si)1-4«, --, 504113r, :1./ -41 ;4I12 04 -.124 01-4551--'y _504116E 04/.1 034/'13 .124 PiPrts-TrfSig-Carpio BlPrts-TrfSig-GPrados BIPrts-TrfSig-Prospects TOTAL CLUE VENDOR ---- ---} Plans-Mp1eHiIADARetr-,1an TOTAL DUE 'VENDOR ------- Prtg-'3oT,r,Nits itr-Sprirg TOTAL DUE VENDOR --------} EnglnspectSvcs-FicnVw-Dec Dec I.spect5vcsb0Fwy/D/Grd DecInspectSvcs-F1cnView DeclnspectSv.cs-Copley DecInspectSvcs-Wagonlrain TOTAL DUE 104.7:9 38.21 14:3.:;0 1 5W iCi 389. 70 7f `94.2x0 14.4.; 14.4.1 '4.44 1 43.30 1,425,00 1,425.00 25.00 487.50 34:.75 11'2.50 RUN TIME: 0g::5 :421:;/:-'S # Ci t y ' f D i a m o n d R a r VOUCHER REGI3TER DUE THR!J.............i4/1r;''�5 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO, ENTRY/DIJE INVOICE i!ESCRIF'TION ------------------ - AMOUNT DATE -------------- "� _- ------------------------------------- SA Associates 5A Associa *138-4538-6416 U,-: 95 5041;:E 01/20174 San Gabriel 'Vly Tribune SGVTribune *001-2"00-101012' � F 1041tV *001-230)0-1010 10 50418F *001-23;00-1010 11 50418F *001-4210-4220 10 50418E 01 -Z,f,6 *001-404{!-2115 $ 50418E 01j2132B #222)1-4040-2115 6 50418E •::1/21:3 8 Schad, Don *001-4210-2330 *001-4210-4100 Sharad, Shah *� i0 i 1-2300)-1 tr)' Sincerely Inspired *125-4215-4COO Sir Speedy *001-4090-2110 SchadD 3 50418F 4 5041.1) SharadS 4 50418E Sininspire 5041_E 01/2755 Sirspeedy 7 50418E 01/2'314 So Ca Assoc. of Code SCACEO ,.,. ,- �VJ 4_l 'I 5 :�i.• I :�J418E aiG15 *2;021-4010-.`.;25 5 5041.3E 04%12 G4/i' G1dS prMedian-ilj'7-3/19 c; 0on,t't0) TOTAL DUE VENDOR --------7 5,000. no 04/13 04/18 00314 04/I-; 04/18 07205 014/13 04/13 11547 0)4/12 04/ 1;3 160M9 04/12 024/18 17639 04/12 04/13 2=0155 Pub Hrg-FPL 94 -025 -Legal 18:;,6_; Pub Hrg-FPL 94-25 177.2 Pub Hrg-FPL 95-007 110.08 Ad -Gen Plan -11/16 577,5.0 PubNot-Grand Ave Rehab 69,1 Bids -Maple Hill Retrofit 49.i2 TOTAL DUE VENDOR -------- ) 1,168: 2 04%13 04/18 Reimb-Plnrslnst 3/21-24 04lL U4,1" PingMtgs-2/lo,G7-371.-),21 TOTAL DUE VENDOR -------- 04/!_2 04/18 04/12 04/1_ 1 04/12 04/18 17819 04/12 � }4/ 1. 04/12 04/12 RefundDeposit-HrtgCommCtr TOTAL I_: VENDOR --------? Prof Svcs-CGBG-3/14-3/:3G TOTAL CUE VENDOR --------1 City Letterhead TOTAL DUE 'VENDOR -------- 0 c 5-96 Member Renewal . TAL DUE VENDOR --------} FashionShow 5/7-Papen TOTrL DUE VENDOR -------- 2001. 00 200,00 70'=.5:; 709. 70 RUN TIME: ()g:_, 04/1:3/95 # C 1 t ,` o f D i a a, o r, d D a r a� `10 -CHER REGISTER DUE THRU.......... PANE I VENDOR NAME VENDOR TD. ACCOUNT PRO,;.TX-NO BATCH PO.LINE/UC. ENTRY /DUE s:`d`•'OiCE r ----------------------------- DESCRIPTION CUNT DATE tRF'='r" -------------------------------- Southern Ca. Bindery SoCaBindry -2.120 *001-409504/12 5i41'� i)1 j'- Mai:,ng-rpringComr*wsietr 242,51 TOTAL DUE VEN!DDR--------} 242. 50 Southern Ca. Edison 3oCaEdison *001-4311-21<<5 50418F 04,13 :)41 *0111-4:313-::12.5 �� ,,_, 6 _041,F :.:4/13 04/18 Elect Svcs -Paul Grow *1101-4316-2126 2 50418F 04/13 04/18 Effect '3vcs-Heritage Prk: 1,o-) *00j -4:31'? -216 4, t3 04,1:' Elect Svcs -Maple Hill *001-4322-21 6 1 50418E 04/ 1;� Elect Svcs-Feterson Prk L. 1 ;[ti .-4328-<i2..5 — i -4/j$ :;4;'1' ;'4/1 Elect Svcs -Ron Reagan •;7 -.�_ �9 *001-43,31-2126 4 50418r 04/1:3 04/18 Elect Svcs -Summitries a `'9 1:�r.52 52 Elect Svcs-Syc Cyn Prk 336.43 ;��,'--------} T"AL DUE VENDOR 1,94.2..47 Southern Ca. Edison SoCaEdison *ii)1-45i�)-212t�- - -'U41 8F 04;'13 G4:", o Elect Svcs-Trffc Cntrl -G. roraL DUE vE1�DR--------) 2,60E'.22 'Southern Ca. Edison __ SoGsE;� «on *001-4510-12.01 3 50418E 04/13 04/1_, *141-4541-2.126 :G412F ,-: Elect Sv Svcs-TrffcCntrl 4:3;,by 04`.,, Elect Svcs -Dist #41 a TOTAL DUE VENDOR --------} 591.60 Southern Ca. Edison SoCaEdison *001-4510-2126 4 50418E [14/13 04/18 *139-451'0-2126 3 50418E 04/13 04/18 Elect Svcs-Trffc Cntrl 234.30 n E.ect Svcs -Dist #39. 294.10 TOTAL DUE VENDOR --------} 528.42 5urrah, Patricia SurrahP 750413E 114/12 04/13 Refund-LwrnceWelkExcursn TOTAL DUE VENDOR --------} 10.00 The Chamber of the Chino ChmbrChino G. -7 504 IF f14/11: +4(1:3 ExprjriefngSem4 1�-P f apen 15.0%;", 04/j;;/91, TOTAL PREPAID AMOUNT ----> 15.00 TOTAL DUE 'VENDOR --------} 0.00 The Chamber of the Chino ChmbrChino *001-4010-_ c3� 1 5041'F ` 04111. 04/18 ExportBriefSem-4/13-Ansar 15.00 TOTAL PREPAID AMOUNT ----> 15.00 TOTAL DUE VENDOR --------} 0.00 RUN TIME: +)8:35 04/13/95 i Y f D i a m o n d D a r ; YQUCHE REIIST NUE fHRU.... Ecn .........`i4 1�=i a: VENDOR NAME VENDOR ID. ACCOUNT PROJ.T%-NO BATCH PO.LINE%NO. ENTRY;'i!UE TN)OICE DESCRIPTTON AMOUNT DATE PRt ATi' CNEC------------------------------------------------- --------------------------------------- Tae out Personnel Svc. TimeOut x'001-4040-40;)0 6 50418E 01/j-744 Tweed Financial *001-2300-1002 U.S. Postmaster iji)1-4090-2120 Unocal *0+)1-4210-2;1+} +*001-44210-2310 TweedFinan 5 50413E USPostmstr 4 50411F Unocal 4 50413E 01/00i; 3 5041SE 01/2000 Walnut VIy Water Dist WVWaterDis *133-4538-2125 -, 5041,3F Walnut Vly Water Dist WVWaterDis *139-45-39-2126 2 50418F Walnut Vly Water Dist WVWaterDis *133-4538-212% 3 50413F 04 4 04/12 04/18 04/:- 04/i._ 04/12 04/1;324_.11 04/12 04/18 513922 G4/1-3, 04/18 04/13 04/18 04/11 041/18 West Coast Arborist Inc. WCArbor #001-4551-5569 6 5041SE 01/1929A 04/12 04;18 '4347 #001-455,;-5509 4 ,.413E /I 929A ;4;'1211411 - Wright, Paul Wright' tO(J 1-4090-4000 4 50418E (11.;2711 +;4/t2 04;15 TemPS,vcs-Receptionist TOTAL DUE VENDOR --------} RefundDeposit-HrtgCommCtr TOTAL DUE VENDOR --------} _rdCiassBulkRatePostage TOTAL PREPAID AMOUNT ----} TOT4, DUE VENDOR --------} Fuel -Ping Fuel -F' l ng TOTAL DUE VENDOR --------} Water Usage -List 3; TOTAL DUE VENDOR -------- Water Usage -Dist 39 TOTAL DUE VENDOR --------} RecycIWater-Dist #38 TOTAL DUE 'VENDOR -------- Tree Trimming Svcs -3/21 Tree Triming Svcs /27 TOTAL DUE VENDOR --------} Audio/Visual 9vcs-4/4 TOTAL DUE VE`EOR-------- 150. ;)0 160.00 20t; .00 )0 35. GO 04/i1/ 5 K.00 0.00 i.40J 20.99 130.50 72.10 72.10 15.00 15.00 200.00 140. -0 340.00 150.00 RUNTIME: 01c:-5,<;4+:; * * Ci ty or Di a m o n d Ear U H 'YC E ROISTER DUE THRU.............. 13/''?� PAGE 1' �4r VENDOR VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE * P'REP'AID k x ---------------------------DES_:RIF'TION AMOUNT DATE CHF-'K -------------------------------------- Wyndam Palm Springs Wyndham (;;j1-40U�-2:;:_;ij 4 5041:'.E U4/12 04/13 Yosemite Waters Yose&ater *001-4310-1200 '? 50418E 02/2021A 04/12 04/18 340864 Zetzman, Frank ZetzmanF #001-;4'^ '' o 5041,18-c- 41;E U4r 11 04/18 Accom-CL-CA 5/18-21 CDnf a 8 TOTAL DUE VENDOR --------) 1,568.88 Supplies-SycCynPrk 14,50 TOTAL DUE ''vENDOR--------) 14.50 Refund-LwrnceWelkExcursn 100.00 TOTAL DUE VENDOR --------) 100.010 TOTA+ PREPAID -----------) 60,741.12 TOTAL DUE ---------------) Zig 870.;+8 TOTAL REPORT ------------) 30G 611.50 City of Diamond bar ff# RUN TIME: O;;•:`_04f13/5 Vr00CrER REGI S T ER PEE I FUND SUMMARY REPORT DUE THRu.............04j18/95 DISBURSE GjL GJE WILL POST GJE HAS POSTED FUTURE TRANSACT19NIS FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE ---------------------------------------------------------------------------------------------------------------------------------- -01 General Fund 09 LAD #:W Fund 128 LAD #38 Fund 115 Int Waste Mgmt F 250 C.I.P. Fund 25 Grand Av Const F 115 CDSG ;und 112 Prop A -Transit F 141 LAD #41 Fund TOTAL ALL FUNDS 237 g03 Q 7k 42170 1,,581.41 9,361.00 2,537.48 12,505.61 1,,99.of) ,718.`0 9.9` ,, ; 4.76 1, _,44 o 159, go. i; 5,501.4 9:i�. wo ' 5W A8 12 ` 161 1.199.AO 71,,50 26, 509. ?5 2,494,76 ------------------------------------------------------------------------------------------------ 00,611.50 7:•, 42=.70 1'44.+)0 L2 - _ _ SO ,U L,._ CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: � TO: Terrence L. Belanger, City Manager MEETING DATE: April 18, 1995 REPORT DATE: March 6, 1995 FROM: George A. Wentz, City Engineer Kellee A. Fritzal, Administrative Assistant TITLE: Award of Contract for Construction of Handicap Access Ramps SUMMARY: At the March 21, 1995 meeting, the City Council requested additional information regarding the construction/modification of handicap access ramps and the Americans with Disabilities (ADA) Act. This is the second phase of the access ramps program along the major boulevards. This phase will modify 96 ramps and construct four new ramps along Diamond Bar Boulevard and Golden Springs Drive. This phase of ramps will complete the major commercial boulevards and all ramps will meet the ADA standards. RECOMMENDATION: The City Council award the contract to Keiter Construction Co. of Diamond Bar for Construction of Handicap Access Ramps, in an amount not to exceed $55,200. Furthermore, it is recommended that the Council authorize a contingency amount of $8,000.00 for project change orders to be approved by the City Manager. LIST OF ATTACHMENTS:X Staff Report _ Resolution(s) Ordinances(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) X Other: Keiter's Proposal (on file in City Clerk's Office) X Agreement 1. Has the resolution, ordinance or agreement been reviewed X Yes —No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Ter*nce L. Belanger City Manager Frank M. Usher / Assistant City Manager A. Wentz City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 18, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Construction of Handicap Access Ramps ISSUE STATEMENT The City proposes to award a contract for the construction/modification of handicap access ramps to Keiter Construction Co. of Diamond Bar, the lowest responsible bidder. RECOMMENDATION The City Council award the contract to Keiter Construction Co. of Diamond Bar for Construction of Handicap Access Ramps, in an amount not to exceed $55,200. Furthermore, it is recommended that the Council authorize a contingency amount of $8,000.00 for project change orders to be approved by the City Manager. FINANCIAL SUMMARY The City Council allocated $112,800 of CDBG funds for this project in the 1994/95 fiscal year budget. The bid amount is within the budgeted amount. The remaining funds will be placed in the City's CDBG contingency fund for reallocation. BACKGROUND At the January 18, 1994 City Council meeting, the City Council approved the Community Development Block Grant Program and proposed budget for Fiscal Year 1994-95, which included funding for handicap access ramps at certain intersections throughout the City. On February 7, 1995 City Council adopted Resolution No. 95-05 approving plans and bid specifications for the construction of handicap access ramps at the following 42 intersections in Diamond Bar: me] a IDIGE11 11 DIAMOND BAR BOULEVARD 27 GOLDEN SPRINGS DRIVE 15 TOTAL 42 locations for 100 ramps Notice to bidders was published on February 8, 1995 and 17 bids were submitted and opened on March 2, 1995. Of the 100 ramps which will be constructed, the four new ramps will require the relocation of two traffic signal vaults by the utility companies. PAGE 2 HANDICAP ACCESS RAMPS APRIL 18, 1995 The bid of $55,200.00 submitted by Keiter Construction Co. of Diamond Bar has been determined by staff to be the lowest responsible bid. All customary insurance and bonds have been included. Staff has prepared a tentative schedule for the various project activities as follows: Start of Construction Completion of Construction DISCUSSION: April 28, 1995 June 26, 1995 The City Council at the March 21, 1995 meeting requested staff to review the City's requirement to meet the American's with Disabilities Act as it relates to handicap access ramps (curb cuts). The Act states the City must have a "schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by this Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas." The City developed a plan to construct/modify all curb ramps along the major boulevards and commercial areas as the first two phases to meet the ADA standards. The City will then develop the required transitional plan to construct new curb ramps in the residential areas as well as any other structural change required under ADA. Once the City constructs the curb ramps to meet ADA standards, if that standard changes, the City will not be required to retrofit the ramps. In reviewing the regulations staff spoke to ADA Compliance Officer for California, National Regional Disability and Business Technical Assistance Center, National Organization on Disability and the City Attorney's Office, ADA attorney specialist. As requested Staff also reviewed alternative projects if the City Council decides not to award this contract. The monies would be placed into the City's CDBG Contingency funds for reallocation. The funds could only be used for qualified public works projects. Due to the City not having any low or moderately low census tracts the only public works projects that qualify are ADA projects: curb ramps, park retrofitting, and sidewalks. Currently the City has allocated $149,000 for both the 1995-96 Park Retrofitting and sidewalk program. It is Staffs recommendation that the City Council award the contract and all the major boulevards be constructed/modified to meet the ADA standards. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: April 18, 1995 REPORT DATE: April 18, 1995 FROM: Bob Rose, Community Services Director TITLE: The award of contract for the construction of A.D.A. Modifications at Maple Hill Park. SUMMARY: On March 7, 1995, the City Council adopted Resolution No. 95-13 authorizing the City Clerk to advertise for and receive bids for the construction of A.D.A. Modifications at Maple Hill Park. Bids were received from nine contractors. Bids were opened and publicly read on April 7, 1995. One bid was withdrawn by the bidder due to clerical errors in the bid. (continued on page 2) RECOMMENDED ACTION: It is recommended that the City Council award a contract to Allied Engineering and Construction, Inc., the lowest responsive bidder, for the construction of A.D.A. Modifications at Maple Hill Park, in the amount of $154,661.84, plus an additional amount not to exceed $6,000. to serve as a contingency. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution(s) Bid Specifications (on file in City Clerk's Office) Ordinance(s) _X Other: Bid Opening Results X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? Yes X No What Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: REVIEWED BY: /'`Terrence L. Belanger rank M. Usher BobRose City Manager Assistant City Manager Community Services Director Agenda Report Maple Hill Park Meeting Date: April 18, 1995 Page Two SUMMARY: (continued) Another bid was deemed non-responsive due to inconsistancies in bid prices. A protest with regard to the low bid was reviewed by the City Attorney and determined to be without merit. That left seven responsive bids, ranging from a low of $154,661.84 to a high of $198,212.22. References of the lowest responsive bidder, Allied Engineering and Construction, Inc., have been checked and the contract for this project is prepared to be awarded. CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 18, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrance L. Belanger, City Manger SUBJECT: Award of Contract for the construction of A.D.A. Modifications at Maple Hill Park. ISSUE STATEMENT: Shall the City Council award a contract to Allied Engineering and Construction, Inc., the lowest responsive bidder, for the construction of A.D.A. Modifications at Maple Hill Park? RECOMMENDED ACTION: It is recommended that the City Council award a contract to Allied Engineering and Construction, Inc., the lowest responsive bidder, for the construction of A.D.A. Modifications at Maple Hill Park in the amount of $154,661.84, plus an additional amount not to exceed $6,000. to serve as a contingency. FINANCIAL SUMMARY: There is $161,600 in C.D.B.G. Funds allocated in the 1994/95 fiscal year budget for this project. The $154,661.84 bid plus $6,000 contingency totals $160,661.84, which is within the total amount of funds available. BACKGROUND: On March 7, 1995, the City Council adopted Resolution No. 95-13 authorizing the City Clerk to advertise for and receive bids for the construction of A.D.A. Modifications at Maple Hill Park. Bids were received from nine contractors. Bids were opened and publicly read on Friday, April 7, 1995 with bids ranging from a low of $154,661.84 to a high of $198,212.22. The bid from MB Construction was withdrawn by the bidder due to clerical errors in the bid and the bid from United Builders was deemed non-responsive due to irregularities and inconsistencies on the bid form and price totals. A formal protest of the bids submitted by MB Construction, Allied Engineering & Construction, Inc. and United Builders was submitted by Ed Layton Construction Company, Inc. With the withdrawal of the bid by MB Construction and the non -responsiveness of the bid by United Builders, the only bid remaining under protest is the one submitted by the apparent low bidder, Allied Engineering and Construction. The protest on that bid is with regard to the lack of corporate seal along with the signature on the bid. This protest issue was reviewed City Council Report Maple Hill Park Meeting Date: April 18, 1995 Page Two BACKGROUND: (continued) by the City Attorney and he determined that the protest is without merit State Code allows for an authorized signature to be binding even when not accompanied by the corporate seal. Correspondence with Allied Engineering and Construction, Inc. has verified that the signer of the bid has the authority to sign a bid document. References of the lowest responsive bidder, Allied Engineering and Construction, Inc., have been checked and the contract for this project is prepared to be awarded. DISCUSSION: The award of contract to Allied Engineering and Construction, Inc. for $154,661.84 is for the first phase of the project. The second and third phases of the project will be completed when an additional $43,662.10 in C.D.B.G. Funds become available for this project. It is expected that these funds will become available after July 1, 1995. It is staff's intention to bring phases two and three back to the City Council at the first meeting in July, so that the entire project can be completed by the end of July. Phase One of the project includes: 1. Retro -fit of the restrooms 2. Proper signage for the front of the park 3. Accessible playground equipment and surfacing 4. Removal of steep cross slopes in parking lot and restroom/playground area Phase Two of the project includes: 1. Reconfiguration of the walkway to the tennis courts to make the tennis courts accessible Phase Three of the project includes: 1. Construction of a picnic shelter to provide accessible picnic tables and barbecues PREPARED BY: Bob Rose Community Services Director Rn - U N V N lr a 03 10 013 n M o H H z O k z n•• � v c H l2l o �t N- r Ln lr 013 U H � c o N N vcr w ` IN n b0 ~ d O c) C17 � z Z d C) > r 4 oC M tz AGREEMENT "This is a federally assisted construction contract and Federal labor standards, including the Davis -Brown requirements, will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. " 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 ALLIED ENGINEERING & CONSTRUCTION, 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 ALLIED ENGINEERING & CONSTRUCTION, 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 the construction of ADA improvements to Maple Hill Park 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 Construction of the improvements at Maple Hill Park 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 ADA Modifications to Maple Hill Park City of Diamond Bar shall control. O • • 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 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. CgmWncation 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 ADA Modifications to Maple Hill Park 2 City of Diamond Bar C. 