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AGENDA
Tuesday, November 21, 1995
6:30 P.M.
Regular Meeting
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Mayor
Mayor Pro Tem
Council Member
Council Member
City Manager
City Attorney
City Clerk
Phyllis E. Papen
Gary H. Werner
Eileen R. Ansari
Clair W. Harmony
Terrence L. Belanger
Michael Jenkins
Lynda Burgess
Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the
City Clerk, and are available for public inspection. If you have questions regarding an agenda item,
please contact the City Clerk at (909) 860-2489 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk
a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or drinking
in the Council Chambers.
The City of Diamond Bar uses re cled paper
and encourages you to do the same.
DIAMOND BAR CITY COUNCIL MEETING RULES
PUBLIC INPUT
The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the
Council on the subject of one or more agenda items and/or other items of which are within the subject matter
jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to
the City Clerk.
As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in
order to facilitate the meeting, persons who are interested parties for an item may be requested to give their
presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the
total amount of time allocated for public testimony based on the number of people requesting to speak and the
business of the Council.
Individuals are requested to refrain from personal attacks toward Council Members or other 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 a.m. and 5 p.m. Monday through Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489
Computer Access to Agendas (909) SWLINE
General Information (909) 860-2489
NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
Next Resolution No. 95 - 61
Next Ordinance No. 06(1995)
1. CALL TO ORDER: 6:30 p.m. November 21, 1995
PLEDGE OF ALLEGIANCE: Mayor Papen
ROLL CALL: Council Members Ansari, Harmony,
Mayor Pro Tem Werner, Mayor Papen
2. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 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 give it to the City Clerk
(completion of this form is voluntary). There is a five
minute maximum time limit when addressing the City Council.
4. COUNCIL COMMENTS: Items raised by individual Council -
members are for Council discussion. Direction may be given at
this meeting or the item may be scheduled for action at a
future meeting.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Thanksgiving Holiday - City Offices will be closed
November 23 - 24, 1995. Offices will reopen, Monday,
November 27, 1995.
5.2 Planning Commission - November 27, 1995 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5.3 City Council Meeting - December 5, 1995 - 6:30 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR:
6.1 TRAFFIC & TRANSPORTATION COMMISSION MINUTES:
6.1.1 Regular Meeting of June'8, 1995 - Receive &
File.
6. 1. 2 Regular Meeting of July 13, 1995 - Receive &
File.
6.1.3 Regular Meeting of August 10, 1995 - Receive &
File.
Requested by: City Engineer
NOVEMBER 21, 1995 PAGE 2
6.2 CLAIMS FOR DAMAGES:
6.2.1 Filed by Shelley Diana Cordova and Carrera
Marble Co. on November 1, 1995.
Recommended Action: It is recommended that
the City Council reject the request and refer
the matter for further action to Carl Warren &
Co., the City's Risk Manager.
6.2.2 Filed by Michael B. & Susan G. Collins, Steven
A. & Kathleen M. Emmert, Ronald E. & Elizabeth
L. Hodges, Gene A. Iacono, Sungho Jo, Robert
W. & Vickie L. Roberts, Horst & Christa
Schmiedeke, Michael R. & Karen A. Sharbrough,
Sheng Che Wang and George G. & Rosemarie
Meeley on October 24, 1995.
Recommended Action: It is recommended that
the City Council reject the request and refer
the matter for further action to Carl Warren &
Co., the City's Risk Manager.
Requested by: City Clerk
6.3 RELEASE OF LANDSCAPING AND IRRIGATION BOND POSTED FOR
2845 STEEPLECHASE LANE IN THE "COUNTRY" IN DIAMOND BAR -
The Principal desires release of Surety Bond No. 11649811
posted for landscaping and irrigation in the amount of
$23,130. The Community Development Department finds that
the Principal has performed all work shown on the
approved landscape plans.
Recommended Action: It is recommended that the City
Council declare the obligations under the bond complete
and release Surety Bond No. 11649811 and instruct the
City Clerk to notify the principals.
