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HomeMy WebLinkAbout09/05/1995AGENDA Tuesday, September 5, 1995 6:30 P.M. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Phyllis E. Papen Mayor Pro Tem Gary H. Werner Council Member Eileen R. Ansari Council Member Clair W, Harmony City Manager Terrence L. Belanger City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. r Please refrain from smoking, eating or drinking The City of Diamond Bar uses re cled 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 seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 am. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. Next Resolution No. 95-51 Next Ordinance No. 06(1995) 1. CALL TO ORDER: 6:30 P.M. September 5, 1995 PLEDGE OF ALLEGIANCE: Mayor Papen ROLL CALL: Council Members Ansari, Harmony, Mayor Pro Tem Werner, Mayor Papen 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: None 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 cxive it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 4. COUNCIL COMMENTS: Items raised by individual Councilmembers are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - September 11, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - September 14, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - September 19, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting of August 15, 1995 - Approve as submitted. Requested by: City Clerk SEPTEMBER 5, 1995 PAGE 2 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of June 12, 1995 - Receive & File. 6.2.2 Regular Meeting of June 26, 1995 - Receive & File. 6.2.3 Regular Meeting of July 24, 1995 - Receive & File. Requested by: Community Development Director 6.3 VOUCHER REGISTER - Approve Voucher Register dated September 5, 1995 in the amount of $968,199.07. Requested by: City Manager 6.4 NOTICE OF COMPLETION: 6.4.1 TRAFFIC SIGNALS INSTALLATION ON GOLDEN SPRINGS DRIVE AT GOLDEN PRADOS DRIVE, PROSPECTORS ROAD AND CARDIO DRIVE - On March 7, 1995, the City Council awarded a contract to Macadee Electrical Construction for traffic signals installation on Golden Springs Dr. at Golden Prados Dr., Prospectors Rd. and Carpio Dr. for a total amount of $217,910.00 with a contingency of $22,000. Installation was completed on July 28, 1995. Recommended Action: It is recommended that the City Council accept work performed by Macadee Electrical Construction and authorize the City Clerk to file the Notice of Completion and release any retention amounts. 6.4.2 CONSTRUCTION OF HANDICAP ACCESS RAMPS - On April 18, 1995, the City Council awarded a handicap access ramp construction contract to Keiter Construction Co. for a total amount of $55,200 with a contingency of $8,000. The completed work has been determined to be in accordance with the plans and specifications approved by the City. Recommended Action: It is recommended that the City Council accept the work performed by Keiter Construction Co. and authorize the City Clerk to file the Notice of Completion and release any retention amounts after 35 days of filing. Requested by: City Engineer SEPTEMBER 5, 1995 PAGE 3 6.5 RELEASE OF BONDS: 6.5.1 GRADING SURETY BOND POSTED FOR 22100 RIMFIRE LANE IN THE "COUNTRY" IN DIAMOND BAR - The Principal desires release of Surety Bond No. P2500422 posted for grading of Tract No. 30578 in the amount of $7,920. The City Engineer finds that the Principal has performed all work as shown on the approved "As -Built" grading plan. Recommended Action: It is recommended that the City Council declare the obligations under this bond null and void and release Surety Bond No. P2500422 in the amount of $7,920; and direct the City Clerk to notify the principals. 6.5.2 GRADING SURETY BOND POSTED FOR 300-366 TORITO LANE IN TRACT 50519 - The Principal, desires release of Surety Bond No. 3SM79973900 posted in the amount of $62,280. The City Engineer finds that all work has been performed as shown on the approved "As -Built" grading plan. Recommended Action: It is recommended that the City Council declare the obligations under this bond null and void and release Surety Bond No. 3SM79973900 in the amount of $62,280; and direct the City Clerk to notify the principals. Requested by: City Engineer 6.6 (A) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER PURPOSES ON LOT 41 OF TRACT NO. 47851 IN THE CITY OF DIAMOND BAR (B) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA VACATING A SANITARY SEWER EASEMENT ON LOT 21 AND LOT 40 OF TRACT NO. 47851 IN THE CITY OF DIAMOND BAR - This is a request for Council's consideration of a grant of a sanitary sewer easement on Lot 41, Tract No. 47851 as a relocation of the sewer easements that were dedicated on Lots 21 and 40 of Tract No. 47851. It is also requested that the Council consider a request to vacate (summarily) the sewer easements on Lots 21 and 40. Recommended Action: It is requested that the City Council adopt Resolution No. 95 -XX accepting a grant of easement for Sanitary Sewer Purposes on Lot 41 of Tract SEPTEMBER 5, 1995 PAGE 4 No. 47851; and, Resolution No. 95 -XX Vacating a Sanitary Sewer Easement on Lot 21 and Lot 40 of Tract No. 47851. Requested by: City Engineer 6.7 RESOLUTION NO. 90-45K: RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCE AND OTHER REGULATIONS - The City Council approved the reclassifications of the Senior Engineer to Deputy Director of Public Works and Associate Planner to Senior Planner. Council, upon recommendation of the City Manager, established appropriate salary ranges by resolution. The recommended salary range for Deputy Director of Public Works is $3,935.24 to $5,273.60 per month and Senior Planner is $3,569.38 to $4,783.31 per month. Recommended Action: It is recommended that the City Council adopt Resolution No. 90-45K setting forth Personnel Rules and Regulations regarding the payment of Salaries, Sick Leave, Vacations, Leaves of Absence and other Regulations. Requested by: City Manager 6.8 STRIPING PLAN FOR NORTHSIDE OF PATHFINDER ROAD BRIDGE BETWEEN THE S.R. 57 ON/OFF RAMPS - Currently, westbound Pathfinder Rd. bridge approaching northbound Brea Canyon Rd. and between the S.R. 57 On/Off Ramps has two through lanes and a left -turn lane. The curb lane which is 23' wide continues to be utilized by motorists as two lanes. As a result, when motorists reach Brea Canyon Rd. two "lanes" of traffic attempt to enter the right -turn pocket for northbound Brea Canyon Rd. at the same time. These maneuvers create congestion and a potential safety concern. In order to provide proper channelization and effectively manage traffic circulation on Pathfinder Rd. Bridge, the Traffic & Transportation Commission and staff are presenting a striping plan for Council approval. Recommended Action: It is recommended that the City Council approve the striping plan as presented and direct staff to stripe the Northside of Pathfinder Rd. Bridge between S.R. 57 On/Off Ramps. Requested by: Community Services Director 6.9 EXPANSION OF PARK -N -RIDE LOT AT 100 N. DIAMOND BAR BOULEVARD - The park -n -ride lot adjacent to State Rtes. 57 and 60 currently has 260 parking spaces and is fully utilized. The proposed expansion will add another 125 spaces to the existing facility. The project will be SEPTEMBER 5, 1995 PAGE 5 funded jointly by Caltrans and the City. As proposed, Caltrans and the City will contribute $234,000 and $70,000 respectively, toward the project. A cooperative agreement has been developed to specify the terms and conditions under which this project is to be engineered, constructed, financed and maintained. Continued from August 15, 1995. Recommended Action: It is recommended that the City Council authorize the Mayor to enter into a cooperative agreement with Caltrans. Requested by: City Engineer 6.10 CONSIDERATION OF INCREASING THE AUTHORIZED AMOUNT RE LEIGHTON & ASSOCIATES, INC. GEOTECHNICAL REVIEW (WESTERLY PORTION OF DIAMOND BAR AT MORNING SUN) - In October, 1994, the City Council entered into an agreement with Leighton and Associates, Inc. to provide professional soils and geotechnical engineering services on an as - needed basis with an amount not to exceed $10,000 for individual assignments. Leighton and Associates, Inc. provided geotechnical review services for the landslide located in the westerly portion of Diamond Bar at Morning Sun during the months of May and June 1995. An initial payment was made in the amount of $8,953.42. A second invoice has been received for $5,056.21 for additional charges to date. It is anticipated that an additional amount of $5,000 will be needed to do remedial plan review, when plans are submitted by the property owners. Recommended Action: It is recommended that the City Council approve an additional allocation, not to exceed $10,000 to Leighton and Associates, Inc., which results in a total amount not to exceed $20,000 for geotechnical review services related to the westerly portion of Diamond Bar landslide. Requested by: City Manager 6.11 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR SLURRY SEAL, AREA 6 IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The City is divided into seven areas for road maintenance programming purposes. This year's program includes patching and slurring of streets in Area 6. Specifications for the subject project are complete. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX approving plans and specifications for the 1995-96 Slurry Seal Project and authorize the City Clerk to advertise the project for SEPTEMBER 5, 1995 PAGE 6 bids. Requested by: City Engineer 6.12 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE DEDICATION OF SANITARY SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. DB -94-001 IN TRACT 50519, FOR PUBLIC USE AND REQUESTING THE LOS ANGELES COUNTY SEWER MAINTENANCE DISTRICT TO COMPLETE ANNEXATION OF THE AREA WITHIN SAID SUBDIVISION AND IMMEDIATELY COMMENCE OPERATION AND MAINTENANCE OF SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. DB -94-001 IN THE CITY OF DIAMOND BAR - P.C. No. DB -94-001 was constructed in 1994 as part of the improvements in Tract 50519. Subsequently, the sewer was inspected and approved by the Department of Public Works based upon the satisfactory completion of the improvements per approved plans. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX Accepting the Dedication of Sanitary Sewer Improvements for Public Use in Tract 50519 and Requesting the Los Angeles County Consolidated Sewer Maintenance District to Complete Annexation of the Area within said Subdivision and Immediately Commence Operation and Maintenance of Sewer Improvements known as Private Contract No. DB -94-001 located at 300-366 Torito Lane in Tract 50519 Requested by: City Engineer 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 APPOINTMENT OF TRAFFIC & TRANSPORTATION COMMISSIONER Requested by: Mayor Pro Tem Werner 9. NEW BUSINESS: 9.1 RENEWAL OF CONTRACT WITH COMMUNITY DISPOSAL TO PROVIDE STREET SWEEPING SERVICES IN THE CITY OF DIAMOND BAR - On October 1, 1990, the City entered into a five-year Agreement with Community Disposal to provide street sweeping services. The City has the discretion to extend the contract one additional term of 5 years. The current contract will expire on September 30, 1995 unless Council extends the contract. The City has reviewed the quality of service provided and has found it to be very good. Staff has also researched street sweeping rates in the surrounding cities in comparison to that quoted by Community Disposal Company and based upon these two SEPTEMBER 5, 1995 PAGE 7 facets, recommends that the contract be extended. Recommended Action: It is recommended that the City Council renew the current contract with Community Disposal, for an additional five years, ending on September 30, 2000. Requested by: City Engineer 10. ANNOUNCEMENTS: 11. CLOSED SESSION: None 12. ADJOURNMENT: 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, September 5, 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 September 5, 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 1st day of September, 1995, at Diamond Bar, California. /s/ Tommve A. Nice Tommye A. Nice, Deputy City Clerk City of Diamond Bar Fjil VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL I TO: CITY CLERK FROM: i t✓ �\ , �` ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: DATE: PHONE: / 5 PHONE: V"i sTe c� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. - Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK DATE:�� PHONE: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: I&Af-k • � n t DATE: ADDRESS: �a 1 /r te /Ex- PHONE: <5?Y- 0.1 21,,' ORGANIZATION:v_ AGENDA #/SUBJECT: {�a/��c, c wih�w„, l,¢, (o. 3 C,/,n �. T I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL I� TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK ,/ i g f''' DATE: PHONE:'F�, 1 ,e� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. i 1 Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: U n I C4A DATE: ADDRESS: PHONE: 5 y-5— w 3� ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: jrr, 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 J I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK MSM: " %'t"�� - � % >>�'i�'� � �, / ���,J ) DATE: ��pV.s AD )RE=SS: PHONE: OR SANIZATION: /�/ AG : --NIDA #/SUBJECT: 17 f f' �i .� yy, �. <4�)rL expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature MINUTES OF THE CITY GOUNGIL REGULAR MEETING OF THE CITY OF DIAMOND BARW� 4 v AUGUST 15, 1995 CALL TO ORDER: M/Papen called the meeting to order at 6:39 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance and Flag Ceremony by Eagle Scouts Dennis Lee and Lawrence Lee, Troop No. 715. Dennis Lee introduced himself as a 17 -year old senior at D.B. High School and stated that his Eagle Scout project included painting, weeding and raking the sand for the exercise apparatuses at Summit Ridge Park. Lawrence Lee indicated that he was a 16 -year old student at Webb High School in Claremont and reported that his Eagle Scout project included graffiti and litter clean up and repainting of benches and tables at Maple Hill Park. ROLL CALL: Council Members Ansari, Harmony, Mayor Pro Tem Werner and Mayor Papen. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; George Wentz, City Engineer; Bob Rose, Community Services Director; James DeStefano, Community Development Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 2.1 Presentation of City Tile to outgoing Traffic & Transportation Commissioner Todd Chavers. Mr. Chavers thanked Council and staff for giving him the opportunity to serve the City and thanked the community for allowing him to give something back. 2.2 Introduced Special Problems Team, Jeff Bennett and Jerry Velona, by Lt. Dave Stothards of the L.A. County Sheriff Department. 2.3 Proclaimed September 18, 1995 as "Pollution Prevention Week." 3. PUBLIC COMMENTS: Nancy Villalobos, Campaign Manager for City Council Candidate Barbara Beach-Courchesne, challenged all other campaign managers and their candidates to conduct clean campaigns with no personal attacks or false, misleading propaganda. M/Papen announced that the Senior Citizens were enjoying the bingo machine that the City purchased for the Community Center and expressed appreciation to the City from Bob Arceo, President of the Diamond Bar Lively Senior Citizens. Wilbur Smith, 21630 Fairwind Ln., requested that Consent Calendar items 6.10, 6.11, 6.14. be discussed and further explained. He asked for clarification on the role differences between David Liu and George Wentz. AUGUST 15, 1995 PAGE 2 Dexter MacBride, 435 Willapa Ln., shared an article from the August 2, 1995 Daily Bulletin expressing concerns over the Diamond Ranch High School and the money needed to complete it. He asked the Council and the Pomona Unified School District to work together to get this school built. Red Calkins, 240 Eagle Nest Dr., also commented on the August 2, 1995 Daily Bulletin article and asked Council to request an audit of Pomona School District funds and conduct an investigation into where the money is for construction of the new high school. Don Schad, 1824 Shaded Wood Rd., asked Council to consider installing shelters at bus stops not currently sheltered to ensure that elderly citizens have a comfortable place to rest while waiting for a bus. Martha Bruske, 600 S. Great Bend, shared an article that M/Papen sent to some one through City -On -Line and commented that her name was misrepresented in the article. In response to Ms. Bruske's comments, M/Papen advised that she was comparing and referring to a document that Mr. Maxwell turned into the City Clerk with the initiative language to put the General Plan on the ballot. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., asked for further explanation on Consent Calendar item 6.11 and stated that, in regard to Consent Calendar item 6.12, other streetstintersections are in need of street lights rather than this particular intersection. She further spoke in favor of the City continuing the crossing guard contract. M/Papen advised that Consent Calendar item 6.11 is only before the Council to set a public hearing. Al Perez reminded Council that they work for the citizens of D.B. and that they should listen to what citizens have to say. Iris Delametic, 556 N. D.B. Blvd., management agent for the Crosskeys Homeowner's Assn., requested Council to approve the Public Hearing for Consent Calendar item 6.11. Terry Birrell commented on the City's Fixed Asset Inventory list which was requested over one year ago and expressed concern over currently reported donations to the City of hardware in the amount of $44,510 and software in the amount of $53,644 and a previously -reported $471,963 unreconciled amount. Ms. Birrell asked what happened to the missing software and recommended that the City have a basic backup system to track these gifts. In regard to Consent Calendar item 6.7, Frank Dursa asked how many people of the City use the park -n -ride lots and inquired into where the expanded park -n -ride lot would be constructed. AUGUST 15, 1995 PAGE 3 In response to public comments, CM/Belanger advised that the City has been providing school crossing guard services to both the Pomona and Walnut Valley Unified School Districts per the Vehicle Code since the City incorporated. He clarified that George Wentz is the City Engineer by designation and is a contractor working for the firm of Charles Abbott & Assoc. David Liu is a full-time City employee who is a State certified engineer. The Council recently saw fit to accept a recommendation to reclassify Mr. Liu to the position of Deputy Public Works Director. Mr. Liu's responsibilities are to oversee both project and administrative contract services within the Public Works Dept. related to outside maintenance, the City's engineering contract and other services for private projects. With respect to Consent Calendar item 6.12, CM/Belanger stated that the recommended protected left-hand turn signal will be installed at D.B. Blvd. (northbound) at Pathfinder (westbound) to allow traffic to tum left under protection and is warranted as a result of accidents at the intersection. Three other protected left-hand turn signals will be brought before Council in the future: 1) Golden Springs (northbound/southbound) at D.B. Blvd.; 2) Brea Canyon Rd. (northbound/southbound) at Golden Springs and 3) D.B. Blvd. (northbound/ southbound) at Mountain Laurel. In regard to Ms. Birrell's comments and questions, he reported that the original list of fixed assets was generated by the individual who was involved in putting together City -On -Line as a community volunteer. Not all of the equipment indicated on the list remain in the City's possession—some was returned to the manufacturers and some of was only on loan. The value of the assets, both hardware and software, were book values as the City saw appropriate. 4. COUNCIL COMMENTS: C/Ansari announced a meeting with the Pomona Unified School District on August 24, 1995 to discuss construction of Diamond Ranch High School and indicated that she had spoken with Rebecca Ryan, Pomona School Board, regarding our communities' concerns. She thanked staff for organizing Concerts in the Park this summer. She then reported that both she and M/Papen had attended the Sheriffs "City Council Academy" and that they both will receive a Certificate for participation. She thanked staff for putting four long, hard years of work into the new General Plan. C/Harmony reported that he had spoken with Pomona School Board Member Brenda Engdahl in regard to the finances that the School District had set aside for Diamond Ranch High School and that Ms. Engdahl had assured him that funds were already set aside. Regarding the discussion of the City's fixed assets related to City -on -Line, he suggested that Council address the issue in Closed Session. He then shared his rebuttal to Chris Reed's recent article in the Daily Bulletin. He asked staff to speak about the policy regarding political candidates passing out campaign material at public events. CM/Belanger reported that it is Constitutional for campaign candidates to pass out literature in the park at public events; however, commercial speeches in the park promoting businesses are not permitted. In regard to Consent Calendar item 6.12, MPT/Werner reported that he fully supported installation of the traffic signal at D.B. Blvd. and Pathfinder Rd. in order AUGUST 15, 1995 PAGE 4 to prevent accidents. Regarding bus shelters, he stated that the subject had been discussed at sub -committee meetings and staff has been directed to come back to Council with options to increase the number of bus shelters throughout the City. M/Papen announced that she attended the Grand Opening of the Green Line light rail on August 13, 1995 as well as the Filipino/American picnic at Summit Ridge Park for D.B. and Chino Hills residents. She also attended the last performance of William Shakespeare at the Walnut/Diamond Bar theater on Sunday. Regarding funding for Diamond Ranch High School, she reported that she had spoken with the President of the Pomona Unified School Board and the President of the Diamond Ranch Boosters Club and that she could not get an answer as to where the dollars were for the new high school. In June 1991, the voters approved a $62.5 million bond measure of which $52.5 million had been released, which would leave $10 million for the school. Regarding campaigning during Concerts in the Park, she reported that several citizens asked her to stop candidates from disturbing them during the concerts and thanked those candidates who did not interrupt the people's enjoyment of the music. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERT IN THE PARK - August 16, 1995 - Bobby Cochran (50's music) 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs 5.2 CONCERT IN THE PARK - August 23, 1995 - Mid West Coast Band (top 40 Contemporary) 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs 5.3 PARKS & RECREATION COMMISSION - August 24, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley 5.4 PLANNING COMMISSION - August 28, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley 5.5 CITY COUNCIL MEETING - September 5, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley 6. CONSENT CALENDAR: MPT/Werner moved, C/Harmony seconded to approve the Consent Calendar excluding Items 6.7 and 6.11. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: 6.1.1 Regular Meeting of June 20, 1995 -As submitted. 6.1.2 Adjourned Regular Meeting of July 11, 1995 - As submitted. 6.1.3 Adjourned Regular Meeting of July 15, 1995 - As submitted. 6.1.4 Adjourned Regular Meeting of August 1, 1995 - As submitted. AUGUST 15, 1995 PAGE 5 6.2 APPROVED VOUCHER REGISTER - dated August 15, 1995 in the amount of $411,481.77. 6.3 TREASURER'S REPORT - Received and filed Treasurer's Report for June, 1995. 6.4 CLAIM FOR DAMAGES - Filed by Melvin William Sasse on July 19, 1995 - Rejected request and referred matter for further action to Carl Warren & Company, the City's Risk Manager. 6.5 APPROVED MEMBERSHIP OF THE CITY OF PALM DESERT IN THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (SCJPIA) AND AUTHORIZED C/HARMONY TO EXECUTE THE CONSENT FORM AS THE CITY'S DELEGATE. 6.6 ESTABLISHED OPEN PURCHASE ORDERS FOR GENERAL SUPPLIES FOR FY 1995-96 - in the amount of $12,000 for Office Depot and $3,000 for Gordon's, Inc. The majority of everyday "consumable" products will be purchased from these vendors; however, larger items (office equipment) will continue to be awarded based upon several informal bids). 6.8 ADOPTED RESOLUTION NO. 95-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING A STOP SIGN AT THE INTERSECTING LEG OF CLIFFBRANCH DRIVE AT BELLA PINE DRIVE. 6.9 APPROVED CONSULTING SERVICES AGREEMENT WITH J. MICHAEL HULS, R.E.A., FOR ENVIRONMENTAL MANAGEMENT SERVICES IN FISCAL YEAR 1995-96 - in an amount not -to -exceed $29,902 for services relating to administration of the City's solid waste permit system and to assist in coordination of AB939 and Used Motor Oil Program activities. 6.10 (A) ADOPTED RESOLUTION NO. 95-46: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR GOLDEN SPRINGS DRIVE BICYCLE LANE IMPROVEMENT PROJECT - PHASE I (DIAMOND BAR BOULEVARD TO SYLVAN GLEN ROAD) IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. (B) ADOPTED RESOLUTION NO. 95-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A STOPPING PROHIBITION AND DIRECTING THE INSTALLATION OF "NO STOPPING ANY TIME" SIGNS ALONG BOTH SIDES OF GOLDEN SPRINGS DRIVE BETWEEN DIAMOND BAR BOULEVARD AND SYLVAN GLEN ROAD AND FURTHER NORTHERLY ON THE WESTERLY SIDE TO 300 FEET NORTHERLY OF SUNSET CROSSING ROAD. AUGUST 15, 1995 PAGE 6 6.12 RESOLUTION NO. 94-48: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT DIAMOND BAR BOULEVARD AND PATHFINDER ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.13 AUTHORIZED CONTINUED LEGAL SERVICES WITH THE LAW OFFICES OF RUTAN & TUCKER FOR TRACT NO. 47850 - authorized an addition of $550 to the existing approved amount of $9,999.99 in order to allow for full payment to Rutan & Tucker for legal services rendered for VTM 47850. 6.14 RENEWED THE CROSSING GUARD CONTRACT SERVICES FOR SCHOOL YEAR 1995-96 - with All City Management Services, Inc. in an amount not -to -exceed $65,000 (an hourly billing rate of $9.25) for school year 1995-96. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 EXPANSION OF PARK -N -RIDE LOT AT 100 N. DIAMOND BAR BOULEVARD - CM/Belanger recommended entering into a cooperative agreement with the State Department of Transportation for a 125 -space expansion of the park -n -ride lot at the 60 freeway and D.B. Blvd. The expansion would not require the purchase of additional land and would provide additional Congestion Management Plan (CMP) credits. SE/Liu advised that a study was completed in 1991 by CalTrans and UC Berkeley, determining that residents most commonly using this park -n -ride are from D.B., Chino Hills and Phillips Ranch. CalTrans further reported that total construction cost for the project would be $304,000. MPT/Werner asked if there is any way of recapturing the cost associated with City credits, can City credits be used toward this project, is there any additional way the City can benefit local businesses and/or residents at this park -n -ride. CM/Belanger responded that CMP credits can be sold to developers who need the credits in relationship to development proposals. CMP credits are not the only reason for this project as the City has the responsibility of getting as many cars off of the street as possible for air quality management as well as for congestion management. C/Ansae commented that there is definitely a need for an expansion for the D.B. Blvd./60 fwy. park -n -ride. She also commented that the park -n -ride at the 57 fwy./Pathfinder Rd. is not utilized as much. MPT/Werner asked if the City would be part owner of the project and could the City charge by using parking meters. AUGUST 15, 1995 PAGE 7 CM/Belanger advised that the City would not become a property owner or lessee of the property or improvements. The City would derive benefit in participating in this activity by providing the additional spaces for park -n -ride purposes to satisfy air quality and CMP policies and goals. M/Papen stated that this project went through the MTA and CalTrans put in a joint application for this project. She reminded Council that Prop A Gas Tax monies would be used for the project and reported that in January, CalTrans will begin construction of 25 miles of carpool lane to run through the City on the 57 and 60 fwys. SE/Liu reported that staff has worked with CalTrans for over two years on this particular project. CalTrans is having a funding shortfall for this project and requested the City to provide partial funding. Martha Bruske, 600 So. Great Bend, expressed disappointment in the Council agreeing with this expansion as she did not want D.B. torn up for a parking lot. C/Harmony opposed the park -n -ride expansion. C/Ansari expressed concern that the existing park -n -ride facility is always full to capacity and people use the K -Mart parking lot as a park -n -ride. The proposed area for the new park -n -ride facility had already been designated a park -n -ride lot. She suggested the addition of bulletin boards in the park -n - ride facility for promotion of shops in the City. MPT/Werner moved, C/Harmony seconded to continue the matter for two weeks. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Harmony, MPT/Werner NOES: COUNCIL MEMBERS - Ansari, M/Papen ABSENT: COUNCIL MEMBERS - None M/Papen encouraged the Council to approve the expansion due to the General Plan and the land being on CalTrans right-of-way. The resident trailer at the park -n -ride lot is there for security reasons. MPT/Werner felt that the CalTrans proposal was incomplete and posed the following questions/concerns: 1) what would happen to existing trees; 2) control of the appearance of the live-in trailer; 3) park -n -ride design; 4) low number of plantings and few trees and 5) did the Council authorize the grant application. CM/Belanger advised that he was unsure when the grant application was made. M/Papen explained that the call for projects was completed in 1994/95 and AUGUST 15, 1995 PAGE 8 1995/96 budget. In response to MPT/Werner's questions, CM/Belanger stated that staff will research K any adjustments can be made and that a two week delay will not endanger the plan. Further, it is unknown as to what kind of forestry will be planted. CE/Wentz stated that the plan had been discussed in depth with CalTrans and Council and staff will take every opportunity to review the detailed design. In response to C/Ansari, CE/Wentz stated that the City has input but no control over the appearance of the host trailer. M/Papen moved, C/Ansari seconded to approve expansion of the Park -n - Ride lot at 100 N. Diamond Bar Boulevard. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Ansari, M/Papen NOES: COUNCIL MEMBERS - Harmony, MPT/Werner ABSENT: COUNCIL MEMBERS - None M/Papen announced that the matter would be continued to September 5, 1995. 6.11 RESOLUTION NO. 9549: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF GONA COURT IN THE CITY OF DIAMOND BAR - CM/Belanger advised that this request was made by the Crosskeys Homeowners Assn. Iris Delametic, 556 N. D.B. Blvd., representing the Crosskeys Homeowners Assn., stated that Gona Ct. is nearly across the street from the on and off ramps of the 57 fwy. and which has been used as a park -n -ride by non- residential vehicles. Due to open access to Gona Ct., the general public uses Crosskey Homeowners' private facilities. Because of these reasons, the homeowners would like the street deeded back to them. C/Harmony moved, C/Ansari seconded to adopt RESOLUTION NO. 9549: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF GONA COURT IN THE CITY OF DIAMOND BAR and set a Public Hearing for September 19 1995. With the following Roll Call vote, motion carried: AUGUST 15, 1995 PAGE 9 AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS: M/Papen recessed the meeting at 8:40 p.m. RECONVENE: M/Papen reconvened the meeting at 8:57 p.m. 7. PUBLIC HEARING: 7.1 RESOLUTION NO. 95-50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY OF DIAMOND BAR TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 - CM/Belanger reported that, during construction and demolition activities for June 1, 1994 - May 31, 1995, the City generated 27 debits. These debits were very low due to this project and were offset by Transportation credit claims which totaled 62,133 points. CDD/DeStefano stated that the CMP program is a direct result of Proposition 111, passed in 1990. The City is required, as a part of the County program, to implement strategies that create a reduction in problems related to transportation and traffic congestion to improve air quality and the economic vitality and quality of life. The City's portion of the program is a direct result of the County enactment of an MTA -administered Congestion Management Plan wherein annually it is required to hold a self -certification Public Hearing in order to go through the various credits and debits that the City has created over that period of time. The program is related to the City's receipt of gas tax, state and federal funds and sources for a number of public works operations/capital improvement projects. Debits are a result of permitted development activity. In response to MPT/Werner, SE/Liu explained that the type of improvements completed to obtain credits included transportation road improvements to the construction of Chino Hills Parkway. M/Papen declared the Public Hearing open. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., expressed concern that this CMP report does not mislead the City's traffic problem. With no further testimony offered, M/Papen closed the Public Hearing. M/Papen announced that an MTA Public Hearing would be held in September for review of all 89 cities' self -certification for adoption. The MTA is aware of the traffic problem in D.B. and legislation is being promoted for AUGUST 15, 1995 PAGE 10 credibility for traffic belonging to other counties. In response to C/Ansari, CE/Wentz explained that the number of credits that the City has basically serves as a fund balance that can be utilized in future years. In response to C/Harmony, CE/Wentz stated that when a 20,000 sq. ft. or larger commercial office space is built, there will be debits against the City's credits; however, there are off -set strategies or conditions built into project approvals. MPT/Werner moved, C/Harmony seconded to adopt RESOLUTION NO. 95- 50: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY OF DIAMOND BAR TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/ Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 ACTIVATION OF A REDEVELOPMENT AGENCY - MPT/Werner asked Council to consider his concept of establishment of a redevelopment agency to enhance the existing street infrastructure and help mitigate traffic congestion. The agency would help the City discover discrepancies City traffic control. ACM/Usher reported that the California Health and Safety Code provides for the existence and creation of an agency and adoption of redevelop- ment plans and project areas. Further, the Code provides that there is a redevelopment agency in every community which is activated through adoption of an ordinance by the legislative body. The redevelopment plan and agency are tools provided to cities and counties in the State for the last 40 years to assist communities in correcting deficiencies relating to economic development, growth control, traffic problems, etc. The activation of an agency does not solve problems and does not create new revenue sources; however, it establishes a separate legal entity in the community which, at some point, may slowly raise funds through increased valuation of property. The advantage of doing this through an agency is that through the lending of funds, costs for studies may be recovered when a project area is adopted. AUGUST 15, 1995 PAGE 11 M/Papen asked for an explanation of "blight," much vacant land can go into a redevelopment agency under AB 1290 and is traffic congestion on surface streets a justification for declaring blight and forming a redevelop- ment agency. ACM/Usher explained that since AB1290, elements of both physical and economic blight must be found in adoption of a redevelopment plan. Physical blight includes things such as aging, deteriorated, unsafe buildings and inefficient streets that prevent economic blight. Economic blight deficiencies include high business vacancies, low lease rates, high turn over rates, depreciated or stagnant property values, etc. M/Papen asked what the advantages are and how the City would benefit from a redevelopment agency versus continuing as is. ACM/Usher responded that sometime in the future, it may be beneficial for the City to provide either financial assistance or assembling of land to help a business stay or expand. CA/Jenkins explained that the existence of vacant buildings or land is not within the definition of blight. There has to be circumstances that makes vacant land unattractive for private investment, troubled streets for economic growth, etc. C/Harmony asked how the County or the School District would respond to this in having the tax increment frozen. ACM/Usher advised that the County would not take a position on activa- tion of an agency; however, they would in the adoption of a redevelopment plan. C/Harmony asked about current consulting fees for setting up a redevel- opment program. ACM/Usher stated that $30,000 is budgeted in the economic development budget for examination of potential redevelopment project areas. C/Ansari asked if the City would even qualify for a redevelopment program and stated that she would like to find out more information from neighbor- ing cities. Frank Dursa stated that he is opposed to a redevelopment program because the City is too young to make a determination that a program is needed. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd. expressed concern over using a redevelopment program for the undeveloped land but would prefer that the City continue with planned growth. AUGUST 15, 1995 PAGE 12 It was agreed that discussion of activation of a redevelopment agency be continued until early 1996. 10. ANNOUNCEMENTS: MPT/Werner announced that he had not yet filled the vacancy on the Traffic & Transportation Commission; however, he would make an appointment at the next Council meeting. 11. CLOSED SESSION: None scheduled. 12. ADJOURNMENT: There being no further business to discuss, M/Papen adjourned the meeting at 9:58 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk miauTEs of THE CITY OP DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 12, 1995 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at 7:00 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 Vice Chairman Huff. ROLL CALL: Present: Commissioners: Chairman Flamenbaum, Vice Chairman Huff, Commissioners Meyer, Schad and Fong. Also Present: Associate Planner Robert Searcy; Assistant Planner Ann Lungu; Planning Intern Holly Rider; Public Works Department Administrative Assistant Tseday Aberra; Recording Secretary Carol Dennis. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of May 8, 1995 and May 22, 1995. C/Meyer stated the May 22, 1995 minutes should be corrected as follows: Page 4, Paragraph 2, line 13, delete redundant "for the preparation" and change "ordinance to "resolution" in line 14, so the sentence (beginning on line 12) reads: "He further stated that there should be no mistake that his recommendation for the preparation of this resolution was to prohibit development on the grassy knoll." With respect to the May 8, 1995 minutes, C/Fong requested the following changes: On Page 14, Paragraph 1, line 2, change "to" to "and" so the sentence reads: "C/Fong suggested with respect to lots 3, 4 and 5 that the designer and consultants recheck their design on the shear keys. C/Fong suggested the following changes for the minutes of May 22, 1995: On Page 10, Paragraph 1, Line 12, change "of" to "adjacent to" so the sentence reads: "In addition, there should be more details and analysis to demonstrate the adequacy of the shear key located on the northwest boundary adjacent to the Las Brisas development. On Page 10, Paragraph 1, last sentence, June 12, 1995 Page 2 Planning Commission change "by" to "for" so the sentence reads: "Any remedial grading stipulated by the City should be self - supported for the development and be supported by any additional investigation. Chair/Flamenbaum requested the following sentence be inserted into Paragraph 1 on Page 11 as sentence 2: "However, he also recognizes this is a transition area." A motion was made by C/Meyer and seconded by C/Schad to approve the minutes for May 8 and May 22, 1995 as amended. The motion was approved 5-0 with the following roll call: AYES: COMMISSIONERS: Meyer, Schad, Fong, VC/Huff, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OLD BUSINESS - None NEW BUSINESS: 1. Presentation on Neighborhood Traffic Study. Public Works Department Administrative Assistant, Tseday Aberra, stated the Public Works Department has undertaken a Neighborhood Traffic Management Study. This study is a response to residents' requests to mitigate or resolve various traffic -related problems in the area bounded by Pathfinder Road, Diamond Bar Boulevard, and Brea Canyon Road. Instead of addressing each resident's concern on a case-by-case basis, the Traffic and Transportation Commission and the Department of Public Works determined it would be best to address the problems of the area as a whole and in a systematic fashion. The Neighborhood Traffic Management Study is being conducted by DKS Associates, the City's Traffic Engineering Services consultant. The goal of the Neighborhood Traffic Management Study is (1) to identify traffic -related problems such as cut - through traffic, speeding, and parking, (2) attempt to identify the specific location, nature, and cause of the problems, and (3) to develop a neighborhood traffic management plan to resolve the identified problems in a systematic manner. Approximately 592 residents in the study area were sent questionnaires in March and May of 1995. Approximately 58 residents responded to the March questionnaire and 38 responded to the May questionnaire. Two workshops were conducted with residents at the April June 12, 1995 Page 3 Planning commission 14 and June 8, 1995 Traffic and Transportation Commission meetings. In order of importance, the primary problems residents identified were excessive speeding, school -related traffic, combination of traffic -related noise and parking, cut -through traffic, and truck traffic. The solutions residents proposed to their neighborhood problems were the installation of stop signs and the enforcement of a 25 MPH speed limit of residential streets. During the June 8, 1995 Traffic and Transportation Commission received and reviewed the results of the study. The Commission had previously recommended to City Council that Fountain Springs Lane and Cold Springs Lane be returned to 25 MPH prima facia as residential streets. The Commission determined that the study should be completed prior to them making any further mitigation recommendations. In addition, the Commission requested that the study include recommendations and costs for both short term and long term solutions to the traffic problems. Responding to Chair/Flamenbaum, AA/Aberra stated the City has, over time, received numerous requests for stops signs, cul-de-sacs, etc. in various locations within the study area. The City determined there was a pattern of concern with respect to speed, cut -through traffic and truck traffic in the designated area. Rather than considering each request on a case-by-case basis, the City and the Traffic and Transportation Commission decided to look at the entire area as a whole. The next step is to see what short term and long term potential solutions will be proposed by DKS Associates. The Traffic and Transportation Commission will review the study when it is presented to them in July and determine what recommendations for mitigation, if any, should be recommended to City Council. If the DKS Associates study concludes there is a need for stop signs in the area, the City will not necessarily install stop signs. She stated her understanding is that stop signs are not necessarily utilized as a satisfactory means of decreasing speed. According to studies, stop signs may tend to have the reverse effect when motorists view them as an unnecessary nuisance. To date, no recommendations have. been forwarded to the City Council from the Traffic and Transportation Commission. In response to VC/Huff, many residents from Fountain Springs Lane, Cold Springs Lane and Castle Rock Road have voiced their concerns about the cut -through traffic to the Country Hills Towne Center. The center has been invited to participate in the study and some preliminary recommendations have been made by DKS Associates and the June 12, 1995 Page 4 Planning Commission residents regarding the shopping center driveway on Fountain Springs Lane. C/Meyer stated that, in his opinion, the cut -through traffic in the neighborhood is an indication that the arterial highway system is non-functional. He cited the problem in the Rolling Knoll Road area. If Diamond Bar Boulevard functioned at a normal capacity it would relieve the need for motorists to cut -through the neighborhoods. He further stated it is ludicrous to have a signal at a T -Intersection with numerous warning signs and no -right -turn at certain hours. In an effort to eliminate the cut -through traffic the residents have been penalized. 2. Review of Fiscal Year 95-96 Capital Improvement Program (CIP) for conformity with the General Plan pursuant to Section 65401 of the Government Code. AA/Aberra stated that the California Government Code requires the Planning Commission to review public works projects proposed for the ensuing fiscal year and determine compliance with the City's General Plan prior to the adoption of the CIP Program by the City Council. Staff recommends that the Planning Commission adopt Resolution No. 95 -XX finding conformity with the contemplated General Plan and recommending City Council Approval of the Fiscal Year 1995-1996 CIP. Responding to C/Meyer, AP/Searcy stated the Grand Avenue Rehabilitation Project is approved for the current fiscal year and the project will begin immediately after the July 4, 1995 holiday. The project will include the resurfacing and widening of Grand Avenue at Golden Springs Drive and Diamond Bar Boulevard, as well as the traffic signal synchronization at these intersections. With respect to Item 121, Athletic Field Lighting for Lorbeer Jr. High School, AP/Searcy stated this is part of the City programs reciprocal agreement with the school district. CDD/DeStefano joined the Planning Commission meeting. In response to C/Meyer, CDD/DeStefano stated the Peterson Park Concession Stand Improvements (Item #22) involves $10,000 which has been set aside for a shade structure. This is in addition to the capital improvements completed during the past year which were as a result of prior CIPS. Approximately $200,000 is being received by the City as a result of the Safe Parks Act (Prop A money) for the athletic field lighting for Lorbeer Jr. High School. The Safe Parks Act fund is the same pool of money that is June 12, 1995 Page 5 Planning Commission being utilized to assist in the construction of Pantera Park. CDD/DeStefano stated that an agenda item the City Council is considering tonight is the acceptance of the right-of- way from Calvary Chapel. This item is directly related to the improvement project for Grand Avenue. CDD/DeStefano, responding to C/Meyer, stated he would return to the Commission later in the evening with information regarding the left -turn pocket issue for Grand Avenue. Responding to VC/Huff, CDD/DeStefano stated Item 14 is for Phase I construction of Pantera Park. Regarding Item #8, CDD/DeStefano responded to Chair/Flamenbaum that this type of undergrounding does not occur within the sidewalk area. It normally occurs within the asphalt paved area a few feet outside of the curb and gutter. CDD/DeStefano reiterated the Planning Commission's issue of whether the proposed projects are consistent with the Draft General Plan. CDD/DeStefano left the Planning Commission meeting and returned to the City Council meeting. PUBLIC HEARING: 1. Appeal of Administrative Development Review No. 95-7. ADR No. 95-7 is a request to expand the cellar and first floor and add a second floor to an existing 2,749 square foot single family residence. The expansion of approximately 4,444 square feet includes a four car garage and exterior remodeling. (Approved May 2, 1995) Property Owner: Mr. R. Sodhi, 2619 Rocky Trail Road, Diamond Bar. Applicant: Pete Volbeda, 22640 Golden Springs Drive, Suite B, Diamond Bar. Property Address: 2619 Rocky Trail Road, Diamond Bar. Applicant for Appeal: Ron Everett, 2618 Rocky Trail Road, Diamond Bar. AstP/Lungu stated the site is approximately 27,330 net square feet. The project site is located with a "gated" community identified as "The Country Estates". The site is zoned Single Family Residential -Minimum Lot Size 20,000 square Feet (R-1-20,000). It has a draft General Plan land use designation of Rural Residential (RR). June 12, 1995 Page 6 Planning commission At the April 10, 1995 public hearing, the appellant, Ronald Everett, discussed the following concerns: 1. The potentially adverse effects that this expansion will have on the surrounding properties; and 2. That the expansion will conflict with the Housing Element and Resource Management Element of the Draft General Plan. He quoted Goal 3 of the Housing Element stated that "it talks about property values and residents' quality of life". However, the first objective states: Maintain and encourage the improvement of the quality and integrity of existing residential neighborhoods. The Resource management Element is also quoted by Mr. Everett as "the protection of views for existing development and retaining opportunities for views from dwelling units". However, Section 1.1.7 reads: To the greatest extent possible, require that dwelling units, structures and landscaping be sited in a manner which: *Protects views for existing development *Retains opportunities for views from dwellings This portion of the Resource Management Element does support the maintenance of existing vista to the greatest extent possible. Mr. Sodhi has satisfied the Los Angeles County Code for height and setback requirements. At the April 10, 1995 public hearing, a meeting between the two property owners and Pete Volbeda, the project's architect, was arranged for April 19, 1995. At the april 19, 1995 meeting, however, no agreement was made that would satisfy both Mr. Everett and Mr. Sodhi. On April 24, 1995 the public hearing was continued without discussion to April 26, 1995. On April 26, 1995 the public hearing was again continued without discussion to May 2, 1995. On May 2, 1995 the Community Development Director approved Administrative Development Review No. 95-7. The approval included the following conditions: 1) The tower roof line shall have a pitch of 4:12; June 12, 1995 2) 3) Page 7 Planning commission The tower roof line shall be consistent with the structure's main roof line in pitch and height; The structure height shall not exceed 27.5 feet above finish grade. On May 12, 1995 Mr. Everett filed a request for the appeal of Administrative Development Review No. 95-7. The appellant resides in a single story structure. He is concerned that the applicant's addition will obstruct the evening view that exists from his porch and the front rooms of his home. Mr. Everett is also troubled that the proposed second story will inhibit the potential view from a possible second story addition he is contemplating. The applicants proposed second f loor addition is 1,155 square feet. AstP/Lungu continued that a field survey indicated that the view in question will be minimally impaired by the addition of a second floor. The two structures are approximately at the same elevation located across Rocky Trail Road. Currently, the view from the front of the single family residence located at 2618 Rocky Trail Road is impaired by several tall trees. If these trees were removed, the existing structure at 2619 Rocky Trail Road inhibits any view of the topographic features of the canyon below. Therefore, the addition of a second story will limit the "sunset" views minimally (by a few minutes daily). There are no oak trees at the project site. Existing landscaping will be destroyed during the site's development. As a result, the applicant is required to submit a landscape/irrigation plan for review and approval by the City. The proposed quantity of earth movement for this project is limited to 25 cubic yards of fill. The fill is located west of the structure, in the rear yard and is not directly beneath the structure. The City's Building Official conducted a preliminary review of this project and his comments are attached to the staff report for the Commission's review. AstP/Lungu concluded that Administrative Development Review No. 95-7 has been approved by the Community Development Director for a two story addition with a reduced roof line and roof pitch. The purpose of the appeal is to omit the second floor of the addition. Staff has visited the site and determined that the views from 2618 Rocky Trail Road will be insignificantly altered. The view is primarily "sunset" views which will be reduced a few minutes daily. The appellant will continue to have a viewshed from the rear (east) of his June 12, 1995 Page 8 Planning Commission structure. The proposed project, as approved by the Community Development Director, is in conformance with the design standards and guidelines for the City, and has been approved by the Architecture Review Committee of "The Country Estates". The environmental evaluation shows that the proposed project is Categorically Exempt according to the guidelines of California Environmental Quality Act (CEQA), Section 15301, Class 1. Staff recommends that the Planning Commission sustain the Community Development Director's approval and deny the appeal of Administrative Development Review No. 95-7, and sustain the Findings of Fact, and conditions as listed within the resolution. Responding to Chair/Flamenbaum, PI/Rider stated the difference in elevation between the applicant and appellant's homes is between 5 and 10 feet. AstP/Lungu, in response to Chair/Flamenbaum indicated the homes in the area range between 4,000 and 8,000 square feet. Most of the homes in the area have been rebuilt over time which is usual to dwelling structures in "The Country Estates". In response to C/Schad, AP/Searcy stated the appellant's privacy is not an issue with respect to the proposed addition. Responding to Chair/Flamenbaum, AstP/Lunge stated the applicant's front yard setback is 20 feet. AP/Searcy stated the appellant's front yard setback should be a minimum of 20 feet. Approximately 100 feet separates the two dwelling units. AP/Searcy, responding to VC/Huff, stated the criteria for view is whether there is an impact. In his opinion, the evaluation of the impact is subjective as to whether it is dramatic or not. Staff has to balance the rights of both property owners by using experience and common logic in weighing the applicant's right to construct within development code and the appellant's right to preserve a quality aesthetic view. Staff has determined that since the applicant's proposed structure height is so far below the maximum allowed the applicant has done everything possible to minimize the impact to the view enjoyed by the appellant. Responding to C/Fong, AstP/Lungu stated the proposed construction will be over an existing foundation and cellar area. Chair/Flamenbaum declared the public hearing open. June 12, 1995 Page 9 Planning commission Ron Everett, 2618 Rocky Trail Road, Diamond Bar, stated that he has been encouraged by his family and neighbors to address his concerns. He indicated he believes there is a significant turning point of setting rules and guidelines for remodeling and expansion that are significantly different than the new development that has been occurring for the last couple of decades in Diamond Bar. He stated this is his purpose for getting the facts and issues before the Commission and before the community and work toward a reasonable resolution that will benefit all of the residents of Diamond Bar. Mr. Everett referred the Commission to his letter of May 11, 1995 addressed to the Community Development Director. Regarding Page 2 of the staff report, he stated he is concerned with the phrase "To the greatest extent possible, require that dwelling unit structure and landscaping be sited in a manner which protects views for existing development and retains opportunities for views from dwellings". He indicated his second concern is to maintain and encourage the improvement of the quality and integrity of existing residential neighborhoods. He again stated this is as important with respect to remodels as compared to new development. He stated he holds that this property and the plans proposed have a 6,000 square foot improvement for the existing floors. He supports the first two floors of remodel and expansion. In his observation, the exclusive criteria for remodel and expansion is what meets code. He stated that, in his opinion, the code is only a starting point. It is a minor, but necessary requirement consideration. The proposed General Plan is very significant. An additional consideration is reasonable expectation from a neighbor. With respect to Page 3 of staff's report, the second paragraph under Analysis talks about his concern for the second story edition will impair current and potential sunset views. In addition to the sunset view, he is concerned with the developing ridgeline view from his second story. He presented photographs from his property toward the project site. Stating his desire to maintain the ridgeline view, he cited the photograph taken from the roof of his garage. He stated that ten feet of additional elevation on top of the existing roof line of the project site will eliminate any view. He further stated that the sunset is a non -issue at the horizon. He referred the Commission to the second paragraph, second sentence, under Analysis on Page 3, which states "currently, Mr. Everett resides in a single story structure." He indicated this needs to be corrected because he has a two story house. He further stated that as soon as he is relieved of the expenses involved with having several children, he intends to expand his second story to the front and to the garage. With regard to the last item on Page 3, "the proposed June 12, 1995 Page 10 Planning Commission second floor addition is 1,155 square feet, he stated it is important to note that 1100 square feet is approximately 80 percent of the total project site width. It is not just one-fourth of the proposed property expansion. The added elevation of 10 feet wipes out his total view from any location on his lot. Mr. Everett continued to Page 4 of staff's report citing the view from his home is impaired by several tall trees and the minimal impact of this project to his home. The trees are deciduous. Therefore, one-half to two-thirds of the year, in his opinion, there is no obstruction of his view because of the trees. He stated that the trees protect him from smog and the blinding suns of summer. He invited the Commissioners to visit his property so they could see that a 10 foot addition of the project site overlaps his property on both ends. He stated he is the only one that is affected and it is not a surprise. He reiterated that it is not only the sunset view, it is the developing ridgeline that is important to him from his second story expansion. With respect to the cellar at the project site, he stated this is the most significant element of impact, integrity and legal issue for the community of Diamond Bar. The cellar has never been a consideration at 2619 Rocky Trail Road. He indicated he thinks this is an unreasonable, unfair, unnecessary and unexpected change in order to exploit a multi-million dollar view at the applicant's site by taking the structure from two floors to three floors at the expense of his home. In addition, it creates a risk and exposure to other residents of Diamond Bar with respect to loss of value and the integrity of the proposed General Plan implementation for other remodels and expansions. The applicant's home has always been a two-story house. The real estate listing stated, at the time the present owner purchased the house, stories - two, basement - no. The ground level has been the living area for three previous residents. He referred the Commission to page 2 of the May 2, 1995 Administrative Development Review Hearing minutes which states that "The two story house was built including a ground level of a master bedroom suite, family bedroom with fireplaces, an additional bedroom, an office and exercise room and laundry". The transcript says a family bedroom and not a family room and, in his opinion, this may be germane. He stated three families have lived in the family room on the lowest level, the ground level, the first floor. Mr. Everett stated that, in summary, he believes that if the objective of the ADR is as stated on Page 3, first paragraph under Analysis, the weighing of these facts together with the reasonable expectations of neighbors, June 12, 1995 Page 11 Planning Commission other residents, and the evidence in good judgement, that for the benefit of all Diamond Bar residents, that the proper disposition or resolution is to modify Draft Resolution 95 -XX, as prepared for the Planning Commission tonight, to approve this project, as well as any other project like this project, for the existing two floors only as proposed in ADR 95-7 for 2619 Rocky Trail Road and deny any additional levels to a third story or any additional vertical height increase above the primary roofline that exists today and is estimated to be at about 1,013 1/2 feet above sea level. Responding to VC/Huff, Mr. Everett stated he took the picture from his garage to simulate what the view would be from a proposed second story addition to his property. In response to C/Schad, Mr. Everett indicated the view from all of the windows in the front of his house is the sunset view. C/Meyer asked Mr. Everett if he enjoyed any dramatic view from his property other than in the direction of the project site. Mr. Everett responded that he can see the mountains and east to the rising sun from the rear of the house which overlooks the canyon. Mr. Everett, responding to C/Fong stated he would lose his westerly view. There is a vacant lot to the north of his property which may eventually be built out. He has a commanding view of Mt. Baldy, Mt. Cucamonga and the area to the east. The potential view to the south is blocked by development. In his opinion, any addition to his current second story will not impact the view from the project site. In response to VC/Huff, Mr. Everett stated he did not know the height of his house to the roofline. He estimated it to be approximately 1,022 feet which is about the same height as the proposed project site. Pete Volbeda, architect for the project stated he is surprised that they are before the Commission tonight. He indicated that immediately after the initial ADR hearing, he accompanied Mr. Sodhi to the site and they determined that by standing in the driveway of Mr. Sodhi's property, they could see a house behind trees across the street. He further stated they could not understand Mr. Everett's complaint. He pointed out that when Mr. Everett builds his second story addition it will block as much of Mr. Sodhi's sunrise view as it will block Mr. Everett's view of the sunset. Currently, there are no windows on Mr. Everett's second story which face the project site. In addition, Mr. Everett stated that the proposed addition will reduce property values in the June 12, 1995 Page 12 Planning commission area. Mr. Volbeda stated that any time additions are completed in this area of "The Country Estates", the property values increase. He pointed out that in the approximately 20 building projects he has completed in "The Country Estates", the project goes to the legal height limit of 35 feet from average finish grade. The project owner made a great effort to minimize the height increase since this project proposes to build five and one-half feet below the limit. The Community Development Director suggested the project be lowered to 27 1/2 feet. The applicant does not agree with the ruling and would like to have the Planning Commission approve the project at the originally proposed height of 29 1/2 feet. In his opinion, Mr. Everett's proposal that the applicant add to the first floor only is not feasible. In fact, the applicant could add additional area to the second floor and still be under the height envelope and within the intent of the proposed General Plan. Mr. Everett has presented that he is acting on behalf of the neighbors and the community. However, there has been no petition received for this ADR. Twenty-two area residents were notified of this project and only Mr. Everett has responded. It seems that Mr. Everett expects none of his view to be blocked. Any buyer of property in "The Country Estates" must assume that at a point in time, residents will build on surrounding properties. In accordance with the General Plan, these properties could be built to a height of 35 feet. In this instance, the applicant is proposing to build under the height limit and the Planning staff supports the proposal. Mr. Volbeda requested that the Planning Commission deny the appeal and approve the project as presented. A. C. Kaushal, 1245 S. Mahogany Court, Diamond Bar stated he is a