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. 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. 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. ADA Modifications to Maple Hill Park 3 City of Diamond Bar 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; 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 insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates 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. ADA Modifications to Maple Hill Park 4 City of Diamond Bar Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, 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, ADA Modifications to Maple Hill Park 5 City of Diamond Bar 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. 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 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 ADA Modifications to Maple Hill Park 6 City of Diamond Bar 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. 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 April 7, 1995, in the total amount of $154,661.84 plus a contingency amount of $6,000. 12. ATTORNEY'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. ADA Modifications to Maple Hill Park 7 City of Diamond Bar 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. 651356 Date: 4/14/95 APPROVED AS TO FORM City Attorney Date: By: Name Title CITY OF DIAMOND BAR, CALIFORNIA Un Contractor's Business Phone )/q-6)1) - 2 i) (-1 Emergency Phone at which Contractor / can be reached at any time ?/ y- / - Mayor City Clerk ADA Modifications to Maple Hill Park 8 City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ' TO: Terrence L. Belanger, City Manager MEETING DATE: April 18, 1995 REPORT DATE: April 12, 1995 FROM: Bob Rose, Community Services Director TITLE: Resolution No. 95 -XX of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Construction of Monument Signs in the City Parks in the City of Diamond Bar and Directing the City Clerk to advertise to receive bids. SUMMARY: The existing park monument signs incorrectly list "Los Angeles County" as the operator of the City's parks. Staff has prepared plans and specifications to replace the existing signs with a new design that correctly identifies the City of Diamond Bar on the sign. The design has been reviewed by the Parks and Recreation Commission and the Planning Commission. Both Commissions are (continued on page 2) RECOMMENDED ACTION: It is recommended that the City Council adopt Resolution No. 95 -XX approving the plans and specifications for the Construction of Monument Signs in the City Parks and direct the City Clerk to advertise to receive bids. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _ Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification X Bid Specifications (on file in City clerk's Office) Other: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes No 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? X Yes No What Commission? Planning Commission & Parks and Recreation Commission 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: REVIEWED BY: FW^ -Terrence t. Belanger Frank I. Us Bob Rose City Manager Assistant City Manager Community Services Director Agenda Report Park Monument Signs Meeting Date: April 18, 1995 Page Two SUMMARY: (continued) recommending approval of the new design to the City Council. Replacement of the existing park signs is an approved Capital Improvement Project in the 1994/95 fiscal year budget. A total of $30,000 in Quimby Funds are allocated to this project. Total cost to construct 10 new monument signs and to demolish the existing signs is estimated to be $55,000. There is over $200,000 in Quimby Funds available in reserve should the City Council decide to allocate additional funds to this project to complete the entire retro -fit during the current fiscal year. This action would not be necessary until bids are opened and the actual amount needed is known. CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 18, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manger SUBJECT: Resolution No. 95 -XX of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Construction of Monument Signs in the City Parks in the City of Diamond Bar and Directing the City Clerk to Advertise to Receive Bids. ISSUE STATEMENT: Shall the City Council adopt Resolution No. 95 -XX approving the plans and specifications for the Construction of Monument Signs in the City Parks in the City of Diamond Bar? RECOMMENDED ACTION: It is recommended that the City Council adopt Resolution No. 95 -XX approving the plans and specifications for the Construction of Monument Signs in the City Parks in the City of Diamond Bar and direct the City Clerk to advertise to receive bids. FINANCIAL SUMMARY: The City Park Sign Retro -fit is an approved Capital Improvement Project in the 1994/95 fiscal year budget. A total of $30,000 in Quimby Funds is allocated to this project. Total cost is estimated to be $55,000. There is over $200,000 in Quimby Funds available in reserve should the City Council decide to allocate additional funds to this project to complete the entire retro -fit during the current fiscal year. BACKGROUND: The monument signs currently located in the City Parks identify "Los Angeles County" as the operator of the parks. The parks are actually owned and operated by the City of Diamond Bar and staff has developed plans and specifications to replace the "Los Angeles County" signs with City of Diamond Bar signs. Staff has reviewed a variety of options on how to accomplish this task. Options considered include retro fitting the existing signs with acrylic or wood overlays; replacement of the existing signs with new wood signs; and replacement of the existing signs with new concrete monument signs. Staff is recommending the last option, replacement of the existing signs with new concrete monument signs. The proposed sign provides a common theme in architecture that includes a distinctive design, river rock footing and a bronze replica of the City logo. The park name is Council Report Park Monument Signs Meeting Date: April 18, 1995 Page Two BACKGROUND: (continued) featured prominently on the sign along with the verbiage "City of Diamond Bar", and the street address of the park. The sign provides clear identification of the City parks, provides a visible element that is consistent at each of the park sites and projects a positive image of the City and the park system. The option selected, although somewhat more expensive up -front than the other options considered, will save money in the long term due to lower maintenance costs. Wood signs require stain and paint on a regular basis and acrylic signs tend to yellow and crack over time, which leads to periodic replacement. The process used to develop the design of the monument signs included review of the exiting park identification signs, review of Ordinance No. 5A - the Sign Ordinance, and the need to properly identify the City's parks in a consistent manner with a high level of quality. There are two versions of the proposed park monument sign design. One is a 10' long sign and the other is an 8' long sign. The 10' sign is proposed to be located on the major blvds adjacent to the parks, including: 1. Golden Springs for Sycamore Canyon Park & Peterson Park 2. Grand Avenue for the southern entrance of Summitridge Park 3. Brea Canyon Road for Heritage Park The eight foot sign is proposed for the more residential streets, including: 1. Forest Canyon Drive for Paul C. Grow Park 2. Maple Hill Road for Maple Hill Park 3. Starshine Road for Starshine Park 4. Summitridge Road for the east entrance of Summitridge Park The proposed design of the monument signs has been reviewed by the Parks and Recreation Commission, at its March 23, 1995 meeting, and by the Planning Commission at its April 10, 1995 meeting. Both commissions are recommending approval of the design to the City Council, with the Planning Commission making the following suggestions: 1. The park address should be included on each sign 2. No part of the sign should exceed 72" in height 3. Lighting for each sign should be considered Staff has incorporated the first two suggestions into the design of the proposed signs. The highest point of each sign will not exceed 72" and the park address will be included on each sign. Staff gave thoughtful consideration to lighting the signs, but lighting is not recommended, primarily to keep the costs of the signs from going any higher. Council Report Park Monument Signs Meeting Date: April 18, 1995 Page Three DISCUSSION: The park signs are budgeted in the 1994/95 fiscal year budget for $30,000 with Quimby Funds. Each sign is estimated to cost approximately $5,000. In order to remove existing "L.A. County" signs and to construct new monument signs at 10 park locations (two of the parks have two signs), total cost is estimated to be $55,000. The bid package itemizes the cost for each sign location and allows for flexibility in quantity of work so that the total cost can be limited to the amount authorized by the City Council. There is over $200,000 available in reserves in Quimby Funds should the City Council wish to allocate additional funds to complete the entire retro -fit project during the current fiscal year. This action would not be necessary until bids are opened and the actual amount needed is known. PREPARED BY: Bob Rose Community Services Director 1-1 PARK MONUMENTATION/SIGNAGE DETAIL 1 CITY OF DIAMOND BAR, CALIFORNIA 1/2" = V-0" I . PROVIDE 45 DEGREE CORNER AS DIMENSIONED. 2. BRONZE CASTING OF DIAMOND BAR CITY LOGO, 2 SIZES REQUIRED: 1 SIZE ® 1'-9" TOP TO BOTTOM(6 TOTAL); 1 SIZE01'-3" TOP TO BOTTOM(4 TOTAL) PROVIDE 1" RECESS IN CONCRETE SIGNAGE TO RECIEVE PLAQUE. EPDXY IN PLACE. CONTRACTOR TO PROVIDE SHOP DRAWING OF LOGO CASTING FOR REVIEW AND APPROVAL BY CITY 14 DAYS PRIOR TO SCHEDULED FABRICATION. 3. DEBOSSED CONCRETE LETTERS FOR EACH OF THE INDICATED CITY PARKS - (SEE MONUMENTATION SUMMARY FOR SPECIFIC TEXT FOR EACH SIGN): • SYCAMORE CANYON PARK • PETERSON PARK • SUMMITRIDGE PARK (2 SIGNS REQUIRED) • PAUL C. GROW PARK • SUNSHINE PARK • MAPLE HILL PARK • HERITAGE PARK • RONALD REAGAN PARK (2 RETROFITS REQUIRED) TYPE STYLE: TIMES ROMAN TYPE SIZE: AS DIMENSIONED. 4. DEBOSSED CONCRETE LETTERS INDICATING PARK ADDRESS - SEE MONUMENTATION SUMMARY FOR SPECIFIC TEXT FOR EACH SIGN. 5. 4-8" SALT AND PEPPER GRANITE RIVER ROCK. PROVIDE 1" RAKED GROUT JOINT, MAXIMUM. 6. POURED IN PLACE CONCRETE MOW CURB. PROVIDE DEEPENED FOOTING AT MOW CURB TO ACCOMMODATE SLOPING GRADE AT SIGNAGE BASE. SEE SECTION. 7. INTEGRAL COLOR PRECAST CONCRETE SIGNAGE. PROVIDE 1" CHAMFER AT ALL EXPOSED EDGES. COLOR: 'SAND' FINISH: LIGHT TO MEDIUM SANDBLAST FINISH. CONTRACTOR TO SUBMIT SAMPLE OF COLOR AND FINISH FOR REVIEW AND APPROVAL PRIOR TO FABRICATION. 8. FINISH GRADE. 9. PROVIDE 1/2" CHAMFER ALONG PERIMETER OF CONCRETE RECESS AT CITY LOGO. 10. 2 - 1/2" CHAMFERS (BACK TO BACK) 11. # 4 REBAR, 24' O.C., ALTERNATE BEND. 12. POURED IN PLACE CONCRETE FOOTING AS DIMENSIONED. 13. # 4 FEBAR, CONTINUOUS. LOCATE AS INDICATED. 14. PROVIDE 2 COATS OF ELASTO-DECK B.T. ELASTOMERIC WATERPROOFING. APPLY PER MANUFACTURER'S SPECIFICATIONS. AVAILABLE FROM PACIFIC POLYMERS:(714) 898- 0025. 15. FILTER FABRIC. 16. 12"X 12" CONTINUOUS CRUSHED GRAVEL AT SACK OF WALL. 17. CONTINUOUS 4" DRAIN LINE. DAYLIGHT THROUGH ADJACENT CURB PENDING REVIEW AND APPROVAL BY CITY INSPECTOR. 18. 95% COMPACTED SUBGRADE. NOTE: CONT FACTOR SHALL SUBMIT SHOP DRAWINGS OF CAST BRONZE CITY LOGO FOR REVIEW AND APPROVAL BY CITY PRIOR TO FABRICATION. : CONTRACTOR SHALL APPLY 2 COATS OF'AMERITONE' PAINT, COLOR :BLUE TO ALL RECESSED LETTERS. CONTRACTOR TO SUBMIT SAMPLE COLOR CHIP TO CITY FOR REVIEW AND APPROVAL PRIOR TO APPLICATION. LEGEND FOR PARK MONUMENTATION/SIGNAGE DETAILS 1,1A,2,3A CITY OF DIAMOND BAR, CALIFORNIA RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF MONUMENT SIGNS IN THE CITY PARKS IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for Construction of Monument Signs in the City Parks in the City of Diamond Bar. SECTION 2. That the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: ►� 1►\ h 1 li �'till'[MUN Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 11:00 o'clock A.M. on Tuesday, May 23, 1995, sealed bids or proposals for the Construction of Monument Signs in the City Parks in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Construction of Monument Signs in the City Parks in the City of Diamond Bar". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions City of Diamond Bar Park Monument Signs of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, property indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or City of Diamond Bar 2 Park Monument Signs D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standard, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal 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 as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference City of Diamond Bar 3 Park Monument Signs between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed at the time of award in accordance with the provisions of the contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $15.00, said $15.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non -reimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). City of Diamond Bar 4 Park Monument Signs The City of Diamond Bar, California, reserves the right to reject any and all bids. The Engineer's Estimate is: $55,000.00 By order of the City Council of the City of Diamond Bar, California. Dated this day of 1995. PASSED, APPROVED AND ADOPTED this _ day of , 1995. MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1995 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar City of Diamond Bar 5 Park Monument Signs CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 04 TO: Terrence L. Belanger, City Manager MEETING DATE: April 18, 1995 REPORT DATE: April 10, 1995 FROM: Bob Rose, Director of Community Services TITLE: Extension of Contract for City-wide Street Tree Maintenance SUND4ARY: On July 5, 1994, the City Council awarded a contract to West Coast Arborists, Inc. in the amount of $45,000 for City-wide street tree maintenance. The first year of the contract was from July 1, 1994 through June 30, 1995. The contract allows the City Council to extend the contract on an annual basis if an extension is deemed to be in the best interest of the City. West Coast Arborists, Inc. has done an excellent job servicing the City's tree maintenance needs. Plus, they are willing to forgo a C.P.I. increase to extend the contract for the 1995/96 fiscal year. RECOMMENDATION: It is recommended that the City Council approve the extension of the contract for City-wide street tree maintenance to West Coast Arborists, Inc., in the amount of $45,000 for the 1995/96 fiscal year. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _X Bid Specifications (on file in City Clerk's office) _ Ordinances(s) .X Other: Letter of Agreement _( 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: REV D BY: f Terr nce L. anger Frank M. Usher toffilose City Manager Assistant City Manager Community Services Director SENT BY: 4-11-95 7:57 ;WEST COAST ARBORISTS- 613117 ; 2/ 2 City of Diamond Bar RECEIVED 21 M c toper DrWt, Susie 100 Dlsn oW No, G 917U4177 n= ADDL.1 ri1 � (eo,) Aww" - Fax (49,1 ibf4l 1 f DIA ONO ,AR COHHUN T Y S RVICES April 10. 1991 R&* TAOMOM, Vim Ptsldiaat Wpb Cort 1 [W. 2300 e.U= . Andwhu, CA >m cm. sTat bLUNTENANCIC Dass Mr. Th*=U Per our rooesl' wWph= gomiru ion, the City of Dimond Hrsr is iwr0Wd in utsuding City-wide Strove Trio Mti amw coabse Oh West cow Asrbori CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, #100 DIAMOND BAR, CA 91765 BID PRICES FOR CITY -VIDE TREE MAM ENANCE IN DIAMOND BAR Name of Bidder (Company) West coast Arborist:. Inc. By Randy nowson vice President (Name) (Title) C" Buam Park Zip 90621 Tdephone (714) 739-5511 Fax (714) 739-2396 Bid Summary L Total for Routine Scheduled Work S 27.700.00 II. Total for Remov"Stump Grind S 5,300.00 III. Total for Root PnminS S 400.00 IV. Total for Emervmc5 Chow S 4,000.00 Total Bid for ham/ LII, III, and IV 37, 400.00 Total Bid Amount WriM In Words Thirty S6vGn Thcumnd• Four hundred Dollars and No/100-- The that bo has reed the terms and conditions for the goods and services listed hsr+tiu area to fivaM to the City of Diamond Bat said requirements in strict to tr slaoi0cadoer thereto. By/Tide Date vice President (Authorized S*Atum) (Title) June 28, 1994 25 L ChsgW hr fm ine scheduled work The City ofDLmood Bar will provide a in of tress that require servwc to the coot<actor at various umse tbrousbout the year. The anmbw of tress on the list could vary from one to over one dwumd. Phase este: a per tree bid price for each bench mark quatmy listed below. A. Su%W Tres Service S200= per tres x 1 tree $200.00 B. Smog ��Serv�ice) $ 100.00 1 000.00 Quamty pa fres x 10 trees S._ (Tmmini of two to ten tress) C. ModIWm Qty Service S 45.00 per tres x 100 trees 0' 500.00 (Trimming of 11 to 100 tress) D. Lap Qnaotity Service $ 22.00 per tree x 1000 ti+eer 622,000-00 (Trimming of 101 to 1000 tress) I. II. RemavaW&ump Grind Total for Routine SdMdWW wak - $27,700-00 I dime d Are for west aocordios to the lined wink diameow at breast beisht: 0.6" 7" -12" 13"-24" Diameter Diameter Diameter (IS 3/4" Cir) (37 SA Cir) (75 3/8 Cir) Ramavel S 100.00 s 100.00 s 100-00 Stump Guise S 10.00 s 40.00 s 40.00 II. III. Root p1f 0-25 25-100" Cat Per Its Foot S 10.00 s 10.00 Ovw 24" Total Diameter s lOO.00A 10 S—! 