Requested by: Community Development Director
6.4 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY
THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO
LONGER REQUIRED AS PROVIDED UNDER ELECTIONS CODE SECTION
17200 - Government Code Section 34090 provides that,
"with the approval of the legislative body by resolution
and the written consent of the city attorney the head of
a city department may destroy any city record, document,
instrument, book or paper, under his charge, without
making a copy thereof, after the same is no longer
required." Further, Section 12700, et seq. of the
California Elections Code provides that elections
officials shall destroy referendum and recall petitions
"eight months after the final examination of the petition
by the elections official or as soon as practicable
NOVEMBER 21, 1995
PAGE 3
thereafter." The City Attorney has reviewed this request
and has given approval.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 95 -XX approving the destruc-
tion of certain records which are no longer required as
provided by Government Code Section 34090 and Elections
Code Section 17200, et seq.
Requested by: City Clerk
6.5 RESOLUTION NO. 95 -XX: RESOLUTION OF THE COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS
FOR THE TRAFFIC SIGNAL MODIFICATION IMPROVEMENTS AT
GOLDEN SPRINGS DRIVE AT DIAMOND BAR BOULEVARD, BREA
CANYON ROAD AT GOLDEN SPRINGS DRIVE, AND DIAMOND BAR
BOULEVARD AT MOUNTAIN LAUREL WAY, IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS - Diamond Bar Blvd. at Mountain Laurel Way
and Golden Springs Dr. at Diamond Bar Blvd. and at Brea
Canyon Rd. have been identified for left -turn traffic
signals.
Recommended Action: It is
Council adopt Resolution No.
specifications for left -turn
Bar Blvd. at Mountain Laurel
at Diamond Bar Blvd. and
authorize the City Clerk to
Requested by: City Engineer
7. PUBLIC HEARING: None
8. OLD BUSINESS:
recommended that the City
95 -XX approving plans and
traffic signals on Diamond
Way and on Golden Spgs. Dr.
at Brea Canyon Rd.; and
advertise for bids.
8.1 ORDINANCE NO. 04A(1995): AN URGENCY ORDINANCE OF THE
CITY OF DIAMOND BAR AMENDING ORDINANCE 04(1995), AS
HERETOFORE ADOPTED, FOR THE PURPOSE OF EXTENDING THE TERM
OF THE CABLE TELEVISION SYSTEM FRANCHISE FOR AN
ADDITIONAL PERIOD OF TIME NOT -TO -EXCEED 18 MONTHS -
Should the City Council extend the existing cable
television franchise, which expires on November 30, 1995,
for an additional eighteen (18) month period to
facilitate continued franchise negotiations.
Recommended Action: It is recommended that the City
Council approve, by title only and waive full reading
Ordinance No. 04A (1995) "An Urgency Ordinance of the
City of Diamond Bar Amending Ordinance No. 04(1995), as
heretofore adopted, for the Purpose of Extending the Term
of the Cable Television System Franchise for an
Additional Period of Time Not -to -Exceed 18 Months."
NOVEMBER 21, 1995 PAGE 4
Requested by: City Manager
9. NEW BUSINESS:
9.1 CERTIFICATE OF EXAMINATION - INITIATIVE PETITION TO ADOPT
A GENERAL PLAN (GPAC VERSION) - On October 4, 1995, an
initiative petition consisting of 586 sections and
containing 5,542 signatures was presented to the City
Clerk for filing. The petitions were then transmitted to
the Los Angeles County Registrar-Recorder/County Clerk
for signature verification. The Registrar -Recorder
completed examination of the petitions on November 13,
1995 and certified that 4,412 signatures were valid. The
petitions are now deemed qualified. Upon acceptance of
the Certificate of Examination, the City Council may
consider the following options: 1) Introduce the
Ordinance, without alteration, and adopt it within 10
days after it is presented; or 2) Immediately order a
special election, to be held not less than 88 nor more
than 103 days after the date of the order, at which the
Ordinance, without alteration, shall be submitted to a
vote of the voters of the city; or 3 ) Direct staff to
prepare,a report pursuant to Elections Code Section 9212,
to be presented at the regular City Council meeting of
December 19, 1995.
