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Home My WebLink About12/19/1995cit'i COUTICI-Y AGENDA Tuesday, December 19, 1995 6:30 P.M. Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Eileen Ansari Mayor Pro Tem Bob Huff Council Member Clair W. Harmony Council Member Phyllis Papen Council Member Gary Werner 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 I1 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking ' The City of Diamond Bar uses re cled paper in the Council Chambers., . ✓ and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at last three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. --- - —-__hli7isAR2a .6ec_] laaamiS - s6A1166__6_____.Z✓9/�9a1 =s _-ELWAEa nut x All WBi 1 - - -- �t1 IP A ,�44 jt�, A IL rL U. dtto la �9 4.ii3° ' f4 AMA � ,'° q;Zj MIL A i— I Next Resolution No. 95-72 Next Ordinance No. 07(1995) 1. CLOSED SESSION: 5:30 p.m. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: (Subdivision (a) of Section 54956.9) Name of Case: Diaz, Ramos, Martinez, Wills V. City of Diamond Bar Name of Case: Oak Tree Lanes v. City of Diamond Bar Name of Case: Schad v. City of Diamond Bar 2. CALL TO ORDER: 6:30 p.m. December 19, 1995 PLEDGE OF ALLEGIANCE: Mayor Ansari ROLL CALL: Council Members Harmony, Papen, Werner, Mayor Pro Tem Huff, Mayor Ansari 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Certificate of Appreciation to Tom Sykes, Southern California Association of Governments. 3.2 Certificate of Recognition to Community Advisory Committee Members. 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the Citv Council. 5. 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. DECEMBER 19, 1995 PAGE 2 6. SCHEDULE OF FUTURE EVENTS: 6.1 CITY ON-LINE TECHNICAL ADVISORY COMMITTEE - December 21, 1995 - 6:00 p.m., Heritage Community Center, 2900 S. Brea Canyon Rd. 6.2 CITY OFFICES CLOSED FOR HOLIDAYS on December 25 - 26, 1995 and January 1, 1996. 6.3 CITY COUNCIL MEETING - January 2, 1996 - 6:30 p.m., AQMD Auditorium, 21865 Copley Dr. - Quorum not anticipated. 6.4 CITY COUNCIL MEETING - January 9,• 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. CONSENT CALENDAR: 7.1 APPROVAL OF MINUTES - Special Meeting of December 4, 1995 - Approve as submitted. Requested by: City Clerk 7.2 VOUCHER REGISTER - Approve Voucher Register dated December 19, 1995 in the amount of $296,759.63. Requested by: City Manager 7.3 TREASURER'S REPORT - Month of October, 1995 - Receive & file. According to the City's formally adopted investment policy, the City Council is also being provided the October 31, 1995, State of California Pooled Money Investment Account market valuation. City funds which are invested with LAIF are included within this account. Requested by: City Manager 7.4 TRANSMITTAL OF COMPREHENSIVE ANNUAL FINANCIAL REPORT AND FINAL AUDIT REPORTS FOR YEAR ENDED JUNE 30, 1995 - The Finance Department, in concert with the City's auditing firm of Conrad & Assoc., has prepared the FY 1994-95 Comprehensive Annual Financial Report. This fiscal year, the City will be submitting its Comprehensive Annual Financial Report to the California Society of Municipal Finance Officers and to the Government Finance Officers Assn.'s certificate of excellence award programs. In conjunction with our auditing services, final audit reports for FY 94-95 have been prepared and are also being transmitted. During FY 94-95, the City received funds from the Federal Government via the Community Development Commission (Community Development Block Grant). As a result, additional audit reports were prepared and are being transmitted as required by the Single Audit Act. Recommended Action: It is recommended that the City Council receive and file the Comprehensive Annual Financial Report and the Final Audit Reports for FY 94-95 DECEMBER 191 1995 PAGE 3 as prepared by the City Finance Department and Conrad & Assoc. Requested by: City Manager 7.5 AWARD OF PLAN CHECKING SERVICES FOR VESTING TENTATIVE TRACT 47850 IMPROVEMENT PLANS AND FINAL MAP - On December 6, 1995 Diamond Bar Associates submitted their Vesting Tract Map 47850 and all of the related improvement plans to the City for plan check. Staff recommends that plan checking services for VTT 47850 be awarded to Hall & Foreman, Inc. Recommended Action: It is recommended that the City Council award plan -checking services for VTT 47850 improvement plans and Final Map, to Hall & Foreman, Inc., in an amount not to exceed $32,659. Requested by: City Engineer 7.6 REQUEST FOR BUDGET ADJUSTMENT/SUBSTITUTE OF SUB- CONTRACTOR FOR MAPLE HILL PARK A.D.A. RETRO -FIT PROJECT, PHASE I - The City has a contract with Allied Engineering & Construction, Inc. to construct the A.D.A. modifications at Maple Hill Park, in the amount of $154,661.84, plus a contingency not to exceed $6,000. On October 17, 1995, Council approved Change Order No. 1 in the amount of $7,681.56 and approved a budget adjustment for this project in the amount of $9,460. Recommended Action: It is recommended that the City Council approve a Budget Adjustment of $10,010 from the C.D.B.G. Reserve Fund to the Maple Hill Park ADA Retro- fit project, Phase I. It is further recommended that the City Council approve Change Order No. 2 in the amount of $9,100 and provide for an additional 10t (of the change order amount) contingency in the amount of $910 for the project. It is further recommended that the City Council approve substitution of the landscaping sub -contractor from E.S.T. Assoc. to Mercado's Landscape. Requested by: Community Services Director 7.7 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR SUPPORTING THE WALNUT VALLEY WATER DISTRICT IN ITS EFFORTS TO HAVE THREE VALLEYS MUNICIPAL WATER DISTRICT EQUITABLY LEVY MWD'S NEW READINESS -TO -SERVE CHARGE - The City Council has directed staff to agendize the resolution proposed by the Walnut Valley Water District related to the Metropolitan Water District Readiness -to -Serve Charge. The City Council desires that the charge be allocated in an equitable manner. DECEMBER 19, 199b PAGE 4 Recommended Action: It is recommended that the City Council adopt the resolution supporting the Walnut Valley Water District's efforts to have the Metropolitan Water District's new readiness -to -serve charge be equitably levied. Requested by: City Council 7.8 AWARD OF CONTRACTS FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES - The City has utilized landscape architectural consultant services on an as -needed basis since 1993. The previous contract has expired, necessitating the need to enter into a new contract to secure these services for the City. Staff has received and evaluated four proposals, conducted interviews with each consultant firm and checked references. Recommended Action: It is recommended that the City Council authorize the Mayor to enter into professional services agreements with FORMA and Purkiss Rose -RSI to provide as needed landscape architectural services. Requested by: Community Development Director 7.9 INVESTIGATION OF GROUNDWATER SEEPAGE ALONG MEADOWGLEN DRIVE AND AMBUSHERS STREET - Award a contract to investigate groundwater seepage along Meadowglen Dr. and Ambushers St. Recommended Action: It is recommended that the City Council authorize the Mayor to enter into a professional services agreement with Converse Consultants WEST in an amount not to exceed $24,300 with a contingency amount of $3,000, and appropriate $27,300 from the unallocated gas tax fund to Account No. 4551-5221 (Engineering Contract Services Account). Requested by: City Engineer 7.10 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING APPROVAL OF SB 96 (GREENE), KNOWN AS THE PUBLIC FACILITIES BOND ACT OF 1996 The Public Facilities Bond Act of 1996 will be considered by the State Legislature commencing in January 1996. The passage of SB96 will benefit construction programs in D.B. school districts, specifically the proposed Diamond Ranch High School. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX supporting SB 96 (Greene) and transmit certified copies to Governor Wilson, Senator Mountjoy, Assemblyman Miller and all other appropriate members of the State Legislature and State administration. DECEMBER 19, 1995 PAGE 5 Requested by: City Council 7.11 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The proposed project would create a "cul-de-sac" at the west end of Sunset Crossing Rd. and provide for a concept plan for other uses. Recommended Action: It is recommended that the City Council adopt Resolution No. 95 -XX approving plans and specifications for the project and authorize the City Clerk to advertise for bids, and authorize the expenditure of up to $7,500 to prepare a concept plan for other uses of the site for work to be completed by Purkiss-Rose/RSI and Charles Abbott Associates, Inc. Requested by: City Engineer 8. PUBLIC HEARINGS: None 9. OLD BUSINESS: 9.1 TIE VOTE BETWEEN CANDIDATES HERRERA AND SCHAD a. Determine tie by lot < OR > b. Adopt Resolutions Calling a Special Runoff Election to Be Held March 26, 1995 - Pursuant to the California Elections Code, the City Council must adopt resolutions calling and giving notice of the holding of an election and requesting the Board of Supervisors to consolidate the City's election with others being held on March 26, 1996. In addition, the City Council must adopt a resolution pertaining to candidates statements. Recommended Action: It is recommended that the City Council adopt the following: a) Resolution No. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL RUNOFF ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF LAW; b) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1995, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; c) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DECEMBER 19, 1995 PAGE 6 DIAMOND BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENT SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1995 Requested by: City Clerk 9.2 ADOPTION OF RESOLUTIONS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD MARCH 26, 1996 FOR THE SUBMISSION OF AN INITIATIVE MEASURE PROPOSED TO ADOPT A GENERAL PLAN DOCUMENT Pursuant to the California Elections Code, the City Council must adopt resolutions calling and giving notice of the holding of an election and requesting the Board of Supervisors to consolidate the City's election with others being held on March 27, 1996. In addition, the City Council must adopt resolutions directing the City Attorney to prepare an Impartial Analysis and providing for the filing of written arguments and rebuttals relating to the proposed measure. Recommended Action: It is recommended that the City Council adopt the following: a) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION OF A PROPOSED INITIATIVE MEASURE; b) RESOLUTION NO. 95 - XX ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; c) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND d) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. Requested by: City Council 9.3 DISCUSSION OF REORGANIZATION OF CITY COUNCIL AGENDA. Recommended Action: Make changes as desired. Requested by: City Council DECEMBER 19, 1995 PAGE 7 10. NEW BUSINESS: 10.1 ORDINANCE NO. XX(1995): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE AND AMENDING THE LOS ANGELES COUNTY CODE, TITLE 32, FIRE CODE; AMENDING TITLE 16 OF THE DIAMOND BAR CITY CODE;, AND DECLARING THE URGENCY THEREOF - The Uniform Fire Code is revised and updated by the State every three years in order to keep current with the various Building Codes. The 1994 Code has been completely revised from previous years. The revision is consistent with the revisions of the Building Codes. Recommended Action: It is recommended that the City Council adopt Ordinance No. XX(1995) amending the Fire Code. Requested by: Building Official 10.2 COUNCIL COMMITTEE APPOINTMENTS - Recommended Action: Make appointments as desired. Requested by: Mayor Ansari 11. ANNOUNCEMENTS: 12. ADJOURNMENT: /111 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: PHONE: X15 l5 ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. `' 'Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �l/� `U�/!' �' S�� f/i DATE:�L �y— ADDRESS: v�� ° L �.` PHONE: ORGANIZATION: AGENDA #/SUBJECT: • 3 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 rA TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK �.a DATE: /2 r. J • PHONE: ,!��-J a7 ,,,� " I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. �cr ~ Signature F'A TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK 9.1 DATE: Az /s — F.J PHONE;R04% - 67 kZ 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 4* VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK /'1 // Y /-? /f X wz�'Lc �C- aC"z3' 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 11 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �'- S �_'/� - �l� DATE: 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 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK o:. DATE: /Z - /9 — 9.5� PHONE: �61 - 07 %S TFY I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. W Signature VOLUNTARY REQUEST TO ADDRESS THE CITY GGUNGIL J TO: C17 -C ERK FROM: 0 k2C = Ut_.CZL- IT� DATE: ADDRESS: 2Ait/ e'A PHONE: ORGANIZATION: • AGENDA #/SUBJECT: /R 1 I (-e UAV � -�-�- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 4i�fna�tur. ADDRESS:' C� �P / / / ( PHONE: ORGANIZATION: L AGENDA #/SUBJECT: �l�C 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. ignat&e VOLUNTARY RFOUFST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:L�G� ('�� I SCh DATE: 'Z /C//qs- ADDRESS: (; �� iri , �G CI17�`� 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 DECEMBER 4, 1995 PAGE 2 protested the meeting being held and did not believe the Council has a right to censure anyone on the use of City stationary. Gary Neely, Diamond Bar Caucus, stated that based upon legal advice received, he would not elaborate on the matter, but indicated that Nick Anis is not a member, and has never been a member of the Diamond Bar Caucus. He has never been empowered to speak or act as a spokesman on behalf of the Diamond Bar Caucus. The official position of the Caucus was to support the censure of C/Harmony and to express their deep appreciation to both the Councilmembers and City staff for their prompt action in this matter. CM/Belanger stated that C/Harmony had communicated with the City Council regarding this matter. Oscar Law stated that he was not aware of this meeting, and that the public has a right to know the details involved so that they can either agree or disagree with the censure. In response to Mr. Law, M/Papen read into the record the letter sent by MPT/Werner, C/Ansari and herself in response to C/Harmony's letter, which is the basis for the censurship. Council has been advised by the City Attorney not to distribute C/Harmony's letter. CM/Belanger suggested that M/Papen wait to read the letter until the City Attorney joined the meeting. In response to M/Papen asking if it would be appropriate to read the letter sent out by the Council regarding C/Harmony's letter, CA/Jenkins indicated approval. M/Papen then read the letter signed by M/Papen, MPT/Werner and C/Ansari in its entirety. Mr. Law stated that it appears that Mr. Harmony wrote a letter that the other City Council Members did not approve of; however, he still didn't know what C/ Harmony did to warrant censure. CA/Jenkins read the letter from C/Harmony dated November 30, 1995 to an individual on the campaign listing of the Diamond Bar Caucus as attached as an enclosure. He then read the proposed Resolution regarding the censure of C/Harmony. Martha Bruske, 600 Great Bend Dr., asked if a policy regarding the use of City stationary had been enacted. She asked about the timing on this matter. M/Papen asked MPT/Werner to respond to Mrs. Bruske's questions. He stated that the timing of the incident is a direct result of the City's awareness of circumstances surrounding the incident, no other reason. Further, the City is not conducting any investigation and not to state this would imply that the City is in agreement with the letter. DECEMBER 4, 1995 PAGE 3 Al Rumpilla, 23958 Golden Spgs. Dr., spoke in opposition to the censure due to the fact that it does nothing to the person. If a resolution is going to be adopted, put some "teeth" in it. Wilbur Smith, 21630 Fairwind Ln., asked for a clear-cut, definitive statement where Mr. Harmony broke some rule, some law, some statement of appropriate action regarding the use of City stationary. If the Council cannot specify in detail and show that he has committed action against some law, then Council doesn't have a case. Nancy Villalobos stated that the action being taken may be construed as a continuation of the feud between Mr. Harmony and a present Council Member. Also, Mr. Harmony may be discriminated against. Don Gravdahl stated that he felt that by the quick action of the Council, they may be able to limit liability that may be imposed on the Council. Debby O'Connor, 23725 Bower Cascade, approved of the quick action by the Council. Jack Gutowski stated that he could not believe that Mr. Neely would put the City through a lawsuit and felt that this was a "witch hunt." He asked if the Brown Act had been violated when the letter was drafted. M/Papen advised that no meeting had taken place for the drafting of the letter. Nick Anis objected to the letter being distributed, and since he was under the impression that it would not be distributed, his attorney did not file for a restraining order against Mr. Harmony. He asked Council Member -elect Huff to state whether he supported the resolution. He asked that the Resolution be corrected, since it fails to point out that the sample letter knowingly and intentially misrepresents the amount of money for deceptive purposes. M/Papen asked for clarification on the letter Mr. Anis was referring to. Mr. Anis stated that the letter received by the City, by Mr. Harmony, misrepresents the amounts of the contributions. Further, last year, Mr. Harmony stated that he did not have any City stationary, however, it appears that he misrepresented himself to the public. Bob Huff, Council Member -elect, stated that he supported the Council's action. M/Papen reported that she had been asked why she was at the meeting and that she advised that she is still an elected official and that if she was not here, there would not have been a quorum since Mr. Harmony had elected not to attend the meeting. By being here, it made an opportunity to deal with DECEMBER 4, 1995 PAGE 4 an issue that needed to be dealt with immediately. C/Ansari explained that she had no problem with Mr. Harmony writing a letter, doing any investigations on his own stationary, in his own house; however, as an elected official she felt that there is a fiduciary responsibility to protect the City's liability. If any other Council Member had written such a letter, she would have reacted in the same way. In regard to the timing of the meeting, the Council had a responsibilty to act promptly. This is to let people know that we won't tolerate this type of behavior by anyone. MPT/Werner expressed concern with some of the testimony given today regarding the censure of Mr. Harmony. C/Ansari moved and M/Papen seconded to adopt Resolution No. 95-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CENSURING COUNCILMEMBER CLAIR HARMONY FOR ACTIVITIES UNBECOMING OF A CITY COUNCILMEMBER as amended with the addition of a clause to remove Mr. Harmony from all representation on committees to outside agencies where he represents the City until reorganization of the new Council. In response to MPT/Werner, M/Papen explained that on November 27, a letter was received from the Wildlife Corridor Conservation Authority which showed C/Harmony as the delegate. It appeared as though a representation was made at the November Corridor meeting changing delegates, yet no Council action had been taken removing her as the City's delegate nor appointing C/Harmony as the official delegate. MPT/Werner asked that the date within the Resolution be changed, that the section recommended by both C/Ansari and M/Papen be added and that Mr. Neely be classified as a businessman, not a resident of the City. He agreed with Mr. Rumpilla regarding having more "teeth" in the Resolution. M/Papen stated that Mr. Harmony had been contacted on several occasions regarding misstatements and other slanderous and libelous attacks that he has made regarding her and others. She further stated that she is very sorry that the meeting had to be called and that the Council must take this action. 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 MPT/Werner requested a Closed Session regarding potential litigation mentioned during the public comments, to see if there is any further action necessary to be taken by the Council. DECEMBER 4, 1995 PAGE 5 CA/Jenkins stated that he understood MPT/Werner's concern; however, it should be discussed during a Closed Session scheduled at another time. M/Papen asked if the City Attorney could give a status report in regard to the tie vote for the Council seat. CA/Jenkins stated that he could not discuss the matter since it was not on the current agenda. The California Elections Code provides that in the event of a tie vote, the determination is made by lot by the Secretary of State, in the absence of an ordinance or resolution prior to the election that would allow for a special run-off election. He further stated that the election results can be accepted by the Council at the next meeting 3. ADJOURNMENT: was adjourned at 11:55 a.m. ATTEST: Mayor With no further business to conduct the, meeting Lynda Burgess, City Clerk 7 (� I N T E R O F F I C E X E M O R A N D O M TO: Councilmember Papennand Councilmember Werner FROM: Linda G. Magnuson`; -Accounting Manager SUBJECT: Voucher Register, December 19, 1995 DATE: December 14, 1995 Attached is the Voucher Register dated December 19, 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 19, 1995 has been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION AMOUNT 001 General Fund $206,113.70 112 Prop A Fund 9,164.21 115 Integrated Waste Mgt Fund 405.07 118 Air Quality Imp Fund 136.25 125 CDBG Fund 2,910.07 138 LLAD #38 Fund 10,569.53 139 LLAD #39 Fund 5,596.92 141 LLAD #41 Fund 186.27 250 CIP Fund 61,677.61 TOTAL ALL FUNDS $296,759.63 APPROVED BY: rq- 'h Linda G. Mag son Accounting Manager Mi errence L. Belanger City Manager G Phy is E. Papen Councilmember Ga H erner Counc meter 4 � * C 1 t y of Diamond Ear * * * RUN TIME: 08:53 12/14195 v 0 U C H E R R C G I S T E R PAGE 1 DUE THRU.............12/19/`.'5 VENDOR NAME VENDOR ID. # * PREPAID * ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/CUE INVOICE DESCRIPTION AMOUNT DATE CHECK. ------------------------------------------------------------------------------------------------------------------------------------ 3CMA 3CMA MpleHill-PrtblToilts 135.04) *00.1-4020-2325 1 61219A 12/12 12/10 CorF 12/7-U5her Mtg Supplies-CCncl 12/5 46.50 12/19/95 000025616 TOTAL PREPAID AMOUNT ----) 46.50 TOTAL DUE VENDOR --------) TOTAL DUE VENDDR --------) AT & T AT&T Xng6rdSvcs-11/12-11/25 2,345.80 *001-4090-'2125 2 61219B 12/13 1-1/15 Long Dist Phone Svcs *001-4090-2125 3 61219E 12/13 12/15 Long Distance Phone Svcs *001-4090-2125 4 61219B 12/1^ 12/15 Long Distance Phone Svcs TOTAL DUE VENDOR --------) 227.33 TOTAL DUE VENDOR -------- Accurate Landscape Accurate *001-4316-2210 4 61219B 01/3742 Action Mobil ActionPort *250-4310-6415 06696 12 612198 01/3648 Albertsons Albertsons *001-4010-2325 9 61219A All City Management All City *001-4411-5531 12 612198 01/3.384 AmHealth Medical Group Wealth *01-4090-2345 2 61219B 01/3745 Aramark Refreshment Aramark *001-4090-2325 5 61219B 01/3741 Arnet, Gerald ArnetG *01-3473 2 61219F 12/13 12/15 40090 MapleHIIISlopeMaint TOTAL DUE VENDOR --------) 60.(k1 12/1`11'35 0000,62'5614 60.00 0,00 42.'?9 37.82 5. `'? 86.40 650.00 650.00 12/13 12/15 144823 MpleHill-PrtblToilts 135.04) TOTAL DUE VENDOR --------) 135.00 12/12 12/19 Mtg Supplies-CCncl 12/5 46.50 12/19/95 000025616 TOTAL PREPAID AMOUNT ----) 46.50 TOTAL DUE VENDOR --------) 0.00 12/13 12/15 000688 Xng6rdSvcs-11/12-11/25 2,345.80 TOTAL DUE VENDOR --------) 2,345.80 12/13 12/15 179205 FirstAidSvc-Nice 105.45 TOTAL DUE VENDOR --------) 105.45 12/13 12115 1567711176 4CornersMtg-11/8/95 227.33 TOTAL DUE VENDOR --------) 227.33 12/13 12/19 CR23664 EzcurRef-CitrusCollege 24.00 TOTAL DUE VENDOR --------) 24.00 *# C i t or Diamond Bar *** RUN TIME: 08:53 12/14/95 V O U C H E R R E G I S T E R PAGE 2 DUE THRU............. I-I191�5 VENDOR NAME VENDOR ID. * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DES+�RIF7ION AMOUNT HATE ChECK Assoc. of Environmental AEP1 *001-4210-2315 2 61219B 1:2/13 12/15 MbrshpRenewal-DeStefano 80.00 TOTAL DUE 'VENDOR --------} 80.00 Bent, Bernie 1784 4001-:3472 7 612198 12/13 12/15 16120 Recreation Refund 93.00 TOTAL DUE VENDOR --------) 913.00 Benton, Anne F 17JO *001-3478 20 61219B 12/13 12/15 15995 Recreation Refund 10.40 TOTAL DUE VENDOR --------) 10.00 Brea, City of BreaCity *001-4'3-.`,0-5200 2 61219B 01/3140 12/13 12/15 W-98 RecSYcs-Nov1995 36,717.75 TOTAL DUE VENDOR --------) 36,717.75 Bryan A. Stirrat & Assc Bryan5tirr IK)Oi-4551-5223 24 61219E 01/3437 12/13 12/19 96839 PlanChkSvcs-2625C1earCrek 231.00 *001-4551-5223 26 6121E 01;3578 12113 12/19 96839 FlanChkSvcs-28100akKnoll 221.25 *001-4551-5223 28 61219E 01/3651 12/13 12/19 96M P1anChkSvcs-2818Bentley 126.00 {001-4551-5223 30 61219E 01/36-8, 12/13 12/19 96839 PlanChkSvcs-2833 Bentley 127.50 *001-4510-5227 10 61219E 01/3245 12/13 12/19 96840 InsptnSvcs-23904FlcnViw 96.18 *001-4510-5227 1'. 61219E 01/ r,, 12/13 12/19 96,340 . InspSvcs-301FernPlce 29.12 *001-4510-5227 14 61219E 01/3454 12/13 12/19 96840 InspSvcs-223'24G1dnSprgsDr 300.00 TOTAL DUE VENDOR --------i 1,130.0.5 Business Systems Corp BusSysCorp *112-4553-5523 1 61219B 12/13 12/15 21276 DiamondRideIDCdrds 34.10 TOTAL DUE VENDOR --------} 34.10 Calcagno, Terry CalcagnoT *001-3473 3 61219E 12/13 12/19 CR 23668 ExcurRef-CitrusCollege 12.00 TOTAL DUE VENDOR --------} 12.00 California Contract CCCA *0131-4010-2330 9 612196 12/14 12/19 Lgsitveiour-1/l6-18,Hrmny 200.NO TOTAL DUE VENDOR --------) 200.00 of D Bar # RUN TIME: 05:53 12/14/'j5 V O U C H E R R E G I S T E R SAGE 1 DUE THRU.............12;19/'-v5 VENDOR NAME VENDOR ID. * PREFAID + ACCOUNT PROJ.TX-NO BATCH ='O.LINE/N0. ENT Fy/D_E INV"110E DE5 rIPTI^N AMG,.)NT SATE CL ---Y ------------------------------------------------------------------------------------------------------------------------------------ Carol Dennis CarciDenni *001-4210-4000 4 61219C 01/3121 12/13 12/19 ADRQ508 Prof Svcs -10/2.3,11/13,27 290.00 *001-4210-4000 2 612190 01/3121 12113 12%19 PC9509 MntSecrtry-Png Can 11/27 150.00 *001-4553-4000 2 61219C 02/3121 12/13 12/19 TT 9509 T&T Commission -11/9 200.00 TOTAL DUE VENDOR --------) 640.00 Charles Abbott & Asc Inc CharlesAbb *001-4510-5502 2 6121QB 01/3165 12/13 12/15 043-112 RdMaintSvcs-Nov95 17,91251. 53 *001-4510-5506 10 61219B 01/3171 12/13 12/15 049-112 Marking/SigningSvcs 270.00 TOTAL DUE VENDOR --------) 18,795.53 Cintas Cintas *001-4310-2130 8 612198 01/3206 12113 12/15 6404062'2'9 UniRent-PrkStaff-11/117 16.65 *001-4310-2130 10 612198 01/3206 12/13 12/15 640408288 UniRent-PrkStaff-12104 16.65 TOTAL DUE VENDOR --------) 33.30 Coleson, Bonnie ColesmB *001-3473 4 61219F 12/13 12/19 CR 23655 ErcurRef-CitrusCollege 24.00 TOTAL DUE VENDOR --------) 24.00 Collins, Irene Collinsl *001-3473 5 61219F 12/13 12/19 CR 23669 Eicurkef-CitrusCollege 12.00 TOTAL DUE VENDOR --------) 12.00 Commerce City Maintenance Co%CtyMain *001-4314-2210 2 61219B 01/3325 12/13 12/15 73021 JanitSvcs-HrtgPrk-11/22 711.00 TOTAL DUE VENDOR --------) 75.00 Community Industries CommIndust *001-4558-5521 2 612199 02/3145 12/13 12/15 Litterkate-Gct1995 839.44 TOTAL DUE VENDOR --------) 839.44 Computer Applied Systems CAS *001-4050-4030 2 61219E 01/3250 12/13 12/15 950412 CompMaint-Finance-Dec 832.00 TOTAL DUE VENDOR --------) 832.00 D&J Engineering D&JEngine *001-2300-1010 9 61219C 12/13 12/19 PO 3412 Insp & Pln Ck-FPL95-039 67.50 *001-2'M-1010 10 61219C 12/13 12/19 PO 3416 Insp & Pln Ck-FPL95-034 45.00 *001-2300-1010 12 61219C 12/13 12/19 PO 3484 Insp & Pln Ck-FPL95-040 90.00 *001-2300-1010 11 612190 12,'13 12/19 PO 3537 Insp & Pln Ck-FPL95-033 90.00 *001-2300-1010 5 61219C 12/13 12/19 PO 3538 Insp & Pln Ck-FPL95-043 90.00 *001-2`;00-1010 4 61219C 12/13 12/19 PO 3539 Insp & Pln Ck-FPL95-045 90.00 *4 City o{ Diamond Bar* RUN TIME: W:53 12/14/95 V O U C H E R R E G I S T E R FADE 4 DUE THRU.............12/1'9/95 VENDOR NAME VENDOR ID. # PREFHIL o ACCOUNT PRGJ.TX-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMOUNT 11ATE CHECK D'J Engineering D&JEngine (CONTINUED) *001-2300-1010 3 61219C 12113 12/19 PO ,540 Insp & Pln Ck-FPL95-046 90.00 *!001-2300-1010 2 612190 1-/13 12/19 PO 3550 Insp & Pln Ck-FPL95-047 90.00 *0+31-7300-1010 13 612190 12/13 12/19 PO -3559 Insp & Fin Ck-FPL95-031 ?0.00 #001-7300-1010 14 61219C 12/13 12/19 F'0 3566 Insp & Pln Ck-FPL95-044 90.00 *00.-2300-1010 22 61219C 12;13 12/19 PO ?,x.14 Insp & Pln Ck - FPL95-048 90.(x0 *001-2300-1010 b 612190 12/13 12/19 PO 3615 Insp & Pln Ck-FPL95-042 90.00 *001-2300-1010 7 61219C 12/13 121119 PO 3615 Insp & Pln Ck-FPL95-041 90.00 *001-2300-1010 8 61219C 12/13 12/19 PO 3615 Insp & Pln Ck-FPL95-049 90.00 *001-2300-1010 15 612190 12/13 12/19 PO 3623 Insp & Pln Ck-FPL95-050 135.0ci *001-2300-1010 16 612190 12/13 12/19 PO 3669 Insp & Pln Ck-FPL95-051 90.00 TOTAL DUE VENDOR --------) 1,417.50 DB Country Club DBCountryC *001-4090-2325 7 61219F 01/3756 12/13 12/19 CityHolidayEvent12/12 1,377.16 12/12/95 tjoOCj25b2'�' TOTAL PREPAID AMOUNT ----) 1,877.16 TOTAL DUE VENDOR --------) 0.00 DB Country Club DBCountryC *001-4090-2325 3 61219A 12/12 12/19 Deposit-CtyHldyEvent 300.00 12/1/95 %)0025613 TOTAL PREPAID AMOUNT ----) 300.00 TOTAL DUE VENDOR --------) 0.00 Diamond Bar Ranch Fest. DBRanchFst *001-2300-1002 3 61219C 12/13 12/19 OR 24253 Refund Security Deposit 200.00 TOTAL DUE VENDOR --------) 200.00 Diamond Bar/Walnut YMCA D8WalYMCA *125-4215-2355 2 61219C 01/3195 12/13 12/19 CDBG After Sch Pgm-Dct 2,480.00 TOTAL CE VENDOR --------) 2,480.00 Diversified Paratransit DiversPara *112-4553-5524 2 61219C 01/3290 12/13 12/19 Dial -A -Cab Svcs 11/1-15 8,3.55.11 TOTAL. DUE VENDOR --------) 8,=355.11 Drozdowski, Shirley 1791 *001-3478 30 61219E 12/13 12/19 16420 Recreation Refund 10.00 TOTAL DUE VENDOR --------) 10.00 *x* City of Diamond Bar * * * RUN T!ME , 08'5.3 .2/14,95 V O U C H E R F E 3 I S T E R F.'GE _ DUE THRt.............12/19/95 VENDOR NAME VENDOR ID. * * PREPAID * ACCOUNT PROJ.TX-NO BATCH PO.LINE/140. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Elmer, Cliff ElmerC *001-3473 6 61219F 12/13 12/1'? CR 23673 ExcurFef-CitrusCollege 36. CR) TOTAL DUE VENDOR --------> 36.00 Engineering -Environmental EngEn Zeol *001-23(g3-1012 10 61219C 12/13 12,'19 51113IA-214 GeoTech Review-EN95-083 357.50 *001-2000-1012 9 61219C 12/13 12/19 511131A.229 GeoTech Review-EN95-092 715.00 TOTAL DUE VENDOR --------) 1,072.50 Entenmann-Rovin Co. Entenmann *001-4095-2352 2 61219C 01/3510 12/13 12/19 104193 City Shld Paperwt-Miller 91.95 TOTAL DUE VENDOR --------) 91.95 Envicoa Corporation Envicom *001-7300-1011 4 61219C 12/13 12/19 PO 3228/5859 Prof Svcs - FER91-002 5,382.62 TOTAL DUE VENDOR --------) 5,382.62 FSA Federal Credit Union F&ACreditU *001-2110-1012 3 61219F 12/13 12/19 PP25 PRDeductionsPP25 2,757.75 12/12/95 0000025621 TOTAL PREPAID AMOUNT ----) 2,757.75 TOTAL DUE VENDOR --------) 0.00 F&A Federal Credit Union F&ACredltU 1-001-2110-1012) 2 61219A 12/12 12/19 PP24 Cr Union Deductions 2,757.75 12/19/95 00000'2256107 TOTAL PREPAID AMOUNT ----) 2,757.75 TOTAL DUE VENDOR --------) 0.00 Federal Express Corp. FedExpress *001-40'90-2120 2 61219C 12/13 12/19 5-649-82707 Postage -General Govt 63.20 *250-4310-6415 06686 15 61219C 12/13 12/19 5-649-32707 Postage-Maplehill Pk Proj 14.00 TOTAL DUE VENDOR --------) 82.20 Firestone Stores Firestone *001-4310-22W 2 61219C 01/3717 *001-4090-2200 10 612190 03/3603A First interstate Bank First Inter *001-4010-2330 4 61219A *001-4010-2330 5 61219A 12/13 12/19 6-262649-1 Brake Svc & Oil Chg-PkTrk 12/13 12/1'? 6-262727-2 30,000 Mile Svc-Oldsmbl TOTAL DUE VENDOR -------- 12/1-1 12/19 CCCA Acconod-Ansari 12/12 12/19 League Conf-Ansari TOTAL PREPAID AMOUNT ----) TOTAL DUE VENDOR --------) 206.66 174.94 381.60 27.30 1219P5 :R101r)25,;09 12.39 12/19/''5 U!fliiii2�6pi 39.69 0.00 *# City c Diamond Ear *+ RUN TIME: 03:53 12114,^5 u u C H E R k E G I S T E k =AGE % DUE THRU.............12/19/95 VENDOR NAME VENLGR ID. # PREPAID # } ACCOUNT PRGJ.TX-NO BATCH PO.LINE/NO. ------------------------------------------------------------------------------------------------------------------------------------ ENTRY/DUE INVOICE DESCRIPTION AMC1lNT DATE CHECK First Interstate Bank FirstInter *001-4010-2330 6 6121?A 12/12 12/19 CCCA Accomed-Werner 53.55 12/19/95 00000:5610 *041-4090-2310 20 61219A 12/12 12119 Fuel -Werner 20.00 12/19/95 0000025610 TOTAL PREPAID AMOUNT ----) 73.55 TOTAL DUE VENDOR --------) 0.00 First Interstate Bank FirstInter *001-4010-2330 7 61219A 12/12 12/19 CCCA Accomod-Paper 36.30 12/19/95 0000025%11 TOTAL PREPAID AMBIT ----) 36.:;0 TOTAL DUE VENDOR --------) 0.00 First Interstate Bank F1rstlnter *001-4010-2330 8 61219A 12/12 12/19 LeagueConfl0/24-Harmony 9.32 12/19/95 000(025t,15 TOTAL PREPAID AMOUNT ----) 9.32 TOTAL DUE VENDOR --------) 0.00 Flores, Aurora FloresAuro *001-3473 7 61219F 12/13 12/19 CR 24256 ExcurRef-CitrusCallege 24.00 TOTAL DUE VENDOR --------) 24.00 GTE California GTE ¢001-4316-2125 1 61219C 12/13 12/19 Phone Svcs - Maplehill Pk 41.28 TOTAL DUE VENDOR --------) 41.28 GTE California GTE *001-4319-2125 1 61219C 12/13 12/19 Phone Svcs - Peterson Pk 40.63 TOTAL DUE VENDOR --------) 40.63 GTE California GTE *001-4322-2125 1 61219C 12/13 12/19 Phone Svcs - Reagan Pk 41.'3 TOTAL DUE VENDOR --------) 41.93 GTE California GTE *001-4040-2125 2 61219C 12/13 12/19 Modem Svcs -City Clerk 27.26 TOTAL DUE VENDOR --------) 27.26 GTE California GTE *001-4090-2125 5 61219C 12/13 12/19 Phone Svcs - City Offices 1,465.64 TOTAL DUE VENDOR --------) 1,465.64 * * * C i t y o f D i a m o n d B a r ** * RUN TIME: 08:53 1!'/14/95 V O U C H E R R E G I S T E R PAGE 7 DUE THRU.............12/19/95 VENDOR NAME VENDOR ID. * * PREPAID ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK, ------------------------------------------------------------------------------------------------------------------------------------ Gentry Brothers Inc. GentryBros *250-4510-6412 07496 6 61219C 02/C3166A 12/13 12/19 CIP-TrffcCntrlGrdPrj 16,231.73 TOTAL DUE VENDOR --------} 16,231.17-11 Goertz, Mary GoertzM *001-3473 8 61219F 12/13 12/19 CR 24251 ExcurRef-CitrusCollege 24.00 TOTAL IE VENDOR --------) 24,00 Green Giant GreenGiant *001-4558-5509 4 612190 01/3148 12/13 12/19 Tree Well Covers Finl Pmt 360.00 TOTAL DUE VENDOR --------) 360.00 Greis, Harold GreisH *001-3473 9 61219F 12/13 12/19 CR 236621 ExcurRef-CitrusCollege 24.00 TOTAL DUE VENDOR --------) 24.01 Gurrieri, Joseph Gurrieri,j *001-3473 10 61219F 12113 12/19 CR 23667 ExcurRef-CitrusCollege 24.00 TOTAL. DUE VENDOR --------) 24.00 Hernandez, Patricia 1,785 *001-3474 2 61219B 12;13 12/15 16670 Recreation Refund 50. CA) TOTAL DUE VENDOR --------) 50.00 HighPoint Graphics HighPoint *001-4095-2111 2 61219D 01/3252 12/13 12/19 51147 PrePressSvcs-CAFR 121.24 TOTAL DUE VENDOR --------) 121.24 Home Depot HomeDepot *001-4310-1200 12 61219D 01/3707 12/13 12/19 0111495 Supplies -Chain Saw 150.47 *001-4310-1200 10 61219D 01/3'274 12/13 12/19 5112209 Supplies -Parks 71.24 TOTAL DUE VENDOR --------) 221.71 Hondo Company HondoCo *250-4310-6415 07596 14 61219D 01/32,79 12/13 12/19 Reglk2 MonumntSign-PrkSigns 38,687.17 TOTAL DUE VENDOR --------) 38,687.17 # t F 1 t y J f D l a m o n C Jj 3 r * 4� RUN TIME: 08:53 12/14M VOUCHER REGISTER DUE THRU............. 12,'19!'-` PAGE 2 VENDOR NAME VENDOR ID. + + PREPAID * 4 ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DDE INVOICE DESCRIPTI7N AM3rJNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Humphrey, Bette 17c2 +001-3472 3 61219B 12/13 12/15 1647, Recreation Refund 441(J0 TOTAL DUE VENDOR ------ 44.00 Humphrey, Lawrence HumphreyL +001-3473 11 61219F 12%13 12/19 CR 22620 EzcurRef-CitrusCollege 12.00 TOTAL DUE VENDOR --------? 12.00 Hunter, Christine Hunterurap +001-4010-1200 1 612191) 12/13 12/19 5064 NamsePlaques-Herrera/Huff 32.47 TOTAL 041E VENDOR --------) 32.47 Hyatt Regency HyattRegen +001-4010-23;0 10 612196 12/14 12/19 Accom Scrmnto-1/16-8Hrrhny 228.48 TOTAL DUE VENDOR --------1 228.48 ICMA Retirement Trust -457 ICMA *001-4030-0090 2 61219D 12/13 12/19 Dec DecBenefitContrib 1,0'r,..56 +001-4040-0090 2 61219D 12/13 12/19 Dec DecBenefitContrib 879.36 +001-4050-0090 2 612191) 12/1:3 12/19 Dec DecBenefitContrib 344.47 *001-4000-0080 1 61219D 12/13 12/19 Dec DecContrContributions 400.00 +201-4095-0090 2 612190 12/13 12/19 Dec DecBenefitContrib 55.91 *001-406-0090 2 61219D 1213 12/19 Dec DecBenefitContrib 23.96 +001-4210-0090 2 61219D 12/13 12/19 Dec DecBenefitContrib 675.86 *001-4310-0090 2 6121c)D 12/13 12/19 Dec DecBenefitContrib 406.15 *001-4350-0090 2 61219D 12/13 12/19 Dec DecBenefitContrib 674.74 +001-4510-0090 2 61219D 12/13 12/19 Dec DecBenefitContrib 480.16 4(101-4551-0090 2 612191) 12/13 12/19 Dec DecBenefitContrib 399.21 4001-4553-0090 2 61219D 12/13 12/19 Dec DecBenefitContrib 396.13 *115-4099-0090 2 61219D 12/13 12/19 Dec DecBenefitContrib 405.07 +118-4099-00-x0 2 612t9D 12/13 12/19 Dec DecBenefitContrib 136.25 *125-4215-0090 3 61219D 12/13 12/19 Dec DecBenefitContrib 129.25 +138-453MO90 2 612191) 12/13 12/19 Dec DecBenefitContrib *139-4539-0090 2 61219D 12/13 12/19 Dec DecBenefitContrib 28.30 +141-4541-tk00 2 61219D 12/13 12;119 Dec DecBenefitContrib 28.30 *Wl-2110-1007 3 612190 12/13 12/19 PP2^<•-26 PP22-26Contributions 550.W TOTAL DUE VENDOR --------? 7,073.?8 ICMA Retirement -401 ICMA401 +001-2110-1007 2 61219D 12/131 12/19 PP24-26 PP24-26Contrib 2,636.52 TOTAL DUE VENDOR --------1 2,636.52 TOTAL DUE VENDOR --------) 357.51 Istik, Jack Istikj *001-4553-4100 2 612198 12113 12/15 T&TMtg-11/09/95 40.00 TOTAL DUE VENDOR --------} 40.00 Jimenez, Sarah J1menezS *001-3413 13 61219F 12/13 12/19 CR 3666 ExcurRef-CitrusCoilege 12.00 TOTAL DUE VENDOR --------) 12.00 keiter Construction KeiterCons *250-4215-6420 06796 2 61219D O1/C2943 12113 12/19 103095 Keyser, Victoria E. KeyserV *001-2300-1002 4 612190 Khan, Elfr:ede 1186 *001-3478 21 612196 12/1312/19 02455 12/13 12/15 16143 HndicpAccRamps-FinalRet 6,012.40 TOTAL DUE VENDOR --------) 6,011.40 SecDepRefund-11/25/95 2100.00 TOTAL DUE VENDOR --------) 200.00 Recreation Refund 15.00 TOTAL DUE VENDOR --------1 15.00 #e City of Diamond Bar # RUN TIME: 08:53 12/14/95 V 0 U C H E R R E G I S T E R PAGE 9 DUE THRU .............12;1',/95 VENDOR NAME VENDOR ID. * # PREPAID ACCOUNT PROJ.T)(-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH P0.LINE/NO. ENTRY,I; 4*a City of Diamond "car *** RUN TIME; 14:05 12/14/95 V O U C H E R R E G I S T E R FAGE 10 DUE THRU.............12/1'?/95 VENDOR NAME VENDOR ID. * PREPAID ACCOUNT PROJ.TX-ND BATCH PD.LINE/NO. ENTRY/DUE IMVOICE DESCRIPTION AM%UNT DATE CHEGk: ------------------------------------------------------------------------------------------------------------------------------------ L.A. County -Sheriff s Dep LACSheriff *001-4411-5404 1 61219D 12/13 12/19 73644 TrdfCntlSvc-CalvChap10/95 6,678.46 TOTAL DUE VENDOR --------) 6,671$.46 L.A.County Public Works LACPubWk ¢001-4`10-554) 2 612191) 01/3635 12/13 71211'9 r46000004261 IndWstSvc-Sep/Oct?5 1,47 .72 *001-4510 5507 2 61219D 01/3631A 127113 12119 960100192 TrafSig,StrtSigns-Oct95 1,952.46 TOTAL DUE VENDOR --------) 3,432.1:3 L.A.County Public Works LACPubWk *001-4331-5300 4 6121':�D 01/:129 12/13 12/19 9600714304262 SumpfumpMaint-Oct95 216,54 *001-4558-5510 2 61219D 01/3128 12/13 12/19 96000004260 TreeWater5vcs-10/95 2,184.51 TOTAL DUE VENDOR --------) 2,401.05 League of Ca. Cities League *001-4010-2325 8 61219A 12/12 12/19 Mtg12/7-Ansri/Papen,/Huff 60.00 12/19/95 000iN)25612 TOTAL. PREPAID AMOUNT ----) 60.00 TOTAL DUE VENDOR --------) 0.00 Legacy Travel & Tours LegacyTrav 0011-4350-5310 8 61219D 01/3576 12/13 12/19 A0019 Excur-AutmHrvst10/27 300.00 *112-4360-5310 4 61219D 02/3576 12/13 12119 A0019 Trns-OakGlen-10/27 430.00 TOTAL DUE VENDOR --------) 730.00 Leonard, Joyce LeonardJ 01-4553-4100 3 61219B 12/13 12/15 T&TMtg-11/09/95 40.00 TOTAL DUE VENDOR --------) 40.00 Lewis Engraving Inc. LewisEngra *001-4095-2352 6 61219D 01/3736 12/13 12/19 019977 Gavel-Papen/SuggestionBox 185.00 #001-40915-2352 8 61219D 01/3383A 12/13 12/19 019977 TileEngrvSvcs-468 35.62 TOTAL DUE VENDOR --------> 220.68 Leyva, Irene 1787 *001-3478 22 61219B 12/13 12/15 16261 Recreation Refund 15.00 TOTAL DUE VENDOR --------) 15.00 Liao, Andy 1780 }001-3473 23 612196 12/13 12/15 16087 Recreation Refund 60.00 TOTAL DUE VENDOR --------) 60.00 # Citt of Diamond Aar k** RUN TIME: O8:53 12j 95 V O U C H E R R E G 1 5 T E R PAGE 11 DUE THRU .............12/19/95 VENDOR NAME VENDOR ID. + # PREPAID ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ HATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHEEK Lohan, Charles LohanC +001-3473 12 61219F 12/13 12/1' CR --057 EacurRef-CitrusCallege 48.00 TOTAL DUE VENDOR --------) 48.00 Lomita, City of Lomita *001-4010-2325 ? 61219A 12/12 12/19 Retire Dinner 12/2-Ansari 35.00 12/1'x,''-5 00(x7(125608 TOTAL PREPAID AMOUNT ----) 35.00 TOTAL DUE VENDOR --------) 0.00 Los Angeles County LACIn:Svc *001-4090-2130 4 61219D 01/3304 12/13 12119 349 PagerSvcs-Oct1995 125.66 TOTAL DUE VENDOR --------) 125.66 Lyssy, Lola 1788 *001-3478 24 612198 12/13 12/15 16273 Recreation Refund 15.00 TOTAL DUE VENDOR --------) 15.00 Mariposa Horticultural Mariposa *138-4538-5500 2 61219D 01/3142 12/13 12/19 8547 Ma:nt-Dist38-Nov1995 3,200.0 TOTAL DUE VENDOR --------) 3,20.0 Mastrobuona, Dottie Mastrobuon *001-3473 14 61219F 12/13 12/19 CR 24257 EacurRef-CitrusCollege 12.00 TOTAL DUE VENDOR --------) 12.0 McGee, Josephine MCGeeJ *001-3473 24 61219E 12/13 12/19 CR 23661 EacurRef-CitrusCollege 112.00 TOTAL DUE VENDOR --------) 12.00 Mintzer, Leslie MintzerL *001-21300-1013 1 612190 12/13 12/19 CR2245:, Temp Sign Deposit Refund 100.0 TOTAL DUE VENDOR --------) 100.00 National Info. Data Centr NationInfo *071-4210-2320 1 61219D 12/13 12/19 ZipCode&PostOfficeDir 36.90 TOTAL DUE VENDOR --------) 36.90 * City of Diamond Bar RUN 71ME: 301:53 1=114/95 V O U C H E R R E G I S T E R F:.GE 12 DUE THRU .............12/19/5 VENDOR NAME VENDOR ID. x PREF=,II � # ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NO. ENTRY;DUE INVOICE IESCRIPTION AMOUNT DATE CH[la 1iextel Communications Nextel *01'14440-21130 2 h1219O 011`336.5 12,'1.- 12/1'? 81-173 TwoWayRadio5vc-Ncv95 169'.57 TOTAL DUE VENDOR --------) 169.57 OCE Reprographics OCBReprogr *250-4310-6415 06596 21 61219D 01/3511A 12/13 12%19 196120 PanteraParkDvlmpmnt 5,3.38 -x250-4310-6415 066Q6 17 61219D '71/3512 12/13 12/1Q 2406:34 MaplHill-OverniteXpress 20.50 *250-4310-6415 06596 19 612190 01/3511A 12/13 12/19 251798 PanteraParkDvlmpmnt -K.13 TOTAL DUE VENDOR --------! 106.51 Office Depot OfficeDepo *101-4510-1200 1 612190 19/3367A 12/13 12/19 015858162 OfficeSupplies-PW 13.42 *001-4510-1200 2 612191) 20/3367A 12/13 12/19 015878846 OfficeSupplies-PW 18.79 *001-4040-1200 2 61219D 24/3367A 12/13 12/19 015902152 OfficeSupplies-CClk 32.42 *001-4510-1200 3 61219D 21/3367A 12/13 12/19 015910407 OfficeSupplies-PW 44.27 *001-4310-120!) 13 612191) 22/3:367A 1;/13 12/19 015910907 Office5upplies-CS 79.4 *001-4040-1200 3 612190 25/3367A 12/13 12/19 015911159 OfficeSupplies-CClk 66.01 *001-4030-1200 2 61219D 23/3367A 12/13 12/19 015911214 Office5upplies-CM 44.29 *001-4040-1200 4 61219D 2613367A 12/13 12/19 015931353 OfficeSupplies-CClk 11.75 TOTAL DUE VENDOR --------) 310.49 Ortiz, Tom OrtizTom *001-4553-4100 1 612190 12/13 12/15 T&TMtg-11/09/95 40.00 TOTAL DUE VENDOR --------) 40.00 PERS Health Benefits PERSHealth #001-2110-1003 2 61219A 12/12 12/19 Dec Health Ins Prems 9,353.05 12/19/95 NX - *001 -4490-0093 1 61219A 12/12 12/19 Dec -Admin Fee 49.04 i2/19/Q5 r�il`.o2G TOTAL PREPAID AMOUNT ----) 10,002.09 TOTAL DUE VENDOR --------) 0.00 Parker, Barbara ParkerB *001-3413 15 61219F 12/13 12/19 CR 24254 ExcurRef-CitrusCollege 36.00 TOTAL DUE VENDOR --------) :6.00 Parks, Cindy 17:'9 *001-3478 25 612198 12/13 12/15 15974 Recreation Refund 15.00 TOTAL DUE VEND', --------) 15.00 City of Diamond Dar # h!JN TIME: 08:53 12/14/-5 V 0 J C 4 E ^n F E G 1 5 T E R ;AGE 13 DUE THRU .............12/19/i5 VENDOR NAME VENIOR I0. PREF�1D ACCOUNT PROJ.TX-NO ------------------------------------------------------------------------------------------------------------------------------------ BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMDUNT DATE CHECY Payroll Transfer PayrollTr 06I-1020 2 61219A 12/12 1'2111'= Payroll Transfer PP24 54,5(a„�Ot) 12/19/--5 O)C)oN:40024 TOTAL PREPAID AMOUNT ----) 54,5W.00 TOTAL DUE VENDOR --------1 O.00 Pender, Barbara PenderB *001-3473 16 6121QF 12/13 Cr” '! 54 EKcurRef-CitrusCollege 36.00 TOTAL DUE VENDOR --------1 36.00 Perez, Lorretta 1792 *001-3478 26 612198 12/13 12/15 16067 Recreation Refund 10.00 TOTAL DUE VENDOR --------) 10.00 Perez, Sarita PerezS *001-3476 1 61219E 12/13 12/19 CR 24430 TinyTDtRefund-Megan 701.00 *001-3476 2 61219F 12/13 12/19 CR 24480 TinyTotRefund-Ashton 99.00 TOTAL DUE VENDOR --------) 172.1x) Pitney Bowes PitneyBowe #001-4090-2130 6 612190 02/:3167 12/13 12/19 1444744RI95 Rent/LeaseFoldEquip 'x9.59 TOTAL DUE VENDOR --------) 99.59 Pomona Valley Humane Soc. PVHS +001-4431-5403 2 61219D 01/3356 12/13 12/19 9500425(008 AnimalCtrlSvc-Dec95 4,959.17 TOTAL DUE VENDOR --------) 4,959.17 Preston, Bob PrestonB ¢001-3473 17 61219F 12/1.3 12/19 CR 23672 ExcurREf-CitrusCallege 24.00 TOTAL DUE VENDOR --------) 24.00 Project Sister ProjSister *125-4215-2355 4 61219D 01/3197 12/13 12/19 1 CDBG-SelfProtClass 250.00 TOTAL 'DUE VENDOR --------1 250.00 Prudential Service Bureau PSBI *001-2110-1004 1 61219A 12/12 12/19 Dec -Dental Prems 1,291.72 12/19/" *401-2110-1006 1 61219A 12/12 12/19 Dec -Vision Prems 501.50 12/19/95 'XOX)Z 6617 TOTAL PREPAID AMOUNT ----) 1,793.22 TOTAL DUE VENDOR --------) 0.00 iak City o; D1amona Bar * * * RUN TIME: 08:53 12/14/95 V O U C H E R R E G I S T E R FAGE 14 DUE THRU.............12;1�/'�` VENDOR NAME VENDOR ID. * PREPAID a ACCOUNT PRQJ.TX-NO PATCH PO.LINE/'410. ENTRY/DUE INVOICE DESCRIPTION AMO!JNT DATE CHE:I ------------------------------------------------------------------------------------------------------------------------------------ P,_,blic Empl Retirement PERS *001-2110-1[g)8 3 61219A x001-2110-1008 4 6121'>A *001-2110-1008 5 61219A *001-�i10-100"a 5 61219A *o01-2110-1008 7 61219A *1101-2110-1v0t S 6 121 9A 12/12 12/19 PP -24 Retire Contrib-Emplr 12/12 12/19 PF24 Retire Contrib-Emple 12/12 12/19 Qct-Mntmgry Add"l Contrib 14/12 i2/19 Nov-Mntmgry Contrib 12/12 12/19 Nov-RedepstMontgory 12/12 121119 Nov-RedepstMontgmry *250-4310-6415 08296 25 TOTAL PREPAID AMOUNT ---- 12/13 12/19 TOTAL Did VENDOR -------- R RJM Design 12!19 RJMDesign 12/14 12/19 Gen Govt Legal Svcs -Oct *001-4331-6250 2 61219E 04/C2831 12/13 12/la 11505 *250-4310-6415 08196 23 61219E Ol/C2831 12/13 12/19 11505 *250-4310-6415 08296 25 61219E 02/C28a31 12/13 12/19 11505 *250-4310-6415 08496 27 61219E 03/C2831 12/13 12/19 11505 Richards Watson & Gershon RichardsWa *0011-2300-1010 27 612190 *001-4020-4020 1 612196 07/3334A *001-4040,-2390 5 61219G 09/3334A *001-4210-5213 1 61219G 11/3334A *250-4310-6415 066,6 28 612190 10/33:34A *250-4510-6411 01496 3 61219G 08/3334A Robinson, Gwen 1783 *001-3472 4 612198 SycirCynFencing CIP-HrtgePrk-BBCourt CIP-SycCynPilings CIP-StrshnePicncTabl TOTAL DUE VENDOR 12/14 12!19 FPL 95-37Lgi Svcs -Oct 12/14 12/19 Gen Govt Legal Svcs -Oct 12/14 12/19 Election Lgl Svcs -Oct 12/14 12/19 Code Enf Lgl Svcs -Oct 12/14 12/19 Maplehilll.gl Svcs -Oct 12/14 12/19 Slurry Seal Lgl5vcs-Oct #001-4551-5223 18 TOTAL DUE VENDOR -------- 12/13 12/15 16040 RonKranzer!kAssoc C.E. Inc RKA 12/19j95 o000025619 146.69 12/19/95 (u)000256I'4 *(K-1-4551-5223 14 61219E 01/2867 12/13 12/19 3980 *001-4551-5223 16 61219E 01/C2911 12/13 12/19 3980 #001-4551-5223 18 61219E 01/C2988 12/13 12/19 3980 *001-4551-5223 20 61219E 01/3417 12/13 12/19 3980 *001-4551-5223 22 61219E 01/3637 12/13 12/19 3980 S.C.M.A.F. SCMAF *001-4310-2315 1 61219E 12/11 12/19 2513 Recreation Refund TOTAL DUE VENDOR --------} PlanChkSvcs-2210(]Rimfire PlanChk5vcs-2354OMirage PlanChk.Svcs-2839Bentley PlanChkSvcs-22123Steeplec P1anChkSvcs-2828Bentley TOTAL DUE VENDOR MemberOues-1996-Rose TOTAL DUE VENDOR -------- 3,3139.2.7 11./19/9; (AI(102561 + 3,007.71 12/19j95 o000025619 146.69 12/19/95 (u)000256I'4 396.05 12/19/95 0000 2'56IQ .386.20 12/19/'35 00000-'5619 97.57 12/19/95 000002`-t�lQ 1r 373.49 0. 00 1'x 120 96.00 *K..00 12.80 160.00 37.50 2,379.99 50. (x) 12.50 327.50 12.50 M2 199 22.00 22.00 11.50 38.98 42.00 933. 75) 110.25 1,3.37.48 25.00 25.00 *4+ City of Diamond Aar ++* RUN TIME: 08:5.3 12/14/95 V 0 U C H E R R E G I S T E R PAGE 15 DUE THRU.............12/1'x;95 VENDOR NAME VENDOR ID. PREPAID # ACCOUNT PROJ.TX-NO HATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION A^OIJNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Sar• Gabriel Vly Tribune SG4'Tribune +001-231x3-1010 Z.3 61215E 12/13 12/1a 30321 LegalAd-FPL95-49 47.0' +001-2300-1010 24 61219E 12-13 12,ilQ 30321 LegalAd-FPL 5 -52 - 4.09 25%*OUI-2300-1010 � 61219E 12;13 12/19 30:321 Legal Ad-FFL95-5' 47.0' *601-2100-1010 26 6121'QE 12,13 12%19 30221 LegalAd-FPL'a5-54 47,13 TOTAL DUE VENDOR --------) 188.:17 Schae+er, Mary 5chaeferM +001-3473 13 61219F 12/13 12/19 CR 23665 EicurRef-CitrusCollege 12.00 TOTAL DUE VENDOR --------) 121.-0 Simonian, Anna 1'" 4 +O01-3478 27 61219A 12/13 12/15 16,818 Recreation Refund 37.00 TOTAL DUE VENDOR --------) 37.00 Skinner, Connie SkinnerC +001-3473 19 61219E 12/13 12/19 CR 24261 ExcurRef-CitrusCollege 24.00 TOTAL DUE VENDOR --------) 24.00 Smart & Final Smart&Finl +001-4350-1200 4 61219E 02/3268 12/13 12/19 2145217 RecreationSupplies 32.47 *125-4215-1200 2 61219E 01/3443 12/13 12/19 2145217 Supplies-SnrKickoff 4.99 *001-4314-2210 4 61219E 01/3268 12/13 12/19 3239217 Maint-HrtgPrkComCtr 15.14 *001-4350-1200 2 61219E 02/3268 12/13 12/19 3243508 Tiny Tots Supplies 89.54 TOTAL DUE VENDOR --------) 142.14 So Ca Assoc. of Code SCACEO *001-4210-2:325 1 61219E 12/13 12/19 Seminar -Flores -12/14/95 30.00 12/12/x'5 (J00 iU25c.2? TOTAL PREPAID AMOUNT ----) 30.00 TOTAL DUE VENDOR --------) 0.00 Southern Ca. Edison SoCaEdison *138-4538-2126 2 61219E 12/13 12/19 ElecSvc-LLAD4:�3 15.95 TOTAL DUE VENDOR --------) 15.95 Southern Ca. Edison SoCa£dison *001-4510-2126 1 61219E 12/13 12/19 ElecSvc-TrafficControl 201.29 TOTAL DUE VENDOR --------) 201.29 +4+ City of D i a m a n d Har +++ RUN TIME: 08:53 12/14/95 V 0 d H E R R E G I S T E R PAGE 16 DUE THRU.............12/19/95 VENDOR NAME VENDOR ID. PREPAID # # ACCOUNT PRGJ.TX-NO BATCH PO.LINE/ND. ENTRY/ -UE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Southern Ca. Edison SoCaEdison *001-4514-2126 2 61219E +139-4539-2126 2 61219E Southern Ca. Edison SoCaEdison *001-4510-21126 , 61219E +141-4541-2126 1 61219E Southern Ca. Edison SoCaEdison +001-4514-2126 4 61219E 12/13 12/11+ ElecSvc-TrafficControl 2?7.44 12/13 12/19 ElecSvc-LLAD#39 275.h7 TOTAL DLE VENDOR --------} 51'.11 12/1: 121,19 ElecSvc-TrafficControl 417.08 12/1-3 12/19 ElecSvc-LLAD#41 143.12 TOTAL DUE VENDOR --------i 564.20 121113 12/19 Southern Ca. Edison SoCaEdison ElecSvc-TrafficControl 894.36 +041-4325-2126 1 61219E 12/13 12/19 +001-4510-2126 5 61219E 12/13 12,''1'Z +138-4538-2126 7 61219E 12/13 12/19 +139-4539-2126 3 61219E 12/13 12/19 +141-4541-2126 2 61219E 12/13 12/19 Southern Ca. Edison SoCaEdison +041-4311-2126 2 61219E +001-4313-2126 3 61219E +401-4316-2126 2 61219E +001-4319-2126 1 61219E +(N'1 -43Z2-2126 1 61219E 4001-4328-2126 1 61219E 001-4331-2126 1 61219E Staples Staples +001-4090-1200 7 61219E 01/3767 Studts, Marvin StudtsM +401-3473 20 61219F 12/13 12/19 12/13 12/19 12/13 12/19 12/13 12/19 12/13 12/19 12/13 12/19 12/13 12/19 ElecSvc-TrafficSignais 2,648.37 TOTAL DILE VENDOR --------) 2,648.87 ElecSvc-StarshinePk 15.52 ElecSvc-TrafficControl 894.36 ElecSvc-LLAD#38 364.71 ElecSvc-LLAD#39 16.96 ElecSvc-LLAD#41 14.85 TOTAL DUE VENDOR --------) 1,306.44 ElecSvc-PauiCGrowPk 22.03 ElecSvc-HeritagePk 1,194.90 ElecSvc-MapleHiliPk 312.77 ElecSvc-PetersonPk 68.9:3 ElecSvc-RonReaganPk 596.16 ElecSvc-SummitridgePk 194.:3.3 ElecSvc-SycamoreCynPk 409.98 TOTAL DUE VENDOR --------) 2,799.10 12/13 12/19 7090/85 Copy Paper -11117 48.66 TOTAL DUE VENDOR --------) 45.66 12/13 12/19 CR 24262 ExcurRef-CitrusCollege 24.ffj TOTAL DUE VENDOR --------) 24.00 144 C 1 t y c D:an3nd Ear +# RUN TIME: 08:53 12314/95 V 0 U C H E R R E G I S T E R FAGE 17 DUE THRU .............12/19/�5 VENDOR NAME VENDOR ID. + PREPAID +� ACCOUNT PROJ.TX-NO BATCH FO.LINE/N0. ------------------------------------------------------------------------------------------------------------------------------------ EN'RY/DuE TNV'OTL'E DESCRIPTION AMOUNT DATE CHECY Su, Ingchyn 1779 *001-3473 28 61219B 12/13 12/15 16371 Recreation Refund 55.00 TOTAL DUE VENDOR --------) 55.00 Surrah, Patricia 1781 *a'1-3472 5 61219B 12/13 12/15 15961 Recreation Refund 44.00 TOTAL DUE VENDOR --------) 44.00 U.S. Postmaster USPostmstr *001-4095-2120 1 61219E 12/13 12/19 PostDep-Winter Newsletter 2,000.00 TOTAL DUE VENDOR --------) 2,000.00 VirgiI's Mobil Service Virgils #001-4090-2310 26 61219E 01/31439 12/13 12/1'3 44467 Fuel -Gen Govt 8.83 #001-4090-2310 24 61219E 01134:39 12/13 12/19 K0549603 Fuel -Gen Govt 10.00 *001-4310-2510 2 61219E 02/3439 12/13 12/19 K7100586 Fuel-Prk & Rec 9.90 *001-4090-2310 22 61219E 01/3439 12/13 12/19 K7100634 Fuel -Gen Govt 1.01 TOTAL DUE VENDOR --------) 33.74 Virginkar, Arun Virginkar *001-4553-4100 4 612196 12/13 12/15 T&TMtg-11/09/95 40.00 TOTAL DUE VENDOR --------) 40.00 Wainut Vly Water Dist WVWaterDis 001-4319-2126 2 61219E 12/13 12119 WaterUse-Peterson 2,450.85 *001-4328-2126 2 612119E 12/13 12/19 WaterUse-Summitridge 2,795.84 #001-4331-2126 2 61219E 12/13 12/19 WaterUse-Sycamore 1,050.66 TOTAL DUE VENDOR --------) 6,297.35 Walnut 'Vly Water Dist WVWaterDis 41321-4538-2126 4 61219E 12/13 12/19 WaterUse-LLADIi38 6,6:32.60 TOTAL DUE VENDOR ---- ---> 6,682.60 Walnut Vly Water D1st WVWaterDis *139-4539-2126 4 61219E 12/13 12/19 WaterUse-1139 5,275.99 TOTAL DUE VENDOR --------) 5,275.99 Walnut Uly Water Dist WVWaterDis *138-4538-2126 5 61219E 12/13 12/19 8164 ReclaimWtrUse-#38 277.97 TOTAL DUE VENDOR --------) 277.97 C : t / of Diamond Sar i RUN TIME: 08:53 12/141'.'5 V 0 U C H E R R E G I S T E R PAGE 18 DUE THRU.............12/1'x/'45 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PROJ.TX-NO SATCH PO.LINE/N0. E!. RYiDUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------ Walsh, George & Mary Jo WalshG *001-3473 26 61219E Walter, Elizabeth WalterE *001-341.3 21 6121?F Zagurski, Stacy 1778 *001-3473 29 612198 Zalewski, Henrietta ZalewskiH *001-3.47.'• 22 6121W Zuppardo, Jean ZuppardoJ *001-3473 23 61219* 12/2 121119 ExcurRefund-CitrusCollege 24.i1U TOTAL DUE 'VENDOR --------! 24.00 12/1_S 12/19 CR 23615 ExcurRef-CitrusCollege 36.00 TOTAL DUE VENDOR --------! 36.Os 1'2/13 12/15 16471 Recreation Refund 15.00 TOTAL DUE VENDOR --------} 15.00 12/1.3 12/F CR 2365'9 ExcurRef-CitrusCollege 48.00 TOTAL DUE VENDOR --------! 45.00 12/13 12/19 CR 23663 ExcurRef-CitrusCollege 12.00 TOTAL DUE VENDOR --------) 12.«0 TOTAL PREPAID -----------) 81,751.$2 TOTAL DUE ---------------! 215,Oo7.81 TOTAL. REPORT ------------! 2'96,759.63 City of Diamond Ear + RUN TIME: 08:53 12/14/95 V O U C H E R R E G I S T E R PAGE I FUND SUMMARY REPORT DUE THRU.............12/19/95 DISBURSE GiL GJE WILL POST GJE HAS POSTED FUTURE TRY.ZACTIGNS FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE REVENUE EXPENSE ------------------------------------------------------------------------------------------------------------------------------------ fi01 General Fund 250 C.I.P. Fund 112 Prop A -Transit F 125 CDBG Fund 115 Int Waste Mgmt F 11S Air Quality Imp 138 LLAD #:8 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 205,113.70 91,151.28 b1,677.61 9,164.21 2,910.07 405.07 1 6,25 10,569.53 < `96.92 136.27 1,258.00 113,704.42 61,677,x.1 4,164.21 �, a1ts.07 405.07 10,569.53 c cn,t 9` 18b.:7 TOTAL------------------------------------------------------------------------------------------------ ALL FUNDS 296,759.63 91,151.2-8 1,258.00 204,350.35 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7 TO: Terrence L. Belanger, City Manager MEETING DATE: December 19, 1995 REPORT DATE: December 14, 1995 FROM: Linda G. Magnuson, Accounting Manager TITLE: Treasurer's Report - October 31, 1995 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of October 1995. According to the City's formally adopted investment policy, the City Council is also being provided the October 31, 1995, State of California Pooled Money Investment Account market valuation. The City funds which are invested with LAIF are included within this account. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification Bid Spec. (on file in City Clerk's Office) _ Other 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Terrance L. e ng er F ank M Usi i Y/ City Manage Assistant City Manager Yes_ No Yes X No Yes X No Yes X No AnG ✓"Mg son Accounting Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 19, 1995 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - October 31, 1995 ISSUE STATEMENT: Per City policy, the Finance department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the October, 1995 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for Council's review and approval is the Treasurer's Statement for the month of October, 1995. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. According to the City's formally adopted investment policy, the City Council is also being provided the October 31, 1995, State of California Pooled Money Investment Account market valuation. The City funds which are invested with LAIF are included within this account. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT October 31, 1995 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $531,480.03 PAYROLL ACCOUNT 433.09 CHANGE FUND 175.00 PETTY CASH ACCOUNT 500.00 INVESTMENTS: TOTAL DEMAND DEPOSITS $532,588.12 TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT F 14,886,819.75 TOTAL INVESTMENTS 14,886,819.75 TOTAL CASH $15,419,407.87 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. L.A.I.F - Effective Yield for September, 1995 5.784% There are sufficient funds available to meet the next month's financial obligations of the City. SEMI NMING TRANSFERS ENDING ......VA.' ............ CEEf?T$......DISKMEMENT.........IN.IPU� BALANCE. GENERAL FUND $8,541,686.81 $736,480.60 $895,980.93 $8,382,186.48 LIBRARY SERVICES FUND 156,894.20 2,287.65 159,181.85 TRAFFIC SAFETY FUND 41,496.40 12,141.70 14,030.94 39,607.16 GAS TAX FUND 2,628,342.41 262,914.24 135,543.68 2,755,712.97 TRANSIT TX (PROP A) FD 1,111,622.42 181,074.94 39,995.43 1,252,701.93 TRANSIT TX (PROP C) FD 1,306,963.11 189,759.62 49,694.00 1,447,028.73 INTEGRATED WASTE MGT FD 62,506.79 25,159.97 7,315.21 80,351.55 AIR QUALITY IMPRVMNT FD 95,743.26 1,324.10 5,594.87 91,472.49 PARK FEES FUND 365,158.21 54,100.03 419,258.24 S PARKS GRANT (PRP A) FD (53,166.28) (53,166.28) COM DEV BLOCK GRANT FD (69,746.08) 10,155.24 (79,901.32) LANDSCAPE DIST #38 FD 15,226.44 1,288.96 28,477.32 (11,961.92) LANDSCAPE DIST #39 FD (16,664.47) 419.60 10,151.56 (26,396.43) LANDSCAPE DIST #41 FD 144,680.48 13,156.67 6,571.33 151,265.82 GRAND AV CONST FUND 181,607.58 155,640.00 177,258.30 159,989.28 TRAFFIC MITIGATION FUND (1,249.50) 1,249.50 0.00 CAP IMPROVEMENT PRJ FD 176,222.97 142,649.35 296,887.15 21,985.17 SB 821 FUND 142,204.43 2,073.46 144,277.89 SELF INSURANCE FUND 478,827.51 6,986.75 485,814.26 TOTALS $15,308,356.69 $1,788,707.14 $1,677,655.96 $0.00 $15,419,407.87 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $531,480.03 PAYROLL ACCOUNT 433.09 CHANGE FUND 175.00 PETTY CASH ACCOUNT 500.00 INVESTMENTS: TOTAL DEMAND DEPOSITS $532,588.12 TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT F 14,886,819.75 TOTAL INVESTMENTS 14,886,819.75 TOTAL CASH $15,419,407.87 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdrawal within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment policy. L.A.I.F - Effective Yield for September, 1995 5.784% There are sufficient funds available to meet the next month's financial obligations of the City. CITY OF DIAMOND BAR .ACENDA RFPnRT AGENDA NO. TO: Honorable Mayor and City Council MEETING DATE: December 19, 1995 REPORT DATE: December 14, 1995 FROM: Terrence L. Belanger, City Manager TITLE: Transmittal of Comprehensive Annual Financial Report and Final Audit Reports for year ended June 30, 1995. SUMMARY: The City's Finance Department in concert with the City's auditing firm of Conrad and Associates has prepared the Fiscal Year 1994-95 Comprehensive Annual Financial Report. This fiscal year, the City will be submitting its Comprehensive Annual Financial Report to the California Society of Municipal Finance Officers and to the Government Finance Officers Association certificate of excellence award programs. The accounting firm of Conrad and Associates has been retained as auditors for the City of Diamond Bar. In conjunction with this service, final audit reports for FY 94-95 have been prepared and are also being transmitted. During FY 94-95, the City received funds from the Federal Government via the Community Development Commission (Community Development Block Grant). As a result, additional audit reports were prepared and are being transmitted as required by the Single Audit Act. As indicated in the financial reports, the City finished the Fiscal Year in an extremely positive financial position. The General Fund fund equity increased from $6,883,762 to $8,178,014 during the year. The overall increase in fund equity for all governmental fund types was $1,173,666. RECOMMENDATION: Receive and file the Comprehensive Annual Financial Reprot and the Final Audit Reports fro FY 94-95 as prepared by the City Finance Department and Conrad and Associates. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) XX Other (FY 94-95 CAFR, FY 94-95 Audit Reports) _ Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes XX No 4. Has the report been reviewed by a Commission? _ Yes XX No Which Commission? S. Are other departments affected by the report? _ Yes XX No Report discussed with the following affected departments: RE WE;+BY. Terrence L. Belanger Frank M. Usher Linda G. Magn o City Manager Assistant City Manager Accounting Manager CO:vRAJ) l j ,� c S�CJ�tL 1��J, L.L.P. A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS City Council City of Diamond Bar Diamond Bar, California 91765-4177 Dear Members of the Council: CERTIFIED PUBLIC ACCOUNTANTS 1100 MAIN STREET, SUITE C IRVINE. CALIFORNIA 92714 (714) 474-2020 In planning and performing our audit of the financial statements of the City of Diamond Bar, California for the year ended June 30, 1995, we considered the City's internal control structure to determine our auditing procedures for the purpose of expressing an opinion on the financial statements and not to provide assurance on the internal control structure. However, during our audit, we became aware of certain matters that are opportunities for strengthening internal controls and operating efficiency. The items identified below summarize our comments and suggestions regarding those matters. A separate report dated September 1, 1995 contains our report on other conditions in the City's internal control structure. This letter does not effect our report dated September 1, 1995, on the financial statements of the City of Diamond Bar. INTERNAL CONTROL RECOMMENDATIONS (1) Restrictive Endorsement of Checks When the City receives checks through the mail, they are not restrictively endorsed immediately. Checks received either in the mail or over the counter should be immediately restrictively endorsed to prevent potential misappropriation. Recommendation We recommend that checks received in the mail or over the counter be immediately restrictively endorsed by the person receiving the check. Therefore, a restrictive endorsement stamp should be available in each area where cash receipts are being received. Management Response Regarding Corrective Action Planned The City has a decentralized cash receipts system. All checks received are made payable to the City of Diamond Bar. Most recreation fees and parking citations are collected and deposited directly by the receiving parties. These departments currently have endorsement stamps. The other departments which collect money will be provided endorsement stamps and instructions to endorse checks upon receipt. MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION City of Diamond Bar Page Two (2) Cost of Living Increases Cost of living increases (COLA) need to be documented in the personnel files of each employee. Recommendation We recommend that a copy of the resolution indicating the approved increase be inserted in each employee's personnel file in order to document current rates of pay for each employee. Management Response Regarding Corrective Action Planned This is a concern which has been previously addressed by City auditors. This fiscal year, staff followed up on the Cost of Living adjustments with Personnel Action Forms, which documented the salary increases and referred to the proper personnel resolution. The auditors recommend that a copy of the pertinent page of the salary schedule be highlighted and included within each affected staff member's personnel file. This would eliminate the need to create supplemental personnel action forms. This recommendation will increase efficiency and satisfy the COLA documentation requirements. This procedure will be implemented the next time there are changes in the salary schedule. (3) Maintenance of Personnel Files During our tests of internal controls, it was noted that the same person that prepares the payroll also maintains the personnel files. Sound internal control dictates that personnel and payroll functions should be segregated to prevent and detect errors and irregularities. Recommendation We recommend that someone other than the person that prepares the payroll be responsible for the personnel function. The person preparing the payroll should not have access or be able to change the master files. Management Response Regarding Corrective Action Planned The City Manager's department will be assuming the personnel function within the near future. The payroll function will remain within the Finance Department. This report is intended solely for the use of management and the members of the City Council. We have not reviewed the internal control structure since September 1, 1995, the date of our Auditor's report. However, this report is a matter of public record and its distribution is not limited. November 29, 1995 city or diomond bor colirornio yoor ended juno 30, 1 995 CITY OF DIAMOND BAR Diamond Bar, California Comprehensive Annual Financial Report Year ended June 30, 1995 Prepared by FINANCE DEPARTMENT CITY OF DIAMOND BAR Comprehensive Annual Financial Report Year ended June 30, 1995 TABLE OF CONTENTS Exhibit Page INTRODUCTORY SECTION: Table of Contents i Letter of Transmittal v Officials of the City of Diamond Bar xiv Organization Chart xv FINANCIAL SECTION: Independent Auditor's Report 1 General Purpose Financial Statements: • Combined Balance Sheet - All Fund Types and Account Groups AA 2 • Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types BB 5 • Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types CC 6 • Combined Statement of Revenues, Expenses and Changes in Retained Earnings - Proprietary Fund Type DD 8 • Combined Statement of Cash Flows - Proprietary Fund Type EE 9 • Notes to Financial Statements 11 Supplemental Data: General Fund: • Comparative Balance Sheet A-1 28 • Comparative Statement of Revenues, Expenditures and Changes in Fund Balances A-2 29 • Revenue Detail - Budget and Actual A-3 30 • Expenditure Detail - Budget and Actual A-4 31 -i- CITY OF DIAMOND BAR Comprehensive Annual Financial Report (Continued) TABLE OF CONTENTS (CONTINUED) Exhibit Page Special Revenue Funds: • Combining Balance Sheet B-1 34 • Combining Statement of Revenues, Expenditures and 36 Changes in Fund Balances B-2 • Traffic Safety Fund: Statement of Revenues, Expenditures and Changes B-3 38 in Fund Balances - Budget and Actual • State Gas Tax Fund: Statement of Revenues, Expenditures and Changes B-4 39 in Fund Balances - Budget and Actual • Proposition A Transit Fund: Statement of Revenues, Expenditures and Changes 40 in Fund Balances - Budget and Actual B-5 • Proposition C Transit Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-6 41 • Solid Waste Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-7 42 • Air Quality Improvement Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-8 43 • Park Fees Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-9 44 CITY OF DIAMOND BAR Comprehensive Annual Financial Report (Continued) TABLE OF CONTENTS, (CONTINUED) Exhibit Page • Proposition A Safe Parks Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-10 45 • Community Development Block Grant Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-11 46 • Landscape Maintenance Districts Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-12 47 • AB 821 Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-13 48 Capital Projects Funds: • Combining Balance Sheet C-1 50 • Combining Statement of Revenues, Expenditures and Changes in Fund Balances C-2 51 • Grand Avenue Capital Project Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual C-3 52 • Traffic Mitigation Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual C-4 53 • Capital Improvement Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual C-5 54 CITY OF DIAMOND BAR Comprehensive Annual Financial Report (Continued) TABLE OF CONTENTS. (CONTINUED) Exhibit Paee Agency Fund: • Statement of Changes in Assets and Liabilities D-1 56 General Fixed Assets Account Group: • Comparative Schedule of General Fixed Assets - by Source E-1 58 • Schedule of General Fixed Assets - by Function and Activity E-2 59 Table No. STATISTICAL SECTION: General Governmental Expenditures by Function 1 61 General Govenrmental Revenues by Source 2 62 Secured Property Tax Levies and Collections 3 63 Assessed Value of Secured and Unsecured Property 4 64 Property Tax Rates - All Direct and Overlapping Governments 5 65 Principal Taxpayers 6 66 Computation of Legal Debt Margin 7 67 Computation of Direct and Overlapping Debt 8 68 Schedule of Insurance in Force 9 69 Demographic and Miscellaneous Statistical Information 10 70 Residential and Commercial Construction 11 71 Ratio - Unreserved General Fund Balance to Annual General Fund Expenditures 12 72 Schedule of Credits 13 73 -iv- December 4, 1995 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861-3117 Honorable Mayor and Members of the City Council City of Diamond Bar Diamond Bar, California It is a pleasure to submit the Comprehensive Annual Financial Report of the City of Diamond Bar for the Fiscal Year ended June 30, 1995. Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the City. We believe the data presented is accurate in all material aspects; that it is presented in a manner designed to fairly set forth the financial position and results of operations of the City as measured by the financial activity of its various funds and account groups; and that all disclosures necessary to enable the reader to gain a full understanding of the City's financial affairs have been included. The Comprehensive Annual Financial Report is presented in three sections; introductory, financial and statistical. The introductory section includes this transmittal letter, the City's organizational chart and a list of principle officials. The financial section includes general purpose financial statements and schedules, the independent auditor's report, and the notes to the financial statements. The statistical section includes selected financial and demographic information on a multi-year basis. In addition to the financial audit, the City is legally required to also conduct an annual single audit in conformity with the provisions of the Single Audit Act of 1984 and the US Office of Management and Budget Circular A-128, Audits of State and Local Governments. Information related to this single audit, including the schedule of federal financial assistance, findings and recommendations, and auditor's reports on the internal control structure and compliance with applicable laws and regulations, are not included with this report and are issued as a separate document. Recyded paper I _v REPORTING ENTITY AND ITS SERVICES This Comprehensive Annual Financial Report includes all funds and account groups of the City. The City directly provides a limited range of services and contracts for several other services. The City's significant reliance on contracted services has the benefit of reducing expenses to the citizens of the City of Diamond Bar while simultaneously providing the City with a high degree of flexibility in responding to changing economic conditions. Contracted services include police protection, building and safety, street _ maintenance, recreation services, park maintenance, capital improvement projects, animal control, attorney services and engineering. Staff provided services include customer service, community development (which includes planning, building and safety _ management, and code enforcement), public works (which includes engineering, capital projects administration, street maintenance contract management, traffic and transportation.matters, engineering contract management, and subsidized transit ticket sales), community services (which includes senior services, park maintenance, recreation contract management and landscape maintenance), economic development, community relations, grant administration, financial management and administrative management. All of these activities are included in this report. Fire protection is provided by the Los Angeles County Fire District which is independent of the City. Funds are collected through property tax bills and are disbursed directly to the Los Angeles County Fire District by the Los Angeles County Tax Collector's Office. Water services for the City are provided by the Walnut Valley Water District. Refuse collection is provided by private waste collection companies. Additionally, schools are provided by both the Walnut Valley Unified School District and the Pomona Unified School District. Accordingly, none of these activities are included in this report. ECONOMIC CONDITION AND OUTLOOK Located at the junction of the 57 and 60 freeways, the City of Diamond Bar is at the hub of the Los Angeles basin transportation network. A twenty-five mile radius encompasses Pasadena, downtown Los Angeles, Long Beach, Irvine and Riverside. Diamond Bar is a relatively young residential community of about 56,000, situated among the meandering hills and valleys of Brea Canyon. Many desired services can be found in Diamond Bar's shopping and business centers. Recreational opportunities within the City include more than 80 acres of park facilities and an 18 hole public golf course. During the past few years, the City of Diamond Bar has been affected as have many other areas of southern California by a general down turn in the economy. This past year the economy has seen a slight rebound. This has been reflected in Diamond Bar, in the building and sales of exclusive, upscale single-family homes. As the economy continues to improve, it is anticipated that vacancies which exist in commercial areas should be significantly reduced through business retention and attraction activities. -vi- To help the City capitalize on the rebounding economy, the City's newly adopted General Plan requires the creation of an Economic Development Strategic Plan. This plan will concentrate on a variety of methods to enhance the City's revenue base. MAJOR INITIATIVES For the Year. In the FY94-95 budget, the City of Diamond Bar identified several major programs and projects necessary to meet increased service levels and to prepare the City for the future requirements of its residents. The following is a list of the significant activities which were accomplished this fiscal year. The largest project completed this year was the reconstruction and rehabilitation of Diamond Bar Boulevard which is one of the major thoroughfares in the City . The _ section improved was an approximate two mile stretch from Brea Canyon Road to Grand Avenue. The project was unique because it took an environmental approach by using recycled old pavement for the road base and recycled rubber and asphalt for the surface. The Golden Springs Drive Landscape Medians Project was completed this year. New. - medians were installed from the westerly city limits to Lemon Avenue. As part of the City's plan for a uniform entry theme, the medians were constructed and landscaped to match median work which has been previously installed on other portions of Golden - Springs Drive. Transportation and traffic have been major sources of concern for the City. This year the City implemented two programs in an effort to address these concerns and to serve its citizens. The first program implemented by the City Council was the transit subsidy program. This program offer's a 20% to 50% discount to citizens on transit passes for Foothill Transit, Metrolink, and the MTA. The other extremely popular program implemented by the City is the Dial -a -Cab program which offers senior and handicapped citizens taxicab transportation at a nominal rate. Both of these programs have been funded by Proposition A Transit Funds. The City has implemented an ongoing traffic signal program, which is designed to place signals at several warranted locations throughout the community. Traffic signals installed this year include Diamond Bar Boulevard at the intersections of Fountain Springs and Shadow Canyon, and Golden Springs at the intersections of Prospectors, Golden Prados, & Carpio. Faced by funding cuts and decreased hours of operation at the Diamond Bar Los Angeles County Library Branch, the City Council voted to provide funding to the library in an effort to maintain service levels. The City funded two additional days of service per week and identified materials which were to be purchased and used specifically by the Diamond Bar branch of the County Library. For the Future - The accompanying financial statements reflect an excellent financial condition. This has been accomplished through a combination of sound leadership and management; and a conservative financial approach. Reserves have been built in anticipation of a funding loss which is anticipated to occur in FY97-98. The City has received State subventions based upon an incorporation population of 74,115. By law, starting in FY97-98, these subventions will be based on the actual population which is estimated to be 56,000. The estimated loss in the General Fund revenue could be as much as $800,000 and the loss in Gas Tax revenue could be as much as $300,000. While programs to retain, attract and assist businesses in existing commercial areas are beneficial, full occupancy in those commercial areas are not going to significantly expand revenue as compared to the projected revenue shortfall. Comparative revenue expansion, in the form of new retail commercial development is being seriously considered. It is anticipated that the revenue shortfall will be primarily closed through revenue expansion policies and not solely through service reduction policies. Fiscal Year 1995-96 budget has addressed the issue of economic development by allocating $100,000 to fund economic development activities, which would include a feasibility study of a potential redevelopment agency which may further increase economic growth opportunities within the City. FINANCIAL INFORMATION Internal Control Structures Management of the City is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse and to ensure that adequate accounting data is compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; (2) the valuation of costs and benefits requires estimates and judgements by management. Budgetary Controls The City maintains budgetary controls to ensure compliance with legal provisions embodied in the annual appropriated budget approved by the City Council. Activities of the General Fund, Special Revenue Funds, Capital Projects Funds and Internal Service Funds are included in the annual appropriated budget. The level of budgetary control (that is the level at which expenditures cannot legally exceed the appropriated amount) is established by function and activity within an individual fund. The City also maintains an encumbrance accounting system as on technique of budgetary control. Encumbered amounts lapse at year-end. However, some encumbrances may be reappropriated as a part of the following year's budget. As demonstrated by the statements and schedules included in the Financial section of this Report, the City meets its responsibility for sound financial management. Accounting System The City's accounting records for general government operations are maintained on a modified accrual basis. Accordingly, revenues are recognized when measurable and available, and expenditures are recognized when goods and services are received. Accounting for the City's internal service operations are maintained on the accrual basis. In addition, the City maintains a General Fixed Assets Account Group to account for fixed assets acquired by the City which are not a part of the internal service funds. The City also maintains a General Long Term Debt Account Group to record the City's long term debt obligations including accumulated employee vacation and sick time. General Government Functions - The following schedule presents a summary of general fund, special revenue funds, and capital projects funds, fund revenues for the fiscal year ended June 30, 1995 and the amount and percentage of increases or decreases in relation to prior year revenues. INCREASE PERCENT The largest revenue source for the City is intergovernmental revenue. This category increased this fiscal year primarily due to the exchange of Proposition A Transit funds with another city for general fund revenues. The funds received, $207,000, have been reserved or used in providing funding to the City's County Library branch. In addition, this fiscal year the City received $116,100 in State grant funds for the improvements made to Diamond Bar Boulevard. Interest revenues increased due to the general increase in the City's cash balances. At the end of FY93-94, the City's investable cash balances were $12,469,428 by the end of _ FY94-95, the balance had increased to $14,960,154. This is an increase of $2,490,726. PERCENT (DECREASE) INCREASE - REVENUES AMOUNT OF TOTAL FROM 1993-94 (DECREASE) Taxes $4,964,207 37.56% $(17,028) -0.34% Special Assessments 476,148 3.60% (22,882) -4.81% - Licenses, Permits & Fees 881,588 6.67% (74,247) -8.42% Intergovernmental 5,640,400 42.68% 131,354 2.33% Fines and Forfeitures 251824 1.92% 66.394 26.16% - Charges for Services 210,136 1.59% 130,521 62.11% Interest 732,693 5.54% 266,484 36.37% Other Revenue 56,399 0.43% 18,027 31.96% - TOTAL $13,215,395 100.00% $498.623 The largest revenue source for the City is intergovernmental revenue. This category increased this fiscal year primarily due to the exchange of Proposition A Transit funds with another city for general fund revenues. The funds received, $207,000, have been reserved or used in providing funding to the City's County Library branch. In addition, this fiscal year the City received $116,100 in State grant funds for the improvements made to Diamond Bar Boulevard. Interest revenues increased due to the general increase in the City's cash balances. At the end of FY93-94, the City's investable cash balances were $12,469,428 by the end of _ FY94-95, the balance had increased to $14,960,154. This is an increase of $2,490,726. FY94-95, the balance had increased to $14,960,154. This is an increase of $2,490,726. This in addition to higher investment yields contributed to this substantial increase in interest revenue. Fines and Forfeiture Revenue increased significantly due to a full year's implementation of the recovery of false alarm fees. Additionally, an increased enforcement of parking regulations and parking fine collection resulted in an increase in parking fine revenue of $39,647 or 82%. The decrease in Licenses, Permits, and Fees revenue during fiscal year 1994-1995 reflects the relatively flat economy of southern California. In fiscal year 1993-94, the City processed two multifamily residential development projects. These projects consisted of a 32 unit condominium complex and a 54 unit apartment/condominium conversion project. Building permits were issued in the latter part of fiscal year 1993-94 for both projects. The level of new single family residential activity has remained consistent for the past two years. Commercial and industrial development and permit activity has remained low. The condominium projects referenced during fiscal year 1993- 94 created a Building Permit revenue which was higher than normal. The following schedule presents a summary of general funds, special revenue funds, and capital projects funds expenditures for the fiscal year ended June 30, 1995 and the amount and percentage of increases and decreases in relation to prior years expenditures. Expenditures for the 1993-94 fiscal year were $11,766,249 as compared with $11,955,073 for the 1994-95 fiscal year, an increase of $188,824, or 1.6 percent. Included within the General Government category is the City Attorney contract services. During the previous fiscal years, the City had been involved in several lawsuits. Fiscal year 1993-94, saw the settlement and dismissal of most of the litigation to which the City had been a party. As a result, City Attorney costs in fiscal year 1994-95 were $132,500, a reduction of $272,500 from fiscal year 93-94. -x- INCREASE PERCENT PERCENT (DECREASE) INCREASE EXPENDITURES AMOUNT OF TOTAL FROM 1993-94 (_DECREASE) General Government $1,922,452 16.08% (533,604) -27.76% Public Safetv 4,099,515 34.29% 279,791 6.82% Highways and Streets 1,608,178 13.45% 1,608,178 100.00% Public Works 2,678,261 22.40% 367,948 13.74% Community Development 347,710 2.91% 347,710 100.00% Parks, Recreation & Culture 1,072,288 8.97% 95,331 8.89% Capital Outlay 117,889 .99% (1,520,520) -1289.79% Debt Service 108,780 0.91% (456,010) -419.20% TOTAL $11.955.073 100.00% 188&24 Expenditures for the 1993-94 fiscal year were $11,766,249 as compared with $11,955,073 for the 1994-95 fiscal year, an increase of $188,824, or 1.6 percent. Included within the General Government category is the City Attorney contract services. During the previous fiscal years, the City had been involved in several lawsuits. Fiscal year 1993-94, saw the settlement and dismissal of most of the litigation to which the City had been a party. As a result, City Attorney costs in fiscal year 1994-95 were $132,500, a reduction of $272,500 from fiscal year 93-94. -x- The City contracts with the Los Angeles County Sheriffs Department for police services. The rates for these contract services increased by 2.1% from FY93-94 to FY94-95. This accounts for most of the increase in Public Safety expenditures in FY94-95. This fiscal year the City implemented the Community Volunteer Patrol to supplement sheriffs department activities. A 10% increase in the cost of animal control services which are provided by the Pomona Valley Humane Society was another component of the increase in Public Safety increases in the year.. In fiscal year 1993-94, the City and the County of Los Angeles settled a property tax allocation lawsuit. Part of this lawsuit stated that the City should not pay for services rendered (in FY88-89) by the County. This was due to the fact that the County didn't remit revenues due the City for the same time period. The debt for the contract services was forgiven as a part of the lawsuit settlement. Since this was a one time reduction in the City's debt, this fiscal year's debt service requirement was much less. This fiscal year, the City made its third payment of $100,000 plus interest for the lease purchase agreement with the Walnut Valley Water District for land. Previously, the City had recorded all capital improvement projects within the Capital Outlay category. This fiscal year street and highway improvements have been segregated. This year the City completed one of its largest capital improvement projects to date. This was the rehabilitation of Diamond Bar Boulevard at a cost of $1,237,293. Fund Balances The General Fund ended the 1994-95 fiscal year with a fund balance of $8,178,014. This an increase of $1,294,252 or approximately an 18.8% increase from the balance at June 30, 1994. Of this, $309,666 is reserved for encumbrances, debt service and special programs. In addition, there is $156,894 designated for library service enhancement. -- This leaves an undesignated fund balance of $7,711,454. Agency Fund The agency fund accounts for assets held by the City as trustee or agent. The City presently has a deferred compensation fund which is set up to account for contributions for employee participation in an income deferral program. Cash Management The City invests temporarily idle funds in accordance with the Government Code and the investment policy approved by the City Council. During FY94-95, funds were invested in the Local Agency Investment Fund, which is administered by the State Treasurer's Office. The City manages all of its cash and investments on a pooled basis with the exception of the Deferred Compensation Funds which are managed by the appointed fiscal agents. Interest earnings are allocated to the various funds based on their share of -Xi- cash and investment balances. The average yield on investments managed by the City was 5.521/6. Defined Benefit Pension Plan The City has contracted with the California Public Employees Retirement System (PERS) to provide retirement, disability, death and survivor benefits for all eligible full and part-time City employees. The pension benefit obligation was computed as part of an actuarial valuation performed as of June 30, 1994. Neither an actuarial nor an annual update as of June 30, 1995 is available at this time. The total over -funded pension obligation applicable to the City employees was $190,116. The City's contribution to the system based on actuarially determined requirements was $161,644 for FY94-95. For the three years ended June 30, 1993, 1994 and 1995, the total contribution to PERS was 13.68%, 13.34%, and 13.31%, respectively, of the annual covered payroll. The total contribution paid by the City included employer contributions as well as member contribution for which the City is contractually obligated to pay on behalf of its employees. Debt Administration As of June 30, 1995, the City of Diamond Bar had no outstanding general obligation bonds. In July 1992, the City entered into a land lease purchase agreement with the Walnut Valley Water District. The term of the lease is four annual payments of $100,000 plus interest with the option to buy at the end of the lease for $1. During FY94-95, the third of the four payments was made. The total paid was $108,780 from General Fund Reserves. In fiscal year 1994-95, the City entered into a lease agreement for financing the acquisition of a telephone system in the amount of $22,356 to be paid in sixty monthly installments ending in March 2000. Risk Management The City of Diamond Bar is a member of the Southern California Joint Powers Insurance Authority (SCJPIA) for the purpose of pooling its general liability losses and claims with the approximately 78 other member cities. Each member city retains the first $20,000 of each claim. Claims above $20,000 are shared by all the member cities up to a maximum of $10, 000, 000 per occurrence. The City has also established a self insurance internal service fund to cover the City's share of any potential losses not covered by the SCJPIA. The City Council established a policy of annually transferring $100,000 to the fund to create a self-insurance reserve. When the reserve reaches $1,000,000, the reserves will be deemed to be sufficient. The self insurance reserve at June 30, 1995 was $649,314. Acknowledgements The preparation of this Comprehensive Annual Financial Report on a timely basis was made possible by the dedicated service of the City's Finance Department staff, and through the cooperation of the entire City staff. Each staff member has my sincere appreciation for the contributions made in the preparation of this Report. I would also like to thank our independent auditor, Conrad & Associates, for its expertise and advice in the preparation of the City's first Comprehensive Annual Financial Report. In closing, without the leadership and support of the City Council of the City of Diamond Bar, the preparation of this Report would not have been possible. Sincerely, Terrence L. Belanger City Manager OFFICIALS OF THE CITY OF DIAMOND BAR June 30, 1995 CITY COUNCIL Phyllis E. Papen, Mayor Gary H. Werner, Mayor Pro Tem Eileen R. Ansari, Councilmember Clair W. Harmony, Councilmember CITY OFFICIALS Terrence L. Belanger, City Manager Frank M. Usher, Assistant City Manager Michael Jenkins. City Attorney Lynda Burgess, City Clerk James DeStefano, Community Development Director Bob Rose, Community Services Director George A. Wentz, PublicWorks Director/City Engineer David G. Liu, Deputy Director of Public Works Linda G. Magnuson. Accounting Manager 49 > N r.r N N C v ^A c o u O> U ^cu u � C A U U) n u r • oN L C N_ to > U O U M y > 5 o m cn 49 > r.r N u C v ^A � o u O> U ^cu u CONR[ D CERTIFIED PUBLIC ACCOUNTANTS STREET, SUITE C `�NSSOCIA LS , L.L.P. 1IRVINE,ICALIFORN A 92714 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS (714) 474-2020 The Honorable Mayor and City Council City of Diamond Bar Diamond Bar, California Independent Auditors' Report We have audited the accompanying general purpose financial statements of the City of Diamond Bar, California as of and for the year ended June 30, 1995, as listed in the table of - contents. These general purpose financial statements are the responsibility of the management of the City of Diamond Bar, California. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards; Government Auditing Standards, issued by the Comptroller General of the United States; and the provisions of Office of Management and Budget Circular A-128, "Audits of State and -- Local Governments." Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts _ and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the aforementioned general purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of Diamond Bar, California as of June 30, 1995, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards issued by the Comptroller General of the United States, we have also issued a report dated September 1, 1995 on our consideration of the City's internal control structure and a report dated September 1, 1995 on its compliance with laws and regulations. Our audit was made for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The combining and individual fund financial statements listed in the table of contents are presented for purposes of additional analysis and are not a required part of the general purpose financial statements of the City of Diamond Bar, California. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements, and in our opinion, is fairly stated in all - material respects in relation to the general purpose financial statements taken as a whole. The scope of our audit did not include the supplemental statistical schedules listed in the table of contents and we do not express an opinion on them. September 1, 1995 .r i4S 4, 4-'. L. R -1- MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION CITY OF DIAMOND BAR Combined Balance Sheet - All Fund Types and Account Groups June 30, 1995 Proprietary Governmental Fund Types Fund Types Special Capital Internal General Revenue Projects Service Assets and other debits Assets: Cash and investments (note 2) $7,967,594 5,972,660 540,435 479,465 Accounts receivable 181,919 3,210 - - Interest receivable 217,738 - - - Due from other funds (note 9) 142,193 60,686 539,031 - Due from other governments 1,266,036 334,575 - - Prepaid expenses - - - 169,849 Fixed assets (note 3) - _ _ _ Other debits: Amount to be provided for retirement of general long-term debt - Total assets and other debits $9.775.480 6.371.131 79.466 49.314 Liabilities, equity and other credits Liabilities: Accounts payable $1,152,678 119,593 386,387 - Accrued expenses 62,922 3,298 310 - Retentions payable 6,659 2,098 161,031 - Deferred revenue 112,723 - - - Due to other funds (note 9) 10,991 729,694 1,225 - Deposits 251,493 - - _ Compensated absences payable (note 4) - Lease payable (notes 4 and 5) Deferred compensation payable (note 7) - - Total liabilities 1.597.466 854.683 548.953 Equity and other credits: Investment in general fixed assets - - _ _ Retained earnings: Reserved - - - 169,849 Unreserved - - - 479,465 Fund balances (note 6): Reserved for: Debt service 225,687 - - - Encumbrances 78,979 440,284 395,061 - Specific projects and programs 5,000 349,772 135,452 - Unreserved: Designated for: Specfic projects and programs 156,894 4,726,392 - - Undesignated 7.711.454 Total equity and other credits 8.178.014 5.516.448 530.513 649.314 Total liabilities, equity and other credits $9.775.480 .371.131 1.079.466 642,314 See accompanying notes to the financial statements. -2- -- Fiduciary Fund Type Account Groups General General AAgencv Fixed Asset Long -Term Debt 325,131 - - 4,084,540 - 225.687 325,131 4 4 225.687 Exhibit AA Totals (Memorandum Only) 1995 1994 15,285,285 12,703,441 185,129 133,514 217,738 135,950 741,910 150,118 1,600,611 2,326,958 169,849 163,416 4,084,540 4,007,664 225.687 289,384 - 1,658,658 1,239,661 _ _ - 66,530 106,977 _ - - 169,788 - - _ - 112,723 - - - - 741,910 150,118 _ _ - 251,493 105,129 - - 103,922 103,922 89,384 - - 121,765 121,765 200,000 325,131 - 325,131 234,013 325,131 - 225,687 3,551,920 2,125,282 - 4,084,540 - 4,084,540 4,007,664 _ _ - 169,849 575,732 _ _ - 479,465 - _ _ - 225,687 289,384 _ _ - 914,324 289,333 _ _ - 490,224 405,137 4,883,286 823,605 7.711,454 11,394,308 4,084,540 - 18,958,829 17,785,163 4.084.540 22.510.749 19.910,445 -3- Exhibit BE CITY OF DIAMOND BAR Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types Year ended June 30, 1995 - Totals Special Capital (Memorandum Only) General Revenue Projects 1995 1994 Revenues: Taxes $4,964,207 - - 4,964,207 4,981,235 Special assessments - 476,148 - 476,148 499,030 Licenses, permits and fees 748,198 74,190 59,200 881,588 955,835 Intergovernmental 2,859,755 2,664,545 116,100 5,640,400 5,509,046 Fines and forfeits 130,253 123,571 - 253,824 187,430 Charges for services - 210,136 - 21.0,136 79,615 Interest 393,439 330,109 9,145 732,693 466,209 Other revenue 51,000 5,399 56,399 38,372 Total revenues 9,146,852 3.884,098 184,445 13.215,395 12,716,772 Expenditures: General government 1,922,452 - - 1,922,452 2,456,056 - Public safety 4,099,515 - - 4,099,515 3,819,724 Highways and streets - 327,168 1,281,010 1,608,178 - Public works 1,123,633 701,265 853,363 2,678,261 2,310,313 Community development - 111,141 236,569 347,710 - Parks, recreation and culture 1,027,979 44,309 - 1,072,288 976,957 Capital outlay 67,884 8,712 41,293 117,889 1,638,409 - Debt service: Principal - - 100,000 100,000 550,000 Interest 8.780 8,780 14,790 Total expenditures 8.241.463 1.192.595 2,521,015 11.955.073 11.766.249 Excess (deficiency) of revenues over expenditures 905,389 2.691.503 (2,336,570) 1,260.322 950.523 -- Other financing sources (uses): Operating transfers in 750,186 10,992 2,332,488 3,093,666 1,520,722 Operating transfers out (383,679) (2,969,457) - (3,353,136) (1,668,117) Proceeds of capital lease 22,356 - - 22.356 - Total other financing sources (uses) 388,863 (2,958.465) 2,332.488 (237,114) (147.395) Excess (deficiency) of revenues over expenditures and other financing sources (uses) 1,294,252 (266,962) (4,082) 1,023,208 803,128 Fund balances at beginning _ of year 6,883,762 5,783.410 534,595 13,201,767 12,398,639 Fund balances at end of year $8.178.014 5.516.448 530.513 .224.975 13,20,767 See accompanying notes to the financial statements. -5- CITY OF DIAMOND BAR Combined Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual All Governmental Fund Types Year ended June 30, 1995 General Variance Favorable Budget Actual (Unfavorable) Revenues: Taxes $5,751,000 4,964,207 (786,793) Special assessments - - _ Licenses, permits and fees 771,100 748,198 (22,902) Intergovernmental 2,657,700 2,859,755 202,055 Fines and forfeits 124,000 130,253 6,253 Charges for services - - - Interest 280,000 393,439 113,439 Other revenues 33,500 51,000 17,500 Total revenues 9,617,300 9,146,852 (470,448) Expenditures: General government 2,122,865 1,922,452 200,413 Public safety 4,143,130 4,099,515 43,615 Highways and streets - - - Public works 1,395,974 1,123,633 272,341 Community development - - - Parks, recreation and culture 1,243,805 1,027,979 215,826 Capital outlay 93,735 67,884 25,851 Debt service: Principal - - - Interest Total expenditures 8.999.509 8,241.463 758,046 Excess (deficiency) of revenues over (under) expenditures 617,791 905.389 287,598 Other financing sources (uses): Operating transfers in 767,915 750,186 (17,729) Operating transfers out (383,416) (383,679) (263) Proceeds of capital lease - 22,356 22,356 Total other financing sources (uses) 384,499 388,863 4,364 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses 1,002,290 1,294,252 291,962 Fund balances at beginning of year 6,883.762 6,883,762 Fund balances at end of year $7386.052 8.178,014 291.962 See accompanying notes to the financial statements. -6- Exhibit CC Special Revenue Capital Projects Variance Variance Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) - 478,966 476,148 (2,818) - - - 93,000 74,190 (18,810) 65,500 59,200 (6,300) 4,860,506 2,664,545 (2,195,961) 116,100 116,100 - 75,000 123,571 48,571 - - - 276,000 210,136 (65,864) - - - 168,850 330,109 161,259 - 9,145 9,145 - 5,399 5,399 5,952,322 3,884,098 (2,068,224) 181,600 184,445 2,845 310,000 327,168 (17,168) 1,727,301 1,281,010 446,291 687,650 701,265 (13,615) 2,613,467 853,363 1,760,104 151,230 111,141 40,089 549,510 236,569 312,941 122,000 44,309 77,691 - - - - 16,879 8,712 8,167 1,920,293 41,293 1,916,100 - - - 100,000 100,000 - - - 8,780 8,780 1,287,759 1,192,595 95,164 6.919.351 2,521,015 4,398,336 4,664,563 2,691,503 (1.973,060) - 10,992 10,992 (6,446,260) (2,969,457) 3,476,803 (6,446,260) (2,958,465) 3,487,795 (1,781,697) (266,962) 1,514,735 5,783.410 5,783,410 4.001.713 .516.448 1,514.2a5 -7- (6.737,751) (2,336,570) 4,401,181 6,025,928 2,332,488 (3,693,440) 6,025.928 2,332,488 (3,693.440) (711,823) (4,082) 534,595 534,595 (177.228) 530.513 707,741 707.741 Exhibit DD CITY OF DIAMOND BAR Combined Statement of Revenues, Expenses and Changes in Retained Earnings - Proprietary Fund Type Year ended June 30, 1995 _ Retained earnings at end of year See accompanying notes to the financial statements. -8- Internal Service 1995 1994 -- Operating expenses: Insurance premiums $208,467 89.000 Total operating expenses 208.467 89.000 Operating income (loss) (208,467) (89,000) Nonoperating revenues (expenses): Nonoperating revenues: Interest revenue 22.579 16.682 Total nonoperating revenues (expenses) 22.579 16.682 Income (loss) before operating transfers (185,888) (72,318) Transfer from other funds: - General fund 259.470 187.395 Net income 73.582 115.077 Retained earnings at beginning of year 575.732 460.655 Retained earnings at end of year See accompanying notes to the financial statements. -8- Exhibit EE CITY OF DIAMOND BAR Combined Statement of Cash Flows - Proprietary Fund Type Year ended June 30, 1995 See accompanying notes to the financial statements. -9- Internal Service 1995 1994 Cash flows from operating activities: $(214.900) (252.416) Insurance payments Net cash provided by (used for) 21( 4.900) (252.416) operating activities Cash flows from noncapital financing activities: 187.395 Transfer from other fund 259.470 Net cash provided by non -capital 259.470 187.395 financing activities Cash flows from investing activities: 2— 2.579 16.682 Interest earned on investments Net cash provided by investing activities 22.579 16.682 Net increase (decrease) in cash and cash equivalents 67,149 (48,339) Cash and cash equivalents at beginning of year 412,316 460.655 Cash and cash equivalents at end of year 14ZL=4.0 412-a16 Reconciliation of net operating income to net cash provided by (used for) operating activities: Operating income (loss)$(208.467) 8( 9,000) Adjustments to reconcile operating income to net cash provided by (used for) operating activities: - (163,416) Increase in prepaid insurance Decrease in accounts payable (6.433) Net cash provided by (used for) operating activities .(214.900) (252.41 See accompanying notes to the financial statements. -9- CITY OF DIAMOND BAR Notes to Financial Statements Year ended June 30, 1995 (1) Summary of Significant Accounting Policies (a) Description of the Reporting Entit The City of Diamond Bar was incorporated April 18, 1989 under the general laws of the State of California. The City operates under the Council — Manager form - of government and provides the following services as authorized by its general laws: Public Safety (police), Highways and Streets, Park Facilities, Public Improvements, Community Development (planning, building, zoning) and General Administrative Services. As required by generally accepted accounting principles, these financial - statements present only the City of Diamond Bar, which has no component units. The City is considered to be financially accountable for an organization if the City appoints a voting majority of that organization's governing body and the City is able to impose its will on that organization or there is a potential for that organization to improve specific financial benefits to or impose specific financial burdens on the City. The City is also considered to be financially accountable for an organization if that organization is fiscally dependent (i.e., it is unable to adopt its budget, levy taxes, set rates or charges, or issue bonded debt without approval from the City). In certain cases, other organizations are included as component units if the nature and significance of their relationship with the City - are such that their exclusion would cause the City's financial statements to be misleading or incomplete. (b) Fund Accounting The basic accounting and reporting entity is a "fund." A fund is defined as an independent fiscal and accounting entity with a self—balancing set of accounts, -- recording resources, related liabilities, obligations, reserves and equities segregated for the purpose of carrying out specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations. The accounting records of the City are organized on the basis of funds and account groups classified for reporting purposes as follows: GOVERNMENTAL FUNDS General Fund The General Fund is the general operating fund of the City. All general tax revenues and other receipts that are not allocated by law or contractual agreement to some other fund are accounted for in this fund. Expenditures of this fund include the general operating expenses and capital improvement costs which are not paid through other funds. -11- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) �1) Summary of Significant Accounting Policies (('ontinued) Special Revenue Funds The Special Revenue Funds are used to account for proceeds of specific revenue sources that are restricted by law or administrative action for specific purposes. Capital Project Funds Capital Project Funds are used to account for financial resources to be used for the acquisition, construction or improvements of major capital facilities and infrastructure. PROPRIETARY FUNDS Internal Service Fund The Internal Service Fund is used to account for goods and services provided by one department to other departments on a cost reimbursement basis. FIDUCIARY FUND Agency Fund Agency Funds are custodial in nature and account for assets that the City holds for others in an agency capacity. ACCOUNT GROUPS General Fixed Assets Account Gro ,n The General Fixed Assets Account Group is used to account for the costs of fixed assets acquired to perform general government functions. Assets purchased are recorded as expenditures in the governmental funds and capitalized at cost in the general fixed assets account group. Contributed fixed assets are recorded in general fixed assets at fair market value when received. Fixed assets acquired under a capital lease are recorded at the net present value of future lease payments. -12- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (1) Summary of Significant Accounting Policies (Continued) Fixed assets consisting of certain improvements other than buildings, including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems, have not been capitalized. Such assets normally are immovable and of value only to the City. Therefore, the purpose of stewardship for capital expenditures is satisfied without recording these assets. No depreciation has been provided on general fixed assets. General Long -Term Debt Account Group The General Long -Term Debt Account Group is used to account for all long-term debt of the City, except that accounted for in the proprietary funds. (c) Measurement Focus and Basis of Accounting Governmental (general, special revenue, and capital projects) fund types are accounted for on a "spending' measurement focus. Accordingly, only current assets and current liabilities are included on their balance sheets. The reported fund balance provides an indication of available, spendable resources. Operating statements for governmental fund types report increases (revenues) and decreases (expenditures) in available spendable resources. Agency funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. The modified accrual basis of accounting is followed by the governmental and agency funds. Under the modified accrual basis of accounting, revenues are susceptible to accrual when they become both measurable and available. - Available means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Expenditures, other than interest on long-term debt, are recorded when a current liability is incurred. Liabilities are considered current when they are normally expected to be liquidated with expendable available financial resources. Taxes, subventions, entitlements, and taxpayer -assessed tax revenues held at year-end by an intermediary collecting government are recognized as revenue under the modified accrual basis of accounting. Reimbursement grant revenues are recognized when the related expenditures are incurred. Revenues from the - use of money and property are recorded when earned. Licenses, permits, fines, forfeitures, charges for services, and miscellaneous revenues are recorded as governmental fund revenues when received in cash because they are generally not measurable until actually received. -13- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (1) Summary of Significant Accounting Policies. (Continued) (d) Budgetary Data The City adopts an annual budget prepared on the modified accrual basis for all of its governmental funds. The City Manager or his designee is authorized to transfer budgeted amounts between the accounts of any department. Revisions that alter the total appropriations of any department or fund and adjustments greater than $10,000 are approved by City Council. Prior year appropriations lapse unless they are reappropriated through the formal budget process. Expenditures may not legally exceed appropriations at the fund level. During the year, there were supplemental budgetary appropriations amounting to $924,607. (e) Interfund Transfers Nonrecurring transfers of equity between funds are reported as an adjustment to beginning fund balance. Operating transfers are reported as other sources and uses of funds in the statement of revenues, expenditures, and changes in fund balance. (f) Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary control in the governmental funds. Encumbrances outstanding at - year-end do not constitute expenditures or liabilities, but are reported as reservations of fund balance. (g) Investments Investments are valued at cost. An estimated loss is accrued for an impairment of investment market value when it is probable that the loss will become realized and the amount of loss can be reasonably estimated. (h) Cash Equivalents For purposes of the statement of cash flows, cash equivalents are defined as short-term, highly liquid investments that are both readily convertible to known amounts of cash or so near their maturity that they present insignificant risk of changes in value because of changes in interest rates. Cash equivalents also represent the proprietary funds' share in the cash and investment pool of the City of Diamond Bar. -14- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (1) Summary of Significant Accounting Policies (Continued) (i) Due from Other Governments The amounts recorded as a receivable due from other governments include sales taxes, property taxes, and grant revenues, collected or provided by Federal, State, County, and City Governments and unremitted to the City as of June 30, 1995. The County of Los Angeles assesses, bills, and collects property taxes for the City. (j) Employee Leave Benefits Vacation and sick leave time begin to accumulate as of the first day of employment to a maximum of 160 hours. Employees who accumulate sick leave in excess of 160 hours are paid for the excess annually at one half the employee's current wage rate. (k) Claims and Judgments The City records a liability for material litigation, judgments, and claims (including incurred but not reported losses) when it is probable that an asset has been impaired or a material liability has been incurred prior to year end and the probable amount of loss (net of any insurance coverage) can be reasonably estimated. (1) Capital Projects Capital projects expenditures include public domain or infrastructure projects which are not capitalized as additions to general fixed assets. (m) Postemployment Benefits The City does not provide postemployment benefits (other than pension benefits) for its employees. (n) Property Tax Calendar The County of Los Angeles assesses, levies, and collects property taxes for the City. Property taxes levied for the year ended June 30, 1995 were due and payable in two installments on November 1, 1994 and February 1, 1995 and became delinquent on December 10, 1994 and April 10, 1995, respectively. -15- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (1) Summary of Significant Accounting Policies (Continued) (o) Fixed Assets Fixed assets are not capitalized in the funds used to acquire or construct them. Instead, capital acquisition and construction are reflected as expenditures in governmental funds, and the related assets are reported in the general fixed assets account group. All purchased fixed assets are valued at cost where historical records are available and at an estimated historical cost where no historical records exist. Donated fixed assets are valued at their estimated fair market value on the date received. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Improvements are capitalized and depreciated over the remaining useful lives of the related fixed assets, as applicable. Public domain ("infrastructure") general fixed assets consisting of roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems are not capitalized, as these assets are immovable and of value only to the government. Assets in the general fixed assets account group are not depreciated. (p) Comparative Data Comparative total data for the prior year have been presented in the accompanying financial statements in order to provide an understanding of changes in the City's financial position and operations. However, comparative (i.e., presentation of prior year totals by fund type) data have not been presented in each of the statements since their inclusion would make the statements unduly complex and difficult to read. Certain minor reclassifications of prior year data have been made in order to enhance their comparability with current year figures. (q) Memorandum Only Totals Columns in the accompanying financial statements captioned "Totals (Memorandum Only)" are not necessary for a fair presentation of the financial statements in accordance with generally accepted accounting principles, but are presented as additional analytical data. Interfund balances and transactions have not been eliminated and the columns do not present consolidated financial information. (2) Cash and Investments Cash and investments held by the City at June 30, 1995 consisted of the following: Petty cash Deposits Investments Total -16- Carrying Amount $ 675 192,775 15.091.835 $15.285.285 CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (2) Cash and Investments. (Continued) The City is generally authorized under Section 53601 of the California Government Code and the City's investment policy to invest in the following types of investments: Demand deposits with financial institutions Savings accounts Certificates of deposit U.S. Treasury Securities Bankers'acceptances Commercial paper California Local Agency Investment Fund Repurchase Agreements Deferred compensation investments held in a fiduciary capacity for City employees include investments legally authorized for the City as well as investments in mutual funds. Under the California Government Code, a financial institution is required to secure deposits made by state or local governmental units by pledging securities held in the form of an undivided collateral pool. The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. Deposits of cities and other state or local governments are classified in three categories to give an indication of the level of credit risk assumed by the City. -- Category 1 - includes deposits that are insured or collateralized with securities held by the City or its agent in the City's name. Category 2 - includes deposits collateralized with securities held by the pledging financial institution's trust department or agent in the City's name. Category 2 also includes deposits collateralized by an interest in an undivided collateral pool held by an authorized Agent or Depository and subject to certain regulatory requirements under State law. Category 3 - includes deposits collateralized with securities held by the pledging _ financial institution, or by its trust department or agent but not in the City's name. Category 3 also includes any uncollateralized deposits. Category Bank Carrying Form of Deposit 1 2 3 Balance Amount Demand deposits $100,000 140.482 — 240.482 192.775 Total deposits $100.000 I4Q.482 24 4 -17- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (2) Cash and Investments (Continued) The investments below are not classified by custodial risk because they do not represent a direct investment in securities. Mutual Funds - deferred compensation Local Agency Investment Fund Total investments Carrying Market Amount Value $ 325,131 325,131 14,766,704 14,904,404 X15.091.835 15.229.53 At June 30, 1995 the management of the State of California Pooled Money Investment Account generally referred to as LAIF has calculated the market value of LAIF to be $27,116,056,206. The City's proportionate share of that value is $14,904,404. Included in LAIF's investment portfolio are certain market risk senstive investments including Federal Agency and Corporate and Federal Agency Asset and Mortgage backed pools and collateralized mortgage obligations. Information related to LAIF's exposure to credit and legal risk is not available. (3) Fixed Assets A summary of changes in general fixed assets follows: Land Buildings Improvements Vehicles and equipment Furniture and fixtures Total Balance at Balance at July 1, 1994 Additions Retirements June 30. 1995 $1,961,615 - - 1,961,615 854,908 4,438 - 859,346 579,301 - - 579,301 456,779 49,065 3,210 502,634 155.061 27.292 709 181,644 $4.007.664 80.795 3.919 4-084,540 -18- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (4) General Long -Term Debt Changes in general long-term debt for the year ended June 30, 1995 were as follows: Balance at Balance at July 1. 1994 Additions Retirements June 30, 1995 Compensated absences payable $ 89,384 14,538 - 103,922 Obligations under capital lease 200,000 22,356 100,591 121,765 Total 1099.384 36.894 100.591 225.687 (5) Obligations Under Capital Leases Reservoir Site The City has entered into a lease agreement as lessee for financing the acquisition of a reservoir site in the amount of $400,000. Payments of principal and interest are payable in annual installments commencing July 1, 1992. The interest payments are _ based on the average annual percentage interest paid on public investments made through the Local Agency Investment Fund of the State of California. Telephone System The City has entered into a lease agreement as lessee for financing the acquisition of a telephone system in the amount of $22,356 to be paid in sixty monthly installments ending in March 2000. The balance to be paid is $27,074 including $5,309 in interest. These lease agreements qualify as capital leases for accounting purposes and, therefore, have been recorded at the present value of the future minimum lease payments as of the inception date in the general fixed assets account group. Payments of principal and interest are made from the General Fund. The future minimum lease obligations and the net present value of these minimum lease payments as of June 30, 1995 were as follows: Year Ending Reservoir Telephone June 30 Site System Total 1996 $104,930 5,601 110,531 1997 - 5,601 5,601 1998 - 5,601 5,601 1999 - 5,601 5,601 2000 - 4,670 4,670 Total minimum lease payments 104,930 27,074 132,004 Less amount representing interest (4,930) (5.309)1( 0.239) Present value of minimum lease payments $100.000 21.76. 121.765 -19- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (6) Reserves and Designation of Fund Equity The City established "reserves" of fund equity to segregate fund balances which are not appropriable for expenditure in future periods, or which are legally set aside for specific future use. Fund designations also may be established to indicate tentative plans for financial resource utilization in future periods. Fund balances at June 30, 1995 consisted of the following reserves and designations: Reserved for: Debt service Encumbrances Specific projects and programs Unreserved: Designated for: Specific projects and programs Undesignated Total fund equity (7) Deferred Compensation Total Special Capital (Memorandum General Fund Revenue Projects Only) $ 225,687 - - 225,687 78,979 440,284 395,061 914,324 5,000 349,772 135,452 490,224 156,894 4,726,392 7.711.454 - $8.178.014 5.516-418 4,883,286 7.711.454 The City has made available to its employees a deferred compensation plan, created in accordance with Internal Revenue Code Section 457, whereby employees authorize the City to defer a portion of their salary to be deposited in individual investment accounts. Funds may be withdrawn by participants upon termination of employment or retirement. The City makes no contribution under the plan. As of June 30, 1995, the deferred compensation liability included in an Agency Fund was $325,131 carried at market value. All amounts of compensation deferred under the plan, all property and rights purchased with those amounts, and all income attributable to those amounts, property, or rights, are solely the property and rights of the City, subject only to the claims of the City's general creditors. Because the City handles these funds in a fiduciary capacity, the Deferred Compensation Fund is reported as an Agency Fund in the accompanying financial statements. -20- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (8) City Employees Retirement Plan (Defined Benefit Pension Plan) Plan Description The City of Diamond Bar contributed to the California Public Employees Retirement System (PERS), an agent multiple -employer defined pension plan that acts as a common investment and administrative agent for participating public entities within the State of California. The City's payroll for employees covered by PERS for the year ended June 30, 1995 was $1,214,921. The total payroll for the year was $1,298,633. All full-time and part-time benefitted City employees are eligible to participate in PERS. Part-time hourly non -benefitted employees do not participate in PERS. Benefits vest after five years of service. City employees who retire at or after age fifty, with five years of credited service are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to the average monthly pay rate for the last twelve consecutive months. PERS also provides death and survivor's benefits. These benefit provisions and all other requirements are established by State statute and City ordinance. Employee and Employer Contribution Obligations Contributions required of City employees are paid by the City on behalf of the employees. The rates are set by statute and therefore remain unchanged from year to year. The present rates are: Member Rates as a Category Percentage of Wages Local miscellaneous members 7% The City is required to contribute the remaining amounts necessary to fund the _ benefits for its members, using the actuarial bases recommended by the PERS actuaries and actuarial consultants and adopted by the Board of Administration. Funding Status and Progress The amount shown below as the "pension benefit obligation" is a standardized measure of the present value of pension benefits, adjusted for the effects of step -rate benefits, estimated to be payable in the future as a result of employee service to date. The measure is intended to help assess the funding status of PERS on a going -concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among employers. The measure is the actuarial present value of credited projected benefits and is independent of the funding method used to determine contributions to PERS. -21- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (8) City Employees Retirement Plan (Defined Benefit Pension Plan). (Continued) Funding Status and Progress (Continued) The pension benefit obligation was computed as part of an actuarial valuation performed as of June 30, 1994. Neither an actuarial valuation nor an annual update as of June 30, 1995 is available at this time. Significant actuarial assumptions used in the valuation include (a) a rate of return on the investment of present and future assets of 8.5 percent a year compounded annually, (b) projected salary increases of 4.5 percent a year compounded annually, attributable to inflation, (c) no additional projected salary increases attributable to seniority/merit, and (d) no post retirement benefit increases. The total overfunded pension obligation applicable to the City employees was $190,116 at June 30, 1994, as follows: Pension benefit obligation: Retirees and beneficiaries currently receiving benefits and terminated employees not yet receiving benefits $ 39,677 Current employees: Accumulated employee contribution including allocated investment earnings 309,036 Employer -financed vested 71,145 Employer -financed non -vested 133.511 Total pension benefit obligation 553,369 Net assets available for benefits at cost (Market value is $741,255) 743.485 Overfunded pension benefit obligation .(190.116) Changes in the pension benefit obligation from last year resulted from the following: Changes in benefit provisions $ - Changes in actuarial assumptions _(26.528) Total $ (2�) -22- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) 81 City Employees Retirement Plan (Defined Benefit Pension Plan PERS used the Entry Age Normal Actuarial Cost Method which is a projected benefit cost method. That is, it takes into account those benefits that are expected to be earned in the future as well as those already accrued. According to this cost method, the normal cost for an employee is the level amount which would fund the projected benefit if it were paid annually from date of employment until retirement. PERS uses a modification of the Entry Age Cost method in which the employer's total normal cost is expressed as a level percent of payroll. PERS also uses the level percentage of payroll method to amortize any unfunded actuarial liabilities. The amortization period of the unfunded actuarial liability ends in the year 2000 for prior service benefits and current service benefits. The significant actuarial assumptions used to compute the actuarially determined contribution requirement are the same as those used to compute the pension benefit obligation, as previously described. The contribution to PERS for the year ended June 30, 1995 of $161,644 was made in accordance with actuarially determined requirements computed through an actuarial valuation performed as of June 30, 1993. The contribution consisted of the following: Normal cost Amortization of unfunded (overfunded) actuarial accrued liability Total contribution Contribution: Employer Employee Total contribution Percent of Covered Amount Payroll $162,386 13.37% (742) (.06)% $16 13.31% $ 76,600 6.31% 85.044 7.00% $16� 13.31% The actual employer contributions paid were reduced by $15,283 due to permitted use of surplus assets. Trend Information For the three years ended June 30, 1993, 1994 and 1995, the total contribution to PERS was 13.68%, 13.34% and 13.31%, respectively, of the annual covered payroll. The total contribution paid by the City included the employer contributions as well as the member contribution for which the City is contractually obligated to pay on behalf of its employees. The total contributions paid by the City was based upon actuarially determined requirements. -23- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (8) City Employees Retirement Plan (Defined Benefit Pension Plan) Trend Information (Continued) Since the required ten-year information for the City of Diamond Bar alone is not displayed in the California PERS annual report, this information must be disclosed in the financial statements of the City. This ten-year historical trend information gives an indication of the progress made in accumulating sufficient assets to pay benefits when due. However, the year ended June 30, 1990 is the first year the City participated in PERS. Moreover, such information for the year ended June 30, 1995 is not yet available. Until ten years of data are available, as many years as are available will be presented. Showing unfunded pension benefit obligation as a percentage of annual covered payroll approximately adjusts for the effects of inflation, thereby enhancing comparability for trend analysis purposes. Available trend information (in hundreds) is summarized as follows: (9) Due From and To Other Funds Current interfund receivables and payables balances at June 30, 1995 are as follows: Current Current Interfund Interfund (6) Receivables bles Payables General fund $142,193 (4) Special revenue funds: Unfunded Pension Actuarial (1) (2) (3) Unfunded (5) Benefit Obligation Valuation Net Assets Pension Percentage Pension Benefit Annual as a Percentage as of Available Benefit Funded Obligation Covered of Covered Payroll June 30 for Benefits Obligation (11/(2) (2) - (1) Payroll (4)/(5) 1990 250.7 288.8 86.8 38.1 3,122.1 1.2 1991 1,318.0 1,220.6 108.0 (97.5) 9,360.3 (1.0) 1992 3,106.8 2,632.3 118.0 (474.6) 11,060.5 (4.3) 1993 4,743.9 3,839.9 123.5 (904.1) 10,098.5 (9.0) 1994 7,434.8 5,533.6 134.4 (1,901.2) 14,408.0 (13.2) (9) Due From and To Other Funds Current interfund receivables and payables balances at June 30, 1995 are as follows: -24- Current Current Interfund Interfund Receivables bles Payables General fund $142,193 10,991 Special revenue funds: - 14,031 Traffic safety - 312,948 State gas tax Proposition A 49,694 8,234 Proposition C - 177,120 Park fees - - 546 53,166 Safe parks Community development block grant - 139,017 Assessment districts 10,992 24,632 Capital projects funds: 1,249 1,225 Traffic mitigation Capital improvement 537,782 - Total $741.910 74L910 -24- CITY OF DIAMOND BAR Notes to Financial Statements (Continued) (10) Expenditures in Excess of Appropriations Expenditures and transfers out for the year ended June 30, 1995 exceeded the appropriations for expenditures and transfers out of the following funds: Budget Actual Variance Capital projects funds: Traffic mitigation $ - 1,249 (1,249) Management's explanation for the expenditures in excess of appropriations is summarized as follows: The project was completed in the previous year and the fund was closed. Subsequently, it was determined that a portion of the work was substandard and the City hired a consultant to evaluate the work. In order to track subsequent costs incurred, the City reopened the fund and recorded the costs to the project, which was not budgeted for in the current year. 11) Risk Management - Covera _ The City participates in the Southern California Joint Powers Insurance Authority. The purpose of this organization is to reduce the cost of liability insurance coverage by having the member cities act as self insurers among themselves. The City's self-insurance retention level for Comprehensive General Liability claims is $20,000 with a pro rata sharing of all member incurred losses up to $10,000,000 per ocurrence. The membership of SCJPIA consists of approximately 78 cities with similar interests -- and needs regarding general liability insurance. Premiums are based upon the losses incurred by the insured and rebates are possible if the losses are minimal. The Board of Directors sets the premiums, and each member city is represented on the Board. (12) Contingent Liabilities The City is a defendant in various litigation arising in the normal course of operations. In the opinion of management and counsel, the outcome is not expected to materially adversely affect the financial position of the City. -25- GENERAL FUND To account for all the general revenue of the City not specifically levied or collected for the other City funds and for expenditures related to the rendering of general services by the City. -27- CITY OF DIAMOND BAR General Fund Comparative Balance Sheets June 30, 1995 and 1994 Exhibit A-1 1995 1994 Assets $7,967,594 5,746,990 Cash and investments 181,919 128,441 Accounts receivable 217,738 135,950 Interest receivable 142,193 60,953 Due from other funds 1 266.036 1&2L.251 Due from other governments Total assets $9-777"5.AgQ R -163.5E Liabilities and fund equit Liabilities: $1,152,678 1,084,418 Accounts payable 62,922 90,276 Accrued expenses 6,659 - Retentions payable 112,723 - Deferred revenue 10,991 - Due to other funds 251.493 105.129 Deposits Total liabilities 1 597.466 1 279.823 Fund balances: Reserved for: - 823,605 Receivable 78,979 88,154 Encumbrances 225,687 289,384 Debt service 5,000 5,000 Specific projects and programs Unreserved: Designated for: 156,894 Specific projects and programs 7 711.454 5,677,619 Undesignated Total fund balances 8 178.014 6.883.762 Total liabilities and fund balances 19.775.48 8,163,585 -28- CITY OF DIAMOND BAR Comparative Statement of Revenues, Expenditures and Changes in Fund Balances - General Fund For the fiscal years ended June 30, 1995 and 1994 -29- 1995 1994 Revenues: Taxes $4,964,207 4,981,235 Licenses, permits and fees 748,198 740,308 _ Intergovernmental 2,859,755 2,926,724 Fines and forfeits 130,253 88,137 Interest 393,439 242,248 Other revenues 51,000 37.492 Total revenues 9.146,852 _9.016 .144 Expenditures: General government 1,922,452 2,316,053 Public safety 4,099,515 3,819,724 Public works 1,123,633 1,735,770 Parks, recreation and culture 1,027,979 976,957 30,927 - Capital outlay 67,884 Debt service: 450.000 Principal - Total expenditures 8,241.463 9,329.431 Excess (deficiency) of revenues over expenditures 905.389 (313.287) Other financing sources (uses): 750,186 219,792 Operating transfers in Operating transfers out (383,679) - Proceeds of capital lease 22,356 - Total other financing sources (uses) 388.863 219.792 Excess (deficiency) of revenues over expenditures and other financing sources (uses) 1,294,252 (93,495) Fund balances at beginning of year 6,883.762 6,977,257 Fund balances at end of year .8.178.014 6.883.762 -29- CITY OF DIAMOND BAR Revenue Detail - Budget and Actual General Fund Year ended June 30, 1995 Taxes: Real estate transfer tax Sales and use tax Franchise fees Transient occupancy tax Property tax allocation Total taxes Intergovernmental: Motor vehicle in lieu tax Library services Homeowners exemption Off highway tax Grants Total intergovernmental Licenses, permits and fees Fines, forfeitures and penalties, and court fines Interest earned on investments Other: Rental income Donations Miscellaneous Total other revenue Total revenues Exhibit A-3 -30- 1995 Over/(Under) 1994 Bud eg t _ Actual Budget Actual $ 95,000 113,394 18,394 123,772 2,150,000 2,173,979 23,979 2,102,567 615,000 647,518 32,518 652,108 180,000 152,341 (27,659) 220,988 2,711,000 1,876.975 (834,025) 1,881.800 5.751,000 4,964.207 (786.793) 4,981,235 2,436,000 2,601,163 165,163 2,494,055 200,000 207,000 7,000 - 20,000 35,711 15,711 35,273 1,700 411 (1,289) 1,219 15,470 15,470 396.666 2,657.700 2,859.755 202,055 2,927.213 771.100 748.1982! 2,902) 740.308 124,000 130.253 6.253 88.137 280.000 393.439 113,439 242.248 25,000 26,149 1,149 11,389 1,100 1,585 485 7,697 7.400 23,266 15.866 17.917 33,500 51,000 17.500 37.003 $9.617 300 9.146 852 (4-�4 ) - -30- Exhibit -A-4 CITY OF DIAMOND BAR Expenditure Detail - Budget and Actual General Fund Year ended June 30, 1995 -31- 1995 Over/(Under) 1994 Budget Actual Bud eg_t Actual General government: City Council $ 105,735 89,213 16,522 92,956 City Manager 373,800 398,839 (25,039) 327,585 City Clerk 190,150 218,100 189,862 210,890 288 7,210 237,448 185,537 _ Finance City Attorney 185,000 132,474 52,526 405,012 473,026 Planning 488,530 390,500 428,643 346,307 59,887 44,193 283,684 General government - Promotion 171.050 126.224 44.826 92,830 Total general government 2,122,865 1,922,452 200.413 2,098,078 Public safety: Law enforcement 3,865,500 3,855,221 10,279 3,762,539 Fire 7,530 7,359 171 7,359 Building and safety 200,000 52,500 170,088 54,169 29,912 (1,669) 194,975 49,826 Animal control Emergency preparation 17,600 12,678 4,922 23.000 Total public safety 4,143,130 4,099,515 43.615 4,037.699 Public works 1.395,974 1,123.633 272,341 1,735,770 Parks, recreation, and culture 1,243,805 1,027.979 215.826 976,957 Principal retirement - - - 450,000 Capital outlay 93,735 67,884 25.851 30,927 Total expenditures $8.999,509 8.241.463 758.046 9. 29.431 -31- SPECIAL REVENUE FUNDS Special Revenue Funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. The City of Diamond Bar has eleven Special Revenue Funds: Traffic Safety Fund - To account for fines collected on Vehicle Code violations which can be expended only for traffic safety purposes. Gas Tax Fund - To account for state gasoline taxes received under Sections 2105, 2106, 2107, and 2107.5 of the Streets and Highways Code. State law requires that these revenues be utilized solely for street related purposes. Proposition A Transit Fund - To account for the receipt and expenditure of the City's share of the 1/2 cent sales tax levied in Los Angeles County for local transit purposes. Proposition C Transit Fund - To account for the receipt and expenditure of Proposition C funds from the Los Angeles County Metropolitan Transportation Authority for the City's - transit and transit -related improvement projects. Integrated Waste Management Fund - To account for revenues and expenditures related to the City's waste reduction efforts as related to AB939. Air Quality Improvement Fund - To account for motor vehicle registration fees received from the South Coast Air Quality Management District to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988. Park Fees Fund - To account for revenues received and expenditures made for park development and improvement. The primary source of revenue is park development fees collected from developers under the State of California's Quimby Act. Proposition A Safe Parks Act Fund - To account for funds received and expended as a result of the approval of the Los Angeles County Safe Neighborhood Parks Act passed in 1992. This Act provides funds to cities to improve, preserve, and restore parks. Community Development Block Grant Fund - To account for the City's allotment of CDBG funds from the federal government via the Los Angeles Community Development Commission. These funds are used to fund community development programs and projects benefiting low and moderate income citizens. SB 821 Fund - To account for revenues and expenditures related to the receipt of state funds allocated for the purpose of the construction of bike and pedestrian paths. Landscape Maintenance Districts Funds - To account for revenues and expenditures related to the special property tax assessments which were set up in accordance with the Landscape and Lighting Act of 1972. The purpose of these districts is to improve the landscaping of City owned medians and hillsides. -33- CITY OF DIAMOND BAR Special Revenue Funds Combining Balance Sheet June 30, 1995 Traffic State Prop. A Prop. C Solid Air Quality Safety Gas Tax Transit Transit Waste Improvement Park Fees — Assets Cash and investments $ 358 2,589,373 1,040,245 1,413,871 63,945 85,411 365,950 Accounts receivable - - - - 3,210 - - Due from other funds - - 49,694 - - - Due from other governments 14,031 - 44.754 37,714 - 16,130 - Total assets $14.389 2.5S9,323 1,114.fi2a 101,541 365,250 Liabilities and Fund Balance - Liabilities: Accounts payable $ - - 34,219 - 15,460 1,656 - Accrued expenses - 378 751 - 719 240 - Retentions payable - - - - - Due to other funds 14,031 312,948 8.234 177,120 - - 546 Total liabilities 14.031 313.326 43.204 177,120 16,179 1.896 546 Fund balances — Reserved for: Encumbrances - 128,476 - 294,302 1,360 - 15,632 Specific projects and - _ - 349,772 programs - - - Unreserved: Designated for: Specific projects and — programs 358 2,147,571 1,091,489 980,163 49.616 99.645 - Total fund balances 358 2,276,047 1,091.489 1,274,465 50.976 99,645 365,404 Total liabilities and fund balance 19 $21,L3AW 1,451,5S5 SYM Exhibit B-1 -35- Community Landscape Totals Prop. A Development Maintenance (Memorandum Onlvl Safe Parks Block Grant Districts AB 821 1995 1994 271,303 142,204 5,972,660 5,765,120 - _ _ - 3,210 5,073 _ - 10,992 - 60,686 - 53.166 156,577 156.577 12,203 294.498 - 142.204 334.575 6.371 131 235.707 6.005.900 - 16,418 51,840 - 119,593 59,530 - 1,142 68 - 3,298 12,842 _ _ 2,098 - 2,098 - 53.166 139.017 24,632 - 729.694 150.118 53.166 156.577 78.638 - 854,683 222,490 - _ 514 - 440,284 192,029 _ - 349,772 275,733 - 215,346 142.204 4.726.392 5,315.648 53.166 156.577 215,860 294.498 142,204 142.204 5,516,448 6.371.131 5.783,410 6.005.900 -35- CITY OF DIAMOND BAR Special Revenue Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 1995 Fund balances at end of year -36- Traffic State Prop. A Prop. C Solid Air Quality Safetv Cas Tax Transit Transit Waste Improvement Revenues: Special assessments $ - - - - - - Licenses, permits and fees - - - - - - Intergovernmental - 1,290,357 539,951 526,676 19,421 60,377 Fines and forfeits 123,571 - - - - - Charges for services - - 137,966 - 72,170 - Interest 1,400 150,170 50,966 77,851 2,582 3,684 Other revenues - - 2.999 - - - Total revenues 124.971 1.440,527 731.882 604.527 94.173 64,061 Expenditures: Highways and streets - 19,610 307,299 259 - - Public works - - 202,858 - 83,748 - Community development - - - - - 27,031 Parks, recreation and culture - - 44,309 - - - Capital outlay - - - - - 4,760 Total expenditures - 19,610 554.466 259 83.748 31.791 Excess (deficiency) of revenues over (under) expenditures 124.971 1,420.917 177.416 604.268 10.425 32.270 Other financing sources (uses): Operating transfers in - - - - - - Operating transfers out (124,613) (1,620,231) (45.287) (708,788) - - Total other financing sources (uses)12( 4,613) (1,620,231) (45.287) (708.788) - - Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) 358 (199,314) 132,129 (104,520) 10,425 32,270 Fund balances at beginning of year - 2,475,361 959,360 1.378.985 40.551 67.375 Fund balances at end of year -36- Exhibit B-2 89,671 - - 275.733 - (207,782) (20,199) (266,962) 1,090,107 423,642 162.403 5.783.410 4.693.303 LQ 5.516.4484 7 -37- Community Landscape Totals Prop. A Development Maintenance (Memorandum Only) Park Fees Safe Parks Block Grant Districts AB 821 1995 1994 _ _ _ 476,148 - 476,148 499,030 74,190 - - - - 74,190 93,132 - 18,333 188,039 - 21,391 2,664,545 2,572,322 _ - - - - 123,571 99,293 - - _ _ - 210,136 79,615 19,052 - - 15,994 8,410 330,109 221,952 2.400 - 5.399 880 93.242 18.333 190.439 492.142 29,801 3.884.098 3.566.224 _ _ _ - - 327,168 140,003 _ 414,659 - 701,265 560,649 - - 84,110 - - 111,141 - _ _ _ _ _ 44,309 - _ _ 2.880 1.072 - 8.712 107.348 86.990 415,731 - 1.192.595 808.000 93,242 18.333 103.449 76.411 29.801 2.691.503 2.758.224 _ _ _ 10,992 - 10,992 - 3 571) (18.333) (103.449) (295.185)5j 0,000) (2.969.457) (1.668,117) (3.571) (18.333) (103.449) (284.193)5( 0,000) (2,958.465) (1.668.117) 89,671 - - 275.733 - (207,782) (20,199) (266,962) 1,090,107 423,642 162.403 5.783.410 4.693.303 LQ 5.516.4484 7 -37- Exhibit B-3 CITY OF DIAMOND BAR Special Revenue Funds Traffic Safety Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 Revenues: Fines and forfeits Interest Total revenues Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) Fund balances at beginning of year Fund balances at end of year Budget Actual $75,000 123,571 600 1,400 75.600 124,971 75,600 124.971 (75,600) (124.613) (75,600) (124.613) -38- 358 Variance Favorable (Unfavorable) 48,571 800 49.371 49.371 (49.013) (49,013) 358 Exhibit B-4 CITY OF DIAMOND BAR Special Revenue Funds State Gas Tax Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 -39- Variance _ Favorable Budget Actual (Unfavorable) Revenues: - Intergovernmental $1,275,950 1,290,357 14,407 Interest 100,000 150.170 50.170 - Total revenues 1.375,950 1,440,527 64,577 Expenditures: Highways and streets - 19,610 (19,610) Total expenditures - 19,610 (19.610) - Excess (deficiency) of revenues over (under) expenditures 1,375.950 1,420.917 44.967 Other financing sources (uses): Operating transfers out (2,839,420) (1,620,231) 1,219,189 Total other financing sources (uses) (2.839,420) (1.620,231) 1.219.189 Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) (1,463,470) (199,314) 1,264,156 Fund balances at beginning of year 2.475.361 2.475.361 - Fund balances at end of year $1.011.891 2.276.047 1.264.156 -39- Exhibit B-5 CITY OF DIAMOND BAR Special Revenue Funds Proposition A Transit Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 Revenues: Intergovernmental Charges for services Interest Other revenues Total revenues Expenditures: Highways and streets Public works Parks, recreation and culture Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) Fund balances at beginning of year Fund balances at end of year Budget Actual $538,600 539,951 195,000 137,966 15,000 50,966 _ 2.999 748 00 731,882 310,000 307,299 132,500 202,858 -UL.-0-Q0- 0 44.309 564.500 554,466 184.100 177.416 24� 5,000)(45,287) (245,000) (45.287) (60,900) 959.360 $898,460 -40- 132,129 959.360 1.09 89 Variance Favorable (Unfavorable) 1,351 (57,034) 35,966 2.999 1( 6.718) 2,701 (70,358) -22-&-91 10 34 (6.684) 199.713 199.713 193,029 Exhibit B-6 CITY OF DIAMOND BAR Special Revenue Funds Proposition C Transit Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 -41- Variance Favorable —Budget Actual (Unfavorable) Revenues: Intergovernmental $ 438,150 526,676 88,526 Interest 30,000 77.851 47,851 - Total revenues 468,150 604,527 136,377 Expenditures: Highways and streets - 259 (259) Total expenditures - 259 (259) Excess (deficiency) of revenues over (under) expenditures 468,150 604,268 136,118 Other financing sources (uses): Operating transfers out (900,000) (708,788) 191,212 Total other financing sources (uses) (900,000) (708,788) 191,212 --- Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) (431,850) (104,520) 327,330 Fund balances at beginning of year 1,378,985 1,378,985 - Fund balances at end of year $ 947,135 1.274;465 327.330 -41- Exhibit B-7 CITY OF DIAMOND BAR Special Revenue Funds Solid Waste Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 Fund balances at end of year -42- Variance Favorable -Budget Actual (Unfavorable) Revenues: Intergovernmental $ 22,427 19,421 (3,006) Charges for services 81,000 72,170 (8,830) 2.082 Interest 500 2,582 Total revenues 103,927 94,173 (9,754) Expenditures: Public works 96,500 83,748 12,752 Total expenditures 96,500 83.748 12,752 Excess (deficiency) of revenues over (under) expenditures 7,427 10,425 2,998 Fund balances at beginning of year 40,551 40,551 - Fund balances at end of year -42- Exhibit B-8 CITY OF DIAMOND BAR Special Revenue Funds Air Quality Improvement Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 Revenues: Intergovernmental Interest Total revenues Expenditures: Community development Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Fund balances at beginning of year Fund balances at end of year Variance Favorable Budget Actual (Unfavorable) $40,000 60,377 20,377 1.750 3,684 1.934 41.750 64,061 22.311 41,010 27,031 13,979 9.500 4,760 4,740 50.510 31,791 18.719 (8,760) 32,270 41,030 67.375 67.375 - $58 615 99.645 41 -43- Exhibit B-9 CITY OF DIAMOND BAR Special Revenue Funds Park Fees Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 Revenues: Licenses, permits and fees Interest Total revenues Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) Fund balances at beginning of year Fund balances at end of year Variance Favorable -Budget Actual (Unfavorable) $ 93,000 74,190 (18,810) 7,000 19.052 12,052 100.000 93,242 758) 100,000 93,242 (6.758) (80,130) (3,571) 76,559 (80,130) _(3,5.7) 76,559 19,870 89,671 69,801 275,733 275,733- 095.603 365.404 ��- -44- Exhibit B-10 CITY OF DIAMOND BAR Special Revenue Funds Proposition A Safe Parks Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 -45- Variance Favorable (Unfavorable) (2.001 ,667) (2.001,667) (2,001,667) 1,571.667 1,571,667 Bud eg t Actual Revenues: Intergovernmental $2,020,000 18,333 Total revenues 2,020,000 18.333 Excess (deficiency) of revenues over (under) expenditures 2.020,000 18,333 Other financing sources (uses): Operating transfers out (1,590,000) (18 ,333) Total other financing sources (uses) (1.590.000) (18,333) Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) 430,000 - Fund balances at beginning of year - - Fund balances at end of year $ 430.000 - -45- Variance Favorable (Unfavorable) (2.001 ,667) (2.001,667) (2,001,667) 1,571.667 1,571,667 CITY OF DIAMOND BAR Special Revenue Funds Community Development Block Grant Fund Statement of Revenues, Expenditures � Changes in Fund Balances Budget and Actual Year ended June 309 1995 Revenues: Intergovernmental Other revenues Total revenues Expenditures: Community development Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) Fund balances at beginning of year Fund balances at end of year 3,670 - (3,670) -46- Variance Favorable Actual LEnfavorable B et $507,379 188,039 (319,340) 2.400 2.400 0� 190.439 (316.940) 110,220 84,110 26,110 4.499 7.37q 2.880 -- 117 99 86.990 30.609 -- 389.780 103.449 (286.331) 38�) (103.449) 282.661 (386.11 0) (103.449) 282,661 3,670 - (3,670) -46- Exhibit B-12 CITY OF DIAMOND BAR Special Revenue Funds Landscape Maintenance Districts Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 Revenues: Special assessments Interest Total revenues Expenditures: Public works Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Operating transfers in Operating transfers out Total other financing sources (uses) Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) Fund balances at beginning of year Fund balances at end of year (228,684) (207,782) 20,902 423,642 423,642 - $194.958 2 -47- Variance Favorable Budget Actual (Unfavorable) $478,966 476,148 (2,818) 11,000 15.994 4,994 489,966 492,142 2,176 458,650 414,659 43,991 1,072 (1,072) 458,650 415,731 42,919 31,316 76,411 45,095 - 10,992 10,992 (260,000) (295,185) (35,185) 26� 0,000) (284,193) (24,193) (228,684) (207,782) 20,902 423,642 423,642 - $194.958 2 -47- Exhibit B-13 CITY OF DIAMOND BAR Special Revenue Funds AB 821 Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 Fund balances at end of year -48- Variance Favorable Budget Actual (Unfavorable) Revenues: Intergovernmental $ 18,000 21,391 3,391 Interest 3,000 8,410 5,410 Total revenues 21,000 29,801 8,801 - Excess (deficiency) of revenues over (under) expenditures 21,000 29,801 8,801 Other financing sources (uses): Operating transfers out (70,000)5( 0,000) 20,000 - Total other financing sources (uses) (70,000) (50,000) 20,000 _ Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) (49,000) (20,199) 28,801 Fund balances at beginning of year 162,403 162,403 - Fund balances at end of year -48- CAPITAL PROJECTS FUNDS Capital Projects Funds are used to account for the purchase or construction of major capital facilities which are not financed by Proprietary Funds or Trust Funds. Capital Projects Funds are ordinarily not used to account for the acquisition of furniture, fixtures, machinery, equipment and other relatively minor or comparatively short-lived general fixed assets. The City of Diamond Bar has three Capital Projects Funds: Grand Avenue Construction Fund - To account for the expenditure of funds received from the County of San Bernardino in settlement of the Grand Avenue litigation. These funds are used for street and traffic improvements along Grand Avenue. Traffic Mitigation Fund - To account for the expenditure of traffic mitigation fees which were transferred by the Los Angeles County to the City upon incorporation. These fees were to be used for street and signal improvements around the Gateway Corporate Center. These funds were used for the rehabilitation of Golden Springs. Capital Improvement Projects Fund - To account for the costs of constructing street improvements, park improvements, and other public improvements not normally included within the other Capital Projects funds. Financing is provided by developer fees and interfund transfers from the Special Revenue Funds and the General Fund. -49- Exhibit C-1 CITY OF DIAMOND BAR Capital Projects Fund _ Combining Balance Sheet June 30, 1995 5"1010 Totals Grand Traffic Capital (Memorandum Only) - Avenue Mitigation Improvement 1995 1994 Assets Cash and investments $397,671 - 142,764 540,435 545,002 Due from other funds - 1.249 537,782 539.031 89.165 Total assets$397.671 X24. 680.546 2 4634,167 Liabilities and fund balance Liabilities: Accounts payable $ 2,369 24 383,994 386,387 95,713 Accrued expenses 241 - 69 310 3,859 Retentions payable - - 161,031 161,031 - Due to other funds - 1,225 - 1,225 - - Total liabilities 2,610 1,249 545.094 548,953 99.572 Fund balances: Reserved for: Encumbrances 395,061 - - 395,061 9,150 Specific projects and programs - - 135,452 135,452 124,404 Unreserved - - - - 401,041 — Total fund balance 395,061 - 135.452 530.513 534,595 Total liabilities and fund balance $397,671 1.249 680546 1.079.46 5"1010 Exhibit C-2 CITY OF DIAMOND BAR Capital Projects Fund Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 1995 Totals Grand Traffic Capital (Memorandum Only) Avenue Mitigation Improvement 1995 1994 Revenues: 59,200 Licenses, permits and fees $ - Intergovernmental - Interest 5,299 Total revenues 5.299 - Expenditures: 179,146 Highways and streets - Public works 20,429 _ Community development - Capital outlay - Debt service: 13,894 Principal - Interest - Total expenditures 20,429 Excess (deficiency) 100,000 of revenues over 8,780 (under) expenditures (15,130) Other financing sources (uses): Operating transfers in - Total other financing 1,628,818 sources (uses) - Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) (15,130) - Fund balances at beginning of year 410,191 Fund balances at end of year .'i9 _061 - 59,200 59,200 122,395 - 116,100 116,100 10,000 - 3,846 9,145 2,009 179,146 184,445 134,404 1,281,010 1,281,010 - 1,224 831,710 853,363 13,894 - 236,569 236,569 - 25 41,268 41,293 1,500,134 - 100,000 100,000 100,000 8,780 8,780 14,790 1,249 2,499,337 2,521,015 1,628,818 (1,249) 1,249 1,249 -51- (2,320,191) (2,336,570) (1,494,414) 2,331,239 2,332,488 1,300,930 2,331,239 2,332,488 1,300,930 11,048 (4,082) (193,484) 124,404 534,595 728,079 135,452 53Q,513 __534,595 Exhibit C-3 CITY OF DIAMOND BAR Capital Projects Funds Grand Avenue Capital Project Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 -52- Variance Favorable (Unfavorable) 5.299 5,299 703,871 703,871 709.170 (320,000) (320.000) 389,170 389.170 -Budget Actual Revenues: Interest $ —5,299 Total revenues - 5,299 Expenditures: Public works 724,30020,429 Total expenditures 724,300 20,429 Excess (deficiency) of revenues over (under) expenditures72( 4,300) (15,130) Other financing sources (uses): Operating transfers in 320.000 - Total other financing sources (uses) 320,000 - Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) (404,300) (15,130) Fund balances at beginning of year 410,191 410,191 Fund balances at end of year $ 5.891 395.061 -52- Variance Favorable (Unfavorable) 5.299 5,299 703,871 703,871 709.170 (320,000) (320.000) 389,170 389.170 Exhibit C-4 CITY OF DIAMOND BAR Capital Projects Funds Traffic Mitigation Capital Projects Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 -53- Variance Favorable Budget Actual (Unfavorable) Expenditures: - Public works $ - 1,224 (1,224) Capital outlay - 25 (25) -- Total expenditures - 1,249 (1.249) Excess (deficiency) of revenues over (under) expenditures - (1,249) (1.249) Other financing sources (uses): Operating transfers in - 1.249 1,249 Total other financing sources (uses) - 1.249 1.249 Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) - - - Fund balances at beginning of year - - - Fund balances at end of year - - -53- Exhibit C-5 CITY OF DIAMOND BAR Capital Projects Funds Capital Improvement Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 1995 Fund balances at end of year -54- Variance Favorable Bud eR t _ Actual (Unfavorable) Revenues: Licenses, permits and fees $ 65,500 59,200 (6,300) Intergovernmental 116,100 116,100 - Interest - 3,846 3,846 Total revenues 181,600 179,146 (2,454) Expenditures: Highways and streets 1,727,301 1,281,010 446,291 Public works 1,889,167 831,710 1,057,457 Community development 549,510 236,569 312,941 Capital outlay 1,920,293 41,268 1,879,025 Debt service: Principal 100,000 100,000 - Interest 8,780 8,780 - Total expenditures 6,195,051 2,499,337 3,695,714 Excess (deficiency) of revenues over (under) expenditures (6,013,451) (2,320,191) 3,693,260 Other financing sources (uses): Operating transfers in 5,705,928 2,331,239 (3,374,689) Total other financing sources (uses) 5,705,928 2,331,239 (3,374,689) Excess (deficiency) of revenues over (under) expenditures and other financing sources (uses) (307,523) 11,048 318,571 Fund balances at beginning of year 124,404 124,404 - Fund balances at end of year -54- AGENCY FUNDS Agency Funds are used to account for assets held by a government as an agent for individuals, private organizations, other governments and/or other funds. The City of Diamond Bar has one Agency Fund: Deferred Compensation Agency Fund - To account for monies held in trust by the City for employees who elect to defer a portion of their salary until retirement. -55- Exhibit D-1 CITY OF DIAMOND BAR Agency Funds Statement of Changes in Assets and Liabilities Year ended June 30, 1995 - Balance at Balance at July 1. 