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HomeMy WebLinkAbout12/05/1995Cit ""IV -- / eo, CO AGENDA Tuesday, December 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 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. 111,1!111111 11.1111 Please refrain from smoking, eating or drinking in the Council Chambers. r �. 4 The City of Diamond Bar uses rec cu led 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 Chau may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persona. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the pubhc 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) NO -2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDEN'1'alru ON THE AGENDA. 1. 2. .¢ n a L F -�- r a� -- �e � 34 t6�&&� oto •iF�" _ =e �` ^r 93fwl No& . k� 9111aAS86 $ yIP. Aid — — - - — SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 2.1 Presentation of Certificate of Recognition to Kevin Contryman, Eagle Scout with Troop 730. 2.2 Presentation to FCI Soccer and Diamond Bar Chamber of Commerce for donations to Peterson Park Picnic Shelter. 2.3 Presentation of City Tile to Steve Lantz with MTA. 2.4 Presentation to 3CMA Silver Circle Award to the City for a creative approach to solving graffiti problems through distribution of a mock CD "Facing the Music." 3. CERTIFICATION OF ELECTION RESULTS: 3.1 RESOLUTION NO 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 1995, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW - The City conducted its General Municipal election for two City Council vacancies on November 7, 1995, consolidated with the City of Walnut, the Walnut Unified School District, the Pomona Unified School District and Mt. Sac Antonio Community College. With the exception of nomination of candidates, all aspects of the election were administered by the Los Angeles County Registrar-Recorder/County Clerk on behalf of the City. The Registrar -Recorder certified the results of the election on November 20, 1995 which indicate that Bob Huff and Carol Herrera were duly elected for the two seats. Next Resolution No. 95-61 Next Ordinance No. 06(1995) CALL TO ORDER: 6:30 p.m. December 5, 1995 PLEDGE OF ALLEGIANCE: Eagle Scouts Kevin Contryman, Keith Honea, Steve Navidad and Rick Kempa of Troop 730 and Sam Tibbets with Troop 330. INVOCATION: Pastor Mark Hopper with the First Evangelical Free Church of Diamond Bar ROLL CALL: Council Members Ansari, Harmony, Mayor Pro Tem Werner, Mayor Papen SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 2.1 Presentation of Certificate of Recognition to Kevin Contryman, Eagle Scout with Troop 730. 2.2 Presentation to FCI Soccer and Diamond Bar Chamber of Commerce for donations to Peterson Park Picnic Shelter. 2.3 Presentation of City Tile to Steve Lantz with MTA. 2.4 Presentation to 3CMA Silver Circle Award to the City for a creative approach to solving graffiti problems through distribution of a mock CD "Facing the Music." 3. CERTIFICATION OF ELECTION RESULTS: 3.1 RESOLUTION NO 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 1995, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW - The City conducted its General Municipal election for two City Council vacancies on November 7, 1995, consolidated with the City of Walnut, the Walnut Unified School District, the Pomona Unified School District and Mt. Sac Antonio Community College. With the exception of nomination of candidates, all aspects of the election were administered by the Los Angeles County Registrar-Recorder/County Clerk on behalf of the City. The Registrar -Recorder certified the results of the election on November 20, 1995 which indicate that Bob Huff and Carol Herrera were duly elected for the two seats. DECEMBER 5, 1995 PAGE 2 Recommended Action: Adopt Resolution No. 95 -XX reciting the fact of the General Municipal Election held on November 7, 1995 and declaring the result thereof. Requested by: City Clerk 4. ADMINISTRATION OF OATHS OF OFFICE: 4.1 Presentations to Phyllis Papen 4.2 Swearing-in of Councilmembers Elect 4.3 Reorganization of City Council 4.3.1 Selection of Mayor 4.3.2 Selection of Mayor Pro Tem RECESS: RECONVENE: 5. PUBLIC COWENTS: "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 Citv Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. 6. 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. 7. SCHEDULE OF FUTURE EVENTS: 7.1 MATERIALS RECOVERY FACILITY TECHNICAL ADVISORY COMMUNITY FACILITY TOUR - December 7, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7.2 PLANNING COMMISSION - December 11, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7.3 CITY COUNCIL MEETING - December 19, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. DECEMBER 5, 1995 PAGE 3 8. CONSENT CALENDAR: 8.1 APPROVAL OF MINUTES: 8.1.1 Regular Meeting of November 7, 1995 - Approve as Submitted. 8.1.2 Special Meeting of November 17, 1995 - Approve as Submitted. Requested by: City Clerk 8.2 PLANNING COMMISSION MINUTES - Regular Meeting of October 23, 1995 - Receive & file. Requested by: Community Development Director 8.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 8.3.1 Regular Meeting of June 8, 1995 - Receive & file. 8.3.2 Regular Meeting of July 13, 1995 - Receive & file. 8.3.3 Regular Meeting of August 10, 1995 - Receive & file. 8.3.4 Regular Meeting of September 14, 1995 - Receive & file. 8.3.5 Regular Meeting of October 12, 1995 - Receive & file. Requested by: City Engineer 8.4 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of October 26, 1995 - Receive & file. 8.5 VOUCHER REGISTER - Approve Voucher Register dated December 5, 1995 in the amount of $574,784.67. 8.6 CLAIMS FOR DAMAGES: 8.6.1 Filed by Shelly 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. 8.6.2 Filed by Michael B. & Susan 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. DECEMBER 5, 1995 PAGE 4 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 8.7 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 8.8 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 ELECTION 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 and city record, document, instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required." Further, Section 17200, et seq. of the California Election Code provides that elections officials shall destroy referendum and recall petitions "eight months after the final examination of the petition by the elections officials or as soon as practicable 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 destruction 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 DECEMBER 5, 1995 PAGE 5 8.9 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 southbound Golden Spgs. Dr. at Diamond Bar Blvd. and at Brea Canyon Rd. at Golden Spgs. Dr. will receive left -turn traffic signals. Plans and specifications for the project have been prepared and are ready for City Council approval. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX approving plans and specifications for left -turn traffic signals as proposed and authorize the City Clerk to advertise the project for bids. 8.10 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE RELEASE OF THE REQUEST FOR PROPOSALS (RFP) FOR ENGINEERING SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF BALLFIELD LIGHTS AND THE CORRECTION OF THE DRAINAGE PROBLEMS AT PETERSON PARK - There are two projects for improvements at Peterson Park which are funded in the 1995-96 fiscal year budget: 1) Installation of ballfield lights 2) correction of drainage problems. the design work for these improvements require the services of a professional engineer. The RFP process is the method used to select the most qualified engineering firm to complete the work. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX authorizing release of the RFP for engineering services to prepare plans and specifications for installation of ballfield lights and correction of the drainage problems at Peterson Park. Requested by: Community Services Director 8.11 RESOLUTION NO. 95 -XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: UPPER SYCAMORE CANYON PEDESTRIAN/BIKE ROUTE - The City submitted an application for a 1996-97 Fiscal Year Environmental Enhancement and Mitigation Program Grant. The purpose of the grant would be to provide for a DECEMBER 5, 1995 PAGE 6 pedestrian/bike route in Upper Sycamore Canyon from Summit Ridge Park to Diamond Bar Blvd. The route would traverse the scenic canyon. This implementation of the pedestrian trail acts in accordance with the General Plan Resource Management Element Strategy 1.3.7, "Pursue development of an integrated trails system within the community." The City, if awarded the grant, would administer the grant and be reimbursed for all costs associated by the State of California. Recommended Action: Adopt Resolution No. 95 -XX approving the application for grant funds for the Upper Sycamore Canyon Pedestrian/Bike Route. Requested by: City Manager 8.12 RESOLUTION NO. 95 -XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: SANDSTONE CANYON PEDESTRIAN/BIKE ROUTE - The City submitted an application for a 1996-97 Fiscal Year Environmental Enhancement and Mitigation Program Grant. The purpose of the grant would be to provide for a pedestrian/bike route in Sandstone Canyon from Pathfinder Rd./Brea Rd. to South Pointe Middle School. The route would traverse the scenic canyon. This implementation of the pedestrian trail acts in accordance with the General Plan Resource Management Element Strategy 1.3.7, "Pursue development of an integrated trails system within the community." The City, if awarded the grant, would administer the grant and be reimbursed for all costs associated by the State of California. Recommended Action: Adopt Resolution No. 95 -XX approving the application for grant funds for the Sandstone Canyon Pedestrian/Bike Route. Requested by: City Manager 8.13 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Consideration and approval of construction plans and specifications for the subject project and authorization for the City Clerk to advertise for bids. DECEMBER 5, 1995 PAGE 7 Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX approving plans and specifications for construction of Golden Spgs. subsurface drainage improvement project and direct the City Clerk to advertise to receive bids. Requested by: City Engineer 8.14 AWARD OF CONTRACT FOR MULTI -MEDIA HOMEWORK AND REFERENCE CENTER FOR THE DIAMOND BAR COMMUNITY LIBRARY - The City Council has allocated $40,000 for the purchase of computer hardware, operating software and furniture related to the design, acquisition and construction of a four station Multi -Media Homework and Reference Center at the Diamond Bar Community Library. Pursuant to Council direction, staff has solicited proposals from a number of qualified computer and furniture vendors and recently selected the lowest and most responsive vendors for the Council consideration. Recommended Action: It is recommended that the City Council approve the purchase and authorize the City Manager to execute on the City's behalf: (1) a contract with MicroAge Computermart of Diamond Bar, in an amount not to exceed $23,000, for a four station multi -media computer system and related computer peripherals; and (2) a contract with Interra, in an amount not to exceed $5,000, for the design, construction and installation of a four station homework and reference center at the Diamond Bar Community Library. Requested by; City Manager 8.15 ENDORSEMENT OF NELL SOTO TO THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT BOARD OF DIRECTORS. Recommended Action: It is recommended that the City Council support Nell Soto's candidacy and direct the Mayor to write a letter of support on behalf of the City Council. Requested by; City Council 8.16 COUNTRY VIEW DRIVE NEIGHBORHOOD TRAFFIC STUDY - It is proposed that a comprehensive neighborhood traffic study be conducted and its conclusions presented in a public hearing forum. It is recommended that Austin - Foust Associates, Inc. conduct the study for a not to exceed amount of $9,990. Recommended Action: It is recommended that the City Council award a contract to Austin -Foust Associates, Inc. to conduct the Country View Dr. Neighborhood DECEMBER 5, 1995 PAGE 8 Traffic Study in an amount not to exceed $9,990. Requested by: City Engineer 8.17 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE AUTHORIZATION OF THE CALIFORNIA CONTRACT CITIES ASSOCIATION TO REPRESENT CONTRACT CITIES IN CONTINUING NEGOTIATIONS TO REFORM, ADMINISTER AND MONITOR THE LIABILITY TRUST FUND AND TO AUTHORIZE THE CONTRACT CITIES ASSOCIATION TO RETAIN CONSULTANTS AS NEEDED WITH EXPERTISE IN CLAIMS MANAGEMENT, RISK MANAGEMENT, LIABILITY LITIGATION AND ADMINISTRATION COSTS; UTILIZING MONIES FROM THE LIABILITY TRUST FUND. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX. Requested by: City Manager 9. PUBLIC HEARINGS: None 10. OLD BUSINESS: 10.1 ORDINANCE NO. 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 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 of Ordinance No. 04A(1995) "An Urgency Ordinance of the City Council of the City of Diamond Bar Revising Ordinance No. 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 18 Months." Requested by: City Manager 10.2 PROPOSED THREE VALLEYS MUNICIPAL WATER DISTRICT "READINESS -TO -SERVE CHARGE." Recommended Action: It is recommended that the City Council take no policy position regarding the proposed Three Valleys Municipal Water District "Readiness -to - serve Charge", and recommend to the elected officials DECEMBER 5, 1995 PAGE 9 of the Three Valleys Municipal Water District and the Walnut Valley Water District who represent Diamond Bar that they hold public hearings in the community to receive guidance in determining the best method of allocating the readiness -to -serve charge of the Metropolitan Water District. Requested by: City Manager 10.3 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AND REQUESTING THE FUNDING OF THE SR57/SR60 INTERCHANGE HOV DIRECT CONNECTORS PROJECT - The Los Angeles County Metropolitan Transportation Authority has ranked the 1996 State Transportation Improvement Program Trade Proposals (LACMTA). The SR57/SR60 Interchange HOV Direct Connectors Project ($68.8 million) has been ranked within the 75% percentile for funding. Under existing practices, ranking within the 75 percentile would generally assure project funding. Nevertheless, it is important that demonstrated support be conveyed to the California Transportation Commission for its consideration during the deliberation process. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX supporting and requesting the funding of the SR57/SR60 Interchange HOV Direct Connectors Project and direct staff to forward the Resolution to the California Transportation commission. Requested by: City Manager 10.4 PROPOSAL FOR LEGISLATIVE AND ADVOCACY SERVICES RELATED TO THE 1996 STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) - The SR57/SR60 Interchange HOV Director Connectors Project has been included in the 1996 STIP recommendation to the California Transportation Commission. In order to further assure the funding of this project, which is of critical importance to the City, the retention of a legislative and advocacy services would appear to be necessary. Staff has reviewed several legislative and advocacy proposals and has determined that Morshed and Associates -The Ewing Group be retained to provide legislative and advocacy services on behalf of the City with specific emphasis on the California Transportation Commission. Recommended Action: It is recommended that the City Council retain the services of Morshed Associates -The Ewing Group for legislative and advocacy services in an amount not to exceed $9,500 and direct the City Manager to enter into an agreement for said services. DECEMBER 5, 1995 PAGE 10 Requested by: City Manager 11. NEW BUSINESS: 11.1 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 for the petitions on November 13, 1995 and certified that 4,412 signatures were 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 1) receive and file the Certificate of Examination and accompanying signature verification report provided by the Los Angeles County Registrar- Recorder/County Clerk; 2) consider options outlined in the staff report and 3) authorize expenditure of $20,000 to secure professional consultant services 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. 11.2 (1) ORDINANCE NO. 0X(1995): AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE CODE," 1994 EDITION, THE "UNIFORM BUILDING CODE," 1994 EDITION, VOLUMES 1, 2, AND 3, INCLUDING ALL APPENDICES THERETO, THE "UNIFORM MECHANICAL CODE," 1994 EDITION AND THE APPENDIX THERETO, THE "UNIFORM PLUMBING CODE," 1994 EDITION AND THE APPENDICES THERETO, THE "NATIONAL ELECTRICAL CODE," 1993 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING CODE," 1994 AND THE APPENDICES THERETO AND THE "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE," 1994 EDITION AND APPENDIX ONE OF THE 1994 UNIFORM CODE FOR BUILDING CONSERVATION AND CHAPTER 99 "THE BUILDING AND PROPERTY REHABILITATION" OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE 1993 EDITION TOGETHER WITH CERTAIN DECEMBER 5, 1995 PAGE 11 AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, INCLUDING FEES AND PENALTIES AND DECLARING THE URGENCY THEREOF. (2) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 0X(1995), ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS - The State of California reviews its Model Building Code regulations every three years, and adopts the most current Uniform Building Codes printed by the International Conference of Building Officials. The State of California adopted the 1994 Building Code, 1994 Plumbing Code, 1994 Uniform Housing Code, and 1994 Mechanical Code, 1993 National Electric Code in late July, 1995. Local jurisdictions are required to adopt said codes by ordinance within six (6) months or they will automatically be adopted by operation of law. The State allows local municipalities to amend the Uniform Building Codes to meet the unique climatic, geographical, and topographical conditions of the City. Recommended Action: It is recommended that the City Council adopt (1) Ordinance No. 0X(1995) An Urgency Ordinance of the City of Diamond Bar amending title 15 of the Diamond Bar Code; and (2) Resolution No. 95 -XX making express findings and determination that modifications to the Uniform Building Code, Uniform Plumbing Code, and National Electrical Code, as adopted by Ordinance No. 0X(1995), are reasonably necessary because of local climatic, geological or topographical conditions. Requested by: Building Official 11.3 DISCUSSION REGARDING CANDIDATES FOR APPOINTMENT TO A VACANCY ON THE LOS ANGELES COUNTY LOCAL AGENCY FORMATION COMMISSION - On December 7, 1995 the City Selection Committee will be considering candidates for a LAFCO vacancy. The candidates are Jack Hastings, Councilman from the City of LaCanada/Flintridge and Diana Ring, Councilwoman from the City of Claremont. Recommended Action: It is recommended that the City Council discuss the candidates for the LAFCO vacancy and direct the Mayor to cast a vote on behalf of the City for the candidate the Council determines to support. Requested by: City Council DECEMBER 5, 1995 PAGE 12 11.4 DISCUSSION REGARDING VACANCY RELATED TO THE ALTERNATE BOARD MEMBER TO THE METROPOLITAN TRANSPORTATION COMMISSION BOARD - There is a vacant Metropolitan Transportation Commission alternate board member position. The Los Angels County City Selection Committee will be meeting on December 7, 1995 to consider appointment to the vacant MTA alternate board member position. Two announced candidates to the position: Beatrice Lapisto-Kirtley, Councilwoman from the City of Bradbury and Bob Bartlett, Councilman from the City of Monrovia. Recommended Action: It is recommended that the City Council discuss the candidates for the Metropolitan Transportation Commission alternate board member position and direct the Mayor to cast a vote on behalf of the City for the candidate the Council determines to support. Requested by: City Council 12. ANNOUNCEMENTS: 13. CLOSED SESSION: PENDING LITIGATION: Name of Case: 14. ADJOURNMENT: CONFERENCE WITH LEGAL COUNSEL - (Subdivision (a) of Section 54956.9) Diaz, Ramos, Martinez, Wills vs. City of Diamond Bar 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 in the AQMD Auditorium, located at 21865 E. Copley Dr., Diamond Bar, California at 6:30 p.m. on Tuesday, December 5, 1995. Items for consideration are listed on the attached agenda. I, LYNDA BURGESS, declare as follows: I am the 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 December 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 December, 1995, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY 9LERK FROM: �C%�l'% GrDATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature f VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCILot y�4 TO: CITY QLERK FROM: til- (/1,'L� �`� �� F' ` DATE: ADDRESS: e- �r7 %YLQ -K (ItV1 RF N� 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 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. l Signatu TO: FROM: ADDRESS: ORGANIZATION VOLUNTARY RFOUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: (Z& A Q -/ tS GS CITY CLERK \ e �) C—, ( tJ DATE:5- z1t s PHONE: 61' <Z�b 1 C.. , '2' t F'�u , �/ , Vit lAj 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 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL L/=J TO: FROM: ADDRESS: ORGANIZATION: AGENDA WSUBJECT: CITY CLERK _ /z) 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. r- ,'c -r1 --`tom '� Signatu A VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL I� TO =RO )M ADDRESS: OR 3ANIZATION: AGF -NDA #/SUBJECT: CITY CLERK r"i/f ` 7<. ,A,I A IC „0. ,-z A --(_J DATE: PHONE: I exiiect to address the Council on the subject agenda item. Please have the Council Minutes reflect m name and address as written above. Signature �I TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK �W✓IG��� ��j.r� 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 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK C- t c < <' % N(—" DATE: /,; f •S� Q e— PHONE: A C— CC ) Ce'' (-, / 5 c-1 _cx+ J OACCcr 4 7� ' S - v I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect ml name and address as written above. Sig re VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL u TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK / DATE: Z S' Gl Sl PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK i DATE: f ~ PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL i— TO CITY CLERK --ROM: _ 1 RO )M �' ( ✓vim/ I lL DATE: % 7-/ S ADS )RESS: 2 ��' / �� L7 �,'d/� `� 2�! �'PH0NE �D f 0 OR aANIZATION: AG :-NDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m name and address as written above. Signature C qG i -Oct an, --- I ; VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL f� TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK a DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m, name and address as written above. Signature piaase have _y the C oUncil M'nvtes refl�t re /TIy �e 00 M/o41 es red 00t ?iy 50,(x)0 to 150,000 Population San,Pasadcna. CA - "Tradition. Innovation, Cooperation" (Ann Erdman) First class publication with nice design and layout. and great paper selection. Clearly meets communication objectives. Inserts allow reprinting on time -sensitive material. Silver Circle Yuma, AZ - 1995 Strategic Management Plan (Mike Shelton) Easy to read and good graphics with a clear cut objective. Good continuity of type and graphics. Diamond Bar. CA - "Facin¢ the Music" (Mike Nelson) This mock CD is a creative approach to solving a community problem. Aimed at a clear target market and written well. Certificates of Lakewood, CO - "An Illustrated Biography" (Joni Inman) Excellence Beautifully executed 316 -page 25th anniversary book chock full of information. Builds a sense of community in meeting their objective for this city. Palo Alto, CA - Parkin in Downtown Palo Alto (Lynne Johnson) Great use of color and interior design element. Very user friendly, well written and not overwhelming for a six -panel brochure. Over 150.000 Population Savvy Long Beach/Water, CA - Three entries (Marion S. Mickus) The judges used their prerogative to combine these three entries — 1994 Annual Report. Water Department Brochure and Strategic Plan Update) and award the SeM. The annual report uses stunning impressionistic pictures to convey an image. The brochure is excellent, with crisp pictures, fold -out pages and lots of information. The update is simpler — and less expensive — with a strong theme and good readability. Siler Circle Phoenix, AZ - Annual Report (Marcie Colpas) An excellent annual report with a Fortune 500 feel. The striking cover introduces a well written, well-designed publication with clear delineation of points of interest. A classy job. Certificate of Clark County. WA - Clark County Chronicle (Lianne Forney) Excellence Billed as a "brief. easy -to -read publication about major accomplishments in county government' — and it is! For $900 (wow) the Chronicle is well-designed, readable and appealing. Page 4 ,t EDWARD S. CORTEZ MAYOR November 13, 1995 OFFICE OF THE MAYOR AS, Honorable � 5�0� Honorable Phyllis Papen City of Diamond Bar 21660 E. Copley Dr. Suite 100 Diamond Bar, CA. 91765 Dear Mayor Papen and Council: , The Pomona City Council is pleased to announce its endorsement of Vice -Mayor Nell "' i-0 Soto for the South Coast Air Quality Management District Governing Board of Directors. Nell is a hard-working, industrious member of our City Council and has applied the same energy to her duties as the Eastern Region Cities Representative. She has done an outstanding job as our representative and we believe she deserves re-election. The Pomona City Council respectfully requests your support and endorsement of Nell Soto for re-election to the AQMD Board of Directors at the next meeting of the City Selection Committee on December 7, 1995. Recent legislation has changed the process to accepting a simple majority of member cities and population. Please plan to attend this meeting so that we can complete this exercise on the first round of votes. Thank you in advance for your favorable consideration on this matter. Sincerely, Edward rtez Mayor Attachments: Pomona Resolution No -95-152 City Hall, 505 So Garey Ave, Box 660, Pomona, CA 91769, (909) 620-2051, Fax (909) 620-3707 RESOLUTION NO. 95-152 RESOLUTION OF SUPPORT RELATING TO THE NOMINATION OF NELL SOTO AS SOUTH EAST REGION REPRESENTATIVE TO THE SOUTHERN CALIFORNIA AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) GOVERNING BOARD OF DIRECTORS WHEREAS, the election for South East Region representative to the SCAQMD Governing Board of Directors for a term ending January 15, 2000, will be held December 7, 1995; WHEREAS, Nell Soto has implemented a new local government outreach program to provide access and resources to cities about SCAQMD affairs; WHEREAS, Nell Soto convened a Leadership Summit in 1995 with over 300 attendees to address concerns and recommendations for the SCAQMD, with SCAQMD staff now implementing many of the recommendations generated at this discussion; WHEREAS, Nell Soto has sent a monthly City Focus Letter to update cities on actions at the SCAQMD that are specific to city concerns; and WHEREAS, Nell Soto assisted in forming a League of Cities Air Quality Task Force to ensure broad-based inclusion of city concerns in the SCAQMD's development of rules and policies, and has achieved these changes in SCAQMD policies for more open communication between the SCAQMD and its constituents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona, California, as follows: SECTION 1. That Nell Soto has successfully executed the duties of her office, including, but not limited to, representing the cities in the SCAQMD's South East Region. SECTION 2. That the City Council of the City of Pomona, supports the nomination of Nell Soto to the SCAQMD Governing Board of Directors as South East Region representative for a four-year term ending January 15, 2000. SECTION 3. The City Clerk shall certify to passage and adoption of this resolution, and it shall thereupon take effect and be in force. STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES) I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Pomona, California, and signed by the Mayor of said City at an regular meeting of said Council, held on the 6th day of November 1995, by the following vote, to wit: AYES: Councilmember: Soto, Robles, Carrizosa, Lantz, White, West. „ NOES: " ABSTENTIONS: " ABSENT: If (Mayor) Cortez. NOT VOTING: it City Clerk (EV/11-07-95) CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: December 5, 1995 REPORT DATE: November28, 1995 FROM: Lynda Burgess, City Clerk TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 1995, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW SUMMARY: The City conducted its General Municipal Election for two City Council vacancies on November 7, 1995, consolidated with the City of Walnut, the Walnut Unified School District, the Pomona Unified School District and Mt. San Antonio Community College. With the exception of nomination of candidates, all aspects of the election were administered by the Los Angeles County Registrar- Recorder/County Clerk on behalf of the City. The Registrar -Recorder certified the results of the election on November 20, 1995 which indicate that Bob Huff and Carol Herrera were duly elected for the two seats. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 95 -XX reciting the fact of the General Municipal Election held on November 7, 1995 and declaring the result thereof. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes XNo Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belange Frank M. Usher City Manager Assistant City Manager DEPARTMENT HEAD: Lyn Burgess City Clerk RESOLUTION NO. 95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 1995, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Diamond Bar, California, on Tuesday, November 7, 1995, as required by law, and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cites; and WHEREAS, pursuant to Resolution No. 95-31, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the precincts except absent voter ballots and provisional ballots was 4,519. That the whole number of absent voter and provisional ballots cast in the City was 1,984, making a total of 6,503 ballots cast in the City. SECTION 2. That the names of persons voted for at the election for Member of the City Council are as follows: BOB HUFF CAROL HERRERA PHYLLIS PAPEN JIM PAUL ALBERT "AL" PEREZ ART O'DALY THOMAS ORTIZ JONG M. LEE BARBARA BEACH-COURCHESNE DONALD SCHAD BRUCE FLAMENBAUM SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit "A" attached. SECTION 4. The City Council does declare and determine that Bob Huff was elected as Member of the City Council for the full term of four years. Due to a recount conducted on December 1 1995, a tie exists for the second seat between Carol Herrera and Don Schad for Member of the City Council for the full term of four year. SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) the whole number of ballots cast in the City; (2) The names of the persons voted for; (3) The number of votes given at each precinct to each person; and (4) The total number of votes given to each person. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on December 5, 1995. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, does 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: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar L RECEIVED IZ/DY 19:25 1995 A7 613111 PAGE I (PFIHrED PAGE 1) 1 ELECTION -INFORMATION ID:2013 DEC 04'95 17:13 No -019 P.01 COUNTY OF LOS ANGELES REGISTRAR-RECORDER/COUNTY CLERK q, 12400 IMPERIAL HWY. - P.0 BOX 1024, NORWALK, CALIFORNIA 908611024 / (310( 462.2317 December 4, 1995 Ms. Lynda Burgess, City Clerk City of Diamond Bar 21660 East Copley Drive, Suite 102 Diamond Bar, California 91765 Dear Ms. Burgess: Enclosed is the Certificate of Recount and the official Statement of Votes Cast by precinct for the City of Diamond Bar General Municipal Eleotion held on November 7, 1995. Please call the Elections Administration Section at (310) 462-2317 if you have any questions. Enclosure Very truly yours, DARLENE M. BONDS, Interim Registrar-Recorder/County Clerk EXHIBIT 'A' C RECEIVED 12/(d4 19:25 1995 AT 613117 PAGE 2 (PRINTED PAGE 2) I ELECTION -INFORMATION ID:2013 DEC 04'95 17:13 No.019 P.02 CERTIFICATE OF RECOUNT I, DARLENE M. BONDS, Interim Registrar-Recorder/County Clerk of the County of Los Angeles, State of California, do hereby certify that the attached is a true and correct Canvass of the Votes Cast at the recount for all candidates for the office of City Council at the DIAMOND BAR CITY GENERAL MUNICIPAL ELECTION consolidated with the November 7, 1995 CONSOLIDATED ELECTIONS. I further certify that the total ballots cast at the DIAMOND BAR CITY GENERAL MUNICIPAL ELECTION ie as follows' PRECINCT BALLOTS CAST 4,519 ABSENTEE BALLOTS CAST 1,984 TOTAL BALLOTS CAST 6,503 I further certify that the total votes cast for the office of City Council is as follows: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 4th day of December, 1995. 41A. 10• - 41. R. DARLENE M. BONDS Interim Registrar-Recorder/County Clerk County of Los Angeles PRECINCT ABSENTEE TOTAL CITY COUNCIL VOTE VOTE VOTE BOB HUFF 1,668 572 2,240 CAROL HERRERA 1,142 467 1,609 PHYLLIS PAPEN 487 309 796 JIM PAUL 602 292 894 ALBERT "AL" PEREZ 716 251 967 ART O'DALY 359 201 570 THOMAS ORTIZ 903 323 1,228 JONG M. LEE 533 415 948 BARBARA BEACH-COURCHESNE 336 160 496 DONALD SCHAD 1,170 439 1,609 BRUCE FLAMENBAUM 394 138 532 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 4th day of December, 1995. 41A. 10• - 41. R. DARLENE M. BONDS Interim Registrar-Recorder/County Clerk County of Los Angeles r � - - - ^ Z £0'd 610'ON £l:Zl S6. VO 33G £ZOZ:QI NOIldWdOJNI-NC:.73�3 I (£ 39Hd aSINIUd) £ 3SUd LII£19 19 S66I 52:61 h0/21 03A13338 I goLO iy p Q� ll"77 At O t a 0 c m VV p m 8 +f � h N � � � � f N ♦ N � � F � N � 1[1 O Ql Lo Q fY Y7 /9 IO i�1 Q til O N f Iil n LLj 4! t AW m - 1., m 1"S �•7 P7 �^, Iii Pi M 41 Y ^ t7 9 A W r N A H W 1� < ss V J s� G FS J W is J N M N M N N tN'f Q N H W CD r 0 3 o � t - - - ^ £0'd 610'ON £l:Zl S6. VO 33G £ZOZ:QI NOIldWdOJNI-NC:.73�3 I (£ 39Hd aSINIUd) £ 3SUd LII£19 19 S66I 52:61 h0/21 03A13338 I KEUI IAV L/L- .. L.7 - -I I I ,� ` I1,. FLECTION—INFORMATION TD:2013 DEC. 04'95 17:13 No.019 P.01 tDeo COUNTY OF LCIS ANGELES REGISTRAR-RECORDER/COUNTY CLERK 12400 IMPERIAL HWY. -- P.0- BOX 1024, NORWALK, CALIFORNIA 008511024 / 1310) 462.2317 December 4, 1995 Ms. Lynda Burgess, City Clerk City of Diamond Bar 21660 East Copley Drive, Suite 102 Diamond Bar, California 91765 Dear Ms. Burgess: Enclosed is the Certificate of Recount and the official Statement of Votes Cast by precinct for the City of Diamond Bar General Municipal Eleotion held on November 7, 1995. Please call the Elections Administration Section at (310) 462-2317 if you have any questions Enclosure Very truly yours, 0,44.6__.-AO).Opt -A DARLENE M. BONDS, Interim Registrar-Recorder/County Clerk EXHIBIT "A" C RECEIVED IZ/©`f 19:ZS L99S Al h"' Ii16F � kph r n_; ; LLD TION-INFORMATIOIJ D:2C13 01-C J4 '95 17:13 No.019 P.02 CERTIFICATE OF RECOUNT I, DARLENE M. BONDS, Interim Registrar-Recorder/County Clerk of the County of Los Angeles, State of California, do hereby certify that the attached is a true and correct Canvass of the Votes Cast at the recount for all candidates for the office of City Council at the DIAMOND BAR CITY GENERAL MUNICIPAL ELECTION consolidated with the November 7, 1995 CONSOLIDATED ELECTIONS. I further certify that the total ballots cast at the DIAMOND BAR CITY GENERAL MUNICIPAL ELECTION is as follows' PRECINCT BALLOTS CAST 4,519 ABSENTEE BALLOTS CAST 1,984 TOTAL BALLOTS CAST 6,503 I further certify that the total votes cast for the office of City Council is as follows: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 4th day of December, 1995. A.,ow,It 41 • gill DARLENE M. BONDS Interim Reglstrar-Recorder/County Clerk County of Los Angeles PRECINCT ABSENTEE TOTAL CITY COUNCIL VOTE VOTE VOTE BOB HUFF 1,668 572 2,240 CAROL HERRERA 1,142 467 1,609 PHYLLIS PAPEN 487 309 796 JIM PAUL 602 292 894 ALBERT "AL" PEREZ 716 251 967 ART O'DALY 369 201 570 THOMAS ORTIZ 903 323 1,226 JONG M. LEE 533 415 948 BARBARA BEACH-COURCHESNE 336 160 496 DONALD SCHAD 1,170 439 1,609 BRUCE FLAMENBAUM 394 138 532 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 4th day of December, 1995. A.,ow,It 41 • gill DARLENE M. BONDS Interim Reglstrar-Recorder/County Clerk County of Los Angeles 4 N n f'V N N r f7 n u'1 m 1n r M {IJ M PM m x''77 2 w w O Q r r Z O C3 ap m m El c� z fJ M1 fD Ifl Y7 Fl 70 F C i!f N < &P ifl N Q7 N c^l 4 n 12-1 W �y WW p pp qq _ at C2 G Z W O O La y- CLF� FS FS 75 IN `^, -V hi u4 M '-4 W zi UL` � gW U 6 W -I C2 W O W � � O W d V CC Q or OD m 2 p r r Y CJ m H ^� 7.. o e £0'd 610'ON £T:ZT S6,bCi D33 £TOZ:QI NOIlOWdOJNI-NOI3 [ (E 39Hd 03INI8d) E 39Hd LIIE19 IH 5661 52:61 h0/21 U3A13338 I E MINI ITGC ns: THF (_ITY COLINGIL 44?, REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 7, 1995 CALL TO ORDER: M/Papen called the meeting to order at 6:34 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by the Members of Veteran of Foreign Wars. 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; Jim DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 2.1 Presented Commendation to Retired Los Angeles Police Department Detective III Robert E. Peters. 2.2 Asst. CM/Butzlaff demonstrated the City's Home Page on the World Wide Web portion of the Internet. 3. PUBLIC COMMENTS: Dr. Lawrence Rhodes, Fiber Ct., asked the Council and City Attorney to investigate how Proposition 62, eliminating collection of taxes such as Transient Occupancy Tax, will affect the citizens of D.B., Water District and the School District. Mike Goldenberg, 1859 Morning Canyon, Parks & Recreation Commissioner, displayed photographs of the completed park entrance signs. He asked the Council to consider a design change for the City's entrance signs. Don Gravdahl, 23988 Minnequa, asked that everyone send get well wishes to long- time resident Red Calkins. He presented a Rate Increase Chart provided by Three Valleys Water District indicating parcel rate increase for the next three years. He suggested that each resident write "NO" on their water bills to indicate that they are against the rate increase. In regard to the MRF proposal, he commented that, in studying wind direction, it appears as though MRF pollution will be blown directly into the City. With respect to Mr. Gravdahl's comments, C/Ansari also expressed concerns over the Three Valleys Water District rate increase. Hearings by the Three Valleys Water District have been scheduled for December 2, 1995 at 7:30 p.m. at the San Dimas Community Center and on December 14, 1995 at 7:30 p.m., at the AQMD, D.B. PAGE 2 NOVEMBER 7, 1995 MPT/Werner asked staff to bring this issue back at the next Council meeting for further discussion prior to the Water District's hearings. M/Papen also asked staff to address the following issues: 1) is the $12.61 and $4.41 increase a "per parcel" charge or based on the amount of water used; 2) why are the 27 agencies each charging a different fee. Roger Myer, 2634 Crooked Creek Dr., asked the Council to allocate more funds for additional Sheriff patrols due to an incident that occurred at the Country Hills Towne Center. Ron Davis, 20718 Earlgate, asked why taxes are going up and overriding the mandate of the voters. CM/Belanger advised that the only City assessment is for District No. 38 for landscape and lighting. Other assessments remaining on homeowners' property tax bills are from other taxing agencies/governmental agencies. In regard to Proposition 62 affecting taxes within the State of California, the Supreme Court set aside a case that cities have been relying upon since the mid to late 1980's to make certain changes in certain taxes. The Proposition relates to taxes upon D.B. residents for utility user taxes, business license taxes and transient occupant taxes. In regard to assessment districts, he explained that assessment districts are not part of the decision related to Proposition 62 and are governed by another statutory scheme. Martha Bruske, 600 S. Great Bend, asked the citizens and future Council Members to respect and listen to each other. She suggested several changes to facilitate governing smooth Council meetings. Al Perez, 703 Pantera, expressed concern regarding how the last MRF meeting was conducted. In regard to Mr. Myer's comments, he is in favor of more police patrol throughout the city. Don Schad, 1824 Shaded Wood Rd., thanked his campaign supporters. Nick Anis clarified that he is not a part of the D.B. Caucus and suggested that a Council candidate code of conduct be developed for the next election. Terry Birrell shared an official document signed by the City Clerk referring to Mr. Anis. 4. COUNCIL COMMENTS: C/Ansari advised that she attended the November 2, 1995 "scoping" meeting regarding the City of Industry's MRF. Since there were no Industry city official present, it appeared as though the meeting was informal even though Industry's consultant was present. A final meeting will be held on November 19, 1995 and she requested that D.B. citizens write to the City of Industry PAGE 3 NOVEMBER 7, 1995 expressing their concerns with the MRF. Further, she announced that the State will be taking testimony for revision of the State Constitution on November 30, 1995, 9:00 a.m. - 4:30 p.m., at the Golden Shore Auditorium in Long Beach and on December 5, 1995, in Pasadena, 7:00 - 9:00 p.m. She felt that a consultant should be hired to help the Council work better as a team. MPT/Werner advised that per the City's accountants, correspondence was received indicating that the City's procurement/purchasing policies showed appropriate accounting practices. He asked that the meeting be adjourned in memory of Yitshak Rabin. In regard to traffic and freeway improvements, M/Papen asked citizens to write letters of support to the CTC for funding this project and recommended that a lobbyist be hired for this project. MPT/Werner suggested that a Resolution be placed on the next Council agenda for further discussion and placement of a lobbyist. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC & TRANSPORTATION COMMISSION - November 9, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 MATERIALS RECOVERY TECHNICAL ADVISORY COMMITTEE - November 9, 1995 - 6:30 p.m., AQMD CC -6, 21865 E. Copley Dr. 5.3 VETERANS HOLIDAY - November 10, 1995 - City Offices closed. 5.4 PLANNING COMMISSION - November 13, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 PARK & RECREATION COMMISSION - November 16, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.6 CITY COUNCIL - November 21, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Ansari moved, MPT/Harmony seconded to approve the Consent Calendar, with the exception of Item 6.4. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES: C/Ansari asked that the Minutes for October 17, 1995 be amended to include comments made by Frank Dursa during Public Comments. 6.1.1 Regular Meeting of October 17, 1995 -Approved as corrected. 6.1.2 Special Meeting of October 20, 1995 - Approved as submitted. PAGE 4 NOVEMBER 7, 1995 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of September 11, 1995 - Received & filed. 6.2.2 Regular Meeting of October 9, 1995 - Received & filed. 6.3 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of September 28, 1995 - Received & filed. 6.5 TREASURER'S REPORT - Received & filed Treasurer's Report for September 1995. 6.6 CLAIMS FOR DAMAGES: 6.6.1 Filed by Yong Ok Chon on October 24, 1995 - Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.6.2 Filed by Rahmat and Gail Esfahan iha on October 24, 1995 -Rejected request and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.6.3 Filed by Nelson and Nellie Reyes on October 24, 1995 -Rejected and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.6.4 Filed by Young Hoon and Yong Hwa Kim on October 24, 1995 - Rejected and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.6.5 Filed by Tiffany Flamenbaum on October 24, 1995 - Rejected and referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.7 RELEASED GRADING CASH BOND POSTED NO. 0800-2300-1001 FOR 23904 FALCONS VIEW DRIVE IN "THE COUNTRY" - in the amount of $3,780 and directed the City Clerk to notify the Principal. 6.8 ADOPTED RESOLUTION NO. 95-56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR PHASE II A.D.A. MODIFICATIONS AT MAPLE HILL PARK IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.9 ADOPTED RESOLUTION NO. 95-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF PAGE 5 NOVEMBER 7, 1995 COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1. 6.10 ADOPTED RESOLUTION NO. 95-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING STOP SIGNS AT THE INTERSECTING LEGS OF BALLENA DRIVE AND PLATINA AT PALOMINO DRIVE. 6.11 ADOPTED RESOLUTION NO. 95-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE 1996/97 USED OIL RECYCLING BLOCK GRANT PROGRAM (FOURTH CYCLE) FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING LOCAL USED OIL COLLECTION PROGRAMS. 6.12 ADOPTED RESOLUTION NO. 95-60: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT AND FILE WITH THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES ALL NECESSARY REQUESTS, FORMS, AND OTHER DOCUMENTS PERTAINING TO STATE DISASTER ASSISTANCE. MATTERS WITHDRAWN FROM THE CONSENT CALENDAR 6.4 VOUCHER REGISTER - dated November 7, 1995 in the amount of $1,031,392.79. MPTMerner questioned a per diem advance in the amount of $129.50 made to C/Harmony. CM/Belanger advised that the per diem advance made to C/Harmony was made in conjunction with the League of California Cities conference. He advised that receipts had not yet been submitted for payment. MPT/Werner moved, C/Harmony seconded to approve the Voucher Register dated November 7, 1995 in the amount of $1,031,392.79 without the check to C/Harmony in the amount of $129.50. 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 7. PUBLIC HEARINGS: None PAGE 6 NOVEMBER 7, 1995 8. OLD BUSINESS: 8.1 UPDATE ON ACTIVITIES RELATED TO LANDSLIDE LOCATED AT THE WESTERLY BOUNDARY OF THE CITY OF DIAMOND BAR AT MORNING SUN AND SHEPHARD HILLS - CM/Belanger reported that four claims had been filed against the City relating to the landslide. He reviewed questions submitted by Beth Hodges and the Morning Sun property owners and stated that Civil Engineers and Geotechnical Consultants monitoring fixed reference points since the landslide have indicated that the upper level is still moving at a rate of 3" per week. The City has requested the Walnut Valley Unified School District to provide copies of the geotechnical landslide reports. To date, the requested remediation plans from VWUSD have not been received; however, the District advised that they have directed their Civil Engineers to prepare remediation plans. He discussed emergency funds and remediation funds that will be allocated to this disaster. He stated that the area involved in the landslide does need to be remediated and the property owners have been requested to provide a remediation plan to the City for review. Erosion control plans were submitted to the City by VWUSD and L.A. County Public Works has approved the plans as they pertain to County property and structures. VWUSD has completed installation of erosion control structures but Sasak has not yet installed it's erosion control plans beyond those already in existence on the property. Sasak has been notified by letter that they must provide plans for approval in order to put erosion control structures in place. WVUSD will make permanent repairs to the water lines and fire hydrants after they are satisfied that the landslide area has been remediated. Regarding fire protection, VWUSD has moved the water lines above ground temporarily. The Resolution approving the Sasak tentative tract map had not yet been signed because certain conditions precedent had not been completed as yet. CE/Wentz reviewed the erosion control plan and indicated that any water runoff during the rainy season could be adequately handled on-site and carried to existing drainage facilities. The developer of the Sasak property had been given three options to expedite the erosion control plan: 1) build to the plan approved by the school district; 2) hire his own contractor; 3) or provide the City with an alternate plan which would include sandbags currently on site. In regard to Sasak's remediation plan, it is currently being reviewed by staff to make sure that there are no other outstanding issues. C/Harmony asked if any other parties are being named in this suit and what are the specific causes of the suit. CM/Belanger advised that the specific causes named on the suit include real and personal property damage, devaluation of home, failure to maintain property in a reasonably safe condition resulting in the failure of the hillside and that a dangerous condition existed on public property. He advised that PAGE 7 NOVEMBER 7, 1995 the only other party that has received a property damage claim is Walnut Valley Unified School District. C/Harmony asked at what point the would City decide that Sasak is a public nuisance and that he has not complied with engineering plans. CM/Belanger advised that Sasak Development Co. had been advised that an erosion control plans must be provided within 10 days from last week. If that does not occur, staff will take additional measures to ensure that an erosion control plan is done on that site. In response to C/Harmony regarding how much water the desalting basins hold and how they are constructed, CE/Wentz indicated that it is unknown how much water can be held in the basins. Regarding water flow and saturation of the land, he reported that the land will get some saturation; however, most of the water will be from rain and the balance should go into the desalting basins to keep as much of it from saturating the fill area and flowing off to the north. C/Harmony stated that because Sasak missed several important deadlines and has not complied with several requests by the City, he suggested that when Sasak wants their tentative tract map to be approved they should have to come before the Council for a full review rather than just the Mayor signing off on the Resolution. CM/Belanger advised that the goal for Sasak is to have them remediate the immediate situation and focus their efforts into creating a remediation plan first --then deal with the Resolution. C/Harmony stated that this project does not stand approved because it did not meet the initial conditions of approval. MPT/Werner asked if a permit had been issued for erosion control plan construction. CE/Wentz replied that no permit had been issued; however, it has been authorized and reviewed by the Engineering Department. MPT/Werner expressed concern regarding who is taking responsibility for what is being designed and work completed to the extent that if there is a failure. CE/Wentz advised that these plans were designed for a 50 -year erosion design plan. In regard to a liability issue, he stated that the licensed civil engineer prepared the plans through NBS Lowry. PAGE 8 it NOVEMBER 7, 1995 CA/Jenkins concurred with CE/Wentz's response. In response to C/Harmony regarding when a public agency declares a public nuisance, CA/Jenkins advised of the procedures in which City staff could declare a public nuisance by their professional opinion. M/Papen indicated that this report has been received and filed. NEW BUSINESS: 9.1 DESIGN SERVICES FOR PUBLIC STREET IMPROVEMENTS ON BREA CANYON ROAD, DIAMOND BAR BOULEVARD, PATHFINDER ROAD AND SUNSET CROSSING ROAD - Deputy Public Works Director/Liu reported that a four -tier process was completed in order to select the appropriate engineering firm for this project. C/Harmony asked if a cul-de-sac design could also be accomplished during this project. CE/Wentz advised that Sunset Crossing cul-de-sac project will be completed in-house and it will be before the Council in December. Nancy Villalobos asked for clarification of what area of Sunset Crossing this project will repair. CM/Belanger advised that patching and repair improvements are unsure at this time; however, the work will be completed from D.B. Blvd. to Golden Springs. The project is anticipated to begin in the spring of '96. C/Ansari moved, MPT/Werner seconded to approve a professional services agreement with (1) Dewan, Lundin & Assoc. in an amount not to exceed $74,860 with a contingency amount of $3,500 and (2) Norris-Repke, Inc., in an amount not to exceed $42,300 with a contingency amount of $2,000. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Wemer, M /Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10. ANNOUNCEMENTS: None 11. CLOSED SESSION: M/Papen adjourned the meeting to Closed Session at 8:50 p.m. PAGE 9 C NOVEMBER 7, 1995 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION (Subdivision (a) of Section 54956.9) Name of Case: City of Diamond Bar vs. L.A. Nam, Inc. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 1320 Valley Vista, Diamond Bar Negotiating Parties: Mr. Simon Chu City of Diamond Bar Under Negotiation: Price M/Papen reconvened the meeting from Closed Session at 9:20 p.m. and the City Attorney announced that no reportable action had been taken. 12. ADJOURNMENT: of Yitshak Rabin. ATTEST: Mayor M/Papen adjourned the meeting at 9:25 p.m. in memory LYNDA BURGESS, City Clerk MuvuTE3 OP THE CITY COUNCIL SPECIAL MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 17, 1995 1. CALL TO ORDER: Mayor Papen called the meeting to order at 9:05 a.m. in the Conference Room, 21660 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Papen. ROLL CALL: Council Members Ansari, Mayor Pro Tem Werner and Mayor Papen. Council Member Harmony was excused. Also present were Terrence L. Belanger, City Manager; Frank M. Usher, Assistant City Manager; Linda Magnuson, Finance Manager and Lynda Burgess, City Clerk. 2. CONSENT CALENDAR: 2.1 VOUCHER REGISTER - Oscar Law asked questions regarding several items on the Voucher Register. Following discussion, MPT/Werner moved, C/Ansari seconded to approve the Voucher Register dated November 21, 1995 in the amount of $293,701.65. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Werner, M/ Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - C/Harmony 3. ADJOURNMENT: With no further business to conduct, M/Papen adjourned the meeting at 9:10 a.m. LYNDA BURGESS, City Clerk ATTEST: Mayor MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 23, 1995 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at 7:08 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Vice Chairman Huff. 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; Recording Secretary Carol Dennis. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of October 9, 1995. VC/Huff made a motion seconded by C/Meyer to approve the minutes as submitted. Without objection, the motion was so ordered. OLD BUSINESS - None NEW BUSINESS: 1. A request to Cul-de-sac Country View Drive at Grand Avenue. CDD/DeStefano stated the request to cul-de-sac Country View Drive at Grand Avenue has been placed on agenda for discussion. The City's Engineering Division received this request and agendized the item to the October 9, 1995 Traffic and Transportation Commission meeting for consideration. Testimony was received from the area residents. Following deliberation, the Commission directed staff to conduct a comprehensive traffic study no later than mid-January of 1996. The study was scheduled to follow completion of the Grand Avenue project and the SR 60 Freeway improvement project and include consideration of the improvements to the 71 October 23, 1995 Page 2 Planning commission Freeway/Corona Expressway. The Commission requested that, upon completion of the traffic study, the matter be scheduled for public hearing. This request was forwarded to the City Manager. On Thursday, October 19, 1995, the City Manager ordered the traffic study to commence in January, 1996. The Traffic and Transportation Commission will review the study and forward its recommendation to City Council. In the event that the Traffic and Transportation Commission recommends the cul-de-sac, the Planning Commission will be asked to review the item for compliance with the General Plan. The traffic study will incorporate the entire area including Quail Summit Drive and Rolling Knoll Road, as well as Country View Drive. Staff recommends that the Planning Commission receive public testimony and forward the information to the City's Engineering staff. CDD/DeStefano stated a copy of the complete package was forwarded to Ms. Wanda Tanaka, signator for the petition from the neighborhood residents. In addition, a copy of the Planning Commission agenda was sent to approximately 60 individuals who signed the petition requesting the cul- de-sac. C/Meyer stated that because he resides on Rolling Knoll Road, his participation in the review of the project will be limited. C/Schad stated he is in favor of expediting action to relieve the congestion on Country View Drive. Chair/Flamenbaum requested information regarding the placement and effectiveness of "no -right -turn" signs such as the signs at Country View Drive and Rolling Knoll Road at Grand Avenue. Chair/Flamenbaum opened the meeting to public testimony. Hubert Wilson, 23649 Country View Drive, presented a packet to the Planning Commissioners for their consideration. He stated that the problems experienced by the residents of Country View Drive and the surrounding areas began when Los Angeles County prepared a Negative Declaration for the extension of Grand Avenue through the City of Industry. When the Chino Hills project began in the 1980's, another extension was granted from Diamond Bar through Chino Hills to the 71 Expressway. This created a population center which was planned for 33,000 dwellings south of Diamond Bar. In order for motorists to get to Chino Hills when they encounter problems on SR 57, they exit the freeway onto Diamond Bar Boulevard and onto Grand Avenue. When the October 23, 1995 Page 3 Planning commission traffic comes to a standstill on Diamond Bar Boulevard, the vehicles exit onto Quail Summit Drive and cut through at the top of Country View Drive or Rolling Knoll Road. Because of speeding, residents and pets have been killed. The residents of Country View Drive believe the street should be closed. In addition, the residents believe that the problems are a direct result of the development in Chino Hills. When the EIR and the subsequent amendment was prepared, no consideration was given to the impact to the community of Diamond Bar. He further stated that the document he presented to the Commission proposes the cul-de-sacing of Country View Drive at Grand Avenue and the conversion of Grand Avenue to a toll road. The monies collected from the toll would be used to cure any traffic problems which result from the establishment of a population center to the south of the City of Diamond Bar. Wanda Tanaka, 23805 Country View Drive, stated she is present representing the majority of the residents regarding the cul-de-sacing of Country View Drive. In 1993 the residents went before the Traffic and Transportation Commission and the City Council regarding the cut -through traffic on Country View Drive. Studies were conducted which confirmed the overloading of the streets and "no -right -turn" signs were installed. She further stated that it is obvious the signs are not working. More traffic is cutting through the City. Country View Drive is unique in that traffic borders both the front and rear of the residences. The air, noise and traffic pollution is horrendous. Kenneth Cline, 23812 Country View Drive stated he moved back to Country View Drive for the second time because the street was very quiet and a good street to raise children. He further stated that the 71 Freeway project will not be completed for at least two years and Chino Hills continues to build. Traffic studies have been conducted. There was traffic enforcement when the "no - right -turn" signs were installed, however, there is no current enforcement. He appealed to the Planning Commission to take action. Debra Cline, 23812 Country View Drive stated that, in addition to Chino Hills residents, local residents are using the area as a cut through. She indicated that she has written several letters to the City and has contacted the Sheriff's Department regarding this matter. She further stated that she and other area residents have been told by the Sheriffs Department that they will not enforce the "no -right -turn". October 23, 1995 Page 4 Planning co=ission Chair/Flamenbaum closed the public testimony. CDD/DeStefano responded to Chair/Flamenbaum that the General Plan called out the maintenance of existing cul- de-sac at Sunset Crossing Road and other streets in the immediate area. Sunset Crossing Road functions as a cul- de-sac and Country view Drive does not. The Traffic and Transportation Commission will make a recommendation to the City Council. The Planning Commissioners may comment on the study as private citizens. The Planning Commission will be provided a copy of the traffic study. The Planning Commission will have an opportunity to review the item if the Traffic and Transportation Commission recommends that Country View Drive be closed. The Planning Commission will review the recommendation for consistency with the General Plan. Chair/Flamenbaum stated this is a land use decision as well as, a traffic decision. In his opinion, this item should be under consideration by the Planning Commission. CDD/DeStefano stated that formal applications for cul-de- sacing, stop signs and other traffic control devices are considered by the Traffic and Transportation Commission with recommendation to the City Council for action. C/Schad stated that the Planning Commission recently approved the cul-de-sacing of a street. Chair/Flamenbaum suggested the Planning Commission request a joint meeting with the Traffic and Transportation Commission to discuss this item. C/Meyer stated that the discussion of this item is a symptom of the problem. The problem is that the arterial highway system does not function. This is the end result of that problem. What the area residents describe is true. The end result is that the neighborhood is handling more traffic than it was designed to handle. The neighborhood is being subjected to cut -through traffic because Diamond Bar Boulevard and Grand Avenue do not work. During the General Plan review process, the Planning Commission was to have considered alternative roadways that would lessen the congestion on the City streets. The matter was passed over and now the City is dealing with symptoms of a problem with which the Planning Commission decided it did not want to deal. He proposed that the residents should also request the cul- de-sacing of Rolling Knoll Road. Rolling Knoll Road deserves the same considerations as Country View Drive since the problems are applicable to both streets. This community is bound by the mandates of the State of October 23, 1995 Page 5 Planning coamission California. Traffic analysis for any development are extended a maximum of f ive ( 5 ) miles from the project site to analyze the traffic impact at intersections. In addition, mitigation measures must be implemented and funding sources must be provided. The City needs to actively participate in the regional pursuit of providing an alternative arterial highway to move the traffic as provided for in the General Plan. The elected City officials will have to deal with the situation. VC/Huff stated he agrees with C/Meyer that this request is a symptom of a regional traffic problem. Chino Hills is only 60% built -out. Forty percent of the Chino Hills commuters travel to Orange County and because Carbon Canyon Road is only two lanes, most of the commuters pass through Diamond Bar. He further stated he has observed that the Sheriff's Deputies patrol close to Rolling Knoll Road. The savvy drivers avoid the deputies by proceeding to Country View Drive and make a right turn onto Grand Avenue. He encouraged staff to request the Sheriff's Department to increase enforcement of the "no -right -turn" at both the Rolling Knoll Road and Country View Drive outlets until the traffic study is completed. He stated, that, in his opinion, the City should consider a regional road to move the traffic from San Bernardino County to Orange County without cutting through Diamond Bar. C/Schad stated that during the General Plan process he was attempting to get the decibel level reduced and this item is a good application for reduction. He indicated that he is in favor of a joint meeting with the Traffic and Transportation Commission to move the matter forward. CDD/DeStefano stated that Traffic and Transportation Commissioner Gravdahl advised him that it was appropriate to conduct the traffic study at the beginning of 1996. He indicated he will convey the wishes of the Planning Commission to expedite the study. In addition, he stated he will contact the Sheriff's Department on Tuesday morning, October 24, and request increased enforcement of the "no -right -turn" signs at Rolling Knoll Road and Country view Drive. C/Meyer cited the absurdity of a scheduled "no -right - turn" as a traffic solution to mitigate a publicly designed street. C/Fong stated an obvious solution would be to cul-de-sac Country View Drive since it would cost less than a traffic study. October 23, 1995 Page 6 Planning Commission C/Meyer stated he advocates cul -de -lacing both Rolling Knoll Road and Country View Drive and moving the traffic signal to Diamond Bar Boulevard at Quail Summit. In addition, he advocates putting a road through Soquel Canyon or Tonner Canyon to get the traffic away from Diamond Bar Boulevard and Grand Avenue. CDD/DeStefano responded to C/Schad that the citizens of Diamond Bar and neighboring communities have rights of access to Country View Drive because it is a public street. The end result may be that the street is closed. However, in order to accommodate the law, the public hearing process must be followed. C/Schad made a motion, seconded by VC/Huff to request the City move expeditiously to complete the traffic study and to request enforcement of the "no -right -turn" signs at Rolling Knoll Road and Country View Drive. Without objection, the motion was so ordered. CDD/DeStefano reiterated he would relay the motion to the City's Engineering staff and the Traffic and Transportation Commission. In addition, he stated he would include the request for a joint meeting between the Planning Commission and the Traffic and Transportation Commission. Jean Fujihara, 23717 Country View Drive stated she favors a traffic study in January, 1996 rather than during the holiday season when the traffic counts are skewed. PLANNING COMMISSION ITEMS: VC/Huff thanked the City for trimming the trees along Grand Avenue. INFORMATION ITEMS: CDD/DeStefano stated that the City of Industry is processing an Environmental Impact Report for the MERF project. The City of Walnut has joined with the City of Diamond Bar to share the cost. The City of Industry continues to pursue its agenda to create the project. The EIR will be completed within approximately three months. ANNOUNCEMENTS - None October 23, 1995 Page 7 ADJOURNMENT: Planning Commission There being no further business to conduct, Chairman Flamenbaum declared the meeting adjourned at 8:08 p.m. Respectfully Submitted, /s/ James DeStefano James DeStefano Community Development Director Attest: /s/ Bruce Flamenbaum Bruce Flamenbaum Chairman CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION NEIGHBORHOOD TRAFFIC MANAGEMENT STUDY WORKSHOP #2 JUNE 08, 1995 CALL TO ORDER: Chairman Istik called the meeting to order at 6:05 p.m. at the South Coast Air Quality Management District (SCAQMD) Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Chavers. ROLL CALL: Commissioners: Chairman Istik, Commissioners Chavers, Gravdahl Absent: Vice -Chair Leonard Commissioner Ortiz arrived at 6:46 p.m. Staff: Senior Engineer, David Liu; Administrative Assistant, Tseday Aberra; Sergeant Rawlings; and Recording Secretary, Carol Dennis I. APPROVAL OF MINUTES: 1. Meeting of May 11, 1995 C/Chavers stated Page 4, Paragraph 3, Line 13 should be corrected to read 10,000 GVW instead of GAW. A motion was made by C/Chavers and seconded by C/Gravdahl to approve the minutes as amended. The motion was approved 3-0 with the following roll call: AYES: COMMISSIONERS: Chavers, Gravdahl, Chair/Istik NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Leonard, Ortiz auzu agg JO •SUOTgoaSJ94UT auzu pagpnTpna ApngS gup-T-TPM TpubTS OT3Jp.zy aqg gpgg pagpgs nTq/aS •Apngs 4UEZz2M T2ubTs ai33QJy •K :ssaxisna azo •A aUON - avaxa7va imamoo •AI 'S66T 'CT ATnr UO uta -4T Ppuabp up se uoTSSTuzuzoO uOTgpgjodsupal pup oTggpis aqg ajojaq uiagt agg buTaq pTnOM 33p4s pagpgs nTq/SS •pa.z.znouoo UOTSSTMMOO aqs •UOT4POOT aqg gp MOT3 OTJJPJ4 aqg MaTAaJ og allTg a4PTjdoaddp up aq pTnOM gT gpgg pagsabbns ag •MOT3 OTJJPzq buTpapb9J SUOTSToap l9g4zn3 appuz A4TO aqg ajojaq autTg Jo poTjad P jog agP. ado pTnogs gT Mau SPM abpTjq aqq aOuTS gpgg papToap A4TO ags 'oTJJPJ4 aToTgaA AOuabJauaa Jog MoTTp og pagsabuoo oog auzooaq ggbTut abpTjq aqg gpgg paujaouoo SPM SUPJI TPO pup A4TO aqg pagPgs SJaAPgD/O 'aupT uang ggbTj aqg buTpipbag •guauzabPuPuz jaguao buTddogS aaguao auMos aqg og UJaOUOO sTq A9A000 TTTM 3JP4S •sjaguao buTddogs UT SubTs dogs jog algTsuodsaj you sT A4TO agg gpgg pagpgs nTZ/SS 'agnTO -JW og buTpuodsau •ppOg JapuT3g4Pd punoq gsaM 90 aouPJgua LS US aqg gP auPT UJng ggbTJ P 3o guauzaOPTd JO UOTgPa9pTSuoo pagsanbea ag • agPgsa TPag TTagapy pup xOPgS OTpPg uaaMgaq aoupaqua aqg gP sT ubTs auo pup xups u.aagsaM gpeaD oq aoupaqua aqg gP sT ubTs auO •aTgpppajun PUP papP3 ATatu9a4x9 9JP gPgg aaguao buTddogs jaqua0 allMOL aqg UTg4TM SubTs OMg 9JP aJagg pagPgS ag • s.zaguao buTddogs UTg4TM SubTs clogs 3o guauzaoPTd jog aTgTsuodsaj sT A4TO aqg jT paxsp 'aupq sbuTads uTpgunod LTZTZ 'agnTO bTPa' : ssxHKKOo oizand • III •UOTsSTuzuzo0 aqg oq xopq gjoda.z pup ubTs aqg MaTA9a TTTM 3JP4s gpgg papuodsaj nTq/gS •sauPT OTJJPJ4 OMg Jz q4o aqq uaaMgaq ST gT 'pPagsui •gaxood ujng pupg gjaT aqg J9AO you sT ubTs ujng puPq 49aT aqg JO guautaOPTd aqg p94POTPUT ag • p.zPAaTnog aPS puouzPTQ OguO auVa sbuTadS uapTOO ggJON u OaJ Uang 439T aATSSTuz.zad agg JOJ ubTs aqq PUP pPaq ggbTT aqg 90 guautaOPTd aqg gP xooT 33pgs gpgg pagsanbaJ TgPpAPaDO Z) :ssxaxxoo MOISSINNOD *II UOTSSTumtoo 111 Z abEa S66Z 'TT A81d June 8, 1995 Page 3 TST Commission intersections, five (5) intersections need to warrant a signal. A priority discussion purposes has been developed Priority Rank Intersection met the criteria list for as follows: 1 Diamond Bar Boulevard at Palomino Drive 2 Diamond Bar Boulevard at Goldrush Drive 3 Golden Springs Drive at Calbourne Drive 4 Golden Springs Drive at Racquet Club Road 5 Sunset Crossing Road at SR 57 on/off ramp This priority list has taken into consideration factors such as funding availability, partial sharing of cost by others, etc. For fiscal year 1995-1996, the City Council budged three (3) traffic signals at a cost of $125,000 each. In addition, the City is discussing Proposition C monies with the MTA. Proposition C funds are derived from the 1/2 percent sales tax adopted by the Los Angeles County voters in 1990. These monies must be used for transportation programs. Staff feels Diamond Bar Boulevard and Golden Springs Drive are major regional arterials which should qualify for the Proposition C funds. He pointed out that priority ranked project #5 at Sunset Crossing Road at SR 57 on/off ramp is totally funded by Cal Trans. This intersection was added to the warrant study as a result of numerous citizen requests. The warrant study may expedite the signal installation by Cal Trans. Staff recommends that the Traffic and Transportation Commission concur with the ranking priority for traffic signal installation. Joe Foust, Austin -Foust Associates, Inc., responding to C/Gravdahl, stated that there is a potential for traffic jam up at Diamond Bar Boulevard at the south SR 60 exit. To prevent this occurrence, traffic signals could be coordinated to provide an inside clearance. With regard to Diamond Bar Boulevard at Palomino Drive, C/Chavers stated the City receives many complaints about the cut -through traffic on Palomino Drive back into the residential neighborhood to the north of June 8, 1995 Page 4 T&T commission Gentle Springs Lane. In his estimation, protected phasing will be required at this location. Responding to C/Chavers, Mr. Foust stated that the potential impact to the Palomino Drive neighborhood traffic was not considered in the ranking study. The results were based strictly on the numbers and did not consider funding, public demand, public acceptance, and other data to be considered in the Commission's decision making process. SE/Liu stated that the warrant studies for traffic signals at the intersections of Palomino Drive at Ballena Drive and Palomino Drive at Platina Drive will be considered as a part of the Diamond Bar Boulevard at Palomino Drive upgrade. The neighborhood residents will be notified that this warrant study for stop signs is in response to the safety issues and not intended to be an intrusion into the area. C/Chavers stated that while he feels the Diamond Bar Boulevard at Palomino Drive priority ranking of #1 is appropriate, he feels that City Council should be aware this is a major solution which may involve considerably more than a $125,000 signal. He indicated the signal might cost as much as $300,000. In response to C/Chavers, SE/Liu stated that in accordance with the objectives of the Pomona Valley Traffic Forum and the City of Diamond Bar, all of the signals on Diamond Bar Boulevard into the City of Pomona will be synchronized. This priority will consider only a hard wire interconnect. The five year plan includes a monitoring control for Diamond Bar. This priority list will fit into the overall intent of the Diamond Bar Boulevard synchronization project. Any future signals installed along Diamond Bar Boulevard will fit into the Pomona Valley Traffic Forum project. The signal could be installed at the City's expense and the call for projects program would fund the interconnect project. C/Chavers suggested that it might make more sense to state that the signals will be installed at such time as the call for projects comes in and creates the interconnecting operation capability to organize the signals in a logical manner. SE/Liu responded that this project is within the budgetary range of the MTA and will be funded. However, he indicated he is unable 'Tgepnea0 'saanegO :suaHOISsiwKOD :s2AV :1 -(PO TToa buTMOTTOJ 9qq ggTM 0-£ p9Aoadde sem uol40M avi •aadOjanap aqq Aq ao3 peed uaaq aneg pjnoo Teubls aqq p94POTPUT ag •TTOunOD AgTo agg oq 4uasead 04 uot4TpUOD 81744 3o saauegsuznOaTO auq Main9a Jjegs geug pa4sabbns aH •aaaUTbua A4unOO ago Aq panteM aq pTnOO uolglpuoo sTg4 pue T94oH epe�ueg aqq ao3 Tenoadde 3o uot4tpuOO e SPA Teubls paenaTnog aeg PUOMPTQ pue aATJG OUTMOTed agg 3o uot4eTTe4sui geg4 p94e4s x?4sI/aTVg3 •pauxlgno se suagt snoznaad aqq 4091gaa 04 TTaunoo AgTO oq gaodaa 33egs aqq aslAaa PUP pa4uasaad se buixuea A4TaOTad a14q anoadde og T74epneao/O Aq papuooes pup sa9ne143/O Aq appm sem uolgom K •Teubts OTJJPJ4 e go uoTgonagsuoo ago g4Tm paemao3 BAOU ggbim Aagq gegq os sue -Ts, TPO oq uOT4aUlaOjUT apinoad o4 auop sem LS IdS 4e peog buls5010 gasuns ao3 Apn4s 4ueaaem ago !A4Tun4aoddo 4O9Coad aqq Aq auaoq aq pTnOO asuadxa geg4 '•aqa 'glnpuoo Aanq pup 409uuOOa94u1 TTe4sul 04 seg A410 agg JT 4eg4 gans aaggabo4 s4oaCoad omq ago azo pup spun3 sgoe[oad aoi TTeo s,vlw aqq ansand Ag10 aq4 4eg4 pup !a9g4oua auo 04 NIP4 saaTToa4UOO 9144 4eg4 os 40auuoaaaqu-t aaTM paeq e 9pnTOu1 burpunj aqq gegq !J9gg9bog sTeubts omg agg atq oq sueay TPO 144TM U014eUTpa000 Tn39aeO apnToul pTnogs s4103;a asOgq OATIG OUTUIOTea qe Teubls e 3o quamdoTanap aZTaoggne pup punj o4 sasoogo Ttouno0 A4TO auq uagM pue 3I •TTOunOD AgZO 04 uot4epu9uzutoaaa sot UT antao OUTUXOTed butpaebaa squamagegs aqq apnTout oq j3egs 40ea1P uotsslMMOD aqq gegq pagsabbns sa9neg3/3 •sTeTaagae a0cpm 5,A4TO auq buoTe sTeubls aan4n3 aaggo Tejanas pue UOTgeZTIPUbTS ao3 suozgpooT 9A1j paxuea A4Taolad asa744 punj oq pasn aq uvo satuom asagq gegq vlw oq anoad oq sasodoad j3egs 'queoTjTubis ATTeuotbaa aae aATaa sbuladS uapToO pup paenaTnog aeg puouzeTC asneoaq pup 9jgeT4ene satuouz O uot4Tsodoad go 4unouze aTgeaaptsuoo e s1 aaagy -M94sAs Teuotbaa TTeaano ago 04UT 4T3 AT84P= 41n pTnom A9g4 8Outs sTeubls ut buz44nd ulbaq pTnoo aeg puompiG 3o Ag1D aqz, •euoutod go A410 aqq go sgao3je OATgeaad000 ago 59ATOAUT pup aTgeTtsne st AeUOUI ago eaojaq saeaA omg aq pTnOO 41 •amiq aqq agelquegsgns oq uotssituiuo0 111 s abEd 5661 'S sunt June 8, 1995 Page 6 TAT Commission NOES: ABSTAIN: ABSENT: COMMISSIONERS; COMMISSIONERS: COMMISSIONERS: Chair Istik None None Leonard, Ortiz B. City Attorney's response to Vehicle Code Section 40802. SE/Liu stated the City Attorney had been requested to respond to whether a City street could be a local street when it is interrupted every 1/2 mile by a traffic control device other than a traffic signal. The City Attorney's position is that there is an ambiguity. Sgt. Rawlings stated that Pomona Traffic Commissioner, Mark Lauper, indicated that, in his opinion, a traffic signal is not the only thing that constitutes an interruption. However, a stop sign is definitely an interruption. In addition, in some cases, cross streets may be considered interruptions. Commissioner Ortiz arrived at 6:46 p.m. SE/Liu stated that with this understanding from the Pomona Court, the City will move the matter forward to the City Council in July with the Traffic and Transportation recommendations. Chair/Istik indicated the information provided to the City Council from the Commission should be consistent with the original motion approximately 10 months ago. In response to C/Chavers, he indicated the motion was to bring the four streets in the City that are now posted at 30 MPH and the two streets that were proposed to be posted at 30 MPH based on the 1994 speed survey, to the 25 MPH prima facia if they met the criteria of a double loaded residential street with a traffic control device 1/2 mile or less. Because the streets had to be called a residential and not a residential collector, the City Manager was holding this item in abeyance until the General Plan was approved. C/Chavers reiterated that the action the Commission is reinforcing, as a result of this information, is to reduce the speed limits on certain streets. June 8, 1995 Page 7 TAT Commission Chair/Istik responded that this is correct. Chair/Istik made a motion to reinforce the previous action on this matter. Mr. Clute stated he is concerned about the recommendation. He indicated that SE/Liu had indicated a potential problem with a reduction of the speed limit to 25 MPH on Fountain Springs Lane since the speed study shows an 85 percent/40 MPH. He wanted to know what would happen if a speeding ticket was written under these circumstances. Chair/Istik responded this report would drop the speed to 25 MPH if, on Fountain Springs Lane, there was an additional stop sign. However, there is no action being taken to add a stop sign. Mr. Clute stated his understanding that a stop sign on Fountain Springs Lane would not be necessary to reduce the speed limit to 25 MPH. However, stop signs would be needed for Kiowa Crest Drive and Palomino Drive. SE/Liu stated certain streets meet the current definition of a local street, i.e., Fountain Springs Lane. These streets do not require the City to conduct a speed zone survey study. The Sheriff's Department can enforce the speed limit with a radar gun. In order for enforcement to take place on Kiowa Crest Drive and - Palomino Drive, an enforcement device will have to be installed. The Traffic and Transportation Commission has made it very clear that they want the local streets speed limit reduced to 25 MPH prima facia. The recommendation will go before the City Council in July. The final decision will be made by the City Council. With respect to enforcement, if the Sheriff's Department issues a ticket based upon the 25 MPH speed limit, the recipient could challenge the ticket since the speed zone survey data reflects that 85 percent of the traffic moves at 40 MPH. The matter would be resolved by the Pomona Traffic Court which has jurisdiction for this area. C/Chavers seconded Chair/Istik's motion to reinforce the Traffic and Transportation Commission request to City Council to adopt the 25 MPH speed limit on the designated streets and to pursue the 25 MPH speed limit on the streets that have excessive length through the investigation of stop sign warrants. The motion was approved 4-0 with the following roll call: June 8, 1995 Page 8 T&T commission AYES: NOES: ABSTAIN: ABSENT: VI. NEW BUSINESS COMMISSIONERS: Chair/Istik, Chavers, Gravdahl, Ortiz COMMISSIONERS: None COMMISSIONERS: None COMMISSIONERS: Leonard A. Request by Lorbeer and Unloading, 7:00 southbound Diamond school. Middle School to install "Loading a.m. to 6:00 p.m." signs on Bar Boulevard, in front of the AA/Aberra stated that in November, 1991, the Traffic and Transportation Commission reviewed concerns experienced at Lorbeer Middle School. Recently the school has contacted the City requested "Loading and Unloading" signs. This request is based upon their desire to allow parents to legally pick up and drop off students on southbound Diamond Bar Boulevard. The 1991 review determined that parents were making illegal U- turns, crossing travel lanes and impacting bicycle lanes. In staff's opinion, if parking is allowed in front of Lorbeer Middle School, motorists in the area will experience similar issues. Parents can use the semi -circle in front of the school for drop-off and pick-up. In addition, there is parking available in the semi -circle area and at the lower -level close to the basketball courts. Staff advises against the installation of "Loading and Unloading, 7:00 a.m. and 6:00 p.m." signs along southbound Diamond Bar Boulevard, in front of Lorbeer Middle School. The area in front of the school is congested during school hours and impacts traffic circulation in the area. With regard to allowing parking on southbound Diamond Bar Boulevard after 6:00 p.m., staff recommends that Lorbeer Middle School utilize their existing parking spaces in the semi- circular driveway as well as the basketball court located at the lower -level of the school. AA/Aberra stated she contacted the principal of Lorbeer June 8, 1995 Page 9 T&T Commission Middle School to advise her of the meeting. C/Ortiz stated there have always been problems at the school. He indicated he sees the area as unsafe for a "Loading and Unloading" zone. C/Chavers stated he concurs with C/Ortiz and made a motion to accept staff's recommendations for denial. The motion was seconded by Chair/Istik. The motion was approved unanimously with the following roll call: AYES: COMMISSIONERS: Chavers, Chair/Istik, Gravdahl, Ortiz NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Leonard VII. STATUS OF PREVIOUS ACTION ITEM - None VIII. ITEMS FROM COMMISSIONERS: C/Chavers asked staff to bring information regarding parking of vehicles on lots or in front of lots, driveways, on yards, etc. located in the Property Maintenance Ordinance as an agenda item for July. SE/Liu responded that the information would be provided for the July meeting. IX. ITEMS FROM STAFF - None X. INFORMATIONAL ITEMS: SE/Liu stated one of the agenda items for the June 13 City Council meeting will be the Grand Avenue street rehabilitation and traffic synchronization project. The Council will consider the construction contract award to the low bidder, Gentry Brothers. The 90 calendar day project is scheduled to beginning immediately after the July 4 weekend. The plan calls for new streets, signal synchronization, and the widening of the intersections at Grand Avenue at Diamond Bar Boulevard and Grand Avenue at Golden Springs Drive. XI. ADJOURNMENT 18n91 aqq 3o squapTsaa aqq moaj xosgpaaj uTeb oq gdmagqle oq pup dogsXaoM 4saT3 aqq qe paquasaad sanssi aqq acaojuTaa oq squapTsaa aqq og quas seM aaTleuuoTgsanb puooas K •uoTssas aqq puagge oq algeun sem 'aaqunH aTTagoTN 'aaaqunlon paTgq v •ssoa0 pas pule agnTO bTleaO 'saaaqunloA quepTsea OMq ggTM qau sageTOOSSV SXG '966T '£T TTadv P1aq dogsxaom 4saT3 aqq oq quanbasgnS •oT33leaq XOnaq pule OT3jeaq gbnoagq -4M aaaM SanssT buTuTleUaa aqy •OTJJleaq ToogOs pule buTpaads puTgaq paXulea paTgq sem 'sanSST aassal Jo saTaas a ST gaTgM „aaggo,, AaobagleO aqs •pauangaa aaaM 09 ATageUlTxoadde 'qno quas saaTleuuOTgsanb 009 aqq 30 •passaapple pagSTM Aagq sanssz go SadAq aqq uo sMaTn 4TOTTOS oq aapao UT sguaptsaa aqq oq quas seM aaTleuuoTgsanb e p94POTPUT aH •eglep agq oq buTgleTaa sgdeab Tleaanas paquasead aH •Oqa 'saTOTgan go aaguinu 'paeds oq buTgelaa eglep OT33lea4 buTgOaTTOO Aq pageTgTuT seM Apnqs aqq pagegs 'sagleTOOSsV SNO 'asOTO qog •aauuem OTgemagsAs le UT SMBTgoad paT3TquepT aqq anTosaa oq uleTd quaulableueN OT�Jeas aTOTgaA e dOTanap pue :uiaTgoad aqq 3o asneo pule aangeu 'uoTgeOOT OTjTOads aqq A;TguapT oq gdmag42 :bUTXaled PUP 'buTpaads 'OT33eaq gbnoagq-qno s2 gons smalgoad pagleTaa OT33ea4 aqg AjTquapI :ApngS quauableuleN OT;fleas poogaogqbTaH aqq aoj qas uaaq anleq sleob aaags •UOTgse3 OTgemagsAs e UT pule aTogm le Se leaale aqg Ssaapple oq gseq aq P1nOm qT gTaJ uoTssTMUIoO uoTglegaodsuleas pule OTJJeas aqg 'STsleq aseO-Aq -asvo a uo suaaOuoo s,quapTsaa gOea buTssaappe uegq aaggeg •pleog uoAuleO eaag pule paenalnog aeg puoUIeTQ 'pleog aapuT3ggled Aq papunoq Peale aqq UT smaTgoad OTJ3ea4 snOTalen aqq anlosaa ao agebT4TU1 oq gsanbaa squapTsaa aqg oq esuodsaa le sT Apngs 4uaU1ableueH OT33eay poogaogqbTaH aqq glegg pagegs nTZ/aS •Z# dogsxaoM :Apngs quemebeuvx ai33eay poogzoggbTem •y 'm•d OT:L qe aapao oq buTgaaM OTTgnd aqq paTTeO XTgSI/aTEgD :oNIZ33N Di7and 'IIx 'm•d SO:L qle pauanOCple buTgaau aeTnbaa aqq paaeTOap XTgsI uemaTvgD uoTssTVIMOD 111 OT abed S66T •s eunr June 8, 1995 Page 11 T&T Commission of acceptance of some of the potential solutions. The second questionnaire resulted in the following ranking beginning with the most important issue: 1) speeding 2) school traffic 3) cut -through traffic 4) parking violations. The "other" issues include narrow streets and curves, signal timing at Cold Springs Lane and Diamond Bar Boulevard, commercial traffic, Brea Canyon Road traffic and trucks, and a stop sign at Evergreen Springs Drive and Sunbright Drive. The second part of the questionnaire looked at a series of potential solutions and resident's rating as to their acceptability. The ranking of "Most Acceptable Solution in Neighborhood" includes: 1) Stop signs 2) Reduce Speed Limit to 25 MPH 3) Restrict on -street parking 4) Street diverters 5) Reduce street width at intersection 6) One-way streets 7) Street closures. With respect to speeding, residents assumed the current speed limit was okay; they wanted the speed limit enforced. The basic comment was that the residents could see the value of the more restrictive items. However, they also viewed these solutions as self - restricting. He indicated their study indicates that stops signs for Fountain Springs Road at Castle Rock Road and Cold Springs Lane at Castle Rock Road are close to being warranted. An additional study will be necessary to put the warrant down for these locations. As an interim solutions the high school could add "No -Parking" signs and red curbs. The primary problem at Evergreen Springs Elementary School is the p.m.. rush hour. There appears to be an opportunity for the school to park their buses in a different location which would allow additional traffic to flow through the parking lot and reduce some of the congestion. The traffic is not as severe at the Castle Rock School. Therefore, the recommendation is to maintain the current status and continue monitoring the location. As a result of the investigation, certain preliminary improvements are proposed. The proposed solutions are not expensive and could control many of the neighborhood problems. After a period of time, the City could conduct a followup workshop, conduct speed studies, or send out another questionnaire to determine if the solutions have resulted in improvement and whether additional solutions are deemed necessary or advisable. If the survey indicates the situation has not improved, the recommendation would be to incorporate the more restrictive solutions. These more restrictive solutions would require resident's acceptance and engineering studies for feasibility. June 8, 1995 Page 12 T&T Commission With respect to the cut -through traffic, DKS Associates recommends weight limit signs on the Fountain Springs Lane and Brea Canyon Road. There are currently weight limit signs on Cold Springs Lane. In addition, it is contemplated that the addition of the stop signs on Fountain Springs Road and Cold Springs Lane at Castlerock Road would deter truck traffic. It appears that the sole purpose of a large percentage of truck traffic on Fountain Springs Lane is to enter the commercial site. Therefore, the recommendation is that the driveway from the commercial center onto Fountain Springs Lane be restricted to a right -out only with no right or left turn in. Regarding parked vehicles, DKS Associates recommends that the City review the individual complaints to determine if there is a resolution from a traffic or enforcement standpoint. Since restricted parking is unacceptable to the residents, the narrow streets may have to continue as they are presently developed. It is possible that double yellow lines may, to some degree, control the traffic on tight corners. We recommend that the City check the traffic signal at Cold Springs Lane and Diamond Bar Boulevard to determine if it is functioning properly. There is a current plan in place by the City for improvement of Brea Canyon Road which is outside the parameters of the DKS Associates study. Regarding a stop sign at Evergreen Springs Drive and Sunbright Drive, DKS Associates suggests this be reviewed for a warrant. The final recommendation by DKS Associates is to re-evaluate the effect of the proposed recommendations at some future date with the neighborhood residents. If the preliminary solutions are not working, the more restrictive solutions could be implemented. With the current information available and additional input from the volunteer committee, DKS Associates will prepare a draft final report for presentation to the Planning Commission in July. Responding to C/Chavers, Mario Sanchez stated that the data compiled from Fountain Springs Lane and Castlerock Road meets the warrant based on the 40 MPH, 85 percentile speed. If the speed limit is reduced, the data will not meet the warrant. Chair/Istik declared the public hearing open. June 8, 1995 Page 13 T&T Commission Craig Clute, 21217 Fountain Springs Lane, indicated he does not hear enough about cut -through traffic and to him it is most of the problem for the area. It may be a combination of school traffic and through traffic. He feels the traffic count has been understated and offered the Commission a video tape to prove his theory. He questioned the need for a warrant to place a four-way stop sign. He stated he sees no reason that there should be a four-way stop at Armitos Place and Darrin Drive, or a three-way stop at Armitos Place and Bowcreek Road if the warrant was needed. It seems to him the purpose of these stop signs were speed breaks. He also indicated he feels there are other places in the City where stop signs are used to break the speed of traffic. He stated he is concerned with the increase in traffic at the Country Hills Towne Center with the addition of American Automobile Association. If the Hacienda Heights office is closed, the traffic will increase significantly and the vehicles will use Fountain Springs Lane and Cold Springs Lane as cut -through streets to the center. Mr. Clute continued that a preliminary recommendation is a grand start but it requires enforcement. In speaking with Sgt. Rawlings and others it appears there is a poor attitude with respect to enforcement. He indicated one officer had stated he did not believe 40 miles per hour was a problem on Fountain Springs Lane. Signs can be installed but if there is no enforcement they will not be effective. He recommended changing the weight limit signs on Cold Springs Lane to indicate "No Commercial Trucks 3,000 pounds or over". A double yellow line does not work as it is intended. While he is not in favor of Botts dots, he feels they would be a more effective deterrent than yellow lines. A right -turn -lane only onto Fountain Springs Lane from the Country Hills Towne Center is good. However, there is enough room for a U-turn from the exit prior to reaching Diamond Bar Boulevard. He indicated he would prefer to have the Fountain Springs Lane ingress/egress closed to all traffic except emergency vehicles. Earl Cox, 3051 Crooked Creek Drive, stated he has complaints that were not addressed by survey. He indicated he is in complete agreement that Fountain Springs Lane and Cold Springs Lane have the greatest share of problems in the neighborhood. In his opinion, people are speeding because they are using the streets as a cut -through. He stated the SR 57 south exit at Brea Canyon Cutoff Road is a very difficult left turn intersection. He suggested that by June 8, 1995 Page 14 T&T commission installing a traffic light signal at the intersection, much of the cut -through traffic could be eliminated because it would make it easier for vehicles traveling to the shopping center to use the proper exit to put them onto Diamond Bar Boulevard. He encouraged the installation of 25 MPH signs and enforcement of the designated speed limit. Responding to C/Chavers, Mr. Cox stated that speeding on Crooked Creek Road is an issue for him. However, he feels the bigger problems should be addressed first. Linda Muchelvane, 2904 Crooked Creek Drive, spoke about an accident which involved the utility pole on the corner of Castle Rock Road and Crooked Creek Drive. She indicated the officers investigating the accident told her there was no warrant for a stop sign at that location. She stated she feels a stop sign is necessary to prevent accidents at this intersection. In addition, she is concerned for the safety of her children and other children in the neighborhood. She suggested the Senior Citizens patrol could patrol the intersection and be a deterrent to the traffic. Responding to Linda Muchelvane, Mr. Sanchez stated that a warrant is a nationally recognized guideline outlined in the Manual of Uniform Control Devises or through Cal Trans. There are specific guidelines and thresholds that warrant a particular stop signs. For instance, for a stop sign there needs to be a minimum threshold of traffic volumes to meet the warrants. The warrants are based on studies conducted nationwide. For a multi -stop sign warrant, it is necessary that at least 500 vehicles enter a particular intersection per any eight hours of any given day and for five accidents to have occurred per any 12 month period. C/Chavers stated that while warrants have been referred to as guidelines standards and are not ordinances or codified, they are held as a standard of practice. For an agency to install a devise that has not met a commonly accepted warrant causes the agency to incur a certain amount of risk. For example, if a stop sign is installed without having met warrants that the engineering community generally agrees upon and someone is injured at that stop sign, an attorney can say that stop sign should not have been installed at that location. Therefore, the agency is at fault for the accident. As a result, agencies must use extreme care in applying these guidelines to stop sign installation. June 8, 1995 Page 15 T&T commission Chair/Istik stated some people are under the impression that there are stop signs put up at every intersection where a child crosses the street. It is difficult to say no. However, the answer is that the warrant study is done and it indicates whether there is sufficient volume on the street to justify a stop sign. If there is a stop sign at every location requested there would be so many stop signs that drivers might start running them. The idea is, in his opinion, to be frugal and install the stop signs where they are most needed. Hence, the warrant study, so that when people see stop signs they generally will stop. Jacqueline Wolf, Manager, Country Hills Towne Center, stated she appreciates the responses from the individuals who are pleased to see that the center is bringing in new tenants. In the interest of being good neighbors, the center is concerned about the safety and the traffic through the neighborhoods. She indicated she would like to have additional information about the request for a right -turn - only exit from the center onto Fountain Springs Lane. Her recollection of the conversation with Mr. Sanchez was that the center would not lose the ingress on Fountain Springs Lane. The center has had a difficult time economically and would need to investigate this matter more fully to determine the impact to the tenants. In response to Ms. Wolf, Mr. Sanchez stated that DKS Associates recommends commercial vehicles use the Diamond Bar Boulevard ingress/egress in lieu of the Fountain Springs Lane ingress/egress. Ms. Wolf requested a study to determine how this change would impact circulation within the center since the center. Because the center is below grade, she requested to know if this would be a safety issue for the truck traffic. Chair/Istik asked how the right -turn -only egress to Fountain Springs Lane would effect the businesses. Ms. Wolf responded that right turns out of the center would be more positive than an ingress only restriction. She indicated she would like to circulate this proposal to some of the tenants of the center for the response. Responding to Chair/Istik Ms. Wolf stated she did not know what impact the restriction of traffic turning right from Fountain Springs Lane into the center would have on the business. Chair/Istik stated the Neighborhood Traffic Management Study began as a result of a resident who came to several meetings of the Traffic and Transportation Commission to express his concerns about the truck traffic on Fountain Springs Lane June 8, 1995 Page 16 T&T commission and a perceived cut -through from the high school and other areas. Some residents of Fountain Springs Lane are concerned about the safety of living on the street. He asked that when the center looks at how the proposed changes impact the businesses to please also consider the safety of the neighborhood due to the speed and volume of the traffic. C/Chavers asked when the center was expanded if, as a part of the site development, there were evaluations of how the truck traffic would enter and exit the site. He requested a copy of the site plans for review by the Commission. Typically, when there is a large grocery store in a center, there is a designated pattern for the parking lot and the parking lot is designed to accommodate trucks entering and leaving the center. If the truck access pattern had relied on Cold Springs Lane and the pavement cross section was never constructed suitable to hold trucks then there is a problem. Although the Neighborhood Traffic Management Study is not designed to address design. However, the City needs to consider the consequences of the design. Chair/Istik stated if the good design was not provided it would be no reason to consider changing a recommendation of how the center was designed. The Commission is not attempting to justify the center's design, it is looking at a possible change. He indicated he is also concerned that the study should include the conditions of approval of the Conditional Use Permit and the Parcel Map under which the center operates. During the April 13 meeting of the Neighborhood Traffic Management Study there was discussion of a driveway restriction being a part of the Tentative Parcel Map or the Conditional Use Permit. Mr. Close responded his firm would investigate the matter and report back to the Commission. Patty Durkee, 2516 Castle Rock Road, stated she lives three properties from Evergreen Springs Elementary School. She indicated she did not see any proposed solutions for Evergreen Springs Drive except for the comments that were made regarding Sunbright Drive. She stated she has a concern regarding the point at which Evergreen Springs Drive turns into Castle Rock Road at the Evergreen Springs Elementary School. The vehicle speed around the corner are much higher than the curve allows. Cars often go up over the curb on the opposite side of the street. She indicated the house directly across the street has been hit twice, once into the den and once into the bedroom. They have June 8, 1995 Page 17 T&T Commission replaced their block wall and actually increased the height because the cars were coming over the block wall and hitting their house. There were two additional accidents where vehicles hit the block wall and knocked it down. Coming down Evergreen Springs Drive past the elementary school, the curve is blind. It is very difficult for the residents to get in and out of their driveways. She stated she is constantly concerned that while backing out of her driveway a car will come around the curve and hit her because the vehicles do not slow down. While there is a caution sign at the school there is no sign to advise motorists that they are approaching a curve and the sign is bent from cars running into it. In her opinion, there have been several single car accidents which tend not to be reported. She stated it is a real concern to her that something be done, if possible, to decrease the speed on Evergreen Springs Drive. She does not believe that reducing the speed limit will be a deterrent because the hill coming from Pathfinder Road toward Castle Rock Road is very steep. A stop sign will may reduce the speed to some degree. However, her concern is that the vehicles will increase speed by the time they reach the curve. At the very least, if a stop sign cannot be put in at the location, a sign indicating there is a curve ahead with a warning that 15 MPH (or whatever MPH the City determines) is the maximum safe speed should be installed at the site. Ms. Muchelvane stated that the motorist who hit her house was not a neighborhood resident. He lives on the other side of Diamond Bar Boulevard and was using her street as a cut - through. Mr. Close stated DKS Associates has been concentrating on' four-way stops at the intersections of Fountain Springs Road and Cold Springs Lane at Castle Rock Road. He indicated the City may wish to consider two-way stops at the intersection which have different criteria. He further stated DKS Associates will consider curve signage to include speed reduction. Responding to Chair/Istik, Mr. Close stated this process will lead to a final report which will be turned in to the City. The report will include measures to continue monitoring the situation and future steps which can be implemented. Grace Kuo, 2632 Castle Rock Road, stated that two years ago June 8, 1996 Page 18 T&T commission there was a water hydrant on Fountain Springs Lane at Castle Rock Road. The hydrant was hit by a car which prevented it from hitting her home. Because of the accident, the water hydrant was relocated on Castle Rock Road. There have been some major car accidents at that intersection in the early hours of the morning. C/Chavers stated he takes professional exception to the statements that stop signs reduce speed. Historically, stop signs do not control speed. When drivers perceive stop signs as an annoyance, they jack rabbit start away from the stop sign and are back up to the speed they were travelling whether the stop sign was there or not. In most cases, having a stop sign in a location that is perceived by a driver as an annoyance does not reduce speed and there is more noise generated because of the acceleration and deceleration. He indicated that the residents should not expect great things from stop signs in terms of speed control. With respect to the double yellow lines, the City must be cautious of the street width. Subtracting two eight foot lanes for parking from a 30 foot wide street leaves 14 feet for traffic. By adding a center line the traffic lanes are reduced to seven feet which is inadequate. The stop signs on Armitos Place at Darrin Drive and Bowcreek Drive were installed as part of the Subdivision Map under the authority of the County of Los Angeles, Department of Public Works. They were designed into the subdivision and have never met warrants. Because the stop signs are there, they are difficult to remove. His response is that because several stops signs were done incorrectly does not mean that the City wants to repeat the problem. C/Chavers continued that, although Brea Canyon Road is outside the scope of the DKS Associates study, he sees the street as part of the solution to the neighborhood traffic problem. He suggested that two lanes could be put in along the westerly side of Diamond Bar High School and diagonal parking could be put in along one curb. This solution could reduce some of the parking need on Evergreen Springs Drive and other streets as well. He requested that staff assist with language regarding Brea Canyon Road which could be inserted into the DKS Associates report. In his opinion, the preliminary recommendations by DKS Associates are solid. He has concerns regarding the warranting of stop signs immediately prior to reduction of the speed limit. The key is enforcement and he encouraged the neighborhood to consider making a more serious commitment toward the self- June 8, 1995 Page 19 TAT Commission enforcing permanent solutions. He indicated he does not see the traffic problems going away with the installation of stop signs. He would like to see physical barriers as long- term solutions. Chair/Istik stated that his concern with traffic barriers is that they might have a negative effect on real estate values. Responding to C/Gravdahl, Mr. Sanchez stated there are currently no warning signs in the area for the 90 degree curves. The City could place warning signs as requested because there is no warrant needed for such signs. Mr. Close added that DKS Associates will investigate the feasibility of warning and maximum speed signs for curves in the study area. The final report from DKS Associates is proposed to be on the agenda for the July 13 Traffic and Transportation Commission. In response to C/Gravdahl, SE/Liu stated the issue of the 25 MPH prima facia is a policy decision that must be made at the City Council level. C/Gravdahl suggested that the speed limit on Fountain Springs Lane and Cold Springs Lane could be reduced immediately and stop signs could be installed at the Fountain Springs Lane and Cold Springs Land at Castle Rock Road intersections. The City could then monitor the effects of these implementations prior to fine tuning the study. C/Chavers stated the implementation should not be confused with the implementation guide. The traffic study may contain a number of recommendations. Some of the recommendations may be implemented and some may not be implemented. Certain recommendations may be implemented prior to the completion of the study. In his opinion, confusion will be created by attempting to implement certain solutions and then tailoring the study. He indicated the study should stand on its own merit. If the speed limits are reduced by City Council as a response to recommendations by this Commission, the solution is implemented. He reiterated to the residents that during the regular meeting of the Commission held prior to the workshop, the Commission again requested the City Council to drop the speed limits to 25 MPH prima facia on Fountain Springs Lane and Cold Springs Lane. They are residential streets and the Commission believes the speed should be 25 MPH. This issue is June 8, 1995 Page 20 TAT commission irrespective of the Pomona Traffic Court Commissioner's ruling. If the City Council approves the speed reduction, then the City will be in a position of determining what will be done with the four-way stop warrants that cannot be met. Because many neighborhood residents have requested four-way stops, the City will need to consider alternatives. The study will provide a range of implementation measures for a series of conditions. As a group these implementation measures will be revisited on a timely basis. Mr. Close responded to Chair/Istik that the report is not intended to propose an implementation schedule. DKS Associates could include an implementation schedule if so directed by the Commission. Responding to Chair/Istik, C/Chavers stated he envisions the Commission will study the final report from DKS Associates. Recommendations from the Traffic and Transportation Commission and the neighborhood residents being forwarded to City Council. City Council will then make the final determination regarding any approval of funding and implementation of proposed solutions. Mr. Close agreed with C/Chavers and added that the study would also include estimated costs for implementation of the proposed solutions. Mr. Close stated that this workshop was envisioned to follow-up the first workshop and the second survey. The more restrictive solutions that were proposed during the first workshop have met with resistance from the residents. Therefore, DKS Associates has used this workshop to discuss less intrusive solutions. Chair/Istik stated it should be made clear that a study will not be conducted for study sake only. The study needs to lead to timely implementation. Part of the approval of the study could be the recommendation for implementation of certain solutions, especially for purposes of safety. C/Chavers stated that he would expect the final approval of the report would contain recommendations for implementation to the City Council. In response to C/Gravdahl, C/Chavers stated that the issues of stop signs and reduced speed are mutually exclusive. The City cannot reduce the speed and install stop signs. The Commission has previously determined to move forward with June 8, 1995 Page 21 T&T Commission the recommendation to the City Council to reduce the speed. Mr. Clute stated there are numerous small accidents that go unreported and therefore, are not included in the warrant study. He further stated when a four-way stop went in at Brea Canyon Road and Cold Springs Lane, every person he interviewed in the area commented that the stops signs dramatically slowed the traffic on Brea Canyon. He indicated he is told over and over that stop signs do not work. However, it is the perception of the neighborhood residents that stop signs do work to deter traffic. He has noticed he is personally driving slower as a result of the stop signs. He believes the stop signs will work in the rest of the neighborhood. He stated he would like to see the more restrictive plan as a part of this study. In his opinion, measures beyond stop signs will be needed in the long term. Although he is concerned with a timely implementation of solutions, he indicated he would rather take the time to include information from the Country Hills Towne Center even if it means pushing the report back one month. He stated he believes the center is a significant part of the traffic problem in the area. In addition, the six traffic lanes entering the center on Diamond Bar Boulevard should be more than sufficient to handle all truck traffic and he believes that was the original intent of the approved development. C/Chavers requested that the DKS Associates study include the traffic flow and truck access information for the center. The study should make the point that this is an issue. Part of the implementation strategy will be to review and resolve this issue. He encouraged the consultants to not let this issue delay completion of the study and final report. Mr. Close, responding to Chair/Istik, stated the proposal for the Country Hills Towne Center driveway located on Fountain Springs Lane is for a right -out only. Chair/Istik suggested that if the study is adopted and implemented and results in the loss of benefit, the shopping center representatives could ask the City for some compensatory consideration. Mr. Cox stated he believes there should be a symbiotic relationship between the shopping center and the residents. He is concerned with the vacancies. However, he does not believe it is good to have truck traffic in the residential June 8, 1995 Page 22 T&T commission areas. He further stated he has visited cities which utilize traffic diverters. He does not believe the diverters would adversely affect the property values. In fact, he believes that, just as they have benefited new subdivisions, they would be a positive impact to the neighborhood and would increase property values. He asked what legal action would be required and what the difficulty would be in the installation of diverters. Mr. Close responded that would need to conduct an investigation to see if any legal action might be required. Responding to Mr. Cox, SE/Liu stated that there are no legal constraints for the implementation of physical barriers. However, the proposal would be presented to City Council as a Capital Improvement Program. SE/Istik asked if there were any residents who wished to participate in the study. He indicated that when the steering committee and DKS Associates have completed the draft study, the information will be brought back to the Traffic and Transportation Commission for final review. The neighborhood residents will be notified by mail of the meeting date which will most likely be in August. C/Chavers requested that staff bring information to the Traffic and Transportation for the August meeting regarding the process for the Capital Improvement Project. The residents need to understand that, as the report goes away, there are steps that must be followed. SE/Liu responded that he would provide the information during the scheduled workshop. SE/Liu, responding to Chair/Istik, stated the City has reserve funds available. Any expenditure of funds on behalf of the City would have to be approved at the City Council level. The City's priorities are the rehabilitation of the arterials and the completion of approved traffic control improvements. Chair/Istik thanked the participants and invited the residents to attend the July 13, 1995 Traffic and Transportation meeting. Chair/Istik declared the Neighborhood Traffic Management Study Workshop #2 adjourned at 8:43 p.m. Respectfully, UPMaTeu0 TT4SI NOW NT4SI TOPE /S/ :gsagqv Aapgaaaag nTZ '9 pTAPG nTZ -9 pTAPa /S/ UOTSSTMMOD ygy sz abud S66T I8 aunr „TgepAPaD UOG 'noA xupgl •goe[gns go pua 'op og buTob aaP aM gegM ST STgg 'goPJ UT Pup Teap paTap pua qno P seM sTgg gain. 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APPROVAL OF MINUTES: 1. Meeting of June 8, 1995 Sgt. Rawlings stated that Paragraph 2, Page 6, B., should be corrected to read as follows: "Sgt. Rawlings stated that Pomona Traffic Commissioner, Mark Lauper, indicated that, in his opinion, a traffic signal is not the only thing that constitutes an interruption. However, a stop sign is also definitely an interruption. In addition, in some cases, cross streets may be considered interruptions." Regarding Page 14, third paragraph, first sentence, Chair Istik requested that "he has always been" be corrected to "that some people are" so that the sentence reads: "Chair/Istik stated that some people are under the impression that there are stop signs put up at every intersection where a child crosses the street." A motion was made by C/Chavers and seconded by Chair/Istik to approve the minutes as amended. The motion was approved 2-0 with the following roll call: AYES: COMMISSIONERS: Chavers, Chair/Istik NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Leonard ABSENT: COMMISSIONERS: Ortiz, Gravdahl SE/Liu stated that 25 MPH Prima Facia matter is on the July 25, 1995 agenda for the City Council. Chair/Istik requested a copy of the staff report for each Commissioner. SE/Liu responded that report would be mailed to the Commissioners on Friday, July 14, 1995. II. COMMISSION COMMENTS - None III. PUBLIC COMMENTS: Craig Clute, 21217 Fountain Springs Lane, stated he is concerned that cars are parked in front of St. Denis church on Sunday in front of "No-Parking/No-Stopping" signs. In July 13, 1995 Page 3 T&T Commission his opinion, if the City has granted permission for Sunday parking for the churches on Diamond Bar Boulevard, the signs should be covered. He further stated he would like to see parking enforcement or removal of the parking restriction signs on eastbound Pathfinder Road between the SR 57 and Brea Canyon Road. Regarding Brea Canyon Road south of Diamond Bar Boulevard southerly to the City limits, the posted speed sign states "End 50 MPH Zone". Approaching the City northerly, the sign states 1150 MPH Speed Limit". In his opinion, the signs should be reversed or corrected. Mr. Clute asked why the Traffic and Transportation Commission did not review the AAA Automobile Club of Southern California (AAA) purchase of the building in the Country Hills Towne Center. In his opinion, this business would have a significant impact on the traffic flow to and from the Center and should have been reviewed by the Commission. Chair/Istik, responding to Mr. Clute, stated that very few items come before the Traffic and Transportation Commission. The items reviewed by the Commission include bike lanes, adding a traffic lane, striping, elimination of "No -Parking" signs and matters of this nature. Development projects are reviewed by the Planning Commission and recommendations are made to the City Council. The Planning Commission or City Council may refer a matter to the Traffic and Transportation at its discretion. C/Chavers stated the City has a legal obligation to respond to a land use application within a certain time frame. Scheduling a response within the time frame only allows for the Planning Commission and City Council to deal with the issue. Land use applications would not be automatically referred to the Traffic and Transportation Commission and would only be referred to this Commission at the discretion of the Planning Commission or City Council. He indicated he is aware of only two or three land use items which have been referred to the Commission in the past five years. The Traffic and Transportation Commission has, on a number of occasions, asked to be included even as informational items. This Commission was never provided any information regarding the AAA purchase of the building and any potential traffic related issues. 