Recommended Action: It is recommended that the City
Council receive and file the Certificate of Examination
and accompanying signature verification report provided
by the Los Angeles County Registrar-Recorder/County
Clerk; and direct staff to prepare an extensive analysis
of the variety of issues relating to this matter,
including fiscal impacts, and report back to the City
Council on December 19, 1995.
Requested by: City Clerk
10. ANNOUNCEMENTS:
11. CLOSED SESSION:
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Interoffice
M E M O R A N D U M
To: Honorable Mayor and Members of the City Council
Via: Terrence L. Belanger, City Manager' V11)
From: Troy L. Butzlaff, Assistant to the City Managff-Tr-1
Re: Extension of Cable Television Franchise
Date: November 17, 1995
ISSUE STATEMENT:
Should the City Council extend the existing cable television franchise, which expires on November
30, 1995, for an additional eighteen (18) month period to facilitate continued franchise
negotiations?
RECOMMENDATION:
It is recommended that the City Council approve, by title only and waive further reading,
Ordinance 04A (1995) "An Urgency Ordinance of the City of Diamond Bar Amending Ordinance
04 (1995), as heretofore adopted, for the Purpose of Extending the Term of the Cable Television
System Franchise for an Additional Period of Time Not -To -Exceed 18 Months."
BACKGROUND:
Jones Intercable operates a cable television franchise under the terms and conditions set forth by
the County Master Cable Television Ordinance (Division 4 of Title 16 of the Los Angeles County
Code) and Ordinance 12,137 as amended and heretofore adopted by the City. This franchise,
which was originally approved by the County of Los Angeles Board of. Supervisors on April 22,
1980 to Walnut Valley Cable Television and subsequently sold to Jones Intercable of California,
expired on May 23, 1995. Prior to the expiration of the franchise, the City Council adopted
Ordinance 04 (1995) which extended the term of the cable television franchise for an additional
six (6) month period. This extension is due to expire on November 30, 1995.
Recently, the City received correspondence from Jones Intercable requesting an additional
extension of time to facilitate renewal negotiations. A copy of this letter is attached. Jones cites a
number of reasons for making this request at this time and believes that an additional extension of
time will facilitate a more "thoughtful and coordinated renewal" process.
DISCUSSION:
One of the primary reasons for extending the cable television franchise at this time it that the
entire area of governmental regulation of cable television at the federal, state, and local level is
changing so rapidly that it can only be described as "work in progress." Several months ago
Congress passed significant legislation designed to provide a national policy relative to encouraging
competition within the telecommunications industry. Although a Conference Committee is
currently meeting to resolve differences between the House (H.R. 1555) and Senate (S. 652)
versions of the legislation, there is some concern that the proposed Communications Act of 1995
may contain language that could affect certain issues of local concern such as management of
public rights-of-way, zoning authority, and the basis on which franchise fees may be paid. In
addition to these issues and what impact they may have on local franchising authorities, the new
legislation does not contain a grandfathering provision. Therefore, whatever the City and its cable
operator agree to today could be overridden in just a few months. Congress appears to be close to
resolving these issues and could submit this legislation to the President as early as February 1996.
Staff believes that it would be advantageous for the City to wait until the federal government has
determined the future of this legislation before entering into a long-term franchise agreement.
Besides the unresolved legislative issues, the franchise area serviced by Jones Intercable
encompasses the entire City of Diamond Bar, as well as portions of the unincorporated area of the
County (e.g., Rowland Heights). This portion of the franchise area is administered by the County
of Los Angeles Internal Services Department. While the City was extending the franchise for six
(6) months, the County Board of Supervisors granted Jones a two (2) year extension. Since the
City's franchise is inextricably intertwined with the County, it would seem appropriate that the
City negotiate in concert with the County to assure that the all parties receive the full benefit of
any future system upgrades. In doing so, the City can avoid conflicting timetables, incompatible
technological requirements, and other issues that may not be in the best interest of the City, Jones,
or cable subscribers.