1994 Additions Deductions June 30. 1995 - DEFERRED COMPENSATION FUND Assets Cash and investments $234,013 91-676 Liabilities Deferred compensation payable WJAIw 91,676$ -56- GENERAL FIXED ASSETS ACCOUNT GROUP -57- Exhibit E-1 CITY OF DIAMOND BAR Comparative Schedule of General Fixed Assets - By Source June 30, 1995 and 1994 -58- 1995 1994 General fixed assets: $1,961,615 1,961,615 Land 859,345 854,908 Buildings 579,301 579,301 Improvements 684.279 611,840 Furniture and equipment Total general fixed assets $4.Os„ 84.540 4.O�4 Investment in general fixed assets by source: $3,002,922 2,931,969 General Fund 98,649 98,154 Donations Federal and state governments 70 9,381 12.588 12 912,953 12,588 Assessment districts Total investment in general fixed assets $4.0�540 AjDZ&L4 -58- Exhibit E-2 CITY OF DIAMOND BAR Schedule of General Fixed Assets - By Function and Activity June 30, 1995 Furniture and Function and Activit v Land Buildings Improvements Equipment Total General Government: City Council $ - - - 8,969 8,969 Administration - - - 422,777 422,777 City Clerk - - - 16,381 16,381 Community Development - - - 15,328 15,328 Finance - - - 59,158 59,158 Other 401,615 11,000 412,615 Total General Government 401,615 533,613 935,228 Public Safety: Sheriff - - - 13,775 13,775 Emergency Preparedness - - - 25,882 25,882 Total Public Safety - - - 39,657 39,657 Public Works 19,735 19,735 Culture and Recreation 1,560.000 859,345 579,301 91,274 3,089,920 Total general fixed assets $1.961.615 859.345 4.084.540 -59- City of Diamond Bar General Governmental Expenditures by Function (1) Since Incorporation in April, 1989 (unaudited) Fiscal General Public Public Culture & Capital Year Government Safety Works Recreation Outlay* 1988-89 $249,482 $438,805 $90,927 $31,296 $0 1989-90 $2,509,540 $3,235,362 $1,143,795 $357,604 $1,027,049 1990-91 $3,322,753 $3,600,879 $1,397,501 $603,997 $949,540 1991-92 $2,923,206 $3,794,887 $1,673,144 $740,687 $359,931 1992-93 $2,963,968 $3,478,006 $2,094,910 $822,559 $1,876,098 1993-94 $2,456,056 $3,819,724 $2,310,313 $976,957 $1,638,409 1994-95 $2,270,162 $4,099,515 $2,678,261 $1,072,288 $1,726,067 Table 1 Debt Service Total $6,325 $816,835 $90,842 $8,364,192 $0 $9,874,670 $0 $9,491,855 $100,000 $11,335,541 $564,790 $11,766,249 $108,780 $11,955,073 Total General Fund Expenditures 14 12 E- -- 10 c 8r r 6 F-- 2 ---- — — - 0 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 Fiscal Year (1) Includes General, Special Revenue and Capital Project Funds. • Note: Capital Outlay includes Street & Highways Expenditures Source: City Finance Department -61- City of Diamond Bar Table 2 General Governmental Revenues by Source (1) Since Incorporation in April, 1989 (unaudited) Fiscal Special Licenses & Inter- Fines & Use of Money Other Year Taxes' Assessments Permits Governmental Forfeitures b Property Revenue Total 1988-89 $21,093 $0 $112,578 $1,371,326 $1,946 $1,650 $46,625 $1,555,218 1989-90 $3,497,401 $409,454 $841,525 $5,271,606 $193,852 $440,520 $8,313 $10,662,671 1990-91 $4,409,302 $422,038 $597,771 $5,993,281 $281,891 $506,081 $55,307 $12,265,671 1991-92 $4,593,790 $466,369 $864,260 $5,067,309 $97,730 $578,340 $273,078 $11,940,876 1992-93 $4,494,173 $469,671 $724,694 $5,910,715 $123,242 $451,077 $101,305 $12,274,877 1993-94 $5,060,850 $499,030 $965,835 $5,539,046 $187,430 $466,209 $38,372 $12,756,772 1994-95 $5,174,343 $476,148 $881,588 $5,640,400 $253,824 $732,693 $56,399 $13,215,395 Total General Governmental Revenues 14 12 --- 10 i I i 8 - 7 6 - i 4 - - -- 2 0 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 Fiscal Year (1) Includes General, Special Revenue and Capital Project Funds Note: 1991-1992 "Other Revenue" includes $179,679 of developer fees collected in the Special Revenue Fund " Note: Taxes category includes Charges for Services. Source: City Finance Department -62- City of Diamond Bar Table 3 Secured Property Tax Levies and Collections Since Incorporation April 1989 (unaudited) Fiscal Total Current Total Current Percent of Levy Deliquent Tax Year Lew CollectionsICo lected Receivables 1988-89 Not Available Not Available Not Available Not Available 1989-90 $908,401 $835,873 92.02% $72,529 1990-91 $1,089,679 $1,013.572 93.02% $76,107 1991-92 $1,232.346 $1,144,019 92.83% $88,327 1992-93 $1,117,482 $1,025,382 91.76% $92,101 1993-94 $1,180,435 $818,467 69.34% $361,969 1994-95 $1,804,068 $1,625,911 90.12% $28,672 Property Tax Collections (in thousands) 2,000 ■ 1,500 C j 0 1,000 0 r - L r 500 0 - 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 199495 - Fiscal Year Note: The City of Diamond Bar settled a property tax lawsuit with Los Angeles County that resulted in additional property tax payments totalling $1,882,789. The funds were received in three (3) payments payments dated February 1994, August 1994 and August 1995. These amounts are not included in the - above figures as they were associated with the initial property tax transfer at the date of incorporation. Source: Los Angeles County Auditor/Controller -63- Net Assessed Value (in millions) 4,000 3,500 N 3,000 2,500 Ir 2,000 1988-89' 1989-90' 1990-91 1991-92 1992-93 1993-94 1994-95 Fiscal Year '1988-89 and 1989-90 estimated by using the combined unincorporated areas of Pomona Unified School and Walnut Valley Unified School District - Source: California Municipal Statistics " Los Angeles County Auditor/Controller reported no Public Utility Valuations Source: Los Angeles County Auditor/Controller -64- City of Diamond Bar Table 4 -- Assessed Value of Secured and Unsecured Property Since Incorporation in April, 1989 (unaudited) — Tax Secured Gross Unsecured Gross Annual Percent Year Assessed Value Assessed Value Public Utility Exemptions Net Assessed Value NAV Increase 1988-89' $2,345,946,185 $0 $0 $0 $2,345,946,185 Not Applicable 1989-90' $2,663,648,618 $0 $0 $0 $2,663,648,618 13.54% 1990-91 $2,926,368,105 $0 $827,618 $5,409,199 $2,921,786,524 9.69% 1991-92 $3,285,467,698 $40,698,263 $692,390 $10,921,667 $3,315,936,684 13.49% 1992-93 $3,493,803,851 $45,032,160 $0" $27,932,643 $3,510,903,368 5.88% 1993-94 $3,536,453,242 $49,709,273 $844,313 $25,119,688 $3,561,887,140 1.45% 1994-95 $3,619,436,021 $57,158,841 $820,862 $33,523,553 $3,643,892,171 2.30% Net Assessed Value (in millions) 4,000 3,500 N 3,000 2,500 Ir 2,000 1988-89' 1989-90' 1990-91 1991-92 1992-93 1993-94 1994-95 Fiscal Year '1988-89 and 1989-90 estimated by using the combined unincorporated areas of Pomona Unified School and Walnut Valley Unified School District - Source: California Municipal Statistics " Los Angeles County Auditor/Controller reported no Public Utility Valuations Source: Los Angeles County Auditor/Controller -64- City of Diamond Bar Table 5 Property Tax Rates - All Direct and Overlapping Governments (Per $100 of Assessed Valuation) Since Incorporation in April, 1989 (unaudited) Fiscal General Los Angeles Walnut Valley Walnut Valley L.A. County L.A. County Metropolitan Year Lew Countv School District Water District Flood Control Sanitation Water District Total Not Available 1988-89 - __ - _ - - Not Available 1989-90 1990-91 - 1.0000000 - 0.0021040 - -- 0.1597230 0.0578770 - 0.0057860 0.0007470 0.0097000 1.2359370 1991-92 1.0000000 0.0018880 0.0404290 0.0516750 0.0053760 0.0002090 0.0089000 1.1084770 1992-93 1.0000000 0.0014090 0.0974170 0.0481650 0.0033970 0.0002060 0.0089000 1.1594940 1993-94 1.0000000 0.0017130 0.0863570 0.0448070 0.0042120 0.0000000 0.0089000 1.1459890 1994-95 1.0000000 0.0019930 0.0649030 0.0000000 0.0060410 0.0000000 0.0089000 1.0818370 Typical Property Tax Rates - (Percent of Assessed Value) 2.000 1.750 1.500 1.250 1.000 0.750 0.500 - 0.250 0.000 - 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 Fiscal Year Note: Property tax rates based on a typical tax rate area. Source: California Municipal Statistics, Inc. -65- City of Diamond Bar Table 6 Principal Taxpayers June 30, 1995 $164,943.610 4.53% Source: L.A. County Assessor 1994/95 Secured & Unsecured Tax Rolls -66- 1994-1995 Percentage of Total Taxpayer Primary Use Assessed Valuation Net Assessed Valuation Diamond Bar Business Associate Commercial $31,014,838 0.85% Landsing Pacific Fund Commercial $25,804,408 0.71% Martin Brattrud Properties Commercial $20,587,853 0.57% Hidden Manna Corporation Commercial $18,588,559 0.51% Nikko Capital Corporation Commercial $12,855,569 0.35% J F Shea Company, Inc. Industrial $12,444,848 0.34% Margaret M. Tam Trust Residential $11,818,350 0.32% Lincoln Emerald Pointe Residential $11,818,167 0.32% Nugit Maple Santee Partnership Commercial $10,045,029 0.28% TCEP II Properties Joint Venture Commercial $9,965,989 0.27% $164,943.610 4.53% Source: L.A. County Assessor 1994/95 Secured & Unsecured Tax Rolls -66- City of Diamond Bar Computation of Legal Debt Margin June 30, 1995 (unaudited) Assessed Valuations: Assessed Value Add Back: Exempt Property Total Assessed Value Legal Debt Margin: Debt Limitation - 15% of Total Assessed Value' Debt Applicable to Limit Total Bonded Debt Less: Special Assessment Bonds Revenue Bonds Available for Repayment of General Obligation Bonds Total Debt Applicable to Limitation Legal Debt Margin The City of Diamond Bar has no bonded indebtedness. Section 43605 of the California Government Code Source: City Finance Department, Los Angeles County Auditor/Controller -67- $0 $0 $0 $0 Table 7 $3,643,892,171 $33,523,553 $3,677,415,724 $551,612,359 $0 $551,612,359 City of Diamond Bar Computation of Direct and Overlapping Debt June 30, 1995 (unaudited) Government Los Angeles County Los Angeles County General Fund Obligations Los Angeles County Pension Obligations Los Angeles County Superintendent of Schoos Certificates of Participation Los Angeles County Flood Control District Los Angeles County Flood Control District Certificates of Participation Metrolpolitan Water District Mount San Antonio Community College District Certificates of Participation Pomona Unified School District Pomona Unified School District Certificates of Participation Walnut Valley Unified School District Los Angeles County Sanitation District #21 Authority Walnut Valley Water District General Fund Obligations Walnut Valley Water District, I.D. #3 City of Diamond Bar TOTAL GROSS DIRECT AND OVERLAPPING BONDED DEBT Table 8 % Applicable Debt @ 6/30/95 0.798% $563,348 0.798% $16,627,154 0.798% $20,324,064 0.798% $106,370 0.832% $581,734 0.832% $1,873,622 0.451% $2,827,342 13.559% $1,129,465 26.992% $14,170,800 26.992% $4,131,126 76.659% $39,057,761 23.471% $7,556,974 64.282% $15,379,469 99.221% $3,105,617 100.000% $0 $127,434,846 Less: Los Angeles County Certificates of Participation (100% self supporting from leasehold revenue on properties in Marina Del Rey) $1,075,584 Walnut Valley Water District General Fund Obligations $15,379,469 TOTAL NET DIRECT AND OVERLAPPING BONDED DEBT $110,979,793 (1) Excludes tax and revenue anticipation notes, revenue, mortgage revenue and tax allocation bonds and non -bonded capital lease obligations Ratios to Assej5ed Valuation: Direct Debt 0.00% Total Gross Debt 3.50% Total Debt 3.05% State School Building Repayable as of 06/30/95: $5,759 Source: California Municipal Statistics, Inc. -68- Type of Coverage Liability: General Liability, Automobile Liability, Bodily Injury, Property Damage, Personal Injury Special Liability: City of Diamond Bar Schedule of Insurance In Force June 30, 1995 ii 10174 r _- Table 9 $10,000,000 combined single limit Self Insured Program/ limit each occurrence, $25,000,000 Southern California Joint aggregate. $20,000 self-insured Powers Insurance Authority retention Policy Period 07/l/94-07/1195 Errors and Ommissions, Employ- $1,000,000 each occurence, Self Insured Program/ 07/1/94-0711/95 ment Practices Injury, Contractual $2,000,000 aggregate. Retained Southern California Joint Liability Injury, Broadcast/Publication loss of $20,000 per occurance and Powers Insurance Authority Publication Injury, Employee Benefits, 20% copayment Western Surety 08/01/94 - 08/01/95 — Administration Injury, Discimination $25,000 limit - City Clerk Injury Property: All -Risk, including buildings, $1,972,095 limit, deductible of Zurich Insurance 01/01/95 - 01/01/96 contents, garaged vehicles, $5,000 per occurrence Insurance Fund — contractor's equipment, fine arts, rental income and other mis- cellaneous extensions of coverage Automobile Physical Damage $93,521 limit, deductible of Zurich Insurance 01/01/95 - 01/01/96 $1,000 per occurrence Crime: Public Employee Honesty Blanket $25,000 limit Western Surety 08/01/94 - 08/01/95 Bond Public Official Bond (Mayor, City $100,000 limit (except City Clerk) Western Surety 08/01/94 - 08/01/95 Manager/Treasurer, City Clerk, $25,000 limit - City Clerk Accounting Manager Workers' Compensation: Work-related injury/illness claims California statutory limit; State Compensation 10/01/94 - 10/01/95 — for temporary and permanent $1,000,000 employer's liability Insurance Fund disability Source: City Finance Department -69- CITY OF DIAMOND BAR Table 10 DEMOGRAPHIC AND MISCELLANEOUS STATISTICAL INFORMATION JUNE 30, 1995 Dateof Incorporation...............................................................................................April 18, 1989 Formof Government..........................................................................................Council-Manager Area..................................................................................................................14.9 Square Miles Milesof Streets.......................................................................................................................137 Employees(full-time)................................................................................................................26 Fire Protection (Los Angeles County Consolidated Fire Protection District): Numberof Stations........................................................................................ Number of Firemen and Officers.................................................................... Police Protection (Contract with Los Angeles County): .......................3 .....................40 Numberof Stations....................................................................I..................... Numberof Officers............................................................................................. Sewers: SanitarySewers.......................................................................................................... St S e . rs.................................................. ....................1 .... ...............27 146.88 ,.31.95 %J1 m ew.......................................................... Recreation and Culture: CommunityCenters.................................................................................................................10 Parks..................................................................................................................................... Park Acreage (developed)....................................................................................................45.4 Park Acreage (undeveloped)...................................................................................................97 Education: ElementarySchools(K-6).........................................................................................................7 MiddleSchools(6-8).................................................................................................................2 Jr. High Schools(7-8)...............................................................................................................1 HighSchools(9-12)..................................................................................................................1 Population:* Percentage Q11g Population Increase 1989 60,000** - 1990 53,672 -10.55 1991 53,596 - 0.14 1992 53,576 - 0.04 1993 54,315 1.32 1994 54,507 0.35 1995 54,284 - 0.41 ** Estimate Only * Source: State of California, Department of Finance -70- - City of Diamond Bar Table 11 Residential and Commercial Construction $377,224,000 Since Incorporation in April, 1989 1992-93 (Unaudited) 1993-94 $379,581,000 New Construction Not Available Fiscal Residential (1) Commercial Year Units Value Units Value 1988-89 Not Available Not Available 1989-90 39 $12,246,600 6 $269,372 1990-91 24 $6,989,816 17 $1,528,280 1991-92 26 $13,596,000 1 $500,000 1992-93 11 $6,757,000 2 $558,000 1993-94 10 $6,053,000 0 $0 1994-95 8 $4,619,400 0 $0 Alterations and Additions Fiscal Residential (1) Commercial Year Units Value Units Value — 1988-89 Not Available Not Available 1989-90 437 $4,085,588 212 $4,036,302 1990-91 744 $8,868,435 83 $11,361,825 - 1991-92 638 $10,799,186 68 $3,585,038 1992-93 600 $6,894,000 94 $6,259,900 1993-94 570 $5,781,300 95 $4,839,400 — 1994-95 487 $5,649,500 81 $2,454,800 Bank Deposits 1986-89 $321,853,000 1989-90 $343,605,000 1990-91 $377,224,000 1991-92 $381,710,000 1992-93 $371,506,000 1993-94 $379,581,000 1994-95 Not Available (1) Includes multiple dwellings Source: City's Contract Building & Safety Provider, Findley Reports -71- City of Diamond Bar Table 12 - Ratio - Unreserved General Fund Balance to Annual General Fund Expenditures Since Incorporation in April, 1989 _ (unaudited) 1988_89 1989-90 199021 1991_-_92 1992-93 1993-944 1994-95 Unreserved General Fund Balance $50,915 $1,375,030 $2,200,322 $3,019,852 $3,305,067 $5,677,619 $7,711,454 Annual General Fund Expenditures $798,947 $6,600,559 $8,031,832 $8,208,271 $8,232,941 $9,329,431 $8,241,463 Ratio 0.064 0.208 0.274 0.368 0.401 0.609 0.936 - General Fund Ratio 1I 1■I � 0.8 i, 0.6 0.4 I 0.2 r 0 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 Fiscal Year Source: City Finance Department -72- CITY OF DIAMOND BAR Schedule of Credits June 30, 1995 Name Terrence L. Belanger, City Manager Linda G. Magnuson, Accounting Manager Joann M. Gitmed, Senior Accountant Conrad and Associates, C.P.A. Source: City of Diamond Bar Area of Contribution General Overview Letter of Transmittal General Overview Letter of Transmittal Statistical Tables -73- Statistical Tables Financial Statements Notes to Financial Statements Table 13 CITY OF DIAMOND BAR Diamond Bar, California Single Audit Report on Federal Assistance Programs Year ended June 30, 1995 CITY OF DIAMOND BAR Single Audit Report on Federal Assistance Programs Year ended June 30, 1995 TABLE OF CONTENTS PM Independent Auditors' Report on Schedule of Federal Financial Assistance I Schedule of Federal Financial Assistance 2 Independent Auditors' Report on Internal Control Structure Based on an 3 Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Independent Auditors' Report on Internal Control Structure Used in 5 Administering Federal Financial Assistance Programs Independent Auditors' Report on Compliance Based on an Audit of General 8 Purpose Financial Statements Performed in Accordance with Government Auditing Standards Independent Auditors' Report on Compliance with General Requirements 9 Applicable to Federal Financial Assistance Programs Independent Auditors' Report on Compliance with Specific Requirements 10 Applicable to Nonmajor Federal Financial Assistance Program Transactions Status of Prior Audit Findings Findings and Recommendations 11 12 CON RAD EASSOCIATES f A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS L.L.P. The Honorable Mayor and City Council City of Diamond Bar, California CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITORS' REPORT ON SCHEDULE OF FEDERAL FINANCIAL ASSISTANCE 1100 MAIN 5I Kt[ I, ZIV I I E %- IRVINE, CALIFORNIA 92714 (714) 474.2020 We have audited the general purpose financial statements of the City of Diamond Bar, California, as of and for the year ended June 30, 1995, and have issued our report thereon dated September 1, 1995. These general purpose financial statements are the responsibility of the management of the City of Diamond Bar, California. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards, Government Auditing Standards, issued by the Comptroller General of the United States, and the provisions of Office of Management and Budget Circular A-128, "Audits of State and Local Governments.I. Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Our audit was conducted for the purpose of forming an opinion on the general purpose financial statements of the City of Diamond Bar, California, taken as a whole. The accompanying schedule of federal financial assistance is presented for purposes of additional analysis and is not a required part of the general purpose financial statements. The information in that schedule has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general purpose financial statements taken as a whole. September 1, 1995 -1- MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION CITY OF DIAMOND BAR Schedule of Federal Financial Assistance Year ended June 30, 1995 Federal Grantor/Program Title U.S. Department of Housing and Urban Development: Passed through County of Riverside, Environmental Development Department: Community Development Block Grant Program - Entitlement Grant U.S. Federal Emergency Management Agency: Passed through the State of California Disaster Assistance Program Total Federal Financial Assistance Grant Grant Accrued Federal Grant Funds Funds Revenue at CFDA No. I.D. Received E=Lnded -Tune 30. 1995 14.218 - $136,130 190,439* 54,309 83.516 - - 14 4 14-164 * Nonmajor program tested as a major program See accompanying independent auditors' report. -2- CON RAD E��ssOCIATES A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS L.L.P. The Honorable Mayor and City Council City of Diamond Bar, California CERTIFIED PUBLIC ACCOUNTANTS 11W MAIN 31 MCC I, JL/IIG -IRVINE, CALIFORNIA 92714 (714) 474-2020 INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL STRITCTURE A T nTTnnf%CV riwAwrYAT. STATEMENTS We have audited the general purpose financial statements of the City of Diamond Bar, California, as of and for the year ended June 30, 1995, and have issued our report thereon dated September 1, 1995. We conducted our audit in accordance with generally accepted auditing standards, OMB a Circular A-128, "Audits of State and Local Governments, and Gove n Sla-n—dar-da, issued by the Comptroller General of the United States. Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of the City of Diamond Bar is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. In planning and performing our audit of the financial statements of the City of Diamond Bar for the year ended June 30, 1995, we obtained an understanding of the internal control structure. With respect to the internal control structure, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide an opinion on the internal control structure. Accordingly, we do not express such an opinion. We noted certain matters involving the internal control structure and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control structure that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. These reportable conditions are found in the Findings and Recommendations section. -3- MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION The Honorable Mayor and City Council City of Diamond Bar, California Page Two Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a reportable condition in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider to be material weaknesses as defined above. We also noted other matters involving the internal control structure and its operation that we have reported to the management of the City of Diamond Bar, California in a separate letter dated November 29, 1995. This report is intended for the City management and agencies that provided federal financial assistance to the City. However, this report is a matter of public record and its distribution is not limited. September 1, 1995 M41a 50'e,4&/ -4- CONRAD CERTIFIED PUBLIC ACCOUNTANTS SSOCIL )TES , L.L.P. IR 1MAIN STREET, SUITE C IRVINE, CALIFORNIA 92714 (714) 474.2020 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS The Honorable Mayor and City Council City of Diamond Bar, California INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL STRUCTURE USED IN ADMINISTERING FEDERAL FINANCIAL ASSISTANCE PROGRAMS We have audited the general purpose financial statements of the City of Diamond Bar, California, as of and for the year ended June 30, 1995, and have issued our report thereon dated September 1, 1995. We conducted our audit in accordance with generally accepted auditing standards; Government Auditing Standards, issued by the Comptroller General of the United States; and Office of Management and Budget (OMB) Circular A-128, "Audits of State and Local Governments." Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. In planning and performing our audit for the year ended June 30, 1995, we considered the internal control structure of the City, in order to determine our auditing procedures for the purpose of expressing our opinion on the City's general purpose financial statements and to report on the internal control structure in accordance with OMB Circular A-128. This report addresses our consideration of internal control structure policies and procedures relevant to compliance with requirements applicable to federal financial assistance programs. We have addressed internal control structure policies and procedures relevant to our audit of the general purpose financial statements in a separate report dated November 29, 1995. The management of the City of Diamond Bar is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal financial assistance programs are managed in compliance with applicable laws and regulations. Because of inherent limitations in any internal control structure, errors, irregularities, or instances of noncompliance may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. -5- MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION The Honorable Mayor and City Council City of Diamond Bar, California Page Two For the purpose of this report, we have classified the significant internal control structure policies and procedures used in administering federal financial assistance programs in the following categories: Ac counting ontrols: • Purchases/Disbursements • Payroll/Personnel • Revenues/ Receipts Controls used in administeringLindividual federal financial assistance programs General Requirements: • Political activity • Davis—Bacon Act • Civil rights • Cash management • Relocation assistance and real property acquisition • Federal financial reports • Allowable costs/cost principles • Drug—free Workplace Act • Administrative requirements Specific Requirements: • Types of services allowed or unallowed • Eligibility • Matching, level of effort, or earmarking • Reporting • Cost allocation • Special requirements • Claims for advances and reimbursements • Monitoring subrecipients • Amounts claimed or used for matching For all of the internal control structure categories listed above, we obtained an understanding of the design of relevant policies and procedures and determined whether they have been placed in operation, and we assessed control risk. During the year ended June 30, 1995, the City of Diamond Bar, California, had no major federal financial assistance programs and expended 93 percent of its total federal financial assistance under the following nonmajor federal financial assistance program: Community Development Block Grant -6- The Honorable Mayor and City Council City of Diamond Bar, California Page Three We performed tests of controls, as required by OMB Circular A-128, to evaluate the effectiveness of the design and operation of internal control structure policies and procedures that we considered relevant to preventing or detecting material noncompliance with specific requirements, general requirements, and requirements governing claims for advances and reimbursements and amounts claimed or used for matching that are applicable to the aforementioned nonmajor program. Our procedures were less in scope than would be necessary to render an opinion on these internal control structure policies and procedures. Accordingly, we do not express such an opinion. We noted certain matters involving the internal control structure and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control structure that, in our judgment, could adversely affect the City of Diamond Bar, California's ability to administer federal financial assistance programs in accordance with applicable laws and regulations. These reportable conditions are found in the Finding and Recommendation section. A material weakness is a reportable condition in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively low level the risk that noncompliance with laws and regulations that would be material to a federal financial assistance program may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control policies and procedures used in administering federal financial assistance would not necessarily disclose all matters in the internal control structure that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses as defined above. However, we believe none of the reportable conditions described above is a material weakness. We also noted other matters involving the internal control structure and its operation that we have reported to the management of the City of Diamond Bar, California, in a separate letter dated November 29, 1995. This report is intended for the information of the City management and agencies that provided federal financial assistance to the City. However, this report is a matter of public record and its distribution is not limited. September 1, 1995 -7- CONRAD SSOC IATES A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS L.L.P. The Honorable Mayor and City Council City of Diamond Bar, California CERTIFIED PUBLIC ACCOUNTANTS 11UU MAIN 51 Ktt 1, ZOUI1t %. IRVINE, CALIFORNIA 92714 (714) 474-2020 INDEPENDENT AUDITORS' REPORT ONCOMPLI WCEBASED ON A D AUDIT OF GENERAL PURPOSE FINANCIAL IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS We have audited the general purpose financial statements of the City of Diamond Bar, California as of and for the year ended June 30, 1995, and have issued our report thereon dated September 1, 1995. We conducted our audit in accordance with generally accepted auditing standards, OMB Circular A-128, "Audits of State and Local Governments," and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to the City of Diamond Bar, California is the responsibility of the management of the City. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we performed tests of the City's compliance with certain provisions of laws, regulations, contracts, and grants. However, the objective of our audit of the general purpose financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. This report is intended for the information of the City management and the agencies that provided federal financial assistance to the City. However, this report is a matter of public record and its distribution is not limited. R 0/ d33au', September 1, 1995 -8- MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION CON RAD CERTIFIED PUBLIC ACCOUNTANTS S^OC* A TES , 1100 MAIN STREET, A 927 �`J IIL�yI FLS L.L.P. IRVINE, CALIfORNIA92714 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS (714) 474-2020 The Honorable Mayor and City Council City of Diamond Bar, California INDEPENDENT AUDITORS' REPORT ON COMPLIANCE WITH GENERAL REQUIREMENTS APPLICABLE TO FEDERAL FINANCIAL ASSISTANCE PROGRAMS We have audited the general purpose financial statements of the City of Diamond Bar, California, as of and for the year ended June 30, 1995, and have issued our report thereon dated September 1, 1995. We have applied procedures to test whether the City has complied with the following requirements applicable to its federal financial assistance programs, which are identified in the Schedule of Federal Financial Assistance for the year ended June 30, 1995: political activity, Davis -Bacon Act, civil rights, cash management, relocation assistance and real property acquisition, federal financial reports, allowable costs/cost principles, Drug -Free Workplace Act and administrative requirements. Our procedures were limited to the applicable procedures described in the Office of Management and Budget's "Compliance Supplement for Single Audits of State and Local Governments". Our procedures were substantially less in scope than an audit, the objective of which is the expression of an opinion on the City's compliance with the requirements listed in the preceding paragraph. Accordingly, we do not express such an opinion. With respect to the items tested, the results of those procedures disclosed no material instances of noncompliance with the requirements listed in the second paragraph of this report. With respect to items not tested, nothing came to our attention that caused us to believe that the City had not complied, in all material respects, with those requirements. Also, the results of our procedures did not disclose any immaterial instances of noncompliance with those requirements. This report is intended for the information of the City, management and the agencies that provided federal financial assistance to the City. However, this report is a matter of public record and its distribution is not limited. 610o4a/ / 450.4" Z. 4-R. P. September 1, 1995 -9- MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION • f 'ASSOCIATES, L.L.P. A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS The Honorable Mayor and City Council City of Diamond Bar, California CERTIFIED PUBLIC ACCOUNTANTS 1100 MAIN STREET, SUITE C IRVINE, CALIFORNIA 92714 (714) 474-2020 INDEPENDENT AUDITORS' REPORT ON COMPLIANCE WITH SPECIFIC r'rr+TrTn>��rwTmcTc AUT E TO NON 4AJOR r I� I� w r r �,a,nasi, FEDERAL FINANCIAL ASSISTANCE PROGRAM TRANSACTIONS We have audited the general purpose financial statements of the City of Diamond Bar, California as of and for the year ended June 30, 1995, and have issued our report thereon dated September 1, 1995. In connection with our audit of the general purpose financial statements of the City of Diamond Bar, California and with our consideration of the City's control structure used to administer federal financial assistance programs, as required by Office of Management and Budget (OMB) Circular A-128, "Audits of State and Local Governments," we selected certain transactions applicable to certain nonmajor federal financial assistance programs for the year ended June 30, 1995. As required by OMB Circular A-128, we have performed auditing procedures to test compliance with the requirements governing types of service allowed or unallowed; eligibility; claims for advances and reimbursements; monitoring subrecipients; and special requirements; that are applicable to those transactions. Our procedures were substantially less in scope than an audit, the objective of which is the expression of an opinion on the City's compliance with these requirements. Accordingly, we do not express such an opinion. With respect to the items tested, the results of those procedures disclosed no material instances of noncompliance with the requirements listed in the preceding paragraph. With respect to items not tested, nothing came to our attention that caused us to believe that the City had not complied, in all material respects, with those requirements. Also, the results of our procedures did not disclose any immaterial instances of noncompliance with those requirements. This report is intended for the information of the City management and the agencies that provided federal financial assistance to the City. However, this report is a matter of public record and its distribution is not limited. September 1, 1995 -10- MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION CITY OF DIAMOND BAR Status of Prior Audit Findings There were no findings disclosed in the audit report for the year ended June 30, 1994. -11- CITY OF DIAMOND BAR Finding and Recommendation Year ended June 30, 1995 (1) Safeguarding of Cash Receipts Cash receipts are received by the City in the Engineering Department and in the reception area of the Finance Department. The City does not use cash drawers to safeguard the receipts received. Cash receipts are kept in an unlocked drawer in the Accounting Manager's office until they are deposited in the bank each day. Sometimes receipts received in the Engineering Department are not forwarded to the Finance Department immediately depending on how busy Engineering is at the time of receipt. Cash receipts should be adequately safeguarded to ensure that possible loss or theft does not occur. Recommendation We recommend that the City implement the use of cash drawers in the area where cash receipts are being received (i.e., the Engineering Department and the reception area). This could be in a locked box or a drawer in the area that is locked. The person receiving the cash should do an independent reconciliation of the receipts received each day. A tape of all checks and cash received and all cash receipts prepared should be run and compared to determine that all cash received agrees to the cash taken in during the day. The accounting clerk can then verify that the reconciliation is accurate, prepare the deposit, and record cash receipts in the accounting system. Management Comments Regarding Corrective Action Planned Locking cash drawers will be provided in the Public Works Department, Community Development Department, and the City's reception area. All cash receipts will be placed in these drawers and balanced on a daily basis by the responsible personnel. The cash receipts will be collected for deposit by the Finance Department each afternoon. The City's Public Works Department has been greatly impacted by the success of the Transit Subsidy program. For approximately ten days each month, the department collects large volumes of cash and checks pertaining to the sale of transit passes. These cash receipts and passes have been kept in a locked cash box since the inception of the program. The cash receipts have been balanced and transmitted to the Finance Department for deposit. Due to time and staff constraints the deposits were not always submitted to the Finance Department on a daily basis. Since the hiring of a part-time intern, the department has been able to submit the cash receipts and reconciliation on a daily basis. Cash receipts from public works, building and safety, and recreation have always been independently reconciled and balanced prior to their submission to the Finance Department. Part of the cash receipts process includes the creation of a cash receipt for the customer. These cash receipt forms are a four part form. The white goes to he customer, the yellow is the departmental copy, and the pink and goldenrod copies go to the Finance Department. The receipt forms are numerically controlled making it very difficult for the possibility of loss or theft to occur. -12- RE U Mm I m�.,hNVA REPORT AUhNllA NO. % J TO: Terrence L. Belanger, City Manager MEETING DATE: December 19, 1995 REPORT DATE: December 6, 1995 FROM: George A. Wentz, City Engineer TITLE: Award of Plan Checking Services for Vesting Tentative Tract 47850 Improvement Plans and Final Map. SUMMARY: On December 6, 1995 Diamond Bar Associates submitted their Vesting Tract Map 47850 and all of the related improvement plans to the City for plan check. At this time, staff recommends that the plan checking services for Vesting Tract Map 47850 be awarded to Hall and Foreman Inc. RECOMMENDATION That the City Council award the plan -checking services of Vesting Tentative Tract 47850 improvement plans and Final Map, in the Country, to Hall and Foreman Inc., in an amount not -to -exceed $27,803.00. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's Office) Ordinances(s) X Other: Proposals (on file in City Clerk's Office) REVIEWED BY: Ter ence L. langer City Manager Vj Fink M. "UgrfeV '�- A. i�entz Assistant City Manager City Engineer X Agreements) (On File in City Clerk's Office) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney? X Yes No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes X No 4. _ Has the report been reviewed by a Commission? Yes X No _ Which Commission? 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: N/A REVIEWED BY: Ter ence L. langer City Manager Vj Fink M. "UgrfeV '�- A. i�entz Assistant City Manager City Engineer CITY COUNCIL REPORT. AGENDA NO. MEETING DATE: December 19, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Plan Checking Services for Vesting Tract Map 47850 Improvement Plans and Final Map. ISSUE STATEMENT: To award plan checking services to Hall and Foreman, Inc., for the plan checking of Vesting Tract Map 47850 improvement plans and final map, in the Country. RECOMMENDATION: That the City Council award the plan checking services of Vesting Tract Map 47850 improvement plans and final map, in the Country, to Hall and Foreman, Inc. in an amount not -to -exceed $27,803.00. FINANCIAL SUMMARY: The plan checking services will be funded by the $33,659.00 plan check fees which the Developer "Diamond Bar Associates" deposited with the City on December 6, 1995 for this project and the $4,315 which he will deposit after the first plan -check is complete. The $27,802.50 is based on 75% of the $35,974.00 calculated fees and 82.25% of the $1,000 deposit charged to review the hydrology report for the Tract. BACKGROUND/DISCUSSION: At the October 18, 1994 City Council meeting, the City Council retained four qualified engineering firms to provide plan checking and public works inspection services on an as -needed and rotational basis for a period of two years. Each individual assignment under this contract is not to exceed $10,000.00. On December 6, 1995, "Diamond Bar Associates" submitted their Final Tract Map 47850 and all of this Tract's related improvement plans (i.e. grading, storm drain, sewer and street plans for plan check by the City). The associated plan check fees for these plans were as follows and 91% of the total fees were paid by Diamond Bar Associates on submittal: Page 2 TR. 47850 December 19, 1995 FINAL MAP GRADING STORM DRAIN SEWER STREETS SOILS (BY OTHERS): TOTAL $5,300.00 $7,839.00 $3,297.00 (Incl. $1000.00 deposit) $11,271.00 $9,267.00 $1,000.00 $36,974.00 $'1 , 0 0 0. 00 OTHERS) (BY Of the four qualified engineering firms (Bryan Stirrat and Associates, Charles Abbott and Associates, Hall and Foreman and RKA Civil Engineers), Hall and Foreman, Inc. is deemed to be the recipient of said service on a rotational basis. The Final Map and all of the improvement plans need to be concurrently plan - checked to avoid inconsistencies and to maintain the integrity of the project. Plan Checking Services for the Final Map encompasses having an Engineer review the Final Tract Map and all of the construction plans for the proposed improvements that will be constructed as a condition of approval of the Tract and ensuring compatability between the street, storm drain and sewer layout. PREPARED BY: Anne M. Garvev CITV OF DULMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: December 19, 1995 REPORT DATE: December 14, 1995 FROM: Bob Rose, Community Services Director TITLE: REQUEST FOR BUDGET ADJUSTMENT / SUBSTITUTE OF SUB -CONTRACTOR FOR MAPLE HILL PARK A.D.A. RETRO -FIT PROJECT, PHASE I SUMMARY: The City of Diamond Bar has a City Council approved contract with Allied Engineering and Construction, Inc. to construct the A.D.A. modifications at Maple Hill Park, in the amount of $154,661.84, plus a contingency not to exceed $6,000. On October 17,1995, the City Council approved Change Order #1 in the amount of $7,681.56 and approved a budget adjustment for this project in the Continued on Page 2 RECOMMENDED ACTION: It is recommended that the City Council approve a Budget Adjustment of $10,010 from the C.D.B.G. Reserves Fund to the Maple Hill Park ADA Retro -fit project, Phase I. It is further recommended that the City Council approve Change Order #2 in the amount of $9,100 and provide for an additional 10% (of the change order amount) contingency in the amount of $910 for the project. Also, it is recommended that the City Council approve the substitution of the landscaping sub- contractor from E.S.T. Associates to Mercado's Landscape. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specifications (on file in City Clerk's Office) Ordinance(s) Other: Project Change Order Agreement(s) Certified Letter to Sub -contractor Response Letter from Sub -contractor EXTERNAL DISTRIBUTION: 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 vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No 5. Are other departments affected by the report? Yes _ No Report discussed with the following affected departments: Building and Safety and Community Development Dept. (CDBG) REV D BY: Terrence L. B1 ger Frank ser Bob Rose City Manager Assistant City Manager Community Services Director Agenda Report Maple Hill Budget Adjustment/Substitution of Sub -contractor Meeting Date: December 19, 1995 Page Two SUMMARY: (continued) amount of $9,460. Change Order #1 was necessary due to sloughing of the adjacent slope resulted in additional dirt to grade than what was stated in the plans. Now, due to a 4.4% cross -slope in the parking lot that was not stated in the plans, there is extensive demolition and grading work required to make the handicap parking stalls and handicap ramp accessible to the handicapped. Therefore, Change Order #2 in the amount of $9,100 has been prepared in order to complete this required additional work. Staff is also requesting an additional $910 (10% of the change order amount) in contingency funds for the project. Change Order #2 and the 10% contingency bring the total budget adjustment request to $10,010. The budget adjustment will be funded with C.D.B.G. Reserve Funds. There are over $89,000 in C.D.B.G. Reserve Funds available. Also, the prime contractor, Allied Engineering and Construction, Inc., has requested approval to substitute a new landscape sub -contractor to complete the landscape work involved in this project. State Public Contract Code section 4107(a) states that the awarding authority must consent to the substitution. State Code allows for the substitution if the sub -contractor fails to perform the work, and if the sub -contractor has been served with certified notice of the intended substitution in order to provide him with the opportunity to object to the substitution. No objection to the substitution was received, rather, in this case, a letter from the original landscape sub -contractor was received that requested that the substitution be approved. A copy of that letter is attached. 12-15-1995 01:27PM FROM ALLIED EC INC TO 19098613117 P.03 cmm ac blm d =a !1440 2. c"uq agiv& aim aar, cm 90" ; PROJECT CH4NGE ORDER atm 111f1wi 11itrYti.�O h�a�� re err. r��w�� _ xMXcl TO P%ccz= T/io/91 �,_ Tarr=, or c arae wzm i 3� SCHIDULUcoerLas�a� ams ,�q�,�uws. owe s comt r• Aullbu:so xmm rAs wmzmsxa �m 1. cm 64dalt te and and j■amt cufts and Zttwo is b■poloNp pat'kiog ares of 9— mW. mg ;last pm pUm apporow*d 12/13193. 2. leerro 2% unias MM. slcpw. 3. Caostmozaaoerata hadimp aoomm rm* iod ad U=m a and ldtomm 3a bM3ftcao ptams of porm ut par p um appavMaci 12/13/95. 4. /add 12 ! days to pmjeet advAule to owb] is thu *wk. 3. Acid 89 �D to =zda ect to caplo" tbi& wrk. THR. Ali0 wi or "m voM47 am UIXL By "M sat air z c�tnic s�uct c� L2_ a�1�cs elt� o mmz=mo . DY MR INA DA's MPWVP ST voWWT ock oDlllh'1'o TOTAL P.03 Det.11 '95 14:42 SAIFAX520 series P. 2 C9 G• P.A. I Aw 8.0 10'-0" I Q o,� CONG. - CONC+ HANDICAP PARKING STALL Dec.11 '95 14:42 SPkFAX520 series P. 3 -r"" '7tf5CdTN� REFLECTOR12ED INTERN ZONAL ACCESSISILt TY SIGN, MOUNTED 2' D1A. GALVANIZED TUBULAR STEEL POET, SET IN 12"W X v 8"D CONCRETE FOOTING. IGH TO BE MOUNTED AT 80" MIN. HEIGHT WITH (2) BOLTS, MIN. POST TO BE CENTERED.ON PARKING STALL, 2. 70 SO. IN. AEFLECTORIZED INTERNATIONAL ACCESSIBILITY SIGN AN0 VAKWXESSI8L.E' SIGN, MOUNTED ON 2' DIA. GALVANIZED TU8ULAR STEEL. POST, SST' IN'IrW;X.18"D CONCRETE FOOTING, LOWER SIGN TO SE MOUNTED AT 80" MIN, HEIGHT YVIT1Ti {2} 80 T5 MIN, POST TO 6E CENTERED ON PARKING ST ALL. 3, CONCR P.AMP, NATURAL GRAY WITH?AEDIUM BROO14.4 FINISH a. PARKING STRIPING, 4" V- IDE, ll" rN'r � � W Cr 5. ACCESSIBILITY SYN,BCL, 38' X 3b', -� (0r r it CloNG. +� Go, PPc'�IIN6 Ta ,,.. ff [or] N6 � ; INS-- � 05)'N l WtMWLI eToP I C Phyllis E. Papen Mayor Gary H. Werner Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Recycled papev October 16, 1995 City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 917654177 (909) 860-2489 - Fax (909) 861-3117 E.S.T. Associates, Inc. Environment and Soilscape Technology 3049 Sugarloaf Drive Riverside, CA 92507 Dear Sir: E.S.T. Associates, Inc. is listed as the landscape subcontractor in the contract with Allied Engineering and Construction, Inc. for the A.D.A. Retro -fit of Maple Hill Park. The City of Diamond Bar has been notified by Allied Engineering and Construction, Inc. that E.S.T. Associates, Inc. refuses to perform the landscape subcontract. Allied Engineering and Construction, Inc. has requested consent to substitute another landscape contractor for this project. Per State Code section 4107 (a), E.S.T. Associates, Inc. has five working days to notify the City of Diamond Bar in writing of its objection to the substitution of another landscape contractor for this project. Failure to notify the City of Diamond Bar with a written objection within five working days shall constitute E.S.T. Associates, Inc's consent to the substitution. Please contact me at (909) 396-5694 with any questions. Sincerely, Bob Rose Community Services Director cc: Terrence L. Belanger, City Manager Mike Jenkins, City Attorney Kellee Fritzal, Administrative Assistant Allied Engineering and Construction, Inc. E S T ASSOCIATES INC. ENVIRONMENT AND SOIISC"IF TECHNOLOGY TELEPHONE AND FAX (909) 682-0940 3049 SUGARLOAF DR. RIVERSIDE CA. 92507 10-17-95 Bob Rose, Director Dept. of Community Services 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 917654177 Dear Mr. Rase, Lo Following our telephone conversation this morning, and receiving your letter of October 16, 95 concerning landscape and irrigation of Maple Hill Park, I have decided to withdraw from the project. The delay of the project is the main reason behind our decision. We were ready to perform the job two months ego based on the time frame of the project Unfortunately, the job was not ready for us to move in. Allied Engineering and Construction has been informed and agreed to the decision. Therefore, we have no objection to Allied request to substitute another landscape contractor for this project. Sincerely, , "I N - �ai Lk� Dariush Bakhtar, Vice President RESOLUTION NO. RESOLUTION OF THE CITY OF DIAMOND BAR SUPPORTING THE WALNUT VALLEY WATER DISTRICT IN ITS EFFORTS TO HAVE THREE VALLEYS MUNICIPAL WATER DISTRICT EQUITABLY LEVY l%1WD'S NEW READINESS -TO -SERVE CHARGE WHEREAS, Walnut Valley Water District (WVWD) was formed for the purpose of providing water supplies to a service area which encompasses the City of Diamond Bar; and WHEREAS, WVWD purchases 100 percent of its water from Three Valleys Municipal Water District (Three Valleys), which receives such water from Metropolitan Water District (MWD), for delivery to its member agencies; and WHEREAS, MWD has now adopted a fee schedule, effective July 1, 1995, which contains a readiness -to -serve charge; and WHEREAS, Three Valleys will be assessed this readiness -to -serve charge based upon its rolling historic average purchases of water from MWD, and is now being partially collected as a parcel charge throughout WVWD's service area; and WHEREAS, Three Valleys has determined it will experience an anticipated revenue shortfall in future years to pay these charges if said parcel charge is discontinued; and WHEREAS, Three Valleys has the option to continue having MWD collect its parcel charge as it did for 1995-96, impose an additional standby charge, or increase its water rates to offset the shortfall in anticipated revenues occasioned by the imposition of the readiness -to -serve charge; and WHEREAS, the availability of water equally benefits all land within Three Valleys, and WHEREAS, if Three Valleys increases its water rates and charges to make up the revenue required, the major water users and tax supported agencies in the City of Diamond Bar will be paying a disproportionate share of the entire amount of such charges and the owners of property in other areas not presently receiving or using their full allocation of water will be relieved of such additional charges; and WHEREAS, it is inequitable and unfair to allow owners of undeveloped property and other member agencies with alternate supplies to obtain the benefits of water availability without having to contribute to the cost of its availability; and WHEREAS, WVWD is required to establish rates and charges which will result in revenues sufficient to meet its operation, maintenance, capital, and debt service requirements; and WHEREAS, by having Three Valleys spread the cost of the MWD charges over a broader base to include developed and undeveloped land, all WVWD water users, including those in the city of Diamond Bar, will be offered a more equitable water rate, comparable to those of surrounding agencies that have access to other local water sources; and WHEREAS, a failure by Three Valleys to continue the use of the existing parcel charge or adopt a standby charge will force member agencies to increase their water rates and charges, which would mean that Three Valleys would be making the decision with respect to water rates levied in the city of Diamond Bar which has historically and traditionally been reserved to the governing body of WVWD. NOW, THEREFORE, BE IT RESOLVED that the Diamond Bar City Council urges that the WVWD Board of Directors continue their current efforts to have Three Valleys fairly apportion this new Readiness -to -Serve charge over Three Valleys' entire service area instead of increasing water rates to its member agencies, which, by doing so, would have a profound effect on the water consumers in the City of Diamond Bar. PASSED AND ADOPTED at a regular meeting of the Diamond Bar City Council, held 12/14/95 ":\I -11ATA\ kPA GT HYDR.';AM CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �� TO: Terrence L. Belanger, City Manager MEETING DATE: December 19, 1995 REPORT DATE: December 12, 1995 FROM: James DeStefano, Community Development Director TITLE: Award of Contracts for On- Call Landscape Architectural Services. SUMMARY: The City has utilized landscape architectural consultant services on an as -needed basis since 1993. The previous contract has expired necessitating the need to enter into a new contract to secure these services for the City. Staff has received and evaluated four proposals, conducted interviews with each consultant firm, and checked references. RECOMMENDATION: It is recommended that the City Council authorize the Mayor to enter into professional services agreements with FORMA and Purkiss Rose -RSI to provide as needed landscape architectural services. LIST OF ATTACHMENTS:X_ Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification _ Ordinances(s) X_ Agreement(s) X_ Proposals (on file in City Clerk's Office) Other EXTERNAL DISTRIBUTION: FORMA, Purkiss Rose -RSI SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Bela r City Manager Assistant City Manager Community Director MEETING DATE: TO: FROM: SUBJECT: ISSUE STATEMENT: RECOMMENDATION: CITY COUNCIL REPORT AGENDA NO. December 19, 1995 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Award of Contracts for On -Call Landscape Architectural Services. Shall the City secure the services of qualified professionals to provide as -needed landscape architectural services. It is recommended that the City Council authorize the Mayor to enter into professional services agreements with FORMA and Purkiss Rose -RSI to provide as needed landscape architectural services. FINANCIAL SUMMARY: Landscape architectural services necessary as a result of development applications are paid from funds deposited by the developer. Services requested for City projects are paid from budgeted funds and may include the use of Community Development Block Grant, Quimby, or Prop "A" funding sources as provided for in the adopted City Budget. BACKGROUND: In 1993 the City Council authorized the use of professional services to provide on-call landscape architectural services to the City. The City has previously utilized landscape architects for design services such as the recently constructed park signs and to review and comment upon landscape and irrigation plans submitted by the development community. The use of consultant services is necessary to assist staff with as -needed landscape and irrigation plan check services, specifically to review submittals for compliance with the City's Water Efficient Landscape Regulations (Resolution 92-66), minor park and median enhancements, construction observation, field inspection services and related assignments. DISCUSSION: Requests for Proposals (RFP) were transmitted to eight landscape architectural firms in October. Four firms submitted proposals for consideration. The proposals were carefully reviewed by staff members of the Community Development Department, Community Services Department and City Manager's office. Each consultant firm was invited to participate On -Call Landscape Architectural Services December 12, 1995 page 2 in an interview process to further review their qualifications. The following firms were interviewed: 1. FORMA 2. Melendrez Associates 3. Purkiss Rose -RSI 4. RJM Design Group, Inc. Services are provided based upon competitive rates ranging from $35.00 to $110.00 per hour. Based upon a review of our service needs, proposals, interviews, and references the staff recommends the retention of FORMA and Purkiss Rose -RSI as the best qualified firms. In 1991 FORMA crafted a park concept plan for the City as a component of the successful Pantera Park grant application. Both firms have successfully provided similar services to various municipalities for several years. PREPARED BY: James DeStefano Community Development Director attachments: Request For Proposal Consulting Services Agreements REQUEST FOR PROPOSALS The City of Diamond Bar is seeking responses from qualified firms to provide professional landscape architectural services on an "as -needed" basis. The City is seeking to enter into a two year agreement with the selected firm. GENERAL BACKGROUND The City of Diamond Bar requires the services of a professional landscape architect to assist in the review of Water Efficient Landscape Regulations, AB 325 plan check, design of minor park specifications, and project management/construction observation services. The firm will be employed to augment the City's professional capabilities and to provide special high quality, very timely expertise when needed. The City will enter into a Consultant Services Agreement with the selected firm. Each specific assignment under the Agreement will be compensated on either a lump sum or time and material basis. The method of compensation will be specified in writing by the City at the time the assignment is made. SCOPE OF WORK The scope of work may include, but is not limited to: ♦ AB 325 - Plan Check ♦ Review of water efficient landscape plans, including: plant selection and grouping, water features, landscape design plan specifications, water efficiency, runoff and overspray, as well as, equipment and irrigation design plan specifications. ♦ Design of park specifications, including compliance with the Americans with Disabilities Act (ADA), playground design. ♦ Median design including plant selection and grouping. ♦ Project Management for playground improvement and development projects. ♦ Construction Observation/Field inspection services for playground improvement/development projects. 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 a contact person. ♦ Names and qualifications for the staff that will be providing the services, including resumes. ♦ Proposed hourly billing for each staff member that would be assigned and any additional expenditures. ♦ Experience of the assigned staff members with similar work. ♦ Firms capabilities relative to performing the required work within very reasonable time frames. ♦ References for similar work. SUBMITTAL DEADLINE Interested firms must submit six copies of the proposal to: James DeStefano Community Development Director City of Diamond bar 21660 E. Copley, Suite 100 Diamond Bar CA 91765 Proposals are due by: November 3,1995 by 5:00 p.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 Proposal (RFP); 2. Experience of the firm in the area of landscape architect services; 3. Related experience and qualifications of the proposed project manager, project team, and their hourly billing rates; 4. Related experience and qualifications on water efficient landscaping techniques; 5. Related experience and qualifications on park designs, ADA compliance; and project management of construction projects; 6. Availability of staff and their ability to complete a project in a very timely manner; and 7. Information obtained from references. The criteria should not be so construed so as to limit other consideration which may become apparent during the course of the review and selection process. The City reserves the right to reject any proposal and may elect to make a decision without further discussion or negotiation. This solicitation for qualifications 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 RFP. QUESTIONS All questions concerning this RFP should be directed to James DeStefano, Community Development Director at (909) 396-5676. Attachments: Consultant Services Agreement Water Efficient Landscape Regulations RESOLUTION NO. 92-66 A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF DIAMOND BAR ESTABLISEINO RATER EFFICIENT LANDSCAPE REGULATIONS. A. Recitals (i) The City Council of the City of Diamond Bar hereby finds that the Water Conservation In Landscaping Act (California Government Code 65591, et seq.) mandates each city to adopt water efficient landscape regulations by January 1, 1993, in an effort to reduce water consumption in landscaping. (ii) The City of Diamond Bar worked with the East San Gabriel Valley Planning Committee to develop the Water Efficient Landscape Regulations (Attachment A). (iii) The City Council determines that implementation of the Water Efficient Landscape Regulations will benefit the City by assuring that available water resources are put to a reasonable and beneficial use for all residents in the City of Diamond Bar. B. Resolution Now therefore, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respects as set forth in Recitals, Part A, of this resolution. 2. The proposed regulations will not be materially injurious or detrimental to real property or improvements nor will the same have a significant adverse impact upon the environment. 3. Regulations set forth in Attachment A have been reviewed and considered in accordance with the provisions of the 1992. California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and, further, finds that it can be seen with certainty that there is no possibility that the amendments set forth may have a significant effect on the environment and said amendments therefore are not subject to the requirements of the California Environmental Quality Act pursuant to the provisions of Section 15061 (b) (3) of Division 6 of Title 14 of the California Code of Regulations. 4. The proposed regulations would conform to the goals and objectives of the General Plan pursuant to Ordinance No. 4 (1992), further the beneficial interests of the City and satisfy the objectives and intent of the General Plan. 5. The City Council of the City of Diamond Bar hereby adopts the Water Efficient Landscape Regulations set forth in Attachment A. 6. The City Clark shall: a. Certify the adoption -of this Resolution. b. Forthwith transmit one (1) certified copy of this Resolution to the California Department of Water Resources, Water Conservation Office, attention Marsha Prillwitz, P.O. Box 942836, Sacramento, CA 94236-0001. PASSED AND APPROVED this 15th day of December , liffIA/i 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 15th day of December , 1992 by the following vote: AYES: COUNCILMEMBERS: Forbing, Werner, MacBride, Mayor Pro Tem Papen, Mayor Kim NOES: COUNCILMEMBERS: None ABSENT: COUNCIL4EMBERS: None ABSTAINED: COUNCILMEMBERS: None ATTEST: Ci Clerk, City;f Diamond Ear ATTACNKUT A WATER ZFFICIMIT LAMIDGCAPE RZOM ATIONS 1 Purpose 2 Definitions 3 Applicability 4 Landscaping Documentation Package 5 Elements of Landscape Documentation Package 6 water Efficient Landscaping Criteria 7 Existing Landscapes 8 Minor Deviations 9 Public Education These regulations are established in order to provide minimum standards and guidelines for the design and installation of landscaping and irrigation systems within specified development projects. The primary intent is to enhance the visual quality of the environment through suitable landscape design, planting and maintenance, and therefore to recognize and encourage water conservation principles and techniques in landscaping. "Community Development Director" means the City of Diamond Bar Community Development Director or his/her designee. "Zoological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Estimated annual Mater use" means the annual estimated water use of a landscape that is based upon irrigation efficiency, precipitation rates, and scheduled length of water applications. This should be expressed in inches of irrigation water per square foot of landscape area per year.. "Evapotranspiration" means the total water loss from the soil, including that by direct evaporation and that by transpiration from the surfaces of plants. "Hydrosone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non -irrigated. For example, a naturalized area planted with native vegetation what will not need supplemental irrigation once established is a non -irrigated hydrozone. "infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). "Landscaped area" means the entire parcel less the building footprint, driveway, non -irrigated portions of parking lots, hardscapes - such as decks and patios other non -porous areas. water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included. "Mulch" means any material such as , compost, manure or other materials left loose and applied leaves, bark, straw w the soil surface to reduce evaporation. "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non -landscaped areas. "Rain sensing device" means a system which automatically shuts Off the irrigation system when it rains. "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. "Rehabilitated landscape" means any relandsca in requires or is a component of a required p g project that grading permit, building Permit orq rm�t. including a uae permit. "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope. "Soil aoisture sensing device" means a device that measures the amount of water in the soil. "Turf" means a single -bladed grass or sod. "Nater efficient irrigation" means the scheduling and management of an irrigation landscape without excess system to supply moisture to a or waste in compliance with the landscape/irrigation criteria set forth in these regulations. "Wates efficient landscaping" means a landscape that is and designed maintained to function in a healthful and visually pleasing manner in compliance with the landscape/ irrigation criteria set forth in these regulations. This generally involves the strategic use of plants which have minimal water requirements for subsistence, plants native to hot/dry environments, xeriscape, and hardscape to achieve an overall landscape concept which is water conserving. "Wind sensing device" means a device that automatically shut Off the irrigation system during times of heavy wind. 38CTION 3 AJP LXC&B3CLZTy These regulations shall apply to all new and rehabilitated landscaping undertaken in conjunction with any public agency or private development project, which project otherwise requires grading, building, or use landscaping in single-family and p muullti-family or developerProtects, ,installed that the following shall be exempt: Provided a. homeowner -provided landscaping multi -family projects; b. cemeteries; C. historical sites registered with d. ecological restoration projects permanent irrigation system; e. public parks; f• any public land or publicly owned g• any project with a landscaped area feet; h. school play yards; i. childcare facility playyards; or j. golf courses. at single-family and the City that do not require a facility; less than 2,500 square a• A copy of the landscape documentation package conforming to these regulations and landscape plan check fee as set forth by the City Council shall be submitted. No permit shall be issued until the Community Developme rector Di reviews and approves the landscaped d package. ocumentation b. A copy of the approved landscape documentation package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. C. Each landscape documentation package following elements, shall include the as described in these regulations: I. Landscape Design Plan Z. Irrigation Design Plan 3. Certificate of Substantial Completion (To be submitted after installation of the project.) 4. Such other information as deemed necessary by the Community Development Director, including, but not limited to, a grading design plan and/or soil analysis. SECTION 5 S OF LANDSCAPE DOCUMENTATION pACKAGE 1. Landscape Design Plan. A landscape design plan meeting the following requirements shall be submitted as part of the landscape documentation package. a. Plant Selection and Grouping i• Plants having similar water use shall be grouped together in distinct hydrozones. ii. Plants shall be selected appropriately based upon their adaptability to the climatic, geological, and topographical conditions of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of these regulations. A list of recommended planting materials shall be kept on file with the Community Development Department and made available upon request. Alternative materials may be used when the overall landscape plan conforms with the intent of these regulations. iv. Fire prevention needs shall be addressed in areas that are fire prone. V. overall, the landscape design plan shall Provide for a water efficient landscape concept. b. Water Features i• Recirculating water shall be used. for decorative water features. ii. Pool and spa covers are encouraged. C. Landscape Design Plan Specifications. The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies: i• Designation of hydrozones and a description of water usage within said hydrozones (low, moderate, and high irrigation water requirements). ii. Landscape materials, trees, shrubs, groundcover, turf, and other vegetation. Planting symbols shall be clearly drawn plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated. iii. Property lines and street names. iv. Streets, driveways, walkways, and other paved areas. V. Pools, ponds, water features, fences and retaining walls. vi. Existing and proposed buildings and structures including pad elevations if applicable. vii. Natural features including but not limited to rock outcroppings, existing trees, shrubs that will remain. viii. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details. ix. A calculation of the total landscaped area and -' percentage of turf area. X. Designation of recreational areas. 2. Irrigation Design Plan. An irrigation design plan meeting the following requirements shall be submitted as part of the Landscape Documentation Package. a. Water efficiency. The irrigation design plan shall provide for a water efficient irrigation system. b. Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non -irrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff. C. d. Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas with a width less than ten feet, and in median strips. Equipment. i. Water Meters - Separate landscape water meters shall be installed for all projects except for single family homes or any project with a landscaped area of less than 5,000 square feet. ii. Controllers - Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design. valves - plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a giver, area, only plants with similar water use shall be used in that area. Anti -drain (check) valves shall be installed in strategic points to minimize or prevent low -head drainage. iv. Sprinkler Heads - Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance. V. Rain Sensing override Devices - Rain sensing override devices shall be required on all irrigation systems. vi. Soil Moisture Sensing Devices - It is recommended that soil moisture sensing devices be considered where appropriate. Irrigation Design Plan specifications. Irrigation systems shall be designed to be consistent with hydrosones. The irrigation design plan shall be drawn on project base sheets. It shall be separate from, but use the same format as, the landscape design plan. The scale shall be the same as that used for the landscape design plan described in Section 5 (1). The irrigation design plan shall identify: accurately and clearly i. Location and size of separate water meters for the landscape. ii. Location, type, YP , and size of all components of the irrigation system, including but not limited to automatic controllers, main and lateral lines, moisture sensing dvalves, sprinkler heads, valves, rain switches, quick couplers, and backflow prevention devices. iii. Static water pressure at the connection to the public water su PP Point of Y•. iv. Flow rate (gallons rate (inches per minute), application pressure Per hour), and design operating (psi) for each station. V. Estimated annual water use expressed in inches per square foot of landscape area per year. 3. Certificate of Substantial Completion. Prior to the final of building permits, the developer shall submit a Certificate of Substantial Completion to the City utilizing forms designated for this purpose. , A Certificate of Substantial Completion shall include results Of a static water test and a water coverage test to determine the adequacy of the installed irrigation system. SECT19A 6 1t1TAR E!lters *' RR ---- eztZMra Landscape and irrigation plans shall be reviewed compliance with the water efficiefor nt landscape criteria. These comprise a point system with points awarded for both landscape and irrigation techniques. A minimum of one -hundred points shall be achieved in each D chhlique category in order for the Department of Community op"nt to approve said plans. Water conserving plants, and/or plants native LN to hot/dry summers, utilized in seventy-five (75) 40 percent of the total plant area of the landscape. Turf limited to thirty (30) percent of the total landscape area in residential projects; twenty 30 (20) percent of the total landscape in all other projects. In no case shall turf make up more than fifty (50) percent of the total landscape. Use of creative, thoughtful, and diverse 30 hydrozones to enhance the overall landscape design, with plants grouped based on the amount of water needed to sustain them. Mulch utilized in the landscape (three (3) inches 10 minimum). Hardscape, or non -irrigated surfaces used in at 10 least ten (10) percent of the total landscape. Where turf is utilized, the use of a proven 10 water -conserving turf. Soil amendments to improve water holding 10 capacity of soil incorporated into soil preparation details. The total amount of irrigation water applied 40 to all landscape areas does not exceed 42 inches per square foot of landscape area per year.* Low-water volume irrigation system. 20 Automatic irrigation system adjusted seasonally 20 and with watering hours between 7:00 p.m. and 10:00 a.m. Irrigation system designed to water different 20 areas of the landscape based on watering need (drip/trickle for shrubs, separate valves, etc.). Sensitive to slope factors. 10 Soil moisture sensors used in conjunction with 10 the automatic irrigation system. Rain sensors used in conjunction with 10 the automatic irrigation system. Wind sensors used in conjunction with the 10 automatic irrigation system. Recommended annual irrigation schedule for 10 informational purposes. Use of reclaimed or recycled water in accordance. 60 with Health and Safety Codes. * This amount is based upon a formula set forth b Department of Water Resources which states the y the State water budget for landscapes in the San Gabriel Valleyxregion imum ashould be 80 percent of the annual evapotranspiration (53 inches per year). Therefore: 0.80 x 53 inches = 42 inches. SBCTIOK 7 EXISTING JANDSC"ZS Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overs ra similar conditions where water flows onto adjacent Property,onon- irrigated areas, walks, roadways or structures is prohibited. All landscape areas, whether installed pursuant to these regulations or not, shall be maintained in a hesalthful and sound condition.Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of these regulations. Landscapes shall be maintained -to ensure water efficiency. A regular maintenance schedule should include but not be limited to checking, adjusting, and repairing irrigation equipment; the automatic controller; aerating and dethahingtrt resetting replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. SECTIO�i 8 D[itaAO DEV aTTM A. The Community Development Director, without public hearing, may grant minor deviations from regulation requirements limited to the following: 1• Minor modifications to approved landscaping, irrigation or grading plans which comply with the spirit and intent of these regulations, including but not limited to revising or substituting plant varieties, container sizes, plant locations, irrigation hardscape ccs�ponents, berm heispecifications, berm locations, slope features, and the like; and 2. Modifications of planting, installation and/or soil Preparation details. 3• Final of permits prior to installation of landscaping due to exceptional and unforeseen circumstances. B. In granting a minor deviation, the Community Development Director may impose conditions as deemed necessary to comply with the spirit and intent of these regulations. C. The Community Development Director's decision may be appealed to the Planning Commission in writing. The decide the matter de novo. Commission shall A public hearing shall not be required in granting a minor deviation. SECTIO* 9 pVBLIC gDpCATIOm A. Developers of residential units shall tion to prospective buyers of new homes regard dingwater e infoefficient landscaping techniques. B. Developers of non-residential units shall provide to prospective buyers - or tenants regarding water information landscaping techniques. RFP ON-CALL LANDSCAPE ARCHITECTURAL SERVICES List sent to on October 12, 1995: Forma 3100 Bristol, Ste. 100 Costa Mesa, CA 92626 RJM Design Group 27285 Las Rambas, Ste. 250 Mission Viejo, CA 92691 Harris and Associates 4281 Katella , Ste. 100 Los Alamitos, CA 90720 Clark and Green 3070 Bristol, Suite 150 Costa Mesa, CA 92626 David Evans and Associates 1000 X Garvey, Ste: 250 West Covina, CA 91790 Purkiss-Rose-RSI 219 N. Harbor Blvd. Fullerton, CA 92632 Avacom 1300 S. Valley Vista Drive Diamond Bar, CA 91765 Brian A. Stirrat 1860 Valley Vista Drive Diamond Bar, CA 91765 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: December 19, 1995 REPORT DATE: December 13, 1995 FROM: George A. Wentz, Director of Public Works TITLE: Investigation of Groundwater Seepage Along Meadowglen Drive and Amubushers Street SUMMARY: This staff report recommends that the City Council proceed with award of a contract to investigate groundwater seepage along Meadowglen Drive and Ambushers Street. RECOMMENDATION: It is recommended that the City Council authorize the Mayor to enter into a professional services agreement with Converse Consultants WEST in an amount not -to -exceed $24,300 with a contingency amount of $3,000, and appropriate $27,300 from the unallocated gas tax fund to account number 4551-5221. (Engineering Contract Services Account). LIST OF ATTACHMENTS:X Staff Report _ Public Hearing Notification _ Resolution(s) Bid Specifications (on file in City Clerk's office) _ Ordinances(s) X Other: Proposals (on file in City Clerk's office) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes X No 4. Has the report been reviewed by a Commission? N/A _ Yes X No Which Commission? 5. Are other departments affected by the report? NIA _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. E City Manager c:\WP60\LindaKay\Agea95\meadow 1.219 Frank M. Ush& Assistant City Manager CITY COUNCIL REPORT AGENDA NO. ------------- MEETING DATE: December 19, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Investigation of Groundwater Seepage Along Meadowglen Drive and Amubushers Street ISSUE STATEMENT: Should the City proceed with award of a contract to investigate groundwater seepage along Meadowglen Drive and Ambushers Street? RECOMMENDATION: Authorize the Mayor to execute a professional services agreement with Converse Consultants West in an amount not -to -exceed $24,300 for the scope of services proposed, provide a contingency of $ 3,000, and appropriate $27,300 from the unallocated gas tax fund to account number 4551-5221 (Engineering Contract Services Account).. FISCAL SUMMARY: The proposed project will be funded by the City's unallocated gas -tax funds. BACKGROUND AND DISCUSSION: The City issued a Request For Proposals which was published and distributed on November 3, 1995. A total of three responses were received. They included: • Kleinfelder • Ninyo and Moore • Converse Consultants West Firms were asked to describe and discuss a scope of work they felt necessary to adequately determine the cause and remedy to the existing seepage problems. The Request For Proposals provided the general guidelines minimum requirements in the scope of work to be responsive and basic information required for submittal. 1 Meadowglen-Ambushers Groundwater Page 2 December 19, 1995 The three proposals were reviewed and compared to determine the best attributes of each and to select the most qualified firm. Key elements of the review included: • Understanding of the problem and approach; • Experience of the staff assigned to perform the proposed work effort; • Background and experience of the firm; • Proposed work effort; • Timing; and • Cost Rates. Based on the above, staff selected Converse Consultants West. Following the preliminary selection, the overall scope of work was then reviewed to assure that the final work effort was all inclusive and contained the desired work elements. Converse Consultants West then submitted an amended proposal in response to our request to assure that the scope of work proposed agreed with staffs direction. Key aspects of the proposal include: Review of building/safety files; Neighborhood questionnaire and interviews, Geologic mapping of water sources; Subsurface exploration including 10 exploratory wells from 10 - 50 feet deep; Conversion of 6 exploratory wells to monitoring wells; Geotechnical laboratory testing of materials; Pavement design information; Water sample testing for NPDES purposes, Cost estimates; Report containing short and long range recommendations for the City and for the private property owners to mitigate the seepage problem. Plan layout of recommendations; Appropriate meetings with the City; and Subsequent well monitoring and reporting on a bimonthly basis for the first six months. The work as proposed will be completed within 4 months of Notice To Proceed. Follow up well monitoring will be conducted over the next six months. The consultant has agreed to all the terms and conditions of the City's standard professional services agreement and the related insurance requirements. 2 Meadowglen-Ambushers Groundwater Page 3 December 19, 1995 Cost The bids received were as follows: Kleinfelder $ 15,752 Ninyo and Moore $ 22,357 Converse Consultants WEST $ 24,136 It was felt that the Kleintelder proposal fell short of the necessary tasks to assure that the overall project needs were met and their original proposal was not as comprehensive as the other two. As part of our negotiation with Converse, the scope of work was amended to include all of the additional tasks we felt necessary and also combined the best tasks from all three proposals. As a result of our discussions, the final negotiated cost is $ 24,300. C:\WP60\L1NDA-KAY\CCR-9 S 1MEADO W G LEN 1.213 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of December 19. 1995 by and between the City of Diamond Bar, a municipal corporation ("City") and Converse Consultants WEST, ("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: 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 -sith 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 Twenty-four Thousand Three Hundred dollars (S 24,300.00 ). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control_ 5. Addresses. City: Terrence L. Belanger, City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 Consultant: Converse Consultants WEST Thomas C. Benson, Jr. PE, GE 222 East Huntington Drive, Suite 211-A Monrovia, CA 91016-3500 (818) 930-1200 95052510572-00001 1,jhd11092677 4 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Diamond Bar and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees' from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated there%ith, 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 perfonnance 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 indemnity provision. Consultant shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Nohcithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) 95052510572-00001 lsj/sdl 1092677 4 Page 2 Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, %1"Ith 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 omissions) 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 (les) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only_ A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant_ C. Consultant shall submit to City (1) insurance certificates indicating. compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 95052510572-00001 laj/3dl 1092677 4 Page 3 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. Prior3o entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by Cit%. 950523 10572-00001 hj/3d1 1092677 4 Page 4 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the malting 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 %vith regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable 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. 95052510572-00001 Isysill 10926774 Page 5 Z0 . d -?J101 -- • --- 1 .7 w. JA.L r W03b We' 22. Net&) o Any ttotaoea, bi1L, deemed roceivod o4 ( iavaioOr rWWU mluitod by titi= Awm t;nt IUU bo :j �ry es, of dal iray i[ddivCmd by hood duuiag regula bolero boon of by hodmik bafore or dt 4 regular bush= bourn; or (b) Go the third business Atq► Wovdq deposit in dee United State: mail, pmbp prepaid, to the aUMM hwek&m set forth in the Aamment, or to ankh other addresses as the parties may, train brae to tient;, designste in writing pursuant to the provisions of this section. 23. Uavcmiuog Ia►w. This Coc--t' shell be interpreted, eonatmmd and enfo=W in acoordanco wit$ tbo laws of the State of Cafirafl i 24. Cvurftrparb. This Agmma asay be cocuW in any nwnber of flouatctparb, each of which shall be demed to be the original. sad alt ofwbkh together sba12 constitute one and the M. instrument. ?.S. Entire Agreerncnt. This Agrepnc4 and say otixr dociun= locorporUW hcmin by specitc rcibMce, represent the entire and integrotad agree =Lbetwm Consultant and City. This Ap merit supersedes all prior oral ar written negotiations. represaitatbu or agrocmccts. This Amt may not be mit>cadod, nor tug' Provision or breach hereof walvbd by the pariiei which acpressiy refers to this A p.&*,,e,U on f bebW otthe Cty M o� valid if signed by the City Manager or the Mayor and W=tcd by the City OC& 26. EWbAs. All VcWbits referred to in this Agreement aro in=por"W hatia by this ycftxrnm written above ties iN WITNESS WHEREOF, the partiu have ==tcd this ASf=mcnt as of &D date first 'Civ ATTEST; CITY OF DIAMOND BAR BY City Clerk C-%wSm1N1)A"y%wR u-s"mN Vratau Bye City Manager Convers* Consultants WEST By' Thonos C'.�n'3a17 Its' i r Page 6 DEC -12-1996 12:4n rtTv rc: TTe,-. r..... Z0iZ0'd BL00 9Z9 £TZ £HKl N0S1HM 'SQdUH3Ia 0T:t7T S66T-EJ-03a ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address ofnamed insured ('Named Insured'): Name and address oflnsuranee Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. J-1 ADDITIONAL INSURED ENDORSEMENT 95052510572-00001 lsYsdl 1092677 4 COMPREHENSIVE GENERAL LIABILITY 6'��iCymwh��Smdas��I�a�ac6��aV��l�a�+tel IWO, t ltmmU+6,IPi�Vmilf (u��y�Of d1il do ohmPo6VcA�"ry�'z��l�fuql[Nl* vu�s�� Milli dd di at��t Ul Jog oj �'zt oil mqllw i AM 11 Mflffl'6 I n Ifli l\I I�P, I lll►ll�lO11Y1 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above %%ith regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROMITO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Explosion Hazard ❑ ONNners/LandlordS/Tenants ❑ Collapse Hazard ❑ Manufacturers/Contractors ❑ Underground Property Damage J-2 ADDITIONAL INSURED ENDORSEMENT 95052510572-00001 lsj/sdi 1092677 4 COMPREHENSIVE GENERAL LIABILITY ❑ Products/Completed Operations ❑ Broad Form Property Damage ❑ Extended Bodily Injury ❑ Broad Form Comprehensive ❑ General Liability Endorsement ❑ Pollution Liability ❑ Liquor Liability 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 ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number 1, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.: ( ) 95052510572-00001 Isj7sdl 1092677 4 19 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) J-3 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured ("Named Insured'): Name and address of Insurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(les) insured: . Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy's or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds' under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. J-4 ADDITIONAL INSURED ENDORSEMENT 950525 10572-00001 lsys& IM677 4 AUTOMOBILE LIABILITY 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROV. VTO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Any Automobiles ❑ All Owned Automobiles ❑ Non -owned Automobiles ❑ Hired Automobiles ❑ Truckers Coverage ❑ Motor Carrier Act ❑ Bus Regulatory Reform Act ❑ Public Livery Coverage J-5 ADDITIONAL INSURED ENDORSEMENT 950525 10572-00001 N/sdl 1092677 4 AUTOMOBILE LIABILITY ❑ Scheduled Automobiles ❑ ❑ Garage Coverage ❑ 12. A ❑ deductible or ❑ self-insured retention (check one) of applies to all coverage(s) except: 'none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I(print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 19 Signature of Authorized Representative (Original signature only, no facsimile signature or initialed signature accepted) Phone No.: (_) J-6 ADDITIONAL INSURED ENDORSEMENT 950525 10572-00001 hj/,d] 1092677 4 AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured ("Named Insured"): Name and address oflnsurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy') or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the police. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permits) designated above, between the Named Insured and the Additional Insureds. J-7 ADDITIONAL INSURED ENDORSEMENT 950525 10572-00001 Isjhdl 1092677 4 EXCESS LIABILITY 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all clavi ns, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM -7O LIABILITY ❑ Following Form ❑ Umbrella Liability 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 12. The folloN ing inclusions, exclusions, extensions or specific provisions relate to the above coverages: J-8 ADDITIONAL INSURED ENDORSEMENT 950523 10572-00001 I.YA 1092677 4 EXCESS LIABILITY 13. 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 0 per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on of Policy Number at 12:01 A.M. and forms a part 1, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.:( ) c:\NN-p60\lindakay\agree-95\csafi-mbl.ank- 19 Signature of Authorized Representative (Original signature only, no facsimile signature or initialed signature accepted) J-9 ADDITIONAL INSURED ENDORSEMENT 95052510572-00001 lsjhdl 1092677 4 EXCESS LIABILITY 22. Nodoa. Any Hotton, bills. iavoittes, or reports regt*W by Wi= A®nt$Wd p W be deemed received at (a) the aw of &uvay it ddive ed by hood d a%s regular baslaesa boon or by AMIM blare a disrittp regular b WAM boors; or (b) on the third business 4qr NowJng deposit in the United Stns math, pod ap prepaid, to the addrasaa 6emtoam set fw& is the AV=neK ar to swh other addrmw as the patties may, from thea to rinse, desidnstc in writing punwg to the ptovisiom of this secdon. 23. G"emiof Law. This Contract *hall be intaprcted, cons"WA and enfoteed in accordance with the laws of the State of CaliQonrda, 24. Couz erparts. This Agrotartcttt *'lay be amcuted in soy number acau spans, each of Which shall be demued m be the arighal, and all ofwhioh togOw shall GOUW ute one and tftc casae bmttwrtettR. 23. Eutite Agmett;tertt. Thin Agrewac , And aw Other documents jgCo[ppmW hmin by spccifre raibronee, reprsaatt the entire and lategreted Agtatmentbetween Consultant ad City. This Agmmw% snpet Wu all Orta oral to writtm ttegotiad=. represatt WAm or aglO =tL This ASmmuu may not be aetcode4 nor a.ty provision or breach her+aorf waived, etlt_ept In a w itittg sipted by the parties whish to; C, ely rains to this Avamcni. Asoendrnents on behalf of the City will only be valid if signed by the City MXMM or the Mayor and attatcd by the City Clerk 26. Ezhibits. All Wu'bits referred to in this Amt aro incorporated bffeia by this mfu ence. written shwa IN WITNESS WHEREOF, tbr. parties have executed this Agreement as of the date first ATTEST: CITY OF PJAMOND BAR City Clerk HY Ctty Manager p. - JtOTV - try A orttry Cottversa Consyltat�ts WEST11 1U r QIwhV4�il+PA" aoRc.-0I1CmYI:KaIS bOSlSlo�r3 neper i jMl f 0177 Paso DEC -12-1995 12: 4G1 r 7 ry rr n r rvwn M% rw. FOAM 'd BLOO 9Z9 ETE £kttn NOSiUM `SadUHDId OT:bT 966T-eT-03Q C (Z 399d a3lNlad) Z 39Hd LITE19 19 S66I 2i:9i 2I/2I o3AIMH ] RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING APPROVAL OF SENATE BILL 96 (GREENE), KNOWN AS THE PUBLIC FACILITIES BOND ACT OF 1996 WHEREAS, Senate Bill 96 (SB 96) has been introduced by Senator Leroy Greene, which provides for the issuance of $3,000,000,000 in State General Obligation Bonds for education -related school facilities construction and school facilities programs; and WHEREAS, the Pomona Unified School District has commenced construction of Diamond Ranch High School; and WHEREAS, Diamond Ranch High School is a high school that will serve high school -aged students living in the northern portion of Diamond Bar; and WHEREAS, a portion of the proposed funding for the construction of Diamond Ranch High School has been planned to come from the State School Building Lease - Purchase Fund; and WHEREAS, bond proceeds SB96 would be transferred to the State School Building Lease -Purchase Fund and be making them available for school facilities construction funding, e.g. Diamond Bar Ranch High School. NOW, THEREFORE, the City Council for the City of Diamond Bar hereby resolves that the City of Diamond Bar supports approval of Senate Bill 96 (Greene), known as the Public Facilities Bond Act of 1996. 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 day of 1995 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Diamond Bar hftp://www. sen. ca. gov/leg infolbil I/current/sb/from0000/sb0096/status.txt CURRENT BILL STATUS MEASURE S.B. No. 96 AUTHOR(S) Greene and O'Connell (Coauthor: Senator Dills) (Coauthor: Assembly Member Alpert). TOPIC Bonds: public education facilities: correctional facilities. HOUSE LOCATION ASM +LAST AMENDED DATE 09/13/95 LAST HIST. ACT. DATE: 09/15/95 LAST HIST. ACTION Placed on inactive file on request of Assembly Member Katz. FILE ASM THIRD READING FILE DATE 09/15/95 ITEM 164 31 DAYS IN PRINT 02/11/95 TITLE An act to add Sections 81821.5 and 81822.5 to, and to add Part 66 (commencing with Section 100000) to, the Education Code, and to add Chapter 17 (commencing with Section 7440) to Title 7 of Part 3 of the Penal Code, relating to public facilities construction through the issuance and sale of bonds of the State of California and by providing for.the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately. 1 of 1 12/13/95 11:56:19 ://www. sen.ca.gov/leginfo/bill/current/sb/from0000/sb0096/history. x: COMPLETE BILL HISTORY BILL NUMBER : S.B. NO. 96 AUTHOR Greene TOPIC Bonds: public education facilities: correctional facilities. BILL HISTORY 1995 Sept. 15 Placed on inactive file on request of Assembly Member, Katz. Sept. 14 Read second time. To third reading. Sept. 13 From committee: Do pass as amended. (Ayes 10. Noes 6.) Read second time. Amended. To second reading. Sept. 8 Joint Rule 61 suspended. Aug. 24 From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 14. Noes 1.) Re-referred to Com. on APPR. Aug. 21 To Com. on ED. July 28 In Assembly. Read first time. Held at Desk. July 28 Read third time. Urgency clause adopted. Passed. (Ayes 29. Noes 8. Page 2356.) To Assembly. July 13 Read third time. Urgency clause refused adoption. (Ayes 25. Noes 13. Page 2101.) Motion to reconsider made by Senator Greene. Reconsideration granted. July 11 Read second time. Amended. To third reading. July 10 From committee: Do pass as amended. (Ayes 9. Noes 2. Page 1956.) June 28 Set for hearing July 3. May 30 From committee with author's amendments. Read second time. Amended. Re-referred to committee. Mar. 1 From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes B. Noes 0. Page 301.) Re-referred to Com. on APPR. Feb. 8 Set for hearing March 1. Jan. 19 To Com. on ED. Jan. 12 From print. May be acted upon on or after February 11. Jan. 11 Introduced. Read first time. To Com. on RLS. for assignment. To print. 1 of 1 12/13/9511:57:23 SB96 ...GOPHER_ROOT2:[BILL.CURRENT.SB.FROM000O.SB0096]CURRVER.TXT;1 /bill/SB96 SB 96 Bonds: public education facilities: correctional BILL NUMBER: SB 96 AMENDED 09/13/95 AMENDED IN ASSEMBLY SEPTEMBER 13, 1995 AMENDED IN SENATE JULY 11, 1995 AMENDED IN SENATE MAY 30, 1995 INTRODUCED BY Senators Greene and O'Connell (Coauthor: Senator Dills) (Coauthor: Assembly Member Alpert) JANUARY 11, 1995 An act to add Sections 81821.5 and 81822.5 to, and to add Part 66 (commencing with Section 100000) to, the Education Code, relating to public education and to add Chapter 17 (commencing with Section 7440) to Title 7 of Part 3 of the Penal Code, relating to public facilities construction through the issuance and sale of bonds of the State of California and by providing for the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 96, as amended, Greene. Bonds: public education facilities : correctional facilities . (1) Existing law requires the governing board of each community college district to prepare and submit to the Board of Governors of the California Community Colleges a plan for capital construction for community college purposes of the district. This bill would contain a statement of the Legislature's intent that the governing board of each community college consider, when developing proposals for addition to, or demolishing demolition of, buildings that are 50 years of age or older, the historic significance of the structure. (2) Under existing law, the board of governors is required to review and evaluate the plan for capital construction submitted by the governing board of each community college district in terms of the elements of the capital construction program. This bill would require that the review by the board of governors include an evaluation of whether the district has considered the historic significance of district buildings that are 50 years of age or older that are proposed for additions or demolition. (3) The Leroy F. Greene State School Building Lease -Purchase Law of 1976 (Greene Act) provides for the acquisition and construction of facilities by the state and the lease -purchase of those facilities by school districts. The Higher Education Facilities Bond Act of 1986, the Higher Education Facilities Bond Act of 1988, and the Higher Education Facilities Bond Act of June 1992 provide for the issuance, pursuant to the State General Obligation Bond Law, of bonds in an amount not to exceed $400,000,000, $600,000,000, and $900,000,000, respectively, and the expenditure of the proceeds therefrom to aid the University of California, the California State University, including the California Maritime Academy, and community colleges for, among other things, the construction and equipping of educational facilities, as specified. Existing law establishes the Higher Education Facilities Finance Committee to administer those acts and 1 of 13 12/13/9511:58:52 SB96 ... GOPHER_ROOT2:[BILL.CURRENT.SB.FROMOOOO.SB0096]CURRVER.TXT;1/oil 18�3yb to authorize the issuance and sale of bonds to the extent necessary to fund the education facilities construction apportionments expressly authorized by the Legislature in the annual Budget Act. This bill would enact the Public Education Facilities Bond Act of 1996 which, upon approval by the state electorate, would provide for the issuance of state general obligation bonds in an amount not to exceed $3,000,000,000, exclusive of refunding bonds, issued pursuant to that act, and the expenditure of $2,025,000,000 of revenues therefrom to provide aid to school districts, county superintendents of schools, and county boards of education, as specified, in accordance with the Greene Act and related school facilities programs, as specified, and would require that any funds remaining from designated school construction bond measures enacted in prior years be transferred to the State School Building Lease -Purchase Fund for apportionment under the Greene Act. The bill would also authorize the Treasurer to sell any unsold bonds from those designated measures for purposes of the Greene Act. This bill would provide that, of the bond proceeds authorized under the Public Education Facilities Bond Act of 1996, not more than $900,000,000 may be used for, among other things, the acquisition of portable classrooms, the reconstruction or modernization of facilities, as specified, the purchase and installation of air-conditioning equipment and insulation materials, as specified, the funding of projects in districts with enrollment increases due to the locating or expansion of state or federal prisons, the acquisition of relocatable child care and development facilities, the funding of projects for county boards of education, as specified, the funding of projects in districts that lack funding priority due to the size of pupil enrollment, the funding of projects for high priority roof replacement, the construction projects or the purchase of furniture or equipment designed to increase school security, and the identification, assessment, or abatement of hazardous asbestos, as specified, and of lead. This bill would provide that, of the bond proceeds authorized under the Public Education Facilities Bond Act of 1996, not more than $100,000,000 may be used for seismic retrofit projects of existing public school facilities, that not more than $40,000,000 may be used by school districts that will contribute 60% or more of the cost of a project, and that not more than $25,000,000 may be used for projects that include joint use facilities. This bill would provide that $975,000,000 of the bond proceeds authorized under the Public Education Facilities Bond Act of 1996 be expended to assist in meeting the capital outlay financing needs of California's public higher education system and would expressly include the Hastings College of the Law, among the institutions for which the proceeds of those bonds may be expended, consistent with this purposes of the bill. The bill would specify that the addition of the Hastings College of the Law among the institutions for which the proceeds of the bonds may be expended is not intended to mark a change from the funding authorizations made under the Higher Education Facilities Bond Act of 1986, or the Higher Education Facilities Bond Act of 1988, but is intended to state more clearly what was intended by the Legislature in those acts as well. This bill would require that any request for funds from the bonds issued pursuant to the Public Education Facilities Bond Act of 1996 for the purposes of higher education facilities be accompanied by the 5 -year capital outlay plan of the particular university or college and include a schedule that prioritizes the seismic retrofitting needed to significantly reduce seismic hazards in buildings identified as high priority by the university or college, as specified. The bill would also authorize the expenditure of the revenues of the bonds for the construction or improvement of off -campus facilities of the California State University approved by the Trustees of the California State University on or before July 1, 1990. (4) Existing law contains the New Prison Construction Bond Act of 1981, the New Prison Construction Bond Act of 1984, the New Prison Construction Bond Act of 1986, the New Prison Construction Bond Act of 1988, the New Prison Construction Bond Act of 1990, and the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988. 2 of 13 12/13/95 11:58:55 ZSB96 GOPHER_ROOT2:[BILL.CURRENT.SB.FROM000O.SB0096]CURRVER.TXT;1 /bu i/SBVb This bill would enact the Violent and Career Criminal Detention Bond Act of 1996, which, if adopted, would authorize the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $1,900,000,000 to provide for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult corrections facilities; to help mitigate capital costs of school districts and local governments impacted by construction of state adult correctional facilities; and for the purpose of refinancing interim debt incurred for these purposes. (5) This bill would provide that for submission of the Public Education Facilities Bond Act of 1996 be submitted to the voters at the March 26, 1996, statewide direct primary election and for submission of the Violent and Career Criminal Detention Bond Act of 1996 to the voters at the November S, 1996, statewide general election, in accordance with specified law. (5) (6) This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. SECTION 1. (a) This act shall be known and may be cited as the Crime Control and Prevention Act of 1996. (b) The Legislature finds and declares all of the following: (1) Crime control and prevention is a primary function and consideration of government. (2) Crime is a problem in our society that should be fought by all means available. (3) As of August 1995, the state prison system is housing approximately 132,000 inmates in facilities designed to house only 70,000. As a result of the enactment of the "Three Strikes" law and other sentence enhancement laws in 1994, the inmate population is expected to increase to unprecedented levels. (4) The annual increase in the inmate population is projected to be greater than 15, 000 inmates during the next five years, approximately two-thirds larger than recent increases. As a result, the ability to house additional inmates is projected to be exhausted through overcrowding of existing and newly constructed prisons during 1998. (5) The siting, design, and construction of new prisons at the earliest possible time is immediately necessary to address current and future crisis levels of overcrowding and maintain public safety. (6) There is a high correlation between a lack of education and criminal behavior. (7) School facilities are a fundamental and essential part of education, providing a place for youth to gain an education that is the foundation of a productive crime free life. (8) The acquisition, construction, renovation, remodeling, and maintenance of state youth and adult corrections facilities and the acquisition and construction of school facilities will fight crime by both preventing and controlling it. SEC. 1. S. Section 8182 1. 5 is added to the Education Code, to read: 81821.5. It is the intent of the Legislature that the governing board of each community college district 3 of 13 12/13/9511:58:56 SB96 ...GOPHER_ROOT2:[BILL.CURRENT.SB.FROM000O.S[30096]CURRVER.TXT;1/bill/SB96 consider, when developing proposals for the addition to or demolition of buildings that are 50 years of age or older, the historic significance of those structures. SEC. 2. Section 81822.5 is added to the Education Code, to read: 81822.5. The board of governors shall review the plan for capital construction submitted by the governing board of each community college district pursuant to Section 81821 and evaluate whether the district, pursuant to Section 81821.5, has considered the historic significance of district buildings that are 50 years of age or older and proposed for addition or demolition. SEC. 3. Part 66 (commencing with Section 100000) is added to the Education Code, to read: PART 66. PUBLIC EDUCATION BONDS CHAPTER 1. PUBLIC EDUCATION FACILITIES BOND ACT OF 1996 Article 1. General Provisions 100000. This chapter shall be known and may be cited as the Public Education Facilities Bond Act of 1996. Article 2. School Facilities Program Provisions 100010. (a) Two billion twenty-five million dollars ($2,025,000,000) of the proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State School Building Lease -Purchase Fund. 100015. All moneys deposited in the State School Building Lease -Purchase Fund shall be available to provide aid to school districts of the state in accordance with the Leroy F. Greene State School Building Lease -Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10), and of all acts amendatory thereof and supplementary thereto, to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with Sections 100020, 100025, 100030, and 100035, to provide funds to repay any money advanced or loaned to the State School Building Lease -Purchase Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. 100020. Of the proceeds from the sale of bonds pursuant to this chapter, not more than nine hundred million dollars ($900,000,000) may be used for one or more of the following purposes: (a) The acquisition of portable classrooms for use in accordance with Chapter 25 (commencing with Section 17785) of Part 10. (b) The reconstruction or modernization of facilities pursuant to Chapter 22 (commencing with Section 17700) of Part 10. In addition to the current program requirements, the State Allocation Board may allocate funding pursuant to this subdivision for the reconstruction or modernization of any existing structure, including the wiring and cabling in that structure, to enable that structure to accommodate computers and other high technology equipment. (c) The purchase and installation of air-conditioning equipment and insulation materials, and related costs, pursuant to Section 42250. 1, for schools operated on a year-round multitrack schedule in a manner that increases school capacity and reduces or eliminates the school district's need for the construction of additional classroom space. 4 of 13 12/13/95 11:58:57 SB96 ..GOP HER_ROOT21BILL.CURRENT.SB.FROM000O.SB0096]CURRVER.TX-T;11o1 /S-D&b (d) Project funding for applicant districts under Chapter 22 (commencing with Section 17700) of Part 10 that have incurred or will incur enrollment increases due to the locating or expansion of state or federal prisons. (e) The acquisition of relocatable child care and development facilities for the purpose of providing extended day care services pursuant to Article 22 (commencing with Section 8460) of Chapter 2 of Part 6. (f) Project funding, without regard to funding priorities, for applicant county boards of education under Chapter 22 (commencing with Section 17700) of Part 10 that are eligible for that funding for classrooms for severely handicapped pupils. (g) Project funding for applicant districts under Chapter 22 (commencing with Section 17700) of Part 10 that are eligible for that funding, but that lack funding priority due to the size of pupil enrollment in the district. (h) Project funding for high priority roof replacement projects. (i) Construction projects or the purchase of furniture or equipment designed to increase school security. 0) The identification, assessment, or abatement in school facilities of hazardous asbestos pursuant to either Chapter 22 (commencing with Section 17700) of Part 10 or Section 39619.6 and of lead. (k) The reconstruction or modernization of facilities pursuant to Chapter 22 (commencing with Section 17700) of Part 10. Notwithstanding Section 17721.3, the State Allocation Board may allocate funding pursuant to this subdivision for the reconstruction or modernization of an existing structure in an amount that exceeds 25 percent of the replacement cost of that structure in order to finance structural improvements needed to avert future earthquake damage. 100025. Of the proceeds from the sale of bonds pursuant to this chapter, not more than one hundred million dollars ($100,000,000) may be used for seismic retrofit projects of existing public school facilities. 100030. Of the proceeds from the sale of bonds pursuant to this chapter, not more than forty million dollars ($40,000,000) may be used for projects for school districts that agree to contribute 60 percent or more of the cost of those projects. 100035. Of the proceeds from the sale of bonds pursuant to this chapter, not more than twenty-five million dollars ($25,000,000) may be used for projects that include joint use of facilities pursuant to Section 17750 or 17751. Article 3. Higher Education Facilities Program 100110. The Legislature finds and declares all of the following: (a) California's economic and social prosperity relies on a higher education system that keeps pace with California's growth. In the coming decades, the state's economic prosperity will depend on increasing the productivity of the work force and on the ability to compete successfully in the world marketplace. (b) The system of public higher education in this state includes the University of California, comprising nine campuses, the California State University, comprising 22 campuses, including the California 5 of 13 12/13/9511:58:58 SB96 ...GOPHER_ROOT2:[BILL.CURRENT.SB.FROMOOOO.SB0096]CURRVER.TXT;1Ibr48�3Jb Maritime Academy, a specialized institution, the California Community Colleges, consisting of 71 districts and 107 campuses, the Hastings College of the Law, and their respective off -campus centers. Each of these institutions plays a vital role in maintaining California's dominance in higher education in the United States. (c) Over the last several years, studies have been completed by the University of California, the California State University, and the California Community Colleges to assess their long-term and short-term capital needs. Those studies demonstrate that the long-term and short-term needs total, in the aggregate, several billion dollars. (d) The purpose of this article is to assist in meeting the capital outlay financing needs of California's public higher education system. 100115. Nine hundred seventy-five million dollars ($975,000,000) of the proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 1996 Higher Education Capital Outlay Bond Fund, which is hereby created. 100120. The Higher Education Facilities Finance Committee created pursuant to Section 67353 shall be and is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of funding aid to the University of California, the California State University, the California Community Colleges, and the Hastings College of the Law for the construction, including the construction of buildings and the acquisition of related fixtures; the equipping of new, renovated, or reconstructed facilities; funding for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings; renovation and reconstruction of facilities; and the construction or improvement of off -campus facilities of the California State University approved by the Trustees of the California State University on or before July 1, 1990, including the acquisition of sites upon which these facilities are to be constructed. The addition of the Hastings College of the Law to this section is not intended to mark a change from the funding authorizations made by Section 67354, as contained in the Higher Education Facilities Bond Act of 1986, or Section 67334, as contained in the Higher Education Facilities Bond Act of 1988, but is intended to state more clearly what was intended by the Legislature in those sections as well. 100121. The board of governors of the California Community Colleges shall consider the historic significance of community college district buildings that are 50 years of age or older if those buildings are to be renovated, reconstructed, or demolished in connection with the construction of buildings utilizing the funds provided by this chapter. Article 4. Fiscal Provisions 100125. (a) Bonds in the total amount of three billion dollars ($3,000,000,000), not including the amount of any refunding bonds issued in accordance with Section 100175, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee created pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. 6 of 13 12/13/95 11:58:58 SB96 ... GOPHER_ROOT2:[BILL.CURRENT.SB.FROM000O.SBOO96]CURRVER.TX /:)i 100130. The State School Building Finance Committee, created by Section 15909 and composed of the Governor, Controller, Treasurer, Director of Finance, and the Director of Education, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall be designated to chair the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide the assistance to the committee as it may require. The Attorney General of the state shall be the legal adviser of the committee. 100135. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the "board" for purposes of administering the State School Building Lease -Purchase Fund. (c) For purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 1996 Higher Education Capital Outlay Bond Fund is designated as the "board" for projects funded by those appropriations. 100140. (a) Upon request of the State Allocation Board from time to time, supported by a statement of the apportionments made and to be made for the purposes described in Sections 100015, 100020, 100025, 100030, and 100035, the State School Building Finance Committee created pursuant to Section 15909 shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (b) The Higher Education Facilities Finance Committee created pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in Section 100120 that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 100120 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. 100145. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. 100150. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total 7 of 13 12/13/9511:58:59 SB96 GOPHER_ROOT2:[BILL.CURRENT.SB.FROMOOOO.SB0096]CURRVER.TXT;1/br iSdyb of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum that is necessary to carry out the provisions of Section 100165, appropriated without regard to fiscal years. 100155. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. The board shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. 100160. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes subject to designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds that is required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. 100165. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the State School Building Finance Committee or the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the State School Building Lease -Purchase Fund and the 1996 Higher Education Capital Outlay Bond Fund. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in Section 100120 by the University of California, the California State University, or the California Community Colleges shall be accompanied by the five-year capital outlay plan of the particular university or college and shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, by the 2002-03 fiscal year, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. 100170. All money deposited in the State School Building Lease -Purchase Fund, the Education Technology Fund, and the 1996 Higher Education Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. 100175. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General 8 of 13 12/13/9511:59:00 SB96 ...GOPHER_ROOT2:[BILL.CURRENT.SB.FROM000o.SB0096]CURRVER.TXT;1 /bill/SB96 Obligation Bond Law. Approval by the electors of the state for the issuance of the bonds described in this chapter shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. 100180. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not "proceeds of taxes" as that term is used in Article XIIIB of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. Article 5. Miscellaneous 100185. (a) Any remaining funds resulting or derived from the sale of bonds pursuant to Chapter 9 (commencing with Section 16400), Chapter 10 (commencing with Section 16500), Chapter 11 (commencing with Section 16600), Chapter 12 (commencing with Section 16700), Chapter 13 (commencing with Section 16800), Chapter 15 (commencing with Section 17000), Chapter 16 (commencing with Section 17100), Chapter 17 (commencing with Section 17200), Chapter 18 (commencing with Section 17300), Chapter 19 (commencing with Section 17400), and Chapter 20 (commencing with Section 17500), of Part 10, shall be transferred to the State School Building Lease -Purchase Fund and may be apportioned by the State Allocation Board for the purposes of the Leroy F. Greene State School Building Lease -Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10). (b) Any unsold bonds, authorized for issuance under Chapter 9 (commencing with Section 16400), Chapter 10 (commencing with Section 16500), Chapter 11 (commencing with Section 16600), Chapter 12 (commencing with Section 16700), Chapter 13 (commencing with Section 16800), Chapter 15 (commencing with Section 17000), Chapter 16 (commencing with Section 17100), Chapter 17 (commencing with Section 17200), Chapter 18 (commencing with Section 17300), Chapter 19 (commencing with Section 17400), and Chapter 20 (commencing with Section 17500), of Part 10 may be sold by the Treasurer, upon authorization by the State School Building Finance Committee for the purposes of the Leroy F. Greene State School Building Lease -Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10). QW_rI A Caotinn Z of thin art 6211,11 harnma affontiva npnn tha apprnvnl by *ho •11tera� at tho Marnh 79- 1QQr, Airert srimarIg alantinnr of the D11hliC Education Facilities Bond Act of 1996, as set forth in section 3 of this act. ayr, a Continn 2 of thio mr t- ali,l l be allhmi ttaA to the crnt era at 1 -be Marnh 7A' 1 QQK Ai ron1- py-iimmry al enti nn in annnrAanrl= with prncri ori nn62 of the rinlra rnment_ rods -end ih, Fl anti nna Coda go rami ng 1-120 an �gci nn of statawi Aa maa62nraa to tl,e voters a*+ nat�i* Lading a^ other provision of law, shall appear as the first proposition on the ballot. SCC r,ldntl.rit12standing anjj- n*her =rnvia. of lnw. nll hallnta of tha Marsh 1QQ ^Airer.t p-rimarjr alae -tion shall 12a%ra =rintorl *12erenn and in a aQ3+nra 1-herenf, �1__ ......-A... 11n.,L.1 -0.. LinnA nr-t of 1 QQr" anA in the name arnlare rnnatrnint i nn nr im= rrnrement of ati nn far+i l i ti as i nrl 11Ai ng el ementnry and §�nnnA =r anhnol a n/lmmllnl t;C nnl l agora thQ Cali £Qrni a CtatQ uni irrai *Ii,� anA_ the university of Califnrnin- mnA the allthnrivntinn.to allnni1-e hood fllnda and interest Aeri areA tharofrnm fr, a Cnhnnl Alf i 1 di ng DIA Annd T.a1u of 1 Q47 for piremani- dhl i n aC,} ra%l nnnatriinti nn Qr i m= rntramant I1 l4�nai to the a = 1arar � thee i,..11 he loft apanaa in 1.rhinh the untara may plana a nrnam in the manner required by law to indicate whether they vote for or against the act. whera the nt-inc; of the el onft i nn i a Anna bI maana of unt i ng marhi nam marl = 11rm11ant 1-n lam in the manner that narriaa n+,1- the intent of thin aention� the 11620 of the u,ti„g mae-hi„aa a"A the a =.-ass. of the unta+-a' choice by means thereof are in compliance with the provisions of this section. 9 of 13 12/13/9511:59:01 SB96 ..GOPHER_ROOT2:[BILL.CURRENT.SB.FROMOOOO.SB0096]CURRVER.'X ;'i)i ARr 7 Th' a not is nn „rgar,rr*aratnta r,ar•aaanr3r fnr tha immaAinta -n-raaarvntion of rho p„hlir saana, hmalthe nr aafatjr within the manning of Article T17 of the rnnStitLLtinn and shall go into immediate effect. The facts constituting the necessity are: Tn nrnnr *hat the Dahlin Fr9„ratinn Fnnilitias Rnnri nCt of 9QQ61 mnAP ho culnmi ttarl fnr 3rn*ar =p rn,r l nt the Mara}, 'DA 1 QQr r Ai rant = rimnrg al anti nn to �n�ri ria fi nnnr+ing fn?- „rgantl naaA&A ar.hnnl, innilage, and university facilities, it is necessary that this act take effect immediately. SEC. 4. Chapter 17 (commencing with Section 7440) is added to Title 7 of Part 3 of the Penal Code, to read: CHAPTER 17. VIOLENT AND CAREER CRIMINAL DETENTION BOND ACT OF 1996 7440. This chapter shall be known, and may be cited, as the Violent and Career Criminal Detention Bond Act of 1996 7441. The State General Obligation Bond Law is adopted for the purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this chapter, and theprovisions of that law are included in this chapter as though set out in full in this chapter except that, notwithstanding anything in the State General Obligation Bond Law, the maximum maturity of the bonds shall not exceed 20 years from the date of each respective series. The maturity of each respective series shall be calculated from the date of that series. 7442. There is in the State Treasury the 1996 Prison Construction Fund, which is hereby created. The proceeds of the sale of bonds authorized by this chapter shall be deposited in the 1996 Prison Construction Fund. Upon request of the Department of Corrections and upon approval of the Director of Finance, appropriations or augmentations to appropriations made from the 1984 Prison Construction Fund established by Section 7202, the 1986 Prison Construction Fund established by Section 7302, the 1988 Prison Construction Fund established by Section 7402, or the 1990 Prison Construction Fund established by Section 7422, or any combination thereof, may be funded from the 1996 Prison Construction Fund created by this section. If appropriations are so carried forward, 'fund" means the 1984 Prison Construction Fund, the 1986 Prison Construction Fund, the 1988 Prison Construction Fund, the 1990 Prison Construction Fund, or the 1996 Prison Construction Fund established by this section, or any combination thereof, as is appropriate. At least 30 days prior to requesting that an appropriation be carried forward as authorized by this section, the Department of Corrections shall notify the chairpersons of the fiscal committees in each house of the Legislature, and the Chairperson and the Vice Chairperson of the Joint Legislative Budget Committee. 7443. The 1996 Violent and Career Criminal Detention Bond Committee is hereby created. The committee shall consist of the Controller, the Treasurer, and the Director of Finance, or their designated representatives. A majority can act for the committee. The Treasurer shall chair the committee. That committee shall be the "committee, " as that term is used in the State General Obligation Bond Law. When funds are appropriated to the Department of Corrections, the department is the "board "for the purpose of the State General Obligation Bond Law and this chapter. When funds are appropriated to the Department of the Youth Authority, the Department of the Youth Authority is the "board"for the purpose of the State General Obligation Bond Law and this chapter. 7444. The committee is hereby authorized and empowered to create a debt or debts, liability or 10 of 13 12/13/95 11:59:02 SB96 ..GOPHER_ROOT2:[BILL.CURRENT.SB.FROM000O.SB0096]CURRVER.TXT;1 /bill/SB96 liabilities, of the State of California, in the aggregate principal amount of one billion nine hundred million dollars ($1,900,000,000), exclusive of refunding bonds, or so much thereof as is necessary, which may be issued and sold to provide a fund to be used for carrying out the purposes expressed in Section 7446 and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. 7445. The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then to be issued and sold. The committee may authorize the Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be fixed by the Treasurer. 7446. The moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance pursuant to Section 16 72 7 of the Government Code of state youth and adult correctional facilities. In addition, moneys in the fund may be used to help mitigate capital costs of school districts and local governments impacted by construction of state adult correctional facilities, provided that the cost of the mitigation does not exceed 11/2 percent of the total facility cost. Moneys deposited in the fund may be used also for the refinancing of interim debt incurred for any of the purposes specified in this section. 7447. (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both the principal thereof and interest thereon. (b) There shall be collected annually in the same manner and at the same time as other state revenue is collected, that sum, in addition to the ordinary revenues of the state, that is required to pay the principal of, and interest on, those bonds, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of that revenue to do and perform each and every act which shall be necessary to collect that additional sum. (c) All money deposited in the fund that has been derived from premiums or accrued interest on bonds sold shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (d) All money deposited in the fund pursuant to any provision of law requiring repayments to the state that is financed by the proceeds of the bonds authorized by this chapter shall be available for transfer to the General Fund. When transferred to the General Fund, that money shall be applied as a reimbursement to the General Fund on account of the principal of, and interest on, the bonds which have been paid from the General Fund. 7448. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasuryfor the purpose of this chapter such an amount as will equal the following: (a) That sum annually as will be necessary to pay the principal of, and the interest on, the bonds issued and sold pursuant to this chapter. (b) That sum as is necessary to carry out the provisions of Section 7449, which sum is appropriated without regard to fiscal years. 7449. For the purpose of carrying out this chapter, the Director of Finance may authorize, by executive order, the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has authorized, by resolution, to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the 11 of 13 12/13/9511:59:03 SB96 .GOPHER_ROOT2:[BI LL.CU RRENT.SB. FROMOOOO.SB0096]CU RRVER.TXT;1 /bill/SB96 committee in accordance with this chapter. Any money made available under this section to the board shall be returned by the board to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out this chapter. Those withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would otherwise have been earned by those sums in the Pooled Money Investment Account. 7450. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out the provisions of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has authorized, by resolution, to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. 7451. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of bonds shall include the approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. 7452. All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7446, but shall not be available for transfer to the General Fund to pay the principal of, and interest on, bonds. The money in the fund may be expended only as herein provided. Notwithstanding any other provision of this chapter, or the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and the use of those bondproceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. 7453. Money in the fund may be expended only pursuant to appropriations by the Legislature. 7454. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not 'proceeds of taxes" as that term is used in Article MUB of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. SEC. 5. Sections 3 and 4 of this act shall be separately submitted to the people. SEC. 6. (a) Section 3 of this act shall become effective upon the adoption by the voters of the Public Education Facilities Bond Act of 1996, as set forth in Section 3 of this act. (b) Section 3 of this act shall be submitted to the voters at the March 26, 1996, statewide direct primary election in accordance with provisions of the Government Code and the Elections Code governing the submission of statewide measures to the voters and, notwithstanding any otherprovision of law, shall appear as the first proposition on the ballot. 12 of 13 12/13/95 11:59:03 SB96 ...GOPHER_ROOT2:[BI LL.CU RRENT.SB. FROMOOOO.SB0096]CU RRVER.TXT;1 /bill/SB96 SEC. 7. (a) Section 4 of this act shall take effect upon the adoption by the voters of the Violent and Career Criminal Detention Bond Act of 1996, as set forth in Section 4 of this act. (b) Section 4 of this act shall be submitted to the voters at the November 5, 1996, statewide general election in accordance with provisions of the Government Code and the Elections Code governing submission of statewide measures to the voters and, notwithstanding any other provision of law, shall appear as the first proposition on the ballot. SEC. 8. Notwithstanding any other provision of law, all ballots of the March 26, 1996, statewide direct primary election, with respect to the measure set forth in Section 3 of this act, shall have printed thereon and in a square thereof, the words: "Public Education Facilities Bond Act of 1996" and in the same square under those words, the following in 8 point type: "This act provides for a bond issue of three billion dollars ($3,000,000,000) to provide capital outlay for construction or improvement ofpublic education facilities, including elementary and secondary schools, community colleges, the California State University, and the University of California, and the authorization to allocate bond funds and interest derived therefrom from the State School Building Aid Bond Law of 1952 for present-day public school construction or improvement." Opposite the square, there shall be left spaces in which the voters may place a cross in the manner required by law to indicate whether they vote for or against the act. Where the voting in the election is done by means of voting machines used pursuant to law in the manner that carries out the intent of this section, the use of the voting machines and the expression of the voters' choice by means thereof are in compliance with this section. SEC. 9. Notwithstanding any other provision of law, all ballots of the November 5, 1996, statewide general election, with respect to the measure set forth in Section 4 of this act, shall have printed thereon and in a square thereof, the words: "Violent and Career Criminal Detention Bond Act of 1996, " and in the same square under those words, the following in 8 -point type: "This act provides for a bond issue of one billion nine hundred million dollars ($1,900,000,000) to be used for construction of critically needed state adult and youth correctional facilities to house state criminal offenders as provided for in this act. " Opposite the square, there shall be left spaces in which the voters may place a cross in the manner required by law to indicate whether they vote for or against the act. Where the voting in the election is done by means of voting machines used pursuant to law in the manner that carries out the intent of this section, the use of the voting machines and the expression of the voters' choice by means thereof are in compliance with this section. SEC. 10. This act is an urgency statute necessaryfor the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: To prevent the possibility of court-ordered releases of violent or repeat felons, and to provide urgently needed school, college, and universityfacilities, it is necessaryfor this act to effect immediately. Senate Home Page MSearch Bill Text Senate Rules Committee / California State Senate / WebMaster@sen.ca.gov 13 of 13 12/13/9611:59:07 ..!/www. sen. ca.gov/leg info/bil I/current/sbffrom0000/sb0096/aacappr1.txt BILL ANALYSIS SB 96 Date of Hearing: September 11, 1995 ASSEMBLY COMMITTEE ON APPROPRIATIONS Charles Poochigian, Chair SB 96 (Greene) - As Amended: July 11, 1995 Policy Committee: Education Vote: 14-1 State Mandated Local Program: No Reimbursable: No SUBJECT Bonds: public education facilities. Urgency statute. 2/3 vote required. This bill: 1) Establishes the Public Education Facilities Act of 1996, and places a $3 billion general obligation (G.O.) bond measure for K-12 and higher education school facilities on the March 1996 ballot. 2) Requires that this measure be the first Proposition listed on the ballot. 3) States legislative intent that each community college governing board consider the historical significance of structures when developing plans for the addition to, or demolition of, buildings that are at least 50 years old. 4) Requires the Board of Governors of the Community Colleges to include an evaluation of whether a district has considered the significance of district buildings that are at least 50 years old when reviewing capital funding proposals, as specified. 5) Makes legislative findings regarding the capital outlay financing needs of the state's higher education segments. - continued SB 96 Page 1 SB 96 6) Requires that $2.025 billion of the bond proceeds be deposited in the State School Building Lease -Purchase fund for K-12 facilities. $960 million of this amount would not be 1 of 5 12/13/9511:56:54 ..!/www. sen. ca.gov/leginfo/bil I/currenVsb/from0000/sb0096/aacapprl .txt restricted; however, the bill restricts the allocation of the remaining $1.065 billion according to the following schedule: o Not more than $900 million for:. (a) portable classrooms; (b) reconstruction or modernization of facilities, including the wiring and cabling for computers and other high technology equipment; - continued SB 96 Page 2 SB 96 (c) air conditioning and insulation materials under specified conditions; (d) enrollment increases incurred from the location or expansion of state or federal prisons; (e) relocatable child care and development facilities; (f) classrooms for for severely handicapped pupils; (g) applicant districts that lack funding priority due to the size of pupil enrollment in the district; (h) high priority roof replacement projects; (i) construction and/or furniture and/or equipment designed to increase school security; 2 of 5 12/13/95 11:56:55 ..//www.sen.ca.gov/leginfo/bill/current/sb/from0000/sb0096/aacapprl .F.x-: (j) identification, assessment, or abatement of asbestos and lead; and (k) reconstruction or modernization for seismic safety in excess of 35 percent of the replacement cost of a structure. o $100 million for seismic retrofit of existing facilities. o $40 million for projects where the school district agrees to contribute 60W or more to the cost of the project. o $25 million for projects that include joint use of library and park and recreation facilities with school facilities, as specified. 7) Authorizes $975 million of the proceeds of the bond measure to be deposited into the 1996 Higher Education Capital Outlay Bond Fund created by the bill for allocation by the Higher Education Facilities Finance Committee for the purpose of funding capital - continued SB 96 Page 3 SB 96 projects of the University of California (UC), the California State University (CSU), the California Community Colleges, and the Hastings College of the Law. 8) Authorizes the proceeds of funds for the higher education segments to be allocated for new construction, reconstruction, fixtures and equipment. 9) Authorizes the higher education bond proceeds to be allocated for construction, reconstruction and site acquisition for improvement of certain off -campus facilities of the CSU. 10)Requires requests submitted to the Department of Finance and the Legislature for funding higher education facilities from the bond proceeds to be accompanied with a five-year capital outlay plan that includes a schedule that prioritizes the seismic retrofitting needs, as specified. 3 of 5 12/13/95 11:56:56 ..//www.sen.ca.gov/leginfo/bill/current/sb/fromuuuusDuuybaacappr . x. - continued SB 96 Page 4 SB 96 11)Specifies that the inclusion of the Hastings College of the Law in the bond act is intended to clarify legislative intent. 12)Provides for the transfer of about $5 million in unused bond proceeds, and the sale of roughly $40 million in unissued bonds, from previous codified school facilities bond measures previously provided as loans to instead be allocated under the school lease -purchase program, as specified. FISCAL EFFECT o $5.2 billion non -Proposition 98 General Fund for debt service on $3 billion of G.O. bonds issued at 7 percent interest for a period of 20 years. This would result in an average annual debt service cost of $260 million from the General Fund. o $69 million in non -Proposition 98 General Fund for debt service on the sale of approximately $40 million in previously authorized but unissued bonds at 7 percent interest for a period of 20 years. This would result in an average annual debt service cost of $3.45 million from the General Fund. o $5 million non -Proposition 98 General Fund redirected from the unallocated proceeds of various school bond measures to the lease -purchase program. o $400,000 General Fund to the Secretary of State for preparation and distribution of ballot arguments. COMMENTS o Existing law (1995 Budget Act, Chapter 308/95 the education budget trailer bill, and Section 17780 of the Education Code) provides for: (1) $370 million in lease revenue bonds and $28 million in G.O. bonds for capital outlay, and $75 million for deferred maintenance for the three higher education segments in 1995-96; and - continued SB 96 Page 5 4 of 5 12/13/95 11:56:56 ...//www.sen.ca.gov/leginfo/bill/current/sb/fromODUUlsoUUUbiaacappr ..A. SB 96 (2) up to $373 million of additional funds for K-12 school districts for deferred maintenance and other one-time uses in 1994-95 and 1995-96. o According to the State Allocation Board there are $960 million worth of "zero apportioned" approved priority -one and priority -two K-12 projects waiting to be funded under the lease -purchase program. In addition, there are numerous other K-12 projects totaling nearly $13 billion in various stages of project application and review. - continued SB 96 Page 5 of 5 12/13/9511:56:56 CITY OF DIAMOND BAR J AGENDA REPORT AGENDA NO. 7 , l 1 TO: Terrence L. Belanger, City Manager MEETING DATE: December 19, 1995 REPORT DATE: December 13, 1995 FROM: George. A. Wentz, Director of Public Works\City Engineer TITLE: Approval of Plans and Specifications for Construction of Sunset Crossing Road Cul -de -Sac Improvement Project Near Westerly City Limit SUMMARY: The proposed project would create a "cul-de-sac" at the west end of Sunset Crossing Road and provide for a concept plan for other uses. RECOMMENDATION: It is recommended that the City Council (1) approve Resolution 95-xx approving the plans and specifications for the project and authorize the City Clerk to advertise for bids, and (2) authorize an expenditure of up to $7,500 to prepare a concept plan for other uses of the site for work to be completed by Purkiss-Rose/RSI and Charles Abbott Associates, Inc. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: Public Hearing Notification X Bid Specifications (on file in City Clerk's office) _ Other: Proposals (on file in City Clerk's office) 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 X No 4. Has the report been reviewed by a Commission? N/A _ Yes X No Which Commission? 5. Are other departments affected by the report? N/A _ Yes X No Report discussed with the following affected departments: REVIEWED BY: City Manager C:\WP60\LINDAKAY\.AGEN95\SUNSETI.219 Assistant City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 19, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Approval of Plans and Specifications for construction of Sunset Crossing Road Cul -de -Sac Improvement Project near westerly City Limit ISSUE STATEMENT: Should the westerly end of Sunset Crossing be cul-de-sac'd to create additional parking adjacent to the YMCA properties? RECOMMENDATION: It is recommended that the City Council (1) approve Resolution 95-xx approving the plans and specifications for the project and authorize the City Clerk to advertise for bids, and (2) authorize an expenditure of up to $7,500 to prepare a concept plan for other uses of the site for work to be completed by Purkiss-Rose/RSI and Charles Abbott Associates, Inc. FISCAL SUMMARY: The 1995-96 budget includes $125,000 for all aspects of this project. It is anticipated that construction costs for Phase I for the parking/cul-de-sac and concept plan will not exceed $50,000. BACKGROUND AND DISCUSSION: Sunset Crossing Road west of SR57 is categorized as a residential street and has been so designated in the City's adopted General Plan. At the time the General Plan was being discussed, the City Council, as well as the other support commissions/committees, expressly included an item to maintain the integrity of the residential use of Sunset Crossing Road. On pages V-21, V-22, V-24 and,V-25 (attached) of the General Plan, as adopted, specific language is included to implement strong measures to maintain the integrity of residential neighborhoods. Further, the circulation element was adopted in compliance with government code section 65302 (b). In addition, the cul-de-sac improvement project was approved by the Planning Commission as part of the Capital Improvement Projects for Fiscal Year 1995-96 pursuant to government code 65401. Sunset Crossing Cul -de -Sac Page 2 December 19, 1995 In light of these issues, the City Council directed staff to "cul-de-sac" this section of Sunset Crossing Road and to create additional parking facilities adjacent to the parks and other uses in the area. Staff is proposing a three phased approach: (1) Construction of the cul-de-sac/parking; (2) Preparation of a concept plan; and (3) Construction of any roller hockey and skateboarding facilities deemed appropriate. As a result, staff has prepared plans and specifications for the proposed Phase I Project. The plans and specifications address the following: • Creation of a cul-de-sac to compliment the residential nature of the area • A median to "highlight" the entrance into the vicinity • Islands to create the cul-de-sac effect • Colored/stamped concrete to delineate entry into the parking area • River rock on the islands and median to maintain the City theme of all existing medians • Creation of approximately 40 + stripped parking spaces, as proposed • Adequate access to YMCA facilities • Additional curb/gutter at the west end (optional) In addition, staff believes that this is a viable location to consider inclusion of a roller hockey and/or skate boarding area in the future, in response to resident requests. In coordination with Mr. Rose, staff proposes to assess this viability and complete Phase II. To accommodate this, however, additional review and design will be necessary. Staff is requesting authorization to proceed with a concept design and site layout of how this would be accomplished. General tasks would include: • Coordination with YMCA • Coordination with Parks and Recreation Commission • Coordination with the potential users • Review and inclusion of the "best" aspects from other facilities in use • Preparation of a site layout, including timing and costs Staff would prepare to bring this matter back to City Council in about 3-4 months. Sunset Crossing Cul -de -Sac Page 3 December 19, 1995 CONCLUSION The phased approach proposed meets the intent of the City's General Plan, addresses the immediate need for increased parking and maintaining the residential integrity of the street, and will address prospective longer range uses for the site. Prepared By George A. Wentz Bob Rose C:1WP60\LINDAKAY\CCR-951sunset1.219 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) 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: Sunset Crossing Road Cul -de -Sac Improvement Project (Westerly City Limit to 400' Easterly). 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 23rd day of January 1996, sealed bids or proposals for: Sunset Crossing Road Cul -de -Sac Improvement Protect (Westerly City Limit to 400' Easterly) 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, Sunset Crossing Road Cul -de -Sac Improvement Project (Westerly City Limit to 400' Easterly), to be opened at 10:00 A.M. on January 23rd, 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 1130 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make 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 §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 (lo%) 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 faithf ul 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. 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 A :VC 1vLAJ'0V1Q-Lv,1001-)-^, il::Okwooll '00' • : ptimizii g sigr d s ynchronizat o i; • E acourag n , pr jes is to impro, a it te: char ,,e at Roi to 57P 0: air i • E rovidinl t irnc it Imes, where b n of. sial. 6. l acreas � the Effectiveness or State 1.oute 57 frtd 60 to Diseourage hrough Re donal Traffic Ilse of D amm,d Bai- Streets t is desirable to i educe 0 a use if IXamond Bar ; heets by re,ional :ra�fic ISSUE .I.1ALYSL 0te of the most feasible cpi roacks the City c,tn take to reduce re„ional traffic on Di vwnd Bar Boulevard is to work with Cali ran, to improve conditions on Stute Rozete 57 &nd 6). Possible improvements include: • l Ipgrade the ST? 57160 interchange to elimi iate undue at -grade conflicts weaving maneuvers and idding lanes or frontage roans between key interchanges; • Provide HOV and connector lanes on both SR57 and SR60; and • Provide truck climbing lanes where appropriate. 7. Surrounding Roadway Systems Impacting the City It is also recognized that various roadway and street improvements are proposed or presently under construction in neighboring communities or by other agencies which may impact the City of Diamond Bar's transportation plans. ISSUE ANALYSIS: Certain projects either planned or under construction have been identified which may impact traffic circulation in the City. These projects include but are not limited to: • Completion of Route 30 • Upgrade of SR71 to freeway standards • Improve the capacity of Interstate 10 (San Bernardino Freeway), State Route 60 (Pomona Freeway) and State Route 142,(Carbon Canyon Road) • Completion of the High Occupancy Vehicle (HOV) System on Interstate 10, Route 60, and State Route 57 from the San Bernardino and Orange County lines to - Highway 101. 8. Maintain the Cul -de -Sacs of Sunset Crossing Road, Beaverhead Drive, Washington Street and Lycoming Street at the City's Boundaries. Sunset Crossing Road is presently a four -lane roadway providing access to/from a residential area of northwest Diamond Bar. Sunset Crossing Road west of Route 57 has an interchange with southbound Diamond Bar General Plan Circulation Element July 25, 1995 V-21 Route 57, extends westerly and terminates east of the City limits adjacent to a park and Little League field. The County of Los Angeles Highway Plan assumes Sunset Crossing Road is to be extended southwesterly, through the City of Industry to a connection with Washington Street or in the vicinity. The City of Industry is considering the development of the area beyond the westerly terminous of Sunset Crossing Road, Beaverhead Drive, Washington Street and Lycoming Street with industrial uses and a waste -to -rail materials recovery facility. The proposed development of industrial uses would significantly increase the volume of traffic along these residential streets and introduce a significant number of trucks into these residential neighborhoods. ISSUE ANALYSIS: The City should implement strong measures to maintain the integrity of residential neighborhoods. D. GOALS, OBJECTIVES AND STRATEGIES "IT IS THE OVERALL GOAL OF THE PLAN TO PROVIDE A SAFE, ADEQUATE AND ENVIRONMENTALLYSENS777VE TRANSPORTATION SYSTEM TO MEET THE CIRCULA77ON NEEDS OF THE CMZENS OF DIAMOND BAR.' GOAL 1 "Consistent with the Vision Statement, enhance the environment of the City's street network. Work toward improving the problems presented by the intrusion of regionally oriented commuter traffic through the City and into residential neighborhoods. Consider programs to reinforce the regional transportation and circulation system to adequately accommodate regional needs." Objective 1.1 Participate in local and regional transportation related planning and decision- maldng. _ Strategies: 1.1.1 Preclude the connection of roadways from adjacent jurisdictions into the City unless demonstrable benefits to Diamond Bar residents and businesses are indicated. 1.1.2 In reviewing transportation improvements, maintain a clear distinction between local and regional objectives. 1.1.3 Ensure the opportunity for public comment on major changes in operational characteristics of the circulation system. 1.1.4 Initiate regional traffic mitigation efforts with the cities of Brea and Chino Hills by forming a task force, assisted by technical personnel to evaluate alternative travel corridors through the easterly portion of the Sphere of Influence. Efforts will generally include: (a) Recognition of environmentally sensitive areas; (b) Identification of the types of environmentally sensitive roadways which will be considered; (c) Avoid any roadway within the Significant Ecological Area (SEA 15). Diamond Bar General Plan Circulation Element July 25, 1995 V-22 1.1.7 Encourage Orange and San Bernardino Counties to fund and construct an environmentally sensitive transportation corridor through Soquel Canyon and/or Carbon Canyon. 1.1.8 Coordinate the use of 'land use policies from neighboring communities and incorporate all existing traffic data including improvements and proposal for the regional circulation system. 1.1.9 Encourage improvements to regional routes and arterial streets to be sensitive to environmentally, aesthetic and noise concerns and provide adequate buffets to adjacent land uses. 1.1.10 Through the use of the provisions of the California Health and Safety Code, Division 24, Parts 1, 1.5 and 1.7, pursue a comprehensive and, if possible, coordinated effort with the City of Industry and the State of California to upgrade the one mile stretch of freeway carrying the SR57 and SR60; and upgrade the interchanges of Brea Canyon Road and the SR60; Grand Avenue and the SR57/60; and Diamond Bar Boulevard at the SR57 north and south; and the widening of Golden Springs Drive. Objective 1.2 Balance the need for optimum traffrcflow on City Arterials within economic realities, environmental, and aesthetic considerations. Strategies: 1.2.1 Prepare programs for traffic control measures including, but not limited to, additional stop signs at problem intersections, timing of signals and regulation of speed limits. 1.2.2 Maintain flexibility in the cross sections and configuration of streets within topographically rugged or environmentally sensitive areas. 1.2.3 Pursue other traffic measures to enhance circulation and transient traffic movements. Objective 1.3 Maintain the integrity of residential neighborhoods. Discourage through traffic. Strategies: 1.3.1 Prevent the creation of new roadway connections which adversely impact existing neighborhoods. I ot 1.3.2 Implement traffic control programs in 1.2.1 to reduce and divert through traffic. 1.3.3 Design new developments and their access points in such a way that the capacity of local residential streets is not exceeded. 