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ORDER: Chairman Istik called the meeting to order at 7:00 p.m. at the South Coast Air Quality Management District (SCAQMD) Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Gravdahl. ROLL CALL: Commissioners: Chairman Istik, Vice Chairman Leonard, Gravdahl Absent: Commissioner Ortiz Staff: Senior Engineer, David Liu; Administrative Assistant, Tseday Aberra; Consultant Engineer Michael Myers; Sergeant Rawlings; and Recording Secretary, Carol Dennis Chair/Istik stated that Commissioner Ortiz would be absent and excused from the meeting. Chair/Istik requested that the Traffic and Transportation Commission dispense with the stated meeting Agenda and begin with the Neighborhood Traffic Management Study. The Commission concurred. V. OLD BUSINESS: A. Neighborhood Traffic Management Study. Chair/Istik declared the public comments open. Craig Clute, 21217 Fountain Springs Road, stated that although he had not read the report in detail, it appears that most of the items discussed in previous public meetings and with the steering committee have been included. He requested that Page 4 indicate that Castle Rock Elementary School is located on Castle Rock Road between Bronco Lane and Cool Springs Drive. He took exception with the statement on Page 4 of the study which states that "the overall traffic circulation operates with minimal constraints when school ends in the afternoon". Regarding the Trip Generation, Table 2-3 on Page 14, he suggested that Aaquno0 saaqua OT33pa4 xonaq sagpoTpuT puaag quaaano agg gpgg pageqs 'Tgppnpa0/0 oq buTpuodsaa 'asoTO •aw •TpubTs oT33paq auo 3o qsoo agq ATagPmTxoaddp sT 'Oml pup auo gapd 'I ueTd 3o gsoo Tp404 agq p94POTPUT aH •aTgpTTpnp ATagpTpaMMT aq pTnoM buTpun3 agq I up -Ed panoaddp TTounoO AgTO au -4'3T gegq page -4s xTgsl/aTegO •AgaaTgua sqT UT paquamaTdMT aq I ueTd gegq SpuaUIUIooaa S94PTDOSSV SxQ pageqs asoTO •aw 'xTgsl/aTpg3 oq buTpuodsaH •smaTgoad oT33vaq guaaano agq 3o 'TTp qou 3T 'gSOM buTgpuTUITTa UT anT40933a ST I uaTd 3T Aapssaoauun aq TTTM II ueTd gegq auTulaagap ApUI AgTO agy •SSau9nTgo933a aTagq ao3 pazATpup aq pTnogs suoTgpguauiaTduiT I uaTd 'II UPId buTquauiaTdtUT oq aoTad •ATagpTpauluT paguauiaTdMT aq upo I usTd 30 auo grid sanaTTaq sagpToossv SxQ •gupgaodmT ATTpnba aq oq uaTd uoTgpgualuaTduT agq 30 OMI pup auo gapd saapTSuoo S94PTOOSSV SxQ 'aanaMOH •AgTO agq 3o gapd agq uo uoTgpaapTsuoo aageaab aaTnbea Apm uOTgequamaTduiT STgg ao3 ubTsap uaTd pup buTpun3 agq asnpoaq I ueTd 3o Oml gaed sp saaxogo agq papnTouT seg sageToossV SxQ •poogaoggbTau agq ggTM pagpToossp stuaTgoad buTpaeds aeTnoTgan pue oT33va4 gbnoagg-gno agg og uoTgnTos agq 3o gapd TpabaquT ue ST Saaxogo 3o uotgaquaulaTdiuT agg gpgg sanaTTaq sagpToossv SxQ •quaoaad OT Aq peonpaa spm peads abpaanp agg 'uoTgTppp uI •guaoaad 5L Aq oT33pa4 gbnoagq-qno peonpaa ATanT40a33a sTgs •saaxogo 3o saTaas 9AT40p up pa TTegsuT uo4aag4V •A4uno0 oagpW UPS UT pagpooT uogaaggv UT pagonpuoo Apngs sagpToossV SxQ p p94TO aH •saaxogo 30 ss9uanT409339 agg suoTgsanb 33p4s 'guamanoadtuT sTgg 3o gsoo agg 3o ggbTT uI •aupZ sbuTadS pToO pup ppog SbutadS uTp4uno3 uo saaxogo qnd oq ST quauianoadMT agq 3o gsnagq agg gegg pageqs 'sagpToossV SxQ 'asOTO gaagog •5£ abed uo buTuuTbaq SUOTgop papuaMMooaa s,ApngS agg og uoTSSTUIMOD agg p9aaa39a xT4SI/aTpgO •ppog uoAup0 Peag pup aupZ sbuTadS pTOO qp dogs ApM-ano3 buTgsTxa agq agpotpuT Apngs agg gpgg pagsanbaa aH •peoH sbuTadS uTequno3 uo sp TTaM sp aupZ sbuTadS pTOO uo subTs „xonay TpT0a9UlUlo0 oH„ aes oq 9' -"[TT pTnoM aq gpgg pagpgs aag4an3 aH •gbTg oog aq ggbTui saanbT3 agq 3o amos uoTSSTMMOD 111 Z ebvd S66T 'OT gsnbnY August 10, 1995 Page 3 T&T commission Hills Towne Center from Cold Springs Lane and exits the center onto Fountain Springs Road, or enters the main entrance from Diamond Bar Boulevard and exits onto Fountain Springs Road. With the implementation of Plan I, it is expected that trucks travelling through the neighborhood and finding chokers would most likely use another route. In response to Chair/Istik, Mr. Close stated that he did not believe trucks would use alternative routes to avoid the physical restrictions on Cold Springs Lane and Fountain Springs Road. In his opinion, the effectiveness of Plan I should be studied in order to avoid the implementation of Plan II which would be overkill. Chair/Istik suggested that the Commission consider a motion to send a recommendation to the City Council which would not include any financial considerations. A motion was made by C/Gravdahl and seconded by C/Leonard to recommend that the City Council adopt Plan I, Part One and Two and conduct a follow up study to determine the effectiveness of Plan I prior to implementation of Plan II. Chair/Istik stated that he would support the motion if it included a recommendation for a "right turn -out only" reconstruction of the Country Hills Towne Center driveway at Fountain Springs Road. He recommended that the shopping center management discuss the neighborhood concerns for truck traffic with the tenants and seek their cooperation. C/Gravdahl and Vice-Chair/Leonard concurred with Chair/Istik and the motion was revised. The motion was approved 3-0 with the following roll call: AYES: COMMISSIONERS: Gravdahl, VC/Leonard, Chair/Istik NONE: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Ortiz August 10, 1995 Page 4 T&T commission VI. NEW BUSINESS A. Request to install speed bumps on Decorah Road. AA/Aberra stated that in February, 1992, the Traffic and Transportation Commission discussed the issue of speed bumps and recommended to the City Council denial of installation. Staff recommends that the Traffic and Transportation Commission deny the request to install speed bumps on Decorah Road. Staff recommends the installation of 25 MPH" signs and double -yellow centerline striping on Decorah Road as indicated in the plan attached to the staff report. Responding to Chair/Istik, SE/Liu stated that the City does not have a formal policy with respect to speed bumps. He stated there was an opinion issued by the previous City Attorney. Chair/Istik declared the public comments open. Chinh Pham, 24145 Decorah Road, related the hazards of speeding vehicles in his neighborhood. Since a 25 MPH would involve voluntary compliance on the part of the driver, he indicated he feels a speed bump would promote involuntary compliance. He stated that is very concerned about numerous near -accidents and he fears for the safety of children who might move into the area. In lieu of a speed bump, he indicated he would favor the installation of a 25 MPH speed sign and double yellow striping. Mercedes Hernandez, 23943 Decorah Road, stated her residence is located two houses from Del Sol Lane. She indicated she cannot allow her children to be outside of the house because of the vehicles speeding down the hill. She indicated she would like to have a stop sign or a speed bump to slow the traffic. She further stated that she believes law enforcement targets Del Sol Lane for speeding. Dennis Block, 23746 Decorah Road, stated he has lived in the neighborhood for 23 years and his street has been a drag strip since he moved there. He further stated he would hope that stop signs and speed bumps August 10, 1995 Page 5 T&T Commission would deter the speeding traffic. during a week the law enforcement the street there was no speeding. aware of any accidents in the area has lived there. He indicated that officers patrolled He stated he is not during the time he Chair/Istik stated he concurs with staff's recommendation. City's such as Pasadena have adopted speed -hump policies. In these instances, speed humps are not permitted when the street grade exceeds five percent because of the safety concerns. Sixty-five percent of residents who would be effected by the installation of speed humps must concur by signing an agreement. In addition, the City's Engineer and the City Council must agree that such an installation is safe. If there is a request to remove the speed hump, sixty-five percent of the residents must agree to the removal. C/Gravdahl stated he drove the area and concurs with the residents that there is a need for mitigation of the speeding problems. He further stated he is concerned that the installation of speed bumps in the tract would increase the noise level. Regarding the hairpin turn at Navajo Springs and Decorah Road, striping is needed. He recommended the City install downhill speed and curve signs to alert motorists. He stated with the addition of the signs he would concur with staff's recommendation. SE/Liu, in response to C/Gravdahl, stated "Watch Downhill Speed" and "Curve" signs can be supplemented with the 25 MPH signs. C/Gravdahl stated there are hills all through the 30 year old tract and that there are no center lines and no speed control signs. He,recommended that staff review the entire tract for striping at the curves. A motion was made by C/Gravdahl and seconded by C/Leonard to approve staff's recommendation and supplement "Watch Downhill Speed" and "Curve" signs. The motion was approved 3-0 with the following roll call: AYES: COMMISSIONERS: Gravdahl, VC/Leonard, August 10, 1995 Page 6 T&T Commission Chair/Istick NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Ortiz Chair/Istik requested concurrence from the Commission to have a discussion regarding a speed bump policy for the City of Diamond Bar. C/Gravdahl requested an opinion on speed bump policy from the City Attorney. Responding to Chair/Istik's request, SE/Liu stated staff will work with the City Manager to obtain an opinion from the City Attorney's office. In addition, staff will provide copies of the three year old Speed Bump Study as an informational item for the September 14 Traffic and Transportation Commission meeting. A motion was made by VC/Leonard and seconded by C/Gravdahl to carry over the balance of the agenda items to the September 14, 1995 Traffic and Transportation meeting. The motion was approved 3-0 with the following roll call: AYES: COMMISSIONERS: VC/Leonard, Gravdahl, Chair Istik NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Ortiz XI. ADJOURNMENT Chairman Istik declared the meeting adjourned at 8:00 p.m. Respectfully, /s/ David G. Liu David G. Liu Secretary Attest: /s/ Jack Istik Jack Istik Chairman CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION SEPTEMBER 14, 1995 CALL TO ORDER: Chair Istik called the meeting to order at 7:00 p.m. at the South Coast Air Quality Management District (SCAQMD) Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance By Commissioner Ortiz. ROLL CALL: Commissioners: Chair Istik, Ortiz, Gravdahl, Virginkar Absent: Vice -Chair Leonard Staff: Deputy Director of Public Works, David Liu; Administrative Assistant, Tseday Aberra; Sergeant Rawlings; and Recording Secretary, Carol Dennis I. SWEARING-IN: A. Swearing-in of Traffic and Transportation Commissioner Arun Virginkar. City Clerk Lynda Burgess administered the oath of office to Commissioner Arun Virginkar. II. APPROVAL OF MINUTES: A. Meeting of July 13, 1995. Meeting of August 10, 1995. A motion was made by C/Gravdahl, seconded by C/Ortiz to table the approval of minutes of July 13, 1995 and August 10, 1995 to the October 12, 1995 meeting. Without objection, the motion was so ordered. III. COMMISSION COMMENTS: C/Ortiz requested an updated City Council and City Commissions' roster. C/Ortiz stated he received a letter from Ted Poellnitz, 411 Rancheria Road. Mr. Poellnitz is concerned that the intersection of Rancheria Road and Golden Springs Drive is not listed for traffic signal warrant study and has not been reconstructed to accommodate handicap access ramps. September 14, 1995 Page 2 TAT Commission C/Ortiz stated he is aware of a number of accidents at the intersection of Cold Spring Lane and Diamond Bar Boulevard. He suggested a study of the intersection and restriction of U-turns. He noted an accident at the intersection of Mountain Laurel Way and Diamond Bar Boulevard and suggested a restriction of U-turns may be in order. Chair/Istik welcomed Commissioner Virginkar to the Traffic and Transportation Commission. C/Virginkar stated he is honored to serve on the Traffic and Transportation Commission and assist the residents of Diamond Bar. He indicated he lives on Coyote Springs Drive behind Quail Summit Elementary School and he is a business owner. He further stated he views his responsibilities on the Commission as the City's safety concerns, comfort, ease of traffic and pedestrian movement, and the enhancement of the City's image. IV. PUBLIC COMMENTS: Oscar Law, 21511 Pathfinder Road, stated he lives diagonally from Diamond Bar High School on a small cul-de-sac where there is barely space for three vehicles to travel in the same or opposite direction. When the high school was built, the residents petitioned Mr. Schabarum to have one side of the street tagged as "One Hour Parking" for the hours of 7:00 a.m. to 3:00 p.m. on school days. He indicated he has had difficulty getting the Sheriff's Department to respond in a timely fashion to his request to tag a vehicle that was blocking his driveway. Mr. Law stated he would like to have the Traffic and Transportation Commission work with the Parks and Recreation Commission so that when the City puts in a sidewalk there will be no need to rework the area by requesting additional contingency money. He further stated that, in his opinion, the City has a need for sidewalks on Diamond Bar Boulevard and Brea Canyon Road. He indicated he would like the Commission to propose a resolution to the City Council that any project bid by the City must be passed by all Commissions including the Parks and Recreation Commission prior to City Council approval. In his opinion, the City should conduct itself in a fashion similar to that of private business in order to avoid contingencies. C/Ortiz stated he agrees with Mr. Law. In addition, he September 14, 1995 Page 3 T&T Commission would like to have sidewalk lighting included in the agenda. Chair/Istik stated that, according to State law, the City is required to award contracts to the lowest responsible bidder. C/Gravdahl stated that, instead of adding a 15 percent overrun to a job, it would be preferable to let the bid and determine whether there may be concerns which might increase the bid. Chair/Istik stated that a precise amount of money could be let only for the bid amount. Regarding any monies needed for additional work, the contract could be halted until additional funds are appropriated by the City Council. C/Virginkar asked if the City's budget is public. Chair/Istik responded that the budget is reviewed, discussed, and voted in at a public meeting. DDPW/Liu responded to C/Virginkar that Mr. Law has been expressing his concerns to the City Council. With respect to Public Works contracts the City follows the Public Contract Code. Additionally, the "green book" allows a 25 percent overage of the contract price. Typically, the City recommends a contingency of 10 to 15 percent for each project brought before the City Council. The percentage of contingency depends on types of contracts (i.e. lump sum vs. unit price), nature and complexity of the project. DDPW/Liu stated that residents in attendance for this meeting have requested that Item VI. B., Overnight Parking, be moved forward on the agenda. In addition, there are residents who wish to be heard with respect to agenda Item V. B.. He recommended the Commission begin with Item V. B., followed by Item VI. B., and proceed with the balance of the agenda in order. Without objection, the Commission concurred. V. CONSENT CALENDAR: B. Request to install "Do Not Block Intersection" pavement marking on eastbound Golden Springs Drive at Gona Court. AA/Aberra stated that staff, based on the site investigation/observations conducted on August 31, 1995 September 14, 1995 Page 4 T&T commission and September 5, 1995, recommends the request be denied at this time. Furthermore, Golden Springs Drive will be resurfaced during fiscal year 1996-1997. This request will be considered during the resurfacing phase. Chair/Istick declared the public hearing open. Sandy Miller, 1111 S. Loxley Place, stated she is a member of the board of directors of Cross Keys Association and a Registered Engineer for the States of California and Nevada. She indicated she is a Consulting Engineer for a traffic and transportation engineering firm located in Diamond Bar. She stated she was asked to represent the association as their spokesperson. She further stated the association requests the "Do Not Block Intersection" pavement markings at the intersection. During peak period a.m. and p.m. conditions, traffic blocks the intersection making it extremely difficult to enter and leave the complex. This traffic condition also occurs during overloads of the SR 60 Freeway. She indicated it is not unusual for the residents to experience several minutes of delay. The residents also believe that the pavement markings, together with the street signs that are currently in place, will improve safety and reduce accidents and fuel consumption. Nicki Dolce, Gona Court, stated there is considerable congestion in the area. In spite of the current street signs, motorists move through the right -turn lane without yielding. She noted several accidents at the location including an accident in which her husband was involved. Richard Smiley, 1002 Gona Court, stated he endorses the previous speakers. He further stated he owns Diamond Bar Management Services, management agency for Cross Keys Association and is a resident of the project. He indicated the association could wait for the resurfacing. However, the problems exist now and the only missing ingredient is the pavement markings. It is a very congested area and motorists do not voluntarily yield to the traffic entering and leaving the complex. Therefore, with the consideration of minimal expense for painting, the residents would like to see this measure of solution initiated immediately. September 14, 1995 Page 5 T&T commission While it will not solve the problems, it is an interim solution toward reducing the problems until the street resurfacing is completed. He requested the Commission give prime consideration to this interim solution. Oscar Law stated he was told by DDPW/Liu that the pavement markings would cost the City approximately $500. He further commented that this money will not come out of the City's General Fund. It can come from Proposition A or B monies. Mr. Law encouraged the Commission to recommend to the City Council that this action be taken immediately. Martha Bruske, 600 South Great Bend Drive, recommended that immediate action be taken on the residents' request. In her opinion, the request is very valid. Steve Nice, Rising Star Drive, stated he is shocked that the City Hall of Diamond Bar would have an opportunity to assist a group of homeowners at such a small expense and decide to wait a year. He requested the Commission help the residents by recommending immediate action. Chair/Istik declared the public meeting closed. C/Gravdahl stated he agrees with the speakers that the pavement should be painted as soon as possible. C/Ortiz stated he agrees that action should be taken immediately. C/Virginkar stated his first impression was to wait until next year. After listening to the residents, he concurs that action should be taken immediately. Chair/Istik stated his experience has been to save the "Do Not Block Intersection" areas for critical service areas such as fire stations. The law prohibits the blocking of intersections. Sgt. Rawlings responded to Chair/Istik that he would need to check the code to determine if enforcement is possible with the current street signage in place. DDPW/Liu responded to Chair Istik that the pavement painting would complement the current signage and give CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO► ( �' TO: Terrence L. Belanger, City Manager MEETING DATE: December 5, 1995 REPORT DATE: November 21, 1995 FROM: James DeStefano, Community Development Director TITLE: (1) An Urgency Ordinance of the City of Diamond Bar amending Title 15 of the Diamond Bar Code (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO, 0X(1995), ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. SUMMARY: The State of California reviews its Model Building Code regulations every three years, and adopts the most current Uniform Building Codes printed by the International Conference of Building Officials. The State of California adopted the 1994 Building Code, 1994 Plumbing Code, 1994 Uniform Housing Code, and 1994 Mechanical Code, 1993 National Electric Code in late July, 1995. Local jurisdictions are required to adopt said codes by ordinance within six(6) months or they will automatically be adopted by operation of law. The State allows local municipalities to amend the Uniform Building Codes to meet the unique climatic, geographical, and topographical conditions of the City. RECOMMENDATION: That the City Council receive a staff presentation, accept public testimony, approve resolution findings and approve the proposed urgency ordinance which adopts, by reference, the "Uniform Administrative Code", 1994 edition, the "Uniform Building Code", 1994 edition including all appendices thereto and the "Uniform Building Code Standards", 1994 edition, the "Uniform Mechanical Code", 1994 edition, the "Uniform Plumbing Code", 1994 edition, the "National Electrical Code", 1993 edition, the "Uniform Housing Code", 1994 edition, the "Uniform Swimming Pool, Spa and Hot Tub Code", 1994 edition and "Chapter 99" the "Building and Property Rehabilitation" of Title 26 of the Los Angeles County Building Code, 1993 edition together with certain amendments, deletions and exceptions, including fees and penalties. LIST OF ATTACHMENTS: x_ Staff Reports x Resolution x Ordinances _ Agreement(s) EXTERNAL DISTRIBUTION Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) Other Fire Department and Building Industry Association (B.I.A.) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: x Yes ` No Majority _ Yes x No x Yes _ No _ Yes x No Engineering Dept./Fire Dept. V WED BY: Terrence L. elanger Frank sher ames DeStefano City Manager Assistant City Manager Community Development Director Dennis A. Tarango j Building Official CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 5, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrance L. Belanger, City Manager SUBJECT: (1) An Urgency Ordinance of the City of Diamond Bar amending Title 15 of the Diamond Bar Code (2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 0X(1995), ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS ISSUE STATEMENT: The State of California reviews its Model Building Code regulations every three years, and adopts the most current Uniform Building Codes printed by the International Conference of Building Officials. The State of California adopted the 1994 Building Code, 1994 Plumbing Code, 1994 Uniform Housing Code, and 1994 Mechanical Code, 1993 National Electric Code in late July, 1995. Local jurisdictions are required to adopt said codes by ordinance or they will automatically be adopted by operation of law. The State allows local municipalities to amend the Uniform Building Codes to meet the unique climatic, geographical, and topographical conditions of the City. RECOAP*IENDATION: That the City Council receive a staff presentation, accept public testimony, approve resolution findings, and approve the proposed urgency ordinance which adopts, by reference, the "Uniform Administrative Code", 1994 edition, the "Uniform Building Code", 1994 edition including all appendices thereto and the "Uniform Building Code Standards", 1994 edition, the "Uniform Mechanical Code", 1994 edition, the "Uniform Plumbing Code", 1994 edition, the "National Electrical Code", 1993 edition, the "Uniform Housing Code", 1994 edition, the "Uniform Swimming Pool, Spa and Hot Tub Code", 1994 edition and "Chapter 99" the 'Building and Property Rehabilitation" of Title 26 of the Los Angeles County Building Code, 1993 edition together with certain amendments, deletions and exceptions, including fees and penalties. 1 BACKGROUND: In September, 1992, the Diamond Bar City Council adopted the 1991 Uniform Model Code to meet the state mandates. Since then, the State of California has adopted the most current Uniform Model Codes printed by the International Conference of Building Officials. During the state adoption process, changes and omissions have occurred. These changes and omissions are enclosed in the 1994 edition of above referenced codes. In July of this year the State of California adopted the 1994 codes, which allowed local cities, by law, 180 days to follow suit if said cities intend to modify the state codes. This year local cities have until December 28, 1995 to amend and adopt the 1994 Uniform Codes. DISCUSSION: The State of California reviews its Model Building Code regulations every three years, and adopts the most current Uniform Building Codes printed by the International Conference of Building Officials. The State of California adopted the 1994 Building Code, Volumes 1, 2, and 3 1994 Plumbing Code, 1994 Uniform Housing Code, 1994 Mechanical Code, and 1993 National Electric Code in late July, 1995. Local jurisdictions are required to adopt said codes by ordinance or they will automatically be adopted. The State allows local municipalities to amend the Uniform Building Codes to meet the unique climatic, geographical, and topographical conditions of the city. The attached proposed urgency ordinance amends Title 15 of the Diamond Bar Code, along with the State Model Codes. The 1994 State Model Codes inclAded the integration of three Model Codes: The B.O.C.A. Code; the S.B.C.C. Code; and the I.C.B.O. Code. By integrating the three codes, the 1994 State Model Code is widely used throughout the United States. The 1991 Edition, which was previously used, was a one -volume code. The 1994 edition includes three volumes. Volume One includes administrative, fire and life -safety, and field inspection provisions. Volume Two contains structural engineering design provisions. Volume Three contains material, testing and installation standards. The most technical change to the Building Code is contained in the engineering section of the Uniform Building Code. Structural members' values have been reduced, which means that larger framing/structural members are to be used. Stricter design criteria is mandated for both commercial and residential structures. These changes are due to the knowledge acquired by designers and code administrators during the period following the 1994 Northridge earthquake. The proposed ordinance reintroduces the Uniform Administrative Code. 1994 Edition, which will aid the Building Official in administrative, organizational and enforcement rules and regulations for the technical codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the City of Diamond Bar. Also revised by this ordinance is the Uniform Housing Code, 1994 Edition. This code establishes minimum requirements for housing standards, thus enhancing the quality of living in the City of Diamond Bar. It gives the City authority to address the maintenance of residential housing as relates to required exiting, minimum light and ventilation, sanitation facilities, electrical wiring, and weather protection. Within the Code there is provision for abatement of substandard housing. 2 "Chapter 99" (Building and Property Rehabilitation) of the Los Angeles County Building Code is also reintroduced by this interim ordinance. At first glance, it appears there is a great deal of overlap in the areas of substandard buildings and substandard conditions between "Chapter 99" and the City Uniform Housing Code. However, in comparing the Uniform Housing Code and "Chapter 99", it is evident that "Chapter 99" gives the City more enforcement power as relates to violations such as property maintenance which is detrimental to nearby property or to property values, and unsightly property not in conformance to surrounding neighborhood, or in such deterioration or disrepair as to diminish surrounding property values. In addition, the Los Angeles County Substandard Property section highlights violations such as clotheslines in the front yard, and garbage cans stored in the front yard which are visible from the street. Based upon recent complaints filed with the Code Enforcement Office pertaining to certain properties which are not being maintained in conformity with the neighborhood, and may affect surrounding property values, it appears that the residents of Diamond Bar would greatly benefit from the continuance of "Chapter 99". Furthermore, due to lack of provision for abandoned vehicle abatement in the City Housing Code, for which the City currently uses the Vehicle Code, Section 22660 for their removal, another advantage to "Chapter 99" is the consolidation of property maintenance and abandoned vehicle abatement into one code. Currently, should citizen complaints be received regarding aesthetic -type issues (i.e. dryrot or other exterior structure deterioration), Chapter 10, Section 1001(h) of the Uniform Housing Code, entitled "Faulty Weather Protection", which requires that no deterioration, crumbling or loose plaster, deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, defective weather protection for exterior wall coverings, including lack of paint, broken, rotted, split or buckled exterior wall coverings or roof coverings be permitted on any structure, will allow Code Enforcement to cite these violations. Likewise, with complaints about garbage or junk, Section 1001 (k) requires the abatement of accumulated weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborage, stagnant water, and combustible materials. It is evident that the continuation of "Chapter 99" will enhance the City's aesthetics, health and safety. Highlighted within this ordinance is the addition to the plumbing code which requires all new structures, to be equipped with an additional main for future use of reclaimed water for landscape irrigation systems. Appendix G: Graywater System for Single Family Dwellings Grey water is untreated household waste water which has not come into contact with toilet waste. Graywater includes used water from bathtubs, shower, bathrooms waste basins and water from clothes washing machines and laundry tubs. It shall not include water from kitchen sinks or dishwater. The Building staff discussed the high rise package (Section 1807 special Provisions) with the Fire Department and concluded that the County equipment (ladders) can meet the 75 foot height limitation mandated by Section 1807 of the 1994 Uniform Building Code. The Department recommends that no modification to this section is required. 3 The following amended sections reflect the significant changes to the Model Building Codes. Section 202.c is amended to give the Building Official "Right of Entry" when in possession of a warrant. Section 204.1 and (b) establishing the City Council to act as a Board of Appeals in making a final determination of any appeal filed against the Building officials code interpretations or alternate materials. Section 301(a) has been amended to allow the Building staff to require permits for all demolitions, thus mandating the Department's review of all demolition sites for maintenance and safety conditions (e.g. pedestrian protection). Section 301.2.1.1. is amended to further define storage sheds, tool sheds„ and similar accessory buildings. After reviewing the code enforcement files it has come to our attention that the so- called tool sheds and playhouses are equipped with elaborate electrical and plumbing systems which may be used for housing people. This amendment requires a permit for such a structure. Section 303.4 has been amended to reduce the demolition permit duration from 180 days to 45 days. This amendment will allow the Building staff to review the building sites more frequently, thus expediting the demolition phase of projects and reducing the possible eyesores related to demolition projects. Section 1806.10 is added to establish minimum design criteria for all foundation work in expansive soil conditions. Throughout the City of Diamond Bar expansive soil (adobe) exists, which mandates a soils report for any foundation work. By adopting this amendment, the costly soils report can be omitted from the typical room addition plans. Section 1503 is amended to require a Class "C" roof material for all new buildings and existing buildings throughout the City of Diamond Bar when twenty-five percent (25 %) or more of the roofed area is reroofed within a one year period. The class "C" rated roof is effective against light fires and may consist of wood shakes, which have been treated with fire retardant materials. Section 3304.5 (Appendix) is added to transfer the power and duties usually exercised by the Building official on all items dealing with excavation and grading to the City Engineer. This amendment is proposed due to the complexity of the submitted grading plans, due to the diverse topography in the City of Diamond Bar. Dealing with this type of challenge requires the expertise of an civil engineer who is accustomed in addressing these projects, and this amendment would address this need. Article 336-3 (a) Uses Permitted. Section 110.14 omits the use of Aluminum conductors less than No.4 AWG. This amendment would allow aluminum wire for convenience outlets and lighting. 4 336-3 (a) Type NM. Type NM cable shall be permitted for both exposed concealed work in normally dry locations. It shall be permissible to install or fish Type NM cable in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness. Amended to read: 336-3 (a) Type NM. Type NM cable shall be permitted for concealed work in normally dry locations. It shall be permissible to install or fish Type NM cable in air voids in masonry block or the walls where such walls are not exposed or subject to excessive moisture or dampness. 336-3 (b) Type NMC. Type NMC cable shall be permitted: (1) for both exposed and concealed work in dry, moist, damp, or corrosive locations; (2) in outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least 1/16 inch (1.59 mm) thick and covered with plaster, adobe, or similar finish. Amended to read: 336-3 (b) Type NMC. Type NMC cable shall be permitted: (1) for concealed work in dry, moist, damp, or corrosive locations; (2) in outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least 1/16 inch (1.59 mm) thick and covered with plaster, adobe, or similar finish. These changes will help eliminate damage to nonmetallic cable in locations subject to damage due to weather, ultra -violet light, or personal use (i.e. garages, attics, under exterior soffits, under open -roofed patios). 336-4. Uses not Permitted. 336-4 (a) Type NM or NMC. Types NM and NMC cables shall not be used: (1) in any dwelling or structure exceeding three floors above grade: (2) as service -entrance cable; (3) in commercial garages having hazardous (classified) locations as provided in Section 511-3; (4) ift theaters and similar locations, except as provided in Articic 581, Placcs of Assembly; (5) in motion picture studios; (6) in storage battery rooms; (7) in any hazardous (classified) location except as permitted by Sections 501 4(b), Exceptions, and 501 20. Article 336-4 (a) Amended to read: 336-4 (a) Type NM or NMC. Types NM and NMC cables shall not be used: (1) in any dwelling or structure exceeding three floors above grade; (2) as service entrance cable; (3) in commercial and industrial buildings. For the purpose of this article, the first floor of a building shall be that floor that has fifty percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. 5 Currently, the Building Department is encountering many cases of damage to nonmetallic -sheathed cable during inspections of commercial tenant improvements. Most of said damage is due to the use of steel studs, which is mandated by the building code. The original article contained many exceptions to commercial use already, however this change will broaden the safety net to include office type uses. Table 300-5. Minimum Cover Requirements, 0 to 600 Volts, Nominal, Burial in Inches (Cover is defined as the shortest distance measured between a point on the top surface of any direct buried conductor, cable, conduit or other raceway and the top surface of finished grade, concrete, or similar cover.) See attached for existing Table 300-5. Table 300-5 amended to read: All conductors, cables, conduits, or other raceway used for one -and two family dwelling driveways and parking areas, and used for no other purpose, shall be buried no less than 24 inches below finished grade. Due to the expansive -type soil throughout Diamond Bar, it is necessary to add the additional six inches burial of the Electrical wiring under one -and -two family dwelling driveways and parking areas. A copy of the proposed amended Codes have been provided to the Building Industry Association (B.I.A.) for their review and comment. A response from the Building Industry Association (B.I.A.) was received, informing the Building Department that the proposed amendments to the Uniform Model Codes were minor in nature and would not have an impact on the building industry. The Fire Department has received and reviewed the proposed Uniform Building Code amendments and has determined that the amendments will not negatively impact the Fire Codes. PREPARED BY: Dennis A. Tararigo, C.B.D. Building Official 11 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 0X(1995), ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. A. Recitals. (i) California Health and Safety Code Section 17922 requires all cities to adopt, as the City Building Standards Code, the State Building Standards Code adopted pursuant to the provisions of Chapter 4 of Part 2.5 of Division 13 of the California Health and Safety Code. (ii) Section 17958.5 of the California Health and Safety Code provides, in pertinent part, as follows: "...a city or county may make such changes or modifications in the requirements contained in the provisions published in the State Building Standards Code and the other regulations adopted pursuant to Section 17922 as it determines, pursuant to the provisions of Section 17958.7, are reasonably necessary because of local climatic, geological or topographical conditions." (iii) Prior to making the modification permitted under Section 17958.5 of the California Health and Safety Code, this Council is required to make an express finding that such modifications or changes are reasonably necessary. (iv) This Council desires to amend the provisions of sections 1806.10, 1503, 1504, Table No. 15A, and Section 904.22 of the "Uniform Building Code", 1994 Edition. (v) This Council desires to amend the provisions of Section 318 of the "Uniform Plumbing Code", 1994 Edition. (vi) This Council desires to amend the provisions of Section 110-14, 336-3, Section 336-4 and Table No. 3005 of the "National Electrical Code", 1993 Edition. (vii) All legal prerequisites to the adoption of this Resolution have occurred. 1 A •sure palEindod Aig8tg rogg8iau goigm spueipiim puE sapisiiig padoianapun BuTpunorrns aTp ol snoprezEg baA arE suopTpuoo raTpEann �Crp agy 'lap puE UUM fJ-3A aq of spual spouad Apuim otp guunp raippom Otp `um aip jo zimm pue otp of anp `ranoaron •1413oiaA ggig jo spuim of ouord PUB „puE„ se pamsseio Allow .IBLUT13 EarE uE ui pai ooi si `sapTo 8uipunouns otp se Ham sE `nq puoumiQ jo t4T3 agy •q •aimm uT aigpsngwoo XlowoAxo om solfts pue so3pgs poom pownnun asagy •saiSuigs poom palmnun sE iiam se `sa}iegs p lmnun se umou3i osinAragpo `poom 3o saooid ino XiuM jo pmanrgsuoo sjooi aAEg gaigm sainimAs jo suope4uaouoo snoiawnu are `sapio 8uipunouns otp ui sE iiam sE `reg puowpi(I jo 1413 otp inog8noitp pmEooZ •E :suopeuTuuagap pue s8uipuTj oU!aads wow 8uimoiio3 agi uodn posEq ptm panioddns si BuTpuT3 ssardxa sTgy •suopTpuoo m dEi2odol ro ieoiSoioa2 `opEunio ieooi jo osnEoaq kmsaoau Algeuoseai are `uopipg t,661 `„aP03 BulUng uuojiun„ ago 30 V9T *ON aige,L PuB `V09T `£09i suopoaS 8uipuaUM ` •obi aoueuiprp ui quoi ;as sivauipuou-m oqj Imp auiuuagap puE pug klssardxo Xgarag scop iiounoD silty • £ oiuisios pue uoisuedxa quvo immm of anp o2mmp aigissod asmimp, iiT.m silty •ware iios aigEnsun aip uWtA sainjon4s aigEnigEq lroddns of 8uuaoui8uo ieioads sarinbar reg puouieTQ jo Alla otp `suopTpuoo ieodoioa8 pue opeuTiio poquosap-anoge otp jo asneoag •o Tim NMI anisuedxa oa 8uT8EuiEp ATaA si uopipuoo sign •iios age 3o uop3u4uo3 puE uoisuEdxa saqouiord goigm `sainiEraduiaq asraeip saauauadxa reg puoumiQ jo 141D aqy •q wauianouT Tprea ol aigErauinA are suopTpuoo iios anisuedxa Aig8iq osagy •aroddns ieoiskgd 3o suum uT 31mtA ro aiquisun AAErnim oq Am sieualm osogy •sie!jojLw Ieinnlle puE Hu aigms wow jo pasodwoo are seare puLU'eU 8uuogg8iau aiigm `sieuoj-ow ieoTBoio 2 *,om XBPWis puE `uopeuuo3 a�uand 3o pasoduToo arE reg puoWETQ uT sopisiiiq agy •e :suoAEuiuuagap pue s8uipuTj oi3Toods wow 8uimoiioj aip uodn poseq pue palroddns si 8uipuu ssardxo sigy •suopTpuoo 3igder8odoq io M!2oio 2 `opeuiiio iEaoi jo asnEoaq kressaoau SigeuosEar are `uopiPH t,661 `„aPoo guiPiingo3?ull„ otp 3o Oi'908i uopoas 2uipuauT� aouEuiprp ui garo3 las sluauipuoum aqi imp auiuump pue puT3 kTssardxo Agaraq scop iiounoD sTgy •z •uopniosag sigh 3o `d ared siMioag alp uT quoj Jas SE sloadsar Ae uj • i :smoiioj se paniosai pue pouiuuanap `punoj 11 aq `g2IOdgHaH,L `AAoN uopniosag •g C. Because of the above-described climatic and meteorological conditions, the City of Diamond Bar and the surrounding cities have historically suffered from occasional structural and brush fires. These have often been difficult to control due to the high velocity, dry winds carrying sparks and cinders to surrounding structures with roofs constructed as described in paragraph 3.a. above. 4. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. , amending Sections 904.22 of the "Uniform Building Code", 1994 edition, are reasonably necessary because of local climatic, geological, or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. The City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north - south direction. Substantial number of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways. b. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. C. Furthermore, as found in paragraph 2.b. of the above Resolution, climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. Installation of sprinkler systems in buildings above three stories in height will enable suppression activities to be directed to those areas which are unprotected in the event of earthquake activity. 5. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. , amending Section 318.0 of the "Uniform Plumbing Code", 1994 Edition, are reasonably necessary because of local climatic, geological or topographical conditions. This express finding is supported and based upon the following more specific findings and determinations: a. The City of Diamond Bar is suffering through its fifth year of drought conditions, along with the entire state of California. Its water provider, the Metropolitan Water District, has restricted local water supplies by 25 percent through the imposition of surcharges on water supplied in excess of these levels. As water supplies are restricted further and the 3 price of water rises, the City of Diamond Bar will find it difficult to maintain hillside erosion control and the general quality of life in our community will suffer. b. Because of the above-described climatic condition affecting the City of Diamond Bar, the need for alternative methods of providing landscape irrigation is enormous. The use of reclaimed water will help to meet this demand, now and in the future. 6. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. , amending Sections 110-14, 336-3, 3364 and Table No. 300.5 of the "National Electrical Code", 1990 Edition, are reasonably necessary because of local climatic, geological or topographical conditions. This express finding is supported and based upon the following more specific findings and determinations: a. As found in paragraph 4.b., the City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north -south direction. Substantial number of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways. b. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an inadequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. C. Furthermore, as found in paragraph, 2.b., of this Resolution, climatic conditions within the community render it extremely likely that in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. Therefore protection of electrical wiring is essential in the above described events and this protection is magnified in high occupancy buildings. ADOPTED AND APPROVED this _ day of , 1995. Mayor H I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995 by the following vote: AYES: COUNCILMEM 3ERS: NOES: COUNCILMEM 3ERS: ABSENT: COUNCILMEM 3ERS: ABSTAIN: COUNCILMEMBERS: ATTEST: City Clerk of the City of Diamond Bar 5 ORDINANCE NO. 0 (1995) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "UNIFORM ADMINISTRATIVE CODE", 1994 EDITION, THE "UNIFORM BUILDING CODE", 1994 EDITION, VOLUMES 1, 21 AND 31 INCLUDING ALL APPENDICES THERETO, THE "UNIFORM MECHANICAL CODE", 1994 EDITION AND THE APPENDIX THERETO, THE "UNIFORM PLUMBING CODE", 1994 EDITION AND THE APPENDICES THERETO, THE "NATIONAL ELECTRICAL CODE", 1993 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING CODE", 1994 EDITION AND THE APPENDICES THERETO AND THE "THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE", 1994 EDITION AND APPENDIX 1 OF THE 1994 UNIFORM CODE FOR BIIILDING CONSERVATION AND CHAPTER 99 " THE BUILDING AND PROPERTY REHABILITATION" OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE 1993 EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, INCLIIDING FEES AND PENALTIES AND DECLARING THE URGENCY THEREOF. A. Recitals. (i) Section 17922 of the California Health & Safety Code mandates the adoption, by reference, of the uniform codes. (ii) At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of the City of Diamond Bar have been filed in the office of the City Clerk of the City of Diamond Bar in accordance with the provisions of California Government Code § 50022.6. (iii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: Section 1: In all respects as set forth in the Recitals, Part A, of the Ordinance. 1 Section 2: Ordinance No. 3 (1992), as heretofore adopted, hereby is repealed; provided, however, that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the uniform codes as adopted therein by reference and amended by Ordinance No. 3 (1992) of the City of Diamond Bar shall continue to be applicable to construction wherein plans have been submitted for plan check as of the effective date of this Ordinance so long as the initial permit therefor is issued not later than ninety (90) days after the effective date of this Ordinance. Section 3: "Amending Division 2 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 2. UNIFORM ADMINISTRATIVE CODE "Sections: "15.00.110 Uniform Administrative Code - Adopted. " 15.00.120 Amendments Section 202.1 - Amended. Section 202.3 - Amended. Section 202.9 - Deleted. Section 204 - Amended. Section 204.1 - Amended. Section 204.2 - Amended. Section 301.1 - Amended. Section 301.2.1.1.- Amended. Section 301.2.1.2.- Amended. Section 301.2.1.5.- Amended. Section 301.2.1.11- Amended. Section 302.1 - Amended. Section 303.4 - Amended. Section 303.6 - Added. Section 304.2 - Amended. Section 304.3 - Amended. Section 304.4 - Amended. Section 304.5 - Amended. Section 304.6 - Amended. Section 310 - Added Section 310.1 - Added Section 310.2 - Added 2 Section 310.2.1 - Added Section 310.2.2 - Added Section 310.2.3 - Added Section 311 - Added Section 312 - Added Tables Deleted - Fees Established " 15.00.130 Penalties - Added "15.00.110 Uniform Administrative Code - Adopted. "The Uniform Administrative Code", 1994 Edition, hereby is adopted, in its entirety, except as hereinafter provided as the Administrative Code of the City of Diamond Bar pertaining to building and construction regulations within the City, together with the amendments, additions, deletions and exceptions set forth in this Division. "15.00.120 Amendments Section 202.1 - Amended. "Section 202.1 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 202.1. General. The Building Official shall enforce the provisions of the Chapter and shall have the responsibility for making interpretations of the Uniform Codes, for deciding upon the approval of equipment and materials, and for granting the special permission contemplated in a number of code sections hereof. Section 202.3 - Amended. "Section 202.3. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 202.3. Right of Entry. The Building Official, or his duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigation of the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations, the Building Official, or his authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless he possesses a warrant authorizing entry and search of the premises. No person shall hinder or prevent the Building Official, or his authorized representative, while in the performance of the duties herein described as emergency situations or while in possession of a warrant, from entering upon and into any and all premises under his jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of the Chapter and all other applicable 3 laws or ordinances pertaining to the protection of persons or property are observed therein. Section 202.9 - Deleted. "Section 202.9. of the Uniform Administrative Code hereby is deleted, in its entirety. Section 204 - Amended. "Section 204 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 204.1. Appeals. A decision of the Building Official regarding the interpretation or implementation of any provision of this Chapter or the Code adopted hereby shall be final and shall become effective forthwith upon the service of the decision by the Building Official, in writing, upon the permittee. For the purposes of this section, service upon the permittee shall mean either personal delivery or placement in the United States Mail, postage prepaid, and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of the decision of the Building Official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the Building Official. "Section 204.2. The City Council shall act as the Board of Appeals in making a final determination of any appeal filed in accordance with the provisions of Section 204 of this Code. The City Clerk shall schedule a hearing on the appeal at reasonable times at the convenience of the Board of Appeals, but not later that thirty (30) days after receipt of the written appeal. The permittee may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claim. The Building Official shall transmit to the Board all records, papers, documents, and other materials in support of his decision and shall provide a copy thereof to the permittee appealing the decision of the Building Official. The permittee appealing the decision of the Building Official shall cause, at his own expense any tests or research required by the Board to substantiate his claim to be performed or otherwise carried out. The Board may continue such appeal hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse or modify in whole or in part, any appealed decision, determination, or interpretation of the Building Official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, to the permittee's last known address of record. 4 Section 301. 1. - Amended. "Section 301.1. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 301.1. Permits Required. Except as specified in Section 301.2 of this section, no building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building Official. All signs affixed to any building or structure and not otherwise requiring a permit hereunder shall require a building permit. Section 301.2.1.1. - Amended. "Section 301.2.1.1. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 301.2.1.1. Detached accessory buildings used as tool and storage sheds, playhouses, and similar uses provided that: a. The building is accessory to a dwelling unit. b. The building neither exceeds 120 square feet in roof area nor exceeds 6 feet in overall height. C. The building has no plumbing or electrical installations or fixtures. d. The building is separated from any similar accessory structures by a minimum distance of 6 feet. Section 301.2.1.2. - Amended. "Section 301.2.1.2. of the Uniform Administrative code hereby is amended to read, in words and figures, as follows: "Section 301.2.1.2. Fences not over 6 feet high. EXCEPTION 1: Walls or fences more than 42" above finish grade, within the required front yard setback area. Section 301.2.1.5. - Amended. "Section 301.2.1.5. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 301.2.1.5. Retaining walls which are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. 5 Section 301.2.1.11. - Amended. "Section 301.2.1.11. of the Uniform Administrative Code hereby is amended to read in words and figures, as follows: "Section 301.2.1.11. Prefabricated swimming pools, spas, or hot tubs accessory to Group R, Division 3 Occupancy in which the pool walls are embedded no more than 12 inches below the adjacent grade and if the capacity thereof does not exceed 5,000 gallons. Section 302.1 - Amended. Section 302.1 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 302.1. Application. Application for a permit to perform the work shall be made in writing to the Building Official and shall fully describe said work. Plans, engineering calculations, diagrams, and other data, including specifications and schedules, may be required to determine whether the installation as described will be in conformance with the requirements of this Title. If it is found that the installation as described will conform with all legal requirements, and if the applicant has complied with the provisions of this Title, a permit for such installation shall be issued. No deviation may be made from the installation described in the permit and plan without the prior written approval of the Building Official. Section 303.4 - Amended "Section 303.4 of the Uniform Administrative Code hereby is amended by the addition of the following exception to read, in words and figures, as follows: "EXCEPTION: Demolition permits shall expire by limitation and shall become null and void if the work authorized by such permits is not substantially commenced within 45 days of the date such permit was issued or as otherwise specified by the Building Official. Section 303.6 - Added. "Section 303 of the Uniform Administrative Code hereby is amended by the addition of a new subsection (f) to read, in words and figures, as follows: 11 "Section 303.6. Qualifications of Permittee. No person shall be issued a permit under this Chapter until evidence of a valid California Contractor's License and Workers Compensation Insurance is presented to the Building Official. "EXCEPTION: Owner -builder permit may be issued for specified occupancies in accordance with California law. Section 304.2 - Amended. "Section 304.2 of the Uniform Administrative Code hereby is amended to read, in word and figures, as follows: "Section 304.2. Permit Fees. The fees required in this Chapter shall be paid to the Building Official for all work for which a permit is required by this Title. "The determination of value or valuation under any of the provisions of this Chapter shall be made by the Building Official whose determination shall be final. The value is to be utilized in computing the permit and plan review fees established pursuant to this Chapter shall be the total value of all work for which the permit is issued including, by way of illustration and not by limitation, construction and finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire - extinguishing systems, and all other permanent equipment. Section 304.3 - Amended. "Section 304.3. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 304.3. Plan Review Fees. When a plan or other data is required to be submitted for review and approval by the Building Official pursuant to this Chapter, a plan review fee shall be paid at the time of submittal of such plan or other data. Said plan review and recheck fees shall be established, and may be amended from time to time, by resolution of the City Council. Section 304.4 - Amended. "Section 304.4. of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 304.4. Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of submitted application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have 7 prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 304.5 - Amended. "Section 304.5 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "Section 304.5. Failure to obtain a permit and to pay fees therefor before commencing work shall be deemed evidence of violation of the provisions of this Chapter. A penalty, as established by resolution of the City Council, shall be assessed for work commenced before a permit is issued. Whenever any work for which a permit is required under the provisions of this Chapter has been commenced without the authorization such permit, a special investigation may be required before a permit will be issued for any such work. In addition to any regular permit fee and/or any penalty fee, the said investigation fee shall be collected as established by resolution of the City Council. Section 304.6 - Amended. "Section 304.6 of the Uniform Administrative Code hereby is amended to read, in words and figures, as follows: "304.6. Fee Refunds. The Building Official shall collect such fees as are required to be paid by this Chapter and shall make no refund of fees paid except in accordance the provisions of this section and in no event after one hundred eighty (180) days have elapsed from the date of the issuance of the permit. All requests for refund of fees paid shall be made in writing to the Building Official and shall be made in accordance with the procedures and refund schedule established by resolution of the City Council. Section 310 - Added "Section 310 hereby is added to Chapter 3 of the Uniform Administrative Code by addition of a new section to read, in words and figures, as follows: "Section 310. Prohibited Uses of Building Sites. "310.1 Flood Hazard. Buildings are not permitted in an area determined by the city engineer to be subject to flood hazard by reason of inundation, overflow or erosion. "The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. a "EXCEPTION: This prohibition shall not apply when provision is made to eliminate such flood hazard to the satisfaction of the city engineer by providing adequate drainage facilities, by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. "310.2 Geologic Hazards. "310.2.1. No building or grading permit shall be issued under the provisions of this section when the city engineer finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or, change in use of, the site for which the permit is requested. For the purpose of this section, geologically hazardous condition does not include surface displacement due to earthquake faults. "310.2.2. Work requiring a building or grading permit by this code is not permitted in an area determined by the city engineer to be subject to hazard from landslide, settlement, or slippage. These hazards include those from loose debris, slopewash and the potential for mud flows from natural slopes or graded slopes. For the purposes of this section, landslide, settlement, or slippage does not include surface displacement due to earthquake faults. "310.2.3. Subject to the conditions of subsection 310.2.1 of this section, permits may be issued in the following cases: a. When the applicant has submitted an engineering geology and/or geotechnical engineering report or reports complying with the policies and provisions of city engineer which report or reports show that the hazard will be eliminated prior to the use or occupancy of the land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these methods, or by other means. b. When the applicant has submitted an engineering geology and/ geotechnical engineering report or reports complying with the policies and provisions of the city engineer which report or reports contain sufficient data to show that the site appears to be in no danger for the intended use. Section 311 - Added "Section 311 hereby is added to Chapter 3 of the Uniform Administrative Code by addition of a new section to read, in words and figures, as follows: "Section 311. Geology and Engineering Reports. The Building Official, or the city engineer in the case of an application for a grading permit, may require an engineering geology or geotechnical engineering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. The engineering geology or geotechnical engineering report or both shall contain a finding regarding the safety of the building site for the proposed structure against hazard from landslide, settlement or slippage and a finding regarding the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site. Any engineering geology report shall be prepared by a certified engineering geologist licensed by the State of California. Any geotechnical engineering report shall be prepared by a civil engineer qualified to perform this work, such as a geotechnical engineer experienced in soil mechanics. When both an engineering geology and geotechnical engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the Building Official or city engineer. Any finding regarding the safety of the building site and the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site must be substantiated with sufficient data and analyzed in a manner consistent with the current industry standard of care and must be concurred with by the city engineer who may rely on the opinion of independent geotechnical reviewers. Section 312 - Added "Section 312 hereby is added to Chapter 3 of the Uniform Administrative Code by addition of a new section to read, in words and figures, as follows: "Section 312 Earthquake Fault Maps. Special studies zones maps within the City of Diamond Bar prepared under sections 2622 and 2623 of the California Public Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a part of this code, and may be referred elsewhere in this code. Special studies zones maps revised under the above sections of the California Public Resources Code shall, on the date of their official issue, supersede previously issued maps which they replace. Copies of each of the above maps shall be available for examination by the public at the Department of Public Works, Department of Community Development and the Office of the City Clerk. Tables Delved - Fees Established. "Tables No. 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, and 3-H of the Uniform Administrative Code hereby are deleted in their entirety. All fees required shall be established by resolution of the City Council which may, from time to time, amend the fees prescribed by such resolution." "15.00.130 Penalties for Violation of Division "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and 10 imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 4: Amending Division 3 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 3. BUILDING CODE "Sections: " 15.00.3 10 Uniform Building Code - Adopted. " 15.00.320 Code Amendments Chapters 1,2 and 3 - Deleted. Section 1806.10 - Added. Section 1503 - Amended. Section 1504 - Amended. Table No. 15-A - Amended. Section 904.2.2 - Amended. Section 3308 - Amended Section 3306 - Amended Section 3307 - Amended Section 3307.1 - Added Section 3307.2 - Added Section 3307.3 - Added Section 3309.1 - Amended Section 3309.2 - Amended Section 3309.3 - Amended Section 3309.9 - Amended Section 3309.10 - Added Section 3309.11 - Added Section 3310 (Appendix) - Amended. Section 3315 - Amended Section 3315.6 - Added Section 3316 - Amended Section 3316.3 - Added Section 3316.4 - Added Tables 33-A and 33-B (Appendix) - Deleted. 15.00.330 Penalties - Added. "15.00.310 Uniform Building Code - Adopted. "Except as hereinafter provided, the Uniform Building Code, 1994 Edition, and the appendices thereto prepared by the International Conference of Building Officials, is 11 hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Building Code and a provision applicable of cities of the California Building Code as contained in Part 2 of Title 24 of the California Code of Regulations, the provision of the California Building Code shall prevail. 