The City recently completed a technical and financial evaluation of the cable system. The results
of these studies are being reviewed by staff and a summary will be provided to the City Council
under separate cover. In addition to the technical and financial audits, the City has prepared and
distributed, to every household in the community, a cable television survey to assist the City in its
evaluation of the cable operator. Staff was disappointed with the lower than expected community
response to this survey and feels that the results do not represent a significant sampling of the
community's cable related needs and interests for informed decision-making. Staff believes that a
more thorough survey of the community is needed and would like to use the proposed time
extension to retain the services of a qualified public opinion research firm to conduct a random
telephone survey of cable subscribers.
The 1984 Cable Act, as amended, establishes the formal process for considering franchise
renewals. It is important to note that both the City and Jones have agreed to conduct renewal
proceedings informally. However, even under this informal process the City is required to
negotiate in good faith with the cable operator; and to the extent that Jones has performed
adequately under the terms and conditions of the franchise ordinance, the City must renew their
franchise. Failure to give Jones adequate consideration in the renewal process could result in
litigation based upon, among other things, breach of contract, tortious interference with
contractual relations, inverse condemnation, First Amendment violation, and antitrust claims.
The City Attorney's Office has prepared a memorandum examining the ramifications of not
extending the franchise or allowing the current franchise to expire. Based on the City Attorney's
analysis, it is abundantly clear that Jones would likely prevail in a lawsuit if the City allows the
current franchise agreement to expire and then subsequently attempts to assert the position that
Jones has no right to a franchise renewal. Furthermore, since federal law adequately protects cable
operators against unfair denial of a renewal request, the City must be very careful in how it
proceeds to insure that it does not violate federal law or create unwanted litigation against the
City.
There seems to be ample cause to extend the franchise for an additional period of time. The City
Attorney believes that an extension of 18 months is reasonable considering the extenuating
circumstances noted above. Furthermore, the City's enabling ordinance, which establishes the
franchise agreement and sets forth the standards and requirements for operating a cable television
franchise, is out-of-date and should be revised prior to entering into a new franchise agreement.
In consideration for granting an extension of time, Jones Intercable has agreed to upgrade the
existing cable television system from 59 to a minimum of 72 channels and to provide cable service
to City Hall on or before May 31, 1996. Staff finds this commitment to be in good faith and a
serious indication that Jones wishes to continue earnest negotiations while the complexities of
federal legislation are sorted out. Therefore, it is staff s recommendation that the City Council
approve, by title only and waive further reading, Ordinance 04A (1995) an urgency ordinance
amending Ordinance 04 (1995), as heretofore adopted, for the purpose of extending the cable
television franchise operated by Jones Intercable for an additional period of time not -to -exceed
eighteen (18) months.
TLB:
Attachments: Draft - Ordinance 04A (1995 )
Correspondence for Jones Intercable dated October 19, 1995
ORDINANCE 04A (1995)
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
REVISING ORDINANCE 04 (1995), AS HERETOFORE ADOPTED, FOR THE PURPOSE
OF EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE FOR AN
ADDITIONAL PERIOD OF TIME NOT -TO -EXCEED EIGHTEEN (18) MONTHS.
A. Recitals
(i) The City of Diamond Bar has heretofore adopted, by reference, the Los Angeles
County Code and other relevant noncodified County Ordinances, including Ordinance No.
12,137, as amended.
(ii) The cable television franchise granted to Jones Intercable, Incorporated under
Ordinance No. 12,137, as amended, expired on May 23, 1995.
(iii) On April 18, 1995, the City Council adopt Ordinance 04 (1995) extending the term
of the cable television franchise, granted under the County of Los Angeles Master Cable
Television Ordinance No. 12,137, as amended, for a period not -to -exceed six (6) months.