1.3.4 Minimize impacts of roadways serving the proposed future Diamond Ranch High School site on surrounding residential neighborhoods. Diamond Bar General Plan Circulation Element July 25, 1995 V-24 1.3.5 The City should implement strong measures to maintain the integrity of the Sunset Crossing Road and other residential areas at the western City limits by cul-de-sacing Sunset Crossing Road and retaining the cul-de-sacing of Lycoming, Washington and Beaverhead Streets. GOAL 2 "Consistent with the Vision Statement, provide a balanced transportation system for the safe and efficient movement of people, goods and services through the City. " Objective 2.1 Maximize the use of alternative transportation nodes within and through the City to decrease reliance on single passenger automobiles. Strategies: 2.1.1 Maximize the availability and use of public transit service. 2.1.2 Investigate the feasibility of establishing a local transit system. Support privately funded local transit systems for seniors and youths. 2.1.3 Support mixed-use developments to maximize transportation efficiency. 2.1.4 Pursue a cooperative effort with Caltrans and regional transit providers to develop a major intermodal transportation facility at the Metrolink Station near Brea Canyon Road and SR60. 2.1.5 Encourage participation in carpools through the use of City publications and public displays. 2.1.6 Coordinate to the extent possible with neighboring cities in the development of a Transportation Demand Management (TDM) plan. 2.1.7 Work with Caltrans to build new Park and Ride sites and expand existing Park and Ride facilities. 2.1.8 Maintain, expand and upgrade the system of bicycle routes connecting residential areas to major community attractions utilizing current City design guidelines. Upgrades of the current system will include investigative means to improve signing and marking of bikeways. The City shall develop a master plan of bikeways. 2.1.9 Pursue a cooperative joint agencies program to provide access for Diamond Bar residents to a regional light rail system. 2.1.10 Lobby Caltrans to provide HOV lanes on local freeways. 2.1.11 Explore the feasibility of interconnected public equestrian trails. 2.1.12 Explore the feasibility of interconnected public hiking trails. Objective 2.2 Maximize connection of all areas within the City through the circulation system. Diamond Bar General Plan Circulation Element July 25, 1995 V-25 December 13, 1995 Terry Belanger, City Manager City of Diamond Bar 21600 Copley Drive, Suite 100 Diamond Bar, CA 91765 Dear Terry: The Executive Committee of the Diamond Bar/Wainut YMCA Board of Directors has met and discussed proposed city plans for the placement of the Sunset Crossing cul de sac. The YMCA Board is eager to work with the city on these plans that include the relocation of the driveway to the YMCA lot on the north side of Sunset Crossing. The YMCA is also aware of a proposed public access arca that may include a skateboard area and roller hockey rink. The YMCA is willing to discuss an encroachment of 10 feet onto YMCA property on the north side of Sunset Crossing. The YMCA would also like to discuss the possibility of operating such a facility to the benefit of the youth of the community and the citizens of Diamond Bar. Thank you for the opportunity to work with the city and we look forward to hearing from you. Respectfully, jn itc Director 22600 SUNSET CROSSING • DIAMOND BAR, CALIFORNIA 91766 • (909) 860-0387 A BRANCH OF THE POMONA VALLEY METROPOLITIAN YMCA TO: 41M C -UT Cal]LI-V DUIVE • NUITF 100 DIAMOND BAR, CA 91765-4177 909-860-2489 • FAX909-861-3I17 LETTER OF TRANSMITTAL Date: _ s Job No. Attention: Re: ' WE ARE SENDING YOU: Attached Under separate cover via the following items. Shop drawings Prints Plans Samples Specifications Copy of letter Change order other COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: For approval Approved as submitted For your use Approved as noted As requested Returned for corrections Review/comment Other FOR BIDS DUE 19 _ REMARKS: -1 COPY TO: SIGNED: Resubmit copies for approval Submit _ copies for distribution Return ' corrected prints PRINTS RETURNED AFTER LOAN TO US CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) PR LI a INARY NOT A'PROVED CITY OF DIAMOND BAR Eileen R. Ansari Bob Huff Clair W. Harmony Phyllis E. Papen Gary H. Werner Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Terrence L. Belanger City Manager CITY OF DIAMOND BAR SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) 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 23rd, 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 BIDFORM . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 13 BIDDER'S PROPOSAL . . . . . . . . . . . . . . . 1 - 2 BIDSCHEDULE . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . 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 - 20 GENERAL CONDITIONS . . . . . . . . . . . . . . 1 - 2 SPECIAL CONDITIONS . . . . . . . . . . . . . 3 - 20 STANDARD DRAWINGS . . . . . . . . . . . . . . . . . . . APPENDIX A CONSTRUCTION DRAWINGS . . . . . . . APPENDIX B, SHEETS 1 & 2 of 2 Table of Contents - Page i NOTICE INVITING SEALED BIDS FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) CITY OF DIAMOND BAR NOTICE INVITING SEALED BIDS FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) 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 23rd, 1996 for the construction of curb and gutter, PCC, and pavement striping and markings and other incidental and appurtenant work. The words "Bid: City of Diamond Bar, Sunset Crossing Road Cul-de-sac Improvement Project (Westerly City Limit to 400' Easterly) to be opened at 10:00 o'clock a.m. on January 23rd, 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 23rd, 1996. DESCRIPTION OF WORK: The work to be performed or executed under these specifications consists of and includes the construction of curb and gutter, PCC, and pavement striping and markings 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 $ 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. 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 Notice Inviting Sealed Bids - Page 2 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 RATS: 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 By: DATE: Lynda Burgess, City Clerk Notice Inviting Sealed Bids - Page 2 CITY COUNCIL RESOLUTION FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) RESOLUTION NO. 95 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) 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. RE SOLUTION. 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: Sunset Crossing Road Cul -de -Sac Improvement Project (Westerly City Limit to 400' Easterly). 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 23rd day of January 1996, sealed bids or proposals for: Sunset Crossing Road Cul -de -Sac Improvement Project (Westerly City Limit to 400' Easterly) 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, Sunset Crossing Road Cul -de -Sac Improvement Project (Westerly City Limit to 4001 Easterly), to.be opened at 10:00 A.M. on January 23rd, 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 1 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 SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) 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 form, 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 - P7 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 EOUAL": 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 - P7 76 BID FORM FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) BIDDER'S PROPOSAL FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) 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: k1Z Lne Aiaaer 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 cash", or "bidder's bond" as the case may be) ten percent (10%) of the total bid. "cashiers 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 "BASIC" BID SCHEDULE FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) ITEM ITEM DESCRIPTION EST. UNIT ITEM EXTENDED NO. QTY. AMOUNT AMOUNT (In Fig- (In Fig- ures) ures) 1. 8" PCC CURB, INCLUDING 76 LF $ $ Bid Form- Page 3 REMOVALS & REPAVEMENT TO JOIN 2. 8" PCC CURB & GUTTER, 230 LF $ $ INCLUDING REMOVALS & AC REPAVEMENT TO JOIN 3. 8" THICK LONGITUDINAL 29 LF $ $ GUTTER, INCLUDING REMOVALS & AC REPAVEMENT TO JOIN 4. 4" THICK PCC OVER SAND 400 SF $ $ BASE, , INCLUDING REMOVALS 5. RIVER ROCK, IN PLACE, 1000 SF $ $ INCLUDING REMOVALS 6. 8" THICK COLORED STAMPED 216 SF $ $ CONCRETE PAVEMENT, INCLUDING.REMOVALS & AC REPAVEMENT TO JOIN 7. STEEL PLATED LONGITUDINAL 64 LF $ $ CURB DRAIN, INCLUDING REMOVALS 8. SIGNING, STRIPING & ---- LS $ $ PAVEMENT MARKINGS, INCLUDING REMOVALS 9. RECYCLED PLASTIC WHEEL 44 EA $ $ STOPS, IN PLACE 10. 2" AC OVER COMPACTED FILL, 1300 SF $ $ INCLUDING REMOVALS TOTAL AMOUNT BID (IN FIGURES): $_ TOTAL BID AMOUNT (IN WORDS): Bid Form- Page 3 "ALTERNATE" BID SCHEDULE FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) ITEM ITEM DESCRIPTION EST. UNIT ITEM EXTENDED NO. QTY. AMOUNT AMOUNT (In Fig- (In Fig- ures) ures) 1. 8" PCC CURB, INCLUDING 76 LF $ $ REMOVALS & REPAVEMENT TO JOIN 2. 8" PCC CURB & GUTTER, 126 LF $ $ INCLUDING REMOVALS & AC REPAVEMENT TO JOIN 3. 8" THICK LONGITUDINAL 29 LF $ $ GUTTER, INCLUDING REMOVALS & AC REPAVEMENT TO JOIN 4. 4" THICK PCC OVER SAND 400 SF $ $ BASE, , INCLUDING REMOVALS 5. RIVER ROCK, IN PLACE, 1000 SF $ $ INCLUDING REMOVALS 6. 8" THICK COLORED STAMPED 216 SF $ $ CONCRETE PAVEMENT, INCLUDING REMOVALS & AC REPAVEMENT TO JOIN 7. STEEL PLATED LONGITUDINAL 64 IF $ $ CURB DRAIN, INCLUDING REMOVALS 8. SIGNING, STRIPING & ---- LS $ $ PAVEMENT MARKINGS, INCLUDING REMOVALS 9. RECYCLED PLASTIC WHEEL 44 EA $ $ STOPS, IN PLACE TOTAL AMOUNT BID (IN FIGURES): TOTAL BID AMOUNT (IN WORDS): Bid Form- Page 4 PROJECT LOCATION CLIENT CONTRACTOR Name Under WhichLicense Subcontractor is Number Licensed LIST OF SUBCONTRACTORS * BID OPENING DATE PROJECT NO. Address of Office, Percent Specific Description Mill, or Shop 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 5 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 1991 1992 1993 1995 1995 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 City Zip Code State Contractors' Lic. No. & Class. Telephone Bid Form- Page 6 AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA } )SS COUNTY OF LOS ANGELES ) deposes and says: being first duly sworn, 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 7 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) duly sworn, deposes and says: That he is of, , being first 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 8 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 9 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) Bid Form- Page 10 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 23rd day of January 1996, for Sunset Crossing Road Cul-de-sac Improvement Project (Westerly City Limit to 400' Easterly). 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 11 CERTIFICATION OF Nondiscrimination AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies thatit 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 12 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. (COMPANY) BY: (TITLE) DATE: , 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 13 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 74 CONTRACT AGREEMENT AND BONDS FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) AGREEMENT FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) 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 1 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(20) working days from the date of the notice to proceed. Contract Agreement & Bonds - Page 1 such contracts and if other CONTRACTOR'S on the public works site are making such contributions. ly with he The CONTRACTOR and subc sn 77 5 and e1777 6 r him sinlthe oemt employment of requirements of Sectio apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Direcrenticesh p,or Of industrial Relations, ex -officio the Administrator of App Francisco, California, or from the Division of Apprenticeship Standards and its branch off ices. 7, LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the any sub- execution of this contract, and the CONTRACTOR a od erned by the laws contractor under him shall comply with and be g of the State of California terilg to do 3 of thewith nLaborrcodetofothe in Division 2, Part 7, Chap , State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under work hereinbefore mentioned, for each calendar him, upon any of the wworkman or mechanic is required or day during which the laborer, permitted to labor more than eight (8) hours iviolation of the n Labor Code. 8, TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay execute the travel and subsistence pont act cas workman travel and subsistence work required by this applicable collective bargaining payments are defined in the agreements filed in accordance with Labor Code section 1773.8. 9. CONTRACTOR'S LIABILITY: The City o teesm Diamond r anot its officers, agents and employees able or accountable in any manner for any loos for aaya of that answer the may happen to the work or any part thereof, ed or employed in performing the work; materials or other things us or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontraertr�fromt any he ucause or for damage to adjoining or other prop y rformance of whatsoever arising out of or in connection with the pe or the work. The CONTRACTOR N Tor propershall ty r resulting fle orom ridef damage or injury to any person obstructions or from any cause whatsoever. and The CONTRACTOR will indemnify Indemnitees against and will hold save Indemnitees harmless from any ob1 alert ionsoor�liabilities that to persons or property, penalties, g ration, may be asserted or claimed by any person, firm, entity, corporation, Contract Agreement & Bonds - Page 5 out political subdivision, or other organization arising tis Of of rthe in connection with the work, operation, subcontractors or invitees CONTRACTOR, his agents, employees, 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 city etained by hall be considered necessary by y Y b 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 CNTRACTOR to the penalties provon of such person. A ided for lation ointLabor Code Secthis section ion 1735• CONTRACTOR 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 to ensesonecessTarilyRshall i incurred priorr ofor theervices effectivedered a nd date exp 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 SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter 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 has been awarded and is about to said City for consideration of entitled ARE SUCH, that whereas, said contract enter into the annexed contract with the work under the specification 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 SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter 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, 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: ( SEAL ) SURETY ( SEAL ) Contract Agreement & Bonds - Page 10 PROJECT SPECIFICATIONS (GENERAL and SPECIAL CONDITIONS) FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) PROJECT SPECIFICATIONS GENERAL CONDITIONS FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) 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 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 SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) 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 SECTION 2. SCOPE AND CONTROL OF WORK. Project Specifications - Page 3 Special Conditions Part 1 - General Provisions 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 finally executed, to furnish evidence of its corporate existence Project Specifications - Page 4 Special Conditions Part 1 - General Provisions 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, 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 ($ ) 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 400 E. Phillips Blvd. District RC 3680 G 800 S. Garey Avenue Project Specifications - Page 6 Special Conditions Part 1 - General Provisions Pomona, CA 91766 (909) 865-3327 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 Company 3939 East Coronado St Anaheim, CA 92708 (714) 666-5443 Pomona, CA 91766 (909) 397-4820 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 protection of any utilities and for any damage to any such utility during the prosecution of work. Any damage to utility Project Specifications - Page 7 Special Conditions Part 1 - General Provisions 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 (909) 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 WORKING DAY HOURS OF ACTIVITIES. The contractor's activities shall be confined to the hours between 7:00 AM and 4:00 PM on Project Specifications - Page 8 Special Conditions Part 1 - General Provisions 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 construction of the work or the the contractor's operations remove, damage or reduce the reflectivity of these existing Project Specifications - Page 9 Special Conditions Part 1 - General Provisions 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 storage of equipment, materials or debris will be allowed in the street area. Project Specifications - Page 10 Special Conditions Part 1 - General Provisions 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 done in accordance with any alterations of the same shall Project Specifications - Page 11 Special Conditions Part 1 - General Provisions 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 SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) 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 by addition of the following subsection. subsection 200-1.7 Stone for River Rock Surface Treatment. Stone utilized for river rock surface treatment shall be of the size as shown on the plans. Stones shall be of granitic origin and shall be generally rounded or elongated from the natural effects of streambed erosion. visual evaluation of the source, including evaluation of individual stones, may may be used to determine the acceptability of the stone. The Contractor shall notify the City Engineer of the source of the stone 14 days prior to obtaining the stone to allow for inspection of the source and representative samples of individual stones. All stones shall be clean and free from deleterious impurities, including alkalai, earth, clay, refuse and adherent coatings. All stones is subject to the approval of the City Engineer. SUBSECTION 200-2 UNTREATED BASE MATERIALS Project Specifications - Page 13 Special Conditions Parts 2 & 3 - Construction Materials & Methods Subsection 200-2.1 General. Untreated base shall be crushed aggregate base. Subsection 200-2.2 Crushed Aggregate Base. Subsection 200-2.2.3 Quality Requirements. The minimum R -value requirement will not be waived. 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 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 shall be Class and Grade C2 -AR -4000. SECTION 206 MISCELLANEOUS METAL ITEMS SECTION 206-7 STEEL POSTS FOR ROADSIDE SIGNS Section is hereby added. New poles for roadside traffic signs shall meet the requirements for steel posts as shown on Los Angeles County Department of Public Works Standard Plan 1920-0. PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK 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. Project Specifications - Page 14 Special Conditions Parts 2 & 3 - Construction Materials & Methods Bituminous pavement shall be removed to clean, straight, neatly sawcut edges. SUBSECTION 300-2 UNCLASSIFIED EXCAVATION 300-2.9 Payment. Subsection is amended by addition of the following after the last paragraph of the subsection. When the contract does not include a pay item for unclassified excavation as specified above, full compensation for any necessary excavation required to perform the construction work specified shall be included in the price bid for the item of work for which the excavation is required and no additional compensation will be paid therefore. SUBSECTION 300-4 UNCLASSIFIED FILL 300-4.9 Measurement and Payment. Subsection is amended by addition of the following after the last paragraph of the subsection. When the contract does not include a pay item for unclassified fill as specified above, full compensation for any necessary fill required to perform the construction work specified shall be included in the price bid for the item of work for which the fill is required and no additional compensation will be paid therefore. SECTION 302 - ROADWAY SURFACING SUBSECTION 302-6 PORTLAND CEMENT CONCRETE PAVEMENT Subsection 302-6.1 General. subsection is amended by addition of the following. When colored concrete pavement is specified, concrete shall be colored as specified in Subsection 303-6. Color shall be achieved by Method B only. Subsection 302-6.4 Finishing. Subsection is amended by addition of the following subsection. Subsection 302-6.4.5 Finishing Stamped Concrete Pavement. Stamped concrete pavement shall be finished as specified in Subsection 303-6. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTOIN SUBSECTION 303-6 STAMPED CONCRETE _ Project Specifications - Page 15 Special Conditions Parts 2 & 3 - Construction Materials & Methods Subsection 303-6. Color Applications. Color application for colored stamped concrete pavement shall be achieved by Method B only. SECTION 310 - PAINTING SUBSECTION 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings. 310-5.6.1 General. Subsection is amended by addition of the following. Existing traffic striping and markings that do not conform to the Plans shall be removed by wet sand blasting. 310-5.6.4 Geometry, Stripes and Traffic Lanes. and 310-5.6.5 Traffic Stripes and Markings. Subsections are amended by addition of the following to each. All details and dimensions for traffic striping shall conform to Caltrans Traffic Manual and Mainteance Manual. Pavement legends shall conform to the Agency's stencils. 310-5.6.7 Layout, Alignment, and Spotting. Subsection is amended by addition of the following. The contractor shall furnish the necessary control points for all striping and markings, and shall be responsible for the completeness and accuracy threof to the satisfaction of the City Engineer. Spotting shall be completed prior to the removal of any existing striping. Existing striping and markings shall be removed prior to painting new sttriping and markings, but in no casre shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays. 310-5.6.8 Application of Paint. Subsection is amended by addition of the following. All paint shall be applied in one coat. Reflective material shall be applied as specified in Section 210-1.6.1 of the Standard Specifications and these Special Conditions. 310-5.6.10 Measurement and Payment. The first paragraph of subsection is herby deleted and replaced with the following. Payment for traffic striping and marking will be at the lump sum price bid for Signing and Striping and shall be full compensation for furnishing all labor, materials, tools, Project Specifications - Page 16 Special Conditions Parts 2 & 3 - Construction Materials & Methods equipment and incidentals necessary to perform all work, involved in, or appurtenant to traffic striping and marking, complete in place, as shown on the plans and as required by the Contract Documents. SECTION 313 ROADSIDE SIGNS Section is hereby added. 313-1 TRAFFIC SIGNS General. All details and dimensions for traffic signs, and the installation thereof, shall conform to the latest editions of the California Department of Transportation Traffic Signs specifications, Traffic Manual, Maintenance Manual, the State Standard Plans and the state specifications. Materials shall be certified by the manufacture as meeting all applicable specifications. Copies of manuals are availiable from the State of California, Department of Transportation, Central Publication Distribution Unit, 6002 Folsom Boulevard, Sacramento, CA 95819. Installation. Signs shall be installed on metal posts meeting the requirements of Section 206-7. Anchors, posts and sleeves shall be set plumb in accordance with Los Angeles County Department of Public Works Standard Plan 1920-0. Where the post is to be installed in an area of exsiting PCC, the PCC shall be neatly core drilled to accomadate the installation. After installation the annular void space shall be filled with quick setting epoxy grout level with the existing surrounding surface. Signs of the type shown on the plans shall be securely fastened to the poles as shown on Los Angeles County Department of Public works standard Plan 1920-0. Signs shall be installed at a height to provide seven (7) foot clearance betweeen the bottom of the sign and the finsih surface or grade below useing stainless steel bolts, nuts and washers. Posts shall be adjusted to extend no more than 2" above the top of the sign. 310-1.3 Payment. Payment for traffic signs will be at the lump sum price bid for Signing and Striping and shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to perform all work, involved in, or appurtenant to traffic signing, complete in place, as shown on the plans and as required by the Contract Documents. EXPLANATION OF BID ITEMS BID ITEM NO. 1. 2 & 3 - 8" PCC Curb and 8" PCC Curb and Gutter and 8" Thick Longitudinal Gutter Project Specifications - Page 17 Special Conditions Parts 2 & 3 - Construction Materials & Methods GENERAL. The contractor shall construct Curb and Curb and Gutter and Longitudinal Gutter as shown on the plans and required by the specifications. This work shall include saw cutting, excavation and removals, preparation of subgrade, forming, pouring and finishing PCC, replacing bituminous AC pavement to join existing pavement 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 Curb only and Curb and Gutter and Longitudinal Gutter 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 replacing bituminous AC pavement as shown on the plans and as required by the Contract Documents. BID ITEM NO. 4 - 4" PCC Over Sand GENERAL. The contractor shall construct 4" PCC as shown on the plans and required by the specifications. This work shall include saw cutting, excavation and removals, preparation of subgrade, furnishing, placing and compacting base, forming, pouring and finishing PCC, 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 4" PCC Over Sand 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 as shown on the plans and as required by the Contract Documents. BID ITEM NO. 5 - River Rock GENERAL. The contractor shall construct River Rock surface treatment as shown on the plans and required by the specifications. This work shall include removals, preparation of subgrade, placing and compacting fill, placing PCC rock bed, placing, mortaring and cleaning exposed portions of stones 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 River Rock 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 Project Specifications - Page 18 Special Conditions Parts 2 & 3 - Construction Materials & Methods construction of the improvement as shown on the plans and as required by the Contract Documents. BID ITEM NO. 6 - 8" Thick Colored Stamped Concrete Pavement GENERAL. The contractor shall construct Colored Stamped Concrete Pavement as shown on the plans and required by the specifications. This work shall include saw cutting, excavation and removals, preparation of subgrade, forming, pouring and finishing colored PCC pavement, 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 Colored Stamped Concrete Pavement 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 as shown on the plans and as required by the Contract Documents. BID ITEM NO: 7 - Steel Plated Longitudinal Curb Drain GENERAL. The contractor shall construct Steel Plated Longitudinal Curb Drain as shown on the plans and required by the specifications. This work shall include saw cutting, excavation and removals, preparation of subgrade, placement of steel frame, forming, pouring and finishing PCC, attachment of steel cover 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 Steel Plated Longitudinal Curb 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 improvement as shown on the plans and as required by the Contract Documents. BID ITEM NO. 8 - Signing, Striping and Pavement Markings GENERAL. The contractor shall install Signing, Striping and Pavement Markings as shown on the plans and required by the specifications. This work shall include removal of existing striping and pavement markings which do not conform to the plans, preparation and painting of striping and pavement markings, installation of post assembly and attachment of signs and all other appurtenant work necessary in conforming to the plans, the applicable provisions of the Standard Specifications and these Special Conditions. Project Specifications - Page 19 Special Conditions Parts 2 & 3 - Construction Materials & Methods PAYMENT. Payment for Signing, Striping and Pavement Markings 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 construction of the improvement as shown on the plans and as required by the Contract Documents. BID ITEM NO. 9 - Recycled Plastic Wheel Stops GENERAL. The contractor shall install Recycled Plastic Wheel Stops as shown on the plans and required by the specifications. This work shall include installation of the wheel stops 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 Recycled Plastic Wheel Stops 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 as shown on the plans and as required by the Contract Documents. BID ITEM NO. 10 - 2" AC over Compacted Fill (Basic Bid Item Only) GENERAL. The contractor shall construct 2" AC over Compacted Fill as shown on the plans and required by the specifications. This work shall include saw cutting, excavation and removals, placement of fill, preparation of subgrade, placement of AC pavement, 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 2" AC over Compacted Fill 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 as shown on the plans and as required by the Contract Documents. Project Specifications - Page 20 Special Conditions Parts 2 & 3 - Construction Materials & Methods APPENDIX A STANDARD DRAWINGS �r•— Al -6 AND Al -8 Zz WI ml 6" I w o - I � e Vl i p BATTER 3 12 a LEVEL c 1 1O I i0 A3-6 AND A3-8 Nms: I. ALL DIMENSIONS ARE MEASURED IN INCHES. 2. 'Cf' IS THE LAST NUMBER IN THE DESIGNATION. l 'W' IS 24' UNLESS OTHERWISE SPECIFIED. 4. TYPES Al. A2, A3 AND Cl ARE CONSTRUCTED Of PORTLANC CEMENT CONCRETE. S. TYPE 01 IS CONSTRUCTED Of ASPHALT CONCRETE. 6. TYPE Cl CURB SHALL BE ANCHORED WITH DOWELS AS SHOWN OR WITH AN EPDXY APPROVED BY THE ENGINEER. 7. GRADE SHALL BE MEASURED AT CURB LINE AT TOP OF CURB. S. ALL EXPOSED CORNERS ON PCC CURBS AND GUTTERS TO BE ROUNDED WITH A 1/2' RADIUS. w 3 0 fTER 3 12 s f o � O LEVEL °oo A2-6 AND A2-8 D1-6 AND D1-8 3 12 C1-6 AND C1-8 MENT OWEL AT 4! OC 10" MIN. LENGTH. GROUTED IN PLACE AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN JM ` 8TMCOMMrffM CURB AND GUTTER -BARRIER 120-0 1964 SHEET 1 OP 1 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION c GUTTER TRANSITION r � t a Nr w STR GR FLOW PROPERTY LINE CURB NORMAL CF MINUS 2"- m L SUTTER SECTION A -A 3' 3' I AI I LEVEL SECTION B - B CURB �� NUTTER TRANSITION FLOW LINE 'a ST GR Ix F=C A p TYP. p 2 a a �I3 a r-- ? ¢ 2 GUTTERLa 2 .3t EXP. JT. _.. _ _. w EXP. JT. _ L TYPICAL CROSS GUTTER PLAN MANUS 2 GF WEAKENED PLANE . WEAKENED PLANE JOINT OR OPTIONAL CONTACT JOINT JOINTS PER NOTES 0 PER NOTES 1. 2 AND 3 I AND 2 CL w .—JOINT NEEDED WHEN -- ti W- 4W OR MORE 13' __J �. 0 y CROSS GUTTER L ECR— / TYP WEAKENED PLANE 7% JOINTS PER PLANE `'GUTTER AND 2 �.— TYPICAL JOINT PLAN 6. 4 CURB I` 1" 2' Z I" 2' NI N Ij` : ' a SECTION C -C' +4 SIX EQUALLY SPACED ' 14 ;4" FOUR EOUAILY DOWELS FOR CONTACT FOR CONT T JOINTS JOINTS-SEENOTE 4 SECTION D -D . LONGITUDINAL GUTTER NOTES: I. PANE CONTACT JOINTS SHALL 13E PLACED IN CURB ANO �N�p pAL LDCJrTIONS SHOW ONTHE TYPICAL JOINT PLAN HEREON. 2.0 R S/IN WTSCONCRE�SN�MING 3HALLnTAKE PLACE WITHIN 24 HOURS 3. DOREL3 FOR CONTACT JOINTS SMALL BE N0.4 BARS IB INCHES LANG. 4. PLACE A WEAKENED -PLANE OR CONTACT JOINT WHERE LONGITUDINAL ALLEY GUTTER JOIN$ CONCRETE ALLEY INTERSECTION. S. ALL EXPOSED CORNERS ON PCC GUTTERS TO BE ROUNDED WITH 1/2" RADIUS. 6 CONCRETE SMALL BE INTEGRAL WITH CURB UNLESS OTHERWISE SPECIFIED. AMERICAN PUBLIC WORKS ASSOCIATION — SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN PROMJOINT cWTEDsrm cowAAKX EE CROSS AND LONGITUDINAL GUTTERS 122-0 JOINT COOPERATIVE COMYTITEE 19114 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SHEET 1 OF 1 r C m i1 0 T D i / — T STR w -.X AorB—� TYPE A A Ar R --- III) <9 e O� O m. mi TYPE B Aor B --I ,-R_ Y 4' " FT I"LIP SECTION A -A L Y 3 1/2"/fT IN W I"LIP `►L=Si�- AREA ONLY ham• *SECTION B -B it SECTION B -B SMALL BE USED ONLY WHEN IT IS NOT POSSIBLE TO USE SECTION A -A. 0 S " TYPE C TARLF OF X a Y DIMENSIONS NOTES: L RESIDENTIAL DRIVEWAYS SMALL BE 4" THICK PORTLAND CEMENT CONCRETE. 2. COMMERCIAL DRIVEWAYS SMALL BE 6" THICK PORTLAND CEMENT CONCRETE. 3 WEAKENED -PLANE JOINTS SMALL BE INSTALLED AT BOTH SIDES Of A DRIVEWAY AND AT APPROXIMATELY 10' INTERVALS. CURB FACE 6"OR LESS 7" 6" !r I 10" 11" 12"OR MORE X 3'-0" 3'-6" 4'-O" 4-6" 5'-0" 3-6" 6'-0" Y MIN (A- A) 4•_0" 4'-S" S'- 6" 6'- 7'- Ir B'- 6' - V Y MIN(B-BI 3'-0" 4-I" S' -O" 3-10 -Gr- S" 7-2" 6'-1 4 CURB FOR TYPE C DRIVEWAY TO MATCH TYPE OF ADJACENT CONSTRUCTION AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN JOINT C`"TED PERATP AAP("A-A" JOINT COOPERATIVE COMMflTEE DRIVEWAY APPROCAHES 110-0 1964 USE VM STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SHEET 1 OF 1 APPENDIX 8 CONSTRUCTION DRAWINGS GITT OF UTAMUNU BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: December 19, 1995 REPORT DATE: December 15,1995 FROM: Lynda Burgess, City Clerk TITLE: ADOPTION OF RESOLUTIONS CALLING A SPECIAL RUNOFF ELECTION TO BE HELD MARCH 26, 1996. SUMMARY: Pursuant to the California Elections Code, the City Council must adopt resolutions calling and giving notice of the holding of an election and requesting the Board of Supervisors to consolidate the City's election with others being held on March 26, 1996. In addition, the City Council must adopt a resolution pertaining to candidates statements. RECOMMENDATION: It is recommended that the City Council adopt the following: a) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL RUNOFF ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF LAW; b) RESOLUTION NO. 95 - XX ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; c) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON .TUESDAY, MARCH 26, 1996. SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: r Terr nce L. Belang r Frank M. ser Ly da Burgess City Manager Assistant City Manager City Clerk RESOLUTION NO. 95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL RUNOFF ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF LAW WHEREAS, an election was held on November 7, 1995, for the purpose of electing Members of the City Council for the full term of four years; and . WHEREAS, a tie vote occurred between candidates Carol Herrera and Don Schad; and WHEREAS, the City Council, by Resolution No. 95- adopted on December 19, 1995, directed that the votes be resolved at a special runoff election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the provisions of § 15651b of the Elections Code of the State of California and pursuant to Resolution No. , adopted on December 19, 1995, there is called and ordered to be held in the City on Tuesday, March 26, 1996, a Special Runoff Election for the purpose of electing One Member of the City Council for the full term of four years. SECTION 2. That the ballots to be used at the election shall be, in form and content, as required by law to be used in the election. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the same day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in § 14491 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 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 this 19th day of December. 1995. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the JM day of December. 1995 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar a MP60%electionlca llru n. res RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Diamond Bar called a Special Municipal Election to be held on March 26, 1996, for the purpose of the election of one Member of the City Council; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary election on Tuesday, March 26, 1996, for the purpose of the election of one Member of the City Council. SECTION 2. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of Diamond Bar recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Los Angeles. SECTION S. 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 19. 1995. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of December. 1995. by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar 114*6I1LI UC•1:1 k 16XX A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAININGTO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1995 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Diamond Bar on March 26, 1996 may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed until 5:00 p.m. on January 2, 1996. SECTION 2. FOREIGN LANGUAGE POLICY. a. Pursuant to state law, the candidates statement must be translated and printed in Spanish at the candidates request. b. Pursuant to the Voting Rights Act, the city is required to translate candidates statements into the following languages in addition to English: Spanish, Vietnamese, Chinese, Japanese, Tagalog. C. The City Clerk shall print any foreign language translations of candidates who request printing in the voters pamphlet. SECTION 3. PAYMENT 1. The candidate shall be required to pay for the cost of printing the candidates statement in English. 2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language as specified in (a) and/or (b) above pursuant to State and/or Federal law. 3. The Candidate shall be required to pay for the cost of printing the candidates statement in a foreign language. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having he or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution. SECTION 6. That all previous resolutions establishing council policy on payment for candidates statements are repealed. SECTION 7. That this resolution shall apply only to the election to be held on March 26, 1996 and shall then be repealed. SECTION 8. 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 19. 1996. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 1.= day of December. 1996. by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar GITT or UIp►mvr U M^M AGENDA REPORT AGENDA NO. =�- TO: Terrence L. Belanger, City Manager MEETING DATE: December 19, 1995 REPORT DATE: December 15,1995 FROM: Lynda Burgess, City Clerk TITLE: ADOPTION OF RESOLUTIONS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD MARCH 26, 1996 FOR THE SUBMISSION OF AN INITIATIVE MEASURE PROPOSED TO ADOPT A GENERAL PLAN DOCUMENT SUMMARY: Pursuant to the California Elections Code, the City Council must adopt resolutions calling and giving notice of the holding of an election and requesting the Board of Supervisors to consolidate the City's election with others being held on March 27, 1996. In addition, the City Council must adopt resolutions directing the City Attorney to prepare an Impartial Analysis and providing for the filing of written arguments and rebuttals relating to the proposed measure. RECOMMENDATION: It is recommended that the City Council adopt the following: a) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION OF A PROPOSED INITIATIVE MEASURE; b) RESOLUTION NO. 95 - XX ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; c) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND d) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. 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 No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: T—err6nce L. Belau rank M. LAKY'.," Lynda Burgess City Manager Assistant City Manager City Clerk CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 19, 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. On December 5, 1995, the City Council considered 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 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, incorporating a fiscal impact and planning analysis of the initiative, to be presented at the regular City Council meeting of December 19, 1995. After considering the above, the City Council, on December 5, 1995 directed staff to prepare a report pursuant to the Elections Code. RECOMMENDATION: It is recommended that the City Council receive and file the report and adopt the following Resolutions: a) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION OF A PROPOSED INITIATIVE MEASURE. b) RESOLUTION NO. 95 - XX ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. c) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. d) RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, GALIFORNIA, PRovmmo FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. FINANCIAL SUMMARY: Staff has received an estimate from Martin & Chapman Co., the City's elections consultant, for production of a voters pamphlet containing the full text of the Initiative General Plan, the City Attorney's Impartial Analysis, two arguments (for and against) and two rebuttals (for and against) and front and back covers. Because of its size (approximately 130 pages), the County Registrar-Recorder/County Clerk has indicated that the pamphlet must be produced and mailed by the City independently of ballot pamphlets to be issued by them. To ensure conformity with State election laws, the City's pamphlet needs to be printed by a vendor experienced with elections and knowledgeable in how to properly utilize County magnetic computer tapes for extraction of only Diamond Bar voters from all other voters within Los Angeles County. Further, Election Code Section 13001 exempts elections officials from normal purchasing provisions when procuring the materials required for elections. These costs are: Ballot pamphlet printed on newsprint paper Ballot pamphlet printed on white book stock Address labels to all registered voters Affixing labels to pamphlets Delivering pamphlets to post office Subtotal - Newsprint Subtotal - White Book Stock $25,450 or $45,500 $ 1,450 900 200 $28,000 or 48,050 The City's estimate for conduct of the November 7, 1995 General Municipal Election consolidated with the school district, the City of Walnut and Mt. Sac, was approximately $45,000 ( actual invoices are not anticipated to be received from the County until mid-1996). Based on the estimate for the November election, it is expected that the County's charges for a Special Election conducted in March 1996 to be approximately the same. Estimated charges by County $45,000 Estimated minimum production of ballot pamphlet $28.000 Total minimum cost $73,000 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 RESOLUTION NO. 95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION OF A PROPOSED INITIATIVE MEASURE WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Diamond Bar, California, signed by more than 15 per center of the number of registered voters of the city to submit a proposed initiative mesure relating to adoption of the General Plan; and WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the initiative measure; and WHEREAS, the City Council is authorized and directed, by statute to submit the proposed ordinance to the voters; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Diamond Bar, California, on Tuesday, March 26, 1996, a Special Municipal Election for the purpose of submitting the following proposed initiative measure: SHALL THE INITIATIVE PROPOSING THE ADOPTION OF THE GENERAL PLAN DOCUMENT PREPARED BY THE GENERAL YES PLAN ADVISORY COMMITTEE, ALONG WITH CERTAIN SPECIFIED CHANGES, AND WHICH WOULD REPLACE THE CITY'S CURRENT GENERAL PLAN, BE ADOPTED? NO SECTION 2. That the text of the proposed initiative measure submitted to the voters is attached as Exhibit A. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. 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 this 1.$#h day of December. 1995. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the IM day of December. 1995 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar c: lwpWresolutlUnarMres. RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Diamond Bar called a Special Municipal Election to be held on March 26, 1996, for the purpose of submitting to the voters the question relating to adopting the General Plan document prepared by the General Plan Advisory Committee, along with specified changes; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary election on Tuesday, March 26, 1996. SECTION 2. That a measure is to appear on the ballot as follows: SHALL THE INITIATIVE PROPOSING THE ADOPTION OF THE GENERAL PLAN DOCUMENT PREPARED BY THE GENERAL YES PLAN ADVISORY COMMITTEE, ALONG WITH CERTAIN SPECIFIED CHANGES, AND WHICH WOULD REPLACE THE CITY'S CURRENT GENERAL PLAN, BE ADOPTED? NO SECTION 3. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of Diamond Bar recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Los Angeles. SECTION 6. 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 19. 1995, MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 1 9th day of December. 1995, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: • ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Diamond Bar, California, on March 26, 1996, at which there will be submitted to the voters the following measures: SHALL THE INITIATIVE PROPOSING THE ADOPTION OF THE GENERAL PLAN DOCUMENT PREPARED BY THE GENERAL PLAN ADVISORY COMMITTEE, ALONG WITH CERTAIN SPECIFIED CHANGES, AND WHICH WOULD REPLACE THE CITY'S CURRENT GENERAL PLAN, BE ADOPTED? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes in Favor/Against in Favor/Against in Favor/Against in Favor/Against in Favor/Against members of that body, to file a written argument regarding the City measure as specified above in accordance with Article 4, Chapter 3, Division 5 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. 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 19, 1995. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of December, 1995, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, § 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election after that time. SECTION 4. 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 19. 1995. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the J,%h, day of December. 1995, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar RESOLUTION NO. 95 -72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION OF A PROPOSED INITIATIVE MEASURE WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Diamond Bar, California, signed by more than 15 per cent of the number of registered voters of the city to submit a proposed initiative mesure relating to adoption of the General Plan; and WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the initiative measure; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Diamond Bar, California, on Tuesday, March 26, 1996, a Special Municipal Election for the purpose of submitting the following proposed initiative measure: SHALL THE INITIATIVE PROPOSING THE ADOPTION OF THE GENERAL PLAN DOCUMENT PREPARED BY THE GENERAL YES PLAN ADVISORY COMMITTEE, ALONG WITH CERTAIN SPECIFIED CHANGES, REPEALING AND REPLACING THE CITY'S CURRENT GENERAL PLAN, BE ADOPTED? NO SECTION 2. That the text of the proposed initiative measure submitted to the voters is attached as Exhibit A. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. 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 this 19th day of December. 1995, Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the JM day of December. 1995 by the following vote: AYES: COUNCIL MEMBERS: Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None City Clerk of the City of Diamond Bar cAwp601reso1ut1\mar26. nes. RESOLUTION NO. 95-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26,1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Diamond Bar called a Special Municipal Election to be held on March 26, 1996, for the purpose of submitting to the voters the question relating to adopting the General Plan document prepared by the General Plan Advisory Committee, along with specified changes; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary election on Tuesday, March 26, 1996. SECTION 2. That a measure is to appear on the ballot as follows: SHALL THE INITIATIVE PROPOSING THE ADOPTION OF THE GENERAL PLAN DOCUMENT PREPARED BY THE GENERAL YES PLAN ADVISORY COMMITTEE, ALONG WITH CERTAIN SPECIFIED CHANGES, REPEALING AND REPLACING THE CITY'S CURRENT GENERAL PLAN, BE ADOPTED? NO SECTION 3. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That the City of Diamond Bar recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. RESOLUTION NO. 95-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Diamond Bar, California, on March 26, 1996, at which there will be submitted to the voters the following measures: SHALL THE INITIATIVE PROPOSING THE ADOPTION OF THE GENERAL PLAN DOCUMENT PREPARED BY THE GENERAL PLAN ADVISORY COMMITTEE, ALONG WITH CERTAIN SPECIFIED CHANGES, AND WHICH WOULD REPLACE THE CITY'S CURRENT GENERAL PLAN, BE ADOPTED? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes Clair Harmony, Council Member in Favor Gary Werner, Council Member Against Bob Huff, Council Member Against Carol Herrera, Council Member Against members of that body, to file a written argument regarding the City measure as specified above in accordance with Article 4, Chapter 3, Division 5 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. 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 19, 1995. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of December, 1995, by the following vote: AYES: COUNCIL MEMBERS: Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: c:Wftesolutharguments. res City Clerk of the City of Diamond Bar RESOLUTION NO. 95-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, § 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election after that time. SECTION 4. 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 19. 1995. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the JM day of December. 1995, by the following vote: AYES: COUNCIL MEMBERS: Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: cAwpWresoluftebuttal. res City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR Report on the Planning Impacts of General Plan initiative December 1995 CITY OF DIAMOND BAR Report on the Planning Impacts of General Plan Initiative s��wwaic/�aeaf�ae, December 1995 Planning Impacts of General Plan Initiative TABLE OF CONTENTS INTRODUCTION ...................................... 2 SUMMARY OF FINDINGS .............................. 4 PROPOSED INITIATIVE ...........................:... 6 CONSISTENCY ...................................... 18 GENERAL IMPACTS ................................. 21 IMPACTS ON DISCRIMINATION AND HOUSING .......... 24 APPENDICES ...................................... 29 Planning Impacts of General Plan Initiative 2 INTRODUCTION Scope of Work An initiative measure which proposes adoption of a new general plan (hereafter called the "Initiative Plan") for the City of Diamond Bar has qualified for the ballot. The City has requested a report on the potential impacts of the Initiative Plan on land use and planning. Specifically the report will include the following items: 1. Internal consistency of the proposed general plan, including the housing element 2. The more general impacts of the Initiative Plan on the planning process in the City 3. Limitations on city actions under Section 65008 of the Government Code -- discrimination provisions 4. The requirements of Chapters 4.2 (beginning with Section 65913) and 4.3 (beginning with Section 65915) of Division 1 of Title 7 of the Government Code --housing development approvals and density bonuses and other affordable housing incentives The City has employed another consultant to report on the fiscal impacts of the Initiative Plan. In order to analyze the impacts (and provide some data to the fiscal impact consultant) it was necessary to include the following steps: 1. Review the adopted General Plan and the Initiative Plan. 2. Prepare comparisons of land use, growth, and constraints of the adopted General Plan and the Initiative Plan. 3. Discuss the impacts on planning and the City's planning process. Information Sources The following sources of information have been used to prepare this report: City of Diamond Bar Initiative Measure Diamond Bar General Plan, as adopted July 25,1995 State of California Government Code Planning Impacts of General Plan Initiative 3 General Plan Guidelines Supreme Court decisions on initiatives Planning Impacts of General Plan Initiative 4 SUMMARY OF FINDINGS The Initiative Measure --Citizen's GPAC Version of the General Plan Initiative --will have the following primary land use regulation and plan consistency impacts: Only the voters could amend the Initiative Plan in the future. 2. Only the voters could change certain large -parcel land use designations. 3. The differences between the Initiative Plan and the adopted General Plan are minor; the major difference is the conditions attached to the Initiative Plan requiring votes of the people. 4. The City would be required to complete revisions to its ordinances and resolutions which might be inconsistent with the Initiative Plan within 180 days of the adoption of the Initiative. It is practically impossible to do this and meet procedural, including environmental documentation, requirements. On the other hand, there .are no stated penalties. 5. Planned Development (PD), allowing a mix of uses, is the designation on two large parcels (near Pantera Park and comer of Grand and Golden Springs). The current PD process requires a conditional use permit and would not require a vote of the people. 6. Open Space (OS), allowing preservation of resources, recreation, etc. uses, is the designation on the large parcels near Diamond Bar and Grand and near Brea Canyon and Peaceful Hills. 7. Maximum residential density is 16 dwelling units per acre but density bonuses would be allowed for affordable housing pursuant to State law. 8. Speck sites needed for State mandated housing requirements must be included in the Specific Plan design for the Tres Hermanos property. 9. A Slope Classification system reducing density according to steepness of slopes in the Rural Residential district, would allow a maximum of 1 dwelling unit per 2.75 acres on slopes exceeding 30%. 10. Allows new development on slopes exceeding 20% to conform to L.A. County s�iriwrrot,/�ttu Planning Impacts of General Plan Initiative 5 standards. 11. Sets Housing Standards for minimum unit sizes which are quite large and inconsistent with providing affordable housing. 12. Allows a total of 1.3 million square feet of commercial/industrial use; 250,000 sq -ft. less that adopted General Plan. 13. There are some inconsistencies identified in the Initiative Plan and, while they are not major, they could not be easily fixed because a vote of the people would be required for any amendment to the Plan. 14. Required votes of the people could cost between $57,000 and $75,000 for each election not including campaign costs. 15. There could be delays of many months between City Council approval of an action and holding a vote of the people. 16. The requirement for votes of the people would cause delay, cost, and uncertainty to developers and land owners. 17. Application to develop the large vacant parcels would likely not be made or might be postponed for years. 18. There probably would be legal challenges to the Initiative and subsequent actions. 19. There is no finding of the Initiative causing discrimination in land use and housing. 20. The Initiative Plan would create impacts on housing, especially affordable housing, due to increasing costs to meet the requirements of the Plan and the potential of no voter approvals of plans. 21. The Initiative Plan does not directly impact the State density bonus provisions. Planning Impacts of General Plan Initiative 6 PROPOSED INITIATIVE --The Citizen's GPAC Version of the General Plan (Initiative Plan) Major Features The two cover pages of the Initiative are included in the Appendices. The Initiative Plan would provide a different general plan than the City adopted July 25, 1995--a substitute plan with additional voting conditions. The Initiative Plan is the version of the General Plan recommended to the - Planning Commission and City Council on June 30, 1994 (with certain errata pages dated July 13, 1994) by the 1994 General Plan Advisory Committee. (GPAC). It had been prepared by consultants and City staff and reviewed and refined by the GPAC. The Planning Commission and City Council held public hearings and made various changes to the Plan and Council adopted the final General Plan on July 25, 1995. 2. Upon adoption of the Initiative, the adopted General Plan would be null and void. 2. The differences between the body of the Initiative Plan and the adopted General Plan are not major. Those considered of any significance are described in Table 1. All other differences are minor language ones. 3. The major features of the Initiative are the conditions attached in the two cover pages requiring votes of the people. Votes are required for: a. Any change to the Agriculture (AG) designation in the Sphere of Influence; b. Any change to land designated as Open Space (OS); C. All map approvals in areas designated as Planned Development (PD) or Specific Plan (SP); d. Lifting any existing or future map or deed restrictions from land; e. Transferring existing or future land entitlement, density, or development rights; and Planning Impacts of General Plan Initiative 7 Any amendment or repeal of the Initiative and any amendment to the Initiative Plan. 4. The Initiative also requires that specific sites needed for State mandated housing requirements shall be included in the Specific Plan design for the Tres Hermanos property. 5. The City is required to complete revisions to its ordinances and resolutions which may be inconsistent with the Initiative Plan within 180 days of the adoption of the Initiative. Planning Impacts of General Plan Initiative 8 Table 1. COMPARISON OF MAJOR FEATURES OF INITIATIVE PLAN WITH ADOPTED GENERAL PLAN Adopted Initiative Subject General Plan Plan Land Use Element Agriculture (AG) Agriculture/Specific Plan (AG/SP) or Specific Plan overlay (/SP) Open Space (OS) Planned Development (PD)/Planning Areas (PA) Uses = agriculture, open space, public facilities, recreation 1 dwelling unit per 5 acres (du/ac) Large scale develop- ment areas: residential, commercial, public facilities and other Greater than (>) 10 ac. annexed areas Recreation, preserve scenic, environ., public safety, resources, animal life Max. 1 du/existing parcel, if not restricted 4 Planning Areas Specific Plans required with land uses deter- mined in review process (same) (not included) (same) (not included) (same) (not included) Planned Development allows residential, open space, recreation, com- mercial, public facilities, and other, determined in review process Current PD process = conditional use permit Significant Ecological Not defined--L.A. (same) Area (SEA) County designation Planning Impacts of General Plan Initiative 9 Residential Density Added RMH Medium High Residential (up to 16 du/ac) and increased RH High Density Residential to up to 20 du/ac Slope density Calls for development of a slope density ordi- nance to apply to all dis- tricts on slope of >25% Second Units Calls for development of an ordinance Consolidation of Encourages consolida- commercial lots tion Commercial land use descriptions Open space deed and Establishes review. pro - map restrictions cedures prior to lifting restrictions Transfer of develop- Allows transfer to pre- ment rights serve significant envi- ronmental resources as open space; requires dedication to City of a conservancy Max. density is RH at up to 16 dulac Rural Residential only Slope class. Ac/du 0-10%, 1 10-20% 1.25-1.75 20-30% 1.75-2.25 >30% 2.25-2.75 Not mentioned Allows commercial to exceed max. floor area ratio (FAR) of 0.25 in exchange for consolidation Includes description of Professional Office and Light Industrial Change of restrictions requires public hearing Lifting of restrictions requires vote of people in general or special election Requires vote of people in a general election Planning Impacts of General Plan Initiative 10 Aesthetics New development must comply with City's Hill- side Management Ord. Housing standards Potential growth Specific vacant sites: Sphere (Firestone) 3590 ac. Tres Hermanos 720 ac. NE corner Diamond Bar Blvd. & Grand Ave. A = 325 ac. B = 75 ac. Minimize right-of-way width in Rural Residen- tial (not specified) Residential 1115 du" Sphere 718 du Comm/Indus 1,550,000 sq.ft. *Assume all @ 100% max. permitted density AG/SP (SEA) PA-1/SP PA-2/SP 75% open space A = max. 130 du, 2 ac. public or commercial New development on slopes >20% must con- form to L.A. County standards In new development encourage narrower pavement and wider parkways Min. rental/ condo 1 bdrm. 1000sq.ft. 2 bdrm. 1300sq.ft. Min. s -f 2100sq.ft. Min. s -f lot 8000sq.ft. Side setback 1Oft. Sidewalk set. 25ft. All new lots on sewer Underground utilities Residential 676 du* (not included) Comm/Indus 1,300,000 sq.ft. *Assume RR @ 2.75 ac/du not max. 1 ac/du AG (SEA) (SP encouraged) AG/SP OS .s Planning Impacts of General Plan Initiative 11 SW corner Grand Ave. & Golden Springs 55 ac. NW corner Brea Canyon Rd. & Peace- ful Hills Rd. 82 ac. Housing Element Potential Residential Development Table Preserve existing stock Resource Mge. Element Tree ordinances PA 3/SP PA-4/SP (park, public facilities, and open space) Total 1115 du (sphere not included) Enact Development Code for second units Enforce City's Property Maintenance Ord. Prepare tree preserva- tion ordinance New development should include preser- vation of trees 9 OS Total 1220 du (sphere not included) Also no du on Tres Her- manos site Assumed RR @ 2ac/du (not included) (not included) Develop indigenous tree and natural vegetation preservation ordinance within 6 months Approve no develop- ment until ordinances in place Water Encourage use of re- Develop a plan to use claimed water reclaimed water Consider construction of dual water systems, where feasible, for Require new develop- ment and intensification of existing development Planning Impacts of General Plan Initiative 12 Energy Public Health & Safety Element Noise development Prepare ordinances that allow for feasible water conservation in new developments Encourage, through financial incentives, solar energy systems for heating swimming pools New construction, inclu- ding additions and re- models >25% of original floor area, may not cause exterior noise levels to exceed limits Natural noise barriers, such as hillsides, shall not be modified or re- moved without evalua- to include dual water systems in appropriate locations Work with owner to plan and locate reclaimed water facilities in Tres Hermanos Encourage the installa- tion of feasible water conservation in new development Prepare Water Manage- ment Regulations should water supplie be severely limited Construct internal road- ways of minimum width Require solar for heating swimming pools in all new multiple -family development New construction, exclu- ding addition and remodels,.... Within 65 dB CNEL con- tours, natural noise bar- riers shall be protected Planning Impacts of General Plan Initiative 13 Circulation Element Network ting noise impacts to surrounding residential neighborhoods The City shall demand that the State install noise attenuation facili- ties in all noise sensitive areas impacted by County, State or Federal highways As part of future Gene- ral Plan review, or every 5 years, the noise con- tour map shall be up- dated Establishes CNEULdn standards If new construction ex- ceeds standards a de- tailed analysis and noise insulation must be included Standards are higher (i.e. lower dB level) for school playgrounds and recreation areas Work with neighboring communities on: com- pletion of SR30, up- grade SR71 to freeway standards, additional lanes on SR60, and in- crease roadway capa- (not included) ...every 5 years, and at each 2 1/2 year interval between, the noise.... Establishes noise stan- dards based on Energy Equivalent Noise Level Such standards shall be equivalent or higher (lower dB level) then adopted CNEL stan- dards of Table IV -1 Standards lower for these two activities p. V-2 missing (not included) Planning Impacts of General Plan Initiative 14 city of SR142 Pursue coordinated ef- (not included) fort with City of Industry and State to upgrade 1 mile stretch of SR57l60; upgrade interchanges of Brea Canyon and SR60, Grand and SR57160, and Diamond Bar at SR57; and widening of Golden Springs Implement strong mea- (not included) sures to maintain inte- grity of Sunset Crossing and other residential areas at western City limits Balanced system Maintain, expand, and (same) upgrade the system of bicycle routes.... The City shall develop a (not included) Master Plan of Bikeways Explore the feasibility of (not included) interconnected public hiking trails Work with Pomona (not included) Schools to provide secondary access to the future Diamond Bar H.S. Public Services & Facilities Element Infrastructure Support development of Oppose applications for appropriately sited, en- proposed waste facilities vironmentally sensitive, within Diamond Bar and of General Plan Initiative Access to educational facilities solid waste treatment fa- cilities which do not im- pact residents' quality of life Encourage joint deve- lopment of recreational facilities with the local school districts Enable, through appro- priate zoning and deve- lopment regulations or by conditional use permit, the construction and operation of private school facilities Interaction [New objective] Stimulate opportunities for a population which is diverse in terms of age, occupation, income, race, interests, and reli- gion to interact, ex- change ideas, and es- tablish and realize com- mon goals [3 new strategies] Community social gathering places Public info. program Neighborhood orgs. Fiscal Promote intensification of sales tax generating potential of existing and future commercial areas within the City surrounding communi- ties (not included) (not included) (not included) (not included) 15 Planning Impacts of General Plan Initiative 16 Analysis The primary items in the Initiative which would impact land use differently than the adopted General Plan are the following: Votes of the People Votes of people required for amendments to the Initiative Plan and various land use changes. These are discussed in the General Impacts section. Land Use Element The major land use restrictions and planning parameters are included in discussions of open space, specific plans and planned development and would be virtually the same in application as the adopted General Plan. There is one 325 acre vacant site designated for Open Space while the adopted General Plan calls for a Specific Plan for a maximum of 130 single family detached units, 2 acres of commercial or public uses, and open space. The Multiple Family Residential density maximum is 16 dwelling units per acre. It may be difficult to provide affordable housing, even for senior citizens, unless development is done at the full density bonus allowed. The slope classification system included in the Initiative Plan applies only to Rural Residential and, while simple to apply, does allow development on slopes in excess of 30% and is not sophisticated enough to be useful in cluster development situations. The Plan allows for new development on slopes exceeding 20% to conform to L.A. County standards which are not considered by most planners to be adequate for protecting hillside environments. The Initiative Plan does not include discussion of second units which must be allowed under State planning law. The housing standards for minimum unit size contained in the Plan are very restrictive and are inconsistent with providing affordable housing. The Plan may restrict the amount of commercial and industrial growth allowed as evidenced by the lower amount of potential square footage projected. Housing Element It is difficult to compare the projected numbers of residential dwelling units between the Planning Impacts of General Plan Initiative 17 Initiative Plan and the adopted General Plan because they vary in different locations. Table II -4 indicates 1220 potential new units, not including the units which would be on the Tres Hermanos property which are discussed in several places, including under the subject of providing low and moderate income units. This compares to 1115, units projected in the adopted General Plan, which includes units on the Tres Hermanos property. Public Health and Safety Element There are no geologic hazards nor flood hazards maps included as required by State law and all required subjects are not presented in appropriate depth. The Initiative Plan will not impact the construction of additions and remodels relative to creating noise because it excludes them. Noise standards created are lower (i.e. higher dB level allowed) for school playgrounds and recreation areas but they are comparable for all other activities, including residential. Planning Impacts of General Plan Initiative 18 CONSISTENCY State Requirements State Planning Law in the Government Code requires that the general plan and its elements be an integrated, internally consistent and compatible statement of policies for a local jurisdiction. Policies in one part of the plan should not conflict with policies in another part. Court decisions on initiative general plan amendments have held that these requirements also apply to initiatives. Also, a jurisdiction's zoning ordinance and map must implement and be consistent with the general plan. If the general plan is amended so as to make the zoning become inconsistent, the zoning must be amended within a reasonable time so that it is again consistent. In this case, a new zoning ordinance and zoning map will be developed subsequently. The State has also prepared General Plan Guidelines which are used by planners, attorneys, and others as a checklist when preparing and reviewing general plans for content and consistency. Pages 10-13 of the Guidelines states that the internal consistency requirement has five dimensions of importance: Equal status among elements Each element has equal legal status and the potential conflicts from element to element must be resolved by clear language and policy consistency. One cannot use "precedence clauses", e.g. cannot use statements such as "if in any instance there is a conflict between the land use element and the open space element, the land use element controls." (Sierra Club v. Bd. of Supervisors of Kern Co. (1981) 126Cal.App.3d698) 2. Consistency among the elements (inter -element) All elements, mandatory or optional, must be consistent with each other. All must be correlated and resolve conflicts. Assumptions, projections, and standards should be uniform and consistent. A jurisdiction should update the whole plan when a portion is amended, or at least very soon thereafter, in order to resolve inconsistencies. Planning Impacts of General Plan Initiative 19 3. Consistency within an element (intra -element) Data, analyses, goals, policies, and implementation programs must be consistent with and complement one another. Policies must forma logical basis for a general plan's implementation programs. 4. Area Plan consistency All principles, goals, objectives, policies, and plan proposals in area or community plans must be consistent with the overall general plan. This is not applicable in this case. In the future, any new such plans must be consistent. 5. Text and diagram/map consistency Both text and diagrams or maps (e.g. the land use map) are integral parts of the plan and must be consistent with each other. Three statutes specifically require some form of consistency and correlation between the land use element and other elements: 65302(b) Correlation with the circulation element 65302(f)(6) Noise element provisions must be used as a guide for establishing a pattern of land uses to minimize excessive noise exposure. 65583(c) Housing element programs must identify the means by which consistency will be achieved with other elements. Analysis The major sections of the Initiative have been analyzed for consistency using the five dimensions or criteria listed above. Equal status among elements There is no apparent inconsistency in terms of equal status among elements. Inter -element consistency The Housing Element and the Land Use Element are inconsistent regarding numbers of potential residential dwelling units --Table II -4 of the Housing Element Planning Impacts of General Plan Initiative 20 contains 1220 dwelling units and Table 1-5 of the Land Use Element contains 676 dwelling units The Housing Element and the Land Use Element are inconsistent where Housing Strategy 1.1.2 states "Do not create restrictions on the development of housing for the purpose of preventing development of low and moderate housing" and the housing standards of Land Use Strategy 3.2.12 which have minimum floor areas much larger than affordable units. There is additional discussion on housing in the next sections. Intra -element consistency The Housing Element states that"land within the current City limits that is available for general residential development could yield an additional 700 units." (page 11- 16) This is inconsistent with the 1220 potential residential units contained in Table II -4 on page 11-14. The difference is significant because, as also stated, the 700 unit number is less than the needed units. If the 700 unit number is somehow correct as a number used in a different context, then it is not adequately described and explained. Area plan consistency Not applicable. Text and map/diagram consistency There are no apparent text and map inconsistencies. There are some maps not included which should be, for example, the geologic and flood maps. It should be noted that while the inconsistencies identified are not major, they could not be easily fixed because a vote of the people would be required for any amendment to the Initiative Plan. Planning Impacts of General Plan Initiative 21 GENERAL IMPACTS The major impacts of the Initiative would be the requirements for votes of the people on various amendments and changes to land use. These requirements are among the conditions attached in the two cover pages of the Initiative. Votes are required for: Any change to the Agriculture (AG) designation in the Sphere of Influence 2. Any change to land designated as Open Space (OS) 3. All map approvals in areas designated as Planned Development (PD) or Specific Plan (SP) 4. Lifting any existing or future map or deed restrictions from land (also included in the Initiative Plan) 5. Transferring existing or future land entitlement, density, or development rights (also included in the Initiative Plan) 6. Any amendment or repeal of the Initiative and any amendment to the Initiative Plan. This would also include 1 and 2 above since they would be amendments to the Initiative Plan. The Initiative also defines what "approval by vote of the people" means procedurally. It states that the general plan amendment, map approval, lifting of deed restriction or transfer of development rights would be voted on after "the City Council adopts an amendment requiring approval by the vote if the people...." It is assumed that such applications would be submitted to staff, reviewed by City staff and other agencies, have full environmental review and required documentation (exemption, negative declaration, or environmental impact report), have public hearings (as required) at the Planning Commission and City Council, and have review and recommendation by the Planning Commission, and review and approval or denial by the City Council. After this whole process any approved such items would then be set for election, either general election or special election, and a vote of the people. Any such item receiving a majority affirmative vote would then be adopted, those not receiving a majority affirmative Planning Impacts of General Plan Initiative 22 vote would not be adopted. These elections would be essentially referendums on each such action by the City Council. The elections would presumably be proceeded by campaigning by proponents and opponents. It is estimated that a general or consolidated election would cost between $57,000-75,000 and a separate special election would cost more. These are costs just for the direct election not including any campaign costs. Campaigning would most likely be carried out by special interest groups, although the City and public monies could be involved also. It is also presumed that the City could shift the election costs to applicants; this may not be true. The Elections Code does not mention this. The time required to get from City Council approval to election could be between 88 days (minimum specified in Elections Code) and 103 days (maximum specified in Elections Code) or the time to the next general election (assuming the City Council has flexibility as to when it takes the election -setting action). A special election could also be set (88- 103 days) but is much more expensive. A further difficulty of having votes on general plan amendments and other planning applications would be the potential complexity of issues involved and trying to make them simple enough to be understood by the average voter who does not spend time studying the issues. The voters would not be in the position to approve if certain conditions are attached, like the Council can under normal decision-making. The voters would only have a yes or no decision. There are many reasons for the representative government system and the difficulties inherent in this kind of voting is one. The General Plan and zoning of the City would be relatively meaningless relative to land use designations on the large parcels of land. The Tres Hermanos parcel, Diamond Bar and Grand parcels, and parcel at the comer of Grand and Golden Springs are designated for some kind of Specific Plan or Planned Development which would require a vote to ratify. The bottom line is that the impacts on the applicant would be delay or time, cost, and uncertainty. These are all powerful determinants of decision-making. Applicants would have to establish the time, cost, and likelihood of approval by the electorate in order to consider development. Given an equal or nearly equal opportunity to develop in another city, it is likely that developers would not attempt to get projects approved in the City. As a growth management/control approach, the Initiative Measure would likely slow or stop residential and commercial growth within the City and might force that growth into Planning Impacts of General Plan Initiative 23 surrounding areas while still providing the same traffic impacts, for example. "At best growth control maintains the status quo in certain communities while moving overall development patterns around; at worst, it encourages suburban sprawl." (William Fulton, Guide to California Planning, Solano Press Books: 1991.) It is anticipated that there would two alternative futures: There would be no or few development applications made on the large parcels in question as owners wait to gauge the mood of the community and buyers develop in adjacent communities where it is easier, or 2. If developers feel optimistic, there would be many applications and many costly elections. In any case, there might well be legal challenges to the Initiative process. This is the first adoption of a whole general plan by initiative and this has not been tested by the courts. In addition, there appear to some quasi-judicial matters included in the Initiative Measure while initiatives were created to apply to legislative matters. Development of the Sphere of Influence property might occur under L.A. County regulations rather than after annexation to the City. If this were the case, the City would have lost control of an important property. The requirement for a vote on "all map approvals within areas designated as Planned Development" is one which would probably be challengeable. Although a condition of the Initiative, it appears to provide for future votes on a "quasi-judicial" matter as opposed to a legislative one. The approval of subdivision maps is quasi-judicial as is the current conditional use permit procedure on planned developments. State law also imposes time limits on how long a local government can take to process and approve maps. It is unknown how this would impact the initiative process. The requirement for a vote on the lifting of any existing map or deed restrictions may also be a quasi-judicial procedure and is not defined well. The requirement stated within the Initiative Plan is a strategy under an objective on identifying and preserving open land. It is not tied to open space in the conditions. Theoretically there could be instances where a homeowners' association wants to delete certain restrictions, e.g. a requirement for an architectural committee or something else which affects only their association. These are private restrictions. Does this need to go to a vote of the people? Planning Impacts of General Plan Initiative 24 IMPACTS ON DISCRIMINATION AND HOUSING State Requirements Section 65008 of the Government Code The entire text of Section 65008 is included in the Appendices. The Section generally prohibits discrimination in land use and housing. Specifically: (a) A city cannot deny the enjoyment of a residence, ownership or tenancy, or other land use to anyone because of religious or ethnic reasons. (b) No city may have an ordinance which prohibits or discriminates against any residential development or emergency shelter because of how it is financed or because of the race, sex, color, religion, national origin, ancestry, occupation, or age of the owners or intended occupants. (c) No city may have ordinances which prohibit or discriminate against any residential development or emergency shelter because such is intended for the occupancy of people with low, moderate, or middle incomes. These incomes are defined as: "loud" means less than 80% of the County median income, "moderate" means 80 to 120% of the County median income, and "middle" means up to 150% of the County median income. The San Bernardino County median income for a family of four is $33,850 in 1995. (d) No city may impose higher/different requirements on a residential development or emergency shelter which is subsidized, financed, insured, or otherwise assisted by the federal or state government or a local public entity. (e) A city may give preferential treatment to residential developments or emergency shelters which are assisted by the federal or state governments or a local public entity such as fee waiver, changes in architectural requirements, or parking requirements. Chapters 4.2 and 4.3. Division 1 of Title 7 of the Government Code The entire text of Chapters 4.2 and 4.3 is also included in the Appendices. Chapter 4.2 is concerned with housing development approvals. The lead-in statement of Planning Impacts of General Plan Initiative 25 policy declares that because there is a severe shortage of affordable housing, changes in laws are necessary to: Expedite the local and state residential development process. Assure that local governments zone enough land at densities high enough for production of affordable housing. Assure that local governments reduce housing development costs through the administration of land use and development controls and by providing regulatory concessions and incentives. Chapter 4.2 requires a city to: Designate and zone enough vacant land for residential use with appropriate standards to meet housing needs as identified in the general plan. "Appropriate standards" mean densities, minimum floor area, setbacks, yards, parking, lot coverage, etc. 2. Refrain from imposing subdivision design and improvement requirements so as to make affordable housing infeasible or imposing standards and criteria for public improvements, such as streets, sewers, fire stations, or parks, which exceed the standards and criteria being applied at that time in similarly zoned districts in the city. 3. Have a 'one-stop" development processing entity, i.e. a person or division responsible for coordinating development application review and providing information on the status of applications and permits. 