licensed Real Estate Broker. He has been practicing his real estate profession in Diamond Bar for approximately nine years. In addition, he is a consultant for the Sodhi project. In his many visits to the project site, he has determined that the project will not disturb Mr. Everett's views. Mr. Everett has good canyon views from the back (east) of his property. He believes Mr. Everett has contradicted himself by stating he has deciduous trees on the west side of his house and at the same time is concerned about his sunset view. He also stated that the deciduous trees are on his property to protect his house from the glaring rays of the sun. At the same time he is saying he would like to see those rays. In his opinion, the project should be allowed. The project is within the codes. The applicant has cut the height of the project and also attempted to work with Mr. Everett. Chair/Flamenbaum declared the public hearing closed. June 12, 1995 Page 13 Planning Commission AP/Searcy stated that with respect to Mr. Volbeda's request to the Planning Commission to approve the application as submitted to the Community Development Director, the applicant did not submit an appeal of the Planning Director's decision. What is before the Planning Commission this evening is whether to grant the appeal by the appellant or to sustain the action by the Community Development Director. In response to Chair/Flamenbaum, AP/Searcy stated the project site currently incorporates a cellar area which, by code, is habitable. AstP/Lunge stated the existing cellar contains a master bedroom suite, a family room with fireplace and one additional bedroom. C/Meyer stated this is a circumstance that is indicative of working with a set of development standards that the City would like to throw out and which is one of the reasons the City incorporated. To date, there is not a foundation available to create the development standards that would reflect division for Diamond Bar. If a General Plan is not passed, there is no Development Code. Therefore, the City must deal with the rules that have been established and that the City accepted when it incorporated. He stated he visited the project site and the neighborhood is developed with two story homes which are larger than the proposed project. The development of "The Country Estates" was based on building on the ridgelines. Mr. Everett's house would be the biggest offender under most hillside development standards. His property is right on top of the hillside and he has development opportunities to build up to 35 feet. Therefore, his would be a significant structure on top of a knoll or ridgeline. These are the issues that the City has determined to avoid in any future development standards. In terms of a view, it is difficult to determine "view" when there is no definition of "view". To some extent, the definition is subjective as to whether it is measured from the finish grade or from the ridge beam of a structure. Buying property in hillside development is advantageous and can provide a view of surrounding area and the views afforded from property can add a great deal of value to the property. The relationship between the two properties under consideration is not unusual throughout the neighborhood and "The Country Estates". He indicated that from his perspective, the view from Mr. Everett's house is to the east rather than to the west. The panoramic view to the east is worth preserving. In terms of equal application of the Development Code that the City has, Mr. Everett possesses the structure that the applicants are attempting to build on their property. He stated he sees nothing unusual about the proposed project. The project will have some impact as a consequence of urbanization. June 12, 1995 Page 14 Planning Commission C/Meyer stated that, in his judgement, the view from Mr. Everett's property is not being impacted because the view is to the east. Although Mr. -Everett made a very eloquent case, viewshed is not a private domain. The development proposal approved by the Community Development Director is as sensitive to the impact of the surrounding area as can be made given the existing development standards. He stated he does not support the appeal. VC/Huff stated he agrees with C/Meyer's comments. Mr. Everett was indicating that the codes should be a starting point. Codes work both for and against a property owner because it allows Mr. Everett to build up to a 35 foot level which would give him a similar view to what he enjoys now. He indicated he viewed the property and just as Mr. Everett's view will be impacted by the proposed project, the applicant will be impacted when Mr. Everett elevates his property. This places the City in the position of having to determine who's view is most important. The truth is, they are both important. The City does not have objective criteria, it is subjective. He stated that it is also his opinion that Mr. Everett's primary view is to the east. If he wishes a perennial view of the sunset it would have been better for him to reside on the other side of the street. That is not to say that one view is better than the other. At this time, Mr. Everett enjoys two views. It is fair to say that any property can be developed at any time, such as the property to the northeast of Mr. Everett which is currently undeveloped. The land outstrips the value of the smaller homes that were originally built in the area. Cellar as opposed to basement has a legal meaning to the City and these are the guidelines under which development in Diamond Bar is considered. -The builder is making a good faith effort by reducing the height of the structure which will help preserve some view for Mr. Everett. He stated he does not support the appeal. C/Schad stated he concurs with VC/Huff and C/Meyer. The City does not have a Development Code and therefore must work within the legal means available at this time. The visibility factor is serious and depends on each individual point of view. In this instance, Mr. Everett has an equal opportunity with the applicant to increase his structure. He stated he would not support Mr. Everett's appeal. C/Fong stated he does not see any reason to deny the applicant and concurs with the other Commissioners. Mr. Everett has equal opportunity to develop his property. Mr. Everett lives in an urban area where others have the right to build and a compromise is called for. If the City of Diamond Bar had a Development Code, C/Fong stated June 12, 1995 Page 15 Planning Commission he believes it might not allow building where Mr. Everett's dwelling is located. The City would encourage building on the hillsides and not on the ridge tops. The City would preserve the ridge tops. Los Angeles County continues to allow ridge top building and the ridge tops and valleys are being lost. When Mr. Everett bought the property there were no controls to restrict the surrounding development. In this case, C/Fong stated he feels the applicant is making every effort to give Mr. Everett as much view as possible. He further stated he sees no reason grant denial of this project. A motion was made by C/Meyer and seconded by VC/Huff to sustain the Community Development Director's approval of Administrative Development Review,No. 95-7. Chair/Flamenbaum stated he is tired of the mansionization of the country. C/Fong stated he agrees with Chair/Flamenbaum. The motion was approved 5-0 with the following roll call: AYES: COMMISSIONERS: Meyer, VC/Huff, Schad, Fong, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None RECESS: Chair/Flamenbaum recessed the meeting at 8:45 p.m. RECONVENE: Chair/Flamenbaum reconvened the meeting at 8:55 p.m. NEW BUSINESS: 2. Review of Fiscal Year 1995-96 Capital Improvement Program (CIP) for conformity with the General Plan pursuant to Section 65401 of the Government Code, continued: Responding to previous Planning Commission questions, AP/Searcy stated the Grand Avenue Rehabilitation Project is included in the current f iscal year. This project includes improvements related to the Calvary Chapel and the proposed Grand Avenue Hospital improvements as conditioned by the Planning Commission. The undergrounding will occur before the sidewalks are constructed. This is also a part of the current year budget. Both school districts have a reciprocal agreement with the City. The Lorbeer Junior High School improvement will allow the City access to larger acreage and additional time for use of the school facilities. The primary uses will be for soccer and football league. A motion was made by C/Meyer and seconded by VC/Huff to adopt Resolution No. 95 -XX finding conformity with the June 12, 1995 Page 16 Planning Commission contemplated General Plan and recommending City Council Approval of the Fiscal Year 1995-1996 CIP. The motion was approved 5-0 with the following roll call: AYES: COMMISSIONERS: Meyer, VC/Huff, Schad, Fong, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None INFORMATIONAL ITEMS - None PLANNING COMMISSION ITEMS - None ANNOUNCEMENTS - None ADJOURNMENT: Chairman Flamenbaum declared the meeting adjourned at 9:00 P. -M. Respectfully Sub ted, Rbert L. Sea Associate Planner Attest: Bruce Flamenbaum Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 26, 1995 CALL TO ORDER: Vice Chairman Huff called the meeting to order at 7:10 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 Commissioner Fong. ROLL CALL: Present: Commissioners: Vice Chairman Huff, Commissioners Meyer, Schad and Fong. Absent: Chairman Flamenbaum Also Present: Community Development Director James DeStefano; Associate Planner Robert Searcy; Assistant Planner Ann Lungu; Recording Secretary Carol Dennis. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of June 12, 1995. A motion was made by C/Meyer and seconded by C/Schad to approve the minutes as presented. The motion was approved 4-0 with the following roll call: AYES: COMMISSIONERS: Meyer, Schad, Fong, VC/Huff NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Flamenbaum OLD BUSINESS - None NEW BUSINESS: 1. Replacement of City Entry Signs. CDD/DeStefano stated in accordance with Section 112B of the Sign Code, official city monument signs located at City limits shall be submitted to the Planning Commission for an advisory architectural review prior to installation. City staff requests Planning Commission review of proposals for June 26, 1995 Page 2 Planning Commission installation of City entrance signs at the western City limits along Golden Springs at Calbourne and a replacement sign to be located along Grand Avenue at the SR 60. As directed by the City Council, the staff has prepared several entry sign design options. A subcommittee of the City Council has reviewed the proposals and recommends the installation of new City entrance signs at the two locations referenced and the replacement of the existing signs located at other major City entrance points. Five conceptual drawings were rendered for the City's entrance signs by a City engaged architect. In addition, the City has the option of retaining the existing design or creating an identification sign similar to the City park's identification signs reviewed by the .Planning Commission in May, 1995. The City Council's subcommittee recommends sample No. 1 as the new entrance sign. Staff recommends the installation of concept No. 1. The intent is to mount the existing entry signs diamond on a three foot rock base. The sign height would be approximately 10 to 11 feet. Staff recommends that the Planning Commission review the entry signage alternatives outlined within the attached report and provide the City Council with comments and recommendations on a preferred entry sign design. C/Schad stated he prefers design No. 5. He is concerned that design No. 1 might be subject to vandalism. He further stated the current diamond is a mass of rust. C/Fong indicated he prefers the banner type sign (sample No. 4). C/Meyer stated he is disappointed that the Planning Commission's role relative to the review of signs to be used for public purposes is limited to review and comment. In other cases with respect to the sign ordinance, the Planning Commission reviews, analyses, makes recommendations and concludes with a decision. He further stated the biggest disappointment is that the City, rather than leading by example, chose to violate its sign ordinance by erecting the current signs. The City has established regulations for everyone to follow except the City. In his opinion, the City should hold itself to scrutiny with respect to the ordinances it adopts. He indicated there are a number of communities throughout California that use precast concrete signs that he believes are exemplary. He would like to see this type of sign utilized for identifications signs for Diamond Bar. He referred the Commission to the City of Pomona signs as an example. He suggested that the Planning Commission table the item, direct staff to bring back a modification of the sign ordinance to give the Planning Commission the same authority June 26, 1995 Page 3 Planning Commission to consider public signs as it has to consider privately owned signs, and that the signs be erected in compliance with the City's regulations. VC/Huff stated he likes the concept of a banner sign although he is disappointed with the balance of the sign. The problem with the banners is the height and restricted view. In response to VC/Huff, CDD/DeStefano indicated the current signs are approximately 20 feet high. with the exception of the park sign, the concept samples would exceed the height of the current sign ordinance. The Planning Commission could forward a recommendation to the City Council for an alternative sign and that the sign be reduced in height to conform with the sign code. VC/Huff commented that it is curious that the City has exempted itself from the process and height on its signage. He indicated he is in favor of having the Planning Commission make the final determination. Responding to VC/Huff, C/Meyer stated many communities invoke the same criteria for public and private sectors. All Planning Commission decisions can be appealed to the City Council. In addition, the City Council can bring the item up for appeal. VC/Huff stated he would support the concept to.abide by the rules of the community. A smaller sign would be preferable due to cost and potential vehicle damage. He stated he would like to see designs that are more to the scale of the sign ordinance. If the City Council ignores the Planning Commission request, he recommends concept sample No. 1. As an alternate, he prefers concept sample No. 4. A motion was made by C/Meyer and seconded by C/Schad to table the item. C/Fong stated his concern that a median monument sign is a potential traffic hazard. The motion was approved 4-0 with the following roll call: AYES: COMMISSIONERS: Meyer, Schad, Fong, VC/Huff NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Flamenbaum A motion was made by C/Meyer and seconded by C/Schad to direct staff to prepare an amendment to the sign ordinance that would provide the same discretionary review before the Planning Commission for public signs, as well as private signs and that the restrictions currently placed on median signs be held to the current design criteria for the private sector. The motion was approved 4-0 with the following roll call: June 26, 1995 Page 4 Planning Commission AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Meyer, Schad, VC/Huff None None Chair/Flamenbaum Fong, C/Meyer recommended that the Planning Commission advise the City Council subcommittee to research the existing monument signs utilized by other communities throughout the southern California area. PUBLIC HEARING: Conditional Use Permit No. 95-3. A request to operate an unmanned public utility substation for a cellular communication facility with a 60 foot monopole with antennae and microwave dishes. The radio equipment will be housed within an underground vault. Because C/Meyer's business is located at the site under consideration for this project, he recused himself and left the dais. AP/Searcy stated the General Plan land use designation for the subject site is CO (Commercial/Office) and the site is located in Zone C -2 -BE (Neighborhood Business Zone). The current site is developed with a two story office building and is approximately .69 acres. This project will encompass no more than 600 square feet. Surrounding the subject site to the north, south, east and west are the overpasses of the State Route 57 (Pomona Freeway) and State Route 60 (Orange Freeway) . The CalTrans maintenance yard is located immediately to the southeast of the site and extends south along the property line. The Gateway Corporate Center overlooks the site from a distance of over 400 feet. The closest residential development lies almost 600 feet fron the project site. As cellular service increases there is a need for the expansion of the cell sites. These locations have largely focused in proximity to the SR 57 & 60 freeways to serve mobile users. The distances between sites is a function of topography and height since the transmissions are made at very low power levels to ensure that no harmful effects are produced for persons standing, working or living near the facility. Currently, the are five repeater stations operating in the City of Diamond Bar. All of these repeater stations are located adjacent to or nearby the freeways. There is a radio repeater and two cellular repeater stations currently operating at Diamond Bar High School. The applicant has a site at Diamond Bar High School and at the corner of Golden June 26, 1995 Page 5 Planning Commission Springs Drive and Torito Lane. The repeater station also links to a site in the City of Industry. The provision of cellular communication in this area by the applicant, AirTouch Cellular, is conducted via transmission over the three existing sites. The purpose for the proposed site is to offload cellular traffic especially during morning and evening peak hours from the surrounding cell sites and to enhance service in the surrounding area. AirTouch has historically made efforts to find locations for repeater stations that capitalize on existing development to construct repeater stations. This site was unable to construct the transmitting equipment on the existing infrastructures surrounding this project, such as the Radisson Hotel and the existing adjacent office building. The application requests approval to locate a cell site, including a 60 foot steel monopole with three antenna arrays (21 total antennae) and three microwave dishes, three 16 foot whip antennae and an underground equipment vault, at an existing two story office building on a .69 acre site. The proposed 60 foot height conforms with the height of other approved monopoles within the City. Because of the grade differential between the freeway, the area adjacent to the freeway and the area available for the project, this height is desired by the applicant to deliver the required level of service. The 60 foot monopole is proposed for the storage area located on the eastern elevation of the office building adjacent to the CalTrans maintenance yard and exposed to the south bound SR 57 freeway. The monopole will extend approximately 19 feet above the highest of the two overpasses and 45 feet above the lower overpass. Traffic generated by the proposed project will be minimal and will not exceed 24 total trips per year. This calculation is based on the presumption that maintenance of the proposed facility will not exceed one incoming and one outgoing trip per month. Based on the project number of trips generated by the existing two story mixed use office building ( 6, 000 square feet), the project's impact to the cumulative traffic generation will not be significant. The primary concerns that the staff sought to address are health, compatibility and aesthetics. Research has not found there to be any evidence to support concerns by a few lay persons that the use of cellular phones and microwaves can cause ill health. The project does not propose the use of any technologies in a manner that exceeds or creates a situation that can cause adverse health effects. A review of the Code Enforcement complaints does not support any findings that problems have occurred. Additionally, the Federal Communication Commission (FCC) has established parameters of June 26, 1995 Page 7 Planning Commission CDD/DeStefano requested the Planning Commission not comment on the document since the Commission and staff had not had an opportunity to review and comment on the material. This would be an appropriate topic for the supplemental staff report and discussion for the July 10, 1995 Planning Commission meeting. Mr. Richards summarized the supplemental report for the Commission. He stated the proposed site will permit offloading from the three existing sites and improvement of reception. He indicated that because the motorists are preoccupied negotiating the interchange, the proposed monopole would have minimal visual impact. He further stated that the Radisson Hotel building is too high for the proposed facility. A motion was made by C/Schad and seconded by C/Fong to continue Conditional Use Permit 95-3 to July 24, 1995. C/Fong requested the applicant to provide a photograph of the proposed site and monopole simulation from the SR 57 north to the SR 60 west overpass. Mr. Mears responded that the location was too dangerous for obtaining such a photograph. CDD/DeStefano stated staff would direct the applicant on the alternatives for meeting the request. C/Fong further requested the applicant provide locations from which the photographs were taken and that the perspectives of the proposed monopole by verified. The motion was approved 3-0 with the following roll call: AYES: COMMISSIONERS: Schad, Fong, VC/Huff NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Meyer ABSENT: COMMISSIONERS: Chair/Flamenbaum C/Meyer returned to the dais. INFORMATIONAL ITEMS - None PLANNING COMMISSION ITEMS: CDD/DeStefano, responding to C/Meyer stated the General Plan is before the City Council. The next public hearing discussion is July 11, 1995 to determine whether to adopt the General Plan that evening or put the matter to the voters. If the General Plan is put to the vote of the citizens, the Council will determine the form and fashion. Responding to VC/Huff, CDD/DeStefano stated the Planning Commission could proceed with several of the code amendments previously discussed. A General Plan is not required to be in effect in order to enact some of the amendments. The City Council approved the fiscal 1995-1996 budget which included the Development Code project. Staff will agendize a work June 26, 1995 Page 8 Planning Commission program for the Planning Commission to begin the process. He encouraged the Commissioners to provide staff with any additional comments regarding their top ten list of concerns for the Development Code. In response to C/Fong, CDD/DeStefano stated specific aspects of the General Plan could be taken to the voters. The major concern is the identification of the items of dispute. ANNOUNCEMENTS - None ADJOURNMENT: Vice Chairman Huff declared the meeting adjourned at 8:00 p.m. Respectfully Submitted, PesDeSt a e f o Community Dev lopment Director Attest: Ro ert gulf/// Vice Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 24, 1995 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at 7:10 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 Commissioner Meyer. ROLL CALL: Present: Commissioners: Chairman Flamenbaum, Vice Chairman Huff, Commissioners Meyer, Schad and Fong. Also Present: Community Development Director James DeStefano; Assistant Planner Ann Lungu; Consulting Engineer Mike Myers; Recording Secretary Carol Dennis. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of June 26, 1995. VC/Huff stated that the motion on Page 7, Paragraph 5 should be corrected to indicate a vote of 3-0 so that sentence reads: "The motion was approved 3-0 with the following roll call:" A motion was made by C/Meyer and seconded by C/Schad to approve the minutes as corrected. The motion was approved 4-0 with the following roll call: AYES: COMMISSIONERS: Meyer, Schad, Fong, VC/Huff NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Flamenbaum ABSENT: COMMISSIONERS: None OLD BUSINESS - None NEW BUSINESS: 1. General Plan Conformity Report for Vacation of Right -of - Way (Gone Court) Pursuant to Government Code 565402. CD/Myers stated the City of Diamond Bar has received a request from the Cross Keys Homeowners Association to July 24, 1995 Page 2 Planning Commission vacate Gona Court southerly from Golden Springs Drive to its cul-de-sac approximately 425 feet southerly. This property was dedicated to public use with the recording of Tract No. 34157 and is fully improved. There exists public utility, sanitary sewer and storm drain facilities within the public right-of-way. However, as the facilities exist it would be necessary, should the vacation be approved, that the property be reserved for public utility and public services easements. In accordance with Section 65402(a) of the Government Code, no real property shall be disposed of or street vacated until the Planning Commission reports on conformity of the location, purpose and extent with the General Plan. Gona Court is not shown in the Draft General Plan nor on the Master Plan of Highways as a primary or secondary highway. The design and dedication of this street for circulation purposes is for specific service to the adjacent properties which are all members of the Cross Keys Homeowners Association. CE/Myers continued that this proposed vacation appears to be in conformance with the Draft General Plan. There is little or no probability that taking this recommended action would be detrimental to or interfere with any future adopted General Plan. Additional Section 892 of the Streets and Highways Code requires that the City Council find that the right-of-way is not useful as a non -motorized transportation facility (bicycle, pedestrian or equestrian way). Gona Court is not shown in the Draft General Plan to be planned nor required for bicycle, pedestrian or equestrian use. Therefore, the property is found: not to be required for general public access or circulation; not to be any longer needed for the present nor for the prospective use of the general public which use cannot be served by the reservation of a public utility and public services easement; and not to be useful as a non -motorized transportation facility. Pursuant to Section 15312 of the California Environmental Quality Act (CEQA), this matter is categorically exempt. July 24, 1995 Page 3 Planning Commission Staff recommends that the Planning Commission approve the attached resolution finding and reporting that: 1) pursuant to Section 65402 of the Government Code, the location, purpose and extent of the vacation of this property is in conformance with the Draft General Plan; and further recommending that, 2) as required by Section 892 of the Streets and Highways Code, the City Council find that Gona Court is not useful as a non -motorized transportation facility. A motion was made by C/Meyer and seconded by VC/Huff to adopt the resolution. Responding to Chair/Flamenbaum, CE/Myers stated that, upon vacation, the maintenance for the public utilities would be the public utility entities. The storm drains would continue to be maintained by Los Angeles County Flood Control District and the sewer would be maintained by the Consolidated Sewer Maintenance District. There are some Los Angeles County storm drains located in "The Country Estates". The City does not pay for the maintenance of storm drains. The City does pay for the maintenance of catch basins and inlets as required under the City's commitment to the National Pollutant Discharge Elimination System (NPDES). Chair/Flaiaenbaum stated he is concerned about the trend toward the City giving up street right-of-ways. CE/Myers responded that if the Planning Commission finds this request to be in conformance with the General Plan, the matter will proceed to the City Council in accordance with other sections of the Government Code regarding vacations of public right-of-ways. The matter is subject to public notice, public hearing and deliberation by the City Council. Chair/Flamenbaum indicated he does not see a benefit to the City with respect to the vacation. In addition, he questioned why the City would not vacate every street and thereby save money on road repair. CE/Myers responded that the City could save maintenance and liability costs. C/Meyer stated his reason for the motion to adopt the resolution was that the resolution meets the criteria for the Draft General Plan. He indicated that his observation of Gona Court is that it has very little public benefit. Currently, the City of Diamond Bar is asked to maintain what is essentially a private street with access only to the condominium development. The benefit of vacation is reduced costs to the City and its taxpayers. July 24, 1995 Page 4 Planning commission Chair/Flamenbaum stated the next step after vacation of this street will be the installation of a gate. He further stated that, in his opinion, this is contrary to the intent of the Draft General Plan. C/Meyer stated that the least amount of property held by a public entity is of benefit to the community because the City does not have to maintain the property, the liability is reduced and the property is taxable. VC/Huff stated he agrees with C/Meyer that Gona Court is surrounded by the condominium project. He indicated he sees no benefit for the City to retain the street. He further stated he is not prepared to propose the privatization of all streets. In addition, he stated that a request for a gate at the street entrance would be a separate consideration by the City. Chair/Flamenbaum stated that while he does not have a problem with vacating Gona Court, he does not agree that this resolution conforms with the intent of the Draft General Plan. He indicated he is concerned with the trend. C/Meyer stated that upon approval of vacation of Gona Court, he would favor amendments to the Cross Keys Homeowners Association CC&R's to insure the proper maintenance of the property. CE/Myers responded that the complex has other streets which have been well maintained. The Cross Keys Homeowners Association CC&R's have been reviewed by the Department of Real Estate. The vacation will result in amendments to the CC&R's and the budget. CE/Myers responded to C/Schad that the public services easements will remain with the street. The lighting system, upon vacation of the property, will be taken out of the Street Lighting Maintenance District and the cost for power and maintenance of the light poles will become the responsibility of the homeowners association. The current infrastructure will not be disturbed. The lighting cost is based upon an fixed annual per -pole fee. CDD/DeStefano, responding to C/Fong and Chair/Flamenbaum stated that upon request from the Cross Keys Homeowners Association for installation of a gate at Gona Court and Golden Springs Road, the matter would come before the City for consideration and approval. July 24, 1995 Page 5 Planning Commission The motion to approve the resolution was approved 4-1 with the following roll call: AYES: NOES: ABSTAIN: ABSENT: CONTINUED PUBLIC HEARING: COMMISSIONERS: Meyer, VC/Huff, Fong, Schad COMMISSIONERS: Chair/Flamenbaum COMMISSIONERS: None COMMISSIONERS: None 1. Conditional Use Permit No. 95-3. A request to operate an unmanned public utility substation for a cellular communication facility with a 60 foot monopole with antennae and microwave dishes. The radio equipment will be housed within an underground vault. Continued from June 26, 1995. Because C/Meyer's business is located at the site under consideration for this project, he recused himself and left the dais. CDD/DeStefano stated this item was continued in order for the applicant to provide additional photographs requested by the Planning Commission. In addition, the Planning Commission and staff requested additional time to examine documents provided by the applicant on June 26, 1995. Data contained in the report indicates that the applicant is seeking a site that meets their criteria for efficiency rate. Staff has noted the receipt of more and more questions and comments regarding monopoles and other cellular telecommunications devices in the community. In staff's opinion, this is a result of a growing use of these types of tools in the immediate area as well as, the sale of additional air wave rights allowing more users in the area. The applicant has focused on the site known as the "Walnut Pool" site. The applicant believes that this is the best location to connect with the existing cell sites in the immediate area. The monopole is proposed not to exceed a height of 76 feet. The applicant has looked at a number of other sites in the immediate area including the Raddison Inn. Staff has indicated several concerns with the