(iv) The City has heretofore received correspondence from Jones Intercable dated
October 19, 1995 formally requesting that the current franchise be extended for an additional
eighteen (18) month period.
(v) The current cable television franchise will expire on November 30, 1995.
(vi) The City of Diamond Bar and Jones Intercable, the cable operator, desire to extend
the term of the franchise to facilitate a thoughtful and coordinated approach to the current
renewal negotiations.
(vii) Section 16.60.270 of the County Master Cable Television Ordinance, heretofore
adopted by the City, states that the board may grant by ordinance an extension of the
franchise term for a period of up to fifteen (15) years, subject to the franchisee's agreement
to comply fully with the franchise and all amendments or other modifications to the
franchise as may be agreed upon by the parties.
B. Ordinance
NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows:
Section 1. The City Council finds and determines in all respects as set forth in Recitals,
Part A herein.
Section 2. The City Council has found and determined that this Ordinance shall be
enacted as an Urgency Ordinance, effective upon adoption pursuant to California Government Code
Section 36937(b), on the basis of the facts set forth in the Recitals, Part A, of this Ordinance.
Section 3. Based on the fmdings recited hereinabove and conditions set forth herein
below, the City Council does hereby approve an extension of time to the cable television system
franchise, granted under Ordinance No. 12,137 of the County of Los Angeles and heretofore
adopted by the City of Diamond Bar, for a period not -to -exceed eighteen (18) months or June 1,
1997, or until such time prior to that date as renewal negotiations have been completed, subject to
the following conditions:
(a) During the extension of the franchise term, the City and Jones
Intercable agree to the same terms and conditions as set forth in Ordinance No. 12,137, as
amended.
(b) That on or before July 1, 1996, Jones Intercable, without cost to the
City of Diamond Bar, shall make all necessary modifications and improvements to upgrade the
existing cable television system to a minimum of 72 channels.
(c) That on or before May 31, 1996, Jones Intercable, without cost to the
City of Diamond Bar, shall construct and/or extend the cable television system, in accordance with
plans approved by the City Engineer, to the City Office located at 21660 East Copley Drive,
Diamond Bar.
Section 4. It is hereby declared that violation of any condition hereof, or failure to
provide the types of facilities, equipments or services promised shall be considered a material
breach of the terms and conditions of the franchise agreement and the City reserves the right to
suspend or revoke and terminate a franchise and all rights and privileges of a franchise as set forth
in Section 16.60.160 of the County Master Cable Television Ordinance, as heretofore adopted by
the City.
Section 5. The City and Jones Intercable shall agree to work diligently and in good faith
in order to negotiate a renewal of the cable television franchise that is acceptable to both parties
independent of the formal renewal procedures contained in Section 626 of the Cable
Communications Policy Act of 1984, 47 USC Paragraph 546, as amended.
Section 6. The City Clerk shall certify to the adoption of this ordinance and shall cause
the same to be published as required by law.
ADOPTED AND APPROVED this day of '1995.
Mayor
F1
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held
on the day of , 1995 and was finally passed at a regular meeting of the City
Council of the City of Diamond Bar held on the day of , 1995, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
LYNDA BURGESS, City Clerk
City of Diamond Bar
Terrence L. Belanger
October 19, 1995
Page 2
Television Ordinance. Indeed, this year, the City entered a
consortium with the County, commissioning a technical
inspection of Jones' system by Communications Support Corp.
The cable system involved is technologically integrated, so
that the specifications of both City and County franchises
must be coordinated. Coordinating the renewal of Jones' City
and the County franchises simultaneously, will likely lead to
the City and the County receiving the full benefit of
technological advancements to Jones' integrated system.
Failing to do so could well lead to conflicting timetables or
technological requirements which we do not believe is in the
best interest to the City, Jones or our customers.
Third, City elections will be held in the near future.
Given that several vacancies exist on the Council, we think
it appropriate to work together on this matter with full
Council participation. Further, Jones only received the
report of Jonathan Kramer on September 28, 1995. The report
is being reviewed at both our local office and corporate
office. I can assure you that we will take any appropriate
and necessary steps to address the concerns outlined.