4. Require impact fees to fund public capital facility improvements only for a development, not maintenance or operation. Chapter 4.3 is concerned with density bonuses and other incentives. It provides generally that, if a developer proposes to construct and ensure continued affordability of housing for those with low incomes or senior citizens, the city must provide the development a density bonus and other incentives. Specifically: The affordability must include: 20% of the total units for low income or 10% of the total units for very low income (less than 50°x6 of the county median) or 50% of the total units for senior citizens. 2. "Density bonus" means a density increase of at least 25% over the maximum allowed by the land use element of the general plan and the zoning. Planning Impacts of General Plan Initiative 26 3. Additional incentive means: reduction in site development standards or zoning requirements or architectural design requirements; approval of mixed use zoning if commercial, office, industrial, or other land uses will reduce the cost of the dwelling units and if those uses are compatible with the project and the existing or planned development in the area; or other regulatory concessions which would reduce costs. It could include direct financial incentives such as providing publicly owned land or the waiver of fees or dedication requirements. 4. A city need not provide the additional incentive if it makes a finding that the additional incentive is not required in order to provide the affordable housing. 5. If the developer proposes to construct both 20°x6 for low income and 10% for very low income, the city must provide at least one additional incentive. 6. Instead of the density bonus and additional incentive, a city may provide other incentives of equivalent financial value based on the land cost per dwelling unit. 7. There must be an agreement that all of the lower income density bonus units will remain affordable for at least 30 years. 8. These provisions apply to residential developments of five or more units. 9. The Chapter includes similar provisions for the conversion of apartments to condominiums. 10. The Chapter also includes a permissive section allowing commercial density bonuses for the provision of child care facilities. Analysis Section 65008 --Discrimination Lawsuits have been and will be filed on local government attempting to link land use constraints to discrimination but there is nothing in the Initiative Plan which is discriminatory per se. Chapters 4.2 and 4.3--Housinq Programs Each subsection of Chapter 4.2 is commented on below: Planning Impacts of General Plan initiative 27 Enough vacant land for residential use with appropriate standards to meet housing needs as identified in the general plan. Although there would still be enough vacant land designated and zoned for residential use, the Initiative Plan could impact all of the total future residential units, by increasing the cost and delaying development. 2. Refrain from imposing requirements so as to make affordable housing infeasible or imposing standards different from similarly zoned districts in the city. The major impact of the Initiative Plan conditions is the imposition of the requirement for a vote of the people on the major vacant land parcels which will assist in increasing the cost of residential units. 3. "One-stop" development processing The Initiative Plan discusses processing time on page II -20 of the Housing Element. It states that processing time can lead to delays and subsequent increased costs and is a constraint on the production of affordable housing. It further states that the City is much faster than Los Angeles County. There are several strategies directed to solving any problems, including: 1.1.6. Provide timely review of development requests with fees sufficient only to cover the actual costs (direct and overhead) incurred by the City. In order to do so, consider changes in case processing such as: • Computerize case records to allow for automated case tracking. • Schedule case processing timetables to provide reasonable expectations in processing applications based upon available resources. • Maintain review of EIRs to the minimum period required by law. (page II -27) The requirement for a vote of the people would negate the positive impacts of any of the "one-stop" processing strategies. 4. Impact fees fund public capital facility improvements only, not maintenance or operation. The Initiative Plan contains no provisions which would require funding of operations and maintenance. Planning impacts of General Plan Initiative 28 The impacts on the requirements of Chapter 4.3 are as follows: The City must comply with the density bonus requirements of Chapter 4.3, as amended in 1990, whether or not the General Plan or the Zoning Code contain then. One basic requirement of the amendments is that the provisions must apply to all residential districts. The Initiative Plan only specifically mentions density bonus provisions with High Density Residential, however, the Initiative Plan includes the provision that: It is much more realistic and cost effective for the City to plan that the majority of affordable housing built in Diamond Bar will be built on the Tres Hermanos Ranch, where there is sufficient land of modest topography to make the construction of affordable housing, both single family and detached units The City of Diamond Bar believes that the combination of density bonuses, along with use of State and Federal programs will be sufficient to meets its proportionate share of law and moderate income housing needs. (page II -19) Strategy 1.1.8 provides for compliance with the Density Bonus Code section: Comply with California Government Code Section 65915 by providing a minimum of 25 percent density bonus, or equivalent financial incentive, to residential developers who agree to make a minimum of 20 percent of the units within the project affordable to households with an income of 80 percent of the County median income, or make 10 percent of the units within the project affordable to households with an income of 50 percent of the County median income, or make 50 percent of the units available exclusively to senior citizens. (page II -27) Again, the conditions requiring votes of the people, to approve most major developments might negate the words of the Initiative Plan. Planning Impacts of General Plan Initiative APPENDICES 1. Government Code sections on housing 2. The Citizens' GPAC Version of the General Plan Initiative --cover pages Planning Impacts of General Plan Initiative Section 65008 of the Government Code "(a) Any action pursuant to this title by any city, county, or city and county in this state which denies to any individual or group of individuals the enjoyment of residence, land ownership, tenancy, or any other land use in this state because of religious or ethnic reasons is null and void. (b) No city, county, or city and county shall, in the enactment or administration of ordinances pursuant to this title, prohibit or discriminate against any residential development or emergency shelter because of the method of financing or the race, sex, color, religion, national origin, ancestry, lawful occupation, or age of the owners or intended occupants of the residential development or emergency shelter. (c) No city, county, or city and county shall, in the enactment or administration of ordinances pursuant to this title, prohibit or discriminate against a residential development or emergency shelter because the development or shelter is intended for occupancy by persons and families of low and moderate income, as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income. For the purposes of this section, "persons and families of middle income" means persons and families whose income does not exceed 150 percent of the median income for the county in which the persons or families reside. (d) No city, county, or city and county may impose different requirements on a residential development or emergency shelter which is subsidized, financed, insured, or otherwise assisted by the federal or state governments or by a local public entity, as defined by Section 50079 of the Health and Safety Code, than those imposed on nonassisted developments, except as provided in subdivision (e). (e) Nothing in this title shall be construed to prohibit a city, county, or city and county from extending preferential treatment to residential developments or emergency shelters assisted by the federal or state governments or by a local public entity, as defined in Section 50079 of the Health and Safety Code, or other residential developments or emergency shelters intended for occupancy by persons and families of low and moderate income, as defined in section 50093 of the Health and Safety Code, or persons and families of middle income. This preferential treatment may include, but need not be limited to, reduction or waiver of fees or changes in architectural requirements, or vehicle parking requirements which reduce development costs of these developments. (f) "Residential development," as used in this section, means a single family residence or a multifamily residence. (g) This section shall apply to chartered cities. The Legislature finds and declares that discriminatory practices which inhibit the development of housing for persons and families of low, moderate, and middle income, or emergency shelters for the homeless, are a matter of statewide concern." (Amended by Stats.1984, Ch. 1691. Effective October 1, 1984; Amended by Stats.1986, Ch. 639. Effective September Z 1986.) The Planning and Zoning Law ?` Chapter 4.2. Housing Development Approvals Polky 6S913. (a) The Legislature finds and declares that there exists a severe shortage of affordable housing, Oki especially for persons and families of low and moderate income, and that there is an immediate need to encourage the development of new housing, not only through the provision of financial assistance, but also through changes in law designed to do all of the following: (1) Expedite the local and state residential development process. (2) Assure that local governments zone sufficient land at densities high enough for production of affordable housing. (3) Assure that local governments make a diligent effort through the administration of land use and development controls and the provision of regulatoryconcessions and incentives to significan dy reduce housing development costs and thereby facilitate the development of affordable housing, including housing for elderly persons and families, as defined by Section 50067 of the Health and Safety Code. 'These changes in the law are consistent with the responsibility of local government to adopt the program required by subdivision (c) of Section 65583. (b) The Legislature further funds and declares that the costs of new housing developments have been increased. in part, by the existing permit process and by existing land use regulations and that vitally needed housing developments have been halted or rendered infeasible despite the benefits to the public health, safety, and welfare of those developments and despite the absence of adverse environmental impacts. It is, therefore, necessary to enact this chapterand to amend existing statutes which govern housing development so as to provide greater encouragement for local and state governments to approve needed and sound housing developments. (Added by Slats. 1980. Ch. IIS2; Handed by Slats. 198S. Ch.1117.) Local residential 6S913.1. In exercising its authority to zone for land uses, a city, county, or city and county shall zoning of vacant land designate and zone sufficient vaunt land for residential use with appropriate standards, in relation to zoning for nonresidential use, and in relation to growth projections of the general plan to meet housing needs as identified in the general plan. For the purposes of this section. "appropriate standards" shall mean densities and requirements with respect to minimum floor areas, building setbacks, rearand side yards, parking. the percentage of a lot which may be occupied by a structure. amenities. and other requirements imposed an residential lots pursuant to the zoning authority which contribute significantly to the economic feasibility of producing housing at the lowestpossible cost given economic and environmental factors. the public health and safety. and the need to facilitate the development of housing for persons and families of low or moderate income. as defined in Section 50093 of the health and Safety Code. However, nothing in this section shall be construed to enlarge or diminish the authority of a city. county, or city and county to require a developer to construct such housing. Nothing in this section shall be construed to require a city, county. or city and county in which less than 5 percent of the total land area is undeveloped to zone a site within an urbanized area of such city. county. or city and county for residential uses at densities which exceed those on adjoining residential parcels by 100 percent. For the purposes of this section. "vacant land" shall not include agricultural preserves pursuant to Chapter 7 (commencing with Section 51200) of part I of Division 1 of -Title 5. For the purposes of this section. "urbanized area" means a central city or cities and surrounding closely settled territory, as defined by the United States Department of Commerce Bureau of the Census in the Federal Register. Volume 39. Number 85. for Wednesday, May 1. 1974. at pages 15202-15203, and as periodically, updated, (Added by Slats.1980, Ch. 1152.) Subdivision design 6S913.2. In exercising its authority to regulate subdivisions under Division 2 (commencing with standards not to Section 66410), a city. county. or city and county shall: preclude housing for (a) Refrain from imposing criteria for design, as defined in Section 66418. or improvements. as all economk defined in Section 66419, for the purpose of rendering infeasible the development of housing for segments of any and all economic segments of the community. However. nothing in this section shall be community construed to enlarge or diminish the authority of a city, county, or city and county under other provisions of law to permit a developer to construct such housing. 82 • The Planning, Zoning, and Development Laws The Planntnr and Zonlna !Qw (b) Consider the effect of ordinances adopted and actions taken by it with respect to the housing k needs of the region in which the local jurisdiction is situated. (c) Refrain from imposing standards and criteria for public improvements including, but not limited to. streets, sewers, fue stations, schools, or parks, which exceed the standards and criteria being applied by the city, county, or city and county at that time to its publicly financed improvements located in similarly zoned districts within that city, county, or city and county. (Amended by Slats. 1983, Ch. 367.) 14 65913.3. (a) Every city. county, or city and county shall provide for coordination of review and decision milling and the provision of infamadon regarding the status of all applications and permits for residential. commercial. and industrial developments, as required by the city, county, or city and county, by a single administrative entity. The city. county. or city and county may charge fees to defray costs which are directly attributable to the coordination of an application of a developer by a single administrative entity. For the purposes of this section, "administrative entity" means a person or agency designated by the legislative body of the city, county. or city and county to coordinate the review and decision malting and provide informationregarding the status of all permits or applications required by the local agency. i, A city, county, or city and county may adopt, by resolution or ordinance, procedures for the implementation of this section by the designated administrative entity. (b) At the request of an applicant. the administrative entity may coordinate the review and decision making process with affected special districts and the administrative entity designated by the legislative body of any other city, county, or city and county within whose jurisdiction application for approval of the development is also being made in order to provide concurrentprocessing within those jurisdictions. The Office of Permit Assistance in the Office of Planning and Research shall evaluate the extent to which this subdivision has resulted in an expedited development permit process and shall report its findings and elusions to the Legislature an or before January 1, 1990. This subdivision shall have no application or effect on and after January 1. 1991. (Amended by Stats. 1983, Ch. 1263: Amended by Stats. 1987, Ch. 1430.) 65913.4. (Repeated by Stag 1990, Ch. 31. Effective September 11, 1990 ) 65913.5. (a) As part of implementation of the demonstration program established pursuant to Section 14045 of the Government Code, a city, county, or city and county participating in the demonstration program sball grant a density bonus to a developer of housing within one-half mile of a mass transit guideway station oaks the locality finds that granting of the density bonus would result in a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. . (b) Notwithstanding subdivisioo(l) of Section 65915, asused in thissection, "density bonus" means density increaseofat least 2Spercentover theotherwise maximum residential density allowed under the general plan and any applicable zoning and development ordinances. (c) A city, county, or city and county may require a developer to enter into a development agreement pursuant to Article 2S (commencing with Section 65864) of Chapter 3 of Division 1 of Title 7 to implement a density bonus granted pursuant to this section. (d) In an action or proceeding to attack, set aside, void or annul a density bonus granted pursuant to this section, a court shalt uphold the decision of a city, county, or city and county to grant the density bonus if the court finds that there k substantial evidence in the record that the housing development will assist the city, county, or city and county to do all of the following: (1) Meet its share of the regional housing- needs determined pursuant to Article 10.6 (commencing with Section 65580) of Chapter 4 of Division 1 of Title 7. (2) Implement its Congestion management plan adopted pursuant to Cbapter 2.6 (commencing with Section 65088) of Division 1 of Title 7. (e) Nothing In thissectiousballbe construed to relieve anylocalagency from complying with the provisions of the Congestion Management Program required by Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7. (Added by Stats. 1990, Ch. 1304.) Administrative body: permit processing Density bonus The Planning, Zoning, and Development taws • 93 ill6p�Ji('s The Planning and Zoning Law �II Enforcement of 6S913.7. If a court finds that an action of a city, county, or city and county is in violation of Section fiK allf compliance with 65913.1 or65913.2, the city.county, orcity andcounty shall bring its action into compliance within judkial action 60 days. However. the court shall retain jurisdiction to enforce its decision. Upon the court's determination that the 60 -day period for compliance would place an undue hardship on the city. county, or city and county. the court may extend the time period for compliance by an additional 60 days. (Added by Stats. 1982. Ch. 1355.) Limits on 65913.8. A fee, charge, or other foam of payment imposed by a governing body of a local agency for improvement fees a public capital facility improvement related to a development project may not include an amount for the maintenance or operation of an improvement when the fee. charge, or other form of payment is required to fulfill a condition of the approval. However, a fee, charge. or other form of payment may be required for the maintenance and operation of an improvement meeting the criteria of either subdivision (a) or (b). as follows: (a) The improvement is (1) designed and installed to serve only the specific development project on which the fee, charge, or other form of payment is imposed. (2) the improvement serves 19 or fewer lots or units, and (3) the local agency makes a finding, based upon substantial evidence, that it is infeasible or impractical to form a public entity for maintenance of the improvement or to annex the property served by the improvement to an entity as described in subdivision (b). (b) The improvement is within a water district, sewer maintenance district. street lighting district, or drainage dstrict. In these circumstances, a payment for maintenance or operation may be required for a period not to exceed 24 months when, subsequent to the construction of the improvement, either the local agency forms &.public entity or assessment district to finance the maintenance or operation, or the area containing the improvement is annexed to a public entity that will finance the maintenance or operation. whichever is earlier. The local agency may extend a fee, charge. -or other form of payment pursuant to this section once for whatever duration it deems reasonable beyond the 24 -month period upon making a funding, based upon substantial evidence, that this time period is insufficient for creation of. or annexation to, a public entity or an assessment district that would finance the maintenance or operation. As used in the section. "development project" and "local agency" have the same meaning as provided in subdivisions (a) and (c) of Section 66000. (Added by Stats. 1988. Ch. 1330.) Applicability 6S913-9. This chapter shall apply toallcides, includingchartercifies,coundes, andcides; and counties. The Legislature finds and declares that the development of a sufficient supply of housing to meet the needs of all Californians is a matter ofstatewide concern. (Amended by Slats. 1982, Ch. 1355.) Attorney's fees 6S914. (a) In any civil action or proceeding. including but not limited to an action brought pursuant to Section 21167 of the Public Resources Code, against a public entity which has issued planning, subdivision, or other approvals for a housing development. to enjoin the carrying out or approval of a housing development or to secure a writ of mandate relative to the approval of, or a decision to cavy out the housing development, the court. after entry of final judgment and the time to appeal has elapsed, and after notice to the plaintiff or plaintiffs, may award all reasonably incurred casts of suit, including attorney's fees, to the prevailing public entity if it rinds all of the follcnving: (1) The housing development meets or exceeds the requirements for low- and moderate -income housing as set forth in Section 65915. (2) The action was frivolous and undertaken with the primary purpose of delaying of thwarting the low -or moderate -income nature of the housingdevelopment or portions thereof. (3) The public entity making application for costs under this section has prevailed on all issm presented by the pleadings, and. if an intervenor. the public entity actively, through counsel or otherwise, tools part on a continuing basis in the defense of the lawsuit. (4) A demand for a preliminary injunction was made by the plaintiff and denied by a court of competent jurisdiction. such denial not having been reversed on appeal. or the action or; 9 r , , ILng was dismissed as a result of a motion for summary judgment by any defendant. and not reversed an appeal. (b) In any appeal of any action described in subdivision (a), the reviewing court may award all reasonably incurredcostsof suit, including attorney's fees. to theprevailingpublicentity if tlieeo■rt 84 • The Planning, Zoning, and Development Laws ✓��Nii ireviews and upholds the trial court's findings with respect to paragraphs (1) to (4), inclusive, of 14 subdivision (a). (Added by Stats. 1981. Ch. 969.) IpI ` Chapter 4.3. Density Bonuses and Other Incentives 6591S. (a) When a developer of housing proposes a housing development within the jurisdiction of Incendvesjor lower the local government, the city, county, orcity and county shall provide the developer incentives for income housing the production of lower income housing units within the development if the developer meets the development requirements set forth in subdivisions (b) and (c). The city, county, or city and county shall adopt an ordinance which shall specify the method of providing developer incentives. (b) When a developer of housing agrees or proposes to construct at least (1) 20 percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code, or (2)10 percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health andSafety Code, or (3) 50 percent of the total dwelling unitsof a housing development forqualifying residents, as defined in Section 51.2 of the Civil Code, a city, county, orcity and county shall either (1) grant a density bonus and at least one of the concessions or incentives identified in *** subdivision (h) unless the city, county, orcity and county makes a written finding that the additional concession or incentive is not required in order to provide for affordable housing costs as defined in Section S0052.S of the Health and Safety Code or for rents for the targeted units to be set as specified in subdivision (c), or (2) provide other incentives of equivalent financial value based upon the land cost per dwelling unit. (c) A developer shall agree to and the city, county, cw city and county shall ensure continued Affordability affordability of all lower income density bonus units for 30 years or a longer period of time if by agreement required the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Those units targeted for *** lower income households, as defined in Section 50079.5 of the Health and Safety Code shall be affordable at a rent that does not exceed 30 percent of 60 percent of area median income. Those units targeted for *** very low income households, as defined in Section SOLOS of the Health and Safety Code shall be af- fordable at a rent that does not exceed 30 percent of 50 percent of area median income. If a city, county, or city and county does not grant at least one additional concession or incentive pursuant to paragraph (1) of subdivision (b), the developer shall agree to and the city. county, or city and county shall ensure continued affordability for 10 years of all lower income housing units receiving a density bonus. (d). A developer may submit to a city, county, or city and county a preliminary proposal for the development of housing pursuant to this sectionprior to the submittal of any formal requests for general plan amendments, zoning amendments, or subdivision map approvals. The city, county, or city and county shall, within 90 days of receipt of a written proposal, notify the housing developer in writing of the procedures under which it will comply with this section. The city. county, or city and county shall establish procedures for carving out this section, which shall include legislative body approval of the means of compliance with this section. Thecity. county. orcity and county shall alsoestablish procedures for waiving or modifying developmentand zoning standards which would otherwise inhibit the utilization of the density bonus on specific sites. These procedures shall include, but not be limited to, such items as minimum lot size, side yard setbacks. and placement of public work improvements. (e) The housing developer shall show that the waiver or modification is necessary to make the housing units economically feasible. (i) For the purposes of this chapter."density bonus" means a density increase ofatleast 25 percent over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the developer to the city, county, or city and county. The density bonus shall not be included when determining the number of housing units which is equal to 10 or *** 20 percent of the total. The density bonus shall apply to housing developments consisting of five or more dwelling units. (g) "Housing development" as used in this section means one or more groups of projects for residential units constructed in the planned development of a city, county, or city and county. For purposes ofcalculating a density bonus, the residential units do not have to bebased upon individual The Planning, Zoning, and Development Laws • 8S subdivision mapsorparcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. is (h) For purposes of this chapter, concession or incentive means any of the following: (1) A reduction in site development standards or a modification of zoning code requirements ilia or architectural design requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.S (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. (2) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development In the area where the proposed housing project will be located. (3) Other regulatory incentives or concessions proposed by the developer or the city, county, Ali or city and county which result in identifiable cost reductions. Mor"i This subdivision does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land by the city, county, or city and county, or the waiver of fees or dedication requirements. (i) Ifadeveloperagmestoconstructboth20penxntofthetotal units forlowerincome households and 10 percent of the total units for very low •yr households, the developer is entitled to only one densitybotusandatleastoneadditionalconcession orincentive identified in Section 65913A under this section although the city, city and county, or county may, at its discretion, grant more than one density bonus. ' (Amended by Stals. 1994. CIL 1333. No repealer, Amended by Stats.1989, Ch. 842;. Amended by Awl Stats. 1990. Ch. 31. Effective September 11. 1990.) Condo conversion 65915.5. (a) When an applicant for approval to convert apartments to a condominium project agrees Incentives for low to provide at least 33 percent of the total units of the proposed condominium project to persons and , Income housing families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or development 1S percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay for the reasonably Is necessaryadminist ativecosts incurredbyacity, county,orcityand county pursuant to this section, the city, county, or city and county shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. A city, county, or city and county may place such reasonable conditions on the granting ofa density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower income households. "density (b) Forpurposes of this section, bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. (c) For purposes of this section, 'other incentives of equivalent financial value" shall not be construed to require a city, county, or city and county to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city, county, or city and county might otherwise apply as conditions of conversion approval. (d) An applicant for approval to convert apartments to a condominium project may submit to a city, county, or city and county a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city, county, or city and county shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The city, county, or city and county shall establish procedures for carrying out this section, which shall include legislative body approval of the ineans of compliance with this section. (e) Nothing in this section shall be construed to require a city, county, orcity and county to approve a proposal to convert apartments to condominiums. (f) An applicant shall be ineligible for a density bonus orother incentives under this section if the apartments proposed forconversion constitute a housing development for which adensity bonus or 0 96 • The Planning, Zoning, and Development Laws r r LJ other incentives were provided under Section 65915. (Added by Stats. 1983, Ch. 634.) 65916. Where there is a direct financial contribution to a housing development pursuant to Section 65915 through participation in cost of infrastructure, write-down of land costs. or subsidizing the costof construction, the city, county. or city andcounty shall assure continued availability for low - and moderate -income units for 30 years. When appropriate, the agreement provided for in Section 65915 shall specify the mechanisms and procedures necessary to carr, out this section. (Added by Stats. 1979, Ch. 1207. Effective October 2. 1979.) 65917. In enacting this chapter it is the intent of the Legislature that the density bonus or other incentives offered by the city. county, or city and county pursuant to this chapter shall contribute significantly to the economic feasibility of lower income housing in proposed housing developments. In the absence of an agreement by a developer in accordance with Section 65913.5 or 65915. a locality shall not offer a density bonus or any other incentive thatwouid undermine the intent of this chapter. (Amended by Stats. 1982, Ch. 1263. Effective September 22.1982; Amended by Stats. 1989. Ch. 842.) 65917.5. (a) As used in this section, the following terms shall have the following meanings: (1) "Childcare facility" means a facility installed, operated, and maintained under this section for the nonresidential care of children as defined under applicable state licensing requirements for the facility. (2) "Density bonus" means a floor area ratio bonus over the otherwise maximum allowable density permitted under the applicable zoning ordinance and land use elements of the general plan of a city, including a chatter city, city and county, or county of (A) A maximum of five square fat of floor area for each one square foot of floor area contained in the child care facility for existing structures. (B) A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child care facility for new structures. For purposes of calculating the density bonus under this section, both indoor and outdoor square footage requirements for the child care facility as set forth in applicable state child care licensing requirements shall be included in the floor area of the child care facility. (3) "Developer" means the owner or other person, including a lessee, having the right under the applicable zoning ordinance of acitycouncil, including a chartercitycouncil. city and county board of supervisors. or county board of supervisors to make application for development approvals for the development or redevelopment of a commercial or industrial project. (4) "Floor area" means as to a commercial or industrial project. the floor area as calculated under the applicable zoning ordinance Of; city council, including a charter city council. city and county board of supervisors, or county board of supervisors and as to a child care facility, the total area contained within the exterior wails of the facility and all outdoor areas devoted to the use of the facility in accordance with applicable state child care licensing requirements. (b) A city council, including a charter city council, city and county board of supervisors, or county board of supervisors may establish a procedure by ordinance to grant developer of a commercial or industrial project, containing at least 50,000 square feet of floor area, a density bonus when that developer has set aside at least 2,000 square fat of floor area and 3,000 outdoor square feet to be used for a child care facility. The granting of a bonus shall not preclude a city council. including a charter city council, city and county board of supervisors. or county board of supervisors from imposing necessary conditions on the project or on the additional square footage. Projects constructed under this section shall conform to height. setback, lot coverage, architectural review, site plan review. fees, charges. and other health, safety, and zoning requirements generally applicable to construction in the zone in which the property is located. A consortium with more than one developer may be permitted to achieve the threshold amount forthe available density bonus with each developer's density bonus equal to the percentage participation of the developer. This facility may be located on theproject site or may be located offske as agreed upon by the developerand local agency, if the child care facility is not located on the site ofthe project, the local agency shall determine whether the location of the child care facility is appropriate and whether it conforms with the intent of this section. The child care facility shall be of a size to comply with all state licensing requirements in order to accommodate at least 40 children. Direct financial contribution Policy Commercial density bonus IThe Planning, Zoning, and Development Laws • 87 Uncodtfkd polky Charter cities (c) The developer may operate the child cane facility itself or may contract with a licensed child care provider to operate the facility. In all cases, the developershatl show ongoing coordination with a local child care resource and referral network or local governmental child care coordinator in order to qualify for the density bonus. (d) If the developer uses space allocated for child care facility purposes, in accordance with subdivision (b), forany purposesotherthan forchild care facility, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. If the developer fails to have the space allocated for the child care facility within three years, from the date upon which the first temporary certificate of occupancy is granted, an assessment based on the square footage of the project may be levied and collected by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors in accordance with procedures to be developed by the legislative body of the city council, including a charter city council, city and county board of supervisors, or county board of supervisors. The assessment shall be consistent with the market value of the space. Any penalty levied against a consortium of developers shall be charged to each developer in an amount equal to the developer's percentage square feet participation. Funds collected pursuant to this subdivision shall be deposited by the city council, including a charter city council, city and county board of supervisors, or county board of supervisors into a special account to be used for childcare services or child care facilities. (e) Once the child care facility has been established, prior to the closure, change in use, or reduction in the physical size of, the facility, the city, city council, including a charter city council, city and county board of supervisors, or county board of supervisors shall be required to make.a finding that the need for child care is nb longer present, or is not present to the same degree as it was at the time the facility was established. (i) 'Ilse requirements of Chapter S (commencing with Section 66000) and of the amendments made to Sections 53077, 54997, and 54998, by Chapter 1002 of the Statutes of 1987 shall not apply to actions taken in accordance with this section. (g) This section shall not apply too voter -approved ordinance adopted by referendum or initiative. (Added by Stats. 1989, Ch. 1323.) Note: Stats. 1989, Ch. 1323 also reads: See. 1. The Legislature finds and declargs all of the following: (a) It is the intent of the Legislature to encourage greater development of facilities by the private sector at points of employment concentration. (b) It is the intent of the Legislature to encourage and foster a public and private cooperative approach to providing child care services in California communities. (c) It is in the best interestof the state to develop and fosterincentive driven programs to encourage commercial and industrial developers to provide children's centers, which can meet the needs of the city, including a charter city, city and county, or county. (d) It is the intent of the Legislature to provide advisory guidelines which may be adopted by a city council, including a chartercity council, city and county board of supervisors, orcounty board of supervisors, for floor area ratio bonuses as one approach in addressing the unmet need for child cane services in California communities. (e) Itis in thebestinterestof thestate toprovideadvisoryguidelines whichassistin reducing travel time for families by increasing onsite child care facilities in developments such as business. industrial parks. and retail centers. It is also in the best interest of the state to create incentives for developers which will help to foster and attract business and tenants in new developments. (t) It is the intent of the Legislature to provide guidelines for local jurisdictions and the private sectorwhich will increase the number of facilities which are developed specifically forchildren that can enrich and nurture their physical and cognitive growth. (g) It is furtherthe intent oftheLegislature thatevery citycouncil, including a chartercity council, city and county board of supervisors, or county board of supervisors, shall consider adopting the floor arca ratio bonus guidelines into their local general plans. 65918. The provisions of this chapter shall apply to charter cities. (Added by Stats. 1979, Ch.1207. Effective October 2. 1979.) If99 • The Planning, Zoning, and Development Laws � oG111..� ..Or' ...w�al... ter „!� dile u.,,f� Il;l, � •a, .. 1 Citiaeos' CiNa,(: �'arviinu r1' Ct�e 3,%mod 'Plan Initiative The People of Diamond Bar do hereby ordain ens Jc# Section 1. Finding and Purpose. 0 ��'4 - I F' 0 3 A. Citizens were forced to oppose the Cgty 1::00ncil':s .-wslon, ot° the C;eneral Pian, because the City Council continually made major revisions and removed GPAC' t basic: go,W of retaining a "Country Living Environment'. Three times within four years, the Council denied ,he ger:eral public the right to vote on the General Plan by refusing to put the plan on the ballot despite two referandums. They broke their promise. Council opposed the people's right to petition government by illegally, srbitrunly and capriciously disqualifying all 4,000 signatures on the 1992 and 1993 referendums. Council lost the ensuing lawA;uits costing taxpayers an unnecessary $500,000. The Council's plan promotes uncontroiled urban encroachment promoting substantial residential and commercial projects, thus creating unnecessary expensive public services sold increased traffic congestion, with little protection for valuable Irreplaceable environmental areas enjoyed by residents as Country Living. B. Protection is necessary for the remaining open space in the city and the sphere of influence. The sphere of influence has been designated by Los Angeles County ai s Significant Ecological Area, 4SEA-15), which has aesthetic qualities that enhance Country Living atmosphere of Uismond Bar. C. Protection is necessary for those lands within the City that have map and deed restrictions created by Los Angeles County as a condition of previous project approvals to control development. D. The purpose of this initiative is to offer voters the right to decide if they wish Diamond Bar to remain a City committed to a Country Living atmosphere by limiting growth and pursuing to reduce traffic congestion. Section 2. Citizens' GPAC General Plan. A. This initiative presents a general plan written by a citizens' group, General Plan Advisory Committee IGPAC) appointed by the .City Council. The plan dated June 30, 1994 with Land Use Map identified as revised 8/30/94 Figure 1-2, errata dated July 13, 1994 addresses all five 15) required elements of a general Plan, and includes citizens revisions needed for deification. Upon approval of this initiative by the vote of the people, it becomes Dismond Bar's general plan that will ouids the future of Diamond Bar. 1) This initiative presents the Citizens' GPAC Version of the General Plan and the following conditions: a) Land designated as Agriculture IAG) within the Sphere of Influence shall remain unless such change Is approved by the vote of the people. ' b) Land designated as open space (OS) shall remain unless such change is approved by a vote of the people. c) All map approvals within areas designated as Planned Development 4PD) or Specific Plan (SP) shall require approval by the vote of the people. d) Specific sites needed for State mandated housing requirements shall be included in the Specific Plan (SP) design for Tres Hermance property. Such development on Tres Hermanos will reduce future trefflc congestion in the already over -developed sections of the City along Diamond Bar Boulevard and Grand Ave. The City Council may otherwise implement the Housing Element. e) The attached Citizens' GPAC Version of the General Plan also requires approval by the vote of the people on the following issues as specified: 1) To lift any existing or future map or deed -restrictions from land shall require approval by the vote of the people. (Land Use Page 1-16, Strategy 1.5.1) 2) Transfer of existing or future land entitlement, density, or development rights require approval by the vote of the people. (Lend Use Element, 1-17 Strategy 1. 5.5) f) Approval by a vote of the people is accomplished when a general plan amendment is placed on the ballot. throuoh any procedure provided for in the election code and a majority of the voters vote in favor of it. Whenever the City Council adopts an amendment requiring approval by the vote of the people pursuant to the provisions of this subsection, the City Council action shall have no effect until after such a vote is held and a majority of the voters vote in favor of it. The City Council shall follow the provisions of the Election Code in all matters pertaining to such an election. Initiative Page 1 of 2 Section 3. Implementation. A. The attached Citizens' GPAC Version of the General Pian is a major component of this initiative. Upon the effective date of this initiative it shall be deemed in full effect and shall deem null and void any previously adopted General Plan or amendments. Any provisions of the City's resolutions or ordinances that are inconsistent shall not be enforced to the point of inconsistency. Within 180 days of adoption of this General Pian Initiative, the City shall complete such revisions to its resolutions or ordinances as necessary to achieve consistency with all provisions of this initiative. Therefore, within 180 days of the adoption of this Initiative, the City shall complete such revisions of Its Zoning Ordinance and other land use regulations as aro necessary to conform to all provisions of the initiative. B. The provisions of this initiative shall prevail over any ordinance or land use maps which conflict with this Initiative. Except as provided in Section 4, below, upon the approval date, all general plan amendments, rezoning, specific plans (SP), planned development (P0), tentative or final subdivision maps, conditional use permits, building permits or other ministerial or discretionary entitlement for use not yet approved or Issued shall not be approved or Issued unless consistent with the policies and provisions of this initiative. Section 4. Exemptions for Certain Projects, This initiative shall not apply to any development project consistent with this General Plan, which has obtained as of the effective date of the Initiative: A. Final vested rights, pursuant to state law; 8. A validly approved and fully executed development agreement with the City beyond the time for legal challenge, or C. Final approval of a vesting tentative'mop. Section 5. Saversbility, If any portion of this initiative is declared invalid. by a court, the remaining portions are to be considered valid. Section„& Amendment or Repeal. This Initiative and the Citizens' GPAC Version of the General Plan incorporated herein by reference, may be amended or repealed only by the voters at a City election. Initiative Pepe 2 of 2 FISCAL EVALUATION DIAMOND BAR GROWTH INITIATIVE Prepared for: The City of Diamond Bar 21660 E. Copley Drive Diamond Bar, California 917654177 Planning and Development Services 11661 San Vicente Boulevard, Suite 505 Los Angeles, California 90049 Phone (310) 820-2680 • FAX (310) 820-8341 STANLEY R. HOFFMAN A S S O c I A T E S FISCAL EVALUATION DIAMOND BAR GROWTH INITIATIVE Prepared for: The City of Diamond Bar 21660 E. Copley Drive Diamond Bar, California 91765-4177 Planning and Dwolopnwg Sarvian 11661 San Vicente Boulevard, Suite 505 Los Angeles, California 90049 Phone (310) 820-2680 • FAX (310) 820-8341 11 STANLEY R. HOHMAN A s s 0 c I A T E S TABLE OF CONTENTS Listof Tables........................................................ ii Chapter 1 Introduction .............................................. 1 1.1 Introduction...............................................1 1.2 Background.............................................1 1.3 Methodology .............................................. 2 1.4 Report Overview ........................................... 3 Chapter Summary ................................................ 4 2.1 Land Use Alternatives.......................................4 2.2 Potential One -Time Cost Effects ...............................6 2.3 Recurring Fiscal Impacts ..................................... 9 2.4 Survey of Local Builders and Developers .......................11 2.5 Economic Implications ..................................... 11 Chapter 3 Land Use Alternatives ..................................... 14 3.1 Current General Plan: Potential Development ................... 14 3.2 Proposed Initiative: Full Impact ...............................16 3.3 Proposed Initiative: Partial Impact ............................ 18 Chapter 4 Potential One -Time Cost Effects of Ballot Initiative ............. 20 4.1 Private Sector Costs ....................................... 20 4.2 Public Sector Costs ........................................ 23 Chapter 5 Potential Recurring Fiscal Impacts ........................... 25 5.1 Operating Budget ......................................... 25 5.2 Cumulative Budget Impacts ................................. 25 5.3 Incremental Budget Impacts ................................. 30 5.4 Impacts by Alternative and Land Use .......................... 32 AppendixA ....................................................... 37 LIST OF TABLES Table Page 2-1 Land Use Scenarios ............................................. 5 2-2 Summary of Potential Private Sector Costs ............................ 7 2-3 Summary of Potential Public Sector Costs ............................ 8 2-4 Summary of General Fund Fiscal Impacts ............................ 10 3-1 Current General Plan: Potential Development ......................... 15 3-2 Initiative Approved: Full Impact .................................... 17 3-3 Initiative Approved: Partial Impact .................................. 19 4-1 Potential Private Sector Costs ..................................... 21 4-2 Potential Public Sector Costs ..................................... 24 5-1 Estimated Loss of State Subventions ............................... 26 5-2 Derivation of Operating Budget .................................... 27 5-3 Cumulative General Fund Recurring Revenues and Costs: Current General Plan and Proposed Initiative ......................... 29 5-4 Incremental General Fund Recurring Revenues and Costs: Current General Plan and Proposed Initiative ......................... 31 5-5 Incremental General Fund Recurring Revenues and Costs: Current General Plan .........:.................................. 34 5-6 Incremental General Fund Recurring Revenues and Costs: Proposed Initiative: Full Impact .................................... 35 5-7 Incremental General Fund Recurring Revenues and Costs: Proposed Initiative: Partial Impact .................................. 36 A-1 Revenue Assumptions ............................................ 38 A-2 Cost Assumptions .............................................. 43 m CHAPTERI INTRODUCTION 1.1 Introduction This report presents the potential economic effects to the City of Diamond Bar based on future development potential under the current General Plan versus the probable approval of the "Citizens' GPAC Version of the General Plan Initiative." Under the Initiative, two scenarios are estimated reflecting full and partial impacts. The analysis presented in this report focuses on the cost and fiscal implications to the public and private sectors. In addition, there is a land use analysis and a survey of local builders in order to reflect likely market responses to the adoption of the proposed initiative and the potential new costs that could be imposed on new development in the City in order to gain entitlement. 1.2 Background The City of Diamond Bar was incorporated in 1989 and is located at the junction of the State Routes 57 and 60 freeways in the southeastern part of Los Angeles County. As of January 1, 1995 the City had a population of 55,284 people and 17,853 housing units, as estimated by the California Department of Finance. The City is comprised primarily of residential land uses. Commercial uses are primarily at the neighborhood and community level serving the local population with significant freeway oriented retail at Grand Avenue and Diamond Bar Boulevard and the 60 freeway. A large office complex of about 110 acres is located southeast of the intersection of the 57 and 60 freeways; there are also an estimated 84 acres of industrial and business park uses. The proposed initiative would adopt the "Citizens GPAC Version of the General Plan" but with a number of signficant conditions that would subject virtually all of the discretionary land use approvals to a public vote, such as Planned Development, Specific Plans and General Plan Amendments. Also subject to a popular vote would be parcels requiring subdivisions and those that do not have final vested rights. Additionally, general plan amendments and other discretionary planning actions proposed by City staff would be subject to a popular vote. 1 1.3 Methodology The methodology has been to analyze the likely economic .impacts of the proposed initiative in comparison with the current General Plan which allows an additional 1,115 dwelling units and 1,550,000 square feet of non-residential development within the existing city limits. Potential developments in future sphere of influence annexations are not analyzed in this study due to their uncertainty. In structuring the analysis of two potential impact scenarios under the proposed initiative, a land use analysis was undertaken of development that is either under construction, in - process or allowable under the current General Plan. After discussions with City staff as to the status of the various parcels and conversations with builders currently operating within the City of Diamond Bar, two scenarios were structured to reflect either full or partial impacts of the proposed initiative. All revenues and costs are presented in constant 1995 dollars for comparative purposes. In preparing this analysis, the following sources have been used: • Review and analysis of the City of Diamond Bar Annual Budget Fiscal Year 1995-96 and discussions with the Finance Department staff. • Discussion with the Community Development Department and City Manager of Diamond Bar regarding land uses and infrastructure. • Discussions with various County service providers within Diamond Bar. • Coordination with the land use consultant Hightower/Associates. • Discussion with local builders in the Diamond Bar area for current land costs, land development issues and how they perceive the affect of the proposed initiative. Since the City of Diamond Bar is about 80 percent developed, the analysis presented in this repot assumes buildout of the City under the current General Plan as the point of departure for the comparative analysis. While the GPAC version of the General Plan presents additional residential development of 676 dwelling units and 1,300,000 square feet of commercial development, it is assumed that under the two impact scenarios the 2 condition of a public vote for much of the future development will cause the market to respond whereby the GPAC version of the General Plan will not likely be fully realized. 1.4 Report Overview Chapter Z presents a summary of this study, including the projected fiscal and cost impacts under alternative scenarios. Chapter 3 presents the land use assumptions for future development under the current General Plan and two scenarios of probable impact under the proposed initiative. Chapter 4 presents the potential one-time cost effects on both the public and private sector assuming approval of the initiative. Chapter 5 presents the recurring fiscal impacts to the City of Diamond Bar's General Fund under assumed passage of the initiative based on the current General Plan and two scenarios. 3 CHAPTER SUMMARY This chapter presents a summary of the potential one-time cost effects and recurring fiscal impacts of the proposed ordinance. Additionally, implications of this economic analysis and responses by local builders and developers are presented. 2.1 Land Use Alternatives Table 2-1 presents a summary of the land use scenarios that were analyzed. As mentioned earlier, the current General Plan with future residential potential of 1,115 and non-residential potential of 1,550,000 square feet within the existing City limits was used as the starting point for comparison. About 350,500 square feet, or 20 percent of the 1,550;000 square feet was allocated as commercial development with significant sales tax potential for the City. Under the assumed adoption of the initiative, two scenarios were analyzed: full and partial impact. These scenarios assume likely market and planning responses to the initiative. The full impact scenario assumes that only about 206 units and 481,422 non-residential square feet, or about 31 percent allowable under the General Plan would be developed. Under the partial impact scenario, about 434 units and 690,741 square feet are assumed to be developed, about 39 percent and 45 percent allowable under the General Plan, respectively. In terms of development potential under the proposed initiative, retail development and potential sales tax increment to the City, is asumed to be significantly reduced because of the likely unwillingness of developers to invest sizable costs in both processing their projects and then paying for an election. Under the full impact scenario, the retail commercial assumed to be developed is generally for scattered infill projects and is estimated to be about 58,409, or about 19 percent of the square footage estimated as allowable under the General Plan; under the partial impact scenario, the same commercial infill parcels are assumed to develop. 0 TABLE 2-1 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS LAND USE SCENARIOS Current General Plan: Potential Development Residential Units Rural 186 Single family detached 623 Single family attached am Total 1,115 Non -Residential Square Feet Community Commercial 156,816 Neighborhood Commercial 158,635 Office 1,025,461 Business Park 209.088 Total 1,550,000 Initiative Approved: Full Impact' Assumes SFA residential for units under construction Assumes SFD residential development for certain projects Assumes SFD residential development for a portion of infill units Assumes development of a portion of infill retail and office Assumes development of Gateway parcels that are subdivided Residential Units Rural 48 Single family detached 72 Single family attached $d Total 206 Non -Residential Square Feet Community Commercial 0 Neighborhood Commercial 58,409 Office 423,013 Business Park Q Total 481,422 Initiative Approved: Partial Impact' Assumes SFA residential for units under construction Assumes SFD residential development for infill and vesting tentative map units Assumes development of a portion of infill retail and office Assumes development of all of Gateway Residential Rural 186 Single family detached 162 Single family attached $S2 Total 434 Non -Residential Community Commercial 0 Neighborhood Commercial 58,409 Office 632,332 Business Park Q Total 690,741 Notes: . 1. Because of a potential vote on many planning projects, the probability of project approval is questionable. These scenarios project a range of probabilities based on discussion with City staff and local builders. Source: Stanley R. Hoffman Associates, Inc. City of Diamond Bar i 2.2 Potential One -Time Cost Effects Potential one-time costs are estimated for both the public and private sectors under the assumed adoption of the initiative. The costs are divided into two major categories: 1) processing costs; and 2) election costs. While the developer has to incur processing costs with or without the adoption of the initiative, the major difference under the initiative is that those processing cost are now at risk subject to an election which requires significant additional costs. These additional costs then add to final sale price of the residential or non-residential product to the consumer. Private Sector Costs. As presented in Table 2-2, the estimated total for both processing and election costs range from $323,250 for a 25 unit development to $470,250 for a 50 unit development. If the project is denied then all of these costs are lost by the private sector. Assuming the project is approved, the election costs, which range from about 37 percent to 43 percent of the total, would add an estimated $3,510 to $5,570 per unit of direct costs to the final price. Also, as presented in Table 2-2, the estimated total for both processing and election costs range from $370,125 for a 25,000 square foot commercial development to $564,000 for a 50,000 square foot commercial development. Again, if the project is denied then all of these costs are lost by the private sector. Under project approval, the election costs, which range from about 37 percent to 42 percent of the total, would add an estimated $4.14 to $6.20 per square foot of direct costs to the final price. The above private sector costs do not include potential litigation costs for those project proponents that choose to take their situation to court. In reality, the potential of significant legal costs alone would probably deter most developers. Public Sector Costs. Table 2-3 presents estimated public sector costs ranging from about $485,000 to $690,000. These are new costs which the City is estimated to incur under the proposed initiative. This is the case because even actions taken by the City to update the General Plan will be subject to a popular vote. Additionally, the City is required under the ON TABLE 2-2 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS SUMMARY OF POTENTIAL PRIVATE SECTOR COSTS Basic Processing Costs Potential Election Costs Total Potential Election Costs as a Percent of Total Source: Stanley R. Hoffman Associates Inc. Residential ,Units Non-residential SF 25 50 25,000 50,000 $184,000 $294,750 $215,250 $357,250 $139,250 $175,500 $154,875 $206,750 $323,250 $470,250 $370,125 $564,000 43.1% 37.3% 41.8% 36.7% 7 TABLE 2-3 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS SUMMARY OF POTENTIAL PUBLIC SECTOR COSTS 6 Months 1 1 -2 Years Processing of New Zoning Ordinance' $200,000 $100,000 Potential Litigation $150,000 $450,000 City initiated change to the General Plan $135.000 $140.000 _ Total $485,000 $690,000 Notes: 1. Assumes increased costs estimated for more rapid processing of zoning ordinance during 6 month period. 2. Litigation costs are estimated at $150,000 per case based on recent City experience. In the 1-2 year timeframe 3 cases have been assumed at $150,000 per case. Source: Stanley R. Hoffman Associates, Inc. 8 initiative to update the zoning ordinance and other land use regulations in 180 days. Because this is an extremely short time to process a zoning ordinance, additional costs are assumed to expedite this process. Additionally, the City would probably be faced with potential litigation costs for those developers deciding to litigate that the vote was an illegal taking of property rights. Recently, the City was involved in a law suit related to the denial of a tentative tract map and their legal costs were about $150,000. 2.3 Recurring Fiscal Impacts The projected Citywide fiscal impacts under the current General Plan and the two scenarios are presented in Table 2-4. The analysis is first presented for the incremental effect. of the future development and second, for the cumulative effect when combined with the estimated base year budget for the City. Current Fiscal Conditions. During the next fiscal year, 1996-97, the City will lose about $917,00 of its current State subventions for Motor Vehicle License Fees and Gasoline Taxes based on the "three times registered voters" population of 74,115. Subsequent subventions will be allocated on the basis of actual population which is estimated at about 56,000 for the next fiscal year. The January 1, 1995 population estimate is currently estimated at 55,284 by the State of California Department of Finance. Without any changes in service levels or increases in Citywide taxes, this estimated loss in State subventions shifts the City General Fund budget from a current estimated surplus of $396,430 to an estimated deficit of $364,682. Additionally, a portion of this loss in gasoline taxes, or about $158,500, will be experienced as a loss in capital spending for transportation infrastructure under current City budget allocations. Fiscal Impacts of Incremental Development. As presented in Table 2-4, the projected annual net recurring fiscal surplus under the current General Plan is significantly higher at $569,100 than $81,980 under the full impact scenario and $127,139 under the partial 9 TABLE 2-4 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS SUMMARY OF GENERAL FUND FISCAL IMPACTS (In Constant 1995 Dollars) — Proposed Initiative — Current Full Partial General PlanImpact' Impact= Incremental Analysis Recurring Revenues $1,334,143 $265,273 $449,072 Recurring Costs $765,043 $183,293 $321,933 Net Surplus/Deficit $569,100 $81,980 $127,139 Recurring Revenue/Cost Ratio 1.74 1.45 1.39 Cumulative Analysis Recurring Revenues $10,689,681 $9,620,811 $9,804,610 Recurring.Costs $10,326,763 $9,745,013 $9,883,653 Net Surplus/Deficit $362,918 ($124,203) ($79,043) Recurring Revenue/Cost Ratio 1.04 0.99 0.99 Notes: 1. This represents buildout of the General Plan land uses, some projects may already be built, under construction or proceeding with entitlement processing. 2. Land uses under these aRemative represent varying degrees of development assuming that the initiative were to pass. Source: Stanley R. Hoffman Associates, Inc. impact scenario. This difference, which is largely driven by the lesser amount of assumed commercial retail development under the alternative scenarios, ranges from about $441,961 to $487,120 on an annual basis. Fiscal Impacts of Cumulative Development. Also, as presented in Table 2-4, the projected annual net recurring surplus for cumulative development is about $362,918 under the current General Plan. Cumulative development assumes that the incremental fiscal impacts are added to the base year budget which has been adjusted after the estimated State subvention loss. Under the full and partial impact scenarios, the projected annual deficit ranges from about $79,043 to $124,203 assuming current service standards and revenue generation for the City. Additionally, no surplus would be available for reserves. 2.4 . Survey of Local Builders and Developers While the number of active builders and developers in Diamond Bar is not extensive, an attempt was made to interview those that were processing in the City regarding their typical project costs and their perceived impact of the proposed initiative both on their project and on development, in general. Four private entities were contacted and while this is a relatively small sample, it was no surprise to find that their reaction was universally that the proposed initiative would have a strong dampening effect on development in the C ity. Some felt that this would further add to their difficulties in processing in the City where some projects have already faced a lengthy and costly approval process. A concern that was expressed by one builder regarding the prospect of taking projects to a popular vote was that project opponents are not generally held accountable as are the project proponents and City staff and officials. They felt that rhetoric would be more prevalent than a dispassionate discussion of the merits of each project. 2.5 Economic Implications While economic implications of the proposed initiative are speculative and based on economic analysis and local interviews, recent behavior by a major retail developer on the It western border of the City of Redlands does suggest how developers in Diamond Bar might also react. In response to the recently proposed Growth Initiative in Redlands, which was defeated at the polls last November, the developer whose property was in the City's sphere of influence but on unincorporated land, decided to cease processing in the City of Redlands and switch to processsing in the County of San Bernardino. The project is currently processing in the County instead of annexing to the City. While the project may eventually annex, the City of Redlands will lose processing and capital impact fees and resultant sales taxes for at least several years, a portion of which will be generated by the residents of Redlands without commensurate benefits. Analysis of the proposed initiative for the City of Diamond Bar suggests the following economic implications: ■ Initiative acts to potentially constrain economic development in the City as perceived by developers and builders who see initiative as cost prohibitive and placing substantial monetary investment at risk. ■ Loss of development in the City could have a significant fiscal impact on the City's General Fund and place the City in a position to either cut back or defer public services due to lack of funding or request increase in local taxes for selected services through a popular vote. ■ Significant added costs of special elections, campaign costs, holding costs and potential litigation costs would likely deter prospective developers to the City. This could drive potential new development, particularly commercial development, to locate in adjacent cities. ■ Although the City of Diamond Bar would likely still suffer from increased regional traffic and other impacts, the loss in potential economic development would constain the fiscal flexibility of the City to respond to both regional and local public service issues. The end result is that the City incurs cost impacts with only minimal public revenue potential. ■ The increased cost of processing, election and potential litigation costs under the proposed initiative adds further costs to the General Fund, again with decreased revenue raising flexibility. Raising taxes through such mechanisms as special taxes, user charges and parcel charges are not generally viewed as popular. 12 ■ Additional price impacts on both residential and non-residential projects are estimated due to the increased costs of elections and campaign costs. If legal challenges are made, this would add further costs to the final product. Regular elections are not that frequent with two elections scheduled during 1996, one in 1997 and the next regularly scheduled election in 1999. ■ Some projects have sought to subdivide in order to remain viable for financing purposes, particularly existing projects. Sometimes they find it advantageous to sell all or a part of the project rather than continuing to lease. The proposed initiative would act to constrain this type of market activity because of the increased cost risk, thus reducing market flexibility and some potential development opportunities. ■ Also, the proposed initiative may serve to encourage more higher density housing, particularly where subdividing into single family lots, which would require a popular vote, is perceived as more risky than processing an apartment project on an unsubdivided parcel and not assumed to require an election. ■ Essentially, developers and builders will seek to reduce their costs by proceeding with options that minimize their risk to capital, which may not result in the most advantageous or fiscally sound option for the City; similarly, the City under a potentially constrained fiscal picture will also act to reduce their costs under the assumption that revenue raising options are generally limited. 13 CHAPTER 3 LAND USE ALTERNATIVES This chapter presents an overview of the three land use alternatives which have been analyzed in terms of fiscal effects to the City's General Fund. The alternatives are based on discussions with local builders and developers and with the staff of the Community Development Department (CDD) of the City of Diamond Bar. Analysis of land uses assume buildout and for purposes of this analysis no phasing is presented. 