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Home My WebLink About2/6/1996cit,19 P4 e0o Co UYI Cl./ AGENDA Tuesday, February 6, 1996 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 Carol Herrera Council Member City Manager City Attorney City Clerk Gary Werner Terrence L. Belanger Michael Jenkins Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title H 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. w f �� w X1111 �► 1.11; I Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In can 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 sai4 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 am. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. I 1. CLOSED SESSION: ,u,.,tP oil' c 6'ri;�. 4 P, b .Nml' .'.' �C Next Resolution No. 96-07 Next Ordinance No. 03(1996) 5:30 P.M. CONFERENCE WITH LEGAL COUNSEL CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 1320 Valley Vista, Diamond Bar Negotiating Parties: Mr. Simon Chu City of Diamond Bar Under Negotiation: Price 2. CALL TO ORDER: 6:30 P.M. February 6, 1996 PLEDGE OF ALLEGIANCE: Presentation of Colors by the Ganesha High School Color Guard ROLL CALL: Council Members Harmony, Herrera, Werner, Mayor Pro Tem Huff and Mayor Ansari 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Certificate of Recognition to LaTisa Strickland, Reporter for the Inland Valley Doily Bulletin. 3.2 Presentation of California Department of Transportation Award to the City by Ron Kozinski Re: "Environmental Enhancement Project (SR 60 & Peterson Park Tree Planting). 3.3 Certificate of Recognition to Trish Bowler "BRAHMA MAMA" 3.4 Presentation of Certificates of Recognition to the Diamond Bar High School Football Team 111995 CIF Champions" FEBRUARY 6, 1996 PAGE 2 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 City 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. 6. SCHEDULE OF FUTURE EVENTS: 6.1 TRAFFIC & TRANSPORTATION COMMISSION - February 8, 1996 - 7:00 p.m., AQMD Board Room, 21865 E. Copley Dr. 6.2 TOWN HALL MEETING - February 10, 1996 - 9:00 a.m.-12:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 6.3 PLANNING COMMISSION - February 12, 1996 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.4 PRESIDENT'S HOLIDAY - Monday, February 19, 1996 - City Offices will be closed. 6.5 CITY COUNCIL MEETING - February 20, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. CONSENT CALENDAR: 7.1 APPROVAL OF MINUTES: 7.1.1 Regular Meeting of December 19, 1995 - Approve as amended. 7.1.2 Adjourned Regular Meeting of January 9, 1996 - Approve as submitted. 7.1.3 Regular Meeting of January 16, 1996 - Approve as submitted. Requested by: City Clerk FEBRUARY 6, 1996 PAGE 3 7.2 TRAFFIC AND TRANSPORTATION MINUTES - Regular Meeting of November 9, 1995 - Receive & file. Requested by: City Engineer 7.3 PLANNING COMMISSION MINUTES - Regular Meeting of November 27, 1995 - Receive & file. Requested by: Community Development Director 7.4 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of December 28, 1995 - Receive & File. Requested by: Community Services Director 7.5 VOUCHER REGISTER - Approve Voucher Register dated February 6, 1996 in the amount of $912,139.03. Requested by: City Manager 7.6 TREASURER'S REPORT - Month of December, 1995 - Receive & file. Requested by: City Manager 7.7 AWARD OF CONTRACT FOR CONSTRUCTION OF GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY) - Staff was authorized to advertise for bids for construction of the Golden Springs Dr. Subsurface Drainage Improvement Project on December 5, 1995. Bids were received on January 4, 1996. The lowest and most responsible bidder was Gentry Brothers, Inc. for $71,260. Recommended Action: It is recommended that the City Council award a contract to Gentry Brothers, Inc. to construct the Golden Spgs. Dr. Subsurface Drainage Improvement Project (Sylvan Glen Rd. to 500' northerly) in an amount not -to -exceed $71,260 and provide a contingency of $10,000 for the project. Requested by: City Engineer 7.8 SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT - On December 19, 1995, Council authorized staff to advertise FEBRUARY 6, 1996 PAGE 4 for bids for the Sunset Crossing Rd. Cul-de-sac Improvement Project. Bids have been received and an award is being proposed to the lowest responsible bidder. Recommended Action: It is recommended that the City Council award a contract to E.C. Construction Co. in an amount not -to -exceed $28,500 with a contingency of $3,000. Requested by: City Engineer 7.9 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR DEVELOPMENT OF PANTERA PARK - The City was allocated $594,509 in the Per Parcel Discretionary Grant Program, developed under the provisions of the Safe Neighborhood Parks Proposition of 1992. Council previously allocated and entered into a contract for lighting of the sports fields at Peterson Park. The commitment is for $140,000 of the Safe Neighborhood Parks Discretionary Grant. In FY 1995-96 Budget, $200,000 of the Safe Park funds were set aside for lighting of the Lorbeer Middle School athletic fields. Due to the timing of these projects, the Lorbeer lighting project should be funded with monies out of the Park Fees Fund. Therefore, the Safe Neighborhood Parks Discretionary Grant of $454,509 is recommended to be allocated to the development of Pantera Park. The allocation of $454,509 will assist in construction of Pantera Park to include ballfields, restroom/concession stand, tot lot, tennis courts, basketball/roller hockey hard courts and other park amenities. The funding for Pantera Park development is Specified Grant of $1,470,000 and Discretionary Grant of $454,509 for a total Safe Parks Neighborhood Discretionary Grant of $1,924,509. CDBG,funds have been allocated toward the ADA aspects of the Pantera Park development. Recommended Action: It is recommended that the City Council adopt Resolution No. 96 -XX approving the application for grant funds. Requested by: City Manager FEBRUARY 6, 1996 PAGE 5 7.10 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RAISING THE SPEED LIMIT ON CHINO HILLS PARKWAY WITHIN THE CITY OF DIAMOND BAR'S JURISDICTION FROM 45 MPH TO 50 MPH - This item relates to a proposal to raise the speed limit on Chino Hills Parkway within D.B.'s jurisdiction from 45 to 50 mph. Recommended Action: It is Council adopt Resolution No limit on Chino Hills Parkway Bar's jurisdiction from 45 t Requested by: City Engineer recommended that the City 96 -XX raising the speed within the City of Diamond 0 50 mph. 7.11 LEFT -TURN SIGNALS ON DIAMOND BAR BOULEVARD AT MOUNTAIN LAUREL WAY, GOLDEN SPRINGS DRIVE AT DIAMOND BAR BOULEVARD AND BREA CANYON ROAD AT GOLDEN SPRINGS DRIVE - On December 5, 1995, Council authorized staff to advertise for bids for installation of left -turn traffic signals on Diamond Bar Blvd. at Mountain Laurel Way, Golden Springs Dr. at Diamond Bar Blvd. and Brea Canyon Rd. at Golden Spgs. Dr. Staff City proposes to award a contract to the lowest responsible bidder, Paul Gardner Corp. Further- more, it is recommended that Council award a construction inspection services contract to Warren C. Siecke. Recommended Action: It is recommended that the City Council award a contract to Paul Gardner Corp. in an amount not -to -exceed $45,287 and authorize a contingency amount of $5,000 for project change orders to be approved by the City Manager. Furthermore, it is recommended that the City Council award construction inspection services to Warren C. Siecke in an amount not -to -exceed $7,000. Requested by: City Engineer 7.12 RESOLUTION NO. 96 -XX: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS ALONG DIAMOND BAR BOULEVARD BETWEEN GOLDRUSH AND GOLDEN SPRINGS, HIGHLAND VALLEY AND TEMPLE, ADJACENT TO SYCAMORE CANYON PARK, CROOKED CREEK AND COLD SPRING AND SHADOW CANYON AND SUGARPINE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Under the 1995-96 L.A. Urban County CDBG (Community Development Block Grant) Program, FEBRUARY 6, 1996 PAGE 6 $149,175 of CDBG federal funds was unallocated. At the January 1995 Council meeting, these unallocated funds were allocated toward construction of sidewalks along Diamond Bar Blvd. between Goldrush and Golden Spgs., Highland Valley and Temple, adjacent to Sycamore Canyon Park, Crooked Creek and Cold Spring and Shadow Canyon and Sugarpine. Recommended Action: It is recommended that the City Council adopt Resolution No. 96 -XX approving specifications for sidewalks along Diamond Bar Blvd. between Goldrush and Golden Spgs., Highland Valley and Temple, Adjacent to Sycamore Canyon Park, Crooked Creek and Cold Spg. and Shadow Canyon and Sugarpine and authorizing and directing the City Clerk to advertise to receive bids. Requested by: City Engineer 8. PUBLIC HEARINGS: None 9. OLD BUSINESS: 9.1 SECOND READING OF ORDINANCE NO. 01(1996): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING A NEED FOR A REDEVELOPMENT AGENCY TO FUNCTION IN THE CITY OF DIAMOND BAR - On January 16, 1996 Council approved for first reading by title only and waived full reading of Ordinance No. 01(1996). Recommended Action: It is recommended that the City Council approve for second reading by title only, waive full reading and adopt Ordinance No. 01(1996) declaring a need for a redevelopment agency. Requested by: City Council 9.2 SECOND READING OF ORDINANCE NO. 02(1996): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING ORDINANCE NO. 02(1990) AND ORDINANCE O2A(1990) AS HERETOFORE ADOPTED AND REVISING CHAPTER 8.16, TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS - Since 1991, collection and FEBRUARY 6, 1996 PAGE 7 disposal of solid waste, recyclables and compostable materials has been regulated through a modified permit system. This system, structured like a business licensing system, requires any solid waste contractor wishing to provide solid waste collection and disposal services within the City to first obtain a permit from Council authorizing them to provide such services. In order to eliminate the redundancy that exists between the City's enabling legislation and to establish a more uniform standard for collection and disposal of solid waste, recyclables and compostable materials, staff is recommending adoption of the proposed Ordinance. First reading took place on January 19, 1996. Recommended Action: It is recommended that the City Council approve, for second reading by title only, waive full reading and adopt Ordinance No. 02(19.96) repealing Ordinance 02(1996) repealing Ordinance 02(1990) and Ordinance 02A(1990) as heretofore adopted and revising Chapter 8.16 Title 8 of the Diamond Bar Municipal Code adopting requirements and standards relating to the collection, recycling, transportation and disposal of solid waste, recyclable and compostable materials. Requested by: City Manager 9.3 DIAMOND RIDE - DIAL -A -CAB STATUS REPORT - The City commenced the Diamond Ride Dial -A -Cab program even though actual ridership was unknown. Through review of the program's 8 1/2 months (April 18 through December 31) of operation, several trends are apparent in the ridership. With the increase of service provided by Dial -A -Cab, there has been a dramatic increase in ridership, from 98 rides per month to 1,168 and 1192% increase. Council reviewed the Dial -A -Cab program in September 1995 and provided for an increase in funding and revised the boundaries (from 10 miles to defined streets). However, the number of trips is continuing to increase monthly, as well as the cost. In reviewing ridership, there are several passengers who are utilizing the program as their means to work, thus compiling over 60 trips per month. The program was designed to provide seniors and the physically challenged quality transportation to medical appointments, shopping and miscellaneous errands. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL u TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK /�i X � � a L D��✓f �� 0A,o V DATE: PHONE: 91-71 9 I expect to address the Council on the subject a nda item. se have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO CITY CLERK FROM: ,� {� �{� DATE: ADDRESS: `��p I� r)ufv�,� PHONE:, ) Lf ORGANIZATION: AGENDA #/SUBJECT: LL 4- 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 C FROM: 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 Mlia / 4 44 DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 'TO CITY CLERK FROM: /�� e %� e r DATE: d%D[ )RESS: C PHONE: S52-4 X83 ORGANIZATION: AGENDA #/SUBJECT: N, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. SSign7ure I- VOLUNTARY REOUEST TO ADDRESS THE CITY COUNCIL ` . V TO: CITY CLERK FROM: %%� DATE: ADDRESS: Sun br T PHONE: S- q5 —%lD 0 l ORGANIZATION: AGENDA #/SUBJECT: � Jia I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signat P ! VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL I_ 'TO FROM: ADDRESS: ORGANIZATION: jk&�-NDA #/SUBJECT: v' CITY CLERK I/,^ l a lerl,c% ( f 7�i�u�JP r %r� Yt DATE: /�PHONE: 1-14 J `�/- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. !/� Signature 'TO: -ROM; ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK V DATE: PHONE: 1--9'% e"7,f�? ,� A-W-,Vf J �.,_ I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM DATE: February 8, 1996 TO: Mayor and City Council via Terrence Belanger, City Manager FROM: Lynda Bur esCit FR y g y Clerk SUBJECT: Sea to Shining Sea Attached is a copy of the list of signatures of those supporting the presentation of the play "Sea to Shining Sea" at a Concert in the Park on July 3, 1996. cc: Community Services Director 3 Foreword Here are songs that make you feel like you're part of a great dream, and words that help you share in America's hope for the whole world. From Sea to Shining Sea takes off your hat to the past and rolls up your sleeves for the future. It's about your heritage and your hope; about gratitude in your heart ... and tomorrow in your eyes. This project is the fulfillment of a career -long desire of mine, to collaborate with my long-time and esteemed musical friend, Camp Kirkland, who's the best there is. And all the team at Word have been terrific in their creativity, from Richard Huggins and David Guthrie to Terry Terry and Ken Barker. R_ Take this musical as a challenge and a symbol, because America still offers the chance to work hard at work worth doing. America: she belongs to us and we belong to her. Sing it and say it together, ... from sea to shining sea! 'i i Synopsis In this stirring work we are reminded again of the path of faith followed by so many who had a hand in shaping America's destiny. From those who sailed to our shores to those whose hands forged our freedoms, we see that the generations that preceded us established a rich legacy of liberty, one worthy of preservation. Our two narrators are joined by an observer from the past, and through them we are struck by accounts of courage, inner strength and reliance upon God for direction. With them we reflect not only upon history but also upon the joys and opportunities of the present and future America. As the musical draws to a close it is apparent that our confidence in God as the hope for our future is more valid than ever before, and we•are challenged to pass His torch of liberty on to the generations yet to come. 3 �r ,l ir le, Aj -7 V k 37 lt3e-�( zlYe�16 P,6 L4 - 77f L DRAFT CITY COUNCIL MINUTES MEETING OF FEBRUARY 6, 1996 Next Resolution No. 96-07 Next Ordinance No. 03(1996) 1. CLOSED SESSION: Not Held CONFERENCE WITH LEGAL COUNSEL CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 1320 Valley Vista, Diamond Bar Negotiating Parties: Mr. Simon Chu City of Diamond Bar Under Negotiation: Price 2. CALL TO ORDER: 6:32 P.M. PLEDGE OF ALLEGIANCE: Presentation of Colors by the Ganesha High School Color Guard ROLL CALL: Council Members Harmony, Herrera, Werner, Mayor Pro Tem Huff and Mayor Ansari Also present were: Terrence Belanger, City Manager; Frank Usher, Assistant City Manager; Mike Jenkins, City Attorney, George Wentz, City Engineer; James DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented - Certificate of Recognition to LaTisa Strickland, Reporter for the Inland Valley Daily Bulletin. 3.2 Presented - Award from California Department of Transportation to the City by Ron Kozinski Re: "Environmental Enhancement Project (SR 60 & Peterson Park Tree Planting). 3.3 Presented - Certificate of Recognition to Trish Bowler "BRAHMA MAMA" 3.4 Presented - Certificates of Recognition to the Diamond Bar High School Football Team 111995 CIF Champions" 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 City Council. SPEAKERS: Roger Meyer, Crooked Creek Dr., spoke against the posting of a "No left -turn" sign at the exit of Country Hills Towne Center onto Fountain Springs. Marilyn McOwen, Sunbright Circle, presented a proposal for a church community project and requested permission for a "Sea to Shining Sea" presentation during July 3, 1996 Concert in the Park. Valerie Chamberlain, Maple Hill Rd., supported "Sea to Shining Sea" Dr. Tom Adams, Castlerock Rd., also supported presentation of "Sea to Shining Sea." Beth House, Harmony Hill, re: adoption of Resolution at last meeting prohibiting left turns from the driveway leaving Country Hills Towne Center onto Fountain Springs. Rose Birch, objected to election of C/Herrera and read poem about her deceased son. Nancy Villalobos, concerned about the City censoring of the church's presentation of "Sea to Shining Sea." Regarding the prohibition of left-hand turns from Country Hills Towne Center, CM/Belanger explained that once the devices were put into place, they would be evaluated as to function as well as to their impact on the neighborhood. Staff will present a status report in March. Regarding the "Sea to Shining Sea" presentation, CA/Jenkins stated that the group had been offered the park for their presentation at any time. He had previously advised Mr. Rose that a co-sponsored event between the City and the church would violate the concept of separation of church and state. Would create an "excessive entanglement between church and state" if the church were to sponsor a Concert in the Park. Would be happy to provide a more comprehensive opinion. Religious groups should be welcome to put on any presentation they wish in City parks at a separate time. Ms. McOwen felt that her organization could not provide a community event that would reach as much of the community at another time. This would be a patriotic musical, not just a play. MPT/Huff suggested that the City Attorney prepare more comprehensive opinion. C/Harmony suggested that the Parks & Recreation Commission analyze the script of the presentation and make a recommendation. CM/Belanger stated that the Commission previously evaluated the matter in the context of the City Attorney's opinion. C/Werner did not support spending further funds on another City opinion. M/Ansari appointed a Council ad hoc subcommittee of C/Harmony and C/Werner to evaluate the matter and work with the church group. It was suggested that Dr. Lawrence Rhodes be included in the group to evaluate the presentation. Diane Anderson, representing the D.B. Chamber, announced the 4th annual benefit auction to be held March 1, 1996 at 6:30 p.m. at the Shilo Inn. 5. COUNCIL COMENTS: 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. MPT/HUFF - Stated that he participated in a Sheriff "ride -along" on Saturday, Feb. 3 and was present during the incident that took place at the D.B. Krikorian. He stressed the involvement of parents in their children's activities. Captain Larry Waldie reported that the incident involved an individual from another area that caused a disturbance and he and another individual were arrested for attempted murder on an off-duty police officer that night. He will have significant enforcement in the area of the theatre for the next few weeks. C/HARMONY- Reported on an opinion poll regarding economic development and stated that The Acapulco was mistakenly reported as having gone out of business. He felt that opinion polls have to be evaluated carefully. Regarding the "no left -turn" sign onto Fountain Springs, he stated that several people ignored it recently and that he could see that it adversely impacted the neighborhood. C/HERRERA - Extended her sincere sympathies to Mrs. Birch. Met with Senior Citizen club this a.m. and expressed the seniors' appreciation for the City's efforts. Will be a meeting on Feb. 15, 1996 at Heritage Park re: Puente/Chino Hills National FEBRUARY 6, 1996 PAGE 4 Heritage Corridor. Requested Council to consider meeting to prepare an evaluation of the City Manager. She suggested Feb. 13 at her home for a Closed Session on this matter. Would Council to establish goals by which to measure his future performance. C/Werner suggested using a process utilized by Council in the past wherein Councilmembers completed a questionnaire type of form and shared their comments with each other. M/Ansari appointed an ad hoc subcommittee of MPT/Huff and C/Herrera to evaluate the process to be used. CMERNER - Announced that a slight increase in crime activities had taken place in the last quarter. Particularly, robbery assaults and vandalism had increased. Traffic categories had also risen in the last quarter. At a recent D.B. Chamber Board meeting, concerns about the rumors about the closure of The Acapulco were raised. Board thanked City for its support in putting the recent parade together for the D.B. High School football team. Announced a Household Hazardous Waste Collection event in Pico Rivera on Feb. 10 and Baldwin Park on Feb. 24. Xmas tree collection was lower than last year mainly because many trees were contaminated. Suggested policy development relating to acceptance of donated items. MIANSARI - On January 17, 4 Councilmembers traveled to Sacramento to attend hearing of Calif. Transportation Commission re 57/60 HOV lanes. She commended the support of local legislators on this matter. City should hear by March as to whether funding had been provided. She reminded everyone of the first Town Hall meeting to be held on Saturday, February 10, 1996 at Heritage Park beginning at 9 a.m. She invited the public to attend to speak to the Council about any issues. 6. SCHEDULE OF FUTURE EVENTS: 6.1 TRAFFIC & TRANSPORTATION COMMISSION - February 8, 1996 - 7:00 p.m., AQMD Board Room, 21865 E. Copley Dr. 6.2 TOWN HALL MEETING - February 10, 1996 - 9:00 a.m.-12:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 6.3 PLANNING COMMISSION - February 12, 1996 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.4 PRESIDENT'S HOLIDAY - Monday, February 19, 1996 - City Offices will be closed. 6.5 CITY COUNCIL MEETING - February 20, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. CONSENT CALENDAR: FEBRUARY 6, 1996 PAGE 5 Motion to approve Consent Calendar w/exception of 7.5, 7.7, 7.8, and 7.9 made by CMerner. 2nd by C/Harmony. Roll call vote unanimous. 7.1 APPROVED MINUTES: 7.1.1 Regular Meeting of December 19, 1995 7.1.2 Adjourned Regular Meeting of January 9, 1996 7.1.3 Regular Meeting of January 16, 1996 7.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION MINUTES - Regular Meeting of November 9, 1995. 7.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES -Regular Meeting of November 27, 1995. 7.4 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of December 28, 1995. 7.5 APPROVED VOUCHER REGISTER - dated February 6, 1996 in the amount of $912,139.03. Motion by CMerner, 2nd by C/Harmony. Roll Call vote unanimous. 7. 6 RECEIVED AND FILED TREASURER' S REPORT - Month of December, 1995. 7.7 AWARDED CONTRACT TO GENTRY BROTHERS, INC. IN THE AMOUNT OF $71,260, WITH A CONTINGENCY OF $10,000, FOR CONSTRUCTION OF GOLDEN SPRINGS DRIVE SUBSURFACE DRAINAGE IMPROVEMENT PROJECT (SYLVAN GLEN ROAD TO 500' NORTHERLY). Motion by MPT/Huff, 2nd by C/Herrera. Roll Call vote unanimous. 7.8 AWARDED CONTRACT TO E.C. CONSTRUCTION FOR SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT IN THE AMOUNT OF $28,500 WITH A CONTINGENCY OF $3,000. Motion by CANerner, 2nd by C/Harmony. Roll Call vote unanimous. 7.9 ADOPTED RESOLUTION NO. 96-07: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR DEVELOPMENT OF PANTERA FEBRUARY 6, 1996 PARK. PAGE 6 Motion by MPT/Huff, 2nd by C/Harmony. Roll Call vote unanimous. 7.10 ADOPTED RESOLUTION NO. 96-08: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RAISING THE SPEED LIMIT ON CHINO HILLS PARKWAY WITHIN THE CITY OF DIAMOND BAR'S JURISDICTION FROM 45 MPH TO 50 MPH. 7.11 AWARDED CONTRACT TO PAUL GARDNER CORP. IN THE AMOUNT OF $45,287, WITH A CONTINGENCY OF $5,000, FOR LEFT -TURN SIGNALS ON DIAMOND BAR BOULEVARD AT MOUNTAIN LAUREL WAY, GOLDEN SPRINGS DRIVE AT DIAMOND BAR BOULEVARD AND BREA CANYON ROAD AT GOLDEN SPRINGS DRIVE. IN ADDITION, AWARDED CONSTRUCTION INSPECTION SERVICES CONTRACT TO WARREN C. SIECKE IN THE AMOUNT OF $7,000. 7.12 ADOPTED RESOLUTION NO. 96-09: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS ALONG DIAMOND BAR BOULEVARD BETWEEN GOLDRUSH AND GOLDEN SPRINGS, HIGHLAND VALLEY AND TEMPLE, ADJACENT TO SYCAMORE CANYON PARK, CROOKED CREEK AND COLD SPRING AND SHADOW CANYON AND SUGARPINE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 8. PUBLIC HEARINGS: None 9. OLD BUSINESS: 9.1 SECOND READING OF ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF NEED FOR A REDEVELOPMENT AGENCY OF DIAMOND BAR. No testimony offered by the public. 01(1996): AN ORDINANCE OF DIAMOND BAR DECLARING A TO FUNCTION IN THE CITY Motion by CM/erner, seconded by C/Herrera to approve for second reading by title only, waive full reading and adopt Ordinance No. 01(1996) declaring a need for a redevelopment agency. Roll Call vote: 4 to 1, C/Harmony voting no. 9.2 SECOND READING OF ORDINANCE NO. 02(1996): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING FEBRUARY 6, 1996 PAGE 7 ORDINANCE NO. 02(1990) AND ORDINANCE 02A(1990) AS HERETOFORE ADOPTED AND REVISING CHAPTER 8.16, TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS. Richard Callard, Palomino, stated that his trash is picked up on Tuesday and complained that this is a mess. He suggested that haulers return to collecting one day a week only. Nancy Villalobos agreed that waste haulers should return to one day a week collecting only. Motion by C/Werner, seconded by M/Ansari to approve for second reading by title only, waive full reading and adopt. Roll Call vote unanimous. 9.3 DIAMOND RIDE - DIAL -A -CAB STATUS REPORT. Mike Goldenberg complimented Council and staff on the program and expressed concern that the City wants to inhibit the use of the program because of some minor abuses. Nancy Villalobos asked what the City would do with surplus Prop A funds if the funding is reduced. She agreed with the concerns expressed by Mr. Goldenberg. Richard Callard also agreed that the program should not be limited. M/Ansari moved, seconded by C/Herrera, to begin an I.D. card requirement, increase the budget amount to $182,000 and send back other concerns mentioned for staff comments. Substitute motion offered by C/Harmony to only approve additional budget amount as requested by staff. Motion seconded by C/Werner. Roll Call vote: 2 to 3 Huff, Herrera, Ansari voting no. On original motion, Roll Call vote - 4 to 1 - C/Harmony voting no. 9.4 UPDATE ON MORNING SUN LANDSLIDE - Verbal presentation by City Engineer George Wentz. Council consensus to schedule a Closed Session on Feb. 20, 1996. Staff directed to meet with School District and developers' representatives. FEBRUARY 6, 1996 PAGE 8 10. NEW BUSINESS: 10.1 APPROVED JOINT AGREEMENT WITH THE CITY OF WALNUT FOR SHARING SPECIAL LEGAL SERVICES RELATED TO THE PROPOSED MATERIALS RECOVERY FACILITY AND TRANSFER STATION IN THE CITY OF INDUSTRY. Motion by C/Werner, seconded by MPT/Huff approving agreement up to $15,000 for sharing law firm of Burke, Williams and Sorensen. Roll Call vote unanimous. 10.2 ECONOMIC DEVELOPMENT - APPOINTMENT OF COUNCIL AD HOC COMMITTEE Motion by C/Werner, seconded by MPT/Huff to appoint M/Ansari and C/Herrera to the Council ad hoc committee. Roll Cali vote unanimous. 10.3 CITY COUNCIL/CITY MANAGER TEAM BUILDING Motion by M/Ansari, seconded by MPT/Huff to appoint CMerner and C/Ansari to the ad hoc committee. 11. ANNOUNCEMENTS: 12. ADJOURNMENT: In memory of Mrs. MaryAnn Barron at 11:05 p.m. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR o DECEMBER 19,1995 1. a 5:30 CLOSED SESSION: Mayor Ansari the meeting to t p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: (Subdivision (a) of Section 54956.9) Name of Case: Diaz, Ramos, Martinez, Wills v. City of Diamond Bar Case Status: Approved for Settlement Name of Case: Oak Tree Lanes v. City of Diamond Bar Name of Case: Schad v. City of Diamond Bar Case Status: Directed City Attorney to represent the City in this case. ADJOURNMENT: Mayor Ansari adjourned Closed Session at 6:40 p.m. 2. CALL TO ORDER: Mayor Ansari called the meeting to order at 6:48 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Council Member Werner. ROLL CALL: Council Members Harmony, Papen, Werner, Mayor Pro Tem Huff and Mayor Ansari. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; George Wentz, City Engineer; Jim DeStefano, Community Development Director; Bob Rose, Community Services Director, and Lynda Burgess, City Clerk. Regarding Closed Session, CA/Jenkins reported that Council approved a settlement agreement in the case of Diaz, Ramos, Martinez, Wills v. City and directed the City Attorney to represent the City's interest in defense of the lawsuit entitled Schad v. City. 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 3.1 A City Tile was presented to Tom Sykes in appreciation of his service to the Southern California Association of Governments. 3.2 Certifica-ces of Appreciation were presented to James Paul Akin, DECEMBER 19, 1995 PAGE 2 Rocky Vernel, Shirley Leone, Robert Allen, Gerald Arnet and Michael Goldenberg, members of the Community Advisory Committee. 9. OLD BUSINESS: 9.1 TIE VOTE BETWEEN CANDIDATES HERRERA AND SCHAD - CM/Belanger reported that at the December 5, 1995 Meeting, both Carol Herrera and Don Schad expressed a desire to have an election to break the tie. Mr. Schad also indicated that he would like to be free to pursue his legal options. Mr. Schad then filed a lawsuit and that a hearing had been set to consider Mr. Schad's request that two ballots should have counted. CA/Jenkins indicated that the Elections Code requires that a tie vote be decided by lot. In reviewing the "lot" or "run-off election" options, he reported that the risks associated with pursuing a special run-off election were the possibility of 1) civil action being brought against the City either pre-election to restrain the election from going forward or post-election to invalidate the results of that election; 2) criminal remedies contained within the Elections Code for non-compliance. Risks could be minimized by the candidates by agreeing to conduct a special run-off election and waiving any rights they might have to contest or challenge the procedure and the outcome of the procedure. C1Ansari asked if the Council decided to determine the tie by lot, would the January 18, 1996 hearing change the Council's decision. CA/Jenkins advised that the Elections Code specifically provides that if an election contest is properly conducted, a Judge may in fact set aside Council's decision if the Council were to decide the matter by lot. C/Werner asked if the Council decided on a run-off election, what would the possibility be of another tie and how would that be resolved. CA/Jenkins stated that he has no idea if the run-off election would result in a tie and if a tie happened during the run-off election, it would be resolved in the same by lot. Ron Everett stated that he favored a run-off election but because of possible legal problems, the City may wish to utilize the services of the Dispute Resolution Center in Claremont to settle the matter. Wilbur Smith, 21630 Fairwind Ln., asked who would conduct the process of determining by lot. DECEMBER 19, 1995 PAGE 3 Don Schad, 1824 Shaded Wood Rd., explained that he requested a court ruling on the matter because of the unusual circumstances relating to breaking the tie. He further stated that he was not suing the City, any candidate or the City Clerk. Bill Key suggested that the City end the gridlock and decide by lot and get back to work. Carol Herrera stated that she was in favor of a run-off election and would sign a legal agreement to abide by the results of that election. If the City cannot conduct a run-off, she requested that the lot be conducted immediately. Max Maxwell, 3211 Bent Twig Ln., suggested waiting for the judge's decision in January before the Council take action. Steve Nice, Rising Star Dr., asked whether or not the City can require a run-off election and if the City still withdraw from the election if there is a Court decision that would pull one candidate ahead of another in the November 7, 1995 election. In regard to the Dispute Resolution Center suggestion, CA/Jenkins explained that a dispute resolution center would not have the authority to count and/or discount ballots voted in an election. With respect to conduct of the lot, the Elections Code states that the lot is drawn or conducted by the Elections Board (the City Council) but does not prescribe the method by which it is accomplished which would then be at the discretion of Council. C/Werner moved, seconded by MPT/Huff to break the tie by way of lottery immediately. M/Ansari asked Mr. Schad if he would be willing to sign a waiver. Mr. Schad indicated "no." C/Harmony moved to amend C/Werner's motion to delay the drawing of lots until after the court's consideration of the matter on January 18, 1996. He further moved to direct that the City not take any actions to delay the hearing. Motion died for lack of a second. With the following Roll Call vote, motion by C/Werner carried: AYES: COUNCIL MEMBERS - Harmony, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Papen DECEMBER 19, 1995 PAGE 4 CM/Belanger recommended resolving the tie by having the candidates place their names in an envelope and seal it themselves, then pace the envelope themselves in a bag or some other opaque receptacle. A designated person would then reach into the bag without looking and withdraw an envelope. MPT/Huff moved, seconded by M/Ansari to use the recommended envelope method and to have Mr. Maxwell and Mr. Neely inspect the envelopes to make sure that there are no visible signs of alterations to the envelopes; place them into a bag and shaken, and then have someone pick one. M/Ansari amended the motion to include that a member of the Sheriffs Dept. hold the bag and do the shaking. MPT/Huff further amended the motion to include that the Mayor be the person designated to withdraw the envelope from the bag and concurred with M/Ansari's amendment. C/Harmony suggested that both candidates meet and work out a formal process with which they feel comfortable. Motion by C/Werner, seconded by MPT/Huff to direct that M/Ansari withdraw the envelope from the bag. Carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony ABSTAIN: COUNCIL MEMBERS - Papen Motion made by MPT/Huff, as amended, carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony ABSTAIN: COUNCIL MEMBERS - Papen C/Papen asked for the floor to make an outgoing speech and stated that she is very proud of the City's accomplishments. She advised that she leaves the Council with a sense of pride and joy and wished the new City Council good luck. CC/Burgess distributed paper, pens and envelopes to both Mr. Schad and Mrs. Herrera. Both were instructed to write their names on the paper and hand the paper and envelope to their witness for sealing DECEMBER 19, 1995 PAGE 5 and placement in an empty waste receptacle. Mr. Schad chose not to participate in the lot and CA/Jenkins was requested toarite Mr. Schad's name on Mr. Schad's paper. Mr. Maxwell, acting as Mr. Schad's witness, announced that the envelope given to him was empty. He then placed Mr. Schad's name in the envelope, sealed the envelope and confirmed that there were no markings on the envelope. Mr. Neely, acting as Mrs. Herrera's witness, announced that the envelope given to him was also empty. He placed Mrs. Herrera's name in the envelope, sealed the envelope and confirmed that there were no markings on the envelope. M/Ansari asked Sergeant Landruff to shake the waste receptacle. C/Werner asked that the contents of the waste receptacle not be displayed on the television monitors due to the possibility of M/Ansari being able to determine where the envelopes were. M/Ansari removed herself from the room until the waste receptacle was shaken. M/Ansari then reached into the waste receptacle, which was held above her head, opened an envelope and announced the new Council Member as Carol Herrera. She asked Mr. Maxwell to open the other envelope and read the name. She also asked the City Clerk to read the chosen name. At the request of C/Harmony, Mr. Maxwell opened the remaining envelope and read the name "Schad." For the record, Mr. Maxwell and Mr. Neely agreed that the procedure was done accurately and correctly. The Oath of Office was administered to Mrs. Herrera by Assemblyman Gary Miller. RECESS: M/Ansari recessed the meeting at 8:05 p.m. RECONVENE: M/Ansari reconvened the meeting at 8:30 p.m. With consensus of Council, Oscar Law was allowed to speak prior to the Public Comment period. DECEMBER 19, 1995 PAGE 6 Oscar Law, 21511 Pathfinder, stated that he has no objections to a city funded Christmas party for the employees; however, he objected to the City paying for employees' family members to participate in the party. 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: a) RESOLUTION 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 - C/Werner offered alternative wording for Resolution No. 95 -XX, page four as follows: "...along with certain specified changes, repealing and replacing, the City's current plan." CA/Jenkins advised that the current wording does not have a specific clause repealing the General Plan. He expressed concern with using the word "repealing" because it does not expressly do that; however, in effect, it would be a repealer and replacement. C/Werner requested that "as modified" be added to the portion ending General Plan Advisory Committee. Wilbur Smith asked the Council to pass the Resolutions and allow the citizens to vote on the General Plan. Dr. Lawrence Rhodes, Fiber Court, asked if the GPAC's final version is a legal planning document. Max Maxwell asked the Council to approve the Resolutions in order for the people to vote on the matter. He suggested some wording changes needed in the Resolutions. Jack Gutowski, Kiowa Crest Dr., asked staff to stay out of the election and to clearly write the initiative for the public to understand. In regard to Mr. Maxwell's concerns, CA/Jenkins advised that the Resolution before the Council merely accomplishes the goal of placing the initiative on the ballot. Further, that the third DECEMBER 19, 1995 PAGE 7 "whereas" clause recites the fact that the Council has two choices which include either adopting the General Plan or placing it on the ballot. C/Harmony complimented the City Attorney on his wording for the initiative. He asked the Council to consider the less expensive, newsprint sample ballot to help cut costs. MPT/Huff concurred with C/Harmony's request in printing this on newsprint; however, he was concerned that newsprint would not reproduce maps. He asked what other options the City has in placing the matter on the 1997 election. CA/Jenkins explained that, per the Election Code, Council has the option of requesting a special election and/or placing it on the ballot at the next regular municipal election, which would be November 1997. MPT/Huff stated that he was not in favor of postponing this issue for the 1997 election. CM/Belanger advised that a special election would cost approximately $75,000; however, if the City chooses to consolidate this ballot initiative with the County's ballot, there will be a reduced cost. In response to C/Werner, Mr. Maxwell stated that he would like to see it on the March ballot. MPT/Huff moved, seconded by C/Werner to adopt 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, as amended. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None b) RESOLUTION NO. 95-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECEMBER 19, 1995 PAGE 8 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 - CA/Jenkins reported that this Resolution would be amended on Section 2 to correspond with the change in the language adopted by Resolution No. 95-72. C/Harmony moved, seconded by M/Ansari to adopt Resolution No. 95-73 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, as amended. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None c) 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 - In response to C/Werner, CA/Jenkins stated that if the Council wishes to authorize itself or any of its members to prepare an argument, then now would be the time to do that. Further, if the Council chooses not to, then the Elections Code contains a panel of people who have priority to submit arguments in favor and against. C/Werner asked to write a statement against the initiative. C/Harmony asked to write a statement in favor. MPT/Huff asked to place his name with those against. C/Herrera asked to place her name with those against. DECEMBER 19, 1995 PAGE 9 C/Werner moved, seconded by MPT/Huff to adopt 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, as amended. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None d) 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. C/Werner moved, seconded by C/Harmony to adopt 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. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None CM/Belanger asked the City Council to take action authorizing the budget so that there is no question of the amount of money that will be allocated. He stated that the budgeted amount is approximately $73,000 for the election which included the cost to print the entire initiative document, including arguments for and against and rebuttals for and against, on newsprint in a ballot pamphlet to be sent to all registered voters within the community. M/Ansari moved, seconded by C/Werner to'have the ballot printed on the newsprint paper, the ballot pamphlet contain the full text of the initiative General Plan, the City Attorney's impartial analysis, two arguments for and against, two rebuttals for and against, and front and back covers. With the following DECEMBER 19, 1995 PAGE 10 4. Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None In response to M/Ansari, CM/Belanger advised that the Council has the prerogative of placing other measures on the ballot and suggested that a special meeting be held to address those issues. CA/Jenkins advised that the City has until December 29, 1995 in order to qualify any other matters for the March 26, 1996 primary ballot. M/Ansari asked for the Council's consensus to adjourn the meeting to a special meeting to discuss overnight parking, term limits, voting by district and other issues for the March 1996 ballot. Following discussion, it was agreed that these matters would be discussed at further meetings for consideration of placement on a ballot. PUBLIC COMMENTS: Clara Burch opposed the election of Carol Herrera to the Council. Max Maxwell objected to the independent analyses of the initiative issue and asked why they were so expensive. He also asked why Tonner Canyon was not discussed in the analysis. Jack Gutowski asked if citizens would be allowed to participate in writing arguments for and against the General Plan. CM/Belanger advised that the $73,000 ballot cost is based on estimates of costs received from a firm that specializes in printing of election materials. The estimated cost for the consolidated election is based on the City's experiences with other consolidated elections. He recommended not using any other printer to prepare these materials. In regard to the independent analyses, he reported that the dollar amount proposed included the Economic Analysis and the Planning Analysis. He speculated that Tonner Canyon was not discussed in the report because it is not within City Limits. 5. COUNCIL COMMENTS: C/Herrera announced that she was pleased to be DECEMBER 19, 1995 PAGE 11 sitting on the Council and that she was looking forward to opportunities to work with the citizens that supported other candidates. In regard to Clara Burch's comments, she stated that she sympathized with her and her family. C/Werner welcomed C/Herrera and wished everyone a safe and happy holiday season. C/Harmony welcomed C/Herrera and promised that he would work with the City toward economic development; however, he would make sure that neighborhoods are not disturbed by businesses. MPT/Huff welcomed C/Herrera and complimented staff in keeping employee numbers low. He suggested that all citizens read the General Plan before voting. In regard to the staff Christmas party, he stated that he was in favor of the party which was a way of showing thanks to staff for their hard work. He reminded everyone that the deadline for comments on the MRF EIR is December 23, 1995. He the announced that the Diamond Bar Brahmas took the CIF championship. He asked that everyone support the construction of Diamond Ranch High School. M/Ansari also welcomed C/Herrera. She announced that the Dial -A -Cab is still operating free -of -charge to all residents until December 31, 1995; that there are four seats available for the Rose Parade in Pasadena; that the City -On -Line Technical Advisory Committee will meet December 21, 1995 at 6:00 p.m. at Heritage Park Community Center; that she and MPT/Huff were invited to Ganesha High School for unveiling of the marquee donated by the City; that Ganesha High School finished second in their football league. 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, 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 Drive. 7. CONSENT CALENDAR: In response to C/Werner, CM/Belanger advised that the General Fund Balance at the June 30, 1995 year-end was $8,178,014, which is a net increase from the previous year 1993-94 of $1,294,252. Further, that the Total Fund Equity and Net Fund Equity is at approximately $19,000,000. DECEMBER 19, 1995 PAGE 12 C/Werner moved, seconded by C/Harmony to approve the Consent Calendar with the exceptions of Agenda items 7.1 and 7.10. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.2 APPROVED VOUCHER REGISTER - dated December 19, 1995 in the amount of $296,759.63. 7.3 RECEIVED & FILED TREASURER'S REPORT - month of October, 1995. 7.4 RECEIVED & FILED COMPREHENSIVE ANNUAL FINANCIAL REPORT AND FINAL AUDIT REPORT FOR YEAR ENDED JUNE 30, 1995- 7.5 995-7.5 AWARDED PLAN CHECKING SERVICES FOR VESTING TENTATIVE TRACT 47850 IMPROVEMENT PLANS AND FINAL MAP TO HALL & FOREMAN, INC., IN AN AMOUNT NOT TO EXCEED $32,659. 7.6 BUDGET ADJUSTMENT/SUBSTITUTE FOR SUBCONTRACTOR FOR MAPLE HILL PARK A.D.A. RETRO -FIT PROJECT, PHASE I - Approved budget adjustment of $410,010 from the CDBG Reserve Fund to the Maple Hill Park ADA Retrofit Project, Phase I; approved Change Order No. 2 in the amount of $9,100 and provided for an additional 10% (of the change order amount) contingency in the amount of $910 for the project and approved substitution of the landscaping subcontractor from E.S.T. Assoc. to Mercado's Landscape. 7.7 ADOPTED RESOLUTION NO. 95-76: 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. 7.8 AWARDED CONTRACTS FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICE TO FORMA AND PURKISS ROSE -RSI. 7.9 A!'VARDED CONTRACT TO CONVERSE CONSULTANTS WEST IN AN AMOUNT NOT TO EXCEED $24,300 WITH A CONTINGENCY AMOUNT OF $3,000 AND APPROPRIATED $27,300 FROM THE DECEMBER 19, 1995 PAGE 13 UNALLOCATED GAS TAX FUND TO ACCOUNT NO. 4551-5221 (ENGINEERING CONTRACT SERVICES ACCOUNT) TO INVESTIGATE GROUNDWATER SEEPAGE ALONG MEADOWGLEN DRIVE AND AMBUSHERS STREET. 7.11 ADOPTED RESOLUTION NO. 95-78: 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. MATTERS WITHDRAWN FROM CONSENT CALENDAR FURTHER DISCUSSION. 7.1 APPROVAL OF MINUTES - Special Meeting of December 4, 1995 - MPT/Huff advised that he pulled this item because both he and C/Herrera were not in attendance of this meeting and they need to abstain from the vote. C/Werner moved, seconded by C/Harmony seconded to approve the Minutes of Special Meeting of December 4, 1995. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Werner, M/Ansari NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Herrera, MPT/Huff 7.10 RESOLUTION NO. 95-77: 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- MPT/Huff reported that SB 96 is the same measure as AB 1168 and that SB 96 was defeated because it was linked with a prison bond issue. He asked to amend the Resolution to include AB 1168 with SB 96 and to show the Assembly that D.B. is behind both of these measures. MPT/Huff moved, seconded by C/Herrera to adopt RESOLUTION NO. 95-77: 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 AND TO INCORPORATE WITH THIS AB 1168. Motion carried by the following vote: 2. 3 REGULAR MEETING OF THE CITY OF DIAMOND BAR IQ JANUARY 9, 1996 CLOSED SESSION: M/Ansari called the closed session to order at 5:41 p.m. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: (Subdivision (a) of Section 54956.9) Name of Case: Oak Tree Lanes v. City of Diamond Bar Case Status: No reportable action. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 1320 Valley Vista, Diamond Bar Negotiating Parties: Mr. Simon Chu City of Diamond Bar Under Negotiation: Price Conference Status: No reportable action. ADJOURNED: There being no further business to discuss, M/Ansari adjourned the closed session at 6:40 p.m. CALL TO ORDER: M/Ansari called the meeting to order at 6:49 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mayor Pro Tem Huff. ROLL CALL: Council Members Harmony, Herrera, Werner Mayor Pro Tem Huff and Mayor Ansari. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Amanda Susskind, Assistant City Attorney; George Wentz, City Engineer; Jim DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. ACA/Susskind announced that no reportable action was taken during the Closed Session held earlier. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIOI' 3.1 Presented Certificates of Recognition to Historical Society E Winners. Kathy Newe thanked the Council for their presentai 4. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest C Council to make a decision on the General Plan tonight. �' JANUARY 9, 1996 PAGE 2 Wilbur Smith, 21630 Fairwind Ln., asked that Item 7.7 be pulled from the Consent Calendar for further discussion. He requested the City to drop all censureship actions against C/Harmony. Craig Klute, 21217 Fountain Springs, requested that item 10.2 be discussed early in the meeting. Max Maxwell, 3211 Bent Twig Ln., stated that his Christmas tree was not separated from his regular trash pickup. Frank Dursa asked for a policy regarding painting of light standards and requested that certain standards in the south end of the City be painted as soon as possible. Further, he stated that the homes in D.B. have lost value and advised homeowners to apply for property reassessments. In regard to Wilbur Smith's question regarding Item 7.7, Kurt Nelson, Diamond Bar Assoc., stated that the reduction of lot numbers had nothing to do with any geotechnical issues. Upon approval of Tentative Tract Map 47850, it was implicit in that the approval that several lots might have to be dropped over issues of minimum street frontage. Dr. Lawrence Rhodes, Fiber Ct., stated that he is in the process of having his home reassessed. M/Ansari requested that staff supply Mr. Smith with the minutes of the meeting discussing C/Harmony's censure. In regard to Mr. Maxwell's comments, she asked about the green waste program. Regarding the painting of light standards, she requested that staff look into the matter. She also requested that the City provide information to the public in regard to reassessing their property. CM/Belanger advised that the City Clerk indicated that Mr. Smith was already given the minutes from the meeting discussing C/Harmony's censure. He stated that staff will contact both waste companies and get an answer as to why Christmas trees were mingled with other trash and that staff will also look into the painting of light standards as requested by Mr. Dursa. 5. COUNCIL COMMENTS: C/Herrera thanked everyone who was involved in the parade celebrating D.B. High's CIF championship. She also congratulated the SAT winners. C/Harmony wished everyone a Happy New Year and stated that he was looking forward to working with the new Council. C/Werner wished everyone a Happy New Year. JANUARY 9, 1996 PAGE 3 MPT/Huff advised that SB96 and AB1168 were approved for inclusion on the March ballot. He encouraged everyone to vote for the bill in order to help complete Diamond Ranch High School. He also advised that D.B. High placed 3rd out of 10 national bands in the band contest. He requested that the stationery policy be placed on the next agenda. M/Ansari reported that she and the Mayor and a Councilmember from Claremont met with Sen. Mountjoy regarding possible legislation to allow both cities to withdraw from the County Library District and still receive our fair share from property taxes to provide alternative library services. She then announced that D.B. high school students who improve their grades by 3% will receive special discounts from local merchants through receipt of a Renaissance card. A breakfast meeting by the Hacienda/Rowland/D.B. Board of Realtors with Assy. Gary Miller will be held on January 19 from 8:00 - 9:30 a.m. at the Royal Vista Golf Club. A winemaker dinner will be held at D'Antonio's Restaurant with the Arciero Winery to benefit the D.B. Art Development Assn., on January 23, 1996, 6:30 p.m., tickets are $49.00. A Town Hall Meeting will be held on Saturday, February 10, 1996 at 9:00 a.m., location unknown that this time. 6. SCHEDULE OF FUTURE EVENTS: 6.1 TRAFFIC & TRANSPORTATION COMMISSION - January 11, 1996 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6.2 PARKS & RECREATION COMMISSION SPECIAL MEETING - January 11, 1996 —10:00 a.m., Maple Hill Park Tennis Courts 6.3 CITY COUNCIL MEETING - January 16, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.4 PLANNING COMMISSION - January 22, 1996 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.5 PARKS & RECREATION COMMISSION - January 25, 1996 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6.6 CITY COUNCIL MEETING - February 6, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. CONSENT CALENDAR: M/Ansari moved, C/Werner seconded to approve the Consent Calendar. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.1 APPROVED MINUTES - Regular Meeting of December 5, 1995 - as corrected. JANUARY 9, 1996 PAGE 4 7.2 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of November 16, 1995 - Received and filed. 7.3 APPROVED VOUCHER REGISTER - dated January 9, 1996 in the amount of $511,015.36. 7.4 TREASURER'S REPORT - Month of November, 1995 - Received and filed. 7.5 REJECTED CLAIM FOR DAMAGES - Filed by Rosa Reyna Camunas on December 19, 1995 - referred matter for further action to Carl Warren & Company, the City's Risk Manager. 7.6 NOTICES OF COMPLETION: 7.6.1 ACCEPTED THE PICNIC SHELTER CONSTRUCTED IN PETERSON PARK - directed the City Manager to sign and the City Clerk to file the Notice of Completion and authorized staff to release the retention of $1,439.90 after 36 days from the filing of the Notice. 7.6.2 ACCEPTED TEN MONUMENT SIGNS CONSTRUCTED IN EIGHT CITY PARKS - directed the City Manager to sign and the City Clerk to file the Notice of Completion and authorized staff to release the retention of $6,043.50 after 35 days from the filing of the Notice of Completion. 7.7 VESTING TENTATIVE TRACT MAP 47850 - found that the proposed map alterations were in substantial compliance with the intent of the approved vesting tentative map. 7.8 AUTHORIZED ADJUSTMENT OF CONTRACT AMOUNT FOR ASSOCIATE CITY ATTORNEY MONTGOMERY - $7,500 for special legal services related to Oak Tree Lanes v. D.B. 7.9 AUTHORIZED PURCHASE ORDER FOR RJM DESIGN GROUP'S PREPARATION OF THE CONSTRUCTION DOCUMENTS FOR MAPLE HILL PARK A.D.A. RETRO -FIT PROJECT PHASE II - authorized City Manager to sign a Purchase Order for $4,060. 7.10 REJECTED ALL BIDS RECEIVED FOR THE CONSTRUCTION OF A.D.A. MODIFICATION AT MAPLE HILL PARK, PHASE II - directed staff to modify the plans and specifications for Phase II and present them at the next Council meeting for approval. JANUARY 9, 1996 PAGE 5 10. NEW BUSINESS: 10.2 NEIGHBORHOOD TRAFFIC STUDY - CM/Belanger reported that the traffic study was completed by DKS Assoc. in the Heritage Home area bounded by Pathfinder, Brea Canyon and D.B. Blvd. CE/Wentz summarized the general content of the study and how it was studied. He explained that the goal of the study was to identify potential mitigation and to address various traffic concerns. The study brought forward three general categories of mitigation: 1) potential signing and traffic control; 2) possible street modifications to influence driving patterns; and 3) potential barriers affecting traffic patterns through that area and restricting certain kinds of traffic movement. Doug Smith, DKS Assoc., reviewed the three mitigation areas that should be considered. A neighborhood questionnaire was sent to residents who responded that their major concerns were speeding and requesting more stop signs. DKS' recommendations were consistent with City staffs to implement Plan 1, Part 1 as an initial mitigation to the neighborhood traffic problems and monitor improvements and changes in traffic patterns to determine if implementation of Part 2, a "choker" would be necessary. In response to MPT/Huff, Mr. Smith advised that in his experience, a minimum of three months would show changes in traffic patterns; however, if the changes are not working, the City will hear from the residents. In regard to the "choker," he advised that this will discourage through traffic and will slow it down in front of residences where the "choker" is located. He further reported that figures don't currently exist showing numbers of local drivers vs. cut -through drivers. He defined cut -through traffic as unnecessary traffic using neighborhood streets in order to avoid other traffic. Residents complained more about speed and parking violations than cut - through traffic. C/Herrera asked how many questionnaires were mailed to the residents. She also asked how the "chokers" would meet fire department standards regarding safety and if the local fire department had reviewed them. Mr. Smith explained. that between 600-650 questionnaires were mailed to neighborhood residents and that 10% were responded to the first time with 6.3% received the second time. In regard to fire department standards, he stated that there is a minimum width requirement to allow fire trucks to get in and out of the neighborhood. The "choker" would be painted red to prohibit parking. With regard to the Country Hills Towne Center driveway onto Fountain JANUARY 9, 1996 PAGE 6 Springs, C/Harmony asked if that driveway would be changed to a "right turn only." He also asked if there was any difference in the report that was completed on November 6, 1995 and the Planning Commission's review of the report and recommendations on August 10. Further, would it be possible to limit part of Plan 1, Phase 2 to only build one "choker" and come back later for further recommendations. Mr. Smith advised that left turns would be prohibited from the driveway of Country Hills Towne Center onto Fountain Spring. No significant changes or recommendations were made by the Planning Commission that differed from their report. He did not recommend installation of only one "choker" between Sunbright and Castlerock because it may create additional turning movements throughout the neighborhood. DPWD/Liu stated that difference between DKS' report and the Planning Commission report was to the appendix. In response to M/Ansari, DPWD/Liu explained that the first workshop was held in April 1995 with approximately 20 residents and the second workshop had approximately 10 residents. C/Werner asked staff if the notice for the Council meeting provided enough detail to residents that these "chokers" could be located in front of their homes. If the City is going to that extent in improvements, he recommended that a public hearing be held with specific notice to area residents explaining where "chokers" would be located. He asked whether or not the recommendations were evaluated for their impact on the General Plan as well as for general impact on traffic, access, noise, etc. DPWD/Liu advised that specific details were not given to the residents. CM/Belanger explained that the report had been presented to the Planning Commission and that no environmental assessment had been prepared. Mr. Smith advised that 50 ft. of parking on each side of the street would be lost due to construction of a "choker." C/Werner asked how school pedestrian traffic would fit into this study. Mr. Smith advised that pedestrian traffic was not counted; however, school crossing areas were noted. M/Ansari stated that a study group should be developed for Council's extensive investigation. JANUARY 9, 1996 PAGE 7 MPT/Huff asked why the matter took so long to get to Council when the Traffic & Transportation Commission reviewed it in August 1995. He also asked if the Traffic Commission requested to see the whereabouts of the "chokers." DPWD/Liu responded that the last time the Traffic & Transportation Commission reviewed the study was in August 1995; however, subsequent meetings were held with only residents and not the Commission. Traffic Commissioners did not visit the location of the "chokers;" but they did review the report and how they will be installed. Kevin House, 2536 Harmony Hill Dr., advised that he never received any notification from the City in regard to this issue. He stated that there is a speeding problem in the area; however, some of these changes are drastic. He pointed out his home on the map. Ted Cross, 21310 Hidden Pines, supported both Plan I, Phases I & 2 to help reduce cut -through traffic and speeding vehicles. With regard to Mr. Cross' comments, C/Werner asked about the volume of cut -through traffic and speed occurring through that residential area. Mr. Cross advised that the problem is both cut -through traffic and speed on a regular basis. Craig Klute, Fountain Springs, stated that during the 1-1/2 year committee meetings, DKS was not involved in any of the meetings. He expressed concern that DKS recommended something other than what was recommended to the Traffic & Transportation Commission. He thanked the City and staff for their patience and concerns over this matter. He asked Council to implement Plan I, Phases I & 2. He further recommended other options for traffic in and out of the residential area. Earl Cox, 3051 Crooked Creek Dr., supported Plan I, Phases I & 2 and stated that he had seen other neighborhood "chokers" and that they looked and positive for a neighborhood. Grace Kohl, 2632 Castlerock Rd., supported Plan I, Phases I & 2. Roger Myers, 2634 Crooked Creek Dr., was opposed to the "chokers" and asked Council to consider stop signs as a way to lessen traffic. Don Tice, 21341 Fountain Spring, stated that recommendations made by DKS were reasonable and that he supported Plan I, with a short evaluation period for traffic and speed limits. After the evaluation period, then consider JANUARY 9, 1996 PAGE 8 the "chokers," if necessary. Frank Dursa did not support the recommendation by DKS. Linda McElvane, 2904 Crooked Creek, also supported the recommendations made by DKS. Max Maxwell advised that he lives east of D.B. Blvd. and that Cold Spring is the only entrance/exit from Diamond Ridge development. He asked if DKS could perform a study of how many Chino Hill residents cut -through this neighborhood and look into restricting the freeway off -ramps. Richard Callard stated that the DKS plan is very cosmetic. He asked the Council to consider speed bumps before "chokers." With regard to' Mr. Callard's speed bump request, CM/Belanger advised that DKS did not recommend the use of speed bumps as a traffic control measure. Mr. Callard clarified his comment in constructing speed bumps now and if they do not solve the problem, remove them and replace them with the "chokers." Earl Cox stated that speed bumps are rarely used because of liability issues and lawsuits associated with the location of speed bumps. He further stated that this alternative was discussed during the meetings. C/Werner suggested that the Council consider staffs recommendations and implement more aggressive actions as needed. He felt that DKS' report was not convincing of the need for more aggressive measures at this time. Further, staff should coordinate more aggressively with WVUSD for new street striping and speed limit signs posted near and around the schools. M/Ansari stated that she would support Plan 1 with further studies and coordination with WVUSD. She suggested that Council hold workshops to get more information on the traffic and the solutions. MPT/Huff stated that even without cut -through traffic, the neighborhood would still be subjected to traffic due to the shopping center and schools. He supported implementation of Plan I, Phase I immediately and that a workshop be held within six months to discuss how the traffic has been reduced and if further aggressive steps are needed. C/Herrera also supported Plan I, Phase I and recommended also requested that during the Council's workshops the Fire Department should be asked to JANUARY 9, 1996 PAGE 9 comment on "chokers." C/Werner moved, C/Harmony seconded to adopt Resolution No. 96-02 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROVIDING FOR THE INSTALLATION OF "NO COMMERCIAL TRUCKS" SIGNS ON FOUNTAIN SPRINGS ROAD AT BREA CANYON ROAD AND WESTERLY OF THE COUNTRY HILLS TOWNE CENTER DRIVEWAY AND ON COLD SPRING LANE AT BREA CANYON ROAD AND DIAMOND BAR BOULEVARD, "NO LEFT -TURN" SIGNS AT THE DRIVEWAY EXIT OF COUNTRY HILLS TOWNE CENTER ALONG FOUNTAIN SPRINGS ROAD, "NO PARKING, LOADING ONLY" SIGNS IN FRONT OF CASTLEROCK ELEMENTARY SCHOOL, "NO U- TURN" SIGNS AT THE INTERSECTION OF EVERGREEN SPRINGS DRIVE AT BIRCH HILL DRIVE AND AT LOST RIVER DRIVE, "NO PARKING, 7-3 SCHOOL DAYS ONLY" SIGNS ON BOTH SIDES OF EVERGREEN SPRINGS DRIVE BETWEEN PATHFINDER ROAD AND BIRCH HILL DRIVE, "NO PARKING ANYTIME" SIGNS AND PAINTING RED CURBS ALONG FOUNTAIN SPRINGS ROAD FROM DIAMOND BAR BOULEVARD TO CROOKED CREEK DRIVE AND PAINTING RED CURBS ALONG CURVATURES ON RISING STAR DRIVE, CROOKED CREEK ROAD, HARMONY HILL DRIVE, HIDDEN PINES DRIVE AT SUNBRIGHT DRIVE, AND SUNBRIGHT DRIVE AT SILVER CLOUD DRIVE and appropriate $10,000 from the unallocated gas tax fund to Acct. No. 4510- 5506 (Marking/Signing Maintenance Services Account) to implement Part One of Plan I improvements per the Neighborhood Traffic Management Study dated November 6, 1995 with an amendment to add school crosswalks consistent with the school plan. MPT/Huff amended the motion to begin the improvement immediately with a six-month review. CM/Belanger stated that Section 5 also needs to be added to the Resolution as follows: "The City Council hereby finds that the proposed traffic mitigation measures as outlined in Part One of Plan I are categorically exempt pursuant to Section 15301(c) of the State EIR Guidelines." He advised that an environmental assessment is needed for conformance with the General Plan. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/ Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. PUBLIC HEARINGS: JANUARY 9, 1996 PAGE 10 8.1 RESOLUTION NO. 96-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1996-97 - CDD/DeStefano reported that the City receives an allocation of federal funds each year as part of our role in providing benefits to persons of low and moderate income. The City expects to receive approximately $387,000 in federal funds this year as a participant in the 1996-97 L.A. Urban County Community Development Block Grant Program. In addition, the City has approximately $115,000 in unallocated funds from last year, for a total allocation this year of $502,000. The use of the CDBG funds must meet a number of primary national objectives which include benefitting low and moderate income persons, addressing slums, meeting a particular urgent community development need. Proposed recommendations for 1996/97 DBG funding were: 1) Project Sister Sexual Assault Prevention requested $1,000; staff recommended $1,000 to educate seniors; 2) Boy Scouts of America requested $5,000; staff recommended $4,000 for an additional Adventure Mountain Camp for approximately 16-20 low and moderate income children not already involved in scouting; 3) the Mature Senior Club requested $15,000; staff recommended $0 for facility improvements for the Diamond Pointe One Club; 4) the City's Senior Program requested $54,000; staff recommended $35,000 to provide senior activities, classes, referrals and special events; 5) the YMCA requested $34,000; staff requested $30,000 for after school child care for 25 families monthly; 6) the YMCA requested $15,000; staff recommended $15,000 to provide the summer off- track program for up to 30 families monthly; 7) WVUSD requested $30,000; staff recommended $0 to provide a library research training facility/career path for students at Del Paso High School. Administration for these programs would require $38,700; Public Works Department requested $240,000; staff recommended $112,000 to fund construction of sidewalks at a number of locations throughout the City; Public Works Department requested $37,000; staff recommended $37,000 for construction of handicap access ramps; Community Services requested $230,000; staff recommended $230,000 to construct handicap access, playgrounds and related components; with a subtotal of $367,000. M/Ansari asked if there is a time limit in which the $115,000 unallocated funds must be spent. CDD/DeStefano advised that the federal government wants the City to spend the funds in one year; otherwise, those funds will be reallocated for the next year and if they are not utilized within three years, the federal government will take them back. M/Ansari opened the Public Hearing. JANUARY 9, 1996 PAGE 11 Mr. Stevens, Del Paso High School, thanked the City for considering their revised proposal. He reported that the program addresses a number of issues and needs for students to make the transition from school to career and provide students with training and experiences in a library tech path. C/Werner asked what type of contributions have been made of the City of Walnut. He also asked what of ratio of students come from D.B. versus Walnut. Mr. Stevens advised that there has been no request for any funding from the City of Walnut and that the school district would not be funding this project. He stated that 50% of the students at Del Paso are D.B. residents. C/Werner asked staff if these funds need to be tracked for D.B. students. CDD/DeStefano advised that the funds need to be tracked very carefully and that this is an issue that needs to be worked out. In response to M/Ansari, CDD/DeStefano advised that February 8 is the cut- off date in order to submit an application to the Community Development Commission. Ivorene Rowe, Project Sister, thanked the City for providing the $1,000 to continue the program and establish a seniors program within the City. She reported that D.B. seniors received packets of information that will allow them to mobilize rather than be victimized. Erin Sutton, Boy Scouts, reported that the Boy Scouts project serves approximately 10,000 youths from Fontana to D.B. The mission is to develop character, citizenship and physical and mental fitness in youth. The grant money will help build a new camp for low to moderate income boys. Allison Myers, Childcare Director, YMCA Childcare, explained that the YMCA had been a major childcare provider in the community for 16 years. The service provides a necessary need by providing safe, quality, affordable childcare to those children that would be known as "latchkey kids." The goal of this program is to raise self-esteem and strengthen families. With no further testimony offered, M/Ansari closed the Public Hearing. Gary Neely requested that funds be allocated to the back hill clean up at Lorbeer Junior High School. Martha Bruske, 600 S. Great Bend, did not support the City funding Del Paso High School. JANUARY 9, 1996 PAGE 12 MPT/Huff asked staff if the City can approach the parents who are cleaning up the back hill at Lorbeer Junior High School. CM/Belanger advised that he will make contact to those parents who are doing the clean up. C/Herrera asked if the Public Works and Community Development Services requests are fixed budgets. CM/Belanger stated that these projects may come under budget and the monies would be rolled over into the next year. C/Werner asked why housing and/or rehabilitation is not included in the CDBG proposed programs. CDD/DeStefano advised that the City is involved with the housing program. Administrative Assistant Kellee Fritzal reported that "HOME" funds are used for the housing rehabilitation program and five homes have been funded within the last two years. The City has a home funding program similar to the CDBG program. CM/erner moved, C/Harmony seconded to adopt RESOLUTION NO. 96-01 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1996-97. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/ Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. OLD BUSINESS: 9.1 REQUEST BY DIAMOND BAR SISTER CITY INC. TO ESTABLISH A SISTER CITY RELATIONSHIP WITH SANSHIA, TAIWAN - CM/Belanger stated that a request was made by the Sister City Committee to recognize a city in Taiwan, Republic of China. He recommended that Council create an ad hoc subcommittee to evaluate the request and have the sub- committee make a recommendation. Richard Callard, Multi -Cultural Committee, presented a letter from WVUSD supporting a sister city relationship between the City and Sanshia, Taiwan, Republic of China. Mr. Callard stated that a committee had been formed to JANUARY 9, 1996 PAGE 13 compile a list of desired characteristics for a compatible sister city. In response to M/Ansari, Mr. Callard stated that several Councilmembers are associate members and are not involved in the voting process for the selection of a sister city. C/Herrera requested additional information on membership and stated that she supported an ad hoc subcommittee to better inform the City of this sister city recommendation. Mr. Callard advised that the Sister City committee presently has 45 members and that all available information has been given to the Council. A subcommittee would only add more time to this simple matter. C/Werner thanked Mr. Callard for his efforts in looking to create a sister city relationship for D.B. He supported formation of an ad hoc sub -committee to keep the Council informed. He asked what the cost is and if any monies would be provided by the City. He further asked if Sanshia, Taiwan is the only city recommended to establish a relationship and if the city is recommended by the Taiwanese government. Mr. Callard advised that no City monies would be spent for this project as all funds come from donations to the committee. Several countries and five cities in Taiwan were researched and it was determined that Sanshia would be the best Sister City for D.B. The Taiwanese government recommended another city that had no compatibilities with the City; therefore, the committee chose Sanshia. The Taiwanese government did not reject this choice. Martha Bruske expressed concern that the school district is involved with the use of taxpayer monies. She asked the Council to look at all documents before authorizing this project. She does not feel that D.B. is ready for a sister city. Max Maxwell stated that it is Mr. Callard's responsibility to advise the Council and residents of the status of the Sister City Committee. M/Ansari stated that Council should consider staffs recommendation to form an ad hoc sub -committee to evaluate and get more information on the Sister City. C/Harmony moved, seconded by C/Herrera to create an ad hoc sub- committee to evaluate the Sister City request and make a recommendation to Council. With the following Roll Call vote, motion carried: JANUARY 9, 1996 PAGE 14 AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/ Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Werner and MPT/Huff both expressed interest in serving on the ad hoc subcommittee. 9.2 REORGANIZATION OF CITY COUNCIL AGENDA - With consensus of Council, this matter was continued to January 16, 1996. 9.3 CITY COUNCIL COMMITTEE APPOINTMENTS - C/Harmony requested that he be appointed to the Contract Cities Assn. and the Wilderness Corridor. MPT/Huff requested the he be the delegate on Foothill Transit; Four Corners Transportation; League of Cities; alternate to the Council of Governments; Historical Society; MRF Committee and City -On -Line Technical. C/Werner requested that he be placed on Contract Cities; Sanitation District; Chamber of Commerce; JPA and alternate to the Wilderness Corridor. MPT/Huff asked if he could be an alternate to the Transportation subcommittee. C/Herrera asked that personal preferences be put aside and each person be serious about their appointment to their committees. In regard to C/Harmony's censureship, MPT/Huff asked how this would affect the committees he has requested to represent and if he can with this censureship. M/Ansari stated that the censureship was to be in effect until reorganization of the Council. MPT/Huff asked how C/Harmony has represented the City within his appointed committees. C/Werner advised that he hears comments in the negative from other parties on the same committees as C/Harmony. C/Harmony stated that he has received very strong reports in favor of his work on the committees. M/Ansari agreed that C/Harmony has a relationship with Contract Cities; however, she understood concerns about representation that he will be JANUARY 9, 1996 PAGE 16 Vector Control and Sanitation District. Gary Neely announced that the City -On -Line committee voted to change their status from an Ad Hoc Committee to a Standing Committee. C/Werner moved, C/Herrera seconded to approve committee appointments. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None M/Ansari explained that the Vector Control Committee does not require a City Councilmember as the City's delegate and that Vector Control District specifically requested that Mr. MacBride continue to work with them. 10. NEW BUSINESS: 10.1 RESOLUTION NO. 96-02: A RESOLUTION REAFFIRMING AND SUPPORTING THE CITY OF DIAMOND BAR GENERAL PLAN - With consensus of Council, this matter was continued to January 16, 1996. 10.3 ORDINANCE NO. xx(1996): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING A NEED FOR A REDEVELOPMENT AGENCY TO FUNCTION IN THE CITY OF DIAMOND BAR - With consensus of Council, this matter was continued to January 16, 1996. 11. ANNOUNCEMENTS: None 12. ADJOURNMENT: There being no further business to discuss, M/Ansari adjourned the meeting at 11:20 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk MINUTES OF THE CITY COUNCIL �7n!'�Q .ArT REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 16, 1996 CLOSED SESSION: M/Ansari called the closed session to order at 5:45 p.m. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: (Subdivision (a) of Section 54956.9) Name of Case: Oak Tree Lanes v. City of Diamond Bar No reportable action taken. ADJOURNED: There being no further business to discuss, M/Ansari adjourned the closed session at 6:30 p.m. 2. CALL TO ORDER: M/Ansari called the meeting to order at 6:33 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Council Member Werner. ROLL CALL: Council Members Harmony, Herrera, Werner Mayor Pro Tem Huff and Mayor Ansari. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; George Wentz, City Engineer; Jim DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 3.1 Certificates of Recognition were presented to the members of the D.B. High School Academic Decathlon Gold Medal team winners, San Gabriel Valley and Silver Medal Team winners, Eastern Region, 14th Annual Los Angeles County 1995 Academic Decathlon. 3.2 A Certificate of Recognition was presented to D.B. resident Dorothy Bordanave, author and co-founder of "Diamond Bar Friends of the Library." 3.3 A City Tile was presented to Carol Herrera for her 16 years of service as Board Member of the Walnut Unified School District. 4. PUBLIC COMMENTS: Susan Amaya, 20630 Gartel Dr., Walnut, introduced herself as a candidate for Assembly in the 60th District and invited all D.B. residents to her campaign kick-off party on January 25, 1996 at the home of Sarah and Rodrigo Palacias, 755 Trotter, Walnut. JANUARY 16, 1996 PAGE 2 Mark Gomez, Charles Myer, Ko-Hsin Ku, Soune Sien, D.B. High School students, introduced their organization "P. E.A.C. E. Pack" which means "People Excited About a Cleaner Earth" and asked for the City Council's support. Don Schad, 1824 Shaded Wood Rd., asked the City Council to support a Resolution supporting an anti-smoking plan. M/Ansari requested staff to review the possibility of supporting an anti-smoking plan and if the City had been notified of the plan. 5. COUNCIL COMMENTS: C/Harmony wished the City Council good luck on their trip to Sacramento. C/Herrera congratulated Joe Moran and all D.B. High School students that represented D.B. in the Academic Decathlon. In regard to the Wildlife Corridor Conservation Authority, she reported on the January 10, 1996 meeting. The Wildlife Conservancy expressed concerns regarding House of Representative Bill HR1280 that would affect the Puente/Chino Hills National Heritage and asked for support of the Council and residents. She also reported that she would be attending meetings in Sacramento discussing matters with members of the Legislature in regard to the traffic problem. With regard to HR1280, CM/Belanger reported that the first workshop to acquaint residents on this bill will be held on February 1, 1996, 7:00 p.m., at Heritage Park. MPT/Huff reported that he attended a meeting to brief Assy. Miller regarding State funding for the 57/60 Interchange. Further, during the trip to Sacramento, Sen. Mountjoy will also be briefed regarding these funds. M/Ansari explained that during their meetings in Sacramento, the top discussion will be the 57/60/71 corridor and that Congressman Kim agreed to do everything that he can to influence the Transportation Commission and any other entities to get funding approved. She also reported that CDBG funds were discussed with Congressman Kim. With regard to the Community Newsletter, she announced that a new issue is being distributed which includes an article regarding "Safety Alert for Electrical Wiring" and what residents can do. C/Werner asked staff to report on a memo regarding the update on the power outage that occurred today. DPWD/Liu reported that Southern California Edison advised that there would be a power outage today due to a change in transformers located at the intersection of Lemon and Golden Springs. JANUARY 16, 1996 PAGE 3 6. SCHEDULE OF FUTURE EVENTS: 6.1 PLANNING COMMISSION - January 22, 1996 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.2 PARKS & RECREATION COMMISSION - January 25, 1996 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6.3 COL TECHNICAL ADVISORY COMMITTEE - January 31, 1996 - 6:30 p.m., Heritage Park, 2900 S. Brea Canyon Dr. 6.4 CITY COUNCIL MEETING- February 6, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. CONSENT CALENDAR: C/Wemer moved, MPT/Huff seconded to approve the Consent Calendar with the exception of Agenda Item 7.1. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.2 APPROVED VOUCHER REGISTER - dated January 16, 1996 in the amount of $159,312.84. 7.3 ACCEPTED NOTICE OF COMPLETION FOR GRAND AVENUE STREET REHABILITATION, TRAFFIC SIGNAL SYNCHRONIZATION, AND INTERSECTION MODIFICATION PROJECT BETWEEN GOLDEN SPRINGS DRIVE AND THE SAN BERNARDINO COUNTY LINE - accepted work performed by Gentry Brothers, Inc., and authorized the City Clerk to file the Notice of Completion and release any retention amounts. 7.4 ADOPTED RESOLUTION NO. 96-03: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE RELEASE OF THE REQUEST FOR PROPOSALS (RFP) FOR LANDSCAPE ARCHITECT SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR ADA IMPROVEMENTS AND TOT LOT DRAINAGE CORRECTION AT PETERSON PARK. 7.5 ADOPTED RESOLUTION NO. 96-04: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE REVISED PLANS AND SPECIFICATIONS FOR PHASE II AD.A. MODIFICATIONS AT MAPLE HILL PARK IN THE CITY OF DIAMOND BAR AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 7.6 AWARDED CONTRACT FOR INSPECTION SERVICES FOR PHASE II OF MAPLE HILL PARK ADA RETRO -FIT PROJECT - to D & J Engineering, the City's current Building & Safety inspector, for inspection services for Phase JANUARY 16, 1996 PAGE 5 a public vote every time there is a change. MPT/Huff agreed with C/Harmony's comments in that Mr. Maxwell's General Plan version is flawed and that the City needs a balance between country living and economic development. If it's the people's choice for country living, then they are telling businesses that they do not want economic growth. He cautioned that taxes may need to be increased if everything can't be kept in balance. C/Herrera supported adoption of the Resolution and felt that people signed the initiative petitions not knowing that this General Plan would be going on the ballot but rather that this petition would save Tonner Canyon. She agreed with MPT/Huff that there needs to be an equal balance in order to bring in revenue to replace what the City will be missing. On Resolution No. 96-05, the original Resolution, motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Harmony C/Wemer moved, seconded by MPT/Huff to adopt Resolution No. 96-06 and add the following wording to title of the Resolution: "...And Urging A Vote Against the Initiative Measure D." With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff NOES: COUNCIL MEMBERS - Harmony, M/Ansari ABSENT: COUNCIL MEMBERS - None 9.2 ORDINANCE NO. 01(1996): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING A NEED FOR A REDEVELOPMENT AGENCY TO FUNCTION IN THE CITY OF DIAMOND BAR - CM/Belanger reported that redevelopment is a strategy recommended in each version of the General Plan as a tool for the community to enhance the economic and physical environment through the redevelopment process. He recommended that Council establish a redevelopment agency for the purpose of providing a legal entity with which the City can enter into an agreement for funding necessary studies to determine the feasibility of redevelopment. He advised that the second reading of this Ordinance would occur on February 6, 1996 and then the redevelopment agency would become effective 30 days thereafter. -.. • .. .... ,"I!.•r• �I , ..""I"'I... ...-.-._.,.-.--. �� 6uiseaJoui jo peau ui si Aj!O ay} asneoeq ideouoo ayl }Joddns pounoo jey} paNse GH Ja��ew sly 10 peslnpe aJam pounoo mau eqj Igun Jano play pue Jean( isel woJj penul}uoo sem uol}epuewwooei slyl leyl pellIJelo Jeuiem/0 -Iuewdolanap ul 6upiel eq Ipm A}IO ay; ala anlpe-ad a jo esneoeq Aoue6e luewdolanapaJ a 6uiysilge}se jo JoneJ ui sl ays }ey; peIe}s IJesuy/lry -Iuewejoui xe) si i9paJeyj ApedoJd eqj uo peleen enlen Auy -cull eseq eqj sl ewll ui jwod ley} 3e si xel ApedoJd eqj JanajeyM ui6eq eleen o} sseooJd uoiMueweldwi 9L# seop peysllge}se aJe seeie joefoJd Jap Aluo -see ie pe(o id ysilgelse of sssoo.id xeldwoo Kien e y6nayl; sappep llounoo pun Jn000 )ou pinom pue sepue6e 6uixel Jeyjo of diysuol}eleJ ui xe} �JgdoJd eyl Buiglol }o suue) ui euil eseq ysilge}se }ou saop �(oue6e ue jo *Iuewysilge)se eyl jeyl peuleldxe eq 'A:pedoid jo uollenlenap pue s}uewejoui o} pJe6eJ y}IM -;uewdolenepeJ 10 swJej ui uolsnlouoo e of paaooJd }ou pp � lleeJ }bels leyl pelels GH -Jey:Jnl i m peeooJd jou pip pue luellnsuoo ayl ql!m dlysuoljeleJ eqj pe}eupiel IlounoC) eL4 awll yolym }e 06e1s anlJewJ01 a o} pepeemid Apn}s eW jety} peslnpe Je6ueia81V C) *Apn}s Ivey} jo s}InseJ ay} JOI peIse OH 'senuanaJ Aj!O jo Ino jI Jol pied pue pepunol isig sem 3! ueym Aoue6e }uewdolanapaJ e Jol Apnjs Aieuiwilejd a pel;eglul Apo eqj jeyj pe}e}s AuowJeH/O -}le;s Aq papuawwooei se }saJaIul ue pa}eolpul aney pounoo qy} 10 sJagwaw Jeyj pasinpe JOBueleaMo -IsenbeJ s,JeujeM/0 jo uoilenuiluoo a sem }i j! Jo Je6eueyy Aj!O eq Aq pelsenbei sem Aoue6e }uewdoleAepeJ a jo luewysyge}se Jol }senbeJ siyl }I paMse AuowJeH/O •pejeldwoo pue pamuoped eq Ipm Apn}s ayl yoiym ui GWBJJ awg 941 GUIWJ919p Ilim t,lolym s,dJM }Iollos Illm HOIS 'JaylJnd Jg4eejetg step 06 peo ui eq pinom eoueulpJo eyj PUe 966 6 `9 tienJged eq pinom BulpeeJ puooes `)y6luo} eq pinom eoueulpJo ayl jo 6ulpeeJ }sig ey} }eyl peuleldxe Muele8"O 'eJeueH/O of esuodseJ ul -Aoue6e luewdolenepeJ a inoylIm pewJojjed sem Apn}s eqj }i spun] Aue dnooeJ jou pinon (4I0 eqj leyl pewJyuoo aH -elglseej sI luewdolenepaJ ;ey} Ajuiepeo Aue t4pm Aes o} uolllsod a ui sl quo ou 'ewi} pue }ulod sly; }d -spo}}e sjj yam enupoo }ou pinom Aoue6e ayj pue awl; Aue ;e pejeuluuel eq ueO AOu86e OLID JBLP peslnpe J86ue1e8/yyo -Apnjs ayl Jol spun] eqj dnooei Aj!O eyl ueo 'peluem sl AoueBe ue ueyl pue Aoue6e iuewdolanapaJ a 6uiyslige}se Inoy}lm spun] Aj!O y}Im pewipped sI Apn}s ayl 1! 'jeq:pnd •awll Aue le pejewwJel eq ueo Aoue6e ay} }I pa)Ise IJesuy/w 9 30Vd 966 6 `9 � AijvnNVr E� JANUARY 16, 1996 PAGE 7 revenues and attracting a more economic development. In response to C/Harmony, CM/Belanger advised that there is no estimate on the cost of a study at this time; however, staffs recommendation is to solicit proposals. $100,000 has been budgeted in the past for economic development. C/Harmony stated that the last redevelopment study cost approximately $20,000 for a two-week process. He stated that he is against using redevelopment funds for development of Tonner Canyon's highway and Sandstone Canyon or any other development that would not pertain to the City. M/Ansari agreed with C/Harmony's concerns. MPT/Huff stated that he would not like to see the City displace faithful merchants and suggested that the report focus on the Grand/Golden Springs commercial area. C/Werner reported that he did not recommend the use of any particular funds for development of any highways. C/Herrera moved, seconded by C/Werner to approve First Reading by title only of Ordinance No. 01(1996): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING A NEED FOR A REDEVELOPMENT AGENCY TO FUNCTION IN THE CITY OF DIAMOND BAR. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 9.3 REORGANIZATION OF CITY COUNCIL AGENDA - M/Ansari reported that a survey was completed of neighboring cities regarding their agenda formatfoutlines. She expressed concern that some Council members were speaking too long and she felt that the Council Comments should be limited to five minutes. MPT/Huff requested that Council Comments be placed at the end of the Agenda and limited to five minutes; suggested placing a "Greeter" outside of the auditorium to greet newcomers and give them the procedures of the meeting, and throughout the community have specific areas where the public can make their comments and/or recommendations to Council without having to be at the meeting. He further suggested reinstating the invocation after the Pledge of Allegiance. JANUARY 16, 1996 PAGE 8 C/Werner agreed with MPT/Huffs recommendations but did not support reinstatement of the invocation. He suggested that if Council Comments are placed at the end of the agenda, then Public Comments should also be placed at the end. Rather than changing the agenda, he suggested that the Mayor use her authority to exercise discretion in limiting or grouping the Public Comment as well as give her the authority to suspend Public Comment to the end of the agenda there is a lot of business that needs to be addressed. C/Herrera recommended the following changes: Council Comments be placed at the end of the agenda and limited to five minutes, allow a maximum of 1/2 hour on Public Comments, and provide supporting documents for upcoming agendas to the Council two weeks prior to that meeting. C/Harmony stated that Public and Council Comments are the most important events during Council meetings. He did not support any change to the agenda; however, he would support limiting Council Comments to five minutes as well as reinstatement of the invocation. He supported the idea of a "Greeter" at the entrance of the auditorium with two or three complete agenda packets with all supporting documents available for public inspection. M/Ansari supported the flexibility of being able to move the agenda around and indicated that she is fine either way if Council wanted to reinstate the invocation. C/Herrera asked if approval of the agenda would be appropriate in order to provide the Council with more flexibility in taking items that are needed on a rush basis. CM/Belanger advised that approval of the agenda is not a required policy and the agenda is taken as the agenda is proposed. Max Maxwell, 3211 Bent Twig Ln., supported Council's ideas and suggested that the Agenda start Public Comments at 9:00 p.m. to 10:00 p.m. and/or at the end of the agenda. Tom Van Winkle expressed frustration that the public does not get feedback from Council when the public speaks and persons often have to wait two weeks before having a chance to rebut Council Comments. He suggested that the council make their comments in the beginning of each agenda item so that the public knows the Council's point of view for the publics' comments. With regard to Mr. Van Winkle's comments, Steve Nice, Rising Star Dr., JANUARY 16, 1996 PAGE 9 agreed with the frustration of not knowing the direction Council is headed in. He suggested that not so many items be placed on the agenda and to leave Public Comments at the front of the agenda. MPT/Huff read a letter from Wanda Tanaka dated December 6, 1996 which suggested that Public Comments and Council Comments be placed at the end of the meeting. With regard to C/Harmony's suggestions, he supported having two -three full sets of the agenda with backup data available for the public. C/Harmony suggested that during Public Comments, if any of the public has questions, staff should respond at that time. With regard to Mr. Nice's comments, C/Herrera agreed that the agenda needs to pace the meeting in a better way and asked Council if they wanted to consider limiting the time for any particular agenda topic. C/Werner suggested that M/Ansari discuss all of the above suggestions with the City Manager and staff and come back and present a proposal to Council. With consensus of Council, M/Ansari stated that she would take all comments under consideration and discuss the matter with the City Manager and staff for preparation of a proposal. 10. NEW BUSINESS: 10.1 ORDINANCE NO. 02(1996) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING ORDINANCE 02(1990) AND ORDINANCE 02A (1990) AS HERETOFORE ADOPTED AND REVISING CHAPTER 8.16, TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS - Ass't. to CM/Butzlaff reported that in 1990, Council adopted an Ordinance creating standards and regulations for solid waste collection and disposal. He stated that staffs current commendation included changes to the Ordinance such as extending the time period by which recyclable materials can be stored from one to two weeks, eliminating the requirement for fingerprinting of permitted employees, eliminating the requirement for a revokable cash deposit of $20,000 and modifying the requirements of certain "no charge" collection services currently provided by the permitted haulers. In response to C/Harmony, Ass't to CM/Butzlaff stated that it will probably make the competition greater because some of the restrictions are being lifted. JANUARY 16, 1996 PAGE 10 Tom Van Winkle asked if there had been any discussion on getting the current two trash haulers to pick up on the same day in any given neighborhood. Ass't. to CM/Butzlaff explained that this became an issue a year ago when Western Waste Industries decided to change their collection schedule from one day a week to five. Staff met with Western Waste on numerous occasions to discuss changing back to one day a week; however, Western continued with a five day collection schedule. The Council has the authority, under Section 8.16.050, to regulate by Resolution the days of the week and the hours of collection of the permittee. M/Ansari announced that since she and MPT/Huff were on the MRF sub- committee, they will work with staff and the waste haulers to change the day for trash collection. C/Werner moved, seconded by C/Herrera to waive full reading and approve first reading of ORDINANCE NO. 02(1996) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING ORDINANCE 02(1990) AND ORDINANCE 02A (1990) AS HERETOFORE ADOPTED AND REVISING CHAPTER 8.16, TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/ Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10.2 CAMPAIGN CONTRIBUTION -LIMITATION - CM/Belanger reported that study of this matter was requested by members of the Council. In response to C/Werner, CM/Belanger clarified that the restriction would limit donations to $500 per individual. In response to C/Harmony's question regarding Prop. 73 regarding mass mailings, CA/Jenkins advised that there are prohibitions and regulations and State laws in regard to what types of mass mailings may go out to more than 200 persons at public expense and under what circumstances council members names and pictures may or may not appear in those mass mailings. With respect to campaign contributions, Prop. 73 was stricken by the courts and is not in effect. Constitutional rules regarding campaign contribution limits are as follows: 1) it is constitutional and lawful for a local agency in California to impose limits on contributions to campaigns by nu��,�� °��I, JANUARY 16, 1996 PAGE 11 individuals, by pacs, to candidates, or to independent organizations; 2) it is unconstitutional to control total overall expenditures by candidates running for office. In response to C/Harmony, CA/Jenkins advised that he will have to report back on the rationale of the Federal Courts that struck most of the provisions reg9rding campaign contributions. C/Harmony asked how photocopying, mailings, etc. is regulated in dollar amounts. CA/Jenkins stated that if the contribution consists of producing, printing, mailing a campaign piece, that is a non -monetary type of contribution which would be subject to regulation and reportable. CM/Belanger explained that statutes currently in place and enforced by the Fair Political Practices Commission is the law which the City of D.B. follows. A complaint would have to be made to either the FPPC or District Attorney. If Council chooses to set up a local law for campaign contribution regulations, then the responsibility for any laws broken would be handled locally. This local law will only apply to municipal campaigns. MPT/Huff felt that the Ordinance should remain simple but that limits should be placed on how much comes into a campaign. He volunteered to be on the subcommittee for this issue. Steve Nice, Rising Star Dr., felt that, when there is an election, everyone should be on a level playing field. He also volunteered as a participant on the subcommittee. C/Werner stated that staff does not need to get anymore involved with this issue. There are regulations under the Government Code and the City should stay out of enforcing campaign limits. MPT/Huff asked C/Werner if he would be opposed to restricting an elected official from voting for two years on a project proposed by an individual who donated $2,000 or more to that official's campaign. C/Werner stated that he has no problem with that issue; however, time limits should be discussed. CA/Jenkins reported that, State law, the receipt of a political contribution in whatever amount does not create a conflict of interest. In response to C/Werner regarding enforcement, CA/Jenkins advised that if it's a criminal act, then it would be enforced by the District Attorney or a JANUARY 16, 1996 PAGE 12 designated City Prosecutor. If the City has an ordinance regulating any aspect of campaign limits/contribution limits, it is the City's responsibility to enforce, prosecute and advise the City Attorney. M/Ansari stated that this issue comes up every election and an ad hoc committee is needed for public comments. CA/Jenkins reviewed the District Attorneys duties in prosecuting candidates that have broken the law and he advised that it should never be up to the Council to take this type of matter into closed session and choose to prosecute someone for breaking campaign laws. As a result of CA/Jenkins' comments, MPT/Huff agreed with C/Werner to remain with current laws for campaign contribution limitations. He requested that his name be withdrawn from the ad-hoc committee. With consensus of Council, this matter was tabled until the next election. 10.3 DISCUSSION RE: APPOINTMENT OF EX -OFFICIO YOUTH MEMBERS ON TRAFFIC & TRANSPORTATION, PARKS & RECREATION AND PLANNING COMMISSIONS FROM THE POMONA AND WALNUT VALLEY UNIFIED SCHOOL DISTRICTS - CM/Belanger advised that this matter was requested by Council for discussion and determining the membership of the Council's various commissions. M/Ansari stated that, in speaking with other cities, she learned that they had youth members on some commissions which brought a different perspective to the committees and a different public viewpoint. MPT/Huff asked how would these persons be chosen and what age. He suggested that the Commissions' input is needed before any decisions are made. He stated that he is in favor of incorporating our youth into our local government. C/Harmony commented that he is not opposed to paying a small stipend. Mike Goldenberg, Parks & Recreation Commission, stated that none of the commissioners that he is currently working with has any problems with getting ideas from the youth or anyone; however, he felt that if room were provided for youth, then other groups within the City would expect the same. C/Werner complimented M/Ansari for the idea of providing local youth with more city government involvement but agreed that Commission input should be obtained prior to the Council's decision. In addition, he suggested, as an alternative, a career day for youth. JANUARY 16, 1996 PAGE 13 With consensus of Council, this matter was referred to the Commissions. 11. ANNOUNCEMENTS: In regard to the Christmas tree pick up program, M/Ansari announced that staff contacted both permitted waste companies to discuss their current operations for collection. Each company indicated that they normally send a separate vehicle to collect trees; however, they may occasionally come upon a tree that is contaminated with flocking, stands, etc. and cannot be used by the landfill operator; therefore, a regular waste hauler may pick it up. 12. ADJOURNMENT: With no further business to discuss, M/Ansari adjourned the meeting at 9:46 p.m. in memory of Harry Goldenberg. ATTEST: Mayor LYNDA BURGESS, City Clerk CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION NOVEMBER 9, 1995 CALL TO ORDER: Chairman Istik called the meeting to order at 7:00 p.m. at the South Coast Air Quality Management District (SCAQMD) Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Virginkar. ROLL CALL: Commissioners: Chair Istik, Vice -Chair Leonard, Commissioners Ortiz, Gravdahl, and Virginkar Staff: Deputy Director of Public Works, David G. Liu; Administrative Assistant, Tseday Aberra; Sergeant Mike Rawlings; and Recording Secretary, Carol Dennis I. APPROVAL OF MINUTES: A. Meeting of July 13, 1995. The Minutes of the July 13, 1995 Commission meeting were approved with the following roll call: AYES: COMMISSIONERS: Chair/Istik, VC/Leonard NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Ortiz, Gravdahl, Virginkar Meeting of August 10, 1995. The Minutes of the August 10, 1995 Commission meeting were approved with the following roll call: AYES: COMMISSIONERS: Chair/Istik, VC/Leonard, Gravdahl NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Ortiz Meeting of September 14, 1995. The Minutes of the September 14, 1995 Commission meeting were approved with the following roll November 9, 1995 Page 2 T&T Commission call: AYES: COMMISSIONERS: Chair/Istik, VC/Leonard, Gravdahl, Virginkar NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Leonard Meeting of October 12, 1995. AYES: COMMISSIONERS: VC/Leonard, Ortiz, Gravdahl NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Istik, Virginkar ABSENT: COMMISSIONERS: None II. COMMISSION COMMENTS: VC/Leonard presented a letter to staff from a citizen of Diamond Bar which addressed the issue of the east/west left turn on to Grand Avenue at Diamond Bar Boulevard. The Commission concurred that this item should be placed on the agenda for a future meeting. III. PUBLIC COMMENTS: Craig Clute, 21217 Fountain Springs Road, reiterated his concerns regarding the traffic considerations for the Calvary Chapel located on Golden Springs Drive south of Grand Avenue; striping on the south side of Pathfinder Road bridge and the illegal parking east of the bridge; the lack of enforcement of 25 MPH speed limit in the Heritage Park area, and the cart racks installed in the fire lanes in front of K -Mart. He further stated his concerns regarding on/off site pick- up/drop off points for public schools in his neighborhood. He again requested increased traffic enforcement. He asked the Commission to consider an agenda item to address the need to increase traffic enforcement. Chair/Istik responded that traffic enforcement is being considered by the City Council. Sgt. Rawlings responded to C/Gravdahl that he would investigate enforcement of the restricted parking area east of Pathfinder Road bridge. He stated that the Calvary Chapel parking issue is being addressed. A new November 9, 1995 Page 3 T&T Commission IV. V. parking facility has been installed at the site and the traffic flow is being monitored. C/Ortiz made a motion, seconded by VC/Leonard to place Mr. Clute's items of concern on the agenda for a future commission meeting. Without objection, the commission concurred. DDPW/Liu stated the items would be placed on the January agenda as informational items. Sgt. Rawlings responded to Chair/Istik that the enforcement index is a ratio of the number of injury traffic accidents to the number of hazardous citations issued in any given jurisdiction. Statistics are calculated monthly for each of the contract cities. The recommended ratio is 20:1. Anything above 20:1 is considered good and 30:1 is considered to be outstanding. Diamond Bar consistently exceeds a 60:1 ratio. The October ratio for Diamond Bar is 75:1. Any statement that the Sheriff's Department is under enforcing the City is ludicrous based on the statistics. In fact, a case could be made for over enforcement in Diamond Bar. DDPW/Liu responded to Mr. Clute that the City is currently processing a request to obtain an encroachment permit from CalTrans for the striping of Pathfinder Bridge. The item will be brought back to the Traffic and Transportation. Regarding the shopping cart racks at the K -Mart shopping center, the fire station has been contacted to respond to the complaint. The City will follow up to see what action has been taken and report back to the Commission. CONSENT CALENDAR - None OLD BUSINESS A. Installation of signs to prohibit parking during street sweeping days. Recommended Action: Provide input regarding the installation of signs to prohibit parking during street sweeping days. DDPW/Liu read the report into the record. He indicated that staff feels that signage is cost prohibitive. In addition, signage would be November 9, 1995 Page 4 TAT Commission ineffective because of the bi-weekly schedule. Staff proposes public education. The Winter issue of Diamond Bar newsletter will contain an article which requests voluntary participation by the residents. As a second tier of public education, the City will ask the trash pickup companies to enclose a flyer with the monthly billings which will indicate the street sweeping schedule. The third tier of public education would be to have the street sweeping company place temporary "no - parking" signs on effected streets 24 hours in advance of activity. A final option is to contact the Sheriff's Department to enforce compliance. Chair/Istik made a motion, seconded by C/Gravdahl that the Commission recommend to the City Council that the City identify problem areas, request voluntary compliance and report back to the City Council in a reasonable time frame. There being no objections, the motion was so ordered. i VI. NEW BUSINESS - None VII. STATUS OF PREVIOUS ACTION ITEMS - None VIII. ITEMS FROM COMMISSIONERS: A. Discussion regarding on/off site pick-up/drop off points for public schools in the Walnut Valley and Pomona Unified School Districts. Chair/Istik stated that it was he requested this item for the agenda. He asked that the Commission direct DDPW/Liu to write to the schools and inquire about each school's policy regarding the picking up and dropping off of students. Without objection, the Commission concurred. B. Secondary access road for Diamond Ranch High School. C/Gravdahl made a motion, seconded by Chair/Istik, requesting that DDPW/Liu contact the Pomona Unified School District and request that a representative of the school appear before the Traffic and Transportation Commission on February 8, 1996 to offer input regarding the proposed r. 11 November 9, 1995 Page 5 TAT Commission access road and outline the school's expectations for moving students from Diamond Bar to the high school. C. City Attorney's opinion regarding the installation of speed bumps/humps in the City of Diamond Bar. Chair/Istik stated that the City Attorney indicated in a letter to C/Gravdahl that if the City wishes to install humps, the City must formulate rules and regulations for their installation. C/Gravdahl asked that staff obtain copies of regulations adopted by neighboring cities. DDPW/Liu responded to C/Gravdahl that speed humps are considered roadway design features. Diamond Bar has topographical considerations. He stated his concerns regarding the feasibility of speed humps when more than 70% of the residential streets in the City have significant grades. In his opinion, this is a citywide consideration. C/Gravdahl stated that, in his opinion, a speed hump policy should be adopted to address the requests from the residents. In order to formulate a policy, the City needs to acquire information regarding other city's policies for speed humps. Chair/Intik stated that the City's policy could be to have no speed humps under certain criteria. The City could compile a report which would list alternatives to speed hump installation. He suggested the item be agendized for March. Chair/Istik recommended that staff be directed to formulate a report and a speed hump policy to include alternatives to speed hump installation for presentation at the March, 1996 Traffic and Transportation Commission meeting. Without objection, the Commission concurred. DDPW/Liu stated staff would contact other cities for input and bring the information and recommendation to the commission. In addition, all providers of service to the City would be contacted for input. MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 27, 1995 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at 7:05 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by vice Chairman Huff. ROLL CALL: Present: Commissioners: Chairman Flamenbaum, Vice Chairman Huff, Commissioners Schad and Fong. Absent: Commissioner Meyer Also Present: Community Development Director James DeStefano; Assistant Planner Ann Lungu, Recording Secretary Carol Dennis. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Craig Clute, 21217 Fountain Springs Road, read a letter from the residents of Fountain Springs Road and Sunbright Drive that had been sent to the Planning Commission. He stated that Clay Chaput, Assistant Superintendent of Diamond Bar High School indicated he is unaware of any landscape plan and plan for placement of a LA Cellular tower on the school property. He requested the Planning Commission pursue these items with LA Cellular and the school district and ask for their cooperation in resolving the matter. CDD/DeStefano responded to C/Flamenbaum that he is not aware of the progress. He indicated he will contact the school district and provide a report at the December 11, Planning Commission meeting. C/Schad stated that, in his opinion, Mr. Clute's presentation is very good and covers all of the major issues. He indicated he wanted to emphasize that the major engineering factor pertaining to the sprinkler installation, due to the severity of the slopes and the size of the slopes that run on the west side of the school, might best be solved by using a drip system instead of an overhead sprinkler. Since many. pepl use the sidewalks in the area, there is a danger of slipping and falling due to the wet sidewalks. November 27, 1995 Page 2 Planning Commission CONSENT CALENDAR: i. Minutes of October 23, 1995. C/Schad made a motion minutes as submitted. so ordered. OLD BUSINESS - None NEW BUSINESS - None PUBLIC HEARING: seconded by VC/Huff to approve the Without objection, the motion was 1. variance No. 95-2 (pursuant to Code Section 22.56, Part 2), is a request to construct a series of two retaining walls (crib walls) within the rear portion of the project site. Each retaining wall's maximum height is 13 feet. Additionally, this project includes the construction of an 8,334 square foot two story single family residence with a cellar, deck, pool/spa, and four car garage. The project site is a 1.33 acre vacant lot located within a gated community identified as "The Country Estates". Property Address: 1729 Derringer Lane, Diamond Bar Property Owner: Jeffrey and Eddy Hu, 933 Leyland Drive, Diamond Bar Applicant: Frank Piermarini, 2100 S. Reservoir, Pomona, CA 91766 VC/Huff stated he lives near the proposed development, recused himself and left the dais. AstP/Lungu stated the project is Zoned R-1-40,000 and has a General Plan land use designation of Rural Residential (RR). The project site is approximately 1.33 gross acres and is rectangular in shape. The vacant lot slopes to the rear at a 2:1 slope with grades varying from 10 percent to 67 percent (1.5:1 slope ratio). A flood hazard area is located within the rear portion of the project site. No structures are proposed in this area. The purpose of the retaining walls is to provide a recreational area so that the applicant can have lawn area with pool and spa facilities. Additionally, retaining walls are proposed adjacent to both side property lines to contain a fill. Maximum height of November 27, 1995 Page 3 Planning commission these retaining walls is six feet except for the portion of the retaining wall which meets the crib wall (westerly), adjacent to the north property line. At this location, the retaining wall's height is it feet. Pursuant to the City's Planning and Zoning Code Section 22.48.160.D., the maximum permitted height of a retaining wall is six feet. In order to construct a retaining wall which exceeds this height limitation as proposed for this project, the Variance process must be utilized. The Yard Modification process cannot be utilized in this case because the series of retaining walls, as proposed, are not considered a minor modification. The guidelines of the City's Hillside Management Ordinance are applicable to this project. These guidelines state the following: design a project that is sensitive to the natural terrain and minimizes the effects on the hillside; and design a single family structure that is located and terraced to follow the slope and minimize necessary grading. Suggested techniques for guideline compliance are split pads, stepped footings, and grade separations. Pursuant to Development Review Ordinance No. 5 (1990), the proposed project requires Administrative Development Review performed by the Community Development Director through the public hearing process. However, the Variance review allows the Planning Commission to also review this project from a Development Review perspective. AstP/Lungu continued indicating the staff report includes a comparison of the City's development standards and the proposed project's development standards. This proposed project complies with the City's codes except for the retaining walls heights, pilasters' height within the 20 foot front yard setback, and the average finished grade (AFG) calculations. Additionally, this project does not comply with the intentions of the City's Hillside Management Ordinance. The Hillside Management ordinance requires that retaining walls, associated with lot pads, shall not exceed four feet in height. Where an additional retained portion is necessary because of unusual or extreme conditions (such as lot configuration, steep slope, or road design), the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall not exceed three feet in height and shall be separated by a minimum of three feet and incorporate appropriate landscaping. The proposed project site is steep sloping. November 27, 1995 Page 4 Planning Commission Therefore, the site's development causes the use of terraced retaining walls. However, the retaining walls, as designed, even though appropriately landscaped, do not comply with the Hillside Management Ordinance's guidelines. According to the City's Planning and Zoning Code section 22.48.160.A., the maximum height of structures within the 20 foot front yard setback is 42 inches. The conceptual landscape plan delineates two pilasters, seven feet high, located on both sides of the driveway. To comply with the Code, the pilasters' maximum height shall be 42 inches. The conceptual landscape plan also indicates low planter walls within the private street's easement. These walls need to be moved out of the easement or deleted. Pursuant to the City's Planning and Zoning Code Section 22.20.110, the maximum height of a single family structure is 35 feet and two stories. Also, a third level may be constructed as a cellar, if it is located 50% or more below the grade. As defined in the Code, grade is the average of the finished ground level (AFG) at the center of all the single family structure's walls. In order to calculate the AFG, the Code requires the utilization of the elevation at the mid -point of all the structure's outside walls as a reference point for estimating the grade. Next, each indicated mid -point measure is identified on the grading plan. Total the mid -point measures. Divide by the number of measures taken for the actual AFG. The applicant calculated the AFG using the mid -point of the structure's outside walls. However, when doing these mid -point measures, the left portion (westerly) of the rear elevation's outside wall was not considered. This wall is part of the residential structure and should be considered. When considering this elevation (1175.7 and 1181.0), the AFG calculation is 1184.76 instead of 1187.26, as proposed. With an AFG calculation of 1184.76, the residential structure's height from the AFG is 37.5 feet and the cellar is not 50% or more below the AFG. As such, the cellar (pursuant to Code) is a basement (third story) and not permitted and the residential structure exceeds the 35 foot height limitation as measured from the AFG. When reviewing this project's design, the rear elevation must be considered from the view of neighboring properties below. This view will incorporate the rear wall (three levels) of the residential structure and two thirteen feet high retaining walls. Therefore, the total view of walls from neighboring properties below is approximately 63.5 feet high. November 27, 1995 page 5 planning Commission AstP/Lungu continued stating the applicant's conceptual landscape plan indicates extensive landscaping of the crib walls and rear yard's recreational area, as well as in the side and front yards. However, this landscaping can be considered a bandaid for the reality of walls totalling to approximately 63.5 feet in height. The proposed project was reviewed by the City's Building and Safety Department and the Engineering Department. Their comments and recommendations are included in staff's report. Staff recommends that the Planning Commission open the public hearing, receive testimony, and continue Variance No. 95-2 in order to allow the applicant the opportunity to redesign the project. AstP/Lungu responded to Chair/Flamenbaum that there are no special circumstances that would necessitate the Planning Commission granting a variance. CDD/DeStefano stated the Planning Commission can request the applicant make changes to bring the project to compliance, continue the project and to deny the project as it is presented, or approve the project. CDD/DeStefano responded to C/Fong that the applicant has the opportunity to redesign the project. He indicated this is a self-induced hardship because there is not the necessity for this size home or for the proposed pool that requires the higher retaining wall. The home could be stepped. There are a number of changes that could be incorporated. The applicant has a right to propose a project and the Planning Commission can make a decision as to whether it is consistent with the character of "The Country Estates" neighborhood, consistent with the standards and practices the City has employed over the years and, in this case, whether those items will result in the need for a variance. Chair/Flamenbaum declared the public hearing open. Frank Piermarini, applicant for the proposed project stated he is in favor of the project as presented. He reviewed the staff report and is present to answer any questions the Planning Commission might have. Dan Wildish, 1704 Derringer Lane, indicated he lives across the street from the proposed project. He stated he is very much in favor of the project even though it blocks a portion of his westerly view. He further stated that, in his opinion, the proposed project conforms to November 27, 1995 Page 6 Planning Commission many of the homes currently in "The Country Estates". It is a lot that is difficult to build on and Mr. Piermarini has demonstrated his ability to effectively build on such lots. Kenneth Wilch, engineer for the proposed project, stated his firm has proposed extensive landscaping which, in his opinion, will be very effective in mitigating the view of the crib wall. He further stated he feels his calculations with respect to average finish grade are correct and he intends to discuss this matter further with staff. He indicated that the stepping process was utilized in the design of the project. Mr. Wilch responded to Chair/Flamenbaum that the retaining walls could be broken up further by having a series of six walls or four seven foot walls. In addition, there is no engineering obstacle to lowering the height of the structure. Mr. Wilch responded to C/Schad that a three step retaining wall would not enhance the stability. CDD/DeStefano stated that with respect to the calculation of the AFG there was a dispute between the Planning Department and the applicant. Because the staff has changed with respect to the review of this project, it has not changed the six and one-half year old policy of how the number is determined. In order to resolve the applicant's concern, staff requested Mike Meyer, Consultant Engineer, and Joe Buzzone, Plan Check Engineer for the Building and Safety Department, to calculate the AFG independently and both of them arrived at calculations similar to the Planning Staff, all creating a proposed structure that was above the allowed height maximum. The bottom line from staff's perspective is that this house has difficulties and the project is worthy of further consideration. It is staff's opinion that the differences can be worked out and eliminate a number of the variances that are now before the Planning Commission. Harold Sandifer, Fire Hollow Drive, stated he looks directly up at the proposed project from his home. He indicated that, in his opinion, it is very massive in appearance and he is concerned about the stability of the retaining walls, especially with a pool in the rear portion. Terry Straley, Fire Hollow Drive, indicated she is concerned that the 13 foot high retaining walls are too November 27, 1995 Page 7 Planning commission massive and might not be stable. She would prefer to see stepped retaining walls. Claudia Huff, 1641 Fire Hollow Drive, stated she is concerned that the size of the, project for the lot is pushing the envelope. This is an 8300 square foot house that appears to be too massive for the lot, especially with the limitations of the slope grade. She indicated she is also concerned about the height of the structure because it exceeds the City Code. She further stated that, in her opinion, it is not wise for the City to make too many exceptions. She stated she is not singling out this project, this is her opinion on projects citywide. She is also concerned about a pool in the crib wall area. Mr. Piermarini presented a rendering of the proposed crib wall landscaping. He stated that the proposed home is similar to most of the homes in existence along the ridge line. Mr. Piermarini responded to Chair/Flamenbaum that the proposed structure is approximately 500 feet above Fire Hollow Drive. Mr. Piermarini stated the crib walls must be approved by the City and there is no problem with stability. In addition, a swimming pool is lighter than the dirt that was originally in the location. Chair/Flamenbaum declared the public hearing closed. C/Fong stated he feels the two 13 foot retaining walls are too massive and too high. He agrees with the concerned resident regarding the visual impact. The proposed project does not comply with the City's Code. He suggested that the applicant redesign the retaining walls to consist of a series of retaining walls and slopes to conform to the topography. In addition, the engineer should work with staff to resolve the AFG issue. C/Schad stated he is concerned about the retaining walls. They are too massive and should be sloped down to provide a more suitable visual appearance. He indicated he is also concerned about the proposed landscaping and the height of the trees that would be required to cover the retaining walls which could cause root damage to the structure. Chair/Flamenbaum reiterated the retaining wall issue. Two 13 foot walls is unacceptable. He stated he is concerned about the massive structure. He indicated he November 27, 1995 Page 8 Planning Commission is also concerned that the applicant might be proposing a two-family home. CE/Myers responded to Chair/Flamenbaum that the driveway grades are 15 percent and there is a landing at the top of the driveway which accesses the street. Chair/Flamenbaum indicated he would be in favor of reducing the size of the structure by two feet. C/Fong stated he feels the proposed landscaping is too extensive and is not compatible with the surrounding natural vegetation. Crib walls should be curved to conform with the natural slopes and terrain. C/ Schad made a motion, seconded by C/Fong to direct staff to consider the comments of the Planning Commission and continue Variance No. 95-2 to January 22, 1996. Without objection, the motion was so ordered. VC/Huff returned to the dais. PLANNING COMMISSION ITEMS: i. Presentation of plaque to outgoing commissioner Bob Huff. Chair/Flamenbaum presented a plaque to VC/Huff commemorating his service to the Planning Commission and wished him success in his new position as City Council Person. VC/Huff thanked the Commissioners for their support. C/Fong congratulated Mr. Huff and extended his support and good wishes. INFORMATION ITEMS: CDD/DeStefano stated the General Plan that was submitted by the citizens group has qualified for the ballot. The City Council will review the issue at the December 5, 1995 meeting. CDD/DeStefano indicated interviews for Senior Planner will be conducted on Monday, December 6, 1995 and the final selection will be made within the next two weeks. CDD/DeStefano responded to C/Fong that he will investigate the sign at the corner of Cold Springs Lane and Diamond Bar Boulevard for conformance. Chair/Flamenbaum requested a study for a road to the high school. CDD/DeStefano responded the City Council is November 27, 1995 Page 9 Planning Commission considering a strategic plan which will have different elements that need to be addressed over the next several years. one of the elements will be the question of a second access to the high school. ANNOUNCEMENTS - None ADJOURNMENT: There being no further business to conduct, Chairman Flamenbaum declared the meeting adjourned at 8:15 p.m. Respectfully Submitted, /s/ James DeStefano James DeStefano Community Development Director Attest: /s/ Bruce Flamenbaum Bruce Flamenbaum Chairman CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION BOARD HEARING ROOM OF S.C.A.Q.M.D. 21865 Copley Drive DECEMBER 28, 1995 CALL TO ORDER Chairman Ruzicka called the meeting to order at 7:05 p.m. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Vice Chairman Goldenberg. ROLL CALL Present: Chairman Ruzicka, Vice Chairman Goldenberg, Commissioners Tye, Medina. Staff: Community Services Director Bob Rose Absent: Commissioner Finnerty Also Present: Ted Owens, Community Services Manager; Jan Stwertnik Class Specialist; Patrick Pastor, Instructor, City of Brea. MATTERS FROM THE AUDIENCE There were no matters from the audience at this meeting. CONSENT CALENDAR CH/Ruzicka requested the minutes be corrected as follows: Page 3, paragraph 2, add "5. the City's image.,Regarding Page 5, Item 8., paragraph 2, add "on" to the sentence so that it reads: "VC/Golden berg commented that an effort be made on behalf of the City to let the contractor and Don Hensley know how well things have come together and thank them." With respect to Page 9, paragraph 5, delete the first sentence and change the second sentence to read: "CH/Ruzicka December 28, 1995 Page 2 Parks & Recreation Commission asked staff if there is training available to the staff working the youth baseball program to resolve the concerns of the parents." VC/Goldenberg stated information regarding the "Art in the Park" letter to the City Council which was to be drafted by Commissioner Finnerty should be included on Page 3, Item 1. CSD/Rose responded to CH/Ruzicka that Page 2 of Ms. Martinez letter was omitted in error from the staff report. He advised a copy would be sent to the Commissioners. VC/Goldenberg made a motion, seconded by C/Tye to accept the Consent Calendar with the amendments as noted. There being no objections, the motion was carred 3-0 with C/Medina abstaining. OLD BUSINESS 5. Community Request for Skateboard Park in Diamond Bar - CSD/Rose stated City Council allocated $7,500.00 to develop a site plan for the cul-de-sac skateboard park. The cul-de-sac will be located at the west end of Sunset Crossing Road. Development will begin at the YMCA driveway and continue west to the end of the cul-de-sac. Staff has requested a proposal for the site plan footprint from PURKISS-ROSE/RSI. The footprint will be forwarded to Charles Abbott & Associates for incorporation of the skateboard park element into the Sunset Crossing cul-de-sac park site plan. The site plan will be presented to the Parks and Recreation Commission for review and then to the City Council for approval. The presentation to City Council will include a request for funds to develop construction drawings and to proceed with the construction of the park. Staff requests that the Parks and Recreation Commission assist in the development by establishing a committee of youth and adults that might be interested in assisting the City with the design of the skateboard element. CSD/Rose referred the Commission to the letter from the director of the YMCA which states that the Board of Directors support the construction of the skateboard area and a roller hockey rink. The YMCA further indicated they would be interested in discussing the possibility of operating the facility. Staff recommends that the Parks and Recreation Commission add the construction of the skateboard park to its priority matrix as a major CIP project and recommend to the City Council the approval of the construction of a skateboard park at the west end of Sunset Crossing Road cul-de-sac. In addition, at the appropriate time, December 28, 1995 Page 3 Parks & Recreation Commission the Commission should form a committee of youth and adults to assist the architect with the design of the skateboard park. Staff further recommends that the Commission request staff to enter into negotiations with YMCA for the operation of the skateboard park. C/Goldenberg asked how large the cul-de-sac area is at the west end of Sunset Crossing that is available for development? CSD/Rose responded that the skateboard park element is approximately 3000 square feet. Approximately 200 feet by 60 feet is designated for roller hockey and other elements in the area. The approximate cost for construction of the skateboard park is $75,000. Design for other elements will be determined at a later date. VC/Goldenberg suggested the source of funding should be determined prior to appointing a committee. CSD/Rose stated there are three possible sources for funding of the skateboard park: Unallocated discretionary Proposition A funds; Unallocated Quimby funds; and the General Fund. C/I'ye asked for clarification on the discretionary Proposition A "Safe Parks Act" funds. If we don't use the funds by the end of June, 1996 does the City lose them. CSD/Rose responded that with respect to Proposition A funds, the City must have a Memorandum of Understanding signed by Los Angeles County for allocation of funds to a discretionary project prior to June 30, 1996. If funds are not allocated and approved by that date, the money ' is returned to Los Angeles County for reallocation. CH/Ruzicka requested input from interested members of the audience. Vicky Marcus, 530 Cameron Crest Drive stated she is pleased with the progress toward development of the skateboard park. She indicated she concurs with staff's recommended list of priorities. She referred the Commissioners to the local skateboard store and suggested the owner could offer advice toward the park's design and development. CSD/Rose responded to Ms. Cameron that the .architect's proposal would be completed in approximately 30 days. December 28, 1995 Page 4 Parks & Recreation Commission C/Tye made a motion, seconded by VC/Goldenberg to add the construction of a skateboard park to the priorities matrix of the Parks and Recreation Commission and that the Commission recommend that the City Council approve the project for construction at the Sunset Crossing Road location. The motion carried 4-0. 6. Petitions Requesting Change of Tennis Class Schedule at Maple Hill Park - The City of Diamond Bar has been presented with two petitions, containing a total of twenty-four (24) different signatures, requesting that tennis classes at Maple Hill Park be scheduled after 12 noon, not earlier in the morning as they are now scheduled. CSD/Rose stated that a group of citizens use the Maple Hill Park tennis courts on a drop-in basis. Diamond Bar has contracted with the City of Brea to conduct classes during the morning hours. The morning classes have been added to the class schedule due to increased demand by the citizens. In 1995, 17 tennis classes were conducted during the winter session. For the winter session of 1996 the number of tennis classes has increased to 49. The increase in the number of classes has reduced the availability of the tennis courts for drop-in play. As a result, the petitions were presented to the city. At the time the petitions were received by the city, tennis lessons were scheduled five mornings per week at Maple Hill Park. Prior to printing the winter class schedule, the classes were changed to 3 mornings per week at Maple Hill Park. Staff believes the change presents a balance between the morning classes at Maple Hill Park and Ronald Reagan Park. It is the intent of the city to continue with a balance of classes between these two parks. CSD/Rose continued with a report from Ms. Swertnik which states that in 1995, 634 people participated in 115 scheduled tennis classes. There was an increase from 17 classes in the winter of 1995 to 49 classes for the winter of 1996. He indicated that 90 percent of the tennis class participants are Diamond Bar residents and the revenue from the classes help off -set the costs of maintenance and operation of the tennis courts. CH/Ruzicka requested input from interested members of the audience. Aurelio Lopez, 1078 Longview Drive stated that he is one of the many Diamond Bar residents who regularly plays tennis at Maple Hill Park. He stated his concern regarding the change in scheduling of the tennis lessons from afternoon to morning hours. He indicated that a majority of residents who play tennis at the park work in the afternoon and evening. He requested that the city switch back to the prior December 28, 1995 Page 5 Parks & Recreation Commission schedule of afternoon tennis sessions. Robert Wood, 23625 Palomino Drive indicated that he sees the change in the tennis lesson schedule as a detriment to the 15 to 20 regular tennis players who use the courts in the morning hours. In his opinion, the majority of the players during the morning hours are drop-in players. Therefore, they are entitled to equal use of the courts. He requested the use of two of the three courts for the drop-in players during the morning hours. Tau Lien, 24319 Rimford Place stated he has lived in Diamond Bar for 10 years and has been playing tennis at Maple Hill Park for approximately eight years. He requested to know when new tennis courts will be built to accommodate the increase in demand. He questioned the accuracy of the signs indicating the times for tennis classes and requested they be taken down or replaced if they are not correct. He further stated he often observes one instructor teaching one student and he feels this is not right. He asked about the scheduling of makeup classes. He asked if the tennis class could use the Chapparal School facilities or the Diamond Bar High School facilities. He indicated he would like the city to respect the community by surveying the community prior to changing the schedule. Walter Shih, 24331 Rimford Place stated he has lived in Diamond Bar for eight years. He indicated he has enjoyed the ability to play tennis on Saturday and Sunday and now is unable to due to the new schedule. He stressed tennis is very important to his health and well-being. He stated that, in his opinion, the loss of taxpayer's dollars and health would be 10 to 20 times greater that the revenue income to the city from the tennis lessons. He stressed that only about one-third of the concerned citizens could be present for this meeting. CH/Ruzicka stressed the difficulties experienced by all citizens due to the lack of parks left to Diamond Bar by Los Angeles County. He stated that all citizens of Diamond Bar are concerned about the lack of recreational facilities available. Use of facilities must be governed for the good of all citizens. The citizens must equally share the current facilities to benefit as many residents as possible. The facilities belong to all citizens and must be shared by all citizens. The city cannot and will not tolerate any type of intimidation or physical confrontation over the use of the park facilities. He requested the attendees assist the City in patrolling the park facilities. CSD/Rose responded that the city is adding two tennis courts at Pantera Park. He December 28, 1995 Page 6 Parks & Recreation Commission indicated the signage at Maple Hill Park will be replaced. CSD/Rose continued that, as a result of inquiries from concerned citizens, the winter schedule was reduced from five mornings to three mornings per week at Maple Hill Park. Walnut Valley School District denied the city's request for use of school facilities for tennis classes during school hours. The city's Joint Use Agreement with the school district precludes the city from use of school facilities during school hours. All. classes offered by the city are group tennis lessons. The smallest group consists of six participants. The city and the instructor have no control over the number of participants who actually attend the class. If one person attends, that person is entitled to the lessons for which he/she has paid. CSD/Rose stated that the City of Diamond Bar does not arbitrarily schedule tennis classes, the city responds to requests from the community and schedules accordingly. CSD/Rose responded to C/Medina that the Walnut Valley Unified School District rents out its facilities on Saturdays. Chapparal School facilities are rented to a private business on Saturday and Sunday. He stated staff will inquire regarding Sunday use of the school facilities for tennis lessons. CH/Ruzicka stated the city will investigate various options and seek to meet the needs of as many citizens as possible. CSD/Rose responded to Mr. Lien that data could be investigated to determine the makeup of the tennis class participants. The petition was received in early December and the process of gathering information has begun. Staff will require additional time to gather all of the data and will present it, if necessary, at a future meeting. VC/Goldenberg stated he plays tennis three to four times per week. Although the tennis classes present an inconvenience for him, he begins searching for an available court in the early morning hours until he is able to play. He further stated that he has no difficulty finding a court open early Monday .morning and when he leaves the court at about 8:30 a.m., the courts are empty. He pointed out that CSD/Rose and staff have made a best effort to modify the schedule to accommodate the drop-in players. Ms. Swertnik responded to C/Tye that there are a minimum of six students per class. The participation has increased since more classes are offered in the December 28, 1995 Page 7 Parks & Recreation Commission morning hours. In addition, the proximity of the tennis courts to the students homes is important. CSD/Rose responded to C/Medina that at no time are more than two of three courts used for tennis lessons. Mr. Pastor stated that he has used two courts a maximum 'of three times during the Fall Session. The majority of time only one court is utilized for lessons in order to avoid inconveniencing the drop-in players. There are times when the intermediate classes are learning doubles play and that two courts must be used. Beginning students occupy only one court. At no time do the lessons occupy three courts. Mr. Pastor responded to Mr. Lien that if only one student out of six registered students shows up for class the class must be taught. CSD/Rose explained that the new signs will advise the schedule of classes. He stated that it is illegal for a private instructor to conduct tennis classes for payment on a public court. He further stated that the city investigates all citizen complaints. Because staff cannot monitor the courts on a continuous basis, the city relies on citizens to monitor use of the tennis courts. CH/Ruzicka requested the concerned citizens monitor the parks for all kinds of illegal activities including vandalism and gang activity. CSD/Rose responded to CH/Ruzicka that the new schedule of classes is available to any concerned citizen. CH/Ruzicka suggested the formation of a drop-in user group. C/Tye reminded the Commission that the citizen's petition requested availability of all courts for drop-in players seven days per week from 9:00 a.m. to 12:00 noon. CH/Ruzicka asked Mr. Lien to reconsider their request based upon the information presented during tonight's discussion. Mr. Lien responded that he is not a leader of the citizen's group. However, he will pass the information along to as many people as possible. December 28, 1995 Page 8 Parks & Recreation Commission CSD/Rose suggested a special meeting be scheduled on Thursday, January 11, 1996 at Maple Hill Park at 10:00x. m. for the Parks and Recreation Commission, City of Brea staff, city staff and concerned citizens. The Commissioners concurred. CSD/Rose stated notices of the workshop will be posted at Maple Hill Park. INFORMATIONAL ITEMS 7. Recreation Update - Ted Owens, Community Services Manager, City of Brea, presented a summary of the report for the record as follows: a. Athletics Youth %*eftu - The goal was 160 youth and there are currently over 170 youth enrolled. Adult Sports - Adult basketball is very popular and competitive. It is a very successful program and staff expects to meet all of the goals. Adult softball is struggling. Contributing factors may be the time of year and the weather. Complaints from players are being investigated and solutions will be proposed. Staff is considering different methods of marketing the program. Additional facilities for nighttime play may result in increased participation. Slow pitch is very popular for all age groups. Adult Excursions - The Parade of Lights was sold out. The Rose Parade is sold out. Thirty-eight people are registered for the Laughlin trip with a maximum potential of 42. This excursion is expected to be sold out. Staff expects that all of the excursions will be sold out and all goals of the contract met. C ontmct Clig ec - This area has been very successful. Staff -expects to meet and possibly exceed the revenue goal of $130,000. New scheduled classes include "Live Insects", "Making Puppets", 'Edible Insect Snacks", and "How to Cash in with Successful Home Based Businesses". Staff has served in excess of 3,100 participants which have generated $112,000. The revenue goal of $130,000 will be reached during the Winter session of classes.. Student evaluation forms December 28, 1995 Page 9 Parks & Recreation Commission are used to determine new classes and different programs. Te --n Rand challenge - A meeting was held December 5, 1995 regarding the outdoor high school concert. Additional meetings will be held and bands are being contacted for participation. CSD/Rose stated the City of Diamond Bar Anniversary Celebration will be held Sunday, April 14, 1996 from 12:00 noon to 5:00 p.m. at Peterson Park. ANNOUNCEMENTS: C/Medina reported- that the grass at Summitridge Park is in excellent condition. He recommended a speed bump be installed on the down grade to prevent roller blading. He reminded staff that there is no cover for the dumpster. He suggested expanding the second level 25 percent by cutting the grassy area.. He stated there is an irrigation problem at the edge of the ball field. He recommended that the gazebo be placed on the upper level for a 360 degree view. C/Tye reminded the Commission that CH/Ruzicka had suggested the Parks and Recreation Commission be changed to Community Services. He asked about the posting of signs such as political signs and stated they are an eyesore and are not removed in a timely fashion. CSD/Rose responded to C/Tye there is a Property Maintenance Ordinance and a Sign Ordinance for the City of Diamond Bar. Both ordinances are enforced by the Planning Department's Code Enforcement Division. The Code Enforcement Officer, Al Flores reports to the Community Development Director, James DeStefano. He suggested that C/Tye contact Mr. Flores and indicated the signs are legal if posted within 30 days of the event and if the property owner has given permission to have the signs posted on their property. The city does not have jurisdiction over signs which are placed on privately owned utility poles. The poles are the private property of the utility company. He indicated the fence surrounding the Diamond Bar Golf Course is owned and maintained by Los Angeles County. VC/Goldenberg thanked staff for their support and assistance in 1995 and wished everyone a happy new year. CH/Ruzicka stated a January 6, 1996 parade will be held to honor the Diamond Bar High School football team and their 14-0 record. The parade route will be south on Diamond Bar Boulevard from Mountain Laurel Way to Pathfinder Road and westerly on Pathfinder December 28, 1995 Page 10 Parks & Recreation Commission Road to the High School campus and then on to the football field. ADJOURNMENT VC/Goldenberg made a motion, seconded by C/Tye to adjourn the meeting at 9:35 p.m. The motion was approved 4-0. Respectfully Submitted, Bob Rose Secretary Attest: Joe Ruzicka Chairman I N T E R O F F I C E M E M O R A N D U M TO: Councilmember Werner and Counailmenbsr Herrera FROM: Linda O. Magnuson,(�Accountinq Manager SUBJECT: Voucher Register, February 6, 1996 DATE: February 1, 1996 Attached is the Voucher Register dated February 6, 1996. 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 February 6, 1996 has been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO, FUND DESCRIPTION 001 General Fund 010 Library Services Fund 112 Prop A Fund -Transit 115 Int Waste Management Fund 118 Air Quality Management Fund 125 Community Development Block 138 LLAD 138 Fund 139 LLAD #39 Fund 141 LLAD 141 Fund 227 Traffic Mitigation Fund 250 CIP Fund 510 Self Insurance Fund TOTAL ALL FONDS APPROVED BY: L nda G. M son Accounting M ager Terrence L. Be City Manager $631,280.14 4,469.38 33,973.37 2,889.46 476.94 Grant Fund 11,960.39 10,860.41 5,291.34 7,469.15 542.50 198,247.95 4.678.00 $912,139.03 &44, 44W, Carol A. Herrera Councilmember Diamond �,N 711 E : 14 L EULE. ,HFU.............�2/0u�� 'EwD6: A� EWCOR lD. TX-� --------'---------------------------------------------------------' ' ��f �.LI�/�. �T�� I� �IC U; T Ar & T '��-2125 'TOTAL DU[ YEND0K --------- 2O.2Y ��a/ �� 01-4551-234V 1 6O2O68 0�/31 O2�m TuitianRe�mb-FY95'96 �8.O0 L j� HELLion�ob Ac±ionPort *250'431S'641066 0,1 14; 645 PrtblTui�rts'Map}pHillPr� 135.0O ,U DUE VENDOR ---> Sq. DO ��obe Systems edobe�ys �O1'4090'6235 2 �0206B 0.1/3,886 0'", V2/06 �g�ake 6.0 Upgrade L71.7Y 70T4L DiE V[ND8R ----> 171.79 A!lCicy �mag��nt All City 44 551, � ��068 O1/3384 V1/31 O2/O6 ��4 Crssg Grd S^�s 12�5-1/6 l'�57.18 TOTAL DUE VENDOR ---'---> 1,157.18 4llied Engineero0 AllieoEngr -43' -641' V6696 4 6O2S68 01/C3132 Oi/31 V2/A6 D94'914 ClP-MeplpHiliRtrofit 67.567.33 TOTAL 3UE ;E`--,R ''''''''} 67.567.33 �aHea1th r�dical Group AmHealth +601-uO90-2345 2 662068 M/3745 01/31 02/06 l82,,,73 Emplye-FrstAideSvcs'Hosler 156.72 TOTAL DUE VENDOR ''--'''-> 156.72 Ama~i}las, Tricia 1806 *001-4"N4 1 60'206F 01/31 0�2/06 16611 Recreation Refund 50,00 TOTAL DUE VENDOR -------- ---AmeriComp Amer lCamp AmeriComp e01-4090-1200 2 602O�8 01/3833 01/31 02/06 12418 Color9rioterRihbons 134.46 TOTAL DUE V8N0K ''-''--> 134.46 American Appraisal 4mApprais *001-4090-4000 1 60206B 01/31 02/06 090525 FixdAssptlovntry&Ampraisl 400.00 TOTAL DUE VENDOR ---''---> 400.00 *** City of Diamond Bar * * * RUN TIME: 14:32 02701/96 V 0 U C: H E R R E G 1 6 T E P PAGE � DUE 'HRU.............02/06196 VEN11OR NAME VENDOR ID. ACCOUNT PRDJ.T7(-NO BATCH PO.LINElNO. ENTt /DUE IgVuiGc Jt 4,ii: UN A('IObINT iATc ------------------------------------------------------------------------------------------------------------------------------------ Ar oaark Refreshment Aramark_ *Ou1-401 12 ,3ljii Sa; Far i..:, -iter' of c�i cRl-if at- ... 4f_J r. 7 D2 aiig , Terrcn.cc L. F'e_='.ye+'i 4r 1a 1 4 i.x 330 Bei1.i:n9, Rosi IS �,0 'C:` -4 t_i-2325 Canto'' ^i3 he'te-ve;C'pme-ni C3i^;-llvIp ( of CSMfO :arol '.!Ennis 01Denri arles >--=,o'06P. fil rF 1; .1 tlLid; I-ippii'_2='uuiGu•u� .:LTi `_w. a__ '--.'i . --------r 4,. •;U� �.._ Mty :-tai ....:li �.... i - 4.. ...__._ _iHLO ----. P'.Cf�rllD riMUt�NT �. ,ittj TuT. _ i;i �'C `)Z X47 - --------, i `12.'Q6 Lo gue Cu„f Reim -10/95 =`_ .31 - - -, -,•, 0'. 4erraat:Dn Ren";An,J _y.01: TGT L JJE VENDOR ) " ' 0,;` OL;::_ ML -Ferrera i2... :j7-: TOTAL Di1E Vc1 ..CF: --------) a.cli ; :•.L •. L •.G Lftri NIe;l.:C"s..,.r: Dues JJJ -7a1- DIJE. w-PJLGR --------i a,a if , _ Ai....��'i4j 70TAL f' :EPAI s AMOUNT ----) 1SO. 00 0;.:1 +''i,r PRF'=viii ti1r.}_a_ atr•r-12/28-Prk=7mm 19C'.:'•'•i T CTRL DUE VENDOR --------) 1='O.O0 )1/31 ,;� .� J•:7'f7 —'114 FOad aL -D -.n LL 4 _ 14 Mar, i.^ j%Signin j3VCs-DeC 4601 ;0 G1'•j1i''J�-.+ 044114 Right OT W;i Maint-Det 1,140.00 » 2� T��J............��(*�� NlnE + ' �� .L��. --------------------------------------------'---------------------- 8�� E ��lPT� �� e. Rmg3u ��-� �'1� 02.� TOTAL DuE V[NEC' R ---'—> 812.5V Chevron �� Chev-zm�� 0l-4415-231V 260206B O1/3366 01r;31 02/1)6 Fuei-Sr�'lnt;,-PtrlV2hci 5V.5? `OT4L �� _N7 OR '-'--�''� 5V.59 Chung, Mi:g ChunGsn *3Sl'23VV-1V�2 13 60206E V1/31 O2/06 Ref.nd'EN 95-1105 1Vff,.00 TOTAL DUE VENDOR ----/ 1,000.00 Cintas Cintas *VV{ -431O -213O 6 602068 0�/32V6 Vl/31 02/06 640410664Uoiforms-PrkStaf{-1/15 16.65 m001'4310-2130 2 602D6@ 01/3206 02/06 6404165510 Uniforms-PrkStaff-1/1 16.65 *001-4310-2130 4 m}2068 01/3206 O1/31 02/06 64041SA7 Uniforms-PrkSta{f-1/8 16.65 e001-4310-2130 8 60206R 01/3206 01/31 02/06 640422725 Uoiforms'PrkStaR-1/22 16.65 TOTAL DUE VENDOR ---- > 66.60 coca's Coco's *001'4O1O-2V25 2 60206A 01/31 02/06 CCncl Mtg 1/9 60.10 02/06/96 00V0025646 TOTAL PREPAID AMOUNT —'-> 60.10 TOTAL DUE VENDOR ----> 0.00 Coco's Coco's *001-4010'2325 5 60206A 01/31 02/06 ccbcl Htg 1/16 60.21 02/06/Y6 0000025657 TOTAL PREPAID AMOUNT ---> 60.21 TOTAL DUE VENDOR -----> 0.00 Coffee Smith CofFeeSmit *001-4090-2325 6 602068 01/3235 01/31 02/06 10942 Meeting Supplies 38,00 ^C01'4090-2325 4 60206@ 01/3235 01/31 02/06 11126 Meeting Supplies 38.00 m001-4090-2130 2 60206B 02/3235 01/31 02/06 12597 Equip Rent -Jan 19,00 TOTAL I.0 VENDOR -'-----> 95.0V Cummuoity Di5pusal Co. ComUio@usl *01)1-4510-5501 2 602062 01/351,13 01/31 02/�6 StreetS*eepSvcs-Dec -1'808.0O » a 1 rl 1 m a F, 4 R' 11, T I ME, H p 4 2 VENEOR NAME VEK �CR PR 7 -M, q'l'— z 7EH T i Cj '?'A j...:i —. '''!L'. ------------------------------------------------------------------------------------------------------------------------------------ C 4".1"-641` 11 tj :1-42'x1-5.201 Q ber or �L a,-, i a e r YI -�SSQC' a, 'S ::;;1-4040-'239i? ;7J. 747 ;.'e Stefano, iii".4 Ji✓Stefarc 15-2-3 5 .1�� L-,tJ- of Transportatlon DeptTrans 7-1.4— '10-5—u�7 2 �60206C 01j3632 I Asso: Dewar, an —inulin & A - *250-4510-6411 01496 4 60220-tZ 01j'j"'.56 _jL4e A NDOR 7 �J I,t Svcs -Final 21 i. 1.0 E N! i is j,00 7H, 01/31 .2!06 DB -01 Pl ':)FtySvcs-l�?;0-1 /22 �,A".61 707'A" D-CrE VENIDCR --------- 1 10,2113.61, mC' p n a.. 31.00 TOTAL uE VENDOR -------- Oli-Jll 021/06 0016041 -l -IN 19"K Elecion Code 7•:.5" ,jE VE!'I"OR - -------- /4-Cral':nteruNPane Tnl 4 01/31 1")2/06 Mtq-'.,/5-CDB'u ls:-,:les 6 TC7 r E ENDO -- -------- .14L Ul ,!1/31 ul/ I3 gr 1 . ; g' t Ma, m No,,. n ---lAL SUE VENOM -------- 1,1555.16 01/2"1 0"-L'/06 M-005-3 CIP-SlurrySeaiArea6 ,512.00 TOTAL DUE VENCLr-- -------- 4,095.00 RUN TIME: 14:32 02/01/96 J 0 U C H E R R^= G I S T E R f'A0E 5 VENDOR NAME VENEER ID. # PREPAQ ACCOUNT PROI.TX-NO BATCH PO,LINE/NO. ��TnI/ _E '!{TOILE UEE=RIFTIGN A"UUNT WH ----------------------------------------------------------------------------------------------------------------------------- ------ Diamond c:ar East 'a`''_ner's DBarcast 40`i-2000-1012 602065 01/32 02/06 Refund-EN'P5-110 350.00 TOTAL DUE VE`16GR--------i 350,,E Diamond Bar International 0B *0v" *001-4010-2:325 7 60206A 01/31 02106 MtgEuppls-Si5trCtyM:gl/22 17.94 02/06/Pt-'. 000 1(l2=06 2 �.""+.%,.:�F�I� "'21 ,290 ~1 TOTAL PREPAID AMOUNT ----} 17.9 4 6!:2106C 0' .132'90 01/31 TOTAL DUE VENDOR --------} 0.:10 ` Diamond Bar Kiwanis Club-$Kiwanis ti' �`vl� 1:-_ i +� •'+ -11L-4'05.'•-.Jzi 011-2:300-1002 160206C 01/31112/06 Refl:.ndDepst-rirtgPrkCtr 100.00 TOTAL DUE VU@GR --------t 100.00 Diamond Bar/Walnut AAUw 4001-2300-1002 2 602060 04/331 02/06 RefundDepst-HrtgPrkCtr 100.00 TOTAL D� E VE'rZOR--------} 1tji ,00 Dia;r nd +ar/Walnut YM" 17: Wa1,tMCA 1 C-4115-2_' 5 201i.1;1l;. 021.'1 uZ/t�6 Chl credirectuo5c-Ali/Oct �14.'A) c �125 -4'115:- 4 _-'ayC..d_ rrpinGr:c^t---�st-Juil'u�ct 4,6o .00 0 -- TG^fCEFL! "'MOI -NT ----, nc` ,.1. TOTAL DUE VENE.--:---------; 0,00 main .:t vH.ri =J-4'21:-23''55 B 60202 ; 01 /31975 :il j 1 02/ ;, CDED-C.:ldcre-Dec _ ,1'4. TGT_: 1"E VENECR------- + -,1'4.,221 :-Lana L:ho °+. riSSOClli�25 Ulana;;�o 602068 01(316:: 'r_- .+tAF,;(i 4 6(Y06B 01/31E,3 01 `3l 0-C6 -,BG Prof 3'vCs-Dec "OTAL Ir idC 'vr"_NCt'.;R--------} �i;�t~sified Paratransit DitiersPara 2 �.""+.%,.:�F�I� "'21 ,290 ~1 0-n *112-55,3-5`-9 4 6!:2106C 0' .132'90 01/31 Q2j(:L ` 1 1_l_�,,r� ti' �`vl� 1:-_ i +� •'+ -11L-4'05.'•-.Jzi J 6(1" 6C 27 J1; i '126 Dial -±-Cab Svcs -1: 15--,l 7 '97"47 D1a1-a" ab Svcs -l2/1'10,. ,66 Svcs r 73 aial'a'tsaf.! SMS-1ji-._ -,+G, CZ TOTALF. D,.J"c V_NLCR--------) ,+RL,............��''!'�� AC�CU�T T�'HO ___________________________________________________________________ �ATCH PO.L��NO.�� F��]N ��T��CK Coam E3GVFC ' ��A^ AlD xnOCNT �ENS3- ----) 0.[� Exgin�*ri��'EnY.r0000»tal TOTAL :E OR ----) 01/31 O2�� 58f� �of Svcs'F[� 71'OO� 20,�7.63 TOTDUE iENC-- ----� �� Fe��al Creuit ��ion F�ACre zdJ ��1'2110-1V�2 � 6V206A O1/31 �2/0o Payroll3eductiorle-Pp1 0OO�025*4 TOTAL PREPAID AMOJNT --) 2.75J.75 TD`4L EUE VENO -,-;R ----> 0.0O r&A Federal Credit Unipn F�ACreo��. *S']-211O-10�2 2 ��6A 01/3\ 82/06 Pp2 Payroll Dpdxcticms 2'857.75 O2�� O80O��-7 —u -IAL PREPAID AMOUNT --> 2.�7.75 TOTAL DUE ENDOR ----> V.S0 Federal Express Corp. FedExpr2ss *Vij1'4)9V-2120 1 60206F 01/31 0,2/06 Express Mail -Gen @mt 95.65 +VV1-4210'4�2O � \ 602O6F V1/3\ 02/V6 57V3O7447 Express Mail'�m Plan TOTAL SUE VENKR ----> 115.15 Federal Reserve Bank FedKeaerve *)V1'2110-1009 1 60206C 01/31 02/06 Ueddosl.-vgsBomds-PP1/2 50,00 TUTAL DUE VENDOR -------> 50.00 Finnerty, Annette FinnertyA m01-4350-4100 2 60206E 01/31 02/06 Prk & Rec Cumm-1/11 40. (Y0 DUE � VEN6— 8K -'--''} 40.00 Franchise Tax Board FnmcniseT *001-2110-1009 2 60206C 01/31 02/06 Withhold0rder-3214*8690 50.00 RIUN 1:1,E: 14:.--i-. 0 1 j-7 0 h E R R E 0 a 5 T R VENLOR NAME VEZOR M. PRE 4_� 1- " J.114 ------------------------------------------------------------------------------------------------------------------------------------ EATICH ENTP i. -.L",- i i-;-7. L C.CR t a torn. i 7-C 4 A - Ph_�'L Si:s -Emer- 51 -1 =7 =7 J. -4-.'F-% 2' 'Ot- 3c.. MITHAL DUE VENDOR -------- al -4t 4 C - 2 125 f C, n L. Svcs lonm Line b,i7 -77�1 41 TGTALD V 'C - ;' OR -------- UE E E 4 IL6 '-4-4-21 10121,11)" c r 2 cs-Pe,erson Frk 44 UE DOR -------- G7 1 forn. ia GTE p"One D,--s-Ron Reagan 41." T 071 AL DUE VEk@GR -------- 4 U! 0 --)Phone -vcs-SycmrLm Cyn Prk. JE i'al if- r,is .,l 7T 31 E -431 >21 i 4 ji c�e -vz�-Hri-ge 'GITALUE vENDOR -------- 0aTIME. l4/32V2/11"?6 v3UCH.ER REJISTER F�QE 8 VENCOR NAME . VENDOR 0. * * PR[PAID * * AzrO-A-. PROJ,TX�0 --------------------------------------------------------- 8A7CH PG.LlNE/NC. E��Y/�� I�5I�� _—__--_________---_--__—_____—_____--' ��6[�Ip'�N AMo�� DArE GTE California GTE �:1'4331-2125 2 60206C1 U2/O6 Phone Svcs-Syc�nPrk 67.22 T06TAL -LLE VENUOR ''''---'> '57.22 GIE California GTIE *0014S'31-212153 60206C Phone Svcs-SyrCyoPrk 54.31 TOTAL DUE VENDOR ----'> 54.31 GTE California GTE *001-4040-2125 2 602-06C 01/31 02/06 Phone Svcs-Modum Line 26.25 TOTAL DUE VENDOR ----> 26.25 GTE California GTE *00.1'401.10-2125 4 60206F 01/31 02/06 Phone Svcs -Bldg & Sfty 156.90 TOTAL DUE 'VENDOR --------> 156,90 FE Leasing GTELease *001-400-2130 4 60206C 01/3306 01/31 0/06 1451175 NcrstarEquipRent-Jan/Feb 933,58 TOTAL �� VENDOR -'''''-'> 933.58 Gateway Corporate Center GatewayCor �-1V12 4 ��V6C 0l/31 02/0� Refunc-EN 93-027 366.94 TOTAL DUE VENDOR } 366.94 Ce�ger' Donna GeigerD *001-4040-4O0V 4 602V6C 01/3238A 01/31 02/06 090-95048 MotSezretary-CCcnl-12//9 201.00 '001'�O4'}-4'��0 2 �32�6C o�/3238A V1/31 02/S6 'A 'WA �ntSecretary-CCncl'1/Y 19O.0O �001'4350-4�W 4 60286C 02/3238A 0\/31 02/06 09B -961W1 MntSecrecary-CommSvs'l,"!,'I l03.00 494.O8 Jvrdc Goruons 60�� V5/3368 0�/�1 02/�� S�pplies-Rereation SuppI� 862.47 *�12-4_5 5.3-552f 9 602 !,C 06/,""68 01/31 02/66 Scpi_lips-OialARidePrgrm -:7-AL --UE VE�71,0'R --------- Y45.94 Gc~da' Ramesh 181� ��1'3474 41 Re� -eat 1o" ReF,nd 56.OS I TPlE: 4: Olt 7 -11 77 ------------------------------------------------------------- ------------------------------------------------------------------------ t 4C j y 4 4 210 - 4 Ho, Mandy 1816 406F 78 6VZ2 Hisu, 7Viii: mas K,41. or HWstiThomas M 5 6i)2r *1115-4515-5500 4 602063 01/34555 4 602:6"u :it� -n 4:-, zi-EPAID AIlj,347 ----. - hL 'LUE R -------- -2 ettEr, E -d Ad,— -,rEErnKyC r r grin DUE -------- L. 4 0 3 '.1i Ji 0" oer. rim, inir Larvie b,-,-idy. TOTAL 3UE VENIIJOR --------i --.6 01/31 02,`116 167- -3 Recreation Refund .00 DUE VPA-GOR -------- 7 C."O L/ VQ Reand-Ery 9-5- :,12.50 �-T AL DUE "IC.NDOR -------- 01/31 02/06 UT04/12-95 EnviroMpitSycs-Dec 580.00 " 04 " " '." E lgir,.-t-lr'vcs-SldW stc-Dec: 1, (=1.x)0 TOTAL alf VENDOR -------- 1,975.00 y RUN TIME. 14.32 0'7 i!i/ 6 0 b C rt. E R R E G T S T E K_ . . . . . . . . . . . . VENDOR NAME VENEOR I.J. AC" ju NT PR0j.Tj_NO EATCH PO.LINE/!C. E' 7p'f JE TP ,5a = uES c 0, N -------------------------------------------------------------------------------------------------------------------------------------- ing, 1,15 CCII -3478 Re:reation Refund Ui JT P I . 4" ,vv Wl :I -------- e 4' J! ib 4 "; m -6 Ll Jan -Retire Contri., ..L I 60206-!_ —T, -net i re "On t r i b - P I in �6 Ll '.3rtrib--t;; 40 4 i') 6-16 -an -Ret� re o r, - r i b -,Re c : x,74.74 74 -451t-009,_._.5D VL - Jar: =st_re Con tr b 4 ij 1 02/(16 -Ret ire Contrib-P*s Vc, Jai=:-Qet:^eCor. t r i b - S 11 dWs t 4% ''1;_- 340 D, man E e L7or, t r i b - A t 2j 4 �-1 6 rKonl-r ib-C!"T.Fil k. 44� -j 1,31 0 2, i Y', 6 J., eti reContr b - LILr', D 31� -474' -Y,';i. V t). Jan --- 7_7AL DUE YENDCR -------- �,,27.-771 L 0 1 /3 '2 T6 PP /7' .-Pavral"Deduct4onc -42— -CCi 2 60206D F e R. e t i e: C o n, tr i b - C M 6 Cl 20 6 Dis iii:c FE?: -Re' r -c- Contr-b-F:7i 4,- G7 _0L ^e'; -Retire :ontrb ei -:1 A -4 " -R;nre ContrJb-EcnDvp re C Ll,-,,, r 41 b - F P. 4'%:..14 C R -4' t i r a Con'r IL PL Will V ..:C;c.---- ; o - Re t *r _.3 _!,St fl t F C- e cz C,- 1 -1 r Fe'_ het ire Coplu-riLj-LLA.P38 FE3e� Nr�p�,��/��'�� '��-�, ,777� OL-N� F��TX�0 8ATCH PO.L�N['��. ------------------------------------------------------------ E``F�/7:r ----------- —_-----_'_---_-----_—__—_—__--- IChA Re7irem* t Trust -4---7 VE1BR ----) *0* -21 if -1007, 1 6020�O 01/31 02/06 PP�4-26 Contr`t, ,2-4L J NDGR inlaridValley OlyMbetn [0@ *125-42 5 -2i15 2 6026�0 0il?;14 i)\/3l O2/O6 22 571 Ad'CGGG �abHrg E*.67 TOTALDLE VENDOR ----> 80.67 1p��nal Reve ue Ser.i�e �RS *00 '40130-0085 1 60206A 01/31 02ict;) Ad6'l8ppusit-4thQtrMpdicr 82.71 02/06/96 000,0025656 TOTALF��AlO AMOUNT '''-> 82.7{ TOTAL DUE VEN[0R ---'-''> 0.00 Interra lnterra *Ol0-4�5-62"20 4 602&0 01/3748 01/31 02/O6 ?6001 4 UPAC .kstations-Libry 4.071.02 *Q 10 2 6OlO6D �l/�872 01/31 �2/O6 96CO2 3 Keaoing Chairs'Library 398.36 TOTAL DUE NENW� ---''-'> 4.46Y.38 J.G. ucl-er �'GTucxer 2 �.2'06D 0-11/3814 O{/31 �ioo' 100,00 StnmeLight-SrPtrlV2hLlp 148.46 �NDOR ----> TOTAL � V� 148.46 Judicial Data Sisleme Jod8ataSys v0!'4411 -54O5 3 6O2v6F 01/31 02/06 Dec'Prkg Cites l53.92 *001-4411-5405 4 60206F 01/31 02/06 DecRvwProcess 6.00 -KIO1'4411-5405 5 60206F 01/31 02/06 Dec-Hrg Processing 2.(X TOTAL DUE VENDOR '------> 161'92 �dson,E.;ar} Knud5opE 6 60206D 01/31 02/06 Refund EN 35'109 812.50 TOTAL ;ENL3R ----> 812.50 L.A. County-Sheri,f^s Dep LACSheriff �-OVl'4411-5404 1 60206D O1/-31102/1)6 Nov-Trf�cC�r}-Cal��pl 5, 6, r: :elatl ar _.aJ,one .._ �:i ad ,,.Jig: �' _, :I _ __ -. -' _- •_P�Yt c �1,J/ C .la �.__ _ _.�. _� .'1 _ _ lC�.a ✓Y['�-Ci �._.. ..rl -_.•J�•I lij it 7: DU_ .I�Jf4. .._.44 .1.if- Re G IIC�'L„U mid 'J ?-�%; A: a:.J•_ ,6F 01/314 01/31 I ,�1D i'(UMr ': �i% _. :%4 IBCP gL1tBilrgs Y iO TOTAL r'UE VENDOR-------- 7 LA .00 League Gr a. Uities League x,:11-461-232` 10210_A 01/_;1 02/i:, Gen. Ntg l/4-Ci3rrerrera 22,G! Oi/:;r,' TOTAL PREPAID WUNT ----) 22.00 T01.k DUE VENDOR--------; 0.0c, 4* C i t, a n 1 j m 0 1 E a r s} RUN TIME: 14:32 02/iJI 5 - R ' T = ,; , r j. u U r: E _ E i J _ JL f iUE U. ............."; Lib,"' VENDOR NAME VENDOR 15. ACCOUNT rnuJ.TR-NO BATCH PO. _1NEi lO.=NTIRY;2* E IN'.'L,;CE ij-;'CRIF,71ji AMOUNT ;A'E ------------------------------------------------------------------------------------------------------------------------------------ t_egUe Of Ld. .....1es Leayue W:jii _eagle GF Ca. Cities League <i: •J a -4+).t:-4.:.•0 i]iJ;:ijh,D Legacy Travel 1, 7oLrsLegacyTra• *00f-43'50-5:310 6 60:O61; 0113J7J "J'= 2 602061) 40VI`4350-5310 8 602;iru 01;.357i Legacy Travel & Tours LegaiyTra 4 6n2:8: _cgal 7-- & _.2yci_ V c _.. _�goi � �• _. =D l:0 _-i-1206D 1-_. 60206D on drd L 9-q.l ir'J :E 01 31' "i,6 =1r:gCommurientatn-Herrera 50.00 02j /'--fr. TOTAL PREPAID AMOUNT ---- 50.00 TOTk DUE VENDOR --------) ).00 J %til vl%c)r: Con T- /2' -_j1 -Fr _: ilK:i f 4L0 ,00 -C'AL DUE VENdiOR--------) 420, i;0 01/31 :2/06 A002` PrdeLigiitsEic-12/2 5o7 l�-iF•� ^C��r"'7 t. - t5`i...: i'.i 443., 0 0(;31 v2jv'u Ais02i Ezcur-r'rdLightsl2/23 ;81:.00 34 52, i6 Efcurs-`�afrtneOetawq` eps 500. 06 024 06; c tji,OC: _�__ : TL AL FnEF AIDC.LT ----, 5Ch).t)0 _ . -.:E ;;�,.., -2-AL :yCIi T ----1'0 tl�_ )t, _ -i.. ter: ?r -_}i. +]"i_a�'t s. U:' _ 4.jii,l.