proposed location. Staff believes that a monopole of up to 76 feet in height is inappropriate for the proposed location within the community. Staff is not opposed to the technology. In fact, the City has approved a number of cell sites over the past five years. Cell sites have been approved at the Diamond Bar High School, Torito Lane, Prospectors Road and the Raddison Inn. Each of these locations have been modified from the original request of the applicant. All of the approved sites July 24, 1995 Page 6 Planning Commission have resulted from the cooperative effort of the applicant and the City. Staff feels this cooperative effort is lacking with this application. The City has a draft General Plan that encourages aesthetic values which are described in policy statements. The City is seeking the retention of "Country Living" by various definitions. The City is seeking overall superior land use planning and the protection of views from properties and developments. A number of scenic areas have been identified as posing ideal characteristics for preservation, not the least of which has been the SR 57 corridor. The City has spent considerable time and energy to encourage the utility companies to underground utilities that are currently located overhead within the community. For the past six years, the City has required underground utilities for all new developments. The City, through policy statements and regulations, has adopted low -scale monument signage and 35 foot height building maximums in most zones. Staff believes the application is inconsistent with the General Plan and policy statements the City has adopted and implemented over the last few years. Alternative locations and heights need to be explored by this applicant. Absent a specific willingness by the applicant to seek, at a minimum, an alternative height, if not an alternative location, staff recommends the Planning Commission deny the application by directing staff to prepare the appropriate resolution. CDD/DeStefano, responding to C/Schad, stated that the applicant's package incorporated the identification of Walnut Pool's at the top of the monopole. Staff indicated such signage was inappropriate. The applicant stated at the June 26, 1995 meeting that should the application be approved, they would remove the signage from the top of the transmission tower. Responding to C/Fong, CDD/DeStefano stated the existing Walnut Pool sign is a non -conforming sign. The sign was established in 1978. Based upon the existing sign ordinance, the sign has a 15 year life. The Planning Commission could include the elimination of the current sign into an approval for a future development of the site. The existing sign is 35 feet high and the current ordinance allows a sign of 6 feet in height. Chair/Flamenbaum declared the public hearing reopened. Joe Richards, Richards Mueting Wilkes Planning & Engineering, 6529 Riverside Avenue #115, Riverside stated his firm represents AirTouch Cellular on this matter. He introduced Maria Lamb, AirTouch Radio Frequency Group and Eric Mears, July 24, 1995 Page 7 Planning commission Real Estate and Site Development Group. He stated that staff's concern that cities and counties are becoming increasingly concerned about towers is valid. Despite the concern, the cellular source is a regional service and the objective is to give customers the ability to access the network through cellular facilities that are permitted in adjacent cities. The applicant recognizes there is no obligation for the cities and counties to provide for this service. The two current AirTouch facilities reside on buildings. He stated that in his opinion, AirTouch has made ever effort to locate on buildings when they exist. In this case, there is no building to house the proposed site. Based on analysis of the City of Diamond Bar, the proposed site is a good location for a monopole. The proposed isolated commercial property site is adjacent to a freeway infrastructure and a CalTrans facility. He further stated there has been no written or verbal opposition to this project. Regarding aesthetics, the need for cellular facilities is increasing. Cellular facilities provide business and residential use as well as 911 emergency access. He stated that, in his opinion, the service provides a better quality of urban life. The industry has an obligation to consider co - locations and existing structures where feasible for its facilities. He indicated he believes AirTouch has fulfilled this obligation. AirTouch believes that a monopole is a proper support structure for the Diamond Bar location and the site is conducive to such a structure. Responding to VC/Huff, Mr. Richards stated that some AirTouch locations are in the process of converting to digital service. With the advent of digital service, there will continue to be a need for the monopole at this site to handle the capacity. Mr. Richards responded to C/Schad that, at the discretion of the property owner, AirTouch would be amenable to having another cellular company co -locate on the monopole. Maria Lamb, AirTouch Cellular and a Diamond Bar resident stated the proposed site is a split between the cell site at Rowland Heights and Golden Springs Drive. She emphasized the site is needed to accommodate the projected increase in use. She further stated that the Raddison Hotel building was considered for a cell site, however, it is too high. In response to VC/Huff, Ms. Lamb stated any location on the Raddison Hotel building is too high to accommodate the line of site. Of the sites considered, the Walnut Pools location is the best. July 24, 1995 Page 8 Planning commission C/Fong asked if the current AirTouch cell sites could be relocated to accommodate a more favorable site than the Walnut Pools location. Ms. Lamb responded AirTouch has considered that possibility. However, because of the terrain, it is not feasible to alter the existing sites to meet the current facility needs. A temporary cell site was located on Valley Boulevard between Brea Canyon Road and Lemon Avenue which proved inadequate. Eric Mears, Site Development Manager, Air Touch Cellular and a Diamond Bar resident, responded to VC/Huff that even going to the lowest level on the side of the Raddison Hotel building, the facility would be much higher than the proposed site at Walnut Pools. The facility could not be placed low enough to be in contact with the other cell sites in the vicinity. The facility currently located on the side of the Raddison Hotel building allows for only two sectors. The Walnut Pools site would allow for three sectors which would accommodate all outlying cell sites. Responding to C/Fong, Mr. Mears stated AirTouch has researched the possibility of relocating the current sites to accommodate a new cell site and found that there would continue to be a gap in service due to the terrain. Mr. Mears, in response to C/Schad, stated all cell sites are licensed with the FCC. Other possible sites were identified by AirTouch. However, the proposed Walnut Pools site appears to be the most technically feasible. There is currently a temporary cell site located on the Shell Oil property in Tonner Canyon. Responding to Chair/Flamenbaum, Mr. Mears stated AirTouch will be offering digital service. It is not currently available commercially. Ms. Lamb responded that the proposed monopole at the Walnut Pools location will not operate on the same frequency as the Rowland Heights or the Torito Lane and Golden Springs Drive cell site. Interference will occur if the users cell phone is operating at the same frequency as the cell site. The proximity of cell sites depends on the transmission power and the site height. Chair/Flamenbaum stated the proposed site is not offensive to him. However, as the need for service increases so do the requests for additional sites and the Diamond Bar area will soon look like an antenna farm. In response to Chair/Flamenbaum, Ms. Lamb stated the Raddison Hotel building is not a good site for micro cell application. Micro cell operates on zone areas and the zones have to be interconnected with fiber optics. Clustering will not accommodate the corridor which needs to be improved. Chair/Flamenballim stated there are sites other than the July 24, 1995 Page 9 Planning Commission Raddison Hotel that would accommodate clustering of the cell sites. Ms. Lamb responded that the Diamond Bar Honda location suggested by Chair/Flamenbaum would not facilitate the handoff proceeding southbound on the SR 57. Mr. Mears stated it is contemplated that technology will surpass the need for any additional cell sites in this area. As the digital technology advances, the current frequencies should provide greater usage. Micro cell technology is very limited and clustering would not prove to be effective. Mr. Mears responded to C/Schad that the existing tower to the east of the Raddison Hotel is located at Golden Springs Drive and Torito Lane. Responding to C/Fong, Mr. Mears stated that the Diamond Bar Golf Course would be too easterly for a monopole site to provide a clean line of site to the next cell site to the west. In addition, it would be too close to the Golden Springs Drive and Torito Lane site. C/Fong stated he has a problem with the proposed site and staff's indication that the applicant is unwilling to consider other sites. He further stated the applicant has not provided anything in writing to the Planning Commission to indicate that any alternate studies have been conducted by AirTouch. Chair/Flamenbaum declared the public hearing closed. CDD/DeStefano stated that the Planning Commission has had the opportunity to hear the staff report and receive testimony from the applicant. The applicant has yet to respond to the Planning Commission request for additional photographs showing this particular site at the proposed location. According to the applicant's testimony, the Planning Commission is considering a site that is poor planning on the part of the applicant. This site has been chosen principally to fulfill the needs of the applicant. It seems to staff that this is an inappropriate height for this utility at the proposed location. The Planning Commission has considered a number of projects over the last few years. There has always been concern expressed for the degradation of the community and the quality of urban life. In addition, there have been concerns regarding aesthetic values, retention of open space and the continuing urbanization of the community. The application before the Planning Commission is for the eighth facility within the City of Diamond Bar. CDD/DeStefano stated that the staff recommends that the Planning Commission take action to deny this particular application at the proposed location. July 24, 1995 Page 10 Planning commission In response to Chair/Flamenbaum, CDD/DeStefano stated NexTel is proposing a 50 foot monopole next to the Diamond Bar Honda location. LA Cellular is proposing a 90 foot monopole at Brea Canyon Cutoff. LA Cellular has a temporary facility on Pathfinder Road. VC/Huff stated he is concerned with the proliferation of towers in the community. He indicated the community is attempting to underground utility services. Erecting monopoles in the City of Diamond Bar does not lend to the country living atmosphere which the City's residents are seeking. However, there is a need to access 911 and have the cellular benefits available for emergency. He stated he is concerned with the large number of projected cell sites due to increase in demand. He further stated he is also concerned that staff has taken a strong position on this matter. Since staff usually does not respond in this matter, it indicates to him that there are unanswered questions regarding this proposal. Therefore, he indicated he would like to see the applicant work with staff to consider additional alternatives and present the results to the Planning Commission for further consideration. As a result of the Walnut Pools location proposed to be the only site considered by AirTouch he stated he would not be in favor of this proposal. C/Schad stated he discussed the proposal with the applicant. Based upon discussions this evening, he is concerned that more should be done by the applicant to research an alternate location in order to improve the aesthetics of the City. C/Fong stated he is not in favor of the AirTouch proposal. In his view, a better location can be determined in order to preserve the aesthetics of the community. Mr. Richards requested a continuance to October 9, 1995. Chair/Flamenbaum stated he feels the proposed site is perfect. He indicated he has difficulty with future proposals and the inability of cellular companies to co -locate their facilities. Mr. Richards responded that AirTouch is willing to work with competitors to share facilities. He stated they will contact NexTel to discuss the matter. A motion was made by C/Schad and seconded by VC/Huff to continue Conditional Use Permit No. 95-3 to October 9, 1995. The motion was approved 4-0 with the following roll call: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Schad, VC/Huff, Fong, Chair/Flamenbaum None Meyer None July 24, 1995 Page 11 Planning Commission C/Meyer returned to the dais. PLANNING COMMISSION ITEMS: VC/Huff stated he is pleased to see the signs acknowledging the businesses during the Grand Avenue rehabilitation project. ANNOUNCEMENTS: CDD/DeStefano stated that the City of Diamond Bar is the host City for the East San Gabriel Planning Committee meeting to be held Thursday, July 27, 1995 at 6:30 p.m. at the Raddison Hotel. Dr. David Bess, CalPoly Urban Planning Professor who is a former Dean of the School of Environmental Design will present 1115 Way to Fix the Suburbs". He encouraged the Planning Commissioners to attend. CDD/DeStefano stated consideration of the Draft General Plan is agendized for the July 25 City Council meeting. ADJOURNMENT: Chairman Flamenbaum declared the meeting adjourned at 9:00 p.m. Respectfully Submitted, /s/ James DeStefano James DeStefano Community Development Director Attest: /s/ Bruce Flamenbaum Bruce Flamenbaum Chairman 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 ,�MC/a�or Pro Tan Werner FROM: Linda G. MagnusoM', ��A`\ccounting Manager SUBJECT: Voucher Registers, September 5, 1995 DATE: August 31, 1995 Attached are the Voucher Registers dated September 5, 1995. You will notice there are two voucher registers. This is due to the Fiscal Year ending June 30. There is a register for expenditures allocated to FY94-95 and one for FY95-96. As requested, the Finance Department is submitting the voucher registers for the Finance Committee's review and approval prior to their entry on the Consent Calendar. 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 listings of vouchers dated September 5, 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 Fund 115 Int. Waste Mgt. Fund 118 Air Quality Management Fund 125 CDBG Fund 138 LLAD 038 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 225 Grand Ave. Const. Fund 250 CIP Fund TOTAL ALL FONDS APPROVED BY: Linda G. lg�n�on Accounting Manager j.rN,W.nVc.L. Belang City Manager AMOUNT $663,973.55 27,801.11 897.61 1,039.70 131.37 6,933.58 1,889.88 17,663.10 178,302.17 69.567.00 $968,199.07 Phylis E . Papen Mayor Mayor (Prd Tem JN 'IME: '4.31 3 1 S = R =AGE "17 z NO- SH' 7-4 Fn L INE -------------------------------------------------------------------- -------------------------------------------------------------- --e' 1 L l2rhp - -- -------- L F' -5 dk �ty SGL '�,5 q - 7 2E 3 --- -------- 74".. ---- ---------- in 75 ",0 X, 4 4 o L o` U i a T a n B a^ 3 4 Q RUN TIME: 14:3703/31/9 V 0 U C H E R�3,9TP F�y IS' -1b NG= VENPOP NAME VENDOR ICS. 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I.I2PURSE ND T„AL _.:QCT =� ..;UE _ _': c-_:E'.:;E=YT=;vSE E:='7JE E; --------------------------------------------------------------------------------------------------------------------------------- __ i #4. --.t Aa_te ,yT,t F _ _ -- m ciTz Vr U11ftMVINIJ BAK AGENDA REPORT AGENDA NO. b J TO: Terrence L. Belanger, City Manager MEETING DATE: September 5, 1995 REPORT DATE: August 23, 1995 FROM: George A. Wentz, City Engineer TITLE: Notice of Completion for Traffic Signals Installation on Golden Springs Drive at Golden Prados Drive, Prospectors Road, and Carpio Drive SUMMARY: The City Council on March 7, 1995, awarded the contract to Macadee Electrical Construction for traffic signals installation on Golden Springs Drive at Golden Prados Drive, Prospectors Road, and Carpio Drive, for a total amount of $217,910.00 with a contingency of $22,000. The installation was completed on July 28, 1995. RECOMMENDATION: It is recommended that the City Council accept the work performed by Macadee Electrical Construction and authorize the City Clerk to -file the proper Notice of Completion and release any retention amounts per previously approved plans and specifications. LIST OF ATTACHMENTS:X Staff Report _ Resolution _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Specifications (on file in City Clerk's office) X Other (Notice of Completion) 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 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: r •`' "�: •'fir 1�"J -'' J1�•� - - �/�� _ Terrence L. Belanger ry Fr M. er ATeeorge A. Wentz City Manager Assistant City Manager City Engineer C:\WP60\LINDAKAY\AGEN95\GLSPGSIG.824 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 5, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Notice of Completion for Traffic Signals Installation on Golden Springs Drive at Golden Prados Drive, Prospectors Road, and Carpio Drive ISSUE STATEMENT File and Submit for recordation a Notice of Completion for traffic signals installation on Golden Springs Drive at Golden Prados Drive, Prospectors Road, and Carpio Drive RECOMMENDATION: It is recommended that the City Council accept the work performed by Macadee Electrical Construction and authorize the City Clerk to file the proper Notice of Completion. FINANCIAL SUMMARY: This process of filing Notice of Completion has no financial impact on the City's 1995- 1996 budget. BACKGROUND/DISCUSSION: The City Council, at their regular meeting of March 7, 1995, awarded the contract for the installation of traffic signals on Golden Springs Drive at Golden Prados Drive, Prospectors Road, and Carpio Drive to Macadee Electrical Construction, the lowest responsible bidder. The construction contract amount, including change order items, was $217,910.00. On July 28, 1995, Macadee Electrical Construction completed the installation of the signals. Staff has determined that the work is in accordance with the plans and specifications prepared and approved by the City. Prepared By: David G. Liu C:\Vn'C II AXAY\CCR_95\gkispsig.824 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: September 5, 1995 REPORT DATE: August 24, 1995 FROM: George A. Wentz, City Engineer TITLE: Notice of Completion for the Construction of Handicap Access Ramps in Diamond Bar. SUMMARY: The City Council, on April 18, 1995, awarded a handicap access ramp construction contract to Keiter Construction Co. for a total amount of $55,200 and a contingency amount of $8,000. The completed work has been determined to be in accordance with the plans and specifications approved by the City. RECOMMENDATION: It is recommended that the City Council accept the work performed by Keiter Construction Co. and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts after 35 days of filing, if no claims are made against the project, and Keiter Construction is deemed in compliance with the Davis -Bacon Act. LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specification (on file in City Clerk's Office) X Other: Notice of Completion 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? N/A Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: REVIEWED BY: Terre ce L. nger rank;W. U r ge A. We tz City Manager., Assistant ity Manager ;/A `City Engineer CITY COUNCIL REPORT MEETING DATE: September 5, 1995 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Notice of Completion for the Construction of Handicap Access Ramps in Diamond Bar. ISSUE STATEMENT File and submit for recordation a Notice of Completion for the construction of handicap access ramps in Diamond Bar. RECOMMENDATION It is recommended that the City Council accept the work performed by Keiter Construction Co. and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts after 35 days of filing, if no claims are made against the project and Keiter Construction is deemed in compliance with the Davis - Bacon Act. FINANCIAL SUMMARY This process of filing Notice of Completion has no financial impact on the City's 1995-1996 budget. BACKGROUND/ANALySIS The City Council, at their regular meeting of April 18, 1995, awarded the contract for construction of handicap access ramps in Diamond Bar to Keiter Construction Co., the lowest responsible bidder. This was a federally assisted construction contract involving the construction of one hundred (100) handicap access ramps along Diamond Bar Boulevard and Golden Springs Drive, and federal labor standards, including the 'Davis -Bacon Act' requirements were enforced. The final construction contract amount, including change order items, was $60,124 compared to the total authorized amount of $63,200. On July 14, 1995, Keiter Construction Co. completed construction of the handicap access ramps. Staff has determined that the completed work is in accordance with the plans and specifications prepared and approved by the City. Prepared Byl Anne Garvey NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is CITY OF DIAMOND BAR 3. The full address of the owner is 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CA. 91765-4177 4. The nature of the interest or estate of the owner is; In fee (If other than fee, str14e "In fee" and insert, for example. "purchaser under contract of purchase," or "lessee') 5. The full names and full addresses of all persons. if any, who hold title with the undersigned as joint tenants or as tenants in common are. NAMES ADDRESSES 6 A work of improvement on the property hereinafter described was completed on JULY 14, 1995 . The work done was: CONSTRUCTION OF 100 HANDICAP ACCESS RAMPS ALONG DIAMOND RAR BOULEVARD & GOLDEN SPRINGS 7. The name of the contractor, if any, for such work of improvement was I1FTTl7.R rnNSTRDCTTnN CrnnaANV DRIVE. APRIL 18, 1995 (If no contractor for warts of improvement as a whole, insert ' none"-) (Date of Contract) 8. The property on which said work of improverent was completed is in the city of DIAMOND BAR OS ANGELES County of LState of California, and is described as follows: CONSTRUCTION OF HANDICAP ACCESS RAMPS AT VARIOUS LOCATIONS ALONG D AMND •R BO FOR 7dn cPRrN,S DRIVE IN DIAMOND BAR, 9. The street address of said property is (It no street address has been officially assigned, insert "none".) Dated: Verification for Individual Owner I, the undersigned, say: I am the VERIFICATION Signature of owner or corporate officer of owner named in paragraph 2 or his agent the declarant of the fof,v -z ("President i "Manager of", ' A partner of", "Owner of', etc.) notice of completion: I have read said notice of completion and know the contents thereof; the same is true of my own knowledge I declare under penalty of perjury that the foregoing is true grid correct. Executed on , 19_, at Tate of signature.) (City where signed.) California. (Personal signature of the individual who is swearing that the the notice of completion are true.) NOTICE OF COMPLETION—WOLCCTTS FORM 1114—RE, 6-74 tnrlc,Cla55a1 - . Iger RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name CITY OF DIAMOND BAR Street 21660 E. COPLEY DRIVE, STE. 100 Actress DIAMOND BAR, CA. 91765-4177 C-ty g ATTIC: CITY GLM Late J NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is CITY OF DIAMOND BAR 3. The full address of the owner is 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CA. 91765-4177 4. The nature of the interest or estate of the owner is; In fee (If other than fee, str14e "In fee" and insert, for example. "purchaser under contract of purchase," or "lessee') 5. The full names and full addresses of all persons. if any, who hold title with the undersigned as joint tenants or as tenants in common are. NAMES ADDRESSES 6 A work of improvement on the property hereinafter described was completed on JULY 14, 1995 . The work done was: CONSTRUCTION OF 100 HANDICAP ACCESS RAMPS ALONG DIAMOND RAR BOULEVARD & GOLDEN SPRINGS 7. The name of the contractor, if any, for such work of improvement was I1FTTl7.R rnNSTRDCTTnN CrnnaANV DRIVE. APRIL 18, 1995 (If no contractor for warts of improvement as a whole, insert ' none"-) (Date of Contract) 8. The property on which said work of improverent was completed is in the city of DIAMOND BAR OS ANGELES County of LState of California, and is described as follows: CONSTRUCTION OF HANDICAP ACCESS RAMPS AT VARIOUS LOCATIONS ALONG D AMND •R BO FOR 7dn cPRrN,S DRIVE IN DIAMOND BAR, 9. The street address of said property is (It no street address has been officially assigned, insert "none".) Dated: Verification for Individual Owner I, the undersigned, say: I am the VERIFICATION Signature of owner or corporate officer of owner named in paragraph 2 or his agent the declarant of the fof,v -z ("President i "Manager of", ' A partner of", "Owner of', etc.) notice of completion: I have read said notice of completion and know the contents thereof; the same is true of my own knowledge I declare under penalty of perjury that the foregoing is true grid correct. Executed on , 19_, at Tate of signature.) (City where signed.) California. (Personal signature of the individual who is swearing that the the notice of completion are true.) NOTICE OF COMPLETION—WOLCCTTS FORM 1114—RE, 6-74 tnrlc,Cla55a1 - . Iger CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: j TO: Terrence L. Belanger, City Manager MEETING DATE: September 5, 1995 REPORT DATE: August 23, 1995 FROM: George A. Wentz, City Engineer TITLE: Release of Grading Surety Bond Posted for 22100 Rimfire Lane in the "Country" in Diamond Bar. SUMMARY: The Principal, Paul and Barbara Kaitz, desires release of a surety bond posted for grading located at 22100 Rimfire Lane in the amount of $7,920. The City Engineer finds that Principal has performed all work as shown on the approved "As -Built" grading plan, on file with the City. This bond was a condition precedent to issuance of a grading permit for 4,400 cubic yards of grading for a new single family residence, patio, pool and garage at 22100 Rimfire Lane in the amount of $7,920.00. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the surety bond in the amount of $7,920.00 which was posted with the City of Diamond Bar in February, 1992; 2)instruct the City Clerk to notify Paul and Barbara Kaitz and the Planet Insurance Company of the City Council's action. LIST OF ATTACHMENTS:x Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file — Ordinance(s) in City Clerk's Office) — Agreement(s) X Other: Final Engineering Certificate and Copy of Surety Bond EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? _ Yes x No Which Commission? N/A 5. Are other departments affected by the report? Yes x No Report discussed with the following affected departments: N/A REVIEWED BY: City Manager` CITY COUNCIL REPORT MEETING DATE: September 5, 1995 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Release of Grading Surety Bond Posted for 22100 Rimfire Lane in the "Country" in Diamond Bar. ISSUE STATEMENT: The Principal, Paul and Barbara Kaitz, desires release of a Surety Bond posted for grading located at 22100 Rimfire Lane in the amount of $7,920.00. The City Engineer finds that Principal has performed all work as shown on the approved "As -Built" grading plan, on file with the City. This bond was a condition precedent to issuance of a grading permit for 4,400 cubic yards of grading for a new single family residence, patio, pool and garage at 22100 Rimfire Lane in the amount of $7,920.00. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the Surety Bond in the amount of $7,920.00 which was posted with the City of Diamond Bar in February, 1992; 2)instruct the City Clerk to notify Paul and Barbara Kaitz and the Planet Insurance Company of the City Council's action. FINANCIAL SUMMARY: This recommendation has no financial impact on the City's F.Y. 1995-1996 budget. BACKGROUND: The grading on this lot was for an 11,500 square foot single family residence, a 1,250 square foot garage and a 1,100 square foot deck. The lot was inspected and final grade was approved on April 17, 1995 by the City's Consultant, Mr. Jack Ozdere of Ron Kranzer and Associates. Therefore, we now recommend that the bond which was posted with the City of Diamond Bar be released. DISCUSSION: The following listed Surety bond needs to be released: Address: Owner: Tract No.: Bond No.: Surety Company: Amount: PREPARED BY: Anne X. Garvey 22100 Rimfire Lane Paul and Barbara Kaitz 30578 P2500422 Planet Insurance Company $7,920.00 0 L`7 license No. 516SU DEVELOPMENT 3 646 North Grand Avenue Covina, California 91724 (818) 966-1530 Fax (818) 966-2830 AUGUST 15, 1995 CITY OF DIAMOND BAR ENGINEERING DEPT. ATT: ANN COPLEY DRIVE DIAMOND BAR,CA.91765 DEAR ANN, ALL WORK HAS NOW BEEN COMPLETED ON MY RESIDENCE AT: 22100 RIMFIRE LANE DIAMOND BAR,CA.91765 LOT 37, TRACT 30578 PLEASE RELEASE MY GRADING BOND, # P2500422 IN THE AMOJNT OF $7920.00 AS SOON AS POSSIBLE. " QuallW' Custom Homes and Buildings 21660 E. COPLEY DR1VE, SUITE 100 DIAMOND BAR, CA 91765 714 -860 -CITY 714-860-2489 SUPERVIScD GRADING INSPECTION CERTIFICATE JOB ADDRESS/TRACT NO. Z2(OD %L/M�IR� (ANLL PERMIT NO. OWNER PAUL (Cm j r Z CONTRACTOR SOILS ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lots were installed upon competer and properly prepared base material and compacted in compliance with requirements c Building Code Section 7010. I further certify that where the report or reports of engineering geologist, relative to this site, have recommended the installation of buttre: fills or other similar stabilization measures, such earthwork construction has bee completed in accordance with the approved design. LOT NOS. See report dated for compaction test data, recommended allowable soi bearing values and other recommendations. LXPANSIVE SOILS (YES) (NO) LOT NOS, 3UTTRESS FILLS (YES) (NO) LOT NOS. REMARKS :ngineer Reg.No Date signature ;UPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION C certify to the satisfactory completion of rough grading"including: grading to approximat final elevations, property lines located and staked; cut and fill slopes correctly grade ind located in accordance with the approved design; swales and terraces graded ready fc laving, berms installed; and required drainage slopes provided on the building further certify that where report or reports of an engi igloo logist and/orssoil angineer have been prepared relative to this site, the recti ZEE co t-hP work. ntained in suc reports have been followed in the presecution of te � \`,�08��'•, AT NOS. MMMMS :ngineer r :W .. Reg. No.t4 11YA �iDG2 %�,�-•=�l�/I L lac 1�3� � r NG Gly NEER'S FTN.ir_ nmmnru� neje....-. ________ •y ,y.._ C.11` ' I certify to the satisfactory completion of grading in accordance with the approved plans. All required drainage devices have been installed; slope planting established. and irriga- tion systems provided (where required); and adequate provisions have been made for drainage Of surface waters from each building site. The recommendations •96�•'•""�smj,ftls engineer and/ or engineering geologist (If such persons were employed) have kr���R 4'ted in the work .OT NOS._3� ��^GT �� • �idy18 h`��� p'B Ci' ye- ;EMARXS-J9)1 S A z'rPAn i :ngineer 1/i511i� L c V papI . No. 2% 7 -••.:..• CN�.�c=u J. -,?7 37 v; %, ;�; 7 P f=vK 1=1141,41- ruspc;cTiva- '�19F CA - 1 4Jq$ S+QT(St=+4CfC?2y. 4-17-q ~'•'•�h..r.