3.1 Current General Plan: Potential Development This alternative represents buildout of the remaining land uses as presented in the current General Plan. These uses include projects which have recently been completed, are currently under construction or are currently processing entitlement in the City or are allowable under the General Plan. Residential Development. As shown in Table 3-1, a total of 1,115 new residential dwelling units are proposed. Based on discussion with staff of the CDD, an estimated 186 units are proposed for single family detached in the area of the City known as "The Country" an exclusive area of large gate -guarded homes. An additional 623 dwelling units are proposed for areas such as Tres Hermanos (Planning Area 1), the area around Steep Canyon (Planning Area 2) as well as other vacant sites in the City planned for single family detached residential. An estimated 200 units are proposed for various scattered parcels as well as individual pads in the City. The remaining 306 units are proposed single family attached product and could include some apartments. Of the 306 attached units it is estimated that 86 of the units are either recently completed or under construction. Non-residential Development. Also shown in Table 3-1 are the proposed non-residential lands uses in the City. A total of 1;550,000 square feet of non-residential land used have been identified in the City. The area with the largest non-residential square footage potential is in the Gateway Corporate Center with some 626.0 thousand square feet, of which 605.1 thousand is proposed for office uses. 14 TABLE 3-1 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS CURRENT GENERAL PLAN: POTENTIAL DEVELOPMENT' Residential Uses The Country 20.0 13 PotentialPotentiallyHousing VTM 51169 Yes 0.35 80.0 53 SFD VTM 46485 Affected Location Acres Units T P Status initiative The Country 20.0 13 SFD VTM 51169 Yes 0.35 80.0 53 SFD VTM 46485 Yes Location 57.0 48 SFD Under Construction No Future Spec. Plan 20.0 15 SFD VTM 48487 Yes Yes 73.0 57 SFD VTM 47850 Yes Tres Hermance (Planning Area 1) 800.0 160 SFD Specific Plan Yes Steep Canyon Road (Planning Area 2) 400.0 130 SFD Specific Plan Yes Cove Place and Highcrest Drive 16.0 22 SFD Future SFDs No Grand Avenue 12.0 54 SFA Complete No Tonto Lane 2.5 32 SFA Under construction No Brea Canyon Road 45.0 90 SFD VTM 32400 Yes Shepard Hills Road 7.0 21 SFD TTM 51253 Yes Diamond Bar Boulevard N/A 22Q SFA Future Yes Subtotal 915 Infill: Scattered Parcels' N/A 150 SFD Futuro Infill Yes Infill: Scattered Lots= N/A 5Q SFD Future Infill No Subtotal 200 Total Dwelling Units 1,115 Nen-residential Uses . Grand and Golden Songs (Planning Area 3) Retail Prof./Medical Office Tres Hermance (Planning Area 1)' Retail Office Other Gataymy Office Restaurant Miscellaneous Retail/4 Office/4 Business Park Total Square Feet 15.0 Estimated 156,816 Future Yes Potentially 0.35 Net Future Square 6.0 Affected Location Acres FAR Feet Project Status by Initiative Grand and Golden Songs (Planning Area 3) Retail Prof./Medical Office Tres Hermance (Planning Area 1)' Retail Office Other Gataymy Office Restaurant Miscellaneous Retail/4 Office/4 Business Park Total Square Feet 15.0 0.24 156,816 Future Yes 20.0 0.35 304,920 Future Yes 6.0 0.24 62,726 Future Spec, Plan Yes 4.0 0.35 60,984 Future Spec. Plan Yes 315.0 N/A N/A Future Spec. Plan Yes 34.7 0.40 605,107 Future Partially 2.0 0.24 20,909 Future Yes N/A N/A 75,000 Infill development Partially 5.0 0.25 54,450 Infill development No 12.0 0.40 209,068 Future Yes 1,550,000 Notes: 1. This represents buildout of the General Plan land uses, some projects listed may already be built, under construction or Proceeding wlfh entitlement processing. 2 This includes development on scattered parcels throughout the City some of wh ch are assumed to be affected by the proposed inttiative. 3. Non-residsatial assumptions are basad on discussion with the staff of the Community Development Department (CDD) and are basad on a 1992 Concept Plan prepared for the site. Actual daysloped land uses may differ. The land use designation of Other could include uses such as a golf course and reservoir and other recreational uses. 4. These retail and office uses include potential Mil development in the City and are estimated by CDD staff. Source: Stanley R. Hoffman Associates, Inc. City of Diamond Bar, Community Development Department V Other non-residential potential in the City includes an estimated 156.8 thousand square feet of retail near the intersection of Grand and Golden Springs along with 304.9 thousand square feet of office. The Tres Hermanos area has the estimated potential for about 123.7 thousand square feet based on a 1992 Concept Plan prepared for the site. Land uses for this site are based on characteristics of the Concept Plan but could vary as the planning process for this area proceeds. Other non-residential development includes an estimated 75.0 thousand square feet of new retail development and 54.5 thousand square feet of office on scattered infill sites throughout the City. Business park uses are estimated at about 209.1 thousand square feet. 3.2 Proposed Initiative: Full Impact The land uses presented in this section assume buildout of those land uses that would not be affected by the proposed growth initiative and assumes that processing of the uses will not require a vote of the citizens of the City of Diamond Bar in order to develop. Derivation of the land uses for this alternative are based on discussions with local developers and the CDD staff of the City. Residential. As shown in Table 3-2, a total of 206 dwelling units are assumed to be built under this alternative. These are comprised of 86 single family attached units which are currently under construction or recently completed. The remaining 120 units include 48 units in "The Country" which are under construction and 72 single family detached units of which the lots are estimated to already be subdivided. Non-residential. Table 3-2 also presents the non-residential lands uses in the City under full impact of the proposed initiative. A total of 481.4 thousand square feet of non- residential land used have been identified and include 395.8 thousand square feet of office and about 20.1 thousand square feet of restaurant uses in the Gateway Corporate Center. Remaining non-residential uses include 37.5 thousand square feet of retail and 27.2 thousand square feet of office estimated to develop on the infill parcels. V TABLE 3-2 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS PROPOSED INITIATIVE: FULL IMPACT' Residential Uses Location Acres Units Potential Housing Type Project Status Potentially Affected by Initiative The Country 57 48 SFD Under construction No Cove Place and Highcrest Drive 16.0 22 SFD Future SFDs No Grand Avenue 12 54 SFA Complete No Torito Lane 2.5 32 SFA Under construction No Infill: Scattered Lots' NIA SFD Future Infill No Total Dwelling Units 206 Non-residential Uses Gatewa Potentially 22.7 0.40 395,788 Future Square Restaurant Affected Location Acres FAR Feet Project Status by Initiative Gatewa Office' 22.7 0.40 395,788 Future No Restaurant 2.0 0.24 20,909 Future No Miscellaneous/4 Retail N/A N/A 37,500 Infill development No Office N/A N/A 27,225 Infill development No Total Square Feet 481,421 Notes: 1. Land uses under this aftemative include only those assumed not to be affected by the initiative if it were to pass. 2. This includes development of residential lots in the City which are estimated to already have been subdivided. 3. For this alternative only an estimated 22.7 acres of Gateway Center office uses are assumed to develop. 4. For this alemative an estimated 50% of the infill retail and office is assumed to develop. Source: Stanley R. Hoffman Associates, Inc. City of Diamond Bar, Community Development Department 17 3.3 Proposed Initiative: Partial Impact The land uses presented in this section assume a somewhat lesser degree of restricted development of land uses than that of the Full Impact analysis. Incremental land uses under this alternative assume that those projects that have a vesting tentative map status will not be affected by the initiative and will be allowed to develop although the initiative specifies that they must have final vesting approval. Residential. As shown in Table 3-3, an estimated 434 dwelling units could be built under this alternative. It is assumed that several projects in "The Country" which have vesting tentative map status would be allowed to develop, about 186 units. An additional 162 single family detached units are assumed and include those that have subdivided lots or a vesting tentative map. The single family attached units include those that are either completed or are under construction. Non-residential. Included in Table 3-3 are the non-residential lands uses in the City assumed under partial impact of the proposed initiative. A total of 690.7 thousand square feet of non-residential land used have been identified and include full buildout of the Gateway Corporate Center with an estimated 605.1 thousand square feet of office and about 20.1 thousand square feet of restaurant uses. Remaining non-residential uses include 37.5 thousand square feet of retail and 27.2 thousand square feet of office estimated to develop on infill parcels located in the City, primarily on Diamond Bar Boulevard. IN TABLE 3-3 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS PROPOSED INTIATIVE: PARTIAL IMPACT' Residential Uses .Potential Potentially I Housing Affected Location Acres Units Type Project Status by Initiative The Country 20.0 13 SFD VTM 51169 No 80.0 53 SFD VTM 46485 No 57.0 48 SFD Under Construction No 20.0 15 SFD VTM 48487 No 73.0 57 SFD VTM 47850 No Cove Place and Highcrest Drive 16.0 22 SFD Under Construction No Grand Avenue 12.0 54 SFA Complete No Tonto Lane 2.5 32 SFA Under construction No Brea Canyon Road 45.0 $Q SFD V`fM 32400 No Subtotal 384 Infill: Scattered Lots' NIA 50 SFD Future Infill No Total Dwelling Units 434 Non-residential Uses Potentially Square Affected Location Acres FAR Feet Project Status bV Initiative Gateway Office' 34.7 0.40 605,107 Future No Restaurant 2.0 0.24 20,909 Future No Miscellaneous/4 Retail N/A N/A 37,500 Infill development No Office N/A N/A 27,225 Infill development No Total Square Feet 690,741 Notes: 1. Land uses under this alternative include development projects with vesting tentative map status. 2. This includes development or residential lots in the City which are estimated to already have been subdivided. 3. For this alternative all of the Gateway Center office uses are assumed to fully develop. 4. For this alemative an estimated 50% of the infill retail and office uses are assumed to develop. Source: Stanley R. Hoffman Associates, Inc. City of Diamond Bar, Community Development Department 19 CHAPTER 4 POTENTIAL ONE-TIME COST EFFECTS OF BALLOT INITIATIVE This chapter is an overview of potential costs that either the private sector or the public sector, and in some cases both, would incur in order to process entitlement or to seek changes in land use in the City of Diamond Bar assuming that the growth initiative were to pass. 4.1 Private Sector Costs Private sector costs relate to those costs a developer would have to bear in order to process a development project in the City, Assumptions are based on discussions with local builders and City staff. For purposes of this analysis, these costs have been divided into the categories of Basic Processing Costs and Potential Election Costs. Table 4-1 is an illustrative example of processing costs for prototypical residential and non-residential uses. For purposes of this analysis no actual dollar figure of potential litigation costs for the private sector have been estimated. Residential. Under the residential portion, two development scenarios are presented. One scenario is for development of 25 single family detached units and the other is for development of 50 single family detached units. Density and valuation per lot are assumed to be same for both, 4 units per acre and $25.0 thousand per lot, respectively. As shown in Table 4-1, the total costs for basic processing and a potential election are estimated at $323.3 thousand for 25 units, or $12.9 thousand per unit and $470.3 thousand for 50 units, or about $9.4 thousand per unit. Basic processing costs, which the developer would incur with or without passage of the initiative are estimated at $184.0 thousand for the 25 units and $294.7 thousand for the 50 units. This cost includes the components of processing fees based on the City's current fee schedule for planning costs, an environmental impact report (EIR), other necessary consultants and holding costs. The range of these costs can vary depending on project characteristics and other special issues. Holding costs are projected at 10.0 20 TABLE 4-1 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS POTENTIAL PRIVATE SECTOR COSTS Private Sector Residential $73,000 Non-residential Number of Units/Square Feet: 25 50 25,000 50,000 Estimated Land Valuation per lot1square foot: $25,000 $25,000 $9.00 $9.00 Average Density/FAR per acre: 4.0 4.0 0.24 0.24 Basic Processing Costs Processing fees $31,500 $47,250 $31,500 $47,250 Environmental Impact Report 75,000 100,000 75,000 100,000 Other consultants 15,000 22,500 15,000 22,500 Holding costs - 1 year' 62.500 125.000 93.750 187.500 Subtotal $184,000 $294,750 $215,250 $357,250 Potential Special election' $73,000 $73,000 $73,000 $73,000 Campaign costs 15,000 20,000 15,000 20,000 Election pamphlet 20,000 20,000 20,000 20,000 Holding costs - 6 months' 31.250 62.500 46.875 93.750 Subtotal $139,250 $175,500 $154,875 $206,750 Total' $323,250 $470,250 $370,125 $564,000 Election Costs as a Percent of Total Costs 43.1% 37.3% 41.8% 36.7% Notes: 1. Annual holding costs are projected at 10.0 percent of estimated land value. Holding casts are comprised of financing, property taxes, insurance, maintenance and other miscellaneous costs. 2. Costs for a special election are based on an estimate from Martin & Chapman Co., the City's election consultant. 3. Does not include potential litigation costs that would be incurred by the project proponent. Sources: Stanley R. Hoffman Associates, Inc. Martin & Chapman Co. 21 percent of the estimated lot value and are comprised of financing, property taxes, insurance, maintenance and other miscellaneous costs. Potential election costs include the categories of special elections, campaign costs. election pamphlets and additional holding costs. Costs for special elections are based on estimated City data and information provided by their campaign consultant. Pamphlet costs represent an estimated amount for flyers, the production, public relations and mailing costs to describe and promote the project by the private sector. These total election costs are estimated to range from $139.3 for 25 units and $175.5 thousand for 50 units. Non-residential. Table 4-1 also presents processing and election costs assuming development of a prototypical development of a 25,000 commercial center and a 50,000 square foot commercial center. Under the assumptions presented in this analysis, land valuation is estimated at $9.00 per square foot and the FAR is estimated at 0.24. Total private sector costs under these assumptions are estimated at some $370.1 thousand for the 25,000 square foot center and about $564.0 thousand for the 50,000 square foot center. This is an average cost of about $14.80 per building square foot for the 25,000 square foot center and about $11.28 per square foot for the 50,000 square foot center. Basic processing costs, estimated to be incurred by the developer are estimated at $215.3 thousand for the 25,000 square foot center and $357.3 thousand for the 50,000 square foot center. Cost components under this category include processing fees, an environmental impact report (EIR), other necessary consultants and holding costs. Potential election costs include the categories of special elections, campaign costs. election pamphlets and additional holding costs. Potential election costs are estimated to range from $154.9 thousand for 25,000 square feet to $206.8 thousand for 50,000 square feet. 22 4.2 Public Sector Costs Table 4-2 illustrates the potential public sector costs that are assumed to occur if the initiative were to pass. These costs would be incurred under situations whereby a general plan amendment is initiated by the City, therefore subject to a vote of the people. Processing of a new zoning ordinance to bring the zoning code in compliance with the General Plan proposed under the initiative is estimated at a cost of $100.0 thousand if done over a period of 1 to 2 years. If the zoning ordinance were to be in compliance within 6 months, as required under the initiative, a cost of $200.0 thousand is estimated based on expedited procedures. These costs are based on information from the staff of the CDD of the City of Diamond Bar. Other factors could include litigation costs that the City would incur in relation to the developers that could decide to litigate, assuming that the vote was contested as an illegal taking of property rights. As shown in Table 4-2, costs for this category are estimated at $150.0 thousand over the period of six months and $450.0 for a period of 1 to 2 years. This cost figure litigation is based on a recent law suit in the City related to denial of a tentative tract map. In addition to processing of a new zoning ordinance and potential litigation, other costs include those related to any City initiated change to the General Plan. These include the costs of the General Plan Amendment processing, a special election, campaign and pamphlet costs. 23 TABLE 4-2 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS POTENTIAL PUBLIC SECTOR COSTS Public Sector 6 Months 1 - 2 Years Processing of New Zoning Ordinance' $200,000 $100,000 Potential Litigation $150,000 $450,000 City, initiated change to the General Plan Processing General Plan Amendment $50,000 $50,000 Special election 50,000 50,000 Campaign costs 15,000 20,000 Election pamphlet 20.000 20.000 Subtotal $135,000 $140,000 Total $485,000 $690,000 Notes: 1. Assumes increased costs estimated for more rapid processing of zoning ordinance during 6 month period. 2. Litigation costs are estimated at $150,000 per case based on recent City experience. In the 1-2 year timeframe 3 cases have been assumed at $150,000 per case. Sources: Stanley R. Hoffman Associates, Inc. City of Diamond Bar 24 CHAPTER 5 POTENTIAL RECURRING FISCAL IMPACTS This chapter presents the fiscal impacts on the City of Diamond Bar operating budget for each of the three land use alternatives presented in Chapter 3. Also included in this chapter is an overview of the existing budget trends that the City is now experiencing and in the near future. 5.1 Operating Budget This section presents the derivation of the Adjusted Operating Budget for Fiscal Year 1997-98. This fiscal year was chosen because the impacts as a result of the loss in State Subvention revenues allocated to the City will be in effect. Currently, state subventions are allocated on a per capita basis using a factor of 3 times registered voters, estimated at 74,115. Beginning in Fiscal Year 1997-98, the allocation of state subventions will be based on actual population, estimated to be about 56,000. As shown in Table 5-1, this results in an estimated loss of revenues of about $919.8 thousand The estimated loss is comprised of a decrease in Motor Vehicle License Fees of about $602.6 thousand and a decrease in State gasoline taxes of about $317.2 thousand. Table 5-2 presents the derivation of the operating budget for fiscal year 1997-98. As shown, there is a projected net recurring deficit of about $364.7 thousand. This deficit is based on projected revenues of $9.20 million and projected recurring costs of $9.56 million. Adjustments to the current 1995-96 budget include the loss of motor vehicle license fees and the loss of 50.0 percent of state gasoline taxes allocated to the General Fund for operations and maintenance of streets and roads within the City of Diamond Bar. 5.2 Cumulative Budget Impacts This section presents the cumulative fiscal impacts for the current General Plan, the proposed initiative assuming a full and partial impact on land uses. The results in this 25 Motor Vehicle License Fees State Gasoline Taxes Section 2105 Section 2106 Section 2107 Subtotal Total TABLE 5-1 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS ESTIMATED LOSS OF STATE SUBVENTIONS Current Estimated Amount' $2,450,000 1997 56,000 $5.73 $320,717 $103,746 Estimated Per Capita 66,561 Population Amout Amount 56,000 $32.99 $1,847,388 Estimated Revenue Loss $602,612 $424,463 56,000 $5.73 $320,717 $103,746 272,323 56,000 $3.67 205,763 66,561 601.039 56,000 $8.11 454.135 146.904 $1,297,826 $980,614 $317,211 $3,747,826 $2,828,002 $919,823 Notes. 1. Based on City of Diamond Bar Annual Budget, Fiscal Year 1995-96. Source: Stanley R. Hoffman Associates, Inc. California State Controller 26 TABLE 5-2 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS DERIVATION OF OPERATING BUDGET Recurring Revenues Property Tax Sales Tax Transient Occupancy Tax Franchise Fees Property Transfer Tax Fines and Penalties Motor Vehicle License Fees' Other State Subventions Current Service Charges Building Fees Planning Fees Engineering Fees Other Revenues Recreation Revenues -interest Transfer -in: State Gas Tax2 Transfer -in: Traffic Safety Transfer -in: Other Funds Reserve Balance Total Recurring Costs Public Works/Engineering Park Maintenance Public Safety Police Protection Animal Control and Other Planning Building and Safety Recreation General Government Transfer -out: Other Funds Total Net Surplus/(Deficit) Current $0 Adjusted General Fund 0 Operating Budget 1995-96 Adjustments 1997-98 $1,950,000 $0 $1,950,000 2,100,000 0 2,100,000 200,000 0 200,000 650,000 0 650,000 100,000 0 100,000 161,500 0 161,500 2,450,000 (602,612) 1,847,388 27,500 0 27,500 304,000 0 304,000 66,700 0 66,700 174,000 0 174,000 37,700 0 37,700 460,100 0 460,100 300,000 0 300,000 606,150 (158,500) 447,650 70,500 0 70,500 19,000 0 19,000 281.404 Q 281,000 $9,958,150 ($761,112) $9,197,038 $1,077,375 $0 $1,077,375 271,475 0 271,475 3,914,700 0 3,914,700 103,030 0 103,030 505,350 0 505,350 200,000 0 200,000 1,282,380 0 1,282,380 1,766,410 0 1,766,410 441.000 Q 441.000 $9,561,720 $0 $9,561,720 $396,430 ($364,682) Notes: 1. Estimated loss in state subventions from motor vehicle license fees beginning in FY 1997-98 2. This represents the amount allocated to the General Fund from the Gas Tax Fund for streets related maintenance, about 50 percent. State subventions from gas taxes to the City will be based on actual population beginning in FYI 997-98 and are expected to decrease. Source: Stanley R. Hoffman Associates, Inc. City of Diamond Bar, Annual Budget, Fiscal Year 1995-96 27 section include the fiscal effects of incremental new land uses which are then added to the adjusted operating budget for fiscal year 1997-98 as described previously in Section 5.1 and presented in Table 5-2. Current General Plan. Under buildout of the current General Plan, the City of Diamond Bar is projected to have a net recurring surplus of about $362.9 thousand. As shown in Table 5-3, this surplus is based on projected revenues of $10.7 million and projected recurring costs of $10.3 million. The recurring revenue/cost ratio is estimated at about 1.04. The three largest revenue components under this alternative are sales tax, property tax and motor vehicle license fees. Approximately 41.4 percent of the costs are for police protection services. Other major cost components include general government, recreation and the category of public works/engineering. Proposed Initiative: Full Impact. For this alternative, the City of Diamond Bar is projected to have a net recurring deficit of about $124.2 thousand. This surplus is based on projected revenues of $9.6 million and projected recurring costs of $9.7 million. The recurring revenue/cost ratio is estimated at about 0.99. As with the current General Plan alternative, the three largest revenue components under this alternative are sales tax, property tax and motor vehicle license fees. Sales tax revenues for this alternative are about $547.2 thousand less than the current General Plan alternative. Police protection services accounting for an estimated 41.1 percent of the operating costs. Proposed Initiative: Partial Impact For the partial impact alternative, cumulative recurring revenues are projected at $9.8 million and cumulative recurring costs are projected at $9.9 million, resulting in a net recurring deficit of about $79.0 thousand. The recurring revenue/cost ratio is estimated at about 0.99, similar to the full impact alternative. Sales tax revenues for this alternative are about $533.4 thousand less than the current General Plan alternative and revenues from motor vehicle license fees are about $69.7 thousand less. 28 TABLE 5-3 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS CUMULATIVE GENERAL FUND RECURRING REVENUES AND COSTS CURRENT GENERAL PLAN AND PROPOSED INITIATIVE (In Constant 1995 Dollars) Recurring Costs - Proposed Initiative - Current Full Partial $1,119,568 General Plan Impact' Impact= Recurring Revenues Public Safety PropertyTax $2,284,011 $2,026,851 $2,129,381 Sales Tax 2,761,787 2,214,560 2,228,375 Transient Occupancy Tax 200,000 200,000 200,000 Franchise Fees 724,717 671,551 685,135 Property Transfer Tax 124,823 105,402 113,590 Fines and Penalties 176,097 165,324 168,061 Motor Vehicle License Fees 1,961,431 1,868,468 1,891,758 Other State Subventions 27,500 27,500 27,500 Current Service Charges Net Surplus/(Deficit) $362,918 ($124,203) Building Fees 304,000 304,000 304,000 Planning Fees 66,700 66,700 66,700 Engineering Fees 174,000 174,000 174,000 Other Revenues' 39,982 38,122 38,588 Recreation Revenues 488,828 465,410 471,277 Interest 338,026 307,545 312,710 Transfer -in: State Gas Tax 636,418 611,745 617,926 Transfer -in: Traffic Safety 81,363 73,633 75,608 Transfer -in: Other Funds 19,000 19,000 19,000 Reserve Balance 281,000 281,000 281,000 Total $10,689,681 $9,620,811 $9,804,610 Recurring Costs Public Works/Engineering $1,186,512 $1,106,458 $1,119,568 Park Maintenance 374,839 290,581 311,691 Public Safety Police Protection 4,276,830 4,008,295 4,076,482 Animal control and other 108,216 103,989 105,048 Planning 505,350 505,350 505,350 Building and Safety 200,000 200,000 200,000 Recreation 1,336,067 1,292, 304 1,303,268 General Government 1,897,948 1,797,037 1,821,247 Transfer -out Other Funds 441,000 441,000 441,000 Total $10,326,763 $9,745,013 $9,883,653 Net Surplus/(Deficit) $362,918 ($124,203) ($79,043) Recurring Revenue/Cost Ratio 1.04 0.99 0.99 Notes: 1. Represents the fiscal affect of incremental General Plan land uses with the City of Diamond Bar Adjusted Operating Budget for FY 1997-98 as presented in Table 5-2. 2. Represents the fiscal effect of incremental land uses with the City of Diamond Bar 1995-96 Annual Budget Assuming passage of the initiative. Source: Stanley R. Hoffman Associates, Inc. 29 5.3 Incremental Budget Impacts Table 5-4 shows incremental budget impacts related to future growth. Incremental impacts do not include existing revenues and costs related to existing development. In terms of net revenue, the current General Plan land uses yield the largest surplus at $569.1 thousand, followed by the partial impact scenario at $127.1 thousand. The full impact scenario yields the smallest recurring surplus --$82.0 thousand. Current General Plan. With ultimate build out according to the current General Plan, a net recurring surplus of about $569.1 thousand is projected, based on recurring revenues of $1.33 million and recurring costs of $765.0 thousand. Sale tax revenue accounts for 49.6 percent of total incremental revenue. Property tax revenue, at $334.0 thousand, accounts for another 25.0 percent of incremental revenue. Police protection is the largest cost category, at $362.1 thousand and 47.3 percent of total recurring costs. The revenue/cost ratio for incremental budget impacts (1.74) is substantially higher than for the cumulative impact (1.04), due to advantages of adding new development after most City services are already in place. Proposed Initiative: Full Impact. Under the full impact of the proposed initiative, the incremental budget impact is projected to be a recurring surplus of about $82.0 thousand. This incremental surplus is about 15 percent of the surplus achieved under build out of the current General Plan land uses. Sales taxes are projected to be about $114.6 thousand, substantially lower than under the current General Plan. The revenue/cost ratio is also lower, indicating a relatively greater reduction in revenue than costs from the current General Plan scenario. Proposed Initiative: Partial Impact. Assuming a partial impact of the proposed initiative, the incremental net surplus is projected at about $127.1 thousand. This scenario receives about $13.8 thousand more in sales tax than the Full Impact scenario, but is still significantly lower than the current General Plan scenario at $661.8 thousand. Total recurring revenue is projected at $449.1 thousand, about one-third of the current General TABLE 5-4 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS INCREMENTAL GENERAL FUND RECURRING REVENUES AND COSTS CURRENT GENERAL PLAN AND PROPOSED INITIATIVE (In Constant 1995 Dollars) - Proposed Initiative - Cument Full Partial General Plan' Impact' ImpacN Recurring Revenues Property Tax $334,011 $76,851 $179,381 Sales Tax 661,787 114,560 128,375 Transient Occupancy Tax - - - Franchise Fees 74,717 21,551 35,135 Property Transfer Tax 24,823 5,402 13,590 Fines and Penalties 14,597 3,824 6,561 Motor Vehicle license Fees 114,043 21,080 44,370 Other State Subventions - - - State Gasoline Taxes 30,268 5,595 11,776 Current Service Charges Building Fees - - - Planning Fees - - - Engineering Fees - - - Traffic Safety 10,863 3,133 5,108 Other Revenues 2,282 422 888 Recreation Revenues 28,728 5,310 11,177 Interest 38,026 7,545 12,710 Transfer -in Other Funds - - - Reserve Balance - - - Total $1,334,143 $265,273 $449,072 Recurring Costs Public Works/Engineering $109,137 $29,083 $42,193 Park Maintenance 103,364 19,106 40,216 Public Safety Police Protection 362,130 93,595 161,782 Animal control and other 5,186 959 2,018 Planning - - - Building and Safety - - - Recreation 53,687 9,924 20,888 General Government 131,538 30,627 54,837 Transfer -out Other Funds - - - Total $765,043 $183,293 $321,933 Net Surplus/(Deficit) $569,100 $81,979 $127,139 Recurring Revenue/Cost Ratio 1.74 1.45 1.39 Notes: 1. This represents buildout of the General Plan land uses, some projects may already be built, under construction or proceeding with entitlement processing. 2. Land uses under these alternative represent varying degrees of development assuming that the initietivs"vvere to pass. Source: Stanley R. Hoffman Associates, Inc. 31 Plan surplus. Recurring costs are projected at $321.9 thousand, of which about one-half is related to police protection.. 5.4 Impacts by Alternative and Land Use The following text table summarizes the net recurring fiscal impact by land uses under the current General Plan scenario and full and partial impacts of the proposed initiative. Under the current General Plan, commercial land uses generate about 97.2 percent of the recurring surplus, while residential, business park and golf contribute relatively small net shares. Office uses result in a slight deficit --about $3.1 thousand in this scenario. INCREMENTAL NET FISCAL IMPACT BY LAND USE Current General Plan Percent of total Proposed Initiative: Full Impact Percent of total Partial Impact Percent of total Business $5,928 $553,338 ($5,405) $10,125 $3,114 $569,100 1.0% 97.2% -1.0% 1.8% 0.5% 100.0% $2,823 $81,383 ($2,227) 3.4% 99.3% -2.7% $49,078 $81,383 $3,323 38.6% 64.0°% 2.6% Source: Stanley R. Hoffman Associates, Inc. $0 $0 $81,979 0.0% 0.0% 100.0% $0 $0 $127,139 0.0% 0.0% 100.0°% Under the full impact of the proposed initiative, commercial uses continue to generate the bulk of the surplus, with approximately 98.0 percent of total revenues. However, the net surplus is much smaller compared with the current General Plan. Residential uses contribute about $2.8 thousand to the annual recurring surplus, about 3.4 percent of the total incremental surplus. The partial impact scenario yields substantially increased net revenue related to residential land uses. This is due to a larger number of high valued dwelling units included in this scenario. With about $49.1 thousand in recurring revenues, residential land uses account for 38.6 percent of the projected incremental surplus. Commercial uses are estimated to remain unchanged from the full impact scenario, reflecting the same amount 31 of square footage. Office uses are slightly improved, generating a projected surplus of about $3.3 thousand per year, up from the recurring deficit of $1.2 thousand projected for office uses under the full impact scenario. Detailed revenue and cost projections for these scenarios are included in Table 5-5, Table 5-6 and Table 5-7. The relative fiscal impacts by land use show that the overall incremental impact is highly dependent upon the amount of commercial included in the development inventory. Additionally, the projections show that higher valued residential development results in positive fiscal impacts to the City. 33 TABLE 5-5 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS INCREMENTAL GENERAL FUND RECURRING REVENUES AND COSTS CURRENT GENERAL PLAN (In Constant 1995 Dollars) Recurring Costs Public works Residential Commercial Office Bus Park Golf Total Land Use Police Protection 209,626 19,131 124,369 8,459 546 Dwelling units 1,115 - - - - 1,115 Square feettgolf acres - 315,451 1,025,461 209,088 175 1,550,000 Recurring Revenues R,arks Maintenance 103,364 0 0 0 0 Property Tax $232,383 $18,516 $70,494 $9,242 $3,276 $334,011 Sales Tax 0 580,306 67,680 13,800. 0 661,787 Franchise Fees 30,434 5,555 36,113 2,456 158 74,717 Property Transfer Tax 19,663 945 3,579 469 166 24,823 Fines and Penalties 8,159 808 5,251 357 23 14,597 Motor Vehicle License Fees 114,043 0 0 0 0 114,043 State Gasoline Taxes 30,268 0 0 0 0 30,268 Traffic safety 4,425 808 5,251 357 23 10,863 Other Revenues 2,282 0 0 0 0 2,282 Recreation Revenues 28,728 0 0 0 0 28,728 Interest 13,201 18,369 5,548 798 110 38,026 Total Revenues $483,585 $625,407 $193,916 $27,479 $3,757 $1,334,143 36.2% 46.9% 14.5% 2.1% 0.3% 100.0% Recurring Costs Public works $17,578 $40,375 $44,906 $6,279 $0 109,137 Police Protection 209,626 19,131 124,369 8,459 546 362,130 Animal control 5,.186 0 0 0 0 5,186 Recreation 53,687 0 0 0 0 53,687 R,arks Maintenance 103,364 0 0 0 0 103,364 General Government 88,217 10,562 30,046 2,616 97 131,538 Total -Costs $477,658 $70,068 $199,321 $17,353 $643 $765,043 Percent of total 62.4% 9.2% 26.1% 2.3% 0.1% 100.0% Net Surplust(Deficit) $5,928 $555,338 ($5,405) $10,125 $3;114 $569,100 Recurring Revenue/Cost Ratio 1.01 8.93 0.97 1.58 5.85 1.74 Source: Stanley R. Hoffman Associates, Inc 34 TABLE 5.6 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS INCREMENTAL GENERAL T RECURRING WINE: FULL IMPACT AND COSTS PROPOSED IN (In Constant 1995 Dollars) 35 206 Land Use 206 - - _ 481,422 Dwelling units 58,409 423,013 Square feet/golf acres Recurring Revenues$29 $44,325 $3,447 ,080 $0 0 $0 0 $7611 1.14,560 property Tax 0 86,641 27,919 0 0 21,551 Sales Tax 5' 626 1,030 14,896 0 0 5,402 Franchise Fees 3,751 175 1,476 0 0 3,824 property Transfer Tax 1 508 150 2,166 0 21'080 Fines and Penalties 21,080 0 0 0 0 0 5,595 Motor Vehicle License Fees 5,595 0 0 0 3,133 State Gasoline Taxes 818 150 2,166 0 0 422 Traffic safety 422 0 0 0 5,310 Other Revenues 5,310 0 0 0 0 7,545 Recreation Revenues 2' 485 2,771 2,289 - - $265.273 Interest $90.919 $94,363 $ 79,991 $0 0.0% $0 0.0% 100.0% Total Revenues 34.3% 35.6% 30.2% Recurring Costs $3,083 $7,476 518,524 $0 $0 0 29,083 93,595 Public works 38,748 31547 51,300 0 0 0 959 Police Protection 959 p 0 0 0 9,924 Animal control 9'106 0 0 0 0 19'106 Recreation 19,106 0 0 0 0 30.� Parks Maintenance 16 277 1,957 12,394 - General Government ----- $0 $183,293 Total Costs $88, 096 $12.980 � 196 $82,2 18 44.9% 50 0.0% 0.0% 100.0% Percent of total 48.1% ... $2,823 $81,383 ($2,227) , $O $p .$81,979 Net Surplusl(Deficit) NA 1.45 Recurring Revenue/Cost Ratio 1.03 7.27 0.97 NA Source: Stanley R. Hoffman Associates, Inc. 35 TABLE 5-7 CITY OF DIAMOND BAR - GROWTH INITIATIVE ANALYSIS INCREMENTAL GENERAL FUND RECURRING REVENUES AND COSTS PROPOSED INITIATIVE: PARTIAL IMPACT (In Constant 1995 Dollars) esiden6a/ Commercial office Bus. Park Golf olal Land Use Dwelling units 434 - - - - 434 Square feetigolfacres - 58,409 632,332 - 690,741 Recurring Revenues Property Tax Sales Tax Franchise Fees Property Transfer Tax Fines and Penalties Motor Vehicle License Fees State Gasoline Taxes Traffic safety Other Revenues Recreation Revenues Interest Total Revenues Recurring Costs Public works Police Protection Animal control Recreation Parks Maintenance General Government Total Costs Percent of total Net Surplust(Deficit) Recurring Revenue/Cost Ratio Source: Stanley R. Hoffman Associates, Inc. $132,465 $3,447 $43,469 $0 $0 $179,381 0 86,641 41,734 0 0 128,375 11,841 1,030 22,264 0 0 35,135 11,209 175 2,207 0 0 13,590 3,174 150 3,237 0 0 6,561 44,370 0 0 0 0 44,370 11,776 0 0 0 0 11,776 1,722 150 3,237 0 0 5,108 888 0 0 0 0 888 11,177 0 0 0 0 11,177 6,518 2,771 3,421 0 0 12,710 $235,139 $94,363 $119,570 $0 $0 $449,072 52.4% 21.0% 26.6% 0.0% 0.0% 100.0% $7,027 $7,476 $27,690 $0 $0 42,193 81,558 3,547 76,677 0 0 161,782 2,018 0 0 0 0 2,018 20,888 0 0 0 0 20,888 40,216 0 0 0 0 40,216 34,356 1,957 18,525 0 0 54,837 $186,061 $1580 $122,892 $0 $0 $321,933 57.8% 4.0% 38.2% 0.0% 0.0% 100.0% $49,078 $81,383 ($3,323) $0 $0 $127,139 1.26 7.27 0.97 NA NA 1.39 36 0924_ N DIlt tl REVENUE AND COST FACTORS This chapter presents the methodology for projecting revenues and costs which accrue to the City of Diamond Bar. These factors have been derived through discussion with City staff and analysis of the 1995/96 annual budget. A.1 Market Factors This section provides an overview of the residential and non-residential valuation used in the fiscal analysis. Residential Valuation. Valuation for property tax purposes is on a per unit basis and is estimated as follows: • $1,000,000 - Hillside SFD • 350,000 - Low/medium SFD • 140,000 - Medium High/High SFA Non-residential Valuation. Non-residential valuation includes two components, secured and unsecured valuation. Valuation is estimated on a per square foot of land or per building square foot. Commercial valuation is estimated at $67 per building square foot, office at $87 per building square foot and industrial at $50 per building square foot. Overall land valuation for non-residential land uses is estimated at $6 per square foot of land. The unsecured valuation is $20 per square foot and is for furniture, furnishings and fixtures. A.2 Revenue Factors Revenues, include property tax, property transfer tax, sales and use tax, state subventions, franchise fees, business license tax, fines and forfeitures, miscellaneous revenues and interest on money and property. Table A-1 presents an overview of the revenue factors for the City. 37 N } Q Z Q LU aZ = Cr CLN LU � Q C7 Z m W O W 0 lx Q CL 38 B a ao • 02 W• �L � C � u W LL �pp LP Uf N m m< c u W m g E E m �ag 'g r U rls _U V A w -t E LA a a Baa 8 « E 4 aii a _ c • E $ a 'g E w 'Sa a T • p} a a �i w a o W e a�N�� E wiR u u� C7 ffi 'S U 'E LL u_ a .1 NC p � ,01 NN�a ,p3p QQQ8Q jry,2� � ppC� p� c "• Rig a •[EE LL {pi EE y C' u �� E• �� g i v uuuu `o:fii u u u u u W u u u W u u W u � �S E ��`m`m:E�tkEso� �i 0 O$ w w MIR a ya r a a a a aaaaaaa a aaa 9 a` �0. 2pN5 25 2i ri285 Q 25 QQ Q Q y� S c,� Q uiN�2b2pSp�$�7S�RpN HU Q O/ Of N� _gf2O5 Nl'1 �2p5fp25 OBD^ {{{�� N� �Ol YYl7Nn Y C4 �. N N N m v 7 Yl x r y T mW K a . U. evil () 6 ;<ya a y (•/� M LLL C y OOO � m 9 �fliz-E LL E ��`mo• �il� >;� • y r. YW >•mWm L< 3 Y C •a�UC9C9in �cN Ji�i �UUNa� JCL w �agmc�a>a�maW� M r �:1�mmmE O Q a r« N F N Q59 38 B a ao • 02 W• �L � C � u W LL �pp LP Uf N m m< c u W m g E E m �ag 'g r U rls _U V A w -t E LA a a Baa Property Taxes and Distributions Property Tax. The basic property tax levy in the City of Diamond Bar is one percent and is levied on the taxable value of secured and unsecured property. Secured property includes land and improvements while unsecured property consists of mainly trade fixtures and equipment. The average tax rate allocation of the basic 1.0 percent levy for the City General Fund is about 5.2 percent. Property Transfer Tax. This revenue source is comprised of a tax on the valuation amount of property when it is sold. Sales of real property are taxed by Los Angeles County at a rate of $1.10 per $1,000 of property value. This tax is shared equally by the City of Diamond Bar and the County of Los Angeles whereby the City of Diamond Bar receives $0.55 per $1,000 of valuation. This tax is assumed to be collected equally on sales of new homes as well as home resales and on transfers of non-residential property. It is assumed that residential development will change ownership at an average rate of 10.0 percent each year, or that each home changes hands on the average of once every ten years. Business park, office, and retail development are also assumed to change ownership once every 14 years. Sales Tax. Total sales tax revenues to the City of Diamond Bar are estimated at $2.1 million. Projection of new retail taxable sales are estimated at $200 per square foot for community commercial and $135 per square foot for neighborhood commercial. Non -retail sales tax from business park and office uses are estimated at $6.00 per square foot. This factor is based on non -retail taxable sales in the City of Diamond Bar as reported by the State Board of Equalization and the amount of non-residential square feet in the City. In addition to sales tax revenues, a use tax factor equal to about 10 percent is applied to the sales tax. Franchise Fees. The City of Diamond Bar collects a franchise fee from companies providing electricity, natural gas, refuse collection service, and cable television. The franchise fee is based on a percentage of gross receipts. Based on analysis of the City iZ of Diamond Bar and discussion with the Accounting Manager, franchise fees are estimated at $8.80 per capita and employee. This amount is derived by dividing the 1995/96 budget amount of $650.0 thousand by the City of Diamond Bar population and employment estimated at 73,833. This is comprised of an estimated population of 55,284 and employment of 18,549. Transient Occupancy Taxes. The transient occupancy tax is collected from hotel rooms. The fee is based on a percentage of hotel room receipts. The fee is estimated at 10.0 percent of total hotel room receipts. No additional hotels are planned under buildout of the General Plan and therefore no new transient occupancy taxes are projected in this analysis under any of the alternatives. Motor Vehicle In -lieu. Revenues for this category are estimated at $32.99 per capita and are based on the 1995/96 budget amount of $2.45 million and a population estimated at 3 times registered voters, estimated at 74,115. Beginning in fiscal year 1997-98, revenues will be allocated on actual population estimated at 56,000. The overall decrease in revenues from motor vehicle license fees is estimated at about $602.0 thousand. Fines and Forfeitures. Fines and forfeitures consist of several categories including General Fines, Parking Fines, Vehicle Impound Fees and False Alarm Fees. These fees are based on a per capita basis. The fees for general"fines is estimated at $0.18 per capita, $1.35 per capita and employee for parking fines, $0.36 per capita for vehicle impound fees, and $0.54 per capita for false alarm fees. Current Service Charges. Current service charges consist of four categories including building fees, planning fees, engineering fees, and recreation fees. For purposes of this analysis, Building, Planning and Engineering fees are assumed to be set to cover costs and therefore no new revenue projections are made for these categories. Recreation fees are projected on a per capita basis and are based on the following categories: 40 • Community Activities - $0.48 per capita • Senior Activities - $0.29 per capita • Athletics - $2.52 per capita • Fees Programs - $1.71 per capita • Contract Classes - $2.58 per capita • Special Event Fees - $0.72 per capita Rents and Concessions. Rents and concessions are based on a population basis at $0.54 per capita based on the current budget amount of $30.0 thousand and an estimated population of 55,284. Sale/Printed Materials. Revenue from Sale and Printed material is estimated at $0.12 per capita, which is derived from a total budget amount of $6.7 thousand divided by the total population of 55,284. Traffic Safety. Revenue from Traffic Safety do not flow directly to the General Fund, but rather are put into a special fund and then transferred into the General Fund. These revenues are projected as they are used primarily as an operating fund for traffic safety purposes and are projected at $0.95 per capita and employee. State Gasoline Taxes. This category includes revenues from sections 2105, 2106, 2107. Gasoline tax revenues are distributed on a per capita basis and are based on information from the 1995/96 Diamond Bar budget and the existing City population. The following are per capita estimates for gasoline taxes: Section Per Capita Amount 2105 $5.73 per capita 2106 $3.67 per capita 2107 $8.11 per capita As with motor vehicle licenses fees, revenues from state gasoline taxes since incorporation of the City have been allocated using the 3 times registered voters methodology. For fiscal year 1995-96, revenues from these sources are estimated at $1.26 million. Beginning in fiscal year 1997-98, revenues will be based on actual population estimated at 56,000. 41 This results in estimated revenues of about $980.6 thousand, a difference of about $317.2 thousand from what the City is currently receiving in state gas taxes. For purposes of this analysis, based on current City practice, 50.0 percent of the state gasoline revenues are allocated to ongoing street maintenance and related functions. The remaining 50.0 percent is allocated to transportation capital improvements. Interest on Money and Property. Interest earned on invested funds is estimated at 3.03 percent of General Fund revenues, net of interest income. A.3 Cost Factors Costs include police protection, public works activities such as streets maintenance, signalized intersections, bridge maintenance and storm drain maintenance, animal control and _general government. The departments of building and safety, planning and engineering are assumed to be either self -supported by fees charged for these services or not to expand and are not projected in this analysis. Table A-2 is a summary of the cost factors used in preparing the fiscal impacts. Administration and Support. Administration and support includes community relations and economic development. These costs are calculated on a per capita basis. The costs are $2.02 per capita for community relations and $2.67 per capita for economic development. Community Development. Community Development consists of Planning and Building and Safety. Both of these department are projected to have their costs covered by fees charged for services and are allocated an Stable total budget amount of $505.4 thousand for Planning and $200.0 thousand for Building and Safety. Public Safety. Public Safety consists of the following categories: Law enforcement, Senior Volunteer Patrol, Fire Protection, Animal Control and Emergency Preparedness. Law enforcement services are projected at $60.64 per capita and $30.32 per employee. These factors are derived by taking the total budget amount of $3.9 million and dividing by the 42 N y } J Q z Q W Q ZO N X'— Lu F- a m H a�?Q mo G V z O LL }O V 43 N U o 2 z to 0 Y °D oaN d C1 w p s ° 10 �� o u E to E W� I v EE �' W is E E o 4 AAC, v E o ��c e� �i`E W W v dm o`h`o 0 0 0 g � o 6 06C p`a`rt S V U o p 0 N1� O<O �NN W � QNB I�P'f O� N N N~ ��<pppppcfN H H H H M N I � I CL C W � 0 m 00 atoc {(�N c U ,�► Q o p p f0 V ao o ffl C W o 16 m`o o1 V off$ o� Q-0- z zzaa m a $S$�i azaCLCL o E 00 v o ° o o0e`o c yo; m CL CL c,� p a a°a ZZ ZCL n.a o a oaa.a v 4) W z �- 'o a O a0 O N O Op O r.r O N, O 008 O p G l7 NO 0 Q N��1� tf < O r` Vi N1�Oief Wi O IE e- to Cto C4 rN^r, O) N cn `o C 0 a O c y Em ,. U O c 0o �W of o$ w it cpE a°oto W U n N Qm C W W m W W o p p %U m .G maw E L) E CL c _j oc°�E Lu 'n% EE. EUw E� E110 Eaax� sit i Co LL w•Y Q U U a- d d c 43 N U o 2 z to population and employment of 73,833. For this analysis, an employee is estimated to be the equivalent.of one-half of a resident in terms of police service requirements. Senior Volunteer patrol is estimated at $0.23 per capita. Fire Protection services have a total budget amount of $7.5 thousand and not projected to increase. Animal control services are projected at $1.07 per capita and are derived by dividing the 1995/96 budget amount of $59.2 thousand by the estimated city population of 55,284. Finally, emergency preparedness are projected using a per capita cost of $0.43. Public Works. Public works costs include street maintenance, street cleaning, signal maintenance, tree maintenance, vegetation control, graffiti removal and parkway maintenance. Public works maintenance is generally related to circulation infrastructure, which in turn is linked to trip generation. The City's existing public works budget of about $663,600 is allocated to existing land uses using the relative trip generation characteristics of residential, commercial, office and business park development. These factors are then applied to new development to approximate additional future public works costs. Trip generation varies considerably between land uses, with commercial land uses generating the most trips --about 700 per acre on a daily basis. Office and business park uses generate from 250 to 280 trips per acre per day. Residential uses generate in the range of 9 to about 80 trips per acre per day, depending upon density. The following table summarizes the allocated cost per acre for land uses based on trip generation: Daily Trips Allocated Cost Land Use per Acre per Acre Rural residential 9 $17.30 Single family residential 38 69.18 Multi -family residential 78 140.61 Commercial 708 1,282.31 Office 253 457.81 Business park 289 523.21 Average 70 126.03 Source: Stanley R. Hoffman Associates, Inc. ITE 44 Engineering costs are assumed to be recovered by charging fees on a cost basis or not to expand. The total estimated stable budget amount for engineering is $143.5 thousand. General Government. General Government costs are projected using a citywide overhead factor. They are calculated as 17.75 percent of department line costs. The cost factor for general government overhead was prepared as a part of the analysis done for the City of Diamond Bar in May 1991 by Hogle-Ireland, Fee Comparison Study. A recent calculation of the general government overhead rate for the current budget year estimates this factor to be relatively the same. 45 Agenda Item No. 9.3 No Documentation Available CITY OF DIAMOND BAR AGENDA REPORT LINDA N4i TO: Terrence L. Belanger, City Manager MEETING DATE: December 19, 1995 REPORT DATE: December 15, 1995 FROM: James DeStefano, Community Development Director TITLE: AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE AND AMENDING THE LOS ANGELES COUNTY CODE, TITLE 32, FIRE CODE; AMENDING TITLE 16 OF THE DIAMOND BAR CITY CODE; AND DECLARING THE URGENCY THEREOF. SUMMARY: The Uniform Fire Code is revised and updated by the State every three years in order to keep current with the various Building Codes. The 1994 Uniform Fire Code has been completely revised from previous years. The revision of the Fire Code is consistent with the revisions of the Building Codes. RECOMMENDATION: That the City Council receive staff presentation, accept public testimony, and waive further reading and introduce the attached ordinance for adoption on an urgency basis. LIST OF ATTACHMENTS: x Staff Reports _ Public Hearing Notification _ Resolution _ Bid Specification (on file in City Clerk's Office) x Ordinances _ Other Agreement(s) EXTERNAL DISTRIBUTION: Fire Department 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: R V ED BY: T rence L.langer Frank Us faWes DeSt City Manage Assistant City Manager Community x Yes No 4/5 _ Yes x No —Yes x No —Yes x No Fire Dent. A Dennis A. Tarango Director Building Official CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 19, 1995 TO: Honorable Mayor and Members of the City Council FROM: Terrance L. Belanger, City Manager SUBJECT: An Ordinance of the City of Diamond Bar adopting by reference and amending the Las Angeles County Code, Title 32, Fire Code; Amending Title 16 of the Diamond Bar City Code; and declaring the urgency thereof. ISSUE STATEMENT: The State of California reviews its Model Uniform Fire Code regulations every three years, and adopts the most current Fire Codes printed by the International Fire Code Institute, the International Conference of Building Officials and the Western Fire Chief Association. The Los Angeles Fire Department reviews and amended the State Fire Code to meet the unique climatic, geographical and topographical conditions of the county. The Los Angeles County Board of Supervisors approve the State Code on December 7, 1995. State law requires that municipalities adopt the 1994 edition of the California Fire Code, and any modification thereto, by December 28, 1995 . It is essential that the City have in effect on that date a fire code that comports with state law and contains those modifications. RECOMMENDATION: That the City Council receive a staff presentation, accept public testimony, and waive further reading and introduce the attached ordinance for adoption on an urgency basis. BACKGROUND: In July of this year the state adopted and approved the 1994 Fire Code as printed and published by the International Fire Code Institute, the International Conference of Building Officials and the Western Fire Chiefs Association, including appendices I -C and V-A and excluding all other appendices. The State allows the city to amend the Fire Code within six(6) months upon state approval. This year the local adoption date is December 28, 1995. 1 DISCUSSION: The Building staffs has reviewed the proposed ordinance along with the Los Angeles County approved ordinance and strongly recommends that the City Council adopts the proposed city ordinance. The City Ordinance includes violation and infractions, and prohibits the sale, use or discharge of fireworks. The Los Angeles County Code Title 32, amends the state code in the following manner: It clarifies the police powers of the Fire Prevention Bureau, gives the Fire Marshall authority, requires plans and specifications, high -piled combustible storage regulations, identification of fire zones, access requirements, vonfire and rabbish fire requirements, describes high-rise structure requirements, pool drafts system requirements, fire department notification for fire alarms. amendment shall apply. SECTION 5. Section 101.8 of the Uniform Fire Code is amended to read as follows: 101.8 References to Appendix. When this code references the appendix, the provisions in the appendix shall not apply unless specifically adopted. Appendix I -C and Appendix -V-A have been specifically adopted into the body of this code. SECTION 6. Section 101.10 is added to the Uniform Fire Code to read as follows: 101.10 Purpose and Intent The purpose of this code is to provide minimum standards to safeguard the public's safety and welfare. Consistent with this purpose the provisions of this code are intended and have always been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person. This code shall not be construed to hold the county, or any fire protection district or any officer employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or non -issuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this code By adopting the provisions of this code the county, or any fire protection district, does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages. This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions. SECTION 7. Section 103.2.1.1 of the Uniform Fire Code is amended by revising the first two sentences to read as follows: 103.2.1.1 General. The chief is authorized to administer and enforce this code. Under the chief's direction, the fire department is authorized to enforce all ordinances of the jurisdiction and the laws of the state pertaining to: SECTION B. Section 103.2.1.2 of the Uniform Fire Code is amended to read as follows: 103.2.1.2. Fire prevention bureau personnel and police. The chief and faembers of the fir preventien bureau his designated representatives shall have the powers of a weeep ace officer in performing their duties under this code. The chief, and his designated representatives may issue citations for violations of this code of the regulations authorized by this code and of the standards as set forth in Appendix V-A of this code. When requested to do so by the chief, the chief of police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code. 2 SECTION 9. Section 103.2.2.2 of the Uniform Fire Code is amended to read as follows: - 103.2.2.2 Fire marshal.^ ief-19 aQtherie�-o 7 the duties eth this eede. The administrative officer of the fire prevention division snail be appointed by the chief of the fire department from among the chief officers of the fire department. The administrative officer Fire Prevention Engineer. SECTION 10. Section 103.2.3 is added to the Uniform Fire Code to read as follows: 103.2.3 Authority of other agencies. 103.2.3.1 _United States Forest Service The provisions of this representative of the United States Forest Service. 103.2.3.2 Agricultural Commissioner. The provisions of Article 11 Section 1117 of this code may be enforced by the Agricultural Commissioner of the County of Los Angeles. SECTION 11. Section 103.3.1.1 of the Uniform Fire Code is amended to read as follows: 103.3.1.1 Authority to inspect. The chief or his designated representatives shall inspect, as often as necessary , buildings and premises, including such other hazards or appliances designated by the chief for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this code and of any other law or standard affecting fire safety. SECTION 12. Section 103.3.5 is added to the Uniform Fire Code to read as follows: 103.3.5 Plans and specifications. 103.3.5.1 Information on plans and specifications. Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all _relevant laws, ordinances rules and regulations The first sheet of each set of Tans shall give the house and street address of the work and the name and address of the owner and aersons who prepared them. proposed building and of every existing building on the property. 103.3.5.2 Retention of plans One set of approved plans. specifications and computations shall be retained by the fire_ chief. Except as reauired by Section 19850 of -the California Health and Safetv Code the chief shall retain such set of the approved plans specifications and computations for a period of not less than 90 days from date of completion of the work covered therein One set of approved plans specifications and computations shall be returned to the applicant which set shall 3 be kept on such building or work site at all times during which the work authorized thereby is in progress. 103.3.5.3 Expiration of plan aparoval Plan approval for building permits for which no permit is issued shall expire one year after the date of approval Plans specifications and computations previously submitted may thereafter be returned to the applicant or destroyed by the chief. The chief may extend the time for action by the applicant for a period of six months beyond the one-year limit upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken No plan approval shall be extended more than once. Once a plan approval and any extension thereof has expired, the applicant shall resubmit plans specifications and computations Plan approval for which a building permit has been issued and thereafter expired according to the Building Code shall be null and void Plans specifications and computations shall be resubmitted for plan approval. SECTION 13. Section 103.4.5 of the Uniform Fire Code is amended to read as follows: 103.4.5 Unsafe buildings. Buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, hazardous material contamination, disaster damage or abandonment as specified in this code or any other ordinance, are for the purposes of Section 103.4.5, unsafe buildings. Such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. See preee-dures-peeified-i-n Chapters 4 threugh 9 ef the Uniform _Gede for the Abatement of A report concerning any such unsafe building shall be made by the chief to the building official. for abatement of the unsafe condition. SECTION 14. Section 103 of the Uniform Fire Code is amended by adding Section 103.4.7 to read as follows: 103.4.7 Violations Every person violating any provision of this title or of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto. -is guilty of a misdemeanor unless such violation is declared to be an infraction by Article 89 of this title Each such violation is a separate offense for each and every day during any portion of which such violation is committed Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by state law. For the purposes of this section a forfeiture of bail shall be equivalent to a conviction. SECTION 15. Section 103.4.8 is added to the Uniform Fire Code to read as follows: 103.4.8 Responsibility. Any person who personally or through another willfully, negligently, or in violation of law sets a fire allows a fire to be set or allows a fire kindled or 4 attended by him to escape from his control allows any hazardous material to be handled stored or transported in a manner not in accordance with this code or nationally recognized standards, allows any hazardous materials to escape from his control. neglects to properly comply with any written notice of the chief. or willfully or negligently allows the continuation of a violation of this code and amendments thereto is liable for the expense of fighting the fire or for all costs associated with the control and mitigation of a hazardous materials incident, or for the expenses incurred while obtaining comRliance with the written order of the chief or for the expenses incurred in obtaining compliance with the continuing violation of this code. and such expenses shall be a charge against that person. SECTION 16. The first paragraph of Section 104.2 of the Uniform Fire Code is amended to read as follows: 104.2 Investigations. The fire department is authorized to investigate promptly the cause, origin and circumstances of each and every fire or hazardous materials incident occurring in the jurisdiction involving loss of life or injury to person or destruction or damage to property and, if it appears to the bureau of investigation that such fire or hazardous materials incident is of suspicious origin, they are authorized to take immediate charge of all physical evidence relating to the cause of the fire or hazardous materials incident and are authorized to pursue the investigation to its conclusion, in cooperation with the appropriate law enforcement agency if appropriate. SECTION 17. Section 105.2.1 of the Uniform Fire Code is amended to read as follows: 105.2.1 General. A permit constitutes permission to maintain, store, use or handle materials, or to conduct processes which produce conditions which are or may be potentially hazardous to life or property, or to install equipment used in connection with such activities. such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of this code. Such permit shall not take the place of any license required by law. SECTION 18. The first sentence of Section 105.8 of the Uniforn Fire Code is amended to read as follows: 105.8 Permit Required. A permit constitutes permission to maintain store use or handle materials, or to conduct processes which produce conditions which are or may be hazardous to life or property, or to install equipment used in such activities. A permit shall be obtained from the bureau of fire prevention prior to engaging in the following activities, operations, practices or functions: SECTION 19. Subsection 105.8 a.6. is added to the Uniform Fire Code to read as follows: 105.8 a.6. Activities in hazardous fire areas. Any of the activities as described in Section 1118.2. 5 SECTION 20. Subsection 105.8 b.2. is added to the Uniform Fire Code to read as follows: - b.2 Bonfires or rubbish fires. To kindle or maintain or authorize the kindling or maintenance of bonfires or rubbish fires. See Article 11. SECTION 21. Subsection 105.8 h.3. of the Uniform Fire Code is amended to read as follows: h.3. High-piled combustible storage. To use any building or portion thereof as a high-piled storage area exceeding 500 square feet (46.45 square meters) (see definition in Article 81) . Plans shall be submitted with applieatiens ter seeh permits in aeeerdanee with r_t;e a 81. A letter describing the type and amount of material to be stored and the method of storage, plus a floor plan showing the dimension and location of the stock piles and aisles shall be submitted with applications for such permits. See Article 81. SECTION 22. Subsection 105.8 h.4. is added to the Uniform Fire Code to read as follows: h.4. Hot air balloon No person shall launch any hot air balloon which has its lifting power provided by an open flame device without a permit. SECTION 23. Subsection 105.8 r.3. is added to the Uniform Fire Code to read as follows: r.3. Rifle range No person shall establish maintain or operate a rifle range without a permit. SECTION 24. Section 202-A of the Uniform Fire Code is amended by revising the following definition to read as follows: ADMINISTRATOR is the-e'meeatiye eff ieere-€-thejur sdiet a area- shall mean the chief administrative officer of the city or the Chief Administrative Officer of the County of Los Angeles. SECTION 25. Section 203-B of the Uniform Fire Code is amended by adding and revising the following definitions to read as follows: BUFFER ZONE is any location within 1000 feet of that area designated as Fire Zone 4 by the governing body. BULK PLANT OR TERMINAL is that portion of a property where flammable or combustible liquids, hazardous liquids or gases are received by tank vessel, pipelines, tank car or tank vehicle and are stored, e-r blended or transferred in bulk for the purpose of distributing such liquids or gases by tank vessel, pipeline, tank car, tank vehicle, portable tank or container. SECTION 26. Subsection 204-C of the Uniform Fire Code is amended by adding the following definition to read as follows: CLEAN AGENT is an electrically nonconducting volatile or gaseous fire extinguishing agent that does not leave a residue upon evaporation. SECTION 27. Subsection 207-F of the Uniform Fire Code is amended by adding the following definitions to read as follows: FLOAT shall mean any floating structure normally used as a point 0 of transfer for passengers and goods or for mooring purposes. See also Parade Float. - FUEL MODIFICATION shall mean the reduction of flammable vegetation available to a wildfire. FUMIGATOR shall mean any person licensed by the Structural Pest Control Act as an operator, or as a structural Pest Control Field Representative who shall have been qualified by the State of California Structural Pest Control Board in the category of Pest Control. SECTION 28. Section 208-G of the Uniform Fire Code is amended by adding the following definition to read as follows: GOVERNING BODY shall mean the official board or council elected to rule the municipality or other public agency. SECTION 29. Section 209-H of the Uniform Fire Code is amended by revising the following definitions to read as follows: HAZARDOUS FIRE AREA " shall mean any land which is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. Sueh areas are designa-ted -may--the-eh i e the-ehief. It shall include those areas designated as Fire Zone 4 in Title 26 of the Los Angeles County Code (Building Code) and those areas designated as a Very High Fire Hazard Severity Zone by the Board of Supervisors. HAZARDOUS MATERIALS are those chemicals or substances which are physical hazards or health hazards as defined and classified in Article 80 whether the materials are in usable or waste condition. Included in this definition but not limited to are those Hazardous Wastes, Hazardous Materials, and Extremely Hazardous Wastes listed in the California Code of Regulations, Title 22, Section 66261.126, Appendix X. HIGH-RISE STRUCTURE means every building of any type of construction or occupancy having floors used for human occupancy located more than 75 feet above the lowest floor level having building access except buildings used as hospitals as defined in Section 1250 of the California Health and Safety Code. HOTEL is any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. This definition shall not include any I or D occupancies as described in Title 24, Part 2, California Code of Regulations. WINNOW HIGH-RISE STRUCTURE means every building of any type of construction or occupancy having floors used for human occupancy located more than 75 feet above the lowest floor level having building access except buildings used as hospitals as defined in Section 1250 of the California Health and Safety Code. HOTEL is any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. This definition shall not include any I or D occupancies as described in Title 24, Part 2, California Code of Regulations. SECTION 30. Section 214-M of the Uniform Fire Code is amended by adding the following definition to read as follows: MARINA shall mean any portion of the ocean or inland water either naturally or artificially protected for the mooring servicing, or safety of vessels and shall include artificially protected works; the public or private lands ashore; structures or facilities provided within the enclosed body of water and ashore for the mooring or servicing of vessels or the servicing of their crews or passengers. SECTION 31. Section 217-P of the Uniform Fire Code is amended by adding the following definition to read as follows: PIER shall mean a structure_ built over the water and supported by pillars or piles. used as a_landing place, pleasure pavilion, etc. SECTION 32. Section 223-V of the Uniform Fire Code is amended by adding the following definitions to read as follows: VERY HIGH FIRE HAZARD SEVERITY ZONE shall mean areas that are highly vulnerable to wildfire. The designation of such zones shall be made by the Board of Supervisors and shall be based on fuel loading slope fire weather and other relevant factors in accordance with Chapter 6.8 of Title 5 of the California Government Code commencing with Section 51175. VESSEL shall mean every description of :watercraft, other than seaplane 'on the water, used or capable of being used as a means of transportation Included in this definition shall be non- transportation vessels such as houseboats and boathouses. SECTION 33. Section 224-W of the Uniform Fire Code is amended by adding the following definition to read as follows: WHARF shall mean a structure or bulkhead constructed of wood, stone concrete etc built at the shore of a harbor, lake or river for the vessels to lie alongside of, and piers or floats to be anchored to. SECTION 34. Section 901.4.2 of the Uniform Fire Code is amended to read as follows: 901.4.2 Fire apparatus aeeess roadSri When required by Lire—ehief, and t the eastruetien theree€ or both. Fire lanes. When required, approved fire lane and no parking signs shall be provided on or adjacent to the fire lane and shall be visible therefrom. The boundaries of the fire lane shall be outlined or the fire lane painted as the chief deems necessary to define the extent of the fire lane. SECTION 35. Section 901.4.3 of the Uniform Fire Code is amended to read as follows: 901.4.3 Fire protection equipment and fire hydrants. Fire protection equipment and fire hydrants shall be clearly identified in a manner approved by the chief to prevent M obstruction by . parked vehicles and other objects. _ When required by the chief, hydrant locations shall be identified by the installation of blue reflective markers. See also Section 1001.7. SECTION 36. Section 901.4.4 of the Uniform Fire Code is amended to read as follows: 901.4.4 Premises identification. 901.4.4.1 New and existing buildings. (a) Approved numbers or addresses shall be placed and maintained on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. In no case, shall numbers be less than 3 inches in height, 1 inch wide with a stroke of 3/8ths of an inch. Where structures are set back more than 150 feet from the street or road the numbers shall be a minimum of 5 inches in height, 2 inch wide with a stroke of 1/2 inch. Numbers shall contrast with their background. (b) Multiple residential and commercial units having entrance doors not visible from the street or road shall have in addition to the requirements of 901.4.4 (a) above, approved numbers grouped for all units within each structure and positioned to be plainly visible from the street or road. Said numbers may be grouped on the wall of the structure or on a mounting post independent of the structure. 901.4.4.2 High -Rise Buildings. Approved numbers or street addresses shall be placed and maintained on the roof tops of all new and existing high-rise buildings, as defined in Health and Safety Code Section 13210, having floors used for human occuRancy located more than 75 feet above the lowest floor level providing access to the building. All approved numbers shall be plainly visible and legible from the air at an elevation of 500 feet above roof top level and shall contrast with their background. SECTION 37. Section 901.7 is added to Uniform Fire Code to read as follows: 901.7 Destruction of signs. No Derson shall mutilate or remove or destroy any sign or notice posted or required to be posted by the chief or his duly authorized representative. SECTION 38. Section 902.2.1 of the Uniform Fire Code is amended to read as follows: 902.2.1 Required access. Fire apparatus access roads shall be provided in accordance with Sections 901 and 902.2 for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. Vehicular or pedestrian gates obstructing required access to the building shall be of an approved width and shall be provided only with locking devices and/or override mechanisms which have been approved by the chief. See also Section 902.3 for personnel access to buildings. EXCEPTIONS: 1. Wh n buildings are eempletely pre eeted -- -i 6f—seE`ti6rs vzrrand 902.2.2 I the eh fief. z :—rnh_�a6•eeS s reads ccrrrricr-rsc— installed --due —w =v caciA Fi Aii ether similar een itiens, the ehief is authorized to - - -- - additlenal - preteetien as speeified et-ien 1001-9. 3 When there are not more than two Group R, Division 3, or Group U Occupancies, the requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief. More than one fire apparatus road shall be provided when it is determined by the chief that access by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. For High piled combustible storage, see Section 8102.5.1. For required access-during construction, alteration or demolition of a building see Section 8704.2. SECTION 39. Section 902.2.2.1 of the Uniform Fire Code is amended to read as follows: 902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance ef net less than !3 feet inehes. clear to the sky. -Efeeptien, Vertieal elearasee-may be-redueed, reduetien dees net impair aeeess by fire apparatus and appreved --*,..- are installed and maintained indieating the established vertleal: elear-aftee when appreved by the y Vertieal elearanees er wWidths shall be increased when, in the opinion of the chief, oe-reliearanees or widths are not adequate to provide fire apparatus access. SECTION 40. Section 902.2.4.1 of the Uniform Fire Code is amended to read as follows: 902.2.4.1 General. The required width of a fire apparatus access road or fire lane shall not be obstructed in any manner, including parking of or leaving vehicles in violation of Section 22500.1 of the California Vehicle Code. Minimum required widths and clearances established under Section 902.2.2.1 shall be maintained at all times. Entrances to roads, trails, or other accessways which have been closed with gates and barriers in accordance with Section 902.2.4.2 shall not be obstructed by parked vehicles. SECTION 41. Section 902.5 is added to the Uniform Fire Code to read as follows: 902.5 Helistops for High-Rise Buildings. An approved helistop shall be provided on the roof of any high-rise building hereinafter constructed. It shall be designed in accordance with construction standards of the Building Code. See also Article 24. SECTION 42. Section 903.2.1 is added to the Uniform Fire Code to read as follows: 903.2.1. Water certificate. Except as otherwise provided by this section, every application for a building permit shall be 10 accompanied by: 1. Evidence indicating to the building official that the proposed structure will be supplied with water in accordance with the requirements of Title 20 of the Los Angeles County Code. The Department of Public Works may accept as sufficient evidence a certificate from a water utility that it can supply water to the proposed structure in compliance with said Title 20 of the Los Angeles County Code, except that if the building official knows that such water utility cannot so supply water the official may reject such certificate, or 2. A certificate from the fire department that there is, or is under construction, a private water supply which, in the chief's opinion, is adequate for fire protection, or 3. A certificate from the fire department that there is a natural or artificial body of water so located that adequate water for fire fighting can be obtained therefrom. EXCEPTION: A certificate is not required for U occupancies less than 1000 square feet of floor area. SECTION 43. Section 903.3 of the Uniform Fire Code is amended to read as follows: 903.3 Type of Water Supply. Water supply is allowed to consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. -1-n setting the requirements feF f!Fe flew, the ehief "ay be guided. bj -Append' T SECTION 44. Article 9 of the Uniform Fire Code is amended by adding Section 903.5 to read as follows: 903.5 Pool Draft System in Very High Fire Hazard Severity Zones or Fire Zone 4 Note: New swimming pools 5000 gallon capacity or greater, constructed or installed in Fire Zone 4 or a Very High Fire Hazard Severity Zone shall have a drain and discharge line connected to a draft hydrant, as required by Appendix G of Title 28 of the Los Angeles County Code (Plumbing Code). SECTION 45. Section 1001.4 of the Uniform Fire Code is amended to read as follows: 1001.4 Approval and Testing. Fire alarm systems; fire hydrant systems; fire extinguishing systems, including automatic sprinklers and Class I, II, and III standpipes; halon and clean agent systems and other special types of automatic fire -extinguishing systems; basement pipe inlets; and other fire - protection systems and appurtenances thereto shall meet the approval of the fire department as to installation and location and shall be subject to such periodic tests as required by the chief. See -Appendixes -GV See Section 1001.5. 