1000 - 00 removalel S_12.00 110 Stump s1.300.00 Total for Removals/Stump Grind lw-500' 500+ S 10.00 S 10.00 glow III. Total for Root Pts M 26 S g Tout N. Em V mq Charges Emer,s W CWM= shall include all pemomel, equipment and other materials used in convwftwmk A Minimum Service Charge s 100.00 per hour x 20 hours -$ 2, 000.00 Charge per Rerponw with two (2) hour miaimwn B. Charges beyond the mirrimum time s100-OOper hour x 20 hour -$2.000.00 N. Total for Emergemy Chanes $40000 27 CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: June 28, 1994 PROJECT NO.: City-wide Tree Trimming ••�1; x:41 • :•�• • =sr• 1�i! •� r do � lc1t�� beor A�ba6&6c Inc, /0% 4 c�/,r //Vl X Lavtdsr"Qc (t),+ I nc�/D nn 0,,'br -l-1,,- Cin onc! ' yG _ .3 �� . 00 NM -01: 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 West Coast Arborists, 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 West Coast_ Arborists, 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 Citywide Street Tree Service as described in Exhibit "A". 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 citywide street tree service. 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 DOCUM1 NTS TO BE CONSIDERED COMPLEMENT RY: 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. =0111MIlurcel go I :: 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 from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within one hundred twenty (120) 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. Compensation 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 subcontsactors 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) S500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City Or Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by 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 insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WA E: Notice is here by 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 the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or c. When the trade can show that i. 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 WO K: 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 Or 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. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT- City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated June 28 1994, in the total amount of $ 37,400.00 12. ATTORNEY'S FEE • 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 attorney's fees and costs incurred with respect thereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. 3 V V I LP C-61, L --L1 TIAnE 60 , ICIALA Date APPROVED AS TO FORM City Attorney Date BY: R- L, —n,1y . a. . Title CITY OF IAMO BAR, CALIFORNIA BY: _ Mayor J BY-�/" City CYerk Contractor's Business Phone "L I H • 13� 5 1 Emergency Phone at which Contractor can be reached at any time I I u • V 161 • i -t. t 14 CITY OF llIAMOND HAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: April 18, 1995 REPORT DATE: April 12, 1995 FROM: Bob Rose, Director of Community Services TITLE: Graffiti removal contracts with San Gabriel Valley Boys Club and Graffiti Control Systems SUMMARY: At its meeting on May 18, 1993, the City Council awarded a contract to Graffiti Control Systems, in the amount of $16,590 ($30 per site), for supplemental graffiti removal in Diamond Bar through June 30, 1994. The contract allows the City Council to extend the contract on an annual basis and adjust the quantity of work to serve the best interests of the City. On August 16, 1994, the City Council extended the contract for the period of July 1, 1994 through June 30, 1995, in the amount of $20,000 (666 sites). Staff recommends the termination of the contract with the Boys Club because of the low tech methods they use for graffiti removal (paint over with mis-matched paint). Therefore, staff believes the contract with Graffiti Control Systems should be expanded to $25,000 (833 sites). There were a total of 775 sites of graffiti removed in the 12 months of 3/1/94-2/28/95 and staff does not expect that number to increase significantly. RECOMMENDATION: It is recommended that the City Council a.) direct staff to draft a letter to the San Gabriel Valley Boys Club to terminate the agreement for graffiti removal effective June 30,1995, and b.) approve the extension of the contract with Graffiti Control Systems for graffiti removal in Diamond Bar for fiscal year 1995/96 in an amount not to exceed $25,000 (833 sites). LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) X Bid Specifications (On File In City Clerk's Office) _ Ordinances(s) X Other: Letter of Agreement X Agreement(s) Bid Results EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVI WED BY: / Terr nce L. Bel ger Frank Usher 96b'Rose City Manage Assistant City Manager Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 18, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Graffiti Removal Contracts with San Gabriel Valley Boys Club and Graffiti Control Systems. ISSUE STATEMENT: Shall the City Council a.) direct staff to draft a letter to the San Gabriel Valley Boys Club to terminate the agreement for graffiti removal effective June 30,1995, and b.) approve the extension of the contract with Graffiti Control Systems for graffiti removal in Diamond Bar for fiscal year 1995/96 in an amount not to exceed $25,000. RECOMMENDATION: Staff recommends that City Council a.) direct staff to draft a letter to the San Gabriel Valley Boys Club to terminate the agreement for graffiti removal effective June 30,1995, and b.) approve the extension of the graffiti removal contract with Graffiti Control Systems for the 1995/96 fiscal year in an amount not to exceed $25,000. FINANCIAL SUMMARY: Graffiti removal is budgeted in the 1994/95 fiscal year budget for $30,000. With a reduction of graffiti experienced during that time, staff is recommending a budget of $25,000 for the 1995/96 fiscal year. BACKGROUND: In response to a growing graffiti problem in Diamond Bar, City Council awarded a contract to Graffiti Control Systems on May 18, 1993, to supplement the graffiti removal efforts of the San Gabriel Valley Boys Club. The contract agreement allows for annual extensions, with a possible C. P.I. adjustment, if agreed to by the City Council. Graffiti Control Systems has agreed to forgo a C.P.I. adjustment for the 1995196 fiscal year, as it did for the 1994/95 fiscal year. Graffiti has leveled off in Diamond Bar, and a $25,000 contract will allow for a similar amount of graffiti removal efforts by Graffiti Control Systems in 1995/96 as were performed by both Graffiti Control Systems and the Boys Club in 1994/95. If the agreement with the Boys Club is terminated, it is appropriate to increase the contract with Graffiti Control Systems to $25,000 for the 1995/96 fiscal year. DISCUSSION: Graffiti Control Systems has performed graffiti removal services at over 1,014 sites in Diamond Bar on 32,000 square feet of surface space over the past two years. Staff has not received any complaints on their services, and is very impressed with the professionalism of the removal services provided. There are several advantages to continuing this contract with Graffiti Control Systems, including: Council Report Ext. of Graffiti Removal Contract Meeting Date: April 18, 1995 Page Two 1. Graffiti Control Systems is a professional graffiti removal company. They use a variety of methods to remove graffiti, ie: chemical blast, solvent, dry blast, steam cleaner, and, when paint over is necessary, the use of computer matched colors. 2. They do not use "blocks" of mis-matched paint to cover graffiti. The only "blocks" of paint have been left by the Boys Club. Graffiti Control Systems computer matches the paint color, and this process leaves no "blocks." 3. If City Council desires, Graffiti Control Systems will go into the community and paint over any existing "blocks" that were left by other graffiti removal efforts, for the same cost as regular graffiti removal. 4. Graffiti Control Systems have a toll fee hotline telephone number for reporting graffiti. 5. Calls are usually handled by a live operator during regular business hours, not just a message machine. 6. Most removals are completed within 24 hours of the reporting of graffiti. 7. After providing two years of service to the community, Graffiti Control Systems in now familiar with the City, and its harder to find graffiti locations, resulting in faster service, and fewer call backs. 8. Continuing with the same contractor means continued use of the same toll-free hotline. Residents already have this number, and the more people reporting graffiti means the faster it gets removed. Staff recommends the termination of the agreement for graffiti removal with the San Gabriel Valley Boys Club due to their use of "low-tech" methods. Where paint over of graffiti is required, they paint over with "similar" color, which results in mis-matched "blocks" of paint in the community. Due to citizen complaints for such actions, staff has, in the past, contacted Graffiti Control Systems to remove the "blocks" and the graffiti under it using a dry media blast (similar to sand blast, but more sensitive to the environment than blowing sand). We have only had compliments regarding Graffiti Control Systems' processes for graffiti removal. Staff has also compared the cost of having graffiti removal completed in-house by City Staff. Estimated cost to perform 833 sites of removal with a part-time maintenance worker utilizing City owned equipment is $22,000 per year plus approximately $20,000 in capital costs, for a total cost of $42,000 for the first year. Capital costs include a small pick-up truck dedicated for graffiti removal, plus a dry media blaster and a liquid media blaster which are used to remove graffiti. Staff believes that economic efficiency will be better obtained by continuing to contract for graffiti removal services at this time. PREPARED BY: Bob Rose Community Services Director 0,4/10/1995 15:03 818-7642516 GRAFFITI CONTROL PAGE 01 FFR-10-'13te' MON 13:57 1D;CiT'i OF D1PMND BAR TEL tc;'f14-Bb1-311T 4183 POE L' -pow MOW Mayor ", Tw Coued1kofflber cldr W, NEW.Ow Cooed! Mwvw er cWY G.rdIv Lound l Mwffw .n," mow City of Diamond Bar :1"o e. CW* Dwer, swn• 100 111oMl M•. CA 0176"777 (!Q!) ef47AM - Fox (M) /614117' n /bell 10, 1994 0 =0 X" 7M AM IMMCD M Ca 91606 �� -0 < rMw rn 10 i#RAS'S9'99 W M9DYAL C0NMCV w Darr W. Woodtr Pyr ost reolllt Mieph M ooMvafasoa, the Cir, of Diamond Set 1s intrrwwi 11 ggat ft zdW reaavwl ooatract WIM 0MMd C*" Symms fMM lwy 1. IM Iww 30. 19%. IU AFINU t will rMWU " unit pdoe aoatabaed in yor p mp" ftd MANN 3, 1943. wh" b $30-0 Ps' da. sow a do aaatber of MR" M � 69► C1n�d Control Systems at S30.00 p CWWob &dMj d I � Md 194139'' 1mrMreoc am. 1t i� eplmtod timet ft city of M � !96196, d ar ata. pia�oai 11K eetlawas the vine of the 19901'46 aor�e a ba b9fow. Upon egr.,w of WS aomreot Mmut by do numond 8W City co'", a older is 16t etaonat not 10 ar�oead US,ON wlU be poomwed sr►d AID you. sinowyl 9W lbw. DbWW malty SOlaee DOPWMWM by dpft bpw, lis pwMu Wo to the do" SUM16 city. of Dianoad 11er &td,41 syaear6 AMM A r ta%lier7f 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 Graffiti Control Systems 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 from Contractor Graffiti Control Systems 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 graffiti removal 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 graffiti removal 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. TwtCOgpOgAT p 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 complete and finished work for each removal assignment 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. 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 from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to 15 complete the work of each removal assignment within twenty- four hours of assignment. The bidder agrees further to the assessment of liquidated damages in the amount indicated in item 6 of the attachment for assignments that remain incomplete beyond the scheduled completion time. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the'subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a 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 i- Wforminq 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. 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. 16 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, it 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 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 insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. . 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the 17 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, 21660 E. Copley Drive, Suite 100, 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 his 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 Section 1777.5 of the Labor Code concerning the employment of apprentices and 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 2pproval. The certificate will also fix the ration of apprentices journeymen that will be used in performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. when unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to•five, or c. When the trade can show it is replacing at least 1/30 of its membership through apprenticeship training on a 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 18 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 177:.S. 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 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, claim*, 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, 19 obligations, or liabilities arising from the sole negligence or willful misconduct of ftty, 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 judgement 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 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 action or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 5, 1993. 12. ATTO=IS 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 attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least ten (10) 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 GO4 6� Contractor's License No. U Date APPROVED /7/11/' City Atto y J Date By: T 1• Title CITY OF DIAMOND BAR, FORNIA By: Mayor By: City Clerk Contractor's Business Phone (800) 794-7384 or (818) 982-8480 Emergency Phone at which / p�.����� Contractor can be reached at any time l a,�\ ) t 21 CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, #100 DIAMOND BAR CA 91765 HID PRICES FOR TRZ RZi1C AL OF GR&"XTZ IN DIAMOND MR Name of Bidder (Company) By 4 )�- �� C�Qes�acN Bidder's Address �3���3 SA e�oy 'C—RtyT Cityzip gj%OS Telephone # &gL0)4r �3a4 Fax 0 Date MNkQ %A . �`i�3 dub. (SO Planned Methods) of Graffiti Removal. List all removal techniques that will be utilized to remove graffiti under the bid for the price listed below: Paint over with similar colors (light/dark) Paint over with matching colors (eyeball) Blend colors with computer, then paint over (high tech) 'ol', High pressure water - Cold High Pressure water - Hot (stead clean) Pre -treat with sacrificial coating, remove graffiti, then re -apply sacrificial coating Dry or wet blast (i.e. sand, sponge, walnut shell, bicarbonate) Solvent or chemical remover Other removal techniques you plan to use (please list): "PLEASE NOTE - If City Council deems it in the best interest of the City, bid may be awarded solely on the basis of removal technique of contractor. 25 I. Monthly Retainer S x 12 months r4 (if applicable - If not applicable, write in the word NONE) II. Small Sites $ °-" per site x 177 sites/year average = $ 5,3k0°1= (10 sq. ft. or less at site - 321 of sites are less than 10 sq. ft.) III. Medium Sites $ 2 per site x 326 sites/year average s $ q,1QA°p (11 sq. ft. to 1 sq. ft. at site - 59% of sites are 11 to 150 sq/ ft.) IV. Large Sites $ J� _ per site x 50 sites/year average = $ (151 sq. ft. or over at site - 9% of sites are over 151 sq. ft.) - The largest single removal site has been 940 sq. ft. Total aid (Annual Costs)• $\(o- SIGMATURR AND TITLE: The undersigned declares that he has read the terms and conditions for the goods or services listed herein and agrees to furnish to'the City of Diamond Har said r��e++quiremats in strict conformity to the specifications thereto. Company Address Hy/Title Fax # lid 26 CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: March 18, 1993 - 11:00 a.m. PROJECT NO.: Graffiti Removal BIDDERS NAME BID BOND BID AMOUNT t�� S 9U UO d YYlS ( vo 32LO.00 i (�P-u-Arun k inc . 1.9(og. 00 a%9_ �9�. od �r 1 � CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: April 18, 1995 REPORT DATE: April 10, 1995 FROM: Bob Rose, Director of Community Services TITLE: Extension of contract for weed control/sidewalk and parkway maintenance. SUMMARY: At its meeting on September 21, 1993, City Council awarded a contract to Landscape West, Inc., in the amount of $54,742, for city-wide weed control/sidewalk and parkway maintenance in Diamond Bar. The first year of the contract began on October 1, 1993 and continued through September 30, 1994. On August 16, 1994, the City Council extended the contract from October 1, 1994 through (Continued on back) RECOMNIENDATION: It is recommended that the City Council approve the extension of the contract with Landscape West, Inc. for weed controVsidewalk and parkway maintenance in Diamond Bar for fiscal year 1995/96 in an amount not to exceed $54,742. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) Bid Specifications (On File In City Clerk's Office) _ Ordinances(s) Other: Letter of Agreement Agreement(s) Bid Results 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: REVIE D BY: Terren L. B&ger City Manager Agenda Report Frank M. Usher % B6b Rose Assistant City Manager Community Services Director Ext. of Weed Control Contract Meeting Date: April 18, 1995 Page Two SUMMARY: (continued) September 30, 1995. The contract allows the City Council to extend the contract on an annual basis, if an extension is deemed to be in the best interest of the City. After two years of servicing this contract, Landscape West, Inc. has proven that they can satisfactorily perform the specifications of the contract. Landscape West, Inc. has agreed to forgo a C. P.I. increase to extend the contract for the 1995/96 fiscal year. Staff believes that the contract of $54,742 is a very competitive price. The next lowest bid received in the bidding process was $67,940.01, which was 24% higher. In order for the contract to run concurrently with the fiscal year, the extension will be effective on July 1, 1995 and will continue until June 30, 1996. 0,1/10/1995 10:53 714991379E LANDSCAPE WEST PAGE 61 •- •• .- :" 11U11 V,7, -,JZ? 1--111 Ur a IHMIINO MR? TEL W,71A.A 11 117 lico ow MV406 E..jpgwn Mayo► Gory K Wwn•r Maya Pro Telt► Ow R. Mwd Coundt Member Clair W. Harmony COUACH Mern6N Gary C. Mill" Courwi Membw April 10,19" City of Diamond Bar 21"M 1. cuter MM, WMe too • viwMww w, CA 917"4177 UM KOdK, Pftddettt 1=410" Wise. ima. 1705 L Chn" Way AMbAM, CA OM -(909) 86&2499 • Fu (9") 9613117 IM W CONTRd AMWAU[ AND PARKWAY MAWMAM CONTRACT Darr Mt. KOQbr: Per Mr regentOn aetadioa. the Cite of Dlamoad Hofs 13 In"MOM In eetemdin: lbaCoMoV3Wwnl t fled Mwlt MwM wqb Len&O" Wet. 10. � July 1. 1993 Atr 'a0. 1996. 'tbe own% will gi the e a dao 19094 ad 191MJ'➢i6 ilj" Yes• 04.'42• Up= eppmwl of M oo *wt =wgm by du DWnond 1W CIV C6141. s 1uWWI older 1n the anoM loot tD awed Ss4.742 will bs pro cuM Od totvvicded eo yasu. MUMMY, Oommusky 8 O fig M DepertielMlt By Apft bO w, tM Paasu^tt aaalgw to dw above brma City of Diamond Bu tAndmp9 We* Inc. y /�-�'��---- M F�t L/411/01,r CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: September 9, 1993 11:00 a.m. PROJECT NO.: weed Abatement/Sidewalk and Parkway Maintenance BIDDERS NAME BID BOND BID AMOUNT n 7b 1-2 i �T (' / � +•c / � i l'►%iJ Ct�.ue /!moi /'' - _ 4 �_ s1�31, �J .moi Tl1S i '.-, 7%/.SCS-..-*.n. "- :' 41011�I (n A*O %c/ !: .�'1N%. /n •� t7 r-- r zae 1 I. )e i oo— I _ —f, '. YL � -7 t497 tnf) G 9 &T 60 aft 7y1.60 CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, SUrM 100 DIAMOND BAR, CA 91765 STSCIFICATIOU lm f� C0WrM//IDXnU MW PARMT l-- I ---B CB Nass of Bidder (Cotpany) Landscape west. Inc. By o.n r.n.an I Vice President (Name) (Title) Bidder's Address 1705 S. Claudine Way city Anaheim yip 92805 Telephone / (714)991-1705 Pax i (714)991-3796 Data September S. 1993 Ites Oeseriptioa/ fait Pries Asve1 JM* owes cans. trete 1. Tres Well Maintenance 1,436 each x 1.00 each x 12 W. S 17232.00 2. sidewalk Maintenance 39.1 tiles x 20.00 _.per ails : x 12 no.2 9144.00 3. Undeveloped Parkway 16.9 tiles x 100.00 ear ails x 12 ad.s 20_00 4. service Medians 10p440 1. f . * x • 02 eer 1. f. * x 12 no. ! M05-60 5. Cul-de-sacs 4 each x 75.00 pack x 12 so.! 3600.00 *Linear Feet ,;jUj.(#O S'.i2 689 60 Total Annual cost in rignresa Total Annual cost in Words: Fifty two thousand six hundrid eiahty nine dollars and 60/10C The A declares that he has read the teras and conditioN6-hw the goods and services listed herein and agrees to furnish to Us City of Diamond der said requirements in strict conformity to the specifications thereto. Company Landscape West, Inc. Address 1705 S. Claudiaa Way, Anaheim CA 92805 By/Title Fax 0 t (714)991-3796 tle) pIanfi 1 ci SCHEDULE OF PRICES FOR WEED ABATEMENT/SIDEWALK AND PARKWAY MAINTENANCE IN THE CITY OF DIAMOND BAR BID ALTERNATE 01 Item Na Description/ volts 1. Removal of weeds growing in the joint between street asphalt and cement along street gutters and along dividers in mapped areas. Unit Price (Once Per Mouth) Annual Cost SS miles x 3.00 per mile x 12 months S 1980.00 Award will be based on base bid, or on the base bid and the Bid Alternate, whichever is determined to be in the best interest of the city. 1 Jew 9-8-93 Signature of Contradw- Date Dan Jensen, Vice President Landscape West, Inc. BID ALTERNATE - BS -2 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 USS?, 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 Weed Control/ Sidewalk and Parkway Maintenance in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. ENZRAL SCOPE OF WORK: The work to be done under this Agreement shall include the furnishing of all labor, material and equipment necessary for the provision of maintenance services as set forth in the specifications for Wead Control/Sidewalk and Parkway Maintenance in the City of Diamond Bar. 2. INCORPORATED 00CU1r1r:1V'1'L! %.Vizrut.raza.ieu�a. 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. a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of contract. This agreement shall take effect and commence on October 1. 1993 for a period of twelve (12) months. b. The City 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 the 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 one (1) year extensions. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior.to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workersf compensation or to undertake self insurance in accordance wit the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000. each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary'insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by -receipt of a registered letter." 5) Otherwiss be in a form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor --is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than 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 pre- vailing rate of wages hereinbefore stipulated for any work done Under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded. an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to :sake contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions., The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wags 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 sub- contractor, under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or•property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation,' or activities of the Contractor, his agents, employees, subcontractors or invitees pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties.,.obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this Agreement set forth in Bid Sheet, one month in arrears, on the last day o; the month, or as soon thereafter as payment is approved by the City Council. Conract Price: S 54.742. In the event the City exercises its option to'extend the term of this Agreement as provided in paragraph 3.b., Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and 'annually thereafter ("the adjustment date") as follows: The compensation provided herein shell be adjusted to reflect the increase, if any, in the cost of living during the previous year. This will be accomplished by multiplying the current level of the contractor's compensation by the percentage of increase in the Consumer Price Index ("CPI") for the month immediately preceding the Adjustment Date (the "Index Month") over the CPI for the month one year prior to the Index Month. The "CPI" index that will be used for this calculation is identified as the Los Angeles -Anaheim -Riverside Metropolitan area Index as reported by the Bureau of Labor Statistics of the United states Department of Labor. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days priorto 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 No. 417109 September 14, 1993 Date APPROVED TO ORM: By: 1705 S. Claudina Way Anaheim, CA 92805 By:Zesyz � Title Barry L. Koniei, President Title CITY OF pIAMOND BAR./�FORNIA By: By Date Contractor's Business Phone: (714)991-1705 Emergency Phone at which Contractor May be reached at any time: _J714)991-1705 991-1705 c:iTr vi= DIAIVICRINU I3An AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: April 18, 1995 REPORT DATE: April 10, 1995 FROM: Bob Rose, Director of Community Services TITLE: Extension of contract for Maintenance of Eight (8) City Parks SUMMARY: At its meeting on June 15, 1993, the City Council awarded a contract to Accurate Landscape & Maintenance Corporation, in the amount of $102,600, for the maintenance of eight (8) City Parks in Diamond Bar. This contract was extended by the City Council on August 16,1994 in the same amount for the period of July 1, 1994 through June 30, 1995. The contract allows the City Council to (Continued on back) RECOMMENDATION: It is recommended that the City Council approve the extension of the contract with Accurate Landscape and Maintenance Corporation for the maintenance of eight (8) City parks in Diamond Bar for fiscal year 1995/96 in an amount not to exceed $102,600. LIST OF ATTACHMENTS: x Staff Report_ Public Hearing Notification . _ Resolution(s) 7X Bid Specifications (On File In City Clerk's Office) _ Ordinances(s) _X Other: Letter of Agreement Agreement(s) Bid Results 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 -X No Report discussed with the following affected departments: _ REVIEWED BY: Terre L. ger Frank Us er Bo6 Rose City Manage Assistant City Manager Community Services Director Ext. of Maint. Contract Meeting Date: April 18, 1995 Page Two SUMMARY: (continued) extend the contract on an annual basis, if an extension is deemed to be in the best interest of the City. Under terms of the contract, the contractor is normally entitled to a C.P.I. adjustment on the extension. Accurate Landscape and Maintenance Corporation has agreed to forgo this adjustment for the 1995/96 period of time, as it did in 1994/95. After two years of servicing this contract, Accurate Landscape and Maintenance Corporation has proven to be excellent at completing the detailed work that the specifications require under the terms of the contract. Staff believes that the annual cost of $102,600 for this service is very competitive. The bid by Accurate Landscape & Maintenance Corporation was $3,900 (3.8%) lower than the next lowest bid, which was $106,500. In addition to budget considerations, service to the community must also be considered. Past experience has shown that when a new contractor comes in to start servicing this contract, it takes approximately three to six months to get all the details worked out. Extending the contract will not only allow the City to continue its good service to the community, but it makes good economic sense as well. With the construction of Pantera Park expected to be completed by the Summer of 1996, staff believes that next Spring will be the appropriate time to next take the Parks Maintenance contract back out to bid. APR-10-'9j1'10N 09:57 ID:CITY OF DIAMOND BAR TEL N0:714-661-3117 Phylllt L Psoen Mayor Gary H, Werner Mayor Pro Tr,m Eisen it. Antral Council Welber Clair W. Harmony Council Membror Gary G. Hitler Council Member April 10, 1994 #t 157 City of Diamond Bar 216601. Copley Drive, Suite 100 • Dlismond On, CA 917654177 (909) 860.7469 - Fax (909) 861.3117 Thomas Olm, Pnddm Accurate LwWsmpe and Milntenmoe Corporation 1910 N. Gime Grange, CA 97665 Rpt CITY PARK$ MARGINANCE CONTRACT DW Mr. Olsten: Per our recant bt:lephone cenveradon, the City of Diamced gar Is interested in extending Hte City Puke Malneeraanoe Contract with Accurate Landscape and Mdaftnat a Corpomatiott ftttt July 1, 1996 thmush ltme :0, ;1996, The contract will remain rite wee amount a tlta' 1993/94 :and 1994/95 contract, $102,600. Upon approval of dds oontt'not extension by DlsmoW Bar City Council, a purchm order in the amount not to exceed S102,6M will be pfmmed and forwarded bo you. Sinoensly, Bob Rohr DiMW Community .SWIM Department $y stgnbg billow' the partln t<grea to the alm teraw. y � yor Date Praddemto City of Diamond Bar Aocurw dicape &Mont. Corp. Attests ry to rte !a Forel r -'WR LOd i i0 :IddO54Nd-] :]iV8nOOV 6S = 6 i OL -VO -S661 [ ( I 39Hd 03 mlad) I 39Hd 1.11£19 .1k) S66I 91 :bT 01/1,0 03A1333H I MOW 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 ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION 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 wore received, publicly opened and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor ACCURATE LANDSCAPE AND MAINTENANCE CORPORATION and; WHMMAS, City .has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment and material for Maintenance of eight f S 1 community Rarks in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: The work to be done under this Agreement shall include the furnishing of all labor, material and equipment necessary for the provision of the landscape and aQQurtanent maintenance services as set forth in the specifications for the maintanance of city narks in the City -of Diamond Bar. 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 doc=ents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agent, 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.,th6 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. 1 A:v • •� ::•1! a. The undersigned bidder agrees to execute the contract within ten (10) calendar .days from the date of notice of award of contract. This agreement shall take effect and commence on July 1. 1993 for a period of twelve (12) months. b. The City 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 the 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 one (1) year extensions. 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 followinq,policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accord- ance with the laws of too 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 commencinq, work, shall sign and file with the. City a certification as follows: "I an aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance wit the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." 2 b. For all operations of the Contractor or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each. accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Nano 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." 3 5) otherwise be in a form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor .in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall, at the time of the execution of the contract, present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. S. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than 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 pre- vailinq 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. 0 ;ICESHIP EMPLOYMENT: In accordance with the s Section 1777.5 of the Labor Code as amended %apt Statutes of 1939, and in accordance with the :qul&V Vt the California Apprenticeship Council, properly identur rentices may be employed in the prosecution of the Attention is directed to the provisions in Section 1777.5 �:he Labor Code concerning the employment of apprentices by the ;�itractor or any subcontractor under his. Section 1777.5, as amended, requires the Contractor or iocontractor employing tradesmen in any apprentieeable occupation .::i apply to the joint apprenticeship committee nearest the site of ...aa public works project and which administers the apprenticeship �,rogram in that trade for a certificate, of approval. ' The c:ertificate will also fix the ratio of apprentices to journeymen °:nat will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one a 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.ths request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employsed apprentices or journeymen in any apprenticeable trade ** - contracts and if other contractors on the public works sit making such contributions. 217 The Contractor and subcontractor under his shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 5 7. LEGA HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by .him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or account- able in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor, of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful mis- conduct of City, its employees, servants or independent contrac- tors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or.in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors or invitees pro- vided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sols negligence or willful misconduct of City, its employees, servants or independent contractors who are directly 'responsible to City, and in connection therewith: 6 a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The. Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations and liabilities arising out of or in connectidn with such work,. operations or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation or activities of the Contractor hereunder, the Contractor agrees to pay to City and any all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of -such actions or claims for damages as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provipions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: Except where additional compensation is specifically provided for in this Agreement, City will pay contractor for his services under this -Agreement set forth in Bid Sheet, one month in arrears, on the last day of the month, or as soon thereafter as payment is approved by the City Council. rn the event the City exercises its option to extend the term of this Agreement as provided in paragraph 3.b., Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: The compensation provided herein shall be adjusted to reflect the increase, if any, in the cost of livinq during the previous year. This will be accomplished by multiplying the current level of the contractor's compensation by the percentage of increase in the Consumer Price Index ("CPI") for the month immediately preceding the Adjustment Date (the "Index Month") over 7 the CPI for the month one year prior to the Inde) index that will be used for this calculation is Los Angeles -Anaheim -Riverside Metropolitan area by the Bureau of Labor Statistics of the United of Labor. If the Index is discontinued, the shall, at its discretion, substitute for the similar index as it may deem appropriate. Month. The "CPI" identified as the Index as reported States Department Director's office Index such other 12. ATTORNEYS FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of the Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 8 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. 1 -. Date APPROVED AS TO FORM: " J Date By: Title CITY By: By: Title Contractor's Business Phone: Emergency Phone at which Contractor May be reached at any time: E CITY OF DIAMOND BAR BID OPENING LOG SHEET BID OPENING DATE: ,J Q ) 9 3 PROJECT NO.: GuwdwcA 6Q^ �P BIDDERS NAME BID BOND BID AMOUNT Ibi -011_MO 0102,1.o00. 