Jones therefore respectfully requests that the City
agree to an additional extension of the franchise -agreement
of 18 months from November 22, 1995. In consideration for
this extension Jones would commit to a provision in a renewed
franchise requiring Jones to upgrade its systems to a minimum
of 72 channels and to provide cable service to City Hall on
or before May 31, 1996.
Jones appreciates the City's historic cooperation
regarding Jones' service of the residents of Diamond Bar, and
hopes that the requested extension will support a mutually
beneficial ongoing relationship. If you agree in principle
with the extension, we wouldd appreciate working with you and
other City representatives to this end.
V ruly yours,
Janht Spatz
Geigral Manager
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NOTICE OF ADJOURNMENT
Notice is hereby given that, due to a lack of a quorum for
the November 21, 1995 Regular Meeting of the Diamond Bar City
Council scheduled to be held at 6:30 p.m. at the AQMD Auditorium,
said meeting has been adjourned to December 5, 1995 at the hour
of 6:30 p.m. in the Auditorium of the South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar,
California.
/sl Lynda Burgess
Lynda Burgess, City Clerk
Dated: November 21, 1995
Phyllis E. Papen
Mayor
Gary H. Werner
Mayor Pro Tem
Eileen R. Ansari
Council Member
Clair W. Harmony
Council Member
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City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177
(909) 860-2489 • Fax (909) 861-3117
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' City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
,SRI (909) 860-2489 • Fax (909) 861-3117
Phyllis E. Papen
Mayor
Gary H. Werner
Mayor Pro Tem
Eileen R. Ansari
Council Member
Clair W. Harmony
Council Member
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OTTV OF DIAMOND BAR
AGENDA REPORT
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 21, 1995 REPORT )5
FROM: George A. Wentz, City Engineer
TITLE: Left -Turn Traffic Signals on Diamond Bar Boulevard at Mountain Laurel Way and on Golden Springs
Drive at.Diamond Bar Boulevard and at Brea Canyon Road.
SUMMARY: Diamond Bar Boulevard at Mountain Laurel Way and Golden Springs Drive at Diamond Bar
Boulevard and at Brea Canyon Road have been identified for left -turn traffic signals. At this time, plans and
specifications for the project have been prepared.
RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the
plans and specifications for the Left -Turn Traffic Signals on Diamond Bar Boulevard at Mountain Laurel Way
and on Golden Springs Drive at Diamond Bar Boulevard and at Brea Canyon Road and authorize the City Clerk
to advertise the project for bids.
LIST OF ATTACHMENTS: X Staff Report
X Resolution
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
X Bid Specifications (on file in City Clerk's Office)
_ Other
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? X Yes _ No
Which Commission? Traffic & Transportation Commission
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
city Manager Assistant t-ity Manager
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George A. Wentz
City Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 21, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Left -Turn Traffic Signals on Diamond Bar Boulevard at Mountain
Laurel Way and on Golden Springs Drive at Diamond Bar Boulevard
and at Brea Canyon Road.
ISSUE STATEMENT
To construct left -turn traffic signals on Diamond Bar Boulevard at Mountain Laurel Way and
on Golden Springs Drive at Diamond Bar Boulevard and at Brea Canyon Road.
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution to approve the plans
and specifications for the left -turn traffic signals on Diamond Bar Boulevard at Mountain
Laurel Way and on Golden Springs Drive at Diamond Bar Boulevard and at Brea Canyon
Road and authorize the City Clerk to advertise the project for bids.
FINANCIAL SUMMARY:
The engineer's estimate for said project is $52,000, excluding any contingencies. The total
allocated project budget is $88,000 of Gas Tax Fund and $22,000 of Developer's Fee.
BACKGROUND/DISCUSSION:
In order to maintain the ability to effectively accommodate the existing and future traffic
circulation of Golden Springs Drive and Diamond Bar Boulevard, the City has identified and
conducted warrant studies for the construction of left -turn traffic signal improvements at the
subject locations.