15.00.320 Code Amendments Chapters 1, 2 and 3 - Deleted. "Chapters 1, 2 and 3 of the Uniform Building Code hereby are deleted, in their entirety. All administrative, permitting and related requirements of said Chapters 1, 2, and 3 of the Uniform Building Code shall be governed by Division 2 of this Title. Section 1806.10 - Added. "Section 1806.10 of the Uniform Building Code is hereby added to read, in words and figures, as follows: "Section 1806.10. Foundations on Expansive Soil. Foundation systems on expansive soil shall be constructed in a manner that will minimize damage to the structure from movement of the soil. Slab -on -grad and mat -type footings for buildings located on expansive soils may be designed in accordance with the provisions of Division III or such other engineering design based upon geotechnical recommendation as approved by the building official. For residential -type buildings, where such an approved method of construction is not provided, foundations and floor slabs shall comply with the following requirements: " 1. Depth of foundations below the natural and finish grades shall be not less that 24 inches for exterior and 18 inches for interior foundations. "2. Exterior walls and interior bearing walls shall be supported on continuous foundation. "3. Foundations shall be reinforced with at least two continuous one -half-inch diameter deformed reinforcing bars. One bar shall be placed within four inches of the bottom of the foundation and one within four inches of the top of the foundation. "4. Concrete floor slabs on grade shall be cast on a four -inch fill of coarse aggregate or on a moisture barrier membrane. The slabs shall be at least three and one- half inches thick and shall be reinforced with welded wire mesh or deformed reinforcing bars. Welded wire mesh shall have a cross-sectional area of not less than five - hundredths square inch per foot each way. Reinforcing bars shall have a diameter of not 12 less that three -eights inch and be spaced at intervals not exceeding 24 inches each way. "5. The soil below an interior concrete slab shall be saturated with moisture to a depth of 18 inches prior to casting the concrete. Section 1503 - Amended. "Section 1503 of the Uniform Building Code as heretofore adopted, hereby is amended to read, in words and figures, as follows: "Roof Covering Requirements. "Section 1503. The roof covering on any structure regulated by this code shall be specified in Table No. 15-A and as classified in Section 1504. "The roof -covering assembly includes the roofdeck, underlayment, interlayment, insulation and covering which is assigned a roof -covering classification. "Roof Coverings Within Fire Zones. "Unless governed by more stringent requirements of this law, roofs on all buildings within all areas designated as Fire Zone 4 by the Los Angeles County Fire Protection District, and approved by the City Council, shall have at least a Class A roof covering. "1. Section 1503 is applicable to new buildings and to existing buildings when twenty-five percent (25 %) or more of the roof area is reroofed within a one-year period after issuance of a building permit. "2. Section 1503 is not applicable to existing buildings under the operation of a license or which owners have made applicable for licensure issued by the California Department of Social Services or the California Department of Health Service. "EXCEPTION: Existing buildings that have twenty-five percent (25 %) or more of the roof area reroofed within a one-year period after the issuance of the building permit or after commencing construction, are required to be fire retardant by other provisions of this code. "3. The installer of the roof covering shall provide certification of the roof covering classification to the building owner and, when requested, to the inspection authority having jurisdiction." 13 Section 1504 - Amended. "Section 1504 of the Uniform Building Code, hereby is amended by the deletion of subparagraph 1504.5 thereof and the addition of a new subparagraph 1504.5 to read, in words and figures, as follows: "1504.5 EXCEPTION: Except as required within Section 1503 of the Uniform Building Code, as adopted by the City Council of the City of Diamond Bar, and notwithstanding any other provision of this Code, any existing roof covering not in conformity with this Section may be repaired by the use of similar non -conforming roof covering materials where the repair thereof does not exceed twenty-five percent (25 %) of the existing gross roof area; provided, however, that the twenty-five percent (25 %) exception provided hereunder may be utilized only once in any twelve (12) month period time. " Table No. 15-A - Amended. "Table No. 15-A - Minimum Roof Classes of the Uniform Building Code, as heretofore adopted by this Council, hereby is amended by deleting therefrom any and all references to "NR - Nonrated roof coverings" and substituting therefor "C - Class C roofing. " Section 904.2.2 - Added. "Section 904.2.2 of the Uniform Building Code hereby is amended by the addition of a new subsection (6) to read, in words and figures, as follows: "Section 904.2.2. In buildings over three stories in height; provided, however, the respective increase in area and in height specified in Sections 505 and 506, and the substitution for one-hour fire -resistive construction specified in Section 508 shall be permitted. For the purposes of this subsection the Building Official may consider a basement as a story where the basement would have originally been considered a story except for fill being placed against the building. In making this determination the Building Official shall consult with the fire department. Section 3308 - Amended "Section 3308 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended by addition to and modification of definitions therein to read, in words and figures, as follows: "BUILDING OFFICIAL. Whenever in Chapter 33 (Appendix) the term `building official" is used, said term shall mean, and all powers and duties to be exercised by the building official shall be vested in, the city engineer of the City of Diamond Bar. 14 "ENGINEERING GEOLOGIST shall mean a person experienced and knowledgeable in engineering geology and holding a valid certificate of registration as a geologist issued by the State of California. "LANDSCAPE ARCHITECT shall mean a person holding a valid certificate of registration as a landscape architect issued by the State of California. "SOILS ENGINEER (GEOTECHNICAL ENGINEER) shall mean a civil engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering and holding a valid certificate of registration as a soil (geotechnical) engineer issued by the State of California. Recommend the following be included in the proposed ordinance as it amends Chapter 33 (Appendix) of the Uniform Building Code: Section 3306 - Amended Section 3306.3 - Added "Section 3306.3 hereby is amended by adding subsection 3306.3, 3306.3a and 3306.3b of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection to read, in words and figures, as follows: "Section 3306.3 Other Permits Required and Jurisdiction of Other Agencies. "Section 3306.3.a Other Permits Required. Permits issued under provisions of this Chapter 33 (Appendix) convey no right to erect any foundation, structure or building, or construct any swimming pool, spa or hot tub, or do any plumbing work, or do any electrical work. Regular foundation, structure or building; swimming pool, spa or hot tub; plumbing; electrical or other permits shall be secured for all such work. "Section 3306.3.b Jurisdiction of Other Agencies. Permits issued under provisions of this Chapter 33 (Appendix) shall not relieve the owner of the responsibility for securing permits, licenses or approvals that may be required from other departments or divisions of the governing agencies. Section 3307 - Amended "Section 3307 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended by adding subsection 3307.1, 3307.2, and 3307.3 to read, in words and figures, as follows: Section 3307.1 - Added "Section 3307.1. Hazardous Conditions. Whenever the city engineer determines that any existing excavation, embankment or fill has become a hazard to life and limb, or 15 endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the city engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard. Section 3307.2 - Added "Section 3307.2. Maintenance of Protective Devices and Rodent Control. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to issuance of such permit. Section 3307.3 - Added "Section 3307.3. Correlation With Other Sections. The provisions of this section are independent of the provisions of Division 9, Building and Property Rehabilitation Code of Title 15 of the Diamond Bar City Code. Section 3309 - Amended Section 3309.1 - Amended "Section 3309.1 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended to read, in words and figures, as follows: "Section 3309.1. Permits Required. Except as exempted in Section 3306 of this Chapter 33 (Appendix), no person shall do any grading without first obtaining a grading permit from the city engineer. A separate permit shall be required for each site, and may cover both excavations and fills, except that a grading permit may be issued for a site to include incidental minor work outside the site on contiguous property, provided that the owner of such contiguous property has filed with the city engineer written consent to the work. Such consent shall include a statement that the owner will irrigate and maintain planted slopes and maintain drains located within his property and the owner will hold the City of Diamond Bar free and clear of any liability for damages do to the proposed work. Section 3309.2 - Amended "Section 3309.2 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended to read, in words and figures, as follows: UP "Section 3309.2. Application. The provisions of Section 302 of the Uniform Administrative Code, as duly adopted, are applicable to grading and in addition the application shall state the estimated quantities of work involved. Section 3309.3 - Amended "Section 3309.3 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended to read, in words and figures, as follows: "Section 3309.3. Grading Designation. Grading involving any fill intended to support structures, or grading for the development of more than one lot or parcel, or grading in excess of 1,000 cubic yards, or grading which includes excavation or fill in excess of 5 feet in depth or height shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as ' engineered grading". All other grading shall be designated as ' iegular grading" unless the permittee chooses to have the grading performed as 'engineered grading" or unless the city engineer determines that special conditions or unusual hazards exist, in which case grading shall be designated as and conform to the requirements of 'engineered grading". Section 3309.9 - Amended "Section 3309.9 of Chapter 33 (Appendix) of the Uniform Building Code hereby is amended to read, in words and figures, as follows: "Section 3309.9. Issuance. The provisions of Section 303 of the Uniform Administrative Code, as duly adopted, are applicable to grading permits. The city engineer may require that grading operations and project designs be modified if delays occur which incur weather -generated problems not considered at the time the permit was issued. The city engineer may require professional inspection and testing by the soils engineer. When the city engineer has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading. Section 3309.10 - Added "Section 3309.10 hereby is added to Section 3309 of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection to 3309.10a, and 3309.10b read, in words and figures, as follows: "Section 3309.10 Denial of Permit. "Section 3309.10.a. Flood and Geologic Hazards. The city engineer shall not issue a grading permit in any case where he finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in any area determined to be subject to flood or geologic hazard under provisions of Chapter 3 of the Uniform Administrative Code, as duly adopted and amended. 17 3 of the Uniform Administrative Code, as duly adopted and amended. EXCEPTION 1: This prohibition shall not apply when provision is made to eliminate such flood or geologic hazard to the satisfaction of the city engineer under the provisions of Section 310, Chapter 3 of the Uniform Administrative Code, as duly adopted and amended. EXCEPTION 2: This prohibition shall not apply when grading work in an existing drainage course is designed to meet all requirements for grading in drainage courses under the City's Hillside Management Ordinance and provision is made to the satisfaction of the city engineer to adequately collect, convey and discharge flows through the project without increasing erosion or deposition of debris or adversely affecting upstream or downstream properties. "Section 3309.10.b. Land Use. The city engineer shall not issue a grading permit for any work on the site unless the proposed uses shown on the grading plan for the site will comply with the provisions of the Zoning Code Ordinance of the City of Diamond Bar. Section 3309.11 - Added "Section 3309.11 hereby is added to Section 3309 of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection 3309. l la and 3309. l lb to read, in words and figures, as follows: "Section 3309.11. Import and Export of Earth Materials in Excess of 10, 000 Cubic Yards. "Section 3309.11.a. Transport Over Public Maintained Streets. In addition to other provisions of this code, the following requirements shall apply when earth materials in excess of 10,000 cubic yards are to be exported from or imported to a grading site by transporting such materials over a publicly maintained street. 1. The point of access to the public street shall be located as approved by the city engineer. 2. Special safety precautions, including, but not limited to, the access road approach grade and alignment to the public street, sight distance at the intersection with the public street and traffic control devices may be required by the city engineer. "Section 3309.11.b Zoning Ordinance Compliance. No grading permit shall be issued for the import or export of more than 10,000 cubic yards of earth material to or from a grading site where such work would be classified as an ' off-site transport grading project" as defined in Title 22, entitled 'honing Ordinance", of the County of Los Angeles, as duly adopted by the City of Diamond Bar, unless the project is in conformance with Title 22. 18 Section 3310 (Appendix) - Amended. "Section 3310 of Chapter 33 of the Uniform Building Code Appendix hereby is amended to read, in words and figures, as follows: "Section 3310. Grading Fees. Whenever any permit fees, plan review fees, inspection fees or other fees are required to be paid the same shall be paid in accordance with the procedures and in such amounts as established, and may be amended from time to time, by resolution of the City Council. Section 3315 - Amended Section 3315.6 - Added "Section 3315.6 hereby is amended by adding subsection 3315.6 of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection to read, in words and figures, as follows: "Section 3315.6. Overflow Protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes steeper than five horizontal to one vertical to prevent surface waters from overflowing onto and damaging the face of the slope. Gutters or other special drainage controls shall be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity. Section 3316 - Amended Section 3316.3 - Added "Section 3316.3 hereby is amended by adding subsection 3316.3, and 3316.4 of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection to read, in words and figures, as follows: "3316.3. Temporary Erosion Control Precautions. Grading operations shall be planned to avoid the rainy season, October 15 and April 15. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the city engineer. "3316.3a. The city engineer shall not issue a grading permit for any work to be commenced between October 1 of any year and April 15 of the following calendar year, unless detail plans for such work include the details of protective measures, including desilting basins or other temporary drainage control measures, or both, as may be necessary to protect the adjoining public and private property from damage by erosion, flooding or deposition of debris which may originate from the site or result from such grading operations. If grading is begun prior to October 15, all protective measures shall be installed prior to October 15. If grading is begun on or after October 15, all protective measures shall be installed before grading is begun. All protective measures shall be maintained in good working order until April 15 of the succeeding year, where grading is done between 19 October 15 and December 31, or until April 15 of the same year when grading is done between January 1 and April 15, unless their removal at an earlier date is agreed to by the city engineer. "3316.3b. Where a grading permit is issued and grading work commenced after April 15 and before October 1 of any year and the plans for such work do not include details of the protective measures described in section 3316.3.a, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed by October 15, then, on or before October 1 the owner of the site on which the grading is being performed shall file or cause to be filed with the city engineer revised detail plans which include details of the protective measures described in, and in all other respects follow, the provisions of section 3316.3.a. "3316.3c. Effect of Noncompliance. Should the owner fail to submit detail plans or fail to provide the protective measures required by sections 3316.3.a and 3316.3.b by the dates specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. Thereupon the city engineer may enter the property for the purpose of installing, by city forces or other means, the drainage and erosion control devices shown on the approved detail plans, or if there are no approved detail plans, as may be deemed necessary to protect adjoining property from storm damage, or the city engineer may cause the owner of the site to be prosecuted as a violator of this code, or he may take both actions. Section 3316.4 - Added "Section 3316.4 hereby is added to Section 3316 of Chapter 33 (Appendix) of the Uniform Building Code by addition of a new subsection to read, in words and figures, as follows: "Section 3316.4 Permanent Erosion Control. "Section 3316.4.a. Planting and Irrigation. The surface of all manufactured slopes shall be protected against damage by erosion by the installation of a permanent irrigation system and planting with ground cover, shrubs and/or trees which provide satisfactory long term erosion control. Planting and plant materials shall be specified and installed in accordance with the Hillside Management Ordinance of the City of Diamond Bar. The irrigation system shall provide adequate coverage and the proper application rate to maintain the appropriate moisture for the establishment and proper growth of the plantings installed, but the irrigation shall not saturate the slopes or cause erosion. "Section 3316.4.b. Planting and Irrigation Plans and Specifications. For grading which includes cut slopes more than 5 feet in height; or fill slopes supporting structures or more than 3 feet in height; or natural slopes disturbed more than 10 feet in surficial extent by the grading operations planting and irrigation plans and specifications shall be submitted for approval of the city engineer. For all manufactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in surficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect. 20 "Section 3316.4.c. Rodent Control. All manufactured slopes steeper than four horizontal to one vertical within a grading project adjacent to undeveloped or unoccupied land shall be protected from potential slope damage by a preventative program of burrowing rodent control. "Section 3316.4.d. Release of Security. The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of grading security, the planting shall be well established and growing on the slopes and, where required by subsection 3316.4.c, there shall be evidence of an effective rodent control program. Tables 33-A and 33-B (Appendix) - Deleted. "Tables No. 33-A and 33-B hereby are deleted from Chapter 33 of the Uniform Building Code Appendix in their entirety." 15.00.330 Penalties for Violation of Division "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 5: Amending Division 4 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 4. MECHANICAL CODE 'Sections: "15.00.510 Uniform Mechanical Code -Adopted. " 15.00.520 Amendments " 15.00.530 Penalties - Added. 21 *15.00.510 Mechanical Code - Adopted. "Except as hereinafter provided, the 1994 Uniform Mechanical Code and the Appendix thereto, published by the International Conference of Building Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Mechanical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Mechanical Code and a provision applicable to cities of the California Mechanical Code as contained in Part 4 of Title 24 of the California Code of Regulations, the provision of the California Mechanical. Code shall prevail. "15.00.520 Amendments Chanters 1,2, and 3 - Deleted. "Chapters 1, 2 and 3 of the Uniform Mechanical Code hereby are deleted, in their entirety. All administrative, permitting and related requirements of said Chapters 1, 2 and 3 of the Uniform Mechanical Code shall be governed by Administrative Division H. "15.00.530 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 6: Amending Division 5 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 5. PLUMBING CODE "Sections: "15.00.710 Uniform Plumbing Code -Adopted. " 15.00.720 Amendments 22 Section 10, 20 and 30 - Deleted. Section 318.0 - Added. Section 722.6 - Added. 15.00.730 Penalties - Added. "15.00.710 Uniform Plumbing Code - Adapted. "Except as hereinafter provided, the 1994 Edition of the Uniform Plumbing Code and the appendices thereto, published by the International Conference of Building Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Plumbing Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times maintained by the City Clerk for use and examination by the public. In the event of any conflict between the provision of the Uniform Plumbing Code and a provision applicable to cities of the California Plumbing Code as contained in Part 5 of Title 24 of the California Code of Regulations, the provision of the California Plumbing Code shall prevail. "15.00.720 Amendments Sections 10, 20 and 30 - Deleted. "Sections 10, 20, and 30 of the Uniform Plumbing Code hereby are deleted, in their entirety. All administrative, permitting and related requirements of said Sections 10, 20 and 30 of the Uniform Plumbing Code shall be governed by Chapter 15.10 of this Title. Section 318.0 - Added. "Section 318.0 of the Uniform Plumbing Code hereby is added to read, in words, and figures, as follows: "Section 318.0 All new structures shall be equipped with an additional main for future use of reclaimed water for landscape irrigation systems". Section 722.6 - Added. "A new subsection 722.6 hereby is added to Section 722 of the Uniform Plumbing Code to read, in words and figures, as follows: Subsection "722.6 No such excavation shall be left unattended at any time unless the permittee shall have first provided a suitable and adequate barricade to assure public safety" 23 15.00. 730 Penalties for Violation of Division It shall be unlawful for any person, firm, parftwrship, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 7: Amending Division 6 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 6. ELECTRICAL CODE "Sections : " 15.00.9 10 National Electrical Code - Adopted. " 15.00.920 Amendments Sections 90-1 through 90-8 - Deleted. Section 110-14 - Amended. Section 336-3 - Amended. Section 336-4 - Amended. Table No.300.5 - Amended. " 15.00.930 Penalties - Added. "15.00.910 National Electrical Code - Adopted. "Except as hereinafter provided, the 1993 Edition of the Uniform Electrical Code, including the appendices thereto, published by the National Fire Protection Association, is hereby adopted by reference with the same force and effect as though set forth herein in full and shall constitute the Electrical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Electrical Code and a provision applicable to cities of the California Electrical Code as contained in Part 3 of Title 24 of the California Code of Regulations, the provision of the California Electrical Code shall prevail. 24 -15.00.920 Sections 90-1 thrwtffi 90-19 - Deleted. "Sections 90-1 through 90-9, inclusive, of Article 90 of the National Electrical Code hereby are deleted, in their entirety. All administrative, permitting and related requirements of said Sections 90-1 through 90-9, inclusive, of the National Electrical Code shall be governed by Chapter 15.10 of this Title. Section 110-14 - Amended. "Section 110-14 of the National Electrical Code, 1993 Edition, allowing the use of aluminum conductors shall be amended to read that no aluminum conductor smaller than No. 4AWG shall be used. Whenever any aluminum is utilized as herein permitted, the applicant shall be required to obtain, at applicant's expense, a separate Certificate of Inspection from a special inspector authorized by law to provide such inspections; no certificate of inspection shall be issued until after the on-site inspection. Section 336-3 - Amended. "Section 336.3 of the National Electrical Code, 1993 Edition, is hereby amended to read, in words and figures as follows: "Section 336-3(a) Type NM. Type NM Cable shall be permitted for concealed work in normally dry location. It shall be permissible to install or fish type NM cable in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness. "Section 336-3(b) Type MNC. Type NMC cable shall be permitted: (1) for concealed work in dry, moist, damp, or corrosive locations; (2) in outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at lease 1/16 inch (1.59 mm) thick and covered with plaster, adobe, or similar finish. Section 336-4(a) - Amended. "Section 336-4(a) of the National Electrical Code, 1993 Edition, is hereby amended to read, in words and figures as follows: "Section 336-4(a) Type NM or NMC. Types NM and NMC cables shall not be used: (1) in any dwelling or structure exceeding three floors above grade; (2) as service - entrance cable; (3) in commercial and industrial buildings. For the purpose of this article, the first floor of a building shall be that floor that has fifty percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. 25 Section Table No. 300.5 - Amended. "Table No. 300-5 of said National Electrical Code, 1993 Edition is hereby amended to read, in words and figures, as follows: "15.00.930 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. "Amending Division 7 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 7. UNIFORM HOUSING CODE "Sections: " 15.00. 1110 Uniform Housing Code- Adopted " 15.00.1120 Amendments Chapters 1, 2 and 3 - Deleted " 15.00.1130 Penalties - Added "15.00.1110 Uniform Housing Code- Adopted. "The "Uniform Housing Code", 1994 Edition, hereby is adopted in its entirety as the Housing Code of the City of Diamond Bar, together with the amendments, additions, deletions and exceptions set forth in this Division. " 15.00.1120 Amendments. W Chanters 1, 2. and 3 - Deleted. "Chapters 1, 2, and 3 of the Uniform Housing Code hereby are deleted, in their, entirety. All administrative, permitting and related requirements of said Chapters 1, 2 and 3 of the Uniform Housing Code shall be governed this Division. " 15.00.1130 Penalties for Violation of Division It shall be unlawful for any person, firm, parhiership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 9: "Amending Division 8 of Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: DIVISION 8. UNIFORM SWIMMING POOL AND SPA AND HOT TUB CODE W-7-111 4 1 _ "15.00.1310 Uniform Swimming Pool Spa and Hot Tub Code -Adopted. " 15.00.1320 Part 1 - Deleted. " 15.00.1330 Penalties - Added. "15.00.1310 Uniform Swimming Pool, Spa and Hot Tub Code - Adopted. "The "Uniform Swimming Pool, Spa and Hot Tub Code", 1994 Edition, hereby is adopted in its entirety as the Swimming Pool, Spa and Hot Tub Code of the City of Diamond Bar, together with the amendments, additions, deletions and exceptions set forth in this Division. 27 "15.00.1320 Part 1 -Deleted. "Part 1 of the Uniform Swimming Pool, Spa and Hot Tub Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Part 1 of the Uniform Swimming Pool, Spa and Hot Tub Code shall be governed by Division 2. "15.00.1330 Penalties for Violation of Division It shall be unlawful for any person, firm, parfimrship, or oorporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Appendix 1 of the Building Conservation Code: Adopted "Except as hereinafter provided, Appendix 1 of the 1994 Uniform Code for Building Conservation, published by the International Conference of Building Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute Appendix 1 of the Building Conservation Code of the City. A copy of such Appendix has been deposited in the of the City Clerk and shall be at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between a provision applicable to cities of the Appendix 1 of the Building Conservation Code and a provision of the California Building Conservation Code as contained in Part 10 of Title 24 of the California Code of Regulations, the provision of the California Building Conservation Code shall prevail. Section 10: "Amending Division 9 of Title 15 of the Diamond Bar City Code to read, in words and figures as follows: DIVISION 9. BUILDING AND PROPERTY REHABILITATION CODE " 15.00.15 10 Building and Property Rehabilitation Code - Adopted " 15.00.1520 Amendments 28 (k) Garbage containers and receptacles stored in front or side yards visible from public streets, except when placed in areas for collection not earlier than sunset of the day preceding the designated day for collection, and all containers and receptacles shall be removed from the place of collection prior to 10:00 p.m. of the day the containers and receptacles have been emptied. "Section 9906 is deleted in its entirety. "Section 9927 is amended to read in words and figures as follows: "Section 9927. The costs involved in the demolition or other work by the county engineer, including in addition to other costs the applicable processing costs as set forth in Resolution 91-54 (fee schedule), shall become a special assessment against the property. "15.00.1530 Penalties for Violation of Division It shall be unlawful for any person, firm, parawrship, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 11. The modifications to the Building Code that have been enacted are merely a continuation of the Uniform Building Code, and all of the changes and modifications to the Building Code, whether previously enacted or enacted in this ordinance, are reasonably necessary because of local climate, characterized by hot, dry summers, followed by strong Santa Ana winds and heavy winter rains, the location in Southern California, and the relataively (flat) (hilly) topography of the City as more particularly set forth in Resolution No. Section 12. The numbering of the 1994 editions of the Uniform Building Code, the Uniform Mechanical Code and the Uniform Plumbing Code has been completely revised from earlier editions. All references to the Uniform Building Code and the Uniform Mechanical Code in the Articles of the Code which are not amended by this or a subsequently enacted ordinance shall refer instead to the appropriate section or sections of the 1994 Uniform Building Code or the Uniform Mechanical Code as determined by the 1991/1994 Cross -Reference Directory to the Uniform Building Code and the Uniform Mechanical Code, published by the International Conference of Building Officials. All references to the Plumbing Code in sections of the Diamond Bar City Code which have not been amended by this or a subsequently enacted ordinance shall refer instead to the appropriate section or sections of the 1994 Plumbing Code as determined by the Format 30 Comparison Chart located at the beginning of the 1994 Plumbing Code. Section 13. State law requires that localities adopt the Uniform Building Codes and any modifications thereto, by December 28, 1995. It is essential that the City have in effect on that date a building code that comports with state law and contains those modifications necessitated by unique geographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the building code unique to the City's special circumstances will not be in place and this will have a detrimental effect on the public health, safety and welfare. The modifications to the Uniform Building Code contain vital provisions regarding administrative procedures, roofing materials, sprinkling requirements, and other similar matters necessitated by the City's exposure to Santa Ana winds and its limited rainfall in summer and fall months. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This is an urgency ordinance. Section 14. This ordinance shall be effective upon adoption and shall become operative on December 28, 1995. PASSED, ADOPTED AND APPROVED this _ day of .1995. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing 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: ATTEST: 31 City Clerk City of Diamond Bar September 14, 1995 Page 6 T&T commission approaching motorists additional visibility. In response to C/Virginkar, Chair/Istik stated that it is likely the intersection would not qualify for a traffic warrant study because of its proximity to the freeway on and off -ramp. The volume of traffic would be very low because it is a cul-de-sac. A motion was made by C/Ortiz and seconded by C/Gravdahl to recommend immediate action to install a "Do Not Block Intersection" pavement marking on eastbound Golden Springs Drive at Gona Court. The motion was approved 4-0 with the following roll call: AYES: COMMISSIONERS: Ortiz, Gravdahl, Virginkar, Chair/Istik NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Leonard VI. OLD BUSINESS: B. overnight Parking. Chair/Istik declared the public meeting open. Al Rumpilla, 23958 Golden Springs Drive, recommended that the Traffic and Transportation Commission table this agenda item. If this Commission feels it needs to make a recommendation to the City Council, the recommendation should be that there is no good reason to change the ordinance at this time or in the future. He stated he cannot understand why Mr. Todd Chavers requested that this item be added to the agenda when he is no longer a member of this community. Mr. Chavers knows that this is and always has been an issue that divides this City. Mr. Rumpilla indicated he had spoken to this Commission in October, 1991 regarding this issue. There were approximately 200 people in attendance who supported his position. In addition, he stated he had turned in a petition with 300 signatures which opposed "no overnight parking". He presented a copy of the petition containing 148 signatures. He stated the other 152 signatures are on a document which the City has in its possession. When he requested a copy of the original document, he received only the portion with the 148 signatures. He also presented a tape copy of the 1991 meeting during which the attendees spoke in opposition to -UnJOJ OTTgnd a uT uoTssnosTp jog AgTungaoddo up ss smagT agg sMaTn ag •buTuagea.zgg SM9 epuabe J9PTsuOO you saop au pagegs ag •„buTX.zed ggbTu.zanO ou„ oq pasoddo sjaquzam aOuaTpne OT pagou XTgsi /JTegZ) •uaXeg aq pTnogs UOT40P ou puaMM009J UOTSSTMUIOD uOTgegaodsupai PUP OTJJPJI agq gsqq papuemmooa.T ag •poTjad uOTgOaTa us buTJnp TTOunOO A4TO aqq aaogaq ggbnoaq aq qou pTnogs .zaggem sTgq gegg UOTSSTUIUIOD agg buTSTnpe Aq papnTOuoo eTTTduzng * jN • zauTgJPW P9Jd pus aTXTQ pua 'AaTaagM gbng MOJ; ,buTX-ied ggbTU-TanO OU,, og uoTgTsoddo go aouapTna se s.aaggaT TeuOTgtppe paguasajd eTTTdmnu *jw • saIDTgan aTagq anouzaJ og paOJOJ aq qou pTnOM SaauMO pua asneTO „gasuns„ -To ,,aagg23pule ab„ agg zapun TTe3 saToTgan TeuOT4eaJO9J gegg AauaoggV 4OTa4STQ e Aq PTog sem aq gsqq pagegs Jag4Jn3 ag • Sa9UMO aTOTgan UOT4P9aOaJ UIOJJ anuanaJ 3o SSOI 18JJns pTnOO A4TO aqg 'pagOeua ST aOueuTPJO „buTXapd ggbTUa9AO ou„ aqg 3T gPqq pagegs eTTTduzng -jW •pansST aq TTTM aTOTgan gg3T3 e jog gTuijad auo 'aaueTTdutoo uoda •saTOTgan TeuOTgTppe Omq agepouMODOe gsnul ea.ze APManTJP aqg 'UOTgTppe UI •saToTgan OMg agepoutuiOOOe gsnul goTgM ea.ze abPaPb aTagg Jo UOTgoadsuT oq goaCgns ST jaumo Agjadoad e 'gTmaad a .zo3 AJTTenb oq japao ui •uzagsA; gTuzzad a pagdope aneq saTgTO AUPM gsqq pagegS eTTTduzng * jw • aoueuTPJO ,bUTXjpd ggbTU.zano ou„ e pagdope A4TO aqg 3T paX.zed aq pTnom saTOTgan asagq aJ9gM paUOTgsanb ag • ggbTu gOea .zeg puouzeTQ go sgaajgs aqg uo paX.zed saTOTgan 000 9 3o uznUITuTul a a.ze aaagq sanaTTaq aq pagegs eTTTduzng * Jw • aOueuTPaO ,bUTXjpd ggbTUJ9AO ou„ a 3O .zone3 UT asogq Aq p90TOA SUOTgengTS as.zanpe aqq 90 TIP ssa.zppe 'uoTuTdo STg uT 'pus aTgeaojojue 9aP gOTgM SapoO OTOTgan pagToa. ag •40aJ99 uT ATguaJJnO suOTgTQTgojd bUTx.zed aqg oq UOTSSTUIUIOD aqq P9JJ9j9a eTTTdmng -jW • „buTX.zed ggbTUJano OU,, buTsoddo se paooaj aqq oquT pajaque aq auzeu sTq gsqq pagsanbaa SUTXTeO pag pagegs aq 'UOTgTppe UI •epTnx UATana mOaJ J9449T PaTgg aqq PUP 'Tnea MTE 'agePTPueO TTOunOO AqTD moij aaggaT puoOas aqg ! e.zaJJag TOaPD ' agepTpueO TTounoo AgTO moag auO : aoueuTPJO ,bUTXjpd ggbTUJano OU,, aqq Og uOTgTsoddo uT s.zaggaT aaJgq paggTuzqns PTTTdutng • zyi •„buTXlapd ggbTuaano OU,, UOTssTMMOO IIs L abed 566T 'vT aec[megdes September 14, 1995 Page 8 T&T commission Martha Bruske stated she favors a ban on overnight parking. She indicated she felt that the City had not given sufficient notice of this agenda item. Poor communication is one of the biggest problems in Diamond Bar. In her opinion, this issue is important and perhaps should go to a vote of the people. Prior to making a recommendation, the Commission should provide comparative statistics and data from other cities for consideration. She stated she believes the City's staff has a tendency to obtain data from El Monte. She further stated Diamond Bar is not E1 Monte and does not aspire to be El Monte. The data should come from Claremont, LaVerne and Bradbury. People used to think Diamond Bar was an upscale community. A little driving around will tell you that Diamond Bar should take a look at what is occurring in the City. The data that staff collects should include procedures for making exceptions such as accommodating occasional overnight guests. Crime statistics should be collected as a part of this study because she feels that if there are not a lot of cars on the streets at night, crime is reduced. It appears the Commission does not have enough information to proceed. In addition, there has not been sufficient community input. Ms. Bruske stated the residents who cannot park their vehicles in their garages because they are filled with miscellaneous items are not victims, they are perpetrators. The City suffers because buildings have been built without mandating adequate parking. She indicated that people have a tendency to leave their driveway areas clear and park their vehicles on the street, sometimes in front of their neighbor's house. In her opinion, the garage and the driveway belong to the property owner. It is the property owner's responsibility to maintain these areas as described by City standards. The street is owned and maintained by all taxpayers. A restriction on parking is not an infringement of rights. Emergency vehicles can travel more safely and rapidly, and emergency personnel can spot curb numbers more easily and function more effectively with an uncluttered working area. She stated that in her 20 years of residency which includes six years of Cityhood, she has watched her neighborhood systematically deteriorated. In fact, she has watched entire sections of the City deteriorated. She challenged everyone present to visit the area bounded by Prospectors Road, Golden Springs Drive, Diamond Bar Boulevard and the SR 60 Freeway around 7:30 p.m. to 8:00 a.m. She stated the area is a big -rig parking lot. She referred to the dead-end area of Gentle Springs Lane September 14, 1995 Page 9 T&T commission west of Diamond Bar Boulevard as a potentially hazardous area. Ms. Bruske asked the Commissioners to take advantage of the opportunity presented to them to restore City pride. She encouraged them to take the first step and ban overnight parking on the City's streets. Frank Dursa stated that, in his view, a ban on overnight parking is the taking of the citizen's rights. He reminded the Commission about the negative responses by the citizens in October, 1991 to the proposed ban. Sgt. Rawlings responded to Frank Dursa that the Sheriff's Department does not enforce the "no -overnight parking" in the County areas. Nancy Villalobos, a Diamond Bar citizen, stated she is a 15 - year resident. She further stated she prefers the City make no changes to the parking ordinance. She perceives the proposed ban on overnight parking to be a form of control. In her opinion, it would add an additional financial burden and inconvenience to all recreational and sports vehicle owners. She recommended the Commission table the matter. Oscar Law stated he is opposed to the ban on no -overnight parking. The current ordinances respond adequately to improper parking of vehicles and he sees no reason to change the law. He urged the Commission to table the matter. Steve Nice referred the Commission to a letter from City Council candidate Don Schad in opposition to the ban on no overnight parking. Mr. Nice stated that when Diamond Bar was built, the developers built homes which envisioned street parking. He reiterated that in today's economy, children return home to live with their parents. Most properties have two car garages and, therefore, there are more cars than available space. Charging for parking permits is another method of taxing the citizens of Diamond Bar. He suggested that the Commission table the issue and not bring the matter back to the public. DDPW/Liu responded to C/Ortiz that this matter was requested by C/Chavers with the Commission's concurrence. C/Chavers felt that the City has lost some of its appeal because of the abuse of the street parking. It was important to provide a public firum such as the Traffic and September 14, 1995 Page 10 T&T commission Transportation Commission for public consideration. C/Ortiz stated that the current laws should be enforced to control the situation. A motion was made by C/Ortiz and seconded by C/Gravdahl to table Item VI B. Overnight Parking. Chair/Istik stated that he has mixed feelings on this item. The City streets were originally planned to carry traffic and to accommodate some parking. C/Chavers had commented that some people abuse the privilege. Chair/Istik indicated he does not view this as an attempt for the City to generate revenue. In his opinion, this would be an attempt to maintain greater sight distance. He cited an instance in which his neighbor, upon backing his motorcycle out of his driveway into the street, was hit and killed by an oncoming vehicle. The point could be made that if cars were not parked on the street, he might have seen and been seen by the approaching motorist. This may or may not be the case. However, with more cars on the street, less sight distance is available. In his opinion, most drivers do not drive slower on residential streets when there are cars parked on the street and the site distance is reduced. He stated that, as an engineer, he has safety concerns. He agrees that other city's policies should be investigated. He stated that the matter is best tabled until after November so that the issue is not politicized. He indicated he would support the motion that is on the table. C/Gravdahl stated he has called the Sherrif's Department regarding trailers illegally parked on his street. Although the trailers were ticketed, they were not moved and no further action was taken. He indicated that a clean-up of illegally parked trailers and vehicles would make a significant difference in the street parking. Chair/Istik stated that some areas of the City do not benefit from street sweeping because of the vehicles parked on the streets. The motion was passed 3-1 with the following roll call: AYES: COMMISSIONERS: Ortiz, Gravdahl, Chair/Istik NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Virginkar ABSENT: COMMISSIONERS: VC/Leonard September 14, 1995 Page 11 T&T Commission V. CONSENT CALENDAR (Continued): A. Request to install a crosswalk on Copley Drive adjacent to entrance to Diamond Bar City Hall. (Continued from August 10, 1995.) DDPW/Liu stated staff recommends, based upon safety concerns and numerous studies conducted regarding the request, that the Traffic and Transportation Commission deny the request to install a crosswalk on Copley Drive adjacent to the driveway entrance to City Hall. This request was brought to City Hall by a senior citizen who has difficulty crossing Copley Drive from the bus service drop point to City Hall and is very concerned for her safety. She makes this bus trip each month to obtain her subsidized bus passes. DDPW/Liu indicated that staff spoke with the citizen regarding the use of the Dial -A -Cab service as an alternative. C/Gravdahl suggested that the management of the complex on Highland Valley Road could be authorized by the City to offer transit tickets for sale at their location since many residents of the senior citizens complex use transit services. This would avoid the necessity of having senior citizens making a monthly trek to City Hall to complete their purchases. DDPW/Liu responded to C/Gravdahl that staff will consider his recommendation as an option. A second option is to have staff visit the complex during the monthly sale period. C/Gravdahl stated his proposed recommendation may result in increased sales of transit tickets. C/Virginkar stated that, rather than denying the request, he would like to have staff monitor the street to determine the number of pedestrian crossings and report back in six months. In his opinion, the issue is whether pedestrians can safely cross Copley Drive. C/Gravdahl suggested a crosswalk gives a false sense of security and increases the potential for accidents. C/Virginkar stated he agrees with C/Gravdahl and suggested a warrant study for a traffic signal at the City Hall location. September 14, 1995 Page 12 T&T Commission Chair/Istik stated it is ironic that people must make a trip to City Hall to obtain transportation passes which necessitates a hazardous crossing. He suggested the passes could be sent through the mail. C/Gravdahl stated there should be several locations around the City for ticket sales. Chair/Istik suggested that the City encourage Foothill Transit to stop in front of the City Hall building. SE/Liu stated staff resources are limited. At this time, various options are being considered and staff will respond to the direction of the City Manager/City Council. A motion was made by C/Gravdahl and seconded by C/Ortiz to table the request to install a crosswalk on Copley Drive adjacent to the entrance to Diamond Bar City Hall. The Commission will consider the various ticket selling options to be presented by staff at the October 12, 1995 Traffic and Transportation Commission meeting. Without objection, the motion was so ordered. VI. OLD BUSINESS (Continued): A. Traffic Warrant Analysis for Diamond Bar Boulevard at Quail Summit Drive and at Montefino Avenue. DDPW/Liu stated the intersections of Diamond Bar Boulevard at Quail Summit Drive and at Montefino Avenue were studied for potential traffic signal installations as well as, flashing beacons and pedestrian crosswalks. DKS Associates has provided a copy of their study for the Commission's consideration. Mario Sanchez, DKS Associates, stated that four applicable traffic signal warrants were applied to the two intersections. DKS Associates conducted 24 hour counts on all of the approaches of the two intersections. Pedestrian counts were taken for a period of twelve hours from 7:00 a.m. to 7:00 p.m. on a Wednesday in August, 1995. In addition, accident history for the two intersections was considered. Mr. Sanchez stated the Montefino Avenue intersection meets the traffic signal warrant based on the number of P UO Snoaabupp AaaA ST gOTgM buTopd gonpuoo oq aAPq TTTM SJ90TJJO guamaoaojua Meq •Jagogoo go 4saT3 aqq uTbaq TTTM 4u9maoaO3ug •panssT aq TTTM SUOTgPgTO bUTujPm 'aaqutagdas go gguom aqq buTanp gegq pue' ppog buTSSOJO gasunS UO paTTPgsuT ATquaoaa aaaM SubTs HdW SZ aqg pagPgs SbuTTMPH •qbS 'TgppAPJD/O oq bUTpuodsag • aagM9AOH 90 xaaM gsaTi aqq ao aagogoO go pue aqg Aq uTbaq pTnogs Teas AaanTs aqs •UOTgeaapTsuOO goPaguOO 103 TTOunOD AgTO aqg Og papuammooaa aq TTTM spTq aqy •5Z aagmagdeS go xaaM aqq ao3 paTnpagos sT goaCoad sTgq jog agep buTuado pTq aqg papuodsaa nTq/MaQQ 'paTPas AaanTs aq TTTM PaaP gUTOd puOMPTQ aqg UT SgaaagS aqg uagM paxSP TgppAPaO/O : sHaNOISSINKOO Mud small 9UON - SSSNISIIS AHK •paaapao os SPM UOTgouz aqg 'uOTgoaCgo gnoggTM •TPAoaddP jog TTounoO AgTO aqq oq anuaAy OUTJaquOH gP paPAaTnog aPg puOMPTQ aOJ STsATPuV guPaaPM oT3jPas aqg aagea oq aPxuTbaTA/O Aq papuooes pup TgppAPaO/O Aq 9PPM SPM UOTgouz V •upaboad quaUanoaduzT TPgTdpo aPaA TPOST3 L66T-966T agg jog paaapTsuoo aq og TTounoO AgTO og anuaAV OUTJ94UON gP paPAaTnog aPg puoatPTQ uO TPUbTS oT33Pa4 P buTTTPgsuT 30 uoTgppuauzuzooaa ,sa4PTOOSSV SXQ paPMaO3 uOTSSTUIUIO, uOTgPgaodsupas pup OT33Pas aqq 4Pg4 SpuaunuOOaa 3JP4S gPgg xtgSJ/aTPgO og papuodsaa nT'I/MdQQ •goaCoad 4uam9AoadmT TPgTdpo apaA TPOST3 L66T-966T agq aOJ uOTgPaapTsuoo aapun TTOunOO AgTO aqg Og papaPMaoj aq TTTM gT 'ggbTuoq uOTSSTumzoo uoTgPgaodsuPas pup OTjjPal aqq Aq panoaddp pup paMaTAaa ST U194T STgq 3I •aP9A TPOST3 quaaano agq aO3 paTnpagos eap SUOTgpoOT aaagg asags •aATaQ OUTUIOTPd gP paPAaTnog aPg puOtUPTQ PUP 'aATaQ auanogTeO gP aATaQ sbUTads uapTOO 'aATaQ gsnapTOO gP paPAaTnog aPg pUOUIPTQ aaP UOT4PTTP4suT sTPubTs OTJJPaq aOJ SUOTgPOOT aaagq dog aqq gpgq TgppAPaO/D og papuodsaa nTq/MdQQ •IIIA 'IIA •gOT buTxapd aqq uT saTOTgaA go buTnanb Jog aTgPTTPAP qOU ST abPaogS agPnbapP 'aao3aaags •qOT buTxapd P sguoaJ UOTgoasaaquT aATaQ gTuzuzns TTPnO aqq 90 baT auO •uoTgPOOT aqg qP squapTOOP uoisstunIIoO 131 £T abEd 966T 'tT aegmegdes September 14, 1995 Page 14 T&T Commission residential street. There are a number of streets in Diamond Bar that are in the same category as Sunset Crossing Road. Previously, the Sheriff's Department had a survey on Sunset Crossing Road that allowed enforcement and that enforcement tool has been taken away. In response to Chair/Istik, Sgt. Rawlings stated his recommended solution is as it was before - that the City should not take away law enforcement's ability to use radar on such streets. Chair/Istik stated that the Commission's action was to reduce the speed limit to the prima facia 25 MPH on those streets that would not qualify as a speed trap and radar could still be utilized. He indicated he did not recall applying it to streets that would prohibit the use of radar. C/Gravdahl stated he concurs with Chair/Istik. He indicated that Palomino Drive was the street considered for the 25 MPH prima facia where stop signs could be placed at intersections so that the streets could still be enforced with radar. He further stated he does not recall consideration of Sunset Crossing Road for 25 MPH prima facia. C/Gravdahl recommended that the Traffic and Transportation Commission reconsider Sunset Crossing Road as an agenda item for the October 12, 1995 meeting. Sgt. Rawlings stated that he recalls that all streets in the City that were posted 30 MPH or more would be returned to 25 MPH prima facia. Craig Clute, 21217 Fountain Springs Drive, stated there were two streets that were excluded from the change. He indicated he does not recall the street in question and he will have to check his notes. C/Gravdahl stated Prospectors Road was one street that was not being changed to 25 MPH prima facia. Mr. Clute stated he has not seen the speed trailer in the area. He further stated he measured the speed limit sign height on Fountain Springs Road and Cold Spring Lane. They are over 10 feet at the center of the sign and they are smaller than the signs previously Page 15 T&T CommissionPa September 14, 1995 g posted. He is concerned that the signs may not be visible to the motorists. C/Ortiz stated that his neighbors have told him they have noticed the new signs. He has noticed the new signs and he does not feel there is a problem with the height or size of the signs. DDPW/Liu responded that the State of California requires a minimum height of 7 feet for all traffic control signs. He indicated he will discuss this issue with Mr. clute. Xi. ADJOURNMENT Chairman Istik declared the meeting adjourned at 9:15 P.m - Respectfully, David G. Liu Secretary Attest: Jack Istik Chairman CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION OCTOBER 12, 1995 CALL TO ORDER: Vice Chair Leonard called the meeting to order at 7:00 p.m. at the South Coast Air Quality Management District (SCAQMD) Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance By Commissioner Gravdahl. ROLL CALL: Commissioners: Vice Chair Leonard, Commissioners Ortiz and Gravdahl Absent: Chairman Istik, Commissioner Virginkar Staff: Deputy Director of Public Works, David Liu; Administrative Assistant, Tseday Aberra; Sergeant Rawlings; and Recording Secretary, Carol Dennis II. APPROVAL OF MINUTES: A. Meeting of July 13, 1995, meeting of August 10, 1995 and meeting of September 14, 1995- A motion was made by C/Ortiz, seconded by C/Gravdahl to table the approval of minutes of July 13, 1995, August 10, 1995 and September 14, 1995 to the November 9, 1995 meeting. Without objection, the motion was so ordered. III. COMMISSION COMMENTS: C/Ortiz stated he received a request from St. Denis Catholic Church to allow street parking by parishioners in front of the church on Saturday, November 18, 1995. DDPW/Liu responded that he would coordinate the request. IV. PUBLIC COMMENTS: Craig Clute, 21217 Fountain Springs Road, stated his concerns regarding striping on the north side of Pathfinder Road bridge. He reiterated his understanding that the 25 MPH Prima Facia Ordinance applies to every street in the city, whether or not it October 12, 1995 Page 2 TAT Commission is posted. He advised the Commission that cart racks have been installed in the fire lanes in front of K - Mart. He further stated his concerns for the traffic problems generated by the Calvary Chapel parishioners. He suggested officers be assigned to control traffic at peak hours. C/Gravdahl responded to Mr. Clute that the area of Sunset Crossing Road that qualifies for the 25 MPH posted speed is from Golden Springs Drive to Del Sol Lane. The balance of Sunset Crossing Road has been speed surveyed at 30 MPH. The correct 30 MPH signs have replaced the 25 MPH signs which were incorrectly posted. As a result, law enforcement can return to the use of radar. DDPW/Liu stated that, pursuant to the California Vehicle Code, a local or residential street is defined as follows: The street must be not more than 40 feet wide; the street must have one travel lane in each direction; and the street cannot be more than one-half mile long. The streets which meet this criteria fall into the 25 MPH prima facia category. For those residential streets that do not meet those three conditions, the City conducts a Speed Zone Survey study. Sunset Crossing Road was previously studied. Because there are no cross streets between Del Sol Lane and Diamond Bar Boulevard, from an enforcement perspective, Sunset Crossing Road must be enforced in accordance with the Speed Zone Survey. Sgt/Rawlings stated that, in addition to Sunset Crossing Road being a residential street, it is also a collector street. He indicated that if the street was posted 25 MPH, law enforcement could tag approximately 90% of the drivers using the street. As a result, the City would be inundated with excessive enforcement complaints. He further stated that, in his opinion, 30 MPH seems to be a more reasonable speed for enforcement on Sunset Crossing Road. Sgt/Rawlings responded to C/Ortiz that the Walnut Sheriff's Department contracts with Calvary Chapel for traffic control at peak hours. The City of Diamond Bar required Calvary Chapel to hire special event deputies. He indicated he would research the matter and report back to the Commission regarding the deputies' specific October 12, 1995 Page 3 T&T Commission V. assignments. DDPW/Liu responded to Mr. Clute that the cross -hatch area was striped on the north side of the bridge on Pathfinder Road. There have been no complaints regarding congestion on the south side of Pathfinder Road for eastbound traffic. Regarding the K -Mart shopping center parking standards, he indicated that staff would forward thismatter to the fire department and the City's Planning Department. Mr. Clute stated that, in his opinion, the south side of Pathfinder Road bridge should be striped. He further reiterated that Sunset Crossing Road should be posted 25 MPH. CONSENT CALENDAR: A. Request to install a crosswalk on Copley Drive adjacent to entrance to Diamond Bar City Hall. Continued from August 10, 1995. Recommended Action: Deny the request to install a crosswalk on Copley Drive adjacent to the driveway entrance to City Hall. A motion wa C/Ortiz to the request adjacent to The motion roll call: AYES: NOES: ABSTAIN: ABSENT: s made by M/Gravdahl and seconded by accept staff's recommendation to deny to install a crosswalk on Copley Drive the driveway entrance to City Hall. was approved 3-0 with the following COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Gravdahl, Ortiz, VC/Leonard None None Chair/Istik, Virginkar B. Request to install stop signs at the intersection of Santaquin Drive and Oxbow Court. Recommended Action. Deny the request to install stop signs at the intersection of Santaquin Drive and Oxbow Court. Staff recommends instead, the installation of "Watch Downhill Speed" signs on October 12, 1995 Page 4 T&T Commission Santaquin Drive. VC/Leonard invited public comments. Marie Buckland, a Diamond Bar resident, stated she is concerned with the speeding vehicles and the cut -through traffic on the streets in question. She asked the Commission to act to resolve the situation and prevent a major accident. DDPW/Liu responded to C/Gravdahl that Santaquin Drive is a 64 foot wide collector street. Staff looked at installing a stop sign on Santaquin Drive and Oxbow Court. However, this intersection does not meet any of the criteria established by the State. Staff recommends the installation of "Watch Downhill speed" signs. In addition, he recommended that 25 MPH warning signs be installed along Santaquin Drive. C/Ortiz stated that he would like to see a stop sign installed at the intersection of Santaquin Drive and Oxbow Court. Responding to C/Gravdahl, DDPW/Liu stated this intersection has not been reviewed by a traffic engineer. State requirements are the basis for staff's recommendation. He indicated that a stop sign would not be warranted for this location. However, a stop sign may be warranted for the intersection of Santaquin Drive and Silver Hawk Drive. C/Gravdahl made ,a motion, seconded by C/Ortiz to have the City conduct a warrant study to consider the possibility of a stop sign at the intersection of Silver Hawk Drive and Santaquin Drive. In addition, the City should act immediately to install "Watch Downhill Speed" and 1125 MPH speed" signs and pavement striping at the curves. The motion was approved with the following roll call: AYES: COMMISSIONERS: Gravdahl, Ortiz, VC/Leonard NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Istik, October 12, 1995 Page 5 T&T Commission Virginkar DDPW/Liu stated the City will install the "Watch Downhill Speed" and 1125 MPH speed" signs immediately. The warrant study for the stop sign at the intersection of Silver Hawk Drive and Santaquin Dr., and the pavement striping at the curves will be researched and the results brought back before the Commission as a future agenda item. V. OLD BUSINESS A. Feasibility of converting Country View Drive at Grand Avenue into a cul-de-sac. Recommended Action: Discuss the feasibility of converting Country view Drive into a cul-de-sac and deny the request. VC/Leonard invited public comment. Hubert Wilson, 23649 Country View Drive, presented a chronological history of the events leading to the current traffic problems experienced by the residents of Country View Drive and the surrounding areas. In particular he cited the Chino Hills cut -through traffic on Diamond Bar Boulevard and Grand Avenue. He stated that because Diamond Bar was not a city at the time of the County referendum to open Grand Avenue, the interests of the residents were not represented. He further stated he and his neighbors continue tc suffer the effects of increased cut -through traffic, noise and toxic fumes which threatens the property values, the children, the pets and the adult residents. He cited the unlawful right turns by cut -through motorists from Rolling Knoll Road onto Grand Avenue as one of the solutions by the Commission which has not solved the greater problem. In fact, this solution has created an inconvenience to the residents who abide by the "No Right Turn" signs and go out of their way to reach Grand Avenue. He stated that, in his opinion, the cul-de-sacing of Country View Drive is a real solution to the problem of protecting the residents. In addition, he requested the October 12, 1995 Page 6 T&T Commission Traffic and Transportation Commission to consider sound walls for Grand Avenue. He implored the Commission to reconsider staff's recommendation and grant the request to cul-de-sac Country View Drive. Larry Rockwell, 23708 Country View Drive, a fireman, stated that the cul-de-sacing of country View Drive will not create a problem for emergency vehicle services. He concurs with Mr. Wilson and stated that motorists travel at a much higher rate of speed than 25 MPH on Rolling Knoll Drive. Karen Mahoney, 23834 Country View Drive, stated that while her husband was jogging near the Grand Avenue/Diamond Bar Blvd. intersection 27 weeks ago, her husband was killed by a motorist. She further stated that on any morning during a five minute period she witnesses