11 lob X500 .00 Ji Yln�i7c��� IAoY-�--\ek2+y(CLI 10 UITV nig` D7-kMAxTn a-kn AGENDA REPORT AGENDA NO. l' TO: Terrence L. Belanger, City Manager MEETING DATE: April 18, 1995 REPORT DATE: April 12, 1995 FROM: Bob Rose, Director of Community Services TITLE: Award of contract to the City of Brea to provide Recreation Services for City of Diamond Bar for 1995/96 Fiscal Year. SUMMARY: The City of Brea, as a contractor, has provided recreation services in the City of Diamond Bar for the past three years. The current contract expires on April 30, 1995. The attached contract proposal from the City of Brea provides for a 1,522 person increase in participation, including new rollerblade hockey and Summer Day Camp programs, a $131,169 increase in revenue, with only a $2,755 increase in net costs. All liability and staff training issues with regard to rollerblade hockey have been resolved to the satisfaction of the Joint Powers Insurance Authority (J.P.I.A.), the City Attorney and the Risk Manager. RECOMMENDATION: It is recommended that the City Council award a contract to the City of Brea to provide Recreation Services in Diamond Bar for the 1995/96 Fiscal Year, with projected expenditures of $440,613 and projected revenues of $345,740. LIST OF ATTACHMENTS: X Staff Report —Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) Ordinances(s) X Other: Copy of proposal from City of Brea X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: r" -Terrence L. Belanger City Manager X Yes _ No Majority Yes X No X Yes _ No Parks and Recreation Commission Yes X No Assistant City Manager Community Services Director CITY COUNCIL KEYDK`I- AGENDA NO. MEETING DATE: April 18, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract to City of Brea to Provide Recreation Services for City of Diamond Bar for 1995/96 Fiscal Year ISSUE STATEMENT: The City desires to continue providing quality recreation programming for the Diamond Bar community. A proposal from the City of Brea to provide recreation services for the 1995/96 Fiscal Year has been received, has been negotiated with Brea staff, and is prepared for City Council action. RECOMMENDATION: It is recommended that the City Council award a contract to the City of Brea to provide Recreation services in Diamond Bar for the 1995/96 Fiscal Year with projected expenditures of $440,613 and projected revenues of $345,740. FINANCIAL SUMMARY: Recreation Services are budgeted from the General Fund. Total cost of services is anticipated to be $440,613, which is $133,960 more than in 1994/95. Expected revenue of $345,740, which is $131,205 more than in 1994/95, will result in a net cost of $94,873, which is $2,755 more than in 1994/95. BACKGROUND: The City of Brea, as a contractor, has provided recreation services in the City of Diamond Bar for the past four years. The existing three year contract expires on April 30, 1995. Attached is a proposal from the City of Brea to provide Recreation Services for the City of Diamond Bar for the 1995/96 Fiscal Year. Features of the proposal include: 1. Increase in participation of 1,522 participants (from 7,580 participants to 9,102 participants) 2. Increase in revenue of $131,740 (from $214,535 to $345,740) 3. Addition of a Summer Day Camp Program 4. Addition of a Rollerblade Hockey Program DISCUSSION: Surveys conducted of the Diamond Bar community show a high level of satisfaction with the services provided in the recreation program. The proposal for the 1995/96 Fiscal Year intends to maintain the high level of service while adding programs requested by the community. The programs that are proposed to be added to the Recreation Services Contract include Rollerblade Hockey and Summer Day Camp. (continued page 2) City Council Report Recreation Contract Meeting Date: April 18 Page Two ROLLERBLADE HOCKEY - Rollerblade Hockey was added to the proposed contract at the direction of City Council to have a Rollerblade Hockey program in Diamond Bar by Summer, 1995, at the City Council meeting on February 7, 1995. It was discussed extensively at the City Council meeting on March 7, 1995, with issues of liability being the major concern. Discussions on how to reduce the City of Diamond Bar's liability for the Rollerblade Hockey Program were conducted with the Joint Powers Insurance Authority (J.P.I.A.), the City Attorney and the Risk Manager. All parties agree that liability needed to be transferred to a third party to protect the City of Diamond Bar. Included in the contract with the City of Brea is an indemnification clause that holds the City of Diamond Bar harmless with regard to acts and omissions committed by Brea staff in the performance of this contract. Also, the contract requires the City of Brea to carry liability insurance to the benefit of Diamond Bar in the amount of $1,000,000 for bodily injury or death, and $1,000,000 for property damage. Also included in the contract are funds for special training for Brea staff working the rollerblade hockey program and for hiring consultants to assist in properly conducting the program. Rules for the rollerblade hockey league have been established that do not allow checking (deliberate contact), requires extensive safety equipment for all participants during practice and games and requires each participant to have a parent signed, City Attorney -approved hold harmless agreement with the City of Diamond Bar in order to become a participant in the program. SUNIlOER DAYCAM P - The Summer Day Camp program has also been added to the contract. Day Camp will be conducted from the portable building at Sycamore Canyon Park during 10 weeks of the Summer. The Day Camp will be for children ages 6 to 12 years, includes crafts, nature study, bus excursions, hiking, games, reading, barbecues and many other activities, plus, culminates with an end -of - Summer talent show. All of the liability protection included in the Rollerblade Hockey program (hold harmless statement in contract, liability insurance, staff training and participant hold harmless forms) also apply to the Day Camp Program. Plus, the City of Brea has successfully operated a Summer Day Camp program in Brea for the past ten years. PREPARED BY: Bob Rose, Director Community Services Department CITY OF DIAMOND DAR AGENDA REPORT AGENDA NO. (,o I( TO: Terrence L. Belanger, City Manager REPORT DATE: April 12, 1995 MEETING DATE: April 18, A. 1995 Wentz, City Engineer FROM: George _ Yes X No TITLE: Award of Plan Checking Services for Vesting Tentative Tract 51169 Improvement Plans and Final Map. SUMMARY: On April 10, 1995 Unionwide submitted their Vesting Tract Map 51169 and all of the related improvement plans to the City for plan check. At this time, staff recommends that the plan checking services for Vesting Tract Map 51169 be awarded to Bryan A. Stirrat and Associates. RECOMMENDATION: That the City Council award the plan -checking servicesin tof Vesting Tentative Tract 51169 improvement plans and Final Map, he Country, to Bryan A. Stirrat and Associates, in an amount not -to -exceed $15,986.00. 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 ion file in City Clerk's Office) X Agreement(s) (On File in City Clerk's Office) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: I Has the resolution, ordinance or agreement been reviewed by the City No . reviewed by the City Attorney? a majority or 4/5 vote? X Yes _ Majority 2. 3. Does the report require Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No 5. Which Commission? Are other departments affected by the report? — Yes X No Report discussed with the following affected departments: N/A REVIEWED BY: Te rence Belanger Frank he o ge A. Wentz Ci y Man a Assistant City Manager ity Engineer CITY uvvirc=L szarORT AGENDA NO. MEETING DATE: April 18, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Plan Checking Services for Vesting Tract Map 51169 Improvement Plans and Final Map. ISSUE STATEMENT: To award plan checking services to Bryan A. Stirrat and Associates, for the plan checking of Vesting Tract Map 51169 improvement plans and final map, in the Country. RECOMMENDATION: That the City Council award the plan checking services of Vesting Tract Map 51169 improvement plans and final map, in the Country, to Bryan A. Stirrat and Associates, in an amount not -to -exceed $15,986.00. FINANCIAL SUMMARY: The plan checking services will be funded by the $21,208.00 plan check fees which the Developer "Unionwide" deposited with the City on April 7, 1995 for this project. The $15,986.00 is based on 75% of the $20,208.00 calculated fees and 83% of the $1,000 deposit charged to review the Hydrology report for the Tract. BACKGROUND/DISCUSSION: At the October 18, 1994 City Council meeting, the City.Council retained four qualified engineering firms to provide plan checking and public works inspection services on an as -needed and rotational basis for a period of two years. Each individual assignment under this contract is not to exceed $10,000.00. On April 10, "Unionwide" submitted their Final Tract Map 51169 and all of this Tract's related improvement plans (i.e. grading, storm drain, sewer and street plans for plan check by the City). The associated plan check fees for these plans were as follows and were paid by Unionwide on submittal: FINAL MAP $4,250.00 GRADING $3,920.00 STORM DRAIN $2,741.00 (Incl. $1000.00 deposit) SEWER $6,477.00 STREETS $3,820.00 Of the four qualified engineering firms (Bryan A. Stirrat and Associates, Charles Abbott and Associates, Hall and Foreman and RKA Civil Engineers), Bryan A. Stirrat and Associates is deemed to be the recipient of said service on a rotational basis. Page 2 TR. 51169 April 18, 1995 plan- The the The Final Map and all of the improveandt toamaintainothe integrity be concurrently p Services for the Final Map encompasses having an checked to avoid inconsistenciesTans for the project. Plan Checking royal of Engineer review the Final at will be constructedasaocondition of app proposed improvements between the street, storm drain and the Tract and ensuring computability sewer layout. PREPA"D BY: Aline X Garvey CITY 4or DIA? OMn LAIR AGENDA REPORT ,11 AGENDA NO. nil 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 RGULATING AUTOMOBILE FOR HIRE AND TAXICAB OPERATION SERVICES AND REPEALING CHAPTER 7.80 OF THE LOS ANGELES COUNTY CODE SUMMARY: On April 4, 1995, the City Council approved for first reading a Taxicab Regulation Ordinance. 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 Regulation 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 second reading, by title only, Ordinance No. 3 (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: None SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes — No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A — Yes — No 4. Has the report been reviewed by a Commission? — Yes No Which Commission? 5. Are other departments affected by the report? Yes — No Report discussed with the following affected departments: ENGINEERING REVI WED BY: Terrence L. Belanger City Manager Frank M. Usher I Assistant City Manager Kellee A. Fritzal Administrative Assistant ORDINANCE (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 THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Diamond Bar hereby repeals Title 7, Chapter 80 of the Los Angeles County Code regulating taxicab operations within the City of Diamond Bar. Section 2. Article 5, Chapter 128 of the Diamond Bar Municipal Code is hereby added to read as follows: 5.128.010 Definitions. 5.128.020 Permits and Licenses - Generally. 5.128.030 Licenses. 5.128.040 Driver's Permits. 5.128.050 Violations. 5.128.010 Definitions. For the purpose of this chapter, the following words and phrases shall have the following meanings, unless expressly defined otherwise in the particular section. If the definition of any term used in this chapter is not expressly defined, it shall have the same definition as, and if, defined in the Vehicle Code. A. "Automobile for hire" shall mean every motor -propelled vehicle, other than taxicabs, used for the transportation of passengers for hire from one location within the City to another location within the City or beyond, at rates per mile, per trip, per hour, per day, per week or per month. B. "Automobile for hire service" shall mean a business which provides automobiles for hire for transportation service to persons within the City. ' For statutory provisions regarding automobiles for hire and taxicab regulation see Vehicle Code § 16501; for provisions regarding carriers generally, = Civil Code 92085 gt sgc .; and Public Utilities Code § 200 gl =,.; for provisions regarding financial responsibilities, see Vehicle Code § 16500 d 5.eq. D. "Driver's permit" shall mean the identifying card issued by the City to each driver after investigation and upon the recommendation of the Sheriffs Department. The driver shall immediately surrender the driver's permit to the City upon termination of automobile for hire or taxicab services within the City. E. "License" shall mean a business license issued by the City Clerk authorizing the operation of automobile(s) for hire and taxicab(s) within the City. F. "Licensee" shall mean the individual or entity holding a valid license. G. "Street" shall mean and include the portion of any public street, road, highway, freeway, lane, alley, sidewalk, parkway or public place which now exists or which may hereafter exist within the City. H. "Taxicab" means a motor -propelled vehicle of a distinctive color regularly engaged in the business of carrying passengers for hire at rates fixed by a taximeter in accordance with the distance traveled, the time elapsed or both. I. "Taxicab Services" shall mean a business which provides taxicabs for transportation service to persons within the City. J. "Taximeter" shall mean and include a device that automatically calculates a predetermined rate or rates for the distance traveled, the time elapsed or waiting time, or both. 5.128.020 Permits and License - Generally. A. License. No person or entity may operate an automobile for hire or taxicab service within the City, where such service originates within the City, without obtaining and paying for an automobile for hire or taxicab license. All licenses issued pursuant to this chapter must be posted in a conspicuous place at the location from which the licensee conducts the automobile for hire or taxicab business operations. B. Driver's Permit. 1. No driver may operate an automobile for hire or taxicab into which passengers are accepted for transportation within the City without first obtaining, and paying all applicable fees for, a driver's permit. 2. No driver shall operate an automobile for hire within the City unless a driver owns, is employed by, or is associated with a licensee of an automobile for hire or taxicab. 2 C. Vehicle Permits. 1. Every automobile for hire or taxicab licensee is required to apply for and obtain from the City Clerk a vehicle permit and pay the required fees therefor for every automobile for hire or taxicab in its service into which passengers are accepted for transportation originating within the City. A Certificate of Insurance meeting the requirements of Section 5.129.030H shall be submitted by the licensee with the vehicle permit application. 2. Every automobile for hire or taxicab licensee is required to affix its vehicle permit on the rear windshield of the automobile for hire or taxicab so that it is clearly visible from outside the vehicle. If, because of the presence of other stickers required by law, the sticker cannot be placed on the rear windshield, the sticker shall be attached to the vehicle in a conspicuous location, as close as possible to the windshield and in a clearly visible from outside the vehicle. D. Driver's Permits, Vehicle Permits and Licenses - Duration. Driver's permits and licenses issued to automobiles for hire or taxicabs shall be valid for one year from the date of issuance, and all three may be on an annual basis by the City Clerk, unless either the license or driver's permit is revoked by the City Council. 5.128,030 Licenses. A. Application Information. Every application for an automobile for hire or taxicab license shall be signed by the applicant and shall contain the following information: 1. The legal name and actual street address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. Additionally, the names and addresses of all directors, any stockholder holding ten (10%) percent or more of the shares of the corporation, and the name and address of an officer who is duly authorized to accept service of legal process shall be included. A corporate applicant shall also provide a Certificate of Domestic Stock Ownership. If the applicant is a partnership, the names and addresses of each general partner shall be stated. If one (1) or more of the partners is a corporation, the provisions of this subsection pertaining to it corporate applicant shall apply. If the applicant is a cooperative, member stock -type operation, service organization, or association, the application shall include the names, addresses and business phone numbers of each of the officers, directors and each stockholder owning any portion of any stock of organization or association as well as the address to which notice, when required, is to be sent or mailed, and the of every Individual authorized to accept service of process on behalf of the applicant. 2. The street address from which the applicant conducts or will conduct the automobile for him or taxicab service business, as well as the location at which the vehicles will be garaged and where dispatch will be conducted. A person may not use a post office box, mailbox, message service, or other similar device as the actual street address of the business for purposes of this chapter. A post office box, mailbox, message service or other similar device can be used as the mailing address of the business for business purposes only. 3. If the automobile for hire or taxicab service is advertised to the public and operates under a name other than the name of the applicant, that name shall be included, The applicant shall give, all fictitious business names used in Los Angeles County In the last five (5) years. 