��� � egg c jQa; 500422 I T Y OF DIAMOND B,.R (LABOR AND MATERIALS W ALL MEN BY THESE PRESENTS: BOND G-91-188 AND FAITHFUL PERFORMANCE) Project: PAUL KAITZ AND BARBARA KAITZ That as, and er referred to collectively as, "Principle", and PLANET INSURANCE aCOMPANY corporation organized and existing under the laws of the State of WISCONSIN and duly authorized to transact surety business in the State of California as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Diamond Bar, hereinafter referred to as the "City", in the sum of $7,920.00 Dollars for Faithful Performance and $7,920.00 Dollars for Labor and Materials, for the payment of which Principle and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal is the owner of a parcel of land in the City, which it is seeking to perform construction operations and has filed with the City a construction, plan and permit application for such parcel of land described as: 22100 RIMFIRE, LOT 4T37, TRACT #30578 and WHEREAS, as a con ition precedent to the approval of said construction plan Principle is required to deliver to the City a bond, securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for such improvements and in the faithful performance of Principle to complete such construction pursuant to the provisions of the City's Code; and WHEREAS, all of such construction is to be performed in accordance with the construction plane approved by the City Engineer for such parcel; and WHEREAS, Principle shall perform any changes or alterations in the construction required by the City to conform to approved plans for above said construction; and WHEREAS, Principle shall complete the construction operations within 365 days from the date of commencement; and WHEREAS, the completion of such construction shall be at the sole cost and expense of Principle. NOW, THEREFORE, if Principle shall faithfully perform -and shall pay the contractor, his subcontractors and all persons renting equipment or furnishing labor or materials to them for the full cost of all work as shown on the construction plan in accordance with the conditigns of approval of said plan and permit, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principle shall not pay the contractor, his subcontractor and all persons renting equipment or furnishing labor or materials to them for the full ccct of said approved construction, than this obligation shall remain,<_n full force and effect and such contractor, subcontractor, City and persons shall have a direct right of action against the Principle and Surety under this obligation, subject to the priority of the City. PROVIDED, HOWEVER, if Principle shall, not faithfully perform all work as shown on the approved construction plan then this obligation shall remain in full force and effect. PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration of modification of the contract documents or of the work to be performed thereunder shall in any way effect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder, and PROVIDED, FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal or Surety. IN WITNESS WHEREOF, Principle and Surety have caused these presents to be duly signed and sealed this 20TH SURETY PLANET INSURANCE COMPANY By MARSHA C. GARRISON ATTORNRY-TAT-FAC'T 505 N. BRAND BLVD., #770 --- day of FEBRUARY 19 92 (Seal) (Seal) PRINCIPLE UL A Z AND BARBARA KAITZ By By --------- ADDRESS ---- INSTRUCTIONS The above bond must be executed by both the Principle and the Surety. If the Principle is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice -President and the Secretary or Assistan� Secretary, and the corporate seal affixed. If the Principle is a partnership, __ must be signed by all partners. If the Principle is an individual doing business under a fictitious name, it must be signed by all persons having an interest in : e business, and the fictitious name must be signed also. The bond must be notar:=ad by both the Principal and the Surety. The hond, after aooroval, mjst be filed with the City Clerk of the City of Dia:cSnd 1PLA4_r INSURANCE MpA.NY HEAD OFFICE. SUN PRAIRIE. WISCONSIN POWER OF ATTORNEY ALL MEN BY THESE PRESENTS. That the PLANET INSURANCE COMPANY, a corporation (July organized under the laws of tnr, f; does hereby make. constitute and appoint M,USHA C. GARRISON Of FULLERTON, CALIFORNIA -------- its true and lawful Attorney -in -Fact to make. execute, seal and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bend the PLANET INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writing, obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and attested by one other of Such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-laws of PLANET INSURANCE COMPANY which became effective September 21, 1981, which provisions are now in full force and effect. reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President the Chairman of the Board, any Senior Vice President any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on behalf afthe Company, bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. 2 Attomeys-in-Fact shalt have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company. bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizance*, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attomeys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances. contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -taws of the Company or any article or section thereof. The power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted -by the Board of Directors of PLANET INSURANCE CO_ MPANY at a meeting held on the 29th day of March, 1982, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal Shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 4th day of June 19 -90 PLANET INSURANCE COMPANY - Vice President STATEOF Washington _ COUNTY OF King .On this 4 th day of 'June .19 go- . personalty \–Aappears az S ti CIi to me known to be the Vice -President of the PLANET INSURANCE CO and acknowledged_o .oma v instrument turd of Lxed the $eal of said corporation thereto, and that Artie! VII, Sectio 1, 2, and 3 -of tiy- ( �tt foregoing set belt therein. are stip in full forca ( In �' o �' a 1ih esolution, My Commission Expires �i� inti O UR May 15 .19 94 Notary Public in and for the State Residingat Taccma V t Keith A. Poling Assistant seer of the PLAN above and lorego:rtg to a true and correct copy p( a power W AttO+n eta<y ET INSURANCE COMPANY, do hereby certify that the and oam:t ey executed by said PLANET I SURANCE COMPANY, which U still in full force *4 V6TM33 VA4EREOF, I have hereunto set my hand and aftlxed the seal of said Company this 2 TH F RUARY 92 _ r y� _,9. f1aY_DQt ,nt Aselstam Secretary L / Kei h A. Poling KNOW hereinafter corporation authorized referred tc hereinafter Faithful Pe payment of successors WHERE seeking to plan and pe. 22100 1 WHERE Principle contractor, materials t 1 to complete WHERE: constructio 7 cit WHERE;'• required by ; CIDUVe sa d cc. days from t},. a p _ WHEREr.- expense of 1 NOW,_u.;.y perform and:a1 L pay e contractor, :i9 persons renting equipment or- furnishinc t_r or materialt; ccs -)f all wcl'k as shown on the const.ructi-on 1 obligation 6, in accordan f a,proval *" staim d plan and perit., then hi.s i PROVIUi f wi =r: --p.11 anal. nc-t pz,v the contractor, his subcontracto and all persc { , ,.mE-•rr to '..ux:n. s;1.iny .1aLor or materials to them for the f,_:l i cc_ct of ?aid :.[ -r-. :,. .,c" toil. LhEr: t.h_..s cbl irrati.on chil re_ma . '- in�_.n full effect and s c .,:ont_rac;City and persons shall have a direct right of action a�,a s and S..,rety under this obligation, subject to t'ne priority of t c PRQVID E _ w ple steal'.. not faithfully perform all work as sh,�wrn on the the appro l.an then tris obligation shall remain in full force and ef PROVID F':'} iC)v7Es.i3-t that Surety he-reby stipulates and agrees that no change, extenai Dr of t irr,e, alt-eration of modification of the contract documents or o_` the work to be ye.- formed thereunder shall in any way effect its obligation on this bond and it does hereby wa ve notice of any sucn change, extension of time, alteration or modification of the contract documents or Of work to be performed thereunder, and PROVIDFD, FURTHER, that ,.n case suit --s brought upon this bond by the City or any other person who may ;ging an action on this bond, a reasonable attorney's fee, to be fixed by the co.;rt, shall to paid by Pr:_nc:wpal or Surety. IN WITH: SS WHEREOF, Principle and Surety have caused these presents to be duly signed and sealed this 2 TFI day of FEBRUARY 19 92 Seal) (Seal) SURETY PLAN -E -P IN:>DRANCF CUMPANYPRINCIPLE u AI Z AND BARBARA KAITZ By _ G CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: TO: Terrence L. Belanger, City Manager MEETING DATE: September 5, 1995 REPORT DATE: August 24, 1995 FROM: George A. Wentz, City Engineer TITLE: Release of Grading Surety Bond Posted for 300-366 Torito Lane in Tract 50519 in Diamond Bar. SUMMARY: The Principal, Diamond Development Company, desires release of a surety bond posted for grading located at 300-366 Torito Lane in the amount of $62,280. The City Engineer finds that Principal has performed all work as shown on the approved "As -Built" grading plan, on file with the City. This bond was a condition precedent to issuance of a grading permit for 34,600 cubic yards of grading for thirty-four condominiums at 300-366 Torito Lane in the amount of $62,280.00. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the surety bond in the amount of $62,280.00 which was posted with the City of Diamond Bar in February, 1994; 2)instruct the City Clerk to notify Diamond Development Company and the American Motorists Insurance Company of the City Council's action. LIST OF ATTACHMENTS:x Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file Ordinance(s) in City Clerk's Office) _ Agreement (s) X Other: Final Engineering Certificate and Copy of Surety Bond EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? _ Yes x No Which Commission? N/A 5. Are other departments affected by the report? _ Yes x No Report discussed with the following affected departments: N/A REVIEWED BY: Terrence L.langer Frank Uslier .George Wentz City Manager Assistant City Manager City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 5, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Release of Grading Surety Bond Posted for 300-366 Torito Lane in Tract 50519 in Diamond Bar. ISSUE STATEMENT: The Principal, Diamond Development Company, desires release of a Surety Bond posted for grading located at 300-366 Torito Lane in the amount of $62,280.00. The City Engineer finds that Principal has performed all work as shown on the approved "As -Built" grading plan, on file with the City. This bond was a condition precedent to issuance of a grading permit for 34,600 cubic yards of grading for thirty-four (34) condominiums at 300-366 Torito Lane in the amount of $62,280.00. RECOMMENDATION: It is recommended that the City Council 1)declare the obligations under this bond null and void and release the Surety Bond in the amount of $62,280.00 which was posted with the City of Diamond Bar in February, 1994; 2)instruct the City Clerk to notify Diamond Development Company and the American Motorists Insurance Company of the City Council's action. FINANCIAL SUMMARY: This recommendation has no financial impact on the City's F.Y. 1995-1996 budget. BACKGROUND: The grading on this lot was for a thirty-four (34) unit condominium complex with spa. The lot was inspected and final grade was approved on August 11, 1995 by the City's Consultant,Mr. Mike Myers of Charles Abbott and Associates. Therefore, we now recommend that the bond which was posted with the City of Diamond Bar be released. DISCUSSION: The following listed Surety bond needs to be released: Address: 300-366 Torito Lane Owner: Diamond Development Company Tract No.: 50519 Bond No.: 3SM79973900 Surety Company: American Motorists Insurance Company Amount: $62,280.00 PREPARED BY: Anne M. Garvev �. ONJ WPLEY DRIVE, SUITE 190 DIAMOND RAR, CA 91765-4177 (909) 396-5671 SUPERVISE® GRADING INSPECTION CERTIFICATE JOB ADDRESSILOT AND TRACT NO. �'oc�/��,� ToKlTO 1_'tA -lam Gj0'�1I PERMIT NO. OWNER [Z.J. CONTRACTOR '7-.J. Y SO ENGINEER'S ROUGH GRADING i, ERT1FICATION I certify that the earth fills placed on the following lot(s) were installed upon competent and properly prepared base material and compacted in compliance with requirements of Building Code Section 7010. I further certify that where the report or reports of engineering geologist, relative to this site, have tecommended the installation of buttresses, fills or other similar stabilization measures, such earthwork construction has been completed in accordance with the approved design. LOT NO. (S) See report dated other recommendations. EXPANSIVE SOILS (YES) (NO) LOT NO. (S) BUTTRESS FILLS (YES) (NO) LOT NO.(S)_ REMARKS for compaction test data, recommended allowable soil bearing values and ENGINEER REG. NO. DATE Signature (and wet -stamp) SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION I certify to the satisfactory completion of rough grading including; grading to approximate final elevations, property lines located and staked; cut and fill slopes correctly graded and located in accordance with the approved design; swales and terraces graded ready for paving, berms installed; and required drainage slopes provided on the building pads. I further certify that where report 3r reports of an engineering geologist and/or soils engineer have been prepared relative to this site, the recommendations :ontained in soils reports have been followed in the execution of the work. LOT NO. (S) REMARKS ENGINEER REG. NO. DATE Signature (and wet -stamp) SUPERVISING GRADING ENGINEER'S FINAL GRADING CERTIFICATION I certify to the satisfactory completion of grading in accordance with the approved plans. All required. drainage devices have teen installed; slope planting established and. irrigation systems provided (where required); and adequate provisions have been nade for drainage of surface waters from eac ite. The recommendations of the soils engineer and engineering 31logist (if such persons were employed) ` b ted in the work. �QV CS, 0. Ci OT NO.(S) uta 1- 3 4-- 5 t�oTE : U"kx-, i - Signature (and s�qT C1V11- GRADING CER 77FICAT70N BY THE SO e�jj INSPEC77ON AND RELEASE TO B UILDING DEPART bEv�c�-S Ca WLP��t`C' w fh,1L S 907 1�1S1Yh.l,C''1'i, . NO. K CC Zcl Z4 3 DA Q GRADING ENGINEER IS REQUIRED FOR ROUGH GRADE FOR STRUCTURAL PERMITS. FINAL GRADING CERTTFICA77ON BY THE GRADING ENGINEER IS REQUIRED BEFORE FINAL GRADE INSPECTION AND RELEASE TO BUILDING DEPARTMENT FOR OCCUPANCY OF STRUCTURE. T Y 0 P D a 'A •� Premium: $1,246.00/2 Yr W 0 H D R A DRXPIR4 BOND (LjLxon ANL ATLRIA.L3 AND rXITEM ►ZRTCAl. .cZ) 1'trojectt���� KNOW ALL HEN BY THESE ?RiJENTS: That Diamond Development Com anyaad hereinafter referred to collectively so, "Principle",'and American 11otorists Insurance Company corporation organized and existing under the laws of the State of Illinois and duly authorized to transact surety business in the state of californ a is Iand hereinafter referred to in, "surety", are held and firmly bound unto the City of Diamond Har, hereinafter referred to as the "City", in tha sum of *Sixty Two Dollars for *Thousand Two Hundred Eighty & No/100 ($62,280.0 Faithful Performance and $62.280.00*** Dollars for Labor and )iateriaim, for the payment of which Princip ■ an uraty n themselves, their hairs, admitlkettatoza, ' successors and assigns, jointly and savarally an followat •i THE CONDITION Or THE ABOVE OBLICATION IS TRATt WHERgAS, principal In the owner of a parcel of land in the city, which it .L seeping to perform grading operations and has filed with the city a grading plan and . grading permit application for much parcel Of land describsd ast Tentative Tract Map 650519 at 300-366 Torito Ln., Diamond Bar, Ca t and WHEREAS, as a condition procedent to the approval of said grading plan Principle is required to deliver to the city a bond, securing payment to the contractor, his subcontractors and to persona renting equipment or furnishing labor or materials to them for such imprcvamants and in the faithful performance of principle to COmplete. such grading pursuant to the provisions of the City's Code1 and WHEREAS, all of such grading is to be performed in accordance with the grading plans approved by the city Yngineor for such parcolf and WHEREAS, Principle shall perform any changes or alterations in the grading required by the city to conform to approved plane for above said gradingl and WHEREAS, Principle shall complete the grading operations within days from the data of commencemantfand WHLREAS, the completion of such grading shall be at the sole cost and expense of Principle. NOW, THERI:FORE:, if Principle shall faithfully perform and shall pay the contractor, his subcontractors and all parsons ranting equipment or furnishing labor - or materials to them for tha full coat of all work as shown on the grading plan in accordance with the conditions of approval of said plan and permit, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principle shall not pay the contractor, his subcontraCtOr• and all persons renting equipmcnt or furniching labor or materials to then for thz full cost of said approved grading, then this obligation shall remain in full force and effect and such contractor, subcontractor, city and persons shall have a direct right of action against the Principle and Surety under this obligation, subject to the priority of the city. PROVIDED, HOWEVER, it Principle shall not faithfully perform all work as shown on the approved grading plan than this obligation shall remain in full force and effect. PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration of modification of the contract documents or of the work to be parformad thereunder shall in any way effect its obligation on this bond `.and it dose hereby waive notico of any ouch change, axteneion of time, alteration or modification of the contract documents or of work to be performed thsrsundsr, and PROVIDED, FURTHER, that in case suit is brought upon this bond by the City or any other pperson who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal or Surety. IH WITNESS WHEREOF, Principle and Surety have caused these presents to be duly signed and sealed this 22nd merican Motorists Insurance c_ By By Doug Lane/Attorney-in-fact 7470 N. Figueroa Blvd. Los An �ales, Ca �90041 ADURL55 day of October lg 93 (Sea -TV ­"rF Compan�HINCIELL Diamond Devvelopmennt Company By By _ INSTRUCTI0115 I. Thu above bond must be executed by both the Principle and the Surety. Z. If the Principle is a corporation, the bond must be executed in the corporate name and signed by the Provident or a vice-Pra■ident and the Escratary or Assistant 8aoretary, and the corporate seal affixed. If the Principle is a partnership, it In be signed by all partnere. If the Principle is an individual doing business under a fictitious name, it must be signed by all persons having in interest in the business, and the fictitious name must be signed also. The bond must be notarized by both the Principal and the surety. 3. The bond, after approval, must be filed with the City Clerk of the City of Diamond Dar. MOTORISTS INSURE OE COMPANY ' naTi� Ona' Long Grove, IL 60049 Insuiance comrarnes ATTORNEY on By These Presen /the American Motorists Insurance C any, a corporation organized and exist i under the laws of the State of inois, and having its principal off3 in Long Grove, Illinois, does hereby a Tint Doug Lane of Orar , California ** its true and lawful agent(s) and atiorr "s) -in -fact, to make, execute, seal, or ieliver during the period beginning with the date of issuance of is power and ending December 31, 1994, Less sooner revoked for and on its behalf as surety, and as its act deed: Any and all bond. nd undertakings provided the an int of no one bond of indertakin exceeds ONE MILLION DOLLARS ($1,000,( 1.00) EXCEPTION: NO AUTHORITY is granted to Ke, execute, seal and deliver any bond undertaking which guarantees the payment or collection of any promissor: ote, check, draft or letter of credit. This authority does not permit the sam+ bligation to be split into two or Fiore nds in order to bring each such bond Mithin the dollar limit of author as set forth herein. This.appointment may be revoked at any me by the American Motorists Insurance mpany. The execution of such bonds and undert ngs in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company a ully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regul y elected officers at its principal offica-in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMI'-' E WITHOUT NOTICE AS OF DECEMBER 31, 19Q'' - This Power of Attorney is executed by :hority of a resolution adopted by the Executive Committee of the 'Board of Directors of said American Motorists I -Trance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is her,•inafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize then, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988; "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of July , 1992 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY i F.C.McCullough, Secretary by J.S.Kemper,III,Sanior Vice President (OVER) 0 STATE OF ILLINOIS SS COUNTY OF LAKE T:, Marilyn L. Riley, a Not Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to me to be the same persons whose names are respectively.as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the for instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 4-9-96 Her y L. RSIey, Notary Public 4 "OFFICIAL SEAL" 4 Marilyn L. Riley 4 Notary Public, State of Illinois . ( My Commission EYplres 419196 ► CERTIFICATION I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorneydaied July 1, 1992 1on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and F. C, McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American �n0� Motorists Insurance Company on this day of , 19 V,, lNey N.J.Zarada, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 6-92 1M PRINTED IN U.S.A. Power of Attorney - Term Am MEETING DATE FROM: CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 9 -- Terrence L. Belanger, city manager September 5, 1995 REPORT DATE: August 30, 1995 George A. Wentz, City Engineer TITLE: Resolutions of the City Council of the City of Diamond Bar related to accepting a sewer easement on Lot 41 of Tract No. 47851 and vacating existing sewer easements on Lot 21 And Lot 40 of Tract No. 47851. ISSUE: This matter requests the council's consideration of an grant of a sanitary sewer easement on Lot 41, Tract No. 47851 as a relocation of the sewer easements that- were dedicated on Lots 21 and 40 of Tract No, 47851. This matter also requests the Council's consideration of a request to vacate (summarily) the sewer easements on Lots 21 and 40. RECOMENDATION: it is recommended that the City Council adopt: 1) Resolution No. 95 -XX accepting the grant: of easement for sanitary sewer purposes on Lot 41 and authorizing and directing the City Clerk to sign the certificate of acceptance and record the easement deed; and d 2) Resolution No. 95 -XX vacating (summarily) sewer easements on Lots 21 an 40 of Tract No, 47851 and directing the city Clerk record the resolution of vacation. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification X Resolution(s) Bid Specifications ordinances(s) (on file in city Clerk's Office) Agreement(s) — Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been Yes X No reviewed by the City Attorney? 2. Does the report require a majc'-)rit�, or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A —Yes — No 4. Has the report been reviewed by a coimission? x Yes — No Which Commission? Planning commission 5. Are other departments affected by the report? Yes X No Report discussed with the foljowir,q affected departments: REVIEWED BY: all/W Terr(lehc4 LBelanger Frank M. Usher 7/ ,,.George r/E 7 City Man''er Assistant City Manager City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE:September 5, 1995 TO: Honorable Mayor and Members of the City Council FROM: George A. Wentz, City Engineer SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Purposes on Lot 41 of Tract No. 47851 and Vacation (Summary) of Sanitary Sewer Easements on Lots 21 and 40 of Tract 47851 ISSUE STATEMENT: Consider offer of dedication of a sanitary sewer easement on Lot 41, Tract No. 47851 and vacation (summary) of sanitary sewer easements on Lots 21 and 40, Tract 47851. RECOMMENDATION: It is recommended that the City Council: 1) adopt Resolution No. 95 -XX making findings contained therein, accepting the grant of easement on Lot 41 and authorizing and directing the City Clerk sign the Certificate of Acceptance and record the easement deed, and 2) adopt Resolution No. 95 -XX making findings contained therein, vacating sewer easements on Lots 21 and 40, Tract No. 47851 and authorizing and directing the City Clerk to record the resolution of vacation. FINANCIAL SUMMARY: Taking this recommended action has no fiscal impact on the City. BACKGROUND/DISCUSSION: At the time of recording of the final map for Tract No. 47851, Lots 21 and 40 included, by dedication on the final map, easements for sanitary sewer purposes. Subsequently the Subdivider determined that Lots 21 and 40 could be better utilized if they were free of the sewer easement that encumbered them. Prior to construction of the subdivision sewer improvements in this vicinity the subdivider prepared a revision to the sewer improvement plans which proposed a realignment of a portion of the sewer mainline. This plan proposed to relocate the mainline outside of these two lots and routed it instead across Lot 41. Sewer service to each lot was maintained, as was originally planned, with this realignment. This revision of the improvement plan has been approved, subject to the dedication and acceptance by the City of an easement for sanitary sewer purposes, across Lot 41. The construction of the realigned improvements has been completed. Lots 40 and 41 are still under the ownership of the subdivider, Diamond Bar East Partners and Lot 21 is owned by Calvin Shie-Ning Wang and Cheryl Her -Shen Chi. In other actions related to these lots, Staff has recently approved an adjustment of the property lines between these three lots to accommodate the owner's proposed use of the Lot 21. Also, staff has approved plot plans for Lot 21 which proposes a tennis court over the sewer easement proposed for vacation. Exhibit "A" (attached with the resolutions of acceptance and vacation) shows the general location of both the existing easements (proposed vacation) and the new easement (proposed dedication). Upon acceptance of the offer of dedication over Lot 41 and considering the approved sewer improvements, the following finding are appropriate related to the easements. The are: • no longer be needed for present or prospective use as sewer easements; • not required for the sanitary sewer service to any property which previously enjoyed such service; and • sanitary sewer easements in excess of that required for the proper, adequate and necessary service to these properties and the general public. As the existing sewer easements have been superseded by relocation and there are no other public utilities located within the easements proposed to be vacated, these easements may be summarily vacated as provided in Section 8330 et seq. of the Streets and Highways Code. The matter of both the vacation and acquisition was considered at the Planning Commission meeting of August 14, 1995. As required by Section 65402 of the Government Code the Planning Commission is required to consider any vacation or acquisition for its conformance with the General Plan. The Commission in its Resolution No. 9 5-1 1 determined that the location, purpose and extent of the easements to be vacated and the easement to be acquired was in conformance with the General Plan. Prior to the vacation of any easements which have been acquired for other purposes the City Council is required to determine the suitability of such easements for a non -motorized transportation facility (Section 892, California Bicycle Transportation Act of the Streets and Highways Code). The Commission considered this at its August 14th meeting and in Resolution No. 95-11 recommended to the Council that it find that the easements to be vacated are not suitable for a non -motorized transportation facility. Attached is the Commission's Resolution No. 95- 11. CONCLUSION: All legal prerequisites have been met for the Council's action on both matters in accordance with the Staff's recommendation. In the matter of a summary vacation no public hearing, posting, advertising nor noticing of the vacation is required when proceeding in accordance with Section 8330 et seq. (Chapter 4, Summary Vacation; Part 3, Public Streets, Highways, and Service Easements Vacation Law; Division 9, Change of Grade and Vacation of the Streets and Highways Code of the State of California). Acceptance of the grant of easement is necessary prior to the summary vacation action. Acceptance of the sewer easement is required prior to acceptance of the sewer improvements and assumption of maintenance by the Los Angeles County Consolidated Sewer Maintenance District. PREPARED BY: /X,, "! ,` � /� 7 -_ Michael D. Myers, P.E. for George A. Wentz, P.E. City Engineer 9 ( PC RESOLUTION NO. 95-11 DD Y 00 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR FINDING THAT THE ACCEPTANCE OF A SANITARY SEWER EASEMENT ON LOT 41 OFFERED FOR DEDICATION AND THE VACATION OF A SANITARY SEWER EASEMENT ON LOT 21 AND LOT 40 ALL OF TRACT 47851 IN THE CITY OF DIAMOND BAR, CALIFORNIA IS IN CONFORMANCE WITH THE GENERAL PLAN OF THE CITY OF DIAMOND BAR. WHEREAS, Diamond Bar East Partners, a California Limited Partnership has dedicated to the City of Diamond Bar an easement for sanitary sewer purposes over Lot 41 of Tract No. 47851 in the City of Diamond Bat, (70LInty of Los Angeles, State of California, as shown on Map filed in Book 1207, pages 47 through 56 inclusive of Maps, j.ti the office of County Recorder of said County for the purpose of constructing sariit-.ary sewer' facilities for the use of the public; and WHEREAS, Diamond Bar East Partners, a California Limited Partnership has requested the vacation of sanitary sewer easements as such easements exist on Lots 211 and 40 as shown on map of said tract; and WHEREAS, the Planning conuitission of t , lie City of Diamond Bar has considered the matter:of the dedication and the vacation of sewer easements the location and extent of which is generally shown as the "ex-isting easement. for sanitary sewer purposes to be vacated" and In( ---w sewer easement" ori Exhibit "A", attached hereto; and WHEREAS, Section 65402 of the Government Code of the State of California requires that nu real property shall be acquired by dedication for public purposes nor disposed of 'until the location, purpose acrd extent, of such acqui-nitori and disposition have been reported upon by the planning agency of the city as to conformity with the General. Plan. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE: Section I The- Planning Commission hereby finds that the v&0at,jojj of san]taty sewer easements as such easements exist on Lots 21 and 40 of Tract No. 47851 iii the C -.it 'y of Diamond Bar, County of Los Angeles, State of Cal.ifornia, as shown on Map filed it Book 12.07, pages 47 through 56 inclusive of Maps, in the Office of County Recorder of said County; ,.T�ally shown on Exhibit and as gene "A", attached hereto, as tjje ,existing easement for sd1j.ji,at.y -I. sewe pui.t poses -) be vacated", along t� with the acceptance of the dedication of an easement for sanitary sewer purposes over Lot 41 of said Tract No. 47851 as generally shown on Exhibit "A", attached hereto, as the "new sewer easement", is in conformance with the General Plan of the City of Diamond Bar. Section 2 The Planning commission hereby recommends to the City Council. that the sari,itary sewer easement to be vacated, as generally shown on Exhibit "A", attached hereto, is the "existing easement for sanitary sewer purposes to be vacated", be found to not be useful as a non -motorized transportation facility as required by Section 892 of the Streets and Highways Code of the State of California. Section 3 The Secretary t(:) tjje P'latiriing commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith traiismit a certified copy hereof to the City CoLinc ,ij of the (7—i ty of Diamond Bar PASSED, APPROVED AND ADOPTED THIS 14th DAY OF August, 1995. 