Plans and specifications for the project have been prepared. Key aspects of requirements
placed upon the contractor includes:
* Plan and schedule to be submitted at least fourteen(14) calendar days before start of
work.
Traffic control plans.
Notification to utility owners and other public agencies.
Left -Turn Traffic Signals Construction
Locations on Diamond Bar Boulevard & Golden Springs Drive
November 14, 1995
Page Two
* Completion of all work within ninety (90) calendar days.
* Liquidated damages of $500/day for non-performance.
All customary insurance and bonds have been included. Staff has prepared a tentative
schedule for the various project activities. They are as follows:
Plans and specifications to City Council
for approval and authorize City Clerk to
advertise for bids
Bid Opening
Award of Contract
Notice to Proceed/Procure
Start of Construction
Completion of Construction
Prepared By:
David G. Liu
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2
November 21, 1995
December 19, 1995
January 16, 1995
January 17, 1995
January 22, 1995
April 21, 1995
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL MODIFICATION
IMPROVEMENTS AT GOLDEN SPRINGS DRIVE AT DIAMOND BAR BOULEVARD,
BREA CANYON ROAD AT GOLDEN SPRINGS DRIVE, AND DIAMOND BAR
BOULEVARD AT MOUNTAIN LAUREL WAY, IN SAID CITY AND AUTHORIZING
AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to
construct certain improvements in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and
specifications for the construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented to the City of Diamond Bar be and are
hereby approved as the specifications for the Traffic Signal
Modification Improvements at Golden Springs Drive at Diamond Bar
Boulevard, Brea canyon road at Golden Springs Drive, and Diamond
Bar Boulevard at Mountain Laurel Way.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise as required by law for the
receipt of sealed bids or proposals for doing of the work
specified in the aforesaid plans and specifications, which said
advertisement shall be substantially in the following words and
figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City of
Diamond Bar, Los Angeles County, California, directing this
notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar
will receive at the office of the City Clerk in the City Hall of
Diamond Bar, on or before the hour of 10 o'clock a.m. on the 19th
day of December 1995, sealed bids or proposals for the Traffic
Signal Modification Project in the City of Diamond Bar.
Bids will be opened and publicly read immediately in the
office of the City Clerk, Suite 100, 21660 E. Copley Drive,
Diamond Bar, California 91765-4177.
Bids must be made on a form provided for the purpose,
addressed to the City of Diamond Bar, California, marked, "Bid
for the Traffic Signa -1 Modification Improvements at Golden
Springs Drive at Diamond Bar Boulevard, Brea Canyon Road at
Golden Springs Drive, and Diamond Bar Boulevard at Mountain
Laurel Way.
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PREVAILING WAGE: Notice is hereby given that in accordance
with the provisions of California Labor Code, Division 2, Part 7,
Chapter 1, Articles 1 and 2, the Contractor is required to pay
not less than the general prevailing rate of per diem wages for
work of a similar character in the locality in which the public
work'is performed, and not less than the general prevailing rate
of per diem wages for holiday and overtime work. In that regard,
the Director of the Department of Industrial Relations of the
State of California is required to and has determined such
general prevailing rates of per diem wages are on file in the
office of the City Clerk of the City of Diamond Bar, Suite 100,
21660 E. Copley Drive, Diamond Bar, California, and are available
to any interested party on request. The Contracting Agency also
shall cause a copy of such determinations to be posted at the job
site.
The Contractor shall forfeit, as penalty to the City of
Diamond Bar, not more than twenty-five dollars ($25.00) for each
laborer, workman, or mechanic employed for each calendar day or
portion, thereof, if such laborer, workman, or mechanic is paid
less than the general prevailing rate of wages hereinbefore
stipulated for any work done under the attached contract, by him
or by any subcontractor under him, in violation of the provisions
of said Labor Code.