4. A public convenience and necessity proposal which must contain the following information: a. Provisions demonstrating the need and necessity of an automobile for hire or taxicab service, including an estimate of the need for the automobile for hire or taxicab service in the City. This shall include, but not be limited to, any survey, study or other preparation of facts which demonstrates the need for a taxicab service in such operating area; b. The history of the organization, and the manner in which it is organized including, without limitation, the date of formation, the business commencement date(s) and all business locations in California during the last five (5) years; Section; taxicab services; c. Proof of insurance meeting the requirements of paragraph H of this d. Type of radio dispatch proposed; e. The color scheme, logo and insignia of the taxicabs used for f. Proof of participation in equal opportunity Employment; g. Proof of participation in a senior assistance program (such as coupon or voucher programs), the City's Dial -A -Cab program and any other City sponsored community service and/or transportation programs (such as programs designed to eliminate drunk driving), if the City so requires of the particular licensee; h. Evidence of the applicant's financial responsibility. Evidence shall include last year's Federal Income Tax Return and Schedule C (for sole proprietors), a certified financial statement (for corporations, partnerships or associations) where there is no tax return or where the tax return does not accurately depict the applicant's financial condition, and if securing financing for more vehicles, then the agreements entered into for car sales or leases; 4 i. The date, description and outcome of all enforcement actions (whether administrative or judicial) which any governmental or law enforcement entity in California has initiated or taken against the applicant in the last five (5) years; and J. The names and addresses of all automobiles for hire or taxicab businesses of any form in which the applicant owns, or has owned any beneficial interest in the last five (5) years. 5. The number of automobiles for hire or taxicabs proposed to be operated in the City, their make, model, year, and passenger capacity, suitability for transporting people with disabilities, license plate number, and the total number of taxicabs presently operated by the applicant. 6. An explanation of how the licensee will provide service to people with disabilities which make it difficult to use conventional taxicabs. 7. The name, address and phone number of the applicant's insurance company as well as the policy numbers and a description of of the kind and amount of liability, including common carrier, workers' compensation, automobile, or other insurance held by the applicant, as applicable. 8. Service standards the applicant will provide for the area in which he or she will operate, including but not limited to, the estimate of response time between placement of it telephone order and the arrival of the dispatched vehicle. 9. The names, addresses and telephone numbers of no less than two (2) individuals who may be contacted twenty-four (24) hours a day, seven (7) days a week by the City in case of an emergency. 10. Such further information pertinent to the operation of the proposed taxicab service, including but not limited to the business backgrounds of the officers and directors, the business' financial statements, and lease arrangements as either the City Clerk, the City Council,. or the Sheriff may require. 11 . Any other information that the City Clerk or the City Council deems necessary. B. Submission of Application. Upon receipt of an application for a license and the required fees therefor, staff shall review the application to determine that it is complete. An application which is not complete shall be returned to the applicant along with a list of the deficiencies. The application shall be deemed abandoned if, within ten (10) calendar days from first class mailing of any notice from the City, the application is not received by the City with all of its defects entirely corrected. Once an application is determined to be complete, it shall be filed and accepted for processing and review. C. Investigation. Once an application is filed, and the applicant pays the required fees therefor, the City Clerk shall initiate an investigation of facts for the application with the appropriate City and County agencies including but not limited to the County Sheriff s Department.. D. Review and Approval. 1. Responsibility. The City Council shall be responsible for hearing and determining applications for automobiles for hire and taxicab licenses. 2. Preconditions to Approval. Before any automobile for hire or taxicab license is approved pursuant to this chapter, the City Council shall ensure that the applicant has agreed to abide, by all of the conditions and restrictions contained in the license, or imposed pursuant to this chapter. E. Notice and Hearing 1. Notice. Upon receipt of a fully completed and executed application with all required supporting documentation, a notice of the prior to the hearing in the following manner: a. Notice of the hearing shall be posted at the three (3) legal posting places and shall include the time, place and date set for hearing as well as the name of the automobile for hire or taxicab applicant whose application is under consideration. b. Notice of the hearing shall be sent to the applicant by certified mail, return receipt requested. 2. Hearings. The City Council shall have the authority to hold all hearings otherwise required of it under this chapter. Such hearings shall be held as follows: a. Testimony. At the time get for hearing, or at the date to which the hearing may be continued, the City Council shall hear the applicant, who may present any facts to show why the license should be granted, and shall hear testimony from all other interested persons who attend the hearing to present reasons why the license should be granted or not. b. Writings. Any person interested, at any time after the filing of an application and before the close of the public hearing regarding such application, may file written letters of support or protest, for or against the granting of such application. The City Council, in considering the application, shall give consideration to all such documents go filed. on F. Grounds for Denial. The City Council shall not approve an application for an automobile for hire or taxicab license if any of the following findings are made: 1. The building, structure, premises or the equipment used to conduct the automobile for hire or taxicab service activity is located within the City and fails to comply with all applicable health, zoning, fire, building and safety laws of the State of California or of the City. 2. The applicant has made my false, misleading or fraudulent statement of material fact in the application for the license. 3. The business is prohibited by any local or state law, statute, rule or regulation, or prohibited in the particular location or zone by any law, statute, rule or regulation. 4. The applicant is found to have committed a crime involving moral turpitude which is substantially related to the business activity for which the license is being sought. 5. The applicant, his or her agent or employee, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager, has committed, assisted in, or incited the commission of, any act or act of omission which would be grounds for disciplinary action pursuant to this chapter if committed by a licensee. 6. The level of service proposed is inadequate to serve the public. 7. The granting of the license is not justified by public convenience and necessity. In making this determination, the City Council my take into account all facts which it deems pertinent and proper, which shall include, without Imitation, whether: a. The applicant has complied with all of the provisions of the City's Municipal Code; b. The applicant is financially responsible and under efficient management; c. The applicant is capable of providing safe and prompt taxicab service, twenty-four (24) hours daily; d. The proposed insignia and color scheme for the applicant's taxicabs do not conflict with any existing taxicab licensee operating within the City so as to deceive or tend to deceive the public. Upon such finding, the applicant amend such application to designate a different color scheme or insignia; e. The applicant has presented evidence sufficient to justify operation of a specified number of taxicabs in the City; f. The applicant has sufficient liability insurance coverage to operate a taxicab service; 8. The applicant has failed to procure, post or maintain in effect approved comprehensive automobile liability insurance as required by paragraph H, below. 9. The applicant has a poor safety record with respect to the operation of the automobile for hire or taxicab service within the City or other operating areas outside of the City. 10. The applicant has a record of complaints filed with the City or other agencies in connection with his or her operation of an automobile for hire or taxicab service. 11. The vehicles which the applicant proposes to use in connection with the automobile for hire taxicab service are in poor or inadequate operating condition. 12. The establishment of the automobile for hire or taxicab service will be detrimental to the public health, safety or welfare. 13. The applicant, or any of his or her employees or agents, has violated any rule or regulation adopted by any governmental entity with respect to the applicant's operation of an automobile for hire or taxicab service in other operating areas or within the City. G. Effect of Denial; Limitation on New Applications. If an applicant's license has been denied, the City Clerk shall not process a new application by that applicant for a twelve (12) month period after the denial unless the City Clerk determines that the reason for the denial has been cured and no longer exists. H. Licensee's Insurance. 1. The City Clerk shall not issue an automobile for hire or taxicab license until the City Council has approved the application for license and until the applicant has filed with the City Clerk proof of the automobile liability insurance required by this subsection for each automobile for hire or taxicab to be operated within the City. 2. Every licensee shall obtain and maintain in full force and effect separate commercial automobile liability insurance for each vehicle proposed to be operated in connection. with the automobile for hire or taxicab service meeting the following requirements: a. The policy insurer must be either a carrier licensed by the State of California to sell commercial automobile liability in the State of California and be a member of the California Insurance Guarantee Fund, or maintain an AM Best rating of "A" or better for nonadmitted carriers (with proof of licensing or rating to be provided by applicant). b. The policy shall be written with policy limits of (1) not less than one million ($1,000,000) dollars combined single limit per occurrence or (2) not less than one million ($1,000,000) dollars per person, one million ($1,000,000) dollars per accident, and one million ($1,000,000) dollars for property damage. c. The policy shall be primary and not contributing to any other insurance maintained by the City; d. The policy shall name the City, the City Council, its officers, agents, and employees as additional insureds; e. The policy shall provide the City Clark with thirty (30) days' prior notice of any cancellation or modification of the policy. 3. Indemnification. As a condition of the license, the licensee agrees to indemnify, defend, and save harmless the City, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with the licensee's activities, including any worker's compensation suits, liability or expense, arising from or connected with services performed by or on behalf of licensee by and person pursuant to this license. 4. Any licensee who fails to have in effect of who fails to maintain the required automobile insurance coverage and shall have the license under which the automobile for hire or taxicab is operating suspended for a period not to exceed fifteen (15) days pending revocation proceedings pursuant to paragraphs E and M of this Section. I. Conditions of Approval. 1. Right to Condition License. The City Council may condition any license at any time in order to ensure that the automobile for hire or taxicab operation will comport with the public health, safety, and welfare. Further, the City Council may condition such license where it finds that grounds for denial or revocation of the license exist or that the manner in which the business has been conducted or operated is detrimental to the public health, safety and welfare. The licensee shall sign an affidavit affirming his or her acceptance of the conditions. 2. Application to Change Conditions. The City Council may change, modify or eliminate any conditions previously placed on the license upon its own motion or upon written request of the license if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to change conditions shall be noticed and set for public hearing in a manner consistent with paragraph B of this Section. J. Transfers. No license issued under the chapter shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the consent of the City Council, and any sale, transfer, assignment, mort gage or otherwise conveying any such license without consent and approval of the City Council shall render the license automatically void. K. License Contents. 1. The City Clerk, in issuing a license under this chapter, shall specify the following information in every automobile for hire or taxicab license: a. The number of automobiles for hire or taxicabs the licensee is licensed to operate within the City; b. The rates which the automobile for hire or the taxicab licensee shall charge, c. If an automobile for hire or a taxicab's response time for service which the automobile for hire or taxicab licensee must meet under normal conditions; and d. Any other conditions imposed on the license by the City Council. 2. The licensee shall sign an affidavit regarding his or her acceptance of the conditions. L. Operating Requirements. 1. Rates. a. Establishment of Rates. The rate schedule for automobiles for hire and taxicab services shall be established by resolution of the City Council from time to time. b. Posting Requirements. Every taxicab operated pursuant to a license issued pursuant to this chapter shall display in full view of passengers in both the front seat and the rear seat, in letter and figures which are clearly legible and not less than one-quarter (1/4") inch high (1) a schedule of rates to be charged, and (2) a notice that a schedule of customary rates from the City major points of interest is available on request. The schedule shall have printed thereon the name of the taxicab licensee under which the taxicab is permitted to operate and the business address and telephone number where comments or complaints regarding the taxicab service may be directed. 10 2. Equipment Requirements. a. Automobiles for hire equipment. from the inside of the trunk; (1) A trunk device which will permit the opening of the trunk lid (2) A permanent fixture to display the taxicab driver's permit in prominent view of the passengers; (3) Prominent signs giving the name and telephone number of the taxicab licensee and the taxicab number on the sides of the taxicab. The taxicab number shall also be conspicuously displayed on the rear portion and inside the taxicab; (4) No fewer than four (4) working doors, except that handicapped accessible mini -van may be used; (5) A fire extinguisher; (6) Four (4) flares; (7) At least two (2) emergency reflectors; (8) Spare tire and jack; (9) Windows which patrons can open from inside and; (10) Working headlights, taillights, turn -signals, back-up lights, and brake lights, including the "cyclops" or third brake light, if the car has been manufactured in 1988 or later. b. Taxicab Equipment. In addition to the equipment requirements of Subsection (a) above, every taxicab into which passengers are accepted for transportation within the City shall have the following equipment: (1) A taximeter, as defined in this chapter; (2) A radio transmitter and receiver capable to two (2) way communication with a dispatcher; (3) Legible signs posted inside and outside the taxicab to notify persons that the driver carries only five dollars ($5.00) in change on his or her person; 11 (4) Locked box for the safekeeping of payments for fares in excess of five dollars ($5.00.). 3. Prohibited Equipment. No automobile for hire or taxicab shall be equipped with scanners or other devices which can be used to intercept radio signals and dispatches sent to specific destinations. 4. Taximeters. Every taximeter shall be of such type and design as has been accepted by the California Department of Agriculture, and shall be maintained at all times in accordance with standards of accuracy established by the Department. Every taximeter shall be placed so that the reading dial showing the amount to be charged shall be well lighted and readily discernible at all times by passengers riding in the taxicab. The taxicab licensee shall have all taximeters tested by the County Department of Weights and Measures for accuracy in accordance with the procedure of the Department, and shall report the results in writing to the City Clerk within thirty (30) days after such testing. 5. Equipment Waiver Conditions. Notwithstanding the provisions of this chapter, the City Council, following application, notice and public hearing as provided for in this chapter, may waive any equipment requirement upon a showing of good cause by any applicant or licensee. Such waiver shall be specified on the licensees license and any applicable vehicle permit. 6. Vehicle Inspection. Every automobile for hire or taxicab licensee shall perform a yearly inspection of all vehicles operating within the, City as part of his or her automobile for hire or taxicab service. Such inspection shall be made by a certified automotive repair dealer. Each automobile for hire or taxicab licensee shall provide the City with written confirmation, signed by that repair dealer, that the vehicles have been inspected and am in good working order within ten (10) days of the Inspection. Automobiles for hire or taxicabs which have been inspected pursuant to the requirements of the City or County of Log Angeles taxicab regulations may submit proof of such inspections in lieu of the inspection required herein. 