16 BRUCE FLAMENBAUM, CHAIRMAN I, James De Stefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning commission held on the 14th day of August, 1995 by the following vote to wit: AYES: COMMISSIONERS: SCHAD, FONG, MEYER, HUFF and FLAMENBAUM NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ATTEST: 115 James DeStefano, Secretary 2 RESOLUTION NO. 95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER PURPOSES ON LOT 41 OF TRACT NO. 47851 IN THE CITY OF DIAMOND BAR. PART A RECITALS (i) WHEREAS, Diamond Bar East Partners, a California Limited Partnership is the owner of Lot 41, Tract No. 47851, as shown on map filed in Book 1207 at Pages 47 to 56 inclusive of Maps and in the office of the County Recorder of the County of Los Angeles, State of California and has granted to the City of Diamond Bar an easement for sanitary sewer purposes over portions of its property generally shown in Exhibit "A"" as "New Sewer Easement per Description" and more particularly described in Exhibit "B", ""Grant of Easement for Sanitary Sewer Purposes", attached hereto; and (ii) WHEREAS, $ 65402 of the Government Code requires, in part, that no real property shall be acquired until the location, purpose and extent of the acquisition has been reported on by the Planning Commission; and (iii) WHEREAS, Planning Commission Resolution No. 95-11 which was adopted pursuant to a duly noticed and conducted public hearing, as cited therein, and which considered the proposed acquisition of said sanitary sewer easement and which found the location, purpose and extent of such aquisition to be in conformance with the General Plan, shall be the Planning Commission's report on this matter; and (iv) WHEREAS, the City Engineer has reviewed, approved and recommends acceptance of the said easement; and (v) WHEREAS, all legal prerequisites to the acceptance of this easement and the adoption of this resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: PART B - RESOLUTION Section 1 All of the facts set forth in Part A - Recitals, of this Resolution are true and correct. Section 2 The City Council of the City of Diamond Bar does hereby accept, for public use, the grant of 1 easement for sanitary sewer purposes on Lot 41, Tract No. 47851 as generally shown in Exhibit "A" as "New Sewer Easement per Description" and more particularly described in Exhibit "B", "Grant of Easement for Sanitary Sewer Purposes", attached hereto. Section 3 The City Clerk is hereby authorized and directed: (a) to execute a Certificate of Acceptance as required by § 27281 of the Government Code; (b) to forthwith cause the Grant of Easement for sanitary Sewer Purposes along with the Certificate of Acceptance to be recorded on behalf of the City in the office of the County Recorder and to execute any and all other documents as may be necessary or convenient to effect the recordation; and (c) to certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED THIS DAY OF , 1995 Phyllis E. Papen, Mayor City of Diamond Bar, California I• 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 roll call vote: AYES: COUNCIL MEMBER(S): NOES: COUNCIL MEMBER(S): ABSENT: COUNCIL MEMBER(S): ABSTAINED: COUNCIL MEMBER(S): ATTEST: Lynda Burgess, City Clerk City of Diamond Bar, California 9 EXHIBIT "A" SEWER EASEMENT EXHIBIT_,_ IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA OWNER EXISTING PARCELS PROPOSED PARCELS AP NUMBERS I REFERENCE NUMBERS DIAMOND BAR EAST LOTS 21, 40 AND 41 PARTNERS EXIST. EASEMENT FOR SANITARY SEWER PURPOSES PER MAP NO. 47851 TO BE VACATED 6(} ©� �,,,. •r'' oo �' 280' �� N °a, ` P. 0. a. 12.52' N 4. 48, 00"W 7.18' i19. 76' J 5Ao z• NEW SEWER EASEMENT C �• PER DESCRIPTION ON 1 S' 42 123 W1 � N p EXIST. PRIVATE AND FUTURE ry \ EASEMENT FOR STORM DRAIN 9 PURPOSES PER MAP 47661 N 20' 43' 34' E 8.11 EXIST, EASEMENT FOR THE PURPOSES OF ACCESS, SANITARY SEWER & PRIVATE STORM DRAIN PER MAP N0. 47851 %.AND 4 JOHN W. HILL, JR. L.S. S9a9 NO, a566 EXP. 9/30/98 :nfwv nuCCT 4 rnr 4 _ A149F3-q RECORDING REQUESTED BY CITY OF DIAMOND BAR WHEN RECORDED MAIL TO City Clerk City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765 C(OPY 14 EXHIBIT "� GRANT OF EASEMENT for SANITARY SEWER PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE GRANTOR, Diamond Bar East Partners a California Limited Partnership, hereby grants to the City of Diamond Bar, a Municipal Corporation, hereinafter CITY, an easement for sanitary sewer purposes and the right to construct, reconstruct, use, maintain, operate, alter, add to, repair, replace, and/or remove its facilities consisting of underground conduits, manholes, and appurtenances for the collection and conveyance of domestic sewerage and other purposes over, in, under, across, along and through that certain real property situated in the City of Diamond Bar, County of Los Angeles, State of California, described as follows: That portion of Lot 41 of Tract 47851 recorded in Book 1207 at pages 47 to56 inclusive of Maps in the Office of the County Recorder of the County of Los Angeles, State of California more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO THE CITY, and its officers, agents and employees, and any contractor, its agents and employees, engaged by CITY, shall have the right of ingress to and egress from said easement and every part thereof, at all times, for the purpose of exercising the rights herein granted and shall have the right to enter upon and to pass over and onto said easement for any and all purposes herein described and to remove such growth, structures and other improvements as may endanger or interfere with said easement and rights herein granted. Such rights shall be real: nably exercised and the CITY shall be liable for any damage negligently done by it to the above described property. BY: Diamond Bar East Partners, a California Limited Partnership; by Diamond Ridge East Management Company, a Califorria Corporation, as General Partner ----------------------- --------------------- Gregory Delgado, President Kurt Neison, Secretary Cate APPROVED: Date: George A. Wentz, RCE, City Engineer Cate NOTE: Signature(s) of Grantor(s) must be notarized; Attach Acknowledgement form. A EXHIBIT `�p SEWER EASEMENT LUu � V' EXHIBIT A 10 FOOT WIDE STRIP OF LAND OVER, UNDER AND ACROSS A PORTION OF LOT 41 OF TRACT NO. 47851, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 1207, PAGES 47 THROUGH 56, INCLUSIVE, OF MAPS, RECORDED AUGUST 30, 1994, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTHERLY AND EASTERLY SIDELINE OF SAID 10 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE NORTHERLY SIDELINE OF THE EASEMENT SHOWN ON SAID MAP OF TRACT NO. 47851 AS "PRIVATE AND FUTURE EASEMENT FOR STORM DRAIN PURPOSES" WITH THAT CERTAIN COURSE OF THE EASTERLY BOUNDARY OF SAID LOT 41 SHOWN ON SAID MAP AS "NORTH 4°45'00" WEST, 19.76"', SAID INTERSECTION POINT BEING 12.75 FEET SOUTHERLY OF THE NORTHERLY TERMINUS OF SAID CERTAIN COURSE; THENCE LEAVING SAID EASTERLY BOUNDARY ALONG SAID NORTHERLY SIDELINE SOUTH 48014'03" WEST 153.59 FEET; THENCE SOUTH 18042'12" EAST 66.33 FEET; THENCE SOUTH 67°17'08" WEST 80.73; THENCE SOUTH 20°43'34" EAST 8.11 FEET TO A POINT IN THE NORTHEASTERLY SIDELINE OF THAT CERTAIN EASEMENT ALONG THE SOUTHWESTERLY LINE OF SAID LOT 41 SHOWN ON SAID MAP AS AN EASEMENT FOR THE PURPOSES OF ACCESS, SANITARY SEWER AND PRIVATE STORM DRAIN. THE NORTHERLY AND WESTERLY SIDELINES OF SAID STRIP SHALL TERMINATE IN SAID EASTERLY BOUNDARY OF LOT 41 AND SAID NORTHEASTERLY SIDELINE OF SAID EASEMENT ALONG THE SOUTHWESTERLY LINE OF SAID LOT 41. F O � L.S.56B9 �o Exp. 9/30195 JOH W. HILL, JR. L.S. 5669 nF-It 4. HUNSAKER & ASSOCIATES SAN DIEGO, INC. +'�kkTs�rordlm,Vegals�0953�D09xa01.doc CJ3Ir leS c=7bSN- ��:ti S6. e� enu RESOLUTION NO. 95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA VACATING A SANITARY SEWER EASEMENT ON LOT 21 AND LOT 40 OF TRACT NO. 47851 IN THE CITY OF DIAMOND BAR. PART A RECITALS (i) WHEREAS, the City has received the request of interested person or persons to vacate a sanitary sewer easement on Lot 21 and Lot 40 of Tract No. 47851 as generally shown on Exhibit "A" as "Exist. Easement For Sanitary Sewer Purposes Per Map No. 47851 To Be Vacated", and more particularly described in Exhibit "B" as "Sewer Easement Abandonment", attached hereto; and (ii) WHEREAS, the easements shown on Exhibit "A" and described in Exhibit "B" to be vacated have been superseded by relocation and the construction of sanitary sewer improvements and there are no other public facilities located within the easements to be vacated; and (iii) WHEREAS, § 65402 of the Government Code requires, in part, that no real property shall be disposed of until the location, purpose and extent of the disposition has been reported on by the Planning Commission; and (iv) WHEREAS, Planning Commission Resolution No. 95-11 which was adopted pursuant to a duly noticed and conducted public hearing, as cited therein, and which considered the proposed vacation of said sanitary sewer easement and which found the location, purpose and extent of such vacation to be in conformance with the General Plan, shall be the Planning Commission's report on this matter. (v) WHEREAS, § 892 of the Streets and Highways Code requires, in part, that no easement aquired for other purposes shall be disposed of until the City Council determines that such easement is not required for a non -motorized transportation facility; and (vi) WHEREAS, the Planning Commission of the City of Diamond Bar has reviewed this proposed vacation and in its Resolution No. 95-11 recommends to the City Council that it find that the easements proposed to be vacated are not required for a non - motorized transportation facility; and (vii) WHEREAS, all legal prerequisites to the vacation of these easements and the adoption of this resolution have occurred. (viii) WHEREAS, it is appropriate, therefor, to now consider the vacation of a sanitary sewer easement on Lot 21 and Lot 40 of Tract No. 47851, the location and extent of which are hereinabove 1 described, in accordance with the provisions of Chapter 4, Summary Vacation; Part 3, Public Streets, Highways, and Service Easements Vacation Law; Division 9, Change of Grade and Vacation of the Streets and Highways Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: PART B RESOLUTION Section 1 All of the facts set forth in Part A - Recitals, of this Resolution are true and correct. Section 2 The easements to be vacated are not required for a non -motorized transportation facility. Section 3 The vacation of a sanitary sewer easement on Lot 21 and Lot 40 of Tract 478511 the location and extent of which is generally shown on Exhibit "A" as "Exist. Easement For Sanitary Sewer Purposes Per Map No. 47851 To Be Vacated", and more particularly described in Exhibit "B" as "Sewer Easement Abandonment" attached hereto and made a part hereof, is made in accordance with the provisions of Chapter 4, Summary Vacation; Part 3, Public Streets, Highways, and Service Easements Vacation Law; Division 9, Change of Grade and Vacation of the Streets and Highways Code of the State of California Section 4 From and after the date this resolution is recorded in the Office of the County Recorder of the County of Los Angeles, State of California the sanitary sewer easement hereinabove described in Exhibit "B" as "Sewer Easement Abandonment" is vacated and will no longer constitute a sanitary sewer easement on Lot 21 and/or Lot 40 of Tract No 47851. Section 5 The City Clerk is hereby authorized and directed to: a) certify to the adoption of this resolution, and b) record this resolution in the Office of the County Recorder of the County of Los Angeles, State of California. PASSED, APPROVED AND ADOPTED THIS DAY OF 1995 Phyllis E. Papen, Mayor City of Diamond Bar, California 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 roll call vote: AYES: COUNCIL MEMBER(S): NOES: COUNCIL MEMBER(S): ABSENT: COUNCIL MEMBER(S): ABSTAINED: COUNCIL MEMBER(S): --------------------------------- Lynda Burgess, City Clerk City of Diamond Bar, California 3 L EXHIBIT "A"c(alpy SEWER EASEMENT EXHIBIT. IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA OWNER EXISTING PARCELS PROPOSED PARCELS AP NUMBERS REFERENCE NUMBERS DIAMOND BAR EAST LOTS 21, 40 AND 41 PARTNERS EXIST. EASEMENT FOR SANITARY SEWER PURPOSES PER MAP NO. 47851 TO BE VACATED vt N O ao W a � N s CL O to 40 NIke Ize 4 -RSO; B. 40 45' 00" w CS " �"%-�NEW SEWER EASEMENT <1 PER DESCRIPTION ro, mAF) ` to 02• f EXIST. PRIVATE AND FUTURE EASEMENT FOR STORM DRAIN PURPOSES PER MAP 47851 N 20' 43' 34' E ►8.11' rNO,AND aON . F!r05669 EXIST. EASEMENT FOR THE PURPOSES OF ACCESS, SANITARY SEWER & PRIVATE STORM DRAIN PER MAP NO, 47851 JOHN W. HILL, JR. L.S. 5669 EXP. 9/30/95 CA"�` SHEET i OF i SHEETS nc.7T lT uu==,I-I_L Ir" i7ir.•bT CG.. P.7 a)nH tivlo, x: N 18'42' 12"W4 4 -RSO; B. 40 45' 00" w CS " �"%-�NEW SEWER EASEMENT <1 PER DESCRIPTION ro, mAF) ` to 02• f EXIST. PRIVATE AND FUTURE EASEMENT FOR STORM DRAIN PURPOSES PER MAP 47851 N 20' 43' 34' E ►8.11' rNO,AND aON . F!r05669 EXIST. EASEMENT FOR THE PURPOSES OF ACCESS, SANITARY SEWER & PRIVATE STORM DRAIN PER MAP NO, 47851 JOHN W. HILL, JR. L.S. 5669 EXP. 9/30/95 CA"�` SHEET i OF i SHEETS nc.7T lT uu==,I-I_L Ir" i7ir.•bT CG.. P.7 a)nH a N= txniesi i --t, SEWER EASEMENT ABANDONMENT xHIBIT ���N THOSE PORTIONS OF LOTS 21 AND 40 OF TRACT 47851, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 1207, PAGES 47 THROUGH 56, INCLUSIVE, OF MAPS, RECORDED AUGUST 30, 1994, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN ON SAID MAP AS 15,00 FOOT WIDE EASEMENTS FOR SANITARY SEWER PURPOSES. HILL, JR. L.S. 5669 .iUNSAKER & ASSOCIATES SAN DIEGO, INC. JH:kk mswordlm(Uegals109531009ia02.doc W0 0953 -W 1=1194 �� � L.S. 5669 (P Exp. 9130195 yah CAS-�F r d rsm : t7 sh $z na CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ! % TO: Mayor and City Council MEETING DATE: September 5, 1995 REPORT DATE: August 31, 1995 FROM: Terrence L. Belanger, City Manager ISSUE: Reclassification of two positions: Deputy Director of Public Works (Public Works Department), and Senior Planner (Community Development Department). DISCUSSION: City Council approved the reclassification of the Senior Engineer to Deputy Director of Public Works and the reclassification of Associate Planner to Senior Planner. The City Council, upon recommendation of the City Manager, establishing appropriate salary ranges by resolution. The recommended salary range for Deputy Director of Public Works is $3,935.24 to $5,273.60 per month. The recommended salary range for Senior Planner is $3,569.38 to $4,783.31 per month. Job descriptions have been prepared for the reclassification positions and are attached to this report for your information. The City Council has considered the reclassification of the two positions during its Fiscal Year 1995-96 Municipal Budget deliberations and approved the reclassification of the two positions with the adoption of the budget. The approval of Resolution 90-45K ratifies the previous City Council decision. RECOMMENDATION: It is recommended that the City Council approve Resolution 90-45K, RESOLUTION 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, which approves salary ranges of the Deputy Director of Public Works and Senior Planner. ---------------------------------- SUBMITTAL CHECKLIST 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: 1 �044 '"/A Terrence L. Belang City Manager RESOLUTION NO. 90-45K RESOLUTION 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 THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES, ORDERS, AND DETERMINES AS FOLLOWS: WHEREAS, the City Council has determined that it is necessary to the efficient operation and management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of absences, and other regulations for the employees and officers of the City; and WHEREAS, it is necessary from time to time to establish comprehensive wage and salary schedules and to fix the rates of compensation to be paid to officers and employees of the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: There is hereby established a Comprehensive Wage and Salary Plan for employees of the City of Diamond Bar. The Comprehensive Wage and Salary Plan is designed to provide for a fair and efficient framework for the administration of wages and is based upon the recommendations of the City Manager. UUNMAI W41W&Ife 9" Dili 4 Pursuant to Ordinance No. 21 (1989), the Diamond Bar City Council hereby establishes the salaries and the various full-time positions of the City of Diamond Bar. As of the pay period which is paid on July 14, 1995, the compensation of the various classes of positions shall be as shown on Schedule A (attached). • u _ : Blom a Ki�. New employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one year probation period. At the end of six months, the employee will be given a performance evaluation and may be eligible for the next step. Every year thereafter, employees shall be given a performance evaluation and shall move to each successive step, so long as the employee's performance is satisfactory or above. RESOLUTION 90-45J Page Two RK%Ko)a 1§11W I.Y.1140• In an effort to monitor newly -hired employees, the probation period for newly -hired employees is one year. KWURGIM M3 I 1 .1-0 Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Services. Payments shall be based upon the most direct route to and from the destination, and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. SECTION 6, HEALTH. DENTAL. VISION, LIFE, LONG TERM DISABILITY AND UNEMPLOYMENT INSURANCE, AN All full-time employees and designated permanent part time employees are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and unemployment insurance within the City's group insurance carrier(s), with the administrative cost and premiums paid by the City to a maximum established in Section 7 after 30 days of employment. Dependents of employees are eligible for health, dental and vision insurance. • An employee benefit program is authorized wherein all officers, full-time employees and designated permanent part-time have a choice of medical and/or fringe benefits, as described in Section 6, in an amount not to exceed $520.00 a month, paid by the City. A. Employees, defined as Management, shall receive an additional $30.00 per month to be applied as described in Section 6. B. All employees shall participate in the Life, Dental and Vision Insurance programs. The City shall pay the cost of the employee in addition to the benefit program described in Section 6 or Section 7(A). Monies in excess of the City's 457 Plan may be paid off annually, during each December. C. All eligible employees may participate in the City's 401(A) deferred compensation plan. box,ftneiff.-W. Hourly compensation for the various part-time positions shall be as set forth in Schedule A (attached). RESOLUTION 90-45J Page Three M01HODWWWROM7925mu' • All employees serve under the City Manager, pursuant to Government Code Section 34856. Per Government Code Section 36506, nothing in these rules and regulations shall be construed to provide employees with any tenure or property interest in employment. • 0 1111 e I Lei The City of Diamond Bar shall pay the employee contribution of said employee salary to the State Public Employees' Retirement System (PERS) as deferred income. The compensation due to all officers and employees of the City shall be on a bi-weekly basis. Warrants or checks in the payment of compensation shall be made available by the City to employees and officers of the City on the Friday succeeding the close of any given pay period. In an event that pay day falls on a holiday, all warrants or checks in payment of compensation shall be made available to the City employee on the last work day preceding the holiday. A. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees. B. The official work week of the City of Diamond Bar shall be five (5) working days of eight (8) hours each. It shall be the duty of each Department Manager to arrange the work of their Department so that each employee therein shall not work more than five (5) days in each calendar week. The City Manager may require an employee to temporarily perform service in excess of five (5) days per week when public necessity or convenience so requires. C. Whenever an employee, other than an Administrative/Executive employee, shall be required to work overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 1/2) times the regular rate of pay, provided they have completed a full 40 hour work week. RESOLUTION 90-45J Page Four 01"110)ej -,A "m 1z Lei .Law .zi • UV • M D. Any full time employee, other than an Administrative/Executive employee, who is required to work on an observed holiday beyond the regular 40 hour work week, shall be entitled to pay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour work week. E. There is nothing contained within this Section to exclude the City from implementing a 4-10 Plan, at their option. 1-5 6-10 11 & Up 10 days 15 days 20 days A. A full time employee, after twelve (12) months continuous service with the City of Diamond Bar, shall be entitled to a vacation of ten (10) work days per year to be accrued at a rate of 3.08 hours per pay period. B. Vacation time may be accumulated to a maximum of twenty (20) days (160 hours). The City Manager may approve vacation time accruals exceeding twenty (20) days. C. The total vacation allowance shall be computed to the nearest whole day, based upon the number of full months of City service. D. In the event one or more municipal holidays follow accumulated vacation leave, such days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon due regard to the needs of the employee's services and the work schedule. F. Vacation shall be taken during the year following which the vacation privilege has been earned. G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council. RESOLUTION 90-45J Page Five H. Employees who terminate shall be paid the salary equivalent to all accrued vacation earned after one (1) year of service has been completed, prior to the effective date of termination. All vacation requests shall be made at least five (5) days in advance and prior approval must be given by employee's supervisor and department head. J. If an employee does not request time off in advance and simply does not show up for work, the City Manager may deny the use of vacation time or other benefit for the time off, and said employee is subject to disciplinary action including discharge. K. Management employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of service. A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period. B. After six (6) months of continuous service, the employee is eligible to use sick leave. C. Unused sick leave may be accumulated to a maximum total not to exceed 160 hours. Absence or illness may not be charged to sick leave if not already accrued and/or accumulated. D. Each full time employee shall be paid one-half (1/2) of the unused balance of the annually accrued sick leave, accrued during a given accrual year, when the then annual accrual results in sick leave in excess of the maximum allowable accumulation of 160 hours. The sick leave payout shall only apply to the amount which is in excess of the maximum allowable accumulated amount of 160 hours. The annual accrued sick leave, over the maximum accumulation, shall be paid once a year, at the employee's current wage at the time of payment. Said payment is to be made on the first day in December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or dependent family members, as determined by the City Manager. In order to receive sick leave with pay, the employee shall notify the department head prior to or within two (2) hours after the time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate or a Personal Affidavit stating the cause of absence. RESOLUTION 90-45J Page Six SECTION 15, SICK LEAVE (CONT'D) F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid leave and does not work a minimum of ten (10) eight (8) hour working days in any one month or combination thereof. G. If an employee does not show up for work and does not call in within two hours, the City Manager may deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary action. H. Employees using all accumulated sick leave may be deemed to have abandoned their employment. I. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (1 /2) of the employee's current rate of pay at his/her date of termination. When circumstances are such and the City Manager determines that conditions warrant, three (3) paid bereavement leave days may be granted in the event of death of a relative of a full-time employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters, grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, or other individuals related by blood or marriage. If an employee does not show up for work for three consecutive work days without notifying said employee's supervisor or department head, said employee shall be considered to have voluntarily terminated employment with the City. Whenever a person is compelled to be absent from employment with the City on account of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that employee's regular salary as it relates to an on-the-job injury and if not covered by Workers' Compensation. RESOLUTION 90-45J Page Seven If a full-time employee is called for jury duty, such person shall receive regular pay while actually performing jury service, however, any amount received by such employee as payment for services as juror shall be reimbursed to the City. All mileage paid to the employee as a juror shall not be considered as a reimbursable item to the City. Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Departments shall keep attendance records of all employees. Absence of any employee without leave may result in possible disciplinary action including discharge. A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. B. The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. Washington's Birthday (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Two (2) Floating Holidays • 07419 1 ere o Lei I I M . A. Each full time employee is allowed two (2) floating holidays (8 hours each) per calendar year, January through December. B. Floating Holidays are not cumulative and must be used during the above period or said employee will lose the allocated hours. RESOLUTION 90-45J Page Eight •ZWJP-q 107411110" . Loin I�; • • C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and department head. D. A full time employee is eligible to use a floating holiday after 30 days of continuous employment. E. Floating Holidays may be used in lieu of sick leave only if all other benefit time has been exhausted. SECTION 23. TRAINING PLAN The City Manager and employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, etc., at the City's expense. • Leave of absence without pay may only be granted by the City Manager. An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation. Failure to give such notice shall mean the employee did not terminate in good standing, unless by reason of hardship and upon that employee's request, the City Manager has waived the two week notice requirement. 011"Keel U 0- U '-• • A. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Councimembers; 2. Standing Board and Commission members; 3. Administrative/Executive employees of the City; 4. Employees of the City Manager's Department; or 5. Employees of the Personnel Department. RESOLUTION 90-45J Page Nine B. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority; 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or morale, an employer may refuse to place both spouses in the same department, division, or facility if the work involves potential conflicts of interest or other hazards greater for married couples than other persons. E. "Relative" means child, step -child, parent, grandparent, grandchild, brother, sister, half- brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in-law, or another individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to the City. • •) M01_. C I 3.I, F.A4 0 CC The City of Diamond Bar does hereby affirm to adopt and support a policy of non-discrimination with regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will not exclude from participation in, deny the benefits of, or subject to discrimination any person on the basis of race, religion, nationality, sex, age or handicap, thereby affirming the City of Diamond Bar's posture as an equal opportunity employer. It is the intent of the City to offer fair and equitable appeals procedures for employee's performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evaluation. RESOLUTION 90-45J Page Ten B. The employee may respond in writing to the contents of the evaluation. This response must be submitted to the department head within five (5) working days immediately following the evaluation. C. The department head, as the reviewing official, shall respond in writing to the employee within five (5) working days. This response becomes an official part of the evaluation. D. If the employee chooses to continue to appeal following the response from the reviewing official, the employee must submit an additional written response to the Personnel Director within five (5) working days after receipt of the reviewing official's response. E. The Personnel Director shall review the evaluation appeal within five (5) days with the employee, supervisor and department head. Every effort will be made at this level to resolve the appeal. F. If the matter is not settled, a written appeal may be submitted tot he City Manager by the employee within five (5) working days following the decision rendered in writing by the Personnel Director. G. The City Manager shall review the appeal with the employee, supervisor, department head and Personnel Director. The decision shall be rendered in writing within five (5) working days by the City Manager and shall be final. All individuals who become a candidate for City employment must successfully pass a post -offer physical and substance abuse exams and are subject to fingerprinting and a background investigation. The candidates being considered for employment will be sent to a City authorized physician at the City's expense. RESOLUTION 90-45J Page Eleven The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee, other than an Administrative/Executive employee, is called out for a City emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time it takes to rectify the problem. B. The employee shall be paid overtime per Section 13. ei m W.11ul► Administrative/Executive employees are allowed two (2) days of administrative leave per fiscal year. Additional days of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above 40 hours per week. A. Administrative/Executive employees do not receive paid overtime, and this leave is to recognize those employees who work over and above 40 hours per week. B. Following is a list of Administrative/Executive positions: Accounting Manager Administrative Analyst Administrative Assistant Assistant to the City Manager Assistant City Manager Assistant Civil Engineer Assistant Planner Associate Engineer Associate Planner City Clerk City Engineer/Director of Public Works Community Relations Officer Deputy Public Works Director Director of Community Development Director of Community Services Secretary to the City Manager Senior Accountant Senior Engineer Senior Planner Superintendent of Parks & Maintenance RESOLUTION 90-45J Page Twelve SECTION 31. ADMINISTRATIVE LEAVE (CONT'D) C. Administrative leave may not be accumulated and carried over to the following year. It must be used by June 30 of each fiscal year. Leave may be granted in hourly increments. Requests shall be submitted to employee's immediate supervisor for approval, then forwarded to the City Manager for approval. Administrative leave will be authorized at the convenience of the City and the work schedule. SECTION 32, MEDICARE Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City will match the 1.45 percent as mandated by law. In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for 18 months, at their expense. Subject to Council fiscal year budget authorization, each employee shall be entitled to reimbursement in the amount of $500 per fiscal year, for college -level or university -level educational courses (including tuition and related books), which have been approved by the personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. RESOLUTION 90-45J Page Thirteen WL"MON91111 W11 1W a ulU K• / t_ u__ 11 I Effective July 1, 1991, part time, seasonal and temporary employees will be covered by a retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to $61,200. The employer's tax rate is the same. Election workers and emergency workers are excepted from coverage, under this section. ADOPTED AND APPROVED THIS day of , 1995 Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of . 