•: TLI''"L D„�"1R - ) 430. 0'.: _1!•.J1 U1, ';)6 _:4. v._� i;r __te[il -EN I.J-r. :�'-JiY 714. V{V DeG 3P:.vo-EN llti )1 )2`1106hVW-[N . _ 1..: 44; . t• t)2.' _ TAT !+,y 1/.: 40. TOTAL LUE ')ENDOR--------) 40.00 jv 7 *'Aj -21 W-10114 Liu, Ken LluK *001-2300-1012 8 ;10206D *001-4010-2330 5 602060 Lucero, Andy isil *001-.3474 3 60206E maintex Maintex 60206F 01/3873 llwiposa Hcrticultutal Mariposa *13,3-453,8-5500 2 60206F 01/3142 McDuff, Jan *001-347/8 60206F jr vrrlwR 7AL 0! E ;,c.., -.,.n -------- UC. Ref u r. EN 9--V'LJ 20 7 . 89 7" TAL 'U E V-"'nGR -------- !U! -.;_;.39 0i; 3i 02/06 Refund -EN ?S-0.36 '252:iO. 1337 TOTAL DUE VENDOR -------- 2550.137 01i31 02/06 Conf-'-Iii )/7 -10 -Werner -n -00 24'- TOTAL DUE VENDOR -------- i - -F , A 00 01/31 02/06 17056 Recreation Refund 27.00 I TOTAL DUE VENDOR -------- -'i 21.00 01/31 02106 187714 Maint Supplies-HrtqFrkCtr 230.66 .,-TAL DUE VENDOR -------- 2-0.66 01/31 02106 8758 Dec Maiit--Dis, 38 ,OTAL DUE VENDOR - -------->='200.00 011131 02/06 16454 Recreation Refund 17.00 TOTAL DUE VBUR --------1 17. (Yj T I 14. 34 "42, v J j L t -- v R "11'. ilu Zh: i Lill -------------------------------------------------------------------------------------------------------------------------------------- 7`1 INT L= '74 -4 -4 1: E Rr R Ec Comm Mtg -J, _..Liv- -------- _gE 4 i�" - r) a R -_______i - iJ,05 c"Cl ]4' wEr- Fuel-Plng is De_ DUE )E'i_JOR - - - - - - - - 4-c—lel-I and :,I, _'UE I-ENDOR -------- Co i W 4 _. _2 0- 01 .3 -I L f)i ' A, Pa iro I I ons -,I: '1 /2 74 -c;- ege 3an Ant nic, Coil �"3ankitcn _4C eL TSAL PREPAID AMOUNT ---- TIT DO' VENDOR -------- L t Dar. Hitordr, Col lege MtSankt�,n `_.-40i.-__'5 71 602C,6A t.!4o475ari/t4p"er 1`f' D D2 TLCTAL ;:!.CFATI AMOUNT 15" "Lf!' I 'EN'DD� - ---------- 0.i` i jEtEicape Cwmiunicati.wis N -t4 A {:5 C! 6G 4 :5' ::— 61 n :,et 3gt��.7_.,_11 jC7 _2% 6 Fll14� c c -Net s7 Nav r T vENr� --- -------- 5'-. �4 0 TOTAL DUE VENDOR ----) 40.00 ~�e� � �meFi�� cERSHealth ^0O1'211O-l003 1 602O6A O1/3� C�� m,HealblnPrems \O.�59.V5 02/O6/96 ;VOV.��49 oV26A=a0-��/�n -oes PREFAlD AMCUNT --> 10.415�� Facific Resear h Pac'c�srch CE>22Yv5 �ms:mer Re��rc Survey 4,00.00 ++� t/ o� C�aoons Gar *^* -1 ,2��V96 V3UC- - - R-��E� LJ E 'F" L............��96 VF�JR NAME VENGOR M. * + FRE�4I[ , * ACCQLNT PROJ.TX^NO BATCH PO.LINE/NO. --------------------------------------------------------------------- L4TRY/5UE �uvOlCE DIE SCRlPTlJN AMO�NT �ATE ��ECK 1eztei Cammunicant iQTie Nedel ' *01 444 2 602O6G 01/3365 0{/3l �� Y50262 �uipHe t-Dec/2 WayRadios t-GTAL DUE VB4DUR ----> 170.32 JCB Reprographics OCGReprogr *25O-4310-6415 06696 8 602060 01/3773 01/31 02/06 243314 ClP-MapleHillPrk 134.83 *250-43100-6415 O6596 iV 6020nu- O1/2511A O1/31 V2/06 265O22 PanteraPark'ProFSvcs 73.3O TOTAL DUE VENDOR -'--' - > 208.13 Oifice Depot Uf6ceDepo m01'4090-12,00 5 602066 35/3367A 01/31 02/06 015910934 Supplies -Gen Govt 129.60 *O61-4310-1200 3 &C-2060 �,�;/3367A 01/31 02/06 016458865 Supplies-Prks-CrMemm 13.O5- 1:3.05- ��'409�-12VO 6 6V2V6G 36/33b7A . -1 02/V6 V1�089756 Supplies-�m6um-CrMemo 57.10 - *001 -4510-1200 2 601060 37/3367A 01/3l V2/V6 0161047180 SLpplies-PubWks 32.02 *001-40110-1200 8 60206G O1/3836 01/31 02/V6 016113328 Supplies -City Council 5.16 «001-409(,-11.00 4 6v2,06G 32/3367A 01/31 02/V6 016136065 Supplies -Gen Govt 75.71 *001-4040-1200 z 602060 33/33o7A 01/31 02/06 016136147 Supplies -CM 153.54 WW160204Z50-1203 1 6V2�3V33�7� V1/31 O2/V6 2 V1613617pplies-CommSvcs � 90.O2 ��\-4�1O-1�N 2 u02V6G 2Y/3367A 01/3� V2/V6 V16l36202 Supplies-Pbg 2*3'71 ^0v1-4310-1200 2 602 0j 361A 011,31 02/06 016136237 Supplies-Prks 29.63 .q.001 _4210-120 1 w)2V6; G 28/3367A 01/3l 02/46 016131,250 oupplies-Plng 18.4O *00`1-4510-1 DO 1 642O6@ 27��67A 01/3\ 02/V6 0161,31,12,110 Supplies'PubWks E6.59 *001-4010-12,0 6 6 6206 O1/3836 01/3� 02�� V1�l399Y1 ��wr��lFileCabnet 142.89 �u ) I-4V1V-12 '150 1V 60�060- 01/3Kk. 0l/31 02/06 01614491 Supplies -City Council 5.16 *00�-4Ol0-12�0 �2 6V��G 01/3836 01/3� 02/V6 V16153955 Supplies -City �mncil 30.98 *0O1'4V40-120O 2 6O206G 34/3367A O1/31 0/V6 016162273 Supplies-CClk 18.01 �001-40l0-��O 4 01/31 02/V6 V16l6�285 �drwr�eg>FileCaboet '42.89 TOTAL vE VENU0R --''-'''> 1099.1u Ortiz` Tom JrtizTom *01-4553-410C, l ��6E O1ll"311 02/0" T&T Mtg 1/11 4C),� TOTAL DUE VENDOR ----) 40.00 ~�e� � �meFi�� cERSHealth ^0O1'211O-l003 1 602O6A O1/3� C�� m,HealblnPrems \O.�59.V5 02/O6/96 ;VOV.��49 oV26A=a0-��/�n -oes PREFAlD AMCUNT --> 10.415�� Facific Resear h Pac'c�srch CE>22Yv5 �ms:mer Re��rc Survey 4,00.00 `+* �NTIX- 14;-'��'�� 7ZR 7,��5-�� .............�2�./5 v�8E 17 NAME VEnDOR _—_______—__----_—___________—_---__-__—__--_—_—____—______--__—_—' GATCa PO.[�E��. . VEuR ----> �urra` 'Fl ia C-F7;C) ��1'3223 2 ��O� 0i/31 C�� efu �'�fCiLe'D82476 36.�8 �JT�L _'UE v"_*DOR ----> 300.00 6' r3yro|' Trar.sfer-Pr'l 47:.5"�./ �/ k f�. i TDTA� PRE�A�0 AMOUN7 --> 95.�..N) T'rAL �� «E_GR ----> ;.00 P�uto Plby Kim PhctoPlu� �61-40f5'2112 2 G 01, 02/ 6 pho o ProceeinV-Com�vlA 7.96 ��1'�m5-2112 4 6V206G O1,'��1 Q/31 02/06 Phot��ocessi�g-HomePage 28.09 36.05 Pzermarmi Humes PierMarini ��'2SVV-l012 14 6OlO6E 01/31 02"',(,ReFund'EN 95-1.1.1 TOTAL DUE E@DOR ---- O0 p�tney 3o�s piLneyBo°e *:Dl -409V-213* 5 60206G 01/3167 01/31 02/06 Remt/LeaseMai1Eqoip-Des 99.59 t 01/3167 V1/31 0/O6 Rent/Lea»s-lail[quip'3ec 31�.3u 7 60206G 01/3167 014/31 02/O6 Reot/LeaseXazlEquip-Jan 99.59 07AL U[ VENDOR —'---> 518.52 Pitney BuweS PiLneyBowe -409, -210 3 6�02)60 01/388 011�1 0,2/06 309;41 Pustag'e Meter, Supplies 70 TUTAL DUE VENDOR ----> zt.70 Ponmoa District Poo�udDist *001-3223 1 60206E 0/31 V2/,;"16 Dec -Parking Activity 530.00 TOTAL DUE VEN8GR -------- ---Pomooa PomonaUnified School PomViyscol a0011-4010-2325 4 66206A 01J31 02/06 KOTCBall1/13-Ansari 30.00 02/061% 8000025652 TOTAL PREPAID AMOUNT --> 30.00 ' *«* COiamond 8ar *'* mUNTIME -1S2R GE �3 DUE 7HRU............. 02/V6j� :Ee[;ENGOR ID. ��LIN,T PROJ.TAX-NG BATCH PO,Ll,'iE/NC, ENT F; /DUE lNVOICE �SL 1PAMOUN, OW ch—� ------------------------------------------------------------------------------------------------------------------------------------ �N1-40�h-2325 14 602��E O�/3901 0�/3l o2�� Trn�-TuurC zne�eDel��n 01.25 TOTAL DE VEN�OR ------> �31.25 price ��int o'int �N1'4V90'��5 �0 6V2StG O1/3825 �1/31 82�w LamtasbTrm lEMLltrU�rPk 1.4 .8.43 TOTAL --jE VENGOR --'^—> Project Sister Pro Sisb� �1-.7 ��TAL �� VENDOR--------- 2M., 00 prudential Ser^ice 8ure8u ZISBI *001'211V- 004 1 60206E01/J1 V2/O6 Fe�'Deotal Prems 1288.52 Feb -Vision Prpms 4Y5.1Y TOTAL DUE VEN6OR -------- |.78-.71 �-ib iic Emperemen� F��S *001'211V'1008 PPI Retire Cuntrib-Emplyr 2.Y72.41 O2/0�/96 000;�25��2 »0� 21�V'10�8 2 �CZ�6A S1/3� O2/'O� PPI Retire Coo�rib'Enplye 3.3VV.06 V2/V6/n� O00C��62 TOTAL PREPAID AMOUNT --> 6,272.47 TOTAL CVE »ENCOR '-''--''> �.S0 Pobli� Empl Renrpment *6�1'21�V'1063 3 60206� V1/3l 02/06 PP2�� Retirp Cootrib-plyr 330,81 02/0�/96 O000325�6J 7 60206A V1/3l O2/06 PP26Ret1reContrib'Emplyr 3,035.24 V2/V6/96 O0CW2566J TO�L PPEPAlD AMOUNT TOTAL DUE VENDOR -----} O.VV R&OBluw 6412 09O96 2 602060 01/3776 01/31 02/06 31099 52 Page Book-PubWks 92.41 ��V'�51O'�412 O9C9� 3 60206G 01/3776 01/31 02/06 31099 72 Page Spec Book-PuhNks 6�.4� »0V1'4090'2100 2 602060 01/3823A 01/31 02/06 31291 Copies'ClrmntYthMstrPln 108.1V TO�AL UE VENDOR ----> 35Y.97 RJM Deign RJMDesigo *25O-4310'64 5 06696 12 602O6G 0i/387 'I Pill 02/06 1��1 CIP-Ma leHiDRetrfit 4,C4.0.00, I o Ba. *^* 6UN��11-D 14/32C�/01/��REGTER PAGE 1Y T- T� . . .....,.....Or 0 /ENDOK ME VENDOR 0. « * FREPA J * * A[CDUmTPROJ,T/-'rD BATCH K.L[NEIN0.�MOUMT DA�� ______________________ _ _ __ ______ ___ ___ _______________________________ Repro Graphics ReyroSraph 4O9V-21102 602�6E N/3845 R�chards �,atsom & Gers�:on Richards,4a e)01 -4020-4020 1 602061 16/3334A �01-4020 ,"oO 21 1 602061 V3/CSV7� *001'4040-2390 3 602061 12/3304A *227 4510-64U �19� I 6S2O6 17/33S4A *250-4310-6415 06o96 13 602061 15/2334A *250'4510'6411 10396 9 602061 13/3334A *213O-45lO'64 1 10096 0 602061 {4/3334A Robbins Precast Inc. Robbins -'re *1 602066 1 J3 Robert Driver Ins Co. RobD:rive *001'2-300-1004 1 60206A Robert Driver Ins Co. RobLrive *50-4810-7200 1 60206C Roberts, Oequila 180 ��1-3478 1 6420W 70/ Allem Slurry Seal inc RoyAli em *250-4510-6411 01496 6 6020,66 0111-723 �y Al.en Slurry oc-al Inc RoyAlleo 01/31 V2/06 7554 Bikimnite Stationary ;1/S1 02/06 b/��i S�siness �ards'Pr�g TOTAL DUE VENDOR -------- I --- 1 V2/06 01/31 02/06 01/31 02/06 01/ " 1 02/06 0l/31 02/06 01/31 O2/06 01/31 02/06 01/310/06 2017 Legal Svcs -November 3.2z2.25 Legal Svcs -Cable TV Legal Svcs -Elections 275,00 Lega} 3vcs-11PS Comtract 542.50 Legal Svcs'Mapleh/llPk 87,50 Legal Svcs -DB Blvd 12.50 Legal -Svcs -Sunset Xing 12.50 0/31 02/06 SpecEvntlmsurnceOct-Dec TOTAL FREPAID AM0UNT —'> TOTAL DUE VBe0] ----> 01/31 02/06 461036 Olt -311 02/06 17W5 01/31 02/06 1216 0l/J� 02/66 123� BlnketFidelty8ond TOTAL DUE VENDOR ----> ` Recreation Refund TGTAL DUE VEN08 ----> 137.92 l�'92 196.23 02/06/96 00000225653 196.23 0.00 1,506.00 SlurrySeal-Area 6 4,104.00- Slurr 'E-eel-�ren TOTAL iE&DO� ---- 7..3—.12 f 1-43'7 Ya gadc T:iya C 14 4 +7A i _an 3abr==1 Vly-r4bune SGW!. b C74 :;i)1-4{�''ci-2320) 69206E C1;`3`a11 '::- i; l 0- _i3 ';1+t1-YC.1L- i i ` tl •2._)6G _ 0- fi:i0 1-4330-2115 4 6t2060 02'/3405/0, 4; k:25-'2'1 -211506 Smith, Lida Kay 406 -451C-2340 1 60.206A Zi n SmithLinda 1 6022,66E C)1/31 02 06 01/31 42/06 19199 01/3)l 02 j;7f, 30 :_.?ast ir`yl�r�ality M�,;,t 3LAisjti #UU1-4415-1200 2 60206h 01/3259 01/3i 02/04 41i"71-4415-23LO 4 iv:tihM 01/ ;k.1 '.i1: _1 0T<<'i+r_. u REc C:-iifii Mt,-; j 1 y� Ma: lrstai:10-r-Komptr TGlA_ IDUEYENEur; ___--___t Re.=reatlor Refund TOTAL DUE VEPMOR-------- One Year Subscription -96 D -Senior Cocrdntr Ad-rrk Maint Hlpr Legal Ad-%I:SG TOTAL DUE VENDOR --------; Badges-MyrAnsari,Her,-era ., , TO' AL EUE VEND 'R --------> Stationary-Envelcges TOTyL CLE VENDOR --------'r TLitI0n Reimbursment TOTAL LUE VENDOR --------i Oil-SrPtrlVehcle Fuel-Sr='trlVehcie TOTAL DUE VENDOR --------? 43.3' 166. 26 23 75 J =/ 19-3, 15 500, 60 500.00 44.8:3 314.171 353.89 RUN TIME: 14:32 02/01/96 V O U C H E R R E G I S T E;- Ra PAGE 21 :jUE THaU.............'�;'t?c,/=6 VENDOR NAME VENDOR ID. 4 # PREPAID x ACCOUNT PRCJ.TX-Nu HATCH PO.LINE/N0, ENTRI/ti}E INVOICE ISE3CRIPT13N A.MUJN1 GATE 3t:: ------------------------------------------------------------------------------------------------------------------------------------ A. ------------------------------------------A. Ca. Jai.._ Powers ins. ECjPiA. #510-4x1:1-7'200 2 617206E 01/311 02/06 All Risk Prop Ins -96 3 1172.0[? Southern Ca. Bindery SoCaBindry 411[,•1-4095-2120 3 60206H 01(3403 ,Mi3l 0"106 14871 Standard Intsur'ance of Ore Standar In 4001-2110-1005 1 60206E 01/31 02/16 ?1; � 02(,16 Etwley R. Asscc, Stan-c:=T;a 4u01-4id 4::20 5 602061 01/:76:. 01/31 02/06 State Compensation ins Fd StateCamp #;>Ji -211 10-1011 ta.y 01;'31 ,v?1-2110_':., y [111'1 -2111+? -11=11 1':?,A 71;11 02 3wartzander, Dareen 1317 ,..., #''ri-..470 7 ri2r_,F 01/31 }?lilr. 1F,1t}'7 TFa-Redi Property Data REGI 4.!?1)1-42; -21.30 2 60206H 01/3673 01/31 02/06 Tin, Wendy TanW `-,, ';;i , .:-101 _0hE .c ' — 01;`'1 The -wing Group ThoEWi gsr 4.:6,1-4010-400* i 60'206^n 01/31 02/066 - 401;? -A0. TOTAL DIVE VENDOR --------)+:;t} Newsltr,MaiiingSvcs-Wnter 261.02 TOTAL DUE 'VENDOR --------i 261.01 Jan Life Ins Prems 420.50 Jan :uppl Life Ins Prems 25,»0 TOTAL DUE VENDOR --------) 44.5.90 A, s-Ge;.FIIniI-itve 9,740.0G TOTAL DUE '•VE'NDOR--------) ''/, 740. 11!0 t - c Dececiwrrs:^,mpf�^em-3r1t0 �, -.P4 02- -- - -• - _", Oct-DecWk:rsComprrem-1410 2,165.__ 02;`06/96 Oct -Dec WkrsComprrem-94� , 5f r'. 41 `.�,rt. _.; TOTAL ='REPAID AMOUNT ----i 5,4&8.0 TOTAL AL DJE VENDOR t,t, R'ecreation Refund TOTAL DUE ':'ENIJOR--------; 54.n} ProprtyDataSu6scrptn 7'20,vV TOTAL DIE VENDOR --------) 72:,,';6 Re -':Ind -EN 95-114 775.100 -�.TAL , E `:ENDIOR --------) "`.0'1 Legislty Represent S;cs 3,n:_0.00 02.1 06/Y6 Canc=..a`_ior of TOTAL PRE" ;'.D AM0-U"1T ----'r ^'�` 1}'S J1 j u' _ _F SecurtyDepst-HrtgFrkCtr• 50.00 TJTAL DUE VENDOR --------) 50.00 01/31 02/06 Add'1Pstge-WntrNwsitr 353.14 02/06/96 000+1025642: TOTAL PREPAID AMOUNT ----} 353.14. TOTAL"DUE VENDOR --------} 0.001 01/31 02/06 Fuel -Gen Govt 43.50 01/31 7r...' .__... Fuel-r'rk & Rec 20.03 TOTAL DUE VENDOR --------} -01-4',. _1 .: a tlw,_n 0"' T&T Comm Mtg 1/11 40.00 G_i.' Rer Ltl. .:ne7�ar`'ii�e= 4i ..JI_i 40.00 TOTAL DUE VENDOR --------) 1a2.5± 'rvedi, x:01-3474 F 01/31 02i06 16627 Recreation Refundc=.Of) 77AL 'DUE VE-NDOR--------, _:, ye, Steven 7ye3 *001-4350-4100 06 602,06E ii '.1 .1; - tl� ir_ /�' �'rF �; ?- + , & . Pec Com 1/1, 40 Of) TOTAL DUE VENDOR --------) 40.00 Ultrasystemsnviromer:tal ,itrasyste +001-4210-4240 2 60206G 01/3705A 01/31 02%06 4074 Prof Svcs -MRF 3,169.40 'ail -42+t' 4240 ,�- 4 /:3-i:;.l 60 C:60 :1 5A 0`11/31 - ;I;:/��Y ,.:,,, 4,;,,r. F'ra+ Svcs -,,;:F 6,4t°.;:2 TOTAL DUE VENDOR --------} 14,633.52 Lnited Asian Club un,tedAsia #101-2'300-1002 3 60206E United States Postal Sery Postmaster *071-4045-2120 1 40206A Virgil`s Mobil Service Virgils *001-4090-2310 2 60206H 01/3439 *001-4310-2310 4 60206H 02/3439 Virgink:ar, Arun 1hrginkar *QN 1-455:3-4100 3 60266E 01/31 02/06 SecurtyDepst-HrtgFrkCtr• 50.00 TJTAL DUE VENDOR --------) 50.00 01/31 02/06 Add'1Pstge-WntrNwsitr 353.14 02/06/96 000+1025642: TOTAL PREPAID AMOUNT ----} 353.14. TOTAL"DUE VENDOR --------} 0.001 01/31 02/06 Fuel -Gen Govt 43.50 01/31 02/06 K:195532 Fuel-r'rk & Rec 20.03 TOTAL DUE VENDOR --------} 63.53 01/31 02/06 T&T Comm Mtg 1/11 40.00 TOTAL DUE VENDOR --------} 40.00 � J aord Bar »+* TIME. 14.32 C 7-71,...........�2/Ct'c6 E R R E G I S T E R VENDOR NAME ACCOL�T PR�J.TX'NO —_—_______—_—_--____-_'____________--_____—_---_---_—___-____------ �ATC� ;G.�{mE".0. B T� OEE��p��O» A�JGsT G4TE C�E� +�l'4�z11'�26��e��l �� 9D.25 4:.- .16 14 S16-2126 Water Usage -Maple Hi1l Pk Usage Fe'erson 1:-K L316.27 4�14�221� � �� O1�| �/� W�� e'R� Reagan 1.0�.� V4a4"er _15-age-StarshinePr �01-4328-2126 W. -der Usays'Summtr ge 1.�.'C'.14 �-erUEage-SycDmPrk TOTAL DUE VENDOR -------- ---ist i t WVwaterSIs *1J8 -453O'2126 1 60206E 02/V6 Water Dist 038 7459,82 TOTAL CCE VENDOR -------- '-'`'—Walnut WalnutVly Water Cist ��aterDis »141-4541-212� 1 6O2ScE Water Usage -Dist #41 4,41K,55 TOTAL DUE V[NTIOR -------- 4,462.55 Walnut Dot »�39-4539-2126 1 6E V1/31 02/V6 Water Usage—Dist #39 5.2 4.74 TOTAL DUE VENDOR '—''''-> 5.234.74 Nalout Vly Water Dist WVWaterDis *133-��8'2126 2 6020�� O1/J� V2/06 Rpclai�..-4Woter'Uist38 50.01 *138`450.6'2126 3 60206H O1/31 '(.12,;06 ReclaimedWater-Dist38 58.46 �138 4538'2126 4 6V ReclaimedWatpr'Dist38 35.c2 TOTAL DUE VENDOR -'----> 143.9Y ual,ut� City :F Wa\nutCity *00l'4411 -220V 1 602O6G V1/31 O2�� 0 Upgrade to C'CAP System 6,6L0.00 TOTAL DUE VENDOR -- —� Waner. SM -.fly WernerGory 602O61T 01/31 O2/O6 CCCA Confe,epce Exp Reimb 35 .;v TOTAL DU[ VENDOR ------> 35.00 !�Pst End Ur Forms tEndUni *;01-4415-12,00 4 60206H 0\i3472 01/31 02/06 39560 Un/forms-VolntrPtrl 43.64 � *^» C�ty of D/amcno 8ar »�+ RLIN3NE:14:3202/01,96 VOUCHER SEGlSTER PAGE 24 LUE THRU,...........O2/��/Y6 VENDOR NAME VENDOR ID. * * PREPA[D * + ACCOLpf4T PRO �� .LlN�. E�� l�l� D��T� �� —__—__'___—_—__—______'_--_____---'_—_--___-___—_____--__—________---- WestPublishmgCo. WestPub ��1'4090-2320 4 60206H 01/3239 Wise, Thelma 1812 *0V1'3472 1 60206F Wright, Paul WrightP 1001-4090-4000 3 60206E 01/3305 �semite Concessinn �s�miteCu Zellerhach Zelllerbach 0/31 02/06 CA Code Update -Pu lctn 411.87 TOTAL DUE VENOOK ----> 411.87 01/31 0/06 16(J'83) Recreation Refund 9 3,00 TOTAL DUE VENDOR ---'-'''> 93.00 01/31 02/06 Audio/Visual Svcs -1/9-46 45O.00 TOTAL -DUE VENOOR -----'-> 450.00 01/31 02106 AczomLocGvtCom3/7-10Weror 687,51 02/06/96 0000025664 TOTAL PREPAID AMOUNT ''''> 687.51 TOTAL DUE VENDOR '---'-') 0.00 01/31 02/06 90829 Recycled Copy Paper 755.59 TOTAL DUE VENDOR ''-'''-'} 755.59 TOTAL PREPAID ----------- -' '--''-TOTAL TOTAL3UE -'''-'' ''''''-> 769586.415 TOTAL REPORT '''-''''-'''> 912,13Y.03 T —1 3 SiTED TF,=- PIv c", C E S E -t -SE Li LL mi 1: Af' - L ------------------------------------------------------------- ------------------------------------------------------------------------ lel��all Fz.: 46- 1' pr=p A-7r�pqjt F 32,n 47 fid °_= F L, d _IPL: 'tl "LMIJ L r ar Service � Traffic ilii me 45' e "T a E TOTHLI------------ ------------ ------------ ------------ ------------- ------------ ------------ ------------ 54. 7 Q D, 74 .2 CITY OF DIAMOND BAR r AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: February 6, 1996 N REPORT DATE: February 1, 1996 FROM: Linda G. Magnuson, Accounting Manager TITLE: Treasurer's Report - December 31, 1995 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of December 1995. According to the City;s formally adopted investment policy, the City Council is also being provided the December 31, 1995, State of California Pooled Money Investment Account market valuation. The City funds which are invested with LAIF are included within they account. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Spec. (on file in City Clerk's Office) Ordinances(s) _ Other _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed 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: REV EWED BY: �J�J rrence L. Belange 7 City Manager Frank M. Usher Assistant City Manager Yes_ No Yes X No Yes X No Yes X No Li da G. Micffiuson Accounting Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 6, 1996 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - December 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 December, 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 December, 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 December 31, 1995, State of California Pooled Money Investment Account market valuation. The City funds which are invested in LAIF are included within this fund. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT December 31, 1995 j.. ... ..... .$. ..... ti...., .. r _...... x „1�}� .. M1 v:.r:. .. ,, y:...•Q rF. ,l;%f• ::. {f fr.:t',: ..:..,..,r,....:....,}y..............i•: •,S•y:»y:.,rr:::y>2yY�•ui.. ..... .« ..eh ..";spy`.^,:,.,`i,{ :y. ......•....3,?, GENERAL FUND $8,184,951.63 $1,234,764.10 $745,731.98 $8,673,983.75 LIBRARY SERVICES FUND 159,181.85 159,181.85 TRAFFIC SAFETY FUND 51,540.16 9,928.18 61,468.34 GAS TAX FUND 2,662,104.33 1,315.86 2,660,788.47 TRANSIT TX (PROP A) FD 1,265,359.71 15,540.30 31,538.75 1,249,361.26 TRANSIT TX (PROP C) FD 1,274,964.58 42,961.00 1,317,925.58 INTEGRATED WASTE MGT FD 74,180.71 12,103.53 4,886.01 81,396.23 AIR QUALITY IMPRVMNT FD 90,258.36 14,940.33 1,872.91 103,325.78 PARK FEES FUND 371,734.20 371,734.20 S PARKS GRANT (PRP A) FD (59,767.03) (59,767.03) COM DEV BLOCK GRANT FD (164,230.41) 8,022.45 (172,252.86) LANDSCAPE DIST #38 FD (18,824.95) 104,202.00 17,589.67 67,787.38 LANDSCAPE DIST #39 FD (40,312.41) 65,988.00 12,857.46 12,818.13 LANDSCAPE DIST #41 FD 140,016.23 48,862.80 4,017.41 184,861.62 GRAND AV CONST FUND 67,905.57 40,317.17 27,588.40 TRAFFIC MITIGATION FUND (612.50) (612.50) CAP IMPROVEMENT PRJ FD 211,624.13 71,337.99 140,286.14 SB 821 FUND 144,277.89 144,277.89 SELF INSURANCE FUND 485,399.26 485,399.26 TOTALS $14,899,751.31 $1,549,290.24 $939,487.66 $0.00 $15,509,553.89 SUMMARY OF CASH: DEMAND DEPOSITS: INVESTMENTS: GENERAL ACCOUNT $171,281.05 PAYROLL ACCOUNT 778.09 CHANGE FUND 175.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $172,734.14 TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 LOCAL AGENCY INVESTMENT F 15,336,819.75 TOTAL INVESTMENTS 15,336,819.75 TOTAL CASH $15,509,553.89 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 November, 1995 5.805% L.A.I.F - Effective Yield for December, 1995 5.748% There are sufficient funds available to meet the next month's financial obligations of the City. Estimated Market Value Including Accrued Interest $ 27,744,848,185.46 NOTE: Certificates of Deposit (CDs), Bank Notes (BN), Repurchase Agreements, Time Deposits, AB 55 and General Fund loans, Commercial Paper, and Reverse Repurchase agreements are carried at book value. Pooled State of California Money Investment Account Market Valuation 12/31/95 :. United States Treasury. Bilis $ 2,043,006,842.54 $ 2,076181,752.00 NA Strips $ 1,174,042,000.00 $ 1,343,876,120.00 NA Notes $ 5,867,873,290.61 $ 5,866,083,593.75 $ 89,476,611.84 Federal A enc : Bonds $ 263,139,956.60 $ 264,690,344.45 $ 3,821,754.53 Floaters $ 254,953,652.80 $ 255,360,937.50 $ 2,248,242.50 MBS $ 177,943,338.52 $ 177,004,443.60 $ 1,049,990.82 TVA $ 29,881,572.79 $ 30,282,140.52 $ 736,364.19 GNMA $ 5,246,712.48 $ 5,766,326.50 $ 49,576.66 SBA $ 67,343,403.33 $ 68,646,318.74 $ 796,358.88 FHLMC PC $ 39,229,927.90 $ 41,804,763.88 $ 628,054.40 Discount Notes $ 1,222,672,778.33 $ 1,236,775,486.59 NA Bankers Acceptances $ 438,978,803.54 $ 446,553,988.75 NA Corporate: Bonds $ 1,263,933,932.78 $ 1,272,554,507.35 $ 21,540,317.56 Floaters $ 491,209,064.18 $ 491,154,375.00 $ 3,460,309.27 CDs $ 3,201,339,925.72 $ 3,201,339,925.72 NA Bank Notes $ 180,006,030.39 $ 180,006,030.39 NA Repurchase Agreements $ 250,000,000.00 $ 250,000,000.00 NA Time Deposits $ 335,195,000.00 $ 335,195,000.00 NA AB 55 & GF Loans $ 2,552,806,556.00 $ 2,552,806,556.00 NA Commercial Paper $ 7,663,460,562.72 $ 7,663,460,562.72 NA Reverse Repurchase $ 136,927,750.00 $ 136,927,750.00 $ 1,574,818.65 1 TOTAL $ 27,385,335,601.23 $ 27,622,615,423.46 $ 122,232,762.00 Estimated Market Value Including Accrued Interest $ 27,744,848,185.46 NOTE: Certificates of Deposit (CDs), Bank Notes (BN), Repurchase Agreements, Time Deposits, AB 55 and General Fund loans, Commercial Paper, and Reverse Repurchase agreements are carried at book value. r` T T V (-1 L' n TAMC -I " I -Z A Q AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: February 6, 1996 REPORT DATE: February 1, 1996 FROM: George A. Wentz, City Engineer TITLE: Award of contract for construction of Golden Springs Drive Subsurface Drainage Improvement Project (Sylvan Glen Road to 500' Northerly) SUMMARY: Staff was authorized to advertise for bids for the construction of Golden Springs Drive Subsurface Drainage Improvement Project (Sylvan Glen Road to 500' Northerly) on December 5, 1995. Bids were received on January 4, 1996. The lowest and most responsible bidder was Gentry Brothers, Inc. for $71,260.00. Staff recommends Gentry Brothers, Inc. be awarded the conrtact to construct said project. RECOMMENDATION: That the City Council award a contract to Gentry Brothers, Inc. to construct the Golden Springs Drive Subsurface Drainage Improvement Projects (Sylvan Glen Road to 500' Northerly) in an amount not -to -exceed $71,260.00 and provide a contingency of $10,000 for the project. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinances(s) X Agreement(s) _ Public Hearing Notification g Bid Specification (on file in City Clerk's Office) Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney? X Yes 2. Does the report require a majority or 4/5 vote? Majority _No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? N/A _ 5. Are other departments affected by the report? Yes X No _ Report discussed with the following affected departments: N/A REVIEWED BY: Terrence L. Belang Frank s r City Manager Assistant City Manager n Tmv ""UNCTL REPORT AGENDA NO. MEETING DATE: February 6, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of contract for construction of Golden Springs Drive Subsurface Drainage Improvement Project (Sylvan Glen Road to 500' Northerly) ISSUE STATEMENT: Award a contract to construct Golden Springs Drive Subsurface Drainage Improvement Project (Sylvan Glen Road to 500' Northerly) to Gentry Brothers, Inc., the lowest responsible and most qualified bidder. RECOMMENDATION: That the City Council award a contract to Gentry Brothers, Inc. to construct the Golden Springs Drive Subsurface Drainage Improvement Project (Sylvan Glen Road to 500' Northerly) in an amount not -to -exceed $71,260.00 and provide a contingency of $10,000 for the project. FINANCIAL SUMMARY: The total allocated project budget is $100,000 of Gas Tax Funds. The engineer's estimate was $85,300. BACKGROUND/DISCUSSION: The Golden Springs Drive Subsurface Drainage Improvement Project (Sylvan Glen Road to 500' Northerly) is a construction project designed to mitigate the seepage of natural groundwater into the pavement base and through the asphalt pavement onto the roadway of Golden Springs Drive. The project proposes to install subdrains which will be connected with the existing Los Angeles County Flood Control District storm drain. The goal of the project is to protect the pavement from intrusive groundwater and mitigate premature pavement failure. On December 5, 1995, the City Council approved the plans and specifications for the Golden Springs Drive Subsurface Drainage Improvement Project and authorized the City Clerk to advertise and receive bids. On January 4, 1996, bids for said project were opened. A total of twelve (12) bids were received. They are as follows: 1. Gentry Brothers, Inc. $ 71,260.00 2. Los Angeles Engineering, Inc. $ 74,816.00 3. B.R. Day Construction, Inc. $ 85,554.00 4. T.A. Rivard, Inc. $ 86,300.00 5. Vido Samarzich, Inc. $ 98,480.00 6. JDC, Inc. $ 98,820.00 - Tc� Subsurface Drainage Improvement Project February 6, 1996 7. SRD Construction $ 99,520.00 8. CBR Engineering Contractor $115,187.60 9. Ronald L. Smith General Engineering Contractor $115,895.00 10. Gillespie Construction, Inc. $118,450.00 11. Atlas -Allied, Inc. $118,720.00 12. Savala Construction Company $134,810.00 The lowest and most responsible bidder is Gentry Brothers, Inc. for $71,260.00. The references provided by Gentry Brothers, Inc. have been checked and found to be acceptable. Construction of the project in discussion is anticipated to begin in March and be completed within twenty (20) working days. PREPARED BY: David G. Liu Tsedav Aberra AGREEMENT 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 GENTRY BROTHERS INC. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR GENTRY BROTHERS INC. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Golden springs Drive Subsurface Drainage Improvement Project, in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Golden Springs Drive Subsurface Drainage Improvement Project, in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated December 5, 1995, (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 January 4, 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. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: F 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in 3 subparagraph a. shall contain an endorsement which: lj Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days, written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, 4 properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or 5 injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any.such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with. reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may I 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. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated January 4, 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 City, without cause, upon the giving of Termination" to CONTRACTOR at least thirty date of termination specified in the notice. termination, CONTRACTOR shall only be paid and expenses necessarily incurred prior to termination. 7 be terminated by the a written "Notice of (30) days prior to the In the event of such for services rendered the effective date of ;:N WXTNESS WHEREOF, the parties hereto have executed this Agreexaant With all the formalities required by law on the raepeative. dates set forth opposite their signatures. State of Cal,irornia "CONTRACTOR'S" License No. 297692A • GEtt'i'BY D1tQ'PKSRB SNC g94 z. LJVN OAA AVR)MZ--- XnwjMMLZ. CA 91706 Datn By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Date MAYOR ATTEST: BY= CITY CURK Date CONTRACTOR'S Business Phone ale -357-4631 E�nerggncy phone at which CONTRACTOR can be reached at any time A E;\VP 6D\LtHGA1CAY�OREE 4b 1; hep wbeurlaceG,126 CITY OF DIAMOND BAB. AGENDA REPORT AGENDA NO. __17AQ TO: I Terrence L. Belanger, City Manager MEETING DATE: February 6, 1996 REPORT DATE: January 29, 1996 FROM: George A. Wentz, City Engineer TITLE: Sunset Crossing Road Cul-de-sac Improvement Project SUMMARY: On December 19, 1995, the City Council authorized staff to advertise for bids for the Sunset Crossing Road Cul-de-sac Improvement Project. Bids have been received and an award is being proposed to the lowest responsible bidder. RECOMMENDATION: That the City Council award a contract to E.C. Construction Company in the amount not -to -exceed $28,500.00, and provide a contingency of $3,000.00 for the project. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) Other: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ 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. Belange Fran M. sher eorge A. entz City Manager Assistant City Manager City Engineer C: \wp60\LINDAKAY\AGEN95\S LURRY6.109 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 29, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Sunset Crossing Road Cul-de-sac Improvement Project (Westerly City Limit to 400' Easterly) ISSUE STATEMENT: The City proposes to award a contract for the Sunset Crossing Road Cul-de-sac Improvement Project to E.C. Construction Company, the lowest responsible bidder. RECOMMENDATION: That the City Council award a contract to E.C. Construction Company for the Sunset Crossing Road Cul- de-sac Improvement Project, in an amount not -to -exceed $28,500.00, and provide a contingency of $3,000.00 for the project. FINANCIAL SUMMARY: An amount of $125,000.00 from the Gas Tax fund have been allocated to the Sunset Crossing Road Cul- de-sac Imprpovement Project. Sufficient monies remain to fund the entire project. BACKGROUND: On December 19, 1995, the City Council authorized staff to advertise and receive bids for the Sunset Crossing Road Cul-de-sac Improvement Project. In response to the advertisements, a total of fifteen (15) contractors obtained plans and specifications for the project. DISCUSSION: Formal bids were received and opened on January 23, 1996 from seven (7) contractors. The bids are as follows: Company 1. E.C. Construction Company $28,500.00 2. West Coast Construction $30,261.00 3. Gentry Brothers $32,352.00 4. Lobana Engineering $35,963.00 1 Sunset Crossing Improvement Program January 29, 1996 Page Two 5. Markel Cement Contracting $39,746.00 6. Camino Irvine $40,242.00 7. Excel Paving $45,751.12 The bid of $28,500.00 submitted by E.C. Construction Company has been determined by staff to be the lowest responsible bid. The engineer's estimate for the construction portion of this project was $50,000.00. It is anticipated that the construction will begin in March of 1996 and be completed within twenty (20) working days. Prepared By: Rose E. Manela 2 AGREEMENT 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 E.C. Construction Company 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 E.C. Construction Company and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Sunset Crossing Road Cul-de-sac Improvement in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Sunset Crossing Cul-de-sac Improvement in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated December 19, 1995 (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 January 23, 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. 1 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within Ninetv calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." 2 b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall he called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered 3 letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; 5 or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith; a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of 6 the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages 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. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated January 23, 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 City, without cause, upon the giving of Termination" to CONTRACTOR at least thirty date of termination specified in the notice. termination, CONTRACTOR shall only be paid and expenses necessarily incurred prior to termination. be terminated by the a written "Notice of (30) days prior to the In the event of such for services rendered the effective date of 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. 7 i state of California "CONTRACTOR'S" Litenst ND. H9211 1_ -A. -19 � , C, C� Ytsati n Caw 2413 Chico Ave, uth 11 Monts. CA 91733 L 29, Date n ' By: -,fit.• �� TITLE CITY OF DIAMONU BAR, CALIFORNIA Date 7 MAYOR ATTEST: By: CITY CLERK Date•T CONTRACTOR'S Business Phone 819 - 444 - 9596 Emergency Prone at Which C TRACTOR can be reached at any time P ED M TX04M: Ct%WTBDkI'-FDAkNY\AG:1;C•pl► 8 ntrry ter. T�rT n .-rz AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: February 6, 1996 REPORT DATE: January 23, 1996 FROM: Kellee A. Fritzal, Administrative Assistant TITLE: Resolution No. XX "Approving the Application for Grant Funds from the County of Los Angeles Regional Park and Open Space District per Parcel Discretionary Grant Program for Development of Pantera Park" SUMMARY: The City of Diamond Bar was allocated $594,509 in the Per Parcel Discretionary Grant Program, developed under the provisions of the Safe Neighborhood Parks Proposition of 1992. The City Council has previously allocated and entered into a contract for the lighting of the sports fields at Peterson Park. The commitment is for $140,000 of the Safe Neighborhood Parks Discretionary Grant. In the Fiscal Year 1995-96 Budget, $200,000 of the Safe Parks funds were set aside for the lighting of the Lorbeer Middle School athletic fields. Due to the timing of these projects, the Lorbeer Middle School athletic field lighting project should be funded with monies out of the Park Fees Fund. Therefore, the Safe Neighborhood Parks Discretionary Grant of $454,509, is recommended to be allocated to the development of Pantera Park. The allocation of $454,509 will assist in the construction of Pantera Park, which includes ballfields, restroom/concession stand, tot lot, tennis courts, basketball/roller hockey hard courts and other park amenities. The funding for Pantera Park development is Specified Grant of $1,470,000 and Discretionary Grant of $454,509, for a total Safe Parks Neighborhood Discretionary Grant of $1,924,509. CDBG funds have been allocated towards the ADA aspects of the Pantera Park development. RECOMMENDATION: Adopt Resolution No. XX "Approving the Application for Grant Funds from the Los Angeles Regional Park and Open Space District per Parcel Discretionary Grant Program for Development of Pantera Park" 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? X 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: Community Services Department REVIEWED BY Terrence L. Be er Fr M. sher avid G. iu City Manager Assistant City Manager Deputy Director of Public Works RESOLUTION NO. 96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM FOR DEVELOPMENT OF PANTERA PARK WHEREAS, the people of the County of Los Angeles on November 3, 1992, enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth Recreation, Beaches and Wildlife Protection (the Proposition), which provides funds to the County for the purposes of acquiring and/or developing facilities for public recreational facilities and open space; and WHEREAS, the Proposition also created the County of Los Angeles Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary procedures governing local agency applications for grant funds under the Proposition; and WHEREAS, the District's procedures require the Applicant to certify, by resolution, the approval of the applications before submission of said application to the District; and WHEREAS, the Project is an important park and recreation project of the City of Diamond Bar; and WHEREAS, said application contains assurances that the Applicant must comply with; and WHEREAS, the Applicant will enter into an Agreement with the District to provide funds for acquisition or development of the. Project; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA HEREBY: Section 1. Approves the filing of an application with the County of Los Angeles Regional Park and Open Space District for funds under Section 8.b.1 of Proposition A for the above Project; and Section 2. Certifies that said Applicant understands the assurances and certifications in the application form; and Section 3. Certifies that said Applicant has, or will have, sufficient funds to operate and maintain the Project in perpetuity; and Section 4. Appoint the City Manager as agent of the City of Diamond Bar to conduct all negotiation, and to execute and submit all documents including, not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of the aforementioned Project. Section 5. Directs the City Clerk to certify the passage of this Resolution by the, City Council of the City of Diamond Bar, and to cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. PASSED, APPROVED AND ADOPTED this day of , 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 day of , 1996, by the following Roll Call vote: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - ABSTAINED: COUNCILMEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar DVIU H R11HAR 14 AGENDA REPORT AGENDA NO. "/, U)' - TO: Terrence L. Belanger, City Manager MEETING DATE: February 6, 1996 REPORT DATE: February 1, 1996 FROM: George A. Wentz, City Engineer TITLE: Speed Limit on Chino Hills Parkway SUMMARY: This item relates to a proposal to raise the speed limit on Chino Hills Parkway within the City of Diamond Bar's jurisdiction from 45 to 50 MPH. RECOMMENDATION: That the City Council adopt Resolution No. 96 -XX raising the speed limit on Chino Hills Parkway within the City of Diamond Bar's jurisdiction from 45 MPH to 50 MPH. This item was reviewed and recommended for approval by the Traffic and Transportation Commission. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinances(s) Agreement(s) —Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other: 1-11-96 TIT Comm. Mtg. Minutes, Chino Hills Letter of Request (10/12/96) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City reviewed by the City Attorney? N/A _ 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? X Yes _ No Which Commission? Traffic/Transportation Commission 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: Community REVIEWED BY: F D.�'G�v Terrence L. langer City Manage4!) Frank R. Usher Assistant City Manager MEETING DATE: TO: FROM: SUBJECT: AGENDA NO. February 6, 1996 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Speed Limit on Chino Hills Parkway ISSUE STATEMENT: Raise the speed limit on Chino Hills Parkway within the City of Diamond Bar's jurisdiction from 45 MPH to 50 MPH. RECOMMENDATION: That the City Council adopt Resolution No. 96 -XX raising the speed limit on Chino Hills Parkway within the City of Diamond Bar's jurisdiction from 45 MPH to 50 MPH. The Traffic and Transportation Commission reviewed the matter and recommends approval. FINANCIAL SUMMARY: The recommended action requires two existing signs to be changed from 45 to 50 MPH. Staff also recommends the installation of two additional signs on Chino Hills Parkway. The cost for the above is estimated to be $500.00 and will be funded through the Marking/Signing Maintenance account. BACKGROUND/DISCUSSION: In October of 1995, the City Council of the City of Chino Hills approved raising the speed limit on Chino Hills Parkway between Grand Avenue and their north City limit from 45 to 50 MPH. Unless the posted speed limit on the parkway is in accordance with the Traffic and Engineering Survey, the Court would begin to dismiss traffic citations issued on this street. The 85th percentile speed per Chino Hills Traffic and Engineering Survey is 53 MPH. Sections 40801 and 40802 of the California Vehicle Code require that a Traffic and Engineering Survey be prepared that supports the prima facie speed limit before a posted speed limit can be enforced with radar. According 85th perc kept at 45 condition Hills and the surve create a limit on limit and noted that at the SR they will to the Speed Zone Survey conduct entile speed on Chino Hills Parkway MPH at the time to be consistent s on the Diamond Bar segment are motorists could travel safely at 5 y and Chino Hills' newly posted "speed trap", it is recommended Chino Hills Parkway, between the Scenic Ridge Drive, be raised fr Chino Hills Parkway narrows in P 60 ramp intersection. The City of Pomona be updating their speed zone study in ear ed for Diamond is 54 MPH. The with adjacent zo consistent with 0 MPH. To be in speed limit of that the Council City of Chino om 45 to 50 MPH Po and stop si PREPARED BY: David G. Liu Tsedav Aberra Bar in 1994, the speed limit was nes. The roadway those in Chino conformance with 50 MPH, and not that the speed Hills north City It should be gns are in place has informed staff that lv 1996. RESOLUTION 96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RAISING THE SPEED LIMIT ON CHINO HILLS PARKWAY WITHIN THE CITY OF DIAMOND BAR'S JURISDICTION FROM 45 MPH TO 50 MPH WHEREAS, engineering and traffic surveys have been conducted on various streets within the City as required by provisions of the California Vehicle Code; and WHEREAS, it has been determined that the establishment of speed limits that are reasonable and safe will facilitate the orderly movement of vehicular traffic. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Diamond Bar does resolve, determine and order as follows: SECTION 1. Speed limits are established by Resolution No. 94-41 on the following streets in accordance with Section 15.32.010 of the Los Angeles County Code as adopted by the City of Diamond Bar. SECTION 2. All previous resolutions and orders establishing speed limits within the City of Diamond Bar or portions thereof inconsistent with the provisions of this resolution are hereby amended to be consistent herewith. SECTION 3. The City Council of the City of Diamond Bar hereby authorize and direct the City Engineer to cause said signs indicating the appropriate speed limits to be installed as herein defined. PASSED, APPROVED, AND ADOPTED this day of , 1996 Iui4%,"* -.11 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 following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: , 1996 by the City Clerk, City of Diamond Bar DRAFT January 11, 1996 Page 12 T&T COMMISSION OB Speed limit on Chino Hills Parkway. DDPW/Liu stated that, at the request of the Chino Municipal Court, Chino Hills City Council raised the speed limit on Chino Hills Parkway from 45 MPH to 50 MPH. Subsequently, the Chino Hills Traffic Engineer has requested that Diamond Bar consider increasing the speed limit from 45 MPH to 50 MPH in the City's jurisdiction. The Diamond Bar Speed Zone Survey indicates 85 percent of traffic travels at 54 MPH on Chino Hills Parkway. The Diamond Bar portion Chino Hills Parkway is undeveloped and the prevailing speed warrants an increase to 50 MPH without creating a safety concern. In addition, if Diamond Bar maintains the 45 MPH speed limit while Chino Hills increases their portion to 50 MPH the court may consider the area to be a speed trap area. Staff recommends that the Traffic and Transportation Commission recommend to the City.Council that the speed limit on Chino Hills Parkway within the City of Diamond Bar's jurisdiction be raised from 45 to 50 MPH. C/Gravdahl stated he is opposed to increasing the speed limit beyond the current 45 MPH. C/Ortiz stated he supports staff's recommendation. C/Virginkar stated he favors keeping the 45 MPH speed limit on Grand Avenue. VC/Leonard stated she supports staff's recommendation. DDPW/Liu responded to C/Virginkar that the courts will refer to the Speed Zone Survey for enforcement guidelines. Sgt. Rawlings responded to C/Gravdahl that Chino Hills Parkway is patrolled by the Los Angeles County Sheriff's Department. He stressed the fact that a change in the speed limit will not change the speed of the vehicles that travel on the street. The safe and prudent speed on Chino Hills Parkway is between 50 and 54 MPH. DDPW/Liu responded to C/Gravdahl that Chino Hills has indicated they will raise the speed limit from 45 to 50 DRAFT January 11, 1996 Page 13 T&T COMMISSION MPH on their portion of Grand Avenue. The City of Chino Hills has not requested that Diamond Bar raise the speed limit on Grand Avenue. The City of Diamond Bar has stated to Chino Hills that it does not intend to raise the speed limit higher than the current posted speed limit of 45 MPH. VC/Leonard made a motion, seconded by C/Ortiz, to concur with staff's recommendation to recommend to the the City Council that the speed limit on Chino Hills Parkway within the City of Diamond Bar's jurisdiction be raised from 45 to 50 MPH. The motion was carried 3-1 with the following roll call: AYES: COMMISSIONERS: VC/Leonard, Ortiz, Virginkar NOES: COMMISSIONERS: Gravdahl ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Istik VII. STATUS OF PREVIOUS ACTION ITEMS DDPW/Liu stated the bids were opened for construction of the left turn signals on Golden Springs Drive at Diamond Bar Boulevard, Golden Springs Drive at Brea Canyon Road and Diamond Bar Boulevard at Mountain Laurel Way. VIII. ITEMS FROM COMMISSIONERS - None IX. ITEMS FROM STAFF DDPW/Liu stated the future agenda items from staff are included in the Commissioner's packets. X. INFORMATIONAL ITEMS A. Pathfinder Bridge striping. DDPW/Liu stated the encroachment permit has just been obtained from CalTrans. The City is prepared to proceed with the striping requested for the eastbound side of the Pathfinder Bridge. However, he indicated that after reviewing the existing signage, the parking restrictions indicate "No Stopping 6:00 a.m. to 8:00 a.m. and 4:00 p.m. to 6:00 p.m. except Saturday and October 12, 1995 CITY OF CHINO HILLS 2001 GRAND AVENUE CHINO HILLS, CALIFORNIA 917094869 (909) 590-151I • (909) 590-5646 FAx /✓) CITY COUNCIL: 4�Jee +A Mr. David Liu City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765 Subject: Change of Speed Limits on Grand Avenue and Chino Hills Parkway Dear Mr. Liu: ED M. GRAHAM GARY G. LARSON GWENN E. NORTON -PERRY JAMES S. THALMAN MICHAEL G. WICKMAN On October 10, 1995, the City of Chino Hills City Council approved raising the speed limit on Grand Avenue from 45 mph to 55 mph between Pleasant Hill Drive and the west City limit, and from 45 mph to 50 mph between Pleasant Hill Drive to the east City limit. The City of Chino Hills will be posting advance warning of the 45 mph speed limit which begins in the City of Diamond Bar. On Chino Hills Parkway, the speed limit was raised from 45 mph to 50 mph between Grand Avenue and the north City limit. The segment of Chino Hills Parkway between the City of Chino Hills north City limit and Scenic Ridge Drive is under the jurisdiction of the City of Diamond Bar. The 85th percentile speed per your Traffic and Engineering Survey is 54 mph. We suggest that the speed limit of this segment of Chino Hills Parkway be changed from 45 mph to 50 mph in order to be in conformance with the new posted speed limit in the City of Chino Hills and with your own Traffic and Engineering Survey. The change in speed limits was requested by the Chino Municipal Court who informed our Police Department that if the speed limit was not raised to be in conformance with the Traffic and Engineering Survey, that the court would begin dismissing all traffic citations issued on these streets. A copy of the City of Chino Hills Agenda Report and Traffic and Engineering Survey is enclosed. If you have any questions, please call me at (909) 590-1511, extension 233. Sincerel `�� n A. Gillespie, P. E. Traffic Engineer JAG: rb cc: Chris A. Vogt, P. E., Director of Public Works/City Engineer Enclosure W P611rb\c:TI L ES.IAG\DMNDBAR. LTR c11171y or DIAMOND BAR AGENDA KEYUKI AUZINIJA NU. _l r TO: Terrence L. Belanger, City Manager MEETING DATE: February 6, 1996 REPORT DATE: January 30, 1996 FROM: George A. Wentz, City Engineer TITLE: Left -Turn Traffic Signals on Diamond Bar Boulevard at Mountain Laurel Way, Golden Springs Drive at Diamond Bar Boulevard, and Brea Canyon Road at Golden Springs Drive SUMMARY: On December 5, 1995, the City Council authorized staff to advertise for bids for the installation of left -turn traffic signals on Diamond Bar Boulevard at Mountain Laurel Way, Golden Springs Drive at Diamond Bar Boulevard, and Brea Canyon Road at Golden Springs Drive. At this time, the City proposes to award a contract to the lowest responsible bidder, Paul Gardner Corporation. Furthermore, it is recommended that the City Council award the construction inspection services to Warren C. Siecke. RECOMMENDATION: It is recommended that the City Council award a contract to Paul Gardner Corporation in the amount not -to -exceed $45,287.00 and authorize a contingency amount of $5,000 for project change orders to be approved by the City Manager. Furthermore, it is recommended that the City Council award the construction inspection services to Warren C. Siecke in the amount not -to -exceed $7,000. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications (on file in City Clerk's office) Ordinances(s) _ Other: 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 415 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: r\wp60\laidakay\agen-96\TSGardn0.130 City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 6, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Left -Turn Traffic Signals on Diamond Bar Boulevard at Mountain Laurel Way, Golden Springs Drive at Diamond Bar Boulevard, and Brea Canyon Road at Golden Springs Drive ISSUE STATEMENT: The City proposes to award a contract for the installation of left -turn traffic signals on Diamond Bar Boulevard at Mountain Laurel Way, Golden Springs Drive at Diamond Bar Boulevard, and Brea Canyon Road at Golden Springs Drive to Paul Gardner Corporation the lowest responsible bidder. Furthermore, the City proposes to award the construction inspection services to Warren C. Siecke. RECOMMENDATION: It is recommended that the City Council award a contract to Paul Gardner Corporation in the amount not -to -exceed $45,287.00 and authorize a contingency amount of $5,000 for project change orders to be approved by the City Manager. Furthermore, it is recommended that the City Council award the construction inspection services to Warren C. Siecke in the amount not -to -exceed $7,000. FINANCIAL SUMMARY: The total allocated project budget is $88,000 of Gas Tax Fund and $22,000 of Developer's Fee. Our engineer's estimate was $60,000. BACKGROUND: On December 5, 1995, the City Council authorized staff to advertise and receive bids for the installation of left -turn traffic signals on Diamond Bar Boulevard at Mountain Laurel Way, Golden Springs Drive at Diamond Bar Boulevard, and Brea Canyon Road at Golden Springs Drive. In response to the advertisements, a total of thirteen (13) contractors obtained plans and specifications for the project. 1_EVI' Tt1I1k1 TIAFFIC CIChI�1_0 AT THREE LOCATIONS January 31, 1996 Page 2 DISCUSSION: Formal bids were received and opened on January 3, 1996 from ten (10) firms. The bids received were as follows: COMPANY 1. Paul Gardner Corporation 2. C. T. & F. Inc. 3. Macadee Electrical Construction 4. California Electrical Services 5. Dela Cruz Construction, Inc. 6. L & R Electric Service Co., Inc. 7. Peek Traffic 8. TDS Engineering TOTAL BID AMOUNT $45,287.00 $45,388.00 $46,409.00 $48,000.00 $49,545.00 $49,885.00 $51,770.00 $55,105.00 9. Steiny and Company, Inc. $55,198.00 10. Hovey Electric, Inc. $61,854.00 The bid of $45,287.00 submitted by Paul Gardner Corporation has been determined by staff to be the lowest responsible bid. It is anticipated that the construction will begin on March 4, 1996 and be completed by June 4, 1996. To ensure that the construction work will be in conformance with the City's plans and specifications for these left -turn traffic signals, staff obtained three (3) fee proposals from the City's on-call traffic consultants. The fees range from $6,000 to $15,600. Staff recommends Warren C. Siecke to provide the necessary construction inspection services based on his familiarity with the City's procedures, requirements and past performance. Prepared By: David G. Liu C:\WP60UNDAKAY\CCR-95\TS Gardner0.130 AGREEMENT The following agreement is made and enteredinto, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Paul Gardner Corporation hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Paul Gardner Corporation and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Traffic Signal Modification Improvements at Golden Springs Drive at Diamond Bar Boulevard, Brea Canyon Road at Golden Springs Drive, and Diamond Bar Boulevard at Mountain Laurel Way, in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Traffic Signal Modification Improvements at Golden Springs Drive at Diamond Bar Boulevard, Brea Canyon Road at Golden Springs Drive, and Diamond Bar Boulevard at Mountain Laurel Way, in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated November 27, 1995 (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 January 3, 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 ninety 90 calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City .a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for L herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 3 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days, written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 4 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub- contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, 5 or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay. all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. C This indemnity is effective without reference to the existence or applicability of any insurance coverages 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. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated January 3, 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 City, without cause, upon the giving of Termination" to CONTRACTOR at least thirty date of termination specified in the notice. termination, CONTRACTOR shall only be paid and expenses necessarily incurred prior to termination. 7 be terminated by the a written "Notice of (30) days prior to the In the event of such for services rendered the effective date of IN WITNESS WHEREOF, the partian hereto have executed thio Agreement with all the formalities required by law on the respective dates set rarth opposite their signatures- State of California "CONTRACTOR'S" License No. 171U34 C-10 A. B _PAUL QARMZR COitDORA �4X 012 RX2- Date By: I TITL CITY OF DIAMOND BAR, CALIFORNIA By: Date MAYOR ATTEST: By: CITY CLERK Date CONTRACTOR'S Business Phone 901 284-1.714 Emergency Phone at which M/�9 CCNJN ACTOR can he reached at any time Tv 6, HWIL191 r a d C:\4P50\L lroAYAYI LGREE-%1tsGlirdnO.126 CUMV an ni�u�nun nAr� AGENDA REPORT AGENDA NO.: TO: Terrence L. Belanger, City Manager MEETING DATE: February 6, 1996 REPORT DATE: January 31, 1996 FROM: George A. Wentz, City Engineer TITLE: A Resolution of the Council of the City of Diamond Bar Approving Specifications for the Construction of Sidewalks along Diamond Bar Boulevard Between Goldrush and Golden Springs, Highland Valley and Temple, Adjacent to Sycamore Canyon Park, Crooked Creek and Cold Spring, and Shadow Canyon and Sugarpine, in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. SUMMARY: Under the 1995-96 Los Angeles Urban County CDBG (Community Development Block Grant) Program, $149,175.00 of CDBG federal funds was unallocated. At the January 1995 City Council meeting, these unallocated funds were allocated towards the construction of sidewalks along Diamond Bar Boulevard between Goldrush and Golden Springs, Highland Valley and Temple, adjacent to Sycamore Canyon Park, Crooked Creek and Cold Spring, and Shadow Canyon and Sugarpine. At this time, bid specifications have been prepared. RECOMMENDATION: That the City Council adopt Resolution No. 96 -XX approving the bid specifications for the Construction of Sidewalks along Diamond Bar between Goldrush and Golden Springs, Highland Valley and Temple, adjacent to Sycamore Canyon Park, Crooked Creek and Cold Spring, and Shadow Canyon and Sugarpine, and authorize the City Clerk to advertise the project for bids. LIST OF ATTACHMENTS: X Staff Report _ _ Public Hearing Notification X Resolution(s) X Bid Specifications (on file in City Clerk's Office) _ Ordinances(s) _ _ Other Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Community Development Dept. & City Manager REV!B Terrence L. Bel Frank M. Usher eorge A. entz City Manager Assistant City Manager City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 6, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: A Resolution of the Council of the City of Diamond Bar Approving Plans and Specifications for the Construction o Sidewalks along Diamond Bar Boulevard Between Goldrush and Golden Springs, Highland Valley and Temple, Adjacent to Sycamore Canyon Park, Crooked Creek and Cold Spring,. and Shadow Canyon and. Sugarpine, in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. ISSUE STATEMENT To construct sidewalks along Diamond Bar Boulevard between Goldrush and Golden Springs, Highland Valley and Temple, Adjacent to Sycamore Canyon Park, Crooked Creek and Cold Spring, and Shadow Canyon and Sugarpine. RECOMMENDATION That the City Council adopt Resolution No. 96 -XX approving the bid specifications for the Construction of Sidewalks along Diamond Bar No—ulevard between Goldrush and Golden Springs, Highland Valley and Temple, adjacent to Sycamore Canyon Park, Crooked Creek and Cold Spring, and Shadow Canyon and Sugarpine and authorize the City Clerk to advertise the project for bids. FINANCIAL SUMMARY $134,000.00 of CDBG federal funds has already been approved and incorporated into the FY 1995- 96 budget for these sidewalks. Furthermore, approximately $20,000.00 of Developer's fees are available towards the construction of these sidewalks. BACKGROUND/ DISCUSSION Under the 1995-96 Los Angeles Urban County CDBG Program, $149,175.00 of CDBG federal funds was unallocated. At the January 1995 City Council meeting, these unallocated funds were allocated towards the construction of sidewalks along Diamond Bar Boulevard between Goldrush and Golden Springs, Highland Valley and Temple, adjacent to Sycamore Canyon Park, Crooked Creek and Cold Spring, and Shadow Canyon and Sugarpine. Staff has prepared the bid specifications for the construction of sidewalks at 5 locations in Diamond Bar, as reflected in the attached Appendix A. A total of 64,225 square feet of sidewalk will be constructed. These specifications were reviewed and approved by the Office of Affirmative Action on January 30, 1996. The work to be performed under the specifications consists of the construction of new sidewalk and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements in the following areas: - LOCATION: FROM: TO: E/S Diamond Bar Boulevard Goldrush E/S Diamond Bar Boulevard W/S Diamond Bar Boulevard E/S Diamond Bar Boulevard W/S Diamond Bar Boulevard Golden Springs Highland Valley Temple Ave. Adjacent to Sycamore Canyon Park Shadow Canyon Sugarpine Crooked Creek Cold Spring CAGY 3 SIDEWALK CONSTRUCTION FEBRUARY 6, 1996 Key aspects of requirements placed upon the contractor include: * Plan and schedule to be submitted at least seven days before beginning of work. * Notification to affected agencies. * Completion of all work within fifteen (15) working days. * Liquidated damages of $100/day for non-performance. * Compliance with C.D.B.G. requirements. * Labor compliance with Davis -Bacon requirement. All customary insurance and bonds have been included. Staff has prepared a tentative schedule for the various project activities. They are as follows: Specifications to City Council February 6, 1996 for approval and authorize City Clerk to advertise for bids Bid Opening March 5, 1996 Award of Contract March 18, 1996 Notice to Proceed April 2, 1996 Start of Construction April 2, 1996 Completion of Construction April 22, 1996 Prepared By: Rose E. Maneia RESOLUTION NO. 96 - A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE CONSTRUCTION OF SIDEWALKS, ALONG DIAMOND BAR BOULEVARD BETWEEN: GOLDRUSH AND GOLDEN SPRINGS, HIGHLAND VALLEY AND TEMPLE, ADJACENT TO SYCAMORE CANYON PARK, CROOKED CREEK AND COLD SPRING, AND SHADOW CANYON AND SUGARPINE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. "This is a Federally assisted construction contract and Federal Labor Standards, including the Davis -Bacon requirements, will be enforced If Federal and State wage rates are applicable, then the higher of the two will prevail " WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared specifications for the construction of sidewalks. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for the Construction of Sidewalks on Diamond Bar Boulevard in the aforementioned locations. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid specifications, which said advertisement shall be in the 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, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock A.M. on the 5th day of March, 1996, sealed bids or proposals for the Construction of Sidewalks along Diamond Bar Boulevard between: Goldrush and Golden Springs, Highland Valley and Temple, adjacent to Sycamore Canyon Park, Crooked Creek and Cold Spring, and Shadow Canyon and Sugarpine. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Construction of Sidewalks along Diamond Bar Boulevard in Diamond Bar." 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 rate of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than 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 herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 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. 2 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five 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 herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C-8 contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the specifications will be furnished upon application to the City of Diamond Bar. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non -reimbursable payment of $10.00 to cover the cost of mailing charges and overheads. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this day of February 6,1996. PASSED, APPROVED AND ADOPTED by the City Council of the City this 6th day of February, 1996. MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 6th day of February, 1996, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar California APPENDIX A LIST OF SIDEWALKS AND VICINITY MAPS 54 LIST OF SIDEWALKS 55 EST. EST. STREET ORIENTATION LUMTS LENGTH WIDTH DIAMOND BAR BLVD. EAST SIDE GOLDRUSH 2,000 L.F. 11.5 FT. AND GOLDEN SPGS. DIAMOND BAR BLVD. EAST SIDE HIGHLAND 2,700 L.F 8.5 FT. VALLEY AND TEMPLE DIAMOND BAR BLVD. WEST SIDE ADJACENT TO 507 L.F. 5.0 FT. SYCAMORE CANYON PARK DIAMOND BAR BLVD. WEST SIDE CROOKED 1,560 L.F. 6.5 FT. CREEK AND COLD SPRING DIAMOND BAR BLVD. EAST SIDE SHADOW 1,120 L.F. 5.0 FT. CANYON AND SUGARPINE 55 his Area Are %ct To Change Dump .:ONDI DI �,�. p,o� ' . I.. � re VICINITY MAP FOR: DIAMOND BAR BOULEVARD BETWEEN: GOLDRUSH AND GOLDEN SPRINGS 56 VICINITYMAP FOR: DIAMOND BAR BOULEVARD BETWEEN: HIGHLAND VALLEYAND TEMPLE 57 VICINITYMAP FOR: DIAMOND BAR BOULEVARD ADJACENT TO SYCAMORE CANYON PARK 58 C VICINITY MAP FOR: DIAMOND BAR BOULEVARD BETWEEN: CROOKED CREEKAND COLD SPRING / Arthur 1.etLs � ' Roadside Camp 59 OL VICINITYMAP FOR: DIAMOND BAR BOULEVARD BETWEEN: SHADOW CANYON AND SUGARPINE �, yuo7 Arthur !.efts.. Rtxidside Camp 60 �pt'r Rcadside Ca ORDINANCE NO. 01 (1996) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING A NEED FOR A REDEVELOPMENT AGENCY TO FUNCTION IN THE CITY OF DIAMOND BAR THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: SECTION 1. Information has been presented to the City Council of the City of Diamond Bar to the effect that there is a need for the planning, development, replanning, redesign, clearance, reconstruction and rehabilitation of certain areas within the City of Diamond Bar, and the provision of private and public structures and spaces, all as may be appropriate or necessary in the interest of the general welfare. The City Council hereby declares that there is a need for a redevelopment agency to function in the City, under and pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et sea. SECTION 2. The City Council hereby declares itself to be the redevelopment agency. By declaring itself to be the redevelopment agency (rather than appointing other persons to serve in that capacity), the City Council, which is elected by the voters, will remain accountable to the voters for its actions regarding redevelopment. By declaring itself to be the Agency, the City Council will also eliminate any duplication of effort in matters related to redevelopment. The action of the City Council declaring itself to be the redevelopment agency will serve the public interest and promote the public safety and welfare in an effective manner. SECTION 3. The redevelopment agency shall cause a certified copy of this ordinance to be filed in the office of the Secretary of State. PASSED, APPROVED AND ADOPTED this 1996. MAYOR day of I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing ordinance was introduced and adopted at a Regular Meeting of the City Council of the City of Diamond Bar held on the day of 1996, by the following vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAINED: COUNCIL MEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. I�, C., TO: Honorable Mayor and Members of the City Council MEETING DATE: February 6, 1996 REPORT DATE: January 31, 1996 FROM: Troy L. Butzlaff, Assistant to the City Manager TITLE: Second Reading of Ordinance 02 (1996) adopting requirements and standards relating to the collection, recycling, transportation, and disposal of solid waste, recyclable and compostable materials. SUMMARY: Since 1991, the collection and disposal of solid waste, recyclables, and compostable materials has been regulated through a modified permit system. This system, which is structured like a business licensing system, requires any solid waste contractor wishing to provide solid waste collection and disposal services within the City's jurisdictional boundaries to first obtain a permit from the City Council authorizing them to provide such services. In order to eliminate the redundancy that exists within the City's enabling legislation and to establish a more uniform standard for the collection and disposal of solid waste, recyclables, and compostable materials, staff is recommending the adoption of the proposed Ordinance. The proposed Ordinance was discussed and approved for first reading, by title only, at the January 16, 1996, City Council meeting. RECOMMENDATION: It is recommended that the City Council approve, for second reading and adoption, by title only, Ordinance 02 (1996) repealing Ordinance 02 (1990) and Ordinance 02A (1990) as heretofore adopted and revising Chapter 8.16 Title 8 of the Diamond Bar Municipal Code adopting requirements and standards relating to the collection, recycling, transportation, and disposal of solid waste, recyclable and compostable materials. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specification X Ordinances(s) _ Agreement(s) 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: errence L. Belanger Frank M. Us er Troy L. tzlaff City Manager Assistant City Manager Assistan the City Jager ORDINANCE NO. 02 (1996) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING ORDINANCE 02 (1990) AND ORDINANCE 02A (1990) AS HERETOFORE ADOPTED AND REVISING CHAPTER 8.16 TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLEC- TION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1: Ordinance 02 (1990) and Ordinance 02A (1990) as heretofore adopted by this City Council are hereby repealed, in their entirety, provided that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance. SECTION 2: Chapter 8.16 of Title 8 of the Diamond Bar Municipal Code is hereby revised to read, in words and figures, as follows: "Chapter 8.16 Solid Waste, Recyclable, Compostable Materials Collection DIVISION 1. GENERALLY Section 8.16.010 Legislative Policy. Section 8.16.020 Definitions. Section 8.16.030 Unlawful Collection. Section 8.16.040 Collection in Emergencies. Section 8.16.050 Hours of Collection. Section 8.16.060 Refuse Collection --Spillage. Section 8.16.070 Residential Refuse Containers. Section 8.16.080 Commercial Refuse Bins. Section 8.16.090 Placement of Containers for Collection. Section 8.16. 100 Time and Date of Placement of Containers. Section 8.16.110 Refuse Removal. Section 8.16.120 Refuse Disposal. Section 8.16.130 Special Provisions Regarding Method of Disposal. Section 8.16.140 Burning, Burial or Dumping. Section 8.16.150 Duration of Storage. U -... cl— t3. r V . ] GO Uax uT Trut.ka. Section 8.16.170 No Parking of Refuse Trucks on any Public Highway. Section 8.16.180 Trucks --Equipment Required. Section 8.16.190 Specifications and Restrictions on Collection Trucks. Section 8.16.200 Truck Inspection. Section 8.16.210 Permittee's Local Telephone Number. Section 8.16.220 Permittee's Employees. Section 8.16.230 Charges for Service. Section 8.16.240 Right of Chapter Modification. Section 8.16.250 Right to Grant Franchise. Section 8.16.260 Penalty for Violation of Chapter. Section 8.16.270 Civil Remedies Available. DIVISION 2. PERMITS Section 8.16.410 Authority of City Council to Issue Permits. Section 8.16.420 Permits for Refuse Collection and Establishment of Collection Fees. Section 8.16.430 Permit for Removal of Refuse --Prerequisites. Section 8.16.440 Permit Provisions. Section 8.16.450 Services Provided - Specific DIVISION 1. GENERALLY "Section 8.16.010. Legislative Policy. The City Council finds and determines that storage, accumulation, collection and disposal of refuse, trash, rubbish, solid waste, debris and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the residents of Diamond Bar and surrounding cities. The City Council further recognizes that recycling and waste reduction is of national, regional, and local importance, and that the adoption of uniform regulations for the collection, disposal, recycling, and transportation of solid waste, recyclable and compostable materials as provided in this Chapter are designed to eliminate or alleviate such problems. 2 s 1ay11 s-iu.ozo. vcriniuons. ror the purpose of this Chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: AB 939' means the California Integrated Waste Management Act of 1989, as it may be amended from time to time, and as implemented by the regulations of the California Integrated Waste Management Board. AB 939 Administrative Fee' means the fee or assessment set by the City which is intended to offset the City's expenses in administering this Chapter and to compensate City for the costs associated with compliance to the California Integrated Waste Management Act of 1989 (AB 939). Any fee or assessment imposed under this Chapter, shall be those which the City Council may from time to time hereafter approve by resolution. Animal Waste' means manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock. 'Bins' means those containers provided by Permittee for commercial, industrial, construction and multi -family residential unit uses. Bins are usually two (2) to six (6) cubic yards in size, which are picked up by refuse trucks by means of front loading apparatus. 'Bulky Goods' means discarded household furniture, furnishings or appliances, including white goods; automobile parts, including tires; rock or brick in reusable form; carpets; mattresses; large branches; trunks; stumps or limbs of trees in bundles not exceeding eighteen (18) inches in diameter or four (4) feet in length 3 Lula VL11%a W;ujaa Ll1G .117.6 U1 wctgtuL ur wutcn prectuctes or complicates their handling by normal collection, processing or disposal methods. 'City' means the City of Diamond Bar. 'City Clerk' means the City Clerk of the City of Diamond Bar. 'City Manager' means the City Manager of the City of Diamond Bar or his designee. 'City Limits' means the boundaries of the City together with all amendments and changes thereto, which boundaries are shown by maps incorporated herein by reference and which are on file in the office of the City Clerk. 'Council' means the City Council of the City of Diamond Bar. 'Commercial Solid Wastes' include all types of solid wastes generated by stores, offices, governmental institutions and other commercial sources, excluding single-family residential solid waste. 'Commercial Unit' means any commercial business, industrial complex, certain multi -family units, any mobile home park, any hotel or motel, any office building, or retail establishment which utilizes bins or other containers, as defined in this Chapter, for the collection of solid waste and recyclables. 'Compostable Materials, Green Waste or Yard Waste' means leaves, grass clippings, brush, branches and other forms of organic waste generated from landscapes or gardens, separated from other solid waste. Compostable Materials does not include stumps or branches in bundles exceeding eighteen (18) inches in diameter or four (4) feet in length. 'Construction and Demolition Waste' means the waste building materials, packaging, plaster, drywall, cement and rubble resulting from construction, 4 reIIlouelllig, repair anu uemontion operations on pavements, buildings and other structures, (except asbestos- containing materials and reusable rock or brick). 'Garbage, Refuse or Solid Waste' means putrescible and non-putrescible solid and semisolid material generated in or upon, related to the occupancy of, remaining in or emanating from residential or commercial/industrial units, such as ordinary household garbage, refuse, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, as well as, dead animals of less than fifty (50) pounds in weight, every accumulation of animal waste, vegetable or other matter which results from the processing, consumption, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter normally resulting from domestic, institutional, commercial, industrial, agricultural, and other community activities, and other discarded wastes as defined in California Public Resources Code Section 49503, but excluding certain special waste and materials set out for recycling, and composting. Solid waste shall not include any hazardous wastes as defined herein. 'Hazardous Waste' means any waste materials or mixture of wastes defined as such pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et sect, or the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et sea., and all future amendments to either of them, or as defined by the California Environmental Protection Agency or the California Integrated Waste Management Board, or either of them. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Waste" shall be construed to nave uue oruauer, more encompassmg aennition. 'Industrial Waste' means all solid waste and semi-solid waste which results from industrial processes and manufacturing operations. 'Multi -Family Units' means residential units such as apartments, condominiums and townhomes, other than Single Family Dwellings, which utilize bins or other containers, as defined in this Chapter, for the collection of solid waste and recyclables. 'Municipal Solid Waste' means all Solid Waste generated within the City which is designated for collection under this Chapter. 'Occupant' means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence. Permit' means the written authority by City and evidenced by this Chapter granting a qualified refuse collector the right and privilege to: (1) arrange for the collection of, and to collect refuse, rubbish and other forms of solid waste, (2) transport to landfill or other licensed disposal facilities as determined by Permittee unless otherwise specified by City, and (3) recycle from collected refuse, compostables and recyclable materials, all solid waste, green waste and recyclables kept, generated and/or accumulated within the City. Permittee' means the individual, firm, corporation, association, or group or combination acting as a unit that has been authorized by the City Council to collect refuse within the City pursuant to this Chapter. 51 ruotic ntgnway- means any public street, alley, road, public place or lugthway, except state freeways, open to and used by the travelling public and not used as a private right-of-way within the City. 'Recyclable Material or 'Recyclables' means any material generated on or emanating from residential or commercial/industrial units which is no longer useful or wanted and has the potential of being reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the California Integrated Waste Management Act. Such material may include, but is not limited to paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET and other plastics, beverage containers, compostable materials, used motor oil and such other materials designated by City's City Manager, or designated as recyclables by the California Integrated Waste Management Board, or other agency with jurisdiction, and which are collected by Permittee pursuant to this Chapter. 'Recycling Container' means a container of a size, design, and weight prescribed by the City Council by Resolution and delivered to residences covered by this Chapter, for the temporary storage and collection of Recyclables. 'Refuse Collector' means any person or persons, firm, copartnership, joint venture, association or corporation engaged in the collection, transportation and/or disposal of solid waste and/or recyclable materials. Residential Solid Waste' means all types of domestic garbage which originate from residential properties which utilize one or more individual residential type solid waste containers, including any household hazardous waste which may be 7 found to have been placed in the residential solid waste stream. 'Residential Units' means any structure occupying one or more parcels of land which contain or have located thereon a single-family residence or in some situations a multi -family dwelling used for living purpose. 'Scavenging' means the uncontrolled and unauthorized removal of any recyclable materials, as defined by California Public Resources Code Section 41950 and 41951, or solid waste without a permit pursuant to this Chapter. 'Single -Family Residence or Single -Family Dwelling' means a detached building, or each unit of a duplex or triplex, of permanent character placed in a permanent location, which utilizes one or more individual residential type solid waste containers. 'Solid Waste Containers' means a container of a size, design, and weight prescribed by the City Council and utilized by single-family residences or certain multi -family units. The term "Solid Waste containers" does not include Bins used by multifamily units. 'Special Wastes' means any solid waste listed in Section 66740 of Title 22 of the California Code of Regulations, or any waste which has been classified as a special waste by the City Council, including, but not limited to, any material which because of its source of generation, physical, chemical, or biological characteristics or unique disposal practices, is specifically conditioned in the solid waste facilities permit for handling and/or disposal. Truck' means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse or to haul or transport refuse. "Section 8.16.030. Unlawful Collection. No person shall collect or transport refuse or recyclable material within the City unless such person is a permittee, as defined in this Chapter, or is exempt in accordance with subsections A through H of this Section. No person shall permit, allow or enter into any agreement whatsoever for the collection or transportation of refuse or recyclable material from any residential or commercial units with any person who is not a permittee as herein defined except as permitted in subsections A through H of this Section. "A. The collection and removal of grass clippings, prunings, shrubbery, and similar materials by individual residents and by individuals doing business as professional landscapers, tree trimmer or other persons engaged in similar trade, when the collection is directly related to their work, shall be exempt from the provisions of this Chapter. "B. A permittee shall not be required to collect hazardous waste or other dangerous materials as part of its regular collection activity. Liquid and dry caustics, acids, infectious, flammable, explosive materials, insecticides, and similar substances shall not be deposited in collection containers. Any person collecting such substances shall, in addition to any requirements of State and Federal law, obtain a permit therefor pursuant to the provisions of this Chapter. "C. Infectious medical waste (as defined in California Health and Safety Code Section 25117.5, as amended from time to time, or any successor provision or provisions thereto) shall not be collected by a permittee as part of its regular collection activity. Anyone producing such wastes shall store, handle and dispose of such materials only in the manner approved by the 0 county health officer or designated deputy, and in accordance with the California Health and Safety Code. Disposal of infectious medical waste shall be conducted pursuant to a permit issued under this Chapter in addition to any requirements imposed by State law. "D. No provision of this Chapter shall prevent the occupant of a residential unit or commercial unit from selling to a buyer, for a monetary or other valuable consideration, any source separated recyclables, including without limitation, any saleable scrap, discard, reject, by-product, ferrous or non-ferrous metal, worn-out or defective part, junk, pallet, packaging material, paper or other similar item generated in, on or by a residential or commercial unit, and no longer useful to the same, but having no market value, whether such buyer is a recycler, junk dealer, or other enterprise engaged in the business of buying and marketing such materials in the stream of commerce; provided, however, that such buyer is not engaged in the business of collecting solid waste for a fee or other charge or consideration, and that no such materials are transported for disposition to a landfill or transfer station as defined in California Public Resources Code Section 40200. "E. The collection and removal of recyclable material, including but not limited to, glass, newspapers, aluminum and cardboard, that are separated either for reuse or for the manufacture of new products shall not be exempt from the provisions of this Chapter; however, such activities may be the subject to the provisions of a separate permit at the discretion of the City Council. T. No provision of this Chapter shall prevent the occupant of a residential unit from collecting and disposing of occasional loads of solid waste generated in or on their residential premises; provided however, that the removal of refuse is at least as often as prescribed in Section 8.16.150 of this Chapter. 