7. Information to City Clerk, the City Clerk's designee or the Sheriff. Upon request, every automobile for hire or taxicab service licensed under this chapter shall inform the City Clerk, the City Clerk's designee or the Sheriff or any duly authorized peace officer of the names, addresses, and the sources of all drivers' permits or vehicle licenses, of all taxicab drivers which such taxicab licensee employs, names or is otherwise connected, The automobile for hire or taxicab licensee shall also keep records of all service provided to residents within the City. This information shall, upon request, be available for inspection by the City Clerk, the City Clerk's designee or the Sheriff for a period of at least six (6) months. 8. Taxicab Drivers - License Preconditions. A taxicab licensee shall not permit any person to operate a taxicab authorized under his or her taxicab license unless such person has in his or her possession a valid driver's license issued by the State of California Department of 12 Motor Vehicles and a current taxicab driver's permit in accordance with the provisions of this chapter. M. Revocation. 1. Modification, Suspension or Revocation. Any license issued by the City may be conditioned, modified, suspended or revoked for cause by the City Council pursuant to paragraphs of I and N of this Section. 2. Revocation - Notice to Licensee or Permittee. If the City Clerk determines that a hearing to condition, modify, suspend or revoke a license is warranted, notice of the hearing shall be given in a manner consistent with paragraph E of this Section. 3. Procedure of Revocation Hearing. a. Right to Witnesses. The licensee or legal representative of licensee shall have the right to bring witnesses to testify on his or her behalf. b. Rules of Evidence. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation. c. Decision. The City Council shall issue its decision by written decision. The decision shall contain a determination of the issues presented. Alternatively, the decision is effective (i) immediately if the licensee or his or her designated representative is present when the decision is rendered; (ii) immediately from personal service of a notice of a decision upon the licensee or his or her representative; (iii) five (5) days from the first class mailing of a notice to the licensee at his or her designated place of business. It is unlawful for any person to operate an automobile for hire or taxicab service with a revoked or suspended license or in violation of any condition. It is the duty of the licensee to advise each driver of any City Council decision in writing within seventy-two (72) hours of its effective date. Records of the licensee - driver notices shall be maintained and available for inspection for six (6) preceding months. The licensee shall be further required not to allow any driver to operate a cab in violation of any condition. or at all where the license has been revoked or suspended. 4. Effect of Revocation. a. No application or license fee refunds shall be issued to any licensee upon revocation of a business license. 13 b. Upon revocation of any license for cause under this chapter, no license to operate the same business activity shall be granted to the licensee within one (1) year after such revocation, c. Upon revocation or suspension of license, the licensee shall cease operation of the automobile for hire or taxicab service in the City. Except as otherwise provided, in the event that the license is suspended, the licensee may resume operation once the suspension period has expired. N. Grounds for Revocation. After public hearing, the City Council may condition, modify, suspend or revoke a license if the City Council finds that any of the following conditions exists: 1. That the building, structure, or equipment used in the conduct of the business does not comply with or fails to meet any health, zoning, fire, and building and safety laws of the State of California or the ordinances of the City: 2. That the licensees, employees, agents or manager have violated any federal or state statute or any ordinance of the City's Municipal Code resulting from any act performed in the exercise of any rights permitted by the issuance of the license which is being considered for revocation; 3. That the licensee has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the automobile for hire or taxicab business activity whose license is being considered for revocation. 4. That the licensee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record to be filed with the City Clerk or the City Council. 5. That the licensee, licensee's employee, agents or manager have violated any provision of Federal or State law or any provision of the City's Municipal Code or of any other statute, rule, regulation or condition relating to the licensed activity; 6. That the level of service provided by the licensee is inadequate to serve the City; 7. That the license is not justified by public convenience and necessity; 8. That the color scheme or insignia used by the licensee is so similar to that of another taxicab licensee that its use will tend to deceive or confuse the public; 14 9. That the licensee has failed to satisfy all conditions of the City's "Dial -A- Cab" program or any other City sponsored transportation program, if applicable to the particular licensee; 10. That the licensee has a poor safety record with respect to the operation of his or her automobile for hire or taxicab service in the City or in other areas in which it operates an automobile for hire or taxicab; 11. The licensee has a record of complaints filed against it with the City or with other agencies in connection with his or her operation of an automobile for hire or a taxicab service; 12. The vehicles which the licensee uses in connection with the automobile for hire or taxicab service are in poor or inadequate operating condition; or 13. That the licensee has conducted the automobile for hire or taxicab service in a manner contrary to the public peace, health, safety and general welfare of the public. 0. Emergency Temporary Suspension of Automobile for Hire or Taxicab License. Where the conduct or activity of the licensee creates an imminent peril to the public health, safety or welfare, the license may be summarily suspended by the City Clerk upon written notice to the permittee stating the basis for the suspension. Alternatively, the notice may be considered having been given in a manner consistent with Section 5.128.03OM(3)(c) of this chapter, except that 5.128.03OM(3)(c)(iii) shall not be included. Any temporary emergency suspension pursuant to this paragraph shall not exceed fifteen (15) days pending a hearing in a manner consistent with Sections 5.128.030E and 5.128.030M of this chapter. 5128 040 Driver's Permits. A. Application Information. Every application for a driver's permit shall be signed by the. applicant and shall contain the following information: 1. A photograph and the fingerprints of the applicant; 2. Proof of current valid California drivers license; 3. Proof that the applicant is at least eighteen (18) years of age; 4. Written documentation from a licensed automobile for hire or taxicab licensee that the applicant will be hire or is employed as a driver upon issuance of a driver's permit. 15 B. Submission of Application. Upon receipt of an application for a driver's permit and the required fees therefor, City staff shall review the application to determine that it is complete. An application which is not complete shall be returned to the applicant along with a list of the deficiencies. The application shall be deemed abandoned if, within ten (10) calendar days from the first class mailing of any notice from the City, the application is not received by the City with all of its defects entirely corrected. Once an application is determined to be complete, it shall be filed and accepted for processing and review. C. Review and Investigation. Once an application for a driver's permit is filed, the City Clerk shall initiate an investigation of facts for each application with the appropriate City or County agencies including, but not limited to, the County Sheriffs Department. D. Grounds for Denial. The City Clerk shall not grant a driver's permit if he or she finds that: 1 The applicant has been convicted of a felony or a misdemeanor involving moral turpitude, and has not subsequently demonstrated rehabilitative characteristics; 2. The applicant has made a material misrepresentation of fact in the application for permit; 3. The applicant has been convicted for reckless driving or driving under influence of intoxicating liquors or narcotics or other illegal drugs within the preceding five (5) year; or 4. The applicant possesses physical deficiencies which would cause, operation of an automobile for hire or taxicab to be a risk to persons or property E. Effect of Denial. 1. Limitation on New Applications. A denial of a driver's permit shall be subject to the same limitations se forth in Section 5.128.03OG of this chapter. 2. Appealability. The City Clerk's decision denying a driver's permit may be appealed to the City Council. F. Prohibition on Transfers. Driver's permits are personal in nature and may not be transferred, sold, assigned, mortgaged or otherwise conveyed, and any transfer, sale, assignment, mortgage or otherwise conveying any driver's permit shall render the driver's permit automatically void. G. Conditions of Approval. The City Clerk may condition the driver's permit to ensure that the permit shall comport with the public health, safety and welfare, 16 H. Permit Issuance. 1. Upon approval of an application, the City Clerk shall issue a driver's permit to the applicant. 2. Every driver, while in charge of, or driving an automobile for hire or taxicab, shall have in his or her possession a valid and current driver's permit issued by the City Clerk and a valid driver's license issued by the California Department of Motor Vehicles. The driver shall post the driver's permit in a permanent fixture in prominent view of passengers in the automobile for hire or taxicab. I. Revocation. A driver's permit may be revoked, modified, conditioned or suspended for cause by the City Council. Prior to such revocation, modification, conditioning or suspension, the permittee shall be notified in writing of the grounds for such action. The matter shall proceed to hearing in a manner consistent with Section 5.128.030E and 5.128.030M of this chapter upon ten (10) days notice to the permittee. J. Grounds for Revocation. The City Council may revoke, suspend or condition a driver's permit for any of the following reasons: 1. The City Council finds that any grounds for denial of the permit exist; 2. The permittee has been found to have committed a crime of moral turpitude which bears a substantial relationship to the conduct of the activity whose permit is being considered for revocation; 3. The permittee has made any false, misleading or fraudulent statement of material fact in the application for a permit, or any report or record to be filed with the City Clerk or the City Council. 4. The permittee has violated any provision of Federal or State law or any provision of the City's Municipal Code or of any other statute, rule, regulation or condition relating to the permitted activity. 5. The permittee has been convicted of a felony, reckless driving, pandering, the use, sale, possession, or transportation of narcotics or illicit intoxicating liquors, or for assault or battery, or for driving under the influence of alcohol or narcotics; 6. The permittee has been convicted of, or pled guilty or no contest to, two (2) or more moving violations within the preceding twelve (12) month period; 17 7. The permittee has a record of service complaints, including but not limited to, an inability to locate destinations, overcharging for trips, speeding, unsafe driving, rudeness, or late arrivals for pick-ups; 8. The permittee's operation of an automobile for hire or taxicab is detrimental to the public health, safety and welfare; K. Emergency Temporary Suspension of Driver's Permit. Where the conduct or activity of the permitted creates an imminent peril to the public health, safety, or welfare the permit may be summarily suspended by the City Clerk upon written notice to the permittee stating the basis for the suspension. Alternatively, the notice may be considered having been given in a manner consistent with Section 5.128.03OM(3)(c) of this chapter, except that 5.128.03OM(3)(iii) shall not be included. Any temporary emergency suspension pursuant to this paragraph shall not exceed fifteen (15) days pending a hearing in a manner consistent with Sections 5.128.030E and 5.128.030M of this chapter. L. Taxicab Driver Operation Requirements. 1. A taxicab driver shall keep the radio tuned to the correct frequency for the area in which the taxicab is operating so that it shall be audible to the driver at all times the taxicab is available for service. 2. A taxicab driver shall not solicit a customer's patronage on any public street in a loud or annoying manner. 3. A taxicab driver shall not inquire of trip destination until a passenger is seated in the taxicab. A taxicab driver shall comply with the instruction of a passenger regarding destination and shall not attempt in any way to influence destination. 4. A taxicab driver shall use the most direct available route on all trips unless otherwise specifically requested by the passenger. 5. A taxicab driver shall not solicit, receive, demand or arrange for any compensation in an amount greater or less than the schedule of rates set by the City Council. 6. A taxicab driver make an accurate, legible record of all trips and all service calls, including time and location of pick up, directed to him or her by dispatching personnel. If transportation service is actually rendered to the patron, the record shall also indicate the time and location were the patron was dropped off. Such records shall be available for inspection by the City Clerk and Sheriff for at least six (6) months. 7. A taxicab driver shall not refuse to transport any passenger requiring transportation except: 18 a. When the driver has already been dispatched on another call; b. When the passenger appears to be a disorderly person; c. When the passenger requires use of a stretcher; d. When the passenger can, upon request show no ability to pay fare. 8. A taxicab driver shall not accept any passenger while in route to fill an order, nor accept any additional passengers while the taxicab is engaged unless so directed by an occupant of the taxicab. 9. Taxicab drivers shall not use foul or abusive language toward passengers. 10. Every taxicab driver shall issue a receipt for the taxi fare when requested by the passenger. 11. Taxicab drivers shall comply with all of the provisions of the City's Municipal Code. 12. The driver of a taxicab while engaged in carrying any passenger shall cause the meter to display the HIRED position so as to denote that such vehicle is employed; and shall not cause the taximeter to be in a recording position which such vehicle is not actually employed, or fail to place the taximeter in a nonrecording position at the termination of each and every service. 13. Fares shall not exceed the amount shown on the taxicab meter, plus any lawful surcharges. Fares shall not be calculated based upon the number of persons transported in the vehicle. No rate other than that approved by the City Council shall be charged, demanded, or collected for taxicab service originating in the City, regardless of whether the destination of such service is within or beyond the corporate boundaries of the City. 14. Every taxicab operating in the City shall comply with all provisions of the City's Taxi Coupon Program and/or the City's Dial -A -Cab program as adopted by the City Council, and shall accept the full face amount of all City -issued taxi coupons, if applicable to the particular taxicab licensee. 15. Every taxicab operating in the City shall cooperate with the Sheriff s Department and City staff during enforcement operations. 19 5.128.050 Violations, A. Generally. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. B. Violation - Penalty. Violation of this ordinance is punishable by a fine not to exceed one thousand dollars ($1000.00) or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Where the conduct subject to the violation is of a continuing nature, each day that the conduct continues constitutes a separate and distinct violation. C. Rules and Regulations Promulgated by the City Clerk. The City Clark shall have the power and authority to promulgate rules and regulations for the implementation and enforcement of the provisions of this chapter, and when duly promulgated, such regulations shall be in full force and effect. Violations of such regulations shall constitute a violation of this Code and shall be punishable in the same manner and to the same extent as other violations of this Code." Section 4. The City Clerk shall certify to the adoption of this ordinance and hall cause the same to be published as required by law. ADOPTED AND APPROVED this day of , 1995. Mayor KII I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meaning of the City Council of the City of Diamond Bar held on the day of , 1995 and was finally passed at it regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar 21 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 72, TO: Terrence L. Belanger, City Manager MEETING DATE: April 18, 1995 REPORT DATE: April 13, 1995 FROM: Troy L. Butzlaff, Assistant to the City Manager TITLE: 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 SIX (6) MONTHS. SUMMARY: The City's cable television franchise with Jones Intercable will expire on May 23, 1995. On April 4, 1995, the City Council received a comprehensive report on the cable franchise that included the statutory requirements for franchise renewal, as well as information on the typical renewal process. After some discussion, the City Council approved, for first reading by title only, Ordinance 4 (1995) extending the existing franchise term for a period not -to -exceed six (6) months. RECOMMENDATION: It is recommended that the City Council approve, for second reading and adoption, by title only, Ordinance No.04 (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 Six (6) Months. " 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 No Which Commission? 