approximately 15 vehicles making illegal left turns from Grand Avenue to Rolling Knoll Drive travelling through the area at break -neck speeds. She indicated she sees the same cars making the illegal turns on a daily basis. She wants her neighborhood and her safety back. She asked the Commission to reconsider the request to cul-de-sac her street and prevent more accidents. Debra Klein, 23812 Country View Drive, stated the traffic problems are ongoing throughout the day, not just for the posted hours of 4:00 to 7:00 p.m. She indicated she has witnessed the Sheriff's deputies ignoring the illegal turns. She further stated she is very upset that the request to cul- de-sac her street has been denied. She asked the Commission to reconsider the request. Geoffrey Novall, 23813 Country View Drive, stated that Chino Hills plans to build an additional 8000 homes in the next three years. Chino Hills has not addressed the Tres Hermanos area where a high school will be built. In his opinion, it is only a benefit to non-residents to have Grand Avenue open at Country View Drive. He requested the City look beyond the State's mandates and consider solutions that will benefit the residents of Diamond Bar. October 12, 1995 Page 7 TAT commission Wanda Tanaka, 23805 Country View Drive, stated that there are approximately 15 residents present this evening representing the neighborhood. She referred the Commission to a signed petition she presented to the City. She asked the Commission to reconsider the resident's request to cul-de-sac her street and volunteered to assist the City and the Commission in accomplishing this goal. She indicated .that she counted in excess of 3,000 vehicles per hour traveling on Grand Avenue past Country View Drive. Al Baquedano, 23824 Country View Drive, stated the Sheriff's Department will not patrol Country View Drive or Grand Avenue during peak traffic hours because they cannot afford the time spent away from other enforcement duties. He stated his belief that the "No Right Turn" signs should be enforced. He indicated that., in his opinion, the cul-de-sacing of Country View Drive is the only solution and believes nothing else will be effective. He asked the Commission to go against the recommendation and recommend the cul-de-sac. Jean Fujihara, 23717 Country View Drive, stated her property is located at the point Deer Crossing Drive intersects Country View Drive. She further stated she leaves her residence at approximately 6:55 a.m. on weekdays to take her children to various school. She indicated it is very difficult to back -out of her driveway because of the traffic. When she takes her children to evening activities, she encounters an excessive amount of traffic between 4:00 and 7:00 p.m. when motorists are approaching Grand Avenue from Rolling Knoll Drive. She stated she is aware the drivers know a right turn onto Grand Avenue is illegal because they ease their vehicles into Grand Avenue until they determine there are no deputies and it is safe to proceed. She told the Commission that the "No Right Turn" onto Grand Avenue is a big inconvenience to the residents, as well. However, because she is law abiding, she drives down Rolling Knoll Drive to Diamond Bar Boulevard to avoid the right turn onto Grand Avenue during the restricted hours. She asked the Commission to reconsider the cul-de-sac for October 12, 1995 Page 8 TAT commission Country View Drive. Tony Spinogati, 23725 Country View Drive, thanked his neighbors for addressing the Commission on this matter. He requested to know the traffic count for Diamond Bar Boulevard and for Grand Avenue. He further requested a breakdown of the difference between the traffic count for local traffic and for cut -through traffic. He stated his concern is for his neighborhood, however, he is more concerned about the impact of traffic on Diamond Bar Boulevard and Grand Avenue. The City has become a freeway alternate and, in his opinion, this should be stopped. He asked what the citizens can do to effect positive change to reduce the negative traffic impact. Mrs. Mahoney asked why the request was denied. DDPW/Liu stated that converting Country View Drive into a cul-de-sac raises several concerns. One concern is the traffic circulation pattern. By closing Country View Drive, the problems are shifted to the remaining access routes which does not succeed in mitigating the situation. The issue of traffic circulation needs to be discussed on a community -wide basis. Another concern is for the emergency response time. Staff must have the opportunity to research all aspects of this situation prior to rendering a responsible recommendation. DDPW/Liu continued that if Grand Avenue was closed to the public, the City would endanger the funding sources from the various state and federal agencies. C/Gravdahl stated it appears that the "No Left Turn" and "No Right Turn" signs are being ignored. He asked if deputies could be assigned to enforcement during the posted hours. Sgt/Rawlings responded that the enforcement has not stopped, it is not enforced as frequently as it was at the time the signs were installed. The deputies are frequently needed in other parts of the City for more important enforcement issues and the officers cannot be at the site continuously from 4:00 to October 12, 1995 Page 9 T&T Commission 7:00 p.m. C/Gravdahl stated he would like a written report from the emergency services entities indicating they could function as effectively if Country View Drive is a cul-de-sac. He further stated he is concerned that cul-de-sacing will create an adverse impact on the alternative streets in the neighborhood. He indicated he would like to have a comprehensive neighborhood traffic study conducted and present the conclusions of the study in a public hearing setting so that all concerned parties can be involved in the ultimate decision. VC/Leonard stated Country View Drive takes a lot of abuse and she would like to study the situation further in order to make a more informed decision. C/Ortiz stated he was instrumental in putting this item on the Traffic and Transportation Commission agenda. C/Ortiz made a motion that staff's recommendation be denied and that the City proceed to conduct a complete traffic study and a public hearing. C/Gravdahl stated he would like to have the motion more defined. He further stated that, in his opinion, some of the traffic problems are as a result of the work in progress on Grand Avenue, the SR 60 Freeway and the 71 Corona Freeway. He indicated that he would prefer to see the traffic study conducted no earlier than mid-January, 1996 after the prior projects are completed. C/Ortiz stated that he concurs with C/Gravdahl's amendments to the motion. DDPW/Liu responded to C/Gravdahl that the City has been working closely with the state to implement improvements along the SR 57 and SR 60 Freeways. Responding to VC/Leonard, DDPW/Liu stated that the HOV lane construction along the SR 57 and SR 60 Freeways will begin in January, 1996. auoN auoN paeuoaq/OA 'TgppnpaO 'ZTgao : SHSNOISSIWWOD :sHSNoissiwwoo :SHaNOISSIbwoo NIVISSV :SaON :SaAv :TTpO TTOJ buTMOTTo3 aqq ggTM 0-C panoadde spm uoTgoui aqs •TgppneaO/0 Aq papuooas SPM gOTgM UOT40M sTq pagagsaJ ZT410/0 •uoTgsanb aqq aoj palTpo pus UOT40M STq oq guautpuaute aqq g4TM paaanouoO zTgaO/O 'APngS OTg3pa4 aqq uT uoAupo aauuoy gbnoaqq peon algTssod e buTpapbaa uOTgeuzaoJUT apnTOuT og 3jegs pagsanbaa paeuoa2/OA •uOAueO aauuos gbnoaqq peon p 3o UOTganagsuoO ao3 apg puoutpTQ 3o AgTO aqq Aq apTsp qas spung Aup 3o aapMe qou ST aq pagegs aH •UOAueO aauuos gbnoagg peon algTssod p ST aaggTuzuzoo aqq Aq uoTssnosTp JO OTdoq quo • aaggTumzoo saauaOO an03 aqq og T,aMxOOU • a1nl paaaajaa nTZ/MdQQ •uOAueO aauuos gbnoaqq gTTnq aq TTTM peon e 3T UOTSSTuzuI00 aqq paxse TTamNOOH -JW •peon TToq p og pagaanuoO aq pTnOO anuaAv pupig 3T paxse TggpbOUTdS •a14 •MOTJ OTJ3pag paspaaOUT aqq MOJJ buTgTjoad eap apg puouzpTQ UT SeSSOUTsnq TeToaeumzoo aqq geqq anaTTaq qou S90P aq 'UOTgTppe UI •uoTgdo ue you ST anuaAlj pueaQ buTsOTO 'UOTuTdo sTq UT geqq PagegS aH 'sTTTH OUTgO oq aeg puouxeTQ gbnoaqq OT3Jpa4 UT 9Se91OUT aqq oq pagngTaquoo eAeq anuaAV pUeaO pup paeAaTnog apg puouxeTQ 3o UOTgonagsuoaaa aqq gonuz Moq pup sTTTH OUTgO oq ssaOOe gbnoaqq ao3 paxaPm ATapaTO ST abuegaaagUT APma9a3 09 US/LS US aqg AqM paxsp ITenON •ay1 ,-sanssT aTagq ggTM TTounoo AgTO aqq aaojaq ob squapTsaa aqq gpgq paban aqg •TTOunOD AgTO aqq oq squaumzoO SqT saajaa UOTssTMMOD UOTgpgaodsupay pup OTgJeas aqq gpgg Pagpgs paPUOOq/OA •anuaAV pueaQ asOTO og ST UOTgnTos 94PmT41n aciq 4el4q Pup pane sTTTH OUTg0 aqq UIOJJ gTnsaa suuaTgoad s,AgTO aqq gpgq pagpgs TggpbOUTdS *jW UOTSSTUIMOQ 131 OT ab8d 966T 'ET aegOgOo October 12, 1995 Page 11 T&T Commission ABSENT: COMMISSIONERS: Chair/Intik, Virginkar DDPW/Liu responded to VC/Leonard that he concurs with C/Gravdahl's time line for a traffic study. Due to the current pending construction and the holidays the earliest possible time for a traffic study is after the beginning of the year. C/Gravdahl made a motion, seconded by C/Ortiz, to present the information gathered from the residents to the Diamond Bar members of the Four Corners Committee. The motion was approved 3-0 with the following roll call: AYES: NOES: ABSTAIN: ABSENT: VI. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Gravdahl, Ortiz, VC/Leonard None None Chair/Istik, Virginkar A. Investigation of residential streets bounded by Sunset Crossing Road, Navajo Springs Road, Decorah Road, and Del Sol Lane for signing and striping. AA/Aberra read the staff report into the record. C/Gravdahl stated that the report should include Minnequa Drive. A motion was made by C/Ortiz, seconded by C/Gravdahl to approve staff's recommendation to paint a double -yellow centerline striping on: 1. Del Sol Lane between E1 Encino Drive and Decorah Road and install 1125" MPH and curvature signs at various locations. 2. Bower Cascade Place from E1 Encino Drive to Sunset Crossing Road and E1 Encino Drive between Del Sol Lane and Decorah Road. Furthermore, install 1125 mph" and curvature signs along Bower Cascade Place and El Encino Drive. October 12, 1995 Page 12 T&T Commission 3. Minnequa Drive at curvature, Del Sol Lane at Bower Cascade Drive, and Willapa Court at Bower Cascade Drive. The motion was approved 3-0 with the following roll call: AYES: COMMISSIONERS: Ortiz, Gravdahl, VC/Leonard NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Istik, Virginkar B. Multi -way Stop Sign Traffic Analysis on Palomino Drive at Ballena Drive and at Platin Drive. DDPW/Liu read the staff report into the record. Staff recommends that the Traffic and Transportation Commission concur with staff's recommendation to forward this matter to the City Council for approval of stop sign installation on Ballena Drive only and on Platina Drive only at their intersections with Palomino Drive. DDPW/Liu responded to C/Gravdahl that this recommendation defeats the original intent. The warrant study does not support a stop sign installation on Palomino Drive and there are no 25 MPH speed limit signs. A section in the vehicle code states that any streets that are not indicated on a Federal Highway map are automatically considered local streets. Therefore, from an enforcement standpoint of the 25 MPH speed limit, a challenge can be upheld by the code. If the matter goes to court, the final authority is the judge. C/Gravdahl made a motion, seconded by C/Ortiz, to concur with staff's recommendation to forward this matter to City Council for approval of stop sign installation on Ballena Drive only and on Platina Drive only at their intersections with Palomino Drive. The motion was approved 3-0 with the following roll call: AYES: COMMISSIONERS: Gravdahl, Ortiz, October 12, 1995 Page 13 T&T Commission VC/Leonard NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None C. Installation of signs to prohibit parking during street sweeping days. C/Gravdahl recommended that this item be tabled and agendized for the November 9, 1995 Traffic and Transportation Commission meeting. C/Ortiz requested that the following enforcement issues be included for consideration of this recommendation: Will the City use the Sheriff's Department for enforcement? Will the City train and use its own personnel? How will the citation revenue be allocated? How will the towing of vehicles be handled? What will the citation amount be and will it remain constant or increase over time and with each additional violation? C/Gravdahl commented that when this item was discussed several years ago there was an issue of the cost of signs. DDPW/Liu responded that an estimate is that there are approximately 250 curb miles in the City. Each sign is placed at 200 foot intervals for. visibility. At a cost of $150 per sign, the total cost to the City would be approximately $1,000,000. C/Ortiz made a motion, seconded by C/Gravdahl to table this item to November 9, 1995. The motion was approved 3-0 with the following roll call: AYES: COMMISSIONERS: Ortiz, Gravdahl, VC/Leonard NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Istik, virginkar VII. STATUS OF PREVIOUS ACTION ITEMS - None VIII. ITEMS FROM COMMISSIONERS: C/Gravdahl made a motion, seconded by C/Ortiz to table October 12, 1995 Page 14 T&T commission Items A. and B. to the November 9, 1995 Traffic and Transportation Commission meeting agenda. The motion was approved with the following roll call: AYES: COMMISSIONERS: Gravdahl, Ortiz, VC/Leonard NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Istik, Virginkar IX. ITEMS FROM STAFF DDPW/Liu stated the speed bump/ hump issue will be an agenda item for the November 9, 1995 Traffic and Transportation.Commission meeting. XI. ADJOURNMENT Vice Chairman Leonard declared the meeting adjourned at 9:10 p.m. Respectfully, David G. Liu Secretary Attest: Joyce Leonard Vice Chair CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMIVIISSION BOARD HEARING ROOM OF S.C.A.Q.M.D. 21865 Copley Drive OCTOBER 26, 1995 CALL TO ORDER Chairman Ruzicka called the meeting to order at 7:05 p.m. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by C/Finnerty. ROLL CALL Present: Chairman Ruzicka, Vice Chairman Goldenberg, Commissioners Tye, Finnerty, and Medina. Staff: Community Services Director, Bob Rose Recreation Supervisor, Chris Emeterio Parks and Maintenance Superintendent, Don Hensley Absent: None MATTERS FROM THE AUDIENCE None CONSENT CALENDAR 1. Approval of Minutes of September 28, 1995 meeting. VC/Goldenberg moved to approve the minutes, seconded by C/Medina and carried 4-0; C/Tye abstained. OLD BUSINESS 2. Parks Maintenance Up -date - Received and Filed. CSD/Rose advised that this October 26, 1995 Page 2 Parks & Recreation Commission item was placed on the agenda in response to concerns expressed by the Commission regarding the condition of our parks. These concerns included trash containers, enclosures and the park shelters. Don Hensley, Parks and Maintenance Superintendent, advised that all damaged trash cans will be replaced and/or repainted. He also advised that the park shelters will be maintained per the parks maintenance specifications. In regards to trash enclosure area, bids are being accepted to cover all of the trash enclosure areas. CSD/Rose further explained that the material used to cover the trash enclosures is a chain link fence material and the low bid thus far is $1,655. Charles Fleming, Supervisor -Accurate Landscape & Maintenance Corporation, introduced himself and advised that he is in charge of the maintenance crews while assigned in the parks. David Chalukian, Operations Manager -Accurate Landscape & Maintenance Corporation, also introduced himself and stated that he wants to help the City of Diamond Bar improve and upgrade the parks. CSD/Rose reviewed Accurate Landscape's contract with the Commissioners and asked for any questions. He stated that the Accurate Landscape Management and the Community Services Department will meet together at each of the parks in order to walk thru the parks to check for any improvements that may be needed. It was recommended that a Commissioner be appointed to represent the Commission at these weekly park walk-thrus. In regard to Maple Hill Park tennis court lighting, CSD/Rose advised that staff will seek a budget adjustment of $10,000 to replace the existing light fixtures. CH/Ruzicka commented that he has seen rotted out trash can bottoms in the City's parks. With regard to the trash enclosure covers, he asked how the City plans to enforce the illegal dumping at the covered enclosures. CSD/Rose advised that the City will enforce the law that prohibits illegal dumping at the parks with the support of the Sheriff's Department and Community Volunteers. However, it is more difficult to enforce this without the secure trash enclosure areas. C/Tye inquired why the City needs to make the maintenance contractor aware of problems that they are required to maintain as part of their contract with the City. October 26, 1995 Page 3 Parks & Recreation Commission CSD/Rose advised that city staff and the Accurate Landscape and Maintenance will work together to take a more proactive approach to maintaining the City's parks. David Chalukian stated that Accurate Landscape will be refocussing on the contract and making sure that all contract provisions are fulfilled. With regard to the reservation policy, VC/Goldenberg asked if a clean-up clause is included. He requested that these policy rules be listed at the beginning of the contract. He also asked what the penalties are for infringing on another party's reservation. CSD/Rose stated that the City currently uses an honor system. In order to enforce the clean-up requirements of facility users, an increase in city staff would be needed to verify compliance with clean-up requirements. He also advised that the penalty for infringing on another reservation is considered an infraction and can result in a fine. Don Hensley advised that supervision of the Parks Maintenance contract is his responsibility and he will make sure that the contract requirements are abided by. He further advised that some of the items being discussed tonight were in the process of completion. CSD/Rose set the first park walk thru with C/Medina for November 2, 1995 at 9:00 a.m. at Heritage Park. He stated that Commissioners will be assigned to the park walk thru on a rotation basis, one meeting per week with a different Commissioner assigned weekly. NEW BUSINESS 3. Community Request For Skateboard Park in Diamond Bar - CSD/Rose stated that on Tuesday, October 17, 1995 at the City Council meeting there was a request made by a number of citizens for the construction of a skateboard park for free public use in the City of Diamond Bar. He further advised that the City Council did direct that the Parks and Recreation Commission put this matter on the agenda to receive public input. He stated that staff concentrated on the following issues and asked the Commissioners to review them: 1) legal basis; 2) what does the law say; 3) liability issues; 4) transfer of the liability; 5) cost to design and construct; 6) an appropriate location; 7) where would this fit into the Commission's list of priorities. With regard to the above mentioned issues, CSD/Rose further explained each in detail. Regarding the liability issue, the City of Diamond Bar belongs to October 26, 1995 Page 4 Parks & Recreation Commission the Southern California Joint Powers Insurance Authority APIA) which includes other cities that pool their resources and agree to manage their risk. Each city pays a premium based on different considerations. Each city has a deductible and co -payments when a claim is paid. CSD/Rose shared a letter of response from the JPIA which indicates that skateboarding is a high risk activity in which the participants may experience serious injuries. He also shared information from several cities that share their involvement with skateboarding. With regard to the cost of building a skateboard park, he further advised that the City of Huntington Beach built a 2,000 square foot hard scape area for skateboarding with design work costing $12,000; the construction cost $72,000; and project management, plan check and inspection fees of $8,000; for a total cost of $92,000. CSD/Rose advised of some appropriate places where space is available for a skateboard park. Staff recommended that the Commission receive the input from the community and recommend action deemed appropriate by the Commission on this issue. CH/Ruzicka commented that he would like to see a skateboard park built in the City of Diamond Bar. CH/Ruzicka opened for public comments. Ron Kosinski, 21033 Quail Run Drive, supports the skateboard park for this community and encourages a positive recommendation by the Commission. He also advised that a parents' committee has been formed to help the Commission and staff to gather any information needed for this park. C/Finnerty suggested that the parents' committee research if there is a national skateboard association and, if so, can they provide liability insurance for the operation of a skateboard park by the City. Richard Gray introduced himself as a skateboarder and shared a liability release form that will be used by a new skateboard park in the City of Whittier. Nathan Smith, 20791 Missionary Ridge Street, also introduced himself as a skateboarder and commented that the people of the community think that skateboarders are bad kids. He also commented that there is a great need for a skateboard park to get the kids off of private property and out of trouble with the Sheriff's Department. Justin Chapman, 22713 Happy Hollow Road, introduced himself as a skateboarder. He commented on local skateboard parks. October 26, 1995 Page 5 Parks & Recreation Commission Ruth Smith, 20791 Missionary Ridge Street, presented questions to the Commission and staff. She advised that there are parents supporting the skateboard riders and there is 'a parents' committee that has been formed to help promote the construction of a skateboard park. CH/Ruzicka suggested that a Commission sub -committee could be formed to research the questions that need to be answered. C/Tye asked where the skateboarders presently skate. Richard Gray advised that the local skateboarders skate wherever they can go without getting into trouble. He stated that the Huntington Beach park is too far to travel all of the time and would like to see a skateboard park in his own community. Sheriff's Deputy St. Amont, Walnut Sheriff Station, stated that the Sheriff's Department does not have a problem with skateboarders, however, there are calls that are received from private business owners complaining of their presence. He advised that he has recommended to the skateboarders that they obtain written permission from the landowners in order to skateboard on their property. CSD/Rose asked Deputy St. Amont if these property owners had any solutions to the skateboarding problem. Deputy St. Amont indicated that he has not personally spoken with the property owners. C/Medina asked staff to look into having the privately owned businesses sponsor this program. CH/Ruzicka suggested that a committee be formed, with two Commissioners serving on it, to assist the citizens in moving this project forward. Vickie Christian, 530 Cameron Crest, stated that if a skateboard park is constructed, there will be kids there to skate. She also asked who makes the priorities for the city. She urged the Commission to place this issue on their priority list to help give the children a safe place to skate. CSD/Rose advised that the Commission recommends projects, however, the City Council makes the ultimate decision for priority. October 26, 1995 Page 6 Parks & Recreation Commission Richard Gray stated that skateboarding makes him feel good and helps him to relieve some of his frustrations. He stated that his parents are very strict with him and if his grades are not high, his skateboard gets taken away. Mrs. Gray supports her son's skateboarding and wants to see the City of Diamond support the skateboard park. VC/Goldenberg asked if this skateboard park had any other uses. CSD/Rose advised that during his visit to the Moreno Valley skateboard park, he observed several different activities going on at the same time, including skateboards, in-line skates and bicycles. In regards to forming a Commission sub -committee, CH/Ruzicka recommended that additional information is needed on the development of a skateboard park and that the citizen's questions need to be answered by staff and brought back to the next Commission meeting for further discussion. VC/Goldenberg stated that he would like to know the total dollar amount in liability claims paid out for each of the skateboard park locations for a particular period of time. C/Tye stated that it is definitely too early for a Commission sub -committee until more information is heard. He stated that he will visit the Huntington Beach skateboard park before the next Commission meeting. C/Tye moved to agendize the community request for a skateboard park in Diamond Bar to a future Commission meeting to give all parties more time to gather additional information. Motion seconded by VC/Goldenberg and carried unanimously 5-0. CSD/Rose recommended that a citizens sub -committee be formed with a specific person as a contact to assist with the research needed for the Combustion to reach a decision. He also stated that letters of support are more effective than a petition. He further advised that staff will make contact with the City Attorney, the City of Laguna Niguel, the YMCA and the private facility in Moreno Valley prior to the next Commission meeting. C/Tye thanked all of the citizens who came and showed their support for the skateboard park. October 26, 1995 Page 7 Parks & Recreation Commission 4. Art in the Park VC/Goldenberg stated that he is not in favor of the art in the park and he is aware of 80 other people who do not support this project. The Commissioners also expressed concern with regard to: 1.) Long term maintenance costs, 2.) Repairs due to potential vandalism, 3.) City liability and Risk Management and 4.) Appropriate subject matter for each park. site. C/Finnerty suggested that these art forms could be donated and displayed in front of the "new City Hall", when that building is constructed. CH/Ruzicka moved to have staff relay the Commission's concerns to the City Council about the art forms being displayed in City parks and that the Commission recommends that these forms be considered for a future City Hall building. Motion seconded by C/Finnerty and carried unanimously 5-0. INFORMATIONAL ITEMS 5. Recreational Program Up -date a. Contract Classes - The Fall classes are currently underway, with many of the classes full or filling up quickly. Computer classes, as well as Tennis and Spanish classes, are very successful on a regular basis. Among the new classes that are being offered, the Rollerblading Clinic, Dinosaur class, and Country Rag Rugs class are very popular. Now with the holiday season upon us, the Holiday Workshop classes are being promoted and are expected to do well. b. Athletics - Youth Basketball: Registration for boys and girls ages 4-8 will begin Saturday, November 4, with a special one day walk-in registration to be held at Sycamore Canyon Park Portable Building from 9:00 a.m. to noon. Mail -in registration begins November 6 and continues until December 1, or until the leagues fill. Flyers were distributed October 19. Adult Sports: Adult Softball is currently ongoing every Sunday with 10 teams participating in leagues that will continue through the end of December. Adult Basketball on Sunday afternoons/evenings has 12 teams participating and will continue through November 5. c. Roller Hockey: Staff is currently working with Diamond Bar High School and October 26, 1995 Page 8 Parks & Recreation Commission Lorbeer Middle School investigating possible ideas for rollerblade hockey programs. The exact roles of the City and the schools are uncertain at this point. It is a goal to provide a community based program at one of these sites involving all age groups, (both boys and girls). d. Adult Excursions - The "Gondola Gateway" excursion that was held on Saturday, September 30, was successful with 29 participants enjoying "a day in Italy." Autumn Harvest in Oak Glen is the next excursion which is scheduled for Friday, October 27, and will include a down-home lunch on the farm, followed by a hayride through orchards for picking of the fresh fruit. d. Teen Band Challenge - Staff is in the process of compiling names and numbers of bands in the area. The goal is to find local bands that may be interested in an outdoor concert. It appears that this recruiting effort will produce enough bands, but, if it doesn't an alternative program can be further researched. Each school will be contacted and presented with an idea of partnering the school and the City of Diamond Bar in a concert/dance event. CH/Ruzicka asked if Council person Ansari has been given the teen band challenge updates. CSD/Rose indicated that Councilperson Ansari has not been provided with updated information, however, that the entire City Council will be informed when there is something more definite to report. In regard to the rollerblade hockey program, CSD/Rose advised that Chaparral Junior High/Walnut Unified School District has been contacted regarding cost estimates for the proposed roller blade hockey facility. WVUSD will forward this information to staff within the next couple of weeks. ANNOUNCEMENTS C/Medina made no announcements. VC/Goldenberg stated that he was given the opportunity to watch a video of a project put on by the City of Anaheim. The project included the rehabilitation, painting and clean up of various homes in the community owned by seniors and disadvantaged persons. The event was supported by the community's churches, service clubs, local merchants and the City of Anaheim. He asked to share this video at the next Commission meeting and to get the Commission's reaction to the possibility of conducting a similar program in the City of Diamond Bar. October 26, 1995 Page 9 Parks & Recreation Commission CH/Ruzicka asked that this item be put on the Agenda for discussion at the November 16, 1995 Commission meeting. CSD/Rose indicated that the City is involved in a similar type of program that is funded through HUD. He stated that he will ask Kellee Fritzel to provide information on the City's housing rehab program. C/Tye inquired about the drainage and water problems at Peterson Park. CSD/Rose advised that the drainage problem project is budgeted and the City is accepting qualification statements from potential consultants to complete the design work on both the drainage and the installation of ballfield lighting. The ADA retrofit, shade structure at the concession stand, and upgrades on the inside of the concession stand will also be completed at Peterson Park, but as separate projects. SI/Hensley reported that there has been an irrigation technician at Peterson Park a number of times checking the pipes for leaks, and has found none. Staff believes that the soggy conditions are the result of bad drainage. C/Tye also asked if construction for Pantera Park will begin in the Spring '96. CSD/Rose confirmed the construction time. The building issue and direction by the City Council is still being worked out. C/Finnerty made no announcements. CH/Ruzicka thanked staff for plans to redo the tennis court lights at Maple Hill park. CSD/Rose announced that the construction of the monument signs is nearing completion. With regard to the Maple Hill Park retro fit project, the City is having significant problems with the contractor which is delaying the completion of the project. Significant amounts of re -work is having to be done. VC/Goldenberg asked if there was vandalism to the contractor's work. CSD/Rose advised that he is not aware of any vandalism but that there was a significant amount of sub -standard work done by the contractor. ADJOURNMENT October 26, 1995 Page 10 Parks & Recreation Commission With no additional business, it was moved by C/Tye to adjourn the meeting. Motion seconded by C/Finnerty and carried unanimously 5-0. CH/Ruzicka adjourned the meeting at 9:55 p.m. Respectfully submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Joe Ruzicka Joe Ruzicka 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 Mayor Pro Tem Werner FROM: Linda G. Magnusonf,"Accounting Manager SUBJECT: Voucher Register, December 5, 1995 DATE: November 28, 1995 Attached is the Voucher Register dated December 5, 1995. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent 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 listing of vouchers dated December 5, 1995 has 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 118 Air Quality Imp Fund 125 CDBG Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD 041 Fund 225 Grand Ave Const Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: 1_14� A *ejj_4� Linda G. Magn on Accounting Manager City Manager AMOUNT $488,504.32 20,692.00 316.12 1,000.64 6,139.00 6,379.40 2,950.00 39,323.17 9.480.02 $574,784.67 (4 1 4&- C -i -I Phyl is E. Papen Mayor Gr - -U7 Li ------------------------------------------------------------------------------------------------------------------------------------- - FT T Curate Landscape ,Q , 4ll01 t L 4.111j-.J.3a J!1 *00 1 -431*22- 3'1'0 i1-4' ra+e '_a-:dc,ape AT&T ,=curate : "ED .. , =143 i . JJ '4,,. . _ it,12i5P il1.7 .-- - I - 1" !._ _ kj- TuTAL lUE VENDOR --------) P~,0 ie JYti'i-i i t`y'Gi iLIne-GCt OTAL-:i,JE VENDOR -------- Mait:t-Pa...i Gran Par: -Oct Maint- er':-age :ark -Oct Maim-MapIC Hill -Oct Malnt-R1=1 Reaga-,-Oct Mal-t-Starsh.-ie Prk-1._t Maint-Soinatrldge-�lct 'C' TAT` . i -U- 'VEN NV_ . 7"0 Ir t jQr a: -!t _:St rq - DUE E;"ff c I 11(111.. -0 4L., 77 AT&T ,=curate : "ED .. , =143 i . JJ '4,,. . _ it,12i5P il1.7 .-- - I - 1" !._ _ kj- TuTAL lUE VENDOR --------) P~,0 ie JYti'i-i i t`y'Gi iLIne-GCt OTAL-:i,JE VENDOR -------- Mait:t-Pa...i Gran Par: -Oct Maint- er':-age :ark -Oct Maim-MapIC Hill -Oct Malnt-R1=1 Reaga-,-Oct Mal-t-Starsh.-ie Prk-1._t Maint-Soinatrldge-�lct 'C' TAT` . i -U- 'VEN NV_ . 7"0 Ir t jQr a: -!t _:St rq - DUE E;"ff c I 11(111.. -0 4L., ------------------------------------------------------------——---------------------------------------------------------------------- 54" H. ff. I C—F 7. -.r. n r-,3 I - - n 71 e r 1 L Liiiy —" C'- .::0 -.-ist 11 m- "4 S s r: C: C kis t 12-ii:'aus 59 'Dron A. St-,rrat Lu .-I. l' --r y - - — — — — — — — — -------- l4i, iOCI -45", 1 -5223 2, 6 1 22U5F /0 2 21:j5 965 9 Plan Check S4-L5-1ept F r j 7 H 114 i`= V Plan imc is ey 17 W" , k0c - I - 4-551 5227 6 Jl/C 1. 29 12/05 _Lr -- - - - - - - - - 4 nspctn Svcs-CrkdArrow -------- 422 'Dron A. St-,rrat `ssc ..- .-I. l' --r l4i, iOCI -45", 1 -5223 2, 6 1 22U5F A 2 21:j5 965 9 Plan Check S4-L5-1ept V Plan imc is ey 17 W" , k0c - I - 4-551 5227 6 Jl/C 1. 29 12/05 9 66 nspctn Svcs-CrkdArrow DU - 1 E VENDOR -------- C D7. 5' V'. v USIA e orm-ISA -441 zap" J i 7 0;---------- vE-%t.',"lR -- -------- io E. unit 4 1 7 TOT 7 -ALE "EI.C-4 -- - - - - - - - - 7:-te 1 - Sr ;I I m t r0ltr IVEL71 'OTAL DUE "'EKOF - - - - - - - - - ri C4. 1 4 ji,! -.-i a erl ng 4- -tt4l= itS K, sks:� ond r -d 4-j - - - - - - - - -- 7 -J m w) TOTAL D41JE VEN-1:02R -------- 0 i1 O9 ;05 90'5-140' C,;- -0SHA TIP Asses;aintCIO 0 "JTAL OUE VENIMR --------- Der ICAMChrges-Stell 190' Jec 4 0 7 td,TAL 'DUE i-ENDOR 1J4 2 e -� .gin Re;unu 7 lu OR -------- L .-h'r r H Ij AMCUNT ti 7j IE,,-IIOF, NAMIE ------------------------------ ---------------------------------------------------------------------------------------------------------- 7 ;r -:r, Dem -_P__ Z-Fl— K J ---------- TO-:'L- Li— n 5 - p c 7 -'AL -------- R' 4, DUE P-ZLZR C�- rtz—, f7 It553`35 E�c -,C­5A- 4 - 44' F;t -3 70T4iL DUE ',)EN7;CR - - - - - - - - 0 nd -Mail i rn Fe 'IjE I -VOR -------- ---d Tax -Ho., crAncri SeT 2 1 205C 41, 7 '07;)L DUE -------- jJ W , M, -w& -7�TAL )ENDOR ------ i 110. ?6 GTE California u i C. U L --D-e 'n I ine 4 TOTAL DUE VE.VDOR -------- 240.8-4 R,UN, "IME. 16 7 T 7 Z. ZNNP. NAME VEN'TiOr'. B'Tl*:_INE 0. C,+ -z a ------------------------------------------------------------------------------------------------------------------------------------ n,.- ENEEIR -------- 2 i�D, 3v sy C. L�J C -'jTH"L DUCE VENDOR - -------- 4,'-: 0 JU 41 HIL DUIE `ENDIIIR -------- No ar E L, i Lo Lle,gal J -4; 02 3`-'-A - 44 Mir t Elc c re 41- ar y - Cc�, mm- 00 ACj ------------------------------------------------------------------------------------------------------------------------------------- A 1 7* 7 4 - ----- Yl =-,ier-t 7 7 --- -------- Forar..3n ce,-17 t; F1L.i :., Yc s -Rc ky-i ra i Ci s - a I rjL,- a r. $':'01-4, 1 5 5112, 2 31 CI, -t%_. 11 ,? P A k. S v c R u -s t y P Jim p lo 0 1-2. f "10, - 1+.. lir 29 12/ ol� sof --VE-n-En 95-J','9 04 TCT -EN, -------- H J e r I i t 2r De L a ma s Hi:-.1-erl-tr 4091- - 10 1,L 05. 4.;. 4 09C) - 4 (11 IG Erle(, F fri 61,'345; 11 12 0 5 iC)2�4 -a! Y:si�-4+,,G-tr S c, I e s a x A: T i Al TJ--'"_DUE'E Nl- 0 ; - -------- I I,J7 Hisaffootc, Sachie 17L6 14 :.1'X` 1., TOT AL DUE VEN'DOR ---------- Horlort, Paulette 1 - 3 4 li 6120117A 'Ll/ -9 12/05 1 0;0,-j A Refund 7 ;AL :'L --MA Dues ReneiNal '.-IMADues 1 7 6 1 64 7 OTAL -,�Uc, VENTIOR -------- 7:::.!04 1 V., lool I 1-9 f 1 1,75 .61- _37 -441 1 - 5 4 _44 'i -44l: -54C`5 -PP -44 11 -�4r Kleinfeldr 117�,L Lr,!iF - ________/ n d FIZ A) 4 -g Process. n 7p; DILE "rVil t, 'C'F'. - - - - - - - - 7-- -------- _Fij _97 TFIT�777 5", 'UE VENDOR - - - - - - - - i i HL us D n 3 C er. v e s Cm*** DUE ......i2/���� �E�DOR ALOGIUNT ��.TX'����pO.LIN��C. �-�''J� �w�I� n]��pT�� ------------------------------- -__—___-------_—___------------_—__---_-----_—___—_' L.A. County'SherifPs r�en LACSheriFf �Wi -441/-540 2 o12O5 11�� 12�� 736�� ]c�-He��copter S.cs 1�5.6� TJTAL DUE VENDOR ----> 115.86 _.A.Jouo y Funic �orks LACPu Win *Ck�1-4!10-5506 2 61205D j'05 9500OOO2005 Signing/St ipngSvcs'8/94 107.�2 *0(l1 -451C -55V6 1 612V5L �94 1,,rj64.38 �,0*1'4510-5506 4 o12O5D 1z/29 12/05 9YX10002481 Signing/Stripng'9/94 �19.23 �001'4510-550� 8 v}26�� 11/29 12/V5 95VN005�69 CriticalSignMaint'12�4 387 r8 *VV\'45�V'5506 7 612V5D 1i/29 12/O5 95O0NN5982 CriticalSignMaint 1/Y5 1,605.93 *�;1-4510-�06 6 612V5� 11/29 950t '0V7310 11'riticalSignMain+-3/95 263.�Z ��V1'4510-5506 5 6\205O 11/29 12/C.15 ?50 ��0VVV8517 CriticalSignMaint 4,'95 597.85 +0Cz 4510'55V6 3 6�2V5C 1�/2» 12/�5 950'. 090-`) CriticalSignMairt'May�5 1,151.66 TOTAL DUE VENDOR --------- 5.956.O7 LA Cellular �s�ephone -�CeiL"�ar t�o1'4415'2�25 1 :���C 1�/29 �2/05 CeLullar Phone Svcs -Gen 291.06 -A Cuunty Sher zff- Le �ACGar n —R4-05|�4 PP��,�3-Jarn�shmeo cr c- A. Cit.e �01-403O'233V 1 612�5� 11�� 12�� Lea�. Mt� 2/14'16'D�r 23��O ReFuru-'3/ling Le ��uscapeW -dwateffm� m41'�41'550V 2 612)52101/314� 11/29 �2�� 16665 Dct-namt Dist #41 TO7 ----) 7. .S4 La.erne. Ci�y of LaverneCit c- A. Cit.e �01-403O'233V 1 612�5� 11�� 12�� Lea�. Mt� 2/14'16'D�r 23��O wj7 WE VEW 7, 7 ----------------------------- -------------- - ------------------------------ ------------------------------------------------------ rnill lC 'C1 - ---------- 1 CITAL, :W ME OHM nuesteRsyno 5150 ----------- DUE s. Argelc?s caurty A. il;:, LOT 11QQS W: . T x.:2-47-5 5,535 1103 055 1MU23 QcvTmAbs4Kqm ---------- Lyssy, Lola 177.-.: 6 - TOTAL DUE VEN::OR - -------- -3—I00 .r :hav;sn a -KQ 12X5 435 24P1_esNewlKh :W K: 3, TOTAL DLE VENUDR -------- *1' --455-3-553.3 6 61205E 01/36.7 11,i29 '12i%)5 Nc.%;-TrnsSubsdyF'rg 2,942. 112 - Lt!`3-55-35 - �::05E i12j.36:7 i :;5 %.jv-7rnsSubsFrg-Fares 11 TOTAL DuE !vIENDCR ---------- 4W1 -421,u-2310 4 6 12 1) Z 01/-34i:, 11/2Q 12i05 K7 -340042 FUEI-Ping-OCt j 1 - 4u--ef,, - 23 is :4 JlaCj --j 14 ,5 t. 7, 34;�.;::6 Fuel -sen 30vt-Oct 3150 - - 4 C - 23110 16 6 RME ..;KH 1:. 12/05 K5�40300 Fi.E''-Ger, SM -Oct 3430 . - i -4C -,-0-23'I0 2 Fj E 011, -:) 11/2 4 12/05 ' 54F K6041 j OL_ F,21 -Sen 3avt -.7. - *001-4210-2,1210 2 61205E ::1/'341-11/29 12/05 K60415v-'.' -UEI-Ping-kt 2169 k..1 -M- 2300 4 611SE nial�- 11 /2; 12/0- K6i34.' 652 F!.t!-Gep 3ov:-Oct 3007 1 - 409C - -310 6 611 2�.H '1 11/29 12p)5 Kt,741 162 Fuel -Oen Govt-Dct 21- if) *X >W>2310 6 kno'n 1; 34 1 11 1 2p)5 -C 7 4, F,ic-I-Pirg-Oct 2165 M-0942aO 8 62TE UWKN 11 1:;,.5 K 6 741 Fuel-:en Cc.vt-Dct 3115 4MIlt -ani :c -s 4 716 d ' -40'1_10-1. 20,01 i<.c_E 14/=..6'A_134 _ "es -Gen OVt ..._ 404. :�'?:. i.: .+_- •_, __:. ,:.' - - - - �U, �.._1 _. ,._, c ..r-/-674 bl.:_L i Supp: e_ -Finance Pa- i-4nr .200 i F,l�U � i_�_:_C:.4 >t;'y'a _ +1._74.:_,,.,, 3upplie=.-r:-;g Ti]!aL ta,;r')Etdi; F, -'------5 =ARE Health aenefi_s PERcHeath 1�:=A :' ' i3 _ Nov}eai'_h lr'o =reMS 'GTAL r-EFFID AMOUNT ----, _, F f Lt 'ac.fic Edition -:poster ratificEdi ,r. l;t ]_tilrC.110-1'`'i<OcE 11 70 -_ [ie._n 7,T Pape, :.- 4 '1 qob :; 1 1L ".!_EJLJNDOtti i Pap- D Trans�r �»~oii= +0(j,-1�jN) R.-­�o Plus by Kiw Pho-oPl�'i -4095'2L 12 2 61205E 01/3251 *00 -4095-2112 4 205E O1/3Z51 Pitney Bowes PitneySu�e m01 -40Y0 -220O 8 612O5[ 01/3727 Pomona Judicial District PomJudDist Postage By Phone Fri7cesResOrt postByPnon �-e Z 6120�E Public Res�.remen FERS *O01'21L�'10� 1 61��� b12V5A 11�� 12/05 U�� 12/O5 592271 11�� �2/V5 6453�5 I1�"-, 12/V5 U12/V5 11�9 12/V5 a ����s�c C.E. Inc F,� PnEPAlZAMOUNT --> 47, .V0 45|»-5227 6 612V -r FilmProcess'CommN�sbr �9.2: Film Process 7.40 TOTAL DUE VENDOR ---- 68 0m1'4 5 51-5227 2 �l2V5F Ol/­_32V 1 12/05 39Sl m}01'4551-5227 4 1/C 1 TOTAL --',UE VENDOR '—''---> 330.00 Posca§e Rep�pnis�ment 1,50�).00 Payrull Tr�2 r 4766 PnEPAlZAMOUNT --> 47, .V0 TOTAL DUE YENDDR ----> O.*) FilmProcess'CommN�sbr �9.2: Film Process 7.40 TOTAL DUE VENDOR ---- 68 Fldr/Inse rterMaint'95/96 562' 00 FY95/+6 Maint'PstOScale 1"Q 00 TO— DUI VENDOR '-'-'---> 722.00 Oct -Parking Cites %N.00 TOTAL --',UE VENDOR '—''---> 330.00 Posca§e Rep�pnis�ment 1,50�).00 TOTAL �� �ENDOR ----> 1,��.00 Lea;�e Camf 2,1.4-16-CMgr TOTAL �� :END0R -------- 240.9S T�TAL �� VENDOR ----} V.*3 I"�e Ln Sry s�rm�tus 1�2.50 �spS.cs'Se~ \ate~al ��.00 Gra ingSv o-Wa-h gm 112.50 InSpz_.-tnSvcs'CroQkedCrk I6S.7� mc`� GOR NAME v�%tG ACCOUNT PRO.TX-NC ----------------------------- TCH PO.L�NE/VO. _—____—_--------_--___--__—___--_—_----__---__----- E:_RY/DE :N0l�E DESCR�P-�ON AMOUN 3ATE H. FLizc1,� 4t�(� ---->5 rJAL 21LIE VENDOR ---------- 5a r, GabrVly Trr;ne �@1-Z]N}'1O10 1 6�2�F �|�� 12/O5 1O536 AufpL ���� U7.3* �DjE VENDOR ----'` 117.�0 Sarro. Pat i \�7 1'347 2/;5�s-_dion TOT� NUE YENDO ----> 3,6.VV Sd�ar z' thia 17�� y01��8 6 612�� 1l,'� 12/� 1��� Re�rea�iefd 35.� TOT�� no 7 ----> Shoda, Sumiko 1768 Rec,ea"ion Re�md 18.00 TOT.-:_ DUE VEN[0R ----> 18.0O *25V�5l0-6412 07496 2 6120�F 0�/C3V 2 121 )5 353J'8 CIP-�r :AveRe ao ��.5O 4 61l(�F 31/�579 11/29 O5 ��34'12 �e+t��r,SigniPthfnd. 318.50 TC -AL DUE V[NCOR ----> 661.0O Si' Speedy SirSpeedy »3C�4090'2110 2 61217 01/3647 11/2v L2/V5 Ma-�ing Latels 110.�� O6696 8 61�05F 01/3694 �1�� 12 ; 05 18Y84 MpLe-illSpecz'Pto2 175.37 TOT�L �� VEN�OR ----} ��.40 S*,andard Insurance u; Ore Stanoardln �W1-�10-1 2�� � 6l205F 11�� 12�� Dec Life Ins Prems 4--10 a01 -2110-10O5 2 612V5F 11�� 12/O5 Dec -Supp' Life Ins Prems 24.00 TOTAL DUE VEN8OR ----> 456.1O The Sas Company SuCaas 1'4313-2126 1 61205F l��9 12N5 Gas Svcs -Heritage �� \7.6o TOTAL VENDOR ----> 17.66 VEN_"0,R N' Yeti BA-7ri P0.1—N7,: 40. DT41 ------------------------------ —---------------------------------------------------------------------------------------------------- ._ "'cis iNl-r:ia '< T ---------------------------------------------------------------------------------------------------------------------------------- T L,17 :;,7 Y! 4 0 7�,E_ 3teven 41 A wVWaterD-,­. M a T. i' --- - - - - - - - - .1 6 cl 1205 5F -. 11,+..'7 -07 AL VEIN-- 2R t i -TIC: 1 4, 205F A wVWaterD-,­. M a T. i' --- - - - - - - - - -07 AL VEIN-- 2R C BILE VEN R - - - - - - - - I 1 r4f ilea aj ro,ater-Diist #1--1 ck- I /i -7 E-7 TOTHL 7 OLE VENEOR -------- r s e r t _.VCs 7) 7- 4 4 I 0-F -4 120 --------- R T AL -------- tmr-S� cmoreC WaL � =17 i7() :-q:-, , pRent `Syc C ­nr' rk 2 TOTAL DUE VENLPOR -------- T CTr'L_ PRE. �i 7L I ----------- "A' _r, --------------- i CTAL U 38 TOT RPORT ------------ 1 5741,734.1:.; ------------------------------------------------------------------------------------------------------------------------------------ TOTAL----------- ------------ ------------ ------------ ------------ ------------ ------------ ------------ Z' �7 �!/lJj I... A4Mess CARL WARREN & CO. Claim. Manarnmat and Administration Iso Mw city Drive Suite 400 Orange, CA 92668 Mad: P.O. Box 25180 Sesta Ana, CA 92799-5180 (714)740-7999 (800) 572.6900 FAX: (714) 740-7992 November 7, 1995 TO: City of Diamond Bar ATTENTION: Lyna Burgess, CMC/AAE, City Clerk 05 HO -0 Pit 4: 05 RE: Claim Carrera Marble Co. v. Diamond Bar Claimant Carrera Marble Co. and Shelley Diane Cordova D/Event 7/17/94 (served: 9/5/95) Recd Y/Office: 11/1/95 Our File S 85749 RQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Rght ours, & CO �u1� � cc: SCJPIA w/enc. Peter J. Gorelick Carlton I.ee Harpst James L Mudd Alan A. Carrico John G. V ilcoxo n Lyle E Brunson victor E Tu++rlicz Shama M. Remi David E Allen, Jr. Mona L Jeffery Robert Grodeld John F. Sweet • Certif d Spcimilia, Workete Compensation GORELICK, HARPST & LETHER Attorneys At Law Not a Partnership Suite 300 725 Town & Country Road Orange, California 92668-4788 (714) 836-7143 FAX (714) 835-0214 October 31, 1995 CERTIFIED RETURN RECEIPT REQUESTED City of Diamond Bar 21660 East Copley Drive, #100 Diamond Bar, California 91765 Office Administrator Martha L Corona Our Ref 950R0431 Re: Duane Campbell Leventry, etc. v. Shelley Diane Cordova Gentlemen: Please accept this letter as a claim as required under Government Code §910. If you have any other requirements or forms for filing a claim, please inform this office and we will comply. This claim is for indemnity and contribution only and is not for affirmative relief. Claimants, Shelley Diane Cordova and Carrara Marble Company were served a lawsuit on September 5, 1995. A copy of that lawsuit is attached. The subject matter of that lawsuit is contained in Police Report #194-11319-2923-471, a copy of which is attached. Claimants allege that the accident in question was caused by the faulty sprinkler system on Diamond Bar Boulevard. Claimants allege that the City of Diamond Bar has primary responsibility to maintain the roadway and on that basis demand that the City of Diamond Bar assume the defense of the named defendants. Claimants demand that the City of Diamond Bar acknowledge its responsibility in this accident and indemnify claimants for any amount that may be recovered by Duane Leventry. Notices regarding acceptance or rejection of this claim should be sent to David E. Allen, Jr., Gorelick, Harpst & Lether, 725 Town & Country Road, Suite 300, Orange, California 92668- 4788. We request a timely -acceptance or rejection of this claim. Leventry v. Cordova October 31, 1995 Page two Very truly yours, GORELICK, HARPST & LETHER IIAVID`E. ALLEN R DEA: as Enclosures rrriiuiiniaiuninuiiifrruunrrriu�airiiirruiunuuruuaaruururuurriununiiirrnnnrrrruunurrrrnrrrurrrrurrrrrmrurrrurrrrrarrrr�ii�i�ir�i�i�r��rrnauunrur CARL WARREN & CO.;�'` ' - �JJJClainis Managmew xna Administration 750 The City Drive Site 400 95 X0''1 13 Orange, CA 92668 Mail: P.O. Box 25180 Santa Ana, CA 92799-5180 (714) 740-7999 November 9, 1995 (800) 5726900 FAX: (714) 740-7992 TO: City of Diamond Bar ATTENTION: Lynda Burgess, CMC/AAE, City Clerk RE: Claim Morning Sun Properties v. Diamond Bar Claimant Michael B. & Susan G. Collins Claimant Steven A.& Kathleen M. Emmert Claimant Ronald E. & Elizabeth L. Hodges Claimant Gene A. Iacono Claimant Sungho Jo Claimant Robert W. & Vickie L. Roberts Claimant Horst & Christa Schmiedeke Claimant Michael R. & Karen A. Sharbrough Claimant Sheng Che Wang Claimant George G. & Rosemarie Meeley D/Event 5/19/95 Rec'd Y/Office : 10/24/95 Our File S 82485 DK We have reviewed the above captioned claim and request that you take the action indicated below: a CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, C W N & COMPANY . Dwight . K cc: SCJPIA w/enc. CLAIM FOR DAMAGES c .. , V Pursuant to the provisions of Division 3.6 of Title I of the Government Code, the undersigned herewith presents a claim for damages to the City of Diamond Bar. The undersigned states as follows: 1. Name of Claimants: Michael B. & Susan G. Collins Steven A. & Kathleen M. Emmert Ronald E. & Elizabeth L. Hodges Gene A. Iacono Sungho Jo Lawrence D. MacDonald Michael B. & Susan G. Collins 1612 Morning Sun Ave. Walnut CA 91789 Steven A. & Kathleen M. Emmert 1738 Morning Sun Ave. Walnut CA 91789 Ronald E. & Elizabeth L. Hodges 1604 Morning Sun Ave. Walnut CA 91789 Gene A. Iacono 1608 Morning Sun Ave. Walnut CA 91789 Robert W. & Vickie L. Roberts Horst & Christa Schmiedeke Michael R- & Karen A. Sharbrough Sheng Che Wang George G, & Rosemarie Meeley Robert W. & Vickie L. Roberts 1600 Morning Sun Avenue Walnut CA 91789 Horst & Christa Schmiedeke 1635 Morning Sun Ave. Walnut CA 91789 Michael R. & Karen A. Sharbrough 1645 Morning Sun Ave. Walnut CA 91787 George G. & Rosemarie Meeley 20547 Shepherd Hills Road Walnut CA 91789 Sheng Che Wang 1657 Morning Sun Avenue Walnut CA 91789 Lawrence D. MacDonald 1611 S. Morning Sun Ave. Walnut CA 91789 Sungo Jo 1623 S. Morning Sun Ave. Walnut CA 91789 ("Claimants' Properties" herein) 3. Address to which Claimants desire notices to be sent: Major Alan Langer, Perona, Langer & Beck, 300 E. San Antonio Drive, Long Beach, CA 90807-0948. 4. The date of accrual of cause of action: May 19, 1995. to the claim: At all times material hereto, the Claimants have been and are the legal owners of real properties and improvements thereon with the common addresses described in item number two above, the Claimants' Properties. The City of Diamond Bar is the legal owner of real property adjacent to and surrounding the Claimants' Properties ("City Property" herein). The City Property includes slopes adjacent to the Claimants' Properties with the Claimants' Properties located at the base of the slopes. Additionally, the City of Diamond Bar is the owner of roads and sidewalks adjacent to the Claimants' Properties and is responsible for maintaining the roads and sidewalks and for protecting the public safety. The Claimants believe the City of Diamond Bar approved plans for and grading of the roads and drainage systems, and that the City of Diamond Bar accepted the roads and drainage systems for the benefit of the public. 2 On and before May 19, 1995, the City of Diamond Bar negligently, recklessly, and carelessly owned, graded, developed, maintained, and supervised the maintenance and ownership of the City Property so as to undermine the stability of the slopes and soils at the City Property and cause portions of the City Property to slide into and onto the Claimants' Properties, including the improvements thereon. The Claimants were unaware of the unstable soils conditions caused by the City's acts and omissions until May 19, 1995, when the acts and omissions caused the landslide onto the Claimants' Properties as described above. Additionally, the City of Diamond Bar negligently, recklessly, and carelessly owned, graded, developed, approved, accepted, and maintained the roads and sidewalks and drainage systems adjacent to the Claimants' Properties. The condition of the roads, sidewalks, and drainage systems owned, approved, and maintained by the City of Diamond Bar caused an increase in the volume of surface water run-off in the area which undermined the stability of the surrounding slopes and graded landscape. Further, the roads, drainage systems, and sidewalks were permitted to erode and deteriorate, and the soils thereunder permitted to destabilize, which contributed to the landslide on May 19, 1995. Finally, the Claimants believe the road itself, as approved and accepted by the City, was designed, developed, and constructed in such a way that it cut into the toe of the slopes and reduced the slope stability which destablization contributed to the May 19, 1995, landslide. Further, there are certain water and sewage pipes located on and around the City Property described above. The Claimants believe the City approved and accepted the water and sewage pipes for the benefit of the public. On and before May 19, 1995, the City negligently, recklessly, and carelessly designed, installed, maintained, and supervised the maintenance of the water pipes so as to cause the pipes to leak into the surrounding soil in the first half of 1995. During that period, water leaked from the pipes into the soil, and such leakage undermined the soils conditions and slope stability which ultimately contributed to a landslide of soils and debris onto the Claimants' Properties on May 19, 1995. Such leakage further undermined the stability of surrounding roads and sidewalks, causing dips to develop in the roads and sidewalks. 6. Description of the indebtedness, obligation_i&jury, damage or loss incurred: The landslide onto the Claimants' Properties created conditions which were and are unsafe and unhealthful and has caused the Claimants to suffer emotional distress, physical illness, worry, mental anguish, and poor health. The Claimants are claiming all damages for present and long term physical and mental illness and/or distress that will result. The damages include, but are not limited to, past, present, and future medical expenses, emotional distress, pain and suffering, inconvenience, and lost earnings and income. Further, the Claimants are seeking recovery of the diminution in property values, and any other property damage, including costs of repair and damage to personal property, resulting from the acts and/or omissions of the City. As a result of the landslide, the Claimants' Properties have been damaged, and repairs must be made. Additionally, the Claimants' Properties have been damaged in that the property values for each of the Claimants' Properties have been reduced as has the value for the neighborhood in general resulting from the now well documented landslide. The obligations incurred by the City are based, in part, upon theories of negligence, gross negligence, carelessness and recklessness, eminent domain, failure to take remedial actions, failure to properly maintain property, trespass, nuisance, and inverse condemnation. 7. The names of the public employees causing the iniy' damage or loss, if known: The Claimants are unaware of the names of the public employees who caused the injury, 4 damage, and loss. Certain individuals who represented they were public employees sent to investigate the incident are Mike Meyers, Mike Johnson, Gary Werner, and Jim Shuttleworth. (a) Property damage: The amount claimed. exceeds $10,000.00 for each claimant individually and will be within the jurisdiction of the Superior Court for the State of California. The computation will be based upon the diminution of value of the Claimants' Properties, as well as costs of repairing the Claimants' Properties, as determined by qualified experts. (b) Personal injury and other general damages: The amount claimed exceeds $10,000.00 for each claimant individually and will be within the jurisdiction of the Superior Court for the State of California. The computation will be based upon past, present and future medical expenses, emotional distress, pain and suffering, inconvenience, lost wages, and lost earnings and income. Executed this 6th day of November, 1995, at Long Beach, California. 6iA-IK E. TODD TRUMPER CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: Noavember 21, 1995 REPORT DATE: November 8, 1995 FROM: James DeStefano, Community Development Director TITLE: Release of Landscaping and Irrigation Bond Posted for 2845 Steeplechase Lane in the "Country" in Diamond Bar. SUMMARY: The Principal, Mr. Horng-Liang .Chen, desires release of a surety bond posted for landscaping and irrigation located at 2845 Steeplechase Lane, in the amount of $23,130.00. The Community Development Department finds that the Principal has performed all work as shown on the approved landscape plans on file with the City. The bond was a condition precedent to issuance of a final occupancy permit for the recently completed single family residence. RECOMMENDATION: It is recommended that the City Council 1) declare the obligations under this bond complete and release the surety bond in the amount of $23,130.00 which was posted with the City of Diamond Bar in August, 1995; 2) instruct the City Clerk to notify Mr. Chen and the Financial Institution of the City Council's action. LIST OF ATTACHMENTS:X Staff Report _ Public Hearing Notification _ Resolution(s) Bid Specification (on file in City Clerk's Office) —Ordinances(s) X Other: Copy of Surety Bond Agreement(s) 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 _ 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 REDY: Terrence L. Belr Frank Usher es DeStef City Manager Assistant City Manager CommunityDe lopment Director 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: Release of Landscaping and Irrigation Bond Posted for 2845 Steeplechase Lane in the "Country" in Diamond Bar. ISSUE STATEMENT: The Principal, Mr. Horng-Liang Chen, desires release of a surety bond posted for landscaping and irrigation located at 2845 Steeplechase Lane, in the amount of $23,130. The Community Development Department finds that Principal has performed all work as shown on the approved landscape plans on file with the City. This bond was a condition precedent to issuance of a occupancy permit for the recently completed single family residence. RECOMMENDATION: It is recommended that the City Council 1) declare the obligations under this bond complete and release the surety bond in the amount of $23,130.00 which was posted with the City of Diamond Bar in August, 1995; 2) instruct the City Clerk to notify Mr. Chen and the financial institution of the City Council's action. . FINANCIAL STATEMENT: This recommendation has no financial impact to the City. BACKGROUND: The City approved the development of a 6200 square foot single family residence in December 1991. The new owner, Mr. Chen, has recently completed all conditions of approval, has received a certificate of occupancy, and now desires release of the surety bond posted for landscaping and irrigation. Staff recommends the release of the following surety bond: Address: 2845 Steeplechase Lane Owner: Mr. Horng-Liang Chen Tract: 30289 Lot: 35 Company: East-West Bank Bond No.: 11649811 Amount: $23,130.00 PREPARED BY: James DeStefano Community Development Director CASH DEPOSIT IN LIEU OF LANDSCAPING AND IRRIGATION BOND (FAITHFUL PERFORMANCE, LABOR & MATERIALS) ACKNOWLEDGEA HM AND CONSENT OF FINANCIAL INSTITUTION EAST WEST BANK (hereinafter "Financial Institution") hereby acknowledges that MR. HORNG-LIANG CHEN (hereinafter "Depositor") has deposited with Financial Institution the sum of 23,130.00 Financial Institution acknowledges and agrees that the foregoing deposit stands in the name of the City of Diamond Bar, a California municipal corporation (hereinafter the "City"), and that the City is the owner of such account. No funds shall be withdrawn from the said account without the express, written consent of the City; provided, however, that any interest earned on the deposit shall belong to the Depositor. Financial Institution further acknowledges and agrees that upon written instructions from the City, Financial Institution shall immediately pay to the City such amount (not exceeding, in the aggregate, the sum specified above) as may be requested by the City. Financial Institution further acknowledges and agrees that such funds shall be paid to the City notwithstanding any contrary instructions that may have been given by the Depositor. Financial Institution represents to the City and warrants that the entire amount of the principle on deposit as provided herein is insured through the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC). WHEREFORE, this acknowledgement and consent is executed this day of Aug 18 , 19 95. FINANCIAL INSTITUTION: EAST WEST BANK BY• 379 S. DIAMOND BAR BLVD DIAMOND BAR, CA 91765 C-11- RSB KDSRM l 1 1 Account No. #11649811 W -WEST FEDMAL BOOK fi. EAST -WEST SAVINGS Account Holder(s) CITY OF DIAM M BAR AUTHORIZED SIGNATURE DATE -ED -48/18/95 BRANCH OFFlCE NO. BRANCH ADDRESS 379 S. Diamond Bar Blvd. This account is non -transferable and non-negotiable except on the books of the Bank YOUR ONE STOP FINANCIAL CENTER • Savings Accounts • Home Improvement Loans • Certificate Accounts • Escrow Service • Money Market Accounts • Collection Service • Interest Checking Accounts • Travelers Checks • Business Checking Accounts • Save By ;nail Service • Passbook Loans • Money Orders • Commercial Loans • VISA Credit Card • Safe Deposit Boxes • Christmas Club • Mortgage Loans • Individual Retirement Accounts (IRA) • Auto Loans • Basic Retirement Plans (BRP) • Home Equity Loans • Direct Deposit • Overdraft Protection CORPORATE OFFICE 1 415 HUNTINGTON DRIVE i SAN MARINO, CA 91108 y - TEL. (818) 799-5700 Figil A Federal Savings Bank LENDER SAV 001 R (6/93) 1 1 CHECK I A Told Iw ura:olled d Lunde' may be placed on a cheek w other tams you DEPOSIT depess w presew w ploleO agsksl *.W— by IM inOihNon Up -'Mw a u i AND sewn. please see our haws aveiUbd" poky for mora decals. CASHING LINE NO. DATE WITHDRAWALS INTEREST AND ADDITION gALANGE NO BOOK DATE AND INTEREST 1 AUG 18-95 *23130.00 *23130.00 1409! 2 3 i s aaaa LA M 8 9 10 I 1 11 12 13 j 14 1! 