10 destructiea or disposing of secret, confidential, or sensitive documents by means of shredding, lumping, incinerating, or other methods, including the use of an authorized document destruction or disposal service shall be exempt from the provisions of this Chapter. I'll, No provision of this Chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items salvaged from such demolition or reconstruction, or from causing such salvageable items or demolition waste to be removed and transported from the premises on which such waste is generated, pursuant to the provisions of the demolition or construction contract; provided however, that if a subcontractor is to be engaged to remove such demolition waste, the Permittee shall have the right of first refusal to provide such services. If the Permittee cannot guarantee that such services will be provided within a period of twenty-four (24) hours, then the City Manager may at his discretion authorize the licensed contractor to utilize the services of another solid waste enterprise. "Section 8.16-Q44. C011e "tion in Emer QD=- "A. In the event that the collection, transportation and/or disposal services of Permittee are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides and fires, strikes, lockouts and other labor disturbances or other catastrophic events which are beyond the reasonable control of Permittee, for a period of more than seventy-two (72) hours, and if as a result thereof, refuse, compostables and recyclables should accumulate in City to such an extent, in such a manner, or for such a time that the City 11 ation endangers or menaces the public health, safety or Manager should find than such accumul welfare, the City shall have the right, upon twenty-four (24) hour prior written notice to Permittee, during the period of such emergency, to issue limited permits to private persons or corporations to perform any of the services regulated by this Chapter or temporarily take possession of any or all equipment and facilities of Permittee previously used in the collection, transportation and disposal of refuse, compostables and recyclables under this Chapter, and to use such equipment and facilities to collect and transport any or all refuse, compostables and recyclables which Permittee would otherwise be obligated to collect and transport pursuant to this Chapter. Permittee agrees that in such event it will fully cooperate with City to effect such a transfer of possession for City's use. "B. Permittee agrees that, in such event, City may take temporary possession of and use all of said equipment and facilities without paying Permittee any rental or other charge, provided that City agrees that, in such event, it assumes complete responsibility for the proper and normal use of such equipment and facilities. City agrees that it shall immediately relinquish possession of all of the above-mentioned property to Permittee upon receipt of written notice from Permittee to the effect that it is able to resume its normal responsibilities under this Chapter. "A. Collection from residential areas shall be made between the hours of 6:30 a.m. and 6:30 p.m, on weekdays only. Collections from commercial and industrial locations may begin at 6:00 a.m. provided, however, that the permittee's operations do not disrupt the peace and quiet of adjoining residential neighborhoods. The City Manager may require a permittee to change hours of operation in commercial and industrial areas if it can be determined that said 12 operations have a detrimental affect upon the peace and quiet of adjoining residential neighborhoods. "B. In order to prevent problems of traffic, noise, wear and tear to public highways, or other problems having the potential to adversely affect the health, safety, and the general quality of life of the community, the City Council may, by resolution, regulate the routes, intervals, delivery points, and days for collection by permittees operating within the City from time to time hereafter. "C. The City Council may waive the requirements of this Section when necessitated by conditions beyond the control of the permittee. "Section 8 16.060. gefilsP Collection- village. Permittee shall exercise all reasonable care and diligence in collecting refuse and recyclable material so as to prevent spilling, scattering or dropping refuse, recyclables, or other waste and shall immediately, at the time of occurrence, clean up any such spillage. • 1 1 •1W. 1; Pk_ •l: W1 "A. Permittee shall, at a minimum, provide a 100 -gallon container or suitable alternative, as approved by the City Manager, for the collection of refuse from Single Family Residences within the City. Any container provided by Permittee, pursuant to this Section, shall be at the Permittee's expense and shall meet the specifications for containers as set forth by Resolution of the City Council. "B. Nothing in this Section shall prohibit any tenant, lessee or occupant of any Residential Unit to provide without expense to the City their own container providing that the 13 container is specifically designed for the containment of refuse, or watertight metal or plastic containers except as hereinafter provided, which shall have suitable bales or handles and a tight- fitting cover which shall prevent leakage or escape of odors, and which when filled within four inches of the top shall contain all refuse which would ordinarily accumulate on such units between collections. The exterior of such containers, including covers, shall be kept clean from accumulated grease or decomposing materials. Except when placed in accordance with Section 8.16.090 hereof for collection purposes, refuse containers shall be kept and maintained only in storage locations permitted by the Diamond Bar Zoning Ordinance, as the same presently exists or as may be amended from time to time, or as specified by use permit or other entitlement for use. "C. Permittee shall provide a container(s) or suitable alternative, as approved by the City Manager, capable of storing a minimum of 36 -gallons of commingled recyclables as defined by this Chapter. It shall be the duty of every tenant, lessee or occupant of any Residential Unit to maintain said containers in a reasonable safe and secure manner. "D. Grass clippings, leaves and other yard work debris, other than branches or tree limbs, may be either deposited in metal or plastic containers, or specially designed bags, as above mentioned, or cardboard boxes. If cardboard boxes are used, the cardboard boxes, along with the contents, shall be considered refuse set out for collection and both the cardboard boxes and contents shall be collected. "E. Branches, tree limbs or other similar debris shall be tied with sturdy twine, rope or wire, in bundles not exceeding four feet in length nor eighteen inches in diameter. 14 T. Newspapers and magazines may be either deposited in metal or plastic containers, as above mentioned, or tied with sturdy twine, rope or wire, in bundles not exceeding fifty pounds in weight. "G. Extra or unwanted cardboard boxes shall be flattened and tied in bundles not exceeding four feet in length nor fifty pounds in weight. "H. Any container designed to be emptied by hand shall have a capacity of not less than fifteen gallons nor more than forty-five gallons, and which shall not exceed fifty pounds in weight when loaded, adequate to contain the amount of garbage and combustible rubbish normally accumulating during the interval between collections thereof. "A. Permittee shall collect and remove all solid waste that have been placed in bins, from all commercial, industrial, and multi -family units with the City at least once every week or more frequently if required to handle the waste stream of the premises where the bins are located. Permittee shall provide a bin suitable to each commercial, industrial and multi -family units for the collection of refuse. "B. Each such bin employed solely for the accumulation of commercial garbage shall be of durable metal or plastic construction, water tight and shall be equipped with a tight- fitting metal or plastic cover. The use of oil drums of fifty gallon capacity or more is specifically prohibited. "Section8.16.09Q. Placement of Containers for Collection. It shall be the duty of every person having charge and control of any residential or commercial unit to set out or place 15 containers or bins for the collection of refuse, recyclables, compostable materials, miscellaneous debris and combined rubbish and/or other solid waste, as follows: "A. Any container used for the purpose of reception and removal of refuse or recyclable materials shall be placed at the curb in front of the residential unit, or the alley in the rear of each residential unit; except where alleys having access to public highways at each end exist, collections shall be made from such alleys; provided, that this provision shall not apply to a blind alley or alley the width of which will not accommodate the vehicle used for collection. "B. No person shall place, or cause to be placed, any refuse or recyclable material, or bin used for the collection of refuse or recyclable materials from commercial and multi -family units, on any public street or in any place or in any manner without first obtaining an encroachment permit from the City's Engineering Department for each day the container or bin is placed on a public street, alley, or thoroughfare. Any container or bin placed on the public street, alley, or thoroughfare shall be properly barricaded against traffic, and all debris resulting from the location and use of the container or bin shall be removed at the end of the day in which it was placed in the public street, alley or thoroughfare. MWIT "-IFWMWVMWMr4XUM* IN 047077 -IMI "A. No person shall place, or cause to be placed, any refuse or recyclable material, or container or bin used for the collection of refuse or recyclable materials, in any public highway or in any place or in any manner other than hereinabove provided, or at any time other than the days established by the City for the collection of such refuse or recyclable material on the particular route involved, earlier than sunset of the day preceding the day designated for collection, and all containers and bins shall be removed from the place of collection prior to 16 iu:uu p.m., on the aay the containers and bins have been emptied. "B. Each owner, occupant, tenant or lessee of a residential or commercial unit shall maintain the same in a sanitary condition. Should any container or bin not be emptied and the contents removed on the date and time scheduled by the permittee, they should immediately notify the permittee or the City, and it shall be the duty of the permittee to forthwith arrange for the collection and disposal of the refuse. "C. Refuse, recyclables, compostables, salvage and other special waste, as defined herein, which exceeds the limitations hereinabove set out may, in the discretion of the permittee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the permittee for this service with prior approval of above-mentioned occupant of the premises and subject to any requirements set forth in the permit. "D. No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the City or a permittee's agents or employees authorized for such purposes, shall tamper or meddle with any container or bin used for the collection of refuse and recyclables, or the contents thereof, or remove the contents of any container or bin, or remove any container or bin from the location where the same shall have been placed by the owner thereof or owner's agent. "Section 8.16.110. Refuse Removal. Pursuant to California Administrative Code Title 14, Chapter 17.331H, all refuse created, produced or accumulated in or about a residential unit or commercial units in the City shall be removed at least once each week. No person who is the 17 occupant or any or the above-aescribed premises shall fail or neglect to proviae for the removal of refuse at least as often as prescribed in this Section. "Section 8.16.120. Refuse Disposal. "A Once refuse, compostables and recyclables are placed in containers or bins for collection from residential premises ownership shall transfer directly to permittee by operation of law [Public Resources Code Section 41950 (c)]. Subject to permittee's duty to meet the source reduction and recycling goals which apply to City, permittee is hereby granted the right to retain, recycle, compost, dispose of and otherwise use such refuse, compostables and recyclables, or any part thereof, in any lawful fashion or for any lawful purpose desired by permittee. "B. Permittee shall have the right to retain any benefit or profit resulting from its right to retain, recycle, compost or dispose of or use the refuse, compostables, and recyclables which it collects. At no time does City obtain any right of ownership or possession of solid waste, compostables, or recyclables placed for collection, and nothing in this Chapter shall be construed as giving rise to any inference that City has any such rights. City and permittee agree that, for purposes of the Uniform Commercial Code and all other laws imposing liability for defective products, it is permittee, and not City which is to be considered the "merchant" of goods recycled pursuant to this Chapter. "C. City, at its sole discretion, shall retain the right to direct which solid waste disposal facility, transformation facility, transfer station, or material recovery facility shall be used by Permittee to retain, recycle, compost, process, and dispose of solid waste and construction debris generated within the City, to the extent permitted by law. 18 "A. The removal of wearing apparel, bedding or other refuse from residential units or other places where highly infectious or contagious diseases have been present shall be performed under the supervision and direction of the County Health Officer and such refuse shall neither be placed in containers or bins nor left for regular collection and disposal. T. Highly flammable or explosive or radioactive refuse shall not be placed in containers or bins for regular collection and disposal, but shall be removed under the supervision of the City at the expense of the owner or possessor of the material. "C. Refuse or other solid waste containing water or other liquids shall be drained before being placed in a container or bin. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a container or bin. "D. No hazardous material, as defined in this Chapter, or any other dangerous substance capable of damaging clothing or causing injury to the person shall be mixed or placed with any rubbish, solid waste or other refuse which is to be collected, removed or disposed of by a permittee. Such items ahall be removed at the occupant's expense only after arrangements have been made with the permittee or City for such removal. "E. Animal waste, as defined in this Chapter, shall not be placed in containers or bins for regular collection and disposal, but shall be removed at the occupant's expense. T. Permittee may, but is not required to, provide such collection, transportation and disposal services for Special Wastes as defined herein. Permittee may provide such service for Special Wastes if contracted to do so by customers under separate written contracts negotiated between Permittee and the customer generating such Special Wastes. 19 "G. Permittee, at Permittees' sole expense, shall collect up to five (5) quarts of uncontaminated waste motor oil per Single -Family Residence per month. Waste motor oil must shall be placed at the curb on the same day of the week as usual refuse collection in a resealable plastic container and be clearly identified as used and/or waste motor oil. Permittee shall collect used motor oil in containers that have been placed at curbside at no additional charge to service recipients. Permittee shall exercise all reasonable care and diligence in collecting waste motor oil so as to prevent spillage and shall, at Permittees' sole expense, clean-up any such spillage within four (4) hours of notification by City. "A. It shall be unlawful for any person to place, deposit or dump, or cause to be placed, deposited or dumped any solid waste, recyclable material, hazardous waste or infectious waste of any kind whatsoever upon any private or public property within a distance of one thousand (1,000) feet from any public highway in the City, or within a distance of five hundred (500) feet from any residential or commercial unit, or to cause or suffer or permit such solid waste, recyclable material, or infectious waste to be placed, deposited or dumped upon any public or private property within a distance of one thousand (1,000) feet of any public highway or within a distance of five hundred (500) feet from any residential or commercial unit within the City, without first having obtained a use permit pursuant to the zoning laws of the City, County, and State of California, or pursuant to any other zoning law that may be hereafter adopted in the place and stead of said zoning laws of the City. The provisions of this Section shall not apply to solid waste, recyclable materials, hazardous waste or infectious waste placed into a container for pick-up by a refuse collector operating pursuant to a permit issued under this Chapter. 20 "B. No person shall burn, bury or dump any refuse, recyclable material, hazardous waste or infectious waste within the City at any time, without having first complied with all rules and regulations of the City, the County, the South Coast Air Quality Management District, or any other agency with jurisdiction. "Section 8.16.150. Duration of Storage. Pursuant to California Administrative Code Title 14, Chapter 3, Section 17.331H, no person shall store or accumulate any refuse, rubbish or miscellaneous debris in any container or at any location other than as hereinabove set forth, or for any length of time other than as follows: "A. Refuse shall not be accumulated or stored for a period of time in excess of: "(1) Residential units: One week (seven days); "(2) Commercial units: One week (seven days); "B. Recyclable materials shall not be stored or accumulated for a period of time in excess of two weeks (fourteen days); "C. The above periods of time which end in any week in which a holiday occurs are extended one additional day. "Section 8.16.180. Use of Trucks. Any persons who desire to operate privately owned refuse, trash or recycling vehicles under provisions of this Chapter shall utilize vehicles that are registered with the Department of Motor Vehicles of the State of California, and are of a size, weight, nature and type to be minimally intrusive on the community with respect to noise, emissions, maneuverability, safety, fuel efficiency, and other factors necessary to minimize the impacts of the Permittees' services. The City Manager shall require the permittee to remove , 21 from service or repair those vehicles that allow or permit offensive odors to escape and/or refuse to be blown, dropped or spilled therefrom. "A. No person, between the hours of 8:00 p.m. and 5:00 a.m., shall leave a refuse truck parked on any public highway. "B. No person, between the hours of 5:00 a.m. and 8:00 p.m., shall leave a refuse truck parked on any public highway for more than one hour unless the City Manager is notified that a breakdown or emergency exists. "Section 8.16.180. Trucks --Equipment Required. Each truck of a permittee shall at all times have in the cab the registration of the truck, a certificate of insurance, and an identification card with the name of whom to telephone in case of an accident or emergency. Each truck shall be equipped with a minimum of a twenty -pound fire extinguisher that has been certified by the California State Fire Marshal. This fire extinguisher shall be recharged as needed, but not less than once annually. Vehicles shall be equipped with a shovel and broom to clean up any spillage. for refuse, recyclables or compostable materials collection within the City shall be required: "A. To be completely enclosed with a nonabsorbent cover while transporting refuse, recyclables or compostable materials or other waste materials in or through the City. 'Completely enclosed with a nonabsorbent cover' means that refuse, trash, recyclable or compostable materials shall not be visible from the public highway, nor shall any of the 22 suostances oe perTmuea to ieaK, spin or become aepositea along any puonc mgnway; "B. All trucks used in the course of refuse or recyclable materials collection shall be uniformly painted and identified by truck numerals, a company logo, and local telephone number in letters and figures no less than five inches (5") high. All collection trucks shall display the seal of the City of Diamond Bar with the words "Serving the City of Diamond Bar" in letters no less than eight inches (8") high. "C. All trucks shall be kept clean and in good repair at all times. Equipment bodies shall be of metal and reasonably watertight so that no materials shall leak, fall or be spilled. "D. All trucks shall be maintained in good and safe mechanical condition. Vehicles must conform to the California Vehicle Code and all other applicable laws and are subject to inspection at any time by the City or the California Highway Patrol. MR -11901► OWMI N • "A. Each of any permittee's trucks shall pass a California Highway Patrol Biannual Inspection of Terminals. Proof of inspection shall be made available at the discretion of the City Manager at any point of operation. The Permittee shall not use a vehicle that has failed to pass a vehicle inspection. "B. A decal may be issued by the City for each truck complying with provisions of this Chapter which shall be placed on the truck in a conspicuous place. "Section 8.16.210. Permittee's Local Telephone Number. Each permittee must maintain a local telephone number which shall be staffed for personal contact between 8:00 a.m. and 5:00 23 p.m. on normal working days, and at all other times with some type of mechanism for the purpose of taking messages. "Section 8.16.220. Permittee's Employees. "A. Each permittee must provide high-quality service by industry standards and supply competent, qualified, identifiable and uniformed personnel who serve the residents of Diamond Bar in a courteous, helpful and impartial manner. "B. The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other nonmerit factor. "C. Any employee driving permittee's refuse trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the State of California. "D. The permittee's employees shall be required to wear clean, identifiable uniforms when engaged in refuse collection service within the City. "Section 8.16.230. Charges for Service. "A. Collection Charge. A charge for the collection of refuse shall be imposed on the owner or occupant of each residential or commercial units to which refuse, recyclable, and compostable collection service is made available. The charge so fixed shall be a civil debt due and owing to the City or permittee from the owner or occupant of the residential or commercial unit to which the collection service is made available. The City Council hereby specifically finds and determines that the periodic collection of refuse and rubbish from all residential and commercial units benefits all occupants and residents of the City, provides for the health, safety 24 and welfare of all persons in the City and, therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder, whether or not any such owner or occupant avails himself of such collection service. "B. Rate Adjustments. The Permittee shall provide the City and the owner or occupant of each residential or commercial unit that receives collection services, at least sixty (60) days in advance of the beginning of a billing period, written notice of the implementation of changes in any of its rates and charges which are not subject to regulation by the City. The notice shall include a statement of the reasons for the rate increase. (1) Permittee shall bill all customers for all services rendered, whether regular or special services. Permittee shall provide itemized bills, distinctly, showing charges for all classifications of services, including but not limited to the charges for late payment, redelivery fees, charges for additional containers, and other special services covered under this Chapter. The Permittee shall designate that portion of a customer's bill attributable to any fees imposed upon by the City as a separate item on customers' bills. (2) Upon a customer's request, the Permittee shall offer a Fifteen percent (15%) discount to each household in which the head of household is 60 years of age or older. This discount is applicable to all services rendered by Permittee. (3) City may, at City's sole option, elect to bill Residential Units for refuse collection and recycling through a parcel charge. Should the City institute 25 a parcel charge, Permittee shall be paid for each residential and commercial unit served according to a Payment Schedule as set forth by a separate Resolution of the City Council. Retroactive adjustments shall be made on the basis of addresses of premises added and the date added. Premises ordered after the first of the month shall be charged on a prorated 30 day/monthly basis. "Section 8.16.240. Riaht of Provision Modification. This Chapter is intended to carry out City's obligations to comply with the provisions of the California Integrated Waste Management Act of 1989, ("AB 939") as it from time to time may be amended, and as implemented by regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended. In the event that AB 939 or other state or federal laws or regulations enacted after this Chapter has been enacted, prevent or preclude compliance with one or more provisions of this Chapter, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. The City specifically retains the right to repeal, amend, add to, or modify each and every provision of this Chapter. "Section 8.16.250. Right to Grant Franchise. The City, subject to all applicable state laws, specifically retains the right to grant a franchise or franchises for the collection of refuse, recyclable and compostables materials from any residential or commercial units. "Section 8.16.260. Penalty for violation of Chanter. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the 26 requirements of this Chapter. Any person, firm, partnership, or corporation violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Chapter. "Section 8.16.270. Civil Remedies Available. The violation of any of the provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. DIVISION 2. PERMITS "Section 8.16.410. Authority of City Council to Issue Permits for Disposal and Collection. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public's interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions. California Public Resources Code Section 40059, as amended from time to time or any successor provision or provisions thereto, authorizes the City to determine (i) all aspects of solid waste handling which are of local concern, including, but not limited to, 27 frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services; and (ii) whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The City Council has now therefore determined, pursuant to California Public Resources Code Section 40059(a)(1), that the public's health, safety and well-being require that permits be granted to qualified solid waste contractors for solid waste collection, recycling, composting and disposal services in residential, commercial, construction and industrial areas within the City of Diamond Bar. The Council determines that the disposal and/or collection of refuse, trash, rubbish or other solid waste is a service to be performed in the City in accordance with the provisions of this Chapter. The City may from time to time issue permits to those parties meeting the criteria of this Chapter and such other standards as may be established by resolution of the City Council regarding the collection of refuse, rubbish and other forms of solid waste from residential and commercial units. So long as any such permit remains in force, collection of material provided for herein may be made only in accordance with the terms and conditions thereof. Fees and charges for such collection, removal and disposal services shall be those which the Council may from time to time hereafter approve by resolution. No person shall engage in the business of collecting, removing or disposing of any refuse, trash, recyclable and/or compostable material, or other solid waste including hazardous wastes or infectious medical waste, within the City from any residential or commercial units, nor transport the same over any public highway or rights-of- way, unless a permit to do so has first been obtained from the Council and such person complies 28 with the provisions of this Chapter and any other regulations which have been adopted pursuant to this Chapter. "Section 8.16.430. Permit for Removal of Refuse-- Prerequisites. "A. Procedure and Required Information. Any person or refuse collector desiring to obtain a permit to remove or convey any solid waste, recyclable or compostable material, hazardous waste or infectious waste upon or along any public highway within the City from any residential and/or commercial unit, shall sign and file an application in the form prescribed by the City and pay a permit application fee as may be established by resolution of the City Council. To the extent permitted by law, the information submitted in the application shall be kept confidential. Each permit application shall be filed with the City Manager or his designee and shall include, at a minimum, the following information: "(1) Name and description of the permittee; "(2) Permanent business address and address of local office of the permittee; "(3) Trade and firm name; "(4) If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses; "(5) Facts indicating that the permittee has arranged for refuse disposal in an area where the same may be legally accepted and disposed of as directed by the City; "(6) The type of solid waste, recyclable material, hazardous or infectious waste to be collected in each of the applicable areas: residential, commercial, multi -family residential, industrial; 29 "(7) Facts indicating that permittee is qualified to render efficient refuse collection service; "(8) Facts indicating that trucks and equipment conform to all applicable provisions of this Chapter; "(9) Satisfactory evidence that permittee has been in existence as a going concern for in excess of five years and possesses not less than five years' actual operating experience as a going concern in residential and/or commercial refuse collection and disposal; "(10) Satisfactory evidence that permittee's experience as a going concern in residential and/or commercial refuse collection and disposal derives from operations of comparable size to that contemplated by the permittee; details shall include length of other contracts, name and size of municipality, nature of service provided, and the name of the contact person at the municipality being served; "(11) Evidence that permittee is in good standing in the State of California and in the case of a corporation organized under the laws of any other state, evidence that permittee is licensed to do business in the State of California; "(12) A detailed inventory of the permittee's equipment available for use in refuse collection area; 11(13) A written statement that permittee has complied with or is capable of complying with all regulations imposed by the County of Los Angeles and the State of California for the collection and disposal of solid wastes. "(14) Facts indicating that the applicant owns or has under his control, in good mechanical condition, sufficient equipment to conduct the business of refuse 30 collection adequately if granted a permit, and that applicant owns or has access to suitable facilities for maintaining his equipment in a clean and sanitary condition. "(15) Satisfactory evidence that the issuance of a permit is in the public interest and convenience in that there is an available market for refuse collection which can be legally served by the applicant. "(16) Such other pertinent facts or information as the City Manager may require, including evidence of State certification, if applicable. "(17) Any of the above provisions in conflict with certification requirements imposed by State law shall not be required. "B. Permit Fees. "(1) Pursuant to California Public Resources Code Section 41902, the City may directly assess a fee or may, by agreement, arrange for the fee to be collected by the Permittee under this Chapter. Permittee shall pay or collect, as the case may be, an AB 939 Administrative Fee as may be established by separate resolution of the City Council and from time to time amended hereafter. Any fee established pursuant to this Section shall be payable by Permittee to City thirty (3 0) days after the close of each quarter of Permittees' fiscal year. "(2) The Permittee shall remit to City, for its reasonable costs of granting a Permit, a non-refundable application fee as determined by resolution of the City Council and from time to time amended. "(3) The Permittee shall be required to remit to City an annual permit fee or such fee as determined t_om time to time hereafter by resolution of the City Council. The permit fee required by this Section shall be in addition to any other license, permit, or agreement previously granted by the County of Los Angeles or the City of Diamond Bar. 31 "C. Reports. "(1) The Permittee shall submit, in a form approved by the City, an annual report within 120 days after the close of each fiscal year. This report shall include, but is not limited to, the following information: (a) A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class of service; (b) A report, in a form satisfactory to the City, on the City's progress in meeting and maintaining its ability to meet its goals under AB 939 as applied to the Permit Area, along with any recommended changes. (c) A revenue statement, setting forth quarterly AB 939 Administrative Fees, and the basis for the calculation thereof, certified for accuracy by an officer of the Permittee; (d) A list of Permittee's officers and member of its board of directors. (e) A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in the Permittee and any subsidiaries unless Permittee is a public corporation whose annual reports are publicly available. "(2) Permittee shall submit, in a form approved by the City, a monthly program report. These reports shall be due within twenty (20) working days from the end of the month. At a minimum, the reports shall include: (a) Summaries of tonnage collected and disposed of by generator type, 32 disposal facility used and disposal fees paid; (b) Summaries of tonnage of recycled material collected by material; (c) Summaries of tonnages of non-recyclables and contaminants disposed; (d) Summaries of tonnages, using an approved sampling methodology, of each material processed, sold or otherwise exchanged for processing, by material type; (e) Average market prices for each material sold, and processing charges or acceptance fees for yardwaste or other applicable materials; (f) Participation rates for each route in terms of set out counts and average pounds collected per residential, multi -family, or commercial units; (g) Description of progress in meeting the implementation schedule, including the problems encountered and how they were resolved; (h) Summaries of the number of service complaints by route, including the date, nature of the complaint, and how the complaint was resolved. "(3) Permittee shall provide up to six (6) reports of varying detail and format, as specifically requested by the City, to meet unforeseeable information queries of the California Integrated Waste Management Board, Los Angeles County Integrated Waste Management Task Force, or other public agencies. "(4) Permittee shall provide City two (2) copies of all reports, or other material adversely affecting the Nrmittee's status under this Chapter, including, but not limited to, reports submitted by Permittee to the Environmental Protection Agency, the California Integrated Waste Management Board or any other Federal or State agency. Copies shall be submitted to City simultaneously with Permittee's filing of such matters with said agencies. 33 "(5) The Permittee shall submit to City copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the Permittee to, as well as copies of all decisions, correspondence and actions by, any Federal, State and local courts, regulatory agencies and other government bodies relating specifically to Permittee's performance of services pursuant to this Chapter. Any confidential data exempt from public disclosure shall be retained in confidence by the City and its authorized agents and shall not be made available for public inspection. "(6) Permittee shall maintain all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, maps, AB 939 compliance records, and customer complaints, for the full term of the Permit, and an additional period of not less than three (3) years, or any longer period required by law. The City shall have the right, upon five (5) business days advance notice, to inspect all maps, AB 939 compliance records, customer complaints, and other like materials of the Permittee which relate to Pennittee's compliance with the provisions of this Chapter. Such records shall be made available to City at Permittee's regular place of business, but in no event outside the County of Los Angeles. "(7) All reports and records required under this or any other section shall be furnished at the sole expense of the Permittee. "D. Bonding of Permittee. Before granting a permit under the provisions of this Chapter, the Council shall require the permittee as a condition to the permit, to post with the City Clerk a cash bond or surety bond payable to the City in the sum of One Million Dollars ($1,000,000.00). Said bond shall be secured from a surety company satisfactory to the City and 34 on terms acceptable to the City Attorney. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this Chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. "E. Indemnification by Permittee. Permittee shall indemnify, defend with counsel approved by City, protect and hold harmless City, its elected officials, officers, employees, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its officers, employees, agents or Permittees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Substance or hazardous waste at any place where Permittee stores or disposes of municipal solid waste pursuant to this Chapter. The foregoing indemnity is intended to operation as an agreement pursuant to Section 107(e) of the Comprehensive Environa,ental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify City from liability. 35 "F. Liability Insurance. Permittee shall obtain and maintain in full force and effect throughout the entire term of the Permit, a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage, with any self-insured retention not exceeding $200,000.00 per occurrence. Said insurance shall protect Permittee and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Chapter, whether such operations be by Permittee itself, or by its agents, employees and/or subgrantees. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. All of the following endorsements are required to be made a part of the insurance policies required by this Section: (a) "The City, its elected officials, employees, agents, and officers, are hereby added as insureds with respect to liability arising out of activities performed by or on behalf of Permittee." (b) "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." (c) "This insurance shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." (d) "Thirty (30) days prior written notice by certified mail, return receipt M requested, shall be given to the City in the event of suspension, cancellation, reduction in coverage or in limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Clerk." The limits of such insurance coverage, and companies, shall be subject to review and approval by the City Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on each of the policies, or policy endorsements. All such policies shall contain at a minimum a provision requiring a thirty -day notice (30) to be given to the City prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodily injury and property damage shall be subject to review and adjustment by the Council. "G. Permittee shall obtain and maintain in full force and effect throughout the entire term of the permit, full workers compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Chapter. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, agents or Permittee for losses which arise from work performed by the named insured for the City. "H. Permittee agrees to protect, defend (with counsel approved by City) and indemnify City, its officers, elected officials, employees and agents against all fines or penalties 37 imposed by the California Integrated Waste Management Board in the event the source reduction and recycling goals or any other requirement of AB 939 are not met by City with respect to the Permittee' proportional share of the waste stream collected under this Chapter. "I. Compliance with Local and California Laws and Regulations. The permittee must agree to perform the terms of the permit in such a manner so as to comply with all applicable local and state laws and regulations pertaining to the collection, storage and transportation of solid waste. The permittee shall also comply with all other ordinances and regulations of the City and applicable laws and regulations of the County of Los Angeles and State of California, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof. "J. Permittee shall divert, by January 1, 1996, a minimum of twenty-five percent (25%) of the Permittee's pro -rata share of the City's waste stream as determined quarterly, and should the Permit remain in effect through January 1, 2000, fifty percent (50%) of the Permittee's pro -rata share as determined quarterly. Permittee shall expend all funds reasonably necessary to design, develop, and imr'.ement, at the City's direction, any program that has been identified in the City's Source Reduction and Recycling Element (SRRE), and incorporated herein by reference, capable of achieving compliance with AB 939. City agrees that it will cooperate, participate and consult with Permittee in the design, development, and implementation of any City directed SRRE program. "K. Permittee shall be responsible for any distress, other than normal wear and tear, to City's driving surfaces (i.e., transverse cracking, alligator cracking, patching, rutting, etc.), whether or not paved, resulting from the weight of vehicles providing refuse collection services at the location of bins and containers on public property. The City Manager or his designee shall 38 review each incident of asphalt distress separately with Permittee to verify the full extent of damage to City's driving surfaces. Upon verification of damages, Permittee, at Permittee's sole expense, shall repair or replace, in a manner acceptable to the City, all damaged surfaces. "Section 8.16.440. Permit Provisions. "A. Issuance or Denial of Permit. When an application has been made to the City for a permit pursuant to this Chapter or such standards as may be time to time adopted by resolution of the City Council, it shall be the duty of the City Manager or his designee to consider the matter; and he or she shall have the right to grant, condition or deny the permit request, and such decision shall be subject to an appeal of the City Council. In granting, conditioning or denying the permit request, the City Manager and the City Council may take into consideration factors, including, but not limited to, the following: (1) The ability of the permittee to comply with standards and requirements enumerated in this Chapter or such other standards as may be established by resolution of the City Council. (2) The ability of the permittee to comply with the equipment standards enumerated in this Chapter or such other standards as may be established by resolution of the City Council. (3) The ability of the permittee to comply with the provisions regarding insurance or bonds enumerated in this Chapter or such other standards as may be established by resolution of the City Council. (4) The ability of the permittee to cooperate, participate and consult with City to implement programs as identified in the City's Source Reduction and Recycling Element 39 (SRRE). Based on a preponderance of the evidence presented, the City Council shall make appropriate findings of fact before determining whether the permit should be conditioned or denied. If, based upon the record, the City Council determines that the performance of Permittee is not in compliance with any material terms of this Chapter or any material provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its sole discretion, may deny the permit request. The decision of the City Council shall be final and conclusive. "B. Assignment or Transfer of Permit. No assignment or transfer of a permit pursuant to this Chapter or any right accruing under such permit shall be made in whole or in part by the permittee without the express consent of the Council. In the event any assignment or transfer is authorized by the Council, the assignee shall assume the liability and all other obligations of the permittee. Each permittee shall file, on or before July 1 of each calendar year, with the City Clerk, a statement of ownership and shall verify the same as being true and correct under penalty of perjury. A permit issued under this Chapter shall not grant the permittee rights under California Public Resources Code Section 49520, where at the time the permit is granted the permittee did not have a right to continue service under this section. "C. Revocation. A permit may be revoked at the option of the Council in the event there is a change of ownership of any kind or nature of the operating company, unless approval therefor has been obtained in writing from the Council. If it is determined by the City Manager that permittee has not complied with the provisions of this Chapter, the permit, and all other applicable statutes, ordinances, rules and regulations, the City Manager shall notify the permittee in writing of noncompliance and shall order compliance within thirty (30) days. If noncompliance is not corrected within the above -prescribed thirty (30) day period, the Council, 40 following a public hearing upon at least ten days written notice to the permittee, may terminate the permit. "Section 8.16.450. Service Provided Specific, The Permittee shall provide the following specific services as described in subsections A through N of this Section. These services shall be in addition to any requirements, conditions, policies and procedures as may be established by Resolution of the City Council from time to time hereafter. "A. If the day of collection on any given route falls on a Holiday observed by the City or lawful disposal site to which refuse collected within the City is taken for disposal, or recycling facility to which recyclables are taken, Permittee shall provide collection service for such route on the next workday following such Holiday unless otherwise provided for in Chapter. The following holidays will be observed: New Year's Day, Labor Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day. "B. Permittee, at Permittees' sole expense, shall prepare and implement a multilingual public education and information program of no less than three (3) languages as determined by the City Manager. The program shall be approved by the City Manager well in advance of the introduction of any service. This program shall, at a minimum: familiarize residents, property managers, business owners/managers, and designated institutional representatives with essential waste reduction and recycling concepts; explain the benefits of recycling and composting (if applicable); explain the purpose and the manner of the City sanctioned recycling and composting programs; emphasize the materials to be collected; show the convenience of the whole range of activities in the City (both existing and proposed); and how to obtain further information. The City may supplement the program with newsletters and other means of communicating with the 41 public. The content of all written materials is subject to the review and approval of the City Manager. "C. Permittee, at Permittee's sole expense, shall institute a voluntary backyard composting program by providing 100 composting bins per year. Bins shall be constructed from not less than 15% post -consumer recycled plastic and are of a size, weight, nature and type as approved by the City Manager as to be minimally intrusive on the community with respect to aesthetics, vector control, ease of use and other factors necessary to minimize the impacts of this program. Bins shall be made available on a first-come first-served basis to any single-family resident wishing to participate in this program. "D. Permittee, at Permittees' sole expense, shall provide, to the City for demonstration purposes, up to four (4) composting bins of a size, weight, nature and type to be minimally intrusive on the community with respect to aesthetics, vector control, and ease of use. These bins shall be delivered to public facilities (e.g., parks) designated by the City Manager within two (2) weeks after notification. In addition, Permittee shall assist City in developing a public outreach campaign by providing educational material, as well as an individual, knowledgeable on composting/organic gardening or other related topics, to lecture in up to two (2) composting demonstration events per year. "E. Permittee shall collect, transport and recycle as mulch all Holiday trees which are placed at the curbside, from all single-family residences within the City during the period beginning on the first Monday following Christmas and ending on the third Monday in January. "F. Permittee, at Permittees' sole expense, shall provide, at a minimum, four (4) free curbside collections of bulky goods per year, on days of the month selected by the City Manager, from all residential units and at designated locations within multi -family units. There 42 shall be no size or weight restrictions except that Permittee shall not be required to remove automobile bodies, materials brought in from other areas or any other items which may not be safely handled by two persons. Bulky goods collected by Permittee may not be landfilled or disposed of until the following hierarchy has been followed by Permittee: 1. Reuse as is (if energy efficient) 2. Disassemble for reuse or Recycling 3. Recycle 4. Disposal. Permittee shall use whatever equipment is necessary for collection providing that a compaction mechanism is not used to compact the bulky goods. "G. Permittee, at City's sole option, shall provide upon request refuse collection and recycling services to the following locations within the City, at no additional charge to City or the entities listed: (1) All public facilities (i.e., City Hall, City Parks, etc.); and (2) any organization organized under the Model Non -Profit Corporation Act and designated as an exempted organization (i.e., YMCA) as defined by Internal Revenue Code Section 501(c). "H. Permittee shall, at no additional charge, to provide on -demand collection of illegally -dumped bulky goods within two (2) calendar days of City's request. Permittee shall provide this service according to a rotational schedule established by the City Manager. "I. Permittee shall exercise all reasonable care and diligence in collecting solid waste, and shall, at Permittees' sole expense, clean out all overflowing bins or waste enclosures within twenty-four (24) hours of notification by City. If the situation dictates and with the approval of the City Manager, the Permittee may charge the property owner for the actual costs of clean up. "J. Permittee shall, at no additional charge, provide at a minimum one (1) container 43 of a size, design and weight as approved by the City Manager wmcn is suitably to OtVLQ all necessary supplies and equipment that may be needed in the event of a disaster to the City and all public schools within the City. The location and number of additional containers shall be determined by the City Manager and provided by Permittee based on their proportional share of Residential Units as determined by the City Manager on the effective date of this Chapter and as reviewed and set by the City each year thereafter. "K. Permittee shall, at a minimum, offer a fifteen percent (15%) discount to any individual with a disability, as defined in the Title III regulation codified at 28 CFR part 36 (Federal Register Volume 56, Number 144, July 26, 1991). "L. Permittee shall offer a Fifteen percent (15%) senior discount to each single-family resident meeting the eligibility requirements set forth in Section 8.16.230 of this Chapter. This discount shall be applied upon request to all services provided by Permittee. W. Permittee shall provide, at a customer's request, manual carry out collection service to any occupant of single-family unit that is not able to place their containers at the curb due to physical disabilities. Permittee shall provide this service at no additional charge provided that eligibility for this service can be verified. "N. Permittee shall be responsible, at Permittee's sole expense, for any physical damage caused by the negligent or willful acts or omissions of employees, grantees or subgrantees of the Permittee to private or public property. SECTION 3: "The City Council declares that, should any provision, section, paragraph, sentence, or word of this Chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining 44 provisions, sections, paragraphs, sentences and words of this Chapter shall remain in full force and effect. SECTION 4: "The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89-6. ADOPTED AND APPROVED THIS DAY OF February, 1996. Mayor 45 I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on this 16 day of Janu , , 1996, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 06 day of February 1996, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: 46 City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.9 J TO: Terrence L. Belanger, City Manager MEETING DATE: February 6, 1996 REPORT DATE: January 22, 1996 FROM: Kellee A. Fritzal, Administrative Assistant TITLE: DIAMOND RIDE - DIAL A CAB STATUS REPORT SUNEVIARY: The City commenced the Diamond Ride - Dial -A -Cab program based upon the actual ridership being an unknown element. Through review of the program's eight and a half months (April 18 through December 31) operation, several trends are apparent in the ridership. With the increase of service provided by Dial -A -Cab, there has been a dramatic increase in ridership, from 98 rides per month to 1,168 an 1192% increase. The City Council reviewed the Dial -A Cab program in September 1995 and provided for an increase in funding and revised the boundaries (from 10 miles to defined streets). However, the number of trips is continuing to increase monthly, as well as the cost. In reviewing the ridership, there are several passengers who are utilizing the program as their means to work, this compiling over 60 trips per month. The program was designed to provide seniors and the physically challenged quality transportation to medical appointments, shopping and miscellaneous errands. RECOMMENDATION: It is recommended that the City Council: (1) Begin an Identification Card requirement for use of the Dial -A -Cab program; (2) Limit the number of rides per month for a single passenger to 24 trips; (3) Increase the use of the shared rides in scheduling trips. (4) Increase the contract by $28,000, for a total contract of $172,000 and total budget of $182,000. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? N/A _ Yes —No MAJORITY N/A _ Yes —No Yes X No 5. Are other departments affected by the report? N/A _ Yes Report discussed with the following affected departments: REVIEWED BY: Terre ce L. Belang Frank M. sher Kellee A. Fritzal City Manager Assistant City Manager Administrative Assistant ow CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 6, 1996 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: DIAMOND RIDE - DIAL A CAB STATUS REPORT RECOMMENDATION: It is recommended that the City Council: (1) Begin an Identification Card requirement for use of the Dial -A -Cab program; (2) Limit the number of rides per month for a single passenger to 24 trips; (3) Increase the use of the shared rides in scheduling trips. (4) Increase the contract by $28,000, for a total contract of $172,000 and total budget of $182,000. SUMMARY: The City commenced the Diamond Ride, Dial -A -Cab program, based upon the actual ridership being an unknown element. Through review of the program's eight and a half month (April 18 through December 31) operation, several trends are apparent in the ridership. With the increase of service provided by Dial -A -Cab, there has been a dramatic increase in ridership. In reviewing the ridership, there are several passengers who are using the program as their only means to work, this compiling over 60 trips per month. The program was designed to provide seniors and the physically challenged quality transportation to medical appointments, shopping and miscellaneous errands. FINANCIAL SUMMARY: Allocate an additional $28,000, tcom Proposition A funds to the Dial A Cab program. The total Diamond Ride budget will increase to $182,000 for Fiscal Year 1995-96. DISCUSSION: Identification Cards The City requires proof of meeting the age or disability requirement to be eligible to participate in the Dial -A - Cab program. Methods to show proof includes: drivers' license, social security Medicare card, VA documentation of disability, DMV disability card, social security award, or Access Services Card. These methods are burdensome and have been difficult to obtain for some residents. To provide for a uniform method of identification, the attached Dial -A -Cab Identification Card has been developed. The ID Card will include the name, address, and number of each rider. The taxi drivers will need to write the number of the card on the log sheets for identification/reporting reasons. The identification card will be available at City Hall. Applications will be completed by the person requesting the card and then a card will be completed. The Card will be required for all fares beginning March 1, 1996, if approved. Limit the Number ofRides Per Month In reviewing the monthly log sheets the average rider will use the taxicab 10 times per month. However, there are several riders who are using the service between 40 and 65 times per month. Due to the incidents of several people using the taxi service on more then a daily basis, the cost has increased. It appears after research, there are at least three residents who are using the taxis to go to and from work on a daily basis. The Dial -A -Cab system was established to assist seniors and disabled in travel to and from medical appointments, shopping and miscellaneous errands. The demand for the service on a daily or very regular basis for transportation to work is overloading the system. There is public transportation available for commuting to work and the Los Angeles County "Access Services" Program. Access Services is operated by MTA, as a transportation opportunity for disabled persons who cannot use the bus on a daily basis. The City's Dial -A -Cab program is designed as a supplement to the available transportation services. The initiation of a cap on ridership is fair. The cap will not affect a majority of the riders. The cap on ridership will be reviewed monthly to ensure compliance. The cap on the number of rides will be initiated for the month of March, if approved. In December, one rider used the Dial -A -Cab system 62 times for close to $1,000 in expenses to the City. Increase the Use of the Shared Rides in Scheduling; Trips The laity has been operating Dial -A -Cab as one on one service. Shared rides have occurred when a group of riders wanted to be picked up or delivered to a similar location. To effectively schedule the taxicabs, it is recommended that "shared rides" be expanded. A shared ride system, allows the dispatcher to schedule trips for multiple riders with the same cab, if the trips are generated in a similar geographic area. This system was used in the Dial A Ride program. With the implementation of the shared ride system, the program will become a more effective operation by reducing the wait time. If approved, Diversified Paratransit services will begin the scheduling of shared rides in March. Attachments DIAMOND RIDE - DIAL A CAB STATUS REPORT **November 23 through December 31 includes Holiday Ride and Safe Ride passengers. Nov. Holiday Ride Ridership - 21 trips, $258 Dec Holiday Ride Ridership - 166 trips $1,463 TOTAL 187 Trips $1,721.00 Jan ua 81 19815 April 132 120 12 0 109 64 45 Not Reported $8.79 $7.26 Not Reported Not Reported $1,004.00 15 days of sa May 771 647 94 30 741 398 343 Not Reported $10.66 $9.00 Not Reported Not Reported $5,388.24 June 802 654 127 21 781 343 438 7.39 $12.78 $11.33 Not Reported Not Reported $9,991.14 July 849 633 181 35 814 367 447 7.6 $12.78 $11.52 Not Reported Not Reported $10,754.82 August 1006 767 204 35 971 493 478 6.01 $10.26 $9.53 Not Reported Not Reported $10,542.84 September 1217 936 244 37 1180 623 557 6.32 $10.79 $9.37 Not Reported Not Reported $12,543.23 October 1365 975 352 38 1327 744 583 6.28 $10.77 $9.55 Not Reported Not Reported $14,339.21 November 1435 952 428 55* 1435 842 593 6.28 $10.20 $9.28 $5.61 $15.48 $14,651.88 December 1896 1172 510 214 1896 1152 744 5.67 $9.75 $8.20 $5.72 $15.46 $17,092.13 **November 23 through December 31 includes Holiday Ride and Safe Ride passengers. Nov. Holiday Ride Ridership - 21 trips, $258 Dec Holiday Ride Ridership - 166 trips $1,463 TOTAL 187 Trips $1,721.00 Y.-1 �I [11.1�II1ND BAR 1� 1. NAME: 2. ADDRESS: CITY: CITY OF DIAMOND BAR DIAMOND RIDE APPLICATION DATE OF BIRTH: TELEPHONE:(Home) (Work) Issued by Card Number 3. In order to prove eligibility, please provide one of the following documents. You will be required to present the item for verification to receive a Diamond Ride Identification Card. Social Security Medicare Card Number: Drivers License Number: DMV ID card Number: VA disability number: DMV disability number: Access Services ID number: 4. Do you use some kind of walking aid? (check one or more) Braces Crutches Walker Cane Wheelchair Other 5. Whom shall we notify in case of an emergency? Name: Telephone: Address: 6. Passengers traveling within City limits will be charged fifty cents ($.50) per ride one way. If the trip is to or from an area outside of Diamond Bar, but still within the boundary limits, the passenger will be charged $1.50 each way. 7. Signature Date PLEASE RETURN APPLICATION IN PERSON OR BY MAIL TO: CITY OF DIAMOND BAR DIAMOND RIDE 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 If eligible, a Diamond Ride Identification Card will be prepared. City of Diamond Bar Diamond Ride Identification Card Name No. Addnrss Diamond Ride Identification verification 1-800-578-6555 City authorization r Applying For Access Services y, 1f an individual feels he or she meets he cdiy.!hday criteria, the next step is to become —ti ied for .Access Services. "fu mccive an application for cenifi, non, call 1-BD0.827-0829_ (For persons with hearing or cummum,ation disabditli , please call our cex telephone at 1-&10-827-1359.) Ceniflcan.. informauon will be mailed by one f our ustomer service representatives who can also answer any other questions you may have about Access Service,. 0-, ASI receives the completed intormauon requested for pre -certification, an interview wi II be scheduled with a medical specialist e vsluamr. During the interview the evaluator wi II a,k qucxiun, related ., dee .q,pb.aoi, de It Iran,pnnauun a. ...tor, cher the Itoe. adun ,wdl b. maJr"Ih,,_I I„ II i,l deo,rod les the applicant eI-glbil tut Aue,, Services, he or she will be mnilied and is tied an ID card and a Rider's Guide_ The Rider's Guide will explain all there is to know about riding .Access Services, which Includes information about reservations, customer service and the overall operation of ASI. Choosing A Trip Access Services does nm prioritize trips! This nt ns that riders can use Access Services R,r any purpose, such as shopping, medical appointments, catching a movie, or just visiting a loved one. Local Dial -A -Ride Services AccessServices tines not replace Intal (cu}) dial -a-tid, s which are available to the elderly and individuals with disabilities. Access services encourages riders to continue to use their Intal dial-a-nd, for trips widno their own city limits. Dial -a-rude is .,,,all) more ,me em and less expensive. Acres, Servicescomplemnt es parauansit services, like deal -a -rude, for trips throughout the ( umu) of Ins Angeles. Therefore, Access Service, Is an alternate resume, for most t , ... 1""'r pnnns now", ilahl, to uuhctdlb with dtatbdltus. The ASI Agency ASI was incorporated on March 31 1094 as a private, non-profit c.rp.,a,iur gol"ned 6, a five memb,r ho„rd of duenurs representing the fixed route bus operators in Los Angeles Coumy. The Access Services transportation program e, owned and managed by ASI ASI is also the Los Angeles County Consofidnted '[ranspunati,in Services Agency 4nnwn as CTSA. The CTSA is a state mandatedlocal agency charged with improving the quality and effectiveness A n local Transportatioservices. As the CTSA, ASI is conumned to providing nanspunanou ,et.tces that meet ADA requirements. To help meet this goal, ASI has established an advisory cm unrnee to assist in maimaining our untru inern to Isim r...it customers. ASI Funding Source ASI and the Access Services transpnnauon program is funded with federal and local transportation grants as well as riders' tares Access. Services Informatiorr To find out more about ASI or be Access Servicestmnsponmion program, please call I-800-827-0829 (or 11,1 telephone I-80082713591 p. wuh hearing and -Ilulluuoilauo,d rl 15 We lookfrward to answer iA your qu t' ns � $ G nrR ,, Services Inc. & The ica.1s jilith VislbilitieN Act ......... . N,, (ATIA) 4 h, M\n1a", Ali .he 1—d T. Angeles ( 1" lf 'l" AD'k ""Ind", Access Services nrsportation PmgraM 'Q7:g qn—d by Alllk. A. , ,, 111, ill, pnrvldes hhu, 3/4 mile of a Ens ,Dole ur lural .rain station. wnh a 11,,, A -in.....us All ,h,,],, and ....... a" '0-1— "" b as "nall h.'e'. nn—,- and.axis, A,,,,,, S,-- t) i, able i operate 24 hours a day. 7 day, a —k in addition, nll d,,,,, are experwa,ed and ni n. 1,,.,7d, reliable and '.1i, service. ,I (I Ril . . ......t p,,, nh e,a, I 111h _-j- %,I npin,—p—hi,h,anbc n,, l,a,,d by —il —, ASI C ........ .. Scr—,-. 10 B-71064,Los Ang,ll1 CA Q0071 0694 ASI Service Area 1 1 1,, bo- 111"'P11111111 : \,I '1-d'd d'. � "."'Y he R, 1997 A,—,S xes will he flJIV iinpl—,rned h,n,gbnu, the eniin, —inal Fligihilih, m__ji,njnal, ,han..nr hoard rade or in hunt, —d—tard rhe ADA ehpbiky Lena, he qn-1-.1 that ]nIIn- w111 h11P a mr— determine it he o, she yualllies flr N, quii,stions, you n for Access Services, but may be able R*a rwftbow. st AGEND ITER NO. 9.4 ORRL PRESENTATION MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. /6 ' i February 6, 1996 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager 6 Approval of joint agreement with the City of Walnut for the purpose of sharing special legal services related to the proposed Materials Recovery Facility and Transfer Station in the City of Industry. ISSUE STATEMENT: Should the City enter into a joint agreement with the City of Walnut for the purpose of sharing the law firm of Burke, Williams & Sorensen to provide special legal services related to the proposed Materials Recovery Facility in the City of Industry? RECOMMENDATION: e City It is recommended that the City Council authorize the City Manager to enter of sharinglnto a the law nt agreement with firm of Burke, Willhams & of Walnut, in an amount not -to -exceed $15,000.00, for the purpose proposed Material Recovery Facility in the City of Industry. Sorensen to provide special legal services related to the FINANCIAL SUMMARY: ial l The City Council has previously budgeted $75,000 (001-4020-4021)8 0 Fiscal i the account for spec egal services. There is an unappropriated fund balance of approximately $ BACKGROUND: The City of Walnut, through the Walnut Improvement Agency, has heretofore solicited and received proposals for of special legal services related to the proposed Materials Recovery Fad co d t ed inintemew with th the four most p proposals an Industry. In response, the City of Walnut received eight (8) p p funs a Ci selection committee, consisting of qualified law funis. After an exhaustive evaluation of the four (4) t3' staff and members of the City's Task Force, unanimously selected the firm of Burke, Williams, &Sorensen. leg Burke, Williams & Sorensen is a full service law firm. The firm's Environmental Law esenting a oup offers complete public currently services with respect to environmental law and regulatory matters and is y reprLead agencies on solid and hazardous waste issues. The firm has designateddhCity. MLennard d° has sserve pecialized zed Special the Counsel to represent both the Walnut Improvement Agency and ears Lennard has litigated a number of practice of environmental and land use law for the past twenty y significant environmental cases and has acted as special environmentalco lunsel toties of Santa Fe a number o rings, Torrinc including the County of Orange, University of California at Los Angeles, an Redondo Beach, West Covina, Upland, Rolling Hills Estates, Anaheim. Mr. Lennard will be assisted, as necessary and appropriate, by other attorneys and paralegals. DISCUSSION: Recently, representatives from the City of Walnut contacted City staff to discuss their interest in sharing special legal counsel. As you will recall, the cities have entered into a joint agreement for the purpose of sharing our technical consultant, Ultrasystems Environmental, Incorporated. Since both cities share a common interest against the proposed material recovery facility, it is felt that there would be certain advantages in combining our efforts and jointly sharing the costs of special legal services. In doing so, both cities could avoid a duplication of efforts, as well as reduce each city's overall legal cost. In addition, by sharing legal counsel both cities will establish a coordinated approach to legal services while maintaining strict attorney-client protection. The firm has prepared a preliminary budget to review and comment upon the recirculated Draft Environmental Impact Report. Although the actual costs are unknown at this time, the firm has estimated that the proposed scope of work will not exceed $50,000 total, or $25,000 per city. Staff recommends that the City Council approve an initial budget authorization of $15,000. Should additional legal work be required staff will provide a revised budget authorization request at a future City Council meeting. Staff is requesting that the City Council approve the joint agreement with the City of Walnut and authorize the City Manager to execute the necessary contractual documents. A copy of the draft agreement between the Walnut Improvement Agency, the law firm of Burke, Williams, & Sorensen and the City of Diamond Bar is attached for the City Council's use and information. PREPARED BY: Troy L. BAlaff Assistant to Ne City lnagYr Attachment IDRA T Al;ttht-MPNT FOR LEGAL SERVICE3 THIS AGREEMENT is entered into by and balween the Walnut bnVmdmWt Army ("Agency"), City of DiAMIld Bar ("City') and the law Gr»t of Bnrke, WUliM dl: SWUM, I a partnership including professional corporations ("firm'). WHEREAS, Firm is prmttly representing Agency in connection with it i opposition Go the proposed Material Recovery facility (MRF) site in the City of Industry; WHEREAS, the Agency and the City share similar concerns in their op sitiot, to the po prosed Industry MRF and therefore both the Agency and the City desire to eq Wly share the i costs of legal services pruvidW to Agency and the City; WHEREAS, Agency and City desire W retain Firm to serve as special c%unaol to them in connection with their opposition to a MRF site in the City of Industry; WHEREAS, firm is willing to represent Agency and City in connection with their opposition to the siting of a MRF in the City of Industry; NOW, THEREFORE, the parties agree as f011nwt' 1.. 'Ihe term of this Agreement shall wm mence as of , 1996, I nx7-101111 i and sha11 continue thereafter until this matter Im um, resulvvd, untexs 80ontr Laminated as { provided herein. 2. S=j Agency and City hire Firm to provide all legal 9ety* requhnd to mprescnt them in matters reiaWd to Agency And City's opposidon to the MRP �tc in the City of industry, including, but not limited to, the following: (a) Firm shall represent Agency and City in connection with kite regulatory requirements and responsibilities for a MRF site; and I i (h) Firm shall represent Agency and City in litigation of any fond relating to Agcm;y atxl City's opposition to the MRF site, whether in court, in Iadministwive hearings or before government agencies or arbitration tribunals. i Firm shall cooperate with Agency and City and shall take all reasonable steps to Keep Agency I and City informed of progress and all significant developments. 3. i)esjgD W I &A Counsel. C.Min Lennard is designated w; Lead S*iai Counsel for Agency and City. Mr. Lennard will also be assisted, as neccsmy and dpP ate, by other attorneys and paralegals. 4, Compensation For LAW Services. Agency and City agree that thi legal services i LAXI; 146$51 .1 being provided by Pirm under this Agreement are for the equal benefit of AgehCy and City- Firm of legal servitxs provided under thus Agement equally firm shall therefore divide the Co eg between Agency and City. The same .Vacation shall be made as to costs and exp Ims" incurred by the Firm in providing services to Agency and City. y, Nonthly billina of services. Firm shall provide a Monthly billies �f tlkc setvim provided and the time spent prrMding those services in the form customarily su�plied by Firm to clients being billed on an hourly basis. Agency and City shall pay Firm f its services rendered and expenses incurred on Agency and City's behalf within thirty-fivi (35) days of ru;eipt of an invoice from Firm. i i 6. Fees for Services. Firm shall be paid at the following hourly rat s' Colin Lennard $210.00 J Other Attorneys $135.00 to 197.00 I aw CIerkJlgralegals S95.00 i i These rates will remain in effect until July 1, 1996. Thereafter, they will be subject to adjustment, with prior notification and approval from Agency and City. i 7. Sunn ies t; `idpment and Surmnrt Staff. Firm shall provide necessary supplies and clerical and support staff necessary to provide the services under this Agroemen�. I S. Costs and F.xoensas. Subject to the provisions of paragraph 4 her n Agoncy and City shall pay, upon submission of an appropriate invoice, out-of-pocket costs incurred by Firm LAx2:146SSI.1 3 for filing fees, facsimile costs, long-distarxx telephone charges, word proves inj charg"t secretarial overtime charger, messenger and delivery charep, postage, par"II consultant's fees, supplies, ordinary and necessary busu=xx navel expe;rtses and any expcn4c3 rcasonabl Y incurrhd by Firm in performing its services hereunder. g. Piles, All legal files of Firm pertaining to Agency and City shalla and remain the joint property of Agency and City. Firm will control the physical location of Iuch legal files during the term of this Agreement. Agency and city agree to share confideutti� information with Firm. j I I 10. ronflicting Interests of Public Entities. Firm shall comply with'I all applicable laws and professional rules and standards relating to any known oonfliet of int6re st involving matters upon which Firm provides services under this Agreement. Firm shall promptly notify Agency or City of any conflict of interest which may arise related to matters up� which Firm provides services under this Agreement. 11. Insurance and J=mnity. During the endre term of this Agrtent and any extencinn nr mndification thereof, Firm shall indemnify. defend and hold harinle�s Agency and Cit and their officers, officials, employees and agents frum and against any a d all liability, City I loss, damage, expense, cost (including without limitation costs and fees of li.tlg�tion) of every I nature arising out of or in connection with Firm's performance of work heueunddr or its failure i to comply with any of its obligations contained in this Agreement, except such 116 ss or damage uvc2:10551A 4 which was caused by the sole negligence or wllltul misconduct of the, Agency o City. During the entire term of chis Agreement and any exLcusiuu or modificat ll thereof, Firm shall keep in effear inauranc:e policies pfoviding coverage for lawyers profes3iunal liability aFFL itzblc to the services rendered in an amount not lags than► Ont Millon Dollars occurrence. Firm shall rovide roof of such insurance to the saiiafimtion (�1.000,000,W) Per ooc P F of Agency god City. 12. Execute d A�eementlhhtt ces. Agency and City shall return a sign6d copy of this Agreement to Firm at 611 West Sixth Street, Suite 2500, Los Angeles, Califurnik, 90017. All nnrieeq required or permitted to be given under this A&=mcnt shall be in writing �d personally drliveLed 01 srAt by vrr6fl.cd mail, postage pmpaid and return reoeipt requested' addressed as follows, or such other address as is designated in writing by either party TO AGENCY: Jeffrey Parker Executive Director � Walnut Improvement Agency 21201 La Puente Road, P. O. Box 682 Walnut, California 91788-0682 TO CITY: Terrence L. Belanger city Manager 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 TO FIRM: Colin Lennard, Esq. Burke Williams & Sorensen 611 West 6th Street, Suite 2500 Los Angeles, California 90017 LAx2714W ,i 5 13. IndmdImt CQIUW= NO employer-employee relationship is cicate l by this Agreement. Firm shall be an independent amtractnr of Agency and City. Ag cy turd City shall have no obligadon or liability w Firm ful services or expenses provided dr incurred by I Firm except as herein expressly provided. 14. lntegratiM. This Agreement shaH constitute the full and cotnplct I agreement of the panics and shall supersede any other written or oral statement of either party- i i 15. Di ch ' and Withdraw -al. Agency and City or either one may 4scharge Pian at any time, upon written notice to Firm, and Firm will immediately after r�xivi,lg such notice, i cease to render additional services W Agency or City. Such a discharge does hot, however, relieve Agency or City of its obligation to pay eery onto and fees incurred, prior to such termination, and Firm reserves the right to recover from Agency and City the reasonable value of its legal services rendered from the effmtive date of this Agreement to the d&4 of discharge. i Firm may withdraw from representation of Agency Or city or hOt (a) with their consent; (b) upon court approval; (c) upon any wnflict or infest atisuig undtiI paragraph 10 herein in which case Agency or City shall not object and give their written Consent to the wutinued i-epresentation by Firm of either the Agency or City under this Agreement; or (d) if no court action has been filed, upon reasonable notice to Agency or City. i 16. Nondiscrimination. Firm shall not discriminate, in any way, agOlst any person J AXI: ue»1.1 b 01/26/96 12:24: _-- - - - i national origin, Ancestry, �Ysiw on the basis of age, sex, race, color, religious creed, ormw= hdt�p, medical c:onditiotl or maTltal status in c:unntx:tiuu With a' related td th i 1 of this Agrerxncnt im r of Guatal�i�. Nothing in this Agreement and nt�$ in f'irm's 17. ]�iss�a�— statements to Agency and City will be construed as a promiso or guamteo abo�;t the outcome matter. Firm's Comments about the outcome of this matter are expressions of opinion this � only. WALNUT IMPROVEMENT AGENCY By. _ . . JUNE WhNIWOKTH Chairperson ATrEST: City Clerk CITY OF ]DIAMOND BAR By: - Title; uWA6551.1 Uatcd:— APPROVED AS TO I`ORM I1 7 i City Attomcy Dated: ATTEST: Uty C>erk BURKE, WILLIAMS & SORENSEN By: JAMES T. BRADSHAW, JR. Managing Partner iwx2A4bSSl , g APMOVED AS TO FORM: City Attorney Dazed: AGENDA ITEM NO. 10.2 ORAL PRESENTATION INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: Terrence L. Belanger, City Manager SUBJECT: City Council/City Manager Team Building DATE: February 2, 1996 RECOMMENDATION: It is recommended that the City Council appoint an ad hoc committee, which would be comprised of 2 members of the Council and the City Manager, to interview all of the team building workshop facilitation proposals. After the interviews, it would be expected that the City Council committee would make a recommendation to the full Council. At this time, a date(s) has not been scheduled for the team building workshop. It is recommended that team building be undertaken as quickly as practical. DISCUSSION: The City Council has requested that proposals be solicited from qualified consultants for a City Council/City Manager Team Building workshop. We have received proposals from 5 consultants, copies of which were previously transmitted to the City Council. You may already be aware that there are some limitations to the privacy/confidentiality of team building workshop, due to the constraints under the Brown Act. The team building sessions(s) would have to be conducted, in Diamond Bar. Also, the session(s) would be noticed public meetings. However, the public would only be permitted to observe the session(s). nbw