5. Are other departments affected by the report? X Yes —No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger Fr . Usher Troy utzlaff City Manager Assistant City Manager Assistan o the City Manager ORDINANCE 04 (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 SIX (6) 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, 1995, 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 3 4 11 I kir i ifiLm"INU DATE. AGENDA REPORT AGENDA NO. TO: Mayor and City Council MEETING DATE: April 18, 1995 REPORT DATE: April 11, 1995 FROM: Terrence L. Belanger, City Manager ISSUE: Local Government Education. DISCUSSION: The League of California Cities, through the Institute for Local Self -Government and the Citizenship and Law Related Education Center, has developed a curriculum about local government in California for elementary, middle school, and high school students. Traditional civics classes are largely devoted to national government, with only cursory attention to state or local government. We believe that those of us who are involved in local government in Diamond Bar have a responsibility to the youth of our community to inform them of the purpose and the process of local government in their lives. The curriculum develops student understanding and responsible participation in local government and community. The materials offer teachers and students the resources to develop the skills and knowledge needed to make reasoned judgments and become active, responsible citizens. DISCUSSION CONTINUED ON PAGE TWO RECOMMENDATION: $3,665.84 was returned to the City from the D -FY -IT, Drug FreeYouth In -Town Program. We respectfully recommend that these funds be reallocated to this program, and that $2,400 be transferred to Account No. 001-4095-2355, Contributions to Community Groups, from Account No. 001-4095-4260, Economic Development, to provide funds for local government training Institute attendance by six teachers, three from each District, serving Diamond Bar students. Applications for participation in this program are due to be submitted by May 15, 1995. SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: Terrence L. Belanger l/ Vrank M. Usher City Manager �/ Assistant City Manager _ Yes X No MAJORITY N/A _ Yes _ No _ Yes X No _ Yes X No DISCUSSION CONTINUED FROM PAGE ONE As part of this program, the Institute For Local Self -Government provides a Trainer of Trainers Institute for civics and government teachers at the Sacramento County Office of Education in August 1995. The cost of this Institute is $750 per teacher, plus transportation and modest expenses. We have discussed a partnership with the Walnut Valley Unified School District and the Pomona Unified School District in which the City would pay the cost of attendance of teachers serving Diamond Bar students from the elementary, middle school, and high school levels in each District. The respective Districts would pay the cost of materials acquisition, which will be approximately $200 per classroom. Local government and the community serve as a laboratory and essential training around for the practice of self - governance. These resources offer a unique opportunity to engage young people in civic education in a most meaningful way. 9. z. Interoffice M E M O R A N D U M To: Honorable Mayor and Members of the City Council From: Terrence L. er Belang , City Manager Troy L. Butzlaff, Assistant to the City Manager Re: Establishment of a Community Services Center Date: April 14, 1995 ISSUE STATEMENT: Should the City of Diamond Bar, in conjunction with the Los Angeles County Sheriffs Department, establish, as a pilot project, a Community Services Center at the County Hills Town Center? BACKGROUND: Several tenants at the County Hills Town Center have expressed concerns about an increase in criminal activity and juvenile delinquency occurring at the Center. According to the Los Angeles County Sheriffs Department there were 103 reported incidents of criminal activity in the general area surrounding the Center from September 1994 to February 1995. Approximately 29 of these incidents (28%) occurred directly at the Center. Besides the reported incidents of loitering, fighting, graffiti, and vandalism there has been acts of forgery, vandalism, robbery, assault and auto theft. In November 1994, representatives for the property owner contacted the Sheriffs Department with an offer to provide office space at the Center for the purpose of establishing a field office for patrol and other Sheriff personnel including the City's Senior Volunteer Patrol. The property owner felt that the creation of a field office, staffed by law enforcement personnel, would help deter criminal activities and improve the overall safety and security of the Center. Subsequent to that discussion, the Sheriffs Department arranged a meeting between City staff and the property management company to further discuss the proposal and to inspect several of the proposed sites. r11111WWt%F1 acirclUl vl L11V V1%i1JV0VU 311=5 FICYC UCC11 WIIIWICIMI 1IUI11 I.UIISIUCIdL1U11, LIIC property owner is now prepared to offer a 1,200 square foot suite located between Alpha Beta and the Thirty's Drug Store. DISCUSSION: The Sheriffs Department fully supports the creation of a Community Services Center at the Country Hills Town Center. The Sheriffs Department currently operates similar store front operations in Rowland Heights, as well as in the cities of San Dimas and Walnut. According to the Sheriffs Department, community centers like the one being proposed have been extremely useful in revitalizing shopping centers plagued by crime by creating an enhanced sense of security. In addition, these centers have been successful in restoring community confidence in law enforcement services. Overall, these centers have been warmly received by residents and are viewed as a valuable community resource. It light of the positive aspects of such a center, it is proposed that the City Council approve the establishment of a Community Services Center at the Country Hills Town Center as a pilot project. The term of this project would be for a period of one (1) year. At the end of this one year period, staff will evaluate the overall success of the center and provide a written report to the City Council. If approved, the Community Services Center would serve as a field office for patrol deputies who need a desk to complete a report or make a telephone call. In addition, it is proposed that the center be staffed by the City's Senior Volunteer Patrol. When not on patrol, Senior Volunteer Patrol members could be available at the Center to answer citizen inquires, accept vacation house check requests, coordinate business visits, and conduct training exercises. The Sheriffs Department could also use this center to provide a variety of activities designed to enhance community awareness about public safety issues. Periodic seminars (e.g., self-protection, neighborhood watch, drug and alcohol abuse, etc.) and special events (e.g., finger -printing, kid vids, etc.) could be held at the center. Finally, programs like SANE could be operated out of the center to help increase their exposure and accessibility to the community. Because the center will not be staffed on a full-time basis by Sheriffs personnel, the City could also use the center for a variety of activities including recreation registration, community meetings, and office space for field personnel. The property owner is offering a two year lease at $10.00 a year. The City will be responsible for paying utilities (i.e., electricity and telephone) and for providing insurance coverage for the unit. It has been determined that the City's existing insurance policy through the Southern California Joint Powers Insurance Authority will provide sufficient coverage. It is estimated that utilities will cost approximately $200.00 per month. Although the suite is fully carpeted and freshly painted, certain tenants improvements are recommended. These improvements include installation of an alarm system, purchase of signage to identify the center, and construction of a counterVeception area. The total cost to operate the center through the end of the N r -P-1 Jr—) 1•.�L.s �. ..� 1—ww —90TO, UU1111V7 Qua 0117 LGIIQIIL IIIIF/IUV45,111C51110, 01V V0111110LG0 to range between $3,000.00 to $5,000.00. RECOMMENDATION: It is recommended that the City Council: (1) approve the establishment of a Community Services Center at the Country Hills Town Center as a pilot project for a one year period; and (2) authorize the City Manager to execute on the City's behalf a Shopping Center Lease with Landsing Pacific Fund, Incorporated in an amount not -to -exceed $10.00 per annum. TLB: Califopnia Fedevation of Wcmn'i CIA3 l CP Federation of Women's Clubs, Int' I a . Member. General Federo ' o CITY OF DIAMOND BAR OFFICE OF THE MAYOR PROCLAMATION WHEREAS, the GFWC DTAMOND BAR Woman's Club is a member of the CALIFORNIA FEDERATION OF WOMEN'S CLUBS and the GENERAL FEDERATION OF WOMEN'S CLUBS, the world's largest organization of volunteer women; and WHEREAS, the GFWC Diamond Bar Women's club is a volunteer service organization which has been actively serving this community for 32 years; and WHEREAS, the GFWC Diamond BaWomen's Club is one of nearly 8,000 e -1t2 in the GENERAL FEDERATION OF WOMEN'S CLUBS which promotes community service; and WHEREAS, the object of the GFWC Diamond Bar Women's club is to train women to be leaders and to encourage a sense of service in women; and WHEREAS, the GENERAL FEDERATION OF WOMEN'S CLUBS has developed many leaders and volunteers in our communities throughout the State of California; and WHEREAS, the GENERAL FEDERATION OF WOMEN'S CLUBS has planned a "GFWC- GENERAL FEDERATION OF WOMEN'S CLUB WEEK" April 23-29,1995 to call attention to the accomplishments of all Federated Women's Clubs; and NOW, THEREFORE, I Phyiiis PapenMayor of the city of Diamond Bar do.hereby proclaim April 23-29, 1995 as the GENERAL FEDERATION OF WOMEN'S CLUB week and recognize the contributions to our city by the volunteer members of the GFWC Diamond Bar Women's Club. DATED this )Ptt T01 64 &t/, ,�. � , day of Mayor 1995. 1> '95 1a:"" -E QQDO DIAMOND BAR C C e LL BUSINE ANGELES C 330 N. �,t �� ��^ � � Post-ICb�e 7671 . pats /, From �,,VI,ti�5 co. �� rhono a►IDALE.CALII:';i F1x11 ,11�TP August 25, 1994 pe C} Dear Friends of Small Business: Each year the President of the United States designates a week in May as Small Busineas Wc@k. in 1995, s all nusinethemewilleb w "5ma11 held from April 30 through May 6. Business: Building America's Future". A prestigious annual Smalwill be l Businessresented tWeek luncheon ceremony. To a Small Business Person he the Year at ourSmall Business Wsek on May 5, 1995 at ceremony will be held during also the Sheraton to SYe, Hotel Bueinessin wAdvoeates of he year ntown Los Angeles. Awards six laward be presented nclosure)• categories along with three Special Awards (reference e Your help in identifying candidates for these awards will be businessmen and appreciated. If you know of any outstanding efforts to smallwomen, or indivirhsts afasmallrbusinessve ninitheseon rawardreategories, promote the inte participate. We extend this invitation to please encourage them to you also. If you have any questions regarding' selection criteria or procedures contact jtill be happy to Public work with Information officer, at (SI8) 552-3203. He Please bear inpmind that deadline ice .is November 4 s for nomination submissions to our District o Thank you very much for your cooperation and interest in the cause of small business. Sincerelyr Pr i� Alberto Alvarado SBA District Director 0 CARL WARREN 8t CO. Insurance Adjusters Claims Management and Administration 750 The City Drive SWIC'400 Orangc, CA 92668 Mail. P_O- Bux 25180 Santa Ana, CA 92799-5180 (714)740-7999 (800)572-6900 FAX. (714)740-7992 TO: City of Diamond Bar 95 ATTENTION: Tommye A• Cribbins, Deputy City Clerk RE: Claim Lanier V. Diamond Bar Claimant Jon Lanier D/Event 03/07/95 Recd Y/Off ice 03/28/95 Our File S 82254 ABK March 30, 1995 We have reviewed the above captioned claim and request that you take the action indicated below: ��� gid a standard rejection letter to the alaisast• (`TIN TN UFFICIENGY: In accordance iincmust be ma iled to the claimant no later than * OF a notice of insufficiency *, 1no THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20"DAYS OF RECEIPT See THE ORIGINAL CLAIM IN YOUR OFFICE• DQ yr Government Code Sections 910 and/or 910.2 and/or 910.4. • Send a standard rejection letter to the [ l claimant, rejecting this additional/amended claim. TATE CL_aTM RESPONSE Return the original claim material recourse is claimant, advising that the claim is late and that their only Main to file a written "Apglicat1dA'- for. Leave to Present w, ILat* WITSi dg DAYS ur file . THIN � �M . To THE CIAI hn g,�� Oii r. copies im Yo OF RECL�lM'P *F THE CLAx lit, Yaw a Yer�- See Goverment Code Section 911.4 it�.TFeTION: Reject claimant's "Application for Leave to �ppLTCATION - Present a Late Claim. See Government Code Section 911.8. TT�xE NO A IO Defer any written response to the claimant pending [ I our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions please -contact the undersigned. Very ly yours, CARL AN ight Kun cc: SCJPIA w/enc. TO PERSON OR PROPERTY INSTRUCTIONS 1 latermthanfor 6 death, mos.lafter the to occurrenceon or • (Gov. Codonal e Sec.911.2) ust be filed not 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place f accident. 5. This claun form must be signed on pag 7. Claim mus6. Attach t fwith City arateshe if scary, t (Give fulledetails. Sec. EACH SHEET. To: The City of Diamond Bar Name of Claimant City and State Home Address of Claimant 1 '—� � �.S (2O C.L � (� C_� � � CN Oity and Sta e� � Business Address of Claimant Give address to which you desire notices or communications to be sent regarding this claim: 55 MP.R 28 Pig i2: 59 Age of Claimant (if natural person) Home Telephone Number -7 0a 7 - Business Telephone Number How did DAMAGE or INJURY occur? Give full particulars. Tv2w to cl V FF ' 7-F+E ©F F7ZArn"a C jF ©N -t c- t i?—Pr N <4oH i4'`�, z c v s o 2�m� ,L -f- w -T-4r2�- T W nen did DAMAGE or INJURY occur? Give full particulars, date, time of day: (v1q�' j>-Evk --7, 1 q q5 16C5'5 p"M Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give . street names and addresses and measurements from landmarks- (z andmarks: jZ0-v;2,25C Sti F - «'hat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or damage, if known: PQT- F+o: E What D NLkGE cr INJURIES do you claim resulted? Give full extent of injuries or damages claimed: bE:t'� T .z What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: Gig e ESTINIATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: nlC0tJ �Pr�f�IUC SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, ,a -nes of :...sc:ance C^r..pa .y: Expenditures made on account of accident or in„ury: (Date—Item) (Aniouat) Name and address of Witnesses, Doctors and Hospitals: REM) CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X” and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS t~nR OTHER ACCIDENTS CUR97-0--/ PARKWAY SIDEWALK , rl 7 Signature of Claimant or person filing on his behalf giving I Typed Name: I Date relationship to Claimant: 4C'ST BE FILED WITH CITY CLERK (GOV• CODE SEC. 915a)- 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 n_ ESTIMATE ONLY !! This is NOT an Invoice JOHNATHON LANIER 14755 ROLLING RIDGE CHINO HILLS CA 91709 QTY I MFR -PART NUMBER I TSW-EVO-520-6075 1 TO -195/50/16 -VR -505 1 WWL-MB SIGNATURE: ROAD DAMAGE COVERAGE DECLINED. APORTANT: CHECK LUG NUTS AFTER FIRST 25'MILES. USTOMERS ARE RESTRICTED FROM SERVICE AREA. )% CHARGE ON ANY ED GOODS. 20 ADDITIONRESTOCNING AL CHARGE ON RETURNED CHECKS. i 1 JJi 'o. �`I W�HEREEHOUSE "♦ �/LS . TI R E3 5 USPE NSIONS 125 W. LA PALMA AVENUE, ANAHEIM, 7792801 8 BA.R. #AE172598 INV.# CUST.# 0 94/CHEVY DATE 8168 S-10/GREY 03/08/95 NISNCLN/22880 INTEROT&A ICE Wed MIr UIST13 ILVER FINISH 249.00 NITTO NT -505 35K/RH 123.63* OUNT/BALANCE W/PURCHASE 9.50 NON TAXABLE DEPOSIT TAXABLE 9.50 0.00 372.6 LOCKS JPARTS Emm PAGEYEXRJQIRKE1 MODEL -COLOR MILES -LICENSE 19TH TOTAL 249. 00 123. 63 9.50 BLACK ALL SALES ARE WHITE FINAL INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: Terrence L. Belanger, City Manager 4 1Y SUBJECT: Legislative Advocacy Representation DATE: April l8, 1995 RECOOMENDATION: It is recommended that the City Council direct staff to notify Gonsalves and Son that the City shall be terminating legislative advocacy services, effective April 1, 1995. DISCUSSION: Late Friday afternoon, March 31, 1995, I received a phone call from Joe Gonsalves. Mr. Gonsalves called to inform the City of Diamond Bar that Gonsalves & Son would be representing the City of Industry, and apparently others of their municipal clients, in opposing Senate Bill 387(Mountjoy). As you know, SB 387 is legislation that would prevent the City of Industry from unilaterally locating its proposed materials recovery facility (MRF) in close proximity to neighboring residences in the cities of Diamond Bar and Walnut. Mr. Gonsalves was informed that the City was extremely disappointed in the change in advocacy posture on the part of his firm. When similar legislation was moving through the legislature last year, Gonsalves & Son chose to remain neutral as regards the "HvW" legislation. Mr. Gonsalves was informed that the City of Diamond Bar would most likely be severing its relationship as a result of their representation of Industry in this matter. Consequently, staff did not process the April, 1995 invoice of Gonsalves & Son. It is evident that the City Council wishes to officially terminate the agreement with Gonsalves &Son. In order to formalize such son. It is regrettable that he City findsent, it is suggested that staff be itself cted to communicate that fact to Gonsalvesan in the position of having to sever its relationship with Gonsalves & Son. They have been, and continue to be, highly respected and an effective advocacy firm in Sacramento. Nevertheless, the circumstances dictate the severing the City's relationship with the firm. nbw