15 i 16 1� 1s 19 20 21 22 23 24 I! I EAST -WEST FEDERAL BRW f b CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.F TO: Honorable Mayor & Members of the City Council MEETING DATE: November 21, 1995 REPORT DATE: October 25, 1995 FROM: Lynda Burgess, City Clerk TITLE: 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 SUMMARY: 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 17200, 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 thereafter." The City Attorney has reviewed this request and has given approval. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 95 -XX approving the destruction of certain records which are no longer required as provided by Government Code Section 34090 and Elections Code Section 17200, et. seq. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority vote? _ Yes _ No 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: DEPARTMENT HEAD: Terrence L. Belang Frank M. Us r Lyrda Burgess City Manager Assistant City Manager City Clerk RESOLUTION NO. 95 - 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 14700 WHEREAS, it has been determined that certain City records under the charge of the following City Department are no longer required for public or private purposes: CITY CLERK WHEREAS, it has been determined that destruction of the above- mentioned materials is necessary to conserve storage space and reduce staff time, expense and confusion in handling and informing the public; and WHEREAS, Section 17200 of the Elections Code of the State of California authorizes an elections official to destroy original referendum petitions within eight (8) months after the final examination by the elections official; and WHEREAS, Section 17400 of the Elections Code of the State of California authorizes an elections official to destroy original recall petitions within eight (8) months after the final examination by the elections official; and WHEREAS, it is, therefore, desirable to destroy said records described as "Petition for a Referendum Against Resolution 92-44; ""Petition for a Referendum Against Resolution 93-58," "Petition for Recall of Gary G. Miller, Council Member" and Petition for Recall of Phyllis E. Papen, Council Member" in storage, without retaining a copy thereof; and Attorney. WHEREAS, said records have been approved for destruction by the City NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION 1. That approval and authorization is hereby given the City Clerk to destroy those records described as "Petition for a Referendum Against Resolution 92-44," "Petition for a Referendum Against Resolution 93-58," "Petition for Recall of Gary G. Miller, Council Member" and Petition for Recall of Phyllis E. Papen, Council Member" Resolution. SECTION 2. That the City Clerk shall certify to the adoption of this PASSED, ADOPTED AND APPROVED this day of , 1995. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar raaul2ua X1110 ON X sax ON SOX X ON X sax _ �1luofey�l ON SoA X Bis•ZIIw-341\56N39V\AVXV0Nll\09dM\:O n2louLw XI10 luelslssd calls fl *W xUBrJ :Ag ClaMUTAgH :sluawuedop poloa3;e 2uimolloj au1 qi!m passnastp I.Iodag LUodar atll .�q paloop-o sluauzlndop iaglo a.id uolsslulwo0 uolllopodsuB.ry 1g aijjejs Luolsslwwo0 IlotgAk �uolsslwwo0 e Xq PMOTAai uaaq liodai aul seH Lpassasse uaaq Ioedwl IeluawuorlAua seH &aloA s/t ro kluo few a armbar lrodar oql saoQ j . amolIV 5110 aul Xq panealAai uaaq luomaiRe ro ooueulpio `uoilnlosai aul seg r9111O (ooIj3O s,iIrai0 ,1110 u1 allj uo) suogeog!oad5 plg X uolleaggoN 2uumH olignd — 'S Z 'T :ISIgXDgH0 'IVJ_IIWRfIS :NOIyfIMJLSIQ 'IdX2IgyXH (s)luawaar�� — (s)sa0ueulpr0 — uop losaH X podaH jjmS X :SJ.MaWHOV,LLV 40 ,LSI'I •splq ioj loaford aqI asrlranpe of 3IraI0 J110 alll azuolllne pue posodoid se sleu2iS o133eiy uiny-1;a7 aql �o� suopeogloads pue sueld otp anorddg of uollnlosaH palloelie alpl Idope pouno0 X10 aql imp popuawwooar s1 1I :XOj LVCLN9MO0jH 'lenoadde Ilouno0 A110 ro; �pear are pue pawdard uaaq aneq laafoid aul ioj suopuoijloads pue sueid •sleu2Is agpil urns-13al anlaooi ll!m anuQ auudS uoplo0 le peoH uoAue0 earg pue preAalnog zeg puouM(i it, anuQ s2uudS uaplo0 punogipnoS puL, AeM larnrl uMunon it, prenalnog reg puou►elQ :x2IdL1 wfIS •anuQ s2uudS uoploO pue peoH uo�luuD Barg pue pmAolnog reg puowglQ pug anuQ s2uudS uaplo0 uo pue ZRIM lain-PIulelunow pue pienalnog reg puoweiQ uo sfou21S o13jgiy urny-137Z :g"IyI,L raaul�?ug AIiO `zluaM .V 02ro09 Molid 9661 `Si raqulanoN :aLV(I DdOdgN 9661 `S ragwaoaQ :g,Lv(i oXIyggW ra2eueW ,K110 `ra2uelag •Z aouarray :Oy 'OX vclmaov Z2IOdau VQNHDV Hdg QXOWVIQ dO XyI0 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 5, 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 Break Canyon Road. ISSUE STATEMENT The proposed projects are to construct left -turn traffic signals on Diamond Bar Boulevard at Mountain Laurel Way, on southbound Golden Springs Drive at Diamond Bar Boulevard and on Brea Canyon Road at Golden Springs Drive. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution to approve the plans and specifications as proposed and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY: The engineer's estimate for the three projects is $60,000, excluding any contingencies. The budget available is $88,000 in Gas Tax Funds and $22,000 in Developer's Fee for all signal projects. 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. 1 Left -Turn Traffic Signals Construction Locations on Diamond Bar Boulevard & Golden Springs Drive December 5, 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 by Notice to Proceed/Procure Start of Construction Completion of Construction C: \ W P60\ LINDAKAY\CCR-95 \LFT-MTL2. S IG 2 December 5, 1995 December 19, 1995 January 16, 1995 January 17, 1995 January 22, 1995 April 21, 1995 ",*T83 lit"car, 0Z190 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 Signaa 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. c:\dbar.spc 6 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 c:\dbar.spc 7 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. c:\dbar.spc 8 The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 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 (1000) 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. c:\dbar.spc 9 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: City 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 on the day of 1995, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar, California c:\dbar.spc 10 CITV (niv DIAMnND RAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: December 5, 1995 REPORT DATE: November 17, 1995 FROM: Bob Rose, Community Services Director TITLE: Resolution No. 95 -XX of the City Council authorizing the release of the Request for Proposals (RFP) for engineering services to prepare plans and specifications for the installation of ballfield lights and the correction of the drainage problems at Peterson Park. SUMMARY: There are two projects for improvements at Peterson Park that are funded in the 1995/96 fiscal year budget: 1.) Installation of Ballfield Lights. 2.) Correction of the drainage problems. The design work for these improvements require the services of a professional engineer. The RFP process is the method used to select the most qualified engineering firm to complete this work. At this time, (Continued on Page 2) RECOMMENDED ACTION: It is recommended that the City Council adopt Resolution No. 95 -XX authorizing the release of the RFP for engineering services to prepare plans and specifications for the installation of ballfield lights and the correction of the drainage problems at Peterson Park. LIST OF ATTACHMENTS: _K- Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specifications (on file in City Clerk's Office) Ordinance(s) X Other: Request for Proposals Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? X Yes _ No Parks & Recreation Commission 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Public Works Community Development REVIEWED BY: Terrey L. Bel ger Frank M. Usher Bob kose City Manager Assistant City Manager Community Services Director City Council Agenda Report Meeting Date: December 5, 1995 Peterson Park Redesign Page 2 SUMMARY: (continued) there are 18 firms on the mailing list that will receive the RFP. The scope of work in the RFP requires the engineer to conduct several public meetings, so that the construction of the improvements has the least negative impact on the park's patrons and that acceptable mitigation measures are included in the project in order to resolve concerns of residents living near the park. Total estimated cost for the scope of work described in the RFP is approximately $55,500. Total budget for these improvements is $370,000 ($140,000 in Proposition A "Safe Parks Act" funds and $230,000 in Quimby Funds). The design and construction of this project will have no impact on the General Fund. Operation and maintenance costs will be dependent on the final design and program schedule. CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 5, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrance L. Belanger, City Manger SUBJECT: Resolution No. 95 -XX of the City Council authorizing the release of the Request For Proposals (RFP) for engineering services to prepare plans and specifications for the installation of ballfield lights and the correction of the drainage problems at Peterson Park. ISSUE STATEMENT: The City Council has budgeted funds in the 1995/96 Fiscal Year budget for the installation of ballfield lights and the correction of the drainage problems at Peterson Park. The services of a professional engineer are required to develop the plans and specifications for these improvements. The RFP process is the method used to select the engineering firm that is most qualified to complete this work. RECOMMENDED ACTION: It is recommended that the City Council adopt Resolution No. 95 -XX authorizing the release of the RFP for engineering services to prepare plans and specifications for the installation of ballfield lights and the correction of the drainage problems at Peterson Park. FINANCIAL SUMP%4,RY: The installation of ballfield lights and the correction of the drainage problems at Peterson Park are budgeted in the 1995/96 Fiscal Year Budget in the total amount of $370,000. There are $140,000 in Proposition "A" Safe Parks Act funds and $230,000 in Quimby Funds available. There will be no cost impact on the General Fund for the design and construction of the project. Operation and maintenance costs will be dependent on the final design and program schedule. The estimated cost for engineering services for the scope of work described in the RFP is approximately $55,500. BACKGROUND: The City of Diamond Bar currently has only one ballfield that is lit for evening play. There are over twenty youth serving organizations that use City Parks to conduct their games and practices. The demand on this lighted facility far exceeds the available time for its use. This is especially true during the Fall and Winter months when darkness comes so early in the evening. Ballfield lights at Peterson Park are an approved improvement item in the Conditional Use Permit that authorized the construction of the park. The lights will provide for improved service to the community, especially with regard to youth serving organizations. City Council Report Meeting Date: December 5, 1995 RFP for Redesign of Peterson Park Page 2 BACKGROUND: (continued) The drainage problem at Peterson Park is the result of a combination of conditions that exist at the park. The park is designed to drain via surface flow across the existing soccer field. The soil consists of compacted clay that does not absorb water readily. The slightest amount of water creates a quagmire on the east end of the soccer field, which is directly in front of the goal. This condition makes the soccer field almost unplayable much of the time. With over 1,600 organized soccer players in Diamond Bar, field space is at a premium. Correction of the drainage problem will result in a much more playable and safe field. DISCUSSION: These projects require the services of a professional engineer to design the improvements. The scope of services listed in the RFP requires the engineer to conduct several public meetings which will be used to obtain public input and to answer concerns about the proposed improvements. To complete the improvements, it is possible that the athletic facilities will have to be shut down for a period of several months in order to complete the work in a safe manner. This could cause a negative impact on the community, especially the youth serving organizations that have come to depend on Peterson Park. Staffs preference is to schedule the improvements in a manner that has the least effect on the park's patrons. Also, there has been a concern expressed by the residents who live in the adjacent condominium complexes regarding the lighting of the ballfields for evening play. The public meetings will provide the opportunity to explore the concerns and to develop acceptable mitigation measures. PREPARED BY: Bob Rose Community Services Director RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE RELEASE OF THE REQUEST FOR PROPOSALS (RFP) FOR ENGINEERING SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF BALLFIELD LIGHTS AND THE CORRECTION OF THE DRAINAGE PROBLEMS AT PETERSON PARK. WHEREAS, it is the intention of the City Council to construct certain improvements in the City of Diamond Bar.. WHEREAS, the City of Diamond Bar has approval for use of $140,000 in discretionary grant funds from. the Proposition A "Safe Parks Act" for the installation of ballfield lights in Peterson Park. WHEREAS, the City of Diamond Bar has allocated $230,000 in Quimby Park Improvement funds for the correction of the drainage problems at Peterson Park. WHEREAS, such improvements will benefit the Diamond Bar community. NOW, THEREFORE, BE IT RESOLVED THAT the City of Diamond Bar shall release the Request For Proposals seeking the services of an engineer for the design of the improvements in Peterson Park. Proposals are to be delivered by 5:00p.m., January 5, 1996, to the Community Services Department, City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, CA 91765. By order of the City Council of the City of Diamond Bar, California. Dated this day of , 1995. PASSED, APPROVED AND ADOPTED by the City Council of the City of Diamond Bar this day of , 1995. MAYOR 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 City Council of the City of Diamond Bar, California, at its regular meeting held on the day of , 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: LYNDA BURGESS, CITY CLERK CITY OF DIAMOND BAR, CALIFORNIA REQUEST FOR PROPOSALS The City of Diamond Bar is seeking responses from qualified firms to provide professional engineering services for the preparation of plans, specifications and cost estimates for the re- design of Peterson Park, including support for the project during the construction phase. GENERAL BACKGROUND Peterson Park is a developed nine acre park located at 24142 E. Sylvan Glen Road in the City of Diamond Bar. The City plans to construct drainage improvements and install ballfield lights in the park. The park suffers from a high water table, run off from an adjacent slope and poor perculation into a compacted clay soil. Drainage across the athletic field is achieved by surface sheet flow, which is blocked in places by the build up of small berms and creates an almost unplayable surface consisting of mud and standing water. With regard to ballfield lighting, there has been some opposition expressed by residents of the condominium complexes adjacent to the park. There is an approved Conditional Use Permit that authorizes the City to construct ballfield lights at this park. The plans and specifications for the construction of the ballfield lights must still go before the City Council for approval. The youth serving organizations in Diamond Bar support the construction of the ballfield lights. The purpose of this RFP is to obtain a re -design plan for Peterson Park that solves the drainage problems and results in a lighted athletic field suitable for high quality recreational adult and youth softball and soccer play. City of Diamond Bar RFP Engineering Services 1 - Re -Design of Peterson Park SCOPE OF SERVICES Meet with City staff to finalize the scope of services and set a schedule for completion of the project. 2. Conduct field tests to determine the source(s) of the water that is surface flowing across the athletic fields. 3. Provide an analysis of the drainage problems and submit suggested solutions, with cost estimates, to the City that consider the budget for the project. 4. Prepare a conceptual plan of the selected solution, with cost estimates, that incorporates the installation of the ballfield lights. Plan to attend two public meetings, one Parks and Recreation Commission meeting and two City Council meetings to support the conceptual plan. 5. When directed by City staff, prepare 40 scale plans and specifications for the construction of park improvements (drainage solution and ballfield lights) and entire bid document package. Include engineer's estimate of cost to construct project. Plans must include engineer's calculations on all ballfield light standards using 80 miles per hour wind load, condition C. 6. Plan to attend up to two City Council meetings to support the bid documents during the approval process of the plans and specifications. 7. Prepare and distribute any necessary addendum to the bid documents. Also review submittals during bid process and recommend approval or rejection. 8. Review all submitted bids for completeness and check licenses and references of all contractors bidding to complete work. 9. Provide a written recommendation for the apparent low bidder based on information obtained in the submitted documents, interviews with references, State of California Consumer Affairs and other sources with first hand knowledge regarding the competency of the contractor to successfully complete the work described in the bid documents. 10. Attend the City Council meeting to support the award of the contract to the apparent low bidder. 11. Attend the pre -construction meeting to present information on the construction documents. Pre -construction meeting will include a site visit. 12. Review submittals and change order requests and provide written recommendations on City of Diamond Bar RFP Engineering Services 2 - Re -Design of Peterson Park their approval or rejection during the construction phase. 13. Provide support.of the construction documents by attending a meeting on-site up to once per week during the construction process and by providing telephone support as -needed to City staff, project manger, general contractor and City Inspector. 14. Attend final walk through of project and provide written recommendation on the acceptance of the project. 15. Prepare and submit as -built 40 scale drawings on mylar to the City after the completion of project construction. 16. Attend the City Council meeting to support acceptance of the project and the filing of the notice of completion. SUBMISSION PROCEDURES The proposal must include the following: ♦ Cover letter including name, address and telephone number for the firm, background information and the name of the contact person. ♦ Names and qualifications for the project team that will be providing the services, including resumes ♦ Scope of Services ♦ Proposed Fee (Must be submitted in separate, sealed envelope) ♦ Proposed hourly billing for each project team member that would be assigned and any expected additional expenditures ♦ Experience of the assigned team members with similar work ♦ Firm's capabilities relative to performing the required work within very reasonable time frames ♦ At least three references for similar work (Submittal of attached references form required) ♦ Schedule of required time line to complete the project SUBMITTAL DEADLINE Interested firms must submit four copies of the proposal to: Bob Rose, Community Services Director City of Diamond Bar 21660 E. Copley Drive, Ste 100 Diamond Bar, CA 91765 City of Diamond Bar RFP Engineering Services 3 - Re -Design of Peterson Park Proposals are due by: Friday, January 5, 1996 by 5:00p.m. SELECTION CRITERIA Selection of the firm will be done on a competitive basis. In reviewing and evaluating the response to this RFP, City staff will be considering the following: 1. Responsiveness and comprehensiveness of the proposal with respect to this Request for Proposals (RFP); 2. Experience of the firm in the area of hydrology. 3. Related experience and qualifications of the proposed project manager and project team. 4. Availability of project team and their ability to complete this project in a timely manner. 5. Information obtained from references. 6. Willingness to enter into standard City of Diamond Bar Consulting Services Agreement. 7. Reasonableness of the proposed fee The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. The City reserves the right to reject any or all proposals and may elect to make a decision without further discussion or negotiation. This solicitation for proposals is not to be construed as a contract of any kind. The City is not liable for any cost or expenses incurred in the preparation of the proposal. QUESTIONS All questions concerning this RFP should be directed to Bob Rose, Community Services Director at (909) 396-5694. Attachment: Consulting Services Agreement Declaration of Qualifications Form City of Diamond Bar RFP Engineering Services 4 - Re -Design of Peterson Park DECLARATION OF QUALIFICATIONS The Proposer shall furnish the following information: (Additional sheets may be attached if necessary) 1) Company: Address: City: Zip: 2) Telephone No. (___) 3) Contractor/Professional License Number: Fax No. 4) Type of Firm* 0 Individual 0 Partnership O Corporation Details (as requested below): Corporation chartered under laws of the State of 5) Number of years as a Contractor/Professional in construction work of this type: 6) Three projects of this type recently completed: Contract Type Date Owner's Name Amount Project Completed & Address 7) Person who inspected site of proposed work in Diamond Bar for your firm: Name Date of inspection *If an individual, so state. If a firm or co -partnership, state the firm name, and give the names and addresses of all individuals, co-partners, composing the firm. If a corporation, state the legal name of the corporation, also names of the President, Secretary, Manager and Treasurer thereof, with their business addresses. NOTE: If requested by the Owner, the proposer shall furnish a notarized financial statement, references, and other information sufficently comprehensive to permit an appraisal of his current financial condition. CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Bar, a municipal corporation ("City") and ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting 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 . 1995, and shall continue until 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 not exceed dollars 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. S. Addresses. City: City Manager Consultant: City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, Califomia 91765-4177 "025 105?2-W of IWA iom" 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 Consultants 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 fiuther 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 Consultants 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 Managets 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') fiom 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 conclusive in favor of the Indemnitee's right to recover under this 950325 10372 -OMI by,d IMGn 4 Page 2 indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing alts indemnification provision. Notwithstanding the foregoing, nothing in this inst ument 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 team 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; (4) professional liability insurance (errors and ommissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) 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, authomobile liability, and professional liability shall providethat 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) days prior written notice thereof. Consultant agrees that it will not canal, 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 that 9"M 10572-COMI 19y.m IOM - n 4 Page 3 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 fifteen (15) 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 fifteenth (15th) 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 fust anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish 930523 10372 -MMI t>j/gd 10926774 Page 4 to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case pM* r 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-handir.ap, 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 fust 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 aq 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 City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. "0525 iosnaoo I IsYM IOM77 4 Page 5 21. . Attorney's Fees. In the event that either party to this Agreement shall commence any Iegal or equttable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert 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 facsimile 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 forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing 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. Entire 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 breach 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. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: City clerk Approved as to form: By: City Attorney By: City Manager "CONSULTANT" By: Its: "052510572 -WW I ISy a IOM774 Page 6 ADDITIONAL INSURED ENDORSEMENT COMPREIIENSWE GENERAL LIABQ.rrY Name and address of named insured ("Named Insured'): ivame ana aaaress of insurance Company ("Company'): elenerat aescriptton of agreement(s), permit(s), license(s), and/or acirvity(fes) 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 some 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 J -t ADDITIONAL INSURED ENDORSEMENT "0323 iosTr4000i I*td Torun 4 COMPREHENSIVE GENERAL LIABILITY conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 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 or 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. aim • .:1 r• 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: J-2 ADDrTIONAL INSURED ENDORSEMENT "032J to�n-0000i �o.z•n COMPREHENSIVE GENERAL LIABILITY ❑ Contractual Liability ❑ Owners/Landlords/Tenants ❑ Manufacturers/Contractors ❑ Products/Completed Operations O Broad Form Property Damage O Extended Bodily Injury O Broad Form Comprehensive ❑ General Liability Endorsement ❑ Explosion Hazard ❑ Collapse Hazard ❑ Underground Property Damage ❑ Pollution Liability ❑ Liquor Liability � ial 12. A ❑ deductible or O self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or O per occurrence (check one). 13. This is an (3 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.: 19� Signature of Authorized Representative (OriSiRd sigma only, no facsimile signature or initialed signatwe accepted) .I-3 ADDITIONAL INSURED ENDORSEMENT mos=s 10572 -Mi + iorur�a COMPREHENSIVE GENERAL LMILITY ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABELrrY Name and address of named insured ("Named Insured'): Name and address of Insurance Company (-company,): General description of agreement(s), permit(s), lieense(s), and/or activity(tes) 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 voluntary 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. S. 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 permits) designated above, between the Named Insured and the Additional Insureds. •N ADDITIONAL INSURED ENDORSEMENT "0525 1037240M1 LWA iOM774 AUTOMOBILE LABILITY 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) dayspior 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, aad 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 MS ENDORSWENT ATTACHES FROM(170 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: O Any Automobiles ❑ All Owned Automobiles ❑ Non -owned Automobiles ❑ Hired Automobiles 9!0525 105724=1 1#94 109U" 4 ❑ Truckers. Coverage ❑ Motor Carrier Act ❑ Bus Regulatory Reform Act ❑ Public Livery Coverage J -S ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY ❑ Scheduled Automobiles p ❑ Garage Coverage ❑ 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or 13 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 mmne), 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 signamw only, no facsimile signature or initialed signatwe accepted) J-0 ADDITIONAL INSURED ENDORSEMENT 9M25 105724= 1 10M774 AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY [rame ana aaaress of namea insured ("Named Insured'): runrr area aaaress of insurance (;ompany (-Company'): General description ofagreement(s), permit(s), license(s), and/or activity(fes) 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: The ("Public Agency'), its elected officials, officers, attorneys, agents, employees, P Yees, 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 to 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 J-7 ADDITIONAL INSURED ENDORSEMENT "0523 10372.00N1 IM6774 EXCESS LIABILITY conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 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. B. 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 cf 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 TMS ENDORSEBONT MIA= FBOMrrO L1A9IL11Y O Following Form O Umbrella Liability O 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOL '1 ,M ADDITIONAL INSURED ENDORSEMENT "0523 10572-OOMI Ihr,a IM6774 EXCESS LIABILITY 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A O deductible or ❑ self-insured retention (check one) of S applies to all coverage(s) except: (f none, so state). The deductible is applicable O per claim or O per occurrence (check one). 13. Ibis is an O occurrence or 17 claims made policy (cluck 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 19_ Signature of Authorized Representative (Origind signature only, no facsimile signature or inkWed signature accepted) Phone No.:( ) J-9 ADDITIONAL INSURED ENDORSEMENT "0125 10572-00001 1+A 1092677 4 11 EXCESS LIABILITY CIT -r UI DiturivuIYD DLII\ AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: December 5, 1995 FROM: Kellee A. Fritzal, Administrative Assistant Anne M. Haraksin, Administrative Intern AGENDA NO. I I REPORT DATE: November 29, 1995 TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: UPPER SYCAMORE CANYON PEDESTRIAN/BIKE ROUTE SUMMARY: The City of Diamond submitted an application for the 1996/97 Fiscal Year Environmental Enhancement and Mitigation Program Grant. The purpose of the grant would be to provide for a pedestrian/bike route in Upper Sycamore Canyon from Summit Ridge Park to Diamond Bar Boulevard. The route would traverse the scenic canyon. This implementation of the pedestrian trail acts in accordance with the General Plan Resource Management Element Strategy 1.3.7, "Pursue development of an integrated trails system within the community". The City, if awarded the grant, would administer the grant and be reimbursed for all costs associated by the State of California. RECOMMENDATION: Adopt Resolution No. _ (1995) approving the application for grant funds for the Upper Sycamore Canyon Pedestrian/Bike Route. EXTERNAL DISTRIBUTION: 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? X Yes _ No Report discussed with the following affected departments: 13WAIXVAIJ a1]:�'i e5e �-f, Terrence L. Belatfa Frank M. Usher ellee A. Fritzal City Manager Assistant City Manager Administrative Assistant Resolution No- (1995) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: UPPER SYCAMORE CANYON PEDESTRIAN/BIKE ROUTE WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities, and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF DIAMOND BAR 1. Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. 2. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. Appoints Terrence L. Belanger, City Manager, as agent of the City of Diamond Bar to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. Approved and Adopted the day of 1995, the undersigned, hereby certify that the foregoing Resolution Number (1995) duly adopted by the City of Diamond Bar following roll call vote: Ayes: COUNCILMEMBER: Noes: COUNCILMEMBER: Absent: COUNCILMEMBER: Lynda Burgess, City Clerk City of Diamond Bar rTTV nF nrAMnNn RAR AGENDA REPORT AGENDA NO. , I TO: Terrence L. Belanger, City Manager MEETING DATE: December 5, 1995 REPORT DATE: November 29, 1995 FROM: Kellee A. Fritzal, Administrative Assistant Anne M. Haraksin, Administrative Intern TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: SANDSTONE CANYON PEDESTRIAN/BIKE ROUTE SUMMARY: The City of Diamond submitted an application for the 1996/97 Fiscal Year Environmental Enhancement and Mitigation Program Grant. The purpose of the grant would be to provide for a pedestrian/bike route in Sandstone Canyon from Pathfinder Rd/Brea Rd to South Pointe Middle School. The route would traverse the scenic canyon. This implementation of the pedestrian trail acts in accordance with the General Plan Resource Management Element Strategy 1.3.7, "Pursue development of an integrated trails system within the community". The City, if awarded the grant, would administer the grant and be reimbursed for all costs associated by the State of California. RECOMMENDATION: Adopt Resolution No. _ (1995) approving the application for grant funds for the Sandstone Canyon Pedestrian/Bike Route. EXTERNAL DISTRIBUTION: 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? X Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger City Manager Frank M. Usher '' Assistant City Manager Administrative Assistant Resolution No- (1995) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: SANDSTONE CANYON PEDESTRIAN/BIKE ROUTE WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities, and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF DIAMOND BAR 1. Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. 2. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. 3. Appoints Terrence L. Belanger, City Manager, as agent of the City of Diamond Bar to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. Approved and Adopted the the foregoing Resolution following roll call vote: Number _ day of 1995, the undersigned, hereby certify that (1995) duly adopted by the City of Diamond Bar Ayes: COUNCILMEMBER: Noes: COUNCILMEMBER: Absent: COUNCILMEMBER: Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ky TO: Terrence L. Belanger, City Manager MEETING DATE: December 5, 1995 REPORT DATE: November 27, 1995 FROM: George A. Wentz, City Engineer TITLE: Approval of Plans and Specifications for Construction of Golden Springs Drive Subsurface Drainage Improvement Project (Sylvan Glen Road To 500' Northerly) ISSUE: Consideration and approval of construction plans and specifications for the subject project and authorization for the City Clerk to advertise for bids. RECOMENDATION: It is recommended that Council adopt Resolution No 95 -XX approving the construction plans and specifications for the project and authorizing and directing the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution(s) X 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 majority or 4/5 vote? MAJORITY Majority 3. Has environmental impact been assessed? N/A _ Yes No 4. Has the report been reviewed by a Commission? 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: -,' ZTerrence L. B nger rank M. s e Geo e A. Went E. City Manager Assistant Ci y Manager City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 5, 1995 TO: Honorable Mayor and Members of the City Council FROM: George A. Wentz, City Engineer SUBJECT: Golden Springs Drive Subsurface Drainage Improvement Project (Sylvan Glen Road To 500' Northerly) ISSUE STATEMENT This matter requests the Council's consideration and approval of construction plans and specifications for the subject project and authorization for the City Clerk to advertise for bids. RECOMMENDATION It is recommended that the City Council: 1) adopt Resolution No 95 -XX approving the construction plans and specifications for the project and authorizing the City Clerk to advertise the project for bids. FINANCIAL SUMMARY Golden Springs Drive Subsurface Drainage Improvement Project (Sylvan Glen Road To 500' Northerly) construction costs are estimated to be $77,550. This project is included in the current year budget of capital improvement projects. The budget for this project is $100,000. Approval of this project will reduce this budget amount by approximately $85,300, including estimated construction costs of $77,550 plus 10% contingency cost of $7,750. City Council Report Meeting December 5, 1995 Golden Springs Drive Subsurface Drainage Improvement Project Page 2 BACKGROUND/DISCUSSION The Golden Springs Drive Subsurface Drainage Improvement Project proposes to construct a system of subsurface drains in an area of Golden Springs Drive from Sylvan Glen Road to 500' northerly to protect the pavement from premature failure and enhance the safety of the motoring public. This area of Golden Springs Drive has for some time experienced seepage of natural groundwater into the pavement base and even through the asphalt pavement onto the roadway surface. This proposed subdrain system, which consists of 8' to 10' deep trenches backfilled with permeable filter material around a perforated drain pipe, will then be connected to the existing LA County Flood Control District storm drain running southerly through Peterson Park approximately 125' easterly of Golden Springs Drive. The City Engineer's office has prepared the plans and specifications for this project. Bids are to be received no later than January 4, 1996. It is anticipated that a construction contract will be awarded in January 1996 with construction occurring in February. CONCLUSION Approval of this resolution is appropriate in authorizing the plans and specifications for this improvement project and soliciting construction bids. PREPARED BY: Michael D. Myers, P. for George A. Wentz, P.E. City Engineer RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. A. RECITALS• (i) It is the intention of the City of Diamond Bar to construct certain improvements in the City. (ii) The City has prepared plans and specifications for the construction of certain improvements. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. The facts set forth under Part A, Recitals herein above are true and correct. 2. The plans and specifications presented by the City be and are hereby approved as the plans and specifications for: GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (Sylvan Glen Road TO 500' Northerly). 3. 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 in form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, directing this notice, NOTICE IS HEREBY GIVEN that said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of the City of Diamond Bar, on or before the hour of 10:00 A.M. on the 4th day of January 1996, sealed bids or proposals for: GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (Sylvan Glen Road to 500' Northerly) in said City. Bids will be opened and publicly read immediately thereafter. Page 1 Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar and clearly marked: "Bid: City of Diamond Bar, GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (Sylvan Glen Road to 500' Northerly), to be opened at 10:00 A.M. on January 4th, 1996" 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. 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, 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 §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 §1777.5 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 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 Page 2 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 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 ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted Page 3 to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code 51773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City for an amount equal to at least ten percent (10$) 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 fifty percent (50%) 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 for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C34 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 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 $15.00; said $15.00 is non-refundable. Page 4 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. 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 and 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. PASSED, APPROVED, AND ADOPTED this day of , 1995. Mayor, City of Diamond Bar I, LYNDA BURGESS, the City Clerk of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995 by the following vote: AYES: COUNCILMEMBER(S): NOES: COUNCILMEMBER(S): ABSENT: COUNCILMEMBER(S): ABSTAIN: COUNCILMEMBER(S): ATTEST: City Clerk, City of Diamond Bar Page 5 CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) J J��F-L�I� �U GL NOVEMBER 29, 1995 C3 R CITY OF DIAMOND BAR Phyllis E. Papen Gary H. Werner Clair W. Harmony Eileen R. Ansari Mayor Mayor Pro -Tem Councilmember Councilmember Terrence L. Belanger City Manager CITY OF DIAMOND BAR SPECIFICATIONS AND CONTRACT DOCUMENTS FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) PREPARED BY City of Diamond Bar Office of City Engineer 21660 East Copley Drive Suite 190 Diamond Bar, California 91765 Telephone: (909)396-5671 George A. Wentz, P.E. Director of Public Works/City Engineer Prepared Under the Supervision Of Michael D. Myers, RCE 30702 Charles Abbott Associates Torrance, CA The City Clerk of the City of Diamond Bar, California will receive in the Office of the City Clerk, in City Hall, in said City, until 10:00 a.m. on January 4th, 1996, sealed proposals for the performance of the above described services. TABLE OF CONTENTS ITEMS PAGES NOTICE INVITING SEALED BIDS . . . . . . . . . . . . . . . . 1 - 2 CITY COUNCIL RESOLUTION . . . . . . . . . . . . . . . . . . 1 - 5 INFORMATION FOR BIDDERS . . . . . . . . . . . . . . . . . . 1 - 6 BID FORM . . . . . . . . . . . . . . . . . . . . . . 1 - 13 BIDDER'S PROPOSAL . . . . . . . . . . . . . . . 1 - •2 BID SCHEDULE . . . . . . . . . . . . . . . . . . . 3 LIST OF SUBCONTRACTORS . . . . . . . . . . . . . . 4 CONTRACTOR'S INDUSTRIAL SAFETY RECORD . . . . . . . 5 AFFIDAVIT FOR CO -PARTNERSHIP FIRM . . . . . . . . . 6 AFFIDAVIT FOR CORPORATION BIDDER . . . . . . . . . 7 AFFIDAVIT FOR INDIVIDUAL BIDDER . . . . . . . . . . 8 AFFIDAVIT FOR JOINT VENTURE . . . . . . . . . . . . 9 BIDDER'S BOND . . . . . . . . . . . . . . . . . . 10 CERTIFICATE OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION . . . i. . . . . . . . . . . . . . . 11 CERTIFICATE WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS AND SUBCONTRACTS . . . . . . . . . . . 12 NON -COLLUSION AFFIDAVIT . . . . . . . . . . . . . 13 CONTRACT AGREEMENT & BONDS . . . . . . . . . . . . . . . . 1 - 10 . AGREEMENT . . . . . . . . . . . . . . . . . . 1 - 8 FAITHFUL PERFORMANCE BOND . . . . . . . . . . . . 9 LABOR AND MATERIAL BOND . . . . . . . . . . . . . 10 PROJECT SPECIFICATIONS . . . . . . . . . . . . . . . . . . 1 - 22 GENERAL CONDITIONS . . . . . . . . . . . . . . 1 - 2 SPECIAL CONDITIONS . . . . . . . . . . . . . 3 - 22 STANDARD DRAWINGS . . . . . . . . . . . . . . . . . . . APPENDIX A CONSTRUCTION DRAWINGS . . . . . . . . . . APPENDIX B, SHEET 1 of 1 Table of Contents - Page i NOTICE INVITING SEALED BIDS FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) CITY OF DIAMOND BAR NOTICE INVITING SEALED BIDS FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) RECEIPT OF PROPOSALS: Sealed proposals will be received at the office of the City Clerk, City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California, until 10:00 o'clock a.m. on January 4th, 1996 for the construction of approximately 1,055 feet of perforated subsurface drain and tightline drain and other incidental and appurtenant work. The words "Bid: City of Diamond Bar, GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (Sylvan Glen Road to 500' Northerly) to be opened at 10:00 o'clock a.m. on January 4th, 1996" shall appear on the envelope of each sealed bid and each sealed envelope shall be addressed to the City Clerk, City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California, 91765. The proposals will be publicly opened and read in the City Hall, Diamond Bar, California, at 10:00 o'clock a.m. on January 4th, 1996. DESCRIPTION OF WORK: The work to be performed or executed under these specifications consists of and includes the construction of approximately 1,095 feet of subsurface drain, including 4" and 6" perforated pipe, permeable backfill material and filter fabric; approximately 200 feet of 6" tightline drain; surface cleanout assemblies; modification of existing subsurface drain; connection to an existing 66" RCP storm drain; trench repavement and sidewalk reconstruction and other incidental and appurtenant work necessary for the complete and proper construction of the work, as shown on the project plans and specifications. COMPLETION OF WORK: All work shall be completed within TWENTY (20) working days after the date contained in the Notice to Proceed as issued by the City. ENGINEER'S ESTIMATE: The project is estimated to cost $77,550 for all work performed in accordance with the provisions of the Plans, Specifications, Notices and Instructions to Bidders and all other contract documents. OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all contract documents may be obtained at the Office of the City Clerk, City Hall, 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765, upon payment of a non-refundable fee of $15.00. There is an additional charge of $10.00 for each set of plans and specifications that is requested to be mailed. Notice Inviting Sealed Bids - Page 1 PROPOSAL GUARANTEE: Each proposal must be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of ten percent (10%) of the bid price payable to the City of Diamond Bar as a guarantee that the bidder, if his proposal is accepted, will promptly execute the contract, secure payment of Workmen's Compensation Insurance, furnish a satisfactory Faithful Performance Bond in the amount of one hundred percent (100%) of the total bid price, and a Labor and Material Bond in an amount not less than fifty percent (50%) of the contract price. Said bonds to be secured from a surety company authorized to do business in the State of California, and subject to the approval of the City Attorney. PREVAILING WAGE RATE: As required by the California Labor Code, Section 1770 et seq. the City Council of the City of Diamond Bar incorporates herein by reference the general prevailing rate of per diem wages as determined by the Director of Industrial Relations of the State of California. Copies of the prevailing rate of per diem wages are on file in the Office of the City Clerk and will be made available to any interested party upon request. In accordance with the Labor Code, no workman employed upon work under this contract shall be paid less than the above referenced prevailing wage rate. A copy of said rates shall be posted at each job site during the course of construction. Any classification omitted herein shall be paid not less than the prevailing wage scale as established for similar work in the particular area, and all overtime shall be paid at the prevailing rates as established for the particular area. Sunday and holiday time shall be paid at the wage rates determined by the Director of Industrial Relations. PAYMENT: Payment will be made to the Contractor in accordance with the Specifications. WITHHELD CONTRACT FUNDS: In accordance with Section 22300 of the California Public Contract Code, the Contractor may substitute securities for monies withheld by the City of Diamond Bar to ensure performance under any contract entered into pursuant to this notice inviting bids. CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right to reject any and all proposals or bids, should it deem this necessary for the public good, and also the bid of any bidder who has been delinquent or unfaithful in any former contract with the City of Diamond Bar. No bidder may withdraw his bid for a period of sixty (60) days after the date of the bid opening. CITY OF DIAMOND BAR, CALIFORNIA Lynda Burgess, City Clerk DATE: Notice Inviting Sealed Bids - Page 2 CITY COUNCIL RESOLUTION FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) RESOLUTION NO. 95-%R A RESOLUTION OF THE DIAMOND BAR APPROVING GOLDEN SPRINGS DRIVE PROJECT (SYLVAN GLEN CITY AND AUTHORIZING ADVERTISE TO RECEIVE A. RECITALS• CITY COUNCIL OF THE CITY OF PLANS AND SPECIFICATIONS FOR THE SUBSURFACE DRAINAGE IMPROVEMENT ROAD TO 500' NORTHERLY) IN SAID AND DIRECTING THE CITY CLERK TO BIDS. (i) It is the intention of the City of Diamond Bar to construct certain improvements in the City. (ii) The City has prepared plans and specifications for the construction of certain improvements. B. RESOLUTION. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. The facts set forth under Part A, Recitals herein above are true and correct. 2. The plans and specifications presented by the City be and are hereby approved as the plans and specifications for: GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (Sylvan Glen Road TO 500' Northerly). 3. 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 in form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, directing this notice, NOTICE IS HEREBY GIVEN that said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of the City of Diamond Bar, on or before the hour of 10:00 A.M. on the 4th day of January 1996, sealed bids or proposals for: GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (Sylvan Glen Road to 500' Northerly) in said City. Bids will be opened and publicly read immediately thereafter. City Council Resolution - Page 1 Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar and clearly marked: "Bid: City of Diamond Bar, GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (Sylvan Glen Road to 500` Northerly), to be opened at 10:00 A.M. on January 4th, 1996" 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. 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, 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 §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 §1777.5 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 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: City Council Resolution - Page 2 A. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make 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, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. City Council Resolution - Page 3 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 §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 fifty percent (50%) 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 for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A 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 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 $15.00; said $15.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an City Council Resolution - Page 4 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. 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 and 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. PASSED, APPROVED, AND ADOPTED this day of _, 1995. Mayor, City of Diamond Bar I, LYNDA BURGESS, the City Clerk of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1995 by the following vote: AYES: COUNCILMEMBER(S): NOES: COUNCILMEMBER(S): ABSENT: COUNCILMEMBER(S): ABSTAIN: COUNCILMEMBER(S): ATTEST: City Clerk, City of Diamond Bar City Council Resolution - Page 5 INFORMATION FOR BIDDERS FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids shall be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1994 Edition (with all supplements). All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in the proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter into said contract, the cash, check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The proposal must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the proposal on behalf of the bidder. 4. MODIFICATIONS: Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which are not specifically called for in the contract documents may result in the City's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification of any bid submitted will be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. Information For Bidders - Page 1 5. DISCREPANCIES IN THE PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items ( if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall he allow any subcontractor to commence work on this subcontract until all similar insurance issued in compliance with this section shall be issued in the farm, and be an insurer of the insurers, satisfactory to and first approved by the City in writing. Certificates of Insurance in the amounts required shall be furnished by the Contractor to the City prior to the commencement of work. The Contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who Information For Bidders - Page 2 may come within the protection of such Workmen's Compensation Insurance laws. The Contractor shall maintain public liability insurance to protect said Contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said Contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $1,000,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $1,000,000 with respect to any property damage aforesaid. The Contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the Contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payment to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than fifty percent (50%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract document. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. Information For Bidders - Page 3 10. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. No award will be made to any bidder who cannot give satisfactory assurance as to his ability to carry out the Contract, both from his financial rating and by reason of his previous experience as a Contractor on work of the nature contemplated in the Contract. The bidder may be required to submit his record of work of similar nature to that proposed under these specifications, and unfamiliarity with the type of work may be sufficient cause for rejection of the bid. 11. AWARD OF CONTRACT: The City may award the Contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal, if alternates are indicated. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the Contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals; provided that the award may be made after said period if the successful bidder shall not have given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the Contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following). Forms for this purpose are furnished with the contract documents. 15. WORKMEN'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor Information For Bidders - Page 4 shall sign and file with the City the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which require compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The form of such certificate is included as part of the contract documents. 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the City, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the Contract, the City may award the Contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the Contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be re -advertised. 18. "OR EQUAL": Pursuant to Division 2, Chapter 3, Article 5 (commencing at Section 3400) Public Contract Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES The Contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to Information For Bidders - Page 5 exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the Contractor and all subcontractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, twenty five dollars ($25.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS, FEES AND LICENSES: The Contractor shall possess a valid City of Diamond Bar business license prior to the issuance of the first payment made under this Contract. 23. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of written "Notice to Proceed" of the City and to fully complete the project within twenty (20) working days thereafter. Bidder must agree also to pay as liquidated damages, the sum of five hundred dollars ($500.00) for each calendar day thereafter. Information For Bidders - Page 6 BID FORM FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500° NORTHERLY) BIDDER'S PROPOSAL FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) IN CITY OF DIAMOND BAR, CALIFORNIA. Date: 1996 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co -partnership, give the name under which the co -partnership does business, and the names and addresses of all copartners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and special, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached Bid Schedule. It is understood and agreed that the quantities set forth are estimates, and that the unit prices will apply to the actual quantities whatever they may be. Bid Form- Page 1 Accompanying this (Insert "$ "certified check", equal to at least proposal is or "bidder's bond" ten percent (10%) cash", as the case may be) of the total bid. "cashier's check", in the amount The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the Contract has been awarded and ready for signature, the proceeds of the security accompany his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION Bid Form- Page 2 BID SCHEDULE FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) ITEM ITEM DESCRIPTION NO. EXTENDED AMOUNT 1. 6" PLASTIC DRAIN (In Figures) LINE, COMPLETE 2. MODIFY EXISTING $ SUB -DRAIN TO JOIN 1 NEW, COMPLETE 3. 6" PERFORATED PIPE 500 SUBSURFACE DRAIN $ SYSTEM, COMPLETE 4. 4" PERFORATED PIPE $ SUBSURFACE DRAIN 9 SYSTEM, COMPLETE 5. CLEAN-OUT ASSEMBLY, COMPLETE 6. CONNECTION TO EX. 66" RCP STORM $ DRAIN, COMPLETE 7. SHEETING, SHORING & $ DEWATERING 8. EXPLORATORY EXCAVATIONS (POTHOLE) EST UNIT UNIT PRICE EXTENDED AMOUNT QTY (In Figures) (In Figures) 200 LF $ $ 1 EA $ $ 500 LF $ $ 395 LF $ $ 9 EA $ $ LS $ $ LS $ $ 6 EA $ $ TOTAL AMOUNT BID (IN FIGURES): $___M TOTAL BID AMOUNT (IN WORDS): Bid Form- Page 3 LIST OF SUBCONTRACTORS * BID OPENING DATE PROJECT LOCATION CLIENT CONTRACTOR Name Under Which License Address of Office, Subcontractor is Number Mill, or Shop Licensed PROJECT NO. Percent Specific Description of Total of Subcontract work & portion of the Work *Any subcontractor doing work in excess of one-half (1/2) of one percent (1%) of the total amount bid shall be designated on this form. Bid Form- Page 4 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification Bid Date This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. 5 Calendar Years Prior to Current Year 1990 1991 1992 1993 1994 TOTAL CURRENT YEAR 1. No. of contracts 2. Total dollar amount of contracts (in 1000's) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost workday cases involving permanent transfer to another job or termination of employment 6. No. of lost workdays The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses, OSHA No. 102. The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. Name of Bidder (Print) Signature Address State Contractors' Lic. No. & Class. City Zip Code Telephone Bid Form- Page 5 AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES } , being first duly sworn, deposes and says: That he is a member of the co -partnership firm designated as which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested with authority to make and sign instruments for the co -partnership by who constitute the other members of the co -partnership. Subscribed and sworn to before me this Signature day of 19 Signature of Officer Administering Oath (Notary Public) Bid Form- Page 6 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) first duly sworn, deposes and says: That he is of, , being a corporation which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this Signature day of 19 Signature of Officer Administering Oath (Notary Public) Bid Form- Page 7 AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this Signature day of 19 Signature of Officer Administering Oath (Notary Public) Bid Form- Page 8 AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this Signature day of 19 Signature of Officer Administering Oath (Notary Public) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE as Principal, and as Surety, are held and firmly bound unto the City of Diamond Bar in the sum of ten percent (10%) of the total amount of the bid of the Principal above named, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall at 10:00 A.M. on the 4th day of January 1996, for GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (Sylvan Glen Road to 500, Northerly). NOW, THEREFORE, if the aforesaid Principal is awarded the Contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgement is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , 1996. (SEAL) PRINCIPAL SIGNATURE AND TITLE (SEAL) SURETY SIGNATURE AND TITLE NOTE:Signatures of those executing for the Surety must be properly acknowledged. Bid Form- Page 10 CERTIFICATION OF Nondiscrimination AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding nondiscrimination in employment; and that is will pursue an affirmative course of action as required by the affirmative action guidelines. we agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM TITLE OF OFFICER SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. Bid Form- Page 11 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder , proposed subcontractor, hereby certifies that he has has not participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. DATE: (COMPANY) BY: (TITLE) 1996. NOTE:The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt). Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Bid Form- Page 12 NON -COLLUSION AFFIDAVIT TO: THE CITY OF DIAMOND BAR: STATE OF CALIFORNIA ) ss COUNTY OF ) , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited and other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contact of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature of Bidder STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Subscribed and sworn to before me this day of 1996. Notary Public in and for the County of State of California Bid Form- Page 13 CONTRACT AGREEMENT AND BONDS FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) AGREEMENT FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated F 1996 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated 1996, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within TWENTY (201 working days from the date of the notice to proceed. Contract Agreement & Bonds - Page 1 The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of FIVE HUNDRED ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub—contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. Contract Agreement & Bonds - Page 2 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: ,,it is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional Contract Agreement & Bonds - Page 3 insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on Contract Agreement & Bonds - Page 4 such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, Contract Agreement & Bonds - Page 5 political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 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. Contract Agreement & Bonds - Page 6 This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, 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 our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. Nondiscrimination: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated , 1996. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. Contract Agreement & Bonds - Page 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. Date By: TITLE CITY OF DIAMOND BAR, CALIFORNIA Date By: ATTEST: By: Date MAYOR CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date Contract Agreement & Bonds - Page 8 FAITHFUL PERFORMANCE BOND FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) KNOW ALL MEN BY THESE PRESENTS, THAT WE ter referred to as "Contractor" as PRINCIPAL,and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said Contract release either said Contractor or said Surety and notice of such alterations or extensions of the Contract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obligee and judgement is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1996. PRINCIPAL BY: (SEAL) SURETY (SEAL) Contract Agreement & Bonds - Page 9 LABOR AND MATERIAL BOND FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) KNOW ALL MEN BY THESE PRESENTS, THAT WE ereinafter referred to as "Contractor" as PRINCIPAL, an as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed Contract with said City for construction of the work under City's specification entitled and is required by said City to give this bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor in said Contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1996. PRINCIPAL BY: SURETY (SEAL) (SEAL) Contract Agreement & Bonds - Page 10 PROJECT SPECIFICATIONS (GENERAL and SPECIAL CONDITIONS) FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) PROJECT SPECIFICATIONS GENERAL CONDITIONS FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) GENERAL CONDITIONS SPECIFICATIONS All work shall be done in accordance with the Standard Specifications for Public Works Construction (1994 Edition and all subsequent supplements), hereinafter referred to as Standard Specifications, Construction Drawings, Standard Drawings and these Special Provisions. The Standard Specifications are published by Building News, Inc. 3055 Overland Avenue, Los Angeles, California 90034 and are included herein by reference only. ADDENDA The City Engineer may, without City Council approval, issue addenda to the Contract Documents during the period of advertising for bids for the purpose of: (a) revising prevailing wage scales or (b) clarifying or correcting Special Provisions, Plans or Bid Proposal, provided that any such addenda does not change the original scope and intent of the project. Purchasers of contract documents will be notified and furnished copies of such addenda, either by certified mail or personal delivery, during the period of advertising. ESTIMATED QUANTITIES The quantities given in the Proposal and Contract form are approximate, being given as a basis for the comparison of bids only, and the city does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the worK. TIME LIMIT AND NOTICE TO PROCEED All work shall be completed within TWENTY (20) working days. The counting of working days shall start on the date contained in the Notice to Proceed as issued by the City. The Contractor shall ensure that all materials required for the project will be available for the scheduled work. No additional working days will be allowed for material delay once the Contractor commences work. The Contractor shall notify the City Engineer at least seven (7) calendar days prior to the start of work. Project Specifications - Page 1 General Conditions COMPETENCY OF BIDDER The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the Contract and shall be skilled and regularly engaged in the general class or type of work called for under this Contract. Contractor's License Class A and/or C32 is required for this project. CONTRACTOR'S INDUSTRIAL SAFETY RECORD All bidders will be required to submit information as to their industrial safety record on the form provided in the Bid Proposal. A review of this safety record will be made prior to a determination of the lowest responsible bidder, and any adverse finding as to the bidder's safety record or any bid submitted which does not contain the Contractor's Industrial Safety Record, filled out and signed by the Contractor, may be sufficient cause for rejection of the bid. Project Specifications - Page 2 General Conditions PROJECT SPECIFICATIONS SPECIAL CONDITIONS FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) PART 1- GENERAL PROVISIONS SPECIFICATIONS The general provisions related to the contract, contractor, construction materials to be furnished and the construction methods for the work to be done shall be furnished and performed and/or executed shall be in accordance with Part 1 of the "Standard Specifications for Public Works Construction", 1994 Edition and all subsequent supplements, hereinafter referred to as the Standard Specifications and these Special Conditions. The Standard Specifications are included herein by reference only. The Standard Specifications set forth above control the general provisions, construction materials, and construction methods for this contract axcept as amended by the plans, Special Conditions, or other contract documents. The following Special conditions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise notedand the section numbers of the Special Conditions coincide with those of the Standard Specifications. Only those sections requiring elaboration, amendment, specificaiton of options, or additions are called out. SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS. SUBSECTION 1-2. DEFINITIONS. Subsection is amended by addition of the following. Agency - City of Diamond Bar (City) Board - City Council of the City of Diamond Bar Caltrans - State of California, Department of Transportation City Manager- City Manager of the City of Diamond Bar or authorized representative City Engineer -City Engineer of the City of Diamond Bar or authorized representative County - Los Angeles County Engineer - City Engineer of the City of Diamond Bar or authorized representative Federal - United states of America State - State of California Project Specifications - Page 3 Special Conditions Part 1 - General Provisions SECTION 2. SCOPE AND CONTROL OF WORK. SUBSECTION 2-1. AWARD AND EXECUTION OF CONTRACT. Subsection is amended by addition of the following. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the Contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the City Clerk, City of Diamond Bar at City Hall, 21660 East Copley Drive, Suite 100, Diamond Bar, California. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. BIDDER'S GUARANTEE. All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of not less than ten percent (10%) of the amount named in said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check or bidder's bond is enclosed therewith. RETURN OF BIDDER'S GUARANTEES. Proposal guarantees will be held until the Contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice to Bidders, Proposal, bonds, Instructions to bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the Contract by reference. A Corporation to which an award is made will be required, before the Contract is Project Specifications - Page 4 Special Conditions Part 1 - General Provisions finally executed, to furnish evidence of its corporate existence and evidence that the officer signing the Contract and bonds for the corporation is duly authorized to do so. SUBSECTION 2-4. CONTRACT BONDS. The second sentence of the third paragraph of subsection is deleted and replaced with the following. The "Payment Bond" (Material and Labor) Bond) shall be not less than 50 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers by it on the work. SUBSECTION 2-5. PLANS AND SPECIFICATIONS. Subsection 2-5.1 General. Subsection is amended by the addition of the following. CITY ENGINEER AUTHORITY TO ISSUE ADDENDA. An addendum to these specifications may be issued by the City Engineer at any time prior to the bid opening. Subsection 2-5.4 Control Plans and Specifications. Subsection 2-5.4 is added to section 2-5 as follows. The contractor shall maintain a control set of plans and specifications on the project site at all times. All final locations determined in the field, and any deviations from the plans and specifications, shall be marked in red on this control set to show the as -built location and conditions. Upon completion of all work, the contractor shall return the control set to the engineer. Final payment will not be made until this requirement is met. SUBSECTION 2-9. SURVEYING. Subsection 2-9.3 Survey Service. The text of subsection 2-9.3 is deleted and replaced with the following. The contractor shall perform and be responsible for the provision and accuracy of surveying adequate for construction of the work in accordance with the plans and specifications. Unless otherwise specified, stakes shall be set and stationed by a civil engineer or land surveyor, registered by the State of California, for all curbs, gutters, headers, sewers, storm drains, subsurface drains, structures and rough grade. A corresponding offset location of the stake to the planned alignment of the work and cut or fill to finished grade (or flowline) shall be indicated on a grade sheet. A copy of all grade sheets shall be provided to the engineer. Full compensation for providing surveying services, including furnishing all labor, materials or equipment necessary, shall be cosidered as included in the contract price paid for those items of work for which surveying services are required and no separate or additional compensation will be made therefore. Project Specifications - Page 5 Special Conditions Part 1 - General Provisions SECTION 3. CHANGES IN WORK. SUBSECTION 3-2 CHANGES INITIATED BY THE AGENCY. Subsection 3-2.1. General. Subsection is amended by addition of the following. CITY MANAGER AUTHORITY TO APPROVE CHANGE ORDERS. Notwithstanding any limitation imposed by this subsection, the City Manager may, without City Council approval, approve payment for changes in the work which may increase the aggregate contract cost by not more than seven thousand seven hundred fifty ($7,750) dollars. SUBSECTION 3-3 EXTRA WORK. Subsection 3-3.1. General. Subsection is amended by addition of the following. CITY MANAGER AUTHORITY TO APPROVE EXTRA WORK. Notwithstanding any limitation imposed by this subsection, the City Manager may, without City Council approval approve payment for extra work in the aggregate amount provided for in subsection 3-2.1. SECTION 5. UTILITIES. SUBSECTION 5-1. LOCATION. Subsection is amended by addition of the following. LOCATION OF UNDERGROUND UTILITIES DETERMINED. The location and existence of substructures have been determined by a search of records maintained by their owners. No guarantee is made or implied that the information shown is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of substructures of every nature and to protect them from damage. The Contractor shall pothole or expose all high risk underground facilities if necessary. CONTRACTOR TO NOTIFY SUBSTRUCTURE OWNERS. The Contractor shall notify the Agency and the owners of all possible utilities and substructures not less than forty-eight (48) hours prior starting work. Contractor shall contact Underground Service Alert (USA) not less than forty-eight (48) hours prior to digging and verify the locations of all utilities. UTILITY OWNER AND PUBLIC AGENCY IDENTIFICATIONS. Utility owners and Public Agencies who may have facilities or interests which may affect the work are as follows: General Telephone Company Pomona Unified School Project Specifications - Page 6 Special Conditions Part 1 - General Provisions 400 E. Phillips RC 3680 G Pomona, CA 91766 (909) 865-3327 Blvd. District 800 S . Garey Avenue Pomona, CA 91766 (909) 397-4820 Webster's Refuse Disposal 13940 East Live Oak Baldwin Park, CA 91706 (909) 599-1274 Western Waste 13793 Redwood Avenue Chino, CA 91718 (909) 591-1718 Community Disposal 14048 Valley Boulevard City of Industry, CA 91744 (909) 336-3636 Southern California Edison Company 800 West Cienega San Dimas, CA 91773 (909) 592-3724 Jones Intercable Walnut 20965 Lycoming Street Walnut,CA 91789 (909) 594-2729 Pacific Bell Walnut Valley water District 271 South Brea Canyon Road Walnut, CA 91789 (909) 595-7554 Los Angeles County Department of Public Works Operation Services (818) 458-1708 Los Angeles County Department of Public Works Sewer Maintenance (818) 458-7117 Southern California Gas Company Distribution Department (909) 592-1799 Walnut Valley Unified School District 880 South Lemon Avenue Walnut, CA 91789 (909) 595-1261 Los Angeles County Sheriff's Department (909) 595-2264 Los Angeles County Fire Department (909) 861-5995 Each of the above listed utility companies and agencies shall be notified in writing (copy to City) of the project. They shall be invited to a pre -construction meeting and be provided a copy of the Contractor's work schedule. SUBSECTION 5-2. PROTECTION. Subsection is amended by the addition of the following. PROTECTION OF EXISTING UTILITIES. The Contractor is hereby alerted to the existence of underground utility lines. The Contractor shall carefully protect all lines during the course of construction. The Contractor is responsible for the Project Specifications - Page 7 Special Conditions Part 1 - General Provisions protection of any utilities and for any damage to any such utility during the prosecution of work. Any damage to utility shall be repaired to the satisfaction of the organization owning the facility. SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK. SUBSECTION 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Subsection is amended by the addition of the following. CONSTRUCTION SCHEDULE. The Contractor shall submit a written proposed construction schedule to the City Engineer ten (10) calendar days prior to the start of work. The schedule shall list all necessary preparatory work and be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Such schedule shall be subject to the review and approval by the City Engineer. No work shall be done until the City Engineer and the Contractor have agreed to the schedule to be followed by the Contractor. PRE -CONSTRUCTION MEETING. Prior to the commencement of work the Contractor shall arrange a pre -construction meeting with the City Engineer and representatives from utility companies. The preconstruction meeting shall be held a minimum of ten (10) calendar days prior to commencement of any work. SUBSECTION 6-2 PROSECUTION OF WORK. Subsection is amended by the addition of the following. TRASH COLLECTION ROUTE SCHEDULE No street(s) shall be closed nor will any work be allowed on a street, before trash is collected from that street, on the day which collection is scheduled. Questions regarding trash collection and scheduled days for collection can be directed to: Webster's Refuse Disposal Western Waste ( 9 0 9 ) 599-1274 (909) 591-1718 STREET SWEEPER ROUTE SCHEDULE. All pavement paint shall be applied at least twenty-four (24) hours prior to the scheduled sweeping of any street in the project area. Questions regarding street sweeping operations and scheduled days for sweeping can be directed to: Community Disposal Company Customer Service (800) 327-3807 Project Specifications - Page 8 Special Conditions Part 1 - General Provisions WORKING DAY HOURS OF ACTIVITIES. The contractor's activities shall be confined to the hours between 7:00 AM and 4:00 PM on any working day. Deviation from these hours will not be permitted without prior written consent of the engineer, except in the case of an emergency involving immediate hazard to persons or property. In the event of either a requested or emergency deviation to these hours, inspection service fees will be calculated at overtime rates including benefits, overhead and travel time. The inspection service fee will be charged to the contractor and deducted from the amounts due the contractor. SUBSECTION 6-9 LIQUIDATED DAMAGES. The liqudated damages value is amended to be $500 per day. SECTION 7. RESPONSIBILITIES OF THE CONTRACTOR SUBSECTION 7-2. LABOR. Subsection is amended by the addition of the following. LABOR DISCRIMINATION. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 11 or Part VII, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. SUBSECTION 7-3 LIABILITY INSURANCE. Liability insurance values are amended in accordance with those stated values in the contract agreement. SUBSECTION 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Subsection is amended by addition of the following. CONTRACTOR'S RESPONSIBILITY FOR PROTECTION AND RESTORATION OF THE WORK. Reference is made to Section 6 - 8 of the Standard Specifications and these General Provisions. Except as provided above, until the formal acceptance of the work by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal Government or the public enemy. EXISTING TRAFFIC STRIPING AND MARKINGS. Existing traffic striping, pavement markings or markers and curb painting and marking shall be considered as existing improvements. If the Project Specifications - Page 9 Special Conditions Part 1 - General Provisions construction of the work or the the contractor's operations remove, damage or reduce the reflectivity of these existing improvements, the contractor shall repaint or replace such improvements. Such repainting or replacement shall be at the contractor's expense unless otherwise provided. SUBSECTION 7-10 PUBLIC CONVENIENCE AND SAFETY. Subsection 7-10.1. Traffic And Access. Subsection is amended by the addition of the following. TRAFFIC CONTROL. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The CalTrans "Manual of Traffic Controls" shall be used for all traffic control on this project. Payment for this work shall be included in other items of work and no separate payment will be made. ACCESS TO ADJACENT PROPERTIES. The Contractor shall maintain access to all adjacent properties. DETOURS. In no case shall traffic be diverted from the existing traveled way without prior approval of the City Engineer. TRAFFIC FLOW. In order to facilitate the flow of traffic during the contractual period, the Agency reserves the right to extend the limits of the project to include any areas where signing and delineating is deemed necessary by the Engineer. PAYMENT FOR TRAFFIC CONTROL. Full compensation for complying with the above requirements, including providing all labor, materials or equipment necessary, shall be considered as included in the contract price paid for other items of work, unless otherwise specified, and no separate or additional compensation will be made therefore. Subsection 7-10.2 Storage of Equipment and Materials in Public Streets. Subsection is amended by the addition of the following. STORAGE SITE. It shall be the Contractor's responsibility to locate any storage site(s) for materials and equipment needed and such site(s) either located on public or private property must be approved in advance by the City Engineer. REMOVAL OF MATERIALS. All materials which are removed by the contractor's operations or materials which are designated for removal shall not be stored at the site but shall be removed immediately and shall be disposed of properly. No overnight Project Specifications - Page 10 Special Conditions Part 1 - General Provisions storage of equipment, materials or debris will be allowed in the street area. SECTION 9. MEASUREMENT AND PAYMENT. SUBSECTION 9-3 PAYMENT. Subsection is amended by addition of the following. The Contractor agrees that the payment of the amount under the Contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work performed under the Contract or any alterations thereof. Subsection 9-3.1 General. Subsection is amended by addition of the following. GUARANTEE. The Contractor agrees for a period of one year, commencing with the Final Notice of Completion, to correct without additional charge to the City, any defects in the work performed, or in the materials furnished, by the Contractor and/or manufacturer, jointly. Subsection 9-3.2 Partial and Final Payment. Subsection is amended by addition of the following. The third paragraph of this subsection is deleted and replaced with the following. PROGRESS PAYMENTS. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the proceeding calendar month, based on the contract price less all previous payments, provided that in all events, the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the Contract, nor shall it in any way govern the final estimate. FINAL PAYMENTS. After the completion of the Contract, the City Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall pay to the Contractor an amount which, when added to the payments previously made and deductions allowable to the City, will equal ninety percent (90%) of the contract price. Thereafter the balance of the contract price remaining unpaid shall be paid 35 calendar days after the recording of a Notice of Completion by the City. The payment of the final amount due under the Contract and the adjustment and payment for any work Project Specifications - Page 11 Special Conditions Part 1 - General Provisions done in accordance with any alterations of the same shall release the City from any and all claims on account of the work performed under the Contract or any alterations thereof. SECURITIES SUBSTITUTED FOR WITHHELD CONTRACT FUNDS. Pursuant to Section 22300 of the California Public Contract Code, the contractor, at its own expense, may deposit securities with the Agency or with a state or federally chartered bank, as escrow agent, in lieu of having funds withheld by the agency to ensure performance under the contract. The acceptable securities that may be substituted for contract funds withheld are those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. The amount of securities to be deposited shall be equivalent to the maximum amount permitted to be withheld as specified in Subsection 9-3.2. The Agency may claim and receive all or a portion of these funds to be used for the same purpose as if the funds had been withheld as above specified. Formal acceptance of the project by the Agency terminates the Agency's interest in the securities. Project Specifications - Page 12 Special Conditions Part 1 - General Provisions PROJECT SPECIFICATIONS SPECIAL CONDITIONS FOR GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) PART 2 AND PART 3 - CONSTRUCTION MATERIALS AND CONSTRUCTION METHODS SPECIFICATIONS The construction materials to be furnished and the construction methods for the work to be done shall be furnished and performed and/or executed in accordance with Parts 2 and 3 of the "Standard Specifications for Public Works Construction", 1994 Edition and all subsequent supplements therto, hereinafter referred to as the Standard Specifications and these Special Conditions. The Standard Specifications are included herein by reference only. Where reference in these Special Conditions is made to the State Standard Specifications it shall mean the July 1994 edition of the State of California Standard Specifications as issued by the State of California Department of Transportation. Applicable portions, as may be referenced herein, of the State Standard Specifications are included herein by reference only. PART 2 CONSTRUCTION MATRERIALS SECTION 200 - ROCK MATERIALS SUBSECTION 200-1 ROCK PRODUCTS Subsection is amended to addition of the following subsection. SECTION 200-1.6 Rock for Subsurface Drain Filter Material. Rock for bedding and backfilling trenches, under around and over perforated subdrain pipe for subsurface drains shall meet the requirements of section 68-1.025 of the State Standard Specifications. SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS SUBSECTION 201-4 CONCRETE CURING MATERIALS Subsection 201-4.1 General. Concrete curing compound shall be Type 2. SECTION 203 - BITUMINOUS MATERIALS _ Project Specifications - Page 13 Special Conditions Parts 2 & 3 - Construction Materials & Methods SUBSECTION 203-3 EMULSIFIED ASPHALT Subsection 203-3.1 General. Tack coat material shall be Grade SS -1h. SUBSECTION 203-6 ASPHALT CONCRETE Subsection 203-6.1 General. Asphalt concrete material for permenant pavement replacement shall be Class and Grade C2 -AR - 4000. SECTION 206 - MISCELLANEOUS METAL ITEMS SUBSECTION 206-3 GRAY IRON CASTINGS Subsection is amended by addition of the following subsection. Section 206-3.7 Frame and Cover for Surface Access to Subsurface Drain. Surface access frame and cover for subsurface drain cleanout assembly shall be Alhambra Foundry casting No. A-1240 or approved equal. Any raised cast identification markings on the cover, other than "Cleanout" or "C.O.", shall be removed by grinding flush with the surrounding cast surface and the makings "Cleanout" or "C.O." shall be cast or brazed on the cover. SECTION 207 - PIPE Section is amended by addition of the following subsection. SUBSECTION 207-21 PERFORATED PLASTIC PIPE FOR SUBSURFACE DRAINS. Perforated plastic pipe for subsurface drains shall meet the requirements of section 64 of the State Standard Spec if ications . SECTION 213 - ENGINEERING FABRICS Section is amended by addition of the following subsection. SUBSECTION 213-3 FILTER FABRIC MATERIALS FOR SUBSURFACE DRAINS Filter fabric material for subsurface drains shall meet the requirements of section 88-1.03 of the State Standard Specifications for filter fabric for underdrains. Treated filter fabric samples will not be required to be submitted for testing. The engineer may require that a manufacturer's certification be supplied for material installed. PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK Project Specifications - Page 14 • Special Conditions Parts 2 & 3 - Construction Materials & Methods SUBSECTION 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials. 300-1.3.2 Requirements. 300-1.3.2(a) Bituminous Pavement. The first and second sentences of the first paragraph of subsection are deleted and replaced with the following. Bituminous pavement shall be removed to clean, straight, neatly sawcut edges. SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION SUBSECTION 306-1 OPEN TRENCH OPERATIONS 306-1.1 Trench Excavations. 306-1.1.1 General. The third paragraph of subsection is deleted and replaced with the following. Excavation shall include the removal of and all water and excavated materials of any nature, including rock, which interfere with the construction work. EXPLORATORY EXCAVATION (POTHOLE). When the actual elevation or position of any existing pipe, conduit or other underground appurtanceses cannot be determined without excavation, the contractor shall excavate and expose the existing improvement at the location shown on the plans or any other locations deemed necessary by the engineer. Such excavations shall be considered as part of the excavation necessary for the work. The engineer shall be given the opportunity to inspect the existing improvement when it is exposed. Adjustments in line or grade which accomplish the intent of the plans may be made by the engineer. Compensation for exploratory excavations will be made at the lump sum or unit price bid and shall be full compensation for furnishing all labor, materials or equipment necessary to complete the work in accordance with the plans and spec if ications . When the contract does not include a bid item for exploratory excavations, and unless otherwise provided in the specifications, full compensation for any necessary exploratory excavations shall be included in the price bid for other items of work and no separate or additional payment will be made therefore. REMOVAL OF GROUND WATER. All groundwater shall be removed to or below the level of the pipe subgrade. Compensation for removal of groundwater will be made at the lump sum price bid Project Specifications - Page 15 Special Conditions Parts 2 & 3 - Construction Materials & Methods and shall be full compensation for furnishing all labor, materials or equipment necessary to complete the work in accordance with the plans and specifications. 306-1.1.2 Maximum Length of Open Trench. The first sentence of the first paragraph of subsection is deleted and replaced with the following. Except by permission of the engineer, the maximum length of open trench where pre -fabricated pipe is used shall be the distance necessary to accomodate the amount of pipe installed in a single day. 306-1.1.3 Maximum and Minimum width of Trench. The last two paragraphs of subsection are deleted. 306-1.1.5 Removal and Replacement of Surface Improvements. Subsection is amended by addition of the following. Surface pavement, sidewalks and driveways shall be removed and replaced in accordance with section 306-1.5.1 of the Standard Specifications and Special Conditions. 306-1.2 Installation of Pipe. 306-1.2.1 Bedding. Subsection is amended by addition of the following. Additional Bedding for Filling Voids Below Subgrade. Subgrade voids occuring below or the pipe subgrade plane shall be filled with crushed aggregate base or processed miscellaneous base in accordance with section 200-2 of the standard specifications. Perforated Subsurface Drain Pipe Bedding. Perforated subsurface drain pipes shall be bedded with material meeting the requirements of Class 1 or Class 2 permeable material in accordance with Section 68.0125 of the State Standard Specifications. 306-1.2.2 Pipe Laying. Subsection is amended by addition of the following. Perforated Subsurface Drain Pipe Laying. Perforated subsurface drain pipes shall be layed and jointed in accordance with Section 68 of the State Standard Specifications. 306-1.3 Backfill and Densification. 306-1.3.5 Imported Backfill Perforated Subsurface Drain Pipe Backfill. Perforated subsurface drain pipes shall be backfilled with material _ Project Specifications - Page 16 Special Conditions Parts 2 & 3 - Construction Materials & Methods meeting the requirements of Class 2 permeable material in accordance with Section 68.0125 of the State Standard Specifications. 306-1.4 Testing Pipelines. Subsection is amended by addition of the following subsection. 306-1.4.7 Testing of the Subdrainage System. Two separate tests shall be made on each section of subdrain line by the contractor to assure the proper functioning of the subdrainage system. Each test shall be conducted in the presence of the engineer. The first test shall be performed after placement of the bedding material and prior to the placement of the backfill. The first test shall consist of flushing the section of line being tested with sufficient water to develop a clear flow of five (5) cubic feet per minute from the end of the line being tested. Flow shall be measured by measuring equipment furnished by the contractor and approved by the engineer. The second test shall be performed after construction of the complete subdrainage system including placement of all backfill. Sufficient water shall be introduced into each branch of the system and the mainline to develop the same flow, as required in the first test, at the point of connection with existing storm drain. Final approval of the subdrainage system will be given only when the discharge is of uniform and clear flow. Any necessary cleaning of the subdrain lines to meet the above requirements shall be performed by the contractor at its own expense. 306-1.5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. The fourth and fifth paragraphs of subsection are deleted and replaced with the following. Full compensation for temporary bituminous resurfacing, including all labor. tools or equipment necessary, shall be considered as included in the contract price paid for other items of work and no separate or additional compensation will be made therefore. 306-1.5.1 Permenant Resurfacing. Subsection is amended by addition of the following. Asphalt pavement removed as a result of trenching operations shall be removed to the limits and replaced as shown on the City of Diamond Bar Standard Drawing No. ST -931, Trench Repavement Section. Project Specifications - Page 17 Special Conditions Parts 2 & 3 - Construction Materials & Methods Where existing PCC sidewalk or driveways are removed as a result of trenching operations they shall be replaced in accordance with Los Angeles County Department of Public Works Standard Plan 1020-0. 306-1.6 Basis of Payment for Open Trench Installations. The third paragraph of subsection is deleted and replaced with the following. The price paid per linear foot for perforated pipe subsurface drain and for tightline drain pipe shall be considered full compensation for all couplings, wyes, tees, bends, fittings, and connections and other special construction shown on the plans; the removal of interfering portions of existing sub - drains, storm drains and other improvements; the excavation of the trench; for control of surface waters; the preparation of subgrade; placing and joining the pipe; furnishing and placing the filter fabric, bedding and backfill (permeable filter material); temporary bituminous resurfacing and replacement of existing surface improvements, including curb and gutter, PCC sidewalks and driveways, and pavement and base material; and all other appurtenant work necessary in conforming to the plans, the applicable provisions of the Standard Specifications and these Special Conditions. EXPLANATION OF BID ITEMS BID ITEM NO. 1 - 6" PLASTIC DRAIN LINE GENERAL. The contractor shall construct 6" PLASTIC TIGHTLINE DRAIN as shown on the plans and required by the specifications. This work shall include furnishing pipe in accordance with Section 207 - PIPE and installing pipe in accordance with Section 306, UNDERGROUND CONDUIT CONSTRUCTION and these specifications, including the furnishing and placement of temporary bituminous resurfacing and permanent resuracing, and all other appurtenant work necessary in conforming to the plans, the applicable provisions of the Standard Specifications and these Special Conditions. PAYMENT. Payment for 6" PVC TIGHTLINE DRAIN will be at the contract unit price bid in accordance with the Standard Specifications and these Special Conditions and shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to perform all work, involved in, or appurtenant to, the construction of the improvement (including temporary bituminous resurfacing and Project Specifications - Page 18 Special Conditions Parts 2 & 3 - Construction Materials & Methods permenant resurfacing), complete in place, as shown on the plans and as required by the Contract Documents. BID ITEM NO 2 - MODIFYEXISTING SUB -DRAIN TO JOIN NEW SUB -DRAIN GENERAL. The contractor shall MODIFY EXISTING SUB -DRAIN TO JOIN NEW SUB -DRAIN as shown on the plans and required by the specifications. This work shall include furnishing pipe in accordance with Section 207 - PIPE and installing pipe in accordance with Section 306, UNDERGROUND CONDUIT CONSTRUCTION and these specifications, including exposing and modifying the existing subdrain by installing suitable fitting(s) to divert the existing subdrain flow into a 4" plastic connector pipe to the new perforated subsurface drain. The existing downstream portion of the existing subdrain shall be reconnected and shall provide suitable clear flow. PAYMENT. Payment for MODIFY EXISTING SUB -DRAIN TO JOIN NEW SUB -DRAIN will be at the contract unit price bid respectively and shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to perform all work, involved in, or appurtenant to the construction of the improvement (including permenant and temporary resurfacing) complete in place, as shown on the plans and as required by the Contract Documents. BID ITEMS NO. 3 & 4 - 4" & 6" PERFORATED PIPE SUBSURFACE DRAIN SYSTEM, COMPLETE GENERAL. The contractor shall construct 4" & 6" PERFORATED SUBSURFACE DRAIN as shown on the plans and required by the specifications. This work shall include excavating the trench, furnishing and installing perforated pipe, fiter material, and filter fabric in accordance with Section 68, SUBSURFACE DRAINS, of the State Standard Specifications including the furnishing and placement of temporary and permanent bituminous resurfacing in accordance with the City of Diamond Bar standard plan for pavement replacement, and all other appurtenant work necessary in conforming to the plans, the applicable provisions of the Standard Specifications, the State Standard Specifications and these Special Conditions. MATERIALS. Perforated pipe material shall be perforated plastic pipe per Section 68-1.02K of the State Standard Specifications. Filter fabric shall be filter fabric per Section 88-1.03 of the State Standard Specifications. Fiter material shall be permeable fiter material per Section 68-1.025 of the State Standard Specifications, Standard Specifications, and these Special Conditions. PAYMENT. Payment to construct 4" and 6" PERFORATED SUBSURFACE DRAIN will be in accordance with Section 68-1.05 of the State _ Project Specifications - Page 19 Special Conditions Parts 2 & 3 - Construction Materials & Methods Standard Specifications, as modified herein, at the contract unit price bid respectively and shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to perform all work, involved in, or appurtenant to the construction of the improvement, including temporary bituminous resurfacing and permanent resuracing in accordance with the City of Diamond Bar standard plan for pavement replacement, complete in place, as shown on the plans and as required by the Contract Documents. BID ITEM NO. 5 - CLEANOUT ASSEMBLY, COMPLETE GENERAL. The contractor shall construct CLEANOUT ASSEMBLY as shown on the plans and required by the specifications. This work shall include furnishing pipe in accordance with Section 207-17 PVC PLASTIC PIPE UTILIZING SOLVENT CEMENT JOINTS and installing pipe in accordance with Section 306, UNDERGROUND CONDUIT CONSTRUCTION and these specifications, and furnishing surface access cover in accordance with these special conditions, including the furnishing and placement of temporary bituminous resurfacing and permanent resuracing, and all other appurtenant work necessary in conforming to the plans, the applicable provisions of the Standard Specifications and these Special Conditions. PAYMENT. Payment for CLEAN-OUT ASSEMBLY will be at the contract unit price bid and shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to perform all work, involved in, or appurtenant to, the construction of the improvement (including temporary resurfacing), complete in place, as shown on the plans and as required by the Contract Documents. BID ITEM NO 6 - CONNECTION TO EX. 66' RCP STORM DRAIN CONMPLETE GENERAL. The contractor shall connect the 6" PVC tightline drain to the existing RCP storm dran as shown on the plans and required by the specifications. This work shall include excavation for the connection, removal of interferring portions of the existing RCP storm drain and connection as shown on the plans including the furnishing and placement of temporary bituminous resurfacing and permanent resuracing, and all other appurtenant work necessary in conforming to the plans, the applicable provisions of the Standard Specifications and these Special Conditions. PAYMENT. Payment for CONNECTION TO EX. 66, RCP STORM DRAIN will be at the contract unit price bid and shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to perform all work, involved in, or appurtenant to, the construction of the Project Specifications - Page 20 Special Conditions Parts 2 & 3 - Construction Materials & Methods improvement (including temporary resurfacing), complete in place, as shown on the plans and as required by the Contract Documents. BID ITEM NO 7_ - SHEETING, SHORING & DEWATERING GENERAL. In accordance with Section 6705 of the State Labor Code, the contractor shall submit to the city specific plans to show the details and provisions for worker protection from caving of trenches. The contractor shall install and maintain in place all shoring and sheeting necessary for the protection of workers and the adjacent property. The contractor shall make all provisions necessary to remove surface and groundwater from all trenches and excavations, and maintain suitably dry conditions in all trenches and excavations for the period that such trenches or excavations are open, as may be necessary to properly construct the improvements called for in the plans and specifications and provide for a safe trench and excavation. PAYMENT. Payment for SHORING, SHEETING & DEWATERING will be at the lump sum price bid and shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to perform all work, involved in, or appurtenant to, the shoring, sheeting & dewatering of all trenches and excavations. BID ITEM NO 8 - EXPLORATORY EXCAVATIONS (POTHOLE) GENERAL. The contractor shall, as the first item of work, make exploratory excavations (pothole) at the locations shown on the plan and other locations that may be designated by the Engineer. These excavations are for the purpose of determining the precise location of possible conflicts with the proposed construction. After making the excavation to expose the possible conflict to a depth adequate to verify the top elevation and size of the possible conflict, the Contractor shall coordinate with the Engineer to allow adequate time for the Engineer to make measurements of the horizontal location and elevation of the possible conflict. The Contractor shall then provide and place a steel traffic plate securly over the excavation and allow the Engineer 5 working days after making the last excavation for analysis of the measurements taken before backfilling the excavations. Any excavations not include within the limits of the improvements shall be backfilled in accordance with the requirements for backfilling trenches and shall be permenantly resurfaced in accordance with the City of Diamond Bar standard plan for pavement replacement. PAYMENT. Payment for EXPLORATORY EXCAVATIONS (POTHOLE) will be at the contract unit price bid and shall be full Project Specifications - Page 21 Special Conditions Parts 2 & 3 - Construction Materials & Methods compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to perform all work, involved in, or appurtenant to, the making and maintaining the exploratory excavation (including temporary resurfacing), as shown on the plans and as required by the Contract Documents. _ Project Specifications - Page 22 Special Conditions Parts 2 & 3 - Construction Materials & Methods APPENDIX A STANDARD DRAWINGS STD. PLAN D87C , . v � a I ! � c ] o ,�� — §■ S ■ ■ o & 2 ca �_ ■ o k , , | 25 � .. _ a � a � � | | ! ■ � ~ zi LLJ . � �■ ■ 2\ � . �� ; ) Lu Lu !f -- § ca - ir )2 o o ! Ix | § | fA § } \ © � B �> § � f 7| La � i NOTE 1. Pavement replacement section shall be as shown on the spproved improvement plan. Minimum section shall be 3" AC. or existingg Pavement thickness lus t ", lichever is greater' on " aggregate base. Trench Paving (See Note 1) SSW-.= EDGE r SUIS -FUT EDGE Existing Pavement 9 SLURRY ACCEPTABLE e TRERM mm 110 81-931 Base Material(see Note 1), Compacted backfill as per Section 306-1.3.6 of the Standard Specifications for Public Works Construction CITY OF DIAMOND BAIL Office of the, City Engineer TRE11c� �EPav�r SECTION r WALK OR FILL-IN REPLACEM ENT FOR EEXCAVATIONS MADE PARALLEL TO CURB V, WALK LESS THAN 5FT. YVIDE V AnJA.CPMT TA PRAPERTY LINE EARTH ON OOIHSRET[ FILL-IN DOTTER W RE PON Wux WI ENTIRETY. WALK SFT. WIDE OR WIDER _W AMJACENT TO PROPERTY LINE P.101AWO T ET I ir Rl""AL�K.Ef �CAVATI RtPLAK 30 INCHES MIN. $AWWT IF SIIARCLIIH! ' EARTH OR CS >jTt FILL -01 LATTER WALK ADJACENT TO CURB WA i - Lot, TT URS RIlLACS ao INCMIs YHN.L[['' THAN rATlo R ! an WALK WWW�� SFT. IF LESS TTIA�1 30 INCHES 3F MIDE [TY. SNOER RpLACC ENTIRE WAUL OUTTXR R ,Ft FILL-IN LEAS INAN 5FT. WIDL FILL-IN FILL-IN SFT. WIDE OR WIDER THAN BINCHES ENTI TILL -IN. 36 INCHES MIN. AL CURB WALK OR FILLPROPERTY REPE. (THESE REOU REMENTS ALSOT FOR Y PPLYY TO ENDS PoRIA.LLEL EXCAVATIONS.) S.) OR PROPERTY LINE. IF AN aFXCAVATION FAbLS WITNIN 30 INCHES OF AN EXPANSION JOINT, CONSTRUCTION JOINT. WEAKENED PLANE JOINT OR EDGE. THE CONCRETE SMALL SE REMOVED ANO REPLACED TO THE JOINT OR EDOE. IF AN EXCAVATION FALLS .WITHIN 11 IMMES OF A SCORELINE. THE CONCRETE SNAIL ■E REMOVED AND REPLACED To THE SCORELINE. TME sCORELINE !MALL ISE SAWCUT PRIOR TO REMOVAL - 'THE MINIMUM LENOTH OF REPLACEMENT IN LOTH CASES SMALL SE 30 INCHES. NOTES 9 0119PLAGED 79 'NEATLY I. SHALL 9 ACWSHALL TS SMOf PARALLEL TODRIVEWAYSONCRETE WALK. F ILL -IN AMD OR PERPENOISNECT I ULARCTOTHECURB: ON CURVES, EON WITH NS ALL CU N ILItL d£ RADIAL TO E CURB,O EOeEtr 4. ALL CCN44CTE WORK SAALL CONFORM TO THE APWA 'STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION.' S. DRIVEWAY APRONS IN WHICH THE DISTANCE IS LESS THAN II FEET SHALL It REPLACED IN TNEIR ENTIRETY IF CUT 1N AMY AREA, 4, DRIVEWAY APRONS IN WMiGH THE DISTANCE IS II FEET OR MORE MAY BE CUT WITHIN THE *Yr SECTION. TME MINIMUM REPLACE- MgHT SMALL BE 30 INCHES IN LEN3TM, THE MINIMUM DISTANCE ALLOWED BETWEEN SVCH CUTS SHALL SE 14 FEET. S. DRIVEWAY APRONS IN wNiCM THE 'W- DISTANCE IS N FEET OR MORE MAY S[ CUT IN THE K OR R SECTION. REPLACEMENT SMALL BE THE YINTM[ X OR R SEOTJON. A Df IAC ACENTAO.CURB.REPEACELKNT[4NALLMSEMFROMCK OF BACK OFECURB 10 TME CURB To BACK FRONT OF THE WALK EXCEPT, WHERE WALK T. WALX PORTION$ OF DRIVEWAY$ SHALL BE RE►LACED AS SHOWN ABOVE FOR EXCAVATIONS MADE PARALLEL OR NORMAL TO CURS, S. REPLACEMENT OF THE X OR R SECTION SMALL MJ -TCM EKISTINO CONSTRUCTION. LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS SIDEWALK 5 LDRIVEWAY REPLACEMENT STANDARD PLAN 1 020 _0 5/3!/1992 APPROVED ��.-� - A SHEET I of +M. 1 0 LI O suPERSEDES LACRO STD• P;,,AN MO. 40-t APPENDIX 8 CONSTRUCTION DRAWINGS CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.�_ TO: Honorable Mayor and Members of the City Council MEETING DATE: December 5, 1995 REPORT DATE: November 30, 1995 FROM: Terrence L. Belanger, City Manager TITLE: Award of Contract for Multi -Media Homework and Reference Center for the Diamond Bar Community Library. SUMMARY: The City Council has heretofore allocated $40,000.00 for the purchase of computer hardware, operating software, and furniture related to the design, acquisition, and construction of a four (4) station Multi -Media Homework and Reference Center at the Diamond Bar Community Library. Pursuant to Council direction, staff has solicited proposals from a number of qualified computer and furniture vendors and recently selected the lowest and most responsive vendors for the City Council's consideration. RECOMMENDATION: It is recommended that the City Council approve the purchase and authorize the City Manager to execute on the City's behalf: (1) a contract with MicroAge Computermart of Diamond Bar, in an amount not -to -exceed $23,000.00, for a four (4) station multi -media computer system and related computer peripherals; and (2) a contract with Interra, in an amount not -to -exceed $5,000.00, for the design, construction, and installation of a four (4) station homework and reference center at the Diamond Bar Community Library. LIST OF ATTACHMENTS: X Staff Report —Public Hearing Notification _ Resolution(s) X Bid Specification _ Ordinances(s) _ Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes No 5. Are other departments affected by the report? _ Yes No REVIEWED BY: Terrence L. Bela r Frank M. Usher Troy L utzlaff City Manager Assistant City Manager Assistq" the Ci Man4r CITY COUNCIL REPORT AGENDA NO. MEETING DATE December 1, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Multi -Media Homework and Reference Center for the Diamond Bar Community Library. ISSUE STATEMENT: The City Council has heretofore allocated $40,000.00 for the purchase of computer hardware, operating software, and furniture related to the design, acquisition, and construction of a four (4) station Multi -Media Homework and Reference Center at the Diamond Bar Community Library. Pursuant to Council direction, staff has solicited proposals from a number of qualified computer and furniture vendors and recently selected the lowest and most responsive vendors for the City Council's consideration. RECOMMENDATION: It is recommended that the City Council approve the purchase and authorize the City Manager to execute on the City's behalf: (1) a contract with MicroAge Computermart of Diamond Bar, in an amount not -to -exceed $23,000.00, for a four (4) station multi- media computer system and related computer peripherals; and (2) a contract with Interra, in an amount not -to -exceed $5,000.00, for the design, construction, and installation of a four (4) station homework and reference center at the Diamond Bar Community Library. FINANCIAL SUMMARY: The City Council has previously allocated a total of $60,000.00 from the Library Services Fund (010- 4355-1200) in Fiscal Year 1995-96 to enhance and improve the availability of reference materials and information services to patrons of the Diamond Bar Community Library. BACKGROUND: The County Public Library has experienced severe budget difficulties over the past three years resulting in a reduction in library services and operations. Fortunately, the Diamond Bar Community Library was not drastically affected by these reductions. However, recognizing the importance of library services to the community, the City Council has allocated funds to assist the Library in the acquisition of certain books, reference materials, periodicals, and other items that will help enhance the quality and availability of these materials to the public. In September, the City Council approved the appropriation of $60,000 from the Library Services Fund and directed staff to work with the County Public Library in the design and acquisition of certain computer hardware, operating software, and furniture that would be used in a four (4) station multi- media reference and homework center. Staff has worked closely with representatives from the Diamond Bar Friends of the Library and County Library staff in preparing mutually acceptable system specifications for this project. DISCUSSION: City staff has prepared a Request for Quotations (RFQ) for a Multi -Media Computer System and Related Peripherals. A copy of this RFQ is attached for your information. Staff distributed the RFQ to eleven (11) computer firms specializing in computer sales, maintenance and repair. In addition, a notice of the RFQ's availability was published in both the San Gabriel Valley Tribune and the Inland Daily Bulletin. The City received three (3) proposals in response to its Request for Quotations. City staff has carefully reviewed each proposal utilizing a combination of factors, such as: responsiveness and comprehensiveness of the vendor with respect to this Request for Quotations (RFQ); technical background and experience, system specifications and compatibility; previous work performed for other public agencies; information obtained from references; and the cost effectiveness of the vendor. Table 1 provides a cost breakdown by vendor for each equipment category and for the total proposal including applicable sales tax. Table 2 illustrates the technical and service capabilities of each vendor, years in business, references, and the estimated response time to service and/or repair the system in the event of a malfunction. TABLE 1 VENDOR NAME Category Category Category Category Category TOTAL NAME I I I III IV (A) IV (B) (Including Sales Tax) Diamond Head $6,969.00 $18,748.00 $2,889.00 $741.00 $1,184.00 $33,049.81' Distribution sue Reiss MicroAge $3,978.00 $11,832.00 $2,824.00 $899.00 $1,208.00 $22,452.13 Computermart 6 AQMD 7-10 Days YES 4 4 Hours Western Data $4,179.00 $10,960.00 $3,390.00 $998.00 $1,180.00 $24,680.332 Technology 909-396-2480 TABLE 2 VENDOR Years in References Product Novell Technicians Service NAME Business Delivery Certified Available Response Time Diamond Head 11 Dyncorp 10-15 Days YES 12 2 Days Distribution sue Reiss 909-735-3300 MicroAge 6 AQMD 7-10 Days YES 4 4 Hours Computermart Rick vanderberg (Plus 4 Engineers) 909-396-2480 Western Data 8 Perris Union 5-7 Days YES 6 Same Day Technology Us Fogilasso 909-940-5399 ' Add an additional $2,980.00 for installation and training. Total price $36,029.81. z Cost includes an additional $2,265.00 for warranty services. Warranty covers parts and labor for two years (2) on-site and one (1) year extended return to vendor for a total of three (3) years. Based on an evaluation of the three (3) proposals, staff believes that MicroAge Computermart has demonstrated themselves to be the most responsive vendor to the overall needs of the City. In addition to being the most cost effective of the three proposals, MicroAge Computermart is a local business with a proven service record and reputation for reliability. Therefore, staff is pleased to recommend that the contract for the multi -media computer system and related peripherals be awarded to MicroAge Computermart in an amount not -to -exceed $23,000.00. In addition to the computer equipment and related peripherals, staff has meet with several furniture manufacturers and office system design firms to discuss various workstation configurations for this system. Staff has received three (3) proposals from ranging in price between $4,100.00 to $6,500.00. In reviewing the three (3) proposals, staff considered both cost effectiveness and workstation configuration as the evaluation criteria for deciding which firm to recommend. Staff feels that the proposal submitted by Interra, which is the least costly of the three, offers the best design concept in that it minimizes the amount of space and impact to the library by tieing the workstations to the existing building column. Furthermore, staff has learned that Interra is currently working on several other projects for the County Library and is highly regarded for their craftsmanship and design work. Therefore, it is staffs recommendation that the contract for the design and construction of the homework and reference center be awarded to Interra in an amount not -to -exceed $5,000.00. If the City Council approves both contracts the total expenditure will be $28,000.00. This will leave a fund balance of approximately $12,000.00 which will be re -allocated, pursuant to the City and County Library Assistance Agreement, to provide for additional books, reference materials, periodicals, and other materials that will enhance the library collection and benefit library patrons. The Multi -Media Homework and Reference Center will be a tremendous asset to the Diamond Bar Community Library and to library patrons. This center has been designed to be user friendly and will incorporate the latest advances in technology to facilitate easy access to word processing applications, multi -media reference materials (e.g., Compton's Interactive Encyclopedia, Microsoft Encarta, etc.), and online information services like the Internet. It is anticipated that the project will be completed by the end of January 1996. Prepared by: v Troy L. B aff �✓ Assistant tobe City M`anerk3 Attachment ok D 11.11J' CITY OF DIAMOND BAR 21660 EAST COPLEY DRIVE, SUITE 100 DIAMOND BAR, CALIFORNIA 91765 REQUEST FOR QUALIFICATIONS FOR MULTI -MEDIA COMPUTER SYSTEM AND RELATED PERIPHERALS This form is to be returned, with an attached narrative proposal which responds to the specification outlined below, to: City of Diamond Bar ATTN: TROY L. BUTZLAFF, ASSISTANT TO THE CITY MANAGER 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765 Submittal Deadline: Date: October 27, 1995 Time: 5:00 P.M. Proposal submitted by: Name of Company Address By: Signature Name (Typed) Title Not -to -Exceed Cost: S Category I S Category II S Category III S Category IV (A) S Category IV (B) Phyllis E. Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Receded paper October 4, 1995 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 SUBJECT: REQUEST FOR QUOTATIONS (RFQ) FOR MULTI -MEDIA COMPUTER SYSTEM AND RELATED COMPUTER PERIPHERALS Interested Vendors: The City of Diamond Bar, hereafter referred to as "CITY," is seeking quotations from a limited number of computer vendors hereafter referred to as "Vendor," for a multi -media computer system consisting of a file server, four (4) personal computers, a seven (7) drive CD-ROM tower, and related computer peripherals, hereafter referred to as "PROJECT." The City of Diamond Bar has allocated approximately $40,000.00 in Fiscal Year 1995-96 to enhance and improve the availability of reference materials and information services to patrons of the Diamond Bar Branch Library. The City, in cooperation with the County of Los Angeles Pubic Library, plans to use a portion of this money to select, configure, and install a file server and a four (4) station multi -media homework and reference center. The purpose of this RFQ is to invite qualified vendors to submit quotations for four (4) categories of personal computer equipment, software, and peripherals. The City shall select a vendor for this project based on a combination of factors, such as: responsiveness and comprehensiveness of the vendor with respect to this Request for Quotations (RFQ); technical background and experience, previous work performed for other public agencies; approach to this particular project; information obtained from references; and vendor cost effectiveness. Consideration will also be given to cost advantage, technical superiority, length of warranty, and services to be provided. The City reserves the right to purchase equipment based solely on any aforementioned considerations. Equipment Specifications: SUMMARY Category Equipment Quantity Processor Standard Hard Drive Other 5 User License Uninterruptible Power Supply RAM I File Server 1 Pentium 120 MHz 32 MB (2) 1.08 GB SCSI -2 Quad Tower Case Attached Controllers w/2 CPU cooling fans 60 ns Hot-Swappable II Workstation 4 Pentium 133 MHz 16 MB 1.0 GB Multi -Media w/CPU cooling fan 60 ns Enhanced IDE Category Equipment Drives Type Speed Power Other 5 User License Uninterruptible Power Supply 1 Supply 1,500 va III CD-ROM Seven SCSI -2 Quad 230 watt Attached Controllers Tower Hot-Swappable w/cooling fan Lockable Door Category Software Quantity IV(A) Microsoft® Windows 95 4 Single -User Artisoft LantasticTm v6.1 5 User License Category Miscellaneous Hardware Quantity IV(B) Uninterruptible Power Supply 2 450 va Uninterruptible Power Supply 1 1,500 va 0VMMnuT(*.VT-T-Mff Tar. All computer systems delivered under this RFQ must: be EPA Energy Star compliant; have an Intele processor; K • have two (2) PCI or combination slots; • have a minimum of 256K cache; • be expandable to 64MB of RAM on the main board; • have a TEAC 3.5" 1.44MB and a 5.25" 1.2MB floppy disk drives or combination floppy disk drive unit; • have two (2) high-speed serial and two (2) parallel ports; • have an enhanced 101 key keyboard; • have at least a 230 watt power supply; • have a UL 1449 approved surge protector with a minimum of six outlets and a six foot long power cord; and • have a Microsoft® two -button serial mouse. In addition to the minimum specifications noted above, each computer listed below should be equipped with the following: FILE SERVER: Bays: Minimum of Eight (8) Drive Bays Graphics Board: Trident 8900 SVGA 1024768 w/1 MB VRAM Monitor: 14" SVGA 1024x768 .28mm pitch NI monitor Controller Card: Adaptec 2940 PCI Fast SCSI -2 Network Card: Two (2) PCI 10 Mbps Ethernet NIC Software Programmable WORKSTATION: Graphics Board: Diamond Stealth 64 w/2MB VRAM Monitor: 17" 1280x1024 .28mm pitch NI monitor Sound Card: Creative Labs 16 -Bit Sound BlasterTM Network Card: 10 Mbps Ethernet NIC Software Programmable Head Phones: Koss TD75 w/Volume Control 4 General Requirements: All computer systems and related equipment delivered under this RFQ must include the following: Two (2) sets of documentation must be provided for the file server, each workstation, software applications, and each system component purchased and installed under this RFQ. All hardware components purchased under this RFQ shall include a two (2) year on-site parts and labor warranty. Additionally, Vendor agrees to either repair or replace, at no cost to the City, any defective product or part purchased under this RFQ with a new or comparable product or part for a period of three (3) years from the date of purchase. The supplying vendor must be the single point of contact for all warranty service. Calls for on-site service must be responded to no later than the next business day. All repairs must be completed within 48 hours. For any repair exceeding 48 hours, Vendor shall be obligated to provide City, at no additional charge, a replacement or substitute product or part until such a time as the original product or part is repaired and returned. • All systems must be 100% IBM compatible, Microsofte Windows 95 ready, and Novelle Netware approved. No proprietary equipment, technology or software will be accepted. • All systems must be new, thoroughly tested for compatibility and/or interface problems, and pre -loaded and configured with operating and network software. • Manufacture's specifications must be submitted for each proposed component in the system. • Vendors will not be allowed to substitute system components after award of contract without prior approval of the City. • Acceptance will be based upon systems being delivered with all specified components installed, pre -configured with operating and network software, and each system loading the Windows 95 desktop. • City will pay Vendor a fixed price based on the Vendor's quotation. Payment shall be made by City to Vendor within thirty (30) days after approval by City of an itemized invoice prepared and furnished by Vendor. Vendor's Responsibilities: The vendor shall be responsible for providing all tools, technical equipment (e.g., meters, power supplies, etc.), and diagnostic software necessary to configure and install the specified equipment. 