1 for testing of water-based.fire-protection systems. Plans and specifications shall be submitted to the fire department for review and approval prior to construction. Condition of approval of halon and clean agent systems shall be satisfactory passage of a test conducted in accordance with nationally recognized standards prior to final acceptance of the system. Fire alarm and detection systems shall be tested in accordance 11 with U.F.C. Standard 10-4 and nationally recognized standards. SECTION 46. Section 1001.5.1 of the Uniform Fire Code is amended by adding a second paragraph to read as follows: Fire extinguishing systems, including, but not limited to, fire sprinkler systems, engineered and pre-engineered fixed extinguishing systems, standpipe systems, and water -flow alarm devices shall be serviced, tested and maintained in accordance with the requirements of Chapter 5 of Division 1 of Title 19 California Code of Regulations. SECTION 47. Section 1001.5.2 of the Uniform Fire Code is amended to read as follows: 1001.5.2 Fire department notification for fire alarm or fire extinguishing systems servicing. The chief shall be notified when any required fire alarm or fire extinguishing system is placed temporarily out of service and upon restoration of service. SECTION 48. Subsection 1003.2.2.5. of the Uniform Fire Code is amended to read as follows: S. Thr-eughetial-buildings with aTl-eer level with an eeeupang lead --e€-30 er mere that is-leea-ted-§5feet or fRere -beabeve the fewest !eye! of fire—department-vehicle aeeess. 2. Open parking struetures. 3. Greup , Divisi 5. In buildings over three stories in height; provided however, the respective increases in area and height specified in U.B.C. 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 chief 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 the determination the chief shall consult with the building department. EXCEPTION: Building used exclusively as open parking garages. SECTION 49. Section 1003.3.1 of the Uniform Fire Code is amended to read as follows: 1003.3.1 Where required. All valves controlling the water supply for automatic sprinkler systems and water -flow switches on all sprinkler systems shall be electrically monitored where the number of sprinklers are: 1. Twenty or more in Group I Divisions 1.1 and 1.2 Occupancies. 2. One hundred or more in all other occupancies. Valve monitoring and water -flow alarm and trouble signals, shall be distinctly different and shall be automatically transmitted to an listed and approved central station, remote station or proprietary monitoring station as defined by U.F.C. Standard 10-2 or, when approved by the building official with the concurrence of the chief, shall sound an audible signal at a constantly attended location. EXCEPTION: Underground key or hub valves in roadway boxes 12 shall be equ provided with not less than two four-way department inlet connections. SECTION 51. Section 1005 of the Uniform Fire Code is amended to read as follows: Basement pipe -inlets-shall be installed in the first f leer'ez . See Appendix 111-9. 1005.1 General Allbasement pipe inlets shall be installed in accordance with the requirements of this section. basements. 2 Where the basement is used for the storage of permanent archives such as safe deposit vaults or similar uses adversely affected by water. 1005 1 2 Location. The location of basement pipe inlets shall be as required by the fire department. 1005 1 3 Detailed Requirements All basement pipe inlets shall be of cast iron steel.L brass or bronze with lids of cast iron or bronze. The basement pipe inlet shall consist of a sleeve of not less than 8 -inch inside diameter extending through the floor and terminating flush with or through the basement ceiling and shall have a top flange recessed with an inside shoulder to receive the lid The top flange shall be installed flush with finish floor surface The lid shall be a solid casting and have a lift recessed in the top This lid shall be provided with a cast -in sign reading FIRE DEPARTMENT ONLY - DO NOT COVER. The lid shall be installed in such a manner as to permit its easy removal from the flange shoulder. SECTION 52. The title of Section 1007 of the Uniform Fire Code is amended to read as follows: SECTION .1007 - FIRE AND EMERGENCY ALARM SYSTEMS SECTION 53. Section 1007.2.2.1 of the Uniform Fire Code is amended to read as follows: 1007.2.2.1 General. Group A, Divisions 1,2 and 2.1 Occupancies shall be provided with a manual fire alarm system in accordance with Section 1007.2.2. EXCEPTIONSe: -1. manual fire ' bexes are nete w .... an appreyed autenatie fire extinquis4ing system is installed whieh will immediately aetiyate th n} upen water flew. � Group A Occupancy portions of Group E Occupancies are allowed to have alarms as required for the Group E Occupancy. See also Section 1007.2.12. SECTION 54. The first paragraph of Section 1007.2.2.2 of the Uniform Fire Code is amended to read as follows: 14 1007.2.2.2 System initiation. Activation of the fire alarm or automatic fire extinguishing system flow device shal-1 immediately initiate an approved prerecorded message. announcement using an approved electrically supervised voice communication or public address system which is audible above the ambient noise level of the occupancy. SECTION 55. Section 1007.3.1 of the Uniform Fire Code is amended to read as follows: 1007.3.1 Design standards. Fire alarm systems, automatic fire detectors, emergency alarm systems gas detector systems, emergency voice alarm communication systems and notification devices shall be designed, installed and maintained in accordance with U.F.C. Standards 10-2 and 10-3 and other nationally recognized standards. SECTION 56. Section 1007.3.3.6.1 of the Uniform Fire Code is amended to read as follows: 1007.3.3.6.1 General. When required by the chief, fire alarm systems and emergency alarm systems shall be monitored by an approved central proprietary or remote station service or a local alarm which gives audible and visual signals at a constantly attended location. SECTION 57. Section 1102.1.1 is added to the Uniform Fire Code to read as follows: 1102 1 1 Permits A person shall not build light, maintain or cause to be built lighted or maintained any open or outdoor fire unless he first secures from the chief or a United States Forest Service officer having Jurisdiction a permit to do so. See Section 105.8. SECTION 58. Section 1102.2.1 of the Uniform Fire Code is amended to read as follows: 1102.2.1 General. Free-standing noncommercial incinerators not connected to buildings shall be in accordance with Section 1102.2. Incinerators shall be constructed and maintained in accordance with the requirements of the South Coast Air Quality Management District. For other requirements and for other types of incinerators, see the Building and Mechanical codes. SECTION 59. Section 1102.2.6 is added to the Uniform Fire Code to read as follows: 1102 2 6 Time restrictions The chief may notify in writing the owner of any incinerator that such incinerator can be used only at or between specified hours if he finds that any burning in such incinerator at other hours will or may constitute a fire hazard. SECTION 60. Section 1102.3.2 of the Uniform Fire Code is amended to read as follows: 1102.3.2 Notification. Prior to commencement of open burning, the fire department shall be notified and a permit obtained. It shall be unlawful for any person to build or maintain or cause or 15 permit to be built or maintained any open or outdoor fire -not in compliance with such permit. When required a permit from the South Coast Air Quality Management District shall be obtained before the fire department permit is issued. SECTION 61. Section 1102.3.9 is added to the Uniform Fire Code to read as follows: 1102 3 9 open fires A person shall not build light, maintain or _cause or permit to be built lighted or maintained, any open outdoor fire or use or cause or permit to be used, any open outdoor fire for any purpose except: 1 When such fire is set or permission for such fire is officer, is necessary for (i) the purpose of the prevention of a fire hazard which cannot be abated by any other means or (ii) the instruction of public employees in the methods of fighting fire. 2 When such fire is set pursuant to permit on property used 3 When such fire is set in the course of any agricultural operation in the growing of crops or raising of fowl or animals. 4 On a public beach area owned managed or controlled by the County, otherwise permitted by this code. 5 In a County owned park or recreation camp as otherwise permitted by this code. 6 Bonfires permitted by the chief. 7 Cooking recreational or ceremonial fires on private property with a maximum fire area of 9 square feet, in locations outside of hazardous fire areas. SECTION 62. Section 1102.3.10 is added to the Uniform Fire Code to read as follows: 1102 3 10 Designated Open Fire Areas The chief is authorized to designate places on private property, with the permission of the The chief may place or cause to be placed uniform signs or permission• provided however, that it shall be unlawful to leave or cause or permit to be left any fire burning in such place Before leaving such place such fire shall be thoroughly extinguished and completely covered with dirt in such manner as to adequately prevent such fire from burning thereafter. SECTION 63. Section 1103.2.1.2 of the Uniform Fire Code is amended to read as follows: 1103.2.1.2 Required storage eanditiens Rubbish accumulation. Accumulations of wastepaper hay, grass straw, weeds, litter, or combustible or flammable waste material. waste petroleum products or rubbish of any kind shall not be permitted to remain upon any 16 roof, court yard vacant lot or open space. Exception: Combustible rubbish, kept or accumulated within or adjacent to buildings or structures shall be kept in containers complying with Section 1103.2.1.4 or in rooms or vaults constructed of noncombustible materials. SECTION 64. Section 1103.2.1.5 of the Uniform Fire Code is amended to read as follows: 1103.2.1.5 Removal. Combustible rubbish stored in containers outside of noncombustible vaults or rooms shall be removed from buildings at least once each working day or at intervals sRecified by the chief. The storage or accumulation of combustible waste matter within any building In such a quantity or location as to constitute a .fire hazard is prohibited. SECTION 65. Section 1109.7 of the Uniform Fire Code is amended to read as follows: 1109.7 Sparks from Chimneys. Chimneys used with fireplaces or heating appliances in which solid or liquid fuel is used shall be maintained with a spark arrester as required for incinerators by the Mechanical Code. EXCEPTION: Chimneys which are located more than 2.88 500 feet from any mountainous, brush-covered or forest-covered land or land covered with flammable material_ and are n 'CTed—te a-strueture—ha'oTinq less than -A Gsass feet- as rwr ee�,=eying, asset €erth in the Build: Gede SECTION 66. Section 1109.8 is added to the Uniform Fire Code to read as follows: 1109.8 Hot Air Balloons For a Qermit to operate a hot air balloon see Section 105 A plan shall be submitted for approval showing balloon distance from buildings and other possible hazards as determined by the chief, before the permit is issued. SECTION 67. Section 1109.9 is added to the Uniform Fire Code to read as follows: 1109.9 Fire Safety Officers and Advisors. When in the opinion of the chief, it is necessary for the pregervation of life or property, due to the hazardous nature of an event, production. operation or function the chief shall require, the owner or lessee to employ or cause the employment of one or more approved fire safety officers or advisors to be on duty at such place during the hazardous activity. SECTION 68. Article 11 of the Uniform Fire Code is amended by adding Section 1115 to read as follows: SECTION 1115 - MARINAS 1115.1 General Plans for marina fire-protection facilities shall be approved by the chief prior to installation. The completed work shall be subject to final inspection and approval after installation. 1115.2 Definitions. For the purpose of this Division. the definitions of the terms Float Marina Pier, vessel and Wharf are as set forth in Article 2. 1115.3 Fire Prevention Regulations. 17 1115 3 1 Accumulation of combustibles Persons having charge or debris -or rubbish on land beneath such structure pier or wharf. 1115 3 2 Open flame No person shall use anv open flame device for maintenance or repair on any vessel, float pier or wharf without a permit. 1115 3 3 Portable cooking device No person shall use any portable barbecue brazier or cooking device on any vessel float pier or wharf withouta permit. C -- or wharf must be approved by the chief. 1115 3 5 Flammable or combustible liquid spills. Any spills of flammable or combustible liquids at or upon the water shall be reported immediately to the fire department or Jurisdictional authorities. 1115 3 6 Rubbish containers Containers with tight -fitting or self-closing lids shall be provided for the temporary storage of combustible trash or rubbish. 1115 3 7 Electrical equipment All electrical equipment installed and used must be in accordance with the Electrical Code as it applies to wet damp and hazardous locations. 1115.4 Fire Protection Equipment All piers wharves, floats with facilities for mooring or servicing five or more vessels, and marine service stations shall be equipped with fire - protection equipment as follows: 1115 4 1 Wet standpipe system All portions of floats exceeding 250 feet in distance from fire apparatus access and marine service stations shall be provided with an approved wet standpipe system installed in conformity with applicable standards set forth in U.B.C. Standard No. 38-2 and Article 10 of this code. 1115.4.1.1 Hose station spacing Hose stations shall be so spaced as to provide protection to any portion of floats or floating vessel. Hoses shall be mounted on a reel or rack and enclosed with an approved cabinet Hose stations shall be labeled "FIRE rrnc 11 _ T.,mvnt—LXTe V TTCr nATT V 1f A 1 1 anti i nTnant aha 1 1 be auvroved. waterline shall be equipped with a single 2-1/2 inch fire department connection. 1115.4.1.3 Waterlines subject to freezing Waterlines shall normally be dry where area is subiect to freezing temperatures. 1115 4 2 Water and access Piers and wharves shall be Provided with fire apoaratus access roads and water -supply systems with on-site fire hydrants as may be required Such roads and water systems shall conform to Article 10. 1115.5 Portable Fire Protection Equipment One fire extinguisher, 2A 20 -BC rating minimum shall be provided in each hose station required The chief shall designate the type and number of all other fire appliances to be installed and maintained in each marina. 1115.6 Transmission of Alarms. Means shall be available for the immediate notification of the fire department. 1115.7 Maintenance of Access Access shall be provided and maintained in accordance with Article 9. 18 1115.8 Marine Service Stations. Marine service stations shall conform to Article 79. SECTION 69. Article 11 of the Uniform Fire Code is amended by adding Section 1116 to read as follows: SECTION 1116 - RIFLE RANGES 1116.1 Permit A rifle range shall not be established, maintained or operated without a permit from the chief. Applications for such permit shall be referred to the chief law enforcement officer for approval. 1116.2 SuRervision by Range Officer No person shall operate or maintain a rifle range except under the supervision of a gualified range officer. 1116.3 Oualif ications of Range Officer. No person shall act as a range officer until such time as he shall have demonstrated to the chief and chief law enforcement officer his knowledge of firearms and ammunition including the general rules of safety and the provisions of this code relative thereto, and has received a certificate of fitness therefor. 1116.4 Inspection of Ammunition. Disposal of Defective Ammunition All, ammunition shall be inspected and approved by the range officer before permission to fire or discharge the same shall be granted All ammunition that will not fire or discharge or which is otherwise defective shall be turned in to the range officer for the safe disposal thereof. 1116.5 First -Aid Fire Appliances. All rifle ranges shall be eauipped with first-aid fire appliances and other equipment as required by the chief and shall comply with such other fire prevention measures as may be deemed necessary by the chief. 1116.6 Removal of Vegetation All rifle ranges shall be. completely clear of vegetation within a safe distance from the firing line and striking grounds and shall be so maintained. SECTION 70. Article 11 of the Uniform Fire Code is amended by adding Section 1117 to read as follows: SECTION 1117 - CLEARANCE OF BRUSH AND VEGETATIVE GROWTH 1117.1 Electrical Transmission Lines. 1117 1 1 Support clearance Any person owning controlling, operating or maintaining any electrical transmission or distribution line upon any mountainous or forest, or brush - covered lands or land covered with flammable growth, shall, at all times maintain around and adjacent to any pole supporting a switch fuse transformer, lightning arrester, or line junction, or dead end or corner poles or towers or other poles or towers at which power company employees are likely to work most freguently, an effective firebreak consisting of a clearing of not less than 10 feet in each direction from the outer circumference of such pole or tower, provided however that this provision shall not be deemed to apply to lines used exclusively as telephone telegraph telephone or telegraph messenger call fire or alarm lines or other lines classed as communication (Class C) circuits by the Public Utilities Commission of the State of California. Nor shall this provision apply to clearance around poles supporting only secondary electrical distribution lines of 750 volts or less. 19 1117 1 2 Line clearance - high tension. Any person owning, controlling operating or maintaining any electrical transmission_ line upon any mountainous or forest or brush -covered lands, or lands covered with flammable growth shall maintain a clearance of the respective distances hereinafter in this section specified in all directions between all vegetation and all conductors carrying electrical current. For lines operating at 2,400 volts or more but less than 72,000 volts four (4) feet; For lines operating at 72,000 volts or more but less than 110,00o volts six (6) feet; For lines operating at 110 000 volts or more ten (10) feet. In any case such distance shall be sufficiently great to furnish the required clearance from the particular wire or conductor at any position of such wire or conductor at any temperature of 120 degrees Fahrenheit or less Dead trees, old, decadent or rotten trees those weakened by decay or disease and trees leaning toward the line which may contact the line from the side or may fall on the line shall be felled cut or trimmed so as to remove the hazard. 1117 1 3 Self SURRortina aerial cable No clearing to obtain line clearance is required when self-supporting aerial cable is used except that forked trees leaning trees and other arowth which may fall across the cable and break it shall be removed. Exception: Nothing contained in this section shall be construed to require any person to maintain any clearing on land where such person does not have the legal right to maintain such clearing nor shall any provision of this ordinance be construed to require any person to enter upon or to damage property of another without the consent of the owner thereof. For further exceptions see Title 14, California Code of Regulations Sections 1250-57 inclusive. 1117.2 Structures. 1117 > , riiai mna;fication plan in Very Hiah Fire Hazard SeyeritS and an irrigation plan approved by a registered landscape architect shall be submitted with any subdivision of land or prior to any new construction remodeling modification or reconstruction of a structure where such remodeling, modification or reconstruction increases the square footage of the existing structure by 50% or more within any 12 month period and where the structure or subdivision is located within areas designated as a Very High Fire Hazard Severity Zone or Fire Zone 4 in the County Building Code Every fuel modification plan landscape plan and irrigation plan shall also be reviewed and approved by the forestry division of the fire department for reasonable_ fire safety. 1117 2 2 Clearances Any person owning leasing controlling, operating or maintaining any building structure or apiary upon or adioining_any mountainous or forest or brush -covered land or land covered with flammable growth and any person owning, leasing or controlling any land adjacent to such structures shall at all times: 1 Place or store firewood manure compost and other combustible materials a minimum of thirty (30) feet from any building or 20 structure. 2 Maintain around and adiacent to such building structure or thirty -(30) feet on each side thereof all flammable vegetation or other combustible growth This includes ornamental plants and trees known to be flammable including but not limited to: Acacia Cedar Cypress Eucalyptus Juniper Pine and Pampas Grass. EXCEPTIONS• 1 Ornamental plants and trees that are individually planted spaced and maintained in such a manner that they do not form a means of transmitting fire from - native growth to the structure. 2 Cultivated ground cover such as green grass, ivy. transmitting fire from native growth to the structure. 3 Maintain around or adjacentto any building or structure an additional fire protection or firebreak made by removing all brush flammable vegetation or combustible growth located from. thirty (30) to one hundred (100) feet from such building or of only thirty- (30) feet around such structures is not sufficient to provide reasonable fire safety. -Grass and other vegetation ground, -may -be maintained where necessary to stabilize the soil and prevent erosion. 4 Remove that portion of any tree which extends within _10 feet of the outlet of any chimney. 5. Maintain any tree adjacent to or overhanging any building, free of dead wood. 6 Maintain the roof of any structure free of leaves, needles or other dead vegetative growth. 1117 2 3 Extra hazard The Governing Body finds that in many cases because of extra hazardous situations a firebreak around structures of only thirty feet is not sufficient and that a firebreak of fifty feet or more may be necessary. If the chief or commissioner finds that because of the location of any building or structure and because of other conditions a thirty-foot firebreak around such structure as required by Section 1117.2.2 is not sufficient he may notify all owners of property affected that they must clear all flammable vegetation and other combustible growth or reduce the amount of fuel content for a distance greater than thirty feet but not to exceed two hundred feet. 1117.3 Notice to Correct. 1117.3.1 Contents of notice. A notice to clear all flammable vegetation and other combustible growth for a distance greater than thirty feet shall be in writing and shall specify the exact distance from the structure that such vegetation and growth must be cleared. 1117 3 2 Compliance with findings Within a reasonable time after 21 receipt of notice specified in Section 1117.4 every person owning leasing controlling or operating the structure involved, adiacent to such structure an effective fire protection br firebreak made by removing and clearing away for a distance not less than so determined on each side thereof, all flammable vegetation or other combustible growth except as otherwise provided in Section 1117.2. 1117 3 3 Correction by chief or commissioner. Any person described in Sections 1117.2.2 1117.2.3, or 1117.3.2 who has received notice to correct any of the conditions specified in said sections and who is unable to comply with the requirements of such notice may request the chief or commissioner to correct the condition or conditions The chief or commissioner may do so provided that the person requesting such assistance agrees to Day the full cost thereof. 1117 3 4 Notice of failure to correct. In the event any of the conditions prohibited by either Sections 1117.2.2 or 1117.2.3 exist the Governing Body may instruct the chief or commissioner to give notice to the owner of the property upon which such condition exists correct such prohibited condition, and if the owner fails to correct such condition the Governing Body may cause the same to be done and make the expenses of such correction a lien uRon the property upon which such condition exists If it so instructs the chief or commissioner, the Governing Body shall designate the time and place of a hearing either before itself or before a referee appointed by it, and shall notify the chief of its action. 1117.3.S Mailing notice Upon receipt of a notice from the Governing Body of the time and place of hearing and not less than ten days before such hearing the chief or commissioner shall mail a notice to the owners of property, as their names and addresses appear from the last equalized assessment roll, or as they are known to the clerk of the Governing Body on which a firebreak is not maintained as required by Section 1117.2 in substantially the following form: NOTICE TO DESTROY WEEDS, BRUSH AND RUBBISH Notice is hereby given that on the day of (ronth) the Governing Bodes of (Municipality) passed a resolution declaring the noxious or dangerous weeds sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become when dry, a fire menace to adiacent improved, were growing and that there existed dry grass stubble brush, litter or other flammable material which endangers the public safety by creating a fire hazard upon or in front of the property on certain streets in said municipality, and more particularly described in said resolution and that same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds brush litter or other flammable material, otherwise they will be removed and the nuisance will be abated by the municipal authorities in which case the cost of such removal shall be assessed upon the lots and lands from which or in front 22 of which such materials are moved, and such cost will constitute a lien upon such lots or lands until paid Reference is hereby made to said resolution for further particulars. All property owners having any objections to the proposed A M o'clock (month) when their objections will be heard and given due consideration. Dated this day of (month), (Name) (Department) (Municipality) 1117 3 6 Posting of notice As an alternative to mailing, a notice in the form required in Section 1117.3.5 shall be posted conspicuously in front of the property on which vegetation which must be removed exists or if the property has no frontage upon any highway or road then upon that portion of the property nearest to a highway or road or most likely to give actual notice to the owner. The notices shall be posted not more than 100 feet in distance apart but at least one notice shall be posted on each lot or parcel of land 1117.3.7 Publication of notice. The Clerk of the Governing Body shall publish notice of the hearing once in a newspaper of general circulation printed and published in the County .not less than ten days prior to the date of the hearing when notice is given by means other than that prescribed in Section 1117.3.4. 1117.4 Hearing of Protests 1117 4 1 Appointment of referee. The Governing Body may appoint a referee to hear protests pursuant to the Article. If the Governing Body appoints an officer or employee of the municipality as referee he shall serve without any additional compensation but all time spent as referee shall be deemed and counted as time spent in performing the duties of his compensated position. 1117.4 .2 Hearing objections. At the same time stated in the notices the Governing Body or referee shall hear and consider all objections and protests if any, to the proposed removal of vegetation and may continue the hearing from time to time. 1117.4.3 Report of referee. If the hearing is before a referee, upon the conclusion of the hearing he shall report to the Governing Body his findings and his recommendations as to what obiections if any, should be allowed, and what objections, if any, should be overruled. 1117.4.4 Decision by board. Upon the conclusion of the hearing before itself, or upon receipt of the report of the referee, the Governing Body shall allow or overrule all objections, whereupon the Governing Body shall acquire jurisdiction to proceed and perform the work by removal The decision of the Governing Body on the matter is final. except as provided in Sections 14920 and 14921 of the State Health and Safety Code. 1117.4.5 order for abatement. After final action is taken by the Governing Body on the disposition of any protests or objections or in case no protest or objections are received, the said 23 Governing Body shall order the chief or commissioner to remove the dangerous vegetation. 1117.5 Right of Entry upon Private Property. The chief or commissioner or their assistants deputies employees, or contracting agents or other representatives may enter upon or his representatives to do it. 1117.7 Record and Re ort of Cost. The chief or commissioner shall keep an account of the cost of removing the yea etation_from each vegetation from each separate lot or parcel of land. 1117.7.1 Posting CORY of report Before the report is submitted to the Governing Body or referee a copy shall be posted for at least three days on or near the chamber door of the Governing Body with a notice of the time when the report will be submitted to the said Governing Bodv or referee for hearing on confirmation. 1117 7 2 Hearing on report At the time fixed for receiving and modifications if any, should be made in the report. 1117 7 4 Modification and confirmation of the report. Upon the conclusion of the hearing on the report before itself, or upon receipt of the report of the referee the Governing Bodv may make such modifications in the report of the chief or commissioner as it deems necessary, after Which by order or resolution, the report shall be confirmed. 1117 7 5 Costs of removal The amounts for the cost for removing the vegetation upon the various parcels of land mentioned in the report of the chief or commissioner as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of the respective assessments. 1117 7 6 Collection of expenses. The expenses of removing vegetation shall be collected and assessments shall be canceled or refunded as provided in Article 3 of Chapter 4 of Part_5 of Division 12 of the State Health and Safety Code the provisions of which article are incorporated herein as if set forth herein in full. 1117.8 Joint Proceedings All of the proceedings provided for in this article may be combined with and performed In coniunctlon with proceedings for the abatement of noxious weeds pursuant to Part 5 of Division 12 of the State Health and Safetv Code. 1117.9 Prosecution A person who violates Sections 1117.2, been had or not Proceedings pursuant to Sections 1117.3= 24 1117 .8. inclusive are not a condition precedent to prosecution for violation of Sections 1117.2, 1117.3.2, or 111710. 1117.10 Roadway Clearance. The chief or commissioner may require removal and clearance of all flammable vegetation or other vegetation and growth as required by this section and may charge shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers provided that they do not form a means of readilytransmitting fire. As to provide reasonable fire safety. SECTION 71. Section 1118 is added to the Uniform Fire Code to read as follows: SECTION 1118 - ACTIVITIES IN RAZARDOUS FIRE AREAS 1118.1 Intent The unrestricted use of grass, grain, brush, or forest -covered land in certain hazardous fire portions of the jurisdictional area due to conditions tending to cause or allow the rapid spread of fires which may occur on such lands, or because of the inaccessible character of such lands, is a potential menace to life and property from fire. Therefore, it is the intent of this section to provide necessary safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fires which might be caused by recreational commercial industrial or other activities carried on in any hazardous fire area. 1118.2 Permit Required No person shall establish or conduct any of the following or similar activities in a hazardous fire area without first securing a permit. (a) Recreational activities including but not limited to picnic grounds camps athletic or recreational clubs, athletic fields including grandstands and stadia rifle or archery range, fishing or boating ponds dance hall or pavilion golf courses, resort hotels cabins or motels riding stables, public swimming pools theaters rodeos race tracks carnivals bowling alleys, or similar recreational activities. (b) Temporary commercial or assembly activities including but not limited to temporary stands for the sale of ice cream, beverages and similar items Mobilehome and recreational vehicle parks and other similar facilities. (c) Industrial activities including but not limited to motion picture studios and sets, lumber yards, warehouses, manufacturing and processing plants feed mills and outdoor storage facilities. (d) Construction activities including, but not limited to clearing land erection of buildings, construction of roads, pipelines and utility transmission lines. 1118.3 Application for Permit. Application for perr..it for any 25 such activity shall be made to the chief not less than fifteen (15) days prior to the starting date of such activity. 1118 4 Fire Protection survey Upon receipt of such application the chief shall curve the buildings, j)remises and facilities proposed for such use Prior to issuance of the permit to. mnA cafPauards necessar fire hazard to the area. 1118.5 Notification The applicant shall be notified by the chief of those fire protection facilities and safeguards necessary and a permit shall not be jssued ntil all such facilities and safeguards have been provided. 1118.6 Permit Stipulations The permit shall stipulate the ___�_�.....,. --A caformards necessary tO 1118.7 Fire rr z 1. w facilities -re U, and conditions or limitations_ necessary to maintain reasonable fire safema include but are not limited to the following: a Ade uate water su1 um s hydrants and hose. b Firebreaks as necessar to revent a fire on the remises from s -eading to adjacent brush or rass-covered areas. (c) Posting of "NO SMOKING" signs. (d) Removal of dry grass and eeds form around buildings, w along roadways and automobile arkin areas and other areas accessible to the public or participants of the activity. (e) Provision of approved competent fire safety officers or advisors to act as fire Guards or fire watchers to patrol the coo alcn Section 3210. L rLvvi0i�t. facilities to prevent co- ngeZZ-Mon- of public roads to permit adequate means of egress for evacuation of the public or participants in event of emergency, and to permit movement of fire apparatus and equipment. (q) Restriction or prohibition of activities during periods of high fire hazard weather conditions. (h) Such fencing as is necessary to control the activity. (i) Such other conditions limitations, or provisions necessary to maintain reasonable fire safety_ 1118.8 Restricted Entry on National Forest Land A person shall not enter or be on,,any lands with n the boundaries of the National Forest within Los An a es County which have been closed to entry by the U.S. Forest Service except by..a valid special entry permit issued by a U.S. Forest Service Officer. 111s.9 closure of Public or Private Lands Any portion of public or private.. lands in any haza dous fire area may be closed to the public by the chief at the request of the owners of such public or private lands when in his opinion such closure is_necessary for the orevention of fires. Notice of such closure shall be made by the chief by public announcement and such closure shall be in effect until in the o inion of the chief such closure is no longer necessary for the protection of property against fire 26 Dumping in areas approved by the Fire Department for this use shall not be deemed to be in violation with this section. This section may be enforced by the commissioner. 1118.16 Disposal of Ashes No person shall place, deposit, or dump any ashes or coals in or upon any hazardous fire area t;-- r it r•amn dove. c Ilre iat.;c v1 i„ ---- lid which is kept or maintained in a safe location not less than ten feet form any combustible vegetation or structure or where ' -- -..,.a ._.;+,n r,no f not of vegetation or structure. travel is restricted by a cable nate or sign without the permission of the property owner or owners involved. b No Person s all Park any vehicle so as to obstruct the entrance to any fire road or firebreak. (c) No person shall install or maintain a radio or television aerial or guy wire thereto or any other obstruction on any fire road or firebreak which is less than sixteen feet above such fire road or firebreak. 1118.18 Use of Motorcycle, Motor Scooter, and Motor Vehicles. No person shall operate any motorcycle, motor scooter, or motor .- nr nrivatP_ roads W.Lwi.Lll Culy 11aGaluvaa+ «� ---- per it to do so from the chief. No such Permit shall be issue unless written permission from the property owner is first presented. 1118.19 Hazardous Warning Lights. It shall be unlawful to maintain any torch or lantern utilizing an open flame along an excavation road or any place where the dislodgement of such torch or lantern might Permit same to roll fall or slide onto any rest or brush covered land or any land containing flammable material. SECTION 72. Section 1210.4 of the Uniform Fire Code is amended to read as follows: 1210.4 Stairway Identification. Approved stairway identification signs shall be located at each floor level in all enclosed stairways in buildings four or more stories in height. The sign shall identify the stairway, indicate whether there is roof access, the floor level, and the upper and lower terminus of the stairway. The sign shall be located approximately 5 feet above the floor landing in a position which is readily visible when the door is in the open or closed position. In setting the requirements for stairway identification signs Appendix I C shall be used The provisions shall apply to new and existing buildings. SECTION 73. Section 1303.3.7 is added to the Uniform Fire Code 28 to read as follows: 1303 3.7 Hi h -Rise Occu ancies. _ -,I-" A nre- lin= LL "This is a .r.,A It M concluded. added to the Uniform Fire Code to SECTION 74. Section 2403.6 is read as follows: ��>> he marked in accordance with helicopter load limits. SECTION 75. Section 2501.4 of the Uniform Fire Code is amended to read as follows: Emergency 2501.4 Supervision and Notification 2501.4.1 Supervision. Places of assembly shall beremasesthe during constant supervision of a competent adult onub e p the time that the premises are open to the p this Sufficient emlo ees whenthe bema�aisudervisorviseabsent an SUP s• t ��h,o of nrovidina the supervision of 130-Cffff,.,iet4ea Emergency Notification. When required by 2501.4.2 provided with a the chief, places of assembly shall be method or ent of an emergency. Eur notifying the fire department in the ev},.a This -MAY be b tele one chief. Methods of notifying the fire department shall be readily available to the public. SECTION 76. Section 2503.2 of the Uniform Fire Code is amended 29 to read as follows:chairs 2503.2 Ground Seats. When more than 500 loose chairs are used 1i1 i connection with ubsoan fotmlessbi ethan nven sthree and shall be fastened together in group shall be tied or staked to the ground. SECTION 77. Section 3207 of the Uniform Fire Code is amended to read as follows: SECTION 3207 - FLAMS and tops TofRall MNtentss,DSTANDARDS canopies The sidewalls, ire temporary membrane structures,. Ffloor coverings, bunting, flammable decorations or eff Sctshall sawdust when used on the floors or passageway including meet the standards n -Ac of Reaulations Cha ter 8 for flame retardancy-- SECTION 78. Section 3210 of the Uniform Fire Code is amended to read as follows: FIRE SAFETY OFFICERS SECTION 3210 - to safeguard the premises shall be Qualified persons necessary roved by the chief. provided as required and app SECTION 79. Section 3404 of the Uniform Fire Code is amended to read as follows: SECTION 3404 - FIRE pARAThall ACCESS ROADS Fire apparatus access roads sauce wiconstructed Section 902.2. maintained -Aisles Or throughout the site in accord an to ermit reasonable access for assa ewa s shall be firefi htin o erations. SECTION 80. Section 3504.4 of the Uniform Fire Code is amended to read as follows: Section 3504.4 Hazardous Mateshall•not zbedused, materials, stored, includinct flammable a - displayed in a mall.combustible • EXCEPTIONCarcinogens, irritants, sensitizers, liquids and Class I oxidizers. SECTION 81. Section 3506 of the Uniform Fire Code is amended to read as follows: SECTION 3506 - TEMPORARY PLACES OF ASSEMBLY is used as a When the mall area, or any Portion temporary place of assembly, such area shall be in accordance with Article 25. the 3506.1 Occupant load. The ancet facilities shall limit establish the number of persons in 3506.2 Exit facilities. The chief hatsthetcovered mallbuilding conditions necessary the assembly tenants do not have their exits obstructed by shall be the responsibility of thecoveredwithdthe lconditions nrequired provide adequate personnel to complywith by the chief. The�exit�fcpmblvlof Title 19es shall mand Tit et24 of the 30 code. com 1 with the rcw1.�1�...`-- Title 24 of the California Code of Re ulations. SECTION 82. Section 4502.1 of the Uniform Fire Code is amended to read as follows: ra finishing Operations. When conducted in 4502.1 Location of Sp Y_ finishing buildings used for assembly, educational, institutional or residential occupancies, spray -finishing operations tituti shall be roved automatic located in a spraying room protected with an app fireextinauishina system and separated vertically and horizontally from other areas in accordance with Building Code In other occupancies, spray finishing operations shall be conducted in a spray booth, spraying area or spraying room Limited spraying areas for touch-up or approved for such use. of painting may be approved by the chief, provided they meet spot See Section 4502.- the requirements of Article 45. Se Code is amended SECTION 83. Section 4502.2.5 of the Uniform Fire to read as follows:lates or filters shall be 4502.2.5 Baffles. If installed, baffle p removable or accessible to of noncombustible material readily of facilitate cleaning and designed to provide aofeven flow before air through the booth and to prevent the deposit it enters the exhaust duct. Baffle plates or filters shall not be installed in the exhaust SECTION 84. Section 4503.1 of the Uniform Fire Code is amended to read as follows: Tank Operations. When conducted in 4503.1 Location of Dip institutional or residential buildings used for assembly, occupancies, dip tank operations shall be located in a room se, protected with an approved automatic designed for the purpo fire extinauishina system, and separated vertically an horizontally from other areas in accordance with the Building Code. SECTION 85. Section 4506.2 of the Uniform Fire Code is amended to read as follows: Spraying Section 4506.2 Use of Organic Peroxide Coaeto gidessandyother dual - operations involving the use of organic s. p a component coatings shall be conducted in spray boothsoeandimeeting thevrequirements ofSection fire extinguishingsystem 4502. Section 4902.5 is added to the Uniform Fire Code to SECTION 86. read as follows: n.,.,,-.,c,pr9 nrotective devices shall b4 installed in L11C Lu- "" - n the fuel s stem and backflow in the fuel an iox accordance with nationall reco cognized safe ractice. 31 SECTION 87. Section 5201.6.1 of the Uniform Fire Code is amended to read as follows: - 5201.6.1 General. The dispensing of fuel into the fuel tanks of automobile, marinecraft or aircraft, or portable containers shall be under the supervision of a qualified attendant at all -times. A'sred--4'spena*fiq-0f- flammable and eemb stible liquids, jp gas and CMG arl-jewed in aeeerdanee—r—Seet-ien ' , 2„2,5229 and SECTION 88. Section 5201.6.3 of the Uniform Fire Code is deleted in its entirety as follows: -A dispensing _JS 5201.6 3 l the ewnef eP eperaterproyides, and SECTION 89. Subsection 5202.3.6 (6) of the Uniform Fire Code is amended to read as follows: 6. Tanks containing Class I, II or III -A liquids inside a special enclosure shall not exceed 6898 1000 gallons individual or 18999 2000 gallons aggregate capacity for installations within 1000 feet of schools, hospitals nursing homes day care centers, or any high life hazard occupancy. In all other areas the maximum tank size shall be as approved by the chief. In no case shall the tank size exceed 6000 gallons individual or 18,000 gallons aggregate capacity. SECTION 90. Section 5202.4.1 of the Uniform Fire Code is amended to read as follows: 5202.4.1 Aboveground tanks. Class I and Class II liquids shall not be dispensed into the fuel tank of a motor vehicle from aboveground tanks except when such tanks are installed inside special enclosures in accordance with Section 5202.3.6. Seealso Appendix !I -F. SECTION 91. Section 5202.4.4 of the Uniform Fire Code is amended to read as follows: 5202.4.4 Supervision. T the r in Seet len S2G dispe ' g egpment used at unsupefyised sha-1-1 32 eel r 2. Dispensing iey! ,anintericupted Feel r . See Section 5201.6.1. SECTION 92. Section 7701.3.3 is added to the Uniform Fire Code to read as follows: 7701.3.3 Fees. The fee for issuance of a ermit under this section shall in all cases be twelve dollars ($12.001. In cases in which the auantitof explosives is one hundred pounds or less the sum of one dollar 1.00 shall be deposited into the state treasur u on issuance of a permit. In all other cases the sum of five dollars 5.00 shall be deposited into the state treasury. SECTION 93. Section 7702.1.9 of the Uniform Fire Code is amended to read as follows: 7702.1.9 storage with other materials. Magazines shall be used exclusively for the storage of explosive materials and other blasting agents approved by the chief. Tools, other than approved conveyors, shall not be stored in magazines. Items of hardware which contain igniters detonators propellants or explosives shall not be stored in the same magazine with other explosives. _. ,...;..o� `.rhirh are subiect to mass detonation such as teaa aziue 1Cau •- - black Powder shall not be stored with other ex losives. EXCEPTION: Black sporting owder may be stored with smokeless sporting owder in retail commercial stores when quantities are limited to those allowed in Section 7702.2.1.1 with the approval of the chief. SECTION 94. The heading of Section 7702.2 of the Uniform Fire Code is amended to read as follows: 7702.2 n ` ' c'lzea Gunpowder for Retail Sales SECTION 95. Section 7703.1.2 of the Uniform Fire Code is amended to read as follows: lifications. The person in charge of the 7703.1.2 Personnel Qua handling and use of explosive materials shall be at least 21 years of age the ehief, licensed by the State of California as a blaster,_and possess a valid explosive -use permit issued by the chief. EXCEPTION: Persons 18 years of age or older are allowed to use and handle explosive materials under the direct personal supervision of a person who possesses a valid explosive -use permit. 33 SECTION 96. Section 7901.3.1 of the Uniform Fire Code is amended by adding a subsection 6 to read as follows: _ Allow a tank car to remain on a siding at tthe oinof 6. deliver while connected for transfer o erations. Transfer operations shall be in accordance with DOT requirement ; and this code. SECTION 97. Section 7902.1.3.2 of the Uniform Fire Code is amended to read as follows: 7902.1.3.2 Label or placard. Tanks over 100 gallons in capacity permanently installed or mounted and used for the storage of Class I, II or III-a liquids having a health or reactivity degree zard of 2 or more or a flammability rating of 4 shall bear a of ha label or placard identifying the material therein in accordance with U.F.C. Standard 79-3. EXCEPTIONS: 1.Tanks of 300 gallons capacity or less located on private property and used for heating and cooking fuels in single -family dwellings. 2. Tanks located underground. SECTION 98. Section 7902.1.8.1.2 of the Uniform Fire Code is amended to read as follows: 7902.1.8.1.2. Use of tank cars and tank vehicles as storage tanks. Tank cars and tank vehicles shall not be used as storage tanks. Unloadin or transfer o erations from tank vehicles or railroad tank cars shall be in accordance with Section 7904.5.4.3.. SECTION 99. Section 7902.1.8.2.2 of the Uniform Fire Code is amended to read as follows: 7902.1.8.2.2 Use of tank cars and tank vehicles as storage tanks. Tank cars and tank vehicles shall not be used as storage tanks. Unload ng or transfer o erations from tank vehicles or railroad tank cars shall be in accordance with Section 7904.5.4.3. SECTION 100. Section 7902.2.2.4 of the Uniform Fire Code is amended to read as follows: 7902.2.2.4 Location of tanks for boilover liquids. Aboveground tanks for storage of liquids with boilover characteristics shall be located in accordance with Table 7902.2-C. Shell to shell spa inbetween tanks shall not be less than the diameter of the largest tank. SECTION 101. Section 7902.2.4.1 of the Uniform Fire Code is amended to read as follows: freafn 7902.2.4.1 Required systems. ' epe -than pre -red shell: 1,ess than 5111 Feet ijF*i3j:d surrfaee area i-- and is! liqui i. used fer 34 F'nery as herein to --...7I etc 4. Genside a ehief as presenting an Cm re ent All tanks exceeding 1500 square feet of liquid surface area used for the storage of Class I or Class II flammable liquids shall be provided with foam fire protection. EXCEPTIONS 1 Tanks with floating roofs for storaae of crude oil exceeding 1500 square feet of liquidsurfacearea and less than 12.300 square feet of liquid surface area shall have foam fire protection only for the seal area. 2 Other floating roof tanks or pressure tanks operating at or above 1 -pound -per square inch gauge. SECTION 102. The second paragraph of Section 7902.2.8.3.3 of the Uniform Fire Code is amended to read as follows: The walls of the diked area shall not be higher than 6 feet above the exterior grade. The walls of the diked area shall be restricted to an average height of 6 feet above the interior grade, except when dikes are higher than an average of 6 feet above interior grade, provisions shall be made for normal and necessary emergency access to tanks, valves and other equipment and safe egress from the diked enclosure as follows: SECTION 103. Section 7902.5.11.8 is added to the Uniform Fire ' Code to read as follows: 7902.5.11.8 Construction The construction of liquid storage rooms shall be in accordance with the Building Code and have a minimum of one exterior wall having a door providing fire fighting access. SECTION 104. Section 7904.2.5.5.1 of the Uniform Fire Code is amended to read as follows: 7904.2.5.5.1 General. Tanks shall be provided with top openings only er shall be elevated ;}. a, eh n . Y7 .. SECTION 105. Section 7904.2.5.5.3 of the Uniform Fire Code is deleted in its entirety as follows: 2. ihaI4—iq�e equipped with ted--ad-}a eefr} te the tank she ll wl.-.4-eh will eleseef f eetiye heat aetaated releasing, -1---7—. if this valve eannet eperated i appreyed hese equipped- with a self valve at the diseharge 35 SECTION 106. Section 7904.3.2.4 is added to the Uniform Fire Code to read as follows: 7904.3.2.4 zoningre ulations. The ermit for an new well shall be issued only after it has complied with applicable elannine and zoning regulations. SECTION 107. Section 7904.3.10 is added to the Uniform Fire Code to read as follows: 7904.3.10 Permits. For oermits to drill own operate or maintain an oil or natural gas well, see Section 105.8. No person shall drill own operate or maintain any oil or natural gas well without a permit. Each oil or natural as well ermit shall be valid only for the calendar year for which issued The r)ermit fee shall be forty eight ($48.00) dollars..There shall be no charge for renewals. SECTION 108. Section 7904.4.1 of the Uniform Fire Code is amended to read as follows: 7904.4.1 General. Portions of properties where flammable and combustible liquids are received by tank vessels, pipelines, tank cars or tank vehicles and are stored, e -r blended or transferred in bulk for the purpose of distributing such liquids by tank vessels, pipelines, tank cars, tank vehicles or containers shall be in accordance with Section 7904.4. SECTION 109. Section 7904.5.2.2 of the Uniform Fire Code is amended to read as follows: 7904.5.2.2 Location. Loading racks dispensing Class I, II or III -A liquids shall be separated from tanks, warehouses or other plant buildings any source of ignition, and the nearest property line of a property that can be built on by a clear distance of not less than -2-5 100 feet, measured from the nearest fill stem. Buildings for pumps or for shelter of loading personnel are allowed to be part of the loading rack. This distance may be reduced to 25 feet if loading racks are provided with a fixed fire protection system or are dispensing only combustible liquids Buildings for pumps or for shelter of loading personnel may be part of the loading rack. SECTION 110. Section 7904.5.4.2.1 of the Uniform Fire Code is amended to read as follows: 7904.5.4.2.1 General. Class I, II or III liquids shall be transferred from a tank vehicle or tank car only into an approved atmospheric tank or approved portable tank, except as provided in Sections 7904.5.4.2.2 through 7904.5.4.2.6. Class I, II or III liquids shall not be transferred from a tank vehicle or tank car into the cargo tank of another tank vehicle or tank car. Exception In an emergency, Class I II or III liquids may be transferred from a tank vehicle or tank car to the cargo tank of another tank vehicle or tank car when approved by the chief. 36 SECTION 111. Section 7904.5.4.3 of the Uniform Fire Code is amended to read as follows: 7904.5.4.3 Time limit or unloading and permit. Tank vehicles and railroad tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Tank cars shall be unloaded only on private sidings or railroad siding facilities equipped for transferring the liquid between tank cars and permanent storage tanks. Unle55 ethe n:i'- i1124 heulas lo eenneeted fems--t-ra-ns A permit shall be required for a tank car to remain on a siding at the Point of delivery while connected for transfer operations Transfer operations shall be in accordance with DOT requirements and this code. SECTION 112. Section 7904.6.3.14 is added to the Uniform Fire Code to read as follows: 7904.6.3.14 Transfer of Cargo Class I II or III .liquids shall not be transferred from a tank vehicle or tank car into the cargo tank of another tank vehicle or tank car. EXCEPTION In an emergency, Class I II or III liquids may be transferred from a tank vehicle or tank car to the cargo tank of another tank vehicle or tank car when approved by the chief. SECTION 113. Table 7902.1-A of the Uniform Fire Code is amended to permit the following quantities of flammable and combustible liquids in glass containers: Class I -A; 1 pint Class I -B; t 1 pint Class I -C; -en 1 pint Class II;-gaeA 1 quart Class III; gallens 1 gallon SECTION 114. Section 8001.3.1 of the Uniform Fire Code is amended by adding the following paragraph to the end of the section to read as follows: A permit shall be required for tank vehicles and railroad tank cars to remain on a siding indoors or outdoors at the _point of delivery while connected for transfer operations_. Transfer operations shall be in accordance with DOT requirements and this code. SECTION 115. Section 8001.3.2 of the Uniform Fire Code is amended to read as follows: 8001.3.2 Hazardous` ' } P , . When h utreed by 6- inelude -a 4. beeat of emergeney and Mit cJatie 37 deyiees, i lines, and See alse I., Hazardous materials business plan. 8001.3.2 1 Application Each application for a permit required _ _ _ ___ a-..- 4 - ,=lc hI7G7nASS of this code. 8001 3.2.2 RORortinQ Evert/ business shall comply with the reporting requirements as set forth In Part 2 of Chapter 2.20 of Title 2 of this code. SECTION 116. Section 8001.3.3 of the Uniform Fire Code is amended to read as follows: �� 8001.3.3 Hazardous materials inventory statement. en required i—Er Each application for a permit required by this article shall include a hazardous materials inventory statement (HMISI In accordance with Part 2 of Chapter 2.20 of Title 2 of this code. SECTION 117. Section 8001.3.4 is added to the Uniform Fire Code to read as follows: 8001 3 4 Risk management and prevention program. Every business shall comply with the requirements as set forth in Part 2 of Chapter 2.20 of Title 2 of this code. SECTION 118. Section 8001.3.5 is added to the Uniform Fire Code to read as follows: 8001.3.5 Emergency information. Hazardous materials business plans risk management prevention programs and hazardous materials inventory statements shall be posted in an approved location and immediately available to emergency responders. The chief may require that the information be posted at the entrance to the occupancy or property. SECTION 119. Section 8001.4.2 of the Uniform Fire Code is amended to read as follows: 8001.4.2 Design and construction of containers, cylinders and tanks. Containers, cylinders and tanks shall be designed and constructed in accordance with nationally recognized standards. See Article 90 and Section 101.3. Containers, cylinders, tanks and other means used for transporting hazardous materials shall be of an approved type. Tank vehicles and railroad tank cars shall not be used as storage tanks Indoor unloading or transfer operations from tank vehicles or railroad tank cars shall be In accordance with Section 8004.2. Outdoor unloading or transfer operations shall be in accordance with Section 8004.3. 38 SECTION 120. Section 8001.9.3.1 of the Uniform Fire Code is amended to read as follows: 8001.9.3 Protection from vehicles. Guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicle damage. When guard posts are installed, the posts shall be: 1. Constructed of steel not less than 4 inches in diameter, 6 inches if heavy truck traffic is anticipated, schedule 40 steel, and concrete filled. 2. Spaced not more than 4 feet between posts on center. 3. Set not less than 3 feet deep in a concrete footing of not less than a 15 -inch diameter. 4. Set with the top of the posts not less than 3 feet above ground. 5. Located not less than 5 feet from the tank. SECTION 121. Section 8001.13.1 of the Uniform Fire Code is amended to read as follows: 8001.13.1 General. Exempt amounts shall be as specified in Section 8001.13.2 and Tables 8001.13-A through 8001.13-D. Storage, dispensing, use and handling of hazardous materials in quantities exceeding exempt amounts shall be in accordance with Sections 8001, 8003, and 8004. Tank vehicles and railroad tank cars shall not be used as storage tanks Indoor unloading or transfer operations from tank vehicles or railroad tank cars shall be in accordance with Section 8004.2. Outdoor unloading or transfer o erations shall be in accordance with Section 8004.3. Storage, dispensing, use and handling of hazardous materials in quantities not exceeding exempt amounts shall be in accordance with Section 8001. Where exempt amounts are indicated in pounds (kilograms), a conversion of 10 pounds per gallon shall be used. For retail and wholesale display, see Section 8001.12. SECTION 122. Section 8003.9.1.1 of the Uniform Fire Code is amended to read as follows: 8003.9.1.1 General. Indoor storage of unstable (reactive) materials in amounts exceeding the exempt amounts set forth in Section 8001.13 shall be in accordance with Sections 8003.1 and 8003.9.1. In addition, Class 3 and 4 unstable (reactive) detonatable materials shall be stored in accordance with the Building Code requirements for explosives and Article 77 of this code. Retail display of unstable(reactive) materials shall be in accordance with Section 8001.12. SECTION 123. Section 8003.13.1.4 of the Uniform Fire Code is amended to read as follows: 8003.13.1.4 storage conditions. The maximum quantity and storage arrangement of radioactive materials to be stored in buildings or rooms designed for such purposes shall be in accordance with the requirements of the Nuclear Regulatory Commission, state and local nt-s authorities. Storacte handling and use of radioactive -materials in Group H Division 8 Occupancies shall 39 comply with the radiation control regulations of the Department of Health Services as found in Title 17 California -Code of Regulations. SECTION 124. Section 8004.1.19 is added to the Uniform Fire Code to read as follows: 8004 1 19 Bulk plant or terminal Gases or liquids having a hazard ranking of 3 or—4 in accordance with U.F.C. Standard 79-3 shall not be transferred from a tank vehicle or tank car into the cargo tank of another tank vehicle or tank car. EXCEPTIONS In an emergency, gases or liquids having a hazard rating of 3 or 4 may be transferred from a tank vehicle or tank car to the cargo tank of another tank vehicle or tank car when approved by the chief. SECTION 125. Section 8004.2.3.7.1 of the Uniform Fire Code is amended to read as follows: 8004.2.3.7.1 Ventilation and storage arrangement. Compressed gas cylinders shall be within gas cabinets, exhausted enclosures or gas rooms. Portable or stationary tanks shall be within gas rooms or exhausted enclosures. Tank vehicles or railroad tank cars engaged in the use or dispensing of toxic or highly toxic gases shall be within a ventilated separate gas storage room or placed within an exhausted enclosure. SECTION 126. Section 8004.3.6.1 of the Uniform Fire Code is amended to read as follows: 8004.3.6.1 Ventilation and arrangement. When stationary or portable cylinders, containers) er pertable tanks, railroad tank cars or tank vehicles are ased located outdoors for dispensing or ' use of toxic or highly toxic gases, gas cabinets or exhaust enclosures shall be provided. SECTION 127. Section 8101.3.1 of the Uniform Fire Code is amended to read as follows: 8101.3.1 Permits. For a permit to use a building for high -piled combustible storage, see Section 105, permit h.3. Before racks_ beakept on - the premises and is subject to inspection by an officer of the fire department at all times. SECTION 128. Section 8204.4 of the Uniform Fire Code is amended by adding a sentence to the last paragraph to read as follows: Where one of these forms of protection is provided, the separation shall not be less than 25 feet between container groups. At multi container installations the aggregate capacity of the containers shall be used to determine minimum distances to the buildings or adjoining property lines. SECTION 129. Section 8204.5 is added to the Uniform Fire Code to read as follows: 8204.5 Tank car and tank vehicle stations. Tank car and tank vehicle bulk loading and unloading stations shall be located not less than one hundred feet from buildings source of ignition, or 40 adjoining property lines that may be built upon. SECTION 130. Section 8204.6 is added to the Uniform Fire Code to read as follows: 8204.6 Container orientation Unless special protection is provided and approved by the chief, containers of liquid petroleum gas shall be oriented so that the longitudinal axes do not point toward other liquid petroleum containers. vital process equipment control rooms loading stations_ or flammable liquid storage tanks. SECTION 131. Section 8206.1 of the Uniform Fire Code is amended to read as follows: 8206.1 Attendants. Dispensing of LP -gases shall be performed by a qualified attendant. Self-service LP -Gas dispensing oven to the public is prohibited. SECTION 132. Section 8210 of the Uniform Fire Code is amended to read as follows: SECTION 8210 - PROTECTING CONTAINERS FROM VEHICLES When exposed to probable vehicular damage due to proximity to alleys, driveways or parking areas, LP -gas containers, regulators and piping shall be suitably protected by crash posts in accordance with Section 8001.9.3. SECTION 133. Section 8705.2 of the Uniform Fire Code is amended to read as follows: 8705.2 Fire protection systems. When the building is protected by fire -protection systems, such systems shall be maintained operational at all times during alteration. When alteration requires modification of a portion of a fire - protection system, the remainder of the system shall be kept in service. When it is necessary to shut down the entire system, a fire watth standby personnel shall be kept on site until the system is returned to service. SECTION 134. Section 8706.6 of the Uniform Fire Code is amended to read as follows: 8706.6 FiTe Wat Standby Personnel. when required by the chief for building demolition which is hazardous in nature, qualified personnel shall be provided to serve as a-n on-site fiFe "-+"l. standby personnel. The sole duty of fire wa te`' such standby personnel shall be to watch for the occurrence of fire. SECTION 135. Article 89 is added to the Uniform Fire Code to read as follows: ARTICLE 89 - INFRACTIONS 8901.1 In accordance with Section 103.4.7 the violation of the following sections or subsections shall be infractions: Section or Subsection Subject matter 41 105 Failure to obtain permit 1001.6.2 Hydrant use approval - 902.2.4.2 Trespassing on a closed road 902.2.4.1 Obstruction of fire protection equipment 902.2.4.1 Obstructing access roadway 901.4.4 Building numbering 1003 Fire extinguishers 1115.3 Fire prevention regulations - marina 1115.5 Portable fire protection equipment 1115.7 Access 1102.3 Open fires 1109.5 Discarding burning objects 1109.6 Hot ashes and other dangerous materials 1103.3 Combustible waste - Storage within buildings 1105 Asphalt kettles 1109.3.2.1 sweating pipe 1115.3 (2) Open flame device - Boat or marina 1117.2 Clearance of brush - Structure 1117.2.3 Clearance of brush - Extra hazard 1118.17 Fire roads and firebreaks 1207.3 Door-lockimL devices 1207.6 Exit doors readily distinguishable 1210.3 Stairway - Storage under 1212.4 "Exit" sign illumination - maintenance of 1001.5.1 Failure to maintain alarm system 1001.5.2 Failure to notify Fire Department 2401.9 "No Smoking" signs within aircraft hangars 2903.4.2 Waste oil storage 1109.4 "No smoking" sign 3005.2 Lumber yards - Weeds 3004.2 Lumber yards - Housekeeping 3213 Exit sign illumination 3219.2 Housekeeping - Vegetation 3219.3 Housekeeping - Flammable material storage 3404 Access to area 4501.4 Smoking prohibited 4501.5 Welding warning signs 4502.3.3 Discarded filter pads 4502.0.2 Portable fire protection equipment 4502.9 Operations and maintenance 4502.9.6 Combustible debris and metal waste cans 4503.7.1 Portable fire extinguisher 4503.8.5 Dip tank covers 4504.3.2 Signs - "Dangerous" 4504.4 Maintenance - Electrostatic apparatus 4505.6.1 Maintenance - Powder coating 4506.6 "No smoking" sign 4606.2 "No smoking" - Fruit ripening room 4607 Housekeeping - Fruit ripening room 5201.7 Safety rules 7401.5.1 Storage containers - Identification 7401.6 Storage and use of cylinders 7505.4 Cryogenic tank truck - Wheels chocked 7506.2 Cryogenic tank truck - Chock blocks 7607 General requirements (smoking) 42 7902.5.3 Empty containers 7904.3.2.1 Smoking - 7904.6.4 No smoking 7904.4.6 "No smoking' sign 7904.4.8 Fire protection 7901.7.2 Housekeeping 7901.1.3.1 Smoking 1103 haste combustibles 3601.6 Fire extinguisher - Dry cleaning plant 3601.7 No smoking - Dry cleaning plant 8003.1.2 Hazardous materials liquid signage 8003.1.17 Combustible materials - Clearance 8004.1.9 Hazardous materials liquid - Dispensing, use and handling, signage 8004.3.5 Combustible materials - Clearance 8208 "No smoking" signs - LPG container 8209 Combustible material - Clearance from LPG container 8506 Extension cords SECTION 136. The Appendix of Section 9002 of the Uniform Fire Code is deleted in its entirety as follows: nnnn T 11-F 7 T 77V7.3.3 and -i TS'1 1 F G e et i ei"IS— 4. 1, 5 1 and 5.4 Testing Regtiremen-ts--=er Preteeted Meter Vehiele Fuel S t e iia g e Tanks SECTION 137. Section 9003 of the Uniform Fire Code is amended by adding the following standards: a.7. ALLIANCE OF AMERICAN INSURERS 20 North Wacker Drive Chicago, IL 60606 a.8. AMERICAN INSURANCE ASSOCIATION 85 John Street New York, NY 10038 Branch Offices: 120 S LaSalle Street Chicago, IL 60603 465 California Street San Francisco, CA 94104 1701 K Street N W. Washington, DC 20006 a.9. AMERICAN INSURANCE ASSOCIATI01, RESEARCH REP0RTS No 1 Fire Hazards of the Plastic Industry, M65. No 2 Potential Hazards in Molten Salt Baths for Heat Treatment of Metals, M65. No 5 Processes Hazards and Protection Involved in the Manufacture of Spirituous Liquors, 016. No 7 Precautionary Fire and Explosion Safeguards in the use of Chlorine Dioxide for Industrial Bleaching. M75. No 9 Fire and Explosion Hazards of Thermal Insecticidal Fogging. M40. No 10 Mechanism of Extinguishment of Fire by Finely Divided Water. No 11 Fire and Explosion Hazards of Organic Peroxides. No. 12 Nitroparaffins and their Hazards. 43 c.l. COMPRESSED GAS ASSOCIATION, INC. 1725 Jefferson Davis Highway, Suite 1004, Arlington, VA 22202-4100 CGA PAMPHLETS c.l.l C-7 Guide to the Precautionary Labeling and Marking of Compressed Gas Containers c.1.2 G-1 Acetylene c.1.3 G-2 Anhydrous Ammonia c.1.4 G-3 Sulphur Dioxide c.1.5 G-4 Oxygen c.1.6 G-5 Hydrogen c 1 7 P-1 Safe Handling of Compressed Gases c.1.48 P-2 Characteristics and Safe Handling of Medical Gases c 1 9 V-5 Diameter -Index Safety System c.2. CHEMICAL MANUFACTURERS ASSOCIATION 1825 Connecticut Avenue N.W. Washington, DC 20009 CMA Safety Data Sheets. d.l. DEPARTMENT OF TRANSPORTATION 400 Seventh Street S.W. Washington, DC 20590 Title 49. Chapter 1, 1970. f.2. FERTILIZER INSTITUTE 1015 18th Street N.W. Washington, DC 20006 Definition and Test Procedures for Ammonium Nitrate Fertilizer. i.2. INDUSTRIAL RISK INSURERS 85 Woodland Street Hartford, CT 06102 i.3. INSTITUTE OF MAKERS OF EXPLOSIVES 1575 I Street N.w Suite 550 Washington, DC 20005 i.4. IME PAMPHLETS No. 1 Standard Storage Magazines. No 20 Radio Frequency Radiation Hazard in Use of Electric Blasting Caps. n.2. NATIONAL FIRE PROTECTION =SSOCIATION Post Office Box 9101, Bat:erymarch Park, Quincy, MA 02269 NFPA STANDARDS Volumes 1 through 9 n. -2. 1: 49 &ter -age and Handling ef C-ellulese Nitrate Matien. Pietur-e Film n.2.2---595 Fi-res€ety Standard €er Rewered i„dust-rialTruejee n.2.3 ?-91 Standard Meths of Fire Tests €er Flame- Resistant lam—Resistant Textiles and Films n.2.4 793 Standard fer Fi:fe fetar-dant impregnated Weed and Fire Retardat Gea-t I n g s f er B__ l a_w J a} e r_ a 1,-.,., tut s.2. SUPERINTENDENT OF DOCUMENTS 44 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE AND AMENDING THE LOS ANGELES COUNTY CODE, TITLE 32, FIRE CODE; AMENDING TITLE 16 OF THE DIAMOND BAR CITY CODE; AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 16.00 (Uniform Fire Code) of Title 16 (Fire Safety) of the Diamond Bar City Code is amended to read: ,,Sec. 16.00.010 Fire Code Adopted. Except as hereinafter provided, Title 32, Fire Code of the Los Angeles County Code, adopted on December 7, 1995, adopting and amending the Uniform Fire Code, 1994 Edition, printed and published by the International Fire Code Institute, the International Conference of Building Officials and the Western Fire Chiefs Association, including Appendices I -C and V-A and excluding all other appendices, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Diamond Bar. A copy of Title 32 of the Los Angeles County Code, along with a copy of the Uniform Fire Code, 1994 edition, has been deposited in the office of the City Clerk of the City of Diamond Bar and shall be at all times maintained by the Clerk for use and examination by the public. Sec. 16.00.020 Amendments Notwithstanding the provisions of Section 16.00.010, the Fire Code is amended by deleting Sections 103.4.7 and 103.4.8 and Articles 89 and 100. Sec. 16.00.030 Violations and Penalties a. Any person violating any provision of the Fire Code shall be deemed guilty of a misdemeanor, unless such violation is otherwise declared to be an infraction by Section 16.00.040, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Fire Code is committed, continued or permitted, and upon conviction for any such violation such person shall be punishable as provided for in Title 1 of this Code. For the purposes of this section, a forfeiture of bail shall be equivalent to a violation. b. Any person who personally or through another wilfully, negligently, or in violation of law sets a fire, allows a fire to be set, allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with the Fire Code or with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the Fire Chief, or wilfully or negligently allows the continuation of a violation of the Fire Code shall be liable for the expense of fighting the fire, or for all costs associated with the control and mitigation of a hazardous materials incident, or for the expenses incurred while obtaining compliance with the written order of the Fire Chief, or for the expenses incurred in obtaining compliance with the continuing violation of the Fire Code, and such expenses shall be a charge against that person. Sec. 16.00.040 List of Infractions In accordance with Section 16.00.030, the violation of the following Sections or Subsections of the Fire Code shall be infractions: Section Offense 105.8 Failure to obtain permit 901.4.4 Building numbering 902.2.4.1 Obstructing access roadway 902.2.4.2 Trespassing on a closed road 1001.5.1 Failure to maintain alarm system 1001.5.2 Failure to notify Fire Department 1001.6.2 Tampering with fire hydrant 1003 Fire extinguishing systems 1102.3 Open fires 1103 Waste combustibles 1105 Asphalt kettles 1109.3.2.1 Sweating pipe 1109.4 "No smoking" sign 1109.5 Discarding burning objects 1109.6 Hot ashes and other dangerous materials 1115.3 Fire prevention regulations - Marina 1115.5 Portable fire protection equipment -Marina 1115.7 Access - Marina 1117.2 Clearance of brush - Structure 1118.17 Fire roads and firebreaks 1207.3 Door -locking devices 1207.6 Exit doors readily distinguishable 1210.3 Stairway - Storage under 1212.4 "Exit" sign illumination 2903.4.2 Waste oil storage 3004.2 Lumber yards - Housekeeping 951212 10572-00001 amo 1101316 0 — 2 — 3005.2 Lumber yards - Weeds 3213 Exit illumination 3219.2 Housekeeping - Vegetation 3219.3 Housekeeping - Flammable material storage 3404 Access to area 3601.6 Fire extinguisher - Dry cleaning plant 3601.7 No smoking - Dry cleaning plant 4501.4 Smoking prohibited 4501.5 Welding warning signs 4502.3.3 Discarded filter pads 4502.8.2 Portable fire protection equipment 4502.9 Operations and maintenance 4503.7.1 Portable fire extinguisher 4503.8.5 Dip tank covers 4504.3.2 Signs - "Dangerous" 4504.4 Maintenance - Electrostatic apparatus 4505.6.1 Maintenance - Powder coating 4506.6 "No smoking" sign 4606.2 "No smoking" - Fruit ripening room 4607 Housekeeping - Fruit ripening room 5201.7 Safety rules 7401.5.1 Storage containers - Identification 7401.6 Storage and use of cylinders 7505.4 Cryogenic tank truck - Wheels chocked 7506.2 Cryogenic tank truck - Chock blocks 7607 General requirements (smoking) 7901.7.2 Housekeeping 7902.5.3 Empty containers 7904.3.2.1 Smoking 7904.4.6 "No smoking" sign 7904.4.8 Fire protection 7904.6.4 No smoking 8003.1.2 Hazardous materials signage 8003.1.17 Combustible materials - Clearance 8004.1.9 Hazardous materials - Dispensing, use and handling - Signage 8004.3.5 Combustible materials - Clearance 8208 "No smoking" signs - LPG container 8209 Combustible material - Clearance from LPG container 8506 Extension cords." Section 2. Section 16.04.010 (Sale, use, or discharge prohibited) of Chapter 16.04 (Fireworks) of Title 16 (Fire Safety) of the Diamond Bar City Code is amended to read: "Sec. 16.04.010. Sale, use, or discharge prohibited. Notwithstanding the provisions of Section 16.00.010 of this Title, it shall be unlawful for any person to sell, use, or 951212 10572-00001 amo 1101316 0 — 3 — discharge any fireworks within the City, including, but not limited to, safe and sane fireworks, as that term is defined in Health and Safety Code Section 12529, as the same may be amended from time to time hereafter." Section 3. The City Council hereby finds, determines and declares that the changes and modifications to the California Fire Code, 1995 Edition, that have been enacted by this Ordinance are merely a continuation of similar changes and modifications made to earlier editions of such code, and all of such changes and modifications, whether previously enacted or enacted in this Ordinance, are reasonably necessary for the protection of the health, safety, and general welfare of the residents of the City due to local climatic, geological and topographical conditions. In particular, the local climate is characterized by hot, dry summers, followed by strong Santa Ana winds and heavy winter rains. These climatic conditions, along with the relatively hilly topography of the City, make buildings and structures in the City particularly vulnerable to rapidly spreading, wind - driven fires. Section 4. All inconsistencies between the Fire Code, as adopted by this Ordinance, and the 1995 edition of the California Fire Code, as set forth in Part 9 of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958 and 17958.7. Section 5. The numbering of the 1994 edition of the Uniform Fire Code has been completely revised from earlier editions. All references to the Fire Code in the sections of the Diamond Bar City Code which are not amended by this or a subsequently enacted ordinance shall refer instead to the appropriate section or sections of the 1994 edition of the Uniform Fire Code as determined by the 1991/1994 Cross -Reference Directory to the Uniform Fire Code. Section 6. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar City Code, these provisions shall be construed as continuations of those provisions and not as new enactments. Section 7. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Diamond Bar hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or 951212 10572-00001 amo 1101316 0 — 4 — I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar on the 19th day of December, 1995 by the following vote: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff and M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None Lynda BuXgess, City Clerk City of Diamond Bar Agenda Item No. 10.2 No Documentation Available