1995, and was finally 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: ABSTAIN: COUNCIL MEMBERS: ATTEST: LYNDA M. BURGESS, City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1995-% (3.5%) JOB TITLE A B C D E F G Receptionist 804 8.04 8.44 8.86 9.30 9.77 10.26 10.77 1,392.97 1,462.62 1,535.75 1,612.54 1,693.16 1,777.82 1,866.71 16,715.64 17,551.42 18,429.00 19,350.45 20,317.97 21,333.87 22,400.56 Jr. Clerk Typist 930 9.30 9.77 10.26 10.77 11.31 11.87 12.47 1,612.54 1,693.17 1,777.82 1,866.71 1,960.05 2,058.05 2,160.96 19,350.46 20,317.99 21,333.88 22,400.58 23,520.61 24,696.64 25,931.47 Clerk Typist 1000 10.00 10.50 11.03 11.58 12.16 12.76 13.40 1,733.49 1,820.16 1,911.17 2,006.73 2,107.06 2,212.42 2,323.04 20,801.82 21,841.91 22,934.01 24,080.71 25,284.74 26,548.98 27,876.43 Account Clerk I 1000 10.00 10.50 11.03 11.58 12.16 12.76 13.40 1,733.49 1,820.16 1,911.17 2,006.73 2,107.06 2,212.42 2,323.04 20,801.82 21,841.91 22,934.01 24,080.71 25,284.74 26,548.98 27,876.43 Adminstrative 1095 10.95 11.50 12.08 12.68 13.31 13.98 14.68 Analyst 1,898.63 1,993.56 2,093.24 2,197.90 2,307.79 2,423.18 2,544.34 22,783.52 23,922.69 25,118.83 26,374.77 27,693.51 29,078.18 30,532.09 Secretary 1100 11.00 11.55 12.12 12.73 13.37 14.03 14.74 1,906.03 2,001.33 2,101.39 2,206.46 2,316.79 2,432.63 2,554.26 22,872.32 24,015.94 25,216.74 26,477.57 27,801.45 29,191.52 30,651.10 Code Enforcement 1150 11.50 12.08 12.68 13.31 13.98 14.68 15.41 Officer 1,993.68 2,093.36 2,198.03 2,307.93 2,423.33 2,544.49 2,671.72 23,924.11 25,120.31 26,376.33 27,695.14 29,079.90 30,533.90 32,060.59 Parks Maintenance 1160 11.60 12.18 12.79 13.43 14.10 14.80 15.54 Worker II 2,010.29 2,110.80 2,216.34 2,327.16 2,443.52 2,565.69 2,693.98 24,123.43 25,329.61 26,596.09 27,925.89 29,322.19 30,788.30 32,327.71 Deputy City Clerk 1212 12.12 12.73 13.36 14.03 14.73 15.47 16.24 2,100.65 2,205.68 2,315.97 2,431.77 2,553.35 2,681.02 2,815.07 25,207.81 26,468.20 27,791.61 29,181.19 30,640.24 32,172.26 33,780.87 Administrative 1212 12.12 12.73 13.36 14.03 14.73 15.47 16.24 Secretary 2,100.65 2,205.68 2,315.97 2,431.77 2,553.35 2,681.02 2,815.07 25,207.81 26,468.20 27,791.61 29,181.19 30,640.24 32,172.26 33,780.87 Administrative 1212 12.12 12.73 13.36 14.03 14.73 15.47 16.24 Assistant 2,100.65 2,205.68 2,315.97 2,431.77 2,553.35 2,681.02 2,815.07 25,207.81 26,468.20 27,791.61 29,181.19 30,640.24 32,172.26 33,780.87 Management 1212 12.12 12.73 13.36 14.03 14.73 15.47 16.24 Information System 2,100.65 2,205.68 2,315.97 2,431.77 2,553.35 2,681.02 2,815.07 (MIS) Assistant 25,207.81 26,468.20 27,791.61 29,181.19 30,640.24 32,172.26 33,780.87 Schedule A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1995-96 (3.5%) JOB TITLE A B C D E F G Engineering 1465 14.65 15.38 16.15 16.95 17.80 18.69 19.63 Technician 2,538.57 2,665.50 2,798.78 2,938.72 3,085.65 3,239.93 3,401.93 30,462.89 31,986.03 33,585.33 35,264.60 37,027.83 38,879.22 40,823.18 Planning 1465 14.65 15.38 16.15 16.95 17.80 18.69 19.63 Technician 2,538.57 2,665.50 2,798.78 2,938.72 3,085.65 3,239.93 3,401.93 30,462.89 31,986.03 33,585.33 35,264.60 37,027.83 38,879.22 40,823.18 Community Relations 1465 14.65 15.38 16.15 16.95 17.80 18.69 19.63 Coordinator 2,538.57 2,665.50 2,798.78 2,938.72 3,085.65 3,239.93 3,401.93 30,462.89 31,986.03 33,585.33 35,264.60 37,027.83 38,879.22 40,823.18 Secretary to the 1576 15.76 16.55 17.37 18.24 19.15 20.11 21.12 City Manager 2,731.37 2,867.94 3,011.34 3,161.91 3,320.00 3,486.00 3,660.30 32,776.49 34,415.31 36,136.08 37,942.88 39,840.03 41,832.03 43,923.63 Assistant Civil 1576 15.76 16.55 17.37 18.24 19.15 20.11 21.12 Engineer 2,731.37 2,867.94 3,011.34 3,161.91 3,320.00 3,486.00 3,660.30 32,776.49 34,415.31 36,136.08 37,942.88 39,840.03 41,832.03 43,923.63 Assistant Planner 1576 15.76 16.55 17.37 18.24 19.15 20.11 21.12 2,731.37 2,867.94 3,011.34 3,161.91 3,320.00 3,486.00 3,660.30 32,776.49 34,415.31 36,136.08 37,942.88 39,840.03 41,832.03 43,923.63 Assistant to the 1576 15.76 16.55 17.37 18.24 19.15 20.11 21.12 City Manager 2,731.37 2,867.94 3,011.34 3,161.91 3,320.00 3,486.00 3,660.30 32,776.49 34,415.31 36,136.08 37,942.88 39,840.03 41,832.03 43,923.63 Superintendent of 1829 18.29 19.20 20.16 21.17 22.23 23.34 24.51 Parks/Maintenance 3,170.02 3,328.52 3,494.95 3,669.70 3,853.18 4,045.84 4,248.13 38,040.28 39,942.29 41,939.41 44,036.38 46,238.20 48,550.10 50,977.61 Senior Accountant 1829 18.29 19.20 20.16 21.17 22.23 23.34 24.51 3,170.02 3,328.52 3,494.95 3,669.70 3,853.18 4,045.84 4,248.13 38,040.28 39,942.29 41,939.41 44,036.38 46,238.20 48,550.10 50,977.61 Associate Planner 1916 19.16 20.11 21.12 22.18 23.28 24.45 25.67 3,320.35 3,486.37 3,660.69 3,843.72 4,035.91 4,237.70 4,449.59 39,844.22 41,836.43 43,928.25 46,124.66 48,430.89 50,852.44 53,395.06 Associate Engineer 1916 19.16 20.11 21.12 22.18 23.28 24.45 25.67 3,320.35 3,486.37 3,660.69 3,843.72 4,035.91 4,237.70 4,449.59 39,844.22 41,836.43 43,928.25 46,124.66 48,430.89 50,852.44 53,395.06 Transportation 1916 19.16 20.11 21.12 22.18 23.28 24.45 25.67 Planner 3,320.35 3,486.37 3,660.69 3,843.72 4,035.91 4,237.70 4,449.59 39,844.22 41,836.43 43,928.25 46,124.66 48,430.89 50,852.44 53,395.06 Scnewle A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 1995-96 (3.5%) JOB TITLE 5.18 A B C D E F G Accounting Manager 1966 19.66 20.64 21.68 22.76 23.90 25.09 26.35 7.77 8.28 3,407.77 3,578.16 3,757.07 3,944.92 4,142.17 4,349.28 4,566.74 8.28 8.80 40,893.29 42,937.95 45,084.85 47,339.10 49,706.05 52,191.35 54,800.92 Senior Planner 2059 20.59 21.62 22.70 23.84 25.03 26.28 27.60 15.01 15.53 3,569.38 3,747.85 3,935.24 4,132.00 4,338.60 4,555.53 4,783.31 42,832.52 44,974.15 47,222.86 49,584.00 52,063.20 54,666.36 57,399.68 Senior Engineer 2059 20.59 21.62 22.70 23.84 25.03 26.28 27.60 3,569.38 3,747.85 3,935.24 4,132.00 4,338.60 4,555.53 4,783.31 42,832.52 44,974.15 47,222.86 49,584.00 52,063.20 54,666.36 57,399.68 City Clerk 2137 21.37 22.44 23.57 24.74 25.98 27.28 28.64 3,704.95 3,890.20 4,084.71 4,288.95 4,503.39 4,728.56 4,964.99 44,459.44 46,682.41 49,016.53 51,467.36 54,040.73 56,742.76 59,579.90 Community Services 2223 22.23 23.34 24.51 25.73 27.02 28.37 29.79 Director 3,853.15 4,045.81 4,248.10 4,460.50 4,683.53 4,917.70 5,163.59 46,237.80 48,549.69 50,977.18 53,526.04 56,202.34 59,012.46 61,963.08 Deputy PW Director 2270 22.70 23.84 25.03 26.28 27.60 28.98 30.42 3,935.24 4,132.00 4,338.60 4,555.53 4,783.31 5,022.47 5,273.60 47,222.86 49,584.00 52,063.20 54,666.36 57,399.68 60,269.67 63,283.15 Comm. Development 2878 28.78 30.22 31.73 33.31 34.98 36.73 38.56 Director 4,988.04 5,237.44 5,499.31 5,774.27 6,062.99 6,366.14 6,684.44 59,856.42 62,849.24 65,991.71 69,291.29 72,755.85 76,393.65 80,213.33 City Eng/Public 2878 28.78 30.22 31.73 33.31 34.98 36.73 38.56 Works Director 4,988.04 5,237.44 5,499.31 5,774.27 6,062.99 6,366.14 6,684.44 59,856.42 62,849.24 65,991.71 69,291.29 72,755.85 76,393.65 80,213.33 Assistant City 3058 30.58 32.11 33.71 35.40 37.17 39.03 40.98 Manager 5,300.59 5,565.61 5,843.90 6,136.09 6,442.89 6,765.04 7,103.29 63,607.03 66,787.38 70,126.75 73,633.08 77,314.74 81,180.48 85,239.50 City Manager 8,056.00 96,672.00 PART-TIME/HOURLY Comm. Svcs Leader 5.18 5.70 6.21 6.73 7.25 7.77 8.28 Community Svcs Leader H 7.25 7.77 8.28 8.80 9.32 9.84 10.35 Intern/Part-7Yme 7.25 7.77 8.28 8.80 9.32 9.84 10.35 Parks Mtce Helper 7.25 7.77 8.28 8.80 9.32 9.84 10.35 Comm Svcs Coordinator 9.32 9.84 10.35 10.87 11.39 11.91 12.42 Counter Clerk/Permit Tech 12.94 13.46 13.98 14.49 15.01 15.53 16.05 CITY OF DIAMOND BAR SENIOR PLANNER DEFINITION Under direction of the Community Development Director, performs responsible and complex professional planning work requiring the exercise of independent judgement; assists in the development of department policies and procedures; performs decision making and the application of appropriate rules, procedures and policies in the performance of job duties; performs related duties as required. EXAMPLES OF DUTIES Duties may include, but are not limited to the following: Prepare and present staff reports and recommendations; provide training and guidance to less experienced professional planning staff. Participate in and oversee the Community Development Department in the absence of the Director; oversee, participate in, and coordinate special planning, zoning, and environmental studies. Prepare reports and findings; assume responsibility for the City's environmental review process; review and process all applications, documenting findings and recommendations. Prepare assessment of environmental impact for Environmental Impact Reports; present planning and zoning matters to the City Council, Planning Commission, and citizen committees. Serve as staff to City Council and Planning Commission as necessary. Make recommendations on development permits, special use permits, variances, tentative tract maps, residential planned development permits, as well as other zoning applications. Interpret planning and zoning regulations to the public; participate in the City's economic development program; assume responsibility for presentation of economic information; assure implementation of CDBG economic development programs. Oversee and administer the General Plan, zoning, and subdivision ordinances as necessary; coordinate planning activities with other City Departments, and with outside agencies as required. Participate in the work of professional and technical employees including data collection, analysis, plan formulation, and implementation of a wide variety of planning, zoning, and environmental review activities; maintain detailed socio-economic data and other relevant statistics. CITY OF DIAMOND BAR Senior Planner Rimmusevowe_ 'A Principles and practices of comprehensive urban planning. Research methods and techniques including statistics and statistical analysis. Principles of organization, administration, budget, and personnel management. Ability to: Prepare, analyze, and make recommendations regarding plans and applications received from developers, contractors, and the general public. Communicate effectively, orally and in writing. Study, analyze, and compile technical, statistical, and economic information pertaining to planning, zoning, and economic development research. 's_ _ a _.1aw1a 12 DI1 1 Four years of responsible experience in the field of urban, economic development, and environmental planning, including one year of supervisory experience. Education equivalent to a Bachelor's degree from an accredited college or university with major course work in urban planning, regional planning, or a closely related field. License Possession of a California Driver's License is required. The City will not discriminate against a disabled applicant who is capable of performing the essential requirements of the job with reasonable accommodation. An applicant is not required to disclose information about physical or mental limitations which the applicant believes will not interfere with the ability to do the job. However, if an applicant wishes to have the City consider special arrangements to accommodate a physical or mental impairment, the applicant may identify that impairment and suggest the kind of accommodation that would be appropriate. CITY OF DIAMOND BAR DEPUTY DIRECTOR OF PUBLIC WORKS Under administrative direction, assists in the administration of Public Works functions; assists in the development of department policies and procedures; assists in the development and administration of the department budget; acts as Secretary to the Traffic and Transportation Commission; performs related duties as required. W—FIZIW It 4&13 at 1 Duties may include, but are not limited to, the following: • Plans, directs, and coordinates the work of on-call consultants and subordinate staff in the areas of capital projects, traffic and special projects, and the construction, maintenance or repair of public works facilities. • Assists in the design, preparation, and review of construction plans, site investigations, cost estimates, specifications, and reports for the construction and/or improvement of public works. • Prepares requests for professional services; interviews prospective consultants; provides technical and procedural information; reviews plans and specifications; maintains currency with regulations, litigation, and legislation concerning public works activities. • Meets with developers and contractors to facilitate projects and resolve issues; coordinates projects with other City departments and outside agencies. • Participates in the review of operational procedures to ensure compliance with applicable policies and quality control standards as well as to ensure currency in technique; recommends and initiates changes to departmental procedures, policies, and regulations including engineering design standards. • Assists in the selection of employees; assists in the development of work methods and standards; conducts or assist in the direction of staff training and development; participates in the review and evaluation of employee performance, and in disciplinary action. • Participates in the development and implementation of the Capital Improvement Program and budget. 0 Administers all contracts for the Department of Public Works. As designated representative, represents the department and attends or conducts meetings, leads or participates in discussions regarding activities of the Department of Public Work. Directs the conduct of studies; assists in the preparation of requests for proposal; evaluates bids and recommends selection of consultants and contractors; assists the preparation of reports regarding engineering related issues and the activities of the department. Assists in the preparation and administration of the departmental budget. QUALIFICATIONS Extensive knowledge of engineering principles, methods, and practices as applied in the planning, design, and construction of municipal public works. Laws and regulations governing the design and construction of traffic systems, streets, and capital projects. Considerable knowledge of the methods employed in the development of contracts, agreements, plans, specifications, procedures, and forms associated with public works projects Principles and practices of supervision. Working knowledge of City government and issues of concern to developers, property owners, contractors, private engineers, and others when dealing with the City on engineering matters. Ability to apply engineering principles, methods, and practices. Supervise personnel engaged in engineering, maintenance and inspection work_ Prepare and present reports. Meet the public in situations requiring diplomacy and tact. Communicate effectively both orally and in writing. Establish and maintain cooperative working relationships. Five years of responsible experience in the field of Civil Engineering, public works or related field. Minimum of three years of supervisory experience. Educations equivalent to a Bachelor's degree in Civil Engineering from an accredited college or university. License Possession of certificate of registration as a civil engineer issued by the California State Board of Registration for Civil and Professional Engineers. Possession of a valid Class C California driver's license and a satisfactory driving record. mX411]uuLei Ing 1 11 -,4 1 The City will not discriminate against a disabled applicant who is capable of performing the essential requirements of the job with reasonable accommodation. An applicant is not required to disclose information about physical or mental limitations which the applicant believes will not interfere with the ability to do the job. However, if an applicant wishes to have the City consider special arrangements to accommodate a physical or mental impairment, the applicant may identify that impairment and suggest the kind of accommodation that would be appropriate. CITY OF DIAMOND BAR [iGEN0A REPORT AGENDA NO.: TO: Terrence L. Belanger, City Manager MEETING DATE: September 5, 1995 REPORT DATE: August 22, 1995 FROM: George A. Wentz, City Engineer TITLE: Striping plan for northside of Pathfinder Road Bridge between the S.R. 57 On/Off Ramps. SUMMARY: Currently, westbound Pathfinder Road bridge approaching northbound Brea Canyon Road and between the S.R. 57 On/Off Ramps has two through lanes and a left -turn lane. The curb lane which is 23' wide continues to be utilized by motorists as two lanes. As a result, when motorists reach Brea Canyon Road two 'lanes' of traffic attempt to enter the right -turn pocket for northbound Brea Canyon Road at the same time. These maneuvers create congestion and a potential safety concern. In order to provide proper channelization and effectively manage traffic circulation on Pathfinder Road bridge, the Traffic and Transportation Commission and staff are presenting the attached striping plan for the Council's approval. RECOMMENDATION: It is recommended that the City Council presented and direct staff to stripe the Bridge between the S.R. 57 On/Off Ramps. LIST OF ATTACHMENTS:x Staff Report _ Resolution(s) _ Ordinance(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: approve the striping plan as northside of Pathfinder Road Public Hearing Notification Bid Specification (on file in City Clerk's Office) X Other: Striping Plan Caltran's Encroachment Permit; 7/13/95 T&T Minutes 1. Has the resolution, ordinance or agreement been reviewed N/A by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? X_ Yes _ No Which Commission? TRAFFIC AND TRANSPORTATION COMMISSION 5. Are other departments affected by the report?_ Yes x No Report discussed with the following affected departments: N/A REVIEWED BY: t T rence L. a anger Frank U Aclity rgeA. Wentz City Manager Assistant City Manager Engineer CITY COI NUIL. 7RIVIDtA rr AGENDA NO. MEETING DATE: September 5, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Striping plan for northside of Pathfinder Road Bridge between S.R. 57 On/Off Ramps. ISSUE STATEMENT: In order to provide proper channelization and effectively manage traffic circulation on Pathfinder Road bridge, staff is presenting the attached striping plan for the Council's approval. RECOMMENDATION: It is recommended that the City Council approve the striping plan as presented and direct staff to stripe the northside of Pathfinder Road Bridge between S.R. 57 On/Off Ramps. FINANCIAL SUMMARY: The proposed striping improvements will cost approximately $3,000 and will be funded by the City's Traffic Maintenance Account. BACKGROUND/DISCUSSION: This item relates to a request by concerned citizens to provide a mitigation measure for the utilization of the existing 23' wide westbound curb lane on the northside of Pathfinder Road (between S.R. 57 on and off ramps) by two lanes of traffic instead of one. Currently, westbound Pathfinder Road bridge approaching northbound Brea Canyon Road has two through -lanes and one left -turn lane. The curb lane (prior to the S.R. 57 Off -Ramp) is wide enough (231) to accomodate motorists if they choose to create a "third" lane, which they continually do. Doing so creates congestion and a potential safety issue because motorists accelerate and fight for space as they attempt to enter the "Right -Turn" pocket at Brea Canyon Road. This item has been presented to the Traffic and Transportation Commission at the following three meetings: March 10, April 14, 1994 and July 13, 1995. At the March, 1994, meeting, staff were instructed to investigate striping of the curb lane between SR 57 on and off -ramps as an "Emergency Lane". Staff did not feel that this options would be advisable since drivers are trained to pull to the right during emergency situations and fire trucks and other emergency vehicles are trained to pass on the left and not on the right. At the April, 1994, meeting, Commissioners voted to do no additional striping on Pathfinder Bridge. PAGE 2 PATHFINDER BRIDGE SEPTEMBER 5, 1995 At the July, 1995 meeting, it was brought to the Commissionfs attention that motorists were continuing to create a "third" lane on the northside of Pathfinder Road bridge between the S.R. 57 on and off -ramps. At this meeting Commissioners recommended that the striping of Pathfinder Bridge Road be presented to the City Council to control the westbound traffic turning north onto Brea Canyon Road. As shown on the attached plan, the proposed striping would consist of 12" white diagonals at 20' intervals extending along the northside of Pathfinder Bridge Road between the 57 freeway on and off -ramps and the Park -and -Ride entrance/exit for a width of 10' and tapering to zero at the ramp and Park - and -Ride curb returns. The proposed striping is designed to provide proper channelization and effectively manage traffic circulation on Pathfinder Road bridge before motorists get to northbound Brea Canyon Road. PREPARED BY: Anne X. Garvey ENCROACHMENT PERMIT TR -0120 INSN 9/91) In compliance with (check one): X Your application of JULY 21, 1995 Utility Notice No. of Agreement No. of o/W Contract No. of TO: City of Diamond Bar 21660 E. Copely Drive Suite 190 Diamond Bar, Ca. 91765 AL._.City Engineer Permit No. 795-NTK-1550 Dist/Co/Rte/PM 07 -LA -057-R3.11 Fee Paid Deposit Performance Bond Amount (1) 1payment Bond Amount (a) Bond Company N/A Bond Number (1) N/A Bond Number (2) N/A PHONE: (909)396-5671 �J , PERMITTEE subject to the General Provisions and the following, PERMISSION IS HEREBY,GRANTED to: ENCROACH WITHIN STATE HIGHWAY RIGHT-OF-WAY FOR THE PURPOSE OF CONDUCTING TRAFFIC CONTROL IN CONJUNCTION WITH A 10' WIDE DIAGONAL STRIPING .(12" WHITE AT 201 O.C.) ALONG THE NORTH SIDE OF PATHFINDER ROAD BETWEEN NORTHBOUND ROUTE 57 ON-RAMP AND THE SOUTHBOUND OFF -RAMP IN THE CITY OF DIAMOND BAR; ALL IN ACCORDANCE WITH CURRENT STATE SPECIFICATIONS, THE ATTACHED SPECIAL PROVISIONS AND PERMIT PLANS DATED AUGUST 18, 1995. PERMITTEE SHALL NOTIFY PERMIT INSPECTOR BY CALLING DON DRAKE AT (909)397-4325 BETWEEN 0700 AND 0900 A MINIMUM OF THREE WORKING DAYS PRIOR TO THE INITIAL START OF WORK AND ONE WORKING DAY PRIOR TO CLOSING TRAFFIC LANES. PERMITTEE SHALL ARRANGE A PRE -CONSTRUCTION MEETING WITH THEIR CONTRACTORS AND THE PERMIT INSPECTOR TO INSURE A COMPLETE UNDERSTANDING OF THE WORK AND PERMIT REQUIREMENTS. "BY ACCEPTANCE OF THIS PERMIT, THE PERMITTEE UNDERSTANDS AND AGREES TO REIMBURSE THE STATE FOR ANY AND ALL COSTS INCURRED FOR HAVING CORRECTIVE WORK PERFORMED BY STATE FORCES OR UNDER CONTRACT IN THE EVENT THAT THE PERMITTEE, HIS CONTRACTOR OR SUBCONTRACTOR FAIL TO INSTALL, REPLACE, REPAIR, RESTORE OR REMOVE FACILITIES TO STATE SPECIFICATIONS FOR THE IMMEDIATE SAFE OPERATION OF THE HIGHWAY AND SATISFACTORY COMPLETION OF ALL PERMIT WORK. ITt IS UNDERSTOOD THAT THE ABOVE CHARGES ARE IN ADDITION TO ANY PERMIT FEES AND THAT THE PERMITTEE WILL BE BILLED FOR SAID CHARGES AFTER SATISFACTORY COMPLETION OF ALL PERMIT WORK." X Yes Yes No K Yes No Yes X No (Continued) attachments are also included as part ttee General Provisions Yes X No Review Utility Maintenance Provisions Yes X No Inspection Special Provisions A,Q. X Yes _ No Field Work A Cal -OSHA permit required prior to beginning work: (If any Caltrans effort expended) Yes -.A_ N.A. The information in the environmental documentation has been reviewed and considered prior to approval of this permit. THIS PERMIT IS VOID UNLESS THE WORK IS COMPLETED BEFORE JANUARY 1, 1996. This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. EAST REGION/DIAMOND BAR APPROVED: DRAKE -INSPECTOR 6b ,�_� �• RAYMOND L. HINTON,STRICT PERMITS ENGINEER BY: BVH• �,Qg.� ��� V�•,� �� AB"ZJ AE ANSARI, PERMIT ENGINEER 1 July 13, 1995 Page 5 TAT Commission V. OLD BUSINESS: A. Conceptual striping plan for northside of Pathfinder Road between SR 57 On/Off-Ramps. SE/Liu stated that at the June 8, 1995 Traffic and Transportation Commission meeting, it was brought to the Commission's attention that motorists create a "third" lane on the northside of Pathfinder Road bridge approaching northbound Brea Canyon Road. Currently the curb lane is wide enough (231) to accommodate motorists if they choose to create a "third" lane. At this time, staff feels the proposed striping is adequate to provide proper channelization and effectively manage traffic circulation on the Pathfinder bridge. Staff recommends that the Traffic and Transportation Commission review the conceptual striping plan and request staff to recommend to the City Council restriping of the subject area. The City will coordinate this matter with CalTrans. C/Chavers stated he recalls that a citizen made an impassioned plea that emergency equipment could never get across the bridge. There was a public recommendation for creation of an "Emergency Vehicle Only" median lane. In his opinion, the striping should be recommended to control the westbound traffic turning north on Brea Canyon Road. Responding to VC/Leonard, Sgt. Rawlings stated emergency vehicle drivers are trained not to pass on the right because the public is advised to pull to the right when an emergency vehicle appears in their proximity. As a result, this could create a hazard. C/Chavers stated emergency vehicles would more likely use opposing lanes for a short segment and then return to their lane of traffic. VC/Leonard stated that, with the expansion of the Pathfinder bridge, she does not perceive a problem with emergency vehicle traffic. A motion was made by C/Chavers and seconded by VC/Leonard to accept staff's recommendation to recommend to the City Council restriping of the subject July 13, 1995 Page 6 T&T commission VI. area. The motion was approved 3-0 with the following roll call: AYES: COMMISSIONERS: Chavers, VC/Leonard, Chair/Istik NONE: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Ortiz, Gravdahl EW BUSINESS A. Request for a stop sign on Cliffbranch Drive aZella Vine Drive. AA/ erra stated that at the January 12,,,A95 -Traffic and ansportation Commission meeting, stanard of practi to address future requests f stop signs at resident'al T -intersections was disc ssed and approved. The inter ction of Cliffbranch Dr' a and Bella Pine Drive was f ld investigated by a Department of Public Works d is scheduled f discussion by the Commission. St f is of the inion that, based on the downgrade, sight istance, a d the volume of traffic on Cliffbranch Drive, stop gn at the intersecting leg of the subject inter cti can reinforce the requirement to yield t ncoming traffic. Staff recommends that he raffic and Transportation Commission recommen to the ity Council the installation of a op sign o Cliffbranch Drive at Bella Pine Drive. Responding to C Chavers, SE/Liu st ted that installation the stop sign will i lude a stop bar pavement mar ng. A motion w s made by C/Chavers and seconde by VC/Leonar to accept staff's recommendation o recommen to the City Council the installatio of a stop si n on Cliffbranch Drive at Bella Pine D 've. The mo ion was approved 3-0 with the following 11 call: /NES: COMMISSIONERS: Chavers, VC/Leonard, Chair/Istick COMMISSIONERS: None AIN: COMMISSIONERS: None t CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TU: Terrence L. Belanger, City Manager MEETING DATE: September 5, 1995 REPORT DATE: August 8, 1995 FROM: George A. Wentz, City Engineer TITLE: Expansion of Park and Ride Lot at 100 N. Diamond Bar Boulevard SUMMARY: The Diamond Bar park and ride lot adjacent to State Routes 57 and 60 currently has 260 parking spaces and is fully utilized. The proposed expansion will add another 125 spaces to the existing facility. The project will be funded jointly by Caltrans and the City of Diamond Bar. As proposed, Caltrans and the City will contribute $234,000 and $70,000, respectively towards the project. A cooperative agreement has been developed to specify the terms and conditions under which this project is to be engineered, constructed, financed, and maintained. RECOMMENDATION: It is recommended that the City Council authorizes the Mayor to enter into a cooperative agreement with Caltrans. LIST OF ATTACHMENTS: EXTERNAL— DISTRIBUTION. CHECKLIST: Staff Report _ Resolution _ Ordinances(s) Agreement(s) — Public Hearing Notification _ Bid Specifications Other: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? — 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes 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: REVIEWED BY: 2 Terfence L. Bel er Frank Usher < rge A. Ven City Manager Assistant City Manager /O(City Engineer C: \wP60\LINDAKAY\ AGEN951plmri&.905 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 5, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Expansion of Park and Ride Lot at 100 N. Diamond Bar Boulevard ISSUE STATEMENT: To clearly specify the terms and conditions under which the Diamond Bar Park -N -Ride Lot Expansion Project is to be engineered, constructed, financed, and maintained. RECOMMENDATION: It is recommended that the City Council authorizes the Mayor to enter into a cooperative agreement with Caltrans. 1011: ► lulu r411 �Alv The total project cost estimate, including design and construction management costs, is estimated to be $304,000. The city's share is $70,000 of Proposition A Local Return Fund and the State's share is $234,000. BACKGROUND/DISCUSSION: The Diamond Bar park and ride lot adjacent to State Routes 57 and 60 currently has 260 parking spaces and is fully utilized. This proposed expansion will add another 125 spaces to the existing facility. As an effective means for responding to the public needs, this expansion will further promote/encourage carpooling, vanpooling, and transit use. The advent of the Route 60 HOV and extension of the Route 10 HOV will further stimulate ridesharing and transit use and create more demand for this park and ride lot facility. The project will be funded jointly by Caltrans and the City of Diamond Bar. Additionally, Caltrans has accepted to be the lead agency in design and construction of this project. As proposed, Caltrans and the City will contribute $234,000 and $70,000, respectively, towards the project. 1 City Council Report Park -n -Ride Page Two At the August 15, 1995 City Council meeting, the following concerns/issues were raised: • Existing/Proposed Landscaping; • Enhancement/Upgrade of the Park -n -Ride lot; • Origins/Users of the Park -n -Ride lot; and • Bulletin Board/Display Signs for Local Businesses. On August 22 and 29, 1995, Staff conveyed and discussed the aforementioned issues with Caltrans. As a result, the attached cooperation agreement has been revised to assure that the City will have the opportunity to review and approve the plans and specifications for this project. Additionally, Caltrans staff will also be presenting to the City Council at your meeting of September 5, 1995 the landscaping layout plan and the results of the license plate survey. As a separate legal instrument, Caltrans indicated that at the City's request an easement may be granted to the City of Diamond Bar for the purposes of a board/sign. For compliance, we will need to meet all requirements as set forth in the City's sign ordinance. Staff has been informed by Caltrans that the plans and specifications should be finalized by the end of January in 1996. Tentatively, the project is scheduled for solicitation of bids in February of 1996 with construction starting in March of 1996 and work to be completed by December of 1996. Prepared By: David G. Liu CAWP60kLMAKAY\CCR-9mplmMe.807 2 Y cc 0 U. a C. v � N D Fi A tq - CL x W • Z3 0 CL O L IL w _ m � m va X a w Z +� JAN -08-100 SUN 05:05 ID: TEL NO: L #030 P02 7 -Los Ah9e1e0-60 - 25.6 07380 E.A. No. 455100 Location: Route 57-60 Freeways Diamond Har Boulevard District Agreement NO. 4280 COOPIRATIYE AnzinguT This AGREEMENT, ENTERED INTO ON IS BETWEEN THE STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and the CITY OF DIAMOND BAR, a body politic and municipal corporation of the STATE Or CALIFORNIA, referred to herein as "CITY". -••• JAN -06-'00 SUN 05:05 ID: TEL N0: I #030 P03 + District Agreement No. 4280 1. STATE and CITY, pursuant to Streets and Highways Code Section 146.5, are authorized to enter into a cooperative Agreement to construct, maintain and operate fringe or transportation corridor parking facilities. 2. It is in the public interest to conserve energy, improve air quality, reduce congestion, lower transportation costs, reduce maintenance on existing highway facilities, decrease noise pollution and decrease demand for parking. 3. Ridesharing, including carpooling, vanpooling, and bus transit, is an effective means for responding to such public goals. 4. It has been determined that the construction of an addition to the Park -and -Ride faoility located at Routes 57 and 60 Freeways at Diamond Sar Boulevard, referred to herein as "PROJRCT", would reduce motor vehicle congestion, improve highway safety and carry out the public interest. 5. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be engineered, constructed, and financed. A CTION I STATE AGREES: 1. To provide plans, specifications and estimates (PS&E) and all necessary construction engineering services for PROJECT, subject to review and approval by CITY. A conceptual plan for PROJECT is shown on Exhibit A, which is attached and made a part of this Agreement. 2. To construct PROJECT by contract in accordance with plans and specifications of STATE. 3. To pay STATE's share of PROJECT cost as shown on Exhibit B, which is attached and made a part of this: Agreement. In no event shall STATE°s total obligation for PROJECT costs under this agreement exceed the amount of $234,000; provided that STATE may, at its sole discretion authorise a greater amount. 4. To maintain and operate the parking facility and all improvements thereon and bear the expense thereof. There shall be no charge to commuters using the Park and Ride facility. - 2 - JAN -08-'00 SUN 05:06 ID: TEL N0: #030 PO4 -�- District Agreement No. 4280 1. To deposit with STATE within 25 days of receipt of billing therefore (which billing will be forwarded immediately following SITATE's award of a construction contract for PROJECT), the amount of $70,000.00, which figure represents CITY's financial contribution of the cost of work to be performed by STATE on CITYOs behalf pursuant to this Agreement. SECTION III 1_'T =g MITU LU AGREED: I. All obligations of STATE under the terms of this Agreement are subject to the appropriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suites or actions of every name, kind and description brought for or an account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this. Agreement. 3. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.9) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. - 3 - .�.�..vh,U 0W.M L6:14 11 i�_,__, 'A6R _' jl,.J'NtEU PAYE S) JAN -08-'00 SUN 05:07 ID: TEL N0: t#030 P05 District Agreement No. 4280 4. Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in the STATE. No further agreement will be necessary to transfer ownership as hereinabove stated. S. Those portions of Agreement pertaining to the construction of PRWZCT shall terminate upon completion and acceptance of the construction contract for PROSECT by STATE, or on January 1, 1997, whichever is earlier in time; however, liability, operation and maintenance clauses shall remain in affect until terminated or modified in writing by mutual agreement. STATE OF CALIVOMIA Departtent of Transportation JMM5 We VAN LO M 8lL8 Director of Transportation ey mm X11 8T!!L! District Director Approved as to Form and procedure: Attorney DepartReat of Transportation Certified as to Funds: manager, office of sudgi Certified as to Procedure: 4 - CITY OF DZAKOND BAR A Muniaipai Corporation Sys Mayor Attests Approved as to Forms City Attorney DIAMOND BAR PARR AND RIDE EXPANSION COOPERATIVE AGREEMENT 7—LA-60 R 25.6 Rtes. 57 & 60 Freeways @ Diamond Bar Blvd. Sryy , �1 Proposed Expansion !� r ` cccc \� CC 9 cc _ ria ! -- I �. �. cc r M � • '-7 � �t ? Q I � 51,OPE d � A EXHIBIT A No'Scale DIAMOND BAR PARR AND RIDE EXPANSION COST ESTIMATE ffEw ocx-j�lmon Uw Gu+wrrrr UWT Pq = Awou"t Clearing and Grubbing SF 36,200 175 27,150 Tree Removal 8A 8 600 !00 4,800- ' Excavation (wall) C7i 65 25 100 1,625 wall Back Fill CV. 75 40 00 3,000 wall Masonry Block ISF 1,075 8X75 9-,406 Grading and Compaction Cy 11800 8 ISO 159?300 - Asphalt TON I 942- 30 100 -28,260 , Strippiag and Marking LS 5t= 41500, i Landscaping LS 10% 8,950 8,950 A Ramp w/4' Wing Wall Cy 231---- 299 100 6,877 Minor Concrete = Cy 20 - " 200'100 = 4,000 _" RV Pads Cy 28 150 too. 4,200 " Guard Rail. . LF 210 17 100 3,600 i Utility Relocation HA 3. 2,000 00 6.000 Modify inlet Grate BA 1.- 800 l00 _ 800or Elee-.Tical Lighting Rype 15 BA 5 1,630 X00 8,250 1 Electical Conduit and Mira LF - 600'= --30 00 18,000 ` Fencing LF 750 11 j00 8,250. Parking Bumpers BA 40 18 l00 750 Profit and Overhead - 28% ' 45,841 Y Contingencies (20%) S 43,441 Subtotal - _- __- $253,000 - Plans,` Specifications and Estimates (PS&E) Construction Engineering Services and Oversight S 51.000 TOTAL -$304,000 STATE'S SHARE -$234,000 CITY'S SHARE 70000 FXHIRIT R -- GiT1- Or r�iAiviOZl]D' i9rlii AGENDA REPORT AGENDA NO..b TO: Mayor and City Council MEETING DATE: September 5, 1995 REPORT DATE: August 17, 1995 FROM: Terrence L. Belanger, City Manager ISSUE: Consideration of increasing the authorized expenditure amount re Leighton and Associates, Inc. geotechnical review (westerly portion of Diamond Bar at Morning Sun). DISCUSSION: In October, 1994, the City Council entered into an agreement with Leighton and Associates, Inc. to provide professional soils and geotechnical engineering services on an as -needed basis with an amount not to exceed $10,000 for individual assignments. Leighton and Associates, Inc. has provided geotechnical review services for the landslide located in the westerly portion of Diamond Bar at Morning Sun during the months of May and June 1995. An initial payment was made to Leighton and Associates, Inc. for services rendered, in the amount of $8,953.42. A second invoice has been received in the amount of $5,056.21 for additional charges to date. It is anticipated that an additional amount of $5,000 will be needed to do remedial plan review, when the plans are submitted by the property owners. RECOMMENDATION: It is recommended that the City Council approve an additional allocation, not to exceed $10,000, to Leighton and Associates, Inc., which results in a total amount not to exceed $20,000 for geotechnical review services related to the westerly portion of Diamond Bar landslide. SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belang r City Manager AT►TV AT ,,r, AGENDA REPORT AGENDA NO. �:?Jj_ TO: Terrence L. Belanger, City Manager MEETING DATE: September 5, 1995 REPORT DATE: August 29, 1995 FROM: George A. Wentz, City Engineer TITLE: The 1995-96 Slurry Seal Improvement Program - Area Six SUMMARY: The City of Diamond Bar is divided into seven areas for road maintenance programming purposes. This year's program includes patching and slurring of streets- in Area 6. Specifications for the subject project are complete. RECOMMENDATION: That City Council adopt Resolution 95 -XX approving the specifications of the 1995-96 Slurry Seal Project and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: X Staff Report —Public Hearing Notification X Resolution(s) -X Bid Specifications (on file in City Clerk's office) _ Ordinances(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes X 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: _ REVIEWED BY: Terrence L. 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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, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. The Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code § 1775, the Contractor shall forfeit, as penalty to the 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, workmen, 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 § 1777.5 of the Labor Code, as amended, 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 § § 177.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. § 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 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 employment in the area of coverage by the joint apprenticeship committee has exceeded an 2 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 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 § § 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall 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, 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, workmen, 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 3 as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code § 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City. If the City awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The 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, 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 for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C-12 and/or C-32 contractor at time of bid in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000, et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City. 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. Copies of the plans and specifications will be furnished upon application to the City and payment of $20.00, said $20.00 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 nonreimbursable payment of $10.00 to cover the cost of mailing charges and overhead. 4 The successful bidder will be required to enter into a contract satisfactory to the City. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar reserves the right to reject any and all bids. No bidder may withdraw a bid for a period of sixty (60) days after the date of the bid opening. 1995 By order of the City Council of the City of Diamond Bar. Dated this day of , 1995. PASSED, APPROVED AND ADOPTED day of MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of 1995, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - C:\WP60\LINDAKAY\RESO-95\SLURRY.828 5 LYNDA BURGESS, City Clerk City of Diamond Bar -TT AGENDA- REPORTR-R AGENDA NO: !�- TO: Terrence L. Belanger, City Manager MEETING DATE: September 5, 1995 REFCRr DFdE: August 25, 1995 FROM: George A. Wentz, City Engineer TITLE: Accepting the Dedication of Sanitary Sewer Improvements for Public Use in Tract 50519 and Requesting the Los Angeles County Consolidated Sewer Maintenance District to Complete Annexation of the Area within said Subdivision and Immediately Commence Operation and Maintenance of Sewer Improvements known as Private Contract No. DB -94-001 located at 300-366 Torito Lane in Tract 50519. SUMMARY: P.C. No. DB -94-001 was constructed in 1994 as part of the improvements in Tract 50519. Subsequently, the sewer was inspected and approved by the City of Diamond Bar Department of Public Works based upon the satisfactory completion of the improvements per approved plans. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 95 -XX accepting the dedication of Sanitary Sewer Improvements for public use in Tract 50519 and requesting the Los Angeles County Consolidated Sewer Maintenance District to complete annexation of the area within said subdivision and immediately commence operation and maintenance of Sewer Improvements known as Private Contract No. DB -94-001 in the City of Diamond Bar. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution _ Bid Specification (on file in City Clerk's Office) Ordinances(s) X Other: Plot Plan and Sewer Permit Finaled by Inspector EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? Yes X No 2. Does the report require a majority or 4/5 vote? 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: Terrence L. BelaFrank sh orge A. entz City Manager Assistant City Manag City Engineer L11 1 C:V CJPiCi r r . r%JUJt_ Vl`i"1 AGENDA NO. MEETING DATE: September 5, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Accepting the Dedication of Sanitary Sewer Improvements for Public Use in Tract 50519 and Requesting the Los Angeles County Consolidated Sewer Maintenance District to Complete Annexation of the Area within said Subdivision and Immediately Commence Operation and Maintenance of Sewer Improvements known as Private Contract No. DB -94-001 located at 300-366 Torito Lane in Tract 50519. ISSUE STATEMENT: This report contemplates an acceptance by the City Council of a dedication of Sanitary Sewer Improvements for public use in Tract 50519 and a request to the Los Angeles County Consolidated Sewer Maintenance District to complete annexation of the area within said subdivision and immediately commence operation and maintenance of Sewer Improvements known as Private Contract No. DB -94-001 located at 300-366 Torito Lane in Tract 50519. The District reviewed and approved the plans for the subject sewer from a maintenance perspective on April 27, 1994. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 95 -XX accepting a dedication of Sanitary Sewer Improvements for public use in Tract 50519 and requesting the Los Angeles County Consolidated Sewer Maintenance District to complete annexation of the area within said subdivision and immediately commence operation and maintenance of Sewer Improvements known as Private Contract No. DB -94-001 located at 300-366 Torito Lane in Tract 50519. The process of accepting and transferring this sewer has no financial impact on the City's 1995-96 Fiscal Year budget. BACKGROUND: Sanitary Sewer P.C. No. DB -94-001 was constructed in 1994 as part of the improvements in Tract 50519. Subsequently, the sewer was inspected and approved by the City of Diamond Bar Department of Public Works Consultant Inspector Mike Myers of Charles Abbott Associates. DISCUSSION: The sewer construction at 300-366 Torito Lane, in Tract 50519, was completed in 1994. The sewer was designed and constructed to serve thirty-four townhomes which constitute Tract 50519. The work is in accordance with the plans approved by the City of Diamond Bar. Staff has completed the dedication acceptance and maintenance transfer Resolution. A copy of this Resolution and a map of the project area is attached for your review. PAGE 2 SEPTEMBER 5, 1995 P.C. DB -94-001 The City Engineer has made a final inspection of the sewers constructed under permit and shown per "as -built" plans for Sanitary Sewers to be constructed in Tract 50519, Private Contract No. DB -94-001 and verifies that improvements are constructed in substantial conformance with these plans. It is recommended that said improvements be accepted by the City for use of the public. Upon acceptance of these improvements by the City Council, staff will transmit "as -built" drawings and the signed Resolution No. 95 -XX to the District specifically requesting that the District commence maintenance of the improvements immediately. PRSPA M BY: Anne X.Garvev t �aT�Nq .y EL YADO 'yp � l TORm Ltd DIAMOND BAR BLVD._ EXIST. 8" SEWER PER PRIVATE CONTRACT NO.5815 2 PAGE 2 I NDIEX MAP .SCALE 300 TO 3ro6 TORITO .ANE CITY OF DIAMOND BAR TRACT NO. 50519 P.C. D. 5. - 94- 001 O INDICATES PAGE NUMBER CITY OF DIAMOND BAR 2166o E. COPLEY DRIVE, SUITE 190 — 93-10-7 3 t O - DIAMOND BAR, CA 91765 7 909-396.5671 at bed below with The undersigned hereby makes applicabon to construct specififimprovements ia o Diamond Bar Municipal Costreetsand a location ap roo ed S�etConstruction the understanding all work is subject to the p roe isions of the City of Diamond Bar Municipal Code and an app Permit. applicant that the City of DiamondBar and any of its officers In consideration of the granting of the pem:it, it is further agreed by the or damage to persons or employees shall be saved harmless by the applicant from any liability or responsibility for any accident, los cation and theerniit as the proximate result of any work undertaken under the terms of this app or property, happening or occurring licanL Traffic Control devices or permits which may be granted in response thereto, and that all liabilities are hereby assumed by the app permit shall expire six shall be installed per Cal-Tran's Traffic Manual and W.A_T.C.H. Handbook before start of construction. This pe xP (6) months after the date issued. PROPOSED CONSTRUCTION: (Describe and show sketch if appropriate) Z O Z- v�A to rJ t l aLOCATION OF WORK: . ,-t-,-I^ i r 1 14 tJ t Signature ff Applicant pplicant GAnI Ci2Uu/�='� Applicant (printed) //0 J,JlLSi1i/: c 5/ F. 11 o J Address City, Zip Code 7 213 J OLl/ (7<<) 52 -2 �l (m ice & 24 hr. Emergency Numbers) Estimated value of work: $ ZS 1000 �l /7 y `� Date— T' % _ C�UcJC `I Contractor Address rt,C.! F1 , i L)/J City, Zip Code Telephone (Office & 24 hr_ Emergency Numbers rct the improvements as noted on this permit and per the appiuvuu p— Permission is granted to Applicant as noted above to construp y p rated in this permit in accordance with the standards ands ecifications of the Cit of Diamond Bar for public improvements. Incorporated n this for are all applicable approved plans for the improvement and special conditions attached hereto, including the Standard Specifications J'Works Construction, latest edition. 12 I -7 I-73CR�126E For City Engineer ~ PERMIT NO. 4" rR cc 41 DATE ISSUED 2 L Applicant Copy - White Cashier Copy - Goldenrod Office Copy - Green ' Offce - Pink & Yellow PLAN CHECK FEE PERMIT ISSUANCE FEE SSM �30i qi6 00 GT&RANTEE (CASH BOND) INSPECTION FEE TOTAL AMOUNT DUE City Engineers i Wo k initi to fo cal ' g for inspection under thismit`s subject to removal and reconstruction. 396���A 1 EAT 24 HOURS BEFORE STARTING WORK pi>=I4c�t RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACCEPTING THE DEDICATION OF SANITARY SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. DB -94-001 IN TRACT 50519, FOR PUBLIC USE AND REQUESTING THE LOS ANGELES COUNTY SEWER MAINTENANCE DISTRICT TO COMPLETE ANNEXATION OF THE AREA WITHIN SAID SUBDIVISION AND IMMEDIATELY COMMENCE OPERATION AND MAINTENANCE OF SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. DB -94-001 IN THE CITY OF DIAMOND BAR. A. Recitals (i) The Subdivision Agreement for Tract 50519 between the Subdivider of Tract 50519, Diamond Development Company, a California Limited Partnership, and the City of Diamond Bar required the installation of sanitary sewers as approved by the City Engineer of the City of Diamond Bar; and (ii) The City Engineer has determined that these sanitary sewer improvements have been installed in accordance with approved plans; and (iii) The Subdivider has made an offer of dedication of sewer improvements known as PRIVATE CONTRACT NO. DB -94-001 as described in Exhibit A; and (iv) The Subdivider has made application to the Los Angeles County Sewer Maintenance District to initiate proceedings to Annex the area of Tract No, 50519 to said District for future operation, maintenance and repair of said improvements; and (v) The City of Diamond Bar by order of City Council Resolution No. 89-32 has granted its consent and jurisdiction to the Los Angeles County Sewer Maintenance District to annex all such territory within the City of Diamond Bar to the District; and (vi) The public interest and convenience will best be served by the operation and maintenance of the sanitary sewer improvements shown in Exhibit A attached hereto, by the Los Angeles County Sewer Maintenance District. B. Resolution NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1 The facts set forth in Part A, Recitals, hereinabove are true and correct. Section 2 The City Council of the City of Diamond Bar hereby accepts, on behalf of the public for public use, the dedication of sanitary sewer improvements constructed for Tract 50519. Section 3 The City hereby requests the Los Angeles County Sewer Maintenance District to complete annexation of the property within tract No. 50519 and immediately commence operation and maintenance of sanitary sewer improvements known as Private Contract No. DB -94-001 within said subdivision as shown in said Exhibit A. Section 4 Reference is hereby made to "As Built" drawing for Sanitary Sewers to be constructed in Tract No. 50519, Private Contract No. DB -94-001 Pages 1 and 2; the plans and profile of said sewer improvements are on file in the office of the City Engineer for further data as to the exact location, extent and description of said sewer improvements. Section 5 The City Engineer is directed and ordered to prepare all necessary instruments and documents, to cause the Los Angeles County Sewer Maintenance District to initiate immediate operation and maintenance of said improvements. Section 6 The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this fifth day of September, 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 fifth day of September, 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 EXHIBIT "A" Private Contract DB -94-001 A vitrified clay pipe sewer system and appurtenant structures for Tract No. 50519 as shown on map filed in Book 1205, pages 86 to 88; inclusive, of Maps, Records of the County of Los Angeles, generally described as follows: The sewer facilities within Hidden Springs Complex Tract 50519 commence at an existing manhole approximately 29 feet east and 27 feet south from the northerly corner of Tract 50519 and continue southerly and easterly to it's terminus point within Lot 1 as shown on approved drawings for "Sanitary Sewers to be constructed in Tract 50519, Private Contract No. DB -94-00111, pages 1 and 2, on file in the Office of the City Engineer of the City of Diamond Bar for a total length of approximately 317 L.F. AGENDA ITEM NO. 8.1 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.:.% TO: Terrence L. Belanger, City Manager MEETING DATE: September 5, 1995 REPORT DATE: August 14, 1995 FROM: George A. Wentz, City Engineer TITLE: Renewal of Contract with Community Disposal Company to Provide Street Sweeping Services in the City of Diamond Bar. SUMMARY: On October 1, 1990, the City of Diamond Bar entered into a five- year Agreement with Community Disposal Company to provide street sweeping services for the City of Diamond Bar. The City has the discretion to extend the contract one additional term of 5 -years. The current contract will expire on September 30, 1995 unless the Council extends the contract. The City has reviewed the quality of service provided by Community Disposal Company which has been very good. Staff has also researched the street sweeping rates in the surrounding Cities in comparison to that quoted by Community Disposal Company and based upon these two facets, it is recommended that the contract be extended. RECOMMENDATION: It is recommended that the City Council renew the current street sweeping services contract with Community Disposal Company, for an additional five years, ending on September 30, 2000. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) Bid Specifications (on file in City Clerk's Office) Ordinances(s) X Other:Survey on Street Sweeping Contracts with other Cities X Agreement 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: CITY MANAGER'S OFFICE REVIEWED BY: Ter ence L�_Ianffe, Frank . Us r G org A.en z City Manager Assistant City Manage City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 5, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Renewal of Contract with Community Disposal Company to provide Street Sweeping Services in the City of Diamond Bar ISSUE STATEMENT The City desires to continue providing cost effective street sweeping maintenance services for the Diamond Bar Community. RECOMMENDATION It is recommended that the City Council renew the current street sweeping services contract with Community Disposal Company, for an additional five years, ending on September 30, 2000. FINANCIAL SUMMARY The budget for FY 95-96 street sweeping services is $105,000. BACKGROUND/DISCUSSION On October 1, 1990, the City of Diamond Bar entered into a five-year Agreement with Community Disposal Company to provide street sweeping services for the City of Diamond Bar's 250 street curb miles. The City has the discretion to extend the contract one additional term of 5 -years. The current contract will expire on September 30, 1995 unless the Council extends the contract. The City has reviewed the quality of service provided by Community Disposal Company which has been very good. Staff has also researched the street sweeping rates in the surrounding Cities in comparison to that quoted by Community Disposal Company. As shown on the attached survey, staff from the City Manager's Office contacted thirteen (13) Cities who contract out their street sweeping contracts. The average street sweeping rate per mile gleaned from the survey was $13.20 and the average number of curb miles swept was 3,446. It should be noted that the City of Diamond Bar's current street sweeping service rate is based upon a bi-weekly sweeping schedule. In staff's discussions with the other Cities listed on the attached survey, we noted that their street sweeping rates are also based upon factors such as: • number of curb miles; • street classifications; • frequency of service; and • terms and conditions of contract. 1 STREET SWEEPING SERVICES AGREEMENT THIS AGREEMENT is made as of September 5. 1995 by and between the City of Diamond Bar, a municipal corporation ("City") and Community Disposal Company, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide street sweeping services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such street sweeping services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A". B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A". 2. Term of Agreement. This Contract shall take effect October 1. 1995, and shall continue until September 30. 2000, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall be in accordance with Consultant's Proposal, dated August 17, 1995. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: Terrence L. Belanger, City Manager City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 917654177 Consultant: Ron Arakelian, Jr., Vice President Community Disposal Company 14048 Valley Boulevard P.O. Box 6009 City of Industry, CA 91715-0009 950525 10572-00001 Lj/edl 1092677 4 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be 95OZ 10572-00001 >sjlsa1 10926-n 4 Page 2 conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $5,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $10,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, automotive liability, and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less 950525 10572-0001 lsvO IM6n 4 Page 3 that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon ninety (90) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the ninetieth (90th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter 950525 105n-00001 lej/edl 109M77 4 Page 4 throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement .nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by 9W25 10572.00MI ]sj/sdl 10Mn 4 Page 5 City shall in no way impair or prejudice any right or remedy available to City with regard m such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall coma mce any legal or equitable action or proceeding to enforce or interpret the provisions of this Agrecumt, the prevailing party In such action or proceeding shall be entitled to recover its coats of suit, including reasonable attorney's fees and costs, Including coats of wgwt witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by f wzWle before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set fiorth in the Agreement, or to such other addresses as the parties may, from time to time, designates in writing pursuant to the provisions of this section. 23. Goverriing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24, Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entine Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or broach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. RzWbits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreeumm as of the dace first written above:. "City. ATTEST: CITY OF DIAMOND BAR By: By. City Clerk Mayor Approved as to form: "CONSULTANT" By: City Attorney Its: �4 . mrn-am w,.0 100M . Page 6 20'd 2.0:9Z S66L-9Z-onu [ (E 39Hd 031H[Hd) E 39dd Lii£I9 IH 5661 h2:91 e£/BB am[233H ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured ("Named Insured "): Name and address of Insurance Company ('Company"): General description of agreement(s), permit(s), license(s), and/or activityres) insured: Notwithstanding any inconsistent statement in the policy to which this. endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. J-1 ADDITIONAL INSURED ENDORSEMENT 950525 10572-0o001 LI/a& 1092.677 4 COMPREHENSIVE GENERAL LIABILITY 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Owners/Landlords/Tenants ❑ Manufacturers/Contractors 950525 10572.00001 Isj/0 1092677 4 ❑ Explosion Hazard ❑ Collapse Hazard ❑ Underground Property Damage J-2 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY ❑ Products/Completed Operations ❑ Broad Form Property Damage ❑ Extended Bodily Injury ❑ Broad Form Comprehensive ❑ General Liability Endorsement ❑ Pollution Liability ❑ Liquor Liability F] 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: rf none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on part of Policy Number at 12:01 A.M. and forms a I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.: (, 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) J-3 ADDITIONAL INSURED ENDORSEMENT 950525 10572-00001 l.j/0 1092677 4 COMPREHENSIVE GENERAL LIABILITY ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured ("Named Insured"): Name and address of Insurance Company ("Company"): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. J-4 ADDITIONAL INSURED ENDORSEMENT 950525 1052COMI WWI 10997.677 4 AUTOMOBILE LIABILITY 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Any Automobiles ❑ All Owned Automobiles ❑ Non -owned Automobiles ❑ Hired Automobiles ❑ Truckers Coverage ❑ Motor Carrier Act ❑ Bus Regulatory Reform Act ❑ Public Livery Coverage J-5 ADDITIONAL INSURED ENDORSEMENT 930525 10572-00001 Isj/sdl 1092677 4 AUTOMOBILE LIABILITY ❑ Scheduled Automobiles ❑ ❑ Garage Coverage ❑ 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (lf none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number 1, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.: (--) 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) J-6 ADDITIONAL INSURED ENDORSEMENT 95W25 10572 -Mi Ljtsat 1092677 4 AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured ("Named Insured"): Name and address of Insurance Company ("Company"): General description of agreement(s), permit(s), license(s), and/or activity(les) insured: . Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. J-7 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 950525 10572-00001 lsjhdl 1092677 4 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY ❑ Following Form ❑ Umbrella Liability 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. .F J_g ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 950525 10572.00001 }ei/ga 1091677 4 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (i none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.:( ) c:\wp6O\lindakay\agree-95\csafrmbl.ank 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) J-9 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 950525 105724=01 1Lj/,& 109267/ 4 b0'd -Niel /-4:.(1//BlT August 17, 1995 Mr. David G. Liu ScR for Ea&M City of Diamond Bar 21660E. Copley Drive, Suite 190 Diamond Ear, CA 91765-4177 RE: Extension of Street Sweeping Services Agreement Dear Mr. Liu: Pursuant to Item 1 _, General Scope of Work, of the Sweeping Services Agreement executed on September 14, 1990, Comnwmity Disposal Company respectfully requests that it be granted the, extension to provide street sweeping services for the City of Diamond Bar far an additional term of five years. The street sweeping services will inclwk the collection and removal of leaves, paper, dirt, rocks, and other debris from gutters, around medians and alleys as specified by the City Engineer in order to maintain clean public streets_ Street sweeping services are provided on a bi weekly basis in the rempecctive seven zones per the attached map and schedule. E$ective October 1, 1995, Community Kftosal is prepared to provide sweeping services at the revised reduced rate of $12.75 per curb mile. As discussed, the,scope of services and annual rate adjustmwts as outlined iu -the terms of, our current Street Sweeping Services shall remain in effect. As you are aware, Comm mity Disposal has provided outstanding sweeping service during the term of our current contract and we wisb to continue our business relationft. If you have any questions please do not hesitate to contact me. Sincerely, Richard N>do �` Assistant General Manager Attachments 14048 Vallev Blvd_ , P-0 Rrm Nvina__-- b0'd (h 39Hd U31NIHd) i, 39Hd 80:95 SGGT-9Z—EnU LITE19 IV 5661 1,2:91 BE/an 03AI333N ] Lch'/LSAT COMMUNITY DISPOSAL COMPANY Ilk August 17, 1995 Mr. David G. Liu Senior Engineer City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 RE: -Revised Fee for Street Sweeping Services Dear Mr. Liu: Community Disposal Company looks forward to continuing to provide street sweeping services for the City of Diamond Bar. Pursuant to our discussions, effective October 1, 1995, Community Disposal is prepared to provide sweeping services at the revised rate of - $12.75 per curb mile. As we discussed, the terms of our current Street Sweeping Contract regarding annual rate adjustments would remain -in effect. As you are aware, Community Disposal has provided outstanding sweeping service during the term of our current contract and we wish to continue our business relationship. If you have any questions please do not hesitate to contact me. Sincerely, Richard Nino Assistant General Manager 14048 Valley Blvd. • P.O. Box 60009 • City of Industry, CA 91715-0009 • 818-336-3636 • FAX 818-330-4686 J conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance. company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, automotive liability, and worker's compensation coverages. The policy (ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less 950525 105n WWI L;isdt 1092677 4 Page 3 [ RECEIVED 99/91 13:22 1995 AT 613117 PAGE c ;u --' -H,; 6 - SENT 8Y� „- _ ,_;_8- 1-95 ;12 35PM 1 ; LA #1 813117 r rM,I,w rTM. w. rvr r , e chy 60 fiL W mg W** a e peypoloe or rw W tmady WOW to Clgt 1ft fipd lo r* baaadl or ddfrult. ML Alam Aft 1O is ft wo that d&oc MW to db ApmW" aese __0 my Npl at @VMW aaeias at pee>tmWlog u amfm or he**tbm eawidW of Ob Aptaa 114 do pmdlt p q is #m tt d— ar pwoeWW AW ba mdlad a W ban dm*. bamoap 1ae1011�te allocmear'a fis eek e�eale, feir�e+p arNE of eqaet rlaawer m d . 33. Wolbaa, AW =WW bf:1a, I mala, W 260" b tidl AW a M efull ba dM d rawrtbubm bom4 or by how& h &MW dwft armor mom 4aw%- W 0) m tW "d elbaeis &P*ba du mW ftm mer, 7~K to the addeaww betampeo m !� 4IM ARuleelnt. a b a* altar ehm at as pad" map►. fan clot 10dd.. da o" is Vdit W do plov ma of m No bL Its OVratmtmf im M CozWA &A ba lWv p a d, apr oom amd a bmi b asaoedraa W* ft k" *few gals of C HbrWL a& Coetalapadu Main Apammmaa my bs m w; sW lya my ammdl m of i m I p rii ami Of lablofr shall be dmW td be tba o l&d, ted W d %%I" Wg0K"aeeaOW On Iced tba 2L Xmlira ,Alrmniv r. This Apaaaoml, ad no Wbrr 6XumM taaeapaeaead bwdu !7 epee& - ram m eepe m tba **god islapaoed Weld etbetwee>w QOolelm tad ©w. Alda Aipromm at eapommft W ad or aim madptl 11111 a 10m er "pNomm 'L m Atir omw a4 mot be asnMa. z *4 too ieMa oa boa.dh WW WEI—I asapf lk t � � � Opo by ae �.� . MOM tilt CW AmmdmmnkW�. 3d. INr dit. All aAft Pill i l a to tib Apeimtme en leeorpoleiad baRebti bar Alli nkmm& 04 N►UWU WNXMM, Dw poW hrw:aroWed rbb A jfamW as of the dW feet wtium. d W & .1, AWNP. Cly Clack em OR mAmm ulk Wd hp b t t! and QW[W R MMA # 2 ass:ss W WA% W S -M *W= ave. t AUG -31-1995 1456 CITY OF DIAMOND BAR 94% P'07