5 Quotation Contents: In order to achieve consistency in the review process, each vendor shall submit their qualifications according to the following format: Provide the name, address and telephone number of three (3) references that have purchased similar components and services from vendor. 2. Provide a summary of vendor's general qualifications to provide the specified equipment. Include a summary on the vendor's technical qualifications and ability to perform warranty service on the specified equipment. Please limit response to two (2) pages. 3. Documentation and verification that the specified equipment is Novell certified. 4. Provide warranty, service and support information for each and every component proposed under this RFQ. 5. Provide documentation and verification that vendor is authorized to provide factory warranty services and emergency technical support on the equipment being quoted. 6. Provide verification that all proposed components are new. 7. Provide proposed system benchmarks as rated with Ziff-Davis Winbench v4.0 and Norton Utilities v4.5. 8. Provide an itemized quotation for each category specified under this RFQ. Include applicable sales tax, delivery and installation charges. 9. Provide an estimated delivery and installation schedule upon purchase authorization. 10. Provide any other information about your firm which you believe would be applicable to this project. Due Date: The Vendor shall submit two (2) copies of their proposal by 5:00 p.m., (PST), Friday, October 27, 1995. If you are interested in this project, please submit a quotation according to the specifications set forth in the section above. All quotations should be submitted in a sealed envelope, plainly marked in the upper left-hand corner with the name and address of the vendor and the words "REQUEST FOR QUOTATIONS FOR MULTI -MEDIA COMPUTER SYSTEM." Quotations should be directed to the City of Diamond Bar, 21660 East Copley Drive, Suite 100, Diamond Bar, CA 91765. Faxed proposals are not acceptable. Any corrections or resubmission done by the vendor will not extend the submittal due date. Selection of Qualified Vendor: The City shall select a vendor for this project based on a combination of factors, such as: responsiveness and comprehensiveness of the vendor with respect to this Request for Quotations (RFQ); technical background and experience, system specifications and compatibility; previous work performed for other public agencies; information obtained from references; and the cost effectiveness of the vendor. In addition the following factors will be considered: o The quality, availability and suitability of the equipment or services to the particular use required. o The ability, capability and skill of the vendor to perform warranty services on each and every component proposed under this RFQ. o Whether the vendor has the financial resources and facilities to perform or provide the products and services promptly, or within the time specified without delay or interference. o The character, integrity, reputation, judgement, experience and efficiency of the vendor. o . The vendor's record of performance on previous contracts or services. o The ability of the vendor to provide future maintenance and service for the use of the equipment or materials to be purchased. The vendor shall secure or maintain in force during the period covered by any contract resulting from this specification any applicable license, permit, and/or insurance required by law for the operation of the business. Modifications or Withdrawal: Once submitted, quotations cannot be altered without the City's express written consent. The City reserves the right to reject any quotation and may elect to make a decision without further discussion or negotiation. This solicitation for quotations is not to be construed as a contract of any kind. The City is not liable for any costs or expenses incurred in the preparation of the RFQ and may withdraw or modify this request at any time. The selected vendor may be required to enter into a contract with the City of Diamond Bar. A copy of this contract is available upon request. Minority and Woman Owned Businesses: The City herewith notifies all potential vendors that it will insure that in any contract or purchase agreement entered into, that minority and woman owned business enterprises will be afforded 7 full opportunity to participate in this procurement, and will not be discriminated against on the grounds of sex, race, color or national origin in the consideration for award. Affirmative Action; The City hereby notifies all vendors that it will affirmatively insure that in any contract entered into pursuant to this RFQ, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the ground of sex, race, color, or national origin in consideration for an award. Questions: If there are any questions regarding this Request for Quotations (RFQ), please contact Troy L. Butzlaff, Assistant to the City Manager at (909) 396-5689. Si erely, errence L. Belanger City Manager TLB:TLB:nbw 0 AGENDA ITEM NO. 8.15 NO DOCUMENTATION AVAILABLE G=SY OV DSAMc,N T, RAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: December 5, 1995 REPORT DATE: November 28, 1995 FROM: George A. Wentz, City Engineer TITLE: Country View Drive Neighborhood Traffic Study SUMMARY: It is proposed that a comprehensive neighborhood traffic study be conducted and its conclusions presented in a public hearing forum. It is recommended that Austin -Foust Associates, Inc. conduct the study for a not - to -exceed amount of $9,990.00. RECOMMENDATION: That the City Council award a contract to Austin -Foust Associates, Inc. to conduct the Country View Drive Neighborhood Traffic Study for a not -to -exceed amount of $9,990.00. LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinances(s) Agreement(s) Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other: 10/12/95 T/T Minutes Austin -Foust Associates, Inc.'s Proposal EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City 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? 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: Terr ce L. Bel ger F ank s Geor A. Wentz City Manager Assistant City Manager City Engineer CITY COUNGZXJ REPORT AGENDA NO. MEETING DATE: December 5, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Country View Drive Neighborhood Traffic Study ISSUE STATEMENT: Award Austin -Foust Associates, Inc. a contract to conduct the Country View Drive Neighborhood Traffic Study. RECOMMENDATION: That the City Council award Austin -Foust Associates, Inc. to conduct a Country View Drive Neighborhood Traffic Study for a not -to -exceed amount of $9,990.00. FINANCIAL SUMMARY: The recommended action will cost the City of Diamond Bar $9,990.00 and shall be funded by the Contract Services -Traffic account which currently has an unencumbered balance of $34,000. BACKGROUND/DISCUSSION: Concerns regarding cut -through traffic on Country View Drive and Rolling Knoll Drive at Grand Avenue first came to the Traffic and Transportation Commission"s attention in late 1990. Residents in the area asked for mitigation measures to curtail cut -through traffic. These streets were being utilized by motorists as an alternate route in order to avoid traffic at the Diamond Bar Boulevard/Grand Avenue intersection. When the Traffic and Transportation Commission began to discuss cut -though traffic, several mitigation measures such as traffic signal, sign installation, and converting Country View Drive to a cul-de-sac were discussed. According to the Commission's records of July 12, 1990 meeting (attachment 1), the Commission's (then a Committee) desire to receive an opinion from the Fire and Sheriff Departments regarding proposals for street closure (cul-de-sac) was stated. However, there is no record of this matter being carried further by the Commission. In March 1993, in response to residents' concerns regarding cut -through traffic, the City Council approved the installation of "No Right Turn, 4-7 p.m., Monday -Friday" signs on Country View Drive and Rolling Knoll Drive at Grand Avenue. These signs were later modified to exempt school buses from the right turn restriction. In addition to the right -turn restriction sign, a double -yellow centerline striping was painted on Country View Drive along with a 1125" speed limit, "Yield" and "Watch Downhill Speed" signs. Prior to March of 1993, a traffic signal was installed on Rolling Knoll Drive at Grand Avenue. "No Left Turn, 6-8 a.m." signs were also installed on Grand Avenue before these intersections to discourage morning commuters from utilizing Country View Drive and Rolling Knoll Road as cut -through routes from Grand Avenue to Diamond Bar Boulevard. Country - View Drive Traffic Study December 5, 1995 The effectiveness of the "No Right Turn" signs were assessed in two ways. First, staff evaluated the number of citations issued by the Sheriff"s Department from March 10, 1993 to April 30, 1993 (approximately 2 months). Within the eight (8) week period, a total of 496 citations were issued. However, the number of citations dramatically decreased after March 19, 1993 or the second week after the signs were installed. 250 citations were issued the first week and by the end of the eighth week, that number had dropped to 12. Second, staff assessed the effectiveness of the "No Right Turn" signs through a mail survey (attachment 2). Approximately 600 surveys were sent to residents in the vicinity of Country View Drive and Rolling Knoll Drive at Grand Avenue. Of the 217 surveys received, 143 residents wanted the signs to remain, 50 residents asked that the signs be removed and 24 residents asked that the signs be modified (i.e. modify the restriction hours and allow Diamond Bar residents to make right turns by issuing them permits or stickers). Since both surveys were conducted in April, 1993, the Department of Public Works has not received major concerns/ complaints related to cut - through traffic or the "No Right Turn, 4-7 p.m., Monday -Friday, School Buses exempt" signs on Country View Drive and on Rolling Knoll Drive at Grand Avenue. Several Country View Drive residents attended the October 12, 1995 Traffic and Transportation Commission in order to further express their desire to convert this residential street into a cul-de-sac. However, prior to making a recommendation, the Commission requested that a comprehensive neighborhood traffic study be conducted. Staff recommends that Austin -Foust Associates, Inc. be awarded the contract to conduct the study. When the study is complete, the results and recommendation will be discussed by the Commission. Recommendations will be brought to the City Council for final discussion and determination. During this process those who reside on Country View Drive as well as the surrounding residential streets will be notified and invited to attend these public meetings. The neighborhood study will be completed in 60-90 days, to allow adequate time for input from the community. Austin -Foust Associates, Inc. was previously approved as one of the firms to provide an on-call engineering services by the City Council on November 1, 1994. PREPARED BY: Anne M. Garvey Tseday Aberra Attachment Traffic and Transportation Minutes July 12, 1990 ----------------------------------------------------------------- It was decided that since the Committee will be meeting jointly with the Planning Commission on July 23rd to move the meeting to August 23rd which would not present any conflicts. Chairperson Ortiz presented the Committee with a draft of the purpose and goals of the Committee and a 1990/91 budget for review and comment. PUBLIC COMMENTS: Mark Siegel, 1342 Rolling Knoll Road, asked what was the status of the award of bid for the median reconstruction, landscaping and traffic signal modifications on Diamond Bar Boulevard at Grand Avenue project. DCE/Istik responded all bids were rejected by City Council on the advice of the City Attorney and were readvertised for bid opening on July 16, 1990 at 10:00 a.m. and has been scheduled on the July 17 City Council meeting to award the bid. QUAIL SUMMIT/ Don Lemly, Mark Segal, and three other ROLLING KNOLL residents of the Quail Summit/Rolling Knoll CIRCULATION area were present for item VC. It was decided to move the item up on the agenda to discuss at this time. It is the feeling of the residents present that the counts taken are not valid as school is out and during this time of the year they have always experienced a reduction of traffic volume. The Committee would like to discuss this item on July 23, 1990, and ask a representative from the Sheriff's and Fire Departments to be present to advise the Committee of any proposals of a street closure in this area which would be unacceptable and a survey from the Sheriff's Department of citations issued in this area. 1 2 CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS SURVEY NAME: ADDRESS: PHONE: Attachment 'L, My opinion about the "No Right Turn, 4:00-7:00 PM, Monday -Friday" signs on Rolling Knoll Road and Country View Drive at Grand Avenue is: Please check only one: Leave signs as presently posted. Remove signs. Modify Signs: (specify) COMMENTS: MAIL BY: MAY 5, 1993 RETURN TO: City of Diamond Bar Department of Public Works 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765 October 12, 1995 Page 5 T&T Commission ABSENT: COMMISSIONERS: Chair/Istik, virginkar DDPW/Liu stated the City will install the "Watch Downhill Speed" and 1125 MPH speed" signs immediately. The warrant study for the stop sign at the intersection of Silver Hawk Drive and Santaquin Dr., and the pavement striping at the curves will be researched and the results brought back before the Commission as a future agenda- item. gendaitem. V. OLD BUSINESS A. Feasibility of converting Country View Drive at Grand Avenue into a cul-de-sac. Recommended Action: Discuss the feasibility of converting Country view Drive into a cul-de-sac and deny the request. VC/Leonard invited public comment. Hubert Wilson, 23649 Country View Drive, presented a chronological history of the events leading to the current traffic problems experienced by the residents of Country View Drive and the surrounding areas. In particular he cited the Chino Hills cut -through traffic on Diamond Bar Boulevard and Grand Avenue. He stated that because Diamond Bar was not a city at the time of the County referendum to open Grand Avenue, the interests of the residents were not represented. He further stated he and his neighbors continue to suffer the effects of increased cut -through traffic, noise and toxic fumes which threatens the property values, the children, the pets and the adult residents. He cited the unlawful right turns by cut -through motorists from Rolling Knoll Road onto Grand Avenue as one of the solutions by the Commission which has not solved the greater problem. In fact, this solution has created an inconvenience to the residents who abide by the "No Right Turn" signs and go out of their way to reach Grand Avenue. He stated that, in his opinion, the cul-de-sacing of Country View Drive is a real solution to the problem of protecting October 12, 1995 Page 6 T&T Commission the residents. In addition, he requested the Traffic and Transportation Commission to consider sound walls for Grand Avenue. He implored the Commission to reconsider staff's recommendation and grant the request to cul-de-sac Country View Drive. Larry Rockwell, 23708 Country View Drive, a fireman, stated that the cul-de-sacing of country View Drive will not create a problem for emergency vehicle services. He concurs with Mr. Wilson and stated that motorists travel at a much higher rate of speed than 25 MPH on Rolling Knoll Drive. Karen Mahoney, 23834 Country View Drive, stated that while her husband was jogging near the Grand Avenue/Diamond Bar Blvd. intersection 27 weeks ago, her husband was killed by a motorist. She further stated that on any morning during a five minute period she witnesses approximately 15 vehicles making illegal left turns from Grand Avenue to Rolling Knoll Drive travelling through the area at break -neck speeds. She indicated she sees the same cars making the illegal turns on a daily basis. She wants her neighborhood and her safety back. She asked the Commission to reconsider the request to cul-de-sac her street and prevent more accidents. Debra Klein, 23812 Country View Drive, stated the traffic problems are ongoing throughout the day, not just for the posted hours of 4:00 to 7:00 p.m. She indicated she has witnessed the Sheriff's deputies ignoring the illegal turns. She further stated she is very upset that the request to cul- de-sac her street has been denied. She asked the Commission to reconsider the request. Geoffrey Novall, 23813 Country View Drive, stated that Chino Hills plans to build an additional 8000 homes in the next three years. Chino Hills has not addressed the Tres Hermanos area where a high school will be built. In his opinion, it is only a benefit to non-residents to have Grand Avenue open at Country View Drive. He requested the City look beyond the State's mandates and consider solutions that will benefit the residents of October 12, 1995 Page*7 T&T Commission Diamond Bar. Wanda Tanaka, 23805 Country View Drive, stated that there are approximately 15 residents present this evening representing the neighborhood. She referred the Commission to a signed petition she presented to the City. She asked the Commission to reconsider the resident's request to cul-de-sac her street and volunteered to assist the City and the Commission in accomplishing this goal. She indicated that she counted in excess of 3,000 vehicles per hour traveling on Grand Avenue past Country View Drive. Al Baquedano, 23824 Country View Drive, stated the Sheriff's Department will not patrol Country View Drive or Grand Avenue during peak traffic hours because they cannot afford the time spent away from other enforcement duties. He stated his belief that the "No Right Turn" signs should be enforced. He indicated that, in his opinion, the cul-de-sacing of Country View Drive is -the only solution and believes nothing else will be effective. He asked the Commission to go against the recommendation and recommend the cul-de-sac. Jean Fujihara, 23717 Country View Drive, stated her property is located at the point Deer Crossing Drive intersects Country View Drive. She further stated she leaves her residence at approximately 6:55 a.m. on weekdays to take her children to various school. She indicated it is very difficult to back -out of her driveway because of the traffic. When she takes her children to evening activities, she encounters an excessive amount of traffic between 4:00 and 7:00 p.m. when motorists are approaching Grand Avenue from Rolling Knoll Drive. She stated she is aware the drivers know a right turn onto Grand Avenue is illegal because they ease their vehicles into Grand Avenue until they determine there are no deputies and it is safe to proceed. She told the Commission that the "No Right Turn" onto Grand Avenue is a big inconvenience to the residents, as well. However, because she is law abiding, she -drives down Rolling Knoll Drive to Diamond Bar Boulevard to avoid the right turn onto Grand October 12, 1995 Page 8 T&T Commission Avenue during the restricted hours. She asked the Commission to reconsider the cul-de-sac for Country View Drive. Tony Spinogati, 23725 Country View Drive, thanked his neighbors for addressing the Commission on this matter. He requested to know the traffic count for Diamond Bar Boulevard and for Grand Avenue. He further requested a breakdown of the difference between the traffic count for local traffic and for cut -through traffic. He stated his concern is for his neighborhood, however, he is more concerned about the impact of traffic on Diamond Bar Boulevard and Grand Avenue. The City has become a freeway alternate and, in his opinion, this should be stopped. He asked what the citizens can do to effect positive change to reduce the negative traffic impact. Mrs. Mahoney asked why the request was denied. DDPW/Liu stated that converting Country View Drive into a cul-de-sac raises several concerns. One concern is the traffic circulation pattern. By closing Country View Drive, the problems are shifted to the remaining access routes which does not succeed in mitigating the situation. The issue of traffic circulation needs to be discussed on a community -wide basis. Another concern is for the emergency response time. Staff must have the opportunity to research all aspects of this situation prior to rendering a responsible recommendation. DDPW/Liu continued that if Grand Avenue was closed to the public, the City would endanger the funding sources from the various state and federal agencies. C/Gravdahl stated it appears that the "No Left Turn" and "No Right Turn" signs are being ignored. He asked if deputies could be assigned to enforcement during the posted hours. Sgt/Rawlings responded that the enforcement has not stopped, it is not enforced as frequently as it was at the time the signs were installed. The deputies are frequently needed in other parts of the City for October 12, 1995 Page 9 T&T Commission more important enforcement issues and the officers cannot be at the site continuously from 4:00 to 7:00 p.m. C/Gravdahl stated he would like a written report from the emergency services entities indicating they could function as effectively if Country View Drive is a cul-de-sac. He further stated he is concerned that cul -de -lacing will create an adverse impact on the alternative streets in the neighborhood. He indicated he would like to have a comprehensive neighborhood traffic study conducted and present the conclusions of the study in a public hearing setting so that all concerned parties can be involved in the ultimate decision. VC/Leonard stated Country View Drive takes a lot of abuse and she would like to study the situation further in order to make a more informed decision. C/Ortiz stated he was instrumental in putting this item on the Traffic and Transportation Commission agenda. C/Ortiz made a motion that staff's recommendation be denied and that the City proceed to conduct a complete traffic study and a public hearing. C/Gravdahl stated he would like to have the motion more defined. He further stated that, in his opinion, some of the traffic problems are as a result of the work in progress on Grand Avenue, the SR 60 Freeway and the 71 Corona Freeway. He indicated that he would prefer to see the traffic study conducted no earlier than mid-January, 1996 after the prior projects are completed. C/Ortiz stated that he concurs with C/Gravdahl's amendments to the motion. DDPW/Liu responded to C/Gravdahl that the City has been working closely with the state to implement improvements along the SR 57 and SR 60 Freeways. Responding to VC/Leonard, DDPW/Liu stated that the HOV lane construction along the SR 57 and SR 60 Freeways will begin in January, 1996. October 12, 1995 Page 10 T&T Commission Mr. Spinogatti stated that the City's problems result from the Chino Hills area and that the ultimate solution is to close Grand Avenue. VC/Leonard stated that the Traffic and Transportation Commission refers its comments to the City Council. She urged that the residents go before the City Council with their issues. Mr. Novall asked why the SR 57/SR 60 Freeway interchange is clearly marked for through access to Chino Hills and how much the reconstruction of Diamond Bar Boulevard and Grand Avenue have contributed to the increase in traffic through Diamond Bar to Chino Hills. He stated that in his opinion, closing Grand Avenue is not an option. In addition, he does not believe that the commercial businesses in Diamond Bar are profiting from the increased traffic flow. Mr. Spinogatti asked if Grand Avenue could be converted to a toll road. Mr. Rockwell asked the Commission if a road will be built through Tonner Canyon. DDPW/Liu referred Mr. Rockwell to the Four Corners Committee. One topic of discussion by the committee is a possible road through Tonner Canyon. He stated he is not aware of any funds set aside by the City of Diamond Bar for construction of a road through Tonner Canyon. VC/Leonard requested staff to include information regarding a possible road through Tonner Canyon in the traffic study. C/Ortiz concurred with the amendment to his motion and called for the question. C/Ortiz restated his motion which was seconded by C/Gravdahl. The motion was approved 3-0 with the following roll call: AYES: COMMISSIONERS: Ortiz, Gravdahl, VC/Leonard NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None October 12, 1995 Page 11 T&T Commission ABSENT: COMMISSIONERS: Chair/Istik, Virginkar DDPW/Liu responded to VC/Leonard that he concurs with C/Gravdahl's time line for a traffic study. Due to the current pending construction and the holidays the earliest possible time for a traffic study is after the beginning of the year. C/Gravdahl made a motion, seconded by C/Ortiz, to present the information gathered from the residents to the Diamond Bar members of the Four Corners Committee. The motion was approved 3-0 with the following roll call: AYES: NOES: ABSTAIN: ABSENT: VI. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Gravdahl, Ortiz, VC/Leonard None None Chair/Istik, Virginkar A. Investigation of residential streets bounded by Sunset Crossing Road, Navajo Springs Road, Decorah Road, and Del Sol Lane for signing and striping. AA/Aberra read the staff report into the record. C/Gravdahl stated that the report should include Minnequa Drive. A motion was made by C/Ortiz, seconded by C/Gravdahl to approve staff's recommendation to paint a double -yellow centerline striping on: 1. Del Sol Lane between El Encino Drive and Decorah Road and install 1125" MPH and curvature signs at various locations. 2. Bower Cascade Place from El Encino Drive to Sunset Crossing Road and El Encino Drive between Del Sol Lane and Decorah Road. Furthermore, install 1125 mph" and curvature signs along Bower Cascade Place and E1 Encino Drive. AGENDA ITEM NO. 8.17 DOCUMENTATION AVAILABLE ON TUESDAY, DECEMBER 5, 1995 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 From: Troy L. Butzlaff, Assistant to the City Manager Re: Extension of Cable Television Franchise Date: November 30, 1995 ISSUE STATEMENT: Should the City Council extend the existing cable television franchise, which will expire 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. The County Board of Supervisors has previously granted Jones a two (2) year extension to the franchise. Since Jones serves both areas there may be certain advantages should the City decide to negotiate in concert with the County. For example, through coordinated negotiations the City and the County will receive the full benefit of any future system upgrades while avoiding the possibility of 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. Although the results of these studies are being reviewed by staff, it should be noted that the City's technical consultant found a significant number of safety related construction violations related to broken or improper pole risers, missing down guy guards, pedestal construction, and missing conduit plugs it areas where it can be reasonably expected that water will migrate through conduits to structures. More importantly, the consultant believes that approximately 30 percent of the homes in the franchise area may not be properly grounded in accordance with the current National Electrical Code requirements. Specifically, drop grounding of the coaxial cable is designed to safely "drain away" stray voltages which may be lethal to someone touching any external device (e.g., converter, television, or video recorder) that may be connected to a television set. Since this is an issue that directly or indirectly involves fundamental matters of safety to both the public and that of the cable operator's employees, the City believes that the cable operator should undertake, as a condition of extending the franchise, an immediate survey to assess the number of homes not properly grounded. Once the cable operator has identified the number of homes not properly grounded they should be directed to take all steps necessary to bring the system into compliance with the National Electrical Code requirements. 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. Although the length of this extension may be determined by the City Council, the City Attorney believes that an extension of 18 months is reasonable considering the extenuating circumstances noted above. Furthermore, an extension of 12 to 18 months is considered necessary in order to revise the City's enabling ordinance, which establishes the franchise agreement and sets forth the standards and requirements for operating a cable television franchise. The current ordinance, which was written by the County in the early 1980's and adopted by the City, is out-of-date and should be totally revised prior to entering into a new franchise agreement. In consideration for granting an extension of time, Jones Intercable has agreed to the following: (1) a provision in a renewed franchise agreement to upgrade the existing cable television system from 59 to a minimum of 72 channels; and (2) 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. Draft Ordinance 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 findings 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 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 Hall located at 21660 East Copley Drive, Diamond Bar. (c) That on or before June 1, 1996, Jones Intercable, without cost to the City of Diamond Bar, shall prepare and submit to the City Manager for approval a plan showing, at a minimum, the appropriate measures and implementation schedule that will be undertaken by Jones Intercable to bring the cable television franchise into full compliance with the line construction requirements as set forth by the California Public Utilities (CPUC) General Order 95 and the drop grounding requirements as set forth by the National Electrical Code NFPA 70. (d) That on or before July 1, 1996, Jones Intercable, without cost to the City of Diamond Bar, shall take affirmative action to recruit, employ and assign a Grounding Technician and Maintenance Technician to perform the neccessary services to bring the cable television franchise into full compliance with the line construction requirements as set forth by the California Public Utilities (CPUC) General Order 95 and the drop grounding requirements as set forth by the National Electrical Code NFPA 70. Furthermore, Jones shall make every reasonable effort to maintain the stability and continuity of the staff assigned to perform the services required in Section 3(c) above. Section 4. It is hereby declared that violation of any condition hereof, or failure to provide the types of facilities, equipment, personnel 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 Draft Ordinance 2 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 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: Draft Ordinance LYNDA BURGESS, City Clerk City of Diamond Bar J'E ;' � 1, i : 'Tt' t+ t o:� -t n. n a te( t'! n � I µnewri ) (I eq a fj 0 a i'" i -*T L -ons. The teiecommunicat-,.ons writ ch .4ouse of Representatives and n Senate -A-L'trer- the rules if franchising. '~Le tDi—L, tx) Conference as early as next week. t- -o I which Local governments have their. .4-1- -tnti :hanges the basis on which (ranch se fees "!ter -P. are no grandfathering clauses in tine new ,itia,-ever we agreed to today could be overridden isr ,w nonths, It would be inefficient for the City to renewal that may be mooted in thLS way. :;.tip franchise is inextricably intertwined v When it was initially incorporated, the City tne County Ordinances, including its Cable ,'4t -3 L,corring Street, Walnut, CA 91789 909-594-2729 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, Ja Spatz Ge ral Manager r e s t.en:. rd S t-. nty" and -z; est rial E'en months t�,:) n t�r m w 1 and cc.)ond.inate(�', ri W Ll q h t- f u that a r'ush leg i.slalo'j coUid A The telecommunications �� .tie House of Representatives at� ,and , er i a'i - a,.V aiter the rules of franchising. The W e.�l -;o --o Conference as early as next ,,-jeey- let o,it.:rol which local governments have )ver "�fte.;- r jr,i changes :he basis on which franchise fees .are no grandfathering clauses in the new Dr, wti.acever we agreed to today could be overridden -ew months. It would be inefficient for the City to r-ariztiLse renewal that may be mooted in to way. lll(-'It'/ franchise is inextricably intertwined !:-e 2c),unty. When it was initially incorporated, the City fi'lopteti ti., )f: the County Ordinances, including its Cable jL465 L vcor-Tling Street, Walnut, CA 91789 909-594-2729 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 TO DECEMBER 31, 1996, TO FACILITATE CONTINUED NEGOTIATIONS WITH THE CABLE OPERATOR. 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 period of time. (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. Sect 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. 59&tion Based on the findings 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, through December 31, 1996, or until such time prior to that date as renewal negotiations have been completed, subject to the following conditions: ing the Intercable agree to the same terms nand conditions as seon of t forth n Ordinance e franchise �No. 12,13 Jones amended.7, as (b) 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 Offices located at 21660 East Copley Drive, Diamond Bar. (c) That on or before June 1, 1996, Jones Intercable, without cost to the City of Diamond Bar, shall prepare and submit to the City Manager for approval a plan showing, at a minimum, the appropriate measures and implementation schedule that will be undertaken by Jones Intercable to bring the cable television franchise into full compliance with the line construction requirements as set forth by the California Public Utilities (CPUC) General Order 95 and the drop grounding requirements as set forth by the National Electrical Code NFPA 70. (d) That on or before July 1, 1996, Jones Intercable, without cost to the City of Diamond Bar, shall take affirmative action to recruit, employ and assign a Grounding Technician and Maintenance Technician to perform the necessary services to bring the cable television franchise into full compliance with the line construction requirements as set forth by the California Public Utilities (CPUC) General Order 95 and the drop grounding requirements as set forth by the National Electrical Code NFPA 70. Furthermore, Jones shall make every reasonable effort to maintain the stability and continuity of the staff assigned to perform the services required in Section 3(c) above. Sect It is hereby declared that violation of any condition hereof, or failure to provide the types of facilities, equipment, personnel 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. S99t911-.L 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 2 independent of the formal renewal procedures contained in Section 626 of the Cable Communications Policy Act of 1984, 47 USC Paragraph 546, as amended. Sect= 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 05 day of December, 1995. Mayor I, Tommye A. Nice, Deputy 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 05 day of December, 1995 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 05 day of December, 1995, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: TOMMYE A. NICE, Deputy City Clerk City of Diamond Bar INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: Terrence L. Belanger, City Manager W✓ SUBJECT: Readiness -to -Serve Charge DATE: December 5, 1995 ISSUE: Proposed Three Valleys Municipal Water District "Readiness -to -Serve Charge." RECOMMENDATION: That the Diamond Bar City Council take no policy position regarding the proposed Three Valleys Municipal Water District "Readiness -to -Serve Charge", and recommend to the elected officials of the Three Valleys Municipal Water District and the Walnut Valley Water District who represent Diamond Bar that they hold public hearings in the community to receive guidance in determining the best method of allocating the readiness -to - serve charge of the Metropolitan Water District. DISCUSSION: For the past century, the growth of Southern California has been supported by the availability of a dependable supply of high quality water. Much of this water is brought from places hundreds of miles distant, particularly through the Owens Aqueduct, the Colorado Aqueduct, and the California Water Project. These projects include not only canals, but also large storage facilities, filtration facilities, and distribution systems. Another important source of water are ground water aquifers throughout Southern California. Since 1928, the importation, initial storage, and.initial distribution of water from the Colorado Aqueduct and the California Water Project has been done by the Metropolitan Water District of Southern California (MWD). In December 1993, MWD modified its revenue structure. In addition to the existing water rates applied to various classes of consumed water, MWD has developed a Readiness -to -Serve (RTS) Charge, a New Demand Charge, a Treated Water Peaking Charge, and a Connection Maintenance Charge. Water consumption rates are generally designed to cover the cost of collection, transmission, storage, and distribution of water. The RTS charge is intended to be set from year to year to recover the principal and interest payment on non -tax supported debt service for debt that has been or will be issued to fund capital improvements to meet the needs of the existing customer base. In this category are new projects, such as the Domenigoni Valley reservoir project (in the Hemet area) and a portion of the Inland Feeder, and projects to replace aging pipelines and other infrastructure. Capital improvements necessitated by new demands are allocated to the New Demand Charge. Capital improvements related to water treatment are allocated to the Treatment Surcharge. Traditionally among water providers, costs relating to the process of collecting and distributing water have been reflected in water consumption rates, with the amount of an individual customer's bill increasing or decreasing according to the amount of water consumed. Costs relating to the development, improvement and maintenance of infrastructure have frequently been reflected as parcel charges, with owners of all property sharing them on some equitable basis, regardless of amounts of water consumed. These are water availability or readiness -to -serve charges. In Diamond Bar, Walnut Valley Water District is the water retailer. Three Valleys Municipal Water District, of which Walnut Valley is a member, is the water wholesaler. Three Valleys is, in turn, a member agency of the Metropolitan Water District. The MWD readiness -to -serve charge was first levied in the current fiscal year (FY 1995-96). The total revenue MWD will collect from the RTS charge this year is $56,000,000. Of that total, the amount allocated to Three Valleys is $2,107,580. Three Valleys share of the total RTS revenue requirement is equal to Three Valley's percentage of MWD's water sales during Fiscal Years 1992-1993 and 1993-1994. To produce this current amount, Three Valleys has requested that MWD levy a per parcel charge of $12.11, raising $1,856,323. The balance of $251,257 is being raised this year by applying it to the consumption based water rate. In future years, the RTS from MWD charged to member agencies will increase because of increasing debt service needs. The MWD Board has indicated that it will not directly levy a parcel based readiness -to -serve charge greater than $12.11. However, as the RTS levy to member agencies continues to increase, member agencies must decide how to raise the necessary revenue. In the Three Valleys service area, the amount required in Fiscal Year 1996-1997 could increase a parcel based readiness -to -serve charge by $4, or to about $16 per parcel. The issue before the Three Valleys District is to decide to continue to request that MWD continue its $12 per parcel charge, and to also levy a Three Valley's $4 per parcel charge, or to increase the consumption - based water rates to a level sufficient to raise the required funds, or to establish some combination of the two methods. Generally, a parcel based charge is more beneficial to large quantity water users, such as large businesses, public agencies and apartment developments, and it somewhat penalizes modest water users, such as condominium owners. A water consumption based rate tends to operate in the reverse. This situation, however, is complicated by the fact that in the Three Valleys District, only the Walnut Valley Water District and one other agency are currently totally dependent upon imported 2 water (MWD water), and therefor a consumption -based rate on MWD water in the Three Valleys District would tend to penalize Diamond Bar, and provide a relative advantage to other communities in the Three Valleys area. In summary, it seems that the City of Diamond Bar is not in a good position to evaluate the equities of this matter. The elected Boards of both Three Valleys Municipal Water District and the Walnut Valley Water District are better able to do so, and are responsible to do so. Therefor, we are recommending that the City Council take no further policy action in the matter. nbw 3 AGENDA ITEM NO. 10.3 DOCUMENTATION AVAILABLE ON TUESDAY, DECEMBER 5, 1995 AGENDA ITEM NO. 10.4 DOCUMENTATION AVAILABLE ON TUESDAY, DECEMBER 5, 1995 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: November 21, 1995 REPORT DATE: November 14, 1995 FROM: Lynda Burgess, City Clerk TITLE: CERTIFICATE OF EXAMINATION - INITIATIVE PETITION TO ADOPT A GENERAL PLAN (GPAC VERSION), WITH SPECIFIED CHANGES SUMMARY: 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; 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. RECOMMENDATION: It is recommended that the City Council 1) receive and file the Certificate of Examination and accompanying signature verification report provided by the Los Angeles County Registrar- Recorder/County Clerk; 2) consider options outlined in the staff report and 3) authorize expenditure of $20,000 to secure professional consultant services 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. EXTERNAL DISTRIBUTION: 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? _ 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: Terr nce L. Belanger Frank M. Usher Lynda Burgess City Manager Assistant City Manager City Clerk CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 21, 1995 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: INITIATIVE PETITION TO ADOPT A GENERAL PLAN (GPAC VERSION) ISSUE STATEMENT: An initiative measure to place on the ballot a version of the General Plan represented by the proponents as that which was prepared by the General Plan Advisory Committee successfully qualified upon examination of signatures by the Los Angeles County Registrar-Recorder/County Clerk on November 13, 1995. Upon acceptance of the Certificate of Examination, the City Council has a variety of options to consider relating to this matter. These options are: 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 that 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, evaluating the following: a. Report by the City Attorney as to whether the lack of a written request within the Petition that the ordinance be submitted to a vote of the people at a special election permits the City Council to submit the Ordinance to a vote at the next regular municipal election (November 1997). (Elections Code Section 9214 requires that for a special election to be called, the petition must qualify by not less than 15 percent of the voters of the city and that the petition contain a request that the ordinance be submitted immediately to a vote of the people at a special election." The initiative would qualify for a special election ballot if the decision were based solely upon the number of signatures qualified. In this case, 15 percent equals 3,980 valid signatures and the total number of valid signatures as verified by the County Registrar -Recorder is 4,412. To place an initiative measure on a regular municipal election ballot, only 10 percent, or 2,653, valid signatures are required. b. Report by the City Attorney as to whether there exists legal problems with the Ordinance that might warrant keeping it off the ballot. C. Report from the Community Development Director regarding an analysis of the Ordinance and its conformity with State General Plan statute, guidelines, policy and fiscal impacts. In order to assess the fiscal and planning impacts of the proposed Ordinance, it is necessary to engage professional consultant services to augment City staff in preparation' of the analysis. Staff recommends a budget appropriation of $20,000 to engage Hoffman & Associates to prepare the fiscal impact analysis and Hightower/Associates for the necessary planning analysis. Both consultants recommended have experience in the preparation of fiscal and planning analysis. d. Report by the City Manager as to fiscal impacts of the initiative including costs to place the matter on a special election ballot versus placing it on the next regular municipal election ballot. If the City Council were inclined to order a special election, it would be necessary to call the election at your regularly -scheduled meeting of December 19, 1995 to coincide with the March 26, 1996 Primary. Calling the election at your meeting of December 5, 1995 would require the City to conduct its own, separate election one week prior to the Primary. RECOMMENDATION: It is recommended that the City Council direct staff to prepare a report pursuant to Elections Code Section 9214 and agendize the matter for December 19, 1995. FINANCIAL SUMMARY: Unknown at this time. BACKGROUND: On October 4, 1995, initiative petitions to adopt a General Plan, consisting of 586 sections and containing 5,542 signatures, was presented to the City Clerk for filing. The petitions were transmitted to the Los Angeles County Registrar-Recorder/County Clerk for signature verification. The Registrar - Recorder completed examination of the signatures on November 13, 1995 and certified that 4,512 signatures were valid. The minimum number of signatures required for qualification was 2,653. PREPARED BY: LYNDA BURGESS, City Clerk JAMES DeSTEFANO, Community Development Director Lynda: modifications to your staff report ... RECOMMENDATION: 3) authorize the expenditure of $20,000.00 to secure professional consultant services to prepare an extensive analysis of the variety of issues ... ISSUE STATEMENT: 3.c. Report from the Community Development Director regarding an analysis of the Initiative and its conformity with State General Plan statute, guidelines, policy and fiscal impacts. In order to assess the fiscal and planning impacts of the proposed Initiative it is necessary to engage professional consultant services to augment City staff in the preparation of the analysis. Staff recommends a budget appropriation of $20,000.00 to engage Hoffman and Associates to prepare the Fiscal Impact Analysis and Hightower/ Associates for the necessary planning analysis. Both consultants recommended have experience in the preparation of fiscal and planning analysis. CITY OF DIAMONO ojkn AGENDA REPORT AGENDA NO. '' (__ TO: Terrence L. Belanger, City Manager MEETING DATE: November 21, 1995 REPORT DATE: November 14, 1995 FROM: Lynda Burgess, City Clerk TITLE: CERTIFICATE OF EXAMINATION - INITIATIVE PETITION TO ADOPT A GENERAL PLAN (GPAC VERSION) , _ ', x` SUMMARY: 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; 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. RECOMMENDATION: It is recommended that the City Council 1) receive and file the Certificate of Examination and accompanying signature verification report provided by the Los Angeles County Registrar- Recorder/County Clerk; 2) consider options outlined in the staff report and 3) 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. - post•it-routing request pad 7664 EX` t, v ROUTING - REQUEST ti SL Please To ❑ READ 1. El HANDLE ,,viewed X NO ❑ APPROVES - and r, .r+� 7� 3. ❑ FORWARD -wralaTiTyl2. Yes Yes X No X No 4. ❑ RETURN ❑ KEEP OR DISCARD X Pb 5 El_Yes REVIEW WITH ME v nents: Date Vm-WED�6 -- , - jer�renc�eL. 6n Belanger F ank Sher L a Burgess City Manager Assistant City Manager City Clerk CITY COUNCIL REPORT AGENDA NO. MEETING DATE: November 21, 1995 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: INITIATIVE PETITION TO ADOPT A GENERAL PLAN (GPAC VERSION) ISSUE STATEMENT: An initiative measure to place on the ballot a version of the General Plan represented by the proponents as that which was prepared by the General Plan Advisory Committee successfully qualified upon examination of signatures by the Los Angeles County Registrar-Recorder/County Clerk on November 13, 1995. Upon acceptance of the Certificate of Examination, the City Council has a variety of options to consider relating to this matter. These options are: 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 that 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, evaluating the following: a. Report by the City Attorney as to whether the lack of a written request within the Petition that the ordinance be submitted to a vote of the people at a special election permits the City Council to submit the Ordinance to a vote at the next regular municipal election (November 1997). (Elections Code Section 9214 requires that for a special election to be called, the petition must qualify by not less than 15 percent of the voters of the city and that the petition contain "a request that the ordinance be submitted immediately to a vote of the people at a special election." The initiative would qualify for a special election ballot if the decision were based solely upon the number of signatures qualified. In this case, 15 percent equals 3,980 valid signatures and the total number of valid signatures as verified by the County Registrar -Recorder is 4,412. To place an initiative measure on a regular municipal election ballot, only 10 percent, or 2,653, valid signatures are required. b. Report by the City Attorney as to whether there exists legal problems with the Ordinance that might warrant keeping it off the ballot. C. Report from the Director of Community Development as to the content of the inconsistencies between the initiative version of the General Man versus the Uenerai Pian adopted by Resolution 95-42 dated July 25, 1995. d. Report by the City Manager as to fiscal impacts of the initiative including costs to place the matter on a special election ballot versus placing it on the next regular municipal election ballot. If the City Council were inclined to order a special election, it would be necessary to call the election at your regularly -scheduled meeting of December 19, 1995 to coincide with the March 26, 1996 Primary. Calling the election at your meeting of December 5, 1995 would require the City to conduct its own, separate election one week prior to the Primary. RECOMMENDATION: It is recommended that the City Council direct staff to prepare a report pursuant to Elections Code Section 9214 and agendize the matter for December 19, 1995. FINANCIAL SUMMARY: Unknown at this time. BACKGROUND: On October 4, 1995, initiative petitions to adopt a General Plan, consisting of 586 sections and containing 5,542 signatures, was presented to the City Clerk for filing. The petitions were transmitted to the Los Angeles County Registrar-Recorder/County Clerk for signature verification. The Registrar - Recorder completed examination of the signatures on November 13, 1995 and certified that 4,512 signatures were valid. The minimum number of signatures required for qualification was 2,653. PREPARED BY: � J LYNDA BURGESS, City Clerk Phyllis E. Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member R-Yded paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 CERTIFICATE OF EXAMINATION INITIATIVE PETITION I, Lynda Burgess, City Clerk, City of Diamond Bar, California, hereby certify: That the Petition entitled "An Initiative to Adopt a General Plan" has been examined pursuant to California Elections Code Section 9111. I have examined said petition and, as a result of such examination, have determined the following: 1. The total number of valid signatures required by law for qualification at 10% is 2,653. 2. The total number of valid signatures required by law for qualification at 15% is 3,980. 3. The prima facie total number of signatures on the petition is 5,542. 4. The total number of valid signatures is 4,412. 5. The total number of disqualified signatures is 1,130. 6. The total number of petition sections is 586. 7. The total number of petition sections qualified is 586. 8. The petition is found to be sufficient. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 21 st day of November, 1995. (SEAL) Lynda Burgess, City dlerk IN0COUNTY OF LOS ANGELES REGISTRAR-RECORDER/COUNTY CLERK 12400 IMPERIAL HWY. — P.O. BOX 1024, NORWALK, CALIFORNIA 90651-1024 November 13, 1995 Ms. Lynda Burgess, City Clerk City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Dear Ms. Burgess: Enclosed are 586 petition sections pertaining to an initiative petition signature verification on October 5, 1995. The results of the signature verification are as follows: Number of signatures filed Number of signatures verified - Number of signatures qualified - Number of signatures not qualified 5,542 5,542 4,412 1,130 Total 5,542 Please call Alice Rivers of the Election Coordination Unit at (310) 462-2632 if you need any additional information. jAR truly yours, LENE M. BONDS, Interim istrar-Recorder/County Clerk da:D1 AGENDA ITEM NO. 11.3 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 11.4 NO DOCUMENTATION AVAILABLE Honorable Mayor and Members of the City Council - Mr. Bob Huff has been elected to fill one of two available seats on the City Council. As regards the second seat, a recount conducted by the Los Angeles County Registrar-Recorder/County Clerk on Friday, December 1, 1995 resulted in a tie between candidates Carol Herrera and Don Schad. The California Elections Code prescribes that at a time and place designated by the City Council , the City Council shall determine a tie vote. With respect to conducting a special runoff election, the Code provides that a runoff election can only be held if the legislative body adopts the specific requirements for such election prior to conducting the election. In the event the candidates desire to resolve the tie via a run-off election contest, City Council should direct staff, with the assistance of the City Attorney, to provide a report on the ramifications and exposures of having an election that is not in conformance with State Code for your meeting of December 19, 1995 during which the City Council will adopt documents to place the General Plan initiative measure on the March 26, 1996 ballot. Since the California Government Code specifies that a Council Member remains in office until his or her replacement is "elected and qualified," Council Member Papen would then continue her duties as a Member of the Diamond Bar City Council until the matter of the tie is resolved. uring the coming year, the City of Diamond Bar will engage in a variety of new and ongoing Economic Development activities. The following summary will provide a brief description of some of these... Economic Development Plan Currently, a draft Economic Development Plan is being reviewed by the City Council. Once their comments have been received, the City will seek feedback from additional sources, such as the business community, etc. All input will be reviewed for consideration, and a final document, the City of Diamond Bar's Economic Development Plan, will be produced. Redevelopment It is anticipated that the City will continue to explore the needs for, and the possibilities for, redevel- opment efforts within the City of Diamond Bar. Consumer Survey The City is presently engaged in an effort to survey Diamond Bar residents about their shopping preferences, and their opinions about the types of goods and services that they feel are most impor- tant in meeting their local shopping, service and entertainment needs. Results should be available during the first quarter of 1996. Business Data Base The City has assembled an initial data base of businesses within the community, which it will continue to update on an ongoing basis. The initial information collected represents those businesses in Diamond Bar that have registered with the State Board of Equalization. This information will be used to contact business owners and managers in the community, so that additional information can be acquired. Site Selection Portfolio City staff is also in the process of generating a comprehensive data base of available commercial/ retail property within the City. Initially, the Site Selection Portfolio will include major retail centers, with commercial business parks being added as the information is collected. The Site Selection Portfolio will present a graphical representation of each center, and list current tenants within the center, as well any space that is available for lease/purchase. Marketing — Internet The City launched its Home Page on the World Wide Web portion of the Internet on November 7th, 1995. Staff will continue to work with the City's Internet service provider to fully develop the Web site, which will contain comprehensive information about the City and its resources. Included in the information that will be provided, will be the City's Site Selection Portfolio. As a service to the business community, the City is developing a business page that will list every business in Diamond Bar, including address and phone number information, as it becomes available. Also under development is a plan to allow businesses the opportunity to further advertise their products and/or services to a worldwide audience. Marketing — General In the coming year, it is anticipated that the City will participate in at least one trade show, possibly teaming with representatives from the Gateway Corporate Center. The City will utilize its display unit, and accompanying materials, to further promote the advantages of doing business in Diamond Bar. Additionally, as a tie-in to other marketing efforts (e.g., the Home Page), some print advertising will be scheduled for placement in appropriate business-related publications. Other independent marketing efforts will also be implemented, which will pertain to specific projects �� and events.