In accordance with the provisions of Section 1777.5 of the
Labor Code as amended by Chapter 971, Statutes of 1939, and in
accordance with the regulations of the California Apprenticeship
Council, properly indentured apprentices may be employed in the
prosecution of the work.
Attention is directed to the provisions in Sections 1777.5
and 1777.6 of the Labor Code concerning the employment of
apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable
occupation to apply to the joint apprenticeship committee nearest
the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of
approval. The certificate will also fix the ratio of apprentices
to journeymen that will be used in the performance of the
contract. The ratio of apprentices to journeymen in such cases
shall not be less than one to five except:
A. When unemployment in the area of coverage by the joint
apprenticeship committee has exceeded an average of fifteen
percent (150) in the ninety (90) days prior to the request
for certificate, or
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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 Sections 1777.5 and 1777.6 in the employment
of apprentices.
Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the
Director of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division
of Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's work
for all workmen employed in the execution of this Contract and
the Contractor and any subcontractor under him shall employ with
and be governed by the laws of the State of California having to
do with working hours as set forth in Division 2, Part 7, Chapter
1, Article 3 of the Labor Code of the State of California as
amended.
The Contractor shall forfeit, as a penalty to the City of
Diamond Bar, twenty-five dollars ($25.00) for each laborer,
workman, or mechanic employed in the execution of the contract,
by him or any subcontractor under him, upon any of the work
hereinbefore mentioned, for each calendar day during which said
laborer, workman, or mechanic is required or permitted to labor
more than eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each
workman needed to execute the work required by this Contract as
such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed in accordance
with Labor Code Section 1773.8.
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The bidder must submit with his proposal cash, cashier's
check, certified check, or bidder's bond, payable to the City of
Diamond Bar for an amount equal to at least ten percent (10%) of
the amount of said bid as a guarantee that the bidder will enter
into the proposed Contract if the same is awarded to him, and in
the event of failure to enter into such Contract said cash,
cashier's check, certified check, or bond shall become the
property of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the next
lowest bidder, the amount of the lowest bidder's security shall
be applied by the City of Diamond Bar to the difference between
the low bid and the second lowest bid, and the surplus, if any,
shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful
performance of the contract for said work shall be one hundred
percent (100%) of the contract price thereof, and a labor and
material bond in an amount equal to one hundred percent (100%) of
the contract price for said work shall be given to secure the
payment of claims for any materials or supplies furnished for the
performance of the work contracted to be done by the Contractor,
or any work or labor of any kind done thereon, and the Contractor
will also be required to furnish a certificate that he carries
compensation insurance covering his employees upon work to be
done under contract which may be entered into between him and the
said City of Diamond Bar for the construction of said work.
No proposal will be considered from a Contractor who is not
licensed as a contractor at time of award in accordance with the
provisions of the Contractor's License Law (California Business
and Professions Code, Section 7000 et seq.) and rules and
regulations adopted pursuant thereto or to whom a proposal form
has not been issued by the City of Diamond Bar.
The work is to be done in accordance with the profiles,
plans, and specifications of the City of Diamond Bar on file in
the office of the City Clerk at the City Hall, Diamond Bar,
California. Copies of the plans and specifications will be
furnished upon application to the City of Diamond Bar and payment
of $30.00, said $30.00 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.
The successful bidder will be required to enter into a
contract satisfactory to the City of Diamond Bar.
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In accordance with the requirements of Section 903 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, California, reserves the right to
reject any and all bids.
By order of the City Council of the City of Diamond Bar,
California.
Dated this day of
. 1995.
PASSED, ADOPTED and APPROVED by the City Council of the City
of Diamond Bar, California, this day of
1995.
Mayor
ATTEST:
ty Clerk
I, Lynda Burgess, City Clerk of the City of Diamond Bar,
California, do hereby certify that the foregoing Resolution was
duly and regularly passed and adopted by the Council of the City
of Diamond Bar, California, at its regular meeting held
ion the
vote,
day of 1995, by
the to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar,
California
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